AFFIDAVIT OF AVERAGE SETBACK - Oyster Bay 2026

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  1. Click ‘Get Form’ to open the AFFIDAVIT OF AVERAGE SETBACK in the editor.
  2. Begin by entering your name in the designated field at the top of the form. This identifies you as the deponent.
  3. Fill in your title (Owner/Applicant) and provide the address, section, block, and lot numbers of the property in question.
  4. For interior plots, specify the average front setback on the appropriate side (N.S.E.W.) and between which two points this measurement is taken.
  5. If applicable, complete the corner plot section by detailing both principal street and side front street setbacks.
  6. Ensure that you calculate the average setback correctly based on adjacent buildings within a 200-foot distance, as outlined in the form.
  7. Sign and date your affidavit at the bottom. Make sure to have it notarized by a certified notary public.

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Fences and walls, including retaining walls, are permitted within required yards, provided that, except in R1-5A, R1-2A and R1-1A Districts, such fences or walls, or combination thereof, do not extend more than four feet above grade in any yard abutting a street, and six feet above grade in any other required yard, and
Building a fence without a permit Violations and penalties Usually the fine is $100 per day, for each day the fence exists without a permit. Also, if a fence is installed and does not comply with the codes of your city, the local government will require you to remove it.
No building, structure or premises shall be erected, altered or used in any residence district for the housing, feeding or harboring of pigeons, fowl, swine, goats, horses, rabbits, foxes, mink and bees, except when authorized by special use permit from the Board of Appeals.

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All forms and applications are available in person at the Town Clerks Office. To obtain the appropriate applications, you may also contact the Town Clerks Office at (516) 624-6320.
Fences in front yards cannot exceed 4 feet in height and a maximum opaqueness of 60%. Fences located in any side or rear yard, including corner side yards, cannot exceed 6 feet in height, except in the I-1 and I-2 Districts, where they cannot exceed 8 feet in height.
Maintaining Distance from the Property Line This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbors land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.

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