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HomeMy WebLinkAboutDamianos/Peconic Land Trust ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR OF VITAL STATIST[CS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOHM. ATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 563 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2004: WHEREAS an application has been made by Dr. Herodotus Damianos 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 Planning Board to consider an application for a minor subdivision for the parcel of property knoxvn as SCTM# 1000-75-2-2; and WHEREAS the application involves the subdivision of a 37.85 acre parcel into 5 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 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, 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 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% 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 January 6, 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 WItEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in that he has gifted a Conservation Easement on 28.4 acres to the Peconic Land Trust, and the preserved area encompasses more than seventy two percent of the parcel and falls just short of the seventy-five percent land preservation threshold. No structures, including agricultural buildings, are allowed in the open area. Dr. Damianos is now faced with the possibility of having to amend and re-file the Conservation Easement and incurring expenses associated therewith; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being tmdertaken 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 WItEREAS the Town Board of the Town of Southold finds that the application supports the preservation of agricultural lands and open and recreational space, and has demonstrated a significant land preservation effort; 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 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 is hereby approved. Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING June 29, 2004 8:05 P.M. HEARING ON THE WAIVER APPLICATION FROM THE PROVISIONS OF THE LOCAl, LAW "TEMPORARY MORATORIUM ON THE PROCESSING~ REVIEW OF~ ANDMAKING DECISIONS ON THE APPLIATIONS 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 DAMIANOS/MERLOT, SCTM #1000-75-2-2~ MAIN ROAD~ SOUTHOLD. Present: Supervisor Joshua Y. Horton 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 Absent: Justice LouisaP. Evans COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:05 p.m, June 29~ 2004 at Southold Toxvn 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", and extensions thereof, for the minor subdivision of Dr. Herodotus Damianos/Merlot, LLC for the parcel identified as SCTM# 1000-75-2-2 (The property is located on Main Road, Southold). I have several letters here and the first letter I would like to read is from the Peconic Land Trust. SUPERVISOR HORTON: If I could chime in, Councilman Wickham. I believe that the Land Trust and the Planning Department asked us to open this hearing, not take any action and leave it open and so, moving with their recommendation, open the hearing and leave it open and we can .... COUNCILMAN WICKHAM: And not even get into the communications? SUPERVISOR HORTON: I think it is a good idea, certainly. 'June 29, 2004 Public Hearing-Damianos Waiver COUNCILMAN WICKHAM: The two communications, one is from the Peconic Land Trust, who is acting as the agent for the Damianos family. "Dear Mrs. Neville, Resolution #480, adopted on June 15 sets 8:05 PM, June 29 for a public heating on this application, requesting a waiver from the provisions of the Local Law regarding a temporary moratorium. We respectfully request the public heating be left open as we are in discussions with the Planning Board." And I have another letter from the Planning Board that says, "The Planning Board has been informed that the Peconic Land Trust has requested of the Town Board not to close the public heating on Tuesday, June 29th in order to allow the Trust time to present an alternative proposal from that which xvas originally presented. The action that is the subject of this hearing involves the subdividing of a 37.8 acre parcel into five lots. (And it gives the amount of acreage per lot) and 26.7 acres of which were to be gifted to the Peconic Land Trust. The parcel is located on the north side of Route 25, 546 feet west of Maple Avenue in Southold. The zoning is AC. The parcel is vacant. The action would create four new residential building lots and one building envelope for a potential winery. The action involves the application of the provisions of Local Law #3 of 2002 and #13 of 2003 to the parcel. The waiver request before the Town Board involves the following. I. Consideration of the Local Law 1 and 3, item 6. The land area proposed for preservation of the parcel equals 71% and does not meet the 75% perpetual land preservation threshold. The Planning Board has reviewed the application of the petition dated June 9th, requesting a waiver. The Board has concerns about recommending approval of the petition as it currently stands. However, in the interest of fairness, the Board respectfully requests giving the applicants agent, the Peconic Land Trust, the opportunity to provide an alternative option before shaping a recommendation to the Town Board." SUPERVISOR HORTON: Thank you, Councilman Wickham. We will recess this .... This public hearing will remain open. If there are folks that would like to comment on the specific public hearing, that pertains to a specific request for exemption fi'om the moratorium by Dr. Damianos, you are more than welcome to do so now. (No response) We will hold this hearing open until further notice, further communications from the Planning Board. So, procedurally, we recess. COUNCILMAN WICKHAM: Right. TOWN ATTORNEY FINNEGAN: Recess the public hearing, yes. SUPERVISOR HORTON: Can I get a motion to recess the public heating? COUNCILMAN ROSS: To aparticular day? TOWN ATTORNEY F1NNEGAN: Do you want to set it for two weeks? SUPERVISOR HORTON: I don't think we knowledgeably can set it at this point. I don't think we can knowledgeably recess it to a known date right now. COUNCILMAN WICKHAM: Because we don't kno~v when we will get the information. SUPERVISOR HORTON: Exactly. June 29, 2004 3 Public Hearing-DamianosWaiver TOWN ATTORNEYFINNEGAN: Why don't we do it for two weeks because you can always open it and recess. SUPERVISOR HORTON: Okay, we will recess this for two weeks. Moved by Supervisor Horton, seconded by Councilman Ross, it was RESOLVED that this public heating be recessed for two weeks from June 29, 2004, to be resumed at the next Town Board meeting July 13, 2004. Vote of the Town Board: Aye: Councilman Ed'~vards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. Elizabeth A. Neville Southold Town Clerk · PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RIC I-IARD CAGGIANO WILLIAM J. CREMERS KENNETII L. EDWARDS M~RTIN II. 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 JUL 13 2OO4 To: Ms. Elizabeth Neville, Town Clerk From: Jerilyn B. Woodhouse, Chair ~,,~ %utbofd Toe~ el'erE Re~ Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Dr. Herodotus/Merlot LLC SCTM# 1000-75-2-2 Date: July 12, 2004 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 proposed action involves the subdividing of a 37.85 acre Parcel (SCTM# 1000-75-2-2) into 5 lots where lot 1 equals 80,008 sq. ft; lot 2 equals 80,006 sq. ft.; lot 3 equals 80,001 sq. ft.; lot 4 equals 80,000 sq. ft. and lot 5 equals 91,461 sq. ft. and 26.765 acres which were gifted to the Peconic Land Trust. The parcel is located on the north side of State Road 25, 546 feet w/o Maple Ave in Southold. The zoning district is AC (Agricultural Conservation). The parcel is vacant. The action would create four new residential building lots and one building envelope for a potential winery. This action does not meet the provisions of Local Law No 3 of 2002, Local Law No 3 of 2003 and Local Law No 13 of 2003. The action falls short of the 75 percent "buildable" land area of the parcel that is required to be perpetually preserved. The perpetually preserved area equals 72.3 percent of the "buildable" area of the parcel, a deficiency of 43.081 square feet. The Planning Board has reviewed the application and the petition dated June 9, 2004 and the subsequent addendum to the petition dated July 9, 2004 requesting a waiver from Local Law 2, of 2002 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. The Planning Board's recommendation is that the Town Board grant the waiver request based upon the following facts: Land Use - The property is currently fallow. The dominant land use in the vicinity is agriculture mixed with Iow density residential. The property abuts the LIRR easement to the north; a 16.88 acre parcel in agriculture to the east; State Route 25 to the south. To the west is a 46.80 acre parcel in agriculture upon which development rights have been sold to Suffolk County. Additionally, the properties to the south across State Route 25 are in active agriculture and the development rights have also been sold to the Suffolk County. The subject parcel is zoned A-C, which requires a minimum size of 80,000 square feet per lot. All proposed lots conform to minimum lot size within the zoning district. The properties to the north, south, east and west of the subject parcel are also zoned A-C. Based upon such, the proposed action would not significantly deviate from the general area land use, the intent of the A-C zoning district. Transportation Infrastructure -The proposed action is located on State Route 25. 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 fallow. Historically, the parcel was in agriculture use. A freshwater wetland system equal to .84 acres exists on the western property boundary. The wetland is located within the upper reach of the Richmond Creek watershed. No development within 100 feet of the wetland system is proposed, therefore, no impacts to the wetland system are expected to occur. No known additional environmental constraints exist on site. The application has not been reviewed by the New York State Department of Environmental Protection or the Town of Southold Town Trustees whom may have overlapping jurisdictions concerning the action. The agencies will review the action upon the commencement of processing the application. 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 and Section A106 of the Town of Southold Town Code Rural Character - The proposed action will minimally impact rural character of the area. The parcel is currently located within the A-C zoning district. The A-C zoning district is intended to permit Iow-density residential development with minimal impact to agricultural lands. The proposed action would result in the development of a vacant, early succesional field into potentially 4 new residential structures and a potential winery. Following the improvement of Lot 5 with a potential winery; the view shed from State Route 25 is expected to be interrupted. However, due to the placement of the proposed residential lots behind existing improved parcels the view-shed impact is expected to be minimal. Visual impacts will be assessed as apart of the application process during SEQR review. The Planning Board recognizes that this area, and the view north from State Road 25 across the property provides important scenic value to the community and all efforts to mitigate adverse impacts to the view shed shall be taken. Agricultural Lands - The parcel is currently located within the A-C zoning districts. The intent of the A-C Zoning District is to provide for Iow-density residential development while promoting the conservation of agricultural lands. The proposed action has an executed contract gifting interests or rights in real property equal to 26.765 acres of the parcel to the Peconic Land Trust. The area equals 72.3 percent of the entire parcel. The preserved area is currently fallow, however, the potential that the area will be converted to agricultural use in the future is high. Dominant soil types of the parcel include Haven Loam 0-2 percent slopes (HaA) -Capability Unit I-1, Riverhead sandy loam, 0 to 3 percent slopes (RdA) - Capability Unit Ils-1 and Plymouth Loamy sand, 8 to 15 percent slopes (PIC) - Capability Unit IVs-l. The HaA and RdA soils are listed as prime agricultural soils by the USDA Soil Survey of Suffolk County (1972). PIC is listed as Farmland of Statewide Improtance. HaA and RdA soils types are listed as well suited for crops. PIC is excessively drained and is listed as poorly suited for crops. Open Space and Recreation Space - The location and current use of the property provides open space to the surrounding residential community. The location of the residential lots behind existing improved parcels minimizes the impact to the open space value provided to the community. As discussed above, the impact to the view-shed will further be assessed during the SEQR process. Due to the private ownership of the parcel the potential of recreational use is Iow. After consultation with legal counsel, it is the Planning Board's finding that the proposed action does not meet the 75 percent preservation requirement as referenced in the Town Moratorium Law. However, three of the five members feel that the gift of 27.765 acres (72.3 percent) sufficiently supports the preservation of farmland and agriculture, the preservation of open space and rural character and the preservation of the natural environment. Furthermore, the three members find that the proposed action is consistent with the surrounding land use and intent of the zoning district and therefore recommends that the Town Board grant the waiver for the proposed action, If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. ELIZABETH A. NEVII.r.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARHIAGE OFFICER HECORDS 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 30, 2004 Per/L. Youmaus Senior Project Manager Peconic Land Trust Post Office Box 1776 Southampton, New York 11969 Dear Ms. Youmas: Please be advised that the Southold Town Board, at their regular meeting yesterday, recessed the public hearing on the Waiver Application of Dr. Herodotus Damianos/Merlot LLC until 8:00 PM July 13, 2004. Very truly yours, Elizabeth ^. Southold Town Clerk cc: Town Board Town Attorney Planning Board JERILYN B. WOODHOUSE Chair RICHARD CAGGLkNO 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 To: Ms. Elizabeth Neville, Town Clerk From: Jerilyn B. Woodhouse, Chairwoman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Dr. Herodotus/Medot LLC SCTM# 1000-75-2-2 Date: June 28, 2004 The Planning Board has been informed that the Peconic Land Trust has requested of the Town Board not to close the public hearing on Tuesday, June 29th, in order to allow the Trust time to present an alternative proposal from that which was originally presented. The action that is the subject of the public hearing involves the subdividing of a 37.85 acre Parcel (SCTM# 1000-75-2-2) into 5 lots where lot 1 equals 80,008 sq. fi; lot 2 equals 80,006 sq. ft.; lot 3 equals 80,001 sq. ft.; lot 4 equals 80,000 sq. ft. and lot 5 equals 91,461 sq. ft. and 26.765 acres which were gifted to the Peconic Land Trust. The parcel is located on the north side of State Road 25, 546 feet w/o Maple Ave in Southold. The zoning district is A-C (Agricultural Conservation). The parcel is vacant. The action would create four new residential building lots and one building envelope for a potential winery. This action involves application of the provisions of Local Law No 3 of 2002, Local Law No 3 of 2003 and Local Law No 13 of 2003 to the parcel. The waiver request before the Town Board involves the following. 1. The consideration of Local Law No. 3 of 2003 Section 2., Item 6. The land area proposed for preservation of the parcel equals 71 percent and does not meet the 75 percent perpetual land preservation threshold. The Planning Board has reviewed the application and the petition dated June 9, 2004 requesting a waiver from Local Law 2, of 2002 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. The Board has concerns about recommending approval of the petition as it currently stands. However, in the interest of fairness, the Board respectfully requests giving the applicant's agent, the Peconic Land Trust, the opportunity to provide an alternative option before shaping a recommendation to the Town Board. #7011 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 24th day of June ., 2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01-VO610~ .;~ Qualified In Suff~Jk County Sworn to before me this 2004 Principal Clerk ~ dayof ~ · --NOTICE OF PUBLIC ilEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets $:05 p.m., June 29, 2004 at Southold Town Hall. 53095 public hearing on the application reque,ting a waiver from the provisions of the Local Law entilled "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 unittsl in the Town of Southold," and extensions thereoL for the minor subdivision of Dr. Herodotus Damianos/Merlol. LLC for the parcel identified as SCTM# 1000-75-2-2 (The property is located on Main Road. Southold). Dated: June 15, 20(M BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville. Town Clerk p E C O1~II C L AI'4D TRUST June 25, 2004 RECEIVED dUN 2 5 2004 C~outhold Town Cleric Elizabeth A. Neville Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 1~: Proposed Minor Subdivision of Dr. Herodotos Damianos/Merlot LLC SCTM # I000-75-2-2 Dear Ms. Neville: Resolution ff480, adopted Jane 15, 2004, sets 8:05 pm, June 29, 2004 for a public hearing on the above referenced application reqacsting a waiver t~om the provisions of the Local Law regarding the temporary moratorium. We respectfully request thc public hearing be left open as we arc in discussions with the Planning Board_ Please contact mc at 283-3195 regarding this request. Thank you. Senior Proj~t bl~3..ager cc: Pat Finnegan, Town Attorney Mark Terry. Sr. Environmental Planner 296 Hi~,tIPTON ROAD I POST O~FICE BOK 1776 [ 5OUTIiM~41~TOr'l 14EW YORK 1't969 [ PHOI',IE (6tl) Z8t-t19~ [ F&X (blt) 20¢-0711 w-w.w, pecoaiclandt ras r.or g 18 Bg~d ±S~I ENg] 3INOOBd lI&O~O~l£9 90:~0 b008/~/90 ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VIT.~L STATISTICS MARRIAGE OFFICER RECORDS M.~qAGEMENT 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.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 480 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2004: RESOLVED, that thc Town Board of the Town of Southold hereby sets 8:05 p.m.~ June 29~ 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 containino dwellin~ unit(s) in the Town of Southold"~ and extensions thereof~ for the minor subdivision of Dr. Herodotus Damianos/Merlot, LLC for the parcel identified as SCTM# 1000-75-2-2 (The property is located on Main Road, Southold). Elizabeth A. Neville Southold Town Clerk 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.~ June 29~ 2004 at Southold Toxvn Hall, 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver from the provisions of the Local Laxv 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 Toxvn of Southold", and extensions thereof, for the minor subdivision of Dr. Herodotus Damianos/Merlot, LLC for the parcel identified as SCTM# 1000-75-2-2 (The property is located on Main Road, Southold). Dated: June 15, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 24~ 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: Suffolk Times Planning Town Clerk's Bulletin Board Town Board Members Toxvn Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Toxvn Clerk of the Town of Southold, New York being duly sxvom, says that on the l ~ day of ~ ,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 Toxvn of Southold, Suffolk County, New York, to xvit: Toxvn Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: June 24~ 2004~ 8:05 p.m. (~lizab~t'h A. Ney(die - Southold Town Clerk Swom before m~this I~ day of ~ ,2004. _ Notary Public LYNDA M. BOI-IN I'IOT^RY PUBLIC, State o! New Yor~ No. 01 BO6020932 Ouatified in Suffolk Count~_, Term Expires March 8, 20 U_l ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE 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 sour holdtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 480 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2004: RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m.~ June 29~ 2004 at Southold Town Hall 53095 Main Road~ Southold~ New Yorlq for a public hearin? on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing~ Review oft 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 Southold"~ and extensions thereof~ for the minor subdivision of Dr. Herodotus Damianos/Merloh LLC for the parcel identified as SCTM# 1000-75-2-2 (The property is located on Main Road, Southold). Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~,~.RRIAGE OFFICER RECORDS i~L~qAGEMENT 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.nort hfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Re: Town Attorney Patricia Finnegan Town Planner Valcrie Scopaz~//'f~ Town Clerk Elizabeth Ncvilldk ~ ~'c/ Waiver Application of Peconic Land Trust on behalf of Dr. Herodotus Damianos/Merlot, LLC Date: June 9, 2004 Transmitted please find request of Peconic Land Trust on behalf Dr. Herodotus Damianos Merlot LLC, SCTM#1000-75-2-2. Please review and prepare a written report of your findings and recommendations. Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/09/04 Transaction(s): Moratorium Waiver Receipt#: 14166 Subtotal $250.00 Check#: 14166 Total Paid: $250.00 Name: Peconic, Land Trust P.o. Box 1776 Southampton, NY 11969 Clerk ID: LBOHN Internal ID: 95676 PECONi LAND TRUST 296 Hampton Road. EO. Box l"'6. Southampton. NY 11969 (63II 283-3195 Fax: t63D 283-0235 g~av. peco niclandt rus t.o rg June 9, 2004 Elizabeth Neville, Town Clerk Town of Southold 53095 State Route 25 PO Box 1179 Southold, NY 11971-1938 Proposed Subdivision of Elysian Field Dr. Herodotus Damianos/Merlot, LLC RECEIVED JUN 9 004 Southold Town Clerk Dear Ms. Neville: Please consider this letter a formal application to request that the "Proposed Subdivision of Elysian Field" be granted relief in the form of a waiver fi:om the provisions of Local Law No. 3 of 2002 entitled; "Local Law in relation to a Temporary Moratorium on the Processing, Review of, and making Decisions on Applications for Major Subdivisions, Minor Subdivisions, and Special Use Permits and Site Plans containing Dwelling Units{s} in the Town of Southold." Relief is being sought for the following reasons: 1. The applicant had gifted a Conservation Easement on 28.4-acres to the Peconic Land Trust post enactment of Local Law No. 3 of 2002 on August 15, 2002. 2. The preserved area does not meet the threshold in which interests or fights of property sold or gifted encompasses at least 75 percent of the entire parcel, excluding the wetland a--~a. The project consists of 37.85-acres and is located on the Main Road in Southold. A Conservation Easement was donated to the Peconic Land Trust on December 30, 2002 that extinguished the residential development rights on 28.4-acres. This consists of a 1.6384-acre private road, a 26.7654-acres (1,65902.0 sq.tt.) portion of the property ideutified on the enclosed subdivision plat as "Open Space." In addition, easement confines the potential for agricultural structures to a 2.099-acre (91,461.5 sq. lt.) development area. The plan includes four (4) proposed residential lots totaling 7.35-acres (320,016.7 sq.fi.). The property contains a wetland area that has been calculated by Senior Environmental Planner Mark Terry at .84 -acres (36,590 sq.ft.). After deducting .84 acres for the wetland area the buildable area of the project is 1,612,159.3 sq.fl. Seventy five percent (75%) of the buildable area is 1,209,119.4 sq.fi. This leaves a total of 403,039.9 sq.fi, available for development. The actual development area for the project is 411,478.2 sq. ft. Thus, the project falls short of the standard by 8,438.3 sq. ft. We respectfully ask the Town Board for a waiver according to Section 6 of Local Law No.3 of 2002 on the grounds that the waiver will not adversely effect the purpose of any provisions of Local Law No. 3 of 2002, or the health, safety or xvelfare of the Town of Southold, or any comprehensive planning being undertaken in the Town. To this end we include the folloxving: * A check in the amount of $250.00 for the processing of the application * 9 copies of the plat showing all required improvements in accordance xvith the procedures of Section A106-25, A106-27 and Articles III and IV or Chapter Al06 of the Southold Town Code * One Owner Endorsement signed by Dr. Damianos authorizing Peconic Land Trust to act as agent for this project We understand that the application will be referred to the Toxvn Board within five (5) days and the Toxvn Board shall have thirty (30) days following receipt to make a recommendation to approve or disapprove the waiver of the aforementioned Local Law. In closing, xve hope that the Town Board will take into consideration that the owner of the property, Dr. Damianos, acted in good faith at the time the subdivision plan xvas formalized which was prior to the enactment of the moratorium. In addition, Dr. Damianos donated a Conservation Easement on the 28.4-acre open area of this proposed subdivision to Peconic Land Trust prior to the moratorium and the interim law. No structures, including agricultural buildings, are allowed in the open area. Dr. Damianos, owner of Pindar Vineyards, has also furthered the Town of Southold's preservation plan by donating approximately 22 wooded acres on Jennings Road to the Town in 2001. Dr. Damianos has demonstrated, and continues to demonstrate, a commitment to the preservation of open space and agricultural land in the Town of Southold. Thank you for your attention to this matter. Sincere~ Peri L. Youmans Senior Project Malfiger Enclosures cc: Dr. Herodotus Damianos Ms. Melissa Spiro, Land Preservation Coordinator OWNER'S ENDORSEMENT STATE OF NEW YORK): SS COUNTY OF SUFFOLK) ~--__.{ ~~ ~ ['yh;Q/{hO ~, being duly swom, deposes and says: I am: (check one) a part owner in fee; or the sole owner in fee; or an officer of the corporation which is the owner in fee of the premises described in the foregoing application. I reside at: Mailing Address Hamlet/Post Office I have authorized PECONIC LAND TRUST, INC. to represent me with regard to the conservati~b~ivision~ application for SCTM#: 1000-75-2-2. (If the owner is a corporation, please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) Public g t l/ v- cHRrSTINA M, MAUCERI Notary Public, State of New York No. 01MA5053136, Suffolk County Commission Expires Decombor 11,2005 Herodotos Damianos Merlot, LLC 59 I-A- Bicycle Path Port Jefferson, NY 11776 May 7, 2004 Bennett Orlowski, Jr., Chairman Planning Board Office Town of Southold 53095 State Route 25 PO Box I 179 Southold, NY 11971-1938 Dear Mr. Orlowski: I, Herodotos Damianos, owner of thy-Property at SCTM# 1000-75-2-2 in Peconic, NY hereby authorize Peconic Land Trust, Incorporated to act as my agent and handle all necessary work involve~the subdivision process with the Southold Planning Board. Signature f// Sworn before me this II day of ~'~O~ O~00q CHRISTINA M. MAUCERI Notary Public, State of New York No. 01MA5053136, Suffolk County Commission Expires December 11,2005 SUBDI¥1SION PLAN PINDAR VINEYARDS ~I~/A /~-: SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NFIAI ¥Ot~K P1AI° ~PA~EO JUNE q, 2004 SUFFOLK OOUNTY TAX ~A~ NU~BE~ 1000-7~ 2 2 FII~E DrST~-.ICT SCHOOL DISTt~--ICT APPLICANT. No 5 Nos. C N S E <e~ i'*Top, N J7 S2P¥1C, 5/ ¢- '1 -lEI [)~T~IL TYPICAL PLOT PLAN nok ~o c¢ PATE ................. BY: ................ J 0¢ · i'dONUI'dFNT POUND PARCELS LIE IN ZONE DISTF~-ICT AC, TOTAL AF~EA = I,S4,5~f4q SE OF~ ~,85OO ACF~-ES ®R!APHIC SCALE I"= IOO' © I00 200 500 oq JOHN C. 6 EAST MAINSTREET RIVERHEAD, N.Y. Ilg0! 369-8288 Fax369-8287 EHLERS LAND SURVEYOR N.Y,S. LIC. NO. 50202 REF-\~-Ip server\dkPROS\02-324a.pro