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HomeMy WebLinkAbout5355APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 11,2003 Appl. No. 5355 - TOWBEE, LLC Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net RECEIVED Southokl Town Clerk Property Location: 700 Hummel Avenue, Southold; CTM #1000-63-2-30.1. 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 applicant's 74,052 sq. ft. parcel has frontage along two streets: Hummel Avenue to the north and Boisseau Avenue to the east, in Southold. The widest frontage of the property along Boisseau Avenue is 156.10 feet, and 639.17 feet along Hummel Avenue. The westerly lot line runs 105.05 feet deep to the Long Island Railroad right-of-way. The property and existing buildings are used for warehousing and storage. The property is zoned Light-Industrial (LI). BASIS OF APPLICATION: Building Department's February 19, 2002 Notice of Disapproval, amended March 10, 2003, April 10, 2003, June 18, 2003, and June 19, 2003, citing Sections 100-142, 100-143A and 100-143C, in its denial of a building permit to construct new buildings with interconnected hallways/additions. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on June 19, 2003 and August 7, 2003, 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/ORIGINAL REQUEST: The applicant's original application requested relief to construct new buildings in this LI Industrial Zone District requesting the following area variance relief: (a) building area (ref. #3) with rear setbacks between five feet and eight feet, maximum, from the southerly property line and at least 94'9" from the front northerly lot line along Hummel Avenue; (b) building area (ref. #1) with a +-60 feet setback from the front lot line along Hummel Avenue, and 220 ft. of linear frontage on Youngs Avenue, and (c) building area (ref. #1 and #3) with side yard setback at 5 feet. AMENDED ADDITIONAL RELIEF: During the June 19, 2003 public hearing, it was determined that the applicant had not filed an amended Appeal, based upon the June 19, 2003 amended Notice of Disapproval issued by the Building Department relative to the Building Department's review of construction diagrams. On June 23, 2003, the appeal application was amended to reflect the additional reason for disapproval by the Building Department, for additional relief with regard to the third floor level with a proposed 2,000 sq. ft. of floor area for storage of files and certain office-related material, accessible by elevator. The third-floor attic storage plan was prepared by East End Drafting & Design Page 2 - September '1 '1, 2003 ZBA Appl. No. 5355 - TowBee Inc. 1000-63-2-30.1 at Southold and is dated 5-12-2003. Also, please refer to details shown on the 8-6-2003 site and drainage plan prepared by East End Drafting & Design regarding proposed additions and removal of existing buildings. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A. Setbacks for Building (Ref. #1, #2, and #3 and proposed additions to interconnect buildings #1 and #3 in the future: The existing setbacks facing Hummel Avenue are substantially nonconforming: (1) the existing warehouse building "E" is +-32 feet to the northerly front property line and +-17 feet to the existing fence, and (2) the existing building, proposed to be removed, is closest to Hummel Avenue at +-20 feet. New building #1 is proposed at 60'3" from the northerly property line and at least 5' from the southerly property line. Building Ref. #2 is a new 2,546 sq. ft. building, to replace the existing 70' x 24' wide warehouse building. The existing building is shown with variable setbacks from the southerly property line between 12'3" and 9'10"; the new building will maintain or exceed the setbacks of the existing building from the southerly property line. Building #3 is proposed at a minimum of 94'9" from the northerly property line, and with variable rear setbacks between 5' and 8', at its closest points. The existing foundations are not salvageable. Only a small change of footprint of the existing southerly building would occur. B. Buildinf:l Frontages: Building (Ref. #1) is proposed with 80 linear feet of building width/frontage facing Boisseau Avenue. Presently, the entire easterly section of the property facing Boisseau Avenue is used for outside storage of landscape materials. The applicant is proposing to eliminate outside storage, and the closest new building to Boisseau Avenue will be at least 89 feet from the easterly front property line. The additional building frontages proposed in the future, by small additions, interconnecting Buildings #1 and #3 are also included in this variance, as shown on the site and drainage plan prepared by East End Drafting & Design dated 8-6-2003. C. Third Floor qf Buildina #1: The third floor is proposed as an attic with elevator, for storage of necessary files and related items. 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 improved with existing buildings in nonconforming locations. At least one of the buildings, which is 100% in a nonconforming location, will be removed and not be rebuilt. Outside yard areas will not be used for open storage, and open parking and landscaped buffer areas will be added to meet the requirements of the Planning Board under the site plan regulations. 3. The relief granted herein is substantial in relation to the code requirements for building frontage, and front, rear and/or side yard setbacks. Where the rear yard setback is Page 3 - September 11, 2003 ZBA Appl. No. 5355 - TowBee Inc. 1000-63-2-30.1 at Southold reduced, a front setback increased. Where the building frontage is greater than 60 feet, existing nonconformities are either removed or reduced. The sizes of the storage buildings are largely necessary to accommodate their boats indoors, where they can also be properly outfitted and supplied for their purposes of rescue and salvage operations. These responses require immediate and easy access despite the time of day or night or weather conditions. 4. The difficulty was self-created when the new building construction was planned with a design that will not conform to the current Town Code requirements. 5. There is no evidence that the grant of the relief will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district, after weighing the factors which benefit to the applicant as compared to a detriment to the community. The property is improved with buildings in poor condition, and foundations of which are not salvageable. There is outside storage of landscape material in several piles on the southeast section of the property. There are storage of trailers and vehicles, registered and unregistered, which give an unsightly appearance. The applicant has assured that the new office building will be state of the art with architectural marvel, even though it is three stories with occupancy of the first two stories. Buildings #2 and #3 are to be interconnected as one building for easy inside access from Building #1. These buildings are to be located contiguous to the LIRR, on the south side of the property. A new office complex with attached storage buildings and large parking lot to accommodate staff and customers will be a better utilization of this Light Industrial zoned parcel. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new building areas, 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 Orlando, and duly carried, to GRANT the variances as requested, shown on the plans prepared by East End Drafting & Design dated 5-12-2003, site plan dated 6-12-2003 prepared by Warren A. Sambach, Jr., and site-drainage map prepared by East End Drafting & Design dated 8-6-2003, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Major retrofitting and overhauling of boats shall be done inside a building. 2. All communication systems used by staff shall be done within the buildings, without an outside loud speaker system. 3. Consent be obtained from the owner or authorized authority with regard to emergency fire access on the south side of the property within or along the LIRR right-of-way as needed. 4. That designated parking within the site be used for vehicle purposes and not for any type of storage. Page 4 - September 11, 2003 ZBA Appl. No. 5355 - TowBee Inc. 1000-63-2-30.1 at Southold The three buildings may be connected in the future as shown on the 6-12-2003 site plan prepared by Warren A. Sambach, Sr., P.E., without a supplemental application to the Board of Appeals. 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 Tortora (Chairwoman), Goehringer, Orlando, and Oliva. (Absent was Member Horning.) This Resolution w~as duly~ado~:~ee~4-O~ Lydia A;T,l~tora, Chairwo~nan - Approved for Filing ~ / ~,~03 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing Page 6 7:00 p.m. Appl. No. 5355 -TOWBEE~ LLC (continued from 6/19/03). Amended Request for Variances under Sections 100-142, 100-143A, and 100-143C, based on the Building Department's February 19, 2002 Notice of Disapproval, amended June 19, 2003. Applicant proposes two new buildings in this LI Industrial Zone District with: (a) side yard setbacks at less than 20 feet, (b) rear yard setbacks at less than 70 feet, (c) building linear frontages greater than 60 feet along two average of 90 feet from the front lot line, and (d) a portion of the new construction will be greater than the code limitation of 2-1/2 stories. Location of Property: 700 Hummel Avenue, Southold; CTM #1000-63-2-30.1. CHAIRWOMAN: The next heating is on behalf of Towbee. Is there anyone here who would like to speak on behalf of that application? ABIGAIL WICKHAM, ESQ: Good evening. Abigail Wickham, for the applicant. We're not going to repeat everything that we went through last time. But I do want to just refresh the board's memory because it's been a long time. And you've had a lot of intervening matters that we are seeking to replace. An existing concrete block building, which is tight on the Hummel Avenue line with 2 structures and refurbishing ora 3rd existing structure. If you recall, the maps you had at the last meeting have not changed. I did put in new maps today. I'm sorry they came in so late. But they are pretty, they are exactly what you looked at before with the exception of additional information in the way of drainage and that type of thing. CHAIRWOMAN: There's no change in the placement... MS. WICKHAM: There's no change in the placement of the setbacks, no. A little more parking has been provided and a little more detail on the square footage. But there was some confusion at the last heating as to which were the tight maps. I just want to be sure we were all looking at the same thing. In any event, the new office building, if you recall is 60x80 sq. f~. office building of 58 more or less feet from Hummel Avenue. And 70 to 117' from Boisseau Ave. The 2nd new building is the warehouse, which is 70x40. A single stoW structure with a setback of 5' from the rear line at the closest point, 7 ½' at the furthest point, and 6.3' from the side yard, which is the applicant's side yard. The applicant owning the adjoining property. And 5' at the closest point from the rear yard. The setbacks which are on the Hummel Avenue side, which are nonconforming to the 100' average setback, are certainly not out of character with what's in the neighborhood now. If you recall, the building at the western end of the block is right on the line. And it's a very long building. Our office building on Hummel is an average of 59' from Hummel. If you average all of the buildings, because it is considered a single structure, it's 85'. There is no, there is an excess of setback from Boisseau Avenue as it's proposed. That's not a problem. The setback from Hummel, while it's 59', which is under the standard, is certainly an improvement over the setback of that ugly, existing, concrete block building, which will be removed that has a 4' setback. It's also a much nicer looking building, and is certainly much further away than the buildings in the neighborhood. The old Southold Savings Bank on the comer near the RR tracks is about 36' back from Youngs. So this is much further setback than Page 6 of 13 Page 7 8-7-03 Southoid Town Board of Appeals Special Meeting Public Hearing that. I would like to also mention, as I said, the side yard setback is a significant reduction, but it does abut the applicants other property. So they are not going to be impacting strangers. And the rear yard reductions, which are significant are on the RR side, and well within the fence. And we've discussed fire access and that type of thing. Also, if you recall, it says here on rear elevation, that would be the elevation facing the RR tracks, there are no buildings, no windows, proposed. So there will not be an impact on privacy to the extent that 2nd story would overlook onto the Colonial Village property. So those people will not be worried about people looking over into their yards. One thing we did not address specifically last time was the 3rd story for which the Notice of Disapproval was amended. It would, as I understand the code, be considered an attic, except for the access, which is proposed, which is not only by a stairway, but also by an elevator. And the reason, well, first of all, the attic space, which is considered a 3ra floor under the code, is less than half of the actual floor area of that upper floor. It is just under 2000 sq. fi. less whatever area is taken up by the elevator and the stairway. It is going to be used, and the reason the elevator is going up there is first of all, they have to put an elevator in there anyway. And they need to do monthly storage and periodic retrieval of records for their thousands of memberships and reports. They keep th~m seven years. And the access by the elevator will not only facilitate getting them up and down, but will also assist with handicap clerical employees that would be able to accommodate that section of the building. It wilt not be used for office space. The file storage is in sealed, fireproof, locked, files. And that's the only furniture that would be up there other than maybe a file system of some sort. The appearance of the building is the same whether it's interior space that's considered a 3~'d story or not. It's just part of the roof. And we'd like to submit that given the cost of this building, it really would be an economic hardship to deprive the applicant of the use of this space. It's not a visual impediment. He has to build a roof over area anyway. And he has to build the elevator anyway. And file storage in a paper intensive business, as you are undoubtedly well aware, is really critical to a business. So they would like to be able to access it in a more economic fashion. We had mentioned briefly, last time, the fact that this business, salvage does sea rescue. And the coordination with some of the emergency response agencies is quite critical to their business. They do have a relationship with the Coast Guard. And I submitted a letter fi.om the Coast Guard indicating that they are working closely with them. They have open discussions with FEMA in terms of possible use of this facility as some sort of emergency shelter because the facilities in this town are not what they probably could be. I'm advised that this will be considered a green building, which means it is environmentally sound. It is to qualify for lead credits for energy. And Joe can explain to you exactly what it means. But it's supposed to be built as a very sound, over, a building exceeding usual construction standards. And maybe used as a model for some future construction standards in areas where emergency shelter is important. MEMBER GOEHRINGER: Where would that be done in that building? MS. WICKHAM: It's in a preliminary discussion at this point. Probably the open area would be downstairs. MEMBER GOEHRINGER: In the basement? Page 7 of 13 Page 8 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing You have a couple of floors. CHAIRWOMAN: Please state your name for the record. CAPTA1N JOE FROHNHOEFER: Captain Joe Frohnhoefer. The lead credits, by the way, are leadership and environmental design and engineering. The building is going to be built, probably to exceed any of the standards, especially in this wind zone. The loading for this wind zone, as you know, is 120 mph. We are just on the tip from Riverhead out. A lot of people are having problems with that. We are going to try to show thrum how to solve it. It's going to be a model building, for environmental design, energy design, we are working with LIPA, we are working with emergency management, NYS and Suffolk County. We are working with a few other people. And our communication setup within the building will be a backup facility for a number of different people. We are looking at redundancy across Shelter Island for our T1 lines. We are doing the satellite stuff from the building. And I can assure you that the antennas for those are extremely small. They have changed those, and the engineering of those has changed tremendously. As you can tell from just the TV dishes, are smaller. These probably will be smaller than that. There's a lot of things that we're looking at working with the government on. And we're exceeding, and quite far ahead right now. On the 20th, I will in Houston at Lockheed, Martin, and Nassau space center. And we are releasing some of our developments down there. MEMBER GOEHR1NGER: Let me just ask a question, Joe, if you don't mind. If the building is an office building on the first and second story, for FEMA to utilize this building as a headquarters, okay, they certainly wouldn't be taking over your area, so you will be utilizing probably the basement? MR. FROHNHOEFER: Yes. We would be, the basement is set up for classrooms. We would be using a combination, our communication system may be taken over. And work with them, hand in hand. MEMBER GOEHRINGER: I understand. In a real significant emergency. MEMBER ORLANDO: Based on a disaster, how much they need. MR. FROHNHOEFER: Based on whatever. We are going to have a generator, 60KW generator, 200 amps to back us up. MEMBER GOEHRINGER: On natural gas? MR. FROHNHOEFER: Most likely, that or propane on the RR track side, in the back, hidden. MEMBER GOEHRINGER: And this building is fully sprinklered? MR. FROHNHOEFER: Doesn't have to be. It's a fireproof building. It has over a 4 or 5 hour fire rating. Just from the nature of it. It's poured concrete inside the insulated ICS, concrete Page 8 of 13 Page 9 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing forms. You're talking about an 8" reinforced concrete wall, 5/8's re-rod, horizontal and vertical. The floors are concrete. There's not a lot in that building that can bum. Just the paper. MEMBER GOEHRINGER: Paper on the 3'd story. MR. FROHNHOEFER: That's about it. And that's in fireproof cabinets. The loading of the floors, I can tell you, is extreme. We're using h re-rod in the eye beams. The eye beams are approximately 8", ! think, across, 8 or 9" inches across, top on bottom. We are actually putting more re-rod into than is called for. The only engineer that's qualified for this is out of up NYS. And he's coming down to work with us on the actual, finished, product. MS. WICKHAM: I think the obvious question for the board is why do we need a building that's that big, which causes the setback reductions. Again, the setback reductions are, we think, on sides that are not as significant. And we are significantly improving the setback distance from the residential and Boisseau Avenue side. But in specific answer to that issue, the building was designed to precisely accommodate the business and represent, really, the minimum space that they've evaluated as necessary in order to house not only their employees, but their computer and office equipment. Their technological equipment, radar, sonar, and satellite tracking as well as the warehousing in the outbuildings for their products, files, and in the 3rd building, #3, some boat configurations. As a result, they really don't feel they have any feasible alternative. If you recall other reasons we are here on this many variances is because it is a comer lot. And it is a narrow lot. So I'd be happy to try and answer any specific questions the board might have. I did, if I could just, I'm sorry, I forgot to mention, Ms. Oliva last time asked a little bit about the employee access to the building in terms of staffing levels at various hours of the day. And I gave you a chart that reflects the fact that this is a while it's a 7 day a week, 24 hour a day building in terms of employees, the staffing for most of that time is quite minimal. The staffing during the peak hours is staggered so that employees will not be coming in and leaving at the same time throughout the day and competing for spaces. So we've spoken twice now, the Planning Board about parking and we're going to be going back there again. We've presented a couple ofplans. But the employees have very carefully mapped out what the office space is designed for. CHAIRWOMAN: Let's see if anyone in the audience has any questions. Is there anyone in the audience who would like to speak in favor or against the application? Or who has more questions about this? MEMBER GOEHR1NGER: I have more questions. CHAIRWOMAN: 1 don't see any hands. You have fairly well gone through the variance aspects both at this hearing and at the prior hearing. Let's see if we have any issues to be resolved. Do you have another question? MEMBER GOEHRINGER: I have 2 more questions, just of Captain Joe, if he doesn't mind. Page 9 of 13 Page 10 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing MR. FROHNHEIFER: Yes sir. MEMBER GOEHR1NGER: You have indicated to us the certain need for this site and I went down and inspected the RR area and I think that's certainly adequate enough to really bring in emergency vehicles and do what has to be done if anything has to be done, god forbid. Hopefully nothing has to be done. Or an access to that area. The only other concern I have are the residents that are on Hummel Ave. and anybody that might hear anything from this building. This is going to be a neighbor-friendly building. MR. FROHNHOEFER: You're not going to hear a pin drop either inside or out. MEMBER GOEHRINGER: We're not going to have any outside, loud speakers. Everything is going to be done by individual radio? MR. FROHNHOEFER: We try to keep it as quiet as we can, and as secure as we can. No. You don't hear anything now. There's no outside speakers. It's not like Agway where you have the PA and call the guys in the back. We can hear them. Or over at Burt's, ! mean that's normal for their business. They are trying to get guys in the yard. We're not working in a yard. We are working in a concrete building with 13 ½" walls all total. And our rating of R50, which exceeds anything you can even get with regular insulation. We are going to probably heat it with a candle and cool it with an ice cube. You're not going to hear anything outside. And as a matter of fact, inside, it's extremely quiet. MEMBER GOEHRINGER: Let's talk about the warehouse buildings. Everything, again, is done by individual radio to the individual employees. MR. FROHNHOEFER: We do everything by phone, inside. We have intercoms, intercom phone system. The phone system alone is $200K. MEMBER GOEHRINGER: So there's not going to be any exterior speakers? MR. FROHNHOEFER: No, not unless she wants to play music at Christmas. MEMBER GOEHRINGER: 1 had another question, but somehow I forgot it. CHAIRWOMAN: Ms. Oliva? MEMBER OLIVA: No, he answered all the questions I had. CHAIRWOMAN: Mr. Orlando? MEMBER ORLANDO: A quick one. I think it's a great structure, and i applaud you for grabbing the tiger by the tail for this project here. Just like I think Jerry tapped on it, I just want Page 10 of 13 Page 11 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing to make sure. Reservations on the 3rd floor, obviously you're going to have air conditioning up there, I would guess, maybe, for the files? MR. FROHNHOEFER: For the entire building because ofthe tightness ofthe building. We have to have air exchange. So we will be heating by air ducts and hot air enforced cooling air. All of the air conditioning will be on the backside by the RR track. It will not be heard, it's extremely quiet. MEMBER ORLANDO: Because that 3~d floor will heated and cooled just for mold control, dampness, etc. MR. FROHNHOEFER: And electronics if we have any electronics up there. MEMBER GOEHRINGER: I have a question. Is there a kitchen in the building? MR. FROHNHOEFER: There is a break room. That's it. There may be a microwave. We're not talking about anything else. No sleeping. You can't sleep on duty. MS. WICKHAM: Just answer a little bit further your question on noise. You recall the 3 buildings are connected internally, so that will minimize outside interference. MR. FROHNHOEFER: Yes, but they are also separated by steel doors. Fireproofwalkways in- between. MEMBER GOEHRINGER: Knowing Capt. Joe's operation, l would assume if he wanted to contact someone, then he would either by radio or telephone. MR. FROHNHOEFER: That's the way we do it. Pagers... CHAIRWOMAN: Seeing there are no other questions, do you have anything else you'd like to add? MR. FROHNHOEFER: I'd just like to, when we get it done, I hope we can get it done, invite everybody down to take a look. Because it's probably going to be the newest technology around. And the most leading stuff in the east end. Also it's going to be an example, we have people from NY coming out to take a look at it because it's that close to being explosion proof. One of the very interesting things we found, just to give you a heads up, is that with the insulated concrete forms, and the fact that it's an 8" poured concrete wall with reinforcing, they set off30 pounds of dynamite 30' away from the building. And they found it did no damage whatsoever. It was absorbed. The impact from the explosion was absorbed by the styrofoam on the blocks. So it was the closest thing they have right now to an explosion proof building. There's a lot of people that are very interested. MEMBER ORLANDO: When's the potential start date? Page 11 of 13 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing Page 12 MR. FROHNHOEFER: As soon as I get approval. MEMBER ORLANDO: How long is the project going to take? A year? MR, FROHNHOEFER: It's not going to take that long. This stuff is like Lego toys. It goes up pretty quick. The biggest thing is going to be the dry time for the concrete, which goes in at 3,000 pound concrete and dries up to 5,000 pound strength because of the cure time. You've got a 2 week cure time. Seeing the form itself and it continues to build strength within the next number of months, I think 6 months, it's up to like 4,800 pounds strength. I was down there cleaning up and doing exploratory scraping to find out what we had underneath. And because every place I dig down there I run into a wall no matter where I scoop down and take a shovel. It's a 24" concrete wall, and I haven't hit the bottom yet. I don't know where it goes. It's deep and there's a bunch of them. There's 3 or 4 of them. This was the old fertilizer factory years ago. And that's all cleaned out. But the concrete walls were so thick, that middle building that exists now, that building, the walls on that are 13 or 14" of poured concrete with 6 abutments inside the basement. I could set off an explosion down there and nobody would even know it. It's unbelievable. CHAIRWOMAN: And it was built that thick? MR. FROHNHOEFER: It was built that thick and the timbers in the basement of that thing are... MEMBER ORLANDO: What's GLF? MR. FROHNHOEFER: Name of the fertilizer company, a long time ago. MS. OLIVA: Why would they build that deep? Because of explosions with the fertilizer? MR. FROHNHOEFER: They used to put the fertilizer in the basements or the buildings, and it would pick up moister and harden, and they'd take little hard sticks of dynamite to blow it up. CHAIRWOMAN: I make a motion to close the hearing so we don't have to transcribe all of this. MS. WICKHAM: There was a point to that historical segway, lfon building #3 they find that this footing, or foundation is a problem, would you object to putting an alternative provision in your decision should you grant what we ask for, to move that building #3 up to, you think 3'? MR. FROHNHOEFER: 1 ½ - 2'. MS. WICKHAM: Up to 2' further north. Page 12 of 13 Page 13 8-7-03 Southold Town Board of Appeals Special Meeting Public Hearing CHAIRWOMAN: Tell you what, Ms. Wickham, here's what I would like you to do. I'd like you to just give us a couple of paragraphs, a synopsis, where it would be exactly, 3' to the north, east, south, west... MS. WICKHAM: As an alternative should construction determine... CHAIRWOMAN: Construction should not remove the remains of the fertilizer factory. MR. FROHNHOEFER: The middle building has a bas~nent. The other does not, strictly a 4' footing, no. You're only talking about a foot, foot and a half. CHAIRWOMAN: I'm going to close the heating pending receipt of letter from Ms. Wickham who will give us the letter by next week, Friday. PLEASE SEE MINUTES FOR RESOLUTION Page 13 of 13 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 92 2:02 p.m. TOWBEE, LLC #5355 - Request for a Variance under Section 100-142, based on the Building Department's February 19, 2002 Notice of Disapproval, amended April 10, 2003. Applicant proposes two new buildings in this LI Industrial Zone District with: (a) single side yard setback at less than 20 feet, (b) rear yard setback at less than 70 feet, and (c) building linear frontage greater than 60 feet for Building #1, having a front setback at a average of 90 feet. Location of Property: 700 Hummel Avenue, Southoid; CTM #1000-63-2-30.1. CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant? ABIGAIL WICKHAM, ESQ: They pronounce is Towbee. And that's their logo if you notice on their trucks. It's a little bee that tows things. BOARD SECRETARY KOWALSKI: Ifl could ask Gail something. The ladies in the office said someone had dropped offmaps. And you were going to pick them up and submit them at the hearing today. Do you have it'? MS. WICKHAM: I have everything. BOARD SECRETARY KOWALSKI: You have it, okay. I just wanted to be sure. MS. WICKHAM: Are you ready? Okay. Good afternoon. CHAIRWOMAN: Just a second. Is there an amended Notice of Disapproval (NOD) on this? MS. WICKHAM: The application to you was made based on an amended NOD. It was amended twice last in April. Yesterday we spoke to Damon at the Building Department (BD). And I understand he was goin~ to be issuing you another NOD, which I haven't received yet on the question of the 3r floor. Have you received that yet? BOARD SECRETARY KOWALSKI: Actually we always require that the applicant or the agent submit that to the board. MS. WICKHAM: Okay. I don't have it yet. BOARD SECRETARY KOWALSKI: It was issued. I believe they did it late yestei-day afternoon. MS. WICKHAM: I don't have it yet. I take it you don't have it. I just wanted the board to be aware that it was coming in. And we're going to have to address that. But it wasn't part of what was advertised or discussed today. I assume, given the nature of this that you may need additional information in any event. Page 92 of 133 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 93 CHAIRWOMAN: Because it will keenly relate to all of the other variances that are being requested ou the property. MS. WICKHAM: Although the extent of it, I believe, is uot as great as you might think· It's only partmlly 3 story. And trying to clariI~ that with the BD now. And it would be storage fhcility. BOARD SECRETARY KOWALSKI: Would you like to check, Gall, with the BD. Or... CHAIRWOMAN: Why don't we just ask if Linda could go quickly. MS. WICKHAM: Captain Joe is going to check. CHAIRWOMAN: I'm sorry to interrupt you, it just was brought to my attention late last night. MS. WICKHAM: I wrote you that letter so it wouldn't be in without you knowing what it was all about, l just wanted the board to be aware. CHAIRWOMAN: l just wanted to see if we have it here and what the specific wording of their denial was. MS. WICKHAM: Would you like me to start with just the rest, because I have a lot of general information to cover. I think you've all seen the property, you're all familiar with the property. It was probably located in the LI zone years ago when zoning came in. Because it's historical use as a lumberyard and a lumber treatment facility. It's obviously located in a mixed use neighborhood. The predominant zoning on the block is hamlet business. The use proposed is actually more like what one would expect in a business zone and office building. Rather than the traditional LI uses. The proposal is for an attractive, modem, self-contained, single user facility by a local business employing local people. The primary use is office with accessory warehouse areas tbr equipment and materials. Attempts have been made to harmonize the appearance with a residential area opposite Hummel Ave., which until now, has had to endure some rather unattractive property. I would like to briefly run through the types of uses, which might be constructive on this property as a contrast to the proposal for an attractive corporate headquarters for the Seatow operations. LI zones permit, and l'm going to run tttrough them very quickly, building materials, storage, public warehouses, contractor yards, cold storage plants, food processing and packaging plants, auto repair shops, machine and equipment workshops, publishing/printing plants, boat building storage and service, laundry and dry cleaning plants, conference facilities, public utilities, truck and bus terminals to name most of them. We have asked East End Drafting to give you a rendition of what the front east elevation of the building would be like. This is the Page 93 of 133 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 94 elevation facing Hummel Avenue. This is a more elongated version of the Hummel Ave. side of thc property, which shows building No. 1. Thc renovated, existing building No. 2, the warehouse, and the proposed building No. 3, which is a storage facility. 1 don't know if you can see them all from there. And obviously we've got a lot of work to do with the Architectural Rcview Committee and the Planning Board (PB) on the actual site. It will be screened. It will be fenced. It will be a self-contained single user facility. 1 just want to tell you, very briefly, a little bit about Seatow. Because 1 was under a misconception myselt~ They do sea rescue and salvage operations, clean up ofoil spills and such as that. They do not dispatch their equipment from this site. This is an office f~acility. It is a facility where they will have some boats but, that need to be outfitted, that's the reason for building No. 3, so that can be done indoors. Building No. 2 will contain equipment and material as well. But they have a large communications fhcility that's very important in coordination with the Coast Guard. They have a l-?anchise agreement with many operators. And the actual dispatch of the rescue and the salvage and cleanup facilities are from shore front locations. Not only on the north fi)rk and Long Island, but actually throughout the country most of whom are by independent operators. So without any disrespect, I think we could possibly liken them somewhat to AAA, more than you local fire department where they are running out fi'om the fhcility with a rescue. So the actual usage on-site will be office usage and a quiet usage. It will be a thcility because of the communications that will be manned 24 hours a day. But we will have a staggered shift operation. Most of the employees are there during the day. We've given the PB that infbnnation. The maximum employees projected on-site during the daytime are 41 people. And they will arrive at different times during the day so that there will not be a traffic impact. During the evening and night shifts, there will only be 2-3 and occasionally maybe l-2 people on the site. And it will be a locked facility so there will not be a lot of traffic running in and out that is not invited. There are no retail sales on the property. It's service and office use. I'm sure you have other questions, Cathy and Joe Frohnhoefer is here today, and Jim Foley with Seatow. I'd just like to go on now ifI could and address the specific variance items. I'm going to address them in order of magnitude of the variance requested. That would mean of course, that I must start with the rear and sideyard setbacks, On building No. 2, which is the existing warehouse and they have the newest map. That's the existing warehouse that's up against the track which will be refurbished. That remains at a setback of 9.10'. The building on Hummel, which is at 0 setback, will be removed. Building No. 3, which is a new warehouse, and building No. 1, the office building, will be proposed at a 5' setback from the railroad, which is fenced. I realize that 70? is the required setback on a comer lot. A non comer lot would require 20'. We ask that you review this project more in terms ofa sideyard than a fron~tyard, a rearyard, given the fact that it is a comer lot and the total lot width at that point in the property, the eastern section of the property actually being the wider, if only 140'. And a reduced yard would be appropriate. The alternatives would be to first reduce the size of the building. And we would like to avoid that because that would provide inadequate work space for the business that they do plan to conduct here. And it would also involve moving those buildings further towards Hummel Ave. to create a bigger setback against the railroad tracks. That would result in loss of parking, because Page 94 of 133 95 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing you'd be moving into that parking area. And also the landscaping area. And it would only serve to give the railroad ROW more ora setback. And there's really not a whole lot out there that we feel is going to be advcrsely impacted by that proposed setback. Until recently that railroad, well recently since they acquired the property, that railroad setback I understand was kind of a mess. And Cathy and Joe did work closcly with the railroad to get them to clean it up and get rid ora lot o£junk and overgrowth in there. And it is much more accessible now. But we submit that the proximity to the railroad tracks does distinguish this property. And suggest that we do a reduced yard variance on that side, which would not create an offense to that neighbor. I'd like to give you a map which shows, as I understand it what the allowable building envelope would be on this property if all the setbacks were employed. And it's kind of odd because when you look at section 100-143, which requires 100' and 70', you end up, the actual size of the LI property only has to be 100x 150'. So how they resolve that as tar as setbacks, I don't know. CHAIRWOMAN: It's a non-contbnning lot. MS. WICKHAM: No, in your LI zone, the minimum width is 100'. The minimum depth is 150'. And yet you have to have a 100' setback from the front, and 70 from the rear. It doesn't add up in terms of what they were thinking about when they wrote the code. But nonetheless we are hem today to deal with what we have. MEMBER ORLANDO: And you have a 95' setback offofBoisseau? MS. WICKHAM: We've got a lot of setbacks, let me get out my chart. Let me take them one at a time. And at first, I'd like to mention that one provision of section 100-143 mentions the fact that you look at the average setback of adjoining buildings. The setback of the warehouse facility on the adjoining property is at -2'. It encroaches into Humrnel Avenue. I don't think the BD took that into consideration. I'm not sure that we should. But that is what the code says. CHAIRWOMAN: I read that. And I also see that they are saying the average setback, oh, what is the average setback, is 90' on Hummels. MS. WICKHAM: Yes. That's correct. That's the average setback whereas the requirement is 100. CHAIRWOMAN: And you are asking for, on Hummels? MS. WICKHAM: 90, as an average. CHAIRWOMAN: But your plan is showing 95, that's... (inaudible) Page 95 of 133 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 96 CHAIRWOMAN: We're talking about Boisseau. From Boisseau MS. WICKHAM: I think the average is 90. You won't see 90 on the ,nap. The average I think is 90. CHAIRWOMAN: He just brought in new maps that we do not, we are not distributing to thc board. BOARD SECRETARY KOWALSKI: Are they the maps, Gaff, that they said that you're supposed to pick up today? They misunderstood you. MS. WICKHAM: I think they were submitted yesterday. The maps that you have and the maps that are going to be submitted have not changed the building location. What has changed is the usage. We had some storage areas that are actually warehouse and the parking computations. But the actual location of the building has not changed. And you will not find 90' on the map, You'll find that is the average if you add up and divide all the setbacks. CHAIRWOMAN: Ijust don't see what he's making reference to. I don't have any copies of that showing that anywhere. MS. WICKHAM: Oh, you didn't bring that. Oh, 1 misunderstood, I'm sorry. You were talking about different maps than I was. The location and setback to the building have not changed, so the NOD would not be effected. What's changed is the parking and some of the landscaping. And those revisions were based on conversations we've had with the PB. BOARD SECRETARY KOWALSKI: The message was that Gail was going to pick them up today and amend them at the hearing. That's why the ladies did not distribute them. We always get the maps the Friday before the meeting, otherwise... MEMBER HORNING: We need one more down here. I have the old one. CHAIRWOMAN: Now we can follow the setbacks you are talking about. Okay, so it is 89. 89 would be the closest on Boisseau. And the closest setback from Hummel is 58. Is that correct? It's where, it's in the area the building is going to be removed. Is that correct? The 5 yard setback, there's no change there? MS. WICKHAM: That's correct. CHAIRWOMAN: And on No. 1, and No. 3. Page 96 of 133 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 97 MS. WICKHAM: Now on Boisseau, thc 89' is at the southeast corner. You can see Boisseau Ave. angles the northeast comer we're at 117.9'. So the average setback off Boisseau is 104' as I compute it, which is in excess of 100' lninimmn. So that to me, is not the most significant issue here. And I just wanted to point that out. May I continue now that we've all got the right maps? Thank you. The setbacks, again, are not out of considerable character from the neighborhood particularly givcn thc size of the lot. I mentioned the long building on the other end of the block, which is 2' into the highway. And that's a very long building. It's actually 340' long. And on this property, there's an existing building E. You will see nothing is happening with that building. That is located at 15.8. That's Mr. Bohn's building fbr contractor warehouse. I'd like to run a little bit, ill may, around the neighborhood. Because it's amazing how many times you go by something, and until you're involved in something like this, you really don't see where buildings are located. The Agway building across Youngs Ave. is located about 20' from Youngs Ave., if you don't count the overhang, which is a sort of awning structure. The Southold Savings Bank building is about 35' from the Youngs Ave. as is the Seatow building which used to be Southold Lumber Yard's office on the comer of Hummel and Youngs Ave. If you go around to the other side of the block to Boisseau, Sufl:blk County Water Authority (SCWA) has a building, which is about 10' from the side yard against the railroad tracks. And while I realize that more than what we're asking, at that point, the railroad ROW is only 30' wide. You can see that from the tax map. Whereas opposite our property, it is 60' wide. And even wider 110', I think, as you go further west. lfyou continue down Boisseau, the Colonial Village has a building, a residential building, which is 35' from Boisseau Ave. And they have a 4-car garage that backs up against the north RR tracks, which has a 4' setback from the RR. And another 1-car garage with agreenhouseof4'. Further back into the center of Colonial Village, which is, again, directly across the RR, they have a 7-car garage and a shed, which appears to be 4' from the line. And a 6-car garage and shed, which is 4' from the rear line, or side yard line. And as you go down, further down Boisseau towards the Main Road, those small, older buildings are only 7 or 8' off the Boisseau Ave. Now they are all pre-existing, they are tiny. But l just thought he board ought to be aware of that character. Also the Southold Savings Bank (SSB), which used to be SSB, has a 3-car garage in the rear comer, which is 5' from the side yard. Some of those buildings are 1- story, but they are not screened. And this is going to be screened and architecturally reviewed, and 1 think that will make a consideration in terms of attractiveness of the buildings. We briefly touched on 100-143A, the 100' setback~ 60' from Hummel is the setback on the main building. Again, if this was not a comer lot, 60' would be well in excess of what was required. Also the building on Hummel will be removed in approximately that same location. So you're going from a zero setback with an ugly concrete black building to 60' with the main building. And I've already discussed the 104 average setback from Boisseau. As to the building length, I'd like to address that next, if I may. That's 100-143C. And the board has previously interpreted this section as pertaining only to one of two sides on a comer lot. The BD decided that, that should be addressed to the longest side, which would be the Hummel Ave. side. Although we have Page 97 of 133 O8 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 3 separate buildings, they will have connectors. So they determine the aggregate length is 220'. However, the length of the 3 buildings themselves, arc 60' for the officc building No. l~ 70' tbr the existing warehousc building No. 2, and 70' fbr the pmposcd storage building No. 3. So building No. I complies, and No. 2 is pre-existing. So we're really only talking, 1 think, about thc 70' on warehouse building No. 3. Now I'd like to explain the connectors. Those are single story hallways, which are being provided to facilitate employee travel between thc buildings. Each building that will be constructed will be safe contained. 1 may need help here, but I understand they will each have separate firewalls that they will qualify as independent buildings. And that the single-story connectors are included merely for convenience so the employees do not have to go out, or bring their material that they will be moving from building to building outside. We certainly would covenant that those connectors would never exceed I-story, but the design was done in order to provide the appearance of 3 separate buildings. And the construction actually accomplishes that. lfyou look at the schematic that we provided before, typically when you get screening and fencing in the front of the building, it really does appear to be 3 separate buildings. Again, I know we have a number of questions that you may want to explore. There are maps here that show the elevations of the buildings that apparently also did not get printed out. But we can leave them for you if you want to distribute them and look at them at your convenience. And they show also the internal layout of the building. Now, let me just mention one other thing. We have met with the PB a couple of times. I know you've received a letter from them. We have discussed with them at length, the question of parking. That's why they have requested a building usage summary, When we last met with them, they indicated that they would certainly be looking at it again, but they seemed to be, to my opinion, or from my reading, somewhat okay with the parking. And we also discussed with them the feasibility and the possibility that there may be alternate or additional parking available should it become necessary and should they deem that appropriate. So we are going to continue to work with them on that. CHAIRWOMAN: We can't address the question of the 3ra story today. MS. W1CKHAM: I know, it hasn't been advertised. C}lAIRWOMAN: A couple of things. One of the things I was a little confused about is the BD had, in one of the NOD's had omitted that, the width of the building was noncompliant on both Hummel and Boisseau based on a prior in}erpretation. But the prior interpretation, i'm sure, said that it required a width of on one street, And in this case, both streets are non-complying, ls that correct? MS. WICK}tAM: I think they were referring or they were looking at the Lieb.,. CHAIRWOMAN: But in that case, one of the streets was compliant. In this instance, both of them are non-compliant. Both of them exceed, one is 222', the other is 80. Page 98 of 133 99 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. WICKHAM: In that case, they had 2 buildings. CHAIRWOMAN: Lieb did, one complied. One did oot. MS. WICKHAM: They had 2 buildings and they were too long on the Cox Lane side. I don't honestly recall if they were both complying on the CR 48 side, but I know that between the 2 of them, they were certainly in excess. But they were separated. CHAIRWOMAN: I'm a little confused about that because this is not the same thing. And it is different. And 1 do recall the interpretation said that the code notes a single street. The presumption, of course, lies on one and is non-complying on both. Which brings me to the next question because it is 220' long. So that's the one that you've been sized on. MS. WICKHAM: If you add all 3 buildings, including the connectors, yes. CHAIRWOMAN: The 3-story building, why did you choose a width of 80'? As opposed to trying to have a 60' wide building in that area. MS. WICKHAM: Because when they evaluated the need for their office facilities, and they have an awful lot of equipment, technical equipment, which is included in cabinets and desk space, that was what they were requiring in tenns of the layout. The number of employees, they have a telecommunications system. They want to provide a cafeteria on site in order for employees to be able to be there and not have to leave. There's a radio room that takes up a certain amount of area. There's a number of handicap bathrooms they need. They just, when they added up all of the facilities they needed, that was the size of the building that they thought was appropriate. The other problem was by the time you get done with bathrooms that you have to have on the roofline, you can only get and then the elevators. When you put the elevator in, that takes up a lot of space as well. BOARD SECRETARY KOWALSKI: I just need to ask your name for the record, for the lady who transcribes. CAPTAIN JOE FROHNHOEFER: Captain Joe. MS. WICKHAM: Joe Frohnhoefer. CHAIRWOMAN: Then maybe I'll just ask Mr. Frohnhoefer another question. I note, on the plans, the plans say the building is 80x60, which would be a footprint of 4800 sq. ft. But on Mr. Sandback's note, he says the building No. I would be 5220 sq. fl. Do you know where the discrepancy is? Page 99 of 133 100 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. WICKHAM: Yes, I can explain that. MR. FROttNHOEFER: Is that sidewalks? MS. WICKHAM: No. lfl could just answer the rest of your question, again, this is not before us today, but this is what we're talking about a 3'~t floor elevation. And as you can see, while this is the 60x80 building, the actual area will be within here, but as you can see a roof that slopes. CHAIRWOMAN: What the actual tbotprint will be. MS. WiCKHA'M: That includes that connector. CHAIRWOMAN: For the addition, okay. MS. WICKHAM: And possibly, there's a little entry on Boisseau Ave. that might also be factored in. CHAIRWOMAN: That is a big, big structure. It looks like SSB. MS. WICKHAM: Oh, it's much more attractive. CHAIRWOMAN: 1 always thought SSB was somewhat attractive. The old one, not the new one. MS. WlCKHAM: Part of the area requirements are based on how many square feet they need for people who are on the telecommunications deployment, which is answering the phone. And they need to have a certain square footage, certain number of people doing that, And that's where that came up. Again, we'll leave the floor plans with you, but I encourage them to pair it down as much as possible. CHAIRWOMAN: The variances are all substantial. MS. WICKHAM: They are substantial variances. There is no question. We are asking you to consider the amenability of... CHAIRWOMAN: Zero building envelope. MS. WICKHAM: The amenability of use to the neighborhood given the zone, the reduced setbacks that many of the other properties do have, and the fact that we will deal with the PB on whatever they feel is the adequate parking constraints. CHAIRWOMAN: The landscaping and so on. Page 100 of 133 101 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. WICKHAM: All that. CHAIRWOMAN: Let's see what, if you're through, let's sec what questions some of the board members have. Mr. Homing. MEMBER HORN1NG: With regards to the proposed parking and the 58 spaces required, are there 58 on here'? And how does a 3'a floor go into effect? MS. WICKHAM: We've already considered that. MEMBER HORNING: What you're calling an attic fight now. BOARD SECRETARY KOWALSKI: Excuse me, could you please speak up? I'm not picking up the answers, could you please use the microphone? Thank you. BRETT KEHL, ARCH: Sorry. Brett Kehl. On the computations fbr the amount of parking space, we did add up all the attic space that was going to be used as storage, and it's one parking spot for 500 sq. ft. MEMBER HORNING: To go over this a little bit, cause you have the building too delineated requiring 4, building 3, requiring 3. The other thing all refers to building 1, does it not? The basement warehouse, Ist floor office, 2nd floor office, and the attic, which may be a 3''d floor. MR. KEHL: Storage. MS. WICKHAM: That's all building 1. So ifl could clarify that for you, the 58 parking spaces that were determined, we are asking the PB to accept a 48 spaces based on the building usage figures that we've given them. We've submitted them an alternate plan that would provide 3 or 4 additional spaces, which we are asking them to hold back on unless it becomes necessary because of traffic flow within, we obviously want to avoid. MEMBER HORN1NG: So the calculated requirements for approximately 58, you are proposing approximately 48, maybe 2 or 3 more, 48-50, possibly? Is that right? MS. WICKHAM: And we are actually one over on building E, and we threw that in for information, even though that part of the project is not changing. MEMBER OLIVA: Gall, did you say that they'd be on staggered schedules? MS. WICKHAM: Yes. The day shift will be coming and going hourly so that probably by the middle of the... MEMBER OLIVA: That great shift of 40-50 cars coming out. Page 101 of 133 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 102 MS. WICKHAM: That's correct. Let me give you that. But 1 only have one copy. I could provide more. 1 think l have it. We spent a fair amount of time in thc PB with this. I'm sure we'll be spending more. Do you have any other questions while I'm... CHAIRWOMAN: The only other thing is, I just noted it. We do have a copyofa NOD that was amcnded June 19th IIOW l just see it was amended June 18th. MS. WICKHAM: One was today, and one was yesterday, right? BOARD SECRETARY KOWALSKI: We didn't get yesterday's yet. MS. W1CKHAM: 1 didn't get either one of them. I don't know, maybe he made a mistake thc first time. 1 can't answer that question. BOARD SECRETARY KOWALSKI: Gail, would you be able to send a letter amending your application to include the relief for the two amended disapprovals'? MS. WICKHAM: Well once I get straight with the BD what the amendment is with respect to the 3~'d story, that is what I intend to do. And that's what my letter yesterday indicated that we would have to do. CHAIRWOMAN: So what we'll do is we'll recess, we'll leave this hearing open. And then when you have an opportunity to advertise for the new issues that have been raised by the BD, then we can take that as well as this same time. MS. WICKHAM: I'll get that in this week ifI have the approval today, I'll try and get it in tomorrow, disapproval. CHAIRWOMAN: Let's see if there are other questions, Mr. Orlando. MEMBER ORLANDO: 1 know Joe personally, Joe and I have similar livelihoods. So, I can tell you in fact that you can never have enough storage when you're doing your emergency response year round, when emergencies do not know holidays or weather or storms or snow. This winter, digging out equipment in the middle of the night is not fun. So I can understand Joe's concern for storage, l'm sure the building I logistics is the major management ofbrm~ch offices and satellites as well as we do. So it's a quiet thing, more than an active thing. But warehouse No. 3 looks like it's for boats, mainly for drivable equipment, boats possibly, kind of... MR. FROHNHOEFER: Mainly for minor maintenance on, if they are ready for franchising... MS. WICKHAM: Outfitting. Page 102 of 133 103 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER ORLANDO: And building 2 is Ibr other spill supplies, or whatever'? MR. FROHNHOEFER: Correct. MEMBER ORLANDO: I personally like thc way you've pulled everything towards the RR, 1 don't think they'll complain about noise. MS. WICKHAM: I also forgot to mention that most of the trucks that come in and out of here are UPS, FedEx type deliveries, once or twice a day. We are not talking about tractor trailer deliveries with any, any kind of frcquency at all. If that was one of your questions. MEMBER ORLANDO: Like 1 was saying, 1 like the way it was pulled back to give Hummel as much space as they can, and the RR, they make enough noise. That's fine. It's pulled offof Boisseau, pretty much. They contribute to the town, I always see them sponsoring something. So, it's nice to have him around. MR. FROHNHOEFER: One thing you mentioned about the sound, the building will actually buffer some of the sound, and cut out the noise from the RR to the townspeople. MEMBER ORLANDO: So you became a sound barrier to them. MEMBER OLIVA: If you're going to be repairing boats and what is it? Building No. ... MR. FROHNHOEFER: We're not going to be repairing boats. MEMBER OLIVA: No, because I was going to say, you'll going to need a real tall building. MR. FROHNHOEFER: No, we just prep them. I think it's 14' high doors. And the highest point is 21'. CHAIRWOMAN: Mr. Goehringer. MEMBER GOEHRINGER: The only thing that really concerns me is how do you fight a fire when you put all the buildings back in that location? That's what concerns me. MS. WICKHAM: ! told you he'd ask that question. I'm ready for that. MR. FROHNHOEFER: We have to have the entrance on both sides, Hummel and Boisseau, to get fire trucks in. We'll also have gained an access from the bypass on the Page 103 of 133 104 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing ROW fi'om the LIRR. So we have access on both sides of thc building. The main building is going to be fireproof: That is poured concrete reinforced, ICF formed. MEMBER GOEHRINGER: Sprinklers? MR. FROHNHOEFER: Unnecessary, it has a longer fire rating than anything we have in town. Thc middle building is all concrete block now, and it will be fireproof: The steel building is of course, fireproof. That was one of my major concerns. There are also extra wells that were put in by Suffolk County, test wells on the property. And we have access to fire hydrants all along the block. So we are pretty well protected, and definitely in the response zone, only a couple of minutes. MEMBER HORNING: Sir, did you say the LIRR will grant you an emergency easement? MR. FROHNHOEFER: They have. We just responded, recently, to a car accident when the train hit the car on Boisseau. MEMBER HORN1NG: Can we get that in writing? MS. WICKHAM: He's referring now to the fire department. The fire department has that access. MEMBER HORN1NG: Oh, the fire department. MR. FROHNHOEFER: We can get it for access, either way. MEMBER HORNING: It would probably be beneficial if you have something directly from the RR regarding this site. If you say you can get that. MEMBER GOEHRINGER: That's the only question I have at this point. It is, it's a very interesting plan. There's no question about it. CHAIRWOMAN: The only other question I have is I just in the plans that you have, you have plans for a lighted sign, external? MS. WICKHAM: Yes. CHAIRWOMAN: That's okay, I just didn't... MS. WICKHAM: That'll go through it's own review. MR. FROHNHOEFER: Ill may explain, this will be a security area. The gates will be closed most of the time. The building will be secured all the time. The entrance to the Page 104 of 133 105 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing building will always be under security. CHAIRWOMAN: Let's see if there's anyone in the audicnce who would likc to speak in favor or against this application. BRIAN HANSEN: I'm not in thvor or against, I'm definitely not against his business and what he's doing on this plan. My name is Brian Hansen. And I live at 435 Hummel Ave. And I have some concerns, obviously, and it has nothing to do with what this plan is in his building there. And I'm definitely not opposed to his business. My concern is to excess traffic on the street. And also there's an entrance and exit about 10' west to my house. And that concerns me too, because I have 3 young children. The traffic on that street is intense as it is. And I'm worried about the safety thctors as well as environmental factors with that. So I'd like the board to consider that when 1, you know, whether you set limits or whatever you're going to do with this. But l need to be up here and I need to express my concerns. And I don't want to waste a great deal of your time. But... CHAIRWOMAN: Let's see. MR. HANSEN: I live on the west side of Hummel Ave. CHAIRWOMAN: So you're in the middle of this site? MR. HANSEN. I'm a little west of the site, you know, I'm west. MEMBER ORLANDO: Down toward the pre-existing site. MEMBER OLIVA: Near Agway. MR. HANSEN: Yes. There's a fence there now that Mr. Frohnhoefer just put, and I spoke to them too, and they just put up a fence. And there's a driveway there, you know, an exit, whatever you want to call it. And that concerns me as well because, you know, this traffic is busy. I'm a little leery of it anyway down there. Another problem is obviously people speeding down the street. But the other thing that concerns me is there's an entrance, exit right there where my house is. I have 3 young children. And that worries me. CHAIRWOMAN: Are we talking about the, Mr. Frohnhoefer, are we talking ab'out the 30' wide privacy gate on Hummel, or are we talking about 3 16'... MR. FROHNHOEFER: Actually what Mr. Hansen is talking about is an opening down by the barn, pre-existing, Southold Lumber barn, where the wall was falling down, we took the wall out and put a privacy fence ali along there and cleaned up and planted that white fence all along there, which we hope is going to grow up nice. It will get covered Page 105 of 133 106 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing up eventually. But we have to have an entrance. And what we did was move the entrance from iu front of the houses down to, unfortunately, down by his house. But before it was an empty lot. There's a tree linc. We havc to have at least one entrance on that side off of Hummels for the lire trucks. Jerry is conccrned, I mcan, l have to have one. Unlbrtunately it wound up down by his place. However, that is going to be a privacy gate, and it is going to be secured. That is not open to public traffic. The mare reason we have it there is strictly i-bt fire access. MR. HANSEN: And I've talked to them about that. And they definitely have good intentions. And they've definitely improved the quality of the neighborhood with the fence and stufflike that. It looks a lot better. But I, you know, I have to go on record with my concerns about this because l think it's important and they are definitely valid as far as l'm concerned with the safely issues. And that street in general is a little wild because everybody cuts across. And I am worried about trucks coming in and out of there. You know, 1 have to say that. That's why I'm here. I have nothing against them personally or their business or anything like that. That's basically all I have to say. Thank you for your time. CHAIRWOMAN: Thank you. We'll take that into consideration. Is there anyone else who would like to speak in favor or against the application? MEMBER ORLANDO: To respond to that, how much more traffic will there be? MR. FROHNHOEFER: As far as we're concerned, there won't be any more. The problem now is that everybody in town is using it as a bypass to get to the post office. And let me tell you, it is a bad lot. It's got to get slowed down. And 1 have a couple of ideas. I'I1 talk to you about getting it taken care of. MEMBER ORLANDO: But your plans don't have a lot more future traffic that you're going to implement on it? MR. FROHNHOEFER: I would say it wouldn't be less. It would be the same or, virtually none. I mean, we don't run up and down the streets. MEMBER ORLANDO: Most of your traffic will be offBoisseau coming in. MR. FROHNHOEFER: Correct. MS. WICKHAM: And once you're in, you're in. They don't go in and out. Except at the end of the shift. CHAIRWOMAN: What would be the next calendar date that would give sufficient time fbr us to advertise for the postings and the whole 9 yards again. Page 106 of 133 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 107 BOARD SECRETARY KOWALSKI: August 7, special meeting. When would you be able to submit all the paperwork? MR. FROHNHOEFER: IfI may, if we can make it sooner. There are some specific reasons as to why. CHAIRWOMAN: Our next regular meeting is on the 24th, and unfortunately, it's overbooked. The next meeting after that would be the Ist. If the height thing hadn't come up, we'd be fine. But I just don't know how we could possibly move it up. MS. WICKHAM: Could you look at the 24th again and see? CHAIRWOMAN: 21 public hearings we have. We are jammed. I simply can't do anything else at this point. You have any other suggestions? BOARD SECRETARY KOWALSKI: We don't have any cancellations. CHAIRWOMAN: 7pm, August 7~h, is that okay'? I'll make a motion to adjourn the hearing until August 7th at 7pm. I'll also make a motion to advertise for the height and other added variances on this. Page 107 of 133 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora George Horning Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax 765-9064 (alt. 1823) http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD INFORMATION FOR ZBA file #5395 and #5355 - TOW BEE (SEA TOW): #5395 was assigned in order to process an amended application for TowBee regarding an additional area variance for the partial third story. The Board rendered its decisions for all relief as filed with the Town Clerk's Office under #5355. Therefore, an additional determination is not necessary for filing separately since it was included in the determination filed under #5355. Thank you. ZBA Staff~ /-' 10-3-03 NOTE FOR THE RECORD Appl. No. 5395 - Tow Bee Gail Wickham, Esq. called and said the three buildings would be connected now, and asked if there would be any problem. ZBA Office confirmed that the plan that was approved permitted the three buildings to be connected, either now or in the future), and there was no need to send a written clarification. FORM NO. 3 NOTICE OF DISAPPROVAL UN 2 3 2003 / DATE: February 19, 2002 AMENDED: June 19, 2003 AMENDED: June 18, 2003 AMENDED: March 10, 2003 AMENDED: April 10, 2003 TO: East End Drafting & Design A/C Tow Bee LLC PO Box 1675 Southold, NY 11971 Please take notice that your application dated January 30, 2002 For permit to construct two new buildings at Location of property: 700 Hummel Avenue, Southold, NY County Tax Map No. 1000 - Section 63 Block 2 Lot 30.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 74,052 square foot lot, with two front yards, in the LI District, is not permitted pursuant to Article XIV, Section 100-142, which states~ '~No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." In the LI District, bulk schedule requires minimum single side yard setback 20 feet, a minimum rear yard setback of 70 feet and a maximum of two stories. Plans note a side yard setback of+/- 5 feet for both proposed buildings (#1 and #3), a +/- 6-foot rear yard setback for building #3 and a portion of the building notes a third story. In addition, the proposed construction, on a property with two front yards, is not permitted pursuant to Article XIV, Section 100-143.A. and Section 100-143.C., which state, "Structures shall be set back at least one hundred (100) feet from the fight-of-way," and "A proiect shall be divided into separate structures so that no single structure shall have more than sixty (60) linear feet of frontage on one (1) street. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way." The proposed construction notes a +/- 60 foot setback (building #1) from the right of way (Hummel Avenue) and notes 220 feet of linear frontage on Hummel Avenue and +/- 80 of linear frontage on Young's Avenue. In addition, the average setback, including existing structures is 90 feet. This Notice of Disapproval was amended on March 10, 2003, to reflect a new site plan, submitted by the applicant. This Notice of Disapproval was amended on April 10, 2003, to reflect ZBA interpretation #4708, dated July 22, 1999. As a result, references to linear frontage on Boisseau Avenue have been omitted. This Notice of Disapproval was amended on June 18, 2003, to reflect construction drawings submitted to the building department on June 18, 2003. This Notice of Disapproval was amended on June 19, 2003 to address the issue of linear frontage on Young's Avenue. Note to Applicant: Any change or deviation to the above referenced application, following any ZBA de~/'re further review~thold Town Building Department. "- Autho'd~d'~re CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ~ '; i For Office Use Only Office Notes: Parcel Location: House No. 700 Street Hurcamel Avenue Hamlet So_uthold SCTM 1000 Section 63 Block 2 Lot(s) 30.1 Lot Size74,053sfZone District LI I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: February 19,2002, amended March 10.~O0~and April 10,2003 Applicant/Owner(s): TOWBEE, LLC c/o Abigail A. Wickham, Attorney Mailing Address: P.O. Box 1424, Main Road, Mattituck, New York 11952 631-298-8353 Telephone: Authorized Representative: East End Draftinq and Desiqn Address: P.o. Box 1675, 8outhold, NY 11971 Telephone: 631-765-1862 Please specify who you wish correspondence to be mailed to, from the above listed names: {~ Applicant/Owner,s) [] Authorized Representative [] Other: (Abigail A. WicKham) WHEREBY +HE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1/30/02 FOR: ~ Buiiding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [2] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xzv Section 100- 142 Subsection and Bulk Schedule ~43 A and C Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map, [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] has 8 has not been made with respect to this property UNDER Appeal No. Year /~~~_~L ~' - ?or 0 c~ Use n! 1 Parcel Location: Bouse No. 700 Street Hmel ~venue Hamlet Sourhold SCTM 1000 Section 63 Block 2 Lot(s) 30.1 Lot Size_74,053sfZone District I 0YE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: February 19,2002~ amended Harch 10~2003and ~pr±l 10,2003 and June 18/19, 2003 Applicant/Owner(s):. TOWBEE, LLC c/o Abigail A. Wickham, Attorney Mailing Address: P.O. Box 1424, Main Road, Mattituck, New York 11952 Telephone: 631-298-8353 Authorized Representative: East End Draftinq and Desiqn Address: P.O. Box 1675, Southold, NY 11971 Telephone: 631-765-1862 Please specify who you wish correspondence tb be mailed to, from the above list.ed nam,es: ~ Applicant~Owner(s) [3 Authorized Representative [] Other: (Abigail A. Wic~ham) V~HEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1/30/02 FOR: [lI Buiiding Permit [3 Certificate of Occupancy O Pre-Certificate of Occupancy [3 Change of Use [3 Permit for As-Built Construction {3 Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xxv Section 100- 142 Subsection and Bulk Schedule 143 A and C Type of Appeal. An Appeal is made for: iR A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [3 has [] has not been made with respect to this property UNDER Appeal No. Year Page 2 o! 3 - Appeal Application RECEIVED JUN ?., 3 7_OO3 Part A: AREA VARIANCE REASONS (aHach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: The reduced setbacks and e×tended building length are common in the neighborhood: SCTM # 1000-63-3-1.2(across Boisseau); 63-2-28(Seato as well as the existing building on this property. The smallest setback is against the railroad. See also, A~way, (60~1~.5) and ~.e. ~o~mer ~puthq~d Savings o~fiGg bug~dig~(/~0-2-10 4 (2) The benefit sough} Dy the applicant CANNOT De acnleveaDy some mernoareas~mle ~o~ .ne ' applicant to pursue, other than an area variance, because: the lot is narrow and the corner lot andLI zone setbacks are impossible to meet with enough room for a reasonable building area {3) The amount of relief requested is not substantial because: The bnidlings do not exceed lot coverage limits and sufficient parking is planned. While the building length along Hummel Ave. totals 220 feet. there are actually three separate buildinms, whose lengths are 60 feet (conforming). 70 feet ~existi~g ~ullding),an8 .~0 f~et, w%t~ hal%way cor&n~ctions (4) The vadance will NO~ have an adverse e,ecz or Jmpac~ on the pnyslca~or environmental conditions in the neighborhood or dJstTJct because: A building within a few feet of Hummel Avenue will be removed and the property will be screened and its appearance will be greatly improve (5) Has the variance been self-cma}ed? { ) Yes, or (x) No. If not Is the construction existing, as built?. ( ) Yes, or (x } No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (affach extra sheet as needed) The current business has boats lmmmtmd n,,tm~dm Th~ ~ n~ eh~ storage bL'i!ding£ is in large part necessary to accommodate those boats indoors, where they can properly outfitted and supplied for their purpose in rescue and salvage operations, which* This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safely, and welfare of the community. *require immediate response despite the time of day or night or the external weather conditions. { ) Check this box and complete PART B, Questions on nex} page to apply USE VARIANCE STANDARDS. (Please consul} your aflorney.) Q~erwise., pi,ease proceed }o }he si.qnafure and notary area below. S~gX~re of-Appellant or Authorized Agent - Sw. orn fe before me }his (Agent must submit Authorization from Owner) (4~'otary Public) ** See addtional Part A for 100-142 third story. DONNA MoGAHAN Nota~.Publlo, State M New Yo~ NO. 01M04851459 7mA App 9/30/02 ~o Qualified In Suffolk County remission Expire8 Aug. 18, Page 2 of 3 - Appeal Application JUN :{ 2003 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment fo nearby properties, If granted, because: Building appears as a two story building with peaked roof, and the third story is an internal storage facility for records of the business. It extends to less than 50% of the third level of the building. It will not result in increased personnel or traffic t.o. the site. (2) The benefit sought by the applicant CANNOn be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Applicant' s need for storage at its corporate headquarters necessitates the third floor area. The attic is deemed a third story because elevator access is provided to permit handicap access by employees and easier transport of files. (3} The amount of relief requested is not substantial because: The space is essentially attic space which is deemed a story by definitional criteria and as ~ result of elevator acces which is provided to .fa~ilitate access. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The shape of the building would not change if the third floor were closed off as an attic. (5} Has the variance been self-created? ( X ) Yes, or ( ) No. If not, is the construction existing, as bullf? ( } Yes, or (x) No. (6) Additional Information about the surrounding topography and building areas that relate fo the difficulty In meeting the code requlremenM: (affach extra sheet as needed) This building will conform to New York State Building Code and is permitted under that code as a three story building. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safely, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page fo apply USE VARIANCE STANDARDS. (Please consult your attorney.) Ofker~vise, please proceed fo the si.qnafure and notary area below. ~--v"J~..~.~ Signafure/~f Appellant o~ Auf-horiz-'~'Agenf Sworn fo beige me fhis~ 5,/~'~' (Agen~nusf submti Authorization from Owner) day of _~..,,~80s ZBA App 9/30/02 PROJECT DESCRIPTION (Please include with Z.B.A. Applicatiou) Applicant(s): TOWBEE, LLC If building is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and overall square footage of extensions beyond existing buildin~[ 20x 15 & Dimensions/size: 1) Off±ce - 80' x 60' 2) Storacte 40'x 70' 3) wa]lc~ay~ -24'x5 Square footage: 1) 5220 sf. (2 story 10.440~ 2) ?..qcm sf 3) 1,407 sf B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: Office and Storage W. Additional information about the surrmmding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Narrow corner lot V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. - See Attached. 7/02 Please note' Further changes, after submitting the above information, must be placed in writing and may require a new No,ice of Disapproval to show changes to the initial plans. [f additional time i.r needed, please contact our office, or please check ~vith Building Department (765 ]802) or ,4Fpeah' Department (765 1809) !f you are not sure. Thank you AMENDED June 20, 2003 QUESTIONNAIRE FOR FILING WITH YOUR Z:B:A. APPLICATION A. Is the subject p[emises listed on the real estate market for sale? [] Yes ~ No Are there any proposals to change or alter land contours? [3 Yes lB No 1) Are there any areas that contain wetland grasses? NO 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? JUN g 3 2003 , 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Tmstces for its determination ofjurisdietion? Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "n/a'~.) Are there any patios, concrete barriers, bulkheads or feaces that exist and are not shown on the survey map that you are submitting? No (If none exist, please state Do you have any constmetion taldng place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by thc Building Department. If none, please state. Do you or any co-owner also own other land close to this parcel? Yes where or submit copies of deeds. $CWM # 1000-63-2-28 If yes, please e~plain Please list present use or operations conducted at this parcel Storage/~on!:_ra.ctor ' s yard and proposed use Office and Storage for owner/occupant. of marin~towim~ & salvage arid communications business. AuthOred Signature and Date AMENDED June 20, 2003 Appendix C State Environmental Quality Revtew SHORT~NVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT. INFORMATION (To be completed by Applicant or Project sponsor) .. TOWBEE~ LLC I Sea Tow Corporate Headquaters · 700 Hummel Avenue Southwest corner Hummel Avenue and Boiss~au.[Av~nue Southold, NY 11971 SCTM # 1000~63-2-30.1 6. DE~CRII&E P~E~ Construction of. office building 60' x 80', and storage building, 40' x 70', Removal of existing building, close to Hu~el Ave. ~o new buildings will be connected to an existing storage building via enclosed walkways.'Attic with elevator access deemed third story. 7. AM~HT OF ~0 AFFE~ ~la~ 77 000 sf ac~es U~lmale~ s~e,., e. ~L PRO~ED A~ON ~MPLY WITH ~NG ZONING OR OTHER ~TING ~NO USE RESTR;~IONS? ' ~Yea ~NO I/No. des~ee~f~Variance - building width, front, rear and sideyard O~,c.~.: mixed residential, industrial and co~ercial. ~ __ ~,~ n~NO i(~%~de.~,u~em~al$ Southold Town Building D~pt. - Building Suffolk County Dept. of Health Services - water/sanitary approval U Ihe action Is in the Coastal Area, and you are a slalo agency, complete · Coasja! Assessmept Form before procoedlng wilh this assessment OVER TO: Tro~NSACTIONAL DISCLOSURE FL P:3~3 The Town 9f Southold's Code et Ethics pmhd>:ts_coMhcls of inte~sl on_the pall of ~il~_d employees, ThO ~f this form i.%to p~ovide.infmmation. ?hicl, can .alert the Town pp~®aflic_ts of!n~allvw it to take whatever aerie, is _n~to avoi~l same YOUR NAME; 'row~zE, LLC. By. taler..3oseph J. F~ohn.hoefer~Z~ber __ (Last name, first name, nfiddlc initial, unless you arc applying in the n~lo of someon~ ~lsc or o~cr entity, such as a ~mpany If so. mdicatc th0 o~er per,on or company nan~e..) NATUI~.; OF APPLICATION: (Check all that apply.) Tan Grievaaev V~nanc~ x Clmnge of Zone ~ Approval of Plat Exemption from Plat o~ Official Map Other lf"Other', name the activity: Site Plan you pcrmnally, (or ~hrough your cmnpm,y, ',pousc, sibling, pa~ant, or child) have a rdatiol~nhip with any o~ ¢~r ~ployce of ~e Town of Southold7 "Rdanon~hip" in~ludes by bl~, ,nard~, or business interest. "Buninc~s intercO" mc~,s a busu~s8, ~cludm~ a partnership, in which ~e Town offigr m employ~ has evm a p~ial owigrshlp of (or omplo~ncn~ by) a col'portion m which ~ Town offi~r ur employee owns inor~ than 5% of ~o YES NO x If you annwercd "YES". complete the balance ofthi~ fbn,, mid date and sign where indicated. Name of person cmploy~ by Iht: Town ur Sonthold: Title ut position of that pemon: Describe that relationship between yeW:self (tho applicant) and Ibc Town offiCer or vmployee. Either check th{~ appropdat~ linc A throu~ l) (below) ancot de~c, il~ the relationship in thc space provided Thc Town officer or employcl: o~ his or }.:t spouse, sibling, parc. at, or child is (cheek all that apply). A) the o~er of gleater th~ 5% of the ~lsa~cs of the cmpornte ~ock of the applicant (when the applicant is a co~cu ation); ..~ B) the legal or bctlcfici~ omct of any interest m a non-c&rpora~ cnuty (when tim applicma i$ not a ~rpmatton); ~ C) an officer, ducctor, patmcL or employ¢o oftl~e applicant; or D) the actual applleant DESCRIP'IION OF KELATIONSHIP Sub~mtt~ flus ~ day oF~.._.~ 2oo % Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/28/03 Transaction(s): Application Fees Receipt#: 9650 Subtotal $600.00 Check#: 9650 Total Paid: $600.00 Name: TOWBEE, LLC 700 Hummel Ave Southold, NY 11971 Clerk ID: LINDAC Internal ID: 73916 Z ? PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTttOLD P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Date: February 26, 2004 To: Ruth Oliva, Chairwoman Zoning Board of Appeals From: Jerilyn Woodhouse, Chairperson Planning Board Re: Request for comments on Towbee SCTM# 1000-63-2-30.1 Appeal # 5492 In response to your request for comments, the Planning Board reviewed the aforenoted appeal at its February 25th work session and determined the following: The Planning Board sees no inherent problems with two tenants on the subject site where both tenants are the using designated storage space as storage space, even though the tenants are separate businesses from the principal business. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF $OUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant December 8, 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Site Plan for Sea Tow Corporate Headquarters SCTM#: 1000-63-2-30.1 Location: 700 Hummel Avenue, Southold, NY SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed site plan is for Sea Tow Corporate Headquarters and includes a new 19,540 sq. ft. three-story office building (Building #1 ), renovation of an existing 3,519 sq. ft. warehouse (Building #2), a new 2,800 sq. ft warehouse (Building #3), a loading dock of 696 sq. ft. and an existing building with 9,105 sq. ft. of warehouse (Building E) on a 1.7693 acre parcel in the LI Zone located at the intersection of Hummel Avenue and Boisseau Avenue, on the southeast corner, in Southold. SCTM#1000-63-2-30.1 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQR Negative Declaration - Pa.qe Two There has not been any correspondence received from the Town of Southold Building Department, Town Highway Department, Town of Southold Trustees, Town of Southold Zoning Board of Appeals, or Southold Town Board in the allotted time. Therefore, it is assumed that there are no comments or objections from these agencies. There has not been any correspondence received from the Suffolk County Department of Planning in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The correspondence received from the Department of Health Services Office on November 21,2003 stated no objection to the Town of Southold assuming lead agency status. The applicant has made an application to SCDHS, Reference Number c10-03- 0013 and will require approval from Suffolk County Department of Health Services prior to final Planning Board approval. Therefore, it is assumed that there objections from that agency. There has not been any correspondence received from the Suffolk County Water Authority Office in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The correspondence received from the Suffolk County Department of Public Works on July 29, 2003 stated this department has no objection to the Town assuming lead agency status. The applicant will have to comply with the requirements of Suffolk County Department of Public Works curb cut permit process as required. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Bruno Semon, Senior Site Plan Reviewer Address: Southold Town Planning Board Telephone Number: (631)765-1938 (x 229) CC; Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board Southold Superintendent of Highways Suffolk County Planning Department Suffolk County Department of Health Services Suffolk County Water Authority LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. WILLLIAM WICKHAM (06-02) ERICJ. BRESSLER ABIGAIL A. W1CKHAM LYNNE M. GORDON JANET GEASA 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 63 b298-8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW RI) SUITE I I 1 MELVILLE. N. Y, 11747 631-249-9480 FAX NO. 631-249-9484 August8,2003 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Towbee, LLC - Variance SCTM # 1000-63-2-30.1 AUG 2 6 2003 Ladies and Gentlemen: As requested at the hearing, we request an approval of the setbacks as applied for, but with approval for an alternate location for Warehouse Building number three (3) should subsurface conditions require same. The revised location would entail setbacks of (a) a rear-yard setback of from five (5') feet to up to eight (8') feet from the rear line, reducing the front yard setback from Hummel Avenue correspondingly (to not less than 94' 9") While it is expected that these subsurface conditions will be resolved by the engineer, enabling the building to be located as in the original plan, this alternate provision will avoid the necessity of coming back to your Board with a reduced front yard setback should this slight relocation of the building prove necessary. Thank you for your consideration. AA lE/Ib I/shdzba Very truly yours, //1 / ./JZ .., 5;/7;/~Z -- / ~ / ~b~ail A. Wickham W1LLLIAM WICKHAM (06-02) ERIC J. BRESSLER AI31GAIL A. WICKHAM LYNNE M. GORDON ~.~-~- LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND MELVII,LE OFFICE NEW YORK 11952 275 BROAD HOI,LOW RD SUITE I 11 .... ~E.VILLE N. Y 11747 JANET GEASA .~'~ , 631-298-8353 ~~, ~ '~~7 /'~?[ /TELEFAX NO. 631-298-8565 Town of South01dZ6ning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 631-249-9480 NO. 631-249-9484 Re: Towbee, LLC - Variance SCTM # 1000-63-2-30.1 Ladies and Gentlemen: Enclosed are Full Occupancy charts which will be discussed at the hearing tonight, together with a letter of support from the U.S. Coast Guard. Also enclosed are copies of the site plan and third floor plan. AA 1I'Tdm I/shdzba encl Very truly yours, Abigail A. Wickham AUG 2003 Sea Tow Services International Corporate Headquarters Full Occupancy Staffing Levels First Floor: Call Center (15 Seats + 3 Supervisors) - call center is open 24 hours a day, 7 days a week using staggered shifts. Since operation is 7 days a week, not all seats are used on a daily basis. 12:00 AM - 8:00 AM 1 8:00 AM - 4:00 PM 4 9:00 AM - 5:00 PM 4 10:00 AM - 6:00 PM 4 4:00 PM - 12:00 AM 2 6:00 PM - 2:00 AM 1 Receptionist I 9:00 AM- 5:00 PM [ 1 I Dispatch (5 Seats) Since operation is 7 days a week, not all seats are used on a daily basis. 8:00 AM - 4:00 PM 2 4:00 PM - 12:00 AM 1 12:00 AM - 8:00 AM 1 Second Floor: Management, professional staff, secretaries, bookkeepers will occupy the second floor. It is assumed that this staff will all be present 9:00 AM to 5:00 PM. Management 7 Secretaries 3 Bookkeepers 4 Professional Staff 7 Basement & Building Storage: It is estimate that there will be 5 inventory & shipping clerks working in these areas, predominately 9:00 to 5:00. Parking Spots Needed AUG AUG ? 2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 7, 2003 RE: Zoning Appeal No. 5395 Transmitted herewith is Zoning Appeals No. 5395 - TowBee LLC - Zoning Board of Appeals application for variance. Also included is two (2) letters from Abigail Wickham, notice of disapproval, SEQR form, ZBA questionnaire, and a survey. DEPARTMENTAL MEMO RECEIVED JUL - Soutltold Town Clerk TO: FROM: DATE: SUBJECT: Town Clerk Elizabeth A. Neville Office of the ZB/~ June 27, 2003 ~, Filing of Appeal #5395 - Additional Variance (TowBee LLC) Please assign the above number to the attached Appeal Application. This application was filed as an amendment as recommended during Board discussions at the June 19, 2003 public hearing for this property. No additional filing fee is due because the maximum was paid while the original Appeal #5355 is being processed. Thank you. Enclosures (complete file as of 2/21/02 for processing) ERIC J. BRESSLER ABIGAILA. WICKHAm LYNNEM. GORDON JANETGEASA LAW OFFICES WICKHAm, BRESSIER, GORDON ~ GEASA, p.c. i3015 MAIN ROAD, P.O. BOX 1424 MATtITUCK, LONG ISLAND NEW YORK 11952 631-~98-8353 TELEFAX NO, 631-~98-8565 wwblaw~aol,com June 20,2003 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Towbee, LLC - Appeal No. Amended Variance to Include 3ra Story Variance Setback and Building Length Variances 700 Hummel Avenue, Southold, New York SCTM# 1000-63-2-30.1 WILLIAM WICKHAM (06-02) M ELV{LLE OFFICE 275 BROAD HOllOW ROAD SUITE Iii MELVfLLE, NEW YORK II747 JUN 2 2003 Ladies and Gentlemen: We enclose the following papers, in seven sets, for an amended variance to include third story building level. The applicant proposes to construct its attic space, comprising 2,000 square feet, with access by elevator so that the files and materials to be stored in the attic can be more easily accessed and transported. No offices or work space will be permitted in this area. We have been advised by the building department that the method of access proposed renders the third level a third story. 1. Copy of Notice of Disapproval last amended June 19, 2003; (please note the only different between 6/I8 and 6/19 is the building length on two streets as opposed to one street). 2. Amended Application to Southold Town Board of Appeals; 3. Amended Short Environmental Assessment Form; 4. Amended Questionnaire for Filing ZBA Application; 5. Receipt from Building Department (original set only). Thank you for your consideration. 30/shdzbava encl, AA W/dm Very truly yours, \ ' Abigail A. Wickham ERIC J. BRESSLER ABIGAILA. WICKHAM LYNNE ~. GORDON JANET GEASA LAW OFFICES 2003 13015 MAIN ROAD, P.O. BOX 14;~4 MATTITUCK, LONG ISLAND N -w ','o R K 2 .......... 1 631-298-8353 2?5 BROAD HOLLO~F;~OAD TELEFAX NO. 631-298-8565 SUITE Iii wwbJaw@aol corn June 20, 2003 Town of Southold Building Department Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Towbee, LLC - Amendment for 3ra Story Variance Setback and Building Length Variances 700 Hummel Avenue, Southold, New York SCTM# 1000-63-2-30.1 Gentlemen/Ladies: Enclosed is a copy of the amended variance application being submitted today in this matter, pursuant to your previous Notice of Disapproval. Please sign the bottom of the attached copy of this letter to evidence receipt. Very truly yours, Abigail A. Wickham AA W/dm 30/sshdbdl Received ondune , 2003 Southold Town Building Dept. ay: LAW MAIN RGAD, P.O, BOX I424 MAT'VITUCI(. LONG ISLAND ER. lC J. BRESSLER ABIGAIL A, WICKIqAM LYNNE M. GORDON' 631-298-tl35'.t TEI_.EFAX NO, 631,298.8565 ~blaw~aol.com WILl,lAM WICKHAM ({36-02) 2?$ r3ROAD HOLLOW ROAD SU1TE 111 [MELVILLE. MEW YO~K 1174~ 631-~49-948fl 'l ~LEFAX NO, 631-249,9~4 Jtme 18, 2003 Town of Samhold Zol~ing Board ef Appeals 53095 Ma{n Road, Post Office Box 1179 Southold New York 11971 Re: Towbee, LLC - Setback and Building Length Variances 700 Hummel Avenue, Southold. New York SCTM# 1000-63-2-30.1 Ladies and Gentlemen: As a result of a. meeting with the Building Depamncnt, we have been advised that although, a~ [ understand it, the building meets NYS standards for ~ third story, that the storage space provided in the 'appermest level of the office building meets fl,.e Town's definition ora third floor and a variance from your Board w/Il be required. We have asked tko Building Departmeat to amend the Notice of Disapproval and forward it. to you.. Wa ,anticipate addressing the current variance requests for setback and building length at the heating tomorrow We will request a. continuation of the matter to allow a new he~ing data to ~tccommod~m addJfio:ml information the Boy. rd may request a~er hearing the initial presentation tomorrow, as well as to a!tow time ~'or ~ to ~letld our appEcation and have fl~e smmc readve~ised and aotic~ on the fl2ird floor aspect. , We aim underst,~.nd you haxe received correspondence from tim Planning Board. Very cml)' yours, ~ Wickham '- ' /-~LANNING BOARD MEMBERS ~/ BENNETT ORLOWSKI, JR.Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MAJ~T IN SIDOR P,O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMORANDUM Date: To: From: Re: JUN 1 8 2003 June 16, 2003I Mrs. T or to ra, Chairw'~ ~-~fJ~tJof Appeals d/~ Bennett Orlowski, Jr. Chairman of Southold Town Planning Boar Appeal # for TowBee ( Sea Tow) proposed construction Southold, N.Y. SCTM: 1000-63-2-30.1 In reference to memo request for information dated June 11, 2003. The Planning Board (PB) held a work session on June 16, 2003 and would like to offer the following comments and concerns. The PB is currently reviewing a preliminary site plan for this project. Please note that the applicant has not paid a fee - thus the PB does not have an application before it. 2. The proposed site use appears to be appropriate for the zone and will need to be certified by the Building Inspector for the site plan approval. 3. The parking as proposed will not meet the requirements of the Town code and will need to be improved for final approval. Please keep us up to date on the project. Thanking you in advance. Cc: file,vs, pb, ZBA, MV (BD) APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringcr George Homing Ruth D. Oliva Vincent Orlando TOWN MEMORANDUM BOARD OF' APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TO: FROM: DATE: SUBJECT: Planning Board Lydia A. Tortora, Chairwoman, Zoning Board of Appeals June 11,2003 TowBee (Sea Tow) Proposed Construction 63-2-30.1 This memo is sent as a request for comments regarding the above reviews pending with Town Departments. Presently, The Board of Appeals is reviewing an Appeal of the Building Department's April 10, 2003 Amended Notice of Disapproval requesting Variances. The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The relief requested before the Board of Appeals is for two new buildings in this LI Industrial Zone District with: (a) single side yard setback at tess than 20 feet, (b) rear yard setback at less than 70 feet, and (c) building linear frontage greater than 60 feet for Building #1, having a front setback average of 90 feet. Location of Property: 700 Hummel Avenue, Southold. Your comments regarding this pending application are requested. The public hearing on the variance requests has been advertised for June 19, 2003. By way of a copy of this letter, we are also asking the applicants' attorney to contact your Department regarding an updated pre-submission conference and requested comments. Thank you. Encls. cc: Abigail A. Wickham, Esq. Fax #298-8565 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk April 28, 2003 Zoning Appeal No. 5355 Transmitted herewith is Zoning Appeal No. 5355 of TOWBEE, LLC by Abigail Wickham for a variance. Also included is: letter of transmittal by A. Wickham dated April 24, 2003; Project Description; Short Environmental Assessment Form; Applicant Transactional Disclosure Form; ZBA Questionnaire; Notice of Disapproval dated February 19, 2003, amended March 10, 2003 and April 10, 2003; six photos; letter of authorization; copy of tax map; and site plan. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG iSLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEWYORK 11747 631-249-9480 TEEEFAX NO. 631-249-9484 April 24, 2003 Town of Sonthold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Towbee, LLC- Setback and Building Length Variances 700 Hummel Avenue, Southold, New York SCTM# 1000-63-2-30.1 Ladies and Gentlemen: We enclose the following papers, in seven sets, for variance for insufficient yard setbacks in the front, side and rear, and for building length, on this comer lot in the L1 Zoning District. The applicant proposes to construct business offices and storage facilities for its own use in its business of sea rescue, towing and salvage. It is currently operating on the adjoining property on Young's Avenue, formerly occupied by Southold Lumber Company, and has outgrown these facilities. 1. Copy of Notice of Disapproval dated February 19, 2002, amended March 10, 2003 and April 10, 2003; 2. Application to Southold Town Board of Appeals; 3. Short Environmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Form; 6. Project Description and photos; 7. Site plan showing proposed and existing buildings. 8. Appeal fee of $600.00; 9. Copy of the tax map; 10. Receipt from Building Department (original set only), I 1. Consent of Owner. Please note that Existing Storage Buildngs D and E as noted on the site plan map are not involved in this application except to the extent they are located on the same tax map parcel. No changes are proposed for those buildings. 30/shdzbava encl. AA W/dm Very truly yours, Abigail A. Wickham ./ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of TOWBEE, LLC CTM Parcel # 1000-63-2-30.1 JUN 1 0 2003 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK: :SS.: COUNTY OF SUFFOLK: Loann Bridenhagen, being duly swom, deposes and says: On the 6th day of June, 2003, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to cttrrent owners shown on the current assessment roll verified from the official records on file with the Suffolk 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, as follows: Ms. Sandra Baldwin 84 Stockyard Drive Mastic Beach, New York 11951 CTM 1000-63-2-18 Mr. Edward Boyle 77 Hummel Avenue Southold, New York 11971 CTM 1000-63-2-22 Colonial Village At Southold, Inc. 40 Boisseau Avenue Southold, New York 11971 CTM 1000-63-3-27.2 Mr. C. Steven Hall 61 Hummel Avenue Southold, New York 11971 CTM 1000-63-2-19 Mr. & Mrs. Jean Paul Hascoat 875 Hummel Avenue Southold, New York 11971 CTM 1000-63-2-24 Ms. Mary Jarusiewic P.O. Box 472 Southold, New York 11971 CTM 1000-63-2-21 LIRR - Legal Department Attn: Mary Jennings Mahon Jamaica Station Jamaica, New York 11435 CTM 1000-63-2-31 Mr. & Mrs. William Penney 2200 Hobart Road Southold, New York 11971 CTM 1000-63-2-20 Mr. & Mrs. Paul A. Reinckens 1065 Hummel Avenue Southold, New York 11971 CTM 1000-63-2-25 & 26 Mr. & Mrs. Martin F. Taeschler, Jr. 1746 1st Avenue, Apt. 5H New York, New York 10128 CTM 1000-63-2-27 Suffolk County Water Authority 4060 Sunrise Highway Oakdale, New York 11769 CTM 1000-63-3-2 c~worn to before me this day of Jun% 2003 21.' affmaih Vega Family Trust 68-32 60th Street Ridgewood, New York 11385 CTM 1000-63-2-23 AMY M, BEASI&'Y NOTARY PUBUC, State of Ne~y~ No, 01 BE5039767 Qualified in Suffolk County Cnmmis.qion Ex,oires Fe~ruarV27o ~9 '7 NOTICE JUNE 19, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, June 19, 2003, at the time noted below (or as soon thereafter as possible): 1:40 p.m. TOWBEE, LLC #5355 - Request for a Variance under Section 100- 142, based on the Building Department's February 19, 2002 Notice of Disapproval, amended April 10, 2003. Applicant proposes two new buildings in this LI Industrial Zone District with: (a) single side yard setback at less than 20 feet, (b) rear yard setback at less than 70 feet, and (c) building linear frontage greater than 60 feet for Building #1, having a front setback at ah average of 90 feet. Location of Property: 700 Hummel Avenue, Southold; CTM #1000-63-2-30.1. 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 call (631) 765-1809. Dated: May 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals LEGAL NOTICE AUGUST 7, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS 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 SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 7, 2003: 7:00 p.m. TOWBEE, LLC #5395 - Amended Request for Variances under Sections 100-142, 100-143A, and 100-143C, based on the Building Department's February 19, 2002 Notice of Disapproval, amended June 19, 2003. Applicant proposes two new buildings in this LI Industrial Zone District with: (a) side yard setbacks at less than 20 feet, (b) rear yard setbacks at less than 70 feet, (c) building linear frontages greater than 60 feet along two front yards facing Hummel Avenue and Youngs Avenue, with a setback average of 90 feet from the front lot line, and (d) a portion of the new construction will be greater than the code limitation of 2-1/2 stories. Location of Property: 700 Hummel Avenue, Southold; CTM #1000-63-2-30.1. 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 call (631) 765-1809. Dated: June 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals H~EARINGS ~)UTHOLD TOWN BOARD OE APPEALS OTICE IS HE.BY G~N, m~t to Section 267 of ~e wb Law and Chapter 100 )ding)~ Code of ~e To~ of u~ol~, the followMg public tfings will be held by ~e ~THOLD TO~ ~ APPE~S at the Town Hall, ~5: Main Road, RO. Box 79; Southold, New York ¢71-0959, on Th~sday, , 2003, at the times noted 10w (or as soon ~ema~er as ssible): t~5O a:m: ~ON~ ~D ~LEN COSTA g5337 - quest tBr a Vm~ce ~der ction 100-2~, b~ed 0n ~e ~i~ding Depament's M~ch 6, 03 Notice of Disapproval ~plicants pro~os~ a~diii0ns ff alterations to an existing ~llmg wi~ a ~ont y~d set- ~off~s ~ 35 feet at g [~, Sofith01d; CT~ 000:8~:-3-'11. ~,0~00 mm. ROBERT ~ILLY, ~:~6 ~ Y~ce is r~ueSted r S~e~ !:00,2~, based ~; ~ Hut!fling D&pa~n/'s ~ 2~ 2003 N0tiee ~pp~ovaL A~hc~t Woposes. ditinm ~ aiterations~::&~ a, :moa a~l~,~ 35 fee} ~m ~ .ff0~¢!oI l~e. Loc~ion of ~: .L~e; ~0uth¢lfl;. CTM ~,~-32~.1 (29 ~d 30 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says she is the Legal Advertising of the Traveler Watchman, printed at Southold, and that the notice of armexed is a printed copy, has published in said Traveler Watchman once each week for .....[. ..... week(~ successively, commencin)~fn t~ ..... .~..~- ...... da3' of ........... ,fA.rd. t.~. j ...... 2003. Swom/~ be, fore me this...'~...~2~...day of ..... .~...., 2003. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 0! HA5059984 Qualified in Suffolk Count3j Commission expires May 06, 2006 ~Legals from pre~di~page [slaud Somid.:):fhe' SWirhra~ng (b) .prppo~ed ~dd[tto~ls/~l.~er; BU/II~:D~0artna~s:Februarv ~. pool also is ProPosed in a Side ations to a non-habitab, le a~ces} 27; 20b"J N~c~ of Dis;P~i-0Va[.c(~'2~a Section 100-244B, based on the yard location instead of a code sory building, and (c) as built Applicant proposes an additi0~t~ ha Building Department's February required rear yard. Location of accessory shed located in ml to the existing nonconforming,4~' a~ 5, 2003 Notice of Disapproval ip)?pert~:. 2670 Grandvie~ area other than the code required dwelling with a single side yard ur Applicants are proposing to con- rive, unent; CTM 1000-14-2: rear yard. Location of Property: of less than I 0 feet and total side tv, struct a deck addition at less 3.6. ' 8310 Soundview Avenue ~ yards of less than 25 feet, and of than35 feet from the front prop-' 11:00 a.m. BLUEPOINTS Southold; CTM #1000-59-7-fi' rear yard of less than 35 feet· 4fi e.rt7 line at 1060.Navy Street CO., 1NC. #5335. Request fo~: ~ 29·6 /Ref. CTM #1000-48-2-19 (and 3- Ormnt:Parcel 1000-25-4-3. ~a) an~Interpretati0n under~ l:I0pm DAVID PAGE AND 40) ' V~ 3( D N LEGAL NOTICE AUGUST 7, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY G1VEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following pub- lic hearingwill be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 7, 2003: 7:00 p.m. ~ #5395 - Amended Request for Variances under Sections 100- 142, 100-143A, and 100-143C, based on the Building Department's February 19, 2002 Notice of Disapproval, amended June 19, 2003. Applicant pro- poses two new bm'ldings in this LI industrial Zone District with: ~ side yard setbacks at less than feet, (b) rear yard setbacks at less than 70 feet, (c) building lin- ear frontages greater than 60 feet along two front yards facing Hummel Avenue and Youngs Avenue, with a setback average of 90 feet from the front lot line, and Ed) a portion of the new con- stmction will be greater than the code limitation of 2-1/2 stories. Location of Property: 700 Hummel Avenue, Southold; CTM #1000-63 -2-30.1. The Board of Appeals will hear all persons, or.their repre- sentatives, 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, ~P61ease do not hesitate to call 31) 765-1809. Dated: June 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals 1X 7/3/03 (805) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Walchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Walchmqn oi~ce each week for ..... !z .....week(~ :psuccessively, comme~cine on the ..... :.~'. .......day of .... .... ..... .... Notary Public Emily llamill NOTARY PUBLIC, State of New No. 01 ttA5059984 Qualified ia Suffolk ( ounty Commission expires May 06, 2006 APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard R Goehringer George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD September 30, 2003 Southold Town Hall 53095 Main Road Rd. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.nor thfork.net Fax 298-8565 Abigail A. Wickham, Esq. Wickham, Wickham, Gordon & Geasa 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Appl. No. 5395- TowBee, Inc. Dear ~M~m: Please find enclosed a copy of the Board's Findings and Determination rendered at Zoning Board of Appeals Meeting held September 11, 2003. Copies were also today forwarded to the Planning and Building Departments for their use in the next review step. Thank you. Very truly yours, Linda Kowalski Enclosure Copies of Decision 9/30/03 to: Building Department Planning Board SITE PLAN OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SCTM: 1000-63-02- 30.1 AREA = 1.7693 ACRES SCALE: 1" = 20' PROPERTY NOW OR FORMERLY OWNED BY TOWBEE, LLC 1560 YOUNGS AVE. SOUTHOLD, NY. 11971 "O O 1' 1' SEA TOW // SEA SPILL CORPORATE HEADQUARTERS BOISSEAU AVE., SOUTHOLD, NEW YORK ~O ~//////////////~ LANDSCAPED AREA EXISTING BUILDINGS NEW BRICK WALKS BUILDINGS TO BE REMOVED PROPOSED NEW STRUCTURES APPROX. LOCATION OF PRE-EXISTING TREES WITH MIN. OF 6" CALIPER @ 3' HEIGHT 4' ARBORVITE TO BE PLANTED LIGHTED SIGN DETAILS ~ 2' 8' ~ TREES TO BE PLANTED SITE PLAN I~ORMATION IS BASED ON L,AND SURVEY PREPARED BY PECONIC ~URVEYORS, P.C. - JOHN T. METZGER LICENSED LAND SURVEYOR (LS 49618) LOT SIZE: LOT COVERAGE: BLDG. #1 BLDG. #2 BLDG. #3 WALKWAYS: BUILDING TO BEIREMOVED PARKING SPACES HANDICAP PARKING PARKING SPACES AVAILABLE DRIVEWAY & PAI~KING: LANDSCAPED AREA: PARKING SPACES REQUIRED BASEMENT WHAREHOUSE AREA: FIRST FLOOR OFFICE AREA: SECOND FLOOR OFFICE AREA: ATTIC STORAGE AREA: BUILDING #2 AREA: BUILDING ~3 AREA: EXISTING BUILDING E EXISTING BUILDING E EAST END DRAFTING & DESIGN SITE PLAN DATE: 06-12-03 SEA TOW CORPORATE HEADQUARTERS HUMMEL AVE. SOUTHOLD, NY 11971 SCTM: 1000-63-02~30. I 77,070.71 sq. ft 20.219,00 sq. ft. OR 5.220.0 sq. ft. 2,546.0 sq. ft. 2,800 sq. ft. 26.23% 1,407.0 sq. ft. 2,3B0.0 sq. ft. 45 spaces 4-7 TOTAL SPACES AVAILABLE 37,251.00 sq. ft. OR 48,33% 19,558.00 sq. ft. OR 25.3B~ DRAWN I~Y Ea~t End Drifdng & Design 5130 MAIN BAYVIEW RD. SOUTHOLD, NY 11971 631-765-1862 SITE PLAN INFORMATION I~ BASED ON LAND SURVEY PREPAREDBY PECONIC SURVEYORS, P.C. - JOHN T. METZG~ll- LICENSED LAND SURVEYOR (LS 49618) TOTAL SQUARE FOOTAGE OF STRUCTURES: BUILDING #1 16,018 sq, ft. BUILDING #2 5,519 sq. ft. BUILDING ~3 2.800 sq. ft~ LOADNG DOCK 6~J6 sq. fL REQUIRES 3 PARKING SPACES (1 per 1000 sq. REQUIRES 18 PARKING SPACES (1 per 100 sq. REQUIRES REQUIRES REQUIRES R~QUIRES 58 TOTAL PARKING SPACES REQUIRED REQUIRES 10 PARKING SPACES (1 PER 1000 sq. ~1 PARKING SPACES AVAILABLE ft.) ft.) 26 PARKING SPACES (1 per 100 sq. ft.) PARKING SPACES (1 PER 500 sq. ft.) PARKING SPACES (1 per 1000 sq. ft.) PARKING SPACES (1 Der 1000 sG. ft.) WARREN A. SAMBACH SR. CONSULTING ENGINEERS AND PLANNERS P,O. BOX Iq. b3 7675 COX LANE CUTCHOGUE , NEW YORK, 119;~5 (6;51) 7;~&- 76.92