HomeMy WebLinkAbout1000-95.-1-8.3 & 7.2 (2) To: Donald Wilcenski, Chair
Town of Southold Planning Board
From: Mark Terry, LWRP Coordinator
Date: February 14, 2018
Re: Proposed Conservation Subdivision Big Bing LLC& Little Bing LLC
Located on Oregon Road, approximately 1,481 ft. west of Duck Pond Road, in Cutchogue
SCTM 1000-95-1-8.3 (54.24 acres) and SCTM 1000-95-1-7.2 (30.49 acres)
This proposal is for a 75/75 split clustered Conservation Subdivision subdividing two R-80 and
AC split-zoned parcels, SCTM1000-95-1-8.3 (54.24 acres) and SCTM1000-95-1-7.2 (30.49 acres)
totaling 84.72 acres into 8 lots where: Lot 1 equals 4.38 acres; Lot 2 equals 37.36 acres upon
which development rights are proposed to be sold to Suffolk County; Lot 3 equals 23.02 upon
which development rights are proposed to be sold to Suffolk County; Lot 4 equals 2.11 acres;
Lot 5 equals 3.93 acres, Lot 6 equals 3.93 acres; Lot 7 equals 3.84 acres and Lot 8 equals 3.90
acres and a proposed right-of-way which equals 2.21 acres.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department,the proposed action is recommended as CONSISTENT with the
LWRP below listed policies and therefore, CONSISTENT with the LWRP provided the following is
considered:
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
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The preservation of scenic resources is a State and Town goal established in many plans. At the
State level the elevation and preservation of the value of scenic resources in Southold is
included within the LI North Shore Heritage Area. The designation is supported by a plan that
includes strategies and specific policy recommendations on the unique historical, maritime and
special environmental resources contained within the area.
Correspondingly, the Town's Comprehensive Plan contains many goals and objectives to
identify and protect scenic qualities from land and waters including, view sheds into agricultural
lands.
A. Minimize introduction of structural design components (including utility lines,
lighting, signage and fencing) which would be discordant with existing natural
scenic components and character.
To preserve the night sky, street lights are not recommended other than those
that are deemed necessary to mark road ends. Utility lines will be buried within
the right of way as required by Town Code.
K. Protect visual quality associated with agricultural land, open space and natural
resources.
Oregon Road has been recognized as an area of high scenic quality that is
important to the community and Town of Southold. The parcel contains
sweeping, unobstructed views to the northwest from Oregon Road. It is
anticipated that large residential and accessory structures will be constructed on
each lot. Lots 4 and 8 extend into and abut agricultural lands (soils). It is
recommended that a 50' wide vegetated buffer is required along the southern
property boundaries of the lots. The buffer should include grouping of
evergreen trees and shrubs to mitigate the mass of expected structures.
The purchase of development rights on 60.38 acres as open space further
preserves the scenic components of the parcels together with the reduction in
yield from 43 lots (Standard Subdivision)to 8 lots (Conservation Subdivision) and
clustering of lots minimizes the introduction of structural design components.
Note that the permissible yield for the Conservation Subdivision is 11 lots and
the applicant has voluntarily reduced the yield to 8 lots in total. Although the
reduction of the right of way from 50' wide to 25' wide has been discussed to
further this policy, Town Code and NYS Fire Code regulations will not allow it.
The design characteristics discussed above further this policy.
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
Bluff Erosion and Stability
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The stability and rate of erosion on the Long Island Sound Bluff(LIS Bluff) is high due to slope
and soil types. The area is included within the Coastal Erosion Hazard Area. Lots 5, 6, and 7
are proposed to include the LIS Bluff and portions of the Coastal Erosion Hazard Areas. Lot
topography indicates that the properties slope towards the top of bluff. Due to potential for
loss of land area and eventually structures in future storm events, development in these hazard
areas needs to be managed to reduce exposure to coastal hazards. Methods of risk reduction
include stabilizing bluff soils with vegetation and non-structural materials, moving structures as
far back from the hazard area to the greatest extent practicable and retaining beneficial
vegetation in buffers that stabilizes soils landward of the bluff. Hard erosion control structures
should be considered as a last option.
B. Use vegetative non-structural measures to manage flooding and erosion hazards.
1. Use vegetative non-structural measures which have a reasonable
probability of managing flooding and erosion, based on shoreline
characteristics including exposure, geometry, and sediment composition.
To decelerate the rate of erosion, it is recommended that a re-vegetation
plan for the areas void of vegetation on the bluff is required. Terracing
may be required to "hold" vegetation in place. The submittal of an
engineered bluff restoration plan is recommended.
2. Use vegetative measures to increase protective capabilities of natural
protective features. Discourage clearing of existing, particularly
indigenous vegetation during siting, design, construction and regrading
phases of any development project.
It is recommended that the a 50' wide non-disturbance buffer landward
of the top-of bluff line and a 50' wide vegetative buffer from thereon to
total 100' in width be established.
Recommended Activities within the Non-disturbance Buffer:
1. Removing vegetation which is hazardous to life and property
2. Trimming tree limbs up to a height of 15 feet to maintain view
sheds.
3. Supplemental planting of vegetation to achieve soil
stabilization.
4. The establishing a 10' wide and four-foot-wide access path
constructed of pervious material for access to the water-body.
5. Grading other to repair erosion hazards is prohibited.
Recommended Activities within the Vegetated Buffer:
1. Removing vegetation which is hazardous to life and property.
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2. Trimming tree limbs up to a height of 15 feet to maintain view
sheds.
3. Planting of indigenous, drought tolerant vegetation.
4. Prohibit grading other to repair erosion hazards.
5. Prohibit the placement of structures.
3. Discourage alteration of existing natural drainage contours and swales
and encourage enhancement of those natural drainage features where
they exist.
As indicated above the lots 5, 6, and 7 slope toward the top of bluff. Lot
5 includes a swale near the west property boundary. Grading should be
limited to emergency repairs, stabilizing soils and prevent run-off from
running down the bluff/swale and causing additional erosion.
Policy 5.4. Limit the potential for adverse impacts of watershed development on water quality
and quantity. ,
Both the Long Island Sound and Peconic Estuary have experienced detrimental changes from
increased nutrient loads to ground and surface waters. Recent studies have linked on-site
sanitary systems with contributing Nitrogen to surface waters and cumulative impacts could be
moderate to large. Low Dissolved Oxygen (DO) conditions (hypoxia) develop due to excessive
levels of Nitrogen (N) and Phosphorous (P) in surface waters. Hypoxia is a result from
planktonic algae blooms that feed on the nutrients. The algae die and settle to the bottom of
the water body then decay, using up Dissolved Oxygen in the process. The Oxygen levels
frequently fall below the levels necessary to sustain life and often result in fish and shellfish die
offs.
The development of residential structures and associated on-site sanitary systems results in
incremental, and compounding affects to the quality of the Towns' coastal waters. Six new
sanitary systems in an area that is not served by public water are proposed.
Groundwater and surface water impacts could be mitigated through the utilization of I/A OWTS
sanitary systems capable of reducing the N loading is recommended. Further, best
management practices to reduce the application of fertilizers to lower cumulative nutrient
loading are also recommended (see below).
Policy 5.5. Protect and conserve the quality and quantity of potable water.
The area is not served by public water. Water supply to the properties will be sourced from
private wells. It is recommended that the Board require that the applicant show the 150'
required distance from existing adjacent property wells and sanitary systems to determine if lot
design would allow compliance. Suffolk County Department of Health approval is required for
all proposed private wells and sanitary systems. The utilization of I/A OWTS sanitary.systems is
recommended.
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As discussed above, to preserve surface and groundwater quality, it is recommended that the
following best management practices are required for all residential lots to further policies 5.2,
5.3, 5.4 and 5.5.
a. Require the use of native, drought-tolerant plants in landscaping.
b. Require only the use of organic fertilizers where the water-soluble nitrogen is
no more than 20%of the total nitrogen in the mixture.
c. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 lbs. per 1,000
square feet per year.
d. Prohibit the application of fertilizer products containing nitrogen,
phosphorus, or potassium between November 15Y and April 11.
e. The use of phosphorous containing lawn fertilizer is prohibited unless
establishing a new lawn or soil test shows that the lawn does not have
enough phosphorus. Fertilizer labels have three bold numbers. The number
in the middle is the percentage of phosphorus in the product, e.g. 22-0-15.
Use of products with 0.67 in the middle or lower is not restricted. Products
with a number higher than 0.67 may only be used if a new lawn is being
established or a soil test indicates it is necessary.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem.
Portions of the parcel are located within the Costal Erosion Hazard Area, an area identified as
being susceptible to erosion. The area encompasses a steeply sloped bluff and is highly erosive
and unstable. Two 10' wide easements with 4' wide pervious paths are proposed; one along
the west property boundary of Lot 5 and the second on the east property boundary of Lot 7.
Both easements are expected to lead to bluff stairways down the face of the bluff to gain
beach access in the future.
Due to the high rate of erosion of the bluff system in this area and threat of increased erosion
as result of future storm events, it is recommended that one common access be established to
serve all plots to avoid disturbance of the bluff soils and prevent loss of structures.
The proposal includes a 100' wide, vegetative buffer landward of the top of bluff line. The
composition and maintenance of the buffer is unknown. It is recommended that a 50' wide
non-disturbance buffer is required landward of the top-of bluff line to preserve existing
vegetation in place and a 50' wide vegetative buffer from thereon. Activities within the
vegetated buffer could include removing understory invasive species and replanting with
beneficial species. Existing trees within the buffers should be preserved.
Policy 12.1. Protect agricultural lands from conversion to other land uses.
The intent of this policy is to conserve and protect agricultural land in Southold by preventing
the conversion of farmland to other uses (LWRP). Both parcels are located in the agricultural
district.
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The parcels are currently in agricultural use except the portion near the Long Island Sound. The
area is wooded and contains slopes equal to or greater than 20 percent in places. On site soils
are predominately comprised of:
Soil Type Status
Haven loam 0-2%, Prime Farmland
Riverhead sandy loam 3-8% Prime Farmland
Plymouth loamy sand 3-8% Farmland of Statewide Significance
Towards the bluff, the soils classification changes to reflect_ slopes that range from 3 to 15
percent (excluding the bluff itself).
All lots are located on Prime or Farmland of Statewide Significance (ArcMap).
The area where the road is proposed is comprised of Haven loam and Riverhead sandy loam;
both Prime Farmland Soils and Plymouth loamy sand, designated as Farmland of Statewide
Significance by the United States Department of Agriculture. The conversion of agricultural
lands/soils into a right of way/road that creates a non-farmable section of land does not fully
support this policy.
Lot 1 in the southeast of the parcel contains prime farmland soils and includes 2.05 acres of
crop (sod). The area is improved and used as the base of operations for the farm.
Similarly, lots 4 and 8, totaling 6 acres are proposed in an area comprised of Riverhead sandy
loam and Plymouth loamy sand soils, both listed agricultural soils. When developed, the
agricultural soils may be permanently lost. It is unknown if an agricultural use will continue on
lot 8. Lot 8 currently contains 3.04+ acres of crops (sod). Lot 4 does not contain crops however
the lot boundary is located just northwest of an established vineyard. The creation of the two
lots will convert approximately 6 acres of agricultural lands and soils into residential use.
The proposal does not fully support this policy; however, in consideration of the design
elements, the policy is furthered to the greatest extent practicable and meets the goals of the
Town of Southold Conservation Subdivision regulations. The preservation of 60.38 acres of the
agricultural soils through the sale of development rights furthers this policy.
D. Provide buffers between agricultural and non-agricultural uses.
Development rights on Lots 2 and 3 are proposed to be sold to Suffolk County and will continue
to be farmed. As discussed above Lots 1,,4, and 8 will abut the land area upon which
development rights have been sold. Lot 1 is currently the base of operations for the active
farm. Residential uses are expected to be proposed on lots 4 and 8 and therefore, the
establishment of a vegetative buffer along the southern property boundaries, upon each lot is
recommended to further Policy 12.1. D.
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Policy 12.3. Minimize adverse impacts on agriculture from unavoidable conversion of
agricultural land.
The LWRP states that "Where farmland is converted to residential or other non-agricultural
land use, the adverse impacts of that change on the remaining agricultural land should be
minimized. To the maximum extent possible, clustering and other techniques should be utilized
to retain sufficient land suitable for agricultural opportunities within the new development
area. Arrangements for keeping viable fields in production through lease arrangements or
easements should be encouraged. Site design should minimize potential conflicts between new
residential or commercial uses and the agricultural use."
As indicated above a goal of the Town is to keep viable agricultural fields in production and
protect prime/significant agricultural soils, minimize residential and agricultural conflicts. The
residential lots are clustered in the northwest of the property in an area that is not entirely
farmed. Proposed lots 1, 4 and 8 encroach into active agricultural lands or soils, however,
based on the discussions above, the conversion is minimized by design. The proposal, as
submitted, furthers the policy to the greatest extent practicable.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
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