HomeMy WebLinkAbout1000-96.-1-11.1PLANNING 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 P~oute 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: Jerilyn B. Woodhouse~ ·
Re: Petition request for a 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 the minor
subdivision of Tom McCarthy at Cutchogue SCTM# 96-01-11.1.
Date: August 5, 2004
The proposed action involves subdividing a 27,748.41 sq. ft. parcel (SCTM#
1000-96-1-11.1 ) into 3 lots; where lot 1 equals 9249 sq. ft., lot 2 equals 9249 sq.
ft. and lot 3 equals 9249 sq. ft. for single family residential development.
The petitioner states the following reason for the waiver:
1. In a June 23, 2004 letter to the Town Board: "extreme financial
hardship".
2. In a July 20, 2004 letter to the Planning Board:
a. In response to Preservation of Farmland and Agriculture;
i. "neither of the parcels are suitable for farming"
b. in response to Preservation of Open Space and Recreational
Space;
i. "neither parcel is suitable for open space or recreation"
c. In response to The Preservation of the Rural Cultural
Commercial and Historic Character of the Hamlets;
i. "the proposal for multiple Iots...will serve to repopulate
this neighborhood, create affordable housing...and
stimulate investment"
d. In response to Preservation of the Natural Environment
i. "will not affect any undisturbed lands...and is in an area
specifically designated for housing".
3. In a July 20, 2004 letter to the Planning Board;
a. "This land has been involuntary converted from a business use
to a residential one".
b. "This involuntary conversion, a moratorium on Church Lane
area, the change of zone, two pieces of yet pending litigation
and a current moratorium on subdivisions have created an
extreme financial hardship as well as a practical difficulty..."
Land Use - The property is improved with a single family residence and is
wooded. To the east and west the dominant land ~Jse is residential. Residential
lots abutting the rear of the parcel range from 9,5~.'0 sq. ft. to 14,690 sq. ft.
Residential lots across the existing private right-df way range from 12 040 sq. ft.
to 1.52 acres (The Cutchogue Baptist Church parcel which is Z shaped and
includes the right-of-way area). The Town of Southold Landfill is located to the
north of the parcel and County Route 48 to the south. All residential lots in the
neighborhood are currently non-conforming. Based upon such, the proposed
action would not significantly deviate from the general area land use or lot sizes
in the area.
The subject parcels are zoned R-40 which requires a minimum size of 40,000
square feet per lot. The proposed lots do not conform to the minimum lot size
within the zoning district and would require a determination from the Zoning
Board of Appeals prior to any Planning Board approvals
Transportation Infrastructure -The frontage of the lots is proposed on the
existing 28' wide, private right-of-way. Access is proposed over the existing
right-of-way. Proposed lots are expected to be covenanted to prohibit any new
curb-cuts or direct access to and from County Route 48. Note, that the
cumulative total of the number of lots proposed to be served by the right of way
would require that the right-of-way be widened to 50' with a 24' road sun'ace.
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 pamel is currently improved. No wetlands or slopes
greater than 15 percent occur on site. No known archeological sites exist on site.
Natural Resources will be assessed pursuant to the State Environmental Quality
Review Act Section Article 8, Part 617.
Water Supply - The applicant has stated that water supply will be accomplished
via extension of an existing public water main. Sanitary disposal within the
proposed subdivision will be managed by on-site underground sewage leaching
systems. The proposed action is not expected to significant impact the Town of
Southold water supply system. However, water usage will be assessed pursuant
to the State Environmental Quality Review Act Section Article 8, Part 617.
Rural Character - The proposed action is located adjacent to the capped Town
of Southold landfill, and embedded within an existing residential area screened
by vegetation, therefore, the action is not expected to impact the rural character
of the Town of Southold. Any new improvements are expected to be screened
from County Route 48 and the existing homes by retaining existing vegetation.
Visual impacts will be assessed pursuant to the State Environmental Quality
Review Act Section Article 8, Part 617.
Agricultural Lan~s - The proposed action will not adversely impact agricultural
lands. /
Open Space and Recreation Space - Due to the size and location of the
property, the value as open space to the community is Iow. Additionally, due to
the private ownership of the parcel the potential for recreational use is also Iow.
Based upon the above assessment, the proposal is not expected to cause
significant, adverse impacts to water supply, agricultural lands, open space and
recreational space, rural character, natural resources and transportation
infrastructure.
However, pursuant to Local Law Number 3 of 2002 et. al., 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 applicant proposes non-conforming lots in the R-40
zoning district. Therefore, a determination from the Southold Zoning Board
of Appeals is required.
Based upon such, 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.
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
RICHARD CAGGIANO
WILLIAM J. CREMEHS
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: Jerilyn B. Woodhouse, Chair
Re: Petition request for a waiver from Local Law Temporary Morato#um 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 proposed
minor subdivision of Angelo Stepnoski at Cutchogue SCTM# 96-01-
12.
Date: August 5, 2004
The proposed action involves subdividing a 29,823 sq. ft. parcel (SCTM# 1000-
96-1-12) into 3 lots; where lot 1 equals 9941 sq. ft., lot 2 equals 9941 sq. ft. and
lot 3 equals 9941 sq. ft. for single family residential development.
The petitioner states the following reason for the waiver:
1. In a June 23, 2004 letter to the Town Board: "extreme financial
hardship".
2. In a July 20, 2004 letter to the Planning Board:
a. In response to Preservation of Farmland and Agriculture;
i. "neither of the parcels are suitable for farming"
b. In response to Preservation of Open Space and Recreational
Space;
i. "neither parcel is suitable for open space or recreation"
c. In response to The Preservation of the Rural Cultural
Commercial and Historic Character of the Hamlets;
"the proposal for multiple Iots...will serve to repopulate
this neighborhood, create affordable housing...and
stimulate investment"
d. In response to Preservation of the Natural Environment
i. "will not affect any undisturbed lands...and is in an area
specifically designated for housing".
3. In a July 20, 2004 letter to the Planning Board;
"This land has been involuntary converted from a business use
to a residential one".
'q'his involuntary conversion, a moratorium on Church Lane
area, the change of zone, two pieces of yet pending litigation
and a current moratorium on subdivisions have created an
extreme financial hardship as well as a practical difficulty..."
Land Use - The parcel is occupied by a dilapidated structure and/'is wooded.
To the east and west the dominant land use is residential. Residential lots
abutting the rear of the parcels range from 9,520 sq. ft. to 14,690 sq. ft.
Residential lots across the existing private right-of way range from 12,040 sq. ft.
to 1.52 acres (The Cutchogue Baptist Church parcel which is Z shaped and
includes the right-of-way area). The property abuts a parcel improved with a
single family residence to the north and County Route 48 to the south. All
residential lots in the surrounding neighborhood are currently non-conforming.
Based upon such, the proposed action would not significantly deviate from the
general area land use or lot sizes in the area.
The subject parcels are zoned R-40 which requires a minimum size of 40,000
square feet per lot. The proposed lots do not conform to the minimum lot size
within the zoning district and would require a determination from the Zoning
Board of Appeals prior to any Planning Board approvals
Transportation Infrastructure -The frontage of the lots is proposed on the
private28' wide right-of-way. Access is proposed over the existing right-of-way.
Proposed lots are expected to be covenanted to prohibit any new curb-cuts or
direct access to and from County Route 48. Note, that the cumulative total of
the proposed lots to be served by the right of way would require that the right-of-
way be widened to 50' with a 24' road surface. 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. The
Planning Board has not reviewed the dimensions of the current right-of-way and
it may be subject to change upon the processing of the application.
Natural Resources - The parcel is improved with a dilapidated structure and is
wooded. No wetlands or slopes greater than 15 pement occur on site. No
known archeological sites exist on site. Several large trees exist on site,
providing aesthetic quality to the community and should be retained. Natural
Resoumes will be assessed pursuant to the State Environmental Quality Review
Act Section Article 8, Part 617.
Water Supply - The applicant has stated that water supply will be accomplished
via extension of an existing public water main. Sanitary disposal within the
proposed subdivision will be managed by on-site underground sewage leaching
systems. The proposed action is not expected to significant impact the Town of
Southold water supply system. However, water usage will be assessed pursuant
to the State Environmental Quality Review Act Section Article 8, Part 617.
Rural Character - The proposed action is located adjacent to the capped Town
of Southold landfill and would be embedded within an existing residential area
screened by vegetation, therefore, the action is not expected to impact the rural
character of the Town of Southold Improvements are expected to be screened
from County Route 48 and the e~isting homes to the extent practical using
existing vegetation. Visual impacts will be assessed pursuant to the State
Environmental Quality Review Act Section Article 8, Part 617.
Agricultural Lands - The proposed action will not adversely impact agricultural
lands.
Open Space and Recreation Space - Due to the size and location of the
property, the value as open space to the community is Iow. Additionally, due to
the private ownership of the parcel the potential for recreational use is also Iow.
Based upon the above assessment, the proposal is not expected to cause
significant, adverse impacts to water supply, agricultural lands, open space and
recreational space, rural character, natural resources and transportation
infrastructure.
However, pursuant to Local Law Number 3 of 2002 et. al., 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 applicant proposes non-conforming lots in the R-40
zoning district. Therefore, a determination from the Southold Zoning Board
of Appeals is required.
Based upon such, the Planning Board recommends that the Town Board
deny the waiver request petition.
McCARTHY MANAGEM ENT~JC,
46520 County Road 48
SOUTHOLD. NEW YORK 11971
(631) 76$-581S
FAX (6.31)765-5816
DATE
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Memorandum
To: Planning Board Members
From: Valerie Scopaz
Re: McCarthy Waiver Petition and Revision # 4
Date: July 22, 2004
The following pages contain information pertaining to the McCarthy Waiver Petition as per
request for facts about the Church Lane neighborhood and a previous PB recommendation against
a waiver petition in New Suffolk.
!
remind
everyone that Rich Caggiano is leaving on vacation for two weeks(tomorrow I believe)
and the moratorium and waiver recommendations need to be completed before he leaves. -'
Notes on Church Lane, Cutchogue
See attached tax map and attached list of numbers and acreages.
The property in this subject area, as highlighted on the attached map, is zoned
R-40 Residential.
The minimum required lot area in this zone is 40,000 square feet.
There are twelve lots in this area.
The lots range in size from .21 to 1.52 acres (Cutchogue Baptist Church).
The total acreage of all the lots within this area is about 6.43 acres.
There are 3 vacant lots and 9 developed lots.
The soundness of existing construction is not known.
All of the lots in the subject area are non-conforming lots under the current
zoning.
The subject lots, 11.1 and 12 are .63 and .62 acres in size. This is equivalent to
about 27,878 and 29,000 square feet. Mr. McCarthy indicated verbally an
interest is splitting each lot into three or four smaller lots, which would result in six
to eight lots in the range of 6,969 (.159 acre) to 9,666 square feet (.22 acre).
The smallest lot in this neighborhood is about 8,276 square feet or .19 acre.
V. Scopaz
07.22.04
Church Lane Change of Zone
SCTM ACRES
96 1 3 0.39
96 1 4.1 0.64
96 1 5.1 0.40
96 1 6 0.1§
96 1 7 0.25
96 1 8 0.34
96 1 9 0.28
96 1 11.1 0.64
96 1 12 0.62
96 1 13.1 0.24
96 1 14 0.30
96 1 15 0.4~
96 1 16 0.30
96 1 18.2 0.56
96 1 18.3 0.57
TOTAL ACRES--> 6.17
05/04,'1935 23:22 6317655816 MC~.ARTHY MANAGEMENT
cCARTHY
Real Estate, Inc. ,
4~0 T~ute 48, Sout~lOid, New York 11971
~1~31) 7/{5,5815 1631) 765-5816 FA.X.
F A'X
{ Number ofpe,~e~ Includln9 cover sheet_
IFROM:
,I F~x Plmne
631-765-58~ 5
637-765-58~6
REMARKS: [] Urgent g.} Foryourreview [] Reply ASAP [] Pleese Cornment
Your One Stop Real Estate Shop
23:-,~' 6317655816 MCCARTHY MANAGEMENT PA~E 82
CCARTHY
anagement, Inc.
46~20 Route 48. ~uthold, New York 11971
{631) 765-5815 (631) 765-5816 FAX
Southold Town Planning Board
Route 25
Southold, NY 119'/1
July 20, 200~
RE: 1000-96-1-11.1
1000-96-1-12
To thc Esteeraed Members of thc Board:
In response to your inquiry for further information to substantiate my request lbr
waiver, please consider the following additional infonnation,
i have b~n involv~l in this property since 1996 and have owned it since1998.
Mt. Slgpnnski has owned his property since 2000. The sole reason for our purchase of
this property was to develop it undor its Light Industrial Zoning classification. In this
regard, I have acted in good faith and made thc appropriate applications and in my
opinion b~cn erroneously denied my rights on this piece of property from the Building
D~partment, the Zoning Board of Appeals mid the Town Board. Through this lengthy
multi year process I have paid tees, revised surveys and site pla~ls been to countless
meeting both inside Town Hall and in various other venues to reach an accord not as to
how I wish to develop my property but on what others in the community think is best tbr
my property.
As you are well aware, your Board had an intelhgent dialogue and debate within
your own group ~ well as with Mr. Stepnoski and myself regarding a change of zone.
Th~'~ w*te foelings from some of your members that this ar~ should not be changed
from Light Industrial to R-40. Despite thos~ feelings, your Board offered a written
opinion ~o the Town Board that they int~rpretod to endorse the change in zone.
As a partially responsible parly for the outcome of the ultimate use of our land,
we ~rc seeking your assistance. This land has been involunlarily converted from a
business use to a residential one. Your Board was also well aware that through this
change of zone that none of effecled properties complied with zoning in many respects
not the least of which is lot area. Our application s~ks to create lots of similar size to
those that are already in existence,
This involuntary conversion after applications, hearings, meetings both public and
private, a moratorium in the Church Lane ares, the change of zone, two pieces of yet
Cortstruction Management · General Contracting · Custom Homes
-~o, .~- 6217655816 MCC~,RI~FI¥ M~a~q~,~MENT P~,~I~
pending li[igatton, and a current moratorium on subdivisions have created an extreme
financial hardship as well as a practical difficulty for myself, my contract vendee Mr.
Gene Chituk, and Angelo Stepnoski. llaese local business owners who live and employ
residents of our Town need a place to locat~ their business. As prices of Real Estate
skyrocket, and there is an extremely limited supply of Light Industrial property
available, we are all in limbo. We are caught up what should have been someone else's
fight, namely Southold Town. We all made our bargains relying on Southold Town
Zoning and what are rights are within the Code. These rights have been drastically
altered.
We ate u'ytng as 8ood m~'nbets oftbe community to move forward a proposal
that is in tbe b~st intarest of all involved. This proposal will allow us to rebuild an
appat~tly important neighborhood that has be~ in the state of decline and by doing so,
free up the ~pital that will be a necessary part of acquiring suitably ~oned land in which
Io locate these businesses. Without a timely waiver, our present opportunity to acquire
this land will expire, and we will be left with no prospects for other locations,
Your assistance in grantinl~ an exemption from the moratorium will demonstrate
your continued commim~ent to the people of $outhold Town.
Thank you
Sinoerely,
Thomas J, McCarthy
MCC:ARTH'/ H~qAEiEMENT
The~na~ d.
CCARTHY
¢al Estate, Inc.
Southold Town Planning Board
Route 25
Southold, NY 11971
July 20, 2004
RE: 1000-96-1-11.1
1000-96-1-12
To the Esteemed Members of~e Board:
In response to yom' inquiry for further information to substantiate my request tbr
waiver, please consider my application with respect to being consistent to thc stated
plarming objectives of the Town.
l, Preservation of Farndand and agriculture. Neiflter of these parcels are
actively farmed or are they suitable for farming because of their size.
2. Preservation of Open Space and Recreational spaee~ Neither of these
parcels have been used historically for open space or recreation nor are they suited tbr it.
3. The Preservation of the Rural Cultural, Commercial and Historic
Character of the Hamlets and surrounding areas. It has bccn said that both of these
parcels are stewed in history iu~d culture of the Church Lane Hamlet The Town l~.~ard
and the members of the community at large made it abundantly clear that this
neighborhood was worthy of saving and investing in. My proposal for multiple lots on
these two parcels will serve to re pogalate ~s neighborhood, create affordable housing
opportmfities for local residents, and to stimulate investment in other undeveloped and
underdeveloped lots m the neighborhood.
4. Th~ I~'ese~vaQon of the natural environment, This waiver will not effect
an,',' undisturbed lands and is in an area that has been specifically d~ignated fbr housing.
Please advise if ] can offer any more information to suppo~ your decision
Your One Stop Real Estate Si
Your assistance in granting an exemptioll from the moratorium gill demonstrate
your continued commitmcn~ to the people of $outhold Town,
Thank you
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTHAE OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOH31ATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To:
Supervisor & Southold Town Board Members
Town Attorney Patricia Finnegan
Town Planner Valerie Scopaz
From: Town Clerk Elizabeth Neville
Re: Request for waiver on Moratorium
Date: July 7, 2004
Transmitted, please find request of 640 Church St. LLC, by Thomas J McCarthy, for a
waiver to the subdivision moratorium on property located at in the Church Lane area, off
County Rt 48, Cutchogue, SCTM# 1000-96-01-11.1. Please review and prepare a written
report of your recommendations and findings. Thank you.
anagement, Inc.
46520 Route 48, Southold, New York 11971
(631) 765-5815 (631) 765-5816 FAX
RECEIVED
Southold Town Board
Route. 25
Southold, NY 11971
June 23, 2004
RE: 1000-96-1-11.1
1000-96-1-12
To the Esteemed Members of the Board:
IUN 2 9 3OO4
Soufhold Town Clerk
I am writing this letter to request a waiver of Moratorium for subdivision for the
above referenced parcels. I am a principal in 640 Church St. LLC and an authorized agent
for Mr. Angelo Stepnoski.
'It has been an extreme financial hardship for both Mr. Stepnoski and myself to ge
in a state of development limbo for the last several years. As you are aware there have
been applications to the Zoning Board of Appeals for dimensional relief, issues with a
moratorium on permits and ultimately a change of zone to residential use.
After a groundswell of public input, debate and tough decisions, it was decided
that th/s "Church Lane Hamlet" should remain in residential use. It is our intention to
create Hamlet appropriate lots that everyone desires and to be a leading force that restores
the historic development patterns and ensures the long term viability of this
neighborhood.
Your exemption from the moratorium will demonstrate your continued
commitment to the people of Southold Town.
Thank you
ThonYas ~
Construction Management · General Contracting · Custom Homes
Memorandum
To: Joshua Y. Horton, Supervisor
Members of the Town Board
From: Bennett Orlowski, Jr., Chairman
Members of the Planning Board
Re: Report to the Planning Board Regarding Church Lane Neighborhood
and the Study Area bounded by CR 48, Depot Lane, Oregon Road
and Cox Lane, Cutchogue, NY.
Date: October 6, 2003
Review of the Greenman-Pedersen Report'
The Greenman-Pedersen report deals primarily with the Chumh Lane focus area.
It found that the Church Lane community represented a significant part of the
African-American experience in Southold Town. The report stated that changing
the zoning classification of these fifteen parcels from LI to R-40 would encourage
the retention and/or expansion of existing residential dwellings in an historic
African-American community as well as to "create an opportunity to construct
some affordable housing units, consistent with the existing density...on the
vacant parcels..." (Greenman-Pedersen, Neighborhood Report, p. 13)
The report essentially provides an argument and rationale for reversing a public
policy dating back to the 1980s (and possibly earlier) that called for the phasing
out of residential development around the Town's sanitary landfill due to
concerns about the environmental hazards related to the landfill operation. The
report supports its recommendation by stating that an upzone "...would greatly
benefit the majority of landowners in the area..." ( Greenman-Pedersen, Appendix
2, page 14). It also states that "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."
(Greenman-Pedersen, Appendix 2, page 15).
Reference is made in the report to the now completed capping of the landfill and
the fact that it can now be transformed from "an eyesore to asset." (Greenman-
Pedersen, Section I, page 15). The report suggests that the proposed addition of
a 12 foot high noise barrier behind the two residential parcels east of the present
entrance to the landfill would mitigate the detrimental environmental impacts of
noise and litter to those two parcels. The report recommends reinforcing and
maintaining a vegetative screen between the bulk of the Church Lane
neighborhood and the compost facility as well as addressing the drainage issues
and the mosquito problem. An evaluation of Best Management Practices for the
facility is suggested to see if procedures or equipment upgrades could reduce or
prevent odors at the site. Reference is made to the public water supply main that
was extended to the neighborhood a couple of years ago. And, concerns are
raised over the continued operations of the composting and transfer stations.
The report does not provide details about the degree and nature of
environmental mitigation that the Town will undertake in order to safeguard the
health, safety and welfare of existing and future residents of the neighborhood
after the rezoning.
Proposed Action:
The Town Board is considering reversing public policy as it pertains to the zoning
of the property within the moratorium area and the Church Lane focus area. The
Greenman-Pedersen report and the public hearing on October 7, 2003 pertain
primarily to the fifteen (15) parcels within the Church Lane Neighborhood.
Planning and Envirenmental Issues:
The Planning Board reviewed the Long Environmental Assessment Form and
found that it does not address the known environmental problems at the site.
The landfill may be capped, but the composting, transfer and recycling
operations will continue and these operations have impacts that should be
mitigated.
The Planning Board discussed the Greenman-Pedersen report and the proposed
rezonings. In addition, a field inspection of the landfill operations and the Church
Lane neighborhood was undertaken by Planning Board member William Cremers
and Valerie $copaz, AICP, Town Planner, with Jim Bunchuck, Solid Waste
Coordinator.
The following facts were included in the Planning Board's review:
The existing entrance to the Landflll/Transfer/Composting site has
been the focus of ongoing traffic safety concerns. The Southold
Transportation Commission, the Southold Police Department and the
Suffolk County Department of Public Works have been working to
address these concerns. The installation of a traffic light by the
SCDPW at the intersection of Cox Lane and C.R. 48 was partly
predicated on the assumption that the Town planned to relocate the
landfill's primary entrance and exit to Cox Lane. In order to accomplish
this in the near term (i.e., prior to any redesign or renovation of the
current facility), careful consideration must be given to intemal facility
traffic flow patterns. This is because certain key structures and
operations (e.g. the scale, the recycling activity, etc.) are not designed
to accommodate traffic entering or exiting from other than County
Route 48. Providing safe alternate traffic patterns inside the
LandfillFFransfer/Composting site would likely require the relocation of
such structures and operations. The Town has received a conceptual
site plan for these proposed relocations, but, to the best of our
knowledge, has not committed to any specific actions, budget, or
timeframe to implement those actions. While specific required
improvements could be addressed separately from a comprehensive
site plan approach, they would involve major components of the
facility, as well as the operation. From a planning perspective, such a
piecemeal approach can compromise the achievement of desired long
term results. The traffic issue therefore, would most effectively be
addressed in the context of a comprehensive redesign of the facility if
possible (i.e., if the Town expects to move forward with a re-design
sooner rather than later).
The proposed noise barrier would afford protection primarily to the two
residential properties eastedy of the current entrance/exit to the landfill.
The purpose of the noise barrier is to block sounds from the
Landfill/Transfer Station.
Methane is being vented from the site. There are key testing locations
that are monitored on a regular basis. The output of methane
fluctuates. Presently there is a higher amount of methane being
vented from the easterly portion of the landfill than the westedy portion.
The Town operates the composting operation in accordance with a
permit from the NYS Department of Environmental Conservation. The
permit for the transfer station/composting facility states that the
operation is adjacent to an industrially-zoned area. While the permit
itself should not be jeopardized simply by a change of zone to
residential, Jim indicated that operations would likely be reviewed by
the NYSDEC, and that impacts could include limits on operating hours
(such as Sunday closure) er in the handling of certain materials (such
as the type of chemicals accepted on STOP days).
Operations at the Solid Waste facility are expected to continue and
intensify in response to future population growth.
The Greenman-Pedersen report cleady laid out the sociological and historical
reasons for rezoning the property from industrial to residential use, and the
Planning Board understands those reasons. The Planning Board also
understands the situation faced by people who have invested in this area based
on public policy.
if the rezoning takes place, it is incumbent upon the Town to take the next step
and address the long-term implications of this rezoning action. To clarify, a
rezoning to residential use carries with it the necessity of taking specific and
material steps to protect the health, safety and welfare of existing and future
residents of the Chumh Lane Neighborhood.
With regard to protecting public health, safety and welfare, it is crucial to
recognize that, as time goes by, the R-40 designation will be interpreted by
current and future property owners as an implicit statement by the Town that the
subject area is and will be a healthy, safe place to live. However, we know there
are potential environmental hazards or nuisances associated with the ongoing
operation of the Transfer/Recycling/Composting stations, and that these potential
hazards or nuisances will require ongoing monitoring, mitigation, and re-
mediation. As a result, the rezoning action should not stop with the rezoning
itself, but should be accompanied and buttressed by specific and active steps to
protect the Church Lane community. At the least, the following steps should be
taken in addition to (and preferably simultaneously with) the rezoning action.
Review Operatin.q Policies and Procedures at the Town's Sanitary Landfill
('closed), the Solid Waste Mana.qement Facility, the Transfer Station an~l
the Compostin.q Station.
o Prepare a plan that specifically spells out future operating
procedures and the proposed locations of all new structures.
o Prepare a landscaping plan for the strategic introduction of
additional landscaped berms and walls or fences to protect the
residents against noise pollution and litter. Where appropriate
substitute landscaped berms for solid walls because solid walls
may cause reverse sound pollution from County Route 48.
o Prepare a long term noise abatement plan for the Transfer and
Composting stations.
o Prepare an odor abatement plan for the Transfer and
Composting stations.
o Prepare a plan to eliminate any rodent, mold and insect
problems resulting from standing water or uncovered garbage.
o Institute a regular schedule of written notification of the Church
Lane residents in order to inform them of proposed changes to
operations, of testing results and of ongoing pollution mitigation
efforts.
Resolve Traffic Issues
o The volume and speed of traffic on County Route 48 is of
ongoing concern. The new traffic lights installed to the east, at
the intersection of CP, 48 and Cox's Lane, may partially mitigate
this problem. However, the traffic volume at the landfill is
considerable, e.g. an average of 571 vehicles per day of
operation {350 days per year} for a total of about 200,000
vehicles {2002 statistics} enter the site. An estimated 8,000 of
these vehicles were trucks of larger than one-ton capacity; of
which an estimated 2,100 were tractor-trailers. This type and
amount of traffic is not compatible with a residential
neighborhood. Accordingly, in order to protect the two most
easterly parcels in the Church Lane Neighborhood, each of
which contains a residence, and to ensure their inclusion with
the rest of the community, the CR 48 entrance to the landfill
should be closed entirely (except for emergency and fire-fighting
purposes) and al.~l traffic in and out of the
Transfer/Recycling/Composting site should be moved to Cox
Lane. In addition, the landscaping within the entrance area
should be increased so as to screen the view of the landfill
offices and employee parking area from the road and the
residences.
Monitor Water Supply and Contamination issues
o Groundwater at the landfill site and within the focus area is
contaminated. Although public water has been provided to
existing residences, existing and future residents of the
neighborhood should be informed (in writing) of the current
groundwater situation and the results and significance of any
existing and future testing.
Monitor Methane and Other Potential Pollution or Nuisance Issues related
to the Capped Landfill1 the Solid Waste Transfer Station and the Recycling
and Compostin.q operations
o The neighborhood should be informed (in writing) of the findings
of any existing and future tests that may be performed on Town
property for the purpose of tracking environmental pollutants,
whether existing or new, known or yet to be discovered. The
tests that may be taken may include, but should not be limited to
noise, water, air and ground pollution.
Land Swaps
o If the Town elects to offer municipal land to current property
owners within the Church Lane Neighborhood who had intended
to use their property for industrial purposes, the access to the
swapped land should not be granted over either the Tuthill
Lane* or the CR 48 entrances for reasons of traffic safety and
protection of the neighborhood, as noted earlier.
* Tuthill Lane is a private road, the ownership of which is
unknown. It is proposed to be rezoned to R-40.
Concludin.q Statement and Synopsis of Recommendation
Rezoning the Church Lane Neighborhood from Light Industrial to R-40 in order to
address social and other concems and needs raises other problems that will
need to be addressed, namely that of the rights of non-residential property
owners. If the Church Lane Neighborhood is rezoned from Light Industrial to
Residential, such action should be accompanied by Town actions and
commitment to ensure that the area will be a healthy, safe place to live. The
newly rezoned neighborhood will need additional protection as the use of the
Transfer/Recycling/Composting site intensifies and as the surrounding industrial
land to the east and west continues to be developed.
The upzoning to R-40 should be accompanied by the adoption of a capital
improvement strategy (CIS) with a short-term deadline with sufficient funds to
execute that strategy.
®
SITUATED AT
· CU~CHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-96-01-12
SCALE 1
OCTOBER 27, 2000
AREA = 29°825.57 sq. fl.
0.685 ac.
TEST HOLE DAT~
LASER FICHE FORM
SUBDIVISIONS
Proiect Type: Minor
Status: Incomplete
SCTM #: 1000 - 96.-1-11.1
Proje,ct Name: 640 Church Street, LLC
Location: CR 48, Cutcho.que
Hamlet: Cutchofl[le
Applicant Name: An.qelo Stepnoski
Owner Name: 640 Church Street, LLC
Zone 1:
Approval Date:
PLAT Si.ned Date: /~/~"
OPTIONAL ADDITIONAL INFORMATION
A date indicates that ~e have received the related information
Zone 2:
C and R'S:
Homeowners Association:
R and MA,qreement:
Address:
County Filin.q Date:
Zone 3:
SCAN Date:
,Joseph A. Ingegno
Land Surveyor
PHON£ (651)727-2090
Fax [631)727-1727
SURVEY OF PROPERTY
SITUA TED A T
CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
$.C. TAX No. 1000-96-01-11.1
· ' SCALE 1"=20'
NOVEMBER 17, 1998
FEBRUARY 20, 2001 ADDED ~AMUELS p~RCEL
MAY 301 2002 ADDED OWNERS ADJOINING R,O,W.
AREA = 27,74B.41 sq. ft.
0.657 Dc.
JUL 2
Suuthold Town