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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 AD�) Cy a 8 0 i ij c k. i 1 APPEALS BOARD MEMBERS ��®� ®U,�® Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. Town Annex/First Floor,North Fork Bank Michael A. Simon ®�e�'COW N 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS I,_ RECEIVED It Ilf-1-6� TOWN OF SOUTHOLD �1!3.4 Tel. (631)765-1809•Fax(631)765-9064 ()ir' DST 3 1 , 2005 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27,2005 SO :a Simlhld Tow' iC erk ZBA Rehearing File Ref. 5680 -W. BRUCE and MARY ANN BOLLMAN Property Location: 1755 Trumans Path, East Marion CTM 31-13-4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 9,878.29 sq. ft. parcel has 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line. The one-story, single-family dwelling was recently 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. BASIS OF APPLICATION: Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.4E and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single-family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1)will be less than 10 feet on a single side, (2)will be less than 25 feet combined side yards, (3)will be less than 75 feet from the bulkhead, and (4)will have lot coverage exceeding the code limitation of 20 percent. FINDINGS OF FACT The Zoning Board of Appeals (`ZBA') held a public hearing on the rehearing of this application on October 20, 2005, at which time written and oral evidence were presented. The entire file and transcripts of the previous hearings regarding the original application under Appeal No. 5680 held on March 31, 2005 and May 4, 2005 were also entered into this rehearing record. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: ZBA DETERMINATION RENDERED MAY 12, 2005 for AREA VARIANCE RELIEF: Ina 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 10 feet for the second-story from the westerly side property line and minimum 5.9 feet from the existing foundation measurement to the westerly side property line, (b) minimum setback at 12.6 C 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—October 27,2005 ZB Ref. 5680—W. Bruce and M. On CTM ID: 31-13-4 During the first Appeal under File No. 5680, hearings were held on March 31, 2005 and May 4, 2005 and testimony indicating that the existing block foundation would not be removed or demolished because it would be too expensive, and that the foundation was stated to be structurally sound and intact, with very little work done to it and only to have the basement there for the heating system on the north side. RESOLUTION SCHEDULING DATE FOR REHEARING: At its September 1, 2005 meeting, a Resolution was adopted by unanimous vote of all the members, to reopen Application No. 5680, with a rehearing date scheduled for September 29,2005 and October 20,2005 before the ZBA. MODIFIED REQUESTS: During the October 20, 2005 hearing, discussions were held regarding circumstances that resulted after issuance of the May 12, 2005 ZBA Grant of Alternative Relief relative to the applicant's request for variances, and the Building Department's grant of a building permit on June 28, 2005 (No. 31232-Z) concerning demolition and reconstruction of a new single-family dwelling per ZBA Decision No. 5680 and Trustees Permit: 1. Testimony was received by the applicant, the applicant's builder, and the town building inspector, indicating that a new foundation plan (ref. Page 4 of 10 prepared by Penny Lumber, date stamped August 9, 2005) was approved by the Building Department as an amendment to Building Permit No. 312320-z for new construction of the existing foundation in the same place. The Building Inspector's amendment was issued after reliance on the information furnished by the builder to the Building Department in August 2005, and the August 9, 2005 letter from the applicant's engineer as to why the foundation was unsafe to build upon. The Building Inspector also confirmed that the Building Department contacted representatives of the Trustees and ZBA Departments regarding the proposed in-place reconstruction of the unsafe section of the existing foundation that was crumbling. 2. Simultaneously with this Appeal hearing (on October 20, 2005), the ZBA received testimony under the Appeal of Jennifer Gould (ZBA No. 5681), the adjacent landowner west and closest to the new construction activities. Testimony was received concerning personal observations, activities related to the boundaries and adjacent land areas between the Gould and Bollman properties, the removal of the foundation that existed, the hole recently excavated for the entire new foundation, use of the existing accessory building over the years, building permits and amendments, as well as other extensive information. 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 substantially. The foundation is no longer existing, and the area has been cleared and excavated, planning for construction of an entirely new foundation. 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 yards into more conformity with the code requirement. Several other houses in the neighborhood that have similar side lines and yards related to the applicant's long and narrow lot. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is 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. 3. The variances granted herein is substantial. The foundation has been removed, and a more conforming side yard setback can be obtained by moving the proposed dwelling location. 02 Page 3—October 27,2005 ZB Ref.5680—W. Bruce and M. B9.$1an CTM ID: 31-13-4 4. The difficulty has been self-created. The area that contained the foundation has since been excavated and cleared for an entirely new dwelling. 5. No evidence has been submitted to suggest the relief granted will have an adverse impact on the physical or environmental conditions in this residential neighborhood. 6. Grant of alternative 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 267-13, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, TO VOID and TERMINATE the May 12, 2005 Decision under ZBA Appeal No. 5680, and TO GRANT variances, 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 stamped 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 feet reduction in the setback, instead of the requested 12.6 ft. setback approved by the Board in the May 12,2005 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 variance 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 the 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 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. i Page 4—October 27,2005 ZB Ref.5680—W. Bruce and M. An CTM ID: 31-13-4 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 change 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 irf this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Absent was: Member Orlando.) This Resol ion as unani ously o ted (4-0). Ruth D. O iva, Chairwoman 10/28/05 Approved for Filing 1 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING December 7, 2005 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971-- Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Bollman, Bruce 5680 Anderson, Thomas 5782 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc M:\ZONING\ZONING\WORKING\CHRISLD\aug\sd5680.sep doe LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(516)853-4044 APPEALS BOARD MEMBERS ��jf SU(/ryo Southold Town Hall Ruth D. Oliva, Chairwoman ti0 1p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orland_o Office Location: James Dinizio,Jr. �O Town Annex/First Floor,North Fork Bank Michael A. Simon o��Com 54375 Main Road(at Youngs Avenue) Southold,NY 11971 h tp:Hsoutholdtown.northfork.net iOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 1, 2005 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5680 (W. Bruce Bollman - Re-Hearing) Action Requested: Side Yard and Bulkhead Setback Variances Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 7 APPEALS BOARD MEMBERS- ��OF SOUjy� M Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �O� Town Annex/First Floor,North Fork Bank Michael A. Simon CUM 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 October 31, 2005 Harvey Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 1 1 901-2794 Re: ZBA Ref. 5680 —Variance Requests (Bollman) Dear Mr. Arnoff: Supplementing the copy sent to you by fax transmission on Friday, please find enclosed the October 27, 2005 determination rendered by the Zoning Board of Appeals for the above property and filed today with the Town Clerk. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may wish to furnish an extra copy of the enclosed determination to the Building Department 'at the time of submitting any other documents or amendments, if necessary, during the final review step. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 10/31/05 to: Building Department APPEALS BOARD MEMBERa *OF SOUT Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio, Jr. �`�► • �O Town Annex/First Floor,North Fork Bank Michael A. Simon �l,YloUffN 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 October 31, 2005 Jennifer B. Gould, Esq. 210 Main Street P.O. Box 177 Greenport, NY 11944 Re: ZBA Ref. 5680 —Variance Requests (Bollman) Dear Ms. Gould: Supplementing the copy picked up by hand on Friday, please find enclosed the October 27, 2005 determination rendered by the Zoning Board of Appeals for the above property and filed today with the Town Clerk. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 10/31/05 to: Building Department 7 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31232 Z Date JUNE 28, 2005 Permission is hereby granted to: W BRUCE BOLLMAN GRANGE ROAD SOUTHOLD,NY 11971 for . DEMOLITION & RECONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA DECISION #5680 & TRUSTEES PMT. at premises located at 1755 TRUMANS PATH EAST MARION County Tax Map No. 473889 Section 031 Block 0013 Lot No. 004 pursuant to application dated JUNE 22 , 2005 and approved by the Building Inspector to expire on DECEMBER 28, 2006 . Fee $ 874 .40 Authorized Signature COPY Rev. 5/8/02 i \1 MATCH LINE SEE SEC.NO.022 " FOR PCL NO SEE SEC NO 022-03-010 23 SEE SEC.NO.022 MATCH LINE �6�� MATCH LINE MATCH LINE M° 35 > FOR PCL NO\ SEE S C.N0. „xI '#' 1.7A COUNTY OF•r TOWN OF SOUTHOLD 022-07-0I8.22 35 r'O ti�Pic, T'♦ ,0 '.lf1 (OPEN SPACE) 1.TA m ti6'OA �° s m 1.2 TI 14.3A(c) 27 ql �ry r^ s O o 16 pP ¢3A t26 S.lAlcl 6 1 8' ,� ,•^{l/ CT�\ ss +^s aP s•^ „e llplc 0� -P '>•'°' i 6 x Epst MpSIO�`ts as° 18 Op s 4 ,ZA 3 Z 5°� `0 1• t 28 „T a SCNpO 0 s x° a 23 a s 32 3 m 16� •,,22xo a 2.SA 11Afl� P 1.1 '� 3 a y0 nI's o ? o $ `ye20 0% 31 o 1 OA(cl °2 30.3 1.6A1c1 `s J ,is p1 b• 4 4 $ .laE0010 G29 MAIN 16.6 3 6 12 a 13 ,} 3, 3 l9 'b s 9 °+ 'a 5.1 1P� ^w ,0-° 1�ple, 10�• a +°0`, 8 a, '3 11 ' ? a s °' 6 to 7 .1 2.5A O•'� o �e ro rR e jp0 10 x :e 2.3A ': ,° o^w a ° .•`v°�," c ° `' ss LIA(c1 , y 1 B.1 •. 4io,., °• °2 'w. o, 6 14 '$ 11 3.9A1c1 10.1 ,°^V °j°tiy Fhr .°Q •. �, 2�p1c1 O ,� 2.3A 8.40,1c) M1 4.2 O• o ,r h 8 ro +•�. of �P`c� 4.4 O` r xI yy �. MdR10N S y�`A,ry 8�v° •ti'o Po 1 � ♦ 5 SOUL 'a ry °' � r'. 9> �n IRE 032 4.5, a 4 a ° titi� tiry`ems � � n �• 6 $ �e 3 B q, '1P 3 EAST MARION ,lye• i,4 Po 9J• �'• CEMETERY ° 9.1 O l. 3 °•0 w Al i O'�,� ti� � � Sa 4 „ak• 4 TOWN OF SOUTHOLD (UNDERNATER LAND) try 1� ^+°'" +Oa'S •' '°20 ,,�b 4` a MARION LAKE 12 O yP�d '� ,F �• ,e��', ry 6 s s + 19 BA(el `°`ti �' a Jr :ry •t 3, 'h e �qr r b r, ,,�,•, rs ,� A� 4 � O� y°ry°� $ '�°� a~ry�'•° w'�•� 17 �°tip s 8 do vp ti ry9`c� �;s a 22�a '° ` tiq^•,�':•+• t•°m,; P~y,q � °•P'Y r S qti° as> °°1 rs s �� O ti N• Be> MARION LAKE �° ti1 xI q 6.2A(c) TOWN OF SOUTHOLD 6 'UNDERWATER LOND I N 331200 p Neu 2.441d $N+� ry6ro qQ •,.y - - 11 so A ea .yti ,� O; Lb IND ^�O„•i ..o'er/'�J`,�s'q e^.8 ,p � 3 ry ° �,Ls °.b°, ry�,p`,,jJ��' r :`� '✓• � 6 g°'•p 4 °"'`,y5>+ a O, aNkx l4,e --H-- UNLESS ORANN OTHERWISE, ALL PROPERTIES C NOTICE O7_V�� COUNTY OF SUFFOLK © E2132 4RE WITHIN THE FOLLOWING DISTRICTS.SCHOOL SEnER MAINTENANCE•ALTERATION.SALE OR �� Real Property Tax Service Agency Y H,>.k,Uro HST FWE DISTRIBUTION OF ANT PORTION OF THE antMAP EDy re nter Riverhead,N Y 31901 M __ :£, z<.^' ,La4 ;`},:t: r`Lf;' ;;x.� .`---'mac. x�,,^ ..'-="€v`'" :: .,w';v2``:w.'-..•£'a`` ">,>aL'�"'-�'•'a�r :z' .+Y.--r,,.c "" 1 vj 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 --------------------------- - ----------------x 5 T 0 W N O F S O U T H 0 L D G 7 Z 0 N I N G B 0 A R D O F A P P E A L S 8 9 -------- ------------------------------------x Southold Town Hal]. 10 53095 Main Road Southold, New York 11 March 31, 2005 12 9 :30 a.m. 13 Board Members Present 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman lG GERARD P. GOEHRINGER, Board Member 17 JAMES DINIZIO, Board Member 18 MICHAEL SIMON, Board Member 19 LINDA KOWALSKI, Board Secretary 20 KIERAN CORCORA\1, Assistant Town Attorney 21 22 23 ORIGINAL 24 25 Q COURT REPORTING AND TRANSCRIPTION SERVICE 1631) 878-8047 l 11 1 2 really had no other choice than to do what ,,.iu -did; is that correct? 3 MR. ROMANELLI : Yes. Any other spot I put this building would require a variance on another 4 lot line . The thought process here was let' s keep all our buildings on one side, it' s onl_,' real1v a 5 two foot lot line at this point, keep that all the way down. •s BOARD MEMBER GGEHRINGER: Thank vou. CHAIRWOMAN OLIVA: Does anybody in the 7 audience wish to comment on this application wither for or against? If not, I' ll make a motion 8 to close the hearing and reserve decision until later. 9 iSee minutes for resolution. ) ---------------- - ---------------------- - - - -- ----- 10 CHAIRWOMAN OLIVA Next hearing is for �j Bruce and Mary Bollman, who wish) to demolish their 11 ( House and rebuild another house on the property on Truman' s Path in East Marion. Is there anyone 12 here who would like to comment on the application-- MR. BERTANI : Hi, my name is John Bertani, 1 I'm here for Mr. and Mrs . Bollman. ' As of two days ago, we were made aware of 14 that the school, Miss Gould, the neighbor, has made some comments. Sc, I have some things for 15 rebuttal . CHAIRWOMAN OLIVA: Would you just like to 15 go over some of these points? MR. BERTANI : Yes, just one or two. 17 CHAIRWOMAN OLIVA: Go ahead, Mr. Bertani . MR. BERTAMI : All I haste to sa,,. about this 18 is Mr. Bollman' s owned this property, it ' s been in his family since 1947 . It' s always been his dream 19 to have this home there, it' s his own personal home, fix it up. He basically worked on the 20 footprint that' s there . The house is only going t­ be a two bedroom, two bath, living room, eat-in 21 kitchen. Unfortunately, the lot size is only 50 feet wide, and that' s what causes the encroachment- 22 c-n the side yards . Mrs . Gould, if you look on - there' s a picture and also a survey showing the 23 proximity- of the two houses. Mr. Bollman' s house is I would say 90 percent behind Mrs . Gould' s 24 house. I don' t think we' re going to interfere with her light, her ventilation, her views by 25 going up two stories . CHAIRWOMAN OLIVA: Do you have a CO for March 31, 200522- i 12 1 2 the Bollmans for that garage with the deck upstairs? 3 MR. BERTANI : Yes, we do. CHAIRWOMAN OLIVA: Is that garage 4 inhabited? MR. BERTANI : It' s being used, _�es. 5 CHAIRWOMAN OLIVA: For living quarters? MR. BERTANI : Yes . It' s only because the 6 house is unlivable . There' s no cooking facilities in there, it' s just a bathroom and one room. 7 CHAIRWOMAN OLIVA: What is enclosed in that plastic covering in front of the garage? 8 [SIR. BERTANI : There' s an old car and some small boats, a sail fish type of thing, 9 kayak. And that would be gone as soon as the house is ready_ . The contents of the house is in 10 the garage at this time and that was put outside and covered. 11 CHAIRWOMAN OLIVA: I understand that you took any furniture that you wanted from the house, 12 stored that in the garage, they' re living upstairs, and they covered up the two cars they 13 have outside? MR. BERTANI : Yes, one car and one boat 14 and that will be gone as soon as that can go back in the garage and the other stuff can go in the 15 house . CHAIRWOMAN OLIVA: The other question I 16 have is why does this ridge of the new house, if you' re really only making a small house, have to 17 be 30 feet high? It will be larger than any other louse in that whole neighborhood, and I have 18 problems with a 30 foot high house, 28 or 26 would be far more acceptable. 19 MR. BERTANI : I understand that, and I made a mistake. I took the elevation heights off 20 of the plan, and the grade of the property is higher. So it wouldn' t he that high to begin 21 with, and also, we could lower the pitch of the roof and bring it down also. A.nd we could 22 probably get it down to 28 feet or less . CHAIRWOMAN OLIVA: Okay. Mr. Goehringer? 23 BOARD MEMBER GOEHRINGER: I think you .answered all the questions that I had . I 24 appreciate your doing that . Thank you. CHAIRWOMAN OLIVA: Vincent? 2C BOARD MEMBER ORLANDO: -The question with the CO, you may not have this or know it, the Co March 31, 2005 23 ( 13 1 2 for the accessory garage, does the CO say it' s habitable space or is it just an accessory garage? 3 MR. BERTANI : I really don' t know. BOARD MEMBER ORLANDO: It really,- looks 4 like there' s two dwellings on the property. MR. BERTANI : It' s not meant to be . It ' s 5 meant for just an office. BOARD MEMBER ORLANDO: It' s relativel;r 5 aew, isn' t it? a MR. BERTANI : Yes . 7 BOARD MEMBER ORLANDO: On the drawing the house is offset . It goes up and then it comes in 8 and goes 'up? MR. BERTANI : Yes, that' s on the north and 9 south. BOARD MEMBER ORLANDO: So the second floor 10 is closer to 10 foot on the one side and then 15 foot, 10 and 15? 11 CHAIRWOMAN OLIVA: Yes. MR. BERTANI : No, I don' t understand the l� question, I'm sorry. BOARD MEMBER ORLANDO: There' s two side 13 vard setbacks . CHAIRWOMAN OLIVA: 12' 71' and 519" . 14 BOARD MEMBER ORLANDO: But then it has the 10 foot right there. 15 CHAIRWOMAN OLIVA: I don't know what that is . 15 MS . KOWALSKI : The existing house is 10 feet on the north side. They' re proposing 5 . 6? 1'7 BOARD MEMBER ORLANDO: Those are existing side yards, 10 and 15, and you want to go even 13 closer? MR, BERTANI : No. The shaded area is what 19 it would be if we had to go to the 10 and 15 . The existing house is at 5 . 9 , 20 BOARD MEMBER ORLANDO: You' re just showing the setbacks. 21 MR. BERTANI: Yes . The surveyor had to show the square footage of the noncompliance . 22 BOARD SECT. KOWALSKI : Is there an older surge-,, that shows the existing setbacks? 23 MR. BERTAIJI : Yes, it' s in there . BOARD SECY. KOWALSKI : Do you ha•:e one 24 with you? MR. BERTANI : Yes . It' s in the packet I 25 just gave you. BOARD MEMBER SIMON: I apologize for March 31, 2005 � v 1-� 1 having to ask this question, the side on which the addition to the original footprint, that is on the 3 west side? MR. BERTANI : The addition to the house 4 would be to the north. BOARD MEMBER SIMON: The water' s on the 5 south, right? So there is no increase in the footprint on either of the side setbacks, right? i; But the difference is there' s going to be a second stork;, on which side the east or west side? 7 PAIR. BERTANI : The second story, on the east and west side, it goes straight up. 8 BOARD MEMBER SIMON: No further questions at this time. 9 CHAIRWOMAN OLIVA: Jim: BOARD MEMBER DINIZIO: This is the house 10 that has a dormer on top already? MR. BERTANI : No. 11 BOARD MEMBER DINIZIO: So you' re bringing from a bungalow and going up two stories . What is 12 the height from the story on the ground near the side yard up to where you' re going to see the 1 angle of the roof? MR. BERTANI : Probably about 18 feet . 14 BOARD MEMBER DINIZIO: Just approximate, it' s not 28, 30 feet there? The 30 feet is going 15 to be close to the middle of the lot? , MR. BERTANI : Right . On that side of the 15 house we brought the windows up eery high so we wouldn' t be really looking at the neighbor' s yard 17 so on and so forth. BOARD MEMBER DINIZIO: The actual wall 18 ;our neighbor is going to be looking at is about 1°? 19 MR. BERTANI : About 18 feet . BOARD MEMBER DINIZIO: What are they 20 looking at now, about 10? MR. BERTANI : There' s a peak on that side, 21 they're probably looking at 14 feet . BOARD MEMBER DINIZIO: There' s two 22 variances going on here. One is for the additional amount of footage, not footage but 23 actual ground space you want to take up in the front of the house, extend that a little bit, and 24 the fact that you want to go higher in a nonconforming area. 25 BOARD SECT. KOWALSKI : It' s a little bit more, he' s rebuilding the first floor also. March 31, 2005 00, j 15 1 2 BOARD MEMBER DINIZIO: I understand that . I understand he' s tearing the house down. That' s 3 one thing, but we' re talking about just the footprint and what he' s adding. 4 MR. BERTANI : Right . And it wouldn' t be our choice to tear this down but the Town would 5 not accept the house the way it is if we just went leap in sections and changed windows and doors, it' s Is :ery poorly constructed. BOARD MEMBER DINIZIO: It' s 2' by 4' s and 7 2' by 5' s . MR. BERTANI : That' s correct . That' s the 8 floor joist 2' by 41s. BOARD MEMBER DINIZIO: You' re going to 9 ],:eep the basement, the foundaticn' s going to be the same, there' s not much digging other than this 10 ri ew area -- MR. BERTANI : That little section on the 11 north side . BOARD MEMBER DINIZIO: Then the garage 12 itself will be returned back to the original . I was surprised to hear that somebody was living 13 t_here . He' s living there because he likes to go out on weekends . It' s not a seven days a week 14 proposition _,tear round, he wants to come out and ?njoy his property. He' s preparing to do without 15 the construction he has now. All right, I guess that' s all . 1.5 CHAIRWOMAN OLIVA: You are exceeding the 20 percent lot coverage to about 22 . 9? 17 MR. BERTANI : That' s correct . But many homes in the area are also in that same boat 18 because we now are counting sidewalks, docks and ramps, and so on, which I don' t think we e-%rer did 19 before in lot coverage . So I know the neighbor right next door is definitel,, also in the same 20 boat if we came today before tou. CHAIRWOMAN OLIVA: Thank you, Mr. Bertani . 21 Would anvone else like to comment on this application: Ms . Gould. 22 MS. GOULD: Hi, my name is Jennifer Gould. I live at 1820 Truman' s Path, which is directl-,- 2-3 west of the Bollman line; and first I would like to apologize for getting my paperwork in so late, 24 which is March 30th; Mrs . Bertani did get me notice on March 9th or somewhere thereabout, but I 25 had a vacation planned, and I was gone 10 da,'s . So trust me, trying to work and getting back, I March 31, :='005 �� 1 2 went and saw -- I got back on Wednesday, I went to the Building Department on Thursday, I looked at 3 the plans, I went out and measured from his douse to the propert_,r line on Saturday, called my 4 surveyor on Monday, they came out yesterday, I asked them to rush the calculations, and my survey 5 print, and I don' t think it' s a real imposition on the Bollmans if the hearing stays open a week or 6 so for me to get my final survey in so that you get a whole view of this thing. This happens to 7 be a very big deal to me, and I might add that the property' s been in this condition -- I' ll give you 8 pictures -- for 18 years . I've Lived with this hind of dilapidated structure, so if we have to wait another week to get this sorted out, I don' t think it' s a big deal. 10 These are pictures that I would like to enter into the record with my statement I made 11 yesterday (handing) : I assume that goes into the record if you will . I numbered each one of them, 12 they' re all in order, and I just wrote a little comment on the back of them. So you can sew what 13 I tried to do. I saw the application that went into you. You saw just a snapshot of the front of 14 the house they want to redo and the back of the house, but I think you have to see the entire 15 property. As Mr. Bertani said, this property' s been in the Bollman family for a long time. I 16 know that Bruce has an attachment to the land, we all do. These three parcels were all one at 17 c,nce . In Exhibit A on the paperwork I put in, I 18 put a 1970 survey of the property,', and his mom owned all three parcels and now they have been 19 divided, and Bruce' s is in the middle, it' s S0 Feet, Purettes is to the east, he' s 50 feet, I' m 20 40 feet . I have the smallest lot, the smallest house, and, Mr. Dinizio, you asked - - I didn' t 21 want to bring this up because to me how he uses the accessory building is really not the issue . 22 He does live there full time . It' s him, he' s my neighbor, that' s fine. The issue for me is, in a 23 nutshell, is -vou have two structures on one piece of property which is less than a quarter acre that 24 Look like houses, whether you call it a house or not, it looks like a house and you've got the 25 pictures here . This is the CO, it says accessory garage March 31, 2005 17 1 2 in front yard with nonhabitable storage area above as applied for, and I said in my letter that I 3 wasn' t sure if it was already exceeding lot coverage for the steps and the decks, just because 4 it' s not in the CO, I don' t know. I' m just saying that if it exceeds lot coverage already there 5 needs to be a variance for that part . 'Also, the canvas shed, I don' t know why it ' s necessary, he 6 has covers on the things that are in there and he has had in the past . The boats were alwa-vs neatly• 7 stacked at the side of the yard, but vioua1ly you can see from the first picture, it' s a lot to hit 8 _,•our eye to have a 10' by 18' storage shed smack up against the garage, which is already the size 9 of most houses in the neighborhood, that access=1 building is 1, 485 square feet, and I take those 10 measurements off the Ingegno survey. That 1, 485 -- I haven' t had a chance to read 11 Mr. Bertani' s letter but, when you get my sur5rz�', TT11' whole house and my accessory building is not 12 1, 485 . The house that was reconstructed on the other lot is 2 , 000 square feet; the accessory 13 building is 23 . 3 wide . My house is 20 feet wide, the Purret' s house is 20 . 2 feet wide. I don' t 14 know what it is to the peak of the Bollman garage. I think the Board should know what that 15 is because the peak of the garage, it' s a cathedral, it' s a nice design, don' t get me wrong, 16 but what I thought was going to happen in 1977, when this building went up, was that the house 17 would come down, he' d have a big beautiful lawn, and that mav_be he would add on to the accessory 18 building in terms of a residence. And from the aesthetic point of view, that would be great . Bur- what he wants now, and frankly, what he' s legallj' ;retitled to, he has his footprint, he can keep trie 20 1iouse he has and remodel that, but he does need a :variance to go up two stories . It' s substantial . 21 To lmry roof is I think 20 feet, that' s one reason I had a surveyor come out so you could know what it 22 is to the peak of my roof, I don' t know. He' s talking about going up 30 . There' s no other house 23 in the neighborhood especially the six houses around that are anywhere near that, and you have 24 to consider that the distance between our houses, his surveyor says it' s six feet from his house to 25 the-,,line, and there are pictures in there that show the shrubs along the property- line . I March 31, 2005 1 2 measured it and it' s 65 inches, to me that' s 5 .5 feet . But I ' m not a surveyor, when survevors say 3 half a foot doesn' t make a lot of difference, well it does make a lot of differences to me because it 4 _just means that our houses are that much closer . So no matter what way you cut it, we have 5 two structures on a piece of property. It' s maxed out on lot coverage already and this was by choice. This accessory building is .44 percent of the total lot coverage . He' s at 8 . 82 percent with the accessory building; the house right now is I think 10 . 57, whether ou count the walks and all 8 that stuff, that' s for you to decide, I don' t know, but it looks like it' s maxed out or close to maxed out right now, and I just 3o not see the need for a variance to increase the footprint or 10 go totally up two stories to 30 feet where there are design alternatives . 11 As an addendum to this, I gave YOU six pages, and that' s only from 2004 and 2003 , out of 12 McKinney' s Case Law about the factors _,you' re to c::onsider for a variance, and what the person wants 13 to do with their land is not a controlling factor, and you' re supposed to look at the land itself, 14 and there are reasonable alternatives here. All I'm asking for is some compromise . I don' t want 15 t•:� live next to this shack any longer either. But r I think design-wise, everything in the 16 neighborhood is one and-a-half stories, why couldn' t he bump it in so the second story doesn' t 17 go straight in like a box. I don' t know, I' m not an architect . I'm going to ask Glennis Barry to 18 come in here, she' s in another meeting, she' s an architect, she looked at this for me and tried to 15 come up with some alternatives that I did put in m,.• letter. I'm just asking that they consider 20 some alternatives to this . I'm open to other types of variances, but I think just to came and 21 put the biggest thing you can on the thing, and then -- I just don't think that that' s the way to 22 do it . I think there should be some compromise on this whole deal because the fact is, it' s close, 23 it' s two houses on one lot, looks like two houses . There is nothing else in the neighborhood line 24 this . If you do your balancinq test from 257 Bs , the detriment to the neighborhood, to me as an 25 adjacent neighbor, to Bob O'Brien, the neighbor' on the other side, to Jessie Purrett, it far March 31, 2005 A 9 19 1 2 outweighs any personal gain he gets for having a real big house . Something' s got to give here . 3 CHAIRWOMAN OLIVA: Mr. Bertani liad mentioned that he could lower the 30 foot height 4 to something like 26, 28 . Would that be acceptable? 5 MS . GOULD: I think we need to see how high my house is . CHAIRWOMAN OLIVA: Because I agree with ,ou 30 feet towers over anybody in the 7 neighborhood. MS . GOULD: John Bertani said it was 8 like - - if you look at pictures I think it' s 19, 20, and there' s 17, 18, 20 and 29 it shows the 9 root line of the current cottage, okay, it' s between 12 and 14 feet . Glennis has scaled that 10 for me. If that goes up 18 feet you can get an idea from those pictures it' s going to be massive 11 from the road. It' s not going to look very nice. It' s already there' s one house and then there' s 12 going to be another house . I don' t see why: something couldn' t be designed that' s comparable 13 to the out building that would kind of match it, have like twins or something, and that would still 14 give them space. CHAIRWOMAN OLIVA: You want varying root 15 lines? MS. GOULD: I think varying roof lines 16 would be something to look at as an alternative if they don't want to bring it back and hook it into 17 the other house or go smaller into the existing footprint; after all, their existing footprint is is 29 . 5 across, that' s 50 percent larger than mine and the next door neighbors and we all have 19 similar size lots . So already they have something pre-existing that' s bigger . 2u Also, we' re talking about adopting a new code here in May, the pyramid roof law, and small 21 lots increasing setbacks to 15 feet . That' s gibing to mean this variance- is even more substantial 22 than it already is. I know my letter' s in the record, I put my 23 calculations in there, maybe th_ ,' ll change or _,cu' il change them when you see my survey because 24 it' s based on what I think the distances are from the property line, and I'm estimating those 25 because I don' t have a survey. My old survey is in there, but vou' ll see, it doesn' t have an_✓ of March 31, 2005 �/� 20 1 2 those distances, which is why I requested a new one. 3 CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: Two comments, one is 4 I gather you would be happy if they made this existing cottage into a beach front cottage rather 5 than a primary house given the size of the existing garage? 5 MS. GOULD: I think it would look real cute . 7 BOARD MEMBER SIMON: One point about the question of how important is one foot to a 8 3urvevor, or less than a foot? Surely I think one foot compared with what? One fcrz)t out of six feet 9 is a lot more than one foot out of 20 feet . MS. GOULD: That' s my point . 10 BOARD MEMBER SIMON: Where this becomes relevant is we're talking about the effect on the 11 neighborhood, small increments add up to a lot if r_he setbacks are alreadv small . Clearl.,• ;'ou have 12 a number of ideas, would you be willing to negotiate this with Mr. Bollman-.,, 13 MS. GOULD: Absolutely BOARD MEMBER SIMON: Regarding something 14 that would be mutually acceptable . - MS. GOULD: I said that in my letter if he 15 had come to me with the plans before this, we could have talked about it then. But m•; notice of l this whole deal has been just like yours . I got a card in the mail . So there hasn' t been any 17 negotiation yet . I said to Linda Bertani that I thought that there should he some compromise here . 18 BOARD MEMBER ORLANDO: I think glanciIig at the survey, we missed another variance. The 19 Building Department missed another variance, it ' s ?5 feet to the bulkhead, the house . But you' re 20 demo-ing the house, so they missed that variance . That will be caught down the line . 21 MS. GOULD: There' s lots of potential •.ariances . I leave that to the Board to determine 22 what those are. I don' t personally think he has a variance for the canvas storage shed, I think he 23 should get rid of it . He' s not going to get a �rariance for it anyway. Get rid of the mound of 24 dirt that' s been sitting there for 10 .'ears from when the garage went up. 25 BOARD MEMBER GOEHRINGER: Can I ask a question? March 31, 2005 �/ 21 1 2 CHAIRWOMAN OLIVA: Yes . BOARD MEMBER GOEHRINGER: I have been down 3 there twice, I observed it with snow, without snow. I have to tell you, that we recently got an 4 application before us in New Suffolk which was exactly the same situation occurred, the house was 5 demolished, or partially demolished, the house was not livable, the people lived in the garage 6 presently, temporarily; and the same exact situation occurred where at that time it was the 7 applicant who, by the way is an attorney, said we' re going to move out of the garage, we had no 8 c,ther place to live, the house was unlivable . Mr. Bertani said that : What I need you to do 9 because of this median roof line issue that we' re c onstant1v discussing, the roof line really 10 doesn' t go -- it goes median to the center of the roof, I need you to address issues that refer to 11 the ridge line itself, because I don' t understand when you' re talking height to a median roof 12 line . We have to talk to the ridge so we understand exactly what the situation is . 13 MS . GOULD: You' re asking me what the ridge of my house is? i 14 BOARD MEMBER GOEHRINGER: If You' re addressing ridges, let' s talk ridges . We can' t 15 .,isualize, mean roof lines, that' s the issue . MS. GOULD: So far all I 've been able to 16 do is visualize because I don' t know what the height is to his accessory building' s ridge 17 line. I do remember when it went up I was a little alarmed at the height . I think I asked the 18 Building Department, this is 18 feet, now an accessory building is supposed to be 18 feet . z 19 believe ,rculre allowed higher than that to the ridge line . 20 BOARD MEMBER GOEHRINGER: Twentv-two. MS . GOULD: So the other thing that _,you 21 have to factor in is that the property takes a bit of a dip, and you' ll see that in his elevations . 22 Where Bruce' s accessory building is, I think it' s nl%,, 6 . 3, so whatever it is, he' s a little bit 23 lower than what we are up front, which I think the elevation is about 17 . But if you look at my 24 ridge line and Bob O' Brien and Ann O'Brien' s ridge line, they have a one and-a-half story house, 25 thev' re about 20 feet from me on the other side, his is a little bit lower than mine visually. March 31, 2005 t 22 1 2 Then my ridge line I think is going to be in the .area of 21, 22 feet . 3 BOARD MEMBER GOEHRINGER: To your base elevation of where vour house is at that time? 4 MS . GOULD: ' Yes . BOARD MEMBER GOEHRINGER: That' s a 5 .credence factor we can understand. This median situation I can' t understand. �. MS . GOULD: I don' t understand it either. BOARD MEMBER GOEHRINGER: Let me share one 7 thing with you. Number one, there is a CC, on the back building, notwithstanding whatever the 8 determination of the Building Department was at that time . We have an admission from the builder 9 that they are going to move into this Douse. We do not have a pyramid law at this time. We are 10 going to have a pyramid law in a very short time, I assume . I don' t know how much you can push the 11 envelope at this time based upon what you are requesting because we are here mainly for lot 12 Coverage and a small addition, which m1• understanding is for the purpose of a heating 13 system to be placed in the basement and so on and so forth, a mud room type of effect in the rear of 14 this new proposed house . I just don' t know flow far we can push it . I appreciate all of those 15 cases you have given us, many of which we have seen before, and I ' m not saying I am blanking 11;, these out . When we make a decision, as you know, we agonize a long time over some of these 17 decisions . But exactly as my colleague Mike said, speak to them, see what you can do and get back to 18 us and that' s where the issue is . And we will accept any further information, assuming the 19 Chairperson wants to leave the hearing open, from air,- other data and then we' ll go back for another 20 inspection. CHAIRWOMAN OLIVA: Jenny, how about we 21 leave the application open and you and Mr. B-rtani get together with your new survey and collie up with 22 something that would be more equitable to both of •,you and come back in a month: 23 MS. GOULD: That's fine with me . I just ,aant to address your statements about me pushing 24 the envelope. BOARD MEMBER GOEHRINGER: You have the 25 perfect right as a property owner, and please, that may have not been the best choice of words . March 31, 2005 (D3 23 1 , 2 Based upon the fact that we do not have a pyramid law, and it has not been addressed in the notice 3 of disapproval, that' s all I ' m mentioning. There' s nothing against you or yourself as a 4 property owner. MS . GOULD: I understand. But when you 5 consider a variance you don' t just look at the structure, you have to look at the whole property 6 and ,•ou have to look at the neighbors, that' s what I' m asking. That' s not what Vou have in the file, 7 :you got a front and the back of a house . I don' t have an objection to 105 feet back, we' re talking 8 about increasing a nonconforming house not just by 100 percent by adding a second story, we' re 9 talking about taking a house that' s only 12 feet high and going up another 18 feet, no matter how 10 you cut it that is substantial . BOARD MEMBER SIMON: I have a comment for 11 the record. First of all regarding the pushing of the envelope, my understanding that is that first 12 of all unlike appealing a case to a higher court which vou' re prohibited to raise issues that 13 weren' t brought up earlier, we are not limited to things that were specifically cited in the notice 14 Df disapproval when we review these cases, but with regard to the so-called pushing of the 15 envelope, since we do have some discretion in granting a variance if a variance was required, we 16 can certainly pay attention to the kinds of considerations that are going into the possibility 17 of adopting a pyramid law. We' re not invoking the p_;•ramid law as law, but simply the kind of to reasoning which is in our scope of discretion, I believe . So I don' t think it' s irrelevant for you 19 to mention this as long as you' re not citing it as having legal precedential light . 24 BOARD MEMBER GOEHRINGER: I agree with ,,cai, Michael . 21 MS . GOULD: And also as to his use of the accessory building, it never came from me in a 22 piece of paper that I put in or in this hearing except as a rebuttal how he was using it , because 23 frankli, that is not the issue; that' s an issue for another day, another place . The issue is what 24 type of buildings are on this property, and there is an accessory building on this property that 25 looks like and is bigger than a lot of the Houses in the neighborhood, and you' re being asked to March 31, 2005 �� 24 1 _ v 2 grant a variance for another structure on this property that will be twice as big as an accessory 3 building that' s already there because this is 1, 486 and I believe the house will come out to a 4 little under -- between 22 and 24, but you're not counting this distance to the peak, maybe the 5 footprint' s only going to be 22 or 23 , but the peak, the physicalness of this house going up 30 6 feet is a lot. That' s really the issue, how it looks in the neighborhood, how it affects the 7 neighbors, not the use . BOARD MEMBER GOEHRITTGEP.: There' s no 8 question about it. I just want you to know that we appreciate the pictures that you gave us, and :+ I 'm not speaking for my colleagues but I' ve been there twice and I certainly know the area and I 10 certainly appreciate the area and I certainly accept all the comments that you have made, but 11 vou need to try and work it out at this point . CHAIRWOMAN OLIVA: Mr. Bertani, are you at 12 the moment willing to negotiate a little bit with Ms. Gould? 13 MR. BERTANI : I' ll speak to Mr. Bollman, I'm sure he' s willing to speak with Mrs . 1.3ould 14 about this . CHAIRWOMAN OLIVA: Suppose we keep this 15 hearing open and schedule it to the May 4th hearing? 1 MS. GOULD: I think there are other people that would like to make a comment on this . I 'm 17 going to ask Glennis to come back in. ASST. TOWN ATTY. CORCORAN: Just on l8 clarity' s sake, I would like to expound on something Mr. Goehringer raised and Mr. Simon, 15 while there is a law that' s been set fc:r public haring, which we have been referring to as the 20 p_;ramid law, there hasn' t been a hearing on it i—L . It is not a law. It may or maynot be a law 21 as currently drafted or some other form. So this Board will not be applying that law. However, in 22 .applying the balancing factors in ruling for an application on a variance some of the same 23 considerations are necessary, including obviously the effect on the neighborhood and the c-:•erall 24 change in the property. MR. O'BRIEN: My name is Bob O' Brien. I 25 live next to Jenn., and two douses west of Bruce . My main objection is the height . My house is a March 31, 2005 r J 25 1 2 little lower than Jenny' s and I had been thinking .:,f adding additions to the house, and I had 3 considered going up 35 foot limitations and sc% forth, and I felt it was just not in keeping with 4 the neighborhood. So I'm never going to appl,•,• fc•r that . So the height is the main issue I think tc• me. I think the Board also has to consider n that this house is right on the coastal erosion zone, the foundation basically, and I don' t know 7 if there' s going to be other variances needed besides your Board because the house is 8 substantially, the only thing that' s going to be kept is the foundation at this point . So all bets may be off as far as heights and so forth, you' re probably more informed on that than I am. 10 CHAIRWOMAN OLIVA: He just makes it inside the coastal erosion. 11 MR. O'BRIEN: But the code states if the house is substantiall•: deteriorated or a fire 12 occurs, that it' s supposed to be set back so far from the bluff . 13 CHAIRWOMAN OLIVA: That' s from the bay. MR. O' BRIEN: Unless there' s a reasonable a 14 alternative . BOARD SECY. KOWALSKI : That' s onlNr from 15 the sound front . BOARD MEMBER ORLANDO: There' s a setback 16 from the bulkhead on the bay, 75 feet from the bulkhead. 17 MR. O' BRIEN: From the coastal erosion zone too. 18 CHAIRWOMAN OLIVA: The coastal erosion zone is basically just on the sound side not -gin lu the bay. MR. O' BRIEN: Why is it shown on the map? 20 CHAIRWOMAN OLIVA: It' s shown what his zone is, which is Ele,.-ation 9 . So he has to be 21 nine feet up, which he makes . He just would have to have maybe a variance again from the bulkhead 22 itself. ASST. TOWN ATTY. CORCORA.N: If there is an 23 issue with the coastal erosion line, that is something that the Building Department has to pick 24 up, and if there is an issue that will be sent to the Trustees for a determination. This Board 25 doesn' t have jurisdiction over the coastal erosion law. March 31, 2005 26 1 2 MR. O'BRIEN: My main concern was that you sav -ou really don' t have jurisdiction on the 3 height limitation, I think that' s the gist of what _.•ou have been saying. 4 BOARD MEMBER GOEHRINGER: The gist is exactly what you said when you started your 5 conversation, Mr. O'Brien, and that is regardless to the application, that generic:all,, in my h opinion, the code reads 35 feet . In my discussion with Miss Gould really that' s 42, feet because 7 we' re talking mean height, that' s the reason why an issue of disapproval was not a nature of this 8 particular application. And, of course, one of the reasons why I think the Town Board is coming 9 before us with this new law that Counsel is just talking about, and I do concur with what exactl�, 10 [Miss Gould -- she may have not have understood when I referred to the situation of pushing the 11 envelope, which might have been a poor choice of words -- that everything we do is taken into 12 consideration on these pre--existing nonconforming lots, everything, and we've done that I've been 13 here 25 gears and I have to tell you that front lard garages, everything is taken into } 14 consideration. And we understand the factors that ,,-ou' re concerned with. We understand everything 15 that goes on today regarding those factors, I'm speaking for the Board, I'm speaking for myself, 16 so let me rephrase that and say I understand. The question is, in order to get the needed square 17 rootage that some people need in reference to construction sometimes it becomes the law of 18 diminishing returns and not do anything with the structure if you' re not going to get a house 19 that' s habitable to live in. The issue that I referred to also, and I don' t mean to be redundant 20 .t,n this issue, that vou've got to live somewhere if the place isn' t habitable and by admission they 21 said they' re living there it doesn' t have kitchen facility, and so on and so forth. That ' s the 22 issue . We weren' t here . We were not part of that CC, that has been issued on that back garage . And 23 we understand that based upon the admission from the attorney we understand that things are going 24 to change once the house is constructed. But I'm saying that we need to discuss ridge line, then we 25 need to discuss median roof liner- if we' re going to discuss those issues . March 31, 2005 l 27 _s 1 - 2 MR. O' BRIEN: That' s my main thing too. CHAIRWOMAN OLIVA: As Mr. Corcoran said, we don' t have a pyramid law in place, but according r_o the balancing test we can take some of those 4 issues that are in the pyramid law into account in our decision. 5 MR. O'BRIEN: Because the house has to be in keeping with the neighborhood. 6 CHAIRWOMAN OLIVA: Mr. Bertani? MR. BERTANI : I would just like to add 7 that we have a nonjurisdiction from the DEC and we have a Trustees Permit and a Health Department 8 Permit also, so we have had all those agencies there already, and they have no problems with it . 9 CHAIRWOMAN OLIVA: Could you give us copies of that for our file? 10 MR. BER.TANI : Yes, we can. BOARD MEMBER ORLANDO: I have another 11 question you may want to speak to the Building Department about that just to save you another 12 trip back here . MR. BERTANI : The bulkhead, it' s way down 13 at the foot of the high water mark. There' s numerous tiers, so I' ll check and see . 14 BOARD MEMBER ORLANDO: So just to save you a trip back, you can get it amended. Also I 15 didn' t look when I was there, rut I'm sure that foundation' s a block foundation. lc, MR. BERTANI : Yes, it is . BOARD MEMBER ORLANDO: Any thought about 17 removing that and since you' re demo-ing it, just come into conformity on the side yards? 18 MR. BERTANI : The only problem is the expense, it' s expensive to -- 19 BOARD MEMBER ORLANDO: Is the foundation structural? 20 MR. BERTANI : Yes, it is . We were going to do very little work to it, just to have the 21 basement there for the heating system on the north side, that would be the only work we' re going to 22 do on the actual existing foundation. CHAIRWOMAN OLIVA: No further comments, 23 then I ' ll make a motion to keep this hearing open until the May 4th hearing pending the two people, 24 Ms . Gould and Mr. Bertani, getting together for an amicable solution. 25 (See minutes for resolution. ) - - - -------------- -- - -------- - -- ---------- -- ---- - - March 31, 2005 I r�. 1 I 2 C E R T I F I C A T I O N 4 I, Florence V. Wiles, Notary Public for the 5 State of New York, do hereby certify: i 6 THAT the within transcript is a true record of 7 the testimony given. 8 I further certify that I am not related by 9 Mood or marriage, to any of the parties to this I 10 action; and 11 THAT I am in no way interested in the outcome i 12 Df this matter, j 13 IN WITNESS WHEREOF, I have hereunto set my 14 hand this 31st day of March, 2005. j 15 I 16 17 j 18 20 21 Florence V. Wiles 2` G_ 24 25 I March 31, 2005 I I i I APPEALS BOARD MEMBERS SO Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando CA Office Location: James Dinizio,Jr. • �O� Town Annex/First Floor,North Fork Bank Michael A. Simon l,Y�,oU 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD I Tel. (631)765-1809•Fax(631) 765-9064 REPLY MEMO TO: Building Department Attn: Pat Conklin, Permit Examiner FROM: Ruth D. Oliva, ZBA Chairwoman DATE: November 14, 2005 SUBJECT: Referral by Building Department(Bolhman Site) Reviews under ZBA Condition#8 (Appeal No. 5680) In reply to your referral of November 10, 2005, this will confirm that the building setbacks and related information on the survey revised November 9, 2005 will be in accordance with the setbacks noted in the conditions rendered in the October 27, 2005 variance determination. Prior to issuance of a Certificate of Occupancy, please inspect and confirm, in writing, removal of the kitchen area and cooking facilities have been removed from the accessory building (Condition No. 9), and compliance with the conditions under Zoning Appeal No. 5680. Thank you. 2� TOWN OF SOUTHOLD Nam SUFFOLK COUNTY, NEW ` O S.C. TAX No. 1 000-31 —1 3—C N>9 SCALE 1 "=20' APRIL 3, 2002 DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SURVEY JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & PRO MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA MAY 6, 2004 ADDED PROPOSED DRYWELLS DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTE FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDIT FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETE MARCH 7, 2005 ADDED LOT COVERAGE DATA AUGUST- 29, 2005 LOCATED FOUNDATION NAILS NOVEMBER 9, 2005 REVISED AS PER ZONING BOARD OF Al ° Q. V <(\ Cb o° AREA = 9,878 29 sq ft (TO TIE LINE) 0.228 cc. ,87 CERTIFIED TO W BRUCE BOLLMAN s0 101° � NOTES 0. 1 ELEVATIONS ARE REFERENCED TO N G.V.D i72y OA EXISTING ELEVATIONS ARE SHOWN THUS EXISTING CONTOUR LINES ARE SHOWN THUS FIRST FLOOR GARAGE FLOOR QpeS TOP OF BULKHEAD BOTTOM OF BULKHEAD TOP OF WALL 2. FLOOD ZONE INFORMATION FLOOD SURANCERATE TAKEN 0 MAP No 36 N 103CO064 G ' TEST HOLE �p ZONE AE BASE FLOOD ELEVATIONS DETERMINED SAX / ZONE VF COASTAL FLOOD WITH VELOCITY HAZARD (Wt• BASE FLOOD ELEVATIONS DETERMINED ZONE X AREAS DETERMINED TO BE OUTSIDE 500-YFF sc 3 SEPTIC TANK CAPACITY IS 1,200 GALLONS 'PLC C-a 1 TANK, 8' DIA BY 5' DEEP iP �f C) 4 LEACHING SYSTEM IS 400 sq ff SIDEWALL AREA 17.4 P V.? w.�' tIT�'1�_O 2 POOLS, 8' DIA X 8' DEEP °° 'fib J`� y _I-7 .o�L / �O any° �m c PROPOSED EXPANSION POOL \ CONIC PAD O O 3g� 9,(� �,MJ UNDER h\'S �. / { � PROPOSED LEACHING POOL °-° / D'� - \�tix ( ce\/PROPOSED SEPTIC TANK G\ p ea / \ °oo e \ 5 THE LOCATION OF WELLS AND CESSPOOLS SHOWN F OBSERVATIONS AND/OR DATA OBTAINED FROM OTHE P ( �O� 6 THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLI �Gi7+� � yi \ x 7 EXISTING BUILDING COVERAGE (INCLUDING GARAGE, E PROPOSED BUILDING COVERAGE (INCLUDING EXISTING I 1 a DX Nil C➢-�°s� N gE p.5 SHOWN ON J \�0 Q S 0510N HAZARD AN 1)f 49 Py 7 '� aq� ��� COASTA Na R 48 0640 A85 SHEET 28 ".a lb PHOtO °yo01, N c yV1tN 7 Q TEST HOLE DATA OF��4 9 FOR ROOF i �° �u LEO� Ill ' i9/ _°�P�-. —/_'� _ ---•�- --- - - - - - - -- - - - --- ---- -- -- ,--- (1 EST HO(E DUG BY Mc DON ALD GEDSCIENCE ON f OFFICE OF y ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(ii,)Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: \ X Q�L� it-C DATE: /�/ a'7� /2005 RE: &147L-" MESSAGE: (X) Correspondence or related'attached, regarding your inquiry "V 2 &L4 a-I & Thank you. Pages attached: . I I s wEU a'p you - �;z o I I of xA 17.6 G g. t✓ bl�� Q°� �`�° � � \ \ ,ti9 �'•.�• �"-per,, ram. �.. LED A5-1 ALL to.G O oG, r 6 CANC PAD 3914 � �'� 9i� �' •(`�` jGc UNDER ti�3 �� F� a � K O �\� y� GPIn asP° �'1� x LR�p �N6 17.4\�8 ERO y9 �' �0.3 y0� hrc� PHOTO f � o O w a6°V 1Ya a rjjU POcp� FOR�pF E b GUTTER \tk\ STEPS Ns 17 CO OO VV�`^. Kv Cl J� S ' OG' r. I , J 11 UH 1 L"1J H 1 LOT COVERAGE DATA EAST MARION DESCRIPTION AREA X LOT COVERA TOWN OF S O U T H O L D EXIST. GARAGE 614 sq. ft. 6.22% SUFFOLK COUNTY, NEW YORK !DECK & STEPS 257 sq. ft. 2.60X S.C. TAX No. 1000-31 —13-04 '-- 4PPON 22 sq. ft. 0.22% SCALE 1"=20' ---- - -- APRIL 3, 2002 :EXIST. HOUSE 1,017 sq. ft. 10.30% DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SURVEY DECK & STEPS 37 sq. ft. 0.37X JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & PROP ADD MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA LINE CONC. & WOOD MAY 6, 2004 ADDED PROPOSED ORYWELLS WALKS & STEPS 108 sq. ft. 1.09% DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTEM RUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDITIONAL OFFSETS WOOD DOCK 42 sq, ft. 0.439E FEBRU BACKS MARCH 7, 2005 ADDED LOT COVERAGE DATA TOTAL EXISTING 2;A97 sq. ff. 21.23X AREA = 9,87 . 9 sq. (TO TIE LINE) 0.228 cc. PROPOSED ADDITION 105 sq. ft. 1.06X CERTIFIED T0. TOTAL EXIST. & PROPOSED 2,202 sq. ft. 22.29% W. BRUCE BOLLMAN NOTES 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS; _o EXISTING CONTOUR LINES ARE SHOWN THUS, -- — 5 - F FI - FIRST FLOOR G FL - GARAGE FLOOR rB - TOP OF BULKHEAD B B - BOTTOM OF BULKHEAD W - TOP OF WALL 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No 36103CO064 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 500-YEAR FLOODPLAIN 3. SEPTIC TANK CAPACITY IS 1,200 GALLONS 1 TANK; 8' DIA. BY 5' DEEP 4. LEACHING SYSTEM IS 400 sq ft SIDEWALL AREA 2 POOLS, 8' DIA X 8' DEEP PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 6. THE EXISTING SEPTIC SYSTEM 15 TO BE PUMPED CLEAN AND REMOVED. 7. EXISTING BUILDING COVERAGE (INCLUDING GARAGE, HOUSE & DECKS) = 1,871 sq. ft. OR 18.9% OF TOTAL LOT AREA. PROPOSED BUILDING COVERAGE (INCLUDING EXISTING BUILDING COVERAGE Sc PROPOSED ADDITION) = 1,976 sq. ft. OR 20.0% OF TOTAL LOT AREA. TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON DECEMBER 15, 2004) o• PREPARED IN ACCORDANCE WITH THE MINIMUM eRowN Salt SAND STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS AND APPROVED AND ADOPTED 25 FOR SUCH USE 13Y THE NEW YORK STATE LAND TITLE ASSOCIATION - 4 d< PALE R.FINE TO MEDIUM SAND ei NY S Lic. No 49668 UNAUTHORIZED ALTERATION OR ADDITION THIS SURVEY IS A VIOLATION OF S Joseph /� ■ ��� o SECTION 7209 OF THE NEW PORK STATE EDUCATION LAW /,(�� COPIES THIS SURVEY MAP EA BEARING Land Survey r THE LANDD SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED,AND ON HIS BEHALF TO THE Ttle Surveys — Subdrvl ns — SI Plans — Constriction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND ` TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-209 FOX (631)7 7-1727 TUTION CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE RIGHTS OF WAY 322 ROANOKE AVENUE P.0 Box,1931 ANY, AND, EASEMENTS NOT SHOWN ARE NOT GUA RAS OF RECORD, IF NTEED. RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 i Albert J.Krupski,President ��F SUU� Town Hall y \ James King,Vice-President �� Ol0 53095 Route 25 Artie Foster P.O.Box 11' 9 1 Ken Poliwoda Southold,New York 11971-0959 RECO Q /In PkggyA.Dickerson p "� OCT 4 20 �!y U0 Telephone (631)765-6641892 l �� p October 3, 2005 ZONI O BOARD OF APPEALS BOARD OF TOWN TRUSTEES Mr. W. Bruce Bollman TOWN OF SOUTHOLD 208 Main Street Greenport, NY 11944 Re: W. Bruce Bollman 1165 Trumans Path,East Marion SCTM#31-13-04 Dear Mr. Bollman, The Board inspected the above referenced property as per request of the ZBA for compliance with the Trustee permit issued April 21, 2004. The Board found on site that the new foundation is 22 feet from the existing bulkhead, with the hole for the foundation at 19 feet from the bulkhead. The plans that were approved by the Trustees as per Permit# 5901, as depicted on the survey prepared by Joseph A. Ingegno last dated May 6, 2004, approve construction of a new two-story dwelling on the same footprint as the house that has been removed. In the field the Board found the construction to be seaward of the Coastal Erosion Hazard Line, and seaward of the demolished house's footprint, according to the survey. The applicant may be required to apply for a Coastal Erosion Permit and may be required to move the new construction landward by several feet. Please provide this office with a survey that shows the Coastal Erosion line and the location of the new foundation. Please contact our office with-any questions. Very Truly Yours, Albert J. Krupski ----- ---President,Board-ofTrustees --------------- - --- ---- --- --- ----- - -- -- -- --- -- - Cc: Mike Verity, Building Department Ruth D. Oliva, Chairwoman, Zoning Board of Appeals LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4; 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Wednesday, May 4, 2005, at the time noted below (or as soon thereafter as possible): 1:00 PM W. BRUCE and MARY ANN BOLLMAQe Request for Variances under Section 100-244, based on the Building Departmen3, 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. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 11, 2005. Ruth D. Oliva, Chairwoman Board of Appeals e �I APPEALS BOARD MEMBERS ��4� S yO Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �OQ Town Annex/First Floor,North Fork Bank Michael A. Simon Olif'C�UI91 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldto,,A,n.northfork.net BOARD OF APPEALS TOWN,OF SOUTHOLD Tel.-(631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 ZB Ref. 5680 -W. BRUCE and MARY ANN BOLLMAN Property Location: 1755 Trumans Path, East Marion , CTM 31-13-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines ,that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 9,878.29 sq. ft. parcel has 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line. The property contains a one-story, single-family dwelling and accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.4B and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 31, 2005 and May 4, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the, following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to retain the existing foundation, reconstructing the existing dwelling with two-stories, and enlarge the north side with small addition, as shown on the March 7, 2005 amended survey. The relief requested is related to setbacks of the new construction, proposed as follows: (a) 10 feet for the second-story from the westerly side property line, (b) 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—May 12,2005 ZB Ref.5680—W. Bruce and M:uom ran'-'\_ CTM ID: 31-13-4 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several other houses in the neighborhood have similar side yard setbacks and related to the side lines of the lots, which are long and narrow. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is narrow and has existing nonconforming setbacks. According to the Walz Interpretation (Appeal No. 5039), the new construction requires a variance before the applicants a building permit may be issued for structural improvements. 3. The variance granted herein is not substantial. The existing nonconforming side yards will remain the same. 4. The difficulty has not been self-created. The side yard setback has existed long before it became nonconforming by action to adopt the town legislation. 5. No evidence has been submitted to suggest the relief granted will have an adverse impact on the physical or environmental conditions in this residential neighborhood. The applicant's have furnished copies of wetland permits obtained 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property and at the same time, preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Orlando, and duly carried, to GRANT the variances, modified as confirmed in the applicant's April 11, 2005 letter to the ZBA, reducing the height to a maximum of 27 feet to the highest peak, and setting back the new second floor wall by three feet (for more side yard conformity), as shown on the March 7, 2005 amended surrey prepared by Joseph A. Ingegno, and hand-drawn elevation diagrams with ZBA date stamped April 11, 2005, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the area covered with canvas in the front yard (street side) of the house be entirely removed; 2. That the driveway materials consist of gravel or similar pervious material for drainage. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer was absent.) This Resqfutitln was dul dc�,te (� 4-0). Ruth D. Oliva, Chairwoman 50.Y/05 Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 3,2005 *Amended March-31,2005 TO: Linda Be0ani for W Bruce Bollman 1380 Oakwood Dr. Southold„NY 1197$ Please take notice that your application dated January 18, 2005 For a permit to demolish and reconstruct a single family dwelling, at Location of property. 1755 Trumans Path,E. Marion County Tax Map No. 1000 - Section 31 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction for this 9,878 square foot lot located in the R40 District,is not permitted oursuant to Article XXIV Section 100-.244. The nonconforming side yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet)minimum&25'(feet)combined. The Qroposed survpy indicates a minimum setback of 5 9' (feet) and combined seback of 18.5' feet . Furthermore the lot coverage as proposed is approximately 21%.The allowable coverage is 20%. *Furthermore per Article XXIII. Section 100-239.4B, the construction will be non- confoming since the second story will be located within 40' (feet) of the bulkhead. i GL�L � Authorized Signature I yy��T �L .64- �-" - n PPP �!*/� s �. , r �i �' K ter.-+ _ � a :#�"'�.��: � - _ � _.a. ^.i �. ="�j 'tiff' --_.� - -� _�fi`� _ .�`y�'�,. - ' _ _ �, a 3 1 V 1 'S- i3Ott ' m lK .qu NEWS IN , r } i .e- y- i Office Location: �OS C'pGy Mailing Address: -�� Town Annex/First Floor,North Fork Bank o 53095 Main Road 54375 Main Road(at Youngs Avenue) 11rL5 • P.O. Box 1179 Southold,NY 11971 A col �! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax.(631) 765-9064 REPLY MEMO To: Building Department Attn: Michael J. Verity,Principa g Inspector From: Ruth D. Oliva, Chairwoman,ZBM Date: August 23,2005 Re: Building Department Inquiry-Bollman Property CTM 31.-13-4 As requested, this will confirm that Pat Conklin, Building Plans Examiner, on August 4, 2005, telephoned me, via staff, stating that the builder for Mr. and Mrs. Bollman (John Bertani) was at the counter, stating that the existing foundation was crumbling when they attempted to dig near the foundation, and that Mr. Bertani asked Mrs. Conklin whether or not construction to repair or replace the crumbling foundation may be done. Based on the information given to me at this time, my reply opined authorization to replace for the purpose of the repairs needed. I understood the request to be an emergency, and I gave the opinion of approval as long as they replaced it "in kind, in place, in the same footprint only." On August 5"', the next day, I asked Pat Conklin to obtain written documentation from the builder confirming his request of the Town yesterday, and also a certification from the engineer confirming the conditions found. I understand the Building Department was in the process of receiving plans for this modification, and the builder and engineer furnished letters to the Building Department shortly after (with copies furnished to this Department). IT� AI Isn 0 TTf�?IX MIT,. R5, --irv)o p[V P., N' T 7' P , O WMV A k-, 7, 1,a e $UUMM) _ �`O (MA� 'LE A� M T t. 10/01-w TL _ orw*Odd:dtO,,T-q,'V 1`6, er 2/1 ntial flet4 East Ea=rion —e -7 'i Resii j, 9-1�5jk' A, U Meet Jr nal Approval w Conditio ,,,",,,,AOpen 2/3/05 3/31/05 31/ 5 XAI�I,Z: bulkhead setback and lot coverage for house raj} iV, substantially rebuilt/replacement of existing, 100- 5/4/05 4• V 9/0 244 and 100-239AB 5/12/05 approval. See Board's Ing, a 9/2 wp- 'yy. V EH-ds-o-wf.-Qo-UId-AP-D-e-a Lmnwruniq- M"A'3 10,54 at64 ----------- A licant chose to rely 21% lot cal Cs y on coverage ca cs; 'A 5 8/9/05 upd: see engineer Itr ref crumbling jV ? 4� foundation &emerg. reconstruction. (5/4/05 PH Date., s-e—d-hvg._. Q-Qujd)-.-477--O-Q23 o k ��'of so�ryo f ,moo �o Town Hall,53095 Main Road Fax(631)765-9502 P.O.Box 1179 G Q Telephone(631)765-1802 Southold,New York 11971-0959 �o RECEIVED AU G 3 0 2005 BUILDING DEPARTMENT TOWN OF SOUT OLD ZONING BOARD OF APPEALS August 29, 2005 Certification of Chief Building Inspector to Zoning Board of Appeals RE: Premises at 1755 Truman's Path, East Marion, N.Y. 11939 SCTM# 1000-31-13-4 With reference to the above property, I am in receipt of the appeal of Jennifer B.,Gould, Esq., appealing the issuance of Building Permit#31232-Z, issued on June 28, 2005, on the grounds that the issuance of the permit is in violation of the Zoning Board of Appeal's decision in appeal #5680, issued May 12, 2005. 1 hereby certify to the ZBA that a stay of proceedings halting work on this project in its current state would, in my opinion, potentially cause imminent peril to life and/or property, for the following reasons: 1. A recent site inspection revealed an excavated site, as per permit# 31232-Z, which itself is environmentally unstable and when exposed to normal weathering conditions, could result in property damage to the adjoining properties. 2. The excavated area, because of its close proximity to adjoining properties, poses an imminent threat to public safety in its current state. For the aforementioned reasons, the automatic stay pursuant to Town Law 267-a(6) shall not continue in effect, on the condition that the applicant either: A. Fill and secure the work site, at the applicant's expense; or B. Continue with the project pursuant to the Building Permit, but only to the extent of the foundation, with the understanding that any work is subject to the instant appeal and approval for such work maybe overturned. As such, applicant assumes the risk, financially or otherwise, proceeding with completion of the foundation. — �� ^ 2cl' J Michael J. Verity Chief Building Inspector KIERAN M.CORCORAN Notary Public,State of New York No 02CO6119838 Oualified in Suffolk Counttyy Commission Expires December 6,20QX : •;; • APPEALS BOARD MEMBERS ��` �OF �o�ryo Southold Town Hall Ruth D. Oliva, Cha" omiui `- "- � ' ' �4 1p 53095 Main Road•P.O. Box 1179 Gerard P. Gooliel er i Southold,NY 11971-0959 Vincent Or �ri 252005 Office Location: James Dini io,J __ • yOQ Town Annex/First Floor,North Fork Bank Michael A. n imo o 67(;. DEF?. 54375 Main Road(at Youngs Avenue) r !vr� F STO90!D CO(� ,� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 'i ^�~ `'i " r Tel. (631)765-1809•Fax(631)765-9064 L � 62005j� ; FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 58e�5680-W. BRUCE and MARY ANN BOLLMAN Property Location: 1755 Trumans Path, East Marion CTM 31-13-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 9,878.29 sq. ft. parcel has 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line. The property contains a one-story, single-family dwelling and accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.4E and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will 'be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 31, 2005 and May 4, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to retain the existing foundation, reconstructing the existing dwelling with two-stories, and enlarge the north side with small addition, as shown on the March 7, 2005 amended survey. The relief requested is related to setbacks of the new construction, proposed as follows: (a) 10 feet for the second-story from the westerly side property line, (b) 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. REASONS FOR BOARD ACTION: On the'basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—May 12,2005 ZB Ref.5680—W. Bruce and M. Bollman CTM ID: 31-13-4 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several other houses in the neighborhood have similar side yard setbacks and related to the side lines of the lots, which are long and narrow. 2. The benefit sought by the applicant,cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is narrow and has existing nonconforming setbacks. According to the Walz Interpretation (Appeal No. 5039), the new construction requires a variance before the applicants a building permit may be issued for structural improvements. 3. The variance granted herein is not substantial. The existing nonconforming side yards will remain the same. 4. The difficulty has not been self-created. The side yard,setback has existed long before it became nonconforming by action to adopt the town legislation. 5. No evidence has been submitted to suggest the relief granted will have an adverse impact on the physical or environmental conditions in this residential neighborhood. ' The applicant's- have furnished copies of wetland permits obtained 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property and at the same`time, preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was. offered by Member Dinizio, seconded by Member Orlando, and duly carried, to GRANT the variances, modified as confirmed in the applicant's.April 11, 2005 letter to the , ZBA, reducing the height to a maximum of 27 feet to the highest peak, and setting back the new second floor wall by three feet (for more side yard conformity), as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, and hand-drawn elevation diagrams with ZBA date stamped April 11, 2005, SUBJECT TO -THE' FOLLOWING CONDITIONS: 1. •That the area covered with canvas in the front yard (street side) of the house be entirely removed; 2. That the driveway materials consist of gravel or similar,pervious material for drainage. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and, other features,as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon.• ,(Member Goehringer was absent.) ,This Res i n was dul d IQ(4�0). Ruth D. Oliva, Chairwoman 50.Y/05 Approved for Filing I 5 APPEALS BOARD MEMBERS ��OF S�UTyO Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringert Southold,NY 11971-0959 Vincent Orlando 00 Office Location: James Dinizio,Jr. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon �I,YCOU 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 REPLY MEMO TO: Building Department Attn: Pat Conklin,Permit Examiner FROM: Ruth D. Oliva, ZBA Chairwoman DATE: November 14, 2005 SUBJECT: Referral by Building Department (Bollman Site) Reviews under ZBA Condition 98 (Appeal No. 5680) In reply to your referral of November 10, 2005, this will confirm that the building setbacks and related information on the survey revised November 9, 2005 will be in accordance with the setbacks noted in the conditions rendered in the October 27, 2005 variance determination. Prior to issuance of a Certificate of Occupancy, please inspect and confirm, in writing, removal of the kitchen area and cooking facilities have been removed from the accessory building(Condition No. 9), and compliance with the conditions under Zoning Appeal No. 5680. Thank you. TOWN OF SOUTHOLD 9a SUFFOLK COUNTY, NEW YO p�z S.C. TAX No. 1 000-31 —1 3—C may SCALE 1 "=20' APRIL 3, 2002 DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SURVEY JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & PRO MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA MAY 6, 2004 ADDED PROPOSED DRYWELLS DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTE FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDIT FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETE MARCH 7 2005 ADDED LOT COVERAGE DATA AUGUST 29, 2005 LOCATED FOUNDATION NAILS NOVEMBER 9, 2005 REVISFD AS PER ZONING BOARD OF Al �� AREA = 9,878 29 sq. fi h° (TO TIE LINE) 0 228 ac. os' Q �� , l CER TIFIED TO. �Gy W. BRUCE BOLLMAN NOTES y1PR p24� a mA S>, 1 ELEVATIONS ARE REFERENCED TO N G.V.D 1929 DA EXISTING ELEVATIONS ARE SHOWN THUS EXISTING CONTOUR LINES ARE SHOWN THUS FIRST FLOOR a QpA Q - GARAGE FLOOR IL15 I TOP OF BULKHEAD �C\ BOTTOM OF BULKHEAD C� TOP O� WALL 2. Ln o a Os�d \ + �G.1` q� •p FLOOD ZONE INFORMATION TAKEN FROM - s �PO FLOOD INSURANCE RATE MAP No 3610300064 G 7ESa ZONE AE BASE FLOOD ELEVATIONS DETERMINED ASS x / ZONE VF COASTAL FLOOD WITH VELOCITY HAZARD (WF n BASE FLOOD ELEVATIONS DETERMINED ZONE )l AREAS DETERMINED TO BE OUTSIDE 500-YE/ 3 SEPTIC TANK CAPACITY IS 1,200 GALLONS 1 TANK, 8' DIA BY 5' DEEP G01 G.�o 4 LEACHING SYSTEM IS 400 sq ff SIDEWALL AREA �„L p 2 POOLS, 8' DIA X 8' DEEP IS i q�L PROPOSED EXPANSION POOL CONC PAD 5 UNDER101 O O PROPOSED LEACHING POOL 6� \,•Poo J� 0- b a 0 \2 x Id„s 1 c�PROPOSED SEPTIC TANK s cps It, / �$° s , 5 THE LOCATION OF WELLS AND CESSPOOLS SHOWN E m 1 �y cl O OBSERVATIONS AND/OR DATA OBTAINED FROM OTHE 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLI y Gs ESQ / \ x Yi 7 EXISTING BUILDING COVERAGE (INCLUDING GARAGE, f 136 F� O\� y� Cl \,B X' '1 PROPOSED BUILDING COVERAGE (INCLUDING EXISTING YA �� \eO° y� s EROSION HAZARD AR A OF 49 �F 5�9 �p COAS AL E 051 640A83 SHEET 28 q COA p. 48- �� �~,a N� icy PHOTO N 50�' 74 • C� y11'fH \� a � i IA x 6'per F�O (T(P) \\ Cfy '" ,�" TEST HOLE DATA ImOSED��g FOR RO !? paP°�- _ (TEST HOI E DUG BY McDONALD GEOSCIENCE ON C �U'ftER� li I .,.13� New York State Del'.,-_;�'tment of Environmental Co._._.'ervation Division of Environmental Permits, Region One AM Building 40-SUNY,Stony Brook, New York 11790-2356 oboe Phone: (631)444-0365 • FAX: (631)444-0360 Website:www.dec.state.ny.us Erin M.Crotty Commissioner LETTER OF NO JURISDICTION -TIDAL WETLANDS ACT W. Bruce Bollman April 22, 2004 208 Main Street Greenport, NY 11944 Re: Application #1-4738-03338/00001 Bollman Property, 1755 Truman's Path, East Marion, NY SCTM # 1000-31-13-4 Dear Mr. Bollman: Based on the information you have submitted, the Department of Environmental Conservation (DEC) has determined that the property landward of the 17' elevation contour, as shown on the survey prepared by Joseph A. Ingegno dated April 3, 2002, is beyond Article 25 (Tidal Wetlands Act)jurisdiction. 3 Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661) no permit is required. Be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above,without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project(i.e. a 15'to 20'wide construction area)or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Ro r Evans Deputy Permit Administrator cc: John Bertani Builder Inc. MHP file (kaf) OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski&,,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 'o%q (-i. /n) / TRANSMITTAL SHEET �L(/✓�/.�2i_ c.t�jiy4/,}—J/!`O f �� "'3D a�i�l��..a.0 I�/I;'/ /1 TO: �'-- DATE: /6/ o..05 ICE: MESSAGE: (X) Correspondence or related attached, rega`rdirtq-yaaHnqu-iry-todaG p Thank you. Pages attached. . Albert J. Krupski,President �QF S®(/jy Town Hall James King,Vice-President �OA ®l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A.Dickerson • �� Telephone(631)765-1892 �lyC®U Fax(631)765-6641 October 19, 2005 BOARD OF TOWN TRUSTEES RE '�I ® MEMO TOWN OF SOUTHOLD OCT ,� 9 Z005 To: Southold Zoning Board of Appeals Z08�➢MIC SLOAFIP OF APPEALS From: Board of Trustees Re: W. Bruce Bollman 1165 Trumans Path,East Marion SCTM#31-13-04 The Board of Trustees has received a new survey for the above referenced property that shows the Coastal Erosion Hazard line and the location of the new foundation landward of this line. The new survey is revised August 29, 2005 and locates the foundation nails landward of the Coastal Erosion Hazard line. Please contact our office with any questions. Very Truly Yours, Albert J. s Kru l�i ' p President, Board of Trustees Cc: Mike Verity, Building Department Linda Bertani - i Joseph A. Ingegno Lana Surveyor or OFR ES LOCATED AT Tel: (631) 727-2090 322 Roanoke Avenue Fax: (631) 727-1727 P.O. Box 1931 River ad, N.Y. 11901 Riverhead, N,Y. 1 1 901-0965 Ermall,Jalsurveyors@aol.com ��CEAV ED October 19,2005 ®CT 1 9 2005 OF APPEAL, Town of Southold Board of Trustees P.O. Box 1179 Southold,New'York 11971 Att: Heather Re: W. Bruce Bollman 1165 Trumans Path Bast Marion S.C.tax no. 1000-3 1-13-04 Dear Heather: The survey map in your possession dated,august 29,2005 is the latest surve of the above mentioned property. On October 7,2005 we superimposed the footing location survey onto the survey that showed the previous existing house. Due to the fact that we did not make any changes to the map, the date does not change. 1f 1 can be of any other assistance in this matter,please do not hesitate to coni act me at 4truly mber. L.S. djc --- -- - I Y q 6� \Ac°PC,-<O, S 19, F�iFop n it (vro 70. O j _ ° b�Fn y e $ -gyp d \\` 31� 0 y •� �b\ o L x�yM 3�000tA ( o �1 0� ,mo x �401 ��OM Z o .• IM d F s °F °�r 0 S I J 1 1 Ufi 1 lJ Al LOT COVERAGE DATA EAST MARION DESCRIPTION AREA X LOT COVERAGE TOWN OF S O U T H O L D EXIST. GARAGE 614 sq, ff. 6.22% SUFFOLK COUNTY, NEW YORK I DECK & STEPS 257 sq. ff. 2.60% S.C. TAX No. 1000-31 — 13-04 -�- - 22 sq. ft. 0.22% SCALE 1 "=20' APRIL 3, 2002 ; EXIST. HOUSE 1,017 sq. ff. 10.30% DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SURVEY DECK & STEPS 37 sq. ft. 0.37% JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & PROP. ADD. MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA LINE CONC. & WOOD 108 sq. ft. 1.09% MAY 6, 2004 ADDED PROPOSED DRYWELLS WALKS & STEPS DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTEM FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDITIONAL OFFSETS WOOD DOCK 42 sq. ft. 0.43% FEBRU BACKS MARCH 7, 2005 ADDED LOT COVERAGE DATA TOTAL EXISTING 2,097 sq. ft. 21.23% AREA = 9,878.29 sq. (TO TIE LINE) 0.228 ac. PROPOSED ADDITION 105 sq. ft. 1.06% CERTIFIED T0: TOTAL EXIST. & PROPOSED, 2,202 sq. ft. 22.29% W. BRUCE BOLLMAN NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: a EXISTING CONTOUR LINES ARE SHOWN THUS: '— 5 --` F FL - FIRST FLOOR G FL - GARAGE FLOOR TB - TOP OF BULKHEAD 6 B - BOTTOM OF BULKHEAD T W - TOP OF WALL 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO064 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 500-YEAR FLOODPLAIN 3. SEPTIC TANK CAPACITY IS 1,200 GALLONS. 1 TANK; 8' DIA. BY 5' DEEP 4. LEACHING SYSTEM IS 400 sq ft SIDEWALL AREA. 2 POOLS; 8' DIA. X 8' DEEP PROPOSED EXPANSION POOL PROPOSED LEACHING POOL 000 PROPOSED SEPTIC-TANK 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND REMOVED. 7. EXISTING BUILDING COVERAGE (INCLUDING GARAGE, HOUSE & DECKS) = 1,871 sq. ft. OR 18.9% OF TOTAL LOT AREA. PROPOSED BUILDING COVERAGE (INCLUDING EXISTING BUILDING COVERAGE & PROPOSED ADDITION) = 1,976 sq. ff. OR 20.0% OF TOTAL LOT AREA. TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON DECEMBER 15, 2004) ° PREPARED IN ACCORDANCE WITH THE MINIMUM BROWN SILTY SAND STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED 2.5' FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. 8 a i Q PALE BROWN FINE ��Z�^ TO MEDIUM SAND -: "✓`s �m '��� '-.✓ ' tit'��`1 +�S s"-s�s1 r E'-EsF n � 17' `�„ �' ! ;�%; N.Y.S. Uc. No. 49668 UNAUTHORIZED ALTERATION OR ADDITION S THIS SURVEY IS A VIOLATION OF �� A ■ �����M� SECTION 7209 OF THE NEW YORK STATE /L_�i $ 1® EDUCATION LAW %J 0 e Surveyor y COPIES OF THIS SURVEY MAP NOT BEARING L n d Sur v e` y�®r THE LAND SURVEYOR'S INKED SEAL OR ® � j/ EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.0 Box 1931 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED_ RIVERHEAD, New York 11901 Riverhead, New York 1 1 901-0965 ?P.-1 179 ZONING BOARD OF APPEALS : SOU-(HOLD TOWN SUFFOLK COUNTY : NEW YORK R'� --------------------------------------------------------------------------X 200 SEP 2 5 In the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN NO ' " rI A- 4 E For Variances under Section 100-244,based on ZBA APPEAL #5680 the Building Department's February 3, 2005 Notice of Disapproval, concerning the application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling. Location of Property: 1765 Truman's Path, East Marion, NY 11939, CTM #31-13-4. ------------------------------------------------------------------------ -X SIRS: PLEASE TAKE NOTICE that Applicants, W. BRUCE and MARY ANN BOLLMAN, hereby appear in the above-entitled action and that the undersigned has been retained as Attorney for said Applicants,W.BRUCE and MARYANN BOLLMAN,and demands that all papers in this action be served upon the undersigned at the office and post office address stated below. Dated: Riverhead, New York September 20, 2005 Yours, eje; ,-/KARVtfY A. �fHarvey OFF, ESQ. Law Office A. Arnoff Attorney for Applicants 206 Roanoke Avenue Riverhead, New York 11901 (631) 727-3904 -r ZONING BOARD OF APPCALS : SOUTHOLD TOWN SUFFOLK COUNTY : NEW YORK In the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN For Variances under Section 100-244,based on ZBA APPEAL #5680 the Building Department's February 3, 2006 Notice of Disapproval, concerning the application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling. Location of Property: 1755 Truman's Path, East Marion, NY 11939, CTM #31-13-4. NOTICE OF APPEARANCE Law Offices of HARVEY A. ARNOFF Attorneys for Defendant Office and Post Office Address 206 Roanoke Avenue Riverhead, New York 11901-2794 631-727-3904 To: Signature pursuant to Rule 130-1.1-a Harvey A. Arnoff, Esq. SERVICE OF A COPY OF THE WITHIN IS HEREBY ADMITTED. Dated. Attorney for PLEASE TAKE NOTICE Notice of Entry That the within is a true copy of an duly entered in the Office of the Clerk of the within named court on 2005. _Notice of Settlement: That an order of which the within is a true copy will be presented for settlement to one of the judges of the within named court, at the Supreme Court, , NY, on 2005 at a.m. Dated: Yours, etc. Law Offices of Harvey A. 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YiKNARPS7b:1•.,)%q,, :lnecTF,`did ,n` u . v - x > , y 0�' ues't, �, t,..,,..,, andL, o f th b w= n Clia ter cernwg. `opgse&� l di` :, fo"r• sr:Variaride u'iind n e`` Y s at.,r191'S ` 00"'Gby'"y� :1 ti .c:K _ s. , •-r wro •t -,k - �5. �Sr.�v�P�Cit1Q '.VanSt'O - ` ( nin Coder`o Io. ri :tions?and alterati' ns:of 1- `-,7 0: �r S n goad;Cutsh zGT '. ess t�i' 0_33 'B' b'u M„ -s'S _ s.:d ,fi 'c", u t +e�i -4•r.t,§a'e�rr;.,.i�r.z..• iIl�`z.' 3 fbd'SE .'�fOri?{ C.ys ' 'lt'1. .'}. z a -.1 4et,o ¢tbr ui'iiirig' 4 4-3.°,a. 9f1;`o�ithgl` vthe followui :4 b �Q fe n,r#«singl �sxcieard`{ 7n's` �.,1 4.. r •,;, % �•._ gg, F t '�. . d P`@ - >s_M.'ay,;,l'3, OQS Nofioe. ,A hcearm %ill'..belielil b ,4tli �,-"ss„than 2feet?rfor' com _of , - � .:. ; : 1.20: in '�,:, B:UTZ g ' s bin Disapp o ..an='a° P.r MAI' e ea, r©val f` ,#5 f �ry sl srd ar` r- iG,A 6.µ «' ccessory .5. , ues ,°�" }S�1xJOLD_�`TpV ,g0, e d total;a d Iot,covers `iCa d , a t='fob a•Evariance a.Pr`.. '+z�°'',.-.�,' a' a���t a ge � 1,pTOposedil 'a:.+fl'UTjt,, S� }- -,,. QF Ap?EA -thes�`owu�: �??��e�cess oft "4c ens 20?'01' i isteacl, f:th' x :i derz.SectLons100-33-based'. �, j ,, ,_ iiri o e code-re uiredvre � on,' 530951'«,Maui��R'oad :C?; B `�%4071l,on'?,thi 4, 58 s ��!` ' aril-':saf 3n q ar` "0?e`$i li�in nsp�otslisJu1•".29 slidx 2005yN t a ' t lot: Y. 3]2 �:s o' d ;ew .s tS `lit 'o-1d, ;r, �� F- q �., F, ()'--`"S, 117,9 _4. :New aoltk e nencoiistructi`n=, ri' '• ' a ice'oDs 6 >c a h. n F o`. 1 e' ri-' Avenue per . „ _ 0 o'iuc••.' T1V1'�8`r.4;,Q'.'.;� �._ Y9'7'1' 95 ''s s $ tUte,W;a[ ew4c s w•, ,t 9FI IO ose -aece " -0 9, on:THT3RSUA'r „" ;• onco 0 1:0:25 `ryA1�7D 1?,. d` ss r r>,... � of}Tnl ce is;riii,<.k,`,r a -,-, yr,,,,:., .,yz , y,�� OGaTOBER�20`i20'O5 and crease tlie`�` "`' � ^ ; ; REtW. and,' •s�v?minta' ,(ap f, vol at'.1 s at:thee « �P< clegree'of-eiCist- ANN`:. ;MONAC _. )'1?7 0 . . he,acod e totedArbelovir°(or,:as soon t&Je-: ng�,,iioricorifoiiriaiee.; To'cai'` Request '`-,V 9' er quixed;.40;feet:;from' }; ,> t a t 011: q t 4f,`M: a lance' dE"r' 't •'. > after.as .a.{>iiri€. ,r •` ', U43S�Pe , c Ba" } fp �n . .yam 1 he,, ront'lot;lic 2Q2. pQssilileJ. x._ . con Bo .'S.e, bn 1Q 9:4 :v , at; ^- yatt- ;c ,d ulevard;- cti Or23. ,,,ba ,. vd p A nse ;';on `'R d',brSou w, 9Oa. a.m: ..JO 1Vlutttubl '-G1' ,144 JuL; =P J '' 1'M Qjl-2 a a d 1VI.. - the ...;, tl°liiC r - Y1°1f::,:'`2;0.05' ,Biiildi !AN PO-1NETI' ;iRGBVRTSE LO a n��: t Ili { ,1;:' 49 rt:ig: 30 '�p.m:: ,1'7r•�'E - - t�G. •_-HAItD`$KT wi sPeetor s.. w•Nat ce �kt`'a 7F `A..r.,_ k_�.,. #S•776'; � ,,#5780., '`. try`: of: :#5;. ,, e uest fQ a'V Request fo%it£Uanatll e; t,Jr egiiest Rell"ef is pproval' coneemiu ` _ - r q w tau S �, d r 'for; 4.. , -D., 9:a,,.p o,.' nrider, ., x ce iuider'Sec'ion..t00.-33r?based% _ , from,ZBA`Coriditiiins`n'd osedfd" i r _f . Siectoril'UQ24?1;l�ase, •p'`� i r # f k.r-,�r , s F rry, -«M. ., ereii' .p_- eek additionat,less�than` "'" . Toti ' " n`the Buildiniispec to' =Au ,�t "1IIr1%T998 ,under T ea -�. 100: _:;tl}e .,dune;:24_,=2U'05f ea o . 'C f1? No: feet;from«the top of the`banlc Di _,1'1;s200-5 N'oti'ce of Disa `i a1," 3 G; `Based qn S do tiATO '' rori.tb sapproval conce � a.deC -, �2 $iiY ., ri, 0- lizff o �the.�,Lon 'Island � g,` �, ='?5 4B t-;4 g '„�. -y. en--to t and-,August,2 ZOOS_u '$'ate .f-. 1T :,.,.0� 19.2 =tooundi' IJocatio i ��• _ % �e,;SkY�' ,tli gazebo n P�s, au < . )F., :xy., n::;65'.Aquav ew ddition to'the 'review dete at o` :The ea- thonze,-,conversio off= e . _:F:.� existin .. s^tl, ..t ., ., z n or= �')',. ue;-.East Mazion;;"CTM. E , g•rsingle « sori stated for di'sa room ton of;ther'eiistiii �" K +`3_-; -, F family;c�wellin as-built', PP Wig,the; g:_open,,.eck 2',1;:,(Pngr, conditions b�,^ ;y,Yr, w.ra. liuildirig periri t,;a sliea`t t'' iiito,additiQnal livin d e also' location=,less.;,tlian�•,the',,cocle= �p on PCs; g area at-50 note under ZBA No. 40 rr ow P aired°` ells"t.`°`'afterY tic`) "tif;'the ,Will-, orate . Southold- liiiiita`t ons f. red ,3' f ,fioinitlie re•"cons a cad''� ��s. . r { A ;;, •, x.r r� onrthe'bluff-setback -1 ne.x t F- pxopose lm additions,`a noncon= - "tS6 = 5 for;coristru Pion` ';-A Y- _,• .at.•,4$:9;5 0'P,e&dk :Bay 'forrriance'will b'e'create l fo-t1 >'%300,m 'BBNEDICT;`P'OL- .1U;35x'a Y �' ;' `" ' ° Bouleva`r'd,Laurel CTl�T'12 side and"lacemenf=oftlie O'. {'` Ca m",' 'MARGA g=1- Y p, exist- , -#k57,S.3; rr j%ove 'from TRA_ VIS 2iADACT:_ 17 ZNSKL##57.70. 1-.40 acce`s"so ara a res'entl" 8� $,'' an'd`=: 9}29 "'calendars. 'Re nest`;fora"V NISE.m,. 7AIVIE, .ail g" rY g g ll? Y q anance .under DE MARTIN. #5742, in~tlie�code-defined'rear and . 12eciuest foraUaiiance,;based on Section 100-244 '[lased-,,on the Request for .Variances under Y ) they 'Building Location:.1350 Marlene"Lane, g Departments Building;Inspector.s August 11, Sections' 100-33 and 100-231 •Mattituck CTM 144-2-37.: MAich �22,`'=2005- Notice of 2005 Notice of Disapproval, based , on the Buildin€ 9:05 a.m. THOMAS AAIVDER- j Disapproval concerning an addi- concerning deck additions to"the - Inspector's ,August 3, 200 s SON #5782. Request'fbr ra i tion.to an:existitig dwelling. The e' ' ting,dwelling at less.than 40 amended Notic of Disapproval Variance under Sections 100- ' reason-for disapproval is that feet from the front lot.line.and concernin ,: e 242A and 100-244 based on-the Section,100-3z1A.states`that "no less than;50 feet from the`rear lot location of a`tennis court at,les� Building Inspector's August 25, bruliling;or premises,shall be line,on this 21,484 sq. ff.'-comer than`60 feet from the-front`to 2005 Notice of-Disapproval for erected`,or altered .which. is lot., Location of Property:,West line and 2 proposed addition with alter- arranged;•intended'.or;designed Side,of Sound-Road and;69435 court�fenchi whicp w 1`exceec to-lie used i g h'" 'Which is less,thanersection t50 feetefrom for5any uses a ceptl... 1);Qne' NYS R ute`25nGreenport;CTM- when ocated.in a fr frontyard.-'oc the'rear-lot line:""I'lie pro posed f iIly�detached,-dwellings,'not 35-1-8; 1_ n #a;exceed;:one dwellin on ea h 1'0:45-''a.m. THEODORE Lion when o6 t d in shdhyaTd addition' to `add a partial story g, c will constitute•an`increase in'the 1°�'„ , e. new,,,construction is HARRIS #5773.•`"Requesf,f'or Location`: 1695',•Meadow Beacl degree' 'of noncorlforinance. proposed;on_a 1'ot• lii'ch,contains �7ariances under Sections-100-32 Lane, IVlattituck; CTM 116-4 Location: -1240 -,Love. Lane, more`._;than"" .one, - dwellin and- 100-242A 31._' 'based on""the Mattitfi& 'CTM" 140-1-23.1-. Location-, of:,.Property; 445 Building' Inspector's A""ril 27, o error Road,. New 2005--Notice of D' P 1 45 May Zone District:-Marine-II.- '' g Point- rsa roval� p'm'- R ' ROMAN WATRO� Suffolk;,CTM,1,1-7,-10=1. , concerning proposed'"dditioris Va ran s' #5(plans 11. Reamettdec BA` #5774: 'Request for=:°a ,'9 40 a:in. kAt1L;1�1ALONEY and alterations with an increase 9/28705 : under Sections 1`00• Valiance under Section 1'00-244 #S 748 : Request_for a•Variance in the,,degree"of.nonconfor- `242A and 100-244,based on thf lia`sed on •the" Building under Section"'1,Q0=33, based:on mance wlien1ocatedJless"than 60 Building Department's amender Inspector's=- August "'9,.' 2005 the;Building Department5sJune feet from-,the':, rdi t'lot-line, at July—44, 2005 Notice 'o Notice.ofDisappzoval,for apro- r6a 005:Notice,of,Disapproval 3805 Alvahs"Lane_-Cutchogue Disapproval, concerning nets posed-addition at less` than 35 concer�iing a new, accessory CTM 101-2.24.4_-, h- pp beef,from-the front- lot line 'at g gge-proposed-in,a front first .floor.foundation construc' yard 10:55'.`a.m ALBEKT -and tion,,neursecond-story'"addittion 775 Millwood,Road' (a/k/a ''70 at.less than 40-'feet .from;the BARBARA.RBIBLING.#57,75. arid• new deck increasing the Pinewood.Road),,Cutchogue,; ,code-required front lot line, at Request"'fo Variances`under degree of`nonconformance a; CTM 110=2-T7. " ; 1:020__ Goose'` '.Creek' ,Lane, Sections 100-30A.3 and 100- proposed with side yard set - Southold; CTM;78-8-3. 244, `based on the Building backs at less than a feet,. les; ,r-See Legals°next page'/ I I'O:OQ a.m: ', THOMAS Inspector's August 3,_2005: than 15 feet.on-the remaning _ I •DeMAGGIO #5758. Request Notice,of Disapproval concern- side, and with. lot coverage for;a Variance�.under Sections ing a'proposed ;addition. and exceeding the code limitation o 100-242A and- 100-244,*based alterations =to - the existing 20%, at 575. Beachwood Road, off,;,the Building'.Department's dwelling_on this 8;712;sq:ft lot, Cutchogue;CTM 116-4-21. June, ,30,, I, 005,;, Notice ,of .which_,will increase the degree 2:25 PM RE-PIE'" Disapproval_:"concerning a new of setback; noncon formanee reconsider,.ZBA decrAs onClren� •addition which will'create a new when located-less than r35.feet dere'd.May 12, ,2005),.;in 'the <.>: f... ncon'fgrmance`and%rincrease from the rear proppertyline, and Matter of the Application of W. the,;`degree of nonconformance under Section 100-239,4B;.-for :BRUCE' ''arid; `MART-,, .ANN hen located at-Jess than,l0 feet new.construction at less;than 75 BDL"LIv1AN,'#5680'.,Request for on;Y at single side, yard,_ at,735 feet "from ' the bulkhead. Variances under Section 100- Smit_h-Road, P,ecomc; CTMz08- Location;of Property: -754sland 244, based on the Building 4'8• View Drive, Greenport; CTM IDepartnient's February 3; ZOOS 10:05 ,a.m. ..AIVTHONY and 57-2-32. ,, JOANNE' KROPP , #5760. 1_:10• m• Notice ofDAapproval, concern- -)�eguest_for-Variances, under #57,6«8.p` Re M stems f rRPPIA ing an application for a-building Sections,'100-33;_and 100-244, Special Exception •for;a,.,tw� or_demolish ing. remqve based-J on-" the Building family.,dwelling under Section and to, construct a new, siiigle- dnspector's-•`;July` 12, ZOOS 100-311B,. andLot„Size fa air en4ed Notice;,of Disapproval Variance,uncier�Section,100-32, 10,.,.feetaoirelasm`(1)ide ss2 concernmg: (a);proposect addi- Bulk-Schedule,6r.a�two family less-thap.,25_feet combined s e bons and-alterations,at-less tliaa dwellingcon a lot coutainiiig.less its 3 (b}=15,,feet-gn;.a;single,side yard; than,80,000,square.,feet.",Ire-.tfie a reeding_,he odeth lliniitation of ot,cov proposed construction,of a event•d .Variance and,special 20 pexcent,'and (4) at less than new_accessory_ shed with .new exceptioRJ,.not•granted,,authox 75. feet ,from: the bulkhead• height, :replacing:,,the ,existing ization is,requested for occupan- L'ocatioii',of.,.Pro, e' shed;,and construction of a new • cy',m,_.a,unit,•of the ,existing -Trumans .P,ath,�`Easrt 1VIar'on accessoryy garage/shed-in a loca- dwelling to ,care :for. family CTM,,31-13=4. _ tion.,af less',,than ,the. ;code- member(s);altered,and enlarged 2 50 •p:rn, JENNIFER,,$ required five (5)feet.` Location for,,separate -,living- floor:area GOULD -#5781 ; conceiiiing of,Property: 360 Riley Avenue, accessory ;to•,'the.sin floor ail Mattituck;CTM 143-5-8: dwelling.;Location:`105•Browe anndsA owned by, O BRUC . 10:_15'a.m.-PAUL-n dI MARY ANN BQLLkip ZENESK.)#5767.,Re�uestf o a 34.aZonea R-40 Resi`d„ential7-g- This is an Decisions Aofeathe .,Building e Variance under Section'100-A 1:15, m•• based. 'on the p PETER ,IZZO Inspector to issue '-Buildin( Building #5765. •Request for Variances Permit No..31232-z issue- June Inspector's July 13,2005 Nnt;ra under SP.rt;nn IAA ')AA L___� . rr CG Cy- / .-F/L/ w L •-fir••i -- - from the•Ainri'�°Q]..*`at�ts r.�a.-n:ry•,.;.ai.a.riw"i'ct1'..•.-�I=Y+h 1-:.`a'ai'�Lt"':N,-�.�,.on--, ->^ .r-Y:.:;�y,:.�-�."ri:1,r=i i�:3��• ,t'.#r dwxn e,ll dg, f ge .,fa(-� i 'sx�`'`=�;,��'��-;•.� ,�- '-z-:t�=y-���-20zfeet.`:.: e•� �',°. �~�; f�'� 'I Y cles7gnat d a age tv:�if=-; '8c15' pin:;:p !AiI n(py atiine;;.'_,' r "x%kupan=;,w o�1jl5-:i p oce ,; gpeal;g 9, �'S;,IOI Apnea of;-,; COUNTY OF SUFFOLK 1i5M it-inWaWkivedNSS Dame Calabroi �05.,Roa ,•fit `- G° " x STATE OF NEW YORK ss: l�iiiaizop} oprges7;tir venue� verliead;°_'bTe"w. Yok'4 ;;fit r6Cirlefon Avenue :;' ornsa s Yariaiice,#o'Cliapfe `A108;;?''2' Nancy M. Mclaughlin, being duly 1as_ptgn, l?9 SLLraofc tlieT.Code;;ofi t }`• '` rn.. `' sworn, says that she is the Legal vekliead=reques't�;� �a� y #19%27 �11305��17�;',,n .;pezuisibnr�to` e�nstate:�'tfie fa Advertising Coordinator, of the Traveler i�: n"' . LF� r �r ;, iriarket%iieti/ e> st_gXe ''F + st Watchman, a public newspaper printed aahtoectibn'=2Cf7r'of fha: �. _:dos ?Y,,, . � :k: .'' •` =R+> " ;Alba e1'stiad*aumtorlis:=;b at Southold, in Suffolk County; and that Pii`b�1e�:.I�earing,= _•,...,,•,�_�p>; �� $ .- tY• �li .Clate`.wa 0z 0Mr'."'p-0I;tO;t110Se; ,� e. c b. ?.the• orun ,.M P 4, w- ,.���,.�,, n• �'�� ,�,..r'�-,�;;.t;;,:,,k�"•s�i - the notice of which the annexed is a and=OPPealsgFthe�Iowi�of-•., w Y<-n �' % ;person,diesiring; o; be printed copy, has been published in said ve heacl�'SoSc County NeyK=_:= x•;z r. . y yy� - " heaidY,on°'the atioueo-y'mention i k o .0}etol�^ � .2�U05K at th6, :--.;- Traveler Watchman once each week e %ead dawn='1aI1 ' 20.pp` Pl?eaLs�,plioi�( `appear»at,.te;'; ; rR ' ' s• -s ecif'dti ax'`lace� P _ e for.. weeks) k`> ,- P, e`. eaii. 'P ' .• successively, iwe1l ieiiie; �ti�erliadf:__ - w i; of b'efor`e the tm e: _4f' RTII'�U'-L co c on the.... day of "tielo 'on'eaclito£the o MN`ZONILG'80D°4 ,::' f l ,,-_ `x!x; ;'r - a•'t- r -y}'T,-: ., r`,. 5` .... .. ......... ., 2005. pa %peals .- _=-; ::x:; Y� •. M_ ',,APEILS' r1X.T.0%6/,QSr(1.,1'9)' 05 ' ' . -FOI MAT`IQ ►pees`)v,1�1'0.;0$-�5,;-Appea'1�"'0�'i �NOTICE'="OF._ �. .............. .............................. pe�%o�`8r',Joanir'eaziiso `3 OF' f IN1ITEb'�fIA'$ILITY" ea(l;;;I ew. 'GOIVIPAN 'W,tiNA1VIE:` 4- " C j irk fox a vanance`:to lCliaptei_ -RBA'UTY,_LLC`:Ar-ticles, of aaection�rl.U8;z0 :Y of tfiet:' Organ�atia�iv�!eie=fileii'wYfili the`, ciro 'theTownbfRiverfiea . :Secrefaiy;of:$tate o£Nev''York �ues�uigKpermi'ssiontitoMeiect'a ".,(SSN;Y);r on 109122105'::,Office- OMWe re me this.. day of °g.ypo I 'lia�ii3g-;gsidp; `looat`ion,•Su£foll County.SSNY 2005. >,n r �,al uttin 'at s de'�s`treet of U liar lieei%designated;`as',agent`{of: i g= i''ii Stead'=off tlie`'i guile"'d r,60 'die'LI C r upon'vulio 'MCC$s .'agaiiis=it may-be°servecl;',SSNX` pievaiiing ,time;=° sa�ly,marl.:a'`cog ,of.';process'to r °fir, s :'� is�.'.x ` � yr.. ',� ... .......... ..ea7 No b5=9.6a }� eal of- =zhe_;- L :C, c/o;,' John 'f wa �`�4 3sf?:�t 9,.•S-•.� P�;S.x� iaat.: rf-" =�� tier• + i:; �"` ,f r'8r'D`onnna AiTal'le r -LYtt1'e "1Vlontiecalo;, Po_stOffioe>,.Box Notary Public f Roam W difigr R V T� 1Vevy-: x460 MSpeo"iikF!New; ---11 !�' `;iror�va'ciances;`;toy„('whapRte -�° 'ose:��:�or�-anytl'law,ful�;;pur=': �l 'f,r. >ry ah v °�'"af �• ^-r-9a.• �v"�r5.�ra;>ti:'..,��'`�t;'�i`:;.tom?`' P4� �yitn .pp•�.5 ,G .'i• t33'f," Yyf'Ei b'T+f+.• 'jRmC.,,�,, g'r:..r.•' a iy, � I e` V n�tr oT<River ead`:- -, '6X�1'0/6';10""/,1 1U%20`;l'0%27``'d Emily Hamill a d -r, r,- e< 'I�-'i^T r�t'ar -.T s• t fi a luesti g'perlrus ioii EoavIA".:ny%� ,Q5(11o)' 7r NOTARY PUBLIC State of New York 0'�hOwa, s �.' i %n: = fin- .tr';�c} :€'�;..,,..s�,y^ v m v > ;TICEz=�.��'T, �,`'�'� No.01HA5059984 T z �-�'- s :n:.-� ?•'; F,'::` ; y .i 'y °!to, tfeeruisteaciotlie re`uired0`'` Qualified in Suffolk County•a �V>„rx= Pebble .�Beacli,:`'Farms- Ipt_='` �aridy rS -S�1C(I ;11iilIIg:'d£ieaaz�__� a � _ 1 Commission expires May 06,2006 r.'de th- ? 0 feet aIId a"sine=.: Association`: =East,=` f 9Vlanon1New-=Yo>1193�` ill cdtli�iif 5 feetst�eado :_= t r e �ads;_:��££ron . [iesaj�;; w �.,t'e " ed�(t'�feet�ea�li<',ansd�3�•` ��>.:�?�;:�3'�w s.� , .. �,QCtober, ` at 8.OQ,;:A,%,',u.b I, (`� L9 sday-October",= QOSat teaci=of Elie zegiiired>1Qfeeti" a. Y s ,$0m;Theroad'clging�wa11F 1� '..,g%eai�an stiine ti�.. r K�' 1%e supervised ppeal i o =OS 9,7 A° atRof: p� .�wyy t +�� p�,� Abe &' tour;, 1xsi;4; 321 <, _ . 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S 1` 4 ,? 1ze ��:.+'NN'rY1'•'3 r x'nv F•.,' S° A ''••, f meal No ,0,5V'00 �A eaI-`of. acq uecl?ar 3asser<sliled?xb`" ttie ; �a�ra•� � :a'xr• .P� •.�6 zest•.� - =t,•,.Y,'- 3,,, iMxles�?Leuiug v 109` Sound =Ligene fQi lransfe +to�Swez'eV r 5� �adnig sRiv'er,�TV'ev��ork;: `�Riveihead:�>�:�la�ng�Lc,•itipcoit- r,. 4n,apfe'rr 1`0$ '�nechoz�=wit�.•;a:.prop,Qse�iii�b coon�T08`�20 df the,Code,of> 'reriewa p�oJecx"�l�owri, as'the ��Tht`vrr'n'fRivPT}i�ari-�'PP1111Pct-. �*���WR7PVeC?'P,T(17PCt?'�anH�'in:'ienn=' ''A190 � y0 'tiro �►� x lot \ „i"s-r RDLE Q 17 \ �` d - Qd T 7.•b��'_ a GZ� �S„A'JC�'-7 . A \Ji rL 18.7 cmc_ UNDER \ xim Toll 17 ��`� rG • �: ��i\ � � ,�• - � eye \ ��paa oaf` � \Z �p0 P 'tip Dy , ®A` o G 00 7.4 17. n�� w '� Fn U P I u ` (\ ddoJ�'`d sctk �L) -R2 l y Jc, ohs o r� 05 w� F, 4'0° '� 0 Ss bi1�l(Iinc� it i, 5 SrnCQ f i' S ouU s/c'IQ bU)ld,or Q ow tV Q1 �\'��� �AZ`` 0���1 •' �J y ,,b / p ,I,�r v� �V� y . COY»�� iVPc Sicf� �I(n�il C r'�f� �7J 2 sf�rz�j i�Ui C��nc� Q(2 a Z `o� F fi ��xT 4-Q5 V Cle- 1+0 19 00 Oy 0 ° 1 c10 « - P� , o z \ ` �°°� WALK.WAY •E.�� nO, �RVaE �Ad' �.-.���Ft iy � � �I to {� i y KT OF RQAD �s c� P� � q RIB FAIR 7-5) IN 5' Eo ° ��� q u�o d�J6 °9 150 rip � IL Ilk NIFO SURVEY OF PROPERTY SIT UA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31 - 13-04 SCAL E 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 E40SION HAZARD AREA LINE MAY 6, 2004 ADDED PROPOSED DRYWELLS DECEMBER 28. 2004 ADDED PROPOSED SEPTIC SYSTEM FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDITIONAL C FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETBACKS MARCH 7, 20Q5 ADDED LOT COVERAGE DATA AREA = 9,878.29 sq. ft. (TO TIE LINE) 0,228 cc. _G�.L'RTIFI.� W. BRUCE BOLLMAN NQ— I. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: fl - FIRST FLOOR 'L GARAGE FLOOR F' - TOP OF BULKHEAD F'k - BOTTOM OF BULKHEAD W - TOP OF WALL 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO064 G 0 ZONE AE BASE FLOOD ELEVATIONS DETERMINED 00 y t�r,7 ZONE VF. COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION p BASE FLOOD ELEVATIONS DETERMINED p- ZONE X AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODP 3. SEPTIC TANK CAPACITY IS 1,200 GALLONS. �Py� 9x I TANK; 8' DIA. BY 5' DEEP �O cOy p 4. LEACHING SYSTEM IS 400 sq ft SIDEWALL AREA. 0. O 2 POOLS; 8' DIA. X 8' DEEP � U17�— PROPOSED EXPANSION POOL PROPOSED LEACHING POOL ti 0GJ1 O O co `O fj PROPOSED SEPTIC TANK O p�\O \ `7i 000 s ZO g6�0 0 O��o 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARl �s�9yyG OAS aOVSS\NG OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS.' 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND R \,yr7 y ,ti6 NE�i1�P\a\N Z• EXISTING BUILDING COVERAGE (INCLUDING GARAGE, HOUSE & D PROPOSED BUILDING COVERAGE (INCLUDING EXISTING BUILDING ARI) LINE A5 SHOWN ON yv " o SLON HAZ n C�O,A�S�T�A. ERO H SHEET 28 OF 49 1 ��0� c , �gy PN.4�O No 4B-640-83 O L oyo GiJ� >t � oock y p \ 1 \ TEST HOLE DATA / �,. •� (TEST HOLE DUG BY McDONALD GEOSCIENCE ON DECEMBER 1: p/ 01 OJ Z,dy � LF�' O• �S• D' WOOD G\ 74q ROWN SILTY SAND STEPS a� y 2 5 Go \ y �Q 17 Sg L O�� ems" l �,[� (J LE BROWN FlNE MEDIUM SAND Op � G �e 1 y Vary Lx/ �OO °a \y d o le 'po y 17' UNAUTHORIZED ALTERA TO THIS SURVEY A SECTION 7209 OFSTHI EDUCATION LAW -) �> COPIES OF THIS SURV THE LAND S 'S o�G I EMBOSSED SUEAL SHAD TO BE A VALID TRUE I CERTIFICATIONS INDICA7 ONLY TO THE PERSON IS PREPARED, AND ON `� TITLE COMPANY, GOVER LENDING IN"Tlinnj I, SURVEY OF •'-`P­;ROPERTY SI T UA TED'A T LOT COVERAGE DATA EAST MARION DESCRI,�?:fION AREA °f. LOT COVERAGE TOWN OF S O U T H O L D EXIST. GARAGE 614 sq, ft. 6.22% SUFFOLK COUNTY NEW YORK ' i. + DECK & STEPS 257 sq. fi. 2.60% S.C. TAX No. ,1000-31 — 13-04 L,,U_,t — �- 22 sq. ft. 0.22% SCALE 1 ' 20' EXIST. HOUSK" 1,017 sq. ff. 10.30% APRIL 3, 2002 DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SURVEY DECK & STEPS 37 sq, ft. 0.37% JANUARY 28, 2004 ADDED WATER LINE CESSPOOLS & PROP. ADD. I MARCH 23, 2004 ADDED COASTAL Ef OSION HAZARD AREA LINE I CONC. & WOOD MAY 6, 2004 ADDED PROPOSED DRYWELLS WALKS & STEPS 10$ sq. ff. 1.09�6 DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTEM i FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDMONAL OFFSETS ; WOOD DOCK i 42 sq. ft. 0,43% F EBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETBACKS MARCH 7, 2005 ADDED LOT COVERAGE DATA ; I TOTAL EXISTING;:•,::;., I 2,097 sq. ft. 21,23?G AREA = 9,878:"29' sq. ft. , (TO TIE LINE) 0.228. 4C. ' ; PROPOSED ADDITION 105 sq, f1. � 1.06% TOTAL EXIST;,,& PROPOSED I. 2,202 sq. ff. 22,29X t CERTI�TO. + W. BRUCE BOLLMAN, 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM f 15 1•- i'; ; EXISTING ELEVATIONS AkE SHOWN THUS: s• �� '_ _ ._� EXISTING CONTOUR L*,�:;ARE; SHOWN THUS; P L - FIRST FLOOR Q. -- GARAGE FLOOR P - TOP OF BULKHEAD R F - BOTTOM OF BULKHEAD C`;;- DEFT: W - TOP OF WALL ; �F SF�T_W0� 2. FLOOD ZONE INFORMATION ''AKEN: FROM: FLOOD INSURANCE RATE MAP,'No.;; 36103CO064 G ZONE AE BASE FLOOD EDITIONS DETERMINED ZONE VE. COASTAL FLOOD'N1,ITH VELOCITY HAZARD (WAVE ACTION), BASE FLOOD ELEVATIONS DETERMINED ZONE X. AREAS DETERMINECJ'!TO 'BE OUTSIDE 500-YEAR FLOODPLAIN 3. SEPTIC TANK CAPACITY IS ,3;y',20O' GALLONS. 1 TANK; 8' DIA. BY 5' DEEP, 4, LEACHING SYSTEM IS 400'? q';ft'SIDEWALL AREA. 2 POOLS; 8' DIA. X 8' DEEP PROPOSED EXp,4NS16N POOL PROPOSED LE{ H.1..P POOL PROPOSED SFFTJC, TANK 5. THE LOCATION OF WELLS AN(J CESSPOOLS SHOWN HEREON ARE FROM FIELD X, " OBSERVATIONS AND/OR DA.TA';b0XAINED FROM OTHERS. 6. THE EXISTING SEPTIC SYSTEt ;;;IS'; TO BE PUMPED CLEAN AND REMOVED. 7. EXISTING BUILDING COVE �LUDING GARAGE, HOUSE & DECKS) = 1,871 sq. ft. OR ' TOTAL LOT AREA. PROPOSED BUILDING COVERAI'aE INCLUDING EXISTING BUILDING COVERAGE & PROPOSED ADDITIOt 1 ='t:i t',976 sq. ft. OR 20.0% OF TOTAL LOT AREA. >HOWN ON f 49 " — -- ---- G TESL`.' MOLE DATA / (TEST HOLE DUG BY MCDONALD.:GEOSCIENCE ON DECEMBER 15, 2004) D PREPARED IN ACCORDANCE WITH THE MINIMUM BROWN SILTY SAND STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.IAl S AND APPROVED AND ADOPTED 25' FOR SUCH USE BY THE NEW YORK STATE LAND $ TITLE ASSOCIATION .i a ... d PALE BROWN FINE r'• TO MEDIUM SAND eX i 44 17' g\ .JLyJ N.Y.S. Lic. No 4 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF ®Sep A. Ingegn SECTION 7209 OF THE NEW YORK STATE I EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING Lan Surveyor• THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY _ CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE ;'r,,;',:'Ttle Surveys — Subdivisions — Site Plans — Construction • TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND FOX 631 727-17: TO THE ASSIGNEES OF THE LENDING INSTI- .1';PHQNE (631)727-2090 ( ) TUITION. CERTIFICATIONS ARE NOT TRANSFERABLE. a)�JCES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY Jz;.ROANOKE AVENUE P.0 Box 1931 AND/OR TEASEMENTS^OF RECORD^ IFTr^^ %V RHEAD. NeW York 11901 Riverhead. New York 119( 4 - ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION p OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Q EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS O HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR •� WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW TERM 'ALTERED BY " MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER TO DA SURVEYOR'S INSPECTED MAP. TERMS SUCH ' N TE 'ARE NOT IN COMPLIANCE WITH THE LAW. 09 00 � N \ Z$ m o d N m \ n o. a 0 \ R L 1a1 /L IE o d-E 2 SSY 'lk P O P N co n �g 202 fi CERTIFIED TO- l-+ OE�K e5 oiv JESSE PERETZ �r COMMONWEAL TH LAND TITLE INSURANCE Nw Ptc. y COMPANY OF NEW YORK BANK OF NEW YORK Volt 0� N c oil. O_ \ N , SURVEY of PROPERTY 4P�� -AT EAST MARION TOWN OF SOUTHOLD ` a° J®3 SUFFOLK COUNTY, NY �a 1000 - 31 - 13 - 05 �• �� SCALE 1" = 20' � MAY 8, 2003 P 9 o F tA ME I 7 4 LIC. NO. 49618 AREA =9423 sq. ft. to tie line P.C. (631) EA19m X (631) 765 - 1797 P. O. B 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 03 — 151 SURVEY OF PROPERTY 51TUATE: EA5T MARION � TO1NN: 5OUTHOLD N 5UFFOLK COUNTY, NY e SURVEYED 03-30-2005 SUFFOLK COUNTY TAX u o�9' 1000-31-13-3 �F S 9�p� Ci RTWIED TO: John C.Williams 9 Jennifer B.Gould Commonwealth Land Title Insurance Company I 0 1 b o UUU c� 06% 0 5 +t�c`m 37 9 I •�j y`"o,�f o `� G O �s p O 9�S Q 11 1 \ h �O h� yOr�J' s •`. 1 op od 0,c°ca °i I w mono oy", \ pSy 5" Patlo y O�\y °°()v v' 1 0 °� •d'�•�`w a�S^l V� V i °°a oaa�Qy (� IN NOTES: t G:.� �' ... . ........ ... MONUMENT FOUND 1 1/2 STORY FRAME HOUSE ROOF PEAK AT 205' ABOVE AVERAGE GRADE AREA = ,,410 S.F. or O 1, ACRE JOHN C. E LERS LAND SURVEYOR 6 EAST MAIN STREET NY S LIC NO 50202 GRAPHIG SCALE I"= 20' RIVERHEAD,N.Y.11901 369-8288 Fax 369-828 7 REF.\\Hp server\d\PROS\05-147.pro /q t/ John C. Ehlers, Land Surveyor 6 East Main St." Riverhead, NY 11901 Sep 23, 2005 Town of Southold Board of Appeals PO Box 1179 Southold, NY 11971 Dear Sirs and Madam, On Monday, September 19, 2005, representatives of John C. Ehlers, Land Surveyor performed field work to determine the peak height of a two story frame building at the address of 1755 Truman's Path, East Marion, New York Suffolk County Tax Map Number 1000-31-13-4 owned by W. Bruce Bollman. My field crew, utilizing generally accepted practices of land surveyors did determine that the height of the peak-of the aforementioned structure from average grade to the ridge to be 25'. o ' Sincerely,John C. �`S Land Surveyor � �02102, Yor § 100-13 ZONING § 100-13 GUEST UNIT A bedroom-sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two (2) adult persons and be at least eighty (80) r' square feet in area. HABITABLE FLOOR AREA— See "floor area, livable." [Added 6-19-1990 by L.L.No. 13-19901 HEALTH CARE FACILITY— A structure and premises regulated by the State of New York and used to provide an integrated range of medical and/or surgical services, primarily for in-patients, on a twenty-four-hour basis. Health services may require surgical facilities, therapeutic and diagnostic equipment rooms, counseling l facilities, convalescent care equipment and trauma care services. Out-patient clinics and other forms of ' ambulatory health care facilities may exist as accessory and integral services to the in-patient services. Supporting or accessory uses may include a kitchen for preparation of patient meals, cafeteria or snack/coffee t shop for employees and visitors, gift shop, laundry, pharmacy and staff offices (for bookkeeping, administra- tion, medical records, etc.). Shall be otherwise known as , a "general or specialized hospital," a "rehabilitation center," "rest home" or "adult home." [Added 11-12-1996 by L.L.No.20-19961 HEIGHT OF BUILDING— The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the highest point of the roof for flat and mansard roofs and to the mean height between eaves and ridge for other type roofs. -_ HISTORICAL SOCIETY—An institution devoted to the preservation of information, artifacts, structures and other evidence of a human community or enterprise that existed in the past. [Added 11-12-1996 by L.L. No. 20-19961 Ae, a-f r0 HISTORIC BUILDING—See"landmark designation." 0afiku>7�s 10023 6-1-97 09/23/2005 13:06 6314772250 L TONYES PAGE 03 TOWx OF BOUTHOLD &UTLUnm DEPARTNRNT Office of the. Building inspector ` J Town )tall Southold, R.Y. CERTIFICATE OF OCCUPANCY NO! Z-28379 Date; 04 30 02 TSIS CMIFJM that the bull" ACC86SORY Lccet'lon of PtvPCX"-Y= 1755 TRUMANS PATH LAST MARION 0BOUS8 NO.) lBSitsET) (HAMLET; County Tax Mep No. 47386 Section 31 Block 13 Lot 4 SvdxIiY;sion Piled P'V no. Lot no. conforms substantially to the Application for Building Permit heretofore filed in this ofleice dated OCTOBBR 12, 2001 pursuant to which Building Pexudt No. 27771-y dated OCTOBSR 12. 2001 was isnucd, and conforms to all of thO requirements of tho applicabin provinicne of the law. The occupancy for which thAs certificate is innued is _ACCESSORY GARAGE TN rROIr,1 YAK 111TH NON-RASITA945 STORAGE AREA ABOVE As AnPLIED FOR The certificate in ieyued to W BRUCE ROLLMAN of the aforesaidjOWNER) building. SUPFOLr- 170M= IMPAnTUMT OF BBAIl1'R APPROM N/A 01,8=31LIU►T, C'.SRTZF'CAT$ No. H-073452 li 16 O1 PLUMMW C=TWrCA•TTON nATJM 11 26 OI W.BRUCE BOT..xN1AN AUChOrized Sx. ture Rev. 1/61 V yo� ,ate SURV T0\ SUFFOLI S.C. TA �0 , 1y� AR 0• / (TO TI �oc� L / CER TIFIED T o \ W. BRUCE `�• L? �0 %L �\ CONC. PAD UNDER \ QQ+ �? O O t \ ! &, - N d, Q' OF N-43 19 40 F.. 5 .0 C\j Cy UQ) Z"141 �k�l r�r V ON 21 SET WAILS 3/2c 0 ry / 40 + S�. r ~` -N 142.5 TIE L / |/ !� i 01�]Z-/ | � , /| ] Z, IN � .| LU / . . � / . ry LINE 142- / BINY / _ ! ` | MAP ^' . . `. `^ /' ~�~�-- SURVEYED FOP- EAST' MA2':ON i N.Y. ! | ^--- | _ ����.�;TO ' ' | / . . Ul-1ICENSED LAND, ! ~ '�.Y. 60 � -_---_'----� _-'-_ � 09/23/2005 13:12 6314772250 L TONYES - PAGE 01 W.Bruce Bollman 209 Main Street Greenport,N.Y.11%4 477-0023 Act.29,2001 Town of Southold Building Dept. This statement is to clarify the use of the second door over my new garage at 1755 Truman's Path(East Marion,Banding Permit Is 24245.on July 14,1997 and was recently renewed. The garage is to be used aA non-babitable storage ana. Alter constrwttion had been started we Added a heating system to protect perishable items from freezing .?W W.Mince Bollmaa Notary Public,Stato of Newyork No:o1k.1rososstar qualiG-grf!^Suffolk County 1 WARREN A.SAMBACH.SR. CONSULTING ENGINEERS PLANNERS 7675 COX LANE•P O BOX 1033 CUTCHOGUE,NY 11935 6 31-JtM734-7492 November 6 2001 Building Department Town of Southold P.O. Box 1170 53095 Main Road Southold NY 11971 Re: BP #24245Z dated 7-14-97 Drawing Nos: 1 of 3, 2 of 3, 3 of 3. Gentlemen: Be advised that all timber and steel framing for the above conforms to proper design. Sincc�e�r�e�lly, U;j Warren A. Sambach Sr. P.E. uas:s s 45, ;171 tTL m�d4 4 ~ I IV aC,4 k CV d] Q} C 'rC �7 - • ' - . ................... toll mv) ------------------ ---------- 14 � OZ ------------------------- -- ------------------ ---- --------- CODE ----------------- ---------- --- --- - ---------------- - ------------ ri I IfAl. ------------------------ -------- --------------------------------------- • --------------- ------------- ------------------- ---------------------------- tv • �$ufFocx �o Town Hall,53095 Main Road • Fax(631)765-1823 P.O.Box 1179 �i Telephone(631)765-1802 Southold,New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOLYMOLD CERTIFICATION Date: 111a6101 Building Permit No. 2y�r Owner: iV&u c r (please print) Plumber: _ _ Ly v��� ?A&&-44 (please print) I certify that the solder used in the water supply system contains less than 2/10 of 1% lead. ' (Plumbers Signature) Sworn to before me this c? day of 20 o I Notary Public, County 'LZ yoaM _:)"ss)wwo0 X4unoo 41op-q ul palliluno 90 WS090M CO:oN ai;i 31JOA MON to elelg 'ollQnd fuelON 1 Jotary Pulp! of New York WP-1110 C:' ' NO:01"'V0.1603119106 County (� ^rrh 27 09/23/2005 13:12 6314772250 L TONYES PAGE 03 �DARO VP H6A1T11 .... roam No. 1 ] SHTS or PLANS ..... TORN Op S0IIT1101.11 is Bu1L.DIHG DEPARTMENT CHECK O N:h7 i TOHN HALL SE"IC.FORM ................... 9OIM10t.D, . I1971 H.Y TRL! I6 t5--1402 NOTIFY: ^ CA 191 "LCALL <<.J7: ..�........ .. N�eoninenl. MATT. TO: APPr I-.. y 1�...., !9 ..� Pkcmit No ?. ,.... ,,{ .................................. Di:.approoed .............................. ilding Ingp�co)� APPLICATION FOR 1111TT.DING PKRHXT note........'(. 7NSTRucrlONS o. :Ibis appLlntion aunt be completely Filled in by typewriter or in ink and xulmitted to the IluildiM Trmpcctor vith seta nF plenn, narrate plot plan to earls- Yee acroeding to achL*Arle. trots orlot Pl—oremr mr1 ivi Locating of Lot mt{of 6oildirpp an prb+ia!•0. relstiaauhip to odjoining prin; n nr rxRrliC glvireg n rlera{led tlnexrrjPtiCM of layout of promrty rAwt he llreun On kite dirq rom 44CIP is part or als npplicatial. c. 71w raxk aanr.s+l by tlelr.aPtlliration rwy not he c:a,lx'ed be-fore isat-mlee a(1prilding Permit, d. ttporr aPtrrrrval of Kris epplieatiann, the IWildiag In.-,peeror Wit isu�a Mlding p,roit to tlut npplir�rK_ Cl�h ermlt shall !ne kept on the prear{ses available boo la. rction thror{i3Out tine work. e. tto building droll be occupirr)or used in TAwle or in part for;wrY plupoOe dwtever until a cterlmn cY ehol l have been prance !rY the Buildl 7 CertiFicnte nf. �1 respecter, AMICATICIR 75 ItEWM 14VX t)D tlw!Iloildioq lklraetment for tlm issul0cr nE a Mldir4t permit p,r. t to tIx wilding Zone Ordinsnrce of tlw TkAM of Southold. Suffolk Camty, Now York, and other applieahlr.4v+s, Ontinnme9 or e olatiero. for the Conntnction of buildings. Witivns or alterations, or fnr rwwal or rlanelitiorl, no wxrihed. 711e applicant Reyes to corply r,ith all fi*icable 1.%m, ordirwareo, br,ildirlg c�rde, Tqua ir herein k,, and egolat.inrns, end to admit authorized i-sspoeroes On prTwiMn and in huiTding for necear4mv i,r. pecticns. ......... ... .. lSiglrnturerq r scant..or leave, if a corpororiem) .... ........... .. �._.�....� (tiiil Inca adrlrrns of oppI ic.-MI .. //i Yy :tote wtwther appliragC is u".r, lessee, $Wnt, ardlltect, efigineer. general contractor, electriciMl, Plunder or Iruildnr. .............metJrl�C1;< .................................................... ••tam OF owner OF iaLoeisea ........._. � (ea on a tax roll or latent deed) f rippiiwnt is a vOrporatlon, eipleturt of duly authorizeA officer. ...................................... Mm mvi title of corporate officer) Arllek;rr,I.icmw*NO, .!.r , ,t,A-47..... Pluel now Lieenec Ro. ........ 09j*AiH,1Rsf_+t-Bury Flectrieimn 1,1cervic%. .. :;'OA . 0t)evr Trades I•T.i tense W ....:Y�, lrxntian of lend on vhich pmlvxsed walk will be done...................... �1C!' fLr/7�- .t.. �;t .. � /?r9'ca�It'�Brs�'IYlor ltutilcc ...................... Be I�tle[ Calw,ty T8X 1.6►p N4. 10d0 Section &dwliviaim ....... •••••�•"" Inc .......'�...... ... Piled r p No. ......... (Wane) -- ..... ...... Tat ...... ........ 'rote exintirg lane Ord accuivw%L7 of promises wad intemied,use and ocQ9�'of prapoaecl ca+rttuetia-1: g. Gniatirg vet doll a :a ....P. (�e,'..'��.' ..te[ '!-!y°.'I.C!l.•:�!1`11''.................. h. Inntanled x wee rani(xx3q'mr7' ............. a 09/23/2005 13:12 6314772250 L TONYES PAGE 04 7• `}t•Iftn,.of"" (Clw1k Wlidol / Ik9atir netrrral .......t...... Nn,Ikt(Irljl,p, �/ IknnlitFar Atklltion r'• Eatinglfrl f•�� p� 019trr kbrk ,,$ Alt�rntitet Ort .,l .. .. _ y; Fee f ,kw.11 i.41, ,Awlror of •(r o!Ie - • _ h+ellhn Iydt� , rwlcf m FilitgS thin o11plFwllotl) Jf Q,t.aRn, 4sr1 ........... Hnl r _ ler nF Corn 2 Ie nF fh,el I[nA on 11'4 rw, nrn'erclnl or wiftrwl n"C"pone., �7.. FID!IkIkIt{niAI CnMiMryCcIlt,ntSl teF Ai.o 1,.'t:.r.O.a..(netylrint•l r "S Otn1cttlhg r ci fy nttm '..:of op r;A, jEally: Prll - I t Yr OF%Im -.._, M _Ar 30 Monte fF KwiCr of Stories ._... le IL,I,I. n tl Well n ,.. or wkl* ......... ....... n / fleIFOII ....._._. on: Front —L few Lnrrn �I• 1�.'I Foot: Rrnnt •, a/ nrl HOrl*r nC 11.11th ...Z t!, Aear Int• Frtylt ._.....S`P.!F...-•• I4,IC OF 2• Rr t,s+e that rlrt•ln I.tlldl pr"Ir.'n Are n tuatcM r �.1Cpl�i.�fGIer .�,rl ..t opnOcd fswt,tnn:rltn IrI.I.t. n ..R1................ , 1, ny zcx till lot tw+ Inw. nnl(t wflce nr rellgtntlon: t$mo nFtarter of premise, W� eS, 1+111 en'r_nn FII1 he ibrr t Fran rnetnlllen: ' N.anr. &kl►cxe X40�... VLSI "'I- of t�lrltrbrtpr f?��r�'1e�1..LY1�x' .•.. ArklrenA ...yi�6F:ypCbC-�-•..•. •• lltnrle FAt.'it7r,'��3 - l t Iltita <r. �,.... hklrorta �G.� ........ TURN trl *11'VIF,4,•5ARM17,9wjtl,i 7.'" FeRt t'f tFflol Wrtlmwj? �p•��'CPv-.1 qMe H'. l�e wllT kkv,W.Yelp rem. N17 .... ,, .. locate 1'l.OT WACRAN cicar(Y mrl diAhlllctl m prrhrrrlY 71nee. Live o* #'t Ali ble InM'n, gwther rtrlatl I ltrr Fnlrrlor or rorra:r lot. Sr�C- 'or or tlepeript ittq�or rml!I'tNl. n,ftj (nfl'.te nll SuRN oemnllna to rl�. o rlrt-hx*dlttwanintq 'xl Ntpu 'It Mot ntwn" Aryl I,rllt;Oth Or 11;1 ur .vfrvr�j��• .. sx n ipUlnq� ...........It:ir t1 Itv►thwl , ra,rrgrl'7 Mp�-• h;:,7,rly rnasrrll, rlel>'►Ilren aql onyo Iltnt It I n llle$qrl tn,lnl !M .. .. .•• p�0�!!... ......... (f'tnrir arinr, ^Id:�,t, rfrrltprntrFF ..................................... IPM4-r fit'r :inn; llrrtr 11 Alp 0yvrltatktia alrtlgrirint In Fcr(nnn or!t •Nnk v' ti perFantAl In Iltp nh/nrc� RI+'19furpllli-ati,nt arr trt,eal.��Kl,erynl�p ;k mIJ 1.0 nrlkr. nitcl file Il.in tll 1 O. ' rclnre fm rhla II'c n(q,lirnr,lttf, Filcrl illni,ktvtrrleane nlnl IWIlerl tnyl w�� / tl,er,v Mt�1rr1�T10.8rat d N.W', (Siplh If Ab.4az708 (qtl it tyrt) QueFIllmtS M�oFk noel E�A,tan.Zp,iB� � g 09/23/2005 13:06 6314772250 L TONYES PAGE 02 . Form No. 6 j Total of•SOUTWLD �f j "'q Y B4ILDn18 DEpARTNIgiT i✓ j1 TOtfN BALL d RI.Or.D:^T ,(� 765•-1902 , ti AYPLICATION MR;CSRTIFIME'OF OCCUPANCY A. This applltAtion moat be filled in by typewriter OR ink acid oubmitted'to 'the bni.ldin, inspector wish the -following, for new building or nave use: 1. Final survey of.property witb•accurat¢ locatiou of all buildings, property lines streets, and unusual natural'or topographic features. 2. Final Approval from 8oalth Dept. Of water Rupply,+cod ee-etag4?-�disposal(s_9• form), 3. Approval, of �loctrical installation from Beard of >rire QndCXVri.tere: -- 4. sworn statement from plumbar certifying that the so).dcr, used in syates eontaine lose- than 2/10,of 12 lead: 5. COmmsrcial building, inAustrial building, mcltiple eesideaces and•aimilar buildtr and inatallaiioes, a certificate of Code CgmpdjmAQp Eras ar&itect•or engineer' 'responsible for the building. ' 6. submit planning Boatd'AppsOval Of completad•site plan requirment,l. 1 a. Far—10ting buildings•(prior to April 9; 1991)-noes_coi*o,ml*V, o.an or baildln "Pre-existIng^ land uses: 8 1: Accuiate curVAY Of p"VprtY showing all propetty'lines, streets. hulldi,.g pad unusual natural or topowaphic f®aturgs. 2. A properly coWleted appliSation snd a,croseut 'to inspect sigae<t Vy the applicant If a Certificate of Occgpancy is deaied. •the•Buiiding Inapector,•ehall state.tha xeasone therefor 'in wcitiag'to the applicant. Fees 1- Certificate of Occupancy - New dwelling 425.00. Ad&Ltionq to'dwallipg'$25.00, Altnratious to dwelling $25.00, swiming Pool $25-00, Acceesor•9 building $25.00. Additiena to mocesso bu ry i.Ydigg t25.Q0. 6ccsiageses ;50.00.. . 2. Certiflcate.of Occupancy an Pre-meeting pua 4lRR - $100'.00 3. COPY of. Certificate of OeeupaacT -- .2,1ip 4, ,Updatid C®rtificatg of Occupancy - #50.00 S. ,Tda[+orec[7'Certificate of Occupancy - C®oldential V15.00. CoMercisl $15.00 .Date .....................�,.. Bew aonattuctiion:...........*old Or preavatis IMMKOK ILXA .t.. , Lvaalr4oa of yroperty... .. ................ :'.:�►etans......�.........i.ar�l................ 8vaee To. ) street l�nLet a Oaerar ar.owamte ok Ecoderty...�:I. �`u,r:� l� lli1�............ T.amty•Tale Map no 1000. section. . .......Bil ck: ... .,,,,,•.yot... .............. scd►dAvldton.� ...... TjNJ .Fi•2ed map............Lot....... ...........7 8ar+�it Ko.. ...Date Of PermftF*l.+Y':5 :����'Appiicant.. P.CctC1.FJV��imcL�:.. health Dept, Approval......N A_............:..Vuder rite'rs'ApproQcat...•........... PIAMing Board Approval..... ... - ... aaq+teee for: Tempos Certtifichto............ 1'ina1 Certicate•%......... _ I" Sahmi Etsd: �......�:.�. a-........ . 9 70 . ,: a • .Y .14 any �■i■■■■■■■■■■■■■■■■■■■■■■■■■ TIC 4 - .a`. y ■■■■■■■■■C�■■■■■�■■■■■■■■■■■■■■ ,; z H ;. ' . M:. ■■■■■■■■■1�■■■■■■■■■■■■■■■■MEMO MEN ■��.�i�■■■■■ff1■■■■■■®■■■■®■■®■OEM ■■I■■■■■■■■■■■■■■■■■■ BE MEN 1! Foundation Ext. Walls Interior Finish f :®� Fire Place TOWN OF SOUTHOLD OROPERTY RECOIL® CAR® OWNER STREET VILLAGE DIST, SUB. LOT V`� • yor—e— r "''d t.>1� (C//��1f �' /j�� � C.�a' ° -1' ""✓°L �c5'�i FORMER OWNER Nr E ACR. S W TYPE OF BUILDIN RES.',? SEAS. VL. FARM CON1M. CB. MICS. Mkt. Value -elm �C LAND IMP. TOTAL DATE REMARKS !;7 t nIc- ' C� O i7 �' ` 'U -7 Q 7 Cep S 0 VI-O 17 O od no b(DO© / < is r� SL 1-7 00 550o ZE)o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD �`6 Meadowland DEPTH House Plot BULKHEAD Total Jo. .a DOCK - - - J kn Aaza I � _ Off- -L------� 4014 cy ?�1 GOO LD /�'� i� r Vole ANTHONY GAMBINO LOUISE GAMBINO DWELLING (USES PUBLIC WATER) FRAME HOUSE -L 4.4Ar ' b Lp cas suet r sautes_trwL � !!NE 26,3MAL log ' oI in 7 STORY Its I 1 40 S+ r Boa10 _ m FENCE Y Ln •:LJkE' 1M�1E FENCE .S - � � 206.07' G� pp 1 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 DECEMDER 5. 2003 ADDED TOPOGRAPHICAL SURVEY JANUARY 28. 2004 ADDED WATER UN SPOOLS 3e PROP. ADD. MARCH 23. 2D04 ADDED COASTAL N�ZARD AREA LINE MAY 6. 2004 ADDED PROPOSED DRYWELLS DECEMBER 28. 2004 ADDED PROPOSED SEP11C SYSTEM FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDRIONAL OFFSETS FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETBACKS MARCH 7. 2005 ADDED LOT COVERAGE DATA AUGUST 21"005-LOCATED, It)IIOT4,WSS- AREA = 9,878.29 sq. ft. (TO vE uNE) 0.228 QC. Cr r r W. BRUCE BULLMAN .vorrs. 1. ELEVAMNS ARE REFERENCED TO N.G.V.O. 1929 DATUM E}((SM ELEVATIONS ARE SHOWN THUS.Ao ENSRNG CONTOUR LINES ME SHOWN THUS.-- — Q— — F.FL — FIEW FLOOR &FL — CAM"R,0OR to, — TOP OF BULM EAD B.B — BMW OF SULKKW tl4 _ IMP of VAIL Y FLOOD ZONE INFORMATION TAKEN FROM. FLOOD INSURANCE RATE MAP No. 36103CO064 G ZONE AL, 8119E FLOOD ELEVATIONS DETERUMM ZONE VE � OOD WITH IED (1VE ACN); OODIDETERMIN ZONE X: AREAS DEIERMIIED TO 13E OUTSIDE 500-YEAR FLOODPIAIN. 'ST HOLE DATA tpomLp ON DECEMBER 15, 2004) o P W XXORIMWE WW moo" can suma B aNa Bi' W►4�S�At u6 Io.I D� ADOM Xy FOR ORN USE BY THE HmMm Vv llJ� 1IIIt tasocIB1oM. I .r ' j i x/o/F —'�—� ANTNONY1g1110 ' OF IN LOUZSE GAMB1140 IN RODWELLING R1E. 25)� (USES PUBUC WATER) •a+ twaFkA1dE HOUSE " gg ,+b \ �' Jr Y r LO 5 29'46'20"t� ' :�1 VIP � Y�rxw�w'09M Una _V,E__ I v� �.- "� cARAI p cam G i \ 1 Y'es F 1 0 ' maxT � ',o a t I JL.;r— / c N MN J N 29'46 20„ W DWELLING (USES PUBLIC WATER) ' 1 NQ'/" Cro'sS Nc. SOUND �g�LPIA ON CONTRA , a 41 jlu T T qnv J WO lull V`OW )1OQ1 10 n 0 e t � I I I i E 1 N 0 I ®\Ai- 1 iII . -r i rOF N 1 i i i i . i i i i I i °C Au 07 I � �5_n i S �' ill �� �9� d P1• LI is 9 2005 i I --- j I ' ' I lid IL q, 77d M 90 � 9I c ILI -off ffA Ij � ��, •°•� � � UI f I �• or I I , r— 7 r— e 10 Ito r ► -9''L I ;b1� FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 3, 2005 *Amended March 31, 2005 TO: Linda Bertani for W Bruce Bollman 1380 Oakwood Dr. Southold„NY 1197A Please take notice that your application dated January 18, 2005 For a permit to demolish and reconstruct a single family dwelling, at Location of property: 1755 Trumans Path, E. Marion County Tax Map No. 1000 - Section 31 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, for this 9,878 square foot lot located in the R40 District is not permitted pursuant to Article XXIV Section 100-244. The nonconformin side ide yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet) minimum &25'(feet) combined. The proposed survey indicates a minimum setback of 5.9' (feet) and combined seback of 18.5' feet . Furthermore, the lot coverage as proposed is approximately 21%. The allowable coverage is 20%. *Furthermore, per Article XXIII, Section 100-239.413, the construction will be non- confoming since the second story will be located within 40' (feet) of the bulkhead. / _max. (�, ,11e 41 Authorized Signature LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 20, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, October 20, 2005, at the time noted below (or as soon thereafter as possible): 2:25 PM RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680. 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 or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski R + s � ■■■■■■■■iii■■■i■■■■■■■■■■■■■■■ 4 ` � ' ■i i�i�■■■■iff�i■■i■■■■■■■■■■■■■iii .. , • �� ■■■■I■■■■■■■■■■■■■■■■■■■■■■■■■■ 1 - Rooms 1st Floor Rooms 2nd Floor V Driveway kk;�s • — .kry ii9, •• pis �eqF • : •y TO OF SOUTHOLD OROPERTY RECORD CARD OWNER ET VILLAGE DIST.1 SUB. LOT X�-&4www FORMER OWNER N� E , _ ACR -�Ik4j" lrff/3 6)C_( s � W TYPE OF BUILDIN RES." Id SEAS. VL. Of FARM comm. CB. MICS. Mkt. Value - c6LQe fR.C LAND IMP. TOTAL DATE REMARKS .t5S 3 - L3,I 1w s4 1700 0 a o D O > � o -7 '7-6 Pf z Z �St-)G6n S t o� ra, 17 o cn,00 J 15- I-7 oo 5EOo Zoo ?a o 5yZ'c- Cap', / OD ED o0 CID AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable _ FRONTAGE ON WATER Woodland FRONTAGE ON ROAD �'6 Meadowland DEPTH „ 6 House Plot BULKHEAD e Total �. .•� DOCK w m ■ Complete items 1,2,and 3.Also complete A. Slgnatu item 4 If Restricted Delivery is desired. ❑Agent ■ Print yGur name and address on the reverse X ❑Addressee so thf.-we can return the card to you. B. Receiv by(Printed Name C. Dab/of Delivery ■ Attach this card to the back of the mailpiece, � Q or on the front if spade permits. � i►" 1. Article Addressed to: D. Is delivery address different from item 17 ❑Y s If YES,enter delivery address'below: ❑No M r. cress"' pe' ?_ Q'.R"'4w_1" p au.4 ate..-Nrr NtA.A 9 Orkt� �—1 t QO� -3. SeyVIce Type i 111 [-Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. d—PA¢trir__tad_neiiverv2-tExtraEPPI r,-1 Vwc— 2. Article Number (transfer from st Ps Form 3811,�_,�___,T T�_ ��MO UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Pleaseprint yodr name, address, and ZIP+4 in this box • 0 toot �J {,,,{f,,;{i{,{„III,{,,,lit:{;,,,i,i,,,{{,i{„i:,{,{{„:, fill y�►17 • • • •. •► •__Plea' IN Complete items 1,2,and 3.Also complete A SI ture Item 4 V Restricted Delivery is desired. Opd ❑Agent ■ Print your name and address bn the reverse X \\\ ❑Addressee so that we can return the card to you. ed by(Pfi ame) C. Date of Delivery INAttach this card to the back of the mailpiece, r <716/0 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different m Item 1? ❑Yes If YES,enter delivery address below: ❑No �hn Go J�h n �• 6a c,. sr .LCr I f U$ 3 �,` PWC.Q%U� 3. Se ice Type 1O �C v` Se Mail ❑Express Mail ��p(•U� �W j t�� �«�{ ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extfa Fee) ❑Yes 2. Article Number 7005 1160 0��2 8648 4473 j (Transfer from service label) T PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I , UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please,'print your name, address, and ZIP+4 in this box • v 0 All ■ Complete items 1,2,and 3.Also complete A. Signature Item 4r if Resf rioted Delivery Is desired. X ,Agent ■ Print your name and address on the reverse El Addressee so that we can return the card to you. B.Xeceived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �I o�nJ R)/LLI 9 i /0 or on.the front if space permits. D. Is delivery address different from Item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Mix 1('1, � t1c3l 3. Service Type • C� certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0002 8648 4459 (Transfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540. UNITED STATES PWAU 8HOW If11! !'! l1 �! 1�1!<<at1li�s First-Class Mail Postage&Fees Paid USPS Permit No.G-TO • Sender: Please print your name, address, and ZIP+4 in this box • ecru', Gu�-TAC--' goo �Z� 'V t RCA IRoaw 1u111n1111,11 fit I III III IIIIIIIIL1II1111111111J1111111ifIII ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD- NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT OF SIGN � • `�c'��c�e_ �� � � �J al�v,�1 a� POSTING (Name of Applicantsat' Regarding Posting of Sign upon Applicant's Land Identified as 1000- 31 - 13 - 4 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) 0. residing at- k bC-O Oa cw vo& Ors ' New York, being'duly sworn, depose and say that: On the 13 day of Jrt t cy� , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be Se i-e.mbu- 0-� 2ooS (X� (Signature) Sworn to before me this ® day of S.-eoT , 2003 L1NDA 3 COOPER NOTARY PUBLIC,Stateuffo k Cok N0.01C04822563, Term Expires December 31112012 (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. '-1 i ' s rn CERTIFIED MAIL. _:r- (Domekic Mail Only;No Insurance Coverage Provided) CO •m UI0"L 54Y 91P1949 A rim, U S Postage $ 0.60 UNIT ID: 0971 rU Certified Fee` 2.30 q re Postmark D slum ReceJpt Here �� (Endorsement Fiej�ire 1.75 q 9estrncted deb Fe Fe Clerk: KF9CWi —a yy (Endors,@,rp_ent Require rq '_9 fo�tat ostage is 4.65 09/12/05 to \6L 0 --- won- '---6a^r��,.S�_Sl�r___Tr Apt No.;oxN0. 1)lo woo Au--_ --------------------- ------rUk----------------------------------------------- fate,ZIP+4 ,AO ,6 Postal CERTIFIED MAILm RECEIPT -I (Domestic CO , r eat . M--YOf9i a NY' h6(? � .I2'l; L U B Z— roSp 0.60 UNIT ID: 0971 Iv 0 C (ad Fee 2.30 i0 � R turn Receipt Fee Z 175 Po rerk ma 4 (E 0 ement Regdired) . M tiR to, dDelive e r Clerk:"KF9CW (Endont Requ V a 4.65 09/12/05 Total Postage&Fees, M o f��. Serra t z N *AW5" t. ( ^ , ( No. ,I� GL _- _�G/ ��4� 1 r ZIP+4�' 1 0 no Postal (DomesticQCERTIFIED IVIAIL,,� RECEIPT - For . � deliveryST HI P` �3 rmation visit our A CO I rL U S site at E. CO Postage $ 0.60 LWIT ID: 0971 fU p Certified Fee 2.30 Postmark O Return Receipt Fee 1. Here b� (Endorsement Required) 0 Restricted Delivery Fee ClQQQ (Endorsement Required) Total Postage&Fees $ 4.65 2/05 u7 t 4 ail 1' CD O S o Apt:No.;-- e oxNo. 3 L ' =-- - ------------- �5 te,ZIP+4 f"jr Man tn� ZONING BOARD OF APPEALS R-T) TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT OF LU- r�� G.� n l�J o 11►ma►--> MAILING S (Name of Applican CTM Parcel #1000- 31 - k 3 - L ----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at I �'0 rA lc oc�� ()��uJ go LoH,o l ,New York, being duly sworn, depose and say that: On the—Laday of Sc2 I�rnl�e/ Os , I personally mailed at the United States Post Office in o New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current own rs shown on the current assessment roll verified from the official records on file with the (Assessors,or( )'County Real Property Office 16 LAc..�' NQ l&-- , for every property which abuts and is across a public or priv " street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to befT�A ehis day of , 2005 `n ^ BONNIE!.DOROSKI Notary Public,State Of New York (No Public) No.OID06095328,Suffolk Co my Term Expires luly 7,20 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to th-e er narnesnzl addresses- or vv i �rofierTna`iied:-Thank you -_----- ---- r f .yf H its+door' V-�- �a..narvt e.nG<<fe� P. O . 32 mig �7GYYlfirfa�`^t n<u;�,�;1'•t!`s V�=�„rq - !`uursaay;JeptemDer�l iU05 N ichiiiaie�:~ZlIpE - Bitild pector-?s•',Augdst�35--df°7�isappfoval;foi:a��accessoiy'th- ?WrjspeeiQAs" tL1gg 1 "2Qq�Notice Ibf`-])isapproval foi' daiporl,�ro bse'ditnrarfFonYyard'.:20n'�.,, e�fDisapproval'xon t` 8honsstP tfieaeicoSiitgl dwell)pg'•Yda !atfi3�li2Q.l 9oitndatv''-`swmmg,�: s phr4P°o''o1 at 1 GssRhan' ' tn? rn p)E' e wliioli4i�:}ea$,than"5,0'fe`et`%fiom Aientie;"Recoiiic;OTlv -- -the}y�`Qd"ig�utd%40epp x m tfie�rear'lpt'}m : T1ig-poposeil %10;25?'iapY j °I�DRBb{auii• erori LQ� e ati2022;FIy�a . idi on�1"ad'd"=a' artialtko AY*]N','.n?O2P e0`'_ #5T69r ?Road' >tt o)~d•_G M Q ll coiisti tite,an-mcrease in the''Set on lOOest r239 Aa based n#tie, #SZn3fcxi/ e btest f a'VaAnl3an degieu'.s tof''nonconformance. July 11, 2005 • -Bull ding",`-titii3e;; echBq'00'-?44„b�aei}ton I ocatig ' Love Lane, lnspebtor'ss ant%IQoticei•"' :.of,,• e�iune`�2 20 5 Vo'ticb,:of ' Ivlattituck, CTm 14-0-1-23.1. r.6 c,�,' �,,. Zode�Disthdt:,MaiineII°'�.', -Disapproval,.con'cetznn to pro•_Disap ro`val<tconce n w dE'tik 9141a m_ItOMZ N V1rATR0-_ Posed depkraddth8n-at,lesvi an ,open`ty"4he rsk} � ili;'ga e$5 100!fe6i:fromth6,to 4ofthecbank•-add$A ;# 74?"i aRequesY.foir;a lti6i;to lthh tliIaGiiShttn1eY Z is 6f'bluf£�of tkie fmlo•-dwegs, Yariauce nndet,Sectton'100-24; A s ' '`c6 i &9 em°<o ldce'ea;J BYdlding Avenne;•Bast I�farion CTMT21- ;[ecjt#t[ed 3M]fedttdca:tliiiiear,I2k; Inapeatoz+s:Augusf.:4;•=.i200.55. �=tedde`conAN 9.of i'"fB'o`'eSE�Pa9nte�28 1 llldt{geo�Disagprgval,t'ocapro- �B x - �,,., ' Psedkacidition9;iit'�le�ssr`-tJiah•�35 n o 4 8�'`0 til CTNI�- , itpWtatt ns`ori'''the�bliiff,setpac�. "-T7: ��-x�P.�,,..;,, M Get;f�4?RtlletrPIltlOtllne;,at;7r75.' tr< �./• ,,{{ t'.`f. .aSU�a-. ,f ,c v •A•Rpa,d,�,:`(allrAa.,•70 '�dx eo7t,�lrtigTi°7�a;;r' r-�. . <�1=f}Qia.x ,rn1:5R x , P,ine)vogd,,,Road)', Cuteliopue; CTiy0110>2-J.7;.'""_ •a.,. .. - TRAV1SsRA 7_4I SKI1#5,7,70,.' Ite ,ue t}•foit nanceslurtoer, -•9'l�:na.nx�';RItI ,1_2:�'aifd, 'Reguest:f¢rya,+�dri�tice �Yiider' $ecriggqss���0��;;and IvIfcRIE�SCIli7I INi 5.97;1: •,Sechon=iTpd1 44''baseil'son'ihe=,,}i'sed'S',on a wlding6 uildtn"' t q 1 m J�spteC �,s,�ugusf.11, . 1nse tp;.s,-Aiigusl' O5, ,Re ue f`sfor?•a-V anoe•unde r' S? 1",20d5 sisatce:.o1;�isap�ioval,' ges �d;L�To ce ofisappjOtY$1;; Sections 100-242Aand-10,0 24,, g r' conGf miugrproppseil'•raditions spon�ctingdgvGiiig at`dlesrsthan 40 ,1o`capeoA oktiGPn sgputtLudn� and''alteratigps:;atnlessap JU f PC � F,thF49$t lot lme and' asCbu}ltae�sgiy�skteligt(i,lesi feebggta,swgleside;XardtandLless iesstliau50•feetfromthe:reazlot •than by feet•$Pm the front lot ; thaw;=5rleet for:'gambined'}s}dc yUe;on this:21484.sq.-ft.'comer ",line,•and (2),proposed'fencmg} XaFds�otai;t a9d:lotjicupg;age'td' '.lof--:Location=of-Property=west-wlticli willexC ed the Gade'ssl lt.j. eacgess tofftheiCgde3s52Q/o lnmta= Side+of:Sound koad and 69435; !height liittitibn ivhen'locatednm. ripn;flnyth}s�4;1 8`sg-ft:lot-11ie i.R,48,aftntersecti0nwtthwY-S a front'yatd and vrill exoeed`6.5i new.c�nstruchos wall_constitute `R6u&25,Greenport CTM354- f1 heiotJtmttationwhe'Ic. GdT a ne`wtot}conformance'and 1 ; j;.. ;,; =ra side yard'`Location:;1fi95t, increase the degrees?of;'ezts4g '�f � Q1tE ';Meadow B'eacli7 ane,Mattitiro]i s' i10A5_a:m: OD itbxiconforma"ndei:�•.�,Iroe`ation SO5773:) 'Request>4ot-',OTM'd1.64=31''. 10435.)'eco`iiio"tBay{Bouleuapdf WanancesMttndertSectiPns,'100-3 rj:150 1'M r•itElIIEtZRING'tos Mattiftf&;lF�TIv1sIU!1:-24A=n,E r. and:'1'00-242A"or sed'on the,;;recon`stder f ,decision reh-1 }'9:20)txa:m:: «0 ERRI7 ANI�t,; B;uildin,g•Inspector's:Qipnl'2Z;'>=,;dered''3ylay'�-2-2005), in ttiel \a Di�IELL-'0.7(arid:}1 RAND jL>^: 2003:IJotice,of'Dtsapppioya;::lvfattex'.•ofithe<Appphcahon=of W. RAYNOR t:aiid'• .iBERTHA; c n erniri ro osed additions„BRLI E;%and' MARY ANN' '�6I,wtth.a:'V-,Life 4 �, _ g �E,-P. O_ t� `Estdic4enancy #5777•:RRequest and•alternrions enth`-aa'-inci0ase�,•=BOBLMAI�,#5680;`Request for nnder2oning oMSectionJIOD= the lbditeofuontfian"marice':,_sV�apcesevn'Oh' e-ull1Irig, 31Bx�,for,,"aaSpecial!^Exbeptidn w�hen,located`less,than"'60 feet'_Lr244;_.based�,Dit`'tlte,''Lutldipg; frRm tfie'front'1pt`'hae;'at"3805' 'p'epartment s-• 3;-,20051 concebn}ng tf,au::^"rAccesso Alvahs{Jane,. tltchogue;•CTMt_ 1 tice:ofDisa pio'yT;concem; A`aitlrien :proposed,to`lie.mod; P. P aQl-2=24:4;; ' iPg ap p licapon for•4 burlagi i ed,,aftenralterahonsa,andiaddt:' !:10i55 :a mt =zALBERT and-: emvt tasut stantiall'remove or uoris}noheQaxtsttrig:tdavelGngg $ A„R$IBL'_ING;;#3775: `demolrsli:'eicisting d ellingg,and (Special'; We rib it 4665 Re uest.for WmihaIlCes,•.under='to'Ido`'tiiie$•ehT &sin 1el Pamt1 ' wastti"slued-fwathconditionsfon q, � . _ Y, g,_ Y,T $eCfions��00 30A 3''r;`IkO;d'ION"dwelling:�l)atliessltlian 10=fe_et, 'April 2)2 1192tfoz)tlie,e2usting 2y14r;based `on,Xhe,Bwilding :gn,+a,sipgTe side;(2)at less'tli` = y� W1okh A enue0 ttituek 1hs dct_"Ibs ''AUVUu ',',3;,: 2005 ,25Pfeetlgbiribined'sideq'ards; 3); > oti e,vof>Dtsa ro l co cern-;•' b:'couera a exceedari the `, y.. P�, dS iti 4 cv de 1 4, �`6 $% 5^• 10.00'-, .THOMAS -mg Propose addition' ands-.cgsie+liix}itationof:,20"perceiit, . alteratiC to -the•.'existing _ark$'.(4)'atYess tlian 75 feet;frdtn; --DeMt1GGI0 #5 F58:'a eVest •divellirig onlhts'8,112'sq.;ft.lot the',tiulkheid l t;_I oCation 'bkl for_a=Uanance under Sections ectio s µ hA wllLuicrease the de ee of .grope gr rty:t' 1755 Trumaiis"-Ea t„ lOQ=4 7tyand SlQOr�g4 ¢ setback".nonconformance,when.-BastMarioj;=, v1:31-13' thD§ur&Ei bepaihnentsJuge "iooated•leisthan35.feet'from-the '='2:d5:;ji:ii%'""=lEI7NIFER•B:; EGe11 Ct1~', s r Q;2Q0 .N4hcu}of Ail pproval real',properfys line;'and:under. 1GOijI Ilj 1 k5;71�J; erxmil -S`OPYTIDIO ,ZON con eirirngas vadditiogwlncl} echon, 100�239:4$ fot;new=- r " `ses o tTNfy;�,OAIYIIt©1APsk'P' S`t wiTl),creatd-a'new noneonfo`r- tSless 75 p dWgd`bYI'- v ( 1 `Q 'ytSTy$TF1R�Bi✓R mfanQnaudfol�increasetlie deg7ee P m the b75 I land u ocaft x of;,D c sign `of Ntlie z0$kIvIAN.i 9 2.QDSt TIB Ct *:, ` gQnfpmian os hdhflocat- ed.,tless ttlamlp feet,o p smgle' P ' 4., -f„ g NOTIOE13- i'HR$Sl�{ siile,yard =af,735`'S'mitli lZoad; '`iTeenport;;CTIv137 2=32.~ Xitspector ;to Tissue,'Burl`diii 6I�IEDTep>?Fsuanfi8actitius�l67 _;Peeomc C1M.98 $:; r 1;00 p m•.•MAItIA`TRT9EIA "'peimit:;�f6u: 232=z,dated;Tpttetl Iavu C t: ""10II5.�am.',%ANIFLONI'rand #5768.Rciiuestsfor: (a),S"ecia1,,;2g ,•?005; and,;all':sh6se uent �3 p q f+AM.., +,694,;.,>_P,gF'=' ` : ' p f apder 'Biiildin (IO jZo Cade-0 the dwn Jpf�td3�T1 ti�KR(1PE,�v0,760; ;dwellingunderSection 00a31B,''-p�ermert�e3123Z:z,;inwliichthe�-- ;Q soYitl >tkeddllo& g�ublicl-3Request?,f rR.Varianges`xiunder, ?oTie " yFtxe�e ,;hy'wthet, 'Sgepons',1 aud,1-00 2 'a°d`c(Ir)rLot Srze;Vanance under, e4tile,',,:)°ubd&tiort,`was reinovd �t �a?"., i '1Sectio $00 32,.$ulk;Schediilei'^'pd''a'bui ding eight Qfi30 feed ,tOn. • i tiding. } }i F?F� 'S�.a�'t`)lt�� t'�all,�.-• p � q •fdrl a'two;,faritil�.;;dwelliig"`on�a�:�a tli`}}�ea;�?n=,dontraveatiop.;A t. P ' Iiis ector+s Tul3`�<12 100Sanien8= less;tlian•80000 'u' R" dX7� 0 -::edstlTo Fofalltsa royal^dons: 9coritaittingg °tngr,Boaril ofAppeals'.c(eci- Iy1a t '. PP rlaie-feet:,;'in dh event` 'van='- fi d' ? x€ssR9d1R�rarkt.;carning;,s�}yPF4P9sgdaddrtlo 4ce,and "a. s ott 1G, uniTer = - r--:, a3 P andtalterarions yat�lgss,'jAa �5 anted sutliorizatio+is equ`est o'gam. 5 $6., ,l oca oif ' Septeber:2Aa g 'e_:feet an.-a'smgteetsideard L�(b}` .for ocbu anc;in'g un3fofithe`., p 7 Trumann_Pa ? . `nbf`asd!?beJb"t(off as Saor#',td"ere-;'accesso `,slie fiiidthi n?of,a+neW'-`t•d..a g^r P" 3? g`�,_, 1,1ast lar?4n;o Apj-13 4:``,'•F Stble)•,r �td�Jki.` ry �k= -extstin dwelhn to,caze`=poi: rx eBoaz ofA pealswillliear asj os 1' membe ag u F c L.andl =teplacld.9 t QreXlSpilgtsllPO,and';' Y X(S'faltered d°,.;'1}„persons;ar thetF' pgr senta-; Na c �h n.q ,a eiy cFe so idazSeclforsoaiatelivmg-floor'"{,hues,;dpsiiuig,to.be beard;ori a ib4 i Q � ` d45 q fly 4. .Pa s, c�' ;. aQcessotY,,.tattl}@stnglFfam;;=?desi:w -to•subr%ffi,,yptten,state-I de�t [ aftancel_rg?; Gd.in a locatron'at))es g ., t sl, adv;elling.%,,j bcatiop:.'1115;_ nts;rbefq`ie,the cAnFluston:iO ' ps aaedr . ihan,ttie_. o$efu?r#igilivo( ,' rozgei:Rd �Ivla Tuck; :eacti;hearing:Eachheanhg. lie#B"' pt'oi? +Anus ` fedt? cfcatiogc3fopori}t360%, r, ram,:= will. �o r i' il@j s"&1(>R1iQ;512iaLLthl9}CSl�J� 1 Q7<r -4. fit' gAesr s,i2-4.,&not stag'eaxlieT�lan delignared'' $' a ailabl 11, 0> :; tiioisapji}ai esi4lggtta , .�;•, t x„*abhve:h, iles,'are v eor jig) 3� e .r�3.+$,Yr ,t ,.-{ e..,t:rsx..,r•'tl ;p,P•P4::,`;.ISER,; _Z�`;?review at�543a5 Main Road"at3c. e' t.. 4�r.t - f,0•)`5 iu' �+ t �� ..,,''r�^; Re ue t",f Ce u�YYd` s ,e u tr���' dt• ec ?:ZF $Yf r5 7 }iegtfes j Ual n N 's tc r'A sa s ;i4=vaiiauce{undgr„Sebtipri 20D? ? - A F: .chogt).0S12 r,,ased94;'',`Ge of 1� � ! 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Mclau hlin, being duly Nancy g you sworn, says that she is the Legal h ? "-+ --� 434 Advertising Coordinator, of the Traveler Net' Watchman newspaper r o a public printed �... k. Sufi 126, at Southold, in Suffolk County; and that # ?a.•;' �i��=��;� of a the notice of which t he annexed is a ' sv debi gran printed copy, has been published in said fron Traveler Watchman once each week Dj for...../.•••.week(s) su essively, strict -..• -,T,, � --\ Ri o f tra ` P commencn�g�on t e. l.. day } } ....... ...:��..r........Sworn to bef re me this.../��..day of the' ..... P% �rJ, 2005. Parr) ..... i infv 7 forty .. � .- racer w Notary Public dates �%' .��� •..,;_----....___-.--.._. Land RiVej Emily Hamill ` NOTARY PUBLIC,State of New York said No.OIHA5059984 look Qualified in Suffolk County their Commission expires May 06,2006 ✓'�� i� affect H, Mg r , MV be a il. belie shot' clout i f antic, Ise D strict i Duel 6 _ -40) + , , Densi boarq �j►/ De est taken' --spoke —-- — --- — — focus town indep Rii Cards Y.,,4 q//9 ■ Complete Items 1,2,and 3.Also complete A. gnature item 4 if Restricted Delivery Is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Recei d by(Printed Name) C. Date o Del' ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address ddferent from item'1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑No r 1r 3\Q W vC/t ar..cL ' •'� 3. S�er ll Type ((,� Cd"Certi I d Mail ❑Express Mail �Mo_^op' , k� Al l �C�l.t ❑Registered ❑Return Receipt for Merchandise J ❑Insured Mail ❑C.O.D. 4.Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - -— — - -- - (rransfer from service labeq 7 0 0-5 1160 0002 8.6 4 8 5876 PS Form 3811,February 2004 Domestic Retum,Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS . Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ■ Complete items 1,2,and 3.Also complete A. Signature' item 4 if Restricted Delivery is desired. X � ❑Agent ■ Print your name and address on the reverse ❑Addressee so.that we can return the card to you. . Received by(Printed Name) C. Date f Delivery ■ Attach this card to the back of the mailplece, � � iy �J �j 1 i] 7 5 or on the front if space permits. ll�� l V D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No JLc,nX�r . P, o N 1q 3. Service Type ErCertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7pp5 17,6� ��02 864,8 5890 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • - 13� C�ukcooa� Or i,„ii,,,ili,i„i,,,l,,,ii„li,,,i,I,,,il,ii„i„i,il,,,►„Ill y��17�: •1/' •► �.Zile[/���'Y�Y./6Y9X�iY[�7��L�7�7�7�AI7�:i- ■ Complete items 1,2,and 3.Also complete A. Signature item d if Restricted Delivery is desired, ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Receive by(Pri ted Name) C. Date of Delivery IN Attach this card to the back of the mailplece, /?� or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Om- R.6 e. r—ike u— /� 3rs � 3. SSere.' e Type �� to(�� C9'Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Articl (Tram PS Forr 12595-02-M-1540 Nlzb I a UNITED STATES POSTAL SERVIC First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �3 w Ou.¢c Wes- fir �Ci'�f.S v �!l?!�!1?I�ti�Fl�F?3llffil4f�f?fF�fiFl11�?IIlilFiit{�f'.iliflit Postal .0 'CERTIFIED-MAIL. -MAIL. RECEIPT r` •. Only; Provided) Lr) iwry rmation visit our website at www.usps.coma oZ-1-ir 1 sir � L U= r 1 E 119 co Postage $ 0.37 LWIT ID: 0971 ru E:3 Certified Fee � 2.30 M Return Receipt Fee Postmark (Endorsement Reqwred) 1.75 Here O Restricted Delivery Fee Clerk: KKQW .0 (Endorsement Reqwred) a '-q Total Postage&Fees $ 4.42 10/06/05 Ln �r C3 Sent T Z Mc ,J o h nT. --------- ------------------------------------------------- ------- Street,Apt No.; or PO Box No. 3ic� �QJd� Iv ��tµ� ----------------------------- City,State,ZIP+4 N"( 119�f9 IPS Form :ir M E YORKa Aw 100 .Ij ?' L Uf r . `O Postage $ 0.37 UNIT ID: 0971 fU Certified Fee 0 2.30 0ar Return Receipt Fee 1 Post Heme k (Endorsement Required) Restricted Delivery Fee Clerk: KKODRO ..D (Endorsement Required) r-1 Total Postage&Fees $ 4.42 10/06/05 Ln O Sent To o M - ____ � Street Apt.No.; ,Q -- ff �� �� or PO Box No.-OnQ —h.l�C,1CeTLI�f r � �-7� T1 Crty,State,ZlP+4 Meo 1002,0 PS :ii 0i Postal oCERTIFIED MAILT. RECEIPT tr CO (D.tnesffc Mail Only;No Insurance Coverage Provide Q E,64ioV HEY 471939 5' L U S-, L `O Postage $ 0.37 UNIT IDI: 0971 ru Certified Fee 0 2.30 0 Return Receipt Fee 1.75 Postmar Here k (Endorsement Required) 0 Restricted Delivery Fee Clerk: KKM —0 (Endorsement Required) 17=1 Total Postage&Fees $ 4.42 10/06/05 Ln O Sent To ----------------------- ---------------------------------------------- Iti orreet, of PO Box No. v r --------------------------"'c 3-Z------------------------------------ Cdy Srate,ZIP+4 1 10/03/2005 11:39 6317659064 ZBA PAGE 05 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK --------—---------------------.__-__--..........-X In the Matter of the Application of n AFFIDAVIT OF MAILINGS (Name of Applicants) CTM Parcel#1000- 31 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ��r�w�-►3erFin residing at 13�o O ce-lcc, poa— O ri�_ -- --- s� New York,being duly sworn,depose and say that: On the day of GeA-Dbe.�— .1M , I personally mailed at the United States Post Office in soc -�o k-�— ,New York,by CERTIFIED MAIL,RETURN RECEIPT REQUESTED,a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the(Assessors,or( )County Real Property Office So"-ice ox Z .for every property which abuts and is across a public or priv;�W street,or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before rra this �J day of �77 ,200 BONNIE J.DOROSKI Notary Public,State Of New (Notary Publ No.01DO6095328,Suffolk�C 9M� Y _ Term Expires July 7,20.5_L.�.. PLEASE hit,on the back of this Affidavit or on a sheet of paper the lot numbers next to the ?' owner names and addresses for which notices were mailed. Thank you. sc- 'C)OoDO 6o Cr J -oh r-, -'. (Sur 3 C-) WL)L) �eno � �cr yo a,--\ G 3cj fro O, .13PI"T' l �4�p,`f,'<�n.,d i�^iii`•.;,.iii,i,•f�;�3,.q,ra ��:nv��tic;?;;; �•cs'2��3"y�it�.��`4 6 09/28/2005 12:08 FAX 2002 � M 'j,) J EC ]2005 Jesse W. Pe retz 1705 Truman's J 's Path SEP 2 East Marion,New YorkZONINCZ BIG RD OF APPEALS tyt September 27, 2005 Southold Town board of Appeals Town B all 53095 N-lain Road P.O. Box 1179 Southoli,,New York 11971-0959 Re-, Application by W. Bruce and Mary Anti Bollman#5680 1755 Truman's Path East Marion,New York To the members of the ZBA.: I. Jesse W. Peretz, owner of 1705 Truman's Path, submit this letter requesting that the Zoning Board of Appeals deny the application for variance s on the above property. As a neighbor of Bruce and Mary Ann Bollmaz I write this letter with great hesitation because I enjoy our friendsldp. However,the Bollmans' current plans require major variances for the .;onstruction of a new house that exceed the requests granted in the prior hearing. Although I was not ecstatic about the building of a second story oth top of the existing house--which was already extremely close to the bullllead-- I did understand that it was a potential right for someone adding to an existing property. But in fact that house and its full foundation has been removed completely, and what is being proposed is a completely new building from the ground up. I believe that something closer to the current setback requirements provide a more appropriate level of privacy and safWty, and should be adhered to. I want,to be respectful of the Bollman's rights to build a new house on their property, but I would be more supportive of variances that did not 09/28/2005 12:09 FAX [a 003 4 exceed tie zoning requirements to such an extent. I am aware that there are other requested variances regarding set backs from neighboring property lines and also ratio of the total area of constructed building coverage to property size. for my part, my only real concern is a desire that the building be set back to a more reasonable distance from the bulkhead--,one that will block less of our view of the bay, and furthermore, not set a negative precedent for all water front properties on Truman's Path and elsewhere in the community. Sincerely, Jesse W. Peretz SEP 2 2005 1 09/28/2005 12:08 FAX IM 001 .FAST TRACK Editorial @ Post Factory 161 6th Ave., i1th Floor. New York, N.Y'., 10013 Phone: (212) 6274662 Fax: (212) 627-1684 eXt. 261 or 248 or O 917-649-0701 FAX #: DATE: a TO: MUNI: i RE: (4 eA-Q(N -b� S�6­00 03 i I I OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 httu://southoldtown.northfork.net Email: Linda.Kowalski&,,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: DATE: / �/2005 RE: d( 1-9 MESSAGE: ( X) Correspondence or related attached, regarding your Thank you. Pages attached: .� OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095-Main Road, P.O. Box 1179 Southold, NY 11971-0959 htta://southoldtown.northfork.net Email: Linda.Kowalski(a,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: DATE: 10 / S� /2005 RE: w- i 1606- j 13-0 `74' MESSAGE: (X) Correspondence or related attached, regarding Thank you. Pages attached. //� Albert J.Krupski,President �tF S0!/��, Town Hall \ ,)JamenQg,Vice-President ,`O� Ol0 53095 Route 25 Jie Foster P.O.Box 1179 Poliwoda Southold,New York 11971-0959 A.DickersonTelephone(631)765-1892 OCT 4 20 Z U S Fax(631)765-6641 er 3, 2005 Zora�aQIQ BOARD 'oF APPEALS BOARD OF TOWN TRUSTEES Mr. W. Bruce Bollman TOWN OF SOUTHOLD 208 Main Street Greenport,NY 11944 Re: W. Bruce Bollman 1165 Trumans Path, East Marion SCTM#31-13-04 Dear Mr. Bollman, The Board inspected the above referenced property as per request of the ZBA for compliance with the Trustee permit issued April 21, 2004. The Board found on site that the new foundation is 22 feet from the existing bulkhead, with the hole for the foundation at 19 feet from the bulkhead. The plans that were approved by the Trustees as per Permit# 5901, as depicted on the survey prepared by Joseph A. higegno last dated May 6, 2004, approve construction of a new two-story dwelling on the same footprint as the house that has been removed. In the field the Board found the construction to be seaward of the Coastal Erosion Hazard Line, and seaward of the demolished house's footprint, according to the survey. The applicant may be required to apply for a Coastal Erosion Permit and may be required to move the new construction landward by several feet. Please provide this office with a survey that shows the Coastal Erosion line and the location of the new foundation. Please contact our office with any questions. Very Truly Yours, Albert J. Krupski ®® President,_aoard-of nistees Cc: Mike Verity, Building Department Ruth D. Oliva, Chairwoman, Zoning Board of Appeals OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalskinu,Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: Qh�4 '&'-')-w DATE: 3 /2005 RE: Z � MESSAGE: (X) Correspondence or related attached, regarding=4 ,Xi6v�� Thank you. Pages attached: LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 1:50 PM RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680. 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 or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) -765-1809. Dated: September 12, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York-11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 1:50 PM RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680. 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 or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 9, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 4 � OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 543 75 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 IbAIA-, TRANSMITTAL SHEET TO: FROM: ,{�,�/� DATE: 711-)- /2005 RE: ( / �� 105 Agenda ($r - MESSAGE: 0 Correspondence or related attached regarding the above for your information, fla Thank you. Pages attached: 0/01/ . 1 APPEALS BOARD MEMBERS of so yo Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �OQ Town Annex/First Floor,North Fork Bank Michael A. Simon �lireo 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631)765-9064 September 9, 2005 Mr. and Mrs.W.Bruce Bollman 240 Grange Road Southold,NY 11971 Re: Re-Hearing of Variances Granted May 12, 2005 under Appeal No. 5680 (CTM 31-13-4) Dear Mr. and Mrs.Bollman: Please be advised that the Zoning Board of Appeals adopted a Resolution on September 1, 2005, reopening the hearing under Appeal No. 5680, based on the development of new circumstances. Enclosed are copies of the Notice of the Hearing scheduled for 1:50 p.m. on Thursday, September 29, 2005 at the Southold Town Hall, 53095 Main Road, Southold, New York. In the event you have an attorney that represents you, we request a Notice of Appearance from their office for future communications and procedural steps. Our Department has been in contact with John Bertani Builder, Inc. as continued agent in your behalf, and a copy of the Notice of the Hearing with letter explaining the requirements for posting of the town's sign, and requesting that certified mail notices be sent to neighbors as required under Chapter 58. Please do not hesitate to call our office if you have any questions regarding the hearing procedures. Thank you. Very truly yours, Encls. Ruth D. Oliva Copies to: Chairwoman Mr. Albert J.Krupski, President Board of Town Trustees 0)2 APPEALS BOARD MEMBERS A�\OF so�l�yo Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road -P.O. Box 1119 Gerard P. Goehringer ' Southold,NY 11971-0959 Vincent Orlando G Q Office Location: James Dinizio,Jr. "R`�. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon zpi; coum,� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 -Fax(631)765-9064 September 9, 2005 Mr. and Mrs.W.Bruce Bollman 240 Grange Road Southold,NY 11971 Re: Re-Hearing of Variances Granted May 12,2005 under Appeal No. 5680 (CTM 31-13-4) Dear Mr. and Mrs.Bollman: Please be advised that the Zoning Board of Appeals adopted a Resolution on September 1, 2005, reopening the hearing under Appeal No. 5680, based on the development of new circumstances. Enclosed are copies of the Notice of the Hearing scheduled for 1:50 p.m. on Thursday, September 29, 2005 at the Southold Town Hall, 53095 Main Road, Southold, New York. In the event you have an attorney that represents you, we request a Notice of Appearance from their office for future communications and procedural steps. Our Department has been in contact with John Bertani Builder, Inc. as continued agent in your behalf, and a copy of the Notice of the Hearing with letter explaining the requirements for posting of the town's sign, and requesting that certified mail notices be sent to neighbors as required under Chapter 58. Please do not hesitate to call our office if you have any questions regarding the hearing procedures. Thank you. Very truly yours, Encls. Ruth D. Oliva _ Copies to: Chairwoman Mr. Albert J.Krupski,President Board of Town Trustees ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. !! ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we ca;,I eturn the card to you. B. Received by,(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front ff,space permits. .1j D. Is delivery add iffe ❑Yes 1. Article Addres�sed to: , If YES,enter de a ddl belo Or ❑No W 1 0 V tD t/3 tac 3. Service Type -5 Certified Mail ❑Express Mail- 7/ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service labeQ •7 O O d C2(o 6 G 'Q��;r� To/ J- "7 7 PS Form 38114 ftebruary 2004 Domestic Ret�i e eip ;' 102595 02-M-1540 ' r UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 'r po ?ok l> �9 •y 1071 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net .August 31 , 2005 Re: Town Code Chapter 58 — Public Notices for Thursday, September 29, 2005 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler newspaper. 1) Before September 15tn: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by , CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to ,you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND before ,SEPTEMBER 15t": please either mail or deliver to "our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white°'receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2), Before SEPTEMBER 20t": Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (`T) days and kept in place till the hearing date. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting at the meeting, or mail it to us by September 20th. If you are not able to meet the deadlines stated in this letter, please contact us promptly.- Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff - Ak Ends. J1,30V z6 e-tcfV4,9 SUFF�(� Office Location: 0�0 COGyJ► Mailing Address: Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) — • P.O. Box 1179 Southold,NY 11971 col y O� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS ' - TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax-_(631) 765-9064 :j . REPLY MEMO To: Building Department Attn: Michael J.Verity,Principa g Inspector From: Ruth D. Oliva, Chairwoman,ZBT Date: August 23,2005 Re: Building Department Inquiry-Bollman Property CTM 31.-13-4 As requested, this will confirm that Pat Conklin, Building Plans Examiner, on August 4, 2005, telephoned me, via staff, stating that the builder for Mr. and Mrs. Bollman (John Bertani) was at the counter, stating that the existing foundation was crumbling when they attempted to dig near the foundation, and that Mr. Bertani asked Mrs. Conklin whether or not construction to repair or replace the crumbling foundation may be done. Based on the information given to me at this time, my reply opined authorization to replace for the purpose of the repairs needed. I understood the request to be an emergency, and I gave the opinion of approval as long as they replaced it "in kind, in place, in the same footprint only." On August 51h, the next day, I asked Pat Conklin to obtain written documentation from the builder confirming his request of the Town yesterday, and also a certification from the engineer confirming the conditions found. I understand the Building Department was in the process of receiving plans for this modification, and the builder and engineer furnished letters to the Building Department shortly after (with copies furnished to this Department). . /d J JT[0 , 1 7, 1 0-7 n,,of dtho(d ZBA ERFRA Q "rile" §E P,�� -App,* Name 0 Tax, Map 0 R ., I -, " I -.oord,Mqmb�r ]James Dinizio r i. LEJ-Un 'er_O�Ot �jr Search: HearingTime. J-)O)CPIV Othe File r]5680 Tax Map: A RUCE &MARY ANN Received Date: Tot'."Fees:, $606.00 Hamlet - East Marion Date.forwarded-to.Town Clerk 2/10/05 Type: Residential J­Zon�,�­ Conditional Approval 'Meeting-Dates Building:Dept: StiAus:­ �Achon:l­ N ate 2/3/05 , Location: Meeting Date I DD ar 3/31/05 Hearing b6to',.' "ND 06t6`2 3/31/05 i Short- Bulkhead setback and lot coverage for house V! I "g ........................ Desc.- substantially rebuilt/replacement of existing, 100- Hearin g'Date Z-- 5/4/05 -AD,Date,3 ,I COPYF 244 and 100-239.4B 5/12/05 approval. See Board's I " , , 29/05 �ND __j Ij Hearing'pate 31 9/ 12i Date,4 9-Ll/-Q5-Res.o.t.-r-eoQ-Qrjin-cLP.H-,,-,alsQ-.r-ef.Gould,.AQDe.a �Heclring,Date4 _AD Date'5 t I Notes; ND'Date,6[ Applicant chose to rely on 21% lot coverage calcs; 8/9/05 upd: see engineer Itr ref crumbling Hearing Date15 foundation &emerg. reconstruction. (5/4/05 PH A k# Fti6ri.Date,:,. ND D 1[,l oDi)-os-e-cj-�y-J..GQ-uLd-Y-AZ7--0-023-w-or _foonjlma . .ate7 IEO!"A CAPS 1 FNUM Develop.,d,'py the SdUthold-Town Data Processing Department 7� A APPEALS BOARD MEMBERS ��Jf sv�jy® Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �O� Town Annex/First Floor,North Fork Bank Michael A. Simon Ol,Ycou 54375 Main Road(at Youngs Avenue) ( ' Southold,NY 11971 http://southoldtown.northfork.net s . BOARD OF APPEALS G o o II.1 $EP �' TOWN OF SOUTHOLD o.t - Z -•y -n OUTTel. (631)765-1809•Fax(631)765-9064 F f a x. w September 7, 2005 41 4 o � Michael J. Verity,Print al wilding Inspector a r Town of Southold Building Department 7 C Main Road Southold, NY 11971LA �� U Op Re: September 29, 2005 Public Hearings N Building Permit No. 31232-z dated June 28, 2005 (Bollman) ZBA Files No. 5680 (Reopened) and 5781 Dear Mr. Verity: Please be advised that public hearings will be held by the Zoning Board of Appeals at the Southold Town Meeting Hall, 53095 Main Road, Southold, on Thursday, September 29, 2005, commencing at 1:50 p.m. regarding the above application. Notice is given as required by New York Town Law, and enclosed are copies of both Notices (pertaining to the 1:50 p.m. hearing for W. and M. Bollman, and the 2:15 p.m. hearing for Jennifer B. Gould regarding the same permit and project). A representative from your Department is requested to attend and to answer possible questions from ZBA Members during the hearings pertaining to the Building Inspector's issuance of the authorizations under Permit No. 31232-z. Thank you. O:ere'y yours, A, & N�OL Ruth D. Oliva Encls. (2) Chairwoman LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section '267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday_ , September 29, 2005, at the time noted below (or as soon thereafter as possible): 2:15 p.m. JENNIFER B. GOULD #5781 concerning premises owned by W. BRUCE and MARY ANN BOLLMAN. This is an Appeal to revoke the Decisions of the Building Inspector to issue Building Permit No. 31232-z dated June 28, 2005, and all subsequent Amendments under Building Permit No. 31232-z, in which the entire foundation was removed, and a building height of 30 feet authorized, in contravention of Zoning Board of Appeals decision filed May 25, 2005 under Appeal No. 5680. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 6, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 1:50 p.m. RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680, requesting Variances under Section 100-244, and the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove (demolish) and construct a new single-family dwelling: (1) at less than 10 feet on a single side yard, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 6, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN 4.1 • LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, September 29, 2005, at the time noted below (or as soon thereafter as possible): 1:50 p.m. RE-HEARING (to reconsider ZBA decision rendered May 12, 2005), in the Matter of the Application of W. BRUCE and MARY ANN BOLLMAN #5680, requesting Variances under Section 100-244, and the Building Department's February 3, 2005 Notice of Disapproval, concerning an application for a building permit to substantially remove (demolish) and construct a new single-family dwelling: (1) at less than 10 feet on a single side yard, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to submit written statements, before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 6, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski Lin as U .1 'rtified Fee postmark p tage O U1 ..v� _ Ce Here f r1 Return Receipt Fee (Endorsement Required) ru 1:3 Restricted Delivery Fee C] (Endorse ant Required) II 4 CI Total stage&Fees P Nary (P a Print Caearly be Fom eted by mail L1 A C7 O Street, pt No,or PO B N 0 1 O l-- ---- i� -C,tyte, ZONING BOARD OF APPEi�►LS MAILING ADDRESS and.PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue,-Southold website: http://southtown.northfork.net August 31, 2005 Re: Town Code Chapter 58 — Public Notices for Thursday, September 29, 2005 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler newspaper. 1) Before September 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT' REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved,,which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County- Center, Riverhead, If you know of another address fora neighbor, you may want to send the notice to that address as well. - If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the, current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND before SEPTEMBER 15th: please either mail or deliver-to our office your Affidavit of Ma_ ding (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing. and return it when available. These will be kept in the°permanent record as proof of all Notices. ;2) Before SEPTEMBER 20th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign-is available for the additional front - -- yard. lease deliver your Affidavit of Posting at the meeting, or mail it to us by September , 20th. If you are not able to meet the deadlines stated in this letter, please contact'us promptly. Thank' you for your cooperation. Very truly yours; 33 Zoning Appeals Board and Staff Ends. -W NuTl � ."- E ur HEARI,N � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: FAM E : REHEARING OF BOLLMAN #5680 FIAP # EN 31 = 13=4 APPEAL: Setbacks and Lot Coverage REQUEST: NEW DWELLING after demo DATE : THURS . , SEPT. 29 , 10. 50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 1ONING BOARD -TOWN OF SOUTHOLD 765= 1809 r f Office Location: �0�0 COG Mailing_Address: y� Town Annex/First Floor,North Fork Bank ti 53095 Main Road 54375 Main Road(at Youngs Avenue) � ^� P.O.Box 1179 Southold,NY 11971 At. O� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Akg Tel. (631) 765-1809 Fax (631) 765-9064 5 DINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 15, 2005 ZB File 5781 —Jennifer B. Gould, 1820 Truman's Path, East Marion (as Adjacent Landowner) Appeal Concerning the Bollman Premises, 1755 Trumans Path, East Marion; CTM 31-13-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant has filed an Appeal concerning land owned by W. Bruce and Mary Ann Bollman, on the easterly side of the applicant's land. The Bollman property consists of 9,878.29 square feet with 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line and is improved with an accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department determinations under Building Permit No. 31232-z dated June 28, 2005, and amended August 9, 2005. FINDINGS OF FACT The Zoning Board of Appeals (ZBA) held a public hearing on this application on October 20, 2005 at which time written and oral evidence were presented, simultaneously with the rehearing held concerning this same premises under Appeal No. 5680 by the Bollmans. (The entire file and transcripts of previous ZBA hearings held March 31, 2005 and May 4, 2005, regarding the original application under ZBA Appeal No. 5680, and October 20, 2005 ZBA rehearing, were also entered into the record.) Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: ZBA DETERMINATION RENDERED MAY 12, 2005 FOR AREA VARIANCE RELIEF: In a decision rendered May 12, 2005, the ZBA granted a variance concerning Appeal No. 5680, in a request to retain the existing nonconforming location of the foundation, with reconstruction of the dwelling on the first and second floor and enlargement with small addition, as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, L.S. The relief granted was related to the location of the new construction areas, as follows: (a) setback at 10 feet for the second-story from the westerly side property line, (b) setback at 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. Page 2—December 15,200 ZB Ref.5781 —Jennifer B. C__._' w CTM ID: 31-13-4 (Bollman Property) APPLICANT'S GROUNDS: The applicant stated that the height (of the new construction and alterations) does not comply with the limitations authorized under Building Permit No. 31232-z, as amended August 9, 2005. The applicant also stated that Building Permit#31232-z should not have been amended to allow for the removal and replacement of the existing foundation. OTHER INFORMATION: Discussions were held during the public hearing(s) regarding the circumstances that resulted before, and after, issuance of authorization under the Building Department's amendment to building permit (No. 31232-z)to demolish the entire foundation. The applicant herein is the adjacent landowner west and closest to the new construction activities. Testimony was received concerning personal observations, activities related to the boundaries and adjacent land areas between the Gould and Bollman properties, the removal of the foundation that existed, the hole recently excavated for the entire new foundation, use of the existing accessory building over the years, building permits and amendments, as well as other extensive information. Testimony was received by the owner (Bollmans), their builder, and the Town Building Inspector, indicating that a new foundation plan (ref. Page 4 of 10 prepared by Penny Lumber, date stamped August 9, 2005 was approved as an amendment to Building Permit No. 31230-z for new construction of the foundation in the same place, and why the foundation was unsafe to build upon if it were to remain. The Building Inspector also confirmed that the Building Department contacted representatives of the Town Trustees and ZBA Departments regarding the proposed in-place reconstruction of the unsafe section of the existing foundation that was crumbling. ZBA'S REHEARING/DETERMINATION RENDERED for ALTERNATIVE AREA VARIANCE RELIEF: In a decision rendered October 27, 2005, the ZBA granted alternative relief concerning Appeal No. 5680, after rehearing, based on the Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.4E and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4)will have lot coverage exceeding the code limitation of 20 percent. The ZBA grant of alternative relief increased the side yard setback from the Gould property (please see ZBA Decision No. 5680 dated October 27, 2005, filed on October 31, 2005 with the Office of the Town Clerk). FINDINGS OF FACT The Zoning Board of Appeals ('ZBA') held a public hearing on this application on October 20, 2005', at which time written and oral evidence were presented. (The entire file and transcripts of the previous hearings regarding the original application under Appeal No. 5680 held on March 31, 2005 and May 4, 2005 were also entered into this rehearing record). Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board finds the same reasons applicable to this Appeal as that issued by the ZBA under Appeal No. 5680 on October 27, 2005 (grant of alternative relief with conditions). Page 3—December 15,2005 ZB Ref. 5781 —Jennifer B. Gould CTM ID: 31-13-4 (Bollman Property) The Board notes that the Local Waterfront Revitalization Program coordinator, Mark Terry, has found this project generally consistent with the program's Policy Standards in his memorandum to the Town of Southold Board of Trustees, dated December 20, 2005. RESOLUTION OF THE BOARD: In considering all of the above factors and applying New York Town Law 267-B, motion was offered by Chairwoman Oliva, seco1.nded by Member Goehringer, and duly carried, to I 1 DENY the application of Jennifer B. Gould, under Appeal No. 5781, without prejudice to the Court's determination under the outstanding litigation (concerning the subject premises, 1755 Truman's Path, East Marion; CTM Parcel 1000-31-13-4 owned by Bollman). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0). a,z, �- , &�� CZ11 Ruth D. Oliva, Chairwoman 1/2�/06 Approved for Filing Town ofSouthold ZBA_._ I O App. Name O Tax Map O File.No. . :Un EQt�a' Board Member James Dinizio Ste Search; er Hearing Time: DO PM !! E File Number:.5680 Tax Map: 31.-13-4 App. Name; BO LLMAN; W.VBRUCE &MARY ANN Received Date:./10J2Q05 Tot. Fees: w 6t3q.0 3 i Hamlet EastMarion ,E Type: Residential p Zone Date forwarded to Town Clerk 2/10/2005 :Status: Pending ZBA Action:.Denial with Alt. Relief7 Meeting Dates Building Dept. Location w 1755 Trumans Path Meeting Date. ° ND Date 1 2/3/2005?3 3/31/0 Short � Hearing'Date 1 5;, ND Date 2 /31/2005F} � Bulkhead setback and lot coverage for house: F=. �- . 3 Desc.: substantially rebuilt/replacement of existing, 100- I Hearing Date 2 5/4/05 ND Date 3 Copy �... � W i' j 244 and 100-239.4B 5/12/05 approval. See Board's !I _ r' 9/1/05 Resol. reooenina.PH; also ref...Gould Acpeal =i Hearing Date 3 9/29/05;. ND Date 4 l; Appl. chose to rely on 21% lot coverage calcs; Hearing Date 4 10/20/05' ND Date S 3 .Notes 8/9/05 upd: see engineer Itr ref crumbling !i Hearing Date 5 /27/2005. ND Date 6` foundation &emerg. reconstruction. (5/4/05 PH 11 ' Action Date: /25/2007 ND Date 7 onrJosed/J.,.Gould). 477,-0023�,work#.Bollmans.,.._ .° ... _� . 12/27/2006 10:03 AJ CAPS_ NUM 'j Developed by the Southold7own Data Processing Department' j QF $® � (/ APPEALS BOARD MEMBERS �� ly® Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer #i[ Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon coum 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEME® BOARD OF APPEALS to �(S/k►-� TOWN OF SOUTHOLD Tel. (631)765-1809-Fax(631)765-9064 MAY 2 5 2005 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 Sou old To n Clerk ZB Ref. 5680 -W. BRUCE and MARY ANN BOLLMAN Property Location: 1755 Trumans Path, East Marion CTM 31-13-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 9,878.29 sq. ft. parcel has 50 feet along Truman's Path and 206.07 feet along the south/westerly side property line. The property contains a one-story, single-family dwelling and accessory garage building, shown on the April 3, 2002 survey, last amended March 7, 2005 by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's Notices of Disapproval, issued February 3, 2005 and amended March 31, 2005, citing Sections 100-239.413 and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 31, 2005 and May 4, 2005, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to retain the existing foundation, reconstructing the existing dwelling with two-stories, and enlarge the north side with small addition, as shown on the March 7, 2005 amended survey. The relief requested is related to setbacks of the new construction, proposed as follows: (a) 10 feet for the second-story from the westerly side property line, (b) 12.6 feet from the easterly side property line at its closest point, (c) lot coverage at 21% (exclusive of waterfront dock, walks, apron, and minor step areas), and (d) setback at 35.2 feet from the bulkhead, at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—May 12,2005 Z-B Ref.5680—W.Bruce and M.•m CTM ID: 31-13-4 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several other houses in the neighborhood have similar side yard setbacks and related to the side lines of the lots, which are long and narrow. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is narrow and has existing nonconforming setbacks. According to the Walz Interpretation (Appeal No. 5039), the new construction requires a variance before the applicants a building permit may be issued for structural improvements. 3. The variance granted herein is not substantial. The existing nonconforming side yards will remain the same. 4. The difficulty has not been self-created. The side yard setback has existed long before it became nonconforming by action to adopt the town legislation. 5. No evidence has been submitted to suggest the relief granted will have an adverse impact on the physical or environmental conditions in this residential neighborhood. The applicant's have furnished copies of wetland permits obtained 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property and at the same time, preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by A Member Orlando, and duly carried, to GRANT the variances, modified as confirmed in the applicant's April 11, 2005 letter to the ZBA, reducing the height to a maximum of 27 feet to the highest peak, and setting back the new second floor wall by three feet (for more side yard conformity), as shown on the March 7, 2005 amended survey prepared by Joseph A. Ingegno, and hand-drawn elevation diagrams with ZBA date stamped April 11, 2005, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the area covered with canvas in the front yard (street side) of the house be entirely removed; 2. That the driveway materials consist of gravel or similar pervious material for drainage. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the; Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Member Goehringer'was absent.) This Resqfatl4n was dulvqdq to (4-0). Ruth D. Oliva, Chairwoman 50.Y/05 Approved for Filing 1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 3, 2005 *Amended March 31, 2005 TO: Linda Bertani for W Bruce Bollman 1380 Oakwood Dr. Southold„NY 1197$ Please take notice that your application dated January 18, 2005 For a permit to demolish and reconstruct a single family dwelling, at Location of property: 1755 Trumans Path,E. Marion County Tax Map No. 1000- Section 31 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, for this 9,878 square foot lot,located in the R40 District,is not permitted pursuant to Article XXIV Section 100-244. The nonconformingside ide yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet)minimum&25'(feet)combined. The proposed survey indicates a minimum setback of 5.9' (feet) and combined seback of 18.5' feet . Furthermore,the lot coverage as proposed is approximately 21%. The allowable coverage is 20%. *Furthermore.per Article XXIII, Section 100-239.4B, the construction will be non- confoming since the second story will be located within 40' (feet) of the bulkhead. Authorized Signature /7 • ,°' r APPLICATION TO THE SOUTHOLD TOwtq BOARD OF APPEALS For Office Use Only Fee-$ Filed By: Date Assigned/Assignment No. 60 d Office Notes: Parcel Location: House No.i!)5 Stree Hamlet Ecuri- 01(,c•cvw SCTM 1000 Section 31 Block i3 ]Lot(s)4—Lot Siz Zone District -40 I(4)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Fchr�,c�r�► 3{ 2U0� cutil�'__� 3��r ` �� ApplicantlOwner(s): Mailing Address: ln(1c-t,-- (+ram- * Telephone: LO b i—yS�- NOTE: Irappiicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: J Ohn Address: i 3 V _r,joaj— (,)r►u-(-, s 0ti fl , - 11Cl Telephone: �t 3 i l l o�� I�� t" 6 31 - (76 -511) (o Please specify who you wish corr_5spoxidence tb be mailed to,from the above listed names: ❑Applicant/Owner(s) E Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATEDL 6L/)c c 1 l'�2do FOR: // "viliding Permit ❑Certificate of Occupancy O Pre-Certificate of Occupancy O Change of Use ❑Permit for As-Built Construction p Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordina.y ce by numbers. Do not quote the code. Article XX\ Section 100- J�qj_Subsection Type of Appeal. An Appeal is made for: W� Variance to the Zoning Code or Zoning Map. O A Variance due to lack of access required by New York Town Law-Section 280-A. a Interpretation of the Town Code,Article Section O Reversal or Other A prior appeal O has D'has not been made with respect to this property UNDER Appeal No. Year _ t Page 2 of 3 - Appeal Application I Part A: AREA VARIANCE REASONS (affac�I extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted,because: Si,,crC A o+ � h,,m e.r o n 'Trt.rncw�s pcQ.tt e-Lm f-o j-m +19- c-s►rA i k�F s�+�ctc-a, e- +-0 `ti i, Io+ s 11 a .s o--'e- CL9" r3 - how b L.Li ` XC-,rc_. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: ��u-e t-� `4 f� -�u�}►on' obaol cx�� opt- *f-p— hon---14 L-how e-hod i-o be,-t-ak-,e*A &ow n "b �¢. fo�dc,�,pw u�h�a�• mil\ he- ur W% -c,- S,m t m ll�o� t o+- c., crccti:A r PcLr� --o� (3) The amount of relief requested Is ne-o"I s i bi6n al because: T+ S �n lcxc.e nkiv tGc.�rncF1�- 04- c�►ti �F ai,n �om� �IV-C— M The valance will NOT have an adverse effect or Impact on the physical or environments conditions in the neighborhood or district because: T-1- %s � �kk+t ;w (5) Has the valance been self-created?l ( ) Yes, or (Vl) No. if not,'is the construction existing, as built? (✓) Yes, or ( )No. (6) Additional Information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) e, to 14-e- e4 i i-hn ncc.rr Io+ C0o\J-oL"1 o 4 f-1-1n (u o-Cxnen i- oi- J c e e_r- s n r) rn u.c.L- leeaa c� This Is the MINIMU that Is necessary and Mequate, and at the some time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ' ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCt STANDARDS. "(Please consult your attorney.) Otherwise, 2lease proceed to the signature and notg�area below. � d��• Signs re of Appellant or Authorized Agent Swom to before me this 1 (Agent must submit Authorization from Owner) day ..�200s_ - '(Not&ry Public) LYNDA M BOHN ZRA App 9130102 NOTARY PUBLIC,State of New York NO.01 B06020932,Suffolk Countyl Term Expires March 8,20n 1 gl John Bertani Builder inc. 1380 Oakwood Drive Southold, N.Y. 11971 (631)765-1594 FAX(631)765-3916 March 7,2005 Re: W. B ce Bollman#5680 Ruth D.Oliva,Chairwoman Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Mrs.Oliva, It has been brought to our attention by Joseph Ingegno Land Surveyor that we are over the 20% lot coverage requirement. We are requesting a variance from the lot coverage requirement due to the following reasons: 1. The home, garage and walkways are existing and as in-place, in-kind replacement of the existing home on the same foundation with a small addition and second story addition it will not change the character of the neighborhood as several homes on Trumans Path have a similar over the lot coverage situation due to the lost sizes and ages of the homes built there. 2. The amount of relief requested is not substantial because it is only'2.29%over the allowable 20%. Sincerely, Linda D. Bertani Vice President 4 PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): UJ 'Jo Ik MO.--- I. If building is existing and alterations/additions/renovations are nrouosed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: 15"X 1 a'S" x I Square footage: l o B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existingbuild* uild* D mensionstsize: I a' 'r X/to ' a 9,G " x Square footage: 3 9 U. If land is vacant: _ Please give dimensions and overall square footage of new construction: Dimension/size: Af g Square footage: Height M. Purpose and use of new construction requested in this application: 4-e nn.o It Sh. ck r,d- C n e,LJ o s , n cv qjnlk t;)s, In cI,cl_d%�, kii,� IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): . 1 he, e(m A•ot�,rs cue.. d-p—nk wi i-t-, o`►h Nr Jim" Son), ejmi-or'n,- 'l-o 0— ScinAoLr Cld-e.` cd. S���cLttor` o+- `l-,Q_ o�rnes. V. Please submit seven(7)photos/sets after staking comers of the proposed new construction. 7/02 Please note:Further changes,•after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department(765-1802) or Appeals Departm (765-1809) if you are not sure. Thank you. �� `t `� t SEA�t a Ft. i!:'�.r+ 'J•di;i:�!., w��# ����"S. t ,�I I Y w. _ sw" `-... .' 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'^�a »?'• w'�c. { i ti,'a„[..4"' rS� `a`(`�c.V= d n.. .S'�-' {�.> w .r' +src:'r•"'d»"d��a-'r'�'n.r- ti*�:.-`ni �,".. ..,a�"tr�,.'1*e_�•s r;,sa>��^.r. kriN-s+ '�s�'`G�-Cy��''`"'r r,. •Xa'4'�^`»i,t,.-.ar fi x ate'i 1 Fr y" ''nL a� •'.;7^-.es�'r•. ?` Si• -vE �' "s3 r V^rwti ''•' �:� {;�'s"�%.�.�5;�"---�.f' m lr�':• •.r''^� fir' � r,•., -�'�=.: ,•.� � X� ,,^ •: '+-,'��N. •. ,;�- ` .�_ a s' _ _ -„ �,.:' :.°,�*,�-ay. �'�*,'+u�.,1 ;yam.�i_ _ _ °i• f x .{t' <.� _� _� �•'dc'�r_,,,r"�5,`y x�ky4y,�a�j'4t�y4r.�.w:i �,�•� .tr V a's, '• ',- _ r'4'rt.:.Y ILrt"-1���;�>"•S_t-'�s«• ).��p.:+tr":;�C, c'L.q Y`� r x��,Yr�� ,�„�, d-_, ' `� .� n� y� A,S, L+jy�.'"'t"�"')��{f•.Sy.���'M �, ,.,C���,!`,i.y,�`.1�Y' tKi �.��. j.ln, mil` .Lid'.'at +e.ka+e+Ya.:' -��'�ii�t�.iti+2JV k,. *v'•• �`"il •y�..,5^"+^fpy.}>i...:�� �A l'-aq•;l. .�'r New York State Depar ent of Environmental Conservation Division of Environmental Permits, Region One BuHding 40-SUNY,Stony Brook,New York 11790-2356 Phone:(631)444-0365 - FJM(631)444-0360 Webs-be:www.decsiate.ny.us Erin M.Crotty Commissioner LETTER OF NO JURISDICTION-TIDAL WETLANDS ACT W. Bruce Bollman April 22, 2004 208 Main Street Greenport, NY 11944 Re: Application#1-4738-03338/00001 Bollman Property, 1755 Truman's Path, East Marion, NY SCTM# 1000-31-13-4 Dear Mr. Bollman: Based on the information you have subnAted,the Department of Environmental Conservation (DEC)has determined that the property landward of the IT elevation contour, as shown on the survey prepared by Joseph A. Ingegno dated April 3, 2002, is beyond Article 25(Tidal Wetlands Act)jurisdiction.* Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661) no permit is required. Be advised, however,that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary,as indicated above,without a permit It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vedetation within Tidal Wetlands jurisdiction Which may result from your project Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project(i.e. a 15'to 20'wide construction area)or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of-the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, R Evans Deputy Permit Administrator cc: John Bertani Builder Inc. MHP 36 file (kaf) . , APPLICANT - TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Vrohibits conflicts of interest on the part of Town officers and employees Ike_puraose of this form is to_provide information.which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary_to avoid same. YOURNAME: �6 4 MCUI - W • (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map „ Other . If"Other" name the activity: _ Do.you personally, (or through your company, spouse. sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood, marriage, or business interest. "Bus "ess interest" means a business, including a partnership, in which the Town officer oloyee has even a partial ownership of (or employment by) a corporation in which the own officer or employee owns more than 5%of the shares. YES NO > If you answered`YES",complete the balance of this form and date and sign where indicated. Name of person-employee(by the Town of Southold Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate lime A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or Uj D)the actual applicant. ap DESCRIPTION OF RELATIONSHIP Submitted thus day of 6,0_b(LLar-j Signa rsorscr r n.N ERAER SEQR 617.21 Appendix C Q State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Prdject Information(To be complete by Applicant or Project sponsor) 1.Applicant/sponsor 2.Project Name 3.Projt+ct location: Munloipality County 4.precise kmdon(Street address and road Intamecdons.prominent landmarks6 eta or provide map) ��.7 `���ma�S ��`N-• 1 �u�t+ tMr,.n w�,N.� t 1 G 3�i — ct'oSs s-�+-ee_-� ,2�. a S 6.Is proposed abdow (vj NEW ( -EXPANSION )MODIFlCATION7ALTERATION 6.Describe project bdeUy: •1'CuC"t- a-S�f GI W�-t t t�� �7�n P�►d�ln c.�- !li- c,�1'�'L.. G`•' nem OVc h t,e c crv�.r (f T.Amount of land affected: Initially- aeres: Ultimately: awes �� � � zq� �.zY &Will proposed action comply wtih eMUng or other eidsUng land use reshictlons( YES ( )NO If No,describe brletiy: 9.What is present land use to vicinity of project(descrdbe): ( j Residential ( )industrial ( )Commercial ( )Ag icuttural ( )PaddForestiOpen Space ( )Other 10.Does action Involve a pemtft approval or funding,now or ultimately from any ocher Govemmental agency.(Federal,State or Lopl)? ( YES ( )NO if Yes,list agency(s)and permlVapprovals: 11.Does any aspect of the action have a currently vaUd permit or approval? ( YES ( )NO If Yes,list agency(s)and permlt/approvals: s� �Ci 0 t C��� _(_0�( • So c,��4G.��� Tom:�Taw�-e•e_s -. �erm M Asa result of proposed action,wilt e)dsUng permit/approval require modltigtion? ( )YES ( )NO If Yes,list agency(s)and permigapprovals: 1 certify that the information provided-above is true to the best of my knowledge Date: _K-_O Applicant/Sponsor Nam ------------- Signature: ment Form before proceeding with this 88 If the action Is In the Coastal Area, and you are a state agency,complete the Coastal Assess February 4,2005 Bollman Residence-1755 Trumans Path,East Marion,NY 11939 To Whom It May Concern: SCTM#1000-31-13-04 I, W. Bruce Bollman, residing at 208 Main Street, Greenport, New York 11944, do hereby authorize Linda D. Bertani,V.P. of John Bertani Builder Inc., 1380 Oakwood Drive, Southold, NY 11971 to apply for permits and variances on my behalf regarding the construction of an addition to my existing home at 1165 Truman's Path,East Marion. This includes but is not limited to the NYSDEC (Regulatory Affairs), the Southold Town Trustees, the Suffolk County De p and the Sof Health Services outhold Town Board(Wof aste Water Management), the Southold Town Building Departmet Sincerely, W.Bruce Bollman Owner TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION-CHECKLIST BUILDING DEPARTME>iT _ Do you have'or need.the'following,before applying? TOWN HALL fAN- ( $ Board of Health SOUTHOLD,NY 11,971 4 sets of Building Plans'- TEL: (631)765-1802 Planning Board approval FAX:.(631).765-9502 Survey ; www.northfork.netlSouthold/ . ;PERIVIIT NO.• Check-„ Septic Form N.Y.S.D.E.C. Trustees Examined - 20���A�n�o,I�� _ , _ Contact: ; Approved /,20 A �'"` Y Mail to: Disapproved a/c bC� ' Phone: Expiration ,20 _ Building Inspector APPLICATION FOR BUILDING PERMIT - Date l(o ,'2W INSTRUCTIONS a.This application MUST be completely filled in by typewriter-or-in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. , • ' ti b.Plot plan-showing location of lot and of buildings on premises,relationship to adjoining preinises or public streets or areas,and waterways. c.The work covered by this'application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work' e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every•building.permit shall expire if the work authorized has not commenced within 12 months after the date of issuance-or has not been completed within 18-months from such date.If no zoning amendmenti or other regulations affecting the property have been enacted in the interim,the,Building Inspector may authorize,in writing,•t lq extension of the permit for an addition six months.Thereafter,a new permit shall be required:: APPLICATION IS HEREBY MADE to,the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New'York,and other applicable>Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The, . applicant agrees to comply with all applicable laws,ordinances,building code,hqusing code,and Iregulations,and to.adnait authorized inspectors on premises and in building for necessary`inspections. ph"n +c�e ri. 1f i�LU ld e rTp,� . (Signature of applicant oi'name,if'a corporation)' (Mailing address of applicant) A jV 1(4 7' State whether applicant is owner,lessee, agent, architect, engineer, general contractor, electrician,plumber or builder W • Name of owner of premises 13r l�t•.C.� '(3O��ry1 (As on-the tax roll or,latest deed) If applican-'is a corp oratio n, signature of duly 79-10riz ed officer ame and title of corporate o cer), Builders License No. JQ Plumbers License No. � ¢ _ Electricians License No. Other Trade's License No. 1. Location of land on which proposed work ll be done: ; r EaJ'�- House Number Street Hamlet County Tax Map No. 1000 Section t Block 1 I g,c a.f i.n 0, � Subdivision Filed Map No W W-rat? "{Ut"'z'`�' (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy, 0 < 3. Nature of work(check which applicable):New Building Addition Alteration' Repair Removal Demolition 7 Other Work (Description) 4. Estimated Cost � Jt�,'d c) J Fte � ` " $F (To bibdid on filing this application) 5. If dwelling,number of dwelling units 1 Number of dwelling units,on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures,if any: Front ;I-cl. Rear �Lq. Depth VWt © Height IG Number of Stories l Dimensions of same structure with alterations or dditions: Front acj . Rear act- r Depth `[ -.� Height Number of Stories 8. Dimensions of entire n9w construction: Front 0-1 Rear a5. i Depth L4 S--" Height Number of Stories 9. Size of lot: Front Rear Depth o�Ob 0 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated P6' f ia-CA, 12.Does proposed construction violate any zoning law,,ordinance or regulation?YES NO ✓ 13. Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO ✓ - art--r�y u�yy 14.Names of Owner of premises LA &LLee, �Jo(fin' ddress o'2�d' I`Ylc �s�►r�t� one NG. `f =0o Name of Architect RAn LGc vAA 'Address rcV4ijQorj—/VV Phone No J40 VA �2 7 Name of Contractor Address 13AD LAd J_ y Phone No. &f f 15 a. Is this property within'100 feet of a tidal wetland or a freshwater wetland? *YES ✓ NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES V NO * IF YES,D.E.C. PERMITS MAY BE REQUIRED. 16.,Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY 0Fcftl_1C1 (�d D_ being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the C'UY)-h'�Cc. I_ (Contractor,Agent,Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application that all statements contained in this application are true ib-the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi L day of S 20 O�L_ o ary Public Signature of Applicant BONNIEJ.OOROSIO Notary Public,State of Newlbik No.O1D06095325.Suffolk Term Expires July 120 I 1 ks J7 UPI -4 --. ---- ------------- ---- --- -- IJ "----' IV- r 6 - 4 BOUNTY OF SUFFOLK 7-- STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING September 27,2005 7R E1) Ms. Ruth Oliva, Chair OCT 2�05 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 °N1N° �OM ® ®F AP!t�EIewI Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicants) Municipal File Number(s) Bollman, W. Bruce � '� 5680 Angelson, Marilyn 5717- Milone, Patricia 5718 Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc G\CCHORNY\ZONING\ZONING\WORKING\CHRISLDWPR\BR#11 APR LOCATION MAILING ADDRESS H LEE DENNISON BLDG.-4TH FLOOR P O.BOX 6100 ■ (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(516)853-4044 APPEALS BOARD MEMBERS ! ��f SO Southold Town Hall Ruth D. Oliva,Chairwoman ' ,`4� alp 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �OQ Town Annex/First Floor,North Fork Bank Michael A. Simon �lif lrou 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809-Fax(631)765-9064 September 19, 2005 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5680 (W. Bruce Bollman) Action Requested: Side Yard, Bulkhead and Lot Coverage Variances Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 2 APPEALS BOARD MEMBERS �OF SQ�jy Southold Town Hall Ruth D. Oliva, Chairwoman �o� alp 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon Ol,YCO�(� 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 25, 2005 By Regular Mail and Fax Transmission 765-3916 John Bertani Builder Inc. 1380 Oakwood Dr. Southold, NY 11971 Re: ZBA Ref. 5680 — Setback and Lot Coverage Variances (Bollman) Dear Sir or Madam: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at the May 12, 2005 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. 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'7 ',','.} vr•:.'�1 ii,r35 :,;'";it cJ.l;s S.,�Y ,1 'J'e':i 'u.. r ly, ,�%:<�.r ,{'::%•,'+:ri,. �:"'+ '.y ,1;'� 5;1Gr•F.�{;, ^+m• �,!`, 'w:4�,ef 1,ri+(ir, 1 "c'+1 •`F'� .'I;.i r. d: 4'r,•t r.} �Jv ,{,;%t .5 S i,Sx:";`;r�', r y`", .;., nJii�i",• "et rru�,N^ ,5 ar491L`.u'$Y' Y�',i;� �ixi �e."d , .'�. .r';' „ „�.,r J�,� r •.6;'. ,.,t,,,,t•;` y4: ,(, #.,_ Y .rrr�'�r. ul., !r-i�`�iL.,�.s..S.'t}€Liti�.w.,� uss:l++x'tlins;t3~�,6,rn•r ,'C�.:^rtinwitti-�`:•,•371;'+ ,,,t,, r.':'.e ' yt'"ir�.'is.,5- �?<• ,<tt,.lcr `.cy.�.•• t.,�_., r;i;' :.,F.'I!,s.,. ,A,n ----mot -�, c r 1 N at li III I � I [4 IC �1 ` evRECE I� IN CEIVED I All 10205 G 9 2005 - ` ' --- �,�8... �� ~ Builder / �v�u�u� �����u�uu� �nc � | x 1380 Oakwood [)rive ^ JG U Ir 2005 �Y Southold, NY 1Q71 . . | | ` i y ---- +- --� (531)765-1594 v �> FAX(}31)7O5-3Q1O ----- � — CD CNJ August 16,2OO BoUmon-Pemnit Southold Town Building Department To Whom |t May Conoenn: At the request of Pat Conklin, this letter iovvhMan to show the sequence of events leading up tothe request ho amend the above permit. VVe removed the foundation plantings a1 the BoUman residence in preparation to remove the existing home. While we were in the process of dismantling the house, we noticed cracks staffing to appear in the foundation. Upon digging down,the foundation was found tobe less and two feet below grade We asked James Deerkoski PE to examine the foundation and he found that it would not be structurally safe to hold the new building. He has furnished your offioewith a report of his findings. As per his advice vw* requested an amendment to the existing permit to replace the foundation in the exact existing location. Sincerely, ( �� \_'^ John A` Bedoni ~^ President JAB]b �r z / 7;i'6 JAMES J. DEERKOSKI, P.E. 0. ���J 260 Deer Drive r�top Pq-T- Mattituck,N.Y. 11952 4-1 C1'D-;-r U 0 Ko-j (631)298-7116 i A To: Town of Southold Building Dept. {T i 9 2005FT i 1 Re: Unsafe Foundation, o Bollman East Marion,NY To Whom It May Concern: After a foundation inspection at the above mentioned property,the existing foundation is crumbling and only 16"in the ground with a minimal footing underneath it. This makes the foundation unsafe to build upon. Any questions feel free to call. OF NZ CD De r L� Sin rely I L 07 0 James er oski �®�F�SI �� RECEIVE® �d AUG 1 0 2005 ZONING 00AP0 OF APPEALS 31 -13—� -�~ .= ;�'� �s..• Town •o`f Southold ZBA ` Q App. Name. ^ O.Tax'Map ; O File No. O,II SEQRA Board Member James Dinizio71 O'Unliste• t Search: I� Other• ` Hearing Time' 1:)a)OPN File Number: 5680 Tax Map: 31.-13-4 App..Name:',.. BOLLMAN;W. BRUCE&MARY ANN Received'13ate: 2J10/05 Tot. Fees: - Hamlet East MarionType: Residential Zone;y — Jd pate forwarded to Town Clerk Status: 'Closed Complete Action:'Conditional Approval : Meeting Dates Building Dept.. Location: 1755 Trumans Path Meeting Date ND Date V1 2/3/05 Short bulkhead setback and lot coverage for house Hearing Date 1 3/31/05 ND'Date 2 3/31/05 Desc.:, substantially rebuilt to replace existing, 100-244 : Hearing;Date 2, 5/4/05 ND_Date 3 COPY . and 100-239.4B. ��3' .. •''Keating=Date;3. N6aD 4 Applicant chose to rely on 21% lot coverage calcs; Hearing pate 4. ND Date 5 Notes, 8/9/05 upd: see engineer Itr ref crumbling =Hearing.Date,5, ND Date 6jyqy{{ foundation &emerg. reconstruction. (5/4/05 PH Actiori Date:'; 5/12/05 ND'Date 7 Qw-o_s_ed_by_J..,.. -Qujcl) - 8/16/05 2:29,PM CAPS: 'NUM . _ DevelopW-1b the Southold Town'Data.Processing=Department J ✓l i Towii, ofSoutho.Id2BA , I��,� O App.,Name' .Q Tax: ap "U File No.; �.II sEQwa Board`'Member James Dinizio �. Search: :Unliste_ _.•,....,.,x. .,..... _..---- 11 Other Hearing Tirrie: , 1 �p)O P Nam. 'File'N'umber: 5680 Tax Maps , 'App.-Name: BOLLMAN, W. BRUCE &MARY ANN Plarining Notes Hamlet'{ East Marion Type; Residential ti Zone: See 8/4/05 authorization by RO (tel via Jayne to ��� Pat Conklin, with Pat C explaining emergency Status: Closed Complete ' A Action:'Conditional Approval with part of wall crumbling, also see 8/9 opinion from engineer). Location: 1755 Trumans Path S!° bulkhead setback and lot coverage for house T substantially rebuilt to replace existing, 100-244 lot-.Notes` = copy and 100-239.4B. Applicant chose to rely on 21% lot coverage talcs; d en 8/9/05 u Itr ref crumbling ;Notes P � see engineer 9 9 , foundation &emerg. reconstruction. (5/4/05 PH 2'30.PM CJaPS NUM' Developed by the'Soukhold Town Data ProcessingDepa''rtmenh .N /3 F F j VA r7l-1 ILIew e. 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's�:%.:ly.a,ti x.^^'C,r',,, r+t, t-'"t r xs ;'i' FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT i C SOUTHOLD,NY NOTICE OF DISAPROVAL February 3, 2005 S -Q - 3t��Io To: Linda Bertani for aNA W Bruce Bollman 1380 Oakwood Dr. Southold,NY 11971 Please take notice that your application dated January 18,2005 For permit to demolish and reconstruct a single family dwelling at Location of property 1755 Trumans Path, E. Marion County Tax Map No. 1000- Section 31 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, for this 9,878 square foot lot, located in the R40 District, is not permitted pursuant to Article XXIV Section 100-244. The nonconforming side yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet)minimum&25' (feet) combined. The proposed survey indicates a minimum setback of 5.9' (feet) and combined setback of 18.5' feet . Furthermore the lot coverage as proposed is approximately 21%. The allowable coverage is 20%. Authorized Signature 1 r Y w John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 4 (631)765-1594 FAX(631)765-3916 RECEIVED APR V 2 2005 April 11,2005 ^ a n_�p Re: Boll §0Wg' 0—1755 Truman's Path, East Marion,NY Ms.Ruth Oliva,Chairperson Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ms.Oliva, As per your request during our hearing, I am enclosing the Southold Town Board of Trustees permit for the above referenced property-along with the letter of non jurisdiction from the DEC. I spoke to Patricia Conklin, permit expeditor for the Building Department regarding a point that Ms. Gould and Mr. O'Brien raised about having a setback variance for the new construction not being set back 75 from the bulkhead and after conferring with Michael Verity they have decided that we must apply for a variance as the construction will be non-conforming since the second story will be located within 40'of the bulkhead. We are therefore requesting an amendment to our variance requests to include a variance for relief for the 49 setback from the bulkhead for the second story addition. Also attached is the notice of disapproval from the Building Department. John Bertani met with Ms. Jennifer Gould and her husband on Sunday with revised plans, which are also attached, and Ms. Gould called me today and said that she and her husband are happy with the changes and will inform the board. The changes lower the roof peak 18'from the original plans to a maximum height of 27 feet or less. We are also going to set back the second floor wall approximately 3 feet to help alleviate the non- conformity on Ms. Gould's side(west side). Thank you for your consideration. Sincerely, 0 ln.cic,� . Linda D. Bertani Vice President J s {�,y.,>� r;,�1,, ,,rnar�^� -=Ej'fi's '�-"'����9q�..•,'7"i•rs:�'',r,'•r• i' :'*"�r'A r5 -"rrs.'�.>ys�' �^�c nrr�7 ;�St�`,g�,,;a�•...;;r,;hry"'rtir frc N'�it''R. 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'•,{�..., ,•r;�,•a. r.,,.. ., ,., ;.,`.,.rs � ;' .' ,� „ �� ' .', rf''�' t r,�+'�:�i;'•,,''+x.•::r,1ct^.y. al'rs'Y�>'ta¢^=:i?;,,;i•i'f:.�tt,� 'r'„'�..,..... ,/n,.,..a.. »..., r ,., .;,.r ,'.,' � r_.,, .an;y�6�,.L.,... r+.:...„+•.s.� ,F ...»v.r• a•— r •✓Yr- �Ir Nr1....e,.4rY. r,•,•+.�..,w'.--«t�'�'¢��wL,h.,Yii..r.•rlr."..•.i,`:1"'a'...,.a...•,.•, � ,r-r........»,..-,,..a ..«,_,..r......>__....._,,._w.,....�.,..,...u-.,,,P....ry r. ..,.,.,�........... ......w.,. ,o,.,.w...,,.. •,..,,,... t ....,. _., ...a.r,w„•.u..,. r,..»�w-,.,..{.a. .w .x-w,.,r,a.,....,»,,...,.a.>--""^-•.—wr..-+-.�i,-.....w.r..�....rr.......w:.......5�..�.......r.._.:,i. l :¢ i• O I now OF ;t RECEIVES 0 'APR 11 :2005 = ZONING BOARD OF APPEALS L - 777 _•;-�:a�.�, _ `",;� •- �4. _ - _. � - ,{ - ', - ',;.``;;;-_,; -, ^{e - �� r, - 1, _ •', ...:-;:?'�_;a,, ' tFi', - �, - '3 jj ?, I�4 -TT a' - 'l • - - _ _ ,.--'_'_'___" -_..'.J„___.-- -. _ -_.-"__ _ _.•_ _.-._-__�_h� r J i,-i.,��r._-..ve � } ._.__.._.. ._-__.._ - - ____ _. ._ __ � - r �)� ,',V,".cs'."4v" ' - , �i_``-_4+�._...«+.�.•r-"d_..+�.� - -' _ .,a.-,. ,w__.-...,_. -..._r....,.,.,�.,<.,.._,.--,r.a> �r,,.,,..-r'�w,.�-..^ 'w4� •-' ''winr�^R,.^""..,���w.w.,�•.rr1'r, ,. w.� � - , - }:},�{ilr ._.` .. ..Svc.,-. _.. _ - , - t,---Y^•'•« - -I - I 74 WSW I..L�J-�.�.:..::' - I� i L�•z^""c•„�;-'R--�' - '{ ' � - tt ~Y o�; .. - ,�'�: - '-' ��.l,5•R:.r`�- tit l .,._...._ - -_—. — - - _.. _�_....-__,.._- .,.. ..,_-,,.---`._„ ...A. • ' _ - _, .,.._.�..,_......_,-,-,-,-.- -.-_ ._.._, .__ ",__-" "_,- _ - - - f. all all- 1- 77 i. 77 ��QQ V 77 John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 (631)765-1594 FAX(631)765-3916 March 30,2005 Re: Bollman Variance Application#5680—1755 Truman's Path, East Marion, NY Ms. Ruth Oliva,Chairperson Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva, I have reviewed Ms. Gould's comments and observations regarding the Bollman application for variance and make the following rebuttals: ----- Ms. Gould states that the lot coverage on the Joseph Ingegno survey submitt�:n March 7, 2005 has conflicting lot coverage percentages. Note#7 on the survey, which shows the lot coverage figured on February 14, 2005, did not show all of the items which should have been included in the total lot coverage. Mrs. Kowalski contested this and Mr. Ingegno was asked to refigure the lot coverage by item, which was done, and the coverage total of 21.23% presently and 22.29% with the proposed addition is correct as of the March 7, 2005 survey. As far as a variance for the garage deck and steps, none was required at the time the building permit was applied for and certificate of occupancy was received. Ms. Gould makes mention of the canvas storage shed that abuts Mr. Bollman's garage. This shed is temporary as his home is in such disrepair that he had to move his belongings into his garage and put his antique car outside. When his home is completed he will then put his belongings back into his home, his car back into the garage and the temporary shed will be removed. As a note,there are other canvas storage sheds in the front yards of homes on Truman's Path. It is true that this structure is not included in the total lot coverage. The large mound of dirt was left from the garage excavation to fill in holes when the shrubbery is removed around the existing home to facilitate the proposed construction and when construction is complete will be used as top soil and/or removed at that time. Ms. Gould notes that the width of Mr. Bollman's garage is 21.3 feet wide. Most two car garages are normally 24'to 26 wide to accommodate today's larger cars. Ms. Gould further states that the neighbor to the east of Mr. Bollman,the Peretz home is 24' high to the peak according to Mr. Peretz's architect. However, Mr. Peretz's architect is quoting a framing height not the height from the grade which would make the Peretz home over 24'high to the peak. (See photo #1). The elevation measurements provided to the board by my firm were incorrect as we submitted numbers for heights that were actually 16' higher than the actual grade and have been corrected to show that the actual height of Mr. Bollman's proposed new home will be 28'11"to the peak(see exhibit #1 and 2). 2022, Ms. Gould says that it appears that Mr. Bollman has two dwellings on his property and as Ms. Gould knows appearances aren't always what they seem to be and what she chooses to think is another ' • Page 2 0 March 31,2005 John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 (631)765-1594 FAX(631)765-3916 dwelling is actually just a garage. There are actually other parcels on Truman's Path that appear to have two dwellings on them including Ms. Gould's. (See photo#2) Mr. Bollman and his architect spent the last year trying to come up with a plan and elevation to make the home pleasing to the neighborhood. To give Ms. Gould privacy Mr. Bollman had the architect raise the window height on her side of his home so he would not be looking directly into her home and vice versa. We are willing to lower the pitch of the roof which will lower the overall height of the peak even though as it is drawn at 28'11" it is still lower than the maximum structure height requirements of 35' in Southold Town. We are following the existing footprint of the home and adding a small one-story addition to the front on the Peretz side. The home will be two bedrooms, two bathrooms with a living room and an eat-in kitchen. This is not an overly large house. Even though Ms. Gould says that the physical distance between the two homes is only approximately 15.5 feet, the over lap of the two homes is only 7'as Ms. Gould's home is far forward of Mr. Bollman's (see Ms. Gould's exhibit A and our photos#3 and 4). You can see from both these exhibits that Mr. Bollman's proposed home would in no way affect the air, light or views of Ms. Gould's home. As to the premise that it would be a fire hazard due to access, Ms. Gould has planted trees, shrubs, and erected a fence between her home and Mr. Bollman's that would severely prevent fire access and/or separation. (See our photos#5,6,7.) Ms. Gould suggests trying to attach the house and the garage and make the garage the primary residence. Any attachment between the two would be impossible as the septic field is in between the two and cannot be placed anywhere else on the property. Ms. Gould also states that Soutold Town is considering more restrictive bulk and height requirements. However, we do not know if and when they will make or adopt these changes. It sounds as thought she is hoping that this variance will be held up until that time. Ms. Gould received her certified letter on March a and has waited until March 3e, one day before the hearing to present you with her comments and now asks you to wait until she can get her surveyor to RUSH his copy of her property survey to you. We do not feel that this is necessary as we have provided you with an up to date survey from a licensed surveyor showing the side yard set backs between Mr. Bollman's house and Mrs. Gould's property line. In her final comments Ms. Gould states that any benefit the applicant gains by the proposed addition to his pre-existing non conforming footprint to more than double the size of his existing dwelling, is far outweighed by the negative impact on his adjoining neighbors and the overall character of the neighborhood. Ms. Gould's home is also a one and a half story home and has benefited from having more square footage than the footprint of the house as does the Peretz property with a two story home and many others on Truman's Path. Therefore there is no negative impact on the adjoining neighbor and the overall character of the neighborhood. 2 As stated in our variance application, the only reason Mr. Bollman is totally demolishing his home is because of the sub standard construction of this home which was constructed by his father in 1947 and • Page 3 0 March 31,2005 John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 (631)765-1594 FAX(631)765-3916 the framing would not be accepted by the Southold Town Building Department and New York State Codes today. For financial purposes, he would like to leave the walls but it cannot be done. It is a financial hardship for Mr. Bollman to do this full demolition and the reconstruction that it will take to bring the house up to code. If he has to demolish the existing foundation also it would be an even greater expense and hardship for him. Ms. Gould says that Mr. Bollman's difficulty in meeting the code requirement is self-created however that is not the case. Working with an existing footprint and the narrow small lots created years ago is a hardship in itself. Improving a derelict home while still maintaining the character of the neighborhood is Mr. Bollman's goal and his request for this variance is the minimum that is necessary for all concerned. We request that you grant this variance. Sincerely, John A. Bertani President JAB:lb e t I ....,. .. /VVJ,, ,. .. ,. „„ r 1+4Y ;t•�'•,-•` i:S :�'r-,Y"y:(!' 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( 5' ,.,.. �"+._wet-p.,._.c ._.,:akL`til.:.}�,,fae:^.r.i,«.,c.Brij..�"+`i. _r,::'fa.,...e s,,.,., a�,.i i". Y" .,sm,.....,`,Y„_":1L'`"•,".:+'-i w.`i/.n._s.a.•.„v:lF.,a d..Y�',f ffit=Je. .... `'h" �.-,V ws „".c, ,k !`... City, __Q_ W.Bruce Bollman ' 208 Main Street Greenport,N.Y.11944 477-0023 D vl Oct.29,2001 �� / Town of Southold Building Dept. This statement is to clarify the use of the second floor over my new garage at 1755 Truman's Path East Marion,Building Permit#24245.on July 14, 1997 and was recently renewed. The garage is to be used as non-habitable storage area. After construction had been started we added a heating system to protect perishable items from freezing L5W W.Bruce Bollman Notary Public,State of New York No:01,VOS039106 QualifiaQ in Suffolk County Comm' ?r^rch27, 0 2 C) To O 1T'I /� L F—(" FLE ATIOIJ xuls xxuvmrt _ ` vmxourcvxnnurz "' , ' xracwvaxn .vrnwv.xeuxuuR - omuom�mnvo . ONIFAD CERIlf/GxON .�.��iaen'� ,. , _ CUN/EMBEfDppE .�^ ' . _ � - CERI/F/GIFOf ClCC'UPr1NCY �� ` vY _ �£ - - - SUlOEfl USED(T/N!{ nvvnv mwunmo.au ,. • - - EXCEEDZYIO o/l%[EA0. °W�"' ,-' '.`. ;'^� � _. �,.. a � _- � — — _- � rt>„p°omw r wq.R rewloGAownm ��rer:.�,4 _,•+.4rM:' I -- - - �F i� ,.�i_�^.ram` ewrnre • .rwaYrw.,:.w.r � . east(��_ d0ffi�1'BERTiWI''HkN.�EF��HG �?9 Of��h 1 0 "d 1d"M3�K� vvrz�5 11 - " V70-'moo i r' -IS@ r9_01 ��tNraIJ.Vqmlg-o 51� — /- 141 - f� L - v ------------------- -- ,- --- " " Q i - --------- --- t r: utiX - u fen Y.„(� L,ne.N..vRY13gr' ♦.n "s:J. i eal � � uuw✓ne•, ', ,.Ne�.�.e{{uJ—�-, i Yn,b.H>� • - -...,.n"a",�•,�,.,�r - - - - g� `- `�S�,l�}t�t�� .;��'7�'�' ,a�':,aj,l ,,.,:,�:; - ,,,.. 'tic !I L G i � I sNF B.,+�__ _ IlI' + I 4•(eo�G�AA.�:i°.�'M�. _ I I MV d ''iA n.L N='A 7i'10 2 0 C. n o.rIP4o9 44 'S P;I mq.x /u.vad mom. Jay9 uCaeypajadiputsaew� 7ldaa dN{FhTss ., /// Iu �suroWiWpP4SNes pas.: f c teas pa,ul4Me'�ns; / CUy[6y WU dPW.SfiuP991y„� //;%•' I - I I r _ 8 711 - — vJ i.V f Nei!i VNICIao t -C VA1-{ L=,s Aj N� r z C cn A'Vi I ^» r a, Of p n i fzz- uJ h 77 0-001 7)1 3 Jt9 tV' , rSJ�y -.1 , ,�� r/' r �r .l��' tlr 1 t' >l,t f � L 1.1,.. rt rr � r.�r. y�• •' _ 5.7 w 1 1 I�. l.'� :+I .1 1 -t• 1' . I ' / 1 1 1'. 1 - 1 ►• I « /. .. ,. 1 , f `rl`♦ C . 1 /1 II / ♦/ I.. « I Y' 1 1 - �1 ►/ 1 v(1 -'1 J I I I,ri 1,76 IT, - /riM tF - Y 11 C +rt r � Mir x if i `\l,� �� f 1 �•T ! t �S _� J.. } � .C I (r r / �t l f I * f ( f,�% � \i . r H K� 1. 1 . ��► � ,-� ,r .w.. °�:�"� r T � V• „1 T QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subj remises listed on the real estate market for sale? 0 Yes 19 No B. Are there a�nypoposals to change or alter land contours? 0 Yes EVNo C. 1)Are there any areas that contain wetland grasses? Y-1 0 2)Are the wetland areas shown on the map submitted with this application? tit 3)Is the property bulk headed belpeen el the wetlandsIarea and the upland building area? 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? �'► D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable,state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? n-b n e✓ (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? the Building If yes,please submit a copy of your building permit and map as approved Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel?_ n D__ If yes,Please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel d r� �k l �&;-o 1 l, cv-& .Sat and proposed use o tee_ t Authori ture and Date ldpi�l is i Wi. op .As a1*i '!-■ J� ""'1 Nw r Fil` • � 1,'�l { M Fw Pll 1 5 { } ,f L.Y' 3r 1•�� :F YTim, Ap"�,MW •�'vi�r��,�iYi��6t: x �,.`ice: rr�'� .v �' �ri �,,1 �,�w ,���.�'4vra• � ';�'"°St �i1\.�7} ��`'• DW-/ R NT, MW r � \ a 14 ;, a , , ��� a wlogiww - 7• � IVA r in _ �vjig ■ r -►_�` , '� ,ems,�. �P� ��;E s sysy �p �a y&MONM. ► , , , `` �i�Rt`; � 1:i Ifs fab'e � 1, !i Vic- � �C,�a��, ��ri: o•a��:tat® x �� �4�.m 9pa�.� � - �-' .yam,, �. u�y:lE'E �° 9d's�n`'-` °' •��Ti �� ��.: ` 1- �'=_ �X { pl a+ MWA I,' �.:�� Rom 1 wil �r ,���"` r�fkFy J 1� ,:„r �® ~Z3> naf..--��7�"%�...•'��"i,2�, y a.yR r 4X tiy J t. Q I S OR WE •4 G w ,_ 'li.s• � _ "� • ♦.- :.N �\fir=� • ,. Try — :'. r 1 1 i x � Y a �rr u E 4 1 tyt 4' • I tykrh r sir ri�,s ` .: ����_ - SWI +� �' � w G i ` -='� -- - tip, � � �; = F �, �kzam l r y .� • .s D,r s tT+Jy- ta�i,'v�„'`�uw'� .'a"" _-�_�. . e. 'i ° l ^f� r i 6 �I � v J F II I I • all 4" s jIK j if'. � "�,,,gr u�z�-c 'ry .��ie .y �r �5,,�p•`h�"--7-r fzS., � a _ 1t A�. �: �: _ _ _ _ ✓_ � � _ �. _ ;� � � _ , , �►__ _ -_�. � __ - _ -r____ `ill "°'� -� ��- --- - ,�n��! - - - ---- . _ � - - � _ :.� � : , y... .� ', t .v -- � .`t" _ _. .: -- ar ... _- - - - � f _. �.-y f � e� � t rr - �_ �. -0 1 ���jy� '. �'�a-...�'-�R �-_ S 5 ® � A : 2 J d r� Y'� � t f � ' I � r } �o �' f �' ��1 {�°�''` ��5�' �;�� ��' � 6 3;J;, �'-r � �_� l� �� `�.�_ �� yr� i� 4`s: >t&t� " Yt� /( 3- �� Ri �-__ 6 _-- � �_: . i _ __`_ � - _—-- 'Y! �� .��— .� rI l 1 !c _� . 1i1� ' N � S t �l f� �fi �`/)i✓ � l � 71 ' ONow lot �+ r i y s LLAL te" Vf A`► ��-q. Sti 'j ,11 d•.. ,�,�����ir,��� - 2 �� . � L>,�rs�"f !� � '�`ay t sE' •.. �:1 { 1 ; 'h?V .y'� 4, ����. � lh� Ji + iY' �i�w,a A... ,,t•�.tr•.s� Y ya'. 2�. �; .y� s �1 y�r c a 40 argr Pi O / a � _ I -Ott v 4g fiIn 7. 7 r.:, F o , xv i1 r i' VW"i .. nfi r �Y qA + Ir a �IP AL ----- lu r JNA if � r !�E �b[. •Su 17 � � __ �_• 1. �:' t� VIA ems- All MIT i yJ ik`A � i�i y� �1_ 10 ry- gee �r� 3 @ .- e -s m' sx ywi, "2ru: - K� -,��'c�.��.-y�`—sue � �i+-.`rr � ''•a�= ?�'�� y _... T Y�4 I _ 1 FURM NU.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,NY ' NOTICE (�'DISA4 ROVAL February 3, 2005 To: Linda Bertani for W Bruce Bollman 1380 Oakwood Dr. Southold,NY 11971 Please take notice that your application dated January 18, 2005 For permit to demolish and reconstruct a single family dwelling at Location of property 1755 Trumans Path, E. Marion County Tax Map No. 1000- Section 31 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, for this 9,878 square foot lot, located in the R40 District, is not permitted pursuant to Article XXIV Section 100-244. The nonconforming_side yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet) minimum & 25' (feet) combined. The proposed survey indicates a minimum setback of 5.9' (feet) and combined setback of 18.5' feet . Furthermore, the lot coverage as proposed is approximately 21%. The allowable coverage is 20%. Authorized Signature John Bertani Builder Inc 1380 Oakwood Drive Southold, N.Y. 11971 (631)765-1594 FAX(631)765-3916 Zu �ewe-r'�� - G ,� . K l �- March 7,2005 Re: W. Bruce Bollman#5680 Ruth D.Oliva, Chairwoman Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Mrs. Oliva, It has been brought to our attention by Joseph Ingegno Land Surveyor that we are over the 20% lot coverage requirement. We are requesting a variance from the lot coverage requirement due to the following reasons: 1. The home, garage and walkways are existing and as in-place, in-kind replacement of the existing home on the same foundation with a small addition and second story addition it will not change the character of the neighborhood as several homes on Trumans Path have a similar over the lot coverage situation due to the lost sizes and ages of the homes built there. 2. The amount of relief requested is not substantial because it is only 2.29% over the allowable 20%. Sincerely, Linda D. Bertani Vice President J9 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 3, 2005 *Amended March 31, 2005 TO: Linda Bertani for W Bruce Bollman 1380 Oakwood Dr. Southold„NY 1191$ Please take notice that your application dated January 18, 2005 For a permit to demolish and reconstruct a single family dwelling, at Location of property: 1755 Trumans Path, E. Marion County Tax Map No. 1000 - Section 31 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, for this 9,878 square foot lot, located in the R40 District, is not permitted pursuant to Article XXIV Section 100-244. The nonconforming side yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet) minimum &25'(feet) combined. The proposed survey indicates a minimum setback of 5.9' (feet) and combined seback of 18.5' feet . Furthermore, the lot coverage as proposed is approximately 21%. The allowable coverage is 20%. *Furthermore. per Article XXIII. Section 100-239.4B, the construction will be non- confoming since the second story will be located within 40' (feet) of the bulkhead. Authorized Signature , _ «.w•- .. ^•,' „� � ,r ., E L Y CiF,' ,:�`�.J,,' iF,'».� fh...,ra nlPgy"Rrt e at ` ,i: ,. ' rxwa,i.,,r,.rdr'n`,'+a<, •+„dv:.., ,,qr,.:..d.;.;„.y'tid5.�pnit�;,g,,,yC�:�>}w eNv,:.., .• , ,'L { 't r�r`t '`q• ?,a' w`' D1,' ,1ki .l ,}yi. 4„ Sli.•J,G*`„r. t, r .r s+A`,d.«�':•4:a. .!. "a'' r ,+a Y,' r.iA«X,'r't,. ,`},'y '.y;' .1 '#' - . 1 5'"� .. • ;• - ,t.; ,4.:"..,,.d� :<aW' .,a#« Pt:i ',:`e ..uw,,..i its.t:M1iw'' ,'"t" n;.�, 'qF>: :dd', ,r>`!€,« '.r" ,.i F' , *WP ,� ' ,•�-'e;+ ,inns. .n, jf"G^'Y:w,';.?M -'^`ti'�,`-��',,a •.;t•,- ,";°!' ;�4�.` � t.,r , i,'' ,,,� 'fit.' 'a'^r;}"rr;* �}M,.,,,.'mr+'` „t,.,;'7gs'w'.;sr<;:,'y, r.:;1,`.•:ri.«.,�'A:,+,�;E°,n ~:,�•..,' d`+M�y�_ •a+$y' t.r*.ata ,v" , ,,�.�e �';1,.. 'w, an, =i,,w:,Y. Sa.aN+.,::r„ra t.«..,,+"r,w _ ✓-�M1„nd,j:,-'� .✓' ..0.nd ''"'t" . 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',4 tit 7:71 �V, th I -4--m Xl­1.1i, Ij 7`�' - 11 '„ s.,�C:^.i..,'!'"^'^..�^'^+`;{w,t'^,r3--ta'^".,<'n'�`.Y•..`'W;d'.�i" �pw�,_o,', �'; ,, t t' ,i. - 's. r.t, .. ;t�;�.: I'M . .. , ,l' ,•;i; ';' > ' rYiAt•�,-rwr.�.•..> d, J !. ro"S`""1�:r?'1_.:r.t t ,. 'L' .'}� , "o, ad i v • N fv :",k' p " I kt fi �z, X v.; I—M .11, r I John Bertani Builder Ixk. 1380 Oakwood Drive Southold, N.Y. 11971 )765-1594 RC , EI EW( 31)765-3916 APR 1;2 2005 April II,2005 ZONING BOARD OF APPEALS Re: Bollman Variance Application#5680—1755 Truman's Path, East Marion, NY Ms. Ruth Oliva,Chairperson Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ms.Oliva, As per your request during our hearing, I am enclosing the Southold Town Board of Trustees permit for the above referenced property along with the letter of non jurisdiction from the DEC. spoke to Patricia Conklin, permit expeditor for the Building Department regarding a point that Ms. Gould and Mr. O'Brien raised about having a setback variance for the new construction not being set back 75 from the bulkhead and after conferring with Michael Verity they have decided that we must apply for a variance as the construction will be non-conforming since the second story will be located within 40'of the bulkhead. We are therefore requesting an amendment to our variance requests to include a variance for relief for the 40'setback from the bulkhead for the second story addition. Also attached is the notice of disapproval from the Building Department. John Bertani met with Ms. Jennifer Gould and her husband on Sunday with revised plans, which are also attached, and Ms. Gould called me today and said that she and her husband are happy with the changes and will inform the board. The changes lower the roof peak 18"from the original plans to a maximum height of 27 feet or less. We are also going to set back the second floor wall approximately 3 feet to help alleviate the non- conformity on Ms. Gould's side(west side). Thank you for your consideration. Sincerely, 4 d Cf46v�_ Linda D. Bertani Vice President •'„`,i�da tr,*`Y.;•�'yh;'�:,t'",5':"..tY.n;d'':i>r'•.�..tiie'4r'1i;rt;1"`•J.,r.r.:'-`A•am•f,• r aiyy'",,'��r..rP`"'n�.i fir'Lr++,tih.,",-ak,+rnS.+r\ ,, •?.,e.<.r-,•r..?f.g;.e,y,,rn s°'`\`;'l�i.Fu:«:,.'y:is,wf•,.t�t)'..'(.,,.t�6,„�".-Q,'�t;.r ri+iy�`.e�>S'e'+,r'„t';'>r•,P kv,}t.!•,;MI'b{,i,�,l.tn.•+,4-.1"�.)PS'"'u'S^,,s,,Y>`to 7 h.„t1'o s 4_'t ni.n-�'"9r•,•:r I,5'Xt'!'c,s r:t,,A�`!=S).t`k"ri,`.�.,}`ma'y'�r i j.i f•r�frd;a'rtwl.+;,N.`"''P�s ik"'y-e'•"'z�K;"n�`i M ; j�';�-rt RON' yr3�r y q, ;5 r;S:rtr �:� y�y, , et, r.�`S\fEe+r//��#�.ti, .iY?t.•�`-i',.�;�'t.P.r;\, .a�:-.„f",m§:pp4�`S.-,i'` gg •t,, Yir s`..'�.7;Vi.C,jj 3� ..k'•f4 rt.. 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L _ _ ?.1 fv{4Y}-.�I---••- � �i •�••t�eY-�-a^_ ,..—...___'.._....,.'-r ... __ ...---�—'..�_.'`•`+..._r..-....__.___..__-_.-._ .... ,._._w ..,,_.r ..-ry J r-i..-_...... _._.__.......,_..._•_,_. �.,. ...._ ..-v ....� ..� .., �� _ ` � - ';,yf .. _ I �f• ] ,.--_ . _ - -_"- -_ - __...-..__,.. _ _...-_�- _ -. _ _"- _ _, -' - Ali. , '=. - ,.. .a" ..4..�:._..,.r....r....+. _nw«t_rw--..+.r....-:-..-�.�...+.......-�•.�.....�.rt-........�. ._.-_._—._._.a_._Y-..__-_-___..._-�_.-r_... _..-..-_.. � .,-.r—.._.._...-._-., „�_�__._._-..-__��.__.—__._�__�- �Cd_��• � �-� ���� � ���� Tom- � , .T` � :tea_.. - •+�- sr.K... .-r aT• 9� Board Of Southold Town Trustees • ' SOUTHOLD. NEW YORK ' 'A riI 21 2004' ` DATE: .. ...._._ __._.. ,r ` PERMIT NO. . _. .QC.... ' W. BRUCE BOLLMAN ` ISSUED TO { 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 Y State of New York 1952; and the Southold Town Ordinance en- N tidied-"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 with the Resolution of The Board adopted at a meeting held on _-April:21, 2004 250 00 • . ..._._._, and in consideration of the sum of $.........;__�_...-..._._ paid by W. Bruce Bollman - ._.._......_. ..._.._......_ ._._...._ __. - -- of ___Bast�Marion N. Y. and subject to the _ Terms and Conditions Fisted on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: 3 Wetland Permit 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. , as in accordance with the detailed specifications as presented in -the originating appircation- IN WITNESS WHEREOF. The said Board of Trustees here- by causes its Corporate Seal to be affixed. and these presents to be subscribed b a ma of the said Board .as of date. Y i�fl _ _ t- _o 1 , ; s- New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40-SUNY,Stony Brook,New York 11790-2356 Phone:(631)444-0365 - FAX:(631)444-0360 Website:www.dec-state.nyus NOW Erin M.Crotty Commissioner LETTER OF NO JURISDICEON-TIDAL.WETLANDS ACT W. Bruce Bollman April 22, 2004 208 Main Street Greenport, NY 11944 Re: Application#1-4738-03338/00001 Bollman Property, 1755 Truman's Path.,East Marion, NY SCTM# 1000-31-13-4 Dear Mr. Bollman: Based on the information you have submitted,the Department of Environmental Conservation (DEC)has determined that the property landward of the 17'elevation contour,as shown on -the survey prepared by Joseph A. Ingegno dated April 3, 2002, is beyond Article 25 (Tidal Wetlands Act)jurisdiction.* s - Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661) no permit is required. Be advised, however,that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above,without a permit It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project(i.e. a 15'to 20'wide construction area)or erecting a temporary fence, barrier,or hale- bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, QA&I Ro Evans Deputy Permit Administrator cc: John Bertani Builder Inc. MHP file (kaf) A ELIZABETH A.NEVILLE � Town Hall, 53095 Main Road co TOWN CLERK CA i P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICERRECORDS MANAGEMENT OFFICER ®® `��®� Telephone (631) 65-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 15, 2005 RE: Zoning Appeal No. 5680 Transmitted herewith is Zoning Appeals No. 5680- W. Bruce Bollman -Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Area Variance Reasons; Project Description; Zoning Board of Appeals questionnaire; Applicant Transactional Disclosure Statement; Short Environmental Assessment Form; Owner Authorization for Linda Bertani to act on his behalf; Notice of Disapproval dated February 3, 2005; two color photos; Application for Building Permit dated August 16, 2004; map showing property location; copy of survey(mylar) and copy of building plans (three pages). r AftbiCATION TO THE SOUTHOLD TOWf4 BOARD OF APPEALS � For Office Use Only Fee:$ Date Assigned/Assignment No. o /6 9 Office Notes 6.tnokt_fz, S.jp),edj Parcel Location: House No. Street 1CuiYl Hamlet Earl- w-tv,._, SCTM 1000 Section 31 Block 11 Lot(s)4—Lot Size�i��� Zone District (�-4 o I(W)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED. �.hrur�r�► 3, 200 Applicant/Owner(s): G,uXu- (�o\1 rn a n Mailing Address: r 0 d� Y11 cat c\ ' fc_c* G rr—E,L:1 f�� l 1 yt-t Telephone: 1p b i-y - U U Z3 i 6 31' y7-7 n2 50.E NOTE: If applicant Is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: �JO h n 6 er+&.n, 6 u.c 16-e-r- J r► C-, . ��I n d w/�u'hen;,op Address: 3 0a—LwU0, .. ►Jr^%yct SUu`+f1fl �� , I I j q ( Telephone:_ 31 (o S�� I ��(� t-AAC i l0 3 I - t7 6�- 3 f) to Please specify who you wish correspondence tb be mailed to,from the above listed n amps: ❑Applicant/Owner(s) C9 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATEDLJGL/) 1 ei 2 do FOR: � a"$uiiding Permit 0 Certificate of Occupancy ❑Pre-Certificate of Occupancy ` 0 Change of Use ❑Permit for As-Built Construction 0 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordlna ce by numbers. Do not quote the code. Article )CX\V Section 100- ' Subsection Type of Appeal. An Appeal is made for: W� Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal 0 has Vhas not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) .An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,If granted, because: Se_\5ex)c" n m e_j on Tru mcw�s P01- e-m fo rrr\ +o- a-s►'n,i�c�_r J\d_Q_yc,_C-�L sue,t-h&-cam s►+L C,_-h b W 1-4-`t•ht_ (2) ,The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: `3w-c- -tom 4-f�. -f tv\JrAor c.-I obd o\e,A ee-ncz- 0�- `4 fie.. e-,f-,L s*1-1-0 In o r`\-✓+Kt- h owe-h o, +-o be✓-F d-o w n +b • -�e,�o�dw(ro0uv wk-w-, uxl\ be- LLMW%4-L c— s mcLA porno ok' c, c.ral rPcxcA__ oLric-c-- hC-"min &--- uAk bu.re,r.^cx�i- . (3) The amount of relief requested is not subs�anfial because: + �tcLc_r_- `F 11�r\ ' 1 Smc�-l1 a-�.��ur-• Q (4) The variance will NOT have an adverse-effect or•impact on the physical or-)environmental conditions in the neighborhood or district because: k s � e_k(,jk+jf),-� o m�. (5) Has the variance been self-created? ( ) Yes, or (A No. if not,'is the construction existing, as built? (✓) Yes, or { )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed e t-o *I-e- e4 I s+1nri (-,)CLrrow10+ Cnw1ilDi r 1 6� 10A- t,r -in rz 41CLU- nee f- 0+ o n e e-L cf r"e_0 r,�_ a e 9n 4,e, a r e-e— rm (at n c)A m y_cam ee,�? tire.ja fe__-ej 1a H bcLA., This is the MINIMPAd that is necessary and dequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. , ( )-Check this box and complete PART 6, Questions on next page to apply USE VARIANCE STANDARDS. I (Please consult your attorney.) Otherwise, please, proceed to the signature and notary area below, ���•����� Signature of Appellant or Authorized Agent Sworn to before me this 9TI4 (Agent must submit kuthodzatlon from Owner) day of .. . :1., ...�. 2Q06. ' '-('Not6ry Public) LYNDA M BOHN NOTARY PUBLIC,State of Now York ZBAApp 9/30feZ NO.01 B06020932,Suffolk County Term Expires March 8,20_.3•. PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): &Wce� (a'11 rna.-r I. If building is existing_and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building_ Dimensions/size: fl`6'`X I a 1 S" x I 3" Square footage: t®q B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: 1 a'(O" X Square footage: 3 H. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: /U J (� Square;footage: Height! III. Purpose and use of new construction requested in this application: 4f.nn.o li k ar,d- C "e,t U n In lae� Y1 l�` n C�d��,o �Yn �val- V,nini- IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): _ )h e. Corn� t k-rs c�c� CtNX t�-�co A- w e`FL, o$h ee- horn" o r• A i s d*rec-t- Sonu o `E-Qu-h orn,,-.a km+-orr, i-o C- rim ito�^ �d e u acd� S��c Ica &A, k �4-t-� I o E- c�'2es eu��c �c,of 11-0_YN00-less. V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 i Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. • Y P , QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subjectt remises listed on the real estate market for sale? 0 Yes @ No B. Are there any oposals to change or alter land contours? 0 Yes Iwo C. 1)Are there any areas that contain wetland grasses? Yl o 2)Are the wetland areas shown on the map submitted with this application? ru A 3)Is the property bulk headed between the wetlands area and the upland building area? f\Lk(-� - 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? ►�1 I� D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state"We'.) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? n n e - (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do,you or any co-owner also own other land close to this parcel? n D If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel p h-p-+a fri k l d c 4 e l(e n rz, and proposed use o(\e_ Cq fn,l ea Iu i Authori a ature and Date PROJWrLD NUMBER f ` - SEQ_R ' - 617.21 Appendix C State Environmental Qualify Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name 3.Proleot location: Municipality County pin 0 fowl-�olCL_ 4.Precise location(Street address and road intersections,prominent landmarks,eta or provide inap) t��.�T�u.m c�(t S �c,��-l-- I �'p.,.c•f- l�Y1ori u�i(v, i l l 4 3�l — G�c�s s �-��t j2-�. a S kt P R 5.Is proposed a on: ( )NEW ( EXPANSION ( )MODIFICATION f ALTERATION 6.Describe project briefly: �CXYI O�Is(Fl G� ('e CUY4t�fuC� a �Uf &k_0-e t (n'� OYn e"0 J -%n T.Amount of land affected: :.Initially: q q Z�0 Beres; Ultimately: �, 2� }, awes 8.Will proposed action comply wlih existing or other existing lend use restrictions:( YES ( )NO if No,descdba briefly:' 9.What Is present land use in vicinity of project:(describe): ( )Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action Involve a permit approval or funding,now or ultimately from any other Govemmental agency,(Federat,State or Local)? ( YES • ( )NO If Yes,list agency(s)and permlt/approvals: 11.Does any aspect of the action have a currently valid permit or approval? ( YES ( )NO if Yes,list agency(s)and permitfapprovafs: C!- �o W T�u-�*ets - (3 er- 59 0 1 C cc;- -L -f- 0 Y 12.As a result of proposed action,will existing permitlapproval require modification? ( )YES ( )NO if Yes,list agency(s)and permltfapprovals: 1 certify that the information provided above Is true to the best of my knowledge. Applicant/Sponsor Nam : LA) `o_ce_ 13o fl mom.- Signature: If the action Is In the Coastal Area, and you are a state agency,complete the Coastal Assessment Form before proceeding with this asse, APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The nurnose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: PD o��mw) l l) • ����� (Last name,first name,middle initial,.unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally,� (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Bu;Wlq� yee es interest" means a business, including a partnership, in which the Town officer or has even a partial ownership of (or employment by) a corporation in which the-1 own officer or employee owns more than 5%of the shares. YES NO If you answered"YES", complete the balance of this form and date and sign where indicated.' Name of person-employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or'employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Fib rL,ca,-� Signatu . Print Name. W . 6 r-Lk c.E o i1 �m cL r, February 4,2005 Bollman Residence-1755 Trumans Path, East Marion, NY 11939 To Whom It May Concern: SCTM#1000-31-13-04 I, W. Bruce Bollman, residing at 208 Main Street, Greenport, New York 11944, do hereby authorize Linda D. Bertani,V.P. of John Bertani Builder Inc., 1380 Oakwood Drive, Southold, NY 11971 to apply for permits and variances on my behalf regarding the construction of an addition to my existing home at 1165 Truman's Path, East Marion. This includes but is not limited to the NYSDEC (Regulatory Affairs), the Southold Town Trustees, the Suffolk County Department of Health Services (Waste Water Management), the Southold Town Building Department and the Southold Town Board of Appeals. Sincerely, W. Bruce Bollman Owner TOWN OF SOUTHOLD BUILDINC 'RMIT APPLICATION CHECKLIST BUILDING DEPARTMEI TT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11.971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey, www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,M-01SA P P R o VAL Contact: Approved ,20 �" Mail to: Disapproved a/c b/ Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date � l� , 20� INSTRUCTIONS a. This application MUST be completely filled in by typewriter& in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by,this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building-Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 0hn �e r'-4z�n�. I��u la r c� (Signature of applicant or name,if a corporation) 13kU 0cLfr.Lo66L rjrt ,A_, Cf(J Lk,74,4 t (Mailing address of applicant) Aju it q 7I State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises 13rbCC,C✓ (301/IY1CL r� (As on the tax roll or latest deed) If applican is a corporatio , signature of duly au horized officer c ame and title of corporate officer) UP Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work illbe done: _ Hou eses Number Street Hamlet County Tax Map No. 1000 Section 3 Block Subdivision Filed Map No. *19 (Name) Zvll° 't Sv".": 2. State existing use and occupanc, premises and intended use and occup _�of proposed construction: a. Existing use and occupancy b. Intended use and occupancy On rn,l 3. Nature of work(check which applicable): New balding Addition 4-f Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost f�c�, �)y J FCC ` (To b-f id on filing this application) 5. If dwelling, number of dwelling units ( Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. r r 7. Dimensions of existing structures, if any: Front Q.01. Rear Depth Height i(, Number of Stories I Dimensions of same structure with alterations or�dditions: Front aq . Rear ag- S� Depth q7. Y_ Height s Number of Stories 8. Dimensions of entire n9w construction: Front 00 •- Rear C Depth L4 . Height 2#1 Number of Stories .-- 9. Size of lot: Front 5 Rear 50.( Depth a Cif,•U 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated k e(r t�_Cln v�t 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded?YES NO ✓ Will excess fill be removed from premises? YES NO o(fii l�Grf�/ 14.Names of Owner of premises U)-&-e-e. &I Wm ddress ao d- Mc�is�nt.��one�N� 'MI-060,2 Name of Architect Inn LCe Address e f1—A-IV Phone No — o-b A ,7N t Name of Contractor Address u! � 0—Phone No. 7& /1-17 / JOUTA9 tl_jl 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES z/ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) (� •' SS: COUNTY OFU(c lL o(-.It-) — J/_ �tr+6-o being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the - C(m l��c o✓� (Contractor,Agent, Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to--the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed then-with. Sworn to before me thi l day of S) 2004 vs�v� ublic Signature of Applicant BONNIEJ.DOROSIO Notary Public,State Of NeWY01k No.O1D0609532E,Suffolk unfy Term Expires July I x�WS �.. ��.r'�� � ��� r5.• a �Jlj�� ' t 'lam` 4 �.� art'' =: 3 ,. '' �,� ;✓�. .fir r' -;s Town Of Southold P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/15/05 Receipt#: 4089 Transaction(s): Reference Subtotal 1 1 Application Fees 5680 $600.00 Check#: 4089 Total Paid: $600.00 Name: Bollman, Bruce W. 240 Grange Rd Southold, NY 11971 Clerk ID: BONNIED Internal ID 5680 IJohn Bertani wilder Inc. +Y ' 1380 Oakwood Drive Southold, N.Y. 11971 r9� (631)765-1594 FAX(631)765-3916 March 7,2005 Re: W. Bruce Bollman#5680 Ruth D.Oliva, Chairwoman Southold Town Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Mrs. Oliva, It has been brought to our attention by Joseph Ingegno Land Surveyor that we are over the 20% lot coverage requirement. We are requesting a variance from the lot coverage requirement due to the following reasons: 1. The home, garage and walkways are existing and as in-place, in-kind replacement of the exsting home on the same foundation with a small addition and second story addition it will not change the character of the neighborhood as several homes on Trumans Path have a similar over the lot coverage situation due to the lost sizes and ages of the homes built there. 2. The amount of relief requested is not substantial because it is only 2.29% over the allowable 20%. Sincerely, L ►L , . -Lc. Linda D. Bertani Vice President FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,NY NOTICE OF DISAPROVAL February 3, 2005 s' To:1 Linda Bertani for W Bruce Bollman 1380 Oakwood Dr. Southold,NY 11971 Please take notice that your application dated January 18, 2005 For permit to demolish and reconstruct a single family dwelling at Location of property 1755 Trumans Path, E. Marion County Tax Map No. 1000- Section 31 Block 13 Lot 4 VIV Is returned herewith and disapproved on the following grounds: The proposed construction, for this 9,878 square foot lot, located in the R40 District, is not permitted pursuant to Article XXIV Section 100-244. The nonconforming side yard setbacks for a lot measuring less than 20,000 square feet are 10'(feet) minimum & 25' (feet) combined. The proposed survey indicates a minimum setback of 5.9' (feet) and combined setback of 18.5'(feet). Furthermore the lot coverage as proposed is approximately 21%. The allowable coverage is 20%. ' Authorized Signature 'I TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMEI TT Do you have or need the following,before applying? TOWN HALL 1AN 18 Board of Health SOUTHOLD,NY 11.971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined a owed ,20—DIS Q' PROWn L Contact: Approved Mail to: Disapproved a/c IA 1 b/ i Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date � l Co , 20� INSTRUCTIONS a.This application MUST be completely filled in by typewn't iar in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) J3ko 0cLk(.A66L (Jr► ,g-, Ja .t, t� (Mailing address of applicant) ykjL� 11 q 7I State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises D J c. r1,CG2. r3o I I m arJ (As on the tax roll or latest deed) If applican is a corporatio , signature of duly au horized officer �Wame and title of corporate o tcer) Builders License No, Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work j ill be done: _ House Number Street Hamlet aunty Tax Map No. 1000 Section Block ivision Filed Map No (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy D n \ b. Intended use and occupancy pn 3. Nature of work(check which applicable): New Building Addition eit Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost ��00 �D J F0et (To bdb4id on filing this application) 5. If dwelling, number of dwelling units I Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front aA S/ Rear a-q. � Depth go � Height IL Number of Stories I Dimensions of same structure with alterations or�dditions: Front aG . Rear Depth q7• .� Height ) Number of Stories___,?- ' 8. Dimensions of entire nvw construction: Front 0-q •� Rear 2S i Depth L4 . S-" Height Number of Stories .�- 9. Size of lot: Front l Rear 50.6 Depth a 01- 017 � 10. Date of Purchase Name of Former nOwner 11. Zone or use district in which premises are situated k iyi&tin 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO /Will excess fill be removed from premises?YES NO a-+-, 1`gyy 14.Names of Owner of premises W-►3ru.ee. �Jo(Im�Address ��' Ir}�c� one Nfi. 41)1-060,3 Name of Architect ann LCe Address CPhone No_ A -4 .— Name of Contractor xn► Address u! 3 d-Q—Phone No. / 5-17 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. d„�-c 16. Provide survey, to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF1 �1 oL(✓1 d G— 19- being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the CUyj+/- �-C-�/- - (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true ib-the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed thei-with. Sworn to before me thi day of %J 2004 ary Public Signature of Applicant - BONNIE J.DOVSIG Notary Public,State Of New Yolk No.O1D06095328,Suffolk nb Term Expires 7, F i WELL 1 G O . ° a Waterlines ve be inspeOed by Suffolk County Dept. of Health Sen / J Call 852-2100, 24 hours in advar r� �EsQ H°� to schedule inspection(s). ° 7 ® Q. L/ J x ,G Fry117 2m y CONC. PAD �O UNDER _ - - F o cis, Zia- 46, x i r 764 1 „^w _ �8 A�rnnd 0�(,WYV� o174 o cz 7 59 %� J+ �� �O�S pI _VPQ5I F k y0�� \r oc�Zo .• P��pfO 48 G� 74 Ion r71 P�FOR ROL f o\ems �0 _ w o 0i v cb� W"M coum DEPARTMENT OF HEALTH SERVICES titiA� pad*`/ ~ s PERTTT roll AP&'ItC -%L O:COMTRUCftON FOR A ►o o�'% / � � �� MOLE RAWLY i".=MF.NcZ()fty r 17 DATE I q 05 REF APPROVED _o l 5O APPROVE FU MAXIMUM OF—'L BEDROOMS+ EXPIRES THREE YEARS FROM DATIS OF APPROVAL tk C - I � WELL 1 , z'0 .N O 0 \�fJ oa mac'©O S a • ° 4 ���� Water lines�be inspeMd by the Suffolk County Dept.of Health Serves. fie a °o C^°��'�° Gall 85272100, 24 hours in advance, 17 TEST "°` a `C to schedule inspection(s). �--. %%x z VYA v tea, �$Q\ 4��� 8 a G t^ J Com. PAD `�. 7 6 4 b VA G �Ci VY) 7 7174 17 , . TA ----_ n y9 �$ ,e $ _ COk�TAi. -R®SIGN HA7A tle 'A"o' 4 I O Aln/1 l$t 1 11 MOM&=== DISAPPROVAL SURVEY OF PROPERTY WELL SITUATED AT LOT COVERAGE DATA EAST MARION DESCRIPTION AREA % LOT COVERAGE TOWN OF S O U T H O L D EXIST. GARAGE 614 sq. ft. 6.22% SUFFOLK COUNTY NEW YORK DECK & STEPS 257 sq. ft. 2.60% ,CD S.C. TAX No. 1000-31 - 13-04 APRON 22 sq. ft. 0.22% N O— SCALE 1 )1=201 EXIST. HOUSE 1,017 sq. ff. 10.30% A APRIL 3, 2002 DECEMBER 5, 2003 ADDED TOPOGRAPHICAL SURVEY DECK & STEPS 37 sq. ft. 0.37% JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & PROP. ADD. MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA LINE CONC. & WOOD 108 sq. ft. 1.09% MAY 6, 2004 ADDED PROPOSED DRYWELLS WALKS & STEPS DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTEM FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDITIONAL OFFSETS WOOD DOCK 42 sq. ft. 0.43% FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETBACKS MARCH 7, 2005 ADDED LOT COVERAGE DATA TOTAL EXISTING 2,097 sq. ft. 21.23% AUGUST 29, 2005 LOCATED FOUNDATION NAILS AREA = 9,878.29 sq. ft. PROPOSED ADDITION 105 sq. ft. 1.06% + (TO TIE LINE) 0.228 aC. TOTAL EXIST. & PROPOSED 2,202 sq. ft. 22.29% CERTIFIED TO: `zy O h , W. BRUCE BOLLMAN ' ', NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM a EXISTING ELEVATIONS ARE SHOWN THUS: s o �Q ^_ P I• �'�� 9 �%iyo \J EXISTING CONTOUR LINES ARE SHOWN THUS: - - - 5 -- - - y\P� �o FFL. - FIRST FLOOR Q �' .4 tb G.FL. - GARAGE FLOOR ° d 4 T F3. - TOP OF BULKHEAD ��I (i��v'. • • A 4 �� B B. - BOTTOM OF BULKHEAD �O�e d. \ x T.W. - TOP OF WALL • 2. FLOOD ZONE INFORMATION TAKEN FROM: A FLOOD INSURANCE RATE MAP No. 36103CO064 G a S , ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); tip_ TEST BASE FLOOD ELEVATIONS DETERMINED x ,• •• Z \ Dq;n x IR 7 ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. 3. SEPTIC TANK CAPACITY IS 1,200 GALLONS. 1 TANK; 8' DIA. BY 5' DEEP S� I;;,_ 4. LEACHING SYSTEM IS 400 sq ft SIDEWALL AREA. It , , 2 POOLS; 8' DIA. X 8' DEEP I-0Tl x 17.4 PROPOSED EXPANSION POOL o c^`t' \3 '% g c� c O 6� < O < \ o v. PROPOSED LEACHING POOL NC. PAD 3• - O O (t• UNDER ry,y �� �� V0$\g4• \ V�'� F % �' ++ 75�� � 'F� OG v� p•���S �.0, O � PROPOSED SEPTIC TANK e• — S G\C\ �8P �O JG e f��• \ Ag � o. s� sN �R ��'� \5 FN`p GpaS\pal 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD �p OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. x �pVy�p \cat\N 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND REMOVED. S•\\ g •\� 7. EXISTING BUILDING COVERAGE (INCLUDING GARAGE, HOUSE & DECKS) = 1,871 sq. ft. OR 18.9% OF TOTAL LOT AREA. PROPOSED BUILDING COVERAGE (INCLUDING EXISTING BUILDING COVERAGE & PROPOSED ADDITION) = 1,976 sq. ft. OR 20.0% OF TOTAL LOT AREA. 'Al �0�� / 's ,� ��° ] .4 ,e \\N6 sQ L� L� OCT 11 2005 a OF p �� \14 y (� p510N HAZARD AR 8 49 �ayn� CO ASjp1 ER 48-640_g3 SHEET 2 5 � OTO NO• Southold Town O y"cy PN Board of Trustees O D 'P� � \.�� GAF �•. . � �° � , ,1 a 7. �2�` , Iu 1 �� �► +- w�T 10e� ,z SA TEST HOLE DA TA A �Ip )k 6'jzooF FtU gip: y�i 17^ SNP" oeG� (TEST HOLE DUG BY McDONALD GEOSCIENCE ON DECEMBER 15, 2004) i4 � Sq� • c6 7 6o Al i DSDP -or.t• J PREP ED I ACCORDANCE WITH p, DS FOR SURVEYS AS ESTABLISHED BROWN SILTY SANDAPPREDp P \c� ,21 �� �� 01 , o\ 25' R` UQi USE BY THE NEW STATE 1 ; G p O� .l �y y 6 of afii1L 0 TION. / Y WOOD a o`yo ¢ .�C""�' �. U CI CO R p Ir�\ 1�P1'`y S �0 V- a �ttt. rR►' i O O - O P" 9s• , G PALE BROWN FINE OJT \ O .F TO uEDIUU SAND 1 i ry M 17' `® " N.Y.S. Lic. No. 49668 �� O�v ! j�� p Ql UNAUTHORIZED ALTERATION OR ADDITION f� •O OLAON OF � �-k vTO THIS SURVEY SECTION 72 9 OFSTHE�NEWnYORK STATE Joseph A. I n g e o a EDUCATION LAW. y • �� �� COPIES h THIS SURVEY MAP NOT BEARING Land �4 I� Ve-y o r A6 • may`' � THE LAND SURVEYOR'S INKED SEAL OR �,,Q V 1+� �/ G EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. OG O CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING IN571- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.O. Box 1931 AND/OR EASEMENTS OF RECORD, IF RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANY, NOT SHOWN ARE NOT GUARANTEED. 22-117T SURVEY OIL PROPERTY WELL--~ SI MA TED A `T LOT COVERAGE DATA EAST MA M O N DESCRIPTION AREA % LOT COVERAGE a� TOWN OF SOUTHOLD _� EXIST. GARAGE 614 sq. ft. 6.22% SUFFOLK COUNTY, NEW YORK ~ — -_ 9 FCK R STEPS 257 sq. ft. 2.60% 0 S.C. TAX No. 1 000-31 — 1 3-04 zz sq. ft. 0.22% 1 SCALE 1 "-20' --�- r'�r 9 :.,[. r+Clu E 1,017 sq. ft. 10.30% d�c APRIL 3, 2002 -------- ----- DECEMBER 5, 2003 ADDED TOFIOOR�JIHICAL SURVEY ^FCY R STEPS 37 sq. ft. 0.37% JANUARY 28, 2004 ADDED WATER LINE. C E`,SL'OOLS & PROP. ADD. MARCH 23, 2004 ADDED COASTAL. ERR'-= ',,SPOOLS HAZARD AREA LINE ; CONC. E WOOD MAY 6, 2004 ADDED PRC'I'CJ: D DRYWFLLS W`tLYS 8 STEPS 108 sq. ft. 1.09% DECEMBER 28, 2004 ADDED PROPOSED SEPTIC SYSTEM ---- --- FEBRUARY 4, 2005 ADDED LOT COVERAGE CA[CI![A110N AND ADDIIIONAi_ OFFS FTS WOOD DOCK 42 sq. ft. 0.43% FEBRU I --2TTEf�`: "' ffACKS MARCH 7, 2005 ADDED lOT CO'di RAGE DATA I TOTAL EXISTING 2,097 sq. ft. 21.23% AREA = 9,8/8.29 sq. y� (TO TIE LINE) 0.228 cc. PROPOSED ADDITION 105 sq_ ft. 1.06% .,Qtn' per•� TOTAL EXIST. do PROPOSED 2,202 sq. ft. 22.29%CFRTIFI-F,_P Tn,_ -- �� W. BRUCE BOLLMAN NOTFS._ s� sw 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOV,N, THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: 5 6 0. t F!I - - FIRST FLOOR �y GARAGE FLOOR I j� �� e C� 61, r; _ TOP OF BULKHEAD >; �� /< • 4 tJ T iU tt - TOP OF WA.LL1.KHrAE ?. FLOOD ZONE INFORMATION TAKEN FROI.!: d FLOOD INSURANCE RATE MAP No. 36103CO064 G �%3 yc ZONE AE: PAS[ FLOOD ELfVAT!O'S DETERM!NFD \ • ode S ZONE VF: COASTAL FLOOD WITH V! [OCITY HAZARD (W!WE ACTION); TEST HOLE� �-t> O� BASE FLOOD ELEV,ATIOtiS DETFRf J!NED r G ' O ZONE X: AREAS DETERMINED TO "IF OUTS'D[ 500-YEAR FLOODPLA!N J��S\ \ • •e a �• yf �T\N aGq� Doi, 3. SEPTIC TANK CAPACITY IS 1,200 GALLONS. �, o d a. c°� .5 �� ►PVC 1 TANK; 8' DIA. BY 5' DEEP G� �' ° a �� �[ 4. LEACHING SYSTEM IS 400 sq ft SIDEWALL AREA. O � 2 FOOLS, 8' DIA. X E' DEEP PROPOSED EXPANSION POOL ccL 9G'� '` v0 PROPOSED LEACHING FOOL CO"JC. PAD U JDERIL 1+ I;1� ��y '�e� v,\`N �p 0 v ✓hl-�� POO\�SE.tgPG`f- '(�.J �CI 1 PROPOSED S�SEPTIC. TA"! 1 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD ! OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. \NOvy N 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND REMOVED. 7. EXISTING BUILDING COVERAGE (1[:CLUDlNG GARAGE, HOUSE & DECKS) = 1,871 sq. ff. OR 18.946 OF TOTAL LOT AREA. PROPOSED BUILDING COVERAGE (INCLUDING EXISTING BUILDING COVERAGE & PROPOSED ADDITION) = 1,976 sq. ft. OR 20.0/d OF TOTAL LOT AREA. oo �✓,� G o�ti�G� �Q61 \5 llCiE Ac SH A Rp5 9 E NA7A ��� O10N -53StiE 'p A z`� jNc) a y0�,1- 0 x, kp 9`o1 A �r Tl',S 7 1 i C)I,T--l)f17 c'� (Tt_ST H01 F- Dt;'C BY ne nn^;n r r-r-0;'IF_.NC_E_ Cfd DE CCMr?r p 15, 2004: ?-0' PR^PARt.D IN ACCORDANCE W-H THE MINIAUM �yJ �1\�N �'Q 6Ac4 �'C<' F I\ \rt- �1 f' % p :/ n:;,':r: Si;TY Sn•D STANDARDS FOR TITLE SURVEYS AS ESTAPIJT,HED BY THE Li.A L.S. At:D A;'PF.OVFD AND ADC`r>':ED FOP SUCH U'F Py Ti,F NEW YORK STATE LAND -y,;not)_ T'ft_E ASSOCIA;IGtJ. (D (O �FY M ^ L �/ •/ <\�`' �\�F`' � ���� [ - ---L— it ,t., -- -:— -'I N.Y_S_ Lic. No. 49668 (/ ` to I ^ UNAUTHORIZED ALTERATION OR ADE':I�)N 0 j o /�O��: T) TH'' SiJF'.'rY IS A VIOLATION OF SFCT10'J 7209 OF [NE NEW YORt. STATE s ,��F* FDljrn"ON LAW '" ff° ( �Ea T� COP.-`; OF 'HI` FUR IY MAP NOT BEPRYJG �""? (w +s �i J' � T.'E LAND SUP.VEYOR'S tNWED SFAL OR �, ., ,� � C ,9�i i!dB'SSED SEAL SHALL NOT BC CONSIDERFD -- ----- — (� 10 HE P VA!.!n TRUE COPY, --- CERTIFICATIONS INDICATED HERECN SHALL RLIN ON'_Y TO T`±E PERSON FO" WHOM THE StJlfNEY IS PREPARED, AND ON HIS BEEIALF TO THE Title Surveys - Subd-visions - Site Pions - Construction Loyou1 TITLE CC "<.NY, GOVF FNMENTAL AGENCY AND LFNDING INSTITUTION LISTED HERLON, AND To THE ASSIGNEFS OF TH'. LEN^'N; INSTI- PHONE (631)727-2090 Fox (631)727-1727 TUT!QN. CERTIFICATIONS AR�_ NOT Ti'�ANSFEPA?L"c. OFFICES LOCATED AT M.1ILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.O. Box 1931 AND/OR EASEMENTS OF RECORD, IF P!%FF'iEAD, New York 11901 Riverhead, New York 1 1 901-09 65 ANY, NOT SHOWN ARE NOT GUARANTEED. r 22