Preview
FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
__________________ ________-_ -------------X
TRUE NORTH AQUISITIONS LLC, Index #612899/2019
Petitioner-Plaintiff,
-against-
TOWN OF HEMPSTEAD, TOWN OF AFFIDAVIT
JOHN ROTTKAMP, personally and in his
official capacity as the Commissioner of the
Town of Hempstead Building Department,
CHARLES KOVIT, personally and in his
official capacity as the Chief Deputy Town
Attorney for the Town of Hempstead,
Defendants-Respondents.
------------------------------------------------X
STATE OF NEW YORK )
ss:
COUNTY OF NASSAU )
JOHN ROTTKAMP, being duly sworn, deposes and says:
1. I am the Commissioner of the Town of Hempstead Building Department and, as
1 of 5
such, am familiar with the facts and circumstances giving rise to this proceeding and this
FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019
State certified professional code administrator as well as a New York State certified code
enforcement officer.
4. As Commissioner, my duties include, among other things, overseeing
compliance and the enforcement of the Town's Building Zone Ordinance to the nearly 167,000
homes in the Town (outside incorporated villages). To this end, I have various examiners,
inspectors, and code enforcement officers with whom I work and who report to me.
5. My duties include ensuring that any new home constraction is built in
accordance with all applicable state and local requirements and approvals and, when there is a
deviation or failure to follow those requirements or approvals, suspending the permit or stop
work on the premises pending a correction of the condition or a resolution.
6. I am familiar with the premises at 25 Bayside Drive, Point Lookout, New York
(the "Premises"), owned by the Petitioner and the subject of this proceeding and this
application.
7. The prior owner of this property, upon which the Petitioner is building a house,
2 of 5
FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019
9. Upon information and belief, the lot size proposed in each application was
identical with the determining factor being the size of the construction in the second being
smaller and the height lower.
10. In other words, by way of analogy, the applicant before the NCPC asked to have
a Chevy Suburban placed on each lot and when that was denied as too large, returned with a
separate application that they allow a Chevy Volt. The NCPC approved the Volt and the
applicant went out and tried to build the Suburban.
11. As part of my statutory responsibilities, upon becoming aware that the
construction at the Premises did not conform to the approval obtained from the NCPC, my
Department properly suspended work at the Premises on March 28, 2019.
12. As often happens in similar instances, a prior owner's actions become the
responsibility of the current owner and, respectfully, itis not enough to state that the property or
home was purchased in that condition - it is incumbent upon the current owner to remove the
nonconformity or comply with the prior requirement.
3 of 5
FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019
Board of Appeals for a determination as to whether the decision was improper and requesting
that the suspension order be vacated. For reasons of which I am not aware, the Petitioner did
not seek such administrative review, but chose instead to bring this action seeking judicial
intervention.
16. The Petitioner brought an application by Order to Show Cause and requested,
and obtained a Temporary Restraining Order (TRO) on September 25, 2019 preventing the
Town from performing its statutorily imposed responsibilities and properly enforcing the
suspension order. In effect, tying the Town's hands and allowing the Petitioner to continue
building a structure for which ithad not received the proper and necessary approvals. Again, if
the Petitioner had sought to have the decision of the Building department reviewed, it had only
to request review by the Town's Zoning Board of Appeals as the Code requires.
17. In bringing itsapplication, the Petitioner has gratuitously, unfortunately, and
absurdly alleged wrongdoing by the Town and this Department as a means to justify itsown
inaction and deflect blame for its failure to meet its own responsibilities. Nothing could be
4 of 5
further from the truth - we have performed our jobs and refused to as the
FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019
are met. The current status on the inspections for the Premises, which are initiated on prior
request by the Petitioner, is:
a. Plumbing inspections: inspections have not been requested for the fixture
connections and final sign offs.
b. Building inspections: The last inspection was for insulation, additional
inspections will be required for completion of construction including
sheetrock, flooring, handrails, finishes etc.
c. Energy inspection: Awaiting submission.
d. Electrical inspection: Awaiting submission.
e. Final Survey and Elevation Certificates: Awaiting submission
20. In light of the foregoing, it isrespectfully requested that the current application
seeking to vacate the TRO be approved so that the Building Department can ensure that the
construction at the Premises is in with applicable Codes and approvals - that itbe
conformity
allowed to do itsjob.
5 of 5
Preview
FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU __________________ ________-_ -------------X TRUE NORTH AQUISITIONS LLC, Index #612899/2019 Petitioner-Plaintiff, -against- TOWN OF HEMPSTEAD, TOWN OF AFFIDAVIT JOHN ROTTKAMP, personally and in his official capacity as the Commissioner of the Town of Hempstead Building Department, CHARLES KOVIT, personally and in his official capacity as the Chief Deputy Town Attorney for the Town of Hempstead, Defendants-Respondents. ------------------------------------------------X STATE OF NEW YORK ) ss: COUNTY OF NASSAU ) JOHN ROTTKAMP, being duly sworn, deposes and says: 1. I am the Commissioner of the Town of Hempstead Building Department and, as 1 of 5 such, am familiar with the facts and circumstances giving rise to this proceeding and this FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019 State certified professional code administrator as well as a New York State certified code enforcement officer. 4. As Commissioner, my duties include, among other things, overseeing compliance and the enforcement of the Town's Building Zone Ordinance to the nearly 167,000 homes in the Town (outside incorporated villages). To this end, I have various examiners, inspectors, and code enforcement officers with whom I work and who report to me. 5. My duties include ensuring that any new home constraction is built in accordance with all applicable state and local requirements and approvals and, when there is a deviation or failure to follow those requirements or approvals, suspending the permit or stop work on the premises pending a correction of the condition or a resolution. 6. I am familiar with the premises at 25 Bayside Drive, Point Lookout, New York (the "Premises"), owned by the Petitioner and the subject of this proceeding and this application. 7. The prior owner of this property, upon which the Petitioner is building a house, 2 of 5 FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019 9. Upon information and belief, the lot size proposed in each application was identical with the determining factor being the size of the construction in the second being smaller and the height lower. 10. In other words, by way of analogy, the applicant before the NCPC asked to have a Chevy Suburban placed on each lot and when that was denied as too large, returned with a separate application that they allow a Chevy Volt. The NCPC approved the Volt and the applicant went out and tried to build the Suburban. 11. As part of my statutory responsibilities, upon becoming aware that the construction at the Premises did not conform to the approval obtained from the NCPC, my Department properly suspended work at the Premises on March 28, 2019. 12. As often happens in similar instances, a prior owner's actions become the responsibility of the current owner and, respectfully, itis not enough to state that the property or home was purchased in that condition - it is incumbent upon the current owner to remove the nonconformity or comply with the prior requirement. 3 of 5 FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019 Board of Appeals for a determination as to whether the decision was improper and requesting that the suspension order be vacated. For reasons of which I am not aware, the Petitioner did not seek such administrative review, but chose instead to bring this action seeking judicial intervention. 16. The Petitioner brought an application by Order to Show Cause and requested, and obtained a Temporary Restraining Order (TRO) on September 25, 2019 preventing the Town from performing its statutorily imposed responsibilities and properly enforcing the suspension order. In effect, tying the Town's hands and allowing the Petitioner to continue building a structure for which ithad not received the proper and necessary approvals. Again, if the Petitioner had sought to have the decision of the Building department reviewed, it had only to request review by the Town's Zoning Board of Appeals as the Code requires. 17. In bringing itsapplication, the Petitioner has gratuitously, unfortunately, and absurdly alleged wrongdoing by the Town and this Department as a means to justify itsown inaction and deflect blame for its failure to meet its own responsibilities. Nothing could be 4 of 5 further from the truth - we have performed our jobs and refused to as the FILED: NASSAU COUNTY CLERK 10/22/2019 04:59 PM INDEX NO. 612899/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/22/2019 are met. The current status on the inspections for the Premises, which are initiated on prior request by the Petitioner, is: a. Plumbing inspections: inspections have not been requested for the fixture connections and final sign offs. b. Building inspections: The last inspection was for insulation, additional inspections will be required for completion of construction including sheetrock, flooring, handrails, finishes etc. c. Energy inspection: Awaiting submission. d. Electrical inspection: Awaiting submission. e. Final Survey and Elevation Certificates: Awaiting submission 20. In light of the foregoing, it isrespectfully requested that the current application seeking to vacate the TRO be approved so that the Building Department can ensure that the construction at the Premises is in with applicable Codes and approvals - that itbe conformity allowed to do itsjob. 5 of 5