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Home My WebLink About4536INDEPENDENT GROUP HOME LIVING S 61 PROGRAM, INC. B1 3 52550 Main Rd. Lot 1 Southold, NY #4134 PH (group residence) ll/ /92 8' high fence /9 #� ;%•t' 34' � x15 �l �,�"� i0��f — ghc�t'cs �v�. �,. ��do � . Y�,r i�,� te, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning O��gUFFO��-Co� o� y` Go at W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION SPECIAL MEETING OF MARCH 3, 1998 Appl. No. 4536 - IGHLP, INC. Parcel 1000-61-3-1 STREET & LOCALITY: 62550 Main Street, Southold. DATE OF PUBLIC HEARING: January 22, 1998 (verbatim portion concluded); and February 26, 1998 (written portion concluded). FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property is located on the southerly side of Main Road (a/k/a State Route 25), and the easterly side of Oaklawn Avenue, Southold. This property contains a total area of 15,920 sq. ft. and is located in the Residential -Office Zone District. The survey map submitted under this application shows that the subject premises is improved with a two-story dwelling and detached, accessory two -car garage which is located approximately 3.5 feet from the easterly (side) property line and 75+- feet from the southerly (rear) property line. As a corner lot, the rear yard has been established pursuant to the provisions of Section 100-232 with the existing location of the accessory garage into the southerly rear yard. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 10, 1997, which reads as follows: "...the proposed inground pool will exceed the allowable lot coverage by approximately 273 feet. the proposed is located in an R -O District and has an allowable lot coverage of 3184 sq. ft. Based on a calculation of 15,920 sq. ft. divided by .20 = 3184 sq. ft. With the pool included the lot coverage of all structure is approx. 3457 sq. ft. Article VII, Section 100-72 .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: A lot coverage variance of 273 feet for a proposed 16 x 32 ft. swimmingpool. The original application at the time of filing included a location of a swimmingpool 18 feet from the front property line along Oaklawn Avenue and 25 feet from the southerly property line. At the January 22, 1998 hearing, applicant's attorney submitted an alternative plan increasing the setback from Oaklawn Avenue, at a minimum of 42 feet (instead of 18 feet), and at 15 feet from the easterly property line and 22.5+- feet from the southerly property line. The pool will be surrounded by a full fence enclosure to meet the code requirements, and the area between the fence and the pool is proposed at grade to meet code. Page 2 - March 3, 1998 Meeting Appl. #4536 - IGHLP (Lot Coverage) ZBA Decision Re: 1000-61-3-1 REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the location of the swimmingpool is in the rear yard area. Lot coverage exceeds allowable limit of 20% by approximately 273 sq. ft. The construction of this pool with appropriate landscape buffering on both Oaklawn Avenue side and the south/east side will not disrupt the surrounding properties that are contiguous or adjacent to this parcel. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because this parcel consists of 15,920 sq. ft. which s nonconforming as to size and consists of a large dwelling that has been in existence since prior to zoning, 50+ years. The granting of this variance is the only way the owner can achieve this relief. (3) The requested area variance is not substantial at approximately 2% of a variance. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this parcel is substandard in size and the proposed construction will not disrupt the orderly function of the neighborhood. (5) The variance is not self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Appropriate buffering around the swimmingpool on all sides shall be be placed; buffering shall be either a six -ft. high stockade fence, or four -ft. high stockade fence with 3-4 ft. high live plantings maintained at all times. 2. Stockade fence shall be placed with the good side facing towards adjoining properties and Oaklawn Avenue. 3. Cars on site (employees' cars included) must be made available Page 3 - March 3, 1998 Meeting Appl. 44536 - IGHLP (Lot Coverage) ZBA Decision Re: 1000-61-3-1 and utilized as much as possible to prevent hazardous conditions. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, and COLLINS. (Absent were: Members Tortora and Horning). This resolution was duly ADOPTED 3-0). -7 -7 GERARD P. GOEHRINGER, HAIRMAN -Approved for Filing 7iiiiiitRtitiittYfiiitk7ik#i■ as400/actions.all/ 61-3-1 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 26, 1998 at the time noted below (or as soon thereafter as possible): 6:35 P.M. Appl. No. 4545 - RONALD J. YEDLOUTSCHNIG. Request for Variance regarding "as built" (existing) location of open deck addition for which an application for a building permit was disapproved by the building inspector on January 29, 1998 and which Disapproval reads as follows: "_under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non -conforming setback of 42 ft. +-. Action required by the Board of Appeals...." Location of Property: 250 Bernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 sf. 5:40 p.m. Appl. No. 4546 - HERBERT SCANNELL and SARAH REETZ. Request for Variance based upon the February 2, 1998 Building Page - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals inspector's Notice of Disapproval (and Stop Work Order)- regarding pending Building Permit No. 244712 and reconstruction and replacement of single-family dwelling with nonconforming setbacks, Article =V, Section 100-242 < (ref. setbacks under Section. 100-244B) of the Zoning Code. Location of Property: 955 Cove Circle, Greenport; CTM #1000-49-1-16 and 17 (as one lot). Lot size: .69 of an acre. 6:45 p.m. Appl. No. 4538 MICHAEL RAND. Request for Variances based upon the December 29, 1997 Notice of Disapproval regarding a building permit application to construct - a three -car accessory garage, which reads as follows; ..Under Article IIIA, Section 100-30A.4 accessory buildings are to be located in the required rear yard. Since' SCTM #1000-14-2-10 and #1000-14-2-11 also known as Petty Bight Subdivision Lots 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115 sf. 6:55 P.M. Appl. No. 4541 - RUTH LEONARD. Request for a Waiver under Article II, Section 100-26 based upon the Building Inspector's January 7, 1998 Notice of Disapproval which reads as follows: ".--Both parcels being located in an R40 Zone: Tag Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article 11 100-25C... See attached Page 3 - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals determination by Town Attorney...." 755 and, 795 Cedar Drive, Southold, NY_ 7:00 p.m. APPI. No. 4540 - MELISSA SPIRO. Request for a Waiver under Article II, Section 100-26 based upon the building Inspector's January 6, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R.40 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 ` are merged. These parcels do not meet with the exceptions as specified under Article II, 100-25C... Note: See attached determination by Town : Attorney which states that lots are not excepted ...." Location of Property: 340 Glenwood Road and 295 East Road, Catchogue. CTM Lot 11.2 of 40,000 sf. has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision) . 7:05 p.m. Appl. No. 4543 - ALICE KONTOBOSTA. Request for a Variance based upon the Building Inspector's December 24, 1997 Notice of Disapproval which states that "...application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved an the following grounds: the existing nonconforming building containing a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (506) of its fair value shall not be repaired or rebuilt unless such building is made substantialy to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100-244 and 100-239.4A). Page - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals Location of Property: 54155 C.R. 48, Greenport, NY; parcel ID #10:0-52-1-2. 7:15 P.M. Appl. No. ,4537 - REQUEST BY SOUTHOLD TOWN BUILDING DEPARTMENT dated January 6, 1998 for "Generic Town -Wide Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and will, not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply...?" 7:40 p.m. Appl. No. 4466 HAY HARBOR CLUB, Fishers Island, continued hearing at request of applicant's attorney. 8:10 P.M. Appl. No. 4535 - WILLIAM and PATRICIA MOORE as contract vendees. Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential -Office. 8:15 p.m. Appl. No. 4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (Verbatim portion was concluded on 1/22/98. Proposed Resolution to close the written portion of this record. 51550 Main Road, Southold, NY; 1400-61-3-1. Page Jr - Legal Notice Meeting of February M, 1998 Southold Town Board of :Appeals The Board of Appeals will at said time and place bear any and all persons or representatives desirIng to be heard in the above application or desiring to submit written "statements before the hearing ends- The hearing will not start earlier than designated_ The file is available for review during flown Hall business hours (8-4 p.m-)- If you have questions, please do not hesitate to call 765-1809. Dated: February 10, ,1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman g FORM NO. 3 TOWNOFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL n DATE_ DECO Hovember.70, 1997 To Filirp.SWjWjpg. Pppl. Seryice_ Inc ......... 66 Montauk Hwy. PO Boa 40 ,,f E_.,Moriches� NY 11940 Qj1}fi d -, -T &cf`. PLEASE: TAKE ..NOTICE:that your application dated ...... 1997 .... for permit to insta3.Y pp. inground_accessory pool_ at Location. of Property. .5255.0.XxiP..5t.............................Southold••, ...... House No- Street Hamlet County Tax Map No. 1.000 - Section --- 51...... BLOCK ----- 03.... LOT 9j ......... Subdivision ------------------------------- .................:...... Filed Map No. ......... Lot No. ....... is returned herewith and disapproved on the following grounds the_proposed_.inground pool will exceed the allowable lot coverage by approximately 273ft. The ........................ property is located in an R-0 District and has an allowable lot coverage of - .......................................... -................................................. 3184 sq. ft. Based on a calculation of 15,920 sq. ft divided by .20 = 3184 sq. ft. With the pool included the lot coverage of all structures is approx. ...................................... 3457 sq. ft. Article VII 100-72- Action required by the Zoning Board of Appeals. .................................................... ......_................. --------•---•-•----•---...----••--••--•........................................._.... /G1:NSPEC71OR �................. B )DI RV 1/80 ILD OF. HEALTH _ „ - t.,�✓ FORM NO. 1 3 jS OF PLANS ............... .- .- TOWN OF SOUTHOLD Si�ri�VEY . , , _ . - ;. BUILDING DEPARTMENT CBECK .... - . • - ( SOUTBOLD, N.Y. 11971 YPTIC FORM ................... ,C ,TOWN HALL S TEL: 765-1802 NOTIFY: q CALL ..................... I _, 79_... MAIL. TO :............•._._...> Examined.....,..,...a�,- 19;._. Permit Nn...:_...___ .......................... ....... Approved.-.`_, _......,... Disapproved a/c"T F .... ! U<r'''. ?r`J '..... ............ ... _...........;. ..... (Building Inspector) APPLICATION FOR BUILDING PERMIT .Date................119..... . 'INSTRUCTIONS a. .'Buis application must be completely filled in by Lypewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plotplan to scale. Fee according to schedule. b. Plot plan slxuwirrg location oflot and of buildings on,premises, relationship to adjoining premises or ,public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is wart of ibis application_ c. The work covered by this! application may not be commenced before issuance of Building Permit. d. ,Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. . e. No building shall be occupied or usedin whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector.' APPLICUION IS HERD ME to the Building Deparbreut for. the issuance of a.Building Permit pursuant to the Building 8cme.ordinance :of the Town of Southold,. Suffolk county, Ncw York, and other applicable lawn, Ordinances or Regulations, for the constriction of buildings, additicros or alterations, or for removal or demolition,. as herein described. The applicant agrees tocomply with all applicable laws,ordinances, building code, housing code, and regulations, and to admin authorized inspectors on. premises and in building for: necessary inspections. Vld�+d !W l ivl+vt<✓� .. l .QY.1 Vf(V u C viC.. (Signature of applicant,'dr name, if a corporation). C) Bax LAG :E4-:s�Hot, cwes, ................ •••-- (Mailing address of applicant) _ State wbeU>er applicant is owner, lessee,agent, architect, engineer, general contractor, electrician, plurber or Wilder.. . .ieCcads?. ................................. PP 5 ................ c�2 else Nerve owner of of -premises ...,,... .... �..,.,.,,'�� , _..... .-. _,.... ................. (as on the taxroll or latest deed) Tf ap{I'cart is a co�oniV3ature.of duly authorized officer. (Name and title of corporate officer) Builders License No. Plumbers License No_ ......................... Electricians License No . ..................... Other Trade's License No.`. ..... ........ c 1. location of land on whicli proposed work will be done..... .sa • ,..:,incl---............:.-..... . ....�?5:.:. k%ictr�Ae ...................... ..•....... ............... : _...... ..'.. Ikrose Number Street // Iiaalet Ltunty Tax lisp Na. 1000 Section .......... Block ...... .3....... lot ,,._t ........... Subdivision ..... ...................... .......... riled Tap No:..,,..,. ............... Lot ............... (Name) 2 State existing use and occupancy of premises and intended use and occupancy of .proposed construction: qp _ g a- Existing use and occupancy ._C?t�Q. r-tY`."t� .. .!4}yt^G..!r...e4?Yi.''?'tli '. .,f�ESicyCV�C�_:QS.• 7�t� 4 Intended- Inteed use and occu -Z�S.(Q'=!` ,._�u.yt!Krn<nS j�0^l��_�.-u-.? r�._.. W'"? _S.4Ftr_LrurtGir✓t 6 Code . 3. O"Inre of cock ((:Iwc:k t`Aiidt applicable) New. Ikaildiay; ......._ Aaklition ..... Altergtlon . Ih:lxrir............. Rellmal ...... Dolul iLion ............ Ober Work Weser iption) 4. GsLiumledCost..�yl.(QUd�?� .fee ...................................._.......... (to lie paid on filing this application) 5. 1f than((ing, ranleer of duelling units ............ )Hrnl>er of. Ak lling units on each floor ................ Ifgarage,onl>er of cars ...................................... 6. If Ixcsiness, con ercial or mixed occuleancy, specify nature and extent of eadn tyle of use. ...................... c.t f i 7. Uinensioes of existing atn:tures, if any: Froit....:... Bear ......[k=pth . ....I......... height ......................... Mnlier of Stories .....:.Z .............. Dimensions of sane stricture wil-h alterations or aaklitious: Front ............... Bear ............... Depth .................... IleiglnL Midler of Stories ............... it. Dkensio sAf. entire new constnx:tion: 1?root Rear Peptln .............. Ik:il)eC ..... Nidxar of SLorces .......... ..... O BS.00' 7y.b'0' 0,00 9 Size of 101: Front ............. Rear Depth .................... 10. "Ile of ljrrcha:a: .......:............. rLine of 11oruer Owner ........................................ H. 7txie or ueie district in cAaic:in prenises are situatec1............................................... IL .Ikons prolx>.veal construction violate any zoning lau, ordinance or ret,elation: ..............: ...:::,:. 11. Wi 11_lot lx_ .vegraded..................... Will excess fillbe renrnvecl from promises: 14. .Nares of Owner of premises :......._.................. Aaklress .............................. 17eoefe lk>. ;... Nave of Ard>itect ......... luklress.c............................FIeone MI. Wine of Contractor ...................... fvklress................................ 11Kxee No. .............. 15.is this pruperLy WiLhin 300 feet of a tidal wetlaixl? * YES N3 ..X .... *IF YRS, ammm gum imstmi Pimirr HAY RG RFli1NR171.. - r'l.o'r DSAGiwt lsx:ate clearly aaxf distinctlyall buildings, ahe[her existing or proposed, arael ilxlicate all suet -back dimensions fmu prolxarty lines. Give street and block nrd>er or description. accorrling to deed, and sleow street nares arxl indicate cd:etlier interior or corner lot.. e 4e QAIN1Y U 2SItr'fULe ...{., :....... Ixeing duly sworn, delxoses mxl says that he is the apps icant (N:ni: of uklividual signing ccni a) alxive Iniiixl, y�AA.�Jj,,aa/�� 1�pp Ik: i:; ....... .......... ....................... ((kmntraclor, agent, corlx)raLeofficer, etc.) of, ::aid omer, or ownews, Mitt. is duly ouLhorizcnl to lx:rfonn or have Ix�.a formed thesaid work mill to anke aixl file oris �. application; than: all staLeueuts co)tainxxl in this application are the to the Inest of his kexmiedge. and lx;lief; ;uxl Ihat. the cxnk will lx; Irerfomiallin the uvmuecr set forth in the apps icntion filed therewith. `ixnn to ll//e��fllorc mr. this .........IS1.......da ci: :'..:4f�Y". ...19.!. rblary Adllic ... .. ....rte` (-... .......: (Sigoatore of Applicant)•'. . RAYMOND STEPHEN GAtIJ Public State �Y MNew York No. 01GA464Si39 4ualiRad In Suffolk Gouoty AWN OF SOUTHOLD, NEW YORK t�al 9) APPEAL FROM DECISION OF BUILDING INSPECTOR S APPEAL NO ,TA 21999 DATE` :. t..... 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTFjOLil, N 1, ZNDEPENDENaQr1E..LT.VJWG..PL1.QGEAM.1....MC.... 41CHZ Name -of Appellant Street and Number 62 Pine Street, East Moriches, NV ........................................... ......... ......................................... .................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .............:: 9/10/97 ..................... DATED ................................................ WHEREBY THE BUILDING INSPECTOR DENIED TO PINTO SHIMMING POOL SERVICE, INC./ INDEPENDENT G120UP HOME„LIVItC„,IQG.BAM INC. Name of Applicant for permit of 66 Montauk UFthw a..Pro.....$RA..!+Q.>...EF7SJ..RIAx] kli<5.,...[.X.....11940 Street and Number Municipality State ( ) PERMIT TO USE, (x) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 5„,Msli,p„Apad N .............. Street /Ilamle/ Use' District on Zoning 'Map District 1000, Section 61 Block 031-ot 01 INDEPENDENT GROUP HOME LIVING :.. :.. Current Owner PRO( Al MM INC. Mop No Lot No. Prior Owner DR, CAMPBELL 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII Section 100-72 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No.................................Dated...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that premises currently used as a community residence for the adult mentallv handicapped. Owner wishes to provide an inground pool for the exlusive use of residents. Required pool (16' r 32"• Would result in allowable lot coverage being exceeded by anproximately 273 feet. It is submitted that said variance is the minimum and should be granted. Form zB1 (Continue on other side) r-. REASONS FOIL AJILA VARIANCE ONLY (to becompleted by applicant) {for "use variance" br se1)o not rise these cial` exception." (Also aLLach sheets if necessary, with signatures.) 1. An undeSirdble change will NOT be produced in the character of Lhe neighborhood or it dot_r.imenL Lo nearby properties, if granted BECAUSE; The residential character of the neighborhood will remain unchanged by virtue of pool construction and use by residents of the ,premises. 2. The benefit sought by.Lhe,applicanL CANNOT be achieved by some method, feasible for Lho'applicant .to pursue, other than an area variance BECAUSE: There are no similar facilities within close_ proximity for use of the residents. To transport the residents to area beaches wouldibe costly and present a more difficult situation to contain. 3. The amount of relief requested .is not substantialBECAUSE it represents approximately a Nine '(9'o) per cent area variance and will not affect the character of the community. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions .in Lhe neighborhood or district BECAUSE it is consistent with the residential character of the community. y 5. Has the alleged difficulty been self-created? ( ) Yes. (`x ) No. 6.. 9111is is Lhe minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safeLy and welfare of the community. INDEPENDENT GROUP HOME LIVING PROGRAM, INC. WIWI% OF NEW YORK) COUNTY OF SUFFOLK) BY: (Applicant) WALTER W. STOCKTON Agent must attach written consent from owner. Sworn to before lire this 31 day of D e , // fig _-_— **sem**t*�**:***:��** txtlk/form.var/temp MARY PUBLIC, State of New 9btt 52-0096585 • Su C �Ilrlsiotr Exptrerres I3r r c E i.�', ilr'N�i ilf i»•�';er t:'f`'rLf�A t i i 9 1 SYf�d c tush' fk�v r ,7srLY+ !Y aII 1 -w i' >� 1+`c(i!lki4l�dfk�. .il Y s la.,\i y /t� !h " •.. 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Fi�� ttrt"C �{S" N�, ✓ �'�W—�^/�°' F•t 4ia { : + \ -r i'+� t + L iJ 3'4 �Y � 'IPa �iV Jdkla. zl,/ ,v f S.`�'i h�d 4r°F�YiY v�C �.ha illh,t vA d, sy SJrui a,, .�-"Z.A P Y , .i'i'{j t WOOD 1 FENCEQ a 3S' FE. 20.3',_�iAE a 2 CAR. FiCKET FEN. n GAR. ry 20_;' Q w� S 6t' 30'00. W. til/O{F LICA FISCHETTI AREA = 15,920 SEI. FT. prepared in aCCordat" with the rmninut°t. standards for title surveys as estabUhal uy the L. 1. A. L. S. and approved and adopte3 for such use by The New York State Lond Title Association. b w r MAIN RpgD ' W (.A/K/A N.Y. STATf Q J HfGHfyAY ROUTE 25 N. 600 54"00"E j _ _O N $5.00 ' O a O C? 0 o O O O all O O O O 2 v f Mi O 1 Z N 0 o v io t3.z• ;, 11.3' O _, m zap' -- S N N o O. 44' H.. 20.4' W L4' ti CONC.SLAB 2 STY_ FRAr4E ts.1 Z ,p HOUSE -BRICK N n BARBECUE Y 2 uj N0 i7.7 } 44.6" N /X GONG. Q SLAB a J t WOOD 1 FENCEQ a 3S' FE. 20.3',_�iAE a 2 CAR. FiCKET FEN. n GAR. ry 20_;' Q w� S 6t' 30'00. W. til/O{F LICA FISCHETTI AREA = 15,920 SEI. FT. prepared in aCCordat" with the rmninut°t. standards for title surveys as estabUhal uy the L. 1. A. L. S. and approved and adopte3 for such use by The New York State Lond Title Association. b Z W Z Q J 0 O n> _ _O N O a O C? 0 o O O O O O O 2 v rtY ' M Z t WOOD 1 FENCEQ a 3S' FE. 20.3',_�iAE a 2 CAR. FiCKET FEN. n GAR. ry 20_;' Q w� S 6t' 30'00. W. til/O{F LICA FISCHETTI AREA = 15,920 SEI. FT. prepared in aCCordat" with the rmninut°t. standards for title surveys as estabUhal uy the L. 1. A. L. S. and approved and adopte3 for such use by The New York State Lond Title Association. Q3W. 0.3N FEN. 0.4'N ,w ?4.80, a �4w VU 02 Y�/Y� SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000 - 061 -, 03 - 01 SCALE 1" = 30' MAR. 22, 1988 { CERTIFIED TO COMMONWEALTH LAND TITLE �' fo 4g O4 S. LIC. N0.49668 INSURANCE COMPANY PEI RS 8 ENGINEERS, P.C. SOUTHOLD SAVINGS -BANK Cit` I 1G5 , - � 5020 JOHN CAMPBELL I . 0.! 909 VIRGINIA CAMPBELL MAIN ROAD SOUTHWD, N.Y. 11 971 o.K. 88 —195 Z W Z 3.2'N 0 O n> _ _O N O a O 44' 0 o M O O 2 Q3W. 0.3N FEN. 0.4'N ,w ?4.80, a �4w VU 02 Y�/Y� SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000 - 061 -, 03 - 01 SCALE 1" = 30' MAR. 22, 1988 { CERTIFIED TO COMMONWEALTH LAND TITLE �' fo 4g O4 S. LIC. N0.49668 INSURANCE COMPANY PEI RS 8 ENGINEERS, P.C. SOUTHOLD SAVINGS -BANK Cit` I 1G5 , - � 5020 JOHN CAMPBELL I . 0.! 909 VIRGINIA CAMPBELL MAIN ROAD SOUTHWD, N.Y. 11 971 o.K. 88 —195 wry COUNTY .OF_ SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING March 13, 1998 Town of Southold Zoning Board of Appeals I MAR STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING 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 a disapproval. Applicant(s) Municipal File Number(s) ✓Independent Group Home Living Program, Inc. Kontokosta, Alice GGN:cc C:\111CCXZONINGXZONING\WORKING\LDSXMAR\SD4536.MAR 4536 4543 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 ■ FAX (516) 8534044 OFFICE OF BOARD OF APPEALS 53095 Maiu * Road. Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823. fax Pursuant to Artl.cl a XIV of the SUffalk Q altt7 Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to -the Suffolk County Planning Ca=issi= X Variance from the Zoning Code, Article VII , Section 100-72 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No:f 4 g6 Applicant: Independent Group Home .Living Program, Inc. Location of A�fected Land: 52550 Main Road, Southold; N_.Y. 11971 County Tax Map Item No.: 1000- 61-3-1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XC State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Paris or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Orainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of -a Nuclear Power Plant Within One :dile of an Airport Comments: Applicant is requesting permission.. to Inground swimming pool. Copies or Town fine and related documents enclosed for your review. \ D a t e d: /�?� /�� /'998 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora . Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD March 6, 1998 Harvey A. Arnoff, Esq. 206 Roanoke Avenue Box 329 Riverhead; NY 11901 Re: Lot Coverage Variance (IGHLP) Dear Mr. Arnoff: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Please find ' enclosed a copy of the Board's determination of approval with conditions rendered 'at the Board's March 3, 1998 Meeting. A copy has been forwarded to the Building Inspector's Office as a follow-up request -and update on the initial application for a building permit. You may wish to contact the Building Department directly at 765-1802 to request issuance of the necessary permit (before commencing any construction activities) . Very truly yours, Linda Kowalslfl Enclosure Copy of Decision to: Building Inspectors' Office Original filed with Town Clerk's Office V_a,� L'Ar-,t -A z 16 /7,f- (C&�� a,-') Law Offices of HARVEY A. ARNOFF 206 Roanoke Avenue P.O. Box 329 Riverhead, N.Y. 11901-2794 516-727-3904 Of Counsel: Fax No.: 516-727-3940 Edgar Hills February 20, 1998 \1 �` r Town of Southold Office of Board of Appeals FEB 2 3 �, J 53095 Main Road Southold, New York 11971 RE: Appl. No. 4536 - IGHLP Dear Sir: Enclosed for your information and review, please find copy of correspondence dated February 18, 1998 from Joseph Fischetti regarding the above captioned matter. undersigned. HAA: dr Enclosure If you should require any further information, please contact the Very -�I�p-��r,-c;i•iJ�Zl� .�l.s',paol��:+..- ✓. U`-�,vl(�.�• iL!1 ��(.1�� ✓/'u-�.rIL From: Joseph Fischetti, P.E. Voice # 516-765-2954 To: Harvey Amoff Date: 2/18/98 Time: 11:51:08 AM PROFESSIONAL ENGINEER HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 516 - 765-2954 Gerard P. Goehringer Chairman Town Board of Appeals Town of Southold Southold, New York 11971 FAXED Dear Mr. Goehringer, Page 2 of 2 February 18, 1998 Annl-# 4536 / IGHLP � FEB3JL '� I have received the new location layout for the swimming pool for the above referenced application. The correspondence I have received from Mr. Arnoff indicated that in addition to the required fencing around the pool, There would be screening of the pool and the fencing on the Oaklawn side and the side facing my property. While Mr. Arnoff did not define what the screening would be, I assume he is talking about a landscape screening. If that is the case, the screening should be designed by a landscape professional and become part of the approval of the application. With the new pool location 15 feet from the eastern property line and a properly designed landscape screening, the new pool should be in keeping with the surrounding area and should be approved. cc: Harvey Arnoff Very ly o r 5 Joseph Fischetti, PE For Linda Fischetti HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, N.Y. 11901-2794 516-727-3904 Of Counsel: Fax No.: 516-727-3940 ' Edgar Hills February 23, 1998 Via Facsimile & Regular Mail Town of Southold Office . of Board of Appeals 53095 Mair Road Southold, New York 11971 RE:, Appl., No. 4536 - IGHLP Dear Mr. Goehringer and Members of the Board: I have spoken with my client with regard to the concerns of the Board and Mr. Fischetti. It is our intention to screen the pool from the street, as well as Mr. Fischetti's house using appropriate landscape material. Should you require any further information, please feel free to contact the undersigned. PROFESSIONAL ENGINEER HOBAFIT ROAD r` PO Box 616 SOUTHOLD, NEW YORK 11971 516 - 765-2954 Gerard P. Goehringer Chairman Town Board of Appeals Town of Southold Southold, New York 11971 FAXED Dear Mr. Goehringer, CZ °ULl�_d� rood I s February 18, 1998 Appl # 4536 / IGHLP I have received the new location layout for the svvinnning fool fSr the above referenced application. The correspondence I have received from '.,Vfr. _iT7loff itldicated That in addition to the required fencing around the pool, There would be screening of the pool r,and t'il;: fer�chl" on the Oaklawn side and the side facing my property. While 'Mr. Arnoff did not define vd-tat the screennig would be.. I assume he is talking about a landscape screeriey. If that is the case, the screening should be desicmie'U, by a landscape professional and become part of the approval of the application. With the new pool location 1-5 feet frons the eastem property lisle and a properly designed landscape screening, the tne" pool slitL:ld be in keeping Leith the surrounding area and should be approved. cc: Harvey Arnoff Veryily Yo rs. Joseph Fischetti, PE For Linda Fischetti Of Counsel: Edgar Hills Law Offices of HARVEY A. ARNOFF 206 Roanoke Avenue P.O. Box 329 Riverhead, N.Y. 11901-2794 Office of Board of Appeals 53095 Main Road Southold, New York 11971 Dear Sir: 516-727-3904 Fax No.: 516-727-3940 February 12, 1998 RE: Appl. No. 4536 - IGHLP In response to your letter of February 11, 1998, please be advised that I have, in fact, given notice to Mr. Fischetti on January 27, 1998. Copy of my letter to him is enclosed herewith for your records. Please be further advised, that as of this date, I have not heard from Mr. Fischetti in regard to same, but will notify you if and when I do. Very truly yours, f He A. off HAA Enclosure 1t 7 In response to your letter of February 11, 1998, please be advised that I have, in fact, given notice to Mr. Fischetti on January 27, 1998. Copy of my letter to him is enclosed herewith for your records. Please be further advised, that as of this date, I have not heard from Mr. Fischetti in regard to same, but will notify you if and when I do. Very truly yours, f He A. off HAA Enclosure LAW OFFICES CRUSER, HILLS & ARNOFF, LLP 206 ROANOKE AVENUE P.O. BOX 329 RIVERHEAD,.N. Y. 11901-2794 516-727-3904 FAX NO: 516-727-3940 HARVEY A. ARNOFF January 27, 1998 Mr. Joseph Fischetti Hobart Road P.O. Box 616 Southold, New York 11971 RE: IGHL with Town of Southold Dear Mr. Fischetti: In order to bring you up to date, I personally appeared be of Appeals on January 22, 1998, at which time the board heard our them that you and I had spoken and of your feelings in regard to the ap] I handed up to the board two pages consisting of the survey of the exi survey of the proposed swimming pool as per your recommendation The applicant advised the board that the surface immec would be by way of decking at ground level and that we would be along the Oaklawn Avenue, as well as along the side of the pool facing EDGAR HILLS COUNSEL GEORGE L. CRUSER RETIRED the Zoning Board ication. I advised tion. At that time, property and the our conversation. around the pool ling the fencing I your property. If thi's meets with your approval (which I believe it will'. I would appreciate were you to just drop a quick note to Mr. Goehringer and the rest of the board indicating same since they adjourned the matter for decision until February 26, 1998 with the caveat that they would accept further correspondence from you. HAA:dr Obviously, if you wish to discuss this further, please fe0l free to call. Very truly yours, OFF, LLP OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. Inter -Office Ext. 223 February 11, 1998 Harvey Arnoff, Esq. Cruser Hills and Arnoff 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901 Re: Appl. No. 4536 - IGHLP Dear Mr. Arnoff: This will confirm that the verbatim portion of the public hearing in the above matter was concluded on January 22, 1998, and that a resolution is proposed for February 26, 1998 to conclude the written portion, with the understanding that you have given notice to Joseph Fischetti regarding the amendments made on the plan and his response is forwarded to either you, or to the ZBA. Please let us know when you have provided notice to Mr. Fischetti and whether he has responded (in writing) when possible. Thank you. Very truly yours, Office of the ZBA 2/6/98; 2/10/98 ZBA AGENDA REGULAR MEETING. THURSDAY, FEBRUARY 26, 1998 6:30 p. m. Call to Order. I. SEQRA : Type II and Unlisted Designations . II. PUBLIC HEARINGS: b 6:35 p.m. Appl. No. 4545 RONALD J. YEDLOUTSCHNIG. Request for Variance regarding "as ,built" (existing) location of open deck addition for which an application for a building permit -was disapproved by the building inspector on January 29, 1998 and which Disapproval reads as follows: "...under Article XXIV , Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 27'6" +-. Lot areas of 20,000 to 39,000 sq. fit. require a rear yard setback of 50 feet: The existing dwelling has a present non -conforming setback of 42 ft. +-. Action required by. the Board of Appeals...." Location of Property: 250 Jernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 sf. . 6:40 p.m. Appl . No.. 4546 - HERBERT SCANNELL and SARAH REETZ. Request for Variance based upon the February 2, 1998 Building Inspector's Notice of Disapproval (and Stop Work Order) regarding pending Building Permit No. 24471Z and reconstruction and replacement of single-family dwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref. setbacks under Section 100-244B) of the Zoning Code. Location of Property: 955 Cove Circle, Greenport; CTM #1000-49-1-16 and 17 (as one lot) . Lot size: .69 of an acre: 6:45 p. m. Appl. No. 4538 - MICHAEL RAND. Request for Variances: (1) based upon Notice of Disapproval (addendum) dated February 3, 1998 disapproving a building permit application on the following grounds: "...under Article IIIA, Section 100-30A.4,: accessory buildings cannot exceed 18 . feet in height from existing grade; height is measured at the mean distance between the eaves and the ridge: Proposed construction has a mean height of 20 ft. + or - from existing grade...." and Fir (2) based upon the December 29, ,1997'Notice of Disapproval .regarding a building permit application to construct a three -car accessory garage, which reads as follows: "...Under Article IIIA, Section 100-30A.4. accessory buildings are to be located in the required rear yard. Since SCTM #1000-14-2-10 and #1000-14-2-11 also known as Petty Bight Subdivision Lots 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage' above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115 sf. 6:55 p.m. Appl . No, 4541 - RUTH LEONARD. Request for a Waiver, under Article II, Section 100-26 based upon the Building Inspec:tor's January 7, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R40 Zone: Tax Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C... See attached determination by Town Attorney.... " 755 and 795 Cedar Drive, Southold, NY. 7:00 p.m. Appl. - No. 4540 - MELISSA SPIRO. ,Request for a Waiver under .Article II, Section 100-26 based upon the building Inspector's January 6,, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located- in an R40 Zone,, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These' parcels do not meet with the exceptions as specified under Article 1I,'100 -25C... Note: See attached determination by Town Attorney which states that lots are not excepted . - ." - Location -of Pror2rty: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 111.2 of 40,000 sf has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision) . 7:05 p.m.. Appl. No. 4543 - ALICE KONTOKOSTA, Request for a. Variance based upon the Building Inspector's December 24, 1997 :[Notice of. Disapproval which states that "...application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building containing a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be, repaired or rebuilt unless such building is made substantialy to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100-244 and 100-239.4A).' Location of Property: 54155 C.R. 48, Greenport, NY; Parcel ID #1000-52-1-2., 7:15 p.m. Appl. No. 4537 - REQUEST BY SOUTHOLD TOWN BUILDING DEPARTMENT dated January 6, 1998 for "Generic Town -Wide. Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted, under Section 100-230 under "Exemptions," or do .the height limitations of Section 100-33 apply... ?" 7 1 7:40, p.m. Appl No. 4466 - HAY , HARBOR CLUB, Fishers Island,, continued hearing at request of applicant's attorney. 8:10 p.m. . Appl. No. 4535 - WILLIAM and PATRICIA MOORE as contract vendees . Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential -Office. �}h 8:15 p.m. Appl. No. 4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC: (Verbatim portion was concluded on Q►G, 1/22/98. Proposed Resolution to close the written portion of this )jr record. 51550 Main Road, Southold, NY; 1000-61-3-1. III. DELIBERATIONS/DECISIONS. A) - Carryover: Duane Pascale for alternative relief. B) Others from tonight's hearing calendar. IV. MISCELLANEOUS (RESOLUTIONS/REMINDERS) : . A. RESOLUTION TO CONFIRM the following: March 23, 1998 Hearings: Confirm authorization for advertisement of the following new applications: (to be added when filed and reviewed) . B. RESOLUTION to confirm advertisement of Appl. #4535.1t - MOORE, W. & P. Spec. Exception for tonight's public hearing. . C. RESOLUTION to approve Minutes: January 15., 1998 January 22, 1998 February 4, 1998 D. 'PENDING ADDITIONAL INFO: Appl. #4525. jd - T. PETIKAS Special Exception Appl. #4526.1t - T. PETIKAS Area variances Appl. #4529.1t - CASA BIANCA/ZAPF (Holdover per applicant) E. RESOLUTION: Approve Minutes. F. OTHER UPDATES / COMMUNICATIONS : 1) Update of Business Uses (Zoning) and review of pending applications addressed by Town Board on , 1998. 2) Confirmation of Committee Session Dates (updated daily on calendar of meetings prepared by Town Clerk's Office) . 1 1 M;Sg eyv�}l�ia 31y+h lalsey JK" �i 5 So Oaklawn Ave-nme 50\14\01 8, )N.Y. I I V71 f 0 January 14,1998 Mr. Gerard P. Goehringer Chairman Southold '.town Board of Appeals Re: Appl-4536 Independent Group Home Living Program,Inc. Dear Mr. GoehringerT , - most strongly object to granting a variance as requested on this property. The Building Inspector is perfectly correct -the lot is too small. That is the first reason to keep things as they are. `Whe second reason is a matter of public health. There is no indication on the plans as to the location of the cess pools or access lines to them. That they are of exceptionally large size4,.-:is a matter T observed during rennovation of the property in 1991. Digging with heavy machinery, removing earth by truck,, pouring; concrete for a pool and the weight of the water n the pool will all strain the capacity of the F,round .s="remain stable. The vibration of the circulating Pumps for filtration and cti.eralcal purification will be an additional strain. Should the lines rtupture once or* several times and should the . L3o€rla ti-teraaalves rupture, the ground water would be poisoned perhaps as .far, as the creek and. the bay. Certainly the immediate area would suffer- especially from the aroma. The pool is not a necessity. Our swimming season is short and this propert*an use the Parks Commission beach at Founders Landing and purchase permits for Town beaches. Sincerely, Cynt,hia BlytU Iialsey HOBART ROAD / PO Box 616 Geraxd P. Goehringer Chairman Town Board of Appeals Town of Southold Southold, New York 11971 Dear Mr. Goehringer, PROFESSIONAL ENGINEER 971 516 - 765-2954 3 Date: Reference: January 9, 1998 Appl # 4536 / IGHLP I am writing for my wife who owns the property adjacent to the Independent Group Home on Oaklawn Avenue, in Southold. The Group Home has been a good neighbor over the years and they are providing a needed service for the community. I have reviewed the site plan location for the proposed swimming pool. It is proposed that the swimming pool will be located 18 feet from the sidewalk on Oaklawn Avenue. This is not an appropriate location for a swimming pool. The Board must look at the dynamics of this location on the surrounding properties. This is a location that has lots of pedestrian traffic with the children from the school. The interaction of that traffic when the pool is in use will change the character of the area. If the location of the pool were moved adjacent to the eastern property line, landscape buffers could be planted to keep the pool isolated from the pedestrian traffic. While the existing shed will have to be moved, this location is a more appropriate location for the pool. I will not be able to attend the January 22nd Public Hearing, because my wife and I will be on vacation until February 14th 1998. Being an engineer and a builder, and having the greatest economic interest in this proposal, I request that the Board adjourn the Public Hearing until my wife and I can attend to participate in the Hearing. If that is not possible, I request that the Board vote reject this present proposal because the proposed pool location will change the character of the area. I would hope that the IGHLP is sensitive to the concerns stated so they will continue to be the good neighbor that they have been. cc: Walter Stockton IGHLP Harvey Arnoff j FOLLOW-UP and UPDATE FOR YOUR RECORD: —F TO : ?�{� FROM:: ZBA Chairman via ZBA Office DATE: Q. . 7 , 1992s Attached is a`( f SCAL (new information ad ed to the original Town ZBAfile) re: Pending Application of TF y i - P AG. Other Comments: ( # of Pages Attached: \,5 ) Placed', in Members' office mail boxes for update on / /97 by --------------------- Board . Trans . ,., � I rev _ ! `• 60' Sq' OQ.. E. _ _-__.... _.. _ • • �. �� rte• O 3 , fit ' j 8 "; Y u : Is.z• ;� 11.3• . Zia • - - 8 - r:N O 4q' - t = U W lq 1 l� s •� ' `•� z aT1`� • J FRAM 9.7 • . N, �� N N Y t J 13� U -i 2 _ -. "� Q) i h 0. �r - PICIOIT ICN. E •' R-'oArl. b a�; A/ z M?TFO TO, — Y l AOLOOaC ABSnucr, mw. �TIMEs , fWSr'Ax TIWMAMME COWAIW OF AEW YCW PROC,RAit, PC FAWTES o ��x o o -QO Y ;ncc.rsas and/or p .v ' i 0. , W ' O C.A WUVCEL, -ILD L 1RAM PC / a I' IA i 8 N O M t M . Pope _ S-610-00,- 30 74.60 Y 74. 60 N/OIFf o LWOA FISC I <Y HETTI uu AREA —= 15, 920 SQ. FT SURVEY C^ PROPERTY Prepared ii) accordance with the minim, --r. SURVEY I standards for Nlle surveys as eslablished r' by the L.I.A.L.S. and approved and adopted SOUTHOL D for such use by The New York Stole Land _. _ . , . . _ - _- _ lI u (-,til INl Y N Y 1000 - 061 - 03 - Ol 30' 1JUL Y 8, 'tom./ . -r-�.. \� c r rr• ,.-.. ,.'r :. :�w•'t ': .::Q.�;;°j: {;J�• �:.1 •,S;y1 :a.if.-.1r , ',A., c.�r:. %!..+p�"�.../., c2; __ -. .. '," ,I:•:;::: .;tit! Ni .i l... -;L .'ii:•"_ _ J j � i {rte. boost cow .,.,{q' y J. -.k � �';,vy ��..;:�y�`•y=..,�_,.Ant . .- _ .t==•'=rte. %sir,"%mss. ..o• iif!d 1z MAIN Ro A/K/4 t .4 D N. 60og' �"- STATE HIGHWAY ROUTE 2.5 00„t 85.00' 0 0 9 fV CERTFO rOl A&00af ABSTRACT, CORP. T'AI&WAM � ME /It ARAACE COWAW OF Aff Yaw imi7mr Gap haE uvjw 5- M. - CAMITES DEva opwwr commA TX%, its t i successors ad/, 'Lmrn?A 'r,.Q?j7Ej'jM, VA P.C. Ld LLJ 'yy;:...... ' <E _j < 0 0 . �'; i 0 to MAIN Ro A/K/4 t .4 D N. 60og' �"- STATE HIGHWAY ROUTE 2.5 00„t 85.00' 0 0 9 fV ON a3 w. PI PC a 3w, A. S. 61°30'00"w 6a00 w 01 N/01F 1!�i. IrIt a7d) FjSCPfErrj 4g UU r, i LWDA AREA, = 15, 920 SQ. FT. SURVEY OF PROPE ' r"TY' Prepared in ,accordance wilh the minimum AT sland6r-ds lor, fille surveys as eilablished -by Mel L.I.A.L.S. and approved and a ';Z:;�,SOUTHOLD for such use by The Ze w Yorki S1017e#oLpa'nel rille'Association. .,,..,-.,TOWN 'OF -SOUTHOLD SUFFOLK.. COUNTY N.Y. 03 01 w SCALE 1"=L30'. JUL Y Bt 1992 Q LAND `SG 0 —44 5 N C .'5'% MAIN 71 LIC. N0. -49618 P.C. CERTFO rOl A&00af ABSTRACT, CORP. T'AI&WAM � ME /It ARAACE COWAW OF Aff Yaw imi7mr Gap haE uvjw 5- M. - CAMITES DEva opwwr commA TX%, its t i successors ad/, 'Lmrn?A 'r,.Q?j7Ej'jM, VA P.C. ON a3 w. PI PC a 3w, A. S. 61°30'00"w 6a00 w 01 N/01F 1!�i. IrIt a7d) FjSCPfErrj 4g UU r, i LWDA AREA, = 15, 920 SQ. FT. SURVEY OF PROPE ' r"TY' Prepared in ,accordance wilh the minimum AT sland6r-ds lor, fille surveys as eilablished -by Mel L.I.A.L.S. and approved and a ';Z:;�,SOUTHOLD for such use by The Ze w Yorki S1017e#oLpa'nel rille'Association. .,,..,-.,TOWN 'OF -SOUTHOLD SUFFOLK.. COUNTY N.Y. 03 01 w SCALE 1"=L30'. JUL Y Bt 1992 Q LAND `SG 0 —44 5 N C .'5'% MAIN 71 LIC. N0. -49618 P.C. G MAIN� RSA D 4 N, y, 'STATE T.,T,E Hir HW4 nou Te 25 Op 004 435. U 4 '14 a, Y.{ 0 0 40 2ZO, c\j 4.4- d 0 x Id STY. :D FRA�M Lr OfOU3 Er 17.7' 44. gl > < "35, re 20. 3" f. Ir CAM re Net I CH., A 11, < 20.31 2 CERTM r0l AOL00af ABSTRACT, CORP. FfiST'AAERZW 177LE AMMAC w Cf MY YORK < ju 0 Ww5amr me ioc uvm 0 PROGRAM, IMC. FACLITES 0 % 0 ri 0 C) DEMPA6VT CalaWA M 0 0 0 % A. )c i MRAYMr IVLD I M44 AC A- 0. tD Le 1, 0 8 Cq 0 + z CONC 'VON, tl Y, QPope 03W. S.610 40081w, pal. 0.4 30 n. 74 N/01F LINDA? fi 1.6 FISCHETTI Vii."' W �"REA '15, 920 SO. FT. - SURVEY OF PROPERTY �4#pored in accordant.';, wilh the minimum AT slabdards for lille surveys as eslablIshed b, the L.I.A.L.S. and approved and o4opled SOUTHOLD IoTf','such use by The New York Sale Land rule Associalion. TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 01 1000 �061 03 SCALE 1" = 30* JUL Y a, 1992 Mw, ND 0 S. LIC. NO. 49618 A!, 9 VF -Y P.C. .. I;V COQ, 777 f 4 "},y so -;-fHOL 11971 I � ` I I I I I I I I I WALL BRACE ASSEMBL i DETAIL A WALL BRACE ASSEMBLY" DETAIL 1 1/2" x 43" x 1': GA, GALVANIZED ANGLE 14 GA. GALVANIZED— STEEL WALL PANEL 6" 42" FOOTER FOOTER --_UNDISTURBED EARTH Y 2- BOTTOM MATERGIL. — 7 1/2 x 4 1/2 x 12" BEARING PLATE 3/8" REBAR l i 1 1/2" x 2 .t" .> 14 GA. I GALVANIZED 4N(;: E OTE: BACKFILL TO BE -ANL), GRAVEL, i ' OR OTHER NON F XPA'1SIVE MATERIAL B- DETAIL A A K --------------- .---------- - L D---E---F H J----��F ` -NOTE- THESE DIG DIMENSIONS COMPLY WITH THE NATIONAL SPA_ AND POOL_ INSTITUTE SUGGESTED MINIMUM STANDARDS FOR RESIDENTIAL POOLS WARNING — DO NOT DIIVE IN THE SHALLOW END IF DrVING BOARDS OR SLIDES ARE TO, BE USED WITH THEE POOLS PLEASE CONSULT THE MANUFACTURE'S INSTRUCTIONS AND THE NATIONAL''. -SPA AND POOL INSTTTLJTE'S MINIMUM STANDARDS PRIOR TO INSTAWNG DMNG BOARDS OR SUDES,,ON.THESE POOLS. FOR INFORMATION CONSERNING NSPI MINIMUM STANDARDS, WRtTE- *' N0. DI LNG BOARD ALLOWED NATIONAL SPA AND POOL INSTITUTE, 21111 EISENHOWER AVENUE, ALc MDRU1, VA 22314 � (703) 838—tD'J8', FUUL 12' x 24* 12 24 8 _f r6 w -T _6 6 _f r6 7 36 2610 CA�R®INAE SYSTEM 14 x 26'fl 14 26 10 7 6 6 2 6 6 2 6 9 3 6 29 6 3 8 269 S. RT. 81 (717 385-4733 1671: x 32 16 32 8 14 6 4 8 4 8 76-w 35 9 1 4 SCMUYLKILL HAVEN, PA. (717) 385 1318 F,,X. i 16- _X3 6 16 36 12 14 6 - 4 8 4 8 3 6 39 4 3 4 ! ��` 14-8 -91 TITU C,' R, CORN� �?C. 18 'x 3G 18 36 12� -14 6 4' -3=-410 3 6' 40 3. SCAM ,NON QE�TANGI__FE 20 x 40 I 20 40 14 14 8 4 8 4 12 3 6 44 8 5 8 1 ' K K Fl� E. -ECTC Q I -) I 1 LAW OFFICES C1iUSER, HILLS & ARNOFF, LLP 206 ROANOKE AVENUE P.O. BOX 329 RIVERHEAD, N. Y. 11901-2794 HARVEY A. ARNOFF MICHAEL N. HILLS Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Gentlemen: 516-727-3904 FAX NO: 516-727-3940 EDGAR HILLS COUNSEL GEORGE L. CRUSER RETIRED December 30, 1997 Re: Independent Group Home Living Program, Inc. Application for Variance Please be advised that we represent Independent Group Home Living Program, Inc., with respect to the above application. Enclosed herewith please find Questionnaire, Appeal from Decision of Building Inspector, and Applicant Transactional Disclosure Form. I: would appreciate your notifying me of the hearing date in this matter. P� 'Thank you for your kind courtesy and cooperation. Very truly yours, HAA: kc: Enc. F, LLP �.:NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS .• THURSDAY, 7ANUARY:22j"8 NOTICE IS HEREBY GIVEN, pur- e suant to Section 267 of the Town Law.. and the Code of the Town- of -Southold, the following application"will beheld for public hearing by the SOUTHOLD TOWN BOARD OFAPPEALS at the Southold ,Town Hall, 53095 .Main Road, -Southold, New Yoik''11971, on THURSDAY, JANUARY:22 IM at the time noted below (or as soon there- after is possible): 7:30. p.m. App1: , No. 4536_ = IN- DEPENDENT GROUP.HOME LIV- ING PROGRAM, INC: This applica- tion. is for a prbposed swimmingpool to be located in the iequired rear yard far, ing Oaklawn Avenue; and based;upon the-'Building.Inspector's.,Notice of DisapproYal dated November 10,1997, ace • under Artiele: Vll,= Section 100 -72 -is required for the proposed lot coveragd over the 2096 limitations in this .Residential-OfficeZone.District. Location of Property:. 152550 Main . Road, Southold, NY; County Parcel ID 1000.61-34, containing 15,920 sq. It. . The Board of Appeals will at said time and place hear an and all persons or representatives desiring to be' heard in the above application or desiring to submit written statements' before the I hearing ends. The.hearing will not start ' "earlier- than ' designaied.` Tbe" file is' available for review during Town Hall Business hours,(8-4.p.m:}.Ii you have', questions, please do_not'hesitate_ to call 7654809. .... Y._ Dated: January 5, 1998. BY ORDER OF THE . ' BOARD OFAPPEALS :".:. ..: GERARD: P .GOMMGER, Chairman STATE OF NEW YORK) )SS: MOF $ l i ��)of 1 1 Mattituck, in sG county, being duly sworn, says that he/she -Principal clerk of THE SUFFOLK TWES, weekly newspaper, published at Mattituck, . the, Town of Southold, County of Suffolk a: State of New York, and that the Notice of whi: the annexed is a printed copy, has been reg larly published in said Newspaper once ea. week for wee l uccessive co enein on the d of 19 nid' Principal Clerk Sworn to before me this day of 19� 73t4 MARY DIANA FOSTER NOTARY PUBLIC, STATE OF hc«; Y NO. 52-"fij, 59412 SUFFOLK COW NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. JANUARY 22. 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the. Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 22, 1998 at the time noted below (or as soon thereafter as possible) : 7:30 p.m. Appl. #4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC. This application is for a proposed swimmingpool to be located in the required rear yard facing Oaklawn Avenue, and based upon the Building Inspector's Notice of Disapproval dated November 10, 1997, a variance under Article VII, Section 100-72 is required for the proposed lot coverage over the 20% limitations in this Residential -Office Zone District. Location of Property: 52550 Main Road, Southold, NY; County Parcel ID 1000-61-3-1, containing 15,920 sq. ft. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing; will not start earlier than designated. The file is available for review during Town Hall business hours (8-4 p.m.) . If you have questions, please do not hesitate to call 765-1809. Dated: January 5, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman K4 Prb POOL NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOAR® OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: Gebup 110A41FO L i��nrer Plb SRA M 1- DATE OF PUBLIC HEARING: 41-7 o36 JO*m 6 1hufs. J J4n/ 221 /Ycf� If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of S a m and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax. ++++++...4..++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++- January 2, 1998 Harvey Arnoff, Esq. Cruster, lEIlls & Arnoff, LLP P.O. Box 329 Riverhead, NY 11901 Re: Application for Variance IGHLP (Pool) Hearing Date: January 22, 1998 Dear Mr. Arnoff : For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the . next weekly issue of the Suffolk Times. Under the ' requirements of Chapter 58 of Town Law, we are requesting; that notice of the January 22, 1998 hearing be sent at this time by certified mail, return receipt requested, to the all surrounding property owners. These mailings must be done by 1/10 and be forwarded to all owners of vacant or improved land across streets and along sides abutting this land. Please also post 'the enclosed sign within ten (10) feet of the front property :Line, facing the street, for .a period of seven (7) days, and may not be posted any later than 1/14. (If the sign is torn or removed due to adverse weather conditions, please stop by to pick up another sign. The sign notice is required by code to remain for a full seven days . ) Once you have received the green cards, please return the following: a) completed Affidavit of Mailing and Posting: b) postmarked receipts from the post office showing the date you mailed the notices by certified mail; c) green signature cards once they have been received (you may return to us during the hearing, or before) . If you have questions, please feel free to call. Very, truly yours, Office of the ZBA Enclosures - lnag.98/appl.ln 4 1 U� V ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone ('516) 765-1800 I OFFICE OF THE TOWN CLERK{' TOWN OF SOUTHOLD JAN L TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4536 Independent Group Home Living Program, Inc. DATED: January 2, 199 Transmitted is an application of Independent Group Home Living Program, together with Southold Town Building Department Notice of Disapproval, Application for Southold Town Building Permit, Questionnaire for filing with ZBA application, Transactional Disclosure Form Application, Southold Town Building. Permit application dated September 22, 1997, Letter advising of Harvey Arnoff's representation, applicant transactional disclosure form, map and survey of proposed project. a.4ze& Elizabeth A. Neville Southold Town Clerk APPLICANT 'I'll A NSACTJONA1, DISCldlP9111111 I?ORk .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 informaLlon which can alert the town of possible conflicts or InLerest and allow it to take whatever action is necessary to avoid same_._ INDEPENDENT GROUP HOME LIVING PROGRAM, INC., YOUR NAME: by Walter W. Stockton (Last name, first name, middle initial, unless____ you are applying in the name or someone else or other entity, such as a company. it so, inclicate the other pers.on's or cornpany's name.) NATURE OF APPLICATION: ( Check all- tlta t apply . Tax grievance Variance X Change of zone Approval •o£ plat Exemption from.plat or orricial map Other (If "Other," name the act iviLy. ) Do, you personally (or through your company,. spo11n0, Pillltncl, parenC; 0r•ctlilcl) '11nve a -relationship with • any "or[leer or employee of the Town of SoulAtoid7: "Relat konshi•p" incl11c1.0s by blood, marriage, or business interest_ "11110111000, Interest-" means a business, including a partnership, III 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.. YCS NO X If you answered "YES, ". complete the balance of this form and date and sign where indicated. Name of person employed by the 'Towrt or Southo.l.d Title or position or that• parson Describe the relationship between yourself (the applicant) and the town officer or employee. 1iLher check the appropriate line A) through D) and/or- dencri.bp In, the spnre. provided.. The - t wn' off icer or' empl-oyei_• o' 1114 or: her soo0se., "sibi.iiiq, ' parent, or child i's '(check al.l. ''that; apply): A) the owner of greater .than 5% or the shares or Hip corporate stock or the applicant (when the applicant is a corporation); B) the legal or benericial owner or arty=interest In a noncorporate entity (when the applicant is not a. corporation); C) an officer, diree or, partner, or emp-l-oyee-of• I:Ilp- applicant; or D) the actual applicant. DESCRIPTION OF RELATi0NS11117 Submitted this L/:Clay of Dec.i99 7 signature TF STOCKTON. INDEPENDENT GROUP HOMELIVING PROGRAM, INC.- QUESTT_CIRTAIRE FOR FILItiG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest -in the subject premises and -a description of their interests: (Separate sheet may be.attached_) INDEPENDENT GROUP HOME 7LIVING PROGRAPI, INC. (IG: -Q B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes ( x ) No. (Sf Yes, ploace attach cozry of "conditions" of sale.) C. Are there arra -proposals to change yr alter land cmntc, ? ( ) Yes ( X) No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaded between the wetlands area and the upland building area? -NO 4.' If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NO E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences ewhich exist and are not shcngn on the survey map that you arp_ submitting? NO If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises?. NO If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? NO If yes, please explain where or submit -copies of -.deeds. I. Please list present use or operaticrs conducted at this parcel COMMUNITY RESIDENCE and proposed use SAME AS ABOVE INDEPENDENT GROUP HOME LIVING PROGRAM, INC. BY: Authorized Signature and Date WALTER W. STOCKTON 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. -(Added 6-5-84 by L.L. ,No. 6-1984] L [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.I... No. 5-1985k A. 1!D AL WETLANDS: (1) _411 lands generally covered or intermittently cov- ered with, oi• which border on, tidal waters. or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass. high bush, cattails, groundseL marshmaUavr and low march cnrdgr :ss: and/or• • (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State Of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. mard edge of'a "freshwater wetland " - 9 7 0.5 Page 25 - Minutes ,/1 Southold Town Board of Appeals Regular Meeting of November 9, 1992 ACTION OF THE BOARD Appl. No. 4134. Application of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (IGHLP) appealing the June 30, 1992 Notice of Disapproval issued by the building inspector, for relief under Article XXIII, Section 100-231(B) of the Zoning Ordinance for the placement of fencing at more than the 6-1/2 ft. height• -limitation {proposed height: 8 ft ) . Location of Property: Yv vivv��Lly ,'- T- �� -'-4 deer--Sher-es, SeetiGa H, Let 29, 24, and', —J4 '-� � County Tax Map Parcel No. 1000- - - �✓E, �or�Tf/vcd-3-� WHEREAS, a public hearing was held on November 9, 1992, and all those who desired to.be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is requesting approval of the placement of a stockade fence extending within the easterly side yard area, at a point near the front (northeasterly) corner of the dwelling in a southerly direction, along the easterly side of the dwelling and rear garage, into the rear (southerly) yard area. 2. The premises in question contains a total lot area of 15,920.square feet as shown on the survey map prepared by Peconic Surveyors, P.C. dated July 8, 1992. This property is located in the Residential -Office (RO) Zone District and is a corner lot with 200 ft. street frontage (lot width) along Oaklawn Avenue and 85.0 ft.'along the Main Road (S.R. 25). 3. The subject premises is improved with a two-story frame dwelling structure situated approximately 30 feet from the front (northerly) property line, 17.7 feet from the westerly (front) rage 26- Appl. No. 4134 Decision Rendered November 9, 1992 Matter of INDEPENDENT GROUP :TOME LIVING PROGRAM, INC. �a property line, and 11 feet from the easterly (side) property line at its closest points. The premises is also improved with two accessory buildings located and an asphalt parking area in. the rear yard. 4. Article XXIII, Section 100-231 of the Zoning Code provides that: Fences ... within five (-5) feet of the property lines may be erected and maintained, subject to the following height limitations: A. When located in the front yard along the front lot line, the same shall not exceed four (4) feet in height. B. When -located along side and rear yards, -the same shall not exceed six and one-half (6-1/2) feet in height. C. When located other than in the front yard r area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. 1 5. It is the position of the Board in considering this application that: (a) the practical difficulties are related to the land and its use, and the height of the fence is for the purpose of better privacy and more screening for neighboring lands as well; -(b) the relief is not substantial in relation to the requirement; being a variance from 6-1/2 feet to eight feet; (c) the relief as granted is intended for screening and privacy purposes for nearby home(s); (d) the relief, as alternatively -granted, is not unreasonable and is due to the uniqueness of the property as noted previously and the fact that this is a corner lot on two streets; (e) although there is an alternative for appellants to pursue, the appellants' request is not unreasonable, is the minimum necessary, and is practical under the circumstances; (f) the variance, as granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of Page 27 - Minutes Southold Town Board of Appeals Regular Meeting of November 9, 1992 (IGHLP, Inc. decision, continued:) the town, will not be adverse to neighboring properties, and will not alter the essential character of the neighborhood. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to GRANT relief permitting the fence height at eight (8) feet, PROVIDED that the setback be not closer than 18" from the side property line (as requested). Vote of the Board: Ayes: Messrs. Wilton, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. UPDATE: Appl. No. 3913 - GUS WADE 280-A: Review and comments by Z.B.A. Members of the second Draft Environmental { Impact Statement prepared by En -Consultants, Inc. for Gustave Wade concerning property at Fleet's Neck, near East Road, Cutchogue. The Board members authorized the Chairman to send comments to the Town Trustees with the following information and recommending that the DEIS not be accepted, as submitted: Based upon reviews, it is the opinion of the Board of Appeals that the DEIS document as submitted November 2, 1992, is not acceptable for public and inter -agency review. Included herein are specific comments pertaining to the document which outline deficiencies which are in need of additional discussion, clarification, documentation, and/or answers prior to circula- tion to outside governmental agencies and public comment. I. SUMMARY The summary should, of course, be amended to reflect changes in the text based upon the following. II. DESCRIPTION OF THE PROPOSED ACTION Commencing at Page 4 - Background and History a) With regard to permits, permit and permit renewals were not attached. Expiration dates for each agency permit were not furnished. Building permits are renewable for dwellings under _ construction only; therefore, the building permits referenced (46'4 e/4 6 x'40 XP � PROFESSIONAL ENGINEER HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 516 - 765-2954 W M9i JA N f,�� I,v3 Gerard P. Goehringer Chairman Town Board of Appeals Town of Southold Southold, New York 11971 Dear Mr. Goehringer, January 9, 1998 Appl # 4536 / IGHLP I am writing for my wife who owns the property adjacent to the Independent Group Home on Oaklawn Avenue, in Southold. The Group Home has been a good neighbor over the years and they are providing a needed service for the community. I have reviewed the site plan location for the proposed swimming pool. It is proposed that the swimming pool will be located 18 feet from the sidewalk on Oaklawn Avenue. This is not an appropriate location for a swimming pool. The Board must look at the dynamics of this location on the surrounding properties. This is a location that has lots of pedestrian traffic with the children from'the school. The interaction of that traffic when the pool is in use will change the character of the area. If the location of the pool were moved adjacent to the eastern property line, landscape buffers could be planted to keep the pool isolated from the pedestrian traffic. While the existing shed will have to be moved, this location is a more appropriate location for the pool. I will not be able to attend the January 22"d Public Hearing, because my wife and I will be on vacation until February 14th 1998. Being an engineer and a builder, and having the greatest economic interest in this proposal, I request that the Board adjourn the Public Hearing until my wife and I can attend to participate in the Hearing. If that is not possible, I request that the Board vote reject this present proposal because the proposed pool location will change the character of the area. I would hope that the IGHLP is sensitive to the concerns stated so they will continue to be the good neighbor that they have beef cc: Walter Stockton IGHLP Harvey Arnoff Joteph Fischetti, PE F* Linda Fischetti LAW OFFICES CRUSER, HILLS & ARNOFF, ,LL`]P;, `` 206 ROANOKE AVENUE f RIVERHEAD, N.Y. 3 2 JAN .V! 901 -2794 ,.� 516.727.3904 — S a FAX NO: 516.727.3940 HARVEY A. ARNOFF MICHAEL N. HILLS HILLS January 12, 1998 COUNSEL GEORGE L. CRUSER RETIRED Gerard P'. Goehringer, Chairman Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 RE: Independent Group Home Living Program, Inc. Application for Variance App. No. 4536 Dear Mr. Goehringer: In connection with the above captioned matter, enclosed please find original Affidavit of Posting and Affidavit of Mailing for your records. If you should have any questions, please do not hesitate to contact the undersigned. Very truly yours, CRUSER, HILLS & ARNOFF, LLP H' ey A. ff Enclosure C BOARD OF APPEALS : TOWN OF SOUTHOLD ----------------------------------- in the Matter of the Application your , •IMM Of Independent Group Home Living App. No. 4536 Program,' Inc. (Name of Applicants ) ------------ ------------------------X :.. AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I,�aber T residing at 'Ceaol�r ya�orrc,� QS. New York, being duly sworn, depose and say that: I On the day of , 193 ; . I personally mailed, by cer ' ied mail return receipt re uested a true copy of the attached gal Notice, addressed to each of the following named persons at the addresses set opposite their respective. names, that the addresse listed below are those shown on the current'assess- On rolls of a Town of -Southold; 'that said Notices were mailed at the United Stat Post Office to each of said persons by certified mail, return recei t requested: Name of Surroun Pro er Owner Mai7in� Address 19n I personally. posted 2) On the /� J � day of � 4 `v } > the property identified as District 1000, Section 061 2 Lot , by placing the Town's official poster Block �— ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held 195 ). )11 Sworn to before me this ra- day of J 199.. Nlotary Public DIANE REWLY Notary Public, State of New York No. 01 RE4718016 Qualified in Suffolk County Commission Expires July 31, 1`[� (Please return to the off_ce of the 3eaz:d of- AM -Pea -1-3 Waen c----=i=`ec- 'N, BOARD OF APPEALS : TOWN OF SOUTHOLD --------------------------------------X In the Matter of the Application Of INDEPENDENT GROUP HOME LIVING PROGRAM, INC., --------------------------------------X STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) App. No. 4536 AFFIDAVIT OF MAILING I, KATHLEEN COLE, residing at Horton Court, Manorville, New York, being duly sworn, deposes and says that: On the gth day of January, 1998, I personally mailed, by Certified Mail, Return Receipt Requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses indicated below each name; that the addresses listed below are those shown on the current assessment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by Certified Mail, Return Receipt Requested. Ms. Paula Kuszynski 52650 Main Road Southold, New York 11971 Ms. Linda Fischetti Hobart Road Southold, New York 11971 Ms. Cynthia Blyth Halsey 50 Oaklawn Avenue Southold, New York 11971 Sworn n to before me this %.4 day of J7"-7ik ry, 1998. X)z - Notary ub DIANE R Wary Public, State of New York No. 01 RF_4718016 Qualified in Suffolk County Conn"' ion Expires July 31. I i%�) Mr. & Mrs. Peter Bogovic North Bayview Road Southold, New York 11971 Mr. & Mrs. John J. Senko 89 Peninsula Boulevard Hempstead, New York 11550 Estate of Helen W. Terry % R. G. Terry P.O. Box 11 Southold, New York 11971 KA HLEEN COLE NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. JANUARY 22. 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 Of the Town Law and the Code of the Town of Southold, the following al)plieation will be held for public hearing by the SOUTHOLD TOWN BOARD ()i•` APPEALS at the Southold Town Hall, 53095 Main Road, Southold, Now York 11971, on THURSDAY, JANUARY 22, 1998 at the time noted below (or as soon thereafter as possible) : 7:30 p.m. Appl. #4536 - INDEPENDENT GROUP H()Ml;; LIVING PROGRAM, INC. This application is for a proposed swimmingpool to be located in the required rear yard facing Oaklawn Avenuo, and based upon the Building Inspector's Notice of Disapproval dated November 10, 1997, a variance under Article VII; Section 100-72 is regttit-•d for the proposed lot coverage over the 200 limitations in this Residential -Office Zone District. Location of Property: 52550 Main Road, S011ihold, NY; County Parcel ID 1000-61-3-1, containing 15,920 sq. ft. The Board of Appeals will at said time and place hear arty and all persons or -representatives desiring to be heard in the abov` application or desiring to submit written statements before the hearing finds. The hearing will not start earlier than designated. The filt-., iti available for review during Town Hall business hours (8-4 p.m-). If you have questions, please do not hesitate to call 765-1809. Dated: January 5, 1998. BY ORDER OF THE SOUTRk)LI) TOWN BOARD OF APPEALS GERARD P. GOEHPIX.GER, Chairman