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HomeMy WebLinkAbout2364 TOWN OF SOUTHOLD, NEW YORK DATE ..D.e.¢......2.2, 1977 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2364 Dated November 4, 1977 ACTION OF THE ZO~NG BOARD OF APPEALS OF THE TOW-NOFSOUTHOLD Michael Weir, Esq. To Estate of Elizabeth Gray Sullivan & Cromwell Fishers Island, NY 06390 125 Broad Street New York, NY 10004 Appellant at a meeting of the Zoning Board of Appeals on December 22, 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 (X) Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board ~ was determined that a special exception ( ) be gra~ed ( ) ~ denied pursuant to ~t~le .................... Sect~n .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the d~ision of the Building I~peetor ( ) be reversed ( ) be co~med beeau~ 7:35 P.M. (E.S.T.) - Recessed hearing upon application of Robert D. Gray a/c Estate of Elizabeth C. Gray, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 and 100-30 C 2(a) for permission to eliminate fencing requirement for in-ground swimming pool. Loca- tion of property: Private Road to Treasure Pond, Fishers Island, New York; Lot 11, Block 20, Private Road, Fishers Island Estates, Fishers Island, New York. 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 or unnecessary (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 (wonld not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ,-" /. / / ZONING BOARD OF After investigation and inspection, the Board finds that the applicant requests permission to eliminate fencing requirement for in-ground swimming pool, Private Road to Treasure Pond, Fishers Island, New York. The findings of the Board are that the Board is not able to vary the requirement for fencing pools regardless of the remoteness of the location or for aesthetic considerations. The Eoard 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 char- acter of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Robert D. Gray, Ancillary Admin- istrator, Estate of Elizabeth C. Gray, Fishers Island, New York, be DENIED permission to eliminate fencing requirement for in-ground swimming pool, Private Road to Treasure Pond Fishers Island, New York. ' Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. RECEIVED AND FInD BY ~}~ SOIri~HOLD TO~SR,' C[:~%K rk, To~ of Sou~old LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law.and %he 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, December lv 1977~ on %he following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Doris Hell, Bray Avenue, Mattituck, New York. 7:35 P.M~ (E.S.T.) Recessed hearing upon application of Charles and Mary Tangney, Little Neck Road, Cutchogue, New York. 7:50 P.M. (E.S.T.) upon application of Robert Isles, 83 Old Post Road, East Setaukef, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: Private Roadf south side Bayview Road, $outhold, New York, bounded on the north by Private Road; east by R. Kirsch; south by Corey Creek; west by H. Lindtveit. 8:00 P.M. (E.S.T.) upon application of Thomas Jernick a/c Jernick Moving and Storagev Moores Lane, Greenport, New York for a variance in accordance with the Zoning Ordinancer Article VIi, Section 100-118 C, E and Bulk Schedule for permission to construct addition with insufficient front and side yard setback. Location of property: east side Moores Lane, Greenport, New York, bounded on the north by the Village of Greenport; east by Greenporf School District ~10; south by William Price and Albert Herzog; west by Moores Lane. 8:10 P.M. (E~SoT.) upon application of Dorothy J. Kopple, 19 Park Avenue, Manhasset, New York for a variance in accordancs 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: north side North Parish Drive, Southold, New York, bounded on the north by Peconic Bay; Legal Notice -2- Hearings: December 1, 1977 east by Viola Perrin; south by North Parish Margaret A. Crosdale. 8:20 P.M. (E.S.T.) upon application of Frances P. Kozlowsky, 3376 Edgarton Avenue, Drive; west by Cecelia Ewald and Wantaugh, New York (Rudolph Bruer, Esq.) for a variance in Zoning Ordinance, Article IiIt Section for permiss!on to divide property with accordance with the 100-30 and Bulk Schedule insufficient width. Location of property: south side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Peconlc Bay; west by Helen Rust. 8:30 P.M. (E.S.T.) upon application of Valentine W. and Sophie K. Stype, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article X!, Section 100-118 for permission to construct addition with insufficient side-yard setback and off-street parking. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Mattituck Park District; east by William Wickham~ south by Main Road; west by M. Kelsey Properties, Inc. 8:45 P.M. (E.S.T.) upon application of Mr. and Mrs. John Polywoda, Bayvlew Road, Southold, New York fox a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 A, B for permission to construct addition on existing business building with apartment. Location of property: south side Main Road, Southold, New York~ bounded on the north by Main Road; east by Hobart Road; south by Le~an & Warnaka; west by Warnaka & Ross. 8:55 P.M. (E.S.T.) Estate of Elizabeth C. upon application of Gray, Fishers Island, Robert D. Gray a/c New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 and 100-30 C 2(a) for permisszon to eliminate fencing requirement for in-ground swimming pool. Location of property: Private Road to Treasure Pond, Fishers Island, New Legal Notice -3- Hearings: December 1, 1977 York; Lo~ 11, Block 20, Private Road, Fishers Island Estates, Fishers Island, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Da%ed: November 18, 197.7 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, NOVEMBER 23, 1977, AND FORWARD SEVEN (7) AFFIDAVITSOF' PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on November 18, 1977: Wm. Clark, Esqo a/c Doris Helf Char~es & Mary Tangney Ao Reilly & Sons a/c Robert Isles Thomas Jernick a/c Jernick Moving & Storage Daniel Smith and Robert Kopple, Esq. a/c Dorothy Kopple Rudolph Bruer, Esq. a/c C. Ewald and P. Kozlowsky Valentine & Sophie Stype Mr. and Mrs. John Polywoda Michael Weir a/c Est. of Elizabeth Gray PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ) ) ss. New London L E GA.___._~L No. 73__7 Town of Southold NOTICE OF HEARINGS Amend~]~ Building Z~te O~*d~nce of the Town 0~ Souflt~d, N~rk 8;5S P.M, (E.S.T.) U~ ~lica- On this 25th day of November A.D. 1977, personally appeared before the undersigned, a Notary Public, within and for said County and State, A.G. Almeida newspaper London, State sta~ s on oath, Legal of THE DAY, a daily evening published at New London, County of New of Connecticut, who being duly sworn, that the Order of Notice in the case of advertisement #737 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 23rd days of November A.D. 1977. Subscribed and sworn to before me this P 5fh day of November A.D. 1977. ~otary ~lic. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions 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. Southo~d. New York. on Thurs- day. December I. Iq77. on the following appeals: 7:30 P.M. (E.S.T.} Recessed hearing upon application of Doris Hell. Bray Avenue. Mat- tituck. New York. 7:35 P.M. {E.S.T.) Recessed ~ hearing upon application of Charles and Mary Tangney. Little Neck Road. Cutchogue. New York. 7:50 P.M. IE.S.T.} upon application of Robert Isles. 83 Old Post Road. East Setauket. New York for a variance in accordance with the Zoning Ordinance. Article 111. Section 100-32 for permission to con- York. ~ounded on the north by Main ~oad; east by Hobart Road. ,-~uth by Lehman & Yar~aka; west by Warnaka & a/c Estate of Elizabet ~.~ GraY. Fishers Island. Nre~.I York for a variance tn acco.r.u- ] .... e Zoning Ordin-] ance. Article 111. Section 100- 35 and 100-30 C 2{al for permission to eliminate fenc- ing requirement for in-ground swimming P°°t'eL°~{aot~n of property: Privat to Treasure Pond. Fishers Island, New York; Lot II. Block 20, Private Road. Fishers lslan~ Any person desiring to be -t heard on the above appeals should appear at the time and place above specified. Dated: November 18, 1q77 -n: BY ORDER OF THE souTHOLD -~ ~ ToWN BOARD OF ~ APpEALE ~ 1T.II/24 (272) ol COUNTY OF SUFFOLK SFATE OF NEW YORK S,~erle,/ Kutz, being duly' sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a pubJic newspaper printed a? Southold, in Suffolk County; and that the no~ice of which the annexed is a printed copy, nas been pubiished in said Long Islcnd Traveler-Watch- man once each week for " ............ , ........................... weeks s ~ccessively, commencing on the ;v Sworn t3~ before me this .....x.".:.~ ............. d<¥ or l- z -? ..................................... ~ 9...:'..... JOSEPH FENTON NOTARY PUBLI{;. State ot New York No. 52-1195150 Qualified in Sulfolk Count/ ~ Commission Expires March 30, 19/7 LEGAL NOTICE Notice of Hearing 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 wili be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, December 1, 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Doris Heft, Bray Avenue, Mattituck, New York. 7:35 P.M. (E.S.T.) Recessed hearing upon application of Charles and Mary Tangney, Little Neck Read, Cutchogue, New York. 7:50 P.M. (E.S.T,} upon ap- plication of Robert Isles, 83 Old Post Road, East Setauket, New York for a variance in ac- cordance with the Zoning Or- 32 for ~.rmission to ~estruct accessory building in front yard area. Location of property: Private Road, south side Bayview Read, Southold, New York, bounded on the north by Private Read; east by R. Kirsch; south by Corey Creek; west by H. Lindteveit. 0:00 P.M. (E.S.T.) upon ap- plication of Thomas Jernick a-c Jernick Moving and Storage, Moores Lane, Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 110 C, E and Bulk Schedule for permission to construct addition with insufficient front and side yard setback. Location of property: east side Moores Lane, Greenport, New York, bounded on the north by the Village of Greenport; east by Greenport School District No. 10; south by William Price and Albert Her- zog; west by Moores Lane. 3:10 P.M. (E.S.T.) upon ap- plication of-Dorothy J. Kopple, 19 Park Avenue, Manhasset, 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 divide property with insufficient width and area. Location of property: north side North Parish Drive, Southold, ~inanc~ Article III Sectic/n 100- New York, bounded on the nort~ by Peconic Bay; east by Viola Perrin; south by North Parish Drive; west by Margaret A. Crosdale. 8:20 P.M. (E.S.T.) upon plication of Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, SecQon 100-30 and Bulk Schedule for permissioh to divide property with insufficient width. Location of property: south side Indian Neck Read, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Poconic Bay; west by Helen Rust. 8:30 P.M. (E.S.T.) upon ap- plication of Valentine W. and Sophie K. Stype, Mattiinck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article XI, Section 100- 118 for permission to construct addition with insufficient side- yard setback and off-street parking. Location of property: north side Main Read, Matlitack, New York, bounded on the north by Mattituck Park District; east by William Wickham; south by Main Road; west by M. Kelsey Properties, Inc. 3:45 P.M. (E,S.T.) upon ap- plication of Mr. and Mrs. John Polywoda, Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70A, B for permission to construct addition on existing business building with apart- ment. Location of property: south side Main Read, Soutbold, New York, bounded on the north by Main Road; east by Hobart Road; soutli by Lehman & Warnaka; west by Warnaka & Ross. ~ 0:55 P.M. (E.S.T.) upon ap- plication of Robert D. Gray a-c Estate of Elizabeth C. Gray, Fishers Island, New York for a variance in accordance with the Zoning ordi~ce~ Article III, Section .100-35 and 100-30 d:2: (a) for permission to eliminate fencing requirement for in: ground swimming [~0o!~ Location of property: Private Rbad to Treas~u'e Pond, Fisl~e~s Island, New York; Lot 11, Block' 20, Private Roa{i, .Fishers~ Island Estates, Fishers Ik]and~i New York. Any person desiring tO be h{~ard on the above appoals should appear at the time and place above specified. Dated: November 13, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2850-1TN23 COUNTY OF SUFFOLR., ] STATE OF NEW YORK, ~ ss: J ~TUA!'<T C. DOR~iAN being duly Sworn, says that ..!.~ .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published crt Greenport, in said county; and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in eoch week, for ....... O..N~. ................. weeks successively commencing on the .~I'tTY,-.T~.~.D .......... day of ... ~?..VE._~.~., ........ IS,..7..7 ~ ...... ;'~., ~..(, ,~.~:~ ~.~.. ':.; ~..% ~ .... :;: ..... Sworn to before me this .. clay of ...~ffC~:~.~,~-.~.u.t~, 19.271 ....... .......... ...... ..... Coramisaion E ~p4ro~ ivMrch 3§, 19 TOWN OF SOUTHOLD BUILDING ~EPARTMENT TOWN CLERK'S OFFICE SOUTHOLD; N. Y. NOTICE OF DISAPPROVAL ~/ ~/ :File No ................................................................... Date ...................... /...~..!..'( ......... !. ............ , 197...7 PLEASE TAKE NOTICE that your.,applicotion dated ............. .~..~,....~,. .................... , 19,..~...7... for permit 'to ¢~,c~T' .......q~.~.u.~.%~...c~..../__ ........ at the premises located at ..,..~:..'..L..~..°...r...~.. ..... .................. Stree returned herewith an disapproved on the following grounds ..~..~O~...~.~d..~?:~ ..~ ........ ~ ....... ~ ........ ~.:....~ ........................ ~.~...¥~ ................................................................ ~ .~,~ E' ~' .~..~.~g_..~ .~. p~.w,~ ................... ~.~a ....... ~ ............ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .................... Robert D. Gray, Ancz±±ary Adminzstra~or 1, (We).~...t:.~...~..e'.~..~.~....~...~.~1.'~.b..e..~...~....C'.:.....G..~'..~.*~f ...................... ~..i.~D.9.~'.S..,..Z.~..-1..~..~..~ .................... Name of Appella,nt Street and Number ....................... .~...~,.~.....~,.o...~.,]f,. ...................................................... ,~...e..~....,~.g..~..]f-......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIL~NC~INSPECTOR ON .................................. ....... ............ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) ,PERMIT~ FOR OCCUPANCY /~ "'; ~ 1. LOCATION OF THE PROPER-FY ............. ~.~f~,.~..e...~.~....Z.,s.1..~...z!~.,....~..e..~.....~...o..~.~. ............................. Street Use District on Zoning Map Map 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 Ordi.nance.) (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 (,h~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such Gppeol was ( ) request for a special permit ( ) request for ~ variance and wes mode in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reason that the existing fence complete surrounds the swimming pool but is not 4 Ft. high in some areas. The gates in the swi~m~ing pool fence are maintained but are not of the self locking type. This pool is located on private property at the end of a private drive in a private section of Fishers Island FO~Ta ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicai difficu[¢ies or unneces- sary HARDSHIP because Application of the ordinance would require the complete rebuilding of fence and installing new gates tc swimming pool~ 2. The hardship created is UNIQUE and is not shored by all properties oiike in the immediate vicinity of this property and in this use district because Unknown 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CH]ANGE THE CHARACTER OF THE DISTRICT because Pool is located on prive property at the end of a private road STATE OF NEW 'fORK ) COUNTY OF ~' y"~,~< ) SS Robert D~ Gray Ancillary Administrator Estate of Elizabeth Co Gray .... ........................... / Signatured Sworn to this ............... -~...!..C.~_2~..~ .............. day of ~2~.%_ ,97 ~' ~folk County Department of Pla~ng M. ~ee Dennison Executive Office Building Veterans Memorial Highway Mauppauge, lIew York 11787 To%~ of Southold Zoning Bo~rd of Appeals Decemker 7, 1977 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'determin- ation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant .Municipal File i~umber Rokert Isles 2363 Est. of Elizabeth C. Gray 2364 Dorothy J. Kopple 2365 Jernick Moving & Storage 2366 Cecelia Ewald & France~ R~ Kezlowsky 2367 Valentine W. & Sophie K. Stype 2365 John Polywoda 2369 ~GI]: fp Very truly yours, Lee E. Koppelman Director of Planning Town Of Southold TOWN CLERK 765.3783 Buildbg Dept. f Planning Bd. 765-2660 Board of Appeab TOWN CLERK'S OFFICE Main Road Soul'hold, N. Y. 11971 Pursuant 'fo the General Municipal Law, Chapter 24, of the ConsoJldeted Laws, Article 12-B, Sections 239-1 and m, fha ...Ro&rd..OzlL Appea.l.s ......... of 'the town of Southold, N. Y. hereby refers the following (agency involved) proposed zoning ed%n ±e the Suffolk County Planning Commission: Icheck one) New and recodlfJed zoning ordinance Est. of Elizabeth C. Gray ........... Amendment to +he zoning ordinance Fishers Island, NY 06390 ............ Zoning changes ......... Special permits X .........Variances Location of effected land: ._.~a:~-~..~...'~..~9.~-~'9...P~-~...F;L.8~.~...~.~.~...~ within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county road, parkway or expressway ........... State or county ,park or recreation area ........... Stream or drebege channel owned by the county or for wMch the county has established channel lines ............ State or county owned ,parcel on which a public buildlng is situated X Shoreline Cbmmenfs: Date: Dec..2.,..197.'~ .............. (signed) Robert W. Gillispie, Jr. Chairman Title Date received by Suffolk County Planning Commission ...................................................... File No ............................. December 2, 1977 Michael W. Weir, Esq. Sullivan & Cromwell 125 Broad Street New York, NY 10004 Dear Mr. Weir: As per your request, the public hearing on Appeal No. 2364, Robert D. Gray a/c Estate of Elizabeth C. Gray, has been recessed to December 22, 1977, at 7=30 P.M. Very truly yours, Mary E. Dawson Secretary SUiLIVAN & CROMWELL November 28, 1977 Town of Southold, Zoning Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Gentlemen: We are representing the Estate of Elizabeth Gray in connection with an application for zoning variance to permit the elimination of the fencing requirement for an in-ground swimming pool on property at Fishers Island. We have received notice that our application is on the calendar for hearing on December 1, 1977. Unfortunately, the caretaker who is most familiar with the property will not be available on December 1st. Accordingly, we request that the hearing in this matter be postponed until December 22, 1977. Very truly yours, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS © Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 From: Re: November 4, 1977 Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Robert D. Gray a/c Estate of Elizabeth C. Gray Transmitted herewith is Appeal No. 2364 for the above application together with notification to adjoining property owners: Mr. Robert Geniesse, 1158 Fifth Ave., New York, N.Y. 10029 Fishers Island Development Co., Fishers Island, N.Y. 06390 JTT/bn cc:file Town Clerk SULLIVAN & CROM~/ELL November 1, 1977 Zoning Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Gentlemen: On behalf of the estate of Elizabeth Gray, Deceased, I am enclosing in duplicate an application for a variance to permit the continued use of a swimming pool on property on Fishers Island without having to rebuild the fence around the pool to comply with Section 100-30(C) (2) (a) of the Southold Town Zoning Code. I am also enclosing copies of the notices sent to the adjoining land owners, with proof of mailing, and a money order in the amount of $15 in payment of the filing fee. Please let me know if any further information or documents is required in connection with this application. Very truly yours, Michael W. Weir (Enclosures) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Estate of Elizabeth Gray, Dec. to the Board of Appeals of the Town of Southold TO: Mr. Robert Geniesse 1158 Fifth Avenue New York, New York 10029 NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. ]'hat it is the intention of the undersigned to petition the Board of Appeals of the Town of Southolo to request a (Variance) (Special Exception) (Special Permit) (the following relief: Variance 2. That the property which is the subject of the Petition is located adjacent to your property and is des- crioed as follows: West of your property beinq the property of the estate of Elizabeth C. Gray 3. That the property which is the subject of such Petition is located in the following zoning district: A "P~gid~nt~l-Aqrlo~ultural District" 4.'lhatbysuchPetition, theundersignedwillrequestthefollowingrelief: E×i~tin? ronco around swimming pool is not 4 Ft. high and gates to the swimming pool are not of the self lockinq variety 5 i ! et the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. si~'cOare: Article III, Section 100-35 and 100-30C (2) (a) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the: Southold Town Clerk's Office at Main Road Southold, New York and you may then and there exv,:ine the same during regular office hours. 7. l'hat before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals$ 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 To,vn of Sot '.hold 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 31, 1977 Petitioner Robert D. G~'ay Ancillary Administrator Post Office Address Estate of Elizabeth C.Gr ~,/~ ~u!l~%,~n ~ ~ro~-,e]l ___ 250 Park Avenue New York, N.Y. 10017 NAME PROOF OF MAILING OF NOTIC~E ADDRESS Robert Geniesse 1158 Fifth Avenue, New York, N.Y. 10029 STATE OFNEWYORK ) COUNTY New York SS.: El!zabeth A. Palmer residingat 243 East 58th St., New York, N.Y. , being duly sworn, deposes and says that on the 1st day of_ November ,19 77 , 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 addre~ses'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 Lexington Ave. & 45th St. ,NYC ; that said Notices were mailed to each of said persons (certified) (~4%~s",,sstl~rd~ mail. Sworn to before me this l~t day of November , ,197~ Notary Public ELIZAff~TI'! ANN COTTER JqOTARY PUBLIC, State of New York guolified in New York County New yoz~. Co. elk's No. 31-4622222 Commis~cs~ Expires March 30, 1979 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Estate of Elizabeth Gray, Dec. t0 me Board of Appeals of the Town of Southold : TO: Fishers Island Development Company Fishers Island, New York 06390 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) (Spe~l-E-x<-ept4on-)-{$po~i~4-1Z~m4-t+Jct-~-f~lh3~4v, gg-e~: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- crib~dasfoll0ws: East of your property~ b~ng ~h~ pr~p~r~y nf ~h~ ~ ~ E!J zabeth Gray at Treasure Pond on Fishers Island 3. That the property which is the subject of such Petition is located in the following zoning district: _A "Residential-Agricultural District." 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Variance to permit existinq fence around swimming pool which is DQ~ 4 ft. high and gates to the swimming pool which are not self-lockin~. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Article III, Section 100-35 and 100-30c(2)(a) 6. ]~at within five days from the date hereof, a written Petition requesting the relief specified above will be f:led in the Southold Town Clerk's Office at Main Roa. d, 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 Tm: ~; of Southold anal 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 3-1, .1977 Petit Ancilla~y. A0min~s~t°~ -, PostOfficeAddress c/o Sullivan & Cromwell 250 Park Avenue New York, N.Y. 10017 C. Gra i~ J PROOF OF MAILING OF NOTICE ADDRESS Fishers Island Development Company Fishers Island, N.Y. 06390 STATE OF NEW YORK ) COUNTY OF~.) NEW YO~, SS.: Elizabeth A. Palmer , residing at 243 East 58th St., New York, N.Y. , being duly sworn, deposes and says that on the 1st day of November ., 19 77 ., deponent mailed a true copy of the Notice set forth on the re- verse side hereof, direcl;ed 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 asse~ssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- (certified)rice at t,ow~c~g:e~)nat-r~u mail.AW=. ~, 45t.h ,q~-. ~¥C ; that said Notices were mailed to each of said persons by Sworn to before me this ls~ day of November ~ ,19 77 Notary Public ELIZABETH ANN COTTER :NOTARY PUBLIC, State of New York QuoIified in New York County New Yarc Co. CIk's No. 31-4622222 Commission Expires March 30, 1979 :'t- ~, . ..? 2.3A I~RwATeR LAND) / . F~SHER ISLAND WATER WORKS I0 2 ~5 A IO.~A (C) R.O. 8' SEE SEC NO