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APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
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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
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
RECEIVED
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JUN 2 0 2006
10',13 A.m.
Southold Ton (Ier.
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 11, 2006
ZB File No. 5868 - ESTATE OF GLENN W. BOOCOCK
Location of Property: East End Road (at Block Island Sound) Fishers Island
CTM 4-7-1 and 2
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 existing Lot 1 is 150,973+/- square feet, and Lot 2 is 104,498+/-
square feet, or combined area of 255,471 square feet.
BASIS OF APPLICATION: Section 100-32, based on the Building Inspector's February 26, 2006 Notice of
Disapproval, amended March 7, 2006, concerning Lot 1 with a proposed nonconforming lot size of less than
120,000 square feet (and conforming area for Lot 2) in the proposed lot line change.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 27, 2006, 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 is requesting the change the configuration of lots
which will result in a nonconforming area for Lot 1 of 82,729+- square feet, to be deeded to The Henry L.
Ferguson Museum, Inc., with the remaining land to be a conforming area of 172,742+/- square feet for
proposed Lot 2. The existing Lot 1 is 150,973+/- square feet, and Lot 2 is 104,498+/- square feet.
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 variance involves a merger of portion of a lot which contains a tennis
court, to be merged with the adjoining parcel that contains a single-family dwelling. The remaining area is
already subject to a conservation easement, proposed to be conveyed to the Ferguson Museum, a charitable
organization, and will be kept as open space in perpetuity.
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 property is adjacent to Block Island Sound, and the area which is
improved with a dwelling and tennis court, shown on the 10/14/05 map prepared by CME Associates, will
remain as a single lot.
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Page 2- May 11, 2006
ZB File No. 5868 ~ Boocock
elM No, 4-7-1 and 2
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3, The variance granted herein is substantial. The density of lots is not increased, and the land to be
conveyed to The Henry Ferguson Museum is not proposed to be used as a separate residence.
4. The difficulty has been self-created. The proposed conveyance was created by will and for charitable and
conservation purposes.
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 lot line change, 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 Simon, and
duly carried, to
GRANT the variance as applied for, as shown on the 10/14/05 map prepared by CME Associates
Engineering, Land Surveying & Architecture, PLLC, subject to the following condition:
That the existing conservation easement on newly created Lot 1 shall continue to remain, open
and unimproved,
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,
Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon, and Weisman. Chairwoman Oliva was
absent.) This Resolution was duly adop~4-0).
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Ruth D. Oliva 6// {"06
Approved for Filing
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LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 27, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY, APRIL 27. 2006:
2:00 P.M. ESTATE OF GLENN W. BOOCOCK #5868. Request for Area Variances under Section
100-32, based on the Building Inspector's February 26, 2006 Notice of Disapproval, amended
March 7, 2006, concerning proposed re-division of land with revised lot sizes, resulting in a
nonconforming lot size for Lot 1 of less than 120,000 square feet (and conforming area for Lot
2). Location of Property: East End Road (at Block Island Sound), Fishers Island; CTM 4-7-1
and 2.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or
linda.kowalski@town.southold.ny.us.
Dated: April 1 0, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
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NOTICE OF DISAPPROVAL
DATE: February 26,2006
AMENDED: March 7. 2006
TO: Stephen L. Hamm AlC Boocock
38 Nugent Street
Southampton, NY 11968
Please take notice that your application dated February 24, 2006
For a permit for a lot line change at
Location of property East End Road, Fisher's Island, NY
County Tax Map NO.1 000 - Section :!:
Block~
Lot 1 & 2
Is returned herewith and disapproved on the following grounds:
The proposed lot line change is not permitted pursuant to Article III. Section 100-32, which states:
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the AC, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect
as if such regulations were set forth herein full."
The minimum lot size required in the Residential R-120 District, according to the bulk schedule, is
120,000 square feet. Following the proposed lot line change, lot 1 will measure 82,729 square feet in
total size and lot 2 will measure 172,742 square feet.
Although lot 2 (currently measured at 104.498 square feet) will become conforming, Lot 1 (currently
measured at 150,973 square feet) will become non-conforming.
This Notice ofDisa roval was amended on March 7 2006 to address an error.
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the South old Town Building Department.
cc: file. Z.S.A
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APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Fee: $
Filed By:
Fo, Office Use Only 8 CO
Dale Assigned/Assignment No. J- G 0
Office Notes:
,
r/o/w off
Parcel Location: House No. (no II) Street East End Road
Hamlet Fishers Island
SCTM 1000 Section 4 Block 7 Lot(s) p/ 0 1 Lot Size 1. 90 ac Zone District R-120
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I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: February 26, 2006 f' p (,) ~!7(O (, l2nA. tV ~
Ap.lllicantJOwner(s): Estate of Glenn Winnett Boocock
Mailing
Address:c/o Carolyn M. Glynn, Satterlee Stephens Burke & Burke LLP
230 Park Avenue, New York, NY 10169
Telephone: (212) 818-9200 {IA-.V (212) 818-9606
NOTE: rr applicant is not the l?wner, state If applicant Is ownerts allorney, agent, architect, builder, contract vendee, etc.
Authorized Representative: Stephen L. !!f-m, III, Esq.
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Address: Matthews & Ham, 38 Nugent( Street, Southampton, NY 11968
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Telephone: (631) 283-2400
t A--'('.
(631) 287-1076
Please specify who you wish correspondence tll be mailed to, from the above listed naml's:
o ApplicantJOwner(s) Ili Authorized Representative 0 Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICA nON DATED
FOR:
o Building PerMit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
IX
Other: lot line change
February 13, 2006
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article III Section 100- 32 Subsection
Type of Appeal. An Appeal is made for:
'" A Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access required by New York Town Law-Section 280-A.
o Interpretation ofthe Town Code, Article Section
o Reversal or Other
A prior appeal 0 has 1!9 has not been made with respect to this property UNDER Appeal
No. _Year
02/15/2006 11:17 FAX 631 287 1076
1I1IATTHEII'S :\ HAll
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Page 4 013 . Appeal Application
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Part A: AREA VARIANCI! REASONS (oHeclI exlra slleet as needed):
(1) An undesirable change wDl not be praduced In Ihe CHARACTER of fhe neighborhood or a
detriment to nearby properties. If granted. because: density will be reduced as one portion
of 150,973+/- sq. ft. parcel will be merged with existing residence parcel and other
parcel, whichisSlliBtandard, is already subject to a conservation easement and will be
conveyed to Ferguson Museum and kept as open space
(2) The benefit sought by the appncclnl CANNOT be achieved by some method feasible lor the
Clppncant to pursue. other thon an area vorlance. because: lot line change is only means
available to convey portion of parcel to the Museum to carry out provision in
decendent's Will and to convey balance for merger with existing residence
(3) The amount of renef requested Is nohubslanKal because: parcel which will be granted
relief from minimum lot area requirement is not now and will not in future be used
for a residence
(4) The var.once wm NOT have an adverse effect or Impact on the physl.:al or environmental
condllfons Iii the neighborhood or dlstrlcl because: parcel for which relief is requested
will be Vept as open space and will not be developed
(5) Hadhe variance been self. created? ( ) Yes. or (x) No. If nct. Is Ihe construction
exlstlnljl. as built? ( ) Yes, or (x) No.
(6) Additional intorrnaHon about the surrolJndlng topography Clnd buDding areCls that r.I'lI. to
the dllllculty 'n meellng the code requirements: (attach extra she..t os need..<:I)
a portion of the existing lot is already developed with a tennis court and deck;
that portion will be merged with adjoining parcel which already is improved with
a residence; upon completion of the conveyances there will be ?ne buil~in~ s1te where
This I. the MINIMUM that Is necessary and adequCifk~ancfa'f n;.w s~m. Dti'~d~1fs:~:ss and
protects the character of the neighborhood and the health. safety. end welfare of the
community.
( ) Check thIs box and complete PART 8. Questions on next page to .:lPPIy Il~E VARIANCE
STANDARDS. (Please consult your attorney,) OtherwIse. g1eC/le Droce.dr to the slanature and
notarY area below. / I .1 ",..
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Signature ~r;ppttllant or Authoriz.d Agent
(Agent must submit AuthorlzaKonirom Owner)
Stephen L. Ham, III, as authorized agent for
the Estate of Glenn Winnett Boocock
Swam to before me this 2.B ~
dC/y of .f.~JI1;\I.~ .
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(Notary Public)
CHARLOTTE VAN HOUTEN
Notary Public. State of New York
No.01VA5001651
Qualified in Suffolk County J.
Commission Expires Sept. 14. 00 (,
ZBA A" 91J01G3
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PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
i~S'6~ y
Applicant(s): ESTATE OF GLENN WINNETT BOOCOCK
L If building is existing and alterations/additions/renovations are orooosed:
A. Please give the dimensions and overall square footage of extensions bevond existing building:
Dimensions/size: n/ a
Square footage:
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend bevond the existing building:
Dimensions/size: n/ a
Square footage:
II. if land is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size: n/ a
Square footage:
Height:
m.. Purpose and use of new construction requested in this application:
n/a
j
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
project involves merger of portion of lot in question that has accessory
structures (tennis court and deck) with adjoining parcel that has a single-
family residence; remaining portion of the lot can then be conveyed separately
to carry out provision in deceased owner's Will and kept as open space.
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction.
7/02
Please note: Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
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C)
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICA nON
A. Is the subject premises listed on the real estate market for sale?
DYes Ii!INo
B. Are there any proposals to change or alter land contours?
DYes ~No
C. 1) Are there any areas that contain wetland grasses? no
2) Are the wetland areas shown on the map submitted with this application? nl a
3) Is the property bulk headed between the wetlands area and the upland building area?
nla
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? nl a
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? nl a (If not applicable, state "n/a".)
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting,? nl a (If none exist, please state
"none".) /
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F. Do you have any construction taking place at this time concerning your premises? no
If yes, please submit a copy of your building permit and map as approved by the Building
Department. If none, please state.
G. Do you or any co-owner also own other land close to this parcel? yes If yes, please explain
where or submit copies of deeds. Adjoining parcel on the east is also owned by
Estate of Glenn Winnett Boocock (SeTM No. 1000-4-7-2)
H. Please list present use or operatiol\S conducted at this parcel tennis court and deck
and proposed use vacan t land
~rr." 1... H-Jii
Authorized ignature and Date
Stephen L. Ham, III,
authorized agent
2/1.8/0'
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01"01-0
01-30-02
Ob-03-0
12-)I-O?
1'2-12.03
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