The URL can be used to link to this page

Home My WebLink About5781 ..1./,s 7., 44- Ittoviltri _JA:56 ` 3 L Eaer. V - - - -- - - - v , -Ate_ 471.z/orPi . ii..eav ; 1742_81________4121, 3 1 9-3 . - (6941:4116,0 / /041/06' o4'b 69 01-12-/to'cy Acr/e, '1?I G-Oo -. flp/9Z /d1o6 - , - - 63 &ovi-1 9/�/D5 • Office Location: ••• 0004 69' Mailing Address: Town Annex/First Floor,North Fork Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) 1 P.O.Box 1179 Southold,NY 11971 �� •61 Southold,NY 11971-0959 ED s „1i http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS ' k ,6 TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 15, 2005 ZB File 5781 —Jennifer B. Gould, 1820 Truman's Path, East Marion (as Adjacent Landowner) Appeal Concerning the Bollman Premises, 1755 Trumans Path, East Marion; CTM 31-13-4. 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 applicant has filed an Appeal concerning land owned by W. Bruce and Mary Ann Bollman, on the easterly side of the applicant's land. The Bollman property consists of 9,878.29 square feet with 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line and is improved with an accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department determinations under Building Permit No. 31232-z dated June 28, 2005, and amended August 9, 2005. FINDINGS OF FACT The Zoning Board of Appeals (ZBA) held a public hearing on this application on October 20, 2005 at which time written and oral evidence were presented, simultaneously with the rehearing held concerning this same premises under Appeal No. 5680 by the Bollmans. (The entire file and transcripts of previous ZBA hearings held March 31, 2005 and May 4, 2005, regarding the original application under ZBA Appeal No. 5680, and October 20, 2005 ZBA rehearing, were also entered into the record.) 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: ZBA DETERMINATION RENDERED MAY 12, 2005 FOR AREA VARIANCE RELIEF: In a decision rendered May 12, 2005, the ZBA granted a variance concerning Appeal No. 5680, in a request to retain the existing nonconforming location of the foundation, with reconstruction of the dwelling on the first and second floor and enlargement with small addition, as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, L.S. The relief granted was related to the location of the new construction areas, as follows: (a) setback at 10 feet for the second-story from the westerly side property line, (b) setback at 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. Pate 2—December 15,2005 ZB Ref.5781 —Jennifer B.Gould CTM ID: 31-13-4(Bollman Property) APPLICANT'S GROUNDS: The applicant stated that the height (of the new construction and alterations) does not comply with the limitations authorized under Building Permit No. 31232-z, as amended August 9, 2005. The applicant also stated that Building Permit #31232-z should not have been amended to allow for the removal and replacement of the existing foundation. OTHER INFORMATION: Discussions were held during the public hearing(s) regarding the circumstances that resulted before, and after, issuance of authorization under the Building Department's amendment to building permit (No. 31232-z) to demolish the entire foundation. The applicant herein is the adjacent landowner west and closest to the new construction activities. Testimony was received concerning personal observations, activities related to the boundaries and adjacent land areas between the Gould and Bollman properties, the removal of the foundation that existed, the hole recently excavated for the entire new foundation, use of the existing accessory building over the years, building permits and amendments, as well as other extensive information. Testimony was received by the owner (Bollmans), their builder, and the Town Building Inspector, indicating that a new foundation plan (ref. Page 4 of 10 prepared by Penny Lumber, date stamped August 9, 2005 was approved as an amendment to Building Permit No. 31230-z for new construction of the foundation in the same place, and why the foundation was unsafe to build upon if it were to remain. The Building Inspector also confirmed that the Building Department contacted representatives of the Town Trustees and ZBA Departments regarding the proposed in-place reconstruction of the unsafe section of the existing foundation that was crumbling. ZBA'S REHEARING/DETERMINATION RENDERED for ALTERNATIVE AREA VARIANCE RELIEF: In a decision rendered October 27, 2005, the ZBA granted alternative relief concerning Appeal No. 5680, after rehearing, based on the Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.4B and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. The ZBA grant of alternative relief increased the side yard setback from the Gould property (please see ZBA Decision No. 5680 dated October 27, 2005, filed on October 31, 2005 with the Office of the Town Clerk). FINDINGS OF FACT The Zoning Board of Appeals ('ZBA') held a public hearing on this application on October 20, 2005, at which time written and oral evidence were presented. (The entire file and transcripts of the previous hearings regarding the original application under Appeal No. 5680 held on March 31, 2005 and May 4, 2005 were also entered into this rehearing record). 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: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board finds the same reasons applicable to this Appeal as that issued by the ZBA under Appeal No. 5680 on October 27, 2005 (grant of alternative relief with conditions). s "Pdge 3—December 15,2005 ZB Ref.5781 —Jennifer B. Gould CTM ID: 31-13-4(Bollman Property) The Board notes that the Local Waterfront Revitalization Program coordinator, Mark Terry, has found this project generally consistent with the program's Policy Standards in his memorandum to the Town of Southold Board of Trustees, dated December 20, 2005. RESOLUTION OF THE BOARD: In considering all of the above factors and applying New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the application of Jennifer B. Gould, under Appeal No. 5781, without prejudice to the Court's determination under the outstanding litigation (concerning the subject premises, 1755 Truman's Path, East Marion; CTM Parcel 1000-31-13-4 owned by Bollman). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0). a t,(74_, 6 , 62 9.e.A,,,,_ cv Ruth D. Oliva, Chairwoman 1/2f1/06 Approved for Filing • • L 1 SURVEY OF PROPERTY 1:14i..ilik9:0,, SITUATE: EAST MARION N , TOWN: SOUTHOLID COUNTY,OUNTY, NY w ' E SURVEYED 03-30-2005 SUFFOLK COUNTY TAX # �O�' 1000-31-13-3 �F s , o . ..0 C18R° D TO: 09 0 John C.Williams 9 - Jennifer B.Gould _ Commonwealth Land Title'Insurance Company I<, 0 s6b4:7\ 000 - 4 k.o. v, ,, / ° A 0 yo O �° o ,/ A. 000 6O O :ç . so 7 -6 / -I- • ' o to .• ?' • C7 \ ~.M c .(So 'Pilk oo �� ; `� ,y w0c' �. .o o �\ \ p • 0) . \y / 1 s� - 0. y � 't,- • .44 C 09. - \ i O • ° JPiOit a-L\ „� ftQ / � V�• °oc,„ p o, �1r 5no '1,'D- \y 0 60s o -o °jt'� 0-1, o 6.c.0 '` i s ��*, j • A. O 'ti `n°sone ° \h \ sy 9.1.0 Patio y y �Q\ °� \'°' oer ooa • n Q v' N? • ,,0°-s a \ Qo�`0 SeA • I.O�m0,6 # 40,-)0\\ s • e\ ` ``,2,4' '1,' V� '1 P I // fAU i,t N -3 1 i -0 `i /61 u.e,N,ar'me',aeration nr nada''',to n 4i _t - ' mop x�wg a uce�nn mi.P14, .°urn,w i ` }J`.'_l fT )�La ...-n M1trn. rd„gni n...un ! J'\ 'U)'\-- t� 'd,41 replrs err,rrr�n•4taysr rr lnl!•w.,.•y NOTES: lk.” .,n,/y1J-. /Z)/, /f, 9lwrped seal shot'enr e.nklrottt to Mr valid true `elr •' } -f r1�filot'rms.HV air hwr ro•,'if�r,tiy'0,ON• MONUMENT FOUND ,' \�,„ ,;, ;�,;>,, ;/4...b,- 5� .,�.p epo nd ..,0do n n, �I l t : Ktb,y code of react,n her La.)xveys orMptr d ''r ''',.:2,.. ti-Y >k`�'/ hl tlo Neo'fork state n9soc'ntwr,at Ornlesslor al Alpe: ��` /r Lana 5vv Sold car t'ttrotimq'Anti rvn rnd, r•'it 1 _a\ h to the p for"than the survey Is pr 600 rd. 11/2 STORY FRAME HOUSE ROOF J``'4�Sa' an hisagency been!!to”"t""rw'roY hrres,ar lth osstg and or they landing to Ikled'rrer-W and to the rhre not!of to I bio to Lntlwt n errtRica- PEAK AT 20.5' ABOVE AVERAGE GRADE EHLE are not trogferab�°In ndditbrol h9tltrrtlOnS AREA = 1,410 S.F. or 0.11 ACRE JOHN C• Ei HLEa I" S LAND SU 1!�'VEYO j%, 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIC, SCALE 1"= 20' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\05-147.pro ® m 4/612005 ,.23.SWM \W,v,rvrre005`05-1.11 Mn -, ....) ' 1 ',, . INILI / / n ' .,vy /IC, --•\ lb •*- I: 7 G- on - e �,p 6', ) y a ; .IAS (f SEP 1 3 2005 • \' ';\ e TES] HOLE ' a\•9�`�� .'�',i'SP^P�� r,r PP • 1 :' • < 20 p Ci. ALS \\ \\ \\' I •e 4 a ,• "L(^ (4V “ a., ..i..\ ••• 2 \a, \ \ e .i. p4 -p< re • � Y1' " ti "• "\YJ, 1 , •, } .Or� , •/ �• • `- r\ c ti, O ('\ 5'.. I 0.'" c's -p � J \ •J, t�� ' \ Poy�` 4T F�i` -t- -f- G �r SA ` --, .o�by acP 0 myC < < v y• y _ 4(s .11 4\ — 13 1 15 ik\R ,., '4,\ „„.•'. 6 �� 4 \ - `fy1� - y PFtF P\cam • r y� o �Ce� v\t� \ • p� `� t^ pOp SF' ti\g�`E i ,, /1/AII 0 P 0 49c" �• 1�. O AO ft. 1 O�ye. C:g 5 Vis \ \/ /2._1)GG `^P , 6 E'OIC•1 '1\‘\‘G F� Off• F 'y \�0 5C tit • 4 s'.;C.'+*;. li., ‘;'t 1- 0 7... ...___ "Z-"-_,, c'.'",. • .• .' ,,_,N c,_Tp N5....---- ,...1G GI- f 72, - - �i� \ oar S- �•" 0 y U Cl F 1 7' . O \ y�`d ON µpZ,,o ,," �� o• •o CONSI AI ERp51 0 63 gµE \1 1) •• b ••••••• )E. oy `I-.- 'Di. „T.'S gri '.., .:`, . S ‘,5?,1/7,-;./..7;:/ y, 01."1---- :?!:..,BV pP py2�(� (fYP) :l. 9..c3' (-)6\ ,/ /f , c,t 0:2.09_,„OS epooz--6 -0/- '-: i..' b- :A s i-,' ,17* 7 , ��\L 5,-ZO 0? \ QF LF) '. �� STEPS / . ti\ ,/ \O \ Lp� -4. // %e sx 1 9 � . s ' sse. : E 0\-`' � � // �/ eg � � (0 •Y� \ �- O��a 4Nr lJ te cp.1-- ...,/ / j J yt'-Prk „ o�ry �aG .,00 4Nvs�// 0E5) 2C1C0 (\/ ill o� • �� //' 45, �� c. Ill 2‘ C' ili � � �1 X111 •1 -/ Yl� (1/�• @� y``�G . ..__ SURVEY OF PROF--;TY . . ., .'-.31,-PLIATE: EAST MARIO' N TONN: SOUTHOLD SUFFOLK COUNTY, NY , W - -- E SURVEYED 03-30-2005 -/-11 e-"P\ SUFFOLK COUNTY TAX# 1000-51-13-3 "" ...5e," S •=5 -0 CERTIFIED TO: "P 0 0 9...<" John C.Williams Jennifer B.B.Gould Commonwealth Land Title Insurance Company , u 46b1 6 0. • . . ,..,.k.v,...)- „ ,k• w re9 ds . 66 / ''' <- 4p^eN ,/ ' a •1/4 0 „.,.„. •••\ -00 \-- .t4P Id ,.../. • C21, k o \N \ ‘‘. • r...., ( ....,r, (s,q N . 9- 1- o • \ ,,z ,, % ,1 0 t ”. 0 .,_ -6. 0,o, Az, \ q- '• 1 .5. , ,%11,•" \,),..\,...**, ..,, o • %11‘ -'- °‘4 I, • ' °,,,,, ,,.. , 0 1° 5,y- ,0 \ •-c\..- 3 :3 ...,, 0. •-, ... .,‘" 9 Tk ---)s, \ e -5-o 7) - Cg;76 06." o ,C.' .Sso <-3 \ •=, ,,, ,../N„,,s .,, • a \ .•"'),' --- To,, ' • ?60,.#\,\ 1/ 44,.)1 Cis\ \ ,./ ,,h) nr); -',0• -.) f,,,Ill S ( 1)) is' qc L6"..\. (4 oil fikti4i,. -,, ... f\.< 'AU ,s,, t \ 11 \ siV C, NOTES: ,ck, /6, • :4-,/ .,.„., ,....,, . ,...„. .„, 'A‘„ • MONUMENT FOUND S,Irk '''- - , •i " ....-..,,,,-, .. 1 1/2 STORY FRAME HOUSE ROOF PEAK AT 205ABOVE AVERAGE GRADE AREA = -1,410 5.F or 011 AGRE JOHN C. EHLERS LAND SURVEYOR ' 6 EAST MAIN STREET N Y S LIC NO.50202 GRAPHIC, SCALE I". 20' RIVERHEAD,NY 11901 6.116M6PM.111111.--- 369-8288 Fax 369-8287 REF\\Hp server\d\PROS\05-147.pro • ,_. LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 20, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, October 20, 2005, at the time noted below (or as soon thereafter as possible): 2:50 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • 5 APPL1 CION TO THE SOUTHOLD TOW: r`OARD OF APPEALS . r For Office Use Only — �1 Fee:$ Filed By: Date Assigned/ ssl n ''e�»,t"No:a Office Notes: AUG 2 200 PP li coo+ s °4Nta a d rP� ap Parcel Location: House No. 1820 Sheet' Truman's Pa - ifQ0,� , aml East Marion SCTM 1000 Section 31 Block 13 Lot(s) 3 Lot Size 7410 s.fone District R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: June 28, 2105 and August- 9, 2005 in connection with Building Permit No. 31232 Z issued tb.W. Bruce Bollman for 1755 Truman's Path, East Marion 1000-31-13-4 Applicant/Owner(s): • Jennifer B. Gould, applicant for this appeal Mailing PO Box 177, Greenport, NY 11944 Address: Telephone: 631-477-8607 631-477-2601 NOTE; If applicant Is not the owner,state If applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Eric J. Bressler, Esq. Address; PO Box 1424, Mattituck, NY 11952 Telephone: 631-298-8353 t-poc; 631-298-8565 Please specify who you wish correspondence tb be mailed to, from the above listed names: • [*Applicant/Owner(s) , ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction Other: AppP1 frnm Biii.brei ng Tnspertnr'S dPc'i Si nn to i SS17P pPrmi t- 312372— 1 ), approving a building height of 30' and amending permit 31232Z to replace the foundation. Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection of Appeal-An-Appeal-is mule-for:- 0 aile-for:0 A Variance to the Zoning Code or Zoning Map. El A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section [ Reversal or Other of hili l di nr, permit 3123 , � n a 1 1 amcanr7mentS theretc A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. flOYear 2005 , JENNIFER B. GOULD Attorney at Law 210 Main Street • P O. Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 August 23, 2005 Zoning Board of Appeals (ZBA) Town of Southold PO Box 1179 Southold,NY 11971 • RE: Appeal from Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. Dear Sirs and Madam: I am the owner of 1820 Truman's Path, East Marion,NY (SCTM#1000-31-13-3). This letter is an appeal from the Building Inspector's decision to issue permit 31232 Z- 1) approving a building height of 30 feet; and 2) amending permit 31232 Z to replace the existing foundation. A copy of the survey of my property is enclosed. My property is adjacent to 1755 Truman's Path, East Marion,NY(SCTM#1000-31-13- 4) owned by W. Bruce Bollman. This property was the subject of ZBA Appeal No. 5680 in which a decision was filed on May 25, 2005. On June 28, 2005, Patricia Conklin, Plans Examiner, issued Building Permit No. 31232 Z for demolition and reconstruction of a new single family dwelling per ZBA Decision #5680 & Trustees Permit for the above-referenced Bollman premises. Copies of Permit No. 31232 Z and the underlying building permit application are attached. 1)Height of Structure The application for building permit received June 22, 2005, should not have been approved by the Building Inspector because it states that the height of the new construction and alterations shall be thirty (30')feet. This does not comply with the Board of Appeals decision filed May 25, 2005, in Appeal No. 5680, in which the height of the new construction was reduced to a maximum height of 27 feet to the highest peak. 2) Foundation Replacement On or about August 5, 2005,the existing foundation at the Bollman premises was completely removed on an alleged verbal ok from Ruth Oliva on August 3, 2005, according to Patricia Conklin, Plans Examiner, and comments contained in the "Road Sheet"attached to Permit No. 31232, a copy of which is enclosed. Removal of the entire foundation was not authorized by the ZBA decision in Appeal No. 5680, and can not be / C I modified by an alleged verbal communication from a single member of the Board. Rather, Mr. Bollman should have made application to amend the ZBA determination . On or about August 9, 2005, Patricia Conklin, issued an amendment to Permit No. 31232 Z permitting the complete removal and replacement of the foundation at the Bollman premises, on the grounds that the existing foundation originally certified as adequate by James J. Deerkoski in June 2005, is now deemed unsafe because it is crumbling and extends only 16 inches into the ground with minimal footing underneath. See letter from James J. Deerkoski dated August 9, 2005, and John Bertani's letter dated August 16, 2005, copies of which are attached. The Board of Appeals in Appeal No. 5680 did not authorize replacement of the entire foundation at the Bollman premises. On or about August 18, 2005, excavation of the Bollman premises commenced. The excavation is approximately 10 feet deep with a 90 degree vertical over cut of approximately 5 feet surrounding the original foundation, extending into the Coastal Erosion Zone. The over cut is approximately one foot from my property line, exposing the roots of my bushes along our common boundary line. • During the ZBA hearings in connection with the Bollman variance, I relied in good faith upon representations made by John Bertani in the form of letter notices with attached surveys (March 7,2005 &April 14, 2005), written communications (March 31, 2005), testimony on the record (March 31, 2005 and May 4, 2005), and conversations in my living room (April 9,2005), that the existing foundation would be retained and was sufficient to support the proposed new construction with a second story addition. The fact that the applicant's engineer was apparently in error in certifying the adequacy of the existing foundation should not allow my neighbor to entirely transform the basis of the original variance application and issuance of subsequent building permits into an entirely different project, at my expense. I respectfully request that the Board of Appeals revoke Building Permit No. 31232 Z and all subsequent amendments. • Very truly yours, 1 so ifer B. Gould nclosure • 2 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. 31232 Z Date JUNE 28, 2005 • I Permission is hereby granted to: W BRUCE BOLLMAN GRANGE ROAD SOUTHOLD,NY 11971 for : DEMOLITION & RECONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA DECISION #5680 & TRUSTEES PMT. • at premises located at 1755 TRUMANS PATH EAST MARION County Tax Map No. 473889 Section 031 Block 0013 Lot No. 004 pursuant to application dated JUNE 22 , 2005 and approved by the Building Inspector to expire on DECEMBER 28, 2006 . Fee $ 874 .40 Authorized Signature COPY Rev. 5/8/02 i iI I ,�-• .-J 41 --11 --A7 "• TOWN OF SOUTHOLD PROPERTY RECORD CARD WNER STREET VILLAGE DIST. SUB. LOT / B Y 1,9G 2 / /X e"..7? %.1,,ZA",.A,, 1 .'1•11 , / ',/'/6U t 7 -E,S'a- ` AMER OWNER N E ACR. _ - /144z.4/PIO v,",ti' &CL7.:�1 •.::, r �tJ C C/ 7�0 . a bio - ' - S /,��,.�/Tl W ' TYPE OF BU I LDIN . e .z„ meq✓ 4�l©y� ' n s.�4i .c � . 'a' _ • off 1 S" 3." 66-f 6 SEAS. , VL. /FARM COMM. CB. MICS. Mkt. Value ✓?T fC h LAND IMP. - TOTAL DATE REMARKS • . • Pa ilP - 1 4'I'C) •...,,___.'‘0 6 MOM • es- ..1_ a, .....„4 3 - .-- w --s4- -.. ' k 7 ,f `a00O Alliz a 7 °7-6' . a S 0co. Co _ 4 800147- caw) r. 111=1111. /D a r tee ' . - ,." SSE 7o0 5 V / 0 ZQD . dam' ' 7 D 0 90,D e� , /0 a EDS' •o o . _,.i.ri..:. ' = . . ..... . .e. ... ... AGE BUILDING CONDITION EW NORMAL BELOW ABOVE URM Acre Value. Per • Value • Acre able FRONTAGE ON WATER odland s. S FRONTAGE ON ROAD 5 6 • / - - „ .',9-0 adowland DEPTH ,2 26 use Plot S BULKHEAD - ism OK — �5 al tab .o. DOCK - — •• . • • .,,' 4- • 11 . . ,, ,;•,„, . L , ii.;4"':IS t' '.1 qfr, t - . . ii COLOR .. A. 1.)-ti - - •' •• TRIM • „,/,/""_.,7, •/• t./....0t, ..--- . auI •,, . . . Ate- ,,,.. 111111 . I . • ! 1 . . rIIPMe.4.:;'t • V • . .•• all II II ! 4 i• iirimaNwomismom 111111 lit 11111 II III ME • • _ "•r ..,, :^S '1. ..j0 '.59:4014.; „.;4-- .., I 1111: ME IIIIIINIIIIIWIINIIIIIIIIIIIIIII' IIIII 11111- . .. -, I.0 I e7 . • lioniM0MI11011111111111111.111.1. ., . .... F.- . ems ME M. Bldg. - ,_....,. _, ...,. ., .....; . . Extension — ill /121( .:_. er S 9 , 7 3 o o _ “, / \ ...) Extension ' 111111 .. ... . . . , Extension• ... .. . — ... ... .. W..130A*.r.tsi, ., . - . ..... . . . - ' Foundation e, ,,,,,, ,,, e,, .Bath . / Dinette . — -•—• P, Basement •e) Floors ...--- I. K. I a.'rt i Poch Ext. Walls 0 ( s'"' • Interior Finish ! ri L LR. . . ... ._ • • 27 Breezeway Co K it c (e 228 ,2-5--- 6-7 Fire Place ‘ Heat DR. -Garage • 2-1 12-S 7- 86 (00\ • 11-t'a 'RoofBR. ' Eazi 0 m Type Rooms 1st Floor •- •-- 1- I , Patio , illecreation Room Rooms 2nd Floor FIN. B • O. B. r -: P- • -0 •,--00 ... _x_rei..... Dormer Driveway ,. -4,--e-- '....... I kee.-C,Q,&) qi, .".....:. SR. • 4•44t' ‘Zq bet4et,- ''C."cet.L f 3.- 2,.2.5/...) octc. Tke - - 110. If ' Ali -------_—________ 6®u�+D � cdo‘4, COUNTY OF SUFFOLK 5 � =v0 ;t ' STEVE LEVY SUFFOLK COUNTY EXECUTIVE ' DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING April 14, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA APR 2 1 2006 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 ZONING BOARD OF APPEALS Dear Sir: 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) Gould, Jennifer ' 5781 Premium Wine Group 5784 do O 5- McNeilly, Ellen 5800 Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc M:\ZONING\ZONING\WORKING\CHRISLD\aug\sd5680.sep.doc 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 TOWN OF SOUTHOLD BUILD1Th ' '`ERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT '' I I. t u have or need the follo ing,before applying? TOWN HALL -` IAN 1`8 " Board of Health SOUTHOLD,NY 11971 ; ' 4sets of Building Pl s TEL: (631) 765-1802 Planning Board approval FAX: (631)765-9502 `' Survey www.northfork.net/Southold/ ' PERMIT NO. "3J.1. 02 Check - - Septic Form 1 • , • N:Y.S.D.E.C. Trustees ' Examined (o/ ,,2Qb,3 Contact: Approved - /�o /*266 • ©� - - Mail to: Disapproved a/c 2/3 b fit mii:-. ` ' , •, - Phone: Expiration kg,)f,20 • •---- 1 /6Al&i:—. lding Inspector , , PLICATION FOR BUILDING PERMIT e �� Date , . 1G , 202) • �.;�,..--r-6iFT ,1 t�� , INSTRUCTIONS - , --'" Q �f SQU a.T•'s a..a°.ion MUST be completely filled in by typewrit r,in ink and submitted to the Building Inspector with 3 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. ' 1 , 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 s, authorized inspectors on premises and in building for necessary inspections.' ' 01(1n ee-C+O-n', 6U-1lde rT (Signature of applicant or name,if a corporation) , (Mailing address of applicant) �u Ill 71 , l State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician;plumber or builder Name of owner of premises ' LU ' 6rtke_e, Igo I m o (As on the tax roll or latest deed) If applican is aa corporatio , signature of duly a hori zed officer ' 4ame and title of corporate officer) ' , ' - _ Builders License No. ' /,--I,qq S , /+L ' - - , Plumbers License No. ` / m , Electricians License,No. 6. ' ' ; , ' ' ' , - ' Other Trade's License No. ' -1 - ' 5 1. Location of land on which proposed work�jj"ill be done: , "- - , 1 ', c e rneLa.a /'a.H- ECS-,P" f17)am-I.-- House Number, Street . - - Hamlet . County Tax Map No: 1000 Section 3 ( " Block ` 13 m2n oa,3mgog O - Subdivision Filed Map No. � Y wg 1 tO a?si2,Dil ebtlrieil (Name) ,s L t1DJ1u.a;: ' ......As.1 vut eetiq J mei v 2. State existingluse and occupancy'of premises and intended use and occupancy of proceed Iponstruction:p.. ., , 'a. -Existing use and occupancy O n e- M rA La_ d.�e.l t in G _. ' " , Q b: Intended use and occupancy on . c---m,<<, ' 6._W c.lk k,n C • `� 3. Nature of work(check which applicable): New-alluding ,'.� Addition a Alteration ' , - Repair_ ' ; Removal t emolitio n j Other Work , (Description) ' 4. Estimated Cost 17c 001 v 0 0 F e� '�„', _ :,, , 1 , r ' s- '" (To b'+i, id on filing this application) 5. ,If dwelling, number of dwelling units I Number of dwelling units on each floor , • " If garage, number of cars , 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ' 7. Dimensions of existing structures, if any: Front ,Dc1. /• Rear - 'a-q."( '' Depth 714WE ti© i. Height IL Number of Stories I , Dimensions of same'structure with alterations or dditions: Front aG . c Rear . aq. Depth L17. 5"-- , Height , 141)r •Number of Stories ;,P., : 8. Dimensions of entire new construction: Front- a.q . Rear ac., C , Depth. Li-5 . 0 Height Number of Stories — - ' I. - 9. Size of lot: Front 57.) Rear 5•(oti ( Depth c?0(0.017 / - 10. Date of Purchase - Name of Former Owner ' 11. Zone or use district in which premises are situated key,id_oil l-i«l - ' ' 12. Does proposed construction violate any zoning law, ordinance or regulation? YES . NO, , _ , , . . '13. Will lot be re-graded?YES NO /Will excess fill be,reinoved from premises? YES NO 14.Names of Owner of premise's O•&J&LLee, dal I/0'1"Address a. Ma 'u . one NG:' '`� -00.. Name of Architect Rimy L.wit/if/ frc' o I Address •n • ' .o ffi-/i Phone No -I Uy ,7I: Name of Contractor re_M-7.- :,(n t Address 4,tI -.i bc0 4.4f"Phone No. (0.C.--/f' G1 1? 91 15 a. Is this property'within 100 feet of a tidal wetland or a freshwater wetland? *YES V NO , * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is,this property within 300 feet of a tidal wetland? * YES V NO ' * IF YES,D.E.C. PERMITS MAY BE REQUIRED. '�41- v ' 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. , ' 17. If elevation at any point onproperty is at 10 feet or below, must provide topographical data on survey. • STATE QF NEW YORK) ' ' SS: . . COUNTY ORS-cuff-61Q, . , , , L l/1 1e__ :D. Ay-171.n i being duly sworn; deposes and says that(s)he is the applicant ' (Name of individual signing contract) above named, ', ', (S)He is the . , CUYI t ra_er Of - ' (Contractor,Agent,Corporate Officer, etc.) ' . of said owner or owners,and is duly authorized to-perform or have performed the-said workeandtoZnake and file this-application; that all statements contained in this application are true tohe best of his knowledge and belief; and that the,work will be , performed in the manner set forth in the application filed thee with. " ' Sworn to before me thi 1 11 day of �S 20 a ele,,,&,z-,_.-' , � . , ‘, ' 9Y„.„. ary Public Signature of Applicant ' BONNIE-.1.DORrISIO - ' ' . ' ' - Notary Public,State Of New' t- ' - ' No.01D06095328,Suffolk unt$ , Term Expires July 7.20. ,.., ' . n - ✓ , 1 FIELD INSPECTION REPORT DATE ' . COMMENTS FOUNDATION(1ST) ' Y t FOUNDATION(2ND)' ti. , Gd 0 VIc,, ROUGH FRAMING& —1 y PLUMBING . 3 i „ -D INSULATION PER N.Y. - H STATE ENERGY CODE , ' 'r . . . , . , , FINAL 3 Q ADDITIONAL COMMENTS . 0-j‘ - .;..„,11„ ' ,,,,e;(..-: ,':-74-..t, 69,124. , . )2, c9 4 o yc-01-4- 4_ cwvit-A-244.."-- atc.,--e___ ppie; C.,G,i,-,--jiae-- 4, zz-6---2- . frAL / _ 1 'e7 .- ' ,'. :� �c r , It 7c 01/4 I i` r! S . 0 2' SO - /41464° /m-4,6-- ...A.iff-v-L',"-e.,- d..-.._cA,v,--€4,14--12 _: ,ee:/1.1Act.,,, Sif.,_.-e- Ka DP W , . 0 7frbil /1414% i-aiot ,_ /1C . - io-14.._49, . (41-,tApe‘L , ts _ ,, (ec ,. , , , . . . o . , - 00 . d o 1 4 JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck,N.Y. 11952 (631)298-7116 19F-E-1k [L UTo: Town of Southold Building Dept. �---- 1' 111 I' , 'R 9 2005 I ,j_•cd Re: Unsafe Foundation I Bollman ----1 East Marion,NY • To Whom It May Concern: . After a foundation inspection at the above mentioned property, the existing foundation is crumbling and only 16"in the ground with a minimal footing underneath it. This makes the foundation unsafe to build upon. Any questions feel free to call. • .cs OF N �• . o'g; :eTT\ .ski `°,4 07\t ` � • . OF.SSSI1 ,_�....•... . .. �_ �'.•_.�..�� es, .;�, John Bertani Builder Ince ' r � , 1380 Oakwood Drive J6 � 7 I Southold, N.Y. 11971 (631)765-1594 s.s� ,"..:ioLD FAX(631)765-3916 -^ _t _ - August 16,2005 Bollman-Permit No.31232Z Southold Town Building Department To Whom It May Concern: At the request of Pat Conklin, this letter is written to show the sequence of events leading up to the request to amend the above permit. We removed the foundation plantings at the Bollman residence in preparation to remove the existing home. While we were in the process of dismantling the house, we noticed cracks starting to appear in the foundation. Upon digging down,the foundation was found to be less and two feet below grade. We asked James Deerkoski PE to examine the foundation and he found that it would not be structurally safe to hold the new building. He has furnished your office with a report of his findings. As per his advice we requested an amendment to the existing permit to replace the foundation in the exact existing location. Sincerely, 9151,--, C./L. 6./LA-- 6A.-L, John A. Bertani President JAB:lb 1 • . c 0 04 Page 2 of 3 - Appeal Application LW-i- appi(Co bl0--. • Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner)____- - (Notary Public) ZBA App 9/30/02 • ; , r j n• Page 3 of 3 Appeal Application • • Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property Is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community, (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA--- — VARIANCE STANDARDS: (Plea§e consult your attorney.)- Otherwise, please proceed to the signature and notary area below. • Signature of Appellant or Authorized Agent Sworn to before me this .(Agent must submit Authorization from Owner) day of , 200_. (Notary Public) ZBA App 9/30/02 - PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): t 01 l i PP f cc ti O LQ.. I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. foof cliff! rcio _ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes ❑No B. Are there any proposals to change or alter land contours? ❑Yes ❑No C. 1)Are there any areas that contain wetland grasses? 2)Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel and proposed use Authorized Signature and Date 1, 1,1 , ' ' APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers 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. YOUR NAME: 61'0 cll d 3' t r , (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other" name the activity: a (pa(( —fro M 'C/01C470(tv�Ci l,0 ,A MOIL? .6 Li 6u�(d„i‘3_ �/iSi c r :S S is 1196j cf Mt anit30 ►f), 4rm i fi' '31 a 3 7 Z. 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% of 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) 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); • __Clan officeradirector,_partner, or employee of the applicant;_or D)the actual applicant. DESCRIPTION OF RELATIONSHIP e L` Submitted this o day of A w Gi US-1 2 ODSSignature: C,71/" " G/1 ,t om • Print Name: ( en e)pfe4-6. GoLut oC , _ , �,v1' a FOL,t •- Office Location: � �•#,% OG Mailing Address: Ort Town Annex/First Floor,North Fork Bank % 53095 Main Road • �- ^r P.O. Box 1179 54375 Main Road(at Youngs Avenue) V4%4 Southold,NY 11971 `ty„, - �a�l°�� Southold,NY 11971-0959 ,1 04. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 January 25, 2006 By Regular Mail and Fax Transmission Jennifer B. Gould, Esq. 210 Main Street P.O. Box 177 Greenport, NY 11944 Re: Appeal No. 5781 by Jennifer B. Gould Dear Ms. Gould: Please find enclosed copies (by fax and regular mail) of the December 15, 2005 ZBA determination filed today with the Town Clerk regarding your appeal. Thank you. Very truly yours, Linda Kowalski Encl. Copies of Decision also to: Town Clerk (original) Building Department Harvey Arnoff, Attorney (for Bollmans) r PLANNING BOARD MEMBERS sof' _ �,. MAILING ADDRESS: lx 1179 N of so�ryo ,\ SouPthOold,oNY 11971 JERILYN B.WOODHOUSE e Chair l� l0 ` OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS N � 54375 State Route 25 MARTIN H SIDOR GEORGE D.SOLOMON � 1f (con Main Southold, NY d. &Youngs Ave.) Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees ! r ` - From: Mark Terry, Senior Environmental Planner ; ` LWRP Coordinator ' t: DEC 2 0 2005 i Date: December 20, 2005 - Re: Amendment to Permit#5901 W. Bruce Bollman SCTM#1000-31-13-4 • W. BRUCE BOLLMAN requests an Amendment to Permit#5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Pelniit to allow for the construction activity in an approx. 108 sq.ft. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#31-13-4 The structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed, The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top of bluff line demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. f The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. To further the intent of Policy 5.1 and 6.3 A which states; o- A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter § 97-12. Findings; purpose; jurisdiction; setbacks, unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement,which is wholly within their jurisdiction. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at(631) 765-1938 if you have any questions regarding the above. . . . . ......._, , -......„,.., .'` . , t 1 o 3 - 3 '''6 c) ,..:3 „------,,,,,,,-.A---, ,-, .. 1 Int ?-or 1(31 Li I 1 /-------,•\ . .._ , __.. ktii16,14,i' , !--.1 i-4,...=-- • - - ,-,---,,,,,,,-:_--------,:-.. .....--..ar.-.------ .,-;,:-..,=.,2•-,...---..::...-- ,--, ' - -: '.':* --- , 1 11t4T -..„". 1j_ 12E:L_L_•__171 .;:X.\-M7'.'il L098-LLi71",a014:1i:.. i ......=-...-..,...,:--....„...---,..,:.,...,-. ,„. L. , :".•:•11.____ ttag-2::p, RO3012-Ji f ,i 4i 1-10 Uaalp'-..,---:., • :MIDI --' = :$54..ipipvi Clib'bsg loino9 .g Jajiiiiiaci," --:;':!-Oui41 --„" doci T'',;-: ,;-,-.---"-:- '--,--,71.- 3-i, .•,.?-q"'*,,,,,-,-::-',.:--,:- --- -:,-,; ,- ,-,,,,,:-,'. -'-• "-- - -- - c. . (....—....14;.11.,-. ........,... ':- ---'--, ...-,.:..-.. -...,.,•„,;:-....-:......,.....-,....;:,.._2:..::...„,---,...... .. ...-,....J /P% JENNIFER B. GOULD -' Attorney at Law 210 Main Street • P 0 Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 AUG 2 3 2005 ®NINO BOA 1D OF APPEALS August 23, 2005 Zoning Board of Appeals (ZBA) Town of Southold PO Box 1179 Southold,NY 11971 RE: Appeal from Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. Dear Sirs and Madam: Enclosed please find the original and 7 copies of my application in the above matter and my attorney's check in the amount of$400.00 for the filing fee. Very truly yours, In/1/( iffnnifer B. Gould Enclosure cc: Eric J. Bressler, Esq. APPEALS BOARD MEMBERS0••0140F SO1i7 Southold Town Hall Ruth D. Oliva, Chairwoman s �O sc. , 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * t Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. . ,/�� Town Annex/First Floor,North Fork Bank Michael A. Simon :!feOUNri 1•� 54375 Main Road(at Youngs Avenue) • ;,.�'� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 REPLY MEMO TO: Building Department Attn: Pat Conklin,Permit Examiner FROM: Ruth D. Oliva, ZBA Chairwoman, - � , DATE: November 14, 2005 SUBJECT: Referral by Building Department(Bollman Site) Reviews under ZBA Condition#8 (Appeal No. 5680) In reply to your referral of November 10, 2005, this will confirm that the building setbacks and related information on the survey revised November 9, 2005 will be in accordance with the setbacks noted in the conditions rendered in the October 27, 2005 variance determination. Prior to issuance of a Certificate of Occupancy,please inspect and confirm, in writing, removal of the kitchen area and cooking facilities have been removed from the accessory building(Condition No. 9), and compliance with the conditions under Zoning Appeal No. 5680. Thank you: , z0c) TOWN OF SOUTHOLD .lp 9,_, SUFFOLK COUNTY, NEW YO -?0,•z,,E„) S.C. TAX No. 1000-31 —1 —C N o SCALE 1"=20' �ya� d APRIL 3, 2002 DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SU"1wY� JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & 7-T,kr MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA MAY 6, 2004 ADDED PROPOSED DRYWELLS DECEMBER 28. 2004 ADDED PROPOSED SEPTIC SYSTE FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDIT - FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETE MARCH 7, 2005 ADDED LO7 COVERAGE DATA AUGUST 29, 2005 LOCATED FOUNDATION NAILS NOVEMBER 9 2005 REVISED AS PER ZONING BOARD OF Al G ,.a 0- AREA = 9,878 29 sq. ff. 0�� -O / by`y0 (TO TIE LINE) 0.228 oc. �, e ,87 CERTIFIED TO • e�� e,D v./ '' n°c W BRUCE BOLLMAN .. C� � O A; ' ,Pyp J1 475? ,,Ai �, y'4r s }E, NOTES y�P 1 ELEVATIONS ARE REFERENCED TO N G V E DA G 37 EXISTING ELEVATIONS ARE SHOWN THUS ' ' EXISTING CONTOUR LINES ARE SHOWN THUS a is - FIRST FLOOR GAR GE FLOOR A c-- �� I � Q'pA�'N a �$ - TOPAOF BULKHEAD �` _ x� ^�L�'OLOs�•• ' TOP OF WALL OF UL KNEAD `'?.Y N o ,�"q s� 2 FLOOD ZONE INFORMATION TAKEN FROM � ` /r 7 („ FLOOD INSURANCE RATE MAP No 3610300064 G \ TE"si R • • �� OO ZONE AL BASE FLOOD ELEVATIONS DETERMINED °°20 _ \ ° a i" -S,S• x 7 ZONE VF COASTAL FLOOD WITH VELOCITY HAZARD (W/ E J < A.° Y� BASE FLOOD ELEVATIONS DETERMINED �'<y , s(E \ • a ry,,,t•� ° °I 5t `q��-p- ZONE X AREAS DETERMINED TO BE OUTSIDE 500-YE! ° / v \a ° 9 '(s�� 3 SEPTIC TANK CAPACITY IS 1,200 GALLONS �Q° �� 2�i�' �,pL, •e 1 TANK, 8' DIA BY 5' DEEP °� ° x /GFry, �,, 'o�y O��O,� 4 LEACHING SYSTEM IS 400 sq ft SIDEWALL AREA _ '''.:5,.... ire \X , "P. 8 �.� �,p O -2---- 2 POOLS, 8' DIA X 8' DEEP / ' \°y° �F 0'p �Z,F ra 7 c�<" 2/ & ?� ` • G<-• ' , PROPOSED EXPANSION POOL N - CCR PAD S9101107 '- F O O /^ N 0'6' '1, 1`l: .-1.•// O I PROPOSED LEACHING POOL _ NPE jI \�Ny��iR TP\ ��°� rya , � �—�� tgi�� I/� \�`x r in CC PROPOSED SEPTIC TANK C PS cP\ rs ��'�'.°oo \ 5 THE LOCATION OF WELLS AND CESSPOOLS SHOWN I- 5 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHE d ' 1 gy?yv�r 4p �� 5 oF� �` N _ 6 THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLI q ca‘ • e°° / \� ice`irk \ '• 7 EXISTING BUILDING COVERAGE (INCLUDING GARAGE, F Ff ON - 1,- ?,", C"� �� x 3 PROPOSED BUILDING COVERAGE (INCLUDING EXISTING 4 [�b . —4:/ % 0% • ````/ ti Q SW-.),, off 1� °° o E AS TA J IO N "(1^ S ERpS10N NAA LIN .28 PF 49 ,-,, 9,ti i �F S� Sp CORS AL E•OSIO1A g3 SHEET y ° co As NO 48-0 64°- ',"-'i �� lsc.'56s N� �� 4°tio PHOTO g tP C 2 74 �1 P pRYViE1 LI �!, \\ a5 - / . `� 1 IA x 6'D?zoOF 81114-OFF Cr(? \\ FF 3s / o a TEST HOLE DATA �pOS p j RS FSR + - °oP4- - /� (TEST HOLE DUG BY McDONALD GEOSCIEIJCE ON C rl ¢Le 171 J,1.97 , JENNIFER B. GOULD triv Vd ‘r 4 Attorney at Law d(P4 210 Main Street • P 0 Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax631-477-2601 ECEIVED AUG 2 3 2005 t • 41A a ��.AnD OF APPEALS 3,nY_ �� August 23, 2005 � Ruth Oliva, Chairperson Michael Verity, Chief Building Inspector Zoning Board of Appeals Patricia Conklin,Plans Examiner RE: Appeal of Building Permit and Amended Permit 31232 Z in relation to Board of Appeals Decision No. 5680 Premises: 1755 Truman's Path, East Marion,NY SCTM# 1000-31-13-4 Dear Ms. Oliva,Mr. Verity &Ms Conklin: Enclosed please find a copy of my Notice of Appeal in connection with Building Permit No. 5680 issued June 28, 2005 and amended August 9, 2005. In accordance with Town Law Section 267-a(6), all construction at the above premises shall be automatically stayed. All Building Department records in connection with this permit should be transferred to the Board of Appeals,pursuant to Town Law Section 267-a(3). Very truly yours, i ennifer B. Gould Enclosure cc: Eric Bressler, Esq. Kieran Corcoran, Esq. John Bertani Builders Inc. r t NOTICE OF APPEAL TO BOARD OF APPEALS In the Matter of the Appeal of Jennifer B. Gould From a Decision of Patricia Conklin, Plans Examiner and the Southold Town Building Department TO THE BOARD APPEALS OF THE TOWN OF SOUTHOLD SIRS and MADAM: PLEASE TAKE NOTICE that Jennifer B. Gould, hereby appeals to the Board of Appeals of the Town of Southold, from a decision of Patricia Conklin, Plans Examiner, to issue Building Permit No. 31232 Z, dated June 28, 2005, and an amendment to Building Permit No. 31232 Z dated August 9, 2005, related to the premises located at 1755 Truman' s Path, East Marion, NY, County Tax Map No. 473889 Section 031 Block 0013 Lot. No. 004, pursuant to an application dated June 22, 2005 and approved by the Building Inspector to expire on December 28, 2006 (copies attached) . The grounds for this appeal are as follows: 1. The application for building permit received June 22, 2005, should not have been approved by the Building Inspector because it states that the height of the new construction and alterations shall be thirty (30' ) feet which does not comply with the Board of Appeals decision filed May 25, 2005, in Appeal No. 5680, in which the height of the new construction was reduced to a maximum height of 27 feet to the highest peak; and 2. Ms . Conklin and the Chief Building Inspector exceeded their authority by amending building permit No. 31232 on August 9, 2005, to allow for the removal and replacement of the existing foundation at the subject premises, since removal and replacement of the foundation was not authorized by the Board of Appeals decision filed May 25, 2005, in Appeal No. 5680. Dated: Greenport, NY August 23, 2005 yjrw,i4JENNIFER g. GOULD To: Ruth Oliva, Chairperson Zoning Board of Appeals Michael Verity, Chief Building Inspector Patricia Conklin, Plans Examiner T ' 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. 31232 Z Date JUNE 28, 2005 Permission is hereby granted to: W BRUCE BOLLMAN a-t, GRANGE ROAD • SOUTHOLD,NY 11971 for : DEMOLITION & RECONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA DECISION #5680 & TRUSTEES PMT. at premises located at 1755 TRUMANS PATH EAST MARION County Tax Map No. 473889 Section 031 Block 0013 Lot No. 004 pursuant to application dated JUNE 22 , 2005 and approved by the _ t Building Inspector to expire on DECEMBER 28, 2006 . Fee $ 874 .40 iLe-LL. (21,6— Authorized Signature COPY Rev. 5/8/02 • �•..".'.��` • —^—'-', 4' `LA,' 1 ".;r ,"- ' a,.,'a h.we; ''"`•';-;'t; 'fcl"°,: / +; .�;- • Da volt have or need the folic toa.before applyl g!=:. ';i..',�,,, -`:t,; ._,,1;a.ir :,: t3P�!. }n ,1'Lv + ,aIIIn 8 :, "r. itofiJeah6 .1 - s, `,r^ ^,r ' ;CC;Y ,Ax ; ;M r:: - NOtiTYAOD,NY,f1971 ' ' eels ofButdthg ;SLt( �1) 0d' ,, Pleating Board approval—LtA,iL(63Y)765-902 Survey_ _ ; '%/Vw.northfnik.net/Southold/ PERMIT NO. _962 Check Septic form_ _ - . , N.Y.S.D.E.0 ,w.._—I--.- - , r, w, -, Punkin'__________/21:.Zr Trustees _--.L_ :: a1,,_„ .i {,{; ,'' a 1 Centactr '' ',?,"h, " p • • •; ''t fir - Air.ipproved dem_ P4wl��-" Mail to: `5'r`; ' . ;::;1 �:,�',sj; kaphrbolcp _- . V .,,'',; ff .. Y `� 2 _ pitons: • M1 ,,.:.•--:•C-' 'rt\\ \;11:1 PLICATION FOR BUILDIl�1C PERMIT ;€ 1 �`1 'oF� y� may. hy''p' [?ate ,20a ' , ,1 ,l;K, ,.s,;,5_,: ;'�'. , �;,:-'-° •. • b t �� TNS'l ;y N, a.'I' is6!•'°"'t•oiuMUS1'b completely ,,•,'; ,., °.ti , e comp filled In b \..,+ : , r : ;.,;.• :i sets of pl,tnsi.'actuate plot plan to aealo.Fee y y t�ul n t t",In ink and satxtuticd to the 13ulldinY Inspector with 3 r'` - b.Plotplan according to schedule. "' ,"- :{�;'= i showing location of tot and or buildings on prwuises.relationahi irons,awl Waterways. p to adjoining premiers or pabjio Streets or a.The work covered b this a " ' ; ' !; Y a pplicaton may not be commented he o d.Upon upprovi l of thie application,the Building 1 eb sue Instance of building t elipp Permit. Building avp tar will issue a Building permit to thestpplicNtt,;9uolt a permit shall he kept ort the promises available for inspection throughout the work. e.No building shall be occupied or orad in whole or bi part for Goy purpose what so over until the Building Inspector iagues a r'cillflcate Of Occupancy. 1:13 very building permit obeli expire if the work authotiaed baa our commenced within 12 inmate after the data of Issuance ur has not been completed within 18 rnonthh rrom ouch date.If uo;oning nmencltnente or other regulations affecting the t+nwpM`ty have been enacted in the interim,the Building Inspector may authorize,in writing,the w tension of the permit for en addition viz uutntha.Thereafter,a nciv ptsu»t shall be required. N'PL1CATION IS HEREBY MADE to the Building Deportment for the lsauattoc of a Wilding Permit pursuant to the • Euilding Zone Ordinance of ilia Town of Southold,Suffolk County,New York,and other applicable Lbws, ltegulattt,na.for the construction of buildings,additions,or.alteratIons or forrenyal or demolition as herein desoribed.Tho - applicnnt sweet to comply with all applicable haws,ordlnance,t,building coda,housing code,and regulations,and to admit ' • inn horned IUapp.ctora on premises and in buildin fat c g nt:ccb.atyiuspcctiuntl. � , • �.t . 1.1hA G r1v► 61A1 14.r . , : - • (Signature of applicant yr name,If a eorpontiom) ;1, -;J • l36`o ©a.k.Ld004.. tOrt wt, : 1,,,:' (Meiling iddrs"4a of applicant) ;' ; 5ttttrr whatliet applicant i3 honor,lessee. ctrl archil Y /I�7i 'L ��• � �' � ,',��f ,, ' '' �. a mg act,engineer,general contractor,electrician;plumber or builder '.° •iamc or owner of piremtacg UJ• o I! ..,..) 1'y` As on themea *upplic t1 is d corporati eilltiattire of dui ( roll or latest deed) at� prized officer ,,',,,1`;' �..4 , ante and title efeurpurate a ser) — ", {uildbre Liitetise No. ' _J gr 5 14y iumbelg taiccnse tato. ------- lootricitu s License No. :cher Trade's•Licenise No. ,1 L'oration a land on which .._22pro osed work' tl be done: - i l�oti�o Number Street - '" mr :.; ` Y k; • Soba Tax Map Section w . Hamlet . • 1 Bloats I ,jg.,i 0 ----,,,,,=i7,-;,":i? ” •_? ,. ; :.'r.'• jv,eittlJJt _Filed Map No..gttl►tt t�,�it��e c�„ _l.;•t;;:: `` (Name) - > itfEltiCv - : ,-;',,,',,,o..-,., -? ;',Y,,•:.,),, ,,s ',;''' ■.�..0S►tILlatshilr3rngl . , , •4 t ,,.- 1.31! , jj •,��-.F•:I-.''+'','!,�o;J.n,/•cre:n`dc�d t`use®an,i,l,j000upranay, ._( U .-+• to ctiuni �'FE' '4°-'?if'r4�{�yr:-- {1 ;r!�5'' r iynl k ;p, „ i,,;•} a. • • • ..1,. ..,,,,,,i y4wnt,�t.uu?nucuuuuuw. huuavy PULL htenaea us,adoccupancof.pronc;d`' ,,..: . ' , y, v. . ,,.,„ ''.h:' r,Jl`'i`i`LFietiytr�ue n aYt W1e • , Q. � `^ ' w_”. w+rwr-+w+ Ifj. Y''' 5 'I«�'••i`': "•4Fii{^,'w . -$�j ' ••••;-:;,,,',',e,":,';''''''.;,":„:1' ;',•','.;„;!;;• r .�e7: „; 'y '; ' . . .;I, -1,1s.,.;4 , �: ,,,`,,,',,,-;:f-',. ,.;,,,4,-.,: ka} ' a'� r "; •'.ti;�'"' '`s':"' ';':,,•,•,;":,,;•• r • • - , i „ _ '',I,,,, ,,. r i .4R..G•�A]..Lf1Q .ter..'..--+.......- - -..... '1{,+ �;''y., i:,�'k'•-};•�ai:'� 1: •Nahvri of work(check which applicable):Neu/Building uilding '/ •Addition„•;,_ _Alteration , ,"','' • • • ' Renal ...,,,-=" ,. ' Ronidval _, _ Demolition O her Work, - — `,{' ' (Description))• • ^x s,., ,` 4. 'Esti'natcd,Coat„_•' �aotaf O&(.__,,_ Fpd• '"�� "`` r 0•P' '• (To big id on filing this application) - - �. If dwelling,number of dwelling units..;__ 1 _ Number of dwelling unite on each fl 1f goraget number of cera , , „ . floor i 0, If buel Boss,cofnineroial or mixed ocetiplumy,specify nature tont extent of each type of use.'__ _ ' ' - - 7. .Dimensionsof existing structures,It'auy:Frunt ,�.q.'(i Rear PA.Sr IDepW 40' +; r, Height '. '4 IL Number of Stories I s.,' .. :, Dimenslor?s of same structure with alterations or dditiorrs:Front aq.5' Rear act. - " ' • Depth •- ' 9(7.•t~'" , t .�''' ,,, P Height _,. Number of$tortes ,. ' ,- -'`-; ''., t Dhnn.'>{lons of ilatire' Iy;9enitruction:Front__-- 4 .t __Rear Acr•t'' Depth Lf), , Heights ;:; . . Number of stories— - .' .' • ,i,' i:• A ,, , Slzs,$iflct iPro tt_:.::1 .r....Rcar, 60.10 '- De,t •-a - :5 ,`;„3 ,,,.,.,, ..4, _,,,.,,•;R:t(,Dat', yuiohtuts _Name •• , t),2ono of trio di�ttiet in i 4uoli/ircrniaos are situuted ie,1'rd.ev►f',.,,t + , .''',„••:,',J-;5'„''''•-$''''',''',•'•''',q':,•,.:'',,,�t:, „ ,.., , , ' , . „'2:Dove 1 ro)aFE co atNC 1 hregulation? , '' ;+.`/r,=” : +':,;',`` t P 1 4! n t`o i violato,aiy zoning law,ordinance or YirS NO✓ -` ',,.1 at,'.'„. ` ; ' ,''' 1.i.Will int be r.-ttndad? XRS,_,' _c Imislead n ''',1.,,;,, ; ' .rr:';"` r ! .,NO W ll excess fill b from ;, o nn promisor.YRS NO�- ri-Alti PRY ' t�.Nantes of owner of• enlists y .da cllifo Addres r*Me.i.iJhre-tG'' one N *d: } „ ,5-J saint'of Atuhitcct .t!i . A'. A _ . Address 7:: , t- hone No .�LL�1 , Nnrne orContraLctor/. '.4 n. - �._,Addree Attfi�l •. b , , .. i, ', J:� hone No. i S n.it INS property within 100 feet of a tidal wetland or a freshwater wetland?I*YES '' NO . • a IF YES,SOUTTHO1.A TOWN TRUSTEES It D.E.0 PERMIT,MAY BE REQUIRED. b.Is this property within 300 foot of a tidal wetland?*YES_,_✓v' NO_, • 't•IF YES,D.B.C.PERMITS MAY BEREQUIRED. _Ct ,,J � t` ;y 16.Proylde sutt;ey,to scale,with accurate foundation plan and distances to property lines. , I7,if elovm tiisn at any point on property ix at 10 feet or below,must provide topographical data an survey. _ • ;,'. • ,StitTE 6,17PII?YP YORK) •• ' • , •'r .• SSI COTJNTY Oh • . being duly sworn,d - ' ' (Name of Individual sliming contract) ' deposes and says lLat(a1ht,Is the applicant • ;; ;; ontruot ab0,w6 named, - fallla'4MhG C'tlYl'iiaf4i r� - . -J, F, ,.�. ,, :i ;_=•, ''i h` ''"-'�--.1. _ (Contractor,.Agent.Corporate Officer,eto.) • - ,ty�';;S ^s{��i'{" „ • + - -`'i'"• .3,.- ' ;! _ , - c �'�r rye; �r,'!4 of iMd*noir ti,o an tts,and 14 duly authorized to pejfmm�or have perfrrtnted ork end to Make and file this application` • ! '. Y' , that t,t to rh of t ! i1Le Geld w -:;•''• •1'••:•\•-•''-'-',4 ".," 1,-•.7k:',,,;:,4--',•',,,_ "' e! ► , I Stl a this i'pplication am Ino tb'tJho beet of hi edge end b liof '` ,,•,c;•-• - ' i pcz4brA}tit•(it ins n imcr igl ibnh In thi Sp !!cation filed that w th. ''krtowl o o ,and that the work*ill bo r :.• ,,;. RJwti l i befoi�i'fno tic "`_ .,,;_,;:.,,•'',-,•‘:::',',,,,','];- ":;,.`,-,,•;-,•-;:'`,,, �7 ' •-k sty Public - � Signature of Applicant • _ • e0MNIEIQOiMllItIk • Nay RibiMlsmteatO Tim E 11111 >r1�lit.p '''''''i.,''../ ,1 N t ' '' ; .,' i.4......... .:........:.'- — _ •r, 't;i+ v ,., 12. - ,.._ tori n :'S7<As .'•.tiSst'�' ''''r,'''.4.,', '-i'. E-„,: •,i'' f 'i'l 1i'',; 'i:` ,t,":+ t..l.. ._._...+ ± .. a ji. - -•- {t` ,,- - {, i • I . ,., II.0UNDATJON(1$n r j,y, +I-- •• •. e. ! • .. - • , : • . F ,,:f-,.. ' , i••• .� .. _...-.-..-- • '11—..7 —yam_ >.._._—_�. —�• - - +- :{ , �...... ..' I..,.,„�_..-?7 f' i •1 ,,,'1„;•,`I.,4%,,,',1.:-0.:',- '4'•,',, ------ , _�... --.._..... w -„ •`,', ','l'"l, fie;,' 't.t`" 3• .711 y`I,4% e-�, ,S.,,-:•I''. -I>.. _• . .•_,•. .• _._ . . • __ V tl.r :£.,X;}, .. N��t_:�;r.,ae` 4 �-,, .,', I;•••,,, _ - — _ .: - ''-,--:12:‘;,',.- 47;1:q5;%-,,,,,i',,,',.: '-,,''a ,rid =t •. Arc-,,i."!'.j41t •�%y`:x',,',-r:-!'.',.•;,'''• I`l i,• *,--- _ — _ _•_ f '••;:."0 , I,f fI .Itr'--;,:.i," '.ti'' � I 77 ' ',RQtl471 I+ 119 ' / - • _ . .. .. . ... _... _ _ � `PLUMBING ;, -+ Y 1 — •.•..__.•.__ :v,, .• ! s, t!, SIS'..3, ,4 ;,I I d..tsf.'-=. 7 G , d - • __ 7'7. "7 •nw• ."" _..•r1_ _ •— • 1;.r..'',7 ,f'f'I '' ,�� ; ' 'fit- ,,',1-r,?`lt 117 .i,',..{.rr i 1••r ._-_ •• — __—_—_ ^ , , IP 1'n ;t,',''',",'' P\,:. • ,.'t'ltit'.. I•••..w o.•. IE IN&ULATIONPBR 11.Y, r _• • - ---•--• • u. .r. . • _ .C&TAL>Z I N ROY COD& __..! .. .. --- ..:__ ; - • .' 3f •1: .7', {- „1':3,1' -, - ' ,, 1__ - --__._ _ _ _ .. .• r__—__" ,t, , .'d•''.'''fi' , J1,'>j'.V✓ .Y y,a �1:, •_•.—.. .. •. • ..• • _•• —. • _._..._... ._._-__••�....•„r___•_n - _ ,-• ,fir 1114' I il y,ds - �S.i fi }..rs�.),`,.'}�jry, n •_... _. ... r .. v �:.:., . _ —.. - �•' Y ” ('',1�ex, ' t,'`:.yJ .+S:Y�il?,,,I',i .I,. I+''s,....•w....•._.. _. ...--•-_ f { r4 I -.-. . •. a...•_ _r... ..• .. •• ss'.,^, ......�..Y.. .-•--.- 's' C ' I+ i ADDITIONAL COMMENTS ')' - 1 ' . 1. % ... _1t• +}I' 1"./. . .... ,p�.//�.J�lJ'��.!•(•/b%�.' . _ .....•.__._ '- .'I'' 'si-•,'4. VY,'1'", `'. • "! ' • •• •.r-GY.ij'/•__..moi RI. ..{,„ `• _•_.._ _� �•t' I -' ` -J• ; gr . .., .._ . ._ _,,...,.... .44:,...._. , _...:____ „..a........ . . .,.., sy., . . . : .,, ,, ..: . :-.,,,r :.,,. .,:.),.. ,, ” , . , „ : • /4m,x , . , . , „ ,_,..f.g. _,.,,3,L.,- „ek_..,m1,44„4„4,;,4 .i .., : ,j. A!.. - - . .. ?4 s _..e?.. -._...4.1.0.!1"4„41,,Seez.e. — .......—....;.-....... ... — ' v • , - , tifi• ..,..,..0_,.....p.r...,, :1,Tb ..,.., :,,,,, „ :.:'.'.' . 7 -Mv '''At____4(1.,e,e AA,- Ar4,,,,,,41., r • 'i '-, %--: ''''-- -- - - ' ' ,-. , ,.-.,-`;:c:',,,,,c...:,':',,,,,'-,,, .', •::,',''7; ,':‘,:',1„,,-;',„; ',,,-.I.L, , ./s> iy�••=�IF.t�:1,- __._.1 �`j t:s, �, { :,•� .!' in�f+•'fl: •o+a'.'.,Y�!,,--,,..-/-1,,,,....: ..—...._.... .•..r..w .—____•__-- _. _ _ _. �. • 'n: `„' 1,-.; l- ? -r1.` ,'R„ '1�3” ,9ss3 N,,°!}5 ry:,4+ —__.L.._ �, •,C 'l i .r,•., • 1 't='S�; -,•1!,;:,‘'4,,.'iab, �,_t t'.^fry • 1- ',' _ .:moi•. sr.,o, :%,t•' , ri - t _ ,, .-, is • Jif !--,- , i OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 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( Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording)' fax (631) 765-9064 TRANSMITTAL SHEET . f ', 17 • DATE: 07 /2005 RE: -►� `� (�� X57 P/ • MESSAGE: (X) Correspondence or related attached, regarding /ce-,te.44.,-ea' to--z%1- ii or . 4 1 . i 4i �1 4 ate_ _. /_..o_.i rfu V Thank you. ` �1V Ga4-t vytoL‘t, Pages attached: . /oke �� 5r 41, ,. '*LLAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P c 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL A.WICKHAM LYNNE M GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO 631-298-8565 SUITE III wwblaw@aol.com MELVILLE,NEW YORK 11747 631-249-9480 TELEFAX NO 631-249-9484 August 26, 2005 Southold Town Building Department Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,New York 11971 Attn: Michael Verity Re: Gould/Bollman Dear Mr. Verity: Thank you for your telephone call yesterday afternoon regarding this matter. Upon a review of the site conditions and all of the circumstances leading up to this juncture, we must insist that your stop work order stand as issued and that you do not issue a certification allowing continuation of the construction of the foundation. At this juncture there are only two acceptable courses of action. First, the hole can be filled,which would eliminate all problems. If Bollman is successful before the Zoning Board of Appeals the hole could be re-excavated. Any additional cost is rightfully solely theirs due to their activity. In the alternative, the existing shoring could be competently installed together with similar shoring on the other side. In this regard we must note our surprise that the shoring in its current configuration has been permitted to exist as it represents a patent hazard. We find any sympathy for Bollman to be entirely misplaced, as it was their representations to the Zoning Board of Appeals and your department regarding the foundation which created this situation. We are constrained to inquire as to whether the unacceptable conditione_foundation-arose-between-the-tim- . M - -oning :oars o Appeals application and the present. If you certify and permit completion of the foundation, it is evident that Bollman would take advantage of the situation and plead additional hardship before the Zoning Board of Appeals. We do not believe that"proceed at your own risk"is enough of a protection or deterrent. 410 � A Southold Town Building Department Attn: Michael Verity August 26, 2005 Page-2- In summary, the only acceptable action at this juncture is to retain the stop work order and require filling or proper shoring. Thank you for your consideration. Yours truly, .C"' • ` 1,;(__ 091 Eric JfBressler EJB/amb �. Town of Southold ZBA . fi, -itikA O:App. Name Q Tax - .-'t.,''____ ..,.,;. .. I Ma' O file No. , 'r,...„---,..-❑ s ._ . nge i.. llnliste � _� ^ I- ! m � _.. �,Board Member Gerard P. Goehri r � = Search:. . f I ,,- -.. ,� -T-_..rte , 'i ilE i❑ Other , ,I Hearing.Time: : 0:21 AM t . -- , • 1 File Number:, 5781�;s Tax Map: 31.-13-3 ^ ' ... r.__. .,, s i . ._._ �. A ;; eived Date: / ., . pp.•Name:. Jennifer B'. Gould Recd 23/2005 ?Tot.YFees: ; $400.(10q I Hamlet East Marion ITypes Residentialt Zone R-40 i - Date forwarded"to Town Clerk ,, Status•r<;New . - coon Meeting.Dates Building Dept --4247-I ee in ND Date t I Location 1820 Truman's Path Meeting Date Hearin Date i SND Date 4 -- 1 i Short ' Appeal from Building Permit No. 31232Z issued to 9� - l i Desc. W. Bruce Bollman 1i., Hearing Date - 13 ND,Date, i i 1,[Eb 1 ,.i. Hearing'Date bi ND.Date... ,�.. 1i-- d I r . a —. m . _ _71,tt 1 rt,=ND,Date, � ... _ - -_ - _..liI Hearing Date. i, e, I i Notes. ;,.,.s Hearing Date 1 ;ND.Date , 1 i' di:- Action.Date:. i; ND,Date:' _M li. ' 8/24/2005 ;1 1.1:08 AM CAPS.4 UNUM j .Developed by the Southold Town Data Precesing Department tI3 P ' . S ')( OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 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(a,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 1017-7- 39 0 TRANSMITTAL SHEET TO: p o DATE: 0 / 3 /2005 RE: Q,,,,ap - j 7 J7/ • Ciem-1-6-yug-J 4 / MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. ( 5epos- g a d c.. ti s -10) 9/,( . Thank you. Pages attached: ` 11. OFFICE OF 1111. ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET p� TO: �J /'� . FROM: 7 OP ie DATE: 7'04 /2005 RE: / /05 Agenda (or 5140 MESSAGE: '—) Correspondence or related attached regarding the above for your information, Thank you. Pages attached: I . DP1) / • 5 � 'tei s� ) •1,.. ( M , . , L LAW OFFICES ,_., WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P 0. BOX 1424 MATTITUCK, LONG ISLAND ERIC J BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE 111 P MELVILLE, NEW YORK 11747 ANTh wwblaw@aol corn631-249-9480 TELEFAX NO 631-249-9484 August 26, 2005 Southold Town Building Department Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,New York 11971 Attn: Michael Verity Re: Gould/Bollman Dear Mr. Verity: Thank you for your telephone call yesterday afternoon regarding this matter. Upon a review of the site conditions and all of the circumstances leading up to this juncture, we must insist that your stop work order stand as issued and that you do not issue a certification allowing continuation of the construction of the foundation. At this juncture there are only two acceptable courses of action. First,the hole can be filled,which would eliminate all problems. If Bollman is successful before the Zoning Board of Appeals the hole could be re-excavated. Any additional cost is rightfully solely theirs due to their activity. In the alternative,the existing shoring could be competently installed together with similar shoring on the other side. In this regard we must note our surprise that the shoring in its current configuration has been permitted to exist as it represents a patent hazard. We find any sympathy for Bollman to be entirely misplaced, as it was their representations to the Zoning Board of Appeals and your department regarding the foundation which created this situation. We are constrained to inquire as to whether the unacceptable condition of the foundation arose between the time of the Zoning Board of Appeals application and the present. If you certify and permit completion of the foundation, it is evident that Bollman would take advantage of the situation and plead additional hardship before the Zoning Board of Appeals. We do not believe that"proceed at your own risk"is enough of a protection or deterrent. Southold Town Building Department Attn: Michael Verity August 26,2005 Page -2- In summary, the only acceptable action at this juncture is to retain the stop work order and require filling or proper shoring. Thank you for your consideration. Yours truly, 4 4,t1A(/ Eric J/Bressler EJB/amb • • . O Se x In the Matter of the Appeal (ZBA No. 5781)of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. AFFIDAVIT x ROBERT E. WALDEN,being duly sworn deposes and says: 1. I am over the age of 18 years, reside at 331 Wiggins Lane, Greenport,NY, and am not a party to the above-entitled proceeding. 2. On August 25, 2005, I served the within Application to the Southold Town Board of Appeals In the Matter of the Appeal of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680 upon W.Bruce Bollman personally, at approximately 11:15 AM at 208 Main Street, Greenport,NY 11944. 3. I describe the person I served as follows: Sex: male Skin Color: white Hair Color: gray balding Height: 6 feet Weight: 190 lbs Age: 61. Military Status: Based upon information and belief of party served,W. Bruce Bollman is not in the military service of the United States. ROBERT E. WALDEN S o, to before me th's ;,, t day of August, 2005. otary Public -REcEm ' - CYNTHIA M. MANWARING 5 2005 NOTARY PUBLIC, STATE OF NEW YORK AUG NO:01 MA6100507 QUALIFIED IN SUFFOLK COUN; ZONING BOARD o APPEALS COMMISSION EXPIRES OCT.20 ih • A , SIP oFoik Office Location: 00®�.® 4®. Mailing Address: Town Annex/First Floor,North Fork Bank ; ce3 • g 53095 Main Road 54375 Main Road(at Youngs Avenue) *- � P.O.Box 1179 Southold,NY 11971 ®! �� Southold,NY 11971-0959 11/ +00 so http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY MEMO To: Building Department Attn: Michael J.Verity,Principa g Inspector From: Ruth D. Oliva, Chairwoman,ZB Date: August 23,2005, Re: Building Department Inquiry-Bollman Property CTM 31.-13-4 As requested, this will confirm that Pat Conklin, Building Plans Examiner, on August 4, 2005, telephoned me, via staff, stating that the builder for Mr. and Mrs. Bollman (John Bertani) was at the counter, stating that the existing foundation was crumbling when they attempted to dig near the foundation, and that Mr. Bertani asked Mrs. Conklin whether or not construction to repair or replace the crumbling foundation may be done. Based on the information given to me at this time, my reply opined authorization to replace for the purpose of the repairs needed. I understood the request to be an emergency, and I gave the opinion of approval as long as they replaced it"in kind, in place, in the same footprint only." On August 5th, the next day, I asked Pat Conklin to obtain written documentation from the builder confirming his request of the Town yesterday, and also a certification from the engineer confirming the conditions found. I understand the Building Department was in the process of receiving plans for this modification, and the builder and engineer furnished letters to the Building Department shortly after (with copies furnished to this Department). 40 OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 1 _ 4 of TRANSMITTAL SHEET TO: .p u /�J �� y/ L v FROM: (JS list CLGI 7V /'/,2lat e DATE: - O/ 26 /2005 RE: / r f #s7t/ 6th-li. r4.40--n 2Jj MESSAGE: ( ) Correspondence or related attached regarding the above for your inform•, .n,el,„.; �t ✓�%'j z Lv A3 0 s- fo 4P A i 0,14 .)-yd--fich tu-yyt -J g Thank you. Pages attached: at- . APPEALS BOARD MEMBERS ,I,i/I SOF S0045,-- Southold Town Hall Ruth D. Oliva, Chairwoman �� ~O� e4 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * arlig Southold,NY 11971-0959 Vincent Orlando : vs �r Office Location: James Dinizio,Jr. . , Town Annex/First Floor,North Fork Bank • Michael A. Simon i�' �v'�i• 54375 Main Road(at Youngs Avenue) • C� � ; '� 'Southold,NY 11971 http://southoldtown.northfork.net • RECEIVED BOARD OF APPEALSct- V-4 IoNs/ t TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 MAY 2 5 2005 FINDINGS, DELIBERATIONS AND DETERMINATION . Q MEETING OF MAY 12, 2005 Southold To erk ZB Ref. 5680-.W. BRUCE and MARY ANN BOLLMAN Property Location: 1755 Trumans Path, East Marion CTM 31-13-4. 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' 9,878.29 sq. ft. parcel has 50 feet along Truman's Path and 206.07 feet along the 'south/westerly side property line. The property contains a one-story, single-family dwelling and accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.4B and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 31, 2005 and May 4, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to retain the existing foundation, reconstructing the existing dwelling with two-stories, and enlarge the north side with small addition, _ as shown on the March 7, 2005 amended survey. The relief requested is related to setbacks of the new construction, proposed as follows: (a) 10 feet for the second-story from the westerly side property line, (b) 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—May 12,2005 • Z8 Ref.5680—W. Bruce and M. Bol n CTM ID: 31-13-4 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties: Several other houses in the neighborhood have similar side yard setbacks and related to the side lines of the lots, which are long and narrow. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is narrow and has existing nonconforming setbacks. According to the Walz Interpretation (Appeal No. 5039), the new construction requires a variance before the applicants a building permit may be issued for structural improvements. 3. The variance granted herein is not substantial. The existing nonconforming side yards will remain the same. 4. The difficulty has not been self-created. The side yard setback has existed long before it became nonconforming by action to adopt the town legislation. 5. No evidence has been submitted to suggest the relief granted will have an adverse impact on the physical or environmental conditions in this residential neighborhood. The applicant's have furnished copies of wetland permits obtained 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property and at the same time, 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 Dinizio, 'seconded by Member Orlando, and duly carried, to GRANT the variances, modified as confirmed in the applicant's April 11, 2005 letter to the ZBA, reducing the height to a maximum of 27 feet to the highest peak, and-setting back the new second floor wall by three feet (for more side yard conformity), as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno,, and hand-drawn elevation diagrams with ZBA date stamped April 11, 2005, SUBJECT TO THE_ FOLLOWING CONDITIONS: 1. That the area covered with canvas in the front yard (street side) of the house be entirely removed; - 2. That the driveway materials consist of gravel or similar pervious material for drainage. 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, Dinizio, and Simon. (Member Goehringer was absent.) This Resl' .n was dul dyktpe (� 4�0). ' Ruth D. Oliva, Chairwoman 542y/05 ' Approved for Filing ` Page 2—May 12,2005 J �} Z43 Ref.5680—W. Bruce and M. Bollman CTM ID: 31-13-4 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several other houses in the neighborhood have similar side yard setbacks and related to the side lines of the lots, which are long and narrow. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is narrow and has existing nonconforming setbacks. According to the Walz Interpretation (Appeal No. 5039), the new construction requires a variance before the applicants a building permit may be issued for structural improvements. 3. The variance granted herein is not substantial. The existing nonconforming side yards will remain the same. • 4. The difficulty has not been self-created. The side yard setback has existed long before it became nonconforming by action to adopt the town legislation. 5. No evidence has been submitted to suggest the relief granted will have an adverse impact on the physical or environmental conditions in this residential neighborhood. The applicant's have furnished copies of wetland permits obtained 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property and at the same time, 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 Dinizio, seconded by Member Orlando, and duly carried, to GRANT the variances, modified as confirmed in the applicant's April 11, 2005 letter to the ZBA, reducing the height to a maximum of 27 feet to the highest peak, and setting back the new second floor wall by three feet (for more side yard conformity), as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, and hand-drawn elevation diagrams with ZBA date stamped April 11, 2005, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the area covered with canvas in the front yard (street side) of the house be entirely removed; 2. That the driveway materials consist of gravel or similar pervious material for drainage. 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 actio]_ Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Res i n was dul dotiktp (4?0). Ruth D. Oliva, Chairwoman 5‘2(f/05 Approved for Filing Zl'� f o,i'''S0FFOL/' Office Location: •0i 0, CO Mailing Address: '_. tik Town Annex/First Floor,North Fork Bank y 2 53095 Main Road 54375 Main Road(at Youngs Avenue) eri P.O. Box 1179 Southold,NY 11971 4' �aov��+ Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY MEMO To: Building Department Attn: Michael J.Verity,Principair dig Inspector From: Ruth D. Oliva, Chairwoman,ZBUt, Date: August 23,2005 Re: Building Department Inquiry-Bollman Property CTM 31.-13-4 As requested, this will confirm that Pat Conklin, Building Plans Examiner, on August 4, 2005, telephoned me, via staff, stating that the builder for Mr. and Mrs. Bollman (John Bertani) was at the counter, stating that the existing foundation was crumbling when they attempted to dig near the foundation, and that Mr. Bertani asked Mrs. Conklin whether or not construction to repair or replace the crumbling foundation may be done. Based on the information given to me at this time, my reply opined authorization to replace for the purpose of the repairs needed. I understood the request to be an emergency, and I gave the opinion of approval as long as they replaced it "in kind, in place, in the same footprint only." On August 5th, the next day, I asked Pat Conklin to obtain written documentation from the builder confirming his request of the Town yesterday, and also a certification from the engineer confirming the conditions found. I understand the Building Department was in the process of receiving plans for this modification, and the builder and engineer furnished letters to the Building Department shortly after (with copies furnished to this Department). 4 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 z/-1-7- a d of DATE: �oLSI� REPLY FORM • TO: ..0,1_-4.41./.1., O- _a' Z B Ref# S7 d1/ - 1/471—, G-O22L[Ci 66/ C/m44.7 '4' `e J) Date of Building Inspector's I a 1 , A,° 04- 3/.2302-� The application is incomplete for the reasons noted below. Please furnish se ei a --s the following: ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (p Missing,information - e/t-g-C-P,a-0 7)L-g-t �� a-cam Cly, OTHER/INFORMATION REQUESTED,when possible (7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission f," comments, or copy of up-to-date_agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and ,\`� copies of deeds dating back to creation of original lot lines for this property. ()CvU) dam 4 d �fA431-/-4i. _ _ file 2u / 0 5' Y 4 44 J . %/2P 47 le /14. o.3 Thank you. l OpLe. 7/7)- Z,13/4- ,evi) 6PY0.2 , a94.) .cam c, - /Z01-0 .3 &c,Q :( /) rc.a G Prop - Owner Name SWIS Year Parcel Id Street Name Class Total AV Bollman, Bruce W 473889 2005 31.-13-4 1755 Trumans Path 210 7,100 Bollman, Bruce W 473889 2005 78.-1-3 240 Grange Rd 210 5,100 Bollman,Wf 473889 200578.-1-3 240 Grange Rd 210 5,100 x In the Matter of the Appeal of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. AFFIDAVIT x . LINDA M. TONYES, being duly sworn deposes and says: 1. I am over the age of 18 years,reside at 1605 McCann Lane, Greenport,NY, and not a party to the above-entitled proceeding. 2. On August 23, 2005, I served the within Application to the Southold Town Board of Appeals In the Matter of the Appeal of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680 upon W. Bruce Bollman, by sending a copy of said application in a properly enclosed post paid wrapper by certified mail return receipt requested from the Greenport,NY post office to W. Bruce Bollman, Grange Ro. out e e NY ' . ter L DA M. TONYES 41 ,[h ,,... Sworn to before me this 9V day of A ugust, 2005. _ (LniLk._ 1 IL _ 1 _I_ I Ojciy Not - Public S " Ctn `A., CYNTHIA-M. MANWARING AUG 2 4 2005 `OTARY PUBLIC, STATE OF NEW YORK , NO:01MA6100507 '3b Get ZO�llr�r, ,kr).„. L QUALIFIED IN SUFFOLK COONj� ° ® of App��Ls COMMISSION EXPIRES OCT.20 6L— x In the Matter of the Appeal of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. AFFIDAVIT x LINDA M. TONYES,being duly sworn deposes and says: f 1. I am over the age of 18 years, reside at 1605 McCann Lane, Greenport,NY, and not a party to the above-entitled proceeding. 2. On August 24, 2005, I served the within Application to the Southold Town Board of Appeals In the Matter of the Appeal of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680 upon CONNIE BUNCH,person of suitable age and discretion at the Southold Town Building Department, Southold Town Annex, Youngs Avenue, Southold,NY 11971, at approximately 9:55AM on 8/24/2005. 3. The person I served identified herself as Connie Bunch, and I describe the person I served as follows: Sex: female Skin Color: white Hair Color: blond Height: 5' 5" Weight: 125 Age: 32 Military Status: Based upon information and belief of p. . erved,Conni i ch is not in the military service of the United States. y v--.2) - -1i -- I-- L DA M. TONYES 1-1, S 'oi to be ace thi,I day of August, 2005. rt�J� f/� CYNTHIA M. MANWARING 0 AUG 2 4 2005 1 NOTARY PUBLIC, STATE OF NEW YORK3:36t-i)tikk1 -�.'l!Lag NO:01 MA6100507 QUALIFIED IN SUFFOLK COUNTX.-, ZONING BOARD OF APPEAL COMMISSION EXPIRES OCT. 20 ..LL'' APPEALS BOARD MEMBER I•••01\koF SU(/Ty0 ID Southold Town Hall - Ruth D. Oliva, Chairwoman 53095 Main Road •P.O. Box 1179 Gerard P. Goehringer 4g 4; Southold,NY 11971-0959 Vincent Orlando • c/, Office Location: James Dinizio, Jr. ` �n �Pc'�01 Town Annex/First Floor,North Fork Bank Michael A. Simon O ��i� 54375 Main Road(at Youngs Avenue) ,,,." Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 •Fax (631) 765-9064 ZONING BOARD OF APPEALS:SOUTHOLD TOWN SUFFOLK COUNTY : NEW YORK x In the Matter of the Appeal Application of ZBA APPEAL NO. 5783 JENNIFER B. GOULD GRANT OF RESTRAINING ORDER Appealing the Building Inspector's Certification TO CONTINUE STAY Dated August 29, 2005 and Requesting a Grant Of a Restraining Order to Continue to Automatic Stay in Gould Appeal No. 5781, under New York Town Law Section 267-a(6). Premises: 1755 Truman's Path, East Marion, NY 11939 CTM#1000-31-13-4 x SIRS : Upon application of Jennifer B. Gould, Esq. 210 Main Street P.O. Box 177, Greenport, NY 11944, in the above-referenced matter, IT IS HEREBY ORDERED by the Zoning Board of Appeals of the Town of Southold, pursuant to New York Town Law, Section 267-a(6), upon due cause having been shown, that: 1. A restraining order is granted. 2. All actions in furtherance of Appeal No. 5781 in the Matter of Jennifer B. Gould, are _ stayed and restrained, including all work pursuant to Building Permit No. 31232-Z, until—_^ such time as the Resolution of the Appeal, except that John Bertani Builder, Inc., and/or 41111 W. Bruce Bollman, may perform work necessary to secure the job site, including filling, but not including further work installing th- .undation. Dated: September 1, 2005. - / . 19 � RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold,NY 11971-0959 (631) 765-1809 To: John Bertani Builder, Inc. at Site Location: 1755 Truman's Path, East Marion,NY 11939 Harvey Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901-2794 r. • • -2- 7 APPEALS BOARD MEMBERS ' �,��OF $O(/r �_ Mailing Address: Ruth D. Oliva, Chairwoman � �� yp Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer gig #t z Southold,NY 11971-0959 James Dinizio,Jr. ` co Office Location: Michael A. Simon � �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =l'Cnwriaig�� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 April 11, 2006 • 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. 5781 (Gould, Jennifer) Action Requested: Appeal of From Building Permit#31232 (Bollman) 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 • -?' I— cII =t4 Town,of• otithold ZBA "--77-14-tT = 5 Apf3:511ame • 0 TaFvi b File_No. El II 9 • Boar,d-Member Gerard P. Goehringer E',UnliSte ; -• . - • - /`; Searchi, 4:L:3:Other Hearing Time: 1110021 File Number J5781 ,-TaX Map:I31.-13-4 . „ App.'N'arn,e: jGOULD, JENNIFER B. (BOLLMAN SITE Lot 4), Received:Date:1,,8 72.N95 I Tot.fees: PTIQPM76-11. Hamlet-lEast Marion [Type: Residential 1 Zone JR-40 Date forwarded to Town Clerk 8/23f051-1 Status: 'Closed Complete 1Action DeniedF . • Meeting Dates Building Dept• • • , Location: 1820 Trumans Path (Lot 3, Gould Home) Meeting Date j ND Datef118797R11Short , • Appeal from Amended Building Permit No. 3123Hearing Date-1 9/29/05 ND Date 2J 2Z Desc. - issued 8/9/05 to W. Bruce Bollman for new poured . HearIng'Date 2 FO-/-50-R1 ND Date 3Copy -. • •••2 Fin,foundation, replacing existing. Hearihg.bate3, 1 1ND Date4J11— • : — — • ••-:' „. . : -I 11: ' • :,„-, Aft for Bollmans: Harvey A. Arnoff, Esq., 206 Hearing Date 4NDDafe.51 • Notes ' Roanoke Ave, Box 329, Riverhead 11901-2794.Tel , Hearing,‘Dt65 ND Date 6 , _f. -' 727-3904; Fax 727-3940; Hearing representative for .Action,Date: 12/15/05 rND'bate:7 •00/06 2 22 PM CAPS • :Ntim•,- I ' - Developed by,tfie Southoki Town Data Of*ssih§:00tiftrnerlt] • • d \j 4 In the Matter of the Appeal(ZBA No. 5781)of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY.11939 in contravention of the ZBA's decision in Appeal No. 5680. • AFFIDAVIT X ROBERT E. WALDEN, being duly sworn deposes and says: 1. I am over the age of 18 years,reside at 331 Wiggins Lane, Greenport,NY, and am not a party to the above-entitled proceeding. 2. On August 25, 2005, I served the within Application to the Southold Town Board of Appeals In the Matter of the Appeal of Jennifer B. Gould from the Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680 upon W.Bruce Bollman personally, at approximately 11:15 AM at 208 Main Street, Greenport,NY 11944. 3. I describe the person I served as follows: Sex: male Skin Color: white Hair Color: gray balding Height: 6 feet Weight: 190 lbs Age: 61. Military Status: Based upon information.and belief of party served,W. Bruce Bollman is not in the military service of the United States. FZCL(G&___ ROBERT E. WALDEN - -- -S of to before me- i day A si 2006. I • otary Public CYNTHIA M. MANWARING NOTARY PUBLIC, STATE OF NEW YORK NO:01MA6100507 QUALIFIED IN SUFFOLK COUN COMMISSION EXPIRES OCT.20 0,2,;,00a,_ i_ . i ...pr g., ,.„„A, ) _ ,� ,:)/� �FSOU a'j° •- i .,..,, u", , , . ) o• ANX '10 . Town Hall,53095 Main ad % * * % Fax(631)765-9502 P.O.Box 1179 ; co Q �� Telephone(631)765-1802 So thold,New. York 11971-0959 �� .lye UNTV,0,''�' REC .w ED AUG 3 0 2005 BULDING DEPARTMENT TOWN OF SOUTHOLD ZONING BOARD OF APPEALS August 29, 2005 Certification of Chief Building Inspector to Zoning Board of Appeals RE: Premises at 1755 Truman's Path, East Marion, N.Y. 11939 SCTM# 1000-31-13-4 With reference to the above property, I am in receipt of the appeal of Jennifer B. Gould, Esq., appealing the issuance of Building Permit#31232-Z, issued on June 28, 2005, on the grounds that the issuance of the permit is in violation of the Zoning Board of Appeal's decision in appeal #5680, issued May 12, 2005. I hereby certify to the ZBA that a stay of proceedings halting work on this project in its current state would, in my opinion, potentially cause imminent peril to life and/or property, for the following reasons: 1. A recent site inspection revealed an excavated site, as per permit# 31232-Z, which itself is environmentally unstable and when exposed to normal weathering conditions, could result in property damage to the adjoining properties. 2. The excavated area, because of its close proximity to adjoining properties, poses - an imminent threat to public safety in its current state. For the aforementioned reasons, the automatic stay pursuant to Town Law 267-a(6) shall not continue in effect, on the condition that the applicant either: - A. Fill and secure the work site, at the applicant's expense; or B. Continue with the project pursuant to the Building Permit, but only to the extent of the foundation, with the understanding that any work is subject to the instant appeal and approval for such work may be overturned. As such, applicant assumes the risk, financially or otherwise, proceeding with completion of the foundation. & .4� — - 7,/,...,...„#.4, --viiA.... 29171 .4, A- Michael J. Verity i ) G- j� Chief Building Inspector KIERAN M.CORCORAN Notary Public,State of New York No.02C06119838 Oualified in Suffolk County Commission Expires December 6,2001 c,•-,,t . . 14►1i7g • ' iTigYyxer[•7P�RKn1l1J� rarra��.yx�rc•�rc.�u�.�a�►viaa ■ Complete items 1,2,and 3.AlsoccdMplete k Sig / 0 A item 4 if Restricted Delivery is desired:x X 8Agent �� • Print your name and address on the reverse Addressee 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. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address'beloW: 0 No Robert O'Brien 2074 Route 25 PO Box 456 Laurel, NY 11948 3. Service Type f• Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes z. Arc _ - nmumiteeiEzna6 , 9 9 2 u 102595 02-M-1540 -- -- - - - -_ - UNITED STATES POSTAL SERV AND ss i -. +3-`, ��-Rostag ees 0 PM - , � s Z - ,. 0,-,---7,-----ate, ftee[uait Ncs."G=1Ob..:. No 13 SEP mmekan,,....,', • Sender: Please prin' 130 4 r- e, address d.4+P4M4-in-this.boie-'`i" G Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 - DER: • PLETE HIS SE -T• I =. COMP ET .l TION ON• 194H' 'P' Cbmpleie items 1,2,and 3.Also complete A. tura item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B ed by(Pn d Name) C. Date of Delivery • Attach this card to the back of the mailpiece, � p I,,—/.�,� or on the front if space permits. !6 (0 D. Is delivery address different from item 1?L Yes 1. Article Addressed to: If YES,enter delivery address below 0 No The John Gorga Irrevocable Trus;, Attn: John Steven Gorga 310-Woodland AVenue Manorville, NY 11949 3. Service Type 10 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 T (rransferfrom service la 7005 0390 0005 8230 3012 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-151 ' UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 ''I rllrllrr/rrk lr►rrr'I/1 4 =1MIil4: •II r/7A4aM��•�i[•7WK•11)1„*rarWt��yx•Irtn.Y[•1an1441,14a' • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. /f // 0 Agent • Print your name and address on the reverse X //�t (r�� ❑Addressee 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. �� D. Is delivery addressdi lam F ''? ❑Yes 1. Article Addressed to: If YES,enter del' a ddress bel• VI jqo X e. " 1 Bruce Bollman �vJ Grange Road 'IP 240 Southpid, NY 11971 ®aSb 3,H,, • ' 3. Service Type ' !nettled 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 7005 0390 0005 8230 2985 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540. UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 f 1!iiillsrliith ullilsiiiililiistlililitllsititisills►ilisilll - P . OMPLETE THIS SECTION Weehlg114rM'rAF:1:1iirom lAviewarign' • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. x ! ` 0 Agent • Print your name and address on the reverse • i� __ 0 Addressee so that we can return the card to you. B. Received by(Print=d Name) C rate of D=livery • Attach this card to the back of the mailpiece, G r 2 /L� ,r or on the front if space permits. D. Is delivery address different from item 1? 0 Ye 1. Article Addressed to: If YES,enter delivery address below: 0 No Jesse Peretz The Clark Estate Inc. 1 Rockefeller Place Floor 31 3. Service Type New York, NY 10020 Ifffaertified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Malt 0 C.O.D. _d_RactdrtAd nnllvanrl_/Extra Feel ri V 2. Article Number (Transfer from sel , PS Form 3811,F iao UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 _' �{{!��!!!2�1{1l22t2{!2� 111!!!!!t1i12!!li!!2I�{E{i�32{1!!�{1� J � • � 9 $ , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT _ Pdl►1 I�P�(�- �Jtl a OF SIGN 'I 1 POSTING (Name of Applicants) 4,A1 e 0 Regarding Posting of Sign upon Applicant's Land Identified as 1000- 3 t - >t 3 - 3 X o ;;f COUNTY OF SUFFOLK) ®�,�`, .-' STATE OF NEW YORK) K- tA-C� S;,,,.� I, �$�i�t f 6residing at � 20 �f�-rot, nn� 'S D"�hILU C_w�D ,New York, being duly sworn, depose and say that: MOAN NJ-- On the I.4 day of O rob//- , 2.03 , 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 that da ---of the subject hearing date,which hearing date was shown to be p1PYn. .21)) 2 b OF (Signature) ___worn� to before met s 0 / y ofs 1-ern 200 5 CYNTHIA M. MANWAfII' G NOTARY PUBLIC, STAT OF NOW YO; _(Notary 'ublic) QUA LIFTED IN SUFFOLK(MUIvN • MISSION EXFIRes OffT 4- k *near the entrance or driveway entrance of my property, as the area most visible to passersby. U.S.Postal ServiceTM o 9E TIFIED MAILTM RECEIf (Domestic ,Nail Only;No Insurance Coven,✓Provided) P1 For delivery information visit our website at www.usps.come fU �� lteDAL USE `a Postage $ 0.60 UNIT ID: 0944 Certified Fee 1 Postmark p Return Receipt Fee Here (Endorsement Required) 1.75 U Restricted Delivery Fee Clerk: KWXM7S Ir (Endorsement Required) m p Total Postage&Fees $ 4.65 09/12/05 p Sent To CI Jesse Peretz, The Clark Estate Inc. N Street,Apt.No.; 1 Rockefeller Plaza, Flr 31 or PO Box No. Cary,State,ZIP+4 N�, NY lee2f3 • U.S. Postal ServiceTM • ' Iva C .RT!FIED MAILTM RECE,PT\ • o (Domestic Mail Only;No Insurance Cover...._ provided) m For delivery information visit our website at www.usps.coms I nHAL USE ti Postage $ 0.60 UNIT Ill: 0944 O Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) 1.75 M Restricted Delivery Fee Clerk: KWX�f7S (Endorsement Required) m Total Postage&Fees $ 4.65 09/12/05 Ln O Sent To The John Gorga Irrevocable Trust ►ti S`treet,Apt.No.; Attn: John Steven Gorga City,state,Z/ or PO _Woo-Wool--Av-eniie• , Manorville, NY 11949 U.S. Postal Service. CERTIFIED MAILTM RECEf a- (Domestic Mail Only;No Insurance Covet, Provided) ru For delivery information visit our website at www.usps.com® rn �t\.�, r DAL USE Postage 1 UNIT ID: 0944 Certified Fee MIMS Postmark Return Receipt Fee Here (Endorsement Required) 1.75 a Restricted Delivery Fee Clerk: KWXM7S a- (Endorsement Required) m Total Postage&Fees $ 4.65 09/12/05 to O Sent To a Bruce Bollman N Street,Apt.No.; or PO BoxNo. e1.IQ Sll Grange Road City,Stare,ZIP+4 Southold, NY 11971 PS Form 3800,June.2002 See Reverse 1 or Instructions U.S. Postal Service,. �1. r CERTIFIED MAIL. RECE( D- (Comestic''Mail Only;No Insurance Covera a Provided) For delivery information visit our website at www.usps.comm .sF, ,COAD USE Postage $ 0.60 UNIT ID: 0944 m Certified Fee t Postmark Return Receipt Fee Here (Endorsement Required) 1.75 IM Restricted Delivery Fee Clerk: KWXM7& D-' (Endorsement Required) m Total Postage&Fees $ 4.65 09/12/05 u") O Sent To a Robert O'Brien N Street,Apt.No.; 2074 Route 25, PO Box 456 or PO Box No. City,State,Z1P+4 Laurel NY 11948 ZONING BOARD OF APPEALS SEP 1 )S� TOWN OF SOUTHOLD: NEW YORK / X x� ' 2 OF APPEALS 3 2005 In the Matter of the Application of Jennifer B. Gould, #5781 AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel #1000- 31 - 13 - 4 X COUNTY OF SUFFOLK) STATE OF NEW YORK) Jennifer B. Gould residing at 1820 Truman's Path, East Marion ,New York,being duly sworn, depose and say that: On the 12th day of September 2005 , I personally mailed at the United States Post Office in Greenport ,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 (4Assessors, or( )County Real Property Office , for every property which abuts and is across a public or priva.e street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this 12ttday of September 2005 P OTARY PI �A�.'�NYF.S (Notary Publ'° ��EMPOR��iDB�R 3NrwN°4942668'suFFotK comfy"'MRK, 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 tieesrwerremailed-Thank you. — — — — • T a SCTM 1000 - 031.00 - D3.00 - 004.000 Bruce Bollman Grange Road , *Z4'0 Southold, NY 11971 SCTM 1000 - 031.00 - D3.00 - 002.000 Robert O'Brien 2074 Route 25 PO Box 456 Laurel, NY 11948 SCTM 1000 - 031.00 - 13.00 - 005.000 Jesse Peretz Attn: The Clarks Estate Inc. 1 Rockefeller Plaza Floor 31 New York, NY 10020 SCTM 1000 - 031.00 - ])2.00 015.000 The John Gorga Irrevocable Trust Attn: John Steven Gorga 310 Woodland Avenue Manorville, NY 11949 •` ;i r.. JENNIFER B. GOULD _ Attorney-at-Law 210 Main Street P.O. Box 177 :: Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 September 12, 2005 ECE1VE SEP 1 3 2005 Bruce Bollman Grange Road ) #vi 0 Southold,NY 11971 !ZONING BOARD OF APPEALS RE: 1755 TRUMANS PATH, EAST MARION,NEW YORK Dear Mr. Bollman: Enclosed herewith please find Legal Notice, together with photocopy of two (2) surveys with regard to ---• the Zoning Board of Appeals hearing on September 29, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, Jennifer B. Gould JBG/lmt - Enclosure JENNIFER B. GOULD Attorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 41'1September 12, 2005 @ SEP 1 3 2005 Robert O'Brien 2074 Route 25 PO ZONING 9O4F® OF APPEALS Box 456 ' - Laurel,NY 11948 RE:, 1755 TRUMANS PATH, EAST MARION,NEW YORK Dear Bob: Enclosed herewith please find Legal Notice, together with photocopy of two (2) surveys with regard to the Zoning Board of Appeals hearing on September 29, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, . Jennifer B. Gould JBG/lmt Enclosure JENNIFER B. GOULD • ti Attorney-at-Law . ... 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number 631-477-2601 September 12, 2005 r5.FCEIVED SEP 1 3 2005 Jesse Peretz Attn: The Clark Estate Incorporated ZONING BOARD OF APPEAts 1 Rockefeller Plaza Floor 31 New York,NY 10020 RE: 1755 TRUMANS PATH, EAST MARION,NEW YORK To Whom It May Concern: Enclosed herewith please find Legal Notice, together with photocopy of two (2) surveys with regard to the Zoning Board of Appeals hearing on September 29, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, Jennifer B. Gould JB G/lmt Enclosure JENNIFER B. GOULD . ' Attorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 September 12, 2005 -1 The John Gorga Irrevocable Trust ISEP 1 Attn: John Steven Gorga 310 Woodland Avenue ®Nle Manorville,NY 11949 ®��®of APFEAts RE: 1755 TRUMANS PATH, EAST MARION,NEW YORK To Whom It May Concern: Enclosed herewith please find Legal Notice, together with photocopy of two (2) surveys with regard to the Zoning Board of Appeals hearing on September 29, 2005. If you have any questions please do not hesitate to contact me. • Very truly yours, Jennifer B. Gould JBG/Imt Enclosure E CEIV ' SEP Y 3 2005 LEGAL NOTICE ZON?NCI aDARta of APPEALS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 2:15 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the.Building Inspector to issue Building Permit No'. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 6, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 1,11 ) APPEALS BOARD MEMBE1.0 I tie�# SOj74, Southold Town Hall Ruth D. Oliva, Chairwoman �� ,`4 1p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * * ‘ Southold,NY 11971-0959 Vincent Orlando �, � Office Location: James Dinizio, Jr. . �� Town Annex/First Floor,North Fork Bank Michael A. Simon : TCOU '11i. 54375 Main Road(at Youngs Avenue) ,:°.' Southold,NY 11971 http://southoldtat'.':.noxthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 •Fax (631)765-9064 ZONING BOARD OF APPEALS:SOUTHOLD TOWN SUFFOLK COUNTY : NEW YORK x In the Matter of the Appeal Application of ZBA APPEAL NO. 5783 JENNIFER B. GOULD GRANT OF RESTRAINING ORDER Appealing the Building Inspector's Certification TO CONTINUE STAY Dated August 29, 2005 and Requesting a Grant Of a Restraining Order to Continue to Automatic Stay in Gould Appeal-No. 5781, under New York Town Law Section 267-a(6). Premises: 1755 Truman's Path, East Marion,NY 11939 CTM#1000-31-13-4 SIRS : x Upon application of Jennifer B. Gould, Esq. 210 Main Street P.O. Box 177, Greenport, NY 11944, in the above-referenced matter, IT IS HEREBY ORDERED by the Zoning Board of Appeals of the Town of Southold, pursuant to New York Town Law, Section 267-a(6), upon due cause having been shown, that: 1. A restraining order is granted. 2. All actions in furtherance of Appeal No. 5781 in the Matter of Jennifer B. Gould, are stayed and restrained, including all work pursuant_to Building Permit No. 31232-Z, until such time as the Resolution of the Appeal, except that John Bertani Builder, Inc., and/or ) • W. Bruce Bollman, may perform work necessary to secure the job site, including filling, but not including further work installing th- •undation. Dated: September 1, 2005. / (9Q1 � RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold,NY 11971-0959 (631) 765-1809 To: John Bertani Builder, Inc. at Site Location: 1755 Truman's Path, East Marion, NY 11939 Harvey Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901-2794 -2- �'r: asromyprec eingdp s`<< age pro d=partially 'in°the: side cerning deck con; ion;open the' entire foundation was yar ead of the rear yrd'at to the sky, and outside additions removed, and a building-height -'9:15 a.m. �'RICHARD and 365 Jasmine Lane, Southold; with shower stall,as-built at less cif-30 feet authorized, i'VA12IP;'' SCJ-IQLKEN 5771. CTM 70,-1-6.-3. , than 15 feet on a single side yard vention of Zoning Request fore Variance-under 10:20. a.m: ALFRED, and and less than 35 feet for coin- Appeals decision filed Maycontra- ' 100-242A and '100- MARY KNAPP#5761. Request bined side yards, at. 1.435 2005 under AppeaBoard No. 80.• 244;concerningproposed addi- for a Variance under Section Vanston-Road,Cutchogue;CTM Location of Property: 1755 tions-and alterations at less than 100-33, based on the Building 111-4-13. 10'feet on a single'side yard and Inspector's May 13,2005'•Notice 1:20 CTM 3 s Path, East Marion; le`s's••than 25 feet for` 'combined of Disapproval,for an accessory #5772. p.m. MARY a Variance CTM 3Board of Appeals will side yard total; and lot coverage carport proposed in-a front yard under Section 100-33,�based.on hear all persons, or their re re- inexcess of th,e,code's 20%lin- Instead of the code-required rear the Buildin -Ins ector s July 29, sentatives, desiring to be heard itation-On this 4;158 sq:'ft.'lot. yard, -at 3120 - SoundView 2005 Notice of Disapproval con- or desiring to submit writteh The new'construction-will con- Avenue,Peconic; CTM 68-4=9. cerning aroposed -accessory statements, before the conclu= stitute a new nonconformance 10:25 a.m. =ANDREW and swimming(lap)pool at less than sion of each hearing. Each hear- and erand increase the-degree of exist- ANN MONACO #5769. the code-required 40 feet from ing will not start earlier tha ingnonconfornance. Location: Request for a Variance under the front lot line, at 2022 Hyatt designated' above. Files ar `rg435'Peconic'/Bay Boulevard, Section 100-239.4A based on Road, Southold; CTM 50-1-21. available for review at 5437 -Mat'tituck;'CTM 144-124: ' the July 11, 2005 Building 1:30,p.m: PETER SABAT Main Road,(at Youngs Avenue •-9;20 a.m. RICHARD KUBI- ,Inspector's Notice of #5763. Request for a Variance Southold before'the date of the AK�#5780: Re"quest for.Relief Disapproval, concerning' a ro- frofn'ZBA'Conditions tendered posed deck addition at ss than the June der t24,-ion 1200 5Not Notice.of pleabased on sedo'fnota have questions,oal 1`lI1/1998''und'e`r';A" eat 'No. 100,feet from the top of the bank Disapproval concerning a'deck, (631)765-1809.hesitate to call P;li„ 3696, based on S C'tion--100- or 'bluff of the Long Island open to the sky, • -`23,9:45�(forinerl1`1, 0=119.2) to Sound. Location: 65 Aquaview addition to the single- gazebo Dated: October 3,2005. authorize conversion`•�of a' or- Avenue, East Marion; CTM 21- family dwelling, as-built in a p existing g BY ORDER OF THE On' of the'existing open deck 2-1. (Prior conditions are also location ,less than the code- ZONING BOARD'PPEOFS into;addifioriai"living area, at 50 noted under ZBA No. 4085 for required 35 feet from the rear lot APPEALS Willow Poine,lZoad,'Southold; limitations,on the bluff setback line, at -4895 Peconic BayT® OF SOUTHOLD CTM'56-525,n,"•,'' -. for construction.) RUTH"D.OLIVA, CHAIR_ ,9,=30 a.m. BENEDICT P'OL- 10:35 a.m. MARGARET 17 Boulevard,Laurel; CTM 128-1- WOMAN LIG"-#5753:- ',Cariyoyer from TRAVIS RADACINSKI#5770. 1:40By Linda Kowalski3 80' and 9/29 'calendars. Request for, a Variance ,under DENISE MARTIN JAMES#5742 ___ 1X 10(6/05 (123) A-quest fora Variance;-based on Section 100-244, based on the Request 'for Variances 'uncle] the`-'=Building,• .Department's Building-Inspectr's August 11, Sections 100-33 and 100-231 Marek' '22, -2005' Notice of 2005 Notice of Disapproval, based on the Buildin€ /O Disapproval concerning an addi- concerning deck additions to.:the Inspector's August 3, 200f /�`� ti4u,to an,existing dwelling. The existing dwelling at less than'40 amended Notice of Disapproval reason for -disapproval is that feet from the front lot line and concerning: *PiSection 100-31A states'that."no . less than 50 feet from the rear lot location of a tennis court the at les ng _or premises ,shall be line,on this 21,484 sq.ft. corner than 60 feet from the front lo erected or 'altered •which= is lot. Location of Property: West line, and 2 airanged, intended.Or designed Side of Sound Road and 69435 coufencing which will exceec tovtl�e,used, in.whole or,in part, C.R. 48 at intersection with the code's 4 ft. height limitatior fori'`any uses except ... (1)-One- NYS Route 25,Greenport;CTM when-located in a front yard ane family detached'`dwellings .not 35-1-8. will exceed 6.5 ftheight lyitcf;exceed.'one,-dwellinuon each 10:45 -a.in. THEODORE tion located aierdlot::, The nevi—construction ction is HARRIS #5773. or Location:-1695 MdowB acl proposed on:a lot Which:contains Variances under Sections 100-32 Lane; Mattituck; CTM 116-4, -more.--than ' -;Pone, .`dwelling. and 100-242A, based on the 31. KuLocation, of`.:Property: 445 Building Inspector's 'April '27, 1:45 nogenor Point,-Roast,. New 2005-Notice of Disapproval, p.#5 MARY t'fo Suffolk;CTM.1.17=10-1. , concerningproposed -additions RAYNOR s #(plans Reamendec } MALONEY and alterations with.an increase 9/28/05) under Sections 100• �.,�40.�a,m:� PAUL`'; #5748.1 Request„for a-Variance in the -degree of,nonconfor- 242A and 100-244,based on the un,der Section'1` 0-33, based-on mance'wlien-located less than 60 Building-Department's amender tlie''Building Department's June feet -from the front lot line, at July, 14, 2005 Notice 'o 5;.2005 Notice of Disapproval 3805 Alvahs Lane; Cutehogue; Disapproval, concerning nem ;oncerning a new •accessory CTM 101-2-24.4_ *age''�� - first floor foundation contras proposed in'a front yard 10:55 a.m. -• ALBERT--and tion,new second-story addition tt'-Ness than '40 feet from the BARBARA REIBLJNG-#5775.• and new deck increasing the ,ode-required front lot line, at Request for Variances under degree of nonconformance a; .60.,_. Goose - Creek' Lane, Sections 100-30A.3 and 100- proposed with side yard set ;outhold;CTM 78-8-3. 244, based on the Building backs at less than 10 feet, les: 10:00 _a.m.-,' ' ,THOMAS Inspector's August 3, 2005: than 15 feet on the remaining *)eMAGGIO #5758. Request Notice-of Disapproval concern- side, and' with lot coverag( a'Variance. under Sections ing a proposed addition and exceeding the code limitation o 00=242A and 100-244, based alterations to the existing 20%, at 575 Beachwood Road, d r,the Building 'Department's dwelling on this 8,712 sq.ft. lot, Cutchogue; CTM 116-4-21. me,. 30,, 2005 Notice' ,of which will increase the degree 2:25 PM RE-HE iisappro'val concerning. a.,new of setback nonconformance reconsider ZBA decision en- k ition which will create a new when located less than.35 feet dered May 12, 2005), in the inconfdrmance and/or increase from the rear property line, and Matter of the Application of W. e.'degree of nonconformance under Section 100-239.4B for .BRUCE hen located at less than 10 feet new construction at less-than 75 BOLLMAN# 56 0 Request fo t:,a single side- yard, at 735 feet from the bulkhead. Variances under Section 1007 fifth-Road; Peconic;'CTM 98- Location'of Property: 75 Island 244, based on the Building 8 - View Drive, Greenport; CTM Department's February 3, 2005 10;05 a.m.• ANTHONY and 57-2-32. PANNE KROPP #5760. 1:10 p.m. Notice of Disapproval, concern- , .ANN for ROPP under #576'8. - Requests MARIAoTRUP]A mg an application for a building ctions, 100-33 and 100-244, Special, Exception for, two- or demolish_eermit to xisting substantially sed on the' ' Building family dwelling under Section and to construct a new single- ;pector's ' July 12, 2005 100-31B, and - (b) Lot Size family dwelling: (1)at less than tended Notice of Disapproval Variance under Section-100-32, 10 feet on a single side, (2) at kerning:, (a)•proposed addi- Bulk Schedule, for a two-family less than 25 feet combined side is,and;alteratjions,'at less than dwelling_on a lot containing less yards (3)on a single side yard; than 80,000-square feet. ',In the exceeding-thecode th l limitation of proposed construction of a event -a variance and special 20 percent, and (4) at less than _accessory:'shed with new exception is,not granted,author- 75 feet from the bulkhead. ;ht,, replacing,the existing ization is requested for occupan- Location _-of Property: ' 1755 d,.and construction,of a new cy in-a- unit of the existing Trumans Path, East Marion, ssory garage/shed in a loca- dwelling to .care for family CTM 31-13-4. i,,at less,: than the code- member(s) altered,and enlarged 2:50 tired five (5) feet. Location for.,separate Eying floor area GOULD m JENNIFER- B Property; 3,60 Riley Avenue, accessory -to the-single-family #5781 concerning tituck;CTM 143-5-8: dwellin . Location: 105 Brower andsMARY N by O BRUCE :15 a.m.”PAUL,and LINDA Road, Mattituck; CTM 107-8- ANN BOLLMAN. iESKI#5767. -Request for a 34. Zone: R-40 Residential. Decisions Aofeathe revoke Building and. on under r Section.-100-33; 1:15 p.m. PETER IZZO Inspector to issue, Building Dctorrs July 13,2005 Notie ce under Section 100-244;uest for as d on 28, 2005,ances and3al dated June isapproval;concerning con- the,Building I"nsnectnr'Q r,,,,P 0 ___ subsequent oGO- ( .�e'_, /t•.'�--w ` •-/r., i "- - J tF• • .TTY!'„A'TT/s-r ,-,T"-=ah•"•` - • -, a ,..--_____. ............,.....a.....,-,- Ifolk'=•a'-'' ,.,. :;�•s- - distance fro;. .i main,dwelling -ad bio, e:•-.any;anda•,a11=lawful' -'of 10 feet„insteaa'cofftlie�,r"egiiired, thi ,,r. •.- , •° .O 1v1 ES;�}y,'•S�-,s�>:.�;°s7.`�C%f'�=:.f .`- '20>feet::r=�.;,{;i•_ c';si,• �:•,:a •;•:; 4'SRV: designated;'as;'a'gent:.of `'8:15--p.m.'”prevailing time,' '',.: Cf e•upon."''wliont. 0process':-_Appea'rg4,5 05=101. Appeal;of liu COUNTY OF SUFFOLK iiinst;=it,may=ihe`ser'ved.ASSN/` Daniel Calatiiii 705.•Roanoke ip :: ' ' i STATE OF NEW YORK ss: t11,tmail��copy.ofprocess;;to:=., Avenue;�Riveihead;,,:New-"York `1't 16�C'arleton';Avenue% ":,5``"`' ..for:'-.a:variance:&to.;Chapte r, 108. 1.21 Nancy M. Mclaughlin, being duly `sastoIslip;NY�:.117.30..: Ea-=.....+�_+Section 108'-5� ,:gfdie:Code<.of'" -.,C;7 OX:�9/29 X10/6,l0/1>3 ;10/20;; ;the Town of'Biveihead;-request •'ai sworn, says that she is the Legal 1,.: ',34-r;T-.41;0/27;:,-1,1/3/05"(A; 7),:'' ngp permission to;.reinstate j the- �fii Advertising Coordinator, of the Traveler r,4•- '' RUBS;TC'ANO'I GEs--q,c.;.,--',prior:.. use <%J�of^,:,'`',,,,ek'� food"•.-P: rti<''^'' jriii'''''-mar-ket/.deli/ rocer�y•stote:::.�•a ',' st Watchman, a public newspaper printed ,,u'rsuant=fo-, ecJon-- ,- -of_tlie' _. k :a; e-, a.ji:, ;Alla eals`,adjourn`ed;to.this,.: `bj at Southold, in Suffolk County; and that tyria'luw 'aftPii6lic.�H'earing�. - - �5.�� It 'e F, F t K 3`' �� N date:wi be=lieard prior to those `S, Elie-:held,',liy 'the;-Z`onrng,: ;. - , ,; , the notice of which the annexed is a listed-abo e:';;�:,t,',.7,j ;:,. :t%,, arcl�of;Agpeal's gfthe-Towmof-- •-T.0„ e l ead;:�Sufalk-Cour New '.Any",person '•desiring,to.,be sprinted copy, has been published in said rk on`Octolier 13 2005 atilt'*:'heaid4:on'f`th6-t0ovL mentioned_--:it Traveler Watchman once each week ve l eaili=ynTgwn°r;61 -al, 2DQ:-'_appeals :siioulil'=',appear,•;:�at ttlie iwe111x- veriuect;"Rive-riva :'specified.Lime and,place:: ;?,,3:we. for week(s) L. successively, :n, r _ r,._ '= ;MAA:TROCEY`':L•`E :0.r•.0.: - 'or rnox eforc tthe-.st�me= - - co ci on the.... day of Milttlow'6ii-eacli of'iliali = - 1:TyiAN ZQNI l:0 BOARD,OF:=;: ?viri a`peals:'=6.r.:��-::�` _:�- 4zF:��,_�'�i:=e1�=u: _ f0/6705.:(419)- ��3ARf'1r�1LS��; . .� �✓�( ., 2005. (t g..., _, :, --= , -t';'0-A- - ;rz-,.' ;-_ .IX 10/6105.(1.19)- pp..m� ;,,;<P=dvai in •'.,time; i e`1'yN =~s `: RM. .11ON ,p 0:„p g''95,_:App pk,tof,-, " IOTICE- OF=3 O pg',• o - tnt,' f �' - -, e,r.9.‘,5.&1,`Joann":Caruso{r�3 OF ,LIMI-ED t jA FaTTY" igeon'' o'urt. Riverhead ''ew 'r C'O ANY 7 NAME: ,`RGJ 3y' irktifor)"a':'.mist u. to Chapter- REALTY I L-;.\rticl'es of 8. :Section :1'08=20,.3:--of;,thie O gan»atibn,Tet6 f led''with`the clekof�the3Town of Rivdrhead'''Secre of State of•New York u ies it="gFperimission�torerect a_`-•,-(SSN i7;,1o,. 09/22/05.=.Office o e re me this.. day of i1nnYiling`.pool"lia iiig;a ,side location:Suffolk'Cou ty.,SSNY `1 2005. rd�aliut-ting awtside,stree tf,';:0, :Ihas lieen�deslgnated'as,agent�of` .I inst+,ead-'of the"required 60: ?the LI C�;upon whom`process.: a I i,,-:,,er.,,,, ,4,,• :.'�Z�.,;, "Q7.•i ,c;q,,.:.;,,F.,.rrr- c-. 411°-1,. 't. L._._____,,, �. -,:,-, .�', ;v, , "�; '`against;;it�iiiayel�e`°sei'ved:•,S�SNX, � � 0�,,p.m 'prevailingi.•-time;, s'1}allymail'•�a••copy~of_process`"to � ` �� V ke'M a r`rl'. _ - c,{,. #�'' tit:`'. '-_ ,1 .. G' 4., earl°,�Nos;,�;05'=96��A� eat`';�of-��th.e.:,:r�IrIC,;;,- cYop •;�oliri','''`R. n'&&{�Donu t La`Va11e`. 6=Little_ -.03Offi`c'eBox 1 Notary Public 1Ya-Road Wading=River- Ne� ,460 `Speonk;r-New;;York'1,1972. � xd.g;?' �,: .,•C^;'7:'c•'y�t,f ,a ,b�=L. r, x:-�+ ur=. j Irk ;fo_r"-.,variances;to,;Chapter ose,:=�°°Fort'zany,-.lawful"°p''ur- 8;x4�ectiion.108r,X�T;o£'tlie�Co'de Qose: - - ='-,:•!'.::', .,":."'f'"''.."-r'''', 4"''`' ` , ''tlie ,1 odgiif Ot ilR1 erliead;�' .,` 6X`?1'0`/6;'10%1°3;=10/20=''10/27,\ Emily Hamill t.4_ ' �,•. t� .c7,t'g . ',Y.11/3 '`•1�1 10i05`° 12'0 � �:e:*•USi' q: iuesting,permis�ion��to„erecta'� �,,-;- ,_ _ ( ) '4 NOTARY PUBLIC,State of New York al-having:r.4 4S'.ard,'igtb:f i. .> - :•;>.` No.01HA5059984 tfeettiistead ofthe-re aired 20, . - 5"�r=>;„ - :� , �•a:Y•;,r :.�' • i`Pepble••- ��each;I-Fair-as m�bit-`r Qualified in Suffolk County t;'and.a°'Shed:.ha'in ,a:Tear: • Commission expires May 06,2006 ; nrt g` id`:.�O;wners ;1-4Associatioii.�,1;;f ast ,, rdM.,. th of 10:_-.'and a-'side, '� - - ,- & � E >r ' �:��{ 141auori,•.Ne_,w I'orif'Sx939�tys%ill� rd idtli~`ofe 5�=•feet'�iristeadg01 - .,- t;- _ . •_ ,�, i ek y as s . ,�- close-,1A,T9R--,r_-9AP. Tuesday re tared-,;2.0 feet;eaeland� Ootober j,1 �'.,qq�• - �;;�- �,.... 1�at;.�8O0�ea:zi:�uiit.l.',, Vit;#front-' a;:proposed.,pool. t ttead�of;tte�rgquiied=l0feet `"= ,�?edjaesda ,Octgber'.,;12'r 2,OO,Saat��°�� r,4 , ..'. = : s. , :i: ::$00 a:m:The�zoad clgsiii will,` I5 p:'m: '`prevailirigi'i„t me;,. g12'- , ea 'No.-.05.97'-',A,pea ;of- :b--. a sed.-,. , ..a ,', �,. gypp°zr &`'=";T " 'i z' P.,.�1-, f,,•.,a_--,k..� vi ,„ 0% !2 '053 1'1`. I 1..P. ;t�,; ,o111,--alts=,--321 -_ .,-,,,,,x,,,:,--7-g,-ti --!---1_,._,--:.-{;,-,,)•_ illiauis:°Wa- ;B'aitin"H-olloit = ?1NOTICE`OF4) M 1C__ '''',I.,- '1 iw•y,";4iI'oik�;.fq�:_a';tya�iance:�to ,: � � •,HE:A1tiNG°.- - Iappter�108'-3Section1108-26t2 -',' TOWN:01RIV'ERHE'AI)cw -f tlte'Cod=e sof'tr e'r Town"of• 4CO 'o' TY DEVELOP-: verheac re• u'esiiug�`�iernis_- E IvIENT-AO NCYi`"=,'°•'':r!' ii tortalte +i wwelliu ;su•.tfi it.;4 -'~TOWN UI RIVERI EAD;,'r;•.. 5*fro'nt',yard:depth',willt=be.-S5 q''SUFFOLKx CO'['J'N'TYT N'W— -`n ;r" ;it' `req ,gd 40,J.. tl „f,` .- YORK4 1 ' ,',ti i,s� . ��r�� sad' of;t a nir` �; = ,t;1,i> -••M�z.. •. ,.:>>e,-.._,; +NOTICEtIS:EREBYGWEN-,>. 3:00, p:ii!`�` ,13r,eyailirig-z`time; =#list tti ember"s'°of`tlie°Townnof t'- peal'r'TMNo I05'k.98:'ApliealP of Riverhead''Z.`';'' -.Community:'=' $1,L(;Mapie�e iValente;�l'9 PPyye 'Developmeiie.Ageiicy ;;Town=of-'; iIIi , .amesport;:New'York for Riverhead=Suffolk`Couri „New !%i"antes'•to r Chapter's_'-1.08, York,;(the,�.'Agency"),,:w '.meet:I otloii";0$-14.2�oftlie,Co�de of at the;Toivsi'of,Riverhead lown. `"own ofRZi' erhead'teguest- -,11-0:.---1.20 Howell�•:Aveiii6;;:in,'.! ';.permistsion to_rdemoli'sii`an . Riverhead.o Neww York;`°:iii said, Ystinzsioence'`and .erectx"'a.- `Town':on*`Octob`er-'T *.one`liavingside,yardawidths, '7:20:P_.`1v1:..P.r`evailiiigF'Tiine: or= ;6'5"`feet`and,;7�'feet in'ste`ad,of' ,t1 e; iupose of coriducting,a pub'= �7k � :t� �z , p i4required;,10 feet,"atid 15'_feet lit:- .1.10 ` ,p�`„„ectivelq?•aficleAaving'a-jrear. ' Riverhead`LLC-sliould-'be rd'depth of�31` e gnat q` B r - �`feef-'unste_ad"of° `des= ated;=rtfies"-`•`ualified=�aid= require0=40=feef. •=`f•'=' "� eligible,,sponsor `f=it[,the iede- 1 3 05';'p.'hi;"preys linig'�tirie, cvelopment'of the-following;�fotir• I Y hr7 a+7r; 'j��Yx :e•-• •'i r.: T�K+t C". — - - 5pea1 No =05=9{9, Appeal�-Aof, .properties=located=on'Eastl:Main ' i`vi'cds i'Nlar}=Aniicuszkieix!icz }Street r site-•Roanoke`Ayeuue'w1�in' ; iT A h'"'e'�ile ?P, t'[hd's. � 1'£� 1,`��r.•1 :�+ � , a lrington V,'§ uel,2 amespor`t; tlie�Toyvii ofRiverliead:"property, Y t 1, w !Y ! - s fvYl•l- Tvsa p' 'd'..u�- y 4 , uv,sYorlil!foi'.;in;interpretation- •Sform ill)kknown as'�14 Ea`st�Main:1 tC?aliter-`ffigeSection.10$ 3Streett=;;�:(S'CTM=''0600�b1'T-8,'00=', itio'hs-=._'iwel in-"-• ` =06.00'53;000 ro r ` ' I•'" two="` e�'�{/`'formal- ,nirl"y.: ,tlie";"r questionk'.,being,< ;ly part of the�Rivei'head=l'atki ig Xetherr,ci:wo�famib dwel7in'g: DistiiZeti•[o'?1'';'(SCTM,;•.10600='� tystie detac 01'1..uil',ings+7 r • 'I `1i' dui s�fai1= '=7�28F06,•0"6a00.66:003);'propezfiy z`"' '`"at`ra4vairi`ance;'to S'etion ,''formall 4kriown•as the'R mland'_�� 8-12 B�,1e,�:u s.,•: ..4t' �; . „1 ,fi eigr e tiiikliermission i•;-Build ing'•'(W-T,IVI'=0500=128'.06,,' -ac"d anapapartxrient,,�over'an•-`'0600-50•001)�and rope kfor-' 1'44d`e`tach r a�'r n . , .. :,as pp , eke4a -:there= ;r iiia.W.,,Uowxt-_as the--Suburban creating'twp•single`-fanuly- `Furniture=-Building;;",,` 060 -'+ ;it0.1.5es:oii:3,the•subJect pr - 1'28 0`0"=06 00.5�1r000: - k ere- I ;s 74^ 0-` _ v`�'°' "=-1. u`Y r 4mafter,col4tively referred to as 3:1° 'pA`m,`;prevailing',-'ti ne,�' ;ifi.. Prop, ) ib it had''`'been )'peal':No's 05-1`00 Ag eal'of==_qac uired as Oassembled~w`b' 'the �,ei g;�4s.�c• 3 gxcx i:. rpt, r- - ;Y�,.;: i is les_f'Leumg; '109`s•:Souind ,-AgenLv for transfer to��Sweaey= i S adn g�River,,Nev3Sork Riverhei A oldmg LLC in con- ::,,:A''' v'ance`to Chapter ilii lection vithr'i propnosed urban 1 tr ry�.y , a.= f y,. 'cti.on' 08-20�of ttie`Code°df..';rentewal!=�pro3ect:�known; as the, t€sTriw ii ofFlt'i.,r he id Ter`meet-i,-.1 fiwe7ev'.c?Priiiect?'''inn in`''con'- . I wl ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of Appeal Application of JENNIFER B. GOULD, Appealing the Building Inspector's AFFIDAVIT OF PERSONAL Certification dated August 29, 2005 and SERVICE Requesting a Restraining Order to Continue the Automatic Stay In Gould Appeal No. 5781, Under New York Town Law Section 267-a(6). X STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) 1. MUCEis at61 eing duly sworn, deposes and says: I am over the age of 18 years, I reside at 5W-Sot 1104A '' L-lc6 -(fi �cz �iC, , and I am not a party to the above-entitled proceeding. 3 2. On September 1, 2005, at approximately ,_,3.5cPM, I served the within Restraining Order on the Fa2t-T00 of ural Srr f&'n rioris , a person of suitable age and discretion, at 1755 Trjiman's Path, East Marion, NY 11939. The person so served is described as sex: 1Y1 ; skin color ` A.14. ; hair color: ,tip; height: 5'�t� : weight: 2-00 ; age: 3S Military Status: I asked the party served if he was enlisted in i ary Service and he replied that he was not. 4sk. Sworn to before me this 1st day of September, 2005 Notary Public JAYNEP.MAIM Notary PublialabtitiOrYak No.773823E Qualified to Suffolk Only, Commission Epkes Jan.31, 0 07 l ,,/ al -' =1'hursaay-;;Jeptemeet9.5'Zu0 a er^' ,al"e/rraan-=- -�-EA B Tnspectoici,AugusVrv25;%T.of Disap(irgya'l;tfo4<ail4accessoi, ,;t<., a114j4AL.$.Re,,Gko4is':ail` 29;: 1 '200P` ,16tice o€'D1sapproval',ifor c,', rtrpropbi-ed in'-z[a,'front hard,-20Q5-Nbtice---i fDisapprova'3'con= -, h ) proposed'`addition=-�yith;"alter=, instead'of•t i+�'code-cequiredare'ar "•cemmgr;4::;prQ,posed;,4aQce`sso_ry. , ` }had;•„at''/-3t20-14Soundview3• swimmmg;(1p),,pool atletusithanations to the exrstin -dwelligg wh,chits leas t11an 50feet`'from Av1re0n2u5e,-?aamconic ID",OTMRE/6W8-4'-a9nd tlithee.,cQod4roegtue„ 01:00fe2e1$yamttthe�ear'lohue.'_Tie.proposed '''MONACO --#5769, 'IRead,fit3al,°C NLS-0'$121:,addttlon tg_add'a'partial flu, Request for,'a-Vanance"under I=30':p,m PETR`;S'AAT�Vdegie'n:s6'offife-;nannincochrefasormeinancee Section 100-23974Abased4on'the '#5763.'_Reques[;'fpra-Variance I obatioil. 1240- Love Lane, July 11, - 2005 Building, .upder§ectioq_100.244„based on Inspector's:..•,i;-Notice;•,s1,'tof,'the'"•,une,24;`,20 5 Notice"of ' Nfattituek;''CTIyi 140-1-23.-1. g - 0„t ;,• i r Zone District;Marine'IF//..)' Disedproval, cononr at>le-ss',tpha- Open Pt`o'l fhe`sncern}ng'a�,Fc�ko,' ' 9.10'a.mi'ROMAN-WATRO- P P rk5 is th g• 100;feeet from the top•ofthe-bank' •addition.td'".the ezGst m�sm lej BA,#5:d74 `-';Reciuest0fo4'4.a , or bluff',of the •.tion ',,:Island•, " `'' Variance .'Section 100-244, Sound. Location 65 Aqquavtew' location less hJaii'-tliel�coded based;.:i,--on=•'';the=>t'.-Building, 1005 Avenue,•East Manon•c Ma2r-,,-;req ed asfeetfromtlle,zear,lpt.,- Insp,ecioD.1approv,,,9,sri200S 21.-(15isor conditions are,alsq•' line;iyat;4 895;,.Poco.16,i-Bay Nance of,Disagproval;fora pro- r asediaddition<JAt I-ess,` '3 n£Sed'uudei 7EA;Np:4Q85:isfor:; Borrie ac el G,„'t1,128-1-1 pp than 5: lintltatf nt on' a"bluil 'set 7� °1�`- ---, .±,. k'eet rom'the'frontlot'line,:at,7.75- 4;P s, ❑1)" 1.. •'rut` `" 1 i:`'i,,21A fQr GAAstnietto f.�D 'ii40"r4 m. r.1Alv,'IES*r'.andl Mfdw4od'7t,Rgailm-(aFkfa:.7,0 r F r P_. P, ewogd,'+.Road), CutcJto e; t"'10.35'"`a:tYi: 1v1.4tt`CrAR'ET•;'1�E TIhI°''. 7!I�:� ' 1 Y u ICI'# 770-,' �i i~,i‘,-. - 1 0>2 ,7--. � Tx�y�s.x,A��ae>13S• � , R;ti4ue,t4•for�ariances:s�nder'9, "''" ,Re uest:',for`.a �`i ce#'tynt{Ier $eco 0=3 ',anri,f0.0;231,; ,9:1. ?a:zu 'iuoH 2='arra 4. ;,r,.,,Rattg"• . .ec qqss n, MARIE- •8GH)JL:)EEI�1,:;`5:7T7rL:� .SeFhontfi'00:2,a4t.based•on the 6ased';i';,s4nrr�.the•+ Z�uildingr Requeat�;for -a1 Variancc_under wilding 1ilspecto:s1August.11; ,Ips",pecto;,:s,• & u `"1;};29D5i O05 Ngtices,o "'Drs pproval,'' endea•t�o cb.or.Disa p p y1 Sections'19Q-242A and100 244• the ,'`fin P f. ., and almt'erabopus at lessatkilniO 0 ex sctingdweeling`at le thaon-40 -,o cap of ;'ter s e urrt,'•,'a`nnc hon1 fegtron°eratioswge_sidg=yar l;andiless feet<;f'Q}n,,(heffront lot.line and' as,tiitilyaccprsfigrytshesIbotfY.less than.•Srd'get=foT.00mbined•side less than50feet-from the rear lot -tlian 60 feet;from the front lot.. ' S- ane;on this 21,484'sq:ft.'coiner,'slme,.and/,(2)proposed fencing/ yard totaly an ;lots Z0%page.m •1ot`:-:-Location=of Property West--,which;will exc-eed;thecode's-4Tft.r,, elccesaof,pe codg?,p2,0,ret - Stde?of.Sound Road'and 69435, ;height lm itntibn.when`locatedint tiew con traction si fl:lot.--T7ie C.R.48 at intersection with NYS 'a front yard;andivill exceed'6 5' new constmchon will cons and oute 25,Greenport;CTM 35=1- ‘ft.height hmitationwhen located? ' a tinewrinonconformance'=and' , -increase..he;degreeaof!existing ` = ,..' c-,.....:-r''' 'in,alstde yard.'I ovation:;1695; 110:45 ,a',m- THEOD.O `Meailo BeacbLane,,Mattituck; ' nopconformance0'-''a o'v`ation: ' a' ,\S) •,T0435-aeconic'iBay,+Bonleuard HARRIS' . '>#57,73 ':.Request fon ,C?M'Y1.6 31'.;''- Mattituck;rzGPM 144a12A 'si', Vjarlancesauider;Sections 100 };1:5.0IM;y;RE-HE,4R1NG"(to: _ \ iis}•;203'itaim._ "TERRI '-A11.,- and_100-242A )ased'on.3he•„reconsider ZBA•,decision ren- �� E'' , Buildin_�gg inspector's.;.April^22',"- dared"-;May'`'12'2005), in the, �� DIV1NOR1�. and ERAN TIIA- 2005-Notice:of- Disap royal,-,Ilatteroflilte-Ap plication-of'W.1. • �/ RAY I,OR.w'�i ssiw;11,E; th;;.i' Life �Qd al ho sDwi s art di on,e:',BRT 1eB.'and aA MARX .AIT, s. ap ,)jQL'LMAI ,#56'80,'`Requestfor Estate/fening,Cj#5777 ionJ10 at / . , ranter entng.Coi.5713 R6clu0= m�deiree'bfnoneopformance 6.�Var'iances;undee$66tion-100-j- cdn e"fos;,app al oes oin' from theyv,letiloc$.front-1Qtect t'Mine,at-38054 De�'4partment''s`Febriaery•Bui1,0951, &,` = ry Alvans;l ane,-'C utchggue CTM-:1,_Iji ttce,;of.Dtsa i'ovaf,concem- 4 aitmenka':proposed4oLbe mod; :5a01.,24.143,. ;, r _, • P. l-,tgli if ed..affernalterations'?andraddi4'_- 55 m''` .ALBERT;'and':-'perttitttpsulli'stantiaorr emovbuilepg (Specrto:.lhecOiusii g,:'*01"ngg B ArnIBLING;#5775'.--demolisli:`e sting rdw 11ing,,,aandI- (Specrsited?cephonbNt•ri4665 Re /rest.,,,r Vanance under: to`fo attknary>siu`l famil ' waSliSAprilfi2?1,119,Q9mftbaidtifxistulgn +S tjoris e400-0A,3;_la&d`':100-'`-dweling q atlle'ssttlian-_10-feed dwelling:), Location 3376 244,.based;'on,,tlie;,Bytl'ding- :onra-sirtgle side;(2)at less',than p9 Wlckha iA�enuo,ii Mattitiick; JAspectgF's',,:,A9gusts:3 ,'2005 '•;25feettcoinblge4 side yards;;'(3)3 ,1(ottce;sof Dts'approval;c o vein-r;with:'1otf,;ooyerage,_excet di Ig;the - t~:00- ;9';1'S d �' p int, 10:00• 'a.m'-•; ;THOMAS 'fig`wpropose :;additkpn,ands-,'code-'lugitahon'�of^;20-'�eree alterations; to -the,.°existing .ane'=(4)atless1iam-l5f etfrdmi - 'Dfor,a G'Variance -r=Seefqro st for, a:Vanance under,Sections Iwelling'on_tlus 8,712"sq.,ft.lot, tire'--'•bulkhead.-i .ovation '001 100-2424'and-4,119 2,440)*eii th a back nonconformance when „East;hiCh will increase the degree of Manonl`G,TI T-31-134Pat'lr r_ ; the-Daikin once drtment's'Jupe, Yocated•less than 35.feet'-from the -2,15:,p:in:,:- -TEN'NI)! RIB 1 ' ;t,` '' trI VilO1;'', •3Q;2 Ngtlee•0 ts} royal , - "-S0`[l lEr-(JIID"OW ZOO 1 ` con mins a:new afdddiiitionwInell 'rear,'property:.-lin.4a''16r., --;pre ruies*j ,3,7,1,:•)x"dogcergipg• ,t]NG.IBA`ARDY,OF•tik t EA'CS't ,wiuTe',1e`r`eatd''a new''t`ngnconfor 'Rection, 100-239.4B-.fot,-new•^?taints"es owr�g .:by„,�v;BRIJCEi •2 p t � T' 1 ?? _ of ponconlormancet hen l t from-the bulkheadconstruction'af s Location of This ssthan-75.feet' �,'•an Appeealall;to revpk t e° .'Z''1My.tBL"r , 'i - 'Pio e 75.Island.View:Drive,--.,Decisio• •of",'the-',43uiltling1 - !INGs', r: cclac less than l•,O�feeton•a,si,40 p '" - ?NOTIGE`i"f TS 2I REBI' -side;yarazd,'dt`735„'S•mithjtoa�i' Gr1)0'p ..CMARIA' 2:'�: .-:'),'ennit:ox;�,tq. ise,clatecilduig1 JWWE13pputs Vji3Sec1ionr267 ,pecomcyC :98 ,,-"8. ex�,o r.�. 1,68:pm.,...MARI"A')4eciA:':p'errFii'tNd 23 -z:,'dated,Jliue 'a r Basvy`a id,F iiepteF• J'4'0:03�afim ;rAN3'HONX=and- #5�r68.Requestsfor:(a),S_ecial,,28,' 2tlinsntp itill:`•su6seduen t rt OA1d3�TBIs iKROPParci#5760: Lxel tion:,for ecti two-?anvil uud'er,F Building` x p f Y•- A¢iendments�= W1 0 re lgp tic ;dwelling'under'Section100:318,•';Permit-No,3I232-z snwhoh,tli ,�q Sou tli 1 ttx puo g rublie aS iii ,or t Pari ri9es;,=wader an en o ,was remoy °tlfeaet t •e' "t o:=tried" SC slip..s 110;.3,=`..049elQ.-kill = `4d`(b),L,ot Size;Vari ce under_ tine f,(M'llOati,n 6A ," a,9 t x"° y r..•Section:✓1„90,-32,':BulcScbeduie=' , ij,Ya'b" d}pg seigh/'ri;30 feet/ S(9 (^?`L•D:"a O �,,>`base� x n:f»41ig",.,$utldin' A�°'�f' ,:;��?1.° z - - , m a s ors a;tvc auuly dwellin on a :' m'tin ve oR f f?!AP 4 t ltf b au3`)f�ll;i:,•Iris e�utorisTul"s12,:20057amenil-b• . aut 4}l ' ar tib gti r, 4$0W(110 p y� > igoirl riiiiivit` `less;,tliatl• OU00 'i:Zo Board of e1p eats-9ect _ 4-0 VOXt...edrlfing4 ,la).ps isapproYal-�don�= g .ra c, t g gG i4ii ,: `it, •;ce~stiingo-! aJ. i9 •add/ o -agae`'feet:•6iiftie;ev_esiC.4'ar%r--•4gRa,4440 ",,l'i•LpO�pnile ., tZ.. ':I. qs P9 i k! T ova on- a n ,. .;"r afid`,alteratso a I *valid eoial ezCe ttpn°.iShd ppnl 3 _uN. P. R lr.,��t? SN4'S BQ--;'t ti� :P , ti'.ass s rs req es,, opsit ?1/ o'Trumans-Pathi. '•17 `!r: 'y��' � Y �.4• � r �+` to authorization u t-, - „ier r Ck?'-ta'they',.,e{'�feet•on.:a-singl /snip 'az ,kt(b);- d s = ,I ''''..,'. :�.ir..0.o%tkieie= propose&dons�cfion;bfa'4eW" fd-forocbupauo3?innunst-0f the;z-z ast 1an4a+;;CT 3tr13 4' 't,. i p�c�"s,`ting`dwelling to''care'_for.,,,Zr �i ie Boar ofA peals`will-hear '`af►er ieliiiiagie): ' _ s;i3_,ign'1:,'' ac'cessory.sligd,iyithliieikite,igh4 Um•,' 1' j.ifi Q tk'.1` k anrl_'4-ep a olthe:?xi,T nf&a11 4l> 0`amilyp7ngege (ratelvin• to llr`�ersons g--4pPetr; ear• d;a 1 a?ri t e wand: $ d�,��..'F. p §. a+� a,¢ c h n a• c e s 4dazged os'separateliying"41or ,,t> as,idesirip ito,b'e-Beard r - N 1frj 9 inf,alle f1.fr °ky . s �;- r t i R aSQessory;t44.,singlet--,,:"-e- ,!1'f`"-t if:av"elusisn t .' , -n, t y apanc ;gam eti d- r ocago ,at s:,`i1. g..o 0S,•,,• t ;. P , I `+on:: 6:,4071$16V451,111�,,� :i,, f +)r:,djellm r #110 91 1,-• '_,inerts'•, afore the leinson she-:c'�ode=r 5#i'd fi'��?(5' n. g�"` intt;Ie catyo ''dffl g"" a ro ygrrRo�w Mauriac " :each,hearing:•Each hearing:tYill, "6,l) ``. . i$t$triads - i;t: 5 bgerf},'•i1'36 1ti "s;. ' 1� r'' P ' Yhil'. ,,r -elaae„5 0as'ile 4, r? ...,..;:,-",s,:a:/' •nboir,e-4'illlefYdsan-desrgna 'iif' 1 r�a.c 1 z �:.�flts;;)�oll�`"' li�.. .r: " �_ x�_ f �k;t�T�'1,`'`- •est¢g,?itia'1,�a�.-„r , w,-iiia';"x�a'��i,;abnYe;�•:�'tles=are:�avai_labt:''�or -- T t- ` ' ' 0 t z tii,:A'<+ .,lav";li Ea »;a, ;,lt°',0. ,',?E, iZ '1 reviewrtatr 4375*,Main Road'"t'atl`' ow.' ';. .-. ! ' ip ' r4 , , gni;,,,.• RP, - , ,p=, �� :- e &a•u, �..'..•: 7F��j Ro west=:for;U Se sI�7Aieite ltf�atiti;' 81• ' .. ° ' ,t Z h ).767 Redt>+eals r, 5-.:. q $nom e • ;t°,•'stgt 5.i $a _s,�r•' !,`°Vg ianceun tr"S 14.0if5'1'004 • P-eF<Seorion6-,646-„',-'l ue);�}'Sci o•grhhe d� f e east -- r) :1":1,9 a 1'Ia n s>'' ' •t,.„,.,rQ °" 3h ,:. h15�s.cCto v'"jun 9`' , 0 11iave°-question lease:`" irlati'l' -,:y,' ` Artofa e ?r i:',:it asec r.A •, ,13'/iN e - uG 91 #,5 , e`, :.- call•. �$ :�bQS. oyee:ofbli ap ,al•c noir he;;itt�lfo�: (�3A-4? 1� 7� ,� ,;� , pR� , �}�Z+�r,�.,1,•,. , o},de..-, I;I„ s �Q)', bn-.,; n �-�.. k``" _ F..^IPWd.,� PNr,:':4:Ft�Pi:, ) t-:1809si esz`:t V,:w tK.!'. ;�„ hfI` sap,, :.,•0 4 0.r ,o,,,, ,_ ".b isa ray c,,,,a co •pe4he ye`c12-`d'iiskideaan,-open: t '', e; - f pp, V,,.?) gr. 9; -,4eil.;=Se temb. l2,2 stiA.-t, Je°,!.'> "P�d '°T'i �ti' of ccesso e,' :tq.khe:aley"and'tiutssde�,addittons pp ��__��,, r O1l' sora gam$-. '' r' '':.BY?0)NDER:.'O'F ItiB:ZOL�TINCr1- 's-' ° °"a;,'•1's"i=,?'11''`1 t t:prro`ppsedafpa--" 'mt airside -,:/air-3 'ower-�stall,,igieiilt-eyards•, A, ''•• •,,se6••••- ' ( ):441;4.A6 .aar egt*g:rg Ff1,t,, . d 1 ss et pn,35 eehti fsdre'cora-';.r, <:;,:!,1O' ','? Or' IOLD4 ��g rgseY fJn.Vai rear: aid.! 5 t, '�:l ,bald „- 8?L- A --,:'RuTH D.,OLIU CfIA"IR= 7ta1sdc3"fibu•:•zi'1�5ati�a�`1erie�l7arie,� C1?vi`70'I`1��, u:, r ut "tined';side yards,'Kat,.l.rl3'S- � A' ' r ,i4?vlat(itiitl �s1'(1?i�.?'�.t''-^ 'j10'12.0�a''m:?��FR�EI)iran$ Ualiston-Road;`Cutohp e;�CTM- ' ;i �0 # �I„r '1A '' cER-: MARY`KN: P.kt#761:-;R west .11 S.d=13-' =:,."-- '1:14;'44i 1 '44i.a,(;_ lalifFKAM S 014 45782'.yq"Ire ur -;0- 'fo'j z V an r'', cion = 1'2'2' 'm,,-.Ivle>.R - BUT:-. a5'1n1 ',i, " - .Varianee;"i ria' et`fitini400'! `100 33',Phased o,+,they Building, #5.772,PReguest.•for;a Variance;-.-__ • =242-A and-400_-2 4 based-bn=the';Iir'spectdi:'s 15fayr13;"2005'•Notice 'binder--Section, -based`on.»- S .a LP�ga'1S nat1?-4 et -- - -- - - ✓ 1 . ___:::::::::::::. . , 6 , \ -- __, i \ I .----- \._____ hip, L COUNTY OF SUFFOLK Pi STATE OF NEW YORK ss: / .f'' C.) parsM. Mclau lin, being duly xCod Nancy ,,n1'' '�i Rivt sworn, says that she is the Legal �;,w,.x.. \ you ; ',, ... '� 434 Advertising Coordinator, of the Traveler V s Q, • Ney Watchman, a public newspaper printed ,y ;ia s \ �,4 of126at Southold, in Suffolk County; and that ; 5,,os , �\ of a the notice of which the annexed is a ~K` a printed copy, has been published in said w �` grasD Traveler Watchman once each week ' ` 1 week(s) su essively, ;,�� for strict - :,t0 Ri' e day y, `` .y B comment ng on of . v►t B . ' -- 2005. fe , 7 (-\//, 5,-,\, .,, ..... ,.. /.-ii.. ..R.c.. (,.:A2-uizc— „ ,, . c, tel.-•;,�i � 4 v-il , .,:.;.„. --- / ,. lig; ____,„ r\ B Sworn to before me this.../ day of - the /"R97 2005. ` Part} infll ` �� `��r '��/� forty � ---� race1 �ri--�"� w Notary Public ' dates �� Lang /` \ _ Rivel Emily Hamill said NOTARY PUBLIC,State of New York d No.01HA5059984 � - �„�� IOOk Qualified in Suffolk County their Commission expires May 06,2006 \ affect Hi `'-.-•46-,,,,"---„. ing n 'bf ,. ‹ , Hr be a ` ;� belie .11 A!: shin) s �, A clout E . antics ' / 1 Ise D strict ,:,3 .: �n`x 1 Dunh 6 f le / - -' . c. '40) .:'.!:,:kA: a rP Densi �/�j ; „p F4 boat-4 (j'✓ «, \,,� est d / 41 taken — , �>� • --spoke--- ----------- --- --------- - — i------)\ `__ Y focus town �-�-.`` _ ( inde P 1 Ili Cardi i ./. . t o Ytilta2 q1/9 i 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 October 20, 2005 12 9:00 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman 16 GERARD P. GOEHRINGER, Board Member 17 JAMES DINIZIO, Board Member 18 MICHAEL SIMON, Board Member 19 LINDA KOWALSKI, Board Secretary 20 KIERAN CORCORAN, Assistant Town Attorney 21 22 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 97 1 2 could always get access through the right of way that is legally there. We have no intention of 3 selling the cottage. I would like to live there year round for the rest of my days. That's why I 4 have a five foot hallway, because I'm planning on being there -- hopefully not -- but maybe in a 5 wheelchair. I need access and room on the first floor. If I take five feet off, I lose that back 6 bedroom. I would have 20 feet, less than 20 feet, I believe for a living room/dining room, and 7 that's not much space at all for a living room/dining room combination. It would just not 8 be feasible. I would have to go out front onto my deck, which I believe I could do, but then I would 9 block Olsen's view of the water and Suter's view of the water, which I don't want to do. I thought 10 we've always gotten along. Like Gary said, we've been friends, we've accommodated each other along 11 the years. And I was hoping that this wasn't going to be the problem that it's turned out to 12 be. I wish you luck in making this decision, I 13 know it's not an easy one. Thank you. CHAIRWOMAN OLIVA: Is there anyone else 14 that wishes to comment on this application? Anything else from the Board members? 15 BOARD MEMBER GOEHRINGER: No. CHAIRWOMAN OLIVA: If not, I'll make a 16 motion to close the hearing and reserve decision until later. 17 (See minutes for resolution. ) 18 CHAIRWOMAN OLIVA: Our next hearing is the re-hearing on the Bollman property on Truman's 19 Path in East Marion. Mr. Arnoff, are you representing the 20 Bollmans? MR. ARNOFF: I am, Mrs. Oliva. Harvey 21 Arnoff, 206 Roanoke Avenue, Riverhead, New York, good afternoon. 22 I'm somewhat perplexed and it's a scheduling thing which I think is more form than 23 substance, considering the hour. But it would appear to me that before the Board should act or 24 consider acting on the possibility of a re-hearing, it should make a determination in 25 regard to Miss Gould's application which the time for that has already passed since it was scheduled October 20, 2005 98 1 2 for 2 :50. It would seem to me that the issues presented by her per her application here to 3 revoke the determination of the Building Department might impact upon this Board's ultimate 4 determination as to whether to even grant a re-hearing and what to do with a re-hearing. I 5 question that -- I didn't call because it's really none of my business, but when I saw the scheduling 6 by the Board and the timing of these two hearings, I thought they were inverted, and I think we're 7 putting the cart before the horse. So I would ask the Board if it would consider hearing the second 8 hearing first and then utilizing that information to go forward. Because otherwise, I think, 9 they're all going to kind of blend together in some kind of an uncontrollable mish-mosh. They're 10 going to all spill over, and we can focus our attention, if you will, on each part of this by 11 doing it in that manner. BOARD MEMBER GOEHRINGER: I don't have any 12 objection to that: CHAIRWOMAN OLIVA: I would like to get a 13 legal opinion on that. Yes, Mr. Bressler? MR. BRESSLER: May it please the Board, my 14 name is Eric Bressler, of Wickham, Bressler, Gordon and Geasa, Mattituck, New York representing 15 Jennifer Gould. It seems to me in response to Mr. Arnoff's 16 comments, that the actions of the Board were quite clear, quite rational and that there is no bar to 17 this Board having granted or voted to have a re-hearing proceed with a re-hearing. I don't 18 believe there's going to be any mish-mosh one way or another. I think that easily any perceived 19 mish-mosh can be easily remedied by dealing with whatever evidence is brought in by this hearing be 20 incorporated by reference into the second hearing or vice versa. Or the Board could open the matter 21 up to take testimony and argument with the understanding that what's said is germane and 22 admitted into both hearings. I don't see the point in duplicating everything we're going do and 23 it seems to me that the applicant ought to go forward, make its case, and the Board can rule as 24 to the admissibility of everything that's said, and we'll deal with the issues before the Board. 25 That's my suggestion as to how the Board ought to proceed in the interest of economy given the October 20, 2005 99 1 2 hour. MR. ARNOFF: In order to grant a 3 re-hearing, there must be new evidence or a reason for the Board -- and additionally, I must point 4 out, the statute gives this Board the power to direct this hearing, but at the same time you must 5 find that you did not by your earlier determination vest certain rights in people, 6 meaning the Bollmans, and that they acted in good faith in reliance of it. We had an application, I 7 believe, the initial application was to demolish a house and the Board gave permission to do that. 8 It's gone. So we're having a re-hearing on whether we can demolish a house that isn't there. 9 I'm not entirely sure what we're doing here and that was going to be another question I had for ° 10 this Board, I'm not sure why we're here. I'm prepared to go forward, but I'm not sure that we 11 just say on a re-hearing we rest on the record; you have our testimony, you have all the evidence, 12 you have everything; there's nothing new except for this problem with the foundation. 13 , CHAIRWOMAN OLIVA: That's why you're here, not because of the building being demolished 14 but because of the foundation. MR. ARNOFF: That's correct. So the issue 15 then is: Are we not here on a very narrow issue of the foundation, or are we opening up the whole 16 panoply of side yard, front yard, all of the rest that goes because that's what we need the 17 direction of this Board to do because this could turn into a whole de novo proceeding, and I'm not 18 sure that that's what this Board wants to do. I don't think that the Board can make that ultimate 19 determination until it gets to the second hearing, that being Miss Gould's application to annul the 20 determination of the Building Inspector. That's what my point is. 21 MR. BRESSLER: Ma'am Chairwoman, the Town law is extremely clear in Section 267 (a) 12, it 22 authorizes the re-hearing of a matter upon the unanimous vote of all the members of the Board 23 present. That's what it says. Now, independent of that authority, the Board may also grant a 24 re-hearing if new facts and circumstances are shown. So, with due respect, Mr. Arnoff is wrong 25 on the law. The Board voted to have a re-hearing, we're going to have a re-hearing. And October 20, 2005 100 1 2 respectfully, if Mr. Arnoff chooses to rest on his record that he made, and he chooses to incorporate 3 that into the new hearing and the Board so allows him, that's his decision, and he can move forward. 4 But the Board has voted to have a re-hearing. It's clear under the law they have the authority. 5 Let's have a re-hearing and whatever evidence he wants to put in, he'll put in and I'll respond to 6 whatever it is that I think needs response. And let's go before we all start getting hungry. 7 CHAIRWOMAN OLIVA: Kieran? BOARD MEMBER DINIZIO: Can I ask a 8 question? ASST. TOWN ATTY. CORCORAN: The Board can 9 do whatever it wants. They're both validly noticed hearings. 10 CHAIRWOMAN OLIVA: What does the Board wish to do? 11 BOARD MEMBER ORLANDO: Proceed with the hearing. 12 BOARD MEMBER GOEHRINGER: Let's go. BOARD MEMBER DINIZIO: Clarification for 13 me. If I could ask Eric a question, as I'm reading the first application, which is pertaining 14 to Mr. Arnoff, we made a decision based on certain facts presented to us at a hearing, and I'm not 15 quite sure how procedure goes, but we feel perhaps that that particular decision wasn't followed due 16 to the evidence that was presented to us before. Now, we have new evidence; that new evidence is 17 the actual, physical new foundation that's there. Am I -- 18 BOARD MEMBER GOEHRINGER: The footings. MR. BRESSLER: The fact that the old 19 foundation then became certified as unusable, a footing went in and then this Board stopped. Now 20 you have new facts, that's correct. BOARD MEMBER DINIZIO: I went through the 21 minutes. I went through the minutes, and I have here, and I want to know if this is the crux of 22 everything. "Mr. Orlando: Is the foundation structural? Mr. Bertani: Yes, it is. We are 23 going to do very little work to it. " That would be the basis for opening this new hearing. 24 MR. BRESSLER: So therefore, a re-hearing is called for, an examination of the facts is 25 called for, and while Mr. Arnoff may be technically correct that with respect to the October 20, 2005 101 1 2 demolition what's done is done, he is incorrect with respect to the fact that the rest of what is 3 going to be done remains within this Board's jurisdiction. And that's the issue. And I think 4 this Board needs to hear the whys and wherefores • and how this happened in determining what kind of 5 relief its going to grant. BOARD MEMBER SIMON: I think maybe I could 6 sort this out. At the time of the last hearing, the approval was given under the implicit 7 assumption -- it's not so implicit, it's actually stated in there that they were not going to be 8 ' able to use the old foundation -- BOARD MEMBER DINIZIO: They were going to 9 be able to. BOARD MEMBER SIMON: They were going to be 10 able to use the old foundation, and it turns out that that assumption is false. It turned out to be 11 false. Maybe nobody could have known at the time it was false, but it was false. The reason for 12 reconsidering this whole business has nothing to do with the fact that the demolition occurred 13 before the defectiveness in the foundation occurred, it had to do with this is a very 14 important relevant new fact which said we should reconsider what we decided in the light of this 15 one new fact. What that means procedurally, I don't know. But it's pretty clear to me what the 16 substantive issues are here. BOARD SECY. KOWALSKI: There were two 17 reasons. And the other reason was because the foundation was removed, Board members went down 18 and saw that it was removed, so circumstances changed. 19 CHAIRWOMAN OLIVA: You just have footings there and no foundations. 20 BOARD MEMBER DINIZIO: We need to then figure out how that happened. 21 MR. ARNOFF: I agree. BOARD MEMBER DINIZIO: I think that the 22 owners have the opportunity to present to us information that draws a picture for us, whatever 23 it is, of how that footing got there. ASST. TOWN ATTY. CORCORAN: For clarity's 24 sake, we have two hearings. While the standards might be slightly different for them, the facts 25 are essentially the same. We're going to hear both hearings. Let's just start and let's have October 20, 2005 102 1 2 the Board hear who they want to hear first. MR. BRESSLER: And I am going to ask that 3 whatever be done in the first hearing be incorporated by reference in the second hearing. 4 ASST. TOWN ATTY. CORCORAN: I would assume so. 5 MR. BRESSLER: And hope that no more than that is necessary and let the Board issue its 6 determinations. I don't intend to re-up everything, doesn't make any sense. 7 MR. ARNOFF: I don't have a problem with that, but my question is: Are we going into the 8 side yard variances? Are we going into the height variances, which this Board gave? Are we 9 addressing all those issues de novo? ASST. TOWN ATTY. CORCORAN: If the Board 10 wishes to hear them. MR. ARNOFF: Unless we know that, we can't 11 address it. That's my point. In other words, are we addressing -- I'm here to address whatever this 12 Board wants me to address. The issue then becomes one, as Mr. Dinizio said, are we dealing with the 13 foundation and the history of what happened to the foundation and that alone -- at least for the time 14 being -- that's fine BOARD SECY. KOWALSKI: That's Part 1. 15 CHAIRWOMAN OLIVA: Let's start with that. MR. BRESSLER: And the consequences that 16 flow from that, so make your case. MR. ARNOFF: I will do what the Board 17 directs me to do, not what Mr. Bressler directs me to do, most respectfully. 18 At this particular point, I think considering the comments that have been made, I 19 think it would be best if I were to call on Mr. Bertani, the general contractor, to give the 20 Board the history of how and why this all happened. John. 21 MR. BERTANI: Good afternoon, my name is John Bertani. Basically we came, I believe, in 22 March and we started the process of asking for variances to reconstruct Mr. and Mrs. Bollman's 23 house. We met with the Board, made some suggestions to us, we tried to maintain the 24 foundation, that was our original thoughts to keep the front portion and the right side, which would 25 be I guess the east side of the foundation, we were altering the rear for an addition and also to October 20, 2005 103 1 2 get access to the basement which was there. It had what was called a "Dutch wall, " and that's 3 where the equipment for the house was going to go. We adjusted the house. Miss Gould came and made 4 some suggestions. We worked with her. We lowered the house to 27 feet, the maximum height on the 5 ridge, and that's the highest ridge, there's other ones that are much lower. We brought in the east 6 side of the house, back to get more of a variance -- less of a variance I should say, on 7 the east side of the house. And we did receive the permit for that, the Board's variance for 8 that, for the front yard we received a variance and I believe lot coverage variance. So we 9 proceeded to demolish the house once we got the permits. We went forward with that, and when we 10 got to the point of when we took down the wooden structure, we started just by going along the side 11 of the foundation, it started to buckle and cave in. The foundation was found to be substandard. 12 We did not know it at the time because the house was completely surrounded by bushes and everything 13 else, and it was never, ever really tested to see if it was structurally sound. We were just 14 following the plans prepared by Penny Lumber and it was stamped by the engineer for them, which was 15 based on the structural part of the house and the foundation, I guess the new foundation that he was 16 stamping basically that it was structurally okay. We then went, we saw this problem, I went to the 17 Building Department. I asked what should I do, what procedure should I follow. They looked at 18 it, they said they had no problem with us replacing the foundation that was there, and then 19 they said we should check with the Trustees. They actually checked with the Trustees. The Trustees 20 said it was no problem because they gave the permit based on the actual footprint of the house. 21 Well, it was nonjurisdiction for the wetlands because of the height of the bluff, then I believe 22 Pat from the Building Department went to the ZBA office and asked Linda or she said a secretary. 23 BOARD SECY. KOWALSKI: No. I was off that day. 24 MR. BERTANI: The secretary contacted Miss Oliva and asked if we could go ahead and proceed 25 with the demolition of the foundation. CHAIRWOMAN OLIVA: Supposedly the October 20, 2005 104 1 2 conversation was that they wished to replace a piece of the foundation or a section of the 3 foundation that was crumbling. My response was that you could replace it in-kind/in-place, not to 4 go further, just in-kind/in-place. MR. BERTANI: We did not go any further as 5 far as the footprint of the house. It's actually less of a footprint than what was there 6 originally. And I was not told that; I was told that we could remove the foundation and replace it 7 exactly in the same spot, that's what I was told. I did not see any paperwork. So we stopped. I 8 waited for a surveyor for over a week to stake out the location of the existing house, and we 9 followed that right to the letter, and we also have proof of that which we gave the Board. It's 10 exactly in the same place it was before. It's no further towards the water, towards Miss Gould's 11 property or Mr. Peretz's property, it's actually less. And the one corner in the front, they said 12 something about the coastal erosion line, we're back actually four and a half feet from that with 13 the corner of the footing if you looked in the back on Mr. Peretz's side of the property. So I 14 just don't understand the reason. Basically we did go, down, it's no doubt about that. We removed 15 it and we wanted to replace it because it was structurally insufficient to hold a new house. 16 Well, the reason it was structurally insufficient was it was less than three feet for the frost 17 line. We only had approximately 24 inches in certain areas. It was all varied throughout the 18 foundation, different heights and so on. I guess the original house they •must have dug under it by 19 hand and slid in block where they could. And the Dutch wall in the center was done at a later 20 date. There are some pictures. I don't know if you're interested. 21 CHAIRWOMAN OLIVA: Sure, we like pictures. So in other words, Mr. Bertani, once 22 you started to work on this foundation you found out that not just a piece was crumbling, but just 23 most all of it was not done properly. MR. BERTANI: Right. It just wasn't done 24 adequately. And believe me, if we could have left the front and side, we would have done it. We 25 weren't looking to cause any problems for anyone in the neighborhood or anything like that. I October 20, 2005 5 ' 105 1 2 thought we tried to work with the neighbors as best we could and also end up with something -- 3 BOARD MEMBER ORLANDO: And I don't believe anybody up here is disputing whether the 4 foundation was or wasn't -- the integrity. It's just that the previous hearing that we deliberated 5 so intently with Miss Gould and everyone we were basing it on leaving the foundation in place, so 6 we had to work around those boundaries. And once we found out that that wasn't part of the equation 7 anymore, that changes the whole game, and the job went out of scope, which happens in the 8 construction field. So we want to review it again because now it's a new ballgame. We're up to bat 9 again, it's the first inning, so now we can move things, we can change things. 10 MR. BERTANI: The other thing we have to know also is like we stated before that maybe is 11 in the record also is that the septic system, the water line, everything else is in the back of the 12 house. You're not going to be able to put that on the water side of the house; there's very little 13 land there, and I don't think the Health Department would really want that because it would 14 probably blow the bank out. Basically, we have no place to go with it. 15 BOARD MEMBER ORLANDO: You installed new septic systems already? 16 MR. BERTANI: No. I'm saying we have to. there's an old one there we have to abandon. 17 BOARD MEMBER ORLANDO: You have to bring it up to code? 18 MR. BERTANI: Right. CHAIRWOMAN OLIVA: But you're saying you 19 have to put that between the house and the garage? MR. BERTANI: Right. And we also have to 20 bring the water line in, have that 10 foot separation. 21 CHAIRWOMAN OLIVA: Does the garage have any bathroom in it? 22 MR. BERTANI: Yes, it does, but that goes into the existing system which is in that area. 23 BOARD MEMBER GOEHRINGER: Can I ask a question of Mr. Bertani? 24 CHAIRWOMAN OLIVA: Sure. MR. BERTANI: Yes. 25 BOARD MEMBER GOEHRINGER: Mr. Bertani, apart from this situation that you were referring October 20, 2005 / 1 f 106 1 2 to where they go in and dig out the walls, you know where you had some -- I'll refer to them as 3 knee walls, the outside walls, and they go in and put an internal foundation around the existing 4 outside walls, is there any difference between that footing that exists today, that I looked at, 5 and the outside walls as they existed if I was in the basement of the house? In other words, . those 6 outside walls which included the square apart from the addition you were putting on the back, are 7 those outside walls, meaning the furthest outside walls, any difference on that footing as they 8 exist today? Are they in the same place as I'm turning? 9 MR. BERTANI: Yes, they are, but we did take the corner in off Mr. Peretz's, that would be 10 the west, southwest -- southeast corner, I'm sorry. 11 BOARD MEMBER GOEHRINGER: Did you move it in or move it out? 12 MR. BERTANI: In. BOARD MEMBER GOEHRINGER: How far did you 13 _ move it in? MR. BERTANI: Four foot four inches. Any 14 other questions? CHAIRWOMAN OLIVA: Jim, do you have any 15 other questions of Mr. Bertani? BOARD MEMBER DINIZIO: No, looks like you 16 have a prettyrdeep cellar to begin with. MR. BERTANI: Yes. It was the full height 17 from the center. They dug it out in the inside to provide for the heating equipment. We were making 18 access on the addition side so we could get to that because there was no interior access to that. 19 Then that's where, from that forward we were going to keep, and that's the part that we found when we 20 started to do it, that wall 'was fine if we could have kept the front. We didn't look forward to 21 doing this. BOARD MEMBER DINIZIO: What did you do? 22 You took the whole thing out? MR. BERTANI: Yes. 23 BOARD MEMBER DINIZIO: You could have just put three feet down? 24 MR. BERTANI: We could have went down four feet down in the front. We just decided while we 25 were doing it, we'd get some more space, it's not a very big place, figured we could use it for more October 20, 2005 f 107 1 2 storage. MR. ARNOFF: Miss Oliva, if I may, I have 3 the original survey that is referenced, which is updated August 29th, I believe the Board may have 4 this. BOARD SECY. KOWALSKI: We don't have the 5 one showing where the footings are. Was there another survey done for the footings? 6 MR. VERITY: That's the same survey that's on here. 7 BOARD SECY. KOWALSKI: There were new footings put in after that, right? 8 MR. VERITY: That's the same survey. BOARD MEMBER ORLANDO: So this building's 9 locked in stone. It cannot be moved one foot either way? 10 MR. BERTANI: Well, the footings are already in. 11 BOARD MEMBER ORLANDO,: Say the footings aren't there. 12 MR. BERTANI: Where can we go? We already have a variance for the front, we have six feet I 13 believe at the widest and then 5.9 on the west. We have 12. 6 I believe on the east. I don't know 14 where else we could go. If we try to come back, we have the septic system, the water lines. 15 BOARD SECY. KOWALSKI: Harvey, the Chairwoman had a question. 16 CHAIRWOMAN OLIVA: Where are the footings on this survey? 17 MR. BERTANI: (Marking. ) MR. ARNOFF: Miss Oliva, I would ask the 18 Board to take notice and to deem admitted before the Board as evidence the correspondence you 19 received from Mr. Durkowski with regard to the foundation. I believe there's a letter in the 20 file indicating it is structurally unsafe and unsound to proceed. With that, I would also ask 21 that there are letters which have been sent to the Trustees and from the Trustees back and forth to 22 this Board, I would ask that they be incorporated as well into the record. 23 I would ask that the Board also take notice of all the testimony that it had before it 24 in the prior hearings in this matter and deem them admitted for purposes in this hearing as well, 25 rather than have to induce additional testimony of the exact same nature. October 20, 2005 t % _ F, 108 1 2 CHAIRWOMAN OLIVA: Yes, why not. BOARD SECY. KOWALSKI: Is it only the 3 testimony from the prior record that you want entered or the entire file? 4 MR. ARNOFF: Entire file. I have some more comments but I would like to reserve them for 5 the conclusion, if I may. Nothing further at this time. 6 BOARD MEMBER ORLANDO: Is there anyone else that would like to speak for or against this 7 application? MR. BRESSLER: Please. The Board finds 8 itself in an interesting position this afternoon. At the prior hearing it was represented to the 9 Board that essentially the reason why this nonconformity had to be continued was because it 10 would be a great hardship to put another foundation in. That was the reason; that was the 11 stated reason, and it turned out, as noted earlier, that that just wasn't so. And you'll 12 hear testimony today from our experts as to why that never should have been the case, and this 13 Board can reach its own conclusion as to what the real reasons were and what the whys and wherefores 14 were surrounding how it came to be that a foundation was stamped concededly never tested or 15 looked at, and all of a sudden within a week and a half of the plans coming in, it was suddenly 16 determined that the foundation, contrary to the representation, wasn't any good. That that was a 17 departure from accepted engineering standards I think it will be seen is beyond question. Whether 18 it's something other and further than that I think is something for the Board to decide. 19 So now the Board finds itself in the position of having to ask the question, 20 essentially de novo, is this the place where the Board is going to approve a house? Is this the 21 only place that a house can be logically put on this lot? Is there any way that a house can be 22 put on this lot that is conforming? And we think the answer to that is yes. Are there any other 23 ways in which to handle the septic, such that a conforming house can be put on this lot? The 24 answer to that question is yes. So plainly the answer to the ultimate question, which is can the 25 applicant achieve what he is seeking by some other means less intrusive, the answer is yes. The October 20, 2005 109 1 2 Board must also take into account whether, in considering this application, it is going to 3 essentially turn this property into a two residence property. The Board has before it the 4 testimony from the last hearing now, which makes it plain that the applicant was living in modified 5 space for three and a half years, now even longer than that. That's a residence. The Board will 6 also hear testimony concerning the fact that this other residence is also nonconforming and not 7 built in accordance with permit. So basically, what the Board has to ask 8 itself is whether or not it's going to permit this property to be converted into a property with two 9 residences, each of which are nonconforming when it doesn't have to be so. That's really the 10 question for determination here today. Now, the second hearing draws off the 11 facts in the first hearing. And what we're asking for there is obviously that the building permit 12 that was issued pursuant to the prior decision of this Board be set aside, and that any building 13 permit that be issued, be issued in accordance with what this Board decides today in the 14 re-hearing with respect to what it's going to permit to allow on this piece of property. 15 That having been said, I think that that's adequate for the time being and I think I'd ask 16 Miss Gould to step up and proceed with her presentation of the facts concerning the 17 neighborhood, this particular property, what is on the property. And after that, I'd ask our 18 engineer Mr. O'Brien to get up and address several issues, the first of which is what is the 19 appropriate manner in which to handle foundational issues such as this. Were those steps followed 20 here; can the septic be placed in other places, and most importantly, were the steps or I should 21 say the non-steps taken by the applicant with respect to the whole in compliance with the law 22 and regulation. That being said, Miss Gould. MS. GOULD: Jennifer Gould. I gave Mr. 23 Arnoff a print which I'm now going to hand into the Board but I also wanted to put in some 24 pictures. The first two pictures are the eight by 10's of the front and the back of the accessory 25 building residence. The second set of pictures is 33 photos of the Bollman excavation. They're all October 20, 2005 110 1 2 dated on the reverse and numbered between 8/3/2005 and 8/25/2005, 14 photos dated and numbered of the 3 Bollman excavation between 9/4 and 9/28/2005, and the most recent photos, five photos taken October 4 12th and 13th of 2005 showing the storm damage along the Gould home and property line. And I ask 5 that all these pictures and the 34 pictures that I submitted on March 31st be put in for both 6 appeals, Number 5680, which is the Bollman appeal, and 5781, which is my subsequent appeal. I also 7 have an original and five copies. MR. BRESSLER: I would like to make clear, 8 Mr. Arnoff has just reminded me that it's the understanding of both parties here that everything 9 that happened in the prior appeal is made part of this appeal the companion appeal, both appeals. 10 So we need not double this up or burden the record with repeating those statements; is that correct, 11 Madam Chairman? CHAIRWOMAN OLIVA: Yes. 12 MR. ARNOFF: We would like an opportunity to review those photographs. 13 MS. GOULD: I can email them all to you. MR. ARNOFF: Before we finish today? 14 MS. GOULD: What I've given Mr. Arnoff and what I'm now giving the Board is the Bollman 15 survey with a proposed building envelope, a copy of the Peretz survey, a copy of the Gould survey, 16 a copy of John C. Ehlers Land Surveyors certification, September 23, 2005, showing that 17 the peak of the Bollman accessory building is 25 feet, and I've also copied the building permit CO 18 file for the Bollman accessory building. So that's the original and this is five copies. 19 I think it's already done, but I would just like the record to reflect that the neighbor 20 on the eastern side of the Bollman property, that's Jessie Peretz wrote a letter in opposition 21 to the granting of the variances and that his letter be entered into the record. 22 I'm going to try to not repeat myself at all from the first hearing. I want to review the 23 overview from Truman's Path, people who drive down Truman's Path and whose houses are on Truman's 24 Path. There are 21 dwellings by my accounts, two vacant lots and the vast majority of these homes 25 are one-story bungalows or one and a half story bungalows. When we get down to the subject October 20, 2005 I 111 1 2 property, we have the Bollman lot, a 50 foot lot in the center. I 'm to the west. I have a 40 foot 3 lot. My dwelling is 21 feet wide and my accessory is 256 feet, for a total of 1, 526 square feet. My 4 side yard on the Bollman side, so my eastern side yard, is 12.2 feet. It conforms to the side yard 5 setback requirements of the code. My overall yard doesn't, 40 feet wide, but on his side it 6 conforms. Then you go to the Peretz property. The Peretz lot is to the east of the Bollmans. 7 It's 50 feet wide. It's recently been renovated. It's 20.2 feet wide. It's a two-story dwelling 8 with 2, 000 square feet of living space, three bedrooms, three full baths. Both of the Peretz 9 side yards, if you look at the surveys, conform. He has a total of 27. 6 feet of side yard 10 and there is only one house on all of Truman's Path that is bigger than the Peretz house and that 11 would be the house formerly owned by Parino, which is at 31-12-16, by reviewing the Building r 12 Department file. It's an old file, 1987, the house appears to be 3, 000 square feet. It 13 received a variance from the Board for its setbacks from the lake and some side yard 14 setbacks, but the problem with the Peretz house is that it's an illegal two family and that's 15 documented in the Building Department file, and there's correspondence between Frank Yakaboski and 16 Victor Lasard, saying no, you have to make them take the second kitchen out on the second floor. 17 It can only be a one-family dwelling, and that's just that one house. 18 So the point of me giving you this copy of the Bollman survey, there is a reasonable 19 alternative, now that the front cottage is totally demolished, of putting the house in a building 20 envelope which conforms to the code. What I have sketched in there in yellow is the front of the 21 envelope is 75 feet back from the bulkhead, that's from the beach bulkhead. You look at . 22 correspondence from the Trustees they measure the bulkhead from the top of the bulkhead because he 23 cut into his bluff and has a triple bulkhead now. So they're measuring from the top of the bulkhead. 24 I measured from the beach going back 75 feet. The side yards I've made 10 on the Peretz side and 15 25 on mine. Obviously, you can move that envelope either way as long as you can keep a minimum side October 20, 2005 112 1 2 yard of 25 feet. The rear yard, which is the driveway to Truman's Path, is a 35 foot setback. 3 Now, as Mr. Bressler said before, the septic system, the whole septic system, is going 4 to be moved. It can be moved to the side yard along my property. It can also be moved to the 5 proposed driveway area. Might have to get a variance for a cover from the Health Department, 6 but it is do-able. It can be done. Will move the septic around and I guess it has to be 10 feet 7 from my water line, but there appears to be sufficient room there. 8 As you can see, it says two-story frame garage, that's the only building that is now on 9 the Bollman property. That building is 21.3 feet wide. That's wider than my house, and it's wider 10 than the neighbor's house. According to their surveyor's calculations, the total square footage 11 of this second-story building is 1, 507. I told you that I counted with my outbuilding mine was 12 1, 526, so the total square footage right now is 1, 507 on this Bollman accessory building. 13 BOARD MEMBER GOEHRINGER: Miss Gould, when you were referring to the square footage of your 14 house, were you taking the second story in? MS. GOULD: Yes, I was. 15 BOARD MEMBER GOEHRINGER: You said the total square footage of your house? 16 MS. GOULD: I'm sorry. We have a one and a half story. The second floor is 493.5 feet, the 17 bottom is 777. BOARD MEMBER GOEHRINGER: Thank you. 18 MS. GOULD: The dwelling itself, first and second floor is 1,270, the outbuilding 256. 19 If you go back to the Bollman application, what they're asking for, they're asking for 20 setbacks from the beach, side yards and total square footage. If they put it inside here, they 21 don't need most of those variances. The only - variance they would need if they incorporated the 22 accessory building into a house structure, just made it larger, would be a setback variance on the 23 Peretz side because that building is as close as 5.8 -- actually it's as close as 3.5 and as far 24 away as 5.8. They will need a minor setback variance along there, and then could jog the 25 structure more to the center of the property. It's a design issue, but it can be October 20, 2005 113 1 2 done. It's not impossible. They may not want to do it, but that's not the legal standard here. 3 The issue is whether there's a reasonable alternative. 4 Now, this building, this garage in the packet, I've given you prior Bollman surveys and 5 you'll see that this two-story accessory building with a brand new building, the permit was 1997. 6 On the older surveys you'll see that there was a ramshackle shed that was there before. So they 7 knocked that down, and they put this up. So as far as I'm concerned, it's a self-created 8 hardship. It's in the middle of their building envelope, but it's certainly do-able they can have 9 a 3, 000 square foot house if they incorporate this building into it. It's 250 percent bigger than my 10 house, 50 percent bigger than the Peretz house, and bigger than any other house in the whole 11 neighborhood, but it would only be one house. I've given you other documentation in this 12 packet because I've always been concerned about the height of this accessory structure. I've 13 always felt there was something wrong, it was too high. So I had a surveyor come out and survey it 14 for me, and as you can see, it's 25 feet at the peak. Now our code, we discussed this at the last 15 hearing, it has a rather bizarre way of calculating what the height of the accessory 16 building should be, but I recall Mr. Goehringer saying it could be 22 feet. And I understand now 17 how you get that because you take the eve is at 14, the peak is at 22, you added the two together, 18that's 36, you divide it by 2 to get the mean height, and that's your 18 foot accessory 19 building. The only problem here is that the eve of the Bollman building is not at 11 feet because 20 that's the only way you could get an accessory building height of 25 feet. If you take the peak 21 at 25 and the eve at 11. If you look at the picture, the eve is about 14 feet. I didn't have 22 a surveyor do it, but from the eye it's about halfway up the building. That's the first issue 23 and a reason also to bring the accessory building, incorporate it into the new house so you don't 24 have to get the variance for the height of a building, for an accessory building being 25 feet 25 high. The second thing I discovered going October 20, 2005 I L i 114 1 2 through the Building Department file and also looking at this survey, the minimum side yard 3 setback requirement on all structures, whether they are accessory or the main dwelling is 4 supposed to be 25 feet. This was a new building. This is supposed to conform to code, but this deck 5 went on. It's not included in the CO, and it makes the total side yards 21.2 feet. So it needs , 6 a variance for the deck that surrounds it. That's not part of the CO. You have the whole file there 7 for the CO. It has plans that were drafted in 1977, there's no deck on it. The plans were then 8 stamped four years later by Warren Sandback who said they were okay. There's no height on those 9 plans. You've got the road sheet in there, you've got the application, you've got the CO, and 10 nowhere does it say that that deck is included on the CO. So it seems to make sense to me to take 11 the deck off and extend the building out, then put that deck back on, wrap it on the front of 12 whatever new building you have. It can't stay on the accessory building as it is. The steps up to 13 that second floor also make the side yards nonconforming by about two feet. 14 Now as to the use of the property, as I understand it -- my husband and I have owned the 15 property for 19 years. Ever since we've lived there, the building that is now gone, the cottage, 16 was a summer rental. For the first few years we lived there it was a summer rental and then a year 17 round tenant went in and he told me a week ago, this is Robert Christianson, he left in 1995, so 18 since 1995, 10 years ago, that building has been abandoned; there was never any real maintenance 19 done to it, which is maybe why it's in the poor condition that it was in. It was always an 20 eyesore in the neighborhood, and once the CO was issued on the accessory building, and if you look 21 at that Building Department file, you'll see he had to put an affidavit of why there had to be 22 heat in this thing, a full-blown heating system. Mr. Bollman has lived there since the spring of 23 2002. So while he got a CO for an accessory building, his use of the property has not been 24 incidental or subordinate to the principal use of the property, the principal use of the property 25 was the accessory building itself. So this wasn't a temporary thing where he moved out of the October 20, 2005 115 1 2 cottage into the accessory building. He never lived in the cottage, he's only lived in this 3 accessory building, which makes it a principal residence as far as I'm concerned. So that's why 4 I'm asking, if they want to expand, expand this building rather than building a second dwelling. 5 If you look at the pictures in the record since the beginning of March, and I know you've 6 all been out there too, as Mr. Bressler said, the record has been incorporated, there was already an 7 admission that he lived there. He made the admission that he lived there. I don't think it 8 was quite clear how long he lived there, but I'm telling you it was three and a half years full 9 time. It's got cable, it's got satellite, it's got the barbecue. The whole thing is air 10 conditioned. It's got this generator that goes on once a day, it's auxiliary powered. It might not 11 be a big house, but it's certainly something you can live in, and if there's another separate 12 building, the way I see it, it's two houses, and there's nothing like it in the neighborhood. Show 13 me something in the neighborhood that's similar to this where you have an accessory building or 14 something that's called an accessory building which is as big or bigger than every other house 15 in the neighborhood. And it's just not in keeping with the neighborhood, and that's why I ask that 16 the Board consider making him do something in this yellow footprint. Thank you. 17 CHAIRWOMAN OLIVA: Does anybody have any questions of Miss Gould? Jim, Mike, Jerry? 18 BOARD MEMBER GOEHRINGER: The only thing I want to say is if it has a CO for an accessory 19 structure, I don't care if it's an elephant, it may be used for a primary residence for a person, 20 be it the person that is the fee owner of the property, Miss Gould, but it is still in the guise 21 of this town as being an accessory building. As you know, there are a lot of people in this town 22 that live in accessory buildings, that is legally or illegally, most of them illegally. So I'm 23 telling you that you're absolutely correct in saying that if somebody's living there, because if 24 you live there you can see people entering and exiting the property, but I'm telling you it can't 25 be a primary structure because it doesn't have a CO for a primary structure. October 20, 2005 Y 116 1 2 MS. GOULD: What I'm suggesting is that the accessory building, which does not conform to 3 code requirements, because of its height and the deck, be expanded into a full-blown residence. 4 BOARD MEMBER GOEHRINGER: We understand what you're saying. I'm also saying to you if it 5 has a CO, it was incumbent upon whomever granted the CO to deal with that aspect of the height. 6 Secondly, the height of that roof is somewhat higher than the average normal roof that I was 7 referring to when I was referring to that mean of 22 feet, meaning 22 feet to the ridge. This is a 8 very steep roof line, that may have been the reason why the building inspector dealt with it at 9 the time as being conforming in reference to height. That is one of the reasons why the Town 10 Board in their inimitable wisdom have been dealing with the aspect of a pyramid law, because when you 11 use steep roof lines, and it was explained to me in code committee, that you can go as high as 57 12 feet with our present code, and that's the concern we all have, had; that's the concern I have had on 13 this Board and everybody has had in reference to stretching that 35 feet all the way up based upon 14 Victorian Tudor-style roofs. I'm just mentioning it to you. 15 MS. GOULD: If you look to the file, you'll see that there are no measurements for what 16 it was. BOARD MEMBER GOEHRINGER: I understand but 17 there was still a CO granted on the building. MS. GOULD: I understand. But what I am 18 suggesting is the applicant is here asking for four substantial variances, and I believe you 19 should take notice of the fact of what is on the property before you decide to grant those 20 variances; -that's my point, okay. Thank you. MR. BRESSLER: Before I ask Mr. O'Brien to 21 come up in here, I'd just like to respond briefly, Mr. Goehringer, to your comment that because there 22 is a CO for an accessory building in the eyes of the Town, it is an accessory building 23 notwithstanding what people are doing. In one sense that may be so, but I think Miss Gould put 24 her finger on it when she said when an applicant comes before this Board and asks for a variance 25 relief, then all the facts and circumstances surrounding the property are in play, and if it is October 20, 2005 117 1 2 established before this Board that notwithstanding the CO that was granted there, the use of the 3 property is for something different, then this Board can take that into account in 4 determining whether or not it's going to grant a variance, and I think that was Miss Gould's 5 point. BOARD MEMBER GOEHRINGER: I understand. 6 But why wasn't that issue brought up at the time of the original hearing? 7 MR. BRESSLER: I can't speak to why it was or why it wasn't except to note that the fact that 8 the applicant had been living there for three and r a half years is plainly on the record. Now it may 9 not have been explained as clearly or forcefully as it has been today, but I do know in reviewing 10 the record that that was in there. So I wouldn't say that it wasn't brought up. 11 BOARD MEMBER GOEHRINGER: The question I have is do the Bollmans own any other property in 12 the town of Southold that reflects a one-family dwelling? 13 MR. BRESSLER: When someone comes before this Board notwithstanding what we all know goes 14 on around town, but when someone comes before this Board and subjects themselves to your discretion 15 in determining what you're going to grant, they lay bare before you whatever it is that's going on 16 on the property, and I don't think that the Board has to say, well, okay, there is a CO for an 17 accessory building, so therefore we're not going to look at it, that's the only point. 18 So that being said, I'd like Mr. O'Brien to address the engineering issues. 19 BOARD MEMBER GOEHRINGER: I just want to say this, okay, I see in this room three officers 20 of the court; one here, one there and one there (indicating) . You're representing Miss Gould. 21 Miss Gould is telling me that this building is being used as a habitable structure regardless of 22 what the CO is on it. Now I can assume that since she is an officer of the court, she is telling me 23 that someone, ,meaning you don't have to swear to a specific issue, that someone is using this 24 building 24/7 for a habitable structure; is that correct? 25 MR. BRESSLER: The applicant has conceded it, yes. In the last hearing the applicant has October 20, 2005 118 1 2 conceded they've been living there for three and a half years. 3 BOARD MEMBER ORLANDO: She did concede it. MR. BRESSLER: Those words are in the 4 record. BOARD MEMBER GOEHRINGER: The question I 5 have is do the Bollmans own -another piece of property or other properties in the town of 6 Southold? CHAIRWOMAN OLIVA: That has nothing to do 7 with it, Jerry. BOARD MEMBER DINIZIO: It has nothing to 8 do with it. BOARD MEMBER GOEHRINGER: It has 9 everything to do with it; how do you know they're living there? 10 MR. BRESSLER: She lives next door and has been inside. She has so testified. 11 BOARD MEMBER DINIZIO: Just to elucidate on Jerry's comment a little more, because I think 12 it's a little backwards. I'm wondering how the building inspector goes on this piece of property 13 and doesn't question the height of that building. In all honesty, the building inspector is the 14 person who passes judgment on this; perhaps he could enlighten us as to the reason why, and 15 perhaps also he can tell us why he can't see a dwelling in there. We have had testimony today 16 admitting that there's toilet facilities in an accessory structure, which I believe is not 17 allowed in this town. MR. BRESSLER: The fact that he's lived 18 there for three and a half years is conceded. Now people can quibble over the fact as to whether 19 this is a dwelling unit or whether it isn't a dwelling unit. And Mr. Arnoff no doubt will and 20 in most inimitable style, but the fact remains that it is undisputed and remains that someone has 21 lived there for three and a half years, and that's the fact. And I don't care if they_ own 16 other 22 properties in town, that's where this guy's been living and he's admitted it. So that having been 23 said, I'd like the engineer to come up and complete our case. And if Mr. Dinizio and the 24 rest of the Board wants to hear from the Building Inspector, I see him. He's sitting over there and 25 he's waiting to be questioned, and if he can just hold his breath until Mr. O'Brien is done, I'm October 20, 2005 U 119 1 2 sure the Board will have some questions for him. CHAIRWOMAN OLIVA: Mr. O'Brien. 3 MR. O'BRIEN: Bob O'Brien, 2074 Main Road in Laurel. I also have a house next to Jenny and 4 the Bollmans out in East Marion. It's my second residence. I'm a professional engineer, licensed 5 in the state of New York for 35 years, and I'm going to address the foundation issue. 6 What is common to the trade and common to myself on an existing foundation, especially on an 7 older structure like this where they normally do have shallow foundations, they could be in 8 disrepair from frost heaves, from settlements, they were basically just thrown up for weekend 9 houses. I would go out and you do test pits around the foundation to determine not only the 10 condition of the foundation, but the test pits would extend at least four foot below the bottom 11 of the footings and see if there are any clay layers or anything else that when you put this 12 additional load of second story, third story, whatever, they're going to reflect up, and you're 13 going to have problems with the new foundation or the existing foundation; that's just common 14 practice. And it also should be addressed on the 15 plans for the house, when you do a renovation, the existing foundation should be shown, of 16 course, with the new hurricane requirements you have to tie into that foundation strapping, that 17 should be shown on the drawings how it's tied in, how it's anchored to the existing foundation, so 18 on and so forth. I don't think that was done in this case. You just don't start excavating and 19 all of a sudden the foundation's only going down 18 inches -- surprise, surprise. That doesn't 20 happen. Do you have any questions? MR. BRESSLER: Could you address the 21 septic issues? MR. O'BRIEN: I want to see if they have 22 any questions. BOARD MEMBER DINIZIO: I would like you to 23 address the hurricane strapping. Is that required on the building plans? 24 MR. O'BRIEN: Of course. Under the 2001 code, yes. It has to be strapped all the way down 25 to the foundation. BOARD MEMBER DINIZIO: You're an expert, October 20, 2005 120 1 2 and you viewed the plans and they were not on there? 3 MR. O'BRIEN: I have not seen the plans, but I don't think the foundation was addressed at 4 all on the plans. MS. GOULD: I reviewed the plans in the 5 Building Department file two times because I wanted to make -sure that I was seeing what I saw, 6 and there was no test pit or test hole for the foundation on the plans submitted and stamped. 7 BOARD MEMBER DINIZIO: That wasn't my question, though, Jenny, honestly. My question is 8 because they are new standards, and any time we can get an expert to come and talk, I like to get 9 an idea. MR. O'BRIEN: There has to be in detail. 10 BOARD MEMBER DINIZIO: But you didn't see these details and know. We on the Board would not 11 even consider that. It wouldn't be something we were looking for. It's just the concept of 12 putting an addition of a house up. We don't really care how you do it. 13 MR. O'BRIEN: As an engineer, I would have to address that to get a permit. 14 BOARD MEMBER DINIZIO: I agree with that, but you didn't actually see the plans; you can't 15 say -- MR. O'BRIEN: I was told that the 16 foundation wasn't addressed. I could be backed up by people who have seen the plans. I don't think 17 they're lying to me. And it's not the first time I haven't seen it addressed on the plans and it 18 amazes me. I come across that on other builders too. But again, we're getting back to a structure 19 that was probably built in the '30s, '40s, I don't know. I do over 250 inspections a year on 20 existing houses. It's very rare that you can use a foundatiQn like that for a two-story structure. 21 It doesn't work out. It doesn't make sense. Why do you want to wind up with structural problems 22 down the road? It's not a costly item. Like somebody pointed out before, you don't have to go 23 for a full foundation either, could have went for a three foot crawl space, something like that 24 too. That's it, I mean test pits are like ABC. It's for the reasons stated. 25 As far as the septic, I do septic design. The Health Department actually prefers having a October 20, 2005 i 121 1 2 septic system in the front of the house. In this case, you probably would need some sort of 3 variance because it is a driveway. You would have to have a road grading on it, it could take 4 traffic loads and so forth, but given the circumstances, I'm sure that the Health Department 5 would probably approve it. BOARD MEMBER GOEHRINGER: Is there Town 6 water down there? MR. O'BRIEN: Yes. 7 BOARD MEMBER GOEHRINGER: Now that I asked the question, I remember seeing the hydrant. 8 Thank you. MR. O'BRIEN: There's no question about 9 setbacks. The only clearance is the required separation between the water line and the septic 10 system, but I think there's only a couple pools involved because we don't have a high water level 11 there. I don't think it's really an issue. Any other questions? 12 CHAIRWOMAN OLIVA: I don't think so. MR. BRESSLER: Address the hole. 13 MR. O'BRIEN: Oh, the excavation. The excavation, I wrote up an affidavit. There was no 14 sheathing put in when they dug the hole, and they dug it right on the property line. I was an 15 excavation contractor myself. I've done many foundations myself. You just don't do that. You 16 don't do it for two reasons. First off, you're jeopardizing the property next door, and number 17 two, you're jeopardizing your men. OSHA requires anything over five feet to be sheeted. That's an 18 OSHA requirement, you can either sheath it or lay it back on a 2-1 slope. And a 2 on 1 slope is not 19 always a 2 on 1 slope. It has to do with the angle of repose and the materials. Sand has a 32 20 degree angle of repose and it comes out to a one vertical to two back. So if you go down 10 feet 21 you got to be back 20 feet. In this case, that would be across Jenny's entire lot. With the 22 Raynors and everything else, it's cavatated back under top slope, so some sheeting was put against 23 it, but the sheeting is not really doing anything, it's holding the top of the slope, and what's 24 going to happen is just the material now is going to slough down behind the sheeting and you're 25 going to have more erosion back, and she's going to lose a piece of her property. So my October 20, 2005 122 1 2 recommendation at this point is until this thing is resolved is to backfill the hole and tamp each 3 layer of material back so they don't lose the top of the slope. The sheeting actually can't be put 4 in place at this point. That's mandated by OSHA, that sheeting has to go in at five feet. 5 CHAIRWOMAN OLIVA: Thank you. Very informative. 6 MR. BRESSLER: At this juncture, we have no further witnesses pending comments from other 7 witnesses that may appear on behalf of Mr. Arnoff or comments from witnesses who may be called by 8 the Board to comment. CHAIRWOMAN OLIVA: Do we have questions 9 for Mike? BOARD MEMBER DINIZIO: I'd like to. 10 CHAIRWOMAN OLIVA: Mike, I think we have a few questions. Jim first. 11 MR. VERITY: Sure, Michael Verity, Chief . Building Inspector, Town of Southold. 12 BOARD MEMBER DINIZIO: Hi, Mike. MR. VERITY: Hi, Jim. 13 BOARD MEMBER DINIZIO: Listen, I am concerned about this garage, and I think more it . 14 has to do with the procedures of the Town and how they work because I can drive downtown from here 15 to Greenport and find probably 20 violations and this is one of them. I'm sure you had to go here 16 at one point in time or you're going to have to go here and inspect the foundation, and at that time, 17 if you look at that building, I'm not going to ask you will you give them a ticket, but do you look 18 at the building and if it seems -- MR. VERITY: I spoke to the Assistant Town 19 Attorney and I said there appeared to be some violations on a number of properties down there. 20 ' I didn't think it was appropriate for me at the time to go into that. So we're right now, I think 21 we're a little off line with the way they're attacking this -- if you want to call it an 22 attack, it's not an attack, that's a poor word but I'm tired. You're getting way off base here with 23 the accessory building. I will address that; I told the town attorney I will address that. There 24 are other issues on the east property and possibly on the west property that I have concerns with as 25 well, not my concern right now. My concern is to deal with that house. October 20, 2005 f 123 1 2 BOARD MEMBER DINIZIO: But we are ' concerned. I'm not concerned with you violating 3 somebody. I think what I'm more concerned about is we're looking at a house that doesn't exist any 4 longer. You know all about nonconformities, we've been back and forth about that. 5 MR. VERITY: Yes, I sleep non-conformities BOARD MEMBER DINIZIO: That's only our 6 concern. We're going to be discussing okay, now they got this foundation, and it's not so much 7 money now to move it two feet, five feet, whatever it happens to be. I like personally, I like 8 seeing people who have established setbacks to keep those established setbacks. 9 MR. VERITY: I agree. BOARD MEMBER DINIZIO: I fought the Walz 10 thing all along, this is just part and parcel of that, if you ask me. By the same token, we have 11 to be fair to everybody. This is where it comes in. We're telling people you can't have that 12 stoop because Walz says you can't have it, then we're letting a guy build a brand new house, 13 conforming to the old nonconforming setbacks, I got a little problem with that. To me it looks 14 like on this piece of property we can look at other things when we grant this guy relief, and 15 that is one of them. I'm wondering if we can maybe look at 16 their application for this. MR. VERITY: For the garage? 17 BOARD MEMBER DINIZIO: For the garage. MR. VERITY: If you feel it's necessary. 18 BOARD MEMBER DINIZIO: If the Building Department has a file that has -- I mean, how is 19 the setback for this garage established? Was there an old garage there? 20 MR. VERITY: From what I recall there was a one-story garage, I'm not sure, I'd have to look 21 at the ' 97 file. Jenny, did you give them a copy of that information? I think it's all there to be 22 honest with you. Again, right now that's on the back burner for me. My bigger concern, this is 23 really an unorthodox piece of property as Mr. O'Brien stated. It's unusual and I felt it needed 24 to be dealt with right away. That's why I did what I did in reference to paperwork and so on and 25 so forth. BOARD MEMBER DINIZIO: Which is my next October 20, 2005 J 124 1 2 question, which is, I understand because I think I got a call that day too, that evidently John came 3 down to you and said look, it's crumbling, and we can't do anything with it, and what do you want us 4 to do? MR. VERITY: He made a key point that 5 everybody just overlooked. He was moving an excavator in there or a machine in there, I don't 6 remember exactly what he said, the foundation started to move. He would not have known that, 7 you would not have known that, and if there was any concern at that time with this foundation with 8 what was left there, you should have said, you know what, let's pull this back. I don't need to 9 tell you your business, but again, Mr. O'Brien said at that point it's not a big money item. It 10 should have been addressed at that point in time. BOARD MEMBER DINIZIO: I'm confused. 11 MR. VERITY: Meaning everybody's hinging the decision on that the whole reason why they 12 allowed this to stay was because it would be a hardship for that foundation, I disagree. At that 13 point in time, if you had a real concern about that, if the Board had a real concern, you should 14 have said listen, we're not going to allow this. CHAIRWOMAN OLIVA: No, no, no -- 15 BOARD MEMBER DINIZIO: No. We asked a question, Mike: Are you going to build this on 16 the foundation? That's all we need to know. We're not -- 17 MR. VERITY: If that was such a big concern in conditions, why wouldn't you condition 18 that, that this foundation could not be removed? BOARD MEMBER DINIZIO: We didn't have to. 19 MR. VERITY: See, when we make our decision you're granting a setback for a distance 20 to the setback, a side yard, I think there were two others, right, there was lot coverage -- at 21 that point in time we're not looking at minutes, we don't know what the key points were, you're 22 granted all of those. You stayed within those boundaries to the Building Department, I would do 23 this 10 times out of 10. If someone else came in and said the same thing, you know what, you were 24 granted that setback with the side yard -- BOARD MEMBER DINIZIO: Hold on, this is 25 key. You're saying that we should have put in our decision we're granting you this relief because October 20, 2005 125 1 2 you told us it was- too expensive to move the foundation or whatever? 3 MR. VERITY: No, what I'm saying is, Jimmy, you condition things open to the sky for 4 decks, same thing, using the existing foundation. When you see a demolition, at that point, you're 5 allowing 90 percent of the value maybe even more of that house to come down. You see what I'm 6 saying? At that point in time you should have said -- 7 BOARD MEMBER SIMON: At the point when the question was asked and answered regarding the 8 continuation of the existing foundation, you're saying we should have said, give us evidence that 9 the foundation is as secure as we all seem to be assuming it is. 10 BOARD MEMBER DINIZIO: No, I don't think we need to ask for that. I think it's the 11 opposite. That's what he's asking us, but I think it's the opposite is that we always assume that 12 the expert is expert. CHAIRWOMAN OLIVA: We did ask if the 13 foundation was okay. We had it in the record that the foundation was fine. 14 BOARD MEMBER SIMON: We didn't conduct an investigation. 15 MR. VERITY: That's the thing. I don't want to rehash -- 16 BOARD MEMBER DINIZIO: That's the crux of this argument, Mike. 17 MR. VERITY: My point to the Board is the way the decision was made, and I wasn't going to 18 bring up the discussion with Ruth, because I even said to Linda and to Ruth and to the Town 19 Attorney, the letter means nothing to me. To the permits examiner it meant the world. But to me, I 20 would have made the same decision with or without, and I would not have gone to Ruth for that letter 21 and I didn't care about that letter. Because of the relief that was given, I felt that it was okay 22 to continue, whether it was a totally brand new foundation or a partial, which that's the way the 23 permit was written, or like I said the totally new foundation. 24 BOARD MEMBER DINIZIO: I can turn it around. Didn't it dawn on you that he was asking 25 for a partial foundation and now he wants a new one? That we would not have heard that evidence? October 20, 2005 126 1 2 MR. VERITY: But even so what I'm getting at, you can make the argument either way, Jimmy, 3 I'm not trying to make an argument for either team here. . 4 BOARD MEMBER DINIZIO: I understand, because I didn't see your point of view until what 5 you just said. MR. VERITY: I feel what the Building 6 Department did was right, and the Building Department continued to 'do that until otherwise. 7 Once variances are granted, I don't care what was discussed for dinner; I don't care what was 8 discussed about the brick foundation. It's what I see in the language of the disapproval. 9 BOARD MEMBER SIMON: Let's say that the Building Department bears no responsibility for 10 this. MR. VERITY: That's correct. 11 BOARD MEMBER SIMON: That is for the moment. Does it follow that we somehow are 12 responsible for not having asked the questions that you felt you were not legally obligated to 13 ask? We're not a building department. We're a board of appeals. 14 MR. VERITY: I'm not saying anybody's responsible. 15 BOARD MEMBER SIMON: You're saying the Building Department is not responsible. Maybe 16 that's the case, but who is? MR. VERITY: I've got a broad set of 17 shoulders, I'll take all the responsibility, that's not the question. The question is why is • 18 this hinging so much on this decision? This is away from the Building Department, I personally 19 cannot understand it. It makes absolutely no sense to me at all. 20 BOARD MEMBER GOEHRINGER: You're absolutely correct, Mike. And let me have the 21 floor for one second. You are absolutely, 100 percent correct because when I asked if that 22 foundation was in the same footprint, meaning the footings for the new foundation, I was told they 23 were. In fact, I was told that they were even brought back. 24 MR. VERITY: Correct, it's less nonconforming. 25 BOARD MEMBER GOEHRINGER: Farther away from the CZM line. I 'll tell you where the October 20, 2005 127 1 2 problem came here. I will stand on this forever, and that is, that the representation of this 3 particular application was done by a builder and not necessarily by an attorney. And this builder 4 is the most wonderful builder of anybody I've ever seen. I've seen the stuff that John and Linda 5 have constructed, it's the greatest stuff in the world, bar none. All it would have had to have 6 said was that if the foundation is deemed to be not usable, we may have to trash the foundation, 7 within the embodiment of this decision. That's all that had to be done. And for some strange 8 reason we failed to do that or he failed to do that, meaning he failed to do that, or it failed 9 to be done, either from our standpoint or their standpoint. 10 MR. VERITY: I think somebody here is hanging their hat on something that's not worth 11 hanging their hat on is the point I'm trying to make. Again, just pointing out, Jimmy, we're 12 attacking an accessory garage, it makes no sense at all. 13 BOARD MEMBER DINIZIO: No. Let's talk about this foundation, that's why we're here. We 14 make a decision based on the evidence before us. It says: Mr. Orlando: Any thought about 15 removing that we're talking about the block foundation -- yes, it is. Then, any thought about 16 removing that since you're demo-ing it anyway, just to come into conformity with the side yards? 17 Important, because we would not grant the variance if we felt he could come into conformity easily, 18 okay, that it was not a hardship for him. Then Mr. Bertani says, the only problem is expense, 19 it's too expensive? Orlando: Is the foundation structural? Yes, it is. I can go on forever. 20 MR. VERITY: That was it, you only spoke about the foundation, you didn't hinge your 21 decision on anything else at all? CHAIRWOMAN OLIVA: No. We do in the end 22 we say this action does not authorize or condone any current or future use, setback or other 23 feature of the subject property that my violate the zoning code other than such use of setbacks 24 and other features that are expressly addressed in this action. 25 BOARD MEMBER DINIZIO: Honestly, the foundation is the cost and expense that I know October 20, 2005 128 1 2 that we all considered because that's the crux of everything. No one wants to move the foundation; 3 it's very expensive. We realized that. When Vinnie asked that question it's because if it's 4 possible, let's do it and let's get a little more conforming; that's what we're supposed to do. 5 That's near the end of the meeting and that's what everybody based their decision on, I'm not saying 6 that right or wrong. MR. VERITY: First of all, Jimmy, 7 understand, I 'm not here to argue with you or anybody else. I'm not here to argue in favor of 8 the Bollmans or in favor of Miss Gould. I'm trying to make a point of this, you made a 9 statement just a second ago that you can make it more conforming. You can probably make people 10 take down and move and make 95 percent of the applicants conforming. To make this person 100 11 percent conforming at this point in time -- BOARD MEMBER DINIZIO: I never said that. 12 I just said we can make it more conforming. MR. VERITY: No. You said make it 13 conforming. But they already made it more conforming by what they did. 14 BOARD MEMBER DINIZIO: No. We granted them a variance based on Walz. 15 MR. VERITY: On the first floor they made it more conforming. Jimmy, there's a way I could 16 have presented this, you gave relief for four, I could have presented it so I could only ask for 17 relief for three, but I 'm not going to go into that, and I'm really surprised that that was 18 overlooked. BOARD MEMBER DINIZIO: Mike, I'm not 19 concerned about -- what I'm concerned about what we hear and what went on. We had testimony based 20 on we have a nonconforming setback. We're supposed to deal with that, that's why they come 21 to us, and we base it on the testimony that's presented to us, and then we grant it accordingly. 22 I'm not concerned about what you think, because it's not what you think; you already told us what 23 you think. You told us that it was nonconforming, you have to go see the ZBA. Okay, and we tell you 24 what the Town, we ais a Board will let them have. MR. VERITY: I understand, you don't want 25 to hear what I think, but you're asking about an accessory building that has nothing to do with it. October 20, 2005 129 1 2 BOARD'MEMBER DINIZIO: Mike, we know what you think already. And we know what you don't 3 think. We know only what was written on that piece of paper. We grant based on that piece of 4 paper. That's your thoughts, that's what you think the code says. 5 MR. VERITY: The point L'm making, Jimmy, with the granting of that how would Joe Public 6 know that your decision was hinged, unless you went into the minutes, if you had that final ZBA 7 petition number 5-5-0 -- whatever it was, if you had that appeal number, how would you know that 8 your decision was hinged on that existing foundation? 9 BOARD SECY. KOWALSKI: I can answer because I drafted that; it's based on the whole 10 record, the hearing record, the entire record. MR. VERITY: I said how would you know on 11 your two-page document that it was hinged on that? BOARD SECY. KOWALSKI: You would have to 12 read the whole record. BOARD MEMBER GOEHRINGER: You would have 13 to read the whole record. MR. BRESSLER: With all due respect, 14 that's not true, it's right at the beginning of your decision. 15 BOARD SECY. KOWALSKI: That's what I'm trying to say. 16 MR. BRESSLER: Yes, Linda, I know you don't have it in front of you, but my brief 17 readings of the finding of facts, the applicants propose to retain the existing foundation. You 18 don't have to search the records. MR. VERITY: That's telling me that they 19 want to retain it. MR. BRESSLER: You don't like the answer 20 but that's the answer. BOARD MEMBER SIMON: What you would be 21 asking for with every statement of finding has to be researched and verified and sworn by affidavit, 22 this is absurd. We're saying that we cannot write a report that takes into the record something that 23 has been entered into evidence, and we say if that turns out to be false, or in some cases maybe an 24 out and out lie, that's just too bad? BOARD MEMBER DINIZIO: Hold on, let me ask 25 you one more question. A gentleman came to you, and said, hey look, I can't do it the way the ZBA October 20, 2005 , 1 130 1 2 wants me to do it. I have to do it differently, did he or did he not? 3 MR. VERITY: No. BOARD MEMBER DINIZIO: Then why would he 4 ask you to put that foundation in? Why would you write a letter saying so? 5 MR. VERITY: Ask the question again, Jimmy, I don't understand the question. 6 BOARD MEMBER DINIZIO: Mr. Bertani came to ! you after he found out that the foundation wasn't 7 good. MR. VERITY: That's right. 8 BOARD MEMBER DINIZIO: And said, listen, I can't do it the way the ZBA wanted me to do it, I 9 need permission from you to pour the foundation. MR. VERITY: That's not the way the 10 question was proposed to the Building Department. BOARD MEMBER DINIZIO: Obviously you have 11 to read our decision to find that out. I agree with you. But Mr. Bertani did the absolute right 12 thing in stopping, because he knew if you came in and saw a new foundation there that you could stop 13 him because of what the Zoning Board had said. So that must have raised at least a little flag, 14 Mike, that said our decision had something to do with the foundation. 15 MR. VERITY: That's correct. We reviewed that and felt that the reliefs were given. 16 BOARD MEMBER SIMON: Did you read the transcripts? 17 MR. VERITY: No, I didn't read the transcripts. 18 BOARD MEMBER SIMON: He came to you in good faith, as I understand it, for an answer to a 19 hard question, and you gave what seemed like a reasonable answer by examining a limited number of 20 documents questions, far fewer than what actually exist, and you said, well, look, you did what was 21 expected of you, and then you come to us and say we should somehow have researched the facts that 22 you were assuming when you gave him an -- MR. VERITY: I said in your conditions you 23 should just put that in there. BOARD MEMBER DINIZIO: We did, Mike, it's 24 in the decision. MR. VERITY: Does it state that in this 25 decision? BOARD MEMBER DINIZIO: It did, it really October 20, 2005 131 1 2 actually doesn't have to. The fact that Mr. Bertani came to you -- 3 MR. VERITY: Okay, it did, but it doesn't have to. I understand that. 4 BOARD MEMBER DINIZIO: Mike, listen, I'm not going to take your glib answers too much 5 longer. I understand that you're under pressure here -- 6 MR. VERITY: Jimmy, I'm not under pressure. 7 BOARD MEMBER DINIZIO: Just answer the questions that we ask you, don't go any further 8 than that. Your sly comments don't make any sense to anybody. 9 MR. VERITY: They make a lot of sense. BOARD MEMBER GOEHRINGER: They make a lot 10 of sense to me. BOARD MEMBER DINIZIO: We got two people 11 fighting over the fact that they want to build a house, we're trying to get to the bottom of it. 12 My personal view is I could care less if they wanted to build a house five stories. 13 MR. VERITY: This is not personal views, Jimmy. 14 BOARD MEMBER DINIZIO: Then don't give me personal comments. 15 MR. VERITY: This is not personal comments. 16 BOARD MEMBER GOEHRINGER: You're taking them personally, Jimmy, that's the problem. 17 BOARD MEMBER DINIZIO: I am taking them personally because I know when someone's BS-ing 18 me. I can see it. MR. VERITY: Jimmy, I'm asked to read 19 transcripts, but yet the Board can make the statement that we don't know a thing about 20 building plans? BOARD MEMBER DINIZIO: We don't, Mike, we 21 don't have to. MR. VERITY: Then why should I know about 22 transcripts, come on, Jimmy, use a little common sense, you're smarter than that. . 23 CHAIRWOMAN OLIVA: Jimmy, enough. BOARD MEMBER DINIZIO: No. In this 24 application, Mike, you identified a problem. When he came in and asked you for a building permit, 25 did you or did not? He was a nonconforming house and he wanted to go up. You had all this stuff October 20, 2005 132 1 2 about Walz, blah, blah, blah, that was all fine and dandy. They came to us. We granted him 3 relief, shouldn't you just look at that application? 4 MR. VERITY: I felt that he was still within the guidelines, and that's why he was 5 allowed to continue. BOARD MEMBER DINIZIO: With the first 6 sentence in our decision referencing that we based it on the foundation, you can say that? 7 BOARD MEMBER GOEHRINGER: Of course. MR. VERITY: Why not? 8 BOARD MEMBER DINIZIO: I agree. Why not is a good answer. 9 MR. VERITY: My recommendation too is you should probably look back at some previous 10 decisions because you have made a decision like this before. 11 BOARD MEMBER DINIZIO: Mike, what does that have to do with this? 12 BOARD MEMBER ORLANDO: Jim, we also have to realize that the Building Department went to 13 the Zoning Board and to the Trustees and told them what was going on and the response back was -- 14 MR. VERITY: This wasn't hidden. I went to the town attorney. I actually went to Mrs. 15 Gould who advised me to go to Mr. Bressler on this. I didn't have to do that, Jimmy. . 16 BOARD MEMBER DINIZIO: I'm not saying -- you didn't have to do a thing, but don't say that 17 you didn't know that there was a problem. MR. VERITY: Jimmy, if I thought there was 18 a problem, they would be back here right now because of me. They're not back here because of 19 me. BOARD MEMBER DINIZIO: This is where they 20 should have been. MR. VERITY: I disagree, that's why they 21 were allowed to continue. CHAIRWOMAN OLIVA: Agree to disagree. 22 ASST. TOWN ATTY. CORCORAN: You have to decide what to do now. 23 BOARD MEMBER DINIZIO: I built my record. BOARD SECY. KOWALSKI: New foundation plan 24 is that in your file? MR. VERITY: You have the files, I can't 25 say. BOARD SECY. KOWALSKI: Does the new October 20, 2005 133 1 2 foundation plan have all the information on it that was required? Does it need anymore 3 information? MR. VERITY: I can take a peak and tell 4 you that. ASST. TOWN ATTY. CORCORAN: Mike, what is 5 your view of the current condition of the property pending this decision? 6 MR. VERITY: I'm concerned about the property as Mr. O'Brien. His techniques and 7 procedure, I appreciate his 35 years of experience, but that's more of a commercial 8 review, or application, that's not a residential application. I would love to see that. I have 9 not seen that in 25 years that I have been either in business or in working in the Town of Southold. 10 ASST. TOWN ATTY. CORCORAN: You're talking about the sheathings? 11 MR. VERITY: Sheathing on a residential. CHAIRWOMAN OLIVA: Or the test holes? 12 MR. VERITY: Or 'the test holes. Actually the test holes, it depends on the engineer. If an 13 engineer's willing to do a visual inspection, that's fine. Mr. O'Brien, and I'm not blowing 14 smoke up your skirt, Mr. O'Brien, he's very good, he's very thorough. Some don't choose to do that. 15 Is it required to do that? The survey shows a test hole. They know what the soil conditions 16 are. They're making a decision based on that and the visual inspection. Does everybody do it? 17 No. Can everybody afford to have it done? No. What was done was probably to the minimum, as the 18 state code is to the minimum standard, and that's what they did. That's all that's required to get 19 a building permit from the Town of Southold. ASST. TOWN ATTY. CORCORAN: What about 20 your view as to what, if anything, can be done to shore up the property or mitigate the current 21 condition? MR. VERITY: If it was an open farm field, 22 obviously we wouldn't have that problem. Right now for them to mitigate the problem, they would 23 either have to go on the property of the Goulds, or they would have to access that from the water, 24 and it would probably cost them -- it would be a hardship. In my guesstimate, in my knowledge of 25 the construction field, they would have to bring a barge in, need to lay sheathing in there, and it's October 20, 2005 ' f 134 1 2 not necessary at this point in time. What's necessary is for -- and I'm not telling the Board 3 what to do -- but it's necessary for this to move forward. Allow them to either put the foundation 4 in or not put it in. If they can't put the foundation in, the property has to be filled. If 5 they can put the foundation in in a timely fashion, that can be backfilled, prior to 6 backfilling, they would most likely put the first floor flooring on it, which would support that, 7 and then they could backfill it, and then we no longer have an issue. That was my way of handling 8 it way back when. If this was in the middle of, farm field, we would have said, you know what, 9 duke it out, two months later because I don't care, because nothing's going to happen to the 10 Gould property or the property to the east. Carry on, wait two months, wait four months, whatever 11 you have to do to get on the ZBA calendar. As you can see from the report that I 12 submitted, this is unusual. It's unique. I thought that it was a problem that needed to be 13 addressed right away. Now, allowing this to go to the end of October, we've been very fortunate with 14 all this rain, we could have had a California situation on our hands, and Mrs. Gould's fence, 15 hedge and maybe even the corner of her house could be in jeopardy. So my opinion is it needs to move 16 quickly, whatever the decision is, and then we can address, the Building Department, address the 17 accessory buildings and all that other stuff. I think we're totally missing, and I promised myself 18 that I wouldn't get in an argument with Jimmy, I don't know why I thought of Jim. It's beyond me. 19 I just think it needs to be taken care of, and I have been around the block a few times. I know 20 I'm young but I've been in the business for over 25 years, between eight years for the Town and 17 21 on my own, and I know what needs to be done, otherwise I wouldn't have put it in writing. I 22 think it needs to be pushed forward, both sides need to work together. We have to work together 23 and move this along yesterday. ASST. TOWN ATTY. CORCORAN: Does the Board 24 want to hear from anybody else? CHAIRWOMAN OLIVA: Yes. Mr. Arnoff? 25 MR. ARNOFF: Curiouser and curiouser is the language I think comes to mind. But I'm not October 20, 2005 135 1 2 going to dwell on that. I thank Mr. Orlando for taking the comment that I wanted to take away of 3 Mr. Verity's discussion with Mr. Dinizio. Mr. Verity did, in fact, discuss the matter and 4 the record is very clear that he addressed the matter with both the Trustees and the Zoning Board 5 as to what to do. And we now have before this Board something that's being built in the exact 6 same footprint, less than what you approved. The first question was what was the 7 applicant going to do, stop everything when this happened? And do what, go where? The applicant ' 8 did what the applicant should have done. They came to the Building Department. The Building 9 Department told them what to do after discussing it with the various boards. Then what happened? 10 Well, then what happened is we had a crumbling foundation, had to be removed. We didn't have a 11 choice. Now, it is true that the cost of a new foundation is substantially more than the Bollmans 12 ever bargained for. They didn't want to do this any more than they wanted to put it somewhere else 13 on the property. They couldn't help this; this is an unavoidable thing that happened to them. 14 Now, the underlying question that I think the Board should ask itself is what possible 15 different result will happen if this application goes forward to the application you already 16 approved? And the answer to that question is there is none. You have approved a house 17 according to certain specs, according to certain setbacks, according to all these variances that's 18 going to be placed on this site in the same spot. Why are we here? We're here because Miss 19 Gould found an opportunity to avoid the time that had elapsed from any appeal from any prior order 20 of this Board to find a way to say, you know, I really didn't like it the first time, but I want a 21 second bite of the same apple. And that's what we're here for, a second bite of the same apple 22 before Board, nothing more, nothing less. She knew Mr. Bollman was living in the garage 23 apartment, living there. There were attorneys in this town that have lived in garages while houses 24 are under construction with the tacit or direct approval of this Board. We ask for nothing more, 25 nothing less. One thing more I wanted to bring up. My October 20, 2005 r` 136 1 2 clients have acted in good faith. They have acted in reliance of your well thought-out 3 determination. They have incurred incredible costs before today. All they want to do is do 4 what you told them to do. Unfortunately, they couldn't do a certain portion of it because 5 factors beyond their control prevented it. So what did they do? They did what any reasonable 6 person would have done under the circumstances. This is not a self-created hardship. This is 7 something that happened that was unanticipated. We're here, we need your help. We really didn't 8 think we needed your help; we thought we already got it. We thought we were going to go forward 9 and probably have the house enclosed by this time, were it not for the fact that all of this has gone 10 on. I don't think there's anything any different. Mr. O'Brien's comments are certainly 11 interesting, but I don't think he speaks for the Health Department, and I don't know how many of 12 you have made applications in the issues of sewers and septic systems and before the Health 13 Department lately and see how easily variances go through because my experience is they don't go 14 through after passages of months and months and perhaps years and perhaps never. 15 We really need to address this problem. I agree with Mr. Verity. We need a decision from 16 this Board. I think it's clear that there is no -- there's nothing else -- I think this Board 17 really has no choice. Sure they have choices, we could put the foundation somewhere else, we could 18 tear down all the buildings on the property and leave it vacant, which is ultimately probably what 19 Miss Gould would like to have happen. Unfortunately, my clients have a right to use 20 their property, just like Miss Gould uses the garage on her property for housing other people 21 when there are guests there. There's no garage door on her garage. But it's okay for her, 22 nobody's complaining about that. But all they want to do is be left alone. Let them build the 23 property. Doesn't impede her view, they've brought back the sides, they have reduced the 24 height. The only thing left is for them to go away. She didn't get that the first time, and I 25 submit this Board should not allow her to get it the second time. Thank you. October 20,, 2005 137 1 2 CHAIRWOMAN OLIVA: Thank you. MR. BRESSLER: If I may briefly now that 3 I've heard Mr. Arnoff in his entirety, I have several remarks. First of all vis-à-vis 4 Mr. Verity's comments, I found them interesting, and I found his answers not terribly on point to 5 the questions put by the Board. But with respect to his experience and OSHA, I have only to refer 6 the Board to OSHA regulations that Mr. O'Brien cited and pointed out that they are regulations 7 for the home building industry, not commercial construction, the home building industry, and if 8 Mr. Verity doesn't enforce them, that's another issue. But to say that they don't apply that's 9 just not so. He raised an interesting question, why use 10 the existing foundation after the Board has heard about an hour and a half of this, the answer to 11 the question is obvious, why use the existing foundation? Because, as the Board has recognized, 12 because it was the entry ticket. It was the ticket to admission. It was the hardship 'ticket. 13 That's what got them in. We want to use the existing foundation. Mr. Verity says it's not 14 that expensive. Mr. Arnoff, to his credit candidly says, yeah, it would have been expensive, 15 he's right, we all know that. It would have been expensive. That was their ticket, that was their 16 plea to this Board. That's how they got the relief. And I think when Mr. Dinizio says, well, 17 if that weren't the case, we certainly could have examined whether a less intrusive -- to 18 paraphrase -- whether less intrusive alternatives were available, is the issue before this Board. 19 If there were no house there at all, which is the case now, and the applicant had come to you and 20 said I want to put this house here, I want all these variances, would this Board have granted it? 21 That's the question before you. Or would this Board have said, as we're suggesting, wait a 22 minute, you have a building envelope. There are things you can do, and maybe we can't bring you 23 into total conformance, but maybe there are things we can do. That's not the place where this house 24 belongs; we're going to try to move you back and minimize the variances that are required. And 25 with all due respect to Member Goehringer, I think I respectfully disagree the issue is not the fact October 20, 2005 138 1 2 that now they're building where they said they were going to build. I think the issue before the 3 Board is because the predicate upon which they came before the Board turned out not to be true, 4 and I think it's plain from the testimony, it turned out not to be true at a minimum because 5 nobody even looked at whether or not this was a buildable foundation, because that turned out to 6 be true, and all you have now is essentially a hole. Are there less intrusive alternatives that 7 are available to the applicant? And I think the answer to that questions is clearly yes. The 8 admission ticket that they used, the foundation, is no longer available, and now we're looking at 9 this thing de novo. The purpose of the Town code of the nonconforming regulations is to 'eventually 10 eliminate nonconformance. And to say that because their ticket's gone, and they come to you 11 essentially de novo that you're going to give them • exactly the same nonconformity when you don't have 12 to do, that runs afoul of that policy. I think the Board has to take a hard look, and I invite 13 you all to take a hard look at what can be done here and whether or not the variances that are 14 requested are necessary, or indeed, whether they can be minimized. You've heard expert testimony 15 that they can be, you've seen a building envelope. We think that they can, and I'm not 16 going to characterize the series of events that led us to this, the Board can arrive at its own 17 conclusion as to how that happened. But at a minimum, that which should have been done was not 18 done, and now the applicant comes before you in that position. 19 Move the foundation, put it closer to where it belongs, bring the lot closer into 20 conformance, no harm no foul; you fill the hole and you re-dig it. It's no longer a question of 21 hardship and money, because the applicant's plan no longer works. The foundation was crumbling at 22 the beginning, it's no longer there now, and I think this Board has to look real hard at what 23 they would grant someone coming in here de novo. That's my plea. I hope you consider it. Thanks 24 for your attention. CHAIRWOMAN OLIVA: Would the applicants 25 consider alternate relief? MS. BOLLMAN: I don't understand what that October 20, 2005 139 1 2 means, Miss Oliva. CHAIRWOMAN OLIVA: In other words, 3 something that Mr. Bressler has suggested, moving it further away from the Gould property, maybe a 4 little closer to the Peretz property, perhaps moving it back further slightly, or not at all. 5 BOARD SECY. KOWALSKI: Could be two feet. MRS. BOLLMAN: Mary Ann Bollman. What I 6 don't understand is the last time we were here Miss Gould wasn't happy with the height, she 7 wasn't happy with the size. You advised us and asked us if we would meet with her or have John 8 meet with her, talked about lowering the roofline and making the house smaller, we did that. And 9 now, according to the testimony, they want us to expand on the garage, they want to design our 10 house. I don't think that's right, and I don't think that's fair. We will certainly talk to 11 John, and we will more than likely work things out. But I don't think it's fair for someone to 12 tell me how I should live, and in what style I should live, or whether or not I can or can't live 13 on a piece of property that's been in my husband's family since the 1940s. 14 MR. BERTANI: Maybe you can ask Mike to verify this, but we had every intention of keeping 15 this foundation and not being in this predicament. We thought we did everything right. The other 16 thing we could have jacked the house up, put a cold foundation underneath it and then gone to the 17 Town and asked for a demolition permit. We were honestly trying to do the right thing. I 18 apologized to the Bollmans. Maybe I should have said, look, hire an engineer, get yourselves an 19 architect. They went to the lumberyard to save some money to put into the house, the extra money. 20 I thought I was helping them out. Apparently I gave them wrong information. I thought it was 21 okay. Maybe we should have ripped the bushes out, and hired somebody to dig holes all around it. 22 All I can do is apologize to them for that. BOARD MEMBER SIMON: I can explain to Mrs. 23 Bollman alternative relief does not mean that anyone is going to tell you how to build your 24 house. Alternate relief is a positive recommendation, a suggestion, that if it turns out 25 that the Board decides that you're not going to be permitted to do it precisely the way you want, October 20, 2005 140 1 2 there a number of other possible ways which you could choose, and very unlimited way, and it still 3 would be your choice and your house. The worst that can happen is that the Board will block the 4 one way that you had hoped to do it because of circumstances which were, to some degree, beyond 5 anybody's control, namely the collapse of the foundation. 6 BOARD MEMBER DINIZIO: I would offer this as an alternate relief because it goes against my 7 grain to even make you move that house. You've got the hole, if you move that foundation to 10 8 feet away from the other house, and you keep the house the same width, and we let you go over 9 another whatever that is -- 3.5 on the other side, okay, so you now have 10 feet on both sides of 10 your house, same size house, same basic location, you don't need a variance on Miss Gould's side, 11 maybe that's the way to go. MR. BERTANI: I think we only have 12. 6 on 12 Mr. Bressler's side. BOARD MEMBER DINIZIO: Say we make it 10 13 feet on the other side. MR. BERTANI: So moving it two feet. 14 BOARD MEMBER DINIZIO: I'm just offering it. It's not possible to give her 10 feet and -- 15 MR. BERTANI: I'm just saying that's possible. It's not possible to give her 10 feet 16 and then he'd have eight -- BOARD MEMBER DINIZIO: No. I'm looking at 17 your map here. I see the 10 foot line. It looks to me like three feet or four feet I guess it is. 18 MR. BERTANI: 5. 9, which is nine-tenths of a foot, and the other six. 19 BOARD MEMBER DINIZIO: Say we split the difference. 20 MR. BERTANI: It would be ten then you have eight and a half. 21 BOARD MEMBER DINIZIO: Would that be acceptable? 22 MR. ARNOFF: That's fine. BOARD MEMBER GOEHRINGER: The question I 23 have is where do we go from here? Have we concluded both of these hearings? 24 MR. ARNOFF: I think we agreed when we started that when we finally sat down -- 25 CHAIRWOMAN OLIVA: Both have been merged. October 20, 2005 141 1 2 BOARD SECY. KOWALSKI: Approximately eight and-a-half on each side, same house. 3 MR. BRESSLER: We've made our record in both hearings. 4 BOARD MEMBER DINIZIO: I just want to know if it's acceptable to them. 5 MR. VERITY: Just in response to I guess that was Mr. O'Brien's question, there is a 6 foundation plan here, just for the record, that was stamped in and amended, August 9, 2005 and on 7 the Penny Lumber drawing, there is a detail on here for connections. We can't approve a plan 8 without it. So it is on here. It's on the last page, page 10 of 10. So that information is 9 there. I don't think he looked at the plan, he was just making a statement based on someone's 10 information. BOARD MEMBER DINIZIO: I didn't let that 11 go, count that in my favor. Honestly, someone made a statement and they do that all the time to 12 us. MR. VERITY: I appreciate you picking that 13 up, and not to argue any more about it, or argue back and forth with Mr. Bressler and Mr. O'Brien, 14 just the statement that I made in reference to the sheathing, it is not common practice here. I 15 didn't say that it didn't exist, I just said it was not common practice. And I did say if you 16 could show me someone who is doing it, I would love to see it because I've never seen it in 25 17 years, and you can take a look at the record because that's exactly what I did. 18 MR. ARNOFF: Mr. Dinizio, just so you know, I have spoken to both of the Bollmans. They 19 would be, if what you're talking about situating the quote, approved structure, so it's equidistant 20 between the Gould property and the Peretz on the other side, that would be acceptable, and we 21 certainly -- BOARD MEMBER DINIZIO: We have the power, 22 Harvey, to move that house the other way. Sure if Jenny objects to it being nine feet, we might move 23 it ten feet. But as long as the house is the same width, what do you care? 24 MR. ARNOFF: As long as we're not within the 1.3 that the Raynors and the Olsens are. 25 We're fine. MR. VERITY: Just my recommendation, October 20, 2005 r 142 1 2 Jimmy, just please have the surveyor and the builder review the coastal erosion line. You have 3 to be concerned about that as well. You don't want to send them through the Trustee process. 4 Just a question of the 5781, is that a dead issue now or is that going to come up in reference to • 5 the height of the building? BOARD MEMBER DINIZIO: Not this building. 6 CHAIRWOMAN OLIVA: Everything else is the same. 7 MR. VERITY: The second meeting was in reference to the building was proposed and 8 approved by the Building Department at the wrong height; is that going to be addressed? 9 BOARD MEMBER ORLANDO: It's up to Mrs. Gould. 10 MR. VERITY: If I could just make a point. BOARD SECY. KOWALSKI: The second appeal. 11 We haven't had that hearing yet. MR. VERITY: That's what I'm talking 12 about, are we done or are we going to bring that up? 13 ASST. TOWN ATTY. CORCORAN: Raise whatever • points you have. 14 MR. BRESSLER: In terms of the height, if the height doesn't comply, then the height doesn't 15 comply. And they're going to have to design something that complies. 16 MR. BERTANI: Talking about the house height. On the old permit it was at 30 feet, and 17 then you asked us to reduce it, it went to 27. CHAIRWOMAN OLIVA: That's great. 18 MR. BERTANI: We did not fill out a new application. We brought your ZBA paperwork, went 19 in there, which stated 27 feet, which we know. BOARD MEMBER DINIZIO: Agreed to a 20 height. MR. BERTANI: Right. They're saying we 21 had the wrong height on the plan, but that plan was from 2004 -- on the application, I'm sorry. 22 MR. ARNOFF: Miss Gould's comments were well taken, to the extent that the ultimate permit 23 for this house should have said in accordance with the ZBA decision. For some reason -- our 24 intention was to build it in accordance with whatever you people tell us to build it in 25 accordance with, and hopefully, Mr. Verity won't find something wrong. October 20, 2005 143 1 2 BOARD SECY. KOWALSKI: They'll monitor it. MR. ARNOFF: That's correct. 3 MR. BRESSLER: To that extent there is no doubt that there has to be an order issued 4 amending or redirecting that height. ASST. TOWN ATTY. CORCORAN: Correcting the 5 permits. MR. BERTANI: It's in the paperwork. 6 BOARD MEMBER DINIZIO: Wait a minute. What's the permit going to say? 7 MR. VERITY: Can I clear this up in like less than 30 seconds? 8 BOARD MEMBER ORLANDO: Please do, Mike. MR. VERITY: Again, not to point fingers , 9 with anybody, but it's a very silly, silly argument. When they originally applied to us, 10 they told us the height of the building was 30 feet. We have to disapprove them for X, Y and Z; 11 you go across with the same application, you come back after you get your approval or not get your 12 approval from the ZBA and you get your building permit. We do not have every applicant at that 13 point in time change the width of your building, change the height because when we write the 14 building permit it states on there as per ZBA conditions. And you can pull it out of the file 15 and you can see that. It would be a paper nightmare to try and do that for every 16 application. BOARD MEMBER DINIZIO: What do you mean, 17 resubmit their plans? MR. VERITY: Exactly. Then we have to 18 send them out to fill in a new application. You use the same application, on there the proposed 19 height was 30 feet, two stories. It came back from the ZBA at 27 feet, you do not at that point 20 in time make the application. CHAIRWOMAN OLIVA: Right. 21 BOARD MEMBER DINIZIO: How do you know, when you go out there, how does the guy know it's 22 supposed to be 27? MR. VERITY: Because we will have that 23 certified, as you see there are some affidavits for the accessory building, but I don't recall 24 this one exactly, but in reference to that, if we have any questions in reference to either height 25 there are certifications in there. There's probably a very good possibility for that there's October 20, 2005 144 1 2 a certification in there as well, the height of that building. 3 BOARD MEMBER DINIZIO: I don't doubt it, but I would not know where to look. 4 MR. VERITY: Same thing, Jimmy, whenever there are conditions set by the Zoning Board, by 5 the Planning Board, whatever other agencies, we will require a certification if we cannot make the 6 determination ourselves from a licensed professional. 7 BOARD MEMBER SIMON: You don't think it would be a good thing to make sure that the 8 building permit, a copy of which is issued to the client, has the correct height written in? 9 MR. VERITY: What we do at that point in time, the plans come back with the correct height, 10 so an application at that point in time -- if the Board thinks that that's a good idea, say, hey, 11 Mike, you know what, you should probably direct your people to do so, I will do that. But I think 12 it's a little silly when you have the ZBA decision stating you can only be at 27 feet, you have an 13 approved set of plans from the Building Department showing 27 feet, and then we can make a statement 14 like this because the application actually said 30, which was an original application, possibly a 15 year or two old, it just doesn't make sense that we could hang our hat on stopping a project 16 because of that. Again, we had other documentation that would rule that out and shows 17 otherwise. Your decision, a filed set of plans by a New York State licensed professional would rule 18 that out. Again, we don't look at every line of that application. There could be a number of 19 errors, somebody said the building is 27.5 feet and it's actually 27.9 feet, and it's not in the 20 zoning conflict, we're not going to question that at that point in time. It's immaterial to us. 21 You have other documentation which I feel and the building department feels and has always felt 22 overruled it; that's the way it's been since I have been here and prior to. 23 BOARD MEMBER DINIZIO: That's the engineer's stamp? That's the plan, here's the 24 house, here's how it's built? eVn TlY: oTf hamses cyropcu,t aon per ZBA our25 request,MRv decision is based as per Mr. So and So's plans, October 20, 2005 `1 145 1 2 and that's what we have. CHAIRWOMAN OLIVA: That's correct. 3 ASST. TOWN ATTY. CORCORAN: And, Mike, your permit will only approve what's reflected in 4 that plan? MR. VERITY: That's correct. A lot of 5 times as much as we can fit on a building permit, we will put on there as per ZBA appeal number, and 6 if we have enough room we will put an engineer's or architect's name on there and even date. And I 7 don't know what more you could ask for. BOARD MEMBER DINIZIO: When you get the 8 CO, you have plans that are what we said it should be, right? 9 MR. 'VERITY: That's correct. BOARD MEMBER DINIZIO: And they're signed 10 by somebody. MR. VERITY: That's correct, and if 11 they're not then they have to address that with you or whatever agency has to come into. 12 BOARD MEMBER DINIZIO: Well, you would deny it. 13 MR. VERITY: Correct. We would deny it and they would have to go back if they didn't 14 ' build it in compliance with your conditions. BOARD MEMBER DINIZIO: So your reliance is 15 on that engineer? MR. VERITY: That's correct, or architect, 16 licensed professional. MR. BRESSLER: Chairwoman, let me finish 17 up with one point on that issue. We would like that corrected, and let me just say I've never 18 heard more double-talk in my entire life. The permit was issued, it's wrong. We brought this in 19 good faith. Mr. Verity tells Mr. Dinizio that he can't be expected to look behind and look through 20 the decision and read the minutes; can Miss Gould be expected to look behind the building permit 21 that had the wrong number on it and go through Mr. Verity's records and satisfy herself that 22 Mr. Verity was going to do the right thing? Everybody has conceded that that permit was in 23 error and it needs to be corrected. And quite frankly, I don't want to hear a bunch of double 24 talk about how you go into the files and you look at 30 other documents. The building permit is the 25 operative document, we've all agreed that it's going to be fixed, let's fix it. October 20, 2005 146 1 2 CHAIRWOMAN OLIVA: Okay. MR. VERITY: Kieran, maybe you can correct 3 me if I'm wrong, but unless I 'm told to by a court, I am not going to correct that. And I am 4 not double-talking. I beg to differ on that. This is the way it's done, this is the way it will 5 continue to be done, and if there is ever a question by an attorney, by an applicant, by a 6 neighbor of an applicant, I would appreciate if that person would come to me. It's easily 7 clarified, instead of hanging up an entire hearing for something that's actually not even worth 8 talking about. MS. GOULD: I did that. 9 MR. VERITY: I don't remember you speaking to me, Jenny. 10 MS. GOULD: I went through the file with Damon. There was no height on the building. How 11 am I supposed to know what the height of the building was? After I filed my appeal, their 12 engineer then put in a piece of paper on August 25th saying it was going to be 27 feet high. 13 There's no way for me to -- ASST. TOWN ATTY. CORCORAN: I'm not going 14 to touch that issue. I think we are all in agreement, and I think the Board feels there 15 should be a permit that incorporates a set of plans that is in accordance with the Board's 16 decision. And that's how the house should be built, and then that's how a CO should be issued. 17 MR. VERITY: Which it does. CHAIRWOMAN OLIVA: Everybody's agreed 18 that both have been settled, then I would like to make a motion to close the hearing, reserve 19 decision -- MR. BRESSLER: We're done waiting for your 20 decision. CHAIRWOMAN OLIVA: We have a meeting 21 next Thursday. It's only a week. So we can word it properly that everybody's satisfied. 22 ASST. TOWN ATTY. CORCORAN: Let's clarify, I don't think that Miss Gould has 'agreed to 23 anything, has she? MR. BRESSLER: No. 24 ASST. TOWN ATTY. CORCORAN: So it's not really a settlement. I think the Board has 25 explored alternative relief with the applicant/builder, and the Board will make its October 20, 2005 147 1 2 decision. MR. BRESSLER: That's correct. By no 3 means do we agree to that. We weren't consulted. We don't agree. You'll make your decision. We 4 think there are less intrusive alternatives, and I think the Board can consider movement in both 5 directions. ASST. TOWN ATTY. CORCORAN: Thank you. 6 BOARD SECY. KOWALSKI: There's a resolution on the floor to close the hearing. 7 BOARD MEMBER DINIZIO: Can I just ask one more question? What do we do about the hole in 8 the ground? BOARD MEMBER GOEHRINGER: Address it after 9 next Thursday. CHAIRWOMAN OLIVA: After Thursday, 10 they'll have the decision. MR. BRESSLER: What I heard is we're going 11 to live with it for a week. So Bollman does it at his own risk. We've lost subjacent support and 12 Mr. Arnoff is aware of what the law about subjacent support is, and if something occurs, 13 then they can do whatever they are advised to do. BOARD MEMBER DINIZIO: I'm concerned about 14 Jenny's house. MR. BRESSLER: That's what I'm talking 15 about. They have cut away our subjacent support. Mr. Arnoff is well aware of what an adjoining 16 property owner can do and cannot do, and he can do whatever he's advised to do. 17 MR. ARNOFF: I just have one comment to make and it's not glib. I resent Mr. Bressler 18 usurping the function of this Board and telling me what is the law as he sees it or whatever, and 19 telling the Board that I've had enough and words of that language that I don't want to hear because 20 that's the province, most respectfully of you. Thank you. 21 BOARD MEMBER GOEHRINGER: I'll second that motion. 22 CHAIRWOMAN OLIVA: All in favor? (See minutes for details. ) 23 24 25 October 20, 2005 148 1 2 3 4 CERTIFICATION 5 6 I, Florence V. Wiles, Notary Public for the 7 State of New York, do hereby certify: 8 THAT the within transcript is a true record of 9 the testimony given. , 10 I further certify that I am not related by 11 blood or marriage, to any of the parties to this 12 action; and 13 THAT I am in no way interested in the outcome 14 of this matter. 15 IN WITNESS WHEREOF, I have hereunto set my 16 hand this 20th day of October, 2005. 17 18 19 20 Florence V. Wiles 21 22 23 24 25 October 20, 2005 ZONING BOARD OF APPEALS : SOUTHOLD TOWN AECFPJED SUFFOLK COUNTY : NEW YORK SER 2 1, 20,05 X In the Matter of the Application of . , • ZONING BOARD OP APPEALS JENNIFER B. GOULD NOTICE.OF'APPEARANCE Concerning premises owned by W. Bruce and ZBA APPEAL #5781 Mary Ann Bollman. An Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent =. " " Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Truman's Path, East Marion, NY 11939, CTM #31-13-4. X SIRS: PLEASE TAKE NOTICE that W. BRUCE and MARY ANN BOLLMAN, hereby appear in the above-entitled action and that the undersigned has been retained as Attorney for W. BRUCE and MARY ANN BOLLMAN, and demands that all papers in this action be served upon the undersigned at the office and post office address stated below. Dated: Riverhead, New York September 20, 2005 Yours, etc., HARVEY A. ARNO F, ESQ. Law Offices of Harvey A. Arnoff 206 Roanoke Avenue Riverhead, New York 11901 (631) 727-3904 '-:.a),.:-'. ' • . , A ZONING BOARD OF P,,-PtALS : SOUTHOLD TOWN SUFFOLK COUNTY : NEW YORK In the Matter of the Application of JENNIFER B. GOULD Concerning premises owned by W. Bruce and ZBA APPEAL#5781 Mary Ann Bollman. An Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Truman's Path, East Marion, NY 11939, CTM #31-13-4. NOTICE OF APPEARANCE Law Offices of HARVEY A. ARNOFF Attorneys for Defendant Office and Post Office Address 206 Roanoke Avenue Riverhead, New York 11901-2794 631-727-3904 To: Signature pursuant to Rule 130-1.1-a Harvey A. Arnoff, Esq. SERVICE OF A COPY OF THE WITHIN IS HEREBY ADMITTED. Dated. Attorney for PLEASE TAKE NOTICE Notice of Entry That the within is a true copy of an duly entered in the Office of the Clerk of the within named court on 2005 _Notice of Settlement: That an order of which the within is a true copy will be presented for settlement to one of the judges of the within named court, at the Supreme Court, , NY, on , 2005 at a.m. Dated: Yours, etc. Law Offices of Harvey A Arnoff 206 Roanoke Ave., Riverhead, NY 11901 Attorney for Defendant C , v 01 � 40" OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: ifn . FROM: q rz.,e. DATE: / y/ /2005 RE: g I )4 /05 Agenda (or 6-7 6/ MESSAGE: ---1-4) Correspondence or related attached regarding the above for your information, • Thank you. Pages attached: / . , #111 ZONING BOARD OF APPEALS : SOUTHOLD TOWN �R SUFFOLK COUNTY : NEW YORK S .2��i. 2005 X In the Matter of the Application of ZONIWd BOAn APPEALS ' JENNIFER B. GOULD NOTICE OF"APPEARANCE Concerning premises owned by W. Bruce and ZBA APPEAL #5781 Mary Ann Bollman. An Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June, 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Truman's Path, East Marion, NY 11939, CTM #31-13-4.' X SIRS: PLEASE TAKE NOTICE that W. BRUCE and MARY ANN BOLLMAN, hereby appear in the above-entitled action and that the undersigned has been retained as Attorney for W. BRUCE and MARY ANN BOLLMAN, and demands that all papers in this action be served upon the undersigned at the office and post office address stated below. Dated: Riverhead, New York September 20, 2005 Yours, etc., HARVEY A. ARNOF, ESQ. Law Offices of Harvey A. Arnoff 206 Roanoke Avenue Riverhead, New York 11901 (631) 727-3904 A-- ( '' , ' ilii- , APPEALS BOARD MEMBERS - ' �jo�� S0045, Southold Town Hall Ruth D. Oliva, Chairwoman 1'�h0 1p • 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer ; * * 1 Southold,NY 11971-0959 Vincent Orlando t ce, Office Location: James Dinizio,Jr. `�0 s•\1'••/�� Town Annex/First Floor,North Fork Bank Michael A. Simone %--- l,Y�,oU V0' 54375 Main Road(at Youngs Avenue) •--— ' Southold,NY 11971 11,,,,,,_,L,__ _____---1 i http://southoldtown.northfork.net ".-1,, I , { :T$bARD'OF APPEALS `1.11!1 SEP _ g 2,�" i- TOWN OF SOUTHOLD I-- E, { z r• ;:7 el. (631) 765-1809•Fax(631)765-9064 September 7, 2005 eic Lsittri Michael J. Verity, Pwtpal Building Inspector Town of Southold Building Department Main Road Southold, NY 11971 Re: September 29, 2005 Public Hearings Building Permit No. 31232-z dated June 28, 2005 (Bollman) ZBA Files No. 5680 (Reopened) and 5781 Dear Mr. Verity: Please be advised that public hearings will be held by the Zoning Board of Appeals at the Southold Town Meeting Hall, 53095 Main Road, Southold, on Thursday, September 29, 2005, commencing at 1:50 p.m. regarding the above application. Notice is given as required by New York Town Law, and enclosed are copies of both Notices (pertaining to the 1:50 p.m. hearing for W. and M. Bollman, and the 2:15 p.m. hearing for Jennifer B. Gould regarding the same permit and project). A representative from your Department is requested to attend and to answer possible questions from ZBA Members during the hearings pertaining to the Building Inspector's issuance of the authorizations under Permit No. 31232-z. Thank you. -- - - — - — ' 'ncerelyouurs,-- - — - - -71 6. (9.9.),Asick., Ruth D. Oliva Encls. (2) Chairwoman f • f e LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 1:50 p.m. RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680, requesting Variances under Section 100-244, and the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove (demolish) and construct a new single-family dwelling: (1) at less than 10 feet on a single side yard, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 6, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA. CHAIRWOMAN • li LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 2:15 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 6, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • U.S. Posta. erviceTM CERTIFIED MAILTM RECEIPT (--1, r9 r- (Dolgeelic Mil Only;No Insurance Coverage P:. .ded) For delivery ® information visit our website at www.usps.com .. � `FNU 94 A L Postage $ 0.37 UNIT ID: 0944 U) r tj Certified Fee 2.30 rig Postmark I=1 Return Receipt Fee 1.75 Here (Endorsement Required) 0 Restricted Delivery Fee Clerk: KTRQ3Y D-' (Endorsement Required) m Total Postage&Fees $ 4.42 10/07/05 I=1 Sent To o The John Gorga Irrevocable Trust N e�oe Apt. Attn: John S. Gorga City,State,ZIP+4 31{3---Wouzl±arrd--AvenuE Manorville • _• PS Form 3800,June 2002 See Reverse for Instructions 'U.S. Postal ServiceTM 1-r1 ,-CEFITIFIED MAIL. RECEIPT C) (Domestic Mail Only;No Insurance Coverage vided) in For delivery information visit our..website at www.usps.come m rruu : '� l�( x#11 1 USE `1:10.37 UNIT ID: 0944 Postage $ Certified Fee 2.30 p Return Receipt Fee Postmark (Endorsement Required) 1• Here Restricted Delivery Fee Clerk: KTRQ3Y Q (Endorsement Required) in p @ 4.42 10/07/05 Total Postage&Fees $ I=1 Sent To Bruce Bollman p $treat,Apt.Na;240 Grange Road or PO Box No. cry,State,ZIP+Southold, NY 11971 U.S.'Postal Servicer. • ° ServiceTM . MAILTM RECEIPT r9 (Domestic Mail.Only;No Insurance Coverage r.•ovided) - 1 m •For delive`hj information visit our website at www.usps.com® ia5Y( , 110020 } ._.L Postage $ 0.37 UNIT ID: 0944 u 7J Cf/ Certified Fee 0 2.30 Return Receipt Fee Postmark (Endorsement Required) 1.75 Here D Restricted Delivery Fee Clerk: KTRQ3Y D' (Endorsement Required) m Total Postage&Fees $ 4.42 10/07/05 Ln o sent?esse Peretz N Street,Apt.No.; T-he 1-ark s�att' inc. or PO Box No. 1 Rockefeller Place, Fl 31 City,State,ZIP+4 New York, NY 10020 PS Form 3800,June 2002 See Reverse for Instructions U.S: Postal ServiceTM ° C>E.RT IED MAILTM RECEIPTf . H (Domestic Mail Only;No Insurance Coverage r.•. vided) For delivery �information visit our website at www.usps.com®. RJLFNI 1 ?4 C* L U S E Postage $ED 0.37 UNIT ID: 0944 E/141 p/ Certified Fee 2.30 O Return Receipt Fee 1.75 Postmark (Endorsement Required) Here Restricted Delivery Fee Clerk: KTRO3Y u (Endorsement Required) 4.42 10/07/05 Total Postage&Fees ul OR SenoTbt o DRobert ;O'Brien N Street,Apt.No.; or PO Box No. PO Box 456 J City,State, Laurel, NY 11948 :rr rr 10/03/2005 11:40 6317659064 ZBA PAGE 05 • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------------------X In the Matter of the Application of AFFIDAVIT OF JENNIFER B. GOULD MAILINGS (Name of Applicants) CTM Parcel #1000- 31 - 13 - 4 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Jennifer B., Gould residingat 1820 Truman's Path,LEast Marion, `: ,New York,being duly sworn,depose and say that: On the -It' day of October , , I personally mailed at the United States Post Office in Greenport 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 °)Assessors,or( )County Real Property Office ,for every property which abuts and is across a public or priv, a street,or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Je nifer B. Gould Sworn to before me this l'day of October 2005 "paUEOSUE NARY PUBLIC,STATE NEWYORK A,�•• % NO.4942�g,SUFFOLK COUNTY (Notary Public) 4l EXPIRES OCTOBER S` 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. T• Es4Ls I , 41/1" 41111 0 ' i �J 1000-031.00-13.00-004.000 Bruce Bollman 240 Grange Road Southold, NY 11971 1000-031.00-13.00-002.000 Robert O'Brien 2074 Route 25, PO Box 456 Laurel, NY 11948 1000-031.00-13.00-005.000 Jesse Peretz The Clark Estate Inc. 1 Rockefeller Place Floor 31 New York, NY 10020 1000-031.00-12.00-015.000 The JOhn Gorga Irrevocable Trust Attn: John Steven Gorga 310 Woodland Avenue Manorville, NY 11949 Y•r ,k 10/03/2005 11:40 6317659064 ZBA PAGE 04 . 1'- J~ 11110 41110 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 20, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, October 20, 2005, at the time noted below (or as soon thereafter as possible): 2:50 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski so JENNIFER B. GOULD 1110 Attorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 October 7, 2005 Bruce Bollman 240 Grange Road Southold,NY 11971 RE: ZONING BOARD OF APPEALS APPLICATION#5781 1755 TRUMANS PATH, EAST MARION,NEW YORK Dear Mr. Bollman: Enclosed herewith please find Legal Notice regarding the above-referenced hearing that has been rescheduled from September 29, 2005 to October 20, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, vi Jennifer B. Gould JB G/lmt Enclosure CERTIFIED MAIL R.R.R. • JENNIFER B. GOULD 1116 Attorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 October 7, 2005 Robert O'Brien 2074 Route 25 PO Box 456 Laurel,NY 11948 RE: ZONING BOARD OF APPEALS APPLICATION#5781 1755 TRUMANS PATH, EAST MARION,NEW YORK Dear Bob: Enclosed herewith please find Legal Notice regarding the above-referenced hearing that has been rescheduled from September 29, 2005 to October 20, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, • Jennifer . Gould JBG/lmt Enclosure CERTIFIED MAIL R.R.R. . , • so JENNIFER B. GOULD 414 • Attorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 October 7, 2005 The John Gorga Irrevocable Trust Attn: John Steven Gorga 310 Woodland Avenue Manorville,NY 11949 RE: ZONING BOARD OF APPEALS APPLICATION#5781 1755 TRUMANS PATH, EAST MARION,NEW YORK Dear Mr. Gorga: Enclosed herewith please find Legal Notice regarding the above-referenced hearing that has been rescheduled from September 29, 2005 to October 20, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, t& J Jennifer B. Gould JBG/lmt Enclosure CERTIFIED MAIL R.R.R. . . JENNIFER B. GOULD IIND - SOAttorney-at-Law 210 Main Street P.O. Box 177 Greenport, New York 11944 Telephone Number: 631-477-8607 Fax Number: 631-477-2601 October 7, 2005 Jesse Peretz The Clark Estates Inc. 1 Rockefeller Place Floor 31 New York,NY 10020 RE: ZONING BOARD OF APPEALS APPLICATION#5781 1755 TRUMANS PATH, EAST MARION,NEW YORK Dear Jesse: Enclosed herewith please find Legal Notice regarding the above-referenced hearing that has been rescheduled from September 29, 2005 to October 20, 2005. If you have any questions please do not hesitate to contact me. Very truly yours, t.'' ) Jennifer B. Gould JBG/lmt Enclosure CERTIFIED MAIL R.R.R. RE-CEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK OCT 1 9 2005 x In the Matter of the Application of ZONING_So4lro.OF APPEALS JENNIFER B. GOULD—APPEAL #5781 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-31-13-3 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Jennifer B. Gould, residing at 1820 Truman's Path,East Marion,NY 11939, being duly sworn, depose and say that: On the 12th day of October, 2005, 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 that date of the subject hearing date, which hearing date was shown to be October 20, 2005. q (Si ature) S , oil to before me this/9 h day of October, 2005. - fig -- � i Veronica F. Cidone Notar - - --- y Public, State of New York Notary Publ. No: 52-4661406 Qualified in Suffolk Count Commission Expires Dec.31,� * near the entrance or driveway entrance of my property, as the area most visible to passersby. -E k• ; •u-- E . • • _ 611•IM•,TI»1i►14S• ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X / /' /_, ❑Agent MI Print your name and address on the reverse LI ❑Addressee 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 mailplece, or on the front if space permits. 1. Article Addressed to: ®N D. Is delivery address different from item 1? 0 Yes ®� �,s If YES,enter delivery address below: 0 No Bruce Bollman /B� ISO- 240 Grange Road 0, ,mei 1 N Southold, NY 11•7g4 W u e 3. Service Type 33)Eertifled Mail 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number i 7005 0390 000-5- 8230 3159 (Transfer from,service label) PS Form 3811,February 2004Domestic Return Receipt 1, ',1' 102595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 USPSPostage&Fees Paid Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 ..�.�•",' 11lll�llll'�lllllltlll• -1A►I•]ai:i;GZ•7+ialgiii ri igidgyrrWeiTT111411:1MWSICO rMI•74111V c' • Complete items 1,2,and 3.Also complete A. Signature/ item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse ° ❑Addressee so that we can return the card to you. B. Rete ed by Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, Lt 1 /I,i1� l� or,on the front if space permits. f�/7' D. Is delivery address different from item 1? 0 Yes 1. Aiticie Addressed to: If YES,enter delivery address below: 0 No Jesse Peretz The' Clark Estate Inc. 1 Rockefeller Place Floor 31 3. Service Type New York, NY 10020 Et/Certified Mail ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. Restricted Delivery?(Extra Fee) 0 Yes 2. Midi —_ (Trans PS For — i 595-02-M-1540' UNITED STATES POSTAL SERVICE 10111 First-Class Mail Postage&Fees Paid • USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 i S:0 i I!!11!!fIfIiil!!!I1111111t1I!!1!l11111111111il1111111111!l1111 DER: COMPLETE THIS SECTION.' COMPLETE THIS SECTION ON DE r R' ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. gAgent • Print your name and address on the reverse - Addressee so that we can return the card to you. / B. Recely by,(Printed Name) C:Dat of D livep! ■ Attach this card to the back of the mailpiece, JC 10 j l ,�� or on the front if space permits. V D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Robert O'Brien _2074 Route 25 PO Box 456 Laurel, NY 11949 3. Service Type MICCertified Mall ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service i ' 7:005 0392 0f005, ,8230 3166 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVIC€ p N D __ ..First-Class Mail r- -- \�L \ Postage&Fees Paid cu PM — USPS__ "_ --;Permit No.G-10 — ii a f 4 • Sender: Please print11\ rgtay(ddress, and ZIP+4 in this box • Jennifer B. Gould, Esq. POBox 177 Greenport, NY 11944 i; l:4+01, 1fJlIhltI1111I„1„]lIItlIIimilIII$,fIL„11f+H1„1„1,ri • NJTECII- HEMR! NG The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: . ' AME : GOULD , JENNIFER B . #5781 MAP # : 31 - 13-4 ( 31 - 13-3) APPEAL : W. & M . Bollman - Permits FEQUEST: Revocation of BP 37232-Z DATE : THURS . , OCT. 20 , 2:50 PM 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 . LONIN.G BOARD-TOWN OF SOUTHOLD 765- 1809 /�� ice. „ % ,�, I ANXpFS01j1ka _` ELIZABETH A.NEVILLE '` 4 Town Hall, 53095 Main Road TOWN CLERK 1 * iNg P.O. Box 1179 co c€REGISTRAR OF VITAL STATISTICS ,r % Southold,New York 11971 MARRIAGE OFFICER aQ 1$� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ., l /i� Telephone (631) 765-1800 1 FREEDOM OF INFORMATION OFFICER 'yC'U +�� southoldtown.northfork.net ... _l OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: August 25, 2005 RE: Zoning Appeal No. 5781 Transmitted herewith is Zoning Appeals No. 5781 -Jennifer Gould-Zoning Board of Appeals application for variance. Also included is letter from Jennifer Gould dated August 23, 2005; application to the Zoning Board of Appeals; letter from Jennifer Gould dated August 23, 2005 (two pages); building permit number 31232Z; building permit application dated August 16, 2004; field inspection report re: permit 31232; letter from James Deerkoski, P.E no date; letter from August 16, 2005 re: permit 31232Z; area variance reasons; reasons for use variance;project description; ZBA questionnaire; Applicant transactional disclosure form and survey of property. • J. L_ JENNIFER B. GOULD Attorney at Law 210 Main Street • P O. Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 1 AUG 2 3 2005 '�� A ugust 23, 2005 ��1�113!x s ,Fo OF �iF�3£A .._. Zoning Board of Appeals (ZBA) Town of Southold PO Box 1179 Southold,NY 11971 RE: Appeal from Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. Dear Sirs and Madam: Enclosed please find the original and 7 copies of my application in the above matter and my attorney's check in the amount of$400.00 for the filing fee. Very truly yours, 6--d) voA oennifer B. Gould Enclosure cc: Eric J. Bressler,Esq. JENNIFER B. GOULD Attorney at Law 210 Main Street • P 0 Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 August 23, 2005 Zoning Board of Appeals (ZBA) Town of Southold AUG 2 3 2005 PO Box 1179 5-11(i Southold,NY 11971 • ZONING BOARD OF APPEALS RE: Appeal from Decision of Building Inspector to issue Building Permit No. 31232 Z dated June 28,2005 and the subsequent Amendment of Building Permit 31232 Z to remove and replace the entire foundation at 1755 Truman's Path, East Marion,NY 11939 in contravention of the ZBA's decision in Appeal No. 5680. Dear Sirs and Madam: I am the owner of 1820 Truman's Path,East Marion,NY(SCTM#1000-31-13-3). This letter is an appeal from the Building Inspector's decision to issue permit 31232 Z- 1) approving a building height of 30 feet; and 2) amending permit 31232 Z to replace the existing foundation. A copy of the survey of my property is enclosed. My property is adjacent to 1755 Truman's Path,East Marion,NY (SCTM#1000-31-13- 4) owned by W. Bruce Bollman. This property was the subject of ZBA Appeal No. 5680 in which a decision was filed on May 25, 2005. On June 28, 2005, Patricia Conklin, Plans Examiner, issued Building Permit No. 31232 Z for demolition and reconstruction of a new single family dwelling per ZBA Decision #5680 &Trustees Permit for the above-referenced Bollman premises. Copies of Permit No. 31232 Z and the underlying building permit application are attached. 1) Height of Structure The application for building permit received June 22,2005, should not have been approved by the Building Inspector because it states that the height of the new construction and alterations shall be thirty (30')feet. This does not comply with the Board of Appeals decision filed May 25, 2005, in Appeal No. 5680, in which the height of the new construction was reduced to a maximum height of 27 feet to the highest peak. 2) Foundation Replacement On or about August 5, 2005,the existing foundation at the Bollman premises was completely removed on an alleged verbal ok from Ruth Oliva on August 3, 2005, according to Patricia Conklin, Plans Examiner, and comments contained in the"Road Sheet" attached to Permit No. 31232, a copy of which is enclosed. Removal of the entire foundation was not authorized by the ZBA decision in Appeal No. 5680, and can not be i ' modified by an alleged verbal communication from a single member of the Board. Rather, Mr. Bollman should have made application to amend the ZBA determination . On or about August 9, 2005, Patricia Conklin, issued an amendment to Permit No. 31232 Z permitting the complete removal and replacement of the foundation at the Bollman premises, on the grounds that the existing foundation originally certified as adequate by James J. Deerkoski in June 2005, is now deemed unsafe because it is crumbling and extends only 16 inches into the ground with minimal footing underneath. See letter from James J. Deerkoski dated August 9, 2005, and John Bertani's letter dated August 16, 2005, copies of which are attached. The Board of Appeals in Appeal No. 5680 did not authorize replacement of the entire foundation at the Bollman premises. On or about August 18, 2005, excavation of the Bollman premises commenced. The excavation is approximately 10 feet deep with a 90 degree vertical over cut of approximately 5 feet surrounding the original foundation, extending into the Coastal Erosion Zone. The over cut is approximately one foot from my property line, exposing the roots of my bushes along our common boundary line. • During the ZBA hearings in connection with the Bollman variance, I relied in good faith upon representations made by John Bertani in the form of letter notices with attached surveys (March 7, 2005 &April 14, 2005),written communications (March 31, 2005), testimony on the record(March 31, 2005 and May 4, 2005), and conversations in my living room(April 9,2005),that the existing foundation would be retained and was sufficient to support the proposed new construction with a second story addition. The fact that the applicant's engineer was apparently in error in certifying the adequacy of the existing foundation should not allow my neighbor to entirely transform the basis of the original variance application and issuance of subsequent building permits into an entirely different project, at my expense. I respectfully request that the Board of Appeals revoke Building Permit No. 31232 Z and all subsequent amendments. . Very truly yours, or ifer B. Gould , Enclosure RECEIVED AUG 2 3 2005 1 60 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS p `� �� For Of we Use Only Fee:$ 400, Filed By: a�b luQ GI :�, � 'I3nte�,Alti1t �_ - �; 6 to a,3of ; a - y? N Office Notes: /^ AUG 2 3 20n5 c pp b cu rl+ s � a d rf� Parcel Location: House No. 1820 Street T nan6sAPattl�APPEALS Hamlet East Marion SCTM 1000 Section 31 Block 13 Lot(s) 3 Lot Size 7410 s.Zone District R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: .- : I a _. , ., I I •..ection with Building Permit No. 31232 Z issued to W. Bruce Bollman for 1755 Truman's Path, East Marion 1000-31-13-4 Applicant/Owner(s): Jennifer B, Gould, applicant for this appeal Mailing PO Box 177, Greenport, NY 11944 Address: Telephone: 631-477-8607 , 631-477-2601 NOTE: If applicant is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Eric J. Bressler, Esq. Address: PO Box 1424, Mattituck, NY 11952 Telephone: 631-298-8353 tpt.,K; 631-298-8565 Please specify who you wish correspondence to be mailed to, from the above listed names: [kApplicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Building Permit 0 Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other' Appg,a1 frnm Riii lding Tngpe.r•tnr'S r1Pr-i Ginn Fn i RR11P permit 312327— 1 )1 approving a building height of 30' and amending permit 31232Z to replace the foundation. Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection • --- — 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 E Reversal or Other ___ e. e e_ • _e • ea _ a. - - -.• ents thereto A prior appeal❑has❑has not been made with respect to this property UNDER Appeal No.,_5.6spYear 2005 • • 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. 31232 Z Date JUNE 28 , 2005 Permission isherebygranted to : W BRUCE BOLLMAN GRANGE ROAD SOUTHOLD,NY 11971 for : DEMOLITION & RECONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA DECISION #5680 & TRUSTEES PMT. at premises located at 1755 TRUMANS PATH EAST MARION County Tax Map No. 473889 Section 031 Block 0013 Lot No. 004 pursuant to application dated JUNE 22 , 2005 and approved by the Building Inspector to expire on DECEMBER 28, 2006 . Fee $ 874 .40 Authorized Signature COPY RECEIVED Rev. 5/8/02 AUG 2 3 2005 • TOWN OF SOUTHOLD BUILI 3 PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT — Do you have or need the follo ing,before applying? i TOWN HALL JAN 18 Board of Health SOUTHOLD,NY 11971 4 sets of Building Pl s TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southold/ PERMIT NO. 31,,I3o2 Check s, Septic Form N.Y.S.D.E.C. I Trustees Examined ( a4',2(n • Contact: Approved s /Io 712(YJ Per/J,1 - - - -� Mail to: Disapproved a/c 2/3j` Phone: Expiration G�` 0 20 ,� uilding Inspector (, cc-, 1' '' y U t�� •1\r"--. �' PLICATION FOR BUILDING PERMIT wN ---------r:____ � Date t to , 20Z ... 1:.10 3 �- � t Q INSTRUCTIONS � a. T,'s a. ;% ion MUST be completely filled in by typewriter er in ink and submitted to the Building Inspector with 3 sets of plan4 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. Uhn 13e-r' , 13 U lde rT c--1 (Signature of applicant or name,if a corporation) 1Z E-0 Ocacc,0oa On Lit_, cJ u-4, 1, (Mailing address of applicant) /l.l� f(q 71 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 6e,ncra-l CSM`i-ro-c 1- Name of owner of premises Li.) . +"vrucc.2, r3 I 1 m a (As on the tax roll or latest deed) If applicanis a corporatio', signature of duly au horized officer 9,b, t_n l�2• ,�4 , v,iY ame and title of corporate officer) Builders License No. / /-I-: ,_ Plumbers License No. , , REC W D Electricians License No. Other Trade's License No. AUG 2 3 2005 1. Location of land on which proposed work cill be done: 1 )Sr- u.rncLa.o POOLL-- EG-P- (7)u.riv�- House Number Street Hamlet County Tax Map No. 1000 Section 3 ( Block 13 rlOttgli Subdivision Filed Map No. k oll tO elst2,:ilctarrto (Name) iu'�v� lit .6 .....m.0S.t IOU seiigx,rnneT r 2. State existinguse and occupancy of premises and intended use and occupancy of prorwed'construction:' ' a. Existing use and occupancy O f\e- {zj.rc I k` cL W-e,l t I n U o b. Intended use and occupancy 6n e.,_ cn,.rn c u d_L G1,k vag C 3. Nature of work(check which applicable): New Building './ Addition I' Alteration ' Repair_ ! Removal Demolition I Other Work (Description) 4. Estimated Cost 47.c ?-001 6 0 a Fie, „. „ ' t)I t t `�' r (To b'e Sid on filing this application) 5. If dwelling, number of dwelling units ( Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front act. / Rear al. s' ' Depth qo ' Height 1() Number of Stories I Dimensions of same structure with alterations or additions: Front 0-q . c Rear act- (- Depth_ q7. .r Height Number of Stories _, 8. Dimensions of entire necw construction: Front aq -'c- Rear �c, i Depth Li . .. Height Number of Stories �- 9. Size of lot: Front 57) Rear 50.(o'7 Depth o2 010 .0 J7 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated k ed id,✓1 1-,„_,f 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO /Will excess fill be removed from premises?YES NO �6,,ApA- �j /(qyy 14. Names of OWner of premises LO-& Lee- I o I I m°'Address cod-- (fle ( m t Alone NO. ' -0 0. - Name of Architect )(din,/LLLnthrr/6P.re.ko.l b:Address 6r o(t All' Phone No -I (I?) ,v? 6-71i Name of Contractor(,e9-j).n, Address /ate O dttAlS L4' Phone No. 61-i .( q J(Acrit9 1 - 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES V NO * IF YES, SOUTHOLD 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. J.,e_C_ -6ht-d- 16. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) r SS: COUNTY OF&c fc)I 0 . &Linde— jO. acrfa./1 c being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, • (S)He is the Cog+'a_c_ /_ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true ib he best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed thee'with. Sworn to before me thi t1 day '('of - 0 20 0(4' (/ \t e ', ♦ \Y}J VVV ei_ja,...A.___________ k.ary Public Signature of Applicant BONNIE 1.DOROSID i1-------------N°.------°11)°6'-- 0 Notary Public,State Of Newyork 95325,Suffolk unq53121.7020 r FIEL151 ;;;TION INECTION REPORT r DATE COMMENTS FOUNDATION(1ST) 0) y Y i- 2..Z FOUNDATION(2ND) V d O I ROUGH FRAMING& 1y PLUMBING Z 0 -D til INSULATION PER N.Y. 1-3 STATE ENERGY CODE FINAL D • 3 ADDITIONAL COMMENTS Q o11 - f-u °.e-^--' rC-Arn-famc4tr-C.P. 4-4--"-e- Pe-re; (7- 4--,-~4"----Ize'(' 72"19- 2 OMCA -,--44--etc-11 il--( 4,,,. 'z / a 11 ..e. 7-- / , - :' 4-667.4_,CCZfru.- ills giellr_f4.{44-ge fividatdo /714,(- --4-5--r4"4-4- a-"'--cA'vr'eA-11"`"6. , ii 0 7frA fii'vN. ii.6~.. A..e - ,1:;t4 • (4?-,14•4644"N o � r'eCy'E,PVEL Atli *.ti AUG 2 3 2005 L m 31 a3 r„ JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck,N.Y. 11952 (631)298-7116 To: Town of Southold BuildingDept. • �� M1 ; nn t, ,, ,, t ,� 11 9 200 1EJ• Re: Unsafe Foundation _;.a�V o I Bollman East Marion,NY To Whom It May Concern: . After a foundation inspection at the above mentioned property, the existing foundation is crumbling and only 16"in the ground with a minimal footing underneath it. This makes the foundation unsafe to build upon. Any questions feel free to call. 11* g'tP J.Dere a�0 , .J ?p, Sin -rely Nth 4. . �A�,o• 07 ,f. James . 1�-er oski • F�SSI�1 ' RECEIVE AUG 2 3 2005 ZONING BOAFlD OF APPEALS • • • John Bertani Builder Incl ,;;~' / 1380 Oakwood Drive ! i _1G 17 2005 (s_ Southold, N.Y. 11971 (631)765-1594 `. e. :•:s,,; , ,,::OLD FAX(631)765-3916 • -� August 16,2005 Bollman-Permit No.31232Z Southold Town Building Department To Whom It May Concern: • At the request of Pat Conklin, this letter is written to show the sequence of events leading up to the request to amend the above permit. We removed the foundation plantings at the Bollman residence in preparation to remove the existing home. While we were in the process of dismantling the house, we ' noticed cracks starting to appear in the foundation. Upon digging down,the foundation was found to be less and two feet below grade. We asked James Deerkoski PE to examine the foundation and he found that it would not be structurally safe to hold the new building. He has furnished your office with a report of his findings. As per his advice we requested an amendment to the existing permit to replace the foundation in the exact existing location. Sincerely, 9-01\-*-- a:AP John A. Bertani President • JAB:lb • �I r1.1 5 • • r---% el Page 2 of 3 - Appeal Application o- QPPi "Cu low • Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) day of-- -2DD . - — ---- (Notary Public) ZBA App 9/30/02 Crd1 RECE• AUG 2Page 3 of 3 - Appeal Application 3 2005 )zoRi!fin 5 1 k • ,•F• APPEALS • Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA- VARIANCE-STANDARDS:--(Please-consult your attorney.) Otherwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) day of , 200_. (Notary Public) ZBA App 9/30/02 , i f/ PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Pot 0 PP 1 (cob Le_ I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 n ' p AUG 2 3 2005 , v Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. km-t a PP 1, rof(Oki_ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes ❑No B. Are there any proposals to change or alter land contours? ❑Yes ❑No C. 1)Are there any areas that contain wetland grasses? 2) Are the wetland areas shown on the map submitted with this application? 3)Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state"n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel and proposed use Authorized Signature and Date — — l41J5LF Aur, LS2005 � • r.APPLICANT • TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide infonnation, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 0cu1d 1 i ' 13r 6 , (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", ,' ivO-4,0 /1 moot, f 6O 1(d,�I r name the activity: Q �l �i"�� _Los. '-br o' '+J sS u '✓ICS c' nd a Wipod i/)i '(.. '31z �✓ �. Za 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% of 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) 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,_pa'rtner, or employee of the applicant. or _____ D)the actual applicant. DESCRIPTION OF RELATIONSHIP R iZ' 9A AUG 2 3 2005 -a Arc i�S� 2005.O I Submitted this o day of il 0 Signature: 444114-4 41/1 i/JJ �— Zp fl€Nc, joArio or appetiLs Print Name. C-'►� E. Got,,L&L., • SURVEY OF PROPERTY .• SITUATE: EAST MARION N 10141: SOUTHOLD SUFFOLK COUNTY, NY W ek s E SURVEYED 03-30-2005 .c� / C SUFFOLK COUNTY TAX # �O §1 1000-31-I3-3 ' I'r s 9 0� CERTIFIED TO: 09 0 John C.Williams 9• S Jennifer B.Gould Commonwealth Land Title]Insurance Company 0 4�N �O .nvDO� • I W 6V c * (� o ds ON, P� c,✓ 6, 0 Of 9; • 1.16'ScG o Fw,\ 5 • • X00 • N �n Ca _ 2mPF a �° L�A V x. — I • +e 13 i +Fec° V 9 m C-11 aye • N,,c, %�� . a p 4 F G O V T �o \ . ., O F L eye •\\ N -5IVy o �o Fra, x« 4 ' \ 3 9�9 a� \ o^ ` ' o • J V ' J� oii, 4 0401, • ., j \ occ y Sys LD ,P` - -OF P\ / �a P fi1111: t' • 0 ,o ^ ,� °S*L kJ° 0 PFr - .„.• ��' �� 0 mase vog' ° �G y 9.5o patio a'o''' \ $. �� ,z3 ow ooa 0 �a \• tiS Hca lb%�jI �0J \ SPC P Fo see% AS �P • u/ __ . 36 d 74, % o o �-- 0. �,q-z ,`( ..-, ' /.6.)(1 mop boating n i ene.,,,.,,„„,,,z..cite,alien ihvl odatIon M1wvnw ouul is ((( ){r v\3- $ f'S -S In�olun, r sauna�Jr/'aur rr vl5�m ut t,. t� � I" � ^. i Stutr Eur utir��I n.� A ,-,,,,A, „, •emu copms rro�n n onyinel or tris,n,rv..,, id mo u a ¢n n o-6j n of .lona mrv.yor. NOTES: t ,nstooped seas shall to Go,�,�erea to ba voila true i Tapir,• � � /j)) -Le-rt,Orotlons ear.ole.�hereon s jnIfy bot tin, IN, "n'J ` survey nos proper..In accordance alba the e. • MONUMENT FOUND h , .� �' StYg Gado pra tI e ,Surveys o.aptaa p by the he.r York State nssociotbn of ProfassIonal �^ Lona Surveyors Sold certInsatlom.shall run only 1%� \ �' to the person for nhom the survey Is prepored, i Li Jnr, and on ms beholr to the title comp°Al governmen- tal 1/2 STORY FRAME HOUSE ROOF `' tal agency melend ng Institution listed horror and to the a55t5nees of the lending institution Lertlrlco- PEAK AT 20.5' ABOVE AVERAGE GRADE tbr3 orae not transferable to additional bstitutIon6 AREA = 1,410 S.F. or O.I-f ACRE , JOHN C. EH. LEI! S L A :'< ,'♦i1 S�1J i1,, v 1L • ' 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPH I G SCALE 1"= 20' . RIVERHEAD,N.Y. 11901 1 MIMIIIIIN �� -- 411 - 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\05-147.pro - 4/6n003 423,stvf ,in serverVn 5b5-14ioro . Town Of Southold • P.O Box 1179 Southold, NY 11971 n * * * RECEIPT * * * Date: 08/24/05 Receipt#: 6735 Transaction(s): Reference Subtotal 1 1 Application Fees 5781 $400.00 Check#. 6735 Total Paid: $400.00 Name: Gould, Jennifer B P 0 Box 177 Greenport, NY 11944 Clerk ID: BONNIED Internal ID 5781 c.� ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/23/05 ZBA# NAME CHECK# AMOUNT TC EKY . P 5781 GOULD, JENNIFER 6735 $400 AUG 2 4 2005 (OPPOS. BOLLMAN) Southold Town cleat TOTAL $400 By LK Thank you. (-14' s t-d4 COUNTY OF SUFFOLK 08 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING September 27, 2005 RECE_._ 1,' ED' Ms. Ruth Oliva, Chair OCT 4 2005 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 ZONING BOARD_OF APPEALS Dear Sir: 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 a disapproval. Applicant(s) Municipal File Number(s) Bollman,W. Bruce 5680 Angelson, Marilyn 5717 Milone, Patricia 5718 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc G\CCHORNY\ZONING\ZONING\WORKING\CHRISLDWPR\BR#11 APR LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516)853-4044 -toPS i/'' d,ect-5-19A pF SOU s„ Town Hall,53095 Main Road * Fax(631)765-9502 P.O.Box 1179 cpTelephone(631)765-1802 Southold,New York 11971-0959 .. e of ., •... 0, AUG 3 0 2005 BUILDING DEPARTMENT TOWN OF SOUTHOLD ZONING BOARD OF APPEALS August 29, 2005 Certification of Chief Building Inspector to Zoning Board of Appeals RE: Premises at 1755 Truman's Path, East Marion, N.Y. 11939 SCTM# 1000-31-13-4 With reference to the above property, I am in receipt of the appeal of Jennifer B. Gould, Esq., appealing the issuance of Building Permit#31232-Z, issued on June 28, 2005, on the grounds that the issuance of the permit is in violation of the Zoning Board of Appeal's decision in appeal #5680, issued May 12, 2005. I hereby certify to the ZBA that a stay of proceedings halting work on this project in its current state would, in my opinion, potentially cause imminent peril to life and/or property, for the following reasons: 1. A recent site inspection revealed an excavated site, as per permit#31232-Z, which itself is environmentally unstable and when exposed to normal weathering conditions, could result in property damage to the adjoining properties. 2. The excavated area, because of its close proximity to adjoining properties, poses an imminent threat to public safety in its current state. For the aforementioned reasons, the automatic stay pursuant to Town Law 267-a(6) shall not continue in effect, on the condition that the applicant either: A. Fill and secure the work site, at the applicant's expense; or B. Continue with the project pursuant to the Building Permit, but only to the extent of the foundation, with the understanding that any work is subject to the instant appeal and approval for such work may be overturned. As such, applicant assumes the risk, financially or otherwise, proceeding with completion of the foundation. S ® t ZCM% dF 1 Michael J. Verity Chief Building Inspector KIERAN M.CORCORAN Notary Public,State of New York No.02C06119838 Qualified in Suffolk County Commission Expires December 6,20Q� v.l.��iijSY"tii��li x In the Matter of the Application of Jennifer B. Gould Appealing the Building Inspector's Certification Dated August 29, 2005 and Requesting a Restraining Order to Continue the Automatic Stay in Gould Appeal No. 5681, under NY Town Law Section 267-a(6) AFFIDAVIT x ROBERT E. WALDEN,being duly sworn deposes and says: 1. I am over the age of 18 years,reside at 331 Wiggins Lane, Greenport,NY, and am not a party to the above-entitled proceeding. 2. On September 1,2005, I served the within Application to Appeal the Certification dated August 29, 2005 by Michael J. Verity, Chief Building Inspector and request that the Board of Appeals Immediately grant a restraining order to continue the automatic stay pursuant to Town Law Section 267-a(6) in Appeal#5781 upon W. Bruce Bollman personally, at approximately 2:45 PM at 208 Main Street,, Greenport,NY 11944. 3. I describe the person I served as follows: Sex: male Skin Color: white Hair Color: gray balding Height: 6 feet Weight: 190 lbs Age: 61. Military Status: Based upon information and belief of party served, W. Bruce Bollman is not in the military service of the United States. ROBERT E. WALDEN r rn to before me this O day of September,2005. J CE iNotary Public SEP m 7 2005 JANET E.STAPLES :ZONING G__ APPEALS Notaryfublic;State of New York No.4831949,Suffolk Coun ` Commission Expires July 31,20 0c . x • In the Matter of the Application of Jennifer B. Gould Appealing the Building Inspector's Certification Dated August 29, 2005 and Requesting a Restraining Order to Continue the Automatic Stay in Gould Appeal No. 5681,under NY Town Law Section 267-a(6) • AFFIDAVIT x ROBERT E. WALDEN,being duly sworn deposes and says: 1. I am over the age of 18 years, reside at 331 Wiggins,Lane, Greenport,NY, and am not a party to the above-entitled proceeding. 2. On September 1,2005, I served the within GRANT OF RESTRAINING ORDER TO CONTINUE STAY in Appeal#5783 upon W.Bruce Bollman personally, at approximately 3:10 PM at 208 Main Street, Greenport,NY 11944. 3. I describe the person I served as follows: Sex: male - Skin Color: white Hair Color: gray balding Height: 6 feet Weight: 190 lbs Age: 61. Military Status: Based upon information and belief of party served, W. Bruce Bollman is not in the military service of the United States. ROBERT E. WALDEN _ ,orn to before me this on day of September, 2005. Notary Public RECEIVE SEP ® 72005 JANET E.'STAPLESo�a�� A �o c� APPEALS Notary 8u ic,Stole of Now York w-•F ,�. No.48349,alCoun wrnn*sion ExPres'July 31,20127 r x In the Matter of the Application of Jennifer B. Gould Appealing the Building Inspector's Certification Dated August 29, 2005 and Requesting a Restraining Order to Continue the Automatic Stay in Gould Appeal No. 5681,under NY Town Law Section 267-a(6) AFFIDAVIT x LINDA M. TONYES, being duly sworn deposes and says: 1. I am over the age of 18 years,reside at 1605 McCann Lane, Greenport,NY, and not a party to the above-entitled proceeding. 2. On September 1, 2005,I served the within Application to Appeal the Certification dated August 29, 2005 by Michael J. Verity, Chief Building Inspector and request that the Board of Appeals Immediately grant a restraining order to continue the automatic stay pursuant to Town Law Section 267-a(6) in Appeal#5781 upon Jayne Martin, a person of suitable age and discretion and authorized to accept service on behalf of the Zoning Board of Apppeals, at approximately 12:10 PM at the Zoning Board of Appeals office located in the Southold Town Annex, Youngs Avenue, Southold,NY 11971. 3. The person I served identified herself as Jayne Martin, and I describe the person I served as follows: Sex: female Skin Color: white Hair Color: blond Height: 5'4" Weight: 125 lbs Age: 50's approximately Military Status: Based upon information and b- of o party .- =d,Jayne . •. in the military service of the United States. /I ''/ "."11141110i ..INDAM TONYES ill •iigke Swo to befor-i s « day o S�tember, 2005. JOSEPH L.TOWNSEND JR. FrEPVED Notary Pubtic, State of New York Oual. Suffolk County No. 9366335 SEP m 7 2005 Commission Expires Feb. 28, 20 67 ' ZoRld G BoA o OF APPEALS , • 41. x In the Matter of the Application of Jennifer B. Gould Appealing the Building Inspector's Certification Dated August 29, 2005 and Requesting a Restraining Order to Continue the Automatic Stay in Gould Appeal No. 5681, under NY Town Law Section 267-a(6) AFFIDAVIT x LINDA M. TONYES, being duly sworn deposes and says: 1. I am over the age of 18 years, reside at 1605 McCann Lane, Greenport,NY, and not a party to the above-entitled proceeding. 2. On September 1, 2005, I served the within Application to Appeal the Certification dated August 29, 2005 by Michael J. Verity, Chief Building Inspector and request that the Board of Appeals Immediately grant a restraining order to continue the automatic stay pursuant to Town Law Section 267-a(6) in Appeal#5781 upon Georgia Rudder, a person of suitable age and discretion and authorized to accept service on behalf of the Southold Town Building Department, at approximately 12:05 PM at the Southold Town Building Department located in the Southold Town Annex, Youngs Avenue, Southold,NY 11971. 3. The person I served identified herself as Georgia Rudder, and I describe the person I served as follows: Sex: female Skin Color: white Hair Color: brown/gray Height: 5'4" Weight: 135 lbs Age: 55- approximately Military Status: Based upon information and bel'- ; 'arty ed,Georg' : I:- is not in the military service of the United States. ---- ----i -�' d �• - -4, , DA M. TONYES Swo to before me '. _ @. "f September, 2005. r ' 1F : h JOSEPH L.TOWNSEND JR. SEP7 Notary Public, State of New York o 200 Qual. Suffolk County No. 9366335 Commission Expires Feb. 28, 2067 Ni1I A lislo The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : GOULD , JENNIFER B . #5781 MAP # : 31 - 13-4 (37 - 13-3) APPEAL : W. & M . Bollman Permits FEQUEST: Revocation of BP 31232-Z DATE : THURS . , SEPT . 29 , 2 : 15 PM 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 SOUTHOLD 765- 1809 t— . 5j7(..ottie.."(4.. CP uNLf[55 DRAWN OTNER915E, ALL PROPERTIES NOTICE ,o�".c,r4'4' COUNTY OF SUFFOLK K 021 ro►H OF SOUTHI -N ARE WITHIN THE FOLLOWING DISTRICTS. ,4 m.Real Property Tax Service Agency Y 170 vLLAOE OF --R--- SCHOOL 2,10 SEVER ►►D MAINTENANCE,ALTERATION,SALE OR °y- 031 FOE 26.11 HYDRANT DISTRIBUTION OF ANY PORTION Of THE IA. ) g.; County Center Riverhead,N Y 11901 HST MAT 41.40 CATER SUFFOLKCOUNTY TAX MAP IS PROHIBITED .,; L P!verb M -,,,,,:;.1::--'`,::?„,r;,. u• .. -s. - OISTOOT 00 .ir .Fa: Y. ,'e..».�T _ r'4C" l_1x' . ... . S� + '$Y'Si ?"'.f . J- w4 "��4. . ...o ,� H SEE SEC.NO.022 V' MATCH LwE a �61�" HATCH z UNE z 6 161�p L� 1v. a SEE SEC.N0. \\ 'S PECONIC LAND TRUST 1 ,s 1' �" a 022-03-018.8 tL ri? 4 �0•,0) e s W 610 a • ,u A O 41 4 tiA ~, s is �14 A sY L2 44 6 \ i 4 21 14.3AIG 5�p ! ti '9 b y. tr �.1`L 5 A ''''''S°1'. 69 V. �� 1.11101 § 6 A° O 1Up CT\ "T v e Aii, l,P101 8 ON /, vs 2. 6 ,p, fp`' :0\`' 1up T' /a 28 O n QQ• k SCH00 t A 0, i t i b ,n t 32 M 1 1S .d' . W6 1 e.O.Co D t 3 A312.511 111013 y 1OAIc) n 41110$1i 100 s s TO�HSw'" d �\� �}30.31.61101 •T w wuT as' y 0,' +, 4 '°tea o 1� z9 , MAIN z, 4 y. 9 16.6 n��® to p^ IN 1vat.width) IN $L8. n 5. 1 ° Ory ., 4. qA • sri to 2 ,,C.> ti p S i l9 a 9 104,04'' fi TI. '� 6\Ol ,,, b m s 9 - 5.1 5}p to 0p\0\ 4 eIiii I1 2.SA 10'6' • 1 '`� 4 4 l a ' go 141' Ntd Ye x, 14 Q. 0 0'Ai y 'L •�f, 1.lAlc) TC 14 3.91107 10 1 ,y yr V. a %"0* �ry,56ry 8 ,,„%: g'1P 2�plc\ $ as n 2.31 T 8.41103 g• 42 d O• Qy4. S 4 451101 • 4.3 A '° ,6' ,'°• 1.0:1' , 2.21 , �• 3 ' 20 �4j P 6 Sl' 4 ilk. IDbN OO L y4 44 Oe• sop \',i4: .,,b,r ,6,9 op % q, e 0 p\0 le, l Oplcl \ 13 .[F SAF , 1e 4 '� \ S S�JAW .4S ti ♦�0 0, S 4 4 11 4, titi�0� g '§ 8 4' 4. 4 '0 , EAST MARION t .t. o, 0"o el'w ••,... , $ CEMETERY AH. .O.,t' 1.9.):1,1,C).% 4r'L 'Q. 3 9 1 ` 4 5�,\ 1„ � + yz Y �' O 4� 14j•yp` �ry ` d 0 t P /` 1A ', TOWN OF SOUTHOLD ��// 1A b 0 JG 'tb .L6 1D L ,1p ruMOERWATER IAYN d',jr , ti 4' 4 / 4Y� 5 +8 L 5 1S '•b m a b Os r' a 'e ay MARION LAKE 4 12 4'�,1��0 a / h ,10 ,,y...''' , .,,h , 's ,iii� 8 JJ O L 0 s 11,•0 1ti & 4P , 1 e. .. .. - sa. 1 [[7 s J2 18 4 4 4,4• 8, ~S 163 - -+:s. 19.84(c) V� . JJ°`'4 tr 'S, tr S'" .)b � � R 16 "C,' °°S° M +t� S O\ tr JO� jg4 A1 ` ti0 ,(„ ` try 3 6 1tr . b 1 h0 `'N„, 41ry „ be, \ 4? t a g •yp�° 3 C 4 a T +'�10 � 4 °1 }4'9 'P 4 •q (� S roh2 6 4° L a O46' 4 '°t^ 1• '�� .1'$•be,..,, O d i e d 8 s qq 4 ~9 e 4 4 ti 17 s 1 1� a AY Q ry C: ,,®�+trU 4°4,048 4,,,p & ' '~A Y 'se�'1 a L 1 ,L0 3 ' ,Opc 1,y>{3 .-:'5.t,8 2 4^.B` "TA�a'\ _ y 1TO4 1 4 P. V �• 4F 1 p o„ 1 4 6 d� ti v Jj Q• • 44 '' o e v a O ~4 try'e z .f?e t!S 11 Sh 18 7h ' 3. �Is. x V 1' A 4' (0 p 1 L. _as. ,� m. 1 e t k. • 1 1e>v BW MARION LAKE 4A�Sa 4'.3 r j��i 4. 11 ,m s a 6.21101 4y qo y+ 4.' r@ n, TOWN OF SOUTHOLD 'a •� 0 4pF 'b �O ,t. a 16 # D 4 (UNDERWATER LN'O 1 n,s. $ t• R' O�^ 4 _ t« e N 4 sa n b rsdi G' ,Pk' ry _'YC..`yygpJ aP {• ri ri N E. 4j R_ 4 L� \ W N 311200 t .,°� 1,,4 00 1A 'S aF c o , 4 16 , - 4`(0�Y min e° '� 6 4 11 ° ll , '.'1 4 A 1R' a. ,,. O. ,4 ti 4 12 su .. a @' s ry 4 r A 2 4°� 16 ” ,.,« ,fF •••• 15 " 444 ry?eP 1 4 a a e .t,,„7„, ,"%,:,q (440$, 0 11 1� % t, y ; • �/" /3� `�4, $ , m4'' .; 1 4$ , so J .}0 W /� e 'a1S & :tr# �' Q S ��/ oZ� -45 ZONING BOARD OF 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: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 31, 2005 Re: Town Code Chapter 58 — Public Notices for Thursday, September 29, 2005 Hearings 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 Long Island Traveler newspaper. 1) Before September 15th: 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 this in either a written statement, or at the hearing, with the returned letter. AND before SEPTEMBER 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 at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Before SEPTEMBER 20th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. 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 roadwa , an extra sue n is available for the additional front yard. Please deliver your Affidavit of Posting at the meeting, or mail it to us by September 20th. - 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.