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HomeMy WebLinkAbout1000-102.-5-19 From: Noncarrow, Denis Sent: Thursday, March 20,2025 10:58 AM To: Schroeder,Gwynn;Lake,Cynthia;Kreshon,Catherine;Sepenoski,John;Michaelis,Jessica;Norklun,Stacey Cc: Born,Sabrina;Mudd,Jennifer Subject: SFC Resolution as amended. Attachments: Printout-21173-1034-M64913.doc RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Government Liaison and the Planning Department for inclusion into the Town database and GIS system. Please see attached and thank you ''" a L_ � a uC �;�l �I �R Denis Noncarrow MAR 2 0 2025 Southold Town Clerk. SOUTHOLD TOWN Town of Southold, New York PLt�NlNO BcD u�rww soti hraldtownriy.gov denisn@soyth„oldtgWnTy..qo y 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information,. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 1 r RESOLUTION 2025-241 ADOPTED DOC ID: 21173 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-241 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 18,2025: Amend the Sanitary Flow Credit Resolution for KEKJS (second time amending) Reason for amendment: applicant heard back from SC Health Dept that they require 0.8 sanitary flow credits, 0.04 credits more than the amended resolution. AMENDED RESOLUTION 2024-859 WHEREAS the Town of Southold has established a Transfer of Development Rights (TDR) Program whereby Sanitary Flow Credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold, and WHEREAS an application for transfer of Sanitary Flow Credits was filed by KEKJS Headquarters LLC seeking transfer of 0.8 credits to the property known as SCTM# 1000-102.-5- 19 located at 28495 Main Road, Cutchogue,NY 11935 in the Mattituck-Cutchogue School District, and WHEREAS the TDR Bank currently has credits on deposit from lands purchased by the Town of Southold that are located within the Mattituck-Cutchogue School District, and WHEREAS, the sending parcel for these credits is 1000-101.4-8.2, a parcel preserved in perpetuity as open space by the Town of Southold in 2024, sending 16.4 credits to the Town TDR Bank, all of which remain unused, and WHEREAS the applicant seeks to utilize 0.8 credits on land in the Hamlet Business District (HB) zoning district, a designated receiving district,to convert an existing accessory garage to one accessory apartment at the aforementioned property, and WHEREAS the accessory apartment to be created will remain affordable in perpetuity, shall be leased only to eligible individuals registered with the Town of Southold Housing Registry, and that the sale and the lease price shall be set by resolution of the Town Board, and WHEREAS the Town Board classified this action as Type II under SEQRA on September 24, 2024, and WHEREAS this action is exempt from Local Waterfront Revitalization Program review, and WHEREAS the Town Board held a public hearing on September 24, 2024, at which time all persons were given the opportunity to be heard and that hearing has been closed, and NOW therefor be it RESOLVED that the Town Board has evaluated the effects of the proposal transfer and finds that the district contains adequate resources, environmental quality and public facilities, including Resolution 2025-241 Board Meeting of March 18, 2025 adequate transportation, water supply, waste disposal and fire protection, and further finds that there will be no significant environmental damaging consequences and that such development is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporates the report of the Planning Board dated April 5, 2024; and it is further RESOLVED that the Town Board of the Town of Southold hereby transfers 0.8 sanitary flow credits from the Town TDR Bank to by KEKJS Headquarters LLC for its development at 28495 Main Road, Cutchogue,NY, SCTM#1000-102.-5-19, and it is further RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Planning Department shall enter the deduction of the 0.8 sanitary flow credits from the sending parcel's balance in the Sanitary Flow Credit Log, and be it further RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate for the 0.8 credits, which shall not be signed by the Town Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions required by Town Code Section 117-11, and including the requirement that the apartment shall remain affordable in perpetuity, have been filed and such filing has been approved by the Town Attorney; and be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Government Liaison and the Planning Department for inclusion into the Town database and GIS system. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilperson SECONDER:Brian O. Mealy, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr Updated: 3/18/2025 7:43 AM by Lynda Rudder Page 2 OFFICE LOCATION• *,"' MAILING ADDRESS: �~���� ewe Town Hall Annex P.O. Box 1179 54375 State Route 25 /X Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov rk- p PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Denis Noncarrow, Town Clerk Members of the Town Board From: James H. Rich III, Chairman Members of the Planning Board Date: April 5, 2024 Re: Transfer of Sanitary Flow Credits to KEKJS Headquarters LLC SCTM#1000-102.-5-19 Location: 28495 Main Road, Cutchogue,New York The Planning Board supports the transfer of 0.7 sanitary flow credits. In accordance with §117- 9(F), the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. The most recent Sanitary Flow Credit Log appears to have sufficient availability for this area(Mattituck/Cutchogue), with a total of 41 credits available. The proposed action involves requesting the transfer of 0.7 sanitary flow credits to convert an existing accessory garage to an apartment in the Hamlet Business Zoning District. Pursuant to §117-3, a transfer of sanitary flow credits is permitted for an eligible project. An"eligible project" is defined as: "Projects located in a receiving district that are permitted uses in the zoning district where the subject property is located. " A"receiving district" is defined as: "An area of the Town that is desirable to be developed more intensively than areas outside the district. " The proposed action meets these definitions. The parcel is located within the Hamlet Business (HB) Zoning District, and the use is permitted in accordance with the Special Exception granted by the Zoning Board of Appeals on January 19, 2023 (ZBA File#7719SE). The Special Exception included conditions, listed at the end of this report. 11 Page The proposed action is located within the Cutchogue Hamlet Center, an area with supporting amenities, public transportation, and infrastructure that supports more intense builds of commercial and residential uses. 1. Built Environment and Existing Conditions The site is improved with a main structure that was built between 1860-1890 (SPLIA). The SPLIA file notes that"this house and its barn which faces on North Street are part of the historic ambience and contribute a sense of place"to Cutchogue hamlet. The main structure was used as a single-family home with beauty salon for over 40 years, and then converted to an architect's office with apartment above in the past 15 years. The accessory barn/garage space has been used as a garage with storage space on the second floor. There is also a shed used for storage, and some stoneibrick walkways on the property. Land uses surrounding the parcel include a mixture of residential and commercial, which is appropriate for its location in the Cutchogue Hamlet Center. The location of the parcel provides adequate access to amenities within walking distance including a pharmacy, post office, convenience store, and restaurants. The parcel is located within the Mattituck-Cutchogue Union Free School District. Available public schools to residents would include Cutchogue East Elementary School and Mattituck Jr. Sr. High School. The parcel is not located within a FEMA-mapped flood zone. 2. Transportation and Infrastructure Parcel Access The parcel is north of State Route 25 (an arterial road). Parking is available in two small driveways which can each host two spaces (in front of shed and in front of garage), for a total of 4 parking spaces on-site. In addition, there is on-street parking available on North Street, Main Road, as well as a large municipal parking area to the west within 300'. As noted in §280-78, all or a portion of parking requirements within the Hamlet Business District may be waived if there are municipal parking facilities within 300 feet that may adequately serve the proposed use. There is an apartment in the main building with office space on the first floor. According to Southold Town Code,the apartment over a store/professional office requires 1 parking space, and the proposed accessory apartment would require 1 space. The office use is noted at 694 sq. ft. and requires 1 space per 100 sq. ft. of office space, which would mean 7 parking spaces. This would mean a total of 9 spaces would be required by code for the existing/proposed uses on the property. However, given the proximity of an additional parking facility coupled with the expected low parking needs for the architect's office, the four parking spaces on site seem suitable to meet the property's needs. 21Pagre Pedestrian Infrastructure Public sidewalks are located in front of the structure and are adequate for the apartment tenants and the businesses' customers. Sidewalk connectivity extends to the King Kullen Shopping Center to the east and to the heart of the Cutchogue Hamlet Center to the west. Distance to Public Transportation Bus transportation is available to tenants and customers within one block(0.05 miles) of the site. Including the Suffolk County Bus and Hampton Jitney services. The nearest train station(Mattituck LIRR) is 3.1 miles away. 3. Access to Public Water and Sewers Public water is available to the parcel via SCWA. There is existing public water service to the main building, and a proposed extension to the proposed accessory apartment. The parcel is located within SCDHS Groundwater Management Zone IV, a public sewer connection is unavailable. A new I/A sanitary system is proposed. 4. Potential Environmental Impacts No moderate to large adverse impacts on transportation, water supply, quality, community character, and community services are expected as a result of the action. The parcel is not located over a Special Groundwater Protection Area(SPGA). 5. Consistency with Community Plans and Community Character The proposed accessory apartment is consistent with the Southold Town Comprehensive Plan(2020) goals and objectives, including: Chapter 5 1 Community Character • Goal 1-Protect cultural resources—Objective 2.2: Manage and preserve the historic and architectural resources of the Town; Objective 2.3: Provide for compatible use, reuse, and integration of historic resources in future planning while limiting and minimizing inappropriate alterations to the resource. • Goal 3—Preserve quality of life in residential neighborhoods—Objective 3.4: Preserve community character of residential neighborhoods • Goal 5—Protect the unique character of individual hamlets The proposed apartment is a great example of preserving and reusing a historic resource in the Town, while limiting the alterations. The proposed deck will not be visible from the road, and the renovations will be mostly interior work. The property itself will look relatively unchanged thus preserving the community character for this area of the hamlet center. Chapter 8 1 Housing • Goal 1 —Create affordable housing—Objective 1.1 —Provide diversified housing using existing buildings to help meet the needs of current year-round residents, including senior citizens and local workers. 31Page The proposal includes the designation of one apartment as affordable inside an existing building. As stated above and in accordance with §117-9(F),the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. 6. Fire Protection & Emergency Services Police and fire department coverage of the site is available. 7. Special Exception Approval was granted by ZBA and subject to the following conditions: 1. The applicant will apply for a Suffolk County Department of Health Services Permit for an Innovative Advanced(I/A) septic system for the entire parcel. 2. The applicant shall obtain variance relief approval from the Board of Appeals for application File No.: 7718 3. The apartment in the accessory garage must be rented to an individual who is on or qualifies to be on the Town of Southold Housing Registry. 4. The apartment must be the primary residence of the signatory to the lease at the time of possession and throughout the tenancy. 5. The maximum rent charged may not exceed the maximum rent set forth in §280-30F in perpetuity. 6. The apartment use may not be changed to another permitted use for a minimum period of eight years from the time the use receives a certificate of occupancy. 7. The subject parcel, the subject building, and the apartments must remain in common ownership. 8. This Special Exception Permit requires an operating permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant' s responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 9. The property owner must apply for a building permit for the approved construction within one year of the special exception approval. 10. This Special Exception permit requires that the applicant complete construction on the Apartment with deck and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within three years. Please contact the Planning Department with any questions. cc: Paul DeChance, Town Attorney 41Page Michaelis,Jessica From: Rudder,Lynda Sent: Thursday,January 11,2024 1:19 PM To: Lanza,Heather;Michaelis,Jessica;Verity,Mike;Bunch,Connie;Doherty,Jill; Doroski,Greg;Krupski,Al;Louisa Evans;Mealy,Brian; Norklun,Stacey;Smith,Anne;Standish,Lauren;Tomaszewski,Michelle;DeChance, Paul;Johnson,Benjamin;McGivney,Julie; Mirabelli,Melissa Cc: Noncarrow,Denis Subject: New Application for SFC- KEKJS Headquarters LLC Importance: High This applica on can be viewed in Laserfiche TownOfSouthold\Town Clerk\Sanitary Flow Credits\Pending Zcy &-X,sudden Deputy Town Clerk Prinicpal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold, NY 11971 631/765-1800 ext.1210 631/765-6145 Fax 1