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HomeMy WebLinkAbout5783 s 1S 7 ; & -t ' i-i LIL lQ --,C)--022:11Sa,/f7 /XGne. 2/7b6 i - - - --- - �' tiJ 63-116,11,4„, - - - - = -. oma- -�i-�-s' _� .� - _� 17 % sttste 5-/i.Vos-Pi }Lef2 • _ , " (3'36/- tj ,d 6-6'1531° - , 1072-07 X042.1/O6 - o, �¢.``'`a-cam - - -- ------- a.3/co4, . Sq?1 Goo L-D iozg ?i# -t /wit /lido 9/�/05 APPEALS BOARD MEMBER:.; ,01,koF i $�(/ry • Southold Town Hall Ruth D. Oliva, Chairwoman ��� alp 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer � �; Southold,NY 11971-0959 Vincent-Orlando Office Location: James Dinizio,Jr. COQ� Town Annex/First Floor,North Fork Bank Michael A. Simon _ ly '• I 54375 Main Road(at Youngs Avenue) C�U ;� � Southold,NY 11971 http://southoldeo,:- .nc\qhfork.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 stay_ed 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 2,,,' 4 • 4. 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. . &C74.11,—szt,- 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- IfSt " JENNIFER B. GOULD Attorney at Law 210 Main Street • PO Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 October 6, 2005 6 2005 Mr. Michael J. Verity OCT i �� Chief Building Inspector 601111 Q �p� p,Ls Town of Southold t�w� PO Box 1179 Southold,NY 11971 RE: Bollman Premises at 1755 Truman's Path,East Marion,NY 11939 SCTM# 1000-31-13-5 Dear Mr. Verity: In your Certification to the Board of Appeals dated August 29, 2005,you stated that the excavation at the above premises was environmentally unstable and that exposure to normal weather conditions posed an imminent threat to adjoining properties and public safety. When the Board of Appeals granted its restraining order on September 1,2005, it continued the stay of all work under the building permit No. 31232-Z,but gave Mr. Bollman and his contractor express permission to secure the job site. To date,no work has been performed to secure the site. This hole is within a foot of my property line. If we have a stretch of inclement weather,I am in danger of losing my shrubbery and landscaping not to mention my dwelling,which is only 12 feet from the hole. The hole needs to be filled as soon as possible, or in the alternative, structural sheeting must be properly designed and installed on the east and west embankments. Attached is a copy of Robert O'Brien's affidavit dated August 31, 2005, in regard to this matter. Thank you for your immediate attention. Very truly yours -i/ l � /(/)/(A eennifer B. Gould Enclosure cc: Zoning Board of Appeals 1111 4, AFFIDAVIT STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: ROBERT O'BRIEN, being duly sworn deposes and says: 1. I reside at 2074 Main Road (PO Box 456), Laurel,New York 11948. 2. I have been a Civil Engineer for 40 years with a New York State Professional License for the past 30 years. 3. I have made a visual inspection of the excavation site at the Bollman premises located at 1755 Truman's Path, East Marion,New York 11939, SCTM#1000-31- 3-4, and make the following professional opinion regarding alternatives to pouring a foundation in order to make the work site at the Bollman premises safe and secure. 4. My first observation is that to work in a safe manner any excavation greater than 6 feet in depth must be either laid back on a 3 to 1 slope or have vertical sheeting designed by a professional engineer installed. 5. Such sheeting additionally requires horizontal whalers and diagonal braces to hold it in place. 6. The excavation at the Bollman site appears to be at least 8 feet in depth and is cut on a sheer vertical face at the east and west property lines. As these embankments are subject to sudden failure, the measures outlined above should be immediately implemented. 7. Unbraced loose plywood sheets cleated together with two by fours have been laid against the embankment on the Gould property line. They provide little, if any protection. 8. Properly installed sheeting should be installed prior to the pouring of the foundation walls to make the work site safe, since the sheer faces of the east and west embankments are in close proximity to the proposed foundation walls. 9. Structural sheeting would protect both the property and the workmen and is mandated by OSHA regulations. 10. A second alternative to sheeting the embankments would be to place temporary backfill against the sheer faces. sL "obe • :rien, PE Sworn to before me thi day of Ai",2005. 01. N. ary Public LINDA M.TONYES NOTARY PUBLIC,STATE OF NEW YORK NO.4942668 SUFFOLK COUNTY TERM EXPIRES;OCTOBER 3, C0 2 (f 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 September 1, 2005 Zoning Board of Appeals SEP - 1 "2:36 PO Box 1179 Southold,NY 11971 o aAts RE: Certification of Chief Buil..ing Inspector to Zoning Board of Appeals dated August 29, 2005 Premises: 1755 Truman's Path, East Marion,NY 11939, SCTM# 1000-31-13-4 Dear Sirs and Madam: I hereby make 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 the present Gould Appeal# 5781. The procedural history of this matter is as follows: 1. On March 7, 2005, John Bertani Builder Inc. as agent for W. Bruce Bollman made application#5680 to the Board of Appeals for the demolition and reconstruction of a new two story single family dwelling on the existing foundation with a 104 square foot addition at 1755 Truman's Path, East Marion,NY., and requested 3 variances under Section 100-244 of the Town Code for non-conforming side yards at 1)less than 10 feet on a single side; 2) less than 25 feet combined side yards; and 3) lot coverage exceeding the code limit of 20 percent. 2. On March 31, 2005, a public hearing was held on Appeal#5680. 3. On April 14, 3005, John Bertani Builder Inc. as agent for W. Bruce Bollman re-noticed application #5680 to include a 4th variance request since the proposed dwelling would be less than 75 feet from the bulkhead. 4. On May 4, 2005, a second public hearing was held on Appeal#5680. 5. On May 25, 2005,the Board of Appeals filed its decision in Appeal #5680 with the Southold Town Clerk, a copy of which is attached as Exhibit A. 6. On June 28, 2005,Patricia Conklin, Plans Examiner in the Southold Town Building Department issued building permit# 31232 Z for demolition and reconstruction of a new single family dwelling per ZBA decision#5680 for the Bollman premises, a copy of which is attached as Exhibit B. 7. On August 9, 2005,building permit# 31232 Z was amended to permit the removal and replacement of the entire foundation. A copy of the Southold Town Building Department's "Road Sheet"which constitutes said amendment, is attached as Exhibit C. 8. On August 23, 2005, Jennifer B. Gould filed with the Building Department and the Board of Appeals of Southold Town an application to the Zoning Board of Appeals challenging the Building Inspector's decision in issuing and amending building permit 31232 Z to allow the complete removal and replacement of the Bollman foundation in contravention of the Board of Appeal's decision in Appeal#5680; and requesting a stay of all construction at the Bollman premises during the pendency of the appeal. A copy of this application is attached as Exhibit D. 9. On August 23, 2005, Ruth Oliva Chairwoman of the Board of Appeals, submitted a memo to the attention of Michael J. Verity, Building Department, in which she gives an advisory opinion to the Building Department authorizing removal and replacement of the Bollman foundation. A copy of this memo is attached as Exhibit E. 10. On August 29, 2005, Michael J. Verity, Chief Building Inspector, certified to the Zoning Board of Appeals that the stay in this appeal would potentially cause imminent peril to person or property and thereby lifted the stay on condition that the applicant(Bollman)fill the 2 hole at the work site or complete the new foundation at his own risk. A copy of his certification is attached as Exhibit F. The gist of the appeal is whether the self-help actions of Mr. Bollman in attempting to rebuild in violation of the Southold Town Code and the decision in Appeal #5680 should be permitted. The issues on this appeal are 1)whether the unsupported and unjustifiable determination of the Building Inspector to allow the complete removal of the Bollman foundation and subsequent excavation under ZBA Appeal No. 5680 is valid ; and 2)whether the advisory opinion by Ruth Oliva, Chairwoman of the Board of Appeals acting individually allowing this was equally invalid. Rather than attempting to circumvent the system and the ZBA decision in Appeal# 5680, Mr. Bollman should have made application to amend the prior ZBA determination, so that the issues could be properly discussed and determined. It now appears evident that the claimed hardship in saving a foundation was non-existent and was advanced solely to arrive at this point. At this juncture,the Building Inspector's permission to Mr. Bollman to pour the foundation amounts to a total abrogation of my due process rights, and is completely inconsistent with the express purpose of the stay which is to maintain the status quo during the appeal process in order to protect the rights of all parties, not just Mr. Bollman's. Mr. Verity represented to me on August 8, 2005, that no work would proceed at the Bollman premises until there was written authorization from the Board of Appeals, and that I should contact him if any work continued. Yet the very next day,August 9, 2005,his department issued an amended permit allowing the removal and excavation of the existing foundation. When the excavation of the Bollman premises began on August 18, 2005, I realized that Mr. Verity's oral assurances were not reliable and that I would need to file an appeal to protect my rights. I promptly did so. Mr. Verity's latest decision in this matter only confirms his willingness to circumvent the proper procedures and gives Bollman an unfair advantage. The pouring of a foundation is a fait accompli,which unfairly prejudices me,my rights and my property values. It is a gift to Mr. Bollman and is totally unnecessary to make the work site safe and secure. Please see copies of the 3 i h attached affidavit of Robert O'Brien, PE sworn to August 31, 2005, and Eric J. Bressler's letter to Mr. Verity on August 26, 2005. While my appeal to the ZBA is pending,there are reasonable, less costly and less prejudicial alternatives to ensuring the safety of the Bollman work site. Rather than pouring a non-conforming foundation,Bollman can temporarily fill the hole or properly sheet the east and west embankments of the hole which is required in any case. Either action will be equitable to both parties. Mr. Bollman has elected to pour the foundation, as the foundation forms arrived at his property late last evening. If there is to be any integrity in the appeals process,this situation requires immediate action from the Board of Appeals granting me relief from the Building Inspector's biased certification. For all of the foregoing reasons, I respectfully request that the Zoning Board of Appeals immediately issue a restraining order to continue the automatic stay in Appeal No. 5781 pursuant to Town Law Section 267-a(6). Very truly r yours, 4111,49 -,49 /. / /Jnnifer B. Gould Enclosure cc: Michael J. Verity, Chief Building Inspector 4 r AFFIDAVIT STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: ROBERT O'BRIEN,being duly sworn deposes and says: 1. I reside at 2074 Main Road(PO Box 456), Laurel,New York 11948. 2. I have been a Civil Engineer for 40 years with a New York State Professional License for the past 30 years. 3. I have made a visual inspection of the excavation site at the Bollman premises located at 1755 Truman's Path,East Marion,New York 11939, SCTM#1000-31- 3-4, and make the following professional opinion regarding alternatives to pouring a foundation in order to make the work site at the Bollman premises safe and secure. 4. My first observation is that to work in a safe manner any excavation greater than 6 feet in depth must be either laid back on a 3 to 1 slope or have vertical sheeting designed by a professional engineer installed. 5. Such sheeting additionally requires horizontal whalers and diagonal braces to hold it in place. 6. The excavation at the Bollman site appears to be at least 8 feet in depth and is cut on a sheer vertical face at the east and west property lines. As these embankments are subject to sudden failure,the measures outlined above should be immediately implemented. 7. Unbraced loose plywood sheets cleated together with two by fours have been laid against the embankment on the Gould property line. They provide little, if any protection. 8. Properly installed sheeting should be installed prior to the pouring of the foundation walls to make the work site safe, since the sheer faces of the east and west embankments are in close proximity to the proposed foundation walls. 9. Structural sheeting would protect both the property and the workmen and is mandated by OSHA regulations. 10. A second alternative to sheeting the embankments would be to place temporary backfill against the sheer faces. glilliP C "obe i40 t en,PE Sworn to before me thisfik. day of Au 2005. 411111.11 1p. - i la • ary Public 411 'LINDA M.TONYES NOTARY PUBLIC,STATE OF NEW YORK NO.4942668 SUFFOLK COUNTY TERM EXPIRES OCTOBER 3, o — • LAW OFFICES ' . b . WICKHAM, BRESSLER GORDON & GEASA, P.C. �' 4 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J.BRESSIER ' ABIGAIL A.WICKHAM NEW YORK 11952 WILLIAM WICKHAM(06-02) ' LYNNE M.GORDON MELVILLE OFFICE JANET GEASA631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III MELVILLE,NEW YORK 11747 wwblaw@aol.com 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 .N ' 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. ,til - - - ,v S'outhold 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,' a Eric J/'Bressler • r EJB/amb 1 • r , Si Hl = • I '1I ' ) , L�'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(a,Town.Southold.ny.us (631) 765-1809 (ext.5011 during recording) fax (631) 765-9064 7 r Q TRANSMITTAL SHEET 7 ^3 `� �b '),/TO: ,Ui at-44W DATE: /0/ /3 /2005 RE: 764 ., 5--(016 571/ .113 /ego MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. te"-A Thank you. Pages attached: . Oct 05 11:41a Jenniff v`<Gould,_Fsq. 6'41-477-2601 p.1 ctIV:991) 6i0/� JENNIFER B. GOULD 011 k , Attorney at Law 1/ k� 210 Main Street • P O Box 177 • C.,ieenporc New York 1194= Telephone 631-477-8607 • Fax 631.477-2601 AlOctober 13,2005 if, r By fax to 631-765-9502 and hand-delivered Mr.Michael.T. Verity Chief Building Inspector ToN,vn of Southold PO Box 1179 Southold,-NY 11971 RE: Bollman Premises at 1755 Truman's Path.East Marion.NY 11939 SCTM# 1000-31-13-4 Dear Mr.Verity: As a result of the severe weather we are experiencing,the embankments surrounding the excavation at the above premises are collapsing. The plywood sheeting,which was previously laid against the western embankment along my property line,is now lying flat across the bottom of the hole, covered by soil,which is rapidly eroding off this same embankment. If the rain and wind continues as predicted,my fence and shrubbery will also plunge into the Bollman hole. Since Mr.Bollman and his contractor are taking no action to fill the hole or install adequate sheeting to prevent further collapse of the embankments,I am requesting that you use your emergency powers under Chapter 90 of the Southold Town Code to secure and stabilize the site. Thank you for your immediate attention. Ve truly yours, -) "fifer B. Gould cc: Zoning Board of Appeals f t 14)', 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 .5t F6 .t.S. ,S'3 October 6,2005 g 2-n5 Mr. Michael J.VerityQCT 1Q 4�r' Chief Building Inspector Pa itts Town of Southold °F �p g°Nils .,.....--- PO Box 1179 Southold,NY 11971 RE: Bollman Premises at 1755 Truman's Path,East Marion,NY 11939 SCTM# 1000-31-13-5 Dear Mr. Verity: In your Certification to the Board of Appeals dated August 29,2005,you stated that the excavation at the above premises was environmentally unstable and that exposure to normal weather conditions posed an imminent threat to adjoining properties and public safety. When the Board of Appeals granted its restraining order on September 1,2005,it continued the stay of all work under the building permit No. 31232-Z,but gave Mr. Bollman and his contractor express permission to secure the job site. To date,no work has been performed to secure the site. This hole is within a foot of my property line. If we have a stretch of inclement weather,I am in danger of losing my shrubbery and landscaping not to mention my dwelling,which is only 12 feet from the hole. The hole needs to be filled as soon as possible,or in the alternative,structural sheeting must be properly designed and installed on the east and west embankments. Attached is a copy of Robert O'Brien's affidavit dated August 31,2005,in regard to this matter. Thank you for your immediate attention. Very truly yours NW/ /417 /(4•01\ rennifer B. Gould Enclosure v. cc: Zoning Board of Appeals • AFFIDAVIT STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: ROBERT O'BRIEN,being duly sworn deposes and says: 1. I reside at 2074 Main Road(PO Box 456), Laurel,New York 11948. 2. I have been a Civil Engineer for 40 years with a New York State Professional License for the past 30 years. 3. I have made a visual inspection of the excavation site at the Bollman premises located at 1755 Truman's Path,East Marion,New York 11939, SCTM#1000-31- 3-4, and make the following professional opinion regarding alternatives to pouring a foundation in order to make the work site at the Bollman premises safe and secure. 4. My first observation is that to work in a safe manner any excavation greater than 6 feet in depth must be either laid back on a 3 to 1 slope or have vertical sheeting designed by a professional engineer installed. 5. Such sheeting additionally requires horizontal whalers and diagonal braces to hold it in place. 6. The excavation at the Bollman site appears to be at least 8 feet in depth and is cut on a sheer vertical face at the east and west property lines. As these embankments are subject to sudden failure, the measures outlined above should be immediately implemented. 7. Unbraced loose plywood sheets cleated together with two by fours have been laid against the embankment on the Gould property line. They provide little, if any protection. 8. Properly installed sheeting should be installed prior to the pouring of the foundation walls to make the work site safe, since the sheer faces of the east and west embankments are in close proximity to the proposed foundation walls. 9. Structural sheeting would protect both the property and the workmen and is mandated by OSHA regulations. 10. A second alternative to sheeting the embankments would be to place temporary backfill against the sheer faces. p___7 5L obe rien, PE Sworn to before me thi2. day of Au • 2005. 41111.11 N. ary Public 111 LINDA M.TONYES NOTARY PUBLIC,STATE OF NEW YORK NO.4942668SUFFOLK COUNTY TERM EXPIRES OCTOBER 3, ,03 2 1Y A" Vi° YY 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.KowalskaTown.Southold.ny.us (631) 765-1809 (ext.5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 7 d2-7 3.wo TO: `"!-t�sr� 01-2'1 ��-f. P.a DATE: /0 / / /2005 7 RE: t-Z.L rr roc) �./t-e—/x / Cirri l 000 - 31-13 —‹ T.4 .S-G h S6 / 6—g d� MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. �J (A,1 6_0 Thank you. Pages attached: . 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 September'1,2005 Rec- Zoning Board of Appeals SEP — 2p05 PO Box 1179 Southold,NY 11971 �o�l�o P,�o of Pk"e�4S RE: Certification of Chief Buil I mg Inspector to Zoning Board of Appeals dated August 29,2005 Premises: 1755 Truman's Path,East Marion,NY 11939, SCTM# 1000-31-13-4 Dear Sirs and Madam: I hereby make 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-the present Gould Appeal#5781. The procedural history of this matter is as follows: 1. On March 7,2005,John Bertani Builder Inc. as agent for W.Bruce Bollman made application#5680 to the Board of Appeals for the demolition and reconstruction of a new two story single family dwelling on the existing foundation with a 104 square foot addition at 1755 Truman's Path, East Marion,NY.,and requested 3 variances under Section 100-244 of the Town Code for non-conforming side yards at 1)less than 10 feet on a single side;2)less than 25 feet combined side yards; and 3)lot coverage exceeding the code limit of 20 percent. 2. On March 31,2005,a public hearing was held on Appeal#5680. 3. - On April 14,3005,John Bertani Builder Inc. as agent for W. Bruce Bollman re-noticed application #5680 to include a 4th variance request since the proposed dwelling would be less than 75 feet from the • bulkhead. 4. On May 4,2005, a second public hearing was held on Appeal#5680. 5. On May 25,2005,the Board of Appeals filed its decision in Appeal #5680 with the Southold Town Clerk,a copy of which is attached as Exhibit A. 6. On June 28,2005,Patricia Conklin,Plans Examiner in the Southold Town Building Department issued building permit#31232 Z for demolition and reconstruction of a new single family dwelling per ZBA decision#5680 for the Bollman premises,a copy of which is attached as Exhibit B. 7. On August 9,2005,building permit#31232 Z was amended to permit the removal and replacement of the entire foundation. A copy of the Southold Town Building Department's"Road Sheet"which constitutes said amendment,is attached as Exhibit C. 8. On August 23,2005,Jennifer B. Gould filed with the Building Department and the Board of Appeals of Southold Town an application to the Zoning Board of Appeals challenging the Building Inspector's decision in issuing and amending building permit 31232 Z to allow the complete removal and replacement of the Bollman foundation in contravention of the Board of Appeal's decision in Appeal#5680;and requesting a stay of all construction at the Bollman premises during the pendency of the appeal. A copy of this application is attached as Exhibit D. 9. On August 23,2005,Ruth Oliva Chairwoman of the Board of Appeals, submitted a memo to the attention of Michael J.Verity,Building Department,in which she gives an advisory opinion to the Building Department authorizing removal and replacement of the Bollman foundation. A copy of this memo is attached as Exhibit E. 10. On August 29,2005,Michael J. Verity, Chief Building Inspector, certified to the Zoning Board of Appeals that the stay in this appeal would potentially cause imminent peril to person or property and thereby lifted the stay on condition that the applicant(Bollman)fill the 2 AFFIDAVIT STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: ROBERT O'BRIEN,being duly sworn deposes and says: 1. I reside at 2074 Main Road(PO Box 456),Laurel,New York 11948. 2. I have been a Civil Engineer for 40 years with a New York State Professional License for the past 30 years. 3. I have made a visual inspection of the excavation site at the Bollman premises located at 1755 Truman's Path,East Marion,New York 11939, SCTM#1000-31- 3-4, and make the following professional opinion regarding alternatives to pouring a foundation in order to make the work site at the Bollman premises safe and secure. 4. My first observation is that to work in a safe manner any excavation greater than 6 feet in depth must be either laid back on a 3 to 1 slope or have vertical sheeting designed by a professional engineer installed. 5. Such sheeting additionally requires horizontal whalers and diagonal braces to hold it in place. 6. The excavation at the Bollman site appears to be at least 8 feet in depth and is cut on a sheer vertical face at the east and west property lines.As these embankments are subject to sudden failure,the measures outlined above should be immediately implemented. 7. Unbraced loose plywood sheets cleated together with two by fours have been laid against the embankment on the Gould property line. They provide little,if any protection. 8. Properly installed sheeting should be installed prior to the pouring of the foundation walls to make the work site safe,since the sheer faces of the east and west embankments are in close proximity to the proposed foundation walls. 9. Structural sheeting would protect both the property and the workmen and is mandated by OSHA regulations. 10.A second alternative to sheeting the embankments would be to place temporary backfill against the sheer faces. —7 7 -47 ber rien,PE Sworn to before me thiglON day of Au 2005. ow • , 11111r • N ary Public ' LINDA M.TONYES NOTARY PUBLIC,STATE OF NEW YORK NO.4942668 SUFFOLK COUNTY TERM EXPIRES OCTOBER 3, X) c LAW OFFICES WICKHAM, BRESSLER, GORDON a GEASA, P.C. 13015 MAIN ROAD, P'O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM los-02) ERIC J,BRESSLER NEW YORK 11952 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 cornMELVILLE,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 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. ! ('r * Southold Town Building Department Attn: Michael Verity August 26,2005 y< 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, Eric JfBressler EJB/amb t' k! t j At'PEALS BOARD MEMBERS �/01/0 SOL/4(,- • Southold Town Hall Ruth D.Oliva,Chairwoman I �4� a �` 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Vincent Orlando ' u� � � Office Location: James Dinizio,Jr. ` ��� Town Annex/First Floor,North Fork Bank Michael A.Simon 'C'4 �v'1i.1� 54375 Main Road(at Youngs Avenue) C�u,ttiri;� Southold,NY 11971 http.//southoldtown.northfork.net RECEIVED BOARD OF APPEALSq-va to qs/kl 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 Soil of• Town Clerk 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 propertyunder 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 ail 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: I'Xh,b�-t -A- Page 2—May 12,2005 , Z. 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 action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Res i n was dulud t (4-'0). Ruth D. Oliva, Chairwoman 5.422/05 Approved for Filing • 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 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 . - .. FIELD 15SE;10/ - 0', fi DATE COMMI, , Ui'0 1-17) FOUNDATION(1ST) ) i- FOUNDATION(2ND) 5-a t4 ' 0 .3 U 1 ROUGH FRAMING& —I PLUMBING - . Ir _ -12) . .A INSULATION PER N.Y. H STATE ENERGY CODE ) ( , FINAL . .r ..g . CizN ADDITIONAL COMMENTS , Cs adi ...441 • i . • ._,______:_ze 0-4,,c4,( 19 _,__i • -,t.a.' . 1110 , .• ...... , i • • - .7, • ,', C <2,-,-,--42,---•,4-- ). (i. / i I AIL..' CZA1 ; 4 O r A A - 1 , ,/MANN' dP //'A CLTICt . '' . I I er--, V0 L-& .ed,'. h-__ „/ r -1/1,u,sct,j. ;) V/ ,fleid-P-6° AL-di -Li' ..; a-.^,-• . Ili Ril:''' ____.--- 7-Azu„, , e_„ , - _S,,...:, .0 Dil 4OP 1 V) 0 0ii). 6---- z --0 7 ..AriMMIPIALIMIlria.111111,4 • i . -....... , I i a 6 ti \N. > ' M ` 0-' EXI1 l 1911 C. ' ., ," F JENNIFER B. GOULD Attorney at Law 210 Main Street • f 0 Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax631-477-2601 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: Enclosed please find the original and 7 copies of my application in the above matter and - my attorney's check in the amount of$400.00 for the filing fee. Very truly yours, OF SO° 1/1,1A „ennifer B. Gould Enclosure cc: Eric J. Bressler,Esq. iV 1 ) Iz ,AT1ON TO TIIE SOUTIIOLD TC. [ BOARD OF APPEAL• S For Office Use Only Fee;$ Flied By: Date Assigned/Assignment No, Office Notes: c pp',ru 4-P s Parcel Location: House No. 1820 Street Truman'sPath address Hamlet East Marion SCTM 1000 Section 31 Block 13 Lot(s) 3 Lot Size 7410 s.Z,nne District R40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: o. 31232 Z issued to W. Bruce Bollman for0r01755nTruman's1Path, Eaon with st1Marion lding P1 00-31-13- Applicant/Owner(s): Mailing Jennifer B. Gould, applicant for this appeal • 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 ; 631-298-8565 Please specify who you wish correspondence th be mailed to, from the above listed names: (&Applicant/Owner(s) ❑Authorized Representative ❑ Other: WHEREBY TIIE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction Other; Ar,naal f, RuiTr7i ng Tnspe-rtnr's_denisi nn to -Lac!. - psi t 312322— ti) 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• • 0 Interpretation of the Town Code,Article Section O Reversal or Other__.evocation by • r -•• - -u-11• ents then A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No, Year 2005 • JENNIFER B. GOULD - Attorney at Latv 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 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 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, 4111 , denifer 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 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 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 GRANGE ROAD SOUTHOLD,NY 11971 • for : • DEMOLITION & RECONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER, ZEA 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 • . Rev. 5/8/02 COPY • t U WIN Uu TUU t'" ' u UUILUINC, t'Llctvtl Al'I'LICA PION CIILLICLIS'l' BUILDING DEI'I' I J'1T D; lave or need the following,before applying? TOWN HALL ) •IAN I 8 Board of health SOUTHOLD,NY 11971 4 sets of Building Plays TEL: (631)765-1802 Planning Board approval FAX: (631)765-9502 ' Survey www.nor(hforlc.net/Southold/ PERMIT NO. 31,.,l,302"-t) Check Septic Form N.Y.S D.E C. Trustees Examined �1�,2( Contact: •- Approve: // 26> / Q - -- Mail to: "(Disapproved a/c b •-- 1 Phone Expiration b*,2OL uildt�pector • PPLTCATION FOR BUILDING PERMIT O sa Date 1`Tnn f,L . t Ca ,20 ��pGSnjjt�Qlq INSTRUCTIONS pf t a T is on MUST be completely filled in by typewrite or.tp 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 WI iting,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. �kln I�er I-rj- 6Gut e r (Signature of applicant or name,if a corporation) I3dO ©aPcwooL IOrt,� cu-io l� (Mailing address of applicant),jir (i k 7I State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder �s�tlera 1 Crm/��I�cdc'�Fo� Name of owner of premises LU rue . Igo!I(Y1 a.,"--) ' (As on the tax roll or latest deed) If applican is a corporalios,signature of duly ar horrzed officer r ame and title of corporate officer) Builders License No. j Plumbers License No, Electricians License No. &_Ar-f' Other Trade's License No. 1, Location of land on which proposed work ill be done: House Number Street Hamlet County Tax Map No. 1000 Section 3 I Block I Il noa.L1 It10a O L{ Subdivision Filed Map No. Ihdt'ws1110.1812,ailij ipnloll (Name) ZtrtusavDlltrelst tmaD0ta,off 01,C Ilut einard ansT i "' " : ;tit','•µ,mi11 2. State existing us o pancy of premises and intended use and occupy f proposeayonstritetlolsi; l.s, ti . a. Existilig use an .. upancy One- fu.m t1 d-w-e-t I i . i O ,i. '`, • t�,\ b. Intended use and occupancy Orae �--mil CI-i.Jr✓tllnp • ' 3. Nature of work(check which applicable):New B biding '/ Addition i- Alteration ' Repair_ 1 Removal , Demolition I Other Work , ) (Description) , • 4. Estimated Cost 'qa 00 6 0 0 Ft4,,' '" ' 1 ('I ,,.,1.,C t (To bhr Paid 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 apt Rear as1• Depth tiO Height I(, Number of Stories I Dimensions of same structure with alterations or additions. Front a4,c Rear k •( Depth q7.S Height�� Number of Stories ,2 8. Dimensions of entire nyw construction:Fiord aq .0 Rear a9.C Depth Li)..( Height 2e# Number of Stories I 9. Size of lot:Front 50 t Rear 50.10/i t Depth o2 Uto.O 7 . . 10.Date of Purchase Name of Former Owner 11.Zone or use district in which premises are situated ‘q elf Ate)miry,,( 12.Does proposed construction violate any zoning law,oidinance or regulation?YES NO t/ . , 13.Will tot be fm-graded?YES NO /Will excess fill be removed from premises?YES NO �2,k_po( 1 16g4/ '14.Ntuhes of Owner of premises LO &rue e, ( o l im"Address poi tla a 1-6' F'tiotte NG, -v00. Name of Architect Inny Late jird(PIC-kJJ h L'Address • • s• 1-711 Phone No I UD - ,,= Name of Contractor(2i. rtin i Address ,d6 .i _ • d- Phone No, ( -1 r- efi ikiD9Id. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES /NO *IF YES,SOUTI-TOLD TOWN'TRUSTEES&D.E.C.PERMITp 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. cie_C„ I td—' 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on propel ty is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OFSwl- t)lk) ' . 1Lt/'1 dam_. D. ace- a../lI being duly sworn,deposes and says that(s)lie is the applicant (Name of individual signing contract)above named, • (S)Iie is the auYl 1-'o_e'-1-of (Contractor,Agent,Corporate Officer,etc) of said owner or owners,and is duly authouzed to perform of have performed the said work and to make and file Ude applieatk that all statements contained in this application are true to-the best of Ills knowledge and belief;and that the work will be performed in the manner set forth in the application filed tliewith Sworn to before me ihi 11day of I 2004 �• , 1Va&. ' 9Y„,._ ,9 . 6e - Tiny Public Signature of Applicant BONNIE J.DONOSKI Notary Mlle,State 01 New York No.01006095328,Suffolk unto Term Expires July 7,20 FIELD INSPECTION REI'URT I DATE I COMMENTS • FOUNDATION(1ST) lk y FOUNDATION(2ND) E z 0 ROUGH FRAMING& PLUMBING . Z INSULATION PER N.Y. STATE ENERGY CODE FINAL ADDITIONAL COMMENTS 8 �5' - �Jd ' _ r �1 z 01 '1 I �� L'444-,_/J(c=t c X. ;6MiAam'� ` t tis_ ep _-4 VI • op L � ty t , i, JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck,N.Y. 11952 (631)298-7116 1111 , To: Town of Southold Building Dept. I� l' 1' S !' 1' u� Ir 9;- i1I ]i L _ Re: Unsafe Foundation r Bollman -'ar.__ 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. Itt i '4 el'`" P,EOFM �,S t t x , moo'- ::e g :ifivoh,/, w Ic\ ll e ski F�SSI tl: IS I' 1' John Bertani Builder Incl " '"' 1 I � • 1380 Oakwood Drive I^ �� Southold, N.Y. 11971 I i 7 -J_J r (631)765-1594 I qi f'' -`�"T 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, U John A. Bertani President JAB.Ib CC- t a $r 9'Ir�,Is ) • i .� Page 2 ot3 --Appeal Application 0-I- q ppf,'red0(9. • 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 c detriment to nearby properties, If granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for 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 environmen conditions In the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ,( ) No. If not, Is the construcHo 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 protects the character of the neighborhood and the health, safety, a community. and welfare of th ( ) Check this box and complete PART B, Questions on next page to apply apply...11a VARIANC S ANDARDS. (Please consult your attorney.) Otherwise Lease roceed to the sl nature a otar area below, Sworn to me this Signature of Appellant or Authorized Agent ------ (Agent must submit Authorization from Owner)_ day of -before ---- 200_. -- - (Notary Public) zun App 9/30/02 . ,� ' ) I , Page 3 of 3 - Appeal Application • • Part B: REASONS FOR USE VARIANCE of requested): For Each,and Every Permitted Use under the Zoning Regulations for the Particular District When 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 becaus (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 It necessary.) ( ) Check this box and complete PART A, Questions on -- --VARIANCE STANDARDS: (Plea§e aohitil ---our attome ), - us oceed tO---fie to apply_ AREA signature and notary area below, yt Sworn to before me this - Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) day of , 200_ (Notary Public) Mt App 9/30/02 • 3 ? fi• PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): 0"I t l PP 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) ifyou are not sure. Thank you, 17) 1) • N01 awls rC(00 • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 Yes 0 No 13. Are there any proposals to change or alter land contours? 0 Yes 0 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 jui isdiction? 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 ) APPLICAI` 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: 620 ct l dPr I . (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity,such as a company [f 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 Pwui .0 "-fM, -4'0 'n nxfob P.-.)u ins e-b r t ►,) s s u ,r7 3 ( n c( a hip ted,,'' r,M ;+ '31 a 3 7 i 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 office, 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 co,porate 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); - — - __Qat)officer,_direc(2i, partner, er_employee of tl e pplicaut;_or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ' ' day of ( j M ZOOS Signature: 11111kCAAAI Print Name: ►1 f 1,. , 4r r . -o u, 4 . • i\Mt a ph ra • rocs. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes O No B. Are there any proposals to change or alter land contours? 0 Yes 0 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 juiisdictioii? • 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? "none".) (If none exist, please state 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 APPLICAI 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: (�Oct((d , ett/0iPr 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", name the activity: a pEpal -ff�m CI CJfM(NM,0 (M L9 Li ?Du 10 i,(1 c� ,_11-rlS. ('{ter i +.i IssuinCj (I tut nioildill rm + '31 2:3 2. 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); ----- _ Cl mr officer,_tliiect_or,partper, oremployeeof the applicatrt;_or _— D)the actual applicant — - --- DESCRIPTION OF RELATIONSHIP Submitted this � day of Au(6 Si 2Oo Signature: WA/LAI ji �) ,(I Print Name:40, -+1 ► ' ' . you, cry . , SURVEY OF F 7i, )RIY — _ : I , SITUATE: EAST MARION N TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 03-50-2005 W — E /IV SUFFOLK COUNTY TAX n pS 1000-31-13-3 '�'SF S 97 p" CERTIFIED TO. `( p�.L John C wlwame Jennifer B.Could Commonwealth Laud Thin Insurance Company • 0 • 4,4 O .00 o kx ...,\i. r / : R I 7'''' \ • , 4;?-`1'... 56'. oh i I.14 f a CO O P9B %.c-o, i yJ'' A� Shy /may ` a. A.' .'0‘, '• I S O y -pl., p'J, 77�4'% : yt,00�� O5, �•'c op \ a / o 1 hs Oma, r' 0.60; ,•a,`\g o' oP o S�00 of -ti-o r��k \ �b 1 'f) \ n� S ;° 0.f_ w . � I °Ss n�v' i" I O \ p .o ii ti a I • ;fie �e a:,," "4�r^ p� , , e .,. k5.,r.:„,„7,., m6( . 4. 1 �`••1 t' t"1, 111 ^$os • NOTES, „ 1` 1 J(t•' .�....,_.. • MONUMENT FOUND ��'`,'A' - . r t)i,l;ll6, _ -- , 11/2 STORY FRAME NOUSE ROOF ' PEAK AT 205'ABOVE AVERAGE GRADE •^•^ • -g� AREA= 1,410 S F or 011 ACRE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N Y S LIC NO 50202 ' GRAPHIC SCALE I"= 20' RIVERHEAD,N Y 11901 . 369-8288 Fax 369-8287 REF 1111p scrvcr1d1PROS\05-147 pio 08/29/2005 11:51 6317659064 ZBA PAGE 02 gOFFOL,�'� Office Locatiq : '����p�® (.60Mailitte Address: Town Annex/First Floor,North Fork BankCO a 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971AP Southold,NY 11971-0959 jOg 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.T.Verity,Principag 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 aiproval 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). Lxh/6,--/- 08/31/2005 08:15 6317659064 ZBA PAGE 03 •.„) ey��t,�SO(/ry0� Town Hall.53095 Main Road , * of * ; Pax(631)765-9502 P.O.Box 1179 cfxQ ,i Telephone(631)765-1802 Southold.Ncw York 11971-0959 l I1 RECEIVED �auM'(, ,'. ,,, r AUG 3 0 2005 NG 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 -S-W1714irP177 Pre- - - 724.0442, ` � Michael J.Verity Chief Building Inspector 0-11 KIERAN M.CORCORAN Notary Public State of New York No.021;06119838 Ouelffied in Suffolk Coun Commission Expires December 6,20 £ b,-f- F 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. RUTH OLIVA, , being duly sworn, deposes and says: I am the Chairperson of the Southold Town Zoning Board of Appeals; 2. On September 1, 2005, at approximately 2:48 PM, I served the within Restraining Order on the Southold Town Building Department by delivering a copy personally to Damon Rallis, permit inspector, a person of suitable age and discretion, at the Southold Town Building Department, Southold Town Hall Annex, Main Road, Southold, NY T The person so served is described as sex: M ; skin color White - ; hair color: Dk. Brown ; height: 5'8" : weight: 175 ; age: 30 Military Status: I asked the party served if he was enlisted in Military Service and he replied that he was not. f�} 61C2W"--(& Sworn to before me this 1st day of September, 2005 � l , Notary Public JAYNE P. • , Nota Public. Neer MARTIN No.7738236 QuCommissiond M Cots* Suffolk Coun Expires Jan.3 .0 07 x • In the Matter of the Appeal of Jennifer B. Gould(Appeal No. 5781)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 26,2005,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 MICHAEL SENDLENSKI,person of suitable age and discretion and authorized to accept service on behalf of HARVY ARNOFF,ESQ. at 204 Roanoke Avenue,Riverhead,NY 11901 at approximately 11:00 AM on 8/26/2005. 3. The person I served identified himself as Michael Sendlenski,and I describe the person I served as follows: Sex: male Skin Color: white Hair Color: brown Height: 6' Weight: 250 Age: 32-approximately Military Status: Based upon information and belief of party served,Michael Sendlenski is not in the military.,ervice of the United Stat 411r, LINDA M. TONYES . „5/-- S e to befor e this I da o August,2005. --/ '2. , Fes-- --- ;--- CYNTHIA M. MANWARING ' NOTARY PUBLIC,STATE OF NEW YORK NO:01 MA6100507 QUALIFIED IN SUFFOLK COUN COMMISSION EXPIRES OCT.20 ,5c10\ q�\ 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.KowalskiATown.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 1.1-7-3 9 Std TO: O. a _ DATE: " �Lti 9 4 �V : A ,e a/f a t / / ( /2005Q C198 . RE: -- 61 AL MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. Thank you. Pages attached: ACTIVITY REPORT TIME : 09/01/2005 15:35 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BROJ3J726019 NO. DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 08/22 08:51 631 765 6145 35 01 OK RX ECM 08/22 09:39 6318535905 01:41 05 OK RX ECM #001 08/22 11:27 92982651 49 02 OK TX ECM 08/22 14:11 6318535905 01:15 03 OK RX ECM #002 08/22 15:54 97342774 01:42 02 OK TX ECM 08/23 10:07 631 765 6145 35 01 OK RX ECM #003 08/23 11:25 92983287 46 03 OK TX ECM 08/23 13:12 631 765 6145 35 01 OK RX ECM 08/24 16:06 17707243904 30 02 OK RX ECM #004 08/25 10:06 94772601 36 02 OK TX ECM #005 08/26 14:45 97273940 44 03 OK TX ECM #006 08/29 08:49 93695132 01:20 04 OK TX ECM #007 08/29 11:51 94772601 32 02 OK TX ECM #008 08/29 15:41 92988565 45 02 OK TX ECM #010 08/30 16:08 97273940 53 03 OK TX ECM 08/30 16:13 631 298 8565 47 02 OK RX ECM #011 08/30 16:27 94772601 00 00 BUSY TX #012 08/30 16:38 94772601 00 00 BUSY TX #013 08/31 08:15 94772601 58 03 OK TX ECM #014 08/31 10:59 92838667 30 02 OK TX ECM 08/31 13:38 631 283 8667 31 02 OK RX ECM 08/31 15:08 631 765 6145 36 01 OK RX ECM #015 09/01 14:53 94772601 41 03 OK TX ECM 09/01 1 15:00 631 765 6145 37 01 OK RX ECM #016 09/01 115:27 97273940 42 03 OK TX ECM BUSY: BUSY/NO RESPONSE NG : POOR LINE CONDITION / OUT OF MEMORY CV : COVERPAGE POL : POLLING RET : RETRIEVAL PC : PC-FAX r APPEALS BOARD MEMBERS i''���F SOU/ Southold Town Hall Ruth D. Oliva,Chairwoman � ,0 1p 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer 4 t Southold,NY 11971-0959 Vincent Orlando �„ Office Location: James Dinizio,Jr �Q ►�� Town Annex/First Floor,North Fork Bank Michael A.Simon 1,�C0U 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 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. &- &C2til`q., 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- 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.KowalskiATown.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 i"/8 /1164.:1 TRANSMITTAL SHEET 1 -391. a TO: ,kap-cam (24-4.421-Z Edt DATE: PI /3 120050 RE: )7 j .5ln 3 la/ .moo PL3 s-7 in /o /)—3/-/3 MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. • U' na � l Thank you. Pages attached: Oct,3 05 11:41a Jennifer B. Gouldi,;.c ;a. 631-477-2601 p.1 A V y ENNIFER B. GOULD ‘o\\ k1)"51 , Attorney at Law kv 210 Main Street • P O Box 177 • Greenport New York 11944 Telephone 631.477-8607 • Fa�631-477-2601 ekvi‘o October 13,2005 By fax to 631-765-9502 and hand-delivered: Mr.Michael J. Verity Chief Building Inspector Town of Southold PO Box 1179 Southold,NY 11971 RE: Bollman Premises at 1755 Truman's Path. East Marion.NY 11939 SCTM# 1000-31-13-4 Dear Mr. Verity: As a result of the severe weather we are experiencing,the embankments surrounding the excavation at the above premises are collapsing., The plywood sheeting, which was previously laid against the western embankment along my property line, is now lying flat across the bottom of the hole, covered by soil, which is rapidly eroding off this same embankment. If the rain and wind continues as predicted,my fence and shrubbery will also plunge into the Bollman hole. Since Mr. Bollman and his contractor are taking no action to fill the hole or install adequate sheeting to prevent further collapse of the embankments, I am requesting that you use your emergency powers under Chapter 90 of the Southold Town Code to secure and stabilize the site. Thank you for your immediate attention. Ve truly yours, e• ifer B. Gould cc: Zoning Board of Appeals , 0S‘, ‘sloc I 11 " 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.nv.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 Z`�`�"'y e-�►z - TRANSMITTAL SHEET 7731O TO: DATE: /0 I /a /2005 RE: n 7° ) Crin 1 000 -- 31-/3 - Z.N4 : -14 5-6 if/ 5-6 0 MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. t 0 lLeT)44. 4 / )71,tc: ,54 Thank you. Pages attached: A . • r\ -- APPEALS BOARD MEMBERS ,f4 SO(//4, Southold Town Hall Ruth D. Oliva, Chairwoman 0 ,`4 = ". ( 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. a� �, Town Annex/First Floor,North Fork Bank Michael A. Simon ; l,Y �v Oi. 54375 Main Road(at Youngs Avenue) COU, :i'" Southold,NY 11971 • http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS I la.qs/kM 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 Sou''' of • TO n Clerk 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 heW 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: Exhi 19;4 -A- ' • Page 2—May 12,2005 "i e' . 713 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 action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Res i n was duld t Ruth D. Oliva, Chairwoman 542(1/05 Approved for Filing 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 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 (LI"' Authorized Signature • Rev. 5/8/02 COPY •' �� • FIELD SPECTION REP(, ' DATE COMMI J FOUNDATION(1ST) — V Y 2 FOUNDATION(2ND) '— tmi V v► z 0 ROUGH FRAMING& -ON PLUMBING Z INSULATION PER N.Y. 'j STATE ENERGY CODE r , FINAL q� 3 ADDITIONAL COMMENTS o —y9 C-01,-are--74‘-'—cli)L.,--- et-e.III" 4-d--a—e- rarK 7'. /?„,..,___.12€___04._re-Ze . * • i ' ( i IL % Q. ..Z , !L/l•�►e' I 'I i _ l L n gl y LLrd _1� C_iti• ^O �� d 4,0L I u- z I7• 4 1 Zr o JENNIFER. B. GOULD Attorney at Law 210 Main Street • P 0 Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 63 1-477-2601 • 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: • Enclosed please find the original and 7 copies of my application in the above matter and my attorney's check in the amount of$400.00 for the filing fee. Very truly yours, • )v14 ,ennnifer B. Gould Enclosure cc: Eric J. Bressler, Esq. EXh- fa.-4 1) �••'r' , ' C ,• J •{- ) APP 'ATION TO THE SOUTHOLD TC ,� BOARD OF APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: Poli 44- s a d d rt?ss Parcel Location: House No. 1820 Street Truman's Path 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: ,T„nP 2B 2QO5 and "uguGt 9, 20115 in connection 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): lyjaili• Jennifer B. Gould, applicant for this appeal PO Box 177, Greenport, NY 11944 Address; Telephone: 631-477-8607 ( , 631-477-2601 NOTE: If applicant Is not the owner,stale 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: 631-298-8353t•A__K*; 631-298-8565 Please specify who you wish correspondence tb be mailed to, from the above listed names: • C Applicant/Owner(s) ❑ Authorized Representative 0 011ier: WHEREBY TIIE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: 0 Building Permit 0 Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use 0 Permit for As-Built Construction Other:meal i _B„i Tai ng Tn speCtDr�S_rleri nn to i RA11P pPrmi{- 3173?,7,_ 1 ) approving a building height of 30' and amending permit 312322 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 made-for:- 0 ade-for:❑ A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. Q Ltterpretation of the Town Code,Article Section gcReversal or Other revocation of buiJ.ditt • ‘.. • _ �• - -u �• ents theret( A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No..56a0Year 2005 • -, JENNIFER B. GDULD Attorney at Law 210 Main Street • P 0 Box 177 • Greenport, Ncw York 11944 Telephone 63 1-477-8607 • 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 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, 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 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 H � ., • it N ) FORM NO. II 3 � • •• • TOWN OF SOUTHOLD • BUILDING DEPARTMENT • Town Hall Southold, N.Y. • • 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 • • 1 . 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 pursuantto application dated JUNE 22, 2005 and approved by the . Building Inspector to expire on DECEMBER 28, 2006. • Fee $ 874 .40 /42eiLt.L4r.. (,:ill, . . Authorized Signature Rev. 5/8/02 COPY . " •+ '.i,1 . 1 V VYIN UU 6UU 1 HOLD UUILDINli l'LKMV111 Al'l'LICA t\ION CIILCKLIS'I' BUILDING DEPAR'fl\"'""T r I have or need the following,before applying? TOWNHALL JAN 18 Board of Health SOUTHOLD,NY 11971 j 4 sets of Building Flails TEL: (631)765-1802 Planning Board approval FAX: (631)765-9502 " , i Survey i, www.northforlc.net/Southold/ PERMIT NO. 31,l.62t Check Septic Form f . N.Y.S.D.E.C. Trustees Examined (,10,2Q2r • Contact: Approved p ?/"� - - - Mail to: Disapproved a/c 1/3 6 14_1L_ -- ' Phone: Expiration t)6'20,oJ tulchng Inspector Cr:.�1-\l�f T.....1_,` � PPLiCATION FOR BUILDING PERMIT ‘:- 0 1:.,,n ., Date 3, 16 ,20'd . `\-------CC)c).� O Pjltot0 INSTRUCTIONS f • a.T is a ion MUST be completely filled in by typewri er.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. 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. phn eer-i-a- , [Ut,t.-rade( (Signature of applicant or name,if a corporation) • I3ko ©a_fcw(lod., I'Ortu, ciii1,,..-4o t (Mailing address of applicant)ApLf III 7t State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder 6e.n er o-1 Crm_�I-r�,� r. L• 1O Name of owner of premises • rtkLe_, 601 lin ars-) ' (As on the tax roll or latest deed) If applican is a corporatiotj,signature of duly at horized officer it cicD � 5• di l" ame and title of corporate officer) Builders License No. / / qq S /--T. Plumbers License No. . Electricians License No. Other Trade's License No. 1, Location of land on which proposed workill be done: 1)5f lits-mc.,t,o Pa—Y� Ea,./Y-- ( - Ea7 cLriv, House Number Street I-Iamlet County Tax Map No. 1000 Section 3 ( Block 11 18ntioamouton O LI Subdivision Filed Map No. dhwst4 t0 ets12,aildfarintal1 ,,,y (Name) -Vtnta311D1l02,SSE rOaCiata.13t1 ._,,.,,,,,,US,C lilul eutirp3 mioT 2. State existing use and c ` Fancy of premises and intended use and occupa tf proftose onsttuet{ti1 f 1,t;,•+;• `, a. Exist..ig use an upancy 0 c e- 'fz�.m tt c..w-e.l t l ' b. Intended use and occupancy One �n-m►fid_ di.0(At t.ng ' 3. Nature of work(check which applicable):New'B;tilding i Addition x' Alteration ' Repair, ; Removal , . Demolition ifOtherWork ! (Description) . 4. Estimated Cost 4107 00 C)O aFedr1,,. _. '''''. rya" r i"\ 4 . (To bid on filing this application) 5. If dwelling,number of dwelling units 1 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 D.A. ---/ i Rear 2-s. Depth qO Height I(, Number of Stories I • Dimensions of same structure with alterations or additions: Front a . Rear ani• ( Depth L17. Height Number of Stories ,� 8. Dimensions of entire nyw construction:Front a .0 Rear �cr.C . Depth LI), Height S6 Number of Stories •� , 9. Size of lot:Front 6Z) r Rear 50.in] I Depth a 06.0 7 10.Date of Purchase Natne of Former Owner i 11.Zone or use district in which premises are situated eV'lb'Ili-►a-t 12.Does proposed construction violate any zoning law,ordinance or regulation?YES • NOy/ • ' , . • • 13.Will lot be re-graded?YES NO t/Will excess fill be removed from premises?YES► K NO itmo IvY '14.Narhes'of Owner of premises�-(�ru_e e- fo I Irnr'`Address AO Ma ' u one N .// Name of Architect ' n. I r 1.'►' 'Address • •,:•1 t-/ll Phone No I !/8 - S 'Name of Contractor' f 1 ,Lr i Address „[i ., .i _ d- . Phone No. lv S-/r' of Actiii9/S-- / 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES Y 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. ee-C ,I ,f tv 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) SS: COUNTY OFSWI k-.)• (Lin de_. /O. 12tr+rij being duly sworn,deposes and says that(s)he Is the applicant . (Name of.individual signing contract)above named, (S)He is the L'UYl`1-f0.CSI , ' (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 applicatk that all statements contained in this application are true ib-the best of his knowledge and belief;and that the work will be. perfonned in the maturer set forth in the application filed thei'Iwith. Sworn to before me tli 11• day of y)\-- 20 c9 6 , 9?,, , ,o . ary Public Signature of Applicant BONNIE J.DORM , 1 Notary Public,State 01 New Yet No.01006095328,Suffolk unt$ Term Expires July 7,20 FIELDV�SPECTION REPORT I DATE I v COMMENTS FOUNDATION(1ST) ah . Y Zt4 FOUNDATION(2ND) . Z 0 U ROUGH F - PLUMBING H. IP . INSULATION PER N.Y. y STATE ENERGY CODE r . FINAL ADDITIONAL COMMENTS co • oi - ,-. /_ ,._ - ' AV° '' ,. , i ) 0 . ______r_________ _ _2,4-4 c _a_,„4._.__.„2,_ . * 60%fir . ., f ; , , , l�alX. / -- Z vr_ /..., /4 •,:-/.r• , 4 4 ... I d �► 0 1 7 iP ' . . . ._ ( . Goy,., Ir z . • op L 1.4 41 0 C O t! 133 JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 11952 (631)298-7116 To: Town of Southold Building Dept. 19T.R.IA �� I' III i'-'u IR 9 2005 . J Re: Unsafe Foundation 1...Bollman �,_o 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. • 1*. #.i •r;� + o' Sin -rely 131 ri It Fut} `OAR Q 07-'� ,'V Janie . ll •e 'ski John Bertani Builder Ince: ' ,, - 'u ' 1380 Oakwood Drive ;I JG Southold, N.Y. 11971 • i • 7 {►-••: (631)765-1594 r'" PPT. FAX(631)765-3916 ---r'-=! S'F____`y' '�":'nLb 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, • 915-L-- • John A. Bertani President JAB:lb 1 , 1 = Page 2 of 3 - Appeal Application • 0-/- 1 1 l Irl Q L11. • 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 environmenta: 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 protects the character of the neighborhood and the health, safety, preserves he community. and welfare of tthe ( ) Check this box and complete PART B, Questions on next page to applyUSB VARIA C SLA DARDS. (Please consult your attorney.) Otherwise leaseProceed to the si nature a notary area below Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit,authorization from Owner)__ (Notary Public) MIA App 9/30/02 • • Page 3 of 3 - Appeal Application • • • Parf 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 p _ A, Questions on previous page to appl AREA VARIANCE STANDARDS (Pie-digit' consult-your altorney.) Otherwise. please proceed to the signature and notary area below. • Sworn to before me this . Signature of Appellant or Authorized Agent day of 200 (Agent must submit Authorization from Owner) (Notary Public) ZDA App 9/30/02 ) • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): N 0 f. Ct pp ('u 6�' . 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, l •; j n ION' qv,' rcl rocs._ • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? DYes 0No B. Are there any proposals to change or alter land contours? DYes 0No 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, •I •' r • -I APPLICAT' I 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: 62001d pr , (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: Pp'u( —Rom •CC�f/►�i lvClq U /I O'1G1 c ?DU 10 i✓I a' 1 ,11ss e-b o' '+ � i S S u i FIC.j Oat A n1fi y C 'r,M g Z ;A 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); —--- _ _ _Q_km o_fficer,_director, partner,-or_empioyee of tl e a plicant•_or ___ - pl- - , - D) the actual applicant. ----.. ._ --- -- DESCRIPTION OF RELATIONSHIP Submitted this 3' 'day of A U Sd 2OOb • Signature: eta.44.4/ loam Print Name:/ C ' r . 3oLt, oto SURVEY OF PRG_ 'RTY H SITUATE: EAST MARION N TOWN: SOUTHOLD SUFFOLK GOUNTY, NY , SURVEYED 03-30-2005 T '� E SUFFOLK COUNTY TAX e o% S 1000-31-13-3 S� 9�O� CERTIFIED TO: 9..rs John C.WiWnme 9. Jennifer B.Gould Commonwealth Land Title Insurance Company , 0 0 c) 00 Dp 1 i s'-, 1 /0�\" /off M%ah.+ , / 0c4. ° �1 +0\9° •A P �s90 g5' 1 r, \ • O s see. hof 04� @ 1... 1 C • sU N T . r @ O^ O c oy 7 i `\ J ow 60 k .u�G ,yN • / 5.. ,, 4,., • X01 °I\b S QCan� .'h . ; q CV-3,, ,,,Of \ Nom_ "4' •-•% `.. 11 .9+..°'`,.t, ` 1 °O ae ^ �N� n o ° m\I . 1t..` t'' A.,\ o� n•0,0,,, °' GSO PON, N \ N7,' C" ' O \ 0' a A° D„,- 0vg.l op ' r°6 h M" p1 //nn , a° '� CV, 1K ?x. !(- 1 ;'' .\ sy (l/Jt NOTES, f- ' ..-.:.4.;.: 1'::".-S ... „ MONUMENT FOUND - �;i � ' ...- 11/2 STORY FRAME HOUSE ROOF PEAK AT 205'ABOVE AVERAGE GRADE „_ AREA = 1,410 S F or O 11 ACRE JOHN OHl VAT C. EHLERS LAND SURVEYOR • 6 EAST MAIN STREET N Y S 1.1C NO 50202 1 GRAPHIC SGALE I"= 20' RIVERHEAD,N Y.11901 369-8288 Fax 369-8287 REF\\Hp server\d\FROS105-147 pia 08/29/2005 11:51 6317659064 ZBA PAGE 02 l'�g11FFOL,j 4Office Location: �' ► OGf�\ Mailing Address: ,��� ` \ Town Annex/First Floor,North Fork Bank x 53095 Main Road 54375 Main Road(at Youngs Avenue) p ,/ P.O.Box 1179 Southold,NY 11971t No*. ,s Southold,NY 11971-0959 '-791 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 a0proval 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). Xh s b:f 6 08/31/2005 08:15 6317659064 ZBA PAGE 03 %� 0�SO�j' I yo Town Hall.53095 Main Road , * ; Fax(631)765-9502 P.O.Box 11.791 �4,,,; Telephone(631)765-1802 Southold.Ncw York t 1971-0959 �CEIVED 'eco mrr,� ''' RAUG 3 0 2005 BUNG DEPARTMENT TOOF 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 tonormal 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. _..- . ... • • -� "►^ fa_• Pre- L� 29174 64- tt,j) Michael J. Verity `' Chief Building Inspector KIERAN M.CORCORAN Notary Public State of New York No.02C06119838 0uelified in Suffolk Counw Commission Expires December 6,2001. 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. RUTH OLIVA, , being duly sworn, deposes and says: I am the Chairperson of the Southold Town Zoning Board of Appeals; 2. On September 1, 2005, at approximately 2:48 PM, I served the within Restraining Order on the Southold Town Building Department by delivering a copy personally to Damon Rallis, permit inspector, a person of suitable age and discretion, at the Southold Town Building Department, Southold Town Hall Annex, Main Road, Southold, NY The person so served is described as sex: M ; skin color White ; hair color: Dk. Brown ; height: 5'8" : weight: 175 ; age: 30 Military Status: I asked the party served if he was enlisted in Military Service and he replied that he was not. 691,1,=4, Sworn to before me this 1st day of September, 2005 Notary Public JAYNE P.MARTIN Not tYPublicAateofNewYork No.7738235 Qualified In Suffolk Coi + Cor halon Ems Jan.31;›11O 07 x In the Matter of the Appeal of Jennifer B. Gould(Appeal No. 5781) 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 26, 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 MICHAEL SENDLENSKI,person of suitable age and discretion and authorized to accept service on behalf of HARVY ARNOFF, ESQ. at 204 Roanoke Avenue, Riverhead,NY 11901 at approximately 11:00 AM on 8/26/2005. 3. The person I served identified himself as Michael Sendlenski, and I describe the person I served as follows: Sex: male Skin Color: white Hair Color: brown Height: 6' Weight: 250 Age: 32- approximately Military Status: Based upon information and belief of party served,Michael Sendlenski is not in the military service of the United Stat (-7;) .• LINDA M. TONYES S e to befor- e this /da o August, 2005. --/- - --- / CYNTHIA M. MANWARING NOTARY-PUBLIC, STATE OF NEW YORK NO:01MA6100507 QUALIFIED IN SUFFOLK COUN COMMISSION EXPIRES OCT.20 Avkip.b, 0kv\P 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(Uown.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 77.7-39'/d TO: ( o Zi,A-4A-Ly /, ,� ry c DATE: l ( /2005 ' 'i`� �a °L� '�/ 8 RE: &LL L--o-t-L , MESSAGE: (X) Correspondence or related attached, regarding your inquiry today. e-4-4-A-) ^ / �n Thank you. Pages attached: . ACTIVITY REPORT TIME : 09/01/2005 15:35 NAME : ZBA FAX : 6317659064 TEL : 6317651809 SER.# : BROJ3J726019 NO. DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 08/22 08: 51 631 765 6145 35 01 OK RX ECM 08/22 09:39 6318535905 01:41 05 OK RX ECM #001 08/22 11:27 92982651 49 02 OK TX ECM 08/22 14:11 6318535905 01:15 03 OK RX ECM #002 08/22 15:54 97342774 01:42 02 OK TX ECM 08/23 10:07 631 765 6145 35 01 OK RX ECM #003 08/23 11:25 92983287 46 03 OK TX ECM 08/23 13:12 631 765 6145 35 01 OK RX ECM 08/24 16:06 17707243904 30 02 OK RX ECM #004 08/25 10:06 94772601 36 02 OK TX ECM #005 08/26 14:45 97273940 44 03 OK TX ECM #006 08/29 08:49 93695132 01:20 04 OK TX ECM #007 08/29 11:51 94772601 32 02 OK TX ECM #008 08/29 15:41 92988565 45 02 OK TX ECM #010 08/30 16:08 97273940 53 03 OK - TX ECM 08/30 16:13 631 298 8565 47 02 OK RX ECM #011 08/30 16:27 94772601 00 00 BUSY TX #012 08/30 16:38 94772601 00 00 BUSY TX #013 08/31 08:15 94772601 58 03 OK TX ECM #014 08/31 10:59 92838667 30 02 OK TX ECM 08/31 13:38 631 283 8667 I 31 02 OK RX ECM 08/31 15:08 631 765 6145 36 01 OK RX ECM #015 09/01 14:53 94772601 41 03 OK TX ECM 09/01 15:00 631 765 6145 37 01 OK RX ECM #016 09/01 15:27 97273940 42 03 OK TX ECM BUSY: BUSY/NO RESPONSE NG : POOR LINE CONDITION / OUT OF MEMORY CV : COVERPAGE POL : POLLING RET : RETRIEVAL PC : PC-FAX ,,, �.. • APPEALS BOARD MEMBERS �,•��OF SO(J7J Southold Town Hall Ruth D. Oliva, Chairwoman ,�,�4 4 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * Southold,NY 11971-0959 Vincent Orlando ` ci, Office Location: James Dinizio,Jr. OQ �,, Town Annex/First Floor,North Fork Bank Michael A. Simon ; COU 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 1 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. 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- _„ ... . �� ,�%pE SO�r�o Town Hall,53095 Main Road * S Fax(631)765-9502 P.O.Box 1179 G Q ,� Telephone(631)765-1802 Southold,New York 11971-0959 t.RE .. •� C I ® you ,t,\ AUG 3 O 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. , Michael J. Verity G � Chief Building Inspector KIERAN M.CORCORAN Notary Public,State of New York No.02C06119838 Oualified in Suffolk Coun Commission Expires December 6,2001c.,-.,: , . f 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. MUCta- t(11160i3eing duly sworn, deposes and says: I am over the age of 18 years, I reside at Sot.AlioGtj To u A .96kAc6 ‘Qc- \ C, S , and I am not a party to the above-entitled proceeding. 2. On September 1, 2005, at approximately £3cPM, I served the within Restraining Order on 10,1154. C the FOri�,rnl of Sftc t° ' r , a person_of suitable age and discretion, at 1755 Truiman's Path, East Marion, NY 11939. The person so served is described as sex: (`n ; skin color D ; hair color: 13L2►L; height: 510 : weight: Zoo ; age: 33 Military Status: I asked the party served if he was enlisted in i ary Service and he replied that he was not. 4 Sto Sworn to before me this 1st day of September, 2005 elk A"' - dy(A}LC___ Notary Public JAYNEP.NM= f NotelY MooSfei Ygk No.7738236 Qualified Ii Suitt CoiJdy Commission Expires Jan.31,r�0 07 q)zies cp‘ .( ---___ Office Location: ������ co Mailing Address: Town Annex/First Floor,North Fork Bank y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 +�� P.O. Box 1179 Southold,NY 11971 • y,�O1 ���'•0� 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,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). 4.,i.%,n3`,7e,.,��>:e r,`._i,ce.£r :, S3. .'tf'� •'J'^..-``. -..f 1, ; 1111 \ �{ ° ` Wv. .',_i,. ,7. t -' a' `t iK'._^.<..s: r.;.,7�., `r ' '....�-1 1{' Sr If l .� d .irr M?,,. _ z ^ ;.,. _4°, ,p "eTow-n C .'4.2:4,,::-_,4_4.,` MildrZ A.,,u - _ ' a :: 1 c ,,/:, 7,r1,777",'_ .r4, ». "::,7 'a:„t j- "-,T ,rs -T7 :-» ,i;'''''' - 2 ,'.App.,iDiamea:,. Qp;h a=:QFle, i `��6eBaVm bet,'James oi Unlsep. �. _ . �/ �' l - n l : � E g} Search.. Heprrg'Tre . •.,-'1 �F�;' ; ;.�:,. i . -. : , ,. ,. : ` r _ ��& ^ y , ° M1 File:Nur(ber 5680 Tax;M z s 1*w;Sp� � . . ;. v...x. T. S 4F . � 4 ., _ ,:- sfiIApp� Name..B LLMANW. BRUCE8MARY MA NN'; , 2/10/D5 x " 2eceivedz�ate;: T,ot:�Fee_s.:` � Q3a).0 , �,s:.a ,� - - �-.4 • :� ':°- gi.••:„''''''.:,.:: :: >E ;H` .` A4 , , - " ip ©ateforwarcledtoTownClerk '''5') 2/10/05HarrmletEast Marion iType:'Residential : fiMe`tiOgPatess .ie. ,13uildijri .'D i ge'itiV; Open [Ate Conditional Approval _ 9 ' :? ` w9. ep'� ryz'<` "' J ' .. t$�'+ffi r Met .m t: 5 Locattorl 1755 Trumans Path :. r?9: �� £N D 2/3/0 i" D �• C}r `te 1 _,� Bulkhead- setback and lot covers '=,N-a, 3/31/05:•: 3/31/0 ,= e �rin�:©ate bND=tDatie2 ,7-!..19.1*.,"`';'-'"; ,, , ge for house � � ,: .. _. _ .� :.- 5I 3 4''' substantially rebuilt/replacement of existing, 100- �3.,Hearingi,Date,2�r 5/4/05 i eND°=Datea3 `' ` ,copy 1 . 244 and 100-239.46 5/12/05 approval. See Board's -,,i : '',.%_ , ''''' 144 PP:4 r. . 91.1L0-.. essQ.Liep.aeni ciaP .a sczref .GQuld c ea gaD „, _Da .N AoQe�l� H rirt at :3' 9/29/05 ©. a"4 H to Dae , ''4b•:Applicant chose a° '; ,,, >~;.¢::�. ,�. to rely on 21% lot coverage calcs, £s � ;:f`r4 �.�:ry�.x;=::. �'- _�� � ,:: r�irig` a_ ���Nrp z Notes =x}=-8/9/05 upd: see engineer Itr ref crumbling Nearing:Date`5 ` ND''D"ate:fi �° ; °,` --- ',, ,., r, foundation &emerg. reconstruction. (5/4/05 PH N 3 ` ,,. . .', ,j;s,. ',Act' :,.: - 1'ND Date 7 1 ,'`l op.M.. c 1.i.� Cao_u1d147Z-02.3_voxk#jo..�r.,13oI1rr1s.._ - q 019/05'"- „;..filiti (AP-S. {"NU ::E .,-.; �; 7 , _ „; vel'-• ?db tia So � to Pocesing p -dnent,a , - :,-. /