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HomeMy WebLinkAbout1000-17.-4-16, 17.-6-14.2, 18.-3-30.3, 18.-6-17.3 OFFICE LOCATION: OrjF so MAILING MAILING ADDRESS: Town Hall Annex Q P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 • Q Telephone: 631 765-1938 olyc4U ,� LOCAL WATERFRONT REVITALIZATION PROGRAM J TOWN OF SOUTHOLDL RECEIV E r To: Donald Wilcenski, Chair MAY 2 7 2021 Town of Southold Planning Board Southold Town From: Mark Terry, Assistant Town Planning Director Planning Board LWRP Coordinator Date: May 25, 2021 Re: SCTM#1000-17-4-16 SCTM#1000-17-6-14.2 SCTM#1000-18-3-30.3 SCTM#1000-18-6-17.3 This proposal is for an 80/60 Clustered Conservation Subdivision of four parcels SCTM#'s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots,with 94 acres to be preserved.This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. The project is described as: SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 -0.9 acres.This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5-0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands.South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7-0.8 acres.This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres.This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. The proposed,action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is CONSISTENT with the LWRP below listed policies and therefore, CONSISTENT with the LWRP: The action proposes an 80/60 Conservation Subdivision; achieving 80 percent preservation of buildable lands and a density reduction of 60 percent of the total yield. This type of subdivision was developed to meet Town Goals. Localized impacts to the parcel and the characteristics of the community require assessment to NYS SEQR regulations. In July, 2015,the Planning Board issued a positive declaration to analyze the potential moderate and large impacts that could potentially result from the proposed 17 lots. On November 4, 2019, the Southold Planning Board adopted the SEAR Findings statement which included numerous mitigated conditions. Policy 2 Preserve historic resources of the Town of Southold. 2.2. Protect and preserve archaeological resources. A. Conduct a cultural resource investigation when an action is proposed on an archaeological site,fossil bed, or in an area identified for potential archaeological sensitivity on the archaeological resources inventory maps prepared by the New York State Department of Education. 1. Conduct a site survey to determine the presence or absence of cultural resources in the project's potential impact area. Archeological sites were not identified as occurring or potentially occurring on the North Dyer or South Dyer parcels. The investigation to determine the occurrence of archeological resources on North Brown and South Brown parcels is ongoing through a plan developed by the OPRHP and the Board. North Brown a. A Phase 1 B cultural survey shall be conducted within the areas identified and flagged during the July 2, 2019 Native American consult and field inspection. No ground disturbance within these areas shall occur prior to completion of the survey and the findings are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a copy. South Brown a. A Phase II investigation to evaluate the site for eligibility for listing in the State National Registration of Historic Places shall be conducted by the landowner or future landowners prior to any ground disturbance. b. A Phase IB archaeological survey of the proposed route of the driveway to Lot 1 shall be conducted by the landowner or future landowners prior to any ground disturbance. The potential occurrence of Native American burial grounds or individual burial pits where the residential lots are located on the North 1 r Brown parcel and the known burial sites that occur in the Browns Hills subdivision to the east supported the relocating of the access road from the east side of the North Brown parcel to the west side of the parcel. With the relocation, the consolidation of curb cuts or merging with the access serving SCTM#1000-18-3-9.2 (vacant) is recommended. All known archeological resources will be preserved to the greatest extent practicable under New York State Law. This policy has been met Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The preservation of scenic resources is a State and Town goal established in many plans. At the State level the elevation and preservation of the value of scenic resources in Southold is listed as a NYS Areas: LI North Shore Heritage Area goal. The designation is supported by a plan that includes strategies and specific policy recommendations on the unique historical, maritime and special environmental resources contained within the area. The New York State Scenic Byways designation of State Route 25 also establishes goals to preserve the scenic qualities of Southold. The more recent Town Comprehensive Plan contains many goals and objectives to identify and protect important scenic qualities from public land and waters. The Conservation Subdivision was developed to further these goals and objectives by requiring land preservation and clustered development. The proposed application furthers this policy by preserving 80 percent of the buildable lands of the combined four parcel acreage and a density reduction of 60 percent of the total yield. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. Impacts to the scenic view shed have been significantly minimized by reducing density, the potential purchase of development rights and by clustering of the residential lots. Land area upon which development rights are sold has been designed to preserve maximum scenic qualities. Street and residential lighting will be dark skies compliant (Chapter 172) and utilities serving the lots are required to be buried. In the event that the action is approved it is recommended that the Board seek reduced road specifications to maintain the rural character of the area. Recommended road specifications include a 25' right of way with a 16'wide pavement surface. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: Clearing limits are also required on each lot that contains existing vegetation. It is recommended that land area on the lots dedicated to the non-disturbance vegetated buffer be credited to the required clearing limits on each lot. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species, will be preserved to the greatest extent practicable and if they will not interfere with necessary farming, grading and drainage. Existing treed windbreaks that provide wildlife habitat shall be preserved on the North Brown parcel where possible. The preservation of the existing vegetation enhances scenic qualities. K. Protect visual quality associated with agricultural land, open space and, natural resources. 2. Group or orient structures during site design to preserve open space and provide visual organization. The application meets this policy by clustering the residential lots to provide visual organization of the developed areas and agricultural lands and open space. The clustering of structures furthers Chapter 240-43 Article XI. Cluster Development § 240-43. Determination of location of open spaces created by cluster development using primary and secondary conservation areas. B. The location of open space lands shall be determined in general accordance with the goals of the Town's Comprehensive Plan and in particular with the Southold Town Farm and Farmland Protection Strategy to provide an interconnected network of open space and farmland. All four parcels are located north and south of NYS Route 25, a designated scenic byway and provide scenic open space views to users of state and local roadways and in some instances public waters. The prime farmland (agricultural soils) and scenic views into the property from adjacent properties, Orient Harbor, existing public roads (New York State Route 25 and Narrow River Road) are secondary conservation areas as defined by Chapter 240 of the Southold Town Code. The South Dyer parcel offers the highest quality scenic value to the public and has been identified as important to the community and New York State. Due to these positions, a Scenic Viewshed Impact Analysis for South Dyer was prepared and assessed. The total number of lots proposed on the South Dyer parcel was five, however, the applicant in the revised DEIS (2018) agreed to apply Alternative 1 which relocates one residential lot from the South Dyer parcel to another parcel in the subdivision. This furthers this policy. Impacts to the scenic view shed have been significantly minimized by reducing density, the potential purchase of development rights and by clustering of the residential lots. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes including: As discussed in Policy 3 above, existing vegetation is proposed to be used to greatest extent practical to mitigate the introduction of structural components into natural landscapes. a. introduction of intrusive artificial light sources It is recommended that the number of street lights be reduced to the minimum necessary to mark intersections of roadways. i Further it is recommended that the Board require that the applicants covenant dark sky standards (Chapter 172) for the residential structures to further preserve the night sky. This policy has been met. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.4. Limit the potential for adverse impacts of watershed development on water quality and quantity. Recent studies have linked on-site sanitary systems with contributing Nitrogen to surface waters and cumulative impacts could be moderate to large. In the Peconic Estuary, after atmospheric deposition, groundwater is estimated as the second largest external source of Nitrogen, totaling 21 percent of the total Nitrogen load, or 7,450 lbs./day. Groundwater and other nonpoint sources are the primary contributors to water quality degradation of the Peconic Estuary contributing to algal blooms and hypoxia (SCDHS). Both the Long Island Sound and Peconic Estuary have experienced detrimental changes from increased nutrient loads to ground and surface waters. In the Long Island Sound, and more recently in the Peconic Estuary, low Dissolved Oxygen (DO) conditions (hypoxia) develop due to excessive levels of Nitrogen (N) and Phosphorous (P). Hypoxia is a result from planktonic algae blooms that feed on the nutrients. The algae die and settle to the bottom of the water body then decay, using up Dissolved Oxygen in the process. The Oxygen levels frequently fall below the levels necessary to sustain life and often result in fish and shellfish die offs. The development of residential structures results in incremental, and compounding affects to the quality of the Towns coastal waters. The action proposes 17 new sanitary systems in an area that is not served by public water. The installation of I/A OWTS or similar technology on all residential lots will be required. Further, best management practices to reduce the application of fertilizers are also recommended (see below) to lower nutrient loading. This policy has been met. 5.5. Protect and conserve the quality and quantity of potable water. The area is not served by public water and the water supply to surrounding properties is from private wells. Suffolk County Department of Health approval is required for all proposed private wells and sanitary systems. The SEAR Findings Statement outlines the following to conserve potable water quality and quantity. 1. The use of low-flow plumbing fixtures. 2. Irrigation controls: The following is required to reduce residential irrigation in areas not connected to public water. a. Plants used in landscaping shall be native and drought-tolerant. b. The use of drip irrigation systems is recommended. Rain barrels are encouraged. C. Total long-term permanent irrigation of each lot will be limited to 15%of the lot area not improved with structures. d. Soil moisture sensors will be used with irrigation systems, to water only when necessary during times of low soil moisture. e. Lawn areas will be seeded with improved turf species with deeper root systems and greater drought tolerance, thus requiring less irrigation than conventional turf species. Further, in the event that the action is approved, it is recommended that the following best management practices are required to further policies 5.2, 5.3, 5.4 and 5.5 and protect the ground and surface waters of Orient. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20%of the total nitrogen in the mixture. c. Require a maximum of 1 Ib. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 11t and April 11t e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. This policy has been met Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem The Town of Southold is a complex ecosystem consisting of physical (non-living) and biological (living) components and their interactions. B. Protect and restore ecological quality by adhering to the following measures. C. Reduce adverse impacts on ecological quality due to development. The protection of ecological quality of communities will be achieved by the following requirements as outlined in the SEAR Findings Statement: 1. A total of 95.91+/-acres of open space to be set aside as open space (80 percent of the site)will contribute to preserving plant species and providing wildlife habitat. 2. A 100'wide non-disturbance,vegetated buffer from the top of bluff is required on North Dyer and North Brown parcels preserving plants and wildlife. 3. Clearing limits are required on lots that contain existing vegetation. 4. Clearing for construction shall occur between November 11t and May 311tto minimize impacts to wildlife. 5. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species,will be preserved to the greatest extent practicable and if they will not interfere with necessary farming, grading and drainage 6. Windbreaks to provide wildlife hdbildl shall be preserved on North Brown where possible. This policy has been met. 6.3 Protect and restore tidal and freshwater wetlands. Y r The subdivision design and SEQR Findings Statement includes a 100' wide non-disturbance, vegetated buffer on lots 4 through 6 on North Dyer adjacent to Munn Pond and on North Brown adjacent to the Long Island Sound bluff.The natural vegetated buffer will preserve existing vegetation and minimize impacts from residential development on the regulated features (wetlands, coastal bluffs). This policy has been met. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The preservation of the Eastern Box Turtle and the Northern Long Eared Bat (both protected species) has been addressed through inventory and clearing management regulations. See the SEQR Findings statement for details. This policy has been met. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. 11.6 Promote aquaculture. The proposed action incudes retaining an active aquaculture operation on the South Dyer parcel. The land and water area where the operation is conducted will remain unaffected as a result of this action. This policy has been met. Policy 12 Protect agricultural lands in the Town of Southold. 12.1. Protect agricultural lands from conversion to other land uses. Current agricultural uses occur on North Brown, South Brown and South Dyer. Lots and access roads have been clustered to avoid agricultural lands to greatest extent practicable. The three parcels contain prime farmland soils and soils of statewide importance. Impacts to these soils include agriculture areas converted to non-farm (in this case, residential) use. The impacts to agricultural soils have been reduced though clustering and density reduction. Access roads have been designed to not segment active agricultural areas. The proposed action furthers this policy. 12.3. Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land. The LWRP states that "Where farmland is converted to residential or other non-agricultural land use, the adverse impacts of that change on the remaining agricultural land should be minimized. To the maximum extent possible, clustering and other techniques should be utilized to retain sufficient land suitable for agricultural opportunities within the new development area. Arrangements for keeping viable fields in production through lease arrangements or easements should be encouraged. Site design should minimize potential conflicts between new residential or commercial uses and the agricultural use." As indicated above the purpose of the 80% of open space in this instance is to support future agricultural uses and preserve scenic qualities of the parcel to meet Town goals. The proposed action meets this policy. Please contact me at (631) 765-1938 if you have any questions regarding the above.