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HomeMy WebLinkAbout5680 . APPEA.LS BOARD MEMBERS Ruth D. Oliva Gerard P. Goehringer James Dinizio, Jr. O1airnBn Michael A. Simon Leslie Kanes Weisman . . Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hnp:/ /southoldtown.northfork. net RECEIVED q. ~ 3:0bffll, MAR 2 2007 ~alf'.,:;/... S<>t ;1.;:,/11 TOWl! (!erl ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 8, 2007 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 square foot parcel has 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line. The one-story, single-family dwelling was removed, and the accessory garage building remains as shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. FINDINGS OF FACT The record of the prior hearings of the Zoning Board of Appeals with respect to this application were incorporated by reference. The Zoning Board of Appeals reopened and held a public hearing on this application on January 25, 2007, for the purposes of receiving documentation and testimony relative to LWRP Code Chapter 95 (renumbered 268), Local Waterfront Revitalization Program Law. On January 25,2007 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: BASIS OF BOARD'S JURISDICTION: The Supreme Court under Index No. 05-28436 rendered an Order remanding the case to the ZBA for the purpose of reconvening and complying with Chapter 95 Local Waterfront Revitalization Program Law (LWRP) procedures. A variance was sought based upon the Building Inspector's disapproval of an application for a building permit to substantially remove or demolish and reconstruct a new single family home. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a singie 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. ZBA DETERMINATION RENDERED MAY 12. 2005 for AREA VARIANCE RELIEF: In a decision rendered May 12, 2005, the ZBA granted applicant's request to retain the existing nonconforming location of the foundation, with reconstruction of the dwelling on the first and second floor and enlargement with small addition, as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, L.S. The relief granted was related to the location of the new construction areas, as follows: (a) minimum setback at 8.9 feet for the second-story from the westerly side property line, (b) setback at 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. Paile 2 - February 8, 2007 .- ZB Ref, 5680 - W, Bruce and M. B-'n eTM Parcel # 31-13-4 . ZBA DETERMINATION RENDERED OCTOBER 27, 2005 for AREA VARIANCE RELIEF: In a decision rendered October 27, 2005, the ZBA void and terminated the May 12, 2005 decision, and granted variances for alternative setback relief, subject to eleven (11) Conditions. LWRP DETERMINATION LWRP REPORT ISSUED UNDER TOWN CODE CHAPTER 95 (268): LWRP Reports prepared by Mark Terry, Senior Environmental Planner and LWRP Coordinator, issued December 20, 2005, and resubmitted December 28, 2006 and January 19, 2007 were entered into ZBA #5680. This information was considered by the Zoning Board of Appeals, with testimony and information submitted during the January 25, 2007 public hearing. The LWRP report states that the proposed action is generally CONSISTENT with the Policy Standards. The LWRP Coordinator recommends that "the Trustees require that the septic system be relocated to achieve a 100 ft. setback from the top of the bluff line pursuant to Chapter 97-12. Findings; purpose; jurisdiction; setbacks; unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction." The applicants obtained an amended Permit (#5901) from the Town Trustees relocating the septic system at a minimum of 100 feet. The foundation of the proposed structure currently exists and is located in Flood Zone X, an area outside of the 500 year flood zone. The applicants propose gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure and a pervious driveway. No part of the applicant's structure is located seaward of the Coastal Erosion Hazard Area. For these reasons, the Zoning Board of Appeals adopts the LWRP Coordinator's recommendation, determining the proposed action CONSISTENT with the LWRP Law. AREA VARIANCE/REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The ZBA relied upon information offered during the first Appeal in the Spring 2005 indicating that the applicant's foundation would not be removed. Since that variance determination, circumstances changed because the foundation was removed. Based on these circumstances, the applicant is able to relocate the dwelling to increase the setback on the westerly side yard, and to bring the side yards into more conformity with the code requirement. Several other houses in the neighborhood have similar side lines and yards. The ZBA also relies upon information offered during the January 25, 2007 hearing that the southerly side of the foundation remains 35.2 feet landward of the bulkhead and at 12.6 feet on the easterly side yard setback, seaward of the Coastal Zone Management (CZM) line and the same as that decided in the ZBA determination issued October 27, 2005. There has been no change in the setback on the westerly side of the foundation, which continues to be proposed at a minimum of 11.6 feet from the second-story of the proposed structure and which also is seaward of the Coastal Zone Management line. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is only 50 feet wide. The total remaining yard area for both sides, if the dwelling were at a maximum of 29.5 feet in width, would only be 20.5+1- feet, instead of the code required 25 feet for both side yards (total combined). 3. The variances granted herein are substantial. The foundation was removed, and a more conforming side Pa.Qe 3 - February 8, 2007 . ZB Ref. 5680 - W. Bruce and M. B an eTM Parcel # 31-13-4 . yard setback can be obtained by moving the dwelling closer to the side yard as determined in the October 27, 2005 ZBA decision. 4. The difficulty has been self-created. The area that contained the former foundation has since been excavated and cleared, for placement of a new dwelling foundation. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 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, the following Resolution was adopted: On motion offered by Member Oliva, seconded by Member Weisman, it was RESOLVED, to VOID and TERMINATE the May 12, 2005 Decision under ZBA Appeal No. 5680; and be it further RESOLVED, to grant the variances (also written in the October 27,2005 ZBA Determination), setting back the new second floor wall by three feet (for more side yard conformity), as shown on the hand- drawn elevation diagrams with ZBA date stamp April 11, 2005, SUBJECT TO THE FOLLOWING CONDITIONS: 1. a) The 29.5 ft. wide dwelling shall be a minimum of 8.6 feet at its closest point to the westerly property line, resulting in a 2.7 ft. further setback to the east (instead of the prior ZBA requirement for a 5.9 ft. minimum setback). b) In addition, the 29.5 ft. wide dwelling shall be a minimum of 10 feet from the easterly side yard line, resulting in a 2.6 ft. reduction in the setback (instead of the 12.6 ft. setback approved in the May 12, 2005 ZBA Decision). 2. Both side yards shall remain open and unobstructed for access of emergency and maintenance vehicles. 3. The basement entry and wooden steps that are presently located on the easterly side yard must be moved to another location so that they do not interfere with or encroach into the setbacks approved by th is Board. 4. The height shall remain limited to a maximum of 27 feet to the highest peak (as proposed and approved in the May 12, 2005 determination). 5. The new second fioor wall on the west side shall be a minimum of 11.6 feet from the westerly property line, resulting in a further setback of 3 feet from the 8.6 ft. side yard setback noted in Condition 1-a, above. 6. That the area covered with canvas in the front yard (street side) of the house be entirely removed. 7. That the driveway shall consist of pervious or gravel materials for proper drainage. 8. No building permit shall be issued until a new application for a building permit is submitted that meets all of these conditions set forth in this decision and is reviewed (for compliance with the ZBA conditions) by the ZBA Chairperson or other representative in the Department of the Board of Appeals. Page 4 - February 8, 2007 ,. zEi Ref. 5680 - W. Bruce and M. B-'an CTM Parcel # 31-13-4 . 9. That the kitchen area and cooking facilities shall be removed from the accessory building prior to issuance of a certificate of occupancy for the new dwelling. 10. The setback to the bulkhead shall be a minimum of 35.2 feet and the lot coverage shall not exceed 21% (exclusive of waterfront dock, walks, apron, and minor step areas) as applied for. 11. The owner or his/her authorized agent shall notify the Zoning Board of Appeals in writing in the event of any proposed changes in circumstances, or new developments, after issuance of this variance. The Zoning Board of Appeals reserves the right to require a new application with respect to any change in nonconformity that is restricted by this variance determination and the provisions of the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. That these ZBA conditions be writtenlreferred to within the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman~.a, and Weisman. (Member Simon abstained. Member Goehringer was absent.) This Re 0 ution was lyopted (3-0). Ja es Dinizio Jr., /2007 A proved for Filing . . Office Location: Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://sootholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTH OLD Tel. (631) 765-1809 Fax (631) 765-9064 March 2, 2007 Bv ReGular Mall and Fax Transmission Frank A. Isler, Esq. Smith Finkelstein Lundberg Isler and Yakaboski, LLP 456 Griffing Avenue P.O. Box 389 Riverhead, NY 11901-0203 Re: ZBA Determination - CTM 131-13-4 (File No. 5680 - Bollman Premises) Gould v. ZBA Dear Mr. Isler: Please find enclosed a copy of the Zoning Board of Appeals determination rendered at our February 8, 2007 Meeting and filed today with the Office of the Town Clerk. Copies were also forwarded today to Attorneys Harvey Arnoff and Eric Bressler for their records. Thank you. Very truly yours, Linda Kowalski Encl. cc: Kieran Corcoran Assistant Town Attorney --. . . Office Location: Mailin~ Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 hUp:/ /southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 2, 2007 ReQular Mail and Fax Transmission 727-3940 Harvey A. Arnott, Esq. 206 Roanoke Avenue Riverhead, NY 11901-2794 Re: ZBA Determination - CTM 31-13-4 (File No. 5680 - Bollman) Dear Mr. Arnott: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the February 8, 2007 Meeting. I have also furnished a copy of the enclosed to the Building Department today for their permanent records. Thank you. Very truly yours, Linda Kowalski Enc!. Office Location: . . Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 1l971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 2, 2007 Eric J. Bressler, Esq. Wickham Wickham Bressler & Geasa Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA Determination - CTM 131-13-4 (File No. 5680 - Bollman Premises) Dear Mr. Bressler: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the February 8, 2007 Meeting. Thank you. Very truly yours, Linda Kowalski End - . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JANUARY 25. 2007: 11:05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: January 3, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 . I \~~dY '01 ~ '% 'I!,1'1{ ~ \ ~~ \~~\\)"\ L :GAL NOTICES LEGAL NonCE SOurnOLDTOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearings will be .held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.o. Box 1179, Southold, NewYo;k 11971-0959,00 THURSDAY, JANUARY 25, 2007: 9,50 A.M. ROBERT and SUSAN SOMERVILLE #5993. Request for a Variance under Section 280-124, based on the Building Inspector's November 15,2006 Notice of Disapproval, amend- ed January 3, 2007, concerning proposed additions and alterations to the existing single-family dwelling with a front yard setback of less than the code-required 35 feet, at 595 Oakland Court and Shady Lane, Southold; CTM: 90-4-1. 10:00 A.M. FillCO #5990. Request for a Special Exception, based upon Code Sections 280-48, B6 and B8, con- cerning a proposed conversion of the existing building to recreation facility and (nonprofit) meeting hall, in this B- General Business Zone District. Loca- tion of Property: Fox Lane Building #98 and Greenwood Road, Fishers Island; OM 12-1-5.1. 10:15 A.M. SANDY GROUND LLC and S. PERRY #5992. Request for a Variance under Section 280-18 to reduce a lot to less than 40,000 square feet in this R-40 Zone, based on the applicant's submission of an application to the Southold Town Planning Board under the Subdivision Code (Chapter 240) for a lot line change. The pro- posed lot line change will increase the improved lot (Parcel 1) located in the Hamlet Business Zone District from 10,498 square feet to 29,088 square feet (plus 3,228 square feet of area of flag and right-of-way to Parcel 2), and will reduce the residential (Parcel 2) from 4(j,967 square feet to 24,891 square feet (plus 3258 square feet for right-of-way and 3,228 square feet flagged area, also within the boundary of the paxccls). Lo- .cation of Property: 57190 Main Road (S.R. 25) and private right-of-way ex- tending 244.19 feet from the east side of Town Harbor Lane, Southold; CTM 63-4-3 and 5.1. 10:20 A.M. ARTHUR AIELLO #5995. Request for a Variance under Section 280-122 (100-244), based on the Building Inspector's June 16, 2006 No- tice of Disapproval concerning a pro- posed 16' by 20' accessory garage which increases the lot coverage over the code limitation, at 615 Marlene Lane, Mattituck; CTM 143-3.26. 10:30 A.M. RUSSELL and FLOR- ENCE PELLICANO #5991. Request for a Special Exception under Section H.lO-3lB of the Southold Town Zoning Code. The Applicants-owners request a Bed and Breakfast use, incidental to the owner's occupancy in this single-fam- ily dwelling, for lodging and serving of breakfast to transient roomers, as an ac- cessory use. Location of Property: 9680 North Bayview Road, Southold; CfM 79-8-13.1. 10:40 A.M. PHILLIP and LINDA KERMANSHAHCHI #5986. Request for a Variance under Section 290~14. based on the Building Inspector's Oc- tober 20, 2006 Notice of Disapproval concerning an as-built addition to the single-family dwelling with a setback at less than the code-required 60 feet from the front lot line, at 7213 Peconic Bay Boulevard,Laurel; CfM 126-10-1.2. 1050 A.M. HENRY RUGGIERO #5982. Request for a Variance under Section 280-122, based on the Building Inspector's October 26, 2006 Notice of Disapproval concerning alterations and/oJ' reconstruction of an existing sunioom, which will increase the degree of nonconformance when located less than 1J feet on a single side yard (ZBA Interpretation No. 5039 in the Walz ap- plication). Location of Property: 425 Calves Neck Road, Southold; CTM 63- 7-29.1. 11:05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 2fi8 (Local Waterfront Revitalization Law). TIlis is an application concerning a request for Variances under Section 100-244, based on the Building Department's February 3,2005 Notice of Disapproval, concern- ing an application for a building permit to substantially remove or demolish ex- isting dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limita- tion of 20 percenl, and (4) at less than 75 feet from the hulk head Location of Property: 1755 TruIlIilns Pnth. East Marion; CTM 31-13-4. 1:00 PM. WILLIAf\1 E. LEHM- ANN and ALICE LEHMANN #5989. Request for a Variancc under Section 280-13A (100-3 lA), bnsed on the Build- ing Inspector's July 28, 2UQ6 Notice of Disapproval which states that the pro- posed garage is not a permitted use on this vacant properly located at 725 Rab- bit Lane, East Marion; CTM 31-17-17. 1:10 PM. JOSEPH E. GULMl and SUSAN BRAVER #5994. Request for Variances under Sections 280-13 (for- merly 100-33) and 280-105, hased on the Building Inspector's December 11,2006 Notice of Disapproval concerning an as- buill swimming pool in n location other than the code-required rear yard and fenee height exceeding the code height limitation of four feet, at 250 Pint; Tree Court, Cutchogue; Parce198-]-7.1]. 1:15 PM EAST T\-1ARION FIRE DISTRICT #5972. Puhlic H~aring re- opened for purposes of receiving lesti. many relative to projected telecommu- nications coverage for tower and anten- nas at heights over 80keL A Variance under Section 280-69 (lOO-162A3, AS) is requested, hased on the Building Inspector's July 25, 20()(i Notice of Dis- approval, for construction of a proposed wireless communication/telecommuni- cations tower on property owned,leased or otherwise controlled by a special dis- trict approved by the commissioners of the special district. The proposed tower will exceed the code limitation - with a height greater than 10 feet above the average height of buildings within 300 feet of the facility, OR if there are no buildings within 300 feet, these facili- ties shall not project higher than 10 feet above $e~ve~<:t~~ tree_ c_~9~Y;:AA_~~~ii that ladi~s' ml::tl~ure~,fr:!)nt~t5~dj6\;e If there are no bliHdinss witlun 30lHe,f of the prgpose,d facilitysit-e,all- t~~eeOlt - nmnkatipn t?w,efs shall be sUrfuuQde ~Y4ense tt:~(g~owt{1,~[si~q,~~S the faciiity i~al1 di~e'ctibns;L6.catio.ll,;~ Property: 9245 Mai.nRoM;Ea~t~tuiQI CTM 31-J-11.31 contaiIiing,~.05\aeres. The Board of Appeals, wilL -h,e~r a person~ or their represell;~~!jN,~e;~: ip,gto be heard at each. helM1i~r!hd~( desiring to submit ",:r~W1,~~~~Jm1~~1 before the conc1usion"ol-'.&1{djf,fliea- ,~g: Each hearing wil1~9.tN~,~~r~t th~9 designated above. ,,1fil.W~v8i abl~_,-~~r revie~';,~~~~l;'_,rr.gu~~[~__bus ness ~~qrs and;'PJ;;l~tlQ,~_~~~r,f'tb beant1~', If you have q1,lCStions;, p~ea~ do;nQt he~i~tt!:" tp. poPtac(,gtir:\Af;jjk at (631) 765-1S09, ot by em"~, und. Kowalski@Town.Southold.ny;U& Dated,;-January4,2Q9?~ i" -:;,' ,,',;' ,,' ZONING BOARD OF AFPBAl JAMES DINIZIO, JR., qJAIRMA 54375 Main Road-(OfficeLocatiol 53095 Main Road (Mailing Add,... P.D. 'Bdx'tli Southold, NY 11971-09~ 8172-IT1111 fI , #8172 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 11th day of ~ ~~~7. !2tN~~Yddl Principal Clerk Sworn to before me this 2007 V2- day of QJ VlVJh.(j;l W ~)~ } ( CHRISTINA VOllNSKI NOTARYPUBlIC.STATE OF NEW YORK No.Ol.V061050S0 Qualified In Sullolk County Commission Expires February 28. 2008 ,,~ ) \1 . ir'a-~. I.J' Y tJ .\0 "11 I(" ~. .~.. ~ V\ \\ . , \'<, \ . . SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 45G GRIFFING AVENUE, GORNER OF LINCOLN STREET P.O. BOX 389 RIVERHEAD, N.Y. 11901..Q203 FRANK A. ISLER SUSAN ROGERS GRUN GAIH G. BETTS JEANMARIE GUNDERSON PHIL SIEGEL (631) 727-4100 HOWARD M. FINKELSTEIN PIERRE G. l~UNDBERG OF COUNSEL FAX (631) 727-4130 E-MAIL: sfliy@peconic.net FRANCIS J. Y AKABOSKI OF COUNSEL JAYNE ST.JAMES REGINALD C. SMITH 1920-H-)8:3 November 14, 2006 VIA FACSIMILE and MAIL Ruth Oliva Chair of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Gould v. Town of Southold ZBA - Index No. 05-28436 Dear Ruth: Several weeks ago, the above Article 78 case was conferenced before the Court. At that time, the Court attempted to get the neighbors to resolve their differences and indicated that if the case were not settled, the matter would be remanded to the Zoning Board for technical compliance with Chapter 95 with the realization that the underlying variance would be sustained if a subsequent Article 78 proceeding were brought. The parties did not settle the matter and, as a result, we were before Justice Costello yesterday. He placed a decision on the record remanding the case to the Zoning Board to reconvene and comply with Chapter 95 procedures. The Judge rendered his decision on the record which will be transcribed. In the interim, you can request that the LWRP coordinator supply you with his report on the property. If you have any questions, please do not hesitate to call me. .v.l1rytn.J. 1[1.. ~xv/ ..' - .J,-/ ! 1 ~. /' / I ,I ~/--.. / / i Frank A. Isler FAI/cs cc: Patricia Finnegan, Esq. - by fax (765-6639) _n ___ _____________ ____________ I \0D-'" ...lA.. ~ ~,~ I ~~~~ r\f , \ ' ~~G BOARD MEMBERS I I rs~ZE;RI~ YN B. WOODHOUSE -f Chair \ I KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND ~ , MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner L WRP Coordinator JtN..;l d. Z007 l 3 iJ''''I cS ) Date: December 20, 2005 (Resubmitted January 19, 2007) Re: ZBA File Ref. No. 5680 (Bollman) Amendment to Permit #5901 W. Bruce Bollman SCTM#1000-3l-13-4 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq. ft. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#3l-13-4 The Town of South old Board of Trustees issued a permit for the action on April 21, 2004 The foundation of the proposed structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed No part of the proposed structure is located seaward of the Coastal Erosion Hazard Area. The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top ofbluffline demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 268; Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issnance of any permit. p. (0\;3p . . Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by sitin2 structures to maximize the distance from Coastal Erosion Hazard Areas. Policy Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: I. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. p. J.~5 . . To further the intent of Policy 5.1 and 6.3 A which states; A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter ~ 97-12. Findings; purpose; jurisdiction; setbacks; unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction. Please contact me at (631) 765-1938 if you have any questions regarding the above. D. ~ bl 3, I . U Board Of Southold . Town Trustees SOUTHOlD, NEW YORK PERMIT NO. ... 510 L. w. BRUCE BOLLMAN ISSUED TO ..........................._...__..'..uu.................u.u ...... DATE: ... ~prilZ..~.L.?004 ........................................... 1\utl1orii!tdillU Pursuant to the provisions of Chapter 615 of the laws of the State of New York. 1893; and Chapter 404 of the laws of the . State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PlACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC lANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM lANDS UNDER TOWN WATERS;!~. and in accordance wHh the Resolution of The Board adopted at a meeting held on .u:"'r:>.':~luu~.1.' . 2.??~... and in consideration of the sum of $}5~.~.~~ .U. paid by W. Bruce Bollman .' ....................................... .......n............ ............ ....h... .....hn...h .. .........h.............................................. of ...u...I;:":.s.!u~":l."i().!l.m ..m.U ..... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southokl Town Trustees authorizes and permits the foRowing: WeUand Pennit to demolish the existing dwelling and construct a new two-story dwelling on the same footprint, and construct a first floor and second-story addition to the new dwelling, with the condition drywells and gutters are installed to contain the roof run-off, and all as depicted on the survey prepared by Joseph A. Ingegno last dated May 6, 2~rin accordance with the detai\ed specifications as presented in . the originating appllcation. IN WITNESS WHEREOF. The said Board of Trustees here- by causes as CorfxM'at~ ~al to be a~xed. and these :;:sents to "'-"'by'_'~.~~ ~ . ~ /fi; . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 21, 2005 Mrs. Linda Bertani John Bertani Builder, Inc. 1380 Oakwood Dr. Southold, NY 11971 RE: W. BRUCE BOLLMAN 1755 TRUMAN'S PATH, EAST MARION SCTM#31-13-4 Dear Mrs. Bertani: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, December 21,2005: RESOLVED, that the Southold Town Board ofTrustees APPROVE the Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing sanitary system and install a new sanitary system, with the condition the disturbed areas seaward of the dwelling are replanted in accordance with the planting plan received on January 5, 2006, and all as depicted on the survey prepared by Joseph A. Ingegno last dated December 22, 2005. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, b~.I9- ;!~.~- Albert J. Krupski, Jr. President, Board of Trustees AJK:lms . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #6263C Date: December 21, 2005 SCTM#31-13-4 Name of Applicant/Agent: John Bertaini Builder, Inc, Name of Permittee: W, Bruce Bollman Address of Permittee: 1755 Truman's Path, East Marion Property Located: 1755 Truman's Path, East Marion DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq.ft. section seaward of the CEHA. The Coastal Erosion Management Permit allows for the operations as indicated on the planting plan received on January 5, 2006 and the survey prepared by Joseph A. Ingegno last dated December 22, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) -1$... Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _ A relocation agreement is attached hereto and is a necessary special condition of this permit. _ A maintenance agreement is attached with application and is a necessary special condition of this permit. ~~ 9 .K~A. ~ Albert J. Krupski, Jr. President, Board of Trustees . . Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 .', Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 21, 2004 Mr. John Bertani John Bertani Builder, Inc. 1380 Oakwood Dr. Southold, NY 11971 RE: W. BRUCE BOLLMAN 1755 TRUMAN'S PATH, EAST MARION SCTM#31-13-4 Dear Mr. Bertani: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 21,2004 regarding the above matter: WHEREAS, John Bertani Builder, Inc. on behalf of W. BRUCE BOLLMAN applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated March 15, 2004, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 21,2004, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 . . '1/ ).// D t.f WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of W. BRUCE BOLLMAN to demolish the existing dwelling and construct a new two-story dwelling on the same footprint, and construct a first floor and second-story addition to the new dwelling, with the condition drywells and gutters are installed to contain the roof run-off, and all as depicted on the survey prepared by Joseph A. Ingegno last dated May 6, 2004. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, b~--f- 9, ~.t}. Albert J. Krupski, Jr. President, Board of Trustees AJKJlms . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 22, 2006 Mrs. Linda Bertaini John Bertani Builder Inc. 1380 Oakwood Dr. Southold, NY 11971 RE: W. BRUCE BOLLMAN 1755 TRUMAN'S PATH, EAST MARION SCTM#31-13-4 Dear Mrs. Bertani: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 22, 2006: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit #5901, as issued on April 21, 2004 and amended on December 21, 2005. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, ror~ James F. King President, Board of Trustees JFK:lms " - , MAIliNG ADDRESS: P,O, Box 1179 Southold, NY 11971 .9/1~.~,,- I / LW.lNr ( PLANNING BOARD MEMBERS JERILYN R WOODHOUSE Chair KENNETH L, EDWARDS MARTIN K SIDOR GEORGE D, SOLOMON JOSEPH L, TOWNSEND OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Zoning Board of Appeals ,/ DEe 2 8 2006 --i I , , I .,;\ From: Mark Terry, Senior Enviromnental Planner L WRP Coordinator Date: December 20, 2005 (Resubmitted December 28, 2006) . ~: :".i' Re: ZBA File Ref. No. 5680 (Bollman) Amendment to Permit #5901 W. Bruce Bollman SCTM#1000-31-13-4 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq.ft. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#3l-13-4 The structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top of bluff line demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policy Standard 4~1 Minimize losses of human life and structures from flooding and erosion hazards. f.t "{3{p .- ~ I I The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards bv sitinl! structures to maximize the distance from Coastal Erosion Hazard Areas. Policv Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: I. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. To further the intent of Policy 5.1 and 6.3 A which states; PJu-f3(JP . , e I A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter ~ 97-12. Findings; purpose; jurisdiction; setbacks; unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction. Please contact me at (631) 765-1938 if you have any questions regarding the above. P3i3(jiJ ',,\) , \1 lr'P'\-.\Q\<Q) \\' Y It" ~'~' , \' . ,\ ' e I SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW 456 GHIFFING AVEN1JE. CORNER OF LINCOLN STREET P.O. BOX 389 RIVERHEAD, N.Y. 11901-0203 FRANK A. ISLER SUSAN HOGERS GRUN GAlR G. BETTS ~TEANMARIE GUNDERSON PHIL SIEGEL (6:31) 727-4100 HOWARD M. FINKEL.';~TEIN PIERRE G. LUNDBERG OF COUNSEL FAX (6:31) 727-"'1.1:30 E-MAIL: sfliy@peconic.net FRANCIS J. Y AKAEOSKI 0:1<" COUNSEL JAYNE ST. JAMES REGINALD C. SMITH 19lZe-198U November 14, 2006 VIA FACSIMILE and MAIL Ruth Oliva Chair of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Gould v. Town of Southold ZBA - Index No. 05-28436 Dear Ruth: Several weeks ago, the above Article 78 case was conferenced before the Court. At that time, the Court attempted to get the neighbors to resolve their differences and indicated that if the case were not settled, the matter would be remanded to the Zoning Board for technical compliance with Chapter 95 with the realization that the underlying variance would be sustained if a subsequent Article 78 proceeding were brought. The parties did not settle the matter and, as a result, we were before Justice Costello yesterday. He placed a decision on the record remanding the case to the Zoning Board to reconvene and comply with Chapter 95 procedures. The Judge rendered his decision on the record which will be transcribed. In the interim, you can request that the LWRP coordinator supply you with his report on the property. If you have any questions, please do not hesitate to call me. . V, ,,.,, "r[11, ~, iVI ,,' ~! ' " (UA.. / , Frank A. Isler FAI/cs cc: Patricia Finnegan, Esq. - by fax (765-6639) WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON - MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY '-, P~ING BOARD MEMBE. JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator DEe 2 0 2005 Date: December 20, 2005 Re: Amendment to Permit #5901 W. Bruce Bollman SCTM# I 000- 31-13-4 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq.ft. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#31-13-4 The structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed, The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top ofbluffline demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policv Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 'j -. ,. '.. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. I. A void development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards bv sitine: structures to maximize the distance from Coastal Erosion Hazard Areas. Policv Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southo/d's coastal waters and manage or avoid land and water uses that would: I. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. To further the intent of Policy 5.1 and 6.3 A which states; . .. -- A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter ~ 97-12. Findings; purpose; jurisdiction; setbacks, unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdictiou. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. .~ . " -( '-/ ~.'L )iL.<-L)C ~~.~Z:_~ 1/16/07 Re: Bollman Site conditions. . , Ji.A...,1.. ;: tj"/07 1/1-(. Z-t3/j tif'-4' For your update and L WRP consideration, please find attached copy of the latest survey of record, which shows the house was demolished. E '" <..I \ '(.I) . 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. 31709 Z Date JANUARY 6, 2006 Permission is hereby granted to: W BRUCE BOLLMAN GRANGE ROAD SOUTHOLD,NY 11971 for : CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA 10/28/05 DEC. #5680 WITH CONDITIONS & TRUSTEES PERMIT AS APPLIED FOR (THIS REPLACES 31232Z) 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 JANUARY 6, 2006 and approved by the Building Inspector to expire on JULY 6, 2007. Fee $ 946.10 Alu&-c.. 0,; ~ ~ J #J~ -- ----[1-- - --~-- .1.'0).,...,.. . , .! W ~. J^4 ft ~~ , R#'s~~I1~ ~ ;J~, ~ d~ (:~L~ Authorized Signature ORIGINAL J04 :"' .. ~'2. ,.--0" -r- ';L '.4~~ '<1> ';P> . ~o ~z~ '" '';Q~ ,..,o~ U' ';P> ~~ c./D~ \ " j\ '" ~oo t ~ \) AI (-' \J~ Y <1:-0 {-' t; . if; ~0","~ <V..,V ",,<I:- ~" (j': /. ~ ","" l\J" '- ~V0G 'I <S'."o ~o0Qj ,,~'" /. -() 13 ~-S I /. ~~ 4, j , U' ~, ~ x 0., ~ . <" {; ~~ 0::" ",4' / 1 l' ~-1' rf} o "v" " '.!(. "vJ " ,<' " " TEST H.O_l~ A '.LtY IC'",' " " I !"7 ,}'Z~ .~ ~ 7.- ~ ~--------. '~~~ 00.-<) .,...~ ~~ -;".t.~ 00 " " ~c'i- '" ~\,?-\' ~"''''"' '% ~".'S <j} ~ ~ ~ .,:. ~ < ';>,7.- "'",,- __0 ~--;;;, o ~ "" '?O "" o '"fl OO,G0 tjJ. '\ 0' ~ o " '" "" [: 'C? ,1 ,- ~\'}~~ G~'']; ~-\<f ~'\).;.<.Q ~~o~ Q<(.:~~ "",,0 [l'v\'}\..~ c:.\..o~":i , cO 00 "o'? ~~ 0< ~ 6' '0 :..;, < ~ x--<:) r-~ JANUARY SURVEY OF PROPERTY SITUATED AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s.c. TAX No. 1000-31 -13-04 SCALE 1 "=20' APRIL 3, 2002 DECEMBER 5. 2003 ADDED TOPOGRAPHICAL SURVEY JANUARY 28. 2004 ADDED WATER LINE. CESSPOOLS '" PROP. ADD. MARCH 23. 2004 ADDED COASTAL EROSION HAZARD AREA LINE MAY 6. 2004 ADOED PROPOSED DRYWELLS DECEMBER 28. 2004 ADDED PROPOSED SEPTIC SYSTEM FEBRUARY 4. 2005 ADDED LOT COVERAGE CALCULATION AND ADDITIONAL OFFSETS FEBRUARY 14. 2005 ADDED BUllIDlNG AREAS WITHIN SETBACKS MARCH 7. 2005 ADDED LOT COVERAGE DATA AUGUST 29. 2005 LOCATED FOUNDATION NAILS NOVEMBER 9. 2005 REVISED AS PER ZONING BOARD OF APPEALS NOVEMBER 21. 2005 LOCATED TOP OF SLOPE'" EXCAVATED HOLE NOVEMBER 29 2005 LOCATED TOP OF SLOPE AS FLAGGED DECEMBER 22. 2005 ADDED 100' SETBACK FROM H.W.M. & REV. SANITARY SYSTEM 24. 2006 REV. SANITARY SYSTEM TO SHOW 10' FROM WATER LINE ALONG WEST PROPERTY FEBRUARY 1. 2006 FOUNDATION LOCATION LINE AREA = 9,878.29 sq. ft. (TO TIE LINE) 0.228 ac. CERTIFIED TO: W. BRUCE BOLLMAN NOTES. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING GRADES'" CONTOUR LINES ARE AS PRIOR TO START OF CONSTRUCTION. EXISTING ELEVATIONS ARE SHOWN THUS: 5.Q EXISTING CONTOUR LINES ARE SHOWN THUS: -- - 5 r Fl - FIRST FLOOR i; f L - GARAGE FLOOR :- t:3 - TOP OF BULKHEAD 1-<' e - BOTIOM OF BULKHEAD ~ ',,"' - TOP OF WAll 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0064 G ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE 50D-YEAR FLOODPLAIN " Ol'l S 5\'\0'11" ~ B Of 49 TEST HOLE DATA (TEST HOLE OUG BY McDONALD GEOSCIENCE ON DECEMBER 15. 2004) 0' BROWN SILlY S.6J.lD 2.5' ~ . PAlE BROWN FlNE TO t.4EDIUM SAND . . .. . 17' UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CERTlFlCAT10NS INDICATED HEREON SHAll.. RUN ONLY TO THE PERSON FOR WHOM THE SURVEY 1$ PREPARED, AND ON HIS BEHAlF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INsnTVTlON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 51701 C::B \ 1 ',---~-- -'--- " " 'T I-',-',)L.R-- ,~- . . . . PREPARED. .'N. ~c. CORDANCE WITH THE MINIMUM STANDARDS F R TITLE SURVEYS AS ESTABUSHED BY THE II A L S AND APPROVED AND ADOPTED FOR SUCH US BY THE NEW YORK STATE LAND TITLE ASSOCIA I . N.Y.S. Lie. Nc Ingegl Surveyol I Title Surveys SUbdivitions- I PHONE (631)727-2090 i I ~--,,,,-~ . -~.--- .- Site Plans - Constructi Fox (631)727- . ZONING BOARD OF APPEAl_ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: httv://sollthtowll.northforknet January 2, 2007 Re: Town Code Chapter 58 - Public Notices for Thursday, January 25, 2007 hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. ( 1) Before January 10th: Please send the enclosed legal Notice, with both a Cover letter including your telephone number and a copy of your Surveyor Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAil, RETURN RECEIPT REQUESTED, to .<ill owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, vou are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearinq, providinq the returned letter to us: AND not later than Januarv 1ih: please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not later January 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postinq dur!ng the meeting.__ _____ If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. . . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK --------------------------------------------------------------------------------------)( IN THE MATTER OF THE APPLICATION OF AFFIDAVIT OF POSTING W. BRUCE BOLLMAN, AMENDMENT TO PERMIT #5901 SCTM #1000-31-13-4 ---------------------------------------------------------------------------------------)( COUNTY OF SUFFOLK ) ) SS.: STATE OF NEW YORK ) BRUCE W. BOLLMAN, residing at 240 Grange Road, Southold, New York, being duly sworn, deposes and says: I do hereby certify that an official notice of the Board of Appeals of the Town of Southold was posted on premises located at 1755 Truman's Path, East Marion, New York on January? ' 2007 and that it has been in place for at least seven (7) days immediately preceding and including the date of the Public Hearing on the Setbacks and Lot Coverage. I further certify that I am one of the owners of the bject premises. ~ BRU n to before me this day of January, Notary Public Veronica F. Cidone Notary Public. State of New York No: 52-4661406 Qualified in Suffolk County Commission Expires Dec.31,flf!tt- . . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK --------------------------------------------------------------------------------------}{ IN THE MATTER OF THE APPLICATION OF {je. '/~(/o"7 /0' ro{)yv'\. AFFIDAVIT OF MAILING W. BRUCE BOLLMAN, AMENDMENT TO PERMIT #5901 SCTM #1000-31-13-4 ---------------------------------------------------------------------------------------}{ COUNTY OF SUFFOLK ) ) SS.: STATE OF NEW YORK ) I, Deborah A Barr, residing at 20 James Street, Shoreham, New York, being duly sworn deposes and says that: On the 5th day of January, 2007, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office in the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. As of today's date, I have not received the return receipt or the envelope marked returned from the United States Post Office addressed to: The Clark Estate Inc., Jesse Peretz, 1 Rockfeller Plaza, Floor 31, New York, New York 10020-2003, but the same has not been returned as undeliverable. "\ (I / ,;./ &jf)(," (I J!:MMJ DEBORAH A BARR Sworn to before me this 24th day of January, 2007 ) 0,(~. ~A('/ Notary Public I DIANE REILLV York Notary Public. Sta,te, ofeoN, r No.O'RE4 Qualified in S)JffolJk cro~f' ......0/ b Commission Ellpl<es u Y . C7 . . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------.------------------------------------------------------------)( IN THE MATTER OF THE APPLICATION OF AFFIDAVIT OF MAILING W. BRUCE BOLLMAN, AMENDMENT TO PERMIT #5901 SCTM #1000-31-13-4 ---------------------------------------------------------------------------------------)( COUNTY OF SUFFOLK ) ) SS.: STATE OF NEW YORK ) I, Deborah A. Barr, residing at 20 James Street, Shoreham, New York, being duly sworn deposes and says that: On the 5th day of January, 2007, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAil, RETURN RECEIPT REQUESTED, a true copy of the attached legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office in the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. lkn4- {2 yQ;/N DEBORAH A. BARR Sworn to before me this 5.~OfJao"'~2 N(w~~ ~.; Notary Public Y DIANE REILLY Notary Public. State of New Yorlt No.01RE4718016 Qualified in Suffolk '>:,unty CommlSSlol b:plres July 31, :;::J:::1J () . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 25, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JANUARY 25. 2007: 11:05 A.M. W. BRUCE and MARY ANN BOLLMAN #5680. Hearing reopened for purposes of receiving documentation and testimony relative to LWRP Code Chapter 268 (Local Waterfront Revitalization Law). This is an application concerning a request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (1) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: January 3, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 r I I LIST OF ABUTTING PROPERTY OWNERS The Clark Estate Inc. SCTM #1000-031.00-13.00-005.000 Owner-Jesse Peretz 1 Rockefeller Plaza Floor 31 NY, NY 10020-2003 John J. Gorga, Sr. SCTM #1000-31.00-12.00-015.000 310 Woodland Avenue Manorville, NY 11949 Jennifer Gould SCTM #1000-031.00-13.00-003.000 1825 Trumans Path P.O. Box 32 East Marion, NY 11939-0032 <r :r ..ll rn rn :r ..ll .-'l Certified Fee ru D D D , ReturnReceiptFee (Endorsement Required) CJ Restricted Delivery Fee ~ (~ndorsement Required) D Total Postage & Fees $ ~ail 0 Express Mail d ~ Return Receipt for Merchandise lail 0 C.O.D. elivery? (Extra Fee) 0 Yes ..ll c::J SentTo ~ Sfre-ef,APIN~~-~::_..~.:.---~_<?:':.~.~-~---_~!.~.mnmum---uu....h o,POBoxNo. 310 Woodland Avenue citj,:-State:zip+4---um...muuu..--------------nmumuuhu----nmmnu Manorville, NY 11949 643 3649 PS Form 3800, June 2002 See Reverse for Instructions 10259S-Q2-M-1540 ...l.~.". _. . . HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Michael P. Sendlenski Paraleltal Colleen Gtattan-Arnoff. R.N. January 5, 2007 Fax No.: (631) 727-3940' 'Nor for service of legal papers Of Counsel George F. Biondo John A. Maclachlan The Clark Estate, Inc. Owner-Jesse Peretz 1 Rockefeller Plaza Floor 31 NY, NY 10020-2003 Re: In the Matter of the Application of W. Bruce Bollman Amendment to Permit #5901 SCTM #1000-31-13-4 Dear Sir/Madam: This matter has been set for for a hearing on Thursday, January 25, 2007 at 11:05 a.m. A copy of the application is available at the Southold Town Zoning Board of Appeals' office located in the Town Hall Annex, at the North Fork Bank Building, 1st Floor. 54375 Main Road, in Young's Avenue, Southold, New York. Please be advised that the undersigned represents W Bruce Bollman in regards to an amendment to permit number 5901 regarding Suffolk County Tax Map Number District 1000, Section 31.00, Block 013.00, Lot 004.000 in an application before the Zoning Board of Appeals of the Town of Southold, County of Suffolk, State of New York. This properly is commonly known as 1755 Truman's Path, East Marion, New York. Enclosed, please find a copy of the survey that has been filed with this application together with a copy of the Legal Notice. If you should have any questions in this matter, please be advised that the undersigned's telephone number (631) 727-3904. MPS/db Enclosures Very truly yours, A~~- MICHAEL P. SENDLENSKI . . HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Michael P. Sendlenski Paraleltal Colleen Grattan-Arnoff, R.N. January 5, 2007 Fax No.: (631) 727-3940" "Not for service of legal papers Of Counsel George F. Biondo John A. MacLachlan Jennifer Gould, 1825 Truman's Path P.O. Box 32 East Marion, NY 11939-0032 Re: In the Matter of the Application of W. Bruce Bollman Amendment to Permit #5901 SCTM #1000-31-13-4 Dear Sir/Madam: This matter has been set for for a hearing on Thursday, January 25, 2007 at 11:05 a.m. A copy of the application is available at the Southold Town Zoning Board of Appeals' office located in the Town Hall Annex, at the North Fork Bank Building, 1st Floor, 54375 Main Road, in Young's Avenue, Southold, New York. Please be advised that the undersigned represents W. Bruce Bollman in regards to an amendment to permit number 5901 regarding Suffolk County Tax Map Number District 1000, Section 31.00, Block 013.00, Lot 004.000 in an application before the Zoning Board of Appeals of the Town of Southold, County of Suffolk, State of New York. This property is commonly known as 1755 Truman's Path, East Marion, New York. Enclosed, please find a copy of the survey that has been filed with this application . together with a copy of the Legal Notice. If you should have any questions in this matter, please be advised that the undersigned's telephone number (631) 727-3904. MPS/db Enclosures Very truly yours, /1;;~~ 4;~AEL P. SENDLENSKI . . HARVEY A. ARNOFF Attorney At law 206 Roanoke Avenue, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Michael P. Sendlenski Parale2al Colleen Grattan-Arnoff, R.N. January 5, 2007 Fax No.: (631) 727-3940" "Not for service of legal papers Of Counsel George F. Biondo John A. Maclachlan John J. Gorga, Sr. 310 Woodland Avenue Manorville, NY 11949 Re: In the Matter of the Application of W. Bruce Bollman Amendment to Permit #5901 SCTM #1000-31-13-4 Dear Sir/Madam: This matter has been set for a hearing on Thursday, January 25, 2007 at 11:05 a.m. A copy of the application is available at the Southold Town Zoning Board of Appeals' office located in the Town Hall Annex, at the North Fork Bank Building, 1st Floor, 54375 Main Road, in Young's Avenue, Southold, New York. Please be advised that the undersigned represents W. Bruce Bollman in regards to an amendment to permit number 5901 regarding Suffolk County Tax Map Number District 1000, Section 31.00, Block 013.00, Lot 004.000 in an application before the Zoning Board of Appeals of the Town of Southold, County of Suffolk, State of New York. This property is commonly known as 1755 Truman's Path, East Marion, New York. Enclosed, please find a copy of the survey that has been filed with this application together with a copy of the Legal Notice. If you should have any questions in this matter, please be advised that the undersigned's telephone number (631) 727-3904. Very truly yours, MPS/db Enclosures /~~- MICHAEL P. SENDLENSKI :-'::I~111::l:_".JIFjI~.=-'_.:II.......,::rMmJll . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to; The Clark Estate Inc. Owner-Jesse Peretz 1 Rockefeller Plaza Floor 31 NY, NY 10020-2003 2. Article Number (Transfer from service label) l'JI:J..'_';I"'~"1I11{"'1"14.1l'.'l::J.j~::J:r B ~ived by (Pfnted Name) J e:.;. 1/11 O/) e..- D. Is delivery address different from Item 1? If YES, enter delivery address below: 3. Service Type ~rtlfled Mail o Registered o Insured Mail o Express Mail .fu Return Receipt for Merchandise o C.O.D. ............ ~. 7006 0810 0002 1643 3625 4. Restricted Delivery? (Extra Fee) Dyes UNITED STATES POSTAL SERVICE ellll First-Class Mail Postsge & Fee;> Paid USPS Permit No. G-10 . Sender: Please print your name, address, and ZIP+4 in this box. m iiSGi2"?GSOi /."'1...11I.1.."......11..1.",,.'"..,,".."....11..1..." il ~. LAW OFFICES . L. . HARVEY AR FF 206 ROANO -"'__ RMRHEAD. NY 11901-2706 - "- t. , . . HARVEY A. ARNOFF JAN ~ ~ 2u~J7 Attorney At law 206 Roanoke Avenue, Riverhead. NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Michael P. Sendlenski Parale2al Colleen Grattan-ArnofE, R.N. November 21,2005 Fax No.: (631) 727-3940" "Nor for service oflega! papers Of Counsel George F. Biondo John A. Maclachlan Town of Southold, Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Joanne Re: W. Bruce Bollman, Applicant Hearing Held on January 25, 2007 SCTM #31-13-4; ZBA File No. 5907 Gentlemen: Enclosed please find the remaining certified mail return receipt received after the hearing held on January 25, 2007 in connection with the above application. Would you kindly make same a part of our Affidavit of Mailing hand delivered at the time of the hearing. Thank you for your courtesies extended in this regard. HAAldb Enclosure Very tru~I~~~urs, /:::/~. r~./ ' .' " .Ai;':RVEY A. R . . F . . , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK --------------------------------------------------------------------------------------)( IN THE MATTER OF THE APPLICATION OF ~( . \ \d.~ 07 f'r"^ o".~ I AFFIDAVIT OF POSTING W. BRUCE BOLLMAN, AMENDMENT TO PERMIT #5901 SCTM #1000-31-13-4 ---------------------------------------------------------------------------------------)( COUNTY OF SUFFOLK ) ) SS.: STATE OF NEW YORK ) JOHN A. BERTANI, being duly sworn, deposes and says: 1. That I am the President of John Bertani Builders Inc. having its principal place of business at 1380 Oakwood Drive, Southold, New York and builder for the above named applicant, and as such am fully familiar with all of the proceedings heretofore had herein. 2. I do hereby certify that an official notice of the Board of Appeals of the Town of South old was posted on the premises located at 1755 Truman's Path, East Marion, New York on January 8, 2007 and that it has been in place for at least seven (7) days immediately preceding and including the date of the Public Hearing on the Setbacks and Lot Coverage. ~ a &~{) J N A. BERTANI Sworn to before 25th day of HAf'(VFY A ,4R~!orF NOTARY rUBL:C SLcts of Ne'N York 02~,RC,J'):_:5t_:5 - ~,,;: '!'. [.Junjy Commissioll L.A)J!reS lid. 31, ~ 01/22/2007 15:25 631l1i'064 ZBA . PAGE 02 ,,: , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------- ."-"-"-...-..--x IN THE MATTER OF THE APPLICATION OF w. BRUCE BOLLMAN, AMENDMENT TO PERMIT #5901 SCTM #1000-31-13-4 AFFIDAVIT OF POSTING . :/:.. "-" ---..----...------------x COUNTY OF SUFFOLK ) ) SS.: STATE OF NEW YORK ) #. ~' . 7;;' BRUCE W. BOLLMAN, residing at 240 Grange Road, Southold, New York, being duly swom, deposes and says: J do hereby certify that an official notice of the Board of Appeals of the Town of South old was postl:!d on premises located at 1755 Truman's Path, East Marion, New York on January 7 , 2007 and that it has been in place for at feast seven (7) days immediately preceding and including the date of the Public Hearing on the Setbacks and Lot Coverage. . "\,", r ,- llurth" "''''Y'''' I 'm on. of 'he ~bjoct p<om.... BRU . BOLLMAN n to before me this day of January, eronica F. Cidone Notary Public. State of New York No: 524661406 Qualified in Suffolk Cou"AY-.n Commission Expires Deo.31,~ Office Location: . ~ Mailing Address: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://sontholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 4,2007 Bv Ref!Ular Mail and Fax Transmission Eric J. Bressler, Esq. Wickham Wickham Bressler & Geasa Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Application ofW. Bruce and Mary Ann Bollman ZBA #5680 Dear Mr. Bressler: Please be advised that the Zoning Board of Appeals will reconvene the above matter at a public hearing calendared for II :05 A.M. on Thursday, January 25, 2007 at the Southold Town Hall, Court/Meeting Room, for the purposes of considering the enclosed L WRP determination. If you have any questions, please feel free to call. Thank you. Sincerely yours, Linda Kowalski Encls.: 2 ~ r^ . OFFICE OF . \ ,J ZONING BOARD OF APPEALS . 1 ~J ~. Office Location: Norlh Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue ~\1~ \ Mailing Address: 53095 Main Road, P.O. Box 1179 Jt Southold, NY 11971-0959 . htlp;//southoldtown.northfork.net Email: Linda.Kowalski@.Town.Southold.nv.us J avne. Martin@. Town .Southold. nv .us (631) 765-1809 (ex!. 5012 or 5011 during recording) VIA FAX MEMO TO: DATE: RE: office fax (631) 765-9064 7;)..7-39~O ~~~/~' f a..n \.oL ~ .:i; d- tJ 07 j<>sjC7 (?~~ ,.,l~r ~ I ~ Ld dPaZhc/ ~ 1~? dWw<~ ~ f-~ ~ ~d<€A olE; _J //7, _: /~ d..o oL 0 0 if; ':>LuDCf' (tAU-~' / ) p~ ~v 'Cte-'i~ _ .J~...~r'........ 'r- .. ~!::o~ ~t . / J- cd~ (/11/, I~ ~/~~. Z7tds - ?g='/l.f"o.-.h 1!q0 - . .. '. Martin, Jayne From: Sent: To: Martin, Jayne Wednesday, December 27, 2006 10:25 AM Terry, Mark Dear Mark: Just to follow up on Bollman (sent to you 11/16) We would like to have your reply by 1/6 in order to comply with the Judge's decision. Thanks, Jayne 1 Office Location: . -. Mailing Address: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 16, 2006 Mark Terry, Senior Environmental Planner L WRP Coordinator Planning Board Office Town of South old Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 5680 (Bollman) Dear Mark: The above application has recently been remanded back to the ZBA by the Supreme Court for a written L WRP determination. The applicant requested and received a variance for a new foundation centering the footprint as shown on the enclosed copies and described in the attached Board decision. May we ask for your assistance in an evaluation and recommendations for this application. Thank you for your assistance. Very truly yours, RUTH D. OLlV A By: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . 1/25/2007 ZBA HEARING BRUCE AND MARY ANN BOLLMAN CHAIRMAN DINIZIO: This is an application for W. Bruce and Mary Ann Bollman. Hearing reopened for the purposes of receiving documentation and testimony relative to LWRP code Chapter 268 Local Waterfront Revitalization law. This is an application concerning a request for a variance under Section 100-244 based on the Building Department's February 31 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling (1) at less than 10 feet on a single side; (2) at less than 25 feet combined side yards; (3) with lot coverage exceeding the code limitation of 20 percent; and (4) at less than 75 feet from the bulkhead. Location of property: 1755 Trumans Path, East Marion. My understanding is that the Court had ordered us to reopen the hearing based on the fact that the LWRP was not made part of that record; is that clear, that is all we're here for today? ASST. TOWN ATTY. CORCORAN: Essentially, the court remanded it and directed this Board to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . comply with the LWRP, which is Chapter 268 of the Town Code. CHAIRMAN DINIZIO: Right. So we all received that and that is now currently part of the record. ASST. TOWN ATTY. CORCORAN: That's what we're here for. CHAIRMAN DINIZIO: Okay, is there anyone here that wishes to speak on this? MR. ARNOFF: Harvey Arnoff, Roanoke Avenue, Riverhead, New York, good afternoon, I think Mr. Chairman, and Members of the Board. I'm going to be brief, which is unusual. I believe the Board's correct, if the ruling is dealt with it's the chicken and the egg type thing, in other words, the argument was made that the Board did have the LWRP after the decision and that the LWRP did not have any impact on what this Board had done. And the Court said, notwithstanding that fact, procedurally it had to come back here because the LWRP had to be considered. Now, the LWRP that was issued was the same one that was issued back in or reissued in '06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . saying that it was issued '05 and it was considered by the Trustees. Now, we have and I believe Mr. Bertani any is here with the builders in case the Board has any questions of him, we have to the extent possible complied with the LWRP recommendations. In fact, it is my understanding there were some recommendations in regard, to -- one of the main recommendations was in positioning of the septic system. But if you look at the survey, you will see that there is a well within a certain radius of the 100 feet. So we could not reach the 100 feet without having to deal with the drop. Similarly, Miss Gould has placed her water pipes along the property line. So, if we further move our septic system back along the side of the existing building that is still there, we will be within 10 feet of her water lines, which then also has the Health Department issue as well. Be that as it may, this was a Trustee issue. In fact, the recommendations in the LWRP say specifically as recommended, the Trustees require that the septic system be relocated a certain distance and their discretion -- and then apply their discretion. The Trustees did that. The Trustees had this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . document in their position and they made certain recommendations that we complied with, which meant moving some pools back further is and relocating lhe pools, which we have done. CHAIRMAN DINIZIO: Can I interrupt for a minute because it's my understanding that the LWRP says that your application is consistent with the Town Code. So ASST. TOWN ATTY. CORCORAN: Let me clarify The LWRP coordinator has recommended that that. you find it consistent. This Board must make a determination of whether it's consistent. But that's a recommendation of the staff member. CHAIRMAN DINIZIO: Okay. This is new to us. So basically your explanation now of this septic system is based on what he's saying about minimums. MR. ARNOFF: That's correct. And the Trustees, in fact, dealt with that issue. So what I think is important is when what you said, Mr. Dinizio, when you opened this. Is that we're not revisiting this application. I mean, I could do that this afternoon, but you've heard a lot of testimony in regard to this, and the question is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . does the LWRP impact or change what the Board's prior determination is. In other words, if they revisit all the facts that they had before and applied the LWRP to it, is there going to be any significant change. It's the position of the applicant, there is no change, and that this does in no way affect what the Board's determination was. I will leave it up to Mr. Bressler I think at this point to make all the comments he chooses to make, and then perhaps, I may ask for leave to address you again. CHAIRMAN DINIZIO: May I just ask, may I just clarify one more thing with you? Because we had a hearing; we made a decision and we granted alternate relief, and my assumption is that the applicant has complied with that alternative relief. MR. ARNOFF: There was a stay issue, there was an Article 78, there was a stay. We could not comply. We are willing -- the answer is we are willing to comply with this Board's determination. CHAIRMAN DINIZIO: Because this is what I want to ask, the foundation that I see there now, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . that's the same foundation that was there before we made the decision? BOARD MEMBER OLIVA: No, it's been moved. CHAIRMAN DINIZIO: It's the one that complies to our standards? BOARD MEMBER OLIVA: It complies to ours. MR. ARNOFF: We got permission if you recall to put the interim stop-gap in to stop erosion. CHAIRMAN DINIZIO: That I understand. MR. BERTANI: That's the one you asked us to put in. CHAIRMAN DINIZIO: That's the footage we as ked. MR. BERTANI: That you specified, that's what's there. The only reason we're here is because I believe the decision was made before the other decision was made. Right. We didn't have CHAIRMAN DINIZIO: all the information. MR. BERTANI: And the Trustees did already comply, or made us go with the maximum we could get. . . 1 2 CHAIRMAN DINIZIO: Right. 3 MR. BERTANI: Can with the septic system, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which we did do and they granted us the permit based on that. CHAIRMAN DINIZIO: Okay, thank you. Mr. Bressler? MR. BRESSLER: Good afternoon, Mr. Chairman and Members of the Board. If the matter before the Board was only so simple as put by Mr. Arnoff. Although I do appreciate the brevity in his remarks. It's not quite as simple as it appears. Let me address what the issues are. The gravamen of the reversal of the Supreme Court, which did not address, by the way, the merits, the gravamen of the reversal was that the LWRP was not done and it had to be done, and it had to be considered by this Board before action could be taken. That much is clear. However, to extrapolate from that and say well, now we've done the LWRP and we've already had a hearing, and by the way, the Trustees have acted, is not the answer to that question. The thing that bothered the Court and the thing that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . shored the basis for our argument was without the LWRP in front of this Board, it could not and in fact did not consider the recommendations that were contained in that document, which this Board was required to do. And whatever the Trustees in their wisdom or otherwise decided to do, has nothing to do with this Board. This Board has the discretion within the legal limits to act, and it was required to consider what was in the LWRP and So that this act. That's why we're back here. Board can do that. Now, assuming that the Board is willing to do that, we then turn to the LWRP and ask, what's in it. What should we consider on this application that we didn't consider the last time around? And that brings us to the LWRP itself. An interesting little document in that it's dated December 20th. It's somewhat similar to what was sent to the Trustees, and there is a notation "resubmitted January 19, 2007." It isn't exactly the same, in fact it's different in several telling aspects. When we first turn to the introductory paragraph where there is a description of what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . this is. And unfortunately, that's just not right. The applicant requests an amendment to move the footprint of the dwelling 2.6 feet east. Well, that's not what the application was, that's what this Board granted. Well, why is that important? It's important because when you read it, apparently the LWRP coordinator was under the impression that this was a simple movement of a footprint 2.6 one direction or another and that's not what's before the Board. What's before the Board is the fact that the thing was torn down completely, the foundation removed, and an application made to rebuild in a nonconforming location. That's what's before the Board. So the coordinator got that wrong. Now we turn to the second paragraph. The Town of Southold Board of Trustees issued a permit for the action on April 21, 2004. Well, that's plainly wrong. How could that be possible? The action was only made by the Zoning Board of Appeals last year. The Trustees did not issue a permit for moving this thing 2.6 feet. So there's another fundamental misunderstanding on the part of LWRP coordinator. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . The foundation of the proposed structure currently exists. Well, at the time in January 19, 2007 that's true because Mr. Arnoff pointed out that was done at their peril pursuant to the order of Justice Costello. The order said go ahead, but you're not going to gain any vested rights, you're not going to gain any advantage by doing that. So whatever I decide or whatever the Board decides, you can't use that and raise a hardship argument. We turn now to the next paragraph, there's a reference to a 6.3 wood wall, we won't see that on the survey anywhere, presumably they're referring to some other wooden wall, I'm not sure. And now we can come to the most interesting part of the LWRP assuming that the coordinator actually understood what it was that was before him. He says it's generally consistent provided -- and I'll call that an if -~ it's generally consistent if the applicant if the applicant demonstrates that the policies are applied to the greatest possible. Notice that now that's a little bit different than some of the other consistency reviews that the LWRP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . coordinator has done. In similar circumstances where you're too close to a wall or bulkhead or other areas of water, the LWRP coordinator says it's inconsistent because it's too close. Here he says, well, it's consistent but only if you move it back as far as you can. So then the question becomes, well, is it moved back as far as it can be to avoid hazards; in 4.1 AI, AB, avoid hazard by citing structures that maximize the distance from coastal erosion hazard areas; is that what happened here? It wasn't before the Board the last time around. And then you go to the last page, and that's rather peculiar since this memo is addressed to you, it made the recommendation that was addressed to the Trustees. And I don't know what that's all about, maybe it's the word processing, but it seems apparent that there wasn't a lot of thought put into this and it doesn't really address what's before you. But that having been said, let me just get over to the prior LWRP, December 20, 2005, the first paragraph suffers from the same defects that I mentioned before. Then you go to the second paragraph, the structure currently exists. On December, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . that structure didn't exist. It had been removed completely. So seems to me again there's a pretty grievous misunderstanding as to what this is about. So now, have we maximized the distance; have we done that; is that the least amount of variance as possible? We don't think so. We don't think so. We don't think what the Trustees think really matters. So is it the least? No, it's not the least. If you look at the survey, the hundred foot requirement that Mr. Arnoff referred to, and if you look at the septic system that is along the side, if you look at the survey Mr. Arnoff's comments about 10 feet from the water line, the proposed plan already has installations 10 feet from this water line. No reason you can't move them back parallel. There's no reason why this structure can't be moved further back. Indeed, if you look at the little addition to the footprint, r'm sure the Board remembers what the reason for that was, that's for a furnace that couldn't be down in the basement. Well, guess what, now you don't need that. You can move the thing back. You can do it. And that will then be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . consistent with the recommendation of the LWRP. Now as Mr. Corcoran's correctly points out, that is a recommendation and it's this Board's duty to look at the recommendation and determine what they want to do about it. But it seems self evident that under these circumstances to require a movement as far away as possible from the water, particularly because you're in violation of the 75 foot setback is sensible. And we've heard nothing that leads to believe that there cannot be some accommodation in that regard. For the Board to the prior LWRP determination Number 5893/ where I believe you had a setback from the bluff and there the LWRP said it's inconsistent, you got to move it further back, you got to move it as far as you possibly can. So which is it going to be? I think it really doesn't matter one way or another, I just wish he would be a little consistent in his consistency reviews and tell you which way it's going to be. But the long and the short of it is it's got to be moved back as far as possible, and I think we have that evidence on the record that can allow you to do that with no violence to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . project. The foundation went in at the applicant's own risk, so there's no hardship here. And I think if the Board were to take this recommendation into account and revisit it with that in mind, which is what the Supreme Court had in mind, it's no skin off their nose, and then it becomes much more consistent with the policy and it epitomizes the variances to the extent that -- the last thing that I want to say is that to the extent that this Board determines it's going to grant a variance that does fly in the face of a policy of the code, which is to eliminate over time nonconforming uses, but if it's going to grant a variance, clearly it should be as small as possible. And I think is that also militates in favor of some movement. CHAIRMAN DINIZIO: Can I just ask you, I want to give you the opportunity to convince me that our first decision, which was not this and not that foundation as it currently exists, but we actually granted a house in that location that it is right now. MR. BRESSLER: 2.6 feet over. CHAIRMAN DINIZIO: Right, we granted on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . the original foundation a house. And we considered all that -- I'm just giving you an opportunity to try and convince me, second bite of the apple so to speak -- that making that decision based on the information that we had and now based on the new information that we have, which basically says the same thing that we considered. The LWRP is saying that it is consistent, certainly we don't have to rely on that solely, but certainly can agree or disagree with its findings. How do we then overturn our existing variance that we already granted based on this new information that we have, which is the LWRP? MR. BRESSLER: I think that the LWRP is flawed as evident as may be, nonetheless, gives the ability to do that. It says it's consistent provided it is sited as far back as possible. Now, that requires this Board to do two things, number one -- three things, but number one is easy. Obviously, you need to have it in front of you at the time. Number two, we're going to consider that LWRP, and we are going to adopt in substance the recommendation of the LWRP, which is that in these situations structures should be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . sited as far as possible back. And that wasn't before us at the time. It's before us now. CHAIRMAN DINIZIO: Can I just say something? I mean, I think in our decision, we did say basically that we thought that this structure where we were granting it, that's when they had the old foundation, was consistent with the laws of the Town and what the hardship that they presented. But you did not have before MR. BRESSLER: you the LWRP. CHAIRMAN DINIZIO: Right. But I'm looking for something in here that says that now we kind of -- we should base our decision on the LWRP, when it doesn't say anything about -- say anything more than we already considered. MR. BRESSLER: It says that it should be as far as possible. Now, I don't believe that on the record that you adopted that piece. What you adopted, or what it appears from the decision, it looked like you went through the balancing test. But you did not look at it through the lens of the LWRP which says you don't simply balance. The LWRP says that you push it back as far as you can. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . And in reading your decision, I don't think that this Board had in mind that standard, or if it did, it didn't enunciate that standard and say we're going to filter those four tests through the standard of it has to be as far back as possible. That's how I believe it's now different from the legal point of view. ASST. TOWN ATTY. CORCORAN: If I may, I think you're both right. I think we're talking we're also talking about two different things. When you talk about move it back as far as possible, there's two ways to consider that. There's one under the variance criteria you're supposed to grant the minimal variance necessary, and I think the Board did consider that in granting its variance, what I think Eric is seizing upon is the LWRP language that says you should maximize the distance from the coastal erosion line. Now, this project is outside the coastal erosion hazard area, but I think Mr. Bressler's point is that there's room further back on the property to make it further away from that area. So I think this Board mayor may not have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . considered erosion and flooding issues in making its first determination. Either way/ in making this determination, it should. MR. BRESSLER: It should. And to the extent the Board considered it wasn't reflected. ASST. TOWN ATTY. CORCORAN: It wasn't enunciated, as you said. MR. BRESSLER: So in my effort to try to persuade you, I would say that that was a factor which was not addressed by the Board in its prior decision, and yes, in terms of the balancing test but no in terms of maximizing distance it may not be in the zone, but you still have to maximize that distance, and I think that's a factor that the Board on the record did not take into account, and I think that if the Board adopts this, then I -- BOARD MEMBER SIMON: I would like to ask a question, slightly different, but are you something that wasn't mentioned but I think is quite relevant is that one of the major factors, as we know, in the original granting of the variance had to do with the hardship, right, the hardship with regard to having to move a then 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . thought to be acceptable foundation and when that turned out to be wrong, then the whole thing opened up. The whole thing opened up, we had a rehearing, and the decision was made that since there was going to be a new foundation anyway to move it 2.6 feet to the east. What you may be arguing is -- are you, that the Board could at the same time be have considered that since there was going to be a new foundation anyway, the hardship condition which prevented us from considering moving it further back as well as to the east was not considered by the Board at that time. And what your argument is, am I right, in the light of the LWRP consideration is that reminds us that that's something we could have and should have done; is that your argument? MR. BRESSLER: That is another way to come at it because you're right, you didn't have the LWRP in front of you which made that recommendation, and I dare say that because the foundation is put in was without prejudice, you are free to consider the argument that you just enunciated freshly in light of the LWRP. So the answer to your question is, yes, you should have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . considered it in light of the LWRP, but you didn't have the LWRP in front of you, but now that you do you can consider that argument afresh in light of the so-called consistency. BOARD MEMBER SIMON: Would you say that we could have considered moving it further back even without the LWRP at the last hearing because of the '75 foot rule? But then I take it your argument is that the LWRP gives it additional force behind that argument which might have been taken more seriously had we had that LWRP report. MR. BRESSLER: That is exactly why the Court remanded it, and it said at one point the Board didn't have before it the LWRP, and I'm not going to second guess what the Board mayor may not have done had it had that LWRP, whatever it may say and now we see what it says, whatever it may say, the Board did not have the benefit of that before it. So they could not possibly have considered that at least on that basis. Now the Board has the ability and the obligation in the first instance to decide what it will do, and if it decides to adopt it then it has to decide which to apply to this particular property. There's no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . argument that document, and you can look at the survey as we did, that the 100 foot doesn't apply, the 10 feet doesn't apply, things have changed and that's my argument in response to the Chairman's invitation to persuade him that something has changed. Something has changed and the very reason is the LWRP is important is so the Court can consider it. He said it's not enough that the Trustees looked at it, and for whatever reason they had, but this Board's got to look at it. I think not only would it be consistent with the LWRP to move it back, to be consistent with the nonconforming use provisions of the code, gradually pushing these things back into further conformance. CHAIRMAN DINIZIO: Thank you, Eric, and thank you, Michael, for clearing that up. Anybody else have any questions? MR. BRESSLER: I would ask that my presentation be incorporated by record. CHAIRMAN DINIZIO: By all means. BOARD MEMBER GOEHRINGER: My only suggestion is that I think we should take this testimony today, and since this is an application 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . that is quite involved, and then discuss it at the ~~ CHAIRMAN DINIZIO: Mr. Arnott? MR. ARNOFF: There are a couple of comments I'd like to make, and I think the point is well taken that the -- first of all, let's be very clear. My client put up a foundation to stop erosion, we did it at our own peril. I told the Board that and clearly it's not something which this Board should even consider. Whether it's there or it's not there at this point is truly irrelevant to this Board's determination. And I don't want this Board to think that we're here trying to bootstrap ourselves to that thing. We agreed in court that that was why we did it, and we did that at our own risk. Now, having said that, we have a situation here where this Board did consider maximizing the distance from the water. We heard, and I remember it echoes in my head, Mr. Bressler ad nauseum going into maximizing the distance from the bluff, why can't it be pushed backed further, why can't it be pushed back further. This Board heard of argument after argument after argument of that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . issue. So let us not forget, we certainly can go back to your minutes and you'd you'll find those arguments, and they're there and this Board considered them. They didn't have the LWRP report in its hand when they heard that argument, and yes, this Board can revisit that issue again with that document in hand; however, that document is purely advisory. This Board can disregard it, adhere to it, modify it, do what this Board wants. And yes, additionally, it would be foolish of me or anyone to corne before this Board and say, well, the Trustees acted, well, the Trustees are an independent Board. We all know that every board in this town is independent. And you certainly are free to make rulings that are your rulings independent of whatever the Trustees did. I mention what the Trustees did because I think it's persuasive, it's something the Board should have before it, and it's something the Board should consider when it determines what it wants to do. Now, the report of the LWRP Mr. Bressler finds fault with, he finds fault with the language, this Board is capable of looking into the recommendation; they heard the testimony. By . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the way/ there is no change. For this Board's determination, there is no change in fact from today and when we were before you the last time. Remember, and I think, Mr. Dinizio, you're right, there was a house, there was an existing house, an application came before you, you gave approval, when they went to remove the house foundation collapsed, and they were left with the situation of coming back before you again. That's the situation. We're no different today than we were then. So this Board had in its cannon all of the necessary information it needed to make a determination. The only thing it didn't have and the Board and the Court correctly said, it didn't have the LWRP so that it could say yea or nay or whatever it wanted to do in regard to the LWRP. But the question the Board must ask itself is does what is embodied in the four corners of the LWRP impact in such a manner on what this Board previously decided as to make it or convince this Board to change its prior determination. That's really the pivotal question, and I submit that it does not. Thank you. CHAIRMAN DINIZIO: Okay. Does anybody 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . have anything, any questions? BOARD MEMBER SIMON: I just have a question for Mr. Arnoff. MR. ARNOFF: Okay. BOARD MEMBER SIMON: Would you think it's fair to say that you're suggesting we should take the Trustees more seriously, and that Mr. Bressler is saying we should take the LWRP more seriously since those two entities seem to be in disagreement with regard to this project? MR. ARNOFF: I don't think they're in disagreement necessarily. I think what the Trustees did was they took the LWRP recommendation and went to the applicant. And they said, how can we do something to bring it closer and the cesspools were subsequently moved. So I think if I were this Board I think you should take everything seriously. I don't think you should take the LWRP as the Trustees' determination necessarily any -- one more seriously than the next. I think you should even take what Mr. Bressler said today as seriously as you take anything else. I don't think anyone, anything requires or deserves greater 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . consideration. This Board has to separate the wheat from the chaff, that's its job. CHAIRMAN DINIZIO: Okay, one more time. MR. BRESSLER: May I speak just 10 seconds just to that question? CHAIRMAN DINIZIO: Yes. MR. BRESSLER: I think the statute requires that you take the LWRP a tad more seriously than the Trustees because that's your statutory mandate. Whereas, what weight you give to the Trustees is up to you. So that's my answer to that, and with that I think the Board ought to be fairly clear as to what the issues are before it as Mr. Arnoff, and I basically agree on what the underlying issue is. CHAIRMAN DINIZIO: Okay. All right, is there anybody else on the Board that would like to make a comment? Add anything else to the record? Anybody out in the audience? Linda, you? BOARD SECY. KOWALSKI: No. CHAIRMAN DINIZIO: Okay, then I'd like to entertain a motion that we accept the information we have and close the hearing. (See minutes for resolution.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . C E R T I FIe A T ION I, Florence V. Wiles, Notary Public for the State of New York, do hereby certify: THAT the within transcript is a true record of the testimony given. I further certify that I am not related by blood or marriage, to any of the parties to this action; and THAT I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2007. Florence V. Wiles APPEALS BOARD MEMBERS . Ruth D. Oliva Gerard P. Goehringer James Dinizio, Jr. Glainran Michael A. Simon Leslie Kanes Weisman . Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. north fork . net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 8, 2007 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 square foot parcel has 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line. The one-story, single-family dwelling was removed, and the accessory garage building remains as shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. FINDINGS OF FACT The record of the prior hearings of the Zoning Board of Appeals with respect to this application were incorporated by reference. The Zoning Board of Appeals reopened and held a public hearing on this application on January 25, 2007, for the purposes of receiving documentation and testimony relative to LWRP Code Chapter 95 (renumbered 268), Local Waterfront Revitalization Program Law. On January 25,2007 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: BASIS OF BOARD'S JURISDICTION: The Supreme Court under Index No. 05-28436 rendered an Order remanding the case to the ZBA for the purpose of reconvening and complying with Chapter 95 Local Waterfront Revitalization Program Law (LWRP) procedures. A variance was sought based upon the Building Inspector's disapproval of an application for a building permit to substantially remove or demolish and reconstruct a new single family home. 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. ZBA DETERMINATION RENDERED MAY 12. 2005 for AREA VARIANCE RELIEF: In a decision rendered May 12, 2005, the ZBA granted applicant's request to retain the existing nonconforming location of the foundation, with reconstruction of the dwelling on the first and second floor and enlargement with small addition, as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, L.S. The relief granted was related to the location of the new construction areas, as follows: (a) minimum setback at 8.9 feet for the second-story from the westerly side property line, (b) setback at 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. Page 2 - February 8, 2007 - ZB Ref. 5680 - W. Bruce and M. BZ'an CTM Parcel # 31-13-4 . ZBA DETERMINATION RENDERED OCTOBER 27. 2005 for AREA VARIANCE RELIEF: In a decision rendered October 27, 2005, the ZBA void and terminated the May 12, 2005 decision, and granted variances for alternative setback relief, subject to eleven (11) Conditions. LWRP DETERMINATION LWRP REPORT ISSUED UNDER TOWN CODE CHAPTER 95 (268): LWRP Reports prepared by Mark Terry, Senior Environmental Planner and LWRP Coordinator, issued December 20, 2005, and resubmitted December 28, 2006 and January 19, 2007 were entered into ZBA #5680. This information was considered by the Zoning Board of Appeals, with testimony and information submitted during the January 25, 2007 public hearing. The LWRP report states that the proposed action is generally CONSISTENT with the Policy Standards. The LWRP Coordinator recommends that "the Trustees require that the septic system be relocated to achieve a 100 ft. setback from the top of the bluff line pursuant to Chapter 97-12. Findings; purpose; jurisdiction; setbacks; unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction." The applicants obtained an amended Permit (#5901) from the Town Trustees relocating the septic system at a minimum of 100 feet. The foundation of the proposed structure currently exists and is located in Flood Zone X, an area outside of the 500 year flood zone. The applicants propose gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure and a pervious driveway. No part of the applicant's structure is located seaward of the Coastal Erosion Hazard Area. For these reasons, the Zoning Board of Appeals adopts the LWRP Coordinator's recommendation, determining the proposed action CONSISTENT with the LWRP Law. AREA VARIANCE/REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The ZBA relied upon information offered during the first Appeal in the Spring 2005 indicating that the applicant's foundation would not be removed. Since that variance determination, circumstances changed because the foundation was removed. Based on these circumstances, the applicant is able to relocate the dwelling to increase the setback on the westerly side yard, and to bring the side yards into more conformity with the code requirement. Several other houses in the neighborhood have similar side lines and yards. The ZBA also relies upon information offered during the January 25, 2007 hearing that the southerly side of the foundation remains 35.2 feet landward of the bulkhead and at 12.6 feet on the easterly side yard setback, seaward of the Coastal Zone Management (CZM) line and the same as that decided in the ZBA determination issued October 27,2005. There has been no change in the setback on the westerly side of the foundation, which continues to be proposed at a minimum of 11.6 feet from the second-story of the proposed structure and which also is seaward of the Coastal Zone Management line. 2. The benefit sought cannot be achieved by some method, feasible for the appiicant to pursue, other than an area variance. The lot is only 50 feet wide. The total remaining yard area for both sides, if the dwelling were at a maximum of 29.5 feet in width, would only be 20.5+/- feet, instead of the code required 25 feet for both side yards (total combined). 3. The variances granted herein are substantial. The foundation was removed, and a more conforming side Page 3 - February 8, 2007 . ZB Ref. 5680 - W. Bruce and M. B n CTM Parcel # 31-13-4 . yard setback can be obtained by moving the dwelling closer to the side yard as determined in the October 27, 2005 ZBA decision. 4. The difficulty has been self-created. The area that contained the former foundation has since been excavated and cleared, for placement of a new dwelling foundation. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 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, the following Resolution was adopted: On motion offered by Member Oliva, seconded by Member Weisman, it was RESOLVED, to VOID and TERMINATE the May 12, 2005 Decision under ZBA Appeal No. 5680; and be it further RESOLVED, to grant the variances (also written in the October 27,2005 ZBA Determination), setting back the new second floor wall by three feet (for more side yard conformity), as shown on the hand- drawn elevation diagrams with ZBA date stamp April 11 ,2005, SUBJECT TO THE FOLLOWING CONDITIONS: 1. a) The 29.5 ft. wide dwelling shall be a minimum of 8.6 feet at its closest point to the westerly property line, resulting in a 2.7 ft. further setback to the east (instead of the prior ZBA requirement for a 5.9 ft. minimum setback). b) In addition, the 29.5 ft. wide dwelling shall be a minimum of 10 feet from the easterly side yard line, resultin9 in a 2.6 ft. reduction in the setback (instead of the 12.6 ft. setback approved in the May 12, 2005 ZBA Decision). 2. Both side yards shall remain open and unobstructed for access of emergency and maintenance vehicles. 3. The basement entry and wooden steps that are presently located on the easterly side yard must be moved to another location so that they do not interfere with or encroach into the setbacks approved by this Board. 4. The height shall remain limited to a maximum of 27 feet to the highest peak (as proposed and approved in the May 12, 2005 determination). 5. The new second floor wall on the west side shall be a minimum of 11.6 feet from the westerly property line, resulting in a further setback of 3 feet from the 8.6 ft. side yard setback noted in Condition 1-a, above. 6. That the area covered with canvas in the front yard (street side) of the house be entirely removed. 7. That the driveway shall consist of pervious or gravel materials for proper drainage. 8. No building permit shall be issued until a new application for a building permit is submitted that meets all of these conditions set forth in this decision and is reviewed (for compliance with the ZBA conditions) by the ZBA Chairperson or other representative in the Department of the Board of Appeals. Page 4 - February 8. 2007 . ZB Ref. 5680 - W. Bruce and M. B'Zan CTM Parcel # 31-13-4 . 9. That the kitchen area and cooking facilities shall be removed from the accessory building prior to issuance of a certificate of occupancy for the new dwelling. 10. The setback to the bulkhead shall be a minimum of 35.2 feet and the lot coverage shall not exceed 21 % (exclusive of waterfront dock, walks, apron, and minor step areas) as applied for. 11. The owner or hislher authorized agent shall notify the Zoning Board of Appeals in writing in the event of any proposed changes in circumstances, or new developments, after issuance of this variance. The Zoning Board of Appeals reserves the right to require a new application with respect to any change in nonconformity that is restricted by this variance determination and the provisions of the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. That these ZBA conditions be written/referred to within the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformitles under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman~, 'va, and Weisman. (Member Simon abstained. Member Goehringer was absent.) This Re 0 ution was ya opted (3-0). . Ja es Dinizio Jr., hairm 12007 A proved for Filing