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HomeMy WebLinkAbout5868 ~,G1{A.~: 'Cc<<>t;E-" '-- -;::~. F1 V 7 -!.,r;J- 11: S-~G,'i3 LoJv ~ d1- fJ.J/ 11oz1;0IP /fAit ~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . 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 "f-~cl JUN 2 0 2006 10',13 A.m. Southold Ton (Ier. ~~Cl?f~'J'. 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. \~ Page 2- May 11, 2006 ZB File No. 5868 ~ Boocock elM No, 4-7-1 and 2 . . 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). ~J(\) _GJ ~ Ruth D. Oliva 6// {"06 Approved for Filing . . 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 . . FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. ;l:f 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 ,'# ' , . ;. ...~I '.l. . , -. , ,'" , , . .' O' · () J- 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 - - 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. / Address: Matthews & Ham, 38 Nugent( Street, Southampton, NY 11968 /~ 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 . ~) If] 001 - '. . . "f" . () -.'.' Page 4 013 . Appeal Application 1J; 1>10 'i 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 ",.. if;,,/-'-L. (~,J,fI. 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.~ . ,,~. ,:h.. ~ (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 . . , . .- 0' . . ~ .... /) ..-) , , " 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. . . [~ 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".) / , / 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' ~\o~ 1J;7') 01"01-0 01-30-02 Ob-03-0 12-)I-O? 1'2-12.03 ~'.J~.1.~OO~" FISHERS ISLAND SOUND CDti,\ ':~:.'~~.' L;)~: ,~' . ' \':-- 0' ~ ~l(..~~" I " 9.3A , 2.2A , 2.GA 2 1.8A(~) . U 1.BA " " 1.9A ". .' .. >:~ 5.14 2.8A(~1 " 4.0AI~) ~ " 5.S J.JAI~) ,. " , J.GA t~ '" '" , ;J)" (j)"" \ 11.1 ~ 12.1A _'~~ "THENATuR!CQNSfRV'NCY ,~....~\ : ;;; ~''''-'---/- " "" ~ SOUND " 1.SA ".;" 12.1 7.0Al~J BLOCK N Ji~ 100 " . '''::....-------- ERRY '" ~"III~. -'<:.. SHiJric.iI~ l Pr_"....liIL... E C _..~_o.,....- E SoJ>dI';~lon Lot llr~ N S,,_,Y>,r, o p,..,~~ o """"'OI,""tU.... 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