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HomeMy WebLinkAboutSavits, BarrySOUTHOLD TOWN BOARD PUBLIC HEARING February 24, 2004 8:05 P.M. HEARING ON THE WAIVER APPLICATION OF BARRY SAVITS~ SCTM # 1000-68-4-16.1 Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:05 p.m. February 24~ 2004 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place 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 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 Barry Savits for the parcel identified as SCTM# 1000-68-4-16.1 located on the south side of Sound View Avenue in Peconic. I have notice here that it has appeared in the newspaper the Suffolk Times, it has also been out on the bulletin board, the Town Clerk's bulletin board in the hallway. What have we got from the Planning Board here? We have a communication dated November 6th from the Planning Board on the request for a xvaiver from the temporary moratorium for Savits. In this memo, the Board will only address the request in the context of land use planning, consideration of any other comment is beyond the scope of this review. The parcel is located on the south side of Sound Avenue in Peconic, the proposed action involves subdividing a 12.4 acre parcel into three lots, where lot one equals 66,000 square feet; lot two is 46,000; and lot three is 429,000 square feet. The zoning district is R-80; lots one and two are clustered lots whereby an 80,000 square lot is normally required. Lots one and two are unimproved. Lot three is improved with a single family residence. This action would create two new residential building lots. The applicant has proposed a draft declaration of covenant and restrictions prohibiting further subdivision of lot three. The latest action taken by the Planning Board was the issuance of conditional sketch plan approval on December 4, 2000. The Planning Board has reviexved the file and the request for waiver and recommends that the Town Board deny the waiver request due to the following: l. The proposed action does not possess or propose an executed contract, either gifting or selling interests or rights in real property to a portion of the parcel to either the Town, County, Peconic Land Trust or the Nature Conservancy. 2. The action proposes no permanent preservation in which February 24, 2 Public Hearing-Savits waiver interest or rights of property are being sold or gifted upon at least 75% of the parcel. (It doesn't reach the 75% bar) Therefore, the Planning Board finds that the proposed action is indifferent from proposed minor subdivision applications subject to moratorium and that the supporting facts of the waiver request do not demonstrate substantive reasoning nor severe hardship and therefore does not warrant the granting of a waiver. To meet the threshold to perpetually preserve 9.33 acres of the 12.4 acres exclusive of on-site wetlands and slopes. And there follows a series of discussions, three or four pages about land use, agricultural lands, open space but I think that is the gist. I will just read the conclusion. As mentioned above, the Planning Board does not find that the reasons set forth in the xvaiver request qualify to warrant a recommendation of approval because the applicant has made no attempt to meet the thresholds or provisions of Local Law 3, as stated above and therefore, the Planning Board makes a recommendation of denial. That is all we have. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anyone care to address the Board on this public hearing? This waiver request? WALTER BLUM: My name is Walter Blum, I am from Greenport. We see here a request of revie~v of Greenport Village boundaries... SUPERVISOR HORTON: Actually, this is a public hearing on a specific .... MR. BLUM: Are we going to have any discussion of it then? SUPERVISOR HORTON: We xvill allow you the opportunity to address the Board. Would anyone care to address the Board on this public hearing? (No response) We will close this hearing. Elizabeth A. Neville Southold Town Clerk I: OF NEW Y LEGAL NOTICE NOTIC~ Oir INJ~LIC ll~AIING NOYIC~ IS il~.~WY GIV~q ~hat Sou&old he.by se~ 8:~ p.m., ~u~flng a w~ver ~m ~e p~vi- dwelling u~t(s) in ~e Town of BY O~EROFTHE TOWN BOARD OF Town Clerk COU~.~.~ O~ SUFFOLK) ~,~.j~::~.z./~/,~"z~'~',~___ of Mattituck, in said County, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished 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 pub- lished in said Newspaper once each week for ?' weeks successively, commencing on the /.E., day of ~ 20~' ~ '~rincipal Clerk Sworn to before me this ,/--~ day of /~'~-Z~ 20~z/' CHRISTINA VOLINSKI ~,RY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 |/ / "~ I / [ 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. February 24~ 2004 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place 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 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 Barry Savits for the parcel identified as SCTM# 1000-68-4-16.1 located on the south side of Sound View Avenue in Peconic. Dated: February 3, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Iown Clerk PLEASE PUBLISH ON FEBRUARY 12~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: PlarlllJng Town Clerk's Bulletin Board Town Board Members Toxvn Attorney 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 ~ day of [~ 9.~ ,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 ~vit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: February 24~ 2004~ 8:05 p.m. - ~li~abeth'A. Nevi~e Southold Town Clerk Sworn before mq this (, day of f'~- ,2004. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Sufiolk Coucty Term Expires ~,:.:~ er, g. 2,3 o'~ ELIZABETH A. NEVII,T.~. TOWN CLERK HEGISTRAR OF VITAL STATISTICS MAP, HIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north£ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 102 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 3, 2004: RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m, February 24~ 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 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 Barry Savits for the parcel identified as SCTM# 1000-68-4-l 6.1 located on the south side of Sound View Avenue in Peconic. Elizabeth A. Neville Southold Town Clerk PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. S[DOR 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 NOV 6 2003 To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Southold Town Cierf~ Re; Request or Waiver from Local Law No 3 of 2003; 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 Barry Savits SCTM# 1000-68-4-16.1 Date: November 5, 2003 In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The parcel is located on the south side of Sound View Avenue in Peconic. The proposed action involves the subdividing of a 12.45 acre parcel (SCTM# 1000- 68-4-16.1) into three lots where Lot 1 equals 66,650 sq. ft.; Lot 2 equals 46,591 sq. ft and Lot 3 equals 429,240 sq. ft. The Zoning District is R-80. Lots 1 and 2 are clustered lots pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby 80,000 square feet is normally required. Lots 1 and 2 are unimproved. Lot 3 is improved with a single family residence. The action would create two new residential building lots. The applicant has proposed a draft Declaration of Covenants and Restrictions prohibiting further subdivision of Lot 3. The latest action taken by the Planning Board was the issuance of Conditional Sketch Plan approval on December 4, 2000. The Planning Board has reviewed the file and the request for waiver and recommends that the Town Board deny the waiver request due to the following: 1. The proposed action does not possess or propose an executed contract either gifting or selling interests or rights in real property to a portion of the parcel to either the Town of Southold, The County of Suffolk, The Peconic Land Trust or The Nature Conservancy. 2. The action proposes no permanent preservation in which interests or rights of property are being sold or gifted upon at least 75 percent of the entire parcel. Therefore, the Planning Board finds that the proposed action is indifferent from proposed minor subdivision applications subject to the moratorium and that the supporting facts of the waiver request do not demonstrate substantive reasoning nor severe "hardship" and therefore does not warrant the granting of a waiver. To meet the threshold the applicant would need to perpetually preserve 9.33 acres of the 12.45 acre exclusive of on-site wetlands and slopes. This decision is further supported by the following facts: Land Use - The property is located within the upper watershed of Goldsmiths Inlet. The property abuts Sound View Avenue to the north, vacant, wooded land to the east and west, and agricultural open space lands to the south. The parcel across from Sound View Avenue is apart of the Goldsmith Inlet County Park and is protected. The dominant land use in the vicinity is vacant land and Iow density residential. There is no proposal to sell development rights on the parcel. Due to the fact that the parcel is in private ownership, the potential of the area to provide collective public open space is Iow. Following the improvement of Lots 1 and 2 with residences, the view shed will be interrupted. The Planning Board recognizes that this area, is environmentally sensitive and the view from Sound View Avenue south across the property provides important scenic value to the community. The subject parcel is zoned R-80, which requires a minimum size of 80,000 square feet per lot. Lots 1 and 2 are clustered. The properties to the east and west of the subject parcel are also zoned R-80. The property to the south is zoned A-C (Agricultural Conservation). The parcels located to the east and west are wooded, vacant and range from 4.93 to 39.85 acres. Based upon such, the proposed action would not significantly deviate from the general land use of the area. Transportation Infrastructure -The proposed action is located on Sound View Avenue. The proposed access to the subdivision exhibits limited sight distance. The Planning Board has not reviewed the proposed final access configuration. Natural Resources - The parcel is comprised of sensitive environmental features. As mentioned above, the parcel is located within the Goldsmith Inlet Watershed. Several high quality wetland systems occur upon Lot 3 in the south. The Planning Board issued a Negative Declaration on September 13, 1993 pursuant to State Environmental Quality Review Act Section Article 8, Part 617. Water Supply - The applicant has proposed that water supply will be accomplished via extension of the public water main through an agreement with the Suffolk County Water Authority. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems.. Rural Character - The proposed action would result in the increase of 2 new residential structures. Due to the location of the new structures, the view shed will be disrupted and mitigation will be necessary. Agricultural Lands - No pending agriculture or proposed agriculture opportunities exist. Dominant soil types of the parcel are PIB- Capability Unit Ills-l, Plymouth Loamy Sand 3 to 8 percent slopes. The soils are listed as poorly suited for crops (USDA Soil Survey of Suffolk County, New York (1975)) Open Space and Recreation Space - The size, location and current use of the property provides open space to the community. Due to the private ownership of the parcel, the potential of recreational use is Iow. As mentioned above, the Planning Board does not find that the reasons set-forth in the waiver request qualify to warrant a recommendation of approval due to: 1. The applicant has made no attempt to meet the thresholds or provisions of Local Law No. 3 of 2002 (as stated above) et al.; and therefore the Planning Board makes a recommendation of denial. Correspondingly, it is the Planning Boards finding that the proposed project does not fully support the planning objectives of the Town of Southold which include: The preservation of open space and recreational space; the preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and surrounding areas and the preservation of the natural environment. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Cc: Valarie Scopaz, Town Planner Greg Yakaboski, Town Attorney TEST HOLE PERFORME£ McDONALD GEOSCIENCE J! JANUARY, 2002 y EXIStiNG GROUND EL. 10.4 SM GOLDSMITH INLET PONO N SITE L OCA TION i/ HOU5~ NOTE. SEPENOSKI NOTE: NO WELLS OR CESSPOOLS WITHIN 150' OF THIS SUBDIVISION S 47' 05' 40' E 86.91' se ,5-' SEPENOSh'I I I 9 N/FI ...S'EPENOSKI eosr N 38' 24' S 40' 10' W 139.. 20. 79' NOTE NO WELLS OR CESSPOOLS WITHIN 150' OF THIS SUBDIVISION pOST CLEARING AND CRADINC WITHIN EACH LOT SHOULD BE L/M/TED TO THAT NECESSARY FOR SITING AND CONSTRUCTING A HOUSE WITH THE INTENT OF PRESERVING AS MUCH OF THE NATURAL VEGETATION ON THE SITE AS POSSIBLE, AND TO MINIMIZE STORMWATER RUNOFF AND EROSION NOTE. I HEREBY CERTIFY THAT THE SURVEY OF PROPERTY WETLANDS LINE FROM RODERICK VAN TUYL, L S SEE NOTE M/NOR PECONIC, coUFFOLt< ~o SEPENOSh.I SEPtiC TANK CESSPOOL SUBDIVISION CLUSTER OF SA VI TS SITUATE TOWN OF SOUTHOLD COUNTY, N. X MAP SUFFOLh. COUNTY DEPARTMENT OF HEALTH SERVICES SURVEYED FOR . BARRY SAVITS ZONED R 80 FOR SCDHS USE ONLY ROAD LOT//I TYPICAL ROAD LOT //2 TYPICAL NO TE: AS PER DE.C LETTER MARCH 4, 1988 BOUNDARY MARh.ED BY PAUL CARELLA, CONSERVATION BIOL OGIS I. WETLANDS LOCATION TAh.EN FROM SURVEY OF RODERICh. VAN TYLE DATED NOV7, 1995 OUARANTEED TO SURVEYED BY STANLEY J. ISAKSEN, JR P.O BOX 294 NEW ~JFFOLK, NY 11956 ,CENBEB LA NB SUR/// NYS LIC NO 49272~/~ 99R822