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HomeMy WebLinkAboutSub-Four Acre Parcels within the CWPA 1988 REPORT on SUB-FOUR ACRE PARCELS within the C'W PA i' December 13, 1988 Questions have been raised concerning the effect of the Core Watershed Protection Area(CWPA) on small landowners within the area. This group of sub-four acre parcels represents less that 360 acres out of the 2,600 acres of land within the CWPA. However, while the total area of these parcels is less that 14% of the total area of the CWPA, they. do represent the bulk oflthe number of parcels. The overall plan has some impact on a total of 448 parcels of which 276 are sub-four acre lots. The sub-four acre lots, therefore, represent 61% of the total number of parcels with the CWPA. More importantly, out of the 351 parcels within the Water Protection Zone (WPZ- the area using TDRs), the 276 sub-four acre lots comprise 79% of the total. These figures make it clear that the owners of the sub-four acre lots are the majority of those affected by the CWPA and the WPZ. A review of the CWPA plan indicates that removal of these properties from the plan is not possible. There are a few areas where the concentration of these lots is particularly high, such as Oregon View Estates and Henry's Lane, but most of the lots are spread out along the major roads through the CWPA. The removal of these lots would negate the overall goals of the CWPA by creating hundreds of "holes" within the area where the lack of regulation could allow point sources of contamination. The fact that the majority of the parcels within the CWPA are sub- four acre lots, and the inability of the plan to work up to its potential should the sub-four acre lots be excluded, make clarifying the impact of the CWPA on this group of parcels particularly important. One of the most important aspects of the impact would be how the plan influences property values. Fully 87% of the sub-four acre properties are two acres or less with an additional 9% between two and three acres. The remaining 4% represent lots that range in size between three and four acres (see Table 1). Table 1 Size of Lots Number of Lots (Acres) in CWPA 0- 1 181 66 +1 - 2 59 21 +2 - 3 24 9 +3 - 4 12 4 % of Total Sub-Four Acre Lots Most of the sub-four acre parcels, perhaps as much as 96%, would be unaffected as far as property values since these lots are too small for further subdivision under present zoning. Every parcel within the WPZ is entitled to at least one residence so all sub-four acre parcels could have one dwelling assuming the lots. comply with all other applicable regulations. In ~hort, as far as density and value is concerned, the owners of 96% of the sub-four acre parcels retain the rights they now have. The remaining group of three to four acre lots, 4% of the total, is still under study. Using the presently proposed formula for TDR yield, these lots would not be of sufficient size to receive any TDRs. Yet under the current R-80 zoning, some lots, with the proper Zoning Board of Appeals approvals (which might or might not be granted), could be further subdivided. Certain consideration should be given these lots in any final plan. Perhaps a system much like that presently employed could be used where, with review and approval, the ZBA could grant this specific group of parcels a TDR, which would represent compensation for the loss of a building plot. Other impacts are the proposed regulations; no bulk storage of pesticides or fertilizers; permits needed for exposure of the water table, topsoil stripping, or land clearing; change of zoning to nonconforming use for all non-agricultural-residential properties; no lawn care or landscaping services; and above ground storage of petrochemicals. While these regulations certainly do represent some constraint on those in the CWPA, the average homeowner of a sub-four acre parcel would have little cause to be affected by them. None of these regulations would state of any property with regard to the way it change the present is being used today. The change to properties would not nonconforming use for non-agricultural-residential change any individual's right to continue to utilize a property as it is presently being used. If, at some future time, one of these properties failed to be used for its present use, it would revert to agricultural-residential. This means that maintaining the use of these properties is in the hands of its owners. Bulk storage regulations would place no burden on the average homeowner who have no need for such chemicals. Actions requiring permits (topsoil stripping, exposure of the water table, or land clearing) could, in some instances, affect the owners of sub-four acre parcels. These individuals, upon showing need and conformance with objectives of the CWPA, could be granted such permits. While this is a hinderance, it surely is a much lesser imposition than the town presen~tly places, with good reason, on property owners near wetlands. Above ground storage of petrochemicals would only be of concern to property owners if and when their present oil tank needed to be replaced. Those tanks presently in place would remain as they are with no mandatory removal unless they start to leak. Finally, are there any advantages to the owner of sub-four acre parcels as a result of the CWPA plan? The answer to this is a definite yes. The town is well aware of the need for a unified water management program and the implementation of the proposed town's water needs well into the future. What this means to the individual owner is that the water beneath his property would be the most protected and secure water within Southold Town. The quality of the groundwater under his property would be the first benefited by this program. This, by itself, would be a tremendous benefit for the property owner, but, in addition, there is a nonwater related advantage in that any individual dwelling within the CWPA could, for the most part, be assured of very little change in the state of the land surrounding his property. There will be some future construction within the WPZ but such building would be at the rate of one unit for every ten acres. This, coupled with the long term goal of increasing the amount of woodland within the CWPA, would create a preserve-like atmosphere. In turn, this should increase the value of those homes within the area, creating an added financial benefit.