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Home My WebLink About32893-Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Date: OS/29/08 No: Z-33059 THIS CERTIFIES that the building NEW DWELLING Location of Property: 1755 TRUMANS (HOUSE NO.) County Tax Map No. 473889 Section 31 PATH (STREET) Block 13 EAST MARION (HAMLET) Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 10, 2007 pursuant to which Building Permit No. 32893-Z dated APRIL 10, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH FIRST AND SECOND FLOOR COVERED PORCHES AS APPLIED FOR PER ZBA # 5680 10/27/05. The certificate is issued to BRUCE W BOLLMAN (OWNER) of the aforesaid building. 04/04/08 SUFFOLK COUNTY DEPAR'DmNT OF HEALTH APPROVAL R10-04-0150 02/04/08 ELECTRICAL CERTIFICATE NO. 3048608 PLUMBERS CERTIFICATION DATED 04/17/08 PECONIC PLUMBING & HEAT Rev. 1/81 /- ... . Form No.6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 f':..~-~-~-_ !~l ~ '!-~, " 1.') Fl ir, '1 /5 J; I i APPLICATION FOR CERTIFICATE OF OCCUPANCY, l This aPl'licalJotl must be filled in by typewriter or ink and submitted to the Building Department with the following: ..------...--- ~. , -.--- A, Fo" uew building or new use: I. Pllldl 8l1lvel' of property with accurate location of all buildings, property lines, streets, and Lll1Usualnatural or to[Jograpllic features. 2 PIllal Approval from Health Dept. of water supply and sewerage-disposal (S-9 fa nn) , 3. Approval of electrical installation from Board of Fire Underwriters, 4. Sworn statement from plumber certifying that the solder used in system contains less than 211 0 of I % lead, 5, Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Plarullng Board Approval of completed site plan requirements. B. For existing bnildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: I, Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Ceriificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Celiifleate ofOceupancy - New dwelling $25,00, Additions to dwelling $25.00, Alterations to dwelling $25,00, Swimming pool $25.00, Accessory building $25,00, Additions to accessory building $2500, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building _ $100.00 3. Copy ofCerlificate of Occupancy _ $.25 4 Updaled Certificate of Occupancy - $50.00 5 rompor",y Cerlifleate of Occupancy - Residential $15.00, Conunercla] $1500 New Constnlclion /" ----- Localion or Property: 1'7 6 ~. Date._f'Iloq-J:G- 200L House No Old or Pre-exisling Building: Ir llm O,f)'\ P c.t. 'ti-... Street (check one) '-- fMj- mW'M'f'\.-.. Hamlet Owner 0] Owners orPropeliy ______!}J (3ru LL SuffQlk COllnty Tax Map No 1000, Section '3 J r3 () /I (Y1 (A,,/"-J Block~_l6._,_,_,_ Lot --:t------ FiledMap _____ Lol ________ -----._------.- --.------------- SubcliVISI()j( --. --...._--- ------- Pelllllt No __3 ';).ffJ_3 _i;_ Dalc ofPermi(~Ic:>_::.QL_ Applrcant. JOh.vL_13e,Ct-W'2j~n 1Q1cY_~~ Health Dept. Approval___~_,__ Underwriters ApprovaL __~____ ____ __ PlmmIng Board Approval _______._, Reglltst I'JI Tempur;:IrY Certificate ____ Final Certificate: / (check one) Fee Submitted. $ ...c!lS.,(j''2__._ CA::J Z 33DSq f2ac IY37D _d~C).,(j~ Applicant Signature [ID.[ID ~ BY THIS CERTIFICATE OF COMPLIANCE THE ~ ~ NEW YORK BOARD OF FIRE UNDERWRITERS ~ ~ BUREAU OF ELECTRICITY ~ ~ 40 FULTON STREET - NEW YORK, NY 1 0038 ~ ~ CERTIFIES THAT ~ ~ ~ ~ Upon the application of upon premises owned by ~ ~ ~ ~ G & S ELECTRICAL CONTR. BRUCE BOLLMAN ~ ~ P.O. BOX 215 1755 TRUMANS PATH ~ I SOUTHOLD, NY 11971, EAST MARION, NY 11939 I ~ Located at 1755 TRUMANS PATH EAST MARION, NY 11939 ~ i Application Number: 3048608 Certificate Number: 3048608 i ~ Section: Block: Lot: Building Permit: BDC: ns11 ~ ~ ~ ~ Described as a occupancy, wherein the premises electrical system consisting of ~ ~ electrical devices and wiring, described below, located inion the premises at: ~ ~ Basement, First Floor, Second Floor, Outside, ~ ~ A visual inspection of the premises electrical system, limited to electrical devices and Wiring to the extent detailed ~ ~ herein, was conducted in accordance with the requirements of the applicable code andlor standard ~ ~ promulgated by the State of New York, Department of State Code Enforcement and Administration, or other ~ ~ authority having jurisdiction, and found to be in compliance therewith on the 4th Day of February, 2008. ~ ~ Name OTY Rate Rating Circuit ~ ~ ~ Alarm and Emergency Equipment ~ ~ Sensor 2 0 Carbon Monoxide ~ ~ Transfer Switch I 0 I OOa ~ ~ Appliances and Accessories ~ ~ Exhaust Fan 3 0 F.H.P. ~ ~ Dish Washer I 0 1.2 KW ~ ~ Hydro Massage Tub (Therapeutic) I 0 ~ i!!I Furnace I 0 Oil ft!l ~ Stearn Unit/Sauna I 0 30 Amps ~ ~ Air Conditioner I 0 24.000 BTU ~ ~ Air Conditioner I 0 30.000 BTU ~ ~~~~ ~ ft!l Outlet 39 0 Fixture ft!l ~ Fixture 39 0 Incandescent ~ ~ Outlet 58 0 General Purpose ~ ~ Receptacle 31 0 General Purpose ~ i!!I Switch 38 0 General Purpose seal i!!I ~ Paddle Fan 3 0 ~ ~ Continued on Next Page I of 2 ~ ~ ~ I This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. ; [ID~.[ID [!J.[!J I BY THIS CERTIFICATE OF COMPLIANCE THE I ~ NEW YORK BOARD OF FIRE UNDERWRITERS ~ ~ BUREAU OF ELECTRICITY ~ ~ 40 FULTON STREET - NEW YORK, NY 1 0038 ~ ~ CERTIFIES THAT ~ ~ ~ ~ Upon the application of upon premises owned by ~ ~ ~ ~ G & S ELECTRICAL CONTR. BRUCE BOLLMAN ~ ~ P.O. BOX 215 1755 TRUMANS PATH ~ ~ SOUTHOLD, NY 11971, EAST MARION, NY 11939 ~ ~ ~ ~ Located at 1755 TRUMANS PATH EAST MARION, NY 11939 ~ I 3048608 3048608 I ~ Application Number: Certificate Number: ~ ~ Section: Block: Lot: Building Permit: BDC: ns11 ~ ~ ~ ~ Described as a occupancy, wherein the premises electrical system consisting of ~ ~ electrical devices and wiring, described below, located in/on the premises at: ~ ~ Basement, First Floor, Second Floor, Outside, ~ ~ A visual inspection of the premises electrical system, limited to electrical devices and wiring to the extent detailed ~ ~ herein, was conducted in accordance with the requirements of the applicable code and/or standard ~ ~ promulgated by the State of New York, Department of State Code Enforcement and Administration, or other ~ ~ authority having jurisdiction, and found to be in compliance therewith on the 4th Day of February, 2008. ~ ~ Name OTY Rate Ratin. Circuit ~ ~ ~ Receptacle 1 0 20a Laundry ~ ~ Receptacle 1 0 30a Dryer ~ ~ Disconnect 2 0 60a Air Conditioner ~ ~ GFCI Circuit Breaker 1 0 20a ~ ~ Receptacle 8 0 GFCI ~ ~ Service ~ ~ 1 Phase 3W Service Rating 200 Amperes ~ ~ Service Disconnect 1 200 cb ii!l ~ Meters: 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; H~ I ~ ~ ~ 2 of 2 ~ I This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. I [!J~.[!J Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATION Date:-'irr, I 17, 2()()~ Building Permit No. :s 2. R q 3 C-- Owner: l,u . is r Gte.. t-. a 0 1/ fYl c..- '--' (please print) Plumber: P~Ov'\ t'e P/~~''vlf;+ tf-c~6.'V\! (please print) G eo'';J C S. f3-eof"'r"t -;s- L I certify that the solder used in the water suPpJy system contains less than 2/1 0 of 1% lead. ~~~') Sworn to before me this / '7-H.... dayof ApI', I , 20~ . 0~~b'drRo~ Notary Public, s..u. ~\ \(county Vlf:lQL.1.OI'ER IlDIaIy NIlIc, Slabt of New lbIt No. OllO6070081 ~In SutIofIICauntr CADlluluer,hs.,:) -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. 32893 Z Date APRIL 10, 2007 permission is hereby granted to: BRUCE BOLLMAN GRANGE ROAD SOUTHOLD,NY 11971 for : CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA & TRUSTEES & DEC APPROVAL AS APPLIED FOR (SEE PMT #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 APRIL 10, 2007 and approved by the Building Inspector to expire on OCTOBER 10, 2008. Fee $ 0.00 b-~ fit ~ I Authorize Signature ORIGINAL Rev. 5/8/02 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. 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 CERTIFICATE OF COMPLIANCE # 0280C Date December 5, 2007 THIS CERTIFIES that the two-story dwelling, sanitary system, pervious walkway and planted buffer seaward of the dwelling At 1755 Truman's Path, East Marion Suffolk County Tax Map # 31-13-4 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 3/15/04 pursuant to which Trustees Wetland Permit #5901 Dated 4/21/04 and Amended on 12/21/05, and Coastal Erosion Permit 6263C Dated 12/21/05, Were issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a two-story dwelling. sanitary system. pervious walkway and planted buffer seaward of the dwelling. The certificate is issued to W. BRUCE BOLLMAN owner of the aforesaid property, ~~~ Authorized Signature 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 ,L Ch- I Authorized Signature ORIGINAL Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 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 .~ r;~L J Authorized Signature ORIGINAL Rev. 5/8/02 I, Mailing Address: Office Location: L__ I _~" L-.JJ..~.;:. Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~ 0 '" ',I, \~ _0....__ 8 liJ" JG2 . ,~" ,--_J I ~(-;: . '-T :'~i~ClLD 53095 Main Road PD. Box 1179 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, Priucipa~~g Inspector Ruth D. Oliva, Chairwoman, ZBAK~ Angnst 23, 2005 Building Department Inquiry - Bollman Property CTM 31.-13-4 From: Date: Re: As requested, this will confirm that Pat Conklin, Bnilding Plans Examiner, on Angnst 4, 2005, telephoned me, via staff, stating that the builder for Mr. and Mrs. Bollman (John Bertani) was at the connter, stating that the existing fonndation 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 reqnest 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). APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 Ruth D. Oliva, ZBA Chairwoman -::;2-&.... FROM: DATE: November 14, 2005 SUBJECT: Referral by Building Department (Bollman Site) Reviews under ZBA Condition #8 (Appeal No. 5680) In reply to your referral of November 10, 2005, this will confirm that the building setbacks and related information on the survey revised November 9, 2005 will be in accordance with the setbacks noted in the conditions rendered in the October 27,2005 variance determination. Prior to issuance of a Certificate of Occupancy, please inspect and confirm, in writing, removal of the kitchen area and cooking facilities have been removed from the accessory building (Condition No.9), and compliance with the conditions under Zoning Appeal No. 5680. Thank you. , , APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon Southold Town Hall 53095 Main Road. PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 I. hUp:! Isoutholdtown.northfork.net 282i'.1 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 l. . _.,;~.~ )' r FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 2005 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 100-239.4B 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 ('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: 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 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 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: Bollman eTM 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 structuraily 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 allopted by unanimous vote of ail the members, to reopen Application No. 5680, with a rehearing date scheduled for September 29, 2005 and October 20, 2005 before the ZSA. 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 r.econstruction 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 Boilman 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 weil as other extensive information. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the foilowing 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. Page 3 - October 27. 2.005 . ZB Ref. 5680 - W. Bruce and M. Bollman CTM 10: 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-B, 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 Doint to the westerlY DroDerty 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 approyed by the Board in the May 12, 2005 decision. 2. Both side yards shall remain ODen and unobstructed for access of emer!!ency and maintenance vehicles. 3. The basement entrv and wooden steDs that are DresentlY located on the easterly side yard must be moved to another location so that they do not interfere with or encroach into the setbacks aDDroved 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 DroDerty 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 buildin!! Dermit shall be issued until a new aDDlication for a buildin!! Dermit is submitted that meets all of the conditions set forth in this decision and is reviewed Ifor comDllance with the ZBA conditionsl bY the ZBA ChairDerson or other reDresentatiye in the DeDartment of the Board of ADDeals. 9. That the kitchen area and cook!n!! facilities shall be removed from the accessorv buildin!! Drior to issuance of a certificate of OCCUDanCy for the new dwellina. ..~ . w Page 4 - October 27,2005 ZB Ref. 5680 - W. Br~ce and M. Bollman elM 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 notifv 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 reguire a new application with respect to any change In nonconformity that is restricted bv 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. (Absent " o D CAl't Office Location: Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 I 53095 Main Road P,O, Box]] 79 Southold, NY ]] 97 I -0959 , c' , ' r) '" http://southoldtown,northfork,net !,~N 25 " BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION / ' ""--MEETING OF DECEMBER 15, 2005 ZB File 57~;:nnifer B, Gould, 1820 man's Path, East Marion (as Adjacent Landowner) Appeal Concerrun emises, 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 pianned. 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, 2005 ZB Ref. 5781 - Jennifer B. Gould CTM 10: 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/DETERMINA TION RENDERED for ALTERNATIVE AREA VARIANCE RELIEF: In a decision rendered October 27, 2005, the ZBA granted alternative relief concerning Appeal No. 5680, after rehearing, based on the Building Department's Notices of Disapproval, issued February 3,2005 and amended March 31, 2005, citing Sections 100-239.4B and 100-244 in its denial of an application for a building permit to substantially remove (or demolish), and construct a new single- family dwelling. The reasons stated in the Notices of Disapproval are that the new construction: (1) will be less than 10 feet on a single side, (2) will be less than 25 feet combined side yards, (3) will be less than 75 feet from the bulkhead, and (4) will have lot coverage exceeding the code limitation of 20 percent. The ZBA grant of alternative relief increased the side yard setback from the Gould property (please see ZBA Decision No. 5680 dated October 27, 2005, filed on October 31,2005 with the Office of the Town Clerk). FINDINGS OF FACT The Zoning Board of Appeals ('ZBA') held a public hearing on this application on October 20, 2005, at which time written and oral evidence were presented. (The entire file and transcripts of the previous hearings regarding the original application under Appeal No. 5680 held on March 31, 2005 and May 4, 2005 were also entered into this rehearing record). Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board finds the same reasons applicable to this Appeal as that issued by the ZBA under Appeal No. 5680 on October 27, 2005 (grant of alternative relief with conditions). Page 3 - December 15, 2005 ZB Ref. 5781 - Jennifer B. Gould elM 10: 31-13-4 (Bollman Properly) 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 South old Board of Trustees, dated December 20,2005. RESOLUTION OF THE BOARD: In considering all of the above factors and applying New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the application of Jennifer B. Gould, under Appeal No. 5781, without prejudice to the Court's determination under the outstanding litigation (concerning the subject premises, 1755 Truman's Path, East Marion; CTM Parcel 1000-31-13-4 owned by Bollman). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, Dinizio, and Simon. This Resolution was duly adopted (5-0). ~)6.~= Ruth D. Oliva, Chairwoman 1/ :Z'fL/06 Approved for Filing " . ~...-'.-..'-.C--- !r~: _; ,- , j ,. i' i'l ..; i_~ In \ _ ---1! III 'os I U I " ~iJ': SEP - I LJ :u I - I I \-.-- _v___j' ,,-;-,,:_ !~CPT { ."W" O~:'C\"l: ;''''~l ("l 1 -' :, ." v .,-.' '-',' 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 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.nonhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD el. (631) 765-1809 . Fax (631) 765-9064 ZONING BOARD OF APPEALS:SOUTHOLD TOWN SUFFOLK COUNTY: NEW YORK ------------------------------------------------------------------x In the Matter of the Appeal Application of ZBA APPEAL NO. 5783 JENNIFER B. GOULD GRANT OF RESTRAINING ORDER TO CONTINUE STAY Appealing the Building Inspector's Certification Dated August 29, 2005 and Requesting a Grant Of a Restraining Order to Continue to Automatic Stay in Gould Appeal No. 5781, under New York Town Law Section 267-a(6). Premises: 1755 Truman's Path, East Marion, NY 11939 CTM #1000-3]-13-4 ------------------------------------------------------------------x SIRS: Upon application ofJennifer B. Gould, Esq. 2]0 Main Street P.O. Box ]77, Greenport, NY 11944, in the above-referenced matter, IT IS HEREBY ORDERED by the Zoning Board of Appeals of the Town of Southold, pursuant to New York Town Law, Section 267-a(6), upon due cause having been shown, that: 1. A restraining order is granted. 2. All actions in furtherance of Appeal No. 5781 in the Matter of Jennifer B. Gould, are stayed and restrained, including all work pursuant to Building Permit No. 31232-Z, until such time as the Resolution of the Appeal, except that John Bertani Builder, Inc., and/or . Dated: W. Bruce Bollman, may perform work necessary to secure the job site, including filling, but not including further work installing ~n. September I, 2005. ) & - 6).QH.Ls:u RUTH D. OLlV A, CHAIRWOMAN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 To: John Bertani Builder, Inc. at Site Location: 1755 Truman's Path, East Marion, NY 11939 Harvey Arnoff, Esq. 206 Roanoke Avenue P.O. Box 329 Riverhead, NY 11901-2794 ~. ,110j,~L -u-z , 'J . \ 2./lJt~{- cr 1. ", -I \ 'i)'-<-Lt.I-' " \ . 1')," f'r ) -2- '. . Permit Number REScheck Compliance Certificate Checked By/Date New York State Energy Conservation Construction Code RES check Sofware Version 3.6 Release la Data filename: C:IProgram FileslChecklRESchecklbollman.rck PROJECT TITLE: Bollman COUNTY: Sulillk ST ATE: New York HDD: 5750 CONSTRUCTION TYPE: Detached I or 2 Family HEATING TYPE: Non-Electric WINDOW / W ALL RATIO: 0.13 DATE: 06/21/05 DATE OF PLANS: 7/12/04 PROJECT DESCRIPTION: Addition East Marion COMPLIANCE: Passes Maximum UA ~ 265 Your Home VA = 213 19.6% Better Than Code (UA) Ceiling I: Flat Ceiling or Scissor Truss Ceiling 2: Cathedral Ceiling (no attic) Wall I: Wood Frame, 16" O.c. Window I: Wood Frame:Double Pane with Low-E Window 2: Wood Frame:Double Pane with Low-E Door I: Glass Gross Glazing Area or Cavity Cont. or Door Perimeter R-Value R-Value lJ-F actor .!..JA 576 30.0 0.0 20 323 22.0 0.0 15 1860 19.0 0.0 97 28 0.290 8 142 0.340 48 74 0.340 25 COMPLIANCE STATEMENT: The proposed building represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application. The proposed systems have been designed to meet the New York State Energy Conservation Construction Code requirements. When a Registered Design Prokssional has stamped and signed this page, they are attesting that to the best of his /her knowledge, belief; and prokssional judgment, such plans or specifications are in compliance with this Code. Builder/Designer ~m'&5 (] V€ElG\t05~ Date G /20) Of" . . , REscheck Inspection Checklist New York State Energy Conservation Construction Code REScheck Soiware Ver.;ion 3.6 Release la DATE: 06/21/05 PROJECT TITLE: Bollman Bldg. Dept. Use Ceilings: ] L Ceiling I: Flat Ceiling or Scissor Truss, R-30.0 cavity insulation Comments: ] 2. Ceiling 2: Cathedral Ceiling (no attic), R-22.0 cavity insulation Comments: Above-Grade WaIls: L Wall I: Wood Frame, 16" o.C., R-19.0 cavity insulation Comments: Windows: [] L Window I: Wood Frame:Double Pane with Low-E, U-flctor: 0.290 F or windows without labeled U-flctors, describe bures: # Panes_ Frame Type Thermal Break? [ ] Yes [ ] No Comments: [] 2. Window 2: Wood Frame:Double Pane with Low-E, U-flctor: 0.340 For windows without labeled U-flctors, describe i:atures: # Panes_ Frame Type Thermal Break? [ ] Yes [ ] No Comments: Doors: [] L Door I: Glass, U-flctor: 0.340 Comments: Air Leakage: Joints, penetrations, and all other such openings in the building envelope that are sources of air leakage must be sealed. Recessed lights must be 1) Type IC rated, or 2) installed inside an appropriate air-tight assembly with a OS' clearance fom combustible materials. Ifnon-Ie rated, the nxture must be installed with a 3" clearance from insulation. Vapor Retarder: Required on the warm-in-winter side of all non-vented iamed ceilings, walls, and floors. Materials Identification: [ Materials and equipment must be installed in accordance with the manuflcturer's installation instructions. [ Materials and equipment must be identined so that compliance can be determined. [ Manuflcturer manuals ilr all installed heating and cooling equipment and service water heating equipment must be provided. . . [ Insulation R-values and glazing U-fIelolS must be clearly marlced on the building plans or specifications. Duct lusulation: [] Supply ducts in unconditioned attics or outside the building must be insulated to R-8. [] Return ducts in unconditioned attics or outside the building must be insulated to R-4. [] Supply ducts in unconditioned spaces must be insulated to R-8. [] Return ducts in unconditioned spaces (except basements) must be insulated to R- [] Return ducts in unconditioned spaces (except basements) must be insulated to R-2.. Insulation is not required on return ducts in basements. Duct Construction: All joints, seams, and connections must be securely listened with welds, gaskets, mastics (adhesives), mastic-plus-<mbedded-iIbric, or tapes. Tapes and mastics must be rated UL 181A or UL 181B. Exception: Continuously welded and locking-type longitudinal joints and seams on ducts operating at less !ban 2 in. w.g. (500 Pal. 1 The HV AC system must provide a means Dr balancing air and water systems. Temperature Controls: Each dwelling unit has at lesat one thermostat capable of automatically adjusting the spaoe tempernture set point ofthe largest zone. Eledric Systems: Separate electric meters are required Dr each dwelling unit. Fireplaces: [l Fireplaces must be installed with tight fitting non-combustible fireplaoe doolS. [l Fireplaces must be provided with a source of combustion air, as required by the Fireplace construction provisions ofthe Building Code of New York State, the Residential Code of New York State or the New York City Building Code, as applicable. Service Water Heating: Water heaters with vertical pipe risers must have a heat trap on both the inlet and outlet unless the water heater has an integral heat trap or is part of a circulating system. 1 Insulate circulating hot water pipes to the levels in Table I. Circulating Hot Water Systems: 1 Insulate circulating hot water pipes to the levels in Table I. Swimming Pools: All heated swimming pools must have an on/o1rheater switch and require a cover unless over 20% of the heating energy is fom non-depletable sources. Pool pumps require a time clock. Heating and Cooling Piping Insulation: HV AC piping conveying fluids above 105 "F or chilled fluids below 55 "F must be insulated to the levels in Table 2. . -I Table 1: Minimum Insulation Thickness for Circulating Hot Water Pipes. Insulation Thickness in Inches bv Pine Sizes Non-Circulating Runouts Circulatin~ Mains and Runonts Un to 1" Un to I 25" 1 5" to 2 0" Over 2" Healed Water T emnerature ( F) 170-180 140-160 100-130 0.5 0.5 0.5 1.0 0.5 0.5 1.5 1.0 0.5 2.0 1.5 1.0 Table 2: Minimum Insulation Thickness for HV AC Pipes. Fluid Temp. Insulation Thickness in Inches bv Pine Si:res Pioinll Svstem Tvnes RanIJe (F) 2" Runouts 1" and Less 1 25" to 2" 2 5" to 4" Heating Systems Low PressureIT emperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate (Dr i:ed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water, Refigernnt, 40-55 0.5 0.5 0.75 1.0 and Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD (Building Department Use Only) o OF SOUTHOLD PROPERTY RECORD CARD r "- /, () -:J I -I.J - OWNER VI. Byuc.e &&7t#n FORMER OWNER VILLAGE RES.' 'z,t) LAND SEAS. VL. DIST. SUB. Lot ~ JESO--- ACR. . ).50 TYPE OF BUILDIN TOTAL Mkt. Value "~ v)( tIl.J) ~~ ~ C 7DO ,yD0 i(~ ck~ 1'5"'")q~ -6. 2.. ~1 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre. Tillable FRONTAGE ON WATER Woodland FRONT AGE ON ROAD ?0 :: ) Meadowland DEPTH I 36 House Plot BULKHEAD 1:5 ..., - ... Total DOCK - - - - ~A1- it -.f.;L ~ - ,," :-, .. n. . ! ~ " ! ///) lI- i COLOR TRIM . .. >/C/J.jh~ ':S -'- I ~~ ! .' i '.i -",,~ ! ! ~ " 'I :< I .... .. \ <!:l ( ~ II I.. . Ie 'f1 .. . ., ---, F ..\, . " ......- . dg. 3N ~q., ftJ9) " '"., , 7 128 1 I. . I ..." Ion II " ;?~ f S \ 9 !?7 :J 00 ~qb I ,~ .. . .-...... J IOn . ~'" ..-.'-"- . ,. .. '., . , ' . >.;- , \''lIb_-S on, .. '. ~.- , .., , ~" .. Foundation f Q '-<-H,h f' Bath I Dinette ...,' . ,. v. , Basement PCl.vt Floors -(.j p K. . , s-Co. " Ext. Walls OS\' Interior Finish 'a \^ E:.. l LR. ." " .. " 'J:l..1- H'27\~~). ~ "S- n Fire Place 1/ {... Heat :,,/ '" DR, (. 'I:. II . 4> .~\ ~'2.e -= ~~~>IoO\ 4-~ Type Roof I Rooms 1st Floor BR. "I .. . ;"-;"'" = .a40 It ~ ," , Recreation Roon Rooms 2nd Floor FIN. B .', ."'" o Sf 00 Pi- Dormer Driveway , .' ~ -3 DA-7 ~ ~e~. N~c~ ~~ . \..uJ- Is;::, 'otl~ ~'C ~ c..c.. '-- ~ ~, ~~.,572~1~ I '-..J I.J , '" ~ c .<0 0 . 0 . . , - r... - I ~ 1 .3 2E93C TOWN OF SOUTHOLD BUILDING DEPT. 765.1802 INSPECTION ] FOUNDATION 1ST ] FOUNDATION 2ND ] FRAMING I STRAPPING ] FIREPLACE & CHIMNEY ] FIRE RESISTANT CONSTRUCTION <<;"U1 I [ ] ROUGH PLBG. [ ] ~(ATION [nFINAL [ ] FIRE SAFETY INSPECTION [ ] FIRE RESISTANT PENETRATION Co DATE~~~NSPECTOR r G" , [ ~f: l' +_~ t -C"~\UI \\rJ\ I 8 rL.:J\ L-- -cp.--J \ Dl..-l/~ '"'~ 'THO' ') -rr \: ~, JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 11952 (631) 298-7116 To: Town of South old Building Dept. Date: October 15, 2007 Re: Insulation Inspection Bollman 1755 Trumans Path East Marion, NY Permit #32893 To Whom It May Concern: After an Insulation inspection was performed on the above structure, it is deemed that all work was done as per plan, and meets all state and local building codes at the time of construction. Any other questions please call. , \ , \ J':~~"*O"i \~ Date: October 10, 2007 JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 11952 (631) 298-7116 To: Town of South old Building Dept. Re: Framing/Strapping/Plumbing Inspections Bollman 1755 Trumans Path East Marion, NY Permit# 32893 To Whom It May Concern: A Framing, Strapping, Rough Plumbing inspection was preformed on the above property, and it is deemed that all this work was done as per plan and meet all state and local building codes. A pressure test was also performed on the entire plumbing system, and vent stack filled. Any other questions please feel free to call. /;::f'~j /'''' [. . , .,g.' ,~" '" t. ~/ CZ:c;1 '- .,.: I '.1 (~/ 'I . _ I ----- '-~. !-, .,,~- . '/ ,_..':) --.J '", ~ .l .--.............-...) JAMESJ. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 11952 (631) 298-7116 Date: July 30, 2007 To: Town of Southold Re: Strapping Inspection Bollman 1755 Trumans Path East Marion, NY Permit#31709 3~<13 Z. To Whom It May Concem: This letter certifies that all wind strapping on the above mentioned project is in tact, and meets all state and local building codes. Any questions please feel free to call. ~'", \, \. "', '-, " . 'v~~~, 4'~._ r'i" f'<'(.' - \, D':E~- (i;; ~,.., "',,' , .' -, ",-' o~ "v' "'-~ iJ' ' ""lll~t:. . , " k.:~~. .~. I ''''\ (- ~ y. ~ n '~'l '" i ~'I'I '.. ~. r\ l. : +i:o. ... ~ ..;::- " -1,., " i0 ;:y .,.;'" ,fL,' I ~~ , I$) 0 ...(\$ . ' (" ,,' . ..,' \''' ~. 'f >, I , ,-\~)~ " , r ,,,~... .- '~;;{' \ . \., Sincerely \ \\ JJ~-~erkoski P.E. \ \ 'J L~ r.~ ~ n ji [~ , \\i(~~ 3 0 l~\ th..li ... OEP~. T0'NN QF ~nl 'THO' JAMES]. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 119.52 (631) 298.7116 To: Town of South old Re: First & Second Foundation Inspections Bollman 17.5.5 Trumans Path East Marion, NY Permit# 31709z , ., 23 "Ii I ,,,-_.j To Whom It May Concern: This letter certifies that lirst & second foundation inspections were preformed on the above mentioned property and was all done correctly and meet all state and local building codes. Any uestions please feci free to call. , -< , ...-' "\ - JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattituck, N.Y. 11952 (631) 298-7116 To: Town of Southold Building Dept. Re: Unsafe Foundation Bollman East Marion, NY To Whom It May Concern: '1.\ ~ )r- ~ r:; n IVI r; n. \ -, I, V l~ I n I ---,"; ~ 92oolj/:;; J .', , '" ,),..... 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. ., John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 \\'{ I~ !" I l "'" I' '---Ji I' i. II! J, l iG , 1 3Ili _J (631) 765-1594 FAX (631) 765-3916 -'J . '''''\~D August 16, 2005 Bollman - Permit No. 31232Z Southold Town Building Department To Whom It May Concern: At the request of Pat Conklin, this letter is written to show the sequence of events leading up to the request to amend the above permit. We removed the foundation plantings at the Bollman residence in preparation to remove the existing home. While we were in the process of dismantling the house, we noticed aacks starting to appear in the foundation. Upon digging down, the foundation was found to be less and two feet below grade. We asked James Deerkoski PE to examine the foundation and he found that it would not be structurally safe to hold the new building. He has furnished your office with a report of his findings. As per his advice we requested an amendment to the existing permit to replace the foundation in the exact existing location. Sincerely, ~k 0-. (3~ u CW John A Bertani President JAB:lb C0~ v6fr 9fn\S' , . FlELD iNSPECTION REPORT DATE FOUNDATION (lST) COMMENTS FOUNDATION (2ND) T l?~ .,:d ~t"l w d '--':;' ~ -' (!Jilt... -- Cvl ,_7/JOp_;l ~ \)~ \ , , ROUGH FRAMING & PLUMBING ...J "1 CfJ V"\ ., 1J; -::-\!:l r 3- ~ G V' ~ii: ~ ~ t"' t"l ., INSULATION PER N. Y. STATE ENERGY CODE FINAL ,~), t. < (( .- -.. -c..... ",~./ ", ~ )0.- . q .:) _-f1Ji~_~ vfJ.. - ~~r-t-"'d L J.) 1'({"Id? 'd-/rI }Db ~ ~ .tee, ~V " ... ' i/(1/0f,~ ll-t_~c~~~';:!; ADDITIONAL COMMENTS o :E z m ;:0 ~ 131'1- tL",-('~J.-.J2 ~ L I ~ ~--t.. cL. - 4 PERMIT NO. 3 f 707 b '~~~ BUILDING PERMIT APPLICA ION CHECKLIST Do you have or need the folio ing, before applying? Board of Health 4 sets of Building PI s Planning Board appro val Survey Check Septic F onn NYS.D.E.C. Trustees Contact: TOWN OF SOUTH()LD BUILDING DEPARTME~T TOWN HALL ~ ~ SOUTHOLD, NY 11971 TEL: (631) 765-180.l FAX: (631) 765-95r12 www.northfork.nEt/Southold/ e", I 8 . \~-- F~ ~ Examined Approved Disapproved ale r, ~ {t.4 'WJS r 6' - fcJL.- . Mail to: Expiration - t~t!D7 ^,"'--" ..,..,r......-.."".. ~ ;.~ ~ \0 ~ ~..j~... \ ~\~PLICATION FOR BUILDING PERMIT ~~~;~_j INSTRUCTIONS D", h(). ,~ ,20~__ a. s a .N'l';~~ M~ST be completely filled in by typewritercr 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 oflot 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 South old, 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. Phone: IC-d~ Suilding Inspector ~\1^ 0e.r+v-n', Y3LLllde r ~ (Signature of applicant or name, if a corporation) 10&0 Ou.k.LAl00~ Of'lVL, Jd/,l.~~ It.- (Mailing address of applicant) AlL( II q 7/ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~f\CJ()....( CiTY\*/~( Lu. rSru..<'-.€...- (30 Jim 0.,-...) (As on the tax roll or latest deed) If applican is a corporatio ,signature of duly a horized officer c , ame and title of corporate 0 ,1Cer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1~!}Jl~l+r 6-rf' - I. Locatio~sf land on which proposed work )ll;ill be done: I '7'1~ J(u.mo.A...!l 10J....'tL , House Number Street t:~;- ({)()II(f~ Hamlet County Tax Map No.1 000 Section Subdivision 3( Block I ~ """~r~ .lJ3ot'~q 0 L{ Filed Map No. 1IIlIt'W9~ 1O~'st(. .>''Loe'".- "nuv:l ~g"Z t'. ," , . ,'.' . .."...t:,;:;., ,._.,..", OS ,f \I~l ~el!.; d ,n~r (Name) .L.. ~ J_-----L-_ --, 2. State existing use and 0.7cupancy of premises and intended use and occupancy of prop();led construction: a. Existi 19 use and occupancy 0 (\ e... fu.n> \ \ ~~ll \("\~ ~ b. Tnten ;ed use and occupancy ()0f f/lo-ml\(t. c:LiJdl.lC'S 3. N~"'re ofw. rk (check which applicable): New B-ui]ding ,/ Addition / Alteration . Repal, Removal Demolitio'l..l Other Work 5. If dwelling, number of dwelling units If garage, number of cars File ":" ., (To be paid on filing this application) Number of dwelling units on each floor (Description) 4. Estimated Cost 4 cRoo,()()0 I 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front .;t q . .(" I Height /{, Number of Stories I /' Rear ?-q. \ Depth ~ 1.10' Dimensions of same structure with alteration~'Jdditions: Front a q . (' Depth 47. )' Height :fL Number of Stories 8. Dimensions of entire nrw construction: Front ~ q . \ Rear;;l cj . \" Height lit Number of Stories CL '-. I 7 ' 9. Size oflot: Front ,'5{) Rear 50 (" , Rear ~q. \~ ;).. Depth Lf ') . 5" Depth cQO(,,07 I 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated J~ N (lie Y\ 'I- Ill' ( 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 ./ . d&.AIJU(+-IJ'1 '11111'-( 14. Names ofOwnerofrremises W &t.Lee.. lbolltf1l1A.ddress ~~,tG.-- PhoneN6. 'f1~-O()~ Name of Architect nn%~;iJfr/ (}l'rc:.kUJ t.L'Address ~r ,r NY Phone No 'f(;/)~ VIII> "'/<id'.7/1f. NameofContractod~f___ Address J __~J.-tY'"'PhoneNo. &('~/(9r J"rutkld.-- ./ 15 a. Is this property within 100 feet ofa 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. Jt..c... a>I-1-6-C..k ~ 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 oFJu:ffVl kJ cL III clc:- {J 0crt6.f\" being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the CuYJ t7 0- ~t-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 mamer set forth in the application filed ther ,with. Sworn to before me thi1\y I _ ~dayof j.l)~ -~~~' 20~ 9- \..,() f1 r/2 "--~ . v...cL cJ. K...J-h A'a tV<- Signature of Applicant BONNIE!. DOR!lSIO Notary Public. S1I\I Of New M No. 01006095328. SuIfolIICjg,u1lW Term Expira JuIJ 7,20.Q.J.. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.netlSouthold/ PERMIT NO. :3 ,} fJ93 b BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: j~ I 0 2r , ~'20~ '0 , 20 V 7 Examined Approved Disapproved alc Mail to: Expiration Iv {jQ, 2ob<t } - Phone: ~rJ/ . Bmldmg Inspector APPLICATION FOR BUILDING PERMIT Date Aro (.\ \ 10 ,20.Q!f- INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location oflot 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 ofthe 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. ;10 h t'\ &r+an: (3 U..dd..C(\Ltu (Signature of applicant or name, if a corporation) , 2, /rO (j o.--kw OlJ c- .{k" Ju Lt.-tho I L.-> (Mailing address of applicant) N/-{ "<fI( State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Gwe.!'(,L.1 C-<N\ ~ r Name of owner of premises \.0. BrLt.c..L ~o\\mGl."- (As on the tax roll or latest deed) signature of duly authorized officer Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. /~~:~~r.~r &rJ" - 1. Location oVand on which proposed work ~ll be done: 11~~ IrloUYlc..M {it-'rl-. House Number Street EV-.[+ m(.(fW~ Hamlet County Tax Map No. 1000 Section Subdivision ~\ Block \ ~ Filed Map No. ,,'Lot 0 L( Lot ~ ~ (Name) ; 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy One... +CA.IY\ \\~ we...,( l \(l d" b. Intended use and occupancy O~ \-<l..m' \(j C-wd \ \(\ g 3. Nature of work (check which applicable): New Building./ Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost " 02 (m [)1S1) , (Description) Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. NIA I 7. Dimensions of existing structures, if any: Front Height Number of Stories Depth Rear Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front .!2.q "0 Ii Rear :J Q / - 5' I Depth '-f1' " " Height ~1' Number of Stories .;J. ~I .-h.(,7' '1 11 9. Size oflol: Front uV Rear ~ _ Depth 0' DI. 0 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated Rc..s. ~ d-e,t\+1'C'-- \ 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 /' 14. Names of Owner ofpr7P1ises ILJ./Oru,t(...rOo(llYl"-'Address ~ rf1Wf'{f- (9~~~ No. l.f11- OcJ23 Name of Architect fJe...fl(\'i ~r Address _+- .:21 61"CafDtH'honeNo (ji'J'I-{)l.(W Name of Contractor ~hV' ~'. ~1b-'~ddressL"fb (){.J;wwd.fJr Phone No. P.,(-t(tfy - .Jou.-ff..c;.L- / IS 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,MA Y BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO_ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate 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 OFSl.If{v\'<-.) l\.I\.l>.<.-. {J . ~ r\un , being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the c.lM.-~~ (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 therewith. Sw llA10 before me this f'L...! I U"':' day of ----t:J.tLLl1-- 20 D1 , . I Nota Public 4-lfi-<Lc- 0. ~ Signature of Applicant MELANIE DOROSKl NOTARY PU8L1CbState of New'1llrk No. 01 D 4634870 Qualified in Suffolk County ") ''110 CommiSSion Expires September :1'0. ~ PERMIT NO. -.- BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: TOWN OF SOUTH OLD 1 __ BUILDING DEPARTl)'IEN'r. TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.netlSouthlildl 2 2005 '.-_- - r_'r- Examined Approved Disapproved ale ,20_ ,20_ Phone: Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date liw ~ "j,(p~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location oflot 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. ~h n r3er+cu, I I3w Idtr L"l 0' (Signature of applicant or name, if a cOrPoration) i 3ro Oa.kuJ:Y)& On VL J)I.L'thO 11.-, rUL! (Mailing address df applicant) 1/97/ ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder GxnC(CL i C_VYl+rcLc.A-o( Name of owner of premises Lv rZ'~UL- (2011 mcu,"-, (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. ) SVi9 "7 If =r:- PPf'rf{\,L; rod' 1. Location ofland on which proposed work will be done: 1'7 \:\ IrLlmCLfJ"J (JCL'r1- House Number Street C 0- J t- fY) un UY'--' Hamlet County Tax Map No.1 000 Section Subdivision ::,! Block I ~ Filed Map No. Lot 0 if I Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of roposed construction: . a. Existing use and occupancy 0(\ L ' \ l 1 Ie. c' . b. Intended use and occupancy OrH'__ Addition Other Work Alteration 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost {f. ~ r:\ZOO I 00 0 (Description) Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. I\] I Pi I 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories , " I , f 8. Dimensions of entire new construction: Front 2 '/ - '5 Rear.:2? - 5 Height ~? ' Number of Stories ~ Depth 4 7:"'~ " 9. Size oflot: Front 50 I Rear 5O.r, '7 I Depth I 620(00 ? 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated ~ltcJ IcLe.ni-I~L ( j .sUe Uo',iO\ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO d. e.c::.,,, \~ - - Of' f(l<J 13. Will lot be re-graded? YES_ No1 Will excess fill be removed from premises? YES_ NO / o 1- tJi ~I LI'( 14. Names of Owner oftl?remises \)) l'3rcuc {3<oIIiYW\Address ~OV mllll' AI' DrttJ'f 'P~2ne o. IP)')-06..Q ,J, Name of Architect 1~'1 kU.ll"lb,,~ ~ Address (.(1-.;;;\. (\!U.'1'orf flyPhoh'k 0 iflJ'!--()'!OO Name ofContractor:::.J,--.h" 0utLlf1, r3/J r Jf'c.. Address /3iO (){J./("j{l~n/' Phone No. 7&, -/l1'( JUV.'t-I'D\d-/VG( /147/ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES L NO _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMIT$ 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. rJ'lc- ()o" -- dU;"vcJ 'c.J,:..-0 (J-t'cl.-!(-u-J+U0 (l~rml t- cO(\. +i',<-- 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 OF S II ++VI \L--) ~ lilt! /'/ fl:?t5/7T#1Vj being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the CUY\{((\.Q:to r- (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 know ledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn If before me thi~ \' 1 ./ l"I _ day of l'; I L'V twI l-JW 20~ v , MELANIE OOROSKI NOTARY PUBLIC, State of New York No. 01004634670 Qualified in Suffolk County ,/j'\'.....' Commission Expires September 30 VVIO 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 11911 Please take notice that your application dated January 18, 2005 For a permit to demolish and reconstruct a single familv dwelling, at Location of property: 1755 Trumans Path, E. Marion County Tax Map No. 1000 - Section 3 LBlock-.U.. Lot 1 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 vard setbacks for a lot measuring less than 20,000 square feet are I 0' (feel) minimum & 25'(feel) combined. The proposed survev indicates a minimum setback of 5.9' (feet) and combined seback of 18.5'(feel). Furthermore, the lot coverage as proposed is approximatelv 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' (feel) ofthe bulkhead. tL~ GAl. , Authorized Signature FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,NY NOTICE OF DlSAPROV AL 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 3 I Block 11 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 vard setbacks for a lot measuring less than 20,000 square feet are 10'(feet) minimum & 25' (feet) combined. The proposed survev indicates a minimum setback of 5.9' (feet) and combined setback of 18.5'(feet). Furthermore, the lot coverage as proposed is approximatelv 2 I %. The allowable coverage il>, 20%. ~~ !Authorized Signature Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Pax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD August 29,2005 Certification of Chief Building Inspector to Zoning Board of AppealS RE: Premises at 1755 Truman's Path, East Marion, N.Y. 11939 SCTM# 1000-31-13-4 With reference to the above property, I am in receipt of the appeal of Jennifer B. Gould, Esq., appealing the issuance of Building Permit # 31232-Z, issued on June 28, 2005, on the grounds that the issuance of the permit is in violation of the Zoning Board of Appeal's decision in appeal #5680, issued May 12, 2005. I hereby certify to the ZBA that a stay of proceedings halting work on this project in its current state would, in my opinion, potentially cause imminent peril to life and/or property, for the following reasons: 1. A recent site inspection revealed an excavated site, as per permit # 31232-Z, which itself is environmentally unstable and when exposed to normal weathering conditions, could result in property damage to the adjoining properties. 2. The excavated area, because of its close proximity to adjoining properties, poses an imminent threat to public safety in its current state. For the aforementioned reasons, the automatic stay pursuant to Town Law 267-a(6) shall not continue in effect, on the condition that the applicant either: A. Fill and secure the work site, at the applicant's expense; or B. Continue with the project pursuant to the Building Permit, but only to the extent of the foundation, with the understanding that any work is subject to the instant appeal and approval for such work may be overturned. As such, applicant assumes the risk, financially or otherwise, proceeding with completion of the foundation. Michael J. Verity Chief Building Inspector ..~ .ton._~nw-e. ~ 2~~~ A-~~ ~4 KIERAN M. CORCORAN Notary Public, State of New Yor1< NO.02C06119838 Oualified in Suffolk County Commission Expires December 6, 20/lK' , "_':<,;d'\~ r-- .... '~'-'~-~~-;--~':~l . !_\~ lL1i01 IGll200i ifJ! -_J 'r; '"r John Bertani Builder Inc. 1380 Oakwood Drive Southold, NY. 11971 , L M (631) 765-1594 FAX (631) 765-3916 '-". 0LD - August 16, 2005 Bollman - Permit No. 31232Z Southold Town Building Department To Whom It May Concern: At the request of Pat Conklin, this letter is written to show the sequence of events leading up to the request to amend the above permit. We removed the foundation plantings at the Bollman residence in preparation to remove the existing home. While we were in the process of dismantling the house, we noticed cracks starting to appear in the foundation. Upon digging down, the foundation was found to be less and two feet below grade. We asked James Deerkoski PE to examine the foundation and he found that it would not be structurally safe to hold the new building. He has furnished your ofIice with a report of his findings. As per his advice we requested an amendment to the existing permit to replace the foundation in the exact existing location. Sincerely, ~ 0-. (3~ () ~ John A. Bertani President JAB:lb cG--1o ~61r 9'( n \ r Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM NOv ,.' IOU5 -:6 .l)t.,t/) To: Ruth Oliva, Chairperson From: Pat Conklin, Permit Examiner Re: Permit for Bollman residence at 1755 Trumans Path, E. Marion Date: November 9,2005 In accordance with condition #8 of the ZBA Board Decision # 5680, kindly review the attached permit application filed with the Building Department November 2nd, 2005. Thank you r 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.ny.us ~ ..... ~ Erin M. Crotty "Commissioner LETTER OF NO JURISDICTION. TIDAL WETLANDS ACT W. Bruce Bollman 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 April 22, 2004 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. . 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. e::'~ ~J~vans Deputy Permit Administrator cc: John Bertani Builder Inc. MHP file (kat) Mbert 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 r. SCTM#31-13-4 . . (' . R-r-:\ ')"f '1' . j II, ,'i,I, --' Name of Applicant/Agent: John Bertaini Builder, Inc. , . ,L.. JAN-6 . , . I '. , L ~')w;~_~ .,',') 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) ....x Bluff restoration through a re-vegetation plan is a necessary speciai 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. ~.r9.~."~ Albert J. Krupski, Jr. President, Board of Trustees Board Of Southold .Town Trustees SOUTHOlD. NEW YORK PERMIT NO. m S'1o L.. DATE: _.~E!i.~..~.L..~004 ISSUED TO ___._.~-=-~.~!1C}_.~~~~~.~-~.-..-.. ..----.....-..--....- -.-.... i\ut~nrii!atinu 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 Yorl 1952: and the SoidhoId ToWn Orcrlllllnce en- titled ."REGULATlNG AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBUC LANDS and the REMOVAl OF SAND. GRAVa.OR OTHER MATERIAlS FROM LANDS. UNDER TOWN . WATERS:::: and m accordance with the Reso/ution of The Board adopted at a meeting held on --~!'~~...~.~.: . 2.~O~1 and in ~sideration of the sum of $__.?~.Q~_~Q..._ paid by W. Bruce Bollman .. _..__._..._______.._... ...____............._....... .._h....._.__....._.........._..._._._.________......_.... of ____~~~_t._.M~!:~~]:L__._....~_.._.~..__.._m._..m N. Y. and. subject to the Terms and Concrdions listed on the reverse side hereof. of SouthoId Town Trustees authorizes and permits the foIoWing: WeUand Pennit to demorlSh the existing dwelling and construct a new two-slIlIy dwelling on the same toolprinl, and construct a first floor and second-story addition to the new dweIIlng, with the condition dJyweIIs and gut\efS 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. . aI in acc:ordanc:e with the detailed specific:ations lIS presented in . the originating application. IN WITNESS WHEREOF. The said Board Of Trustees here- by causes its Corporate Seal to be affixed. and these pc'llSllIIts to ~--~._~~~~...-~ ~ ~~ 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 South old Town Board of Trustees at their Regular Meeting held on Wednesday, December 21, 2005: RESOLVED, that the Southold Town Board of Trustees 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, ~.j r;. ~.'9n. Albert J. Krupski, Jr. President, Board of Trustees AJK:lms - ~ DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVIJS FEDERAL BUILDING NEWYORJ(, N.Y.1lJ278.OO9O MAR ~ 1 2004 REPlYTO ATTENTION OF; Eastern Permits Section Linda Bertani John Bertani Builders, Inc. 1380 Oakwood Drive Southold, NY 11971 SUBJECT: Joint Application with New York State Department of Environmental Conservation W. Bruce Bollman, 208 Main Street, Greenport, New York Dear Mr. Bollman: We have recently received a copy of the Joint Application for Permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the Joint Application, and based solely upon the information provided, it appears that a Department of the Army permit is not required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has not been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Army permit will be required. Any inquires should be directed to the Regulator-of-the-Day at 212-264-6731. Sincerely, fl..! <\L QAt Mark Steven Roth Acting Chief; Eastern Permits Section DEC Application No. -1-4738-03338/00001 .' "1 f , I II ; IG 2 3 200i J : JENNIFER B. GOULD Attorney at Law - L... I , . . _", T:~.-'1;O M "n Street. P,O. Box 177 . Creenport, New York 11944 L_~..::.'..:... ~~_ ._.,>!f)~D Telephone 631-477-8607 . Fax 631-477-2601 August 23, 2005 Ruth Oliva, Chairperson Zoning Board of Appeals Michael Verity, Chief Building Inspector Patricia Conklin, Plans Examiner RE: Appeal of Building Permit and Amended Permit 31232 Z in relation to Board of Appeals Decision No. 5680 Premises: 1755 Truman's Path. East Marion. NY SCTM # 1000-31-13-4 Dear Ms. Oliva, Mr. Verity & Ms Conklin: Enclosed please find a copy of my Notice of Appeal in connection with Building Permit No. 5680 issued June 28, 2005 and amended August 9, 2005. In accordance with Town Law Section 267-a (6), all construction at the above premises shall be automatically stayed. All Building Department records in connection with this permit should be transferred to the Board of Appeals, pursuant to Town Law Section 267-a (3). Very truly yours, ~... I! '^ ~~. .~ Ptl n/U' I J ifer B. Gould nclosure cc: Eric Bressler, Esq. Kieran Corcoran, Esq. John Bertani Builders Inc. NOTICE OF APPEAL TO BOARD OF APPEALS In the Matter of the Appeal of Jennifer B. Gould From a Decision of Patricia Conklin, Plans Examiner and the Southold Town Building Department TO THE BOARD APPEALS OF THE TOWN OF SOUTHOLD SIRS and MADAM: PLEASE TAKE NOTICE that Jennifer B. Gould, hereby appeals to the Board of Appeals of the Town of Southold, from a decision of patricia Conklin, Plans Examiner, to issue Building Permit No. 31232 Z, dated June 28, 2005, and an amendment to Building Permit No. 31232 Z dated August 9, 2005, related to the premises located at 1755 Truman's Path, East Marion, NY, County Tax Map No. 473889 Section 031 Block 0013 Lot. No. 004, pursuant to an application dated June 22, 2005 and approved by the Building Inspector to expire on December 28, 2006 (copies attached). The grounds for this appeal are as follows: 1. The application for building permit received June 22, 2005, should not have been approved by the Building Inspector because it states that the height of the new construction and alterations shall be thirty (30') feet which does not comply with the Board of Appeals decision filed May 25, 2005, in Appeal No. 5680, in which the height of the new construction was reduced to a maximum height of 27 feet to the highest peak; and 2. Ms. Conklin and the Chief Building Inspector exceeded their authority by amending building permit No. 31232 on August 9, 2005, to allow for the removal and replacement of the existing foundation at the subject premises, since removal and replacement of the foundation was not authorized by the Board of Appeals decision filed May 25, 2005, in Appeal No. 5680. Dated: Greenport, NY August 23, 2005 c:J~L::/{?n!!! To: Ruth Oliva, Chairperson Zoning Board of Appeals Michael Verity, Chief Building Inspector Patricia Conklin, Plans Examiner ., " c' JENNIFER B, GOULD Attorney at Law 3 Ll.1 210 Main Street. P.O. Box 177. Creenport, New York t 1944 Telephone 631.477.8607 . Fax 631 '477.260 I L ,"",_0\". November 3, 2005 :~ r' Albert J. Krupski President, Board of Trustees 53095 Main Road, P.O. Box 1179 Southold, NY 11971 RE: W. Bruce Bollman 1755 Truman's Path, East Marion, NY (SCTM # 1000-31-13-4) Trustee Permit No. 5901 (dated 4-21-2004) Dear Mr. Krupski: I am the owner of 1820 Truman's Path, East Marion, NY (SCTM # 1000-31-13-3), my property borders Mr. Bollman's property on the west. In your letter dated October 19,2005, to the Board of Appeals, you stated that the new foundation at the Bollman premises is landward of the Coastal Erosion Hazard line, according to the survey revised on August 29,2005 by Joseph Ingegno Land Surveyor. However, the excavation at the Bollman premises presently extends at least 5 feet seaward of the Coastal Erosion Hazard line and is more than 10 feet deep. Any excavation in this area is defined by the Southold Town Code as a regulated activity and requires a permit issued by the Board of Trustees as the Administrator. See Sections 37- 6; 37-11; 37-12; & 37-13 under Southold Town Code, Chapter 37, Coastal Erosion Hazard Areas. Enclosed please find 3 photos taken in September 2005 of the Bollman excavation. Mr. Bollman needs a Coastal Erosion Permit; before a building permit may be issued pursuant to the Board of Appeals decision rendered October 27, 2005. A copy of the ZBA decision is attached. In addition, Mr. Bollman needs Trustee approval for construction of a new septic system that is proposed in an area of his property that is within 100 feet of the Bluff line, in contravention of the setbacks mandated by Southold Town Code Section 97-12 D. (1 )(b )[2]. Trustee Permit No. 5901 was issued based on a survey dated May 6, 2004 by Joseph A. Ingegno Land Surveyor that did not include any plan for a new septic system. 1 '. On December 28,2004, the Ingegno survey of the Bollman premises was updated to show the addition of the proposed septic system; it appears on all subsequent surveys of the Bollman premises. In conclusion, if Mr. Bollman intends to proceed with his project as proposed and approved by the ZBA, he must apply for a Coastal Erosion Permit and a Trustee's Permit, both subject to notice and public hearing, before any building permit may be issued. If you have any questions regarding this matter, please contact me. Very truly yours, 'fer B. Gould Enclosure cc: Michael J.Verity, Chief Building Inspector Board of Appeals 2