HomeMy WebLinkAboutCutchogue Landfill Area Land Use Study ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 526 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 13, 2002:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute au agreement with Nelson, Pope, & Voohris for
their professional services to conduct a laud use study of the area surrounding the
Cutchogue Landfill from County Road 48 to Oregon Road and Cox Lane to Depot Lane,
Cutchogue, New York, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
Josh Horton, Supervisor
Town of South_old .
Town Hall,
Southold, New York
August 12, 20{~2
Re:
Evergreen Avenue and Proximity
Land Use Stud~t
Proposal for Services
Dear Josh:
As p~r your request, this letter provides you with a proposal for services in connection with the above
referenced project. The study is intend~ to review the existing zoning of the residential use area ne~
southwest comer of tl~ Southold Landfill, immediately north of Route 48; Cutchogue, New York. The
purpose of thc study is to understand the zoning history, ohengas in conditions, and updated land use,
zoning and environmental information,, for the purpose of providing recorranendations concerning future
land use and zoning in this area. The following services.are proposed:
Background and History
1.. Establish a study area which includes the existing residential blocks near the southwest comer of
the Town property and a 200 foot radius of adjacent land.
2. Provide discussion concerning thc 0bjectives.of the study.
· 3. Review land use and environmental histOrY of subject site and surrounding area.
4. Review updated inform{rich concerning water supply availability, the Water Supply Management
& Watershed Protectio~ S~rategy, activities at the Southold Landfill and adjacent parcels, the
Route 48 Study and rezoning initiatives, and Ih. nd use, zoning, and environmental planning
infotwiation.
Inventory
5. Provide mapping and brief supporting text of laud use, zoning, tax parcels, groundwater
elevation, groundwater management zones, topography, and natural vegetation.
6. Consider land use legislation which determines land use based on existing zomng and SCDHS
density limitations under Article 6 of the Sanitary'Code. '
7. Conduct · review of the study area to establish character of use.
8. COnduct a review of the a~ljacent lands.to establish character of use.
Analysis
9. Conduct a detailed study ofcxisting land'use in the context of environmental planning factors.
.10. Consider Iransportation systems, surrounding land use, existing use and potential future use
within the study area.
11. Determine nature of proposed applieatiens within the study area since the area. was rezoned as
industrial land
12. Deternfine number of owners, parcels, and tax lots, and potential for further subdivision of'lend.
13. Consider influences adjacent to the site to determine slresses on existing residences.
Recomn-~n_ dadons'
14. Provide recommendations for potential mzoning within the study area for the Town's
consideration.
15. Provide recommendations concerning access and circulati°n tO and within *.he study area.
i6. Provide recommendations for development parameters within :he study area.
17. Provide recommendations for adjacent land use buffering and mitigation measures where possible
to minimize conflicts bct?cen adjacent uses.
The fee for the services outlined above will bc $4,000.00. The study can be complctcd within
approximately two (2) weeks in draft form for the Board's consideration. Additional services which may
involve review of the implementation of any zone ~hange or land use legislation changes that the Board
may rn~ke shall bc subject to further environmental review and a separate proposal based upon thc
decision of the Board as to how to proceed. Such additional work may include the following services for
a 'typical zone change initiative.
EAF Parts 1, 2~d ~, l_,e. ad A£encv C0ordin~on and Env/ronmcntal Review
1. Preparation of FUll Environmental Assessment Forrn (Part 1 ).
2. Preparation of Part .2'to determine significance, and preparation of Part 3 to determine magnitude
of impects; use Planning Study as informati°n.tool and as a basis for analysis.
3. Preparation o f coordioation letters to h~ve the Tourn Board assume lead agency status,
De~ .ermioation of Simaificance
4. Prepare SEQR Determination of Significance with supporting documentation from Planning
Study and Part 3.
$. Meet with'Lead agency to discuss Declaration and gain input.
5. Finalize Negative Declaration for adoption by the Lead agency.
7. Prepare resolution for assumption of lead agency, classification of action, and adoption of
Determination of Significance.
II is aasumcd that th~ Er, ad Agency wilt ¢omple~,c.gl circulation md mailing in compliance with notice and filing
require-avers or SEQR.A. NP&V will assist upon
The fee for the SE.i~Rcompliance services outlined'above would bc $1,500.00, assuming a typical change
of zone initiative' and ability to use. information p,~_ared for thc plat*ming study in. structurint the
determination of signific~ic~, This. study can be .coh:~pleted within approximately two (2) weed's'of
authorization to precor.' i '; ."'
I hope this proposal provide~ you with the reformation you need to discuss this mat~er with the. Board. If
you wish us to proceed with this project, please provide the appropriate authorization, or feel free to call
should you have. any questions.
Sincerely,
--Charles $.CVoorhis
TDTAL P.O~
DRAFT
CUTCHOGUE INDUSTRIAL AREA PLANNING STUDY
Cutehogue, Town of Southold, New York
Prepared for:
Prepared by:
Town Board of the Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, New York 11747
Contact: Charles J. Voorhis, CEP, AICP
Date: August 26, 2002
1.0 BACKGROUND ANDHISTORY
1.1 Study Area
The overall subject of this planning study is the industrial zoned land north of Middle Road, also
known as County Route (CR) 48, east of Depot Lane, west of Cox Lane, and south of Oregon
Road. This land is located in and around the Southold Landfill property in the hamlet of
Cutchogue, Town of Southold, New York.
A core area of the planning study is defined to include the residential uses centered around
Tuthill Lane, north of Middle Road. This area will be included as a focus area due to the non-
conforming residential uses which exist in this industrial zoned area, and the land use challenge
that this area provides. Included within this core area is the First Baptist Church of Cutchogue,
located at the eastern most border of the residential use core area. The total study area includes
37 tax parcels, with a total area of 252 acres. The core area comprises approximately 5.74 acres
of the overall 252 acres of the study area. Approximately 77.9 acres of land is owned by the
Town of Southold, and is devoted to solid waste management activities.
The Town of Southold lands are comprised of two major municipal properties located within the
study area. The Town of Southold's former landfill is located on a 60.9 acre parcel that wraps
around the northern and eastern boundary of the residential core of the study area. The recently
purchased 17 acre McBride property, to be used as a site to relocate the Town's yard waste and
composting operations, lies to the west of the Tuthill Lane residential core area.
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Route 48, Cutchogue
NP&V No. 0~36
1.2 Objectives of Study
The objectives of this study are to first examine the existing land use conflicts associated with
the residential area in the Tuthill Lane core area, relative to the surrounding industrial areas.
Further, the study will offer recommendations in consideration of land use, zoning and
environmental conditions in order to alleviate any related conflicts. Ultimately, the study
recommendations will provide a guideline to promote a land use development pattem that is
environmentally sound, and economically viable.
1.3 History of Subject Site and Surrounding Area
The study area under consideration was the subject of a major revision to the Town of Southold
Zoning Code in 1989. Prior to 1989, the properties in the core area were zoned for residential
purposes under the prior "A" (Residential Agricultural) zoning district. Other zoning within the
study area prior to 1989 included the prior "C-I" (General Industrial) district in the southwest
and northeast quadrants of the study area, with "A" (Residential Agricultural) zoning in the
northwest quadrant, and a concentration of "C" (Light Industrial) zoning in the southeast area
fronting CR 48.
As a result of the Town's desire to expand its inventory of industrial properties, and strengthen
the economic base of the community, the subject core area, along with the outlying areas were
rezoned for all industrial use. The western third of the study area became zoned LIO (Light
Industrial ParkfPlauned Office Park), and the eastern two-thirds, including the Town landfill site,
was rezoned to LI (Light Industrial) district. This removed large areas of residential zoning from
within the study area, and created an industrial nucleus on the north side of CR 48 in Cutchogue.
The rezoning created a land use issue for the Tuthill Lane residential core area. The area already
had a significant number of non-industrial uses, including nine (9) residential homes and the
First Baptist Church of Cutchogue. It was anticipated at the time of the comprehensive zone
changes, that ultimately, these uses would be phased out and converted to industrial uses.
However, this has not been the case, and now approximately fourteen (14) years later the non-
industrial uses remain.
1.4 Local and Regional Planning Studies
1985 Town of Southold Master Plan
This document provided the foundation for the 1989 rezonings that created the industrial district
in the areas bounded by Oregon Road to the north, Middle Road (CR 48) to the south, Depot
Lane to the west, and Cox Lane to the east. Although the focus of the subject master plan was to
preserve and protect agricultural lands and the rural character of the community, it also
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recogn/zed the need for industrial developmant. Based on the existing locat/on of the landfi//,
and the l~'ansportation access associated W/th CR 48, the plan designated this particular area for
industrial zoning. After the rezoning which became effective in 1989, the area was not
recommended for changes in a subsequent Town Comprehensive Plan Update.
The study focused on land use policy as it relates to the future growth activities along County
Route 48 through the Town of Southold. The study focused on four basic themes:
· The preservation of farmland and agriculture,
· The preservation of open and recreation space,
· The preservation of the rural, cultural,
surrounding areas, and cOmmercial and historical Character of the hamlets and
· The preservation of the natural environment.
Although the Corridor study does not make any specific recommendations about the area that is
the subject of this Cutchogue Industrial Area Planning Study, it does offer a nUmber of
applicable goals:
· Provide for a var/ety of housing opPortunities for citizens of different inCOmes and age levels,
· Re-zone parcels to more appropr/ate Uses,
· Require greater setbacks from the
* roadway for larger agricultural and cOmmercial buildings.
The following sections of this report include an inventory of existing land use and zoning,
Suffolk County density limitations, enviromnental conditions and water availahility in the study
area. The inventory is followed by an analysis of the land use and zoning factors which are
evident based on the inventory. The final section
Town consideration, to address of this report includes recommendations for
development within land use conflicts and ensure appropriate zoning and
the Town.
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Route 48, Cutchogue
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2.0 INVENTORY
2.1 Existing Zoning
As noted in Background and History, the entire study area contained within Oregon Road to the
north, Middle Road (CR 48) to the south, Depot Lane to the west, and Cox Lane to the east is
zoned for two types of light industrial use. The western portion extending fi:om Depot Lane
approximately 1,100 feet eastward is zoned Light Industrial Park/Planned Office Park (LIO), the
remaining areas, including the core residential neighborhood and municipal landfill are zoned
Light Industrial (LI). Attachment A; Figure 1 includes a zoning map of the study area.
Generally, the LIO classification encourages the development planned industrial and office park
uses, relative to the general industrial development promoted within the LI designation. The
major difference between the two industrial classifications is the m'mimum lot requirement for
each district. The LI has a minimum lot size requirement of 40,000 square feet, as compared
with the LIO district, which requires a 120,000 square foot minimum lot size. In addition, the
LIO has a more restrictive lot coverage requirement relative to the LI zone; wherein the LIO
district allows twenty (20) percent coverage and the LI district allows a greater coverage of thirty
(30) percent.
2,2 Existing Land Use
The Tuthill Lane core area is comprised of non-industrial uses, which include nine (9) single
family residences and the First Baptist Church of Cutchogue. The residential homes are on
relatively small lots, ranging from approximately 10,000 to 22,000 square feet. There are also a
number of small vacant parcels dispersed within the core area that are generally under one-half
acre in size. There are a total of twelve (12) separate tax parcels within the core area, as well as
two Town-owned transportation related right-of-ways. In addition to Tnthill Lane, there are a
number of semi-improved driveways that provide access into the residential core.
The land use activity outside of the core area contains a mix of commercial, industrial and
municipal uses. To the east of the residential core and entrance to the municipal landfill site,
there are several commercial uses fronting on Middle Road (CR 48). With one exception, these
small businesses are operating out of buildings that formerly were residential homes. At the
intersection of Middle Road and Cox Lane lies a multi-tenant industrial facility occupied by a
broad range of commercial and industrial uses. Extending northward along Cox's Lane, the land
use pattern is comprised of various commercial and industrial activities. Included in the land use
inventory along Cox Lane are an asphalt plant, a gravel and mixing operation, marine services, a
sanitation and transfer station and auto related businesses. Essentially, the entire frontage along
Cox's Lane is occupied by the existing inventory of businesses. Attachment A; Figure 2
provides an aerial photograph of the general land use pattern in the area, with tax map parcels
superimposed to demonstrate the ownership pattern in the study area.
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With the exception of a junkyard located to the west of the intersection of Oregon Road and
Cox's Lane, the remaining perimeter of the study area is dominated by farm use and related
buildings. This perimeter includes the remaining properties along Oregon Road and D~ot Lane.
Essentially, the farm uses extend from the perimeter roads to the former Southold landfill,
situated in the center of the study area. It is important to note that, there is a proposed industrial
subdivision totaling approximately 28 acres located on the farm property located at the
intersection of Depot Lane and Middle Road. This land has an approved industrial subdivision,
but at present is unable to be developed due to the inability to provide suitable water supply to
the future industrial buildings. At present, public water is not available for new uses in this area,
and agricultural chemicals are present in the groundwater thereby eliminating potential for on-
site water supply systems. Environmental and water supply issues are discussed in more detail in
Section 2.4.
Agricultural lands are the predominate use surrounding the study area. The Town of Southold,
through its land use planning and zoning control, has attempted to preserve the agricultural use,
rural character and views from County Road 48 associated with these areas.
2.3 Suffolk County Sanitary Code - Article 6 Density Limitations
In addition to zoning requirements, land use densities are limited by Article 6 of the Suffolk
County Sanitary Code (SCSC). Article 6 was adopted for the purpose of implementing parts of
the Areawide Waste Treatment Management (208 Study) by establishing geographic boundaries
for groundwater management. The Article established density limitations in unsewered areas to
control nitrogen load from sewage disposal and the impact on ground and surface water
resources.
This area of the Town of Southold is designated as Groundwater Management Zone VI. Under
this designation, Article 6 requires that lot sizes in areas with no public water be a minimum of
40,000 square feet in size. In areas with public water, lot sizes may be reduced to 20,000 square
feet. For design flow purposes, Suffolk County Department of Health Services equates three-
hundred (300) gallons per day per residential unit. Therefore, Article 6 limits density to one (1)
dwelling unit per acre in areas without public water, and two (2) units per acm in areas with
public water. Design flow factors can be applied to industrial and office uses based on a gallon
per square foot per day factor, to determine design flow for various uses.
2.4 Environmental Conditions and Water Availability
Groundwater contamination has had a negative impact on the ability of residences and
businesses to access potable water in the general environs of the study area. Historically,
agricultural uses have involved application of pesticides, herbicides, fungicides and fertilizers to
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Cutchogue Industrial Area Planning Study
~ ~ Route 48, Cutchogue
control pest activity and enhance crop growth. This practice has resulted in trace concentrations
of agricultural chemicals in excess of ch-inking water standards throughout areas of the Town
historically devoted to agricultural use. Recent advances in pest management, chemical
breakdown, and controlled application have improved farm practice such that minimal impact
occurs on modem-day farms. However, the slow rate of groundwater movement ( V2 to 1 ½ feet
per day), the conservative nature of certain chemicals in groundwater, and extended time periods
for chemical breakdown, has resulted in residual contaminant levels in the aquifer.
The north fork is a shallow groundwater system with generally less than 100 feet of maximum
vertical depth of freshwater reserves, atop saline waters, thus limiting the groundwater reserve.
For certain areas downgradient (north) of the Town owned land, historical use at the landfill has
resulted in elevated contaminant levels in parts of the study area.
in response to this situation, the Southold Town Board in cooperation with the Suffolk County
Water Authority (SCWA), the local water purveyor, adopted a public water supply plan and map
in July of 2000. The plan established certain locations within the Town where the Suffolk
County Water Authority may install water mains and provide public water service to existing
uses. The subject plan included areas designated by the Suffolk County Department of Health
Services (SCDHS) and SCWA as priorities for public water supply due to known groundwater
contamination.
It should be noted that, according to the SCWA Chief Executive Officer, Stephen M. Jones, the
water authority does not have the capacity to meet the current demand for public water supply
for all the SCDHS priority areas in the Town of Southold. Further, it is the policy of the SCWA
to consider only those locations designated on the July 2000 plan for public water supply. In
order for the SCWA to consider sites for public water supply that are not so designated in the
July 2000 plan, the Town of Southold must amend the subject plan (Attachment B).
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3.0 ANALYSIS
3.1 Land Use and Environmental Planning Factors
The variables that impact long term planning policy within the core residential area vary
significantly from those in the greater subject study area. The potential for properties in the
study area to achieve the industrial purposes envisioned in the 1989 re-zonings is far less in the
core residential area, as compared with the larger tracts of industrial land with no established
residential uses present in the balance of the study area. This determination is based both on
economic and land use conditions associated with properties within the core area, and is
evidenced by the lack of such uses to date.
Since 1989, there has not been any assemblage of properties within the residential core to allow
for the development of an industrial facility. The only proposed non-residential use is the current
proposal for a 5,000 square foot pool supply warehouse on a vacant, substandard half-acre
parcel. The reason for this is based on the current land use pattern within the core and the
economics that guide land development. Simply put, the ability for an industrial developer to
assemble a site for industrial use is severely limited due to the availability and size of vacant
parcels, and the cost of purchasing improved residential properties. Due to the residential lot
sizes within the core, an industrial user would be required to assemble at least two (2) or three
(3) improved residential properties to achieve enough land to have a site suitable for industrial
use. Even though the improved value of the subject residential properties are somewhat modest
relative to home values in the surrounding areas, the costs would be prohibitive. In order to
achieve a one (1) acre industrial site, the assemblage costs to an industrial user would most likely
exceed two-hundred thousand dollars ($200,000). This cost exceeds the cost of comparable
industrial land in the vicinity of the study area. As a result, future potential uses would be
expected to seek variances to construct buildings and uses on lots smaller in size than intended
by zoning. This results in less attractive, piecemeal industrial development, with inadequate
buffers, potentially inadequate parking, and access constraints.
In summary, industrial use within the residential core may prove difficult for several reasons,
noted as follows:
· Parcel sizes range from 10,000-22,000 square feet and therefore do not individually meet the
minimum lot size required by zoning.
· Consolidation of properties is costly and potentially difficult due to the remaining residential
USES.
· Industrial development (subject to variances) on smaller lots could result in numerous small uses,
with inadequate parking and buffering.
· Access for industrial use will require numerous driveways which logistically may prove difficult
for small to medium size trucks and the frequency of truck and vehicle traffic onto CR 48.
· There is an immediate land use conflict with remaining residential uses within the core area.
· Some but not all industrial use has the potential to use a greater amount of water, where
residential use is more predictable.
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Similar to water use, industrial use generates a greater number of vehicle trips during peak hours,
and therefore increases conflicts resulting fi.om access over existing Town right-of-ways and/or
additional industrial road openings on CR 48.
The situation is quite different in the outlying areas of the study area. The properties are far
more suited to industrial growth based on both land use and zoning considerations. Generally,
the vacant properties may be subdivided into industrial sites that have sufficient area to provide
attractive developments that meet the demands of modem industry. Larger land areas can be
subdivided to provide suitable road access and drainage, as well as lot sizes conforming to either
LI or LIO zoning requirements. On individual industrial sites, there is ample room for facility
construction, required parking and landscape amenities. Further, the sites have easy access to
appropriate transportation corridors. This observation is supported by the current request to
create a new industrial subdivision at the intersection of Depot Lane and Middle Road that is
awaiting water supply availability.
The potential for land use conflicts between the residential core and the outlying industrial areas
is a major planning issue that needs to be reviewed. The furore expansion of industrial
development throughout the study area may have a negative impact on the residential use of
property within the core. Noise, traffic, and other factors associated with industrial activities
may undermine the residential values of the subject properties and limit the improvement of the
area. However, it should be noted that, the residential core has remained viable for many years
as a neighbor to the Town's landfill.
With regard to municipal land, the landfill use has ceased, and t~ansfer and compost activities
have replaced the more intense industrial activities associated with the former landfill. Future
plans to re-use the landfill site for a less intense industrial use more conducive to residential
housing may prove to benefit the residential core. In addition, since municipal property buffers
the residential core to the north, east, and west, the opportunity to provide an appropriate
transition buffer is apparent.
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ROute 48, CutCho~ue
~?i / - Cutchogue lndu~tn~u ~ .....
.-' ?z ~ ~ ~v ~o. ~6
4.0 RECOMM~ENDATIONS
· Re-Zone of Residential Core to Residential K-40 be taken to remedy a
4.1 Consider · - - '~-at some action must areawhile alanduse
To allow spot industrial use within a residential
From the outset of this.discussi°n' it is concmaea L~ undetermined amount of time. An
potential land use confl~Ctimpact existing residences for an discussed in Section 4.2;
transition occurs, would that a residential rezoning solution
relocation of residential occupants is
alternative of purchase and is a very cost-effective remedy.
however, it is recognized that that are discussed below.
This is particularly true when considering land use factors area back to a
residential zoning classification. TheoreticallyY the rezoning efforts in 1989 to merge this
There are a number of factors that support the r -zoning of the core residential
residential area into the greater industrial district north of Middle Road were based on sound
planning principles. However, in practice, economic trends may not allow these
appropriate planning strategY may be
geographic industrial sites· The most reduce conflicts with
properties to be transformed into the residential core, and
to establish planning mechanisms to strengthen
potential industrial development in the outlying study areas.
continues to increase, housing options .for
· 'n-l" scarce, thereuy ,,v · -' 1 to assemble ex,sung
As the cost housing in the Town of Southold . ~-.. ;,,oreasing the value of the sub!.ect
core win become mcreas . · orenna
residents of ,- as discussed m the prior sectxon, the P
housing to the occupant~. · ' vacant sites, to create suitable industrial
n ssible industna . .. ~_..o/~,,,ments along the
residences in the core, with the limited supply of ' 1 development within the core
properties is severely limited. As a result, any ~o ....... i~htt¥ a~,--"r ,
substandard lots, creating ~,,,o.~- , the Town s stated
area that may occur would be on .
County Road 48 corridor. The visual effect would not be in conformance to
1 of preserving the visual amemtles along th)s comdor Further, tt would almost be
goa ..... achieve a well designed plan to provide road access to individual s~tes developed
imposs~te to ' '
in such a haphazard, and uncoordinated manner. . . sification is strengthened by the
· -~sidentml zomng clas --~*ion to the subject area,
ent to re zone the ~co..re a.rea, }o..~a~,,~ no" to provide pro~,, all of the
The argum . ~ - ~- ..... et boutl~O As indicated earlier, the Town of Southold owns
observation ma~ the tu~,, conflicts.
urrounding the residenUal core of the·study ar. ea. W~th hmited costs, the Town could
limit potential land use
and acility calls for perimeter buffers
It should be noted that the plar~ for the new Town yard w ste ~f the landfill to a more desirable,
Pc;°ePa~:lYj~scaped buffers between the surrounding mumm?l properties and the res~dentml core.
of a least fifty (50) feet on all s~des. Further, the future re use
less intense use (than prior landfilling activities which have existed for over 60 years while
residential uses have been present), would contribute to the residential quality of the core area.
There are additional actions the Town of Southold could pursue in order to strengthen the
residential viability of the core area. potentially, the Town could partner with a non-profit
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Cutchogue Industrial Area Planning Study
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housing group to construct some affordable housing units on the remaining vacant parcels. This
would strengthen the area by adding newly built units into the housing mix. Community
Development funds or low-interest loans could be made available to provide incentives to
improve existing residential homes, or street improvements. In addition, the SCWA may be
inclined to provide public water to new residential uses in this area if the Town chooses a
strategy to strengthen its residential character and provide needed housing options. The Town
could pursue this through an amendment to its public water supply plan and map.
The costs to the municipality under the residential zoning recommendation represent the least
costly alternative to achieving a sound, economically viable land use plan for the area. The
outlying areas included in the study will provide ample land for future industrial development in
the Town of Southold. The core area represents only about 2.3 percent of the total industrial
acreage within the industrial district north of Middle Road. Remaining acreage has the potential
to be developed in a more orderly, environmentally and aesthetically compatible manner.
The vision offered in the 1989 rezonings to create an industrial center within the Town to support
its economic health will not be negatively impacted by the redesignation of the core area as a
residential zone. In fact, the vision of providing high quality industrial growth potential on
40,000 square foot or larger industrial lots, with properly planned access and buffering, will be
advanced as a result of rezoning of the core area for continued residential use. Finally, such a
rezoning may result in less water use and greater vehicle trips and road openings on to CR 48.
4.2 Alternative - Maintain Industrial Zoning with Purchase of Residential Properties
As an alternative to rezoning the residential core, the Town could consider purchasing all
residential homes within the subject area, and providing relocation services to impacted
residences. It must be noted that ultimately, this alternative may prove extremely costly to the
Town. As indicated earlier in the report, the economic utility for industrial development of the
core area is limited. The existing land use pattern, lot sizes and access constraints, limit the
potential for high quality industrial sites. Therefore, the ability of the Town to market the area to
potential industrial users, and recoup its acquisition and relocation costs may also be limited.
Added to this, the cost of providing alternative housing within the Town for the dislodged
residents, and providing relocation services may be prohibitive.
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CONCLUSION
In conclusion, the rezoning of core area to R-40 residential provides a solution to a known land
use conflict. The solution is the lowest cost option for the Town, in view of the expected need to
provide assistance to relocate existing residents.
This study has noted that Town-owned land entirely surrounds this residential area, and
therefore, the Town has full control over buffering and land use controls to maintain the
residential area that for over 60 years contended with prior land fill activities. The residential
area has not transitioned to industrial use as may have been envisioned by the prior rezoning of
this area to industrial districts approximately fourteen (14) years ago.
The Town could consider programs to further strengthen this residential area by providing
assistance for improvements to existing residents through Community Development funds or low
interest loans. An additional option exists to increase needed affordable housing stock in this
area through partnering with non-profit organizations.
The rezoning would eliminate a number of industrial uses within the 5.74 acre area. This action
could reduce the potential demand for water supply, and also reducing the number of vehicle
trips and possible road openings that would be necessary to allow access to numerous industrial
use sites.
This option also has the benefit of eliminating the potential for less desirable industrial growth
on substandard lots that could compromise the aesthetic and transportation related aspects of the
larger industrial zoned area. As a result, the remaining industrial area would be strengthened and
since the core area represents only 2.3 percent of the overall industrial study area, no impact is
expected due to loss of industrial zoned land.
Finally, the goals of the Town Comprehensive Plan to maintain the aesthetic quality of the CR
48 corridor, and promote appropriate industrial use on lots designed to accommodate such use
would be advanced.
Nelson, Pope & Voorhis, LLC
Environmental and Planning Consultants
Pagell
DRAFT
Cutchogue Industrial Area Planning Study
Route 48, Cutchogue
ATTACHMENTS
Nel$Onr Pope & Voorhis, LLC
Environmental and Pqannfng Consultants
Pagel2
ATTACHMENT A
FIGURES
DRAFT
Cul)ogue Industrial Area Planning Study'
Route 48, Cutchogue
NP&V Nb 0~236
ATTACHMENT B
SCWA LETTER
Nelson, Pope & Voorhis, LLC
Page 14
VALERIE SCOPAZ, AICP
TOWN PLANNER
P,O. Box 1179
Town Hall, 53095 Main Road
$outhold, New York 11971-0959
Telephone (631) 765 - 1938
Fax (631) 765-3136
Valerie.ScopazCS~town.southold.ny.m
OFFICE OF THE TOWN PLA2NNER
TOWN OF SOUTHOLD
Interoffice Confidential Memorandum
To:
From:
Re:
Date:
Joshua Y. Horton, Supervisor
Members of the Town Board
Bennett Orlowski, Jr., Chairman
Members of the Planning Board
Valerie Scopaz, AICP, Town Planner
Zoning of Properties south of the Municipal solid waste disposal facility, north of
County Route 48, Cutchogue, NY
July 26, 2002
At the request of the Town Board to provide some insight into the existing zoning of the
aforementioned properties, I attempted to search archival records.
Attached you will find two maps: one showing the existing zoning of Light Industrial, the
other showing the prior zoning (before 1989) of Agricultural Residential surrounded by
two different industrial zones. Due to time-consuming difficulties encountered while
searching for earlier records in the archives and the deadline for this memo, I was
unable to trace the history of zoning at this site between 1957 and the mid-1980s.
The Background Studies of 1983 (for the Comprehensive Plan Update) indicate that the
landfill had its beginnings during the 1930s. The landfill was closed to further dumping in
1993. Presently, the following operations exist at the site: · A closed, unlined, capped landfill.
,, A solid waste and recyclables transfer station
· A permanent household hazardous waste storage facility
· A yard waste composting operation
· A construction and demolition debris holding and transfer station
· A holding area for household appliances and tires awaiting transfer to processing
facilities outside the town.
· A reuse or swap center for free exchange of items otherwise destined for the
waste stream
(Source' Draft Local Waterfront Revitalization Program Section II C.2.(iii) Solid
waste management p 52)
The existing complex of buildings on the landfill site will continue (with some
modification) to be used as a transfer station. The composting station north of Tuthill
Road also is planned to continue operation. There also has been some discussion,
but no decisions, about relocating the Town's Scavenger Waste Treatment Plant
from Greenport Village to the landfill site. (Source: 7.25.02 telephone conversation
with James Bunchuck, Solid Waste Coordinator, Solid Waste District, Southold
Town)
The decision to change the zon,ng in 1989 to surround the landfill site with light
industrial and light industrial office uses appears to have been made on the grounds
of protecting public health safety and welfare from the potentially negative impacts of
groundwater contamination and methane at the site, not to mention the generally
unappealing aspect of landfills: papers blown offsite and odors. The effect of the
zone change has been an out migration or decline of residential land uses.
Since that time, the Suffolk County Department of Health Services determined that
the predominate flow of contaminated groundwater is in a northeast direction. A
restriction was placed on the addition of any new facilities within this area until a
community water supply was installed. (Source: Special Water Supply Restriction:
Town of Southold. Mary E. Hibberd, M.D., M.P.H., Commissioner, January28,
1997) In response, the Town and the Suffolk County Water Authority worked
together to provide water to existing homes and businesses within a larger Priority
Area, as defined by the Suffolk County Department of Health Services. Presently
capacity is only enough for existing homes and businesses within this area with
existing private wells. To date, only seven connections have been made along the
main that was laid. I don't know the location of those connections. (Source: 7.25.02
Communication with Stephen Jones, CEO, Suffolk County Water Authority.)
When financing for the extension of a water main to this area was being sought,
James McMahon attempted to obtain Community Development Block Grant funds to
offset some of the expense. At that time there were four minority families living in the
Tuthill Lane area and two immediately to the east of the landfill entrance. Attached is
a list of the property owners at that point in time. I don't know the current ownership
pattern, but that could be obtained from the Tax Assessor's Office. The latest
property transfers in this area seem to indicate that these undersized lots have value
in the real estate market for industrial uses. These are, as follows: · 2000 $21,000
· 2000 $90,000 (Lot # 12)
· 2001 $100,000 (Lot #8 with house: now the subject of a site plan application.)
(Source: 7.23.02 Communication with James McMahon, Community Development
Director, Southold).
In 1999 the Town conducted a survey of land uses within the County Route 48
corridor. This review of business and industrial zones led to a series of
recommendations to upzone various business and industrial properties. The subject
properties were not recommended to be upzoned because the existing zoning was
felt to be in keeping with the Town's goals, as set forth in that study. The County
Route 48 Study has been incorporated into the town's comprehensive plan under the
auspices of the LWRP document.
Since 1989, several zone-appropriate industrial uses have moved into the area,
including a cell tower. All of this activity has taken place to the east of the solid
waste facility's current entrance, just east of two existing residences fronting on CR
48. The site plan that is the subject of community controversy is the first site plan
application to have been made to the west of the entrance.
The current zoning is au appropriate zone given the Town's goals of protecting public
health, safety and welfare, of consolidating industrial uses around the municipal solid
waste facility and maintaining the CR 48 corridor as a bypass. The amount of
industrial development that has taken place in the area since 1989 seems to affirm
this. In addition, County Route 48 will continue to carry increasing volumes of traffic
moving at high speeds, and the existing entrance to the solid waste facility is the site
of many accidents.
If the Town Board decides it wishes to rezone some of these properties back to a
Residential zone, it would have to undertake the following actions:
· determine what type of residential zone it wished to create here,
· provide justification that this type of change would be in conformance with the
goals of the town's comprehensive plans,
· establish a clear rationale for the rezoning of selected properties in order to
avoid the legal charge of spot zoning as well as to surmount any legal
challenges by property owners who bought land for industrial purposes in
accordance with the zoning map,
· conduct an environmental study to establish that rezoning the properties to a
residential zone (as the highest and best use) would not expose future
residents to harm from past and existing land uses within the area to the
north and east (such review to include, but not be limited to: groundwater
contamination, the availablity of public water to supply futu?e need, methane
venting, proximity to industrial land uses, etc.),
· design mitigation measures such as the construction of earthen berms to
protect future residents from ongoing activities that will take place at the
municipal solid waste facility.
I hope this information is useful to your deliberations. I regret that due to time
limitations imposed by the LWRP deadline, I am unable to offer a more detailed
analysis.
LINE
LINE
/~7~
's~E~ wi-nm SUe~'L¥ ~ST~.CTION
~TO~ OF SOUTEOm
A r-.coast review of gramtdw=ter a~d private web w'~,~ qnality 8m-u fram.an are~ in
weits imve ~=eded ~ ~-~~ ~
con~. Sev~
orgaNo, ~d ~ ~e~m~ of o~ ~N below ~=~
mo~tofing d~ ~~d s~ r~m. Cou~~
cNoride, ~eon, di~oroprop~e, ~ombe~en~ d c~l~-~e ~n=~e, ~E. /
So~c~ of ~e ~i~ls Ndude f~g, ~el, ~o~, ~d ~dfilt l~rhur~. ~ addition,
~a~emc lea~e p~m~ers-have b~en iden~ed outdo
HT&ogeolo~ ~ N~te a ~hwater le~ (~out 70-80 ~ ~) ~m before
a~y. Nyer m ~o~& So~ ~=hwarer my be bMow ~e day, but ~e ~o~t md e~ent
~g ~g wa~ ~om ~e aea shown on ~e ~m~ed ~p ~ a'~mm~ water
M~ ~ibber~ ~D:, ~P.H.
Comml-qsion~ "'
5~o~ Co.ri Dep~r oi H~ Sc~ic~
At-~adumea~
1/28/97
SUFFOLK COUNTY WATER AUTHORITY
4060 Sunrise Highway, Oakdale, New York 11769
OFFICE OF THE CHIEF EXECUTIVE OFFICER
(631) 563~0219
TO: Valerie Scopaz
No, of Pages (Including Cover Sheet): 3
FAX NUMBER: 765-3i36
As per my e-mail to you dated ~26102.
Date; ?/26/02
From: Stephen Joi~es
Time: 9:03 AM
FAX Number: (631) 563-0370
[:-26-2~J02 FR.'/ 09,14
Land Fill Water as of Jely 2S, 2002
Dignan's Road-
Oregon Ro~t-
Existing Homes
Pmp~m¢$ wtth ex:st ng b'~a'm
Commemial Buildings
~ Homes
Club
Cox La.ne-
3 Commercial B~fildings
Madlews L~a¢. 10 E×i~ng Homes
Middle Road (CR 48)~1 Shopping Center
2 Co,.,~'rcial Buildings. Precision Auto ,g' Landfill Office
4 Existiz~g Homes-3
I on south side no #
.1 Existing
Private Ro~t-
2 Abandoned Houses
3 Existing Hot.es
I Trailer
Tuthill Road-
4 ~;isling Homes
,1 Trailer
Depo't Laa¢-
10 Existing Houses
1 Existing P~staurant- wild Goose
2 Commercial Properties- Jm-,.¢ ghulmana Produce-3 Barns
Buooaneer B~ok~
Evergx~m Drive- 12 Existing Ho~¢s
,_." JUL'-26-2O02FR~ 0@', ~.4 %SOWP,
NO, 6315630370
P, .OS
Priod9 Area for Public
Recommended Due tO
(8CDH$)
96-[-3
96-1-4.1
96-1-6
96-1-7
96-l-8
96-1. 9
96-1-1] .l
96-1-12
96-1-13.1
96-1-14
96-1-15
96-1-16
96-1-18.2
96-1-18.3
*Eugene & Alphenic M:~tlSn
*James & Linda Wolbel~
Sue Mason - Vacanl
Chris & Di~e ~nmsh
Jme~ & Ida Mason (~dop)
Sue Mason* (Kmdop) - Vac~t
McCOy MGT
~gelo Stepnoski
Fkst Bapfi~ Cbc=ch
*Viola Cross
*Helen Brom~
*Fr~ Lybe~
*Robg~ Taylor
*L~ Taylor
I have put mi asterisk next to the £amilies that may be eligible for honsing rehabilitation