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HomeMy WebLinkAbout1000-44.-1-5Terry, Mark From: Terry, Mark Sent: Tuesday, August 19, 2008 3:08 PM To: Kowalski, Linda Cc: Corcoran, Kieran; Hilary, Scott__ ~ ~ Subject: 3.26.08 avdoulous.doc Attachments: 3.26.08 avdoulous.doc '/2 Linda, As discussed, Chapter 268 of the Southold Town Code requires that a proposed action is reviewed only once (based upon the information provided on the CCR form). The Board through their discretion and decisions meet or further the policies upon which the original action was found to be inconsistent (in this case). Therefore, a review of an action whcih is similar in scale and significance is not required. Call me with any further questions. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 8/20/2008 APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chmrman 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 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. Goetuinger Chairman TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAL To: Pat Moore for Spyro Avdoulos 51020 Main Road Southold, NY 11971 Date: June 10, 2008 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." PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 11, Margaret Rutkowski 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 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 granted 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. ~_~l~a~ricia C. Moore PCM/mr Encls. ~ames 1~. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 21, 2008 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: SPYRO & MARGARITA AVDOULOS 54985 NORTH RD., GREENPORT SCTM#44-1-5 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 21,2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of SPYRO & MARGARITA AVDOULOS applied to the Southold Town Board of Trustees for permits under the provisions of Chapter 275 of the Southold Town Code the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated April 30, 2008, and, WHEREAS, said applications were referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells in accordance with Chapter 236 of the Town Code, Stormwater Management, a line of staked hay bales and silt fence installed along the top of bluff prior to construction activities, a 10' non-turf buffer landward of the top of the bluff, and the condition the patio remains a patio with no future applications to enclose, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said applications on May 21, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning these applications, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the applications of SpyRo & MARGARITA AVDOLILOS 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, Doherty, Vice-Pre~dent of Trustees JMD:lms BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6862 DATE: MAY 21, 2008 ISSUED TO: SPYRO & MARGARITA AVDOULOS PROPERTY ADDRESS: 54985 MAIN RD., GREENPORT SCTM#44-1-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 21, 2008 in consideration of application fee in the sum of $500.00 subject to the Terms and Conditions as stated in the Resolution, the Southold Town B and permits the following: Wetland Permit and Coastal Erosion Permit to demolish the dwelling including walls, flooring and chimney, retain full basement and crawl space. Reconstruct dwellin over existing foundation (7.5' original setback and 10' over basement - total 17.5') to chimney. Construct addition landward of existing foundation. Reconstruct foundation east side and alterations of existing foundation where chimney was located, and all witl 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. JaOg F. King-NAY James ~. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 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 ,,~II M. Doherty, Vice-I~esident ~jBoard of Trustees y ~s signed. JMD:lms TOWN DATE . I :UL RE"~DENC:E DATE: 4.29 5,4 985, NORTH -ROAD: · GREENPORT Ny ,S K1 cHORNo ASS. OOiAT'ES architects. $OUTHOLD, NEW YOI~K LWRP CONSISTENCY ASSESSMENT FORM 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 Zoning Board of Appeals X I. Catego~ 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 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 IH ~ Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The development of the parcel is sensitive to preservation of Bluff. Standard conditions of dry wells, hay bales and grading to prevent water runoff down slope mitigate effect on scenic resource. The previous permit incorporated all mitigation measures. Conditions are consistent with LISCMP (Long Island Sound Coastal Management 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 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 properly 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 existin~ ~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 aireonditioning 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 nlan 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 propert~ 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 adiacent to development of parcel, however, construction activity is minimized by retaining foundation along the north side. The replacement of the east foundation wall is necessary (in kind in place) to meet structural requirements. Storm water discharge and pollution control measures are critical components of protection of living marine resources. Drywells and gutters are proposed, and filtration and haybales are in place during construction, all measures which prevent leachate or other environmentally deleterious material associated with development from entering the waters of the 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 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 26~ 1999 Permission is hereby granted to: SPYROS AVDOULOS 160-12 llTH AVE WHITESTONE~NY 11'357 for : DEMOLITION OF EXISTING GARAGE. DEMO. DISCONNECT ALL UTILITIES PRIOR TO at premises located at 54985 CR 48 GREENPORT County Tax Map No. 473889 Section 044 Block 0001 Lot No. 005 pursuant to application dated SEPTEMBER 21 1998 and upproved by the Building Inspector. Fee $ 31.00 Rev. 2/19/98 ORIGINAL ~4 SURVEY OF LOT 15 AND PART OF LOT MAP OF PROPERTY OF W.H. YOUNG AND R.J. GOOOALE FILED SEPTEMBER II. 1929 FILE NO. 585 SITUATED AT SOUTHOLD. TO~N OF SOUTHOLO, SUFFOLK COUNTY. NEW GUARANTEED TO: SPYRO 4VDULOS AND ~ARGAR~TA AVflU~OS COMMONWEALTH LAND TITLE INSURANCE COMPANY I~ - SURVEYED AUGUS~ 22, 1~9~ ~ f HARRY P. HILLEBRANfl J~ · ~~ LAND SURVEYOR SCALE I' - ~0' 11 CHURCHILL LANE - ~MITHTOWN. SUFFOLK COUNTY 1AX MAP DISTRICT SECTION BLOCK LOT 1000 44 I $ 0 S G APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Filed By:. Date Assigned/Assignment No. HouseNo. 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 WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 10, 2008 BASED ON MAP June 16"~, 2006 survey and cross section approved by Trustees on 5-27-08 Applicant(s)/Owner(s): Spyro Avdoulos Mailing Address: 160-12 11~ Avenue, Beechhurst, NY 11357 Telephone: 212-344-0600 pcmoore l(~,optonline.net Fax #: Email: 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. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 for ( X ) Owner, or ( ) Other: _ Email: pcmoorel~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [3 Other Name/Address below: 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: E A Variance to the Zoning Code or Zoning Map. [~ A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal E has, [] has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) August 2007 #6060 ~4pri12008 #6145 Name of Owner: Spyro Avdoulos ZBA File # REASONS FOR APPEAL (additional sheets maF 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 18'. As previously stated in the hearing testimony in appeal 06060 and appeal 06145 the house is located on the Long Island Sound. The bluff is low 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 #6060 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) Hasthealleged difficulty been self-created? ( )Yes, or (X)NoTheexistinghousepredatesregulations. This plan proposes the least disturbance to the bluff because the existing stable foundation will be retained. The bluffis 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 (please furnish copF). 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 s~torney.) ~atu~ ~p~or Auth~';ized Agent Sworn to before me this.]] ~ (Agent must submit wriUen Authorization from Owner) day of 3..~C ,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 bluffwhich 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/16145). 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. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_Spyro Avdoulos Date Prepared: June 10, 2008 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.ft..= 873 sq.ft total increase. Square footage of your lot:__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 (fiat, 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 Gerard P. G~ehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ht tp:Hsoutholdtown.north fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 o 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 $outhold Town Cled ZB File # 6145 - SPYRO AVDOULOS Property Location: 54985 C.R. 48 (alMa 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 ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14'14 to 23, and the Suffolk County Department of Planning reply states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 28,149 square foot has 63.37 feet along North Road (C.R. 48), 405.83 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to the Long Island Sound. The June 16, 2006 survey prepared by Joseph A. Ingegno, Land Surveyor shows the premises improved with 1½ story single family dwelling and accessory 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 existing foundation was defective and that no footing was found under the east side of the foundation wall. The proposed construction was found not to meet the conditions for maintaining existing development within this Coastal Erosion Hazard Area. It was recommended by the LWRP Coordinator that the application be amended to comply, to the greatest extent practicable, with the LWRP policy to have structures adjacent to sounds where a bluff exists a bluff landward of the shore be set back not fewer than 100 feet from the top of the bluff. DETERMINATION: The Board has considered Policies 4.2, 5 and 6 under the LWRP, and the March 26, 2008 recommendation of the LWRP Coordinator. The applicant and his engineer stated during the March 27, 2008 public hearing that the remaining three walls of the foundation will not be reconstructed and therefore will remain (in kind, in place), without reducing or changing the nonconforming setbacks that exist (ref. plans prepared by Chorno Associates date-stamped March 7, 2008 with hand notations added, Pages A-1 3-5- 08, A-2 9-25-07, and A-3 3-5-08). In an evaluation issued July 16, 2007 to the Board of Appeals, from the County of Suffolk, Soil and Water Conservation District, the bulkhead was found to be in stable condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant agrees to obtain permits and make necessary repairs as recommended in this evaluation. No future sprinkler irrigation system w~ll be installed within close proximity of the bulkhead, which is a catalyst for erosion and can cause damage to the bulkhead. Within the site plan, silt fencing is documented and care must be taken by the applicant for proper installation of the silt fencing, which involves digging a trench and burying the bottom of the silt blanket. This action is limited to the single wall on the easterly side (with first-story alterations over the existing foundation), which action furthers Policy 6 of the Local Waterfront Revitalization Program. With the above measures and limitations, this action furthers Policies 6, 5, and 4.2. ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100): Zoning Code Section 280'116A states that all buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluff. Page 3 -April 10, 2008 ZBA # 6145 - Spyro Avdoulos CTM 44-1-5 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 27, 2008, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests relief in this variance application, setback relief for reconstruction of the first floor and replacement of a single foundation wall at the eastern portion of the structure, with the same setback nonconformity that exists, concerning a proposed amendment under Building Permit #33677. ADDITIONAL INFORMATION: On August 16, 2007 ZBA #6060 granted relief for alterations and additions to a single-family dwelling, for which a building permit and other agency permits were received. During construction activities, a Stop Work Order was issued by the Building Inspector when the Town discovered that work pursuant to the building permit (variance and other permit) had gone beyond the scope of authorization. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makee the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The bluff is low and stable and is protected by boulders and vegetation. 2. Town Law §267'b(3)(b)(2). The benefit sought by the applicant (reconstruction of the first floor of the existing house and reconstruction of the eastern foundation wall as per plans) cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Adding square footage on the landward side of the house will maintain tlie 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 fncst floor that is adjacent to the bluff (Coastal Erosion Hazard Area). The original application and plans that were approved under Appeal No. 6060, and this application, have not changed the bluff setbacks. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, since the existing foundation of the house predates these regulations and the eastern wall has been upon inspection determined to be substandard. Page 4 - April 10, 2008 ZBA # 6145 - Spyro Avdoulos CTM 44-1-5 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The three-bedroom house that existed will be maintained, No evidence has been presented to show that partial reconstruction of the easterly foundation wall will result in disturbance of the land between the house and the top of the bluff. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction of the easterly wall, in place, while ut'rlizing 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 Gcehringer, and duly carried, to GRANT the variance as applied for and shown on the survey revised December 19, 2007 by Nathan Taft Corwin II, L.S. and maps, with hand notations added, prepared by Chorno Associates date-stamped by ZBA March 7, 2008, Pages A-1 3-5-08, A-2 9- 25-07, and A-3 3-5-08. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members~airm...a~/. ~q~[.mon and Weisman. Member Dinizio and Member Oliv0~ere absen, t~'This ~solutiop//wss cl~ily adopted //..l~ard P. Goehring~r, Cha'~man [/4//072008 ~ Approved for Filing ~ SURVEy OF LOT 15 & THE WESTERLY 1/2 OF LOT 16 NAP OF PROPerTY OF W. H. YOUN~ AND R. $. GOODALN SITUATED AT GREENPOI~T TOWN OF ~OUTHOLD SUFFOLK COUNTY, NEW YORK S,C, TAX No. 10iD0-44-01-05 Joseph A, Ingegno Lsnd ~urveyor SURVEY OF LOT 15 & THE WESTERLY 1/:~ OF LOT 16 MAP OF PROPERTY OF W. FI. YOUNG AND R. J. GOODALE SITUATED AT GREENPORT TOWN OF' SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. lAX No. 1000-44-01-05 SCALE I "=50' JUNE 16, 2008 Nathan Taft Corwln III Land Surveyor APPEALS BOARD MEMBERS~} James Dinizio. Jr., Chairman Gcrmxl E G~chringer Ruth D. el/va Michael A. Simtm l.cslic Kanes Weisman Mailing Address: Southold Town Hall 531)95 Main Road · P.O. Box 1179 Southnld. NY 119714)959 Office L~cation: Town Annex/F/fsi Floon No,Ih Fork Bank 54375 Main Road (al Youngs Avenuel Soulhold. NY 11971 hnp://southoldtown.northh',rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-1809 · Fax (631) 765-9064 MEETING OF AUGUST 16, 2007 ZB File No. 6060 - Spyro Avdoulos Property Location: 54985 North Road, Greenport CTM 44-1-5 SEQRA DFTERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this application and determines that this review falls under the Type Il 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), 40583 feet along the easterly side line, and 79.03 feet along the northerly (rear) line adjacent to Ihe Long Island Sound. The premises is improved with 1~ story single family dwelling and accessory flame garage, as shown on survey prepared by Joseph A. Ingegno, Land Surveyor dated June 16, 2006. BASIS OF APPLICATION: Request for a Variance under Section 280-116A, based on the Building Inspector's amended June 13, 2007 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling with a setback at less than the code-required 100 feet from the top of the bank or bluff adjacent to the Long Island Sound. SUFFOLK COUNTY ADMINISTRATIVE 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 addilionaliy a recommendation if this application were to be approved: to maximize the non- turf buffer landward of the top of the bluff to protect the bluff, and to further Policy 5 for protection and improvement of water quality in the Town of Southold. The house is sited approximately 20 feet from a wooden bulkhead, and a grassed lawn exists in this area, Accordingly to an evaluation conducted by the County of Suffolk, Soil and Water Conservation District, in its letter dated July 16, 2007 to the Board of Appeals, the bulkhead is in stabile condition. Efforts to maintain the stability of the bulkhead have occurred with the installation of new pilings to reinforce the decayed pilings. The applicant has coni'irmed that necessary repairs will occur as recommended in this evaluation. No future sprinkler irrigation system should be installed within close proximity of the bulkhead, which is a catalysl for Page 2 - August 16, 2007 ZB File No. 6{)60 - Spy~o Avdoulos CTM No. 44-1-5 erosion and can cause damage to the bulkhead. Within the site plan, silt fencing is documented and care should be taken with the installation of the silt fencing, which involves digging a trench and burying the bottom of the silt blanket. In addition, no disturbance to the land between the house and the bulkhead would occur for the areas of construction, as proposed, in this application. Grant oi: the relief under Chapter 280 (Zoning Code) involves the keeping of the existing foundation without disturbance and converted to a patio, after removing the north first floor wall that is over the Coastal Erosion Hazard Line (see Town Trustees' Permit for related requirements and conditions). The house was built in the early 1950's, and these renovations and additions will bring the home into the current building code standards, without reducing the existing setbacks of the foundation, There is no new foundation or basement proposed. The new construction for the additions, as proposed and shown on the plans submitted with this request, will be on landward side at the southerly portions of the dwelling. A non-turf buffer and dry wells will be installed to comply with the Town Truslee requirements. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Beard 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 Iwo-story home with a new raised open front porch, as shown on alteration plans prepared by Chorno Associates dated 04/07/07. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. By field inspection of this property and the surrounding properties in the immediate area, most of the homes lie very close to the top of the bluff. The subject property's bluff seems fairly stable with large recks and boulders found on the beach. The proposed steps on the new porch will lie 19' from the top of the bluff. The actual dwelling is proposed at 23.2 ft. from the top of the bluff. In the discussion with the architect and review of the alteration diagrams, two walls of the home will remain and the existing second-story (full half story) will be removed. At the hearing, the architect testified that the existing foundation is in good condition to support the proposed new two-story additions for this dwelling. Based upon all the evidence submitted with testimony during the hearing and with documentation presented, that the reconstruction would not cause an undesirable change in the character of the neighborhood or detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing foundation will be used, after alterations, in a location that has for many years been nonconforming in relation to the bluff. There is no other alternative but to request a variance. 3. The variance granted herein is substantial. The replacement of the home is essentially within the same building footprint. This is the maximum relief that the Board will allow. 4. The relief requested is not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. P~ge 3 - August 16, 2007 ZB File No. 6060 - Spyro Avdoulos C~TM No. 44-1-5 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing the primary structure over the existing foundation, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing lest under New York Town Law 267-B, motion was offered by Member Goehdnger, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Joseph A. In,qec~no, Land Surveyor dated June 16, 2006 and Proposed Alteration plans prepared by Chorno Associates dated 04/07/07, subiect to the followin~l condition: the only equipment or vehicles permitted within 50 feet of the top of the bluff shall be rubber-tired such as a backhoe. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliv~a%Goehringer, and Weisman. Member Simon was absent. This Resolution was duly adopted ~z(~, J)~ Dinizio Jr,, C~-aTrr~ / /,,'Approved for Filing L'OAIc' Z~4~D ~OU~vD SURVEy OF LOT ~5 & THE WESTERLY l f2 OF LOT 16 MAP OF PROPERTY OF ~, H. YOUNC AND R. J. GOODALE SITUATED AT GREENPORT TOWN OF ~OUTHOLD SUFFOLK COUN'I'Y, NEW YORK S.C. TAX No. 1000-44-01-05 SCALE 1 "=30' JUNE ~6, 2006 Joseph A. Ingegno Land Surveyor TOWN OF $OUTHOLD PROPERTY *RECORD CARD S. ~'/D~ S~S. VL. FARM COMM. CB. MISC. Mkt. Value AGE BUILDING CONDITION ~ NORMAL . BELOW ABOVE ~ Acre Value Per Value ............ Acre lable Iob[e 2 labie 3 ~odland ~mpland. FRONTAGE ON WATER ?0 / (~ ishJand FRONTAGE ON ROAD 76 ~ use Plot - DEPTH ~V ~ ' BULKH~D OWNER LO'~ ~ FORMER OWNER N ' U LAND IMP, / £ r:' . . /. 6 AGE BUILDING CONDITION NEW NORMAL t Bb. LUW ~,~uvc '-". ~:.~;.:.: .. FARM Acre I Value Per Value :; .~ . Acre Tillable 1 -- ~ Tillable 2 [ ~ 3 ' ~ '~'~'~"~'~'- -' 3~~ ~ ~ Woodland ~ ~ - Swampland FRONTAGE ON WATER ~' / '¢ g Brushland FRONTAGE ON ROAD ~ / H6use Plot ,- DEPTH ~ ~ Totol ~ ~ ~ , ..~ ~ DOCK TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL' SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 S outholdTown.NorthFork, nef ---~P~ERMIT Examined .20 Approved ,20 Disapproved a/c 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 /t~ /O ,20 ~ 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 this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection tN:oughout 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 pemfit 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 mnendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, Nexv York, and other applicable Laws, Ordinances or Regulations, for the construction ofbuildings, 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, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectionk ~'"--~2.~ (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 / / If applicant is a corporation, signature of duly authorized officer (As on the tax roll or latest deed) (Name and title of corporate officer) Builders License No. Plumbers License No, Electricians License No. Other Trade's License No. 1. Location of la_..nd on which propg~ed ;vo.rk will be done: House Number Street k~amlet County Tax Map No. 1000 Section Subdivision Lot ~9~"'" Lot !.~ State existing use and occupancy of premises and intended use and 9ccupancy of proposed con~tructio,n:,~ ~ Existing use and occupancy ~tz~c/~/rtT--~ /d~ .~~ t/~//~:/-d/~/~oa-r~.~ ~'~ / 0 Intended use and occupancy ~t¢¢~ /~E-~¢-7/~c 7~ ¢¢¢/~.~/~w~/a~ Na~e of work (check which applicable): New Building ~~ Addition ~ Alteration Repair Removal ~ Demolition O~er Work ,~y~ ~ Estimated Cost ~/t20/dTO 0 If dwelling, number of dwelling units If garage, number of cars Fee (Deschption) (To be paid on filing this application) 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 Depth Dimensions of same structure with alterations or additions: Fron~. Depth Height_ Number of Stories 8. Dimensions of entire new construction: Front Rear_ Height Number of Stories .Depth Rear 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Fenner Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation'? YES ~Y NO__ 13. Will lot be re-graded? YES NO__Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 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 YOKK) SS: COUNTY O F ~J~ ~)t~ t/'/~O t~t/~e being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the t~(C~tractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his ~owledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Signature of Applicant ~j~ x 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road i~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. 'r ''¢ ....Oe~a r(¢t~. G oe h~in g e r ~/' Cha rman Spyro Avdoulos December 13, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, 8pyro Avdoulos, as owner of premises ..~-c/~ o~or-/~or, Sh~ad (1000-44-I-5) ~ ..... or/- hereby authorize you to make any and all applications to the Town of 8outhold Zoning Board';'f Appeals,, Town of Southold Planning Board, Town of Southold Board of Trustees, New York State DEC, Suffolk County Health Depar~nent and any other necessary agencies on my behalf and on my behalf regarding my above referenced property Veq' J~dyOx:zum, '~-- ' ~ sPv O AVOOULOS 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 ~. 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? ~ 2) Are these areas shown on the map submitted with this application? yes 3) Is the properly bulkheaded between the wetlands area and the upland building area? 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. Is 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. Ifyes, pleaselabel H. Please list present use or operations conducted at this parcel residence and proposed use (examples: ~xisting: single-family; proposed: same with garage or pool, or other description.) Authorized 8ignature and Date 2/05; 1/07 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 bf 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 sarne. 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 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 S~gnature:~ Print Name:_,_.C/~ Signa~ Print Nme: Pa~cia C. Moore Esq.