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Avdo�C�s S'. -s 16/0 7 APPEALS BOARD MEMBER OF SQL ' Mailing Address: Gerard P. Goehringer, Chairman p`�� Ty�lO Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio, Jr. G • Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOW N1 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS 4M. IVED TOWN OF SOUTHOLD f; �;Z3 Tel. (631)765-1809•Fax(631)765-9064 AP $, FINDINGS, DELIBERATIONS AND DETERMINATION - ---- MEETING HELD APRIL 10, 2008 SOUthodd Town Cded ZB File # 6145 - SPYRO AVDOULOS Property Location: 54985 C.R. 48 (a/k/a North Road), Greenport CTM 44-1-5 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot has 63.37 feet along North Road (C.R. 48), 405.83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the Long Island Sound. The June 16, 2006 survey prepared by Joseph A. Ingegno, Land Surveyor shows the premises improved with 1'/ story single family dwelling and accessory frame garage. BASIS OF APPLICATION: Request for a Variance under Section 280-116A, based on the Building Inspector's amended March 6, 2008 Notice of Disapproval and applicant's request to amend Building Permit #33677 for reconstruction of a dwelling and replacement of eastern portion of foundation. A Stop Work Order was issued on February 29, 2008. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: An LWRP Determination was issued by the Board of Appeals under File #6060 concerning Chapter 268, as issued on July 16, 2007 when a recommendation was submitted to the Board of Appeals by the LWRP Coordinator, to maximize the non-turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. Also considered are all of the expert testimony and information taken under File # 6060 in its LWRP determination, as well as recent • Page 2—April 10, 2008 ZBA#6145—Spyro Avdoulos CTM 44-1-5 information submitted into the record at the 3/27/08 hearing, including but not limited to the applicant's statements that there will be no disturbance to the land between the house and the bulkhead for areas of construction activity under this or the previous variance application. The LWRP Coordinator submitted his recommendation dated March 26, 2008, to the Board of Appeals noting inconsistency, based on the discovery that the east wall of the existing foundation was defective and that no footing was found under the east side of the foundation wall. The proposed construction was found not to meet the conditions for maintaining existing development within this Coastal Erosion Hazard Area. It was recommended by the LWRP Coordinator that the application be amended to comply, to the greatest extent practicable, with the LWRP policy to have structures adjacent to sounds where a bluff exists a bluff landward of the shore be set back not fewer than 100 feet from the top of the bluff. DETERMINATION: The Board has considered Policies 4.2, 5 and 6 under the LWRP, and the March 26, 2008 recommendation of the LWRP Coordinator. The applicant and his engineer stated during the March 27, 2008 public hearing that the remaining three walls of the foundation will not be reconstructed and therefore will remain (in kind, in place), without reducing or changing the nonconforming setbacks that exist (ref. plans prepared by Chorno Associates date-stamped March 7, 2008 with hand notations added, Pages A-1 3-5- 08, A-2 9-25-07, and A-3 3-5-08). In an evaluation issued July 16, 2007 to the Board of Appeals, from the County of Suffolk, Soil and Water Conservation District, the bulkhead was found to be in stable condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant agrees to obtain permits and make necessary repairs as recommended in this evaluation. No future sprinkler irrigation system will be installed within close proximity of the bulkhead, which is a catalyst for erosion and can cause damage to the bulkhead. Within the site plan, silt fencing is documented and care must be taken by the applicant for proper installation of the silt fencing, which involves digging a trench and burying the bottom of the silt blanket. This action is limited to the single wall on the easterly side (with first-story alterations over the existing foundation), which action furthers Policy 6 of the Local Waterfront Revitalization Program. With the above measures and limitations, this action furthers Policies 6, 5, and 4.2. ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100): Zoning Code Section 280-116A states that all buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff. Page 3—April 10, 2008 ZBA#6145—Spyro Avdoulos CTM 44-1-5 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 27, 2008, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests relief in this variance application, setback relief for reconstruction of the first floor and replacement of a single foundation wall at the eastern portion of the structure, with the same setback nonconformity that exists, concerning a proposed amendment under Building Permit#33677. ADDITIONAL INFORMATION: On August 16, 2007 ZBA #6060 granted relief for alterations and additions to a single-family dwelling, for which a building permit and other agency permits were received. During construction activities, a Stop Work Order was issued by the Building Inspector when the Town discovered that work pursuant to the building permit (variance and other permit) had gone beyond the scope of authorization. REASONS FOR BOARD ACTION: On the basis of testimony presented;,:.materials submitted and personal inspections, the Board makes the following:findings 1. Town Law §267-b(3)(b)(3)0). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The bluff is low and stable and is protected by boulders and vegetation. 2. Town Law §267-b(3)(b).(2). The benefit sought by the applicant (reconstruction of the first floor of the existing house and reconstruction of the eastern foundation wall as per plans) cannot be achieved by,some method, feasible for the applicant to pursue, other than an area variance. Adding square footage on the landward side of the house will maintain the square footage lost by removal of the house, and landward of the top of the bluff (Coastal Erosion Hazard Area). 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. The house will be more conforming to the house that existed prior to reconstruction by the reduction of the size of the first floor that is adjacent to the bluff (Coastal Erosion. Hazard Area).. The. original application and plans that were approved under Appeal No.. 6060, and, this application, have not changed the bluff setbacks. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, since the existing foundation of the house predates these regulations and the eastern wall has been upon � � inspection determined to be substandard. o LQjVG SURVEY OF IS LAB- LOT 15 & THE WESTERLY 1 /2 OF LOT 16 D �Q UND MAP OF PROPERTY OF g� W. H. YOUNG AND R. J . GOODALE FILE No. 585 FILED SEPTEMBER 11 , 1929 SITUATED AT S '4°22, GREENPORT 5.5 1'>>� E s $702593099 E 6 37. TOWN OF SOUTHOLD ' \ \ nEU"f 7_ 58 SUFFOLK COUNTY, NEW YORK � "JU"f is WArfR -6 S.C. TAX No. 1000-44-01 -05 ZONE VE (EL13) B.B.7.6 - -7 zo E X 15= ._'_wOOD_ _ .8.8. -8 SCALE 1 "=30' s 14 JUNE 16 2006 rr__ `� - �' - - - �» e p`�ls�p JANUARY 24, 2007 ADDED PROPOSED ADDITIONS O �$ t8 ,��� S FEBRUARY 1, 2007 ADDED PROP. HAY BALES & DRYWELL W �z �N �'K 19�3" MARCH 22, 2007 ADDED NON-TURF BUFFER & REVISED PROP. DRYWELL LOCATION O o coNC. xhg_p .3 �� TOP OF BLUFF T\N6 MARCH 26, 2007 REVISED AS PER JOSEPH FISCHETTI, P.E. x �\ T``gRlc o� N Z� of w'\5 JUNE 8, 2007 REVISED PROPOSED ADDITION 1DE NON'TURF gUFFER�z W\ N o sic \P /`n N�3D o� X\0�ESRti\''\O�D SEPTEMBERJ 8, 2007 REVIS D 2007 �PR POSED GARA JOSEPH GE & SE T C SYSTEM LOCATION tO W NP'f 80 6E :::icq 110y DECEMBER 19, 2007 REVISED PROPOSED SEPTIC SYSTEM LOCATION ROW O R�TyT\ TO ? �OOp �x\y,I -"o AREA = 28,149.93 sq. ft. TO yTB 6' TORY °� TO TIE LINE 0.646 aC. Ogy9y0 pp,T�� 22• � t.t�2 ME w N'-� � COASTAL � ) t'pj pOy To \N �FRA.56 >90�0 ON COASTAL EROSION H \INb �Mg\T HOU o PHOTO No. EROSIONZARD LINE AS' SHOWNGENERAL NOTES: oRT\oN b pd 9 g�6U\1-T O`er eps To No. S5-581-8 HAZARD AREA yy X 2� pPT\O TO TORS S o CN\MN�1 �2 M�5"'le MAP 1. ELEVATIONS ARE REFERENCED SHOWN N.G.V.D. :5_0 DATUM o , EXISTING ELEVATIONS ARE SHOWN THUS:s.o R� �po�P S\nod y�ro� �TT�R x 18 9 0 •, � EXISTING CONTOUR LINES ARE SHOWN THUS: - - - - -5- - - - - R x 9^. 1� F.FL. - FIRST FLOOR tat yTOR� pfV G���p P110Rts.1 2� 3\3 ,ty EXIyT. OdED _ G.FL. - GARAGE FLOOR fL�\O'9 8E LO yNP\'\'\G y�y o TO T.6. B. - BOTTOM OF BULKHEAD oygD e,SYS�Mb b �V FROCn 9o\oN .2 ppop y�pT\G gTP M\N pROp P� 0 2. FLOOD ZONE INFORMATION TAKEN FROM: \ \N pRopoyy9 ::1 f a. 1 c2q ���, ufF FLOOD INSURANCE RATE MAP No. 36103CO158 G -17 1s.s SETgpCK FROM TOP OF Bu ZONE VE: BAOSETAL FLOOD�D WITH LEVAT ONSLOCITY DETERMINEDRD (WAVE ACTION); pOyE AGO ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. TOP OF g�UFF f x16. A TOIyo CK FROM co 20 i. . o\GAR ee 16 t • % .3 f........................ lb PROPOSED SEPTIC SYSTEM NOTES: 1:........ \ 1. PROPOSED SEPTIC SYSTEM DESIGN BY: JOSEPH FISCHETTI, P.E. PgPNO 6) 17.2 ::... fJ::. P.O. BOX 616 SOUTHOLD, NEW YORK 11971 VV 8y (E E :.:. �`:•:.`.1 � .. .:.. p` •• 1 -15 2. MINIMUM SEPTIC TANK CAPACITIES FORA 1 TO 4 BEDROOM HOUSE MAXIMUM IS 1,000 GALLONS. 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP \yT\N6 �A .::'; :"'':::;:;;;:•. 4 6 3. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE MAXIMUM IS 300 sq ft SIDEWALL AREA. \O + + '�^ 1� 1 POOL; 12' DEEP, 8' dta. a �. POLE ; U L#03B Q PROPOSED 50% FUTURE EXPANSION POOL � 1 `1 \ \f :11 13. { � Q PROPOSED 8' DIA. X 12' DEEP SANITARY LEACHING POOL 1! /® PROPOSED 1,000 GALLONSEPTIC TANK 1 \ O 11 ,.1In t- " � 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. . �C9 y O 1.,o :\ p ... � � � a� 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND REMOVED IN ACCORDANCE m a y f\ \ m°,1 O�� WITH S.C.D.H.S. STANDARDS. ��\ y � O 1 \1 ?• )\ x i q•• C,�C c� 'z. x 15.9 9 1 15 x x 16.3I 1 1 1 • e FINAL 1. A 3;1lil $. •.. tee,._._ REVIEWED BY ZBA SEE DECISION 0 (0) f - .. Z+ 14.2 °�e 1 .•A� :' . x 5.5 CERTIFIED TO: i 111,1.�•�, :Pow SPRYO AVDOULOS MARGARITA AVDOULOS I\1:..• `I 4• to A CIO �x 1. x \ \ 1 ` 11 �y el • W A54, LP � \ \� 1 .• . ►1 �15 • WArM�pIRT ` 11.to yt 6• 1 1. �1 FOUND 1 \ 1 PIPE 16.9 U FO COSC 1 ND � �`f� 1.• '. '• . MON. V 4g) 7 s • ( C . EDGE OF PAYMENT R O XD (USES PU • l vx V �ry 77 0 x1-y O DvpUO C\I WG(ER� (USES v PREPARED IN ACCORDANCE WITH THE MINIMUM E gpS1N r _STANQQARDS FOR TITLE SURVEYS AS ESTABLISHED CNARG (}F i ._VBX,THE,L.I.A.L.S. AND APPROVED AND ADOPTED RE ---:FOR'�SUCH USE BY THE NEW YORK STATE LAND ' ('71_ ASSOCIATION. TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MAY 16, 2006) EL 15.6' 0. s = DARK BROWN LOAM OL BROWN SILT ML ���������•`�,•' N.Y.S. Lic. No. 50467 7' UNAUTHORIZED ALTERATION OR ADDITION BROWN SILTY SAND SM TO SE THIS SURVEY IS A VIOLATION OF :• 'e-•'.'• 7209 Nathan Taft Corwin III THE NEW YORK STATE EL 2.9' •'. 12.7' WATER IN BROWN SILTY SAND SM COPIES OF THIS SURVEY MAP NOT BEARINGTHE LAND SURVEYOR'S SEAL OR Land Surveyor 15' EMBOSSED SEAL SHALL INOTDBE CONSIDERED TO BE A VALID TRUE COPY. WATER IN BROWN SANDY CLAY CL CERTIFICATIONS INDICATED HEREON SHALL RUN 19, ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout WATER IN BROWN SILTY SAND SM TITLE COMPANY, GOVERNMENTAL AGENCY AND STED HEREON, AND 22' TONTD EGASSIGNEEEIS OFON ITHE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 WATER IN BROWN FINE TO MEDIUM SAND SP OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.O. Box 1931 28' ANY/NOT SHOWN TARE OF NOTCGUARANTEED. RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 i rl / WINDOW SCHP.OU'LE �,�____. 30x40 .. I C (2) 2-6 x 5-0 + (2) 2-6 x 1-6 D 4-0 x 5-0 + 4-0 x 1-6 ! - E (2) 3-0 x 5-0 + (3) 3-0 x 1-6 + dr 3-0 x 6-8 F 3-0 x 5-0 + 3-0 x 1-6 I �0 � G (2) 2-6 x 3-0 + (2) 2-6 x 1-6 I ; \i 1 2-0 x 4-0 (2) 2-� r� C3Ci" rirC�, vim` j I ,� J 4-0 x 5-0 i y �/ K. 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S E DEC 31 IS , , kEa �R�y� I 1 C�e C.cy�S�c�h'.�+"� . a`r`� � • , l� r i a ,� _ W'z �ti•� PROPOSED/ALTERATIONS-,: , , _ --_-� " 54985 NORTH ROAD GREENP OF NEB r'rCo4k lH0 ASSOCIATES --�--•c. `.'''- --_-a-._ _._'.._ 1 _ �. . ,. . ._..a...,�_._±.�"r. _.. .._. .. ������u�9" 14 , ,per r�v�m� r.y�4,.r a r. w.>,, t.n1�i4-•.— � -^'F..�_. '\ \ ��,_ - 6W1'.6 S^ x`)dl'Fq.N.'.'&II1;` `R�;_•JC.'A".,35{e,a'��aa�.4'., ,'�` 'Zi .Y.'�.'a.�:�u\Nn.,:.v unify' �' ..�.n:cvFi ?� �... b Kr�t, �" � -.-.-.•....�...r. �.. .'6+�. ��:N.��: �edn".e�}.�.'r .�.akC�'w:�n�.tt�a"«fvp�y��ry 5' [,}� ,y�qp �ryyry �ry[y�}�, �gryp,�g!gyy �.y�p� �`s,Yy may,��+�p�ppp lqy�� !� [g�v �7} ` w0.. .'FI:N�.}:.f�,"�i.. v.".^,yyA.�w xR'3Yb56.+�f16d91,'L''YPY51�/'mrt•',M�Y>�K.'i`4i.' tlkv.4f'.'.Y.!�1L1�s0.. .�'eFN.eIP11 �PYt.{tl :^}��'M�Lk:kY�34k:'.;.P_�:'>'.SiF,�.w •..& v,•J��l _ y r M Page 4—April 10, 2008 ZBA#6145—Spyro Avdoulos CTM 44-1-5 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The three-bedroom house that existed will be maintained. No evidence has been presented to show that partial reconstruction of the easterly foundation wall will result in disturbance of the land between the house and the top of the bluff. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction of the easterly wall, in place, while utilizing the remaining (existing) three walls of the foundation, and 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 Simon, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for and shown on the survey revised December 19, 2007 by Nathan Taft Corwin II, L.S. and maps, with hand notations added, prepared by Chorno Associates date-stamped by ZBA March 7, 2008, Pages A-1 3-5-08, A-2 9- 25-07, and A-3 3-5-08. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members ringer ( airma mon and Weisman. Member Dinizio and Member Oliv , ere absen . his solutio s ly adopted (3-0-2). j rard P. Goehringer, Chairman 4/ /%2008 Approved for Filing TOWN;OF SOUTHOLD OBO; BUILDING DEPARTMENT SOUTHOLDN.Y. NOTICE OF DISAPPROVAL Date: May 9, 2007 Amended: Junel3, 2007 Amended: March 6, 2008 To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold,NY 11971 Please take notice that your proposed amendment dated March 6, 2008 For permit#33677 amending the plan to reconstruct&replace easterly foundation wall at Location of property 54985 North Road, Greenport,NY County Tax Map No. 1000-,:Section 44 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance, decision#6060,,for alterations &additions to a single family dwelling allowing a 23.2' setback from the top of the bluff. Following this amendment,the applicant intends to reconstruct the dwelling, with replacement of the east foundation wall. Therefore the demolition&reconstruction at this nonconforming 28,149 sq. ft. parcel in the R40 district, is not permitted pursuant to Article XXIII Section 280-116A(1),which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank." Authorized Signature Note: The existing garage has a permit for demolition&construction of a new accessory garage. pF S0 Town Hall,53095 Main Road Fax(631)765-9502 P.O.Box 1179 G • Q Telephone(631)765-1802 Southold,New York 11971-0959 a BUILDING DEPARTMENT RCC COWED TOWN OF SOUTHOLD STOP WORK ORDER MAR 7 2C� �6/ h TO: Spyros and Margarita Avdoulos BOARD OF APPEALS 160-12 11th Avenue Whitestone, New York 11357 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 54985 CR 48 Greenport, New York TAX MAP NUMBER— 1000-44-1-5 Pursuant to Section 144-13 of the Code of the Town of Southold, New York, you are hereby notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Work has gone beyond the scope of permit. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: Upon Trustee, ZBA and Building Dept. approvals. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATE: February 29, 2008 Gary J Fs " Building Inspector (cert. mail) COUNTY OF SUFFOLK I �,_ STEVE LEVY APR 42008 SUFFOLK COUNTY EXECUTIVE Zof"VQ Bo AR<EI-I 11v1, PISLES, ICP DEPARTMENT OF PLANNING DIRECT NING April 9, 2008 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Avdoulos, Spyro 6145 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER (631) 853-4044 z;'OUNTY OF SUFFOLK V/I' .ram C97% 0 r � Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631) 727-3160 (631)727-2315 G�3C C�GOdL�D Gerard P. Goehringer, Chairman Southold Town Board of Appeals MAR 3 1 2008 53095 Main Road, P.O. Box 1179 Southold,NY 11971-0959 BOARD OF APPEALS 3/25/2008 Re: ZBA File Ref. No. 6145 (Avdoulos) i Dear Mr. Goehringer: We have received your request for comments regarding the parcel located at 54985 North Road in , Greenport known as the Avdoulos Property. Previous comments have been made by our staff regarding this parcel and were included in your request. In reviewing your request it was found that the variance requested is for installing a new poured concrete wall on the east side of the foundation replacing the existing block wall. Since there are no changes to the parcel that would require us to update our initial findings, the original evaluation still holds true. We have no further recommendations at this time. If the situation requires us to make further recommendations,please feel free to contact us again. Respectfully, Paul A. TeNyenhuis, Senior Soil District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 07/30/2007 11:46 6317659064 ZBA PAGE 02 S�l COUNTY OF SUFFOLK � (COVED COUN [3LE MAR 7�008 s�v� vx BOARD OF APPEALS surrom cov= =MCrravH SOIL MAD VV=R DISTRICT 4AMG CON3ERVATI@? DI9MaCT (631)727-2315 FAX: (632)727-3160 July 16,2007 Chairman James Dinizio Jr. Zoning Board of Appeals Town of Southold P.O. Box 1179 ' Southold, Y'N 11971-0959 Re: ZBA File Ref. No. 6060 (Awdoulos) .Zpp' JUL � 7 Dear Chairman Dinizio: As requested by your office,a site visit was conducted at 54985 North Road Greenport,Suffolk County Tax Map Number 1000-44-1-5 in order to review the proposal for expansion of the house on the property. The house is sited approximately 20 feet from a wooden bulkhead and Long Island Sound. A grassed lawn exists in this area between the house and bulkhead. No irrigation system appears to be servicing this yard. The house is fitted with gutters and downspouts. The bulkhead is in stabile condition. Efforts to maintain the stability of the bulkhead have occurred ,with the installation of new pilings to reinforce the decayed pilings. The horizontal boards of the bulkhead are in,fair condition; no gaps exist within the wall with the exception of a small section(2'x 3')which has been repaired by placing a board over this section.On top of the bulkhead,fi211 vegetative cover of scrubs and£orbs exist. The exception occurs on the eastern section of the bulkhead near the groin.where landscaping debris is being placed on top of the wall, The stairway is in working condition, but the stair rails and steps are broken and rotten and in weed of replacement. Due to the close proximity of the house to the shoreline, it is imperative to maintain the structural stability of the bulkhead.A stabile bulkhead consists of structurally sound horizontal support beams with tightly fitted face boards. No sediment from behind the bulkhead should be traveling between, through, over or under these boards. The pilings should be tightly bolted into the bulkhead and the horizontal beams should be straight,not bowed out or up. All of the components should be in sound condition (solid,free of decay and pest infestation). 423 GRIFF114G AVFjNVu SUITE 110 RIVERHEAD, NY 11901 07/30/2007 11:46 6317659064 ZBA PAGE 03 The top of the bulkhead should be fully vegetated and access to the beach should occur via the stairs. Landscaping debris should be composted or disposed of through an alternate means instead of disposing on,the top of the bulkhead. Additionally, the stairs should be repaired/replaced to allow for safe access to the beach. To maintain the best structural stability of the bulkhead,inspections should be made regularly and especially after storm events. All necessary repairs should occur as recommended in the enclosed literature as soon as possible in order to maintain a stabile bulkhead. The use of drywells to collect roof runoff (as documented on the site plan) is fully suppor,ted. All the gutters should be fated with drywells especially those on the Sound side of the house. This reduces the erosion threat that runoff from impermeable surfaces poses to the bulkhead. Respectively, it is recommended that the walk on the Sound side of the property be constructed of a permeable or semi- permeable surface if it is slated to be replaced. This will further reduce the amount of runoff from impermeable surfaces near the bulkhead. The use or future installation of spriulder itrigation within close proximity of the bulkhead is not recommended due the erosion potential that such a system poses. Additionally, vehicle access (associated with construction activities) on the lawn, between the house and the bulkhead, should be limited as much as possible in order to prevent compaction of the soil and rutting of the yard. Both are a catalyst for erosion and can cause damage to the bulkhead. Witbiu the site plan, silt fencing is documented. Care should be taken with the installation of silt fencing at this site, due to the erosion potential such i,nstallati.ota poses to the bulkhead. Proper silt fencing installation involves digging a trench and burying the bottom of the silt blanket, This prevents sediment and water from traveling under the fence. As the proper Wstallation of silt fencing causes its own ground disturbing activities, it poses an immediate erosion threat to the stability of the lawn and top of the bulkhead. Therefore, the silt fencing should be installed only if ground disturbing activities are to occur with construction. If it is deemed necessary, the fence should be installed as fax as possible from the bulkhead and close as possible to the construction activities. It should not be installed on the top of the bulkhead as noted in the site plan. Once the steed for the silt fencing and hay bales has passed, both should be completely removed and the trench and bare areas (from the hay bales) reseeded. 07/30/2007 11: 4G G317G590G4 ZBA PAGE 04 Enclosed .axe directions oil the pro-per installation of silt fence to ensure that it is installed properly. Installing the silt fence without burying the bottom is as useful as not installing it, and only mildly improved with the use of hay bales. if you have any questions regarding our site visit and information provided,please do not hesitate to contact our office at (631) 727-2315 x3 between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday. P ly..y ,Weig d District clinician APPLICATION TO THE SOUTHOLD TOWN BOARD F APP MWED [e::Note a Filed By: Date Assigned/Assignment No. AR 7 2008 : LS House No. 54985 Street North Road Hamlet Green port SCTM 1000 Section 44 Block 1 Lot(s) 5 Lot Size 28,149 Zone R-40 I(WE)APPEAL THE WRITTE DETERMINATION OF THE BUILDING INSPECTOR DATED Februal 29 2008 Aria 3 BASED ON MAP DATED_6/16/06 and updated Dec 19, 2007(new septic location) and c n truction drawings dated 4-7-07 last amended 3-5-08 Applicant(s)/Owner(s): Spyro Avdoulos Mailing Address: 160-12 11"Avenue,Beechhurst,NY 11357 Telephone: 212-344-0600 Fax#: Email: pcmoorel(&optonline.net . NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X) Owner,or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoorel(iboptonline.net Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED_June 16,2006 last dated 12/19/07 and DENIED AN APPLICATION DATED_March 6,2008 FOR: E Building Permit(Stop Work Order- previous appeal#6060) ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 Subsection A 1 Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map (amendment of plans setback to bluff) ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article =foundation 0 Cl7 4 C).0E Reversal or Other review a eal#6060 because east wa needs correctivmeasure. Defective foundation wall found. �bWA prior appeal E has, ❑has not been made at any time with res ect tUNDER Appe 1 No. 6060 Year 2007 (Please'he sure to research before completing this q eforassistance.) �J Name of Owner:Spyro Avdoulos ZBA File# REASONS FOR APPEAL_(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a.detriment to nearby properties if granted, because: (New description for this application underlined) language not underlined was in appeal#6060. The house is located on the Long Island Sound. The bluff is low and stable, vegetated and protected by large bolder. The corners of the existing house are on the Coastal Erosion Hazard line. The Trustees preferred to see the portion of the house which extends over the Coastal Erosion Hazard Area up to a structural beam to be removed This work was completed pursuant to a building permit. Because the portion of the existing house which is over the Coastal Erosion Hazard Line was removed a new north first floor wall must be constructed over the existing full basement foundation as well as the new portion of foundation for the new exterior wall_The only change from the original application is that the east wall of the existing foundation must be modified When the house is cut back at the Coastal Erosion Hazard Line the new exterior wall on the north side needs a new foundation. The new wall was shown but not clearly identified as new structure The existing foundation along the Long Island Sound will be converted to patio. The owner designed an addition to the existing residence which would be landward of the existing structure on the Long Island Sound the second floor which presently is set back will be reconstruction and will meet the side yard setbacks (stepped back 3 feet). Also, discovered during construction, the foundation along the east side of the property does not have a pad and must be modified in order to support the first and second floor above. Two alternatives have been proposed. the less expensive and preferred solution is to pour a new pad and foundation on the east side of the house, the more expensive solution is to keep the existing defective foundation on the east side and support the structure with Steele beams. No other change is proposed from the original application the existing second floor will be reconstructed and made a full second floor space over the existinje tirst floor, the second floor is expanded on the landward side and over the new portion of the foundation also on the landward side of the existing house. The existing residence had three bedrooms and full bath on the second floor and two bedrooms and two baths on the first floor. The owner wishes to add bathrooms to the second floor and mod! the living space on the first floor. The additions to the first floor and second floor are on the landward side of house. The interior of the house is to be renovated and first floor rooms modified The owner obtain Trustees permit and DEC letter of no jurisdiction. The Trustees required a non-turf buffer and dry wells. New windows and siding is proposed Throughout our implication we described the removal of the north side of the house first and second floor) and converting the foundation to a patio The second floor is new and the first floor was to be reconstructed since both the north and south walls were removed. Our surprise was the foundation wall on the east side. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The owner wishes to renovate the existing house and add bathrooms. We recommended that the dwelling be added on the landward side of the house to comply with the Zoning Code. In order to maintain the square footage lost by removing the portion of the house which is within the Coastal Erosion Hazard Area the landward side of the house is added. The bedrooms on the second floor would not permit adding bathrooms because the ceiling heights do not comply with current codes, the second floor roof line is changed to increase the ceiling heights and add floor space on the landward side of the house. The house was constructed in the 1950's, the house has not been updated since it was built . The house is to be renovated and updated to meet current building code standards in accordance with the plans submitted. (3) The amount of relief requested is not substantial because: The house is made more conforming by cutting off the first floor that is in the Coastal Erosion Hazard Area. The original application and plans which the ZBA approved have not changed. The foundation requires modifications,latent defects under the foundation wall which were not visible until the construction began require attention.The second floor is pushed back to meet 15 foot setbacks(Walz decision not violated)and first floor remains in kind in place. The existing second floor bedrooms and bathroom remain on the second floor,the second floor will be reconstructed. The proposed addition to the existing house is modest and the second floor alterations consistent with standard construction methods. In order to meet the policies of the Coastal Erosion Hazard Law the owner is cutting off that portion of the house that extends over the Coastal Erosion Line. This will necessitate building a new wall on the foundation but the foundation is kept in place to prevent any disturbance to the bluff. This design prevents construction within the Coastal Erosion Hazard Area. In order to comply with side yard setbacks the second floor is 15 feet from the side yard. As was described in my variance,foundation alterations to the north side where the house is cut off are required. The only unexpected foundation problem is the east side.The building inspector did not see mention of the foundation in the ZBA decision and has stopped the job. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing three bedroom home is remaining. The bedrooms are to be on the second floor and the first floor living area reconstructed. The bluff is stable and no activity is proposed on the seaward side of the house except converting the,foundation into patio. The existing foundation along the Sound is staying in place and converted to patio. New footings are needed in the front(landward)for the addition and garage and the new wall(removed to CZM line)on the north side,the new issue is the east foundation wall which is defective. (5) Has the alleged difficulty been self-created? ( )Yes,or (X )No The existing house predates regulations. Any alteration to the existing house would require a variance. This plan proposes the least disturbance to the bluff because the existing stable foundation will be retained. The bluff is low,the land is protected by a Jetty and bulkhead. There is no threat of erosion to the upland. The foundation must support the structure above and defects in the foundation were found during construction. Are there Covenants and Restrictions concerning this land: E No. Yes(please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box() IFA USE VARIANCEISBEINGREQUESTED,4NI ASE COMPLETE THEA TTA CHED USE VARIANCE SHEET.• (Please be sure to consult yo �F signal re of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this C9 dayofM&ACl—,2008" YA PERKINS Public,State of NowYpg NO.01 PE 6130636 Qualified in Suffolk Cotmly COMnission Expires July 14�2'/ �E" ER' PATRICIA C. MOORE � 2008 Attorney at Law 51020 Main Road Southold, New York 11971 [B;OARDOF AppSALS Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries March 7, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Spyro Avdoulos, 54985 North Road, Greenport 1000-44-1-5 Appeal #6060 Dear Chairman and Board members : The owner obtained a building permit in accordance with your variance and Trustees approval . As was described in our variance application, the proposed reconstruction of a new second floor and new construction on the first floor would use the existing foundation. The project necessitated demolition of the south side of the house which overlapped the Coastal Erosion Hazard Line and that portion of the foundation would be made a patio. As was shown, the area that was cut require modification to the existing foundation since it now became the new exterior walls . The portion of the house along the road was cut off for the new addition on the south side . When the contractor commenced demolition of the north and south walls (as was described in our permit applications) he discovered that there is no pad under the foundation wall along the east side of the house (the cement walls have no pad below) . The building department has suspended the building permit until we are authorized by your Board to replace the portion of the foundation which was unexpectedly absent and must be corrected. Two alternatives have been proposed by the architect: 1 . The alternative the contractor prefers and is shown on the amended plans, remove the cement block wall on the east side and pour a pad and foundation wall which will support the proposed first and second floor; or 2 . Use the existing basement walls to support overhanging Steele beams which then support the construction above . The second option is more costly but does not require removal of the existing foundation walls just a cut into the walls for placement of the Steele beams . The foundation remains in place but does not support the structure . Along with the full application, as was submitted originally, with the described alterations, I have enclosed the amended drawings reflecting the new foundation wall . The remaining foundation is believed to be structurally sound. The construction plans of the project remains the same as the floor plans submitted to the Board in appeal #6060 . The overall design of the house remains as was submitted into the record. The job is stopped until the Board has an opportunity to review the application. Due to the exposure of the structure to the weather we would ask for your immediate attention. Ver_y--tY`uly yours, C.P.atricia C. Moore PCM/mr Encls . APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) MAR 7 2on3 Applicant:—J—�v do U/o Date Prepared: �����U7 BOARD OF A P P LE-A S �sr a0 2Ad�100/ I. For Demolition of Existing Building Areas CiUT ae-h ftd S Please describe areas being removed: ats '2 J VM s7 .�it�d IGLO e�/2• �D 3 �S f.. �T/Q,�.J�L.Dd� II. New Construction Areas (New Dwelling or New Additions/Extensions): KCco/�sfrd �s� loo� Dimensions of first floor extension: 11 1 cl 9 240 S = • (Qom) 31 q- x 1 u G _ , ," , Dimensions��'��second� )r `/U �✓=6 + 3� ��/x Z�1�¢y v ! 3 Z� f � ) floor: Dimensions fflporab�f second level: r Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please providelight(above ground) k/he , sfruci-vr measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach,extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 11PV0 cS ^� Number of Floors and Changes WITH Alterations: 5{b� d Gye�L( � , Ccu�c�o1 5 cd c (2 l a s'! -1ri '��or, lcvv�ltala,�c1 6I s (s-+-vnc IV. Calculations of building areas and lot coverage (from surveyor): Es-:"ting square footage of buildings on your property: X '3-9, /�W;C) -j- C Proposed increase of building coverage: less 2, 9110 Square footage of your lot: " R /t/9' Percentage of coverage of your lot by building area: Z.' D , V. Purpose of New Construction Requested: /5T�oor lv-C'0n'5)�IMzd G1/041d d� ICN `fhe VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): V jr Please submit seven (7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 0 3W ' OFFICE LOCATION: OF SO(,ryO MAILING ADDRESS: Town Hall Annex ,`O l0 P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) N �r Telephone: 631 765-1938 Southold,NY G @ P �l�� ,�► • �O Fag: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals JBIECEOVED From: Mark Terry, Principal Planner LWRP Coordinator MAR 2 6 Date: March 26, 2008 1 `�a�� Re: ZBA file Ref.No. 6145 (Avdoulos) BOARD OF APPEALS The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed use is residential and therefore is not a "water dependent use". Due to the depth of the lot (4351), there is ability to site the residential structure further away from the CEHA area to maximize the distance from the "hazard area" and minimize the potential of future structural loss. 2. Avoid reconstruction of structures, other than structures that are part of a water- dependent use, damaged by 50% or more of their value in coastal hazard areas. The proposed use is residential and therefore is not a "water dependent use". (P /op,) I�GGc GOMC�D MAR 2 6 NO 3. Move existing development and structures as far away from ooding and erosion hazards as practical. Maintaining existing development and s c& RDl2aff PEALS may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. C. sites in areas with extensive public investment, public infrastructure, or major public facilities. C. sites where relocation of an existing structure is not practical. The_proposed action does not meet the above reasons to warrant "maintaining existing development"within this erosion hazard area. The distance from the proposed patio to the top of bluff line is 19 feet;the distance from the proposed house is 29.1 feet; a minimum separation distance of 100 feet is required pursuant to to Chapter&280-116 A which states: (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. It is recommended that the Board amend the application to meet and/or further the above Policy to the greatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. 1. Increase the width of the non-turf buffer landward of the top of bluff to further protect the integrity of the bluff within the Coastal Erosion Hazard Area. 2. Minimize the area of non-pervious materials(walkways, decks)within and adjacent to the Coastal Erosion Hazard Area. 3. Require that the applicant submit a re-vegetation plan for the face of the bluff outlining species type, density and survivorship parameters. P" Subject Site s Figure 1. Subject site prior to razing of the residential structure. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney PATRICIA C. MOORE Attorney at Law 51020 Main Road MAR 2 8 :203 Southold,New York 11971 Tel: (631)765-4330 g©gip 10'r- A?p �`LS P Fax: (631)765-4643 Margaret Rutkowski Betsy Perkins, Secretaries March 28, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Spyro Avdoulos, 54985 North Road, Greenport 1000-44-1-5 Appeal ,#'610—i6����S Dear Chairman and Board members : In accordance with our discussion at the hearing, I am in receipt of the Local Waterfront Revitalization Program Coordinator' s letter dated March 26, 2008 and ask you to incorporate the following into your decision. The property contains a bulkhead and jetty which presently provides protection from loss of life, loss of structure, flooding and erosion. The existing residence was constructed in the 60 ' s with no evidence of loss . Joseph Fischetti, P.E. calculated that the slope of ..the bank is stable and is described as a 25% slope . The re-submission to the Board to allow the east wall to be reconstructed does not alter the findings made by the Board on August 16, 2007 . The original plan was designed to maximize the distance to the Coastal Erosion Hazard line . Rather than renovate the existing structure in kind and in place with a second floor roof alteration, the house was cut at the nonconforming Coastal Erosion Line and the living space reconstructed on the existing foundation seven feet back. This plan was undertaken primarily to comply with the Coastal Erosion Hazard Law and policies of the LWRP. The LWRP coordinator fails to recognize that this plan removed an existing structure out of the Coastal Erosion Hazard Area therefore the basis for finding inconsistency under policy 4 is incorrect. The Local Waterfront Revitalization program does not usurp the zoning code and the variances which were granted. From the inception of this project the policies of the LWRP were implemented. The owner' s efforts to make the existing dwelling "more consistent" with the LWRP is evidenced by the following actions taken by the applicant : 1 . To further minimize disturbance to the seaward side of the house, the exiting foundation of the old house was converted to a patio. By converting the existing living area of the structure to a patio the new structure was reducing the nonconformity and the new structure was "more consistent" with the LWRP. 2 . The existing sanitary system is being replaced with one which is now located more than 100 feet from the top of the bank. The construction and relocation of the new sanitary makes this application "more consistent" with the LWRP because it addresses policy 5 "protection of the water quality and supply of the Town" and policy 6 "protect and restore the quality and function of the Town of Southold' s ecosystem" . 3 . The alterations to the dwelling required dry wells and gutters for all roof runoff making this application "more ,consistent" with the LWRP policies 4 (minimize loss of life, structures, and natural resources from flooding and erosion) , 5 (protection of the water quality and supply of the Town) and 6 (protect and restore the quality and function of the Town of Southold' s ecosystem) . 4 . In addition to installation of dry wells for roof runoff, alterations to the dwelling required a non turf buffer to further capture surface water runoff before running down the bank, this condition makes the project "more consistent" with the LWRP at policies 4 (minimize loss of life, structures, and natural resources from flooding and erosion) , 5 (protection of the water quality and supply of the Town) and _6 (protect and restore the quality and function of the Town of Southold' s ecosystem) . 5 . The existing dwelling did not comply with the standards of the New York State Building Code. The construction of a new second floor and addition of the first floor required the remaining building, in particular the existing walls, to bring the entire house into conformity with the New York State Building Code . All existing insulation must be replaced with energy compliant insulation. The studs must be sized for the added insulation, the structural frame and existing foundation require hurricane strapping, and windows must comply with energy efficiency and wind strength. All these requirements mandated by the State of New York make the structure "more consistent" with the LWRP specifically policy 4 (loss of life) and policy 13 (promote appropriate use of energy resources) . 6 . The basis for the building inspector' s stop work order was that our plan was always to utilize the existing foundation. After the foundation was exposed, one wall on the east side was structurally inadequate. One cement block wall of the entire foundation requires reconstruction. To reconstruct the wall will cost the owner $5, 000, a minimal cost to a $78 , 000 foundation. A structural element which must be addressed during construction which does not materially change the overall project is consistent with policy 4 "minimizing loss of human life" . The construction plan of the project remains the same as the floor plans submitted to the Board in appeal #6060 . The overall design -of the house remains as was submitted into the record. At the time the Board granted the approval in August 2007 the LWRP was in place, policies were addressed and mitigation implemented to make the proposed dwelling "more consistent" . The testimony at the hearing from the engineer is conclusive and un-refuted that the property is stable with vegetation, a bulkhead which armors the toe of the slope and a jetty. The LWRP coordinator' s policy recommendation that the structure could be moved back completely disregards the impact of such an action: only one foundation wall on a significant structurally sound foundation required corrective action; the project is based on plans which were subjected to fifteen months of regulatory review under local, state and county regulations; architectural drawings were prepared with the use of the existing foundation and specific location of the building (the lot dimensions become narrower towards the road) ; a building permit was obtained and relied on with multiple contractors hired and materials purchased from the suppliers . All activity would be suspended until a new project was approved. The LWRP report fails to address the economic consequences of his recommendation in the midst of an economic recession. We ask you to find that the project, as proposed, was made "more consistent" by virtue of the above mitigation measures taken to conform to the policies of the LWRP. Veryr--trrz.1 yours, r Patricia C. Moore PCM/mr f�C�C�C�d�D LWRP CONSISTENCY ASSESSMENT FORM MAR 7 2008 A. INSTRUCTIONS p OF PPEALS 1. All applicants for permits* including Town of Southold agencies, sha IBco� proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-01-2-11 OWNER: Spyro Avdoulos 54985 North Road, Greenport NY 11944 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept._Building Dept. _Board of Trustees X Zoning Board of Appeals X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance/Wetland Permit Nature and extent of action: Permits previously issued: allowed cut off portion of house which was located in CEHA. New second floor, new first floor because waterfront wall and landward wall.demolished due to new wall back away from CEHLine. East wall of existing foundation is defective, no footing found under east side of foundation wall. Proposed construction is within 100 feet of"top of bluff', existing foundation to remain and approved converting part of existing foundation as patio. Existing foundation is at 19 feet (at the closest point)from the top of the bluff therefore a variance was obtained. All structures are outside the Coastal Erosion Area. A defective foundation wall must be replaced or modified ,which exceeds the scope of the original permit. Location of action: 54985 North Road, Greenport Site acreage: 28,149 sq.ft. Present land use: existing first floor of residence to be reconstructed and east foundation wall modified Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Spyro Avdoulos (b) Mailing address: 54985 North Road, Greenport (c) Telephone number: Area Code (631 ) 765-4330 (Pat Moore) (d) Application number, if any: amendment to original ZBA appeal pending/trustees application for amendment to permit Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot is.5 acres and is nonconforming in 1 acre zone. The lot is low bluff, protected by wood retaining walls, bolders and a rock jetty adjacent to Long Island Sound. The proposed alterations to the foundation is landward of the CEHA Stabilization of disturbed areas will be achieved with appropriate vegetation, no disturbance is proposed to existing natural vegetation or natural topography north of the line labeled "top of bluff' on survey. Remediation to existing foundation is required. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The development of the parcel is sensitive to preservation of Bluff. Standard conditions of dry wells, hay bales and grading to prevent water runoff down slope mitigate effect on scenic resource . The previous permit incorporated all mitigation measures. Conditions are consistent with LISCMP (Long Island Sound Coastal Management Program) which prevents non-point source pollution, prevents flooding and erosion. This application is to repair a wall of the foundation which was found to be defective during construction. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable Owner has implemented erosion control measures, i.e. haybales, silt fence, and buffers. A sediment barrier and standard storm water and pollution control measures are implemented on the site prior to and during construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III- Policies Pages 16 through 21 for evaluation criteria X Yes No Not Applicable Mitigation of impacts on water quality are achieved through stormwater and pollution control methods which have been implemented in this project. Drywells and gutters are proposed to direct all roof runoff into onsite recharge. Groundwater protection implemented through properly engineered sanitary system which requires that the bottom of the leaching pools be located a minimum of 2 feet above seasonal high groundwater. Along Long Island Sound sanitary systems and construction activities are in excess of 100 feet from the tidal waters. The Trustees requested that the sanitarysystem be located a minimum of 100 feet ffrom the bluff which resulted in a loss of an existing garage. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming. The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver,Plymouth, and Riverhead Soil are deep, course texture and excessively drained. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Efficient heating and airconditioning systems and filters protect against air quality. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) A new sanitary meets Counly requirements, no pesticides are proposed and turf areas are limited. Planting plan will use indigenous and drought tolerant vegetation. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. _Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity is minimized by retaining foundation along the north side. The replacement of the east foundation wall is necessary (in kind in place) to meet structural requirements. Storm water discharge and pollution control measures are critical components of protection of living marine resources. DrMells and gutters are proposed, and filtration and ha by ales are in.place during construction, all measures which prevent leachate or other environmentally deleterious material associated with development from entering the waters of the Long Island Sound. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture . North Road is predominantly residential development. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential.home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 VV/ VI/GVVV 1J.4J rAA 001 rba 4b4J inuuxr: LAW OFFICES ZBA 1ih 002 QUESTIONNAIRE FOR FILING WITH YOUR Z,B,A. APPLICATION A. Is the subject premises listed on the real estate market for sale? O Yes *No B. Are there any proposals to change or alter land contours? 0 Yes XNo C. 1) Are there any areas that contain wetland grasses? [off __T__1 1Cay�lk 2) Are the wetland areas shown on the map submitted with this application? W/A _ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? _ 1/Q5 Please confirm status•of your inquiry or application with the Trustees:_ 1� D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 6LLXY-J,%g 2�i'j� �_ a-d r 1 � IL E. Are there any.patios, concrete barriers,bulkheads or fences that exist and are not,shown on the survey map that you are submitting? pp (Please show area of these structures on a diagram if any exist. Qr state"none"on the above line, if applicable_) F. Do you have any construction taking place at this time-concerning your premises? If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: kloyl i�r r�.�fi�f,�o s ,v I (,fade 6iw LdaVio 'Waze � v,;"r `— / �' ar�.��moo-,-, - G. Do you or any co-owner also own other land close to this parcel? jTp"If yes, please label the proximity of your lands on your map with this application. H: Please list present use or operations conducted at this parcel �b and proposed use A l p tp,n5 'k:eans A-a 9.,r, mples• existing: single-fan- fy, proposed: same with garage) zed Signature and Date 2/05 PROJECT ID NUMBER 617.2D APPENDIX Co STATE ENVIRONMENTAL QUALITY RE IE1N,..• 151�L5 V SHORT ENVIRONMENTAL ASSESSME T'FORM for UNLISTED ACTIONS Only MAR 7,,Xo8 PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2. PROJECT NAME S rd r9�/C7jb(�IDS /-love_ r¢/-A-- OF APPEAL 3.PROJECT LOCATION: $`(-1GkS-- IV-brt 1 41-10d Municipality �' Gf C Ce /. County sof�ilL 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map 5V 9?S A�,-/-hYt- 10OL12 5.IS PROPOSED ACTION: El New ©Expansion Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: �n� l PC rtyt .S�r-t�%re (iVi flr�v» C j'HA _' 1�ru f n �U/7p ct*o' 7�o 1)1in11n1z:e o�[S1uiha4Lci _ ren©ucuk 15T-Poore lQdcd and occur c/ E1 is7r, �jouSe 7.AMOUNT OF LAND AFFECTED: Initially i.,5 acres Ultimately f� acres &WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes No If no,describe briefly: 9.WHAT IS.'PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential Industrial Commercial AgricultureEl park!Forest/Open Space Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ElYes �No If yes, list agency name and permit / approval: , ®�C - 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes �No If yes, list agency name and permit / approval: 12.�A,"S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? EJres ®No I CERTIFY THAT!—CHE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Lplicant / Spo Name natu Date: r�Sgb -7 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes DNo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers maybe handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: . C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: ._.. .--._. Y P P P y C5. Growth,subsequent development,or related activities likely to be induced b the ro osed action?Ex lain bw C6. Long term,short term,cumulative,or other effects not Identified in C1-05? Explain briefly: C7. Other impacts including changes to use of either uantity or a of energ ? Explain briefly: - D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? If es,ex lain briefl Yes No ..................................... E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: Yes FINo — ........... ._.. ART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring; (c)duration;(d)irreversibility;(e) geographic scope;and(0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting IN determination. Name of Lead Agency Date Print or Type Name of Responsible Officer 7 Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer 01 different from responsible officer) Office Location: USPS Mailing Address: �O GyJ► 53095 Main Road Town Annex/First Floor,North Fork Bank c P.O. Box 1179 54375 Main Road(at Youngs Avenue) CR r? v Southold,NY 11971 ZO0 Southold,NY 11971-0959 • O http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 April 16, 2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA#6145 — Spyro Avdoulos Variance application Dear MsP ore: Transmitted for your records is a copy of the Board's April' 10, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Linda Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) �OF SO!/j�, ELIZABETH A.NEVILLE ��� O- Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER G Q Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER a0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER Olij'CoU southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 10, 2008 RE: Zoning Appeal No. 6145 Transmitted herewith is Zoning Appeals No. 6145 of Spyro Avdoulos-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval, letter from Patricia C. Moore describing the situation, Stop Work Order, Authorization letter from Spyro Avdoulos to Patricia Moore to represent him in this matter, Applicant's Project Description, (2) Property Record Card, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Letter from Suffolk County Soil and Water Conservation District, Picture of Former House, Five Pictures of Existing Condition of House and Foundation, Survey from Nathan Taft Corwin III, (2) Drawings from Chorno Assoc. Architects, Architectural Plans from Chorno Associates for Proposed Reconstruction and Alterations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/ 7 /08 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6145 Avdoulos, Spyro 6854 $400.00 mmto Southold Town Cle $400.00 By Thank you. r r 2008 A B S O L U T E P.O.Box 446 Laurel,N.Y.MtIMPROVEMENT 66.466.3 61I1948 631.767.0350 Estimate For: Spyro Avdoulos 54985 North Rd. Southold,N.Y. 11971 Home Improvement Estimate Demolition and Foundation Estimate Removal and disposal of all remaining structure Rebuild all new foundation according to plans L� C�nC.;c'rc f-UondwEtfrn Total Investment: $78,400.00 «' `�F`L' Alternate Solution �'n�t�tzo- Retain all existing structure Replace l east side foundation wall Total Investment: $5,200.00 Estimate expires on 5/01/09 Approved By: Date: T'd 2179tIS9Z:01 :WOdA d6T:Z0 8002-LT-NNW TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: MA� R . 7 2008 The Town of Southold's Code of Ethics prohibits conflicts of interes Q the art of Town officers and employees. The purpose of this form is to provide info 91?&, c@ p tt AjS Town of possible conflicts of interest and allow it to take whatever action is necess same. I'J K" yo A Y-d y V /a S and Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally(or through your company, spouse, sibling, parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this / day of0 � elo�j Signature: .. &a /-, 94rW4 Print Name:_�PY,p A-Vdo u f co Signa Print Name: Patricia C. Moore Esq. Office Location: O�Q$VFFO�� USPS Mailing Address: G Town Annex/First Floor,North Fork Bank �� y1 53095 Main Road 54375 Main Road(at Youngs Avenue) co Z P.O. Box 1179 Southold,NY 11971 Oy �.F Southold, NY 11971-0959 viol � Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold; the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY,MARCH 27, 2008: 12:30 P.M. SPYRO AVDOULOS#6145. (1) This is an Appeal of the February 29, 2008 Stop Work Order issued under Section 144-13 of the Town Code, which Order states that recent construction work has gone beyond the scope of permit, and (2) an Appeal requesting a. Variance under Section 280-116A, based on the Building Inspector's amended March 6, 2008 Notice of Disapproval and applicant's request to amend Building Permit#33677 for dwelling reconstruction (additions and alterations) and replacement of easterly foundation. The Building Inspector states that the demolition and reconstruct at this nonconforming 28,149 square foot parcel in the R-40 District is not permitted under Section 280-116A(1), for the reason that all buildings.or structures..located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank (adjacent to the Long Island Sound). The building Inspector also states..a variance was issued under ZBA#6060 for alterations and additions to a single-family dwelling, following this, and that applicant intends to reconstruct the dwelling and replace the easterly foundation wall. Location of Property: 54985 C.R. 48 (a/k/a North Road), Greenport; CTM 1000-44-1-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the.conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing.. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: March 7, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s),successively,commencing on the 20tn day of March,2008: Principal Clerk Sworn to before me this rl),day of (J�► `— 2008 setback nonconformance when.located,..:building4s proposedat less than.five(5) Mess'than50 feet fr6Jn thefront yard line, C feet from,the propgrty line and with a lot', at 9.O;Sterlmg`Roed,Cutchogue CI% ^"coverage which exceeds the code limits- •� / LEGAL NOTICE '104-0-01 ,[ion of 20%(existing 27.43%lot cover- SOUTHOLD TOWN ZONING ll:15 A.M. OAF and JOHN. -•,age) Location of.Property: 145 King,'r� BOARD UP APPEALS GOUVEIA #6144,RequesC for Vari Sheet,.Orient;CTM1000-126-1-23. I THURSDAY,MARCH 27,2008 ances under Section 280-124,based on 12:30 P.M. SPYRO AVDOULOS PUBLIC HEARINGS the Building Inspector's Notice of Dis- #6145..(1)This.is an Appeal of the Feb- CHRISTINA VOLINSKI PORK NOTICE IS HEREBY GIVEN,put- approval concerning proposed addition - ruary 29,2008 Stop Work Order issued 'I PUBLIC•S1ATS OF NEW suantto Section 267 oftheTown Lawand and alterations to the existing single- under Section 144.13 of the Town Code, 6105O6 Chapter 280(Zoning),Code of the Town family dwelling,which new construction -which Order states that recent construe- NO-01-Vo S of Southold,the following public hear- will result in a setback.at less than thetion work-,has"gone beyond the scope of Tali led In SUHOIk COUOiy20I2 ings will be held by the SOUTHOLD 'code-required-35 Meet,from the front . permit,;and(2)an Appeal requesting'a hog PebNbty 28. TOWN ZONING BOARD OF AP-. yard lot fine and.inerease in lot coverage Variance under Section 280-116A,based 1MainT1111op Exp PEALS at the Town Hall;53095 Ma exceeding the code limitation'.bf 20/ :on the Building Inspector's amended Road,EO.Box 1179,Southold,New ' :at 55405 County Road 48(alk/a North March 6'2008 Notice of Disapproval '. York .11971-0959, on THURSDAY ,Road)Southold;CTM 44-1-11. and applicant's request 4o,amend Build- MARCH27.2008: 1130 A M:DAVID FISHER 96126. "ing Permit.#33677.for dwelling,recon- 9:30 A.M. CFTRTSTOPHER and Request for Variances under'Section struction-(additions-and alterations)and ; ET IZABETH GRASECK#6135.Re- 280-124,based on the•Building Inspec- ;+'replacement of easferly foundation.The quest for Variances under Sections tor's Notice of:Disapproval concerning ±BuildingInspector states that the,de- j 280-116 and 280-124,based on the Build- proposed additions to the'existing single- ''.molition and-reconstruction A this.rron- ing Inspector's February 5,.2008 amend= family dwelling,which.new construction" conforiiiing 28,149 square foot parcel in ad Notice of Disapproval concerning a will tie ica than 35 feet from the rear the R-40 Districtis not permitted under new single-family dwelling(after demo- yard lot fine,less than 35 feet from the Section 280-116A(1),for,the reason that lition of the existing dwelling)for the front yard lot line,•and with lot coverage all buildings or structures located on reasons that the new construction will in excess of the:codt'rnaximum limita- lots"adjacent to sounds and upon which be:(a)less than 25 feet on a single side tion of20%,at2165 Old-Orchard Road, there exists abluff or_bank landward of . yard,and(b)less than 25 feet for total East Marion;CTM 37-3-4.1. .the.shore or beacli shall.be set back not side,yard setbacks,and(c)less than the 11:50 A.M.LTA TOT iTES and KEY- fewer than 100 feet from the top of the code-required 100 feet from the bank. IN FERRO#6129.Location of Property: bluff or bank.(adjacent to the Long Is- or bluff landward of the shore or beach 300 Jat:kson Street,New Suffolk;CTM land Sound).The building Inspector also - of the Long Island Sound.Location of 117-10-2.The Applicants propose'reno- states a variance was issued under ZBA Property:1910 Leeton Drive,Southold; vations/alterations, additions, and ex- #6060 for alterations and additions to a CTM 58-2-12. pansion of the existing accessory cottage single-farnily'dwelilng;following this,and % 9A0 A.M. JSC RESOURCES by building and in:this Appeal requesting that applicant intends to reconstruct the James Zizzi,President#6137.Request the following: dwelling and replace the easterly foun- for a Variance under Section 280-15, 1)Reversal ofthe Building Inspector's dation wall.Location of Property:54985 based on the Building Inspector's Feb- November 8,2007 Notice of Disapproval C.R.48(a/k/a North Road),Greenport; rainy 11,2008 Notice of Disapproval which states that the accessory cottage CTM 1000-44-1-50. concerning an as-built accessory swim- use is nonconforming and constitutes The Board of Appeals will hew all ming pool situated in a side yard rather a second dwelling unit,citing Section persons,or their representatives,desir-, - .-.. than the code-required rear yard, ai ` 280 121A which'prombion-states,Such ing to be heard ateach,hearmg,and/or 3190 Haywaters Road,Cutchogue;CTM nonconforming,use of buildings may desiring to submit written statements 111-11.13. • be continued indefinitely,except that before the conclusion to each hearing. 9:55,A.M.PAUL and CHERYL EA- such building or use(A)shall not he en- Each hearing will not start earlier than GUSA#6138.Request for Variances un- larged altered extended reconstructed designated above.Files are available for der Sections 280-15 and 280-116,based or restored or placed on a different pot- review during regular business hours and on the-Building Inspector's February 11, lion of the lot or parcel of land occupied prior to the day of the hearing.If you 2008 Notice of Disapproval concerning a y such use on the effective date of this have questions,please do not hesitate proposed accessory swimming pool and chapter nor shall any-terns]evidence to contact our office at(631)765-1809, raised terrace structures at less than 100 of such use be increased by any means or by email: I inda Kowalski@Town. feet from the top of the bluff,and side whatsoever,and Notice of Disapproval Southold.ny.us. yard location for the swimming pool citing Sectior2 100-31A which provision Dated:March 14,2008. rather than a code-required yard,at 1600 s InA-CR8ODistrict.spot)iiiging ZONING BOARD OF APPEALS Hyatt Road,Southold;CTM 50-1-6. or premises shall be used and no build- GERARD P.GOEHRINGER, 10:10 A.M. FRANK and ANTOI- ing or part of a building,shallbe erected CHAIRMAN NFTIF NOTARO#6136.Request for a or altered which is arranged intended By Linda Kowalski Variance under Section 280-15,based on or designed to be used in whole-or in 54375 Main Road.(Office Location) the Building Inspector's January 22,2008 part for any uses except the following; 53095 Main Road(Mailing/USPS) --- Notice of Disapproval concerning the A Permitted uses One-family detached . PO.Box 1179 proposed location of a swimming pool dwellings not to exceed one dwelling on Southold,NY 11971-0959 atthe side of deck with hot tub addition each lot":. ,__Z`1�1T-JZ0 and partly in the code-permitted rear 2) Interpretation to deal with this . yard.Location of Property:625 Calves preexisting residential use in a resideri Neck Road,Southold;CTM 63-7-30.1. tial zone,applying Code Section.,1422.1 10,25 AM, RICHARD and PA- Nonconform'n Buid'n"d with Con- MFI A FRFRKiNG #6141.This is a formingIles which states,A Nolhine request for a Special Exception under in this article shall be deemed to-prevent Southold Town Zoning Code Article the remodeling reconstructing or en-' III, Section 280-13B(14), sub-sections Dement of a nonconforming building a-d.The Applicant/Owner proposes a containii a conforming use provided Bed and Breakfast accessory use in their that such action does not create any new, residence,incidental to their occupancy nonconformance or increase the degree. as a,single-family dwelling use,with up of noticonformai3pe with regard to the to three guest bedrooms for lodging and rulations pertaining to'such braid- serving of breakfast to not more than ten •B.R onsir Ic� n^n of a damaged (10)casual,transient roomers.Location building.(1)A nonconforming building of Property:235 Lilac Lane,Cutchogue; containing a conforming use which has Lot•117 on the Map of NassauFarms; been damaged by fire or other causes to CI'M 104-1-20. the extent'of more than 50%of its fair 10*40 AM.ROBFRT F.and PATRI- yalue shall not be repaired or rebuilt CIA FRRIEMANN#6139.Request for unless such build' i is made ubstarn Variances under Sections 280-116B and tially to conform to the height and yard..' 280-124,based on the Building Inspec- gqu'ementsof the Bulk Schedule.(2) tor's November_19,2007 Notice of Dis- Application for a permit to build or re- approval concerning proposed partial store the damaged pgrtionof any build- demolition of an existing dwelling,and ing damaged or destroyed as set forth proposing new construction for altera- in SubsecCon B(Il above shallled Lions and additions to the dwelling at less within one year of the date of such dam-.,than the code-required minimum of 15 age and shall be accompanied bKplans feet on a single side yard,and less than f r Lion which as to such mor- 75 feet from the bulkhead or retaining r' am sh romP1Y with the requirements i wall,adjacent to the shoreline of Little set forth above Tf such permit is issued Creek.Location'of Property:2935 Pine it Shall one year thereafter unless Tree Road;Cutchogue;CTM 104-3-8. reconstruwi„n in-accordance with the 11:00 A.M. KAREN MAZZAF- approved pjans has been initiated: ERRO(formerly Karen Miller)#6134. 3)Alternatively,Variances based on. Request for a.Variance under Section the Building Inspector's November 8. 280-14,based on the Building'Inspec• 2007 Notice of Disapproval under Sec- _ tor's December 17,2007 Notice of Dis, tion 280-121A and Section"100-31A. approval concerning a proposed lot(#1) denied for the reasons that the acces- s proposed with a lot width at less than ry cottage use is nonconformi g and the code-required 150 feet in this pend- constitutes a 5eggad dwelling unit and ing three-lot Minor Subdivision,located as such may not be enlarged-=altered. at 1450 Horton Lane,Southold;CUM extended reconstructed or restored or 63-1-12;Zone District R-40 Low-Densi- placed on a different Qgrtion of the lot. ty Residential. nor shall any external evidence of such 11:05 A.M. 't-HOMAS and PAU- use be raised by any Means whatso- LE21E r.IF_SE"#6143.Request for a ever as a second dwelling unit \ Variance under Section 280-122,based 12:15 P.M.DONALD and JAMS on the Building Inspector's January 18, ROSE#6136.Request for Variances un- 2008 Notice of Disapproval and ZBA der Sections 280-15B and 280-124,based Code Interpretation#503.9(Walz)con- on the Building Inspector's-January 7, cerning proposed additions and altera- -2008 amended Notice of Disapproval tions to an existing single-family dwell- ,concerning the location of a new two- ing maintaining the existing front yard story accessory building at a height ex- settiack,,for the:reason that the new feeding 18:feet to the top of the ridge,af- construction will.increase the degree of fer removal of abuilding,and.which new - TOWN OF SOUTH . L PROPERTY - RECORD CARD pAWNEF, STREET G' ' VILLAGE DIST. SUB. LOT FOR ER OWNER N E f t ACR x Y �- ' , �� 1 �rP'J 't.r'6.�'Jd' � •.x� t '?.?'Ai.�; :!.{%,rtF A/ W TYPE OF B+ LDING o- I Z °.ES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value r) ID IMP. TOTAL DATE REMARKS l ..y y `^ r r" zt� l /f ram , a AGE BUILDING CONDITION "i NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 1 "illable 2 'illable 3 Voodland wampland FRONTAGE ON WATER 70 -rushland FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD otal DOCK ayen., l�.-r It*j,JJ 3 rya iY ,.� • •• ■�■ ■■■nr� ■■ 5 ■■■■■. ■■nn r i j1 ii 1 F_j tl t, )4Fn- , ■■■ .NME ■ ■■■ ■ ■■n r } .C. ■ � + r Jet .Y � ■■■ f ■■■■■■■■■■■■■ ti r ■ ■n■■■■■■i■■■■■ ■■■ i �'. ■© �■■■■■■�■■■■ f�; is �,: • mom WE ,y Y MEN am ■■■■ ■■■■MEMO I MOM ■ n■■ ■■■■■�■ ■■■■■n ■■■ ■ • • Interior OWNER STR S' ,r,,!i kt .i R ,•'�� t�3.+�S.r�L' � ��:�"^ }� _Gr�����. <•'CF."SL.��"F-(%� (�'yi%f/3.,�..t3rl 1:: `I:f` .. r FORMER OWNER N t;` C 1ffi F � 23I S 4 � tl (.JNG .. ------------- IWO RES. SEAS. VL. FARM LAND 1MP, TOTAL DATE a 14 fi ''�C..N •i`41'�Jia"x•Vv`�aJ''��Ih 11 1 ] I ' f /' � /� t k (i'!� .•y)..+']. � � � 4 � �ro� lA' � � N`� .�+. �f�G'� � �,� bx -z�% �.i�:u'..F.;�:uvxk.�'.ri?;'t;:.. T (J V�✓'� rx '. � .ff6r ��tY r 1 L�� �/. ('7'V �f 1/ 4.-� / r r, /rF•!,• .. ... ......_ .1\:5 1yt r'. �4.n_ .'t' 4N�]' i( ...... .. ... .. . . .. ..... .. .. ... .. .. rj rj N f tUt rA.X �c, i.., / _ r aA A.;. 1 BUILDING CONDITION AGE s;,,,,:.-> NEW NORMAL ! BELOW ABOVE • FARM Acre Value Per Value Acre f Tillable 1 - c°, Tillable 2 0 Tillable 3f u Woodland FRONTAGE ON WATER Swampland Brushlond FRONTAGE ON ROAD _ ! _ House Plot DEPTH j Y BULKHEAD z • c Total ,. i DOCK — 1 / � l N J22 500 I �Sao� i �a- Z5 -� 3 S S ,Q• V YeP 1 1ti" daT� - ,SyP ad' l COUNTY OF SUFFOLK\ e 5.1 I O .EO, 1O.4A 3 9 FOR PCL.N0. a O & '�° SEE SEC. 045-01-9.1.1 � 8 � 'a as O 1.BA $ 7.1 4 2 COUNTY 7544 q5 � OF SUFFOLN COUNTY OF SUFFOLK I 4.7 �v Al LINE g5� MATCH \ 2\ �\ \\\ \•• � �r' SEE SEC.N0.052 Q T �CP JE 7-V5- �. _ �. 1 3/10/2008 MAR 13 2008 BOARD OF APPEALS P' r k y P k f � Y Y AL MAR 13 BOARD OF APPEALS F MAR 1 3 2008 RD OF APPEALS a . P !k i MAR 1 3 2008 BOARD OF APPEALS 064 '+fit& or. I FRECENIED l � t i MAR CI 3 2008 BOARD OF APPEALS wtw i it �.1 + '•ia vxif .ls... �w.. '�' x`�"r�'S.�' -•s' �:R... �{r 1�tu�� `.' �-� �f �,i zt al���#�� S!1y��t«r ,aiY*.��� .�t 't #. 1_. 4��z,�'y'+!'�x��'+'.�.' ���Y�°'•-;' "� T� ,. - MAR 1 3 2008 BOARD OF APPEALS J� (Z a t MAR 7 :' 3 w�v5 BOF,RD OF APPEALS _ v � � r r, f � Y t i vie, � 'ix , ..e �E'� ll� ,}: ! 37'- •.i� tit �.'.f RECOWED MAR 7 - RD OF 1 •�F Am Pa5c_c(lae-cl �n N h ... MEN No FAV — _ - -- -- Aft co .e t � _�`RS°p s Y' -,a.y: f' Sa� �`cr�.�'LP'`�'` ---.;r •tc. .:;-Y.:��..'1.a�t�raR__1. \ RECEOWED MAR 7 2008 BOARD OF APPEALSoy �__ lfew,•v5- Lj R V AR BOARD OF APPEALS f.� t All r S ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT SPYRO AVDOULOS OF (Name of Applicant) MAILINGS CTM Parcel #1000-44-1-5 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: Y On the�(3 day of March, 2008, 1 personally mailed at the United States Post Office in Sout old, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ( ignature) ETSY PE INS Sworn to before me this �3rH day of March, 2008. (N6fary Pub4R�,,P,:,_T RUTKOWSKI Notaryn`PJew York Qualified in Suffolk County Commission Expires June 3,-V PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT 7192 6463 3110 0000 0454 FROM: I RECEIPT 7192 6463 3110 0000 0447 Patricia C.Moore Esq. I f RE:AVDOULOS ZBA HEARING FROM: Patricia C.Moore Esq. J y I. II RE:AVDOULOS ZBA HEARING • SEND TO: y ' FEHIM&SEVGI UYANIK l j 55055 NORTH ROAD I SEND TO: SOUTHOLD NY 11971 .I FEHIM&SEVGI UYANIK ` 55055 NORTH ROAD SOUTHOLD NY 11971 i FEES: Postage 0.41 r ce ;ed Fe 2.65 I FEES: 0.41 h r_r�ec t_ 2.15 I Postage da Certified Fee 2.15 �j Returti Repeipt OTAL do5.21 I Re&-cted C) Ppgs4 D TE +� i:tP1FtTM Q �c,Q _ I TO TAL I ( C JOSTMMK E- usp s i-- — - - - RECEIPT ( 7192 6463 3110 0000 0461 I— ,I I FROM: I RECEIPT Patricia C.Moore Esq. RE:AVDOULOS ZBA HEARING I I 7192 6463 3110 0000 0577 I FROM: Patricia C.Moore Esq. IRE:avdoulos zba hearing I SEND TO: , ZAKARIYA GUNUSEN j I MARIH.GUNUSEN I 325 STONY SHORE DRIVE (I SEND TO: SOUTHOLD NY 11971 ; HARUTYUN&NUNIK KUZUKO, 480 PARK AVENUE FEES: ��. I MANHASSET NY 11030 I Postage 0.41 vCertified Fee 2.65 Return Receipt 2•15 FEES: Restricted 1 I Postage 0.41 TOTA o���$15.21 l certified Fee 2.65 Return Receipt 2.15 II I MARK O T I Restricted pco TO N Y 7 5.21 ® WAR d 2 i MIC)" a li I ARK O E I ® �e�� ,2 I fill j _ ............Tj PATRrICIA C• MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number d �1 7192 6463 3110 0000 04471 � r A. Sr (❑A(d essee or l;�gent) I 1 .11 l ^, ' ;� IIIIII III II IIII II III IIIIIIIII II IIIIII III I I! ,r ! 9 L I B. Received d: (Plea e P irt dear - —I--- --- r 7192 6463 3110 (�---.-� -_--- --- 7 ra C.Date of Delivery �, Article Addressed To: ? G ® ra C3 ® S D.Addressee's Address(nDiaerentFremnddrass ends FEHIM & SEVGI UYANIKi C3 i ' 55055 NORTH ROAD z W C3 C3 __ _ SOUTHOLD NY 11971 n o w Secondary Address Suite%Apt I Floor•(Please Pint Clearly ; 0 II ® > m ® H ------------------------------------------------------------------•--•-•----------• to iDelivery Address 0 M ==== A ra ® M W W W Ir l ® N E tYl O rl i Clty: State ZIP+4 Code j� � ® tTl eAttl Z =3 _ a) w- Cr r s � t'p :3Z M >- ._ IL ra Q = Z 4. Restricted Delivery? 3. N ` o r- `D w Q >- PATRICIA C• MOORE ESQ• j� W N d H S F O 51020 MAIN ROAD (Extra Pee) Yes SOUTHOLD NY 11971 � H t- = 2. Article Number ® a �[ w Ln = a a XtiO 7192 6463 31 A. Signature: (❑A ressee o ❑Agerft) Q, ~ IIIII IIII ��IIIIIIIIII �.6 � � �.. Z B. Receive B PI ase Print Cle�rr a 7192 6463 3110 11 H m " C.Date of Delivery 0 � le Addressed To: j W N 1 o a r°-i 22 D.Addressee's Address wDifferentFmmaddressusedaysendap F E H T M & SEVGI U Y A N I K '� s 55055 NORTH ROAD c z m SOUTHOLD NY 11971 H Q a - j a � A Secondary Address/Suite/Apt.1 Floor(Please Print Clearly) 'N ' I rv-ia = a v Delivery Address f NO Q T Clty..................................... ....... ........ .. __ d Illy > ' at to o V. <State ZIP+4 Code j a m ci o N o �: . r - ' �`...... 4. Restricted Delivery? 3.Service Type PATRICIA C• MOORE ESQ• CERTIFIED i „ 51020 MAIN ROAD - (ExtraFee) '�Yes; r SOUTHOLD NY 11971 j 2. Article Number a .2 7192 6463 3110 0000 057711 al • • a ,,n A. Sig ure: dressee or°Agent) I III IIIIIIiI II IIIIIIIIII IIIIIIIIIiillill ! rul B. Received y: (PI a e t Clearly) i B. 7192 6463 3110 0000 1 . al} M1 E I C.Date of Deli veti� 1. Article Addressed To: ,per _ A ., \� I D.Addressee's Address(/rD/r/erenfFm.Address UsedbySende0 HARUTYUN & NUNIK KUZUKOGLU MAN PARK AVENUE ' •••.-_, MANHASSET NY 11030 S I Secondary Address I Suite.I Apt./Floor(Please Prinl Clearly) ----------------------------•------------.-------........ _.. Delivery Address - Clty 1 1 . . . ; State ZIP+4 Code; AVDOULOS NEIGHBOR LIST SCTM: 1000-44-1-5 FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-44-1-4 a FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-44-1-6 ZAKARIYA GUNUSEN MARI H. GUNUSEN 325 STONY SHORE DRIVE SOUTHOLD NY 11971 SCTM: 1000-52-3-24 HARUTYUN & NUNIK KUZUKOGLU 480 PARK AVENUE MANHASSET NY 11030 SCTM: 1000-52-3-23 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SPYRO AVDOULOS SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-44-1-5 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 18th, March, 2008, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance`; and that hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, March 27, 2008 !r Pat ' is C. Moore Sworn to before me this day of March, 2008. 4Nota� 1 t3ErSYA PERKINS Notary Public,State of New Vo* -- No.01PE 6130636 Qualified in Suffolk Count' Q9 COMMISsion Expires July 18� J *near the entrance or driveway entrance of the property, as the area most visible to passersby. RECOVED MAR 7 �03 &Iv Spyro Avdoulos BOARD OF APP�R,�.S December 13, 2006 Patricia C. Moore,Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I, Spyro Avdoulos, as owner of premises '51-1q 0011 - 1/II-mac/ (1000-44-1-5) ��� hereby authorize you to make any and all applications to the Town' of Southold Zoning Board of Appeals, , Town of Southold Planning Board, Town of Southold Board of Trustees,New York State DEC, Suffolk County Health Department and any other necessary agencies on my behalf and on my behalf regarding my above referenced property. Very , i SPYRO AVDOULOS L�' Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/10/08 Receipt#: 13159 Transaction(s): Reference Subtotal 1 1 Application Fees 6145 $400.00 Check#: 6854 Total Paid: $400.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID:6145 TOWN OF SOUTHOLD BUILDING DEPARTMENT �Q\ SOUTHOLD N.Y. NOTICE OF DISAPPROVAL Date: May 9,2007 Amended: June13, 2007 Amended: March 6, 2008 To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold,NY 11971 Please take notice that your proposed amendment dated March 6, 2008 For permit#33677 amending the plan to reconstruct&replace easterly foundation wall at Location of property 54985 North Road, Greenport,NY County Tax Map No. 1000- Section 44 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance, decision#6060,for alterations&additions to a single family dwe g_allowing- 23..2' setback from the top of the bluff. s. n Followihis amendment the applicant intends to reconstruct the dwelling, ,.�t g�t � pp �. g, with 6(� bS replacement:gf the east~foundation wall. Therefore the demolition&reconstruction at this nonconforming 28,149 sq. ft. parcel in the R40 district, is not permitted pursuant to Article XXIII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank." Authorized Signature Note: The existing garage has a permit for demolition&construction of a new accessory garage. � 4 -9 it 1 Li 3 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 4 COUNTY OF SUFFOLK: STATE OF NEW YORK 5 ------------------------------------------X 6 TOWN OF SOUTHOLD 7 8 ZONING BOARD OF APPEALS 9 ------------------------------------------X 10 Southold Town Hall Southold, New York 11 12 August 2 , 2007 13 9 : 30 a .m. 14 15 Board Members Present : 16 17 JAMES DINIZIO, JR. - Chairman/Member 18 . GERARD P . GOEHRINGER - Member 19 RUTH D . OLIVA - Member 20 MICHAEL A. SIMON - Member 21 LESLIE KANES WEISMAN - Member 22 LINDA KOWALSKI - Board Assistant 23 KIERAN CORCORAN - Assistant Town Attorney ( 11 : 10-1 : 50 24 P.m. ) 25 62 1 ZONING BOARD OF APPEALS - AUGUST 2 , 2007 2 CHAIRMAN DINIZIO: Do you have anything else to add? 3 MS . DWYER: No. CHAIRMAN DINIZIO : I ' ll just ask if anyone in 4 the audience has any comments for -or against this application? Hearing none, I ' ll entertain a motion 5 to close this hearing to August 16th . ' BOARD MEMBER OLIVA: So moved. 6 BOARD MEMBER WEISMAN : Second. CHAIRMAN DINIZIO : Motion made and seconded. 7 All those in favor . (See minutes for resolution. ) Hearing #6060 - Avdoulos . 9 CHAIRMAN DINIZIO: Our ne,xt „applic.ation is Spyro Avdoulos and that ' s going to be Michael . 10 Hold on, that ' s Jerry ' s . Sorry. BOARD MEMBER GOEHRINGER: "Request for 11 Variance under Section 280-116A, based on the Building Inspector ' s amended June ,13., 2.007. Notice 12 ' of Disapproval concerning, .pro.pose.d additions and alterations to the existing single-family dwelling 13 with a setback at less than the code-required 100 feet from .the top of the bank o_r bluff adjacent to 14 the Long Island Sound, at, 54,9.85_ North Road, Greenport; CTM 44-1-5 . " 15 CHAIRMAN DINIZIO : Okay. Pat? MS . MOORE : Mr . Avdoulos_ has a two-story 16 house there . The house has. a. full basement and, when we started this project,, the first thing 17 Angel Tourno (phonetic) is the architect . . The first thing that he did was to "check with the" 18 Trustees and say would you, when we ' re designing this, would you prefer that we address the portion 19 of the house that is in the coastal erosion hazard area? So the first step in this process was to 20 eliminate the corners , the triangular portions of the house that went beyond the coastal erosion 21 line . So in order to do that, it was taking an existing house with an existing foundation and not 22 demolishing the foundation, not- doing anything to the foundation but taking the portion of the 23 house, the first floor and cutting off those portions that are encroaching in the coastal 24 erosion hazard area . This particular house appears to have been built sometime in the 160 "s . 25 I see from photographs in the tax assessor ' s records that the back -- a lot of the house was 63 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 covered porches that over time got enclosed so the portion of the back end of the house, the 3 waterfront portion of the house that is being cut off is being cut to a point where the roof line 4 makes sense . Where you can cut what appears to be a small nonstructural element . Then keeping again 5 the foundation that is there, cutting the building back in order to provide for a patio or a deck 6 area, taking the foundation, converting the existing foundation to decking . The house then 7 is, the first floor, required renovation . The first floor wall , obviously that you ' re cutting 8 off, is gone and you have to rebuild the waterfront wall . The second floor are dormers 9 right now and what the owner wishes to do is increase the second floor and essentially put a 10 full second floor over the house . At the time that this project started, the intention was to 11 build all new structure, landward , of existing structures so on the landward side of the house 12 was any new construction, .any new first and second floor . So that was the overall design plan at the 13 time that we started this project . There is bulkhead. The waterfront also has a lot of. 14 natural stones, rocks, so that the waterfront is very stable at this site . The bank is only about 15 19 feet above sea level and then the top of the bank we have already addressed nonturf buffers 16 with a nonturf buffer area, new dry wells and gutters . Essentially, this is putting a typical 17 second floor over an existing house . What made this a little more complicated is trying to 18 correct the nonconforming portion of the house that was in the coastal erosion hazard line . 19 Obviously, keeping the house, the first floor exactly where it was , was the most, would have 20 been the easiest solution here . But in attempting to satisfy this Town ' s goals not to build in a 21 coastal erosion area, we addressed that first and that ' s why that portion of the, the corners of the 22 house were being removed. I will answer any questions that you might have . I have Angel here 23 that can answer you any structural issues . The client wants a garage, another garage . The old 24 garage there is a one-car garage . This actually conforms a little . Instead of expanding the 25 existing garage, which would be another variance, we have actually a conforming request for a garage 64 1 ZONING BOARD OF APPEALS - AUGUST 2 , 2007 2 and the client wants to have the two garages with a walkway so that it creates a buffer from the 3 North Road and creates a visual barrier so it creates more privacy . 4 BOARD MEMBER GOEHRINGER: How much of the first and second story, we ' ll refer to the second 5 story as a partial second story, is going to be torn down? Is this a rip down to the foundation 6 Mr. Tourno? MR. TOURNO: We keeping the basement . We 7 keeping the exterior walls of the first floor except for the front and back. The front because 8 we adding ten feet to increase the size of the house . And the back where the water is because we 9 demolish the existing enclosed porch or whatever and we don ' t have any wall . So the first floor 10 will have a new wall from the water side and a new addition on the street side . Now, when a second 11 floor, if we tried to put the second floor over the old first floor, we would not comply with the 12 setback for the second floor on the right side of the property . At the time I went to talk to the 13 Building Department and they told me that if I do the second floor with a right set back on the side 14 yard, then I would be complying and everything was . fine because the other is existing and it was 15 acceptable . But adding to that would not be acceptable . So we pushed the second floor and 16 allow all the right side of the first floor to make like an encroachment in the design. So the 17 design has a little odd shape but the reason is that . 18 BOARD MEMBER GOEHRINGHER: When you refer to placing the front of the building or adding to the 19 front of the building, you ' re taking off the existing front porch that ' s in the front of the 20 building; is that correct? MS . MOORE : The front door, there ' s no sense 21 for it . Are we talking about the waterfront side? BOARD MEMBER GOEHRINGHER: You ' re taking that 22 off and making that a porch, patio . Right . MS . MOORE : Is there basement under it? 23 MR. TOURNO: No that ' s -- we ' re just filling up to the height of the existing footing and 24 putting a patio there and then the steps around to get out of the patio . 25 BOARD MEMBER GOEHRINGER: So it ' s 19 feet measured on the easterly side of that to the 65 1 ZONING BOARD OF APPEALS - AUGUST 2 , 2007 2 bulkhead and it ' s 20 feet measured -- MS . MOORE : There ' s so many lines here, I 'm 3 sorry. BOARD MEMBER WEISMAN : Twenty-one foot, seven 4 inches from the bluff. The concrete patio over the existing foundation should be at 2117" from 5 the bluff . BOARD MEMBER GOEHRINGER: It ' s showing 19 6 right here . BOARD MEMBER WEISMAN : That ' s the steps . 7 MR. TOURNO: We have to modify the plan in order to add those steps so we can -- 8 BOARD MEMBER GOEHRINGER: That is at it ' s closest point . 9 BOARD ASSISTANT KOWALSKI : I don ' t see 21 on the map . I see the old step is 20 . 5 but the old 10 step is coming out . If you had two or three feet to that, it would make it -- 11 MS . MOORE : Well because the angle of the bluff that alters, so it ' s really -- all the 12 measurements are almost -- BOARD ASSISTANT KOWALSKI : It ' s 19 then on 13 the corner, right? BOARD MEMBER GOEHRINGER: Go a little bit 14 farther, Linda . MS . MOORE : Nineteen is the closest point to 15 the end of the step on the east side . That ' s the measure . 16 BOARD ASSISTANT KOWALSKI : I see that . What was the 21? 17 MS . MOORE : Twenty-one is the foundation. The existing foundation . 18 BOARD ASSISTANT KOWALSKI : At what corner 19 patio .MR. TOURNO : Which now is going to be the BOARD ASSISTANT KOWALSKI : That ' s coming out? 20 BOARD MEMBER WEISMAN : No, it ' s staying. Just being poured in, filled in. 21 MS . MOORE : It ' s being filled in. BOARD MEMBER WEISMAN : So it ' s solid. 22 BOARD ASSISTANT KOWALSKI : But it ' s not labled on here but it ' s written somewhere . 23 MS . MOORE : Yeah, it is . It says existing stoop to be removed. Proposed steps -- it ' s 24 identified as proposed patio . Nathan put it all on the left side of the drawing, on the west side of 25 the drawing. BOARD ASSISTANT KOWALSKI : So that includes 66 1 ZONING BOARD OF APPEALS - AUGUST 2 , 2007 2 that new step area? MS . MOORE : Yes . The step down . 3 BOARD ASSISTANT KOWALSKI : Thank you. BOARD MEMBER GOEHRINGER : Okay . So then we ' re 4 putting, when you refer to one and a half story, it ' s really going to be two stories over the rest 5 of the house? MR. TOURNO : Except on the right side which 6 is nonconforming . We ' re not putting a second floor there . 7 MS . MOORE : On the east side of the house is presently at 12 ' 2" . In order to make it a 8 conforming 15 foot side yard, it means that the second story can only start at the 15 foot set 9 back. (Everyone talking at once . ) 10 MS . MOORE : We really tried to make as much of this conforming. When we started, it was under 11 the interpretation of landward of existing structure . So we were trying to make everything 12 landward of existing structures . MR . TOURNO: I went to the Building 13 Department asking what do I have to do for this to comply I said without any variances except for the 14 front, the waterfront . He told me all the instructions . I did all what he said and then when - 15 we presented the drawings , he said, no, you have to go to Zoning anyway. That was Mr . Verity. 16 ` BOARD MEMBER ,WEISMAN : Because of the water . MR. TOURNO : Any property in the water has to 17 come to you, I understand. MS . MOORE : It would have probably made sense 18 to do a variance for the side yard at 1212 " but at that point the design had already been approved by 19 the client . BOARD MEMBER GOEHRINGER: This is a 22 by 23 20 foot garage . MS . MOORE : That requires no variances . 21 That ' s compliant . BOARD MEMBER WEISMAN : Twenty-three by twenty 22 foot wide . MR. TOURNO: It ' s a replica of existing . 23 BOARD MEMBER WEISMAN : With a 15 foot door clearance . Is that unheated? It ' s got a half 24 bath . MR. TOURNO: It ' s just a garage . Has a half 25 bath because of the people using the, coming from the beach . But it ' s not heated, no . 67 1 ZONING BOARD OF APPEALS - AUGUST 2 , 2007 2 BOARD MEMBER WEISMAN : Unheated . And the sink and counter is handwashing, cleaning fish . 3 MR. TOURNO: Fishing and things of that nature . It ' s not habitable . It ' s not intended to 4 be . BOARD MEMBER GOEHRINGER: Thank you for 5 explaining that . MS . MOORE : There are a lot of lines , I 'm 6 sorry. BOARD MEMBER GOEHRINGER: It ' s kind of 7 narrow, the property and you fit everything in that area . Just for the Board ' s own 8 identification . Joe Ingegno (phonetic) sold his office and Nathan is now the new owner . Do we know 9 Nathan ' s last name? MS . MOORE : Corwin . Nathan Corwin, III . 10 BOARD MEMBER . GOEHRINGER: So Joe will be there until the end of the year . 11 MS . MOORE : Yes . BOARD MEMBER WEISMAN : I had a question about 12 the driveway. Right now, who ' s driveway is that when you come in? It looks like the neighbor ' s 13 driveway. MS . MOORE : There is no driveway . 14 BOARD MEMBER WEISMAN : There ' s no driveway on your client ' s side . 15 MR. TOURNO : It looks like initially the neighbor ' s driveway was shared by both . 16 BOARD MEMBER WEISMAN: It would appear so because then suddenly you have to veer off to your 17 client ' s property and I was wondering because it ' s not clear on the -- I guess it would appear as 18 though you ' re adding a gravel driveway on your property. Makes perfectly good sense . Okay. 19 CHAIRMAN DINIZIO: Michael? BOARD MEMBER SIMON : No questions . 20 CHAIRMAN DINIZIO : Ruth? BOARD MEMBER OLIVA: No, I guess not . Yes . 21 What kind of condition is that foundation in after four years? 22 MR. TOURNO : The existing basement is fine including the sort of crawl space that this porch 23 had. BOARD MEMBER OLIVA: Part of it is crawl 24 space . MR. TOURNO : And that ' s going to become a 25 patio so actually there ' s no issue there . BOARD MEMBER OLIVA: So it will support the 178 1 ZONING BOARD OF APPEALS - AUGUST 2 , 2007 2 C E R T I F I C A T I O N 3 1 , Erika Nadeau, a Notary Public of the State of 4 New York do hereby certify: 5 THAT the testimony in the within proceeding was 6 held before me at the aforesaid time and place . 7 That the testimony was taken stenographically by 8 me , then transcribed under my supervision, and that the 9 within transcript is a true record of the testimony 10 given . 11 1 further certify that I am not related to any 12 of the parties to this action by blood or marriage, 13 that I am not interested directly or indirectly in the 14 matter in controversy, nor am I in the employ of any of 15 the counsel . 16 IN WITNESS WHEREOF, I have hereunto set my 17 hand this Y,---- day of ��(� � — 2007 . 18 19 20 21 Erika Nadeau 22 23 24 25 APPEALS BOARD MEMBERN Mailing* Address: Jantcs Dinizio.Jr., Chairman ��� SQU�y�/ Southold Town Hall Gerard P. Gochrin,cr ~ 53095 Main Road • P.O. Box 1 171) Southold.NY 11971-0959 Ruth D. Oliva C13Office Location: Michael A. Simon • ��� Town Annex/First Floor.North Fork Bank Leslie Kanes Weisman /�COUM �F 54375 Main Road(at Youngs Avenue) Southold, NY 11971 hitp://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION 'Southold TCWn Clerk MEETING OF AUGUST 16, 2007 ZB File No. 6060- Spyro Avdoulos Property Location: 54985 North Road, Greenport CTM 44-1-5 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 11 category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot has 63.37 feet along North Road (C.R. 48),405.83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the Long Island Sound. The premises is improved with 1 Y2 story single family dwelling and accessory frame garage, as shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated June 16, 2006. BASIS OF APPLICATION: Request for a Variance under Section 280-116A, based on the Building Inspector's amended June 13, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling with a setback at less than the code-required 100 feet from the top of the bank"or bluff adjacent to the Long Island Sound. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 25, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: The applicants are requesting relief from Chapter 280 (Zoning Code) concerning a 4.5' by 10' portion of the house on the northerly side to be removed; to reconstruct new steps and patio after removing existing steps, removing 3.5' x 24.4' portion of existing house and existing foundation to remain with new patio to be placed over it; to construct a new second story addition with partial first story reconstruction, proposing a new two-story extension with new porch. A Determination of Inconsistency under Chapter 268 was issued on July 16, 2007 and submitted to the Board of Appeals, and additionally a recommendation if this application were to be approved: to maximize the non- turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. The house is sited approximately 20 feet from a wooden bulkhead, and a grassed lawn exists in this area. Accordingly to an evaluation conducted by the County of Suffolk, Soil and Water Conservation District,.in its letter dated July 16, 2007 to the Board of Appeals, the bulkhead is in stabile condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant has confirmed that necessary repairs will occur as recommended in this evaluation. No future sprinkler irrigation system should be installed within close proximity of the bulkhead, which is a catalyst for Page 2—August 16,2007 ZB File No.6060 —Spyro Avdoulos CTM No.44-1-5 erosion and can cause damage to the bulkhead. Within the site plan, silt fencing is documented and care should be taken with the installation of the silt fencing, which involves digging a trench and burying the bottom of the silt blanket. In addition, no disturbance to the land between the house and the bulkhead would occur for the areas of construction, as proposed, in this application. Grant of the relief under Chapter 280 (Zoning Code) involves the keeping of the existing foundation without disturbance and converted to a patio, after removing the north first floor wall that is over the Coastal Erosion Hazard Line (see Town Trustees' Permit for related requirements and conditions). The house was built in the early 1950's, and these renovations and additions will bring the home into the current building code standards, without reducing the existing setbacks of the foundation. There is no new foundation or basement proposed. The new construction for the additions, as proposed and shown on the plans submitted with this request, will be on landward side at the southerly portions of the dwelling. A non-turf buffer and dry wells will be installed to comply with the Town Trustee requirements. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting reconstruction of an older two story home with an enclosed front porch, to a full two-story home with a new raised open front porch, as shown on alteration plans prepared by Chorno Associates dated 04/07/07. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. By field inspection of this property and the surrounding properties in the immediate area, most of the homes lie very close to the top of the bluff. The subject property's bluff seems fairly stable with large rocks and boulders found on the beach. The proposed steps on the new porch will lie 19' from the top of the bluff. The actual dwelling is proposed at 23.2 ft. from the top of the bluff. In the discussion with the architect and review of the alteration diagrams, two walls of the home will remain and the existing second-story (full half story) will be removed. At the hearing, the architect testified that the existing foundation is in good condition to support the proposed new two-story additions for this dwelling. Based upon all the evidence submitted with testimony during the hearing and with documentation presented, that the reconstruction would not cause an undesirable change in the character of the neighborhood or detriment to nearby properties. 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 existing foundation will be used, after alterations, in a location that has for many years been nonconforming in relation to the bluff. There is no other alternative but to request a variance. 3. The variance granted herein is substantial. The replacement of the home is essentially within the same building footprint. This is the maximum relief that the Board will allow. 4. The relief requested is not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Page 3—August 16,2007 ZB File No.6060 —Spyro Avdoulos CTM No.44-1-5 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing the primary structure over the existing foundation, while 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 Goehringer, seconded by Member Weisman, and duly carried,to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Ingegno, Land Surveyor dated June 16 2006 and Proposed Alteration plans prepared by Chorno Associates dated 04107/07, subject to the following condition: the only equipment or vehicles permitted within 50 feet of the top of the bluff shall be rubber-tired such as a backhoe. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliv Goehringer, and Weisman. Member Simon was absent. This Resolution was duly adopted (4 J es Dinizio Jr„ Chairm pproved for Filing RECI"WrD �.,n. 2 � SURVEY OF LONG IsLA11rD LOT 15 & THE WESTERLY 1/2 OF LOT 16 SO UN MAP OF PROPERTY OF 8 D W. H. YOUNG AND R. J. GOODALE FILE No, 585 FILED SEPTEMBER 11, 1929 SITUATED AT S '4 7 51,e GREENPORT 37 S 67. . E TOWN OF SOUTHOLD ° SUFFOLK COUNTY, NEW YORK ZONE.YE -- — — _, S.C. TAX No. 10100-44-01-05 "Nix []- _ + —B VI SCALE 1"=30' ` hbI+ JUNE 16, 2006 p Ae 1es •4A ry JANUARY 24.2007 ADDEDIPROPOSED ADDITIONS FE'BRUARY 1,2007 ADDED PROP.HAY BALES&DRYWELL O MARCH 22,2007 AOOED NDN-TURF BUFFER,k REVISED PROP.DRYWELL LOCATION ` - P MARCH 2B,2007 REVISED AS PLR JOSEPH FISCHETTI,P.E. '- gYFRW JUNE B,2007 REVISED PROPOSED ADDITION _ I j0'VM1OLN YDN•C'lG IN Q P!+II /) 4!A O�� 71 AREA = 26,142.93 Iq, ft. JUN 1 IOft�TO, uAyHIOBY y y (TO DE UNE) 0.646 00. 8 LDD� T^ I 1.bY ya co.IED ER s GENERAL NOTES., (_!+_• Ld�Ab-G fy,R O DTro T 4!R'10 eJHA;1M"p AREA yip 1.ELEVATIONS ARE REFERENCE;7D N.G.V.D.1929 DATUM Y Y I� AP,PRI yY.y7c1b EXISTING ELEVATIONS ARE SHOWN 7HUS:AP WHOt m a t` EXISTING C=UR LINES ARE SHOWN THUS:-----1----- 4rr". tp•..Cya���3•LaD� n.-rvtt[lum ��,',py�yR bTOIaY XB Y 1' �7 1t17[^" µ ybTUK� T ID ud To 6�� I/„Xfo' �� 1.FLOOD ZONE INFORMATION 7�1NEN FROM: YyjbML DIULL 40 FLOOD INSURANCE RATE MA No.]8107C0158 G I NyEO[GN ZONE VE: CQASTAL ODE WIiI VELOCITY HIM (WAVE ACDON); BASE ROOD E A710NS DETERMINED ZONE%: ARFAS DETERMINE 70 BE OUTSIDE 500-YFM ROODPWN m Bal y P T us sLi9AOX RBOY yp ,I i,P'# 14 j16 Io° �OiXRAOE•` PROPOSED SEPTIC SYSTEM(NOTES• ,,11 FPR � ry DM1>A1e/ I.PROPOSED BLPDC SYSTCY D N BY.x/BEPN F6L11[TII,P.E. �.0.Do.III. 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Ingegno TDD BBl law a M N.row)TA. muDLron u:N. ° W"LDDN[�ED Land Surveyor ml w Vow Pvw NA'/6 D� L �F BE C .m CSNALLwN m+RFlu1KNe NDFARO H(R[OX SMALL Rw I •seYl YN wow OMLY 10 M[AND.FOR mWY M TO9UNLY AND ON mA BOull M TiW Sulp ry -SubAvh'orw-Sfle PkmP- Cm]WPUm LDFODI v TR[VAPm.CtuvNrt DOV[Rw4MAL AO[xCY Aw 11NOM.1p590NRD9 0!MC IlMOING I1µ6101- w BmXx FPa m Ymrvu Y+D v ;9IN All NET,R•NIR�� PHONE(671)727-2090 Fm(871)727-1727 OFFICES LOUFEO AT MAXWO ADORF95 D/OIT ION.—OF—.B..A1, 329 ROANOKE AVENUE P.O.BOX 1931 I ANY,WE IND"ARE NOT GUARANTEED. RNERHEAD,N..Y A 11901 RAVFN .NO.YDA 11901-01165 8-189 I II r .-..; i II II�N 7 Roos uv7 azd Fcnoe - I s.dTex Nu iooa=ae=pFps . -WDOHLOS REplpENCE'• o�R 1-31-07 ;ex�snNG�H0u5fi. -. . ._ .54095.NORTH ROAD GRPrjPDHT,i'�Y. .. CHORNOOCNTES, - . eamcwxcwwx. ' - ''-ram -3 6S•_. .//rG .!p •!S �EtW RsuO N �� � -a-, � m'¢ykcv ul � •. o - - .V .wurnVbarc7 . • -� �vo N .� �� - tq � �/� as ;I e © w/ � I I .. �. E. Fo Val; - CC •4"6FdRooH .rc .V i 0 -:.J�•f .' -' I III �+c`o 'a o _ i4=//y.�•. 5'. /4///.•: . I a A 1 .TaU.ldd'T/OF!- T :-i/!.4�• `•I. S•a . - '1 I � ———� I � •• t/RS/.-EL'LXJ.� .�"-SE.COA7�:E000iQ -_ JI ,.Vcv e'e A AVCOULOS RESIDENCE!. __CT • .•r.-/�_o' I PROPOSED ALTERATIONS. I . � ' I I � •� .. .--- i 54985 NORTH ROAD (iflEENPORT.tiX A'1 1 �,-' I CHORNOAaOCIATES u7. Fir _ e _ ED 9-11 AVDOULOS RESIDET Ct DAMM 4-7-07 PROPOSED ALTERATIONS 54995 NORTH POAD GREENPORT NY .:A-1 CHORNO ASSOCIATES v _ .' .. - y wcae+a4cl2 .. ypaetY6j:SwIILN._..._. __r'tj[LNDtC K �4 ` t R.¢al<naaq ece IO I[,c 7flewcaEr -.._: wore :u I ' C,� �(tQ-'•�/Wr.CES � � ��/$_arm � fxxYY D'BYyC � � ....—__ ._ _ .. , �dI Y/NY4 6//D/NG ZI . •� .r- .- ate � .+IxINN:= I . — -�:�' � �I -edri � E I y/rJ 4 Y - Nx/lam l9 JD seat. .. — _ - __ �7.vnxeg a .� 111 � � � � •; ® ���' ,®' v / I I y,� I I - AVOODLOS RESIDENCE:!'. wn.4-7T07 PROPOSED ALTERATIONSr. . A-3 94985 NORTH ROAD GREENPOflT.NC ' � � CRORNO�SOCIATES ' � ,4uTlk,,, E ur- !HEAR1 ,4U The following application will be heard by the Southold Town Board of Appeals a4 Town Hall, 53095 Main Road, Southold: PAMEE AVDOULOS , S . #6145 PIAP # E0 44= 1 =5 APPEAL : Bluff Setback Variance r-EQUESTE Dwelling Reconstruction DATE : THURSDAY, Mar.- 27 , 12m. 30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ='ONING BOARD-TOWN OF SOUTHOLD 765= 1809 Office Location: OSVFFO(�CO USPS Mailing Address: Town Annex/First Floor,North Fork Bank y�c 53095 Main Road 54375 Main Road(at Youngs Avenue) C#* Z P.O. Box 1179 Southold,NY 11971 Oy� �� Southold, NY 11971-0959 of ,� Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631)765-1809 Fax (631)765-906 March 7, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re:..ZBA.File Ref. No. 6145 (Avdoulos) Dear Mark: We have received an application for substantial demolition of an existing single family dwelling at a premises on North Road in Greenport, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer Office Location: $11FF011rc UPS Mailing Address: �G Town Annex/First Floor,North Fork Bank �� Zee 53095 Main Road co 54375 Main Road(at Youngs Avenue) W = P.O. Box 1179 Southold,NY. 11971 py� � Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 March 7, 2008 Suffolk County Soil and Water Conservation.District 423 Griffing Ave., Suite 110 Riverhead,New York 11901 Re: ZBA File Ref. No. 6145 (Avdoulos) Gentlemen: We have received an application for a project adjacent to Long Island Sound in Greenport,NY, and shown on the enclosed site map. The hearing on this application is expected to be held on March 27, 2008. Enclosed.is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer By: Encls. 3 -= � Town of;S,.:.,utold C7 App Narne Q M p z 'O File No ❑II c s1Eq�a: Board Member M i hael A. Simon Search �h 0 Qther, ng T ri Hea line 5 P 'File' 6145 Tax Map 44 1 5F App Name AudouI s, Spyro Es Received Date 3/7/ 008 Tot Fees $ 00 00A rF� a' Hamlet Greenport Type Residential Zonef Date forwarded to Town Clerk 3/7/2008 Status New � Action � Meeting ABuh1dir g Dept Location 54985 North Road Meeting Date � ; ND Date 1 5/9/21007' SFiort Substantial demo - bluff setback; 280-116A(1) He Date 1, ND Date 2/13/2007 I Desc Hearing Date 2 (i ND Date 3 3/6/2008 copy 2: l Hearing Date 3 ND Date 4 ;, ... . Hearing Date 4 ND Date,S Prior ZBA #6060 (2007) LWRP; Co PI and S&W . F i Notes 3/7/08 Hearing Date 5 ND Date 6 iJl coon Date ND Date 7 S 3/7/20U8 2 38 PM ; CAPS NUM E3evelopedby tMle SoutholdTown'Data Processing£;E�partment� Office Location: O�OSQFIr�(�C� USPS Mailing Address: G Town Annex/First Floor,North Fork Bank �� y�c 53095 Main Road 54375 Main Road(at Youngs Avenue) ti Z P.O. Box 1179 Southold,NY 11971 py Southold,NY 11971-0959 col � Sao http://`souiholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 Fax (631)765-9064 March 7, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to.Article XIV of the Suffolk County Administrative Code: ZBA File #6145 Owner/Applicant: Avdoulos, Spyro Action Requested: Bluff setback Within 500 feet of: ( ) State or County Road ( X )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman Encls. Office Location: � OGy Mailing Address: Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) W- P.O.Box 1179 Southold,NY 11971 �y �!� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: zi ❑URGENT ❑FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ NOTESICOMMENTS: Please find attached copy/copies of the following: � u/S Thank you. Sender's Initials: FFO Office Location: Mailing Address: yQG� Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 • X P.O. Box 1179 Southold,NY 11971 y �! Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: _ Fax# Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: 7,,�1O Y� 7, )6/j-4'(z �0/3 X ❑URGENT FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ NOTES/COMMENTS: Please find attached copy/copies of the following: zo Thank you. Sender's Initials: _ .(� Office Location: �� C OGy Maihn,g Address: Town Annex/First Floor,North Fork Bank ti 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 y p!� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: coo j ❑ URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ _____________ NOTESICOMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: �.�NING BOARD OF APPEAL MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net March 6, 2008 Re: Town Code Chapter 55— Public Notices for Thursday, March 27, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March loth : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 12" : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 17th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to March 27, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends.