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ZBA declines to modify 2016 determination for as‑built fence; board directs new public hearing
Summary
The board declined to act on a modification request for an as‑built fence at 29 Seaview Avenue (Montauk) that encroaches on a scenic easement and extends into the front yard; members directed the applicant to submit a full public hearing application and noted building/ARB review will also be required.
The Zoning Board of Appeals on July 7 declined to modify a 2016 determination to permit an as‑built metal/wire fence at 29 Seaview Avenue in Montauk and directed staff to notify the applicant that a new full public hearing application is required.
Board members said the fence encloses the entire parcel, runs along the scenic easement boundary and extends into the front yard where it exceeds six feet in height, which triggers building permit and Architectural Review Board (ARB) review. "It comes into the front yard area, which is what triggers that need for building permit and architectural review," a planner said. Members noted a certificate of occupancy issued in 2019 effectively closed the prior approval, so a modification is not appropriate.
Members discussed fence materials and wildlife permeability, observing that a post‑and‑rail fence would be less likely to impede wildlife movement than the existing metal mesh. The board agreed not to act administratively on the modification request and asked staff to send a letter instructing the applicant to submit a full application for public hearing review.
No vote on the fence itself was taken; the board’s action was procedural — to decline modification and require a new filing.
