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Home My WebLink About6145AvdouCos S'. #~ ~ a 6 o Q.~,c;,,,/acfi P!~- ~~afoy '~~~~ 5~~~~i~~ ado -ii~/~GJ ~~ 3~a7 08 eq~ ~%b/~.~.. s~~ s ~Ma - ,Q~-vFF SEi,89cK aF; APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ~O~~pF SOUIyo~ ~ ~~~,~~ ~~y00UNT'1,~",~' Mailine Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. nor[hfork. ne[ ZONING BOARD OF APPEALS EC IVED ~ TOWN OF SOUTHOLD ~, ~,3 Tel. (631) 765-1809 • Fax (631) 765-9064 A~~~ FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerb 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 LWRP Determination was issued by the Board of Appeals under File #6060 concerning Chapter 268, as issued on July 16, 2007 when a recommendation was submitted to the Board of Appeals by the LWRP Coordinator, to maximize the non-turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. Also considered are all of the expert testimony and information taken under File # 6060 in its LWRP determination, as well as recent . ~ ' Page 2 -April 10, 2008 ZBA # 6145 - Spyro Avdoulos CTM 44-1-5 information submitted into the record at the 3/27/08 hearing, including but not limited to the applicant's statements that there will be no disturbance to the land between the house and the bulkhead for areas of construction activity under this or the previous variance application. The LWRP Coordinator submitted his recommendation dated March 26, 2008, to the Board of Appeals noting inconsistency, based on the discovery that the east wall of the existing foundation was defective and that no footing was found under the east side of the foundation wall. The proposed construction was found not to meet the conditions for maintaining existing development within this Coastal Erosion Hazard Area. It was recommended by the LWRP Coordinator that the application be amended to comply, to the greatest extent practicable, with the LWRP policy to have structures adjacent to sounds where a bluff exists a bluff landward of the shore be set back not fewer than 100 feet from the top of the bluff. DETERMINATION The Board has considered Policies 4.2, 5 and 6 under the LWRP, and the March 26, 2008 recommendation of the LWRP Coordinator. The applicant and his engineer stated during the March 27, 2008 public hearing that the remaining three walls of the foundation will not be reconstructed and therefore will remain (in kind, in place), without reducing or changing the nonconforming setbacks that exist (ref. plans prepared by Chorno Associates date-stamped March 7, 2008 with hand notations added, Pages A-1 3-5- 08, A-2 9-25-07, and A-3 3-5-08). In an evaluation issued July 16, 2007 to the Board of Appeals, from the County of Suffolk, Soil and Water Conservation District, the bulkhead was found to be in stable condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant agrees to obtain permits and make necessary repairs as recommended in this evaluation. No future sprinkler irrigation system will be installed within close proximity of the bulkhead, which is a catalyst for erosion and can cause damage to the bulkhead. Within the site plan, silt fencing is documented and care must be taken by the applicant for proper installation of the silt fencing, which involves digging a trench and burying the bottom of the silt blanket. This action is limited to the single wall on the easterly side (with first story alterations over the existing foundation), which action furthers Policy 6 of the Local Waterfront Revitalization Program. With the above measures and limitations, this action furthers Policies 6, 5, and 4.2. ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100) Zoning Code Section 280-116A states that all buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff. Page 3 -April 10, 2008 ZBA # 6145 - Spyro Avdoulos CTM 44-1-5 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 27, 2008, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant AREA VARIANCE RELIEF REQUESTED The applicant requests relief in this variance application, setback relief for reconstruction of the first floor and replacement of a single foundation wall at the eastern portion of the structure, with the same setback nonconformity that exists, concerning a proposed amendment under Building Permit #33677. ADDITIONAL INFORMATION On August 16, 2007 ZBA #6060 granted relief for alterations and additions to a single-family dwelling, for which a building permit and other agency permits were received. During construction activities, a Stop Work Order was issued by the Building Inspector when the Town discovered that work pursuant to the building permit (variance and other permit) had gone beyond the scope of authorization. REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings 1. Town Law §267-b(3)(b)(3)(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 ~~ 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/ Approved for Filing U TOWNpF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAL ~,~ ., ~1~ BOARD OF APPEALS Date: May 9, 2007 Amended: June13, 2007 Amended: March 6, 2008 To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold, NY 11971 Please take notice that your proposed amendment dated Mazch 6, 2008 For permit #33677 amending the plan to reconstruct & replace easterly foundation wall at Location of property 54985 North Road, Greenport, NY County Tax Map No. 1000- Section 44 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance, decision #6060, for alterations & additions to a single family dwelling allowing a 23.2' setback from the top of the bluff. Following this amendment, the applicant intends to reconstruct the dwelling, with replacement of the east foundation wall. Therefore the demolition & reconstruction at this nonconforming 28,149 sq. ft. parcel in the R40 district, is not permitted pursuant to Article XXIII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank." Authorized Signature Note: The existing garage has a permit for demolition & construction of a new accessory garage. c~ ' l L~~ DEPARTMENT OF PLANNING April 9, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: DI 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(sl Avdoulos, Spyro Very truly yours, 6145 Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 1631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (6311 853-4044 COUNTY OF SUFFOLK b ]~yy.'yy • [ Y M..'J •P+.m N R~ ~ p ~1 STEVE LEVY APR ~ ~ 2008 SUFFOLK COUNTY EXECUTIVE ,,,,,_ ,- ~ OUNTY OF SUFFOLK r - ~ ~'v1~6-~ ~. , cow ~, ~'hl~ ~ ti©~, r~ ~'a u. .~- _; cy l L)< i~in~w~ Steve Levy SUFFOLK COUNTY 8X8CUTIVB SOIL AND NATBR ThOma6 J. NCNahOn CONSSRVATION DISTRICP DISTRICT NANAGBR FAX: (631) 727-3160 (631)727-2315 ~ 3a~P~ G°3G~C~G~Od~D Gerazd P. Goehringer, Chairman Southold Town Boazd of Appeals fdAR 3 1 2008 53095 Main Road, P.O. Box 1179 Southold, NY 1 1 97 1-0959 BOARD OF APPEALS 3/25/2008 Re: ZBA File Ref. No. 6145 (Avdoulos) Dear Mr. Goehringer: We have received your request for comments regarding the pazcel located at 54985 North Road in Greenport known as the Avdoulos Property. Previous comments have been made by our staff regazding this pazcel and were included in your request. In reviewing your request it was found that the variance requested is for installing a new poured concrete wall on the east side of the foundation replacing the existing block wall. Since there aze no changes to the pazcel that would require us to update our initial findings, the original evaluation still holds true. We have no further recommendations at this time. If the situation requires us to make further recommendations, please feel free to contact us again. Respectfully, ~~~ Paul A. TeNyenhuis, Senior Soil District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 07/30/2007 11:46 s-~~~` )~ 1' 6317659064 • sou. arm w.xarc CO<i9ERVAT20li D297'RrCT FAX: (631)727-3160 jury 16, 2007 Chairman fames Dinizio Jr. Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0459 ZSA COUNTY OF SUFFOLK ', Aid F sxava Isvx sn~o~ ax~~toa Re: ZBA Pile Ref. No. 6060 (Avdoulos) Deaz Chairman Dinizio: xho®aa ,r. Me6dahon nrsTTxrcx aaxaoaR (631)727-2315 -.,. y~:," M'.; 4~ :, ;~"} 9 Far N vx ...: ..'a - .. ... JUG 2 '1 ZOO? P~ ~~'~°7 As requested by your office, a site visit was conducted at 54985 North. Road Greenport, Su1'follc County Tax Map Number 1000-44-1-5 in order to review the proposal for expansion of the house on the pzoperty. The /louse is sited approximately 20 feet from a wooden bulkhead and Long Island Sotuld. A grassed lawn exists in this azea 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. E££orts to maintain the stability of the bulkhead have occurxed with the installation of new pilings to reinforce the decayed pilings. The horizontal boards o£ the bulkhead are in fair condition; no gaps exist within the wall with the exception of a small section (2' x 3') which has been repaired by placing a board over this section. On top of the bulkhead, full vegetative cover of scrubs and forbs exist. The exception occurs on the eastern section of the bulkhead near the grout where landscaping debris is being placed on top of the wall, The stairway is in working Condition, but the stair rails and steps aze 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 bulkhead. A stabile bulkhead consists of structurally sound horizontal support beams with tightly fitted face boards. No sediment from behind the bulkhead should be traveling between, through, over or under these boards. The pilings should be tightly bolted into the bulkhead and the horizontal beams should be straight, not bowed out or up. All of the components should be in sound condition (solid, free of decay and pest infestation). • PAGE 02 G3G~C~~O`~~D MAR 7~~;;; ~LP~`/5 BOARD OF APPEALS 923 GRISSING AVENVE SVITE 110 RIVERNETA, NY 11901 07/30/2007 11:46 6317659064 • ZBA PAGE 03 • The top of the bulkhead should be fully vegetated and access to the beach. should occur via the stairs. Landscaping debris should be composted or disposed of through an alternate means instead of disposing on the top of the bulkhead. Additionally, the stains should be repaired/replaced to allow £or safe access to the beach. To maintain the best structural stability of the bulkhead, ix>spections should be made regularly and especially after storm events. All necessary repairs should occur as recommended in the enclosed literature as soon as possible in order to maintain a stabile bulkhead. The use of drywells to collect roof runoff (as documented on the site plan) is fully suppozted. All 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 bulkhead. The use oz future installation of sprinkler irrigation within close pzoximity 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. Withiua the site plan, silt fencing is documented. Care should be taken with the installation of silt fencing at this site, due to the erosion potential such installation poses to the bulkhead. Proper silt fencing installation involves digging a trench and buryizxg 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. 'T'herefore, the silt fencing should be installed only if ground disturbing activities are to occur with construction. Tf 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. Onee the need for the silt fencing and hay bales has passed, both should be completely removed and the trench and haze areas (from the hay bales) reseeded. 07/30/2007 11:46 6317659064 ZBA PAGE 04 • • 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 use£ui as not installing it, and only mildly improved with the use o£ hay bales. I£ you have any questions regarding our site visit and information provided, please do mot hesitate to contact our of£~ce at (631) 727-2315 x3 between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday. • C~ APPLICATION TO THE SOUTHOLD TOWN BOARD Date Assigned/Assignment No. House No. 54985 Street North Road Hamlet Greenport ~~~a SCTM 1000 Section 44 Block 1 Lot(s) 5 Lot Size 28.149 Zone R-40 I (WE) APPEAL THE DATED February 29, ~TION OF THE BUILDING INSPECTOR ON MAP DATED 6/16/06 and updated Dec 19, Applicant(s)/Owner(s): Snvro Avdoulos Mailing Address: 160-12 11'" Aveuue, Beechhurst. NY 11357 Telephone: 212-344-0600 Fax #: _ pcmoorelnu optonline.net Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. end name of person who agent represents: Name of Representative:_Patricia C. Moore Esa. for (X) Owner, or ( )Other: _ Agents Address: 51020 Main Road. Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: gcmoorelt7a ootonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ^ Applicant/Owner(s), or 8 Authorized Representative, or ^ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 16.20061ast dated 12/19/07 and DENIED AN APPLICATION DATED March 6, 2008 FOR: Building Permit (Stop Work Order- previous appeal #6060) ^ Certificate of Occupancy ^Pra-Certificate of Occupancy ^ Change of Use ^ Permit for As-Built Construction 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: 8 A Variance to the Zoning Code or Zoning Map (amendment of plans setback to bluff) ^ A Variance due to lack of access required by New York Town Law-Section 280-A. ^ Interpretation of the Town Code, Article ~~cif~ptl d ~O Cl?h Reversal or Other review a eat #6060 because east wa of foundation needs cor measure. Defective foundation wall found. ~;,,,_, ~~„c L ~bW A prior appeal ?has , ^ has not been made at any time with res ect to this ro er UNDER No. 6060 Year 2007 (Please be sure to research before completing this q estian ~([ ,fgr assistance.) ~' ~~~ Name of Owner: Spvro Avdoulos ZBA File # REASONS FOR APPEAL_(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neiehborhood or a detriment to nearby properties if granted, because: (New description for this application underlined) laneuaee not underlined was in anneal #6060. The house is located on the Lone Island Sound The b[uffis low and stable, vegetated and protected by laree 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 Coasts[ Erosion Hazard Area up to a structural beam to be removed This work was completed pursuant to a building permit Because the portion of the existine house which is over the Coastal Erosion Hazard Line was removed a new north first Jloor wall must be constructed over the existine full basement foundation as well as the new portion offoundation for the new exterior wa1L The only change from the original application is that the east wall ojthe existing foundation must be modified When the house is cut back at the Coasts[ Erosion Hazard Line the new exterior wall on the north side needs a new foundation. The new wall was shown but not clearly identified as new structure. The existing foundation alone the Lone Island Sound will be converted to patio. The owner desiened an addition to the existine residence which would be landward of the existine structure on the Lone Island Sound. the second Roor which presently is set back will be reconstruction and will meet the side yard setbacks (stepped back 3 feet). Also, discovered during construction, the foundation along the east side of the property does not have a pad and must be modified in order to support the first and second floor above. Two alternatives have been proposed: the less expensive and preferred solution is to pour a new pad and foundation on the east side of the house, the more expensive solution is to keep the existing defective foundation on the east side and support the structure with Steele beams. No other chanee is proposedfrom the original application, the existine second floor will be reconstructed and made a full second floor space over the existing ftrst floor, the second /loor is expanded on the landward side and over the new portion of the foundation also on the landward side o(the existing house. The existing residence had three bedrooms and full bath on the second floor and two bedrooms and two baths on the ftrst floor. The owner wishes to add bathrooms to the second Jloor and modify the livine space on thefirst 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 JToor rooms modified The owner obtain Trustees permit and DEC letter of no jurisdiction. The Trustees required anon-turf buffer and dry wells. New windows and sidine is proposed Throughout our ~lication we described the removal of the north side of the house first and second floor) and convertine the foundation to a patio. The second floor is new and the first Roor was to be reconstructed since both the north and south walls were removed. Our surprise was the foundation wall on the east side. 21 The benefit soueht by the applicant CANNOT be achieved by some method feasible for the applicant topursue, other than an area variance, because: The owner wishes to renovate the existine house and add bathrooms. We recommended that the dwelline be added on the landward side of the house to comply with the Zonine Code. In order to maintain the square footaee lost by removing the portion of the house which is within the Coastal Erosion Hazard Area the landward side of the house is added. The bedrooms on the second floor would not permit adding bathrooms because the ceiling heights do not comply with current codes, the second floor roof line is changed to increase the ceiling heights and add floor space on the landward side of the house. The house was constructed in the 1950's, the house has not been updated since it was built . The house is to be renovated and updated to meet current building code standards in accordance with the plans submitted. (3) The amount of relief requested is not substantial because: The house is made more conforming by cutting off the first floor that is in the Coastal Erosion Hazard Area. The original application and plans which the ZBA approved have not changed The foundation requires modifications latent defects under the foundation wall which were not visible until the construction beean require attention. The second floor is pushed back to meet 15 foot setbacks (Walt decision not violated) and f rst floor remains in kind in place. The existing second floor bedrooms and bathroom remain on the second floor, the second floor will be reconstructed. The proposed addition to the existing house is modest and the second floor alterations consistent with standard construction methods. In order to meet the policies of the Coastal Erosion Hazard Law the owner is cutting off that portion of the house that extends over the Coastal Erosion Line. This will necessitate building a new wall on the joundation but the foundation is kept in place to prevent any disturbance to the bluff. This design prevents construction within the Coastal Erosion Hazard Area. In order to comply with side yard setbacks the second floor is 15 feet from the side yard. As was described in my variance, foundation alterations to the north side where the house is cut off are required. The only unexpected foundation problem is the east side. The building inspector did not see mention of the foundation in the ZBA decision and bas stopped the job. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing three bedroom home is remaining. The bedrooms are to be on the second floor and the first floor living area reconstructed. The bluff is stable and no activity is proposed on the seaward side of the house except converting the foundation into patio. The existine foundation alone the Sound is stavine in place and converted to patio New footings are needed (5) Has the alleged difficulty been self-created? ()Yes, or (X )No The existing house predates regulations. Any alteration to the existing house would require a variance. This plan proposes the least disturbance to the bluff because the existing stable foundation will be retained. The bluff is low, the laud is protected by a Jetty and bulkhead. There is no threat of erosion to the upland. The foundation must support the structure above and defects in the foundation were found during construction. Are there Covenants and Restrictions concerning this land: n No. Yes (please furnish conv). 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. CheckthisboxO7FAUSEVARIANCE/SBE/NCREQUESTEJ2 ~ASECOMPLETETHEATTACHED USE VAB/ANCE SHEET.• (Please be sure to consult yo ~ re of Appellant or Authorized Agent ~„~ (Agent must submit written Authorization tram Owner) Sworn to before me this CO aayorMcNc~-,zob8~ . ~~ _ A ~~ t acre a w.vYtR na otre ataoax ouaa.e M swraM Cary o2~ 9 cem.a.a+r+e.. PATRICIA C. MOORE Attorney at Law 51020 MainROad Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 ~~~~GV h!ri 7 , ~i~~ :, SOARB OF APPEALS Margaret Rutkowski Betsey Perkins Secretaries March 7, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Spyro Avdoulos, 54985 North Road, Greenport 1000-44-1-5 Appeal #6060 Dear Chairman and Board members: The owner obtained a building permit in accordance with your variance and Trustees approval. As was described in our variance application, the proposed reconstruction of a new second floor and new construction on the first floor would use the existing foundation. The project necessitated demolition of the south side of the house which overlapped the Coastal Erosion Hazard Line and that portion of the foundation would be made a patio. As was shown, the area that was cut require modification to the existing foundation since it now became the new exterior walls. The portion of the house along the road was cut off for the new addition on the south side. When the contractor commenced demolition of the north and south walls (as was described in our permit applications) he discovered that there is no pad under the foundation wall along the east side of the house (the cement walls have no pad below). The building department has suspended the building permit until we are authorized by your Board to replace the portion of the foundation which was unexpectedly absent and must be corrected. Two alternatives have been proposed by the architect: 1. The alternative the contractor prefers and is shown on the amended plans, remove the cement block wall on the east side and pour a pad and foundation wall which will support the proposed first and second floor; or 2. Use the existing basement walls to support overhanging Steele beams which then support the construction above. The second option is more costly but does not require removal of the existing foundation walls just a cut into the walls for placement of the Steele beams. The foundation remains in place but does not support the structure. Along with the full application, as was submitted originally, with the described alterations, I have enclosed the amended drawings reflecting the new foundation wall. The remaining foundation is believed to be structurally sound. The construction plans of the project remains the same as the floor plans submitted to the Board in appeal #6060. The overall design of the house remains as was submitted into the record. The job is stopped until the Board has an opportunity to review the application. Due to the exposure of the structure to the weather we would ask for your immediate attention. Very-tr~I~s yours, ~_-Patricia C. Moore PCM/mr Encls. • i APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) „< Applicant:~GfU V ~o S -~~/ ~~ ~ Date Prepared: ~~~i~o-~ BCI~(~(~ C?F P,,'PE1`,a ~ ~ ~ _ _ / ar a.~ 2 hoar I. For Demolition of Existing Building Areas CUT ~`~ //OUSE- ~eh~o~ . I~ RED S ~_ C Please describe azeas being removed: ~.S T ~~~~" 2 ~ 8 $~ ~y C ~Hlj %np .?mod FGoo~ ' 6 3 ¢S~~ ~7/R,E Flool II. New Construction Areas (New Dwelling or New Additions/Extensions): R«ons~w~ ~Sr~/oor Dimensions of first floor extension: ~ 11 1 q 3 2~ .S~ , `` ~On~~ 31- 4 x l u- G a ,~, Dimensions o~ne~ second ~ ~~ r q ~ „ J 3 Z~ .r~ (,vt~t/) floor: 3/,¢, sc .34-G -f- 3-G X ZQ~-4~ G Dimension3 ~fl~or ab ~~ second level: ~' /looyrre... Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? f ti/Q - Gr~// ~~ (J5C of -mss tGriq F~a.~~/afio-n w~~+ afkrc~.~',~,rl /few cp-rsf~vc~ro-n If yes, please provide eight (above ground) 41r~eu ftrucivr~ ih ctdtP~va.~r measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargemenUextension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Chazacteristics BEFORE Alterations: ~vo c5 ~_~ Number of Floors and Changes WITH Alterations: s~o-r_~ d~v~u.~,~, _ c.~ , r~ se~~~~ s~d~ (z~s s~,Fr) ~h c~-rw /~cltirt-ic~Y, tc~~ucw~~ ruK~ +m4 - nc-~J ~arkl.-~tCOr" Z,s'~a SqF/• T~/yLP IV. Calculations of building azeas and lot coverage (from surveyor): 600 u7r ~- t(8o syy x{80 sy.e;-) E~-~~rin¢ square footage of buildings on/your property: - (.~O ~ x ~°L rNVUxI •f- / d'I x X20 ,`l~C`) ~ ~''1'y" Zo ~:~~/ Proposed increase of building coverage: /ess 2, 9Ya Sr~+' Square footage of your lot: ,~ S / ~oJ. /~3 ;_ ~~y /,~„«, ,~ ,,, X 3 S'~,~~ Percentage of coverage of your lot by building azeas ~ ~ 5~ a~ y ~3 5g ~ .,. °a V. Purpose of New Construction Requested: /`'~ ~/aor /~°~or~s/~~iofrtal /~~woa'd d` ~' ~ N lrn4 ~ yu..~ dt-c~~d floor or/~l~lz~rn 10 .r~r~stu~ /~e-w~r (/srclw~ ~ _ ~ _ ~ r,. and /utu.~ ~'thfv/6/.~,cc~ h~ ~v~;~ ~~unda-how ~a-r ~~1zo VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): ~~ ~ . D~ - p~.~ /,,yQ r~~~, Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; I/2006 S /~ ~~ 3/z7 ~~` ~ ~` _ _ l ' d~/na~'>P f~o~~~ F~ -3/~6~~ CJ -L~'r LP~) OFFICE LOCATION: ~~OF SOUryo MAILING ADDRESS: ~ Town Hall Annex ,~O l~ P.O. Box 1179 vt ~ 54375 State Route 25 ~ ~ Southold, NY 11971 ~ (cor. Main Rd. & Youngs Ave.) ~i ~ Southold, NY G Q Telephone: 831 788.1938 ~~ J ~~ ~ ~ ~~ Faz: 831 786-3138 ~~yCnuuly N~ LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM ,~ q To: Gerard Goehringer, Chair ~' ~ ,-~7 O~PfJ-Tic~/~~~~ ~~ Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator ~ v ~ 2 6 Date: March 26, 2008 Re: ZBA file Ref. No. 6145 (Avdoulos) i~ ~~b'~M BOARD OF APPEALS The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed use is residential and therefore is not a "water dependent use". Due to the depth of the lot (435'), there is ability to site the residential structure further awav from the CEHA area to maximize the distance from the "hazard area" and minimize the potential of future structural loss. Avoid reconstruction of structures, other than structures that are part of a water- dependent use, damaged by 50% or more of their value in coastal hazard areas. The proposed use is residential and therefore is not a "water dependent use". __ (? !~~~ LIAR 2 6 2008 Move existing development and structures as far away from hazards as practical Maintaining exisfing development and stn may be warranted for: and erosion ~~atff ~QEALS a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintainine existing development" within this erosion hazard area. The distance from the proposed patio to the top of bluff line is 19 feet: the distance from the proposed house is 29.1 feet: a minimum separation distance of 100 feet is required pursuant to to Chanter S 280-116 A which states: (I) 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 beset back not fewer than 100 feet from the top of such bluff or bank. It is recommended that the Board amend the application to meet and/or further the above policy to the ¢reatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Poticv 5: Protect and Improve Water Ouatity in the Town of Southold: the followin¢ Best Manaeement Practices are recommended. 1. Increase the width of the non-turf buffer landward of the top of bluff to further protect the integrity of the bluff within the Coastal Erosion Hazard Area. 2. Minimize the area of non-pervious materials (walkways, decks) within and adjacent to the Coastal Erosion Hazard Area. 3. Require that the applicant submit a re-vegetation plan for the face of the bluff outlining species type, density and survivorship parameters. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in prepazing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney C P,a~a> ~ ~ ..~~~~0& ~~ ~~~°~`,~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 R~C~[~Ub[~~ MAR 2 8 ?C0~ ~iS~S` BOARD OF A_~' Margaret Rutkowski Betsy Perkins, Secretaries March 28, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Spyro Avdoulos, 54985 North Road, Greenport 1000-44-1-5 Appeal ~~~~ ~ Dear Chairman and Board members: In accordance with our discussion at the hearing, I am in receipt of the Local Waterfront Revitalization Program Coordinator's letter dated March 26, 2008 and ask you to incorporate the following into your decision. The property contains a bulkhead and jetty which presently provides protection from loss of life, loss of structure, flooding and erosion. The existing residence was constructed in the 60's with no evidence of loss. Joseph Fischetti, P.E. calculated that the slope of the bank is stable and is described as a 25g slope. The re-submission to the Board to allow the east wall to be reconstructed does not alter the findings made by the Board on August 16, 2007. The original plan was designed to maximize the distance to the Coastal Erosion Hazard line. Rather than renovate the existing structure in kind and in place with a second floor roof alteration, the house was cut at the nonconforming Coastal Erosion Line and the living space reconstructed on the existing foundation seven feet back. This plan was undertaken primarily to comply with the Coastal Erosion Hazard Law and policies of the LWRP. The LWRP coordinator fails to recognize that this plan removed an existing structure out of the Coastal Erosion Hazard Area therefore the basis for finding inconsistency under policy 4 is incorrect. The Local Waterfront Revitalization program does not usurp the zoning code and the variances which were granted. From the inception of this project the policies of the LWRP were implemented. The owner's efforts to make the existing dwelling "more consistent" with the LWRP is evidenced by the following actions taken by the applicant: 1. To further minimize disturbance to the seaward side of the house, the exiting foundation of the old house was converted to a patio. By converting the existing living area of the structure to a patio the new structure was reducing the nonconformity and the new structure was "more consistent" with the LWRP. 2. The existing sanitary system is being replaced with one which is now located more than 100 feet from the top of the bank. The construction and relocation of the new sanitary makes this application "more consistent" with the LWRP because it addresses policy 5 "protection of the water quality and supply of the Town" and policy 6 "protect and restore the quality and function of the Town of Southold's ecosystem". 3. The alterations to the dwelling required dry wells and gutters for all roof runoff making this application "more consistent" with the LWRP policies 4 (minimize loss of life, structures, and natural resources from flooding and erosion), 5 (protection of the water quality and supply of the Town) and 6 (protect and restore the quality and function of the Town of Southold's ecosystem). 4. In addition to installation of dry wells for roof runoff, alterations to the dwelling required a non turf buffer to further capture surface water runoff before running down the bank, this condition makes the project "more consistent" with the LWRP at policies 4 (minimize loss of life, structures, and natural resources from flooding and erosion), 5 (protection of the water quality and supply of the Town) and 6 (protect and restore the quality and function of the Town of Southold's ecosystem) . 5. The existing dwelling did not comply with the standards of the New York State Building Code. The construction of a new second floor and addition of the first floor required the remaining building, in particular the existing walls, to bring the entire house into conformity with the New York State Building Code. All existing insulation must be replaced with energy compliant insulation. The studs must be sized for the added insulation, the structural frame and existing foundation require hurricane strapping, and windows must comply with energy efficiency and wind strength. All these requirements mandated by the State of New York make the structure "more consistent" with the LWRP specifically policy 4 (loss of life) and policy 13 (promote appropriate use of energy resources). 6. The basis for the building inspector's stop work order was that our plan was .always to utilize the existing foundation. After the foundation was exposed, one wall on the east side was structurally inadequate. One cement block wall of the entire foundation requires reconstruction. To reconstruct the wall will cost the owner $5,000, a minimal cost to a $78,000 foundation. A structural element which must be addressed during construction which does not materially change the overall project is consistent with policy 4 "minimizing loss of human life". The construction plan of the project remains the same as the floor plans submitted to the Board in appeal #6060. The overall design of the house remains as was submitted into the record. At the time the Board granted the approval in August 2007 the LWRP was in place, policies were addressed and mitigation implemented to make the proposed dwelling "more consistent". The testimony at the hearing from the engineer is conclusive and un-refuted that the property is stable with vegetation, a bulkhead which armors the toe of the slope and a jetty. The LWRP coordinator's policy recommendation that the structure could be moved back completely disregards the impact of such an action: only one foundation wall on a significant structurally sound foundation required corrective action; the project is based on plans which were subjected to fifteen months of regulatory review under local, state and county regulations; architectural drawings were prepared with the use of the existing foundation and specific location of the building (the lot dimensions become narrower towards the road); a building permit was obtained and relied on with multiple contractors hired and materials purchased from the suppliers. All activity would be suspended until a new project was approved. The LWRP report fails to address the economic consequences of his recommendation in the midst of an economic recession. We ask you to find that the project, as proposed, was made "more consistent" by virtue of the above mitigation measures taken to conform to the policies of the LWRP. Very-trn3-}~ yours, -"~1~~~ ~"~atricia C. Moore PCM/mr G,3f~Cc~~N7~D LWRP CONSISTENCY ASSESSMENT FORM MAR 7 „~ .; A. INSTRUCTIONS ~(~, / nnotZn c~F APPEALS All applicants for permits* including Town of Southold agencies, sha"~"'n7P're +>,' rr 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 Maiu Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board _ Planning Dept._ Building Dept. _ Board of Trustees X Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance /Wetland Permit Nature and extent of action: Permits previously issued: allowed cut off portion of house which was located in CEHA New second floor new first floor because waterfront wall and landward wall demolished due to new wall back away from CEHLine. East wall of existing foundation is defective, no footing found under east side of foundation wall. Proposed construction is within 100 feet of "top of bluff', existing foundation to remain and approved convertingpart of existing foundation as patio. Existing foundation is at 19 feet (at the closest point) from the top of the bluff therefore a variance was obtained. All structures are outside the Coastal Erosion Area. A defective foundation wall must be realaced or modified ,which exceeds the scope of the original permit. Location of action: 54985 North Road, Greenport Site acreage: 28,149 sq.ft. Present land use: existing first floor of residence to be reconstructed and east foundation wall modified Present zoning classification: rr=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, holders and a rock jetty adjacent to Long Island Sound. The proposed alterations to the foundation is landward of the CEHA Stabilization of disturbed areas will be achieved with appropriate vegetation, no disturbance is proposed to existing natural vegetation or natural topography north of the line labeled "top of bluff' on surveK Remediation to existing foundation is required. Policy 2. Protect and preserve historic and azchaeological 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 Programl 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, structares, 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. Drvwells and gutters are proposed to direct all roof runoff into onsite recharge. Groundwater protection implemented through properly engineered sanitary system which requires that the bottom of the leaching pools be located a minimum of 2 feet above seasonal high eroundwater. Along Long Island Sound sanitary systems and construction activities are in excess of 100 feet from the tidal waters. The Trustees requested that the sanitar~vstem be located a minimum of 100 feet ffrom the bluff which resulted in a loss of an existinggarage. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Efficient heating and sirconditioning 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 aroaosed 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 arivate ownershiQ WORHING 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 arouerty on establish lot will not adversely impact Long Island Sound coastline. Policy 11. Promote sustainable use of living mazine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity is minimized by retaining foundation along the north side. The replacement of the east foundation wall is necessary (in kind in place) to meet structural requirements. Storm water discharge and pollution control measures are critical components of protection of living marine resources. 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 Lon¢ 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 aredominantly 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 moo. ~~. cvoo io.4u rnn oat !oa 4U43 ~IUUIiE LAW UNFICES -~ ZBA 002 QUESTIONNAIRE FOR FILING WITH YOUR Z,B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ^ Yes ~1Vo B. Are there any proposals to change or alter land contours? b Yes jl~No C. 1) Are there any azeas that contain wctland grasses? ~o ~ ~a,v,a ,~yr~ 2) Are the wetland areas shown on the map submitted with this pplication7 N/.4 3) Is the property bulkheaded between the wetlands area and they~and building area? 4) h`your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdic~tison~?[~t~VeS Please confum status of your inquiry qr application with the Trustees: _ f ' U D. Is there a depression or slopin elevation near the area of proposed construction at or below five feet above mean sea level? r o,,,td ~ ~,. E. Are there any.patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? tJo (Please show area of these structure's on a diagram if any exist. Qr state "none" on the above line, if applicable.) F. Do you have any construcfion taking place at this 6me concerning your premises? /ps If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: ~ ~,~ ~„~.,,,(~„ ~j~~ ,~ ~~~M ~ Gt~P.e-K FavndaY*~t ~uaee ~r~vi,zd yreaxo9`~ ~~fro-n . 'S~~'2 G. Do you or any co-owner also own other land close to this parcel? Ko 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 _ ~X ~b+,mr-~ ~a~ieiLaM.en and proposed use /~sl3uo~cto+u a- Ad~,w~-toyrs }D P~c,s~{~e mpl ~ existing: single-family, proposed: same with garagr.) reS~~eM.e4, Z~~}~ .P ~6/oP zed Signature and Date 2/os r, PROJECT ID NUMBER . 617.20 • APPENDIX C STATE ENVIRONMENTAL QUALITY RE SHORT ENVIRONMENTAL ASSESSME PART 1 -PROJECT INFORMATION for UNLISTED ACTIONS Only (To be completed by Applicant or Project Sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME S~~ro ~9-ya'ov/o s ~Pev sz ~/~'c LOCATION: Sy~~s /1lDr1~) s cvv - T FORM - ~~~~/~~ ~~ OF APPEA " ` ~ County CJ)~~G~ 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map 5tf9t~S N,~rth Woad, 6m_~o-r~- /bOD - /~[/-- D/ - d ~ 5. IS PROPOSED ACTION : ~ New ®Expansion ~ Motlification /alteration 6. DESCRIBE PROJECT BRIEFLY: ~ayrn ave sfN.~cfCJre Wi f(~c-vn C ~ l`/'-~{ ' l~'>AQ In ~U~clct ~zar> >`o rn,nirnize d~stuil~a~rrci reno(/a1c / aT.{-i'oor~ ~x~arnd 2nd ~%ovr, Add ~tctrn ~ / acid tutu-d s~ ooe U~ .sic is /`rin fc Gj o U SP 7. AMOUNT OF LAND AFFECTED: Initlaity i ~ acres Ultlmatety ~•~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ®Yes ^ No tl no, desviba briefly: 9. WHAT IS PRESENT LANG USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ~ Industrial ~ Commercial ^Agdculture ~ park /Forest / O en S ace P P Other (describe) 10. DOES ACTION AGENCY (Federal, INVOLVE A PERMIT APPROVAL, OR FUNDING, State or Locaq NOW OR ULTIMATELY FROM ANY OTHER Yes ~ No If yes, list agency name and permit /approval: GOVERNMENTAL ~ j.. o s ® G /,~ r ~ ~C - Na J 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ©NO If yes, list agency name and permit /approval: A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REpUIRE MODIFICATION? ® No I CERTIFY THAT E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Spo ame h Signatu _ Date: rlS~ j If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed b Lead Agenc ) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? I(yes, coordinate the review process and use the FULL EAF. Yes ~ No ~ B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? It No, a negative declaration may be supersetled by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, tlrainage or flooding problems? Explain bdefiy: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neiahborhnnd rner~~ron c,,....:_ ~__.,... C3. Vegetahon or fauna, fish, shellfish or C4. use C6. Growth, subsequent development, or C6. Long term, short term, cumulative, or C7. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes, explain bdefiy: Yes ~ No ( E. IS THERE, OR IS TH Yes ~ No PART III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determinewhether it is substantial,large,important or otherwise significant. Each effect shoultl be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large orsignificantadverseimpacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have tletermfnetl, basetl on the Information and analysis above and any supporting tlocumentation, That the proposed actin WILL NOT result in any significant atlverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thl determination. Name of Lead Agency not or Type ame o esponsl a Icer m ead gency Title of Responsible Officer Signature o Responsib a fficer in ead Agency ignature of Preparer (I tlifferent from responsible o cer) °"~~ • Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 =~o~g~fFOL~-~~ w T O ~ ~~ yyol ~ Sao http://southoldtown. noRhfork. net BOARD OF APPEALS TOWN OF SOUTHOLD • USPS Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1509 Fax (631) 765-9064 April 16, 2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA #6145 - Spyro Avdoulos Variance application Dear Msre: Transmitted for your records is a copy of the Board's April 10, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Linda Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER y~o~~pF SO(/T~o~ T • ~O OI~C~UIY ~ ~,~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Boazd of Appeals FROM: Elizabeth A. Neville DATED: March 10, 2008 RE: Zoning Appeal No. 6145 ~~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Transmitted herewith is Zoning Appeals No. 6145 of Sayro Avdoulos- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval, letter from Patricia C. Moore describing the situation, Stop Work Order, Authorization letter from Spyro Avdoulos to Patricia Moore to represent him in this matter, Applicant's Project Description, (2) Property Record Card, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Letter from Suffolk County Soil and Water Conservation District, Picture of Former House, Five Pictures of Existing Condition of House and Foundation, Survey from Nathan Taft Corwin III, (2) Drawings from Chomo Assoc. Architects, Architectural Plans from Chorno Associates for Proposed Reconstruction and Alterations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/ 7 /08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6145 Avdoulos, Spyro 6854 $400.00 RECEIVED ~~ ~ ~ Southold Town C $400.00 By Thank you. P rte, ~s~. ABSOLUTE P•O.Box 446 IMPROVI;M.I:NT 66.46 3 6111948 631.767.0350 Estimate For: Spyro Avdoulos 54985 North Rd. Southold, N.Y. 1 1971 Home Imurovement Estimate Demolition and Foundation Estimate 6k~ cjPCy~ncl and Removal and disposal of all remaining structure t„~ u, Rebuild all new foundation according to plans Cti, mnu-j ~,.., u <,,:~c~<:r f~:anclnFibn Total Investment: $78,400.00 E*«"~' " rte. Kr a: f'DCrti,~i + ~; ICYi W~.1~v~r~ +74~~ Altcrnatc Solution ~~~~~+~c.-. Retain all existing structure Replace I east side foundation wall Totallnvestment: $5,200.00 Estimate expiry on 5/01/08 Approved 1'd F69bS9L ~Ol ~WD21d d6i~20 8002-LT-21t:1W TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND The Town of Southold's Code of Ethics prohibits conflicts of interes qtr officers and employees. The purpose of this form is to provide info ~~{{ Town of possible conflicts of interest and allow it to take whatever action same. 5 /J / j%o ~1 1/(~ c7 V 1a S and Patricia C. Moore Esq. ~ ~~~b~~o ~ 5~5 x,1.5 R part of Town (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 Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 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, pazent, 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 anon-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 Submitted this ~/ day of // ~ ~og 3/°/ Signature: ~.~ Print Name: ~y~yp ~'t/Gf'oc//ct3 Signatu Print Name: Patricia C. Moore Esa. Office Location: 0 USPS Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 h~o~OgUFFO(~-cOG o y< y Z owl '~' ~~~~ http://southoldtown. northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MARCH 27. 2008: 12:30 P.M. SPYRO AVDOULOS #6145. (1) This is an Appeal of the February 29, 2008 Stop Work Order issued under Section 144-13 of the Town Code, which Order states that recent construction work has gone beyond the scope of permit, and (2) an Appeal requesting a Variance under Section 280-116A, based on the Building Inspector's amended March 6, 2008 Notice of Disapproval and applicant's request to amend Building Permit #33677 for dwelling reconstruction (additions and alterations) and replacement of easterly foundation. The Building Inspector states that the demolition and reconstruct at this nonconforming 28,149 square foot parcel in the R-40 District is not permitted under Section 280-116A(1), for the reason that all buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank (adjacent to the Long Island Sound). The building Inspector also states a variance was issued under ZBA #6060 for alterations and additions to a single-family dwelling, following this, and that applicant intends to reconstruct the dwelling and replace the easterly foundation wall. Location of Property: 54985 C.R. 48 (a/k/a North Road), Greenport; CTM 1000-44-1-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Tow n. S outhold. ny. u s. Dated: March 7, 2005. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s), successively, commencing on the 20f" day of March. 2008: J ~ ~ , Principal Clerk Sworn to before me this ~~ day of~(1~-r D =2008 --- tbacknomonfomance wren located -buildiagwpropoud at kss Wan five (5) ~le sthan50 feet SOT the Gouty dNS, 'feetfmm Ne droperty live end withalol t90 Sledi Roetl CUfchagur CPM eragewh,chexceWithecodelimim- K --- --~ LEGAL NOTICE ~ ~ ~ 109-44.1. i , /I~ .' tine of 20% (existing 2) 43% lot rover I ~ z/ SOUTHOLD TOWN ZONING BOARD OF APPEALg 11:15 A.M. r~E a^d JOHN' CO~!A #6144. Request for Vari-. 9 ~ UV f age). Location of 14aperty: 145 King ~YI. W ~ ~~W` Svee4 Drient: Cl'M 1000-126-1-L3. THURSDAY, MARCH 2], Zg18 PUBLIC HEARINGS awes under Section 280-12A, based on the Building Inspector's Notice o[ Die- 12:30 P.M. CPYRO AVDOIII OS #6145. (1) This u av Appeal of the Feb- CHRISTINA VOLINSKI ypRK TF OF NEW is d NOTICE i5 HEREBY GIVEN, par- 26]oDhe"Ibwn Law avd S ti approval cov<errdng propoudadtlitiov avd alterations to the exisrwg nngle- sue nary 29, 2008 Slop Work Order I pUOLIC.STA under Sermon 149-13 or the Tbwe Code, l O ec on wntto Chaplet 280 (Zoning), Code of the Town h bli fvmily dwelling, which vew cans[ruction a setback at less then the lt i ill wbf<n oraer.ra~ea Narrecem rdnawr- iQNI'a COUn9y '^SU IO k Lion work has gone beyond the snipe of 2 ear- c of Sowhold, the following pu logs will be held by the SOUTHOLD resu n w code-requhed 35 feel from the front 2g 101 pumfq and (2) an ApP280-116ASbaud nTIWRP g%PGea HBtuP1Y TOWN ZONING BOARD OF AP- PEALS at the Town Hall. 53095 Main Road, P.O. Box 11]9, Southold, New York 119]1-0959, on THI RSDAV a"ARCH 2] 21103' 9:30 A.M. HRICTOPHFR and r nA FTH ORACFCK p61J5. Re~ queer for Variances uvder Sections 286H6 aed280-024, baud ov the Build- ed Notice of Disapproval concemmg a singla~femily dwelling (after demo- lition of [he existing dwelling) for the s char [he vew eonsttucuon will bes(a) less lhau 25 feet on a tingle side yard, avd (b) loss than 25 feet [or mml side yard utbacks, avtl (c) less than the coderequhed iql feet (rem Ne bank or bluff landward of Ne shore or beach of the Long inland Sound. Loaation of Property 1910 Leetan Drive, Southold; CJM 58-242. Y:40 A.M. rcC FCO R FC by James Ziui, Presidem #613]. Aegaest fora Variance under Section 28015, based on the Building inspeuor's Feb- uary 11, 2008 Notice of Disapproval ving an as-built accessory swim ming pool simeted in a ssde yard mlher than the code-required rear yazd, ai 3190 Haywatus ROed, CUtchogua'. CI'M 111-11-13. 9:SSA M.P CHFRYLRA- QI]$Ap6138.RequestforVarie ri- der Sections 280-15 avd 280.11fi~based on the Building Inzpuloi s Fehmary 11, 2008 Notice o[ Disapproval concemivg a seJ a ory swimn ing pool and peopo cress s d tamce mmcmres ar less than 100 fat Gom Ne lop d Ne bluff, and side yard location [or the swi nming pool rather than acode-required vard, at 16IX1 Hvau Rced SouOOld; CTM 50-1-6. 10:10 A.M. F NK ' d ANTOl- NF~Fl'P_ NOTARO p6136. Request for a Varian uvder Seatlon 28615. based On the BUllaing lnspecmhlavunry 22,2008 Notice of Disnpprwnl co ving the proposed lueadon of a vwlmming pool at the side o[ deck with hat rob addhlon and partly in the Bride-permiunU rear va d. Locative of Pmperry~. fi26 Calves MFI A FRFRKINO #fi141. 'Ibis m a rcquesl for a Special Exception mtder SouNOld Town Zoning Code Artidc Iq Sediov ZA0.13B(l4), subsections a-d. The AnolicantlOwner proposes a resider«, incidenml to their occupancy single family dwelling use, with up [o three guest bedrooms for lodging and (10) ca ual, nansient roomere. Loranoa o[ Ropuly-235 Liles Leue, Culchvgue Lot 11] on the Map of Nassau Farms 280-124, based on [he Burlamg roc's November 19, 200] NoUCa approval concerning propoed demohGov of av existing dwele .,.,.,,,..~.,e „ew eomttudinn for yard lot Brie avdincrease m lo[ coverage reeding the code limitation of 20%, at 55405 County Road 48 (elkla North Road), Somhald; Cl'M 44-1-I1. 11:30 A.M: D VIP FISHER #fi126. Request for Variances uvder Su[ioe 280-124, based on [h'e Building [vspec- wr's Notice of Disapproval wnxrning proposed adtlitiona to the existing single" will De less Nan 35 feet Gom the rear yard lot brie, less than 35 feet from the from yard rot r Bona wiN rot coverage s of Ne code maximum hmim- tionxo[ 20%, at 2165 Old lhchartl Roed, East Marion; CIM 3]-341. I1:SOA M. 1 PO[1TFSVadK[V- 7yFE)3RQ#6129.LOCation of Property: 300 Jackson Sveet, New Suffolk; CTM Il}10-2. The Applicants propose reno- vaaemtanerabona, adNtlnva and ex for and then the code-requhea minvnum or u feet on a single side yard, and lus then ]5 feet from the bWkhead or reminivg woe, adjacent ro the shoreline of Wale Geek. Location of Property: 2935 Pine Tree Road, CLmhogue; CIM 104-3-8. 11:00 A.M KARFN MAl?AF. FBH4 (formerly Kerev Miller) #61J4. Request for a Varlmce undo Section 280-14, baud on Ne Building ]vspec+ tot's December 1], 200] Notice of D'u- epproval wncerning eproposed lot (#1) proposed wiN a lot width al less then the code-requved 1 W feet in this pend- ing three-lot Minor Subdivision, locamtl at 1450 Horton Lane, Somhold; CFM 63-1-17; Zove District R40 Low-Dwsb ty Residential. 11:05 A.M. THOMAC anJ PAII- TTF I CP #6143. Request for a Variance du Section 280122, based on the Building Inspecor's January 18, 2008 Notice or Disapproval and ZBA Code Imeryremfiov k5039 (Walt) aov- ming propoed additions and altcra- Gons to an axis( g siegle~family dwell- ing mainmiving the exisCmg Gom yard setback, for Ne re n that the n covswmion will. ivmease the degree of Variance under gechon v the euedwg Inspecor's amended March 6; 2000 Notice of Disapproval endapphcavfs request to amend Buiid- ing.Perrdit #33fiT! for dwelling recan- sm<dov (eddrtiovs aedalkra[o,xi) and replacement of easterly fouddatiov.The Belding Inspector sates Nat the de- mol`F~n andA 149 saua<re EOO[ Oar¢el in the R-00 Disrnd rs rim pummeo unmr Sutton 280.116A(1), fogthe aason Nal all buildings or s[mctures Iwated o Iota ae7a<ent to seends aria dpon whirr there exists a blvH or bank IandwaN of the shore or beach shallbe set hack not hover than 100 feet Sum the nip of the bluff or bank (adjacent to [he Lovg Is~ land Sound).The budding Inspector elm smtes a vmmvice was Issued under ZBA #6060 for aheratiovs and additions to a tc remnswu the [he easmdy fouo- The Board of Appeah will hear all pemons, or [he'v repreuvtadves, desG- mg ro be heard a[ each heerNg, andlor desiring m submit written statements bePore the conclusion of each hearing. Each hearing will not staff earlier than designated above. Hies are available for 'ew during regolerbusiness hoots and prior to the day of the hearing I[ you have quesuony please do vat hesimrc m conrem our of[ce et (631) ]fi5-1809, or by email: -mod Knwalsk'CTOwn GERARD 543]5 h 53095 Southuld,N ~S4-0T3/JA __.____o story accessory betlding al a height ex- ceedwg lBfeet m [he top ofthe ridge,af- ierremoval of a bueding,and which new .~, ~a~ a ~ G/ y ~f ~ TC~VUN ~. OF SOUTHOLD PROPERTY rzOWNER. STREET ~~ VILLAGE DIST. SUB. LOT ~ r ~ ~~ ~loUloS ; ~- `~ ~~ `-~.>~~~~ ~.~ ~ fir. ~ l ~ -~ FOR ER OWNER _ __ N E ~E ACR. ~~ ,aE is .^,. ` f S W TYPE OF Bl~2DING ' ! cr ~ /1/~SS~r~ ,f~ld ~ ~ , i.ES. ~ ,/~, I SEAS. VL. FARM COMM. CB. MISC. Mkt. Value ~ W r D IMP, TOTAL DATE REMARKS ~ ~ ~s f (J 41 lp a i i bn l9- F.~, // ( ~ 1 ~ 3 ~ ~ ~ j ~ a a 9 dsl ' va F ale ~a _~~_a-Y`~t-. l yl~~`1 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE , FARM Acre Value Per Value Acre 'ill 1 'illable 2 'illable 3 Voodland wamplond ~ FRONTAGE ON WATER ,: '70 ' „~;;. / ~% ; . 6 _ rushlond FRONTAGE ON ROAD ~~~ ~ louse Plot DEPTH ,~ y~-~ ' BULKHEAD 'otal DOCK COLOR Ly~r~ TRIM _. y~~~~~f. I :...... i. _. ... ., .s:.:~~. ... ........ .. ~ i i v ~ ~"~ ~ ~ l ,ry oundation I~ .--- ;tension ~ ~ X/ U s 9 a ~ f S-•v ~~~-.f~Bosement -- t@gsion I ~ ~; Ext. Wolfs 'a rtl: k r ;L'~1 ~a~a~ . ~ j' p"~ t ~ ~" arch / .? ~Y// //O ~,. eezeway irage ~~ .~ e __ _ 1.7 ~>~_? do B. >tol .. ~ - ,. ~ ire ace 9 rc% ~~tt ~ ~ ~ ' f~tr~1 ~.IfTYPe Roof ~'>~ ~-.h/~r. I ~~ g-:- f~Recreation Room i Dormer ~~2• f' ~' n t~- ~ {Driveway ~~ , ~~ ~ i ~; •, r i Bath ~,_ Dinette Floors ~; ~$ ~~.^ K. Interior Finish ~ . /~ ~.%'~. LR. Heat / l ~ c`; r i D R. Rooms 1st Floor BR. Rooms 2nd Floor FIN. B. a 3 e ~ .`' ~ S N f N o I ~ 0 o ~a ;m ~o =a . A d O S ~ a ~ a- N i 3 U1 ,m N i N S ~ N ?m °m ~m ~ cn 3~ N ~ _. - TOW ' .. .,. ~ ~~ 3 STR ,,,i/ LOT ~ l.S~Yd~,l / ~ OWNER J n -f j ' z n ~.k!-~..~ ~~' c FORMER OWNER N <. ~ " h:;: ~ ~ , S ~„ ~x ~1(NG / / ~ ~ c . ~~Yl +~ _ RES. I SEAS. VL. FARM a r; LAND IMP. TOTAL DATE 1~ ~ F '~ ;~-~` i.e'~ '~~~ -^ %i ~ ~'~ .~. a 1 ~~`~~JJ is ~ C ~ ~ Jd ~ p~ C ` ' t - ~''UC ~ S~~ C a „S'3 Y nw: _ c T - '. ru. i r, x _~ _ ~ AGE BUILDING CONDITION ~~ ~ ~''`~'~< u NEW ~ NORMAL ~ BELOW ABOVE FARM Acre ~ Value Per Value i Acre -- .Tillable 1 ~ ----------- ~ a v.J ~ _ 3 ~ 3 ~ 1 L D ~ ' Tillable 2 o Tillable 3 / 3 r ` 4m a Ji =9 ~-~~ i, ~~ 7 ~ o Woodland i '`f I FRONTAGE ON WATER / Swampland - ~ ~ Brushland ;FRONTAGE ON ROAD (. ~ _ _ House Plot DEPTH //[[ - ~_ +-- jeULKHEAD z i Total .o ,. ' DOCK - - c i _/-~ ~`f-~-`f -~ J R ~. ~ ~~~ t p.,~s .6~ ~sa,~d,~.-JZd l~ ~Gi~fs~Q~a~.~~ . , . Y~VI~~ V L7® I~AR l 32008 BOARD OF APPEALS P. ~~~ ~~~G~-pMG~-D MAO 1 3~ Z BOARD OF APPEAL 1 -~. ~. >:~: ~~ `` z ` .,, `i: k K~.. t: ~ -.. --~ .> ~_ F - ,.~ .~ , ~~ ~l, ..... ., . ~~ p~ . ~~t (~ S i3-~_ 1 ~ "~ .k .g. -.r t ~~~ 's :u-.~„ v~ :" ~ tie.:. ,. vVC. U .~^ ~ _ :`i~;~ wf^+ ;~ r" Ian, { ~ ~: 1 ~ `' ~ I~AR 1 32048 _ - ~~~- BOARD OF APPEALS `j ~~C~~CM~D LIAR 1 3 2008 BOARD OF APPEALS ~ ~~~~M~D MAR 1 3 2008 BOARD OF APPEALS MAR 1 3 2008 BOARD OF APPEALS ~ ~6 ~~ 2 ~ ~ 2 ~~.s~~ l~GGV ~;~ ~Cv~ ~~ BOARD DF A rr Y ~~~s-~ u~ c~~ ~~, Koine ~ ~s~.~ ~.~~ < / ~.y ~Q~X1~^l ~n N er,% e ~a WU- fv c \S~ ti 1 ~~hc~ L~ ~ 5 i ~ ~v cc'P~a.A ~~, ~~~o~ ~;u ~~ i~ot~~ IF! //^^ ~~Y~ ~~ BOARQ OF APPEALS • ~~ 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 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On th~a day of March, 2008, I 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. Sworn to before me this ~3T ~ day of March, 2008. ~a a~~~~~~~~~ (N ary Pub~l~'&~ r~~.iricowsKt Notary .. ;r,,. a Nevv York pn., ,,388a~ta Qualiil2d u. 5uff~lk County Cgmmission Expires June 3, ~'Q ~~ PLEASE list, on the back of this Affidavit or on a sheet of paper. the owner names and addresses for which notices were mailed. the lot numbers next to Thank you. RECEIPT (- 7192 6463 31100000 0454 ~ RECEIPT FROM: 7192 6463 31100000 0447 Palrbia C. Moore Esq. RE'. AVDOULOS ZBA HEARING ~ FROM: I palricia C. Moore Esq. OULOS ZBP HEARING RE'. AVD SEND TO: FEHIM 8 SEVGI UVANIK 55055 NORTH ROAD SEND TO: SOUTHOLD NV 11971 'I FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NV 11971 FEES: Postage 041 cerwba Fee zss FEES 041 Retum?erdpt 2.1s z6s Rea ~ c~ tiesvvlea _ ' ~ ' Fea 1 I, Return Receipt 2.15 $ 5.21 jSTfAL ~.' ; Resvvaetl `~ POSTMARK OR-DATE TOTAL $ 521 ~ II POSTMARK OR DATE i , C . . i RECEIPT 7192 6453 31100000 0401 FROM: ~ RECEIPT Palrkie C. Moore Esq. RE: AVDOULOS ZBA HEARING i 71926463311000000577 I FROM: I Palricie C. Moore Esq. ''~ RE: avtloubs rte Gearing SEND TO: I ZAKARIVAGUNU6EN i MARL H. GUNUSEN t I 325 STONY SHORE DRIVE SEND TO: SOUTHOLD NV 11971 i HARUTVUNBNUNIK KUZUKO~ 480 PARK AVENUE FEES: MANHASSET NV 11030 Postage 041 I CertMietl Fee Z65 Return Receipt 2.15 FEES: Reatrictad ~ Postage 0.41 TOTAL $ 5.21 Certgie0 Fee 2b5 I Return Receipt 2.15 POSTMARK OROATE i Reemaee ' TOTAL ,.; 7 r'1 )' .~ 5.21 I p(~TMARK p~T,E ~.~~ i _ , - ~ ...._ ._ i ~ 1 '1~ i ~i' :'~ , PATRICIA C• MOORE ESQ• 51020 MAIN ROAD '~ SOUTHOLD NY 11971 of i ]I e ~I A. Signature: (Add essee or Agent) y ~"-~ O A u I e. Received~t : (Plea a P(i~nt earrj' ,~ ;z 9. Date of Delivery Addressee's Address .... I cuy'.° ........................ stale nP. a coee 1 L. u_i PATRICIA C• MOORE ESQ• 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? A Service Type T (Extra Feel ~ Yes CERTIFIED 2 Article Number 7192 6463 311 000 0447 IIIIIIIIIIIIIIIIIIIIIIII 7192 6463 3110 IIIIII k- IIIIIIII _ II I - - - - - a Article Adtlrassetl To: W .~ ° a a~ .d FEHIM 8 SEVGI UYANIK';v ~ ° ~ ° ° 55055 NORTH ROAD Iz W ° ° SOUTHOLD NY 11971 m U ~ o ,; ,a o i N m O d m a > r .o la m ^ ~ s ~ rn ^ a _ E Rl LL ~ 4. Restricted Delivery 3. m o y M1 -g y (Extra Fee) ~ Yes m e x r W ~ ~ m m ` ~ ~ o a 2 Article Number M1 G m 7192 6463 311 u r a A.Signature: (OAr(dresseeo ^Agenf) ~ IIII~IIIIIIIIIIIIIIIIIIIIIII ~ ~ • PI ase Print Clearly) B. Receiv B : 1 ~ - ca •7192 6463 3110 01 m ,_ ~- ,. W G. Date of Delivery - i -1, ArtlEle Atld reseed To: ~ N . ~ m U o a e" m `c m.Atldressee'sAddresslnom«.mFmmadeAe,u,.eeys.ee.p o a a FEHIM 8 SEVGI UYANIK ~ °~''~ . m m _ m 55055 NORTH ROAD ; z = ° ~ , ~ SOUTHOLD NY 11971 ~+ n Q a _ _ .................... ..............._......_.......... ~SeconC:ry REEren I Suile I Apt. I Flaor (Plwae Ptlnl Clwtly) a a a H S J V O ..D:iivery ~eddnF: ..............._........._........_......._........._ rtox K rtl F m v i f-o ~ ,~ Q r9 0 ~. -__.....----------..... ..... .. cur sale zIP. (ceea a rn rn ._ m , m m ~ ¢ ~ oli 1 ..~i - ~' :~-LMT r _ tee... um _ .I_ - - 4. Restricted Delivery? 3. Service Type .. I PATRICIA C• MOORE ESQ• I `I a 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED ~~ SOUTHOLD NY 11971 o 2. Article Number f ~I 7192 6463 3110 0000 U577 ~ • Sign ure. dressee or OAgent) I II I I I ~I v (I II I I II I I I II I II II I I II I III I ( I II I IL B. Received y: (PI a e Clearly) 7192 6463 3110 OOU~ 0577 ~ nl ,.. ,. C. Date of Delivdly '. 1. Article Atltlressetl To: E m I o.Addressee's Address (nolmnMFmmaad~.,eu=weys.ee.n HARUTYUN 8 NUNIK KUZUKOGLU 48U PARK AVENUE ;~ MANHASSET NY 11030 I ""'"'"""'""'"~~"~"~"'~~~'c:~ii. i Am I Fleer /Plwse Pnnl CIee11Yl e~~~~r. ea~.•e• I State ZIP . 4 Cafe 1 s 0 w H la ra z r W 2 W P' N W K 14 ~HOrl z 7 = ~ z h Y VI ~ z ~a s a z a } O J M 2 F O K rn 2 6 H F Y ~' ul ~ 6 Q N O N C m Vl i S e ti AVDOULOS NEIGHBOR LIST SCTM: 1000-44-1-5 FEHIM 8 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 MART H. GUNUSEN 325 STONY SHORE DRIVE SOUTHOLD NY 11971 SCTM: 1000-52-3-24 HARUTYUN 8~ NUNIK KUZUKOGLU 480 PARK AVENUE MANHASSET NY 11030 SCTM: 1000-52-3-23 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X In the Matter of the Application of SPYRO AVDOULOS Regarding Posting of Sign Upon Applicant's Land Identified as 1000-44-1-5 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING ~~i ~ 5 I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 18`", March, 2008, I 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, March 27, 2008 ~> Pat ' is C. Moore Sworn to before me this day of March, 2008. BE>'SYA PEflNINB McYiy PuhIN;, 9mle d NsYpy Ne. 01 PE 8130838 OfualMetl M 9u8oIN CprtBY~y~ ~~ Egwr Juy t~Q *near the entrance or driveway entrance of the property, as the area most visible to passersby. G3~~~~G`~JCSD ,'` ;/ Lv/~5 BOARD O~ APPEP'L5 Spyro Avdoulos December 13, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Spyro Avdoulos, as owner of premises J~`~9 ~'3-/1/or~r/~itrc/ (1000-44-I-5) (yr~p~,porf- hereby authorize you to make any and all applications to the Town of Southold Zoning Boazd of 11 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 SPYRO AVDOULOS J iTown Of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 03110/08 Transaction(s): Application Fees • Receipt#: 13159 Reference Subtotal 6145 $400.00 Check#: 6854 Total Paid: $400.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal lo: 6145 ~~~ ~ ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT ~ \'/ \ ~f( SOUTHOLD N.Y. '~,` NOTICE OF DISAPPROVAL Date: May 9, 2007 Amended: June13, 2007 Amended: March 6, 2008 To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold, NY 11971 Please take notice that your proposed amendment dated Mazch 6, 2008 For permit #33677 amending the plan to reconstruct & replace easterly foundation wall at Location of property 54985 North Road, Greenport, NY County Tax Map No. 1000- Section 44 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance, decision #6060, for alterations 8c additions to a single family. dvueJ,ing allowing,a 23.2' setback from the top of the bluff. Following tliis,~amendment, the applicant intends to reconstruct the dwelling, with Pr6~ c5 C° replacement of the east foundation wall. Therefore the demolition 8c reconstruction at this nonconforming 28,149 sq. ft. parcel in the R40 district, is not permitted pursuant to Article XXIII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank." ~~~w~. ~ Authorized Signature Note: The existing garage has a permit for demolition & construction of a new accessory gazage. ,~ ~~~~D 1 1 ~-P~~. ~~- rn~,c~~~ ~ 2 3 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 4 COUNTY OF SUFFOLK: STATE OF NEW YORK 5 ------------------------------------------X 6 TOWN OF SOUTHOLD 7 8 ZONING BOARD OF APPEALS 9 ------------------------------------------X 10 Southold Town Hall Southold, New York 11 12 August 2, 2007 13 9:30 a.m. 14 15 Board Members Present: 16 17 JAMES DINIZIO, JR. - Chairman/Member 18 GERARD P. GOEHRINGER - Member 19 RUTH D. OLIVA - Member 20 MICHAEL A. SIMON - Member 21 LESLIE KANES WEISMAN - Member 22 LINDA KOWALSKI - Board Assistant 23 KIERAN CORCORAN - Assistant Town Attorney (11:10-1:50 29 p.m.) 25 • ~ 62 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 CHAIRMAN DINIZIO: Do you have anything else to add? 3 MS. DWYER: No. CHAIRMAN DINIZIO: I'll just ask if anyone in 4 the audience has any comments for or against this application? Hearing none, I'll entertain a motion 5 to close this hearing to August 16th. BOARD MEMBER OLIVA: So moved. 6 BOARD MEMBER WEISMAN: Second. CHAIRMAN DINIZIO: Motion made and seconded. 7 All those in favor. (See minutes for resolution.) Hearing #6060 - Avdoulos. 9 CHAIRMAN DINIZIO: Our next .application is Spyro Avdoulos and that's going to be Michael. 10 Hold on, that's Jerry's. Sorry. BOARD MEMBER GOEHRINGER: "Request for 11 Variance under Section 260-116A, based on the Building Inspector's amended June 13, 2007 Notice 12 of Disapproval concerning proposed additions and alterations to the existing single-family dwelling 13 with a setback at less than the code-required 100 feet from the top of the bank or bluff adjacent to 14 the Long Island Sound, at 54985 Noith Road, Greenport; CTM 49-1-5 " 15 . CHAIRMAN DINIZIO: Okay. Pat? MS. MOORE: Mr. Avdoulos has a two-story 16 house there. The house has a full basement and when we started this project, the first thing 17 Angel Tourno (phonetic) is the architect. The first thing that he did was to check with the 18 Trustees and say would you, when we're designing this, would you prefer that we address the portion 19 of the house that is in the coastal erosion hazard 20 area? So the first step in this process was to eliminate the corners, the triangular portions of the house that went beyond the coastal erosion 21 line. So in order to do that, it was taking an existing house with an existing foundation and not 22 demolishing the foundation, not doing anything to the foundation but taking the portion of the 23 house, the first floor and cutting off those portions that are encroaching in the coastal 24 erosion hazard area. This particular house 25 appears to have been built sometime in the '60's. I see from photo ra h i th ' g p s n e tax assessor s records that the back -- a lot of the house was • • 63 • 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 covered porches that over time got enclosed so the portion of the back end of the house, the 3 waterfront portion of the house that is being cut off is being cut to a point where the roof line 9 makes sense. Where you can cut what appears to be a small nonstructural element. Then keeping again 5 the foundation that is there, cutting the building back in order to provide for a patio or a deck 6 area, taking the foundation, converting the existing foundation to decking. The house then 7 is, the first floor, required renovation. The first floor wall, obviously that you're cutting $ off, is gone and you have to rebuild the waterfront wall. The second floor are dormers 9 right now and what the owner wishes to do is increase the second floor and essentially put a 10 full second floor over the house. At the time that this project started, the intention was to 11 build all new structure, landward of existing structures so on the landward side of the house 12 was any new construction, any new first and second floor. So that was the overall design plan at the 13 time that we started this project. There is bulkhead. The waterfront also has a lot of 14 natural stones, rocks, so that the waterfront is very stable at this site. The bank is only about 15 19 feet above sea level and then the top of the bank we have already addressed nonturf buffers 16 with a nonturf buffer area, new dry wells and gutters. Essentially, this is putting a typical 17 second floor over an existing house. What made this a little more complicated is trying to 18 correct the nonconforming portion of the house that was in the coastal erosion hazard line. 19 Obviously, keeping the house, the first floor exactly where it was, was the most, would have 20 been the easiest solution here. But in attempting to satisfy this Town's goals not to build in a 21 coastal erosion area, we addressed that first and that's why that portion of the, the corners of the 22 house were being removed. I will answer any questions that you might have. I have Angel here 23 that can answer you any structural issues. The client wants a garage, another garage. The old 24 garage there is a one-car garage. This actually conforms a little. Instead of expanding the 25 existing garage, which would be another variance, we have actually a conforming request for a garage • • 64 . 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 and the client wants to have the two garages with a walkway so that it creates a buffer from the 3 North Road and creates a visual barrier so it creates more privacy. 4 BOARD MEMBER GOEHRINGER: How much of the first and second story, we'll refer to the second 5 story as a partial second story, is going to be torn down? Is this a rip down to the foundation 6 Mr. Tourno? MR. TOURNO: We keeping the basement. We 7 keeping the exterior walls of the first floor except for the front and back. The front because 8 we adding ten feet to increase the size of the house. And the back where the water is because we 9 demolish the existing enclosed porch or whatever and we don't have any wall. So the first floor 10 will have a new wall from the water side and a new addition on the street side. Now, when a second 11 floor, if we tried to put the second floor over the old first floor, we would not comply with the 12 setback for the second floor on the right side of the property. At the time I went to talk to the • 13 Building Department and they told me that if I do the second floor with a right set back on the side 14 yard, then I would be complying and everything was fine because the other is existing and it was 15 acceptable. But adding to that would not be acceptable. So we pushed the second floor and 16 allow all the right side of the first floor to make like an encroachment in the design. So the 17 design has a little odd shape but the reason is that. 18 BOARD MEMBER GOEHRINGHER: When you refer to placing the front of the building or adding to the 19 front of the building, you're taking off the existing front porch that's in the front of the 20 building; is that correct? MS. MOORE: The front door, there's no sense 21 for it. Are we talking about the waterfront side? BOARD MEMBER GOEHRINGHER: You're taking that 22 off and making that a porch, patio. Right. MS. MOORE: Is there basement under it? 23 MR. TOURNO: No that's -- we're just filling up to the height of the existing footing and 24 putting a patio there and then the steps around to 25 get out of the patio. BOARD MEMBER GOEHRINGER i ' : So t s 19 feet measured on the easterly side of that to the 65 • 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 bulkhead and it's 20 feet measured -- MS. MOORE: There's so many lines here, I'm 3 sorry. BOARD MEMBER WEISMAN: Twenty-one foot, seven 9 inches from the bluff. The concrete patio over the existing foundation should be at 21'7" from 5 the bluff. BOARD MEMBER GOEHRINGER: It's showing 19 6 right here. BOARD MEMBER WEISMAN: That's the steps. 7 MR. TOURNO: We have to modify the plan in order to add those steps so we can -- $ BOARD MEMBER GOEHRINGER: That is at it's closest point. 9 BOARD ASSISTANT KOWALSKI: I don't see 21 on the map. I see the old step is 20.5 but the old 10 step is coming out. If you had two or three feet to that, it would make it -- 11 MS. MOORE: Well because the angle of the bluff that alters, so it's really -- all the 12 measurements are almost -- BOARD ASSISTANT KOWALSKI: It's 19 then on 13 the corner, right? BOARD MEMBER GOEHRINGER: Go a little bit 19 farther, Linda. MS. MOORE: Nineteen is the closest point to 15 the end of the step on the east side. That's the measure. 16 BOARD ASSISTANT KOWALSKI: I see that. What was the 21? 17 MS. MOORS: Twenty-one is the foundation. The existing foundation. 18 BOARD ASSISTANT KOWALSKI: At what corner MR. TOURNO: Which now is going to be the 19 patio. BOARD ASSISTANT KOWALSKI: That's coming out? 20 BOARD MEMBER WEISMAN: No, it's staying. Just being poured in, filled in. 21 MS. MOORS: It's being filled in. BOARD MEMBER WEISMAN: So it's solid 22 . BOARD ASSISTANT KOWALSKI: But it's not labled on here but it's written somewhere 23 . MS. MOORS: Yeah, it is. It says existing stoop to be removed. Proposed steps -- it's 24 identified as proposed patio. Nathan put it all on the left side of the drawing, on the west side of • 25 the drawing. BOARD ASSISTANT KOWALSKI: So that includes • • 66 • 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 that new step area? MS. MOORE: Yes. The step down. 3 BOARD ASSISTANT KOWALSKI: Thank you. BOARD MEMBER GOEHRINGER: Okay. So then we're 4 putting, when you refer to one and a half story, it's really going to be two stories over the rest 5 of the house? MR. TOURNO: Except on the right side which 6 is nonconforming. We're not putting a second floor there. 7 MS. MOORE: On the east side of the house is presently at 12'2". In order to make it a 8 conforming 15 foot side yard, it means that the second story can only start at the 15 foot set 9 back. (Everyone talking at once.) 10 MS. MOORE: We really tried to make as much of this conforming. When we started, it was under 11 the interpretation of landward of existing structure. So we were trying to make everything 12 landward of existing structures. MR. TOURNO: I went to the Building 13 Department asking what do I have to do for this to comply I said without any variances except for the 19 front, the waterfront. He told me all the instructions. I did all what he said and then when 15 we presented the drawings, he said, no, you have to go to Zoning anyway. That was Mr. Verity. 16 BOARD MEMBER WEISMAN: Because of the water. MR. TOURNO: Any property in the water has to 17 come to you, I understand. MS. MOORE: It would have probably made sense 18 to do a variance for the side yard at 12'2" but at that point the design had already been approved by 19 the client. BOARD MEMBER GOEHRINGER: This is a 22 by 23 20 foot garage. MS. MOORE: That requires no variances. 21 That's compliant. BOARD MEMBER WEISMAN: Twenty-three by twenty 22 foot wide. MR. TOURNO: It's a replica of existing. 23 BOARD MEMBER WEISMAN: With a 15 foot door clearance. Is that unheated? It's got a half 24 bath. MR. TOURNO: It's just a garage. Has a half 25 bath because of the people using the, coming from the beach. But it's not heated, no. • • 67 1 ZONING BOARD OF APPEALS - AUGUST 2, 2007 2 BOARD MEMBER WEISMAN: Unheated. And the sink and counter is handwashing, cleaning fish. 3 MR. TOURNO: Fishing and things of that nature. It's not habitable. It's not intended to 9 be. BOARD MEMBER GOEHRINGER: Thank you for 5 explaining that. MS. MOORE: There are a lot of lines, I'm 6 sorry. BOARD MEMBER GOEHRINGER: It's kind of 7 narrow, the property and you fit everything in that area. Just for the Board's own 8 identification. Joe Ingegno (phonetic) sold his office and Nathan is now the new owner. Do we know 9 Nathan's last name? MS. MOORE: Corwin. Nathan Corwin, III. 10 BOARD MEMBER GOEHRINGER: So Joe will be there until the end of the year. 11 MS. MOORE: Yes. BOARD MEMBER WEISMAN: I had a question about 12 the driveway. Right now, who's driveway is that when you come in? It looks like the neighbor's 13 driveway. MS. MOORE: There is no driveway. 19 BOARD MEMBER WEISMAN: There's no driveway on your client's side. 15 MR. TOURNO: It looks like initially the neighbor's driveway was shared by both. 16 BOARD MEMBER WEISMAN: It would appear so because then suddenly you have to veer off to your 17 client's property and I was wondering because it's not clear on the -- I guess it would appear as 18 though you're adding a gravel driveway on your property. Makes perfectly good sense. Okay. 19 CHAIRMAN DINIZIO: Michael? BOARD MEMBER SIMON: No questions. 20 CHAIRMAN DINIZIO: Ruth? BOARD MEMBER OLIVA: No, I guess not. Yes. 21 What kind of condition is that foundation in after four years? 22 MR. TOURNO: The existing basement is fine including the sort of crawl space that this porch 23 had. BOARD MEMBER OLIVA: Part of it is crawl 24 space. MR. TOURNO: .And that's going to become a 25 patio so actually there's no issue there. BOARD MEMBER OLIVA: So it will support the .J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17s ZONING BOARD OF APPEALS - AUGUST 2, 2007 C E R T I F I C A T I O N I, Erika Nadeau, a Notary Public of the State of New York do hereby certify: THAT the testimony in the within proceeding was held before me at the aforesaid time and place. That the testimony was taken stenographically by me, then transcribed under my supervision, and that the within transcript is a true record of the testimony given. I further certify that I am not related to any of the parties to this action by blood or marriage, that I am not interested directly or indirectly in the matter in controversy, nor am I in the employ of any of the counsel. IN WITNESS WHEREOF, I have hereunto set my hand this __ ~~__ day of lU(7V it~bt.Y 2007. Erika Nadeau APPEALS BOARD MEMBER ,lames Dinizio. Jr., Chairman Gerard P. Cuchrin~~er Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman ~o~~;oF soUfyoD ~~ T • ,O o~~COUNTV .~~`~ • • Mailing Address: Southold Town Hall 53095 Main Road • P.O. Bus 1177 Southold. NY 1 1 97 1-1195 9 Office Location: Town Annex /First Floor. North Fork Bank 54375 Main Road (at Youngs Avenucl Southold. NY 11971 hnp:J/southoldrown.nor(hfnrk. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (fi3117fi5-1R09 • Fax (631) 7fi5-9064 R~CEIYED ~.~e4dQ. %~~k14 FINDINGS, DELIBERATIONS AND DETERMINATION gac;thold •i'cWn Clerk MEETING OF AUGUST 16, 2007 ZB File No. 6060 - Spyro Avdoulos Property Location: 54965 North Road, Greenport CTM 44-1-5 SEORA 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 SEORA. PROPERTY FACTS/DESCRIPTION The applicant's 28,149 square foot has 63.37 feet along North Road (C. R. 48), 405.83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the Long Island Sound. The premises is improved with 1%: 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 rewnstruct new steps and patio after removing existing steps, removing 3.5' x 24.4' portion of existing house and existing foundation to remain with new patio to be placed over it; to construct a new second story addition with partial first story reconstruction, proposing a new two-story extension with new porch. A Determination of Inconsistency under Chapter 268 was issued on July 16, 2007 and submitted to the Board of Appeals, and additionally a recommendation if this application were to be approved: to maximize the non- turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. The house is sited approximately 20 feet from a wooden bulkhead, and a grassed lawn exists in this area. Accordingly to an evaluation conducted by the County of Suffolk, Soil and Water Conservation District, in its letter dated July 16, 2007 to the Board of Appeals, the bulkhead is in stabile condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant has confirmed that necessary repairs will occur as recommended in this evaluation. No future sprinkler irrigation system should be installed within close proximity of the bulkhead, which is a catalyst for Page 2 -August 16, 2007 ZB File No. GOGO - Spyro Avdoulos CTM No. 44-I-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. Anon-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 lime 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 far 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. 6Q60 - Spyro Avdoulos CTM No. 44-I-$ 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, 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 nonconformitles under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject properly 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), absent. 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Y. i. _ \ aF ~Iil 1r Itp - 00 , - ~ np rnM r 'i/!~Y )~ aln O n ~ !~ ~ YM4 mn a .. _ f ~ ._ _ T .~ I r F 3 a ~~ WNPlO ~'nb.r 0 ' F, p. sv N.iv1 d a F 11f' d. - y ~V r CI w~_vWaa_ ... ~ ~ . + r - ATM-' " ~. t wlvr n.~w~r- - y.~m ~ w[+ugv+rcw f F ~~ avYS~a~v ~~ ~~ ~~ ~--tea i ~JTStEY_ ~,. .:. ~: ~ =~-_ - - ~~ ~~ nvoa~os nESmEncE - -G~ rxorosso nor Exnraxs S Mg1LX g0A0 GPEEIMOPt H P -2~ C1gPNO A190CNTG8 ~-- - - -! ~.~~. - -- ~~ / - ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: AVDOULOS, S. #6145 MAP #: APPEAL: REQUEST: DATE: 44-1-5 Bluff Setback Variance Dwelling Reconstruction THURSDAY, Mar. 27, 72:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: ~~o~~gpFfO(,~coG o y~ ~ i ,moo ,~ ~ao~~ Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. northfork.net USPS Mailin ddress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 7\65-906 March 7, 2008 ~~~,x Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6145 (Avdoulos) Dear Mark: We have received an application for substantial demolition of an existing single family dwelling at a premises on North Road in Greenport, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer B~~(.•il~~~ ~~it/J Office Location: ~p~~~~ ~^ cOG~ ~ ~ ~+ O ~ °1 : ~~ # ~a~~ Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 7, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6145 (Avdoulos) Gentlemen: i USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 We have received an application for a project adjacent to Long Island Sound in Greenport, NY, and shown on the enclosed site map. The hearing on this application is expected to be held on March 27, 2008. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer ~~ . ~^" Encls. Office Location: h~o~~g~fFO[,~-Cp~ o s~ y 2 W • ~°~~„1 ~ ~ao~ Town Annex /First Floor, North Fork Bank S437S Main Road (at Youngs Avenue) Southold, NY 1.1971 http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 7, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6145 Owner/Applicant: Avdoulos, Spyro Action Requested: Bluff setback Within 500 feet of: ( )State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman Bp~ 1 T.CD J 4M/Q J Encls. Office Location: 1 ~~o~~gUFFOI,~coG o y2 dJ ~ oy • ~~ ~ ~,~1 * Sao Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown. northfork. ne[ BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Fax # Date: /~~ 7w~ - ~~ ~ 3 TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: z~g ~~/ fs >`l-a~~du,CyS ^ URGENT ^ FOR YOUR UPDATE ^ PLEASB COMM1iN'1' ^ AS REQUESTED ^ NOTES/COMMENTS: Please find attached copy/copies of the follovlring: 9` Thank you. Sender's Initials: Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 o~OgpFFO(~c~ o~ Gyp w x o~o~ * Sao y ~ !~ http: //southoldtown. northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MailingAddress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Da4e: / ~ TOTAL NO. OF PAGES INCLUDING COVER: ~/a~l~~ ~ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: -, n ~_ ./~ ZPJg'`~ ~i3 2 ^ URG F,Nr ,ya P'OR YOUR UPDAT6 ^ PLL;ASIi COn1MF.NT ^ AS R$QUBSTGD ^ NOTES/COMMENTS: Please find attached copy/copies of the following: h~ ~ .. ~ n A Q c., i,. --~ a .nom ~., i ~ Thank you. Sender's Initials: f"~ Office Location: ~~o~OgUfFOI~-coG o y~ N = ~`1 # ~a~ Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http: //sou tho Idtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD L~ Tel. (631) 765-1809 Fax (631) 765-9064 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FAC8IMILE TRANSMITTAL SHEET TO: Fax # Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'8 TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: c~ 00 U -tom (o/ ~J ~.~ a-a ^ URC3HN'I' ^ FOR YOUR UPD:1T'E ^ PLEASE COMMENT ^ AS REQUESTED ^ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ~~ONING BOARD OF APPEAL~~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 6, 2008 Re: Town Code Chapter 55 -Public Notices for Thursday, March 27, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 10tH 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 anv letter is returned to you undeliverable, you are reouested to make other attempts to obtain a mailino address or to deliver the letter to the current owner, to the best of vour ability. and to confirm how arrangements were made in either a written AND not later than March 12"': Please either mail or deliver to our office your Affidavit of Mailino (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 17t"~ please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to March 27, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls.