HomeMy WebLinkAboutSub-Four Acre Parcels within the CWPA Dec-88
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REPORT
on
SUB-FOUR ACRE PARCELS
within the
CWPA
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December 13, 1988
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Questions have been raised concerning the effect of the Core
Watershed Protection Area(CWPA) on small landowners within the area.
This group of sub-four acre parcels represents less that 360 acres out
of the 2,600 acres of land within the CWPA. However, while the total
area of these parcels is less that 14% of the total area of the CWPA,
they do represent the bulk of the number of parcels. The overall plan
has some impact on a total of 448 parcels of which 276 are sub-four
acre lots. The sub-four acre lots, therefore, represent 61% of the total
number of parcels with the CWPA. More importantly, out of the 351
parcels within the Water Protection Zone (WPZ - the area using TORs),
the 276 sub-four acre lots comprise 79% of the total.
These figures make it clear that the owners of the sub-four acre
lots are the majority of those affected by the CWPA and the WPZ.
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A review of the CWPA plan indicates that removal of these
properties from the plan is not possible. There are a few areas where
the concentration of these lots is particularly high, such as Oregon
View Estates and Henry's Lane, but most of the lots are spread out
along the major roads through the CWPA. The removal of these lots .
would negate the overall goals of the CWPA by creating hundreds of
"holes" within the area where the lack of regulation could allow point
sources of contamination.
The fact that the majority of the parcels within the CWPA are sub-
four acre lots, and the inability of the plan to work up to its potential
should the sub-four acre lots be excluded, make clarifying the impact
of the CWPA on this group of parcels particularly important.
One of the most important aspects of the impact would be how the
plan influences property values. Fully 87% of the sub-four acre
properties are two acres or less with an additional 9% between two and
three acres. The remaining 4% represent lots that range in size between.
three and four acres (see Table 1).
Table 1
Size of Lots Number of Lots % of Total Sub-Four
(Acres) in CWPA Acre Lots
0-1 181 66
+1 - 2 59 21 .
+2 - 3 .0' 24 9
+3 - 4 12 4
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Most of the sub-four acre parcels, perhaps as much as 96%, would
be unaffected as far as property values since these lots are too small
for further subdivision under present zoning. Every parcel within the
WPZ is entitled to at least one residence so all sub-four acre parcels
could have one dwelling assuming the lots. comply with all other
applicable regulations. In short, as far as density and value is
concerned, the owners of 96% of the sub-four acre parcels retain the
rights they now have.
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The remaining group of three to four acre lots, 4% of the total,
is still under study. Using the presently proposed formula for TOR
yield, these lots would not be of sufficient size to receive any TORs.
Yet under the current R-80 zoning, some lots, with the proper Zoning
Board of Appeals approvals (which might or might not be granted),
could be further subdivided. Certain consideration should be given
these lots in any final plan. Perhaps a system much like that presently
employed could be used where, with review and approval, the ZBA
could grant this specific group of parcels a TOR, which would represent
compensation for the loss of a building plot.
Other impacts are the proposed regulations; no bulk storage of
pesticides or fertilizers; permits needed for exposure of the water table,
topsoil stripping, or land clearing; change of zoning to nonconforming
use for all non-agricultural-residential properties; no lawn care or
landscaping services; and above ground storage of petrochemicals. While
these regulations certainly do represent some constraint on those in
the CWPA, the average homeowner of a sub-four acre parcel would have
little cause to be affected by them. None of these regulations would
change the present state of any property with regard to the way it
is being used today.
The change to nonconforming use for non- agricultural-residential
properties would not change any individual's right to continue to utilize
a property as it is presently being used. If, at some future time, one
of these properties failed to be used for its present use, it would revert
to agricultural-residential. This means that maintaining the use of these
properties is in the hands of its owners.
. Bulk storage regulations would place no burden on' the average
homeowner who have no need for such chemicals.
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Actions requiring permits (topsoil stripping, exposure of the water
table, or land clearing) could, in some instances, affect the owners
of sub-four acre parcels. These individuals, upon showing need and
conformance with objectives of the CWPA, could be granted such
permits. While this is a hinderance, it surely is a much lesser
imposition than the town presently places, with good reason, on property
owners near wetlands.
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Above ground storage of petrochemicals would only be of concern
to property owners if and when their present oil tank needed to be
replaced. Those tanks presently in place would remain as they are
with no mandatory removal unless they start to leak.
Finally, are there any advantages to the owner of sub-four acre
parcels as a result of the CWPA plan? The answer to this is a definite
yes. The town is well aware of the need for a unified water management
program and the implementation of the proposed town's water needs well
into the future. What this means to the individual owner is that the
water beneath his property would be the most protected and secure
water within Southold Town. The quality of the groundwater under .
his property would be the first benefited by this program. This, by
itself, would be a tremendous benefit for the property owner, but, in
addition, there is a nonwater related advantage in that any individual
dwelling within the CWPA could, for the most part, be assured of very
little change in the state of the land surrounding his property. There
will be some future construction within the WPZ but such building would
be at the rate of one unit for every ten acres. This, coupled with
the long term goal of increasing the amount of woodland within the
CWPA, would create a preserve-like atmosphere. In turn, this should
increase the value of those homes within the area, creating an added
financial benefit.
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