Community Watchdog: Town disputes awning's legality

A little over a year ago my mom passed away. She left money for us to install an in-ground pool for my son, who is 26 and severely autistic. In March, the pool company applied for a permit. It was approved. However the Town of Islip said a patio awning that's been here since before I bought my home 27 years ago did not have a certificate of occupancy (c/o). The town will not approve my pool unless I remove the awning, which provides shade and a place for my son to exercise, ride his adult three-wheeler and spend time outside like everyone else. I also wanted to replace an old fence with a 6-foot fence for my son's privacy, so kids can't taunt him, but the town says only 4-foot fences are allowed on corner lots with "second front yards." My neighbors, who are also on corner lots, have 6-foot fences. I explained my son's special needs to the Board of Zoning Appeals, and submitted a doctor's letter that says the changes the town wants me to make can have "significant negative impact" on my son, but my requests have been denied.

- Kathy Sclafani, West Bay Shore

Apparently, it doesn't matter to the BZA that Mrs. Sclafani has been paying taxes on the awning ($390 a year), or that she wants to retain it for her son with special needs. Or that no one objected to her requests at the BZA hearing. Or that her neighbors on corner lots have 6-foot fences, even if they're not supposed to.

What does matter is land use compliance, and while the BZA exists in large part to determine whether variances should be granted, the standard rule is that if property owners can comply with zoning laws, they should, according to Deputy Town Attorney Erin A. Sidaras.

The taxes Mrs. Sclafani pays on the awning don't mean it's sanctioned by the town, Sidaras said. Aerial views used by the tax department could account for the charge, even if there's no c/o. The 6-foot fences neighbors have may be illegal, she added, but the town doesn't have the resources to drive around looking for code violations. So unless someone complains about a noncompliance, or, in Mrs. Sclafani's case, goes the good-citizen route and applies for the permits, the town remains unaware of the violation.

The recourse? Mrs. Sclafani can sue the BZA if she believes its finding was "arbitrary and capricious," Sidaras said, but the odds of her winning are against her. Meanwhile, Mrs. Sclafani told us she has asked for a rehearing by the BZA. A decision will be made on her request Tuesday. Stay tuned.

Sign for safer strolls

I've been trying for at least two years to get "Yield to Pedestrian" signs for the crosswalk on Salisbury Park Drive so drivers making turns from Friends Lane can see them. I used to be able to run across the street, but I'm 87 now and slower. Cars go around me instead of stopping when I'm in the crosswalk. I walk everyday to the grocery store and would like to remain independent, but this is compromising my safety.

- Frank Lansner, Westbury

We hope you feel safer with the new signs that have been installed, Mr. Lansner.

Soon after we called, Nassau County spokesman Michael Martino e-mailed us to say a work order had been prepared to install the signs. Sure enough, the signs went up within a few days.

In a classy move, a county worker called Mr. Lansner to apologize for the delay and told him she didn't know why his request had taken so long, he said.

A way to stop speeders

I live on Third Avenue at First Street in East Northport. People speed down Third Avenue every day, while those avoiding Larkfield Road race up First Street and hardly stop, maybe thinking that the traffic on Third Avenue will be stopping. But there is no stop sign. I have contacted the Town of Huntington and Suffolk County Police Department in the past. There are many kids on the street, including my own, and I'm concerned that one day this will end tragically.

- Joe Lyons, East Northport

Mr. Lyons says the speeding problem has gotten progressively worse and cited a fatal crash in late April where two people were killed two blocks away from his home on Third Avenue, at the intersection with Third Street.

After our call, Second Precinct Sgt. John Fives said officers would boost patrols in the neighborhood to deter speeders. He estimated that the grid of streets around Mr. Lyon's home has more than 100 stop signs and police can't be everywhere, but their periodic appearances should have a lasting effect on speeders.

Fives noted that the fatal accident was caused by a tree branch that partially obscured a stop sign on Third Street. The Town of Huntington has since taken care of it, he said.

"It's impossible to keep up on every traffic device," Fives said. He encouraged residents to report missing or blocked signs.

Second precinct residents with concerns about speeding should call 631-854-8200.

- Michael R. Ebert