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HomeMy WebLinkAboutMarvin, Edgar & ValeriePLANNING BOARD MEI~BERS BENNETT ORLOWSKI, JI~. Chairman RI CI-LkRD CAGGLkNO WILLIAi$I J. CREMERS KENNETH L. EDWARDS M-4.RTIN SIDOR P.O. Box 11~9 Town H~I, 5309~5 S~ate Route 25 Southoid, New ~ or~ 1971-0959 Tel?hone (631) ~65-1938 ]~ax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request for Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the app#cations 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 Edgar and Valerie Marvin SCTM# 1000-117-10-09 Date: January 6, 2003 In this mem°, 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 2.081 acre parcel (SCTM# 1000-117-10-09) into two lots where Lot 1 would be .916 acres and Lot 2 would be 1.165 acres in area. The action would create one new residential building lot. The parcel is located on the south side of Jackson Street, on Great Peconic Bay, 413.57 feet west of Fifth Street in New Suffolk. Please see attached Exhibit A and B for reference. On June 14, 1999, the Planning Board granted sketch plan approval on the map dated May 26, 1999. The parcel is zoned R-40. The Planning Board has reviewed the progression of the application and the request for waiver for the major subdivision known as Edgar and Valerie Marvin SCTM# 1000-117-10-09 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 adjacent and surrounding area is residential and therefore, the proposed application is generally consistent with surrounding uses. Lot 2 Js improved with a single family dwelling. Proposed Lot 1 is improved with a garage "with rooms above". Due to the small size of the parcel, the potential of the site to remain in collective open space and/or open space easements Js Iow. The subject parcel is zoned R-40, which requires a minimum size of 40,000 square feet per lot. Properties to the east, west and north of the parcel also are zoned R-40. Both the proposed lots would meet the dimensional requirements of the R-40 zoning district. Lots located to the east, west and north range from .33 to 2.76 acres in size. The proposed action, if implemented, would generally conform to parcel zoning and would not significantly deviate from the surrounding parcel sizes or uses located within the zoning district. Transportation Infrastructure - On July 19, 1999, the Planning Board issued a Negative Declaration pursuant to the State Environmental Quality Review Act indicating that no significant traffic impacts are expected to occur if the project is implemented as planned. Natural Resources - The pamel is in residential use with a large lawn area inter- dispersed with trees throughout. The southern area of the parcel consists of a bluff and beach system ending at the waters of the Great Peconic Bay. On July 19, 1999, the Planning Board issued a Negative Declaration pursuant to the State Environmental Quality Review Act stating that no significant environmental impacts are expected to occur if the project is implemented as planned. The action falls within the jurisdiction of the Suffolk County Planning Commission and will be forwarded for comment to them upon the continuation of Planning Board review if this waiver is granted. Water Supply - The applicant has stated that the lots will be served by public water via a water main located on Jackson Street. The applicant has stated that a Letter of Water Availability was issued from the Suffolk County Water Authority (SCWA) for the proposed action. The Planning Board has no documentation of SCWA appr0val and the applicant's statement on this matter remains unverified. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems The applicant received Suffolk County Department of Health (SCDH) approval in November, 2002. The Planning Board has no documentation of SCDH approval and applicant's statement on this matter remains unverified. Rural Character- The property action would result in the addition of one residential structure to the New Suffolk neighborhood. The existing garage will remain on Lot 1 and the building envelope for the proposed residential structure will be located on the southerly part of the parcel closer to the shoreline. An existing hedge row visually mitigates the view of the garage structure from Jackson Street. In addition, the building envelope for Lot 1 is proposed to be 67 foot setback from the northern property line adjacent to Jackson Street. The zoning code requires a minimum of 50 feet. Therefore, the new residential structure would be partially obscured from the street by the existing garage. The applicant states that no new driveway to service the new and existing residences is proposed, This voluntary condensing of driveways or "curb cuts" supports the Planning Board's policy of reducing or eliminating curb cuts to preserve rural quality and promote traffic safety. Agricultural Lands - The property is currently located within a residential neighborhood. Due to the size and location of the parcel within New Suffolk, no · agricultural use currently exists on site and therefore no loss of agriculture practices will occur. Correspondingly, the potential for future agricultural use is Iow due to the surrounding moderate to high density residential use. Open Space and Recreation Space - Due to the size, location and current use of the property, the potential for significant open space or recreational use is Iow. The property is not listed on the Community Preservation Program Plan map as being eligible for preservation. Based upon the above, it is the Planning Board's finding that although the proposed subdivision does not fully support the planning objectives of the Town of Sou[hold 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 existing residential use of the parcel limits the potential of this site to fullY support such objectives. if you have any further questions please do not hesitate to contact Mark Terry of our office. ELIZABETH A. NEVILLE TOWN CLEtLK REGISTtLM~ OF VITAL STATISTICS ~L~R~AGE OFFICER nECORDS M.a~NTAGEMENT OFFICER FREEDOM OF INFOt~L~TION OFFICER Tow~ Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtow~.no~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Valerie Scopaz, Town Planner ~/~ Gregory F. Yakaboski, Town Attorneyf /..~/ Elizabeth A. Neville, Southold Town C r~r.k~' Re: Edgar & Valerie Marvin request for waiver to moratorium Date: December 9, 2002 Transmitted is request for waiver on moratorium with reference to minor subdivision on property located at south side of Jackson Street, New Suffolk, N.Y. SCTM# 1000-117-10- 09. Please commence the review proceedings on this application and send me your recommendations in writing. Thank you. cc: Supervisor & Town Board VALERIE MARVIN 685 ORCI-IAi~D STREET P.O. BOX 653 NEW SUFFOLI~ N.Y. I 19564653 (63 I) 734-6639 Town Board Town of Southold P.O. Box 1179 To~-n Hall, 53095 State Route 25 Southold, New York 11971-0959 December 5, 2002 Re: Proposed Minor Subdivision for Edgar & Arlene Marvin Location: south side of Jackson Street, 431.57' west of Fifth Street, New Suffolk SCTM No.: 1000-117-10-09 Zone: R-40 Dear Super~fsor Horton and Members of the Town Board: I herewith make appeal to you under Section 6 of Local Law No. 3 of 2002, requesting a waiver of the Moratorium on Subdivision of property in the captioned matter. Said waiver, as will be demonstrated, is necessary to alleviate an extraordinary hardship should it not be granted. [t will be shown that a waiver here will not adversely effect the purpose of the local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning being undertaken by the Town. THE FACTS: The instant application seeks the division into two one acre parcels of a single 2.081 acre property on Jackson Street, New Suffolk. The sole pnrpose of the application is to set offa second parcel on the property for the construction ora single family residence to be held, used and enjoyed by the Applicant, its relatives, ~andchildren, guests and particularly as a writing studio for Applicant Edgar Marvin. Sketch Plan Approval was ~anted by the Plamfing Board on June 14, 1999 on a Map dated May 26, 1999. Application was then promptly made to the Suffolk Connty Department of Health Se~:ices (SCDH). DEC Permits were obtained in September, 2001. However, application before the SCDH was delay'ed, and approval was not obtained until November, 2002. In the meantime, txvo extensions of the referenced Sketch Approval have been granted by the Planning Board, the second of wtfich will expire in February, 2003. The 3 3'~ year delay in obtaining approval from the SCDH has been an extraordinary hardship on the Applicants. The £mancial costs have been unreasonable and the emotional burden immeasurable. The maps have been re-drawn and submitted 6 times, each time re~4sing in the most part the proposed water service to the parcels. Initial maps were submitted proposing the use of well water. The SCDH demanded the use of public water and the maps were revised. The Suffolk County Water Authority (SCWA) had at the time proposed Ignited service to the New Suffolk area, but water appeared available to the applicant. Later, we were to learn that Jackson Street would not be sen;iced. Applications were made again to the SCDH showing well water and an appeal was begun for a variance from the requkement for public water, and to approve the use ora temporary well. Some time thereafter, Valerie Marvin was contacted by the SCWA and promised public water service, which service was soon after denied due to the imposition of a moratorimn on such service by the SCWA. In the meantime, however, the Applicants had hooked-up their main house to public water at a cost of $3,000, abandoned a test well that had been dug at a cost of $2,000 and paid for the SCDH testing of the well at a cost of $1,750. All of these costs were in addition to the mounting costs of apptications, surveys, engineering inspections and professional fees. Finally, on or about September 24~, 2002, the SCWA issued a Tap Letter and a I_etter of Availability for the project, the final Maps were submitted and the necessary approval xvas obtained f~om the SCHD in November, 2002. In all this time, the plans for the project never changed and the Applicants tirelessly pursued, trusting that once the proper approvals were obtained from the SCDH they would obtain final subdivision approval and begin to build. In the process Applicant Edgar Marvin has watched his eightieth birthday come and go, and felt his dreams dashed again and again. THE PURPOSE OF LOCAL LAW NO. 3 OF 2002: As stated in the text, Local Law No. 3 of 2002 xvas passed to address threats on or concerns in the Town of Southold with regard to its "agricultural lands, its recreational space, rural character, natural resources and tra~tspo~ation infi'astructure. " It speaks also to "ill planned reside~tial subdivisions and multi family developments amt...insttfficient aJfordable housing oppornmiries." (Emphasis added) None of the above threats is a possibility should this request be granted. Moreover. the four guiding planning objectives outlined in the Law, namely: 1) the preservation of thtmland and agriculture; 2) the preservation of the Open Space and Recreational Space; 3) the preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of the Natural Environment. are unaffected by the application at issue. The instant subdivision and request for ~vaiver effect a single residential parcel not located in a farmland area, not invoMng any significant amount of Open Space or the development of open lands. It is not a multi-family development nor is it located in a hamlet or historical district. The area of New Suffolk at issue is one acre zoned_ One look at the tax map will show that 99% of the parcels of property on the same side of Jackson Street have akeady been at one time divided into one acre or less, and one drive do~m the block will prove that most homes also have a second house or guest cottages akeady existing, similar the one proposed here. There is no plan to divide and sell the premises and no additional driveway will be made. All services, including garbage removal, property maintenance and the tike will continue to be provided tbxough the main house and property. Both the new dwelling and the existing home will be serviced with public water. Moreover, every effort will be made to reduce any environmental impact the project may have through pl~intings of native shrubs and preservation to the greatest extent possible of existing trees and shrubs. The Applicant will endeavor to make minimal disturbance to the land and minhnum irrigation is planned and will be employed with well water. THE APPEAL: Section 6 of Local Law No.3 of 2002 sets forth the Appeal Procedure and states in part that a variance or waiver may be granted where it is required to alleviate an extraordinary hardship affecting a parcel of property, and where it]he Tow~ Board finds that a variance or waiver xvill not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Toxma, the Town Board shall take into account the existing land use in the irmnediate ¥iciuity 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 infi:astructure of the Town. There is no question that a waiver is applicable and necessary here. The project is clearly outside the directed scope of the Town's application of a moratorium as it clearly does not effect any of the areas of concern targeted by said moratorium. Moreover, it is keeping with the existing land use in the kmmediate vicinity of the property. There is no question that the Applicams have suffered ~eatly through this process and lost immeasurable time and wasted a ~eat deal of money. There is also no doubt that once the moratorium is lifted, this project will certainly go ahead as planned as it is outside the scope of the moratorium. While the hold-up and amplified costs suffered by the Applicant are not the fault of any agency of Southold Tox~m, the failm-e of the Town Board to grant a waiver of Local Law No.3 in this case would create and perpetuate extraordinary hardship on the Apphcants and the property. Permits and approvals will expire, mom money will be wasted and significantly, the Applicants will lose more time, precious time, the emotional hardships of which are again irmneasurable. In conclusion, a waiver in this case is undeniably justified by the facts. It is with great respect to the purpose of the law and the efforts of the To~vn Board and all of the Tow'ns agencies that the Applicants herein request a waiver pursuant to Section 6 of Local Law No.3 of 2002. Valerie Marvin VM/s CC: Southold Town Planning Board Edgar & Arlene Marvin Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/13/02 Transaction(s): Moratorium Waiver Receipt~: 2491 Subtotal $250.OO Check#: 2491 Total Paid: $250.00 Name: Clerk ID: Matin, Valerie 685 Orchard Street Pob 653 New Suffoik, NY 11956 LINDAC Internal ID: 64677 _'Z ELIZABETH A. I~EVI~LE TOWN CLERK REGISTtLMR OF 'xrlTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGENIENT OFFICER FREEDOM OF INFORi~I~-TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtox~n.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD I~ECEIVED Southold Tovm Clerk Original copy of Minor Subdivision map of Edgar & Valerie Marvin submitted in connection with '~ Waiver Request to Moratorium" on 12/13/02 is hereby returned to Valerie Marvin on (date) Received by ~_f~ (signature) ELIZABETH A. NEVILI,IE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRLkGE OFFICER KECORDS MAIqAGI~MENT OFFICER FREEDOM OF INFOi~{ATION OFFICER To~m HaU, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldto~n.nortl~ork.net OFFICE OF TH~ TOWN CLERK TOWN OF SOUTHOLD March 20, 2003 Valerie Man-in Attorney At Law 685 Orchard Street Post Office Box 653 New Suffolk, New York 11956-0653 Dear Ms. Marvin: Please be advised that the Southold Town Board at their regular meeting held on March 11, 2003 adopted a resolution approving your request for a waiver to the subdivision moratorium. A certified copy of this Southold Town Board resolution. No_ 167 is enclosed for your records. I am also enclosing the original copy of your subdivision map as requested_ Please sign and return the receipt in the enclosed self-addressed envelope. Thank you. Very truly yours, Southold Town Clerk cc: Town Attomey Planning Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS iViA/{RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF rNFORiVL~.TION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Totem Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 167 OF 2003 WAS _aDOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BO_&RD ON i~L'4RCH 11, 2003: ,, ~EREAS an application has been made by Edgar and Valerie Marvin for a waiver from the provisions of kocal Law #3 of 2002 (and extended by kccal Law #3 of 2003) entitled "Temporary Moratorimn on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Tmwn of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-117-10-09; and WHEREAS the application imrolves the subdivision of a 2.081 acre parcel into 2 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; 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 apphcation of any provision of tkis Local I_aw, in its legislative 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 xvill 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 Toxxm. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the flnpact of the variance or waiver on the water supply, a_m'icultural lands, opan and recreational space, rural character, natm-al resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Tow-n Code. ~,~ltEREAS the To~vn has tilted a "moratorium ~oup" consisting of in-hmtse ai~d outside plmmers and attorneys who are workiug on a "Comprehensi~ e Implemeutation Strategy" of the Comprehensix e Plan of the Town of Southold and cmtain comprehensive plamting curremly being tmdertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction h~ densiBr 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 the SEQtL~ Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy wkich is incorporated by reference h~to tiffs decision); and WHEREAS thc Town Board finds that thc applicant has demonstrated an cxtraord/nary hardship, in that he is eighty years old and spent thousands of dollars on applications, surveys, inspections and other professional fees in an effort to secure approval f~om the Suffolk County Health Depar~nent and Suffolk County Water Authority; and WItEREAS thc Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the "moratorium ~oup", or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law # 3 of 2002 and Local Law #3 of 2003; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Tow'n of Southold; and WHEREAS the Town Board of the Town of Southold finds that the mh~or subdivision application is consistent with the existing land use in the surrotmding area and has a minimal impact on water suppls3 rural character, natural resources and transportation flffrastructure of the Town; and ~ltEREAS the Toxxm 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 the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning cun'ently being undertaken by the Tmvn, 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. Ne~qlle Southold Town Clerk ELIZABETH A. 1NrE VF[ J,E TOWN CLERK iREGISTtLM'~ OP VITAL STATISTICS MARRL~kGE OFFICER RECORDS ~L~kNAGEMENT OFFICEi~ FREEDOi~I OF INFOFJ~LiTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fm~ (631) 765-6145 Telephone (631) 765-1800 souiholdt own.nor thfork,net OFFICE OF THE TOWN CLERK TO'~"N OF SOUTHOLD Original copy of Minor Subdivision map of Edgar & Valefie Marvin submitted in connection with" Waiver Request to Moratorium" on 12/13/02 is hereby returned to Valerie Marvin on (date) Received by (signature) VALERIE MARVIN 685 ORCIL4,RD STP~EET P.O. BOX 653 NEW SUFFOLIQ N.Y. 119564)653 (63 I) 7344639 Southold Toxxm Planning Board 53095 Main Road P.O. Box 1179 Southold, NI' 11971-0959 March 3, 2003 RECEIVED Southol~I To~.~ Clerk Re: Proposed Minor Subd/~dsion for Edgar & Arlene Marvhz SCTM No.: 1000-117-10-9 Extension of Sketch Approval Dear Sirs: On August 13, 2002, your Board granted extension of sketch plan approval in the instant matter tkrough February 11, 2003. On December 5, 2002, application was made to the Southold Toxvn Board, a copy of which xvas delivered to you, for waiver from the moratorium on subdivision of property adopted according to Local Law No. 3 of 2002. A hearing of the matter was held on February 25m. Determination of the matter has been tabled, and it is my understanding that the Town Board may reach a decision at their next meeting. I ~vould hke to request an further extension of draft approval in the captioned matter, retroactive from February 13, 2003. Thank you for your consideration and cooperation in this matter_ Si~ely, Valerie Man,in VM/s cc: Southold Town Board Edgar & Arlene Mm'in RECEI~,/ED VALERIE MARVIN UAFI 5 2003 P.O. BOX 653 NEW SU~FOLK, N.Y ll9564~653 (631) 734-6639 Tox~E Board Town of Southold P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 March 3, 2003 Proposed Minor Subdivision for Edgar & Arlene Marvin Location: south side of Jackson Street, 43l_57' west of Fi~h Street, New Suffolk SCTM No.: 1000-117-10-09 Zone: R-40 Dear Supervisor Horton and Members of the Town Board: _ As you will remember, a hearing of the above application was held on February 25% As you will also remember, the hearing was some~.hat obscured by the hearing which followed with regard to a waiver application submitted by Mr. Zoumas. It is with regard to these heatings that I feel compelled to address the board in this letter. As you are aware,'Local Law No. 3 of 2002, h~ section 6 thereof, provides that a variance or waiver fi;om the moratorium instituted by the Local Law No. 3 will be granted on an individual basis where an "extraordinary hardship affecting a parcel of property" can be shown. The appeal provision goes on to state that the board shall take into account the existing land use in the immediate x4cinity of the subject parcel and the impact of the variance or waiver on the "water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infi;astructure of the Toxwn." The instant application clearly meets all of the criteria for waiver. A hardship will certainly result should the application not be granted, and furthermore, none of the identified natural, resoarces or target areas will be impacted. Both parcels ~511 be serviced by public water, the existing parcel already having been connected. There will be no impact to the services or other environmental concerns ontlined in the law for consideration. Moreover, please be reminded that the parcel in question is a 2 acre parcel in an R-40 zone. The 2 parcel subdivision requested by the Marvins is outside the scope of any consideration of upzoning now being undertaken by the town. The subdivision, if granted, will merely create 2 one acre parcels to be developed by one additional dwelling which will not vary fi~om the ex/sting land use in the immediate vicinity. It is imperative that the board not combine its discussion or consideration of the instant application with any other waiver or appeal application now before it. The law prescribes individual consideration, and the granting of a waiver where the facts indicate it, as here, is warranted. I thank you for consideration of these important issue~-- / Vel3?~rulv yours, / Valerie Manrin cc: Southold Toxs-n Planning Board Edgar & Arlene Marvin SOUTHOLD TOWN BO~,D PUBLIC HEARING February 25, 2003 8:00 P.M. HEARING ON APPLICATION REQUESTING A WAIVER FROM THE PROVISIONS OF THE LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON THE PROCESSING. REVIEW OF, AND MAI~NG DECISIONS ON THE APPLICATIONS FOR 3LAJOR AND MINOR SUBDIXqSIONS .~ND SPECIAL USE PER~IITS AND SITE PLANS CONTAINING DgVELLING UNIT(S) IN THE TOWN OF SOUTttOLD" FOR THE i~HNOR SUBDI%~IDION 'OF EDGAR .4aND ARLENE MARVIN~ SCTM #1000-117-10-09. Present: Absent: Supervisor Joshua Y. Horton Councilman William D. Moore Cotmcilman Craig A. Richter Councilman John M. Romanelli Tox~n~ Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Justice Louisa P. Evans Com~cilman Thomas H. Wickham COUNCIL1MAN MOORE: NOTICE IS HEREBY GllrEN that the Town Board of the Toxim of Southold hereby sets 8:00 p.m, February 25, 2003 at Southold Tox~m Hall, 53095 Main Road, Southold, New York, for a public hearing on the aoulication requesting a wah~er from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review oL 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 Southold" for the minor subdivision of Edgar and Arlene Marvin, located on the south side of Jackson Street, 431.57' west of Fifth Street, New Suffolk, and identified bv SCTiM # 1000-117-10-09. I have proof this is posted on the Toxvn Clerk's bulletin board and that it was published in the official paper in the Toxxm. There is one piece of correspondence, of which copies have been Wen to the Town Board regarding the moratorium, on the waiver request. SUPERVISOR HORTON: I x~41l open the floor to men~bers of the public that would care to address the Toxvn Board on tiffs specific public heating. Would anybody care to address the Town Board? VALERIE MARVIN, ATTORNEY REPRESENTING THE APPLICANT: Valerie Marvin, I am here to represent the applicants and I am really here to take any questions or concerns. I re-read my letter and I thhxk that I set forth clearly everything that I feel justifies a waiver in this case and if the Board doesn't have any questions for me, I will just agah~ touch on a couple of important points that I feel the Board should consider in this application Okay? I just want to point out that the draft approval on February 25, 2003 2 Marvin Waiver this subdivision was granted in 1999. Immediate application was made to the Health Department, we went throu~a a series of problems with the Health Department with regard to water, there initially wasn't any public xvater and there was going to be well water. Then public water looked like it was going to become available in New Suffolk, so we went over to public water. Then they said it was only going to be limited public water, it was bandied back and forth and back and forth until finally we were promised public water and then denied public water because they instituted their moratorium. So, it has been 4 years since this application was made to the Health Department and it was by no fault of anyone here in the Town or even anyone who was involved in this process other than the problem with the water. The DEC granted approval, we got a permit from the DEC in 2001 and we have really just been waiting since then for the Health Department and the satisfaction of the water issue. Once that happened, we got Health Department approval in November of 2002, and we were in the middle of the moratorium here. The process because of all tke problems and the repeated, new surveys had to be drachm each time, this cost tens of thousands of dollars. I think that this application is certainly outside of the considerations that arc being undergone with respect to this moratorium. It is an R-40 district. Looking at any of the properties immediately adjacent to this property, 99% of them are already the size that we are looking to have on this property and most of them have guest houses or garages with apartments above, there is nothing here that is being asked to be done that is that is not already done on almost every property adjacent to this property and up and do~m the street. There will be, it has public water, it is not agricultural land, this is not an issue of open and recreational space, this is not hamlet business. And I just wanted to say again, as I said in tile letter, the applicant has watched his 80th birthday come and go. This is something, he just wants a w~ting studio, a place for his family to stay when they are in town and the continued wait on this would cause extreme hardships on these applicants. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this specific public hearing? (No response)' Do members of the Board have any comment that they might like to add? (No response). We will close this public hearing_ Southold Town Clerk Re: Marvin, SCTM #1000-117-10-09 Waiver Criteria, §6 of Moratorium · Extraordinary hardship affecting parcel · Said hardship will not affect health, safety, welfare of Southold Town · Consider the impact of the waiver on the · Water supply · Agricultural lands · Open and recreational space · Rural character · Natural resources · Transportation and infrastructure Location of Parcel · Jackson Street, NewSuffolk · Dominant land use in surrounding area is residential Size of Parcel · Action involves subdividing a 2.081 acre parcel into two lots, where Lot 1 would be .916 acres and Lot 2 would be 1.165 acres. Number of Proposed Lots · Proposed action is to subdivide 1000-117-10-09 into two lots, Lots 1 and 2. · Subdivision creates one new residential building lot. · Lot 2 is improved with a single family dwelling. · Proposed Lot 1 has a garage with rooms above, and will be improved with the construction of a single family residence. Current Zoning · R-40 Amount of Proposed Open Space and/or Parkland · zero Percent of Land Preserved · 0% GREGORY F. YAKABOSKI TOWN ATTORNEY KATI-I~EEN MUtLR~Y ASSISTANT TOWN ATTORNEY PATRICIA A. FINI~EGAN ASSISTANT TOWN ATTORNEY '~' JOSHUAY. HORTON Supervisor To~wn Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 e-mail: greg.yakaboski@town.sou[hold.ny.us kathleen.murray@~own.southold.ny.us patri¢[a.firmegan@iown.southold.ny.us OFFICE OF TI-I~ TOWN ATTORNEY TO~VN OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Patricia A. Finnegan, Esq. Assistant Town Attorney February 25, 2003 Moratorium waiver hearings Attached are summaries of each waiver application scheduled for hearing at tonight's meeting. Cc: Elizabeth Neville, Town Clerk Greg Yakaboski, Town Attorney COUNTY OF SUFFOLK . STATE OF NEW YORK ss: Lise. Marinace, .be.~ng duly swo._m, ~_s~ys .... that she is the, Legal Adve?sing Coordinator, of tlz~: TraVeler W~if~l~man a public newspaper printed at sduthold, in Suffolk CoLmty; and that the notice of which the armexed is a printed c0py,,.has been published 'in said ' Trab~ler Watchman once each ~ ?~eek for:.: J. ...... weel~(s) ~sU%e~gi~ely, Comm¢~. 'n.g on the ...../~.'...;,.._d'ay' of B¥ORDER ( .BO,MIl) OF TFm '~oWN OF · S OLrlT[OLD - Elizabeth Ne,Aile '-. - .T6~nClerk : ' 1X-2/13t03~ 54'~ ~ Sw~mh to before me this../. ~..._day of · ~ J--~.gh~t~.~.., 2003. ' Notary Public Emily Hamill ]NOTARY PUBLIC. State of]New York No. 01HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 FEB 1 8 2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF \rlTAL STATISTICS l%L~kRR LkGE OFFICER RECORDS ~{ANAGEMENT OFFICER FREEDOM OF INrFORi~LhTION OFFICER Toxvn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1600 southoldto~ n.nor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 2003 Valerie Mar~4n P O Box 653 New SuffolkNY 11956 Dear Ms. Marvin: The Town Board, at is meeting of February 5, 2003, adopted a resolution setting a public hearing at 8:00 P.M., Tuesda¥~ February 27~ 2003 on the application for a waiver from the provisions of the temporary moratorium for Edgar and Arlene Marvin. Enclosed herewith is a certified copy of the resolution and a copy of the legal notice. Please do not hesitate to contact this office if you have any questions concerning this matter. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosures ELIZABETH A~ NEVILLE TOWN CLERK REGIS ~iL~x~ OF VITAL STATISTICS i~C~d~J-~GE OFFICER RECORDS MANAGEMENT OI:FICER FREEDOM OF [NFORivIA220N OFFICER Tow~a Hal/, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765- 1800 OFFICE OF TIlE TOWN CLERK TovtrN OF SOUTHOLD FAX TRANSMITTAL To: From: Dated: Re: Attn: Jackie The Traveler Watchman Linda Cooper, Deputy Town Clerk February. 7, 2003 LEG.~kL NOTICE FOR PUBLICATION IN 2003 Number of Pages (including cover): 2 If total transmittal is not received, please call 765-1800. CO_M3~IENTS: Public Hearing: Waiver of Temp. Moratorium- Marvin- 2/25/03 8:00pm PLEASE acknowledge receipt of this legal notice WITHIN ONE (1) HOUR by signing below and returning by fax to 765-6145, At-tn: Betty Neville. Thank you. Received by Date LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:00 p.m., Februatw 25, 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 Proeessing~ Re~4ew 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 Southold? for the minor subdivision of Edgar and Arlene Mar~Sn, located on the south side of Jackson Street. 431.57' west of Fifth Street~ New Suffolk, and identified bv SCTM # 1000-117-10-09. Dated: February 6, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON FEBRUARY 13, 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 Valerie Mm,in, Atty. STATE OF NEBr YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the To;xm of Southold, Ne;v York being duly sworn, says that on the ! ~ day of ~"~/~r~ ,2003, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Toxxm of Southold, Suffolk Count),, New York, to wit: Town Clerk's Bulleti~ Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: 8:00 pm February 25, 2003 · ~lizabeth A_ Nex il~e/ Southold Totem Clerk Sworn before me this /oTfi dayof c4'~ Notary Public ,2003. ELIZABETH A. NEVILLE TOWN CLERK REGISTP~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MA2qAGEI~,IENT OFFICER FREEDOM OF INFOIL~L~kTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldto~vn.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 78 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 4, 2003: RESOLVED, that the Town Board of the Town of Southold hereby sets 8:00 p.m., February 25, 2003 at Southold Town Hail, 53095 Main Road, SoRthold, 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 Southold" for the minor subdivision of Edgar and Arlene Marvin, located on the south side of Jackson Street, 431.57' west of Fifth Street, New Suffolk, and identified by SCTM it 1000-117-10-09. Elizabeth A. Neville Southold Town Clerk PLA/CNING BOARD MEMBERS BENNETT ORLOWSKI, .JR. Chairma~ RI C I-LA_RD CAGG~O WILLL~I J. CREMERS ~NNETH L. EDW~S MART~ SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax ¢631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request for 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 Edgar and Valerie Marvin SCTM# 1000-117-10-09 Date: January 6, 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 2.081 acre parcel (SCTM# 1000-117-10-09) into two lots where Lot 1 would be .916 acres and Lot 2 would be 1.165 acres in area. The action would create one new residential building lot. The parcel is located on the south side of Jackson Street, on Great Peconic Bay, 413.57 feet west of Fifth Street in New Suffolk. Please see attached Exhibit A and B for reference. On June 14, 1999, the Planning Board granted sketch plan approval on the map dated May 26, 1999. The parcel is zoned R-40. The Planning Board has reviewed the progression of the application and the request for waiver for the major subdivision known as Edgar and Valerie Marvin SCTM# 1000-117-10-09 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 adjacent and surrounding area is residential and therefore, the proposed application is generally consistent with surrounding uses. Lot 2 is improved with a single family dwelling. Proposed Lot 1 is improved with a garage "with rooms above". Due to the small size of the parcel, the potential of the site to remain in collective open space and/or open space easements is Iow. The subject parcel is zoned R-40, which requires a minimum size of 40,000 square feet per lot. Properties to the east, west and north of the parcel also are zoned R-40. Both the proposed lots would meet the dimensional requirements of the R-40 zoning district. Lots located to the east, west and north range from .33 to 2.76 acres in size. The .proposed action, if implemented, would generally conform to parcel zoning and would not significantly deviate from the surrounding parcel sizes or uses located within the zoning district. Transportation Infrastructure - On July 19, 1999, the Planning Board issued a Negative Declaration pursuant to the State Environmental Quality Review Act indicating that no significant traffic impacts are expected to occur if the project is implemented as planned. Natural Resources - The parcel is in residential use with a large lawn area inter- dispersed with trees throughout. The southern area of the parcel consists of a bluff and beach system ending at the waters of the Great Peconic Bay. On July 19, 1999, the Planning Board issued a Negative Declaration pursuant to the State Environmental Quality Review Act stating that no significant environmental impacts are expected to occur if the project is implemented as planned. The action falls within the jurisdiction of the Suffolk County Planning Commission and will be forwarded for comment to them upon the continuation of Planning Board review if this waiver is granted. Water Supply - The applicant has stated that the lots will be served by public water via a water main located on Jackson Street. The applicant has stated that a Letter of Water Availability was issued from the Suffolk County Water Authority (SCWA) for the proposed action. The Planning Board has no documentation of SCWA approval and the applicant's statement on this matter remains unverified. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems The applicant received Suffolk County Department of Health (SCDH) approval in November, 2002. The Planning Board has no documentation of SCDH approval and applicant's statement on this matter remains unverified_ Rural Character- The property action would result in the addition of one residential structure to the New Suffolk neighborhood. The existing garage will remain on Lot 1 and the building envelope for the proposed residential structure will be located on the southerly part of the parcel closer to the shoreline, An existing hedge row visually mitigates the view of the garage structure from Jackson Street. In addition, the building envelope for Lot 1 is proposed to be 67 foot setback from the northern property line adjacent to Jackson Street. The zoning code requires a minimum of 50 feet. Therefore, the new residential structure would be partially obscured from the street by the existing garage. The applicant states that no new driveway to service the new and existing residences is proposed. This voluntary condensing of driveways or "curb cuts" supports the Planning Board's policy of reducing or eliminating curb cuts to preserve rural quality and promote traffic safety. Agricultural Lands - The property is currently located within a residential neighborhood. Due to the size and location of the parcel within New Suffolk, no agricultural use currently exists on site and therefore no loss of agriculture practices will occur. Correspondingly, the potential for future agricultural use is Iow due to the surrounding moderate to high density residential use. Open Space and Recreation Space - Due to the size, location and current use of the property, the potential for significant open space or recreational use is Iow. The property is not listed on the Community Preservation Program Plan map as being eligible for preservation. Based upon the above, it is the Planning Board's finding that although the proposed subdivision 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 existing residential use of the parcel limits the potential of this site to fully support such objectives. If you have any further questions please do not hesitate to contact Mark Terry of our office. ELIZABETI-I A. NEVILLE TOWN CLERK REGISTRAR OF VITJkL STATISTICS I~LkRRIAGE OFFICER RECORDS 1VLA/'/AGEA~ENT OFFICER FREEDOM OF INFORNLiTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor tkfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Valerie Scopaz, Town Planner Gregory F. Vakaboski, Town Attorneyf Elizabeth A. Neville, Southold Town Re: Edgar & Valerie Marvin request for waiver to moratorium Date: December 9, 2002 Transmitted is request for waiver on moratorium with reference to minor subdivision on property located at south side of Jackson Street, New Suffolk, N.Y. SCTMg 1000-117-10- 09. Please commence the review proceedings on this application and send me your recommendations in writing. Thank you. cc: Supervisor & Town Board VALERIE MARVIN 685 ORCHAJ),D STREET P.O. BOX 653 NnEW SUFFOLK, N.Y. 11956-0653 (631) 734-6639 Town Board Town of Southold P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 December 5, 2002 RECEDED DFC Southold Town Re: Proposed Minor Subdivision for Edgar & Arlene Man,in Location: south side of Jackson Street, 431.57' west of Fifth Street, New Suffolk SCTM No_: 1000-117-10-09 Zone: R-40 Dear Supe~-isor Horton and Members of the Town Boat-d: I herewith make appeal to you under Section 6 of Local Law No. 3 of 2002, requesting a waiver of the Moratorium on Subdivision of property in the captioned matter. Said waiver, as will be demonstrated, is necessary to alleviate an extraordinary hardship should it not be granted. It will be shown that a waiver here will not adversely effect the purpose of the local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning being tmdertaken by the Toyota. THE FACTS: The instant application seeks the division into two one acre parcels of a single 2.081 acre property on Jackson Street, New Suffolk. The sole propose of the apphcation is to set offa second parcel on the property for the construction of a single family residence to be held, used and enjoyed by the Applicant, its relatives, =,grandchildren, guests and particularly as a ~a'ifing studio for Applicant Edgar Marvin. Sketch Plan Approval was ~anted by the Planning Board on June 14, 1999 on a Map dated May 26, 1999. Application was then promptly made to the Suffolk County Department of Health Serxfces (SCDH). DEC Permits were obtained in September, 2001. However, application before the SCDH was delayed, and approval was not obtained until November, 2002. hq the meantime, two extensions of the referenced Sketch Approval have been granted by the Plmming Board, the second of which will expire in February, 2003. The 3 ½ year delay in obtaining approval from the SCDH has been an extraordh~ary hardship on the Applicants. The financial costs have been unreasonable and the emotional burden immeasurable. The maps have been re-dra~u~ and submitted 6 times, each time revising in the most part the proposed water service to the parcels. Initial maps were submitted proposing the use o£well water. The SCDH demanded the use of public water and the maps were revised. The Suffolk County Water Authority (SCWA) had at the thne proposed limited service to the New Suffoll~ area, but water appeared available to the applicant. Later, we were to learn that Jackson Street wonld not be serviced. Applicafiens were made again to the SCDH showing well water and an appeal was begun for a variance from the requirement for public water, and to approYe the use ora temporary well. Some th-ne thereafter, Valede Mandn was contacted by the SCWA and promised public water service, which serxSce was soon after denied dne to the imposition ora m0mtorium on snch service by the SCWA. In the meantime, however, the Applicants had hooked-up their main house to publ/c water at a cost of $3,000, abandoned a test xvell that had been dug at a cost of $2,000 and paid for the SCDH testing of the wel/at a cost of $[,750. All of these costs were in.addition to the mounting costs of applications, surveys, engineering inspections and professional fees. Finally, on or about September 24~, 2002, the SCWA issued a Tap Letter and a Letter of Availability for the project, t~e final Maps were submitted and the necessary approval was obtained from the SCI-ID in November, 2002_ In all ~his time, the plans for the project never changed and the Applicants tirelessly pursued, trusting that once the proper approvals were obtained from the SCDH they would obtain final subdivision approval and be~n to build. In the process Applicant Edgar Marvin has watched his eightieth birthday come and go, and felt his dreams dashed again and agaha. THE PURPOSE OF LOCAL LAW NO. 3 OF 2002: As stated in the text, Local Law No. 3 of 2002 was passed to address threats on or concerns in the Town of Southold with regard to its "agricnltural lands, its recreational space, ~tral character; natural resources and transportation #~'astrttcture. " It speaks also to "ill planned residemtal subdivisions and muh~ family developments and...insufficient affordable honsing opportunities." (Emphasis added) None of the above threats is a possibility should this request be granted Moreover, the four guiding planning objectives outlined in the Law, namely: 1) the preservation of farmland and agriculture; 2) the preservation of the Open Space and Recreational Space; 3) the preservation of the Rural, Cultttral, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of the Natural Enriromnent. m'e unaffected by the application at issue. The instant subdivision and request for waiver effect a single residential parcel not located in a farmland area, not invoMng any significant amount of Open Space or the development of open lands. It is not a multi-family development nor is it located in a hamlet or historical district. The area of New Suffolk at issue is one acre zoned. One look at the tax map will show that 99% of the parcels of property on the same side of Jackson Street have ah:eady been at one time divided into one acre or less, and one drive do~m the block will prove that most homes also have a second house or guest cottages already existing, similar the one proposed here. There is no plan to divide and sell the premises and no additional driveway xvill be made. Ali services, including garbage removal, property maintenance and the like will continue to be provided through the main house and property. Both the new dwelling and the existing home will be ser~4ced with public water. Moreover, every effort will be made to reduce any environmental hnpact the project may have through plantings of native shrubs and preservatiun to the greatest extent possible of existing trees and shrubs. The Applicant will endeavor to make minimal disturbance to the land and mivim~an irrigation is planned and will be employed with we[1 water_ THE APPEAL: Section 6 of Local Law No.3 of 2002 sets forth the Appeal Procedure and states in part that a variance or waiver may be granted where it is required to alleviate an extraordinary hardship affecting a parcel of property, and where it]he Town Board finds that a variance or waiver will not adversely effect ~he purpose of this local law, the health, safet3r or welfare of the Town of Southold or any comprehensive platming being undertaken in the Town, the Town Board shall take into account the existing land use in the immediate vicihity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resom'ces, and transportation infrastructure of the Town. There is no question that a waiver is applicable and necessary here_ The project is clearly outside the directed scope of the Town's application of a moratorium as it clearly does not effect any of the areas of concern targeted by said moratorimn. Moreover, it is keeping with the existing land use in the inu-nediate vicinity of the property. There is no question that the Applicants have suffered greatly throu~i this process and lost immeasurable time and wasted a great deal of money. There is also no doubt that once the moratorium is lifted, this project will certainly go ahead as planned as it is outside the scope of the moratorium. While the hold-up and amplified costs suffered by the Applicant are not the fault of any agency of Southold Town, the failure of the Town Board to grant a waiver of Local Laxv No.3 in this case would create and perpetuate extraordinary hardship on the Applicants and the property. Permits and approvals will expire, more money will be wasted and significantly, the Applicants will lose more time, precious time, the emotional hardships of which are again intmeasurable_ In conclusion, a waiver in this case is tmdehiablyjustified by the facts. It is ~Sth great respect to the purpose of the law and the efforts of the To~xm Board and all of the Towns agencies that the Applicants lierein request a waiver pursuant to Section 6 of Local Law No.3 of 2002. R7 e~/~/~hlly subm?~ted, . Valerie Marvin South_old Town Planning Board Edgar & Arlene Mm-vin 8 .60'99~ Town Of Southo[d ~ P.O Box 1179 ~;~_.',~uthold, NY 11971 * * * RECEIPT * * * Date: 12/13/02 Transaction(s): Mora[orium Waiver Receipt#: 2491 Subtotal $250.00 Check#: 2491 Total Paid: $250.00 Name: C~erk ID: Marvin, Valerie 685 Orchard Street Pob 653 New Suffoik, NY 11956 LINDAC In[ernal ID: 64677 _Z i ELIZABETH A. NEVILLE TOWN CL~.RK REGISTRAR OF 'viTAL ST_kTISTICS I~LM~RL~.GE OFFICER RECORDS i~L~NAGEMENT OFFICER FREEDOM OF INFOI~£{TION OFFICER To~vn Ha]l, 53095 Main Rood P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtovfn.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIJFY THAT TffE FOLLOWING RESOLUTION NO. 528 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF ~ SOUTHOLD TOWN BOARD ON AUGUST 13, 2002: WlcrEREAS, there was presented to the Town Board of the Tm~m of Southold, on the 2"~ day of July, 2002, a Local Law entitled, "Local Law in relation to a Temporary Moratorium on the Processing. Review of~ and making Decisions on applications for Maior Subdivisions, Minor Subdivisions, and Special Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold' WHEREAS, a public hearing was held on this Local Law on the 306 day of July, 2002, at which time all interested persons were given the opportumty to be heard thereon, now, therefor, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 3 OF 2002 A Local Law in relation to a Temporary Moratorium on the Processing, Review of; and making Decisions on applications for Major Subdivisions, Minor Subdivisions, and Special Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the atrthority to vary or waive the application of any provision of this Local Laxv, in its legislative 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 effect the purpose of this local law, the health, safety or welfare of the To~m of Southold or any comprehensive planning being undertake~ 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, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §A106-25, § A106-27 and Articles III and IV of Chapter Al06 oftbe Southold Town Code. c. All such applications shall, witkin five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public heating and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVE1L~d3ILITY If any clause, sentence, para~aptL section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity- of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law 2 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and 2 22 to supercede any inconsistent authority. In particular, this local lmv supersedes Town Law 2 276, Town Law 2 278, and Southold Town Code §2§ A106-21, Al06-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and fm~l subdivision plats) within specified time periods. Thig local law suspends and stays the running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws_ And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law 2§2§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other rehef from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law 2 274-a and the provisions and requirements set forth in Article XXV of the Southuld Town Code, which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the pro'vSsions of Article XXVI of the Southold Town Code, ~vhich require that the Zoaing Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewing, holding hearings on Sonthold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or fights in real property (the fee or any lesser interest, development rights~ easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; · 6)'' new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development fights, easement, covenant, or other contractual fight ) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or fights to property are being sold or gifted encompasses at least seven~ five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Toxvn Code.; 7) a site plan application for a two-family d~velling; 8) a site plan application for a bed-and-breakfast; 9) a site plan application for an accessory apartment(s); 3) 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling mt(s) are suspended and stayed while this Local Law is m effect " The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on. continue a hearing or make any decision upon any application for a special use permit which apphcation is also subject to Planning Board approval pu~snant to the Southold Town Code where the Planning Board is prohibited f~om reviewing, processing, holding heatings on and making decisions on because of the provisions of this Iocat law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications fbr either subdivision approval or special exception use permits and site plans contaimng dwelling unit(s) within the Town of Southold_ Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the defmition of'~Subdivision" in Southold Tox~ Code section A106-13; 3) Lot line applications; 4) new or pending applications for the subdivision of a parcel of property ~vhere interests or fights in real property_ (the fee or any lesser interest, development rights, easement, covenant, or other contractual fight ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Surrotmding Areas; and 4) the preservation of the Natural Environment. The practical reality, however, is that some of the land use regulations and procedures (specifically including, but not limited to, the subdivision regulations and regulations governing special exception use permit and site plan applications that include dwelling unit(s)) are not having this effect. Until the planning process is completed, the To~,~ Board finds it necessary to impose a moratorium on the grant of subdivision approvals and multi-family developments that require site plan approval, as hereinafter provided. An integrated strategy that takes into acconnt the Town's fragile and finite natural resources and its unique geographic configuration is needed_ This moratorium will enable the Town to focus on crafting and implementing a strategy to ensure that it actually achieves its planning objectives_ This action is necessary in order to protect the character, natural resources, public services and facilities of the Town of Southold and the public health, safer5, a~d welfare of Town residents. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of SIX (6) months following the effective date ofth/s Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the SIX (6) month period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, xvhether that subdivision application was submitted prior to or after the effective date of this law. This law apphes to subdivisions (whether major subdivisions or minor subdivisions) as defined in Southold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on al! aspects of subdix4sion applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while tkis Local Law is in effect; 2) the Planning Board shall not accept for review, continue review, hold a hearing or make any- decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted pr/or to or at~er the effective date of this law, and shall not be subject to the time periods specified in Town Law § evident in the closure of shellfishing areas such as Mattituek Creek and James Creek due to an increase in coliform bacteria from septic systems and storm water runoff, to name just two sources. The LWRP and the Paconic Estuary Plan recommend several land use measures that could be adopted bythe Town to augment estuary protection. The Town intends to adopt or implement most, if not all, of these recommendations. The moratorium will give the Town time to consider and implement the LWRP and the best land use techniques for protecting its waterfront resources. The public infrastructure tha~ is needed to support human activity plays an important role in shaping a commumty's character. The design and location of roads, schools, parking lots, subdivisions and business centers are determinants of this character. This character is being changed by certain trends: requests to the Board of Trustees for permits on waterfront lots, the loss of historical structures of importanec to the community through neglect or ignorance, the increase in vehicular traffic which, in turn, has increased traffic congestion and the need for parking within hamlet business centers. Regional travel patterns to and from Connecticut and the Hamptons are also adding to the traffic congestion. The ability of SR 25 and the Town to continue to absorb additional volumes of traffic without irreparable damage to its quality of life is an important issue. The Town must clearly define the boundaries bet-ween hamlets and open areas in order to differentiate in its treatment of land use and public infrastraclure in these areas. On May 2l, 2002, the SCWA instituted a 6-month moratorium onthe issuance of new hookups until it can develop both a short and long-term plan for maintaining and providing a dependable supply of high quality drinking water xvithin the Town of Southold. The Town does not have accurate information about the maximum amount of residential and agricultural usage that its underground aquifer is capable of sustaining. The Town has not adopted a grom~dwater protection program to ensure that the sole source of drinking water does not become contaminated by organic and inorganic compounds. The Town's existing procedures and laws should have the practical effect of ensuriag that new development and redevelopment are in accordance with the Tox~'s planning objectives. The lbur guiding planning objectives of the Town of Southold are 1) the preservation of farmland and agriculture; 2) the preservation of Open Space and Recreational Space; 3) the preservation of the Rural, Cultmal, Commercial and Historical Character of the Hamlets and Section 1. PURPOSE The Town Board finds that the increased growth and development of residential subdivisioas and multi-family developments requiring site plan approval within the Town of Southold are placing severe pressure on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town The Town's unique environment, geography, and hydrolog3r impose distinct limitations on the shape, design and intensity of residential development that can be reasonably sustained without endangering public health, safety and welfare. The Town Board has taken steps to study and analyze the existing land use, populations trends, and fiscal, institutional, human, environmental and agricultural resources of the Town to determine the sufficiency of the existing land use ]:egulations and the possible need for revision of such regulations. The Town Board appointed the "Blue Ribbon Commission for Preserving a Rural Southold" to recommend methods for increasing the amount of protected farm and open space lands. Approx/mately one th/rd of the Town's land is prime farmland. Ill-planned residential subdivisions and multi-family developments subject lo site plan review can significantly reduce the availability of agricultural land. Decisive measures are needed to protect farmland wkile ensuring the economic viability of the agricultural industry. The Blue Ribbon Commission has concluded its meetings and has drafted and released its f'mdings and recommendations. The Town Board needs time to consider and take action on the recommendations made by the Commission. Implementation of its recommendations will likely require a substantial commitment of legal and planning resources to develop legislation. Southold has iasufficient affordable housing opportunities for its own residents. The Toxvn's current policies and laws pertaining to the creation of affordable housing are not fully achieving its goals and need to be updated. Southold needs a sound planning strate~; for maintaining a stable supply of starter and/or rental housing. After years of study~ fact gathering and drafting completion of a local waterfront revitalization program (LWRP) for the Town of Southold is imminent. The LWRP is a comprehensive plan for the entire town. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. This is Section 8. EFFECTIVE DATE Th/s Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk