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HomeMy WebLinkAbout2479 ACTION OF THE ZO~G BOA~D OF APPEALS Appeal No. 2479 Dated September 22, ACTION OF TtTE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Henry Luce, III Fishers Island, New York 06390 (Eric Haas, Esq.) 1978 Appellant at a meeting of the Zoning Board of Appeals on October 19, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 19 7 8 the appeal 1. SPECIAL EXCEPTION. By ~solution of the Board it was determined th~ a special exception ( ) be gra~ed ( ) ~ denied pursuant to Article .................... Section .................... S~sect~n .................... paragra~ .................... of the Zon~g Ordinance and the decision of the Building Iuspector ( ) be reversed ( ) b~ co~irmedbecause 9:30 P.M. (D.S.T.) Upon application of Henry Luce, III, Fishers Island, New York (Eric Haas, Esq.) for a variance in accor- dance with the Zoning Ordinance, Article III, Section 100-30 C 2 for permission to construct a fence around an underground pool. Location of property: Fishers Island, New York, bounded on the north by Private Road; east by Simmons; south by Block Island Sound; west by Coffee. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, FORM ZB4 SEE REVERSE BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to eliminate a swimming pool fence, Private Road, Fishers Island, New York, in a remote location at the easterly end of the Island. The findings of the Board are that the applicant owns a swimming pool (constructed prior to the fencing regulation) situated between an attractively landscaped home and Block Island Sound. Access is by means of a private driveway off a private road several miles from the center of Fishers Island. Large areas of a tract and nearby areas are covered with dense native under- brush, and the pool is partly protected from casual intrusion by a steep bank to the south toward the beach. We agree that the remote location of the pool and its surroundings reduces the possibility of accidents involving casual intruders. A number of pools in the Town of Southold are located similarly to achieve privacy by means of some or all of the methods noted by the applicant. No one has ever been granted a fencing variance. A fence would not have prevented the only Southold Town fatality. (the man jumped into a partially filled pool. It is the obligation of the Board of Appeals to require all reasonable safety precautions. Accordingly, the Board finds that the hardship is not unique or unusual and that the aesthetic considerations noted by the applicant are outweighed, in our opinion, by the need to implement the safety, health and welfare of the residents of the Town as set forth in the opening paragraphs of the Zoning Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED that Henry Luce, III, Fishers Island, New York be DENIED permission to eliminate a swimming pool fence. Location of property: Fishers Island, New York, bounded on the north by Private Road; east by Simmons; south by Block Island Sound; west by Coffee. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. RECEIVED FILED BY TO ?N Town Clerk, Town o~ Sou[hold (0 (0 Legal Notice of Hearings Cutchogue, New York -3- October 19, 1978 (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient frontage. Location of property: New Suffolk Road, Cutchogue, New York, bounded on the north by James Horton; east by John Wickham; south by other land of Teresko; west by New Suffolk Road. 9:20 P,M. ~D.S.T.) Upon application of Susan Jacobs, 605 Soundview Avenue, Mattituck, New York, for a variance in accord- ance with'the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Soundview Avenue, Mattituck, New York, bounded on the north by Long Island Sound; east by Saltaire Civic Association; south by Soundview Avenue; west by J. McLaugh- lin. 9:30 P.M. (D.S.T.) Upon application of Henry Luce, III, Fishers Island, New York (Eric Haas, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2 for permission to construct a fence around an underground pool. Location of property: Fishers Island, New York, bounded on the north by Private Road; east by Simmons; south by Block Island Sound; west by Coffee. Dated: October 10, 1978 PLEASE PUBLISH ONCE (1) BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS OCTOBER 12, 1978, and FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS PRIOR TO OCTOBER 19, 1978. Copies mailed to the following on October 10, 1978: Betsy Latham Russell Tabor and Sons Henry M. Jaquillard William and Peggy White Raymond and Adah Redfield John S. Sherwood a/c Sarah Rausch Richard F. Lark, Esq. a/c Case, Susan Jacobs Er~c ~aas, Esq. a/c Henry Luce, et al. III LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Now York, public hearings will be held by the Zoning Board of Apl~eals at the Town Hall, Mare Road, Southuid, Now York, on Thursday, Oct~oer 19, 1978, on the following appeals: 7:40 P.M. (D.S.T.) Post- poned decision upon ap- plication of Betsy Latham, Private Road, Orient, New York, for a variance in ac- cordance with the Zoning Ordinance to divide property with insufficient frontage and area. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island Lighting Company. 7:50 P.M. (D.S.T.) Upon application of Russell Tabor and Sons, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 10~-31 and Bulk Area Schedule to divide property with in- sufficient area and front and rear yard setbacks and for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Main Road, Orient, New York, bounded on the north by Main Road and Tabor; east by Tabor and Schriever; south by Tabor and Schriever; west by Village Lane and Tabor. 8:05 P.M. (D.S.T.) Upon .application of Henry M. Jaquillard, 13100 Main Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article VII, Section 109-71 and Bulk Schedule for permission to conntruct an addition to the greenhouse with insufficient side yard area. Location of property: Main Road, Mat- tituck, New York, bounded on the north by Main Road; east by W. L. Grabie; south by John Wickham; west by R. C. Kopf. 8:20 P.M. (D.S.T.) Upon application of James Melrose, 39 Robinson Road, Greenport, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for pormission to construct a house with insufficient front and rear yards. Location of property: Robinson Road, Greenport, New York, bounded on the north by Robinson Road; east by Troyan; south by Sterling Basin; west by R. Melrose. 8:35 P.M. (D.S.T.) Upon application of William and Peggy White, First Street, New Suffolk, New York, for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-61 and Bulk Schedule for permission to divide property with in- sufficient frontage. Location of property: First Street, New Suffolk, New York, bounded on the north by Frances Majeski; east by First Street; south by Main Street and West by J. Kinczell. 8:50 P.M. (D.S.T.) Upon application of Raymond and Adah Redfield, 255 Willow Street, Roslyn Heights, New York, for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for legal notJco permission to divide property with insufficient area and width. Location of property: Paradise Shores Road, Southold, New York, bounded on the north by Private Road; east by Daiker; south by O'Toole; west by Private Road. 9:00 P.M. (D.S.T.) Upon application of Sarah Rausch, 1223 Cornegia Avenue, Far Rockaway, New York, (John S. Sherwood, as Agent), for a special exception to the Zoning Ordinance, Article III, Section 100-30 B 9 (a) for permission to construct a storage building with shower, a bulkhead, ramp and mooring float. Location of property: Gull Pon(' ~ne, Greenport, New ork, bounded on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond La 9:10 P.M. (D.S.T. pon application of Jean Cas=, New Suffolk Lane, Cutchogue, New York; Bruce McLean Case, New Suffolk Lane, Cutcbogue, New York; and Walter Teresko, New Suffolk Lane, Cutchogue, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to divide property with in- sufficient frontage. Location of property: New Suffolk Road, Cutchogue, New York, bounded on the north by James Horton; east by John Wickham; south by other land of Teresko; west by New Suffolk Ro~d. 9:20 P.M. (D.S.T.) ~oon application of Susan Jacobs, 605 Soundview Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct an ac- cessory building in the front yard area. Location of property: Soandview Avenue, Mattituck, New York, bounded on the north by Long Island sound; east by Saltaire Civic Association; south by Soundview Avenue; west by J. McLaughlin. 9:30 P.M. (D.S.T.) Upon application of Henry Luce, III Fishers Island, New Yec (Eric Haas, Esq.) for variance in accordance witl the Zoning Ordinance, Article III, Section 100~30 C 2 permission to construct a fence arrand an underground pool. Location of property: Fishers Island, New Yor] bounded on the north by Private Road; east by Sim- mons; south by Block Island Sound; west by Coffee. Dated: October 10, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT012-3075 COUNTY OF SUFFOLK. STATE OF I~EW YORK, Troy Gustavson says that .ha .... is Printer WEEKLY TIMES, a newspaper county: and that the notice, of copy, has been published in t once in eoch week, for . .on.~ successively commencing on day of Oct°bgr.~. ~ / Sworn to be_Jore me day of . .~.. g~~ NOT~ S~' Greenport, New York, Bounrl- ed on the north by Germansky and others; east by Fordham Canal; south by Rutkowski and others and west by Gull Pond Lane. 9:10 P.M. (D.S.T.) Upon application of Jean Case, New Suffolk Lane, Cutchogue, New York; Bruce McLean Case, New Suffolk Lane, Cutchogue, New York; and Walter Te- resko, New Suffolk Lane, Cutchogue, New York (Richard F. Lark, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to' divide property with insuf- ficient frontage. Location of property: New Suffolk Road, Cutchogue, New York, bound- ed on the north by James Horton; east by John Wick- ham: south by other land of Teresko: wesf by New Suffolk Road. 9:20 P.M. (D.S.T.) Upon application of Susan Jacobs, 605 Soundview Avenue, Matti- tuck, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permission to con- struct an accessory building in the front yard area. Location of property: Soundview Avenue, Mattituck, New York, bounded on the north by Long Island Sound; east by Saltaire Civic Association; south by Sound- view Avenue; west by J. McLaughlin. 9:30 P.M:_~.D.S.T.) Upo~ aEp!!qatiqnpf Henry Luce, III, Fishers _Island, New York (Eric Haas, Esq.) for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 C 2 for permission to construct a fence around an underground pool. Location of property: Fishers Island, New York, bounded on the north by Private Road; east by Sim- mons; south by Block Island Sound; west by Coffee. Dated: October 10, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS IT - 10/12 (654) FOR~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ........................................................ , PLEASE TAKE NOTICE that your application dated .............................................. ~...., 19..7...~... for permit to ~ ........................................at the premises located at .................................... ..... .~(~.~.~.~. ........ ~.~.a.~.~ .............. Street ~' y- -FAx /V~ap .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the follow;ng grounds ...... (..N.......~_U....~j..J? .......................... .s.w...~.~.~.,.!.~.E ...... .~.?.~..s.. ....... O.~.~.....~..c...~..u..~..~.? ....... ~....~.~......~.~.~.?..s..~.~ ............ ~c[..~.....~.T.......~'~.s.z......~ ...... F..~.~Z.....~..-r.....~.~ ....... ~...F..~.s...~. ...... ~.~.~.~ ................. · ..W..~.~...c...~ ....... ..y..~..q .~ ........ ...~...~..a.. ......... !...s...LN..?...T... ~.-. ........ .N...o........F~!~.< .:c.......o...,......~..-f...... ~.~.T.. ........ ....... Building Inspectar /eeo - /- a.-J; O TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR RECEIVED SEP 5 1978 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, Fang) HEN~Y..LUCE..~I3~ ................................ of Br.i.l.l.i.g.,....F..~l~r.:.~...~.~J~a~ ............... Name of Appellant Street and Number $outhold ....~..e..W....~..o..~.k.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... .b]..°,.,t....~..~.~.~.9..a..,b.,]:..eDATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Not applicable Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Variance 1. LOCATION OF THE PROPERTY ..~.~.J-.]~),.c~,...~.~,~,~r...~...;E~.~L~q~L ...... Street Use District on Zoning Mop Mop No. Lot No. 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 III, Section 100-30 C 2 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (.~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) ) REASON FOP* APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL C Continued O 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sory HARDSHIP becq.u~ ±t would: 1. require the expenditure of considerable unnecessary time and expense including the selection of, the hiring of, planning with, and supervising of a contractor; 2. detract from ~he convenience and satisfaction of using the swimming~pool in its remote and natural setting in close proximity to, and with an unobstructed view of, the ocean; 3. detract from the aesthetic nature of the property by erecting an incongruous and unnecessary structure which would diminish the value and pleasure of using the house by spoiling the vista~ 2. The hardship createdis UNIQUEandisnotshared by all properties alike in the immediate vicinity ofthis property andinthis use district because of the location of the property in an extraordinarily remote and isolated natural setting. The purpose of the ordinance, "to prevent unauthorized use of the pool and to preuent accidents," would not be served by its enforcement in this instance and at the same time the benefits from its variance in this instance would be greater. This property is quite remote; no young children or others in need of self-protection ever wander there. Anyone who could reach the pool area could not be ~topped ~o~ using the Fool by a fence of the type prescribed. For such persons, the approach by road involves such distances that they would surely not be walking, but would be driven and, (Paragraph~2 continued on attached page.) 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance would have no effect on the character of the district other than to enhance the natural beauty of the applicant's property,and correspondingly of the entire area, by allowing it to remain in its natural and unspoiled condition. The variance requested would have no deleterious effects nor undermine the safety of anyone nor undercut the purposes the ordinance was meant to serve. Any danger present is already inherent in the entire area because of its remote and rugged nature and the proximity of the ocean. Indeed, what would change the character of the district would be the enforcement of the ordinance. In this particular and unique instance, the purposes underlying the ordinance, safety of those unable to protect themselves and pre- vention of unauthorized use, would not be undermined and would, if anything, be aided by granting the variance requested. STATE OF NEW YORK ) ~ c.-~..~.. ~ ) ss .......... COUNTY OFNEW YORK ) Signature ~ Sworn to this ~9~,~n,~,~- day of ...... ~,~/O..~.~..~...1~.. ................. 19 78 .................. Ounllfisd In New York County Commission Expires March 30, 1979 Continuation of Paragraph 2 therefore,~uldbe accompanied by an adult. The approach from the beach involves a climb of a 40-foot cliff. Any child who accomplishes that is unlikely to be endangered by a pool. In any case, a child on the beach will already have been in greater danger from the ocean. The only small children in the area live in one house a half mile away and have never been seen to stray as far as the beach or pool in question. In any case, they have their own pool, and so have no interest in this one. Indeed, danger, if any, would be more likely because discovery of any unauthorized use that might occur would be hindered by erec- tion of a fence in compliance with this ordinance, which would shield detection from the house. COMMISSION Seth A. Hubbard L~c £. Koppelm~n Suffolk County Department of Planni=g Veterans Memorial Highway Haup.muge, L. I., N. Y. 979-2918 11768 Town of Southold Board of Appeals October 25~ 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications 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 Municipal File Number Betsy Latham Daniel & Laura Shybunko Raymond & Adah Redfield William & Peggy White James Melrose Russell Tabor & Sons Henry Luce III 2466 2469 2475 2476 2477 2478 2479 Sarah Rauch Jean & Bruce Case & Walter Teresko Harry & Arlene Jacquillard Susan Jacobs 2480 2481 2482 2483 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning CHIEF PLANNER xxx 1802 August 8, 1978 Eric Haas, Esq. Roger and Wells 200 Park A~nue New York, New York 10017 Dear Mr. Haas: Relative to your telephone uonversation yesterday with this office, enclosed p~&ase find the necessary papers to apply for a variance for Mr. Lube's pool on Fishers Island. The next meeting of the Board is Thursday, August 17, 1978. If you are able to return the completed papers to us by that date, your application will be placed on the September 7, 1978, agenda. Also enclosed is a copy of the Zoning Ordinance which relates to swimming pools. If we can be of any further help, please do not hesitate to eontact us. Yours truly, Doc ~nclosures BABETTE C. CONROY Secretary TOWN CLERK Building Dept. Ptanning Bd. Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 765-3783 765-266O Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the ..... ~:lard. ~)f. Ap.13eal~. ............ of the town of .... So~.thO].d. ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Henry Luce, III ................ Amendment to the zoning ordinance Fishers Island, NEIW~'York ................ zoning changes Appea3. No. 2479 ................ Special permits .... .~ ........ Variances Location of affected land: ..~'~.~.~...~.~.~,~l~.t,~.~..~...~.Q~.~ ................................................................... within 500 feet of: (check one or more) ....... .~. ..... Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Applicant was denied permission to have a swimming pool and not have a 4 foot, self-closing, self-locking gate enclosing it. Date: .QC.I;.~.~'...X{.Q j....],.~ 1.8 ...... Robert W. Gillispie Chairman Date received by Suffolk County Planning commission .................................................................................... File No ................................. © JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 25, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2479, application of Henry LuceIII for a variance. Also included are notification to adjoining property owners as follows: Sanford G. Simmons, 44 Porchuck Road, Greenwich, Conn. 06830; Onelee M. Coffee, c/o Manufacturers Hanover Trust Co. 600 Fifth Avenue, New York, N.Y. 10017. ' ~ludith T. Terry /~ Town Clerk ~/ JTT/bn cc:file Enc./ C ~'~ECEIVED ~.~V~,~ / /~ . .~ Town ~,~ INTERNATIONAL RCA ~44~3 I T T 4~4493 September 22, 1978 CERTIFIED MAIL RETURN RECEIPT REQUESTED Southold Town Clerk's Office Main Road Southold, New York 11971 Re: Henry Luce III; Application for Zoning Variance Gentlemen: Enclosed please find duplicate copies of an Application for a Variance for a Zoning Ordinance (sec- tion 100-30 C(2)) filed on behalf of Mr. Henry Luce III, along with our check for the filing fee of $15.00. Also included is a copy of the form of notice sent to adjoin- ing property owners, as that information was provided to me by the Southold Tax Assessor's Office, to which I was referred, and the certified mail receipts therefor. I understand that if this application is filed prior to September 28, 1978, it will be heard on October 19, 1978. I would greatly appreciate it if you would notify me directly of the date, time and place a public hearing on this application has been scheduled, in addition to any notice you may send directly to Mr. Luce. Thank you very much. , Very truly yours, Eric Haas Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : HENRY LUCE III : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a ~q~q[~_~r~_ gK~]~r~i~gi~av~l~~,~:~l~.. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Bounded on the North by a private road, on the East by the property of Sanford G. Simmons, on the South by Block Island Sound, and on the West by the property of Onelee M. Coffee. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A Agricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: A variance from the requirement that a residential swimming pool be surrounded by a fence. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: ~ 100-30 C (2) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 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: September 22~ 1978. Henry Luce III Petitioner Post Office Address Brillig Fisher's Island, N. Y. 06390 NAME PROOF OF MAILING OF NO~-ICF ADDRESS Sanford G. Simmons Onelee M. Coffee 44 Porchuck Road Greenwich, Conn. 06830 c/o Manufacturers Hanover Trust Co. 600 Fifth Avenue New York, N.Y. 10017 STATE OF NEW YORK ) COUNTY OF NEW':~R~ SS.: Eric Haas, Esq. , residing at 7 Bryant Crescent 9 ]~F White Plains, N.Y. , being duly sworn, deposes and says that on the ~/.%-~( day of ~e,~ f~'.~ J~ e v- ,19 7 8 ., deponent mailed a true copy of the Notice set forth on the re- verse side~ hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur~nt ass.ess.[ne:nt r, oll~pf, the Town of ,S~o~.thold; that said Notices were mailed at the United States Post Of- `rice at Cr~ ,~ ~.~ ( ~t',~., /t/. ~/..,/U.~. ; that said Notices were mailed to each of said persons by (certified) (lb~l~tt~et~rnail. Sworn to before me this c~<~,~cz/-~ ,~f r~---~z~/~9~<~- ~,19 78 ~ ~blic, S~e of New Yo~ No, 31~657973 ~allfl~ In New York Coun~ Commission ~Mres March ~, ~979 ? ~.~A 5 FOR PARCEL NO SEE SEC. NO. .J _f