HomeMy WebLinkAbout2338
TOVVN OF SOUTHOLD, NEW YORK
ACTION OF T~I~ ZONING ~OARJ) OF APPEALS
Appeal No. 2338 Dated September 15,
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Carl J. Schmid
Fishers Island, NY 06390
DATE Oct. 13, 1977
1977
Appellant
at a meeting of the Zoning Board of Appeals on October 13,
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
( ~ Request for a variance to the Zoning Ordinance
( )
1977
the appeal
1. SPECIAL 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 10:45 P.M. (E.D.S.T.) upon application of Carl J.
Schmid, Fishers Island, New York for a variance in accordance
wiht the Zoning Ordinance, Article III, Section 100-30 C 2(a)
and 100-35 for permission to eliminate swimming pool fence.
Location of property: Private Road, Fishers Island, New York;
Block 35, Lot 5, 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
practical difficulties
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
(would not)
SEE REVERSE
determined th
anti.therefore, it was further ~ee
that the previous deeislons of the~ti~ ctor ( ) be confirmed (
SEE REVERSE ~
FORM ZB4 ~:~1~' "~Z~ING
the requested variance ( ) be granted (
) be reversed.
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 owns a swimming pool (con-
structed prior to fencing regulation) situated between an
attractively landscaped home and Block Island Sound to the
south. The pool is located in the rear yard area of the
approximately seven-acre tract. Access is by means of a
dead-end dirt road about three miles from the village. Large
areas of the tract and nearby areas are covered with dense
native underbrush, 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 it's 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 been granted a fencing variance.
A fence would not have prevented the only Southold fatality (he
jumped into a partially filled pool). It is the obligation of
the Board 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 openings 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.
THEREFORE IT WAS RESOLVED, Carl J. Schmid, Fishers Island,
New York, be DENIED permission to eliminate swimming pool fence,
Block 35, Lot 5, Private Road, Fishers Island, New York.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
RECEIVED AND FILED BY
THE SOUTHOLD TOWA'
/
LEGAL NOT~CE
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 Hall, Main Road, Southold, New York, on
Thursday, October 13~ 1977, on the following appeals:
7:35 P.M. (E.DmS.T.) rehearing upon application of Ernest
C. Radford a/c Marion D. Fitzsimmons, 69 Westgate Boulevard~
Plandome, 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 and area.
Location of property: North side Main Road~ Orient, New York,
bounded on the north by Long Island Sound; east by Woodhollow
Properties~ Orient-by-the-Sea Subdivision; south by Main Road;
west by other land of applicant and Rozawsky.
7:45 P.M. (E.D.S.T.) upon application of Mrs. William J.
Fleming, 109 Stewart Avenue, Garden City, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 C 2(a) and Bulk Schedule for permission to con=
struct swimming pool with insufficient side yard and modification
of fence requirements. Location of property: Bayberry Road
Est. (Pvt. Rd.) ~ Nassau Point, Cutchogue,
Nassau Point Re-Sub.
8:00 P.M~ (EoD.SoT) Recessed hearing
New York; Lot 119,
upon application of
Gustav Bartra~
8:15 P.M.
Second Street,
Breakwater Road, ~attituck, New York.
(E.D.SoT.) upon application of Athanas Zamphiroff
New Suffolk~ New York (Abigail Wickham, Esq.) for
a variance in accordance with the Zoning Ordinance, Article XI,
Section 100-118, Article III, Section 100-30, and Bulk Schedule
for permission to construct addition with insufficient setback.
Location of property: South side Second Street at Main Street,
New Suffolk~ New York~ bounded on the north by Julius Kinczel;
east by W. White; south by Main Street; west by Second Street.
Legal Notic~ 2- Hear~_~s: October 13, 1977
8:25 P.M. (E.D.S.T.) upon application of A. Reilly & Sons,
Inc. a/c Vernon Ach, Reydon Shores, Southold, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to construct
addition with insufficient side-yard setback. Location of
property: Reydon Drive, Southold~ New York; Block G, Lot 14,
Map of Reydon Shores.
8:35 P.M. (E.D.S.T.) upon application of William J.
Schonewald, Box 23 A Route 1, Wells Road, Mattituck, New York
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 and Bulk Schedule for permission to divide
property and construct dwelling on lot with insufficient width
and area. Location of property: East side Bray Avenue~ Laurel,
New York, bounded on the north by other land of applicant; east
by now or formerly Relyea; south by now or formerly Do Butterfiel~;
west by Bray Avenue.
8:45 PoM. (E.D.S.T.)
Corso, 360 Adams Street,
upon application of Hon. Joseph R.
Brooklyn, New York for a variance in
accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to construct addition
with insufficient side-yard setback. Location of property:
Lupton Point Road, Mattituck, New York, bounded on the north by
Lupton Point Road; east by J. Valenti; south by Deep Hole Creek;
west by P. Phoel.
8:55 P.M. (E.D.S.T.)
Zultoski c/o Frederick J.
upon application of Stanley J.
Tedeschi, Esq., 403 M~in Road, Green-
port, New York for a variance in accordance with the Zoning
Ordinance, Article III, Section 100-30 and Bulk Schedule for
permission to divide property with insufficient width and area.
Location of property: East side Rocky Point Road~ East Marion,
New York, bounded on the north by S. Fourskaris & ors; east by
C. Dlnas & ors.; south by Co Peters; west by Rocky Point Road.
9:05 P.M. (E.D.S.T.) upon application of Salvatore and
Angelina Caridi, Kouro's Road~ New Suffolk, New York (George C.
Legal Notice-' -3- Hearings: October 13, 1977
Stankevich, Esq.) for a variance in accordance with the Zoning
Ordinance, Article III~ Section 100-30 and Bulk Schedule for
permission to divide property with insufficient width and area.
Location of property: South side Kouro's Road, New Suffolk,
New York, bounded on the north by Kouro's Road; east,'~southt
and west by O. Kouros.
9:15 P.M. (E.D.S.T.) upon application of Paul Hunter, Main
Bayview Road, Southold, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-32 for
permission to construct accessory building in front and side
yard area. Location of property: North side Main Bayview Road,
Southold, New York~ bounded on the north by Highwood Subdivision,~
east by C. Colombo; south by Bayview Road~ west by J. Krepp & wf
9:25 P.M. (E~D.S.T.) upon application of Howard and Mary
Larsen, 4660 Deep Hole Drive~ Mattituck~ New York for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to divide property with
insufficient width and area and construct dwelling. Location of
property: East side Deep Hole Driver Mattituck, New York,
bounded on the north by H. Frenicks; east by A. Suter; south by
Mattituck House Movers, Inc.; west by Deep Hole Drive.
9:35 P.M. (E.D.S.T.) upon application of Jack Driscoll,
1300 North Oakwood Drive, Laurelr New York for a variance in
accordance with the Zoning Ordinance, Article III, Section
100-30 C 2(a) and 100-32 for permission to construct swimming
pool in front yard area. Location of property: North Oakwood
Drive, Laurel~ New York; Lot ~47~ Laurel Park.
9:45 PoM. (E.D.S.To) upon application of Mr. and Mrs.
Walter E. Robinson~ 79 Delaware Avenue, Freeport, New York
(Irving Lo Price, Jr., Esq.) for a variance in accordance with
the Zoning Ordinance, Article Iii, Section 100-30 and Bulk
Schedule for permission to divide property with insufficient
width and area. Location of property: Lake View Terrace (Pvt.
Rd.), East Marion, New York~ bounded on the north by Lake View
Legal Notice -4- Heari~s: October 13, 1977
Terrace; east by now or formerly Huttenmoser; south by Marion
Lake; west by K. Robb & E. Pohl.
9:55 P.M. (EoD.SoTo) upon application of Emma Mae Kroner,
700 Glen Court, Cutchogue, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule for permission to change lot lines° Location of prop-
erty: Glen Court (Pvt. Rd.), Cutchogue~ New York; Lot ~12~
Vista Bluff Subdivision.
10:05 P.M. (E.D.S.T.) upon application of Raymond Kirsch,
1551 Williams Bridge Road, Bronx, New York for a variance in
accordance with the Zoning Ordinances Article III~ Section
100-32 for permission to construct accessory building in front
yard area. Location of property: Private Road off Bayview
Road, Southold, New York, bounded on the north by right-of-way;
east by V. Ladeck; south by Corey Creek; west by K. Isles.
10:15 P.M. (E.D.S.T.) upon application of Doris Helf,
1965 Bray Avenue, Mattituck, New York (William J. Clark, Esq.)
for a variance ia accordance with the Zoning Ordinance, Article
III, Section 100-30 and ~ulk Schedule for permission to set off
lot with insufficient width and area and construct dwelling.
Location of property: East side Bray Avenue~ Laurel, New York,
bounded on the north by G. Tapfar~ east by D. Harkoff; south by
E~ Klett; west by Bay Avenue.
10:25 PoMo (E.D.S.T.) upon application of Angelo Accardo,
Taurus Homes, 54 March Court, Selden, New York for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-30 and Bulk Schedule for permission to divide property with
insufficient width and area. Location of property: West side
Nakomis Road, Southold~ New York, bounded on the north by H.
Walters~ east by Nakomis Road; south by G. Cosenzo; west by
E. Probe, P. Bingman, J. Elak & wf~
10:35 P.M. (E.D.S.To) upon application of Linda D. Bertani,
Colonial Drive, Southold, New York (Gary Olsen, Esq.) for a
Legal Notice~ -5- Hear~gs: October 13, 1977
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to divide
property with insufficient width and area. Location of property:
East side Summit Road, Southold, New York, bounded on the north
by G. Cann; east by J. Bertani; south by Wo Jackens; west by
Summit Road.
10:45 P.M.
Fishers Island,
(EoD.S.T.) upon application of Carl J. Schmid,
New York for a variance in accordance with the
Zoning Ordinance, Article III, Section 100-30 C 2(a) and 100-35
for permission to eliminate swimming pool fence° Location of
property: Private Road~ Fishers
Lot 5~ Fishers Island Estates.
Any person desiring to be heard
appear at the time and place above
Dated: September 30~ 1977
PLEASE PUBLISH ONCE~ OCTOBER 6,
Island, New York; Block 35~
on the above appeals should
specified.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
1977, AND FORWARD NINETEEN (19)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORE.
Copies mailed %o the following on September 30, 1977:
Ernest C. Radford a/c Marion D. Fitzsimmons
Mrs. William J. Fleming
Gustav Bartra
Abigail Wickham a/c Athanas Zamphiroff
A. Reilly & Sons a/c Vernon Ach
William J. $chonewald
Hon. Joseph R. Corso
Frederick Tedeschi a/c Stanley Jo Zultoski
George Stankevich a/c Salvato~e and Angelina Caridi
Paul Hunter
Howard and Mary Larsen
Jack Driscoll
Irving L. Price, Jr. a/c Mro and Mrs. Walter E.
Emma Mae Kroner
Raymond Kirsch
William Clark a/c Doris Helf
Angelo Accardo
Gary Olsen a/c Linda D. Bertani
Carl Jo Schmid
Robinson
LEGAL NOTICE
Not/ceof Hearings
Pursuant to Sect/on 2~7 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southofd, New York, public
hearings will be held by the
Zoning Bcard of Appeals at the
Town Hah, Main Road, Southold,
New York, on Thursday, October
13,1977, on the following appeah:
7:35 P.M. (E.D.S.T.) rehearing
upon appllcalion d Ernest C.
Radford a-c Marion D. Fitz-
simmons, 69 Westgate
Boulevard, Plandome, New
York, for a variance in ac-
cordance with the Zoak~g Or-
dnance, Article IH, Section 100-
30 and Bulk Schedule for per-
mission to set df lot with in-
sufficient width and area.
Location of property: North side
Main Road, Orient, New York, °
bounded on the north by Long
Island Sound; east by
Woodhollaw Properties, Orient-
by-the-Sea Subdivision; south by
Main Road; west by other land of
applicant and Rozawsky.
7:45 P.M. (E.D.S.T.) upon
application of M~. william J~
Fleming, 109 Stewart Avenue,
Garden City, New York for a
varianoc in accordance with the
Zoning Ordinance, Article III,
Section 100-30 C 2(a) and Bulk
Schedule for permission to
ceastruct swimming pool with
insufficient side yard and
modification of fence
requirements. Location of
property: Bayberry Road Est.
(Pvt. Rd.), Nassau Print, Cut-
chogue, New York; Lot 119,
NaSSau Point Re-Sub.
3: 00 P.M. ( E.D .S.T .) Recessed
hearing upon application of
Gustav Bartra, Breakwater
Road, Maltituck, New York.
8:15 P~M. (E.D.S~T.) upon
application, of Athanas Zam-
phiroff, Second Street, New
Suffolk, New York (Abigail
Wickham, Esq.) for a variance in
accordance with the Zoning
Ordinance, Article XI, Section
100-115, AriiclelH, Section 100-30,
and Bulk Schedule tor permission
in cmslruct addition with in-
sufficient selback. Location of
property: South side Second
Street at Ma~ Slreet, New
Sutfolk, New York, bounded on
the north by Julius Kinczel; east
by W. White; south by Main
Street; west by Second Street.
8:25 P.M. (E.D.S.T.) upon
applicalion of A. Reilly & Sons,
Inc. a-c Vernon Ach, Rdydon
~oms, Southoid, New York for a
variance in aocordance with the
Zoning Ordinance, Art/cie IH,
Section 100-30 and Bulk Schedule
for permission in c~struct ad-
dition with insufficient side-yard
sethaek. Locat/on of property:
Reydm Sbems.
8:35 P.M. (E.D.S.T.) upon
application of William J.
Schonewald~, Box 23 A Route 1,
We~s Road, Mattituck, New York
fora variance in accordance with
theZ~ming Ordinance, Article III,
Section 1~-30 and Bulk Schedule
for permission to divide property
and construct dwellingon lot with
insufficient width and area.
Location of property: East side
Bra y Avenue, Laurel, New York,
bounded m the north by other
hndof applicant; east by new or
formeriy Relyea ~ south by now or
formerly D. Buttsrfield; west by
Bray Avenue.
8:45 P.M. (E.D.S.T.) upon
applicat/on of Hon. Jsseph R.
Corso, 360 Adams Street,
Brooklyn, New York for a
variance in accerdance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission in construct ad-
dition with insufficient side-yard
setback Location of property:
Lupton Point Road, Matt/tock,
New York, bounded on the north
by Lupinn Point Road; east by J.
Valenti; south by Deep Hole
.Creek; west by P. PhceL
5:55 P.M. (E.D.S.T) upon
applicat/on of Stanley J. Zulteski
c-o Frederick J. Tedeachi, Esq.,
4~8 Main Road, Greenport, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article IH, Section 100-
30 and Bulk Schedule for per-
mission to divide property with
insufficient width and area.
Location of property: East side
Rocky Point Road, East Marion,
New York, bounded on the north
byS. Fourskaris & ors; oasi by C.
Dinas & ors.; south by C. Peters;
west by Rocky Pant Road.
9:05 P.M. (E.D.S.T.) upon
application of Salvatore and
Angellna Caridi, Koums Road,
New Suffoll, New York (George
C. Stankevich, Esq.) for a
variance in accordance with the
Zoning Ordinance, Article IH~
Section 100-30 and Bulk Schedule
for permission to divide property.
with insufficient width and area.
Location of property: South side
KoaroS Road, New Suffolk, New
York, bounded on the north by
Konros Road; east, south, and
west by O. Konros.
9:15 P.M. (E.D.S.T.) upon
applica~inn of Paul Hunter, Main
Bayvlew Road, Southdd, New
York for. a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
32 for permission to construct.
accessory buliding in front and
side yard area. Location of
property: North side Main
Bayvlew Road, Sonthoid, New
York, bounded on the north by
l~ghwead Subdivision; east by C.
Colombo; south by Bayview
Road; west by J. KroPP & wf.
9:25 P.M. (E.D.S.T.) upon
application of Howard and Mary
Larsen, 4660 Deep Hole Drive,
Mattituck, New York for a
variance in accordance with the
Zoning Ordinance, Article HI,
Section 100-30 and Buli Schedule
for permission in divide property
with insufficient width and area
and construct dwelling. Location
of property: East side Deep Hole
Drive, Mattituck, New York,
beunded on the north by H.
Frenicks; east by A. Sutor; south
by Mattituck House Movers,
Inc; west by Deep Hale Drive.
9:35 P.M. (E.D.S.T.) upon
application of Jack Driscoli, 1300
North Oakwced Drive, Laurel,
New York for a variance in ac-
cordance with the Z~ing Or-
dteance, Article IH, Section 100-
30 C 2(a) and 100-32 for per-
mission to construct swimming
pcei in fi`oat yard area. Location
of preperty: Nocth Oakwond
Drive, Laurel, New York; Lot
No. 47, Laurel Park.
9:45 P.M. (E.D.S.T.) upon
applicalion of Mr. and Mrs.
Waker E. Robinson, 79 Delaware
October 6, 1977
variance.in accordance with the York tC, ary Olsen, Esq.) for a-
Zoning Ordinance, Article IH, k 'v~ i~,,sel:ol~nee with the
Section 100-30 and Bulk Schedule ~ ~nuing O~x~n~,, k~ticle HI,
for permission to divide property ~ec~ 1~-30 i Bull/Schedule
with insufficient width and ama. '~t~¢.bermission to divide, pmpeety
Localioa of property: Lake View ~ ins~/Scient widlh 'and area.
Tenace(Pvt Rd.), East Marion,' "/~ocn~on of' 9~operty: Private
bou.dad on the r.d, S " nd'New Y k;.
by Lake View Terrace; east by Bldg.S--- ~/'Lot ~ ~Flehers ~
now or formerly Huttenmoser; E/~'~... ' ~ v'
soathbyMarlenLake;westbyK.~ Loc'alion of .'Easi,side
p, chb & E. Poh]. '-~lmmit Road, 5oathoM¢ New
9:55 P.M. (E.D.S.T.) upon :'York;boandedonlt~'~/h by G.
application of Emma Mae Cann; oast bY J. Beetani; south
Kroner, 700 Glen Court, Cut- by W,llache.ns; w~e?t
New York for a variance
in accordance with the Zonie
Ordinance, Article BI, Section ~ of_ ~iag J. Sehmid,
100-30 and Bulk Schedule for Fi~iIsla~sv-,~orll.~r a
permission to change let lines, val~i*n/~ in Iiecoi, da~igl~tth the
Location of property: Glen Court Zoning Ordinance, Article HI,
(Pvt. Rd.), Cutchogue, New Section 100-30 C 2(a) and 100-35
York; Lot No. 12, Vista Bluff for permission in eliminate
· Subdivision. swimming pool fence. Location of
10:06 P.M. (E.D.S.T.) upon pwperty: Private Road, Fishers
application of Raymond Kirsch, Island, New York; Block 35, Lot
1551 Williams Bridge Road, 5, Fishers Island Estates.
Bron:~, New York for a variance Any person desiring to be heard
in accordance with the Zonin on the above appeals should
Ordinance, Article III, Section appear at the lime and place
100-32 for permission to cons- above specified.
truct accessory building in front Dated: September 30, 1977
yard ama. Location of property: BYORDEROF
Private Road off Bayview Road. THE SOUTHOLD
Seuthdd, New York, bounded on TOWNBOARD
the north by right-of-way; east by OF APPEALS
V. Ladeck; south by Corey 1T06--2815
Creek; west by K. Isles.
10:15 P.M. (E.D.S.T) upon
appllcat/on of Doris Hell, 1965
Bray Averae, Mattituck, New
York (William J. Clark, Esq.) for
a variance in accordance with the
Zoning Ordinance, Article !II;
Section 100-30 and Bulk Schedule
for permission to set off lot with
insufficient width and area and
cmstruct dwelling. Location of
property: East side Bray
Avenue, Laurel, New York,
beunded on the north by G.
Tapfar; east by D. Harkoff;
south by E. Klett; west by Bay
Avenue
10:25 P.M. (E.D.S.T.) upon
~OPurusliCalion of Angelo Accardo,
Hrmes, 54 March Court,
Seidee, New York for a variance
in accordance with the Zoning
Ordinance, Article III, Section
1~0-30 and. Bulk Schedule for
p,=mission to divide property
with insufficient width and area.
Location of property: West side
Nakomis Road, Southoid, New
York, boandnd on the north by H.
Walters; east by Nakemls Road;
seath by G. Cosenzo; west by E.
Probe, P. Bingman, J. Elak & wf.
10:35 P.M. (E.D.S.T.) upon
application of Linda D. Beriani,
Colonial Drive, Seuth01d, New
Roydou Drive, Sonthuld, New Avenue, Freeport, Nsw York
Xofk~ B}90/ G, .L~o.t.14, Map ~....(~ving L. Prive, JL, Esq.) for a
COUNTY OF SUFFOLK,
~ ss:
STATE OF NEW YORK, j
~TUART C. D~MAN be
stays that . .HE .... is Printer and Publisher
W£EKLY TIMES, ts newspaper publish~l
county~ and t~hut the notice, of which ~e
~py, ~s been published in l'he ~d Sufbll
ONE
~nce in each w~k, tot ..................
suc~ssively commencin~ on ~e ...~l~..
day of 0C~BER .......... ~.77
.......
L~EQAL ~NOTICE
Bcient width and area. Loca-
tion of property: South side
Kouro's Road, ' N~-~uffolk,
New York, bounded on the
north by Kouro's Road; east,
south, and west by O. Kouros.
9:15 P.M. (E.D.S.T.) upon
application of Paul Hunter,
Main Bayview Road, Soutbold,
New York for a variance in
~ accordance wRh the Zoning
I Ordinance, Article III, Section
100-32 for permission to con-
'J struct accessory building in
! front and side yard area.
0 Location of property: North
o side Main Bayview Road,
x Southold, New York, bounded
n on the north by Highwood
o Subdivision; east by C. Colom-
bo; south by Bayview Road;
west by J. Krepp & wf.
9:25 P.M. (E.D.S.T.) upon
application of Howard and
~ Drive, Ma/~ituck, New Yo~r~
-- ~seneartre:-rCr- l ~rff~O~foa¢-T6
divide proper~y with insuf-
ficient width ~Jnd area Loea
ti ' -
on of property: West side
Nakomis Road, Southold, New
York, bounded on the north by
H. Wakers; east by Nakomis
I Road; south by G." Cosenzo;.
west by E. Probe, P. Bingman,
$. Elak & wf.
I0:35 P.M. (E.D.S.T.) upon
application of Linda D. Bet-
rani, Colonial Drive, Southold,
New York (Gary Olsen, Esq.)
for a variance in accordance io
with the Zonihg Ordinance,
Article Ill, Section 100-30 and
Bulk Schedule for permission
to divide property with insuf-
ficient width and area. Loca-
~on of property: East side
Summit Road, Southold, New
' York, bounded on the north by
G. Cann; east by J. Bertani;
south by W. Jackens; west by
Summit Road. ~
~ 10:45 P.M. (E.D.S.T.)~pdts.~
application of Cad J. Sehm d, [
Fishers Island, New York for
variance in accordance withI
thee Zoning Ordinance, Article ~
IIl, Section 100-30 C 2(a) and
100-35 for permission to elim- I
inate swimming pool fence.
Location of property: Private i
Road, Fishers Island, New'l ,
York; Block 35, Lot S, Fishers \ i
Island Estates. ~ P
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: September 30, 1977
BY ORDER OF
THE SOUTHO£D
TOWN BOARD
~PEALS
COUNTY OF SUFFOLK
ss:
STATE OF NEM/ YORK
Sherley KarT, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........... /. ..........................weeks
successively, commencing on the
day of
............ ~ ....................... 19..: ......
Sworn to before me this ......... ,ff.. ............ day ot
....................... 19...L.../
JOSEPH FENTON
PUBLISHER'S CERTIFICATE
State of Connecticut
County of New London,
ss. New London
LEGAL No. ~
r
Town of S°~h°ld
Pursuant to Section ~7 of the Town
Law and the provisions of the
'Amended Building Zone Ordinance~
nt the Town of Southold, Now Y~k, aI
public hearing will be held by the!
Zm~ln9 Board of Appeals at the Town
Hall, Main R~md, Southeld, New
York, on ~y, ~ 13, 1977,
I0:~5 p.m. (E.D.$.T.) upon appli-
cation of Carl J. Schmid, Fishers Is-
land, New York for a variance In ac-
cordance with the Zoning Ordinance,
Article III, Section 100-30 C2 (a) and
100-35 far permission to eliminate
swimming ~ fetich. Location of
property; Private Rond, Fis ~_ s
land, New Y~rk; Block 35, LOf~No.5,
F driers s and Estates.
Any Person desiring toH~fI~I~ ' on
the time and place abeve spec ! ed.
Dated: September 30, 1977.
By C~'der of the Southold
Town Board of Appeals
On this 6th day of October
A.D. 1977, personally appeared before the undersigned,
a Notary l°ublic, within and for said County and State,
A.G. Almeida
of THE DAY, a daily evening
newspaper published at New London, 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 ~ 486
a true copy of which
is hereunto annexed, was published in said newspaper in
its issues of the
6th
days of October A.D. 1977.
///
Subscribd~(and sworn to before me this 6th
day of October A.D. 1977.
Notary Public.
TOWN OF SOUTHOLD
BUILDING D~EPARTM E,NT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
' PLEASE TAKE NOTICE that your application dated
or permit to ~ .... ~m~ g:~ .~ the premises
.~ .................................................................... Street
Building Inspector
TOWN. OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE .......Z..--./'...'.'.~....':. Z
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
............................ of ............... ! ....................................................... i
Name of Appellant Street and Number
Fishers Island, Suffolk ~Ccount~y New York
........................................................................................................................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO, .' ................................... DATED .. .......... .~,//. ~../.~.., ..... ~.. ....... . ......
WHEREBY THE BUILDING INSPECTOR DENIED TO
)
(X)
Name of Applicant for permit
of Fishers Island~ New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Permission for variance to Section 2A of 100-35
LOCATION OF THE PROPERTY
Street Use District on Zoning Map
/V~aD No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
s~vction cna Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
ariance requested for Section 2A of 100-35 (fencing of swimming pools)
3. TYPE OF APPEAL Appea is made herewith for
(X I A VARIANCE to the Zoning Ordin,ance or Zoning Map
A VARIANCE aue ['o lack of access rStote 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 rne ~uilding Inspector or with respect to this property.
Such ~ppeol was ( request for a special germit
f I request for a variance
aha was maae in Appeal No ................................. Dated ......................................................................
(X)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is_requested for the reason that
A. ~he pool is 45' long eurrounded by a large irreg~lar shaped concrete
apron presenting difficulties in fencing to be overcome only by the en-
closure of a sizeable area.
B, ~here is a further obstruction thru the presence of two pine trees
close to the pool area.
C'o The pool being in a nicely landscaped lawn area in front of the house,
Form Z~ (Continue on other side)
REASON FOR APPEAL Continued
fencing would create an eyesore detracting from the property value without
adding to the adequate safety already present in the property as a whole ~d
a~ ~-rf~R~T eA~$~j~q OF THE ORDINANCE would produce pr~cdc~ difficulties or unneces~
sary HARDSHIP because: ~ope~y a~ea ~ fe~oing
~-~ m =~y~is located in ~_ i~o~e~ area or_ the so~/~h sza~ ~z ~'ishers
0~ p~op~-~ ~ ~ ~ ~ small village ~ ~ ~- +~ ~ is ~
Is!~ 2~ ~iles zr~m ~ ~
~uemtiy used dead e~d side road imto the cemter o~ our pmoper~z~ The
~er%y is a 7 acre plot bo~zd on the morth by the side road already me~tiomed
~_d o~ the south by a high emb~kme~t rising sh~p!y about 200 ~eet above
Isabella ~eaeh on Lomg is!~d So~_d~ To the east t~ere is a sizeable ra~:zine~
~ao~at ~d brush-co~ered~ o~w~ed by ~idco~ ~nd to the west by a 6 acre property
o~med by the ~state o~ Jamsen Noyes Sr~ My proper~~ is completely surro:~mded
by and isolated thru dense ~atmral bz~sh type growth ~d inaccessible other
th~a thru the pri~ate road me~tiomed~ Opposite to my ~ro~erty o~ the
~d across the side road is a yacht brush covered area ~zich I
The pool is located abo~_t in the cemter o~ the proper'~~ on its south side
50~ im ~rom the edge o~ the sharp high emb~kment risi~.g from Zsabel!a Beach
~d ~:~.rther ~rotected by a de~se ~dge about 4~ high along the emb~mkmem%
2. The hardship created is UNIQUE and Es not shared by eU properties alike in the
vicinity of this property and in this use district because
From the description it is obvious that the property is iic ~u isolated area
in which there is little traffio~ It ia well enclosed with natural proteo~
tions offering even greater security th~u a fence~ Accidental intrustior_s
do not
Therefor I ~eel I should mot be required to erect ~rther fencing ~d re-
~ues~ a vari~oe from sectiom 2A o~ 100-35
3. The Variance would observe the spirit of the Ordinance and WOULD NOV CHANGE
CHARACTER OF THE DISTRICT because of tlae previously stated zsoJ. a~ion cz
property.
STATE OF NEW YORK )
)
COUNTY OF ~d~goa~ )
SS
Sworn to this .................. L.~.?....~. ................. day of
................... ....................
MARY B. PAN~[EV~]CZ
CARL J. SCHMID
VILLAGE Of GOLF
FLORIDA 33436
November 15, 1977
Zoning Board of Appeals
Town of Southold
Town Clerks Office
Southold, New York 11971
Gentlemen:
~ppeal No. 2338
The advice of the action taken in respect to the
above numbered appeal, referring to the elimination of
a swimming pool fence on my Fishers Island property,
reaches me in Florida.
To quote from your findings, "We agree that the
remote location of the pool and its surroundings reduces
the possibility of accidents involving casual intruders."
This confirms the bases for my request. Your position
in denying it, namely, that no one has ever been granted
a variance as a matter of principle -- does not seem a
strong, valid reason. In fact, on that bases, access
to water of every kind on this Island s~6~-~'require
fencing.
I am not in agreement wityh yo~ction.
Ca~ Schmid
0
CARL J. SChMID
Schmid
THE CHAIRMAN: Previous to this application, on September
1st the Building Inspector wrote to Carl J. Suhmid as follows:
(The Chairman read the Building Inspector's letter,.
and Mr. Schmid's reply. The ~hairman also read
Mr. Schmid's letter of requesting that the
Board postpone this hearing until the Spring.)
I guess you said, Serge, that he's left for Florida,
right?
SERGE DOYEN, JR.: Yes. What he says is absolutely true,
that place is just about inaccessible except through the
single road. There is a big ravine that makes a natural
barrier, underbrush, they are just about impenetrable, it is
true.
ROBERT BERGEN: Have you been down there?
SERGE DOYEN, JR.: I tomk those pictures you've got there.
(The Board discussed the pictures of the house and the
surrounding property.)
SERGE DOYEN, JR.: Without exaggerating it's an extra-
ordinarily beautifully landscaped place. But the purpose of
the fence is to keep some kid from falling in, what can I say.
Like a lot of these guys say, "My pool has been there 20 years
and hoBody's fallen in, not even a cat."
STEVE KATZ: Are there children in the family?
SERGE DOYEN, JR.: That's what I asked him, he's got
grandchildren, but he said they're not allowed near the pool.
THE CHAIRMAN: They're not allowed near the pool except
under certain conditions.
FRED HULSE, JR.: They would be inside the fence anyway.
THE CHAIRMAN: Does he allow the grandchildren in the~.house?
FRED HULSE, JR.: It looks like there's plenty of room.
SERGE DOYEN, JR.: I don't know, if you have an ordinance
for a fence around a swimming pool that means you have an or-
dinance for a fence around a swimming pool. If you go along
with the intent or the purpose of the Ordinance, I don't know
how you'd vary it.
THE CHAIRMAN: Does anyone wish to speak for this application?
(There was no reponse.)
Anyone wish to speak against this application?
(There was no response.)
I have to speak against it and state that the Ordinances
of the Town of Southold are constructed for the observance of
all oitizens in Southold including the residents of Fishers
Island.
SERGE DOYEN, JR.: By the Constitution of the State of
New York. You can't have an ordinance that excludes part
of the Town.
THE CHAIRMAN: Equal treatment under the law requires
that Fishers Island residents not be excluded from the Town
Ordinance.
CHARLES GRIGONIS, JR.: They may argue that it was put
in before the Ordinance.
SERGE DOYEN, JR.: You might throw in there somehow that
aesthetic value might not add up to the harm that Could be
done by not complying with the provisions of the Ordinance.
THE CHAIRMAN: Aesthetic considerations are outweighed
by the importance of maintaining the health, safety, and
welfare of the people.
SERGE DOYEN, JR.: It's true, if a kid falls in how can
you justify itl. Aesthetically you could look for 1,000 years
and you couldn't justify it.
CHARLES GRIGONIS, JR.: Was the Ordinance written so
that it applies to pools that are pre-existing?
THE CHAIRMAN: Yes, they give them six months to comply.
Of course, on Fishers Island they're rarely there for six
months at a time.
(There was further discussion of Fishers Island.)
The physical barriers surrounding the applicant's pgol
are not impenetrable. The Ordinance was designed to protect
properties which have an"attractive nuisance." To protect
residents of the Town from "Attractive nuisances." And
domestic animals too.
SERGE DOYEN, JR.: Put it this way, I can listen to this
flack for a long time but I couldn't listen if a kid fell in.
Schmid
After investigation and inspection (etc.) .....
The Board finds that the applicant owns a swimming pool
(Constructed prior to fencing regulation) situated between an
attractively landscaped home and Block Island Sound to the
south. The pool is located in the rear yard area of the
approximately seven-acre tract. Access is by means of a
dead-end dirt road about three miles from the village. Large
areas of the tract and nearby areas are covered with dense
native underbrush, 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 reduce~the possibility of accidents in-
volving 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 method noted by the applicant. No one
has been granted a fencing variance. A fence would not have
prevented the only Southold fatality (he jumped into a part-
ially filled pool). It is the obligation of the Board 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 ........
DENIED
TOWN CLERK 765-3783
Building Dept.
Planning Bal. 765-2660
Board of Appeals
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the ..... ~oar. d. Of. ~)~$ ............. of the town of... ~.O.U..t.h.o.~d. .................
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance
................ Amendment to the zoning ordinance
................ Zoning changes
Carl J. Schmid
Fishers Island, NY
................ Special permits
...... ..X. ....... Variances
Location of affected land: ...Rlo. ck..35.,.../~3.t..JS.~..ff.i~he/;S...I~s.l~A~,..~;~.t:.~.~., .......................
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
X Shoreline
Comments:
This application was denied. The ~oar~ felt that aesthetic
considerations are outweighed by any possible danger to the
health, safety, and welfare of the people.
Date: Oct. 14, 1977
(signed) Robert.W. Gillispie, Jr.
Chairman
Title
Date received by Suffolk County Planning Commission ....................................................................................
File No .................................
tK
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 1 1971
IELEPHONE
(516) 765-1801
September 15, 1977
To:
From:
Re:
to:
JTT/bn
cc:file
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Application of Carl J. Schmid for a variance-appeal no. 2338
I have on file in my office notification by certified mail
Estate of Jansen Noyes Sr., % Jansen Noyes, Jr. 8 Hanover St.
New York, N.Y. 10004
Fishers Island Development Corp. % Jansen Noyes, Jr. 8 Hanover Street
New York, N.Y. 10004
~ Town Clerk
CARL J. SCHNIID
~w~x~ Fishers Island
~zw~,~x~ New York 06590
August 27, 1977
Town of Southold, Building
Town Clerk's Office
Southold, NY 11971
Department
Attn: Building Inspector
Dear Sir:
I am in receipt of the Section 100-50 of the
zoning code for Suffolk County as requested, with
your own comments as to certain latitudes in com-
plying with this ordinance. It~ purpose is clearly
stated.
In my case we have five acres of property on
which the residence and swimming pool are situated.
Ninety nine percent of this piece of property is
completely surrounded by almost impenetrable natural
barriers to which an additional Y'ence would'a~'~-'------
~r nothing to prevent unauthorized access to
thisproperty. If we were to provide proper closures
to the limited access that exists to this property,
the purposes of the ordinance would be effectively
complied with, and would eliminate a very considerable
expense in totally fencing in our property.
As to enclosing the pool itself, any structure
would be an actual eye sore and detract immensely
from the front appearance of my property. It would
be the very last thin~ that I would contemplate.
my home is located in a sparsely settled area,
with no year round residents. The privacy of homes
in this area is well respected, and the possible
careless wandering into our property practically nil.
Consequently, fences of any kind, with the natural
barriers already surrounding these larger properties,
would contribute little if anything toward the further
safety factor, the intent of the ordinance.
Inasmuch as you suggest a fence around the whole
property would~"Jmply with Ordinance 100-3~ it
~ould appear to me that the proper closure to the
limited access to our property would provide the
same protection as a fence if erected, and without
the very considerable expense. It would also prevent
having to erect an eye sore on the property.
I would appreciate your letting me know if it
is possible to get a variance to this effect.
Sincerely,
CJS~a
~e~t 1, 1977
Carl J. Sehmid
Dear
A~ yo~ ~ust kno~% I have no a~thor~ty to gr~nt an?
variance or i;~.r~3~ity fron~ the Town ordinancas. This can c~!y
be done by the Zoning Board of Appeals, or as a condition approved
by a Justice a£t~' hoarin~ a case proceding.
~ile I am sympathetic to your reasoning~ I must insist
that the pool be properly fenced OR that you have proper relief
grant~ ~y t:~, _card of ~: s.
Encloss~. i~i~ f'~:d- "I;otic. to ~oighbor iu~ms~ which m~s%
be mailed to your adjoining neighbors by certified mail, get postal
certification =ecei~% £ros th, po~t office an~ attach ~t to the back
of a duplicate notice with neighbors names and adresses who were so
noti£ie~. Also enclosed is an appo~- £or~ in t~i~li~ate, this must be
filled in front and hack - all sections, and suomitte~ wi~h the
duplicate of notice and $ 1%.~o f~e t<~ t~e To~ C].~rk. Also enclosed
please fir~ application forms z'or fence permit ~r~!ar building
~,,~!t forms) o:-, '-hich you can ~ ~r r~d: ~,~ e~ ~-:,o~ ~ survey
of your property indicsting where yo~ =wel,lng ann p,ol are located
end any points that you think would suffice for security.
Appeals,
at
Should you wish to make a~ appeal to the ?Zoning Board of
you may use the date of no~ ~.ee of violation which you have
Sr. Building Inspector
C.C. ~ Appeals, & F. Doyen
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
: NOTICE
Carl O. Schmid :
to the Board of Appeals. of the Town,of Southol_~ :
In answer to the Notice of Violation dated August 17, 1977
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) (the following relief: tln~t
Town of Southhold Zoning Code 100-35, dealing with fencing in of swimming pools ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: ? acres with dwellinq and swimminq pool thereon, desiqnated on South-
hold tax map as District 1000, Sect. 011t Block 1~ Lot #5
3. That the property which is the subject of such Petition is located in the following zoning district:
Southhold Tax Hap district 1000, Sect, 011, Block 1, Lot #6
4. That by such Petition, the undersigned will request the following relief: Relief from
compliance to swimming pool or propsrtv area fencing requirements-
Section 2A of zoning code 100-35
$. That the provisions of the Southold Town Zoning Code applicable to the relief, sought by the under-
signed are: Southhsld zoning cede 100-35 Section 2R fencing swimming pools
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.
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~yqu or your representative have the
right to appear and be heard at such hearing.
Dated: September'qn.. 1977 ·
Petitioner~
Post Office VA,
cSal P.O. Box
Fi~ers Island, N.Y. 06390
NAME
Estate
of Jansen Noyes Sr.
PROOF OF MAILING OF NOTICE
ADDRESS
% Jansen Noyes Jr.
8 Hanover St.
New York, N.Y. 10004
Fishers Island Development Corp.
% Jansen Noyes Jr.
8 Hanover St.
New York, N.Y. 10004
REGISTERED NO.
Value
Retum
Receipt
po~tage $ I L~ r~ AIRMAIL
POSTMASTER {By) MAII:IN'~ OFFICE
...................
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
Carl J. Schmid , residing at Fishers Island, N.Y. 06390
~ being duly sworn, deposes and says that on the __ day
of September ,19 77 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, dlreeted to each of the above-named persons at the addresses set opposite their respective
names; that th_e addresses set opposite the names of said persons are t
the current assessment roll of the Town of Southold; that said Noti~
ficeat Fishers Island~ N.Y. 06390 ;thatsaid ~ti(
(eel~l~md) (registered) mail.
Sworn to before me this /
day. of ~>~-.~/..~ , 1,-'~--~--~
b' Notary Public ~-~
/" MARY S. PANKIEWICZ
~I~%RY PUBLIC, STATE OF NEW YORI~
~ ~11~'~-8267~50 - SUFFOLK COUNTY
iON EXPIR£S MARCH
.'~a~ddresses of said persons as shown on
w~re mailed at the United States Post Of-
~ ~ ~i~°fsaidpers°nsby
-(
.z?-oo'~'
MATCH Z
5
6.0A
4
2.6/~
I0
2.0A
6
7.0A
60
0
SEE SEC 'NO, 130