HomeMy WebLinkAbout1000-63.-1-9 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 � � yr "" Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) r,
Southold, NY ,tF Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
From: Donald J. Wilcenski, Chairman
Members of the Planning Board
Date: August 29, 2022
Re: Request for Comments for Roland Grant
Located at 800 Hortons Lane, Southold
SCTM #1000-63-1-9 ZBA#7669
The Planning Board thanks you for the opportunity to provide comments regarding the
application referenced above. Overall,the Board does not support the variances requested, and
in particular,the proposed new building on this highly visible property adjacent to the historic
district appears too large for the parcel.
While we understand the dimensions and shape of the parcel may seem limiting, the parcel size
of 41,537 sq. ft. meets the 40,000 sq. ft. minimum lot size for the Light Industrial District. The
parcel meets the minimum lot width (±261" where 100' is required) and the minimum lot depth
is less than 2' short of the minimum requirement (±148' where 150' is required). Therefore, we
feel the required setbacks are appropriate as stated in § 280-Attachment 4 (Bulk Schedule).
Front & Side Yard Setbacks
Because the applicant plans to change the use on the property, demolish a structure, and
create a new building, even existing buildings are required to be conforming, according to the
Building Department. As it stands the existing garage on the property is non-conforming, and
Page 1 of 4
the requested variance for the side yard setback is approximately 85% (±3' where 20' is
required) and the variance for the front yard setback is approximately 58% (29' 13/8" where
70' is required based on the existing 70' front yard setback of the developed adjacent parcel
per §280-64 B). Since this is a pre-existing structure with environmentally conscious attributes
such as integrated solar panels and electric vehicle charging, we support the variances
requested for side yard and front yard on this pre-existing structure.
Please note that the purpose of the front yard setback in the Light Industrial Zoning District is to
ensure that the commercial use is well screened from the street and neighboring parcels. In
addition, § 280-93 requires a front yard landscaped area of 25', along and contiguous to the
front lot line, and must include 1 shade tree for each 40' of lot frontage. The current proposal
does not allow enough area for significant evergreen screening to be planted and maintained.
This demonstrates that the dimensions of the proposed structure are not suitable for this
parcel.
Linear Frontage
According to the Building Department's Notice of Disapproval, the proposed public storage
building is not permitted pursuant to § 280-64 C, which states buildings should "be divided into
separate structures so that no single structure shall have more than 60 linear feet of frontage
on one street." Since the parcel is located in the Southold HALO Zone the code guidelines
limiting linear frontage apply to the proposed structure. The length of the proposed structure is
completely out of scope for its location, which is in the HALO Zone and directly adjacent to the
Southold Hamlet Center. The proposed structure with 199'4" of linear frontage on Hortons
Lane is 232% over the code allowance of 60'. The code was intended to discourage construction
of new buildings that are out of scale with the community, and to prevent the appearance of a
continuous frontage of development along roads. Please note that the neighboring commercial
parcel is not a valid example of the "scale" of the community as it was created and approved
prior to the 1989 zoning code update.
Rear Yard Setback
In addition,the requested variance for the rear yard setback is 71%, (20' 4 1/8" where 70' are
required). Some amount of variance for the rear yard setback might be acceptable, however
not with the current configuration. Typically, parking is encouraged to be in the rear or on the
side of a building, and so a building design that is more conducive to the community character
might not require a rear yard setback variance, but might need a front yard setback variance to
place the parking in the rear or on the side.
If an industrial building is approved here, it would need to be accompanied by significant
screening/buffering to protect the streetscape and community character while traveling down
Horton's Lane. The Town Code, in § 280-78 K, requires that parking lots across the street from
residences must be screened from view.
Page 2 of 4
Accessory Apartment
The proposed accessory apartment within the public storage building is not a permitted
accessory use according to § 280-62 C. However, prior ZBA determinations (including#7591 -
2/17/22, #6259 - 4/14/09, and #5779 -12/1/05) allow for the creation of a caretaker's
apartment accessory to a self- storage facility as long as the tenant is employed by the public
storage/warehouse as either manager or security personnel. The Planning Board has supported
such determinations in the past, and is not opposed to permitting an accessory apartment for a
storage facility on this parcel, if the facility is proposed at a scale that fits the parcel and does
not require substantial variances to do so.
If the Zoning Board approves this apartment, it is recommended that conditions are added that
require a Town rental permit, proof provided annually that the tenant is employed by the
storage facility, and that the apartment is leased for a minimum of one year at a time. These
requirements are not without precedent as other accessory apartments have similar conditions.
The objective of the recommended conditions is to ensure these apartments continue to serve
the purpose of workforce housing; a goal outlined in the Housing Chapter of the Town's
Comprehensive Plan.
It is worth noting that the conversion of an existing building to apartments is a use permitted by
special exception in the LI Zoning District according to § 280-62 (13)(11). This location does allow
for the conversion of existing space for up to six apartments, and also allow for expansion of
the existing structure if it cannot accommodate six apartments at its current size (see § 280-62
B11 and § 280-38 136).
Community Character
Furthermore,the proposal is not in accordance with the Southold Town Comprehensive Plan,
specifically the Land Use and Zoning Chapter Goal 7 and the Community Character Chapter
Goal 2.
Land Use and Zoning - Goal 7: Economic Prosperity- Facilitate the growth of existing
businesses, and encourage new businesses for stable and sustainable employment. This
includes agriculture, aquaculture, health care, renewable energy, tourism, light
industrial, retail/service-based and the maritime-related industry. Balance economic
prosperitv with maintaining a high quality ot life, the environment and the unique
character of the communities.
This particular LI-zoned parcel is uniquely located in the HALO Zone, across the street from two
residential properties, and directly adjacent to the Southold National Historic District. The
proposed size of the building is not consistent with the character of the community. Please note
that the neighboring storage facility (SCTM # 1000-63.-1-10) does not provide an adequate
measure of the character of the community. It was approved in 1987, prior to the 1989 zoning
code update. The facility predates the zoning code elements we currently have in place to
protect community character, including: lot coverage, landscape coverage, screening, and
Page 3of4
buffer requirements. There was screening and planting required by Planning, which is non-
existent today, however the follow-up and resolution of that issue is not clear in the records.
The fact remains that the appearance and standards in that development are not appropriate
to be used to judge the merits of this proposal.
Community Character—Goal 2: Protect Cultural Resources—Southold Town is also
defined by its vast wealth of historical and cultural resources. The Comprehensive Survey
of Historic Resources in the Town of Southold and Fishers Island(Society for the
Preservation of Long Island Antiquities[SPLIA], 1988) identifies approximately 1,500
historical structures of regional importance. [..] Throughout the years many historic
buildings that once punctuated the Town have been destroyed, demolished, renovated,
or modified, thereby eroding the Town's heritage. [..]
The parcel is located just outside of the Southold National Historic District, whose boundary
runs along Traveler Street to the South. As proposed, the applicant is planning to demolish the
existing historic home on the property. The Southold Landmarks Preservation Commission
noted in 2013 that the home, known as the Joseph H. Horton house, located on this parcel
"contributes significantly to the historic viewshed and landscape of Southold." The structure is
included on "Figure 5.1 Cultural Resources Map"in the Town's Comprehensive Plan of the
Community Character Chapter. The house is one of several historic Horton homes located on
Horton's Lane. While we understand the home is in a state of some disrepair, the demolition of
the structure would not be consistent with the Town's goal to preserve our heritage and
character.
Conclusion
Overall, the Board feels the size of the building is out of scale with the parcel and its unique
location. The size and length of the new building as proposed, along with the pre-existing
garage preclude the ability to place appropriate screening on the parcel.
Thank you again for this opportunity to provide comments. If you have any questions or require
additional information, please do not hesitate to contact the Planning Office.
Cc: John Burke, Deputy Town Attorney
Page 4 of 4
BOARD
MEMBERS � '
� � W" Southold Town Hall
w
Leslie Ks Weisman,Chairperson 53095 Main Road•P.O.Bo
x 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. ��", 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �'
"" Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS P6 j-jL ��
TOWN OF SOUTHOLD RECEIVED-
Tel.(631) 765-1809•Fax(631)765-9064 .-.
MEMO A,P-R-; 0
2,2
..... out 6,[6" T6-,,-ri-i-
TO: Planning Board ?Fanning Board
FROM: Leslie K. Weisman, ZBA Chairperson
DATE: April 13, 2022
SUBJECT: Request for Comments ZBA #7669 Grant, Roland
The ZBA is reviewing the following application. Enclosed are copies of Building
Department's Notice of Disapproval, ZBA application, and current map on file. Your
review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
Applicant: Grant, Roland
Tax # Zone District: 1000-63-1-9
ZBA #: 7669
Hearing Date: September 8, 2022
Code Section: Art XXIII Sec 280-127, Sec 280 Bulk Schedule, Sec
280-64(C), Sec 280-62(C), Sec 280-64(B)
Date of Stamped Site Flan: February 2, 2022
Fre aver of Site Plan: Kehl Design Associates, Inc.
Thank you.
Encls.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE:April 2,2019
RENEWED: September 1,2020
RENEWED:March 1,2021
RENEWED:July 6,2021
RENEWED: February 24,2022
AMENDED: February 24,2022
TO: Roland Grant
PO Box 186
Peconic,NY 11958-0186
Please take notice that your application dated February 22,2019:
For permit: to demolish existin ,jjjubli�Lsel -q9ragg..huiIdirq itb
-------- _ag.accgory
Iain_ttjg,,exis , ,..:8'x37" ar e/s o .building at:
Location of property: 8'goff 42n TA c Southold 2�iy
--.9ji I n-L—M...'
County Tax Map No. 1000-Section 63 Block 1. Lot 9
Is returned herewith and disapproved on the following grounds:
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-RIAL _ktA.
You may now apply to these agencies directly,
I
Authorized S gg , e
Note to Applicant:Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
For Office Use Only
Fee: $ Filed By: Date
Assigned/Assignment No.
Office
Notes:
House No. 800 Street Horton Lane Hamlet Southold
SCTM 1000 Section_63 Block_1_Lot(s)_9_Lot Size-41,537
sq.ft._Zone_L-I
I (WE) APPEAL THE WRITTEN DETEIM: NATION OF THE
BUILDING INSPECTOR DATED February 24,2022 BASED ON SITE
PLAN/MAP DATED 2-2-22
Applicant(s)/Owner(s): Roland Grant President of S uest Inc.
Mailing Address: P.O.Box 186 Peconic NY 11958-0186
Telephone: _516-446-0127_ Fax #: _c/o 631-765-4643_
Email:_pcmoore@mooreattys.com
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: Patricia C. Moore Es . for (X ) Owner, or
.( ) Other:
Agent=s Address: 51020 Main Road Southold NY 11971
Telephone_ 631-765-4330 Fax #: 631-765-4643 Email:
cmoore a) ooreat s.com
Please check box to specify who you wish correspondence to be mailed to,
from the above names:
_Applicant/Owner(s), or X Authorized Representative, or
_ Other Name/Address
below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SITE
PLAN/MAP DATED 2-2-22 and DENIED AN APPLICATION DATED
2-22-2019 (plans last dated 2-2-22) FOR:
X Building Permit
_ Certificate of Occupancy _Pre-Certificate of
Occupancy
_ Change of Use
Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section,
Subsection of Zoning Ordinance by numbers. Do not quote the code.)
Article_ Section 280-_ Subsection
Bulk Schedule for LI- rear yard requires 70 proposed 20'41/8"
280-64 (Length of Building over 60') proposed 199'4"
280-62 (C) Accessory apartment- for owner/manager/security (Reverse
based on ZBA interpretations of the code in prior ZBA decisions) or
variance if required.
280-64 (B ) existing garage-existing setbacks non-conforming- requires
100 front; side yard 20' (existing 29'13/8" front and 3' side)
Type of Appeal. An Appeal is made for:
X A Variance to the Zoning Code or Zoning Map.
_A Variance due to lack of access required by New York Town
Law-Section 280-A.
_Interpretation of the Town Code,
Article Section
X Reversal or Other (Reversed on previous appeals regarding
accessory apartment for manager/employees)
See: ZBA APPEAL #75912/17/2022; APPEAL #57791/4/06;
APPEAL 6259 4-27-09
A prior appeal _ has , X has not been made at any time with respect to
this pro er,1 UNDER Appeal No. Year . (Please be sure
to research before completing this question or call our office for
assistance.)
Name of Owner: Roland Grant ZBA File #
REASONS FOR APPEAL additional sheets mar be used with re arer---4
signature'):,
AREA VARIANCE REASONS.
(1) An undesirable change will not be produced in the CHARACTER of
the neighborhood or a detriment to nearby properties if granted, because:
The subject property is zoned Limited Business and is developed with an
existing garage, an existing two-story house which needs significant
repair, and an existing mobile home. The owner intends to re-develop the
property with a new storage building with climate control and which will
be used for a permitted use (TENANT TO BE DETERMINED). The
proposed building includes a living space for the operator/
manager/employee of the commercial use. An accessory living area for
the commercial use is customary and accessory to the principal use and
the Board has overturned the building inspector's determination and
found that the apartment is a permitted use in LI zoning the apartment to
be used as rental housing for employees of the business operation, is
customary and accessory to a storage business (self-storage facility). The
application requests similar relief. See 11900 Oregon Road
(SCTM#10000-83-3-5.3) Appeal# 7591. Siting other decisions of the
Board ZBA # 5779 issued 1-4-05 and ZBA appeal #6259 issued 4-21-09.
The proposed redevelopment will eliminate the preexisting buildings
containing nonconforming uses: The two nonconforming buildings and
residential uses, single family dwelling and mobile home, will be
demolished. The proposed building is more than 60' linear feet to leave
room for the indoor storage and potential second floor apartments.
Separate buildings (less than 60') result in inefficient use of space and
additional development cost. The purpose of the 60' limitation was to
avoid strip malls.
The proposed plan is consistent with the purpose of the Light Industrial
(LI) District (Town Code 280-62) which is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for
the LIO Light Industrial Park/Planned Office Park District.
The building has been designed for permitted uses on the first floor, such
as JLWholesale businesses, private warehousing, and public
warehousing, and shown as wholesale storage. Alternatively, the first floor
will be used as a Contractors' businesses or yards, including but not
limited to building, electrical, plumbing, and landscapers' yards. Either
use is permitted in LI zoning and is needed in Southold. The permitting
process can take many months (years) which prevents the owner from
obtaining a tenant at this stage of the process.
For the second floor, after the structure is constructed, the applicant
intends to apply for a Special Exception pursuant to paragraph
11)Conversion of existing space to affordable residential housing.
Because this relief can not be granted until the building is constructed
and has a CO; the proposed affordable apartments is future
development.
(2) The benefit sought by the applicant CANNOT be achieved by some
method feasible for the applicant to pursue, other than an area variance,
because: the parcel is wide (long road frontage) and narrow (depth),with
261.25 feet of road frontage and 148.64 feet in depth. The proposed
building is intended to provide open areas for a permitted use, such as
warehouse or contractor's business, the design is intended to be flexible
and maximize the allocation of space inside the first floor. The building
is set back with the parking in the front. The development matches the
neighboring commercial development. The second floor is intended for
redevelopment of affordable apartments with the parking for the
apartments inside the building in the lower floor (basement). Horton's
Lane is a mix of commercial and residential. This parcel is adjacent to
the Long Island Railroad tracks, adjacent to the self-storage area
containing multiple commercial uses. The second-floor design for the
future affordable apartments has windows facing the west which is more
residential.
(3) The amount of relief requested is not substantial because:
The parcel is on the north side and next to the Long Island Railroad
tracks, with approximately 261 feet along the road, but only 148 feet in
depth. The building can not be placed 100' from the road. The
neighboring parcels are developed with commercial buildings and self-
storage facility. The proposed building is 199' in length and leaves room
on the south side of the property for vehicle access and limits outside
storage. The existing garage is proposed to be retained for residential
storage and use by the operator/manager/employee. The existing garage
is already equipped with electrical outlet for an electric car charging
station and solar panels.
The setbacks of Limited Business do not translate for a pre-existing
parcel. The parcel is pre-existing nonconforming in dimensions and size.
The parcel currently maintains two dwellings, a garage, and outside
storage (firewood). The proposed re-development of the property will
result in a clean and well site planned building. The proposed setbacks
of the building are 79' to 81' to the street.
The 60' width of buildings would be impractical. The proposed
development of the property maximizes indoor storage. A warehouse or
contractor's yard will store equipment and material outside if the inside
space is inadequate. The building is sufficiently large to maintain all
activity inside. Since the owner wishes to develop the second floor for
affordable apartments, maintaining the commercial use inside the
building will control the noise and activity with any commercial use.
(4) The variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district
because: the proposed building will clean up the property and overall
site conditions. The existing house which is in bad condition and not
suitable for a commercial re-use will be demolished and the mobile home
removed from the property. The proposed building is intended to
provide a clean, neat, and well site planned building. When the
affordable apartments are proposed the parcel will return for site plan
and Zoning Board approval (Special Exception).
Affordable rentals will comply with the following;
(a) Tenants shall be reserved to moderate-income individuals and
families who do not have any ownership interest in any other residence
or vacant lot. Tenants must work or reside in the Town of Southold at the
time they take possession. The eligible applicants must be registered in
the Town of Southold Housing Registry, administered by the
Government Liaison Officer prior to the commencement of any tenancy.
LtLConverted space shall be limited to a maximum of six moderate-
income residential rental units.
LC As a condition of the granting of a special exception by the Zoning
Board of Appeals, property owners must convert said applied-for space
to residential use within six months, rent the units at a rate at or below
the maximum allowable monthly rent for affordable housing units, and
maintain the excepted residential units as affordable residential housing
for a minimum period of eight years from the date of granting.
LqLAII converted affordable residential housing shall be subject to all
Town and county building code and septic specifications.
LqLAII converted affordable residential housing must have at least one
parking space per unit.
(5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No.
the lot is pre-existing nonconforming in size. The proposed building is
maximizing the interior storage space and the future development of the
second floor for affordable apartments. When affordable apartments
are built, the developer must limit infrastructure and costs of
construction. Separate 60' buildings would add significant expense to the
development project, reducing the number of affordable apartments
made available.
Are there Covenants and Restrictions concerning this land: X No.
Yes lease furnish L2 .
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 your attorney.)._
Signature 4,Aopellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me thi �
daof .._. ,20 rr ..
otary Pub . �.._
BETSY&PERKINS
Notary rye P l)lk , f f of New York
. DIPE6130636
APPLICANT'S PROJECT DESCRIPTION
<7f
1 '"', X/11
APPLICANT: 1) '
n C
DATE PREPARED:
7-1
1.For Demolition of Existing Building Areas
Please describe areas being removed: ")
Vr
11. New Construction Areas (New Dwelling or New Additions/Extensions):
. 1 . 1 1
Dimensions of first floor extension:
Dimensions of new second floor:
Dimensions of floor above second level: N 'A
Height(from finished ground to top of ridge):
Is basement or lowest floor area being constructed?If ycs,please provide height(above ground)
measured from natural existing grade to first floor: 1 -3 L4 ' c "
III. Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary). Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: I ol le, (ec
LL .4. 1"o
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property:
L
Proposed 'increase of building coverage: tV t,t,jl
Lc
Square footage of your lot: 44 1
Percentage of coverage of your lot by building area: www 'x
V.Purpose of New Construction:
VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.)on your land
and how it relates to the difficulty in meeting the code requirement(s):
r 1!Lf4('t4C'
Please submit 8 sets of 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.
4/2012