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Home My WebLink About5492 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http:,/southoldtown.northfork.net RECEIVED BOARD OF APPEALS ,ff.',9-~9 TOWN OF SOUTHOLD ~ 5 ~D4 FINDINGS, DELIBERATIONS AND DETERMINATIOI~'Y~ ~ ._/'7 ~ MEETING OF MARCH 4, 2004 ~,:~; ~,,~ ~,.~. /'Sonthold Town Cleric Appl. No. 5492 - TOWBEE, LLC 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 January 26, 2004 Notice of Disapproval, under Section 100-82A, stating that the bulk schedule allows one use per 40,000 sq. ft., and the use, as proposed, would constitute a second use. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on February 26, 2004, 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: RELIEF REQUESTED: The applicant maintains that the building inspector erred in citing Article VIII, Section 100-82A to deny them a building permit. Section 100-82 A states: "Except as otherwise provided hereon~ no building or premises shall be used and no buildina or Dart thereof shall be erected or altered in the LB Districts 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 reflulations were set forth herein full." The Building Inspector further states that the proposed (multiple light industrial) use would constitute a second use. The applicant maintains that this property has had multiple uses continuously since before the inception of zoning in Southold town and therefore qualifies as a pre existing multiple light industrial use. Page 2 - March 4, 2004 Appeal No. 5492 - TowBee LLC CTM 63-2-30.1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, because this property has had multiple light industrial uses since prior to the enactment of the zoning ordinance. According to an affidavit submitted by James H. Rich Jr., the subject property has had in excess of 20 different combinations of uses at varying times since 1920. These uses include a plumbing contractor, masonry contractor, lumberyard, and landscaping contractor to name just a few. 2. The benefit sought by the applicant (multiple light industrial use) has existed historically on this property since before zoning. 3. The amount of relief requested is not substantial. The property has a previous ZBA approval to upgrade the buildings to allow for uses that are quieter, more attractive, self contained, and conducted inside the buildings. 4. This request will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the property has been used for multiple light industrial uses for many years and the applicant only seeks to continue what has historically existed. BOARD RESOLUTION: Based on the above reasons the Board finds that the basis for the Building Inspector's Notice of Disapproval was incorrect. NOW, therefore, on motion by Member Dinizio, seconded by Chairwoman Oliva, it was RESOLVED, to REVERSE the January 26, 2004 determination of the Building Inspector, finding that the applicant is not requesting an additional use on this property but merely seeking to continue the multiple light ndustrial uses that have existed for years. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, and Dinizio. This Resolution wa~uly adopted (5-0).._. _ RUTH D. OLIVA, CHAIRWOMAN 3/5/04 Approved for Filing Tortora, Orlando, LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ FEBRUARY 26~ 2004, at the time noted below (or as soon thereafter as possible): 2:30 p.m. TOWBEE~ LLC (SeaTow) #549 - Request for a Variance under Section 100-142, based on the Building Department's January 27, 2004 Notice of Disapproval, concerning two uses on a lot containing less than 80,000 sq. ft. (or 40,000 sq. ft. per use) in this Light Industrial LI Zone District. Location of Property: 700 Hummel Avenue, Southold; Parcel 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: January 27, 2004. Board of Appeals Ruth D. Oliva, Chairwoman By Linda Kowalski TO: Gall Wickham As'C Tow Bee LLC PO Box 1424 Mattituck, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 26, 2004 Please take notice that your application dated January 26, 2004 For pe~Tnit for a contractor's yard and building at Location of property: 700 Hummel Avenue, Southold, NY County Tax Map No. 1000 - Section 63 Block 2_ Lot 30.1 IRECE!VED JAN 3 0 2004 [ZOH NG i~OA¢ID OF APp,E,AL5 Is returned herewith and disapproved on the following grounds: The proposed use, on this 77,070 square foot lot, with two front yards, in the LI District, is not permitted pursuant to Article VIII, Section 100-82A, which states; "Except as otherwise provided hereon, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loadin~ Schedules incorporated into this chapter bv reference, with the same force and effect as if such regulations were set forth herein in full." Bulk schedule allows one use per 40,000 square feet. The use, as proposed, would constitute a second use. Note to Applicant: Any change or deviation to the above referenced application, following ZBA decision, ma2}' require further review by the Southold Town Building Department. Authorized Signature ..... CC: file, Z.B.A., Planning Dept. APPLICATION TO THE SOUTHOLI) TOWN BOARD OF APPEALS TOWBEE (WICKHAM) 63-2-30.1 LI 5492 VO MULTIPLE USES/BLDG FRNT +60'/LOT SIZE 700 HUMMEL AVE SHLD INTERPRETATION Parcel Location: House No. 700 Street Hu~m~el Avenue Hamlet Southold SCTP,! 1000 Section 63 Block 2 Lot(s) 30.1 Lot Size 74053sf Zoue District LI I (%VE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDI~G~~D DATED: _J_an~gry 2004 Applicant/Owner(s):. TOWBEE, LLC gl'ailing c/o Abigail A. Wickham Address: PO Box1424, Mattituck, NY 11952 JAN g 9 2004 ~ZONING BOARD OF APPEALS 631-298-8353 3Q~_%. 631-298-8565 Telephone: Authorized Representative: East End Drafting and Design PO Box 1675, Southold, NY 11971 Address: Telephone: 631-765-1862 631-765-6820 Please specify who you wish correspondence tO be mailed to, from the above listed names: [3fApplicanUOwner(SLorxO Authorized Representative [] Other: (Abigail g. WicK/~am; x, VHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Building Permi~ [3 Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction ~ Dual use property with insufficient area Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article VI I } Section 100- ~t~ Sobsection Type of Appeal. An Appeal is made for: Bi A Variance to the Zoning Code or Zoning Map. El A Variance due to lack of access required by New York Town Law-Section 280-A. El Interpretation of the Town Co. de, Article Section jl Reversal or Other ~r~,n~lq0~ q4~ Vavt~,gr~_ ~?t- A p~or appeal~as ~ has not been made with respect to this proper~ UNDER Appeal No.~ Year Page 2 of 3 - Appeal Application 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: this property has had multiple light industrial uses since prior to enactment of the zoning ordinance. The new office and accessory storaqe/warehouse use on the east si~e (Buildings 1/2/3) is new and an (~f~rha~e~n°e~trs~g~ebS~ the appllcant CANNOT be achieved by some method feasible tor the applicant to pursue, other than an area variance, because: the uses by more than one user have historically continued. (3) The amount of relief requested Is not substantial because: the uses in Buildings 1/2/3 will be quieter, more attractive, and self contained, and conducted inside the buildings. (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions In the neighborhood or dlsldct because: of the same reasons set forth above. (5) Has the variance been self-created? ( ) Yes, or (x) No. If not, Is the construction eyJsting, as built? (x) Yes, or ( )No. Contractor warehouse/storage building on ~aK~west sid~ is pre-existing; two exisi~g buildinqs on east side; ode building to be removed aha one renovated; two 5o De aaaea as per prior ZBA approva±. [6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is a light industrial zone which has always had multiple users; the building department believes a variance is required despite the pre-existing nature of the multiple users. 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, safety, and welfare of the community. Swc~rn k~/bef()re me this ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. [Please consult your attorney.) Otherwise, please proceed to the signature and notary area b.low. ~ ~.c~./'.~/.'~/~ Sl~na.~. re of'Appellant o-r Aufhorlze~ Agent (Agent must submit Authorization from Owner) ~ Publlo, G~te of Ne'~ 'fMII No. 0tM0485145~ zo.JAN ~ 9 2004 lNG BOARD OF APP[AL$ ZBA App 9,'30/02 T