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Home My WebLink About1000-9.-8-2 ELIZABETH A. NEV~.r.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLE TOWN OF SOUTHOLD June 9, 2004 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 net Carolyn J. Doherty PO Box 102 Fishers Island, NY 06390 Re: Doherty Waiver Request Dear Ms. Doherty: The Southold Town Board, at its meeting held Tuesday, June 1, 2004, failed to adopt a resolution to grant your request for a waiver of the subdivision moratorium for the property identifier, s SCTM #1000-9-8-2. / ~ Very truly yours, Elizabeth A. Neville Southold Town Clerk Eno. PLA~qI~G BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIA-NO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Elizabeth Neville, Town Clerk From: Jedlyn B. Woodhouse, Chair Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for Proposed Minor Subdivision of Caroline Doherty SCTM# 1000-9-8-2 Date: May 26, 2004 The Planning Board has re-reviewed the request (dated February 9, 2004) and supporting documents regarding the above referenced waiver petition. The Planning Board finds that the proposed action is not different from the proposed minor subdivision applications subject to the moratorium. This decision is based upon the presented supporting facts. The petitioner does not demonstrate substantive reasoning or severe "hardship" and therefore the Planning Board recommends that the Town Board deny the waiver request. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Cc: Valede Scopaz, Town Planner Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney J. Doherty PO Box 102 Fishers Island, NY 06390 May 13, 2004 Southold TownBoard Southold TownHall PO Box 1179 Southold, NY 11971 Re: Public Heating SCTM# 1000-9-8-2 Dear Members of the Town Board, MAY 1 7 2004 Southold Town Planning Boa H RECEIVED MAY 17 ~004 Southold Town Cle~j I understand that the Public Hearing for granting a waiver fi.om the Temporary Subdivision Moratorium in regards to the above property located on Reservoir Road, Fishers Island has been continued until an upcoming work session. I would like to thank the Board for taking the time to have a second look at this request and not just grouping it in with the many large subdivision waivers now'being proposed in Southold. As stated in my first letter, this parcel has been designated as a single lot with two different, (R-80 and MII) zoning classifications. I understand that this property is one of · only two parcels located on Fishers Island that has this unique multiple zoning classification, although nobody is quite sure of the reason. I have been contacted by two separate parties who are interested in purchasing each one of the zones. One party would like to build a home on the residential side, while the other party would like to purchase the MII side to protect their family property interest, which abuts the existing property. Our request is to simply split the property along the existing zoning line, while leaving the existing zoning classifications in place. No additional building or buildings will result from granting this request. Neither planning nor environmental factors would become a concern as a result of granting this request. The only change is that the parcels will have separate owners, but still governed by the same existing requirements. Thank you for your time and I would certainly appreciate any consideration available. Sincerely, Carolyn J. Doherty'~ cc: Town Clerk Neville Town Attorney Finnegan qSHERS ~D SOUND I { SILVER EEL COVE SOUTHOLD TOWN BOAR~ PUBLIC HEARING May 4, 2004 5:00 P.M. HEARING ON THE APPLICATION FOR A WAIVER FROM THE PROVISIONS OF A "TEMPORARY MORATORIUM ON THE PROCESSING~ REVIEW OF AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR THE SUBDIVISION OF CAROLYN J. DOHERTY~ SCTM #1000-9-8-2. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 5:00 p.m, May 4~ 2004 at Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of Southold", and extensions thereof,, for the minor subdivision of Carolyn J. Doherty for the parcel identified as SCTM# 1000-9-8-2 (The property is located on Fishers Island at Reservoir Road). COUNCILMAN WICKHAM: I have before me a notice that this legal has appeared on the Town Clerk's bulletin board outside and it has also appeared in the local newspaper as a legal notice. I have in the file a letter from the applicant explaining why she is requesting this and I am not going to read the whole thing "The parcel has been owned by m~; family for over 50 years. For as long as I can remember, it has been designated as a single lot with two different, that is R-80 and M-2 zoning classifications. I am told that this property is one of only two parcels located on Fishers Island that has this unique multiple zoning classification. My family has decided to sell the property and we have found two buyers who are currently interested. One would like to purchase the residential side but they do not want to deal with the M-2 piece of property. Luckily, a neighbor on Reservoir Road would like to purchase the M-2 portion. It is almost a match made in heaven. In regards to the subdivision moratorium, I fully understand and agree with the need to control the growth of the Town through proper planning. However, this request is far from a typical subdivision and should not be lumped May 4, 2004 Public Hearing- Doherty Waiver under the same guidelines as the farmlands on the North Fork. We are merely asking to split the property along the existing zoning line while leaving the existing zoning lines in place." I have a letter also from their attorney, which essentially says similar things, only much longer and I guess I can skip that. There is a letter fi:om the Town Planning Board in response to this. This is dated March 23, fi'om the Chair of the Town's Planning Board. "The Planning Board has reviewed the request and is making comments. In the following paragraph, the Planning Board will address the request in the context of land Use planning, consideration of any other comment or issues is beyond the scope of this review. Land Use - The parcel is located in Reservoir Road, east and adjacent to Fishers Island. (And there follows a recitation of all the facts) Currently, the parcel is improved with an unspecified "existing building" located in the southeast corner. The remaining acreage is vacant and wooded. The dominant land use in the vicinity to the north, east and south is residential with lots ranging fi:om .67 acres to 5.5 acres, in the R-80 zoning district and from .4 in the M-l/zoning district. Based on the above, the size of lot 2.1 would not significantly deviate from the general land use, nor the intent of the R-80 zoning district and the parcel sizes to the north and the east. However, lot 2.2 does not conform to the minimum lot size requirements of 80,000 square feet to the M-II zoning district and therefore would require a Zoning Board of Appeals review. Following the potential improvement of the lot 2.1 and 2.2 with single-family residences, the view-shed fi:om the adjacent parcels will be interrupted. Visual impacts will be assessed as a part of the State SEQRA Act, as part of the Southold Town Code. Transportation - The proposed action is located on Reservoir Road. Transportation impacts will be assessed pursuant to SEQRA. Natural Resources - The parcel abuts Fishers Island Sound. Both proposed lots include tidal wetlands. The parcel is expected to provide wildlife habitat. Slopes over 15% occur on-site, water ward of the DEC jurisdictional boundary. Any impacts will be assessed pursuant to SEQRA. Water Supply - Water supply will be assessed pursuant to SEQRA. Rural Character - The proposed action is located in a residential area and therefore is not expected to significantly impact rural character. The property is not located within an identified hamlet and therefore no impacts to the cultural, commercial and historical character of the hamlets are expected. Agricultural Lands - Therefore, no loss of agricultural lands will occur because it is not in an agricultural area. Open Space and Recreational Space - The size, location and use of the property provides visual open space to the surrounding community. Due to the private ownership of the parcel, the potential of recreational use is low. The Planning Board in a December 16 letter ruled that the proposed action, which includes a creation of lot 2.2 of some 36,000 square feet, is non-conforming and requires a determination from the Zoning Board. The Planning Board further stated that they would not review the application until a decisions from the Zoning Board of Appeals is issued. Furthermore, the Planning Board finds that the proposed action is indifferent from the proposed minor subdivision applications subject to the moratorium and that the supporting facts of the waiver request do not demonstrate substantive reasoning, nor severe hardship and therefore recommends that the Town Board deny the waiver request with consideration to the following. 1. The proposed action does not possess or propose ah executed contract either gifting or selling interests or rights in real property to a portion of the parcel to either the Town, County, The Peconic Land Trust or the Nature Conservancy. 2. The action proposes no permanent preservation in which interests or rights of property are being sold or gifted upon at least 75% of the parcel. If you have further questions, please do not hesitate to contact the officers in the Planning Board." We have letters fi:om attorneys and I believe that is all the substantive comments that have been received on this proposal to date. May 4, 2004 Public Hearing- Doherty Waiver 3 SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anyone care to address the Board on this specific public hearing? (No response) Is there anybody, is there a representative fi:om Fishers Island that is a representative of the property owner here? Are there comments fi:om the Board? (No response) We will close this hearing. Southold Town Clerk Carolyn J. Doherty PO Box 102 Fishers Island, NY 06390 Southold Town Board Southold Town Hall PO Box 1179 Southold, NY 11971 Re: Public Hearing SCTM# 1000-9-8-2 April 26, 2004 . Dear Members of the Town Board, This letter is being submitted as a request in favor of granting the waiver from the Temporary Subdivision Moratorium in regards to the above property located on Reservoir Roa~l, Fishers Island. This parcel has been owned by my family for over 50 years. As long as I can remember, the property has been designated as a single lot with two different, (R-80 and MII), zoning classifications, probably the result of the existing dock on the easterly side of the property in Silver Eel Cove. I am told that this property is one of only two parcels located on Fishers Island that has this unique multiple zoning classification. My family has decided to sell the property and we have found two buyers who are currently interested. One family would like to purchase the residential side to build a home with one of the prettiest views on the island, but they do not want to deal with the MI1 piece of property. Luckily, a neighbor on Reservoir Road would like to purchase the MII portion for the protection of his property. It's almost a match made in heaven. In regards to the subdivision moratorium, I fully understand and agree with the need to control the growth of the Town through proper planning. However, this request is far from a typical subdivision and should not be lumped under the same guidelines as the farmlands on the North Fork. We are merely asking to split the property along the existing zoning line, while leaving the existing zoning classifications in place. No additional building will result from granting this request. The only change is that the parcels will have separate owners, but still governed by the same existing requirements. Thank you for your time and I would certainly appreciate any consideration available. Sincerely, Carolyn J. Doherty cc: Town Clerk Neville · Town Attorney Finnegan / \ / FISHERS ISLAND SOUND SILVER EEL COVE ? $OUTHAI~TON, NEW YORK 119(~8 April 27, 2004 Southold Town Board cio Ms. Elizabeth A. Neville Southold Town Clerk P.O. Box 1179 Southold, NY 11971 Re: Request of Waiver by Carolyn J. Doherty (SCTM No. 1000-9-8-2) Dear Board Members: I am writing to respond to the Planning Board's March 23 2004 report to you recommending denial of the referenced request for a waiver from the temporary moratorium. In recommending denial of the waiver, the Board highlights two standards it asks you to consider. While those standards are germane to the issue of whether a subdivision qualifies for an exclusion from the moratorium, they are wholly irrelevant to the issue of whether a waiver from the moratorium should be granted. Implying that these criteria would justify denial of a waiver in this instance, the Board states that the proposed subdivision does not (i) further the gifting or selling of interests in real property to the Town of Southold or other conservation groups, or (ii) promote preservation of at least 75 percent of the entire parcel. In fact, the categories listed by the Board are two of several set forth in Section 4 of the Local Law that would allow an applicant to the Planning Board to avoid the moratorium altogether and proceed with his application without a waiver. Those cateaories have nothinq to do with the criteria under which a waiver application is to be considered pursuant to Section 6 of the Local Law. The owner, Carolyn Doherty, acknowledges that, since the Planning Board has characterized her application as one for a subdivision instead of a "setoff", that application does not fit within any of the categories of actions that are excluded from the moratorium. That is why she needs a waiver. Indeed, if the applicant could satisfy either of the two preservation standards the Planning Board asks your Board to consider in Southold Town Board April 27, 2004 Page 2 denying the waiver, she would not even need the waiver and there would be no necessity for her waiver application or a public hearing! The Planning Board's message appears to be that the applicant is not entitled to a waiver from the moratorium in this case because her subdivision is not excluded from the moratorium. That reading of the Local Law would render the appeal procedure and waiver standards meaningless because, taken to its logical conclusion, if an application fits within an exclusion category, the applicant would not need a waiver and, if it does not, the applicant would not be entitled to one. Under what circumstances, it would be fair to ask, would the waiver standards ever need to be applied? Interestingly, the Planning Board in its findings in the first two pages of its report does examine the criteria for a waiver. Indeed, it appears to agree with many of the assertions I made in my Memorandum to you of February 7, 2004. In the Board chair's own words, "the proposed action...is not expected to significantly impact rural character" (emphasis supplied); "no impacts on the Cultural, Commercial or Historical Character of the Hamlets are expected"; "no loss of agricultural land will occur"; and "the potential for recreational use is Iow". Logically, those findings would support a recommendation for the granting of a waiver, not for denying one based on other (irrelevant) standards. Finally, the Planning Board's report notes that a determination by the Zoning Board of Appeals is necessary. The applicant understands that relief from the Zoning Board will be required before Planning Board review. But that would also be true if the application were deemed to be a "setoff' and therefore excluded from the moratorium. Like the preservation issue, the need for a variance is simply not pertinent to whether a waiver of the moratorium should be granted. The applicant is merely requesting the opportunity to make her case, understanding that the relief requested may not be forthcoming. In summary, I respectfully request that you consider the Planning Board's findings in the first two pages of its report of March 23, 2004 but that you make your determination based on the waiver standards of Section 6 of the Local Law, not on the exclusion categories of Section 4 or the necessity for Zoning Board relief. Very truly yours, Stephen L. Ham, III cc: Southold Planning Board Mr. Mark Terry Planning Board Town of Southold P. O. Box 1179 Southoid, NY 1 ~97'i Soothold Town -- Ple~nin~, Boar~ April 12, 2004 Dear Mark: Re: Application of Carolyn J. Doherty (SCTM No. 1000-9-8-2) If you have not already done so, please mail me a copy of the Planning Board's report to the Town Board on the application for a waiver of the temporary moratorium relating to the referenced matter. /(~_... ¢/~/¢2/,2Z' _ ~ Sincerely, Stephen L. Ham, III ELIZABETH A. NEV~.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 ~one (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 304 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: RESOLVED, that the Town Board of the Town of Southold hereby sets 5:00 p.m.~ May 4~ 2004 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing~ Review of~ and making Decisions on the applications for Maior and Minor Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit{s} in the Town of Southold"~ and extensions thereof~ for the minor subdivision of Carolyn J. Doherty for the parcel identified as SCTM# 1000-9-8-2 (The property is located on Fishers Island at Reservoir Road). Elizabeth A. Neville Southold Town Clerk PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Re: Ms. Elizabeth Neville, Town Clerk Jedlyn B. Woodhouse, Chair ~/~ Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for Proposed Minor Subdivision of Caroline Dohedy SCTM# 1000-9-8-2 Date: March 23, 2004 The Planning Board has reviewed your request (dated February 9, 2004) for comments on the above referenced waiver petition at its March 22, 2004 work session. In the following paragraphs, the Planning Board will address this request in the context of land use planning; the consideration of any other comment or issues is beyond the scope of this review. Land Use - The pamel is located west of Reservoir Road and east of, and adjacent to, Fisher's Island Sound on Fisher's Island. The proposed action involves the subdividing of a 3.30 acre, split zoned pamel (SCTM# 1000-9-8-2) into two lots; where lot 2.1 is located in the R-80 zoning district and equals 2.48 acres: Lot 2.2 is zoned M-II and equals .82 acres. The R-80 and M-II zoning districts require a minimum lot area of 80,000 sq ft orl.83 acres. Therefore, Lot 2.2 is proposed as nonconforming. The zoning district R-80 is located to the north and east of the parcel. The zoning district M-II and R-40 is located to the south of the parcel. Currently, the parcel is improved with an unspecified "existing building" located in the southeast corner. The remaining parcel acreage is vacant and wooded. The dominant land use in the vicinity to the north, east and south is residential with lots ranging from .67 acres to 5.58 acres in the R-80 zoning district and from .43 in the M-II zoning district. Further south the area is zoned R-40 with lots ranging from .30 acres to 3.84. Based on the above, the size of Lot 2.1 would not significantly deviate from the general area land use, the intent of the R-80 zoning distdct and the parcel sizes to the north and east. However, Lot 2,2 does not conform to the minimum lot size requirements (80,000 sq. fi) for the M-II zoning distdct and therefore would require a Zoning Board of Appeals review. Following the potential improvement of the Lot 2.1 and 2.2 with single-family residences, the view-shed from the adjacent parcels will be interrupted. Visual impacts will be assessed as apart of the State Environmental Quality Review Act Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Transportation Infrastructure -The proposed action is located on Reservoir Road. Transportation impacts will be assessed pursuant to the State Environmental Quality Review Act Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Natural Resources -The parcel abuts Fishers Island Sound. Both proposed lots include tidal wetlands. The parcel is expected to provide wildlife habitat. Slopes over 15% occur on-site water ward of the NYSDEC jurisdictional boundary flagged on June 18, 2001. Any impacts to the natural resources will be assessed pursuant to the State Environmental Quality Review Act Article 8, Part 617. Water Supply -Water usage and sanitary impacts will be assessed pursuant to the State Environmental Quality Review Act Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Rural Character-The proposed action is located in a residential area, and therefore is not expected to significantly impact rural character. The property is not located within an identified Hamlet and therefore no impacts to the Cultural, Commercial and Historical Character of the Hamlets are expected. Agricultural Lands - Dominant soil types of the parcel are Escarpments (Es) - Capability Unit VIIIs-2 and Cut And Fill Land Steep (CUE) -Capability Unit unassigned. Both soils are unsuited for agriculture. Therefore no loss of agricultural lands will occur. Open Space and Recreation Space - The size, location and use of the property provides visual open space to the surrounding community. Due to the private ownership of the parcel the potential of recreational use is iow. Due to size, location and attributes of the pamel it is the Planning Board's finding that the proposed action upon SCTM# 1000-9-8-2 cannot fully support the planning objectives of the Town of Southold which include: The preservation of farmland and agriculture, recreational space and Rural, Cultural, Commercial and Historical Character of the Hamlets. Conversely, the action does not support the preservation of open space and the natural environment. The Planning Board, in a December 16, 2003 letter, ruled that the proposed action which includes the creation of Lot 2.2 (35,942 sq. ft) is nonconforming and requires a determination from the Zoning Board of Appeals. The Planning Board further stated that they would not review the application until a determination from the Zoning Board of Appeals is issued. Furthermore, the Planning Board finds that the proposed action is indifferent from the proposed minor subdivision applications subject to the moratorium and that the supporting facts of the waiver request do not demonstrate substantive reasoning nor severe "hardship" and therefore recommends that the Town Board deny the waiver request with consideration to the following: The proposed action does not possess or propose an executed contract either gifting or selling interests or rights in real property to a portion of the parcel to either the Town of Southold, The County of Suffolk, The Peconic Land Trust or The Nature Conservancy, The action proposes no permanent preservation in which interests or rights of property are being sold or gifted upon at least 75 percent of the entire parcel. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Cc: Valerie Scopaz, Town Planner Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney F, TJ~..~BETH A. NEVTT,T,~. TOWN CLERK REGISTRAR OF VITAL STATISTIC~ MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFIqCER Town Hall, 53095 Main P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CI,i~.RK TOWN OF SOUTHOLD To: To/wn Attorney Patricia Finnegan 2town Planner Valerie Scopaz From: Town Clerk Elizabeth Neville Re: Request for waiver on Moratorium Date: February 9, 2004 Transmitted, please find request of Stephen L. Ham m on behalf of Carolyn J. Doherty for a waiver to the subdivision moratorium on property located at Reservoir Road, Fishers Island, SCTM# 1000-9-8-2. Please review and prepare a written report of your recommendations and findings. Thank you. ATTORNEYS AND GOUNSE~ORS AT LAW 88 NUOE~ STmEET SOUTMAMPTON, NEW Yo~x H988 February 7, 2004 Town Board of the Town of Southold c/o Town Clerk P.O. Box 1179 Southold, NY 11971 Re: Waiver of Temporary Moratorium for Minor Subdivision of Premises at Fishers Island (SCTM No. 1000-9-8-2) RECEIVED FEB 9 2004 Southold Town Clerk Dear Board Members: On behalf of the owner and the contract vendee of the referenced parcel, I hereby request a waiver of the provisions of Local L~w No. 3 of 2002, as extended by subsequent resolutions, to permit the Planning Boa/rd and Board of Appeals of the Town of Southold to consider an application for a minor'subdivision of premises at Reservoir Road on Fishers Island (SCTM No. 1000-009.00-U8.00-002.000). With regard to this application for a waiver, I have enclosed seven prints of the minor subdivision plan prepared for Carolyn J. Doherty by CME Associates Engineering, Land Surveying and Architecture, PLLC, seven copies of a Memorandum setting forth arguments in support of this application for a waiver, and a check to the Town Clerk in the amount of the $250 processing fee. Please let me know immediately if you require any information, documentation or payments before this application can be processed. Very truly yours, Stephen L. Ham III Enclosures February 7, 2004 MEMORANDUM TO: FROM: RE: Town Board of the Town of Southold Town of Southold Planning Board Stephen L. Ham, III Waiver of Temporary Moratorium This Memorandum is being submitted in support of the application for a waiver of the Temporary Moratorium imposed pursuant to Local Law No. 3 of 2002, as extended by subsequent resolutions (the "Local Law"), so as to permit the consideration by the Planning Board and the Board of Appeals of the Town of Southold of an application for a minor subdivision of premises.owned by Carolyn J. Doherty (SCTM No. 1000-009.00- 08.00-002.000). FACTS: The 3.30+/- acre parcel that is the subject of the proposed minor subdivision is located at Reservoir Road on Fishers Island and lies partly within the R-80 Zone District (2.48+/- acres) and partly within the M-II Zone District (.82+/- acres). The division line proposed for the parcel is the division line between those two Zone Districts. The purpose of the subdivision is to permit the residential parcel to be conveyed separately from the commercial parcel. In addition to Planning Board approval, the subdivision will require a variance from the Zoning Board of Appeals. CRITERIA FOR WAIVER: In accordance with Section 6.a of the Local Law, the Town Board may grant a request for a variance or waiver if it finds that the variance or waiver will not adversely affect (1) the purpose of the Local Law; (2) the health, safety or welfare of the Town of Southold; or (3) any comprehensive planning undertaken in the Town. In making its determination, the Town Board shall take into account (a) the existing land use in the vicinity of the property; and (b) the impact on (i) the water supply, (ii) agricultural lands, (iii) open and recreational space, (iv) rural character, (v) natural resources, and (vi) transportation infrastructure. DISCUSSION: Of all the criteria set forth in Section 6.a., the most significant is obviously whether there will be an adverse effect on the purpose of the Local Law. Indeed, a whole section, consisting of about one-third of the entire Local Law, is devoted to its purpose. And it is clear from a reading of that section (Section 1 ) that the purpose of the Local Law is to protect farmland and open space or, in other words, to preserve the rural character of the Town of Southold. The proposed subdivision will not have any effect on the rural character of the Town nor will it have any impact on health, safety, welfare or comprehensive planning issues. The parcel is located on a residential street with mostly improved properties on generally smaller lots. It is only 3.30+/- acres, not a vast tract of open space, woodland or farmland. Impact on rural character is simply not relevant in this case. Whether or not the required approvals to separate the residential portion of the premises from the commercial portion are granted, one and only one single-family 2 residence can be built at the site. Since that residence can be built as a matter of right, its construction is consistent with the planning and zoning considerations embodied in the Town Code. While the lot area of the commercial portion would be nonconforming, it will be argued at the Zoning Board that no new nonconformity will be created since only 35,942+/- square feet in the M-II Zone District are available in any event and that available commercial area would not be diminished by the subdivision. The area of the M-II portion of the property is essentially a pre-existing nonconformity. The sole purpose of this proposed minor subdivision is to permit separate ownership of a residence that can be built as of right from the other building now present on the commercial portion of the property. It clearly does does not involve the development of a large tract of farmland into building lots that would support additional families, thereby impacting water supply, agricultural lands, open and recreational space, rural character, natural resources, or transportation infrastructure. CONCLUSION: Because the proposed minor subdivision does not involve a significant development of open space that the Local Law is designed to address, a waiver of the Temporary Moratorium is warranted in this case. S.L.H., III 3 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, ,.IR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2003 Mr. Stephen L. Ham, m Matthews & Ham 38 Nugent Street Southampton, New York 11968 Re; Proposed Minor Subdivision of Carolyn J. Doherty SCTM# 1000-9-8-2 Dear Mr. Ham: The Planning Board reviewed the above referenced concept at the workscssion on December 15, 2003. The following comments were issued: 1. The proposed action does not meet the Planning Board's set-off policy; Lot 2.17 is not further subdividable. 2. The proposed Lot 2.2 located in the M-II zone is undersized. The minimum lot size requirement is 80,000 square feet for the zoning district. Consequently, the Planning Board has ruled that the proposed action is a minor and is subject to the Moratorium on subdivisions. The applicant should seek a determination from the Zoning Board of Appeals. The Planning Board will not act upon the application until a determination fi.om the Zoning Board of Appeals is issued. Sincerely, ~ental Planner Cc: Planning Board December 3, 2003 Planning Board Town of Southold P. O. Box 1179 Southold. NY 11971 Attn: Mark Terry Re: Set Off Plan for Carolyn J. Doherty (SCTM No. 1000-9-8-2) Dear Mark: Further to our telephone conversation this afternoon, I have enclosed a print of a proposed Set Off Plan relating to the referenced premises at Reservoir Road on Fishers Island. Please review this Plan and give me a call to discuss any issues you see, including the necessity for a variance whether or not the project is characterized as a setoff or minor subdivision. Sincerely, Stephen L. Ham, III Enclosures LASER FICHE FORM SUBDIVISIONS Proiect Type: Set Offs Status: Denial .~!~2'~ SCTM#' 1000 Proiect Name: Doherty, Carolyn Location: Reservoir Road, Fishers Island Hamlet: Fishers Island Applicant Name: Carolyn Doherty Owner Name: Carolyn Doherty Zone 1: Approval Date: PLAT Si,qned Date: SCA O Records Management OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's ' Homeowners Association · R and M Agreement: Address: County Filing Date: Zone 3: SCAN Date: ~ ) ~ /',, _o~ NYSDEC JURISDICTIONAL BOUNDARY -t ~ ~llarr ,, I / ' N/F/ -- ~%~.%%~x 7~lii~?ll,~.~-~ ~"m'~ ~ ' :,:~:?"~F,~., ,, X / AS DETERMINED BY NYSDEC 6/18/01 I ~ ~,~ ~ .A,~¢'h~,,3, ~ ]' ~ 2111 Illl ~ /~IN CONCRE~ SCHOOL DI~IKIUI ~ ~/!I~/~N~ i, ' ~ ~ '$~,~ ~ k~ '~(/~J~ ' % ~ t~'~ ~''~ / ~ ,) ? _/I // ~y fAD Ill ~ ~ ~ ~ 7t~ '~,~ ~',~ ~ LOCATION MAP SCALE ,, ,- / Z / / 1' ,'/, ' >~ ~k, I Il % Ir I '~ /I II I I / [ ~ ~"NCRE= ~ q '-- X X ROAr); FISHERS IS~ND, NEW YORK; DATE; MARCH 25, 2001; SCALE: ~. ~ ' I. ~ ~ [%~ / / ~ % l/ /J [ [ / N ~ OBSERVA~ON ~ ~ ' =401 SHEET 1 OF 1; CHANDLER, PALMER A KING NORWICH CT. '_~h ~ ~ ll . ,,t "~.(,(,/ x ~. K~ MAP SCALE 1"=100' 5~ ~X ','XX~~_ /~,, ~ ' ': ,~ X,xX XT~'N. 1.) I'HIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE ~ I ~' Q~A~ xx ,' ~ ~ ~ ~- /1' N X ~ ~ .... ' INDI'ATFD HEREON, ANY ENTENRION OF THE .I$~ BEYOND THE il / ~ ~4.~x._x~ / ~/-~ L--I~ N , ~ PUR?OSED AGREED TO BE~EEN THE CLIENT AND THE SURV~OR ~J ' -~/'~ % '%~% ~ '~ ~ ' , [ ~__ EXCEEDS THE SCOPE OF THE ENGAGEMENT. _........~T~'~P~ ...~,,.T~TAkth.~.,~qnttATn 7 I ~k_X ~.'X~ --Ak' ~ /~ z ~ & X ,' NYSDEC OURiSDICTIONAL BOUNDARY 2,) ,IT IS A VIO~TION OF THE STATE EDUCATION ~W FOR ANY :~ ~,~/-~¢~ ~,~ ~ k ~ / o~ ~ ~AS D~ERMINED BY NYSDEC 6/18/O1 PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED /~ N IX~"~ ~. g-'--X x. ~ ~ ~,n ~ T ~ND SURV~OR, TO ALTER AN TEM N ANY WAY /I/ 'x t x :k~'~:~XX~-~'~'~*}~'~.~ N'[ 5) DNLYCOPIES OFTHIS SURVEY MARKED WITH THE ~ND Ill ~ I ~ NITx?~ '2¢~%%)x~ ~ ~' 4 ~ YQ 1, JEANNE~k MAY S~RVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK S~L //~ ~ ~ / j/~ x,~ ~ ~~ k ~ ~ ' ARE THE PRODUCT OF THE ~ND SURVEYOR. *'IJ i ~ { l/ ~ ~ ~X~--~o'~ ~?~ ~ i 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND ~11~ I ¢ ~TIDAL ~T~ND~ AS I . ,/ ~/ ) ~ ~ ~ '% X ~ MAP 1000. SECTION 009. BLOCK 8. LOT 2. > = IIi I / ~ CERIFIED~ BY 6. gUS~ ~ /~/ /~ ~/%- ~4-% % /% / ~¢~ ~ n ~ 8.~ TOTAL AR~ = ~ 50~ ACRES I/~ ~ ~ I J,M,O. CONS~NG ~1/ / / -~ ~ %. ~g~% % /% / ¢~g~. ~ ~ ' ' ' X/ ~ 8.) ~,PPLICANT: CAROLYN dULEEN DOHERW II / / k% ~/ X / ~X ~X X "Oe~ P,O. BOX 102 II I / COBELE , .' ~ ~'~. ~ ~ ~ .~'X % ~ 'RON~ ] FJSHERS IS~ND, N.Y. 065g0 ~I ~ N/P s F SQUARE FEET MICHAE ~ ~~ON PIPE $ANDNA CULLT~N ~ N ~ o ~ ~ ~NOLE ~L~ESIDENCE ~ ~ X FENCE QUALI~ CONTROL CERTIFICATION SILVER EELCOVE........... ~ %~IgA)~,~ ~ ', ~. TREEUNE // '~ DATE'. CROUP REVIEWED DATE.~.. ,., * .... % 5 '/ //'*~ SCALE: 1 = 40 C'L ~ X X G~PHIC sc*.~ ,. r~T =""¢"~"~ FZLE ] ~ NYSDEC JURSDCTONAL BOUNDARY ' J N/F ~./~ ~ , ~m~ ~ I~u~tJ nil HI) I1) /~IN CONCRE~ SCHOOL DIS~ICT I ~l~ r~ ) l TOWN OF SOUTHOLD; SUFFOLK COUN~ j~ IIIJllll ~ x X ~ '~ ~~~--'---~'~ / ~ (~'.',~ ~ /~ X ~ · N~ YORK', PHOTO NO. 41-1185-8~ X '~'"iH,;lq ~, ~ ~ ..x CHILSED C.OSS ~ ~ ~~:7:-~., h) ~ ~ ~"~ ~ X /[~F%:,' uz% /~)~'~ ~ / ~ / ' ' ~g~.~'~' I ,~x', '%, ~ / ~/~ %%~ /tX ~/ q /~h'/ ~r~,~- '~ ~ff~' )~,I X : I~~<~'_,X --.7- .'x / ~/ xx ~ ~ U)~ ~1// ~ ~1~/ ~../~ / I .. I~ I.' I II ~,' ~~7~/~_ ~ ,X ~ ~'.. ~ .~,~. ,,~ o~.~ ,,, ~Jllll I I r / ~ ~ / IX i~ F I ll ~I ~ ~ ~_~--A ll~ '~ j LUgAIIUI~ IVIAF OgALg / ~ ~ ) q~&- ~ ~ ~ ~ .:~ ' ~ k % ~ .... I~DICATED HEREON. ANY EXTENSION OF FHE USE BEYOND THE ~ ~ ~ ~ m ~ ~ ~'C'~ ~ ~ / ~ ~~ ~ ~ ~ PURFOSED AGREED TO BE~EEN THE CLIENT AND THE SURV~OR )~ /' ~~ _ ~ ~ ~ ( ~ ~ ~ / -_ ZXC:OSmZSCO~ZOZmZ~NOA~Z~ZN~. ~L~~TOTTP~O ~b~I~T~T A~T~ ~U~O~TT~T~ ~ ~ ~~~ ~X,.~ XX ¥ ~ / ~ ~mm ~ ~ ,* NYSDEC dURISDIOTIO~L BOUNDARY ' 2.) IT IS A VIO~TJON OF THE STATE EDUOATION ~W FOR ANY ,~ L~, ~/~ ,~ ~ X ~ ~ / o ~ ~AS D~ER~INED BY N~DEO 8/18/01 PERSON, UNLESS AOTING UNDER THE DIREOTION OF A LIOENSED /~' ~ JX~~X %. XXX XX~ ~ ~ " , ~ND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. Iii I I ~1/~ ~'~'~X~x~ ~ ~ ~ ~' dEANNE A MAY SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK S~L II~ I I I I~. ~'~ ~ ~ xxx, x~ ~ X ~ ~ ~ ~ ~ ARE THE PRODUCT OF THE ~ND SURVEYOR. .~'7] i ~ j //' ~ ~':~, , ~t~i~ L / 4,) C:OORDINATE DISTANCES ARE MEASURED FROM U,S. COAST AND ~ll/ I I I f~ I ~ ~ ~X X. ! k ~X~ X,~ - ~ GEODETIC SURVEY TRIANGU~TION STATION "PROS" ~/J~ ,I [ ,l~..~o~J LIMITSi~F V X /> ]~> 'X ~ X ~ X~ ~ ~ 5.) SITE IS IN THE TOWN OF SOUTHOLD. COUN~ OF SUFFOLK TAX ~11.~ I I ]TIDAL ~ET~NDS AS / ' /' ~/' .) ', ~ ~ ~ ~ ~ . / ~ MAP 1000, SEOTION 009. BLOCK 8. LOT 2, II ~ ] COBBLEC ,.. ~~. '~>' X ,~*~'X . .ii 'RON~IRON~' / FJSHERS 'S~ND, N,Y. 06~90 COl 3.4 N/F NOW OR FORMERLY /g ~ ~ N F ~ QUAU~ CONTROL CERTIFICATION ~]~ ~ X fENCE ~ .~. ~EU~E DATE', 01/05/2004 sunv~ ~ t' ~-.~~ 40 20 0 40 GML ~-- -- gRAPHIC SCALE IN FEET SHEET , , . FILE I