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HomeMy WebLinkAbout3668Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLO, L.l., N.Y. llCJ?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3668 Application Dated September 3, ]987 TO: Mr. and Mrs. Gerard C. Keegan 151 Brixton Road Garden City, NY 11530 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 28, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article ×I , Section ]00-119.](A) [ ] Request for Application of GERARD C. KEEGAN for a Variance to the Zoning Ordi- nance, Article XI, Section IO0-119.1(A) for approval of construction of fence in the easterly frontyard area at a height of six feet. Location of Property: West Side of Founders Path and East Side of Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-4-10, Founders Estates Lot 39. WHEREAS, a public hearing was held and concluded on October 8, 1987 in the Matter of the Application of GERARD C. KEEGAN under Appl. No. 3668; and WHEREAS, at said hearin9 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, the 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. This is an application requesting a Variance from the Provisions of Article XI, Section 100-119.1 of the Zoning Code for approval of the construction of a 46-ft. long fence set back approximately 3½ feet (at the westerly corner) and six feet (at the easterly corner of the fence) and at a height of six feet. The sketch submitted with the application shows the fence totally in the frontyard area, however, the sketch appears incorrect since the fence at the westerly end of the fence is located partly in the sideyard area (near the deck). The portion of the fence which is within this Board's jurisdiction is that portion within the frontyard area which exceeds four feet in height. 2. The premises in question fronts along two streets, namely: Hobart Road and Founders Path in the Hamlet of Southold, Town of Southold, and is more particularly known and identified as Lot #39, Map of Founders Path and Suffolk County Tax Map District 1000, (CONTINUED ON PAGE TWO) DATED: November 18, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3668 Matter of GERARD C. KEEGAN Decision Rendered October 28, 1 987 Section 64, Block 4, Lot 10. 3. The subject premises contains a total area of .32+ of an acre and is improved with one single-family, one-story dwelling structure as shown on copy of survey prepared by Sealand Surveying & Engineering, P.C. July 18, 1986. 4. Article XI, Section lO0-119.1 permits fences, walls, hedges, or other live plantings within five feet of the property lines and: ...A. When located yard property line in height... in the frontyard along the front ...not (to) exceed ...four feet 5. By application for a Building Permit filed July 23, 1987, the applicant requested permission to place the subject fence (46' in length at a height of six feet) to be placed approximately two feet from the northerly property line. The Building Inspector granted a Permit under this application July 27, 1987 under Permit No. 16277Z with the understanding that the subject yard area was not a frontyard area. Subse- quently, the fence was constructed and on August 25, 1987, a Notice of Disapproval was issued by the Building Inspector requiring this variance application due to the fact that the subject premises has two front yards and unknown to the Building Inspector at the time of issuance of the permit. 6. It is the opinion of this Board that the regulations of the Town concerning limitations on fence heights along the frontyard areas cannot be varied for the reasons stated in the application. The percentage of relief requested is substantial, being a variance of 35± percent of the height requirement. There are no other fences in this yard area, and the allowance of the fence at the excessive height would not be within the character of the area and will be a substantial change, creating other precedents to follow. 7. There are other methods feasible for appellant to pursue either by replacing the fence with a four-ft, high fence in those areas protruding into the frontyard area and/or relocating the subject fence along the sideyard areas [lO0-119.1(B)]. 8. In view of all the above factors, the interests justice will be served by permitting a fence, as noted below. of Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the following relief in the Matter of the Application of GERARD C. KEEGAN under Appl. No. 3668 and with the following CONDITIONS: 1. That the fence height not exceed four feet in height in the frontyard area (that area starting from the outer edge of existing deck); Page 3 - Appl. No. 3668 Matter of GERARD C. KEEGAN Decision Rendered October 28, 1987 2. That the fence height shall along the sideyard area as permitted (lO0-119.1B). be permitted at 6½ feet by the Code regulations 3. That the Building Permit application and permit records be amended to reflect compliance with this decision. Vote of the Board: Ayes: Messrs. Goehringer, Gri§onis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TO¥ffN cLERK Town Clerk, Town of $outhold 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting a~ the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, OCTOBER 8~ 1987 at the following ~mes: 7:35 p.m. Appl. No. 3651 DEAN KAMEN. (Recessed from 9/10/~87). 7:40 p.m. Appl. ~o. 3592 BENTE SNELLENBURG. (Recessed from 8/20/87) 7:45 ~.m. Appl. No. 3668 - GERARD C. KEEGAN. Variance ~ ~ to the Zoning ~Ordinance, Article ×I~ Section lO0-119.1'~(C)for ) ) appr6val of cohstructioa of fence in the easterly frontyard ~' area at a height of six feet. Location of Property: ~6~t~Side ~ '.~f Founders Path and East Side of Hobart Road, Southold, NY; ~ _ounty Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 3~ 7!50 p.m. Appl. No. 3657 CLYDE FRITZ. Variance to the Zoning Ordinance~ Article III~ Section lO0~31 for approval of insufficient lot area, width and depth of two proposed parcels fronting along the westerly side of Cedar Lane, Southold~ NY; County Tax Map Parcel No. 1000-78-7-45.1, containing a total area of .694 olf an acre. 7:55 p.m. Appl. No. 3663 MARIO CASTELLI. Variance to the Zoning Ordinance, Article III, Section 100-30 for approval of sign as exists of excessive size in this "A-40" Residential and Agricultural Zoning District and advertising ~'Landscaping & Sprinklers by Forever Green~" Location of Property: South Side of North Road (C.R~ 48), Peconic, ~¥; County Tax Map Parcel No. 1000-69-4-1.3 8:10 p.m. Appl. No. 3653 NORTH ROAD ASSOCIATES. (Recessed from 9/10~/87). -' 8:15 p.m. ADpl. No. 3593 and No. 3659 QUIET MAN INN. (Both hearings recess6d-fro~ 9/10/87) 8:25 p.m. Appl. No. 366~ - ANA G. ST~L[O. Variance to rescind prior deci~iom rendered under Appeal No. 3562 on December ll, 1986 for a conditional approval under New York Town Laws Section 280-a~ and deleting Condition No. 2 of prior decision rendere~ under Appeal No. 36}9 on April 2~ 1987, and as an alternative being subjec~ to Ne~ York Town Law, Section 280-a over the existing Page 2- Notice of ~earings Southold Town Board of Appeals October 8, 1987 Regular Meeting right-of-way approximately lO0 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Boar¢ for this set-off division of land), located along the north side of Main Road, Orient, NY~ County Tax Map District lO00~ Section 14, Block 2, Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670 ROBERT H. FREY. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission To locate open deck construction with an ~nsuffici~nt setback from e~isting bulkhead at Harbor~Lights Estates, Section I, Lot 10, Southold, NY; County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669 - MICHAEL AND EliZABETH LADEM2NN. Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insufficient setbacks from %he northerly front property line along a private a ri§hr~of-way and from the nearest wetland grasses, premises known and referred to as Lot No. 1, Map of Blum and Littell~ located along the East Side of Stillwater Avenue, C~tchogue~ NY~ County Tax Map Parcel No. 1000-103-1-19.6. The Boar~ of Appeals will hear at said time and ~lace all persons or representatives desiring to be heard in each of the above matters. Each hearin~ will no~ start before the time allotted. Written commen~s may be submitted ~rior to the conclusion of the subject hearin§. For more informa- tion, please ~all 765-1809. )ated: September 28, 1987. BY ORDER OF THE SOUTNOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to New6papers: Please publish once~ to wit: October 1987, and forward six affidavits of publication on or before October 6th to: Board of Appeals, Main Road, Southold, NY 11971. Thank you. FORM NO. 3 ~- ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAI~E NOTICE that your application dated . for permit to consffact. ~-..~.~qb. ~ .5~¢~.e.~..-4~..~...~.. ~.a~. ~...~kC.J~ .... at Location of Property ~o~u .se~ ~. . . ~'~. . . . '(~" '~'[fieb ~ '~"~ ~ County Tax Map No. lO00 Section ....~>.¢.~. ..... Block .... C~..~ ...... Lot . ]/} .......... Subdivision ................. Filed Map No ................ Lot No .................. is returned kerewith and disapproved on the following grounds ~T~.~R~. ~..~. ~... ' - (,.~.,l ~ ........... .............. Building Inspector /80 'FORM NO. 1 TOWN OF SOUTHOLD CItE SK BUILDING DEPARTMENT SEPT[C TOWN HALL NOTIFY $OUTHOLD, N.Y. 11971 TEL.: 765-1802 CALL ..~ MAIL · .a,.3., 19x. 3 ApprovedExamined...~ ~V~..~.._/]., 1,8..7. permit No. ~ G .~7.~...~' Disapproved a/c .................................. ..~ / / (Building Inspector) B/~hRD OF HEALTH ...... 3~dETS OF PLANS ....... SURVEY .......... FORM ............. APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and' submitted to the Building Inspector, with 3 sets of plans, accurate plot plat~ to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship ro adjoining premises or public streets or areas, and g~ving a detailed description of layout of property must be drown on the diagram which is parr of this appli- cation. c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approvm of tiffs applicatmn, the Building Inspector wilt ~ssued a Bmldlng Permit to the apphcant. Such permit shall be kept on the premises a[ailable for inspection throughout the work. e. No building shall be occupied or use~i in whole or in p~rt for any purpose whatever until a Certificate of Occupanc) shall have been granted by the [Building Inspector. APPLICATION IS HERE~Y MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o~ Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as hereSn described The applicant agrees to comply with all applicable laws ordinances building code. housing code. and regulations, and tc admit authorized inspectors on]premises and in building for necessary inspections. (Signature of applicant, or name. if a corporation) (Mailing address of'app!icant) (Name and title of corporate officer) ALL CONTRACTORVS ~IJ~ST...~E_.. ~FFOLK COUNTY LICENSED Builder's License No ....... ,~..~. ~ ............ Plumber's License No ........................ Electrician's License No ...................... Other Trade's License No ...................... State whether applicant is owner, lessee, agent, architect, engineer, general contractor- electrician, plumber or builder. ................... ................ ......................................... (as on the tax roll or lat? If applicant is a coworation, signature of duly authorized officer. Location of land on which proposed work will be done. ..................... , . .. House Number ~ Street Hamlet' , .............. County Tax Map No. 1000~ection ..... ~.f. ........ Block Lot.. . Subdivision ..................................... Filed Map No ............... Lot ............... [ (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and oc~upancg .............. . .~. ~ ................................... Intended use and occupancy ........................................................... 3. ature of work (check wl~ich ap ble): New Building .....' ..... Add .......... Alteratio~ ~... ~.~, ...... Repair .............. Removg'i .............. Demolition .............. Other Work...;~.'~q~ .... 4. Estimated Cost .............................. Fee ...................................... ' (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial o~ mixed occupancy, specify nature and extent of each type of use ..................... 7 Dimensions of existingstructures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ....... '...' .............. ~ ............................... Dimensions'of same stmclure with alterations or additions: Front ................. Rear .................. Depth . .~.~ .~ '~t~ ......... Height ...................... Number of Stories ..................... 8. Dimensions c~f entire new construction: Front ...... · ..... Rear ............... Depth ............... Heigtzt ............... Number of Stories .......................... .. ............................. 9. Size of lot: Front ..................... ; Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. ! i. Zone or use district in which premises are situated ..................................................... !2. Does proposed construction violate any zoning law, ordinance or regulation: ................................ ~3. Wil!lotberegraded ',"';."'-'--"~u'~t~ ................ Willex.cessfillberem°vedfr°m.p!em-isp, s~'$o Yes -,No 14. Name of Owner of pr~s t'?.~.'/. .~.~.~.~vY.~t~..~t.~. ] Address/~./..~./¢JX.r.o.~..R..~...~.~.~.g~otn~ f~ f~ ¥ ~_.~ .o.~ zj.l... Name of Architect ..................... Address' Pi~one No [5. Is this property located within 300 feet of a tidal wetland? *Yes ..... No X... ~If yes~ Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly ali buildings, whether existing or proposed, an& indicate all set-back dimensions from ?'opert~ lines. Give street and block number or description according to deed, and show street names and indicate whether nrerior or coruer tot. CTATE OF NEW YORK, ~O UNrI'Y OF ................. S.S (Name of ~ndlwdual mgmng contract) oove named. being duly sworn, deposes and says that he is the applicant is the ......................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and] is duly authorized to perform or have performed the said work and ro make and file this :pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ~ork will be performed in the manner set forth in the application filed therewith. ~woru to befo[e me this ~ ~ ...day of ..... ~ .......... , 19..~',~ ~'o. 4707878 Suffolk C~"'¢v ~'q ~/ g PP - T~ E~p re~ I~ch 3~ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF ~ INSPECTOR TO THE ZONING BOARD~k~[~I~N OF SOUTHOLD, N. Y. APPEAL NO.'- Gerard C~-~ Mary~ 'Jane ~Keegar~ 2345 ~obar~ Road · 1, (We) . ...... ~ ....................... ~ ................................~ ................. ; ................................... Name af~ Appellant Street and_Number South~ld NY ER.~ ................................................................................................ %.,; ................... I'1 C.l~Y APPEAL TO Municipoli. ty ~ State THE ZONfNG BOARD OF APPEALS FROM THE DECISION. DF THE ~UILDJI~IG INSPECTOR ON 162782 July 27, 1987 APPLICATION FOR P~RMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Twin Fork Fence Co.-Pamela Setlars Nome of Applicant for permit of North Road (R~. 48~ ~attit~ck, N~ ( ) ( ) ( ) 11952 Street end Number Municipality Store PERMIT TO USE PERMIT FOR OCCUPANCY 2345 Kobart Road, Sou%hold, NY 1. LOCATION OF THE PROPERTY .................................................................................................... Street /Hamlet / Use District on Zoning M~p District 1000 S~cti0n3~64B10ck04L0t10 ~ . Gerard & Mary Jane Keegan ........ . .......... uurren~ Owner Map No Lot No. Prior Owner Thomas & Jane Burns 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 XZ Section 119,1C Fe~ces', Walls & F~.edges 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 Chap. ~2 Cons..k~ws Art 16 Sec 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (L~ (has not] been made with .respect to this decision of the Building Inspector or _with~ r~espec, t_ t_o this_ p_roperty. Such appeal was ¢/ ) request for a special permit ( ) request for a variance eno was made in Appee No ............................... Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- · i ' i~~ ~ pD · sary HARDSHIP because t would not perm~¢h~ ~struct~on of a decorative and privacy fence on my property. ~a~e~t6~b~fConstrucned is an attractive lattice fence that will separate my proper~y from the garage and driveway of Lot 9 (see photographs attached). The fence would afford both properties privacy. Since the fence is only 46 feet in length, it is not viewed as an obstruction, hut rather a most welcome decorative addition. 2. The hordshipcreatedis UNIQUEand isnot shared oy all properties alike in the immediate vicinity of this property and in this use district because our property actually ha~ two front yards. The fro~t of ~ur ~cgne faces Hobart Road and the rear of the property runs to Founders Path. Our problem is unique because the driveway to Lot 9 runs directly next to our open back yard creating an unsightly condition. 3 The Variance would ooserve the spirit of the O~inance and WOULD NOT CHANGE THE .C--tARACTER OF THE DISTRICT because the fence itself is decorative in nature because of its lattice design. Our neighbors have commented very favorably on the appearance of the fenee. If approved, we plan to plant a flower garden directly in front of the fence wh.tch will further add to its aesthetic beauty. STATE OF NEW YORK ) ) ss / ' COUNTY OF ) Sworn to this % %~ day of ~<~ 197~ • COUNTY OF SUFFOLK mac, .per C3 MICHAEL A. LOGRANDE ° �- CYCi ] SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 DIRECTOR OF PLANNING November 25, 1987 Town of Southold Zoning Board of Appeals 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) ente Snellenburg 3592 � Gerard C. Keegan 3668 George L. Penny, Inc./Jerry Schulman 3682 George L. Penny, Inc. 3683 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.L. NEW YORK 11766 (516)360.5192 oc��FFO(J��O o Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS JERARD P. GOEHRINGER, CHAIRMAN ]HARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS ' IOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : xx Variance from the Zoning Code , Article XI , Section 100-119 . 1 (A) Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3668 Applicant : Mr. and Mrs. Gerard C. Keegan Location of Affected Land : w/s Founders Path and E/s Hobart Rd. , Southold,NY County Tax Map Item No . : 1000- 64-4-10 Within 500 feet of : _ Town or Village Boundary Line XX __ Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Lan 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 . approval of COMMENTS: Applicant is requesting VK0M4XAXDCKXxb0 construction of fence in the easterly frontyard area at a height of six feet. Copies of Town file and related documents enclosed for your review . Dated : November 20, 1987 o . Southold Town Board of Appe als MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 T TELEPHONE (516) 165.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DJ J- DOUG LLASS ROBERT DOU November 18 , 1987 JOSEPH H. SAWICKI Mr . and Mrs . Gerard C . Keegan 151 Brixton Road Garden City , NY 11530 Re : Appl . No . 3668 - Variance Dear Mr. and Mrs . Keegan : Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals , the original of which has this date been filed with the Office of the Town Clerk . Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable . Please do not hesitate to call either our office ( 765- 1809) or that of the Building Inspector (765- 1802 ) if you have any questions . Yours very truly , GERARD P . GOEHRINGER Enclosure CHAIRMAN Copy of Decision to : Building Department By Linda Kowalski Mr . and Mrs . George Marone Suffolk County Planning Commission TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, OCTOBER 8 , 1987 Appl . - No . . 3668 Applicant (s ) : GERARD C. KEEGAN Location of Property : W/s Founders Path and E/s Hobart Road, Southold. County Tax. Map ID No . 1000- 01 Board Members present were : Chairman Goehringer P. Goehringer , Members: Grigonis, Douglass, Doyen and Sawicki. Absent was : (None) Also present were: Victor Lessard (Building Dept) . Linda Kowalski, Z .B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7 : 53 o ' clock p .m . and read the notice of hearing and application for the record . CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey produced by Sealand Surveyors, Inc. , most recent date is July 18 , 1986 in- dicating the approximate placement of the fence approximately five feet to the east northeast of the deck running parallel (a little off parallel) to the property line. It doesn 't say exactly how far. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Mr. Keegan. Are you for or against? Against. You' ll have to wait sir. Go ahead Mr. Keegan. MR. KEEGAN: I only want to make one point. I mentioned in the ap- plication, we have actually (I think it says in the application) two frontyards. That means we don't have a backyard. This is our back- yard. This is where our deck is. This is where our deck faces. As a matter of fact, the fence is three quarters of the way up. Twin Forks built the fence, started to build a fence with a building per- mit. . And then it was determined that the building permit was issued improperly and what we're facing now is the fence is three quarters of the way up. It ' s in our, we consider that to be our backyard. we never knew, we had two frontyards until we were told. This fence gives us privacy, from our deck. we sit out on our deck. And with- out the fence we face our neighbor ' s driveway and garage and we con- sider that not�)to be of the best interest-of `my; family. CHAIRMAN GOEHRINGER: Can I just ask you how far the fence is off from the (believe that ' s probably) north property line of the neigh- bor? MR. KEEGAN: Lot 9? Page 2 - October 8 , 87 Public Hearing - GeWd C. Keegan • Southold Z .B.A. CHAIRMAN GOEHRINGER: Well, let me point to you here if you don' t mind. Give me an approximate figure from here to here. MR. KEEGAN: Well, it's six feet here. CHAIRMAN GOEHRINGER: From the property line? MR. KEEGAN: Yes. And it ' s approximately 3h feet here. CHAIRMAN GOEHRINGER: Would you say it starts about five feet past the deck, six feet past the deck? Did you happen to question the Building Department what their position would be if you were talk- ing about bushes, green bushes, evergreens of some sort? MR. KEEGAN: We 've had a problem with evergreens and can 't get them to live. It seems they die because we 're right in a very windy part of the property and we 're high up. We tried to plant them in the back of the property without success. CHAIRMAN GOEHRINGER: Ok. I thank you sir. Is there anybody else who would like to speak in favor? Ok sir. Kindly state your name for the record. MR. MARRONE: My name is George Marrone and my wife Anita owns the property. Before I start, I 'd like to submit these pictures which I 'd like to comment on. They're numbered in the upper right hand corner. This statement is addressed to the Zoning Board of Appeals, Town of Southold. And we respectfully request that the Zoning Board of Appeals deny the variance to Appeal 3668 for construction of a six foot high fence where a four foot high fence is the maximum height there is. for the following reasons: Number one; the Zoning Ordinance permits the construction of a six foot high fence on lot number 10. The ordinance says; the six foot high fence to be in five feet from the property line not two feet as requested in the appeal. Because a six foot high fence can be readily built in com- pliance with the law, there's no practical difficulty or hardship present. The applicants can still achieve his intended objective and not dealing with unsightly conditions stated in this appeal. However, if I had a choice, I would prefer no fence at all. Land- scaping with shrubs and trees is a much more civilized way of achieving privacy. Number two; we'd like to submit photographs one two and three which were taken on October 5th which clearly shows that the unsightly condition is actually a well manicured grass driveway and a brick home. Number three; we submitted a plot plan dated October 8th showing the six foot high fence would block out the present view from the sitting porch of our house, photographs 4 and 5. Whereas, a six foot high fence does not interfer with the applicant ' s views due to the fact that the fence is adjacent and parallel to our house and it 's distant and perpendicular to theirs. The fence will appear as a barricade to us. It' s not a most welcome decorative addition that the ap- plicants state. The fact that the fence only occupies 46 feet of a boundary 270 feet long between lots 9 and 10 only re-enforces the fact that the so called fence is in fact, a barricade limiting % Page 3 - October 8 , 87 • Public Hearing - Ge 4 d C. Keegan Southold Z.B.A. MR. MARRONE (continued) : our access to the Sound right near where we presently enjoy. And right near is really protected by the height and bulk of the Zon- ing Board. Number four; the fact that the applicant 's property has two frontyards is really not unique. Our property has two frontyards also. It fronts on Founder ' s Path and the rear of the property fronts to Hobart Avenue. Our open backyard is found by the side of the applicant 's house on one side and a garage-house and driveway on the other. That ' s photograph 6. We have no ob- jection to this condition. We do not wish to block out the appli- cant's house which is only 9 feet away from the property line. Our privacy in our backyard is severly restricted by the presence of homes only a few feet from both boundaries. That' s in photo- graphs 6 and 7. '•This is Southold. We accept it as wonderful as it is. An open quite beautifully landscaped town. "Number five; a six foot high fence where there is a five foot setback area, will only encourage others in the neighborhood to erect fences when one neighbor doesn 't like the looks of another neighbor. This will certainly change the character of the neighborhood. The photographs are indicative of the present openness of the neighborhood. Number six; the proposed fence will only be two feet from the lot line. A problem will be created in regards to the maintenance of this two foot strip of land on her side of the fence.__ How will the applicant access the strip for maintenance without tresspassing? The strip will most likely not be maintained. In summary; the Zoning Boardciof �'Appeals should deny the applicant ' s request for a variance of the Zoning Ordinance because the applicant is able to erect a decora- tive and classy fence within the confounds of the ordinance. The applicant will face no practical difficulties or unnecessary hardship if he complies with the ordinance. Finally, granting the variance will have an adverse effect on our property. Thank you. CHAIRMAN GOEHRINGER: Thank you sir. Is there anybody else who would like to speak against the application? Mr. Keegan, would you like to say something in rebuttal? MR. KEEGAN: The only thing I 'd like to say that is I don 't con- sider it to be an ugly fence. we spent a lot of money for it. It ' s an open face fence. It ' s the same on both sides. we didn 't try to create an obstruction to anyone. CHAIRMAN GOEHRINGER: Not to cause a problem or any counter pro- duction here, at it ' s closest point, it is 3� feet from the proper- ty line? MR. KEEGAN: I believe it is, yes. Page 4 - October 8 987 Public Hearing - G*rd C. Keegan Southold Z .B.A. CHAIRMAN GOEHRINGER: Is there anything else you 'd like to say sir? Ok. Hearing no further comments, I 'll make a motion closing the hearing, reserving decision until later. We thank you all for coming in. All in favor - AYE. BY��ILCLICI ! • FORK NO. s TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) W 16278 z Date ......+m ..................... 19Y.1 Permission is hereby granted to: .... �'. �..... ..�� ... �. .i............................................ N . . s'y ................................................................................................................................................................ at premises located at . .a . wl......C.':(r�'.t!'.t^^........CA.........c� vC k....................... ................................................................................ ................................................................................ kk Y. ... .y. ....... . .... - ................................................................... ..... . County Tax Map No. 1000 Section .....Q.(*A...... Block .......!;�..1....... Lot No. .Lq................ pursuant to application dated ...........1. ...w1,++ 1911.., and approved by the Building Inspector. t Fee $.R . ................. .. ....................... .. ... .......................................... Building Inspector Rev. 6/30/80 . - ~w� October 8, 1987 Appeal No. 3668 District 1000 Section 64 Block 4 Lot 10 To the Zoning Board of Appeals, Town of Southold, New York: I respectfully reques| the Zoning Board of Appeals to deny the variance to Appeal No. 36bB for construction of a six foot high fnn�e where a four foot high fence is the maximum height permitted for the following reasons: w�~ l > The Zoning Ordinance permits the construction of a 6 foot high fence on Lot 10. The Ordinance requires the 6 foot high fence to be five feet in from the property line, not two feet as requested in the appeal . Because the six foot high fence can readily be built in compliance with the Zoning Ordinance, there is no practical difficulty or hardship present. The applicant can still achieve his intended objective of not viewing an "unsightly condition" as stated in his appeal . However, if I had a choice, I would prefer no fence at all . Landscaping with shrubs and trees is a more civilized way of achieving privacy. 2> I would like to submit Photograph Numbers 1 , 2 and 3 taken October 5, 1987, which clearly show that the "unsightly condition" is actually a well manicured grass driveway and a lovely brick veneer home. , . ^� 3> I would like to submit a Plot Plan dated 10/8/67 clearly showing that the six foot high fence will block out the present view from the sitting porch of our house (Photograph Numbers q and 5) whereas the six foot high fence does not interfere with the applicantl views due to the fact that the fence is adjacent and parallel to our house and it is distant and perpendicular to their house. The fence will appear as a barricade to us and not "a most welcome decorative addition" as the applicant states. The [act that the fence occupies only forty-six lineal feet of the total 207 feet length of the boundary line between Lots 9 and 10 only reinforces the fact that the so-called fence is in fact a barricade limiting our access to the same "light and air " we presently enjoy. "Light and air" is protected by the bulk and ��. height limitations of the Zoning Ordinance. 4) The fact that the applicant' s property has two front yards is not unique. Our property also has two front yards. It fronts or Founders Path and the rear of the property runs to Hobart Avenue. Our open back yard is flanked by the side of the applicant' s house on one side and a garage/house and driveway on the other side (Photograph Number 6) . We have no objections to this condition . We do not wish to block out the applicant' s house which is only nine to ten feet away from the property line. Our privacy in our backyard is severely restricted by the presence of homes only a few feet from both boundaries ^�^ (Photograph Numbers 6 and 7) . This is Southold and we accept it and love it for what it is - an open, quiet and beautifully landscaped town . ^ ^ ^� 5) The six foot high fence within the five foot setback area will encourage others in the neighborhood to erect fences where one neighbor doesn' t like the looks of another neighbor' This Mil certainly change the character of the neighborhood . The photographs are indicative of the openness of the neighborhood. 6> The proposed fence will only be two feet from the lot line. A problem will be created with regard to the maintenance of the two foot strip of land on my side of the fence. How will the applicant access the strip for maintenance without trespassinq? The strip will most likely not be maintained. In summary, the Zoning Board of Appeals should deny applicant ' s request for a variance from the Zoning Ordinance because the applicant is able to erect a "decorative and privacy fence" within the confines of the Ordinance. Applicant will face no practical difficulties or unnecessary hardship if he complies with the requirements of the Zoning Ordinance. Finally, granting the variance will have an adverse impact on my property. Sincerely, Anita G. Marrone ~� 4 PPEA 36 6e L,Nf� QR�atY f --- FAVEMEIE ►t?� AVL N06PRT': MTV �.dtE plco4f v Nam' NEPGt � ' gp / O V � �Z ISTY F12A1?� Houses � KEWAH tQ =Y✓OoD � N N DEG K i f ENCLOSED 3TY PORCH N Ii�Ew B ICK I � � I HO / / 1 9t I USF PROPdSED t is I MA RON ) 6'I-I IG H f f � 7 i F�UKDERg r�DPc'rTY LINE PffrH L'PAV£M£Mr PE pP � NS PL6T PLAN Plb?RIGT loon s�cncN �4 6.ock LOTS 'J & 10 FovWP"S ESTMF$LM 3V� 1 o%/Q7 •, ��„�, f it a rE _ ♦�t�1 'ill I' , W ell ell _ F 4 s _ juu nn nu -nn gill lilt 1111 1111 � l�i Yid Marrone driveway Marrone Nouye n OQos Photo number 2 rr 47 Photo "nL'imber 7 yrTrr F�C�t.rg. o ,e Photo number 3 N ■ t r wrH PRoi- =1 NE 4 t= ri2oM E-r©t3R1LT r+: `s- S.R,V�1FW r1Q00" Faurvn 2s Photo number S °us A y bpi �• �� !�° . View from Marrone porch o� oSouthold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 8 , 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3668 PROJECT NAME: GERARD C. KEEGAN 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: kg] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of construction of fence in the easterly frontyard area at a height of six feet. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Founders Path and Hobart Road, Southold, NY 1000-64-4-10 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT. Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me 151 Brixton Road Garden City , New York 11530 September 8 , 1987 QQ q Ms . Linda Kowalski Southold Town Board of Appeals Main Road - State Road 25 Southold, L. I. , N.Y. 11971 Dear Ms . Kowalski: Re: Variance Application - 2345 Hobart Road, Southold As requested in your letter of September 3 , 1987 , enclosed are four copies of the survey dated June 18 , 1986 upon which I have drawn the exact location of the proposed fencing, the height (6 . 0) feet and its set back from the property line. Since the fence was almost complete when the work was stopped, the location of the fence is readily apparent to anyone doing a field inspection. I have also indicated on the survey, the location of a deck which was built this past summer. A final sign-off by the building inspectors is awaiting the installation of hand railing on the steps . If you require further information, please do not hesitate to contact me. Very truly yours , Gerard C. Keegan Enclosure f s'3/`3d'40"E S A-4T/�l PossESS/ON 8��4 a �636 0 - o M46 CkUCAGO TITLE IM1UItNM:f W+1�•��� (51b) 12/ kid O MILE I 0 Y .{ �= 0 0 o p ° 1� O O '3o,o 3 L , 94' MAP OF ,o.r LOT J9 FOUNDERS , s,r. FR. NSE. ESMTES ' F/LE WE S.M.F/LEO M"iQ,/"7 ' S/TUA TED AT SOUTHOL D 9/I ✓,r�P+ TOWN OF SOV rHOL O SUFFOLK CO.W..Y. w t�OF NEW YO ` C2 O W• D0Ny nl �c c -y of 'tia ash �'� w �SFO LAND Y�µ A t N.Sl ogo'�uW ROpO N.43°/4'5��; H08ART sea and CERTIFIED r0., surveying a CM/CAGO r/TLE /NJu,*ANCECOYPANI' r/nE "Q odw-02750 engineering p.c. 0 west main street GERARO C.Y ,YAR/ .NNE KEEGAN riverhead new york 1190 (516)369 -1717 July Is,1986 Job N2 86-136 ' 1000-64-04-10 scoiu: I' = 20 o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 3 , 1987 Mr . Gerald C . Keegan 151 Brixton Road Garden City , NY 11530 Re : Variance Application - 2345 Hobart Road , Southold Dear Mr . Keegan : We are in receipt of your variance application con- cerning the construction of a proposed fence along the frontyard areas of your above-referenced property . Please depict on the attached photocopies the exact- location of the proposed fencing , the height , and its setbacks from the property lines . Also , the Board members will be conducting field inspections prior to the public hearing on this matter , and we do request that you flag the area upon which the fence will be located . In the event there are any other structures such as fences , decks, etc _ on the premises„ we will need to have these new structures shown on the survey. We will assume that there are no other structures on your property other than that shown on the July 18 , 1986 survey if we do not hear otherwise _ Thank you for your assistance . Yours very truly, GERARD P . GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski Sprin lers by Forever Green." along a private a t-of-way Legal Notices IOC of Property:South Side and from the neatwetland of N�Road(C.R.48),Peconic, grasses,premises known and re- NY;County Tax Map Parcel No. ferred to as Lot No. 1, Map of 1000-69-4-1.3. Blum and Littell, located along STATE OF NEW YORK NOTICE OF HEARING 8:10 p.m. Appl. No. 3653 — the East Side of Stillwater Av- NOTICE IS HEREBY NORTH ROAD AS- enue, Cutchogue, NY; County SS: GIVEN,pursuant to Section 267 SOCIATES. (Recessed from Tax Map Parcel No. 1000-103-1- COUNTY OF SUFFOLK I of the Town Law and the Code of 9/10/87). 19.6. the Town of Southold,the follow- 8:15 p.m. Appl. No. 3593 and The Board of Appeals will ing hearings will be held by the No. 3659—QUIET MAN INN. hear at said time and place all Christi n a Contento of Greenport, in SOUTHOLD TOWN BOARD (Both hearings recessed from persons or representatives desir. OF APPEALS at a Regular 9/10/87). ing to be heard in each of the said County, being duly sworn, says that he/she is Meeting at the Southold Town 8:25 p.m. Appl. No. 3664 — above matters. Each hearing Principal Clerk of THE SUFFOLK TIMES a Weekly Hall,Main Road,Southold,New ANA G. STILLO. Variance to will not start before the time al- P York, on THURSDAY, OC. rescind prior decision rendered lotted. Written comments may Newspaper, published at Greenport, in the Town TOBER 8,1987 at the following under Appeal No. 3562 on De- be submitted rior to the conclu- times: - cember 11, 1986 for a condi- sion of the subject hearing. For Of Southold, County of Suffolk and State of New 7:35 p.m. Appl. No. 3651 — tional approval under New York more information, please call York, and that the Notice of which the annexed is DEAN KAMEN. (Recessed Town Law, Section 280-a, and 765-1809. from 9/10/87). deleting Condition No.2 of prior Dated:September 28,1987. a printed copy, has been regularly published in 7:40 p.m. Appl. No. 3592 — decision rendered under Appeal BYORDEROF geld Newspaper Once each week for _-�—-- BENTE SNELLENBURG. No. 3619 on April 2, 1987, and THE SOUTHOLD TOWN (Recessed from 8/20/87). as an alternative being subject BOARD OF APPEALS weeks successively, commencing on the 1 7:45 p.m. Appl. No. 3668 — to New York Town Law, Seac- GERARD P.GOEHRINGER, GERARD C. KEEGAN. Vari- tion 280-a over the existing CHAIRMAN day of Octohar __ 19$'�_ ante to the Zoning Ordinance, right-of-way approximately 100 Linda Kowalski, Article XI,Section 100-119.1(C) ff. to the east of the subjeact Board Secretary for approval of construction of right-of--way (approved or to be 1T01-5726 fence in the easterly I ntyard approved and accepted by the area at a height of six feet.Loca- Planning Board for this set-off - tion of Property: West Side of division of land), located along Principal Clerk Founders Path and East Side of the north side of Main Road, Hobart Road, Southold, NY; Orient, NY; County Taz Map % County Tax Map Parcel No. District 1000, Section 14, Block Sworn to b fore me this _ 1000-64-4 10; Founders Estates 2,Lot 26 and Lot 12.2. Y ? 19 Lot 39. 8:35 p.m Appl No. 3670 — de Of -- MARYK DEGNAN 7 50 p m. Appl. No. 3657 — ROBERT H. FREY. Variance �� NOTARY PUBLIC State o CLYDE FRITZ. Variance to to the Zoning Ordinance,Article ���/ ��// y ^'//y p'L-- Suffolk County No 4� the Zoning Ordinance, Article XI,Section 100-119.2 for permis- 1/� r //+ Term Expires febWar - 9,X III, Section 100-31 for approval sion to locate open deck con- of insufficient lot area, width struction with an insufficient and depth of two proposed par. setback from existing bulkhead eels fronting along the westerly at Harbor Lights Estates, Sec- side of Cedar Lane, Southold, tion I, Lot 10, Southold, NY; NY;County Tax Map Parcel No. County Tax Map Parcel No. 1000-78-7-45.1, containing a. 1000-79-04-08. total area of.694 of an acre. 8:45 p.m. Appl. No. 3669 — 7:55 p.m. Appl. No. 3663 — MICHAEL AND ELIZABETH MARIO CASTELLI. Variance LADEMANN.Variances to the to the Zoning Ordinance,Article Zoning Ordinance, Article III, III, Section 100-30 for approval Section 100-31 and Article XI, Of sign as exists of excessive size Section 100-119.2 for permission in this "A-40" Residential and to locate new dwelling witk Agricultural Zoning District sufficient setbacks from and advertising"Landscaping& northerly front proper'. NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of ss: the 7bwn Law and the Code of STATE OF NEW YORK the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Patricia Wood, being duly sworn, says that she is the Regular Meeting at the Southold Town Hall, Main Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Southold,NY onTHURSDAY, a public newspaper printed at Southold, in Suffolk County; OCTOBER 8. 1987 at the and that the notice of which the annexed is a printed copy, following times: 7:35 p.m. Appl. No. 3651- has been published in said Long Island Traveler-Watchman DEAN KAMEN. (Recessed once each week for . . . . . . . . . . . . . . . . . . . . . . l. . . . weeks from 9/10/87). 7:40 p.m. Appl. No. 3592- BENTE SNELLENBURG. successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . Recessed from 8/20/87). 7:45 p.m. Appl. No. 3668- GERARD. C. KEEGAN. day o . . . . � d . . . . . 19 Variance to the Zoning Or- dinance, ,Article XI Section r -'-- _" - ---- -- -- L 100-1197(C)for approval of con i� . . '_ . . . . . . . . . . . . . . . . . . . . . struction of fence in the east ly frontyard area at a height o six feet. Location of Property: West Side of Founders Path and East'Side of Hobart Road, Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of Southold,NY;County 7kx Map Parcel I 1000-64-4-10; �•7 Founders Estates Lot 39. . . . . , .G:�t'.�: , . , . . , , . , 19 . . , . . 7:50 p.m.-Appl. No. 3657-/ CLYDE FWZ.Variancedo tKe Zoning O nance, Article III, Section I00-31 for approval of J insufficient lot area,width,and depth of two proposed parcels . . . . . . . . . . . . . . . . .:z. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . fronting along the westerly side Notary Public of Cedar Lane, Southold, NY; ], .,l,r County 7kx Map Parcel No. v 1000-78.7-45.1, containing a -- York total area of .694 of an acm 7;55 p.m. Appl. No. 3663- O16ty ,4 MARIO CASTELLI. Variance Ci e, 2 31 ig f a' to the Zoning Ordinance, Arti- cle III,,Section 100-30 for ap- proval of sign as exists of ex- cessive size in this "A-40" Residential and Agricultural Zonin&Dititrict and advertising "Landscaping-&Sprinklers by Forever Grwn'' Location of Property: South Side of North Road (C.F. 48). Peconic, NY; County 'lkit Map Parcel No. 1000-694-1.3 ' 8i10�p.rr 'Appl No. 3653- NORTH`ROAD ASSOCIATES. (Recessed,from:9/10/87). , 8:l1%p m;A4rpL No.3593 and No. 3659- I UIET MAN INN. (Both hearings recessed from ' 9/10/87). 8:25 p.m.Appl.No.3664.ANA G.STILLO.Vwiance to rescind priodbci4to8 rendered under Appedt' 6562 on December 11, 1986-for,a conditional ap- proval under New York 7bwn Law,Secdoa280-a,and deleting Condition Npo. 2 of prior deci- sion rendered under Appeal No. 3619 on April 2, 1987,and as an alternative being subject to New York Town Law, Section 280-a over the existing right-of-way approximately 100 ft.to the east of the subject right-of-way(ap- proved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road,Orient,NY;Coun- ty Tax Map District 1000, Sec- tion 14,Block 2,Lot 26 and Lot 12.2. 8:35 p.m. Appl. No. 3670- ROBERT H.FREY.Variance to the Zoning Or inane, Article XI, Section 100-119.2 for per. mission to locate open deck con- struction with an insufficient setback from existing bulkhead at Harbor Lights Estates, Sec- tion 1, Lot 10, Southold, NY, County Tax Map Parcel No. 1000-79-04-08. 8:45 p.m. Appl. No. 3669- MICHAEL. AND ELIZABETH LADEMANN- Variances to the Zoning Or- dinance, Article III, Section 100-31 and Article XI, Section 100-119.2 for permission to locate new dwelling with insuf- ficient setbacks from the nor- therly front property line along a private right-of-way and from the nearest wetland grasses, premises known and referred to as Lot No. 1,Map of Blum and Littell, located along the East Side of Stillwater Avenue,Cut- chogue, NY; County 7hx Map Parcel No. 1000-103-1-19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters.Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing.For more information, please call g Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765- 1809 . Yours very trr 1 pry, �f%�'//>�, II'z AR(3 D P . GOEHRfNGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure Page 3 - Notice of Hearings Notification List ZBA Regular Meeting 10/8/87 Copies to the following 9/29/87 : 03101 Mr. Dean Kamen and Mr . James R. Maher , 340 Commercial St . , Manchester , NH Mr . John H . Thatcher , Jr. President , F . I . Conservancy , Box 553 , FI 06390 Mr. John H. Thatcher , Jr. , Box 132 , Green Village , NJ 07935 Mr . George Campbell , Director , Mashantucket Land Trust , Box 178 , Ston- ington , CT 06378 Mr . Charles B . Ferguson , President , The Henry L . Ferguson Museum , Fishers Island , NY 06390 Justice and Mrs . Joseph J . Snellenburg II , Private Rd , Southold 11971 Philip J . Cardinale , Esq . , Jamesport Center , Jamesport , NY 11947 Mrs . Donald E . Dean , 9 Yorke Road , Mountain Lakes , NJ 07046 Mr . and Mrs . Gerard C . Keegan , 151 Brixton Rd , Garden City , NY 11530 Mr. George Marrone , Cartlandt Manor Road , Katonah , NY 10536 Rudolph H . Bruer , Esq . Edson & Bruer , Main Road , Southold , NY 11971 Patricia C. Moore , Esq . as Attorneys for Mr . Clyde Fritz , North Road Associates , Ana G . Stillo , and Kevin Knobloch (Mario Castelli Matter ) Mr. John J . Munzel , as Attorney for Mr . Mario Castelli 548 Roanoke Avenue , Riverhead , NY 11901 William D. Moore , Esq . , as Attorney for Quiet Man Inn Main Road , Clause Commons , Suite 3 , Mattituck , NY 11952 Mr . and Mrs . Robert H . Frey , 20 Hewitt Road , Rockville Centre , NY 11570 Michael J . Hall , Esq . , as Attorney for Mr . and Mrs . Michael Lademann Youngs Avenue , Southold , NY 11971 Z . B . A. Chairman and Members Southold Town Planning Board and Town Planner Supervisor F. J . Murphy Building Inspectors Posted on Town Clerk Bulletin Board and ZBA Office Wallboard Personal Delivery to the Suffolk times and L . I . Traveler 9/29/87 a .m . �0cLA .r ' Cam" • Town Hall, 53095 Main Road �, of P.O. BOX 1179 u Southold, New York 11971 1UDITH T. TERRY TELEPHONE TOWN CLERK (516) 765-1801 RIGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 3, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3668 application of Gerald C & Mary Jane Kee q an for a variance. Also included in notification to adjacent property own4s; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk 151 Brixton Road Garden City , NY 11530 September 1 , 1987 Southold Town Board of Appeals Main Road - State Road 25 Southold, L. I. , N.Y. 11971 Gentlemen: Re: 2345 Hobart Road, Southold, New York The following documents are submitted in connection with my application for a variance for the erection of a fence on the referenced property: 1 . Notice of disapproval 2 . Application 3 . Copy of notice sent to adjoining landowners - postmarked certified receipts are attached 4 . Environmental Assessment Form 5 . Z.B.A. Questionnaire 6 . Copy of Certificate of Occupancy 7 . Current Survey (4 copies) 8 . Copy of Current Deed 9 . $150 . 00 Filing Fee All forms have been submitted in triplicate. Please contact me if further information is required. Very truly yours , Gerald C. Keega Enclosures • P-529 099 030 -- MS •—rcre,S/a (-li JpeQP,rw,p BOARD OF APPEALS. TOWN OF SOUTHOLD '�3!s 'Hol3R2l' RD Sd cJt 4 ro hD In the Matter or the Petition of n/y 11971 to the Board of Appeals of the Town of Southold TO: Copy for Zoning Board OR YOU ARE HEREBY GIVEN NOTICE: A y /G7 1. That it is the intention of the undersigned to petition the Board to request a (Variance) (Special Exception) (Special Permit) (Other) u ,! p . 2. That the property which is the subject of the Petition is located adjacent to your property and is des ' cribed as follows: Construction of a 46 foot by 6 foot high lattice fence placed 2 feet inside property line. 3. That the property which is the subject of such Petition is located in the following zoning district: 2345 Hobart Road, Southold, NY 11971 - County Tax Map No. 1000 Section P64 Block 04, Lot 10 4. That by such Petition, the undersigned will request the following relief: Completion of construction of fence as described in (2) above. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI $ection 119 .1C Fences, Walls & Hedges [ ] 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) W5-1809. 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: Sept. 1, 1987 Petitioner Owners ' Names : Ge rd C. & MaryJann Keegan Post Office Address 151 Brixton Road Garden City, NY 11530 il4J1u r jL p r;i ftyfo WW2 x,d4 P�7cN «BOIdp_Ai eN khnioJtaMN »iiPsu)e! 'OF rt PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEYPTS NAME ADDRESS Anita Marron Courtlind Mannor ,Rodd Katonah, NY 10536 Teresa Hildebrand 2315 Hobart Road Southold, NY 11971 K, i y. 4{ STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) C'4R C. MA t St residing at �� BQ t �� (1 a%jig'tsNG J #04.1 !j*&r lLr,14f _ being duly sworn, deposes and says that on the #Z_ da of , 19 f I deponent mailed a true copy of the Notice set forth on the re- r 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 addresses of said persons as shown on the curreW assessment roll o the Town of Southol!d; that said Notices were mailed at the United States Post Of- fice at that said Notices were mailed to each of said persons by fE (certified) (registered) mail. T7� Sworn to before me this SK day of , 19 V Notar Public ROSERT MILD" Nopy public.SMM of tMr YtA 4-400111117 0J�'JnK QWJ ► %1 woo 30,1s� A (This side does not have to be completed on form transmitted to adjoining property owners . ) 5 :ice n • SNORT ENVIRONMENTAL ASSESSMEARM TIISTRUCTIONSt (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action, It is not expected that additional studloe, rocearch or other investigations will be undertaken. (b) If any question has been answered Yes the project mny be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1, Will project result in a largo physical change to the project site or physically alter more than 10 acres of land? , , , , . . , , __ Yes No 2, Will there be a :major change to any unique or unusual land form found on the site? . . . a . _ Yon No ), Will project alter or have a large effect on an existing body of water? . , . . . . . . Yen No N 4, Will project have a potentially largo impacb on groundwater quality? . . . . . . . . . . You No i N .t 5, Will project slgnificantly, offect drainago flow n. N r•.• on adjacent sites? . . . . . . . . . Yes No of --- 6, Will project affect any threatonod or endangered U i vi "plant or animal species'? . . . Yca No t z n ?. Will project result in it major advnrao affect on r,, 9 air quality? Ycs No 6, Will project have 's major effect on visual char acter of the community or scenic views or vintac N known to be important to the community? Yes No 9, Will project adversely impact any site or atruct ure of historic, pro-historic, or paloontological importance or any site designated as a critical environmental aroa by it local agency? Yon No 10, Will project have a major offset on existing or r future recreational opportunities? , . a Yas No 11. Will project.result• in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project'u operation? You No 13, Will project have any irapact on public health or u safety? . . . . . . . . . Yes /l No 14, Will project affact the existing, community by directly causing a growth in periaanenc populn- tion of more than 5 percent over a enL,•yoar period or have a major negative effect un the / character Of the community or neighborhood*? . Yca No 15. Is there pub c controvers oncer::zn,; the project? Yes No PREPARER'S SIGNATURE t TITLE: (�ZN LRS REPRES_NTINC: DATE: ' �UESTIONPJAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATI0i1 FUKM1 ) TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes " is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours ? Yes 2 . a ) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes Town Code , Ch . 97 for your reference . ) *b) Are there any areas open to a waterway without bulkhead ? Yes 3. Are there existing structures at or below ground level , Yes ` T such as patios , foundations , etc? 4 . Are there any existing or proposed fences, concrete barriers , decks , etc? Yes 5 . If project is proposed for an accessory building or structure , is total height at more than 18 feet above average ground level ? State total : ft . Yes N 6 . If project is proposed for principal building or structure , is total height at more than 35 feet above average ground level ? State total : ft . Yes Ne 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of deed. Yes No O 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes State Permit q and Nature : 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : Planning - Board Yes Town Board Yes Town Trustees Yes County Health Department Yes Village' of Greenport Yes N . Y . S . D . E . C . Yes Other Yes 10 . Is premises pending a sale or conveyance ? If yes , please submit copy of names or purchasers - and conditions of sale . (from contract ) . Yes No 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12 . If new construction is proposed in an area within 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Town Trustees for an o inspection for possible waiver or permit under Yes N the requirements of Ch . 97 of the Town Code ? 13 . Please list present use or operations conducted upon the subject property at this time S;NS (,t FA�w�C�, and proposed ��T. *Please submit photographs for the record . I certify that the above statements are true and are being s mitted for reliance le Board f peals in C9.4isiderin y applica ion . Signacure Property Owner Authorized A e 3137 l k 1 ' § 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. 6.19841 WETLANDS [Amended 8.26.76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: A. TIDAL WETLANDS: (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 low tide are covered by tidal watery 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 hanks, 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, groundscl, marshmallow and low march cordgrass;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. 13. FRESHWATLIZ WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 2.1.0107. Subdivisions l(a) to l(d) inclusive, ( of the Environntenuil Conservation Law of the State _ of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection I3(1) and lying n in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 _s x. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ...N..�V 5t�+.......... Date .............................44$u$t..... 22... THIS CERTIFIES that the building located at ..EfB.....$068rt..H08Q.................. F�0. ders Estat�a Street Mop o. ...................... ock No. ...Mm........... Lot No. ....3$1............SAAt21Da d�NX.................... conforms substantially to the Application for Building Permit heretofore filed in this office dated •••••.•.••• •••••.••••••••••••••••April.....••is........ 1963... pursuant to which Building Permit No. ..Z2021k. dated ........................... = j t„(,, 19.63.., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ......•• Privata..olle..Family...date1.l.irag.................................. ........................................................ The certificate is issued to ..Thoraaa.ZLLra5........................Q efi (owner, lessee or tenant) of the aforesaid building. H.D.APproval August 15, 1963 by R. Villa t ..........I. ..................... ........ ...... ...................... Building Inspector ����d,ro E�`OIJi✓D,�'RS Ps1Ti'�/ z Mo Pos • B/04 � SESSION ° /636o A Q n U1 0 CII1L'AG0 TITLE IM:;UNNMQ:E P 0 a 0 0 r` O y o {� c.., 2 O O .?- �: MAP OF ,o, LOT 1y f 04INDERS / Srr. fR. MSE. ESrArES FILE No0.14,FILER AW1QI rY7 S/T41A TED AT ' SOUTHOLD "" TOWN OF SOUTNOL D SUFFOLK CO.,N Y. w y1P O W' SON N 60.42 "SFo Apo me'µ ..A N 5�,Za 40"w ROAD /y.43,1/4'5�"W HOBARr sea and cERT/F/ED TO: s u r v e y i n g & C///CAGO T/TLE /NBUNANCECOMPANr T/TLE Nip B600-01750 engineering p.c. FOR; MRARDC. & AURrJANE Xfe6AN Q west main street riverhead new york 1190i (516) 369 -1717 July 18,1986 Job Ns 86-1362 1000-64-04-10 Scow 1 : 20'