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HomeMy WebLinkAbout01/29/1986 JLIDITI! T TERRY TO'4~ ('1 IRK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 ORIENT HAMLET MEETING Proposed Updated Master Plan and Zoning Code Revisions Oysterponds School 7:30 P.M., Wednesday, January 29, 1986 Present: Also Present: Supervisor Francis J. Murphy Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George I_. Penny IV Town Clerk Judith T. Terry Town Planning Consultant David Emilita Planning Board Chairman Bennett Orlowski, Jr. Planning Board Member G. Ritchie Latham Town Attorney Robert W. Tasker Supervisor Murphy introduced the Town Board members, Planning Consultant and the Town Clerk. He then explained the history of the current proposed updated master plan and zoning code revisions and the purpose of the hamlet meeting, which is to receive public comment and suggestions to avoid any grave mistakes should the present proposal be submitted to a public hearing for adoption. Approximately 50 individuals attended this meeting, and the following comments and objections were received: JOHN B. TUTHILL: One of the things the Master Plan is designed for is to protect our water supply and also to protect the creeks and inland waterways, protect the clams and so forth in there. One way to do that is to limit building on Iow lands and lands which have water which is either inadequate or polluted. One way to control building is to have zoning. A few years ago the Town rezoned to two acres. In the proposed new updated zoning the projection is to zone Orient, from Tabor Road east, below the Main Road, as five acres. He cited a piece of land that starts at Tabor Road and runs a little longer than a mile to the east and is between one half mile and a quarter of a mile wide, comprising about 300 acres--this land is high land on the government map--about 20 feet above sea level. It has plenty of water ~. Pa~g~ 2 - Orient Hamt Meeting 1/29/86 and houses all along the south side of the road, and recently two or three houses have been built and while the Master Plan was in the process the Town approved a m~nor subdivision in that area. The map on the wall in the Town Hall indicates the water domes for Southold Town and the water dome for Orient--the major one--is right under the 300 acre plot he referred to. The one on the map shows this to be 4 feet above sea level. There is another map in the Planning Board office that shows this same water dome at 3 feet. At 2 feet this water dome is equal to 80 feet of water. With a water dome of this depth Mr. Tuthill cannot see how this high land can be zoned five acres and appears to be a mistake. Mr. Tuthill then referred to the proposed development at Orient Point of 20 lots on 40 acres, where there isn't any water, and the area is two acre zoning, and this could be a possible mistake. Mr. Tuthill asked the Town Board to look at the land in Southold Town with regard to the water domes, so that all property is treated equally, and zone Orient the same as the remainder of the Town. LLOYD TERRY: Orient has been a farming and fishing community for some 300 years and changes have taken place, however, he knows from experience and seeing the experience of his neighbors that when there is talk about the shortage of water in Orient, particularly on the south side of the road, they're talking through their hat. Most of the irrigation wells, ponds, etc. will supply almost enough water for all of orient. He cited experiences with irrigation ponds. Mr. Terry also cited the five acre zoning in Orient as unfair and discriminatory. He said that this type of zoning will remove all but the affluent couples from the market place. Some of the people that have projected the five acre idea have a quarter or an acre of their 'own. He doesn't see anything reasonable about and thinks it's most unfortunate that Johnny- Come-Latelys can come into a community that's 300 years old and tell them that they've been doing everything wrong all these years. He is also offended that in any of these meetings there is not a word of commendation for the people that have kept the Orient area or the East End the way it is. There have been half acre and one acre develop ments, but now Orient must save the world with five acres. He asked for serious consideration from the Town Board. EDWARD LATHAM: He owns considerable acreage in the proposed five acre zone. He is vehemently opposed to the five acre zoning in Orient. He has sold the develop- ment rights to part of his farm. He is opposed and thinks it is discrimination against a hand full of people in Orient. Mr. Latham concurred with Mr. Tuthill and Mr. Terry. He will go as far as it takes to fight this proposal. JANET MOORE, Orient, League of Women Voters, Southold Town: They commend the Town Board and other Town Officials in updating the Master Plan and Zoning Law amendments. They recognize the measures the Town has given to measures which preserve and enhance this area's economic base and quality of life. They cited certain provisions of the proposed Zoning Code they wish adhered to: maximum protection of existing residential and historic areas; enhancement of the appearance of the Town of Southold as a whole, particularly its open and rural environment; protection of the subsurface and water supply and surface water; protection and enhancement of the coastal environment. They feel it vital to amend Section 100-11 by addition Subdivision C which ensures the public health, safety and welfare of the residents. It is paramount in resolving interpretations and/or conflicts. The most critical need ~s for swift development of Article XXII, protection of natural features of the Town. The League considers the protection of our water resources, both ground water supply and coastal waters as the most important task facing our public officials now and in the future. They do not understand why Article XXII was deleted and do not feel spot-inclusion of environmental factors in the Code is ~r~ Pa~ 3 - Orient Ham~ Meeting 1/29/86 sufficient protection. The League has supported the Suffolk County Farm Preservation Program and continue to support the Town's Development Rights Program. The League believes that preserving food supply and water supply should be the first consideration in any government land-use decision. They believe it is imperative that Town Officials schedule frequent combined meetings of all units of government. The true intent of the Master Plan and zoning changes must be recognized by all concerned. Only if all levels of government understand the purpose of the plan will the public be assured that the North Fork will not be indiscriminately carved up and destroyed. DAVID BRAWNER: He owns property within the proposed five acre zone and supports the foregoing arguments presented in opposition to it. RUTH OLIVA, North Fork Environmental Council & Member of the Southold Town Water Advisory Committee: She reiterated the problem found by the League of Women Voters: no inclusion of Article XXII, protection of natural features, and believes that should be included in the Master Plan. The NFEC and the Water Advisory Committee are proponents of the five acre zoning. They would agree with Mr. Latham that it is discriminatory and there are other areas of the Town that are equally affected by the water problem. She~ believes the five acres was decided upon because of salt water intrusion. With development pressure along Hallocks Bay and if the land is divided up into too small parcels the area is going to be over-pumped and incur salt water intrusion. This can be corrected by a very costly reverse osmosis process, and the problem of what to do with the highly saline affluent. The shellfishing in Hallocks Bay is one of the most lucrative in Southold Town and over-development of that area would cause sever loss. At the present time the NFEC favors the five acre zoning with perhaps some mitigating measures, whereas there is an area along Route 25 where there is no reason to have the five acre zoning, but it would have to be studied to determine the demarkation zone. BILL GILLOOLY: He feels the Town should include some of the farmer experts should be included in any further discussions before the five acre zoning is approved. He thinks cluster zoning should be mandated before considering standard-type subdivisions. Clusters preserve open space throughout Southold Town. This concept would avoid payment for roads, sewers and utility lines. HARRISON DEMAREST: He has lived in Orient all his life and farmed until 1980. He started using irrigation in 1949 and in their records, house to house in Orient, the amount of water is not used that is used in irrigation. They have ponds within 1000 yards from salt water. One pond that is closer than that and water tests have been taken from and it is probably some of the best water in Orient. He is totally opposed to the five acre proposal on the south side of Route 25. BARBARA WETMORE, President, Greenport-Southold Chamber of Commerce: Expressed concern for economics, how much is it going to cost to implement the new plan? More employees will be needed in Town Hall. She thinks the taxpayers deserve to know how much it is going to cost. The tax base is ~being limited rather than being broadened. Maybe an economic impact statement. DONALD TAUBE: Resident for two years and came to Orient because it has been historically a farming and fishing area and he makes his living repairing boats. He is puzzled how the zoning scheme keeps farmland going and fishing going. Agrees with the cluster concept zoning. · ~. Pa~Je 4 - Orient Ham Meeting 1/29/86 BILL BEHR, East Marion, Executive Director, Greenport-Southold Chamber of Commerce, Member Southold Town Economic Advisory Committee: He questioned the discrepancies on the map with respect to road names. Expressed the concern of the Economic Advisory Committee relative to changes that will be taking place within the Town over the next ten years, have they been serious thought about? Certain industrial zones have been changed from the 1970 map. How do we achieve a balanced economy in the Town? Taxes have doubled in the past ten years and that is part of the economic impact of rezoning. Has afforable housing been accomodated? In some of the hamlet zoning hopefully that can happen, with the help of the Housing Advisory Committee. He is disturbed to hear at this meeting that the Town has engaged professionals to look at water domes in~Orient and hear the conflicting statements by the families that have lived here and state there is plenty of water in Orient. Is the Town being discriminatory? He feels very sympathetic toward the farmers. Mr. Behr stated that the economic impact of the rezoning must be looked at very carefully. JOSEPH TOWNSEND, JR.: Explained the definition of "potable water" and his background water on the proposed Master Plan and water study. He expressed his strong support for the background work that has been done on the Master Plan. With respect to the 5 acre zoning in Orient, he suggested that perhaps that area could be redefined to an area further south because certainly the character of the area along Route 25 is not of 5 acre character. The area is higher and has a larger water dome than the property further south. He does feel that from an economic point of view there could possibly be room for zoning higher than two acres. LLOYD TERRY: He suggested the possibility of a study farm by farm in the 5 acre area and make it 5 acres only where it would be hard to get water. ORVILLE TERRY: He supports planning for the 5 acre zones. It is hard for anyone to be sure just exactly what the water situation is. It is known there are people in the village that have salt intrusion problems and such problems can occur in other places. He does not agree with the design for the Orient Point property because of the salt water intrusion problems. This whole exercise is intended to prevent situations that we've all seen in Mastic Beach with houses close together, flooded in hurricanes, no good water, no adequate sewage disposal. The Town must be prepared to say there are some limits to the amount of development that we really want in Orient. The solutions to economic problems and necessity for affordable housing always seem to be down-zoning, and that's what we're trying to prevent - too many people for the water supply, too many people for the roads and services, too many people for runoff into the bays. In order to get these advantages we have to give up some- thing and he doesn't think the price is too high. MARTIN TRENT: Voiced his support for everything Orville Terry has said, and applauded the Town Board and their planning consultant for their efforts in pushing forward with the Master Plan and stated that what the Town Board is trying to do is to limit growth in Southold Town in a sensible manner. It is impossible to stop the town's population from doubling or tripling, but can probably control it from quadrupling or going ten times the current amount of people that in Southold Town, and he feels the plan will accomplish that. Knowing a bit about water supply, according to studies that have been in Suffolk County to date, as far as the ground water supply you can use probably up to 2 acre zoning and use that argument and support it and defend it in court to control zoning--up to and including 2 acre zoning. You can't use 5 acre zoning from a drinking water supply support to use 5 acres as an argument supporting depletion of drinking water supply, but you can use 5 acre and 10 acre zoning to support as protection of surface bodies of waters, creeks, bays, marshlands. Department of Environmental Conservation does it all the time within half mile of rivers that it designates that it wants to protect. You · ' - P~ge 5 - Orient Ham Meeting 1/29/86 can also use it to support continuation of the quality of life that exists in the Town and the maintenance of an atmosphere that draws people to the Town, RUTH OLIVA: She spoke about salt water intrusion in the Narrow River Road area. In the 1960's there were five houses on her block, with one on the beach. No one was there year-around, but in the 60's with the drought, the owners of her house had trouble even with the water pressure. Today there are nine houses on that block, with four houses on the beach. All her neighbors now to the south of her are drawing salt. That's just an example of what can happen. They do not drink their water, they must go out and buy it or obtain it elsewhere. Some of the arguments are valid. Supervisor Murphy thanked everyone for coming out. All the comments will be given consideration by the Town Board. They have tried to come up with a plan that is fair for everyone in Southold Town and provides for the future growth. Meeting adjourned at 8:30 P.M. Judith T. Terry ~' Southold Town Clerk ~OHN B. TU',,-HiLL FRANCIS J. MURPHY SUPERVISOR -SOL MAIN ROAD $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1800 (516) 765-1939 SYNOPSIS OF PROPOSED ZONING ORDINANCE for HAMLET MEETINGS JANUARY & FEBRUARY, 1986 -2- List of new districts A-C - Agricultural -Conservation District (Two acre minimum) R-80 - Residential Low Density District (Two acre minimum) R-40 - Residential Low Density District (One acre minimum) R-120 - Residential Low Density District (Three acre minimum) R-200 - Residential Low Density District (Five acre minimum) Residentiali, Low Density District (Ten acre minimum) I' R-400 - HD - Hamlet Density Residential District RR - Resort Residential District RO - Residential Office District HB - Hamlet Business District LB Limited Business District B-1 General Business District M-Rec - Marine Recreation District MB - Marine Business District LIO - LI - Light Industrial Park/Office Park District Light Industrial District -3- Purpose of each District Agricultural-Conservation A-C District Low Density Residential R-80~ ~-120~ R-200~ R-400 District~ Section 100-30. Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, and to the extent possible prevent, the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of p~ime agricultural soils which are the basis for a significant portion/of the Town's economy and those areas with sensitive environmental features including aquifer recharge areas and bluffs. In addition these areas provide the open rural environ- ment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second home economy. The economic , social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented, and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes, while honoring the legitimate interests of farmers and other farmland owners. Low Density Residential R-40 District Section 100-30A. Purpose. The purpose of the Low Density Residential R-40 District is to provide areas for residential development where existing neighbor- hood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. Hamlet Density Residential (HD) District Section 100-40. Purpose The purpose of the Hamlet Density (HD) Residential District is to (1) permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport and (2) to promote the provision of lower cost housing in these hamlet and village areas, where provision of utilities exists or may be possible and desirable and where public facilities and commercial activities are available. -4- Resort Residential (RR) District Section 100-50. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for waterfront resort development in what are essential low density residential areas at a density and character consistent with surrounding uses. Residential Office (RO) District Section 100-70. Purpose. To provide a transition area between business areas and low density residential development along major roads which will provide oppor- tunity for limited nonresidential uses in essentially residential areas. Limited Business (LB) District Section 100-80. Purpose. The purpose of the Limited Business District (LB) is to provide an opportunity to accomodate limited business activity along high- way corridors, but in areas outside the hamlet central business areas that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. Hamlet Business (HB) District Section 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business area, including retail, office and service uses, public and semi-public uses, as well as hotel and motel and multi-family residential development that will support and enhance the retail development and provide a focus for the hamlet area. General Business (B-I) District Section 100-100. Purpose. The purpose of the General Business/Highway Business (B-i) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designated to accomodate uses that benefit from large parcels o~ land, and that may involve characteristics such as heavy trucking and noise. -5- Marine Recreation (M-Rec) District Section 100-110. Purpose. To permit and encourage water-related recreational uses on waterfront properties that are located on inland waterways or creeks. Marine Business (MB) District Section 100-120. Purpose. To provide a waterfront location for a range of water dependent and water related uses which are those uses which require or benefit from direct access to~ or location in marine or tidal waters. Light Industrial Park/Planned Office Park (LIO) Distric~ Section 100-130. Purpose. The purpose of the Light Industrial Park/Planned Office Park (LIO) District is to provide opportunity for the location of business and professional offices, research facilities, industrial uses and similar activities in an open, campus-like setting in areas which are not appropriate for commercial activity or low density residential development. In this area such uses can be established in an attractive environment and serve both as a means of preserving the open qualities of an area and providing an area, adjacent to hamlet areas where such uses can be appropriately developed with suitable protection for ground and water surface waters. All uses must conform to Suffolk County Health Department standards. Light Industrial (LI) Distr~ct Section 100-140. Purpose. The purpose of the Light Office (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. The pages to follow are copies of the Table entitled. Summary of Permitted Uses Accessory apartment lB existing one-family delached dwelling Agriculture (~ncluding accessory buildings) ? - P£P44ITTED SE - SPECIAL EXCEFrlON [by Planning Board) SE* - SPECIAL EXCEPTION (by Town Board) A -ACCSSSOR¥ RESIDENTIAL COMMERCIAL INDUSTRIAL SE SE SE SE SE SE SE SE SE SE SE SE P P P P P P P P P P P p~ SE SE SE SE SE SE A A A A A A A SE P P SE P P SE P P P P SE SE SE SE SE SE SE SE SE SE P P A A A A A A P P SE SE P A A P SE SE SE SE SE ,llding, electrical or plund31ng contractor's l/ustness or yard ~lldi~lgs, structures and uses owned or operated P P P P P P P P P P P P P P P A A SE SE SE SE /- ~--~ SE SE SE SE SE SE SE SE P SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE A A A A A A A SE A A P SE A A SE SE SE SE SE SE SE P P pursuant to ~10~-31C Gasoline service station, partial self service SUMMARY OF pEP~IITTED USES BY ZONING DISTRICT SE SE P A A A A A A A A A A A A A A A SE SE P P P P P P P P P P P A A A A A A A A A A A SE SE SE SE SE SE SE SE SE S£ SE SE SE SE SE SE SE SE* SE* SE* SE* SE* SE* SE* SE A SE SE SE SE SE SE SE SE SE SE P P SE SE SE P A SE SE SE SE* SE* SE SE SE* SE* SE* P P SE SE A SE SE SE SE SE A A P P SE* SE* SE* SE* M~tor vehicle, mobile home sales room or ou[door SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE P P P P P P P P P P P P P P SE SE SE SE SE Sg SE SE SE SE SE SE SE SE SE SE SE SE A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A SE SE SE SE SE SE SE SE SE SE A A A A A A SE SE P P A A SE SE A A A A SE SE SE SE SE Recreation facility, fully enclosed, co~ercia! Recreation facility for use of employees Repair garage Repair shop for householdt business, or personal appliances Research design or development la~oratory Restaurant, drive-in, curb service Or fast food Restaurant (except drive-in) SE P P SE SE SE S£ P P P P P P P P P P P P A A SE SE SE SE SE SE SE SE SE SE SE SE P P A A A A A A A A A A A A A SE SE SE SE SE SE SE SE SE SE SE P. P A SE A A A A A A A A A A A A A A A A A A SE* SE* SE SE SE SE SE SE SE SE P SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE P P SE* SE SE P SE P A SE SE P P SE SE SE SE SE SE P P