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Home My WebLink AboutDoherty, Carolyn J SOUTHOLD TOWN BOARD PUBLIC HEARING May 4, 2004 5:00 P.M. HEARING ON THE XPPLICATION FOR A WAIVER FROM TIlE PRO~q[SIONS OF A "TEMPO ,RARY MORATORIU3~I ON TIlE PROCESSING, RE'flEw OF AND MAKING DECISIONS ON TI-IF. APPLICATIONS FOR IYL4JOR AND MINOR SUBDIVISIONS ..~ND SPECIAL USE PERMITS A~ND SITE PL.~S CONT'AIN1NG DWELLING UNIT(S) IN. THE TOWN OF SOUTHOLD" FOR THE SUBDIVISION OF CAROLYN J. DOH~RTY, SCTM #1000-9-8-2. Present: Supervisor Joshna Y_ Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P_ Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Firmegan COUNCIL1VkA_N WICKHAM: NOTICE IS HEREBY G1YEN that the Toxxn Board of the Town of Southold hereby sets 5:00 p.m., May 4~ 2004 at Southold Town Hall, 53095 Main Road, Sonthold, Ne;; York, for a public hearing on the application requesting a waiver kom the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review o~, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans contaimng d;velling unit(s) in the Town of Southold", and extensions thereof, for the minor subdivision of Carolyn J. Dohert~ for the parcel identified as SCTIvI# 1000-9-8-2 (The property is located on Fishers Island at Reservoir Road). COUNC[LtvLA2q WICKH~A2v{: I have before me a notice that this legal has appeared on the Clerk's bullet~ bo~d outside and it has also appe~ed ~ the local newspaper as a legal notice. I have in ~e file a letter ~om the applicmxt explaining why she is requesting tbs and I am not going to rea/ the x;~ole thug "The p~cel has been o~xmed by my family for over 50 years. For as long as I c~ remember, it has been desi~ated as a s~gle lot with m~o different, that is R-80 and M-2 zorag classifications. I am told that t~s prope~ ts one of only ~vo p~cels located on Fishers Isled ~r~as ~s t~qne mukiple zoning classification. My fa~ly h~ decided to sell the prope~ ~d w~ave fmtnd ~o buy~ who are cu~ently Nterested. One would hke to pmchase ~he residenfiM .e but they do not want to dcm with the M-2 piece of property. LucMly, a nei~bor on Resen'oir Rc.a[°~ lke to purchase the M-_ potion. It is almost a match made in heaven. In r%ards to the ~ -, ~ough moratoht~, I ~lly understmd and a~ee widx the need m control the ~ox~ of the T~ , proper pla~ing. However, this request is hr fi-om a tspical subdivision ~d should r~e ~ped May 4, 2004 Pubtic Hearing- Doherty Waiver 3 SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anyone care to address the goard on this specific public hearing? (No reSponse) Is there anybody, is there a representative fi:om Fishers Island that is a representative of the prope~ly owner here? 'ga-e there comments fi:om the Board? (No response) We will close this hearing. Southold Toxvn Clerk SOUTHOLD TOWN BOARD PUBLIC HE?LRING May 4, 2004 5:00 P.M. 1tEARING ON THE APPLICATION FOR A WAIVER FROM TIlE PROVISIONS OF A 'erEMPORARY MORATORILrM ON THE PROCESSING, REVIEW OF :kiND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND 5fI1NOR SUBDIYISIONS AND SPECIAl, USE PERMITS AkND SITE PL,adqS CONTAINING DtNELLING UNIT(S) IN THE TOWN OF SOUTHOLD' FOR THE SUBDIVISION OF CAROLYN J. DOHERTY, SCTM #1000-9-8-2. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Conncihnan Thomas H. Wick_ham Conncilman Daniel C. Ross Councihnan William P. Edwards Town Clerk Elizabeth A. Ne~'ille Town Attorney Patricia A. Firmegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 5:00 p.m, May 4, 2004 at Southold To;xqx Hall, 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver fi'om the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Re;Sew of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling trait(s) in the To;¢m of Southold", and extensions thereof, for the minor subdivision of Carolyn J. Doherty for the parcel identified as SCTM# 1000-9-8-2 (The property is located on Fishers Island at Reservoir Road). COUNCILMAN WICKI-LaAVI: I have before me a notice that this legal has appeared on the Toxxta Clerk's bulletin board outside and it has also appeared in the local newspaper as a legal notice. Ihave in the file a letter from the applicant explaining why she is requesting this and I am not going to read the whole thing "The parcel has been ozmed by my family for over 50 years. For as long as I can remember, it has been desi~mted as a single lot xvith two different, that is R-80 and M-2 zoning classifications. I am told that this property is one of only two parcels located on Fishers Island that has this tmique multiple zon'mg classification. My family has decided to sell the property and we have fmard two buyers who are currently interested. One would like to pmchase the residential side but they do not want to deal with the M-2 piece of property. Luckily, a neighbor on Reservoir Road would like to purchase the M-2 portion. It is almost a match made in heaven. In regards to the subdivision moratorium, I fully understand and agree with the need to control the growth of the Tow'n through proper planning. However, tiffs reqnest is far lkom a typical subdivision and should not be lmnped May 4, 2004 2 Public Hearing- Doherty Waiver under the soane gnidelines as the farmlands on the North Fork. We are merely asking to olit the propet~ty ~long the exi~t~g zoningline \v~ffile le-avLffg~lie~ b~isfmg zoning lines In place." 'i fia~:e a ~etter also fi'om their attorney, which essentially says similar things, only much longer and [ guess ~ can skip that. There is a letter ii'om the Town Planning Board in response to this. This is dated Mar(n 23, from the Chair of the Town's Planning Board. "The Planning Board has reviewed the request and is making comments. In the following paragraph, the Platming Board will address the request in the conte~t of land use plamfing, consideration of any other comment or issues is beyond the scope of this review. Land Use - The parcel is located in Reservoir Road, east and adjacent to Fishers Island. (And there follows a recitation of all the facts) Currentl)q the parcel is improved with an tmspecified "existing building" located in the southeast comer. The remai~ring acreage is vacant and wooded. ~e dominant land use in the vicinity to the north, east and south is residential with lots ran~ng fi.om .67 acres to 5.5 acres, in the R-80 zorfing district and from .4 in the M-]~ zoning district. Based on the above, the size of lot 2.1 would not significantly deviate fi.om the general land use, nor the intent of the R-gO zoning district and the parcel sizes to the north and the east· However, lot 2.2 does not confot~n to the minimmn lot size requh'ements of 80,000 square feet to the M42 zoning district and therefore require a Zoning Board of Appeals re~4ew. Following the potential improvement of the lot 2. i and 2.2 with single-family residences, the view-shed from the adjacent parcels wiil be /nterrupted. Visual inapacts will be assessed as a part of the State SEQRA Act, as part of the Soul, old To~*~ Cede. Transportation - The proposed action is located on Reservoir Road. Transportation impacts wil! be assessed pnrsuam to SEQRA. Natural Resources - The parcel abuts Fishers Islmad Sound. 5otb proposed lots haclude tidal wetlands_ The parcel is expected to provide wildiife habitat. Slopes over 15% occur on-site, water ward of the DEC jurisdictional bounda .ry. Any impacts will be ass~sed pursuant to SEQRA. Water Supply - Water supply ,Mll be assessed pursuant ~c SEQI~_. Rt~r~ Character - The proposed action is located in a residential area and therefore is not expected to significantly ~,:::~:t rural character. The propetxy is not located ~xitkin an identified hamlet av~d therefore no im;,~:..s to the cultural, cozmnercial and historical character of the hamlets are expected. Agricultural L~r:_: - Therelbre, no loss of a~icuhural lands will occur because it is not in agricultural -.':~: fi:pen Space and Recreatimtal Space - The size, location and nsc o~' the proper~y pro-.'::3,-~" ;:~ c?er. s:-~e to the surrounding comm~mity. Due to the private ownership of the parcel, ' · ; of recreational use is low. The Planning Board in a December i6 letter ruled that the ~ : . - :.:trion, which includes a creation of lot 2.2 of some 36,000 square feet, is nou-cmzforming '~. · '..~ a .a!ete~r. Sqation fi.om the Zoning Board. The Planning Board farther stated that they · ?-.rd - -3-i~::.~ ~Sx application tmfil a decisions fi.om the Zoning Board of Appeals is issued. ?cxthe~7 . :~ng Board finds that the proposed action is indifferent fi'om ~e proposed mizor ~,ab'~i~'i~:rt ap;. :~ subject to the moratorium and that the supporting facts of the waiver request ...,t demons*z..5.;~; ~.~stanfive reasoning, nor severe hardship and therefore rzcm~xends ii,at ~.~ Board deny tl,~e :, ziver request with consideratinn to the follou lng. 1. The proposed acfien does v~._. ossess or pr%:.:.te ~n executed contract either ~fting or selling intarests or rights m real taa ~ortion of :.:-'~ p:~cel to either the To,tm, Comity, The Peconic Land Trdst er the Nature Coaxez ;ahoy. 2. The action proposes no pemranent presetx-ation in wh/ch :.ntcrests or ~5gJ:[ts proper¢- ?re being sold or gifted upon at least 75% Of the parcel. If you have ~2er quest/orzs, i~Iease do net ~:e: 'it~qte to contact the officers in the Plam~g Board." We have letters fron~ attorneys and belSe~e~, ~s all the substm~tive comments that have been received ou this proposal to date_ P.O. Box 1_179 Town Hall, 53096 State Route 25 Southold, New York 11971-0~59 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD [~CEIVED MAY 2 6 2004 To: Ms. Elizabeth Neville, Town Clerk SouthoM Town Cle~ From: Jerilyn B. Woodhouse, Chair Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for Proposed Minor Subdivision of Caroline Doherty SCTM# 1000-9-8-2 Date: May 26, 2004 The Planning Board has re-reviewed the request (dated February 9, 2004) and supporting documents regarding the above referenced waiver petition. The Planning Board finds that the proposed action is not different from the proposed minor subdivision applications subject to the moratorium. This decision is based upon the presented supporting facts. The petitioner does not demonstrate substantive reasoning or severe "hardship" and therefore the Planning Board recommends that the Town Board deny the waiver request. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Cc: Valerie Scopaz, Town Planner Patricia Finnegan, Town Attorney Kieran Corooran, Assistant Town Attorney SOUTHOLD TOX,X/q'q BO.MLD PUBLIC HE.M~.ING May 4, 2004 5:00 P.M. HEARING ON TIlE APPLICATION FOR A WAIVER FROM THE PROVISIONS OF A "TEMPORARY MOI~a~TORIUM ON THE PROCESSING, RE'~nlEW OF .&ND 5IRKING DECISIONS ON THE APPLICATIONS FOR MAJOR :&ND 5HNOR SUBDIVISIONS SPECL4L USE PERSHTS .&ND SITE PLANS CONT_;INING DWELLING UNIT(S) IN )tHE TOWN OF SOUTHOLD" FOR THE SUBDI-VISION OF C~&ROEk2N J. DOHERTY. ~17~T-5.1 #1000-9-8-2. Present: Supenqsor Joshua Y. Horton Justice Louisa P. Evans Councihnan John M. Romanelli CounciLman Thomas H. Wickham Councihnan Daniel C. Ross Councilman Willimn P. Edwards Town Cleric Elizabeth A. Neville Town Attorney Patricia A. Ffl~negan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 5:00 p.m, May 4, 2004 at Southold Toxxm Hall, 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver from the provisiuns of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and makAng Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling milt(s) in the Toxxm of Southold", and extensions thereof,, for the minor subdivision of Carolyn J. Dohertv for the parcel identified as SCTM# 1000-9-8-2 (The property is located on Fishers Island at Reservoir Road). COUNCILMAN WlCKI-L'MXi: I have before me a notice that this legal has appeared on the Toxxm Clerk's bulletin board outside and it has also appeared in the local newspaper as a legal notice. I have in the file a letter from the applicant explaJming why she is requesting this and I am not going to read the whole tlfing "The parcel has bean owned by my £amiiy for over 50 3'ears. For as long as I can remember, it has been designated as a single lot with two different, that is R-80 and M-2 zm~ng classifications. [ am told that this property is one of only two parcels located on Fishers Island that has this milque multiple zoning classification. IV[y family has decided to sell the property and we have fumed two buyers who are cmxently interested. One would like to purchase the residential side futt they do not warn to deal with the M-2 piece of property. Lxtckily, a neighbor on Reserw'oir Road would like to purchase the M-2 portion. It is almost a match made in heaven. In regards to the subdivision moratorium, I fully understand and agree with the need to control the groxxXh of the Town through proper plamCmg. However, this request is far from a typical subdivision and should not be lumped May 4, 2004 ,,,~. ~ Public Hearing- Doherty Waiver under the same =maidelines as the farmlands on the North Fork. We are merely asking to split the property along the existing zoning line while leaving the existing zmzing lines in place." [ have a letter also fi'om their attorney, wltich essentially says similar tl~mgs, only much longer and I guess I can skip that. There is a letter from the Toxxm Planning Board in response to this. This is dated March 23, fi:om the Chair of the Tox~m's Planning Board. "The Plann'mg Board has rexfewed the request and is making comments. In the following paragraph, the Planning Board will address the request in the context of land use planning, consideration of any other comrnent or issues is beyond the scope of this review. Land Use The parcel is located in R_eservoir Road, east and adjacent to Fishers Island. (,'And there follows a recitation of all the facts) Currently, the parcel is improved with an unspecified "existing building" located in the southeast comer. The remaining acreage is vacant and wooded. Tl~e dominant land use in the ~'icinity to the north, east and south is residential with lots ran~ng from .67 acres to 5.5 acres, in the R-80 zoning d'mtrict and fi:on~ .4 in the M-II zoning district. Based on the above, the size of lot 2.1 would not si~ifi.cantly deviate from the general land use, nor the intent of the R-80 zoning district and the parcel sizes to the north and the east. However, lot 2.2 does not conform to the minimum lot size requirements of 80,000 square feet to the M-1I zoning district and therefore would require a Zoning Board of Appeals review_ Following the potential improvement of the lot 2.1 and 2.2 ~4th single-family residences, the view-shed from the adjacent parcels wil/ be interrupted. Visual impacts will be assessed as a part of the State SEQ1L&- Act, as part of the Southold Tosxr~ Code. Transportation - The proposed action is located on Reservoir Road. Transportation impacts will be assessed pursuant to SEQRA. Natural Resources - The parcel abuts Fishers Island Sound. Both proposed lots include tidml wetlands. The parcel is expected to provide wildhfe habitat. Slopes over 15% occur on-site, xvater ward of the DEC jurisdictional boundary. ~Any impacts will be assessed pursuant to SEQRA. Water Supply - Water supply will be assessed pt~rs~mnt to SEQRA. Rural Character The proposed action is located in a residential area and therefore is not expected to siom~ificantly impact rural character. The property is not located ,adtlfin an identified hamlet and therefore no impacts to the culrm'al, commercial and historical character of the hamlets are expected. Agricultural Lands - Therefore, no loss of agricultural lands will occur becanse it is not in an agricultm-al area. Open Space and Recreational Space - The size, location and use of the property prox4des visual open space to the smx'otmding com_mtmity. Due to the p~4vate oxxxtership of the parcei, the potential of recreational use is low. The Plamfing Board in a December 16 letter ruled that the proposed action, xvhich includes a creation of lot 2.2 of some 36,000 square feet, is non-conforming and requires a determination fi:om th.e Zoning Board. The Planning Board further stated that the3' would not review the application m~til a decisions fi:om the Zoning Board of Appeals is issued. Furthermore, the Plarming Board finds that the proposed action is indifferent from the proposed minor subdi~Ssion applications subject to the moratorium and that the supporting facts of the waiver request do not demonstrate substantive reasoning, nor severe hardship and therefore recorun~ends that the Town Board deny the waiver request with consideration to the following. 1. The proposed action does not possess or propose an executed contract either gifting or selling interests or ri~ts in real property to a portion of the parcel to either the Town, County, The Pec6.nlc Land Tz~tst or the Nature Conservancy. 2. The action proposes no permanent preservation in which interests or righ_ts of property are being sold or gifted upon at least 75% of the parcel. Ityou have ftwther questions, please do not hesitate to contact the officers in the Planning Board." We have letters fi:om attorneys and I believe that is all the substantive comments that have been received on this proposal to date. May 4, 2004 ,.~. 3 '.~. Pubhc Heating- Doherty Waiver SUPER\r[SOR HORTON: Thank you, Councihnan Wic~mm. Wotdd anyone care to address the Board on this specific pubhc hearing? (No response) Is there anybody, is there a representative from Fishers Island that is a representative of the property owner here? Are there comments fiom the Board? (No response) We xx4/1 close this hearing. Southold Town Clerk Carolyn J. Ooherty PO Box 102 Fishers Island, NY 06390 May 13, 2004 Southold Town Board Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Public Hearing SCTM# 1000-9-8-2 Dear Members of the Town Board, RECEIVED ~l~.~ ~ 7 2004 $outh0ld To~n Cter~ I under,and that the Public Hearing for gr.~.nt/ng a waiver from the Temporm~y Subdivision Moratorium in regards to the above property located on Reservoir Road, Fishers Island has been continued until an upcoming work session. I would like to thank the Board for taking the time to have a second look at this request and not just grouping it in wkh the many large subdivision waivers now'being proposed in Southold. As stated in my first letter, this parcel has been designated as a single lot with two different, (R-gO and MII) zoning classifications. I underStand that this property is one of only cwo parcels located on Fishers Island that has this unique multiple zoning classification, although nobody is quite sure of the reason. I have been contacted by two separate parties who are interested in purchasing each one of the zones. One party would like to build a home on the residential side, while the other party would like to purchase the MII side to protect their family property interest, which abuts the existing property. Our request is to simply split the property along the existing zoning line, while leaving the existing zoning classifications in place. No additional building or buildings will result from granting this request. Neither planning nor environmental factors would become a concern as a result of granting this request. The only change is that the parcels will have separate owners, but still governed by the same existing requkements. Thank you for your time and I would certainly appreciate any consideration available Sincerely, Carolyn J. Doherty cc: Town Clerk Neville Town Attorney Finnegan L ~ISH~S ISLAND SOUND SILVER EEL COVE J Carolyn J. Doherty PO Box 102 Fishers Island, NY 06390 April26, 2004. Southold Town Board Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Public Hearing SCTM# 1000-9-8-2 RECEIVED zOu4 Southald Tow~ Cl'er~ Dear Members of the Town Board, Tiffs letter is being submitted as a request in favor of granting the waiver fi-om the Temporary Subdivision Moratorium in regards to the above property located on Reservoir Road, Fishers Island. This parcel has been owned by my family for over 50 years. As long as I can remember, the property has been designated as a single lot with two different, (R-80 and MI~), zoning classifications, probably the result of the existing dock on the easterly side of the property in Silver Eel Cove. I am told that this property is one of only two parcels located on Fishers Island that has this tmique multiple zoning classification. My family has decided to sell the property and we have found two buyers who are currently interested. One family would like to purchase the residential side to build a home with one of the prettiest views on the island, but they do not want to deal with the MII piece of Pr0Perty. Luckily, a neighbor on Reservoir Road would like to purchase the MII portion for the protection ofiffs property. It's almost a match made in heaven_ In, regards to the subdivision moratoriun~ I fully understand and agree with the need to control the growth of the Town through proper planning. However, this request is far from a typical subdivision and should not be lumped under the same guidelines as the farmlands on the North Fork_ We are merely asking to split the property along the existing zoning line, while leaving the existing zoning classifications in place. No additional building will result from granting this request. The only chaiage is that the parcels will have separate owners, but still governed by the same existing requirements. Thank you for your time and I would certainly appreciate any consideration available. Sincerely, Carolyn J. Doherty cc: Town Clerk Neville Town Attorney Finnegan fqSHERS I~LAND SOUND S[LVER EEL COVE ~GENT STREET NEW YORK April 27, 2004 Southold Town Board c/o Ms. Elizabeth A. Neville Southold Town Clerk P.O. Box 1179 Southold, NY 11971 Re: Request of Waiver by Carolyn J. Doherty (SCTM No. 1000-9-8-2) Dear Board Members: I am writing to respond to the Planning Board's March 23, 2004 report to you recommending denial of the referenced request for a waiver from the temporary moratorium. In recommending denial of the waiver, the Board highlights two standards it asks you to consider. While those standards are germane to the issue of whether a subdivision qualifies for an exclusion from the moratorium, they are wholly irrelevant to the issue of whether a waiver from the moratorium should be granted. Implying that these criteria would justify denial of a waiver in this instance, the Board states that the proposed subdivision does not (i) further the gifting or selling of interests in real property to the Town of Southold or other conservation groups, or (ii) promote preservation of at least 75 percent of the entire parcel. In fact, the categories listed by the Board are two of several set forth in Section 4 of the Local Law that would allow an applicant to the Planning Board to avoid the moratorium altogether and proceed with his application without a waiver. Those categories have nothing to do with the criteria under which a waiver application is to be considered pursuant to Section 6 of the Locat Law. The owner, Carolyn Doher[y, acknowledges that, since the Planning Board has characterized her application as one for a subdivision instead of a "setoff", that application does not fit within any of the categories of actions that are excluded from the moratorium. That is why she needs a waiver. Indeed, if the applicant could satisfy either of the two preservation standards the Planning Board asks your Board to consider in Southold Town Board April 27, 2004 Page 2 denying the waiver, she would not even need the waiver and there would be no necessity for her waiver application or a public hearing! The Planning Board's message appears to be that the applicant is not entitled to a waiver from the moratorium in this case because her subdivision is not excluded from the moratorium. That reading of the Local Law would render the appeal procedure and waiver standards mea'hipgless because, taken to its logical conclusion, if an application fits within an exclusion category, the applicant would not need a waiver and, if it does not, the applicant would not be entitled to one. Under what circumstances, it would be fair to ask, would the waiver standards ever need to be applied? Interestingly, the Planning Board in its findings in the first two pages of its report does examine the criteria fora waiver. Indeed, it appears to agree with many of the assertions I made in my Memorandum to you of February 7, 2004. In the Board chair's own words, "the proposed action...is not expected to significantly impact rural character" (emphasis supplied); "no impacts on the Cultural, Commercial or Historical Character of the Hamlets are expected"; "no loss of agricultural land will occur"; and "the potential for recreational use is Iow". Logically, those findings would support a recommendation for the granting of a waiver, not for denying one based on other (irrelevant) standards. Finally, the Planning Board's report notes that a determination by the Zoning Board of Appeals is necessary. The applicant understands that relief from the Zoning Board will be required before Planning Board review. But that would also be true if the application were deemed to be a "setoff" and therefore excluded from the moratorium. Like the preservation issue, the need for a variance is simply not pertinent to whether a waiver of the moratorium should be granted. The applicant is merely requesting the opportunity to make her case, understanding that the relief requested may not be forthcoming. In summary, I respectfully request that you consider the Planning Board's findings in the first two pages of its report of March 23, 2004 but that you make your determination based on the waiver standards of Section 6 of the Local Law, not on the exclusion categories of Section 4 or the necessity for Zoning Board relief. cc: Southold Planning Board Very truly yours, Stephen L. Ham, #6021 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 15th day of April ,2004. CHRISTINA VOLIN~(I NOTARY pUBLIC-STATE O~ NEW YORK No. Ol-V06105050 Qualified In ~uffolk County Commission B~:plre~ Fel~ruory 2~, 200B~ Sworn to before me this 2004 Principal Clerk day of (,~ ~, 1 ' ' ,! :LEG~LNOTICE -NOTICE OF PUBLIC HE&RING NOT~CE IS HEREBY GlUtEN that the Town Board of the Town of S°uthold herebl~ets 5:0~ p_lm, May 4, ,. ,2004 ar Somhold TovJn Hall, 53095 = Main Road, Southold. Nea York, for a public hearing on the aopIination requ~esting a waiver from-~he pro~4siou~ of the' Local La,v entitled -'Temporar3, Morato,4ura on the Pro~es~ing. Review oL and maldug Decisions on the appli- cafioas for Major and Minor Subdivialom, and Special U~e Perazits and Site Plans contalitthg dwelling uuk(s) in the Towa of Southold". and e~ensinns thereof, for the minor sub- thvL~inn of Carolyn .L Dohertl- for the parcelidenlLfied ~s SC3'M#'I000-9-8~. (fhe proper~3 6 located on Fishers Island at Resen,oli Roath: Dated: ApfiI 6. 2004 ~' JgY OP,,DER OF THE TOWN BO ~a,D OF TIIE TOWN OF SOUTHOLD Egzabeah Nemlle, Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS I-IFREBY GI~rEN that the Town Board of the Town of Southold hereby sets 5:00 p.m., May 4. 2004 at Southold To~m Hall, 53095 Main Road, Southold, New York for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and mak/hg Decisions on fhe applications for Major and Minor Subdivisions, and Special Use Permits and Ske Plans containing dwelling unit(s) in the Town of Southold", and ex~ensiohs thereo[ for the minor subdivision of Carolyn J. Dohertv for the parcel identified as SCTM# 1000-9-8-2 (The property is located on Fishers Island at Reservoir Road). Dated: April 6, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Totem Clerk PLEASE PUBLISH ON ~a~PRIL 15, 2004, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, Tov~rN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watclunan Planning Toxxm Clerk's Bulletin Board To~xt Board Members Tox,~m Attorney STATE OF NEW YORIO SS: COUNTY OF SUFFOLK) ELIZABETH A. NE¥~LLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the C~' day of (} 1o~ ,2004, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Tox~m of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Sonthold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: May 4, 2004. 5:00 p.m. ff/~Elizabeth A. Ne~lle Southold Town Clerk Sworn before me,,this ~ ~ ~ day of ~~ ,2004. r, B Noff~y Public LYNDA M. BOHN NOTARY PUBUC, State of New York No. 01BO6020932 Qualified in Suffotk Counb] Term Expires March 8, 20 PLANNING BOARD MEMBEt~ JERILYN B. WOODHOUSE Chair RI CI-L~RD CAGGI.&NO IVILLI.~I J. CREMERS KENNETH L. EDW~M~DS MARTIN II. SIDOR P.O. Box 1179 To~vn Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF $OUTHOLD RECEIVED [,..~AR 3 0 2004 To: Ms. Elizabeth Neville, Town Clerk From: Jerilyn B. Woodhouse, Chair Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the appfications for Major and Miner Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for Proposed Minor Subdivision of Caroline Doherty SCTM# 1000-9-8-2 Date: March 23, 2004 The Planning Board has reviewed your request (dated February 9, 2004) for comments on the above referenced waiver petition at its March 22, 2004 work session. In the following paragraphs, the Planning Board will address this request in the context of land use planning; the consideration of any other comment or issues is beyond the scope of this review. Land Use - The parcel is located west of Reservoir Road and east of, and adjacent to, Fisher's Island Sound on Fisher's Island. The proposed action involves the subdividing of.a 3.30 acre, split zoned parcel (SCTM# 1000-9-8-2) into two lots; where lot 2.1 is located in the R-80 zoning district and equals 2.48 acres: Lot 2.2 is zoned M-II and equals .82 acres. The R-80 and M-II zoning districts require a minimum lot area of 80,000 sq ft orl.83 acres. Therefore, Lot 2.2 is proposed as nonconforming. The zoning district R-80 is located to the north and east of the parcel. The zoning district M-II and R-40 is located to the south of the parcel. Currently, the parcel is improved with an unspecified "existing building" located in the southeast corner. The remaining parcel acreage is vacant and wooded. The dominant land use in the vicinity to the north, east and south is residential with lots ranging from .67 acres to 5.58 acres in the R-80 zoning district and from .43 in the M-II zoning district. Further south the area is zoned R-40 with lots ranging from .30 acres to 3.84. Based on the above, the size of Lot 2.1 would not significantly deviate from the general area land use, the intent of the R-80 zoning district and the parcel sizes to the north and east. H°wever, Lot 2,2 does not conform to the minimum lot size requirements (80,000 sq. ft) for the M-II zoning district and therefore would require a Zoning Board of Appeals review. Following the potential improvement of the Lot 2.1 and 2.2 with single-family residences, the view-shed from the adjacent parcels will be interrupted. Visual impacts will be assessed as apart of the State Environmental Quality Review Act Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Transportation Infrastructure -The proposed action is located on Reservoir Road. Transportation impacts will be assessed pursuant to the State Environmental Quality Review Act Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Natural Resources -The parcel abuts Fishers Island Sound. Both proposed lots include tidal wetlands. The parcel is expected to provide wildlife habitat. Slopes over 15% occur on-site water ward of the NYSDEC jurisdictional boundary flagged on June 18, 2001. Any impacts to the natural resources will be assessed pursuant to the State Environmental Quality Review Act Article 8, Part 617. Water Supply -Water usage and sanitary impacts will be assessed pursuant to the State Environmental Quality Review Act Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Rural Character-The proposed action is located in a residential area, and therefore is not expected to significantly impact rural character. The property is not located within an identified Hamlet and therefore no impacts to the Cultural, Commercial and Historical Character of the Hamlets are expected. Agricultural Lands - Dominant soil types of the parcel are Escarpments (Es) - Capability Unit VIIIs-2 and Cut And Fill Land Steep (CUE) -Capability Unit unassigned. Both soils are unsuited for agriculture. Therefore no loss of agricultural lands will occur. Open Space and Recreation Space - The size, location and use of the property provides visual open space to the surrounding community. Due to the private ownership of the parcel the potential of recreational use is Iow. Due to size, location and attributes of the parcel it is the Planning Board's finding that the proposed action upon SCTM# 1000-9-8-2 cannot fully support the planning objectives of the Town of Southold which include: The preservation of farmland and agriculture, recreational space and Rural, Cultural, Commercial and Historical Character of the Hamlets. Conversely, the action does not support the preservation of open space and the natural environment. The Planning Board, in a December 16, 2003 letter, ruled that the proposed action which includes the creation of Lot 2.2 (35,942 sq. ft) is nonconforming and requires a determination from the Zoning Board of Appeals. The Planning Board further Stated that they would not review the application until a determination from the Zoning Board of Appeals is issued. Furfftermore, the Planning Board finds that the proposed action is indifferent from the; proposed minor subdivision applications subject to the moratorium and that the supporting, facts of the waiver request do not demonstrate subStantive reasoning nor severe "hardship" and therefore recommends that the Town Board deny the waiver request with consideration to tlie following: The proposed action does not possess or propose an executed contract either gifting oi' selling interests or rights in real property to a portion of the parcel to either the Town of Southold, The County of Suffolk, The Peconic Land Trust or The Nature Conservancy. The action proposes no permanent preservation in which interests or rights of property are being sold or gifted upon at least 75 percent of the entire parcel. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Cc: Valerie Scopaz, Town Planner Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney ELIZABETH A. NEV~J.E TOWN CLERK REGISTHAR OF VITAL STATISTICS i~L~_tRRL~GE OFFICER RECORDS 1V~X_NAGEMENT OFFICER FREEDOM OF INFOR~kTION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.ner~kfork_net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Attorney Patricia Firmegan Town Planner Valerie Scopaz From: Town Clerk Elizabeth Neville Re: Request for waiver on Moratorium Date: February 9, 2004 Transmitted, please find request of Stephen L. Ham 1]I on behalf of Carolyn J. Doherty for a waiver to the subdivision moratorimn on property located at Reservoir Road, Fishers Island, SCTM# 1000-9-8-2. Please review and prepare a v~M'Lten report of your reconunendations aRd findings. Thank you. SOUTm~.~t~TON, NEW Yo~x 11908 February 7, 2004 Town Board of the Town of Southold c/o Town Clerk P.O. Box 1179 Southold, NY 11971 Re: Waiver of Temporary Moratorium for Minor Subdivision of Premises at Fishers Island (SCTM No. 1000-9-8-2) RECEIVED FEB 9 2004 Dear Board Members: On behalf of the owner and the contract vendee of the referenced parcel, I hereby request a waiver of the provisions of Local Law No. 3 of 2002, as extended by subsequent resolutions, to permit the Planning Board and Board of Appeals of the Town of Southold to consider an application for a minor subdivision of premises at Reservoir Road on Fishers Island (SCTM No. 1000-009.00-08.00-002.000). With regard to this application for a waiver. I have enclosed seven prints of the minor subdivision plan prepared for Carolyn J. Doherty by CME Associates Engineering, Land Surveying and Architecture, PLLC, seven copies of a Memorandum setting forth arguments in support of this application for a waiver, and a check to the Town Clerk in the amount of the $250 processing fee. Please let me know immediately if you require any information, documentation or payments before this application can be processed. Very truly yours, Stephen L. Ham, Ill Enclosures 88 ~UGE~T STREET February 7, 2004 MEMORANDUM TO: FROM: RE: Town Board of the Town of Southold Town of Southold Planning Board Stephen L. Ham, 111 Waiver of Temporary Moratorium This Memorandum is being submitted in support of the application for a waiver of the Temporary Moratorium imposed pursuant to Local Law No. 3 of 2002, as extended by subsequent resolutions (the "Local Law"), so as to permit the consideration bythe Planning Board and the Board of Appeals of the Town of Southold of an application for a minor subdivision of premises owned by Carolyn J. Doherty (SCTM No. 1000-009.00- 08.00-002.000). FACTS: The 3.30+/- acre parcel that is the subject of the proposed minor subdivision is located at Reservoir Road on Fishers Island and lies partlywithin the R-80 Zone District (2.48+/- acres) and partly within the M-II Zone District (.82+/- acres). The division line proposed for the parcel is the division line between those two Zone Districts. The purpose of the subdivision is to permit the residential parcel to be conveyed separately from the commercial parcel. In addition to Planning Board approval, the subdivision will require a variance from the Zoning Board of Appeals. CRITERIA FORWAIVER: In accordance with Section 6.a of the Local Law, the Town Board may grant a request for a variance or waiver if it finds that the variance or waiver will not adversely affect (1) the purpose of the Local Law; (2) the health, safety or welfare of the Town of SouthoId; or (3) any comprehensive planning undertaken in the Town. In making its determination, the Town Board shall take into account (a) the existing land use in the vicinity of the property; and (b) the impact on (i) the water supply, (ii) agricultural lands, (iii) open and recreational space, (iv) rural character, (v) natural resources, and (vi) transportation infrastructure. DISCUSSION: Of all the criteria set forth in Section 6.a., the most significant is obviously whether there will be an adverse effect on the purpose of the Local Law. Indeed, a whole section, consisting of about one-third of the entire Local Law, is devoted to its purpose. And it is clear from a reading of that section (Section 1 ) that the purpose of the Local Law is to protect farmland and open space or, in other words, to preserve the rural character of the Town of Southold. The proposed subdivision will not have any effect on the rural character of the Town nor will it have any impact on health, safety, welfare or comprehensive planning issues. The parcel is located on a residential street with mostly improved properties on generally smaller lots. It is only 3.30+/- acres, not a vast tract of open space, woodland or farmland. Impact on rural character is simply not relevant in this case. Whether or not the required approvals to separate the residential portion of the premises from the commercial portion are granted, one and only one single-family 2 residence can be built at the site. Since that residence can be built as a matter of right, its construction is consistent with the planning and zoning considerations embodied in the Town Code. While the lot area of the commercial portion would be nonconforming, it will be argued at the Zoning Board that no new nonconformity will be created since only 35,942+/- square feet in the M-II Zone District are available in any event and that available commercial area would not be diminished by the subdivision. The area of the M-II portion of the property is essentially a pre-existing nonconformity. The sole purpose of this proposed minor subdivision is to permit separate ownership of a residence that can be built as of right from the other building now present on the commercial portion of the property. It clearly does does not involve the development of a large tract of farmland into building lots that would support additional families, thereby impacting water supply, agricultural lands, open and recreational space, rural character, natural resources, or transportation infrastructure. CONCLUSION: Because the proposed minor subdivision does not involve a significant development of open space that the Local Law is designed to address, a waiver of the Temporary Moratorium is warranted in this case. S.L.H., III Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/10/04 Transaction(s}: Moratorium Waiver Receipt#: 10834 Subtotal $250.00 Check#: 10834 Total Paid: $250.00 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: LINDAC [n[ernal ID: 89234 NYSDEG JURISDICTIONAL 8GU ~ dII J I~ Il, N/F AS DETERMINED BY NYSDEC 6/18/01 ~ /J ~J~l] n I; II / UNON FREE PER COASTAL EROSION HAZARD AREA MAP ' , ~ / I ' TOWN OF SOUTHOLD; SUFFOLK COU.~ ~ NEW YORK; PHOTO NO, 41-1185-8~ ~ ~ ~jj,/j,~l,'tl,'~l~l~ .~ ', ,Xx CHILSED CROSS (; ¢ A'd j , j i I /1 il ~ ~ ~ J~ ~ ~ ~ ~ ~ / ~ ~ I/ ~ N " ~ ~ ', ( ~ I ~, ~ // %11 ' ~ ~ ~ ~ ~ ~ ~' ~ ~,, . ~, x x ~' x~ ~.) 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SITE IS IN THE TOWN OF SOUTHOLD, COUN~ OF SUFFOLK TAX Xj ~.~ ~.~/~ ~ / % ,/ ~X % ~. 8) APPLICANT CAROLYN JULEEN DOHER~ I 'COBBtE , .* ~ ~'~N~. ~ ~ ~ ,~ ~ ~ ~ [RON/~ / FISHERS IS~ND, N,Y, 06390 FILE ~