HomeMy WebLinkAbout31335-Z
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-32580
Date: 09/05/07
THIS CERTIFIES that the building INGROUND SWIMMING POOL
Location of Property: 250 PINE
(HOUSE NO.)
County Tax Map No. 473889 Section 98
TREE CT
(STREET)
Block L-
CUTCHOGUE
(HAMLET)
Lot 7.11
Subdivision
Filed Map No.
Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated
JULY 28, 20.05 pursuant to which
Building Permit No. 31335-Z
dated
AUGUST 5, 2005
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE IN THE FRONT YARD
AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5340 DATED 02/12/04.
The certificate is issued to JOSEPH GULMI & SUSAN BRAVER
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
N/A
ELECTRICAL CERTIFICATE NO.
7751
07/24/07
PLUMBERS CERTIFICATION DATED
N/A
4:z::e~
Rev. 1/81
7310/- );(d-..1
, ,~~- ~....~ n 'I!J rTS:
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Form No.6
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
765-1802
This applicatiOn must be filled in by typewnter or ink and submitted to the Building Department with the following:
A. For new building or new use:
I. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or
topographic features.
2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form).
3. Approval of elechical installation from Board of Fire Underwriters.
4. Swom statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead.
5. Commercial building, induslIial building, multiple residences and similar buildings and installations, a certificate
of Code Compliance from architect or engineer responsible for the building.
6. Submit Plamling Board Approval of completed site plan requirements.
B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses:
I. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic
features.
2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is
denied; the Building Inspector shall state the reasons therefor in writing to the applicant.
C. Fees
I. Certificate of Occupancy ~ New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00,
Swirruning pool $25.00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00.
2. Certificate of Occupancy on Pre-existing Building - $100.00
3. Copy of Certificate of Occupancy - $.25
4. Updated Certificate of Occupancy - $50.00
5. Temporary Celilficate ofOccllpancy - Residential $15.00, CommercIal $1500 f
Date.Jj ~~sr
doO~
New Construction: VeW Old or Pre-existing Building:
Location ofPropeliy o._~ ?'()CC/f7FF C-t.
House No. Street
Owner or Owncrs of Propeliy: ~;,_.) llb\2.0-.\)f 'R
Oq~
Suffolk County Tax Map No 1000, Section_
( chcck one)
CA.~d,-o~\^ f
Hamlet
'- \o::'e:' ~ H C'M.1\. I tJJ\
Block 000 I
(lq3~
LotflOl. <..) II
Subdivision
Filed Map. Lot:~_
Date of Permit. SAudN()05ApPlicant:~S,CH\ W[A.'U(::-~s,e~l~ ~1.fJ\1
____.__ Underwriters Approval: _..-. ~________
PennitNo. ?Jlj~S-
Health Dept. Approval:
Planning Board Approval:
Fee Submitted $
Request for:
Temporary Ccrtificate ___._______ Final Certificate: _
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C~-c3)5'8'O
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO.
31335 Z
Date AUGUST
5, 2005
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
County Tax Map No. 473889 Section 098
Block 0001
Lot No. 007.011
pursuant to application dated JULY 28, 2005 and approved by the
Building Inspector to expire on FEBRUARY 5, 2007.
Fee $
300.00
L~
Aut orized Signature
I
ORIGINAL
Rev. 5/8/02
Nassau Suffolk Electrical Inspections, Inc.
P.O.Box 549 . Aquebogue, New York 11931 · Tel: 631-591"3097 · Fax: 631-$91-3098
Application: 7751
Date:7/24/07
Issued to: B~aver/Gulmi
Address:250 Pine Ct
"'N
0.'1',
License#:2270-E
Village: Cutchogue
was examined and approved up to the above date and was in compliance with the NEC
New I-bre
1st Floor lEI
2nd floor
ResidenlicilEl
Carrreltial
R:ld
Hd: Tub
Del Gaage
PdciIia1
Bos: lien!
Switches Receptacles Fix.tures G.F.1. Range Hood Smoke
Detectors
2 4
Fans Dishwasher Washer/Amps Dryer/Amps Oven Insta hot
Range/Amps
1
Furnace Oil Gas Heat Zones Whirlpool Bell
Transformers
Meter Amps Phase Motors
3
Other Equipment:
1-Electric Pool Cover
ut,Res
~~5~Vzo_&.
. . ~
This certificate must not be altered
ill any manner
"
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
htlp:/ /sou tholdtown.northfork. net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 12, 2004
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 ~ - 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. 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 ~ulY adopted (4-0). _
~ LtiI. ) f.J C\J~ AA. n,
Ruth D. Oliva. Chairwoman 2//1/04
Approved for Filing
July 19.2007 .
TOWN OF SOU'lllOlD
Building DepllIUDeJlt
Aneotion: George Gillen
~: Building Pennit 3l335Z
Dear Mr. Oillen:
The following summarizes my discussion and testimony before the Zoning Boanl
of Appeals at public hearings on Man:!) 29 and April 26. 2007. in connection with the
su~ect of me plant material we would install along.our property's west/northwest front
property line bordering the unpaved right of way. in front of the fencing.
We will incoi-porate the existing indigenous plants (predominately Oak trees) into
the landscape.
The new plantings we will install inclnde. among others:
. Thuja Plicata (Oemson Tiger Arboruitae)
. Carolina Rhododendron
· Leucothoe
· Pieris Japonica (andromeda)
· Hydrangea
The plants we chose are all tolenmt of the sun exposure in the area in question and
are intended to compliment the existing ~ve plants and landsca . The plants will be
grouped or massed when planted to maximiz the landscape des'
cc: Zoning BoaJd of Appeals
1,-" -
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; .
Apf>EALS BOARD MEMBERS
James Dinizio. Jr.. Chairman
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
.
.
MaiJin~ Address:
Southold Town Hall
53095 Main Road' P.O. Box 1179
Southold. NY 11971-0959
Office Location:
Town Annex IFirst floor. North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
hllp:/Isoutholdtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809' Fax (631) 765.9064
RE(lIVET
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 1 0, 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-fl. 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).
Page2-May10.2007 .-
ZEt File No. 5994 - Joseph Gulmi. _n 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 comer 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.
.
P311a3-May10.2007 .
ZEt Fila No. 5994 - Joseph Gulmi, an Braver
CTM No. 98-1.7.11
.
Any deviation from the variance given such as extensions, or demolttions which are not shown on the
applicanfs diagrams or survey site maps, are not authorized under this application when involving
nonconformitles 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 increasa the degree of nonconformity.
Vote of the Board: Ayes: Members Oini io (Chairman) . a, Goehringer, Simon, and Weisman.
This Resolution was duly adopted {5-0 .
RECEIVED
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APPEALS BOARD MEMBERS
James Dinizio, Jr., Chairman
Gerard P Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
MEMO
TO:
Building Department
Attn: Building Inspector George Gillen
ZBA Office (it
July 24, 2007
Inquiry - Gulmi Proposed Screening
FROM:
DATE:
SUBJECT:
Mailin~ Address:
Southold Town Hall
53095 Main Road. PO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex fFirs! Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
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.
~~
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1 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 every1hing. The
25 notice of disapproval has to do with the as-buiit
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
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
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 visibie 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 iooking 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 thatlicotia'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
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 aiso 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 iook 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
2 changes the character of the neighborhood.
3 think that the fence is tasteful. I think if it's
4 properly landscaped it's an asset to the area.
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
g 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
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 proolem. I mean, I see could oe 10 or
6 20 at a time in our oackyard. We have a pool, we
7 have a four foot fence, and we have never had any
8 proolem with deer going in there. As far as
9 changing the character of the neighoorhood, you
10 know, when we drove down, I have an aeriai photo
11 oefore 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 ouffered that
14 (indicating).
15 BOARD MEMBER GOEHRINGER: Pass that down,
16 please.
17 MR. WALKER: We have never oojected 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 oeyond the fence we would have no
21 proolem if they were ouffered, and we did not see
22 it. That's the main reason we oought and ouilt
23 where we did when we did. It was very private.
24 You could hardly see any houses of any of
25 our neighoors and there are no fences that you can
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
g 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 fuily 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 tastefuily iandscaped 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 ail 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 reaily what the
24 concern is, I can address that.
25 BOARD MEMBER GOEHRINGER: Just so we're
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 aiiow that to be -- or would you irrigate that?
22 MR. GULMI: I aiready 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
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.
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 couid 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 ciear 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 seasonaiiy, 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 deveiop 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, J'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. Secondiy, 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 invoived 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 wouid 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,
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 thaI'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.
,
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 eise, 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
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TOWN OF SOUTH OLD BUILDING DEPT.
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INSPECTION
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TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALl;
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/Southoldl
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
.?rl "'fW~Rlth
( ~,s_e~s of Buildin; P~ ~ ~
. Planning Board approval -0
Survey
Check
Septic Form
n-,:t>m -
N.Y.S.D.E.C. ",v "'- J
Trustees
Contact:
Mail to:
PERMIT NO.
,20~
20 ----..LJ)
/(' ~(. -t~))~'>...1j7 L~ p.
Examined
Approved
Disapproved alc
Phone:
Expiration
,20~
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Building Inspector
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
.2.5 2aOS,20_
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
OCCUPANCY OR c;n 5-..f' E--.l. 5~a.: ~~~.
USE IS UNLA WFU (Signature of app1icantor name, If a corporatIOn)
WfTHOUT CERTI o""~ai g::rre ~tlicant) >>11 "l 't7
S h h I.. I OF Or.r.UPANCY I I" I b b 'Id
tate w et er app Icant IS owner, essee, agent, arChitect, engmeer, genera contractor, e ectnclan, p urn er or U1 er
UNDERWRIJERSCERnACATE
REOOIIlE9
Name of owner of premises ~s.-e f:..Gv....\..""'., . 0.S.~D.~ n...c"-~
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer APPROVED AS NOTED
SHALL DATE:.i.J4'5' B.P. # 3/ '5 3)- :f
(Name and title of corporate of~ THE REQUIREMENTSOFT~E FEE: ,~. BY:~
. . CODES OF NEW YORK STATE. #7 . NOTIFY BUlj..QIN(lIDf: Rl1AI'NT AT
BUilders License No. t~tf 765-1802 8~ TO 4 PM' FdR THE
Plumbers Llc~nse No. OIlERWR!TERSCeATIFIGr' IIf'"' FOLLOWING INSPECTIONS;
Electnclans License No. , [, l 1. FOUNDATION _ TWO REQUIRED
Other Trade's License No. IItwIIItU FOR POUFlI!D CONCRETE
2. ROUGH . FRAMING & PLUMBING
3. INSULATION
u.:tc...lAo '-'~. FINAL. CONSTRUCTION MUST
"1M MEDIA TEL V"
ENCLOSE POOL TO CODE
UPON COMPLETION
BEFORE "WATER'
----ts" . ""(&u. .
I.
(Name)
OIIII/\.IAO) ft. iliUM
heY "!!lI to "'''Q>i/4Uq ('",,:-IRE
J::tlQ'~'hA") Hl!:tw
XlnuF~IM'Ma:p"N'Il:'" .
i , ': ...1 ' ~ I',",. .;.....'
-~ --~..
ONSTRUCTION SHALL MEET THE
IREMFNTS OF ~~ES OF NEW
:TAlft NOT SIIlLIi FOR
~TRIICTION ~RROR~
County Tax Map No. 1000 Section I c, 6
Subdivision
2. State existing use and occupancy of premises lInd intended use and occupa,ncy of proposed construction:
a. EXlstmg use and occupancy J c, 'r.;... ,"",.l,- l~ d(
b. Intended use and occupancy
,
S ,-_..j .... V\.. , ""'^- \, '^--4
\
{I (', ,c, (
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
Addition
Other Work
Alteration
--' . D I SL.n
__ ............\..A."'l _____ . CX"J' ... ~~
(Description)
4. Estimated Cost
'-, 9., . Do U
I
Fee
5. If dwelling, number of dwelling units
If garage, number of cars
(To be paid on filing this application)
Number of dwelling units on each floor
6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Stories
Rear
Depth
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front
Height Number of Stories
Rear
Depth
9. Size oflot: Front
i I "b Vl-
Rear
l G?:.t)
Depth
"2.. 'S i ,3. (I
10. Date of Purchase
Name of Former Owner
II. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO L
13. Will lot be re-graded? YES >-::. NO _ W~6fi&~~v.ed from premises? YES_NO X
14. Names of Owner of premises > \1(.. ~~\ Address ;l,S:)~..~I\9.lG ' Phone ~~ 1'"73 '-\-7 2..2. ~
Name of Architect Address Phone No
Name of Contractor -. ~Addr~s\l,7't~ (W. PhoneNo.k:6\ -72..)..--5502.-
~<-.. -;:j(1M..ES9(.r\."- .
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO _
* IF YES, SOUTH OLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES'~: NO_
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundati()np!an.a9~'4istf\11ce~ ~: property lines.. '': j~1/('. .
'.,\',';' ',( ',,\;_,,~,'-qJ\i ?;::':,"N' ji1C.- It.;
17. If elevation at any point on property is at 10 fe'et or below, mut~,ptovide'{opographical data on survey.
4(.
STATE OF NEW YORK)
ss:
COUNTY
"'" being duly sworn, deposes and says that (s)he is the applicant
(Name of in ivid I signl g contract) above named,
(S)He is the ~ AO >A.~
(Contractor, Agent, Corp(1)rate Officer, etc.)
of said owner or owners, and is duly authorized to p'll'foj1'l1 or have p,er:formed the said\vork and to make and file this application;
that all statements contained ih this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
"'J '~V!n3al.iU
"','
Sworn to before me this .,3(',,::>'
g day of :::s- v \ '-\
. .
4-
Notary Public
Signature of Applicant
IWlIlN A C
""'" NIIc . .. ., I!lew Wlk
NO. OlCA41926D2
'. Qullilled in SuR'bllt c-y
. My Commissjqo.E~ i",. . -;;>-0'" I
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AMERICAN nTLE: NSURANCE COMPANY
nTLE NO. 07 - 110836
JOSEPH E. GUt.J,f
SUSAN 8. 8RA VfR
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JOSEPH E GUL If A' .' .... .SIJSAN B. BRA VER
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TO~ , (# . . 'OLD
SUFFi 'LK COUNTY, NY
, - 98 - 01 - 7.11
CALE: 1" = 40'
Sl.20, 1986
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FLOOD ZONES FROM FIRM
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MAP# 36103CO/64! G MA Y 4,1998
CONTOUR LIEs AItD WETLANDS ARE TAKEN .
FROII THE: FIVE eASTF:RN TOWNS TOPOGRAPHIC
MAPS I
N.Y.S. Lie, NO. 49618
YORS a ENGINEeRS RC.
o FAX (630 765 - 1797
STREET
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AMERICAN TITLE INSURANCE COMPANY
TlTLE,NO. 07 - 1/0836
JOSEPH E. GULMI
SUSAN B. BRA VER
!
SURVEY FOR
JOSEPH E GULMIAND .SUSAN B. BRA VER
AT CUTCHOGUE
TOWN OF SOUTHOLD l1a-y ?o.2004-!I}i!:>V well)
.)0"'1 /~ 1004- (pr"'p ,}"<" ~ ~~~
SUFFOLK COUNTY, NY 5ept. J. ~0'5' '
1000 - 98 - 01 - 7.11 DEC. 17, 2005( CONTOURS)
SCALE: 1" = 40' 'hc:.~~o~. c':,~urs I
DEC. 20, 1986 Me<y 5,'l..ooc,Crem.1oro>)
Sf:PT.19j2000 (Conlours, W.Uands 8. Flood Zones added)
Nov. 29, 2000 (prop. additions)
Jan. 2, 2001 ( MHWM. )
MAR. 7, 2001 (wood decks) APRIL 22, 2002 ( final I
FI.-OOD ZOfooJES FROM FIRM .
MAP# 36103COl64 G MAY 4, 1998
CONTOU8 LINES ARE REFERENCED TO NGVD
. 's. Lie. NO. 4961B
ENGINEERS AC.
(63/J 765 - 1797
(63
P.O.
1230 TR STREET
SOUTHOLD, N.,Y. 1/9-71
n~ 7n,.,
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
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:
3*
The location ofthe swimming pool is not permitted pursuant to ZBA decision #5~ 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.
~ Clft
'Authorized Signature
FORM NO.3
NOTICE OF DISAPPROVAL
Date: December 11, 2006
TO: Joseph Gu1mi
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 0001 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 0001 is not oermitted oursuant to ZBA decision #5340 for construction
of the pool at a minimum of 30' from the westerly front line.
The foundation location survey indicates the accessorv swimming 0001 at a distance of28' from the
westerly lot line.
The "as built" fence is not oermitted oursuant 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.
'---------
4~
I Authorized Signature
"
Peter and Eileen Walker
P.O. Box 548
Cutchogue, New York 11935
March 25, 2007
MAR 28 2r
Zoning Board of Appeals
Town of Southold
Southold Town Hall
53095 Main Road
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.
I. 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. Weare 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
but would get back to us. Despite numerous calls, be 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.
Forthe past 6 years we have been looking, listening and been incoRvenienced 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.
~uJ~
V
\
Peter and Eileen Walker
cc: Building Department