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HomeMy WebLinkAbout1000-44.-1-5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: Mark Terry, MEMORANDUM Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals Principal Planner LWRP Coordinator Date: March 26, 2008 Re: ZBA file Ref. No. 6145 (Avdoulos) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed use is residential and therefore is not a "water dependent use". Due to the depth of the lot (435'), there is ability to site the residential structure further away from the CEHA area to maximize the distance from the "hazard area" and ufiuimize the potential of future structural loss. Avoid reconstruction of structures, other than structures that are part of a water- depeudeot use, damaged by 50% or more of their value in coastal hazard areas. The ~3q)osed nsc is residential and therefore is not a "xxater dependent nsc". Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this erosion hazard area. The distance from the proposed patio to the top of bluff line is 19 feet; the distance from the proposed house is 29.1 feet; a minimum separation distance of 100 feet is required pursuant to to Chapter § 280-116 A which states: (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than l OO feet from the top of such bluff or bank. It is recommended that the Board amend the application to meet and/or further the above policy to the greatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. 1. Increase the width of the non-turf buffer landward of the top of bluff to further protect the integrity of the bluff within the Coastal Erosion Hazard Area. 2. Minimize the area of non-pervious materials (walkways, decks) within and adjacent to the Coastal Erosion Hazard Area. 3. Require that the applicant submit a re-vegetation plan for the face of the bluff outlining species type, density and survivorship parameters. Figure 1. Subject site prior to razing of the residential structure. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney 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 March 7, 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. 6145 (Avdoulos) Dear Mark: We have received an application for substantial demolition of an existing single family dwelling at a premises on North Road in Greenport, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries March 7, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Spyro Avdoulos, 54985 North Road, Greenport 1000-44-1-5 Appeal #6060 Dear Chairman and Board members: The owner obtained a building permit in accordance with your variance and Trustees approval. As was described in our variance application, the proposed reconstruction of a new second floor and new construction on the first floor would use the existing foundation. The project necessitated demolition of the south side of the house which overlapped the Coastal Erosion Hazard Line and that portion of the foundation would be made a patio. As was shown, the area that was cut require modification to the existing foundation since it now became the new exterior walls. The portion of the house along the road was cut off for the new addition on the south side. When the contractor commenced demolition of the north and south walls (as was described in our permit applications) he discovered that there is no pad under the foundation wall along the east side of the house (the cement walls have no pad below). The building department has suspended the building permit until we are authorized by your Board to replace the portion of the foundation which was unexpectedly absent and must be corrected. Two alternatives have been proposed by the architect: 1. The alternative the contractor prefers and is shown on the amended plans, remove the cement block wall on the east side and pour a pad and foundation wall which will support the proposed first and second floor; or 2. Use the existing basement walls to support overhanging Steele beams which then support the construction above. The second option is more costly but does not require removal of the existing foundation walls just a cut into the walls for placement of the Steele beams. The foundation remains in place but does not support the structure. Along with the full application, as was submitted originally, with the described alterations, I have enclosed the amended drawings reflecting the new foundation wall. The remaining foundation is believed to be structurally sound. The construction plans of the project remains the same as the floor plans submitted to the Board in appeal #6060. The overall design of the house remains as was submitted into the record. The job is stopped until the Board has an opportunity to review the application. Due to the exposure of the structure to the weather we would ask for your immediate attention. PCM/mr Encls. Ve~y.-~~ yours, ~__~a~icia C. Moore Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER TO: Spyros and Margarita Avdoulos 160-12 11th Avenue Whitestone, New York 11357 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 54985 CR 48 Greenport, New York TAX MAP NUMBER- 1000-44-1-5 Pursuant to Section 144-13 of the Code of the Town of Southold, New York, you are hereby notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Work has .qone beyond the scope of permit. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: Upon Trustee, ZBA and Building Dept. approvals. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Ga. J / Building' Inspector (cert. mail) PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) ! A. DOES ACTION EXCEED ANY TYPE I THRESHOLD N 6 NYCRR PART 617 [] Yes [] No · . If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE E~"~-ECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdt~en, if legJbts) C1. Existing air quality, sun'ace or groundwater quali~ or quanti~, noise levels, existing ~affic pattern, solid waste production or disposal, potential for erosion, drainage or fl~dlng problems? ~piaJn bdefly: C2. Aesthe~c, agricultural, archaeologi~i, htstodc, or o~er natural or cul~mi resources; or communi~ or neighborhood chamcte~ ~ptsin bdefly: C3. Ve~;~aon~.a~~~~ed o~ ~ngemd spec~ ~pl~ bd~y: C4. A c~mm~,s existing p~ans o~oals as offictsily adopted~~ o~ o~ natural r~rces? ~plain ~de~y; C6. Long te~, sho~ ~, cumulate, ~ o~er e~ n~ iden~ed In Cl-C57 ~plaln b~e~. D. ~LL ~E PROJE~ ~VE AN IMPA~ ON ~E ENVIRONMENTAL C~CTERISTICS T~T CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AR~ {C~? (If ~es, explain briefly: ~Yes ~No E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RE~TED TO POTE~IAL ADVERSE ENVIRONMENTAL iMPACTS? ~f es ex lain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) effect should be assessed in connection wilh its (a) setting (i.e. urban or rural): (b) probability of occurring; (c) duration: (d) irreversibility; (e) geographic scope; and (0 magnitude. Jf necessary, add attachments or reference supporting materials. Ensure that explanations contain su fflcient detail to show that all relevant adverse impacta have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CE/ Check this box if you have ident~ed one or more potantialry targa or significant adverse impacts which MAY occur. Then proceed direcdy to the FUL EAF and/or prepare a positive declaration. Check tffis box if you have determined, based on the thforma on and analysis above and any suppoding documentation, that the proposed actts~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachmen s as necessary, the reasons supposing thi~ determination. Name of Lead Agency Print or Type Name of Responsible Ofiicer in Lead Agency Date Title of Responsible Officer Signature of Responsible Ofticer in Lead Agency Signature of Preparer (If different from responsible officer) 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 *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_X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this o,)! dayof ,//,t'~./ Signamre:~~....~ Print Name:_,-~/r~ f~j-V~:xtocl]o_~ Signam~ Print Name: Patricia C. Moore Esq. 07/30/2007 11:46 6317659064 PAGE 02 F~EC:(S31)727-3160 COUNTY OF SUFFOLK 727-2315 July 16, 2007 Chairman James Dinizio Jr. Zoning Board of Appeals Town o£ Southold P.O. Box 1179 Southold, IVY 11971-0959 Re: ZBA File Ref. No. 6060 (Avdoulos) Dear Chairman D/nizio: As requested by your office, a site visit was conducted at 54985 North Road Greenpon, Suffolk County Tax Map Number 1000-44-1-5 in order to review the proposal for exp~sion of the house on the property. The house is sited approximately 20 feet from a wooden bulkhead and Long Island Sound. A passed lawn exis~ in r. bls area between the house and bulkhead. No irrigation system appears to be servicing ~ yard. The house is fitted with gutters and downspouts. The bulkhead is in stabile condition. F~orts to maintain the stability of the bulkhead have occurred vdth the installation of new pilings to reinforce the decayed pilings, The horizontal boards of the bulkhead are in fair condition; no gaps exist within the wnll with the exception of a small section (2' x 39 which has been repaired by placing a board over this section. On top of the bulkhead, full vegetative cover of scrubs and forbs exist. The exception occurs on the eastern section of't. he bulkhead near the groin where landscaping debris is being phced on top of the wall, The stairway is in working condition, but the stair rails and steps are broken and rotten and in need of replacement. Due to the close proximity of the house to the shoreline, it is imperative to maintain the structural stability of the bulkhead, A stabile b-lkhead consists of structurally sound horizontal support beams with rightly fitted face boards. No sediment from behind the bulkhead should be traveling between, through, over or under these boards. The pilings should be tightly bolted imo the bulkhead and the horizontal beams should be straight, not bowed out or up. All of the components should be in sound condition (solid, free of decay end pest infestation). 423 ORIFFIN~ AV~NL~ SUITE 110 RIVE~EAD, NY 11901 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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 X~ Zoning Board of Appeals X 1. Category of Toum of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance / Wetland Permit Nature and extent of action: Permits previously issued: allowed cut off portion of house which was located in CEHA. New second floor, new first floor because waterfront wall and landward wall demolished due to new wall back away from CEHLine. East wall of existing foundation is defective, no footing found under east side of foundation wall. Proposed construction is within 100 feet of "top of bluff", existing foundation to remain and approved convertin~ uart of existing foundation as patio. Existing foundation is at 19 feet (at the closest point) from the top of the bluff therefore a variance was obtained. Ali structures are outside the Coastal Erosion Area. A defective foundation wall must be replaced or modified, which exceeds the scope of the original permit. Location of action: 54985 North Road, Greenport Site acreage: 28,149 sq.ft. Present land use: existing first floor of residence to be reconstructed and east foundation wall modified Present zoning classification: 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 Existine lot is.5 acres and is nonconforming in 1 acre zone. The lot is Iow bluff, protected by wood retaining walls, bolders and a rock jet~ adjacent to Long Island Sound. The proposed alterations to the foundation is landward of the CEHA Stabilization of disturbed areas will be achieved with appropriate ve~,etation, no disturbance is proposed to existing natural veeetation or natural tOl~oeral~hv north of the line labeled "top of bluff" on survey. Remediation to existing foundation is required. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section llI- Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The development of the parcel is sensitive to preservation of Bluff. Standard conditions of dry wells, hay bales and ~rading to nrcvent water runoff down slope mitigate effect on scenic resource. The previous permit incorporated all mitigation measures. Conditions are consistent with LISCMP (Long laland 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. sediment barrier and standard storm water and pollution control measures are implemented on the site prior to and during construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria X Yes No Not Applicable Mitigation of impacts on water quality are achieved through stormwater and pollution control methods which have been implemented in this project. Drywells and gutters are proposed to direct all roof runoff into onsite recharge. Groundwater protection implemented through oroocrlv engineered sanitary system which requires that the bottom of the leaching pools be located a minimum of 2 feet above seasonal high groundwater. Along Long Island Sound sanitary systems and construction activities are in excess of 100 feet from the tidal waters. The Trustees requested that the sanitary system be located a minimum of 100 feet ffrom the bluff which resulted in a loss of an existing garage. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. 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 alone 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 rec¥cling~ 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 retainin~ foundation along the north side. The replacement of the east foundation wall is necessary (in kind in place) to meet structural requirements. Storm water discharge and pollution control measures are critical components of protection of living marine resources. Drywells and gutters are proposed, and filtration and haybales are in place during construction, all measures which prevent leachate or other environmentally deleterious material associated with development from entering the waters of the Long Island Sound. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. North Road is predominantly residential development. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 87/38/2887 11:45 5317559864 ZBA PAGE 83 The top of the bulkhead should be fully vegetated and access to the beach should occur via the stairs. Landscaping debris should be composred or disposed of through an alternate means instead of clispo~g on the top of the bulkhead. Additionally, the sudrs should be repaired/replaced to allow for sa~e access to the beach. To m~i.r, ain the best structural srabiliry of the bulkhead, inspectious should be made regularly and especially after storm events. All necessary repairs should occur as recommended in the enclosed literature as soon as possible in order to m~tain a stabile bulkhead. The use of drywells to collect roof runoff (as documented on the sire plan) is fully suppoxted. All the gutters should be fitted with ch-ywells especially those on the Sound side of the house. This reduces the erosion threat that xunoff from impemeable surfaces poses to the bulkhead. Respectively, it is recommended that the walk on the Sound side of the property be constructed of a permeable or semi- permeable surface if it is slated to be replaced. This will farther reduce the amount of runoff from impermeable surfaces near the b~l~head. The use or future installation of sprinkler irrigation within close p~oxtmity of the bulkhead is not recommended due the erosion potential that such a system poses. Additionally, vehicle access (associated with construction activities) on the lawn, between the house and the b~flkhead, should be limited as much as possible in order to prevent compaction of the soil and rutting of the yard. Both are a catalyst for erosion and can cause d~mage to the b~lkhead. Within the sire plan, silt fencing is documented. Care should be taken with the installation of silt lentil§ at ?hi~ site, due to the erosion potential such installati.oa poses to the bulkhead. Proper silt fencing installation involves digging a trench and burying the bottom of the silt blanket. This prevents sediment and water from travehug under the fence. As the proper ~ustallation of silt fencing causes it~ own ground disturbing activities, it poses an immediate erosion threat to the stability of the lawn and top of the bulkhead. Therefore, the silt fencing should be installed only if ground disturbing activities are to occur with construction. If it i~ deemed necessary, the fence should be installed as Far as possible from the bulkhead and close as possible to the construction activities. It should not be installed on the top of the bulkhead as noted in the site plan. Once the need for the silt fencing and hay bales has passed, both should be completely removed and the trench and bare areas (from the hay bales) reseeded. ~/z~/ 11:4~ 6317659864 PAGE 84 Enclosed .are directions on the proper/retaliation of s/It fence to o. nsure that ir is installed properly, Installing the silt £e~ce without bu~3ring the bottom is as useful as not inst~lling it, and only roildly improved w/th the use of hay bales. If you have any questions re§artlin§ our site visit and information prov/ded, please do not hesitate t.o contact our office at (631) 727-2315 x.3 between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday. the landward side of the house is added. The bedrooms on the second floor would not permit adding bathrooms because the ceiling heights do not comply with current codes, the second floor roof line is changed to increase the ceiling heights and add floor space on the landward side of the house. The house was constructed in the 1950's, the house has not been updated since it was built. The house is to be renovated and updated to meet current building code standards in accordance with the plans submitted. (3) The amount of relief requested is not substantial because: The house is made more conforming by cutting offthe first floor that is in the Coastal Erosion Hazard Area. The original application and plans which the ZBA approved have not changed. The foundation requires modifications~ latent defects under the foundation wall which were not visible until the construction began require attention. The second floor is pushed back to meet 15 foot setbacks (Walz decision not violated) and first floor remains in kind in place. The existing second floor bedrooms and bathroom remain on the second floor, the second floor will be reconstructed. The proposed addition to the existing house is modest and the second floor alterations consistent with standard construction methods. In order to meet the policies of the Coastal Erosion Hazard Law the owner is cutting off that portion of the house that extends over the Coastal Erosion Line. This will necessitate building a new wall on the foundation but the foundation is Icept in place toprevent any disturbance to the bluff. This design prevents construction within the Coastal Erosion Hazard Area. In order to comply with side yard setbacks the second floor is 15 feet from the side yard. As was described in my variance, foundation alterations to the north side where the house is cut off are required. Thc only unexpected foundation problem is the east side. The building inspector did not see mention of the foundation in the ZBA decision and has stopped the job. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing three bedroom home is remaining. The bedrooms are to be on the second floor and the first floor living area reconstructed. The bluff is stable and no activity is proposed on the seaward side of the house except converting the foundation into patio. The existing foundation along the Sound is staving in place and converted to patio. New footings are needed in the front (landward) for the addition and garage and the new wall (removed to CZM line) on the north side~ the new issue is the east foundation wall which is defective. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The existing house predates regulations. Any alteration to the existing house would require a variance. This plan proposes the least disturbance to the bluff because the existing stable foundation will be retained. The bluffis low, the land is protected by a Jetty and bulkhead. There is no threat of erosion to the upland. The foundation must support the structure above and defects in the foundation were found during construction. Are there Covenants and Restrictions concerning this land: E No. Yes (vlease furnish cow). 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 ( ) IFA USE VARIANCE IS BEING REQUESTE~D,J~ P~ASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult yo ~mt~r~of Appellant or Anthori~d Agent ~ (Agent must submit written Authorization from Owner) Sworn to before me this ~ day of~ 20 ~ . 03/07/2006 13:45 FAX 631 765 4643 MOORE LAW OFFICES -> ZBA ~002 QUESTIONNAIRE FOR FILING WITH YOUR 7,,B.A, APPLICATION Is t~e subject prerais~ listed on the real estate market for sale? ~3 Yes B. Are .there any proposals to change or alter land contours? '~3 Yes C. 1) A~e there any areas that c0ntaha wetland grasses? ]-o~..r~ ~, \o.~ ~ 2) ~c the wetland areas sho~ on the map subdued ~ ~is application? 3) Is ~e prope~ bul~eaded be~een ~e wetlands ~ea and the 9pland building area? 4) ~your prop~ contains wetlands or pond areas, have you contacted ~e o~ce of ~e To~ T~te~ for i~ detonation of ju~sa~c~on?. ~e~ Please conf~ sta~. of your inqui~ or applicat on ~ ~eT~tem: ~ ~ I~ thee a depression or alopi~ eleva~on n~ the area of proposed eo~tion at or below five feet above me~ sea level? ~ ~ ~ ~ E'. ~e there ~y.paa0s, concrete ba~ers, bul~eads or fences that exist and are not sho~ on ~e s~ map t~t you are submi~ng? ~o ~lease show area of s~c~rea ~ a dia~m if any exist. ~ state "none" on the above line, .if applicable.) F. D9 you have ~y cons~cfion t~ng place at ~s ~me' eonc~ing yo~ praises ? ~ y~, pl~e ~bmit a e~py ofyo~ building p~t ~d map as approved by the BUilding Do you or any e~ also o~ o~er l~d close to this parcel9 ~o If yes, please la~l the proximi~ of yo~ l~ds on your ~p ~ ~ia application. - H, l~lease list present use or operations conducted at this parcel and proposed ~e ~d Si~amre ~d Date 2/05 :~9'--!-d~ TOWN OF SOUTHOLD -OWNER ~:o~E~ OWNER L^ND ,~p.TOTAL AGE 7166 I FARM DATE / r/y/x/ BUILDING CONDITION [,. .) PROPERTY · RECORD CARD VILLAGE E W TYPE OF BI~LDING ~ COMM. CB. MISC. Mkt, Value NEW NORMAL I BELOW ABOVE FARM Acre Value Per Value ....... Ac, re 'illable 2 :illable 3 ¢oodland wampland FRONTAGE ON WATER ?o rushland FRONTAG£ ON ROAD '7~) / louse Plot DEPTH ~ VO,~O ' BULKHEAD oral I DOCK DIST. SUB. LOT I~r~ I~'~,",~· I~ OWNER FORMER OWNER N .=. i' AGE j BUILDING CONDITION NEW FARM Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland HouSe Plot TotoJ ',~ =- NORMAL J BELOW ABOVE Acre I Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD )EPTH BULKHEAD DOCK APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ce Notes: I House No. 54985 Street North Road Hamlet Greenport SCTM 1000 Section 4___~4 Block~l Lot(s). $ Lot Size 28,149 Zone R-40 I (WE) APPEAL THE WRITTI~NDETERMINATION OF THE BUILDING INSPECTOR DATED February 29, 2008 ~ ~/(~/O ~(/BASED ON MAP DATED 6/16/06 and updated Dec 19, 2007 (new septic location} and coflstruction drawings dated 4-7-07 last amended 3-5-08 Applicant(s)/Owner(s): Spyro Avdoulos Mailing Address: 160-12 11~ Avenue, Beechhurst, NY 11357 Telephone: 212-344-0600 Fax #: Email: pcmoorel~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: ~ncmoorel(~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or F~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 16~2006 last dated 12/19/07 and DENIED AN APPLICATION DATED March 6, 2008 FOR: E Building Permit (Stop Work Order- previous appeal #6060) [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction ~3Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXH Section 280- 116 Subsection A (1) Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map (amendment of plans setback to bluff) [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section E Reversal or Other review appeal/16060 because east wall of foundation needs corrective measure. Defective foundation wall found. A prior appeal E has, [] has not been made at any time with respect to this property~ UNDER Appeal No. 6060 Year 2007 .(Please be sure to research before completing this question or call our of J'lce for assistance.) Name of Owner: Spyro Avdoulos ZBA File # REASONS FOR APPEAL_(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (New description for this application underlined) lan~uaee not underlined was in appeal #6060. The house is located on the Long lsland Sound. The bluff is low and stable, vegetated and protected by large bolder. The corners of the existing house are on the Coastal Erosion Hagard line. The Trustees preferred to see the portion of the house which extends over the Coastal Erosion Haiard Area up to a structural beam to be removed This work was completed pursuant to a building permiL Because the portion of the existing house which is over the Coastal Erosion Hazard Line was removed a new north first floor wall must be constructed over the existing full basement foundation as well as the new portion of foundation for the new exterior wall The only change from the original application is that the east wall of the existing foundation must be modified. I4'hen the house is cut back at the Coastal Erosion Hazard Line the new exterior wall on the north side needs a new foundation. The new wall was shown but not clearly identi, fied as new structure. The existing foundation along the Long Island Sound will be converted to patio. The owner designed an 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 l~ard setbacks {stemmed back 3 feet). Also, discovered during construction, the foundation along the east side of the property does not have a pad and must be modified in order to support the.first and second floor above. Two alternatives have been proposed: the less expensive and preferred solution is to pour a new pad and foundation on the east side of the house, the more expensive solution is to keep the existing defective foundation on the east side and support the structure with Steele beams. No other change is proposed from the original application, the existing second floor will be reconstructed and made a full second floor space over the existing first floor, the second floor is expanded on the landward side and over the new portion of the foundation aiso on the landward side of the existing house. 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 modil~ the living space on the first floor. The additions to the first floor and second floor are on the landward side of house. The interior of the house is to be renovated and first floor rooms modified. The owner obtain Trustees permit and DEC letter of no ]urisdiction. The Trustees required a non-turf buffer and dr~ wells. New windows and siding is proposed. Throughout our application we described the removal of the north ~side of the house (first and second floor) and converting the foundation to a patio. The second floor is new and the first floor was to be reconstructed since both the north and south walls were removed. Our surprise was the foundation wall on the east side. (2) The benefit sought bp the applicant CANNOT be achieved bl, some method feasible for the applicant to pursue, other than an area variance, because: The owner wishes to renovate the existing house and add bathrooms. We recommended that the dwelling be added on the landward side of the house to comply with the Zoning Code. In order to maintain the square footage lost by removing the portion of the house which is within the Coastal Erosion Haiard Area APPLICANT'S PROJECT DESCRJPTION (For ZBA Reference) Applicant: /~ V C~o u / O~ Date Prepared: ff7,2,,/o7 I. For Demolition of Existing Building Areas Please describe meas being removed: ~ II. New Construction Areas ~ew Dwelling or New Dimensionsoffirstfloorexten~on: B t Dimensions of new second. Dimensions of floor abov~ second level: Height (from fi~shed ~ound to top of ridge): Is b~ement or lowest floor ~ea being consJmcted? If yes, plebe providenei~t (above ~o~d) ~/~ me~ed ~om na~ existing ~ade to first floor: 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: 7zb-'a Number of Floors and Changes WITH Alterations: IV. Calculations of building areas ~d lot coverage (from su~eyor): E*'k~tin~ souse footage of buildings on 5our prope~: ~roposed increase of building (overage? Percentage of coverage of your lot b~ building area: V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): .... ~' ' w 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 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 ,~c/~ 3>3--,d,C~,/~f~acd (1000-44-1-5) ~-,,.,~,,~-p- hereby authorize you to make any and all applications to the ToWn of Southold 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. PROJECT ID NUMBER / 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY' REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT iNFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT / SPONSOR PROJECT NAME 3.PROJECT LOCAT,ON: ~ ~ ~ SEQR 5. IS PROPOSED ACTION: [] New [] EXpansion [] Modification,alteration 6. DESCRIBE PROJECT BRIEFLY: /') O U S~ 7. AMOUNT OF LAND AFFECTED: / ~ acres Ultimately '~' ~ acres 8. WILL PROPOSED ACTION COMPLy WrIH EXISTING ZONING OR OTHER RESTRICTIONS? F'~Yes [] No E no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~ResidenUal [--llndustrial ~----~Commercia, E'~Agricullu,e [~ParklForasllOpenSpace ]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stataor Local) ]Yes [] No If yes, list agency name and permit / approval: 11. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes []No If yes, list agency name and permit / approval; 12. AS A RESULT OF PROPOSED ACTION WILL EXISTNG PERMT/ APPR ~__ ~ . OVAL REQUIRE MODIFICATION? J CERTFY THAT ZR~ ~~ --~ --~ .... ~ ,NI-ORMATION PROVIDED ABOVE IS TRUE TO THE ~ M----~'~KNOWLEDGE Applicant / Spo Date' If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment TOWNOFSOUTHOLD BUILDING DEPARTMENT SOUTHOLDN.Y. NO~CE OF DISAPPROVAL To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold, NY 11971 Date: May 9, 2007 Amended: Junel3, 2007 Amended: March 6, 2008 Please take notice that your proposed amendment dated March 6, 2008 For permit #33677 amending the plan to reconstruct & replace easterly foundation wall at Location of property 54985 North Road, Greenport, NY County Tax Map No. 1000- Section 44 Block 1 Lot 5 Is returned herewith and disapproved on the following grounds: The applicant was issued a variance, decision #6060, for alterations & additions to a single family dwelling allowing a 23.2' setback from the top of the bluff. Following this amendment, the applicant intends to reconstruct the dwelling, with replacement of the east foundation wall. Therefore the demolition & reconstruction at this nonconforming 28,149 sq. ft. parcel in the R40 district, is not permitted pursuant to Article XXIII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff or bank." d Signature Note: The existing garage has a permit for demolition & construction of a new accessory garage. £ S ~30" 37H ZONE V E OF LOT 15 W. SURVEY OF & THE WESTERLY 1/2 MAP OF PROPERTY OF H. YOUNG AND R. J. FILE No. 585 FILED SEPTEMBER 11, SITUA T£D 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 JANUARY 24, 2007 ADDED PROPOSED ADDITIONS FEBRUARY 1, 2007 ADDED PROP. HAY HALES & DRYWELL MARCH 22, 2007 ADDED NON-TURF BUFFER & REVISED PROP. DRYWELL LOCATION MARCH 26, 2007 REVISED AS PER JOSEPH FISCHETTI, P.E, JUNE 8, 2007 REVISED PROPOSED ADDITION JULY 28, 2007 REVISED AS FER JOSEPH FISCHETTI, P.E. SEFTEMBER H, 2007 REVISED PROPOSED GARAGE & SEPTIC SYSTEM LOCATION DECEMBER 19, 2007 REVISED PROPOSED SEPTIC SYSTEM LOCATION AREA = 28,149.95 sq, ff. (TO TIE LINE) 0.646 ac. GENERAL NO E : 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUB;~ EXISTING CONTOUR LINES ARE SHOWN THUS: ---- B ..... 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD IN6URANCE RATE MAP No. 361D$C0158 G ZONE V£: COASTAL FLOOD WITH VELOCI~' HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINEO ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. ® / × \ × \ \ '/l TEST HOLE DATA PROPOSED SEPTIC SYSTEM NOTES' 1. PROPOSED SEPTIC SYSTEM DESIGN BY: JOSEPH FISCBETH, P.E, P,O. BOX 616 SOUTHOLD, NEW YORK 119'11 2. MINIMUM SEPTIC TANK CAPACITIES FOR A I TO 4 BEDROOM HOUSE MAXIMUM IS 1.00O GALLONS. I TANK; 8' LONG, 4'-$= WIDE, 6'-7" DEEP 5. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE MAXIMUM IS 300 sq f{ SIDE~/ALL AREA. 1 POOL; 12' DEEP, $' dia. e PROPOSED 50~ FUTURE EXPANSION POOL e PROPOSED 8' DIA* X 12' DEEP SANITARY L£ACHING POOL [/x///~ PROPOSED 1,000 GALLONSEPTIC TANK 5, THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE PROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.B.D,H.S. STANDARDS. CERTIFIED TO: SPRYO AVDOULOS MARGARITA AVDOULOS N.Y.S. Mc No. 50467 Nathan Taft Corwin III Land Surveyor Fox (631)727-1727 ZONE ZON~ X 0 E $ 0" 37. \ E LOT H. YOUNG FILE No. 585 FILED SEPTEMBER 11, SITUA TED A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. 'FAX No. 1000-44-01-05 SCALE 1 "=50' JUNE 16, 2006 JANUARY 24, 2007 ADDED PROPOSED ADDITIONS FEBRUARY 1, 2007 ADDED PROP. HAY BALES & DRYWELL MARCH 22, 2007 ADDED NON-TURF BUFFER ~ REVISED PROP. DRYWELL LOCATION MARCH 26, 2007 REVISED AS PER dOSEPH FISDHETTI, P.E, JUNE 8, 2007 REVISED PROPOSED ADDITION SURVEY OF THE WESTERLY 1/2 OF LOT MAP OF PROPERTY OF AND R. J. GOODALE 1929 16 AREA 28,149.95 sq. ff. (TO TIE UNE) 0.646 OC. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~o EXISTING CONTOUR LINES ARE SHOWN THUS: .... 5 ..... 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0158 G ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); PROPOSED SEPTIC SYSTEM NOTES: 1. PROPOSED SEPTIC SYSTEM DESIGN BY: JOSEPH FISCHE'TTI, P.E. P.O. BOX SOUTHOLD, NEW YORK 11971 2. MINIMUM SEPTIC TANK CAPACDgES FOR A 1 TO 4 BEDROOM HOUSE MAXIMUM IS 1,OOO GALLONS. TEST HOLE DATA CERTIFIED TO: SPRYO AVDOULOS MARGARITA AVDOULOS N.Y.S. Lic. No* 49668 Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 26-1891) F o 0 -1 .] _/ UP ~. IV/,'V,g /o:O ~P WINDOW SOH~I~U~.I~ A 2-6 x 4-0 B 3-0 x 4-0 , C (2) 2-6xS-0+(2)2-6xl-6 D 4-0 x 5-0 + 4-0 x 1-6 E (2) 3-0 x 5-0 + (3) 3-0 x 1-6 + dr 3-0 x 6-8 F 3-0 x 5-0 + 3-0 x 1-6 G (2) 2-6 x 3-0 + (2) 2-6 x 1-6 I 2-0 x 4-0 J 4-0 x 5-0 K, (3) 3-0 x 5-0 L 4-0 x 4-0 M 2-0 x 4-0 + 2-0 x 1-6 /I /d_L// / AVDOULOS RESIDENCE PROPOSED/ ALT E RATtL)NS 54.985 NORTH Ti. DAD GREENPORT CHORNO ASSOCIATES DATE: '4-7-07 A-1 [ ] ' b .,,. ,C lI 7-0/ ilo 6;:, 't L ?o~ T- :viZ, r / 77'~ f¢ ,/