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HomeMy WebLinkAbout6144GQUVEIA J&J (C. MESIANO) 5615 LT _ ADDNS/ALTS - SY & BLKHD SBS & LOT CVRG 55405 CR 48 SHLD 44-1-11 R40 YY ~~ p~ l~-,to-ny ~'~ ~~-d9-aY Q.,r-t cuc~ rlo-t ~o .:2.yCia..e.B~ 3a.-J ~o 3 ~ ~ ~ 3 '~. ' h n~~ b ~ rv~ PEf 3~a7/v8' F)fI H y// ts1a % ;~~ APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ho~~pF SOUI~o~ • ~~0~ ~~y00UNT'1,~.,~' http: //southoldtown. northfork. net • 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 ZONING BOARD OF APPEALS IVED~- TOWN OF SOUTHOLD ~ : Z Z TeI. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIONS~Q le MEETING OF APRIL 10, 2008 ZB # 6144 -JOHN and JOANNE GOUVEIA Property Location: 55405 CR 48, Southold CTM Parcel 44-1-11 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 6,137 square foot 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 December 16, 2004 survey prepared by John T. Metzger and Peconic Surveyors, P.C. The December 16, 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: Request for Variances under Section 280-124, based on the Building Inspector's Notice of Disapproval concerning proposed addition and alterations to the existing single-family dwelling, which new construction will result in a setback at less than the code-required 35 feet from the front yard lot line and increase in lot coverage exceeding the code limitation of 20%, at 55405 County Road 48 (a/k/a North Road), Southold; CTM 44-1-11. 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 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 applicants wish to replace their existing front entry with a 5' by 8 ft. wide platform with trellis above and steps, which will be 27 feet Page <r-April 10, 2008 • - ZB ;P 6144 -John and JoAnne Gouveia CTM # 44-1-11 from the front property line as noted in the Building Inspector's Notice of Disapproval and shown on the applicant's hand-drawn survey. 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. The addition is a simple porch landing with trellis and steps and it will allow for better access to the home through the front door. 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 landing will be constructed to allow an easy entrance into the front door. 3. The variance granted herein is not substantial. The relief granted represents a mere 10 square foot increase beyond the existing landing. 4. The difficulty has not been self-created because when the house was built, a safe access was not provided. 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 a new entry landing with trellis and steps, 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 Weisman, seconded by Member Simon, and duly carried, to GRANT the variances as applied for, as shown on the December 16, 2004 survey prepared by John T. Metzger, Land Surveyor, and with hand notations, and elevation •Page 3-April 10, 2008 . ZB tk6144 -John and JoAnne Gouveia CTM # 44-1-11 diagram, (both maps stamped final by the ZBA). Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicants 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 Goehri Dinizio and Member Oliva were absent. Th (3-0-2). Gerard P. Goehringer, Approved for Filing Simon and Weisman. Member 4//,(%2008 '~' ~ ;~i~G~~ l~c~i~ff' u~ ~cufd,~ rd , >~-~ C cct ~e1G des, l~~~v~. GV2n I~l~G1/ PRo AoS~ C F-~'v.r; ~ /Jnc~' ~ 5- ~ _._ i . 'Fi FK~? NT /~ROP~'f27'W FINAL MAP REVLEWED BY ZBA SEE DECIS, )ON # .bl~- DATED ~7-1° 1 Zoo I ~ F~ o! M ~ ~ ` eI N ! ~ /u~r FINAL MAP REVIEWED BY ZBA SEE DECISION ~! loll DATED/moo / [pNG /,g~,gND SpUND -s, ~- ~ -~ c z ~ 1 N ~ o Z p ~ -0 ~ O l ~ o Z WOOD BLKD D TOP BLKD EL. If CERTIFIED 70~ JOHN GOUVE/A JOANNE GOUVE/A CONTINENTAL CAPITAL CORP. FIDELITY NAT/ONAL TITLE INSURANCE COMPANY OF NEW YORK 20/ 1880 MAP :1li~YYED BY ZBA E DECISION # ~ TED/ (o /zoos ~~~ AREA = 6137 sq. ft. to tie line LOT COVERAGE Nae., Dear..; SHa<d /924 >q.N AsPho./f br,~k. wa/.(3, 6. y,/b wa/,c y t°°c 5/ab c 84b 9.{"t ex s/.erg ~ Z'nz sy. ~{ zoo m~loi3~` 4s.¢% /„° o/an9 M,y MM 560/ _~ _ ~` wpO" cLe~K ,r% / ~ ~ ~ / ~ l .. _/ fir. ~ s/~. I/5 62 p.F.EL• 0 l ^ ~~ (~\\ 1 `~~1\ ~^ O z~ r~^" ` <D ~= _ „ m < m _~ ~ O ~ >~ ~ c~nZ ~l N Z '"nH 1 w L el 1 n / {)~Y`~ ~ ~ x / ~ f i _ ~~ N 14.E - _ ' 4.3, ~ EL. 13.5' P 61`1 <f"o _ mH~° N!~~~ 9 %1~ D r J: ~ OS } P1 mw~ i ~ 9 50.00 Jl~ }, . t ~ /rn,~ __ ... c IS= R~A~ SURVEY FOR JOHN GOUVEIA & JOANNE AT ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-44-01-11 Oct. 4, 1994 MARCH /5, 2D04 AUGUST 27, 2009 Oec /G Zoo4(revcuo D ~~ mA 0 z cn GOUVEIA AF{cr Coos/r/c {roo 2800 ~ ~ v ~ n t. C I G/3 ]~ Q'S.la / VEp AS FEA TEATS! APPAo AND CpNOtT10Nl ,~~/OlSQ3 ELEVATIONS AND CONTOURS ARE REFERENCED TO PeAtAfT[~.5---~-- N.G.V.D. DnTa_ T ° N'cW ANY ALTERAT/ON OR ADd7/ON TO 7W5 SUgVEY /S A V/OLA 7/ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SEC7XIN 720'tSUBLVVA5/0.V 2 ALL CfR7~IG TIONtG hFFEON ARE VALD FOR THS MAP AND COPIES THEREOF NILY !F SAID MAP OR COPIES BGR THE IMPRESSED SEAL Of THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY W/TH SAID LAW THE TERM ALTERED BY' NUST BE USED BY ANY AND ALL SVRVEYQ45 U7/L121NG A COPY OF ANOTHER SURVEYOR'S MAP. TERNS SUf1l AS lf/SPECTED' ANO 9ROUGH7-TO-DATE' ARE NOT W COAlPLL1NCE W/TH THE LAW. ~ ~ ~/ N.Y.S. L/C. N0. 49618 1 O ~/ ORS, P. C. MAl SOUTHOLD, N. Y. ll97/ ~ n ' - _ - - _' ~A l 'EL.13.2 A° I / i O ~ ~ D ~ t r ~ m ~ s;'t. ; D ~ < ~> \ D r C y1.J,.a tV 94 - 304 ~ I ~ ~ ~ ~ FINAL MAP i ~ ~~~~ ; i ,REVIEWED BY ZBA ~ ~ ~ ; ; ~ SEE DECISION ~ (o-'f~ "--- DATED, I~,1~ ~" 5.0 G`t \~,~~ ,.y e FORM NO. 3 ~~ NOTICE OF DISAPPROVAL TO: Jo Anne & John Gouveia 55405 County Road 48 Southold, NY 11971 Please take notice that your application dated February 4, 2008 DATE: February 12, 2008 AMENDED: March 13, 2008 ~~~~~ U~ For permit to construct additions and alterations to an existine sin leg family dwelling at Location of property: 55405 County Road 48, Southold County Tax Map No. 1000 -Section 44 Block 1 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwellin¢ on a non-conformins 8 712 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states that non-conformine lots measuring less than 20,000 squaze feet in total size require a minimum front yard setback of 35 feet and are allowed a maximum lot covera¢e of 20 percent. The nroaosed construction notes a front yard setback of 27 feet and a total lot covera¢e of 46.4 percent. Authorized Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ~~~~ s-~~ ~~ Ci ~ir~~; j 1 COUNTY OF SUFFOLK ~'~ ~ ~CC~I~~N/L© mFa~ t g -~ , BOARD ~F APPEALS STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING April 15, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Gouveia CJC1 Corp. Nadherny, Thomas & Patricia Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc 6144 6146 6151 LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR . P. O. BOX 6100 (6311 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (6311 853-4044 APPLICA'1~N TO THE SOUTHOLD TOWN BOA OF APPEALS / For Office Use Only /- I ~ C Fee: $~` Filed By: ~}Id~71/ Date Assigned/Assignment No. s(' Office Notes: S v-v n House No. ~b yGtjS rt set l~D[.D/ e ~ ~ Hanilet c~Dl•Ct~~l~ SCTM 1000 Section~Block ~ Lot(s) /~ Lot Size, Zone R(' $I tlk~.l +~ ~l~b I (WE) APP ~ A THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~- / Z ~ ~ BASED ON MAP DATED Applicant(s)/Owner(s): d0 -T N h P. lldt ~ ~D ~ G D R lIG (A MailingAddress: 55~/0~ Mute ~~ ~Dk~,D~d , Ny ~19~1 Telephone: 63 ~- ~bS"~' 3 D ~, Fax #: 6' I - 76 s -1741 Email: ~ Of / 4 $ • GO>y NOTE: In addition [o [he 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: for ( )Owner, or ( )Other: Agent's Telephone Fax #: Sb>l ~3S Please check box to specify who you wish correspondence to be mailed to, from the above names: ,$f ApplicanUOwner(s), or ^ Authorized Representative, or ^ Other Name/Address below: WHEREBY THE BUILDING INSPE T R REVIEWED MAP DATED } / O ~ and DENIED AN APPLICATION DATED 1 l2 ~$ FOR: .I3~Building Permit ^ Certificate of Occupancy ^Prs-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 quotg the code.) Article)< //~ Section 280- l Z'{ Subsection 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 Other A prior appeal'~has , ^ has not been made at anv time with respect to this property, UNDER Appeal No: /j Year z'bD (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: . ~ File # ~~ REASONS FOR APPEAL (additional sheets may be used with nreoarer's sinnaturel: AREA VARIANCE REASONS: (I) An undesirable change will not be produced iq the CHA~ CTER of the neighborhood r a etriment ty nearby properties if granted be use: M ~~ l u ~~ I hq ~(} m ~ nt QO©v .~ aCCUSM1'tirlD~Gt~~ Gtrzluts'~/m~~ ~ ~~ ~ "~ u~1F<~ E~~tv~Aelv~r-~o~, e ~ ~n c~G{,s ~ S I ~ N~' -~"~~"~P~g~~'~ ~C~d~ ~~~I~ racfe~ ~h~t[s~e a~ 2 he ene t sou t t a hcan A ~ac tev bye some method feasible for the applicant to pursue, ther tha an area variance, because: ~ho 1 ~2N~-i bl e ~ ~ ~GI'ntl~l' l~G~t~;2F.~.- h/l`r"~t ~~ /CQh, , (3) The amount of relief requested is of substantial because: /~~ r ~ L'LCZ'~y(/a'({ "~ CaVvl~ .~,~1 ca-fig"~ ~~airwcu~ wo~~ ~ r~¢e-ur ~// .~c~er~., s°i.o(~n~ ~.. (4) The variance will NOT have an adverse effect or impact on the hysical ar environmental cpnditions in the neighborhood or district because: '~ A~V~~ Utr e r ~ Wlt XhQ/(aft!( -f f~P~ l~4ad Q,c,Ge~.r ~ lL ,(2k !~/<C ~/~iL , e (5) Has the alleged difficulty been self-created? OYes, or ~No. Are there Covenants and Restrictions concerning this land: ^ No. ayes (please furnish convl. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult yor attorney.) , A 'nature of Appellant or Authorized Agent 1t-v- gent must submit written Authorization from Owner) Sworn to before me this) day„pf ~ 20~_. Notary Public` LMDA P. RMdD0~r11 NOTAl1Y PUBIC, /lhMdlMorMlt 1V0. WIIA6U~ ro CornNrbin EmMN.M1-r16 TOWN OF SOUTHOLD BUILDING DEPARTMENT • TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.Noi-thFork.net PERMIT NO. BUILD PERMIT APPLICATION CHECKLIS o you have or need the following, before applyin€ Board of Health 4 sets of Building Plans Planning Board approval- Check Examined 20 Approved 20 Disapproved a/c 9'tzrp Expiration 20 r ~ ~ 1^' _ _ Septic Form N.Y.S.D.E.C. Tmstees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: ~~~ ~ S ;2 7~- I ~ `/ 3 C~~,~ , ~3 y.. y'~j~.. ~ 8+3 ~ (~ ~-~ Inspector ~ ~ , y APPLICATION FOR BUILDING PERMIT ~Ju~ r4 ~ :~~ ~, ~ - .,j ~ Date I~PiY/i ~ , 20 bt~ ~ 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. a 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 throughout 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. £ Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ n,~. ZiLAAP.C ~ /~ldt{~v G U (Signature of apphca name, if corporation) .~5~{y5 ~r~te ~8 ~oaf~wld, ~YY~I~~, (Mailmg address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder D wh,~ Name of owner of premises e~0 ~{/le ~ y(Lf tI0 ~Wi C~D (_ G(~ ~~ __ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No._ Plumbers License No. _ Electricians License No. Other Trade's License N of land House Number Street work will be done: Hamlet lU~l, lly 7 / County Tax Map No. 1000 Section ~ ~ . Block ~ rhi.ttxtwa`~~iuai,tt~ /~ Subdivision a xss~ qM Filed Map No. O8~?nr .r7roLro't 9(#tUnJ .4 a Ht Iii' -._. .,_.tA: xin+, eat~c3 ni;:~e~zimrtro9 State existing use and occupancy of pr a. Existing use and occupancy ~ and intended use and ,.~4s-tit ~G. i r ></; ~ ha l apt cL~ii y b. Intended use and occupancy /~„ ri a o of proposed construction: ~-!~¢ltie~, w;t~~ sa/alk~t. cari~ qet e~f- ~l ihta 3. Nature of work (check which applicable): New Building Addition Repair Removal Demolition Other Work_ 4. Estimated Cost `f~ ~~~'~ b~ fi Fee (Description) (To be paid on filing this application) If dwelling, number of dwelling units - Number of dwelling units on each floor If garage, number of cars - 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. `- P ~ Dimensions of existing structures, if any: Front 'u3 Rear 3 ~~ 0 Depth ~ ~~ ~ Height Numb of Stories 1 1 iLd ~t/L C6~~- ~~ISFi n 9 ~2Yi C~' ~ ~rs ~ ~ ~e_f fU%dQ !V/~~1 ~ , Dimensi ns of same structure with alterations or additions: Front Rear Depth Height Number of Stories Ex~}~h r .~ dr~vu fa lhd~de 5 8- ~~ a u~. +vifti ra;ls ~.~ Asa Dimensions of entire n~w construction: Front Rear Depth Height Number of Stories ~~ Rear ~ 6 / Depth ~3~ I ~~ llb' 9. Size of lot: Front /~'r n 10. Date of Purchase ~C~ ' ~'7 7 Name of Formennr Owner pI'~~L.~~1'1 11. Zone or use district in which premises aze situated K~dI u.l 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO 7 13. Will lot be re-graded? YES_--~~^^rrNO_nn Will//excespps~~aafill be rem~o/ved f~'r~9opm~Ap~r~emises? YES NO_ vV+9 d011At~-J6r)Nt12`-1blA~Add ~Yl< <u~t (IC/7~ 14. Names of Owner of premises ress ~s ~ t. ~ $ Phone No. 6~iI'765-~ .30 Z Name of Architect Address Phone No Name of Contractor /ut tni Address 1 65 C7u(I Phone No. x{77 ~~~ Z o~ reea t(9yy 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO r~ * 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 NO -~ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) CJ SS: COUNTY OF J_ u ~ / ~"~ ~ P G p U y Qi(~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual stgning contract) above named, (S)He is the W 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. re me this day of 20 V ~ ~ ~ ,~ No 11~~~ dNwrMak Signature of Applicant No. O1M811iE60 CIUSIMW h Sulfdk Cgnly co~,a.wn ~r...twv zoLa _ Alteration /~ APPLICANT'S PROJECT DESCRIPTION -~ [J -r- (For ZBA Reference) Applicant: ~a ~ /N il(t d p ~ ~d (.(~ Q,l (L Date Prepared: ~ z~ a I. For Demolition of Existing Buildin Areasl ( ~ \ l Please describe areas being removed: ~Q,t~.(~ I G4tC1 D-'1 Lk 5"FQ1-" (' (~.de ~~ W I (~R-J ~p Stf ~ 7b h'~yrenl°yPd to ~Ilnul ono ~ e~ roM horwau o Maur x 17t/~rt~`.y~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, measured from natural existing grade to first floor: provide height (above ground) III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: EIS (I n(~. ~ ~l Der ' N 1 ber tFlo ~r anyl General C)raracterist' s BFPO lte ations: (1 V !~lE.. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and l~ow~rretlates the fliffisulty~ meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 IV. Calculations of building areas and lot coverage (from Existing square footage of buildings on your property: Proposed increase of building covers e: Square footage of your lot: ~i~~~- Percentage of coverage of your lot by building area: NOTICE COVENANT TO THE DEED ~FMM#9#:kM~k ~M+kN#~k ~h ~k•kN~+~kW*+~k+4+k ~M ~k#**M*~k=k~k#b~MY~k4i+~k**:k4*#~k*+kiit~Y ~N###~M*A M+k ~k#k~k*~:kk#**:k##*Wk&# DECLARATION THIS DECLARATION, dated 9TH day of AUGUST , 200? , is made by JOHN AND JOANNE GOUVETA (hereinafter the "Declarant"), whose address is 55404 COUNTY ROAD 48, SOUTHOLD, NEW YORK 11971 WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of SouTxoul,D County of SUFFOLK ,State of New York, Tax Map # District ,Section 44 ,Block 1 , Lot(s) 11 which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as [h6 "Property"); and WHEREAS, the Property is situated in or adjacent to regulated tidal wetlands which have been inventoried and mapped by the New York State Department of Enviromnental Conservation. (hereinafter "Department"), pLUSUant to Enviromnental Conservation Law (hereinafter "EC:L") Article 25 (also known as the "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations (hereinafter "6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the Department pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW, THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility of a party having any right, title, or interest in the Property, to obtain. from the Depaztment or any successor organization, a current description of all activities which aze regulated pursuant to ECL Article 25 and Part 661 of 6 NYCRR, and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to cleazing of vegetation; application of chemicals; excavation; grading and filling; dredging; erection of structures; construction or reconstruction of shoreline erosion structures; and construction and reconstruction of docks and bulkheads. STATE OF NEW YORK ss. COUNTY OF SUFFOLK ) /~ On the 13'PH day of AUGUST in the ear 200L, before me, the undersigned, a Notary Public in and for said state, personally appeared o D , personally lalown to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity d that by his signature on the instrument, the person or entity upon behalf of which the person red, executed the instrument. G `~ SUSAN K NOTARY PUBLIC NOTARY PUBLIC, St~ o New yob No. 011'05078120 Qualified in Suffolk Counryryry Commission Expires May / j` ~,. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York., bounded and described as follows: BEGINNING at a monument on the northerly lme of the North Road about ]440 feet westerly long said northerly of the westerly line of Albertson's Lane, said point of beginning being the southwesterly corner of land of Cummings and Thompson and the southeasterly comer of the premises herein described; RUNNING THENCE from said point of beginning, along the northerly side of North Road (Middle Koad C.R. 48), South 76 degrees 03 minutes 20 seconds West 50.00 feet; THENCE along land formerly of Cavaluzzi formeery of Arnott, North 14 degrees 11 minutes 40 seconds West 134.12 feet, to the ordinary high water mark of Long Island Sottnd; THENCE south 78 degrees 31 minutes 00 seconds along said high water mark, 56.0] feet, more or less to said land of Cummings and Thompson; THENCE along said land of Cummings and Thompson, Sou[h ] 3 degrees 56 minutes 40 seconds East, 1 10.07 feet to the northerly side of North Road (Middle Road, C.R. 48) to the point or place of BEGINNING. • Town Of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 03106/08 Receipt: 13021 Transaction(s): Reference Subtotal 1 1 Application Fees 6144 $150.00 Check#: 5593 Total Paid: $150.00 Name: Gouveia, John A 55405 County Road 48 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6144 ~ r L{ • QUESTIONNAHtE FOR FII.ING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ^ Yes ~QNo B. Are there any proposals to change or alter land contours? 1~No ^ Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? ~ e 5 2) Are these areas shown on the map submitted with this application? ~e 5 3) Is the property bulkheaded between the wetlands area and the upland bui ding area? 4) If your property contains wetlands or pond areas, have,,yyou contacted the office of the Town Trustees for its determination of j~]ri diction Yf/.~ lease confirm status of your inquiry or application with the Trustees: ~/~~YLI.>i6tr7 k. /VP N6l.N.AMI.G~,(/ t0 GIB 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 rve feet above mean sea level? /11 E. Are there any patios, concrete barriers, bulkheads or fen es that exist and are not shown on the survey map that you are submitting? ~~ (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? ,10 If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: ,,/ G. Do you or any co-owner also own other land close to this parcels ~A ~ If yes, please label the proximity of your lands on your map with this application. ~ / H. P~leas~resent us or operations conducted at this parcel ~~n ~P ' Ni~l'U ~6~ ~IOiN.F ~ d proposed use SQ ~31R (examplesv:" existing: single-family; proposed: same with garage or pool, or other description.) uthorized Signature and Date 2/05: t/o7 ANSACTIONAL DISCLOSURE FO~ APPLIC TO OWNER, CONTRACT VENDEE 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. CaDu/E/A, dA ANNE . ~•~ ~ ~ du rv n, (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 ~`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, marriaee or business interest "Business interest" means a business includin a partnershto m which the Town nffirr• „r o.,,..~~..._ ~_ _- hares. YES If you answered "YES'; complete the balance afthis form and dale and sign where indicated Name of person employed by the Town of Southold Title or position of that person: - Describe [hat 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 aPPIY)~ 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 anon-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the achial applicant. DESCRIPTION OF RELATIONSHIP Submitted this day Print Office Location: • ~~o~~gUFFOI,~C~ o ~~ w x W • °1 # ~~~~ Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 h[tp://sou[ho I d[ow n. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD • USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 April 16, 2008 Mr. and Mrs. John Gouveia 55405 Route 48 Southold, NY 11971 Re: ZBA #6144 -John and Joanne Gouveia Variance application Dear Mr. and Mrs. Gouveia: Transmitted for your records is a copy of the Board's April 10, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ,~'aOF SOplyo~ ~~~~ ~ • ~O ~~y00UNT1 N Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 7, 2008 RE: Zoning Appeal No. 6144 Transmitted herewith is Zoning Appeals No. 6144 of JoAnne & John Gouveia- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Project Description, Questionnaire, Transactional Disclosure Form, Notice of Disapproval, Board of Appeals Determination from 1/15/O5, Notice Covenant to the Deed, Application for Building Permit, Survey of Property from Peconic Surveyors, P.C., Two Drawing of Proposed Changes, Four Photos-Two proposed Changes & Two existing, Drawing of Overview. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/ 5 /08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6144 GOUVEIA, JoAnne and John 5593 $150.00 RECEIVED fdAA ~ 2008 150.00 By _ Thank you. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 27, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 27. 2008: 11:15 A.M. JOANNE and JOHN GOUVEIA #6144. Request for Variances under Section 280-124, based on the Building Inspector's Notice of Disapproval concerning proposed addition and alterations to the existing single-family dwelling, which new construction will result in a setback at less than the code-required 35 feet from the front yard lot line and increase in lot coverage exceeding the code limitation of 20%, at 55405 County Road 48 (a/k/a North Road), Southold; CTM 44-1-11. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, andlor desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (831) 765-1809, or by email: Linda.Kowalski(~Town.Southold.nv.us . Dated: March 7, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week fort week(s), successively, commencing on the 20M day of March. 2008: / / / , Principal Clerk Sworn to before me this ~~ ~ day of~~ 2008 setback o«w t rmmce atev I aced : blrJQiyY prgsosW at Ina Ibee five (5) Less than 50 feet (ram meGOnty dWe =(eetfromshe ~roperry live and witheloF __.- at 90 Stetting Raed, Qilchogue; CTM- coverage which exceeds me code limits- , r n/ I LEGAL NOTICE 100-0-4.1. 1 .(~ ~ tiov of 20% (esiswg 2t.43% lot rover- I A I /1 $OUTIIOLD TOWN ZONING 11:15 AM. IO NNP and IOHN ~ V V ~ age). Location of Property: 145 King rJ IP (l PNJ I BOARD OF APPEALS CAS nrvrA X61Y4. Request for Vmi- StreeLOrienq CCM 1000-126-1-23. I r~ ]TNRSDAY,MARCH 2), EOOg avces order Section 280-12A, based on 12:30 P.M. CPYRO AVDOIILOS ISTINA VOklN5K1 PUBLIC HEARINGS [he Building Inepectot§ Notice of Dis- X6145. (1)110s b av Appeal of the Feb- CHR d W YORK TATE OP NE i k O d W NOTICE I$ HEREBY GIVEN, par approval wncerning proposed addition er ssue or r rvary 29, 2008 Stop I PUELIC-S uanlm Sermon 26]of [herown Lawavtl antl eltemtions td the exufivg single- ander$mtion 14413 of the Town Coda OI•V0610E0E0 ' No m [ chapmrzRO(zomn6).~do of tnerown hear- bli ll i [amdy awemng, winch new nonswedon it in a setback at less man the ill . «n. rvr- wh;m order state: mat re« lion w«k M1es gone beyond tM1e snipe of IQ111(w 1D SYHOIk COROP/ ng pu c ow or Sou[held, the fo ings will be held by the SOUTAOLD w rem cwle-mquved 35 fee4 Wm the (font permit, and (2) an Appeel.requufivg a tM Naypry RE, 201E d MBIMN'kx01 A b TOWN ZONING BOARD OF AP- yard lot line evdinmeme in lot coverage f 20% i , ase Varance under Section ]80.116 ov the Building Wpector's mvevdcd PEALS al the Town Hall, 530Y5 Main O Box 11]9, Southold, New Road P , av b xcecding the code wnilat at 55005 County Roed. 48 (e/IJa North March 6; 2(108 Noti« of Disapproval , . York 119]14NSY, on THURCDAY .Revd), Sodm0ld; CTM 041-11. andapplicaoCS requntmamevd Build- MAx('H2] 2!108' 11:30 A:M. DAVID FISHER X612fi. ing.Perinil N336T! for dwelling re«v- 9:30 A M. CHRISTOPHER and Request for Variances u der Sermon avucFion (additiotu end alterations) end F[ IZARFTH ORASECK M6135. Rene- baud ov the Building Impec- 280124 'replacement of e0atetly foundation. The oast for Variances under Sections 2gOll6and280-124. based on the BUild~ , for ~ Notice of Disapproval wncerNng propoutl eddiuonsto the existing sivBle- Building Inryedor sorted Out the de- molidov and recoosvucfion at this nom ing Inspector's February 5, 2008 emend family tlwellivg, which new comtrvchon conforming 28,149 sgaare foot parcel in ed Notice of Disapproval concerning a will be less then ]5 feet Gom toe mar th 5 f G the R-0U District is not permitted antler for the reason met Section 2R0-116A(1) single-family dwelling (after demo- IifiOn of the existing dwelling) for the um e eel vard Inc line, less than 3 (root yard lot line,and wim lot coverage , ell buildings or atrucmres looted o0 s that the new consbunion will ' in excess of the code maximum limits- d lots adjacent m sounds and upon which ts a bluff or baN: landward o[ th i (a) less than 25 feet on a single sitle be antl (b) loss than 25 feet for total yard , lion of 20%, e[ 2165 Old Orchard Rue Eest Marion; CFkd J]-3-0.1. ere ex s me shore or beach shall M1e set back not , side yard sutbaeks, and (o) less Ihan the I1:SOA,M. PO ITV d KF V- fewer than 1 W feat Gom the top o[ the cWeaequhed 1M feet hum the bank j(J FER$QXfi129. Location of Property: bluff or bank (adjacent to the Long Is- ar bluff landward of the shore or heach lip Jackson Svce6 New $uROlk; (rf1N land Sound).The buJdivg Inspector also of the Long Island Sound. Location of 1 ^-00-2. The Applicants propose rend- states a vanance was issued under ZBA Property: t91U Leemn Drive. Sonmoltl: wtiotu'lalterations, adtlilion4 antl ex- X6060 for alterations and adtlitiuns to a CfM 58-2-12. pansion o(the existing accessory cottage single-familydwelling.foliowing lhis,and 9:40 A M. 1~CC {tFCpl IRCER by building antl in 4his Appeal requesting mat applicant intends to reconsvva the lames Z'rzzi. Pres,dem N613]. Request for a Variance under Section 280-15. the following. pReversal of the BUildinglnspeccur's dwelling and replace me easterly foun- lotion well L«ation of Property: 54985 based on Ne Building lnspemors FCb November 8, 21q]NOtice of Disapproval C.R. 48 (alkla Norm Raad), GreenporL nary 11. 2lIUR Notice o[ Dlsepprovnl r - wh'mh states the[ [be accessory cotmge (t t tl CTM 100044-1-50. The Board of Appeal 'll h r all b h ~ - y . - «n nmR `" ming pool situat U .'d y' d m s ca is non f g xcond d Iti g -t 'ring Stt!inn prase persons or lhmr m r t desv- - than the u de requiletl trot ymd, at O l2l M1 - .tit ' e h g anNOr mg to be heard at each h 31SY1 Huvwaters Road. Cvmhogue, CfM rfb'IU' a c des ring m submit written smmmen6 111-11-03- hat A. x y d (o rely 'p before the ronelus:on of each hearing. HFRY RA- 9:55 A M be m h b f EacM1 hearin6 will nor start earlier than . . ' ~I ISA X613R. Request [or Variances un- I tl I~ dS~S~Sd designated above Hln am availvblc for der Sections 280.15 and 280116. beard d 1 J d'f(erev r- od ~ reviewduring rcgulerbusiness hnunaod m me BUlltling inspector x Februazv l 1. d f h I I ^ ^ prior to the day of the hearing. I[ you 211G4 NOticm[Disapproval wncemiuge by h h Hrtve date cfms have questions, please UOn [hesitate to conuct o r office at (631) X65-IR09, u op ccessory awimining pool and oseJ o p h ~ I=ki Towa > K W il e iced terrace nmmures al loss Chao 1 W ~ by anv means n ~a. O B b ema : or y feet from [he top o[ the bluff, and side what•uw•• and Notice of Diwnnsovnl Soumnld.nv.us. yeN location for the swimming pool - tW-J h' h '. n Dared March 14, 211. rather lhanacode-requvedyard,el lfi00 .. "1n A.f RRI1 Di5tdcLC no M1wld,ne ZONING BOARD DFAPPEgL$ Hyatt ROaQ SoutholO: CTM 50-1-6. - IIb d ^d nob'Id- GEftARDPGOEHRINGER, l0:]U A.M. FRANK and ANTOI- sr Dart nfabailaine shal~lb 5re~rt~ naed d t i t CFIAIRMAN By Linda Kowalski NFTTENOTARO pfilJ6. Reyuesl fora Variance antler Section 280-15,M1ased on . m e emd which s a^a^va I ^n •"-•nmM~..n '.. waol nr '^ 543]$Mein RVad{Office i«atiov) the BuBtling Inspector's lanuary22,20U8 p~he fo lnwmor 53095 Maio Road (MaHingNSPS) Notice of Disapproval concerning the p P ~.nd ~• = Ong-Gorily demched II . PO. BOx I]]9 NY 119]1-0959 Soumold proposed 1«alion of a swimming pool Vg.:_v ve•„,e donBgS~e dw d'ell , at the side of deck wim ho[ tub addition •n h lot,. $Z54-1T320 _.-- _ .. ,f( antl partly In the ude-permitted re 2) Interpretation to deal with this - yard. Location of Property: 625 Calves preexisting residential use in resider- ~ Neck ROa0.5oumolC, C[M fi3-]-30.1. RICHARn and PA- s n M tielzone, epPlyin6 ~^n•c..r:oveRn-122 mm~~=~- u•'sM1 C^^' N I e q . r d FRFRKING N6141. Thti Is o [ormine • h s~ u~. ~e4> A ~n[M1a request for a Spetisl Exception under . m<• I =M1e ~ M1a deemed top v rat Southold Town Zoning Code Article hh d m e ' III, Section 280138(14), sub-sections tld e lama mart o[a on« form ^e b a-d. The AppliwntlOwner proposes a nlnrm noyc~vided ual, transient roomer L operty: 235 Lilac Lane. Cut ilJ nn the Map of Nassau Variances under Sediovs 2PU-1168 and 1 ' S f M1~Ig4! a^a vard 280-024, based on the Buildng Inspec- g,' m f~ ay>Cr~edule (?1 C roc's November 19, 2W) Notice o[ Dis~ ave ~^~t b ` 1d ar m- pant approvel ron erring proposed partial f •m•demepgd onrtion of anv build- f ^ an existing dweaivg, and demolition o orth d m d 4 roved as set proposing new construction for alters- "• S b••=' 8(11 abov =helms, 1 be !lied bons and additionsrome dwelling al less 'h'^ roRh da~sechtlam- ' ^^ h •• than the rode-required minimum of 15 ed by oleos be nan • S feet on a single side yaza and less then [much our. ]5 feet [ram [he bulkheatl or relawing Linn hal~mnk wit~taS_R.g10rS~m vs ~ wall, adlamnt to the shoreline of Little - f h b - If a ~ ~ a Creek. Location of Properly: 2935 Pin it =M1all lao er Nereah•_r antes ~ Tree ROatl. CUtchague; CTM 1043-8. ^ aactlance witM1 Me =t ction x I1W A.M. KARFN MAg]AF- beev i^V6ated: OpvrnvM Olane M1^ ERRQ ([ormady Karen Miller) Nfi134. 3) AI ['vpl lv Request for a Variance under Section _ H 'di N bar R 280-14, based on the Building Imp«- N f Dom- eel a•r <- Ini sDecember 12 200] Notice of Dis- approval mvmrning a proposed lot (N1) d ~ d f a ns th=t a v - proposetl with a lot width et Ins man mtuee _ novmnfotminv andand the code-required 150 feet in Ihis Pend. .^^d d I~1 po•~ end ' Ing three-lot Minor Subdivision, located = .h m a Fe en mea a L•red • at 1450 Horton Lane, Soumold: CTM t •^d d h1-1-12'. Zone District R~Ml LOw~Demi- pl ed+ dff rent oorfon or[he lot.. ty Residential h I 11:V5 A.M. THOMAS and PAD' rya whet - TTF~~IFCF pfi143. Request for a -. ___.- dd '^e ant Vrvria antler Section 2811-122, based c 12:15 P.M. DDNAI D end JAMS Building Inspecros i January 18, on the B4SE X61J0. Request for Variances un- ' 2008 Notice of Disapproval and ZBA ~ der Sections 280-15H and 2R0.124,based ' Code Interpretation X503Y (Walz) wn- ', on me Building Inspector's January ], ming proposed additions and elmre- 2W8 amended Notice of Dwpprovel [ions to av existing single-!amity dwell- ming the I«atlon of a new twa- ing maintaining the existing fiont yam story aceessory building as a height u- ~ ' x[back, fm there n that the v e «etling l8 feet to tbmop ofineridge,af- of covstuction wgl inmeax the degre ter removal ofe buJtling.and which n<w '~ A + • • a, ~' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name pplicants) CTM Parcel # 1000- - _ _ ------------------------~~ -- - /-- ---~~ ---X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILRVGS I, D ~ ~h}U~Zt,l~si~ding at 7 ~'7-G ~ KT ~ ~ <~1~~1~~7~ New York, being duly sworn, depose and say that: On the d~da of ~~ 8 I personally mailed at the United States Post Office in New York, by CERTIFIED MAIL, RETURN RECEl1'T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from t,h~e ff~inci,al records on file with the (~ Assessors, or ( )County Real Property Offices ,for every property which abuts and is across a public or priv~rce street, or vehicular right-of--way of record, surrounding the applicant's property. ~ ~~~--~~ (Signature) ~~~~~b~® APR 1 0 2008 Sworn to before me this Io~lay of Maven, , 200`i; L~NGN ~. F+a.NUOLPM NOTARY PUBLIC. Ski d Olwr Yak (Notary Public) Na otRAStNtBo c ~~ .k~Ld PLEASE list, on the back of this Afffdavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. BOARD OF AP 2s s~ ~ z ~, ~ rm ~~ ~ , N'~ ~~~~ 0 I~o~ N ~ i -+~ ~~ I-, Lc~,~,t ~.~.G~-~ ~ ~ ~ ~ ~ 3 3 0 S ~-f~u, ~~ ~ilo~~ p0i11-t8Apt0 .411 ~1140'.~ /OIhIC nl bMNYiO _. OS Y~ enMp3 Ndt~+a0 ~u - I 0 j ~(_ ~u :a { ~ i i ., ~ ,, ..- -. ~ / py r` _ __ ~ Postage 9 X0.41 0^y71~_ v'~; Certified Fee ~v • ~5 / M~~ y~^ p Retum Receipt Fee o q ~ vv~ ~H~fg®* ~t~~ p (Endorsement Requred) $"1• p G~U`. v' Restricted Delivery Fee ~ QQ ` ~ w , p (Endoreemam Required) NN ` i N Toml Postage 8 Feas •p $~' Gl Q`(~ / O M1 ant o 1 s - ------------------- - p Steer. avr. NO.:.22 _ 7 `.~ ~ Z M l~ :~~• M1 or P06ox NO. CIN Siete, ZIPt4 ~Q ~ ~C,'-G`P'I ~f Q,( i 'V ~ ~ "d -J ~ I ~i :rr rr •• , ~ m '' r -. ~ R°Tpfi~A~rt i6 ~ ;$~°~ n ~ Postage ffi E4.41 Q9~j 1 _1 N~`. N ~ Certifietl Fee $~,(~ tj~ ~ fT1 PoeMark ~; p Return Receipt Fae 'fi-I!~ Here !n1((ll O (Entlorsemeni Regwred) ~G•1~ ~~UO O Restricted Delivery Fee ~Q.CQ p (Endorsement Regwratl) N Total Postage 8 Fees $ ~~•?i Q~ t1"r'~^• _ S./ O t` O O M1 1 f1J M1 O . r` ~IR1` bA1~~fiUf+LEF~i~r,, ~ ~ ~ rv ti ~ N Postage S ~Q•4l i/971 r~ fTl Certifietl Fee ~~•(S ~l7 ~~~ ~4 r, p p Retum Receipt Fee (Entloreement Requiretl) ~.~S,IS ~.A~'V Postmark ~`cF? l Flea :; I'~~ p p ~ Resiridetl Delivery Fae (Entlorsemeni Requiretl) $i~.QQ / M1O .` ~ Total POStageB Fees $ ~J.GI '~}3f1Q.,/~~~ ~__~ sanr ro p M1 Steet Apt No.: /7 [~ -_ -. ~ ......... .... or PO Box NO. ~qC' / NC. ~ l~~~l St. ..................... C%iY. Sfare, ZIP+4 -_ .............. ..... ................ __- l~u,~,«{F-tGlG-f1' t-L .......__ -. t ~:33~ 5~--- :rr •,. ;- x ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of r _~~rUh~P,(,cl, (Nam -Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - COUN'T'Y OF SUFFOLK) STATE OF NEW YORK) ~~ AFFIDAVIT OF SIGN POSTING h ~t, "`n`'d`-` ~G~~'{ ~ residing at ~~ ~ U ~ ~~T ~t~ ~j)Z{,~i~ ~q New Yorkl, ,bel in-gpduly\ sworn, depose and say that: On the I fq day of ~~t~Lt-~- °~DU g I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street of right-of--way (driveway entrance) - facingthe street or facing each street orright-of--way entrance;* and that I hereby confirm that the Poster has remained in place fgr~s~even days prior to ~,N~t date of the subject hearing date, which hearing date was shown to be ~l~,P~, ~-7 ~'0~ j( -- ~-~ ~~ ~~ ~A (l (Signature) I~L~C~C~~MCD APR 1 0 2008 LrOA P. RMlpp~tll *near ~en ~~~~rance of my property, as the area most visible to passersby. ~F~ ~ BOARD OF APPEALS Swom to before me this ! ~ day of /~(Q ~ , 200 Q -- x nz soo w .~ ~~~ i ~+-f~ I -to I-!Z 3 -( D P ~ 5 ~ ~~ /~~-oo I - y _ SC • r ~ ~ ,,X=~~ O ,,,. - • ~ . ~ ~ - - o.~o,.~.a«... -~- io, eKK~eiag..o, ~. ~ai. 1211 ^ i., .., ~. _ i. -.~- ., ~ - a.doi.~ _ - _-_ of Office Location: ~~gUFFO(,~c 0~0 OGy~ N Z oy • ~~ ~ol ~ Sao Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http: //southoldtow n. north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 10, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6144 Gouveia Action Requested: Lot Coverage and Front Yard Setback Variances Within 500 feet of: ( )State of County Road (X )Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GOUVEIA, J. & J. #6744 MAP #: APPEAL: REQUEST: DATE: 441-11 Lot Coverage and Setback Var. Front Porch Addition THURSDAY, Mar. 27, 11:15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ~ ~ ~ Tawn ~rf~ 'uthafd! 2BA O App. Name O Tax Map > O File No. ~ II sE4RA ^ Unliste ~~ Metrther James Dinizio Search: ^ Other Nearing Time: ' -~-JI2:35 PM File Number: 6144 Tax Map: 44.-1-i1 App. Name: GOUVEIA, Joanne and John Received Date: 313!2008 Tot. Fees:.. $150.00' Hamlet Southold Type; Residential Zone ' R-40 Date Forwarded to Town Clerk Status: New Acdan: ~ Meeting Dates Building Dept. Location 55405 County Road 48 Meeting Date ~ ND Date 1 /12/2008 Short Add/Alts to existing sfd 280-124 -front yard Hearing pate 1' /27/2008 ND Date 2 /10/2008 Desc.: setback after removal of front steps; lot coverage Hearing Rate 2I~W ND Date 3~ copy ~', also. - Hearing Date 3 ' ND Date 4 Am ND expected per Connie Bdept 3/7/08 t/b Hearing Date 4' ND Date 5 Notes written soon. Hearing bate 5 ND Date 6 Action Qate: ND Date 3 3(7/2048'.3:19 PM G~"5 NUM;'. DeMelopetl 4Y the S~thold Town Data Process~g Department ' ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto://southtown.northfork.net March 6, 2008 Re: Town Code Chapter 55 -Public Notices for Thursday, March 27, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 10tH Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If anv letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner. to the best of vour ability, and to confirm how arrangements were made in either a written statement. or during the hearin ra, P~ oviding the returned letter to us as soon as possible: AND not later than March 12t . Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our ofFce with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 17tH' please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to March 27, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 L97 ] ~ ?~ ~~~ ,~~,~ ~\ ~~o~OgOFFO[,~C OG o y~ en = W • oy~C1 # ~ao~ http: //sou tholdtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Mailing Address: 53095 Main Road P.O. BOX 1179 Southold, NY 11971-0959 TO: Faz # Dafe: ~/ z~/O ~ TOTAL ~ OF PAGES INCLUDING COVER: L\ " / SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordirt~) REFERENCE:: (~i ~ ~T' c~ 00 ^ URGEN'C ^ fOR YOUR UPDATE ^ PLEASE COMMENT ^ AS RP.QU ES'1'I~.D ^ NOTES/COMMENTS: Please find attached copy/copies of the following: .. _ ~-~ Thank you. o~o~) Sender's Initials: _~~ _ ~ ~• APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lvdia A. Tortora Vincent Orlando lames Dinizio. Ir. ~ ~SUFFOIA'co~ ~+ s ~ . ~~~i ,r~ ~a°~ BOARD OF APPEALS TOWN OF SOUTHOLD http: Asouthold[own. non h fork. net 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. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631)765-9064 ,~~ Southold ownCl RECEIVED ~~~' ,~, iS P~ 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 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 100-2448, 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, 20 •~ ZB #5615 -John and JoAnne GoiTveia 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 properties. The applicants wish to enclose an 8'10" by 17'7" deck attached to their home for additional living space. Also 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 37.6'. 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 carded, 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, 200 •. • ZB #5615 -John and JoAnne Gouveia CTM Id: 44-1-11 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 suchl uses, setbacks and other features as are expressly addressed in this action. / Vote of the Board: Ayes: Members Orlando ~ting~hatjq/rt~r~fGopfi~ngepand(Di ~zio. (Absent were Chairwoman Oliva and Member Tortora. hi t' a ul ado ted 3-0 . Approved for Filing