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HomeMy WebLinkAboutTR-6862Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0578C Date: September 9, 2010 THIS CERTIFIES that the demolition of existing and construction of new dwelling with open patio over partial existing and partial new foundation, gutters to leaders to drywells installed, and a 10' wide non-turf buffer along the top of the bluff At 54985 Main Road, Greenport, New York Suffolk County Tax Map # 44-1-5 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated 4/30/08 pursuant to which Trustees Wetland Permit # 6862 Dated 5/21/08 and Coastal Erosion Permit # 6862C Dated 5/21/08 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the demolition of existing and construction of new dwelling with open patio over partial existing and partial new foundation, gutters to leaders to drywells installed~ and a 10' wide non-turf buffer along the top of the bluff The certificate is issued to SPYROS & MARGARITA AVD~ULOS owner of the aforesaid property. u~t~orlz~e~ ~igna~ Jill M. Dohetty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredameyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 DATE OF INSPECTION: v// Ch. 275 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD t//'"' Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction constructed ~'Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction Y2 constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6862 DATE: MAY 21~ 2008 ISSUED TO: SPYRO & MARGARITA AVDOULOS PROPERTY ADDRESS: 54985 MAIN RD. GREENPORT SCTM#44-1-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 21, 2008 in consideration of application fee in the sum of $500.00 paid I: subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees and permits the following: Wetland Permit and Coastal Erosion Permit to demolish the dwelling including walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwellin over existing foundation (7.5' original setback and 10' over basement - total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct found east side and alterations of existing foundation where chimney was located, and all with the condition gutters and drywells are installed in accordance with Chapter 236 of the Town Code, Stormwater Management, a 10' non-turf buffer is installed along the top of the bluff, a line of staked hay bales and silt fence are installed along the top of the bluff prior to construction activities, and the patio remains as a patio with no future applications to enclose, and as depicted on the plans prepared by Chorno Assoc. May 22, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. -- aO~ F. King-NAY TERMS AND CONDITIONS The Permittee, Spyro & Margarita Avdoulos, residing at 54985 North Rd., Greenport, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of $outhold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may he made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and Iow water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~l 53095Route 25 P.O. Box 1179 Southold, New York11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #6862C Date: May 21, 2008 SCTM#44-1-5 Name of Applicant/Agent: Patricia C. Moore, Esq. Name of Permittee: Spyro & Margaret Avdoulos Address of Permittee: 54985 North Rd., Greenport Property Located: 54985 North Rd., Greenport DESCRIPTION OF ACTIVITY: To demolish the dwelling including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' original setback and 10' over basement- total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located. SPECIAL CONDITIONS: Gutters and drywells are installed in accordance with Chapter 236 of the Town Code, Stormwater Management, a 10' non-turf buffer is installed along the top of the bluff, a line of staked hay bales and silt fence are installed along the top of the bluff prior to construction activities, and the patio remains as a patio with no future applications to enclose. The Coastal Erosion Management Permit allows for the operations as indicated on the plans prepared by Chorno Assoc. last dated May 22, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Dohe ident (j,IBoard of Trustees ~' JMD:lms James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 21, 2008 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: SPYRO & MARGARITA AVDOULOS 54985 NORTH RD., GREENPORT SCTM#44-1-5 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 21, 2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of SPYRO & MARGARITA AVDOULOS applied to the Southold Town Board of Trustees for permits under the provisions of Chapter 275 of the Southold Town Code the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated April 30, 2008, and, WHEREAS, said applications were referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells in accordance with Chapter 236 of the Town Code, Stormwater Management, a line of staked hay bales and silt fence installed along the top of bluff prior to construction activities, a 10' non-turf buffer landward of the top of the bluff, and the condition the patio remains a patio with no future applications to enclose, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said applications on May 21, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning these applications, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the applications of SPYRO & MARGARITA AVDOULOS to demolish the dwelling including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' original setback and 10' over basement - total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located, and all with the condition gutters and drywells are installed in accordance with Chapter 236 of the Town Code, Stormwater Management, a 10' non-turf buffer is installed along the top of the bluff, a line of staked hay bales and silt fence are installed along the top of the bluff prior to construction activities, and the patio remains as a patio with no future applications to enclose, and as depicted on the plans prepared by Chorno Assoc. last dated May 22, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, /~11 M. Dohert~,..,~V~e-Pre~dent ~Board of Trustees JMD:lms 05/21/2006 09:04 FAX 631 765 4643 Ma~'-ZO-ZOOB OZ:OSpm Fro~x~r.xpri ,mw, MOORE LAW OFFICES MOORI~ I~W OFPICE~ Town ALLy ~002 T-B04 P.O0~/O04 F-3~3 ~oo~ -NO, 260~P, 2 ..... Plea by Mall (NOT FOR V'rL VIOLATIONB) To PLEAD GUILTY: COMPLETE THIS FORM AND MAIL OR DELIVER TO: Town of $outhold ', Offioe ~f tP~e Town Atlomey P~O, BOx lfXe $o/.gho/~. NY 1197f-0~5~ C~heok peyable ~o: $outhold ToWn Jusb'~e Court PINE ~ ;_[SOO.OO MAY 2 t 2OO8 TO THE PII~$1DING JUSTICE AT THE 80UTHOLD TOWN JUSTICE COURT: at_ ~.eu-a.~ ~'~A &~e..' ~ee~o~e~ ~ , ~J~ .......... , ~ve b~ C~e ~e T~ ~ 8o~o~. I ~~ d~po~ ~ ~r~t ne maz a pf~ ~ gui~ M t~ ~u~ m a ~n~on ~ ~, I hereby plead ~l~ ~ the ~e aa ~a~ a~ e~ end ~ ~ th~ · be ~Tlcket/Summona #L &-4072 In 8atkrra~on ~. Fine/Dlapo~ition Recommended:_ ~a, soo. ao Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., May 14, 2008, the following recommendation was made: SPYRO & MARGARITA AVDOULOS to demolish the dwelling including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' original setback and 10' over basement - total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located, and install gutters and drywells, as required. Located: 54985 North Rd., Greenport. SCTM~44-1-5 The CAC recommends the bluff is stabilized and a 10' non-tuff buffer is maintained landward of the top of the bluff. The CAC has no comment on the proposed dwelling. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report SPYRO & MARGARITA AVDOULOS request a Wetland Permit & Coastal Erosion Permit to demolish the dwelling including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' original setback and 10' over basement- total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located, and install gutters and drywells, as required. Located: 54985 North Rd., Greenport. SCTM#44-1-5 Typ/e~area to be impacted: [.//Soun ~'Saltwater Wetland Freshwater Wetland Bay Distance of proposed work to edge of wetland L~.hOchaf Town Code p jr. elSosed work falls under: __ pt.275 L...Chapt. 111 .~. other Type of Application: {~Wetland ~stoastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Modifications: Conditions: Present Were:__~J.King ~J.Doherty '__P.Dickerson ~D. Bergen__~B.Ghosio, __ D. Dzenkowski __Mark Ter~__._other 5'r_..o H~---~, Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- New York State Department of ironmental Conservation IDivision of Environmental Permits SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409 Telephone (631) 444-0365 Facsimile (631) 444-0360 Alexander B. Grannis Commissioaer LETTER OF NON-JURISDICTION Mr. Spyro Avdoul0s' 160-12 11 th Avenue Whitestone NY 11357 April 19, 2007 NYSDEC # 1-4738-02045/00003 54985 North Road (C.R.48) Greenport NY SCTM # 1000-44-1-5 Dear Mr. Avdoulos: Based on the information your agent submitted, the New York State Department of Environmental Conservation has made the following determination. The portion of the referenced property that is landward of the topographic crest of the bluffin excess of 18 feet in elevation, as shown on the survey prepared by Joseph A. Ingegno last revised on 2/1/07, is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Kegulafions (6 NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Plea, se be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional' boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent anY sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20~ wide construction area) or erecting a temporary fence, barrier, or hay bale berm. nPle~esakr~ pfUe~rm~[~aodrViaSp;dr tohvaa~st~rSo~tto~edrOea;ennCctireesl, ieve you of~~of ~ning any //f~e~u~ ;e~it Administr at0r CC: Patricia C. Moore Marine Habitat Protection File ABSOLUTE IMPROVEMENT P.O,Box446 Laurel, N.Y. l1948 866.466.3861 631.767.0350 Estimate For: Spyro Avdoulos 54985 North Rd, Southold, N.Y. 11971 2008 Home Improvement Estimate Demolition and Foundation Estimate Removal and disposal of all remaining structure Rebuild all new foundation according to plans Total Investment: $78,400.00 Alternate Solution Retain all existing structure Replace I east side foundation wall Total Investment,: $5,200.00 Estimate expires on 5101108 Approved By: APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION 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 1½ story single family dwelling and accessory flame 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 apphcant'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 A~'ea. 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 apphcant 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 apphcant 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~r (~airm~), Sj~,mon an. cl Weisman. Me mb er Dini zio and ~~/so~~ Member Oliv~/Ckere abse/~ his solutio s ly adopted (3-0-2). / ' ard P. oenringer, Ch i' -- '~man]/4//5~'2oo8 ~ Approved for Filing ~ APFEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2007 ZB File No. 6060 - Spyro Avdoulos Property Location: 54985 North Road, Greenport CTM 44-1-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot has 63.37 feet along North Road (C.R. 48), 405,83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the Long Island Sound. The premises is improved with 1% story single family dwelling and accessory frame garage, as shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated June 16, 2006. BASIS OF APPLICATION: Request for a Variance under Section 280-116A, based on the Building Inspector's amended June 13, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing single:family dwelling with a setback at less than the code-required 100 feet from the top of the bank or bluff adjacent to the Long Island Sound. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 25, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: The applicants are requesting relief from Chapter 280 (Zoning Code) concerning a 4.5' by 10' portion of the house on the northerly side to be removed; to reconstruct new steps and patio after removing existing steps, removing 3.5' x 24.4' portion of existing house and existing foundation to remain with new patio to be placed over it; to construct a new second story addition with partial first story reconstruction, proposing a new two-story extension with new porch. A Determination of Inconsistency under Chapter 268 was issued on July 16, 2007 and submitted to the Board of Appeals, and additionally a recommendation if this application were to be approved: to maximize the non- turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. The house is sited ap'proximately 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.Fi]¢ No. 6060 - Spyro Avdoulos CTIvl 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. A non-turf buffer and dry wells will be installed to comply with the Town Trustee requirements. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting reconstruction of an older two story home with an enclosed front porch, to a full two-story home with a new raised open front porch, as shown on alteration plans prepared by Chomo Associates dated 04/07/07. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. By field inspection of this property and the surrounding properties in the immediate area, most of the homes lie very close to the top of the bluff. The subject property's bluff seems fairly stable with large rocks and boulders found on the beach. The proposed steps on the new porch will lie 19' from the top of the bluff. The actual dwelling is proposed at 23.2 ft. from the top of the bluff. In the discussion with the architect and review of the alteration diagrams, two walls of the home will remain and the existing second-story (full half story) will be removed. At the hearing, the architect testified that the existing foundation is in good condition to support the proposed new two-story additions for this dwelling. Based upon all the evidence submitted with testimony during the hearing and with documentation presented, that the reconstruction would not cause an undesirable change in the character of the neighborhood or detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an 'area variance. The existing foundation will be used, after alterations, in a location that has for many years been nonconforming in relation to the bluff. There is no other alternative but to request a variance. 3. The variance granted herein is substantial. The replacement of the home is essentially within the same building footprint. This is the maximum relief that the Board will allow. 4. The relief requested is not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Page 3 - August 16, 2007 ZB,File No. 6060 - Spyro Avdoulos CTM No. 44-1-5 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing the primary structure over the existing foundation, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267~B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Inqeqno, Land Surveyor dated June 16, 2006 and Proposed Alteration plans prepared by Chorno Associates dated 04107107, subiect to the following condition: the only equipment or vehicles permitted within 50 feet of the top of the bluff shall be rubber-tired such as a backhoe. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the dght to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliv.~Goehringer, and Weisman. absent. This Resolution was duly adopted (4/-6~/~ ~(/y~~-Z~-~',7~, j~ ~,-'~'~~ . ~ ~( ) ~ . _ J~"~ Dinizio Jr., C~al"rr~)~ //,'Approved for Filing Member Simon was OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator MAY 2 0 , 008 Date: July 16, 2007 Re: ZBA file Ref. No. 6060 (Avdoulos) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed patio to the top of bluff line is 19 feetl the distance from the proposed addition to the top of bluff is 30 feetl a minimum separation distance of 100 feet is required pursuant to Chapter § 275-3. Findings; ourposG iurisdiction~ setbacks.. In addition~ a minimum setback distance of 100 feet is required pursuant to Chapter § 280 116 A (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. Please require that the applicant amend the application to meet the above policy. Additionally~ if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold 1. Maximize the non-turf buffer landward of the top of bluff to protect the bluff. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only X Coastal Erosion Permit Application (~a.~ 2~o. oo )r., Wetland Permit Application Administrative Permit A mendment/Trans fer~Extension /Rece~-ved Application:, 7Received Fee:$ 7Completed Application ~lncomplete SEQ~ Classification: Type I Type II__Unlisted Coordination:(date sent) ~AC Referral Sent: ~te of Inspection: Receipt ofCAC Repo~: Lead Agency Determination:__ Technical Review: ~ublic Hc~ing Held: Resolution: Name of Applicant Address S~ ~'~. Phone Number:( ) Suffolk CounW Tax Map Number: 1000 - Prope~ Location: ~~ (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: ~ard of Trustees Applicat~ Land Area (in square feet): Area Zoning:. ¢- GENERAL DATA Previous use of property: Intended use of property: Covenants and Restrictions: ,X Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No X Yes Project Description (use attachments if necessary):. lard of Trustees Applicatl WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: P'tgO--ot~sWt)c:}' on ot: kmq l Percent coverage of lot: we- % Closest distance between nearest existing structure and upland edge of wetlands: c5~''' feet Closest distance between nearest proposed structure and upland. edgeofwetlands: ~,?:5,9+ Ir>' feet >/ao~-~ - ~o'.~_6:~ U~k-a~4'~/~-~t Does the project involve excavation or filling? Pe/~ ~ No X Yes - ~d~, t, ~_' . Ifyes, how much matefial will be excavated? 0 cubicy=ds ff~l~V~] How much material will be filled? r~ cubic y~ds Dep~ of which material will be removed or deposited: 0 feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): ~ard of Trustees Applicatl COASTAL EROSION APPLICATION DATA Purposes of proposed activity: ~--~'/~ $]-rt/r.~- ]'/o-u~-e ~ Are wetlands present within 100 feet of the proposed activity? No /5( Yes Does the project involve excavation or filling? No )< Yes If Yes, how muchmatefial will be excavated? ~ (cubic ymds) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) /, PROJECT ID NUMBER PART t - PROJECT INFORMATION 1. APPLICANT/SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR 3.PROJECT LOC^T,ON: Municipality , ~'t,~ b~J~ ~ t(~ 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map 5. IS PROPOSED ACTION: [] New r-~ Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 44¢4 add f Io..ndwo cl $ict 7. AMOUNT OF LAND AFFECTED: Initially ~ ~ acres Ultimately '- ~ acres 8. WiLL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER RESTRICTIONS? [] Yes [] No If no, describe briefly: ~/~4 (~-~/ ~/[Z4~¢'/c~' 9. WHAT IS PRESENT ~ND USE IN VlCINI~ OF PROJECT? (Choose as many as apply.) ~ResiOentia, ~lnOustria, ~Commercial ~Agdculture ~Park/ForestlOpenSpaco ~Othor(Ooscribe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Lo~l) ~Yes ~No If yes, list agency name and permit /approval: ~Z~ ~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /~'~ ~ Date: Signature ZJ-.,,~ ~'-~C~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. r~Yes r-]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another invoived agency. r-lYes r--lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, sun'ace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or mher natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity et use of land or other natural resources? Explain bdet~y: C5. Growth, subsequent development, or related activities likely to be induced by t~ i~ropose~ a~tio~? Explain brieflyl C6. Long term, shod term cumulabve or other effects not ~dent~fled ~n Cl C57 E p a n briefly C7. Other Impacts (includ!n~ ~?n?? !? u~ of ~i!h?' qu~?ty o~ [~,~? o~ ~nerg¥? Explain briefly: D. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? Ill }'es, explain E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If }/es explain: j~J Yesi--INo J J PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantia~~Iarge'~mp~rtant~r~therwisesignificant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) [rreversibility; (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 or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio; WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Tifie of Responsible Officer Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsibJe officer) Board of Trustees Application County of Suffolk State of New York /~P~J~gt' & Jf~ ~ ~-4~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~-- q DAY OF ~ ,20. ~) (~ lqotary~ublic MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified In Suffolk Count~ - Commission Expires June 3, ~(::)// PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SPYRO AVDOULOS PREMISES: 54985 North Road, SCTM # 1000-44-1-5 May 20, 2008 Southold Dear Board members: With reference to the above enclosed please of posting and green return receipt cards. Thank you. find affidavit PCM/bp Very truly yours, BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SPYRO AVDOULOS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-44-1-5 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On the/~ day of May, 2008, I personally posted the property known as 54985 North Road, Southold, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, May 21, 2008 on or about 6:00 p.m. Sworn to before me this ./day of May, 2008. /'7 /Notary--P~__~- / PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SPYRO AVDOULOS PREMISES: 54985 North Road, SCTM # 1000-44-1-5 May ~, Southold 2008 Dear Board members: With reference to the above enclosed please find affidavit of mailing, certified postal receipts and copy of letter to neighbor. Thank you. PCM/bp Ve~..r~uly yours, BOARD Of TRUSTEES TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of SPYRO AVDOULOS Applicant's Land Identified as 1000-44-1-5 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On th~C7~ day of May, 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 the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. ~etsyP~e ' ~ ~ ~ (Signature')----' Sworn to before me this /~ day of May, 2008 '/ (No't'ary Public) MARGARET C. RUTKOWSIO Notary PuDiic, State of New York No. 4982528 Qualified [n Suffolk Commission Expires June PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT FROM: SEND TO: FEHIM & 8EVOI FEES: !~ 0~'~ POS R OR RECEIPT 71926463311000000928 FROM: / SEND~'O: C~ ~ FEES: TOTAL ~ ~ ~ posTMARK OR DATE RECEIPT 71926463311000000935 FROM: Patric~a C Moore Esq SEND TO: ZAKARIYA GUNUSEN MARl H. GUNUSEN 325 STONY SHORE DRIVEL SOUTHOLD NY 11971 FEES: . Postage TOTAL ~S' POSTMARK OR DATE RECEIPT FROM: SEND TO: HARUTYUN, NUNiK ZUKO. 480 PARK AVENUE K ? FEES: TOTAL POSTMARK OR DATE AVDOULOS NEIGHBOR LIST SCTM: 1000-44-1-5 FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-44-1-4 FEHIM & SEVGI UYANIK 55055 NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-44-1-6 ZAKARIYA GUNUSEN MARl H. GUNUSEN 325 STONY SHORE DRIVE SOUTHOLD NY 11971 SCTM: 1000-52-3-24 HARUTYUN & NUNIK KUZUKOGLU 480 PARK AVENUE MANHASSET NY 11030 SCTM: 1000-52-3-23 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: SPYRO AVDOULOS PROPERTY ADDRESS: 54985 North Road, SCTM: 1000-44-1-5 Southold Dear Neighbor: I represent the above with regard to property located on New York. He has submitted an application to the Southold Town Board of Trustees to demolish the dwelling, including all walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation 7.5 original setback and 10' over basement, total 17.5) to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located; and install gutters & drywells as required. The hearing on this matter has been scheduled for WEDNESDAY, MAY 21, 2008 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. PcM ve~Y~ruly yours, NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a .public hearing will be hel.d by th.e SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this property. OWNER(S) OF RECORD:.,~u,¢o,~ rte~~~. O.~d~t~ SUBJFCT C)F P[JBLIC HEARING. To demolish the dwelling including alt walls, footing and chimney, retain full basement and crawl space. Reconstruct dwelling over existing foundation (7.5' odginal setback and 10' over basement - total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation on east side and alterations of existing foundation where chimney was located, and install gutters and drywells, as required. TIME & DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to vi.ew the Town file(s) which are available for inspection prior to the day of the heanng dunng normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Spyro Avdoulos December 13, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Spy[.o Avdoulos, as owner of premises ~-V~ f~'_,"V'o,',%~a~ 1000 44 hereby authorize you to make any and all applications ..... ( - -1-5 ) Appeals, Lo me lOwn of Southold Zoning Board , 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. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town officers and employees. The purpose of this form is to t~rovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middl~ initial, unless you are appl~in~ih the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption fi.om plat or official map Planning Other (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 oftbe Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a pattoership, 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 mom 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 the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted/fi'd~f Signatu~6 Print LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS (Avdoulos 1000-044-01-05) 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-44-01-05-Spyro Avdoulos- reconstruction of existing two story residence and construction of additions landward of existing structures: demolish walls, firplace and flooring of existing structure, reconstruct on existing foundation (18' back)convert existing foundation to a patio. The Application has been submitted to (check appropriate response): Zoning Board__ Town Board Planning Dept. Building Dept. Board of Trustees ~X 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: Nature and extent of action: demolish portion of house which was within Coastal Erosion Hazard Area (CEHA), however, existing foundation within CEHA is retained and converted to patio The house is reconstructed 18 feet back on the original foundation. Expansion of house landward of existing structure. Demolish remains of house (walls, flooring, chimney in order to reconstruct 18' back on existing foundation with full basement) New two story addition landward of existing residence new garage Haybales along top of bluff during construction and drywells, gutters, and leaders added to dwelling. New Sanitary 100 feet from top of bluff. new driveway, walkways and landscaping landward of existing structures. Location of action: 54985 North Road, Greenport Site acreage:.5 acres Present land use: improved residential Present zoning classification: R-40 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: 160-12 11th Avenue, Beechhurst NY 11357 (c) Telephone number: Area Code ( 212 )344-0600 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattem 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Reconstruction of existing two story residence with additions landward of existing structures. Located of existing house 55.9 feet from Tie Line on Long Island Sound, proposed structure starts 18' back on same foundation. Toe of Bluff is protected by bulkhead, boulders and stone jetty. Sound Avenue (CR 48) is similarly developed along Long Island Sound. Proposed additions landward of existing foundation, to prevent disturbance to top of bluff existing foundation converted to patio and construction activities are landward of existing structure. See survey and plans in file. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Existing developed site- fully developed area. Attach additional sheets if necessary 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 Yes No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The existing house is being reconstructed to current building code standards. The existing two story residence will be renovated and additions constructed landward of existing structures from the top of bluff. An existing foundation will be converted from dwelling to patio. Attach additional sheets if necessary 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 Yes No Not Applicable All construction will meet current stricter standards. Attach additional sheets if necessary 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. Yes No Not Applicable The renovation of the existing residence will place conditions on construction which mitigate impacts. The Trustees require haybales during construction. Drywells and gutters are also required and will be added. All other existing structures (stairs to beach, patios and landscaping will be retained.) The property is protected by bulkhead, a stone jetty and stable vegetation. Attach additional sheets if necessary 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 Not Applicable Attach additional sheets if necessary 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. Yes No Not Applicable Property is presently developed with a two story single family dwelling which was undergoing reconstruction 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 No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable property is a waterfront parcel with a single family dwelling. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Construction to the existing dwelling will be done with current environmental regulations. Proper protection of bluffwith haybales and protection of water runoff, Bluff face and toe are protected with bulkhead, stable and vegetated. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary 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 Not Applicable PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SPYRO AVDOULOS PREMISES: 54985 North Road, SCTM # 1000-44-1-5 April 29, 2008 Southold ~!~; To~,," Dear Board members: Enclose is a new application for a wetland permit to demolish the remains of the existing dwelling (the existing walls, existing flooring, and existing chimney) and apply to reconstruct the dwelling using the existing foundation but an additional 10 feet back from the original application. The house would be reconstructed a total of approximately 18.0+/- feet from the seaward side of the crawl space (where the existing chimney ends). The addition on the landward side will be larger to accommodate the 10 feet lost on the seaward side of the house. Since the previous amendment was denied, without prejudice, a new wetland permit is enclosed to be heard in May. The Coastal Erosion application was tabled. However in order to simplify the record, we withdraw the previous Coastal Erosion permit amendment filed in April to be continued at the May hearing and resubmit the enclosed new Coastal Erosion Permit application with the Wetland permit application. Therefore, both the full Wetland Permit and Coastal Erosion Permit with the revised description are advertised and heard in May. Also enclosed for your file are the following: DEC letter of no jurisdiction, value of existing foundation; Zoning Board Variance granted April 10, 2008 and August 16, 2008. Thank you. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 March 3, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: SPYRO AVDOULOS SCTM # 1000-44-1-5 Dear Board members: With reference to the above, copy of the recorded C & R's. Thank you. enclosed please find certified Very ~tr~ly your~ //Patri~i~ ~k'~ By: Bets~Perkins, bp Enclosures SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 08-0018308 District: 1000 Recorded: At: 02/29/2008 10:52:02 AM LIBER: D00012542 PAGE: 2 66 Section: Block: Lot: 044.00 01.00 005. 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT Fees Paid Page/Filing $15.00 COE $5.00 TP-584 $0.00 Cert. Copies $5.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $5.00 NO $15.00 NO $0.00 No $30.00 NO $75.00 Judith A. Pascale County Clerk, Suffolk County Number o~f pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps 31 Page / Filing Fee Handling FEES TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified C~PY NYS Surcharge Other 5. O0 5. O0 15. O0 Sub Total Grand Total 4 J Dist. Real Proper Tax Service Agency Verificatior ZOO0 04400 0100 005000 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ 51020 MAIN ROAD SOUTHOLD NY 11971 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcountyny.gov/clerk 11901 Tit e # Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO _ If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ 0.00 CPF Tax Due $ cmo improved Vacant Land TD TD TD Title Company Information PECONIC ABSTRACT, INC. Suffolk County Recording & Endorsement Page This page forms part of the attached by: SPYRO AVDOULOS AND MARGARITA AVDOULOS TO TOWN OF ,qO1 ITHOI ,D BOARD OF TR1 LqTEE~q DECLARATION OF COVENANTS & RESTRICTIONS made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In theTOWN of SOIITblOI,D In the VILLAGE or HAMLETof GREENPORT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made thiso~ day of February, 2008, by SPYRO AVDOULOS AND MARGARITA AVDOULOS, now residing at '~60-12 11TM Avenue, Beechhurst, NY 11357, as owners, hereinafter collectively referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 54985 North Road, Greenport, Town of Southold, Suffolk County, NewYork, SCTM #1000-44-1- 5; said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a Wetland Permit to remove/demolish portion of house located within CEHA and retain the existing foundation within CEHA and converted to a patio; back of house (new walls) constructed outside CEHA with alterations/repairs/modifications to existing basement and first floor of house landward of CEHA and landward of proposed patio; demolish existing second floor and construct new second floor; construct new two-story addition landward of existing residence; replace existing garage with new garage; install new sa nitary system landward of existing structures, if required, install a new driveway, walkways and landscaping landward of existing structures and as depicted on the survey prepared by Nathan Taft Corwin, III, last dated December 19, 2007 and received on January 11, 2008. A 10' non-turf buffer must be installed landward of the top of the bluff; and WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, within perpetuity. 1. The grant of a Wetland Permit to remove/demolish portion of house located within CEHA and retain the existing foundation within CEHA and converted to a patio; back of house (new walls) constructed outside CEHA with alterations/repairs/modifications to existing basement and first floor of house landward of CEHA and landward of proposed patio; demolish existing second floor and construct new second floor; construct new two-story ad. dition landward of existing residence; replace existing garage with new garage with the following conditions: a line of staked hay bales and silt fencing are installed prior to construction along top of bluff the installation of gutters, leaders and drywells to dwelling to contain roof runoff and in accordance with Chapter 256 of the Town Code-Store Water Runoff; install new sanitary system landward of existing structures, if required, install a new driveway, walkways and landscaping landward of existing structures; A 10' non-turf buffer must be installed landward of the top of the bluff and as depicted on the plans prepared by Nathan Taft Corwin, Ill, last dated December 19, 2007 and received on January 11, 2008. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. '¢(/,/ M~ARITA A'"CD O LfLOS, owner STATE OF N~EW YORK ) ) SS.: COU~TY OF ~¢d:-oc~) - COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and thc Court of Record thereof, d~ h~e~b~ c~e~if~ tl~t I have compared the annexed with the original ...~ ............ '.'. .............. RECORDED _ in my office o2.~9....~..-~...0..~....~. ........... ..... and, that the same is a true copy, as redacted, thereof, and of the whole of such original. In Testimony Whereof, I have h_,ereug,¢~o set gty 10and and affixed the seal of said County and Court this .~...~....~%.....77~~d7 SCHEDULE A AI~L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the town of Southold, County of Suffolk and State of New York, known and designated as Lots 15 and the Westerly one-half of Lot No. 16, as shown upon a certain map entitled, "Map of Property o f William H. Long and Robinson J. Goodale, Greenport, L.I., N.Y." made by D.R. Young, Surveyor, Riverhead, NY an filed in the Office of the clerk of Suffolk County on the 1 lth day of September, 1929 as Map No. 585 being more particularly bounded and described as follows: BEGINNiNG at a point on the Northerly side of North Road distant 1854 feet more or less Westerly from the comer fom~.ed by the intersection of~he Northerly side ofno~h road and the westerly side of Albertson Lane; THENCE South 78 degrees 55 minutes 40 seconds west along the Northerly side of North Road 63.37 feet; THENCE North 14 degrees 01 minutes 30 seconds West 465.76 feet; THENCE south 88 degrees 00 minutes 00 seconds East 75 feet; THENCE south 12 degrees 54 minutes 00 seconds east 448.41 feet to the Northerly side of North Road; BEiNG AND INTENDED TO BE the same premises as conveyed be deed dated October 22, 1997 and recorded November 13, 1997 in Liber 11862 page 119 in the Office of the clerk of the County of Suffolk PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 TO SUBJECT BOARD OF'- " · TOWN OF SOU? 1000-44-01-05 AV~ULOS RE'DElE DATE: 4.29 ~8 54985, NORTH -ROAD: GREENPORT NY ,S K1 CHORNO ASSOCIATES · - architects. SOUTHOLD, NEW YO~K ,3 1000-44-01-05 AV~UL~ R E~IDE~E DAT£: 4,29 0[8 ... 54985, NORTH .ROAD: GREENPORT NY , s K' 1 CHORNO ASS. OCIATES · - architects. $OUTHOLD, NEW YO~iK S~$0,, 37. ZONE LO po~