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HomeMy WebLinkAbout25296-zFORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25296 Z Date OCTOBER 29, 1998 Permission is hereby granted to: DALE W & JOANN L MAYNARD APT 10G NEW YORK~NY 10010 for : ERECTION OF A 30" SPLIT RAIL FENCE AS APPLIED FOR. at premises located at County Tax Map No. 473889 Section 081 pursuant to application dated SEPTEMBER Building Inspector. 4565 PARADISE POINT RD SOUTHOLD Block 0001 Lot No. 013.001 15 98 and approved by the Fee $ 35.00 Building Inspector ~ COPY Rev. 2/19/98 V~c~ J. ZUPA December 17, 1998 Gregory Yakaboski, Esq. Town of Southold Building Department Town Hall Southold, NY 11971 Ret ' Dear Mr. Yakaboski: I enjoyed talking with you on Monday. Pursuant to your request, I enclose my letter of request to, and the grant of permission from, the Paradise Point Association that owns a 50 foot right of way parallel to my property to erect a fence no closer than 6 feet' from Paradise Point and Basin Roads. The grant of permission insured that if the fence varied from the property line onto the Association's right of way that they consented. A separate agreement given by me to the Association assures the Association that to the extent the fence is on Association property, neither my successors nor I would assert prescriptive rights in Association property. The Association has expressed their satisfaction and confirmed their consent to the fence as built. Let me know if you have any further questions. Ed Curcuru, Paradise Point Association Gus Criblez, " " Steve Gottlieb, " " TOWN ATTORNEY'S OF'FiCE TOWN OF SOU~OL~.~J Ha r ryGottlieb&Co. Inc. NORMAN FRIEDMAN, Financial Services MILLER BROKERAGE ASSOCIATES KRUDMAN & KRUGMAN, INC. DONALD KREGSMAN AGENCY INSURANCE BROKERS 50 carnation Ave. Floral Park, New York 11001-1795 (516) ~37-9700 FAX # (516) 488-507'i October 16, 1998 Mr. Victor J. Zupa Attorney At Law Box 1543, Paradise Point Southold, NY 11971 Re: Xour Letter of 10/lZ/98 Regarding Installation of Split Rail Fence Dear Vic: At your convenience kindly proceed with the installation. As Chairman of the Building Committee for the Paradise Point Association I see absolutely no problem. In fact, as a personal observation I think it will be an aesthetic enhancement. Finall welcon Cordi. Chairl SG:jc I, since we haven't had a chance to formally meet, let me say . and we look forward to meeting. .ly, ~ttlieb aah Building Committee of Paradise Point Association INSURANCE - SINCE 1933 affiliates: North Union Brokerage Co. / Tynberg Associates / Lester Tracoy, Ins. VICTOR J. ZUPA ATTORNEY AT LAW BOX 1543, PARADISE POINT SOUTHOLD. NEW YORK 11971 October 12, 1998 Mr. Stephen Gottlieb Forest Drive Sands Point, NY 11050 Dear Steve: As you know my wife and I purchased the Maynard residence in July. We plan to landscape that portion of our property, which forms a comer and is bordered by Paradise Point Road (formerly Robinson Road) and Basin Road. The landscape will be done in a "natural" style with rhododendron, firs, spruces, and pines and flowers to the extent they survive the deer. No healthy trees wilt be removed. As part of the landscape plan, we would like to install a split rail locust fence along this comer. The fence would consist of two rails, would be three feet high and would be identical to existing split rail fences in Paradise Point. I have observed that other split rail fences installed on Paradise Point are within two or three feet of the road. However, I would propose that our fence run along our property line but in no event would it be closer than six feet from either Paradise Point or Basin Roads. From an aesthetic and practical point this would be most effective. I enclose a drawing showing the location of our proposed fence, and ask for your approval as Chairman of the building committee of the Paradise Point Association. Of course, I have applied to the Town of Southold for a permit to erect this fence. My wife and I look forward to meeting you. VICTOR J. ZUPA 719 WEED STREET NEW CANAAN, CONNECTICUT 06840 Admitted: New York, District of Columbia, Connecticut, Maryland November 17, 1998 EP~, , TELEPHONE Facsimile and Regular Mail Gary Fish, Building Inspector~, Building Department Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Peter A. Cooper Complaint as to Dear Mr. Fish: This is in response to your letter of November 13, 1998, and in furtherance of our telephone conversation yesterday. First, thank you for faxing a copy of the survey submitted with the application for a permit to erect a cedar fence at the premises known as 365 Basin Road. As I mentioned I failed to copy it and did not receive a copy with the permit.. The hand drawn line on the survey with the hash marks was intended to indicate that the fence was to be erected a few feet offthe as-built macadam road. At the time I drew this, I believed that the depiction of"Robinson Road" on the survey was the as-built road rather than just the legal right of way; both are owned by the Paradise Point Association (the "Association"). I believe this is a fair and reasonable interpretation by anyone who looks at the survey. The subdivision maps of Paradise Point similarly depict Robinson Road, as does the metes and bounds description of the property which refers to "Robinson Road" rather than a "right of way." While actual land measurements would indicate that the depiction of "Robinson Road" on the survey is in fact a representation of the Association's legal right of way, the free hand drawn line that I made on the survey at the Building Department was certainly not contemplated by the Building Department or me to have the precision now urged by the complainant. In fact, the hand drawn line does not extend to the driveway as the fence as erected does though this was approved by the Building Department a couple of days before the permit was issued; approval was obtained for this when I changed the length of the fence on the application from 300 to 400 feet, although I was not asked to, nor did I, extend the hand drawn line on the survey. When a level of detail was asked for which pertained to a requirement that the. fence have a maximmn height of 30 inches within 30 feet of the comer, I was asked to indicate this on the application by changing "36" to "30". Again, I was not asked t9 make any notation on the survey, and it was understood between the building inspector and myself that this height was only applicable at the comers and not to the entire fence. As I mentioned to you over the phone, my letter and diagram to the Chairman of the Building Committee of the Association (copy enclosed) clearly expressed my intent to request permission to erect a fence a few feet offthe Association's as built road and not offthe Association's legal right of way. The Association approved the plan as presented in my letter and as depicted on my diagram (a copy of the approval letter is enclosed). In short, while the fence may be on a portion of property of another private landowner, I have the permission of that landowner. Additionally, the Association through its two executives and the chairman of the Building Committee has approved the fence as built. The final distances of the fence from the as built road was determined after discussion with the President of the Association, and after review and approval by the Chairman of the Building Committee of the Association; physical limitations of the land, safety, offmad parking and aesthetic factors were considered. The fence as erected follows the contours of the !and and avoids the remo'~a! of ~x~y tress. ~ts' distance from the as built road varies from a minimum of 6 feet to 20 feet. In summary, I have permission from the owner of the right of way, the Association. The hand drawn line on the survey was never considered a representation as to the exact location from the Association's legal right of way on which anyone relied, and there was no intent to mislead. Thus, any characterization of the free hand drawn line on the survey as a "misrepresentation" which legally as well as in common usage means an intent to deceive, is clearly reckless, if not defamatory; and, I intend to take action on any such statements made. 2 My wife and I acquired this property in July after it had remained vacant for several years. The comer on which the fence was erected had become a parking lot for tracks and had been littered with debris. The two-rail cedar fence and the extensive plantings that have been made were intended to eliminate this. I certainly endeavored to comply with all Town requirements by applying for a permit. When informed of the 30-inch requirement, I reduced the height of the fence at the comer. Furthermore, I applied for approval to erect the fence in the first instance by letter to the Association who owns the road and oversees the restrictive covenants and roles governing Paradise'Point, the commmfitySn wh!ch i live. i respect the Building Department's interest in the safety and aesthetic qualities of the fence, and believe I have complied with and responded, fully to those interests. Sincerely, Ccs: Gaston Criblez, Paradise Point Association Edmond H. Curcum, President, Paradise Point Association Stephen Gottlieb, Chairman, Building Committee, Paradise Point Association Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD December 14, 1998 Mr. Victor Zupa P O Box 1543 Paradise Point Southold NY 11971 Dear Mr. Zupa: Please be advised BP#25296Z issued to you for your fence was issued on the premise the fence would be located on your property. See the highlighted portions of the attached Building Permit application. If the fence is not moved on to your property we will revoke your permit according to section 45-12 of the Southold Town Zoning Code. If you wish the fence to remain where it is, have the appropriate owner of the property apply for a permit through this office. Sincerely, Director of Code Enforcement Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD November 13, 1998 Victor Zupa 4565 Paradise Point Road Southold NY 11971 Re:1000-81-1-13.1 Building Permit #25296Z Dear Mr. Zupa: In response to a recent complaint regarding the newly erected fence an inspection was conducted at the above referenced property. It appears that portions of the fence are in the right of way. In order to resolve this matter a current survey is required to show the accurate location of the fencing. Thank you for your anticipated cooperation. R~/s p ~e t fu~y~, B uil'di~fig Inspector PETER A. COOPER 4800 PAI~kDISE POINT I~OAD SOUTHOLD, NEWYORK 11971 December 4, 1998 Mr. Gary Fish Southold Town Building Dept. 53095 Main Road Southold, NY 1197t Re: Victor J. Zupa Fence Permit No. 25296Z Dear Mr. Fish: My name is Peter A. Cooper, and I live across the street from Mr. Zupa. He has erected a split rail fence under this permit, but he has located it a substantial distance beyond his property line. For example, the survey filed with the application shows the property line parallel to and 13 feet distant from the fence around the tennis court. The new fence is 16'-6" from the southerly end of the tennis court fence and 28'-0" from the northerly end. There seems to be some uncertainty about the position of Paradise Point Association, Inc. in this matter. As required by the covenants and restrictions contained in his title, Mr. Zupa asked the Building Committee of the Association for its approval of this fence. Specifically, his request stated that the fence would "run along our property line but in no event would it be closer than six feet from either Paradise Point or Basin Roads." A copy of the correspondence approving the fence is attached. This location on the property line is consistent with what Mr. Zupa previously told the President of the Association and what I was told by the contractor who measured the job. Even if the Association wished to approve a location beyond the property line, it doesn't have the power to do so. The deed to my property contains a right of way over Robinson Road (now Paradise Point Road), as follows: "Together with a right of way over said 50 foot private read from the northerly corner of the premises in a general southwesterly direction corner of the premises in a general southwesterly direction about 1825 feet to the northerly end of Paradise Point Road." This provision was included in the first deed to my lot when the Point was subdivided after World War II, and it is in the deeds of virtually all other lots in the development. The Association obtained title to the roads from the developers only about ten years ago, and the title was subject to the prior rights of way. The Association couldn't give away any of those property rights without the express approval of all the holders of the rights of way, which none of them have given. I can provide copies of all these deeds if you wish, but I didn't want to burden your file with them unless if was necessary to do so in order to support a decision to require that the fence be moved back to the location for which it was permitted. ,~pe~tfu~ ryGotflieb&Co.lnc. NORMAN FRIEDMAN, Financial Semites MILLER BROKERAGE ASSOCIATES KRUGMAN & KRUGMAN, INC. DONALD KREGSMAN AGENCY INSURANCE BROKE~ 50 Carnation Al Floral Park, New York 11001-17 (516) 437-97 FAX # (516) 488-50 October 16, 1998 Mr. Victor J. Zupa Attorney At Law Box 1543, Paradise Point Southold, NY 11971 Re: ~o%~r Letter of 10/12/98 Regarding Installation of Split Rail Fence Dear Vic: At your convenience kindly proceed with the installation. As Chairman of the Building Committee for the Paradise Point Association I see absolutely no problem. In fact, as a personal observation I think it will be an aesthetic enhancement. Finally, since we haven't had a chance to formally meet, let me say welcome and we look forward to meeting. Cordially, Steve Gottlieb Chairman Building Committee of Paradise Point Association SG:jc INSURANCE - SINCE 1933 VICTOR J. ZUPA ATTORNEY AT LAW 719 WEED STREET NEW CANAAN, CONNECTICUT 0684(~ Admitted: New York, District of Columbla, Connecticut, Maryland TOWN OF ~OUI'~O[~NE 203-966-3430 December 13, 1998 Gary Fish, Building Inspector Building Department Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Peter A. Cooper Complaint dated 11/9/98 Dear Mr. Fish: Please note the .following additional points with respect to my letter to you dated November 17, 1998~ your letter of November t3, 1998 and the Complaint Report dated November 9, 1998. Mr. Cooper complaint erroneously states that he has a "50' right of way in front of my home which is granted to me in my deed." I enclose a copy of Mr. Cooper's deed and make the following observations: 1. The deed grants him a "right of way over a 50 foot private road" ~ a 50 foot right of way; 2. The right of way is over the road "as constructed" i.e. the as-built macadam roa& and 3. The right of way is only for ingress and egress to his house mad not for other uses such as the parking of vehicles. Please let me know if you need anything further from me. rely, Ccs: · ' Gaston Criblez, Paradise Point As'sociatiori - · ' ~ ~ Edmond H. Curcuru, President, Par,adise Point Association ' - · Stephen Gottlieb, Chairman, Building Committee, Paradise Point Association A~ that certain plot, piece or parcel of lahd, 'situate,' lying ~nd being ~t Paradise Point in Bayview near the Village~ of,Soutbold, Town of Sou~hold~ Count~ of Suffolk and State., ' Of ' NeWr York, more *' ~l~larly ~unded and described as follows:. '.(. :~.%:".*'*.~ ....... . . ] '.' ~X~ at a mon~ent ',n the Southeasterly line of.8.5 foot private r~ road, ~o~ as Robinso~ Road', leading from Paradise Point Road, said ~[nt of b~inning being about 1700 feet in~ a ~eneral Northeasterly '. dir~icn along said road from said Paradis~~ Point<,. Road,' and said, ~int of ~ginning ~ing th~ Northerly corner~, of* land,no~ or fo~erly/ R~G ~CE North 52 degrees 22 minutes 50 seconds East along, said' Sou~easterly line*of Robinson Road, 125.00 fe~t. ~O a'. mon~ent at .land ~ South 44 degrees 12. minutes 00 ~ec~'*'%:;E~St. ' along last-' ~ntioned land and passing through a mon~ent',~ 2i5.00~.feet, ~ ~, to the ordina~ nigh water, mark of Peconic Bay:%.?,-' ~ Soutnwesteriy along the ordina~ 4.ma?k -.of Peconic Bay, o~ a tie-llne course and ~istance of South/,.: 19 minutes* ~0 seconds West, 125.01 feet to land now or ~ No~h 4~ de~rees 00 minutes 00.~ lastr mentioned land and passing through a monument' .'.feet, ~' ~& to the Southeasterly side of-Robinson Road [".the point or ~Ex~ from the No~erly a about*1825 feet to the Northerly end, Of ' if an~, T~E~R NI~ 'all the right, title and in"':~ ,*~..~>.... ,~.~ ,.. of, i~' and to the lands under the' water~ ~ 19]~g~;.~,.~,~.frg~t.' of, and TO~ETHER WITH a. ' hereinbefore mentioned, on the.entire?.. -owned~ by the sellers' predecessor in t.i.tle~ a p.o.rt.~on Lo,f whi(h ';~e~p~i~s~.the premises hereinbefore described, whlc~ =rac~ ~s known l~S ~.pa~adise Point in said ,~ ~d ~ 0r rights o~ way~ either now la~d.*0u~:;~no~u~*%n~.~ ~--~'*--~r-- - . · - ~, ~ BEIN~ and INTP. NDED-" TO B~ the same premises; cur~'~nt y Pu~cwn a~ 4S00 Paradise Point Road, .conveyed to Joseph W. Guid~..and Jacq~eline Guido) his wife, by deed dated October 26, 1984,' and<recorded:in .the office . ,..,/ :.,"'~: : ...... :.. ,... "'.?. ~ ~ NEW yO~qK. COONTY OF /~ p . r ~lly ~,~. Joseph W. ~, ~uid'o a~ ~ ,.. ~%. : /?: Jacqueline Guido ' ' ,~; ?. ...... '~ ~ ~ i~1 ~ ~ M cotpufltlo"~' thlt the ~eal e , ~'~g~ h '.% ~m ~O ~ like'~er. 7t9 WEED STREET, NEW CANAAN CT 08840 TEL 203 g§6-3430 FAX 203 966-1724 vzupa~concentric,net · re: Ga,~ Fish ;:mm: VicZupa Fax~ . 516 7~;5~1823 Pa~l~ 7 .P~: 5t6765~ I'~o~ ~ 1~117/98 Re~ Building Pe~it x.U~geltt ' [~' Far ~i~w I~ Pl~a~e ~4)mm~tt [~ please Please's~e attached.. Admittadl,New ~ork. District of Cohtmbif~, Novembe~ 17, 1998 yja..Fa~tmi'lo and Regular Mail Gary. Fish, t~uilding Inspector Buildingt)epaviment ' ' Town of Southold Town Hall, .53095 Main Road P,O. Box 1 i'79 Southold, NY 11971 R~: PeterI A. Cooper Com?laint as to Dear rMr. t~ish: Tiffs. ii i.n. response'to your letter of November 13; 1998, and in furttgr~nc¢ of our t~i~pl~on¢ COnversation yesterday. First, tilank y~u for faxing a copy ofthe'gUrvey ' submitted with thc application for a p~rnR th' erec~ a cedar iimce at the premi'ses, knovn/ as 363 Basin Road. As I mentioned I failed to copy it and did not r~ceive ii Copy ~Vith:the permit.. ' ' . The hatld draw~ line on the survey wifll the hash. marks was il!l~nd~d: ~o indicate that the fence was to be erected a few feet offthe a,~-built.m~cadara ~oad, At the ~ne I drew 'ti'lis. I believed that the depiction of "Robinson Road" on.the s~rvey.was. [h~ as,built roadratho~ than just the legal right of way; betb are own~ by tM Para&se.Point ' Associali0n (the "As,~ociation"). I believe this ii a fair arid reasonable.interPreiati0n'by anyone v~h0 ' ' ....... ' " looks at the stlrvey. The subdivision maps of Paradise Polr~l. Slmllarly depict. Robinson .Road; as does thc metes and bounds deseription of the property.which refers io · .Robins0~t,Road" rather than ~ "right ofw~y," ' .. while ~ctual land measur.em~nt~ would indicate that thc'depiction of "Robinson ' ROM" on the survey is in fact a represantation of the Association's legs! right of way. the · free hand draw~ line that I ma~0 on the survey at thc B~ilding Department ~as certainly ~ot contempla(ed by the Building Department or mc to have the precision now urged bY the complainant. In fact, the'hand dl'awn line dogs not extend to the driveway as. the fence as erected:doe.sthough this was approve, by the BaildingDepamn~nt a couple o[days ' before thc'permit was issued; approval W~s obtained for this when I changed the l~ng~ of the fenc~ ~ from 300 to 400'feet. although I was not asked'to, nor did I. extend the hand drawn line on the survey. When a levelofdetail was asked for'which ., pertained lo a requirement that thc fence have,a maximum height of 30 inches Within 30.' feet of~e co,er. I was asked to indicate'fl~.is on the ~plication by changing "36" to "30". A~a~0~ I was not asked tO make any not~tion on the survey, and it was V,~dcrstood between ~he building inspector and my.seW, that this heigh~'was only applicabi~ at ae comers and not to the entire fence. As I mentioned to you over the phone,.my lett~ and diagram to the .Chairman. the Building Coramitiee of the Association' (copy.enclosed) clearly expressc~l my intent to request permission to erect a fence a few feet offthe AssociatiOn's a~ built ~'oad ~d not offthe Association's legal right of way. The Association approved'the plan as prescnted.ir~ my letter and as depicted on my diagram (a copy of thc approval letter is . 'enclosed), In short, while tho fence may bg On ~ portion of property of another.private landowner, I have the permission of that landowner. Additionally, the Associ~ion · througlx its two executives and the ~hairman of the Building Committee h~,a~p~o'ved'th~ fence, as bu{ll: The final distances of the fence from the as built roadwas detennlned a~er discnssio~ with ~ Presider of ~e Ass~iafion, ~d ~ ~view ~d ~prov~. by the ~ety, off r0~ p~g ~d ~s~efic f~rs we~ considered. Th~ fcn~e ~. ~' . follows ~ centers of~e l~d ~d avoi~.~ r~.ovai of~y ~ees. I~ disUSe fr6m ~ ~ built ro~d v~ from a mi~ of 6 feet to 20 f~t, ' ... ,In. summary, I have p~mission from the'owner of thc right of way, thc ' Association. The hand drawn line ou the ~urvey' Was never considered a representation ~ io the cxaC~.'lo~tion from thc A~sociation's legal right Of way on which anyor/e relied? and, there ~vas no intent to mislead~ Thus, any chatactefiza~on, of thc free hantl'.drawn linc on th0'survcy as a "misrepresentation'~ which .legally as well as in common u~ag~ m~ans an intent'to dec,ire, is. clearly r~kleSS, if.not defamatory; and, I intend to take ~t~on on ~ any such siatements made. .My wife and I acquired this property in July,'affter it'ha~t remained va~ant.,for ' several years.' The come~ on which the fencewas erected'had become a.l~afldhg'lot for ' tracks ~d had'been littered with debris. The'two-rail cedar fence and the ~ienZiVe planth~g.that have be~n made were intended'to eliminate this. . . . ! ~ertainlf endeavored'to compiy with. all Toval requirements by eppiyint for a ,' permit. W~en hiformed of the 30-inch zequffement, I reduc~l the height of tlC.fence a[ .the ~omer, Ftutherrnorc, I applied for appWvai:t0 ere6t the f~¢e in the fi~siifistance'by ' letter to the: Association who owns the ro'~ut ~ ~ve~seesthe, rest~ictiVe c~vei~lmal~;and ' rules go~eming Paradise Point, the commun/ty/riwl~ich I live. I rcspC'Ct the' Bui{ding .: Dcpanmcut'.s interest/n thc safety and '~c$1tietic qualities of thc fence, and:believe 1~ liave complied.with and rcspond~d~fully to. those interests.. Siaeerely, Cee: ' Oaston Cr/blcz, Paradise Point AJssociation EdmondlH:,Curcum, President, Paradise Point Association .Stepll~',Gotfli'eb, Chairman, Buildinl/Committee, Paradise Point Assoclati~n VICTOR J. ZUPA October. 12, .1998 Mr. s:~eph~n.Goffiieb Fore~I Drive' Sands Point, lqY 11050 Dc~ s~e~¢; .. ATT0m~Y AT BOX 1543. P.~DISE POINT $OUTItOLD. NEW YORK 1197.1 As.'ybu know my wife and I pt~rchased Otc May/~ard residence in gui'y; We.plan to · landscape..that portion of om' property, which forms a comer and is bord~r.~..:by Paradim Point Rea3 (formerly RobinSon R. oa~l).'and Bain Road. The landscape will :b~ "natu(al}'.'~ryb: with irhodod~adroi~, 'fi~s, spruces, and.pines and flowers to tlle.:e;~teht"hhey survive the;al,el', No heathy lrees wi'llbe remov~l. As wou. ld like ta install a aplit mil locust fence along this comer. The fenge W~.U[d ~ol}si.qt :.of. .two rails~ would be three feet high aM.would be'identical' to existing sp)it rdl.: Yences. in Paradise .Point. " ~[.havc observed that other split rail fen~e* installed on Paradhe Point.are within t~o. qr iht'Ce.feet of the road. However, I would propose that our lent0 ruw:alel~g O~r property.lille but in no event ~ould kbe ~ilose~ ihan six t~et from either P~a/lise ~*ir~( or Basin Roadi.' From an'aesthetic and practical point thi~ would be most.effec~!Ve:. ' t er/close, adrawin§ showing the.16catkin"o! our proposed fence, a~d. ~k fOr your · '.apprgval"as Chairman of the building commi.ttee of the Paradise Poini Assbdatlon..Of: · course; Ihave applied to the Town 0f'Souflmld for alpennit MY wife and I look ,fora, aid to ~iceting y0ii.' HarryGottlieb&Co'lnc. NORMAN FRIEDMAN, Fi'nsncl~l Services MILLER ~ROKERAQE'A~8OCIATES KRUGMAN & KhUGMAN, lNG, DONALD KREGSMAN AG~[NCY October 16, 1998 iN%UR~NCE BROKER~ 50 Cernafion Ave, FIo~RI F~r~, Now ~ork 11001-17g;[ (516) 437-9700 FAX ~ {516} 488-5071 Mr. Victor J. Zupa Attorney At Law Box 1543, Paradise Point ............. Your Letter of 10/12/98 Regarding [nstallation of Split Rail Fence Dear Vic= At your ¢0nye~ience kindly proceed with the installatio~. · As Chairman of the' Building Committee for 'the P~radi~e Point Associ~tion I see .absolutely no problem. In fact, as a personal observati0n'I think it will be an a~stheti¢ enhancement. Finall welco~ Cordi Chair SG:jc h s~nce we 'haven't had'.a, chance an~ we look forward to'meeting. ly, ~o formally meet', let me say ~ottlieb Building Committee of 'Paradis~ Point Associae~on INSURANCE - $1NC~E 1933 afflliate~: North Union Brokerage. Co,./Tvnbev9 A~oolat®s I Lester Traoey, ins. COMPLAINT REPORT PHONE# "'3~$ * ~ ~ HOW RECEIVED, TEl,' MAIL__ LOCATION OF COMPLAINT DATE IN PERSON. ACTION TAKEN ~'~,~o'~ ~/--~t6~ ~.-.~'~-~-- FILE # (IF APPLICABLE). RE-INSP DATE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD December 14, 1998 Mr. Victor Zupa P O Box 1543 Paradise Point Southold NY 11971 Dear Mr. Zupa: Please be advised BP#25296Z issued to you for your fence was issued on the premise the fence would be located on your property. See the highlighted portions of the attached Building Permit application. If the fence is not moved on to your property we will revoke your permit according to Section 45-12 of the Southold Town Zoning Code. If you wish the fence to remain where it is, have the appropriate ' owner of the property apply for a permit through this office. Sincerely, Edward Forrester Director of Code Enforcement VICTOR J. ZUP^ NEW CANAAN, CONNECTICUT 06840 Admitted: New York, District of Columbia, Connecticut, Maryland November 16, 1998 Via Facsimile and Regular Mail Gary Fish, Building Inspector Building Department Town of Southold Elizabeth Neville Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Peter A. Cooper Complaint as to Permit # 25296Z Dear Madam and Sir: I am in receipt of a letter dated November 13, 1998 from Mr. Fish with respect to a written complaint as to a fence. Pursuant to Section 87 of the New York Public Officers law and the rules and regulations of the Town of Southold, I hereby request a copy of the letter of complaint of Mr. Cooper so that I can intelligently respond to Mr. Fish's letter. I will of course pay any copy costs. Sincerely, HarryGottlieb&Co. lnc. NORMAN FRIEDMAN, Financial Services MILLER RROKERAGE ASSOCIATES KRUGMAN & KRUGMAN, INC. DONALD KREGSMAN AGENCY INSURANCE BROKERS 50 Carnation Ave. F~orai Park, New York 11001-1795 (516) 437-9700 FAX # (516) 488-5071 October 16, 1998 Mr. Victor J. Zupa Attorney At Law Box 1543, Paradise Point Southold, NY 11971 Re: Your Letter of 10/12/98 Regarding Installation of Split Rail Fence Dear Vic: At your convenience kindly proceed with the installation. As Chairman of the Building Committee for the Paradise Point Association I see absolutely no problem. In fact, as a personal observation I think it will be an aesthetic enhancement. Finall' welcom Cordi Stew Chair SG:jc since we haven't had a chance to formally meet, and we look forward to meeting. ly, ~ottlieb Building Committee of Paradise Point Association let me say INSURANCE - SINCE 1933 affiliates: North Union Brokerage Co. / Tynberg Associates / Lester Tracey, Ins. VICTOR J. ZUPA ATTORNEY AT LAW BOX 1543, PARADISE POINT SOUTHOLD. NEW YORK 11971 (516) 765-6 ! 12 October 12, 1998 Mr. Stephen Gottlieb Forest Drive Sands Point, NY 11050 Dear Steve: As you know my wife and I pumhased the Maynard residence in July. We plan to landscape that portion of our property, which forms a comer and is bordered by Paradise Point Road (formerly Robinson Road) and Basin Road. The landscape will be done in a "natural" style with rhododendron, firs, spruces, and pines and flowers to the extent they survive the deer. No healthy trees will be remOVed. As part of the landscape plan, we would like to install a split rail locust fence along this comer. The fence would consist of two rails, would be three feet high and would be identical to existing split mil fences in Paradise Point. I have observed that other split rail fences installed on Paradise Point are within two or three feet of the road. However, I would propose that our fence mn along our property line but in no event would it be closer than six feet from either Paradise Point or Basin Roads. From an aesthetic and practical point this would be most effective. I enclose a drawing showing the location of our proposed fence, and ask for your approval as Chairman of the building committee of the Paradise Poin~ Association. Of course, i'have applied to the Town of Southotd for a permit to erect this fence. My wife and I look forward to meeting you. Sincerely, .................................................... * .......................... TRANSMISSION RESULT REPORT .................... (NOV 28 '98 12:14PM) ................. SOUTHOLD TOWN HALL 5t6 765 1823 .................................................................................................................. ~ .............................................................. (AUTO) ..................... DAT£ 'QTART REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES MO. NOV 28 12:13PM 12839661?24 88'45" OK S 01 009 E)ECM >)REDUCTIOH S)STAMDARD M)MEMORY C)COMFIDEMTIAL ~)BATCH D ) DETA l L $ ) TRANSFER F) FINE P) POLLIHG November 16;.1998 'Via Faesimi:L~u~gh~g~l~. :Gary Fish, Building Inspector Building Depaflment Toum of Southold Elizabah Neville Town Clerk Town Hall; '~3095 Main Roag P,O, Box 11179 Southold, N'Y 11971 Dear Maxima 'and Sir.: Re:' Peter A: Cooper Complaint az tO ?erm~ i ~a in receipt of a letter dated November'l 3, 1'998 ~?om Mr. Fish With respect to a wfitleu complaint as to a.f~co. Ptu~uant to'SeX!ion. $7 of the New ¥ork'PubliciOfficers law and tile niles alad.~egulations of the'Town ~f $outhold, I hereby reqt!~at a.eopy of ttxc, letter of cor~plaint of Mr. Cooper so {hat I can batvllig~ntly r~$pond to Mr. 'Fish's letter. I · will ofcourse~pay any copy costs. TOM OF SOUTHOLD BUILDING DEPARTHENT TOV~I HALL SOOTltOLD, Disapproved a/c ............................... · · SURVEY.. .................... . . CHECK ......................... SEPTIC FORH ................... NOTIFY: CALL, NAIL TO:.... ............... S~3 I 5 [[ APPLICATION FOR BUILDING PEILMIT . L ' i}~DG OtP[ I. ~ ~SSTRUCTIONS Date ................ ,19 .... 3 ~ts of pl~, ~ate plot pt~ to ~ale. ~ ~co~i~ to b. Plot pl~ ~ l~ti~ of lot ~ of ~ildi~s ~ ~s, ~latio~ip to Mjoini~ pr~s or ~lic s~r~cs or ~e~ ~ glvi~ a ~ail~ ~ripCi~ of layer of pro~r~ ~t ~ ~ ~ ~ di~ ~i~ is ~r~ of this a~li~i~. c. '~m ~ c~ by ~is a~lica~i~ my mc ~ ~ ~fore isle of ~ildi~ Pemit. d. ~ a~al of fids a~llca~i~, t~ ~ildi~ I~cCor~ ~ill is~ a ~ildiug Pe~ to the ~pli~t. ~mi~ ~11 ~ ~pt ~ ~ ~s avail~le for i~i~ ~hr~C fl~e ~rk. e. ~ ~ildi~ ~11 ~ ~i~ or ~ in ~le or in ~r[ for ~y ~ ~a[~er ~il a ~r~ifica[e of ~ ~all ~e ~n ~ by ~ ~ildi~ I~tor. ~I~ IS ~ ~ to [~ ~ildi~ ~nt for ~e isle of a ~ildi~ Pe~t ~C to the ~ildi~ ~ ~i~ of ~ T~ of ~ld, ~ffolk ~, ~ Yo~, ~ o~er a~li~le ~s, ~i~es'or .~la~i~, for tim ~t~i~ of ~ildi~, ~iti~ or alterati~, or fo~ r~al or ~liti~, ~ ~ri~. ~ a~li~t ~s to ~ly ~ all a~li~le l~s, o~i~es, ~ildi~ ~, ~i~ c~e, ~ ~Tla~i~, ....... .............. (Si~t~e of ~l~t, ~, if a ~ratlon) ...... .... ......... ........... (~il~m ~esa of~li~t) State~m~ a~li~t is ~r, les~, ~ent, ~it~t, e~i~r, ~ral ~ntr~tor, el~trici~, pl~r or ~ild~ (~ ~ ~ r~ ~11 or lares[ ~) / A~D AS NMED ......................................................... ~~BY: ~il~rs Li~ ~ .......................... 1 ~~ - ~0 Pl~rs Li~ ~ .......................... ~ ~. ~ ~ ~UMBING ..................... 4. FINAl. - CONSvRUCTION MUST O~r ~ ~ s Li~ ~ ..................... ~ ~ ~R C.O. . . A~ ~RUCT~ON .SHALL 1. ~ci~ of 1~ ~ ~=~ ~ ~ mll ~ ~ .... : ................. ~'R~ME~ OF'T~' ~ .... 3-~:~,~.:..~/~ ~'~o .~ ~ .~: ~a.,~~. ...... ...................................... .... ............ .... (~) 2. S~ate ~i~i~ ~ ~ ~ of ~s ~ mte~ ~ ~ ~ ~f pro~ ~ ~=~ ~ ~ ~ ~>.~w ~::z...~ .... l~':~::.~ .............. b. ~ ~ ~ ................................................. 8o I1o 16o {5. N~ture o~ ~ork (d~ek ~hld~ appli cable): ~ Bdldi~ ....... ~iti~ ........ ~ffalterntlon .......... ~ir ............ ~1 ' I~1 iti~ ....... '..~ Otl~r ~ ~ripti~) ~ti,~t~ ~t ...//~ : ..... ' ....... ~ .......................... (to ~ ~id m filing this a~li~tlm) If &~11i~, ~r o~ ~11i~ nits ............ ~r of ~lling ~lts ~ ead~ fl~r ................ If ~rage~ ~r of ~ra .... ~ ............................... Di~nsims of ~sti~ st~m~, if a~: ~mt..~.~.~.~... ~ar ............... ~pth ................. l~i~t ~ ~r o~ Stories ... · · ~/6 ' Di~n~ima o~ ~ at~ ~t ~ alterattma or ~t~ona: ~t ................... ...... ~ar ~pth ............. ~i~ ............... ~r of Stories ......... ......... ~p~ ... thi~t ....... ~..~. ..... .. . . ~r o~ Stories ................ . , ... .......... ; .... ............... .............. ~s go~ mt~tlm violate a~ ~i~ 1~, o~i~e'm' ~la ...t~.r.- .......... ~ill lot ~ ~ ....... ~ ......... ~ill ~ss Jill ~ ~ :~ '~...~ ....... ~m~-~.~.g~ ...... , .......... ~ of ~it~ .................. ~ress ........................... M ~ .............. ......... B~ ~ ............... Nam~ of ~o~traetor . .~ ........ .~.(~. ..... fiddress ~ Is this property ~rlthin 300 feet of a tidal ~tland? * ~S .......... IxO .......... I~cate clearly and distinctly al fr~ Im~erty lines,., Oix~ street ahd x~eth~r interior or corer lot. PLOT DIAGRAH buildings, ~hether ~xisting or proposed, a~l it~tieate all set-back dimensiorts bl°ck ntmber or description according to deed, and aho~ street nmos ar~l indicate ~0tt ......... being duly s~m, delX~Ses ar~l ~ays tba~ be is tl~ applicm~t (Contractor, agent, gorporate of[leer, etc.) of .~.~d c~er or ox~ers, ami Is duly ~.tborxzed to ~rfom or h~ ~rfo~ ~e ~xd ~ m~ to ~ke a~ f~le tins a~hcati~g that all stat~nts cmtg[~ in this a~licati~ are that t~ turk vdl ~ ~rfo~ in tt~ mm~r ~t forth in ~e a~licatlm fil~ (Slgnamr~ of ^ppt~,a6t~/ ~'