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Home My WebLink About2356 TOWN OF SOUTHOLD, NEW YO//K ACTION OF THE ZONI~qG BOARD OF APPEALS Appeal No. 2356 Dated October 14, 1977 ACTION OF TITE ZONING BOARD OF APPE/~LS OF THE TOV~N OF SOUTHOLD To James H. Ackerman c/o Clay A. Terry, Esq. Mountain Lake Lake Wales, Florida DATE.~gY.t.....~.~ 1977 Appellant Bradley, Johnson, Nelson, Young & Horton P.O. Box 1260, Lake Wales, Fla. 33853 at a meeting of the Zoning Board of Appeals on November 3, was considered and the action indicated below was taken on your ( ) Request for variance due to lark of access to property ( ) Request for a special exceptlon under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECI~J~ EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:40 P.M. (E.S.T.) upon application of James N. Ackerman, Mountain Lake, Lake Wales, Florida for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30/31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north by E/W Road; east by M. Wray; south by M. Reid; west by Private Road; Block 8, Lot 12, Fishers Island Estates. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail 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 (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to eliminate swimming pool fence, Private Road, Fishers Island, New York. The findings of the Board are that the applicant is the owner of an acre of land in the southeast portion of the Island. The pool is located in the side yard area of the lot approximately 75' from the house. Three sides of the pool are heavily shrubbed. However, the Ordinance was written to protect the health, safety, and welfare of all the residents of the Town, and it is the obligation of the Board to require all rea- sonable safety precautions. The Ordinance was designed to protect residents and domestic animals from "attractive nuisances" and the fencing requirement for pools has never ~een varied. The Board feels that aesthetic considerations are outweighed by the safety factor involved. 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 i~ediate vicinity of this property and in the same use district; and the variance will change the character of the neighbor- hood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, James H. Ackerman, Mountain Lake, Lake Wales, Florida, be DENIED relief from the Code requirements relative to fencing in-ground swimming pools, Block 8, Lot 12, Fishers Island Estates, Fishers Island, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED FILED EY ~iiE SOU i.i:2LD ~Oi'7H CLI~iK rk, Town of Southold 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~ New York~ public hearings will be held by the Zoning Board of Appeals at the Town Halls Main Road, Southo!dr New York on Thursday~ November 3~ 1977, on the following appeals: 8:50 PoM. (EoS~Tt) upon application of Robert Sorenson c/o A. John Gada Gen~l Contractor~ Inc.~ Draw B~ Fishers Island~ New York for a variance in accordance with the Zoning Ordi~ance~ Article III~ Section 100-32 for permission to construct accessory building in front yard area~ Location of property: east side Equestrian Avenue~ Fishers Island~ north by Braun; east by HaF Harbor; west by Equestrian Avenue. 9:35 P.M~ (EoS.T.) upon application Mountain Lake, Lake Wales~ Florida (Cla~ New York~ bounded on the south~by T. Pyle & of James H. Acker~an~ A. Terry, Esqo) f~r a variance in accordance with the Zoning Ordinance~ Article III~ Section 100-30/31 C 2 A and 100-35 to obtain relief from t~e Code requirements relative to fencing in-ground swimming p~olso Location of property: Private Road~ Fishers Island Estates, Fishers Island~ New York~ bounded on the north by E/W Road; east by M. Wray; south by M. Reid; ~khx~x~xxR~i~; west b~ Private Road; Block 8~ Lot 12~ Fishers Island Estates. 9:45 PoM. (E.S.To) upon application of Rowland Ao Robbins, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III~ Section 100-30/31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Road, Fishers Island, New York~ bounded on the north by Block Island Sound; east by O. Anderson~ south by Private Road; west by H. Williamson & wf~; Block 25~ Lot 8~ Fishers Island Estates. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Legal Notice -2- Hearings: November 3, 1977 Dated: October 21~ 1977 BY ORDER OF T~E SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE~ OCTOBER 27~ AFFIDAVITS OF PUBLICATION TO THE MAIN ROAD~ SOUTHOLDt NEW YORK° 1977~ AND FORWARD THREE (3) SOUTHOLD TOWN BOARD OF APPEALS~ plication of James W. Dawson, 9 Stone Ledge Read, Upper Saddie River, New Jersey (Richard Cron, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setbacks. Location of property: North side CR27, Greenport, New York, bounded on the north by Long Island Sound; east by R. Tasker; south by CR27; west by County Wide Management. 8:05 P.M. (E.S.T.) upon ap- plication of Joseph A. Shipule, 4910 North Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width. Location of property: west side North Road to Bayview, Southold, New York, bounded on the north by Epp; eas~ by North Read to Bgyview; south by E. Gagen & ors.;~west by Dougherty & ors. 8:15 P.M. (E.S~T.) upon ap- plication of Helen R. Schaefer, 3950 Old North Read, Southold, New York for a variance in ac- co/dance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to set off lot with in- sufficient area. Location of property: Right-of-way, south side Old North Read, Southold, New York, bounded on the north by John Schaefer; east by right- of-way; south by A. Grignonis; west by now or forr~erly Wm. A. Coleman & wf. 8:25 P.M. (E.S.T.) upon ap- plication of George Mahr, 19 Zemek Street, Valley Stream, New York (Wm. H. Price, Jr., Esq.) for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to change lot lines. Location of property: north side Front Street, Greenpert, New York, bounded on the north by School District 10; east by now or formerly Petersen; south by Front Street (Main Road - Route 25); west by W. Price. 8:40 P.M. (E.S.T.) upon ap- plication of Charles G. and Mary A. Tangney, 1695 Little. Neck Road, Cutchogue, New York for a variance in accordance with the Town Law, Section 280A for approval of acceess. Location of property: right-of-way east sid~ Little Neck Read, Cutchogna, New York, bounded on the north by A. C. Mason and right-of-way; east by Norwold Subdivision; south by Dunhubor; west by Dunhuber & Andruski. 8:50 P.M. (E.S.T.) upon ap- plication of Robert Sorenson c-o A. John Gada Gen'l Contractor, Inc., Draw B, Fishers Island, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100. 32 for permission to construct accessory building in front yard area. Location of property: east side Equestrian Avenue, Fishers Island, New York~bounded on the north by Braun; east by Hay Harbor; south by T. Pyle & wf.; e 17A Nor~ parmh Drive, Southold, 'New York for a variance in ac- cordance with the Zonin4g Or- dinance, Article III, Scctinn 100- 30 and Bulk Schedule for per- mission to divi~property with insufficient width~and area. Location of property: north side Sound View Avenue, Southold, New York, bounded on the north by Halbauer; east by Hyatt Read (Pvt. Rd.); south b,Y.Sound ¥iew Avenue; west by'Bi Young. 9:25 P.M. (E.~.T.) upon ap- plication of Do~'othy Yoarges a,c By The Yard~ Love Lane, Ma.t- titunk, New ygrk for a variance in accordance. With the Zoning Ordinance, 'Ai~e VII, Section 100-70 and Bulk Schedule for permission to construct addition with insufficient rear yard, area. Location of properlff~ F~t' s.i~le Love Lane, Mat ~i~'a'qe~ YO~k, bounded on the n~h~,~aapbr- Surer; east by Lois Baf)5~r~ south by Lois Barker; west by Lo, ve Lane. ~ 9:35 P.M. (E.S.T.) upon'ap- plication of James H. Ackerman, Mountain Lake, Lake Wales, Florida (Clay A. Terry, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A & 100-35 for permission to obtain relief from the Code requirements for fen- cing relative to in-ground swimming pools. Location of property: Private Road, Fishers Ishnd Estates, Fishers Island, New York, bounded on the north byE-W Road; east by M. Wray; south by M. Reid; west .by Private Road; Block 8, Lot 12, __Fishers Island Estates. 9:45 P.M. (E.S.T.) upon ap plication of Rowland A. Robbins, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30-31 C 2 A and 100-35 to obtain relief from the Code requirements relative to fencing in-ground swimming pools. Location of property: Private Read, Fishers Island, New York, bounded on the north by Block Island Sound; east by O. An- dersen; sooth by Private Road; west by H. Williamson & wf.; Block 25, Lot 8, Fishers Island Estates. 10:00 P.M. (E.S.T.) upon ap- plication of Robor.t Adipietro, Peconic Lane, Peconic, New York for a variance in~ ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to change lot lines and convert existing building to dwelling. Location of property: south side Leslie Read, Peconic, New York, bounded on the north and west by Leslie's Read; south by Pontino; east by Indian Neck Lane. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: October 21, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2833 1T027 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .S..T~..A..R.T..C.o...D.O...P~... ................. being duly Sworn, says that ....H~... · is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~fft Greenport0 in said county~ and that the notice, o! which the annexed is a printed copy, has been published in ~he said Suffolk Weekhr Times once in ~ach week, tot . . ?.I~..E ..................... weeks successively commencing on the . ~.~EN.~Y.-,q~EVE.I~TI~ ...... day of .. Q.C~.E.R..~ ..... ,.. 19.7.7. Sworn to befoxe me this ...~. ~. .... flay of .. ~.~/).~'~ ..... 19Z~.. l I~J~CY /L DOUGL/~q~ I~IOT~Ry P~JBLIG, Stale o~ New Besiding in £uffoJk County C~s. Nc,. 52-6@8~885 ~ommis, s~o,u E~;ires N:..xrch 30, ~ussin c/o Mr. and Mrs. Les Hoolahan, North Parish Drive, Southold, New York for a variance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to divide property with insuf- ficient w~ area. Loca- tion of property: north side Sound View Avenue, South- old, New York, bounded on the north by Halbauer; east by Hyatt Road (P~. Rd.); south by Sound View Avenue; west by B. Young. 9:25 P.M. (E.S.T.) upon application of Dorothy Yoerges a/c By The Yard, Love Lane, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 and Bulk Schedule for permission to construct addition with insuf- ficient rear yard area. Location of property: east side Love Lane, Mattituck, New YorL bounded on the north by Raynor-Suter; east by Lois Barker; south by Lois Barker; (E.S.T.) upon ames H. Acker- man, Mountain Lake, Lake Wales, Florida (Clay A. Terry, Esq.) for a variance in accord- ance with the Zoning Ordi- nance, Article 111, Section 100- 30/31 C 2 A & 100-35 for permission to obtain relief from the Code requirements for fencing relative to in- .ground swimming pools. Loca- tion of property: Private Road, Fishers Island Estates, Fishers lgland, New York, bounded o~ the north by E/W Road; eas by M. Wray; south by M Reid; west by Private Road Block 8, Lot 12. Fishers lslan, -Estates. ~anpuoD l~!o!pnf uo uo!ss!m -moD oq~ jo suo~mu~m~o~ap ]O ~o~/oa aO3 ~l~q op]noad oq~ '~.1 qlt~ luolg~oaul lou so~npooo~d pu~ ~m uo~ss~mmoD ~q pop!~o~d sg oq ol s~ ~onp moD l~?~pnf jo uo~ss~mmoD oql ~o oanp~ooJd pug uo~lgz~ -uggao oq& 'sogpn[ ~o soallsn[ ~q p*lu~odd~ oq ~o ouoN .suo~s~n~ oq~ ao sigoddv jo ~no3 ~q, u~q~ ~q,o s~noo jo so~gsn~ ~o s~gpn~ ~q llgqs o~ pug uo]s -~A~ a~gll~ddv oq~ Jo oapsn~ g ~ ilgqs ouo 'o~pnf aql Xq polu[odd* s~oqmam COUNTY OF SUFFOLK STATE OF NEW YORK Sherley Kotz, being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......... /. ............................ weeks successively, commencing on the .......... .................... Sworn to before me this ...C/..; ............... do¥ ot ........... ,9...z..7 .................. ./.::.?.:Z..:: .................. f: No,~A r y Public No. 52-1195150 Pu BLISH ER'S CERTIFICATE LEGAL Town of Soufhold State o£ Connecticut ) County of New London, ) ss. New London On this 27th day of October A.D. 1977, personally appeared before the undersigned~ a Notary Public, within and for said County and State, A.G. Almeida of THE DAY, a daily evening newspaper published at New ~ondon, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of Legal advertisement # 602 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 27th days of October A.D. 1977. Subscribed a s orn to before me this 27th day of October A.D. 1977. Notary Public. /~ FORi~ NO. 3 ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~-. .................... ~ ............... [. the premises located at disapproved on the follow;ng grounds ................ ~, ................. ~ ~ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APP '.O. P TO THE ZONING BOARD OF APPEALSf TOWN OF SOUTHOLD, .N, Y ..... . i, (~r/~) .,~.~..S....~:.....A.~.~..~..~, ....................... of .......~,.o.~..~.~.~.....~...a:.~,.e. ...................................... Nome of Appellant Street and Number ................. .~...~..~..e....~.a.~..e..s..~ ..................................................... ~..1..o.?..$~..~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON FOR PERMIT NO DATED ......... ....... WHEREBY THE BUILDING NSPECTOR DENIED TO ( ) Nome of Applicant for permi~ of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance: on swimming_ pool fencing 1. LOCATION OF THE PROPERTY Private road "A" hiSt.' ' ' '-' Street Use District on Zoning Map ~',Aop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio- aha Paragraph of the Zoni.~g Ordinance by qumber. Do not quote the Ordinance.) ~r% TTT R~c~ lfl0-q$ an~_ !00-30C (2) (a) 3. TYPE OF APPEAL Appeal is made qerewith for (X) A VARIANCE rD the Zoning Ordinance or Zoning Map ( A VARIANCE: dc~e ro lack of access State ofiNew York Towr Law Chap. 62 Cons. Laws Art. 16 Sec. 280A'~Su~section'3' ~' -- ' ' ~. PREVIOUS APPEAL A mrevious appeal (FZ~j~) (has not) been moae with respect to this decision of the Building mspector or with respect to this property. Such appeal was ( ) request for a special permit t ) request for a variance a:nd was made in Appeal No ................................. Doted ..................................................................... ( ) (x) ( ) REASOF, FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance ~o the Zoning Ordinance is requested forthe reasonthat my home is located nd there are no young children in urrounded by trees and thorn-like house,on the fourth side. As such, dnly access to the pool is through in a sparsel~ settled area the area. The pool is'completely shrubbery on three sides and the the pool is out of view and the the house. (Continue on other side) (SEE ATTACHED EXHIBITS) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce p, ocdcol difficulties or unneces- sary HARDSHIP because it would provide no greater proteotion than already exists. There is muck greater danger of accidents iii t-%e miles and miles of unprotected coastline in the area~ 2. The hardship created is UNIQUE and is no% shared by alt properties alike in Che immediate vicinity of this property and in Chis use district bec,ouse ther~ ,are nc) other poo!s ±n the immediate :vicinity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE T~E CHARACTER OF THE DISTRICT because we live on an island twenty miles from Southo!d (on Long Island); it is a sparsely populated area unlike the Town of Southotd and is only populated in the summer months° JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 To: From: Re: to: October 18, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Applieation of James H. Ackerman for a variance-Appeal No. I have on file in my office notification by certified mail M.D.S. Wray, 21 East 79th Street, New York City N.Y. Mary D.S. Reid(now Mrs. Mary D. Wray 21 East 79th Street New York City, N.Y. 10021 2356 10021 JTT/bn cc:file -- UUTd wtnh {erT rry () ,Mrs. O. IIarry Gruner III Squaw Run Road East, Pittsburgh, Pa. 15288 Law OFFICES ~ BradleY. JOHNSON, NELSON, YOUNg ~hOrtON POST OFFICE SOX 1260 LAKE WALES, FLORIDA 33853 October 14, 1977 Mr. Howard Terry Senior Building Inspector Town of Southold Building Inspector's Office Town Clerk Building Southold, New York Re: James H. ACKERMAN Dear Mr. Terry: On behalf of James H. Ackerman, we enclose herewith an ori- ginal and two copies of an Appeal From Decision of Building Inspector, together with proof of mailing notices and several letters in support of the appeal. Please let me know if there is further information you require and advise of the date of the hearing. Also enclosed is our check in the amount of $15.00 to cover the fee for filing the application. Very truly yours, Clay A. gerry ~/ CAT:dm Enclosures cc: Mr. James H. Ackerman BOARD OF APPEALS, TOWN OF $OUTHOLD : In the Matter of the Petition of : JAMES H. ACKERMAN : : to the Board of Appeals of the Town of Southold : TO: M.D.S. Wray 21 East 79th Street New York City, New York 10021 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 Southold to request a (Variance)~(s~r~y~lryaYe~;~[i~~~~E 2. That the property which is the subject of the Petition is 19cared adjacent to your property and is des- cribedasfoUows: The summer home of James H. Ac~erman 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential -. Agricultural Zone ' 4. That by such Petition, the undersigned will request the following relief: an exception to the literal enforcement of zoning ordinance 100-30 C. (2) (a) requiring a fenced swimming pool 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- $ignedare: Art, III Sec 100-30 C. (2). (a) and 100-35 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the ~outl~old iown Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. ' 7. That before the relief sought may be granted, a public healing must be held on the matter by the Board of Appeals; that a notice of suc. h 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: October 10 ,. 1977 . Petitioner - James H. Ackerman Post Office Address 1976 .NAM E PROOF OF MAILING OF NOTICE ADDRESS Mary D.S. Reid (now Mrs. c/o Mrs. Michael D. Wray 21 East 79th Street N.Y.C., N.Y. 10021 Mary D. Wray) M.D.S. Wray 21 East 79th Street N.Y.C., N.Y. 10021 FLORIDA STATE OF Blf..J~ ) COUNTY POLK SS.: , residing at ~:~; East Park Avenue , being duly sworn, deposes and says that on the 10th day · . , deponent mailed a true copy of the Notice set forth on the re- CLAY A~ TERRY. Esouire Lake Wa]~R. Flnrlda of October ,19 77 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Lake Walest Florida (certified) (registered) mail. Sworn to before me this 10 th day of . October . , 19.77 ! ~ { ~ Nota~' Public ' St~e tof ;F~.6ri~a at Large ;. I / ',, ) ; that said Notic~by EAST HARBOR 2 9 I.OA 2,6A I.SA 8 6.3 A {c) - ' 6 4 2.5A SEE SEC NO I