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I I - GOIIVEIA J&J (C. MESIANO)5615 LT q ADDNS/ALTS--SY& BLKHD SBS & LOT CVRG 55405 CR 48 SHLD 44-1-11 R40 I f PO JLk er cx�- . cu o t 6o ztD Cooev-Z4 i �k� APPEALS BOARD MEMBER' �OF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� ��� Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �UNTI,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVEfD,�- TOWN OF SOUTHOLD PJ Tel. (631)765-1809•Fax(631)765-9064 VVAM 2 $ FINDINGS, DELIBERATIONS AND DETERMINATION® .® Q 1��®uvn 0� MEETING OF APRIL 10, 200% ZB # 6144 - 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 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 a—April 10, 2008 ZB�,'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#t 6144—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 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 GoehrinTean), Simon and Weisman. Member Dinizio and Member Oliva were absent. Thi ul ad pted Gerard P. Goehringer, Chai an 4//J'/2008 /,-Approved for Filing �60hifdj N-y qc)uveicf men ric IS `fit i FINAL MAP REVIEWED BY SBA SEE DECISION. # 5 DINED o /_,l Zoo i � 1 i ; 41- FINAL MAP REVIEWED BY ZBA SEAE DATED; /y�F APPROVED flI " ONCE BOARD OF TRIG " TOXIN OF SOU T HOLD 19OUIVD DATE 0/019 a c S S H. M. aN z 601, O - 1, bi O N I .. O gLKD W /1 .Z WOOD / U1 J D TOP SL EL.10•4' _ 14 J EL.15.2' ° _ _ '� Rl m O y, 20, Z O c op n D �`> Zoe' add �� ' Zi._ a m—i aver N ^^ >m .NUJ r.2 hse y �l O' N m F.F.EL•I6.2 F — �- CERTIFIED To, lV JOHN GOUVE/A JOANNE GOUVEIA CONTINENTAL CAPITAL CORP. FIDELITY NATIONAL TITLE INSURANCE w IM COMPANY OF NEW YORK a 2011680 1 a 2 D G-3 n E1-13.5 m� mom^ i 19 g0.00r FIII�I4L MAP ���� S. � ,��E ,0i 48) 1 R D BY SBA: . j55 RpAD -SEE DEWSION # DATED o / to l 0 zo°_P�,,, m ._, z cn SURVEY FOR AREA 6137 sq.ft to tie JOHN GOUVEIA & JOANNE GOUVEIA line AT ARSHAMOMAQUE TOWN OF SOUTHOLD LOT COVERAGE SUFFOLK COUNTY N. Y. Hre., De�k�;SHad /924- bric,E sq.f! 1000- 44 - 01- 11 ASRha./s` tva./L.f,.6r�p�i0 pct/•C �/ s/av B s 3y.ft Scale: 1 20 ¢7 v s9.,� Oct. 4, 1994 277 2/&r 3 7- 45.2% MARCH 15, 2004 AUGUST 27, 2004 Aff�r ro,251/UG / n O 2000 Dec/G f /0/37 9'S , n v� WEER TERT49 APPROVED AS. , CO;.D1T101�S OF / AND �/pC�l G1S43 ELEVATIONS AND CONTOURS ARE REFERENCED TO esRt„c�T O I. 42 A� G.V.D. }}'' OATE_ I!7°� J �Op NEW),, �•METZc�i ANY ALTERATION OR ADD17*10N TO THIS SURVEY/S A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2.ALL CERTIFICATIONS N.Y.S. LIC. N0, 49618 I� ND EON ARE VALID FOR TWS MAP A COPIES THEREOF tN'LY/F SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE.SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 0 SU ORS, P.C. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' � 4g�T��-, MUST BE USED BY ANY AND ALL SURVEYORS UTILIZWG A COPY OF ANOTHER SURVEYORS MAP. TERMS SUCH AS-INSPECTED'AND MA BROUGHT-TO-DATE'ARE NOT IV COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. 1197/ 94 - 304 r i a a i - i I FINAL MAP I REVIEWED BY ZI3A' " . I I SEE DECISION # _ DATED j FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 12,2008 AMENDED: March 13,2008 TO: Jo Anne&John Gouveia 55405 County Road 48 � Southold,NY 11971 � Please take notice that your application dated February 4, 2008 V� For permit to construct additions and alterations to an existing single 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 dwelling, on a non-conforming 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-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet and are allowed a maximum lot coverage of 20 percent. The proposed construction notes a front yard setback of 27 feet and a total lot coverage of 46.4 percent. This NotimoLDisavanwal was amended on March 13 2008 to address lot coverage. rA �' Authorized Si at 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. Y4A, C Y; j 'r COUNTY OF SUFFOLK , GECCpdCD APR 18 2007 I BOARD OF APPEALS STEVE LEVY _--- SUFFOLK COUNTY EXECUTIVE �1 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 6144 CJC 1 Corp. 6146 Nadherny,Thomas &Patricia 6151 Very truly yours, Thomas Isles,AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100. ■ (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER (631)853-4044 1^ APPLICA' w TO THE SOUTHOLD TOWN BOA',, OF APPEALS % For Office Use Only Fee:5��1 Filed By: Date Assigned/Assignment No. (e J7 o d Office Notes: S "n House No.fi�5*6s rt eet !C of e-_. 4 e Hamlet &,Qd P SCTM 1000 Section__#�#_Block I Lot(s)- /r Lot Size Zone ee S 4 A 1 d I(WE)APP {A THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 1 1 Z I VF T BASED ON MAP DATED Applicant(s)/Owner(s):_ jo A 11.Pit d{,Gf!, J-0 41 G 0 a MailingAddress: .65 40E leiufee #8. gotc&pad , N y q71 Telephone: j-76S" 3 b, Fax#: O l`7b S-M Email:_ j i qPR Ve(4 jA) 4j 5 h P Ld711 Nzpwd 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: for( ) Owner,or ( ) Other: Agent's Address: Telephone Fax#: Email: Please check box to specify who you wish correspondence to be mailed to,from the above names: gApplicant/Owner(s),or ❑Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPE T R REVIEWED MAP DATED �� and DENIED AN APPLICATION DATED i2 61 FOR: X-Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction t,,Other: Provision of the Zoning Ordinance Appealed:'(Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quot the code.) _. Article XX It I Section 280- /Z Subsection Type of Appeal. An Appeal is made for: SPA 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 any time with respect to this property,UNDER Appeal No.-G Year Z0 V 4. (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 preparer's si-nature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in, the CHA CTER of the neighborhood or a detriment t nearby properties if granted bec use: �� l a pid ,{� 'D M r n �� hfi r�oo Gfize4zlit' n s��� .,(2) ;he Me �sonfi t 'tlie ap l�can�`C"AN dT achiev d�6yl some method feasible for the applicant to pursue��.p�ther than-an area.variance,-because:. - W A mall (3)f The amount of relief requested is of substantial because: 1. 7 ,� t� C v, t � wf rw G,✓o � cQ ; a � . ark p (4) The variance will NOT have an adverse effect or impact on th�ee h�ysicaI or environmental c nditions in the neighborhood or district because: M, a.VCW "`��`�' m � (5) Has the alleged difficulty been self-created? ( )Yes,or allo. Are there Covenants and Restrictions concerning this land: ❑ No. Fes(please furnish copy). 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 yo r attorney.) , nature of Appellant or Authorized Agent �4- gent must submit written Authorization from Owner) Sworn to before me this 6 day of 20 0% P� Notary Public` UNJIA P.RANDOLF" NOTARY NJIM.SW Of NOY4* No.CIPA614M CwwMw Wn E1*n J*99 /D . _ TOWN OF SOUTHOLD BUILD ' .PERMIT APPLICATION CHECKLIS BUILDING DEPARTMENT you have or need the following,before applying TOWN HALL SOUTHOLD, NY 11971 Board of Health TEL: (631) 765-1802 4 sets of Building Plans FAX: (631) 765-9502 Planning Board approval' " SoutholdTown.NokthFork.net PERMIT NO. Survey Check Septic Form N.Y.S.D.E.C. Trustees Examined Flood Perm '20 itStorm-Water Assessment Form Contact: Approved 20 Mail to: Disapproved a/c .2/ zf - 9 � Expiration Phone:�y` 5, 7— f".11 I ' . .,�_,_1I^... ._._... Building Inspector 1 APPLICATION FOR BUILDING PERMIT i � L11 F8 - Date , 20 b T; t " 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 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. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit.for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department 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. (Signature of applica name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder p� Name of owner of premises 6 Al n e " (tM (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. L ocati of land which proposed work will be done: House Number . Street Hamlet County Tax Map No."1000 Section Block C �a .aect + , y,��w�► Subdivision "tad Filed Map No. ii?ar< " Y9Fttsn i� ;r s: • Pi3vu l 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy CC�S S S %!'s %6'l tb h0 .56it er 6v)'4 na lkn ItIpAeA wI"Hi w'r�Ikns_ c�r�f qet?, oaf b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Y'� O�'b fi Fee (To be paid on filing this application) 5. 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. 7. Dimensions of existing structures, if any: Front 43 Rear J�i D Depth • Height Numb r of Stories I G O h� Cblf kkc- Ejl --- g �uidR ovif rTa 7944 isfin� ��,c� �s Dimensi ns of same structure with alterations or additions: Front Rear Depth Height -Number of Stories E ►� OrGV iv�clkr x 1D uir. avi�'h reefs rel�n , 8. Dimensions of entire new construction: Front Rear Depth Height. Number of Stories .9. Size of lot: Front Rear 6 ` Depth /3 i a K4 /l b tqqq10. Date of Purchase Nl� Name of Former Owner Pd y1w 11.Zone or use district in which premises are situated 6 �! 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will.lot be re-graded? YES NO .- Will excess fill be removed from premises? YES NO ,-� -- r 6�.VP! Sacs 1,�9 l�``� fl q7/ T 14. Names of Owner of premises o�D �b�� NIL �{� Kl: �. Phone No. Name of Architect Address Phone No Name of Contractor fut r v;� Address [b5 tau(1 d •Phone No. 477 q Z 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. r b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BEREQUIRED. 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) r> SS: COUNTY OF 4yi 41� � � [,� Vej a, being duly sworn, deposes and says that(s)he is the applicant . (Name of individual sirgJn'ing contract) above named, (S)He,is the W � (Contractor, 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. Sworn t More me this day of • )' t 20 0 No MSUC. dNowlfoik Signature of Applicant �o.01RA6149M CualHW in Suffolk County COnvftloln Eom July 20Ld APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: `Ud ��fu f- cJ 0 1A �VKVQ IL Date Prepared: � Z� I. For Demolition of Existing Buildin .Areas. ( 0 1 Please describe areas being removed. �1 i J Ck 5�v r c(.�w w!& �fJ Ste 76 b.� , ai e d ©r wa- a 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,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: �; Number oUloor an General C aracterist' s BE .O lterations: i5'tt ` r CIL Numbpr of Floors and apges WITH It � �ations: . S o {-tokTwl I °' Lit tI -- IV. Calculations of building areas and lot coverage(from survey r): Existing square footage of buildings on your property: Proposed increase of building coverage: 'Le'i Square footage of your lot: Cv� /� �//( Percentage of coverage of your lot by building area: V. Pur se of New Const tion• � � G�C�� ✓ Ef :! 611 W' all r--e-h A/A lvultem VI. Please describe the land contours (flat,slope %,heavily wooded,marsh area, etc.) on your land and h w 'arate-s t - e. iffi ulty meeting the code requirement(s): e r� 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 NOTICE COVENANT TO THE DEED DECLARATION THIS DECLARATION, dated 9TH day of AUGUST , 2007 , is made by JOHN AND JOANNE GOUVEIA. (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 SOUTHOu�D County of SUFFOLK , State of New York, Tax Map #District Section 44 1 , Block 1 , Lot(s) 11 which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the."Prop erty"); 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 Environmental Conservation.(hereinafter "Department"),pursuant to Environmental. Conservation Law (hereinafter "ECL") 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 Department or any successor organization, a current description of all activities which are 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 clearing 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. By: OHN�(,GOUVEI u STATE OF NEW YORK ) OANNE GOUVEIA ss. COUNTY OF SUFFOLK ) /0 On the -9TH day of AUGUST in the ear 200 7 , before me, the undersigned, a Notary Public in and for said state, personally appeared .9WT D ,personally known 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 ekecuted the same in his capacityd that by his signature on the instrument, the person or entity upon behalf of which the person rted, executed the instrument. L� SUSAN K TOOKER NOTARY PUBLIC NOTARY PUBLIC,State of New York No.o11-05078120 Qualified in Suffolk Commi County ssion Expires May 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 line of the North Road about 1440 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 corner of the premises herein described; RUNNING THENCE from said point of beginning, along the northerly side of North Road (Middle Road C.R.48), South 76 degrees 03 minutes 20 seconds West 50.00 feet; THENCE along land formerly of Cavaluzzi formlery of Arnott,North 14 degrees 11 minutes 40 seconds West 134.12 feet, to the ordinary high water marl, of Long Island Sound; THENCE south 78 degrees 31 minutes 00 seconds along said high water mark, 56.01 feet, more or less to said land of Cummings and Thompson; THENCE along said land of Cummings and Thompson, South 13 degrees 56 minutes 40 seconds East, 110.07 feet to the northerly side of North Road (Middle Road, C.R.48) to the point or place of BEGINNING. w Town Of Southold P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/06/08 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 F lIl as � tli Y _ y n 1, ( � r U � � I i .}.s Ir �T _•�h 4 '. f�p y � 4 is .10 74 M(qy l 1".: I . 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes X No B. Are there any proposals to change or alter land contours? �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? qe S 3)Is the property bulkheaded between the wetlands area and the upland building area? V.5 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of j ri diction? VU lease confirm status of your inquiry or application with the Trustees:_(4 04, J frlti /VP JIV*4l�� *J,1 -to 01 and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or slopin elevation near the area of proposed construction at or below five feet above mean sea level? � 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? & L, (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? 1�0 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 parcel? �O If yes, please label the proximity of your lands on your map with this application. H. lease list iresent us or operations conducted at this parcel �i�rle �� �y ��1-� And proposed use SR/lit (examples: existing: single-family; proposed. same with garage or pool,or other description.) �UALN fJ*WLUtL 42,11 aS (Authorized Signature and Date 2/05; 1/07 "LANSACTIONAL DISCLOSURE Fp APPLICA TO OWNER, CONTRACT VENDEE<u.D AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officer s 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 necessa Ol(llEfA dr1 4A NE ry to avoid same. _ UGL t Z o7Ut1lY /�i (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 X( 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, relationship with any officer or employee of the Town of Southold? `Relationship".includ s parent, or chil ) eby blood marriage or business interest "Business interest" means a business including a .partnership, in which the Town officer or em to ee has even a partial ownership of or employment by) a corporation in which the Town officer or employee owns more than 5% of the share s YES NO 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 Submitted this day of Signature: Print Name: Office Location: ��$11FFOC� USPS Mailing Address: O p Town Annex/First Floor,North Fork Bank o� y< 53095 Main Road 54375 Main Road(at Youngs Avenue) C* Z P.O. Box 1179 Southold,NY 11971 py dye Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 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, Linda Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) ELIZABETH A.NEVILLE �QF SUUryOI Town Hall, 53095 Main Road TOWN CLERK ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER G Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ��y�9UNTY, 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 1/15105,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 RECCEIVED 6144 GOUVEIA, JoAnne and 5593 $150.00 John MAR 6 2008 $150.00 By Thank you. d� 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, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalskia-Town.Southold.ny.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/USPS) 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 for 1 week(s), successively,commencing on the 20tn day of March,2008: Principal Clerk Sworn to before me this r ( .day of 2008 setback nonconformance when located;.:buddutg.is proposed at less than five;(5)•., [less than S6�feet fro,M the:front yard line, Net froni the property,line and with lot' .. at W.Stering%Roatl Cutchogue CPM coverage which exceeds the code limita' n LEGAL NOTICE - '_104-44 1 ,tioti of 20%(existing 27.43%lot cover- SOUTHOLD TOWN ZONING 11:15 A.M. 1OANNE and-JOHN .age) Location of:Property: 145 King• BOARD OF APPEALS GOUVEIA #6144,Request.'-for Vari -Street Orient;C1'M 1000-126-1-23. THURSDAY,MARCH 27,20081 antes under Section•280-124,based on '12:30 P.M. SPYRO AVDOULOS I PUBLIC HEARINGS the Building Inspector's Notice of Dis- #6145..(1)This,is an Appeal of the Feb- CHRISTINA VOLINSKI EW YORK NOTICE IS HEREBY GIVEN,put-. approval concerning proposed'sddition: ruary 29,2008'Stop Work Order issued pUBLIC-STAIS Of N suanttoSection 267 oftheTown Eawand and alterations to the.existing single- under Section 144-13 of the Town Code, I Chapter 280(Zoning),Code of the Town family dwelling,which new construction 41dch Order states that recent construe- NO.()1.1406106050 of Southold,.the following public hear will result in a setback.at less than the tion workhms gone beyond the scope of jolif1ed in SUf}OII(COU111 2012 TOWN 1 be held ZONING BO the ARDUOF AP yard lotlifie andincrease ui lot the coverage Var once unandder Sect an A'ton 280-116ASbased �rtdNlatt Exphaa FabNoty 29' PEALS at the Town Hall;53095 Main exceeding�thd:code limitation'.bf 20%, ':On,the Building�lnspector's amended I Road,P.O.Box 1179,Southold,New :at.55405,County RoadA8(a1k/a,North ' March 6;2008 Notice.of Disapproval York 11971-0959,' on,THURSDP.Y ,Road)Soilthold;Cl'IvL4¢1-11. and applicant's request to;amend Build- MARCH"27 2008:. 11:30 A.M:DAVID FISHER#6126. ,•-ing PermiC#33677 for dwelling;recon-. 9:30 A.M. CHRISTOPHER and Request for Variances under Section •4 structio,'n(ad ditio is'and alterations)and .Er IZABETH QRASEM#6135.Re- 280-124,based on fhb'Building Inspec- xreplacement`of easterly foundation.The . quest for Variances under Sections tor's Notice of Disapproval concerning .Building.1ru;pec'tor"slate's that the"de- I 280-116 and 280-124,based on the Build- proposed additions to the existing"sujgle- :*.molifion an&reco¢structionA this,non- ing Inspector's February 5,2008 amend• family dweling,-which new construction 'eonforiniug 28,149-s4uare foot parcel in ed Notice of Disapproval concerning a will be less than'35 feet from the rear the R40 District is not permitted under new single-family dwelling(after demo- yard lot line,less than 35 feet from the Section 280-116A(1),for,the'reason that lition of the existing dwelling)for the - front yard lot line;and with lot coverage all buildings or structures located on— reasons that-the new construction will in excess'of the eoi0maximum limits- lots adjacent to sounds and dpon which be:(a)less than 25 feet on a single side. tion of20%,at2165 Old Orchard Road, there exists a.bluff or bank landward of - yard,and(b)less than 25 feet for total East Marion;CLM 37-34.1. .the.shore or beacli shall.be set back not side,yard setbaeks,and(c)less than the - 11:50 A.M.LIAPOLITFS and KEV- -fewer than 100 feet from the top of the code-required 100 feet from the bank IN FERRO#6129.Location of Property: bluff or bank.(adjacent to the Long Is- or bluff landward of the shore or beach 300 Jat:kson Street,New Suffolk;CPM land Sound).The building Inspector also of the Long Island Sound.Location of 117-10-2.The Applicants propose"reno- states a variance was issued under ZBA Property:1910 Leeton Drive,Southold; vations/alterations, additions, and ex- #6060 for alterations and additions to a CLM 58-2-12. pansion of the existing adcessory cottage single-family dwelling,foilowing this,and / 9:40 A.M. JSC RESOURCES by building and in:this Appeal requesting that applicant intends to reconstruct the James-Zizzi.President#6137.Request the following; dwelling and replace the easterly foun- for a Variance under Section 280-15. 1)Reversal ofthe Building Inspector's dation wall.Location of Property:54985 based on the Building Inspector's Feb- November 8,2007 Notice of Disapproval C.R.48(alkla North Road),Greenport ruary 11,2008 Notice of Disapproval which states that the accessory cottage CLM 1000-44-1-50. concerning an as-built accessory swim: use is nonconforming andconstitutes The Board of Appeals will hear all ming pool situated in a side yard rather a second dwelling unit,citing,Section persons,or their representatives,desir- . than the code-required rear yard, al 280.121A which_provision states Such ing to be heard at'each.hearing,and/or 3190 Haywaters Road,Cutchogue;CPM nonconfo[mb]Z use oP buildings...may desiring to submit written statements 111-1143. be continued indefinitely,P=cpt that before the conclusion of each hearing. 9:55 A.M.PAl Ii and CHERYL.RA- such building or use(A)shall not be en- Each hearing will not start earlier than GUSH#6138.Request for Variances un- larged altered extended reconstructed designated above.Files are available for der Sections 280-15 and 280-116,based or restored or Qaced on a different poi- review during regular business hours and on the Building Inspector's February 11, tion of the lot or parcel of land occupied prior to the day of the hearing.If you 2008 Notice of Disapproval concerning a ] such use on the effective date of this have questions,please do not hesitate proposed accessory swimming pool and ,". shall arly eNlernal evidence to contact our office at(631)765-1809, raised terrace structures at less than 100 of such use be increased by.any means or by 'email: Linda-Kowalski@Town feet from the top of the bluff,and side whatsoever and Notice of visapprovAl Southold nyws. yard location for-the swimming pool catingsecfion 100-31A which provision Dated:March 14,2008. rather than a code-required yard,at 1600 .states•"InACR80Disin.ts�no building ZONING BOARD OF APPEALS Hyatt Road,Southold;CTM 50-1-6. or premises shell be used and no build- GERARD P.GOEHRINGER, 10:10 A.M.FRANK and ANTOI- for part of a building shall be erected CHAIRMAN #6136.Request for a or altered which is arranged intended."' B,y,LindaKowalski arianceunder Section 280-15,based on or de igtrie_d to be used in'Whole'or m' 54375 Main Road.(Offict Location) the Building Inspector's January 22,2008 part for any use except the"following=. 53095.Main Road(Mailing/USPS) — -- -- — Notice of Disapproval concerning the p Permitted uses One-family detached :. F.O.Box 1179 i proposed location of a swimming pool dwellings not to exceed one dwelling on - - - Southold,NY 11971-0959 at,the side of deck with hot tub addition each lot"• .. ., 8759-tT 3n0 and partly in the code-permitted rear 2) Interpretation to deal with this yard.Location of Property:625 Calves preexisting residential use in a residen- Neck Road,Southold;CpM 63-7-30.1. tial zone,applying Code Section 280-122. 10-25 A.M. RICHARD and PA- Nonconforming•Buildings with Con- MFLA FRE KING#6141..This is a forming Uses,which states- Nothin en- g: request for a Special Exception under in this article shall be deemed to prevent' Southold Town Zoning Code Article the remodelipg.reconstruction or en- III, Section 280-13B(14), sub-sections Jargement of a nonconforming building a-d.The Applicant/Owner proposes a containing,conforming use provided Bed and Breakfast accessory use in their that uch action does not create arty new i residence,incidental to their occupancy nonconformance or increase the degree.' as a single-family dwelling use,with up of nonconformance with regard to[fie to three.guest bedrooms for lodging and rrula[lons pertainine to such build= serving of breakfast to not more than ten jis ., .ec -fruc . of a dannaeed (10)casual,transient roomers.Location building,(1)A nonconforming building of Property:235 Lilac Lane,Cutchogue; containing a conformingjtse which has- Lot 117 on the Map of Nassau Farms; been damaged by f pr other causes to CLM 104-1-20. Ile extent'of more than 50%of its fair" 10.40 A.M.ROBERT F and PATRI- value shalL not be repaired or rebuilt CIA FRiEMANN#6139.Request for unless such building is made substan- ; Variances under Sections 280-116B and [rally[o conform to the height and yard 280-124,based on the Building Inspec- requirements of the Bulk Schedule(2) tor's November 19,2007 Notice of Dis= Application for a permit to build or re- i approval concerning proposed partial store the damaged portion Of any build- demolition of an existing dwelling,and ing damaged or destroyed as set forth 1 proposing new construction for alters- in Subsection B(j)above shall bg filed- tions and additions to the dwelling at less within one year of the date of such dam- than the code-required minimum of 15 age and shall be accompanied by plans feet on a single side yard,and less than For reconstruction which as to such por- 75"feet from the bulkhead or retaining tion shall comply with the�equiremen[s wall,adjacent to the shoreline of Little r tin above.If suchVertnit is issued Cr "j eek.Location of Property:2935 Pine it shall la 1(_;e one year thereafter unless Tree Road,Cutchogue;CI'M 104=3-8. reconstruction in-accordance with the . 11:00 A.M. KAREN MAZZAF- approved plans fias been initiated• ERRO(formerly Karen Miller)#6134. 3)Atter„atively.Variances based on: Request for a.Variance tinder Section the Building ljjgpector's November 8 280-14,based on the Building Inspec• Znnv N ti a 9f nlLaX:V oval under Sec- tor's December 17,2007 Notice of Dis- - lion 280-121A and Section'100-31A. approval concerning a proposed lot(#1) denied for the reasons that the acres - -- proposed with a lot width at less than sory cottage use is ponconforming and the code-required 150 feet in this Pend- constitutes a second dwelling unit,and ing three-lot Minor Subdivision,located as such may not be gulareed altered at 1450 Horton Lane,Southold;CTM extended reconstructed or restored or 63-1-12;Zone District R-40 Low-Densi- placed on a different portion of the lot... ty Residential. or shall any external evidence of such 11:05 A.M. THOMAS and EAU- use be increased by any means whatso- \ L ET F [ESE-#6143.Request for-a. ever as a second dwelling unit Variance under-Section 280-122,based 12:15 P.M._DONALD,2nd JANIS on the Building Inspector's January 18, ROSE#6130.Request for Variances un- 2008 Notice of Disapproval and ZBA der Sections 280-15B and.280-124,based Code Interpretation-#503,9(Walz)con- on the Building Inspector's January 7, cerning proposed additions and altera- 2008 amended Notice of Disapproval - tions to an existing single-family dwell-- concerning the-location of'a,new two- ing maintaining the existing front yard story accessory building at a height ex- setback;-for the reason that the-new "-ceeding 18,feet to the top dPthe ridge,of construction kill.increase the degree of fen removal of a`buildmg;and.which new ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------- -X In the Matter of the Application of AFFIDAVIT rh� V- �f � . OF MAILINGS (Name pplicants) CTM Parcel #1000- ILI--_ l--^ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 6�C� siding at New York,being duly sworn, depose and say that: On the Df-�day of .�fl0�, I personally mailed at the United States Post Office in New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the pfficial records on file with the ( Assessors, or( ) County Real Property Office_ � �� � for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this 10+"2 ay of Mavc-Qi 2004 L eza�-�eq-�2--LINCJA N.HANUOLPH NOTARY PUBLIC,state of Now Yak (Notary Public) No.otFuet40W CwYiMd to SUN*CW* CAmniMolotn Exbaa J*ZO/1 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECE MC DD APR 10 2008 BOARD OF APP~EALS uki,ra `Mai. ._ 1 W14,M Qk Uri l�� m q d l N E i -k .s—, fty vkvw to ia38?p.DUSU t s b IA c E:Wt AI JQa,ARS4.t%i v *ma 14 llllf#f wo I (DomesticU.S. Postal 4Wicew CERTIFIED MAILTIRECEIPT CO _Only;No Insurance Coverage Provided) M S• CO $0.41 0 ,r�OLO Postage $ u ru Certified Fee $2.65 'y'L co p stmark C3 Return Receipt Fee `a 15 M > O (Endorsement Required) 20DEi V Restricted Delivery Fee $0.00 v 0 (Endorsement Required) r- Total Postage&Fees $5.21 03/ C3 j/ Street,Apt '� r7 IC f� 7� E��Z l7 S p Sent To r 2. or PO Box No. City State,ZIP+4 :d 1/, y�p, :', ,r FI tit 1 PostalPS Form ,August 6 See Reverse for instructions CERTIFIERAILT. RECEIPT r� .emestic • , CoverageProvided) M N , o " �. AST A FtY•F105 .� L S F. , w Postage $ `.h0.41 0 9,,0 L D N� fu Certified Fee "6 � � m Postmark 0 Return Receipt Fee � l�AR M (Endorsement Required) 2.15 '��2008 `� Restricted Delivery Fee C3 (Endorsement Required) $0.00 r Total Postage&Fees $ $5.21 03/1 S O !1 . r, Sent o n I ^' [I A) X�V p n 0 /` jO (V f"1/J O Street,Apt.No.; •� -- ' C ^� r- or PO Box No. 3 2 .S c� 9 b�f c1 1 t City State,ZIP+4 ------- --- ---------------- See Reverse for Ins'tructions U.S. Postal S, CeTM CER 0 PJAILT. RECEIPT t11 '• • .- M1 o 7FORS17A(]D-tRD:AIE F1�333OLA L U • cc Postage $ $0.41 p M Certified Fee $L.65 E3 Return Receipt Fee J � Postmark CO 0 (Endorsement Required) $2.15 C3 MAR I 01008 Restricted Delivery Fee r � (Endorsement Required) 0.00 r•� r Total Postage&Fees $ $5.21 0 Ep s O i Sent o r ; R Q --f--- O Street,Apt.NC3 ny o. iorOoxNo. ----------------------------- City,State,ZlP+4 ------------- -------------------------- - Lau i F rye G3��5� 4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT T— t OF SIGN POSTING (Nam . Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,. k6 residing at New York, being duly depose sa sworn de se and that. �q kh" �-06 yOn the I today of K , 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 or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place f r seven days prior to 0/t date of the subject hearing date, which hearing date was shown to be Mu, �`�, �'OU r (Signature) Sworn to before me this ! `day of l-to.vc, , , 200� (Notary Pu ic) P' n LN"P.PANDOU" *near ieTe &Mft rance of my property, as the area most visible to passersby. ftmbsbh En*n GEC COMC D APR 10 2008 BOARD OF APPEALS leVisions I-20-90 19-11.96 10-16.00 77-27-00 1-19-01 N 372 500 11-15-0 c i -- o, A N ° g 6 a A sM d •yP ,a gyp• G ... 21 i Yy ti 1.eA COUNTY •45 OF SUFFOLK SC.ee es\ 4.3 ° \ Qa-�:141•s° O 53.6ALG 4\lo \ s \\,•'\\\\ ,\\\\ \\\� 2•T'P\T }pO WATCH LINE g 6a 1\ • T '•r ♦\ r\\ \ SEE SEC.No.052 O N 31B 700 W ° Llrs —— xrtrant Olstrbt Llne —-R—- ARE TO LESS WI ." TH OiRER FOL Sc00IDlstrlct SCN LOWING ROISTRiCE• SCCvlelpn L°t N°. ,ul Bbck Llmlt I'll wwD L °°°ftr° Be Erc O R e Ostrlct llrb —-F—- R°t e D31111, 1Nc3 SCHOOL E Oe ones[°m o Om r —�— ypyrul°n Bb krB qq.N°. (21� Bo kRAHl onto bdaa rlct 11 —HST— FOE— tB 3131 — NrO ND. ER Dlstrlc.Llne LIGHT wAiER=-w—- a U sna.aan Lot uM 0•ea oo�,.,l°n IK ct um— ..Te. u,ntr Lne a• m � Esr.�°m _- N 23 12.1 ALE r'12 SA —— - .. eV stons - - Office Location: gUfFO(�-CO 1 '� USPS Mailing Address: G Town Annex/First Floor,North Fork Bank y� 53095 Main Road 54375 Main Road(at Youngs Avenue) y Z P.O.Box 1179 Southold,NY 11971 py� Southold,NY 11971-0959 http://southoldtown.northfork.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: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Coder 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 1+I vTI k . uF 1=AK1 14 0 The following appli cation will be heard by the Southold Town Board of Appeals at Town 'Hall, 53095 Main Road, Southold: FAME : GOUVEIA, J . J . #6144 PIAP #: 44= 1 = 1 I APPEAL : Lot Coverage and Setback Var. REQUEST: Front Porch Addition DATE :0 THURSDAY Mar. 27 , 11 : 1 5 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 . 'ONING BOARD -TOWN OF SOUTHOLD 765= 1809 Town of Southold ZBA O�App Name O Tax Map N O File No II seq� j Board Member James Dmizio M { El Wnliste Search _ _. .,.._ __-.._. ` ❑ Other Hearing Time 12 35 PM _ 1 File Number 61A 'Tax Map 44. 1 11 A Name: GODUEIA Joanne-and John vVTVrv3 V y W V Received Date 3/32008 Tof. Fe t i. Pp. es $150 - Hamlet Southold Type Residential „ Zone R 40 �t Date forwarded to Town Clerk, N #;Status New Action: i s Meeting'Dates Building Dept.- Location 55405 County Road 48 _ Meeting Date 3 ND Date 1 /12/2008 Add/AI�. g "Short is to existing sfd 280-124-front yard i Hearin Date,1 /27/2008 3 ND Date 2 /10/2008 I Desc setback after removal of front steps; lot coverage ; Heanng Date�2 ND Date 3 copy also. ' ;Hearin E �9 D .. ate�3 ; ND Date 4 Am ND expected`wz. . , per Connie Bde t 3/7/08 t/b ; f 'Hearing Date 4 ND Date 5�-= p Notes wntten soon. Hearing Date 5 ND Date 5 ( ActiomDate: ND Date- 3 i 3/7/2008 ? 3 19 PM I CAPS iVUM Developed by the�Southold Town Data Processing Department ZONING BOARD OF APPEAL 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: hft:Hsouthtown.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 loth 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 any 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 your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not. later than March 12th: 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 office with the white receipts postmarked by the Post Office. When the green signature cards are .returned_ to you by the Post Office, please mail or deliver them to us before the scheduled hearing., If any signature card is not returned, please.advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all. Notices. 2) Not Later 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 Ends. � c Office Location: �. OGy Mailing Address: Town Annex/First Floor,North Fork Bank ti 53095 Main Road 54375 Main Road(at Youngs Avenue) - P.O. Box 1179 Southold,NY 11971 y �!� Southold, NY 11971-0959 col J http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Date: TOTAL NO. OF PAGES INCLUDING COVER: d � SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: J �00 i &/ . ❑ URGENT ❑ TOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ NOTESICOMMENTS: nPlease find attached copy/copies of the following: L ^ /11 . 'q tv4, a S' 4'--� Thank you. Sender's Initials: SUFFQ(� APPEALS BOARD MEMBERS p�0 CQG Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road Gerard P. Goehringer y x P.O. Box 1179 Lvdia A.Tortora ^* Southold,NY 11971-0959 Vincent Orlando y p�� Tel. (631) 765-1809 .tames Dinizio,Jr. �Ql � �a Fax(631) 765-9064 http:!/southoIdtown,northfork.net RECEIVED Y� 3"1,5-Pal BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town 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: i Page 2—December 29, 2004 ZB#5615—John and JoAnne Gutivcia 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 177' 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 37.8'. 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 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 suc uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Orlando tin ** Go ringer and Dinizio. (Absent were Chairwoman Oliva and Member Tortora. his my adopted (3-0). Vincent MMirldb, A mg Chairman 116105 Approved for Filing