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HomeMy WebLinkAbout4134APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa i har ' 1 Te~e~p~oneC~5 fl) 7~ - 1~0~ BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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: 52550 Main Road, Southold, NY County Tax Map Parcel No. 1000-61-3-1. 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) property line, and 11 feet from the easterly (side) property line ~Dge 2 - Appl. No. 4134 Decision Rendered November 9, 1992 Matter of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. 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 area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. 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 ~ge 3 - Appl. No. 4134 Decision Rendered November 9, 1992 Matter of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. 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. Wil ton, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ,!AID FILED BY TOWN CLE}IK ,own of Southo!d APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa e~eipchharc~ ~6)7W6~]1t~ T one 5 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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: 52550 Main Road, Southold, NY County Tax Map Parcel No. 1000-61-3-1. 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) property line, and 11 feet from the easterly (side) property line Page 2 - Appl. No.134 Decision Rendered N~6~ember 9, 1992 Matter of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. 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 area or along side or rear lot lines, the same shall not exceed eight (8) feet in height. 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) requirement, feet; the relief is not substantial in relation to the being a variance from 6-1/2 feet to eight (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 3 - Appl. No. 4134 Decision Rendered November 9, 1992 Matter of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. 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. Wi] tons Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY r_.-£~ ~ ' ~ .... ~OU~OLD TOWN CLERK //(/,~/~,z. HOUR DATE Town Clerk, Town of ~ APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, NOVEMBER 9, 1992 commencing at the times specified below: 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLENE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. ·/~- 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 Page 2 - Legal Noti~ Hearings for November 9, 1992 Southold Town Board of Appeals ft. height limitation (proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 - Application of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 10'0-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees action on Coastal Zone Permit jurisdiction). Page 3 - Legal Not~ Hearings for Novemb~'r 9, 1992 Southold Town Board of Appeals 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BITSAKIS AND OTHERS (Owners) for a Variance under Article XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE RIDGEt INC. to include, as amended, a request for relief under Article III, Section 100-3iA(i) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. 'Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B · for a rehearing, or in the alternative, new Application for a Page 4 - Legal NotO Hearings for Novemb~-r 9, 1992 Southold Town Board of Appeals deck extension, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the Qonclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: October 26, 1992. BY ORDER oF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski Copies transmitted to the following on or about 10/26/92: L.I. Traveler-Watchman Suffolk Times, Inc. Ms. Charlene Edwards, 40-27 195th St., Flushing, NY 11358 IGHL, Inc., Attn: Mr. Walter Stockton, Box 638, 62 Pine St., East Moriches, NY 11940 Donald M. McGayhey, Esq., Box 981, 1050 Youngs Ave., Sld 11971 Re: Jane Peace Mr. and Mrs. Tony Kostoulas, 2-21 148th St, Whitestone 11357 Ward Associates, P.C., 1500 Lakeland Ave, Bohemia 11716 Re: G. Bitsakis and others Mr. G. A. Strang, R.A., Box 1412, Southold 11971 Re: Spectacle M/M Robert H. Dexter, 197 Kensington Rd, Garden City 11530 FORM NO. :3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TO~,YN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL Date June 30, 92 .19 .... To . .INDEPENDENT GROIIP EOl~ LIVING PROGP, A~, INC. BOX 638, 62 PINg STREET EAST IR}RICHES, N.Y. i 19/+0 PLEASE TAKE NOTICE that your application dated .. ;J.u.n.e..2.4.: ................ 19..9.2.. for permit to CONSTRUCT Alt 8' HIGH FENCE 52550 I,[AIN ROAD SOu'J:ttOLD N.Y. 'Location of Property .............................. : House No. ' ............................... Street Hamlet County Tax Map No. 1000 Section 61 Block 3 1 .............. Lot Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ............................... FENCING ERECTED IN THIS REAR OR SIDE YARD IS REQUIRED TO BE NO MORE THAT 6-1/2 FEET IN NglG'ItT. ARTICLE XXlI 100-231 (B). ACTION REQUIRED BY 'l'ltl~ ZONING BOARD OF APPEALS. ....... f 'xnC' ........ to ' · ' / GARY J. FISH RV 1/80 TOWN OF SOUTHOLD, NE~ APPEAL FROM DECISION OF BUILDING INSPECTOR R E ~1tl V ED ~' "~'~ \~) · YORi~CT O(~ '~ Sou~old Town Gl~ ~ ~ APPEL NO. ~ / O.T ............. .... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. _~] 1, (We) Independent Group Home Living Program 62 Pine Street (m Name of Appellant Street and Num~ East Moriches N.Y. ......................................................................................................................... HKREBY APPF.~L TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON June 30, 1992 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO IC~L Name of Applicant for permit of 62 Pine Street East Moriches NY 11940 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY 52550 Main Road, Southold Street /Hamlet / Use District on Zoning Map District lO00 Section 61Block 3 Lot 1 ~ - ......................................................................... uurrenz Owner IC~IL Map No. -Lot No. Prior Owner John C.W. Campbell 2. PROVISION iS) 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 xxII Section 100-231(B) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ]~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (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 and was made in Appeal No ................................. Dated ............................ ., ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( )~ A Variance to the Zoning Ordinance ( ) is requested for the reason that It was agreed upon b~'us and the neighbor that a fence would best protect his privacy since there are 10 people living in our house. (Continue on other side) INDEPENDEN~ GROUP HC~E ~T~I~i~ ~~1( GH ) REASON FOR APPEA~-''': ' Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sory HARDSHIP becouse Because of the height of our deck, a six foot fence does not provide the privacy we are seeking. 2. The hardship created is UNIQUE amd is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~-e nattL~e of ou~ program ±$ d±fferent than J~q~ect±ately actjoin±ng pzopert±es 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The fence would not be seen by anyone other than us and our neighbor STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ............... .~.. ........................... doy Signature of .. · ................................ b'I'ELLA J. ARNOLD ×o. ~ _ ~ ?_~,~,_ / TOWN OF SOUTHOLD P~OPERTY RECORD CARD OWNER STREET ~t"'2~'~O VILLAGE DISTRICT SUB. S .~ . . ' ' ~PE OF BUILDING AGE BUILDING CONDITION N~ NOeL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 t BULKH~D Tillable 2 '~ D~K Sw~mpl*nd Brushl~ ~ ~ Ho Plot ..... ~' Total Extension ~ = ~1 {. ~ I ~ . Basement ~ Floors Breezeway Patio Rooms Garage ~O~.~O~don~ ~ ~ ( A/K/A N.y. STATE N. 60° 54'00"£. MAIN ROAD 4,4 I HIGHWAy ROUTE 25 ) 85.00' AREA = 15, 920 SO. FT. Prepored in occordence w/th lhe minimum slenderds for lille surveys es esteblished l~yor#m L.LA.L.$. end opproved end edopled such use by The New York Slote Lend Title Assocletion. ~. LIC. NO. 49618 SOUTH SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY 1000 061 - 0:~ 01 88 ' 195 APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 16, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Walter Stockton P.O. Box 638 62 Pine Street East Moriches, NY 11940 Re: Appl. No. 4134 - IGHLP, Inc. (Fence Height) Dear Mr. Stockton: With reference to the above application, please find attached a copy of the Board's determination rendered on Monday, November 9, 1992. Before commencing activities to locate the fence, please be sure to return to the Building Department for processing of your permit application. Copies of this determination have also been furnished to the Building Department for their update and permanent recordkeeping, as well as the Suffolk County Department of Planning which has jurisdiction for projects located within 500 feet of a state roadway. Please do not hesitate to call us if you have any questions. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning COUNTY OF SUFFOL~ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ D~RECTOR OF PI-ANN~NG Town of Southold Zoning Board of Appeals November 23, 1992 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Edwards, Charlene Independent Group Home Living Program Inc. (IGHLP) Bitsakis, George, & others 4099 4134 4136 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cutu,~ssion: X Variance from the Zoning Code, Article XXIII , Section 100-231(B) Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No: 4134 Applicant: INDEPENDENT GROUP HOME LIVING PROGRAM, INC. Location of Affected Land: 52550 Main Rd., Southold, NY County Tax Map Item No.: 1000-61-3-1 Within 500 feet of: (IGHLP) 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X 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 Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage 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 Mile of an Airport Comments: Applicant is requesting permission to place fencing at more than the 6½' height limitation (proposed height: 8 ft.) Copies of Town file Dated: Nov. 10, 1992 and related documents enc]osed for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Ri c~bre~[t ~.' V~lll~ ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 23, 1992 Mr. Walter Stockton IGHLP P.O. Box 638 62 Pine Street East Moriches, NY 11940 Re: Appl. No. 4134 - IGHLP, Inc. (Fence Height) Dear Mr. Stockton: Attached please find a copy of the first page of the board's determination on the above variance which corrects the first paragraph(property location) You may wish to replace the first page with this copy for your future use. Very truly yours, Enclosure Linda Kowalski Another alternative would be to g,~ with 8' h~qh cedar stoc~ad~ and s~allop it to the lowest part of 7~ ~ This is a more affordable way to ,:chieve what you are looking for,' Cost for B'xS' scalloped secuion $ 106.00 9~proxi~,atelv CCA pOgts 4x4x10' 14,50 plain '--~f~-~~$~-~..{~x~(), Labor for ~n~tallation will be de~ermlned after physical estimate. If you don't mind =he Standard stockade (top the prl¢e Der aec=~on is $96,00. Present PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 9, 1992 (7:30 p.m. : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON Hearing) HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board Page 4 11/9/92 APPLICATION 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: 52550 Main Road~ Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 7:38 p.m. ( The Chairman opened the hearing and read the LegalNotice and application for the record.) Excuse me, that is in favor. THE CHAIRMAN: I have one letter of objection. / This house is the former Dr. Campbell house. It is on the Main Road and Oaklawn Avenue. The fence is a penned-in fence shown on the survey --meaning penned-in in reference to its placement-- They are requesting an eight-foot-fence where the Zoning Ordinance only requires a six-foot-six fence and leaves no other relief but to come to this Board; and I have a Suffolk County Tax Map, a copy of the Suffolk County Tax Map indicating this and surrounding parcels in the area. Is there somebody who would like to be heard? MR. WALTER STOCKEN: When we added onto the back of the house, it is a raised deck 2 and a half feet high. Our side yard really overlooks our neighbor's side yard, which is his back yard basically; and, as you know, it is a group home, and ten or twelve people can be out on our deck; and if our neighbor wants to have a quiet dinner out there, our. guys are very nice, Page 5 - 11/9/92 but they tend to look; and I just think it would be nice for all of us =-I think you got a letter from our neighbor Mrs-. Fischetti in favor of it-- and the eight-foot fence would give us the separation we are looking for. And the fence can't be seen by anybody except the two parties. You can't see it from the road, the side street. THE CHAIRMAN: Is this a stockade fence? MR. STOCKEN: It is a little better than a stockade fence --stockade type-- but I think it is (word inaudible). anything? THE CHAIRMAN: MR. STOCKEN: THE CHAIRMAN: You don't have a picture of it or Not with me. Could you kind of send us one or fax it to us or something of that nature? MR. STOCKEN: I will get it to you tomorrow. THE CHAIRMAN: Great. Thank you so much. MR. WILTON: Can you define where the fence starts and ends? There is a very large tree there, to the south and these bushes to the north. MR. STOCKEN: We are not removing anything. It starts behind the big tree, and it goes straight back along the property line, and it is clear there. THE CHAIRMAN: Approximately how close to the property line? MR. STOCKEN: As close as we can go. Whatever is allowable. Page 6 - 11/9/92 THE CHAIRMAN: Well, it is really six inches, but -- MR. sTOCKEN: It will be more than that, but as close as we can get to the line. We have a lot of room. THE CHAIRMAN: So if we set a foot and a half in the decision, that would be right? MR. STOCKEN: Sure. THE CHAIRMAN: Okay. Anybody else like to speak in favor of the application? (There was no response.) THE CHAIRMAN: Anybody like to speak against the application? (There was no response.) THE CHAIRMAN: Any further questions from any Board members? MEMBERS: No. THE CHAIRMAN: Hearing no further questions, I make a motion closing the hearing and reserving decision until later. Thank you very much for coming in. THE CHAIRMAN: You will fax that to us tomorrow, and we will make a decision. What is your timeliness on this? You want to get it done quickly? MR. STOCKEN: inaudible). THE CHAIRMAN: Maximum height, with the posts, eight feet point zero. That is what you are talking about, right? MR. STOCKEN: Yes. Yes, as soon as possible because (phrase Page 7 11/9/92 THE CHAIRMAN: MR. STOCKEN: THE CHAIRMAN: So the scallops are not-- The scallop is (inaudible). All right, thank you. THE CLERK: The scallop is the end, he says? THE CHAIRMAN: The scallop is the peak. It is going to be eight even; the land there is pretty straight anyway. Page 8 - 11/9/92 APPLICATION Appealing the the building ins 100-30A.3 for the F with awning at a setback the front property line i137 - APPLICATION OF JANE C. PEACE r 19, 1992, Notice of Disapproval issued by for relief under Article IIIA, Section ~nt of a raised concrete patio extension less than the required 35 feet from Reydon Drive. Location of Property: 40 Grove Drive at Southold, Reydon Shores, Section County Tax Map Parcel No. 1000-i 7:42 p.m. (The Chairman opened the Notice and application for the record THE CHAIRMAN: I have a copy two-story frame house, received November Van Tuyl, PC, and a copy of the Suffolk indicating this and surrounding properties there someone who would like to be heard? Appearance: Don McGayhey, Esq., for the Applicant MR. McGAYHEY: Good evening. My name is I am attorney for the applicant Jane Peace, who is left this evening. THE CHAIRMAN: MR. McGAYHEY: ~ersection with Reydon Drive, Lot 23, 24 & 1/2 of 22; 17.1. and read the Legal the survey indicating a 1992 from Roderick Tax Map the area. Is Right. I have a similar situation as McGayley. ted to my Edwards application. My client is under contract to sell property. She is moving to Ohio. It has come to light that this patio, raised patio extension and awning, she and her APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO3TF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 13, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4134 Project/Applicants: Independent Group Home Living Program, Inc. County Tax Map No. 1000- 6]-3-] Location of Project: 52550 Main Rd., S0uth0]d, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct 8' high fence in side yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2('jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York l1971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4134.INDEPENDENT GROUP HOME OCTOBER 9, 1992 Transmitted is application for variance submitted by INDEPENDENT GROUP HOME LIVING PROGRAM .together with Southold Town Building Department Notice of Disapproval. Notice to Adjacent Property Owners. State Environmental Quality Review Short Envrlonmental Assessment Form. Z,B.A. Questionnaire submitted with application, list of IGHL Board of Directors. Bargain and Sale Deed to present owner, Certificate of occupancy, Certificate of Occupancy nonconformin premises, map of property with proposed project. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevenb a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski L.L Sound bluff. Lo,aLton of prop- ~~ erty: 1035 Aquaview Avenue. Ess! NOTICE IS IIEREBY GIVEN. Marion. NYi Coun y Tax Map parcel pursuant to Scelion 267 of the Town Law and the Code of the Town of No. 1000-21-2-13. This property !s n~mconforming as lo total lot area in Southold. the following matters will this 1{-40 Zone District. (llcaring was be held for public hearings before the previously, postponed f?.r nqc'°P~rn. SOUTt OLD TOWN BOARD OF APPEALS at thc Southold Town 1 ,all, 'rraslees acUOn on Coastal Zo 53095 Main Road. Sotrthohi, New mitjutisdictitm). 5) 7:50 p.m. AppI. No. 4136 -- York 11971, on MONDAY, NovEM- Application for GEORGE BIT- BF.R 9, 1992 commencing'at the times specified below: 1) 7:32 p.m. App1. No. 4099 -- Application of CIIARLF. NE ED- WARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck ex- tension between existing deck and stairs along the bluff of the Long ls- land Sound. Location of Property: 880 Salt Marsh Lane, peconic. NY; Coun- ty Tax Map parcel No. 1000-6g-3-8-2- The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. AppI. No. 4098 -- Application of INDEPENDENT GROUP tlOME LIVING pRO- GRAM, INC. (IGItLP) appealing the June 30, 1992 Notice of Disap- proval issued by tbe building inspec- tor, for relief under Article XXIII, Section 100-231(B) of the Zoning Ord hence for the placement of fenc- ing at more than the 6-1/2 fl. height limitation {proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County T~x Map parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 -- Application of JANE C. PEACe appealing the October 19, 1992 Notice of Disapproval issued by thc building inspector, for relief under A~clc IliA. Sccfic~ 100-30A.3 lot the placement with awning at a setback of less than the required 35 feet from the front prope~y line along F. eydon Drive. Location of Property: 40 Grove Drive at Intersection with I~.eydon Drive, Southold, Reydon Shores, Section 11, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 -- Application of TONY AND MARIA KOSTOULAS for a Variance to thc Zoning Ordinance, Article XXIlI, Section 100-239.4 for approval of deck extension (at or near ground level) and fonce,_as exis.~t_s, near the SAKIS AND OTIII';RS (Owners) I for a Variance under Article XXIII, SectiOn 100-239.4A for pum~ission to constmct addition and ~cconstmct ex- isting dwelling structure areas located within 100 feel of the L.I. Sound bluff or bank. Location of pwpeay: 5'/065 C.R. 48, G~enport, NY; County Tax Map parcel No 1000-044-2-1. This' sod accessory building, in conju~c- cipal single-familY residence. ~o°Ca~l' Conservation (A-C)" Zone D strict. Town Planning Board conc~mm~ KATHRYN 11. pEXTER un.d..crfoArr~! !527 -LT.f~ -- STATE OF NEW YORK) ) SS: COUNTY OF SIJ~-~OLK) Cara Conklin of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at M~ttituck, 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 regular- ly published in said Newspaper once each week for on~ weeks successively, commencing on the 29~h .dayof 0c~°beCl992· ~_ ~ Principal Clerk Sworn to before me this ,-77~/~-~ ' dayofOCtober/]19~ /~ .- ?,,orary P~blic. S,'a~ of New'fdrk COUNTY OF SUFFOLK ss: STATE OF NEW YORK NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, s 2 commen- specified 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLINE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension bet- ween existing deck and stairs along the bluff of the Long Island Sound. Location of Pro- perty: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel NO. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 Application of INDEPEN- DENT GROUP HOME LIV- ING PROGRAMI "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 Zon-: lng Ordinance for the placement of fencing at more than the i 6-1/2 ft. height limitation (pro- posed height: 8 ft.). Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1~ ,:, ...... [ ¥:~8 p.M." A'IspI~ No. 4137- r ApPlication of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IliA, Section 100-30A.3 for the place- ment of a raised concrete patio extension with awning at a set- back of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Sec- tion H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of ,,TONY AN,D "~'IA~'IA_.I_~KO~I'OCLAS lot a Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.L Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees ac- tion on Coastal Zone Permit jurisdiction). 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE.BIT- [ SAKIS A N I ~) for a Variance under Article XXIII, Sect on 100-239.4A for permission to construct addition and , reconstruct existing dwelling! structure areas located within 100 feet of the L.l. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel NO. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE RIDGE~ INC. to 'inclfide, as amended, a request for relief under Article 111, Section 100-31A (1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family, member of a proposed accesory building, in conjunction with ~ the use of the proposed prin- c pa s ngle-fan~ ly res dence. Location of Property: 14990 ~ Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-: Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of 10t line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, ~-239.4B for a rehear- ing, or in the alternative, new Application for a deck exten- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .... ~)/'L~-~._.~'. ............... weeks successively, commencing on tile .c~f:~.~ ............. SWOi'I1 to befme me this . . ~,~.~ ............ .. ~ C'~'. ~5. ~L~''- ........ 19 Notary Public BARBARA' A~ SCHNEIDER' NOTARY PUBLIC, State of Nevi York- No. 4~,0CC46 Qualil]ed in %l!,~lk County Corlln;i:sLm Expires g/3;/q*ff sion, as modified, plus second- story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property 8380, Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. The Board o f Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may , also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start r before the times designated] above. For more information, please call 765-1809 or visit our office. I Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski D(-10/29/92(25) bJ Z .Z _J v 0 MAIN ROAD ( A/K/A N,~ STATE HIGHWAy ROUTE 25 ) N, 60° 54'00"E. 85.00' 4.4i IZT' - ~ - 44.$~ :0 Q ~o o / o 61 o 30'O0"w. LINDA AREA = 15, 920 SQ. FT. Prepared in accordance w/th /he minimum standards for t/lie surveys os esloblished by lhe L./.A.L.$. and approved and odopled Ior such use by The New York S/ale Land T/lie Association. SOUTH~ ! : ; ~ LIC. NO. 49618 ir' ~ll ~ 7'1 SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. 10o0 - 061 03 - SCALE 1" = 3O' JUl. Y 8, 1992 01 · RR - 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) SEQR APPLICANT/SPONSOR J 2. PROJECT NAME ~', ~,//~ L. 3. PROJECT LOCATION: 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF [.AND FFECTED; r 9. WH T IS PRESENT LAND USE IN VICINITY OF PROJECT? ~Residentlal [] In0ustrial [] Commercial 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL~? 11. BOBS ANY ASPECT OF THE ACT~C.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT CF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOOiFICATiON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S' Environmental Quality Review Act requires submission . before any action is taken. I_NSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the slue? ____Yes ~o 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- known to be important to the community? Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical environmental area by a local agency? . Yes 10. Will project have a m~jor effect on existing Or future recreational opportunities? - Yes ~o 11. Will project result in major traffic problems Or cause a major effect to existing transportation _,__Yes ~ 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- .. ance as a result of the project's operation? ~Yes ~ 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent Over a one-year .,__Yes ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. ~s there public controversy concerning the project? ZBA 9/75 QUESTIONNAIRE FOR FILING 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.) B. Is the subject premises listed on the real esta=e market for ~ sal~ or being shown to prospective buyers? { } Yes {~Q No. (~f Yes, pl~ a~e~-b c.o!~/ ~Lf "condiments" of sale.) C. Are the~e_=nw%~-uposals to ~ange~r alter land c~n=ou~? { } Yes No D. 1. Are there any areas which contain, wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? ~/~ 3. Is the property bulkh~aded between the wetlands area and the upland building area? ~//m 4. If your property contains w~ or pond areas, have · you contacted the Office of the TownTrustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed copstruction at or below five feet above mean sea level? .A//~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which ew~t ~md are not sh~r~n on the survey map that you submitting? ~/J~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /b/{~) 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? /z/~ If yes, please explain where or submit copies of deeds. - I. Please list preseat us~ or operations conducted at this parcel .~ ~/~ ~' and proposed use ~ ~77w9~ norized 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Sou~:hold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [A. dded 6-5-84 by L.L..No. 6-1984! WETI--~-XFDS ['Amended 8-26-76 by L.L. No. 2-1976; 3-25- 85 by'.~L_L. No. ~.1985]: -' .... · '"~ {oAL WSTLANOS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean iow 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, gruundseL maxshmnilow and (3) All land immediately ndjacent 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. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- nd. as defined in Subsection B(1) and lying with- in seventy-fivo (75) feet landward of the most land- ward edge of a "freshwater wetland." 970~ IGHL BOARD OF DIILECTORS Konr~d Kuhn, President S tarlite Transmission Route 25A Coram 11727 5 Water Road Rocky Point 11778 James Walker, V. Pres. SuffoLk Community College 143 Willow Street Rosyln Heights 11577 Hon. Rockwell Colaneri Sec/ 6th Dist. Court Treas 19 Tower Hill Road P.O. Box 249 Shoreham 11786 Ted Alpert Alpert Furniture Montauk Highway Westhampton 11977 Richard Antunovich Rocky Point J/S HS Vinny Bove 82 Beach Road Westhampton Beach 1197~ 86 Inlet View Path East Moriches 11940 16 Soundview Drive Belle Terre 11777 Lou Cila 24 Hillside Court St James 11780 Raymond Downey 3 Huntington Rd. Rocky Point, NY 11778 Ms. Randy Parr 9 Cynthia La. Center Moriches, NY 11934 Bruce K. Fuhrmann Swezey Fuel Co., Inc. Jeanne Lyon Dr. Frank OLiveto 3400 Nesconsett Hwy. E. Setauket 11733 16 Linda Lane Setauket 11733 P.O. Box 339 E. Setauket 11733 9 Hemlock Path Pt. Jefferson 11777 Walter W. Stockton is the Chief Executive Officer of Independent Group Home Living Program, Inc. and is authorized to handle matters pertaining to I~L. Walte'~ W. Stockton WC82 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULp',~i~~S/gflLY. INDEN~I~ made the 17.~h ~y of December , nineteen hundred andninety-one JOHN C. W. CAMPBELL and VIRGINIA W. CAMPBELL, His wife, both residing at 52550 Main Road, Southold, NY 11971 ~rtyofthefirstpa~, ~d INDEPENDENT GROUP HOME LIVING PROGRAM, INC., a Not for Profit Corporation, organized under the Laws of the State of New York with its principal office located at 62 Pine Street, East Moriches, New York party of the second part, WITNF..~ETlt, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that ce. rtaln plot, pi. ece or parcel of land, with the buildings and improvements thereon erected, situate, lying and b~mg in the m the Village and Town of Southold, County of Suffolk and State of New York,' being more bounded and described as follows: BEGINNING at the comer formed by the intersection of the southerly side of Main Road (NYS Route 25) and the easterly side of Oaldawn Avenue; ~THENCE from said point of beginning, along the southerly side of Main Road, north 60 degrees 54 minutes 0 seconds east, 85.00 feet to a point and lands now or formerly of Kuszynski; THENCE along said lands south 32 degrees 04 minutes 00 seconds East, 200.00 fee~ .to lands now or formerly of Fischetti; THENCE along said lands south 61 degrees 30 minutes 00 seconds west, 74.80 feet to a monument on the easterly side of Oaklawn Avenue; THENCE along the easterly side of Oaldawn Avenue north 35 degrees 00 minutes 00 seconds West, 200 feet to the point or place of BEGINNING. The grantors herein being the same persons as the named grantees in a certain deed dated 4317/84, recorded 5/10/84 in Liber 9560 cp 516. TOGETIIER with all right, title and interest, il any, of the party of the first part in and to auy streots and roads al)utting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO }lOLl) }be premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of tile first paFt covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Liefi Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the pa)'ment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever tile sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Jt c. w. CAMPBE [ VtR~,INtA W. CAMPBEf. I. ' STATE OP NEW YORK. COUNTy OF SUFFOLK ss, Onthe 17thdayof December 1991 ,before me personally came JOHN C. W. CAMPBELL and VIRGINIA W. CAMPBELL to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that /~ executed the same. N~ ~' Stat~ ~ c~nt~ - ~- mZA45~7§!8 STATE OE NEW YORK, COUNTY OI On the dayof 19 , before me personally came to me known, who, being_by me duly sworn, did depose and say that he resides arno. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is sue', corporate seal; that it was so affixed by order of the board of directors of said corpora- tlon, and that hc signed h name thereto by like order. STATE 05 NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged Ihat executed the same. STATE O1: NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom ! am' personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as ~witness thereto. J~argatn anb bale ~eeb Wll N COVENANT AGAINS'I'~RAN'IOR'S ACIS JOHN C. W. CAMPBELL AND VIRGINIA W. CAMPBELL TO INDEPENDENT GROUP HOME LIVING PROGRAM, INC. Distributed by First American Title Insurance Company of New York SECTION BLOCK LOT COUNTY oa TOWN Recorded At Request of First American Title Insurance Company of New York aETURN By MAlL TO: GARFUNKEL WILD & TRAVIS 175 GREAT NECK ROAD GREAT NECK NY 11021 attn: DAVID BIEHL, ESQ. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20647 Date APRIL 15r 1992 THIS CERTIFIES that the building ADDITION & AL'~w~GLTION Location of Property 52550 MAIN RD & 45 OAKLAWN AVE. SOUTHOLDr N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 61 Block 3 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore file8 in this office dated NOVEMBER 13r 1991 pursuant to which Building Permit No. 20291-Z dated NOVEMBER 22~ 1991 was issued, and conforms to all of the requirements of the applicable provisions of t~e law. The occupancy for which this certificate is issued is DECK ADDITION & ALTERATIONS TO ~r~TING ONE FAM]T~ DWF~.ING FOR COMMUNITY RESIDENCE AS APPL ~.~ FOR. The certificate is issued to (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL INDEPENDENT GROUP HOME LIVING N/A UNDERWRITERS CERTIFICATE NO. N-228964 - MARCH 20~ 1992 PLUMBERS CERTIFICATION DATED MARCH 25{ 1992 - G.SCHOENW~LnER / ~ding Inspector Rev. 1/81 !EL I~o.516-765-$902 Jul ~? 9 ~6:02 P.05 TOWN OF SOUTHObD OFFICE OF BUILDING INSP~.,CTOR TOWN HADL $OUTIIOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that'the Usc(s) i ' ~, ...~A' ' '~"~ ' l~catcd at .:':5~.$.$0 .,~i, iain Rd, - --:'..:8~re~ l, , itamlet Shown on County ,tax.'rn'~'.'.~f~s .District 1000, ~ectton 061_ , Block 03 , · -: ~oto01 To~ of 5outhold for ihs following reaso~si Insuiflcten~ total area. ,, Pre C.C. I- Z1434~ Date- Ap~ll.l?,19S6 On the basis of information presented to the Building Inspector's Office, It has been determined that the ab.ove nonconbrming _/~ Land /_--/Butldingfs) ~_/Use(s)-~'.Qtsted on ihs effective date the present Building Zone Code of ll~e Tm~ o£ Southold, and may be continued pursuant to and subject to the ~ppli~ cable provisions of said Code. IT I8 FURTHER CERTIFIED that, based upon information presented to the Building Inspector's'Office, the oucupancy and use for which this Certffi- cate is issued is as followsi _.Property ~tain6 wood £ramed, one Eamily. dwellin~ with a home occupation{ Door*rs husines~.' Pzoperty"als$ h~wo accessory' Mpild.inss and a ~ence on the west side p~operty line. Property situated in th~ A-Residential-Aszicultural Zone with acces~,.to,,Main Rd.; a State maintained h~ay. . . Tt%e Certificate is issued to_ CAMPBELL, .JOHN Ct&VIRGINIA. , (owner. k~ee~x~x 9.e~=~l UNDERWRITEf{S CEII'flFICATE 'NO. N/R _ . NOTICE IS tIEREBY GIVEN that the owned'of the above premises ~S NOT CON~ENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine ff the premises comply ~v~th al~ applicable codes and ord~- a~ces, other than the Building Zone Cod~, and therefore, no much inspection has been conducted, Thi~ Certificate, therefore, does not, and is not ~tended lo certify that the premises comply with all other applicable codes and re~ula- APPEALS BOARD MEMBEP~ Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24, and 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. WHEREAS, all those who recorded; and a public hearing was held on November 9, 1992, and desired to be heard were heard and their testimony 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, the surrounding areas; and 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) A COUNTY OF SUFFOLK ;~,~ SOUTHOLO 061 R A-C ~ R 80 R~-80, R--4( ~ A/IC A-C A-C A--C R -40 V <3) COUNTy OF SUFFOLK J~,,.~ SOUTHOLD · · -M ]~ R 80 /"tO R-,CJ0 R---80, . SOUTHOLD A-C A-C R -40 TOWN CLERK Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Date BOARD OF APPEALS, TOWN OF 5OUTHOLD In thc Matter or the Petition of to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: 6/ -5 .-- 3, NOTICE TO ADJACENT PROPERTY OWNER I. That it is the intention of the undersigned to pe~lo~ the Board of Appeals of the Town of 5omhold to requesta~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is Ioc~_~ted adjacent to your property and is des- ~ cribed as follows: . z/ex /'7,,qz;' .,'GD, /OZ2D .-~o/'//')-,.,~ ~, I ~.X/ ~ /t27' I / 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 Tha~ b~ sucb Petition, the undersigned will request the following relief: ~-~ 5. That the provisions of the Southold Town Zoning Code applicable~to the relief sought by the u~er- signedare Article ~ X I) Section [ ] Section 280-A, New York Town Law for appr0va] of access over r~ght(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will' be filed in the 5outhold Town Clerk's Office at Main Road 5outhold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must bc published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for thc publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: / / Petitioner O~ners' Names :..~' ..~/~z~ Post Offic~ Addre~ Tel. No. (~) ~2~-~?~.~ [Copy of sketch or purposes.] attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS :~ 'c°mplete~tem~ ' and/or2for addi~on.laena~ea. ' 8'.0 wish to receive P~i $25 718 8.-¥~ ;eaa.e,~'~.l. dress (Only if requested J PS Form ~1 1, December 1991 * u.s.G.P.o.:~oT_sao OOMESTIC RETURN RECEIPT STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: f,~(/U ~./&/L/~,. ,. , being duly sworn, deposes and says that on [he ~ day of /..lC_ ~ ,~-~ f- , 19 ~')- , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment eoJl of the Town of. Soulhold; that said Notices were mailed at the United States Post Of- fice at ~'~ ~ '/'- ,/~ 0 t~' ~ ~'~ ~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ~ Ix \ \\ Sworn t o ~fo[~.me~, t his / N~Public (This side does not have to be completed on form transmitted to adjoining proper~y owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: O'o / /v YOU ARE HEREBY GIVEN NOTICE: ( t~ request a ~(Special Exception) (Special Permit) (Other) NOTICE TO ADJACENT PROPERTY OWNER 6/-3- 2 That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold [circle choice] cribed as follows:2' That the p r op~_~._ which.~_..~_. Lpis the,/¢9~/~'/subject of the~Petition.~D u'~/eP ~ c:~/) ~' Y'"is located adjacgnt to your property and is des- I l 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~. such Petition, the undersigned will request the following relief: ~-~? 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A~cle ~X~X 11 5ectZon /DO~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names: Post Office Address Te . No. [Copy of sketch or plan purposes.] showino ~'~[,'~§.:,)~.~tached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS ~ SENDER: I also wish to receive the ~ At~ach this form to the front of the mailpie~e, or on the back if space 1. [] Addressee s Address ~rite,..emm.eceimRequested"onthernailpiecebelo~theamclenumbe, 2. [] Restricted Delivery 3. Article Addressed to: I 4a. Article Number 52650 Main Rd. f,,~,,u'"-_~J_Cj~Ll~erad [] ,nsurea ate ~Dehvery ][~ ~ ~uee lad~r~-see~ ~ ~A~ s Add~ess {Only if II<~ ~'Tt TI ~ & ~~fee,s pa,d) i~gtu~ STATE OF NEW YORK ) SS. COUNTY OF SUFFOLK) /X//~.Y~)~ U L~. /V ".f , , being duly sworn, deposes and says that on the ~" day of - '([//~'-~_v_, ,19 6/'7~.,deponentmailedatruec°py°ftheN°ticesetf°rth°nthere' verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresse~ set opposite the names of said persons are the addresses of said persons as shown on the currer~t assessment roll of thc Tos~n of Soulhold;that said Notices were mailed at the United States Post Of- fice at ~','~S'/- /f~ Or( ~.L/{ ~ ~ _; that said N~,i~c~ were Tail%to each of said persons by Sworn to~l~f~ n~e this , day o.f / -- Not;~/y ~ublic (This side does not have to be completed on form transmitted to adjoining property owners.)