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Home My WebLink About1000-31.-13-10.1PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1988 Fax: 631 765-3136 To: Ms. Elizabeth Neville Town Clerk From: Jerilyn Woodhouse, Chair Re: Request or Waiver from Local Law No 15 of 2004; Temporary Moratorium on the Processing, Review of, and making DecisioNs on the applications for Major and Minor Subdivisions, and Special Usc Permits and Site Plans containing dwelling Unit(s) in the Town of Southojd for the Minor Subdivision of Deborah Kusa SCTM# 1000-31-1~'-10.1 Date: October 28, 2004 In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The parcel is located on the south side of Main Road in East Marion. The proposed action involves the subdividing of an 8.4 acre parcel (SCTM# 1000-31- 13-10.1) into three lots where Lot 1 would equal 3 acres; Lot 2 would equal 2.75 acres and Lot 3 would equal 2.55 acres. The Zoning District is R-40. None of the lots are proposed as clustered lots. Proposed Lots 1 and 3 are unimproved. Proposed Lot 2 is improved with a single family residence. The action would create two new residential building lots. The Planning Board has reviewed the file and the request for waiver and recommends that the Town Board deny the waiver request due to the following: 1. 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. 2. 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. Therefore, the Planning Board finds that the proposed action is indifferent from 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 does not warrant the granting of a waiver. This decision is further supported by the following facts: Land Use - The property is located south of Main Road and north of Gardiner's Bay. Abutting parcels located to the east and west are either improved with single family residences or vacant and range from .9 acres to 3.95 acres. Based upon such, the proposed action would not significantly deviate from the general land use or lot sizes located within the area. The subject parcel is zO;~ed R-40, which requires a minimum size of 40,000 square feet per lot ^ll/~ots exceed the minimum zoning district requirement Note, However, that pursuant to the newly adopted Subdivision Code, the Planning Board is required to cluster the proposed lots to 40 percent of the buildable land area resulting in lots approximately 40,000 sq. ft. in size. The properties to the north, south, east and west of the subject parcel are zoned R- 40. The proposal proposes less than permitted density for the parcel. No covenant has been offered to the Planning Board to extinguish the remaining development rights following an approval of this action. The petitioner states that the parcel is located within the "Hamlet" of East Marion. This statement cannot be confirmed due to the ongoing study being conducted by the Cleary Consulting Group that includes delineating the Hamlet areas. Transportation Infrastructure - The frontage of the Lot 1 is proposed on the Main Road. Lot 2 and 3 are proposed to be accessed via "flags". It is unclear if Lot 1 would access over the "flag" of Lot 2. Transportation impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Natural Resources - The parcel abuts Gardiner's Bay. A concrete bulkhead delineates the upland and marine wetlands. No other known sensitive environmental, archeological or cultural features exist on site. Natural Resources will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617. Water Supply - A existing public water main is located .06 miles to the west of the property. Water source for the proposed lots is unspecified. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. Water usage will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617. Rural Character- The existing residential structure on the parcel is set-back from Main Road and is not visible. The proposed action may result in the construction of two new residential structures that would impact open space and the viewshed south of Main Road. Visual impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617. Agricultural Lands - The majority of the parcel (6.5) acres is comprised of lawn/fallow field. The property is not included in the Town of Southold Community Preservation Plan due to parcel size (less than 10 acres). Dominant soil types of the parcel are HaA-Haven Loam, 0 to 2 percent slopes; Capability Unit I-1. The soils are listed as well suited for crops (USDA Soil Survey of Suffolk County, New York (1975)). Open Space and Recreation Space - The size, location and current use of the property provides private open space to the community. Due to the private ownership of the parcel, the potential of recreational use is Iow. As mentioned above, the Planning Board does not find that the reasons set-forth supporting the waiver request demonstrates a severe hardship to warrant a recommendation of approval and therefore recommends denial based upon the following: 1. 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. 2. 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. 3. Pursuant to Local Law Number 15 of 2004, Section 6, Item a. line 10; The application must comply with all other applicable provisions of the Southold Town Code" to qualify for a waiver from the above referenced law. The proposal as submitted does not conform to Chapter A106 of the Town of Southold Town Code. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Cc: Valerie Scopaz, Town Planner Kieran Corcoran, Town Attorney SUBDIVISIONS Location:' s/s/o NYS Rt. 25. East MpriOn Hamleb East Marion Aoolicant Name: Deborah Kusa Owner Name: Deborah Kusa Zone 1: R-40 Ar)Droval Da~: PLAT Sianed Date: OPTIONAL ADDITIONAL INFORMATION Zone: 2; c a R s: HomeoWners Association: R and M Ameement: ^ddre'as: County FitinR Date: ,2~qne 3: SCAN Date: SCANNED JUL 29 2006 1 Records Management tt SURVEY' SITU/',TF_ TOWN OF SUFFOLK Oi- PROPFRTY' EAST lvlARION SOUTHOLP OOUNTY', N.Y'. SUP. ME'rED APRIL 2_5, Iqq8 SUFFOLK 60UNTYTAX NAR I000 51 15 I0.1 6ERTJFlt~? TO: P~BO~AH A. KUSA SUFFOLK C, OUNTY NATIONAL C,O~YiONJdEALTH LANP TITL~ Pe BANK I NSURANC, E $~,5 °Sq'lo NOTES: Fq DENOTES MONUMENT FOUND ?ENOTES PiPE FOUNP 60. AREA = &50 AC, RES I~L~6 °1~ '10 "bi 400.00,