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HomeMy WebLinkAboutStepnoski, Angelo SOUTHOLD TO~'N BOARD PUBLIC HEARING August 10, 2004 8:00 P.M. HEARING ON THE WAIVER REQUEST FROM THE PROVISIONS OF THE LOCAL LAW ENTITLED "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 SUBDIVISION OF STEPNOSKI, SCTM #1000-96-01-12. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Jokn M. Romanelli Councilman Thomas P. Wickham Councilman Daniel C. Ross Councihnan William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:00 p.m., August 10, 2004 at Southold Town Hall, 53095 Main Road, Southold~ New Yorlq for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporar3.' Moratorium on the Processing~ Review of~ and making Decisions on thc 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 Angelo Stepnoski for the parcel identified as SCTM# 1000-96-01-12 (The property is located on the north side of County Rte 48 in Cutchogue). 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 COlmnunications from it. on it and this is one of two hearings that are quite similar. This is the first of the t~o. The first is a con-espondence from the applicants. "To Esteemed Members of the Board. In response to )'our inquiry for further information to substantiate my request for waiver, please consider the Ibllowing additional information (and that is dated Jul)' 20 }... FOWN ATTORNEY FINNEGAN: Tom, just so it is clear, these v, ere correspondences to thc Planning Board and they are from the Planning Board records, so they should be made a part of this. Of this record, as well. August 10, 2004 2 Public Hearing-Stepnoski waiver COUNCILMAN W1CKHAM: Okay. This one was received on August 9th. This is a letter from McCarthy Real Estate, Incorporated and it is addressed to the Southold Town Planning Board, it was received on August 9th. "To the Esteemed Members of the Board. (in regard to these two parcels of which we are no`,`, having hearings) In response to your inquiry for further infbrmation to substantiate my ri.quest tbr `,`,aiver. please consider the application with respect to being consistent to the stated planning objectives of the To`,~n. 1. Preservation of fam~land and agriculture. Neither of these parcels are actively farmed nor are they suitable for farming because of their size. 2. Presen,ation of open space and recreational space. Neither of these parcels have been used historically for open space or recreation, nor are they suited for it. 3. The preser~'ation 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 Town Board and the members of the cormnunity at large made it abundantly clear that this neighborhood was worth of saving and investing in. M'y proposal for multiple lots on these two parcels will serve to re-populate this neighborhood, create afrTordably housing opportunities for local residents, and to stimulate investment in other undeveloped and underdeveloped lots in the neighborhood. 4. The preservation of the natural environment. This waiver will not effect any undisturbed lands and is m an area that has been specifically designated for housing. Please advise if I can offer any more intbrmation to support 3'our decision." I have another letter, also t?om McCarthy Management, which is somewhat longer, it has the same date as the last one, it also is referenced the same two properties. "In response to your inquiry tbr further intbrmation to substantiate my request for waiYer, please consider the following additional information. I have been involved in this property since 1996 and have owned it since 1998 (this is Mr. McCarlhy) Mr. Stepnoski (who is the ouner of the property in the current hearing) has o,~ned his property since 2000. The sole reason for our purchase of this property was to deYelop it under ~ts light industrial zoning class. In this regard. I have acted in good faith and made the appropriate applications and in tny opinion been erroneously denied tn3' rights on this piece of property fi-om the Building Department, the Zoning Board of Appeals and the Town Board. Through this lengthy multi-year process I have paid fees, revised surveys and site plans: been to countless meetings both inside Town Hall and in various other venues to reach an accord not as to how I u, ish to develop my property but on what others in the community thing is best tbr my property. As you are well aware. 3'our Board land this is addressed to the Southold Tox~Tt Planning Board) had an intelligent dialogue and debate within your own group as x~ell as with MR. Stepnoski and myself, regarding a change of zone. ]'here were feelings from some of your members that this area should not be changed /'rom Light Industrial to R-40. Despite those feelings, your Board offered a written opinion to the Town Board that the5' 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 your assistance. This land has been involumarily converted from a business use to a residential one. Your Board was also `,~ell aware 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 alread5 in existence. This involuntary conversion after applications, hearings, meetings both public and private, a moratorium in the Church Lane area, the change of zone. two pieces of 3,et pending litigation and a current moratorium on subdivisions ha`,e created an extreme financial hardship as ',','ell as practical difficulty for myself, my contract vendee Mr. Gene Chituk and .~aigelo 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, namel3 Southold Town. We all made our bargains relying on Southold Town zoning and what August 10. 2004 3 Public Hearing-Stepnoski waiver 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. Fhis proposal will allow us to rebuild an apparently important neighborhood that has been in a state of decline and by doing so, tree np the capital that will be necessary part of acquiring suitably zoned land in which to locate these businesses. Without a timely waiver, our present opportunit3' to acquire this land ,,,,'ill expire, and we will be left with no prospects for 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 Plmming Board. a memo that was received on August 9 and it does address the question that was raised at tile beginning of this aleeting as to exactly v, hat is being proposed. I would like to summarize the lb_ct aspect of it first. This is a memo to Elizabeth Neville, Town Clerk from Jerilyn 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 sumanao' of the letters I just read) 1. In a June 23. 2004 letter to the To~-n 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 for farming', In response to presen'ation of open space and recreational space 'neither parcel is suitable tbr open space or recreation'. In response to preservation for rural, cultural, commercial, etc 'the proposal for multiple lots will sen,e to repopulate this neighborhood, create af/brdable housing and stimulate investment' In response to preservation of the natural environment 'will not affect any undisturbed lands and this is an area specially designed for hoasing'. In rmother letter dated Jul.;' 20tt to the Planning Board, 'this land has been involuntarily converted from a business ase to a residential one and this involuntary conversion, a moratorimn on Church kane. the change of zone. two 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 tbllows commentary from the Planning Board on land use and it is rather length3 and I will just summarize the last part of it. 'All residential lots in the surrounding neighborhood are currently non-conforming. Based upon such, tile proposed action would not significantly deviate from the general land use or lot sizes in the area. Yhe subject parcels are zoned R- 40. which requires a minimum size of 40,000 square feet per lot. The proposed lots do not conlbrrn 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 the lots is proposed on the private 28 foot wide right-of-xtay. 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 Count3, Route 48. Note, that the cumulative total of the proposed lots to be sen,ed by the right of' way would require that the right-of-way be widened to 50 feet with a 24 foot road surfhce. Transportation impacts will be assessed pursuant to the State Enxironmental Quality Review Act section article 8. Part 617 and section Al06 of the Town of Southold tox,~n code. The Planning Board has not reviett, ed 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 with 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 will be accomplished via an extension of an existing public t~ater main. Sanitary disposal within the subdivision ,,,,'ill be managed by on-site underground sewage ~eeching systems. The proposed action is not expected to significantly impact the Town of Southold's water supply system. However. water usage ;','ill be assessed pursuant to SEQKA. Rural character: The proposed action is located to the capped landfill. Improvements are expected to be August 10. 2004 4 Public Hearing-Stepnoski waiver 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 1o`,`,,. In addition, due to the private ovmership of the property, the potential for recreational use is also low. Based upon the above assessment, the proposal is not expected to cause significant, ad`,'erse impacts to water supply, agricultural lands, open space and recreational space, rural character, natural resources and transportation infrastructure. However, pursuant to local law #3 of 2002 et al., section 6, item A, Iwhich is the moratorium law) "The application must comply with all other applicable provisions of the Southold To`,vn Code" to qnalify i'br 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 would be required Based upon this~ tile 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 Wickham. We offer the floor to the public to speak to this public hearing. Mr. McCarthy TONI MCCARTHY: Good evening. I am Toin McCarthy, Southold. I jnst ,,','anted to touch on a couple of points that tile Planning Board memorandum that came across, l 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. From 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 x`,ith zoning. Just as the Town, `,~hen you rezoned the property to R-40, the lots did not comply `,`,ith zoning. Just as 3'our proposal did not comply, neither does mine. But the rest of the input that the Planning Board had given, I believe, was all positive and in favor of the application. I just want to say, for my interpretation of Mr. Wickham's comments, that it was purely the technical aspect of the lot size that is the reason tbr their not recommending the waiver 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 for his public hearing as well as my own. we are in the area of Church Lane and ~e 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 for public comment and public input regarding access, regarding lot sizes and so forth and so on Mr. Stepnoski 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 xvill go along down the line. What we are asking lbr from the To`,`,xt Board, really is for tile ability to go to the Zoning Board to start that process. By granting us the waiver this evening, you are giving us tile ability to step up to the platt:. You are not granting an approval of our application. And ~hat we want to do is we would like to go/brward and speak with the Zoning Board and get their feeling and input based on what they feel the merits of our case is. After we go through the Zoning Board, we still have to deal with the Planning Board, After the Phtnning Board, we still have to deal xvith the Health Department. With the Health Department, I am sure we are going to have to deal with the Department of Transportation And there is multiple steps after this evening, if you allow us to proceed, that we still have to go tln-ough. There is money that has to be spent, applications that have to be made and other steps and processes that will be involved. We understand that none of this is a guaranteed 3'es i-hr us but it allows us to proceed and at least make our case to each appropriate agency. And once, if xve are August 10. 2004 Public Hearing-Stepnoski waiver 5 successful, speaking with those agencies, there is still a tremendous amount of risk involved for both Mr. Stepnoski and myself. 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 atier 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 involuntarily converted, that we are not proposing to usc for what our original intentions were and we are trying to make lemonade out of some of the lemons that have been tossed to us and we are trying to do that in the spirit of cooperation `,vith the community, with the Town, with everyone involved. To that end, we are not, at least at this point, we are not seeking auy government intervention for grants, we are not looking to call and label this afl-brdable housing and put a moniker on it of affordable housing. We feel that these houses, because of their location and because of the ~nodest size. will be affordable by nature, okay? And we don't need to get involved in an)' other govenunent programs but we do need the help of our government to allow, us to move fonvard. Some of the concerns of the citizens down there, was the fact that `,ve do a credible job in what it is that x~e 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 homeo~"ners and would also create value For the residents of Church Lane. We would put up houses of varying styles, variety of colors, front porches, back decks, and actually to create and build a neighborhood. We are not going to have a tractor trailer load. or ten tractor trailer loads of modular houses that are all the same, come down the road. drop them in the Church Lane community and leave. We understand that there has been a lot of discourse and a lot of discomfotx over the period of time but we take the responsibility of having the ability to develop these lots in this neighborhood, take it very seriously. And when I go by there, when this is all said and done, I wonld like to be able to hold my head up high in the comnmnity and say, you know something'? Through the process, perhaps the process worked. We btfih a neighborhood, we did something good, it created value lbr others in the neighborhood and it is a place that people are proud to call home. And that is one of the maiu goals that we are looking to accomplish here, is to create real value 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 cD', not light industrial, we don't ,,`,'ant that in our neighborhood, we don't want that in our backyard, we *xant residential. There was even an olive branch offered by some of the gronps previously, even to say, ,,,,ell maybe we will take residential office. And there w~ts an olive branch offered, saying well. maybe not light industrial, maybe residential office. We x~ound up with residential and we are trying to build it out accordingly. As Iht as the size of the lots that v,e will get into with the Zoning Board. I just wanl 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 town 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 Street between First. Second, Third and Fourth. They are all similar and smaller size lots than what we are looking to create here. If yott look in Southold at Laughing Waters, similar and smaller. If you look just offSurmyside Road on Hortons Lane, similar and smaller. Captain Kidd in Mattituck, similar and smaller. Fishermans Beach in Cutchoguc, similar and smaller. So what w'e are proposing, we see throughont the town and perhaps there are members of the communit3 tonight that even live on one of those lots that are approximately one quarter acre in size. Just to get back to one of your hurdles, is the hardship case. I thank Tom for reading the letters that I had put together before because it sights a little more succinctly than what I can do this evening about some of the straggles that we have been August 10, 2004 6 Public Hearing-Stepnoski waiver 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 ha`,'e a tremendous amount of financial hardship and we are trying to come together with the community to try to solve our needs and their needs at the same time and I feel that these two applications, do just that. ,&nd -'~side from that. I am happy to answer any questions an3one has but that is it in a nutshell and I am sure that we can get into fi~rther details if we are allowed to have the opportunity to proceed to the Zoning Board and to state our case. But I knox`,' that the community wishes to have continued involvement in ho,,',' this progresses and we have spoken with them and we will stay in touch with the community as to how things go and we will involve them in the type of things that we are creating and give them somewhat of a sa3, in how things look but I think that they will be very happy with the outcolne and they will sa3,, you kno`,~, we are glad that this happened. ]'hat is all I have. Thank you. SUPERVISOR HORTON: Thank you, Mr. McCarthy. Reverend Fulford. 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. After I heard about what was going on, that you w~ted to put houses up there at Church Lane. then I had a meeting with my congregation. I wanted to ~know how my congregation feel about putting houses up there and we 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, which is great because 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 thitflc it is a great thing. I 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 community and also the people that are around there and the committee is doing a great job. I am quite sure that the committee that you are going to have would look into the amount of houses, the size of them and x~hatever and I am quite sure that they will work with Tom when it comes to their input as well as the houses going on. I am only here to let you know that anytime a community is open up a way that people can live, we think it is a great thing that you are 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. Noxv. my hope is, that we talked about it, the people in church along with my mimster and the board and staff, that if you pul houses there, you put houses there that people hopefully 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 committed that on Church Lane, I know they are concerned about how many is there and the size of it. I 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, l am quite sure that you are going to do 3'our homework, that you all are going to do. examine and search out what is around your community, `,','hat 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. The thing of it is. it is a lot that has got to be ~5orked into this situation. And along with this Board and the committee, I know you got to August 10, 2004 7 Public Hearing-Stepnoski waiver 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 whate,.'er 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 ho',',' 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 lbr peoples that don't have. And so I hope and pray to god that we do the right thing. And most of all, always say this. do things that god is pleased with as well as our sisters and brothers. God bless you. SUPERVISOR HORTON: Thank you. Reverend. Would anybody else care to address the Board? Ms. Schroeder. GWYNN SCHROEDER: Hi. I just have a question. This really speaks to a bigger picture about ,.,.'hen you have 10.000 square foot lots, the Health Departmant is not going to approve lots of that size without the Town having a plan to deal with sewage. Am I correcto SUPERVISOR HORIZON: 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 xvith the Health Department to achieve approval tkrough the Health Department. MS. SCHROEDER: 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 l think that may be an appropriate use for that property. But it speaks to the Town's lack of a bigger vision, how are you going to get density in 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 txvo things we need for density are sewers and water. And this just underscores the Town's need to address those issues, openly and with input from everyone. Thanks. SUPF, RVISOR HORTON: Thank you. Are there other comments /'rom the floor in regard to this public hearing? Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. I think a lot of the points that Mr. McCarthy makes are really solid ones and apart from the proposal itself, I would like you to consider the following: Mr. McCarthy and Mr. Stepnoski have paid a lot of fees. I would say waive them, past and present. This really ,.,.,as. in all honesty, no fault of their own, in terms of rezoning and if in fact. there were something that x,.e 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 Town could actually manage to do. That is only one small, tiny I'raction ora cost. l am sure but it is something to consider and it probably would be a faro at least a thir gesture on the Town's part. My concern is the concern that I think a lot of people t~ould have in terms of zoning precedents. We do have zoning and x~e have a lot of neighborhoods that have smaller lots. historically and it would be problematic, maybe, to start setting precedents of really cutting up the one acre zoning into three or four lots. I don't know if Mr. McCarthy has considered the possibility of rezoning this into an affordable housing district. ! know that he mentioned that he x,.asn't thinking about government monies but it would create a definition for August 10. 2004 8 Public Hearing-Stepnoski waiver the district and x~ithout addressing the issue of why, in one particular area, we are down-zoning to such a degree? It sets, my concern is the doan-zoning precedence. And what would happen in the future if somebody else comes tbrward and says, I have had hardship, also, for whatever constellation of reasons, I now v, ant four lots to the acre. Now. if we in fact made this aftbrdable housing district, it wouldn't mean that it xxould have a moniker, and I don't think, I think it would actually make it more possible to glean all sorts of monies from county and state monies, if they were advisable, if they were available and if they were requested but it would also mean that xve had defined the problem of again, spot zoning or zoning fur whatever even justifiable reasons. So. 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 wicket, if we start making real exceptions to the zoning without considering those ilnplications. So, I x',ould like the Board to maybe discuss the possibility of whether this could become an affordable housing district and whether that would be something that ',~ould be acceptable to the applicants and it seems that might be one way of solving the problem. But I really woold urge you to waive all fees on this application, prior and going forward. Because I really think that this is a step in the right direction and if people in Church Eane wonld like to see the re-building of this conmaunity, it is a potentially a very solid solution to what was a very large community problem. SUPERVISOR HORTON: Thank you, Ms. Norden. Yes, Mrs. Taylor. BARBARA TAYLOR: Good evening, Barbara Taylor. Cutchogue. The Church Lane hamlet group has forn~ed an opinion and our opinion is. as per onr decision on the ~aiver at this time, we would like to remain neutral. We would like for the Town Board to make a decision based on your own guidelines. And should you grant the x~,aiver, the community feels strongly that we would like to participate in future plans lbr the neighborhood. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Taylor. Are there other comments from the floor regarding this public hearing'? Mr. Simon. MR, SIMON: Although I am associated, at least loosely with the Church Lane conu'nunity, I have comments which are to some degree independent, not inconsistent with. but independent of Mrs. Taylor's report. First of all. some clarification... SUPERVISOR HORTON: I don't mean to interrupt, could we get your name and address? MR. SIMON: Michael Simon, New Suffolk. Son'5'. 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-contbrming house is built or modified, that does not involve rezoning. Affordable housing designation, AHD, that is rezoning, that is a big deal and it is a way of postponing any kind of building fbr quite some time. as we know. Secondly. very often, people can come to the right answer for some very 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 for the cost of risk taking. Such as by compensating people for the expenses the.',' put into something. When a builder talks about, when we all talk about our unalienable rights. Declaration of Independence sa3s the right to life. liberty and the pursuit of happiness It does not say the right to life, liberty and making as much money as possible from ones property, independent of government legislation. When August 10. 2004 9 Public Hearing-Stepnoski waiver someone purchases a piece of land. and government trbr 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 now, 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 rights and they don't have much role in terms of policy because people have different ideas about what their moral rights are. Civil rights are moral rights and they are sometimes in collision with what some people think of as their property rights. So we are not talking about moral rights, we are perhaps talking about legal rights, and the law is pretty clear on this on x~hat kinds of lawsuits you can win and what kinds of lawsuits you cannot win. So the issue comes dox~ n to, in this case. is a maUer of policy. And the good thing about policy is it is forward looking, not backward looking. And the policies woukt 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 quiet enjoyment of their property and they do want residential housing, the needs of the Town, which is interested in allowing, under controls, additional housing in the Town. The need or the desire tbr 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 four 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 % of an acre. it would be possible for Mr. McCarthy to build a house that was much. much bigger than any of the houses that were there. He has the right to do thi;s 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 lbrget about whether we like or don't like the reasons that people have lrbr doing what they do. The Town needs and wants, the Town Board wants that land to be developed in a consistent way. One further point, and answers some other comments about rendering these lots consistent with their surroundings. As many people know, that when you are modifying your own house and you have to confurm 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/bet, 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 allowing houses to be built that are consistent with the neighborhood and it now exists. So, the matter of details is going to have to be worked out whence Mr. M[cCarthy and Mr. Stepnoski are alloy, ed to move l%rward if the Board decides to do so but the principle is that under proper input from all people concerned and attention to the values that many people pay lip seo4ce 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 xvants to run for public office and one hasn't gotten ones name on the ballot because of deadlines or whatever kind of statutory rules there ma)' be, a person may petition to get ones name on the ballot. And many people may sign that petition, because to get 3'our 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 giving a person a shot to get into the legitimate activity of applying and letting the chips fall where they ma,','. Thank you. August 10, 2004 10 Public Hearing-Stepnoski waiver SUPERVISOR HORTON: Thartk you. Dr. Simon. Are there other comments ti'om the floor on this public hearing'? Mr. Nickles. JOHN N[CKLES, JR.: John Nickles, Jr. Southold. I also represent the Southold Business Alliance. Without going into the histotT of this rezoning, which everyone knows, I would kind of like to stay on the positive point of what this application will do. The current zoning, which is R-40, one acre zoning, tbr whatever reason the Toxin 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 comnmnity 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 thc colnmunity 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 Southold Town Board of Trustees, they have been operating on a policy of setbacks from wetlands that is much, much less than what they have written that they could restrict it to. So, I think that this is a good opportunity for the To~n 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 tu take the rest of the risks Il-om there, I don't think it is an endorsement from the Board that the 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 tD'ing to reinforce its decision as a residential community Ibr Church Lane. Thank you. SUPERVISOR HORTON: Thank you. Mr. Nickles. Are there other comments h-om 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 McCarthy made, except of course. Captain Kidd was started I think in 1952, at which point, there were no zoning regulatmns I don't believe there were zoning regulations anywheres on Long Island and zoning regulations and roles came into effect because x~,e 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 tbr good reasons. So let's not go back. Thank you. SUPERVISOR HORTON: l-hank you. Are there other comments from the floor on this public hearing? Yes, Mrs. Egan. JOAN EGAN: Joan Egan, East Marion. Just a quick comment, I hear the word affordable housing thrown in here. This has nothing to do with your affordable housing, correct? SUPERVISOR HORTON: That is correct. MS. EGAN: Great. SUPERVISOR HORTON: Or affordable housing for any government guideline v, hatsoever. August 10. 2004 Public Hearing-Stepnoski waiver 11 MS. EGAN: Yeah. Now. I 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 I don't knox,,' whether we can encompass all of them. I am very iffy on the whole thing. Thank you. SUPF. RVISOR HORTON: Thank you, Mrs. Egan. will close this hearing. Are there other comments'? (No response) ~,re Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTP~kR OF VITAL STATISTICS h~kRRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southoid, New York 11971 Fax (631j 765-6145 Telephone (621) 765-1800 sour holdtown.nort hfork.~e£ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 645 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2004: WHEREAS an application has been made by 3mgelo Stepnoski for a ~vaiver 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 Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-96-01- l 2; and WHEREAS the applicatioR involves the subdivision of a 29,823 sq ft 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 cfiter/a that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law #3-2002 and the extensions of said kocal Law', and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have thc authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such var/ance 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 xvelfare 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 immediate vicinity of the property and the impact of the variance or waiver on the water supply, aghcultural lands, open and recreational space, mr-al character, natural resoumes, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Toy, ua retained a "moratorium group" consisting of in-house and outside planners and attorneys who have 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 tln-oughout the Town and a 60°//, 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 xvork 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 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 he is in need ora place to locate his business and the options for such are limited. He claims to have purchased this property with the intention of constructing his business thereon, prior to the rezoning to residential use. He has now proposed to develop the same residentially, and free up the capital to locate his 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 mad 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 hearing on this matter, the comprehensive planning 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 Pmcedures, 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 - 617 LOST WHEREAS an application has been made by Angelo Stepnoski 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# 1000-96-01-12; and WllEREAS the application involves the subdivision of a 29,823 sq ft parcel into 3 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WIfEREAS 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 immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a "moratorium group" consisting of in-house and outside planners and attorneys who have developed a "Comprehensive hnplementation 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% 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, plmming 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 Tmvn continues to face significant development pressure; and WItEREAS 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 he is in need ora place to locate his business and the options for such are limited. He claims to have purchased this property with the intention of constructing his business thereon, prior to the rezoning to residential use. lte has now proposed to develop the same residentially, and free up the capital to locate his 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 Toxvn Board recognizes that this xvaiver 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 Lax'.' # 3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Toxvn of Southold finds that the application will not adversely affect the health, safety, or welfare of the To~vn 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 coinments set forth at the public hearing on this matter, the comprehensive planning 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 criteria; and Be it RESOLVED by the Toxvn Board of the Town of Southold that the application for waiver of the provisions of the moratorium is hereby approved. 04./1!~/1'-J35 04:0L 6'317' ~'81_A Mi~:AF~TH',' ~&N~,6' -NT _i~t46RThomas J'; CCARTHY eel Estate, Inc. .ECEtVED 66110 Rou~e 48, Southo[d, New Yerk 11971 AUG 10 PA(/~ 01 Southold Town Plarmmg Board Routc 25 Southold, NY 11971 July 20, 2004 RE: 1000-96-1-11.1 1000-96-1-12 To the Esteemed Members of the Boa.rd: Southold Town Clerk In response to you~ inquiry for further information to subgtantiate my request tbr waiver, pits_se consider my application with respect to being consistent to thc stated plan.nil~g objectives of the Town. 1, Preservagl~n of Farmland and agriculture. Neither of'these parcels are achvely Termed or are they suitable for terming because c, their s~ze. 2. Preservation of Open Space and Recreational space, Neither of these pa.reels have been ~,lsed historically for op~ space or recreation tier are they suited for it. 3, The Preservation of the Rurak Cultural, Commercial and Historic Character of t~e Hamlets and surrounding ar~as. It has been said that both of these parcels are steeped in history ~md eullure of the Church Lane Hamlet. The Town Board and thc member~ of thc community at large made it abundantly clear that this neighborhood was worthy ofsaving and investing in. MI,' proposal for multiple lots on these two parcels will serve to re populate this neighborhood, create affordable housing opportunities for local residents, and to stimulate invcstmeet in other undeveloped and underdeveloped lots in the neighborhood, 4. The PreserveUofl of the nafural environment, This waiver will not effect an}' undisturbed lands and is in an area that has b~en specifically designated tbr housing. Please advise if] can offer any more information to support your decision. Your One Stop Real Estate S ¥ou~ ~ss~s~c¢ ~n ~rantin~ an ~,~emptio~ ~rom the moratod~r~ v,~l[ ~er~on~tratc ~ur ¢ontinue~i ¢omrnitmen~ ~o the people oF Sou~old To~n. ~5/04/1995 221:21 g_31765§Blb MOCARTHY' M~NA~MEgT PA~ 8:2 CCARTHY anagement, Inc. 451~20 Route 48, ~outhold, New York 11971 [a31} 765-5/t16 {631) 765 5816 FAX Southold Town Plarmi~ Board Route 25 Southoid, NY 11971 July 20, 2004 RE: 1000-96-1-11.1 1000-96-1-12 To the Esteemed Members of the Boa~l: RECEIVED AUG 10 2o04 Southold Town C erk In response to your inquiry for further information to substantiate my request for waiver, please consider the following aflditional informabon. I have been involved in this property since 1996 and ha,me oumed it since1998. Mr. St~pnoski has owned his property since 2000, The sole reason for our purchase of this property was to develop Jt under its Light Industrial Zoning classification. In this regard, I have acted in good faith and made the ~ppropriate applications and in my opiJfion been erroneously denied my fights on this piece of property from the Building Department, the Zoning Board &Appeals and the Town Bom'd. Through this lengthy multi year process l hsve paid fees, revised surveys and site plans b~en to countless meeting both inside Town Ball 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 think is best Iht my pmperty, Aa you are well aware, your Board hod an intelligent dialogue and debate within your own ~'oup ~ well as wtth Mr. Stepnoski and myself regarding a change &zone. There were feelings from some of your members that this area should not be changed from Light Indu.qorial 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 party for the outcome of the ultimate use of our land, we ~re seeking your assistance. This land has been involuntarily converted from a business use to a r~sidential one. Your Board was also well aware that through this change of zone that none of off, ted 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 involuntary conversion afl~r applications, heatings, m~tin~ both public and private, a moratorium in the Church Lane area, the change of zone, two pieces of yet ~ Con.sO'uct/on MOJ~agernent., General Contrac/'/ng · Custom Homes 0§/0~/i9B5 23:;- 67iT655816 MCCARTHY MANA~EM~T PA~ 0] pendin8 litigation, and a current moratorium on subdivisions have created an extremc financiaJ hardship ~ well as a practical difficulty for myself, rny contract vendee Mr. Gene Chituk, and Angeto Stepnoski. These ]ocal business owners who live and employ residents of om' Town need a pike to loc. ate their business. As prices o£Rcal Estate skyrocket, and there is an extremely lhnited supply of Light Industrial property available, wa are all in limbo. We ate caught up what should have been someone else's fight, namely $outhold Town. We all made our bm-g~ins relying on $outhold Town Zoning and what ~re rights are within the Code. These rights have been drastically alto*red. We are trying a~ good memb~'s of the community Io move forwacd a proposal that is in the best interest of all involved. This proposal will allow us to rebuild an apparently important n~ighborhood that has been in the stye of decline and by doing so, free up the capital that will be a nece~,~ry part of acquiring ~uitably zoned land in which to locate these businmses, Without a timely waiver, our present opportunity to acquire this land wil] expire, and we will be lefl~ with no prospects for other Ioc~tions, Your azsistance in granting an exempt/on fi'om the moratorium will demonstratc your continued commiunent to the people of $outhold Town. Thank you $1nc~rely, Thomas $. McCarthy F A'X I Numberofpegesi~ludk~ cov~rstmet ~ FROM: 'Phone 63t-765-5815 Fez ~s 631-765-5816 REMARKS: [] U~lent L~ For yo.r mview [] Reply ASAP [] Pleese Comment AUG - 9 20O4 .._L~.~., YOLU' One $~p Real Estate $~op ~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair HI CI-L~RD CAGGLMqO WILLIAm{ J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone/631) 765-1938 Fax/631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED To: From: Re: Ms. Elizabeth Neville Town Clerk Woodhouse, Chair ~ Jerily. B. 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 proposed minor subdivision of Angelo Stepnoski at Cutchogue SCTM# 96-01- 12. Date: August 5, 2004 The proposed action involves subdividing a 29.823 sq. ft. parcel (SCTM# 1000- 96-1-12) into 3 lots; where lot 1 equals 9941 sq. ft.. lot 2 equals 9941 sq. ft. and lot 3 equals 9941 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 lots...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; "This land has been involuntary converted from a business use to a residential one". "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 parcel is occupied by a dilapidated structure and is wooded. To the east and west the dominant land use is residential. Residential lots abutting the rear of the parcels 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. ft. to 1.52 acres (The Cutchogue Baptist Church parcel which is Z shaped and includes the right-of-way area). The property abuts a parcel improved with a single family residence to the north and County Route 48 to the south. All residential lots in the surrounding 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 prior to any Planning Board approvals Transportation Infrastructure -The frontage of the lots is proposed on the private28' 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 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 A'I06 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. Natural Resources - The parcel is improved with a dilapidated structure and is wooded. No wetlands or slopes greater than 15 percent occur on site. No known archeological sites exist on site. Several large trees exist on site, providing aesthetic quality to the community and should be retained. 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 would be 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. Improvements are expected to be screened from County Route 48 and the existing homes to the extent practical using 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 ~ands. 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 infrastructure. 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 petition. #7046 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 Suffolk Counly Commission Expires February 28, 2008 day of ~ NOTICE OF pLrSLIC HEARING NOTICE tS HEREBY GIVEN that the Town Board of thc Town of lO, 2004 at Southold To~n H~gl, $Y~95 ELIZABETH A. NEVILLE TOWN CLERK 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) 765-6145 Telephone (631) 765-1800 sout holdtown.nor t hfork.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 heating for your application for a subdivision waiver for Angelo Stepnoski, SCTM # l 0{)0-96-1 - 12 Very truly yours, Lynda M Bohn Deputy Town Clerk ens II LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Toxvn of Southold hereby sets 8:00 p.m, August 10T 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 Ma[or and Minor Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of Southoid" and extensions thereof~ for the subdivision of Angelo Stepnoski for the parcel identified as SCTM# 1000-96-01-12 (The property is located on the north side of County Rte 48 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 Town Clerk PLEASE PUBLISH ON JULY 22, 2004, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: 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) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the a~ t day of /~)t~ ,2004, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the 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, 8:00 PM (~li~abeth-A. Neffllie - Southold Town Clerk Sworn before rrm this Q~' N~tary Pnblic LYNDA M. BOHN I~OTAR¥ PUBLIC, State o! New York No. 01 BO6020932 Oualified in Suffolk County Term Expires March 8, 20 ~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~L-kRRLAGE OFFICER RECORDS 5,LM'-IAGEMENT OFFICER FREEDOM OF INFORI~L-kTION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax t631) 765-6145 Telephone ,,631) 765-1800 sout holdt own.nort h£ork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 561 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BO.&RD ON JULY 13, 2004: RESOLVED, that thc Town Board of thc Town o£Southold hereby sets 8:00 p.m., August 10~ 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 dwellinl[ unit(s) in the Town of Southold" and extensions thereof~ for the subdivision of Angelo Stepnoski for thc parcel identified as SCTM# 1000-96-01-12 (Thc property is located on the north side of County Rte 48 in Cutchogue). Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK IIEGISTB--kR OF VITAL STATISTICS M--kRIR IAGE OFFICER RECORDS },L-YNAGEMENT OFFICER FREEDOM OF INFORI~.L4TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~631'~ 765-6145 Telephone (631~ 765-1800 scmt. holdtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Supervisor & Southold Town 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 Transmitted, please find request ofAngelo Stepnoski, by Thomas J McCarthy, for a waiver to the subdivision moratorium on property located at County Rd. 48, Cutchogue, S CTM# 1000-96-0 l-12. Please review and prepare a written repot-[ of your recommendatioRs and findings. Thank you. I'HY anagement, Inc. 46520 Route 48, Southo[d. New York 11971 (631 ) 765-5815 [631 ) 765-5816 FA.'< RECEIVED Southold Town Board Route 25 Southold. NY 11971 June 23. 2004 RE: 1000-96-1-11.1 1000-96-1-12 To the Esteemed Members of the Board: dUN 2 9 Soolhold Tow,, Clerk 1 am writing this letter to request a waiver of Moratorium for subdivision for the above referenced parcels. [ am a principal in 640 Church St. LLC and an authorized agent /'or Mr. Angelo Stepnoski. 'It has been an extreme financial hardship for both Mr. Stepnoski and myself to be in a state of development limbo for the last several years. As you are aware there have been applications to the Zoning Board of Appeals for dimensional reliefi issues with a moratorium on permits and ultimately a change of zone to residential use. After a groundswell of public input, debate and tough decisions, it was decided that 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 term viability of this neighborhood. Your exemption from the moratorium will demonstrate your continued commitment to the people of Southold Town. Thankyou Construction Management · General Contracting · Custom Homes ill Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/02/04 Transaction(s): Moratorium Waiver Receipt#: 12755 Subtotal $250.00 Check#:12755 Total Paid: $250.00 S/epnoski, Angelo B' 200 Broad St Greenpod, NY 11944 Clerk ID: LINDAC Internal ID: 97423