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Home My WebLink About5994 Qualm11J 4 braided ,S 98 aSo bib_'1"I _C - Ca , • 751 is 9 o`I ,,,01.13163 s 1113? 0L1 45300 /H 7/241/0,3 //cc-y "OWv .Std_ g -1 a oLi CA ft,'991 04 ,moi.-, o Ito( 1,61.c.,. 7' - 0%941 4 / S s 5i0/D7 • • „ APPEALS BOARD MEMBERS ''i✓' Mailing Address: P 1��0� $0Ujy0 - Southold Town Hall James Dinizio,Jr., Chairman � O O y 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer 1 # 41 Southold,NY 11971-0959 Ruth D. Oliva ` G Q ,� Office Location: Michael A. Simon �n ,p40 �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman `'��eCOMo�� 54375 Main Road(at Youngs Avenue) ,.••' Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 4.. a:a4P.m. TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 MAY 3 0 2007 Q FINDINGS, DELIBERATIONS AND DETERMINATION So old Town lark MEETING OF MAY 10, 2007 ZB File No. 5994—Joseph Gulmi and Susan Braver Property Location: 250 Pine Tree Court, Cutchogue CTM 98-1-7.11 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 1.1324 acre parcel is situated at the end of Pine Tree Court in Cutchogue, with frontage along a 50-ft. wide right-of-way along the northerly and westerly lot lines. The property is improved with a single-story frame house with attached garage and deck areas, and a small shed structure, as shown on the December 20, 1986 survey, updated December 19, 2006 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Request for Variances under Sections 280-13 (formerly 100-33) and 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval concerning an as-built swimming pool in a location other than the code-required rear yard and fence height exceeding the code height limitation of four feet. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated January 9, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 29, 2007 and April 26, 2007, 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 area variances requested are related to the setback of the as-built swimming pool and the height of the as-built fence. The six ft. high fences are 176+/- total linear feet along both street boundaries shown on the survey last-updated December 19, 2006 by John T. Metzger, and the remaining portions at the driveway and pool (front yard areas). , Page 2—May 10,2007 • ZD File No. 5994-Joseph Gulmi, an Braver CTM No.98-1-7.11 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties if the fence and pool are properly screened. The grant of this variance will permit an increase in the height of the fence to a point where the fence height level is permitted for the greater part of the total fence. The fence itself consists of posts narrower than the distance between them. The pool is situated at an angle to the west front lot, and is situated well within the fence. The pool setback request pertains to one corner of the as-built pool, as it relates to the open (pending) building permit with variance conditions attached. 2. The benefit of keeping the deer away from the pool and the vegetation surrounding it cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variances granted herein are not substantial. 4. The difficulty was not self-created but is a consequence of the shape of the property and the attractiveness of the premises to many deer. Evidence was presented that a six-foot high fence is significantly more of a barrier for wild deer than the code-required four feet. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Testimony from a neighbor indicated that any objections he has will be satisfied by the applicants' providing sufficient screening of the pool and specific areas of the fence. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new swimming pool and protection from wild deer, 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-B, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to GRANT the variances as applied for, as shown on the survey prepared by John T. Metzger, on December 20, 1986, last updated on December 19, 2006, subject to the following conditions: That the applicants provide adequate plantings related to screening of the fence and pool) as described in applicant's testimony during the April 26, 2007 public hearing, and That the plantings be continuously maintained. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3—May 10,2007 • ZD File No. 5994-Joseph Gulmi, 9CSan Braver CTM No.98-1-7.11 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 not authorized under this application when involving nonconformities 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman)Ase • a, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0 - aid' . / Af/A A J= W Dinizio Jr., Chairm. i 51. 5-/2007 •pproved for Filing RECEIVED 4 4661.cd a:a9p.m . e/04 '�`,�• 2007 "at+f Town Cler 1` � - x PROPERTY' 250 PINE TREE CT. C \k 19 • '5\CUTCHOGUE, N.Y. 0 A69• / O k v� r � rw ,..:, ,e,.., tit, „ e ,c,,, . . _ ) ‘.._ . • _ \ , . Y re— rTT1;: p ` STk _ V 116 , l e _ 30.0 ��,� 1- (7(� \� i� \ ..------ . : 6-1,4:-!*57 ,lac. . -%-s• s �- fi z 9'1/46'Z,, • i (30 • r PG es �� , ya-SP ''5HALY �. ,` ;� I. .. I4 / ' ca/E$7P /» Q e e. 20./ _ 4° at - . 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' LIC.N0.49618 ,\ 0 SCALE = 40 `'`� Dec. 20, 20051 contours 1 • till r-a-,'li1�•- GINEERS P.C. DEC.'20, 1986 /fay 5.2ooV(tevls•o^s) j6 -- 's ... ., . .II 765 - 1797 9.000 ZONES FROM FIRM SEPT.d9,2000 9,2000 (Contours,. Wetlands d Flood Zones added) P.O. :11:,,,%,:74d; ,4 • ' ;, : • , P\� MAP.#36103C0I64 G MAY 4, 1998 - Nov. f 9, 2000 (prop. additions) �c z 206(x �Nct/ 1230 Y d� T CONTOUR LINES ARE REFERENCED TO NGVO Ian. 2, , 20010/ f (woodMHWM1 SOUTHO '�1` :•l MAR. 7, (wood 'decks 1 APRIL 22, 2002 ( IA1d 1 I t 86 - 723 t •• Li � Li s. 4 PROPERTY* 250 PINE TREE CT. fav \\ CUTCHOGUE, N.Y. 165'b\ i , ' \ 7 V - 5 'i �- - AE / \ - \ \ J � \ �� Q ?� ` • int. �Wt. tt- I/ .5 \ t .o37 FW QOM - ,. . i., v511 .( ^ .Iib =gam c . `\` • I • urs P nt s c;+:sz,°r PO<fS i �/ . f I "� \N� \9 90 e `jet v. N. 85 ° 92' 50 " W —o u"- I �y v A E W. ) R �l aw? 63°2 5- 6.\ r Z' )z AM 0 /F HJALMgR a C I( 5Lj1 p LW CO • JOSEPH E. GV �iQ��P� ' 241 I `<\bi ... ...\ � F( 000 ZONES FROM ARM \ MAP.#3610370164 G MAY 1119 96 Q ` CONTOUR LINES ARE REFERENCED TO NGVD I 1 1 DEC 1 9 2008 65.3 -#4c ; f k Of , CO 1 / o Af4 \ \a N . ° k aiti� �i e �\ N \\ . otn_ \ f�' ., \ d \ Q Z ` ,,� itsc -o \ o ,v el r9 .2 0 �''- `t N X9.5 v.) n ,F}„ _ \ p CC- CC ' ' I Tr'i. ASPHALT \ a, 2E:l, N 90 13'1 8i % 41 . N . 85 0 zA 42 , 50 „ tk� �' 63 0 W. cry0 fl 5. 6_�p 7Y- tY Th. _ ' A K ---al ".....'•3/4......./ \111.14111L • lit • ,.....**essl t ir 1111111... d.5 74I • • _.......- • D MIRAGE -- 530 ' 1��E %1 9 2006y SIZE: 161x40' DEPTH: 3'-6", 5-6" VOLUME: 14,050 GAL. a LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 26, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971.0959, on THURSDAY, APRIL 26, 2007: 11:00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994. Request for Variances under Zoning Code Section 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval concerning an as-built fence exceeding the code limitation of four feet in height when located in or along a front yard area, and under former Section 100-33 (now 280-15) for relief from Condition under ZBA No. 5340 concerning the location of an as-built swimming pool (ref. B.P. #91932-Z), at less than 30 feet from the front lot line. Location of Property: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: April 2, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 • • • • #8276 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Candice Schott 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 1 week(s), successively, commencing on the(Lie15th day of March207.Qe / ce0 [ r� Principal Clerk Sworn to before me this /U day of -ilky-2i "1- 2007 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, 2006 r a • • • • � $ (A�. an accessory garage with storage loft: posed at less than 50 feet; (d)the as- (a) in a yard other than the required built accessory shed does not meet the rear yard, (b)set back less than 25 feet required 5 ft. minimum setback under 1 from the property line, (c)height ex- ZBA No.3229. (Note: Variance relief ceeding the code limitation of 22 feet to is not requested for the trellis structure.) 1 the top of the ridge,and (d)dormer Location of Property: 280 Basin Road, exceeding 40% of the roof width. Lo- Southold;CTM 81-1-19. cation of Property: 3070 Peconic Lane 1:50 P.M. ROBERT SEELEY and C.R. 48 (Middle Road or North #5912. Request for a Variance under Road),Peconic;CTM 74-3-15. Section 280-116 (100-239.4A based on 10:30 A.M. NANCY BORIS#6007. the Building Inspector's April 12,2006 Request for a Variance under Section Notice of Disapproval concerning a 280-124,based on the Building Inspec- proposed accessory swimming pool tor's October 24,2006 Notice of Disap- structure in a location at less than 100 proval concerning an application for a building permit for an addition to the feet from the top of the bluff adjacent to LEGAL NOTICE dwelling at less than 35 feet from the the Long Island Sound,at 1250 Sound SOUTHOLD TOWN front yard lot line and with lot coverage Drive, Greenport; Rockcove Estates ZONING BOARD OF APPEALS exceeding the code limitation of 20%. Lot 4;CTM 33-3-19.4. THURSDAY,MARCH 29,2007 Location: 335 Pierce Drive and private 2:05 P.M. EDWARD FERGUS PUBLIC HEARINGS right-of-way,Cutchogue;CPM 136-1-8. #5941. Request for a Variance under NOTICE IS HEREBY GIVEN,put-- 10:40 A.M. THOMAS RYZUK Section 280-18 (100-30 A.3) based on suant to Section 267 of the Town Law #6009. Request for a Variance under the Building Inspector's May 31,2006 and Chapter 280(Zoning),Code of the Section 280-124,based on the Building Notice of Disapproval concerning an ap- Town of Southold,the following public Inspector's January 19,2007 Notice of plication for a building permit to build a hearings will be held by the SOUTH- Disapproval concerning a proposed new single-family dwelling in a location less OLD TOWN ZONING BOARD OF dwelling,after demolition of the exist- than the code-required 50 feet from the APPEALS at the Town Hall, 53095 ing structure. The dwelling is proposed rear lot line, at 1854 North Bayview Main Road, P.O. Box 1179, Southold, at less than 15 feet on a single side yard Road,Southold;CTM 70-12-39.3. New York 11971-0959,on THURSDAY, and less than a total of 35 feet combined 2:20 P.M. MARY ZUPA #6010. MARCH 29,2007: side yard setbacks, at 790 North Sea This is an Appeal for an Interpretation 9:40 A.M. LYNNE CARDACI Drive,Southold;CTM 54-5-14. or other action,based on the Building #6012. Request for a Variance under 10:50 A.M. PERICLES NOTIAS Department's December 21, 2006 re- Section 280-124,based on the Building #6005. Request for a Variance under turn of a building permit application for Inspector's January 9, 2007 Notice of Section 100-30A.3 (280-18), based on construction of a single-family dwelling, Disapproval concerning an application the Building Inspector's March 30,2005 at 580 Basin Road,Southold;CTM 81- for a building permit for a proposed Notice of Disapproval concerning an as- addition to the existing dwelling at less built dwelling(ref B.P.File Ref 29700- 1-16-7. than 40 feet from the front lot line,at Z)exceeding the code limitation oft-1/2 The Board of Appeals will hear all • 80 Jemick Lane(at Oaklawn Avenue), stories at 675 Summit Drive,Mattituck; persons,or their representatives,desir- • Southold;CPM 70-3-16. CTM 106-1-47. ing to be heard at each hearing,and/or 9:50 A.M. STEPHEN and CLARA 11:00 A.M. JOSEPH GULMI and desiring to submit written statements WONG #6014. Request for a Vari- SUSAN BRAVER #5994. Request before the conclusion of each hear- ance under Section 280-15, based on for a Variance under Zoning Code Sec- ing. Each hearing will not start earlier the Building Inspector's January 25, tion 280-105, based on the Building than designated above. Files are avail- 2007 Notice of Disapproval concern- Inspector's December 11,2006 Notice able for review during regular busi- ing an application for a building permit of Disapproval, and request for relief nest hours and prior to the day of the to locate an accessory garage in a front from Condition under ZBA No. 5340 hearing. If you have questions, please yard rather than a rear yard. Location concerning the setback location of an do not hesitate to contact our office of Property: 1780 East Gillette Drive as-built pool(ref.B.P.#91932-Z),at less at(631) 765-1809,or by email: Linda. and(west)Gillette Drive,East Marion; than 30 feet from the front lot line. Lo- Kowalski@Town.Southold.ny.us. (TM 38-3-23.1. cation:250 Pine Tree Court,Cutchogue; Dated: March 7,2007. 10:00 A.M. PAUL R. CADMUS (TM 98-1-7.11. ZONING BOARD OF APPEALS #6016. Request for a Variance under 1:25 P.M. JOHN and PATRICE JAMES DINIZIO,JR.,CHAIRMAN Section 280-124,based on the Building KE1TT #6008. Request for Varianc- By Linda Kowalski Inspector's January 26,2007 Notice of es under Sections 280-15, 280-116B, 54375 Main Road(Office Location) Disapproval concerning an application and 280-124, based on the Building 53095 Main Road(Mailing Address) for a building permit to build a covered Inspector's January 11,2007 Notice of P.O.Box 1179 porch addition at less than 40 feet from Disapproval concerning an application Southold,NY 11971-0959 the front lot line,at 7005 Main Road, for a building permit for as-built shed, 8276-1T 3/15 East Marion;CTM 31-1-3. new porch construction after removal 10:10 A.M. LEE and MARIE BE- of a screen porch, and new addition NINATI#6017. Request for Variances to dwelling. The reasons stated in the P under Section 280-15 and C- disapproval are: (a)decking construe- 1, based on the Building Inspector's lion is shown with a zero setback from January 4,2007 Notice of Disapproval, the bulkhead, (b)the as-built screened p amended February 22,2007 concerning porch is less than 75 feet from the bulk- 1°., / r d x ,) an application for a building permit for head; (c)the rear yard setback is pro- !l V "' ' • � Cy) e� FORM NO. 3 L9� } ,,,t b t NOTICE OF DISAPPROVAL Z C, i CI)` Date: December 11, 2006 TO: Joseph Gulmi 250 Pine Tree Court Cutchogue, NY 11935 Please take notice that your application dated August 22, 2006 For permit for construction of an"as built" swimming pool at Location of property 250 Pine Tree Court, Cutchogue, NY County Tax Map No. 1000— Section 98 Block 1 Lot 7.11 Is returned herewith and disapproved on the following grounds: The location of the swimming pool is not permitted pursuant to ZBA decision #5340 for construction 0 of the pool at a minimum of 30' from the westerly front line. The foundation location survey indicates the accessory swimming pool at a distance of 28' from the westerly lot line. The "as built" fence is not permitted pursuant to Article XXII, 280-105 A. When located in the front yard of residential zones, the same (fences) shall not exceed four feet in height. Authorized Signature 13/ 3 d v/./ee p /U� r l '/ / 6T, Clair I t L piety * CLc..E'—ez,,,,-L I�'dc/0 • AV 6.✓- .4, /7/-6-c 4/.3193A APPLICATIONIIIIFH.UTHOLD TOWN ZONINSO Qterwis-1 s. s / For Office Use Only Fee:$ ,300 Filed By: �/ a-n-1 Date Assigned/Assignment No. DEC 1 9 2006 i Office Notes: z.� s99V Parcel Location: House No. 259 Street tilje (t2cc (Coat Hamlet C}L xc)e,LAe (� c SCTM 1000 SectionCE Block Lot(s)7 I f Lot Size I. 132y q Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: II lrA`: e fori-eRi'61-rc:Zcch5ti2A_Ac}lrt) of an as(j.'.Llt 5winavra:r•c� Ip.t'L Applicant/Owner(s)S SCXTiREA: R J D(Set kph C Uhti11 Mailing Address: CO 12Et C ane I COW?t CLic-tC i l-tDClAe- MA� ' ) H 357_ Telephone:(C 3� — 77Z / Fax: 01 3 — 7 5 NOTE: If applicant is not the owner,state below if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: N Address: Telephone: Fax: Please specify who you wish correspondence to be mailed to, from the above listed names: lit Applicant/Owner(s) 0 Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ,22— 4t1s L9.ST 2GC'L, FOR: '3 ❑Building Permit ❑ Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use S Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article _di_ Section 100- 33 Subsection Holl XX l l loo-- Z@'0 It Type of Appeal. An Appeal is made for: ❑A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section fReversal orOther mCklPi., 2ail deCt510111;r5-3 Li -to pc?fin l+ CcC tbukei'ID(1 of S03insvnt1v f L *o rental U;rn c-Ic 301 Freco ll)et_cT-tlzot Llf1L OF- aoc1"2rs biAitT" A prior appeal'has ❑has not been made with respect to this property UNDER Appeal Cbtain UOPid(1Ce LCC- No.53Wo Year acc3(for current and all prior owners). E\ �� SCF i 11 -V25T Name of Owners:1A"I W_ � '1Q)! ( ! AI Ileal No. REASONS FOR APPEAL(additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: See Zt A(-V1E) (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, Ober than an area variance, because: Tb c IN) c�cckfid s,,,ivm,TCyvIs 'RmentaLj IA,',sta. Iec, 00 cannot be (\Ace ca (3) The amount of relief requested is not substantial because: `)('-C� e C1;)e& (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: E' �e (5) Has the alleged difficult been self-created? /Yes, or ( )No. Does this variance i volve as-built construction or activity? (V)Yes, or( )No. T Te,extea-t thsi,rc* Inbto411e0. uu& ri S ot p(f}ceL' IK) CCQVS-MtAjwltH c ua�z.lane DbtaineX(26Rt 53'10). lHo?Likencotwfs& �'�'A n rC L 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 B NG REQUESTE 4, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please b sure to consult y ur attorney.) A ,v1 ig at re of App: lant (Age t must suhmit we ten Authorization from Owner) Sworn to before me this d,,L1 ) 4-1"1,200(0 411'"i .1 /1i 1.62-cr Pali GERALYN WIESER Notary Public,State of New York No.4750631 Suffolk County Term Expires May 21 20aa.... • • • • 1) The swimming pool was improperly positioned during installation by the pool contractor,East End Spa and Sauna, 1374 Main Road,Jamesport. The pool lies at an angel to the property's west front line. As a result of the angle the pool was set at and the pool's irregular shape, (a photo of the pool and the manufacturers drawing are attached) one section of the pool is 28 feet at its closest point to the westerly property line(detailed close up from survey of the area in question is attached). The ZBA variance obtained for the installation of the pool (attached is copy of ZBA findings and determination—Appl. No.5340) required a 30 foot set back along the northerly and westerly front line of the property. The pool is set back 30 feet along a section of the west front line and 32 feet along the north front line of the property. The swimming pool is used for our own enjoyment. It is screened from the 50 foot right of way by both new and existing plantings and is completely obscured from the roadway along both the west and north front line of the property. The modification requested of the existing variance is two feet. This is a de minimus modification and under the circumstances does not impact the character of the neighborhood. A variance is also requested to permitthe "as built"six foot high cedar spindle and black chain link fences running along the property's west and north front line. Both fences blend into the existing landscape. The black six foot high chain link is completely obscured by the native plants along the right of way on the north front line. The cedar fence runs along the west front line and is screened along the right of way sides with both native and selected plantings. Several of the lots in the area have accessory buildings, swimming pools and tennis court in the front yard. The property along our north front line,No. 375 Pine Tree Court, has a tennis court in the front yard that is enclosed on all sides with a fence. Given the set back from the right of way that the fences are located at and the nature of the roadway,there is no danger that the fences in questions will obscure, obstruct or otherwise interfere with the vision of any driver of a vehicle traveling along the right of way. There are only two residences on Pine Tree Court,the subject property, 250 and No. 375 Pine Tree Court. Lastly, given the number of deer in our neighborhood, the six foot high fence is necessary to stop the deer from coming into the pool area and destroying the pool,pool cover and plantings. Although deer are capable of leaping over the six foot fence,they do not. On the other hand, a four foot high fence offers no protection from the deer since they jump a four foot fence without pause. • • (3) The property is located on Pine Tree Court, an unpaved 50 foot right of way off Pine Tree Road extension. Only two residences are on Pine Tree Court,the subject, 250 and No. 375,parcel 1000-98-1-7.17. Both properties are secluded. The set back modification sought is two feet along a portion of the westerly front line. The area in question contains a mixture of native and selected plants. The pool is screened from the right of way. Given the existing paintings along the right of way and the de minimus distance in question,two feet, the relief sought is not substantial In so far as the fence height is concerned, it is virtually undetectable along the north front line of the property covered from view almost completely by the native plants. Along the west front line the fence is open, not a solid privacy fence. It is planted along the right of way side, screened by a combination of plantings. As such it blends into the surroundings. Neither fence creates any impediment to a driver's vision. The height of both the fences are necessary to prevent deer from coming into the pool area and destroying the pool,pool cover and plantings. • • (4) The pool set back modification of the existing variance is two feet, along only a short section of the West front line of the property, as such it is not discernable. The existing and future plantings in the area in front of the six foot high fence along the right of way is consistent with the surrounding landscaping in the area. There is no evidence that the required relief will have any impact on the physical or environmental conditions of the neighborhood. .Sa. — � TOWN OF SOUTHOLD PROPERTY RECORD CARD oea - E:)?, / - 7. /i 141, 01-,1 OWNER STREET-7 TCD VILLAGE DIST. SUB. LOT Joseph Cm ut I mi C.1)(-tsCV) a ltravec ?ne-1 ref Of Cu %et/0put - R Dose_ ✓ac°5C2j FORMER OWNER ,-N 1 Luce* 40 \ E ACR. pe iG(•^--.frc vt(C..7 CoUlm. sct11a ( Fv7. 1'o PAeK peen D !S f L/N4. J S W Lu<=�4--"-ti- TYPE OF BUILDING/�/ PIOR/. S. 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L'.... w. a 5w9e i. S..r o.r.. r. Seri p n - E o,,,,.wmx,Nor —_- st - 11,.44,.. (21) O l..N.,,. rr< P - ___ wr.e xr , Ex,e..r4 --_- o.ao..,.., v e ri .a..o,r,.r n< -. do.,., re x.r - _ in P_ N rc.e„w. -.-. std.,oi�a.. ,., 1111 r M -- 11imr oier.0 n.. -L - .....4i,r...ri.. - —- _ __ 1111 -_ p Pu[IN 23 o.e Area 12.1ME1 or 1214 ' u.. —___ N..oe+.a.U,. --9-- I...9 .om,eum.—ll-- 4011x.ex. [um oNm,.a 0110 12.1 MO •M4•lr --___ Sene mrnn u. —-5 - *COUNTY OF SUFFOLK' •" •"3 t1114A CPN �� STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING January 9, 2007 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Ruggiero, Henry 5982 Lehmann, William 5989 FIDCO 5990 Perry, Saundra 5992 Somerville, Robert 5993 Gulmi, Joseph 5994 Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 a • „ , e.OFFO fr • APPEALS BOARD MEMBERS �'t�0� Co Southold Town Hall Ruth D. Oliva, Chairwoman d= y 53095 Main Road Gerard P. Goehringer y x � P.O. Box 1179 Lydia A. Tortora 'yrlV . p Southold, Y 11971-0959 Vincent t Orlando Jr. =*4. �OOrr� Tel. (631) 765-1809 James .91 ,. Fax (631) 765-9064 http://southoldtown.northfork.net h I,y BOARD OF APPEALS DEC 1 9 2006LLi TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION - G 0 ' MEETING OF FEBRUARY 12, 2004 %v - I Appl. No. 5340 - JOSEPH GULMI and SUSAN BRAVER GULMI Property Location: 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. 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' 1.1324 acre parcel is situated at the end of Pine Tree Court in Cutchogue, with frontage along a 50-ft. wide right-of-way along the northerly and westerly lot lines. The property is improved with a one-story frame house with attached garage and deck areas, and a small shed structure, as shown on the December 20, 1989 survey prepared by Peconic Surveyors, P.C., amended March 7, 2001. BASIS OF APPLICATION: Building Department's March 4, 2003 Notice of Disapproval, citing Section 100-33 in its denial of a building permit application concerning a proposed accessory swimming pool, garage, and shed in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2003, October 9, 2003, and January 22, 2004, 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: Applicants wish to construct accessory structures in the front yard area with setbacks as follows: (a) an in-ground swimming pool structure at a minimum of 30 feet from the northerly and westerly front lot lines; (b) an accessory frame garage and cabana structure at a minimum of 40'9•” from the northerly front lot line and minimum of 53 feet from the westerly front lot line. The original locations were shown on hand-drawn alterations of the December 20, 1986, amended March 7, 2001 by Peconic Surveyors & Engineers, P.C. The setback on the initial hand-drawn sketch requested front yard setbacks at 25 feet. ADDITIONAL INFORMATION:AMENDED RELIEF: On November 20, 2003, the applicants submitted a plot plan and elevation plan as requested by the Board prepared by John MacLeod Riba, Inc. dated November 16, 2003. • • Page 2— February 12, 2004 •• •• Appl. No. 5430—J. Gulmi and S. Braver CTM 98-1-7.11 at Cutchogue REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants indicate that they want to use to cabana and garage with installation of both water and electricity for their own private use related to the new pool, but not for habitable or sleeping. Several of the lots in the area are improved with accessory buildings in the front yard areas. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is limited rear yard available to place accessory buildings because the house is situated closer to the southeasterly corner section of the property, leaving two very large front yard areas and a large side yard area, also requiring relief from the code restrictions. 3. The variance granted herein is substantial. The accessory buildings are located entirely in a front yard area instead of the code-required rear yard, and the property is adjacent to wetlands on the easterly border. 4. The difficulty was self-created when the lot was created from a much larger parcel of property, resulting in two front yards, and the house became situated closer to the south/easterly border of the property. 5. No evidence has been submitted to suggest that a variance in this waterfront community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of accessory structures, 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-B, motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to GRANT the variance as applied for, as shown on the John MacLeod Riba, Inc. dated November 16, 2003, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Only the utilities of water and electric will be permitted in the garage and cabana shed. 2. The pool shall remain open to the sky (not be enclosed or roofed). • Page-3— February 12, 2004 Appl. No. 5430—J. Gulmi and S. raver CTM 98-1-7.11 at Cutchogue 3. The buildings and structures shall not be rented separately from the home. 4. No heat is permitted, and no living or sleeping is permitted in the accessory buildings. 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), Orlando, Tortora, and Dinizio. Absent was Member Goehringer. This Resolution w my adopted (4-0). Ruth D. Oliva, Chairwoman 2/L7/04 Approved for Filing • 010 FORM NO. 3 • TOWN OF SOUTHOLD ' BUILDING DEPARTMENT 20Q6 Town Hall \ NEC 1 9 Southold, N.Y. 4( 59 161 Cs WEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31932 Z Date APRIL 21, 2006 Permission is hereby granted to : JOSEPH GULMI 250 PINE TREE CT CUTCHOGUE,NY 11935 for : CONSTRUCTION OF AN UNHEATED ACCY GARAGE & CABANA PER CONDITIONS OF DECISION #5340 AS APPLIED FOR at premises located at 250 PINE TREE CT CUTCHOGUE County Tax Map No. 473889 Section 098 Block 0001 Lot No. 007 . 011 pursuant to application dated APRIL 20 , 2006 and approved by the Building Inspector to expire on OCTOBER 21, 2007 . Fee $ 279 . 00 W Authorized Signature COPY Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLDRECTET1 -1 BUILDING DEPARTMENT Town Hall DEC 1 9 2006 Southold, N .Y . 599 _, 7 BUILDING PERMIT • (THIS PERMIT OMPLETIONBOFKEPT THE WN WORKTHE UNTIL FULL CAUTHORIZED) PERMIT NO. 31335 Z Date AUGUST_ 505 Permission is hereby granted to: JOSEPH GULMI 250 PINE TREE CT —_. - CUTCHOGUE,NY 11935 for : "AS BUILT" INGROUND SWIMMING POOL IN THE FRONT YARD AS APPLIED FOR PER ZBA DECISION #5340 at premises located at 250 PINE TREE CT CUTCHOGUE �— Lot No. 007 . 011 No. 473889 Section 098 Block 0001 County Tax Map roved by the pursuant to application dated JULY 28 , 2005 and app Building Inspector to expire on FEBRUARY 5 2007 _ Fee $ _ 300 . 00_ . Authorized Signature COPY Rev . 5/8/02 114 734 17 :1f) Peter and Eileen Walker a�� '' O'P .3/2_5/1/ P.O. Box 548 i U Cutchogue,New York 11935 1 3 MAR 2 March 25, 2007 6 2007 Zoning Board of Appeals ' o Town of Southold 6-Kt„fitx y, nip, r,{ml p-{e„ ,,,, Southold Town Hall �` /n�, ' Ceti 53095 Main Road ` c11 a2_ 7 as Ceti P.O. Box 1179 Southold,New York 11971-0959 Dear Board Members: We recently found out our neighbors,Braver/Gulmi were to have a Z.B.A. hearing request for variances # 5994, date 3/29/07. The sign went up on Sunday, 3/18 and we did not receive notification by mail until Friday, 3/23, six days before the hearing. We cannot attend this hearing because it is during the day and we both work. I believe two weeks notice is the standard procedure. These are our concerns. 1. The drawings we were sent for this project were both difficult and deceiving to read. (Copy enclosed.) 2. When we took this drawing to the ZBA, we were told the information on it was wrong. The construction began without us receiving a revised copy. The copy was never mailed, we had to pick one up. 3. No elevation change was addressed, so the garage/cabana/shed and fence is approximately 3 feet higher, making it more visible from our property. 4. Landscaping was not addressed. The majority of the plantings are deciduous and small. Driving in and out the right of way to our home, we see daily more of this project than we care to. So far we have spent$1500 buying, moving and planting cedars with more to come. Why should we forced to landscape because of their project? 5. We are concerned about the quality of our well water. A question we asked and received no response, was the issue of the cesspools. Prior to the swimming pool going in, 2 cesspools were put in. The contractor said they had a septic emergency. When we looked at their permit, it said no additional septic was necessary. Before the pool was excavated, another 6 cesspools were added. This time the contractor came to us, wondering where our well was. We showed him that it is approximately 100 feet away. He didn't measure,just assumed it was good. We called the town and was told to call the county and speak with a Mr. Brigham. Mr. Brigham told us he was sure it was just for P4P1\ck but would get back to us. Despite numerous calls, he never returned our call. We do not have public water, nor do we plan to install it. 6. The work at the Braver/Gulmi residence seems to be never ending. For the past 6 years we have been looking , listening and been inconvenienced by the constant construction. The bulk of the work has been done on weekends and holidays. The starting time is close to 7:00 A.M. and many times continues into the evening. We have not enjoyed the privacy we built our home for since these projects have begun. The town has granted Braver/Gulmi huge relief It is time to give relief to us and our neighbors. Their project has been "a change in the character of our neighborhood." All of the surrounding homes have been landscaped to maximize privacy. We feel the wooden fence should be lowered or replaced with a chain link one and evergreens planted in front of it, high enough to hide the fence thus restoring the "character of the neighborhood." Your assistance would be greatly appreciated in addressing and resolving these violations of the town code. Thank you in advance for your help. `in"e -1 2V Teter and Eileen Walker cc: Building Department • + DEC 1 9 2006 JOSEPH E.Guild' 4 F�3 it?c l 250 Pine Tree Court ill Cutchogue, New York 11935 December 18, 2006 BY HAND Board of Appeals Town of Southold Southold Town Annex Re: Modification of Variance 250 Pine Tree Court, Cutchogue Variance No.#5340- and Request for Fence Height Variance Dear Members: We are the owners of 250 Pine Tree Court. Or home is located on a comer lot, along Tree Court, an unpaved right of way off Pine Tree Road extension. (Tax Map No. 473889 98-1-7.11, Section 98.) This letter is sent requesting a modification of a zoning variance issued by the Board of Appeals in February 2004(Decision 5340 attached,hereafter"variance.") The variance permits the construction and installation of an in ground pool and garage/cabana in our front yard. We also request a variance permitting an"as built" six foot high fence along the west and north front lines of our property which encloses the pool area. We hired Bud Handle of East End Spa and Sauna, 1374 Main Road, Jamesport, to install the pool. East End obtained building permit 31335Z(attached). The pool's installation was mostly completed by December 2005 although many punch list items remained open. As part of our original plan, in April 2006, we obtained building permit 91932Z (attached) for the construction of our garage and cabana. As part of that permit process we submitted a current survey to the Building Department. The survey disclosed our swimming pool was installed by East End,on an improper angle to the property line (enlarged detail of survey and pool area in question attached). As a result, because of the irregular shape of the pool, the (for lack of a better description) west/north west section of the pool's scalloped edge, is 28 feet from the west front property line. In this section only, the pool is two feet closer than the variance permits. As can be seen in the survey, the section of the pool in question (28 feet from properly line)is positioned along only a portion of the right of way on the property's westerly front lot line. • • . • FENCE We installed a six foot high cedar fence along approximately 56 feet of the west front line and approximately 24 feet of black chain link, six feet high along the west front line. Along the north front line we installed a 6 foot high black chain link fence. REQUEST We request: 1.) A modification of the variance to permit the location of the pool consistent with its actual installation as shown in the survey. Essentially this modification of the variance will permit a 28 foot set back in an area where the pool is 28 feet from the property line(the northwest section of the pool along the westerly front lot line.) 2.)A variance permitting the"as built" fence, six feet high along the west and north front lines of our property. We fully understand the nature of our request. We regret that the pool contractor we hired failed to install the pool in compliance with the variance. Unfortunately, we cannot feasibly correct his error. We also believe the six foot high fence, as built around our pool in the west and north front lines, is necessary to prevent deer from entering our pool area. Furthermore,we do not beleive the modification or the variance we seek will cause a detriment to our neighbors' properties or produce an undesirable change in the character of the neighborhood. As is more fully set forth in our application, we request the Board to grant the relief we seek. Thank you. S ncerely, Or o ep4 Gulmi owner Enclosure Goin,( i 'boded,/ ,S 98 O S 0 Pl iu, Thu— c - , Cut7. I I to4--top3/03 I ' ? 01/4� 4434.0 - /H 712-910i -elect 1000/ tit silt c its-991 OA L .t, o 4fk J - 3%9%T/ AW/Coes s 70/67 1111. ) Sada god S 4 ag . 7 o o eueet Y, q w,,e, Designed ;S', £_al3I eerecl-rer Isl[r.3d Living" PL). Bi :t)'',•, 1\x1E L'POT (b31) 9 fl; -,;..� rff- MAY 2 9 2007 May 29,2007 ZONNG '-,10,2E1-L91-.AP PEALS To Whom It May Concern: Please send us a copy of the results regarding the ZBA for Susan Braver&Joe Gulmii of 250 Pine Tree Ext Cutchogue,NY 11935,including,if any,the conditions of the decision. Thank you, Bud Handel East End Spa and Sauna 41.3010 7 Z0/Z0 30dd VdS GN3 ±Sd3 Z8L9ZZLZ£9 617:£0 L00Z/6Z/9 / ..—'));\.)sj 0 . .. , . . OD ._., .0.- - , krt ,fir x c--:_.. _ :. `vI.l�JI/ � - - - •- , - _ • s� 5 r � ...4.:14.4.,,,,;.:‘_:,„,.:',.14.,..1.,‘,'_::„...,:':'-...,..1.,.11':,411r.,..''..--.4�. L',-'4':-"--'‘..,,,,-.,..,..,-(4-',,,:,'"J.8*'. VJ� ' a° ,.'"_...,'..,,,,,,.-.'4. i i iIh ....,..7-'''.,,,,.7,,..,,,,:....4',.' { pyx • _L .. . pis x �� p :,,, + ' �y+ Si6 _ . . . .. �. .ya .i; f. y1 �Y'r .. ..+'. �' Lr� i Fr-.- - Y - ''its: ?'. ' • Y9F . .. ••. tea . .` <` .�-. int . ; ,. _ , - ,�, _s D )jir:ji) ' _ it,A)-) p•tt . C. (1Yr1" ' 7)‘1)j)' LfrA 11' L a, a .. 01.Pcijo).1,11-)."t • pp� 0 . E S+" ,R tillIt ri 4' slGy► i err e` f , , .;fir La -rr= . "ea,� 'fit, ., y lit ` � � ' 4 } of - 6_1 01A-5' 1:itz4J I- f&- FeW l//in. Peter and Eileen Walker P.O. Box 548 Cutchogue,New York 11935 March 26, 2007R C ilr:4 Town of Southold Z.B.A. MAR 2 7 2007 Main Road =6,.tv A. Pki 2-1/07 i '-�/ Southold,New YorkZONING, ROAM OF APPEALS__. Dear Board Members: ,, ' ' a y. ) My wife and I are unable to attend this Thursday's meeting. It is during the day and due to short notice we could not get the day off. We feel it is important that we are present. The variance# is 5994 Braver/Gulmi. If it could be adjourned until April 26, we could both attend. Thank you for your consideration in this matter. Sincerely, g w Peter and Eileen Walker ,-,.....*”..-.,•• ••..-1•41.0..,,,.;•.-‘14•4,•,;:(Z.1,14.4-3,44 .1.4.....7.....v.-................r.............rewrawr....................... .........................-...............*.,.....................,,,,,,,,,,,,,,,,,...„:„,„„,,,„;„,,..,,,,,-...,,•,,,,,,„..,,,..,,,,,,,,,,..1.10.11,-............4,,,-4,;,N;,..0.,,,...,,vtiMwqgfe.s.c..:'..,....÷....,==,,,.....,..., ..- . , —•-• *.r• ., i,. „,, .e.......,.,. ,..,...,.....,,,.,.., ...„.."...,00"...” e^. „ --, 464- A.1 1....,• s,,, • • a: • , •..P • Y2 250 PINE TREE CT. ...."(-44'. ''''''44^..1- : :-:.0 CUT'C1-10Glib:.., N.Y. ,.,•-•7°. , 11 • Nk" . \*,, • , 4 • ,---,,:c ; ,-,.„2,, At • (..'ZI ri\1..\\ . i r . \ • • Q., • .nti C.., t . ... ... jp00000.4osog00000cos ' , tC, , -10/..;'''.: i , . i , K",•• . .... ... , . ,.. . . (•,•i. . ..2, 1.'7.. .. . .. ,...• •1, 'Lf.; .. 1 . •. , , .._-"t 1'. . 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Braver CTM198-1-7.11 at Cutchogue I) \O \a,s\ Qx REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant Grant of the relief requested!will not produce an undesirable change in the character of the ,neighborhood or a detriment to nearby properties. The applicants indicate that they want to use to cebena and garage with installation of both water and electricity for their own private use related to the new pool, but not for habitable or sleeping. Several of the lots in the area are improved with accessory buildings in the front yard areas. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than en area variance. There is limited rear yard available to place accessory buildings because the house is situated closer to the southeasterly corner section of the property, leaving two very large front yard areas and a large side yard area,also requiring relief from the code restrictions. 3. The variance granted herein is!substantial. The accessory buildings are located entirely in a front yard area instead of the code-required rear yard, and the property is adjacent to wetlands on the easterly border. 4. The difficulty was self-created when the lot was created from a much larger parcel of property, resulting in two front yards, and the house became situated closer to the south/easterly border of the property. 5. No evidence has been submitted to suggest that a variance in this waterfront community will --"z have an adverse impact onrthe physical or environmental conditions in theiahborhood. 6. grant of the relief is the minim l do action necessary and adequate to enable the applicant to enjoy 7 the benefit of accessory structures, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD:1In considering all of the above factors and applying the balancing testi under New York Town Law 267-B, motion was offered by Member Orlando, seconded by MeMber Tortora,and duly carried!to GRANT the variance as!applied for, as shown on the John MacLeod Riba, Inc. dated . ' November 16,2003,and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Only the utilities of water and electric will be permitted in the garage and cabana shed. 2. The pool shall remain open to the sky(not be enclosed or roofed).i � k 1 Page3—February 12.2004 Appi.iNo.5430—J.Gulmi and S.rraver CTM 08-1-7.11 at Cutchogue 3. The buildings and structures shall not be rented separately from the home. 4. No heat is permitted,and no living or sleeping is permitted in the accessory buildings. This;action does not authorize or condone any current or future use, setback or other feature of the subject prop rty that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. yaw of the Board: Ayes: Memberp Oliva (Chairwoman), Orlando, Tortora, and Dinizio. Absent was Member Goehringer. This Resolution r- my adopted(4-0). Ruth D. Oliva, Chairwoman 2/1104 Approved for Filing s • I 1 1 o 1 PARK ° / PROPERTY' 250 PINE TREE CT. % S.85° 42'9,0,E I CUTCHOGUE, N.Y. e b 1, • 0 1653 .: /` _- /49.66' Q�/ • / OvR - i Zone Al, ?. / °A?10 �\ ZG�e� °,aP N 1 y �e ?•4. 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LIC N0.49618wMAPM36I03C0164 6 MAY 4,1998SCALE; 1" = 40' PECONIEYORS 8 ENGINEERS RC CONTOUR LINES AND WETLANDS ARE TAKEN DEC.20, 1986 (63/) 765-5020 FAX 16311 765 -1797 FROM THE FIVE EASTERN TOWNS TOPOGRAPHIC SEPT. 19,2000 (Conloars, Wetlands S Flood Zones added) P O BOX 909 1? MAPS Nov. E9, 2000 (prop. add/llonsl /230 TRAVELER STREET - I I h n Jan. 2, 200/ (,14HWM. ) SOUTHOLD, N.Y. 119,7/ MAR 7, 200/ (wood decks 1 APRIL 22,2OOe r fired/" Cl& Ino T e, 'le- . . 411110 . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- ici - 1 - 7, 11 X COUNTY OF SUFFOLK) STATE OF NEW YORK) r) I, 41Cresiding at Si) �intiA 1 C . , 0 , New York, being duly sworn, depose and say that: 1 On the day of/----p2/L c9e07 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to thhat date of the subject hearing date, which hearing date was shown to be a P/L c9 G aew7- . IF , /1tla iZ (Si_ .ture) Sworn to before me this 164a day of A?g--z1 , 200'7 John M.Judge a NOTARY PUBLIC,State of New York ' rSt, i No.01JU6059400 Qualified In Suffolk County (Notary Pu35-1bl Commission Expires May 29,202.2 *near the entrance or driveway entrance of my property, as the area most visible to passersby .s' CERTIFIED 74-WAP7 3I/L rP•Rn9'i7l11i1 -A'P--T ,C'.." E_. 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IS- ...13 Sent To Sent To , 6 li Ca0 ... --- ' ' Cl Street,Apt.hlo.; trikA Cl t N or PO Box No. eu 0 th, 3 eS E3 Street,Apt No.; ,3 r , N or PO Box No. 1 r 1 rj.e.... t?i-A-e ...k -• Lo- City,State, ?_ ,. ._ dity,71614,704-4--- e(-AAA i k__ Lair ' I/q r k- (."-A.,\--(., • " I. 1 q.--. 1 f-:p, ,Farn:raP:49;"AL.19:6-tiP0g"-. `.... :,•...;:-„,..:".11,:iktiejefsefOrlri;t;iibtions'l ' 71.5•`..P.Orrii;3-8001Aygj.fft 2066-• .'-.1. -....„- ,..-,,.ee.,Ae).,', -6`.tol.-.4pstri;Ctio11s ,?"------- -....._.............----_.- DI. .•..c1.,.•8,:Do5fa:l•.=So.r.v,,.r..c,.enTu. - -:. :*.'•:- •..- ..._..,- . -- , ... , u.sP-' ostalSe rvice ,, '• '• ,, ', --:- '', TS - I a51TFIEymAiLmatbtltiCERTIFIED IVIPaLTmRECEIPT (Domestic Mail Only Na isfaneeSovetageTrovided) 0cnesticlail Only,iajsrancepovefab0,erqviced) 4-1 , _i website it:wyo...,,..,. ..1.. .,:6.0 m,,,;.., ,, ; . u-di :-.Fp- 2:,Ij ipry:!*nig'r‘frafc,..1,1 visit :,,..4 1,44ii,7.771.1.. SPS come :. •-,i .,,tor.7.4eliyOry information visit i?lir.v.re . USE. . 1;1 11, , t___ i ,,,551- A g , LA S E 1-2D ED - RMIPM09ellAL 14 P0=. = $0 39 0 `1 I IT Postage $ • ; , 51„... --- IT. postage $ $0.39 0935 ,IT IT ,---"-"--,- Certified Fee $2.40 I --'-'-' Certified Fee -$2.40 "04 ----: -- ; , t= Receipt Fee ...,, $1.85 i *-Li* Cl Retum Receipt Fee I-I (Endorsement Required) 2--3 (Endorsement Required) .A').; . -1 N i CI ' Restricted DeliVely Feei \ I, $0.00 1 -.'"-,-` ..-... Restricted Delivery Fee $0.00 - ' l I= (Endorsentent Required)1 0 c3 (Endorsement Required) - „...- - $4.64 r- Total Postage&Fees $- $4.64 04/04/2007 ,--;" - N Total Postage&Fees $ 1 r --7--41-----..* ru - -,,'" .. - Sent o n ,A„! _ 0 & '.J3 Sent To 1 •- el/ 6R .......7.;, I • KA CIA___..F.A.,. ._-#, (_> cz ,1:3 .1 :al Street Apt Ro.; , (JO,_,.., r... or PO Box No. 35 0 Cei - P ' , , - ,. Cl4r,State,ZIP+4 (du,...L.- ¶3 - ,- City,State,ZIP4 -1,,,,...5,...„6 Io . - i -_ .',.7•` -, - - " 'i'" t 1 t l' --I • ‘,.." " -•`' -•' - -"•"... 1 ' :c• •' ''., ".. 'i'-'1't cr"ttlyn-gf, . PS Form38001August,2006. . . , • ' .... See,Reyerse. or.ns ruc to s -,,--:_-',I.‘,..'„'._.,5...ge Reel...st-oarls ....--- . , ,-, - , • • . , • . 14 S: Pbstal.S-ervIceir:i . , . - - - ..... . , . '' =.tERTAFIEti:11/1ILT,RECEIPT = • Er ' (botn6stiaiiiiaii onirNo,insufance Coverage Provided) - - , LnFpr d fi'veiry:ififorWritibil-vigivou-r•web6ite.at v6mrwlusp .e91"rie F. 119CllAL USF) . -4 1 ....• = • L01.7 IT' Postage $ . P9-0 '‘, 0" - 9 - 1 . Certified Fee ' <4 o ..---' $2.A0 r',11,,,01K . stmark\k ` ' , t=1 Return Receipt Fee5; „.?..- (Eridorsement Required) $1.85 -A-( - A- 1;lere 1. 4.,-1 . Cl Cl Restricted Delivery Fee - vel... ,, -.... . im (Endorsement Required) 80.00 -1,*-\ -, Pi . . .1'3.... 4i ...11 \I.-2.... ..............,,,"eN',..' .3. - . r- - Total Postage&Fees $4.64 04/Cf4/2007 , . tu ' -.0 Sent To -, CI- 0-)LI-.-2, _ . c3 Street,Apt.No.; ? r-. or PO Box No. 0 i:.5.Q.(......5}.1E . - . City,State,ZIP+4 Cx.),..) - 1 -\--1-1 \- - ---- - ' ' - • .1 1---ci-c.,i6 ...... . ..,...§:62.Re.,,,mse2tpr.51s...tit..,1 _ — 1-P. i 17 , • N a , 1III ZONING BOARD OF APPEALS - TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel #1000- 48 - i -7. 1, COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JCEL=k�- GUI M I residing at ) 51) 1 Ne nee a - GA--c_kiv_ New York, being duly sworn, depose and say that: On the '1 day of 4p12- ► C ,(DC` , I personally mailed at the United States Post Office in C +L ,tO)1/4-)-Q ,New York, by CERTIFIED MAIL,RETURN RECEIPT REQUES IED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property OfEce ''p (A uj J of S c-4t�t2for every property which abuts and is across a public or privlt,e street,pg,we i'.ular right-of-way of-record, surrounding the applicant's property. - - J.'� ( i, ature) Sworn to before me this li i64''day of Aea.31 ,2001 0 1B5-1 .\--%-. Ei)1.43oAlli .Judge ,��,,�� Y PUBLIC,StateofN York;,-�J U6059400 Qualified In Suffolk County.J 1 (Notary Publi Commission Expires May 29,20 . .) PLEASE list, on the back of this,Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. o_c_ P p )/ • cam Q �_ 1 2 '-L I — J ,2 c rtc( 2 1 — M fa co-s 17v/4-(- �-r Lie), - .. _ .. .. U.S. Postal ServiceTM U.S. Postal Service,. CERTIFIED MAILTM RECEIPT CERTIFIED MALLTM RECEIPT ==.. (Domestic Mail Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) 14 For delivery information visit our website at www.usps.coms u'! For de livent3Snformation visit our website at www.us s.come. GI OI lE i t 1190, r E rt ..1 f �` " ' ` R%� `.}3 u ! x r t xm � tj7 ot, IT— k`.;:at It a x, s ii,aa .. x. o- $0.39 0- Postage $ $0.39 Q' Postage $ 09 IT �� S v" •�---� Certified Fee $2.40 cd 41 d� Certified Fee $2.40 �{ \,s IM ° Postmark r�{' ��(7 CI • Return Receipt Fee Here Return Receipt Fee $1.85 • f{� CI (Endorr,•cdent Required) $1• ‘ C (Endorsement Required) D �`, d O Restricted Delivery,Fee pi Restricted Delivery Fee $Q•QQ o ->i. d C (Endorsenent Required) $0.00 I. (Endorsement Required) pb rt'`� $ $4.64 0444L79051 -`n C` Total Postage&Fees $ $4.64 I''tai i�� Total Postage&FeesfU Sent To Sent To 1 ' CD _ Je(Z�a2 0-1.14 , o p Street,Apt.No.; O /Z-^V N Street,rOApt.No.; I OO ? Pe-110 j _ N, or PO Box No. IIS`l_.l5A-1E- or PO Box No l City,State,ZIP+4 (� � 3 / City,State,ZIP+4 r I (�S 1 .W l7`l 1 • l PS Form 3800,August 2006 See Reverse for Instructions `pS Form 3800,August 2006 '° See Reverse for Instructions U.S: Postal ServiceTM '1 U.S. Postal ServiceTM '' CERTIFIED MAIL. RECEIPT CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) 1:0 (Domestic Mail Only;No Insurance Coverage Provided), • ' Lo For delivery information visitour website at www.usps.como u'1 For delgr:,rya'71;i nlatio{ryisit our website at www.uspp.com® i° Postage $ 0' Postage $ $0.39 0935 $0.39 935 Co Certified Fee $2.40 "1 'ryn °- $2.40 0� 04 0�� O Certified Fee y fp� Postmaitc,n . l,, Pos ark Q Return Receipt Fee =EN o� Hera 0 • Return Receipt Fee $1.85 ( Here O (Endorsement Required) e00C'. O (Endorsement Required) �� C Restricted Delivery Fee "7 $0.00 CI (Endorsement Required) $Q•� CY Restncted Delivery Fee r Ors t t (Endqrsement Required) r'� I"- Total Postage&Fees $ $4.64 '64/04/2007 _- \` f`.. $ $4.644101 4 ins,', 7 Total Postage&Fees RJ \ :2,., �Y\/ [U .a Sent To OP.(02- ..D Sent To I=1 ohApt.No.; N PO 3 3 cefo 'or PO Box No P ° N orPO Apt.No.;� fx OY es or PO Box No. City,State,ZIP+4 ', i r; ,l City, ZIP+4 _ , ] ( �f� t l l lJ e LANA( C. iia 1 l PS Form 3800,August 2006 See Reverse tor Instructions PS Form 3800,August 2006 See Reverse for Instructions r U.S. Post.,F erviceT CERTIFIED MAIL. RECEIPT uirtj (Domestic Mail Only;No Insurance Coverage Provided) Ill For delivery information visit our website at www usps.com® E lr' Postage $ $0•39 ' Certified Fee $2.40,/,<,) t \`S� in o," Postm ok 1:3 Return Receipt Fee $1.85 ? `te, Here O (Endorsement Required) tf) _ A e Restricted Delivery,Fee $Q•� (70/ in (Endgrsement Required) t_ `D $4.64 /to\yo4! >, N Total Postage&Fees $RI ,� 0`)O , Sent To . . C street Apt.No.; f r... or PO Box No. L r 2 live._ 1 R-tR ' City,State,ZIP+4 r PS Form 3800,August 2006 ' See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETF:HIS SECTION ON DELIVERY ' ■ Complete items 1,2,and 3.Also complete f,'47-'�"� ' item Y If Restricted Delivery is desired. s.„...00000.0„....,- 1=1, .-•t � _ - ❑ t ■ Print our name and address o� -= ev i _ J ajd =sees I so that we can return the card to yo -ived by Printed Name) D.te• D-i = ■ Attach this card to the back of the mailpiece;, ► , _ 0/ 1 or,.onittie front if space permits. -Ai11 11C= - - ' •`tl '' D. Is delivery address different from Item 1? rl Ye- ) 1. Articfe�Addressed to: ,f, If YES,enter delivery address below: B No liz ;' 1 =�a aco S ` 1 J •-r..1' 1. 3. Service Type 11 ❑Certified Mail 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. { 4. Restricted Delivery?(Extra Fee) 0 Yes { 2. Article Number 'c s::. : r- :: .. : : , : ' • : .- (Transfer from`senilce latieij I'1 '• ' 7 0 0 6 i i 2 7 6 t0 '0 0 0 0: 9 9 4 8 1;0 5'18 PS'Forrn 3811,(February12004 Domestic Return Receipt 102595-02-M-1540 II 1;SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Signat ❑Agent item 4 if Restricted Delivery Is desired. /�' i, I • Print your name and address on the reverse �.�- ' ❑Addressee so that we can return the card to you. B. Received by(Printed C. D=t of�/f' NI Attach this card to the back of the mailpiece, f I a( iName)m ,./76,717 � U / or on the front if space permits. 0 D. Is delivery address different from item 1?0°-Yes 1. Article Addressed to: If YES,enter delivery.address below: C` o 2. k Jz t R t�-Sc.�t e a_ G ` a . I i CI 3 D 3. Service Type C Ct v �""� l ❑Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number r 1 7006 2760 0000 9948 0525 j1 (Transfer from service labs- PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE THIS'SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION • Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. ddressee • Print your name and address on the reverse 18)le of Delivery so that we can return the card to you. B. Received by(Printed me)■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery resp i-"tit m m I? 0 Yes 1. Article Addressed to: If Y• ES, tap livery ad••-ss elow: li:LNo IZ -P-eCik-L p...c13 tipTli(€ < ,...., I,,,...1.. w 330 . cz = t..... _Ay 1j� ) 3. Service V� �`'a 1 ❑Certified Mail 0 Express Mail o 0 Registered 0 Return Receipt for Merchandise 1 l Cl' 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes , 2. Article Number 7006 2760 0000 9948 0532 (Transfer from service label) 102595-02-M-1540 i IPS Form 3811,`Febri ary'2004 ; 1 ' Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A S:iii r= , �1 item 4 if Restricted Delivery is desired. X , \ I' ❑Agent ■ Print your name and address on the reverse • " ❑Addressee so that we can return the card to you. B. Received by(Printe.k- e) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addresie"d;to: D. Is delivery address different from item 1? 0 Yes •s, .k; If YES,enter delivery address below: .1 No M(Z ;114(z5 N\,(ocea. l 106 ?i,v c cis - ,I D p� , 3. Service Type I (`f k�o V_ -1' I �� ❑Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number iT _ - (Transfer(rani servicelabel) ' '7006 • 2760' 0000 9948 0556 ' I PS FoWni381 1,'February 2004 i !"r Domestic Return Receipt 102595.02-M-1540 '( ZONING BOARD OF APPEAL MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at.North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net (Apr,L 2.1, 2007 Re: Town Code Chapter 55 — Public Notices for Thursday, April 26, 2007 hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 11th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us; AND not later than April 12th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the,green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. - 'I . Revisions i...iv 06-1 -96 4 11-14-96 § 03-24-97 SEE SEC. NO.086 06-10-97 ' 9 SEE SEC.NO.086 .7 , MATCH _z --I „ F: OT IA 0 06-20-97 N 290 Roo L., MATCH LINE „ 202 22 10-20-97 Z ,E. ,93 - _ 01-06-90 LA F. El ss, " 6 06-06-99 1'..4E' ' 93" MI s1A 12-06-99 FOR PCL.NO. "1-43.• g'§' ,' „, t H '5 SEE SEC.NO. 07-05-00 1.3 -24-0 085-03-011.2 I4.9A 0' 080 0 ,,,, 3 Z %....,' I 1-29-00 99 "S''''a ,.. IA% a, 01-12-01 .6. ,a. 11-19-01 ,. 9` 11-27-01 Ct° J., '0 0 ..,,..3,Y% -- .'' , . 01-28-02 a '..k. ., t.3'. Ye' 0, . 03-03-03 9 ..'s4 1201 .0,31”; -. 01 "1:6 s. 03-01-03 4? 5.8 % i 0 `‘,.1 - C5' te,I. 06-20-03 dir " '' 1.5tj'C. 4 '''' ,I, IA . .CY Aa 6... /, 091 iv ,. ,, ,.: '2.• , 6Ie 5.. - IS NW" „ 0 %„s•30 , - ; - 1104 -1, ,I,8 --- NOS ,..""cistr-Ci 100„,-5: ,N I om% D, i., ,':" to,..< '4 :0 101' ,,, ....'' ,s'1;%'' ,s, ..02. .0 :,...5 29% \', 82 . C?' 'I-- w ,a .7" os t'.lAi ' 7" 41. ilAA-f?' 6b : 49(5).- /- - , , _ ' 7. 1 7 -0, .6. ,, -, "' r• a'',,,, s 49., • -4_ • .K•f?s 7. do ‘11, " , ,r1 22 21 '' „I , .°6 S' 10-1 r ao- v 1'r-2-19 C v 00 ,8 ,„, ,,,,. FOR PCL.NO. v' 44, 9.oll ,,„ .., SEE SEC.NO. tr,- w 097-09-010.4 k22, `S,9,:. ....-- ,•s.5.1_,‘"‘ s N .c•1). ,,:9 * ..,. o -_ t-- v _ E 16 2 E ., - \ , ,p eo FOR PCL.NO. SEE SEC.NO. 097-09-012 -- 1.2A1C)— - NI a - ay i2. 6, "' 1.54 ,‘:, <T. i< " 11. ..\`'•,:2' ... 25.1 11 '.2".0 1 1 '''" 155 „ O. 1022 ':":,'" „• nis ' 0 , o„ r / /' , .15` , jgniio \ ,...,1„. , .1: ITA A "P N .• 9Ar co•,F ' ...0. '"z, SHORELIIIE\ - ' ' '/''''' ''''• ' 7- s--8" 28°' Ci` FOR PCL.NO. „ <11,,,„00.,,Y• ....‘,` •ir, %.•,,,,cc., ,,,,,,,,„ .„,,,-;,,,b 4 ,.,,,,e„\.......-v,..,,,,e,'e, oz,„,_\\2 SEE SEC.NO. TOWN OF SOUTHOLD' 1? '4, °.'8'cES\‘`' c% '•',r '''''/'- N 292,000 ,......- -o • , /7-,',„., „ss, / ' .,-- se .,,, 16.3-- N 1. „, ---. N ,•? -"" Nc ' n' ,..d2,..,-I, MATCH Z LINE , 7 / ', 0,s,-• ,,, . ---.... ,*. N? ., 1,,.. % ,' ':),, ,,,,. . . .....„...„ i /^.°' • , \---------------------------------------------------- L Property or RI One Sthdlomen Lo No 1321 Nock LSO .--.-...-oo ,o School District Line —-SEW— ',V.,01.9,109 ARA —-H—- UNLESS DRAWN OTHERWISE, ALL E Demi.Common Omer --ZSt6dIvIsion Block/Oldg No (21) e1.09 aa Fire District tine —-F—- Roos Doom Lim —-F—— C 0 StIodIvision Lot Line - Deed Dimension 02 Tater District Line -V litstoricadllstrict line HST — EFrs,,,,R,:. WITH1452:::42,9 THE ROH:LYEAD,,Li,R,;/;___IlsTIG_ N Stream/Shore "-"------ s Scaled Dimension us font,'Line - Licint District line --I-- Amtkdance District Line--A-- LIGHT REFUSE 90 D Parcel No 23 Deed Area 12.1 A1<0 or 12.1A T°.Line —-— Park District Line —-P-- lastemter District Line —OW—- AMBULANCE NASTESIATEF Cdallated Area 12.1 Alc) T11'110.limo —•-•-•-- Sorer MORO Mae —-S—- ti - it r`�_L 47 tot '�.r . • 9:40,A:IVI='JF�RRY°anti nL,INDA -be, than;35-;feet from the rear lot line Location 'of f-ProPetty. 460'Nor thviewl-; •1VIATEJKA'#6018:''Re4uesffor a'Vari- and the.lbtcciverage will exceed-the code- Drive;�Ortent;CTM 13-1=5.2.«: ance'under,S`ecttlott;' 0-1 285 base'd;on=the antitail*OT,20'_perceritbuilding cover= M' 11.00`A .JOSEEI` I_and, ' equ aptilicahts'restktoYaniei{d'`.Building age.,Location`of`'r pprty.- R'735 Jackson,, SUSAN'BRAVE #5994. OLM Request Permit No_32557-4 bassed'-oirttie•Bufld= Street New Suffolk;CTM 117-9=6: Variances under',Zoning Code`Section- tng?Ins'pector's j ebruart i2r'2007,Notice =10:1 °A-Iv#;LTI DABBRTt1 TT#6022. 280-105;Tbase on the'Building'Inspec-' !;-,OtDisapproval coh'ertiing the.'eiiistirig Req,nest•for�a;Vattanceeun4er;Sections to'r'n December 11;2006'Notice'ot garagerlocaterl iii a,yardiotherythanEthe• 280=122A`and;280;124;based on-appli- approval'concerning:an'as-builfr'fence: code'required ear yard`Tire new con- ,•cant's Jaquany,22;x2007,appheation.re- , exceedingthe-code-limitation'if"four• Sir ichors laces the effisln%g garage in -questing a buitdingperiniVto;construct a - feet in height`dhen located''''oralong' aside yard,atp00;54o41o1Road;Cn;, porch.additiin;,andtheiBhildinginspec a front yard and'und'et=former'Sec= tchogiie;CTM x03;,10- 7.`•4 •.1 ters:Notice of:IX.i,approval stat'ig that tion•100 33-(now 280=1'5)fbr relio,fconi i 9 4S A;1VI: JO 'Ai`1I5;,VIVIAI the'•new addition wtll egpstitute.an.in Condition under ZBA'No:5340 concern= ANEMOYANIS-40i9;..'Request fo a: 'crease inth-e'degree of$onconforrrrance ing`thelocation o>air a's-`bunts`wtiiiming i Variancejunderz;Section 280124,based_ under -Zoning{`,Code;:Interpretation pool(ref B.P~#91932=Z);at less'than_30 "on•Building Permit;.#32427,Z1.and,'con- -#5039;AWalz);whenconstructed•less_than,, feet'from',the'rfront;lot line:>Locatto'n'. straction o1;,thededk addition;,a;porner,; 40ffeet,fromltliexfiontlothne-at`North' -of zproperty:ISO:Pine Tree Court;-s Cu ' of which is less than 50'feet from,the rear:• •Ba' ie' -Ro`tL-Location<of-'_Pro ert n t I yv- �v: a P v:_ acliogue;'CTM I.lot line at itsclosestpoint at2460Light- x•1380;Oakwood:,Drive�Souttold;-CTM The`'Boaiii'of Appeals"will`}ear all" -,house,Road,-Southold;'CTM50-4=2.2- 70=12= 2:;'• t. =T 'd = "••• persons;or their-,representatives;,desir 9:50A.M.,'CEL,ESTE SHEVLIN,and '10:30"A:M:LEII,A=HA'DLEY LUGS -uig to'lie heai3,at!each hearitig,and%oi, -PATRICIA-.BOOKE',t#6021.,bequest- #6015._Request for,:-a.Variance_under -desiring to"submit writtei statements" for ti,Varience'under_Section,v280-124, Section280-l24;"based_on the:Building before tlie-con3lusion of each hearing.' - ---LEGAL-NOTICE based on the;appli'caiits;requestfora _Inspector's August A25;22006 Notice''of , _- S3O#UIITJ$,HSO�LADI,MRII:26,007 ' '-•aa�nd_•the Bu ding g; g,. E ach-'hearingwil_got start_.earlier--than ;TOWN ZONING; •_ constnicffadd_tions- ,Disapprovalamendtd;Mazch.7,-2007- designatedatioveFilesaieavalable�o ' rBOAR�OEAPpEAL25' a, reviewduringregulaiusnesshorsad 1nspecto?s_Notice,Tof• ' I ?; yz;_sPLlBLIC1EIEARINGB=_=" -_F Disapp'ovai amended=•MViarch 8 20107; dwelling-of•less;atian:35.feet Tromthehave uestions,please'do not"liesitate to ,;NOTICEaIS:HEREBY•GIVEN,ptir- =stating the riew;coristitretioriwiIllie=less westerly-,front yard`loCline;ioc`ation of coi tact oiu2office at;(631).,76 -1809,or =tialit oFaSeCtion--267:.of Gt1ie,TaWn L aw> .,tli'il-'40;feeattirn lie front lot-line facie Pro a `West+Side=of,MoiitaukAvenue= g-� ,p_TtY��- by;email: andl4 "aater280:(Zoning),Code;of-the:4'.=WunnewetaRoadfIocation:ofPropetty: and-East Side of psrvate-right-of-Way, old. FYUS. _ los i of Southold,-the following public - 1020 Vanston=.Bead+Cuichogue;-=CTM Fishers Island,CTM 10 81:2: , Dated:Apn1212007 : '„ hearings?wrll be'held lid_th --SOUTH', ;`104=12'11 -?-, " ;; "' 10:45 A:M'LENNY and RANDEE - 'ZONING BOARD OFAPPEALS OLD-TOWN ZONING OF- - 10:05,;`^A.M-, PAUL CACIOPPO• DADDONA-#6023«Request,for a.VariJAMES DINIZIO JR CHAIRMAN APPEALS at-`the';Town Hat; 53095-;#6020.'Request`'mfor,-Yariance`s'`based'on ance under-Section,2801`5;based onthe ;,By Linda Tsowalskt •iM'ain'=Road,''-`-P.Ot Box_1179;Southold, 'the,Building`In'speetor e,Match 6;2007 applicant's requestfor a building permit 5405 Main Road(Office Location) •`New York.1'197110959;on,THi3RSDAI;- adeudedNotiee ofDisatiPTOval;stating. to construct-a swimming pool,and the 53095 Maui Road(Mailing Address) ' APRIL26t 2007:='='%" : ^=`''"`,"'-;=% ;`(1)under Section 480=45;the side yard Building Inspector's March 9,2007 No- • - P.o Box11179. " 9:30'A,M.'ALAN^SANTOS"'Want. 'setliack shall ni tb'eiess`than'ftie feet;• : tice:of`Disapproval for the reason it is - Southold,NY 11971=0959 Request for a Variance Sectionunder:, 'forthe'fexisting`accessory;cottage;`ap =' proposed in'a;yard,other than the code- 8319-1T 4/5- "2;8b'15-B;basedon`the .Building Inspec- prrbxtniate1y`16 feet'in hei'ght•'(2),under- required rear,.yardsin,this 324538,0_,ft - tpr's D"e`cemtiera3;2006"Notice;of�Di's;;_ Sectioif280`-15B;the existing accessory- lot with two fionLyards,at=1380;Calves_ approval'.concerning aproposed shed garage will r'esult;in 4.240'4:S40Iocation Neck Road Southold;' TM 63-7;25.' attached'at'the side of-,the..,dwelling; • #8319 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 1 week(s), successively, commencing on the 5th day of April, 2007. It 0 nr (2 Principal Clerk Sworn to before me this day of Wa 2007 UI 161-La( CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OP NEW YORK 1.46. 01-V061 018080 OuoIlfl.d In Suffolk county Commission SkpirOs February 28, 2008 OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54376 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http;//southoldtown.northfork.net Email: Linda,Kowalski anTown Southold n us Jayne.Martin(Uown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 731-- - 31- MEMO /� TO: ,EJ�fJt)C� [)//44 DATE: ,3/02 RE: ZA i 579(/ s I Draft hearing April 26, 2007, Gulmi and Braver. 2 3 CHAIRMAN DINIZIO: This is a request for 4 variance under Zoning Code Section 280-105, based 5 on the Building Inspector's December 11, 2006 6 Notice of Disapproval concerning an as-built fence 7 exceeding the code limitation of four feet in 8 height when located in or along a front yard area, 9 and under former section 133 (now 280-15)for 10 relief from condition under ZBA number 5340 11 concerning the location of an as-built swimming 12 pool at less than 30 feet from the front lot 13 line. Location of the property: 250 Pine Tree 14 Court, Cutchogue. 15 Is there anybody here representing this 16 application? Yes, sir, can you state your name 17 and address? 18 MR. GULMI: Joseph Gulmi, 250 Pine Tree 19 Court in Cutchogue. 20 CHAIRMAN DINIZIO: Michael, is this yours'? 21 It's a carryover hearing. 22 BOARD MEMBER SIMON: Briefly, since we 23 have already had sessions on this hearing before 24 now,we don't have to go over everything. The 25 notice of disapproval has to do with the as-built 0 0 1 2 fence,which exceeds the code limitation. We have 3 heard testimony regarding the need for that 4 exception and the deer and the leaping of the 5 fence and consideration of that. So I assume what 6 we are hearing today is further discussion of that 7 particular issue. 8 BOARD MEMBER WEISMAN: Well the neighbor 9 had something, and we wanted to give them an 10 opportunity. 11 BOARD MEMBER SIMON: From the applicant 12 and from the neighbors. 13 MR. GULMI: At the conclusion of the last 14 hearing, Mr. Simon,you asked if I could obtain 15 evidence of the deer population in our area. I 16 went ahead and tried to do that. I would like to 17 supplement the record that was developed at the 18 last hearing with photographs. May I approach? 19 These are photographs of the deer tracks 20 throughout the property. All of them are in the 21 front of the house and in the proximity of the 22 driveway and the pool area. Some are in the back 23 as well, but on the side of the house. I also, as 24 evidence of the deer population took photographs of 25 the various plant material that we have growing on 1 2 the property. The deer seem to really enjoy the 3 rhododendron. They have eaten just about 4 everything outside the pool area. All of that is 5 really circumstantial as to the size of the 6 population, but I believe you, Members of the 7 Board, actually visited the property and are aware 8 of how many deer frequent the area. We are right 9 next to the wetlands. 10 In furtherance of our application for a 11 variance we also are going to address again the 12 height of the fence,which is a six foot high 13 fence, both cedar spindle and it joins a black 14 chain link fence. What I did with the original 15 application, I made photographs of the fencing 16 from the right of way which is the area our 17 neighbors would see it from. There are three 18 photographs of the three photographs of the 19 spindle fence, the cedar spindle fence,which are 20 all shot along the right of way, the west side, 21 I'm sorry, there are four, and what I'd like to 22 call the members'of the board's attention to the 23 fact that I left in along that right of way the 24 oak trees that were growing in the area. You'll 25 notice that all of the oak trees that are growing 1• , 1 2 in the area, their lower branch structure is 3 several feet below the top of the height of the 4 spindled fence. When these plants are in leaf, 5 the top of the fence is not visible, certainly not 6 visible driving in a car riding by or standing out 7 on the right of way. My intention was to further 8 landscape the area at the time the fence was 9 completed was the latter part of the summer. I do 10 not intend on screening the fence with evergreens, 11 although I will use some of them selectively. I'd 12 like to give you now photographs of the property 13 opposite my property along the right of way where 14 there are the indigenous cedar. And what one can 15 observe in looking at those photographs is that 16 the cedar have a tendency when they're in the 17 shade to die out on the bottom, so essentially, 18 I'd be planting an evergreen which would get 19 higher and higher, but wouldn't effectively screen 20 the fence. What my intentions are are to plant, 21 if I can find it, an evergreen that the deer don't 22 seem to like, I understand and know that licotia's 23 one of those plants; however, on my property they 24 eat it all the time. Andromeda is another; they 25 also seem to enjoy that. I intended on clustering 1 2 it. I don't think that I need to screen the 3 entire fence, but I do intend on front planting 4 it. At the last hearing--let me just also hand 5 you a photograph of the northwest corner of the 6 right of way where there are indigenous, I think 7 Russian olives. Although I understand that this 8 is not an excuse or a justification to having a 9 fence that's six foot high, I did look at the 10 surrounding community in which there are a number 11 of fences right here on Pine Tree Road,which is 12 even with the front of the house. I understand 13 that that's different than my property. It shows 14 a six foot stockade or privacy fence. Here's one 15 that's five feet that's along I think it's Luken 16 Drive, there's the stockade fence that surrounds 17 I'm not sure what. 18 These applications I understand are dealt 19 with sui generous. So if you take a look at my 20 property, I'm living on a corner lot. I live off 21 a right of way. I've tried to design the property 22 so that I could maximize its use. That's why we 23 requested a swimming pool which had to be placed 24 in our front yard because I don't seem to have a 25 rear yard. I don't believe that this fence 1 2 changes the character of the neighborhood. I 3 think that the fence is tasteful. I think if it's 4 properly landscaped it's an asset to the area. I 5 don't think it detracts from my neighbor's 6 property, and I don't think it detracts from the 7 character of the neighborhood. And it's essential 8 to have a fence at least as high as this one 9 because I have deer everywhere. They have not 10 gone into the pool area, and we discussed this the 11 last time, since I put the higher fence up. I had 12 a temporary fence around it,which was a four foot 13 vinyl fence during construction, and I had deer in 14 and around the pool on a continual basis. So I 15 think given the circumstances of where my property 16 is located, I don't have much of a choice. A four 17 foot fence is really not a deterrent to deer. I'm 18 not sure that a six foot fence is, but they seem 19 to be lazier. They graze around the pool area all 20 the time, and the tracks that I made photographs 21 of are the surrounding area. They're on the 22 driveway. They walk around the back of the pool. 23 They're in the front of the house all the time. 24 They're constantly looking for food. 25 So I think in order to preserve and 1 2 protect the property, especially now given the 3 fact that I have a pool there and I have a solar 4 cover which is solid, my concern is that if the 5 deer gets into the property, that it will wind up 6 in the pool, they're not the smartest of all 7 animals. 8 So, I think it's necessary. I don't think 9 that it's excessive. I certainly don't think it 10 changes the character of the area. I do intend on 11 landscaping more in front of the pool. I'd like 12 to do it with plant material that works with what 13 already exists. I left the oak trees there 14 purposely because the branches were lower than the 15 top of the pool so it--top of the fence so it 16 does obscure it. And I think that the variance 17 should be granted. 18 CHAIRMAN DINIZIO: Anybody on the Board 19 have any questions? 20 BOARD MEMBER GOEHRINGER: No. 21 CHAIRMAN DINIZIO: All your questions have 22 been answered? Is there anyone in the audience 23 that would like to comment on this application? 24 MR.WALKER: Peter and Eileen Walker, 75 25 Pine Tree Street. We do find that the fence is 1 2 overpowering, and as far as the immediate area, 3 there are no fences in our immediate area that you 4 can see. I also took pictures and I agree,we do 5 have a deer problem. I mean, I see could be 10 or 6 20 at a time in our backyard. We have a pool,we 7 have a four foot fence, and we have never had any 8 problem with deer going in there. As far as 9 changing the character of the neighborhood,you 10 know,when we drove down, I have an aerial photo 11 before this went in (handing). You can see where 12 we drove in. This is where we put the tennis 13 court. This is where we buffered that 14 (indicating). 15 BOARD MEMBER GOEHRINGER: Pass that down, 16 please. 17 MR.WALKER: We have never objected to any 18 of the variance requests that just driving down 19 every day in and out and seeing the fence and the 20 structures beyond the fence we would have no 21 problem if they were buffered, and we did not see 22 it. That's the main reason we bought and built 23 where we did when we did. It was very private. 24 You could hardly see any houses of any of 25 our neighbors and there are no fences that you can 1 2 see within our immediate area right there,the 3 Pine Tree extension,which is seven houses. 4 BOARD MEMBER GOEHRINGER: Can I ask you a 5 question Mr.Walker? 6 MR.WALKER: Yes. 7 BOARD MEMBER GOEHRINGER: Can it be 8 buffered in the original position or the position 9 it's in now, or would the fence have to be moved 10 back in your opinion? 11 MR.WALKER: I think it could be buffered 12 where it is, and you know, you have,fine the oak 13 trees are there, but the oak trees are deciduous, 14 so more than half of the year we're looking right 15 through it. And we have had no problem with 16 cedars. Or you know, something else, again, if we 17 don't see it,we have no objection to it. 18 BOARD MEMBER GOEHRINGER: Would it only be 19 on that road area of what we refer to as the road 20 frontage coming in, if the Board was so inclined? 21 MR. WALKER: Pretty much. I've put cedars 22 on the other side and I plan to put more on the 23 other side. But that immediate area where you 24 come in and you look at it, it stands out. 25 BOARD MEMBER GOEHRINGER: That's with the 1 2 wood fence? 3 MR.WALKER: Yes. Yeah, I mean it stands 4 out, yeah. Then you're looking through the wood 5 fence and above the wood fence at the structures 6 that were put in. It's not the way it once was, 7 and I don't expect it will be. If we don't look 8 at it, that will be fine. Whatever we have done 9 we've buffered. 10 BOARD MEMBER WEISMAN: Well,your neighbor 11 has testified that his intention is to do that and 12 to mitigate; he probably doesn't want to see 13 through it either to the road? 14 MR. WALKER: I would hope so. 15 BOARD MEMBER WEISMAN: I suspect that you 16 are probably both on the same page in terms of 17 your mutual desires for privacy and screening, and 18 it's a matter of a landscape plan being developed. 19 You clearly understand plant materials; you are 20 familiar with various species and so on, and given 21 the current landscaping that you already have 22 included, I should think it would be tastefully 23 done and done in a way that doesn't have visual 24 impact from the road; is that fair to say? 25 MR. GULMI: It is. I don't want to 1 2 continue to debate this because I think that in 3 the end, Mr. Walker and I are both in the same 4 place. We live in a kind of unique area. We're 5 off the main road, and I think it's both our 6 intentions to enjoy the seclusion that the area 7 creates. But there is a logical inconsistency in 8 the position he's taken. I fully intend on 9 landscaping by the pool area. But if you had me 10 reduce the height of the fence, you expose more of 11 the cabana and the garage. So a six foot high 12 fence if it's tastefully landscaped in front of 13 it, I guess creates the screen. But if I reduce 14 the height of the fence, that just opens up a 15 visual view into the property,which is--the 16 reason that the fence is six foot high is both 17 aesthetic, and as I said, I'm not sure why the 18 deer don't go into the Walker's pool area, but 19 they're around mine all the time. I do intend on 20 landscaping it, and I'd be more than happy to work 21 out some solution with regard to that. Not 22 because I needed to be pushed to it I intended to 23 do it in any event. If that's really what the 24 concern is, I can address that. 25 BOARD MEMBER GOEHRINGER: Just so we're 1 2 close, and I apologize for jumping the gun, my 3 feelings have always been constructively, and this 4 sounds like we have a possible constructive 5 situation here. We are referring to between the 6 right of way and/or the road and the fence. 7 You're talking on the inside of the fencing or 8 your talking on the outside? 9 MR. GULMI: I'm talking about on the 10 outside of the fence. The inside of the fence is 11 right now landscaped. 12 BOARD MEMBER GOEHRINGER: I understand 13 that. 14 MR. GULMI: Yes, it's on the road side of 15 the right of way. I guess when they cut the right 16 of way, they created somewhat of a berm. So it 17 would be planting on the road side of the fence 18 along the berm. 19 BOARD MEMBER GOEHRINGER: Now the next 20 issue is that of some sort of a drip system to 21 allow that to be--or would you irrigate that? 22 MR. GULMI: I already have put-- because 23 my intention has always been to landscape that 24 area, I have already put the sprinkler heads or 25 line out there. I think the fence went in some 1 2 time, it was in the summer,the plant material 3 that I wanted wasn't available, and I didn't like 4 what was available. 5 BOARD MEMBER GOEHRINGER: Let's then 6 discuss what you think the time constraint would 7 be to put this in or a timeline. 8 MR. GULMI: Well, now is the time. I have 9 already put some plant material, so it would be 10 this spring that I could get the plant material 11 that I want, and I should get it in the ground 12 within the next month, maybe five weeks, I don't 13 think it would be more than that. 14 BOARD MEMBER GOEHRINGER: And necessary, 15 not that this is not a court of law, but in a very 16 diplomatic manner in a way I'm presenting this, 17 but I know you both are gentleman, so it wouldn't 18 make any difference if there were two ladies 19 standing in the same situation, it's the same 20 situation, okay. 21 MR. GULMI: Okay. 22 BOARD MEMBER GOEHRINGER: Could we expect 23 that you could give us some specifications of the 24 type of plant that you would be putting there so 25 we might couch that in the decision? 1 2 MR. GULMI: What I intended on doing I 3 would prefer for the most part to use evergreen 4 and groupings, but the deer eat most of the good 5 stuff, and the plant material that I could put in 6 there that they wouldn't eat would be the pines 7 and spruce, but it's just on the wrong side. It's 8 a western exposure; it's on the other side of the 9 fence. I gave him photographs of my neighbor's 10 property,where you have an indigenous stand of 11 cedars, and they're all dying out from the bottom, 12 which is somewhat what that plant does. I would 13 probably use some Licovey,which is a low growing 14 plant,which would be in the frontal part of the 15 slope. Some holly,which will withstand the shade 16 and the deer don't like. Andromeda,which I 17 bought some three and a half foot andromedas, I'm 18 not suggesting that I'm going to buy six foot high 19 rhododendrons, I was going to use some Leland 20 cypress. 21 BOARD MEMBER OLIVA: Don't buy 22 rhododendrons, they love them. 23 MR. GULMI: Oh, I know, I've got one in 24 the front of the house. Some Leland cypress, 25 which I would I was told the deer don't like. 1 2 BOARD MEMBER WEISMAN: Deer will eat 3 anything. 4 MR. GULMI: I have some choke cherry that 5 I planted in there. It's a deciduous plant. But 6 I was going to mix some deciduous and evergreen 7 plants. If there are areas that are most 8 offensive to the Walkers as they drive in, and I 9 can appreciate that, the fence in the corner, it 10 does kind of stick out, it is underplanted, but I 11 could do that. Then I would address that with 12 them. I don't want to start planting spruce 13 plants, spruce trees under the-- 14 BOARD MEMBER WEISMAN: It's not going to 15 grow. 16 MR. GULMI: It's not going to grow but I 17 would put andromeda and evergreen and perhaps 18 Carolina rhododendrons. 19 BOARD MEMBER WEISMAN: Can I summarize 20 this because it's clear that we can grant a 21 variance for the height of the fence with a 22 condition the landscaping scheme be developed that 23 camouflages the vast majority of that fence 24 seasonally, throughout the season. We don't have 25 to specify the type of plant. 1 2 BOARD MEMBER SIMON: All year round? 3 BOARD MEMBER WEISMAN: All year round, 4 throughout the season, all year round. But they 5 may do it differently during different seasons. 6 BOARD MEMBER SIMON: Four seasons? 7 BOARD MEMBER WEISMAN: Right. That then 8 is up to you to go ahead and develop a 9 landscape-- I don't want to delay this any 10 longer, your goal is to make sure you're not 11 confronted with a naked fence all the time. Your 12 goal is to landscape for the same purpose. 13 MR. GULMI: Exactly. 14 BOARD MEMBER WEISMAN: I think what we 15 need to do is decide whether we want to grant the 16 variance on the height with the condition that 17 that approval be met, that you agree that you will 18 camouflage the fence with a vegetative buffer that 19 will prevent its being visible throughout the 20 various seasons and work it out. 21 BOARD MEMBER SIMON: I'm not sure in 22 writing the opinion that we have to specify what 23 species. 24 BOARD MEMBER GOEHRINGER: But can always 25 specify minimal height. 1 2 MR. GULMI: Five foot high rhododendron is 3 a very large rhododendron. Five foot high red 4 cedar is not. So I'd like to use--the last 5 thing I want to have is a wall in front of the 6 fence, I'd like to be able to cluster in group 7 plants. My idea and thinking was around and among 8 the oak trees, I would plant andromeda because 9 rhododendron the deer would eat, andromeda they 10 don't seem inclined to. I can buy those plants at 11 three and a half feet. I can't tell you that I 12 can buy them at six and seven feet. There are 13 stretches along the fence that are open, and I 14 have no problem putting a juniper or Leland 15 cypress plant there. Because those plants you can 16 get the six feet they're not terribly difficult to 17 locate. The rhododendrons and andromedas and 18 laurel and some of the more the broad-leafed 19 evergreens at six feet are not so easy to come 20 by. The conifers,the arborvitae and is the pines 21 and the Leland cypress,those at six feet,they're 22 pretty available. 23 BOARD MEMBER WEISMAN: Would you be 24 satisfied with that, knowing that any variance we 25 grant will be subject to a visual screening? 1 2 MR. WALKER: Yes,that would be fine,that 3 was our main concern. 4 BOARD MEMBER WEISMAN: And are you 5 satisfied with that? 6 MR. GULMI: I intended on doing that all 7 along. 8 BOARD MEMBER SIMON: So we'll just put it 9 in the document and we don't need to know the 10 list, the wonderful list of species that you gave 11 us. We need to limit it to the size and scope of 12 the project, number one; and we also need to use 13 the phrase"continuously maintained." 14 BOARD MEMBER WEISMAN: Which he's going to 15 do any way. 16 ASST.TOWN ATTY. CORCORAN: But the scope 17 of what you require is really I think the 18 important issue here because we all kind of agree 19 in general, but I think the neighbors are 20 saying--and I may be wrong--but we don't want 21 to see the fence at all. And I think the 22 applicant is saying, I will do some clustered 23 landscaping, in various areas, but what I'm 24 hearing is that you're going to see the fencing, 25 but what I intend to do is soften it, camouflage 1 2 the scale of it, but you will see landscaping and 3 fence. So, the Board's got to be clear what it's 4 going to ask the applicant to do because at the 5 end of the day, the neighbors may still be unhappy 6 with that, not that that will rule your decision, 7 but I think we don't want to all walk away 8 thinking we all agree when we don't. 9 BOARD MEMBER GOEHRINGER: I understand 10 that, that's the reason we need to have a review 11 by the Board after most of the screening is done, 12 and we may need to have a further enhancement of 13 it. Secondly, and again in a very diplomatic 14 manner because we have definitely dealt with the 15 Walkers before, they have been before this Board 16 and there may be a little patience involved here 17 in reference to the growing of these things to the 18 maximum height of the fence,just so you're aware 19 of that situation, and I think that's what I'm 20 reading in this particular case. And I'm just 21 throwing that out. 22 MR.WALKER: Maybe the solution would be 23 also if the fence were a continuous chain link and 24 light would be coming through and plantings would 25 be coming through and plantings could come on, 1 2 without worrying about anything, that's a 3 possibility also. 4 MR. GULMI: That's about$11,000 in cedar 5 fence that I've put up there and the idea that it 6 would be acceptable if it's black chain link fence 7 versus the cedar spindle fence, but if that's what 8 the Board is going to rule, I have no intention of 9 taking away the cedar fence, I'd rather lower it 10 to four feet, and then the landscaping would be 11 whatever it is. I am prepared to make 12 concessions, but there's only so far that I'm 13 prepared to go. I am not prepared to take that 14 fence down and put up a black chain link fence 15 because someone else thinks that's not as 16 offensive. To me the black chain link fence is 17 totally utilitarian in an area it wouldn't be 18 seen, but I have no intention of surrounding my 19 pool with it. So, I have every intention of 20 landscaping it; I have good taste; I have a design 21 eye; I know what I'm doing when it comes to the 22 planting, but if that's not acceptable,then make 23 your ruling and I'll deal with it. A four foot 24 fence will only expose more of the property, and I 25 would be disinclined to landscape it. 1 2 CHAIRMAN DINIZIO: Okay, did you have 3 something else to add to this Kieran? 4 ASST. TOWN ATTY. CORCORAN: I don't think 5 so. I think the point that the applicant was 6 making was that, you know, if I decide I'd rather 7 go with the route of a four foot fence, I don't 8 have to landscape anything. 9 CHAIRMAN DINIZIO: Oh, and I thought there 10 was something about the pool and we would need to 11 be to be unanimous about that? 12 BOARD MEMBER WEISMAN: There was a 13 variance on that. 14 ASST. TOWN ATTY. CORCORAN: Oh, the pool, 15 thank you. The pool, if you're seeking relief or 16 modification of a prior condition on the pool, 17 this Board just needs to make sure it's 18 unanimous in its vote. 19 CHAIRMAN DINIZIO: We have to consider 20 that. Okay, so is there anybody else, I mean, you 21 have said what you had to say and you're satisfied 22 with that. Do you have anything more to add to 23 this? 24 MR. WALKER: I have nothing else. 25 CHAIRMAN DINIZIO: Is there anyone else in 1 2 the audience that would like to comment on this 3 application? Hearing none, I would like to make a 4 motion that we close the hearing, and with such 5 time with deliberations on May 10th. 6 BOARD SECY. KOWALSKI: May 10th with a 7 meeting at 6:00 in the other building. 8 (See minutes for resolution.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ��, i..� APPEALS BOARD MEMBERS if" MailingAddress: James Dinizio, Jr., Chairman �. �� S0011,- OUT l i'.�� y� Southold Town Hall O53095 Main Road •P.O. Box 1179 Gerard P. Goehringer i' 4 ii , Southold,NY 11971-0959 Ruth D. Oliva ; ci, , c G 4 ��'�'c� Office Location: Michael A. Simon ; �O 0� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman -- -a eou O �ii54375 Main Road(at Youngs Avenue) • — i" Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 MEMO TO: Building Department Attn: Building Inspector George Gillen FROM: ZBA Office DATE: July 24, 2007 SUBJECT: Inquiry— Gulmi Proposed Screening Supplementing the copies, as requested, and previously furnished from ZBA File #5994, please find attached a copy of the court reporter transcript of discussions concerning the screening of the fence areas being proposed by Mr. and Mrs. Gulmi during the April 26, 2007 public hearing, for your information. Thank you. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 29, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 29, 2007: 11:00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994. Request for a Variance under Zoning Code Section 280-105, based on the Building Inspector's December 11, 2006 Notice of Disapproval, and request for relief from Condition under ZBA No. 5340 concerning the setback location of an as-built pool (ref. B.P. #91932-Z), at less than 30 feet from the front lot line. Location of Property: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. The Board of Appeal's 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: March 6,2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 . tI 11 Illii, 1 -; P' , , ° :UP ' 1 -, %, -171).. ..'44,,, 1 . 1 r Ff r74 1 Y • '4 yy s 'M. , c �, : \.., .1' it .... i' .,,''''--, ;44 .7+ 4.t ii:,,- 4)7,-1' . . ',^. 1 +%-r Noiztil t--)2 /1-1- Lige vt- a-4 it/m 1" V i e-,--,- Fze,,,,-, r •i 5<<1 t-1wA i (l/.) rn Ri,/ c : p(I, /---e.- 609 Soctilf t(o'l1ik/t(.t`fflipfi 111 le e LcCerN ^ Se, ` �t ri Ng_ ice • b %,-; ' -4.-: ;;,..,,,,,,,,t,,,:„, :,,ilirt . , :k., iti;,, ,,,,,t lw. mili ...E._ „7,.% .,,,,,,,,„,„..::,..._ ..,.*al#':ilir, I... 1111. a IP t,..4.6.411 %,;,1 `;: ,� Ai i 0• . \, Xpi NcPt14 771_0111-1-111)C- 6F"72e)PHpRIA nowt us, Uig %tel. 1a,5Hr v F(AJ l pl <Nq So,,,•f'!f a.t Com'/f G� N c 1 -,gti t% N« ee y • . - r' « • ''4, 4. -. i — , , ,..1 • , '441.1 1. -�I.4 1 1!A '� t ! til s `� rr � V IL : . •MMT Ata '�'ilk �...'r-flu__ II X1111+i1 kt -s, i 44.'444,Ii t • .r. r I, I 1':4810 I i _I_1.0.14, 11.. . • 257- l t�� `'-) - `� e(� I We ST/go°20-1 -I-62,LE 1 L i`1e 6.- -\N V�J �� 2,,., �fi O� U 1�c,j_L-moo K�ny Ca �i �-R2mt �1leu i s � 1 vJ `(�`� - .1. or Lod(�� • CP ST 5 � 5 }.F ct ' R40 t4, to,. � 1. . �' . �% •r' -:t... ., . mr a ...to, , ..... I• '‘' IV ti. 40.4 .. } . 1/u 1.5T �izo =- a Ltrve of (2,1D �tZ T� weST o(T Lt F'ue o F?vo' of view. i-R•offin - (c-3H- off- ) e_t LooK W cs--(---1 '° - oild (400bi)1/4)IC (lona 51,ST aF w • ,01 iiii_.. ill' OFFOUr = Office Location: •••&" �� Mailing Address: Nr- Gym Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 ?�Ol pl�� Southold, NY 11971-0959 jij � .0444 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 May &S, 2007 Ms. Susan Braver and Mr. Joseph Gulmi 250 Pine Tree Court Cutchogue, New York 11935 Re: File No. 5994 — Susan Braver and Joseph Gulmi Dear Ms. Braver and Mr. Gulmi: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our May 10, 2007 Meeting. Before commencing construction activities, please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. You may want to furnish a supplemental copy of the enclosed when submitting additional documentation requested of the Building Department. I have also today furnished a copy of the enclosed decision to the Building Department for their records. Thank you. Very truly yours, 4/4_61.A_ enLva Linda Kowalski Encl. Copy of Decision to: Building Department / 7r INDEX OF ATTACHMENTS 1. Notice of Disapproval 2. Recent Survey 3. Variance 5340 4. Building Permit(pool) 5. Building Permit(garage/cabana) 6. Survey Detail Enlarged 7. Photo of Pool .8. Manufactures' Drawing of Pool Shape 9. Eight(8)photos of West and North Front Lines of Property and Fence APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: (� )5e-g(�e� e p IT Iin.),( Date Prepared: / c- �6 I. For Demolition of Existing Building Areas Please describe areas being removed: kr A- II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Ai PI-- 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 extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: /1//& Number of Floors and Changes WITH Alterations: 1V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: /1/I1 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: N/il VI. Please describe the land contours (flat,slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Ni 14 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). u 7/2002; 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR.Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes fgNo B. Are there any proposals to change or alter land contours? O Yes gNo C. 1) Are there any areas that contain wetland grasses? (\ 2) Are the wetland areas shown on the map submitted with this application? • t eS 3) Is the property bulkheaded between the wetlands area and the upland building Area? o 4) If your property contains wetlands or pond areas, have you contacted the office of the 'Town Trustees for its determination of jurisdiction? tN ►R Please confirm status of your inquiry or application with the Trustees: A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? I v 0 E. Are there any patios, concrete bamers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ,J CCS (Please show area of these structures on a diagram if any exist. Or state "none"on the above line, if applicable ) F. Do you have any construction taking place at this time concerning your premises? N 0 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: OI" G. Do you or any co-owner also own other land close to this parcel? GAO If yes, please label the proximity of your lands on your map with this application H. Please la present use or operations conducted at this parcel SifUG-ie i L'( ' eSt c.enc'e Iand proposed use 51 e ll l L c 11,2 Sl C Q (exarnpl iexisting. single-family; proposed- same with garage) • , 86eC, 2606. •u, onzed ''ignature and Date 2/05 • TR ,N APPLICABLEACTIONAL DISCLOSURE FORM OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers `FLti and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 3lusqAto11 /m I (Last name, first name, middle initial, unless you are applying in the name someone else or y;' other entity, such as a company. If so, indicate the other personor � company name NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% o the shares YES NO If you answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her.spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted his •ayof &Cel ()er j p (2 Signature:I:::k Print Na e: JOEL—16-} /Ai I ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12 / 20 /06 ZBA# NAME CHECK # AMOUNT TC DA N-§DAWIP 5994 GULMI, Joseph 4132 $150.00 DEC 2 1 2006 1030 $150.00 TOTAL $300.00 By Thank you. Town Of Southold PO Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/21/06 Receipt#: 10304132 Transaction(s): Reference Subtotal 1 1 Application Fees 5994b $150.00 1 1 Application Fees 5994a $150.00 Check# 1030&4132 Total Paid: $300 00 Name: Gulmi, Joseph 250 Pine Tree Ext Cutchogue, NY 11935 Clerk ID: MICHELLE Internal ID 5994b e p? SOUry® ELIZABETH A. NEVILLE l0 Town Hall, 53095 Main Road TOWN CLERK � P.O. Box 1179 REGISTRAR OF VITAL STATISTICS G Q %� Southold, New York 11971 MARRIAGE OFFICER �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ` 'yeoUNTY,1;,;� I, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 21, 2006 RE: Zoning Appeal No. 5994 Transmitted herewith is Zoning Appeals No. 5994 of Joseph Gulmi & Susan Braver- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure Form, Applicant's Project Description, Notice of Disapproval Dated: December 11, 2006, Town of Southold Property Record Card, a letter from the owner to the Town of Southold Board of Appeals regarding the Modification of Variance, Building Permit No. 31932 for the garage & cabana, Building Permit No. 31335 for the swimming pool, the Findings, Deliberations and Determination for Appeal No. 5340 dated February 12, 2004, Survey of the property, Survey Detail Enlarged, and the Manufacturers Drawing of Pool Shape. • f,,__�'3FFCCii ll OUr APPEALS BOARD MEMBERS ��r'r®� a `°®f Southold Town Hall • Ruth D. Oliva Chairwoman �' � . � 53095 Main Road Gerard P.Goehringer h P.O. Box 1179 Lydia A.Tortora . vo n' . ® � �� Southold,NY 11971-0959 Vincent Orlando . 1S Tel. (631) 765-1809 James Dinizio,Jr. =_®1 41 �'p„®r'� Fax(631)765-9064 ilFrcromn • http://southoldtown.northfork.net FEB 2 U Z4g4 BOARD OF APPEALS RECEI11EDp � TOWN OF SOUTHOLD '• DQz t'"27 , codo of RPPEMLs FINDINGS, DELIBERATIONS AND DETERMINATION' es MEETING OF FEBRUARY 12, 2004 r�j4n • Appl. No. 5340-JOSEPH GULMI and SUSAN BRAVER GULMI Southold Town Clerk Property Location: 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. 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 li 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' 1.1324 acre parcel is situated at the end of , Pine Tree Court in Cutchogue, with frontage along a 50-ft. wide right-of-way along the northerly and westerly lot lines. The property is improved with a one-story frame house with attached garage and deck areas, and a small shed structure, as shown on the December 20, 1989 survey prepared by Peconic Surveyors, P.C., amended March 7, 2001. BASIS OF APPLICATION: Building Department's March 4, 2003 Notice of Disapproval, citing Section 100-33 in its denial of a building permit application concerning a proposed accessory swimming pool, garage, and shed in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2003, October 9, 2003,. and January 22, 2004, 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: Applicants wish to construct accessory structures in the front yard area with setbacks as follows: (a) an in-ground swimming pool structure at a minimum of 30 feet from the northerly and westerly front lot lines; (b) an accessory frame garage and cabana structure at a minimum of 40'9” from the northerly front lot line and minimum of 53 feet from the westerly front lot line. The original locations were shown on hand-drawn alterations of the December 20, 1986, amended March 7, 2001 by Peconic Surveyors & Engineers, P.C. The setback on the initial hand-drawn sketch requested front yard setbacks at 25 feet. ADDITIONAL INFORMATION:AMENDED RELIEF: On November 20, 2003, the applicants • submitted a plot plan and elevation plan as requested by the Board prepared by John MacLeod' Riba, Inc. dated November 16, 2003. Page -February 12,2004 Appl. No. 5430—J.Gulmi and S. Braver CTM 98-1-7.11 at Cutchogue REASONS,FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants indicate that they want to use to cabana and garage with installation of both water and electricity for their own private use related to the new pool, but not for habitable or sleeping. Several of the lots in the area are improved with accessory buildings in the front yard areas. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is limited rear yard available to place accessory buildings because the house is situated closer to the southeasterly corner section of the property, leaving two very large front yard areas and a large side yard area, also requiring relief from the code restrictions. 3. The variance granted herein is substantial. The accessory buildings are located entirely in a front yard area instead of the code-required rear yard, and the property is adjacent to wetlands on the easterly border. 4. The difficulty was self-created when the lot was created from a much larger parcel of property, resulting in two front yards, and the house became situated closer to the south/easterly border of the property. 5. No evidence has been submitted to suggest that a variance in this waterfront community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of accessory structures, 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-B, motion was offered by Member Orlando, seconded by Member Tortora;and duly carried, to GRANT the variance as applied for, as shown on the John MacLeod Riba, Inc. dated November 16,2003, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Only the utilities of Water and electric will be permitted in the garage and cabana shed. ' 2. The pool shall remain open to the sky(not be enclosed or roofed). 1 Page.3—February 12,2004 Appl. No. 5430—J.Gulmi and S. Braver CTM 98-1-7.11 at Cutchogue 3. The buildings and structures shall not be rented separately from the home. 4. No heat is permitted, and no living or sleeping is permitted in the accessory buildings. 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), Orlando, Tortora, and Dinizio. Absent was Member Goehringer. This Resolution w my adopted (4-0). 6 .alUvlSzt Ruth D. Oliva, Chairwoman 211q104 Approved for Filing ! - - • \1 P4 RK e / PROPERTY, 250 PINE TREE CT. S•85 0 42 50.E I ! CUTCHOGUE, N.Y. `�� // 0 `a5. , ti , 149.66' 'V il/ ' 580 p2 `, .kr GS s. o c v1 Z' N �n C d \ -'\ of f n P ,$101 A. . 7" ? \ %\x __ — — r 147 ;," b j0`Ss =o!' 3e Ya L7a_4-_,——t-- �'. t` T` I r' i . ISH' flPr G tpt ' n r fir' • til NQ K _ 90.'1 / 90' ned poi —'rb(---- -w� 1 P ` g3 N.8 N 1 n 1 ,` a 2Q s. ‘95. 65.2d 50 OV( 5 0 42 50 n w' ©� a f iris. N63 5 6.‘4.4i. � AREA = 1. 1324 ACRES 254.3 It lCERT_ ) Z n Z N/ O F H IAL M 1 O' 1.11'; AMERICAN TITLE YVSUi4ANCE COMPANY AR DORIS o A , I e TITLE NO. 07-110836 I: JOSEPH E. GULMY v, Z ORNL UND NI SUSAN B. BRAVER 0 0 /i SURVEY FOR l W JOSEPH E GULMI-AND SUSAN B. BRAVER AT CUTCHOGUE • TOWN OF SOUTHOLD fe'• SUFFOLK COUNTY, N.Y. c FLOOD ZONES FROM FIRM 1000 - 98 - 01 - Z 11 ��V / N.Y.3 LIC.NO.496f8 MAP#36I03C0164 G MAY 4,1998 SCALE Y' = 40' FECONIC U EYORS 8 ENGINEERS RC CONTOUR LINES AND WETLANDS ARE TAKEN DEC.20, 1986 (631) 765-5020 FAX 16311 765 -1797 P\N FROM THE FIVE EASTERN TOWNS TOPOGRAPHIC SEPT.19,2000 (Contours, Wands S Flood Zones added) P O BOX 909 MAPS Nov. 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Q NAncos roam. —4- 1,N,,, �,F '�c_ '"..l44 44o4Ll E JOB CONDITIONS, Jl ION SITE VERPUTCN O ALL DP.N.IDN5!CDOTID 12 STALL 6E THE REBPoNNIOILRT GF THE LATERAL CONTRACTOR MO RACTOAS LU ® Y e " .ems a • 2OB�W�ID Ia112 TAKE Pf£CEDQ01 OvER GCALE.NEVER BOAS DIRECTLY MCP DW e26 CONTRACTOR SHOULD V s • • �• H— ., I I..r4.7 CONSULT AR IIrCT OR ETWEER N CASE CP GE2NON V 1 11-E CtTERL NOTES APO TTPICAL DETAILS APTLY TPN'.IOICUT TIE JOB OLEOS OT1ER16E NOTED OR SROM ' �� A.DIECREPAFCIEB.THE CONTRACTORS NAIL CRPN£NO COOfAMLTE ALL DRAW..OATEN N TIE OPNOI O THE Qu ore : ',241 �■, ^.p rA C4IIRACTOR A DISCREPANCY Ew9T61E%TALL PROMPTLY NOTOT SPONSIBLE FOR TFE BATS AN.ANY 0TD✓;PEFR N REBUS OF 0 ACTOR BEFORE PR(.CEEDNO WM TIE 2 1 k• P4' v" 5.ateac4LM ARLNRE LOW OR NE WALL BE AWL DRAWANG5 dO EFECFlUTQN N LL BE CONSIDERED 44 PART CP TWE 000mO1B FCA 112 unwwrwu 1EFI rw (� NOM N TIE 61911 MAT ORRdM FEATURES W INE CONSTRUCTOR P!8 HOT PLO'SNOW W TIE ORAUNOS CORR.. m NATIONAL STATE AND LOCAL ORES ORDINANCES 0101.4TIONO OR AOR`-0(01116 A0 AEU-AS CURRENT ACCEPTABLE MILDEW Y ,/ \ ,iI 20• r' PRACTICES NOFD OS AND WEIR CCNBIRCTION BOLL BE OF TE 6N£CNARACIER 44 FOR BMRdQ LOLRI4 1441401 \ N▪o me vim �,a Y... 1 33ai -I W THIS STRUCTURE COMPLIES WITH THE STANDARDS OF DESI6N AND WOOD IN ACCORDANCE =‘,....,,,,,,,. / Z WITH THE AMERICAN PORE57 AND PAPER ASSOCIATION(AP6PA)WOOD FRAME CONSTRUCTION MANUAL POR s'''-...._ // 2 ONE AND TWO FAMILY DWELLIN6E(WFGM) m I0 t< 250 PINE TREE COURT, CUTCNOCIUE, N.Y. a I R COURT s N 58 42 10 E 16531' 0S Z B ' � f —N 9 Sgt W r i 6, W N �� g d PROPOSED II STY FRAMED q9 _ i. _� �, GAPe'-r-E I CABANA 66• Q Y 2!P _ INE I` 0 - 11111111111111111A o rn N'1,,,,0 9 5 56324w ----- Iliiv v N ■mss .maaw �p 'N I v2 � 6S = SW m O"' Ar €'0 9 q 3 O, ik 2 k) z w O 5•5515501015415 MOT/5.0•55.5•55 ON i•E Way, N rr�uc�am u��•a x�nwn+. 5555.5255 er I 30. I OFFICE QF ZONING PEALS Office Location: North Fork Bank Building—FirstOAF Floor,OF 54375 Main Ro aMailing Address: 53095 Main Road, P.O. Box 117at 9ungs Avenue Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalskila Town Southolri n us Jayne.Martin©a,Town.Southold,ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 73 '- 7 7 ,)--J MEMO • TO: J (9—f. c. J1 - , /std._ fh cuuuk..)-- DATE: O') u ems, Co / c ./. 007 RE: (3) b,(A—c___- ,ac_G�� L2/)--9/- o 7 6Qgs 0)••� , 10:40 A M. PHILLIP and LINDA aiiove ie,aLeege`117744,1141-1 ce ,ca2sp•Y�rexl}t / kv,k/ LEGAL NOTICES KERMANSHAHCHI#5986 Request tai iatlius rii asuieu:f[om,g oia%i le e \\ for a Variance under Section 290-14, If there are nobtiildufgs_withip'30Qfee VVV ` V LEGAL NOTICE based on the Building Inspector's Oc- of the proposed facihty srtei all telecom SOUTHOLD TOWN tober 20, 2006 Notice of Disapproval ";munication toibers shall'bo,surrout de \ Vc ZONING BOARD OF APPEALS concerning an as-built addition to the li 'dens" ?tie �gio�pth"to;'Gteterl 1e s c b THURSDAY,JANUARY 25,2007 single-family dwelling with a setback at ''the facility in ll diiectiohs:; LocatiQln«t ,1 PUBLIC HEARINGS less than the code-required 60 feet from Property:9245Marn'Road,Fast3v`l.nidi NOTICE IS HEREBY GIVEN,pur- the front lot line,at 7213 Peconic Bay g `CTM 31-3031'contaiifmg3r05jaeres. suant to Section 267 of the Town Law Boulevard,Laurel, CTM 126-10-12 ThedBpaid'of.Appeals;will'bear;a and Chapter 100(Zoning),Code of the 10:50 A M. HENRY RUGGIERO 'r '-perssons,or their.represen t es Filen. Town of Southold,the following public #5982 Request for a Variance,under :iiig'•to be'heard at eacjsihhesa�itr„g;rand/c hearings will be held by the SOUTH- Section 280-122,based on the Building ;- desiring to submit. written zstaOefI OLD TOWN ZONING BOARD OF Inspector's October 26,-2006 Notice ',before'the;`conclusiori of?ear_ hea APPEALS at the Town Hall, 53095 of Disapproval concerning alterations mg- Each_hearing'will s tartje�arlis Main Road, P.O. Box 1179, Southold, and/of reconstruction of an existing ;' „thn d aei;i nated•above:ril` a)e av New York 11971-0959,on THURSDAY, sunroom,which will increase the degree;; -;abler;'--for: review_during.-regular,bus JANUARY 25,2007: , of nonconformance when located less;-0 ness• ours-and} Q'r'YoFt e,-day, •th 9:50 A.M. ROBERT and SUSAN than 15 feet on a single side yard(ZBA a bearing';If-you have•questitlns;;,)le`as SOMERVILLE#5993. Request for a Interpretation No.5039 in the Walz ap-: •Ydo,;rig,t,hesit4t9,,to,,poptoprl gcli, gfUC Variance under Section 280-124,based plication). Location of Property 425" `at"(63`1).765=1$09, etnail:',`Lind. on the Building Inspector's November Calves Neck Road,Southold;CTM 63- Kowalski@`1'own.Southold:nyus.; 15,2006 Notice of Disapproval,amend- 7-29105 A.M. W.BRUCE and MARY Dat ZONzN=O 06,7'y,,,,5-11��PE4 ed January 3,2007,concerning proposed N1.N i , additions and alterations to the existing ANN BOLLMAN #5680 Hearing JAMES bINI G AIX2 single-family dwelling with a front yard reopened for purposes of receiving - •54375 Main=Road-(Officq,Lodatidi setback of less than the'code-required documentation and testimony relative 53095,Main,Rgadl(MailntgAddi`es; 35 feet,at 595 Oakland Court and Shady to LW RP Code Chapter 268 (Local Lane,Southold;CTM 90-4-7 Waterfront Revitalization Law) This is :Southold,NY,11971-09° 10:00 A.M. FIDCO#5990. Request an application concerning a request for= '81721T 1/11' • ° `', s for a Special Exception, based upon Variances under Section 100-244,based Code Sections 280-48,B6 and B8,con- on the Building Department's February cernmg a proposed conversion of the 3,2005 Notice of Disapproval,concern- existing building to recreation facility ing an application for a building permit and(nonprofit)meeting hall,in this B- to substantially remove or demolish ex- General Business Zone District. Loca- siting dwelling,and to construct a new tion of Property.Fox Lane Building#98 single-family dwelling (1) at less than and Greenwood Road,Fishers Island; 10 feet on a single side,(2)at less than CTM 12-1-5.1 25 feet combined side yards, (3) with 1015 A.M SANDY GROUND lot coverage exceeding the code limita- LLC and S PERRY #5992. Request tion of 20 percent,and (4)at less than for a Variance under Section_280-18 to 75 feet from the bulkhead Location reduce a lot to less than 40,000 square of Property 1755 Trumans Path,East feet m this R-40 Zone, based on the Marion;CTM 31-13-4 applicant's submission of an application 1 00 P.M WILLIAM E LEHM- to the Southold Town Planning Board ANN and ALICE LEHMANN #5989. under the Subdivision Code (Chapter Request for a Variance under Section 240) for a lot line change The pro- 280-13A(100-31A),based on the Build- posed lot line change will increase the ing Inspector's July 28,2006 Notice of unproved lot(Parcel 1) located in the Disapproval which states that the pro- Hamlet Business Zone District from posed garage is not a permitted use on 10,498 square feet to 29,088 square feet this vacant property located at 725 Rab- (plus 3,228 square feet of area of flag bit Lane,East Marion,CTM 31-17-17 and right-of-way to Parcel 2),and will 1 10 PM JOSEPH E GULMI and reduce the residential (Parcel 2) from SUSAN BRAVER#5994 Request for 49,967 square feet to 24,891 square feet Variances under Sections 280-13 (for- (plus 3,258 square feet for right-of-way merly 100-33)and 280-105,based on the and 3,228 square feet flagged area,also Building Inspector's December 11,2006 within the boundary of the parcels) Lo- Notice of Disapproval concerning an as- .cation of Property. 57190 Main Road built swimming pool in a location other (S R 25) and private right-of-way ex- than the code-required rear yard and tending 24419 feet from the east side fence height exceeding the code height of Town Harbor Lane,Southold,CTM limitation of four feet,at 250 Pine Tree 63-4-3 and 5 1 Court,Cutchogue, Parcel 98-1-7 11. 1020 A.M. ARTHUR AIELLO 1:15 PM EAST MARION FIRE #5995 Request for a Variance under DISTRICT#5972 Public Hearing re- Section 280-122(100-244),based on the opened for purposes of receiving testi- Building Inspector's June 16,2006 No- mony relative to projected telecommu- trce of Disapproval concerning a pro- nications coverage for tower and anten-: posed 16'by 20'accessory garage which nas at heights over 80 feet A Variance increases the lot coverage over the under Section 280-69 (100-162A3,A5) code limitation, at 615 Marlene Lane, is requested, based on the Building, Mattituck; CTM 143-3-26. Inspector's July 25,2006 Notice of Drs- - 10.30 A M. RUSSELL and FLOR- approval,for construction of a proposed ENCE PELLICANO #5991 Request wireless conimunication/telecommuni- for a Special Exception under Section cations tower on property owned,leased 100-31B of the Southold Town Zoning or otherwise controlled by a special dis- Code.The Applicants-owners request a trict approved by the commissioners of Bed and Breakfast use,incidental to the the special district The proposed tower owner's occupancy in this single-fam- will exceed the code limitation-with a ily dwelling,for lodging and serving of height greater than 10 feet above the breakfast to transient roomers,as an ac- average height of buildings within 300 cessory use. Location of Property:9680 feet of the facility,OR if there,are no North Bayview Road,Southold; CTM buildings within 300 feet, these facilr- 79-8-13.1. ties shall not project higher than 10 feet i #8172 , STATE OF NEW YORK) ' ) SS: COUNTY OF SUFFOLK) -Candice Schott 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 1 week(s), successively, commencing on the 11th day of nuary, 2007. 41de Ce 6/4.5#--"- Principal Clerk Sworn to before me this 1(2---- day of90ALtayr-- 2007 QYA017/(11(104---0 J- _ I 'I CHRISTINA VOLINSKI NOTARY'PUBLIC-STATE OF NEW YORK No. O1-V06105050 Qualified In Suffolk County- Commission ountyCommission Expires February 28, 2008 03/08/2007 09:06 6317659064 ZBA PAGE 05 •' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YOIK LL --X In the Matter of the Application of AFFIDAVIT OF SIGN zcl, _1 I 1: .1 I .. \ •_ : • , ‘R- ef2- POSTING ame of Applicants) • Regarding Posting of Sign upon Applicant's Land Identified as 1000- cf - l -7, 1 1 COUNTY OF SUFFOLK) STATE OF NEW YORK) p N ,�L r\�g`LJI. 1 VA . residing at25 V I 1 l2ee �clV- G jv � ,New York,bing duly1sworn, depose and say that: On the I LI day of JOJ �C 14 3Dc I personally placed the Town's official Poster, with the date of hearing and .ature of my application noted thereon,securely upon my property,located ten(10)feet or clo er from the street or right-of--way(driveway entrance)— facing the street or facing each street or right-of-way entrance;"` and that I hereby confirm that the Pos er has remained in,place lo seven a .ys rior to that date of the subject hearing date, which hearilig date was shown t• • - ii a T 1 + • • • . ( :,.tyre) IP Sworn to before me this '- w day of 200-7 - PENNY BEDELL Notary Public,State of New York (.,.0:: ik_....._:_••••• ...0 1 No.01BE6099317 Qualified'in Suffolk CoUntyn n� (Notary blit) Commission•Expires Sept.129, L ,_4...4-< *near the entrance or driveway cntr• ce of my property, as the area most visible to passersby. 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Oj I= (Endorsement Required) $0.00 6 7 2_9c Li, rg -Total Postage&Fees $ $4.64 03/12/2007 nJ ?cAlvvi. Sent To C _ cb \^ 47' (JO�O Cl orO Street,Apt.N. ((� r� or Box No. �` 1 City,State,ZIP+4 I' PS Form 3800,August 2006 See Reverse for Instructions • ZONING BOARD OF APPEALS f9 TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of JOSGp N lea IPk1 a,nc1 SkAsai-1.3aa.ve� AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel #1000- G8 - ( - }. It X COUNTY OF SUFFOLK) STA IE OF NEW YORK) @UAW ION- residing at 26-0 u ►nc lbukaf Q v fcV`oUt ,New York, being duly sworn, depose and say that: On the 12+1 day of A ap.c f 1 , , I personally mailed at the United States Post Office in Sew c= V t, ,Nark, by CERTIFIED MAIL, RETURN RECEIPT REQUES IED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (V5 Assessors, or( )County Real Property Ofceau t .©F uk-1- ocl, for every property which abuts and is across a public or priva,ce street, or vehicular right-of-way of record, surrounding the applicant's property. . 4"--i (S _ ature) Sworn to befor e this 16day of/d , 200 2 Noisy . r `�s,. p� k in k County (Notary Public) 'L.13, 9 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the ---- owner-names-and-addresses-fvrwhith ot' sig wire mailedJThank you. ------------ --_--- A � • Mot.L b -16 98 _ - 7. z0 2�ufek �3O CP�k cz Q. -7( Z ( MA.)v (7.7(2.1i & NN - I«o l 2--LI, - 10o Pi N e l RE c= et, ?biA-c ct?A- ©, c'xDx .3e3 amitoArtitArm ÷,0Y wet to Ma fee ,Z 1 Nig za0x3conyirsoO • • • t ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel #1000- - - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, SV. .4✓ 6,04ve7z residing at 091-- C"7. C r- crl �vE_ ,New York, being duly sworn, depose and say that: On the a3r1 day of ,4i" zexe , a 6=-07, I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (S Assessors, or( ) County Real Property Office for every property which abuts and is across a public or priva1 e street, or vehicular right-of-way of record, surrounding the applicant's property. - (Signature) Sworn to before me this a3 day of+�va� , 2001 mica WALTER Noisy No elcVM15Stoto 3 61 flow%bit Ovailirm Suffolk (Notary Public) Commission Wires PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • d1J7 A., rcee /n33-- 9 - -z /7 /.° ea; I , 03S- / plum 4014 ;42 tallta OW: '4/1W14 viat.,03 kottiae.110 f,MitaVD ,tS 29)+0,,,1:1 not2uvgv03 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION rmihk ❑Agent ■ Complete items 1,2,and 3.Also completep Addressee item 4 if Restricted Delivery is desired. • Print your name and address on the reverse nted Name) C_Dat of Delivery so that we can return the card to you. B. Received by 3 ■ Attach this card to the back of the mailpiece, address different from Item 1? ❑Yes or on the front if space permits. D. Is delivery 1. Article Addressed to: I -No �A ^) t l l(�_ If YES,enter delivery address below:3. Service Type $1 Certified Mall El Express Mall • ❑Registered 0 Return Receipt for Merchandise CI Insured Mail ❑C.O.D. l 4. Restricted Delivery?(Extra Fee) ❑Yes , r 7,006 215b 0000' 8835- 5321 i 2. Article Number, �I ll (transfer from sen.-_ - 102595-02-M-15401 2004 Domestic Return Receipt PS Form 3811,February ____ —--— -- COMPLETE THIS SECTION-ON DELIVERY SENDER: COMPLETE THIS SECTION • III Complete AgComplete items 1,2,and 3.Also complete i . � ❑;� ;• gent,dressee I item 4 if Restricted Delivery is desired. X � ` / ~ U.) It, C Date ofDelivery ■ Print your name and address on the reverse so that we can return the card to you. .D- c. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) ❑Yes or on the front if space permits. D. Is delivery address different from item 1? rIWN 1. Article Addressed to: o If YES,enter delivery address below:444,16.19m2 (1._. � j (V Cert/I 3. Serve iPeedMall 0 Express Mall Certified A 0 Registered ❑Return Receipt for Merchandise 7/f ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7006 2760 0000 9947 1707 ,.m...—r eSrnm_sernlce IaueI) 102595-02-M-15401 s -- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signet -' item 4 if Restricted Delivery is desired. , ❑Agent • Print your name and address on the reverse l/, �{c,Ui+� ❑Addressee so that we can return the card to you. B. Received by(Potted Name) C. Date of Delivery II Attach this card to the back of the mailpiece, X or on the front if space permits. D. Is delivery address different from item 1? 0 Yeses 1. Article Addressed to: If YES,enter delivery address below: I ►o die 41 . e. t / -1/ 3. Servicer pe F/1 edified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall El C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArtinleNums (Transfer fro) 7006 2760 0000 9947 1691 1 i PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ElAgent , ■ Print your.name and address on the reverseX . tees .e, so that we can return the card to you. B. Received by(Printed Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. , 1. Article Addressed to: D. Is delivery address differen "ram''e o- 1? all Yes If YES,enter delivery address below: ®No `BQ L lr ai.c r )m c- _ 1330 Cq�, -012 Are._ t.,..._ _s,0i ? 1N.)' , 11401 3. Service Type 8 Certified Mall 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number + � °+ i i •T • • • •• •• - (Transferfr'o`mserviceiab4 `` 7d 6! '21150+ 000 x8835 i5.3O'7 !t T • i iPS Form 3811,February 2004 Domestic Return Receipt` 102595-o2-M-15401 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete , A. SI re item 4 if Restricted Delivery is desired. ' ID Agent • Print your name and address on the reve l ❑Addressee so that we can return the card t ---;',..:11:< ■ Attach this card to the back of the maiipi e, ----- y <-1-1-by by �� {/` e C. Date of Delivery or on the front if space permits. 3--2(1-61 1. Article Addressed to: D. Is delivery add=ss different from item 1? 0 Yes If YES,enter delivery address below: ig No e-P-dLt-czk.c __ OaRco T,0: -() o,\k "3 8 . `�)cJOM c., 1\-1 -k I0S--1 3. Service Type Certified Mall 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number l . " : 'j ' 'T.: : ' :• T^ ' , :, . . ; . : . . , (Transfer from servIce IabeO`g 'L_`{ `7 0 6 215 i 0 2'` 8 8'3 5' 5 2 9'1 + PS Form 3811,February 2004 Domestic Return Receipt __ 102595-02-M-154o1 NuTkE uF : LAKINt , The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: ' AME : GULM I/BRAVER #5994 '\\\ MAP #: 98- 1 -7 . 11 APPEAL : Front Setbacks & Fence Height FEQUEST: As Built Pool and Fence DATE : THURSDAY, APR. 26 , 11 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 'ONING BOARD-TOWN OF SOUTHOLD 765- 1809 �1 1� t 1/1071-6‘10,4 •f yj i /r 7zu ' (' January 8, 2007 e,. ) 29 TS AF t+ Zoning Board of Appeals � 100 ,a3 53095 Main Road N )(� Town Hall Building ah Pp� w4" P.O. Box 1179 � � ; Southold,NY 11971-0959 0 ' Re: Hearing Date on Request for Variance#5994 This letter is to request March 29, 2007 as a hearing date as opposed to January 25, 2007, previously assigned for this purpose. We have long held reservations for a sojourn outside of the country from January 13'-February 18th and will be unable to satisfy pre-conditions for the hearing by the date originally assigned. Thank you for your cooperation. Sincerely, Joseph Gulmi and Susan Braver 250 Pine Tree Court Cutchogue,NY 11935 (631) 734-7224 •01"10f FO4 Office Location: i Off• OG�\ Mailing Address: • Town Annex/First Floor,North Fork Bank ` y = 53095 Main Road 54375 Main Road(at Youngs Avenue) �� P.O. Box 1179 Southold,NY 11971 N.y'jlpl F - a��,, Southold, NY 11971-0959 so' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 January 2, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5994 (Gulmi) Action Requested: Lot Line and Height Variance Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures ZONING BOARD OF APPEAL.J- MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 2, 2007 Re: Town Code Chapter 58 — Public Notices for Thursday, January 25, 2007 hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January 10th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us; AND not later than January 12th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. a It 'oEfue Egee SAa aiaSaaga, Taco S "Designed&Engineered for Island Living" P O. Box 1078 1374 Main Road JAMESPORT, NY 11947 (631) 722-5502 FAX(631) 722-5782 e-mail: eastendleisure@aol corn May 29, 2007 To Whom It May Concern: Please send us a copy of the results regarding the ZBA for Susan Braver&Joe Gulmi of 250 Pine Tree Ext Cutchogue,NY 11935, including, if any, the conditions of the decision. Thank you, ay-4 4c-Cb-L-41-&—Q e-,-L- - Bud Handel East End Spa and Sauna -f 9J °i I • • NUM 01- A 140 The following application will be heard by the Southold Town B yard of Appeals at Town Hall, 53095 Main Road, Southold: . ' AME : GULM I /BRAVER #5994 MAP # : 98- 1 -7 . 11 APPEAL : Front Yd Setbacks & Height Var. REQUEST: As Built Pool and Fence DATE : THURSDAY, MAR. 29 , 11 : 00 If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . TONING BOARD -TOWN OF S • UTHOLD 765- 1809 fjOD FORM NO. 3 TOWN OF SOUTHOLD ` � ='' '[NE BUILDING DEPARTMENT AUG 2 9 2006 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING EIOARD of APPEALS Date: August 22, 2006 TO: Joseph Gulmi 250 Pine Tree Court Cutchogue, NY 11935 Please take notice that your application dated August 22, 2006 For a permit for an"as built" swimming pool at Location of property 250 Pine Tree Court, Cutchogue,NY County Tax Map No. 1000—Section 98 Block 1 Lot 7.11 Is returned herewith and disapproved on the following grounds: The location of the swimming pool is not permitted pursuant to ZBA decision#5430 for construction of the pool at a minimum of 30' (feet) from the westerly front lot line. The foundation location survey indicates the accessory swimming pool at a distance of 28" from the westerly lot line. Authorized Signature II ZONING BOARD OF APPEAL. MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 6, 2007 Re: Town Code Chapter 55 — Public Notices for Thursday, March 29, 2007 hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us; AND not later than March 15th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 19th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing •the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends.