HomeMy WebLinkAbout1000-101.-2-7 /f
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®F so U P.O.Box 1179
54375 State Route 25 ®�� ��®� Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtow-xmy.gov
c®UN�Y,� °
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: Donald J. Wilcenski, Chairman ✓�
Members of the Planning Board
Date: April 13, 2022 (Amended)
Re: Local Law in relation to the Zoning Map by changing SCTM#1000-101-2-7 from AC to
the AHD Zoning District
The Planning Board does not support the proposed change of zone as it is not fully supported by
the Southold Town Comprehensive Plan(Plan) adopted in 2020. Goal 1: Create Affordable
Housing. The Housing Chapter of the Plan identifies the following as necessary requirements
that must be satisfied in order to create affordable housing in any significant number(more than
five units):
1. Support of the Town Board and Planning Board for the proposed concept
(location of site, architectural design, proximity to Hamlet Centers,
infrastructure, etc.)
• The location of the site is not a reasonable distance from the Hamlet Center; it is
located greater than 2 miles from the nearest Cutchogue Hamlet Center (United
States Post Office). Traditionally a span of a half-mile is a smart growth
benchmark for higher density developments. The long-standing Town position is
to site higher density projects within a reasonable distance of the commercial
areas that offer essential amenities, services, and infrastructure which contribute
to the quality of life of residents living within these complexes. Therefore, we are
of the opinion that the proposed project is not in reasonable proximity to Hamlet
Centers or other commercial areas.
v
Southold.Town Planning Board Page 12 April 13,2022
• Infrastructure is deficient for pedestrian access to and from the Hamlet Centers or
commercial areas. The distance to Hamlet Centers and other commercial areas
would result in vehicle dependency with no reasonable way to improve pedestrian
connections with sidewalks, refuges, and cues. Transportation by bicycle is
possible, however,the shoulder of Suffolk County Route 48 is not marked well
for pedestrian or bike use in this area.
• Public transportation is deficient.No public transportation serves the parcel. The
nearest bus route is located in the Cutchogue Hamlet Center.
2. Change of zoning designation by the Town Board to Affordable Housing District
(AHD Zone) in appropriate areas to permit the higher density allowed by that
district.
This criterion poses an important question: Is this parcel an appropriate
location for affordable housing? When considering the purpose of the AC
Zoning District,the distance from the Cutchogue Hamlet Center or other
commercial areas, the absence of supporting transportation infrastructure,
including pedestrian infrastructure,the lack of public transportation, and the
environmental sensitivity described below, we are of the opinion that the
parcel is not located within an appropriate area to permit higher density
despite the critical need the Town faces.
§ 280-12 Purpose
The purpose of the Agricultural-Conservation (A-C) District and the Low-
Density Residential R-80, R-120, R-200, and R-400 Districts is to reasonably
control and, to the extent possible,prevent the unnecessary loss of those
currently open lands within the Town containing large and contiguous areas
of prime agricultural soils which are the basis for a significant portion of the
Town's economy and those areas with sensitive environmental features,
including aquifer recharge areas and bluffs. In addition, these areas provide
the open rural environment so highly valued by year-round residents and
those who support the Town of Southold's recreation, resort, and second-
home economy. The economic, social, and aesthetic benefits which can be
obtained for all citizens by limiting the loss of such areas are well documented
and have inspired a host of governmental programs designed, with varying
degrees of success, to achieve this result. For its part, the Town is expending
large sums of money to protect existing farm acreage. At the same time, the
Town must exercise its authority to reasonably regulate the subdivision and
development of this land to further the same purposes while honoring the
legitimate interests of farmers and other farmland owners.
The Planning Board recognizes the critical need for affordable housing in the
Town; however,the site and surroundings are important considerations when
locating these projects. The lower density AC Zoning District was established
Southold Town Planning Board Page 13 April 13,2022
to recognize the parcels with environmental sensitivity and create a nexus
between developing these areas at lower residential density and protecting
such areas. In this instance, the parcel is located over an NYSDEC Special
Groundwater Protection District.
Further, as discussed above, the distance to the Cutchogue Hamlet Center and
other commercial centers would not allow reasonable access for people
without vehicles to public transportation. When measured from the parcel east
on Suffolk County Route 48 and then south along Depot Lane to Schoolhouse
Road and Griffin Street, the travel distance is 10,804 feet or 2.05 miles.
3. Transfer of sanitary flow credits in accordance with Suffolk County Department
of Health and Southold Town regulations.
The 5.66-acre parcel is large enough to accommodate the sanitary flow
proposed.No sanitary flow credits are being requested, and this is a benefit to
allowing smaller parcels to utilize the credits elsewhere.
4. Assistance from Suffolk County Department of Workforce Housing toward the
purchase of land or infrastructure improvements.
It is expected that public funding sources will be utilized in the project's
construction. However, the details have not been identified.
5. Provision of public services (utilities) and infrastructure (water, drainage, roads)
to support the development of housing.
The projected vehicle trips from this project would be 160 per day with 15 PM
peak trips total (PM in 10 and PM out 5).
The project would be accessible from Suffolk County Route 48, a high-speed
arterial roadway with one ingress and egress access. No traffic controls exist
or are proposed in this location; turning lanes have not been discussed. The
situation of vehicles entering the travel lane and decelerating to enter the
project could be dangerous. A pass-through to the westbound lanes is
currently not available and would require new construction in the road median
to align with future access. An existing pass-through occurs west of the parcel
with committed turning lanes, but it does not align with the property.
Utilities and public water services are in place to support the future
development of the parcel.
6. Ability of the sponsor or developer to make a subsidized project financially
viable (tax abatements through New York State)while keeping the housing
affordable and to achieve enough density (via rezoning) and subsidies to make it
worthwhile.
Southold Town Planning Board Page 14 April 13,2022
The applicant has indicated that they are experienced and qualified in
constructing affordable housing projects, which is a benefit.
Environmental Considerations
The parcel is located within a designated New York State Department of
Environmental Conservation(NYSDEC) Critical Environmental Area. Special
Groundwater Protection Area. Southold Town contains 23 NYSDEC Critical
Environmental Areas (CEA). To be designated as a CEA, an area must have an
exceptional or unique character with respect to one or more of the following:
• A benefit or threat to human health.
• A natural setting (e.g., fish and wildlife habitat, forest and vegetation,
and open space and areas of important aesthetic or scenic quality).
• Agricultural, social, cultural, historic,,archaeological, recreational, or
educational values.
• An inherent ecological, geological, or hydrological sensitivity that may
be adversely affected by any change.
The Special Groundwater Protection Area was established in 1993. Since that
time,the regulatory agencies have made significant progress on groundwater
quality protection from residential use. The use of water conservation measures
and best management practices for fertilizers are now required, together with the
help of I/A OWTS,that reduce the total nitrogen loading to groundwater. Even
with this progress, the cumulative impacts from higher density over the Special
Groundwater Protection Area could result in depletion of water sources and water
quality decline over time in these areas.
A Suffolk County Water Authority wellhead (Alvahs Lane) is located to the east
of the parcel. Public water is available to this parcel, alleviating the potential for
on-site treatment of contaminates and the threat of saltwater intrusion.
On March 25, 2022, the New York State Department of Environmental
Conservation Environmental Resource Mapper was consulted to determine if the
parcel or area is identified as containing environmental constraints.No unique
geological features, water bodies, wetlands, significant natural communities,rare
plants or animals, or flood threats were identified. It is expected, however, that the
parcel is used or in the vicinity of animals and plants listed as endangered or
threatened, specifically the Northern Long-Eared Bat, and it is recommended that
if the change of zone is approved,the applicant contact the New York State
Department of Environmental Conservation (631) 333-0306 to discuss regulations
that apply to the species.
The parcel is unimproved, located in an agricultural/residential neighborhood, and
is bordered on the north by Suffolk County Route 48, a busy arterial road. The
Southold Town Planning Board Page 15 April 13,2022
rear of the parcel abuts the Long Island Rail Road easement and tracks. Animal
species on site are expected to be indicative of those found in neighborhood
settings (small mammals, deer, and bird species). The applicant proposes to
selectively clear 4 acres leaving some woodland.
Cc: John Burke, Acting Town Attorney