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Home My WebLink About5615GOUVEIA J&J (C. MESIANO) 5615 L'T YC~ _ ADDNS/ALTS - SY & BLKHD SBS & LOT 1 _ -- CVRG 55405 CR 48 SHLD 44-1-11 R40 I p~ ia. -ito -ny ca is ~d9 -ay ~ cvS rlat ~v .,2.yLCz~c< 3a~~ ~o 3~~~37' h ~~b~rv~ PEA 3~a7/v&' ApA y/,a16~ i ;,~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nort h fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED t-~,~' jA I ? 2 05 .... So~thol~ ~own Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 29, 2004 ZB #5615 - JOHN and JOANNE GOUVEIA Property Location: 55405 CR 48, Southold; CTM Parcel 44-1-11. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 6,137 sq. ft. parcel has 50 feet along Middle Road (a/k/a County Road 48), 56.01 feet along the Long Island Sound, 110.07 feet along the easterly side line, and 134.12 feet along the westerly side line, as shown on the March 15, 2004 survey prepared by John T. Metzger, amended August 27, 2004. The August 27, 2004 survey depicts the location of the existing one-story, single-family frame house with wood decks, accessory shed, brick patio/walks, asphalt driveway. BASIS OF APPLICATION: Building Department's May 26, 2004 Notice of Disapproval, amended November 22, 2004, Notice of Disapproval, citing Sections 100-239.4, 100-242A and 100-244B, in its denial of a building permit to construct additions and alterations with setbacks at less than 10 feet on a single side, less than 25 feet for total side yards, less than 100 feet from the bank or bluff adjacent to the Long Island Sound. Also, the lot coverage with the new construction will exceed the code limitation of 20 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 16, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an open deck extension at the northeast corner of the existing deck, and proposed new addition over the existing deck, with setbacks at 31' and 37' feet from the tie along mean high water mark, and 2.0 and 2.1 feet from the easterly side property line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - December 29, 2004 · ZB #5615 - John and JoAnne Goi3'~eia CTM Id: 44-1-11 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby propedies. The applicants wish to enclose an 8'10" by 17'7" deck attached to their home for additional living space. Aisc proposed is a 90 sq. ft. deck extension along the east side of the existing deck, over an existing concrete area. The increase in lot coverage is 85.7 sq. ft., or 1.4% from the existing coverage of 31.3% to 32.7%. Both areas of construction will continue the easterly side yard setback of two feet that has been maintained for over 16 years. 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 plight of the applicant is that of total nonconformity that exists at the premises, and therefore any additions would require relief by way of a variance application. The lot is 56.01 feet wide along the Long Island Sound, and the width of the home tapers to 37.8'. The extension of the deck allows access to the enlarged bedroom which replaces the former deck. 3. The variance granted herein is substantial. The relief granted is the maximum the Board would approve. 4. The difficulty has been self-created and is related to the nonconforming aspects of the premises and code requirements. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and modifications/alterations to existing deck construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, with setbacks as shown on the survey maps amended August 27, 2004 and December 16, 2004, prepared by John T. Metzger, and map prepared by Condon Engineering, P.C. dated 10/10/2004, SUBJECT TO THE FOLLOWING Page 3 - December 29, 2004 ZB #5615 - John and JoAnne Gou~eia CTM Id: 44-1111 CONDITIONS: 1. That the lot coverage (building construction) not exceed 32.7%. 2. That the deck remain open to the sky. 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 suc~ uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Orlando (,~ting,~h 'a~n~Go/inger and Dinizio./ (Absent were Chairwoman Oliva and Member To r t ora ./~///~/,h~,li~.~,~j,~,~,~u ly a d 0 pt e d ( 3 - 0 ). Vincent ~r/l~-n~d/o/A, ~n~"~Ch'~a irma n 1/~'/05 Approved for Filing LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 16, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, December 16~ 2004, at the time noted below (or as soon thereafter as possible): 10:50 AM JOHN and JOANNE GOUVEIA #5615. Request for Variances from Sections 100-239.4, 100-242A and 100-244B, based on the May 26, 2004 Notice of Disapproval, amended November 22, 2004. The reasons stated for the denial of the building permit application is that the additions will have setbacks at less than 10 feet on a single side, less than 25 feet for total side yards, less than 100 feet from the bank or bluff adjacent to the Long Island Sound, and the lot coverage will exceed the code limitation of 20 percent. Location of Property: 55405 CR 48, Southold; CTM Parcel 44-1-11. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 22, 2004. Ruth D. Oliva, Chairwoman Board of Appeals FORivl NO. 3 NOTICE OF DISAPPROVAL DATE: May 26, 2004 AMENDED: November 22, 2004 TO: Catherine Mesiano A/C Gouveia 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated May 25, 2004 For permit to construct additions and alterations to an existing single family dwellin~ at Location of property 55405 Route 48, Southold, NY County Tax Map No. 1000 - Section 44 Block_[ Lot 11 Is returued herewith and disapproved on the following grounds: The proposed addition, on this nonconforming 6.137 square foot parcel, located within the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 100-239.A2, which states; "...buildings or structures located on lots adjacent to sounds shall be set back not less than 100 feet from the ..... ordinary hmh-water mark of said sound... Following the proposed construction, the single family dwelling will be set back 31 feet from the ordinary high water mark, at its closest point. In addition, the proposed construction is not permitted pursuant to Article XXIV, Section 100-242A, which states, "Nothin~ in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create an,/new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of 2 feet, a total side yard setback of 4 feet and a total lot coverage of 31.3 percent. The proposed addition will maintain that non- contbrming setback and increase lot coverage to 32.7 percent. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the deeree of non- conformance. Article [II, Section 100-244, states that nonconforming lots measuring less than 20,000 square feet in total size, require a single side yard setback of 10 feet, a total side yard setback of 25 feet and a maximum lot coverage of 20 percent. Damon [[ailis, Permit Examiner This Notice of Disapproval was amended to correct an error and address changes made bv the applicant. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APP!~ICATION TO THE SOUTHOLD TOWN BOA]~ OF APPEALS Fee: $_~ FHed ny: ~ ~,~..~ ~..: 0~) ~ate As'~°ned/Assignment N°. C Parcel Location: House No. 5~O ~ Street ~ a u'r £ ~'g ' Hamlet~~j~ SCTMI000S,~dou+~-nlo~k I Lot(s) I~ LotSIze~]~ ZoncOistrict R '~t'O I OVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): ~ ,~ Mailing Telephone: NOTE: If applkant is sot the owner, ntt if applicant is owner's attorney, age.t, architect, builder· contract vendee~ etc. Authorized Representative: Address: Telephone: r'_A..Ti:~'._B!NF Mi:SIANO; INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 Please specify who you wish correspondence to be mailed to, from the above Hsted names: [] Applicant/Owner(s) [~ Authorized Representative [] Other: WI~EREI~Y THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy Other: [] Change of Use [] Permit for As=Built Construction [] Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article X ~ ~ ]I Section 100- ~ Subsection XxlV too- 2...4.'2. ~ Type of Appeal. An Appeal is made for: ~ 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 [] Reversal or OIher A prior appeal [] has [] has not been made with respect to this property UNDER Appeal No. Year " ~gned Appl. No. For Office Use Only. Fee $ Office Notes: ealtA: AR~A VARIANCE REA$ON$ (attach ex~Ya sheet as needea~: S ~.~ /6r'I-T'~ C I~'J~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby propentes, if granted, because: (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: (3) The amount of relief requested Is not substantial because: (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditiom in the neighborhood or district because: ($) Has the variance been self-c~eated? ( ) Yes, or ( ) No. ff not, Is the conskucflon existing, as bugt? ( ) Yes, or ( ) No. (6) Additional Information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach exfra sheet as needed) This is the MINIMUM that Is necessary and adequate, and at the same lime presewes and protects the character of the neighborhood and the healih, safety, and welta~e of the community. ( ~, ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorn~ notary area below. gnature of Appelian'~"or Authorized Agent Sworn to before me this _ (Agent must submit Authorization from Owner) 9/30/02 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: THE PHYSICAL ATTRIBUTES Of THE EXISTING STRUCTURE AND PROPOSED EXTENSION CONFORM TO THE CHARACTER OF THE NEIGHBORHOOD. FEW, IF ANY, STRUCTURES IN THE NEIGHBORHOOD ARE IN COMPLIANCE WITH THE CODE. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the area vadance because: THE STRUCTURE IS PRESENTLY NON-CONFORMING. IT IS THE APPLICANT'S DESIRE TO ENLARGE ONE BEDROOM AND GAIN CEILING HEIGHT, BECAUSE IT, TOO, IS NON-CONFORMING THERE IS NO OTHER PORTION OF THE STRUCTURE THAT CAN BE MODIFIED TO ACCOMPLISH SAME. THERE IS AN OPEN , SUB-GRADE CONCRETE STRUCTURE THAT EXISTS ON THE PROPER'FY. THE PROPOSED DECK EXTENSION WILL COVER THE EXPOSED OPENING THEREBY MAKING THE PROPERTY SAFER. THE EXISTING DECK IS SETBACK 9' FROM THE BULKHEAD AND 2' FROM THE EAST LOT LINE. THE SETBACKS OF THE DECK EXTENSION WILL BE _> THE EXISTING SETBACKS. 3. The amount of relief requested is not substantial because: THE PROPOSED EXTENSION WILL NOT EXTEND BEYOND THE EXISTING OUTER PARAMETERS OF THE HOUSE AND WILL BE CONSTRUCTED OVER AN EXISTING DECK. THE DECK EXTENSION WILL BE CONSTRUCTED OVER AN EXISTING CONCRETE PIT The vadance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distdct because: THE PROPOSED ADDITION WILL HAVE NO EFFECT ON THE DENSITY, TRAFFIC OR VISTAS IN THE COMMUNITY Has the alleged difficulty been self-created? ) Yes. X) No. 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. ,,./~ /? Catherine Mesiano, Agent for John & JoAnne Gouveia Sworn to before me thisc~ day of September 2004. Notary Public UNDA F. KOWALSK! NOTARY I:~tJBLIC, ~'TATE OF NEW YORK NO 524624771 QUALIFIED IN SUFFOLK COUNTY /- COMMI~ION EXPIRE~ NOV ~0, 20.~ ....... ~ .................. ~ ...... I NOTICE )~ COUNTY OF SUFFOLK .~..---- ................. ( ..................................................................... , ~mm?~m~*m ','m "m'.:~ L..~'''m"~."?"~,m~'; CERTIFIED TO' JOHN GOUVEIA JOANNE GOUVEIA Z ONG IsLe/va CONTINENTAL CAPITAL CORP. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK 201 1880 Z ~ooO [ 13'~' 50.00' ~, AREA = 6137 sq. ft. to tie line SURVEY FOR JOHN GOUVEIA & JOANNE GOUVEIA A T ARSHAMOMA OUE '~137 ELEVATIONS AND CONTOURS ARE REFERENCED TO N.G. V.D. ANY AL i P~4 TION OR ADDITION TO THIS SURVEY lSA VIOLATION OF' SECTION 7209 OF' TH~ NEY/ YORK STATE EDUCATION LAF/~ EXCEPT AS PER SECTION 7'zog--~UBDIVI$10N ~., ALL CE~I~-~TION~ I'I~:~EON ARE VALID FOR TH~ ~ AND COPIES THE~EOR ~ Y F SAID MAP OR COPIES BEAR T~E IMPRE~.~E~ ~-4L OF' THE SURVEYOR WPiOSE ~ TURE APPEARS HE~EON. ~ITiONALL Y TO COMPLY FILTH E~41D L~W THE TERM 'ALTERED BY' MU~T BE USED BY ~VY AND ALL SURVEYORS UTILIZIN~ A COPY O~ ANOTHER SURVEYOR'S MAP. TERM~ SUCN AS 'INEPECTE~° 'SROUC~HT-TO-OA TE~ ARE NOT IN COI~IANC~ ~IJTH THE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 44 - 01- 11 Scale: 1" = 20' Oct. 4, ~94 ~ARCH 15, AUGUST ~?, ~004 SOUTh, -~Y. 11~71 94 - 304 ROOF PLAN SOUTH ELEVATION PROPOSED 38' NIGN MIN BALLASTERS (TYP,) LONG ISLAND SOUND PROPOSED DECK EW 1 STORY ADDITION \ EXISTING DECK 1 STORY FRAME DWELLING SITE PLAN PROPERTY INFORMATION FROM SURVEY BY PECONIC SURVEYORS, PC, DATED MARCH 15, 2004, SCALE; 1"=20' SCTM 1000-44-1-11 0C'f 2 2 ~o04 EXISTING WALL TO BE REMOVED (TYP.} FLOOR PLAN EAST ELEVATION FOUNDATION "'. -' NORTH ELEVATION Plans are prepared by Condon Engineering, P.C. It is a violation of the New York Satte Education Law, Article 145, Sec~on 7209, for any person unless acting under the direction of a licensed Professional Engineer, Amhltect, or Land Surveyor, to alter any item in any way. If an item bearing IhE seal O/an Engineer, A~ltect, or Lend Surveyor is altered, the altering Engineer, Architect, or Land Surveyor shall amx to the item his/her seal and the notation "Altered by" followed by hlslher signature and the date of such alterations, and a specific description of the alteretion. GOUVEIA RESIDENCE sC^,E:^Ss.owNCondon" ' '-i:nglneerlng, P.C. 55405COUNTYROAD48 Drawn by: J JO 1755 Sigsbee Road SOUTHOLD, NEW YORK Matt/tuck, New York 11952 SKETCH Data: 10/10/2004 (631) 298-1986 PLAN