HomeMy WebLinkAboutNYS Env Protection Quality Communities
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAlUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631765-1938
Fax: 631 765-3136
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
November 15, 2006
NOV 1 6 2006
Ms. Laurie Savage
The New York State Quality Communities Program
New York State Department of State
Bureau of Fiscal Management, 10th Floor, Suite 1000
41 State Street
Albany, NY 12231-0001
Southold Town Clerk
Re: New York State Environmental Protection Fund's Quality Communities
Program Grant Application - 2006[2007
Dear Ms. Savage:
Enclosed herewith for your review please find an application for the above-
referenced grant.
Very truly yours,
cc: Town Board
encl.
~
.
RESOLUTION 2006-861
ADOPTED
DOC ID: 2290
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-861 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 8, 2006:
WHEREAS, the Southold Town Board authorizes the SouthoId Town Planning Board to submit
an application to the Department of State Quality Communities Program ( 2006-2007) for
Environmental Protection Funds to develop local laws, land use regulations and provide graphic
support to implement the Town of South old Comprehensive Plan documents including the Town
of South old Hamlet Study, and
WHEREAS, the Southold Town Board authorizes The Supervisor to execute all financial and/or
administrative processes, and
WHEREAS, the funds solicited through this program will be used for the purposes of or
development of a local laws, land use regulations and graphic support to implement the Town of
Southold Comprehensive Plan documents including the Town of Southold Hamlet Study in an
amount not to exceed up to $90,000 (ninety thousand dollars) and that the town will commit up
to $18,000 (eighteen thousand dollars) in match (the match will include in-house staff salaries,
copving and materials), therefore be it
RESOLVED that the Town of Southold supports this proiect to develop local laws. land use
ree:ulations and provide e:raphic support to implement the Town of South old
Comprehensive Plan documents includine: the Town of Southold Hamlet Studv,
~2f-.JL.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
A YES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
.
ENVIRONMENTAL PROTECTION FUND
APPLICATION FOR STATE ASSISTANCE PAYMENTS
NEW YORK STATE QUALITY COMMUNITIES GRANT PROGRAM, YEAR 2006-2007
1. APPLICANT: Town of Southold
Co-APPLICANTS(s)
City - Town - Village - County - Local Public Authority - Local Public Benefit Corporation - Indian TribeINation _ Not-Far-Profit Corporation:
2. APPLICANT MAILING ADDRESS: Southo1d Town Hall
(no. & street)
P.O. Box 1179,3095 Main Road
(city) Southold
NY (zip)
11971
PHONE:
(631 ) 765-1938
FAX: (631 ) 765-3136
3. FEDERAL TAX IDENTIFICATION No. 11-6001939
4. CONTACT PERSON:
Mark Terry
Acting Department Head
TITLE: Planning Department
5. PHONE:
(631 ) 765-1938
FAX: (631 ) 765-3136
6. E-MAIL:
Mark. terry@town.southold.ny.us
7. CONTACT MAILING ADDRESS (if differentfrom applicant)
(no. & street)
(city)
NY (zip)
2. PROJECT LOCATION: COUNTY:
NEW YORK STATE SENATE DISTRICT:
NEW YORK STATE ASSEMBLY DISTRICT:
Development of Town of Southold Planned Development District Legislation
Suffolk County
.
SD
AD
1
1
3. PROJECT ACTIVITY:
o Intermunicipal Growth Program
X Community Growth Program
o Community Downtown Program
o Community Open Space Program
o Mountain Communities Program
1. Proposed Start Date:
3. Total Project Costs:
October I, 2006
$ 88,668.00
2. Expected Completion Date:
4. State Assistance Requested:
April 30, 2008
$ 70,934.44
State Assistance Requested Not To Exceed 80% Of Project Cost
or 90% Where the Lead Applicant is a Distressed Municipality
5. Is your municipality identified as an economically distressed municipality?
Yes
NoX
X Resolution(s) is attached. 0 Resolution(s) will be submitted by ,2006.
I hereby affirm under penalty of peljury that information provided on this form and attached statements and
exhibits is true to the best of my knowledge and belief. False statements made herein are punishable as a Class
A misdemeanor pursuant to Section 210.45 of the Penal Law~
Print name: Mark Terry Title Dent Head oflentitv) Planning Department
Date-u1-lsL~ <0
The purpose of this proposed project is to implement and advance the intent and policies of the Town of
Comprehensive Plan and newly adopted Local Waterfront Revitalization Program and Hamlet Study through the
development, design and implementation of Planned Development Districts (PDD). Planned Development
Districts will fulfill a strategic planning need to advance land use and development while achieving the maximum
public benefit to the Town, including multi housing opportunities. In addition, a PDD will permit the
development of a parcel or group of parcels without the cumbersome burden of amending the entire zoning code
while addressing the creativity and needs of proposed projects. The application will develop regulations
consistent with Quality Communities Principles.
2
It is anticipated that much of the funding will be used for consulting services. The consultants retained will work
closely with the Town, particularly the Planning Department and Town Board. However, it is also expected that
the Suffolk County Department of Health Services, the Suffolk County Water Authority and the Suffolk County
Planning Commission will have limited roles in the project, primarily providing information on an "as need"
basis.
The following is the contact information of those who may be participants in this project:
Suffolk County Dept. of Health
Walter Hilbert, Chief Engineer
360 Yaphank Avenue, Suite 2C
Yaphank, NY 11980
631-852-5700
Suffolk County Water Authority
Stephen Jones, Chief Executive Officer
4060 Sunrise Highway
Oakdale, NY 11769
631-563-0219
3
Type here:
Patricia Finnegan, Town Attorney
Patricia A. Finnegan was appointed Town Attorney for the Town of South old in January of 2004, having
served as the Assistant Town Attorney since 2002. In this role, in addition to providing daily counsel to the
Town's Boards and Departments, Ms. Finnegan has overseen the development and overhaul of the Town's
new subdivision regulations and Wetlands Code.
Ms. Finnegan holds a Bachelor of Arts from the University of Scranton, and earned her Juris Doctorate from
the Widener University School of Law in Wilmington, Delaware. After law school, Ms. Finnegan clerked for
the Honorable Francis X. O'Brien in the Orphans Court Division of the Philadelphia Court of Common Pleas.
She is admitted to practice law before the state and federal courts in New York, New Jersey and Pennsylvania.
Mark Terry, Acting Department Head, L WRP Coordinator, Senior Environmental Planner- Planning
Board
Mark Terry holds the positions of Acting Department Head, LWRP Coordinator and Senior Environmental
Planner. Mr. Terry's responsibilities include management of day to day departmental operations, performing
L WRP Consistency reviews for applications, reviewing applications to the State Environmental Quality Review
Act and reviewing and writing legislation. Mr. Terry served as project manager on the rewrite of Chapter
AI06; Subdivision of Land of the Town of South old Town Code and serves a member ofthe Town of South old
Code Committee.
Consultant #1
This position has not been filled. It is expected that the Consultant will perform the bulk of the work outlined in
Task II and Task III. The Town Board will inform the Department of State once a consultant is selected and in
contract to perform the services outlined.
WORKPLANISATTACHED
4
The development, design and implementation ofPDDs is consistent with the public investment grant selection
criteria. Once developed in accordance with the recommendations made in the Hamlet Study and the Local
Waterfront Revitalization Program, PDDs will permit flexibility in new development while achieving public
benefits to the Town by providing new business opportunities to local residents; by allowing for a mix of
housing types to meet the need of the local workforce; and by protecting and preserving open space agricultural
lands and cultural resources.
Providing opportunity and flexibility in economic development is a key component of a successful PDD. The
design and implementation of a PDD will support the Town's Hamlets and other areas of commercial activity
by enabling zoning flexibility. Correspondingly, the development and implementation ofPDDs supports
economic growth, encourages new and/or infill development in the Hamlets and surrounding areas where
infrastructure is readily available and promotes mixed use development.
Planned Development Districts allow for appropriate levels of intensified land uses on parcels that could
adequately support increased development. It also provides opportunities to restore building and/or sites with a
mix ofIand uses that will facilitate revitalization of commercial centers through re-development. By locating
development in appropriate areas, PDDs will also meet the Town goals of preserving land, increasing
recreational opportunities and preserving historic structures.
The Town of Southold prides itself on its reputation for establishing close working relationships with other
government agencies, non-profit organizations and private developers. It is one of our philosophies that more
can be accomplished when all of the "players" involved in a project work together towards reaching common
goals. The creation ofPDDs will enhance our ability to continue to provide quality public service. Although
numerous projects are consistent with the goals and objectives of the Town's Comprehensive Plan, they have
become difficult to achieve without an appropriate land use tool in place to allow for flexibility in design. The
implementation of a PDD will allow those projects to come to fruition without having to modify the entire
zoning ordinance.
Prior to codification of any PDD, the Town will address the important issue of inter-jurisdictional cooperation
to establish the necessary water and sewer infrastructure, adequate public facilities and development standards
in the receiving areas.
5
When developed in accordance with the Town's Comprehensive Plan which includes the Local Waterfront
Revitalization Program and Hamlet Study, PDDs will enhance the livability of each of the Town's unique
communities by directing new development into the most appropriate areas while allowing flexibility in use
and zoning.
One of the key elements of a PDD is that it promotes traditional neighborhood design while achieving public
benefits, including enhanced public spaces/ recreation lands, pedestrian friendly communities and creating a
range of housing choices in proximity to places of employment, recreation and community development and
transportation hubs.
Plarmed Development Districts are expected to provide a variety of transportation choices that will improve
health and quality oflife, reduce automobile dependency, traffic congestion and automobile pollution. Through
selective application, the Town will be able to concentrate development within walking distances ofthe Hamlet
Centers and mass transit hubs.
The Local Waterfront Revitalization Program and Hamlet Study specifically requires new developments to be
well designed and integrated within Hamlets. It was determined that the best way to facilitate this
development is by permitting flexibility through PDDs rather than a change of zone or through the traditional
zoning ordinance.
In addition, a PDD will ensure better consistency in land use regulations and procedures by eliminating the
need to obtain variances or a change of zone, which can often be inconsistent from one project to another,
depending on the nature of the reviewing Board. Parameters for each PDD will be established and will add an
additional level of consistency to review.
Plarmed Development Districts will support the goals and policies of the Town of Southold including; the
conservation and preservation of natural and undeveloped areas, wildlife, flora and habitats for endangered
species; the preservation of agricultural resources; protection of ground water, surface water and groundwater
quality, as well as the other natural resources ofthe Town; balanced economic growth; the provision of
adequate capital facilities, including transportation, water supply, and solid, sanitary and hazardous waste
disposal facilities; the coordination ofthe provision of adequate capital facilities with the achievement of other
goals; the development of an adequate supply of affordable housing; and the preservation of historical, cultural,
archaeological, architectural and recreational values will be accomplished to varying levels.
6
The development and implementation ofPDDs will provide for broad-based public involvement of community-
based organizations, neighborhood groups, not-for-profit organizations, private property owners and
developers. The developers achieve greater profits from the higher level of development. The not-for-profit is
able to achieve higher densities, thereby ensuring a permanent stock of affordable housing.
Finally, the community itself is able to implement its public benefit goals without relying exclusively on public
funding and other traditional funding sources, which are often difficult to obtain!
PDDs will contribute to resolving several regional challenges by allowing the flexibility in land use and zoning
to preserve land, direct new development to the Town's business districts and surrounding areas, and help to
advance the Town's economic development, affordable housing and land preservation efforts. The application
will also compliment the goals of Suffolk County goals which include progressive land preservation, economic
development and affordable housing programs to assist local municipalities in their efforts to address these
challenges.
The Town of South old has identified community opportunities and constraints through the development of the
Hamlet Study, the L WRP and other Comprehensive Plan documents produced over the years. The original
Town of South old Town Code was drafted in the 1950's. Since implementation, the sections have undergone
numerous edits and amendments. Due to the demographic, socioeconomic and environmental changes
occurring in the Town, the code is often deficient in addressing the needs of applicants and consequently the
Town. The Town has identified PDDs as the most proactive tools to add to complement the Town of Southold
Comprehensive Plan documents. The application benefits all participants.
The Town of Southold was awarded $60,000 from the 2006/2007 Quality Communities Grant Fund to develop
and implement a Transfer of Development Rights Program. This proposal compliments and furthers the
viability of such a program.
The Town adopted its Local Waterfront Revitalization Plan in 2005 as approved by the New York State
Department of State. The Local Waterfront Revitalization Program provides a planning framework synopsis of
all past and ongoing planning documents and programs that govern decisions and actions ofthe Town of
Southold. The program encourages the establishment of alternative planning applications to better achieve
Town goals. The development, design and implementation PDDs is such a planning application.
7
Over the last several months the Town has been working on the design and implementation of a transfer of
development rights program. The development, design and implementation ofPDDs will relax zoning
requirements and permit growth in areas, which will support and compliment the transfer of development right
program in select application. Both programs will work toward in progressing community development,
agricultural conservation, environmental protection and economic development.
As discussed above the Town adopted The Town of Southold Hamlet Study in 2005. The Hamlet Study
represents a unique exercise in Southold's long tradition of community planning in that it was driven by local
stakeholders. After a recruiting process involving the submission of resumes and documentation representing
individual qualifications to serve, a diverse group of nearly 100 individuals, including property owners,
merchants, builders, activists, community leaders and well-intentioned citizens, were appointed to represent
their respective hamlets. Hamlet stakeholders assessed and evaluated, argued and compromised, established
goals and policies, and in the end reached consensus concerning the vision of their respective hamlets. This
grassroots effort proved to be a remarkable and successful process.
The Town of Southold remains committed to achieving its goals and objectives by seeking to develop and
implement innovative planning tools such as a Planned Development District. There is a widespread
commitment from local citizens, business leaders, non-profit organization, environmental groups, government
officials and local board members to see this project come to fruition. Funding through the Quality
Communities Grant Program will allow the Town to move forward with this project, which will in turn advance
both our preservation and smart growth initiatives.
Salaries and Wages 41,934.40 10,483.60 52,418.00
Travel 600.00 150.00 750.00
Supplies, Materials and 400.00 100.00 500.00
Equipment
Contractual Services 28,000.00 7000.00 35,000.00
Tot31/170,934.44 117'733.60 1188'668.00
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1. SALARIES & WAGES, includin frin e benefits (List b title and affiliation)
AMOUNT CHARGED
TITLE ANNUAL SALARY TO THIS PROJECT
Town Attorne / Town Emplo ee
Acting Dept Head! Planning/ Town
Em 10 ee
Senior Planner/ Planning/Town
Employee
Secretarial Assistant! Planning/Town
Employee
135,000.00*
88,376.00
25,712.00
19,422.00
78,661.00
4,606.00
73,119.00
2,678.00
SUBTOTAL $
52,418.00
2. TRAVEL (Describe the purpose, start and end points, mode of travel, associated costs, and how
calculated).
The primary anticipated travel cost would be for Consultant mileage. The Town's reimbursement rate for
mileage is 44.5 cents. It is expected that with one on-site meeting a week for a period of7 months the
estimated mileage expenditure would = $750.00
SUBTOTAL $
750.00
3. SUPPLIES/MATERIALS and EQUIPMENT (Describe and indicate cost by type).
Costs associated with preparing reports, maps and associated graphics, making copies and mailing = $500.00
SUBTOTAL $
500.00
4. CONTRACTUAL SERVICES (Describe services to be acquired and cost of each, if more than one
type of service will be secured).
As described above, the Consultant will perform the bulk of the work associated with Task II and Task III as
outlined in the work plan.
Consultant I - $125.00 per hour / 40 hrs per month x 7 months = $35,000.00
SUBTOTAL $
35,000.00
9
PROJECT
TOTAL $
88,668.00
5. REASONABLENESS OF COST AND PROJECT SUST AINABILITY CERTIFICATION
By submission of this application under the 2006-2007 Quality Communities Program, the applicant hereby
certifies that all components ofthe requested Total Project Cost are reasonable and necessary for the conduct
of the proposed proj ect and that prudent analysis has been undertaken to insure that all costs are consistent
with current prevailing costs for such goods or services in the geographic area benefiting from the project.
Please describe how you determined reasonableness of cost. Further, please demonstrate that the community has
the ability to sustain and complete the project within the parameters of the standard cost reimbursement
contract. Attach additional sheets if necessary.
As demonstrated above, the costs were calculated on an expected hour commitment to the project multiplied by
rate of pay. Consultant costs were calculated using the hourly rate multiplied by the expected hour
commitment. The Town of Southold has committed the direct salary costs for lead applicant employees while
working directly on the project. It is understood that direct salary costs include wages, salaries, fringe benefits,
and supplemental compensation for personal services. The attached resolution confirms the commitment by the
Town.
1. Is the applicant and/or co-applicant a Greenway Compact Community? See page 12 ofthe RFA for a
description. YES_ NO_X_
2. Does the applicant and/or co-applicant have an Adirondack Park Agency-approved land use plan?
YES NO X
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NEW YORK STATE QUALITY COMMUNITIES GRANT PROGRAM, YEAR 2006-2007
PROPOSED WORKPLAN
The original Town of Southold Town Code was drafted in the 1950's. Since implementation, the sections have
undergone numerous edits and amendments. Due to the demographic, socioeconomic and environmental
changes occurring in the Town, the code is often deficient in addressing the needs of applicants and
consequently the Town. The Town has identified a Planned Development District as the most proactive tool to
add to complement the Town of Southold Comprehensive Plan documents. The objectives of a Town of
Southold Planned Development Districts would include:
(a) to permit flexibility in the application of land development regulations that will encourage
innovative development and redevelopment for residential and nonresidential purposes so that a
growing demand for other housing and other development and land use may be met by variety in
type, design, and layout of dwellings and other buildings and structures, including traditional
ueighborhood development;
(b) to provide flexibility in architectural design, placement, and c1usteriug of buildings, use of
open areas, provision of circulation facilities, including pedestrian facilities and parking; and
related site and design considerations;
(c) to encourage the conservation of natural features, preservation of open space and critical and
sensitive areas, and protection from uatural hazards;
(d) to promote the development of affordable housing, specifically apartments.
(d) to provide for efficient use of public facilities;
(e) to encourage and preserve opportunities for energy-efficient development and redevelopment;
and
(I) to promote attractive and functional environments for nonresidential areas that are
compatible with surrounding land use.
The proposed tasks to be accomplished to create and implement a Planned Development District include:
Task I. Implement and advance the Town of Southold Comprehensive Plan, Local Waterfront
Revitalization Program and Town of Southold Hamlet Study through the development of Planned
Development District enabling legislation.
This task will be accomplished in two subtasks; Task la and lb. During Task la, the Legal Department,
Planning Department Staff and Consultant I will work as a team to draft legislation enabling authority to adopt
and amend a Planned Development District ordinance Once complete, the draft would then be submitted to the
Planning Board for comments/and or approval for submission to the Town Board. The contents of the enabling
legislation would include;
(a) Defining a purpose consistent with the purposes ofland development regulations.
(b) Developing a statement of consistency with the local comprehensive plan that is based on findings.
(c) Developing draft specifications for all application documents and plan drawings.
(d) Drafting definitions for such words or terms contained in the planned development development
ordinance.
(e) Defining the interdepartmental process in designating and approval of a planned development
district.
Task Ib. will include integrating commentary and or changes received on the Draft Planned Develooment
District Enabling Legislation. Once the edits are complete, a final draft will be submitted to the Town Board
for codification.
Product 1: Report One Titled; Draft Planned Development District Enablinl! Lel!islation.
Product 2: Report Two Titled: Final Planned Development District Enablinl! Lel!islation.
Task II. Define Eligibility Criteria and Establish Planned Development District Designations:
The task will also be accomplished in two subtasks. Task ITa. will involve establishing a framework of
eligibility criteria and Planned Development District designations.
Task lIb. will involve The Town of Southold Town Board in cooperation with the Town of Southold Planning
Board/Departmental Staff and Consultant I in establishing and developing Planned Development District
designations to be applied to parcels or a group of parcels. Example designations include Multi-Use Planned
Development District, Marine Planned Development District, Recreational Planned Development District,
Agricultural Planned Development District etc. Designations will be established relative to current zoning
districts, infrastructure needs, community character (design) and required public benefits.
Product 3: Report Three Titled; Framework and Elil!ibilitv Criteria for Planned Development District
Desil!nations
Product 4: Report Three Titled; Planned Development Districts and Criteria
Task m. Develop Design Guidelines and Site Planning Standards for Planned Development Districts.
In 2005 the Southold Town Board adopted the Town of South old Hamlet Study. The study is one of the latest
editions to the Town's Comprehensive Plan documents. The study was a grassroots planning exercise that
included residents and businesses from the Town's respective hamlets. The product of the study was numerous
land use and planning tasks that each hamlet group wanted to see accomplished. One task that all hamlet
groups identified as a priority was the creation of design standards.
Task III will also be accomplished in two sub-tasks. Task IlIa. will involve the development of design
guidelines to assist applicants in the preparation of proposals for each type of Planned Development District
will also be created. Design standards will promote design of the site plan or subdivision to support the existing
character of the area relative to scale and aesthetics. Design standards will also support the intent of Town of
Southold Comprehensive Plan documents including the Local Waterfront Revitalization Plan and Town of
Southold Hamlet Study
Task lITh. will involve the Town of Southold Town Board in cooperation with the Town of Southold Planning
Board! Department and Consultant I in researching and developing site planning standards for the review of a
specific parcel or a group of parcels where a Planned Development Districts are proposed. Such standards may
vary depending upon the density or intensity of land use otherwise applicable to the land under the provisions of
the zoning ordinance in consideration of and with respect to all of the following:
I. the amount, location, and proposed use of common open space;
2. the location and physical characteristics of the proposed Planned Development District;
3. the location, design, type, and use of structures proposed; and
4. the public benefits of providing affordable housing
Where the Planned Development District is also proposed as a subdivision, procedures for the joint review of
the proposed Planned Development District as a subdivision will be developed.
Product 5: Report Four Titled: General Site Planninl! Standards and Desil!n Guidelines for each
Planned Development District Desil!natiop.
Product 6: Report Four Titled: Specific Site Planninl! Standards for Each Planned Development District
Parcel or Group of Parcels.
Proposed Work Program Timeline:
Task I. Implement and advance the Town of Southold Comprehensive Plan, the Local Waterfront
Revitalization Program and Town of Southold Hamlet Study through the development aud
implementation of Planned Development District enabling legislation.
Task la.
Task lb.
October I, 2006 to March 31, 2007
March 31, 2007 to May 31, 2007
Task II. Establish Planned Development District Designations and Define Applicability:
Task ITa.
Task lib.
March 31,2007 to June 1,2007
June I, 2007 to September 30, 2007
Task m. Develop Specific Site Planning Standards for Each Planned Development District Parcel or
Group of Parcels.
Task IIIa.
Task IIIb.
June 1,2008 to April 30, 2008
September 30, 2007 to April 30, 2008