‘Large house’ projects of 6,000 square feet and up could pause if the Town Board pursues a moratorium while concluding its long overdue land use review.
Town Attorney Stephen F. Kiely advised the board at its Tuesday work session to consider putting on hold the process for vetting these projects, which require special permits. Proposals already in the pipeline could shut down — even those with approved permits where construction has not yet begun.
That is, at least until work concludes on the Comprehensive Plan Update, which has been underway since November 2020. Such a moratorium would require approval by the Suffolk County Planning Commission.
Supervisor Gerry Siller asked if the Town would open itself to litigation.
“Absolutely not,” Kiely replied, citing case law that supports towns holding off on specific decision-making for a reasonable time, while actively reviewing a Comprehensive Plan and potential zoning changes.
“You’re using standards that you feel are not appropriate, or antiquated,” he said. However, the team reviewing the Comprehensive Plan may devise alternative guidelines for large houses, or recommend an outright prohibition.
“You haven’t made a fully reasoned decision on what you want to do about these, and yet you’re reviewing them under standards that you and the community both feel aren’t doing a good job.”
The last thorough Comprehensive Plan Update was in 1994. But community concerns about large houses were expressed in a 2008 draft review that wasn’t formally adopted.
Zoning Code amendments enacted in 2005 and 2010, require special permit review by the Town Board for homes with 6,000 square feet or more of “conditioned” interior space, known as SFLA, or square footage of living area.
The current draft of the Comprehensive Plan Update calls for reconsidering how the Town calculates SFLA and reevaluating criteria for judging variances. Follow this link to read draft chapters (and provide feedback) on the Comprehensive Plan Update page on the Town website.
Reining in a trend
Sprawling homes have long typified luxury living in the Hamptons. But it’s only lately that proposals for very large houses have become common on Shelter Island. Several are in the planning process.
Recently, Islanders turned out to protest one proposed for an undeveloped cliffside waterfront lot at 11 Serpentine Drive. For the main house and outbuildings, the proposed interior living area exceeds 12,150 square feet, according to the building inspector’s report. And that doesn’t include another 3,820 square feet of storage and mechanical areas, porches, and other spaces, the report said.
As in previously permitted large houses, the legal team representing the owner at Town Board hearings argued that the large subdividable property could yield multiple lots, resulting in much more total SFLA.
To developers, “it’s a game,” said Councilman Jim Colligan; they initially ask for more than they need, so the end result looks like a fair compromise.
“They’ve figured out how to beat the system, and still come across as someone fair, who’s actually doing you a favor.”
‘A more holistic approach’
Town Engineer Joe Finora said the ongoing review offers an opportunity “to take a more holistic approach” to development. He’s noticed that Town committees invited to weigh in on permit applications sometimes recommend conditions for approval that aren’t sustainable.
For example, they’ll suggest the Town Board require trucked-in water for pool and cistern filling even though a property might be in an area with plentiful water. But in doing, the Town shifts a local water burden to neighboring communities dealing with their own water shortages.
“It’s irresponsible and unsustainable for our community to outsource these problems,” Finora said, pointing out that tanker trucks heavily laden with water also clog ferry lines and damage Island roads.
“We can make standards so that designers can help their clients understand what they can do with their property and what they can’t,” Finora said. “And that will be better for the whole community.”
Realistic timeline
Councilwoman Meg Larsen, who leads the Comprehensive Plan Update with Councilwoman BJ Ianfolla, said that before lifting a moratorium, the Town would have to implement any proposed code changes, which might take a year.
“I want to make sure that we have an achievable, realistic timeline so that anybody who does get caught up in this knows that there’s an end date,” she said. “I also want to really define what it is that we’re hoping to accomplish with this. Because if that’s not clearly defined, how do we know when we’ve solved the problem?”
She said she’d solicit input at the next meeting of the Comprehensive Plan Advisory Committee, which is on Monday, March 27, at 6:30 PM. Find details here.
Deputy Supervisor Amber Brach-Williams recommended board members consult an NYS Division of Local Government Services handbook about land use moratoria. You can read the PDF here.
