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HomeMy WebLinkAboutSchneider, Ernest ELIZABETH A~ NEvII~LE TOWN~CLEI~I REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER R Ecom)s MANAGEMENT OFFrC~ FREED OM OF. LNFORM_&TION OFFICER OFFICE OF THE TO~N CLERK TOWN OF SouTHoLD Town Hall, 53095 Main l~oad P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~ho~dtown.nor thfork.net THIS IS TO CERT~ THAT THE FOLLOWING RESOLUTION NO. 325 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THI~ SOUTHOLD TOWN BOARD ON MAY 20, 2003: WHEREAS an application has bccn madc by Ernest Schneider for a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exccptiun Usc Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to .Section 6 "Appeal Procedures" of Locai Law #3-2002 to permit thc Planning Board to consider an applicafiun for a minor subdi~ion for the parcel of property known as SCTM# 1000-101-01-14.3; and WItEREAS the application ifivolves the subdivision of a 13 41 acre parcel into 2 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered ali pertinent docaments; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local LaW #3,2002 and Local Law #3-2003 and the section states: Section 6~ APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision oftlfis Local Law, in its le~slative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, na~ral resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. ~WHEREAs the Town has hired a "moratorium group" consisting of in-house and outside :planners and attorneys who are working on a "Comprehensive Implementation Strategf' of the 'Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in ~e SEOKA.Resolutt0n dated January 7, 2003 for the ~outhold Comprehensive tmplementt[ti~!t Strategy which is incorporated by reference into this decision); and WHEREAS the Town Board fmds that the application is not in contrast with the extensive plannfi~ 'rig initiatives being undertaken by the "moratorium group', or the Comprehensive Plan of the ~own of Sonthotd; a~d WHEREAS the To-am Board finds that this application will not adversely affect the purpose of the Local Law # 3 0f2002 and Local Law #3 of 2003; and WHEREAS the Town Board of the Town of Southold £mds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold funds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS the Town Board of the Town of Southold finds that the application has no effect on agricultural lands and open and recreational space; and WHEREAS based on th~ application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No. 3 of 2003, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby. approved. Elizabeth A. Neville Southold Town Clerk C © REsoi tiT ON MAY 20, 2~03 V - 325 ~W[I~ ~REAS an application has)cch made by Ernest Schneider for a waive~ from the ~rr~-i/~i0ns of LOcal L~w~#3 6£2002 (and[ e:~te~d~d by Local La~ #'3 bf2003) entitled TemPorary Moratoriam on the Processing, Review of, an~ m35n"ng Dec~ion~ on applications for Majpr, Subdi~sions, Minor Subdivisipns and Special Ex~,tion US~ Permits ,and ,Site Plans containing Dweilii/~Un/t(~ in,the~To~ of Soufholc['.' pursiia~t io Sdction 6 "Appel!- Procedures'' of Local' Law #3:2002 i0' p~imit the Planning Bo~d~to aonsid~r an appljgafion for a minor subdivis, ign, for the~parcel ofpro~?erty ~lmown as SCTM# 1000-10t-01-14.3; and W~E~,~a.~p¢~gn revolves tl~,ub~on oi'a ~!~t.a~e parcel into 2 lots, and WHEREAS the To~xaa Board has reviewed the file, conducted a public hearing, and considered al! pertinent documents; and WHEI~_EAS the criteria that the applicant must meet ~s set for~hin section 6: (Appeal Procedure) of Loc~ Law #3-2002 and Local Law ~3-2003 and the section states: ,Set,on fi} APPEAL PROCEDURES a.' ' The Town Board shall have the authority ~o vary.or wmve, the application of any pro%sion o f this Local Law, in its legislative discrefior~ upon its determination, that such variance,or,waiver is required to alleviate an extraordinarythardship affecting a parce~ of property~ To grant such request, the Town Board must find that a vahance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town, The Town Board shall take into account the existing land use in the mediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold and certim comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the To~vn and a 60% reduction in density and clear establishment of the Harrdet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of Southold; and WHEtlEAS th%Town Board ~ ~at this ~/ppt[catign.will not adve~ely affect ~ purpose of the Loca~L/w~3 b~,2002-and Ld/aiLaw #3 of 2003} and . ~ WHEREAS tke Town Boardpf~;Towg of,Somhol~d finds that the appl~catio~will not adversely aff~ct the ~h,eal~ s~:fety, 0i welf~e of the Town oSSoUthold; and' . WIlE. mS tike Town Board o~¢;~r0wn of Soutk6td fin,ds that the irnnor~ divomon : mlicalion-iA c< nsi, U I" x~'i ~ng land'Use in,tike 8p. rI3.qm~;l~n-, mc:,~ :md ll:~s'~ minhn.ll ' ' : ' ' . ',~x~.~¢~ '~ ;~ ~" '~ ~ ~': ~ ~-' ~ .... · · Illlp:~c[ on v, ;II,.T SUl;?[~, rm:at:~,~ter, naSmra} resources ai~d ~l'~!~,l~Or~n.~on HIIla>D t~ctulc o. the WHEREAS the Town Board o£ the Town ofSouthold finc~s that the applicati°/} ~'s no 'effect on ..agricultural lands, and: open an{~creational space; and WttEREAS based on the application, all relevant d0cumenmtion, the .comments set forth at the public hearing on. this matter,~ ~gpmPrehensive planning currently be~rtg ~mdertaken by the Towr~ the above referencec/~a6t~, ~d the criteria ~6t forth in Local Law N'(~ 3 of 2002 and extended by Local Law No. 3 dfC.003, Section 6: Appeals Procedures, the ~Fplican~ has met its burden pursuant to the criteria;.agd Be it~RESOLVED by the Towr~ Board of the Town of Southold that the a, pplieation is hereby approved. 'C © SOUTHOLD TOWNBOARD PUBLIC HEARING May 20, 2003 8:00 P.M. HEARING ON THE WAIVER APPLICATION FROM THE PROVISIONS OF "A LOCAL LAW IN RELATION TO A ONE ITtJNT)RED EIGHTY DAY EXTENSION~ OF THE TEMPORARY MORATORIUM ON THE PROCESSiNG. REVIEW OF, AND 1VLAKING DECISION ON THE :?AP?LICATIONS FOR MAJOR SUBDIVISION; MINOR SUBDIVISIONS, AND SPECIAL USE ~ERMiTS,~z,- AND SITE PLANS CONTAINING DWELLING UNIT(S) iN THE TOWN OF ~!.,SOUTHOLD? FOR THE MiNOR SUBDIVISION OF ERNEST SCHNEIDER, SCTM #1000401-1- 14.3. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Will/am D. Moore Councilman Craig A. Richter Councilman Jolm M. Romanelli Councilman Thomas H. Wickham To~vn Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:00 p.m., May 20, 2003 at Southold: Town I/all, 53095 Main Road, Southold, New York. for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of~ and making Decisions on the applications for Maior and Minor Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of SouthoId" for the minor subdivision of Ernest Schneider~ located southwest of Alvah's Lane~ Cntchogne and identified by SCTM # 1000-101-1-14.3. I have the file in front of me and I have an affidavit of publication in the official newspaper of the Town, which is the Traveler-Watchman. And I have a legal notice that it has been published outside the doors here of the meeting room, on the Town Clerk's bulletin board. And I have several communications, including a response from the Planning Board, who was asked to review this application. The response ss many pages, I believe there is five or six pages and ~ am nor going to t~¥ m summarize the whole thing bm I can say that in this memo the Planning Board will only address this request in the context of land use planning. Considerations an4 comments upon any other reasons as stated are beyond the scope of this review. The proposed action involves subdividing a 13.4 acre parcel into two lots and through a lot line modification, enlarging one of the lots from 1.I 1 to 2.3 acres. Lot one ~s currently a single and separate lot and mxproved with a single-family residence. The proposed lot two is an improved with a single-family residence and equals 2.6 acres and the proposed lot three is improved with greenhouses and equals 8.5 acres. The action would create two new © © May 20, 2003 ~ 2 Pubhc Hearing Schneider waiver residential lots. The parcel is located southwest of Alvahs Lane and it is an AC zoning disttict. The Plarm/ng Board has reviewed the progression of the application and the reqnest for waiver for the proposed minor subdivision of Ernest Schneider and makes the recommendation that the To~vn Board grant the requested waiver for the applicant. The decision is based upon the following facts and there follow about several pages regarding land use, transportation, natural resources, water supply, agricultural lands and open space and recreafior~ I also have a letter from the attorney representing the Schneider family, in wi~ch they outline why they think that the Town Board should in fact, enact or approve the waiver. The letter deals wi. th liability issues, home ownership, financing, estate planning and as business loan cotlateral. And those are the, that completes the file. SUPERVISOR HORTON: We will open the floor to the public. Would anybody care ro address the Board on this specLfic public hean~g~ ABIGAIL WICKHAM, ATTORNEY REPRESENTING THE SCHNEIDER FAMILY: Good evening, my name is Abigail W'¢ckham, I am here on behalf of the Schneider family. Mr. Schneider, Junior and Senior are here in the audience with me. They prefer that 1[ do the public spealdng but if you have any questions Of them, I am sure that they would be glad to answer them They may like to make a statement at the Conclnsfon. I would 1/ke to fncst reiterate in more detail, the reasoning of the Planning Board in reeo~:maending that you grant this waiver. Specifically, the land use will not be adversely effected vis-/t-,vis the goals of the moratorium and as far as this subdivision ~s concerned, There are, the dominant larrd use is, already developed. The proper~y is already developed. I would 1/kc to just clarify that we are tall~ing about dividing the 12.3 acre parcel into two parcels, one of which already contains an existbxg c~w¢llin~g which will contain approximately two acres, a little over two acres and the balance of that'12 aCre parcel will contain the existing greenhouse operation, on about 8 acres. The difference of an acre or an acre and a half will be added to another existing residence dwelling, owned in single anc~ separate ownership adjoining the property owned by Mr. Schneider's daughter and her husband. So we are only talking abont ca'eating a two lot division of an existing house from an existing greenhouse operation. And expanding the size of a one. acre improved residential parcel, none of which have any active farmland and I think that it is probable the main reason that the Plarming Board concl/tded that land use was not r~¢gatiYely impacted. The water supply has been reviewed by and~ approved :by the Health Deparnnent, Each of the three sites have existing water supply, served by pr/vate we'l!.~, as well as underground 9e, sspool systems. The rural character that the Planning Board mentioned WOuld not be adversely affecied because there are akeady improved structures, two residences and one 61i,000 square foot greenhouse, by the way, on the progeny. And I would like ro also point, out that the Planning Board did not feel that significant ope. n space or recreation space was aval!able on the property at finis point and therefore would not be negatively impacting on the goals of the mor.atorium. I would also l/ke to re[er you to my letter to you dated April 4th, which goes into detai~ as ~o the. specific reasons for the application and the hardships that are incurred if tiffs is not granted. The moratorium is immediately'and continually interfering with Mr. Schneider's business fm~cing, his estate planning, his son and dartghier-in-law's fi~ancSal affairs, even though the nature of this property is such that the moratorium goals can in no way be attained by not allowing the subdiwmon of th/s property. It ts already developed, there is, no fannl~md,~ there is no open space to speak of and f think that it is one of those parcels which has been caught hi the re,hnical tentacles of your moratorium. Merely by being in the wrong zone at the wrmlg time. And that is why I think thru the waiver was designed to look at these parcels that are caught up in there and got them out so that they can get on with their lives. You may or may not be aware that this application was © O May20, 2003 C 0 3 Public Heating Schneider waiv~ initially made many years ago in the 1990's that was approved up to a stage by the Planning Board but for various reasons the applicant was not able to complete it. This is not a new idea. It was rednitiated in April '01, two years ago. Well in advance of the moratorium but due primarily to a very lengthy Health Department approval process, it did not receive final Planning Board approval before your moratorium went into effect. The Health Depamnent approval has since been obtaine& Addressing specifically the financial hardship, as I mentioned there is a greenhouse operation on the property, they employ a lot of people loCal/y, they live here, they work here, 61,000 square feet at tl/~s point. They are in production as mauymonths of the year as is possible and that is 12, I guess that is as many as ~s possible for the year. Becat~se of tho heavyfinanc~g, for those ofyouwho are familiar with financing know about, you have high cash needs on an agricultural operation for s~trtup, production, ~?uipmem, every season, in relation to a very seasonally driven sales peri~& An&~the collateral is the property when yon are Because the property/~ his wife and family, and the greenhous~ deal need to borrow m~ywhO'e buildings and whatnot. and daughter-in-law take title to that on the one acre that size be increased that Mr. Schneider is and younger that goal. Those of yon ago of a very virulen immediate concern to with a commercial may impact could lose the house. is ancrther very difficult the ~-eenhouse parcel, in the back under the po~er 1 if those properties were doing and evaluations. based on what yon Again, they don't intend to permitting the subdivision tho ~ it to be subdivided for are baying over five acre: would seriously urge of situation and I wonlc; hop,e: that you wozdd ag~.~ with questions, we would be happy tO answer them. or even a commercial bank, they Wan~ a mortgage. Jr and rate and who hves m~o .ed ,.,,~. x bm 5oo ~e deahng hat you conid tl~y have been that by s~ze a~'c[ not al/owing ~ ttle~ controversy that yon iS something I , for this type if you have any May 20, 2003 Public Hearing Schneider ~aiver SUPERVISOR HORTON: Would anyone else care to address the Board on this specific public hearing? Do any Board members have comments? COUNCILMAN MOORE: I just have one question for Gall. If this. would be approved, you would end up with an 8 acre piece with a greenhouse or a i0 acre piece? MS. WICKHAM: 8.5. The difference, Bill, is there is something adding ro the other parcel. COUNCILMAN MOORE: What do you end up with lot coverage on rite greenhouse piece? MS. WICKHAM: Well, 60,000 square feet is an acre and a half.. COUNCILMAN MOORE: Right. MS. WICKHAM: Eight and a half acres is pre~ym/nor. It is less than 20%. COUNCILMAN MOORE: Thank you. I wasn't sure if we had 8 or I0. SUPERVISOR HORTON: Do any othe/: Board members have conm~ent on this pubhc hearflng? (No response). We will close the hearing. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. IN-E~ TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORIvlATION O~'r'ICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631] 765-1800 southoldtown.nor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 25, 2003 Abigail Wickham Wickham, Bressler, Gordon & Geasa, PC P O Box 1424 Mattituck NY 11952 Re: Ernest Schneider Waiver Request Dear Ms. Wickham: It is my pleasure to inform you that the Southold Town Board, at its meeting held Tuesday, May 20, 2003, adopted resolution No. 325 granting the request for a waiver of the subdivision moratorium for the property identified as SCTM #1000- 101-01-14.3. A certified copy o£the resolution is enclosed. Very truly yours, El/zabeth A. Neville Southold Town Clerk Eric. cc: Ernest Schneider © COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman. a public newspaper pri~ed at Southold, in SmqTolk Cotmty; and that the notice of which the mmexed is a printed e. opy, has been published in said Traveler Watching, once each week for ...... ~/.....week~ sxmcessively, commencin~ j~.~e ...... ./,..'~. ...... day of ..... ~..~.r~.....~...., 2~0,. Sworm to before mg~ t~his /J"~ day of .... ~ ..... ,_00,. ' ........ Notary Public Emily Hamill NOTARY PUBLIC. State of New York No. 0tHA5059984 Qualified in Suffolk County Commission expires May 06, 2006 ©© LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Sottthold hereby sets-8:00 p.m. May 20~ 21103 at Southold Town Hail, 53095 Main Road, Southold, New York, for a public hearing on the application requestine a, waiver from the orovisions of the LoetiI,Law entitled "Temporary Moratorium on the Processing, Review of, and-makingDeeisions on the applications for Ma|or and Minor Subdivisions, and spe?ial-,lX'se Perm/ts and Site Plans containing dwelling unit(s)/ri,the Town of SD~DI~ :; f ,oi*~,~e minor snbdiv,smn of Ernest Selmeitler, Iocated. soyatltWest; of Mvali's:~ai~::,C~utchogne and identified by SCTrVl,g 1000-101-I-1~3. Dated: May 6, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 15, 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman town Planner, V. Scopaz Town Clerk's Bulletin Board Town Board Members Town Attorney O0 O0 SS: COUN;TY OF ~FFOLK) ELIZ3'~BETIt 3i ~:VILLE, Tom Clerk o£the Town of Sontho!d, New York Being duly sworn, samhat on the ~ day of ... /Y~o..~ .2003, she affixed a notice of which tl~e ~ed::prin~ notice is a tree: copy,- .~0~ ~ proper and StLbstantial manner, in a most pub lie p!~.~e in the Town of South01d, SUffolk County, New Y~rk, to wit: Town Clerk s Bul/etm Board 5g095 Mare Road, Southold~ New York NOTICE OF PUBLIC HEARING TO BE HELD ON: 8:00 pm May 20, 2003 Fa~zabeth A. Neville ( Southold Town Clerk Sworn before me this f~ dayof ~r'Y'hO.x~ ,2003. ~" ~q~[tary Public L"t~'DA M. t~OHI, t NOTARY PUBLIC, State of New ilo. 01 B06020932 '~ Expires Mar.~h 8, 20 ELIZABETH A. NE~r.LF. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 3/IA~AGEMENT OFFICER FI~EEDOM OF II~FO~TION O~'FICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 286 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTItOLD TOWN BOARD ON MAY 6, 2003: RESOLVED, that the Town Board of the Town of Southold hereby sets 8:00 p.m., May 20, 2003 at Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on the appIications for Maior and Minor Subdivisions, and Speeiai Use Permits and Site Plans containing dwelling unit(s) in the Town of Southold" for the minor subdivision of Ernest Schneider, located southwest of Alvah's Lane, Cutchogne and ide~/tified by SCTM # 1000- 101-1-14.3. Elizabeth A. Neville Southold Town Clerk TOWN CLERK ][{EGiSTRAR OF VITAL STATISTICS I~ARRI~GE OFFICER ~cOi~DS :MANAGE/V!F~ ..O~;iCER FREED9 ~M, O~ IN~TORMA'rlON OFFICER T0~:Hall; ~5309~ Maifi Road P.O[ Box 1179 S0uthold, NewYork 11971 . , . % Fax (631)~6543145 . . Telephone (631) 765,!800 d~hotdtowmn~lafork.ne~ OFFICE THI ' CLERK ToWN 0:F S¢UTHOL A/pill25,2003 Arm: Abigail Wickham Wickham, B~essler, Gordon & Geasa P O Box 1424 Matt[tuck NY 1 !:952 Dear Ms. Wickham: The Southold Town Board, at its meeting held Tuesday, May 6, 2003, adopted a resolution No. 286 setting the time and dhte of the public hearing for the waiver request,to theMOratorium on Subdiv/sions for Ernest Schneider. The public hearing has been scheduled for Tuesday, May 20, 2003 at 8:00 P.M. at Southold Town HaH. A certified copy of the resolution is enclosed. Very truly yours, Elizabeth A~ Neville Soathold Town Clerk Ellc. ~ELIZABETH A, JVEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ]~a2~AGEMENT OFFICER FREEDOM OF INFORMATIOI',~ OFFICER ]~;,?, iT0w/~ Hall, 53095 Main Road P.O. ,Box 1179 Southold, New York 11971 Fa~ ~.631~ 765-6145 ~ ~* TeIephone (6~1) 76~-1800 ~o~holc[t own.nor th fork,net, · OFFICE OF THE TOWN CLERK TOWN OF ~OUTHOLD THIS IS TO CERTIFY THAT THE ]~OLLOWING RESOLUTION NO. 286 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2003: RESOLVED. that the Town Board of the Town of Southold hereby sets 8:00 p.m. Mav 20, 2003 at Southold Town Hall, 53095 Main Road. Southold, New York. for a public hearing on the aoolication reauesting a waiver from the provisions of the Local:Law entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Maior and Minor Subdivisions, and Special Use Permits and Site Plans containing d~*elling unit(s) in the Town of Southold" for the minor subdivision of Ernest Schneider, Ideated southwesl of Alvah's Lane, Cntchogue and identified by SCTM # 1000- 101-1-14.3. Elizabeth A. Neville S0UthOld Town Clerk REGISTRAR OF VITAL STATISTICS 1WrARItlAGE OFFICER RECORDS iVIANAGEMENT OFFICER FREEDOM OF INFORMakTION OFFICF~R Town Hall~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 south~td~own.norf~fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLIffION NO. 286 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY' 6, 2003: RESOLVED. that the Town Board of the Town of Southold hereby sets 8:00 p.m, May 20, 2003 a~t Southold Town Hall. 53095 Main Roa& Southold. New York. for a pnblic hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporar~ Moratorium on the Processing, Review of, and making Decisions on the applications for Maior and Minor Subdivisions, and Special Use Pemits and Site Plans containing dwelling unit(s) in the Town of Southold" for the minor subdivision of Ernest Schneider, located southwest of Alvah's Lane, Cutchogue and identified by SCTM # 1000- 101-1-14.3. Elizabeth A. Neville Southold Town Clerk RESOLUTION May 6, 2003 V - 286 RESOLVED, that the Town Board of the Town of Southold hereby sets 8:00 p.nL, May 20, 2003 at Southold Town Hail, 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processin2, Review of, and malrin2 Decisions on the applications for Major. and Minor Subdivisions, and Special Use Permits and Site Plans ~ntammg dwelhng unit(s) m the Town of Southold for the. n~.nor subdivismn of Ernest ~SChneider, locater[ southwest of Alvah~'s Lane, Cutchoaue an~identffied b~ SC~TM ~ 1000- 101-1-143. BE1NVNETT ORLOWSKI, JR. RICHARD CAGGIANO V/ILLIANI J. CRFa~FERS KENNETH L. EDWARDS ~TIN II. SIIYOR P.O. Bo~ 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-313~3 PIANNIN~ BOAR/) OFFICE o s6bT bLD RECEIVED ~M 2 2003 %ut]~old To~ To: Ms. Betty 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 Cfse Permits and Site Plans containing dwelling Unit(s) in the Town of $outhold for the Minor Subdivision of Ernest Schneidec SCTM# 1000,101-01-14.3 Date: April 28, 2003 In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyOnd the scope of this review. The proposed action involves the subdividing of a 13.41 acre Parcel (SCTM# 1000-101-01-14.3) into two lots and through a lot line modification, enlarging Lot 1 (SCTMf¢ rl000-95-3-10) from 1.11 acres to 2.32 acres. Lot 1 is currently a single and separate lot and improved with a single-family residence; Proposed Lot 2 is improved with a single family residence and equals 2.61 acres and proposed Lot3 is improved with greenhouses and equals 8.48 acres. The action would creat, e two new residential lots. The parcel is located southwest of Alvah's Lane, 1.347;30 feet north of Middle Road (C.R. 48) in Cutchogue (Exhibit 1). The property is !ocated in the A-C (Agricultural Conservation) zoning district. On April 4, 200~ the Pl~anning Board granted conditional sketch plan approval on the map dated March i8, 2001. The Planning; Board has reviewed the progression of the application and the request for waiver for the proposed Minor Subdivision of Ernest Schneider and makes a recommendation that the Town BOard grant the request of waiver roi' the application. This decision is based upon the following facts: Land Use - The dominant land use in the vicinity is agriculture mixed with low density ¢esidertL~ial. The area is wooded to the southwest of the subject parcel Lot 1, is occupied by a single-family residence and several out-buildings. I~ot 2is occupied by a single-family res dance and Lot 3 is occupied by a greenhouse complex. Thc Long island Lighting Co, hold~s a Easement that transverses the north,em's'e(~tjon, of the p,rOp~y: ,The'parcel ~s'irt lawn V~i~h a few intersperset:t irea to.provide collective lacili[y ,wiLh*h*Jrd SE~R ~ ~nd 'ne- ~'~nffican¢ adVerse ~mpacts were howcve'r~.t~.l lhis regidn has been identi~ed as to ~h~ ~pwn~.~[ 8outhold. and.all effo~ to s~eo ~: ,~taken. The'.$Ubject~parcel is zoned A-C, which requires a minimumsJze of 80,000 The A-C zoning distdct is also IoCated,tothe north,;seuth and Lots in the general vicinity range from 1 acre to 2.85acres; acres m size. Based upon such, the proposed ,action deviate from the general area land 6se and the p~rael ~ Alvah's Lane. February 24, 1992 the Planning Board ~ Declaration pursuant to the State Envirorimental Quality Article 8, Part 617 indicating that no sighificant traffic impacts project, is implemented as planned.' ,,~, Na(aral Resources - The parcels are in lawn with few inter~Cpersed trees. On: Fe~,arY24, 1,992 the Planning Board issued a Negative Declaration pursuant to the~, t~.~n~iro~mental QUality Review Act Section Article, 6,.Part'8~ 7 ihdicating tha,~pi~nificai~ impacts are ~Xpected to occur if the pr°Ject~;is implemented ~s plar~'ned. The action does not fall within the jurisdiction of the Suffolk County Planning Commission, therefore, coordination with the commission is not necessary. Water Supply - Water Supply to Lot 1, Lot 2 and Lot 3 are currently served by wells, Sanitary disposal within the proposed subdivision is managed by on-site underground sewage leaching systems Rural Character - Lots 1 and 2 are improved with single family residences. The proposed action could result in the residential development of Lot 3. The view shed could be disrupted. As mentioned above, this area is scenic and placement of a residence should be evaluated to minimize any adverse impacts to the area. Agricultural Lands - The parcel is currently located within the A-C zoning district; a designation intended to promote the preservation of agriculture soils and associated practices. Currently Lots 1 and 2 are improved and in lawn; therefore, no loss of significant agricultural use will occur. Lot 3 contains greenhouses and paved surfaces. Exclusive of the greenhouses, no land area is in agriculture use. Soil types of the parcels include Haven Loam, 0 to 2 percent slopes (HaA) - Capability Unit lie-1 and Riverhead Sandy Loam. 3 to 8 percent slopes (RdB} - Capability Unit lie-2 (Soil Survey of Suffolk County 1972). The soils are listed as Suffolk County Prime Farmland by the USDA Natural Resource Conservation Service. The soil types are well suited for crops. If a single family residence is constructed upon lot $ or the greenhouse complex is expanded, prime agricultural soils will be impacted or lost dependent upon the type of structure. Open Space and Recreation S pace - Due to the size. location and current use of the property, the potential to provide significant open space or recreational uses are iow. Based upon the above, it is the Planning Boards' finding that although the oroposed project does not fully support the planning objectives of the Town of Southold which include: The preservation of open space and recreational space; the preservation of the rural, cultural and historical character of the Hamlets and surrounding areas and the preservation of the natural environment; the size, location and current residential use of the Lots 1 and 2 limits the ability of the proposed action to fully support such objectives. Proposed Lot 3 is in active agriculture, however, due to the size and type of current operations, little opportunity exists to meet the above goals. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. PI~4~NI~G BOARD BENNETT ORLO'WSKI, ,JR. Chairman RICHARD CAGG~O ~LL~ J. CREME~ ~NNETH L. E~W~S ~T~ H. ~DOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town Hall. 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 REC~IYED To: Ms. Betty 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 Ernest Schneider SCTM# 1000-101-01-14.3 Date: April 28, 2003 in this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The proposed action involves the subdividing of a 13.41 acre Parcel (SCTM# 1000-101-0%14.3) into two lots and through a lot line modification, enlarging Lot I (SCTM# 1000-95-3T10) from 1.11 acres to 2.32 acres. Lot 1 is currently a single and separate lot and improved with a single-family residence; Proposed Lot 2 is improved With a single family residence and equals 2.61 acres and proposed Lot 3 is improved with greenhouses and equals 8.48 acres. The action would create two new residential lots. The parcel is located southwest of Alvah's Lane, 1347,30 feet nOrth of Middle Road (C.R. 48) in Cutchogue (Exhibit 1). The property is located in the A-C (Agricultural Conservation) zoning district. On April 4, 2001 the Planning Board granted conditional sketch plan approval on the map dated March 18, 2001. The Planning Board has reviewed the progression of the application and the request for waiver for the proposed Minor Subdivision of Ernest Schneider and makes a recommendation that the Town Board grant the request of waiver for the application. This decision is based upon the following facts: Land Use - The dominant land use in the vicinity is agriculture mixed with Iow density residential. The area is wooded to the southwest of the subject pamel. Lot 1 is'occupied by a single-family residence and several out-buildings. Lot 2 is occupied by a single-family residence and Lot 3 is occupied by a greenhouse complex. The Long Island Lighting Co. holds a Easement that transverses the northern section of the property. The parcel is in lawn with a few interspersed trees. The potenti.al of the area to provide collective open space and/or open space easements Is Iow. Proposed Lots 1 and 2 are developed in single family residences and therefore no opportunity exists. Lot 3 is a working agricultural ~faCititywith hare S~ruCtures in place. During the application process, the visual impacts were evaluated during the SEQR review and no "Significant" adverse impacts were identified. Note, howeve'r, that this region has been identified as providing significant scenic value to the Town of Southold and all efforts to minimize the interruption of the view Shedshould be taken. The subject parcel is zoned A-C, which requires a m~nimum size of 80,000 square feet per lot. The A-C zoning district is also located to the north, south and east of the pamel. Lots in the general vicinity range from 1 acre to 2.85 acres; with numerous lots over 2 acres in size. Based upon such, the proposed.action would not signifiCantly deviate from the general a rea land use and the parcel sizes adjacen,t to Alvah's Lane. Transportation Infrastructure - On February 24, 1992 the Planning Board issued a ,Negative Declaration pursuant to the State Environmental Quality Review Act section Article 8, Part 617 in~.icating that no significant traffic impacts are expected to occur if the project is implemented as planned Natural :Resources - The parcels are in ~awn with few interspersed trees. On FebrUary 24, :1992 the Planning Board issued a Negative Declaration pursuant to the State Erivironmental Quality Rev ew Act Section Article 8, Part 617 indicating that no s gn f cant mpacts are expected to occur if the project is implemented as planned. The acton does not fa with n the jurisdiction of the Suffolk County Planning Commission, therefore, coordination wltl~ the commission is not necessary. Water Supply- Water Supply to Lot 1 ,l~ot~ 2 and Lot 3 are currently served by wells. Sanitary disposal within the propdsed subdivision is managed by on-site underground sewage leaching systems Rural CharaCter - Lots 1 and 2 are improved with single family residences. The proposed action could result in the residential development of Lot 3. The wew shed could be disrupted. As mentioned above, this area is scenic and placement ora residence should be evaluated to minimize any adverse impacts to the area. Agricultural Lands - The pamel is currently located within the A-C zoning district; a designation intended to promote the preservation of agriculture soils and associated practices. Currently Lots 1 and 2 are ~mproved and in lawn; therefore, no loss of significant agricultural use will occur. Lot 3 contains greenhouses and paved surfaces. Exclusive of the greenhouses, no land area is ~n agriculture use. Soil types of the parcels include Haven Loam, 0 to 2 percent slo-ges (HaA)- Capability Unit lie-1 and Riverhead Sandy Loam,'3 to 8 ~percent slc~es. (RdB):- Capability Unit lie-2 (Soil Survey of Suffolk CountY 1972~. The soils ar~ li~ted, a,~ Suffolk County Prime Farmland by the USDA Na~ral'i~R~sou rce CoDS.eh,-ation S~rvice. The soil types are we~l suited for crops. If a ~ngl6 family reSidbnc, e is ~p~tr:ucted upon Io~ 3 or the green~hous,e,c0mp!ex ~ e~p~nfied, pri~e agricLilta~l soils will be impacted or lost dependent Upon the type Of st'rUc u e. Open Space and Recreation Space - Due to the size, location and current use of the property, the potential to provide significant open space or recreational uses are Iow. Based upon the above, it is the Planning Boards' finding that although the proposed project does not fully support the planning objectives of the Town of Southold which include: The preservation of open space and recreational space; the preservation of the rural, cultural and historical character of the Hamlets and surrounding areas and the preservation of the natural environment; [he size, location and Current residential use of the Lots 1 and 2 limits the ability of the proposed action to fully support such objectives. Proposed Lot 3 is in active agriculture, however, due to the size and type of current operations, little opportunity exists to meet the above goals. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. ELIZABETH A. NEVILLE TOWN CI.F, RK ~REGISTRAR OF ViTAL STATISTICS MARRIAGE OFFICER RECORDS iVi~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 ~ou~hold~own.nor t hfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valefie Scopaz From: Town Clerk Elizabeth Neville ~ Re: Request for waiver on Moratorimn Date: April 4, 2003 Transmitted, please find request of Ernest Schneider for a waiver/variance to the moratorium for minor subdivision on property located at east side of Alvah's Lane, Cutchogue, SCTM# 1000-95-3-10; and 1000-101-l-14.3. Please review and prepare a written report of your recommendations and findings. Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/05/03 Transaction(s): Moratorium Waiver -Erx~est Schneider Receipt~: 9601 Subtotal Aivah's Lane $250.00 Checi¢: 9601 Total Paid: $250.00 Clerk ID: Wickham, Wickham & 13ressler Main Road P O Box 1424 Mattituck, NY 11952 LINDAC InternallD:74345 ERIC J. BRESSLER ABIGAI'L A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P,O. BOX 1424 MATTITUCK, LONG ISLAND NzEW YORK 11952 631-298-8353 TELEFAXNO. 631-298-8565 wwblaw~aol.com April 4, 2003 WILLIAM WICKHAM(06-02) 275 BROAD HOLLOW ROAD SUITE Ill MELVILLE, NEW YORK 11747 631-249~9480 TELEFAX NO. 631-249-9484 . Town Board, Town of Southold !Post Office Box i179 53095 Main Road :'~8outlmld, New York 11971 Re: Ernest Schneider Alvah's Lane, Cutchogue, NY 11935 SCTM#1000-95-3-10; 1000-101-1-14.3 Gentlemen: We represent Ernest Schneider and his daughter, who own two single and separate adjoining lots at the above location. We request a waiver from the current moratorium on subdivisions so that Mr. Schneider may proceed with his pending two lot minor subdivision and lot line change ro (a) divide a 12.3 acre parcel, containing his son's residence and a 61,000 square foot greenhouse, into a 2.6 acre lot for the residence (Lot 2) and a 8.5 acre lot for the greenhouse (Lot 3), and; (b) to increase his daughter's single and separate adjoining 1.1 acre residence parcel to 2.3 acres (Lot 1). The application fee of $250.00 is enclosed. Mr. Schneider o~vns a 12.3 acre parcel containing both an existing residence built and occupied by his son and a large greenhouse containing the family greenhouse business (Jax lot 14.3). Mr. Schneider's daughter and son-in-law, Darice and Robert Clark, own the adjoining 1.1 acre lot containing att existing residence. Mr. Schneider applied to the Planning Board for a lot line change, minor subdivision to divide his 12.3 acre parcel in a two lot subdivision containing the son's residence on one lot and the greenhouse on the second lot, and at the request of the Planning Board, to increase the size of his daughter's 1.1 acre parcel to 2.3 acres. He obtained sketch plan approval on April 16, 2001 and has Health Depanmem approval. The subdivision would result ha 3 lots, each of which are already improved with separate principal structures, If Mr. Schneider is not allowed to proceed with the subdivision because of the moratorium, he will encounter the following hardships: 1. BUSINESS LOAN COLLATERAL: The greenhouse operation on Lot 3, Schneider Greenhouses, employs 10 local people full time and requires seasonal financing to accommodate the high cash needs at the beginning of each season pending the receipt of accounts at the end of the season. One reason for the Subdivision is so that the ~eeahouse parcel may be used as collateral for such loans without the necessity of mortgaging his son's residence, now a part of the same parcel. Unless the subdivision, which is virtually complete, is finalized, he will not be in a position to post the greenhouse property as proper.loan collateral. 2. LIABILITY ISSUES: As a commercial greenhouse operation, and given the inherently risky nature of agricultural enterprises, ,Mr. Sclmeider would like to transfer the greenhouse property into a limited liability company or corporation to limit liability in the event of a lawsuit for personal injury or otherwise. This cannot be accomplished without including his son's residence, which is unrelated to the business but would be subject to attack by creditors if the subdivision is not allowed to proceed. 3. HOME OWNERSHIP AND FINANCING: His son has contributed significantly to the cost of the construction 6f t~-~esld~uce on Lot 2, but Mr. Schneider cannot legally deed the property to him until the subdivision i~ eo, m~tele. This prevems his son and his wife from borrowing on thek residence, which is a financial hardship fo them. They ha-ce also been unable to take advantage of the current low rates on mortgages. 4. ESTATE PLANNING: Mr. Schneider needs to divest himself of some of his properties for estate' planning purposes and he carmot do so without the subdivision. He needs to eliminate the value of his son's residence and the extra property to be added to his daughter's residence from his estate to avoid a high estate tax bracket. As an alternative argument, we believe, this subdivision proposal clearly falls under Exclusion 2 of Section 4 of the 1V[oratorium Local Law 3/2002. It qualifies as a Set-Offwhich meets the definition of Section A106-13 of the S0uthold Town Code. and is an exempt lot line change as to Lot 1 However, the Plam~ing Board issued a pol/cy on set-offs in which set-offs will only be considered as such ifa residence is being set off from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board has held to their policy, requiting that we Seek a waiver from the Town Board from the moratorium. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no farmland and is not large enough to support farming. It is located in an area where the proposed lots will not disrupt vistas, and in fact visually the property will not change. It is not large enough to be "conservation subdivision". Each proposed lot is already improved by a separate structure. We ask for your prompt and careful consideration of this situation. AAW/lb 30/shdtbwai cc. PlanningBoard Ernest Schneider Very truly yours, A ,bj~il A. Wickham / /