HomeMy WebLinkAbout1000-38.-7-7.1 (2) OFFICE LOCATION: \\V sv�ryo MAILING ADDRESS:
Town Hall Annex ,`O l0 P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938
Southold, NY 11971 G • Q
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board
Denis Noncarrow,Town Clerk
' From: Mark Terry,AICP
Assistant Town Planning Director
LWRP Coordinator
Date: March 30,2022
Re: Local Waterfront Revitalization Coastal Consistency Review for
Change of Zone of SCTM#1000-38:7-7.1
The Southold Town Board on their own motion proposes to change the zone of an 18.38-acre parcel
currently zoned Marine H to a split zone of 7 acres Resort Residential(RR)and 11.38 acres Residential
80(R-80).
The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards.'Based
upon the information provided on the LWRP Consistency Assessment Form submitted to this department,
is recommended as CONSISTENT with the LWRP.
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,
and minimizes adverse effects of development.
The subject 18.38-acre parcel was historically improved with an oyster factory that supplied General
Foods' Long Island Oyster Company with shellfish..The current zoning of the parcel is Marine II and
reflects that use which began in the 1940s and ended in the 1980s. The parcel is surrounded on three sides
by residential areas. This Mll zone is an outlier within"the residential area and could:potentially prompt
the development of commercial use at a scale that is too intense for the existing residential character.
More intense uses permitted in this zoning district include a commercial marina, boatyard for repair and -
sales, restaurant, transient hotel/motel, ferries. It is expected that these types of uses would conflict with
the residential character of the area.There are no M-11 zoned properties nearby.
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This prompted (the Southold Town Board) to propose changing the zone (on their own motion) of an
18.38-acre parcel to a split zone of 7 acres Resort Residential(RR)and 11.38 acres Residential 80(R-80).
The Resort Residential (RR)zoning district's purpose is to provide the opportunity for resort development
in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers,
more intense development may occur consistent with the density and character of surrounding lands.
Sewers are not available to the parcel,however since the Southold Town Code was written, significant on-
site treatment of wastewater has been developed that strives to protect groundwater and surface water from
nitrogen loading. The RR Zoning District permits 40,000 square feet for each unit. The area proposed to
be included within this zone is 7 acres which could result in the development of a resort hotel or less
intense uses when accounting for the unbuildable lands on the parcel.
The remaining area of the parcel is proposed to be rezoned residential R-80 to create a transition area
from the residential R-40 which is located to the north and east of the parcel. The R-40 zoned area is
improved with single-family residences and yards abut the subject MII zoned parcel. To the west of the
parcel across Shipyard Lane the area is zoned resort residential RR. A transitional area does not occur
between the residential zoning districts and the MII zoning.
Land uses surrounding the parcel include a mixture of residential housing types. Rezoning a portion of
the subject parcel from MII to RR will continue the zoning district northeast to form a mostly contiguous
(separated only by the Shipyard Lane) area of RR. The 44 unit Cleaves Point Condominiums
development, which is currently zoned RR is located to the west of the subject parcel. It was developed
under a different zoning district in the mid-1980's, and there is no opportunity to use today's zoning
districts'to create an exact replica.
Policy 10.4 of the LWRP calls for minimizing adverse impacts of new water-dependent uses by locating
them appropriately and avoiding locations where a new use like a marina could cause significant adverse
effects on community character. The uses permitted in the MII zone are more intense than those allowed
within the R-80 and RR zones. In their March 18, 2022 memorandum, the Planning Board indicates that
there is a lack of transition zoning between the surrounding residential uses and the potential more intense
commercial uses possible on the subject property under the current MII zoning. The wide range of uses at
a larger-than-typical scale could drastically alter the community character and quality of life for
neighbors. The proposal to split zone the parcel into more compatible zones with the surrounding
residential uses would"enhance community character and minimizes adverse effects of development" by
reducing the intensity of build out of the parcel while retaining some water-dependent uses.
Although the M-II zoning district will be amended to allow for more residential types of uses, water-
dependent uses are not fully excluded with the zone change to RR. Accessory uses are permitted within
the district that aligns with water dependency including a private dock/marina (hotel only) and a beach
cabana. Through special exception approval, marinas for the docking, mooring, or accommodation of
noncommercial boats and yacht clubs are permitted. Land-based aquaculture operations are also a
permitted use including research and development, on 7 acres of the RR zoned portion of the property
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary, and Town waters. The continuance of land-based aquaculture adjacent to the Peconic Bay on
the parcel supports this policy.
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There is no public use of the property and that will not change as a result of rezoning.
Pursuant to Chapter 268,the Board shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
Cc:.Southold Planning Board
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