Plans for the residential site plan, located at 75 Schoolhouse Road, on the northwest corner of Griffing Street and School House Lane, approximately 1,079 feet north of the Main Road in Cutchogue, include the creation of 130 detached and non-detached dwellings, with 40 “Type A” units of 1,999 square feet of livable area, and 90 “Type B” units of 1,599 square feet of livable area. Also proposed for the 46.17 acre parcel is a 6,190 square foot community center, an outdoor swimming pool, two tennis courts, a putting green, 296 parking spaces — with 260 for the dwelling units and 36 for the community center, as well as other site improvements.
The land, once zoned for agricultural use, is now zoned hamlet density.
Controversy over the plan has raged for over 30 years. In July of 1983, the planning board asked for an environmental review of the project and in 1985, denied a site plan application. Property owners commenced litigation and lost.
The most recent round of litigation commenced again in 2009 over zoning when property owners Nocro, LTC sued the town over zoning changes; currently the town has embarked upon the environmental review process.
According to Southold Town Supervisor Scott Russell, the property was zoned hamlet density in June of 1983, allowing for four homes to an acre.
Because there is a lot yield requirement, or land needed for roads and drainage, the usual amount of homes would actually be less than the four per acre but “still significant”, Russell said.
Currently, litigation is still before the court, Russell said. “It is important to note that both sides agreed to hold the case and put it to the side so the application can be made to the planning board,” Russell said. “We did not ‘settle’ the litigation.”
Russell said when he and now-Suffolk County Legislator and former town board member Al Krupski took office, “We realized that such a proposal would have substantial impacts to the surrounding community. We made amendments to the code which were not originally required.”
The amendments require that at least 50 percent of the land be held out for open space, and the total buildout for residences on the site was limited so that to comply, a developer would either need to build less larger units or have to build more smaller units.
“We expanded the required setbacks from the neighboring properties and required the clustering of structures to reduce impacts on the land to reduce the amount needed to be disturbed by development,” Russell said. “We made some pretty substantial changes to substantially reduce the impacts of such projects. It is our expectation that any application will reflect the intent of those changes.”
Prior to the amendments, Russell said, a developer could build 165 units with no limit in size and only modest setbacks from neighboring properties. The previous code also allowed for the homes to be built separately rather than attached. The previous code would have permitted what would look like 165 houses spread out across the whole site with no clustering or open space . The new code guarantees at least half of the site would be preserved.
“On that specific application there was no age restriction, however, we insisted on it being a 55 and over community and the developer agreed,” he said.
Opponents of the plan are still galvanizing in protest.
“Due to the massive size of the development compared to Cutchogue hamlet and the certainty of serious adverse impacts on our natural environment and community we can not afford less than a full hard look at the proposed development of farmland as condominiums,” said resident Benja Schwartz.
At Monday’s work session, attorney John Wagner and developer Jeffrey Rimland outlined the new plan. The planning board set forth a number of requirements, including that no more than 130 units could be built, with all condominiums.
The developer also said the plan must include no more than 245,000 square feet of livable floor area, and must set aside at least 50 percent for open space. Covenants and restricts will ensure residency to those 55 and over.
While going over the plans, the developer noted that the tennis court is in a new location, with road configuration different on the eastern half of the parcel.
In addition, septic system plans were changed from seven clustered systems to 36 smaller locations closer to the boundaries.
The planning board also discussed the conceptual plan for open space. The developer was asked to include an inventory of existing natural trees and native plant species, but the planning board said that could wait until spring.
Once the site plan is reviewed and found to be complete it can be sent to the appropriate agencies, planners said. Town planner Heather Lanza said the draft environmental impact statement would be resubmitted soon.
