HomeMy WebLinkAbout6189
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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
531)95 Main Road · RO. Box 1179
Southold, NY I 1971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. 1631) 765-1809 · Fax 1631) 765-9064 ,REC!EIYED
FINDINGS, DELIBERATIONS, AND DETERMINATII~.r''~vn _l t ~1}00 .
MEETING HELD SEPTEMBER 4, 2008
Southold Town Clerl~
ZBA # 6189 - SPYRO AVDOULOS, Applicant
PROPERTY LOCATION: 54985 North Road, Greenport CTM 44-1-5
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property
under consideration in this application and determines that this review falls under the
Type II category of the State's List of Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the
Suffolk County Department of Planning reply dated July 3, 2008 states that the
application is considered a matter for local determination as there appears to be no
significant county-wide or inter-community impact.
PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot lot has 63.37
feet along North Road (C.R. 48), 405.83 feet along the easterly side line, and 79.03 feet
along the northerly (rear) line adjacent to the Long Island Sound. The premises is
improved with a foundation of the 1%-story single-family dwelling that existed prior to
its demolition, and accessory frame garage, as shown on survey prepared by Joseph A.
Ingegno, Land Surveyor dated June 16, 2006.
BASIS OF APPLICATION: Request for Variances under Section 280-116A, based on
the Building Inspector's June 10, 2008 Notice of Disapproval concerning a request for a
building permit to amend a plan, for which variances # 6060 and # 6145 were granted to
reconstruct the house and to add easterly portions of a foundation less than 100 feet
from the top of the bank abutting the Long Island.
LWRP TOWN CODE CHAPTER 268 DETERMINATION: The applicant is requesting
relief from Chapter 280 (Zoning Code) concerning a dwelling to be constructed on the
landward side of the existing unroofed structure (remaining from the recently
demolished dwelling).
Page 2 - September 4, 2008
ZBA # 6189 - S. Avdoulos
CTM 1000-44-1-5
A Determination of Inconsistency under Chapter 268 was issued on July 16, 2007 and
submitted to the Board of Appeals, and additionally a recommendation if this
application were to be approved: to maximize the non-turf buffer landward of the top of
the bluff to protect the bluff, and to further Policy 5 for protection and improvement of
water quality in the Town of Southold.
The structure is sited approximately 19 feet from a wooden bulkhead, and a grassed
lawn exists around this area. Accordingly to an evaluation conducted by the County of
Suffolk, Soil and Water Conservation District, in its letter dated July 16, 2007 to the
Board of Appeals, the bulkhead is in stabile condition. Efforts to maintain the stability
of the bulkhead have occurred with the installation of new pilings to reinforce the
decayed pilings. The applicant has confirmed that he will take steps necessary steps
recommended in this evaluation. No sprinkler irrigation system shall be installed
within close proximity of the bulkhead or area adjacent to the L.I. Sound, since it is a
catalyst for erosion and can cause damage to the bulkhead and adjacent area. Within
the site plan, silt fencing is documented and care should be taken with the installation
of the silt fencing, which involves digging a trench and burying the bottom of the silt
blanket.
In addition, no disturbance to the land between the house and the bulkhead would
occur for the areas of construction, as proposed, in this application.
Grant of the relief under Chapter 280 (Zoning Code) involves the keeping of the existing
foundation without disturbance and converted to a patio, after removing the north first
floor wall that is over the Coastal Erosion Hazard Line (see Town Trustees' Permit for
related requirements and conditions). The house was built in the early 1950's, and
these renovations and additions will bring the home into the current building code
standards, without reducing the existing setbacks of the foundation. There is no new
foundation or basement proposed. The new construction as proposed, amended from
the previous application, is shown on detailed diagrams and site map submitted with
this request, in a location landward and southerly of the remains of the former dwelling,
(which remains will be used as an unroofed, open patio as'built without excavation or
ground disturbance for the patio). A non-turf buffer and dry wells shall be installed to
comply with the Town's requirements.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on August 21,
Page 3 - September 4, 2008
ZBA # 6189 - S. Avdoulos
CTM 1000-44-1-5
2008, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
RELIEF REQUESTED: The applicant seeks a variance to allow reconstruction of a
(former dwelling) building. The setback of existing foundation (proposed patio in part)
measures 19 feet from the top of the bank at its closest point, as per site map SK'i
dated 4-29-08 prepared by Chorno Associates.
ADDITIONAL INFORMATION: A previous variance, #6060, permitted construction of
a dwelling 7.5 feet landward of the original house line. A patio is to be built on the
seaward side over the existing foundation, which is to be retained. The Town Trustees
approved the rebuilding of the demolished house over the existing foundation
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted, documentation, and personal inspections, the Board makes the following
findings:
1. Town Law §267-b(3)(b)(3)(1). Granting the variance permission as applied for will
not produce an undesirable change in the character of the neighborhood or a detriment
to nearby properties. The new plan describes a setback of the house from the top of the
bank 10 feet greater than was permitted under the previous variance application. The
house will be set 10 feet further back from the bank. An enlarged patio on the existing
foundation on the seaward side will replace the portion of the house to be built and
moved landward.
.2. Town Law §267-b(3)(b)(2). The benefit of a house that conforms with the Trustees'
requirements and the variances previously granted cannot be achieved without the
permission here sought.
3. Town Law §267-b(3)(b)(3). The variance is not substantial, given the variances
previously granted. The house will be rendered less nonconforming as a result of
moving the house landward of the former location.
4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. The pre-existing
house predates the regulations.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of
this relief will have an adverse impact on physical or environmental conditions in the
Page 4 - September 4, 2008
ZBA # 6189 - S. Avdoulos
CTM 1000'44'1'5
neighborhood with conditions.
6. Town Law §267-b. Grant of the relief requested is the minimum action necessary
and adequate to enable the applicant to enjoy the benefit of a single-family dwelling,
while preserving and protecting the character of the neighborhood and the health,
safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying
the balancing test under New York Town Law 267-B, motion was offered by Member
Simon, seconded by Member Weisman, and duly carried, to
GRANT the variance as applied for, as shown on elevation and site map SK-1 dated
4-29-08 prepared by Chorno Associates. subject to the following CONDITIONS:
1) That a minimum 10 foot wide non-turf buffer be installed along the top of the bluff
and permanently maintained.
2) No heaw equipment shall be used on the site within 30 feet of the bluff or around
the existing unroofed patio foundation;
3) No sprinkler irrigation system shall be installed within close proximity of the
bulkhead or area adjacent to the L.I. Sound
4) The patio (converted with use of existing foundation) shall remain open to the sky;
5) There shall be no ground disturbance or heavy equipment in the area around the
existing patio.
The above conditions shall also be written into the Building Inspector's Certitlcate of
Occupancy, when issued.
Any deviation from the variance given such as extensions, or demolitions which are not
shown on the applicant's diagrams or survey site maps, are not authorized under this
application when involving nonconformities under the zoning code. This action does not
authorize or condone any current or future use, setback or other feature of the subject
property that may violate the Zoning Code, other than such uses, setbacks and other
Page 5 - September 4, 2008
ZBA # 6189 - S. Avdoulos
CTM 1000-44-1-5
features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimus in nature
for an alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Goehringer (Chairman), Simon and Weisman.
Nay: Member Oliva. Abs~Dinizi~-T~is Resolqtion was duly adopted (3-1).
/ GERARD P. GOEHRINGE~{, CI~MAN 9/// /2008
~ Approved for Filing
TOWN OFSOUTHC
BUILDING DEPART~
SOUTHOLD N.¥
NOTICE OF DISAPPR~
To: Pat Moore for
Spyro Avdoulos
51020 Main Road
Southold, NY 11971
ENT
~OARD .... LS
Date.: June lO,
O8
Please take notice that your proposed application dated June 10, 2008
For pmt#33677 to amend the plan to reconstruct & add portions of foundation at
Location of property 54985 North Road, Greenport, NY
County Tax Map No. 1000- Section 44 Block 1 Lot 5
Is returned herewith and disapproved on the following grounds:
The applicant was issued a variance, decision #6060 & 6145, for reconstruction of
dwelling & replacement of the eastern portion of foundation.
Following this amendment, the applicant intends to reconstruct other portions of the
foundation & add to the foundation, at approximately 19 ft. from the top of the bluff.
(Reference 4/29/08 Chomo Associates Site Plan)
Therefore the demolition & reconstruction at this nonconforming 28,149 sq. ft. parcel in
the R40 district, is not permitted pursuant to Article 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
APPLICATION TO THE SOUTHOLD TOWN BOAI~
ee: $ Filed By: Date Assigned/Assignment ] o
~ffice Notes:
House No. 54985 Street North Road Hamlet Greenport
SCTM 1000 Section 4__j Block 1 Lot(s). 5 Lot Size_28,149 Zone R-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED June 10, 2008 BASED ON MAP June 16
approved by Trustees on 5- -27 08
Applicant(s)/Owner(s): Spyro Avdoulos
Mailing Address: 160-12 11Ch Avenue, Beechhurst~ NY 11357
Telephone: 212-344-0600 Fax #: Email:
pcmoore l~optonline.net
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder,
contract vendee, etc. and name of person who agent represents:
Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _
Agents Address: 51020 Main Road~ Southold NY 11971
Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel(~optonline.net
Please check box to specify wbo you wish correspondence to be mailed to, from the above names:
[] Applicant/Owner(s), or E Authorized Representative, or {3 Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED March 22~ 2007~
2007 and DENIED AN APPLICATION DATED April 30~ 2007
FOR:
E Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[]Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article XXII Section 280- 116 Subsection__A (1)
Type of Appeal. An Appeal is made for:
REVIEWED BY ZBA
SEE DECISION
DATED ~ ~ / O_g_gr_
AV~uLOS R EStDENC E D.CT~: 4.29 as
5498:5, NORTH .ROAD:
GREENPORT NY , SK'I
CHORNO ASSOCIATES
architects.
SOUTHOLD, NEW
£ S87'. 0"
$7.:
E
LOT
15
SURVEY OF
& THE WESTEg, LY 1/2
MAP OF PROPERTY OF
H. YOUNG AND R. J.
FILE No. 565 FILED SEPTEMBER 11,
SITUA TED A T
GREENPORT
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-44-01-05
SCALE 1"=30'
JUNE 16, 2006
OF LOT 16
GOODALE
1929
AREA 28,149.95 sq. ff.
(TO TIE LINE} 0.646 ac.
JUN 1 1 2008
30,A2D OF APPEAD
NOTES:
1. ELEVATIONS ARE REFERENCED TO N.G.V,D. 1929 DATUM
EXISTING ELEVATIONS ARE SHOWN THUS:~
EXISTING CONTOUR LINES ARE SHOWN THUS:
2. FLOOD ZONE INFORMATION TAKEN FROM:
FLOOD INSURANCE RATE MAP No. 5610500158 G
ZONE V6: COASTAL FLOOD WITH VELOCI~¢ HAZARD (WAVE ACTION);
BASE FLOOD ELEVATIONS DETERMINED
ZONE X:
AREAS D~ERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN,
/ /-15
//
--15
/\
/ \ ~
TEST HOLE DATA
(TEST HOLE DUG BY McDONALD GEOSCIENC£ ON MAY 16, 2006)
THE EXISTENCE Of RIGBTS OF WAY
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED,
N.YS Uc, No. 50467
Nathan Taft Corwin III
Land Surveyor
PHONE (651)727-2090 Fax (651)727-1727
'k
~J
AVDOULO. S RESIDENC[~~t~: '-"~'°~,
54985 NORT. H ROAD
GREEN,PORT 1~¥
CRORNO AssOCIATES
~ A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Tow~
[] Interpretation of the Town Code, Article Se.
[] Reversal or Other
A prior appeal E has, [] has not becn made at any time with respectto thi
No. Year_ (Please besuretoresearch before completingth~ question orcaH ou
Augur2007#6060
AprH2008 #6145
Name of Owner: Spyro Avdoulos
REASONS FOR APPEAL (additional sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment
to nearby properties if granted, because:
A previous variance was granted retaining the existing foundation and the house reconstructed on the
foundation 7.5 feet. This approval obtained a building permit, thereafter the building inspector stopped
the job alleging that the reconstruction exceeded the scope of the permit. This plan was resubmitted to the
Trustees which refused to permit the plan to continue and required the owner to reconstruct the house, on
the existing foundation, 10 feet further back for a total setback of 17.5. The drawings reflect the 18' setback
on the existing foundation. The existing foundation continues to be a full basement with an 18~ slab top as
the continuation of the patio. The ZBA approved a patio which was 7.5 feet and due to the relocation of
the house towards the street the patio is
As previously stated in the hearing testimony in appeal #6060 and appeal 06145 the house is located
on the Long Island Sound. The bluff is Iow and stable, vegetated and protected by large bolder. The
corners of the existing house were on the Coastal Erosion Hazard line. In an effort to follow the policies
of LWRP, the Trustees and ZBA the portion of the house which extended over the Coastal Erosion Hazard
Area up to a structural beam was removed a new north first floor wall was proposed to be constructed over
the existing full basement foundation. These plans had to be changed due to the Trustees second permit.
As was previously approved, the existing foundation is retained and converted to patio. The owner
re-designed the addition to the existing residence which would be landward of the existing structure on the
Long Island Sound, the second floor which presently is set back will be reconstruction and will meet the side
yard setbacks (stepped back 3 feet). As was previously approved the second floor was to be reconstructed
and made a full second floor space. The relocation of the house requires the owner to incur architectural
fees so he expanded on the landward side 5 feet out. The existing residence had three bedrooms and full
bath on the second floor and two bedrooms and two baths on the first floor. The owner wishes to add
bathrooms to the second floor and modify the living space on the first floor. The additions to the first floor
and second floor are on the landward side of house. We obtained a variance to replace a foundation wall.
We have implemented. The Trustees required a non-turf buffer and dry wells which continue to be
incorporated into the plan.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant
to pursue, other than an area variance, because:
We had a building permit, this building permit was stopped. We resolved the dispute with the Trustees by
moving the reconstructed house back on the existing foundation. The foundation was approved in appeal
g6060 and appeal #6145. Now the revisions retain the foundation and reduces the nonconforming
setback to the bluff from the originally approved plan to the Trustees approved plan. Any deviation from
the Trustees approved plan will continue the endless permit review.
This ping-pong effect can be avoided by the application of 280-116 (A)(3) Buildings or structures
which are landward of existing principal dwellings shall be exempt from the requirements set forth in
Subsection A (1) and (2) hereof.
The ZBA approves plan A which is closer to the bluff, the Trustees approve plan B which is further
away from the bluff, therefore reducing the nonconformity upon which the variance was granted, the more
restrictive setback will control. This interpretation would eliminate the endless review of inconsistent plans.
(3) The amount of relief requested is not substantial because:
The house is made more conforming from the original approved variance. Rather than 7.5 feet on the
existing foundation we are at 18 feet on the existing foundation. The patio was 7.5 now it is 18. The
foundation basement has not changed. The reconstructed house is more conforming because it is further
away from the Coastal Erosion Hazard Area. In order to comply with side yard setbacks the second floor
is 15 feet from the side yard.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
The revised plan pushes the house towards the road, the basement is retained as previously approved. As
has previously been determined, the bluff is stable . Retaining the foundation enables the owner to
minimize activity on the seaward side of the house except converting the foundation into patio and steps
down (as previously approved by ZBA).
(5) Hastheallegeddifficultybeen self-created? ( )Yes, or (X)NoTheexistinghousepredatesregulations.
This plan proposes the least disturbance to the bluff because the existing stable foundation will be retained.
The bluff is Iow, the land is protected by a Jetty and bulkhead. There is no threat of erosion to the upland.
Are there Covenants and Restrictions concerning this land: E No. Yes (olease furnish coov).
Except standard Trustees permit conditions of non-turf buffer and dry-wells.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure~orney.)
S~q~ture of Appellant or Authorized Agent
II ~-~ (Agent must submit written Authorization from Owner)
Sworn
to
before
this
me
dayof 3,)q~ ,20~
additional sheet:
"When a variance is granted, the use permitted becomes a conforming use."Rathkopf further
states" the effect of a variance is to give a landowner a license or permit to use his property in a
manner otherwise violative of the zoning ordinance..", Rathkopf's Law on Zoning & Planning,
chapter 58:23
The Zoning Board granted in the first variance the setback to the bluff which retained the
foundation and reconstructed the house on the existing foundation 7.5 feet back from the original
existing house line. (Appeal #6060) Thereafter the ZBA granted reconstruction of the
foundation wall ( appeal #6145). The reconstructed house on the foundation is moving towards
the road and becoming more conforming. The foundation is an existing structure which is
retained. The addition, approved on the landward side of the foundation, has changed due to the
loss of the square footage on the seaward side which required redesign. Nevertheless the
structure proposed is landward of the existing foundation which received a variance and a
building permit. Therefore, the addition on the landward side of the house is not increasing the
nonconformity.
This application of 280-116 ( C), in the case where a variance is granted from the top of the
bluff, would prevent the repeat variances caused by design changes and modifications as a result
of Trustee' s action.
05/26/2005 15:52 FAX 631 765 4643
MOORE LAW OFFICES
~ ZBA ~001
PATRICIA C. MOORE
51020 Main Road
~i~/Southold, New York 11971
August 25, 2008
Southold Town Zoning Board of Appeals
Gerard P. Goehringer, Chairman
Southold Town Hall
53095 Main Road
Southold, NY 11971 ~
Re: Spyro 54985 North Road,
1000-44-1-b
Greenport
Dear Chairman and Board members:
In accordance with our discussion at the hearing, it is my
understanding that the LWRP coordinator has referred to the
previous LWRP recommendation dated March 26, 2008. Similarly, I
ask that you please incorporate previously conditioned best
management practices as well as my response dated March 27, 2008
and the prior hearings on this property into your decision.
The Board has considered in previous appeals the following
facts in reaching their decision to approve applicant's request:
The property contains a bulkhead and Jetty which presently
provides protection from loss of life, loss of structure, flooding
or erosion. The existing residence was constructed in the 60's
with no evidence of loss and the slope of the bank is stable and is
described as a 25% slope.
The re-submission to the Board to construct further back on
the existin~ foundation and new foundation landward of the existin~
foundation is consistent with the findings originally made by this
board on August 16, 2007 (first appeal). The original plan was
designed to maximize the distance to the Coastal Erosion Hazard
line. This proposal retains this objective.
The livin~ space reconstructed on the existing foundation has
08/26/2005 15:53 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~002
been increased from seven feet to 18 feet back. This plan was
undertaken primarily to comply with the Coastal Erosion Hazard Law
and policies of the LWRP, and to address the Trustee's concerns.
The LWRP coordinator fails to recognize that this plan removed an
existing structure out of the Coastal Erosion Hazard Area therefore
the basis for finding inconsistency under policy 4 is incorrect.
The owner's efforts to make the existing dwelling ~more
consistent" with the LWRP is evidenced by the following actions
taken by the applicant:
1. To further minimize disturbance to the seaward side of the
house the exiting foundation of the old house was converted to a
patio. By converting the existing living area of the structure to
a patio the new structure was reducing the nonconformity and the
new structure was ~more consistent" with the LWRP. This appeal
further pushes the new construction away from the Long Island
Sound.
2. The existing sanitary is being replaced with a sanitary which
was located more than 100 feet from the top of the bank. The
construction and relocation of the new sanitary makes this
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". The sanitary plan remains a minimum
of 100 feet from the top of the bank.
3. The alterations to the dwelling required dry wells and gutters
for all roof runoff, therefore this application is ~more
consistent" with the LWRP at policy 4 "minimize loss of life,
structures, and natural resources from flooding and erosion",
policy 5 ~protection of the water quality and supply of the Town"
and policy 6 "protect and restore the quality and function of the
Town of Southold's ecosystem"
4. This alteration to the dwelling required a nonturf buffer to
capture surface water runoff before running down the bank, this
condition makes the project "more consistent" with the LWRP at
policy 4 ,,minimize loss of llfe, structures, and natural resources
from flooding and erosion", 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"
5. The existing dwelling did not comply with the standards of the
New York State Building Code. The construction will bring the
08/26/2008 15:53 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~003
entire house into conformity with the New York State Building code.
All these requirements mandated by the State of New York make the
structure ~more consistent" with the LWRP specifically policy 4
~loss of life" and policy 13 "promote appropriate use of energy;
resources".
6. The revised plan does not materially change the overall
project, the proposed plan is consistent with policy 4 ',minimizing
loss of human life".
At the time the Board granted the original approval in August
2007 the LWRP was in place, policies were addressed and mitigation
implemented to make the proposed dwelling ~more consistent".
We ask you to find that the project, as proposed, was made
~more consistent" by virtue of the above mitigation measures taken
to conform to the policy's of the LWRP.
oy°urs,
PCM/mr
Encls.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
--q~'A r e t Rutkowski
Betsey Perkins
Secretaries
June 11, 2008
Southold Town Zoning Board of Appeals
Gerard P. Goehringer, Chairman
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re: Spyro Avdoulos, 54985 North Road,
1000-44-1-5
Greenport
Dear Chairman and Board members:
We respectfully request your immediate attention and my client
begs that you squeezing us on the June calender. This third
application to your board for a variance from top of bluff results
when one Board affects the approvals 9ranted by another Board.
This regulatory process has resulted in extreme personal and
financial hardship to the client.
The Trustees approved a permit to reconstruct over the
existing foundation and new landward addition. However, the house
(first and second floor)was pushed on the foundation an additional
10 feet away from the top of the bluff, making the total setback
from the top of the bluff for the reconstruction over the existing
foundation 18 feet. This push caused the house to move toward the
road (landward of the existing foundation and therefore more
conforming). I am in receipt of your letter directing us back due
to the changed footprint.
The 15 foot side yard setbacks requires the owner to redesign
the landward portion of the house (all new architectural plans).The
construction plans of the project approved twice by your Board are
unusable, we ask you to review this application without elevations.
I have submitted a full application with the Trustees approved
plan and foundation plan. The variance remains "setback from the
top of the bank" and the foundation and basement remain in place,
the house pushes back and the foundation becomes a larger patio
(slab over basement). The volumes of the house are toward the road
with conforming side yard setbacks not toward the bluff. The
contractor is staking the corners of the house late today or
tomorrow and I will submit them as soon as it is done.
If you have any questions or need anything please do not
hesitate to contact me.
~__-~ftricia C. Moore
PCM/mr
Encls.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
June 4,
RECEIVFO
JUN 5 - Z008
(No
Betsey Perkins
Secretaries
2008
Southold Town Zoning Board of Appeals
Gerard P. Goehringer, Chairman
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re: Spyro Avdoulos, 54985 North Road, Greenport
1000-44-1-5
Appeal #6060 & #6145
Dear Chairman and Board members:
We have submitted a new plan for the reconstruction of the
house. The Trustees denied approval for the plan approved by
you in appeal #6060 and #6145, therefore we were obligated to
change our plan. The Trustees approved the reconstructed house, on
the foundation, further back. (Drawing enclosed as approved by
Trustees). This relocation of the house on the foundation required
the owner to redesign the front (road side) of the house: we pushed
back 10 feet of the house and lost 305 square feet and the
nonconforming preexisting width. The redesigned new addition is
narrower to keep the addition with a conforming side yard (15
feet), redesigned to avoid a side yard variance. The redesigned
landward addition is 446 square feet (a net gain of 141 square
feet).
In accordance with decision #6145, the Board reserved the
right to "substitute a similar design that is de minimus in nature
for an alteration that does not increase the degree of
nonconformity"
As you recall the ZBA approved the house closer to the bluff
(#6060)and the new foundation for the same house (#6145) ( both
enclosed for your convenience). Both plans included an addition
with new construction "landward of the existing foundation".
Because the entire house is within 100 feet of the top of the bluff
the building inspector has asked that this plan, as approved by the
Trustees, be reviewed and approved by the Board.
The Building Inspector has informed me that he can not issue
the amended permit because the plan differs from the plan the ZBA
approved. We ask for your assistance to resolve the discrepancy
between your approval and the Trustees approval. This project
continues stopped until the building inspector approves the revised
plan.
~--~P~atricia C. Moore
PCM/mr
cc: Mr. Avdoulos
Encls.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502 ,: : ::-----
SoutholdTown.NorthFork.net PERMIT NO.
Examined .20
Approved ,20__
Disapproved a/c ~/~o) {~
Expiration _, 20
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mail to:
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date ~ /O ,200~>
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of th/s application, the Building inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection tlrroughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department fbr the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suftblk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, amd regulations, and to admit
authorized inspectors on premises and in building lbr necessary inspections. ~7..----~
~ (Signature of applicant or name, ifa corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises ~,O~r-~ ~v'deot//ot
/ / (As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which prop9~ed work will be done:
House Number Street
Hamlet
County Tax Map No. I000 Section /'/5/
Subdivision
Block ~,,0.~, , ~ ,~ Lot
Filed 1vt~rNo.: :' ', ,,,, "~,~ Lot
State existing use and occupancy of premises and intended use and occupancy of proposed construction:,,
~.~ Existing use and occupancy ~/,¢/r'r/~'/r,'/-,q d~ ~~ t'~,~//~:/~"o~"'9 ~
~. Intended use ~d occupancy ~~ r~ff~C~c~.~ ~~-
Nature of work (check which applicable): New Building ~~ Addition ~ Alteranon,
Repair Removal X Demolition OtherWork ,~a~f~ff~ ~
(Description)
~ .~ Estimated Cost ~620,/t52d20
If dwelling, number of dwelling units
If garage, number of cars
Fee
(To be paid on filing this aptplication)
Number of dwelling units on each floor ~
5. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height
Number of Stories
Rear
Dimensions of same structure with alterations or additions: Front
Depth Height Number of Stories
Dimensions of entire new construction: Front
Height Number of Stories
Depth
Rear
Rear _Depth
Size of lot: Front Rear Depth
10. Date of Purchase
Name of Former Owner
1 l. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation'? YES
13. Will lot be re-t~'aded? YES
14. Names of Owner of premises
Name of Architect
Name of Contractor
NO
NO
Will excess fill be removed from premises? YES__ NO
Address Phone No.
Address Phone No
Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 2<' NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIkED.
b. Is this property within 300 feet of a tidal wetland? * YES K~ NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES
· IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
SS:
COUNTY OF~
?~t,,~ (/"//ff~ ~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(s)ne
is
the
t~~(~ractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have perlbmzed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Swoj'o. tofl~efore me this
////~-/ dayof J o',a ~? 200~'--
/ ~ota~ ~uonc
Signature of Applicant
FORM NO, 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 25569 Z Date FEBRUARY 26t 1999
Permission is hereby granted to:
SPYROS AVDOU~0S
160-12 llTH AVE
WRITESTONE~NY 11357
for :
DEMOLITION OF EXISTING GARAGE. DISCONNECT ALL UTILITIES PRIOR TO
DEMO.
at premises located at 54985 CR 48
County Tax Map No. 473889 Section 044
GREENPORT
Block 000! Lot No. 005
pursuant to application dated SEPTEMBER 21 1998 and approved by the
Building Inspector.
Fee $ 31.00
Rev. 2/19/98
ORIGINAL
SUFFOLK COUNTY TAX ~4AP
O/STRICT SECT/ON BLOCK LOT
I000 44 I 5
MAP OF PROPERTY OF W.N. YOUNG AND R.J. GOODALE
F/LED SEPTEMBER I I, 1929 FIIE NO. 585
SITUATED AT SOUTNOLD. TOWN OF SOUTNOLD. SUFFOLK COUNTY. NEW
GUARANTEED 70: $PYRO AVOU£OS AND MARGARETA AVOOLOS
COMMONWEAL TH LAND TI TLE INSURANCE COMPANY
SCALE · I' - $0' II CHURCHILL LANE - SM/THrOWN. N£~
,v~,o /,~Z? O.~7~/,w TEL. ($16) $45~$189
SURVEY OF LOT I$ AND PART OF LOT
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town H~l
53095 Route25
P.O. Box 1179
Southold, New York 11971-0959
Telephone(631) 765-1892
Fox(631) 765-6641
May 2'1, 2008
Patricia C. Moore, Esq.
51020 Main Rd.
Southold, NY 11971
RE:
SPYRO & MARGARITA AVDOULOS
54985 NORTH RD., GREENPORT
SCTM~,4-1-5
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
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,
~ill M. Doherty, Vice-Pre,dent
~,Board of Trustees
JMD:lms
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 6862 DATE: MAY 2L 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 &Trustees adopted at the meeting held on
Ma,/21, 2008 in consideration of application fee in the sum of $500.00 paid
subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authoriz
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 dwelling
over existing foundation (7.5' original setback and 10' over basement - total 17.5') to
chimney. Construct addition landward of existing foundation. Reconstruct fou~
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 Choruo Assoc. last ~
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.
-Ja'~OF. King-NAY
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095Route 25
P.O. Box 1179
Southold, NewYork 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
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
l.~oard of Trustees ~'
JMD:lms
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
June 24, 2008
/ /
/ THoM^s ISLES, ,...
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant(s)
Municipal File Number(s)
Maritime Day School 6170
Carley 6171
Higgins 6172
Shipman/Shamrock Tree 6173
Despagni 6174
Zito 6175
Perkins 6177
Bodarchuk 6178
Stein Family Trust 6179
Pine Neck Holding 6180
Gallagher 6181
Lutkowski 6185
2000 Broadwaters LLC 6186
Stork 6187
Manfredi 6188
Avdoulous 6189
Very truly yours,
Thomas Isles, AICP
Director of Planning
TRK:cc
LOCATION
H. LEE DENNISON BLDG. o 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
S/sTheodore R. Klein
Senior Planner
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY 11788-0099
{631) 853-5191
TELECOPIER (631) 853-4044
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
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 · t~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
June 11, 2008
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6189 (AVDOULOS)
Dear Mark:
We have received an application based on a June 10, 2008, Notice of Disapproval
concerning further changes for new portions of the foundation areas/new single family
dwelling on North Road, in Greenport, and shown on the enclosed site map. Copies of
the Notice of Disapproval, the new Trustees Permit dated May 21, 2008, revised LWRP
form and current photos are also attached for your use and reference. May we ask for
your assistance in an evaluation and recommendations for this proposal.
Thank you.
Very truly yours,
Gerard P. Goehringer
Chairman
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
June 11,2008
Mailing Address:
Southold Town Hall
53095 Main Road · RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File #6189
Action Requested:
Within 500 feet of:
Owner/Applicant: AVDOULOS
Sound Bluff/Bank Setback (new dwelling)
( ) 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,
Encls.
Gerard P. Goehringer
ZBA Chairman
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:_Spyro Avdoulos
Date Prepared: June 10, 2008
JUN 1 ~ ?Oq3
I. For Demolition of Existing Building Areas
Please describe areas being removed: all structure retain foundation
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: house starts at 18' from seaward end of foundation (23' on
existing foundation + 25' landward of existing foundation) 48' total length x 31.3 width + 3 wide
portion
Dimensions of new second floor: 31.3' width x 48' (over first story)
Dimensions of floor above second level: none
Height (from finished ground to top of ridge): same as previous variance 31'
Is basement or lowest floor area being constructed? Existing full basement and crawl space
retained, new crawl space over new portion, 10' of basement and 8' of existing foundation walls
(slab for patio over part of basement)
If yes, please provide height (above ground)
measured from natural existing grade to first floor: 2' 3"
III Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: new addition landward of
existing 31' x 25' (house moved forward 10' 6" and 14' 6" toward road first & second floor moved
toward road) new design is 4' 6" on landward side of house
V. Number of Floors and Changes WITH Alterations: two
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: Existing- foundation of existing house
1,214 sq.ft. + Garage: 467 square feet = total 1,681 sq.ft.
Proposed increase of building coverage: addition 31' x 25' beyond existing foundation (775
sq.ft.)with covered entrance 98 sq.fi..= 873 sq.ft total increase.
Square footage of your 1ot:__28,149.93_ less approx, unbuildable 2,560_
Percentage of coverage of your lot by building area: Total existing & proposed 2,456 / 25,589
lot coverage -- 9%
V. Purpose of New Construction Requested: reconstruction of house over existing foundation
with new construction on landward side of foundation.
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): flat adjacent to Long Island Sound
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking comers for new construction), or photos of existing building area to be altered (area
of requested changes).
7/2002; 2/2005; 1/2006
dUN 1 1 ?07
LWRP CONSISTENCY ASSESSMENT FORM
INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall cOmplcte~AF 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.
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).
If any question in Section C on this form is answered "yes", then the proposed action may affect
the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior
to making a determination that it is consistent to the maximum extent practicable with
the LWRP policy standards and conditions. If an action cannot be certified
as consistent with the LWRP policy standards and conditions, it shall not be
undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000-01-2-11
OWNER: Spyro Avdoulos
54985 North Road, Greenport NY 11944
AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. Building Dept. Board of Trustees __
Zoning Board of Appeals X
1. Category of Town of Southold agency action (check appropriate
response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction) __
(b) Financial assistance (e.g. grant, loan, subsidy) __
(c) Permit, approval, license, certification: X Variance to conform to Wetland Permit
Nature and extent of action: Permits previously issued: Building inspector requires
previously issued ZBA variance to be amended to conform to Trustees permit.
Location of action: 54985 North Road, Greenport
Site acreage: 28,149 sq.ft.
Present land use: existing first floor of residence to be reconstructed and east
foundation wall modified
Present zoning classification: r-40
2. If an application for the proposed action has been filed with the Town of
Southold agency, the following information shall be provided:
(a) Name of applicant: Spyro Avdoulos
(b) Mailing address: 54985 North Road, Greenport
(c) Telephone number: Area Code (631) 765-4330 (Pat Moore)
(d) Application number, if any: amendment to original ZBA appeal pending/trustees
application for amendment to permit
Will the action be directly undertaken, require funding, or approval by a
state or federal agency?
Yes X No If yes, which state or federal agency:
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community
character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a
coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies;
Page 2 for evaluation criteria.
X Yes No Not Applicable
Existing lot is.5 acres and is nonconforming in 1 acre zone. The lot is low bluff, protected
by wood retaining walls, bolders and a rock jetty_ adjacent to Long Island Sound. The
proposed reconstruction on the existing foundation is landward of the previous variance.
Reconstruction is landward of the CEHA Stabilization of disturbed areas will be achieved
with appropriate vegetation, no disturbance is proposed to existing natural vegetation or
natural topography north of the line labeled "top of bluff" on survey. Addition is landward
of the existing foundation
licy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
Yes No X Not Applicable
land is not identified as area of Archeological Sensitivit~ 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 ~,rading to I~revent water runoff
down slope mitigate effect on scenic resource. The previous permit incorporated all
mitigation measures. Conditions are consistent with LISCMP (Long Island Sound Coastal
Management Program) which prevents non-point source pollution, prevents flooding and
erosion. This application is to repair a wall of the foundation which was found to be
defective during construction.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See
LWRP Section III - Policies Pages 8 through 16 for evaluation criteria
X Yes No Not Applicable
Owner has implemented erosion control measures, i.e. haybales, silt fence, and buffers. A
sediment barrier and standard storm water and pollution control measures are
implemented on the site prior to and during construction.
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III - Policies Pages 16 through 21 for evaluation criteria
X Yes No Not Applicable
Miti~,ation of impacts on water quality are achieved through stormwater and pollution
control methods which have been implemented in this project. Drywells and gutters are
proposed to direct all roof runoff into onsite recharge. Groundwater protection
implemented through properly engineered sanitary system which requires that the bottom
of the leaching pools be located a minimum of 2 feet above seasonal high groundwater.
Alom, Lon~ Island Sound sanitary systems and construction activities are in excess of 100
feet from the tidal waters. The Trustees requested that the sanitary system be located a
minimum of 100 feet ffrom the bluff which resulted in a loss of an existim, ~,ara~e.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -
Policies; Pages 22 through 32 for evaluation criteria.
X Yes No Not Applicable
Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming.
The Coastal Area Boundaries of New York State along Long Island Sound will not be
affected because of mitigation measures implemented by standard permit conditions. Soils
along Long Island Sound (Carver~ Plymouth, and Riverhead Soil) are deep, course texture
and excessively drained.
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -
Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through
38 for evaluation criteria.
Yes No ~X Not Applicable
Air quality will not be affected by residential use. Standard building codes compliance
prohibit degradation of air quality or emissions. Efficient heating and airconditioning
systems and filters protect against air quality.
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for
evaluation criteria.
X Yes No Not Applicable
Solid waste is controlled through town-wide recycling, no hazardous substances proposed
at site. Use of natural untreated materials (CCA is discouraged by Trustees) A new
sanitary meets County requirements, no pesticides are proposed and turf areas are limited.
Planting plan will use indigenous and drought tolerant vegetation.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and
public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46
for evaluation criteria.
__Yes XNo Not Applicable
The parcel is private ownership
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent
uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation
criteria.
Yes No X Not Applicable
Residential use of property on establish lot will not adversely impact Long Island Sound
coastline.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
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 havbales
are in place during construction, all measures which prevent leachate or other
environmentally deleterious material associated with development from entering the waters
of the Long Island Sound.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies;
Pages 62 through 65 for evaluation criteria.
Yes No X Not Applicable
Area has not developed for agriculture. North Road is predominantly residential
development.
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria.
Yes No X Not Applicable
Single family residential home is deemed by the Town of Southold as an appropriate
permitted use with no significant drain on existing energy and mineral resources. Existing
electric, gas and other resources are adequate to meet the needs of this lot.
*copy of Town form created on 5/25/05
OWNER:
CTM:
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Spyro Avdoulos
1000-44-01-05
Is the subject premises listed on the real estate market for sale?
[3 Yes E No
Are there any proposals to change or alter land contours?
E No [] Yes, please explain on attached sheet.
1) Are there areas that contain sand or wetland grasses? yes
2) Are these areas shown on the map submitted with this application? yes__
3) ls the property bulkheaded between the wetlands area and the upland building area?
yes
4) lfyour property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ~Please confirm status of your inquiry
or application with the Trustees: ZBA variance to conform to Trustees permit
and if issued, please attach copies of permit with conditions and approved map.
D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet
above mean sea level? bluff bulkhead
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? no (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? __ stopped
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe: same as appeal 6060 & 6145
G. Do you or any co-owner also own other land close to this parcel? no
the proximity of your lands on your map with this application.
If yes, please label
H. Please list present use or operations conducted at this parcel residence
and proposed use
(examples: qxisting: single-family; proposed: same with garage or pool, or other description.)
._ ,,./(
,~uthorized Signature and Date 2/05;
1/07
APPEALS BOARD MEMBERS
Gerard R Goehringer. Chairman
Ruth D. Oliva
James Dinizio, Jr.
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 · 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
September lZ, 2008
Mr. Spyro Avdoulos
160-12 11th Avenue
Beechhurst, NY 11357
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: ZBA # 6189 - Application by Mr. Spyro Avdoulos (Variances)
Dear Mr. Avdoulos and Ms. Moore:
Enclosed please find a copy of the Zoning Board of Appeals determination
rendered at the September 4, 2008 Meeting.
Please be sure to contact the Building Department for follow-up regarding
documents that may be required in the next step of applicable code reviews and
building permit application process, and concerning any other agency approval,
before commencing construction activities.
Thank you.
Very truly yours,
Linda Kowalski
Encl.
Office Location:
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
USPS Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
June 6,2008
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: Letter- Changes in Construction at CTM 1000-44-1-5 (Avdoulos)
Dear Ms. Moore:
We are in receipt of your letter dated June 4, 2008 concerning proposed construction
changes. Your letter explains new areas in the proposed redesign, which will be for
conformity with the code on a side yard, although the other changes are proposed within
100 feet of the L.I. Sound which were not part of the prior appeal applications (issued during
2007 and in 2008).
Your letter also states that the Building Inspector will require ZBA approval because
the amended plan differs from the previous plans approved by the ZBA.
Based on the above, the only procedure permitted by code for relief by the ZBA for
the requested amendments would be to follow the same appeal procedure that was
followed under the first appeal, based on a determination of the Building Inspector in writing.
Thank you.
~C ~;~;m~ma ~ Goehringer
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
June 13, 2008
Zoning Appeal No. 6189
Transmitted herewith is Zoning Appeals No. 6189 of Spyro Avdoulos- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is a Transactional Disclosure Form,
Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, 2 Page
Letter from Patricia Moore Explaining Changes to Construction, Notice of Disapproval From
Building Department Dated June 10, 2008, Notice from Board of Trustees Dated May 21, 2008
with Wetland Permit & Coastal Erosion Permit, Notice from Board of Appeals Dated June 6,
2008 Explaining Relief Must be Sort from ZBA, Authorization Letter from Spyro Avdoulos to
Patricia Moore, Esq. to Represent him in this Matter, Building Permit #25569 to Demolish
Existing Garage Dated 2/26/1999, 3 Photos of Property as on 6/11/08, 2 Pages of Property
Record Card, Site Plans Showing Original House, New House Approved & Proposed New
House with Cross Sections Prepared by Chomo Associated Revised 5/22/08, Survey of Property
Dated June 16, 2006 Prepared by Nathan Taft Corwin III, Land Surveyor, Drawing of
Foundation Showing Existing & Proposed Crawl Spaces & Basement Dated 5/30/08 Prepared by
Chorno Associates.
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 06/12/08
* * * RECEIPT * * *
Receipt'8: 21712
Transaction(s):
1 1
Application Fees
Reference Subtotal
6189 $400.00
Check#:7012
Total Paid: $400.00
Name:
Avdoulos, Spyro
160-12 11th Avenue
Beechurst, NY 11357
Clerk ID: CAROLH Internal ID: 6189
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 6/11 /08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIYED
6189 AVDOULOS, Spyro 7012 $400.00
~"'""-'-' T~-'- Ci k
BYl
Thank you.
TRANSACTIONAL DISCLOSURE FORM
APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT:
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part Of Town
officers and employees. The purpose of this form is to provide information, which can alert the
Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid
same.
and Patricia C. Moore Esq.
(Last name, first name, middle initial, unless you are applying in the name of someone else or
other entity, such as a company. If so, indicate the other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Variance
Special Exception
*Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
X
JUN
*If "Other" name the activity: Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship with any officer or employee of the Town of Southold?
"Relationship" includes by blood, marriage, or business interest. "Business interest" means a
business, including a partnership, in which the Town officer or employee has even a partial
ownership of (or employment by) a corporation in which the Town officer or employee owns
more than 5% of the shares.
YES NO X
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant, agent or contract vendee) and the
Town officer or employee. Either check the appropriate line A through D (below) and/or
describe the relationship in the space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
None
Print Name:_~C/a~> ~eJ-t/~:doU/oj
Signatu~~~lil/~~
Print Name: Patricia C. Moore Esq.
BOAR!i
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 ~-~
hereby authorize you to make any and all applications to the Town of South°ld Zoning Board"'o'f~''~'
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.
,~' ~ SPYRO AVDOULOS
APPEALS BOARD MEMBERS~
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio. Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · RO. 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.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, AUGUST 21, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and
Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will
be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,
53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY,
AUGUST 21, 2008:
1:40 P.M. SPYRO AVDOULOS #6189. Request for a Variance under Section
280-116A(1) based on the Building Inspector's June 10, 2008 Notice of
Disapproval concerning a proposed amendment to plan for a new dwelling at
less than the code-required 100 foot minimum from the top of the bluff or bank
of the Long Island Sound, at 54985 North Road, Greenport; CTM 1000-44-1-5.
The Board of Appeals will hear all persons, or their representatives, desiring to be
heard at each hearing, and/or desiring to submit written statements before the
conclusion of each hearing. Each hearing will not start earlier than designated
above. Files are available for review during regular business hours and prior to the
day of the hearing. If you have questions, please do not hesitate to contact our office
at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us.
Dated: July 28, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
STATE OF NEW YORK)
) SS:
COUN,TY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
7th day of Au.qust, 2008.
Principal Clerk
Sworntobeforemethis ~-~ dayof ~?~/'~ 2008
NOTARY PUBLIC-STATE OF NEW YORK.
NO. 01-VO6105050
Qualified In Suffolk County
My Commission Expires February 28, 2OI2
required 35 feet, a 340 Colonial Road,
S0utho d; CTM 79-6-29~ '
10:25 a.m. THOMAS ZOITAS #619t.
280-15~ based on the Building Inspec-
tor's Ju~e IZ 2008 Noticeof Disapproval
or .re,tore the da portion of any
budding damage~, destr0yed tis Set
forth in Subsection B(1) abbve shali be
filed within one year of the date 0f Such
damage and shall be gc~hmp3niecL by
plans for reconstruction which~as to Such
portion, shall compty With the reqmi-e.
merits Set forth aSove, if ~fieh perm2t is
issued, it shall/apse one year therea~er
unless reconstruction in accordance wi~
m a yard other than the code-required the approved plans bas been initla}edi
rear yard or front yard, at 6255 Route 3):.Mternat£vely~ Va?nces besed ~
48 (property adjacent to Long islfind the gu~iding Inspectd~s ~6vember
Sound), Greenp0rt; CTM 40~1-7. ' 2007, Nofic6 of Disap~r6val
10~55 a.m. $OANN WALKER #6193. tioh 280q21~¢: a~ld;
~80-15,basedon theBuilding Ingp&~i6~ s sory cottage use is ,nonconfonn rig:ann
Sune13,2008Notiee ofDisapprova c6nL constitute~ a seCOli~ dWellin
¢~rning a, proposed aCCeSmrv sWimmjn# c:
pool structure ~rr a yard other than th ~ ~e ~large~l' altered;
code;r~qinred rear yard (or fr6nr ~$ard) placed on a different portiol~of~the lot.
at 290 Town Harbor Terrace, So~th61d;
CI'M:66~1-33 (adjacent to Little Peconie use be increased by any m~ans whatso-
OUST 2L 2008;
9:30 a.m. 2000 BRdADWATERS
LLC # 6186. Request for a Variance un-
der S~ction 280-124 based on the Build-
lng Inspector's Ma~ 1Z 2008, Notice of
Disapproval cqncerm0g a proposed new
dwelling with a se~a~k al less"tiaa the
feet
accessory cottage. The ~asons stateddn
the Bull~ling InSpector s N6ti~:e o(Dis-
appr6val akh; 'll~e building' shall nSt be
enlarged, altered, extehded, ~:~const~lct-
ed or restor~i~ or replace~ o~'~ differ~n
portion of the lot b; parcel 0f land oc~u-
ewdence of sneh u~ be iner~asecLby any
means whatsoever, and (2) One-family
CTM 111-5-7.2.
9:50 a.m. RYAN and JENNIFER
SToORK # 6t87.-Request for Variances
un/ler SeC[ions '280-1~6 ~afid -280-124
based on th& B ,~ldlng fospac%r's May
15, 20087 Notice of ~isa~pmval con-
ceming a ~roposed new dw~l lng (after
75 feet from the existing bulkhead adja-
dent to Gl~t Peeonic B~g Location of
P~°~'t~,'3~Y04Peem~i Bay .Bou evard
LaurekCltM428.6:8
~6188. R64~aeai for ~a Varian~ undex
Secfion:.~2804~ aa.a~iS0.124, (7~
terl~etatlon.gS039), based'on tfi~ Build-
mg Inspea/~a~'s June tfi, 2008
280-I5~; ba~ed oil the B .........
tot's June 4 uJld ng [nspec Vfiri~nee' ufi~ler $~dfio:[ '
exceeding 20 ft. in
posed setback at less
the property line. at 220 A
Southold; CTM 70-1-6.g
l:05 p.m. EUGENIA l
6~95; Request for a Special ~xc6ption
under Section 280-13B to establish al~
Accesgory Apartment in this s/ngle.
family dwelling, with owner-occupancy.
Location of Property: 235 Captain Kidd
Drive, Lot//192. Map of Capture
Estates, Block I5, situated at Mattituck:
;{~ :~.~., sm~o'~-xv~o~os
mg Inspector!~.~'inl,~ 10, 2008 Notic6 of
:P~.E~e ~navatiohsY~jt~l:afions, ~d-
di{~6hK fi~i~t ~x~all~oi{' ~f ~tha exis~lg
: Building Inspector's
November 8,2007Notice 6f Disapproval
· whic,h, state.that the accessor~ cottage
~se is noheonf0tming and constitutes
a second dwe/ling, uniL citing Sect 0~1
280-121A, which provision states: Such
nonconforming use of buildings ... may
be c~ntmued indefinitely, except that
such building or use (Al shall n6t be en-
larged, altered, extended, reconstructed
or restored-orplaced on a different por-
tion of the lot or parcel of land occupied
by such use on the effecUve date of this
chapter, nor shall any external evidence
of such use be increased by any means
whatsoever, and Notice of Disapproval
c~tmg Section 100-3iA, which prows:on
states:"In A-C, RS0 Dismcts, no builthng
or premises shall be used and no build-
mg or part of a building shall be erected
or a~tered which ~s arranged, intended
or designee to be used, in whole or ~n
part, for any uses except the following:
A. Permitted uses. One-family detached
dwellings, not to exceed one awellmg on
each lot":
2) I?~erpretafion to deal w h this pre-
exi~tin~ i:e§identll/l use ih a resident a
zone, ~pplyihg-C6de S~ction 280-121A
and/or 280-122, Nonconforming Build-
ings with=Conforming Uses, which states:
A. Nothing In thi~article shall be deemed
to prevel~t the remode ~ng, reconstruc
tion or enlargement of a non~onfoawh-
lng building containing a conforming
act/on noes not
2:30 p.m. Reserved f
WILLIAM
po61 and shed consttuctinn at: fl)less
than 100 feet from the top og the bluff
adjacent to the L,I. Sound; (2)]es~'than
the cod6-requlred thinimum 15 ~ slde
~ard (n6w d~tlir~g); ~3)'side,y~ff,tocal
tion and~etbec~ aCleSsthan ~Ofeet f:rom
tbe fr'°nt Y~d lot I/or (swimming pool
- andshed) and.(4) otcovera &~xces
of the co~e bm: anoh 6f 20% fall ~on-
str~elion). Locat on: 54005 North:Road
Sou~01d; CTM 52-1-10 and 1 &oinbined
2:45 p.m. MICHAEL ANASA~3ASTJ
& OTHERS -g6190.Request for Variant-
based on th~Bi~ilding, In~peet~-t,s May
8950-1T 8/7
of a
of its f~iryalue~sl{all~noi be repaired or
Di~t6~l 'mn~' h,,-~t~ I. ~2,~: :: m m th~heigh~ and
Yg~mq~kemen~ o~ ~eBu k gchedu e,
addmon ~ ~ ex~fing d~Mch C2~ Appl ca ion for a pemi~ to b~ild
TOWN OF $OUTHOLD
-OWNER
Fo' ~>ER OWNER
N
PROPERTY · RECORD
CARD
VILLAGE SUB. LOT
.
E (I :
W TYPE OF BL~'LDING ~'
L~I~D
SEAS.
IMP.
VL.
TOTAL
?/06/
FARM
DATE
//Y,/?/
COMM. CB, MISC. Mkt. Value
, REMARKS ' ,
~!4/4/. .~_ _ _ ~/~,,. :2~
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE ,
FA Pdv~ Acre Value Per Value
~I~ Acre
illob~e 1
illable 2
illable 3
foodland
,vampland FRONTAGE ON WATER
rushland FRONTAGE ON ROAD
ouse Plot DEPTH ~ v/
BULKHEAD
oral ) DOCK
t
OWNER
FORMER OWNER
SEAS. VL. FARM
LAND - IMP, '--TOTAL ---~ATE
I
AGE J BUILDING CONDITION
NEW J qORMAL
FARM Acre
L
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
Totals-*
BELOW
FRONTAGE ON WATER
' FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
Value Per
Acre
ABOVE
Value
//
,?
APPEALS BOA
James Dinizio~ Jr., Chairman
Gcrard R Gocbriagcr
Radl D. Oliva
Michael A. Simon
l.cslic Kanes Weisman
SO(i,
Mailing Address:
Southuld Town Hall
53095 Main Road · P.O. Box 117il
Soulhold. NY 11971 0959
Office Location:
Town Annex/First Floor. No,ih Fork Bank
54375 Main Road (al Youngs Avenue)
Southold. NY 11971
hltp://southoldtown.north f~}rk.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (6~1) 765-1809 · Fax {631) 765-9064
FINDINGS, DELIBERATIONS AND D ETERMINATIO~~T~k
MEETING OF AUGUST 16, 2007
ZB File No. 6060 - Spyro Avdoulos
Property Location: 54985 Nodh Road, Greenport
CTM 44-1-5
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this
application and determines that this review falls under the Type ti category of the State's List of Actions,
without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot has 63.37 feet along North Road
(C.R. 48), 405.83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the
Long Island Sound. The premises is improved with 1¼ story single family dwelling and accessory frame
garage, as shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated June 16, 2006,
BASIS OF APPLICATION: Request for a Variance under Section 280-116A, based on the Building Inspector's
amended June 13, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing
single-family dwelling wilh 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 CODF' 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 fandward 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 evalualion. No future
sprinkler irrigation system should be installed within close proximity of the bulkhead, which is a catalyst for
Page 2 - August 16, 2007
ZB File No. 6060 - Spyro Avdoulos
CTM No. 44-1-5
erosion and can cause damage 1o 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
conslruction, as proposed, in this application.
Grant o1: 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 Ihe 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
properly, 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
detrimenl to nearby properties, By field inspection of this properly and the surrounding properties in the
immediate area, most of the homes lie very close to the top of the bluff. The subject preperty's bluff seems
faidy 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 archilect testified that the existing
foundation is in good condition to support tl~e proposed new two-slory additions for this dwelling. Based upon
all the evidence submitted with testimony during the hearing and with documentation presented, that Ihe
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 lhat 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. 6000 - Spyro Avdoulos
CFM 'No. 4~-1-5
6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy
the benefit of reconstructing the primary structure over the existing foundation, while preserving and protecting
the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and
duly carried, to
GRANT the variance as applied for, as shown on the survey prepared by Joseph A. Ingegno, Land
Surveyor dated June 16, 2006 and Proposed Alteration plans prepared by Chorno Associates dated
04/07107. subject to the following condition: the only equipment or vehicles permitted within 50 feet of
the top of the bluff shall be rubber-tired such as a backhoe.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams
or survey site maps, am 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 E~ard reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not
increase the degree of nonconformity.
Vote of the Board: Ayes: Members Dinizio (Chairman), Oliv~a~Goehringer, and Weisman. Member Simon was
absent. This Resolution was duly adopted (4~Y)~ [
/,/Approved for Filing
SURVEY OF
LOT ~5 & THE WESTERLY l/2 OF LOT 16
MAP OF PROPERTY OF
W. H. YOUNG AND R. J. GOODALE
SfTUATED AT
GREENPORT
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 10D0-44-01-05
SCALE r"=~o'
JUNE 16, 2006
Joseph A. Ingegno
Land Surveyor
APPEALS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
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 HELD APRIL 10, 2008
Southold Town C;led
ZB File # 6145 - SPYRO AVDOULOS
Property Location: 54985 C.R. 48 (a]k/a 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 SEQRA.
SUFFOLK COUNTY ADMINISTRAT/VE 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) hne 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 dwelJJng 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 qual/ty 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 Avdou]os
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 ex/sting
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 pil/ngs 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
7.BA # 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 w.ali 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 # 6146 - 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 ut'dizing
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 addec~ 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~airm~.~xmon an~d Weisman.
Member Dinizio and Member Oliv~ere absenfhis ~solutiop/~e~ts fJ~ly adopted
/ moe ring ,
~ Ap~ov~ for Fi~ng ~
$
¢
SURVEY OF
LOT 15 & THE WESTERLY 1/2 OF LOT 16
W. H. YOUNG AND R. ]. GOODALE
GREENPORT
SUFFOLK COUNTY, NEW YORK
,
Joseph A. Ingegno
Land Surveyor
£OJV~ Z~LA~VD
SURVEY OF
LOT 1.5 & THE WESTERLY l f2 OF LOT 16
MAP OF PBOPEBT¥ OF
W. H. YOUNG AND lq. J. GOODALE
SITUATED AT
GREENPORT
TOWN OF $OUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-44-01-05
$CAL£ 1"--30'
JUNE 16, 2006
REVIEWED ",Y ZBA I
Nathan Taft Corwln III
Land Surveyor
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
SPYRO AVDOULOS
(Name of Applicant)
CTM Parcel #1000-44-1-5
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
MAILINGS
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On the'"l day of August 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 thisr-~
day of August, 2008.
' / -{NStary Publici
MARGARET C. RUTKOWSKJ
Notary Pub',ilo, STate of New York
No. 4982528
Qualified in Suffolk Coun~
Commission Expires June 3,
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to
the owner names and addresses for which notices were mailed. Thank you.
AVDOULOS
NEIGHBOR LIST
SCTM: 1000-44-1-5
FEHIM & SEVGI UYANIK
55055 NORTH ROAD
SOUTHOLD NY 11971
SCTM: 1000-44-1-4
FEHIM & SEVGI UYANIK
55055 NORTH ROAD
SOUTHOLD NY 11971
SCTM: 1000-44-1-6
ZAKARIYA GUNUSEN
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
RECEIPT
7192 6~63 3110 0000 1727
FROM:
Patricia C Moore Esq
RE AVDOULOS ZBA HEARIN(
RECEIPT
71926463311000001734
FROM:
Pa~ric~a C Moore Esq
RE AVDOULOS ZI~A HEARIN(
RECEIPT
71926463311000001741
FROM:
RECEIPT
7192 64~3 3110 (3000 1758
FROM:
SEND TO:
EEHIM & SEVGIUYANIK
55055 NORTH ROAD
SOUTHOLDNY11971
SEND TO:
FEHIM & SEVGI UYANIK
55055 NORTH ROAD
SOUTHOLD NY 11971
FEES: FEES:
Postage ~i 0 42 Postage 042
TOTAL ~ ~ ~ ,~ $ 5.32 TOTAL 2
POSTMARK"~ DATE POSTMARK OR DATE
SEND TO:
ZAKARIYA GUNUSEN
MARIHGUNUSEN
325 STONY SHORE DRIVE
SOUTHOLDNY11971
FEES:
Postage 042
'l~O~*'i;,~ L '~'~',~.,$ 5.32
; POSTI~( OM O~TE
SEND TO:
HARUTYUN & NUN~K KUZUKO
480 PARK AVENUE
FEES:
TOTAL , i$'~.32
POSTMARK OR.~ATE
PATRICIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
,HA. Sign.,e: (~Addre~see or ~A~en~
' B Received B ' ( e~se * Clearly)
jjc. Date of (~livew C~ ~0~ ~
PA~TRIC~A C. MOORE ESQ-
51~20 MAIN ROAD
SOUTHOLD NY 11971
'[] Addressee or [] Agent)
:. Date of Deliver~
PATRICIA C- MOORE ESQ-
51020 MAIN ROAD
SOUTHOLD NY 11971
( [] Addressee or [] A
B. Received
of Delivery
3.Addressee'$Address (ffD~TemntFmmAddma~U~dhy$~de/)
7192 6463 3110 0000 1734
1. Article Addressed To:
FEHIM & SEVGI UYANIK
55055 NORTH ROAD
SOUTHOLD NY 11971
1~ R~str~cted Delivery? J~.ser~i~e ~'ype
I
· (Extra Fee) [] Yes
CERTIFIED
2. Article Number
7192 6463 3110 DnBB 175&[
7192 6463 3110 0000 1758
A~lcle Addressed To:
480 PARK AVE~U~.
MANHASSET Ny ~
1727
7192 6463 3110 0000 1727
t. Article Addressed To:
FEHIM & SEVGI UYANIK
55055 NORTH ROAD
SOUTHOLD NY 11971
PATRICIA C. MOORE ESQ.
51020 MAIN ROAD
SOUTHOLD NY 11971
(Extra ~ee) [~] Yes CERTIFIED
4. Restricted Delivery? 3. Service Type
2. Adicle Number
7192 6463 3110 0000 1741
7192 6463 3110 0000 1741
1, Article Addressed To:
ZAKARIYA GUNUSEN
MARI H. GUNUSEN
325 STONY SHORE DRIVE
SOUTHOLD NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
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)
SI
AFFIDAVIT
OF
~_STING
I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971
being duly sworn, depose and say that:
On the~) J~:-day of August, 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,
AUGUST 21, 2008 ,~---
'~m'd-cia C. Moore
Sworn to before me this
~ day of August, 2008
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http ://southtown.northfork.net
July,¢¢ , 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 2008 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before Au.qust 4th
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 al_l owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailinq address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arranqements were made in either a written
statement, or durinq the hearinq, providinq the returned letter to us as soon as possible;
AND not later than Aug 8th: Please either mail or deliver to our office your Affidavit of Mailinq
(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 Auqust 13st: please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver your Affidavit of Postin.q prior to August 20, 2008.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
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, SPYRO
#6189
MAP #
44-1-5
VARIANCE LI Sound Setback
REQUEST New Dwelling
DATE: THURS, AUG. 21, 2008, 1:40 PM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809