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HomeMy WebLinkAbout3668 o ® Southold Board of App MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3668 Application Dated September 3 , 1987 T0: Mr . and Mrs . Gerard C. Keegan' [Appellant (s) ] 151 Brixton Road Garden City , NY 11530 . At a Meeting of the Zoning Board of Appeals held on October 28 , 1987 , 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 [X ] Request for Variance to the Zoning Ordinance Article XI , Section 100-119. 1 (A ) [ ] Request for Application of GERARD C . KEEGAN for a Variance to the Zoning Ordi - nan. e , Article XI , Section 100-119 . 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. u '1 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 hearing 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 X_I , Section 100-119. 1 of the Zoning Code for approval of the construction of a 46-ft . long fence set back approximately 32 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 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS form ZE4 (rev. 12/81) Page 2 - Appl . No . 3668 Matter of GERARD C . KEEGAN Decision Rendered October 28 , 1987 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 ' 100-1,19. 1 permits fences , walls , hedges , or other live plantings within five feet of the property Tines and : A. When located in the frontyard along the front yard property line . . . not (to ) exceed . . . four 'feet in height . . . . 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 h.eight 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 t`. is 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 [ 100- 119 . 1 (B)] . 8. In view of all the above factors , the interests of justice will be served by permitting a fence , as noted below . 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) ; r Page 3 - Appl . No. 3668 Matter of GERARD C . KEEGAN Decision Rendered October 28 , 1987 F ' 2 . That the fence height shall be permitted at 62 feet along the sideyard area as permitted by the Code regulations ( 100-119 . 1B ) . 3 . That the Building Permit application and permit records be amended to reflect compliance with this decision . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted . GERARD P . GOEHRINGER , OAIRMAN r 'l 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 at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , OCTOBER 8 , 1987 at the toi `iowing times : 7 : 35 p .m. Appl . No . 3651 - DEAN KAMEN . (Recessed from 9/10/87 ) . 7 : 40 p .m. Appl . No . 3592 - BENTE SNELLENBURG . (Recessed from 8/20/87 ) 7 : 45 p .m. Appl . No . 3668 - GERARD C. KEEGAN . Variance [area the Zoning Ordinance , Article XI ; Section 100-119 . 1:( C ) for roval of construction of fence in the easterly frontyard at a height of six feet . Location of Property : West.:'SideFounders Path . and East Side of Hobart Road , Southold , NY; nty Tax Map Parcel No . 1000-64-4-10 ; Founders Estates Lot 39 . 7':50 p .m . Appl . No . 3657 - CLYDE FRITZ . Variance to the Zoning Ordinance , Article IIfi -, Section 100-=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 of 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 . siz;e in this "A740 " Residential and Agricultural Zoning District and advertising " Landscaping & Sprinklers by Forever Green: " Location of Property : South Side of North Road (C . R. 48) , Peconic , NY; 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 . Appl . No . 3593 and No. 3659 - QUIET MAN INN . ( Both hearings recessed -from 9/10/87 ) 8 : 25 p .m . Appl . No . 3664 - - ANA G . ST2.LLO . Variance to rescind prior decision rendered under Appeal No . 3562 on December 11 , 1986 for a conditional approval under New York Town Law , Section 280= a , and deleting Condition No . 2 of prior decision 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 • Page 2- Notice of Hearings Southold Town Board of Appeals October 8 , 1987 Regular Meeting right-of-way approximately 100 ft. to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land) , located alnng the north side of Main Road , Orient , NY ; County Tax Map District 1000 , 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 insufficient setback from existing 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 LADEMANN . 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 the northerly front property line along a private a right-of-way and from the nearest wetland grasses .,. premises known and referred to as Lot No . 1 , Map of Blum and Littell ; Tocated along the East Side of Stillwater Avenue , Cutchogue , NY ; County Tax Map Parcel No . 1000-103-1 -19 . 6 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted. Written comments may be submitted 'prior to the conclusion of the subject hearing. For more informa- tion , please call 765-1809 . Dated : September 28 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary ------------------------=-------------------------7-------------x Notice to Newspapers : Please publish once , to wit : October 1 , 1987 , and forward six affidavits of publication on or . before October 6th to : Board of Appeals , Main Road , Southold , NY 11971 . Thank you . ----------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . Ac'gr. r;k . . . . ., 19 3T To Gt .0'r1 . . . . . . . ate. . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . ., for permit to construct at Location of Property s .�. ��. .�d- � . • • CL'�`� �=J House No. i��11 Street Hamlet County Tax Map No. 1000 Section . . .a.�V.T. • . . . Block q. . . . . . Lot . 14. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds 1 Zl.-. .-.(/%I e- I � . .. c. .e.. .i . . 11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . , . . . . . . . . . . . ._. . . . . . . . . . . . . . . . . 6j a.c- . . . . . . . . . . . Building Inspector RV 1/80 1 RD OF HEALTH 4 ETS OF PLANS FORM NO. 1 SURVEY . TOWN OF SOUTHOLD CHECK . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FORM _ _ _ _ _ _ TOWN HALL . . . . SOUTHOLD, N.Y. 11971 NOTIFYy� TEL.: 765-1802 CALL n MAIL TO : Examined . . �.t .� , ;0 , 1987 Approved . . � . ., 19 Permit No.1 j� Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � 3 (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . . . . . . . . . . . . . . . . .. 19 . . INSTRUCTIONS a. This application must be completely filled in b 'y typewriter or in ink and submitted to the Building Inspector, with sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street or areas, and giving a detailed description of layout of property must be drawn on the diagram which'is part of this appl cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm;shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc;shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th, 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 herein 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'applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . 16 /fr . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name ofowner of premises . . . . . . . .�.'w. >ilw ; aL .fP%. . . . . . '(as on the tax roll or late s feed) If applicant is a corporation, signature of duly authorized officer. �� I/ . . . . . . . . . (yd.;Ype:.tip Est1ltU?Fly: liE.�',�.RT't�°6;P '� :'i' (Name and title of corporate officer) :F; f,_ { �,�,,, �. '.•.F, •.K'r�; M'�} ALL CONTRACTOR' S MUST E FFOLK COUNTY LICENSED `..•a-' thb^�if4ti °�l�sF' s;.; (.':�,1>''r''. Builder's License No. Q ..01 pc,A ryO, �; Plumber's License No. r4 Electrician's License No. VI 7. Other Trade's License No. ��FF�� �,_.1�f'.f:ti T�ti�.it.,.Y��)1�. � 7�.'p::4:.•y�:•Y 1. Location oG!.�f,lland on which proposed work /will be done. . . . . . . . . . . . . . . . • . e° :^t�' CAS : . . . . . . . . . . . . . . . . . . . . . . F.•. . . . . . . . . C�.(.0 House Number Street Hamlet County Tax Ma No. 1000 Section P ��,L . . . . . . . . Block Lot . . . . . .r:. . . . . . . . ` Subdivision . . . . . . . . . . . . . . . (Na me me . . . . . . . . . . . . . . . ) . . . . . . . . . . . . . . . Filed Map No Lot ` . . . . . . . . . . . . ,State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and occupancy . . . . . . . . . . . . . . . ,�irL4 ( . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ritended use and occupancy . . . . . .I. . /.d G� ice. . . 3. Nature of work (check which ap ible): New Building . . . . ... . . . . Add i . . . . . . . . . . Alteration .Repair . . . . . . . . . . . . . . Removai . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work j Arisption) 4. Estimated Cost . . . . . . . . .,1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . . . . . 7. Dimensions of existing structures,if any: Front . . . . .. ... . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . ... . . . . . . . . . . . . . . . . : . . . . . . . . . . . Dimensions,of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . .. . . . . . . . . Depth . .- :1 i. &. . . . . . . . . Height . Number of Stories . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . . .. Rear . . . . . . . . . . . . . ... . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . 10. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded pp��,,,�� �. Will excess ill be removed from pre ise�S3o Yes No 14. Name of Owner of pr�fti Address� � R�XTort(f?a (aA/IAE }lon N�o.��¢ Name of Architect ... . . . . . . . . . . . . . . . . . . . . . . . . . Address . Phone No. .- Name of Contractor Trl IN FQRK 1�eN�E. . . . . . . . . Address Adi.&,X Phone No x'%"00'.`ff7ll . . . . ,5. is this property located within 300 feet of a tidal wetland? *Yes . . . . . No . . *If yes, Southold Town Trustees PermitPLO may be required. Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether anterior or corner lot. CS 1 /�© c�s� 7 h O04,/ \ / s Pg AT- VA I L `c-o BE G 1 WJ 6 F To or-'(AlYY rt�©m Si9�ST /(�lslAr �RoPE2T�I iT'ATE OF NEW YORK, S.S OUNTY OF . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) :hove named. leis the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the mock will be performed in the manner set forth in the application filed therewith. iworn to before me this . . . . . . . . . . .. . . . . . . . . . . .day of. . . . . . . . . . . . . ., 19 Votary Public, . . . . e46 - ). . . . . �. U� `. . . . . . . County NNELEFI K DE VOE i; Q�� !� . . . . . . . . . . . . . . . . . . . NOTARY PUBLIC,State of New York (Signature of applicant) No.4707878,Suffolk Cwm'r'�q Term Expires March 30. Hai TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF M INSPECTOR APPEAL NO.` DATE ,Sept,, 1,...1987 TO THE ZONING BOARD*6AM-, WjWN OF SOUTHOLD, N. Y. 1, (We) Gerard.C, &. Mary Jane Keegarkr 2345 Hobart Road. ., ., .. . .... .... .. ... ..... ....... . .. Name of. Appellant Street and Number Southbld .................... ............ ............................................ ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 162782 July 27 , 1987 APPLICATION FOR PERMIT NO. .................................... DATED ..............................................,........ WHEREBY THE BUILDING INSPECTOR DENIED TO Twin Fork .Fence Co.-Pamela Sellars .................................................................................. Name of Applicant for permit of North. Road (Rt. 48). Mattituck, NY 11952 °................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY -1. -LOCATION OF THE PROPERTY °„2345 Hobart Road, Southold, NY Street /Hamlet / Use District on Zoning Map Di strict 1000 Section0.64 Block 04Lot 10 Gerard & Mary Jane Keegan ..........:....... ......:........................... ... .—Current 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 XI Section 119.1C Fences, Walls & Hedges 1 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 Low 'Chap. .62.Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A `previous appeal ( O (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance . andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that Form zB1 (Continue on other side) REASON FOR APPEAL. Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- spry HARDSHIP because it would not permit-:thei c6n`struction of a decorative and pr.ivacy-; fence on my property. �F,�enc'o-K'to`', be.'rconstructed is an attractive lattice fence that will separate my property 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 i.s not viewed as an obstruction, but rather a most welcome decorative addition. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate .vicinity of this property and in this use district because our property actually has two front, yards. The front of our home 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 observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER 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 fend•e. If approved, we plan to plant a flower garden directly in front of the fence which will further add to its aesthetic beauty. STATE OF,.NEW YORK ) ss 'L. ........�. COUNTY OF ) &r Signatu Swornto this .............................................. day of........... ...................................... 19 ) .................... .��. J4: �.................. .. .. . . ....... Notary.Public "BERT MIMETH Noy public,State of New York No.24.4610867 Coe{fed In Kings County �Cpltes March 3o, 19 i - - /d TOWN OF OUTHOLD -PROPERTY OPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOTG FORMER OWNER N E ACR. S W TYPE OF BUILDING ZE5i. 7f0!� SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS d � � ,� �r r � tZ roc? ��J�`i ��..r' � GU % 1 / o o O .3a ? r3 `1r d 16171 n 12 1 55 1-ra �qH �1 QCX7 AGE BUILDING CONDITION G N NORMAL BELOW ABOVE FAIT Acre Value Per Value Acre ;illable 1 ,`illable 2 illable 3 Voodland +wampland FRONTAGE ON WATER i 3rushland FRONTAGE ON ROAD - _ /3 o z1d douse Plot DEPTH BULKHEAD 'otal DOCK COLOR TRIM ' i e Foundation Bath Dinette i. Bldg. �A� t! - / o o 13 s S 3 7j Basement ftf' Floors f av� K. dension �!, F Ext. Walls Interior Finish dig y ;L LR. xtension �^ Fire Placed Heat DR. xtension Type Roof Ct.C�;'."" ! Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B. 'orch Dormer 'orch "Breezeway Driveway - ;arage 13 Patio O. B. Total-. 3 / 3 COUNTY OFlid SUFFOLK S..'ib:) MICHAEL A: LOGRANDE 6 �, ii `? 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) Bente 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.I.. NEW YORK 11788 (51 6)360-51 92 - s Southold Town Board of Appeals. MAIN ROAD.- STATE ROAD 25 1 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 Pursuant 't'o 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 az� �xty construction of fence in the easterly frontward area at a height of six feet. Copies of Town file and related documents enclosed for your review. ' Dated : November 20, 1987 i.. Ln Southold Appeals gMAIN 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, ROBERTJ. DOU L November 18 , 1987 ROBERT J. DOUGLASS 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 ver�r truly, u GERARD P . ''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 App1 . - No 3668 App_licant (s ) : GERARD C. KEEGAN Location of Property : Ills Founders Path and E/s Hobart Road, Southold. County Tax-.Map ID No . 1000- 10 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 GOEHR-INGER: I have a copy of a sketch of a survey produced by Sealand Surveyors, Inc. , mos�..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 hototo >be -.a.f the bes.t�interest--.gf -myi.family. CHAI.RMAN `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? t P ge 2 - October 8 , - 187 Public Hearing .- Ge -d 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 32 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 x4hat 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.;s: r. 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 , 187 Public Hearing - Ge___,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 backyar.d('(.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 phot07' graphs 6 and 7 . -IThis 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 Board(,)lofi'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 311 feet from the proper- ty line? MR. KEEGAN: I believe it is, yes. ti Page 4 '- October 8 , 987 Public Hearing - Gc___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.-Idll for - coming in. All in favor - AYE. BY � C �T J FORM NO. d 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) w216278 z Date ....... ... . .. . .................. .. 19.0 Permission is hereby granted to: . ... ?:`?.1................................................ to . ....... .. ... .. .,,.. ...... ....... ... .............................................. at premises located at... ..... .. ....................... .......... ......................................................... ................................................................................................................................................................. ... !¢... ' . . . ... . . ..... ...... ►.....................................................:............ County Tax Map No. 1000 Sectio A.4...... Block .......®. ....... Lot No. .1..................... pursuant to application dated .............. ... ......... . ... ............, 19,21., and: approved by the Building Inspector. Fee $. �..... ...... .�. .. ......................wilding Inspector ........................................... , Rev. 6/30/80 S r October 8, 1987 Appeal No. 3668 District 1000 Section 64 Bloch; 4 Lot 10 To the Zoning Board of Appeals, Town of Southold, New York: I respectfully request the Zoning Board of Appeals to den; the variance to Appeal No. 668 for construction of a six foot high fence where a four toot high fence is the maximum height permitted for the following reasons: 1 ) 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 "untightly 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) 1 would .like to. submit Photograph Numbers 1 , 2 and = taken i October `,, 198 7, . which clearly show that the "unsightly 7 condition" is actually a well manicured grates driveway and a l ovel.y brick: veneer home. ' - 3) I would like to submit a Plot Plan dated 10/8/87 clearly showing . that the six ' foot high fence will block out the present view from the sitting porch of our house (Photograph Numbers 4 and 5) whereas the six foot high fence does not interfere with the applicant% 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 fact 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 on 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 Zq (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 will 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 trespassing? 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 t- ND��`KT` wLAW G .t to ID . . N DD i iZ f STY FR04Nw Hour£ K EEGA N a1 =�r✓DOD N N Y � � � ENcL05£D �P NSA i I 1' �'L s7Y PoRc H I PRoPGSED Fla MA 24N ) rc'His N I Fen UNDE-RS - _ rH C rNr�. .. `6T PLAN . . _ PIyra1e-T ( 000 S�GTIOtiI (04' LOTS FounlDgRS ESTArE5+�'rs3$� ..' •,;mac `ti:•. . ; . .t.. r. I � i - Aor 7 � - L :w a - r . '�" :cam ,• • -�... R � ' -�•� �~1 �q'v' w�{y.1.�_{ T .. �4 , v e�.` tia{ '.��r i ^a 1' r`I• .. .�.4 •? n f � „$�. �.t4 t 4 _ t `:,1a,t1�. - '$�,. �``, ♦�a'r ..'. '(�-„� ram. `F�E+',��:",+�3! P-*a >�%, ',t _ � '[-r♦ �� �.L.. �'_i..r yam, � ,`. ,a gyp, •,.+Cp. {; � err' � ��� c � �Y :r IL a =% ;� `, �">P' i ti+.,K:�.� i� r yr �.1: �. `94�..t.•y' + � 'K { � �:r,A`� _ .?' 9y h•y �'r.. _�.'"r 'I s -�'r-:�* 4�•' A a��! -l�.-,,i_"`���III , , _..' -r k f., a. Q,. _ _ t i�� � '-y� +i�•p�,,�� �� ♦ ' .�^.. �'�f1S'c4u1�'�.;(.T`_ :�k,_+x+i. � ' �,r,�• t-" ,:.` l'� ...y, 4,1 "' �ls- _ ^32" ".. ;ll 7���� •�-��6A'!��` �: � 4. rt �;' -+ �.�e"r� i :};�`. t ��i r� 'f �a '�L. - ��' �� t •"� �-,.���, �;t :�: _ ems. 1: 'it �N• IF O •r + 1� T, t+�' +,gyp: :� � :•: ,t . J. 111 loll loll loll . 11 loll loll loll ; I'1 tl...l,.•c-,I..1F cjr.i � eV-4 iav J . e• 11ar••r'c)ne driveway r ♦ �. i rJ1�M E-}Of3A-►zT.4�/E1�F1� �. kt,� ,► nl0 F a-S Ff+�f N . i...ov_Kl N G hlLrST ` ` " � r - r � y Ash.'. ►, � t A o kill ;:i c (,.D rr; c r _ , z Southold Town­*.B. oard of Appeals ,, MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October .8, 1987 I 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: . • .G'ERARD' 'C'.- 'KEE'G'AN �- 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: kX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of construction of fence in the easterly fxontyard 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 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 A40 POSSESS/ON 8� 4 V► r F M CI}1CAC0 TITLE IMSUKAiCE 54 (51b) Z21-k;� p TILE " O b c►, \` _ _ O I i Co " rrcNwr 9.+' MAP OF LOT J9 / 571 FR. NSE FO NDE J � ESM rFS 0 FILE MQ B34,F/LE0 AWAY/O,/yZ,7 S/TUA TED AT SOUTHOLD . TOWN OF SOUTHOL D SUFFOLK CO.,&Y. a OF NEW yo W• DpN�`�F' N .rwr �o. �sF© LnNO g� 'p 5Io18'aOW g0AD N- !� Jy.43°l4'50 MW , H �'T sea and O cERT1F/Eo To, surveying & CM/CAGO T/TLE /NSU*ANCE COMPAM1' engineering p.c. T/TLE WV 8608-027-'O FOR GERARD C.M VARY."NE KEEGAN O west main street ri verhead new yo rk 119L (516) 369 -1717 July Is,1986 Job N2 86-138'' 1000-64-04-10 Scope: r � ' FOLA-��G� Ln ® ' �` { Southold Town board of Anneals 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 - 23.45 Hobart Road , Southold Dear Mr. Keegan : We are in receipt of your variance application con- cerning the construc.tion_-_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 fenc_i--ng , the height , and (v its setbacks from the property lines . l Also , the Board members will be conducting field inspections prior to the public h_eari*ng on this matter , and we do request that yo.0 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 .str_uctures 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 Sprinklers by Forever Green." along a private a t-of-way I, Legal Notices Loa of Property:South Side and from the nea---- wetland of N Road(C.R.48),Peconic,, ', grasses,premises known and re- ii 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- ) SS. NOTICE IS HEREBY NORTH ROAD AS- enue,. Cutchogue, NY; County GIVEN,pursuant to Section 267 SOCIATES. (Recessed from Tax Map Parcel No.1000-103-1- { COUNTY OF SUFFOLK ) 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 i 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 pdm. Appl. No. 3664 — above matters. Each hearing .I principal Clerk Of THE SUFFOLK TIMES, a Weekly York,Main Road;Southold,New ANA G. STILLO. Variance to will not start before the time al- 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 r r to the coonclu- I of Southold, County of Suffolk and State of New times: - cember 11, 1986 for a condi- sion of the subject hearin o , y For 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. 1 a printed copy, has been regularly published in 7:40 p.m. Appl. No. 3592 — decision rendered under Appeal BY ORDER OF said Newspaper once each week for _1 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, I de Of O _tc�ht�r 19$ _ GERARD C. KEEGAN. Vari- tion 280-a over the existing - 4QU IRMAN y ance to the Zoning Ordinance, right-of,-way approximately 100 a- ^LEi4da Kowalski, Article XI,Section 100-119.1(C) ft. to the east of the subjeact 3 Board Secretary for approval of construction of right-of-way (approved or to be 1T01-5726 fence in the easterly frontyard approved and accepted by the area at a height of six feet.Loca- Planning Board for this set-off /f tion of Property: West Side of division of land), located along _ 4 Principal Clerk Founders Path and East Side of the north side of Main Road, Hobart Road, Southold, NY; Orient, NY; County Tax 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. Lot 39. 8:35 p.m. Appl. No. 3670 — ;� day of , — 19 92 MARY K.DEGNAN 7:50 p.m. Appl. No. 3657 — ROBERT H. FREY. Variance NOTARY PUBLIC,State of New York CLYDE FRITZ. .Variance to to the Zoning Ordinance,Article ( (! Suffolk County No.484986 the Zoning Ordinance, Article XI,Section 100-119.2 for permis" C�* Term Expires Februar��9 01> '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 cels fronting along the westerly at Harbor Lights Estates, Sec- side of Cedar Lane, Southold, tion I, Lot. 10, Southold, NY; NBC;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 with%J Agricultural 'Zoning _District sufficient setbacks from and advertising"Landscaping& northerly' front proper' r' .4 NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN,pursuant to Section 267 of ss: the Town Law and the Code of STATE OF NEW YORK the Town' of Southold, the I 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 MainSouthold Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Town Hall, Main Road, ' � 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 . . . . . . . . . . . . . . . . . . . . . . /� . . . weeks from 9/10/87). f y� 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 . . : . . . . . . . . . . . . . . .. 19 Variance to the .Zoning Or-. dinance, Article XI; Section I 4 100-119:1(C)for approval of con- s struction of fence in the easte ly frontyard area at a height o six feet. Location of Property: West Side of Founders Path and ...East Side of Hobart Road S. . . . . . . . day of . ,. � Sworn to before me this . . . . . . . . . . . . . Southold,NY County Tax Map Parcel No. 1000-64-4-10; Founders Estates Lot 39. ' Q. . , .`�' . . . , . . . . 19 . . . . . 7:50 p.m. Appl. No.'3657- CLYDE FRITZ.Variance.to e Zoning Ordinance,.Article 111, Section. 10 for approval of insufficientt lot lot area,,width,and depth of two proposed parcels. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • fronting along the westerly side Notary Public of Cedar Lane, Southold, NY BARBARA EORBES I County Tax Map Parcel No. Notary Public, State of New York I 1000-78-7-45.1, containing a No. 4806846 I total area of .694 of an acre. Qualified in Suffolk County 7:55 p.m. Appl. No. 3663- Commission Expires " -7 3/ 19 J`J' MARIO CASTELLI. Variance 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" 1 Residential and Agricultural Zoning District and advertising "Landscaping'& Sprinklers by Forever Green" Location of 4 Property: South Side of North Road (C.R. 48), Peconic, NY; 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.Appl.No.3593 and No. 3659- QUIET MAN INN. (Both hearings recessed from i 9/10/87). 8:25 p.m.Appl.No.3664-ANA G.STILLO.Variance to rescind prior decision rendered under Appeal No. 3562 on December 11, 1986 for a conditional ap- proval under New York Town Law,Section 280-a,and deleting Condition No. 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 it.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- fy 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 Ordinance, Article X1, section 100-119.2'for per=` mission to locate open deck con= struction with an insufficient setback from existing bulkhead , at Harbor Lights Estates, See-- tion I, 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 111, 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- ehogue, NY County Tax Map Parcel No. 1000-103-1-10.6. 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 Page 3 - Notice of Hearings N6tifi6ation 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 . s f Town Hall, 53095 Main Road P.O. Box 1179 ®( �� Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR 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 8 Mary Jane Kee an for a variance. Also included in notification to adjacent. property own�rs; 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. ez 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 h BOARD OF APPEALS, TOWN OF SOUTHOLD - In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Copy for Zoning Board PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 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 Section 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) 7s?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: Sept. 1, 1987 Petitioner Owners ' Names : Ge rd C,, &. MaryJanQ,:Koegan Post Office Address 151 Brixton Road Garden City. NY 11530 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ,d Anita Marron.e Courtlind M.4nnor.,RQ0d T Katona;h, NY 105.3G. Teresa Hildebrand 2315 Hobart Road Southold, NY _11.9.31 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) G'Q* C. 4WtM* S� residing at P6)f r4'M,it1Ya�C1 .� 140&r 11r1cf. being duly sworn, deposes and says that on the 12%, da of t , 19 t ) deponent mailed a true copy of the Notice set forth on the re- verse side ereof, 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 current assessment roll otthe Town of Southold; that said Notices were mailed at the United States Post Of- fice at $ %i.N/N4 33- ST- 414w �. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. i62, — Sworn to before me this 1 S'( day of "- 3 , 19`b I Notar Public ROBERT HILDRETH No,,Publlo,State of New y4* No.24-461007 QualNied in KIMP CO'* $�1 Commission Explros MOO jo'19-- (This side does not have' to be completed on form transmitted to adjoining property owners.. ) SHORT ENVIRONMENTAL ASSESSME11'_ _JW4 i VISTRUCTION St (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 actions It is not expected that additional studiee, recearch - or other investigations wi.11 be undertaken. (b) If any question has been answered Yes the project mny be significant and a - completed Environmental Assessment Form is necessary. =-- (c) It all questions have been answered No it is likely that this project in not significant. . (d) tnvironmentnl Asnnnsment .Is . Will project result in a largo physical change to the project site or physically alter more than 10 acres of land? . (• . Yes 110 2• Will there be a major change to any unique or unusual land form found on the site? • • Yes. No 3• Will project alter or hove a largo offset on an existing. body of water? Yes No l.. Will project have a potentially largo impact on En groundwater quality? Yes No g. Will project significantly, effect drainage flow (L N N. on adjacent sites? • Yos No L _, ! 6• Will project affect any threatened or endangered U J �', "plant or animal species'? . . . Ye:( tlo 2s x ! 7• Will project result in a major advarsto effect on 9 air qual. ty? Yea No e): g• Will project have 'a major effect on visual char- a acter of the community or scenic views or vistas N known to be important to the .co=unity? Yes No 9• Will project adversely impact any site or struct- ure of historic, pro-historic, or paleontological importance or any site designated as a critical environmental area by a local agoncy? Yos No 10• Will project have a -major -offoct on existing or future recreational opportunities? . Yes No Ile Will project.result' in major traffic problems or cause a major effect to Qxisting transportation .+ Systems? • • • • • • • • •. • • • Yes No = 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project': operation? : Yes No 13• Will project have any impact on public health or u safety'' • . . . . . . . Yee, 110 11.• Will project affect the existing community by directly causing a Growth Jn permanent ,popula- tion of more than 5 percent over a cna-your period or have a major negative effect on Lhe character of the community or neighborhood? Yes x 110. 15• Is there 4pubc controvor,, concerning the project? Yes No PREPARER'S SIGNATURE: TITLE: REPRESENTINC: DATE: i 'QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORI.IS 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 gN Town Code , Ch . 97 for your reference . ) *b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there ex.isting: structures at or below ground level , such as patios , foundations , etc? Yes Nb 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 fit 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 No - 7 . Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of deed . Yes No 8. Are there 'any building permits pending on this parcel (or abutting land under your ownership , - if any ) ? Yes State Permit # 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 N Tot-in 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 Nv 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 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 thi s time S;NS rmo--�l and proposed S /q�wr�• , *Please submit photographs for the record . I 'certify that the above statements are true and. are being su mitted for reliance by the Board f peals in c siderin y. applica ion . Signature Property Owner Authorized A e 3/37 1 k § 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. 6.10841 - 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 title are covered by tidal water4* to a maximum depth of five (5) feet, includinK' 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 anti tidal marsh subject to such tides and upon which grows or may grow some or any of tyre following: salt hay, black ( grass, saltworts, sea lavender, tall eordkrass; high bush, cattails, groundsel, 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. B. FRESHWATEIZ �VETLANI)S: (1) "Freshwater wetlands" as defined in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d).inclusive, ( of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection 13(1)and lying with- in seventy-five (75) feet landward of the most larrd- ward edge of a"freshwater.wetland." 970577 •es-e:� ' ,,. J a� TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. ...�i..a.�� �,.......... Date .............................4ugu$t..... 22 THIS CERTIFIES that the building located at .. E/19... .Hobart..Road. orders Estat Street Mop o ...................... �oBck No. ...3CXX........... Lot No. .. .,3�............BAuthAa.d�. ........... .. .... conforms substantially to the Application for Building Per heretofore filed in this office dated ..................................April....—16...... •, 19 6;3... pursuant to which Building Permit No. ..Z2021*. dated ........................... r..6-1 t 9.63 a .., was issued and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ...... ..dva lling. ......................................................................................... The certificate is issued to ..` hamEts.•X1WaS••••.••• ................................. (owner, lessee or tenant of the aforesaid building. H.D.Approval Auguat 259 1963 . .by R. Villa .............................. ....................... Building Inspector �A POSSESS/ON 81O4 ° 60 O CIIICACO TITI.E IMSURANCE ;AJ0r •= C� (5,16) R/-463� p N �0 TOLE � �_) � Lx — 0 . c,•i z O 00 CONC. j PLC r 9.4 MAP OF LOT JY F0411VOERS , STY. FR. /rsE ES M TES � FILE Np SJ4,FILEO AWiQ,/y17 is-a' S/TUA TED AT 4-4 SOU THOL D 9.1� vsr�rt TOWN OF SDUTHOL O SUFFOLK CO.,,V.Y. OF NEW 1~0 5� 0 W. 00N * Q y AP&K 60•42• LAND �' � � a2�'aQ"W ROAD . . N.43I'/4,59 5B' ARr Sea and CERTIFIED TO: Surveying & CM/CAGO T/TLE /NSU/IANCE COMPANY TITLE N9 #60d-ole,so z engineering p.c. FOR: 6CRARD C.A MARY rtANE A(EE6AN 0 west main street ri verhead new yo rk 1190", (516) 369 -1717 July 18,1986 Job Ns 86-1382 1000-64-04-10 Scope: I" = 20'