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108 Comments by davbud

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Construction worker killed in job site accident in Southampton Village

I hope this incident will be a much needed wake-up call, like the Triangle Shirtwaist Factory fire in New York City (1911), that will focus attention on unlawful practices that benefit exploitative business owners willing to "cut corners" by endangering workers. Such practices thrive in an atmosphere of do-little governmental regulation and oversight. I note the building permit was issued to the property owner. Was this one of the all too common instances where the property owner obtains a Building Permit in his/her name by claiming to be a "self-contractor," thereby circumventing the requirement to use only licensed contractors and subs. Did the Village verify Workers Compensation coverage for this job? How many inspections by the Village Building Inspectors were performed to date? With so little construction work going on at this time, the Village should have had a very close watch on this job site. Did they? The complete investigation report will make interesting reading and, hopefully, lessons will be learned and strong corrective action taken." Jan 8, 09 10:13 PM

East Hampton Supervisor Hails Financial Progress, Sees More Cuts In Town's Future

It would have been forthright if the Supervisor had included in his State of the Town address some mention of the fact that the cost of the Primary Permit for all residents to use the Town Recycling Centers was about to be increased by $30, from $70 to $100. The Resolution was adopted later that evening unanimously!" Jan 12, 11 6:15 PM

Town Will Investigate Charges Of Code Violations At Springs Home

Hey Board Watcher, all my photographs were taken from Pardini Lane and Copeces Lane. And, PressGroup, thanks for the photo credit. If you lived on or near Pardini Lane or Copeces Lane this is the scene you would see every day. But my real gripe is that 27East.com allows all you weak-kneed, yellow-bellied Commenters to hide behind "screen names," rather than requiring you to use your real, verified names. If you do not have the courage of your convictions ... please shut up. David Buda" Feb 26, 11 1:06 PM

I don't speak to people to hide in the shadows. David Buda" Feb 26, 11 5:58 PM

Make that "people who hide in the shadows." Mea culpa. David Buda" Feb 26, 11 5:59 PM

Report Shows Uptick In Housing Investigations In Springs

The article refers to the very recently decided case brought by the Town against Carlos Cando as owner of the single-family residence at 312 Three Mile Harbor Road, in the Olympic Heights section of East Hampton. Court Docket #11030044 alleged 8 counts of violating Twn. Ord. # 255-11-64C ("Partial Occupancy or Rental") for 7 keyed bedroom doors and 1 keyed basement access door. That Ordinance prohibits: "Rentals to, or use or occupancy by, any person or persons of less than the entire residence, except as permitted in § 255-11-63C(3) and (4) hereof." Moreover, "A violation of the provisions of this section shall be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment not to exceed six months, or both." There was a charge of "Multifamily Occupancy" (for 7 bedrooms with 10 tenants, including a basement bedroom). The first floor dining and living rooms were unlawfully converted to bedrooms, and the second floor den and study were also unlawfully converted to bedrooms. There were 2 charges of "Overcrowding." 5 counts of "No Building Permit" and 5 counts of "No Certificate of Occupancy." Docket # 11030043 alleged 18 violations of the State Fire Code (no smoke alarms and unapproved electrical conditions), 3 violations of the State Residential Code (no carbon monoxide alarms), and 2 violations of the State Property Maintenance Code (blocked egress). At the request of the defendant's attorney, Johanna Caleca, Esq. this case was given a special court date on a Tuesday, whereas all other "Zoning Calaendar" cases are heard on Monday afternoons. The Springs Court Watch team could not be present that day. According to the subsequently obtained Court Clerk's notations, the 2 Dockets containing a total of 44 separate charges were disposed of with a plea of guilty to one charge of Partial Occupancy ($500 fine) and a plea of guilty to one count of Fire Code Violation (no fine). All other charges were "dismissed in satisfaction" of the plea agreement. A Conditional Discharge Order was also entered allowing the Ord. Enforcement Dept to re-inspect, after giving actual Notice, for Health & Safety violations for a period of one year. In the interim report released by Mr. Gunn at the end of February this property owner was identified as the one violator who had the most cited as having garnered the most alleged violations. What is wrong with this picture?

" Apr 20, 11 11:03 PM

The above post has been submitted by David Buda." Apr 20, 11 11:05 PM

Riverside Property Owner Faces 130 Violations; Town To Hold Hearing On Property

Google Earth image dated 9/19/2010 clearly shows large section of roof covered with a blue tarp. Perhaps the SH Code Enforcement department should utilize all the tools at their disposal to identify, in a timely manner, properties with obvious problems. David Buda" Oct 19, 11 12:11 AM

East Hampton Town Board Members Divided On Future of Scavenger Waste Plant

Clearly this is a major issue having significant long term financial and environmental consequences for all the Town residents. Currently the scavenger waste plant is operating only as a Transfer Station, storing and consolidating loads until they can be transported westward in a more efficient manner than if the Transfer Station did not exist at all. Presumably all the acavenger waste is now being transferred to the Riverhead Town municpal facility. Although possibly not the best permanent solution, can someone please explain why it is not in the Town's best interests, at least for the short-term (up to a year or so) to continue the Transfer Station use only, while a consensus is achieved as to the best long-term solution. Moreover, shouldn't operation of a Transfer Station be able to be accomplished at minimal cost to the Town, passing along to all users of the facility the true net costs incurred by the Town to maintain the Transfer Station. David Buda" Feb 16, 12 12:13 PM

Oh, that's a helpful comment. What are you suggesting, that we embrace anarchy?" Feb 16, 12 1:21 PM

East Hampton Town Board Mulls Over Pantigo Place Bid

Come on Bill, after this temper tantrum or hissy fit, you should get a "time out." David Buda" Feb 22, 12 3:49 AM

Around East Hampton Town Hall: Illegal Overcrowding Still An Issue, Springs Residents Say

Hey "whoisthis" and "hellothere," what have you accomplished in your lives? I am proud of everything I have achieved over the course of a long professional career and evertything I am currrently doing, and trying to do, to make the Town of East Hampton and The Springs a better place to live. On the other hand, obviously, you have something to hide: your names. Some of my credentials: Syosset H.S., Class President; Cornell Univ., B.A; Columbia Univ. M.A.; Rutgers Law School, J.D., with Honors Award to Graduating Senior Most Distinguished in Appellate Advocacy; Law Clerk to N.J. Chancery Division Judge; 23 year career as successful attorney; NJ & NY licensed science teacher; Position #1 county-wide on each of the following Eligible Lists for Suffolk Cty. Civil Service positions: Ordinance Inspector (12/03/10), Town Investigator (12/03/10), Land Management Specialist II (10/17/08), Investigator I (02/02/07), Ordinance Enforcement Officer (02/15/06), Code Enforcement Officer (11/19/04). The answer to your question "what does one have to do ..." is, surprising, "very little indeed," and it doesn't have to involve any loss, harm, injury or detriment to anyone at all. Now let's take a magnifying glass to your lives. OK? Why don't you deal with the issues of importance to our community? And, would you consent to an inspection of your residences for illegal, overcrowed housing violations? Somehow, I douibt it. Get a life! Proudly, I am, David Buda." Feb 25, 12 11:55 PM

However, I am not proud of the two typo's in the above post. Mea culpa. David Buda" Feb 26, 12 12:01 AM

Finding that I have not suddenly been struck down by lightning leads me to the inevitable conclusion that perhaps I was meant to continue on the worthy path I have chosen to help lead "The Springs Concerned Citizens," a/k/a the "Unoccupy The Springs” movement. For your information, attorney trust account regulations are inflexible and regardless of the de minimis amount involved, and the absence of any monetary loss, harm or inconvenience to any client, even a single fully resolved past error in judgment can cause thoughtful people to be willing to “fall on their sword” rather than engage in a protracted debate over the meaning of “knowing,” especially when one has long ago chosen to “move on” and take on new challenges. As the bard once said, “Neither a lender nor a borrower be.” So, whoisthis, Esq., now that your political operative's quiver is empty, and you have spent your load, thanks for the wake up call. It's going to be fun! David Buda, Juris Doctor" Feb 28, 12 9:40 AM

Town Recieves Two Bids To Operate Amagansett Tennis Courts

RES-2010-1033: "Town Board believes that the members of Sportime, Inc., possess special and unique abilities with regard to the operation of the facility and that retaining them to operate the facility will be in the best interests of the Town." ... "Town Supervisor is hereby authorized to enter into an agreement with Sportime, Inc., for the operation of the Terry King Park Recreational Building, from January 1, 2011 through August 31, 2027 at no costs to the Town." - SPORTIME Amagansett's Indoor Multi-Sport Arena, located just across the street from the tennis & swim club, offers a variety of great winter/spring programs. Click here to learn all about our amazing new facility. Located in the heart of the Hamptons, SPORTIME Amagansett Multi-Sport features an air conditioned, regulation size rink, measuring 200 feet long by 100 feet wide. The facility includes three basketball courts, three competition volleyball courts and two motorized gym divider curtains to allow for small group training and team practices. SPORTIME's newly renovated Arena is ideal for youth and adult roller hockey, soccer, lacrosse, basketball and volleyball. Additional activities include, indoor baseball training, flag football, inline skating, birthday parties, Bar Mitzvahs and more! SPORTIME MULTI-SPORT
BIRTHDAY PARTIES
at Amagansett Multi-Sport
Treat your child to the greatest birthday ever!
Party Theme: The Birthday boy or girl will spend his/her birthday playing
soccer, floor hockey, basketball, baseball, dodgeball, or a multi-sport combination
of his/her favorites.
Party Schedule: Birthday parties take place on weekends and on weekday afternoons
and are 90 minutes long. Children spend one hour playing all of their
favorite sports and one half-hour celebrating in our party room.
What We Supply: SPORTIME supplies a state-of-the-art, climate controlled
multi-sport facilty, qualified teachers and coaches, all sports equipment, party
favors, party invitations, thank you cards, and all party paper goods.
Food: SPORTIME supplies pizza (one slice per child) and soda for each child.
Parents are responsible for supplying the cake & candles.
Member Fee: $305 for up to 12 children | $12 each add’l child
Non-Member Fee: $345 for up to 12 children | $12 each add’l child
(Please note: Gratuities are not included)
BOOK YOUR NEXT PARTY TODAY!
---- Perhaps the Town should not be entering into 16+ year agreements with private entities to operate public owned facilities. David Buda" Mar 5, 12 8:59 AM

Two corrections, one for each side: 1) It was a Request for Proposals, not a bid process, that created the current arrangement (See Resolution 2010-784, "Town Attorney's office is hereby authorized and directed to negotiate an operating agreement with Sportime for the operation of the recreation building at the Terry King Park, subject to further review and approval of this Board."); and, 2) Town of East Hampton IS a corporation, albeit, a Municipal corporation. David Buda" Mar 5, 12 5:44 PM

Around East Hampton Town Hall: Town Board Considers Amending Town Code To Allow Bedrooms In Basements

Been there, done that already!
The question of whether to permit construction of bedrooms in basements (and cellars), under any circumstances, in the Town of East Hampton was fully considered by the Town Board in 2004. The Board plainly said “No.”
LOCAL LAW NO. 36 OF 2004
A public hearing was held December 16, 2004 regarding amending Chapter 255 ("Zoning") to combine the definitions of “basement” and “cellar” and more clearly detail the location of natural grade on the property that will be utilized in measuring the height of a story.

The “Findings and Objectives” of the Law were stated as follows:

The State of New York has recently enacted a new building code that has created some confusion with the current Town Code regarding the legality of bedrooms in basements and cellars. It is the intention of this local law to clarify the Town Board’s position on the safety issues presented by the legalization of bedrooms in basements or cellars. The Town Board believes, based on information from both the Chief Building Inspector and the Chief Fire Marshall, that bedrooms should be unequivocally prohibited in cellars or basements due to safety concerns related to egress. Additionally, this local law clarifies that the natural grade adjacent to the cellar will be utilized in measuring the height of a story.

"Precedent Makes Law; If You Stand Well, Stand Still."
David Buda, The Springs Concerned Citizens
" Mar 6, 12 11:30 PM

Springs Resident Calls For East Hampton Councilwoman Theresa Quigley To Resign In Wake Of "Nazis" Comment

Keep an eye out for my upcoming series entitled "The Springs Justice Court Watch Report." It will provide details of cases adjudicated in the East Hampton Justice Court from July 1, 2010, that alleged violations of Town zoning laws at properties in The Springs, with an emphasis on those ordinances that regulate lawful housing occupancy conditions in single-family residential zones. The names of some of the offenders may surprise, if not shock, many. The focus of The Springs Concerned Citizens group is directed towards ALL who want to profit from and perpetuate the wanton disregard of our single-family zoning laws. The details of these fully adjudicated cases will spotlight the many successes, and some failures, of the Ordinance Enforcement Department, Town Prosecutors and Town Justices in addressing the problem. It is significant that many of these cases arose from citizen complaints predicated upon having made careful observations of suspected violations. The Reports will be distributed to members of The Springs Concerned Citizens and also made available to other media. David Buda " Mar 23, 12 10:45 AM

Town Justice Court cases are commenced only when the Ordinance Enforcement Department, acting pursuant to guidelines established by the Director of Code Enforcement and the Public Safety Division Administrator, indicate the allegations have merit. Perhaps one of the Complaints alleging zoning ordinance violations that was brought to Town Justice Court and resulted in a plea of guilty that I will summarize in The Springs Court Watch Report actually involved "hohum123" but, alas, we will never know because he does not have the strength of personal character to use his name when participating in public discourse. David Buda" Mar 24, 12 11:03 AM

Ruling On Georgica Beach Goes In Macklowes' Favor

If you have the patience to read, and the knowledge to understand, the entire Decision, there actually is a lot in there that should gladden the Town Trustees and all who support public beach access rights. On page 12: "[T]he Court dismisses the ... causes of action which seek a declaration that the south boundary of plaintiffs' property is the high water mark of the Atlantic Ocean and that their property retains its littoral rights. The deeds in question do not describe the boundary as the high water mark and the claim was abandoned by plaintiffs.... Moreover, while the plaintiffs continue to argue a claim of rights as littoral proprietors, the Court rejects same. Any accreted sand that extends the beach seaward is being added to the Trustee beach lands between the high water mark and 'the average southerly line of beach grass on the beach of the Atlantic Ocean.' Since to be a riparian owner one must be an owner with a boundary on the ocean ..., plaintiffs cannot claim to possess littoral rights. However, as inhabitants of the Town of East Hampton, the plaintiffs possess the right of access to the waters of the Atlantic Ocean and the beach land owned by the Trustees." On page 13: "The Court agreed with the Trustees at tral that plaintiffs' self-serving deeds that were filed ... immediately prior to trial should not be considered by the Court as evidence." FYI, "littoral rights" are usually those concerned with the use and enjoyment of the shore. David Buda, J.D." Mar 28, 12 9:19 AM

East Hampton Democrats Challenge Town Board Republican Majority's Sale of Ronjo Alleyway

Where is the Appraisal commissioned by TMBH "published?" Why do you state the Alleyway has "no development rights whatsoever?"" Apr 9, 12 7:34 PM

The above post is by David Buda." Apr 9, 12 7:35 PM

I'm sorry Jane, but if the Alley were being appraised based on the worth of the developmental potential that would be added to the property of TMBH, LLC, then it would be valued at substantially more than the number Clark & Marshall calculated. When the current, or a future owner chooses to, or is required to, undergo a Site Plan process before the Planning Board, the inclusion of the area of the Alley and the elimination of "street" setback requirements from the Alley would enable construction of substantially more development than is presently allowed under the present legal configuration of the two separate tax map lots bisected by the Town-owned Alley. Also, if my memory and intuition serve me correctly, don't you have a close relationship to one of the principals of TMBH?" Apr 10, 12 8:14 AM

Also, I believe this week's local newspapers will be able to do an in depth comparison between, and analysis of, both very different Appraisals that have been proffered. Let the objective readers decide for themselves. David Buda, Springs." Apr 10, 12 8:18 AM

I also was at the Town Board Work Session meeting yesterday morning. I can assure you that ALL OF MS. QUIGLEY'S ALLEGATIONS WERE SOUNDLY REFUTED AND DENIED BY MS. OVERBY. NOTHING AT ALL was "CONFIRMED!" I have never heard anyone involved in this issue state that they wish anything other than the best of luck and great financial success for anyone who is willing to make a substantial monetary investment in Montauk provided, however, they understand they must abide by the Town laws and development rules and regulations. Moreover, I have not heard any elected official or political leader rule out the prospect of selling the portion of the Town-owned Alley that bisects the former Ronjo Motel property (for fair market value), provided there is no good planning reason to retain any public right of access for utilities, parking, fire safety, etc. Any possible delay in the project has being caused by the fact the sophisticated buyers appear to have bought a "pig in a poke" and only a week or so after the Closing did they approach the Town Supervisor to request obtaining ownership and clear title to the Alley. Moreover, many Montauk residents have complained loudly about numerous problems that have developed at some Montauk "trendy hot spots" (although those complaints appear not to be directed towards Sole East), and attribute those public nuisances to the fact the properties were allowed to be expanded without benefit of any Planning review, and then morphed into something much more than what they were as pre-existing non-conforming businesses. Here, the folks behind The Montauk Beach House are following the same dubious "game plan" by studiously avoiding Planning Board Site Plan review (see the tape of the March 8 A.R.B. Hearing for Chris Jones' admission to that effect). Perhaps due to receiving erroneous advice, they mistakenly believed the Town Code allowed them to demolish the East Building (containing an office and staff housing, etc.) and then build a new building from scratch "on the same footprint" but with the "re-purposed" building having a totally new basement storage level, a new “outdoor bar” to serve all who might congregate on the Alley and hotel courtyard, etc. They apparently were ultimately told they did indeed needed to submit a separate Building Permit application to do so, one that might be determined to require Planning Board Site Plan review and approval (of change of use, parking, sewerage, lighting, occupancy limits, etc.). They then reportedly simply ignored the Town's Building Department directives and the plan language of the Building Permit issued, and excavated a new basement and poured new concrete footings. This, they were quoted as saying, was just a little "misunderstanding." This display of hubris and arrogance is what resulted in the issuance of a Stop Work Order. I'm sorry Ms. “MTK,” but any hardship and delay has clearly been "self-created." And, lastly, why aren't you proud of the name you were given and willing to come out of the shadows and use your real name? It shows me you may have a "hidden agenda." David Buda, Springs. " Apr 11, 12 1:12 AM

Montauk Residents Support Ronjo In A Petition

I have never heard anyone involved in this issue state that they wish anything other than the best of luck and great financial success for anyone who is willing to make a substantial monetary investment in Montauk provided, however, they understand they must abide by the Town laws and development rules and regulations. Moreover, I have not heard any elected official or political partisan rule out the prospect of eventually selling the portion of the Town-owned Alley that bisects the former Ronjo Motel property (for fair market value), provided there is no good planning reason to retain any public right of access for utilities, parking, fire safety, etc. Any possible delay in the project has being caused by the fact these sophisticated developers appear to have bought a "pig in a poke." It was only a week or so AFTER the Closing of the sale did they approach the Town Supervisor to request obtaining ownership and clear title to the Alley. Moreover, many Montauk residents have complained loudly about numerous problems that have developed at some Montauk "trendy hot spots" (although few if any of those complaints appear to be directed towards the operation of Mr. Jones' Sole East). They rightly attribute the cause of such public nuisances as being the fact those properties were allowed to be expanded without benefit of any Planning Board review, and then morphed into something much more than what they were as pre-existing non-conforming businesses. Many responsible Montauk restaurant and bar owners have not sought to avoid the planning process. The resulting developments have been made better as a result, for both the customers of those businesses and the public at large. Here, however, the folks behind The Montauk Beach House are following the dubious "game plan" of studiously avoiding Planning Board Site Plan review (see the tape of the March 8 A.R.B. Hearing for Chris Jones' admission to that effect). Perhaps due to receiving erroneous advice, they mistakenly believed the Town Code allowed them to demolish the East Building (containing the motel office and staff housing, etc.) and then build a new building from scratch "on the same footprint" but with the "re-purposed" building having a totally new basement storage level, a new “outdoor bar” to serve all who might congregate on the Alley and hotel courtyard, etc. They apparently were ultimately told they did indeed need to submit a separate Building Permit application to do so, one that might be determined to require Planning Board Site Plan review and approval (of change of use, parking, sewerage, lighting, occupancy limits, etc.). They then reportedly simply ignored the Town's Building Department directives and the plan language of the Building Permit issued, and excavated a new basement and poured new concrete footings. This, they were quoted as saying, was just a little "misunderstanding." This display of hubris and arrogance is what resulted in the issuance of a Stop Work Order. Any delay of the project that may result is solely due to its very late start and lack of exercise of due diligence and proper planning, Any "hardship" that may occur has clearly been "self-inflicted. David Buda, Springs. " Apr 11, 12 1:37 AM

"MTK" you appear to be Kyle Paseka [Drumm], who is described in today’s EH Star as being “the operations manager for the [Ronjo or TMBH ?] hotel”. Am I right? If so, you observed first hand at Tuesday’s Town Board Work Session that Ms. Overby flatly deny the naked, unsubstantiated allegations of "intimidation" of town employees that were made by Ms. Quigley. Is someone suggesting Ms. Overby somehow "tricked" the new owner into flagrantly violating the terms of its Building Permit so the Town's Building Department would have valid reason to issue a Stop Work Order as soon as the facts on (or under) the ground came to their attention? I think not. The developers shot themselves in the foot. Don't blame the messenger! David Buda, The Springs. " Apr 12, 12 11:08 AM

Around East Hampton Town Hall: Town Clerk Rejects Ronjo Petition

Bill Wilkinson imagined as a "used car salesman?" Now that's an interesting metaphor. David Buda" Apr 24, 12 10:07 AM

Residents File Suit Over Ronjo Motel Decision

To Board Watcher (she who has no name). How will you "remember this" when the Plaintiffs prevail? Have you read the papers submitted? Have you done any of the research necessary to formulate an educated opinion on the merits of the legal issues? Do you care in the least what the statutory and case law mandates? Don't count your chickens before they hatch. You may be surprised by which "side" turns out in fact to be the one that is "costing residents and taxpayers money." David Buda" May 2, 12 8:35 PM

East Hampton Town Residents Oppose Entertainment Law

Remember, truth is an absolute defense to any action for alleged defamation (oral slander or written libel). Moreover, opinions are also not actionable. David Buda" May 6, 12 8:52 PM

East Hampton Ordinance Enforcement Department Faces Staffing Woes

Certainly NOT more Police. We need more Ordinance Inspectors in the East Hampton Town Ordinance Enforcement Department. David Buda " May 8, 12 7:39 PM

East Hampton Town and Surf Lodge Settle For $100,000

Clearly a very significant result, and Messrs Connelly and Gunn (as well as all the Ordinance Inspectors invovled in issuing the Charges) should take pride in a job well done. Now, the Town needs to see the wisdom of hiring more Ordinance Enforcement Inspectors so the Department does not fall down on the job due to the current unanticipated staffing problems. David Buda" May 14, 12 7:48 PM

High-Speed Chase Followed East Hampton Shooting; Driver Identified

BTW, the East Hampton Town Garbage Transfer Station on Springs -Fireplace Road is not located in The Springs. David Buda" May 25, 12 1:08 AM

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