HomeMy WebLinkAboutMcCarthy, Thomas SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 10. 2004
8:05 P.M.
HEARING ON THE WAIVER REQUEST FROM THE PROVISIONS OF THE LOCAL LAW
ENTITLED "TEMPOI~s, RY 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 SUBDIVISION OF
McCARTHY, SCTM #1000-96-01-11.1
[)resent:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councillnan Thonms It. Wickham
Councilnmn Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Tow n Attorney Patricia A. Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Toxin of
Southold hereby sets 8:05 p.m., August 10, 2004 at Southold Town Hall, 53095 Main Road~
Southold, New Yorlq for a public bearing on the application requesting a waiver from the
provisions of the Local Law entitled "Temporar), Moratorium on the Processing, Review of, and
making Decisions on the applications for Maior and Minor Subdivisions~ and Special Use
Permits and Site Plans containing dwelling unit(s} in the Town of Southold" and extensions
thereof, for the subdivision of Thomas J. McCarthy for the parcel identified as SCTM# 1000-96-
0l-11.1 (The property is located on the west side of Churcb Lane in Cutchogue).
COUNCILMAN WICKHAM: As the Supervisor pointed out, this is an identical hearing, the only
thing that has changed is the tax map number and the dimensions of the overall parcel. The
dimensions of the property, this is a 27,748 square Ibot parcel. It would be divided into three lots,
were lot one is 9,200 square feet. lot two is 9,200 and lot tkree is 9,200 and some square feet. All of
the rest of it is essentially identical. ]'he commentary, the memos from the Planning Board. the notes
from the applicants are the same as what has already been read into the record.
SUPERVISOR HORTON: Thank you. Councilman Wickham. This hearing is open to the public.
COUNCILMAN RO1MANELLI: Are you going to incorporate comments from both, the comments
from the previous?
August 10, 2004 ~
Pubhc Hearing --McCarthy Waiver
SUPERVISOR HORTON: Yes, the comments from the last hearing will be incorporated into this
hearing.
COUNCILMAN WICKHAM: I have here a notice that the legal has appeared on the Town Clerk's
bulletin board outside, it has also appeared in the local newspapers. I have several different
communications from it, on it and this is one of two hearings that are quite similar. This is the first of
the two. The first is a correspondence from the applicants. "To Esteemed Members of the Board, In
response to 3'our inquiry for further information to substantiate my request for waiver, please consider
the following additional intbrmation (and that is dated July 20)...
TOWN ATTORNEY FINNEGAN: Tom. just so it is clear, these were correspondences to the
Planning Board and they are from the Planning Board records, so the)' should be made a part of this.
Of this record, as well.
COUNCILMAN WICKHAM: Okay This one was received on August 9t~'. This is a letter from
McCarthy Real Estate. Incorporated and it is addressed to the Southold Towu Planning Board, it ;vas
received on August 9th. "To the Esteemed Members of the Boar& (in regard to these two parcels of
which we are now having hearings) In response to 3'our inquiry for further inlbrmation to substantiate
my request tbr waiver, please consider the application with respect to being consistent to the stated
plamfing objectives of the Tmon. 1. Preservation of farmland and agriculture. Neither of these parcels
are actively farmed nor are they suitable tbr farming because of their size. 2. Preservation of open
space and recreational space. Neither of these parcels have been used historically tbr open space or
recreation, nor are the3 suited for it. 3. The preservation of the rural, cultural, commercial and historic
character of the hamlets and surrounding areas. It has been said that both of these parcels are steeped
in history and culture of the Church Lane hamlet. The Tox;n Board and the members of the
community at large made it abundantly clear that this neighborhood xvas xxorth of saving and investing
in. My proposal tbr multiple lots on these two parcels will serve to re-populate this neighborhood,
create affordably housing opportunities for local residents, and to stimulate investment in other
undeveloped and underdeveloped lots in the neighborhood. 4. The preservation of the natural
enviro~m~ent. This ;vaiver will not effect any undisturbed lands and is in an area that has been
specifically designated for housing. Please advise if I can offer any more intbrmation to support your
decision." I have another letter, also from McCarthy Management, wfuch is somexvhat longer, it has
the same date as the last one, it also is referenced the same two properties. "In response to your
inquiD' tbr further intbrmation to substantiate my request for waiver, please consider the tbllowing
additional ioformation. I have been involved in this property since 1996 and have owned it since 1998
(this is Mr. McCarthy) imf. Stepnoski (who is the owner of the property in the current hearing) has
owned his property since 2000. The sole reasou for our purchase of this property was to develop it
under its light industrial zoning class. In this regard, I have acted in good faith and made the
appropriate applications and in my opinion been erroneously denied my rights on this piece of property
from the Building Department, the Zoning Board of Appeals and the Town Board. Through this
lengthy multi-year process I have paid lees, revised surveys and site plans: been to countless meetings
both iuside Town Hall and in various other venues to reach an accord not as to how I wish to develop
my property but on what others in the community thing is best for my propert). _ks you are well
aware, your Board (and this is addressed to the Southold Town Planning Board) had an intelligent
dialogue and debate ~ithin your own group as well as with MR. Stepnoski and myself, regarding a
change of zone. There were feelings from some of your members that this area should not be changed
August 10, 2004
Public Hearing---McCarthy Waiver
3
from Light Industrial to R-40. Despite those feelings. 3,our Board offered a written opinion to the
Town Board that they interpreted to endorse the change in zone. As a partially responsible party for
the outcome of the ultimate use of our land, we are seeking 3'our assistance. This land has been
invohmtarily converted fi'om a business use to a residential one. Your Board x~as also well a~tre that
through this change of zone that none of affected properties complied with zoning in many respects not
the least of which is lot area. Our application seeks to create lots of similar size to those that are
already in existence. This involnntary conversion after applications, hearings, meetings both public
and private, a moratorium in the Church Lane area, the change of zone. two pieces of yet pending
litigation and a current moratorium on subdivisions have created an extreme financial hardship as well
as practical difficulty for myself, my contract vendee Mr. Gene Chituk and Angelo Stepnoski. These
local business owners who live and employ residents of our Town, need a place to locate their
business. AS prices of real estate skyrocket, and there is a extremely limited supply of Light Industrial
property available, we are all in limbo. We are caught up in what should have been someone else's
fight, namely Southold ToVtql. We all made our bargains relying on Southold Town zoning and what
our rights are within the code. These rights have been drastically altered. We are trying as good
members of the community to move forward a proposal that is in the best interest of all involved. This
proposal will allow us to rebuild an apparently important neighborhood that has been in a state of
decline and by doing so, tree up the capital that will be necessary part of acquiring suitably zoned land
in which to locate these businesses. Without a timely x~aiver, our present opportunity to acquile this
land will expire, and ~e will be left with no prospects tYr other locations. Your assistance in granting
an exemption from the moratorium will demonstrate your continued commitment to the people of
Southold Town. Sincerely. Mr. McCarthy." I also have letters from the Planning Board. a memo that
was received on August 9 and it does address the question that was raised at the beginning of this
meeting as to exactly x~hat is being proposed. I ~vould like to summarize the lhct aspect of it first.
This is a memo to Elizabeth Neville, Town Clerk from Jefilyn Woodhouse. the Chair of the Planning
Board, This has to do with the Angelo Stepnoski proposal. The proposed action involves subdividing
a piece of property of approximately 30,000 square feet into three lots of just under 10.000 square feet
each. They would all be for single-family residential development. The petitioner states the following
reason for the waiver: (and it is sort of a summa/y of the letters I just read) I. In a June 23, 2004 letter
to the l'own Board. 'demonstrates extreme financial hardship' 2. In a July 20th letter to the Planning
Board, in response to preservation of farmlands, 'neither of the parcels are suitable tbr thrming', In
response to presen'ation of open space and recreational space 'neither parcel is suitable for open space
or recreation', In response to preservation tbr rural, cultural, commercial, etc 'the proposal for muluple
lots will serve to repopulate this neighborhood, create aftbrdable housing and stimulate investment' In
response to preservation of the natural environment 'will not affect any undisturbed lands and this is an
area speciall3 designed for housing'. In another letter dated Jul)' 20 to the Planning Board, 'this land
has been involuntarily converted from a business use to a residential one and this involuntary
conversion, a moratorium on Church Lane. the change of zone, txvo pieces of yet pending litigation and
a current moratorium on subdivisions have all created an extreme financial hardship as well as a
practical difficulty.' There follows commentary from the Planning Board on land use and it is rather
lengthy and I will just summarize the last part of it. 'All residential lots in the surrounding
neighborhood are currently non-conforming. Based upon such. the proposed action would not
significantly deviate from the general land use or lot sizes in the area. The subject parcels are zoned R-
40. x~hi,zh requires a minimum size of 40,000 square feet per lot. The proposed lots do not contbrm to
the minimum lot size within the zoning district and would require a determination from the Zoning
Board prior to any Planning Board approvals. Regarding transportation infrastructure-The frontage of
August 10, 2004
Public Hearing--McCarthy Waiver
4
the lots is proposed on the private 28 foot wide right-of-way. Access is proposed over the existing
right-of-way. Proposed lots are expected to be covenanted to prohibit any new curb-cuts or direct
access to and from County Route 48. Note, that the cumulative total of the proposed lots to be served
by the right of way would require that the right-of-way be xvidened to 50 feet with a 24 foot road
surface. Transportation impacts will be assessed pursuant to the State Enviromnental Quality Review
Act section article 8, Part 617 and section Al06 of the Town of Southold town code. The Planning
Board has not reviewed the dimensions of the current right of way and it may be subject to change
upon the processing of the application. Regarding natural resources: The parcel is improved ~x'ith a
dilapidated structure and is wooded. No wetlands or slopes greater than 15% occur on site. On water
supply: The applicant has stated that water supply ',~ill be accomplished via an extension of an existing
public xxater main. Sanitary. disposal within the subdivision will be managed by on-site underground
sewage leeching systems, l'he proposed action is not expected to significantly impact the To~xxt of
Southold's water supply system, lfowever, water usage will be assessed pursuant to SEQIL4,. Rural
character: The proposed action is located to the capped landfill. Improvements are expected to be
screened from Route 48 and the existing homes to the extent practical using existing vegetation.
Agricultural lands: The proposed action will not adversely impact agricultural lands. Open space and
recreation space: Due to the size and location of the property, the value of open space to the
community is low. In addition, due to the private ownership of the property, the potential tbr
recreational use is also low. Based upon the above assessment, the proposal is not expected to cause
significant, adverse impacts to water supply, agricultural lands, open space and recreational space,
rural character, natural resources and transportation infrastructure. Hox~ever, pursuant to local law #3
of 2002 et al.. section 6, item A, (which is the moratorium lax,,') "The application must comply with all
other applicable provisions of the Southold To~x-n Code" to qualit? for a ~x~iver from the above
referenced law. ]-he applicant proposes non-conforming lots in the R-40 zoning district. Therefore. a
detemfination from the Southold Zoning Board of Appeals ~xould be required~ Based upon this, the
Planning Board recommends that the Town Board deny the waiver request petition." And I believe
that is all the substantive memoranda that we have regarding this particular application.
SUPERVISOR HORTON: ]Thank you, Councilman Wicldaam. We offer the floor to the public to
speak to this public hearing. Mr. McCarthy.
TOM MCCARTHY: Good evening. I am Tom McCarthy, Southold. I just wanted to touch on a
couple of points that the Planning Board memorandum that came across, I haven't had a chance to read
it but was at a meeting with the Planning Board last night until quite late, speaking about the issues at
hand. [~rom what I understand the reason why they are recommending a denial is a technical issue,
within the language of the moratorium. And the language of the moratorium says that any proposal
has to comply xxith zoning. Just as the Town, when you rezoned the property to R-40, the lots did not
comply with zoning. Just as 5'our proposal did not comply, neither does mine. But the rest of the input
that the Planning Board had given, I believe, x~as all positive and in favor of the application. I just
want to say, for my interpretation of Mr. Wickham's conunents, that it was purely the teclmical aspect
of the lot size that is the reason for their not recommending the xxaiver to your Board. As I am
speaking this is. I believe we are in the public hearing for Mr Stepnoski and my comments will go tbr
his public hearing as well as my own, xve are in the area of Church Lane and xxe are calling it a hamlet,
although I don't want this evening to get into all of the technical issues of the lots because I believe
that is more properly addressed during the Zoning Board hearing. There will be other time tbr public
comment and public input regarding access, regarding lot sizes and so forth and so on. Mr. Stepnoski
August 10, 2004 5
Public Hearing--McCarthy Waiver
and myself have met with some of the residents of Church Lane to discuss our proposal and I believe
that we had a very good meeting and it was a dialogue and we talked about their concerns and they
listened to our concerns, We have talked about the process and how things will go along down the
line. What we are asking tbr from the Town Board, really is/bt the ability to go to the Zoning Board
to start that process. By granting tls the waiver this evening, you are giving us the ability to step up to
the plate. You are not granting an approval of our application. And what we want to do is we would
like to go forward and speak with the Zoning Board and get their feeling and input based on ~xhat they
/'eel the merits of our case is. After we go through the Zoning Board. we still have to deal with the
Planning Board_ After thc Planning Board, x~e still have to deal with the Health Department. With the
Health Department, I am sure we are going to have to deal with the Department of Transportation.
And Ihere is multiple steps after this evening, if you allow tls to proceed, that we still have to go
through. There is money that has to be spent, applications that haYe to be made and other steps and
processes that will be involved. We understand that none of this is a guaranteed yes for us but it
allows us to proceed and at least make our case to each appropriate agency. And once, if we are
successful, speaking with those agencies, there is still a tremendous mnount of risk involved for both
Mr. Slepnoski and myselt: We need to be able to find financing to be able to build some houses on
these lots and we need to be able to find buyers that are willing to live and contribute to the
neighborhood and to be good neighbors to the rest of the folks that live there. So, even after we get all
of our approvals, we still have an uphill battle in order to achieve our goals of working with this piece
of land that has been im,oluntarily converted, that we are not proposing to use for what our original
intentions were and we are trying to make lemonade out of some of the lemons that have been tossed
to tls and we are trying to do that in the spirit of cooperation with the community, with the Town. with
everyone involved. 'Fo that end. we are not, at least at this point, we are not seeking any government
intervcntion for grants, we are not looking to call and label this at'tbrdable housing and put a moniker
on it of affordable housing. We feel that these houses, because of their location and because of the
modest size, x~ill be aflbrdable by nature, okay? And we don't need to get involved in any other
gnvernment programs bat we do need the help of our government to allow us to move forward. Some
of the concerns of the citizens down there, was the fact that we do a credible job in what it is that we
are looking to do there. And I assured the members of the community, that if we are successful, that
we do not plan on going and creating tract housing or six houses that are all the same. We would be
creating something that would create value for the individual new homeowners and would also create
Yalue for the residents of Church Lane. We would put up houses of Yarying styles, varlet5 of colors,
front porches, back decks, and actually to create and build a neighborhood. We are not going to have a
tractor miller load. or ten tractor trailer loads of modular houses that are all the same. come down the
road, drop them in the Church Lane conn'nunity and leave. We understand that there has been a lot of
discourse and a lot of discomfort over thc period of time but we take the responsibility of having the
ability to develop these lots in this neighborhood, take it vms' seriously. And when I go by there, when
this is all said and done. I x~ould like to be able to hold my head up high in the community and say,
you knox~ something? Through the process, perhaps the process worked. We built a neighborhood,
we did something good, it created value tbr others in the neighborhood and it is a place that people are
proud to call home. And that is one of the main goals that we are looking to accomplish here. is to
create real Yalue and to create a sense of neighborhood and to rebuild the Church Lane hamlet. I think
that we have heard from the members of the community. In the other meetings that we have had here,
there was a resounding cry, not light industrial, we don't want that in our neighborhood, we don't want
that in our backyard, we want residential. There was even an olive branch offered by some of the
groups previously, even to say. well maybe we will take residential office. And there was an olive
August 10, 2004
Public Hearing--McCarthy Waiver
6
branch offered, saying well. maybe not light industrial, maybe residential office. We xvound up with
residential and we are nTing to build it out accordingly. As far as the size of the lots that we will get
into with the Zoning Board, ! just v, ant to call to the attention of the Board, as Church Lane has been
called a hamlet and someone put the moniker hamlet on the Church Lane area and so be it. The other
hamlets of the toum also have a little bit more dense housing than the rest of the outlying areas of the
town. if you look, there are similar size lots in New Suffolk, Orchard Street, King Street, Main Streel
between First. Second, Third and Fourth. They are all similar and smaller size lots than sshat we are
looking to create here. If you look in Southold at Laughing Waters, similar and smaller. If you look
just off Sunnyside Road on Hortons Lane, similar and smaller. Captain Kidd in Martituck. similar and
smaller. Fishermans Beach in Cntchogue. similar and smaller. So what we are proposing, we see
throughout the town and perhaps there are members of the commmfity tonight that even live on one of
those lots that are approximately one quarter acre in size .lust to get back to one of your hurdles, is the
hardship case. I thank Tom /hr reading the letters that I had put together betbre because it sights a
little more soccinctly than what I can do this evening about some of the struggles that we have been
through with the Building Department. the Zoning Board, your Town Board moratorium, the change of
zone, applying to the Zoning Board and everything else we have been through, we feel that we have a
tremendous amount of financial hardship and we are trying to come together with the community to tO'
to solxe our needs and their needs at the same time and I feel that these two applications, do.just that.
And aside fi'om that. 1 am happy to answer any questions anyone has but that is it in a nutshell and l
am sure that we can get into further details if we are allowed to have the opportunity to proceed to the
Zoning Board and to state our case. But 1 know that the community ~vishes to have continued
im'olvcment in hoxs this progresses and we have spoken with them and we xvill stay in touch wilh the
community as to ho',,, things go and we will involve them in she type of things that we are creating and
give them somewhat of a sa5' in how things look but I think that they will be very happy with the
outcome and they will sa)', you know. we are glad that this happened. That is all I have. Thank you.
SUPERVISOR HORFON: Thank you, Mr. McCarthy. Reverend Fnllbrd.
REVEREND CORNELIUS FULFORD: I am Reverend Cornelius Fulford, I am the pastor of the First
Baptist Church in Cutchogue. And we have sen'ice there at Church Lane. On the behalf of Tom and
the rest of them, I am here just to speak on some of the issues and things that we talked about at our
church. Att:er I heard about what was going on, that you wanted to put houses up there at Church
Lane, then 1 had a meeting with my congregation. I wanted to know how my congregation feel about
putting houses up there and sse had a great meeting, and so some of them they felt that it is a great idea
to have houses up there. You open up ways for people to live and have a home and peoples that don't
have places to live now, they can maybe purchase one of the houses that are up there, which is a great
idea. You had light industrial and so we worked with the Board, Josh and all of them and so they put it
back to residential, s~,hich is great becanse you are looking for the community and people that live
there and also those that have houses there for a long time, they were already living there. I think it is
a great thing, [ think, that you have done for them. And I am speaking just on the behalf of just a
meeting that I had with my congregation. I know that Church Lane have a committee and the
committee that Church Lane has, has always looked at the right thing to do for the conununity and also
the people that are around there and the committee is doing a great job. 1 am quite snre that the
committee that you are going to have would look into the amount of houses, the size of tbem and
whatever and I am quite sure that the3' will work with Tom when it comes to their input as txell as the
houses going on. I am only here to let you know that anytime a community is open up a way that
August 10, 2004 7
Public Hearing--McCarthy Waiver
people can live. we think it is a great thing that you arc doing. The thing of it is. I hope and pray to
god that this don't be the only place that you would look into and open up ways that people can stay in
their community, they don't have to move because the cost of living is so high here. I hope that this
,just don't be just one area. Now, my hope is. that we talked about it. the people in church along with
my minister and the board and staff, that if you put houses there, you put houses there that people
hopeliflly can afford. That you can clean up the community, that you won't have no (inaudible) but the
whole comnmnity will be nice. but at the same time, you are conmfitted that on Church Lane, I know
the5' are concerned aboat how many is there and the size of it. 1 am quite sure that (inaudible) peoples
already live there. I am quite sure that this Board here, Josh and the Board here and also the Church
Lane committee, I am quite sure that you are going to do your homex~ork, that you all are going to do,
examine and search out what is around your community, what is best for your community. But as for
this council here and along with some members of the church, anytime that you once again. (inaudible)
that people live. it is a great idea and it is good for the community. ]'he thing of it is. it is a lot that has
got to be worked into this situation. And along with this Board and the committee. I know you got to
get together and you got to work out a lot of things to see what is going there and how it is going be
when it comes to the progress and how you are going to do it. But I just want to let you know that
whatever we could do, as a church leader and whatever members can do, those that don't live around
there and also members of the church, we are willing to help out whatever we can. But once again, if
you do that and you put them there, depending on how large the lots is, how many can you put there.
It depends on some situations that you have got to look into, but once again, if you do, then it will open
up houses and homes tbr peoples that don't have. And so I hope and pray to god that we do the right
thing. And most of all. al~ays say this, do things that god is pleased with as well as our sisters and
brothers. God bless you.
SUPERVISOR HORTON: ]'hank you. Reverend. Would anybody else care to address the Board?
Ms. ScN-oeder.
GWYNN SCHROEDER: Hi I just have a question. This really speaks to a bigger picture about
when you have 10,000 square toot lots, the Health Department is not going to approve lots of that size
without the Town having a plan to deal with sewage. Am I correct?
SUPERVISOR HORTON: Partially. If this were to proceed, Mr. Stepnoski and Mr. McCarthy would
have to go before the Health Department and deal with Health Department regulations and they would
obviously have to go with a board of appeals and work with the Health Department to achieve
approval through the Health Department.
MS. SCttROEDER: Yes. And when he talked about uphill battles, I am sure that is going to be one of
the steepest. I think it is just, the Town has made a decision that this is going to remain a residential
neighborhood, so I think that may be an appropriate use for that property. But it speaks to the Town's
lack of a bigger vision, bow are you going to get density m certain areas without a plan and how to
deal with sewage? And that is because it all comes down to sewage. We have water in that area and
the two things we need for density are sewers and water. And this just underscores the Toxvn's need to
address those issues, openly and with input t¥om everyone. Thanks.
SUPERVISOR HORTON: Thank you. Are there other comments from the floor in regard to this
public hearing? Ms. Norden.
August 10_ 2004 8
Public Hearing--McCarthy Waiver
MELANIE NORDEN: Melanie Norden, Grcenport, I think a lot of the points that Mr. McCarthy
makes are really solid ones and apart from the proposal itselfi I would like you to consider the
tbllowing: Mr. McCarthy and Ix,Ir. Stepnoski have paid a lot of fees. I would say waive them, past and
present. This really was. in all honesty, no thult of their own, in terms of rezoning and if in fact. there
were something that we could do to make this a little bit more comfortable in terms of building permits
and fees and all of that. I think that is something that the Toxin could actually manage to do. 3['hat is
only one small, tiny fraction of a cost. I am sure but it is something to consider and it probably would
be a fair. at least a [hir gesture on the Town's part. My concern is the concern that I think a lot of
people would have in temps of zoning precedents. We do have zoning and we have a lot of
neighborhoods that have smaller lots, historically and it would be problematic, maybe, to start setting
precedents of really cutting np the one acre zoning into tkree or lbur lots. I don't know if Mr.
McCarthy has considered the possibility of rezoning this into an affordable honsing district. I know
that he mentioned that he wasn't thinking about government rnonies but it would create a definition for
the district and without addressing the issue of why. in one particular area, we are down-zoning to such
a degree'? It sets~ my concern is the down-znning precedence. And what would happen in the future if
solnebody else comes forward and says. I have had hardship, also, for whatever constellation of
reasons, I now want four lots to the acre. Now. if we in fact made this affordable housing district, it
wonldn't mean that it would have a moniker, and I don't think, I think it would actually make it more
possible to glean all sorts of monies from count3' and state monies, if they were advisable, if they were
available and if they were requested but it would also mean that ~e had defined the problem of again,
spot zoning or zoning ['or whatever even justifiable reasons. Sn, he mentioned many other
neighborhoods in the Town where the zoning is less than one acre and I just think that we are running
into a bit ora sticky x~icket, ifx~e start making real exceptions to the zoning without considering those
implications. So, I would like the Board to maybe discuss the possibility of whether this could become
an affordable housing district and whether that would be something that wnuld be acceptable to the
applicants and it seems that might be one way of solving the problem. But 1 really would urge you to
waive all fees on this application, prior and going fonvard. Because I really think that this is a step in
the right direction and if people in Church Lane would like to see the re-building of this cmnmunity, it
is a potentially a very solid solution to what x,,as a very large conmmnity problem,
SUPERVISOR HORTON: Thank you, Ms. Norden Yes, Mrs. Taylor.
BARBARA TAYLOR: Good evening. Barbara Taylor, Cutchogue. The Church Lane hamlet group
has formed an opinion and our opinion is. as per our decision on the xvaiver at this time, we would like
to remain neutral. We would like /hr the Town Board to make a decision based on 3'our ox~n
guidelines. And should you grant the waiver, the community feels strongly that we t~ould like to
participate in future plans lbr the neighborhood. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Taylor. Are there other comments fl-om the tloor
regarding this public hearing': Mr. Simon.
MR. SIMON: Although I am associated, at least loosely with the Church Lane community, I have
comments which are to some degree independent, not inconsistent with. but independent of Mrs.
Taylor's report. First ()fall, some clarification...
August 10, 2004 9
Public Hearing--McCarthy Waiver
SUPERVISOR HORTON: I don't mean to interrupt, could we get your name and address?
MR. SIMON: Michael Simon. Ne',,,' Suffolk. Sorry. Clarification, I think if people realize, maybe the
Board doesn't need to be reminded of this. this is not a matter of rezoning. When a house is built.
when a non-confornfing house is built or modified, that does not involve rezoning. Aftbrdable housing
designation, AHD, that is rezoning, that is a big deal and it is a way of postponing any kind of building
~br quite some time, as we know. Secondly, very often, people can come to the right answer for some
vet3' bizarre reasons. One of the features, one of the admirable features of our American business is it
does involve taking risks and businesspeople sometimes realize significant rewards because they have
exposed themselves to the downside of possible risk. We are not in the habit of compensating people
tbr the cost of fisk taking. Such as by compensating people tbr the expenses they put into something,
When a builder talks about, when we all talk about our unalienable rights, Declaration of Independence
says the right to life, liberty and the pursuit of happiness. It does not say the right to life. liberty and
makirtg as much money as possible t¥om ones property, independent of government legislation. When
someone purchases a piece of land, and government for reasons, changes, such as designating
something as wetlands, that does involve a disappointment of the expectations of the people who might
previously purchased the land. So that isn't the issue. The issue is what do we do nox~, given that the
Town Board has established zoning in this area'? Now, people sometimes talk about their rights.
presumably they are talking about their moral rights and it is their own conception about moral fights
and they don't have much role in terms of policy because people have difl'erent ideas about what their
moral rights are. Civil rights are ~noral rights and they are sometimes in collision with what some
people think of as their property fights. So we are not talking about moral rights, we are perhaps
talking about legal rights, and the law is pretty clear on this on what kinds ot' lawsuits you can win and
what kinds of lawsuits you catmot win. So the issue comes down to, in this case, is a matter of policy.
And the good thing about policy is it is frbnYard looking, not backward looking. And the policies
t~ould have to do with what is in the best interest of everyone concerned and people have different
interests. The residents of Church Lane, who want qaiet enjoyment of their property and they do want
residential housing, the needs of the Town, which is interested in alloxving, under controls, additional
housing in the Toxin. The need or the desire for builders, entrepreneurs, to be able to realize
something in their investment. I think a very good case could be made for allowing subdivision of that
property, to houses that are within conformity with other houses on that lot. Whether that means tbur
houses or six houses on that lot. may be up to the relevant Boards, the Zoning Board of Appeals. the
Department of Health. The idea of having the houses built according to the legal rights that now can
be built, namely these lots are approaching 3/i of an acre, it would be possible lbr Mr. McCarthy to
build a house thal was much, much bigger than an2,' of the houses that were there. He has the right to
do this and similarly with Mr. Stepnoski. Whether that is in the interest of the community or whether
it is in the interests of the residents of Southold is another question. So, we want to look at what makes
some kind of sense'? Sometimes we have to tbrget about whether we like or don't like the reasons that
people have for doing xvhat they do. The Town needs and wants, the l'o~n Board wants that land to be
developed in a consistent way. One thrther point, and answers some other comments about rendering
these lots consistent with their surroundings. As many people know. that when you are modifying
3'our own house and you have to conform to the statutory setbacks, the rule is that it must be consistent
with the neighborhood. That is, you don't have to, if you live in a neighborhood, for example, where
the setbacks only are about 30 feet and the code says 50 t'eet, they don't want to require people to make
their houses different. There is plenty of legal precedent right in the code for encouraging, certainly
allox~ing houses to be built that are consistent with the neighborhood and it now exists. So. the matter
August 10, 2004 10
Public Hearing--McCarthy Waiver
of details is going to have to be worked out whence Mr. McCarthy and Mr. Stepnoski are allowed to
move forward if the Board decides to do so but the principle is that under proper input fi-om all people
concerned and attention to the values that many people pay lip service to. one hopes it becomes more
than that, it sounds to me, frankly, as a person, not as a representative of this community, a very good
idea to give this a shot. To allow, to see what would happen with this, and just let them go forward.
Just one more analogy, when someone wants to run lbr public office and one hasn't gotten ones name
on the ballot because of deadlines or whatever kind of statutory rules there may be, a person may
petition to get ones nmne on the ballot. And many people may sign that petition, because to get your
name on the ballot does not mean or to sign a petition, does not mean voting for that person in the
election. So. allowing a person to meet with the relevant Boards, to present the papers, present the
applications, does not necessarily mean endorsing one particular plan versus another particular plan. It
just simply means gMng a person a shot to get into the legitimate actMty of applying and letting the
chips fall where they ~nay. l'hank you.
SUPERVISOR HORTON: Thank you, Dr. Simon. Are there other comments from the floor on this
public hearing? Nit. Nickles.
JOHN NICKLES, JR.: John Nic'kles, Jr. Southold. I also represent the Southold Business Alliance.
Without going into the history of this rezoning, which everyone knows, I would kind of like to stay on
the positive point of what this application will do. ]'he current zoning, which is R-40, one acre zoning,
for whatever reason the To,aTt decided that was the appropriate zoning, I guess there is nothing less
than one acre zoning in Southold Town right now, but the development pattern in the Church Lane
community is much, much less than one acre zoning and I think that this gentleman's comments hit it
right on the head when it comes to consistency in the community and consistency in the code when it
comes to certain policies that the Town uses for setbacks and with house size and property size. Even
the Soathold Town Board of Trustees, they have been operating on a policy of setbacks Ii'om wetlands
that is nmch, much less than what they have va-itten that they could restrict it to. So, I think that this is
a good opportunity tbr the Iown to reinforce its decision that it wanted residential development and
residential community in the Church Lane area and I think that it would be an unbiased thing to just let
these applications escape the moratorium and let the chips fall where they may. They are going to take
the rest of the risks from there. I don't think it is an endorsement from the Board that thc particular
applications they make in the future, that that is what the Board wants other than it is a residential
application and that the Town is trying to reinlbrce its decision as a residential community for Church
Lane. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Nickles. Are there other comments from the floor? Yes.
sir.
FRANK WILLS: Frank Wills, Mattituck. I happen to live next to Captain Kidd development and I
was appreciative of the comments that Mr. NlcCarthy made, except of course, Captain Kidd was
started I think in 1952, at which point, there were no zoning regulatkms. I don't believe there were
zoning regulations anywheres on Long Island and zoning regulations and rules came into effect
because we wanted to limit the overdevelopment even then. So, in reference to Captain Kidd and all of
the others that he mentioned, that were mentioned. We have changed. We do have zoning for good
reasons. So let's not go back. Thank you.
August 10. 2004
Public Hearing--McCarthy Waiver
SUPERVISOR HORTON: Thank you.
hearing? Yes, Mrs. Egan.
11
Are there other comments from the floor on this public
JOAN EGAN: .loan Egan. East Marion. Just a quick conn-nent, I hear the word aftbrdable housing
thrown io here. This has nothing to do with your affordable housing, correct?
SUPERVISOR HORTON: That is correct.
MS. [!GAN: Great.
SUPERVISOR HORTON: Or at'tbrdable housing tbr any government guideline whatsoever.
MS. EGAN: Yeah. Now, [ am also concerned if there are these many multiple housing about the
schools, that these young people hopefully will buy and have children and go to school to and ! don't
know whether we can encompass all of them I am very iffy on the whole thing. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Eg~m. Are there other comments? (No response) We
will ch)se this hearing. And xve can close this hearing if there are no further comments. (No response).
Southold Town Clerk
ELIZABETH A. NE¥ILLE
TOWN CLERK
REGISTRAAR OF VITAL STATISTICS
~iARRL~GE OFFICER
RECORDS I~LkNAGEMENT OFFICER
FREEDOM OF INFORr, L~TION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
F~x 1631, 765-6145
Telephone ~63D 765-1800
southoldtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 644 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 24, 2004:
WHEREAS an application has been made by Thomas J. McCarthy for a waiver fronl the
provisions of Local Law//3 of 2002 (and extensions thereof) entitled "Temporary Moratorium
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 Town of Southold" pursuant to Section 6 "Appeal Procedures", to peimit the
Planning Board to consider an application for a minor subdivision for the parcel of property
known as SCTM# 1000-96-01-11.1; and
WHEREAS the application involves the subdivision ora 27,748.4I sq fi parcel into 3 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing on August 10,
2004, and considered all pertinent documents; and
WHEREAS the Town Board received an updated proposal from the applicant dated August 20,
2004 and presented by the applicant at a work session of this Board on today's date, which
indicates that only two of the proposed lots will be built with homes, and the third lot will be
made available for open space/parkland; and
WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal
Procedure) of Local Law #3-2002 and the extensions of said LocaI Law, and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to
vary or waive the application of any provision of this Local Law, in its legislative
discretion, upon its determination, that sRch variance or waiver is required to alleviate an
extraordinary hardship affecting a parcel of property. To grant such request, the Town
Board must find that a variance or waiver will not adversely affect the purpose of this
local lax,,', the health, safety or welfare of the Town of Southold or any comprehensive
planning being undertaken in the Town. The Town Board shall take into account the
existing land use in the inunediate 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 Tmvn Code.
WHEREAS the Town retained a "moratorium group" consisting of in-house and outside
planners and attorneys who developed a "Comprehensive Implementation Strategy" of the
Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently
being undertaken includes, but is not limited to, 80% preservation of open space throughout the
Town and a 60°,/0 reduction in density, 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
SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation
Strategy which is incorporated by reference into this decision); and
WHEREAS, planning work is actively proceeding during the moratorium, which was extended
July 27, 2004 for an additional 180 days. The issues facing the Toxvn of Southold and possible
solutions to those issues are complex. Legislative solutions have not yet been a~eed upon, and
the Town continues to face significant development pressure; and
WHEREAS in 2003, the Town Board engaged an independent planning consultant to perform a
study on the neighborhood in which this parcel is located and subsequently agreed with the
conclusions that the neighborhood should be restored to its residential status. Accordingly, the
Town Board rezoned this property from Light Industrial to Residential (R-40) in 2003; and
WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary
hardship, in that his property was in contract with a local businessman, Gene Chituk, who
claimed to be purchasing the property with the intention of constructing his business thereon,
prior to the rezoning to residential use. He is in need of a place to locate his business and the
options for such are limited. Mr. McCarthy has now proposed to develop the san~e residentially,
and fi'ce up the capital to purchase property to locate the business elsewhere in Town; and
WHEREAS the application seeks to develop residential housing in an already developed
neighborhood with public water and supports the Town Board's commitment to support a wide
range of housing opportunities; and
WHEREAS the Town Board recognizes that this waiver will allow the applicant to proceed with
the subdivision application, which will require the applicant to seek an area variance from the
Zoning Board of Appeals according to the procedures set forth in New York State Town Law
and the Southold Town Code; and
WHEREAS the Town Board finds that the application is not in contrast with the extensive
planning initiatives being undertaken by the Town, 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 the extensions thereof; 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 Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the nfinor subdivision
application is consistent with the existing land use in the surrounding area and has a minimal
impact on water supply, rural character, natural resources and transportation infi'astructure of the
Town; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the
public hearing on this matter, the comprehensive planning currently being undertaken by thc
Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the
extensions thereof, 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 for
waiver of the provisions of the moratorium is hereby approved.
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION
August 10, 2004
V- 618 LOST
WHEREAS an application has been made by Thomas J. McCarthy for a waiver from the
provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium
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 Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit the
Plamfing Board to consider an application for a minor subdivision for the parcel of property
known as SCTM# 1000-96-01-11.1; and
WHEREAS the application involves the subdivision of a 27,748.4l sq fi parcel into 3 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 the extensions of said Local Law, and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to
vary or waive the application of any provision of this Local Law, 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 affect the purpose of this
local law, the health, safety or welfare of the Town of Southold or any comprehensive
planning being undertaken in the Town. The Town Board shall take into account the
existing land use in the inmaediate vicinity of the property and the impact of the variance
or waiver on the water supply, agricultural lands, open and recreational space, rural
character, natural resources, and transportation infrastructure of the Town. The
application must comply with all other applicable provisions of the Southold Town Code.
WHEREAS the Town retained a "moratorium group" consisting of in-house and outside
planners and attorneys who developed a "Comprehensive Implementation Strategf' of the
Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently
being undertaken includes, but is not limited to, 80% preservation of open space throughout the
Town and a 6053 reduction in density, clear establishment of the Hamlet Centers, and a possible
Transfer of Development Rights component (a full description of the "action" is set fox'th in the
SEQ~4. Resolution dated January 7, 2003 for the Southold Comprehensive hnplementation
Strategy which is incorporated by reference into this decision); and
WHEREAS, planning work is actively proceeding during the moratorium, which was extended
July 27, 2004 for an additional 180 days. The issues facing the Town of Southold and possible
solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and
the Town continues to face significant development pressure; and
WHEREAS in 2003, the Toxvn Board engaged an independent planning consultant to perform a
study on the neighborhood in which this parcel is located and subsequently a~eed with the
conclusions that the neighborhood should be restored to its residential status. Accordingly, the
Town Board rezoned this property from Light Industrial to Residential (R-40) in 2003; and
WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary
hardship, in that his property was in contract with a local businessman, Gene Chituk, who
claimed to be purchasing the property with the intention of constructing his business thereon,
prior to the rezoning to residential use. He is in need ora place to locate his business and the
options for such are limited. Mr. McCarthy has now proposed to develop the same residentially,
and free up the capital to purchase property to locate the business elsewhere in Town; and
WHEREAS the application seeks to develop residential housing in an already developed
neighborhood with public water and supports the Town Board's commitment to support a wide
range of housing opportunities; and
WHEREAS the Town Board recognizes that this waiver will allow the applicant to proceed with
the subdivision application, which will require the applicant to seek an area variance from the
Zoning Board of Appeals according to the procedures set forth in New York State Town Law
and the Southold Town Code; and
WHEREAS the Town Board finds that the application is not in contrast with the extensive
planning initiatives being undertaken by the Town, 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 the extensions thereof; 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 Town of Southold: and
WHEREAS the Town Board of the Town of Southold finds that the minor subdivision
application is consistent with the existing land use in the surrounding area and has a minimal
impact on water supply, rural character, natural resources and transportation infrastructure of the
Town; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the
public heating on this matter, the comprehensive plmming currently being undertaken by the
Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the
extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to
the critetia; and
Be it RESOLVED by the Town Board of the Town of Southold that the application for
waiver of the provisions of the moratorium is hereby approved.
M,2,Z]~PTM'F I1~ IA,$EMEr~ ·
?hem~ J.
CCARTHY
Real Estate, Inc.
468120 Rocte 48, SouthoId, New York L 197 I
(6.31) 765-5815 !631) 755-581§
IECEIVED
,AUG
Southold 'l own Plarmmg Board
Route 25
Southold, NY 11971
July 20, 2004
RE: 1000-96-1-11.1
1000-96-1-12
Soo hold Town Cli, rk
AUG - 9
To the Esteemed Members of the Board:
In respoase to your inquiry for further infonnatio/~ to substantiate my request tbr
waiver, please consider my application with respect to being consistent to thc 5toted
plam~ing objectives of the ]'own.
]. Preservation et Farmland and agrleulture. N,:ithcr et' these parcel3 arc
actively farmed or axe the.~ suJmble for farming because ': f their size.
2. Preservetlon of Open Space and Recreational space Neither of these
parcels have been used historically .for opc,n space or recreation nor are they suited fc, r
3. The Preservation of the Rural, Cultural, Commercial and Historic
Character of the Hamlet~ and surrounding areas. It has been said that both old,ese
parcels are steol~d in history and culture of the Church Lane Hamle, ]'he Town Board
and the members of the communit)- at ]argo mode it abundantb/clear that this
neighborhood was worth), of saving and invesSn~ in. My proposal for multiple lots on
these two patois will set-vt: to re populate this neighborhood, create affordable housing
opportunkies for local residents, and to stimulate investmee, t in other undeveloped and
-nderdevc,loped lots in the n~ghborhood.
4. The lareservidon of the naeural environment. This waiver will not effect
any undisturbed lands and is in an ares tba~ ha~ been specifically dc,signatcd tint houslnE.
Please advise if] can offer anymore intbm~ation to support you' dec sion
Your One ,Stop Real Estate S~ .... .... ~ ~
Your as~ista~lce in ~antirtg an exernplion £rom the moratorium ',','ill demonstrate
.','our continued commitment to the people of $outhoid Tow'n,
you
d5,'~_.4. 2..-495 '23: .-- ~-.31 ?655816 r-I,¢%AF'THY MANI~,-~EMENT PA~.~z 82
CCARTHY
anagement, Inc.
Route 48, ~uthold, New York 1197 l
{8311 765-5815 1631l 766-§8L6 FAX
$outhold Town Planmng Bored
Route 25
Southold, NY 11971
July 20, 2004
RE: 1000-96.-1-11.1
1000-96-1-12
To the Est~,rncd Members of the Board:
RECEIVED
AUG 004
Southold Town Clerk
In response to yoUr inquiry for flirt, her information to substantiate my request tbr
weaver, please consider the following additional infom~ation.
I have been involv~l in this property since 1996 and have owned it since1998.
Mr. Stepnoski ha~ owned his property since 2000. The sole reason for our purchase of
ttfis property was to develop it under its Light Industrial Zoning classification. In this
regard, [ have acted in good faith and made the appropriate applications and in my
opinion been erroneously denied my rights on this piece of property from the Building
Department, the Zoning Board of ^ppeals and the Town l~oard. Through this lengthy
multi year pro~ss I have paid fee~, revised surveys and she plans been to countless
meeting both inside Town Hall and in various other ~enuea to reach an accord not as to
tlow I wish to develop my property but on what othea's i~a the community think is best lBr
my property.
As you are well aware, your Eloard had an intelligent dmlogue and debate vdthin
your own group as well as with Mr. Stepnoski and myself regarding a change of zone.
Faere were feelings from some of ~,~ur members that this area should not be changed
from Light Industrial to R-40. Despite those feelings, your Board offered a written
opinion to the Town Board that they interpreted to endorse the change in zone.
As a partially responsible peaty for the outcome of the ultimate use of our land,
we are seeking your assistance. This land has been involuntarily converted from a
business use to a residential one. Your Board was also well aware that through this
change of zone that none of effected properties compli~ with zoning in many respects
not the least of which is lot area, Our application seeks to create lots of stmdar size to
those that are already in exismnce.
This involuntary conversion after applications, hearings, meetings both public and
pri,,ate, a moratorium in the Church Lane area, the change of zone, two pieces of yet
ConstructOn Management * General Contracting * Custom Homea ~
pendin8 litigation, and a current moratorium on subdivisions have created an extreme
financial hardship as well as a practical difficulty for myself, my contraCt vendee Mr.
Gene Chituk, and Angelo St~pnoaki. Th~se local business owners who live and emplo),
residents of our Town need a p[acc to locate their busineas As prices of Ileal Estate
skyrocket, and there is an extremely limited supply of Light Industrial proper~y
available, we are all in limbo. We are caught up what should have been someone else'~
fight, namely Southold Town. We all made our bargains relying on Southold Town
Zoning and ahat are rights are within the Code. These rights have been drastically
altered.
We are a'ying aa good mernb~'s of the community to move forward a proposal
that is in the best interest of all involved. This proposal will allow us :o rebmld an
apparently Important neighborhood that has b~an m the state of decline and by doing so,
free up the capital ~at will be a necessary part of acqmring suitably zoned land in which
to locate these bueinesses. Without a timely waiver, our present opportunity to acquire
this land will expire, and we will be le~ with no prospects for other locations.
Your assistance in granting an exe~rnption from the moratorium will demonstra:e
your continued commih'nem to the people of Southold To,vn.
you
Sine,ely,
Thomas Y. McCarthy
cCARTHY
Real Estate, Inc.
01
IF A.X
,o.,. ?.¢o~/
Number of pages i~cludlng cover sheet~ ~
631-765-5815
631-765-5~f6
REMARKS: [] Urgent [-] For your review [] Reply ASAP [] Please Comment
Your One ~5top Real Estaie Shop
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RIC I-L&RD CAGGIANO
'~,'ILLL~VI J. CREMEBS
KENNETH L. EDWARDS
M.~dRTIN H. SIDOR
P O. Box 1179
Town Hall, 530S5 State Route 25
$outhold, New York 11071-0350
Telephone (631) 765-1938
Fax t631 ~ 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
ALl6 9 2004
To:
From:
Re:
$oulhold Town
Ms. Elizabeth Neville Town Clerk
Jerilyn B. Woodhouse~ ·
Petition request for a 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 Tom McCarthy at Cutchogue SCTM# 96-01-11.1.
Date: August 5, 2004
The proposed action involves subdividing a 27,748.41 sq. ft. parcel (SCTM#
1000-96-1-11.1 ) into 3 lots; where lot 1 equals 9249 sq. ft., lot 2 equals 9249 sq.
ft. and lot 3 equals 9249 sq. ft. for single family residential development.
The petitioner states the following reason for the waiver:
1. In a June 23, 2004 letter to the Town Board: "extreme financial
hardship".
2. In a July 20, 2004 letter to the Planning Board:
a. In response to Preservation of Farmland and Agriculture;
i. "neither of the parcels are suitable for farming"
b. In response to Preservation of Open Space and Recreational
Space;
i. "neither parcel is suitable for open space or recreation"
c. In response to The Preservation of the Rural Cultural
Commercial and Historic Character of the Hamlets;
"the proposal for multiple Iots...will serve to repopulate
this neighborhood, create affordable housing...and
stimulate investment"
d. In response to Preservation of the Natural Environment
i. "will not affect any undisturbed lands...and is in an area
specifically designated for housing".
3. In a July 20, 2004 letter to the Planning Board;
a. "This land has been involuntary converted from a business use
to a residential one".
b. "This involuntary conversion, a moratorium on Church Lane
area, the change of zone, two pieces of yet pending litigation
and a current moratorium on subdivisions have created an
extreme financial hardship as well as a practical difficulty..."
Land Use - The property is improved with a single family residence and is
wooded. To the east and west the dominant land use is residential. Residential
lots abutting the rear of the parcel range from 9,520 sq. ft. to 14,690 sq. ft.
Residential lots across the existing private right-of way range from 12,040 sq. ff.
to 1.52 acres (The Cutchogue Baptist Church parcel which is Z shaped and
includes the right-of-way area). The Town of Southold Landfill is located to the
north of the parcel and County Route 48 to the south. All residential lots in the
neighborhood are currently non-conforming. Based upon such, the proposed
action would not significantly deviate from the general area land use or lot sizes
in the area.
The subject parcels are zoned R-40 which requires a minimum size of 40,000
square feet per lot. The proposed lots do not conform to the minimum lot size
within the zoning district and would require a determination from the Zoning
Board of Appeals pdor to any Planning Board approvals
Transportation Infrastructure -The frontage of the lots is proposed on the
existing 28' wide, private right-of-way. Access is proposed over the existing
right-of-way. Proposed lots are expected to be covenanted to prohibit any new
curb-cuts or direct access to and from County Route 48. Note, that the
cumulative total of the number of lots proposed to be served by the dght of way
would require that the right-of-way be widened to 50' with a 24' road surface.
Transportation impacts will be assessed pursuant to the State Environmental
Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of
Southold Town Code.
Natural Resources - The parcel is currently improved. No wetlands or slopes
greater than 15 percent occur on site. No known archeological sites exist on site.
Natural Resources will be assessed pursuant to the State Environmental Quality
Review Act Section Article 8, Part 617.
Water Supply - The applicant has stated that water supply will be accomplished
via extension of an existing public water main. Sanitary disposal within the
proposed subdivision will be managed by on-site underground sewage leaching
systems. The proposed action is not expected to significant impact the Town of
Southold water supply system. However, water usage will be assessed pursuant
to the State Environmental Quality Review Act Section Article 8, Part 617.
Rural Character - The proposed action is located adjacent to the capped Town
of Southold landfill, and embedded within an existing residential area screened
by vegetation, therefore, the action is not expected to impact the rural character
of the Town of Southold. Any new improvements are expected to be screened
from County Route 48 and the existing homes by retaining existing vegetation.
Visual impacts will be assessed pursuant to the State Environmental Quality
Review Act Section Article 8, Part 617.
Agricultural Lands - The proposed action will not adversely impact agricultural
lands.
Open Space and Recreation Space - Due to the size and location of the
property, the value as open space to the community is Iow. Additionally, due to
the private ownership of the parcel the potential for recreational use is also Iow.
Based upon the above assessment, the proposal is not expected to cause
significant, adverse impacts to water supply, agricultural lands, open space and
recreational space, rural character, natural resources and transportation
,nfrastructure.
However, pursuant to Local Law Number 3 of 2002 et. al., Section 6, Item a.
line 10; "The application must comply with all other applicable provisions
of the Southold Town Code" to qualify for a waiver from the above
referenced law. The applicant proposes non-conforming lots in the R-40
zoning district. Therefore, a determination from the Southold Zoning Board
of Appeals is required.
Based upon such, 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.
#7047
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
22nd day of July ,2004.
Principal Clerk
Sworn to before me this
2004
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-VO6105050
Qualified in Sulfolk Counly
Commission Enplres February 28, 2008
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
the Town Board of the Town of
$outhold hereby sets 8:05 p.m.,
August 10, 2004 at Southold Town
Hall, 53095 Main Ruud, Southold,
New york, for a public hearing on the
application requ~tin a waiver from
the provisions of the ]~ocal Law gatt-
fled "Temporary Moratorium on the
Processing Review of, ~nd making
Decisions on the applications for
Ma]or and Minor Subdl~'ision~ and
Special Use PermitS and Site Plans
containin dwelling unit(s) in the
Town of gSouthold" and extensions
thereof, for the subdivision or
Thomas J. McCarthy for thc p~rcel
(The property is located on the west
side of Church [,mae in Cutchogue).
BOAItD OF THE TOWN OF
FOLK, STATE OF NEW YORK
7047-1T 7/22
ELIZABETH A. NEVILLE
TOWN CLE P.K
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-t1145
Telephone (631) 765-1800
southoldtown.north£ork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 21, 2004
Mr Thomas McCarthy
McCarthy Management Inc
46520 Route 48
Southold, NY 11971
Dear Mr. McCarthy:
Enclosed find a copy of the certified resolution and a copy of the legal notice setting the
public hearing for your application for a subdivision waiver for 640 Church Street LLC SCTM #
1000-96-1-11.1.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
ells
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby
sets 8:05 p.m. August l0T 2004 at Southold Town HalL 53095 Main Road~ Southold~
New York~ for a public hearing on the application requesting a waiver from the
provisions of the Local Law entitled "Temporary Moratorium on the Processing~
Review of~ and making Decisions on the applications for Maior and Minor
Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit(s} in
the Town of Southold' and extensions thereof~ for the subdivision of Thomas J.
McCarthy for the parcel identified as SCTM# 1000-96-01-11.I (The property is located
on the west side of Church Lane in Cutchogue).
Dated: July 13, 2004
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Toxvn Clerk
PLEASE PUBLISH ON JULY 22, 2004, AND FORWARD ONE.(I) AFFIDAVIT
OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the folloxving:
The Suffolk Times
Town Attorney
Planning Board
Zoning Board
Town Clerk's Bulletin Board
Town Board Members
Accounting
Building Dept
II
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETtl A. NEVILLE, Town Clerk of the Town of Southold. New York being
duly sworn, says that on the h l day of ~ ,2004, she affixed a
0.
notice of which the annexed printed notice is a true copy, m a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
PUBLIC HEARING: August 10, 2004, 8:05 PM
<~lizabeth P~. Ne~{lle -
Southold Town Clerk
Sworn before rr~ thih
al da), of ~1 · J/s.. ,2004,
rNotary Public
LYNDA M. BOHN
NOTARY PUBLiO, State
No. 01BO6020932
Ouefil'ied in Sulfolk Courdy
Term Expires M;
ELIZABETH A. NEVILLE
TOWN CLERK
REGIST~LKR. OF VITAL STATISTICS
IvL~,RRIAGE OFFICER
RECORDS M2kNAGEMENT OFFICER
FREEDOM OF INFOR~LkTION OFFICER
Town Hall, 53095 Main Road
P O. Box 1179
Southold, New York 11971
Fax 1631) 765-6145
Telephone ,631) 765-1800
southoldtown northfork.net
OFFICE OF TI-IE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 562 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 13, 2004:
RESOLVED, that the Town Board of the Town olSSouthold hereby sets 8:05 p.m, August l0T
2004 at Southold Town Hall 53095 Main Road~ Southold~ New York~ for a public hearing
on the application requesting a waiver from the provisions of the Local Law entitled
"Temporary Moratorium on the Processing~ Review of~ and making Decisions on the
applications for Maior and Minor Subdivisions~ and Special Use Permits and Site Plans
containin~ dwellint unit(s) in the Town of Southold" and extensions thereof~ for the
subdivision of Thomas J. McCarthy for the parcel identified as SCTM# 1000-96-01-11.1 (The
property is located on the west side of Church Lane in Cutchogue).
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOSVN CLERK
REGISTRAR OF VITAL STATISTICS
~L~RRIAGE OFFICER
RECORDS I~L~AGEMENT OFFICER
FREEDOM OF INFOI~L~.TION OFFICER
Town Hall, 53095 Main Road
P O. Box 1179
Southold, New York 11971
Fax ~631) 765-6145
Telephone (63D 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
Supervisor & Southold Toxvn Board Members
Town Attorney Patricia Finnegan
Town Planner Valerie Scopaz
From: Town Clerk Elizabeth Neville
Re: Request for waiver on Moratorium
Date: July 7, 2004
Transnfitted. please find request of 640 Church St. LLC, by Thomas J McCarthy, for a
waiver to the subdivision moratorium on property located at in the Church Lane area, off
County Rt 48, Cutchogue, SCTM# 1000-96-01-11. l. Please review and prepare a written
report of your recommendations and findings. Thank you.
RECEIVED
Southold Town Board
Route 25
Southold, NY 1197l
June 23, 2004
RE: 1000-96-1-11.1
1000-96-1-12
Fo the Esteemed Members of the Board:
dUN 2 g 004
I am writing this letter to request a waiver of Moratorium for subdivision for the
above referenced parcels. [ am a pnncipal in 640 Church St. LLC and an authorized agent
tbr Mr. Angelo Stepnoski.
It has been an extreme financial hardship for both Mr. Stepnoski and myself to be
in a state of dex'elopment limbo/bt the last several >,ears. As you are aware there have
been applications to the Zoning Board of Appeals tbr dimensional relier: issues with a
moratohum on permits and ultimately a change of zone to residential use.
After a grnundswell of public input, debate and tough decisions, it was decided
lbat this "Church Lane Hamlet" should remain in residential use. It is our intention to
create Hamlet appropriate lots that everyone desires and to be a leading force that restores
the historic development patterns and ensures the long telTn viability of this
neighborhood
Your exemption from the moratorium will demonstrate your continued
cmnmitment to the people of Southold Town.
Thank you
Construction Management · General Contracting · Custom Homes
TO
McCARTHY MANAGEMENT, ~C.
46520 Coun~ Road 48
SOUTHOLD, NEW YORK 11971
(631) 765-5815
FAX (631)~ 765-5816
-~,l ~,~._~- --~-~'
WE ARE SENDING YOU Attached FI Under separate cover via .
~J Shop drawings I Prints F i Plans
Ii Copy of letter L I Change order r ]
. the follow~ng ~tems:
Samples Specifications
THESE ARE TRANSMIITED as checked below:
For approval
For your use
As requested
For rewew and comment
q Approved as submitted
L2 Approved as noted
J Returned for corrections
Resubmit
Subm*t
Return
cop~es for d~stribubon
I I FOR BIDS DUE
REMARKS ~
PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
PRODUE T 24,3T
Town O[ Southold
P,O Box 1179
Southold, NY 1./971
* * * RECEIPT * * *
Date: 07/02/04
Transaction(s):
Moratorium Waiver
Receipt:
3483
Subtotal
$250.00
Check#: 3483
Total Paid: $250.00
Name:
Clerk ID:
640, Church St LLC
Cio Thomas Mccarthy
P O Box 1266
Southold, NY '/1971
LINDAC
Internal ID; 97420
iv', 571 ~