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Home My WebLink About5897 103 uu4~ ~ f~~_~ ~~~ _u_-_uOJO;~ Cl.7~O ~~~~ I ~4f^- ..tJ .s- 'I q 7 f:;~ J~ l) /)l)- !) bj;P JP '4 Ai'PEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio. Jr. Michael A. Simon Leslie Kanes Weisman . http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 . Mailin~ Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex /First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED ~ ~ ~:4J.a..,.". ~.2 ~~211~ ~~ So.thold TOft CI.d FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2006 ZB File No. 58"17 - PAUL and CHERYL GOLD RAGUSA Property Location: 2700 Harbor Lane, Cutchogue CTM 103-1-20.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 91,568 square foot parcel has 63.43 feet along the west side of Harbor Lane, and variable dimensions 400.28 feet and 145.07 feet along the southerly lot line, 274.45 feel along the westerly rear lot line, 290 and 207.60 feet along the northerly property lines. The property is improved with a single-family dwelling and accessory garage, shown on the November 5, 1991 survey, amended December 2, 1992, prepared for Judith Hendrickson by Young & Young. BASIS OF APPLICATION: Zoning CodE! Section 100-231, based on the Building Inspector's February 28, 2006 Notice of Disapproval which states that "fences, walls or berms may be erected. Portions of the fence exceed the code height limitation of four feet as located along a front yard lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants' property has a newly constructed fence located in the front yard area. The fence is six feet in height, and is located in a front yard which is east of the dwelling and west of Harbor Lane. The distance of the fence was measured at 188.5 feet in length, confirmed by the applicant. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal Inspections, the Board makes the following findings: . Page 2 - June B, 2006 . ZB Ale No. 5J~7- P. and C. Ragusa CTM No. 103-1-20.8 . 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The fence Is existing and was built taller than the statutory four foot limitation along the front yard in error. The beginning of the six foot section is at least 100 feet from the closest point from the street (front lot line). The appllcents' lot Is a flag-shaped parcel which creates a deeper front yard than other shaped lots that are more commonly found throughout the Town). The applicants have submitted written documentation about complaints filed with the police department related to this request, regarding numerous disturbances (wood chipping activities close to the property line, numerous animals, horses, birds, dogs, sheep, and the like, In close proximity at adjacent property). 2. Grant of a variance for an additional two feet of fence height will provide a balance with a benefit to the applicant of Increased privacy and security, and providing a visual barrier to the property, while not having an adverse change In the character of the neighborhood or detriment to nearby properties. 3. The difficulty was self-created since the fence was constructed. 4. The relief granted is substantial, resulting in a height of the fence at six feet, instead of the code limitation of four feet along a front yard area. 5. No evidence has been submitted to suggest that a grant of the relief requested will have an adverse impact on the physical or environmental conditions in this residential community. The fence Is a barrier that will separate yards used for activities similar to a rear yard. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a fence at six feet in height, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-6, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to GRANT the variance, as applied for. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are nol authorized under this application when Involving nonconfonnlties under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed In this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (~ G..DDO, is). <!l~,,", Ruth D. Oliva, Chairwoman 9A%.-t.t06 Approved for Filing JAN HI '05 02:42PM SOUlIIIP BUILDING 531 755 9502 . /!AGO 5A- P.l \ ~iO,.J . /$ S~'I S...c.'T ,0 V '1 1- e.A. (;<\ 1- ~t~~ ~5'(L-tioN' " n (, r",l- , RECElvj~"t) MAY 2 6 2006 -#.of97 !~ " of >. , "'""'J '" Iii "i = ';I " " 0 ',," ~~ ,.; " ~ ~) .~ '2 ~ c~ . N C " "-.. 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'''n..." 1/11 "..,U .' our 'HALE " a'i~ ll:\n'l ::s\lli:l', NC'tV 6,1.1 I~~ 100' "1"(1)&1 ~ ~~~~:M~"~~~~~'" M &#liP...,." ~~V~'YO"''''t.!llJ~'''S~ NO IUU tofOlIdfl'D .w;"OvI<lC, 1..110 $U"'V~"OA M"t.llCOtlE ND""UI . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MAY 25. 2006: 11):25 A.M. PAUL and CHERYL RAGUSA #5897. Request for a Variance under Section 100-231, based on the building Inspector's February 28, 2006 Notice of Disapproval concerning fence construction in excess of the code's four ft. height limitation when located in the front yard, at 2'700 Harbor Lane, Cutchogue; CTM 103-1-20.8. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . . #7868 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for _-Lweeks, successively, com encing on the 11th day of Mav ,2006. Principal Clerk Sworn to before me this 2006 1'.2 dayof ~ ~Vo~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V061 05050 Qualified In Suffolk County Commission Expires February 28. 2008 {).J~T I I 1.L (~L-"-# "- ~ (Ip '17/b o{~) 5jtjbt pp. au'~ ,~ Notice of Disapproval concerning pro- posed additions/alterations to the exist- ing dwelling at less than 50 feet from the front yard lot line, at 570 Horseshoe Drive, Cutchogue; aM 95-4-18.20. 10:05 AM, KEVIN and VIRGINIA I COTION #5896. Request for Vari~ ances under Section 100-244, based on the Building Inspector's April 5, 2006 Notice of Disapproval concerning pro- posed additions/alterations to the exist- ing dwelling at less than 35 feet from the front and rear yard lot lines, less than 25 feet for combined (both sides required at 10 ft. and 15 ft. minimum), and with lot coverage in excess of the code's 20% limitation. Location of Property: 825 Dogwood Lane.~L M...l",.t CTM 54. 5-33. __ t 10:15 lEANINE O'RAGEN-MUR- PHY #5890. Request for Variances un- ~er: (a) Section l00-31A states that "no building or premises shall be erected or " altered which is arranged, intended or " designed to be used, in whole or in part, LEGAL NOTICE ' fot.any uses except ... (1) Orie-family PUBLiC HEARINGS . etached dwellings, not to exceed one SOUIHOLD TOWN ZONING dwelling on each lot; and (b) under BOARD OF APPEALS Section(s) 100-242/100-243 pertaining TIlURSDAY. MAY ZS 2006 to nonconforming setback and noncon- NOTICE IS HEREBY OiVEN,pur- forming ?umb~r of dw~l1ings on ~ lot. suant to Section 267 of the Town Law The applicant IS proposmg renovations! and Chapter 100 (Zoning), Code of the alteratio~ to the ~xisting dwelling, on Town of Southold, the following public a lot which contalOs more than one hearing will be held by the SOUTH. dwelling, and was disapproved by the OLD TOWN ZONING BOARD OF Building Inspector on April 20, 2006, APPEALS at the Town Hall, 53095 and amended Notice of Disapproval Main Road, P.O. Box 1179, Southold, issued May 9, 2006. Location of Prop- New York 11971-0959, on TIlURSDAY, - erty:. 4250 Breakwater Road, Mattituck; MAYZS,2006: CTM 106-9-1.1. 9:35 A.M. JAMES CURRAN #5795 10:25 A.M. PAUL and CHERYL _ Request for a Variance under Section RAGUSA #5897. Request for a Vari- 100-33, based on the Building Inspec- ance under Section 100-231, based on tor's July 28,2005 Notice of Disapproval the building Inspector's February 28, concerning the location of an as-built 2006 Notice of Disapproval concern- accessory shed-in a front yard, instead of ing fence construction in excess of the the code-required rear yard, at 680 Oak- code's four ft. height limitation when 10- wood Court (at Wood Drive, Lakeside cated in the front yard, at 2700 Harbor Drive),Southold; CTM 90-4-4. Lane, CUtchogue; CfM 103-1-20.8. 9:40. A.M. JAMES BISSETI III 10:35 A.M. ROMANEllI BROTH- #589.4. Request. for a Variance un~er ERS, LLC by John Romanelli, President ~ectIon l00-3,3A, based on the BUl~d. #5880. Request for a Special Exception 109 I~spectors March ~6, 2006 Nonce under Section 100-71B(3) to establish of DIsapproval concerDJJ?-g a new ho~se an Apartment use over the first floor barn proposed at a height exceedmg business office use in this RO Residen- the code limitation of 18 feet, at 55 Cox tial Office Zone District at 51750 Main Neck Road, Mattituck; CI'M .113'-7- Road Southold. CfM 63-6-4 19.23. '1<>:'40 A.M. ' RICHARD PERRY 9:45 A.M: STEPHANIE MIRI'!'EL- #5886. Request for a Variance under LO #5849.. Request for a Vanance Sections 100-30A.3 and 100-242 (Walz under Section 100-242A, based on the Interpretation #5039 rendered 112102) buil~ing Inspector's January ~,2~ based on the Building Inspector's Feb~ N~ttce of ~lsapproval, ~~cernmg as ruary 6, 2006 Notice of Disapproval butlt alterattons to an eXISting noncon- , d dd'ti' h' h . concernmg a propose a lon, w IC fonmng accessory, seasonal cottage con- -II. th d f f . . fl . WI mcrease e egree 0 noncon or- tammg 520+/- square feet of oar area. .ty hId I th 50 f IT The reasons stated for disapproval ar,e: ml w en ocate ,ess an eet ,om (1) that the existing seasonal accessory the front yard l~t line, at 830 CleaTVtew cottage was altered to include heat and Road, Southold, CfM 89-3-11.5. to convert a sunroom toa bedroom, . 10:50 RICHA~D and Sl!SAN which is not permitted under Section WARD #5~67. Request for V~nances 1oo-242A when alterations create a under Section 100-32 (ref. Sectlon 100- new nonconformance or increase in the 244 Bulk Schedule), based on the Build- degree of nonconformance; and (2) in~ .Inspector's July .5,2005 Notice of that Section 100-31A permits only one DlSapp~oval, am~~ded March 2,2006, single-family dwelling on a lot, and the fo~ -l~t SlZes an.d SIde yar~ setback of the as-built alterations create a year-round eXisting dwelhng resulting from a pro- accessory cottage. Location of Prop- posed change of lot lines (re-division erty: 3535 Cox Neck: Road, Mattituck; of existing Lots 1 and 2). Each lot will CfM 113-3-3.1. remain nonconforming with less than 10:00 A.M. LAWRENCE and ANN 80,000 square feet of land area and less EKSTER#5891. Request for a Vari- than 175 feet of lot width, and the side ance under Section 100-30A.3,basedon yard will be less than 20 feet from tHe the Building Inspector's April 11, 2006 existing dwelling from the revised lot WI ~ #, p ~ family dwelling, with new construction atless than the code-required 10 ft. min- imum sideyarp, and less than the code required minimum of 35 feet from both front yard lot lines, at 1160 Bailey Beach Road,Mattituck; CTM 99-3-11.19, 1:30 P.M. BENEDICf POLLIO #5889. Request for a Variance, based on the Building Department's April 4, 2006 Notice of Disapproval concern- ing an addition to an existing dwelling. The reason for disapproval is that Sec- tion l00-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except... (1) One-family detached dwellings,not to exceed one dwelling on each lot. The new conStruction is pro- posed on a lot which contains more than one dwelling. Location of Property: 445 KimogenorPoint Road, New Suffolk; CTM 117-10-1. 1:35 P.M. ARLENE and PETER MANOS #5891. Request for a Variance under Section l00-239.4A, based on the BUilding Department's March 28,2006 Notice of Disapproval, amended April 11, 2006; concerning a request to amend Building Permit #31S08-Z, after demol- ishing ,the dwelling and building a new dwelling. Demolition ot- the construc- tion was not requested by Applicant under Buil(ijng Permit No. 31508-Z and ZBA Variance #5730 (which was for a tWo-ft. pOrch exterision). The new dwelling will be located less than 100 feet from the top of the bluff or bank of the, Long Island Sound, at 2000 Sound Drive; Greenport; CTM 33-1-18. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Hies are available for review during regular business hours. If you have questions, please do not hesi- tate to contact our office (631) 765~1809, or linda.kowalski@town.southold.ny.us. Dated: May 9, 2006. WNING BOARD OF APPEALS RUTH D. OLIVA. CHAIRWOMAN By Unda Kowalski line. Location of Property: 4006 Old North Road, Southold; CfM 55.2-5.2 and 5.3. II:OO A.M. THOMAS PERILLO #5879_ Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/6/1979) and Variance under Sections 100-30A.3 and 100-244 (Bulk Sched- ule), based on the Building Inspector's December 12, 2005 Notice of Disap- proval. Applicant proposes to re-Iocate the access right-of-way from the west side to the east side of Lot 17.2, result- ing in the proposed change of lot line and new nonconforming front yard set~ back from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq. ft. parcel.. Mter the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CfM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CfM 17.1 will remain the same, except that the ownership of the 15ft. wide right-of-way will change. when relocated with 17.1 (instead of part of 17,2). Location of Property: 1410 Pe~ conic Bay Boulevard, Mattituck; CfM 145-2-17.2 and 17.1. 11:20 A.M. FISHERS ISLAND WINDSWEPT PROPERTIES, llC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article Ill, Section l00-31B,sub-section 13 of the Zoning Code to establish Ac. cessory Apartment, to establish an Ac- cessory Apartment in the existing dwell- ing located at 1877 Heathulie Avenue, Fishers Island; CTM 1()()()..9~11-9.3. 11:30 A.M. ANDREW LOWRY, MANAGING MEMBER/343 EAST 18TH SlREET #5860. Request for Variance under Section 100-244, based on the Building Inspector's March 23, 2006 amended Notice of Disapproval, concerning construction of a new dwell- ing at less than 40 feet from the front yard lot line (after demolishing the existing dwelling). (No alterations or changes to the nonconforming acces- sory cottage are proposed.) Location of Property: 115 East Side Avenue, Mattituck; CfM 99-3-19. 11:40 A.M; FRANCIS W. and NAN- CY DEEGAN #5892. Request forVari- ance under Sections 100-242 (Walz In- terpretation #5039 rendered 112i02) and 100~244 concerning aa'"ditions to the ex- isting dwelling, which will increase the degree of nonconformance when locat- ed less than 15 feet from the side yard lot line, at 500 North Drive, Mattituck; CTM 106-6-28.4. 1:15 P.M. SOTlRIOS KASSAPIDIS #5888. Request for Variances under Section 100-230 and 100-244, based on the Building Department's March 7, 2006 Notice. of Disapproval regarding a breezeway addition to an existing ga- rage, at less than 10 feet from the side property line (Building Permit #31420), and with the swimming pool construc- tion, all buildings and structures will exceed the 20% code limitation of lot coverage, at 3975 Breakwater Road, Mattituck; CIM Parcel106-3~8. 1:25 P.M. THOMAS and MARY FITZPATRICK . #5880. Request for Variances under Sections lDO-242A (Walz Interpretation '-#5039 dated 1/24/02) and 100-244, concerning pro- posed additions to the existing single- ~T 51Ll _ . FORM NO.3 -- 1((11 th NOTICE OF DISAPPROVAL TO: Cheryl & Paul Ragusa 2700 Harbor Lane Cutchogue, NY 11935 DATE: February 28,2006 Please take notice that your application dated February 23, 2006 For pennit to construct a fence at Location of property: 2700 Harbor Lane. Cutchogue. NY County Tax Map No. 1000 - Section 103 Block 1 Lot 20.8 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231. which states. "Fences. walls or berms mav be erected and maintained. subiect to the following height limitations: A. When located in the front yard of residential zones. the same shall not exceed four feet in height." Note to A~lplicant: Any change or deviation to the above referenced application, may require further review by the South old Town Building Department. CC: file, Z.B.A. ... .. For Office Use Only Date Assigned/Assignment No. ~ fVED PR 5 2006 0-17 NG SOAP-O OF APPEALS F..,: $ J f () Filed By: Dfl'ice NOltes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP Par,.el Location: House No.2700 Street Harbor Lane Hamlet Cutehogue SClrM fOOOSection 103 Block----L-Lot(s) 20.8LotSize2.1 aerZoneDistrict Tax Mapl/473889 103-1-20/8 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: February 28. 2006 OWI"er as Applicant: Paul Ragusa and Cheryl Gold-Ragusa Mailing Address: 2700 Harbor Lane, Cutehogue, New York Tel"phone: 631-734-5405 Fax: NOT:E: If applicant is not the owner, state if applicant is owner's attorney, agent, architect. builder, contract vendee, etc. Authorized Representative: Address: Tel"phone: Fax: Plea.se specify who you wish correspondence to be mailed to, from the above listed names: [I ApplicantJOwner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED February 23, 2006 FOR: o Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As~Built Construction o 6 fppt fence Oth",: Provision ofthe Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code, Article Section 100- Subsection lOO-;)?>! Type of Appeal. An Appeal is made for: o A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 2S0-A. D Interpretation of the Town Code, Article Section KbBeversal or Other A prior appeal 0 has ~as not been made with respect to this property UNDER Appeal No,__Year ". .. .. REASONS FOR APPEAL (additional sheets mav be used with annlicant's silmatnre): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detrimeut to nearby properties if granted, because: the fence is on a flag lot and is not vi.sible and is very far from Harbor Lane. It is actually behind the street neighbor's backyard. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: we are having a lopg term dispute with the neighbor at 2650 Harbor Lane that has involved numerous police reports including reports of harassment by said neighbor against us (see attached). (3) The amount of relief requested is uot substantial because: N/A (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditious in the neighborhood or district becanse: it is far off any roadway. (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND ~SE COMPLETE THEATfACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) // /0 Si ature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) /// /'/ 2I/~ .MMCE e. KROWI. ...,~~~... GuIIIlIIci In a..... ~ ~ flied In New York COIIIIlr · &pRe - ao. 2001 ,/ / **Additional information regarding surrounding topography and building areas that relate to the difficulty in meeting code requirements: Attached map of survey g. lot shoWipg'PD9PosEld fence'locatio~. and attached copies of pol~e reports detailing disputes with neighbor that necessitate six foot fence. .. .. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Paul Ragusa and Cheryl Gold-Ragusa Date Prepared: I. For Demolition of Existing Building Areas Please d"scribe areas being removed: N / A II. New Construction Areas (New Dwelling or New AdditionslExtensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach exna sheet if necessary) . Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: Fence on border VI. Please describe the land contours (flat, slope %, etc.) as exist and bow it relates to tbe difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 ~~." -~- - ~~~-=-="'-"-~ ~.~.=.. ~ ., /03-1-010.8 -"3. __ .. , , , ~- I SEE SEC. NO. 091 co. WAT~_ ,EE,EG.fll,G91 ,,~ ~ATcH --i!---- ~" 't.\" ~~ ~ . ~ , \. \ " o o o " Q ..,:-'l'!;l"t- ~ OJ 103- I CD 0.7 ~ I 3 "- ~ 1314-1- ~- .;1.0 / 13L.-I-dJ..o 13(,-01.-/ 1 ~ - I -1 j -1 I 1 I I I I I I I I :J I -, j I I I -I I I I I I I l E G E N ~ :--- i ., "I J i I I FllIlPCL.NlI. SEE SEC. NO. ~ 102-06-020.1__ ~ - -----r- - "mOO'!l --...m<- FORPCL.M:l. SEE SEC. NO. 110-01-002 -~--LINE (21) 110"." -- @ \ch",H"",,,'''''' ""DI,j,l<tll", ,,,,..lli.,,.,d"oo L1_.""~,tr,,. ......."'.rr.."~ -SC"- ,-- -w--- _"'t~"'~'L'r>e __"_ R."....DI"'~jll"" -">l- "'_"~Glo"""""" _.__ ___ ~.."o, 1I... -=... __ ........_"'...."',,"'" ,",U:S5 ." SCHOOl__ ,., uGHT ... OM""'-."'" DRuN .,TH,N , ,; <5 "" PROPERTIES TH~THER~~~i..OW::'~ DISTRICTS, SEWE" nh HyDRANT 'ATtR~_ ".U"__ .........,Ul ". ", ,~, "T~ ~""""'""" Doroto.c-.onO",", .......v'"""l"'l;". <""-,....... -.;z-- "-'>dl,','ool"'" """,;,;oollio,<.Il'1;Q.Ho _0-""""'00 s.rooo. "'-""'",~, _.lImlt """ht", TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfolt"k.netlSouthold/ BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: . t .. Jo PERMIT NO. ,20_ o Examined Approved Disapproved ale ,20_ Phone: Q/7-92..:z..-0s0'3 Expiration APPLICATION FOR BUILDING PERMIT Date ,20_ .,:.8 23 a. This application MUST be completely' illed in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee acco ding to schedule. b. Plot plljIl sho~ing location.6ftOf' buildings on premises, relationship to adjoining premises or public streets or areas, and waterways.---' c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inyns. I~ / " (Signature of applicant or name, if a cOlporation) INSTRUCTIONS ;; '700 H()<r~.A. LIlI>-" C-u+Ch o"} \Ie /11'1 (Mailing address of applicant) "/state whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder y )Wl'elL ame of owner of premises C- r.. er 1 I f (l A vL fLltrr V S f'r (As on the tax roll or latest deed) If applicant is a ,corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians Licmse No. Other Trade's License No. X Location ofland on which proposed work will be done: ;),'700 I+o.rl.o.-.. (!'IMi:!: House Number Street c.. ,..A-c .... 0 1// e- Hamlet VCounty Tax Map No.1 000 , Subdivision (Name) Section 103 Block / Filed Map No. Lot ~O. 6' Lot 2.. '. ,ate existing use and occupancy of premises and intended ul;e "and 'Occupancy of proposed construction: ~ a. Existing use and occupancy \4 0 /VI ~ b. Intended use and occupancy ~/Nature of work (check which applicable): New Building /' Repair Removal Demolition Addition Alteration Other Work F"I'cl!' (Description) 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO_ 13. Will lot be re-graded? YES _ NO_Will excess fill be removed from premises? YES_NO_ Phone No. Phone No Phone No. Address Address Address 14. Names of Owner of premises Name of Architect Name of Contractor 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _NO _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.e. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_NO_ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. ~ATE OF NEW YORK) C1~~ COUNTY OF ..:=::u . RCl.-fd\J5c" _ ~ being duly sworn, deposes and says that (s)he is the applicant (Name f individkl signing contract) above named, t)He is the Ow~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. 20~ / ( I e:....-. y Signature of Applicant Notary Public BARBA~A ANN RUDDeR Notary Pu;...., ['.':"1. of New York ;.:, ",',.-::.;,1"5 Qom~~~~:~~; b;;;~:~p~m~ 0 Karl G. Spielmann 2650 Harbor Lane Cutchogue, New York 11935 ~v791 _ ' ~ j. \l j\V ~\~ I 1\ o (j. (-'):-- ~ \/ 5/24/06 Southold Town Zoning Board of Appeals Southold, New York . . ~; 4r"v Dl:ar Sir or Madam, TIle purpose of this letter is to express our opposition to the application, (#5897) Map# 103-1-20.8, for a variance in the height ofa fence. Of concern is the placement of this fence in violation of Town code and the resultant impact it has had on the following conditions.' 1. The fence placement has obscured from view a portion of our property located on the southeast comer of our lot. This condition has created an unsafe condition for our children, preventing the viewing of their activities from our own property. See attached photograph 1. 1 do not believe this is an acceptable condition within Southold Town; where a property owner is prevented from viewing their own property due the actions of another property owner. 2. The eastern most part of the fence has further obscured the natural landscaping that was present before this fence was installed in violation of Town Code. See attached photo 2. The fence was placed in such a manner as to prevent viewing of the East Creek area and the wildlife that inhabit the creek and appears to serve no legitimate purpose. 3. The placement of a six-foot high stockade fence is out of character for the area in which we live, no other property owner within the Harbor Lane area has constructed such a fence in the front yard area of their property. Photo 3 4, The installation of the fence to a height of six-feet necessitated the damaging of our trees bordering the property, removal of branches to such a height has caused irreparable damage to several; a complaint that has been lodged with the Southold Town Code Enforcement Officer. 5. The placement of such a structure in its location substantially changes the character and natural appearance of my property. The stark contrast created by a solid wall and its impact on the landscaping scheme will have a detrimental effect on property values. 6. The required notification procedures for the application have not been followed. No notice was posted before the required 7 days prior to the public hearing, nor was any certified mail notification received before the required 7 days. . . , The disapproval of this application will restore the safe and esthetically pleasing environment that existed before the erection of the fence. SI..n.cereIY,. IJ.l '-l .p/, # / ~--./ > A/ ~'Th'Y\ Karl G. Spielmann ' 2650 Harbor Lane Cutchogue, New York 11935 (j\ '4' ~ D -ro ()., ~ j -0 CD "F"" C. ~ 9 9 -. -;- .0- ~ '<.. 0 /'1) t -h g:(p -h\:)O-o ~ "< f' -' ~ -;:-- (b (I "r6 r (V -0--9 ~ m JeA ., e - 5/21/2006 Southold Town Zoning Board of Appeals Southold, New York Dear Sir or Madam, I would like to express my concern and opposition to the variance application for a six-foot high fence that has been placed in the front yard area by the homeowners at 2700 Harbor Lane, Cutchogue, New York. As I cannot attend the public hearing for this application, this correspondence will serve as my commentary. As an adjacent property owner, I have not received any mail notification about this application and I feel the height and solid structure of this fence is a detriment to the environment and esthetic appearance of the area. Sincerely, _~~. ~ScA- ,;{ ~&'G Ikvt{r(J1.. ~ ~1\.0~/ N.l /11 35 ~ - Ie 'i;).. I.IMN MCIIUGBUN Attoncy At Law . . Telephone (631) 76S-608S Facsimile (631)76$-18S6 Winds Way Professional Center 44210 Rt. 48. P.O. Box 1210 Southold, NewYorIc 11971 February 9. 2006 Mr. & Mrs. Karl Spielmann 2650 Harbor Lane Cutchogue. NY 11935 Dear Mr. & Mrs. Spielmann: Please be advised that I represent your next door neighbors, Lloyd Oliver and Stan Pfander. who reside at 2000 Harbor Lane. As my clients have repeatedly advised you, the housing of numerous farm animals. including but not limited to barking dogs. goats. chickens and guinea hens is continuing to cause a major nuisance to them and your other neighbors. Despite repeated requests. you have done little. or nothing. to alleviate this problem. As you are well aware, your chickens and guinea hens are constantly on my clients' property and make incredible noise from very early in the moming to very iate at night. In addition. your dogs are kept outside and are allowed to bark constantly. My clients will no longer tolerate this continuing nuisance. If you do not take Immediate corrective action, my clients will be forced to take legal action against you to protect their interest. Additionally, according to Southold Town records..~ome type of shed has been constructed on your property without a building permit and in violation of the setback requirements. This shed must be Immediately removed from Its present location and not relocated unless and until a valid building permit has been obtained. Any effort to legalize this shed in its current location will be vigorously opposed. As you know, your guinea hens and chickens roost on the shed and use it as a means to avoid the existing fence and gain access to my clients' property. I look forward to your prompt attention to these problems, 50 that further legal action will not be required. Sent by certified mail, rrr & first c 5S mail 15. Time A. .. c. G. H. I. Rf<;l,li'JE H. Residence Statu\ 0 Temp. Re\. - Foreign Nat. a ResIdent BTourist 0 Student 0 Other Commuter MiIi~ry 0 Homeress 0 Unk J 37. Apparent Condition o Impaired Drugs 0 Mental Dis 0 Unit. o Impaired Alco 0 InJ I 111 0 App Norm K. Social Security No. l. 47. Occupation M. .'.'\1 N 76. Complainant Signature D Clo\ed {If (Iosed, check box below) DArres! DPros,Oeclined D Arre\t .!uv 0 Offender Dead o Unfounded o Warrant AdviSed DExtrad. De<!in 0 UnknOWfl 80lDNO r ~ 1810NO~ / OCl5.3205 12/971 'FALSE STA TEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW 411'/ B] NotifiedlTOT T~'-'U"\ A. B. c. D. 01 u.s<\ !1-2f'-(,,8 gf':"\l'\q,,~ Ikl ';--7-(.t... 2c.ro "''''6.~ ,~ Cv\-ck. ...... Ny G. H. "ESID:c:r';CE DUC,ir,JC:;;-:; 31. Ethnic o Hispanic 0 Unk. DUnk. 0 Non-Hispanic 0 No 36. Alias/Nickname/Maiden Name (Last, First, Middle) H[::;II_;~:i,Cf 33. Residence Status 0 Temp Res. - Foreign Nat. o Resident 0 Tourist 0 Student 0 Other o Commuter 0 Military 0 Homeless 0 Unk. 37. Apparent Condition o Impaired Drugs 0 Mental Dis. 0 Unk. o ImpaIred Alco 0 InJ/1l1 0 App Norm 40. Social Security No. J. K. L. 46. Skin o Ught 0 Dark DUnk o Medium 0 Other 54. Employer/School M. '.'BLE !" N. J\.1 A",- ~q 1..(-2--0<:' t- if_____ 2. 'e-I h<~.., U"'W.$i ''l",J "''\'u.'..,J, h.--<'.- '€'10'-')., .ev;J,e",.e. k, J.:cl\ ""+ q 1-'-'411 U->1tl\e~J 81. Status o Viet. Refused to Coop o CSI 0 Juv. - No Custody o Open ~Iosed (If Closed, check box below) o Arrest 0 Pros. Declined o Arrest - Juv. 0 Offender Dead o Unfounded o Warrant Advised DExtrad. Declin. 60 ID No. o Scofflaw o Other 75. NYSPIN Message No. 76. ComplaInant Signature 78.10 No / ,; ~ OCJS-3205 (10/03) 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. 1. 7. A. B. c. (vt-, BUSINESS RESIDENCE OUSINESS I. RF$IOENCF 33. Resldence Status 0 Tamp Res. . Foreign Nat. o Resident 0 Tourist 0 Student 0 Other o Commuter 0 MUItary 0 Homeless 0 Unk. 37. Apparent Condition o Impaired Drugs 0 Mental Djs. 0 Unk. o Impaired AIco OlnJ/1Il 0 App Norm 40. Social Security No. J. K. L M. N. , o Scofflaw o Other /2L losed (If Closed, check box below) o Arrest 0 Pros. Declined o Arrest - Juv. 0 Offender Dead r Pages )CJS-3205 (10/03) "FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. 4/ 1. ency A. B. c. D. 01 /hA!8t!1e ,LN i/'l N-7-II93S G. H. RESIDENCE 39. Phone No, BUSiNtBS RESIDENCE 33. Residence Status 0 Temp Res. - FOreign Nat. o Resident 0 Tourist 0 Student 0 Other o Commuter 0 Military 0 Homeless 0 Unk. 37. Apparent Condition o Impaired Drugs 0 Mental Ols. 0 Unk. o Impaired Alco OlnJ/1Il 0 App Norm 40. Social Security No. J. o Black o Asian 31. Ethnic o Hispanic 0 Unk. K. L. 46. Skin o Light 0 Dark 0 Unk. o Medium 0 Other 54. Employer/School M. TABLE P N. 60. License Plate No. 66. Make :P/E~f"1J'Jd .5rl'irES (.,h?,J. e..,;:., 70 SHoO-r -.n Mnl>t!ItGO CJN7l) M:s PI'l 'pM/>OE-<- .Y?D~E~ 70 .so -" -=-1' .# -J;: ~ 1 , 'tVDe~i,.JGb .:2rl'lZRV'/e.v/ip /10 ~V/SEA >>.., NOr 70 ..s#c;~ O#L '<!',4r;.,..., 7C JAbor ":>/"'-e~",,;>,':S 6vo'.rr ~^,:s. - ?M-;>oclC. srl9-7:eL> #e- Pf,F.$.n. T (!WA/ 014 Nt) w"C/La/N'r S'Hcor 7"11€ &;eps .S-,Pr~t:..n?"""",,", ""'Ov/$e~ - ~;:r ~l!.ln6 /H/9clh/lIE. . -74. loqulrles (Check alllhat apply) 75. NYSPIN Message No. 76. Complainant Signature ~' 0 OMV 0 WanUWarrant 0 Scofflaw o Crim. History 0 Stolen Property 0 Other 77. fficer ure (Include Rank) P-o. 78.10 No. ?...3 ~ 84. 1 Page ~ ... I ~'i,.: 81. Status o Viet. Refused to Coop. eBI 0 Juv. - No Custody o Open J!il Closed (If Closed, check box below) D Arrest D Pros. Declined o Arrest - Juv. D Offender Dead DUntounded o Warrant Advised o Exlred. Declin. 80.10 No. o Unknown " Pages JCJS-3205 (10/03) .'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. 15. Time A. B. c 'b1 \ f.....- ... '\-- G. H. i'lESIDENCE BUSINESS I. 31. Ethnic o Hispanic 0 Unk. HESIDENCE: 33. Residence Status 0 Temp Res. . Foreign Nat. o Resident 0 Tourist 0 Student 0 Other o Commuter 0 Military 0 Homeless 0 Unk. 37. Appafllnt Condition o Impaired Drugs 0 Mental Dis. 0 Unk. o Impaired AIco 0 In/1m 0 App Nonn 40. Social Security No. J. K. L M. N. o Scofflaw o Other 80. lD No. /~L- 75. NYSPIN Message No. 76. Complainant Signature 81. Status o Viet. Refused to Coop o CBI 0 Juv. - No Custody o Closed (If Closed, check box below) o Arres! 0 Pros. Declined o Arrest - Juv. 0 Offender Dead o Unknown Pages OCJS-3205 (10/03) 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. b. INCIDENT NUMBER Town or. Police D_el'artment CONTINUATIO LEMENTARY REPORT 05- BLOCK NO. Page 6F6f?-.6NLe , S u. 'V6 s . In t\~\:lE. T ~::'\A\3SEC f\\\E: ~ It::> SIGNATURE f) t1 ,\,0., 0(0) Ti,(Tle A. B. No. of Victimi c. NO. of SUipect$ ) '1:)\ (;...-b;~ Lc-. ~ V\ Q...- , BIJS'N!.,SS G. H. I. I J. L K. ..... ~ L M. N BUSINESS Ri,q;ENCF \}1j\INfS, 31. Ethnic o Hispillnic 0 Unk. o Non-Hispanic ]6. AllaslNicknamelMaiden Name (last. First. Middle) f\f'.iIDfNU: H. Residence StatUi 0 Temp. Res. - Foreign Nat. B Resident gTourlst OStudent DOttIer Commuter MlIItary 0 Homeless 0 Unk ]8. Address (Street Ne,.. Street Name. Bldg No.. Apt. No.. City, State, Zip) 37. Apparent Condition Q Impaired Drugs 0 Mental Gis 0 Unk. o Impaired Aleo 0 Inj I III 0 App Norm o Home o Work 44. Race o White 0 Black 0 Other o Indian 0 Asian 0 Unk. 47. Occupation :.\,H.E.. 51. Eyes 52. Gla..ses o Yes 0 Contacts o No 53. Build o Small 0 large o Medium 57. Misc. "'" 74.1nquirie.. (Check all that apply) o DMV [J WanttWarrant o (rim. History [I Stolen Property o Scoffla..... o Other 75. NVSPIN Message No 76. Complainant Signature , '100 S2 9.Su , 81. Status 0 Open o Vict. Refused to COO~ o CBI OJUY, -No Custody o C1o$ed (If Clo$ed. check bo~ below) o Arre$1 0 I'rO$. Declined o Arre$! .Juv 0 Offender Dead o Unfounded o Warrant Advised o htrad. Oectin 0 Unknown "1' ofl Pages ~..". DCJS-320S (2/97) "fALSE STA TEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. .' . Town o!JIIa1..Police Department ...... . ' CONTINUATI.O~LEMENTARY REPORT ... DATE-TIME OF REPORT '\. -;. '- . c; I DATE.TIME OF INCID'WfS "' \ c:' 1 \ < \ 1--1-1.--. QS ~v'-u ~:r > \) -1-0 . \) d- ub 1-<'), BLOCK NO. INCIDENT NUMBER . bS- \ ,-*, ObS' Page I of I lA.~t.-r'H(r<'-~b ~ ~ 'lL(..f' 'zlIOblll.-- \N-L--t~ ~_ r: '^-~ (,.. tLb,>"\.--t- 4-t^Q..- I\.-\~~~\~~\\..l ,-..., <zLi-.~A, \r-...., Vvo\vldv (..A\f...."^'*, ..J. D ~.;>~e- '" v S'; l <. . WJ 1'. r\ v \ ~ .2.-d ",,^--d <;:. ew-l- J{: ( ~ ~ \~ ~ -\:-c ""'-'''----' . · tJ ~ _ ~ .--.l- ~ . .t- Cl:'llLL-,Q.- 0...1:' kL.n.: \-e.{. k.....~.tAJ . , V \1\ REPORP G OFFILFR NA, HI LD / CO~MAND \~Lr A\ \ uk........ SVPERV o~ \, IV / A---\-- ,L'-.., '7 tol -\'-- Il'f' . v---- ('I R',\?I'I!>'O O!tICER S~VRE \---':'\~ V "\ ~ \.At" J j(\ '^" jl--- \ v' ." DATE I TIME '-'. \, _________ ---; IL- L"'2.- 0<:::.., L--:S~'::) ~ A. B. c. G. H. nESIOEi~C!:; BUSINESS RESIDENCf' 33. Residence Status 0 Temp Res. . Foreign Nat. o Resident 0 Tour1st 0 Student 0 Other o Commuter 0 Military 0 Homeless 0 Unk. 37. Apparent Condition o Impaired Drugs 0 Mental Dis. 0 Unk. o Impaired AIco 0 InJlll1 0 App Nann 40. Social Security No. J. K. L M. TAGLE P N. Page o Unknown ~ Pages OCJS-3205 (10f03) 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW. 1.,Agency" . _ " ~.b.4t.,..lb (6...., 7. Report Day S'-J 8. Date '191 I r'5 I't'~ 16.1nCi~nlTtpe I'ult t..( A, . c 0#'3 F ?'l' 0 WL i-u., 0'r:.:r~'-' ' G fJ''l,:. D';SI',c" H, KiS'll ';(1 ll'.''>i:\l' , RblOENCI; :no R6iden<e Statu\ 0 Temp. Rl!\. - Foreign Nat. a Re\ldent Brourist D5tudent p'Other Commuter Military 0 Home ess 0 Unk L 37. Apparent Col'\clition o Impaired Drugs 0 Mental Ois 0 Unk. o Impaired Aleo 0 lnj I III 0 App Norm K, l. M, N b(-/r 75. NYSPIN Me\sage No 76. Complainant Signature ~ 8010 No. o Open ~O\ed (11 Closec. check bo~ below) 0 Unfounded o Coop 0 Arre~t 0 Pros Declined 0 Warrant Ad~ised . -No CIJstody 0 Arre~t -Ju~ 0 Offender Dead 0 htrad Oeclin 0 Unknown 83. NotifiedfTOT DCJS-320S (2/971 U 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME, PURSUANT TO THE NEW YORK STATE PENAL LAW, t/ "l"O,,-,.--J . I~. Date 0:::' I ,;;tS'j de.. IS. Time l~dentType oc..rC~ ,,-vi:d~..~ 77eJr-/ A , c. tt'3". f. ,,~ G. ~6 H 31. Ethnic o Hispanic 0 Unk. o Non-ttispanlc 36. Alia~icknameIMaiden Name (last, First. Middle) Rf ~jDr.'\Cf ! . J. l K. l. M N ",Aau'0 B. R.esidence Status 0 Temp. Res.. Foreign Nat. a ReSIdent BTourist OStudent nOther Commuter MlIltary 0 Homeliu 0 Unk 37. Apparent Condition o Impaired Drugs 0 Mental Ois 0 Unk. o Impaired Aleo 0 InJ I III 0 App Norm 38. Address (Street N(!., Street Name, Bldg. No_. Apt, No., City, State, Zip) o Home D Work 44. Race D White 0 Black 0 Other o Indian 0 Asian 0 Unit.. 51 Eyes 52. Glasses DYes 0 Contacts o No 53. Build o Small 0 Large o Medium 57. Mise. o Ope~lo!>ed (If Closed. check bo~ below) o Viet. Refused to Coop. r n ArreH 0 Pros. Dedined Bl OJuv. -No Custody o Arrest .Juv 0 Offender Dead DCJI-3205 (2/97) 'FALSE STATEMENTS ARE PUNISHABLE AS A CRIME. PURSUANTTO THE NEW YORK STATE PENAL LAW. .' ". .. .. March 27, 2006 Via Federal Express Paul A. Ragusa 917922.0503 Mr. & Mrs. Karl Spielmann 2650 Harbor Lane Cutchogue, NY 11935 Re: Dispute with 2700 Harbor Lane Dear Mr. & Mrs. Spielmann: Further to our letter of December 6, 2005, my wife Cheryl and I write concerning our continuing set of disputes at 2650 Harbor.Lane. In particular, we are deeply troubled by what unfortunately has been a recent escalation of unacceptable conduct at your end, the most egregious of which are addressed below. 1. Harassment. On Saturday, March 18, you chose to operate your chain saw and wood chipper commencing shortly after 8:00 a.m. and continuing for much of the day within several feet of Ragusa property. Moreover, you chose one of the few locations along our common border where a nois,~-reducing wooden fence does not yet exist - the area in between the front of your house and the Ragusa garage (the "Garage Area") - as the site for much of your activity. Indeed, we videotaped you dragging trees and branches to that area around 8:20 a.m., an obvious attempt to max:imize the negative impact of your harassing activities as we slept but a few yards away. You revisited this very same conduct yesterday, March 26. This time, however, not only were your actions calculated to cause mental anguish, they had the very real potential for causing physical harm. While I was digging a hole near our common border (just to the east of the Garage Area) to plant a tree, you again moved your wood chipper to within a few feet of our common bordl~r, and accordingly, within a few feet of me. Wood chips flew over the fence and came within inch(Js of impacting my face. The event has been documented in a police report. Even assuming that you did not intentionally expectthis result, you are now on notice that you are not to operate your wood chipper anywhere near Ragusa property without proper safety precautions, or otherwise in a harassing manner. 2, Conversion of Real Property. As noted in our prior letter, you placed a wire fence through the line of Cedar trees which form the boundary of our respective properties. Unfortunately, you unilaterally chose to follow your survey, rather that take into account the conflicting Ragusa survey performed by Young and NY02:535493.2 " ", . ", Mr. & Mrs. Karl Spielmann Page 2 of3 Young. As you know, we resolved the western border by agreeing to split the different between our respective surveys even though it meant ceding a row of trees to your side of the border. We did so with the hope that it would foster a peaceful resolution to all portions of our border. However, you have thus far failed to act to resolve the Garage Area border. To this end, on March 18, we placed a nylon string to mark where the Young and Young survey indicates that portion of the border to lie, and placed additional string where your wire fence wrongfully meandered into Ragusa property. As you know, your wire fence bends around the Cedar trees and thus do not lie within a common vertical plane. Indeed, even accepting your survey, those wires bend into Ragusa property at numerous locations. We called your attorney last week to inform him of this issue and our markings in the hope of re-commencing a meaningful and peaceful resolution to the issue. In response, you chose to remove our markings, tear them up, and scatter the waste about Ragusa property, including vandalizing Ragusa trees with them. You also chose to cut down one of the mature border Cedar trees, resulting in a location within the Garage Area where our respective families will once again be in constant visual contact. Your alarming actions necessitated the immediate movement of the 10' Cedar tree which we had planted last year in the Garage Area to replace one that had died. To this end, we were forced to cut three pieces of your wire fence that you had wrongfully woven through the tree - and over Ragusa property - in order to effect such movement. The movement of this tree caused considerable physical and emotional strain on my wife and I. You are to move the portions of your wire fence which meander over Ragusa property, and cease from removing markings that we layout for the legitimate purpose of instructing our fence contractor regarding the proper boundaries of our property. Regarding the latter, you have been so instructed by the police. 3. Destruction of Personal Property. You and your family are to cease hitting, throwing objects into and otherwise damaging the Ragusa fence. The fence is well beyond our common border and you have no legitimate reason to interact with it. Conduct such as throwing snowballs at the fence - which is documented in a police report -and permitting trees which you cut down to tall onto the fence - which is documented in a March 18 videotape - must not be repeated. 4. Nuisance. You are not to continue to permit your dog to engage in habitual barking. We understand that you have been cited for violating the applicable ordinance in this regard, and are now subject to heJightened penalties. NY02:535493.2 '. . . ~ Mr. & Mrs. Karl Spielmann Page 3 of3 You are not to permit your hens to enter Ragusa property, and must maintain your livestock and fowl 40 feet off the property boundary. Your present technique for keeping your hens - to pernlit them to fly wherever they like - is not effective. We have documented your hens entering Ragusa property on several occasions, most recently on March 19. Further, the combination of your failure to properly maintain your hens and your chickens has led to an onslaught of poultry feathers continuously entering Ragusa property. The feathers, which often contain the remnants of bodily fluids, are unsightly at best and more problematically, uns3mitary. You must erect proper enclosures to prevent your fowl and their waste from entering our property. Conduct of the type addressed in this letter has led to the filing of three police reports this past weekend. That the police needed to visit our property three times in 24 hours underscores the need for immediate corrective action. You simply cannot continue to act with complete disregard to the rights of your neighbors. Your failure to take immediate corrective action will unfortunately necessitate litigation, which we (and presumably you) wish to avoid if at all possible. We thus suggest a telephone call from your attorney with an eye to make a final attempt at reaching an amicable resolution to these important issues. ;( Paul A. Ragusa, Esq. cc: Dan Ross, Esq. (via fax to 631-298-4427) NY02535493.2