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HomeMy WebLinkAbout5853 33 G-e-le; Q vminc____ �T 140 Sound !sr-. , 6-p " 5793 6, 14- if-nc -& t(&4/ . V;-60/0b - "7 r btl4u) 4-8s3 - FY1 r { . APPEALS BOARD MEMBERS • •�''� • MailingAddress: r OF SO(/j Ruth D. Oliva, Chairwoman 0� y1' 'S0 , Southold Town Hall '& l0 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer ; * * ; Southold,NY 11971-0959 James Dinizio,Jr. tG Q ��` Office Location: � Michael A. Simon i1 t� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ..'COUrj*V.ø' 54375 Main Road(at Youngs Avenue) .,,.�•'' Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 HAY 1 2 2006 elciaGG,,,, Q FINDINGS, DELIBERATIONS AND DETERMINAl1ON"t Old Town Clerk MEETING OF APRIL 13, 2006 ZB File No. 5793 and 5853—GERI ARMINE-KLEIN Property Location: 160 Sound Drive and Sound Avenue, Greenport CTM 33-4-35.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property has 200 feet of frontage along Sound Drive and 365+/-feet along Sound Avenue in Greenport, and is improved with a single-family dwelling and in-ground pool, shown on the survey revised 1-31-06 by Lisa McQuilken. BASIS OF APPLICATION: Zoning Code Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval which states that "fences, walls or berms may be erected pursuant to Article XXIII, Section 100-231. Portions of the fence exceed the code height limitation of four feet as located along a front yard lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant's property has a newly constructed fence located along the front property line adjacent to and at the end of Sound Avenue, portions of which do not comply with the code height limitation of four feet. The height of the fence steps up from a continuous four ft. height to six feet and extends for a distance of 185+/- feet in length (excluding the conforming 4 ft. high sections at the opposite southerly end). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-built nonconforming fence was constructed recently without conformity with Chapter 100 (Zoning Code). The reason given by the applicant is that there was a need to provide a visual barrier from entering into the applicant's property and to deter impulse crimes at the end of Sound Avenue, and that the applicant left it up to the contractor to check the town codes. The fence was built taller than the statutory four foot limitation along the front yard in error. Page 2—April 13,2006 + ZB.File No.5793 and 5853—G. Kle° CTM No.33-4-35.2 2. The alternative relief will provide a balance to give a benefit to the applicant of increased privacy and security with a visual barrier to the property, while not having an adverse change in the character of the neighborhood or detriment to nearby properties. 3. The difficulty was self-created when the fence was erected without conformity to the codes, and is unique to the character of the neighborhood. 4. The alternative relief granted is substantial. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a fence at a height over four feet, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to DENY the relief as applied for, and to GRANT alternative relief as noted below: A 6 ft. high, decorative iron or chainlink-type fence, without slats, may be erected at 10 feet from the easterly property line along Sound Avenue for the 135+/- foot length, plus 5 ft. high decorative iron or chainlink-type gate, 10 ft. return not to exceed five feet in height, and remainder of fence stepped down (40 ft. length) with variable heights from six feet to four feet - stepped at every two or three panels (total length 185+/-all in the same north-south line); The entire 185+/- length of fence shall not be closer than 10 feet from the easterly property line adjacent to Sound Avenue. A decorative iron gate is permitted at 5 feet in height and shall not be a solid material; however, the gate may have decorative ivy leafing or other type of composite material. No slats shall be permitted for the fence, but natural screening is allowed The easterly side of the fence shall be screened with juniper or similar hardy native (such as Eastern Red Sea, or another similar screening), at a minimum height of six feet, maintained in perpetuity; Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, set.. • • •er feature of the subject property that may violate the Zoning Code,other than such uses,setbacks an. : er features as - e expressly addressed in this action. Vote of the Board: Ayes: Members Oliva ' airwoman), Goe ' ger, ' izio, Si .•, an. e' - . This Resolution was duly adopted (5-0). G- .rd P. Goehringer 5 1(106 * • oved for Fili•• • 410 as LONG ISLAND SOUND 00 WARP @^.a of BOTTOM or awn -�- I o oma__ \ I 4 041 \ / ^` Il tA1/4 0 oat t \ \ v2 LINE OF 'LANDWARD LIMIT °� \ OF NATURAL PROTECTIVE 1'- -.. 'CP \\a FEATURE AREA' AS DESIGNATED BY COASTAL 9B' \\ O FORMER WATER EROSION LINE MAP DATED Jppo roe \\`2 EASEMENT VERIFY WITH 8-29-88 SHEET 14 OF 49 • \ 0 S.C.W.A. IF ABANDONED PHOTO q 51-606-83 v Ios \ N J, c, 09 a',1 It /„0,, \\ ‘11114,111111000. \ le -, \\\ r r \ o 35.0 '�\9 ` \ P \ 7 �7 y`J7 � N 9 \ \\ R� IC 432k\ iO .630 � t i RG�p5Jg�,0.( R ` :1165 0. • Z -%311 \. 6 , 'V ,s �— a3•�� *(3\\ \\L \ 7 'IP INSET 0 v \ t =30' rae o _70.00' \ F---_� x96 \ v \ rr SOUND DRIPE� __� % \\ EASEMENT PER SURVEY BY R. VAN TUYL 10-17-86 f (NO PHYSICAL EVIDENCE) v ELEVATIONS' CONOURRDATUM \ \ 2' CONTOUR INTERVALS \ 5' CONTOUR INTERVALS BETWEEN TOP/BOTTOM BLUFF S.C.T.M.# DIST. 1000 SECT. 033.00 BLOCK 04.00 LOT 035.002 UNAUTHORIZED ALTERATION OR COPIES OF 11115 SURVEY MAP NOT BEARING DISTANCES SHOWN HEREON FROM PROPERTY LINES ADDITION TO THIS SURVEY IS A 111E LAND SURVEYORS INKED SEAL OR TO EXISTING STRUCTURES ARE FOR A SPECIFIC VIOLATION OF SECTION 7209 OF THE EMBOSSED SEAL SHALL NOT BE CONSIDERED PURPOSE AND ARE NOT TO BE USED TO ESTABLISH NEW YORK STATE EDUCATION LAW TO BE A TRUE VALID COPY PROPERTY UNES OR FOR ERECTION OF FENCES CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE COMPANY, GOVERNMENTAL AGENCY, AND LENDING INSTITUTION USTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS SURVEY OF DESCRIBED PROPERTY SITUATE AT GREENPOR7' Kt- NEW IOtt TOWN of SOUTHHOLD, COUNTY of SUFFOLK, STATE of NEW YORK y�Q��\NG.Mcq 9f LISA Mc UILKIN CERTIFIED TO: 0. _ Q REVISED: 4/24/00 * w e�" 6/6/01 ADD EASEMENT t';ig7 / LAND SURVEYING FIRST AMERICAN TITLE INS, CO., GERI 7/17/00 COASTAL EROSION +, � (� 274 EAST MAIN STREET ARMINE-KLEII,1 EAST (SLIP, NEW YORK 11730 CYNTHIA ARMINE-KLEIN 4/02/04 I.G.P. U.C. `%0 +,1I�y. 12/13/05 UPDATE a}� PHONE: 631-277-3605 '�AI�.�\1riTj��r/ 1-30-06 UPDATEELEV. �/ ` I —31-at, REV. NAME , lei DATE: 4/6/00 jAL.E: 1 "= 60' 1 FILE NO. 316-00 1 .. 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VAN TUYL 10-17-86 Er 4 D DATUM \ /ALS __ t w "4-54 /"-` -cl 3/306 Gs4i 0. y_ F _Cs cry P.5 V • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY, MARCH 30, 2006: 10:50 A.M. GERI ARMINE KLEIN #5853. Request, after withdrawing Appeal No. 5793, for a variance under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of fence structures that will exceed the code limitation of four feet when located in or along a front yard, at 160 Sound Avenue and Sound Road, Greenport; CTM 33-4-35.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: March 7,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #7797 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 23rd day of March , 2006 erpal Clerk Sworn to before me this d i J day of --44a `' 2006 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01406105050 Qualified In Suffolk County Commission Expires February 28, 20n? 110 FORMNO. 3 b /r/q J NOTICE OF DISAPPROVAL CA' ` /� DATE: August 15, 2005 TO: Robert Bohn A/C Klein PO Box 55 Peconic,NY 11958 Please take notice that your application dated August 10, 2005 For permit to construct a fence at Location of property: 160 Sound Avenue, Greenport,NY County Tax Map No. 1000 - Section 33 Block 4 Lot 35.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231,which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height." The proposed front yard fence measures 6 feet. age utho -• ' i ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS CA For Office Use Only s Fee:$/S5l,' FiI y:dILD -/=t'flp Date Assigned/Assignment No. 3 Office Notes: Parcel Location: Housp No. (O C9ieet ,-'f Street Stott n I (i QC � Hamlet c0 o L( 110s � � SCTM 1000 Section Si Block I/ Lot(s)3 fa Lot Size Zone District I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: g I r b T Applicant/Owner(s): 1n V-\ 4 vtA. t J\ 2 \-\ C Mailing Address: \ I k I l� RO \ o .,� -.J, �Jf \ JC1 Gfee ip o .A , IU � . ) Telephone: l-1$ — X Y— et °V cel 1 ( er 1a-) et 1-Y — (/• . . 171" NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Please pecify who you wish correspondence to be mailed to,from the above listed names: 02-Applicant/Owner(s) ❑Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Building Permit ❑Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use ❑Permit for As-Built Construction 1.9.Other: f e e PQ (( Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XX II Section 100-23f Subsection Type of Appeal. An Appeal is made for: '.A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. C& Qn Nutt u t)43/6a).€) • • tb 0 ❑Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appealbas 0 has not been made with respect to this property UNDER Appeal No9113Year t-uo(, . REASONS FOR APPEAL(additional sheets may be used with applicant's signature):,�1 1t c e. le e, AREAVARIANCE REASONS: A kkc'(LeI Ske eS G1/4-4 (1) An undesirable change will not be produced in the CHARACTERf the neighborhood or a detriment to nearby properties if granted,because: W1„N� t sire Q p r t o r Co s1 rt )•: wj ALLA?—cc_ fr.) t � t--d�nr��e �41e . {Hce S e l? tk4"vv t (.�A-9 (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the y1I applicant to pursue,other than an area variance,because: lo` S S C e- ' 4--r-'^I`e (3) The amount of relief requested is not substantial because: ll I e c- (.,2_ I, Ltiv -Kt..Le (4) The variance will NOT have an adverse effect or impact on the physical or environmental kconditions in the neighborhood or district because: o V t n 5 C g. JC k-biPi S fro C. (5) Has the alleged difficulty been self-created? (y'es,or ( )No. �o r ci-u This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) )11 / n .e : OA" Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this l day_ ,200*P . 4144 f V otary Public • • -th3 Attachment to ZBA Application Submitted by Geri Armine-Klein History I hired Mr. Robert Bohn,a licensed contractor and reputable fence installer in July 2005.As set forth in my letter of December 1, 2005, attached hereto as Exhibit 1, there is an escalating drug problem in the neighborhood known as 67 Steps. I believed in July 2005,the same as I do now,that I need a 6 foot fence the length of Sound Road to protect my children and my property from the criminal element in this neighborhood. The parking lot for the public beach is adjacent to my property and is a hot spot for drug dealing and drug consumption. I asked Mr. Bohn if there were any restrictions regarding fences since I wanted to install a 6 foot fence to nm the length of my property line along Sound Road.He advised me that there were no restrictions and no need to obtain a building permit. We then proceeded to select the type of fence to install and the features which we would require. The purpose of this 6 foot fence is to provide a visual barrier into my property and deter impulse crimes. No fence, or even a complete enclosure, will deter the"professional" criminal who might come and clean out any house on the block before the local police could respond to a security alarm. A six foot fence, as opposed to a four foot fence, provides a visual obstruction into my yard so a teenager who has been drinking,or a person who has been smoking crack cannot look into my yard and decide to hop the fence and take a swim in my pool. Or more frighteningly,look over my fence and decide to harm my children playing in either the back yard or the front yard. Furthermore,a 6 foot fence is difficult to climb over,which a four foot fence is not,even for someone impaired on drugs or alcohol. I did not,and do not,feel the need at this time to entirely enclose my property since a typically impulsive and/or impaired person is unlikely to walk all the way down to Sound Drive to walk all the way up my driveway for whatever kicks they may be seeking. Attached hereto as Exhibit 2 is a photocopy of a portion of the most recent survey taken of my property. I have marked "Sections A, B, C, D and E" on the survey map to assist in the descriptions which will accompany the photographic exhibits. Attached hereto as Exhibit 3 is a photograph taken during the winter of 2004 which shows Section A of the property which is closest to the end of Sound Road. This photograph was taken from my screened in porch out towards the parking lot and the steps to the Town Beach. Exhibit 4 is a photograph showing Section C on the survey,which is the view looking out from the front porch of my house towards the more southern section of Sound Road. Both of these photos are helpful in describing two situations. The first situation described is that when the trees are bare during the winter there is no visual or auditory barrier between my property and Sound Road. In Exhibit 3 there is a white car parked by the steps which is clearly visible from inside my property looking outward. Obviously,my property and house is also clearly visible to the person sitting in the car. The other situation which is illustrated in both photos is the downward slope of the land from Sound Road towards the large puddle on my property which is approximately 15-20 feet in from the property line. These photos were originally taken to illustrate the drainage problems to the contractor who subsequently installed a series of drywells, but they are also illustrative of how open and vulnerable my property is without a fence. Additionally, the slope/gradient complicates any of the suggested alternatives for setting a six foot fence 20 feet in from the property line. Attached hereto as Exhibits 5 and 6 are photographs which were taken after the installation of the fence in the Summer of 2005 and after the drywells were installed, the lawn came in and some of the landscaping was completed. Although the photos were not taken from exactly the same vantage point as in Exhibits 3 and 4, it is fairly clear that the same view of Section A and Section C are being shown. Exhibits 5 and 6 illustrate the benefit derived by my family in blocking any view of the parking lot and street looking outward, and conversely, any view of my house and property by those looking inward. If this fence was reduced to the four foot"as of right"fence that can be installed without a variance,we would be viewing all the activity, both legal and illegal, on Sound Road and in the parking lot. Conversely, people driving or walking up to the beach stairs, or driving up to purchase drugs, could easily view my property, my house and my children if they are playing in the backyard or front yard. Page I • • Exhibit 7 is a photograph taken of the rolling gate which was installed near to the garage and indicated as at- Exhibit Exhibit 2, Section B. We wanted a rolling gate Stalled near to the garage as an emergency exit to Sound Road, in addition to the regular driveway at the southern end of the property onto Sound Drive. My eight year old niece,who lives with us weekends and summers,is severely asthmatic. There have been occasions when she has been rushed to the hospital because of an asthma attack. During our first season in the house, the winter of 2004-2005, there was a record amount of snow fall on the North Fork. Our driveway was barricaded in and we used the Sound Road egress during that time. When it became apparent in the Spring of 2005 that a fence was essential along Sound Road,in order to protect our children and property from the criminal element there, we also decided we needed to maintain this emergency egress in case of the possibility of my niece having an asthma attack and our driveway was not accessible due to snow. At great expense, we chose a very attractive fence and designed where the rolling gate would be located. We also installed a stone paved apron so that the gate would roll easily through the snow and so our car would be able to get traction in the snow to exit onto Sound Road. It would be very difficult to move this gate further in off of the property line since access to the garage would then be prevented by an inadequate turn around space between the garage and the fence. Furthermore, if the distance from the fence to the curb were increased an emergency exit during a snow storm would be close to impossible since there would be a larger area of unshoveled snow to drive through between the fence and Sound Road. Hearing of January 26.2006 At the hearing of January 26,2006 several different proposals were suggested by members of the 67 Step Neighborhood Association and by members of the Zoning Board. I will address why these are not practical for our property or compatible with the goals of privacy and protection which we are trying to achieve. Mr. Krebs of 67 Steps provides photos of several suggestions. None of his ideas are practical for us,we considered them with our landscaper and rejected these types of ideas. Personally, I find an enormous wall of thick privet to be much more off putting and exclusionary than an attractive fence. For those members of 67 Steps who fear that the North Fork will become"unwelcoming"like the South Fork,a big hedge is sure to assist in that transition. Additionally,privet is deciduous and will not provide any screening in the winter and it can be easily crawled under so it is not a very effective at preventing intrusions. Also,since we need a rolling gate for emergency access,a portion of the privet hedge would need to be"interrupted"so that the rolling gate could be installed on permanent end walls. This is not a look we personally find appealing. Mr.James Dinizio,a member of the Zoning Board,made a suggestion at the hearing of January 26,2006 that from the end of Sound Road until the corner of my house that the 6 foot fence be set back 20 feet from the property line,it could then come back out to the property line and run at the unregulated height of 4 feet. As much as I appreciate Mr.Dinizio's attempt to propose a compromise which might satisfy everyone involved,I have to say that I don't think this idea is practicable. Because of the slope of the land,as indicated in Exhibits 3 and 4,a 6 foot fence which is set back 20 feet will essentially become a 4 foot fence because of the change in elevation. This will not achieve any of our goals of privacy and security. Additionally I will loose access to a valuable portion of my property. Because of my need for a rolling gate, I could not set back that portion of the fence which contains the gate,(Exhibit 2,Section B;Exhibit 6) without loosing the ability to park a car in the garage or use the emergency egress during a snow storm,as described above. Furthermore, I don't make a distinction between my need for privacy in the front yard as opposed to the backyard since my children play in both yards all of the time. When the parking lot at the end of Sound Road is full cars park the entire length of Sound Road. The drug dealers also park at various locations along this stretch of Sound Road. Accordingly,I have the same concerns that criminals and drug buyers are looking over the fence into my front yard and checking out my property and eyeballing my children. Our Proposal I have consulted with my landscaper,Mr.Gerard Orientals,who owns and operates Soundside Landscaping,about possible landscape solutions to this problem. He has suggested a five foot wide setback for the 6 foot high portion of fence from the end of Sound Road until the location of the rolling gate Page 2 • (Exhibit 2,Section A). In the five foot buffer zone between the fence and the property line he could plant 90 18-24 inch Sea green Junipers at an estimated cost of$5,000. The fence would then come back out at a right angle to the property line so that the rolling fence and stone paved apron could remain where they are presently located(Exhibit 2,Section B). Along the fence line indicated by Exhibit 2, Section C the fence height would taper down from 6 feet to 4 feet in an aesthetically pleasing way. The fence line indicated by Exhibit 2, Section D,would then be cut down to 4 feet high and relocated so that it is properly situated along the property line and not encroaching on Town property. The corner of the fence(Exhibit 2,Section E)will be properly set back 30 feet from the surveyors monument,wrap around the corner and then continue from the other 30 foot setback point until terminating at an end post besides the driveway. ZBA Anolication Ouestions As to the questions set forth in the area variance application,although I do not think a height variance is technically an area variance,I will attempt to respond to these questions. 1) No undesirable change will be produced in the character of the neighborhood or detriment to nearby properties by allowing a this entire fence to be 6 feet as opposed to 4 feet high. However,in the spirit of compromise,I am willing to request that only a portion of the fence be maintained as a 6 foot high fence. In fact,a benefit will be derived to the neighborhood because attractive plantings will be installed,at my expense,where no attractive plantings previously existed. 2) The benefit I seek cannot be achieved by some other method. As set forth above,the other methods proposed by 67 Steps and Mr.Dinizio are not feasible and will not achieve the goals of safeguarding my children or property from intrusions by the criminal element that congregate at the end of Sound Road where my house is located. 3) The amount of relief is not substantial because we are discussing a variance to be applied to a section of fence which is approximately a 75 foot stretch in a fence that is approximately 350 feet long. 4) This question is not applicable to the variance being sought. 5) This difficulty has been self created,as described above. The contractor,Mr.Bohn,who installed the fence was ignorant of the applicable code provisions,did not properly measure the set backs from the corner,and did not properly run the fence along the property line but encroached onto Town property for a small portion of the fence. Mr.Bohn is now aware of his mistakes,he is genuinely remorseful and has assured me that he will make all the necessary corrections to the fence and take the action prescribed by the Zoning Board. Conclusion I request that the Zoning Board of Appeals grnt the height variance requested for the portion of fence indicated in Exhibit 2,SectiongrtFroovvidde that this section of fence is set back 5 feet from the property line. Additionally,I request that the/echlitfence indicated in Exhibit 2,Section gbe allowed to remain at the height it presently is and in the location it presently is as an emergency exit. Although the proposal set forth by my landscaper Mr.Orientate would be quite expensive for me and would not give me the entire length of fence at the height of 6 feet that I would truly like,I am willing to view his proposal as an acceptable compromise. I would have a 6 foot tall section of fence at the most intruded upon stretch of Sound Road,the neighbors would have an attractive evergreen tree installation which will quickly grow to cover the fence from their view. I will maintain my emergency exit gate as is,and reduce the height of the remaining length of fence to the unregulated 4 foot level. Page 3 • • If this variance request is not granted, I will be enormously disappointed. Even if every single neighbor viewed the fence as ugly, I think my concerns regarding the safety of my children and our right to privacy outweigh their feeling that a fence is ugly. The community character they profess to want to maintain harbors criminals, encourages vandalism and disregard for personal property, and endangers all of the residents in the area. I would think they would want to change this community character and could better use their energies in mobilizing Town Hall then having petty squabbles with a neighbor regarding a fence. If this variance as requested is not granted,I will reduce the entire length of fence to the unregulated height of 4 feet to correct the code violation, have the stretch of fence along Section D properly relocated to my property line, and ensure that the corner setbacks within Section E are properly measured from the surveyors monument. Although a four foot fence would not provide me with any true sense of privacy or security, I will abide by the decision of the Zoning Board. In order to provide the visual privacy I require and an inferior deterrent barrier,Mr. Orientate has made landscaping recommendations for the inside of the fence which are interesting to me,though not what I want or think I need to protect my family. The Town remains at liberty to do whatever it thinks is appropriate with the street side of the fence which is their property to landscape and maintain. Submitted by Geri Armine-Klein February 10,2006 Page 4 • � e- S c- e ‘ p `- ` ° of cis ptrfkk- Se �\- ( o — A b6,�F e � Ce� 0co � ti � ob Q.,..0 0\ d_ ,k .e ...,i 0 L \,.\ (.„_„_ „0 / ot vu ,„ i A___,,_.1,_e (irrip .4,2 A . C l: A- St \4 � uk_ tyu AL C LAcC. c tel ( p � Cg Ute\ ( P Q. S G l '� /\ IU *Le, s� re S � -Q - S _ — `*k U.�� cp L� I -Th 0 ( ‘e/\.c.c r) l� � c� GG�� SQ C�� � O� (� Y� \ ' \ l I S \re t , (c-e S Sk c,.1\ ( a tem e J s, ftk r ' x 360- SSf P c, . 0 7-\ Uvo if ( S L of �^P— (je w p I L n o er, Le , el�/^ VVn-µ1-e (y S e Ci� ( 6 -A- � — L[� ? OA- Ir-� fI ` � � pI/ A I c�i� 11- 2- .3— kr'_o-k- ( --- e (N) fl-- e (A.A,‘ , c_ 1,-, L.) . e (� SPc tb — C0 ( a ryAt <S , c_k-_ 3 ---, t)-) J-Q-c-e-- ‘-e ---L,12_ \\ \ik, il Le_,Q.A— Lu 5 L c, --i P N ,09 ( ( `Z c A \0 aL c___L 3 t () e�� k ✓v -- co ✓V` vvt o,nom.,Le —`--1— Geri Armine-Klein 65 Montague Street#3D 160 Sound Drive Brooklyn,New York 11201 Greenport,New York 11944 (718)624-6905 (631)477-6102 (917)974-4492 February 10, 2006 FAX(631)765-9064 /� 053 Zoning Board of Appeals Uc7 Fl Town of Southold Southold Town Hall Southold,New York 11921 RE: Application for a Variance#5793 Dear Sirs and Madams: As a follow-up to my letter of January 26, 2006 regarding the above referenced matter, please accept this letter and application as eitirtntir teRlireNiRiWietienr erns.an application de novo for a variance. I would also like to take this opportunity to clarify the record with regard to the submission made by the 67 Steps Neighborhood Coalition ("67 Steps") and the testimony of several of its members. The issues presented by this organization were novel to me at the time of the hearing and I was shocked by the antipathy and hostility of this group towards me and my family. I greatly appreciated the control the Chairperson of the Zoning Board maintained during the hearing since I felt personally attacked at the time. Upon review of the written materials I felt even more attacked and was insulted by the false and actionable statements made by some of the members of this group. I think it is essential for the Board to understand what actually occurred with regard to our thinking as a family regarding the need for the fence and the concerns we needed to address prior to the installation of the fence. If there is any hope of amicable relations between my family and our neighbors, I hope they will make an effort to understand our point of view. First and foremost, I sincerely apologize that the installation of the fence created a potentially hazardous condition at the intersection of Sound Road and Sound Drive. I am truly sorry that people in the neighborhood suffered undue anxiety and fear of harm to themselves and their children. I was unaware of the problem and only found out about this problem when I received a copy of a letter drafted by Ms. Mary C. Gabriel and Ms. Adrienne Greenberg dated November 10, 2005. I immediately telephoned Mr. Bohn and instructed him to correct the situation and to set back the fence at that intersection to the proper place. Mr. Bohn consulted with people at the Building Department and moved the fence back 30 feet and angled the corner panel at the reduced height of 4 feet. It was not until the day of the hearing,January 26,2006 that I found out that Mr. Bohn incorrectly measured the 30 foot setback for the fence. After the hearing Mr. Bohn assured me he would correct this mistake immediately. Page 1 • • • Secondly, after Mr. Bohn and myself were notified that the fence, as installed, was in violation of the Town Code, Mr. Bohn volunteered to rectify his mistake as quickly as possible by obtaining a variance. I appreciated his willingness to do the right thing by taking full responsibility for filing the petition for a variance and assuming the necessary mailing and notification requirements. In August 2005, both of us were told by the Town Code Officer to leave the fence "as is" until the matter was officially resolved. The allegations that Mr. Bohn somehow mislead me and deliberately put up a fence"knowing"the fence would be in violation and trying to get around existing regulations is just not true. It is insulting to Mr. Bohn for members of 67 Steps to repeat such falsehoods. I certainly understand, and share in, the frustration regarding the slow pace the Town has taken to resolve this matter; however, a leisurely pace is one of the great benefits of country life, which ostensibly the members of 67 Steps want to preserve. Thirdly, the allegation that I would deliberately contravene the local Town Code or circumvent the appropriate regulatory process for obtaining a variance is both insulting and actionable. As noted by a person at the hearing, I am an attorney admitted to practice in New York State. Although I have not practiced law for many years, I serve on many Not-for-Profit boards and will not tolerate my name being dragged in the dirt. Such allegations attack both my professional and personal integrity and they must stop. I will let this insult drop at this time but if any such statements are made in any future papers or hearings pertaining to this or any other permit application, I will pursue legal action against the person making such false and libelous statements. It has been my experience that when one hires a licensed contractor one does not also hire an attorney to make sure the contractor is doing work up to code. I have been hiring local trades people since I started occupying my house and have always been satisfied by the level of expertise and competency of the people I have worked with on the North Fork. I hired a local, licensed fence contractor to do a job. I got Mr. Bohn's name off of the sign attached to the steps and very attractive patio work at the end of Sound Road, which I believe was installed by 67 Steps. As Mr. Bohn testified at the hearing of January 26, 2006, he was not aware of the provision in the Town Code regarding corner lots and that he made a mistake. As I found out at the hearing,Mr.Bohn made several mistakes with regard to the installation of this fence. I have been thoroughly aggravated by these mistakes, but I do not hold it against Mr. Bohn whom I fmd to be both personable and honorable and totally willing to rectify the errors he has made. Finally, I would like to correct a series of insulting and incorrect statements made in the written and spoken testimonials of members of 67 Steps. Mr. Victor Brown incorrectly states that mature trees were removed when the property line was cleared of scrub brush so that the fence would be installed on level ground. Two dead cherry trees were cut down to the stump so that the were no longer at risk of being blown onto the power lines or into the street during a storm. Mr. Carl Krebs is hostile and aggressive towards me and my family in his peculiar assertion that the installation of this fence has anything to do with him personally. He also seems to be attempting to drum up business for himself as an architect at my expense. We did consult with landscapers and landscape architects and rejected the type of alternative solutions submitted by Mr. Krebs in the packet. As to Mr. Robert Benton's assertion that we should have known this area was drug infested when we bought the land I have to say that our due diligence did not reveal this fact. It is probably Page 2 • • /272 vi List of Exhibits to ZBA Application submitted by Geri Armine-Klein Exhibit 1 Letter of 12/10/05 from Applicant to ZBA Exhibit 2 Copy of portion of latest survey (1/31/06) Exhibit 3 Photograph of Sound Road Winter 2004-Section A Exhibit 4 Photograph of Sound Road Winter 2004-Section C Exhibit 5 Photograph of Sound Road Summer 2005- Section A Exhibit 6 Photograph of Sound Road Summer 2005-Section C &F. /l . K CT i O� B • • • because there were no arrests of record in 1999 when we first had our offer to purchase this property accepted. We closed on the purchase of this property in 2000. Due to intervening events, like the destruction of the World Trade Centers in New York City on September 11, 2001, where my domestic partner Cindy worked, we postponed breaking ground and building until August of 2003. The residents of this neighborhood were able to enjoy an additional 3 years of viewing an undeveloped lot filled with scrubby bushes,poison ivy and dead trees. When we started construction Mr. Robert Benton trespassed onto our property to view the construction; we then invited him in to take a better look. He did mention that there was a drug problem in the area. Clearly this problem has worsened over time and is not being adequately addressed by the local authorities. Nevertheless, Mr. Benton's argument that the fence is the cause of the increased drug dealing in the area is most kindly described as convoluted. There is an escalating drug problem in Greenport. There is no causal connection between the existence of any fence and an increase in the crime rate. The members of the 67 Step might better use their prodigious energies to address the inaction of the Town regarding crime in their neighborhood than spend their time persecuting me and my family. Perhaps the Guardian Angels should be invited to patrol the area. To all of the individuals who think they are entitled to an unobstructed view as they walk down to 67 Steps, and to those that just don't like the idea that fences are infiltrating their crime infested neighborhood, I am sorry that they are taking the installation of a fence so personally. They could have organized and bought this property when it was for sale, created a nature conservancy or land trust and kept it forever wild. But they didn't, and the ownership and development of private property is a valued component of the American way of life. Along with this cover letter I am submitting a new application for a variance. In the application I will explain our need for the fence, our need for a variance on the height limitation of 4 feet and the difficulty of realizing any of the alternative proposals discussed at the hearing of January 26, 2006. Thank you again for your continued patience and tolerance regarding this matter. I look forward to a resolution of this problem which will satisfy both myself and my neighbors and meet the standards of the Zoning Board. Yours, Geri Armine-Klein Page 3 9 x Min Jb� N — Li Li ) t ?, iii , c y;>77 .,. (J\\0 (y oMV FOR MAO. ({_���_ SEO1E5-02-022O1. Sonar) — � ,. 353 1611,, / 7N 2354 16µc1 t a1 '` 6'' ;et * DR t♦. Rea 4,4 N lotnr� \yV .� . is ,,, �. tt 6t t 6 tip9014010** ` 5 y1, „we, l.UlcT � .4Town of , SPc a >.xM„ s y P�ld " 'drN lc6^ T ' r � - si9x air 04 40 it t.yRcuxy� Q. SO Pte ' n tlaMO 4 'S x-Raa SpEx yla� � Ste P1 �° 327,,,,, OPIERTIES NOTICE a COUNTY OF SUFFOLK © e x� axa SOUTHOLD SECTION NO WMEx4la,LLTERATmc SIZE OR k'' Red Property Tax Service Agency Y ago OSTIRUIgH a Ixr F TEM a TK �` Canty Center Rh'xheed,N Y 11901 leo a1AGE O 033 slfrax COUNTY la[MV a PR016xiED M Wk, ol. Erica-P 6xrm PEIYSSOV a TIE `,.`"- SCALE w EMI: xcr Pxmvn.ra SPVF[wvc.. s` T >» W p wo ��MD iaaa PROPERTY MM • ( COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 20, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA SEP 2 2 2635 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Manos, Peter& Arlene N 5730 Klein, Geri Armine 5793 & 5853 Curran,James 5795 Neumann, James 5822 Olvasid Realty* 5828 Fischer,Daniel 5833 Aliano,Nicholas** 5846 Hajek,Frank&Rose 5847 Miritello, Stephanie 5849 Chapman, John 5857 343 East 18 LLC (Lowry) 5860 Sweeney, Jim& Susan 5865 Ward,Richard& Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galizia,Henry 5871 Baner, John&Denise 5874 Perillo,Thomas*** 5879 Fitzpatrick,Thomas&Mary 5880 Romanelli Brothers 5882 Perry,Richard&Kim 5886 Pollio, Anne 5889 Ekster, Lawrence&Ann 5891 Deegan, Francis&Nancy 5892 Bissett,James III 5894 Sutton,Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 • h • -2- Latham, Stephen&Joan 5904 Fitzgerald,James 5905 Constantino, Ralph&Carmela 5908 Mascia,Philip 5899 Thermos,Barbara 5910 Gonzales,Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff ***The proposed 15 ft. wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 APPEALS BOARD SERS • 1 ��'' MailingAddress: OF SOpr ' • Ruth D. Oliva, Chairwoman d�y�� h'Q�; Southold Town Hall 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer * of # 1 Southold,NY 11971-0959 James Dinizio, Jr. 1 G Q Office Location: Michael A. Simon : '2� i�44� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman tCell ;/ 54375 Main Road(at Youngs Avenue) -..•-%'' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 September 7, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: , Appl. No. 5793 & 5853 (Klein, G.) Action Requested: Fence Height Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 4 FROM : NRCS'SWCD Riverhead 410 PHONE NO. : 6317273160 4110 Mar. 27 2006 10:49AM P2 COUNTY OF SUFFOLK G. it; �I a� elAth Steve Levy SUFFOLK ODUNI Y ExECUTIVE J.McMahon SOIL AND'WATER DISTRICT MANAGER ODNSERVATION DISTRICT Thomas J. 15 I+AX(631)747-3160 RECEIVED March?A,2006 MAR 2 7 2006 49 ' 3/3 114, Chairwoman Ruth Oliva ZONING BOARD OF APPEALS Board of Appeals Town of Southold P.O.Box 1179 Southold,New York 11971-0959 RE:ZBA rd Ref#5853 Dear Chairwoman Oliva A site investigation regarding the construction of a fence was completed for the Klein property located on Sound Drive in the Town of Southold as requested by your office. At the time of inspection,the majority of the fence installation had been completed along Sound Drive,as indicated on the site plan map. As the property borders a bluff on Long Island Sound,the main concern with a fence is the possible installation of the fence down the bluff face or to the top edge of the bluff,both of which would cause bluff instability at this site. The fence has been Stalled tleast bluff b away chy fence isom the top not edge of the bluff, with minimal vegetation removal. Therefore impact Y expected. However,to ensure continued bluff stability,no vegetation should be removed between the fence and bluff and no additional fence should be Stalled towards the bluff face(Photo 2&3). The greatest concern is the severe gully erosion occurring at the center of the property on the bluff Therefore,the following arc the observations relevant to the gully and bluff erosion. The gully has cut a 10- foot wide by 5-foot deep flannel into the bluff slope and the top ofthe bluff has been cut back at least 10 feet. This washout exposed an irrigation lint at the top of the bluff and created overhanging lips of vegetation along its path. It tore out small trees, shrubs, and herbaceous vegetation and deposited them, as well as significant amount of soil, at the toe of the bluff. This soil is now being actively eroded by tidal action and polluting Long Island Sound(Photo 2-f)r . In addition to the gully, a.small washout area is found on the bluff face to the west of the gully and an even smaller area is found to the east. The western arca appears to be caused by lack of vegetation whereas the eastern area seams to be caused by disposal of sediment and construction material down the bluff face, thereby smothering the plants on the bluff face. With the exception of these areas of erosion and the gully, remainder the bluff is in somewhat stabile condition and ao active toe erosion is apparent(Photo 1&2). FROM : NRCS/SWCD Riverhead PHONE NO. : 6317273160 . Mar. 27 2006 10:49HM P3 Atop the bluff, one row of straw hales edges the mouth of the gully, while a second edges the entire top of the bluff,presumably in an effort to reduce water flow towards the gully. Along the edge of the bluff is a 15-foot wide swath, which slopes towards the bluff that has been fully devegetated with the exception of a few trees. No revegetation other than a sporadic plantings of beach grass has occurred in this area(Photo 3). A flat, grassed lawn area exists between the devegetated area and the house. Onsite obseivations found that the lawn area does not appear to slope towards the bluff. However, a contour map indicates otherwise with the lawn area sloping towards the bluff. The house is not freed with down spouts, gutters, or dry wells and no means to properly dispose of pool water were apparent A drain with a pipe directed towards the bluff was found on the east side of the lawn arca by the large boulders;its exact outlet could not be determined (Photo 3). if no action is taken to stabilize this eroding bluff,the erosion can magnify in intensity and spread to adjacent bluffs, rendering these previously stable bluffs instable. Such unabated erosion can threaten structural stability of houses and stairways, as well as the health of Long Island Sound and the bluff ecosystem. As the surrounding bluffs are cwrendy in stable condition and stairways and houses (also stable) are located on/near the bluff, it is essential to remediate the cause of the gully and repair all of the erosion on the bluff to prevent fiuther damage. Due to the size,shape, and degree of gully erosion,it appears that this gully formed due to a large amount of water concentrating at this point and running down the face of the bluff (possibly the 10 day storm in October). The erosion was magnified by devegetation of the top of the bluff the vegetation no longer is serving as a buffer by absorbing runoff and holding the soils in place. Recommendations: The first step is to identify the source of the water that caused the gully erosion. The contour map indicates a gentle slope pitched towards the bluff and a drainage way where • the gully has been formed. Although the site investig lion was inconclusive in pinpointing the exact origin of the runoff,the yard,house,and the pool are suspected sources. Thus a professional survey of the land area should occur to identify the true direction of slope and thereby identify the land area contributing runoff to the bluff. As already witnessed, water flowing over the top of the bluff is a catalyst for erosion. Therefore once the source of runoff is identified,a vegetated diversion should be installed in place of the straw bales to permanently and effectively prevent water from reaching the top of the bluff. Due to the dose proximity to the bluff,the water retained by the diversion should be allowed to naturally percolate into the ground rather than be directed to a dry well. 'This will reduce the possibility of concentrated hydrostatic flow from seeping from the bluff face. The services of an engineer should be enlisted to design the diversion, as it is critical that it is properly sized and installed. FROM : NRCS/SUCD Riverhead • PHONE NO. : 6317273160 • Mar. 27 2006 10:50RM P4 It is suspected that the lawn arca may have been compacted during construction due to the weight of machinery and equipment constantly mining over the soil. If the lawn is sloped towards the bluff, as indicated on the contour map, then the compacted lawn would serve as a conduit transporting runoff to the bluff: Hence, in addition to installation of the diversion, efforts should be undertaken to reduce the amount of water flowing over the lawn. The house should be fitted with gutters and down spouts that funnel roof runoff into dry wells. likewise the pool should be fitted with dry wells to facilitate draining the pool. Due to the volume of water held in the pool, in no Stance should the pool water be discharged directly onto the ground or piped towards the bluff. These measures can be installed by the homeowner or a landscaper without the use of an engineer and will effectively reduce the amount of runoff and the potential for gully erosion. It iis important to recognize that even with the best vegetative cover on the bluff face, the bluff stability will be compromised by erosion if the toe and top of the bluff is not stabile. The diversion will reduce the erosive forces threatening bluff stability from above,however, the erosion occurring at the toe of the bluff also needs to be addressed. Tidal forces arc eroding the soil deposited from the outwash, so the toe of the bluff will need to be graded to an elevation equal to the beach and then monitored for stability(Photo 5&e. The next phase is to stabilize the existing gully and prevent additional bluff erosion. 'No options are possible. The first,which maybe cost prohibitive,is to backfill the gully with a loamy sandy soil and revegetate the area. This will involve the use of heavy equipment and will require many cubic yards of soil. The soil should not be directly placed by means of a dump truck, but deposited via a crane or backhoe. If such machinery is used, it should remain at least 10 feet from the edge of the bidE Once this is completed then revegetation of this site(as recommended below) should be completed as soon as possible. The alternate method of repair for the gully (instead of feting) and the two washout areas on the bluff would be to cut back any overhanging lips of vegetation and vertical faces to a natural angle of repose. This action may encroach into the yard area and cut into the bluff itself. Next any large trees on the bluff should be cut to grade leaving the roots intact. The cutting of trees prevents them from toppling due to wind forces, while allowing the remaining roots to hold the soil, thereby preventing erosion. The cut trees should be removed from the bluff face while ensuring that minimal damage to the bluff occurs (i.e. trees should not be dragged down the bluff face). Additionally, previously deposited landscaping material and dead vegetation should be removed from the entire bluff fate. It is important to remove this debris, as it can smother vegetation, which is essential for holding the bluff in place. The debris should be removed from the site and not be deposited at the base of the bluff. Once these actions are completed then the rewegetation of the bluff should occur. 'Cape' American bah grass should be established not only on the bluff face, but on the top of the bluff previously devegetated and also at the toe of the bluff; This grass serves as an effective sediment trap and erosion control measure due to plant density and its substantial root systems.'Cape'American beach grass is a hardy native perennial,that thrives in Long Island's harsh conditions: doughty sandy soils,&salt exposure. It is these characteristics ' FROM : NRC5i5WCD Riverhead • PHONE NO. : 631(2(3160 • Mar. 27 2006 10:51RM PS If you have any questions regarding our site visit and information provided, please do not hesitate to contact our office at(631) 727-2315 x3 between the hours of 7:30 a.m.and 3:30 p.m.Monday through Friday. ,ar( �/ ,- , SOsf a .4 . 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Cun l orL ToS f SAIL/1E +t 5 3 o°-F-12t0-f ce bAek `i 4t -tmcksapd hen ► 44 w [IS A &t&AM i i i 11€s S 'oat ayttstr LL14rL rto 'mH. tTh 11-12Q � A i �n)I� S ET_bae< 0-1 a c-ct, 1,5 T o t r_ � win,tJ - R3^w uiud _ _ a• • - u. '-/-(4)--q91117-60)-114 / �,_ A 14__ &1�_Co a 62 sawykd . r c� yvn,LE w' .Q— 10..Rne_51249_1-12f20e r \[ T8 ' ' r , .044, 7' 4: ' . C. jit— -CI^yt4N ce -Crechi tAD t O4cI _ 71vvv,.1C-4,0 6e9-AAcA (Ana ----- —/k S / c "t r Hutt 1y c litre-l-;1 _kfda,;a `lam t? v, 1 YI:C1-06 . A, i\-3 477- ) 0g3 Mar 31 06 05: 56p cthia armine 716.4 6905 p. 2 • Geri Amine-Klein 65 Montague Street 3D 160 Sound Drive Brooklyn,New York 11201 ' Greenport,New York 11944 (718)624-6905 (917)974-4492 March 29,2006 Ms.Polly Wiegard County of Suffolk Soil and Water Conservation District FAX 631-727-3160 Dear Ms. Wiegard: I am in receipt of a copy of the letter dated March 27,2006,sent by you to Ms. Ruth Oliva of the Southold ZBA pertaining to my application fur a fence height variance. I have requested permission to maintain a portion of fence at the height of six feet. The six foot high section of fence will be less than 1/3 of the entire fence which runs the length of my property along Sound Road in Greenport, New York. The North section of Sound Road is the parking area for the Town Beach. It is also the location of a drug dealing super market. There are almost always drug dealers parked at this Town parking lot with a steady stream of customers driving up and down the road. For the safety of my children I have requested a 6 foot high portion of fence along this stretch of road as a visual barrier onto my property. I have also requested that the emergency egress gate which I constructed near my garage be allowed to remain where it is currently located. In my variance application I have offered to set back the 6 foot high portion of fence 5 feet onto my property. The five foot setback onto my property would not require the removal of any additional vegetation. Additional evergreen plantings would be installed on the street side of the fence as an aesthetic buffer to the fence. As you observed, our bluff has been impacted by serious erosion which was caused by the ten consecutive days of rain last October 2005. I have been taking constant and aggressive action to obtain the permits necessary to rectify this situation. I have been issued an emergency permit by the Southold Trustees and I was denied an emergency permit by the NYSDEC. My NYCDEC permit application is currently under review and a permit will hopefully be issued soon so that the bluff remediation and planting can be accomplished within the Spring planting season. As you state in your letter,the fence construction has not impinged on the bluff or caused or exacerbated the erosion of the bluff. In October 2005 I was in consultation with Mr. Thomas McMann of your office as well as Mr. Allan Connell of the USDA Natural Resources Conservation Services. On October 27, 2005 1 received an inspection report from Mr. Connell and immediately implemented the suggestions outlined in the publication of the USDA concerning "Stabilization of Eroding Bluffs" and "Straw Ball Sediment Barriers"which did not require a State or local permit. As you observed, I did plant sea grass and rosa ragusa along the bluff edge and created a storm water barricade with hay bales. a �,fs Mar 31 06 05: 56p cthia armine 71,24 6905 p. 3 • • As you wrote, the best action would be structural remediation to "rebuild" the bluff and then extensive planting to stabilized the reconstructed bluff I have several contractors working on estimates for how much that will cost. The less expensive,though less beneficial solution, is to cut back the bluff and plant on the new bluff face. The final, and least desirable option to me, is to do nothing and allow Mother Nature to take her course. I have hired Mr. Bruce Anderson of Suffolk Environmental Consulting to handle this complex application. Please feel free to call him if you have any additional questions. He can be reached at (631)537-5160. Sincerely, A i Geri Armine-Klein Cc. Ms.Ruth Oliva,Board of Appeals Mr.Mark Carrara,Deputy Permit Administrator,NYSDEC Mr. Bruce Anderson,Suffolk Environmental Consulting,Inc. Mr.Gerard Orientale,Sound Side Landscape,Inc. 3i3— Mar 31 06 05: 57p c armine 71 824 6905 p. 4 Geri Armine-Klein 65 Montague Street 3D 160 Sound Drive Brooklyn,New York 11201 Greenport,New York 11944 (718)624-6905 (917)974-4492 March 31,2006 Ms. Polly Wiegard County of Suffolk Soil and Water Conservation District FAX 631-727-3160 Dear Ms.Wiegard: This letter is a further response to your letter of March 27, 2006 to Ms. Ruth Oliva of the Southold ZBA and supplements my response of March 29, 2006. There are several inaccurate statements in your letter which I would like to clarify for the record. I would also like to clarify the extensive amount of work that we have already done and the huge expense we have already incurred in an attempt to mitigate the environmental impact of the bluff collapse. To the best of our ability we have taken the best course of action available prior to the receipt of the NYSDEC permit. I do not think I received your letter in its entirety by fax from the ZBA and the photographs that were faxed were totally illegible. t would appreciate it if you would put a complete and legible copy in the mail to my Brooklyn address,for my files. You state in your letter that we need a survey. We have actually had several,very costly, surveys done. As part of our application for the fence variance we needed to have our survey redone,which cost us$500. As part of the NYSDEC application for a permit we needed to have the survey redone again to indicate the actual topography of the bluff and the gullies. The prior survey had the bluff line drawn based upon"assumed"datum from the existing wetlands maps, which was not sufficient information for the NYSDEC application. The surveyor needed to make another site visit and apply the 1929 NGVD datum. This visit cost us$1,500. This survey is available for your review in our file at the Zoning Board. Your statement that"The house is not fitted with down spouts,gutters,or dry wells,"is not true. The house has down spouts and gutters which direct all of the roof runoff into drywells. I was unable to tell from the faxes of your photographs from what vantage point you did your inspection. Since I did not give permission for you or your agency to enter my property you probably were not able to make a completely accurate curbside assessment. Your statement"no means to properly dispose of pool water was apparent" is also inaccurate. The pool drain is located down the back staircase to my basement and goes into our septic field. You would not have known to look where it is located unless you had asked and you would not have seen it from a curbside inspection of the property. Your statement"Along the top of the bluff is a 15 foot wide swath,which slopes towards the bluff that has been fully devegetated with the exception of a few trees" also needs clarification. Prior to the October 2005 storm the bluff ledge had been prepared and the soil amended for the installation of extensive plantings all along the bluff edge in accordance with our landscape Mar 31 06 05: 57p cy hia ermine 718.4 8905 p. 5 designer's plan. Unfortunately,this storm occurred the week the installation was scheduled to commence. Clearly,as a result of this disaster,the landscaping plans were set to the side and the more urgent planting issues were immediately addressed. Your statement "a drain with a pipe directed towards the bluff was found on the east side of the lawn"is incorrect. There are no drains or pipes directing any water flow towards the bluff. What you probably saw was the disconnected irrigation line which had been intended for the irrigation of the bluff plantings.This line was disconnected after the October storm since the intended landscape installation was put on hold until after the resolution of the bluff disaster. Your statement that"no revegetation other than sporadic plantings of beach grass"is also inaccurate. After the storm we decided the bluff would need to be remediated before we could install the plantings in accordance with our landscaping plan. As you state in your letter,the bluff remediation will require heavy equipment to be driven over the lawn and close to the bluff's edge. Any landscape installation would have been wined and a waste of money to install if done prior to the bluff remediation. We consulted with Cornell Cooperative Extension,the USDA,and Suffolk SCWS immediately and upon their collective recommendations and guidance installed beach grass and rose raguso from the bluff edge back. I would not describe the installation of a$3,000 worth of plants as"sporadic." We took immediate and comprehensive action in accordance with the guidance we received in an attempt to protect the bluff from further erosion during the impending winter storms. As you state in your letter the options for remediation are costly. We have already spent in excess of$7,000 on the most superficial solutions to this problem and do not yet have estimates for how much the bluff remediation will ultimately cost. If you are aware of any grants or State funds that assist homeowners with the costs of erosion control I would greatly appreciate names and numbers of agencies which I could contact. I do not know if you have"involved agency"status for the NYSDEC application,but if you could assist them in formulating a plan which would meet all of the regulatory concerns of all the agencies,that would also be very helpful. I am very concerned that the review proceed as expeditiously as possible. It would be a shame if the Spring planting season was missed and we went into the Summer without a resolution of this problem. Please feel free to telephone me or Mr. Bruce Anderson if you would like to discuss this matter further. Sincerely, - _ _ Y- _ 1 4.0,1014 Ala Geri Amine-Klein Cc. Ms. Ruth Oliva,Board of Appeals Mr.Mark Carrara,Deputy Permit Administrator,NYSDEC Mr. Bruce Anderson,Suffolk Environmental Consulting,Inc. Mr.Gerard Orientale,Sound Side Landscape,Inc. • • , pOr 6C6 °) 8oKrebs and1' 3\YS ? '? Greennort,NY 11944 29 March 2006 Zoning Board of Appeals Southold Town 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Re:Klein New Appeal#5853 Dear Members of the Board: Since I only became aware of this hearing last Thursday,I regret that I am unable to attend today's variance request hearing for the fence located at 160 Sound Avenue,Greenport. The recent relocation of the southern portion of this fence,which was located on town property,is a positive initial step. However,die portion of the fence which largely runs from the owner's driveway to the bluff remains at the original six foot height I understand from the variance request that the owner has requested approval to maintain this high fence with a setback of only five feet from the property line for a 120 foot portion. It also does not appear that the owner is proposing any setback at all for a 60 foot portion of the fence where her driveway enters Sound Road. As the closest adjacent property owner,I am reiterating my strong objections to a six foot fence located on the property line on a residential sheet.The key reasons I do not support the variance we: 1. The entire street consists of landscape yards and lawns.This barren,high wall is out of character with the community,and is significant and undesirable feature. 2. The option of a landscape barrier,though not the preference of the owner,represents an option for privacy and security that can be accomplished without a variance. 3. The length of the six foot fence,approximately 150 to 180 feet,is substantial and exceeds the street frontage of virtually every home lot on Sound Road. 4. In less than seven months,the fence has attracted multiple graffiti attacks and trash,and we have every expectation that this will continue as an environmental blight I do not feel it necessary to address on a point by point basis the various explanations Ms.Klein makes regarding why her fence should be made an exception. I am asking the Zoning Board to approach this request with their customary care and attention,and make a decision that respects the character of the neighborhood,and is consistent with the precedents they have established in similar cases. I am disappointed that correspondence and advocacy on behalf of this variance has played out on an emotional leveL My observance of the Zoning Board's past deliberations gives me confidence that you will approach this decision on its objective merits. Sincerely, Carl Krebs cc:Linda Kowalski—Town of Southold To: Our Representatives at Southold Town Hall • Date: March 29,2006 Re: Armine-Klein Fence Appeal#5853 In my letter of January 25,2006 to the Southold Zoning Board of Appeals,I raised several issues in objection to the fence at 160 Sound Road regarding the permit process and how this fence was allowed to be erected in the first place(see attached). In this current letter of March 29,2006,even though several aspects of the fence have been addressed,I continue to strongly object to the height of the fence along the beach area at 67 Steps. I do not armee to any variance at this sight,and that either the owner must move the 6 foot fence back the required 25 feet as others(Including myself)have had to do to comply with the code of the town,or reduce the height of the fence to the four foot height,or seek another alternative. Sincerely, g X. Bill Speleotes- 115 Sound Drive(Adjacent Property Owner) To: Our represe•ves at Southold TownQ� Hall • From: The Speleotes Family .J( . Date: January 25,2006 (/ Help! Do not imperil our children who play in the street or our neighbors and visitor who take leisurely strolls to the beach to view the water and sunsets,by approving a blind spot to drivers.Although winter is upon us and traffic is slow; anyone familiar with the area knows that the summer bring visitors and neighbors who either walk or drive,and children who skate or ride their bikes to the beach. The potential for someone getting injured exists and cannot be ignored. Was a traffic study conducted so that the town can be indemnified,protecting the town's coffers and taxpayers,when a vehicular accident results in injury?Should we be naive to the fact that we live in a litigious society,and when(God forbid)an injury or possibly death occurs at that corner that the driver along with the owner's of the fence and the town that approved the variance for its existence won't be involved in the law suit? Should we ignore the fact that taxpayers will ultimately pay the price? All our neighbors have discussed this installation for quite some time. Some are area contractors or construction trades people as well.No one in the neighborhood understands how the legal process was allowed to be ignored. Although we could be wrong,we understand that: 1.) A permit was never applied for,paid for nor issued by the town. 2.) That this variance process is taking place after the questionable installation. Is this how that process is normally conducted? 3.) We understand that the installation violates the town's own established codes. 4.) We were told that the town did not issue any violations for such a breech. Several disturbing precedents appear to be fighting for legitimacy. 1.) Residents do not need permits. 2.) Enforcement does not exist. 3.) Safety is not a concern. As a final note,we live in a democracy and once a variance is granted for a tall stockade perimeter fence whether whole or partial,how will the town be able to deny anyone from doing the same in the future?Once the precedent is established a stockaded, fenced-in, impersonal town could become a reality. Take the Hamptons for example were pedestrians feel unwelcomed by the imposing hedges that send a clear signal that visitors do not belong here. The North Fork has a warm charm and friendly spirit inviting visitors and neighbors alike. Our eyes should be granted to view its beauty unobstructed while visitors,neighbors,and children alike should be safe from vehicular blind spots. • Robert Becton • 66 Sound Road Greenport,NY 11944 29 March 2006 Zoning Board of Appeals Southold Town 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Re:Armin-Klein Fence Appeal#5853 Dear Mambas of the Board: This letter confirms my sarong objections to the variance requested for the fence at the Sound Road frontage of the property located at 160 Sound Road. Ms.Amine-Klein has been presented via the Zoning Board many similar conditions at public beaches throughout Southold Town that incorporate code compliant fences and plantings. Than are no substantiated conditions at 67 Steps that waemt special treatment and excepdons that cannot be resolved through regular interaction with the Police and Sanitation Departments. Over fifty neighborhood residents signed a petition objecting to this fate,and even with the most recent modifications,their objections coniine to grow. The number of signatures indicates the depth of dissatisfaction in the neighborhood with the fence's intrusive character. It was clearly pointed out to Ms.Atmine•Klein at the January hearing why and where the fence was in violation of the town code,and what could be done to bring the fence into compliance. Why we are again subject to another round of hearings and requests foe variances is amsperatbg. As stated in the last hearing,the owner has mmwrous other options to address her alleged privacy issues, conform to the code,and be responsive to the concerns of the community, Sime a r6 s& Robert Becton cc Linda Kowalski—Town of Southold . 53085 Rcixt41 Po. BOK t 171, J, n hOA , r iaE i ni' Je z MS Gi-tun . u SA 5XS3 -- X1kre Jukrtn.wecL MS, Paz' ws Med, [ fx.,cp Ya►! eice PI itoti-1 , Aid 4-�► 3 p. 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Gy. . a 144:e;! ` q I IA-Vous- s a-. i _ bCto2 g+' amara • • Geri Armine-Klein 65 Montague Street 3D Brooklyn,New York 11201 (718)624-6905 (917)974-4492 4�, December 1, 2005 Ms. Linda Kowalski rt December Zoning Board of Appeals Southold Town Hall Southold,New York 11921 RE: Application for Variance Applicant: Geri Armine-Klein, Owner Site Location: 160 Sound Drive Greenport,New York 11944 Dear Ms.Kowalski: I am the owner of the property and house located at 160 Sound Drive, Greenport,New York 11944. The property is a corner parcel flanked by Sound Drive, Sound Road and the Long Island Sound. To the East of our property is the Town Beach known as"67 Steps". We started to occupy the house last December,2004. For the next 6 months I observed the traffic flow and activity along Sound Road and the parking area for 67 Steps. From early in the morning until the evening there is a steady flow of traffic on this road which goes past my house. This beach is heavily used by the people of this community. Many walk to the beach and many drive and park alongside the road flanking my house.Many people drive down to the end of the road to sit in their car and have a cup of coffee or watch the sunset. Many cars and trucks drive to the end and reverse themselves immediately,apparently they made a wrong turn. Since we have occupied the house I have cleared at least 5 huge bags of trash a week from the shrubs separating my property from Sound Road. This length of road alongside my property extends for 400 feet. I found drug paraphernalia, a liquor stores worth of bottles and beer bottles, and used birth control devises. In the parking area people would empty their car ashtrays,dump garbage and break liquor and beer bottles.Needless to say,this was disgusting and upsetting. Since the town was not cleaning up this parking area,I undertook to do it myself. Although I was concerned about the traffic and the litter problems I did not intend to install a fence until I observed the drug dealing activity in the parking area of 67 Steps. I then became concerned with the safety of my children and my property since criminals were hanging out next to my house. I would observe a car parked the"wrong"way,meaning not looking at the water view but with the tail end of their car to the waterside. Then there would be a series of cars that would drive up alongside the car,have an interaction, shake hands,then the"visitor"would leave. On several occasions 1 called the Southold Police to report that drug dealing was going on next to my house. By the time the police would respond the drug dealer would be gone. This happened on many occasions. • • k"r gc- I would have preferred not to install a fence. I was very concerned about the aesthetic of enclosing my property and there are many other things I would have preferred to spend the money on then a fence. I remain distressed about the drug problem in Greenport and the drug dealing occurring at 67 Steps.I think this should be a high priority concern for the residents and politicians of Greenport.Until a comprehensive solution is crafted,all I can do is try to protect myself,my family and my property to the best I am able. I determined a tall fence was essential in order to provide a minimum of protection. On or about July 2005, I entered into a contract with Robert Bohn Contractor's to install a fence along the Sound Road side of my property and to enclose the corner around Sound Drive. I viewed this fence as necessary for the safety and protection of my family. I also decided to install a very attractive fence,and not just a stockade fence, since I would be looking at it as I approached my house. This choice was a very costly decision but it seemed to be worth it since the appearance of the fence is very important to me. Mr.Bohn and I discussed many fence options and decided upon a 6 foot high Oklahoma style fence.Because of the criminal element in the neighborhood I did not want someone driving or walking by my house and property to be able to look into my house or onto my property. I wanted to diminish the opportunity for someone to view my children or belongings and think criminal thoughts. After the fence was installed the Town Code Officer notified me and Mr.Bohn that we were in violation of the Town Code because a corner lot is considered to be two front yards,and that a 6 foot fence was not permitted,only a 4 foot fence. Mr.Bohn said he would obtain a variance for me to allow the 6 foot fence which I paid for,to remain as installed. If I had thought I could only install a 4 foot fence I would not have wasted my money. A four foot fence is useless for the protection of my privacy and the safety of my family and property. Clearly,any person taller than 4 feet, which is most anyone over 8 years old, or sifting in a car driving along Sound Road would be able to see over a 4 foot fence. I would also like to record that as soon as the fence was installed someone sprayed"graffiti"onto a panel of the fence,thereby defacing at least$2000 worth of property.One Code Officer described this as"spiteful" which I think is white-washing an action that is actually criminal. Also, since the fence has been installed people are still tossing rubbish, beer and liquor bottles over the fence,apparently for their amusement. Outside the fence I am still picking up crack vials,pipes,empty liquor and beer bottles and throwing them in the trash. People walk their dogs and do not clean up after them,which is not only nasty but is also a health hazard. I have lived in Brooklyn,New York for 30 years. It is distressing to report that I I have witnessed more criminal activity and total disregard for personal property in the one year I've lived in Greenport than in my entire time in Brooklyn. As to the corner of the lot which is at the intersection of Sound Road and Sound Drive, I also wanted a 6 foot tall fence so those driving up Sound Road to the beach would not be able to see into my property,for all the same reasons listed above. I now understand that this might cause a traffic visibility problem for people rounding the corner of Sound Drive. I certainly did not intend to create any sort of hazardous condition. However,I still want a fence that obstructs visibility onto my property,while not obstructing visibility for driven rounding the corner. As per my telephone conversation with Mr.Mike Verrity, I could have enclosed the entire t % l - 2_ • • 14 3 corner of my property with a 30 inch high fence that would extend 30 feet in each direction from the intersection. The fence could then increase in height to the permitted level for the rest of the length of fence. I decided this did not make sense for several reasons. First, it would not serve the purpose of protection since anyone can easily step over a 30 inch high foot fence. Second, it would not serve the purpose of providing privacy, since anyone can look over a 30 inch high fence. Third, it would be extremely unattractive to have three different heights of fence surrounding one piece of property. The only function it would have served would be a deterrence to the people who walk their dogs on this corner of my property and do not pick up after them. The dog walkers would then be forced to curb their dogs instead of allowing them to defecate and urinate on private property. Instead of enclosing my entire parcel,I decided to install a four foot high section of fence along the hypotenuse of the triangle formed by the two 30 foot setbacks from the corner of the intersection. I understand the regulatory objective of the town that there be a clear view from both sides of the intersection for vehicular and pedestrian traffic. That objective is obtained by the set back requirement of 30 feet. The height of the fence along that angled section does nothing to impede visibility of people at the intersection. However, a six foot fence at that angle would restrict visibility onto my property as people drive or walk North on Sound Road towards the town beach. Nothing in the towns interest is undermined by allowing this section of fence to be 6 feet tall. Whereas,my interest in protecting my family from opportunistic criminals who might look at my house and property while walking or driving up Sound Road is not served by a 4 foot fence. A 6 foot high fence on this angle would better protect my family and property. As to the section of my property which is outside the perimeter of the fence I would like the Town's assistance in posting signs. The Town should post signs that: 1. This is private property; 2. No trespassing is allowed; 3. No parking is allowed on my lawn; 4. Dogs should be curbed and cleaned up after by their owner or dog walker; 5. No dumping is allowed. Individuals should not be under the mistaken impression that this corner of the property does not still belong to me just because I have not fully enclosed the corner. The Town Code does not have a specific"Poop Scoop"provision,though Chapter 38,pertaining to dogs, states that the dog may not"cause damage or destruction"to other people's property. I view allowing a dog to defecate and urinate upon my property causes it's damage and destruction. I would like a sign posted for people to curb their dog or they would be in violation of this section of the Town Code. As requested by the Zoning Board of Appeals,I am also incurring the expense to resurvey the lot and indicate the fence as described on the survey. The new survey will be submitted by December 14, 2005. I understand the hearing date is January 19,2006. I would appreciate being notified of the time that the hearing is scheduled. I request that the variance applied for be granted in full. I request that the frontage along Sound Road be viewed as a side yard which would allow for a 6 foot fence. I request that the angled portion of fence bisecting the corner of Sound Road and Sound Drive be viewed as a x; 1 -3 • S 65 continuation of the 6 foot high portion of the fence so that the 4 foot high section of fence may be replaced by a six foot high section of fence. I request that the Town put up the appropriate signs at the intersection of Sound Road and Sound Drive to protect my property from trespass and damage. Thank you in advance for your fair and prompt consideration of this application.7CSi erely, eri Armine-Klein Cc.Robert Bohn Contracting Ms. Mary C. Gabriel and Ms.Adrianne Greenberg )C (-4( S Geri Armine-Klein 65 Montague Street#3D 160 Sound Drive 1 Brooklyn,New York 11201 GreenportNew York 11944 (718) 624-6905 (631)477-6102 (917)974-4492 February 13,2006 Mr. Robert Bohn Bohn Contracting P.O.Box 55 Peconic,New York 11958 RE: Application for Variance#5853 Dear Rob: After the Zoning Board hearing of January 26,2006 I withdrew the application which you had filed in order to submit a new application. Enclosed herewith is a copy of the new application for a variance for the fence you installed for me at 160 Sound Drive,Greenport,New York. As I state in the new variance application,I only became aware of your other mistakes with this fence installation(beyond the problem with the height) at the hearing of January 26,2006. You must correct these mistakes immediately. Furthermore,the quality of the fence that was installed is substandard. Many slats are.dropping,there are gaps in-between boards and the finish on the wood is already wearing badly in only seven months time. I expect these problems to be resolved as well. The new hearing date for this new application will probably be scheduled to be held within the next two months. Exhibit 2 in the variance application packet clearly sets out what relief I am asking for and what ultimately should be done with the fence. Although we do not know the ZBA's ultimate decisions,prior to the hearing,and as soon as the weather permits,you must make the following corrections to the length of fence from Point C through to Point F. I. The section of fence from Point A to Point C should remain as it is until after the Zoning Board hearing; except,the panel covered in graffiti should be replaced with a new 6 foot high section of fence. 2. You are to hire a surveyor who will mark the proper 30 foot set back from the corner monument at the intersection of Sound Road and Sound Drive(Point E and Point F). 3. The surveyor will also mark the property line along the southern section of Sound Road where the existing fence is encroaching on Town property(Point D to Point E). 4. From the fence panel south of the rolling emergency exit gate and just past the boulder,please start cutting down the fence in 6 inch increments over the next three panels. Panel 1 should be 5'6",Panel 2 should be 5",Panel 3 should be 446"(Point C to Point D). 5. The remaining length of fence should be cut down to 4 feet high,set back properly from the corner intersection of Sound Road and Sound Drive,and moved so that it runs along my property line and not on Town property. The fence should turn at Poini F towards the driveway,continue along the property line and terminate with an end post near to the driveway,but not right on top of it so there is room for a car to make a safe turn. (Point D to Point F). Please call me immediately if you do not understand any of these instructions. Please call me and tell me when you expect to complete these corrections. Yo - Geri Armine-Klein Enclosure: Variance Application#5853 • Description of Exhibit 2-Marked Portion of Survey of 160 Sound Drive Entire Length of Sound Road Property Line is Approximately 375 feet. Section A-Point A represents the Northernmost point on the Sound Road property line. From Point A to Point B is approximately 120 feet. The proposal is that a six foot high section of fence will run from Point A to Point B. The fence will be set back 5 feet from the property line. Sea green Junipers will be planted within the five foot buffer zone for the length of 120 feet from Point A to Point B at the applicant's expense and on the applicant's property. Section B-Point B represents the stabilizing fence section for the rolling gate which is installed from Point B to Point C. This section of fence and rolling emergency exit gate is approximately 30 feet long. The proposal is that the six foot high portion of fence in Section A would turn back out towards the property line at a right angle at Point B. The rolling emergency exit gate will remain where it is currently located. The entire six foot high portion of the fence,from Point A to Point C is approximately 150 feet long,much less than half of the entire length of the Sound Road property line(approximately 375 feet).. Section C-Point C represents the southern stabilizing fence section for the rolling emergency exit gate. Point D is approximately 30 feet from point C. The fence height will be reduced gradually from the height of 6 feet at Point C to the height of 4 feet at Point D. Section D-From Point D to Point E is the"as of right"4 foot high section of fence. The six foot high fence will be replaced with a four foot high fence for this entire stretch along the property line for approximately 135 feet. The new 4 foot high fence will be located along the property line and will not encroach into the town's property. Section E-Point E represents the end point of the fence section and it is located 30 feet in from the corner monument in a Northwesterly direction. Point F represents the endpoint of the fence and is located 30 feet in from the corner monument in a Westerly direction. Between points E and F is a four foot high section of fence which then turns at an obtuse angle at Point F to an end post near the driveway. From Point D to Point F is approximately 165 feet of four foot high fence. 2 1 33 ,�c;► G!.te.i Ormine. /Coo Sound Sound �Y. , Cs ara 5793 6I-1- roc - t/OLA.. lz-191 e - w1711tA ) s$s3 FY .e<f_373o..0 - 4/13k6 4/7E1 49E.1- r • 1:. -' . -.- • N +, I., a' 3 h • j �'L yet V w i •F t.t ':e. • 4. _ EXHIBIT 3- SOUND ROAD FROM POINT A TO POINT B, WINTER 2004 Oto *_,_4 , ; ,} ' , , .',„�- ��' '1 1'r /I f Vit , ' • 1. ', 440 Jo% , „.. I, , Y -T i _ t ir, f! ice'- Mt- ti514. EXHIBIT 4-SOUND ROAD FROM POINT C TO POINT E, WINTER 2004 • ..;".t,...ii.,..c,1,4:- ..---..7'4.0 "k„:-,...;..i.iii.. ..,;.,.7,-;1,.,1,... ..::...:'_:'....,•;.-_:.:f.' ',=.-,1--,' • • • IjayT . t.,-,-- ..-:.,..: . a 5.,� i'iul £ } L 'L'1 ,,e:.-' S 6,;.t r�tJ� q ,Vl 't C 3�p �y�F .... �.. �• V ,...r.. t yy X z V . - .. .' ' Thr I j� #fit d ' SP f • _# 4,1 "DSIII r.t r� w EXHIBIT 5- SOUND ROAD FROM POINT A TO POINT B, SUMMER 2005 . .• . •• • '''. 1 r - . - 4 I Jr . d I : •....;t ;r ... . • a..., . . • ,o, • ,e,. ; -;i . _ 111111: . r i • -- ., '41:„.•7..4. - . l ' '-40 .V , VFW opt , . 4 E-4,1r- .,,„ . ....„. • . . ._.,.......„,,, II , _....,. . . _ . ,...... . 1 , ' •;,.4'i..•,7.. ..4, _ --•-__ 1"4- ,::- a,c-s--• . .. . - — . .• . ,,,d,i,,,,,;;;;,•,,,vi----.•-___* •• .* . . ... ..•• -7..------- 10 •_.-- - :11W--•_ y 4. .- % -t:'.. '. . `.. ' ` • . -;... ..... - "A ‘ 0 .. r... .--- ...i; N .., , •_ , •u.,,,,, -:,- i P" .-, •,:' ' ..- 1 -"' -'' .4i/.9..:••• I: '' 0 : ''..--... - . -‘' !.1,....' . ; `. ....- " '.. ' .Z.,. . • . .,, ... _ , . ..-. • . . , . . ' . . . , EXHBIT 6-SOUND ROAD FROM POINT C TO POINT E, SUMMER 2005 1 . %.:-:7...,,--, . , .. - • . ' ' • 4 0 ----.7._ . .. - I..-{ d '. v k d'kZ • om.ii;,,:;.•,.4.4 rb -'� `4i. •••••- .9 • rF?�• yT : H'.� ,j, h. �eit4i> ,�.'L .1�,,�,'� [1pY` 4 r .r'' 14.,'14,4' . 7T5 • r£'• , �4 y, i_..'d7k- Ylj'.�4-it4%.d*y i'A� _-4 - ate, ... L rs + f, . .. y 1.,... 4-1.". ass.. - 4 { .1,41i M M _, . + 'p EXHIBIT 7- SOUND ROAD FROM POINT B TO POINT C, SUMMER 2005 ROLLING EMERGENCY EXIT GATE AND STONE PAVED APRON Page 4 —Minutes • Meeting held February 2,2006 • SoutholdTown Board of Appeals 3:05 P.M. OVLASID REALTY LLC #5828, Requests for Variances under Section 100-32 (Bulk Area Schedule), based on the Building Inspector's December 9, 2005 Notice of Disapproval concerning the applicant's Lots 3 and 4, proposed with a land area of less than the code required 80,000 square feet in an Agricultural-Conservation (AC) Zone District. Location of Property: 1275 Cedar Beach Road, Southold; CTM 89-3-1.1. 3:10 P.M. NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100- 239.4A(1), based on the Building Inspector's January 5, 2006 Notice of Disapproval, concerning a building permit(#31581-Z)issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. BE IT FURTHER RESOLVED,to authorize advertising of the following application for March 30, 2006: 10:30 A.M. PETER S. DOODY#5847. Request for a Variance under Section 100-33, based on the Building Inspector's October 26, 2005, Notice of Disapproval, amended January 10, 2006, concerning a request to building an accessory swimming pool in a yard other than the code required rear yard, at 260 Orchard Street, Orient; CTM 1000-25-3.4.1. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman. This Resolution was duly adopted(4-0). Absent was Member Goehringer. RESOLUTIONS/OTHER ACTION, Continued B. Resolution to accept Geri Armine Klein's request to withdraw Appeal No. 5793 (fence variances at Sound Road, Greenport), pending submission of alternative plans with a new application. C. Brief reviews of pending files and general discussions by Board Members followed. i • • There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:10 p.m. Respectfully submitted, Li d04 / a Kowalski 3-1 1-0 is Included by Reference:Filed ZBA Decisions(12) Jf Ruth D.�, hairwoman Approved for Filing ,OI,CM(F BL,,. *3/41 Fs' dyGeeme,><.14 1A;ni.°1 ° a \ at- 06 PAZ / ar, Kt k1+0` ao' GLU7`, a4-) \ ortecer�za/ % `\t LINE OF 'LANDWARD LIMIT - _ _ OF NATURAL PROTECTIVE `� \\W FEATURE AREA' AS \ 7d DESIGNATED BY COASTAL ` EROSION LINE MAP DATED \ P K FORMER WATER B-29-88 SHEET 14 OF 49 Nuc '01 \\7 EASEMENT VERIFY WITH PHOTO k 51-606-83 ME \ o S.C.W.A. IF ABANDONED \;8� Y Cy w6rb \ y9 \ \ i#Valawr . \ tett b � \P r`\ `0 �,yo \ \ ps. &Syc o m \ - y5. HN XiaA ii$1‘ 4� 4 \3 ;' S :1_19.4'08'30", / 3D \ y6 • INSET 46, lip 0 n % nGe a 5E-14 • t \/ 1'•30' 200.00'' ` SOUND "Wive--- ---4- \`Er \ 6 EASEMENT PER SURVEY BY R, VAN TUYL 10-17-66 j - __\ (NO PHYSICAL EVIDENCE) 4 ELEVATIONS ASSUMED DATUM \ 2' CONTOUR INTERVALS \ 5' CONTOUR INTERVALS BETWEEN TOP/BOTTOM BLUFF \ S.C.T.M.# DIST. 1000 SECT. 033.00 BLOCK 04.00 LOT 035.002 UNAUTHORIZED ALTERATION DR COPIES CF THIS SURVEY MAP NOT BEARING ADDITION TO NIS SURVEY IS A THE LAND SURVEYORS INKED SEAL OR DISTANCES SHOW HEREON FROM PROPERTY ONES VIOLATOR OF SECTION 7209 OF THE EMBOSSED SEAL SHALL NOT BE CONSIDERED PURPOSE RE NOT TO ARE FOR TO SPECIFIC NEW YORK STATE EDUCATOR LAWPUPROE MD ARE NOT FOR BE USED FEN ESSH TO BE A TRUE VAUO COPY PROPERTY ONES OR ERECTOR OF FENCES CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR MOM INC SURVEY IS PREPARED MD ON HIS BEHALF TO THE COMPANY, GOVERNMENTAL AGENCY, AND LENDING INSTTUTON USTED HEREON. MD TO TIE ASSIGNEES OF TRE LENDING INSTITUTOR CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS SURVEY OF DESCRIBED PROPERTY 'd t-b-bN,.F� RKB SITUATE AT 0Et: i 5 -jj 14,:-.14,:-.:-. _� GREENPORT 46' 79J /., TORN of SOUTHHOLO, COUNTY of SUFFOLK. STATE of NEW YORK VV (- ° SPtE OF NF) 11 711";) 5 SHG. `a, LISA McQUILKIN CERTIFIED TO: REVISED: / i4.2A'o t P LAND SURVEYING FIRST AMERICAN TITLE INS, CO., GERI, 4/24/00 I . I'�j4 - Z 274 EAST MAIN STREET ARMINE-KLINE, 6/6/01 ADD EASEMENT 4`C '.Y * EAST (SLIP, NEW YORK 11730 CYNTHIA ARMINE-KLINE 7/17/00 COASTAL EROSION c1/44 441) 6 PHONE: 631-277-3605 4/02/04 I.G.P. U.C. y "�� 12/13/05 UPDATE DATE: 4/6/00 SCALE: 1"= 60' FILE NO. 316-00 l LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THUef,JANUARY 26, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JANUARY 26,2006: 10:20 A.M. GERI ARMINE KLEIN #5793. A variance is requested under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of a fence shown on the 12/13/05 survey, as-built, prior to recent changes. The fence exceeds the code limitation of four feet when located in the front yard, at 160 Sound Avenue and Sound Road, Greenport; CTM 33-4-35.2. Zone District: R-40 Low-Density Residential. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or Linda.Kowalski@Town.southold.ny.us. Dated: January 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • b FORM NO. 3 /113 NOTICE OF DISAPPROVAL v" -k(�/� DATE: August 15, 2005 TO: Robert Bohn A/C Klein PO Box 55 Peconic,NY 11958 Please take notice that your application dated August 10, 2005 For permit to construct a fence at Location of property: 160 Sound Avenue, Greenport,NY County Tax Map No. 1000 - Section 33 Block 4 Lot 35.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231, which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones,the same shall not exceed four feet in height." The proposed front yard fence measures 6 feet. Ira� uthori• -d ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. • /�� r • APPLIPTION TO THE SOUTHOLD TOWN BOAS OF APPEALS For fftceUseOnly SEP 2 6 2005 Fee:$/$0 ^ Filed By: £rt._ to Assigned/Assignment No. 3 7 9 3 l'(k ds71 Office Notes: ZONING ;ern --loa sJ Parcel Location: House No./oil Street 56uj , l j gtVP Hamlet SoU+170 tol SCTM 1000 Section3S Block Lot(s) Lot SizeSS&, Zone District I (WE) APPEAL HE TTjN-HItTERMINATION OF THE BUILDING INSPECTOR DATED: �/ + t5 Applicant/Owner(s): V Cr/ A RMI N KL E I N Mailing Address: /4 o 5 Oa V',pp\Ve) Green Por// N y 18951 Telephone:/ 4.Q41- 4:2906 — tilk-ic NOTE: U applicant is not the owner,slate if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative:201- n/ ( ?.on±r a-hr-9 Address:p.0. May 66) ?eegrm , N• Y IITS, Telephone: 6 3/ - 745- // /9 17A-K; 74S- 402 /6 Please specify who you iv' correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) Authorized Representative 0 Other: / WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Wiz' /03-- FOR: oSJFOR: 0 Building Permit. 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction XFeriCa Perms -- Other: Provision of the Zoning Ordinance Appealed, Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article X )( III Section 100- -4 3 1 Subsection Type of Appeal. An Appeal is made for: AA Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 hasA has not been made with respect to this property UNDER Appeal No. Year . 00 0G Page 2 of 3 - Appeal Application Zt 53 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? (N) Yes, or ( ) No. If not, is the construction existing,C_ as built? ( ) Yes, or ( ) No. Additional information about the surrounding topography and building areas that relate to difficulty in meeting the code requirements: (attach extra sheet as needed) See czcidericium U-far cLh e d This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorne •the ise t ---;e •rocee• to the si•nature anc( notary area below. a Si•nature of Appellant or Authorized Agent Sworn to before me his (Agent must submit Authorization from Owner) day of . 001 (Notary Public) ZBA App 9/30/02 BARBARA ANN RUDDER Notary Pub0c,State of New York No.4855805 Qualified in Suffolk County, Commission Expires April 14, g. N 33O.A°° —N — . 1/i • • �k0 5POR PCL N0. �,''--� SEE SEC.NO. I'� 035-01-021 Of TWN%lptl 50111+101.1) D A' , 1t 353 13,421:1352Id ''''s,®R.J\0g J • •'ti \ 1 SDOND .E�, r WW1 1/4 : . 1011,# 11. -13.IS: 4101ip + # 1p lb> , . � i �� ®�®�� 7:-• ' 1N 1x03 V"' SU 11%4 ct. . . All,a444RIF a . 41r. \ ®e 13333311 3 � (f ��iti� ��"af ‘ci , r# N ®�� SOUTHOLD As4 lHi3 a 1• ,s, IAA • «,� i °0 . *IS cE a, s � � O 6 ® 1 i�Plc 1j\ lP�^ SMO v 11AN 3 00.A9 Oro 03. % 0 alleCL_adoetP ® 5a- Fc. ow \1.123‘,1JA\lc3 % � lik#11$ N ICPEx Sp. 4 " N � �� ,z,°°° LIE ^F-RiES NOTICE ti COUNTY OF SUFFOLK Q [ TANG SECTION NO STRICT& SDUTHOLD YWTENAN E,ALTERATION,SALE OR ,44 Red Property Tax Service Agency v &IND OM DISTROUNEN OF ANT PORION OF THE iii Canty Center RlvvMaj N Y 11901 vo ml nLA&W 033 SUFFOLK COUNTY TAR YAP IS MISTED -,6D N Inc °H RrtpJT YRTTYN FEw55pN F TK SCA" Y ERI: «cu ar T cewr. p °'0 a0 om✓xT b 1000 PROPERTY MOP OFFICE OF ZONING BOARD FAPPEALS Office Location: North Fork Bank Building—First Floo4 54375 Main Road at Youngs Avenue Mailing Address: 53095 Mai Road, P.O. Box 1179 Southold, NY 1 971-0959 http://southoldtown northfork.net Email: Linda.Kowalski4l1own.Southold.ny.us Jayne.Martin4Town.8outhold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX '?i? ee,o2V— (p 948-- MEMO • TO: C EZ= i DATE: / 40 (p RE: 2.64 ��93 _sr R5-3 ! / 0r 1) 1 , , R q ''\ \' r 1 / 1� wE;1 ; ,_, --• ,._. lir ry ip5 1. / • 7 , a L i� i /0, +1 1 fr 44 (,\ Q Page 2—April 13,2006 ZB File No.5793 and 5853—G. Klemm CTM No.33-4-35.2 2. The alte ative relief will provide a balance to give,a benefit to the applicant of increased privacy and security with visual barrier to the property, while not having an adverse change in the character of the neighborhood . detriment to nearby properties. t 3. The difficulty ::s}\self-created when the fence was erected without conformity to the codes, and is unique to the character of a neighborhood. 4. The alternative reli:f granted is substantial. 5. No evidence has b--n submitted to suggest that a variance in this residential community will have an adverse impact on the ph ical or environmental conditions in the neighborhood. 6. Grant of the requested rel -f is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a fence at a eight over four feet, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to DENY the relief as applied for, . d to ' • GRANT alternative relief as noted •elow: A 6 ft. high decorative iron or chainli -type,fence, without slats, may be erected at 10 feet from the easterly property line along Sound Ave'ue for the 185+/-foot length, and stepped down similar to the existing fence,with variable heights from ix feet to four feet-stepped at every two or three panels; The fence which is exceeds four feet in ' -ight (for the 185+/- length shall be moved back onto applicant's property at least 10 feet from the p •perty line adjacent to Sound Avenue; The easterly side of the fence shall be screened ith juniper or similar hardy native (such as Eastern Red Sea, or another similar screening), at a minim height of six feet, maintained in perpetuity; A decorate iron gate is permitted at 5 feet in height an, shall not be a solid material; however, the gate may have decorative ivy leafing or other type of comp,,site material, the gate shall be moved inside, jogged 10 feet into the property, in same north-south line :s the proposed six ft. chainlink or decorative iron fence adjacent; no slats shall be permitted but natural creening is allowed. Any deviation from the variance given such as extensions,or demolitions whit are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving n• conformities under the zoning code. This action does not authorize or condone any current or future use, setback or othe feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are xpressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Diniz , Simon, and Weisman. This Resolution was duly adopted (5-0). Gerard P. Goehringer • 5/ /06 Approved for Filing OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiATown.Southold.nv.us (631) 765-1809 (ext. 5011 or 5012 during recording) fax (631) 765-9064 TO: RO GG JD MS LKW DATE: "t / .5 /06 RE: 1.eo7t1 J/, MESSAGE: ( ) Correspondence or documentation related to the above for your information. 0 (2-ecj2-"1:eld f 06 p// rd_.S.P1 A(' _et k AzyLoey-1-4.) Thank you. Pages attached: I . 1 V it ®F SOU U ELIZABETH A.NEVILLE I°•; ' O : Town Hall, 53095 Main Road TOWN CLERK ; #[ * P.O. Box 1179 REGISTRAR.OF VITAL STATISTICS vs y� Southold, New York 11971 MARRIAGE OFFICER . ,1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER court: ,.. Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ou�m, ', southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: February 14, 2006 RE: Zoning Appeal No. 5853 Transmitted herewith is Zoning Appeals No. 5853 of Geri Armine-Klein-the Application to the Southold Town Board of Appeals with attachment. Also enclosed is a letter from the applicant to the Z.B.A. dated December 1, 2005 describing the reason for variance, a letter to the Z.B.A. from the applicant describing the new application for variance dated February 10, 2006, a two copies of the Notice of Disapproval, Transactional Disclosure Form, a Survey of the property, and six color photographs of the property. , APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. / Q YOUR NAME: A -e — 10 Q- 1 ✓� 6— e c :P\ (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance C 2 AL a.- Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: GA" GN-C- e- ct tel.C-Q Do you personally,(or through your company, spouse,sibling,parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest.`Business interest"means a business,including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant)and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP tbsg3 Submitted this 1,0kiks day of Ce.A1 )\-.0 Signature:h Print Name:C�e r, V'\ ( 2 - �' 6 , ; Jnr q3 FORM NO. 3 0 NOTICE OF DISAPPROVAL0 v'' DATE: August 15, 2005 TO: Robert Bohn A/C Klein PO Box 55 • Peconic,NY11958 Please take notice that your application dated August 10, 2005 For permit to construct a fence at Location of property: 160 Sound Avenue, Greenport,NY County Tax Map No. 1000 - Section 33 Block 4 Lot 35.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231,which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height." The proposed front yard fence measures 6 feet. r dair ,00-.......- thori'_-d ': ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. A:\0,,c)-si oD� 0-) J Geri Armine-Klein 1 #3D 160 Sound Drive -n� 65 Montague Street j'`J� Brooklyn,New York 11201 Greenport,New York 11944 (718)624-6905 (631)477-6102 (917)974-4492 February 13,2006 Ms.Linda Kowalski Zoning Board of Appeals I r _ P.O.Box 1179 G Southold,New York 11971-0959 FEB . 52006 RE: Application for Variance#5853 Dear Ms.Kowalski: Please find enclosed herewith 7 sets of replacement copies of Exhibits 2-7 for the above referenced Variance Application. I re-described and marked the proposed project on Exhibit 2,the marked survey map. For Exhibits 3-7 I made color copies which are much clearer than the black and white copies. These replacement sets are meant to substitute for the Exhibits 2-7 that were filed with the application on February 10,2006. Also enclosed is a copy of the letter I sent to Mr.Robert Bohn. Thank you once again for your assistance and patience. Yours, Geri Armine-Klein -t-: Enclosures: 7 Sets of Exhibits 2-7 Copy of letter to Robert Bohn Town Of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/13/06 Receipt#: 2563 Transaction(s): Reference Subtotal 1 1 Application Fees 5853 $150.00 Check#: 2563 Total Paid: $150 00 Name: Armine-klein, Geri 160 Sound Drive Greenport, NY 11944 Clerk ID: MICHELLE Internal ID:5853 •, 0l0 LONG ISLAND, SOUND " , • d 0 WATeR3 wGE 0� —gyp spy. ,p ,. 4 `"10-00-••• --\�.� �+ ' - - __�_ _ 1 S _ �- • - / '' 4 \ \\ ' '•" LINE OF 'LANDWARD LIMIT1 \\"X. �L/� STSG j OF NATURAL PROTECTIVE ' FEATURE AREA' AS \\�� • DESIGNATED BY COASTAL 36'• ' \\ A`�+ MI FORMER WATER `EROSION LINE MAP DATED ' 8-29-88 SHEET 14 OF '49 `��� PD1 \ p EASEMENT VERIFY WITH PHOTO # 51-606-83^ \ G S.C,W.A. IF ABANDONED t a g, -, a / /\\ o A .69 , _ , *OP- I 5-7411-11114k,v"--1%-191W oma, ,35.0 gy9' • N ?A5 ^ 3 \\ 4.'� j �� 9 \ ''POO • A3 yZ C. \ o �7 s o \ C.-7 [y�c^�NN 3 L�\ WO �� cA:!\ a RAS _ R' _ ' . __�e \ I _ -_ o �c�ii `) JCI/iv a • 3 t \ \ 4.2 'el a \ OO 0 �•� 33 • '• 46' PD.3C 0 ' M .T N \\ 9 ' 2g$ ��` �—` ► 30.8 \j INSET A, -'.er , � o \ 1'=30' , ' 200.00' \\ • i- 2 _, er29; \\ OUND - — — ZgT \ EASEMENT PER SURVEY BY R.- VAN; TUYL 10-17-86' Di?. - --��- -\�z% (NO PHYSICAL EVIDENCE) EFF ELEVATIONS kiGv:U: DATUM \ 2' CONTOUR' INTERVALS - \ \ 5' CONTOUR INTERVALS BETWEEN 'TOP/B• OTTOM ,BLUFF ' S.C.T.M.# DIST. 1000 SECT. 033.00 BLOCK '04.00 LOT 035.002 ' UNAUTHORIZED ALTERATION OR COPIES OF THIS SURVEY MAP NOT BEARING DISTANCES SHOWN HEREON FROM PROPERTY LINES ADDITION TO THIS SURVEY IS A THE LAND SURVEYORS INKED SEAL OR TO EXISTING STRUCTURES ARE FOR A SPECIFIC VIOLATION OF SECTION 7209 OF THE ' EMBOSSED SEAL SHALL NOT BE CONSIDERED PURPOSE AND ARE NOT TO BE USED TO ESTABLISH NEW YORK STATE EDUCATION LAW TO BE A TRUE VAUD COPY PROPERTY UNES OR FOR ERECTION OF FENCES , ^CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY - IS PREPARED AND ON HIS BEHALF TO THE COMPANY, GOVERNMENTAL AGENCY, AND LENDING INSTITUTION USTED HEREON. AND-TO THE ASSIGNEES OF THE LENDING INSTITUTION , 'CERTIFICATIONS ARE'NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS , ' SURVEY OF DESCRIBED PROPERTY • - - . ' SITUATE AT GREENPORT O NEbyI,O TOWN of SOUTHHOLD, COUNTY of SUFFOLK, STATE of NEW YORK � 11 ,�P��N G.McQ �÷ LISA 7�,� ' � CERTIFIED. TO: s� 1� ', 1i'l C Q UILKIl V ^ - REVISED: 4/24/00 > w 6/6/01 ADD, EASEMENT J \ 7\. w Dr'ii,zi�� e. LAND SURVEYING FIRST AMERICAN TITLE INS, CO„ GERI ;,•� (J 1 27,4 EAST MAIN STREET , ; ARMINE-KLEIt�1 7/17/00 COASTAL EROSION EAST ISLIP, NEW'YORK 11730' • -CYNTHIA ARMINE-KLEINI ' 4/02/04 I.G.P. U.C. fly' , _;J' . y�'I. PHONE: 631- 277-3605 _ 12/13/05 UPDATE 9,11N'N� se' 1-30-06 UPDATE .ELEV. I -31-o(0 Rev. NAME DATE: 4/6/00 SCALE: 1"= 60' FILE NO. 316=00 `r _ •. ,,8 t • 'y 4• Arl AP* ' $ .' I u 1 .-,-- rr' • L So �J fro ti. er 1(90 — ' ��ia • `, ;tib , i� -- S' at � , Y _ _ .., _,_ ___ A..,,, ,., � mak, — 4 , '' ..... .__._ ..„.4,. ,N, „,,, . . ? _. • , . { i' , :" . 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F .` v �I j tt�'Y•'!" 5'V I 'A i'.hJ_ 1 r , --11191. �.;�s,,,o,, ,.+I,igF � sr t t :,,,,:,...•- n F :- ... a,- • - <._ i/y.L‘..\-a I.-- 1 - Irk_;) ,. ,., G.. 6..te--- • — Sac-Sc-- kos----- E c) 6,,,L) (),- k e r 0 c\... cLA- AA, Ai,,e, < )\,0 OS- ,rei—.- -- ‘\R, u rlq PP" 5 t, 1\)..101- 67 Steps Neighborhood Coalition Materials Presented to Southold Zoning Board of Appeals 1 mi .b1. s. t -''. . - 7 4 • . P [ -, �' G t z• .t.i� - - Fence erected at 160 Sound Road, Greenport, New York August 2005 26 January 2006 Table of Contents 67 Steps Neighborhood Coalition 1. Summary: Definition of 67 Steps Coalition and purpose of attendance at today's hearing 2. Petition signed by residents and property owners opposed/concerned to fence at 160 Sound Road including violation of existing Southold Town code regulations 3. Survey of fence provided by Robert Bohn Contracting, Inc. with new issue concerning placement of fence on Southold property 4. Letters from direct adjacent property holders with supporting photos of problems caused, and photos of other sights in compliance with existing Town Code ordinances 5. Additional letters from property owners objecting to fence and hazards/other issues fence has created 6. Addendum items since July, 2005 supporting community inquiries, complaints regarding fence and related hazards January 26, 2006 The 67 Steps Neighborhood Coalition The 67 Steps Neighborhood Coalition is best described as an informal but well-organized group of property owners and residents of the North Fork who are dedicated to the preservation and equitable use of the 67 Steps and its beach. Its projects have ranged from involvement in limiting development density along Route 25A at the southern end of the neighborhood,to preventing the sale in 1989 of the Town property by 67 Steps, which has now become a memorial and park. It is a group that has worked closely with Southold officials to ensure that they dedicate as much time as possible to matters in the area, and is working to expand its efforts to better enforce issues of continued concern to the residents. The neighborhood is best described as a walk-by, front-porch, "hello" community,where boundaries of age, gender and status are put-aside. There are no officials, only those individuals who choose to take on projects as they wish to do so. Purpose of the 67 Steps Neighborhood Coalition at Today's Hearing The Coalition represents individuals who have signed the petition and/or are here via representatives,who wish to show their objection to the fence erected at 160 Sound Road, and who want action taken to correct this situation. The attached materials include letters of objection from the owners of the three adjacent properties whose homes directly face the fence, additional letters of protest from nearby neighbors, and a petition signed to date by over forty neighborhood residents. ' _�• t��/�1f'd I 67 Steps Neighborhood Coalition Petition of objection to fence height at 160 Sound Road This petition is signed by residents in the neighborhood of 67 Steps,and those concerned with the problems caused by the fence between Sound Drive and Sound Road meeting 67 Steps. In August,2005,a fence was erected under the direction of the owners of 160 Sound Road,which is between Sound Drive and the end of Sound Road ending at 67 steps in the township of Southold, N.Y. The solid wooden fence is currently at a height of six- to six-foot six inches from ground level along its length of over 380 feet. The height of this fence is in violation of Southold Town code, which stipulates no fence,walls or berm can be erected in excess of four feet along any frontage property line(Chapter 100,Article 30011,Sections 100-231 & 100-232). On August 15th a letter of disapproval was sent to Geri Klein at 160 Sound Road by the Southold Buildings Department. To date,no known action has taken by the property owner to comply with this letter. The petition demands that in the least the height of the fence be reduced to the four foot level. • The fence creates a blind corner at Sound Road and Sound Drive,creating a dangerous traffic hazard to cars and pedestrians. • The fence creates a fortress effect along Sound Road,not in keeping with the more open view standards set forth by Southold Town. • The fence in its current structure has attracted graffiti and increased littering on the beach road side at the top of 67 Steps. Southold Town should not bear the extra burden of addressing this problem. The signatories of this petition demand that the fence comply with Southold Town ordinances. We demand to be notified and attend any hearing that takes place if an application for variance is filed by the owners at 160 Sound Road. Signed Name Address Date -' Z;:t. --iget,c)4Z1/7/ ///y/os-- -"11402/ z Sco,t) ,f-14,W)iii / , (`' i ! rh' 4 t7 U f -37 r 1 �R,,,,/. ',W.Ali ._ /21 ,(4,1.- 1 L kt �/ (its fr/ /e Petition of objection to fence height at 160 Sound Road /4:6-efrota- - iL64 / - l_ - a "0- A....a, .„ ?,, ccm, ja -1,,,,A___:_il_ cg_ 05,-- / �, ) i , - i_ 4 ie cs762/. /? , Go74-. — / _ /0 49 s F //414 ,/,,,./.251 5.2 ..r /igit: 1 leptx.t. /( . it \af t\ ---t\A,t.r-ti, \-_\,Q-Aik... .-1) (s-i 5 15' (---)- .-kA r-A-4,- ---r-cA.- iv i( 65 V--1 .'''-'' 1/ 42-'''''--(:-efi 1,f3it.' ___,7 _.>41,4-6:5-azi- ‘,.„71If ly/ii/e) ,,, ;(7:79 I .7.) 5-vt.e_--t" (rA ., /02(c-., . .., _ - 2 L/ 4 ..),: , , )''\ ,q2.) 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FORM NO. 3 NOTICE OF DISAPPROVAL TO: Robert Bohn A/C Klein DATE: August 15, 2005 PO Box 55 Peconic, NY 11958 Please take notice that your application dated August 10, 2005 For permit to construct a fence at Location of property: 160 Sound Avenue, Greenport,NY County Tax Map No. 1000 - Section .33 Block 4 Lot 35.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231,which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard,of residential zones, the same shall not exceed four feet in height." The )ro osed front and fence measures 6 feet. i_ ... Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Carl F. Krebs 66 Sound Road Greenport, NY 11944 25 January 2006 Re: Fence at 160 Sound Road Greenport Members of Southold Zoning Board of Appeals: I am writing to you as a long-term community resident, an adjacent property owner, and a registered architect with over twenty years of experience on site planning issues,to express my strong objections to the fence erected last summer across the street from my home on Sound Road. I have worked on the design of perimeter fences and walls for many projects, including several US Embassies and Consulates, and I have had to respond to fence setbacks and height requirements when local zoning and codes prohibit standard solutions. In my professional practice it has never been acceptable to build non-compliant structures with the expectation that a variance could be obtained, and to rely on the resulting existing condition to reinforce a claim. It is my strongly held opinion that the fence along 380 feet of Sound Road is an aggressive and insensitive intrusion into this neighborhood, one which is completely out of character with this established and collegial community. It has immediately attracted graffiti and has diminished the quality of life for all of us who regularly visit the 67 Steps Beach. My house,which was built 75 years ago with its principal exposure facing the street,presently confronts a blank six • foot high wall,reducing the quality and value of its site. P In addition, after reviewing a copy of the property survey,it is,also clear that this fence-has ; ,. been erected well outside the property line and extends into the public-right of way of Sound- r - Road as much as seven and.a half feet on its southern edge. The closeness of the fence to the street has only exacerbated our concerns about visibility and pedestrian/vehicle safety. This fence is not only non-compliant in terms of height,but it does not even follow a straight line, and wanders well into Town property. There are many code compliant alternatives to this fence which will provide the owners with privacy and not destroy the green and gentle character of the Sound Road. Just two examples of many in Southold are at Horton's Point and on Bay Home Road. There, owners of water front property at dead end beach roads obey the Town Code and have installed hedges and plantings to provide privacy. In a recent tour of similar beach conditions, I could find no precedent for the fence erected at 160 Sound Road anywhere in Southold Town. The Town of Southold has adopted a code that does not allow high walls and fences to be constructed along the edges of its public roads, and this code has allowed the Town to safeguard its architectural heritage and natural landscape. The Board must uphold the code and disapprove the fence at 160 Sound Road. To do otherwise will establish a precedent for other beach roads throughout the town. Sincerely 4.4 Carl F.Krebs AIA _ ----,-'‘',7:- ' - ',.-- 1,,=4-(- - , ,- , -- • — ______ -,.. • 4. ,-:•,.... , :.... ....621,'N.... . -..-' -----701e. 4 0...11.;;•,,,,, -.--- ••,-_._ _ ...„..,„ , • . ..,...._.„.„..... , . ...., •Irj_ i, ,• ,N, \ ..,, t, j: ,-...•.. 'A, e:• . ....- , /..„.,.,..: -.. ,r, % , .i...., . • , ,._ -,---,-,„ - . - - -....-: ' 1 . ._,....,______.-- ::',Vg,- ..., . r - _imiwoummemamw-- _ „eQuoi,..._,„, ....,„,„a...,:-=-_-_er--,-._ ... Planted Hedge Buffer at end of Bay Home Road, Southold With Public Access to Beach , , -,,:- ` glib. , --•=',:.- ..'"''' • ' Olip, vie - ,..•li,a. ,_...0..7a7..‘a„.. ..... lip*- 0' : . al ' 1. -. 0. ,: iitsew t- ,31 71.11r,...A:.. am ,,P41111W4't •d'-',"ef,,..-sy,:f .,F17,_--11,1*Ielo. Ift,,, , ii.,'-.47 IL..N, . ..,.. ..44.4i,teg.fZ:..weac..=;:c.' -Vrif Vir. .0.,, ,..„....;:„ _ • i -, , • ••41i ' . • . • .3.4- .4; 0,,.,.... 4 lrst• -.441,C. , . , . A A, _....t..,.. . _ i t. ... ;> 4 lift' •-• ' ' 'Y‘ -- '''- , ,,. ,.. .44 A,pf 1,10r Pi• "''"1"-- . 41) - • , ,, pro wit , t• k • „ i., , -„, • • ''' • . , _ .__.„,..._4.. _ ---- Landscape Screen at End of Light House Road,Horton's Point,Southold Adjacent to large parking area similar to 67 Steps parking P‘\- ai*,tomZ;` j� ! z`„ . � f .- - . - i. ;. Founders Landing,Southold,Public Parking and Private House 'b , -�• i 7 U Roc Point Road,East Marion,Public Parking,Houses on Both Sides ►' • South Harbor Lane,Southold,Public Parking and Adjacent House 1 Kenny's Beach Southold,Public Parking and Adjacent House 11atlffid1V ]001/001 To: Our representatives at Southold Town I-Iall From: The Speleotes Family Date: January 25,2006 Help! Do not imperil our children who play in the street or our neighbors and visitor who take leisurely strolls to the beach to view the water and sunsets,by approving a blind spot to drivers.Although winter is upon us and traffic is slow; anyone familiar with the area knows that the summer bring visitors and neighbors who either walk or drive, and children who skate or ride their bikes to the beach. The potential for someone getting injured exists and cannot be ignored. Was a traffic study conducted so that the town can be indemnified,protecting the town's coffers and taxpayers,when a vehicular accident results in injury? Should we be naive to the fact that we live in a litigious society, and when(God forbid)an injury or possibly death occurs at that corner that the driver along with the owner's of the fence and the town that approved the variance for its existence won't be involved in the law suit? Should we ignore the fact that taxpayers will ultimately pay the price? All our neighbors have discussed this installation for quite some time. Some are area contractors or construction trades people as well.No one in the neighborhood understands how the legal process was allowed to be ignored. Although we could be wrong,we understand that: I.) A permit was never applied for,paid for nor issued by the town. 2.) That this variance process is taking place after the questionable installation. Is this how that process is normally conducted? • 3.) We understand that the installation violates the town's own established codes. 4.) We were told that the town did not issue any violations for such a breech. Several disturbing precedents appear to be fighting for legitimacy. 1.) Residents do not need permits. 2.) Enforcement does not exist. 3.) Safety is not a concern. As a final note,we live in a democracy and once a variance is granted for a tall stockade perimeter fence whether whole or partial,how will the town be able to deny anyone from doing the same in the future? Once the precedent is established a stockaded, fenced-in, impersonal town could become a reality. Take the Hamptons for example were pedestrians feel=welcomed by the imposing hedges that send a clear signal that visitors do not belong here. The North Fork has a warm charm and friendly spirit inviting visitors and neighbors alike. Our eyes should be granted to view its beauty unobstructed while visitors,neighbors, and children alike should be safe from vehicular blind spots. • January 25,2006 Ruth Oliva,Chair,Southold Zoning Board of Appeals 53905 Main Road,PO Box 1179 Southold,NY 11971-0959 Dear Ms.Oliva: I encourage the Zoning Board of Appeals to read this letter as a reference to what one average and exasperated citizen has gone through during a seven month period in resolving a problem. This response is really addressed to our neighbor at 160 Sound Road,and is written after many months of frustration. I feel that Ms.Kline bought and built at the end of a public road with full knowledge of what she was purchasing. Surely the care and attention that allowed her to select and design such a property did not prevent her from thinking and inquiring about what happens on that road at night. We certainly asked about such activities when we bought our house across from 160 Sound Road in 1989. Of course it was known as a bit of a"lover's lane". Our realtor as much as admitted that when we purchased our home. At many beach roads we looked at in the area,the subject came up. It's a small town.Most of the kids are basically pretty good.Yes the beach gets heavy use during the summer months.And yes,not everyone is perfect with the trash. We do need to have more trash cans and removal. But since the fence has been erected,the trash problem seems to be worse. Perhaps those out there just think they can throw it against the fence barricade. However on two occasions the trash outside the fence was left by the owners of 160. It may be convenient to put one's yellow bags out for the weekend and forget about them,only to have them picked apart by the gulls.(I suggest checking with one's neighbors on better ways to do this). Please see the attached photo on what has caused concern on one occasion. By the way,there was no need to snap at our neighbor when he asked you to pick it up,and no reason for all of us to look at it for days,call the Sanitation Department,and wait six days for it to be picked up. Our neighbors at 160 were informed that there was a bit of a drug problem at 67 Steps by neighbors while the house was being built,and we looked forward to working with them to further resolve this problem.The Southold Town Police have done a significantly better job in dealing with this,but I agree much improvement is needed. As you state in your letter to the Zoning Board of Appeals,there are less than desirable individuals most likely conducting illegal activities at the beach end. I too raised a son on the weekends at my house across the street with the same apprehension. Ifyou would work with your neighbors and knock on their doors we could tell you what we have done and what we are doing, and what we can do together going forward before over-reacting and building an ultimately ineffective"security"wall. I do not understand if you are so distraught,why you have not fenced off your ENTIRE property,not just the offending road? You have no privilege more than any other of the families on the street with children who also play in their non-barricaded yards. Why build a Berlin wall that has only desecrated the beach area,created a negative backlash in the community,and set a less than positive note as a neighbor? I am very sorry to see this get off to this kind of start. Life is too short for any of us to have to write these kinds of letters. Robert Becton \ : • • ,i, 1,v` , : • ., ‘,- 4-117,7,i. --- . . ;•.1,..,•,. ;, :,. v ,,, •; 'Ak'iO4 , -.' , ; s ', , 4cir-le.*A.;-- INV,V,er4• -4,- ',. , •,-,t,, -- ,-,,,,,,A,- . , ' 0'.* 1, \j'• ,) ''f. ,'-'-=\ . •. 0 0411;$2.b',??.-!;:e.A:''-''Th, .lt•- L I" 1 j''','\I, ,'I ,';. 1:'S4 .A.:,:.,11., t..41f*. N.113P% ','. .....,' ili ti ,..,,,k‘UP1'•,.,, 11.4•::,01, 4014111pk* - Atli 'Xi A lif'„ ,,,,,jki ,:., .N,41*,;ekKt...2,,=::-4tA: 1.4.t•Allr,- -it.c. , , .‘4:.:,.,„,,' '‘7% i*.21.. '''," it t $ C 41k, :_ ...... %a-:".ta.v,- ',NIP,:,..r. .- - ...; ,., -...-:7:Ito- ,'''•-•`. ''-..-- ' II 47-411t,•'-'•• `1,-,'..,.,,,, N•.-1, ,„*.‘„ • •iot,• ,-;', • ,.. ,:, 10 "ea* iiPt64.-#. '---- 4- *is'.'''.'41011' • ''' . ,* " ' ''' :"1.1•`•kir'. '"'eo r>'.", i'4 Tgf,ie - '-...a. •''''",!74.114'40r:' ',0.• “11.1M i'l-.: •--, . .1,•'., .i '— -''.', Is C- '--, s,,,,, :,- • .1r:• -.. :l';'?, ‘'CI ift:v 2- ' '---. . -- ' ' Ili ei..:..41,...,,,N; ,...‘..-tge fv...• -...,:,...,_ .;,., •, . • ...: -.. A • ' :At- • ,.. ,4,:',;- ''i:‘ VI.11 WAR ,e., -i t ' ' • . 4.- , ''z1 t”.', • - , ^-.=-::. -7,.-'- • ----• -„ - '--„, • r ../ - - ;,- ,-. z. '.-:f '. •_ : ., r-c4 ''' .- - .,- -L . • - _ '— - ,.-..- . . . - - ', - '-- - - . kW -- ---c----- ---- . ,. .._,......„ ___,..,__.__• ,--. : - --- -, ---1 - ---.- ---- _ Graffiti,Photo taken 21 January 2005• 44 i - 1 ' 7' •';: . „,, " I ' 1 i 1 . • , - •. 44 i J. • - 1 • • I . -. - . , - 4 _ , . •--.,' =- .• t - jr. Jr. --.'. • . -' . .4114^-......,.. ...____. _ - • . Unattended Garbage from 160 Sound Road _ Ruth Oliva November 25,2006 Chairwoman, Southold Zoning Board of Appeals 53095 Main Road,P.O. Box 1179 Southold,N.Y. 11971 Dear Ms. Olivia: I would like to comment on some of the matter Ms. G. Klein raises in her December '05 letter to Ms. Kowalski. In her letter,Ms. Kline repeatedly insists that she is distinctly justified in maintaining her excessive height fence along Sound Road,near 67 Steps which was determined, after it had already been constructed,to be in clear violation of the Town building code. While preoccupied with constructing a walled boundary to satisfy her claimed need of privacy and security, Ms. Klein has failed to notice how this fence barrier also cloistered those on its opposite street side. In face,the now secluded narrow parkway between the street and the fence is actually encouraging litter-prone individuals to toss all manner of debris into the area. People are more inclined to litter now since they know the fence block any scrutiny by the property owners. The accumulation of food wrappers,bottles, household trash and construction debris is far greater now than ever before the fence was constructed. Ms. Klein herewith represents in her letter to the Zoning Board the vastly increased and virtually unmanageable amount of litter present accumulating in front of her fence. Moreover,the fence's defiant appearance and high solid-walled construction has become at the same time a magnet and a canvas for are unsightly graffiti. In fact the fence has set and unfortunate precedent for this future now—"urban specific"form of vandalism hitherto, unseen in this area. For our town to allow such an excessive height fence to be blatantly erected, along a major roadway, in clear violation of this town code, could set yet another unfortunate an and legal precedent. For example, many other individuals at the end and along beach along roads may soon feel that they too are entitled to high fences driven to privacy and security shielding along their roads and beach frontages. After all, it would appear reasonable to them that if those limited part-time folks, at the end of Sound Road, can have such a fence,why shouldn't I, and established full-time resident,be any less privileged? Ms. Kline should take great pride in her unique and beautifully build home—it is a real showpieces. Also,the property formerly had outstanding landscape potential of cascading, natural vegetation especially along the Sound Road frontage. And unfortunately, several mature trees were destroyed, along with natural vegetation,being excessively clear-cut in preparation fro her fence construction. Also, earlier damage was done to a large number of mature pine trees were carelessly transplanted from another location on the property with the haphazard instead of formed a natural barrier along the roadway. In attention to these native trees and shrubs became a lost opportunity to create both an aesthetically pleasing and a secure natural property boundary. Li. Certainly,with Ms. Klein's apparent means, a more prudent approach would have been for her to seek the advice of a landscape architect vs. a fence contractor to create the design for a pleasing,maintenance-free foliage barrier of lasting beauty—both for her self and for in keeping in the character of the neighborhood. .__ .7_,______ __ Now, more than ever, Ms. Klein could use such advice and direction. Perhaps such a firm such as Samuels and Steelman,just one of many forms who have worked extensively in the area and are familiar with the topography would be worth contacting. My neighbors will point out that Ms. Klein was well informed about any issues regarding any problems regarding usage at the beach parking lot at 67 Steps. It is disturbing that Ms. Kline seemingly seeks to seek a special level of privilege to achieve what we as a neighborhood have been working together to achieve in terms of fair access, usage and ensuring all those who use 67 Steps abide by the rules of the Town of Southold. incerely, e----_� ( c c---L._. p ictor Brown 64 Sound Road 631-477-1083 Nov. 28, 2005 — ----- Dear Ruth Oliva C Chairwoman/ Zoning Board of Appeals Ref. File # 5793/Klein We are writing this letter in regards to the newly constructed fence at the intersection of Sound Road and Sound Drive in Greenport. We would like you to look into the issue of proper fence placement for fences on corner pieces of property. The six foot stockade fence impairs driver and pedestrian view of oncoming traffic. My children may no longer ride their bikes in this area because it is so dangerous. My ten year old son was almost hit by a car that did not see him coming around the corner due to the height and little set back of the giant fence in question. We are very worried that if the fence is not correctly placed someone will end up hurt or dead. Thank you for your consideration into this matter. Respectfully, avaktkii Chris and Stacey Butterfield 57 Sound Road Greenport, NY * „ ce)O6 a-4- ,4 •6 .,41611 Jee4.- '446 1.44-144 110-t- ) 461.te4,1 (4. _,i4of Je-Ceue-d-a- ._.6vL71,4 0,1d att.-Z-ie- of4k- ./&e- )1-1. 16464 . el /161 < 4444- rtfr7ter--4-af jee.41,t6oi, 4/t-E1-1, j4‘-eA16/ aze („.64 ,_..64,72,,z4./4, „„41 „letZei,a y444 ' , e764/e.' . 4i,-11-4,14 /1A--? i Mr. Scott Russell -Southold Town Supervisor Main Road, Southold November 10, 2005 Dear Supervisor Russell, • We are writing to express our displeasure with the newly constructed fence at the intersection of Sound Road and Sound Drive. The owner appears to have allowed the fence to be built taller than legally allowed but, more important, this fence completely blocks the view for vehicles approaching this intersection. There is no visual clearance until vehicles, bicycles or pedestrians are practically at the intersection. The inability to see approaching vehicles from either street has created an extremely dangerous situation. This problem exists because the fence extends too far along Sound Road completely restricting driver's vision of on-coming traffic. The volume of traffic along Sound Road is greater than many adjoining streets because of the 67 Step Beach. There are also a number of children in the area riding bicycles on the street. We are very concerned about the safety of drivers and bicyclists using this area since the fence has been built. We would greatly appreciate any assistance you could offer to remedy this worrisome situation and restore sanity and safety to this intersection. Respectfully, Mary C, Gabriel Adrianne Greenberg ___ 4 3 5oun,ci at, 6'/?..e4-4( 7 At, //%/-f cc. Ruth Oliva Chairwoman/Zoning Board of Appeals Ref. File # 5793/Klein r Nov. 18, 2005 Dear Ruth Oliva C Chairwoman/ Zoning Board of Appeals Ref. File # 5793/Klein We are writing this letter in regards to the newly constructed fence at the intersection of Sound Road and Sound Drive in Greenport. This fence is a hazardous obstruction that threatens the safety of pedestrians walking on Sound Drive, as well as pedestrians proceeding east, on the North side of Sound Drive, and approaching this intersection at Sound Road. Due to this "poor line of sight," that obstructs visual contact between movingvehicles and walking pedestrians, bikers and children who live and play in this area; we are asking for any assistance you could offer to remedy this extremely dangerous situation. We have already experienced a narrow escape while on one of our daily walks on Sound Drive, from a car turning onto Sound Drive, from the "67 steps beach." The fence is constructed taller than legally allowed. This was done with no consideration for the safety of the neighboring residents. Respectfully( Vo4 -717 661j C- e - -CSE/ S c�c lc �z3nJ S u�Pn C,�sem, C �� r. Mr.Scott Russell January 25,2006 • Supervisor Town of Southold VIA FAX Dear Mr. Russell: Of the many hundred of items on the docket in front of you as you begin your term, we want to bring one to your attention that we think is noteworthy in how is represents the kind of energy that is needlessly expended by citizens and Town employees when something is addressed in an after-the-fact matter. It perhaps marks a bellwether of things to be aware of going forward. Part of our support for you in you run for supervisor was based on the fact of several conversations where you spoke of the need for the correct balance between the rights of property owners (where of course legally supported)and those needs of the greater good of the community. At issue for the 67 Steps Neighborhood Coalition is the stockade fence at the end of Sound Road(up from Shady Lady Inn) -- a 380 foot long six-foot-plus high fence that was erected last August. it is in violation of the code of Southold which allows only four feet. The contractor was apparently aware that this fence was in violation when he installed it, yet it seems it was erected anyway based what we later heard was his "alleged assurance" that a variance could be easily obtained. So at this writing a neighborhood has been galvanized, a petition has been put together with strong opposition to this fence regarding the: • pedestrian and traffic hazard the fence has created trash problem the fence has exacerbated ® graffiti it has attracted ® probable drug trafficking spot that that has inadvertently increased due to the new "privacy"this fence provides ® destruction of a vista that was once the right of all those that visited this beach road. A lot of well meaning time has been spent in preparation by citizens for the Zoning Board meeting set for this Thursday, January 2e. Likewise, a lot of well meaning time has been expended by those on the Zoning Board of Appeals,the Highways Department,the Buildings Department,to name a few. The ruling by this Board at the time is unknown. But we do have to wonder: Why are things like this allowed to proceed in the first place? Did something fail in the Department of the Code Enforcement? Is the system not designed to catch these things in advance? In other communities, we know that when construction is out of town code, the perpetrator in question is told to remove the structure, or the town promptly removes it at the owner's expense and they can then re-apply for a proper permit. No one want to be drastic here, but in the case of this fence, pedestrians and vehicular lives are at risk, to say nothing of the precedent this fence has set for all beach roads throughout the town of Southold that, if allowed to stand, will allow all property owners to erect such barricades along beach roads. Wouldn't this time spent by all of those on this issue have been better spent on say, volunteering by its citizens, or on freeing Southold employees to get ahead of issues to prevent zoning mishaps rather than addressing them after the fact? Sincerely, Robert Becton Victor B own t C 794,,Ate 6 Sound Road 64 Sound Road 917-685-6605 631-477-1083 November 28,2005 Ruth Oliva Chairwoman, Southold Zoning Board of Appeals 53095 Main Road, P.O. Box 1179 Southold,N.Y. 11971-0959 Dear Ms. Oliva: Attached is a petition signed by the 67 Steps Neighborhood Coalition and those outraged and concerned about the fence erected under the direction of the owners at 160 Sound Road. The issues surrounding this petition are attached, so we will not reiterate them in this letter. You should also note that additional signatures are being added to this petition and will be presented to you shortly. Other residents have written Southold Town (see attached letters) expressing some of the concerns regarding this fence. • We have repeatedly asked officials in Southold Town when will the hearing take place regarding this fence. We have heard nothing from the Town only to find out via a call, made to one of the residents from the contractor who erected this fence,that the hearing is scheduled for December 19th,2005. Why have the residents not been informed of this hearing? • Why have the residents adjacent to this property not received the customary letter from the owner asking for their specific input and objections? • Why is the contractor now calling those who have written letters telling them he is sure a variance will be issued? And why is this contractor, who does business with Southold Town, apparently not even aware of the existing codes, and why has he not acted on this egregious installation when he has been informed in writing by the Town to that effect? (see attached letter) • Why are the owners of this property apparently ignoring this issue and failing to take responsibility? We are losing patience and faith in the process of Southold Town in enforcing codes and being able to address a situation in a timely manner. At this point we are also weighing our options to have the fence entirely removed based on what to us is a blatant disregard for the codes and safety of the local residents. We will reiterate again that the entire fence must be addressed, not just the section that is causing a traffic and pedestrian safety issue. Please advise us in writing of your response. V�ictto Brown Ro•-rt Becton J 64 Sound Road 66 Sound Road Greenport,N.Y. 11944 Greenport,N.Y. 11944 631-477-1083 631-477-2074 cc: Scott Russell,Supervisor, Southold Town(elect) Ed Forrester,Code Enforcement Officer,Southold Pete Harris, Superintendent of Highways,Southold Mike Verity,Chief of Southold Building Department The Better Business Bureau,New York Robert Bohn,Robert Bohn Contracting,Inc. The Suffolk County Executive Office of Consumer Affairs Josh Horton October 18, 2005 Southold Town Supervisor 53095 Main Road Southold,N.Y. 11971 Dear Josh: I have recently reported both to the Highway Department and to the code enforcement officer the unsightly collection of garbage(three large yellow bags strewn open) which had been left their since Monday, October 10th outside of the property of Geri Klein at 160 Sound Road. This trash was adjacent to the area just before 67 Steps. This trash has attracted animals and birds and is a major eyesore right next to one of the town's more popular and scenic sights. A neighbor pointed this out to the residents on Sunday, October 16th and they did nothing to attend to these bags since they obviously had been missed by their trash collector. The Highway Department also apparently elected not to pick up this garbage during their regular runs to the area. When I called this department I was passed off to the code enforcement officer, Ed Forrester. When Mr. Forrester finally returned my call, I was told that the Highway Department had been alerted to pick this garbage up in their next run. This did not actually occur until about five days later. My complaint is why do residents have to prod the Town to address these types of issues directly with the owner of the property, and why does the Town not respond to something that creates a sanitation and visual problem in a timely manner? It shouldn't be the job of a resident to contact multiple agencies to get a routine matter resolved. I am also astounded that Mr. Forrester told me that garbage left strewn along a road by a resident for over one week does not represent any form of violation, and that the Town can do nothing even if this situation happens again! What's wrong with this picture? Maybe it would help if the Town were to begin employing provisions from the"Broken Window Theory"as it clearly defines how inaction on such matters leads to bigger problems. Originally the owners placed garbage in containers, but apparently they realized the empty cans could not be placed back over their 6 foot high fence(another violation that we are addressing with the town). There certainly must be a more responsive and compliant manner in which the Town can address matters such as this. Please advise. Sincerely, 1 Victor Brown 64 Sound Road 631-477-1083 cc: Pete Harris, Highway Superintendent, Southold Ed Forrester, Code Enforcement Officer, Southold /14çE VEkts7 , c tog-6 ( 86tioti/vi 4b20-rfrs94.....25_65- 1).f2xil2 rh,t, i,Ce. 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Ekici ) 10.htN-dit.. ,c1-13:4 _ N_Qt 41;;-11 -cc44e 4774ToLoitis 14 -At OF-citi . efitti-x/f(44/,--(A)filktuv/k7 *4/9d lqW -1 - --- .,i -r-kEt5. rArTh, 77,41.).J. .s _f?ite-..oF,...L2./i4„ bic-f.D.Q.-64i I Owe 44L/' & hie /ik klAki_. fliti+miks -01 y_0(A1t, c4c .csicifocc-ttaru r'1 16.44. ilAitt/E&_ Nem-6 -' teiciut4ek .. f'7/77- 4193., ‘ C. (1 ----.- --- - ----- -- - ---- --------- -- - Victor-A. Brown i . .._ . ___ . . , __. _64-Sound Road - - - GreenpOrt, N.Y. 11944 ' VICTOR A.BROWN 64 Sound Road Greenport,New York 11944 631-477-1083 January 24,2006 Ruth Oliva, Chairwoman Southold Zoning Board of Appeals 53095 Main Road,P.O.Box 1179 Southold,NY 11971-0959 RE: G. Klein, 160 Sound Drive, Greenport,New York Dear Ms. Oliva, I would like to comment on some of Ms. Klein's curious positions and attitudes concerning her 400 ft. fence along Sound Road, adjacent to the 67 Steps beach front area. Most troubling is her insistence that she is distinctly justified in maintaining the fence determined to be of excessive legal height. She persists in demanding this right even when the fence was formally cited for code violation after it had already been constructed. Moreover, it is troubling that the fence contractor's variance application was (mysteriously) accepted even after the fence had already been disapproved by the Building Department. To even consider a variance in this sequence and"after the fact"is most improper and suspect. I would submit that this factor alone is adequate reason for rejecting this variance as applied for. While preoccupied with constructing a walled boundary to satisfy her need for privacy and security,Ms. Klein failed to notice how this fence barrier also cloistered those on its opposite street side. In fact,the now secluded narrow parkway between the street and the fence is actually encouraging litter-prone individuals to toss all manner of debris into the area.People are more inclined to litter now since they know the fence blocks any scrutiny by the property owners. The accumulation of food wrappers,bottles,household trash,and construction debris is far greater now than ever before the fence was constructed. Ms. Klein has, in fact, a vastly increased and virtually unmanageable amount of litter presently accumulating in front of her fence. Moreover,the fence's defiant appearance and high solid-walled construction has become at the same time a magnet and a canvas for unsightly graffiti. In fact,the fence has set an unfortunate precedent for this,until now, "urban specific"form of vandalism,hitherto unseen in this area. For our town to allow such an excessive height fence to be blatantly erected along a major roadway in clear violation of the town code could set yet another unfortunate(legal)precedent. For example,many other individuals at the ends and along beach front roads may soon feel that they,too, are entitled to high fences for privacy and security shielding along their roads and . f'. beach frontages.After all,it would appear reasonable to them that if those limited,part-time folks at the end of Sound Road can have such a fence,why shouldn't I, an established full-time resident,be any less privileged. Ms. Klein should take great pride in her unique and beautifully built home—a real"showpiece." Also,the property formerly had outstanding landscape potential of cascading,natural vegetation, especially along the Sound Road frontage. And,unfortunately, several mature trees have been destroyed along with natural vegetation being excessively clear-cut in preparation for her fence construction Also, earlier damage was done to a large number of mature pine trees which were carelessly transplanted from another location on her property with the haphazard intent of forming a natural barrier along the roadway. Inattention to these native trees and shrubs became a lost opportunity to create both an aesthetically pleasing and secure natural property boundary. Certainly,with Ms. Klein's apparent means, a more prudent approach would have been for her to seek the advice of a landscape architect versus a fence contractor to create the design for a pleasing,maintenance-free foliage barrier of lasting beauty—both for herself and for the neighborhood to enjoy. Now,more than ever, Ms. Klein could use such advice and direction. Maybe some of the damage to her vegetation can be salvaged. If she was willing to accept my personal suggestion,I could recommend the architectural firm of Samuels& Steelman who retain a landscape architect associate.As a long-time acquaintance of Mr. Samuels, I would be happy to introduce him to Ms. Klein. Finally,Ms. Klein's implication that any disturbance at the end of Sound Road has arisen ands escalated since she has occupied her property is totally baseless.Well before her house was constructed,I personally informed Ms. Klein, as did several adjacent residents,that the 67 Steps beach front was a very active and popular town road-end destination.I further informed her that as the new property owner, she could effectively assist in our neighborhood effort to rectify this on-going problem of litter at 67 Steps.Instead,her fence has now exacerbated this problem. As already indicated,it's distressing that such a clear issue of town code violation was initially ever submitted for variance consideration and subsequently allowed to utilize so much time from many of our busy town departments. It is also of concern that similar instances of code violations by the average property owner are seldom mediated,and usually refused outright,by the town. Yet, some of our more privileged residents receive special dispensation in this regard. Thank you in advance for your fair and unbiased resolve in this matter. Sincerely, /1----3,it 5....a.4).7„L____ ) Victor A.Brown TRANSMISSION VERIFICATION REPORT TIME : 03/28/2006 14:08 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BROJ3J726019 DATE,TIME 03/28 14:03 FAX NO./NAME 917186246905 DURATION 00:05:36 PAGE(S) 10 RESULT OK MODE STANDARD ECM i p� -""'!"'- :chaid Sfree Orient,1��n 125-3=43;' .' ` 1 'ig!+_EYAL+ ' .NICE. of, 1050AM.,GERIARMINEK,LEIN, \/ ��, #5853.•Request-after.withdtawmg-Ap-a� • ,r, j�� ;-�f�,+5�,,:;YP-eat-Not<Ss7A3tr1'or-a_�vansuce'underM� • Flu"='c. ,0- ry`F}'} r fora r.a' ria,• ,'tliet ,..,\,,.- �:s -'9oUTIio]iD' WN•_ Section r00-2311',based on 5fotidddtg""A "Y _,, ZQNING: ..,, >i pectoris A,pgust'15;,2005.FI2,*of• ,,., ., 30, 'r appro,,,,1,onc,„,,,a' rve„,,,,,foi,, t 'M`„R(^I" %» r.,.!.approvalof;ffen s'striictures t of ",ADDM ilD tAAL'" >),f,et („,;;. - w1iei 1-the code-hmalpng of four aedt -''i-=?OTICEIS ITERE GGNEN,ptir- ..,Ain 1 IocatedVP li alpng•S undtRoad,'/ 'saint to••Seotion 267,of the Town$4, G'ee0 o t CI' en run_d h':''''-''°F ' and,Clhapter100,(7ro_ning),Codets the= Greenport;C', 35241--352F'7,T K^S NoWn of Sontholdt thegf9,4,9*F,P11§tc =1.00,'P.M:;` ORIENT FIRE DIS- ••li'earings„�lill tie'held by),the,SOUT'I1-s '� obrA EL 7LAILoca1so 1_of `OL•D`TOW;N:.4ONIN'G{PBOAT ,,;OF z;'"Ppeity d.e SS 1ouseAar of•, :4BPEt,1,I,S•,at t Pi3OO M y Rha0;1Frient,Ce-i:45-1-1 •v`ih ,�Tow`n'.zHall;w53095iir�,� � aui?Road',l O. 1r 233QOrMaiit Itoad:Onent CTIv1"18-5-t )1? osti.iti,_Sou.w.P t rr k 4,.i t;.:.a:7. "'-`,- ,� -'iNpiiV:ki&1.971b9S9 ?...i-s138;'i,".,`a;` ,ht'stil;,: ;,':=a-,-t.•:r'�., ton r/'HI7RStDA`i5,- O` IRE,.sDI'PRI r I2Ct09-i �;:2s',..r: #Sieh 1 gNT;.g $..r.a • t 0.'"4:61 T. e'''R a v- =�-A�;T'Regpesvgii ii6;,craii'Ezceptio lwi ` e 30 ova air ana., ,•,. t;, ;I3eigli6"Yariguce tiasedlon)-the.Btsi;61v. GARDQtEL 852's�Requesi'--"z s ectosaa "`"" ,4 ffoi•2$'„.ati�`atl` tmd'er.Se`ctr , 0,,•,pi,s p• poric•i, /%1Fe'1VOQcyyof d o$'10U`OA3> r Itk'> 'based the$dsll In T Yx` -Di cetiui,'valt nre iset"lova 11;8;^2 the." V„ x p'ns'eetV;:an1t,'-`.€I-ItYC j,y'24_?20br- otic, x'`.<<Di`sapproval;d•s<,��ncetiiting-iicatieYtseddocatiou(Please;,l - lldedvPeb ier 6,20ok,co"ncetni g';t%"'�t&iE--;m ro acahodW ZBAr:r 08Platet;. ran ppliea{sgn fqi alteztatto to n uoo"i;egospprovalRund'm Z'e#5,4'08 12ted';F° _ dab table;atiic i �"�)""°-�=�'�`���31i�5"r�d��g�"- s emut%o#31215 - TRANSMITTAL WITHOUT COVER LETTER DELIVERED-3 07 /200 TO ZBA OFFICE 7/ S (o di- 690-r FROM: ,,/ RE: 4- .- d" J-3 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 8, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, March 30, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than March 23rd: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than March 23rd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us before the hearing date. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a�Town.Southold.ny.us Jayne.Martin(a.Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX o2/ a.-6 i 7 - D a.?o MEMO • TO: 444- /0--e-C- X ) DATE: 3/A.3/6 4 RE: Q .Y-, -J fi--Q- J M,S 6?"&3 (3/3o/6G y9,c � I, aetA/-)L t . /3-e-c.,Mt-) c,2,/ _ i .sem:-8. 4/.4_,Lic Y / ,,. ,„„_.L L. /r -\\• 0,/, N\\7/‘ _ 4C \ ,.�._ * X94 ,,is.,,,, 0# \_ - .. : or / Q j l.� ape 6 ` / 10 APPEALS BOARD MEMBEI•, �,i�' OF S�u�;= _ Mailing Address: Ruth D. Oliva, Chairwoman •' � yl '� Southold Town Hall O \ 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * * Southold,NY 11971-0959 James Dinizio,Jr. % �, ac . G Q � Office Location: Michael A. Simon �` ,���� �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �1'YCOU *V;"°•� 54375 Main Road(at Youngs Avenue) ., %'''� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 March 6, 2006 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead,NY 11901 Re: ZBA File Ref. No. 5853 (Klein) Gentlemen: We have an application for proposed construction on property adjacent to the Long Island Sound, and shown on the enclosed site map. The public hearing on the above variance application is being held on March 30, 2006. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA By: , i ,, 4 ',43,1144. ...7C-F,J-Tii A FL: , -., -Town --04 ,,-j th0-1-d ZiA, ,. 0.ri Q---. 1, ,i ,0 App Name-,---0 Tax Map- -,--0:file-No:. t.- i,_,IIsEm . ' Board'Member " Michael Simon ;;1' ' :LIILinliste Search D'OthQr ' ',Hearing Time12:5a5OPIV ,-,...7,. ,, , •,. ... ,1 , . . ..... ..-, ,., 1F:i1;NUMPeil5t3557--r-, Ta--- --;,--isia : 33• .:4- 5.2' l' ': , ' ' --7---•,, r I:': -" : ' ' ' . ''''' . ., 'i, : ' :'1, '''' '2,, ..'' „ ,„ . ,, ! App Name Armine-Klein, Geri 121, ReceivedDate rTwt-tot:,,,e,:FRiy—li91,-,,,,,--1 .., ,., IFtiaailet, Southold 'Type: :Residential i.Zone: fI ` Date fOrwarded_taThyvri,Clerk „.: 1-7157661:sy,,,,-,, .. ,..,. ,.... „ 1.: Status !Nifi 1,. : • Meeting Dates , -, Budding Dept :J' ew o 1"" i : Action .., , Location,1160 Sound Drive II.[ meeting Date. 11.ND-:Date:127157651" 1 'Hearing Date'1 3/30/061 ND Date 21 , SI16rt':- 6 ft front yd fence; 100-231 [r ,...„17-7--, ,•,,,.. __.,.. ,. ..,, 1 [I.Dpsc.: , r t Hearing Date 2 1 ____111-ND-„Date 31 , . -"-4 copy 11( . t 1 i. Hearing Date 3 r"---1'ND Date'47-11 -- ' 'z" '''' '' ' ' i*'.Hearing pate 4:f-11"ND Date 5J prior ZBA 5793 t i- -t.e, ,NOteS - --1 H Hearing Date5 [ Pate 6I----I, ,"', ,. 'I'd i-- ' Action bite:- le-7ml 4\ip.;bate 7 l' 111 ,, 2f23/O :‘2:12-:,.1.1.7.---0,C0 :CAM's, WIT:11f - , -.=. , 1:;16i0o*Fliy title§puth9icl:Ton,Dpiar.igcsing,,b0art9)0(if,j1.:,,,I ., . .5. ,. .. . 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I, New York Dote of ComoletIon PROPERTY MAR„i;0. , ----r-• •-„,j. ,-;•,i) v vt )) OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a Town.Southold.nv.us (631) 765-1809 (ext. 5011 or 5012 during recording) fax (631) 765-9064 TO: RO GG JD MS LKW DATE: / tg /06 RE: 0 ; #3b/a6 MESSAGE: (Correspondence or documentation related to the above for your information. ( ) Thank you. Pages attached: Mar 31 06 05: 56p armine 71P X74 6905 P. 1 Page l of 1 APR 3 20'06 1 ' GericindyzoNlN p OF APPEALS From: "Gericindy"<carmine70@nyc.rr.com> To: "Kowalski, Linda" <Linda.Kowalski@town.southold.ny_us> Sent: Friday, March 31,2006 4:21 PM Subject: Re: Reply to Geri Armine-Klein Dear Ms. Kowalski, thank you for your response. I will attempt to fax the letters again and will send 7 copies in the mail as soon as possible. Any idea how long it will take the Board to come to a decision? Thank you again for all of your assistance. Geri Armine-Klein —Original Message-- From: Kowalski, Linda To: Gericindy Sent: Friday, March 31,2006 9:06 AM Subject: RE: Reply to Geri Armine-Klein Dear Mrs. Kelin, Our department's automated reply email to you yesterday suggested the sender contact the ZBA office representative 765-1809 directly. Faxes are not acceptable on the day of the meeting because the hearings are in progress at the Town Hall building (hand delivery at the meeting would have been appropriate through your agent or other method). Also the attached are not able to be opened by email, not sure where the block is. Please send seven (7) copies by mail as soon as possible for distribution, in addition to the fax. The fax will be operating shortly. Thank you. Linda Kowalski Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 ext. 5011 (alt. 5012) fax 765-9064 --Original Message From: Gericindy [mailto:carmine70@nycJr.com] Sent:Thursday, March 30,2006 2:41 PM To: Kowalski, Linda Subject: From Geri Aramine-Klein Hi Linda, I have been trying to fax these documents to you for 2 days, but your fax has not been picking up. Please incorporate this information into the record. Thank you, Geri Armine-Klein I � J� 3/31/2006 • r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT l r2�r liC c nA (r-\ c S � � OF MAILINGS (Name of Applicants) CTM Parcel #1000- - - � �.__ }, x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ecc "Gr< enc rXV,-e_c:residing at A0 Vl►e w`(� (l2-0 t ,New York,being duly sworn, depose and say that: On the 2,, day of IAA U ,900() , I personally mailed at the United States Post Office in n9.0 i‘JL, ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(4Assessors, or( )County Real Property Office ()a L al b, , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) SworAto before me this y of t , 200(e KAMAL P. 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OPERTIES NOTICE -_.`.,ow.-,, COUNTY OF SUFFOLK © K SOUND TO5NOF SOUTHOLD SECTION NO 45TRICTS: .'.$ A'b':,, MAINTENANCE,ALTERATION,SALE OR .f4® a'.Real Property Tax Service Agency v .LANG 035 DISTRIBUTION OF ANY PORTION OF THE p:®. � e �i LONG MACE OF 0 33 3 SUFFOLK COUNTY TAX MAP IS PROHIBITED "• :�C 1 w,: County Center Riverhead,N Y 11901 .Jl J SCALE IN FEET H 034 WITHOUT WRITTEN PERMISSION OF INC •'0.�tc,,,40,•9!_ zoo 0 m° 100 A IEMI 040' ''' REAL PROPERTY TAO SERVICE AGENCY. ,- I 1111111 PROPERTY MAP TO: Property owners adjoining 160 Sound Drive in Greenport FROM: Geri Armine-Klein, 160 Sound Drive,Greenport,NY 11944 (917)974-4492 RE: ZBA hearing date of March 30,2006 DATE: March 20,2006 Please be advised that a hearing on the variance request regarding the fence height is scheduled for Thursday March 30,2006 at 10:50 AM,as set forth in the enclosed Notice. Also enclosed is a current survey which indicates the area of the variance,from Point A to Point C on the survey. Also,for your information,the survey indicates the corrections that were made to the fence along the section of Sound Road where no variance is being requested,from Point C to Point F. At • altsete%42,„ Geri Armine-Klein i r p II� EXHIBIT 2 fSLAND SOUNDi __oil", 6YAlEM EDGE O. i--- — / --!`SCD--„ tee- 1 V!—•,.` Ci( X , ,) q ==:::::, - N. - ". ------ -------35.0-<•. 41 9 I 11 11 1 1 1 Pi \ \i \ D i \ 4IT _� ,n 3 \ ' 'E \'i ,• \ 'o.'' \ K1 FORMER DATER D oo uI,\\ EASE1ENT VER WITH 49 c6 \ C.� .A. IF AD eV.,4,. St T-, -1-- _, A v.- ,,,... .....--- , . 4 4 ,,, _,..---,.,\. .p, 8\ 4Z fai Ilk is 4 ri I I I I I I 10 VI kli I III I L I I IMI 111r., ,4 Til Ilik- I I I my lowi c. \ 4 4 \ifit if re 0 ire D - ., S 35.0 sO %1 \ `\\1p A, \ \ 3 y�� \\ c5t 92 VA c* v ®\ %® v m \ l b_—9' �.P_ 4) CD o 7 tea. .. 4...,,L...\ \c*C%%i� a \ 111 A ;,1- ,'''. ,,,, .: \I b it . • d s Zr •41111) F0 ° a / \ \ �t 90���` �-` �✓ - ---�` 30.6 \/ cJ .:t \ • EP FOIE o .�' 9.7 \ • Zd90.00° \ ---s-o-wv-B BR i- -I'——"IT‘ °.--:1'.--———'----\\\ 2—\''r \ VEY BY R.TT1TI - e )PNCE) \ 17 DATUM \ /ALS ` \ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold,.the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. i3ox 1179, Southold, New York 11971-0959,on THURSDAY,.MARCH 30,2006: 10:50 A.M. GERI ARMINE KLEIN #5853. Request, after withdrawing Appeal No. 5793, for a variance under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of fence structures that will exceed the code limitation of four feet when located in or along a front yard, at.160 Sound Avenue and Sound Road,Greenport; CTM 33-4-35.2. The Board of Appeals will hear all persons,, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements-before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: March 7,2006: ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of AFFIDAVIT ����` ✓�` S� 2) OF SIGN 4"` POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 3z, - y - 2_)s—°.; X COUNTY OF SUFFOLK) STATE OF NEW YORK) I kc M c Kte residing at (9 ►U t w °Ac (RA ,New York, being duly sworn, depose and say that: On the j q day of OA, c ,' (9 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has r. ained i plane for seven days prior to that date of the subject hearing date, which hearing date was shown to be M 3 O 11 (Signature) Swotn to before me this d day of m , 200 6 KAMAL P, SONI 'rotary Public. State Of New York No.01S06089949 Qualified in Kings County (Notary Public) Commission Expires Marcn 31, 2007 *near the entrance or driveway entrance of my property, as the area most visible to passersby. L s 1 c ( U e r + c /1A—e_ $ 1)C kLe, 0 rD e r4.