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HomeMy WebLinkAboutChurch Lane Neighborhood ReportCHURCH LANE NEIGHBORHOOD REPORT TOWN of SOUTHOLD SUFFOLK COUNTY, NEW YORK Greenman-Pedersen Inc. 325 West Main Street Babylon, NY 11702 631-587-5060 in conjunction with JAC Planning Inc and Institute for Long Island Archaeology August 2003 RECEIVED Southold To,tn Clerk I I I I CHURCH LANE NEIGHBORHOOD REPORT TOWN of SOUTHOLD SUFFOLK COUNTY, NEW YORK I I I I I I I I Table of Contents V. Introduction ................................................................ History ........................................................................ Community Planning and Zoning .............................. Environmental Planning ............................................. Conclusions and Recommendations .......................... Appendix 1 Appendix 2 Cultural/Historical Research Report Community Planning and Zoning I I ! I I I I I I I I I I ! I I I I I I I i I I I I Introduction At the request of the Southold Town Board, GPI, in conjunction with JAC Inc., and the Institute for Long Island Archaeology (Department of Anthropology, State University of New York at Stony brook), has undertaken a planning, environmental, and cultural analysis of a portion of the Town. The study area consists the area bounded by North Road on the south, Cox Lane on the east, Oregon Road on the north, and Depot Lane on the west. This area totals approximately 250 acres. This has been further refined into a primary study area, consisting of approximately 15 single and separate properties known as the Church Lane neighborhood, totaling slightly less than six acres, and a secondary study area, which comprises the remainder of the described property. Prior to 1989, the majority of the primary study area, the Church Lane neighborhood, was zoned as Residential Agricultural. As part of the 1989 overhaul of the Town Zoning Code, the primary study area was rezoned to Light Industrial (LI) and Light Industrial Park/Planned Office Park (LIO). This rezoning was in response to concerns that the presence of a residential community immediately adjacent to the "Town Dump" presented unacceptable land use conflicts, necessitating "relocation" of the Church Lane residents. Unfortunately, the historical and cultural significance of the Church Lane neighborhood was not a paramount concern in the rezoning analysis. The 1989 zoning code amendments also established the present zoning of the secondary study, which is LIO between the western boundary of the Church Lane neighborhood and Cox Lane, and Light Industrial (LI) between the western boundary of the Church Lane Community and Depot Lane. 1 I I I I I ! ! I I I I I I I I I I I I The purpose of this study is to examine the cultural and historical significance of the Church Lane neighborhood, determine if that significance mandates preservation of the neighborhood, and, if so, recommend appropriate zoning to ensure the continuance of this community. 2 i I I I I I I I I I ! I I I I I I I II. History, African-Americans have been residents of the east end of Long Island for nearly as long as the Euro-Americans. However, unlike the European settlers, virtually all of the Africans who arrived in New England and the eastern end of Long Island during this early period were brought here against their will. Twenty-seven slaves were identified among 113 whites in the Southold census records for 1687, "some of whom may have been Corchaugs but the majority of whom were Africans". These individuals were visible in eastern Long Island society, and many African and Native Americans attended European churches, such as the Cutchogue Presbyterian Church, until the nineteenth century. With the passage of the Gradual Emancipation Act in 1799, enslaved New Yorkers were little by little manumitted (although some Africans and Native Americans remained legally enslaved in New York until 1827). African-Americans organized churches, schools, and other organizations throughout New York, thereby meeting basic social needs and affirming a sense of community. The establishment of a church was usually central in the construction of community identity, and served to represent the freedom of Africans in the nineteenth century. Throughout Long Island, African American settlements were often located (geographically) around an African Methodist Episcopal, AME Zion, or Baptist Church. By the late nineteenth century, many southern African-Americans had migrated to New York City, and by the early twentieth century, there was a growing population of southern African-Americans on the east end of Long Island. Like other blacks from the American south, these individuals migrated north in search of employment and better opportunities for themselves and their families. Those who traveled to the east end of Long Island typically sought 3 I I I I I I I I I I i I I I I I I I employment in farming. By this time, farmers of Polish and Irish descent maintained farms on the North Fork alongside the few remaining descendants of the early English settlers. During the late nineteenth and early twentieth centuries, southern blacks migrated to Long Island's east end and lived and worked alongside the descendants of the earliest African inhabitants (enslaved and free) of the North Fork. These immigrants often attended the churches and joined the organizations that were previously established by Long Island African-Americans in the nineteenth century. In addition, as small enclaves of African-Americans settled throughout the east end, new churches and organizations were established. The migration of individuals to the north in search of farm labor following World War I is referred to as the Great Migration. Initially, many of the laborers traveled to the north for seasonal employment, but eventually, many of these migrant workers established more permanent homes for themselves and their families on Long Island. Like those before them, twentieth century African-American immigrants created communities that often surrounded a house of worship. The Church Lane neighborhood is one such community, and the only still extant in the Town of Southold, outside of the Village of Greenport. Current residents of this neighborhood include second or third generation descendants of African-American immigrants who settled in this locale in the 1920s and 1930s. These residents have extensive memories, particularly regarding family histories, of African-American life on the east end of Long Island, and of the community that has come to be commonly called Church Lane. Preliminary research has been unable to ascertain where most of the early twentieth century African-American immigrants resided prior to settling at Church Lane. The Cutchogue 4 I I I I I I I I I I I I I I I I I I I Labor Camp on Cox Lane was not established until the mid 1940s, and many of the laborers lived "in tiny shacks or bungalows" on the farms where they were employed. They often met for worship in an old building (possibly an old school or church) on Oregon Road and, by 1924, they organized the First Baptist Church of Cutchogue. In 1928, the First Baptist Church of Cutchogue was incorporated, and Reverend E. A. Green, Anderson Cook, John Jacobs, Gilbert Davis, William Brown, and Kelso Cosby were named its trustees. The original congregation of the First Baptist Church continued to worship in the old building on Oregon Road until funds were raised to purchase the present site on Middle Road. In a deed dated December 15, 1925, five of the six trustees are named in the purchase of land on behalf of the First Baptist Church of Cutchogue. The church purchased this land, including the present site of the church, from Frank and Anna McBride for $866. This location has been identified as "the only place in the North Fork town where whites would sell land to blacks". The McBride family is still fanning in Cutchogue, and much of their farmland remains north of the Church Lane community near Oregon Road. During the 1920s and 1930s, many of the founders and/or original congregation members of the First Baptist Church worked on farms owned by the McBride, Glover, Tuthill, and Wickham families. In 1929, the church began to sell portions of its property to congregation members, who in turn, established homes on the land surrounding the First Baptist Church of Cutchogue. Several deeds dating to 1929 and 1930 are evidence of the sale of small portions of church lands to its trustees for the amount of $1.00 each. Personal communications with current and former residents of Church Lane indicates that the current properties and homes surrounding the church were inhabited by original congregation members starting around the 1930s. Wyche, 5 I I I I I I I I I I I I I I I I I I Taylor, Ford, Brown, and Mason are the names of some of the original African-American residents of the community. In 1933, James and Ida Mason, both formerly of Emporia, Virginia, lived in a house behind the church on Tuthill Lane. Also on Tuthill Lane, Bell and George Taylor lived next to Sam and Sue Wyche Brown (currently the northernmost property within the Church Lane neighborhood west of Tuthill Lane). Reverend Green resided in the red house next to the church. Most of this property appears to have been purchased from the church in the 1930s. To the east of the First Baptist Church of Cutchogue, two lots are presently inhabited by the Taylor family. Around the 1920s and 1930s, Jennie and Nathan Harris (ancestors of the current Taylor inhabitants) migrated to the North Fork from Virginia. The Harris' purchased the property from Mr. Wickham, a farmer, and they then moved two houses from Mattituck to the newly-purchased property. The present Town of Southold capped landfill that borders the Church Lane community on the north began operation immediately following the infamous hurricane of 1938. Debris from the clean-up of the destruction caused by the hurricane was disposed of in this parcel, and thereafter it remained a dumping ground for the town. The residents remained in the community, even as the dump grew to encompass the entire northern border of the Church Lane neighborhood. The community remained predominantly African-American throughout the remainder of the twentieth century. Migration of laborers to the North Fork continued during this period (especially between the 1940s and 1960s), and some of the new arrivals came to reside in the Church Lane neighborhood. Needless to say, living conditions were better here than in the 6 I I I I ! I I I I I I I I I I I I I I labor camps and farms comprising the so-called "Migrant Alley" of the North Fork For African-Americans, life on the east end of Long Island during the twentieth century was constantly touched by racism. In the 1910s and 1920s, the Ku Klux Klan had an active chapter on the North Fork, and some of the local farmers and businessmen were participants in the activities of this notorious organization. Exclusionary housing practices were prevalent in many areas of Long Island throughout much of the twentieth century, and organized efforts aimed at "preserving existing housing patterns" were not uncommon. Many African Americans on Long Island, like the inhabitants of Church Lane, had limited residential options during this period. They bought land where they could, and in the case of Church Lane, were successful in establishing strong, cohesive, and persistent communities. The contemporary Church Lane neighborhood descends directly from the original community formed by African-American farm workers in the 1920s and 1930s. Descendants of the original settlers reside in the community, and are employed in a variety of occupations. Many residents are actively involved in the First Baptist Church, a congregation that has now grown to include residents of various communities in the Towns of Southold, Riverhead, and Southampton. I I I I I I I I I I I I I I I I I I III Community Planning and Zoning 1. Existing Zoning The propose of the LIO classification is to encourage the development of planned industrial and office park uses, while the LI district promotes general industrial development. Another difference between the two industrial classifications is the minimum lot requirement for each district, which is 40,000 square feet for the LI district, as compared with 120,000 square feet for the LIO district. Furthermore, the LIO district has a more restrictive lot coverage requirement relative to the LI zone, with the LIO district allowing twenty (20) percent coverage and the LI zone allowing a greater coverage of thirty (30) percent. The 1989 rezoning created a land use issue for the Chumh Lane Neighborhood. This area already had a significant number of non-industrial uses, including nine (9) residential homes and the First Baptist Church of Cutchogue. At the time of the zoning revisions, it was anticipated that, eventually, these uses would be phased out and converted to industrial uses. However, it is evident that this assumption has not been realized, with non-conforming residential uses remaining in the Church Lane Neighborhood today. 2. Existing Land' Use The Church Lane Neighborhood is presently comprised of non-industrial uses, including nine (9) single-family residences and the First Baptist Church of Cutchogue. The residential homes are situated on relatively small lots, ranging fi.om approximately I0,000 to 22,000 square feet. Dispersed throughout the residential area are three (3) vacant parcels, which are each approximately one-half acre in size. At least two of the three vacant parcels have been purchased by individuals 8 I I I I I I I I I i I I I I I I I I wishing to develop the parcels for industrial use. Within the focus area, there are a total of fifteen (15) separate tax parcels, as well as two transportation related right-of-ways owned by the Town.. Outside of the residential area, land use consists of a mixture of commercial, industrial and municipal activities. A multi-tenant industrial facility occupied by a broad range of commercial and industrial uses lies at the intersection of Middle Road and Cox Lane. Extending northward along Cox's Lane, the land use pattern is comprised of various commemial and industrial activities. Such activities include an asphalt company, a gravel and mixing operation, marine services, a sanitation and transfer station and auto related businesses. The remaining perimeter of the study area is dominated by farm use and related buildings, with the exception of a junkyard located to the west of the intersection of Oregon Road and Cox Lane. Included in this perimeter are the remaining properties along Oregon Road and Depot Lane. Essentially, the farm uses extend from the perimeter roads to the former Southold landfill, which is central to the study area. 3. Planning and Zoning Analysis The potential for properties in the Church Lane Neighborhood to be used for industrial purposes as envisioned in the 1989 re-zonings is severely limited, especially compared with the larger tracts of industrial land with no established industrial uses present in the remainder of the study area. This determination is evidenced by the lack of industrial uses within the Church Lane Neighborhood to date. As Nelson, Pope & Voorhis, LLC has documented in their previous study of the Cutchogue Industrial Area, industrial use within the Church Lane Neighborhood has proven difficult for several 9 I I I I I I I I I I I I I I I I I I masons related to the current land use pattern within the residential area and the economics that guide land development. Due to the availability and size of the vacant parcels, and the cost of purchasing improved residential properties, the ability for an industrial developer to assemble a site for industrial use is severely limited. Because parcel sizes range from 10,000 - 22,000 square feet, or less than one acre, and therefore do not individually meet the minimum lot size required by zoning, a developer would have to purchase at least two or three parcels to achieve a 40,000 square- foot industrial site. Consolidation of properties is costly and potentially difficult due to the remaining residential uses. In order to achieve a one acre industrial site, the assemblage costs to a developer would most likely exceed two hundred thousand dollars ($200,000). As a result, future potential developers could be expected to seek variances to construct buildings and uses on lots smaller in size than intended by zoning. Industrial uses on smaller lots could result in numerous small uses, with inadequate parking and buffering and access constraints. Conversely, the properties in the outlying areas of the Church Lane Neighborhood are far more suited to industrial growth based on both land use and zoning considerations. For example, the vacant properties may be subdivided into industrial sites with sufficient area to accommodate modem industrial developments. Larger land areas can be subdivided to provide suitable mad access and drainage, as well as lot sizes conforming to either L1 or LIO zoning requirements. Ample mom for facility construction, required parking and landscape amenities exist on individual industrial sites. In addition, the sites have easy access to appropriate transportation corridors. This observation is supported by the request that was made by a developer last year to create a new industrial subdivision at the intersection of Depot Lane and Middle Road. The future expansion of industrial development throughout the primary study area may have 10 I I I I I I I I I I I I I I I I I I a negative impact on the residential uses in the Church Lane Neighborhood. Factors associated with industrial activities such as noise and traffic may undermine the residential values of the subject properties and limit the improvement of the area. Quality of life poses another concern for inviting industry into a residential area. Based on surveys conducted for this study, residents of the Church Lane Neighborhood are angered by the potential for industrial uses to develop within their residential community. Many are worried that industrial development will degrade their quality of life and are concerned about the safety of their children. 4. Conformance of Land Use to Master Plan The Town's vision for its future is defined by a clearly articulated set of goals. These goals were described in the Town's 1985 Master Plan Update and reaffirmed in later reports commissioned by the Town. The Master Plan Update was developed by the Town Planning Board based on the work of its Consultants and input from the public. This Plan was the Planning Board's recommendation to the Town Board. The Master Plan Update proposed that "the goals of the Town reflect the Town's interest in preserving and enhancing the natural and built environment and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale of development, availability of water, existing sensitive environment of the Town and its historic heritage." Included in these goals were preservation of the existing housing stock and providing the oppommity for the development of a variety of housing types. The pattern of land use proposed in the Master Plan Update encouraged residential development to locate in and around existing hamlets "in order to preserve and enhance the historic and cultural centers of the community, to support existing commercial centers, to provide locations 11 I I I I I I I I I I I I I I I I I I for moderately priced housing and to encourage efficient and effective provision of community facilities and services" and for commercial development to locate in hamlet centers. The Plan identified Mattituck, Cutchogue, Southold and Orient as major hamlet centers that should "continue to be the residential-business-service centers of the Town". The 1989 zoning contradicted many of the proposed goals in the Master Plan Update in that large areas of residential zoning from within the study area were removed, thereby attempting to phase out residential uses in the area and remove existing housing stock, while degrading the historic, cultural area known as the Church Lane Neighborhood and diminishing the area's "sense of place" for its residents. Furthermore, by allowing industrial uses to develop alongside the residential core of the study area, the new zoning failed to provide an adequate transition area between the hamlet industrial and residential districts. The present land use situation in the study area shows non-conformance to the Town's Master Plan. Rezoning the area for residential use would enable the Church Lane Neighborhood to thrive as an established residential community with extensive history and vibrant culture, thereby aiding the Town in realizing its vision for the future. 5. Zoning Alternatives Proper zoning for the Church Lane Neighborhood is necessary in order to protect and enhance the residential quality of life for its residents. This could be accomplished by rezoning the Church Lane Neighborhood to the Low Density Residential R-40 designation. The purpose of the R-40 district is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions will allow for the development of approximately one (1) dwelling per acre and where open space and agricultural preservation are not critical. 12 I I I I I I I I I I I i I I I I I I To allow spot industrial use within any residential area while a land use transition occurs would negatively impact existing residences for an undetermined amount of time. Industrial development within the existing residential area would be on substandard lots, creating unsightly developments along the CR48 corridor - a visual effect that would not be in conformance to the Town's stated goal of preserving its visual amenities along this corridor. ' By rezoning the Church Lane Neighborhood for residential use, the cultural integrity, existing housing stock, historical value, "sense of place" and quality of life of the residential area would be preserved. This would be consistent with the Town's goals for its future, as outlined in the Master Plan Update. Rezoning the Chumh Lane Neighborhood for residential use could create an opportunity to construct some affordable housing units, consistent with the existing density in the Church Lane community, on the vacant parcels within the residential area. The Town could accomplish this by entering into a public/private partnership using town, county and state resources, and, if necessary, the expertise of a non-profit housing group. Community Development funds could be dedicated towards neighborhood infrastructure improvements such as sidewalks and roads. The Town's vision to expand its inventory of industrial properties mad strengthen its economic base would not be undermined by the rezoning, due to the fact that industrial use would continue to develop in the large tracts of land surrounding the Church Lane Neighborhood, where the LI and LIO designations would remain. The residential area represents only about 2.3 percent of the total industrial acreage within the industrial district in Cutchogue. Remaining acreage has the potential to be developed in a more orderly, environmentally and aesthetically compatible manner. In addition, the vision of providing high quality industrial growth potential on 40,000 square foot 13 I I I I I I I I I I t I I I I I ! I i or larger lots, with appropriate access and buffering, would be advanced as a result of the rezoning. 14 I I I I I I I I I I i i I I i 1 I i IV Environmental Planning As noted in the introduction, the primary justification for the 1989 rezoning of the Church Lane neighborhood was the existence of land use conflicts with the "Town Dump". The adverse impacts of landfills on a groundwater, air quality, and quality of life were well documented, and the rezoning was a well- intentioned, albeit misguided, attempt to resolve these impacts on adjoining residential property. Clearly, the rezoning did not have the intended effect. In addition, there have been some significant land use changes in the secondary study area which require reevaluation of the conflicts identified in 1989. Following is a discussion of the various environmental issues with emphasis on their relevancy to the Chumh Lane neighborhood. 1. Landfill. As a result of state environmental regulations, the town landfill has been phased out and the property remediated. The entire landfill area has been furnished with an impervious cap to prevent the generation of additional leachate. The Church Lane neighborhood has been connected to the Suffolk County Water Authority water mains, so the concern over private well pumping from leachate contaminated groundwater has been alleviated. There is a significant trend on Long Island for remediated municipal landfills to transition from eyesore to asset. As an example, the Town of Hempstead landfill now supports a very popular park and nature preserve. At the present time, Southold's capped landfill has been covered with topsoil and seeded, and is in a grow-in period of turfgrass establishment. The capped landfill will not support structures, which severely limits the use to which it can be put. However, it is ideally suited for park and open space purposes, and has the potential to evolve into a premiere town park facility. It should now be 15 I I I I I I I I ! I I I I I I 1 I i considered a potential asset to nearby residential areas, including the Church Lane neighborhood. 2. Town Solid Waste Transfer and Ree¥clinll Center. This facility is located immediately behind the easternmost parcels of the Church Lane neighborhood. The major complaints regarding the solid waste and recycling operations are noise and, when wind blows from the north, trash blowing onto the residential properties. At the present time, the town is considering the construction of a noise barrier along the northern boundary of the residentialproperties, immediately adjacent to the transfer station. Such a structure will provide significant noise abatement for the residents. In addition, the height of the barrier, estimated at 12 feet, will significantly cut down on the ability of windblown trash to cross the property line. As an additional long term mitigation measure, the Town should consider an evaluation of best management practices which may be available for implementation, which could possibly improve operation of this facility. 3.Town Compost Faeilitw. The Town yard waste composting facility is located immediately west and north of the western portion of the Church Lane community. The primary concerns with this operation are those related to air quality, including odors and mold spores. In addition, residents have complained that poor drainage at the compost facility causes water to pond; facilitating the breeding of mosquitoes. Part of the problem with the composting operation is that the size of the facility has been reduced by the staging area for the landfill capping operation. Now that the capping is complete, the compost operation should run more efficiently. The Town has established a vegetative 16 I I I I I I I I I I I I I i I I I I I screen between the residences and the compost facility. This border should be maintained and reinforced to provide maximum density. The Town should address the drainage issue and aggressively address the mosquito problem, including the placement of BT larvacide in any areas of standing water on a weekly basis. In addition, as a long term mitigation measure, the Town should undertake an evaluation of best management practices for the compost facility, to determine if procedures or equipment upgrades could prevent odor generation. 17 I I I I I I I I I I I I I i I I I I V. Conclusions and Recommendations The Church Lane neighborhood is one of the few African-American communities in the Town of Southol~d. It was established in the early part of the last century, and the families who have maintained homes there since that time have cultural roots to the establishment of the North Fork's coveted agricultural industry. The continued existence of this unique historic settlement is jeopardized by its current industrial zoning classification. Previous land use conflicts between the Town landfill an the residential use of the Church Lane neighborhood arc greatly reduced, as the landfill has been capped, and this facility must be considered a tong term open space and parkland asset to the neighborhood. The solid waste transfer and recycling center, and the yard waste composting facility still provide land use conflicts, but these are being mitigated by provisions for a noise barrier and a vegetative border. Additional mitigation is anticipated as best management practices are implemented, and as technology for transfer, recycling, and composting improves. It is clear from the analysis that, on the basis of cultural resources, land use, and the Town's established planning goals, the Church Lane neighborhood, including the two residences east of thc transfer station entrance, should be rezoned to Residential R-40. 18 I I I I I I I I I I I I I I I I I I I APPENDIX 1 Cultural/Historical Research Report 19 I I I I I I I I I I I I I I I I I I I CHURCH LANE NEIGHBORHOOD PLAN HISTORICAL AND CULTURAL RESEARCH TOWN of SOUTHOLD SUFFOLK COUNTY, NEW YORK AUTHORS: David J. Bernstein, Ph.D. Allison Manfra The Institute for Long Island Archaeology Department of Anthropology State University of New York at Stony Brook Stony Brook, New York 11794-4364 August 2003 I I I I I I I I I I I I I I I I I I CHURCH LANE NEIGHBORHOOD This report presents the results of a program of historical and cultural research that was conducted on the Church Lane Neighborhood, an African-American community in the hamlet of Cutchogue, Town of Southold, Suffolk County, New York. The Church Lane neighborhood, comprising just under six acres, is located just north of Middle Koad (County Koute 48), and encompasses homes on both sides of Tuthill and Church Lanes. A capped landfill forms the northern boundary of the neighborhood, while Middle Koad borders the community on the south. This study was performed as part of the Neighborhood Plan being prepared by the firm of Greenman-Pedersen, Inc. for the Town of Southold. RESEARCH METHODS AND ACKNOWLEDGMENTS A variety of sources were consulted during the course of this research project. Research on the history of the Church Lane neighborhood was greatly assisted by Antonia Booth, the Southold Town Historian, and Denise Koss, the Clerk of the First Baptist Church of Cutchogue. Useful secondary sources, especially newspaper and magazine articles, were found in the files of the Town Historian, the Whitaker Collection at the Southold Free Library, and the Clerk of the First Baptist Church of Cutchogue. Original documents, including property deeds and the Certificate of Incorporation for the First Baptist Church of Cutchogue were located at the Suffolk County Clerk's Office in Kiverhead, and through consultation with the Clerk of the First Baptist Church of Cutchogue. In addition, relevant historical sources were consulted at the Institute for I I I I I I I I I I I I I I I I I I Long Island Archaeology (including the Ceci Collection) and the Frank Melville Junior Memorial Library at the State University of New York at Stony Brook. Staffat the Society for the Preservation of Long Island Antiquities provided help tracking down some of the sources used in this research. Most of what was learned of the history of the Church Lane neighborhood during the course of this project was through oral accounts. A number of individuals generously recounted their family's history and their recollections of earlier times on the North Shore of Long Island. Interviews were conducted with two members of the community in July 2003; Barbara Taylor on July 22 and Denise Ross on July 29. Both of these women graciously shared information about the history of settlement at Church Lane, and Mrs. Ross contributed a substantial amount of material about the First Baptist Church of Cutchogue. ltlSTORICAL BACKGROUND AND CONTEXT The English permanently settled the eastern end of Long Island, including Southold on the North Fork, in the middle of the seventeenth century. At the time of the European arrival, the North Fork was inhabited by the Corchaug Indians, speakers of the Mohegan-Pequot-Montauk Alogonquian language (Salwen 1978). There are conflicting reports concerning the original settlement of the Town of Southold, a situation that is exacerbated by the fact that town records dating prior to 1651 are not available (Munsell 1882). However, it is generally believed that in 1640 a group of Puritan settlers from New Haven obtained a grant from James Farret (Lord Stirling's deputy in the New Haven colony) to acquire eight square miles of land on the North Fork. By 1655, the town included all of the lands from Wading River to Plum Island, bounded I I I I I I I I i I I I I I I I I I I by Long Island Sound to the north and Peconic Bay to the south (Munsell 1882:9-10). From the outset, the foundation of Southold's economy was agricultural; a legacy that continues to the present day. Many of the early proprietors and settlers were farmers in Europe, and they persisted in this occupation after their arrival in the Town of Southold (Griffin 1857; Hazelton 1925; Wick 1996). Throughout the seventeenth and eighteenth centuries, land was continually cleared for agricultural use. During this period, goods produced beyond what was needed locally, were frequently traded to settlements in Connecticut (Bayles 1874). Life on the North Fork, and throughout Long Island, was severely impacted by the events of the American Revolution. Long Island was used as a major source for provisioning British troops, and the local agrarian economy was disrupted as the British stripped the region of food, timber, and herd animals (Jefferson 1932; Luke and Venables 1976). After the end of the war, the local economy gradually recovered, and the Town of Southold remained largely agricultural throughout the nineteenth centu~. The farms that lined Middle Road near the modem Church Lane community produced large quantities of potatoes, cauliflower, brussels sprouts, strawberries, cranberries, dairy products, and eggs. When the Europeans arrived in New York and throughout the Americas, the institution of slavery arrived with them. Europeans relied on a diverse labor source, comprised of free and enslaved Africans and Native Americans, as well as indentured Europeans. Slaveholding was a common practice through the eighteenth century and many Euro-American families on eastern Long Island held small numbers of enslaved laborers to work in their fields and homes. As attitudes about slavery changed in the late eighteenth century, the number of slaves represented in census records decreased. However, African Americans, Native Americans, and poor whites I I I I I I I I I I I I I I I I I I I continued to work for those more prosperous Euro-American farmers who were descendent of the early European settlers. African-Americans have been residents of the east end of Long Island for nearly as long as the Euro-Americans. However, unlike the European settlers, virtually all of the Africans who arrived in New England and the eastern end of Long Island during this early period were brought here against their will. Twenty-seven slaves were identified among 113 whites in the Southold census records for 1687, "some of whom may have been Corchaugs but the majority of whom were Africans" (Wick 1996:50). These individuals were visible in eastern Long Island society, and many African and Native Americans attended European churches, such as the Cutchogue Presbyterian Church, until the nineteenth century. With the passage of the Gradual Emancipation Act in 1799, enslaved New Yorkers were little by little manumitted (although some Africans and Native Americans remained legally enslaved in New York until 1827). Aftican-Americans organized churches, schools, and other organizations throughout New York, thereby meeting basic social needs and affirming a sense of community (Berlin 1980; Perlman 1971; Watkins 1991). The establishment of a church was usually central in the construction of community identity, and served to represent the freedom of Africans in the nineteenth century (Day 1997:54). Throughout Long Island, African American settlements were often located (geographically) around an African Methodist Episcopal, AME Zion, or Baptist Church (Day 1997:54). By the late nineteenth century, many southern African-Americans had migrated to New York City (Watkins 1991), and by the early twentieth century, there was a growing population of southern African-Americans on the east end of Long Island. Like other blacks from the 4 I I I I I I I I i I I I I I I I I I American south, these individuals migrated north in search of employment and better opportunities for themselves and their families. Those who traveled to the east end of Long Island typically sought employment in farming. By this time, farmers of Polish and Irish descent maintained farms on the North Fork alongside the few remaining descendants of the early English settlers. THE CHURCH LANE NEIGHBORHOOD During the late nineteenth and early twentieth centuries, southern blacks (especially from Virginia and the Carolinas) migrated to Long Island's east end and lived and work alongside the descendants of the earliest African inhabitants (enslaved and free) of the North Fork. These immigrants often attended the churches and joined the organizations that were previously established by Long Island African-Americans in the nineteenth century. In addition, as small enclaves of African-Americans settled throughout the east end, new churches and organizations were established (Day 1997:109). The migration of individuals to the north in search of farm labor following World War I is referred to as the Great Migration (Day 1997; Watkins 1991). Initially, many of the laborers traveled to the north for seasonal employment, but eventually, many of these migrant workers established more permanent homes for themselves and their families on Long Island. Like those before them, twentieth century African-American immigrants created communities that often surrounded a house of worship. The Church Lane neighborhood is an unique example of one such community in the Town of Southold. Current residents of this neighborhood include second or third generation descendants of 5 I I I I I I I I I I I I I I I I I I I African-American immigrants who settled in this locale in the 1920s and 1930s. These residents have extensive memories (particularly regarding family histories) of African-American life on the east end of Long Island, and of the community that has come to be commonly called (especially in the press) Church Lane. Preliminary research has been unable to ascertain where most of the early twentieth century African-American immigrants resided prior to settling at Church Lane. The Cutchogue Labor Camp on Cox Lane was not established until the mid 1940s (Smith 1950), and it is probably the case that many of the laborers lived "in tiny shacks or bungalows" on the farms where they were employed (Wick 1990:11). They often met for worship in an old building (possibly an old school or church) on Oregon Road and, by 1924, they organized the First Baptist Church of Cutchogue (Booth n.d.; Jenkins 1949; Ross n.d.). In 1928, the First Baptist Church of Cutchogue was incorporated, and Reverend E. A. Green, Anderson Cook, John Jacobs, Gilbert Davis, William Brown, and Kelso Cosby were named its trustees (Liber 18 of Certificates of Incorporation, page 341). The original congregation of the First Baptist Church continued to worship in the old building on Oregon Road until funds were raised to purchase the present site on Middle Road (Jenkins 1947). In a deed dated December 15, 1925, five of the six trustees are named in the purchase of land on behalf of the First Baptist Church of Cutchogue. The church purchased this land, including the present site of the church, from Frank and Anna McBride for $866 (Liber 1164 of deeds, page 227). This location has been identified as "the only place in the North Fork town where whites would sell land to blacks" (Day 2003). The McBride family is still farming in Cutchogue, and much of their farmland remains north of the Church Lane community near I I I I I I I I I I I I I ! I I I I Oregon Road (Wick 1996). During the 1920s and 1930s, many of the founders and/or original congregation members of the First Baptist Church worked on farms owned by the McBride, Glover, Tuthill, and Wickham families (Wick 1996). In 1929, the church began to sell portions of its property to congregation members, who in turn, established homes on the land surrounding the First Baptist Church of Cutchogue. Several deeds dating to 1929 and 1930 are evidence of the sale of small portions of church lands to its trustees (including Reverend E. A. Green, Anderson Cook, and others) for the amount of $1.00 each. Personal communications with current and former residents of Church Lane indicates that the current properties and homes surrounding the church were inhabited by original congregation members starting around the 1930s. Wyche, Taylor, Ford, Brown, and Mason are the names of some of the original African-American residents of the community (Ross 2003). In 1933, James and Ida Mason, both formerly of Emporia, Virginia, lived in a house behind the church on Tuthill Lane (Taylor 2003, Wick 1990). Also on Tuthill Lane, Bell and George Taylor lived next to Sam and Sue Wyche Brown (currently the northernmost property within the Church Lane neighborhood west of Tuthill Lane) (Taylor 2003). Reverend Green resided in the extant red house next to the church (Ross 2003). Most of this property appears to have been purchased from the church in the 1930s. To the east of the First Baptist Church of Cutchogue, two lots are presently inhabited by the Taylor family. Around the 1920s and 1930s, Jennie and Nathan Hams (ancestors of the current Taylor inhabitants) migrated to the North Fork from Virginia. The Ha~is' purchased the property from Mr. Wmkham (possibly Tom Wmkham's father), a farmer, and they then moved I I I I I I I I I i I I I I I I I i two houses from Mattituck to the newly-purchased property (Taylor 2003). Nathan Hams worked on Mr. Wickham's farm (Wick 1996:91). The present capped landfill that borders the Church Lane community on the north began operation immediately following the infamous hurricane of 1938. Debris from the clean-up of the destruction caused by the hurricane was disposed of in this parcel, and thereafter it remained a dumping ground for the town (Newsday 2003). The residents remained in the community, even as the landfill grew to encompass the entire northern border of the Church Lane neighborhood. The community remained predominantly African-American throughout the remainder of the twentieth century. Migration of laborers to the North Fork continued during this period (especially between the 1940s and 1960s), and some of the new arrivals came to reside in the Church Lane neighborhood. Needless to say, living conditions were better here than in the labor camps and farms comprising the so-called "Migrant Alley" of the North Fork (Brown 2003; Wick 1996). For African-Americans, life on the east end of Long Island during the twentieth century was constantly touched by racism. In the 1910s and 1920s, the Ku Klux Klan had an active chapter on the North Fork (and elsewhere on Long Island), and some of the local farmers and businessmen were participants in the activities of this notorious organization (Wick 1996:90). Although most of the Klan's hostilities were reported to have been directed toward the "foreign-bom," Catholics, and Jews (Bookbinder 1998:191; Wick 1996:90), one would expect that their activities did not go unnoticed by African-Americans. Exclusionary housing practices were prevalent in many areas of Long Island throughout much of the twentieth century, and organized efforts aimed at "preserving existing housing patterns" were not uncommon (Bookbinder 1998:192). Many African Americans on Long Island, like the inhabitants of Church Lane, had limited residential options during this period. They bought land where they could, and in the case of Church Lane, were successful in establishing strong, cohesive, and persistent conununities. The comemporary Church Lane neighborhood descends directly from the original community formed by African-American farm workers in the 1920s and 1930s. Descendants of the original settlers reside in the community (and elsewhere on the eastern end of Long Island), and are employed in a variety of occupations. Many residents are actively involved in the First Baptist Church, a congregation that has now grown to include residents of various communities in the Towns of Southold, Riverhead, and Southampton. BIBLIOGRAPItY Bayles, Richard M. 1874 Historical and Descriptive Sketches of Suffolk County. Published by the author, Port Jefferson, New York. Bookbinder, Bernie 1998 Long Island: People and Places, Past and Present. Harry N. Abrams, Inc., New York. Berlin, Ira 1980 Time, Space, and the Evolution of Afro-American Society on British Mainland North America. American Historical Review 85(1):44-7& Booth, Antonia n.d. The First Baptist Church of Cutchogue. Unpublished ms, Office of the Southold Town Historian. Brown, Joye 2003 The Hard Life in Migrant Alley. Electronic document http://www.newsday.com/extras/lihistory/8/hs815g.htm, accessed July 17, 2003. Day, Lynda 2003 1997 Quick, Before It's Gone: Cutchogue's Tiny Black Enclave is a Piece of Locai History Worth Saving. Newsday 15 June:A29. Making a Way to Freedom: A History of African Americans on Long Island. Empire State Books, New York. Domatob, Jerry Komia 2001 African Americans of Eastern Long Island Arcadia Publishing, South Carolina. Griffin, Augustus 1857 Griffin's Journal: First Settlers of Southold Orient, New York. Hazelton, Henry Isham 1925 The Boroughs of Brooklyn and Queens, Counties of Nassau and Suffolk, Long Island, New York, 1609-1924. Lewis Historical Publishing Company, Inc., New York. Jefferson, Wayland 1932 Southold and its People in the Revolutionary Days. Long Island Traveler Print, Southold, New York. 10 1 I I I I I I I I I I I I I ! I I I I Jenkins, Lucy T. 1949 Baptist Church makes its 25th Anniversary. Watchman. June 23. Luke, Myron H. and Robert W. Venables 1976 Long Island in the American Revolution. New York State American Revolution Bicentennial Commission, Albany. Munsell, William W. 1882 History of Suffolk County, New York 1683-1882. W. W. Munsell and Company, New York. Newsday [Long Island, New York] 2003 Southold Should Right an Old Wrong on Church Lane, 17 April:A38. Perlman, Daniel 1971 Organizations of the Free Negro in New York City, 1800-1860. Journal of Negro History 56(3): 181-197. Ross, Denise 2003 Personal communication. Historical account of the First Baptist Church of Cutchogue. Unpublished. Salwen, Bert 1978 Indians of Southern New England and Long Island: Early Period. In Handbook of North American Indians, Volume 15, edited by Brace Trigger, pp. 160-176. Smithsonian Institution, Washington, D.C. Smith, Bob 1950 Eastern Suffolk Co-operative's Camp at Cutchogue has Grown into a Small Village Providing Housing for Migrant Workers and their Families. Long Island Traveler, September 28. Taylor, Barbara 2003 Personal communication. Thomson, Benjamin F. 1839 A History of Long Island, Containing an Account of the Discovery and the Settlement. E. French, New York. Watkins, Ralph 1991 A Survey of the African American Presence in the History of the Downstate New York Area. Afro-Americans in New York Life and History 15(1):53-79 11 I I I I I I I I I I I I I ! I I I I I Wick, Steve 1996 1990 Heaven and Earth: the Last Farmers of the North Fork. St. Martin's Press, New York. Thanksgiving Amid the Ashes: Little Church's Power Part of the Fabric of Cutchogue. Newsday (East End Edition) 25 November. 12 I I I I I I I I I I I I I I I I I I I APPENDIX 2 Community Planning and Zoning Q:\PROJECTS~003X2003320\ChumhLaneStudydraft.doc 20 I I I i I I ! I I I I I I I I I I I I CHURCH LANE NEIGHBORHOOD PLAN COMMUNITY PLANNING and ZONING TOWN of SOUTHOLD SUFFOLK COUNTY, NEW YORK AUTHORS: Jean A. Celender Douglas V. Winkler Lorianne DeFalco JAC Planning Corp. 8 Bond Street, Suite 300 Great Neck, NY 11021 I I i I I I I ! I I I I I I ! I i I August 2003 EXISTING ZONING The entire study area contained within Oregon Road to the north, Middle Road (CR48) to the south, Depot Lane to the west, and Cox Lane to the east is zoned for two types of light industrial use. The western portion extending from Depot Lane approximately 1,100 feet eastward is zoned Light Industrial Park/Planned Office Park (LIO). The remaining areas, including the Church Lane Neighborhood and the former Town of Southold dump, are zoned Light Industrial (LI). The purpose of the LIO classification is to encourage the development of planned industrial and office park uses, while the LI district promotes general industrial development. Another difference between the two industrial classifications is the minimum lot requirement for each district, which is 40,000 square feet for the LI district, as compared with 120,000 square feet for the LIO district. Furthermore, the LIO district has a more restrictive lot coverage requirement relative to the LI zone, with the LIO district allowing twenty (20) percent coverage and the LI zone allowing a greater coverage of thirty (30) percent (Town of Southold 2003). The study area under consideration was the subject of a major revision to the Town of Southold Zoning Code in 1989. Prior to 1989, the properties within the Church Lane Neighborhood were zoned for residential purposes under the prior Residential Agricultural (A) zoning district. Other zoning within the secondary study area prior to 1989 included the prior General Industrial (C- 1) district in the southwest and northeast quadrants of the study area, with A zoning in the northwest quadrant, and a concentration of Light Industrial (C) zoning in the southeast area fronting CR48 (Nelson, Pope & Voorhis, LLC 2002). The study area was rezoned for all industrial use as a result of the Town's desire to expand its inventory of industrial properties and strengthen the economic base of the community. Based on I ! I I I I I I I I I I I I I I I I the existing landfill and the transportation access associated with CR48, this particular area was designated as an industrial district. This change removed large areas of residential zoning from within the study area, while creating a concentration of industrial properties on the north side of CR48 in Cutchogue (Nelson, Pope & Voorhis 2002). The rezoning created a land use issue for the Church Lane Neighborhood. This area already had a significant number of non-industrial uses, including nine (9) residential homes and the First Baptist Church of Cutchogue. At the time of the zoning revisions, it was anticipated that, eventually, these uses would be phased out and converted to industrial uses. However, it is evident that this assumption has not been realized, with non-conforming residential uses remaining in the Church Lane Neighborhood today (Lane 2002). EXISTING LAND USE The Church Lane Neighborhood is presently comprised of non-industrial uses, including nine (9) single-family residences and the First Baptist Church of Cutchogue. The residential homes are situated on relatively small lots, ranging from approximately 10,000 to 22,000 square feet. Two of the residences are separated from the others by the Town's Department of Solid Waste disposal area entrance on CR48. There are a total of fifteen (15) tax map parcels within the residential area. Ten (10) tax map parcels are in residential use, one (1) lot is a road (Tuthill Lane), one (1) lot is institutional (Fimt Baptist Church of Cutchogne), and three (3) lots are vacant, two of which have abandoned residential structures. The vacant parcels are generally less than one-half acre in size. A developer has purchased two of the vacant parcels wishing to develop them for industrial use. 3 Outside of the residential area, land use consists of a mixture of commercial, industrial and municipal activities. Immediately to the west of the Church Lane Neighborhood, the Town is currently conducting composting operations on what was once farmland that recently became the source of capping material for the landfill. Fronting Middle Road (CR48) to the east of the two residential properties east of the Town driveway is an automotive repair facility (Cutchogue Auto Precision). A multi-tenant industrial facility occupied by a broad range of commemial and industrial uses lies at the intersection of Middle Road and Cox Lane. Extending northward along Cox's Lane, the land use pattern is comprised of various commercial and industrial activities. Such activities include an asphalt company, a gravel and mixing operation, marine services, a sanitation and transfer station and auto related businesses (Nelson, Pope & Voorhis 2002). The remaining perimeter of the study area is dominated by farm use and related buildings, with the exception of a junkyard located to the west of the intersection of Oregon Road and Cox Lane. Included in this perimeter are the remaining properties along Oregon Road and Depot Lane. Essentially, the farm uses extend from the perimeter roads to the former Town of Southold landfill, which is central to the study area and just north of the Church Lane Neighborhood. The landfill is now capped and a portion of the property is now used as a waste transfer station. The predominant land use surrounding the study area is agricultural. South of the Church Lane Neighborhood, land use is vineyard. Through land use planning and zoning, the Town of Southold has attempted to preserve the agricultural lands, rural character and scenic views from CR48 that are associated with these areas (Nelson, Pope & Voorhis 2002). 4 I I I I I I I I I I i I I I I I I I PLANNING AND ZONING ANALYSIS The potential for properties in the Church Lane Neighborhood to be used for industrial purposes as envisioned in the 1989 re-zonings is severely limited, especially compared with the larger tracts of industrial land with no established industrial uses present in the remainder of the study area. This determination was made previously by Nelson, Pope & Voorhis, LLC in their prior study of the Cutchogue Industrial Area (2002) based both on economic and land use conditions associated with properties in the Church Lane Neighborhood. This determination is evidenced by the lack of industrial uses within the Church Lane Neighborhood to date. As Nelson, Pope & Voorhis, LLC has documented in their previous study of the Cutchogue Industrial Area, industrial use within the Church Lane Neighborhood has proven difficult for several reasons related to the current land use pattern within the residential area and the economics that guide land development. Due to the availability and size of the vacant parcels, and the cost of purchasing improved residential properties, the ability for an industrial developer to assemble a site for industrial use is severely limited. Because parcel sizes range from 10,000 - 22,000 square feet, or less than one acre, and therefore do not individually meet the minimum lot size required by zoning, a developer would have to purchase at least two (2) or three (3) parcels to achieve a 40,000 square-foot industrial site. Consolidation of properties is costly and potentially difficult due to the remaining residential uses. In order to achieve a one (2) acre industrial site, the assemblage costs to a developer would most likely exceed two hundred thousand dollars ($200,000). As a result, future potential developers could be expected to seek variances to construct buildings and uses on lots smaller in size than intended by zoning. Industrial uses on smaller lots could result in numerous small uses, with inadequate parking and buffering and access constraints. 5 I I I I I I I I I I I I I i I I I I The immediate land use conflict between potential industrial uses and remaining residential uses within the Church Lane Neighborhood further restricts the potential for industrial development within the study area. For example, industrial use generates a greater number of vehicle trips during peak hours, and therefore increases conflicts resulting from access over existing Town right-of-ways and/or additional industrial mad openings on CR48. In addition, some, but not all, industrial use has the potential to use a greater amount of water, where residential use is more predictable (Town of Southold Anti-Bias Task Force 2003). Conversely, the properties in the outlying areas of the Church Lane Neighborhood are far more suited to industrial growth based on both land use and zoning considerations. For example, the vacant properties may be subdivided into industrial sites with sufficient area to accommodate modem industrial developments. Larger land areas can be subdivided to provide suitable mad access and drainage, as well as lot sizes conforming to either LI or LIO zoning requirements. Ample room for facility construction, required parking and landscape amenities exist on individual industrial sites. In addition, the sites have easy access to appropriate transportation corridors. This observation is supported by the request that was made by a developer last year to create a new industrial subdivision at the intersection of Depot Lane and Middle Road. However, it should be noted that even the potential for industrial uses to develop in the outlying areas of the Church Lane Neighborhood is limited due to the lack of potable water in the study area (Stefans 2002). The future expansion of industrial development throughout the study area may have a negative impact on the residential uses in the Church Lane Neighborhood. Factors associated with industrial activities such as noise and traffic may undermine the residential values of the subject properties and limit the improvement of the area. Quality of life poses another concern for inviting 6 I I I I I i I I I I I I I I I I I I industry into a residential area. According to the New York Times (Rather 2002) and many other recent news articles (Kelly 2003, Stefans 2002), residents of the Church Lane Neighborhood are angered by the potential for industrial uses to develop in close proximity to their residential community. Many are worded that industrial development will degrade their quality of life and are concerned about the safety of their children. It should be noted, however, that the Church Lane Neighborhood has remained viable for many years as a neighbor to the Town's solid waste operations. The closing and capping of the Town dump, completed in November of 2002, may serve to improve the health and well being of its neighboring community. Since municipal property buffers the Church Lane Neighborhood to the north, east and west, the opportunity to provide an appropriate transition buffer is apparent. CONFORMANCE OF LAND USE TO MASTER PLAN The Town of Southold's vision for its future is defined by a clearly articulated set of goals. These goals were described in the Town's 1985 Master Plan Update and reaffirmed in later reports commissioned by the Town. The Master Plan Update was developed by the Town of Southold Planning Board based on the work of its Consultants and input from the public. This Plan was the Planning Board's recommendation to the Town Board. Although adopted by the Planning Board, the Town Board never adopted the Master Plan Update (Town of Southold Planning Board 2003). The Master Plan Update proposed that "the goals of the Town of Southold reflect the Town's interest in preserving and enhancing the natural and built environment and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale 7 I I I I I I I I I I I I I I I I I I of development, availability of water, existing sensitive environment of the Town and its historic heritage." Many detailed goals were proposed related to overall planning, housing/residential development, economic development, waterfront, agricultural preservation, environment, cultural environment, community facilities/utilities, and transportation. Included in these goals were to preserve the existing housing stock and provide the opportunity for the development of a variety of housing types to meet the needs of people at various stages of the life cycle, various income and age levels and household compositions; strengthen and diversify the Town's economic base as a means of stabilizing and expanding the tax base and year-round and seasonal employment opportunities; and preserve and strengthen the hamlets as cultural, residential and commercial centers of activity in the Town - as a means of contributing to the preservation of historic buildings and areas and contributing a "sense of place" (Town of Southold Planning Board 1985). The Master Plan Update also made land use recommendations that reflected the proposed goals. Land use categories, such as Light Industrial/Office, were defined to provide a general indication of how various areas should be utilized and to reflect desirable predominant land uses. The future pattern of land use proposed in the Master Plan Update encouraged residential development to locate in and around existing hamlets "in order to preserve and enhance the historic and cultural centers of the community, to support existing commercial centers, to provide locations for moderately priced housing and to encourage efficient and effective provision of community facilities and services" and for commercial development to locate in hamlet centers. The Plan identified Mattituck, Cutchogue, Southold and Orient as major hamlet centers that should "continue to be the residential-business-service centers of the Town" (Town of Southold Planning Board 1985). I I I I I I I I I I I I I I I I I I Each of the four major hamlet centers were examined in detail as part of the Master Plan Update and more detailed land use plans were prepared. Existing conditions and various factors affecting planning, including types of development, vacant land, parking and traffic patterns, natural or environmental features, and historic areas were analyzed. The plan developed for each of the Town hamlet areas was designed with certain goals in mind, such as to maintain the hamlet as a community focal point and activity center; strengthen the existing retail and service commercial uses in the hamlet centers; provide for a range of housing for younger and older and residents with a range of income levels within the hamlet areas, with higher densities near the center and lower density in outlying areas; recognize that transition areas exist between the hamlet business areas and outlying residential areas; where appropriate, provide areas of sufficient size to establish office parks or light industrial parks to offer opportunities for expanded economic development within the Town; and preserve agricultural use of land where prime soils exist and a sufficient number of contiguous parcels have remained in farming activities to maintain the viability of agriculture in relative proximity to the hamlet center (Town of Southold Planning Board 2003). The 1985 Master Plan Update provided the foundation for the 1989 rezonings that created the industrial district in the areas bounded by Oregon Road to the north, Middle Road (CR48) to the south, Depot Lane to the west, and Cox Lane to the east (Nelson 2002). The new zoning, which put the Church Lane Neighborhood in a Light Industrial (LI) district, attempted to achieve some of the goals proposed in the Master Plan Update. For example, an industrial district was created in order to expand the Town's inventory of industrial properties and strengthen the economic base of the community. However, the new zoning contradicted many of the proposed goals in the Master Plan Update in that large areas of residential zoning from within the study area were removed, thereby I I I I I I I I I I I I I I I I I I attempting to phase out residential uses in the area and remove existing housing stock, while degrading the historic, cultural area known as the Church Lane Neighborhood and diminishing the area's "sense of place" for its residents. Furthermore, by allowing industrial uses to develop alongside the residential core of the study area, the new zoning failed to provide an adequate transition area between the hamlet industrial and residential districts, thereby creating potential quality of life issues for residents of the Church Lane Neighborhood. While the present land use situation in the study area shows non-conformance to the Town's "Master Plan," rezoning the area for residential use would enable the Church Lane Neighborhood to thrive as an established residential community with extensive history and vibrant culture, thereby aiding the Town in realizing its vision for the future. ZONING ALTERNATIVES Proper planning for the Church Lane Neighborhood is necessary in order to protect and enhance the residential quality of life for its residents while offering a fair alternative to those who own property zoned for Light Industrial use (Horton 2002). This could be accomplished by rezoning the Church Lane Neighborhood to the Low Density Residential R-40 designation. The purpose of the R-40 district is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions will allow for the development of approximately one (1) dwelling per acre and where open space and agricultural preservation are not critical (Town of Southold 2003). To allow spot industrial use within a residential area while a land use transition occurs would negatively impact existing residences for an undetermined amount of time. The development of 10 I I I I I I I I I I I I I I I I I I industrial uses within the Church Lane Neighborhood would compromise quality of life for its residences. In addition, any possible industrial development within the existing residential area would be on substandard lots, creating unsightly developments along the CR48 corridor - a visual effect that would not be in conformance to the Town's stated goal of preserving its visual amenities along this corridor. Furthermore, designing plans to provide appropriate road access to random individual sites would prove difficult (Nelson, Pope & Voorhis 2002). The proposed zoning change would prove to benefit the Town of Southold. By rezoning the Church Lane Neighborhood for residential use, the cultural integrity, existing housing stock, historical value, "sense of place" and quality of life of the residential area would be preserved. In addtion, such a rezoning may result in less water use and lesser vehicle trips and road openings onto CR48. These factors are consistent with the Town of Southold's goals for its future, as outlined in the Master Plan Update. Rezoning the Church Lane Neighborhood for residential use could create the opportunity to construct some affordable housing units on the vacant parcels within the residential area. The Town could accomplish this by entering into a public/private partnership using town, county and state resources, and, if necessary, the expertise of a non-profit housing group. Newly constructed affordable housing units would strengthen the area by providing a mixture of housing types. If made available, Community Development funds or low-interest loans could provide incentive to upgrade existing residences or improve roads (Town of Southold Planning and Zoning Committee 1993). The Town's vision to expand its inventory of industrial properties and strengthen its economic base would not be undermined by the rezoning, due to the fact that the residential area represents only about 2.3 percent of the total industrial acreage within the industrial district in 11 I I I I I I I I I I I I I I I I I I Cutchogue. Industrial use would continue to develop in the large tracts of land surrounding the Church Lane Neighborhood, where the LI and LIO designations would remain. Remaining acreage has the potential to be developed in a more orderly, environmentally and aesthetically compatible manner. To make up for the nominal loss of land zoned for light industrial use, the Town could rezone a portion of the study area designated as LIO, which presently accounts for a greater amount of land zoned for planned office park use than the Town needs, to the LI designation. In addition, the vision of providing high quality industrial growth potential on 40,000 square foot or larger lots, with appropriate access and buffering, would be advanced as a result rezoning the Church Lane Neighborhood to R-40. Consideration of rezoning the Church Lane Neighborhood begs the question of whether this change would constitute spot zoning. Spot zoning occurs when a small area of land in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. Because spot zoning often focuses on a single parcel or small area without considering the broader context of the area and land uses surrounding the parcel, the existing comprehensive plan, or an overall zoning scheme, it is commonly considered the antithesis of planned zoning. Most cases of spot zoning are improper and illegal. The common considerations in determining spot zoning claims are: 1. the size of the parcel subject to rezoning; 2. the zoning both prior to and after the local government's decision; 3. the existing zoning and use of the adjacent properties; 4. the benefits and detriments to the landowner, neighboring property owners, and the community resulting from the rezoning; and 12 I I I I I I I I I I I I I I I I I I 5. the relationship between the zoning change and the local government's stated use policies and objectives. Rezoning decisions involving single parcels or small areas are most often the subject of spot zoning claims. However, this does not mean a locality cannot lawfully rezone a single parcel or small area. Consistency with the community's land use policies is a much more compelling factor. The residential Church Lane Neighborhood core area is less than six acres of the larger 252-acre industrial zoned area (about 2%). However this core area represents 15 out of 42 of the tax map properties (about 36%) located in the industrial zoned area. This small area also represents multiple separate owners. The present zoning of the Church Lane Neighborhood is "LI" (Light Industrial). This designation came about in 1989 when the larger study area was changed to "LI" and "LIO" (Light Industrial/Office), removing the Church Lane Neighborhood fi.om residential zoning. This rezoning was a result of the Town's desire to expand its inventory of industrial properties and strengthen the economic base of the community. It was also the reasonable belief that residential development is inappropriate next to a landfill. It was anticipated at that time that the residential and institutional use in the Church Lane Neighborhood would be phased out and converted to industrial uses. What was apparently not considered at that time was the fact that the Church Lane Neighborhood was a community that preexisted the post-hurricane-of-1938 establishment of the dump area, that economic and social conditions favored the continuation of a residential neighborhood, and that water restrictions and the difficulty of cobbling together substandard size lots inhibited industrial development. In the decade and a half since the industrial rezoning, the residential nature of this area has not changed. Therefore, the rezoning of the Church Lane Neighborhood back to residential 13 I I I I I I I I I I I I I I I I I I would not affect present land use in the residential area. The existing zoning of adjacent properties to the core Church Lane Neighborhood are "LI" (Light Industrial) to the north and east, "LIO" (Light Industrial/Office) to the west and "A-C" (Agricultural) to the south. Two residences that are part of this neighborhood are separated fi.om the others by the Town's Department of Solid Waste disposal area entrance on CR48. The actual land use to the south is vineyard. To the north is waste handling and management. This is the location of the recently capped landfill and a portion of the property is now used as a waste transfer station. To the east of the two residential properties east of the Town driveway is an automotive repair facility (Cutchogue Auto Precision). To the west the Town is currently conducting composting operations on what was once farmland that recently became the source of capping material for the landfill. Although the current surrounding zoning and land use seem not to favor the return to residential zoning, the fact that most of the Church Lane Neighborhood is bordered by comparatively large acreage of Town owned land opens up the possibility of the Town creating adequate buffering between its operations and the residential area. Rezoinng of the Church Lane Neighborhood core area to residential would greatly benefit the majority of landowners in the area. Existing zoning prevents residential property owners from expanding their homes or to rebuild after a fire. The exception to the benefit is for landowners who acquired property within the neighborhood for industrial use, such as the owner who recently proposed to construct a 5,000 square foot pool supply warehouse on a vacant, substandard half-acre parcel in the middle of the residentially developed area (This application was denied). Ten (10) tax map parcels in the Church Lane Neighborhood are in residential use, one (1) lot is a road (Tuthill 14 I I I I I I I I I I I I I I I I I I Lane), one (1) lot is institutional (First Baptist Church of Cutchogue), and three (3) lots are vacant, two of which have abandoned residential structures. With the exception of the automotive repair facility and the agricultural land across CR48, the Church Lane Neighborhood is bounded by Town property used for solid waste handling. None of these surrounding properties or uses would be detrimentally affected by the residential rezoning, particularly since the current and historical land use is already residential. Residential infilling of the three vacant lots would have less impact on property owners in and adjacent to the Church Lane Neighborhood than the infill and gradual transitioning to industrial use. The Master Plan Update expressed the intent to preserve the existing housing stock and provide the oppommity for the development of a variety of housing types to meet the needs of people at various stages of the life cycle, various income and age levels and household compositions. It also stated the intent to preserve and strengthen the hamlets as cultural, residential and commercial centers of activity in the Town; as a means of contributing to the preservation of historic buildings and areas and contributing to a "sense of place." Although much of the intent of the Master Plan is to concentrate residential development to the existing larger hamlets, there is no call for the elimination of existing outlying residential neighborhoods. This neighborhood exists as a community, like many others on Long Island, because of its history as a haven to people that were socially and economically marginalized by the larger community. As such it is an integral part of the historical land use tapestry that contributes to our sense of place. In determining whether the return to a residential zoning for the Church Lane Neighborhood constitutes improper spot zoning, the following were considered: 15 I I I I I I I I I I I I I I I I I I I 1. Although the acreage of the area that would be rezoned is small, it represents a number of tax lots under separate ownership. Rezoning would not improperly favor a single owner or entity. 2. Although current zoning is industrial, the prior zoning was residential, the land use for the past seven decades was residential, and despite fourteen years under industrial zoning, the current land use is still residential. 3. Surrounding zoning is industrial and agricultural. However, the Town ownership of the majority of surrounding land can allow for buffering between the incompatible land uses. 4. The rezoning would benefit the majority of property owners in the Church Lane neighborhood, while having little or no detrimental affect on surrounding properties. A land swap with the owner(s) of vacant lots purchased for industrial use may prove to be an equitable solution for these landowners. 5. The rezoning would help preserve current housing stock, an integral part of the historical land use and help preserve the sense of place. Therefore, the residential rezoning of the Church Lane Neighborhood does not constitute improper spot zoning. 16