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Home My WebLink About6060~ ~o~o APPEALS BOARD MEMBERS~ James Dinizio~ Jr., Chairman Gerard R Goebringcr Rnth D. Oliva Michael A. Simon l.cslic Kanes Weisman http://southoldtown.northfork.ne! ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2007 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971 0959 Office Location: Town Annex/First Fl{ion Nnnh Fork Bank 54375 Main Rnad (at Yonngs Avenue) Southold. NY 11971 RECEIVED '.qou holcl T wn Clerk ZB File No. 6060 - Spyro Avdoulos Property Location: 54985 North Road, Greenport CTM 44-1-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot has 63.37 feet along North Road (C.R. 48), 405.83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the Long island Sound. The premises is improved with 1¼ 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 244' portion of existing house and existing foundation to remain with new patio to be placed over it; to construct a new second story addition with partial first story reconstruction, proposing a new two-story extension with new porch. A Determination of Inconsistency under Chapter 268 was issued on July 16, 2007 and submitted to the Board of Appeals, and additionally a recommendation if this application were to be approved: to maximize the non- turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. The house is sited approximately 20 feet from a wooden bulkhead, and a grassed lawn exists in this area. Accordingly to an evaluation conducted by the County of Suffolk, Soil and Water Conservation District, in its letter dated July 16, 2007 to the Board of Appeals, the bulkhead is in stabile condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant has confirmed that necessary repairs will occur as recommended in this evaluation. No future sprinkler irrigation system should be installed within close proximity of the bulkhead, which is a catalyst for Page 2 - August 16, 2007 ZB FileNo. 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. P~'ge 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 en 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, subiect to the followinq 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. VOteabsent.Of This Resolution was duly adopted ~. ('~ _ Member the Board: Ayes: Members Dinizio (Chairman), Oliv..a%Goehringer, and Weisman. Simon was J~"~ Binizio Jr., C~-a,rr~,~ / //Approved for Filing ANGEL B. CHORNO ARCHITECT 51020 MAIN ROAD SOUTHOLD. NY 11971 (631) 765- 6530 FAX (631) 765- 4643 May ~;th, 2007 Mr. Damon Rallis. Town of Southold NY Re ' Avdoulos Residence Greenport NY S.C. Tax No. 1000-44-01-05 The height of the proposed garage, Thank you .for your attention, Angel B. Chorno, AIA matching th~ng) w~ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 2, 2007 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 THIJRSDAY~ AUGUST 2~ 2007: 11:25 a.m. SPYRO AVDOULOS #6060. 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, at 54985 North Road, Greenport; CTM 44-1-5. The Board of Appeals will hear ail 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: June 28, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8453 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/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,%c~.~encin~:~e 19th day of July, 2007. Principal Clerk Sworn to before me this 2007 CHRISTINA VOLINSKI NOTARY pUBLIC-STATE OF NEW YORK No. 01-V06105050 Qua!t~ied I~ SuffOlk County Commission ;'xulres February 2B, 2008 LEGA/~ NOMCE SOUTHOLD TOWN ZONING BOARD OFAPPEALS TIqURSDAY, AUGUST 2. 2007 PUBLIC HEARINGS 1:2( p.m, KATHERINE DANERI a.k.a ; CYTM I35 280-12T k East Marion: canwover #5826 t ea~:h hearing, and/or avail. (Nla, iling Address) 1~O. Box 1179 :0959 ~lv/ell ng Which resu ~wou d Change the ~g ~nspe~[Or~s.June 17 2007 Notice of donfo~g rear yard t0 a ~i~approval cohc~" . nonconfom, ~ ..... :~mg P~Q~?~e~ ad- mgyardfor~eexistn s ; ¢ -u~eaa" 2:10 P.m: ALBERT'R; G~BE ~2 C0nceming proposed - ? proi , t~e existing dwellingS. J-L o6o FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore (Ardoulos) 51020 Main Road Southold, NY Please take notice that your application dated April 30, 2007 DATE: May 9, 2007 AMENDED: June 13, 2007 For permit for additions and alterations to an existing single family dwelling at '" ~ : Location of property: 54985 North Road, Greenport, NY County Tax Map No. 1000 - Section 44 Blockl Lot5 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this conforming 28,149 square foot parcel in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adiacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed concrete patio over the existing foundation is noted as being 21.7 feet from the top of the bluff, it's steps at 19 feet from the top of the bluff and the additions and alterations to the actual dwelling structure at 23.2 feet from the top of the bluff. This Notice of Disapproval was amended on June 13~ 2007, following the submission of a new surve¥~ dated June 16~2006 and amended June 8, 2007~ as well as construction drawings dated ~ ~"~xrono Ass~ciates~ Southold. Note to Applicant: Any chang -- e above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD PROPERTY.RECORD a-OWNER ba~E~ OWNE~ C/ STRE~ U ~ 9 ~5 VILLAGE E W CARD SUB. LOT N '1160 A~E FARM DATE COMM. CB, MISC. Mkt. Value BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 'illable 'i I [al~ 2 iIlable 3 /oodland wampJond FRONTAGE ON WATER rushland FRONTAGE ON ROAD ouse Plot DEPTH ~v" BULKHEAD ~tal I :DOCK OWNER FORMER OWNER N S RES. / SEAS. VL. FARM ,:~ LAND IMP, TOTAL DATE NEW FARM Tillable 1 Tillable 2 Tillable 3 BUILDING CONDITION NORMAL BELOW ABOVE Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD DEPTH House Plot Value Per Value Acre Total ~, -- BULKHEAD DOCK LO"F ~ t~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House NO. 54985 Street North Road SCTM 1000 Section 44 Block l__[_Lot(s). 5 Hamlet Greenport Lot Size 28,149 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED/~c~ o~, 2007 -n~ BASED ON MAP DATED 6/16/06 and updated 3/22/07 an~l construction drawings dated 4-7-07 Applicant(s)/Owner(s): Spyro Avdoulos Mailing Address: 160-12 11~ Avenue, Beechhurst, NY 11357 Telephone: 212-344-0600 Fax #: Email: pemoorel~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's aUorney, agent, architect, builder, contract vendee, etc. and name of person who agent repre$¢nU: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [3 Other Name/Address below: Email: _ pcm oorel(~optonline, net 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 Type of Appeal. An Appeal is made for: '~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal E has, [] has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) Name of Owner:Spyro Avdoulos ZBA File # REASONS FOR APPEAL (additional sheets mav be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house is located ou the Long Island Sound. The bluff is low and stable, vegetated and protected by large bolder. The corners of the existing house are on the Coastal Erosion Hazard line. The Trustees preferred to see the portion of the house which extends over the Coastal Erosion Hazard Area up to a structural beam to be removed. Because the portion of the existing house which is over the Coastal Erosion Hazard Line will be removed a new north first floor wall must be constructed over the existing full basement foundation. The existing foundation will be retained, not disturbed, and converted to patio. The owner designed an addition to the existing residence which would be landwa rd 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). The existing second floor will be reconstructed and made a full second floor space over the existing first floor, the second floor is expanded on the landward side and over the new portion of the foundation also on the landward side of the existing house. The existing residence has 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. The interior of the house is to be renovated and first floor rooms modified. There is no new foundation proposed other than landward of the existing structure. The owner obtain Trustees permit and DEC letter of no jurisdiction. The Trustees required a non-turf buffer and dry wells. New windows and siding is proposed. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The owner wishes to renovate the existing house and add bathrooms. We recommended that the dwelling be added on the landward side of the house to comply with the Zoning Code. In order to maintain the square footage lost by removing the portion of the house which is within the Coastal Erosion Hazard Area the landward side of the house is added. The bedrooms on the second floor would not permit adding bathrooms because the ceiling heights do not comply with current codes, the second floor roof line is changed to increase the ceiling heights and add floor space on the landward side of the house. The house was constructed in the 1950% the house has not been updated since it was built. The house is to be renovated and updated to meet current building code standards in accordance with the plans submitted. (3) The amount of relief requested is not substantial because: The house is made more conforming by cutting offthe first floor that is in the Coastal Erosion Hazard Area. The first floor is pushed back and second floor is directly over the newly set back first floor. The existing second floor bedrooms and bathroom remain on the second floor, the second floor will be reconstructed. The proposed addition to the existing house is modest and the second floor alterations consistent with standard construction methods. In order to meet the policies ofthe Coastal Erosion Hazard Law the owner is cutting off that portion of the house that extends over the Coastal Erosion Line. This will necessitate building a new wall on the foundation but the foundation is kept in place to prevent any disturbance to the bluff. This design prevents construction within the Coastal Erosion Hazard Area. In order to comply with side yard setbacks the second floor is 15 feet from the side yard. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing three bedroom home is remaining. The bedrooms are to be on the second floor and the first floor living area renovated. The bluff is stable and no activity is proposed on the seaward side of the house except converting the foundation into patio. The existing foundation is staying in place. The only new footings are in the front (landward) for the addition and garage. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The existing house predates regulations. Any alteration to the existing house would require a variance. This plan proposes the least disturbance to the bluff because the existing stable foundation will be retained. The bluff is 1o, 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: E No. Yes (t~lease furnish coov). 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~ur attorney.) ~Sign~ture of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to I~efor~e~me this ~ day~ TOWN OF SOUTHOLD BUILDING DEPARTMENT YOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ PERMIT NO. Examined ,20~__ BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check : Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: : APPLICATION FOR BUILDING PERMIT L~;: ._2~ ~ ':~ '_:_i:~i i 3 Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location 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 cfa 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 re~noval 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, ifa corporation) ,,W /IqY/ (Mailing address of applicant) ~t. ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises. ~/r'o .. r / (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section IqLOc Block Subdivision Hamlet Filed Map No. Lot . Lot 3. Nature of work (check which applicable): New Building. Repair Removal .Demolition Estimated Cost State e~st!ng, use and occupancy ofprem~,ises and intendeffu'se kn'd occupancy of proposed con}truction: a. t:x~ung use anti occupancy b. Intended us.e and occupancy Addition Alteration O~er Work (Description) Fee If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ir'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 .::=.q-- ' ' Dimensions of same structure with alterations or additions: Front ~, z// Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front ?z~¢ Rear z'/'t~ Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated i2. Does proposed construction violate any zoning law, ordinance or regulation? YES/~' NO (~),~,,tc~ trw) 13. Will lot be re-graded? YES NO )(~ Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. ~ 7:. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) cOUNTY oF Pr..~7/'lrt t,t~ C,~O ~ ~ being duly sworn, deposes and says that (s)he is the applicant [2qame of individual signing contract) above named, (S)He is tile ~~ntractor, 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 to before me this "st~r/~ dayof ~::~J(-- 20(5)7 MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified In Suffolk Cour4~. Signature of Applicant OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: Mark Terry, MEMORANDUM James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals Principal Planner ~"'~' LWRP Coordinator ~1I i! Date: July 16, 2007 Re: ZBA file Ref. No. 6060 (Avdoulos) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed patio to the top of bluffline is 19 feet~ the distance from the proposed addition to the top of bluff is 30 feet~ a minimum separation distance of 100 feet is required pursuant to Chapter § 275-3. Findingsl purpose~ iurisdiction~ setbacks.. In addition~ a minimum setback distance of 100 feet is required pursuant to Chapter § 280- 116 A (1) AH buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shah be set back not fewer than 100 feet from the top of such bluff or bank. Please require that the applicant amend the application to meet the above policy. Additionally, if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold 1. Maximize the non-turf buffer landward of the top of bluff to protect the bluff. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. SOIL AI~ C(H~SERVAT I (~ DISTRICT FAX: (631) 727-3160 COUNTY OF SUFFOLK Tho~s J. MmMmhon DISTRICT ~%NAGER (631) 727-2315 July 16, 2007 Chairman James Dinizio Jr. Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: ZBA File Ref. No. 6060 (Avdoulos) ,~ JUL ~ Dear Chairman Dinizio: % ... - ~..-:~ As requested by your office, a site visit was conducted at 54985 North Road Greenport, Suffolk County Tax Map Number 1000-44-1-5 in order to review the proposal for expansion of the house on the property. The house is sited approximately 20 feet from a wooden bulkhead and Long Island Sound. A grassed lawn exists in this area between the house and bulkhead. No irrigation system appears to be servicing this yard. The house is fitted with gutters and downspouts. The bulkhead is in stabile condition. Efforts to maintain the stabiliW of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The horizontal boards of the bulkhead are in fair condition; no gaps exist within the wall with the exception of a small section (2' x 39 which has been repaired by placing a board over this section. On top of the bulkhead, fullvegetative cover of scrubs and forbs exist. The exception occurs on the eastern section of the bulkhead near the groin where landscaping debris is being placed on top of the wall. The stairway is in working condition, but the stair rails and steps are broken and rotten and in need of replacement. Due to the close proximity of the house to the shoreline, it is imperative to maintain the structural stability of the b, lkhead. A stabile bulkhead consists of structurally sound horizontal support beams with tightly fitted face boards. No sediment from behind the bulkhead should be traveling between, through, over or under these boards. The pilings should be tightly bolted into the bulkhead and the horizontal beams should be straight, not bowed out or up. All of the components should be in sound condition (solid, free of decay and pest infestation). 423 GRIFFING AVENUE SUITE 110 RIVEPJ{EAD, NY 11901 The top of the bulkhead should be fully vegetated and access to the beach should occur via the stairs. Landscaping debris should be composted or disposed of through an alternate means instead of disposing on the top of the bulkhead. Additionally, the stai~ should be repaired/replaced to allow for safe access to the beach. To maintain the best structural stability of the bulkhead, inspections should be made regularly and especially after storm events. All necessary repairs should occur as recommended in the enclosed literature as soon as possible in order to maintsln a stabile bulkhead. The use of drywells to collect roof runoff (as documented on the site plan) is fully supported. Ail the gutters should be fitted with drywells especially those on the Sound side of the house. This reduces the erosion threat that runoff from impermeable surfaces poses to the bulkhead. Respectively, it is recommended that the walk on the Sound side of the property be constructed of a permeable or semi- permeable surface if it is slated to be replaced. This will further reduce the amount of runoff from impermeable surfaces near the bnll~head. The use or future installation of sprinkler irrigation within close proximity of the bulkhead is not recommended due the erosion potential that such a system poses. Additionally, vehicle access (associated with construction activities) on the lawn, between the house and the bulkhead, should be limited as much as possible in order to prevent compaction of the soil and rutting of the yard. Both are a catalyst for erosion and can cause damage to the bulkhead. Within the site plan, sik fencing is documented. Care should be taken with the installation of silt fencing at this site, due to the erosion potential such installation poses to the bulkhead. Proper silt fencing installation involves digging a trench and burying the bottom of the silt blanket. This prevents sediment and water from traveling under the fence. As the proper installation of silt fencing causes its own ground disturbing activities, it poses an immediate erosion threat to the stability of the lawn and top of the bulkhead. Therefore, the silt fencing should be installed only if ground disturbing activities are to occur with construction. If it is deemed necessary, the fence should be installed as fax as possible from the bulkhead and close as possible to the construction activities. It should not be installed on the top of the bulkhead as noted in the site plan. Once the need for the silt fencing and hay bales has passed, both should be completely removed and the trench and bare areas (from the hay bales) reseeded. Enclosed are directions on the proper installation of silt fence to ensure that it is installed properly. Installing the silt fence without burying the bottom is as useful as not installing it, and only mildly improved with the use of hay bales. If you have any questions regarding our site visit and information provided, please do not hesitate to contact our office at (631) 727-2315 x3 between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday. n DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 25, 2007 AUG - 1 2O07 THOMAS ISLES, AICP DIRECTOR OF PLANNING 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) Grebe 6043 Reinken 6052 Dickerson 6053 Bulis 6055 Dey 6056 Planitzer 6057 Seifert 6059 Avdoulos 6060 Girzadas 6061 Lampl 6062 Casey 6064 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCAIION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER 1631} 853-4044 New York State Department of E~lll~onmental Conservation Division of Environmental Permits SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409 Telephone (631) 444-0365 Facsimile (631) 444-0360 Alexander B. Grannis Commissioner LETTER OF NON-JURISDICTION Mr. Spyro Avdoulos 160-12 11th Avenue Whitest#ne NY 11357 April 19, 2007 NYSDEC # 1-4738-02045/00003 54985 North Road (C.R.48) Greenport NY SCTM # 1000-44-1-5 Dear Mr. Avdoulos: Based on the information your agent submitted, the New York State Department of Environmental Conservation has made the following determination. The portion of the referenced property that is landward of the topographic crest of the bluffin excess of 18 feet in elevation, as shown on the survey prepared by Joseph A. Ingegno last revised on 2/1/07, is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. ~ ~ ~;ermit Administrator CC: Patricia C. Moore Marine Habitat Protection File £ OzV'G, 57.: LOT SURVEY OF 15 & THE WESTE, RLY 1/2 OF LOT MAP OF PROPERTY OF W. H. YOUNG AND R. J. GOODALE FILE No, 585 FILED SEPTEMBER 11, 1929 SITUA TED A T GREENPORT TOWN OF 50UTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 10100-44-01-05 SCALE 1"'=30' JUNE 16, 2006 JANUARY 24, 2007 ADDED IPROPOSED ADDITIONS FEBRUARY 1, 2007 ADDED PROD, HAY BALES & DRYWELL MARCH 22, 2007 ADDED NON-TURF BUFFER, & REVISED PROP. DRYWELL LOCATION MARCH 26, 2007 REVISED AS PER JOSEPH FISCHETTL P.E. JUNE B, 2007 REVISED PROPOSED ADDITION AREA 28,149..93 sq. ff. (TO TIE UNE) 0.646 ac. ]6 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~,g EXISTING CONTOUR LINES ARE SHOWN THUS: ..... 5 ..... 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAD No. 36103C015S G ZONE VE: COASTAL FLOOD ~ITH VELDC[P( HAZARD (WAVE ACTION); BASE FLOOD ELEVATrONS DETERMINED ZONE X: AREAS DETERMINEO TO BE OUTSDE 500-YEAR FLOODPLAIN PROPOSED SEPTIC SYSTEM NOTES' TEST HOLE DATA 28" CERTIFIED TO; SPRYO AVDOULOS MARGARITA AVDOULOS N,Y,S. Lie. No. 49668 Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 26-189D .S.C.Tax NO i000:-'44;~01-05 -'AVDOULOS,, , R'EStDENCEii'. ~. EXISTING HOUS~ ,54985 NORTH ROAD GREENPORT. CHORNO ASSOCIATES · architects. SOUTHOLD, NEW YORK, · 0 t I 0 I W~DoW S¢~t~ULI~,',, 'A,2-6x4-0 ' B 3-0 x 4-0 ,. C (2)2-6xS-0~(2)2-6xl-6 D 4-0xS-0+4-0xl-6 [E (2) 3-0 x 5-0 + (3) 3-0 x 1-6 + dr 3-0 x 6-8 F 3-0 x 5-0 + 3-0 x 1-6 G (2) 2-6 x 3-0 + (2) 2-6 x 1-6 I 2-0 x 4-0 J 4-0 x 5-0 K. (3) 3-0 z 5-0 L 4-0 x 4-0 M 2-0 x 4-0 +'2-0 x %6 AVDOULOS RESK)ENC E~ . PROPOSED ALTERATIONS:i. 54985 NORTH ROAD GFIEENPORT CHORN'O ASSOCIATES architects, SOUTHOLD, NEW YORK DATE: 4-7-07 ,I ,-% - I AVDOULOS R ESIDE"NCE PROPOSED ALTERATIONS 54985 NORTH ROAD GREENPORT NY' CHORNO ASSOCIATES architects. SOUTHOLD, NEW ~'ORK * DATE: 07 ? . 9'01 )~.?-- AVDOULOS RESfDEN'CE~ PROPOSED ALTERATIONS. ~.: 549'85 NORTH ROAD GREENPORT .~ CHORNO ASSOCIATES architects. $OUTHOLD, NEW YORK ~ DATE: 4-7-*07