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Home My WebLink About6189 �G�/d�� -- 02�'a-//!o�4� ._�9��•v�i��r�"{�� ,�FC��si�iYi�c�cl �� p7Ti ER po iiS ov ��9 i �J Avdo��s S'• s 6-12�0 r rA k .k1w - )64vFF Sri dcK_ _ zv, .53 APPEALS BOARD MEMBERS �QF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� �� Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Q Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 1ycouffm 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 REC IVED 4- FINDINGS, DELIBERATIONS, AND DETERMINAT P MEETING HELD SEPTEMBER 4, 2008 Southold Town Clerl ZBA# 6189 - SPYRO AVDOULOS, Applicant 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 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 dated July 3, 2008 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 lot 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 a foundation of the 11/2-story single-family dwelling that existed prior to its .demolition, and accessory frame garage, as shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated June 16, 2006. BASIS OF APPLICATION: Request for Variances under Section 280-116A, based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning a request for a building permit to amend a plan, for which variances# 6060 and# 6145 were granted to reconstruct the house and to add easterly portions of a foundation less than 100 feet from the top of the bank abutting the Long Island. LWRP TOWN CODE CHAPTER 268 DETERMINATION: The applicant is requesting relief from Chapter 280 (Zoning Code) concerning a dwelling to be constructed on the landward side of the existing unroofed structure (remaining from the recently demolished dwelling). Page 2—September 4, 2008 ZBA#6189—S.Avdoulos CTM 1000-44-1-5 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 structure is sited approximately 19 feet from a wooden bulkhead, and a grassed lawn exists around 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 he will take steps necessary steps recommended in this evaluation. No sprinkler irrigation system shall be installed within close proximity of the bulkhead or area adjacent to the L.I. Sound, since it is a catalyst for erosion and can cause damage to the bulkhead and adjacent area. 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 as proposed, amended from the previous application, is shown on detailed diagrams and site map submitted with this request, in a location landward and southerly of the remains of the former dwelling, (which remains will be used as an unroofed, open patio as-built without excavation or ground disturbance for the patio). A non-turf buffer and dry wells shall be installed to comply with the Town's requirements. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, Page 3—September 4, 2008 ZBA#6189—S.Avdoulos CTM 1000-44-1-5 2008, 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: RELIEF REQUESTED: The applicant seeks a variance to allow reconstruction of a (former dwelling)building. The setback of existing foundation (proposed patio in part) measures 19 feet from the top of the bank at its closest point, as per site map SK-1 dated 4-29-08 prepared by Chorno Associates. ADDITIONAL INFORMATION: A previous variance, #6060, permitted construction of a dwelling 7.5 feet landward of the original house line. A patio is to be built on the seaward side over the existing foundation, which is to be retained. The Town Trustees approved the rebuilding of the demolished house over the existing foundation REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, documentation, and personal inspections, the Board makes the following findings 1. Town Law §267-b(3)(b)(3)(1). Granting the variance permission as applied for will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new plan describes a setback of the house from the top of the bank 10 feet greater than was permitted under the previous variance application. The house will be set 10 feet further back from the bank. An enlarged patio on the existing foundation on the seaward side will replace the portion of the house to be built and moved landward. " 2. ,Town Law §267-b(3)(b)(2). The benefit of a house that conforms with the Trustees' requirements and the variances previously granted cannot be achieved without the permission here sought. 3. Town Law §267-b(3)(b)(3). The variance is not substantial, given the variances previously granted. The house will be rendered less nonconforming as a result of moving the house landward of the former location. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. The pre-existing house predates the regulations. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the 0D Page 4—September 4, 2008 ZBA#6189—S.Avdoulos CTM 1000-44-1-5 neighborhood with conditions. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family dwelling, 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 Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on elevation and site map SK-1 dated 4-29-08 prepared by Chorno Associates. subject to the following CONDITIONS: 1) That a minimum 10 foot wide non-turf buffer be installed along the top of the bluff and permanently maintained. 2) No heavy equipment shall be used on the site within 30 feet of the bluff or around the existing unroofed patio foundation; 3) No sprinkler irrigation system shall be installed within close proximity of the bulkhead or area adjacent to the L.I. Sound 4) The patio (converted with use of existing foundation) shall remain open to the sky; 5) There shall be no ground disturbance or heavy equipment in the area around the existing patio. The above conditions shall also be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other Page 5—September 4, 2008 ZBA#6189—S.Avdoulos CTM 1000-44-1-5 features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Simon and Weisman. Nay: Member Oliva. Absent: Me Dinizi is Resol tion was duly adopted (3-1). GERARD P. GOEHRINGE , CHOkMAN 9/ // /2008 `Approved for Filing TOWN OF SOUTHO D RE C LL, 'IV7L. 'J BUILDING DEPARTMENT SOUTHOLD N. NOTICE OF DISAPPR VAL JUN 1 1 2nng B0gFZD C)r =,s r E A L S ate. tie 08 To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold,NY 11971 Please take notice that your proposed application dated June 10, 2008 For pmt#33677 to amend the plan to reconstruct& add portions of foundation 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 & 6145, for reconstruction of dwelling&replacement of the eastern portion of foundation. Following this amendment,the applicant intends to reconstruct other portions of the foundation& add to the foundation, at approximately 19 ft. from the top of the bluff. (Reference 4/29/08 Chorno Associates Site Plan) Therefore the demolition&reconstruction at this nonconforming 28,149 sq. ft.parcel in the R40 district, is not permitted pursuant to Article YXIII 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 BOArku TOV1►'f� C ' I `'SATE -7 r _._._... _- T u EllIM - Zxz y SUN I ] 2008 REVIEVM) BY ZBA SEE DECISION # . (o f_� lr" DATED /q ... ........ f 24 �7Q1 r L / r _ _ -- t� ��-ems- RE AR - . - -. . AO RI .l 29 r t U0 DATE ;4 �i _ r 3TH w._ OAS_ CP A. s S K ' l .� �� 1 00-44 -01-05 R` �f��'ORT � A. 0I91';--o° t-HORIEIO ASSOCIATES OF C`t1 /��l9/ architects.SOUTHOLD,NEW YORK - A . LOX SURVEY OF � is LAND LOT 15 & THE WESTERLY 1 /2 OF LOT 16 SO UND MAP OF PROPERTY OF W. H . YOUNG AND R . J. GOODALE FILE No. 585 FILED SEPTEMBER 11 , 1929 SITUATED AT S '4��2°0S°, GREENPORT 1'77' £ S 87*250 099 E 6 37. ' TOWN OF SOUTHOLD nf�Ne 7 5.8 SUFFOLK COUNTY, NEW YORK Z ' _ u�N f s GN�A� _ _ _-6 !_ ?0 R�� -- �. 06 --f S.C. TAX No. 1000-44-01 —05 B.B.7.6 1 — .__1 6WO�D e _ — 4- .B.6 —8 n SCALE 1 99 15- STEPS 0 16 JUNE 16, 2006 x 19.p, I 19.3 AREA = 28,149.93 sq. ft. Ell •.,C��W 7:4 BR\CK I oo TOP OF BLUFF (TO TIE LINE) 0.646 qC. OP 510 1 ;p��O(f1 A� z lotiF �� T 2�9 i ZA 4'1 u 'Yt�•\FF Q'�'�)r F.fL•� g.9 �&�_ / P.. 1/2 g�OR A �0 °oax g NOTES: c 0 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM CH\MNE1 y 961z EXISTING ELEVATIONS ARE SHOWN THUS:S•0 19' 343. 6 12.2 oToos TFRos� EXISTING CONTOUR LINES ARE SHOWN THUS: - — — — -5- — — — - x 18.9 pOP ° SSF�4'Oy y FFL. - FIRST FLOOR G.FL. - GARAGE FLOOR 18.1 i�9 8 9 7 } ' �1 `S8 RO B.B. - BOTTOM OF BULKHEAD CoNC• / \/1y ?gRagFqs 2. FLOOD ZONE INFORMATION TAKEN FROM: RFq FLOOD INSURANCE RATE MAP No. 36103CO158 G \ °2 '• \ MgA�Yy ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); "1 . 18.1 x / BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOODPLAIN. i 16.8 `x16.7 4 q x 16.6 r^ CON GARAG�N 1 7.3 / NCE G.FL 1 .4 ."b /P\CK� 2D-W R.AI TEST HOLE DATA 1� NCE 16. APRON" (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MAY 16, 2006) 0• F1 �. ) EL. 15.6' 0' —15 �� / 1 \ •q � <.` ; DARK BROWN LOAM OL IL\• x 14.6 POLE BROWN SILT ML 1 \ n U#5036 N / x '1 , G 7' v \ I \ 1 p• I•.' N . m • BROWN SILTY SAND SM x 1 11 1 �� d•.. O .�O EL. 2.9' •' • 12.7' 1 \\ 1 \ O • • O WATER IN BROWN SILTY SAND SM 1 t" t" Z �,� 1 ro Z WATER IN BROWN SANDY CLAY CL Z ►-. ,y`2., O (^ 1 O \\ � 1 • ', � ram`. �.,'�� ..� buy� 1 "` 1 .� •'• o 's' I \ WATER IN BROWN SILTY SAND SM :' x 22' a x- 15 1 1 _ xx WATER IN BROWN FINE TO MEDIUM SAND SP c I \ m d 26' 15.5x \ � •'�' • 4h x 15 5 / 1 \4 . .d 14.64.0 \ x 1 •d 4,. 6.2� 1 0 CIO W \ 1 \ �15 � \ 1 WEII 'w •�.16•• 1 Pl1 FOUND 1 .9 i PIPE 15.9 7) 6.9 OUNO CONC F Og'S. aC • . \ MON• ' ro �a � FIRE • .\ 1� ��/// .. ••d .: ••�8� OF MENT •• 1� `` x DwE1"�1 WATER) EDGE. PAS. . O L " (USES PUB1� t n Fry� 0 O D`NEB��W,ER) (USES PREPARED IN ACCORD A CIE,-1'�41�Tti-TI4E 4;1,UUM STANDARDS FOR TITLE SURVEYS{4S}ESTABLISHED RECHARGE BA51N TFO ITLE ASH USEION`.1TM W"YORKNSTATE'P[gND� \ N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF Nathan Taft Corwin III SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES THIS SURVEY MAP NOT BEARING Land Surveyor THE LANDD SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 FOX (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 322 ROANOKE AVENUE P.O. Box 1931 ANY,, NOT SHOWN ARE NOT GUARANTEED. AND EASEMENTS OF RECORD, IF RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 N 26-169 I �N I O lt t _MEW FZ-00R N - i z� - - - �; 4N 41 To %v o I , r I � "1l la I `% Nj y F NAL MAP �o REVIEWED BY ZBA - : ' WE DECISION # l-kl I= � o. RE A AVDOULOS R ESlDE O' E DATE: 3.30•08 �� C,�- 8' rho y% Lr;Q o:_4 54985 NORTH ROAD ' - _._. .. •� GR EE�I�PO�RT �l� - A-1 9�F o�s�5�'•yo _.. •� 1, t- - N C f-- 7 ._.... CHORNO ASSOCIATES • architects. SOUTHOLD,NEW YORK APPLICATION TO THE SOUTHOLD TOWN BO OF Ag ym) ee::Notes: Filed By: Date Assigned/Assignment o. ; 2008 ffic 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 WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 10, AP 2008 BASED ON M June 16",2006 survey and cross section approved by Trustees on 5-27-08 rA Lf Applicant(s)/Owner(s): Spero Avdoulos Mailing Address: 160-12 11"Avenue,Beechhurst,NY 11357 Telephone: 212-344-0600 Fax#: Email: pcmoorel.6 o tonline.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 Esg. for(X) Owner,or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: Rcmoorel@,optonline.net Please check box to speck 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 March 22,2007, 2007 and DENIED AN APPLICATION DATED April 30 2007 FOR: E Building Permit ❑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: I(� E A Variance to the Zoning Code or Zoning Map. G �� D ❑A Variance due to lack of access required by New York Tow Law- ec ion ❑Interpretation of the Town Code,Article Se-tion ❑Reversal or Other A prior appeal S has, ❑has not been made at any time with respect to thi 12rovertv.UNDER A peal No.Year_(Please be sure to research before completing this question or call ou f� for ss stanet;��Al-S August 2007#6060 April 2008#6145 Name of Owner: Spyro Avdoulos ZBA File# O REASONS FOR APPEAL(additional sheets may be used with preuarer'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: A previous variance was granted retaining the existing foundation and the house reconstructed on the foundation 7.5 feet. This approval obtained a building permit,thereafter the building inspector stopped the job alleging that the reconstruction exceeded the scope of the permit. This plan was resubmitted to the Trustees which refused to permit the plan to continue and required the owner to reconstruct the house,on the existing foundation,10 feet further back for a total setback of 17.5. The drawings reflect the 18'setback on the existing foundation. The existing foundation continues to be a full basement with an 18'slab top as the continuation of the patio. The ZBA approved a patio which was 7.5 feet and due to the relocation of the house towards the street the patio is 18'. As previously stated in the hearing testimony in appeal#6060 and appeal#6145 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 were on the Coastal Erosion Hazard line. In an effort to follow the policies of LWRP,the Trustees and ZBA the portion of the house which extended over the Coastal Erosion Hazard Area up to a structural beam was removed a new north first floor wall was proposed to be constructed over the existing full basement foundation. These plans had to be changed due to the Trustees second permit. As was previously approved,the existing foundation is retained and converted to patio. The owner re-designed the 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). As was previously approved the second floor was to be reconstructed and made a full second floor space. The relocation of the house requires the owner to incur architectural fees so he expanded on the landward side 5 feet out. 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 modify the living space on the first floor. The additions to the first floor and second floor are on the landward side of house. We obtained a variance to replace a foundation wall. We have implemented. The Trustees required a non-turf buffer and dry wells which continue to be incorporated into the plan. (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: We had a building permit,this building.permit was stopped. We resolved the dispute with the Trustees by moving the reconstructed house back on the existing foundation. The foundation was approved in appeal #6060 and appeal#6145. Now the revisions retain the foundation and reduces the nonconforming 0 setback to the bluff from the originally approved plan to the Trustees approved plan. Any deviation from the Trustees approved plan will continue the endless permit review. This ping-pong effect can be avoided by the application of 280-116(A)(3)Buildings or structures which are landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection A(1)and(2)hereof. The ZBA approves plan A which is closer to the bluff,the Trustees approve plan B which is further away from the bluff,therefore reducing the nonconformity upon which the variance was granted,the more restrictive setbackwill control. This interpretation would eliminate the endless review of inconsistent plans. (3) The amount of relief requested is not substantial because: The house is made more conforming from the original approved variance. Rather than 7.5 feet on the existing foundation we are at 18 feet on the existing foundation. The patio was 7.5 now it is 18. The foundation basement has not changed. The reconstructed house is more conforming because it is further away from the Coastal Erosion Hazard Area. In order to comply with side yard setbacks the second floor is 15 feet from the side yard. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The revised plan pushes the house towards the road,the basement is retained as previously approved.As has previously been determined, the bluff is stable . Retaining the foundation enables the owner to minimize activity on the seaward side of the house except converting the foundation into patio and steps down(as previously approved by ZBA). (5) Has the alleged difficulty been self-created? ( )Yes,or (X )No The existing house predates regulations. 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. Are there Covenants and Restrictions concerning this land: r No. Yes(please furnish copy). Except standard Trustees permit conditions of non-turf buffer and dry-wells. 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 ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to suit your torney.) ature of Appellant or Authorized Agent _ (Agent must submit written Authorization from Owner) Sworn to before me this day of JAL ,20 d KM A,PEAKIN9 1 � "I,� VlV ED %"V Public.State of New YprM NO.O a P,k� tn Suffolk to uffffolk dk C C ounty cOnxnlasion Ejoree July i -V TnT71 I additional sheet: "When a variance is granted, the use permitted becomes a conforming use."Rathkopf further states "the effect of a variance is to give a landowner a license or permit to use his property in a manner otherwise violative of the zoning ordinance..", Rathkopf's Law on Zoning & Planning, chapter 58:23 The Zoning Board granted in the first variance the setback to the bluff which retained the foundation and reconstructed the house on the existing foundation 7.5 feet back from the original existing house line. (Appeal #6060) Thereafter the ZBA granted reconstruction of the foundation wall (appeal#6145) . The reconstructed house on the foundation is moving towards the road and becoming more conforming. The foundation is an existing structure which is retained. The addition, approved on the landward side of the foundation, has changed due to the loss of the square footage on the seaward side which required redesign. Nevertheless the structure proposed is landward of the existing foundation which received a variance and a building permit. Therefore, the addition on the landward side of the house is not increasing the nonconformity. This application of 280-116 ( C) , in the case where a variance is granted from the top of the bluff, would prevent the repeat variances caused by design changes and modifications as a result of Trustee's action. JUN 11 2008 BA�L 4aF APPEALS 08/26/2008 15:52 FAX 631 765 4643 MOORE LAW OFFICES ZBA [in001 I I PATRICIA C. MOORE �CC�GUMCD Attorney at Law ' 51020 Main Road Southold, New York 11971 AUG 2 6 2008 Tel: (631) 765-4330 Fax: (631) 765-4643 Secretaries August 25, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Spyro vdoulos 54985 North Road, Greenport 1000-4 - - Dear Chairman and Board members: In accordance with our discussion at the hearing, it is my I LWRP coordinator has referred to the understanding that the d March 26, 2008 . Similarly, previous LWRP recommendation date ask that you please incorporate previously conditioned best management practices as well as my response dated March 27, 2008 and the prior hearings on this property into your decision. I The Board has considered in previous appeals the following facts in reaching their decision to approve applicant' s request:. The property contains a bulkhead and Jetty which presently provides protection from loss of life, loss of structure, flooding or erosion. The existing residence was constructed in the 60' s with no evidence of loss and the slope of the bank is stable and is described as a 25% slope. The re-submission to the Board to construct further back on the existing foundation and new foundation landward of the existing foundation is consistent with the findings originally made by this board on August 16, 2007 (first appeal) . The original plan was designed to maximize the distance to the Coastal Erosion Hazard line. This proposal retains this objective. The living space reconstructed on the existing foundation has 08/26/2008 15:53 FAX 631 765 4643 MOORE LAW OFFICES ZBA U002 been increased from seven feet to 18 feet back. This plan was undertaken primarily to comply with the Coastal Erosion Hazard Law and policies of the LWRP, and to address the Trustee' s concerns . 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 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. This appeal further pushes the new construction away from the Long island Sound. 2 . The existing sanitary is being replaced with a sanitary which was located more than 100 feet from the top of the bank. The construction and relocation of the new sanitary makes this j application "more consistent" with the LWRP because it addresses policy 5 "protection of the water quality and supply of the Town" j and policy 6 "protect and restore the quality and function of the Town of Southold' s ecosystem" . The sanitary plan remains a minimum of 100 feet from the top of the bank. j 3 . The alterations to the dwelling required dry wells and gutters j for all roof runoff, therefore this application is "more consistent" with the LWRP at policy 4 "minimize loss of life, j structures, and natural resources from flooding and erosion" , I 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" 4 . This alteration to the dwelling required a nonturf buffer to capture surface water runoff before running down the bank, this condition makes the project "more consistent" with the LWRP at policy 4 "minimize loss of life, structures, and natural resources from flooding and erosion" , policy 5 "protection of the water I quality and supply of the Town" and policy 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 will bring the 08/26/2008.15:53 FAX 631 765 4643 MOORE LAW OFFICES ZBA IA 003 entire house into conformity with the New York State Building Code. 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 revised plan does not materially change the overall project, the proposed plan is consistent with policy 4 "minimizing loss of human life" . At the time the Board granted the original approval in August 2007 the LWRP was in place, policies were addressed and mitigation I implemented to make the proposed dwelling "more consistent" . 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 policy' s of the LWRP. I V y tru yours, i I P icia C. Moore I i PCM/mr E--nncls. i e PATRICIA C. MOORE Attorney at Law 51020 Main Road JUN 1 �oog Southold, New York 11971 Tel: (631) 765-4330 �A,Fax: (631) 765-4643 F.�E t '.r) `-'' ' � t"S argaret Rutkowski Betsey Perkins Secretaries June 11, 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 Dear Chairman and Board members : We respectfully request your immediate attention and my client begs that you squeezing us on the June calender. This third application to your board for a variance from top of bluff results when one Board affects the approvals granted by another Board. This regulatory process has resulted in extreme personal and financial hardship to the client . The Trustees approved a permit to reconstruct over the existing foundation and new landward addition. However, the house (first and second floor) was pushed on the foundation an additional 10 feet away from the top of the bluff, making the total setback from the top of the bluff for the reconstruction over the existing foundation 18 feet . This push caused the house to move toward the road (landward of the existing foundation and therefore more conforming) . I am in receipt of your letter directing us back due to the changed footprint. The 15 foot side yard setbacks requires the owner to redesign the landward portion of the house (all new architectural plans) The construction plans of the project approved twice by your Board are unusable, we ask you to review this application without elevations . I have submitted a full application with the Trustees, approved plan and foundation plan. The variance remains "setback from the top of the bank" and the foundation and basement remain in place, 0)7 the house pushes back and the foundation becomes a larger patio (slab over basement) . The volumes of the house are toward the road with conforming side yard setbacks not toward the bluff . The contractor is staking the corners of the house late today or tomorrow and I will submit them as soon as it is done. If you have any questions or need anything please do not hesitate to contact me. V my yours, ricia C. Moore PCM/mr Encls . 4. PATRICIA C. MOORE Attorney at Law EC E R+��- 51020 Main Road Southold, New York 11971 JU N 5 - 2008 l Tel: (631) 765-4330 Fax: (631) 765-4643 �.S Betsey Perkins Secretaries June 4 , 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 & #6145 Dear Chairman and Board members : We have submitted a new plan for the reconstruction of the house. The Trustees denied approval for the plan approved by you in appeal #6060 and ##6145, therefore we were obligated to change our plan. The Trustees approved the reconstructed house, on the foundation, further back. (Drawing enclosed as approved by Trustees) . This relocation of the house on the foundation required the owner to redesign the front (road side) of the house: we pushed back 10 feet of the house and lost 305 square feet and the nonconforming preexisting width. The redesigned new addition is narrower to keep the addition with a conforming side yard (15 feet) , redesigned to avoid a side yard variance . The redesigned landward addition is 446 square feet (a net gain of 141 square feet) . In accordance with decision #6145 , the Board reserved the right to "substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity" As you recall the ZBA approved the house closer to the bluff (#6060) and the new foundation for the same house (#6145) ( both enclosed for your convenience) . Both plans included an addition with new construction "landward of the existing foundation" . Because the entire house is within 100 feet of the top of the bluff the building inspector has asked that this plan, as approved by the Trustees, be reviewed and approved by the Board. The Building Inspector has informed me that he can not issue the amended permit because the plan differs from the plan the ZBA approved. We ask for your assistance to resolve the discrepancy between your approval and the Trustees approval . This project continues stopped until the building inspector approves the revised plan. V ly yours, atricia C. Moore PCM/mr cc : Mr. Avdoulos Encls . TOWN OF OF SOUTHOLD �� BUILDING PERMIT APPLICATION CHECKLIST _is__ ,....��:.....' _..�_.-_. �... } ;� ; BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL ® :�J `i .,� Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 ' L_•. _`,..; Planning Board approval FAX: 631 765-9502 •'21 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined 20 Storm-Water Assessment Form Contact: Approved 20 Mail to: Disapproved a/c p Phone: ��Jam' Y2,c 6 Expiration -,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date �f lid , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing, the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) D 7-,9 MCu.4- ZW 4 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises 51,19 y rC;1 /4 do u/y s (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. scc Plumbers License No. aA s Electricians License No. Other Trade's License No. � ,o � 1. Location of land on which propg!ed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section 7 Block a•,; ,�� Lot OS� Subdivision Filed 1V r 2: '`'" : 1`4 Lot State existing use and occupancy of premises and intended use and 9c, cupancy of proposed construction: Existing use and occupancy Intended use and occupancy 3� Nature of work(check which applicable): New Building�(� G °'`J Addition Alteration Repair Removal X Demolition Other Work (Description) Estimated Cost 5`Da, 04� Fee (To be paid on filing this application) 9 If dwelling, number of dwelling units Number of dwelling units on each floor / If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14.Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X' NO • IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES -C NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF arc&y`- being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (C tractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn t efore me this day of .J 20 aIP- ota ublicsy�PERKIN9 Signature of Applicant ry famwy Public,state of Now yak No.01 PE 6130W Ouaueed In Suffolk Camlr� v�,Q Convrysaon t.xplree:Cvly t FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25569 Z Date FEBRUARY 26, 1999 Permission is hereby granted to: SPYROS AVDOULOS .160-12 11TH AVE WHITESTONE,NY 11357 for DEMOLITION OF EXISTING GARAGE. DISCONNECT ALL UTILITIES PRIOR TO DEMO. at premises located at 54985 CR 48 GREENPORT County Tax Map No. 473889 Section 044 Block 0001 Lot No. 005 pursuant to application dated SEPTEMBER 21 1998 and approved by the Building Inspector. Fee $ 31.00 ZZ ffi Authorized Signatu ORIGINAL Rev. 2/19/98 as ITLE NO. L 29-9-Co77--6 ' EAi MUM A'=allBM AZ E7RUCMM; mmmwuv rmw W1�NOvafaaTt�yeGMAXMa rpµ/C/ TWOF MORDOOMMOIOWNRENEONFROY F StArM. -co fEMA aW PROMM aee nuuioes um Um nKr w m i>�i 36O B/3 Cb7(o E .M NOT IN a m ETDID Ta aOnow THE ovEw i ` as To SIDE➢@ BIF31ON OF I iOm OTM (O 42Wi £m aTaNrOfvaw oa urr omEN s�IAND vaovEe G F '1 uaNr. Y Q ICA,ti,)448- OTC 8 no* � 8 ��40/ �� bcotn P/0 X � a.,s P1/.r0 f o�� W4 r\m a i 1 V L CD 14'7 a Nrm� 6 //.Y✓. H p OD cJ �'° L9Z'- �RptE 0• ' �• 5 Maa' aka, �061 a N E�/lo.k9 L}35'S rp o C b1 N / S 4fO� •" �d�ir� �o �yao _Di 5 3B9gll W p9S 4 w a � I / ,c.......>, `ii °s Sa9B5m n �,affot" ri .a' _ �_ N 14e •S 19rofti' I*'' �� a \� O i ,'. 3Tal.•• •N'a aNPry. �•1 j7y.4--gc' a w p I -2 U ai tlq s o'e' eclea Q o 'o Q. ��"`� ! M�465'�6 rMA) MAP OF SURVEY PROPERTY OF W.H.N�OUNG AND R.J.PART OF LOT I GOODALE NE-NAr ) / I v iz QG�g.42 LOT 1 FILED SEPTEMBER Il. 1929 FILE NO. 585 0 - SI TUATED AT SOUTHOLD. TOWN OF SOUTHOLD. SUFFOLK COUNTY. NEW GUARANTEED T0: SPYRO AVOULOS AND MARGARETA AVOULOS ® COMMONWEALTH LAND TITLE INSURANCE COMPANY 0 0 %4 d 0 F&= A oATA AVPC0 I ✓AN. a 1/994 m G46YA7.1oA49 .4DgEo:.4ucus7-/5/998 3 SURVEYED AUGUST 22. /997 HARRY P.• HILLEBRAND c' SUFFOLK COUNTY TAX MAP y�A2 LAND SURVEYOR DISTRICT SECTION BLOCK LOT SCALE - 1' - 50' ll CHURCHILL LANE - SMITHTOWN. NEW° o /000 44 1 5 NGVO /927 DATL/M TEL. (5I6) 543-5139 P/�E 97i&9 z i James F.King,President �'V'sa ��? Town Hall Jill M.Doherty,Vice-President � 53095 Route 25 Peggy A.Dickerson P.O.BOX 1179 g I N' Southold, New York 11971-0959 Dave Bergen sag � Bob Ghosio,Jr. Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 21, 2008 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: SPYRO & MARGARITA AVDOULOS 54985 NORTH RD., GREENPORT SCTM#44-1-5 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 21, 2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of SPYRO & MARGARITA AVDOULOS applied to the Southold Town Board of Trustees for permits under the provisions of Chapter 275 of the Southold Town Code the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated April 30, 2008, and, WHEREAS, said applications were referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells in accordance with Chapter 236 of the Town Code, Stormwater Management, a line of staked hay bales and silt fence installed along the top of bluff prior to construction activities, a 10' non-turf buffer landward of the top of the bluff, and the condition the patio remains a patio with no future applications to enclose, and, a� e 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said applications on May 21, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning these applications, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, and, WHEREAS; the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the applications of SPYRO & MARGARITA AVDOULOS to demolish the dwelling including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' original setback and 10' over basement—total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located, and all with the condition gutters and drywells are installed in accordance with Chapter 236 of the Town Code, Stormwater Management, a 10' non-turf buffer is installed along the top of the bluff, a line of staked hay bales and silt fence are installed along the top of the bluff prior to construction activities, and the patio remains as a patio with no future applications to enclose, and as depicted on the plans prepared by Chorno Assoc. last dated May 22, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, ploard `�� 'Doherty, Vice-Pre 'dent of Trustees JMD:Ims 1 - i syf NOW BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 6862 DATE: MAY 21, 2008 ISSUED TO: SPYRO & MARGARITA AVDOULOS PROPERTY ADDRESS: 54985 MAIN RD., GREENPORT � 1 SCTM#44-1-5 , AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter I I I of the Town Code of the Town of i Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 21,2008 in consideration of application fee in the sum of$500.00 paid by Spero&Margarita Avdoulos an subject to the'Perms and Conditions as stated in`the Resolution,the Southold Town Board of Trustees authorize and permits the following: a" Wetland Permit and Coastal Erosion Permit to demolish the dwelling including a I -�. '.; walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling �. over existing foundation (7.5' original setback and 10' over,basement—total 17.5')to chimney. Construct addition landward of existing foundation.Reconstruct foundation o east side and alterations of existing foundation where chimney was located, and all with the condition gutters and drywells are installed in accordance with Chapter 236 of the Town Code,S.tormwater Management, a.10' non-turf buffer is installed along the top of the bluff, a line of staked hay bales ands silt fence are installed along the top of the bluff prior to construction activities, and the patio remains as a patio with no future applications to enclose, and as depicted on the plans prepared by Chorno Assoc. last dat May 22,2008. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ,. i� odUOl�-C© i1 oCIO _ ^ 3 9 1 1 x F. King—NAY a � s � , c James F.King,President Aff U'T Town Hall Jill M.Doherty,Vice-President � 4° 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson 1 . S Southold,New York 11971-0959 Dave Bergen Bob Ghosio,Jr. y� Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#6862C Date: May 21, 2008 SCTM#44-1-5 Name of Applicant/Agent: Patricia C. Moore, Esq. Name of Permittee: Spyro & Margaret Avdoulos Address of Permittee: 54985 North Rd., Greenport Property Located: 54985 North Rd., Greenport DESCRIPTION OF ACTIVITY: To demolish the dwelling including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' original setback and 10' over basement—total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located. SPECIAL CONDITIONS: Gutters and drywells are installed in accordance with Chapter 236 of the Town Code, Stormwater Management, a 10' non-turf buffer is installed along the top of the bluff, a line of staked hay bales and silt fence are installed along the top of the bluff prior to construction activities, and the patio remains as a patio with no future applications to enclose. The Coastal Erosion Management Permit allows for the operations as indicated on the plans prepared by Chorno Assoc. last dated May 22, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. f M. Doherty, Vice- esident oard of Trustees J 7JMD:Ims COUNTY OF SUFFOLK f c STEVE LEVY �, SUFFOLK COUNTY EXECUTIVE JUL 3 QQQ(J THOMAS ISLES?AI�P DEPARTMENT OF PLANNING ZONfNG DIRECTOR OF PLANNING June 24, 2008 BO'4Rp OF APPBA�S 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) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Bfoadwaters LLC 6186 Stork 6187 Manfredi 6188 Avdoulous 6189 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION (3 MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 APPEALS BOARD MEMBERS l -' *rjF SO Mailing Address: Gerard R Goehringer, Chairman hp� �- 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 �y'rou I,N 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 June 11, 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. 6189 (AVDOULOS) Dear Mark: We have received an application based on a June 10, 2008,Notice of Disapproval concerning further changes for new portions of the foundation areas/new single family dwelling on North Road, in Greenport, and shown on the enclosed site map. Copies of the Notice of Disapproval, the new Trustees Permit dated May 21, 2008, revised LWRP form and current photos 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 Chairman ,� B ��`"� APPEALS BOARD MEMBERS '— , �pF SO(/ly Mailing Address: Gerard P. Goehringer, Chairman �p`� �l0 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 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �y�OUM`I,�c� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809•Fax(631)765-9064 June 11, 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 #6189 Owner/Applicant: AVDOULOS Action Requested: Sound Bluff/Bank Setback (new dwelling) 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. 3� APPLICANT'S PROJECT DESCRIPTION FrJ-ALS (For ZBA Reference) Applicant:_Spyro Avdoulos Date Prepared: June 10, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: all structure retain foundation II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: house starts at 18' from seaward end of foundation (23' on existing foundation+25' landward of existing foundation) 48'total length x 31.3 width+3 wide portion Dimensions of new second floor:_31.3'width x 48' (over first story) Dimensions of floor above second level: none Height(from finished ground to top of ridge): same as previous variance 31' Is basement or lowest floor area being constructed? Existing full basement and crawl space retained, new crawl space over new portion, 10' of basement and 8' of existing foundation walls (slab for patio over part of basement) If yes,please provide height(above ground) measured from natural existing grade to first floor: T 3" 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: new addition landward of existing 31' x 25' (house moved forward 10' 6" and 14' 6" toward road first& second floor moved toward road)new design is 4' 6" on landward side of house V. Number of Floors and Changes WITH Alterations: two IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: _Existing- foundation of existinghouse ouse 1,214 aft. + Garage: 467 square feet=total 1,681 sq.ft. Proposed increase of building coverage: addition 31' x 25' beyond existing foundation (775 sq.ft.)with covered entrance 98 sq.ft..= 873 sq.ft total increase. Square footage of your lot: 28,149.93_less approx. unbuildable 2,560_ Percentage of coverage of your lot by building area: Total existing &proposed 2,456/25,589 lot coverage=9% V. Purpose of New Construction Requested: reconstruction of house over existing foundation D with new construction on landward side of foundation. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _flat adjacent to Long Island Sound 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 J U N 1 1 200� LWRP CONSISTENCY ASSESSMENT FORM JUN 1 A. INSTRUCTIONS � , _�3 S -C,opTK OFP,-, 1. All applicants for permits* including Town of Southold agencies, shall c mplete tfiis - for 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` 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 to conform to Wetland Permit 33 '_. Nature and extent of action: Permits previously issued: Building inspector requires previously issued ZBA variance to be amended to conform to Trustees 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 reconstruction on the existing foundation is landward of the previous variance. Reconstruction 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. Addition is landward of the existing foundation licy 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 sanitarysystem 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 sanitary system 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. 3� 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 County 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 36 Peconic Estuary and Town waters. See UAW 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 activi , 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. Drywells and gutters are proposed, and filtration and haybales 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 1 QUESTIONNAIRE i FOR FILING WITH YOUR Z.B.A.APPLICATION JUN OWNER: Spero Avdoulos 2OO$ I CTM: 1000-44-01-05 A. Is the subject premises listed on the real estate market for sale? - "';-PEALS 0 Yes E No B. Are there any proposals to change or alter land contours? E No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? Yes 2)Are these areas shown on the map submitted with this application? ems 3)Is the property bulkheaded between the wetlands area and the upland building area? yes 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? _yes Please confirm status of your inquiry or application with the Trustees: ZBA variance to conform to Trustees permit and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? bluff bulkhead E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? stopped If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: same as appeal 6060&6145 . G. Do you or any co-owner also own other land close to this parcel? no 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 residence and proposed use (examples: existing: single-family; proposed: same with garage or pool,or other description.) uthorized'Signature and Date 2/05; 1/0'7_ IS APPEALS BOARD MEMBERS', �QF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� �l0 Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • 0 Office Location: Michael A. Simon 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOUNTY,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net rz� I ZONING BOARD OF APPEALS Q/ TOWN OF SOUTHOLD P Tel. (631)765-1809•Fax(631)765-9064 1 September 1 Z, 2008 Mr. Spyro Avdoulos 160-12 11th Avenue Beechhurst, NY 11357 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6189 -Application by Mr. Spyro Avdoulos (Variances) Dear Mr. Avdoulos and Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the September 4, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Linda Kowalski Encl. dug ffice Location: O�OSVfFO(�CO USPS Mailing Address: G Town Annex/First Floor,North Fork Bank C* y� 53095 Main Road 54375 Main Road(at Youngs Avenue) 02 2 P.O. Box 1179 Southold,NY 11971 py� �� Southold, NY 11971-0959. O http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 6, 2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11.971 Re: Letter— Changes in Construction at CTM 1000-44-1-5 (Avdoulos) Dear Ms. Moore: We are in receipt of your letter dated June.4, 2008 concerning proposed construction changes. Your letter explains new. areas in the proposed redesign, which will be for conformity with the code on a side yard, although the other changes are proposed within 100 feet of the L.I. Sound which were not part of the prior appeal applications (issued during 2007 and in 2008). Your letter also states that the Building Inspector will require ZBA approval because the amended plan differs from the previous plans approved by the ZBA. Based on the above, the only procedure permitted by code for relief by the ZBA for the requested amendments would be. to follow the same appeal procedure that was followed under the first appeal, based on a determination of the Building Inspector in writing. Thank you. y� y truly your , % erar Goehringer Chairman ELIZABETH A.NEVILLE rV SDUTy� 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 0 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER lij'`+oum southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 13, 2008 RE: Zoning Appeal No. 6189 Transmitted herewith is Zoning Appeals No. 6189 of Spero Avdoulos-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Transactional Disclosure Form, Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, 2 Page Letter from Patricia Moore Explaining Changes to Construction,Notice of Disapproval From Building Department Dated June 10, 2008,Notice from Board of Trustees Dated May 21, 2008 with Wetland Permit& Coastal Erosion Permit,Notice from Board of Appeals Dated June 6, 2008 Explaining Relief Must be Sort from ZBA, Authorization Letter from Spyro Avdoulos to Patricia Moore, Esq. to Represent him in this Matter, Building Permit#25569 to Demolish Existing Garage Dated 2/26/1999, 3 Photos of Property as on 6/11/08, 2 Pages of Property Record Card, Site Plans Showing Original House,New House Approved &Proposed New House with Cross Sections Prepared by Chorno Associated Revised 5/22/08, Survey of Property Dated June 16, 2006 Prepared by Nathan Taft Corwin III, Land Surveyor, Drawing of Foundation Showing Existing&Proposed Crawl Spaces &Basement Dated 5/30/08 Prepared by Chorno Associates. yl� Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/12/08 Receipt#: 21712 Transaction(s): Reference Subtotal 1 1 Application Fees 6189 $400.00 Check#: 7012 Total Paid: $400.00 Name: Avdoulos, Spyro 160-12 11th Avenue Beechurst, NY 11357 Clerk ID: CAROLH Internal ID:6189 E ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/ 11 /08 ZBA# NAME CHECK# AMOUNT TC DATE STAMP RECEIVE® 6189 AVDOULOS, Spyro 7012 $400.00 JUN 1 2 2v $400.00 By Thank you. TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. I'J K"Yo A vc o V/d 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 �ECC LL ='D *Other Approval or Exemption J U N I ", 9nr q, from plat or official map Change of Zone Tax Grievance ,�'OARI *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 c-�/ day of �a Signature: Print Name: y� P/ oc//cis _0T Signatu Print Name: Patricia C. Moore Esq.. Spyro Avdoulos December 13, 2006 Patricia C. Moore,Esq. 51020 Main Road Southold,NY 11971 JUN 1 1 2008 Dear Ms. Moore: OF APPEALS I, Spyro Avdoulos, as owner of premises J�`�9 �' �,�1/o,-�y,( � (1000-44-1-5) orf- hereby authorize you to make any and all applications to the Town of Southold Zoning Board o� 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 y f SPYRO AVDOULOS APPEALS BOARD MEMBER`, _ ��F S0 Mailing Address: Gerard P. Goehringer, Chairman �p� �� 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 'O ^�� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOUNN,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,AUGUST 21, 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, AUGUST 21, 2008: 1:40 P.M. SPYRO AVDOULOS #6189. Request for a Variance under Section 280-116A(1) based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning a proposed amendment to plan for a new dwelling at less than the code-required 100 foot minimum from the top of the bluff or bank of the Long Island Sound, at 54985 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: July 28, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #8950 STATE OF NEW YORK) ( ) SS: U 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 each week for 1 week(s), successively, commencing on the 7th day of August, 2008. Principal Clerk Q'A2008 Sworn to before me this day of tLotol �il et ISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK- No. 01-V06105050 euallfled In Suffolk County My Commission Expires February 28, 2012 — — —^ Inance or increases the degree or restore the day ( ochon of any Lconformance with regard to the building damaged �.`estroyed`as set roar yard setback at;less than the code- forth in Subsection B(1)-above shah,b requited 33 feet at 390 Colonial Road,: filed within one.year of th'e date gfsugh: Southold CT1V179 6 29 damage and shall be accompanied by. 10 251 m THOMAS ZOIT 1S#6191 plans fgrrecoristiuction which as to such Request for a Vanance under'Sechon portion; hall comply with,the require 280=15 62sed on the"Building• le Inspec meets set forth above If spch permit.4s' tor's June 12 2008 N&kdL f Disapproval issued;it shall lapse one year thernuteii concerning a proposed swimming PggL, unless reconstruction m accordance with in a.yard other than.the code required: . the approved plans has Been initiated :. rear:;yard or front yard,at 6255-Route 3)?lternahvely,Vanance$ based`orr' 48 (property.:adlacentao Long;Island the Building Inspector :November':8, Sound),Greeiport CTIGI40 1�7 2007,.Notice of"Disapproval undeY Sic: 10 55 a m OANN WALKER;#6193 tioh 28b 121A gird ecfrgn �Ob 3A, %Request for a Vanance under n S Sectio „ denied for the reasons that the g.3 28015 basedrntheBpildmgInspector's .sory cottage use1. is nonconformingtani: Jnne13ZOOffNbhceofDrsappi6valcgn cons titutesszi secondidwelluig unit aid;cerning a proposed accessoryswunming as such'may not'be enlarged altecec( pool structure itr a yard:other tFiari the extetidrid;xebbnstructed orsrestored,fo> code=iequ>red'.iear.yard°(orfro`ht:y2rd� placed onadifferent.porCioiF;ditheaoC:: at 290 Town Harbor 3errace,Southold, ::nor shaIlaany exfernaf evidence of suet CTM 66)33(adlacent to Little Peconrc use be increased 6y any means whatso, O gym' SE 4N GIt-EANi 0#se re eel o g } 1 Ifegirest for a Vanance°under,Section CIdA�L and STJSAJEFFS � ,.2Sa 15, based on the >#tiilding Iri"spec `Variance under S`ecclon :0 1i6A for s June 4,2008 Nohcd of Disapproval based an app, s frhng o1 a build � concerning ca$t a proposed accessory garage permit a aijig E 7 � exceeding 20 ft. in heightwith a s etdryspPlrc ton and the Building In osed,setback'at less tlaat20fe'etfrom 3ralal'corYcernin 008No�tice Lfbr(.F SD(1OLI�TOWbI; P r theproperty., pr°pas�d 2ceesSory OARD-OF A►JPpEALS Soutold CM 70 1 t6 6 o Apple Courf, f id rouncLsttninfid g'tibdl�gn2l' €taining, 'AUGIfST 21 21108 w Ill ;less than l'd eet fYr n jh $UBLIC HEARINGS 105 p m ELIGENIA LAIl1BI1IS # o the bluff adlacem toe Bloc �Is7and: 6195 }2e uesY for a S eoial Exee Lon risE'R $ �GNE1V, ur q P P Soudy East End`R6ad,pishers Island; , snaSet tron6tle �wn haw add undei .Section 280 13B''to establisH an CTM 1 211 a E "Ioiyn�CodeChate2$12oning)Town _ AcceYsrory Apart in this l� 2 30 P.ni Reserved for i arryover = .45otitlrotd,thye following pub9ic hear famtl flwelhn ,with owner occupancy WILLIAM=and JOANNE ill s evil Fie xlield1by the SOUTt' OJ . I°zs,.¢n oPPro... 235'Captam I rdd r #6152 Variailtes under Secttong 8�15) :, TOWF ZOTEIING sD'AD pp`Ap Drive 1 of#192;Map of.Captalii Kidd 280 111r 280 12gi based on theiEiuilding` $E1E p the mown I11,530p51v1ain Estates;Block 15 situated at Mathtuck Inspector m s amended Iv1ay6;27f0$Notice.k2oad I'O t3ox 1 CTIVIk106 5 4 17 tSou{thold: ISTew of:Disappn7val for a dwellrng; 7vimming. F iJ97+10959 an 1r�SDy$A 140 p SPyjtO f;4Vj70ULOS pSal and shed constiuctran at (3)1ess.' GUST�1 2008 r #61-" Regtresf?fora Vanance under than 100 feet fcom,the to Section.2801;16 4(1)based on the Build adjacent to the t I Sound(2)less,chaa 930 a m .2000 BROADWA�ERS k x LItCk 6186 Request for a Vanance tin mgKInspectot sJune0 2QOS:Natrce.of the code required minimum 15 ft`side der Sechon 2$0124 based on the 1#uild Disapproval concerning ,a proposed }�azd'(new dwellm amendrtient to I71ah for a new dwetlin tionandsetbilclCatles§than40feetftonj. ing Inspector's May 1Z 2b08 Notice o£ g Disapproval concernm .a proposed qew aAUTUmumafrome`the to equued 100.foot the ftontyaid ue(swrmnt>fig pool.. dwelhng with a setback:at less than the p of•!the buff,or and shed)land(4)doPe., e.,S3 agG;,in excess code requued.35 feet from.the front dank of the Long:Island Sound at 54985 bf=the code lumtarion of 2�1:;:(aIItcon toff line (afterdemohshin the raustin North R9ad Greenport CTIvI44 1 5:= striicfton) I oration.54005Vorth l26ac builder at 2000 Broadwaters Road, b0 g) pm LIAOLITJ Sand KEVIN Southold CTM 52 110 and1(combined Cutchagt>e CTM194r9{12 FERRO.#6129 as Amended Location as one) >+a 9 d0 a m RbNALD`> ei�IVfA°RI of Property 300 Jackson Street New 2 45 p m IvIICHAEI ANASEYGASTI � iGAILAGEiElt'#6gSl I2ec(uest pup° » ll?102 �heApplicants &.OTHERS#619012equestforVanano for asVanattce underSecfiorrs28"1'2and rro ose zc enavattons/alterations 2d es Under Sei noes 280$IS anti Z$0�124, 280?1�ifa,based ari,tlt'e�Bntldmg'Tiisllec ons� and rexpanston of flie existug based on theBuildin Ins ectoY s Ma for sAprd:9 20081otiCe bt�isapproual accessory cottage building and iri Yhis 6,2008 Notige of D1.>sappra al concern- se canbt'smhg{proposed ?Idrfin(s)`and oppd� (as amended) regpest the fol ing,.an `as tsgrlt tdeele:.addition::to:tlie. alterahonsrtoanexisnngnonconfonnm g ;` davelhng which,constichonrslessthari accessory cottage The>easons stated g 1)'Reversalgfthel,uildmglnspector's 50:feeY from the rear lot tine and which." the Bwldingilnspector s•Notice o1.f Dist ovembec 8 2002Nohce of Disapproval h3§cadsed tfie existing accessory build approval are7ie building shall riot be which states that the accessory cottage mg`to be m a yard other than the code enlarged altered extended reconstruct I.Xuse is nohcanfarming and constitutes required rearyard at:34�Pnvate Road, ed orrestared or.replaced:on a different a second r,dryelhng,unit citing Sectton Southold Cll i 7gfl,940.., t portion of the lot or parcel of land`own 280 121A}which provision states Siicli 300 pm. }2eserve'd.for Carryover: pied bysuch use': nor shall any external nonconforming use..of builduigs may",, : PIIIE NEC evidence of sudhuse be iri`creased,by any be cpntinped indefinitely except that ance for deck ddDihoDn o the dwel mat means:whatsoever and 2 One family such building or use',(q y shall not be en= less,than 75 feet from'the bulkhead;'at detached dwellings not io�exceed"'one urged altered extended reconstructed 1475.Pine,Neck Road;:Southold;CTM: dwelling on ea�li lot Location:of Prop or restorezl'.orplaceii on a differenf poi 70-5-40.. _.. erty, 2950 Vansfon Road; Cutchogue rtion of the lot or parcel i.of land;pccu led Th Board. CTM 1115 72 by such ar a use_on the effective date o this persons or their represent tiives,li edesir 9 50 a m RI AN and JENNIPER chapter nor shall any external evidence. ing to<be heard:at each•hearer and7o S": R_ #6187 Request for Variances of such use^be mcre'ased by.ahy means des"rig to submit written sYa'temegts under Sections 280 116 and' whatsoever,:and Notice of Disapproval before:the;conclusion.of each•hearing. 'based oji the$iilding Inspecfor s May citing Section 100.31A,which.provision Each hearing will not start earlier than 15, 2dtl8 Iotrce;of Disapproval con states In A-C R30 Districts,'no building desiggated above Files=are available for cermng a•proposed new•dwelhn "after or,premises shall be used and no build, review,dunngregular business Louis arid, ,demolishing the existing.bprldm ( ing or part of a building shall be erected g)'The or altert d which is arran ed; intended prior.to the.day of the.hearing .If you- new dwelling is proposed at less than g have:questions, please do.not hesitate 15 feet rin:asmgle side.,yard,less Shan :`or designEd,to be used m whole or in to contact our office at(631)765=1809, 35 feet on total side yards,and less than Part for;any;uses•except the•followingi or by.-a mail:.Linda:Kowalski@.Town. 75 feet from th'e existing bulkhead adja A;Pennitted uses One family detached Southold ny us:; cent to C"rreat rPecphi Bay t-6- floh of dwellings not to exceed one dwelling on. Dated ,Lra.0rel7t+y-0M27 4I2 p$e�c.o8mc Bad'Boul eac2h)lIintt erretatioh to deal wit . 'August`4;2D00 P8 evar ZONNGBOAR D OFur h th GOEH ARPINpEGAEiRis re RA7 S;. 1010 am RICJ.- RD MF IFIZEDI existing residential use m a residential. #6188 Request foF a Vanance under' zone app�ynig�Code Section 280 121A BX LIND CHAIRMAN Sectrotrt280 122 and,,290124(ZBA ru andlar 280 122 Nonconfotmm Build A:KOWALSKI m s;withC-on g 543.75 4aur Road(OM+ce Location). ferpretation5039)'based on the Bwl'd� g o rming Uses,which states 53095 Main.Road ing Inspector s June;i0 20Q8 a>aended' 4 lfig,Iii thisxartiele shall be deemed'- (I�Iaihng/USPSj :.Notice,,af:Disapproval cahcernmg pro' to Prevent the remodellrig recotlstrue` PO Box1:179.' posed addihonsxand alterations to the tiara,or enlargement bf a noneonfotm 89501T8l7 S outhold NY 11971 0959 f ing tuildng containing a conforming exis ing dwefhng whichhnew const c _ " use provided Ghat such achoh does not. Lion will cbrYstttute an itYcrease the de- create any new nonconformance or in= bf °ilconf°rtYturg�mgte szde yard crease the degree of aorYconfontange' +at less than�l,0 feet les§than 25 feet on Ygtal side yards]at 20 Suuset_Path and With regard to the regulations peFtaffimg $itlto r bath (priVatte_xroad§Southold' to such buildings B Reconstruchan of a, G l�f�a4 }�p to d�mag ct nuda g?(1)r A WIT, ftfrrhmg \ niCl 'aidATR47, t building contauiing a confbrrnug use CIA�MELI AS # 6 1.96 Request for a whlcl'has�been damaged byfire or.other: F7a>ianbe uuderMzections02A'and f causes to thq extent of more than:50% 280 ,based ofttthe f3iiildrti�Ihspee: `O£its 124 faF ualue�.shall.nat bezepat ed of toffs July 7 200g aitended'fiToticei of rehtult unlesssuclrbuilding is madg sub DiscPP`rival o ¢ nce Stanttally to conform to the height and a''p�opt�s'ed yard Fequirements of the..Bulk Schedu]e. addition (in;,,an existing dec)C which new c7onstrpction :creates a new non (2)"A'ppltcation for a permit to;.,build . .TOWN F SOUTH OLD L PROPERTY - RECORD CARD -OWNER: STREET Lf VILLAGE DIST. SUB. LOT j s FOR ER OWNER N E vA'yCR ,s t; t / I '.r ,rt,. ✓ ..s'k�,.pdp+4'•f',r,„d, /v I S e W TYPE OF By-LDING r � S ES. //1 SEAS. VL. FARM COMM. CB. MISC. Mkt, Value Lni,iD IMP, TOTAL DATE REMARKS 0,et'g!'f ✓l t 60 (.16 i,t�> U t'!()"fit AGE I BUILDING CONDITION 'NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre -illable I 'illable 2 illable 3 Joodland wampland FRONTAGE ON WATER 70 � rushland FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD otol DOCK i �'..i� vim.`.' sd� p�• 3 TOW aqt cc^OWNER Sl'R ' LOT rIL --•. ; - t:U,(2wgr�+:._,` �'�\�v:'sv�;=d�:sin.:. 11 f '' ;�'%�:it�.C• �.r'� � FORMER OWNER N ;z i % " c S R ES. SEAS. VL. FARM o T r tx .. d LAND IMP. TOTAL DATE ' t ,;�., -s. ...,m3`,S'=, '".�„^ark S f �. }'t ! X J '.,m .',,,,. x✓ �ts•� v rt ve a t 1' t' i' r ��'�1 ,, V ^i ;` 1 ' 1 ;s. - . `fix ^� ��->�'� id' +.J �j ,M yyYY## /d�' � �Zl.';1�'3' ��-� "'i:-Y" '1f .." ��..��i-�'•�.- 4al' � Cv✓ W � � •-a•.' .;4'..'ai�S<.` �r"�' :. ^,�!4ffi,�.4m" �'�F.:.�,n:.��:: '�-•"�"'�"�•'�_`��:�i7•.� 'Q •�.��.�`"?� ...ram✓' �"Y:�av''•::.:;:' .A 'FK' •{X. .'::'-' ...... ..... .. ..•..... ..... .-- g;q ri I BUILDING CONDITION ` "'= ;r : AGE 3 Y> ` 1 BELOW ABOVE NEW NORMAL - - - - ' FARM Acre Value Per Value Acre t Tillable 1 t Tillable 2 Tillable 3 c Woodland k Swampland FRONTAGE ON WATER FRONTAGE ON ROAD Brushland DEPTH • House Plot I BULKHEAD - I DOCK Total , I v b o o Los N 322,500 El /,'� O• v 23PE�1 �•B �ZPELI `a;� W EJOE• � Z COUNTY OF SUFFOLK za ,eh 5.1 `S 9 s s' 4 •p0 O •^ B .p° FOR PCL.NO. pPE�� gyp° SEE SEC.NO, is 6 1' D45-01-9.1 EEiNE,� A•�5 � � ` FOR L D N G € / 16 26 q'1 �1SA Z5 COUNTY 3.1 I / ''�O• OF SUFFOLK / 75.4A 2S' A COUNTY OF SUFFOLK •• ape Z �znsc `!\'s�Hivv.SCl2; ss s� n-:%t�6°.• 0-- n \ 48 4.3 i��2 •a• .w .� �Q• H m \ \A\ 5\ \O `� 2. MATCH LINE 85�a \ Q SEE SEC.NO.052 •� nm a ✓ M cp S _.. . ......._.__........._. --..-------- APPEALS BOARD MEMBERS S Mailing Address: .Ionics Dinizio,Jr., Chairman ��v QUT//0, Southold Town Hall D 53095 Main Road• P.O. Box 1 179 Gerard P. Gochringer Ruth D. Oliva Southold.NY 1 1 97 1-0959 Office Location: Michael A. Simon 0/ �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��[JN� �� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://soLitholdtown.northfork.net ZONING BOARD OF APPEALS RECE{VEI) TOWN OF SOUTHOLD Cl. 1 -VF-m Tel. (631)765-I$09•Fax(631)765-9064 T FINDINGS, DELIBERATIONS AND DETERMINATION 'Southold TCWO 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 FACTSIDESCRIPTION: 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'/z 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' d 1 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 04/07/07, 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 13, q21 clerk Adak SURVEY OF LpNG LAND LOT 15 & THE WESTERLY 1/2 OF LOT 16 so UN MAP OF PROPERTY OF D W. H. YOUNG AND R. J. GOODALE FILE NO. 585 FILED SEPTEMBER 11, 1929 SITUATED AT 4 S S'1" GREENPORT E 37. TOWN OF �OUTHOLD SUFFOLK COUNTY, NEW YORK ZONE VE 1 - — - -) S.C. TAX No. 1000-44-01-05 z¢xx m—— _s,� SCALE 1"=30' _ 6' ----- — 'p JUNE 16 2006 ONS UARY 1. 24,2DO7ADD ADDEDIPRAY SA AO&DRY _ FEBRUAHI'1,2007 PDDEO PROP.HAY SALES h ORYWELL MARCH 22.2007 ppOEO NON-TURF BUFFER h REVISED R.I.p DRYWELL LOCATION p .Tym ° WAf) 5+°16 MARCYI 26,2007 REVISED AS P�R JOSEPH FISCHETTI,P.E JUNE B.2007 REVISED ROPOSEO AODIOON ICY OUPR14 N ¢ � AN `0 DP STAIrr9 +ny°D�T,mN yg' A.. , AREA= 28,149.93 ■q. 11. JUN 1 8 M7 s�Y1¢+��m stpOf CA (7G nE ux0 0.646 ac. � 9 _ ON COAL CR0910N NA2A GENERAL NOTES, PD""eT� �° o�tt ¢�'� t 4 5T.5+ uE�eROSro87 AZARO AREA Sy�WN I.ELCVEATI�NG ELEVATIONS ARE SxARC SHOWN THU31�D DATUMN' SIrs*"' W'� fATbj EXISTING CONTOUR LINES ARE SHOWN THUS:-----J----- t,$". paw pr+•-*APm,N• rrws*�j4 P � YI(F�T("',�+Nro�Yel�rrayy6l.i °p+v^ e°n=bm°'mN.FLOOD ZONE INFORMATION ATIO l �ppOPo'-msysiBN� .pBSNµ'i� t��°I m�� 2 FLOOD INSURANCE RANe.6�07C0168 G ZONE VE: COASTAL FLOW RH VFIOCGY NAZMD(WAVE ACTION); INSTµ� BASE FLOOD E ATIONS OETERHINEO ZONE K: AREAS DE7ERN1 TO BE OUTSIDE 500-YEAR FLOOOPWN ff°�yWx lad - I TOP aF sLDE •r I 1so snoKK MOO TOP h• oWAOE PROPOSED SSPTfC SYSTEM�/JOTES' 1.PKOPOSm SEPRC ST9TD1 D N 9T:JD,EPx n.1k.W RK eOK PA e19 � •I ,� 90UDNllO.XCW TCnt 11971 ryA17P"�, y • ' t,1 3.WNIYUY SPPTIG TN1K CMACIII1ILP�MR A/TO A 1mR00u xOUSE YNAY°Y I9 IA°P OALLPNS. e �• YI"._NIHGAMTEY f0i A 1-.141 bWK`. N¢URE YA[IWY 0]°°.p II 51°[WALL AP[.1. 1 f004 12'D@,e'mx. � � ,•a�'�,•`• ��4.� �� rRaro9m 9oK rvlutElmAKm¢1 PeOL � �'11 `•)`� �Pam° � ®rA9rokm r as K u•Gm 9AY¢Ae ucnxo Poa TANK s.TxE LDCAF1 x or wE...I?snw 9Horm xExEEN AR[rRDY nEtn oRsnwaw AND/oR UTA TH Nm ntOY OINEIIS .e,•.1 L E Epnm.SEPRC—INo R[PUYPm ClG1N OD KNOM IN ACC RCE ' S •1 '� 11 Q wmI s.a.ax.s.srANDUDs. n Y Tx • , /, CERTIFIED T0: SPRYO MOULDS 1' MARGARITA AVDOULOS t 65. \ 111' w 1BBA• I 11 ' ` •iyAe AB) YV DwEle.1LU.•�a°G Yv`�� 0.R,TH aCV_GE BASIN N AcwRwac Mm ra lwuw mAxA•ADs roR me sulvns n mAeusNm °Y�9��i r°oaMOs� TEST HOLE DATA mr HOLE DUG 8Y A'eLx'rNw m=m:CE ON MAY 18,2WS) SY• 1 t6 _ l Y �.•n,.'��.. ` N.Y.S.U..Na.A88BB Yur,.a.v uaunaR¢m A<maTax a AR¢nax ro THE soma n A wAAn9x or Joseph A. ingegno mHCIIC�IfoN�°'M[NEVI Ht01 eiA1E Land Surveyor 1e x mn wcT DA+a d+oas0m srAL srru rime m mwm to RE A wwo rAUE Dore � EYRMGMM xDGlfO NDIIDK 9x0.Rol ' .m„,,,,�„°r ner m rNE r[AraN mR mmu ra mAm. n PR�NYD,AND ox Nu eDAuz ro Txe Rtl.swxryP-sNemHWxm-st9 Pbry- ex¢DvcLa,t¢Aovt ,snllnaN ca9Kxlm TAL,cwrNm 'r 1w°ua m 1me°Nwmx.Axo PHONE(63I)727-2090 Fat(631)727-1727 OFF=LOCAW Ai WALW5 ADDRESS THE DwimCE DF RIONR OF WAY 3Z2 ROANOKE AVENGE P.O.8°t I9J1 ,AINI°'�HOT SNDWN Am NOf°WANYA[m. fltJEI81G0,Ne+Yoh 11901 RNVRmE,Hex York 11901-09E5 6-169 APPEALS BOARD MEMBER QF so Mailing Address: Gerard P.Goehringer,Chairman p�� y0� 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 FIoor,North Fork Bank Leslie Kanes Weisman I�COU � 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS IVED-� EC TOWN OF SOUTHOLD /. ;,3 Tel.(631)765-1809-Fax(631)765-9064 pAP . FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town tle►� MEETING HELD APRIL 10, 2008 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 LAW 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)(1). 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 a4) inspection determined to be substandard. 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 airm mon and Weisman. Member Dinizio and Member Oliv ere absen his solutio s ly adopted (3-0-2). rard P. Goehringer, Chairman 4/ AT2008 Approved for Filing ln/ • a I ��NG IS 1 SURVEY OF SHUN LOT 15 & THE MAP OF OFTERLY OF LOT 16 6 D W. H. YOUNG AND R. J.D GOODALE riLE we.s66 nuo stpum ER it. 1919 SITUATED AT s�"»s♦f s er s ao-E GREENPORT 37 TOWN OF OUTHOLD SUFFOLK COUN Y. NEW YORK :oK — S.C. TAX No. 1000-44-01-05 ! „= _ _ -■a SCALE 1'=30' "- — r!■' 4 JUNE 16. 2006 � •` riA �'� ,IAr1uA%r U.1D07 AmCO NN1P0![D AOamora r®Ru/ar 1.N1pDN0_7�ap`DCgaU{Nr�R,./�NAr�+/Og+tfs r DNfwpa .b' ♦ •, Y/ACN ll ... 2am2f107 REV19[D F PEP jWP NNOP. FPV tAGUgN W -%.ww0° AMC a.2007 NE,DSm PIlOP06CD ADMMwo P.E D[■T+,a' L� tli I AREA = 16,142-93 Iq. ft. w��b (I.N[—1 0.646 De. �Lw�8 7R07 rr• Yr wlerat i � �,M .■gyp [63[yQNI�AN■ft, ATID�NS M[W094CC*TO N.O.v,D.1229 DA NMP"Pr'-A��Y CMSRNO RNATION!AN`3NOW11 TNU9tL YN Np n,/■I M7 Egf11M0 CONtOUR[IN[!as Sl1OTIN INuS+--^^-,----- 4 I♦„^" 1,0�' pY.1„IMIi ,py NMIPj1Nil�l �ryla +s+',�'INN. ° a■IO11 r • / �� jyAµ�'HO 1.ROOD TON[INNIIYA110J"H FROYrC000INSUPANCCNATLNN,OlC0!■0hW\lIDN3 DCT21Nf1CO20NC1: "wUID or DIIrSDE 700-11M IIAODrWN INO■�� r I ,�/0■MA C , �I■ I , �. p �� PROPOSED SEP�3`Y.4r'YX INn7YE' ,` � • 1.,�/GIID l„DD 1Tb 0[�..peN,�M F.WRR ri. `• �� '1 pYP'lg1°l1�IML111PR 11111 �a,O�w"�.V pd r.`'. f • r.u..IW sfnro Ir uru a ral.I ro.■mloa ran tuurr a'AN YMuca. rr t� f^• • i —Il 1.Wr11101 I -5 m—1m f i 110 1 YNLOY—9. w.JW N N wm� — �ltJl■ ♦ jr, . t[- , I.JV q 1 MOII 1YII NV.l'r.. •. /,`••,•• p9 rVm[r wr ruurlwrfwl eMr / ,•1 .7`� 4 , ®INM10 I tV I,Y![V lWlAr IiWN r0R •I , �A]qq•\v�QJ� ®rwofir f.wo t.11. \ 1•� ' ;, ^ o li a ..1M[uuTN 01.[lLt.W MOr1l Ngta Y[n0Y Mtn 1{ ` !• D®%alrov WD/N ll"a Yxm rml anon ' ♦ 1 0''�` y �1 L„mflwa IDRIC all" IO■[WrTo CIW M/J IrYMe A 4StlOfrtl •` 11 � 1 j � �� w asoxc tlwouN. .� /I ,• CERTIFIED TOr •1 '�/ ' SYRYO AWAIII DS r•/ II MARGARITA AYDOULOs +++ 111 1`} •N 48) 1 N0 o "O"d 050 'R'♦'mar'rFw vr['N"'lini`rtrr"'t Y o am R Nr MlC91 MD Nro11m I IML.pf fN11 tD%,.am TEST HOLE DATA ,, (iFlT WU Due L=_^1�:�w Ear r4 7■�■) •,f° `�• ;C Err I .. '.•? tir t . 1lIYN1EIA�1II➢•VIW411 M YIOO ".. Joseph A. Ingegno .._..�.o WE!r- Land Surveyor MARMNO m1w�r�w�nmww■1r... —. .��m +�•••• , PNDN[(alpvaow r■i(wl)m-nn / ns mwwl,N Ifwlf w%Ar a1 r4 m kv u INCIS.lul3 Nrop rafrflala D21 IpIhDaL WCMIL �A Ipl Y� yO,IIOf.Y11DI��vyyDn°. P�[I■pp,fr.1a1 f,f01 �r.N.t♦M Itpl-N1l SURVEY OF LONG ISLAND LOT 15 & THE WESTERLY 1/2 OF LOT 16 SO MAP OF PROPERTY OF UND W. H. YOUNG AND R. J. GOODALE '{a FILE No. 585 FILED SEPTEMBER 11, 1929 SITUATED AT GREENPORT 37. TOWN OF SOUTHOLD >_\_ Rn __ SUFFOLK COUNTY, NEW YORK ZONE VE ,3 '- - -7 S.C. TAX No. 1000-44-01-05 zGHlX IS- + -e 01 SCALE 1"=30' JUNE 16, 2006 JANUARY 24,2007 ADDED PROPOSED ADDITONS I - FE13RUARY 1,2007 ADDED PROP,HAY BALES&DRYWELL MARCH 22.2007 ADDED NON-TURF BUFFER&REVISED PROP.DRYWELL LOCATION O - �yD w c, MARCH 26.2007 REVISED AS PER JOSEPH FISCHER.P.E. RF RV{FER£ an SS"q m ^ �PAu51h+y JUNE 8,2007 REVISED PROPOSED ADDITION KAOf NON-N W+N q '4 �1,6 A§�Ay%10' ",ay JULY 28 2DO7 REVISED AS PER JOSEPH FISCHERI.P.E. 1�' SEPTEMBER B,200J REVISED PROPOSED GARAGE&SEPTIC SYSTEM LOCATION AD' OECEMBER 19,2007 REVISED PROPOSED SEPTIC SYSTEM LOCATION t 51s' GrvtG r ,yy stop E o`. pw YyL fa'O'� AREA= sq. ft. TIE p{'ALC '+003pP 5pAT0 +)1 STORt CO (TO LIME) 0.0.646 oc. GC, 5t0� t0 Tr1- � ''4` �PHDipAL EROSION ROSION H•AR2AR0 E AS IN, WN GENERAL NOTES, Dy W n T"fig ' oew� 6 � Y''fo sal-a3 ARE,MAP 1.ELEVEXIISONS TING'ELEVATIONS REFERENCED ARE SHOWN TAU51. M 9 DATU ,l,rr U +R EXISTING CONTOUR LINES ARE SHOWN THUS:-----5----- N+5 V nDG��A,.yy�EFOu�p14t5� �°p� T� R�}•,,'�•_- ee-m�iml a&�eacn •' Ny DA3i�MDL p'G! A90' , 'N 2.FLOOD ZONE INFORMATION TAKEN FROM: iL000 INSURANCE RATE MAP ND.36103C0158 C iRDN 10 IF Rw1F ZONE VE BASECOASTAL FL OD WITH �RD(WAVE ACTION), YypPD=�y,A DC' B NED ZONE X. AREAS DEfERWNED TO BE OUTSIDE 500-YEAR ROODPWN. fAYTF ENH'TN6 bAW`6L SrM WA FRDN 107 DF zcP '�.'.•'rtn PROPOSED SEPTIC SYSTE%NOTES 1.PROPOSED SEPTIC SYSTEM DESIGN W.JOSEPH ASCHEM.PA. ?._c DT �"� P.O.BOL III. EW YORK DF SN GSA ASD(`'�' �• / e -• •q ): \ —I5 1.YININUN SEPTIC TAW CAPACITIES FOR A I Too,FDRDOY N0115[7N WHOA 13 I.CDD GALLDK& ' 1 TANKI W LONG,N-3•WIDE.O'-7-D[EP ,sa-110 VA•_ :a::s,. j yyD S.YININUN LEACHND s-EN FOR A 1 TD.DE.—H.=Y DW.IS SDO�q G—AU.AREA IV.•i..n.Wmr�> 1 `! 1 P004 I DEEP.6'dla. / `'�:t••.,.,..!/'''1'. ''• 1 LL E=� PROPo5F0 b%fUNRC OIIANSNIK POOL DLL DEEP SAWTMF IIKNND Po0. II `x \�1 �F� �,£O�'4\ ®PROPOS[D 1.000 DW➢IOVEC 111Y. 1 ��, � 1\. •� S.THE LDCAMM GF WE—AND CESSP00I.S SH WN HEREON AAE 1901I BELD !• ` OBSEDVATONS AND OR DATA 06TAIN iANI oMERS. 11 y f C�- �I1• y 4 THE EM31IN0 SFPEIC SYSTEM IS TO DE I`—CLEAN AND RENDING IN ACCGRDANEE � 't £ 1 © 1 `+ 11 j••' Or`�.,x WITH=D.H.A STARDARD3. . 4"ZI cx+ I 11 1 �'Va'1 •,' A'i 111 1,1 ti '' FINAL MAP 1 1. ;; •, —A- REVIEWED-a �a REVIEWED BYZB/1 11 {`•31 �v 0 N01 832 SEE DECISION#6145' V9Z Ag 03tAmam DATED 0 d d — 1 it , +y• ,e CERTIFIED T0: 1 �„1•+ 'Pat SPRYO AVDOULOS MARGARITA AVDOULOS \ 1 \\ \\a A ,,B5A• 1 1 ;6 Ak G».N 0g,TI,� DW�D xYDG !� Gam' Swo �� PIDA91D R.l 5 As¢uxl7.W� RECHARGE OF NE Is AND>PPm,m AND ADDIvm FTC wno,I ME NEW rdaf STATE LAxD TEST HOLE DATA * 2 (TEST HOLE WC!ry McOONAIO cEORCIENCE ON MAY 16,YOOBJ s3 N. !MILD NY U.ND,50467 ti....: T.L+11MORGFO uIS I_wl ALGDRD! °A NEWYD� Nathan Taft Corwin III SEA ME I[ll PORK STATE ME ""° Land Surveyor [H3055[D 5[AL SMDL NOT S tlINYDfRFO x bPEY A•NRI eAY a N SE A VALID MILE COPY. ,Y fAIIFIG,XN9 DDII'ALG IFI2CN ME AGH Yrm10P>am.PEND°'$0a"F,I°ID°m,ur'ia mE xDAx+xY wo r imE waAm DwnwwDAE AmNr>Jm me SND.rR-svDdwdPe-slm Prone- eDDenGeNPR I�GN 3Y IENOIHO EGRIIDON USRD HEREON,Mx Lrzrm+t Imo- PHONE(831)717-1090 Fro(831)727-1727 lER x Ow.x R[N TERN E.vO 4 1Y110N.LFARHG1pN9 A,C I1DT IP.WSTAIHI£. THE EKISTSCE OF MGM OF WAY OFHLES LOEATED AT MAILING ADDRESS N ANO/OR EASEMENTS OF RECORD,IF 321 10AN111 AVENUE P.O.BD.1031 / ANY,NOT SHOWN ARE NDi OVARANTEED. PNEAHFAD,N6W YR,k 11201 Hrxhwd.New YNk 11901-0965 I 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: On the day of August 2008, 1 personally mailed at the United States Post Office in Southold, 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 PER a� Sworn to before me this T* day of August, 2008. (N tary Public) MARGARET C. RUTKOWSKI Notary Public, state of New York Qualified in Suffolk county commission Expires June 3, r 0/ / 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. ° AVDOULOS NEIGHBOR LIST SCTM: 1000-44-1-5 FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-44-1-4 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 ` RECEIPT I l i j � RECEIPT � RECEIPT ; RECEIPT II 7192 6463 3110 00001727 } 7192 6463 3110 00001734 7192 6463 3110 00001741 7192 6463 3110 0000 1758 '+ FROM: FROM: } FROM: FROM: Patricia C. Moore Esq. ' Patricia C. Moore Esq. Patricia C. Moore Esq. 4 Patricia C. Moore Esq. RE:AVDOULOS ZBA HEARIN( ( RE:AVDOULOS ZBA HEARIN( I RE:AVDOULOS ZBA HEARIN( RE:AVDOULOS ZBA HEARIN( SEND TO: SEND TO: SEND TO: SEND TO: FEHIM&SEVGI UYANIK FEHIM&SEVGI UYANIK ZAKARIYA GUNUSEN HARUTYUN 8 NUNIK KUZUKO 55055 NORTH ROAD 55055 NORTH ROAD MARI H.GUNUSEN 480 PARK AVENUE SOUTHOLD NY 11971 a SOUTHOLD NY 11971 325 STONY SHORE DRIVE MANHASSET NY 11030 j i SOUTHOLD NY 11971 FEES: --- �! FEES: J FEES: FEES: Postage 0.42 1: Postage p,42 Postage 0.42 Postage •0.42 TCertified Fee °/'"� 2.70 I Certrf ed Fee fV ' 2.70 Carted F.ee_ 2.70 Cr®�ified Feed y�2.70 Return Receipt 2.20 I Return Recefpt--�4 2.20 Ret`uln Rec�pt 2.20 °Return Receipt f' ; 2.20 `.- Restricted h7 Restricted fftt j✓ RestrictedFFF i i° est ict'e 1 5.32 TOTAL a�, y��32 TOTAL �? 5.32 I TOTAL';`E S�32 !-.'f $'. '� 1 1POSTMAR Oft'RATE P.OSTMARK`OR DATE �°:�POSTN�4 CtO D� TE POSTMARK OReDATE kZii —� r PATRICIA C• MOOR< <SQ• �• Restricted Delivery? 3.Service Type / 51020 MAIN ROAD (Extra Fee) Yes "ERTIFIED I V SOUTH'OLD NY 11971 —� 2. Article Number 7192 6463 3110 0000 17341 A. Sign e: (❑Addressee or❑\gen ! I�I��IIII I�II II�II /1 � IIIIII II�II III II III II B. Received B ' lease ri t Clearly) 7192 6463 3110 0000 1734 C.Date of D livery �1 = 1. Article Addressed To: �Jdby D.Addressee's Address(flD(OemntFromAddrass UsedbySende0 FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NY 11971 Secondary Address/Suite!Apt.1 Floor(Please Print Clearly) ................................................................................... ,i Delivery Address 4. Restricted Delivery? 3.Service Type i 'PATRICIA C::r MOORE ESQ-_ CERTIFIED 51020 MAIN ROAD (Extra Fee) El Yes SOUTHOLD NY 11971 ` • 2. Article Number 7192 6463 3110 0000 1758211-i'lo!111111 IN u A. rgi ur (❑Addressee or❑Agent) - III IIIIIIIII III IIIIIIIIIIIIII i B. Received y:�(PI ase Print clearly) 7192 6463 3110 0000 1758 C.Date of Delivery 1. Article Addressed To: I . S LU Q HARUTYUN & NU *� ! D.Addressee's Address(IfDlHerentFrcmAdd.s Used6ySendeJ 480 PARK AVE U MANHASSET N 0 ............. ...... . .. .. -...... j I Secondary Address/Suite/Apt.I Floor(Please Print•Clearly) ----------------------------------------------------------------------------------- U� Delivery Address PATRICIA C. YMOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) ❑Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number I p� 7192 6463 3110 0000 17271 �f w;. alo o . , m m I A. Sig�a� (❑Addressee or❑Age t) 1111111111111111111111111111111111 IIIIII a B. Receive : (Please Aln t Clearly) 7192 6463 3110 0000 1727 ; C.Date of Delivery 1. Article Addressed To: FEHIM & SEVGI UYANIK D.Addressee's Address(IfDifferentFromAddress Usedbysendeo 55055 NORTH ROAD I ' SOUTHOLD NY 11971 Secondary Address/Suite I Apt./Floor(Please Print ClaarlyJ .................................................... ...... Delivery Address .......... ............................ Clty State ZIP+4 Code J. �v / ,- -_•.---- - ----- --- -- �� PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD CERTIFIED (Extra Fee) Yes SOUTHOLD NY 11971 2. Article Number 5I 7192 6463 3110 0000 1741i , I r y I A. Slignatu e: (❑ diessee or❑Age, ! � � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIII�III I � B. Received By: (PI se Print CI-Orly) 7192 6463 3110 0000 1741 C.Date f D live (Jl�l 7. Article Addressed To: D.Addressee's Address(llDiff rentFromAddress UsedbySende4 Z A K A R I Y A G U N U S E N i MARI H. GUNUSEN 325 STONY SHORE DRIVE ............... ................. Secondary Address,suite 1 Apt.I Floor(Please Print Clearfy) S O U T H O L D NY 11971 -----------------'-----••-----------------.....-.--.---------.-.------------------- Delivery Address ............................................ ....... ............................ City State ZIP+4 Code f • 0-0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SPYRO AVDOULOS E- 71 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-44-1-5---------------------------------------------------------------xrD F APPLEuS 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: 9 On the "`Cay of August, 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 I 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, AUGUST 21, 2008 icia C. Moore Sworn to before me this day of August, 2008 ,/Notary P c BETSY a PERKINS Notary Publip,State of NewYdk No.91 PE 6130M Qualified In Suffolk County Commission Expires July 1 g *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: bgp:Hsouthtown.northfork.net July o1 r , 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, August 21, 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 August 4tn 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 Aug 8th: 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 August 13st: 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 August 20, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 05 i4U' TICE 'OF HEAR1 ,4G, The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME "DOULOS , SPYRO #6189 MAP # 44= 1 =5 VARIANCE Li Sound Setback REQUEST New Dwelling DATE : THURS , AUG . 21 , 2008 , 1 :40 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 - ZONING BOARD-TOWN OF SOUTHOLD 765= 1809 �� pUl, S � C-f ►�'. to ��- I - 4r- win Ak- i , 1 • Ili .a, PC I1 V3 K C�„yi�t ✓'�yr.� '7,'1 ��o � �,:'rYi��,�� r '�{�'' Jrzr� ,,,ty b�l z�ri� 4�h �. r ^7-' r7r��..l`• :ti. i .1 C.'. ^t �� r '/,1.,, �V ,:�F.'�'4 1i. y. �. . . , 1 • Ili M