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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 ~