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HomeMy WebLinkAboutCherepowicz, JosephBENNETT ORLOWSKL JR. Charrman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN Ii. SIDOR PLANNING BO~RI) OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town Hall, 53095 State Route 25 Sou~hold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Soutl~old To~ Clel~ To: Ms. Elizabeth Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Joe Cherepowich SCTM# 1000-38-1-1.3 &1.4 Date: July 22, 2003 The Planning Board has reviewed your request (dated July 16, 2003) for comments on the above referenced waiver petition at its July 21, 2003 worksession and again at its August 18, 2003 worksession. In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of any other comment or issues is beyond the scope of this review. The parcel is located on the south side of Main Road in East Marion in the R-40 zomng district. The proposed action involves the subdividing of a 4.24 acre parcel (SCTM# 1000-31-1-1.8) into four lots. (No survey was provided/See attached aerial photo). The above I~)t was created on Apd116, 2001 through Planning Board approval of the minor subdivision plat known as Cherepowich/Santacroce. Following approval of the subdivision plat, development rights from 27.538 acres (shown as Lot 2 on the subdivision plat) were sold to the County of Suffolk on July 25, 2001. © © The lot currently proposed for subdivision (SCTM# 1000-31-1-1.8) is a single and separate lot that was created through the approval of a "conservation subdivision" of the 33.01 acre parcel SCTM# 38-1-1.4 &1.3. During the subdivision of the parcel it was understood that the purpose of leaving out 4.24 acres from the development rights sale was to enable the creation of additional building lots on petitioner's property at some point in the future. The proposed action (major subdivision) would create 4 new residential building lots. The subject property contains no residential dwellings. Access to the propOSed lots is from Main Road The, Planning Board has reviewed the concept plan and the request for waiver. It offers the following comments: 1. At present, the proposed petitioner has not submitted a formal application to the Planning Board for the action. 2. The petitioner has not proposed a site design to meet the thresholds as outlined' in Local Law 3, 2002 and 2003. To meet the thresholds the applicant wOuld need to reduce the pro posed number of lots from 4 to 1 and increase the amount of land to be preserved by 3.18 acres. However, based upon the following information and the past conservation acts of the petitioner upon SCTM# 38-1-1.4 &1.3, the Planning Board's recommendation is that the Town Board grant the request of waiver for the application with the following condition: That the Planning Board has not applied the SEQR process to this application; nor has it coordinated with commenting boards or agencies (SCWA, SCDOH, r.qew York State Department of Environmental Protection (DEC)) and, therefore, the design and lot yield of the subdivision plat as .proposed in the petition to the Town Board may be subject to change during the mandated environmental rewew process that will be conducted by the Planning Board. The Planning Board is requesting that the Town Board state in the record that any approval of a waiver request grants the applicant only the right to proceed through the subdivision process pursuant to the Town of Southold Town Code Section A106 and that any approval from the Town Board should not be construed as approval of the subdivision and/or plat design. This decision is based upon the following facts: Land Use - The parcel is wooded. The dominant land use in the vicinity is moderate to high density residential. The subject parcel is zoned R-40. Each zone requires a m~nimum of 40,000 square feet per lot. The zoning district R-40 © © is located to the east, west and south The area north of Main Road is zoned A- C. Im proved residential lots are located to the west and north ranging from .26 acres to .53 acres. The parcel to the east and south is in agriculture. The development rights on the latter parcel were sold to Suffolk County by the petitioner in 2001. The historical purchase of development rights insures the continUed oPportunity to farm on the adjacent eastern parcel as well as provide open space vistas to the community. The properties to the north; across Main Roa~ include subdivision open space ow which no cteve,!oprrter~t rights exist. The la;h'd is' in act Ve agricultu~[ use. Based upon such, the proposed a~ion would not sign fl~ntly,dewa~e from the general, area land use, ~he intent ~)f Be R-40 zoning d istr'[c~- and the parcel: sizes to the west. Following the impro~,emept of the proposed parcel with potentially 4 single family residences, the view she(~ from Main Road is expected to be impacted. The Planning Board recognizes that development rights were purchased by Suffolk County in part to insur~he integrity of the view shed from Main Road south across the property. Al]~_orts to. minim ze~ the interruption of the view shed will be taken through the i~p!ementation of non-disturbanCe vegetation buffers to be retained a[,0ng the perimeter of the potential lots. Visual impacts will be assessed as apart o~the State E~:r0nmental Quality Review Act Section Article 8, Part 617'ar~d section A106 bf, ~he Town ef Sduthold Town Code review. Transportation Infrastructure -The proposed action is located on Main Road, a State Road. Transportation mpacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Natural Resources - The parcel is wooded and serves as a fragmented, isolated habitat for a variety of wildlife species due to the area being surrounded by moderate to high-density residential neighborhoods. If this property is subdivided, this habitat will be lost. The presence or absence of jurisdictional wetlands or slopes over 15% is unknown. Natural Resources will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617. The Planning Board may require limits of clearing to mitigate potential developmental impacts on the woodland habitat. Water Supply- The proposed action is accessible to water mains per the water main map. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems © O Water usage and sanitary impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Rural Character - The proposed action will impact rural character. The parcel is currently loca'~ed within the R-40 zoning districts. The R-40 zoning distdct is intended to permit high-density residential development. The proposed action wou[d result in the development of a vacant, wooded parcel into potentially 4 new residential structures. Visual screening should be employed to mitigate impacts through the uses of vegetative buffers betw?n the agricultural land and the proposed residential areas to maintain the view shed from Main Ro~d south. The property is not located within an identified Hamlet and therefore no impacts to the Rural, Cultural, Commercial and Historical Character of the Hamlets are expected. Agricultural Lands - Dominant soil types of the parcel are Haven Loam 0-2 percent slopes (HaA) -Capability Unit I-1 with a smaller portion of the parcel consisting of Haven Loam (HaB) 2 to 6 percent slopes. The soils are listed as prime agricultural soils by the USDA Soil Survey of Suffolk County (1972). Both of these soil types are listed as well suited for crops. The proposed action should not impact active agricultural operations, given that the parcel is wooded. Nor will the proposal impact current adjacent agricultural operations due to the Right-to-farm bill that will protect the farmer from any complaints that may be made by new homeowners. However, it will result in the loss of 4.24 acres of soils suitable for agriculture. The petitioner has sold development rights upon 27.53 acres located immediately to the east of the subject parcel; promoting the agricultural use of the land in perpetuity. Open Space and Recreation Space - The size, location and current use (wooded, vacant) of the property provides open space to the surrounding residential community, Due to the private ownership of the parcel the potential of recreational use is Iow. Based upon the above, it is the Planning Board's finding that the proposed action upon SCTM# 1000-31-1-1.8 (when considered separate of the petitioners past preservation actions) does not fully support the planning objectives of the Town of Southold which include: The preservation of farmland and agriculture, the preservation of open space and recreational space; the preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and surrounding areas and the preservation of the natural environment. However, the Planning Board finds that the petitioners past actions upon the parcel prior to the Apd116, 2001 su;bdivision does substantially meet the town goals and therefore should be considered in the review of this petition. The Planning Board finds that the proposed action is consistent with the surrounding land use and intent of © © the zoning district and therefore recommends that the Town Board grant the waiver. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. © © © © COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler ~Varchmaa, a public newspaper pr'rated at Sonthold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler ~Vatchm/an onc~e each week for ............ -- week(~ --~ ~uccessively, comme~Cf-r~ on the~ ...... ~:/. ...... day of .__ ~~.....,....., 2003. So to b~.o...~n..,;0~3his...~../..day of Notary Public Emily Hamill NOTARY PUBLIC. State of New York No. 011t_45059984 Qualified in Suffolk County Commission expires May 06. 2006 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIA(~E OFFICER RECORDS MANAGEMENT OFFICER ~FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Soul, hold, New York 11971 Fax (631) 765-6145 Telephone (63I) 76~-1800 sou~holdtown.norfl~ork.ne~ OFF]ICE (~F THE TOWN CLERK TOWN OF SOUTHOLD Augast 18, 2003 Thomas J. McCarthy, President McCarthy Real Estate, lnc. 46520 Route 48 Southold, New York 11971 Dear Mr. McCarthy: I received in today's mail your letter of Augus~ 13th asking for a refund of the $250.00 waiver fee on the Cherepowicz property with the Planning Board recommendation attached to it. I can understand your perception of the situation, with the given Planning Board recommendation dated July 22, 2003. However, the waiver application was the subject of discussion at the August 12, 2003 work session of the Town Board meeting (IV. 1.) Please be advised that after discussion and consultation with the Town Attorneys Office, it was determined that since this property had already once been subdivided, it would be necessary to apply for a subdivision and a waiver application in order to further subdivide it. I am assuming that you were unaware of this further development when you wrote your letter on August 13, 2003 and now that you are aware of it, you wish to proceed with the waiver application A legal notice has been prepared for the publ/c heating and send to the newspaper. Please call me immediately upon receipt of this letter to ascertain these facts. Thank you. Very truly yours, Southold Town Clerk Thomas J, Estate, Inc. ~6520 Route 48, Southold. New York 11971 765-5815 (631 ~ 765-5816 FAX August 13, 2003 Town of Southotd 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: SCTM# 1000-038-00-01-00-001-004 To The Members of the Town Board: Please let this letter serve as a request for a refund of $250.00 for au application on au Exemption from Subdivision Moratorium on the above parcel. Enclosed, please find that tiffs parcel is exempt from Local Law 3 of 2002 pursuant to section 3 item 4. Thank you. Thgmas J. McCarthy President enc Your One Stop Real Estate Shop BOARD' MEMBERS ~I~IETT ORLO~VSKI, JR. Chairman RICHARD CAG~GIANO WILLIAM J. CREMERS ~n~E~ L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town H~dl, 53095 State Route 2§ Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNIN~BOARD OFFICE TOV~N OF~ SOUTHOLD EECEIVED JUL 2 8 2003 To: From: Re: Ms. Betty Neville Town Clerk ~o¢~1~o1~[. ~'o~n ,.~ Bennett Orlowski, Chairman~ Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of/and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Joe Cherepowich SCTM# 1000-38-1-1.3 &1.4 Date: July 22, 2003 The Planning Board has reviewed your request dated July 16, 2003 to review the above referenced file at the July 21, 2003 worksession. It is the interpretation of the Board that the proposed action is exempt from Local Law 3 of 2002 pursuant to Section 3.1tern 4)which states: "New or pending applications for the subdivision of a parcel where interests or rights to rea/ property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right) to a portion of that parcel have been sold or gifted (for the purposes of preservation) to either the .Town of Southold...; the County of Suffolk; The Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law;" On July 25, 2001 the applicant has sold Development Rights to the County of Suffolk on'27.538 acres of the parcel. Please contact Mr. Mark Terry in our office with any ~urther questions. Cc: Greg Yakaboski, Town Attorney Patricia Finnigan, Assistant Town Attorney LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board 0£the Town of Southold h~reby sets 5:0~ p.m., AUgust 26~ 2003 at Southold Town ltal[53095:M~ Road~ South01d, New York, for a public hearing on the application requesting a waiver from the prohsions of the Local Law cmtitled "Temporary Moratorium on the Processing, Review of, and making Decksions on the applications for Major and Minor Subdivisions, and Special ~se Per. re. and Site Plans e0ntaining dwe~ng unit(s)~ in th~ T~own of S0uLItotd' for the minqr s ,u~divisjon of Joseph A. Cherepowich for the parcel ide~ed~gs SCT1VIg i00Br38~i2~ 3& 1 4 located on'the south side of the Main Road in East Dated: August t2, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD E1/zabeth Neville T°wn Clerk PLEASE PUBLISH ON AUGUST 2L 2003~ ~ND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZAB ~ETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the follow/ng: Traveler Watchman Town planner, V. Scopaz Town Clerk's Bulletin Board Town Board Mmnbers Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southoldi New York being dulyswom, says that on the [~ dayof Gua,.~,.~ .2003, she affixed a notice of which the armexed printed notice is a true copy, irt a Proper and substantial manner, in a mos~ public place in the Town of South01d, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Rosd, $oxtthold, New York. NOTICE OF PUBLIC HEAR1NG TO BE HELD oN: 5:00 pm on August 26, 2003 r~Eliz~tl~'th A. N~vil~ Southold Town Clerk Sworn before mq~this 1~ day of (~x0- .2003. ° '~°}ar~ Public NOTARY PUBLIC, State of No, 01 B06020932 TeOUalffied in S~ffolk ~ rm ~pires Mm~ ~ 20~ ELIZABETH A. NEVILI,E TOWN CLERK REGISTP. J~R OF VITAL STATISTICS MARRL~GE OFFICER RECORDS 1V~M'qAGE1VI~NT OFFICER FREEDOM OF INFORlg~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 s?utl~oidtown.nor thfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTI-IOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 510 OF 2003 WAS ADOPTED AT TI~F, REGULAR MEl~TING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2003: RESOLVED, that the Town Board of the Town of Southold hereby sets 5:00 p.m., August 26, 2003 at Southold Town Hall, 53095 Main Road, Sonthold, New York, for a public hearing on the anolication requesting a waiver from the provisions of the Local Law entitled "Temoorarv Moraforium on the Processing, Review of, and m~kln~ Decisions on the applications for Ma|or. and Minor Subdivisions, and Special Use Permits and Site Plans coataining dwelling nnit(s) in the Town of Sonthold' for the minor subdivision of Joseph A. Cherepowich for the parcel identified as SCTM# 1000-38q-1.3 & 1.4 located on the south side of the Mairt Road in East Marion. Elizabeth A. Neville Southold Town Clerk PLANNING BOARD ~MBER~S BENNETT ORLO~KI. JR. Cb~irm~n RICHARD ~ILL~ J. CRE~RS ~NNETH L. EDW~S ~TIN P.O. Box 1179 Town Hall, 53095 S~ate Route 25 Southold, New York 11971-0959 Telephone (631 765-1938 Fax (631) 765-3136 T~ PLANNING BOARD OFFICE - - TOWN OF SOUTHOLD R~CEI¥~D JUL 2 8 2003 To: From: Re: Ms. Betty Neville Town Clerk Seu~hold_ . Town Bennett Orlowski, Chairman~ Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Mi nor Subdivision of Joe Cherepowich SCTM# 1000-38-1-1.3 &1.4 Date: July 22, 2003 The Planning Board has reviewed your request dated July 16, 2003 to review the above referenced file at the July 21,2003 worksession. It is the interpretation of the Board that the proposed action is exempt from Local Law 3 of 2002 pursuant to Section 3 Item 4) which states: "New or pending applications for the subdivision of a parcel where interests or rights to real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right) to a portion of that parcel have been sold or gifted (for the purposes of preservation) to either the Town of Southold ..; the County of Suffolk; The Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law;" On July 25, 2001 the applicant has sold Development Rights to the County of Suffolk on 27.538 acres of the parcel. Please contact Mr. Mark Terry in our office with any further questions. Cc: Greg Yakaboski. Town Attorney Patricia Finnigan, Assistant Town Attorney ELIZABETH A. NEVILLE TOWI~ CLERK REGISTRAR OF VITAL STATISTICS 3KA~RL~GE OFFICER RECORDS 35A~_~GEMEN~P OFFICER Ft~EDOM OF ]~F~RIv~TION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (6311 765-1800 southaldtown~nor tlfforkmet To~ Froln.' Re: Date: Supervisor & Southold Town Board Valerle Scopaz, Town Planner Gregory F. Yakaboski, Town Attorney Elizabeth A. Neville, Southold Town Clerk Moratorium Request of Joseph Cherepowicz July 16, 2003 Please review the above and send me your recommendations in writing, on the above Thank you. 6500 Main Road East Marion, NY 11939-1502 (631) 477-0986 July 1, 2003 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Exemption from Subdivision Moratorium SCTMg: 1000-038-00-01-00-001-0~4 To the Esteemed Members of the Board: Thank you for takiag the time to allow me to explain my situation and fommlly request an exemption to your current subdivision moratorium. My family and I have owned and farmed this propcxty since the 1930s. Back in 2000, I applied for a Minor Subdi~sion of Ibis parcel, coupled with a sale of development rights for the farm acreage. The Minor Subdivisio~ was granted by the Planning Board allowing us to divide the farm into a four-lot minor subdivision on 34.85 acres. There were several motivations for our family to consider when we embarked on that journey. We wanted to preserve a part of our heritage, provide for our present needs and ensure our fulure. By dividing the parcel as we did, we created two lots for both my mother's home and my own home, a farm parcel that could continue as a legacy to the family, and a 4 acre parcel that could be further subdivided to provide a for our future generations. At, that times it was clearly tmderstood that our intentions were to further subdivide lot # 4/ate four one acre lots using its R40 zoning. This lot was created ~nd designed for this express purpose. We did not pursue the four tots aVthat time because we w/shed to keep our expenses m a minimm and the process as streamlined as possible. At the present time, our situation dictates that we the further divide our property and the subdivision moratorit~ is preventing this. It is a dark cloud for my family~ It seriously affects our thture. If we bad known at the time haw gravely this would affect us, we would have gone for the major subdivision and created the four One acre lots. Our children and grandchildren can no longer afford to purchase property in Southold Town. My family feels that we have done our part in preserving the rural character of Southold. We sold our development rights for less than we could have realized through othe~ means. This difficult decision was arrived at based upon the fact that we would be allowed to timber subdivide in the furore in order m soften the blow of giving up our rights on the farm. I feel that we have been extremely upfroat and candid regarding our retentions with the Planning Board and all parties involved and at th/s time we need your help. We have taken steps to ensure Sonthold's famre, and now we ask you to take this step to ensure ours. Thang you. Sincerely, /) ~ ~/Joseptl A. Cherepowich ~