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Home My WebLink About2338 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 Notices -5- Heai_-_gs : October 13, 1977 I variance in accordance with the Zoning Ordinance, Article. III, I 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 W. Jackens; west by Summit Road. 10: 45 P.M. (E.D.S.T. ) upon application of Carl J. Schmid, j Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article .III, Section 100-30 C 2 (a) and 100-35 j for permission to eliminate swimming pool fence. Location of property: Private Road, Fishers Island, New York; Block 35 , j Lot 5 , Fishers Island Estates. 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 SOUTHOLD TOWN BOARD OF APPEALS iPLEASE PUBLISH ONCE, OCTOBER 6, 1977 , AND FORWARD NINETEEN (19) i AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, ; MAIN ROAD, SOUTHOLD, NEW YORK. i i Copies mailed to the following on September 30, 1977 : Ernest C. Radford a/c Marion D. Fitzsimmons I Mrs. William J. Fleming Gustav Bartra Abigail Wickham a/c Athanas Zamphiroff A. Reilly & Sons a/c Vernon Ach William J. Schonewald i Hon. Joseph R. Corso Frederick Tedeschi. a/c Stanley J. Zultoski George Stankevich a/c Salvatore and Angelina Caridi Paul Hunter Howard and Mary Larsen Jack Driscoll Irving L. Price, Jr. a/c Mr. and Mrs. Walter E. Robinson . Emma Mae Kroner �I Raymond Kirsch William Clark a/c Doris Helf ji Angelo Accardo Gary Olsen a/c Linda D. Bertani Carl J. Schmid i 4 I October 6, 1977 �n accordance with-the York (Gary Olsen, EsgJ for a- dmance,- Article III, variance in accordance with tqe. 30 and Bulk Schedule Zoning Ordinance, Article In, I COUNTY OF SUFFOLK. 1 3sion to divide property Section 100-30 and Bulk Schedulo r ss iicient width and area. 'for permission to divide:property STATE OF NEW YORK, �f property• Luke View with insufficient width and area. J East Marion Location ofproperty,: Private STUART C . DnRMAN o. . . . . . . . . . . . . . . . RMA . , . . . . . . . . . . . . . . . being duly Sworn. bounded on the north Road,Fishers Island,New York; � 'iew Terrace; east by Block 35, Lot 5,-Fishers Island I says that . .OF . . . is Printer and Publisher of the SUFFOLK oO,rmerly Huttenmoser;. Estates. 1�arionLake;west byK.. Location of East,side'. WEEKLY TIMES, a newspaper published at Greenport, in said pa'Pohl Summit Road, Southold, New eoX. (E.D.S.T.) upon -York,bounded on the north.by G. county; and that the notice. of which the,annexed is a printed zdn of Emma Mae Cann; east,by J. Bertani; ,south uat10 Glen Court, Cut- by W.. Jackens; west by Su_Trnit copy, has been published in the said Suffolk Weekly Times o1w York for a variance Road. once in each Week: far ONE weeks �n l�nce with the Zoning 10:45 P. E.D. :) 'upon " " " " " " " " " " " " �1iy�Article III, Section app caion'of .Carl J. Schmid, successively commencing on the . . .SlYTH. . . . . . . . . . . . . . . . . as Bulk Schedule for -Fishers•Island, New York for a o�to change lot lines. "variance in accordance with the i day of . •0QT..0'3FR-. , _ .��19. .7.7 6s roperty: Glen Court Zoning Ordinance, Article III, �� 11, Cutchogue, New Section 100-30 C 2(a) and,100-35 / r5 . . . . . . . . . . . . . . . . . . . . . . . . No.- 12, Vista Bluff for 'permission to eliminate Sworn to before an this . . lam. . . . . . . swimming pool fence.Location of i 1�. (E.D.S.T.) upon property: Private Road, Fishers yf.Raymond Kirsch Island New York; Block 35 Lot . day of . . �i 19. !. J q3"Ins Bridge Road, 5, Fishers Island Estates. Jn.Pork for a variance Any person desiring to be heard . . . . ill .:a4e. with. the Zoning, on the above appeals should R3Srtiele III, Section appear at the time and place purtnission to cons- above specified. j NANCY R. DOUGLASS uc r building in front Dated: September 30, 1977 NOTARY PUBLIC,State of New York kation of property: Residing in Suffoll; County ue a P P y: BYORDER OF . CLts. No. 52-6088885 1/ laag ff Bayview Road, THE SOUTHOLD Commission R,ayirem 11&arch 30, 19../.9 f U Orkt-of-ou east by TOWNBOARD nouth Y, y OFAPPEALS. ;. by Corey 1TO6-2818 i �K. Isles. .i>4.T) upon I ors _LEGAL NOTICE_ ficient width and area. Loca- tion of property- Soqlb side I COUNTY OF SUFFOLK Kouro's Road,-New Suffolk, ss: New York, bounded on the STATE OF NEW YORK 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, Sherley Katz, being duly sworn, says that she is an Main Bayview Road,Southold, '' New York for a variance in Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, t accordance with the Zoning ' a public newspaper printed at Southold, in Suffolk County; Ordinance, Article III, Section 100-32 for permission to con- and that the notice of which the annexed is a printed copy, fro nt and side yard area. accessory,building a I front . has been published in said Long Island Traveler-Watch- 3 Location' of property: North man once each week for .........../.......................... weeks c side Main Bayview Road, N Southold, New York, bounded successively, commencing on the V on the north by Highwood o Subdivision;east by C. Colom- day of .....(.�a6 •.......... 191 bo; south by Bayview Road; west by J. Krepp&wf. _a : 9:25 P.M. (E.D.S.T.)'upon applicationof Howard and .................................................................................. Mary Lasser;466d:�een Hole Drive, Mattituck, New York_' —Scneatir�tor permi"ssi-1"To II divide property with insuf- ficient width And area. Loca- Sworn to before me this ... day of tion of propek,y: West side Nakomis Road, Southold, New York,bounded on the north by o.. = ......••••• 19........! H. Walters; east by Nakomis j Road; south by G. Cosenzo;- l west by E.Probe,P. Bingman, ' J. Elak& wf. � i � . e 10:35 P.M. (E.D.S.T.) upon ................... .:fit. application of Linda D. Ber- Not y Public tani, Colonial Drive, Southold, New York (Gary Olsen, Esq.) JOSEPM FENTON for a variance in accordance j I NOTARY PUBLIC. State of Ne�v York with the Zoning Ordinance, I I No. 52.1195150 Article 111, Section 100-30 and Qualified m SWIM County Bulk Schedule for permission to divide property with insuf- ficient width and area. Loca- tion of property: East side Summit Road, Southold, New I York,bounded on the north by. G. Cann; east by J. Bertani; south by W. Jackens; west by Summit Road. t ?10:45 P.M. (E.D.S.T.) upo application of Carl J. Schmid, I Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article I III, Section 100-30 C 2(a) and 100-35 for permission to elim- inate swimming pool fence. Location of property: Private Road, Fishers Island, New ;Y York; Block 35,,Lot 5, Fishers Island Estates. Any person desiring to be I'i I heard on the above appeals should appear at the time and,, I li place above specified. Dated: September 30, 1977 BY ORDER OF THESOUTHOLD TOWN BOARD PEALS r PUBLISHER'S CERTIFICATE � f � State of Connecticut ) County of New London, ) ss. New London On this 6th day of October A.D. 1977, personally apgea�,red before the undersigned,. 'LEGAL' No.486 a Notary Public, within and for said County and State, Town of Southold A.G . Almeida Notice of Hews gs Pursuant to Section 167 of the Town f THE DAY a daily i Law and the provisions of the o y evening t Amended Building Zone Ordinance of the Town of Southold,New York,a ,public hearing will be held by the. newspaper published at New London, County of New Zoning Board of Appeals at the Town !Hall, Main Road, Southold, New York,on Thursday,October 13,1977, London, State of Connecticut, who being duly sworn, on the following appeal: 110:45 p.m. (E.D.S.T.).upon appli- cation of Carl J.Schmid, Fishers Is- land,New York fora variance In ac-I states on oath, that the Orde r of Notice in the case of cordance with the Zoning Ordinance, Article 111,Section 100-30 C2(a)and 100-35 for permission to eliminatel Legal advertisement # 486 swimming pool fence. Location of, property: Private Road, Fishers Is- land,New York; Block 35)Lot No.5, Fishers Island Estates. aA, a true copy of which Any person desiring to bel'ieard on the above appeal should appear.at the time and place above specified. is hereunto annexed, was published in said ne ws pape r in Dated: September 30,1977. By Order of the Southold Town Board of Appeals its issues of the 6th days of October A.D. 1977. Subscribe and sworn to before me this 6th day of October A.D. 1977. �v Notary Public. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FileNo. ..................................................................Date .......................... _...;....`................ 19.. .../ To ... rL....?!....... F �rtn;ti: c:�............. .................f:: ......................................................... ..................... `:�.:... V.,.......�>... �.= ..................... PLEASE TAKE NOTICE that your application dated .......G .......1......................., 19....'...� for permit to 25+xuc ... .. 1►.�v :s.� 4s4Q....gt the premises located at ..... �!......1..•f:?.C:..si_ ........................ ......................................... Street Map .r�r�!h'.u:. h ...c�:.�'i:�j Block ................. ................. Lot ........ .................................... is retur.aed-herewith-and disapproved on the following grounds ......... :��-_.X�,,,;,....,...... .........1....��yt.... ...1.�.! 1 _•.1 ,.+...`r�..... .................lvJ �! .�[ ....41.r... .�(_�r).... ..�. ..0............................. .V;.. ,/.,��).. .��................. Building Inspector _ TOWN OF SOUTHOLD, NEW1[ORK . APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ? (� �/�- 7 �7 ` �/�7E -� � --. -.:r�.-.^.7/ TO THE ZONING BOARD C>FAPPEALS, TOWN OF 5DUTH(3LO N. Y. ` � Carl `T ........................Schmid(We) ... Nonno of Appellant Street and Number Fishers IsIand° 'SuffoIk .Ocountn New York ........................................................ ............................HEREBY/\PPE/\LTO Municipality State ' � THE ZONING BOARD OF APPEALS FROM THE 'OEC|BOw OF THE BUILDING INSPECTO ON ` APPLICATION FOR PERMIT NC1 .................................. D/\TED--. .-.----- WHEREBY THE BUILDING INSPECTOR DENIED TO . . ____CAZI...J.. /\Schmid ___________.. Non�a ofpp|kont for permit of ~__,___��i8]�e]rs_IDIs�zdx_]Qe�_��Ork..._~._,_~_........ `______. reatondNunnbe, Mkunidpo|ity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (_J{ ) Permission for variance to Section 2A of100-35 l. LOCATION OF. THE PROPERTY ��J��,��-/!�y�x.o�.�'�:..u.�.��-��ouu--tr/K..��u.�-o 5treat_ Use District on Zoning Mop . ` ----------^--^'---'---------- 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 (]ndinoncu.) Variance requested for Section 2A of 100-35 (fencing of swimming pools) 3. TYPE OF APPEAL /\ooeo| is made herewith for (]{ ) A VARIANCE tothe Zoning Ordinance or Zoning AAop ( ) /\ VARIANCE duo to lack of access (State of New York Town Low [hop. 62 Cons. Lows Art. 16 Sac. 280/\ Subsection 3 4. PREVIOUS APPEAL /\ previous oppoo| O&D8l(hos not) been made with respect tothis decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for special permit ( ) request for o variance and was made in Appeal No. ................................Dated -.--,---.-.--..,,,__,~____.. REASON FOR APPEAL ( ) /\ Variance to Section 28OA. Subsection 3 (2L ) /\ \/ohonce to the Zoning Ordinance ( ) ~ i��ogueste6 for the J�qyopthat A. z�o Pool is 4� ' long- surrounded by a large irregular shaped concrete apron I>rasezzt1zzg difficulties in fencing to be overcome ozzIJr by the en- closure of a sizeable area. B. There is a further Dbotruatiozz tbru the I?reoGzzoe of two pine trees _ oIooa to the pool area. ~ O. The pool being in a nicely landscaped lawn area in front of the bODsev no,mi zo1 (Continue on other side) � � . ' REASON FOR APPEAL Continued fencing would create an eyesore detracting from the property value with-out adding ��;}}torrthe adequate safety already present in the property as a whole and ag PrSTRe(C:Te) PAL R' ISN OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because: Property area - fencing Our property is located in an isolated area on the south side of Fishers Island 22 miles from its small village. Access to the area is by an infre- quently used dead end side road into the center of our property. The pro- perty is a 7 acre plot bound on the north by the side road already mentioned and on the south by a high embankment rising sharply about -200 feet above Isabella Beach on Long Island Sound. To' the east there is a sizeable ravine, vacant and brush-covered, owned by Fidco, and to the west by a 6 acre property owned by the Estate of Jansen Noyes Sr. My property is completely surrounded by and isolated thru dense natural brush type growth and inaccessible other than thru the private road mentioned. Opposite to my property on the north and across the side road is a vacant brush covered area which I own. The pool is located about in the center of the property on its south side 50' in from the edge of the sharp high embankment rising from Isabella Beach and further protected by a dense hedge about 4' high along the embankment. 2. The hardship created is UNIQ-UE and is not shared -by, all properties alike in the immediate vicinity of this property and in this use district because From the description it is .obvious -that -the property is in an isolated area in which there is little traffic . Itis well enclosed with natural protec- tions offering even greater security than a fence. Accidental in trustions do not occur. Therefor I feel I should not be required to erect further fencing and re- quest a variance from section 2A of 100-35 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because of the previously stated isolation of the property. STATE OF NEW YORK ) ss ...... ........... . .................................. COUNTY OF Gsr-R) -K ) Signature Swornto this ..................1S........................ day.-of..:.............. ......:..: ..............:............. 19 77 _ .......... Y Vl...... �.............. ..... otary Public MARY B. PANKIEWICZ NOTARY PUBLIC, STATE OF NEW YORK NO..52-8261950 — SUFFOLK COUNTY COMMISSION EXPIRES MARCH 30, 19--g i 4 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: appeal 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 should require fencing. I am not in agreement with your ction. You s ly, Ca 1 J. Schmid CARL J: SCHMID FISHERS ISLAND, NEW YORK 06390 �- ' rul I�/"" 2�'7 i Z' x�� "J (�� ice;� �� ►,��, � ��:��c� �.,�-� CL�ec PA�_-. 7..�� /l VV P�{/�VW� mil. •--�. - /�•V�Z �Q. �i,it}VM- n.1L�r�� It ,/��L�1 �• J�SLzi,ti-C.Q��'C�l%� �7��'—�..J.� \..�� Qt';�ac� - - Cj^,L42A-1� Ck 4w f� U '�,•�� !�i.�V..�\ ��(„�� W Vim- ��f3-Z� �`�"� "O.Z�6 a. - - for\ �/r c Schmid THE CHAIRMAN: Previous to this application, on September 1st the Building Inspector wrote to Carl J. Schmid as follows: (The Chairman read the Building Inspector' s letter, ) and Mr. Schmid' s reply. ; The Chairman 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 to6k 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 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 theLhouse? 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 citizens 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 DOYF�T, JR. : It's true, if a kid falls in how can you justify it. 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 pool 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 -"eke-Beamed-f 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 reducet9 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 note.>produce . . . . . . . . DENIED y • . - TOWN CLERK 765-3783 Building Dept. Board of A Planning Bd. 765 2660 Appeals TOWN OF SOUTHOLD Q • O� TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11.971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m, the . . . . .Board .of. AppaAl:s. . . . . . . . . . . . . of the town of. . . SOLitho.ld. . . . . . . . . . . . ... . . . (agency involved) - hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Carl J. Schmid ................ Amendment to the zoning ordinance Fishers Island, NY ................ Zoning changes ................ Special permits ................. Variances Location of affected land: ...Black... ......................... 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 Board 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. ................................ �F GLAr�® N C� JUDITH T.TERRY �� TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 September 15, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Re: Application of Carl J. Schmid for a variance-appeal no. 2338 I have on file in my office notification by certified mail to: 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 dith T. Terry Town Clerk JTT/bn cc:file fl. iw r . CART. J. SCHMID . xocxccogxm>vxicccEx; wAx Fishers Island ,�at>s�saaSxvxoobxac New York 06390 August 27, 1977 nt � Town of. Southold , Building Department ;:� fff777 Town Clerk ' s Office ` Southold, NY 11.971 Attn: Building Inspector ''" Dear Sir: I am in receipt .of the Section 100-30 of the zoning code for Suffolk County as requested, with your own comments as to certain- latitudes in com- . plying with this ordinance. Its 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 fence would add little or 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 thing 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 z. ' -mply with Ordinance property would - 100 it would appear to me that the proper closure to the the limited access to our fen same protection as a �eeifyerectedpr and woulddwithout 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, � 7 CJS% a Seat 1 1977 la, for.for, ' 1.Pt u.f 7th. v �I'7_c$iCG o- li?.:11!t?.s'L j' 'i 2'Ui,: trio) 'Town ordinarc%s• Iasi - ' c`!.Kt Q _'1'` != dorie JV t:ic .%,oning' Board of Appeals, Or as a cond.i*ion apbrovod ' by a Justice atftcs:, a case proceding, b hile i -aw'1 sympathetic to your-.reasoning, I must insist that tho pool be properly Fenced Oil that you have proper relief' . <,-r d of ,)j,, •.!S. H „Q1-1.ci? ;gin r c lF;hbox7 :L'u: ws -wh:i ch mtst be mailed. to your adjoining neighbors 'by' certified mail, get postal certification_ `he o t of is n6l al`aci it to-the back of a duplicate notice with neighbors names and adresses' iFrho were so notified. Also enclosed, is- an r, rin I icate , .U Ili s must be filled in front and back - all . socti,ic.lsi and su��ittau wl h the duplicate: of notice and 4y .1 `�..';{} .J,< c i:,r, '�r',c iotwr. C1_�.:j k. h:.I_so enclosed please find application forms .;:or fence . per -.it (x°4;�-ou1'ar uilcl�ng 'DGj � t. forms) c_- :rich ;you car. n1,:< :::. C.`'? �.t�" >;� -a survey of your .proper-t'y .a_ndicat;r_g UThel-e your .L,dwel ing .-..:i:z pool ' ara located and any, points- tr-at you trzi�i�, wo�il� suf:f:� ':e for secu.r.i_ty. Maoulr: iv"tl. '; .s'_i -to L-,iako arn a,)peal to- t; � `a. li.ri�° ;lC,ard of Appeals, you nay use the date ��f r czJ ;c(Ir of. .7 O'1at i.i_��. -VRhich you have at hat-Ld' an] ::ot ,a--, CIf your 'CIS. SOON Uf,ou'..3 i;1*111 y Sr. Building Inspector: C.C. 13d _Appcals, ..& F. Doyan r, ��ih► , � - �dw. .fir� '�..�. .. -'i7C r,�h. - .1y k�,, �. .* � t T� "� _ � � ... r i� ,•..-r ,, .�-: �\ - �- ,. , , — 4s �� BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Carl J. Schmid to the Board of Appeals,of the Town of Southold TO: �� 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: 11ari anra to RPcti on 2A of 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: 7 acres with dwelling and swimming pool thereon, designated on South- hold tax map as District .1000, Sect. 011, Block 1, Lot #5 3. That the property which is the subject of such Petition is located in the following zoning.district: Southhold Tax Mao 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 property area fencing requirements- Sect ion 2A of zoning code 100-35 5. That the provisions of the Southold Town Zonin Code appplicable to the relief sought by the under- signed are: Southhold zoning code 100-35 Secion 2A fencing swimming poo�s 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 Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that.ou or your representative have the right to appear and be heard at such hearing. Dated: September 10, 1977 Petitioner a 1 J. Schmid Post Office,A ress cal P.O. Box FL' hers Island.,.i N.Y. 06390 PROOF OF MAILING OF NOTICE NAME. ADDRESS 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 St. New York, N.Y. 10004 STATE OF NEW YORK ) ss.• COUNTY OF SUFFOLK) Carl J. _Schmid , residing at .Fishers Island, N.Y. 06390 being duly sworn, deposes and says that on the day of September , 19 717 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are t ddresses of said persons as shown on the current assessment roll of the Town of Southold;that said Noti es w re mailed at the United States Post Of- fice at Fishers Island, N.Y. 06390 ;that said N tices ere mailed to each of said persons by -(eFied) (registered) mail. 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