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HomeMy WebLinkAbout#8031SE-Oysterponds Historical Society Memo of Law received 8-4-25 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD- ._: w.____----_..____m_®.__X i In the Matter of the Application of OYSTERPONDS HISTORICAL SOCIETY #8031SE 'AUi� 0. 4 2025 Zoning uuai of Appeals For a Special Exception Permit to recognize an established historic society pursuant to Sections 280-13(B)(15) of the Code of the Town of Southold MEMORANDUM OF LAW OF APPLICANT, OYSTERPONDS HISTORICAL SOCIETY, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: August 2, 2025 STATEMENT OF FACTS The Applicant, Oysterponds Historical Society (hereinafter referred to as "Applicant" or "OHS") is seeking, by way of this appeal of the Building Inspector's Notice of Disapproval last renewed April 25, 2025, for a building permit to construct a storage addition to an existing historic structure and a new ADA compliant ramp, a Special Exception pursuant to Article III, Section 280-13B(15) to recognize the historic society that has existed on the subject premises for decades. The requirement for this relief was triggered by the Applicant's submission of a building permit application to construct an 1,831 SF addition to the historic Vail House to provide conditioned, fire protected storage for over 60,000 priceless artifacts that OHS has collected and preserved over the past 80 years. The subject parcel is a conforming 1.42 acre parcel in the R-40 zoning district. Vail House is one of six historically significant structures located on OHS's campus which lies between Village Lane and Fletcher Street in the heart of Orient Village. The precious artifacts that OHS manages date to the earliest days of European Settlement in the Orient and East Marion hamlets. Included in the collections are artifacts, documents, correspondence, diaries, works of art, photographs and countless archival papers that span several centuries. The proposed addition is necessitated by the fact that these precious collections are not being properly stored in a dedicated space with the modern climate control and fire suppression systems that are required for their safe and enduring preservation. OHS has come before the Zoning Board for relief on 2 prior occasions in 1972 (ZBA # 1540) and 2002 (ZBA # 5061). While it appears that the special exception use was acknowledged in those Determinations, the Building Department has deemed it necessary that OHS seek further approval from this board. It is noteworthy that the Historic Preservation Commission granted a Certificate of Appropriateness for the proposed construction on April 24, 2025 and OHS's Site Plan application is pending before the Planning Board with a public hearing scheduled for September 8, 2025. As this Board is aware, the Planning Board, in its comments in support of this Application, acknowledged that OHS "has operated on [the subject premises] as a museum and cultural institution for years, representing a well- established pre-existing nonconforming use". The Planning Board also recognized that OHS's operation furthers the goals of the Community Character chapter of the Comprehensive Plan which emphasizes preserving historic and cultural resources as a core component of the Town's character. The Applicant further submits that the proposed use is expressly permitted under Section 280-13(B)(15) of the Town Code, subject to any reasonable conditions this Board may impose, and conforms to the standards prescribed for such uses and would not be detrimental to property or persons in the neighborhood. For the following reasons, the Applicant submits that the granting of a Special Exception pursuant to Section 280-13B(15) of the Town Code is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF A SPECIAL EXCEPTION UNDER SECTIONS 280-48(B)(12), 280-142 AND 280-143 OF THE TOWN CODE A. The Recognition of the Oysterponds Historical Society is consistent with the use regulations of the R-40 Zoning District Section 280-13(B)(15) of the Town Code expressly permits historic societies subject to the Zoning Boards review of the criteria in Sections 280- 142 and 290-143 of the Town Code. As acknowledged by the HPC, the Planning Board and in numerous letters in support, and as explained in more detail below, the Applicant submits that the proposed use will be entirely compatible with the surrounding uses in Orient Village with no detrimental impacts to property or person in the adjacent neighborhood. B. The Applicant submits that a review of the Matters to be considered in Town Code Section 280-143 and the evidence presented will enable the ZBA to find and determine that the Proposed Construction satisfies the General Standards for the issuance of a Special Exception set forth in Section 280-142. Section 280-142 of the Town Code sets forth the criteria for the issuance of a special exception approval by the ZBA upon their finding and determination that: 1) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. 2) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. 3) That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. 4) That the use will be in harmony with and promote the general purposes and intent of this chapter. 5) That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. 6) That all proposed structures, equipment and material shall be readily accessible for fire and police protection. 7) That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. It is respectfully submitted that under the facts and circumstances presented here, the Applicant can clearly meet the standards set forth in Town Code §142 and as a result, the relief requested herein should be granted. 1) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The addition of a conditioned storage facility to the historic Vail House in a conforming location on the OHS campus will enhance the established operations of the OHS with no perceivable impact on adjacent properties. 2) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The proposed addition of a conditioned storage facility and recognition of the historic society use will have no impact on any permitted or legally established uses in the R-40 zone or in any neighboring zoning district. OHS has operated on site for decades with the utmost respect for its neighbors. 3) That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. OHS submits that the one-story addition to the Vail House will be substantially screened from view and compliant with the bulk schedule with no adverse impacts to the health, safety or welfare of the Town. To the extent that any such impacts are perceived, they will be addressed and mitigated through the site plan approval process. 4) That the use will be in harmony with and promote the general purposes and intent of this chapter. The recognition of the established historic society use and the proposed construction will permit the safe storage and continued preservation of over 60,000 irreplaceable historic items. 5) That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The proposed one story addition as well as the entire OHS campus are entirely compatible with the character of the Orient Community, acknowledged by the Planning Board's comments and letter in support from members of the community. 6) That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The site is readily accessible to both local and regional fire and police services. 7) That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. The Applicant submits that all stormwater runoff will be contained on site in accordance with Chapter 236 and all calculations will appear on the proposed site plan subject to the approval of the Town of Southold Planning Board. CONCLUSION For the reasons set forth herein, it is respectfully submitted that the Applicant has satisfied the standards for the issuance of a Special Exception for a historic society use under Section 280-142 and respectfully requests that upon review of the Matters to be Considered under Section 280-143 of the Town Code, that the relief requested herein be granted in its entirety. Dated: Mattituck, New York August 2, 2025 Respectfully Submitted, FIN EC N LAW, P.C. Att eys for Applicant Martiv�innegas , Esq..