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Home My WebLink About1000-35.-2-8 OFFICE CHall Annex MAILING ADDRESS: Town ° � DKK^ P.O. Box 1179 54375 State Route 25 "M, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Denis Noncarrow, Town Clerk From: Donald J. Wilcenski, Chairman ct,� Members of the Planning Board Date: November 16, 2022 Re: Change of Zone Applications • RQA Properties LLC, 29950 Route 25, Cutchogue, SCTM#1000-102-3-1 4 4545 Main Road Enterprises, Inc., 4545 Route 25, Greenport, SCTM#1000-35-2-8 The Planning Board has reviewed the zone change requests referenced above. The recommendation is to postpone any decision-making on these and future zone change requests until the Zoning Update currently under way is completed. An exception to this recommendation would be for Affordable Housing District zone change requests, which, as a floating zone, is appropriate to consider given the great need in Southold Town. DENIS NONCARROW n � " Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � a Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER MMYW " www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD RBALMr .ec. RECEIVED MAY 0 5 2022 until' own Planning Board To: John Burke, Deputy Town Attorney1'i�r'r- y `ad 1c)) \ Heather Lanza, Planning Director re,�erc!- S14 From: Denis Noncarrow, Town Clerk Re: Change of Zone Application of 4545 Main Road Enterprises, Inc. Date: September-30,-2'`" resent May 4,2022 Please review the enclosed change of zone application as to completeness and send me your comments and recommendations. Thank you. Enclosure (1) Application NAME OF APPLICATION: 4545 Main Road Enterprise,Inc. DATE: September 30,2021 ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR RE ZONING PETITION TC TA PB D ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ Fee of$1,000.00 ($500.00 for AHD) Q ❑ Written notice to all property owners within 200' of property; mailed within 5 days / ftg�LqLILilg filing of petition hY" 0 ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: * Statement Of Proposal (as presented in zoning petition) O Description Of Property * Present Zone And Proposed Zone * Petition Will Be Filed Within 5 Days * Petition Can Be Reviewed In Clerk's Office * Public Hearing Must Be Held * Adjacent Owners Right To Be Heard @ Hearing * 10 Days Before Hearing Notice Published ❑ 0 ❑ Meet all requirements for submitting zoning action pursuant to section 239 L&M of General Municipal Law attached hereto ��J ❑ If applicable, file waiver of notice from property owner w/the clerk's office i i::! ❑ Six (6)maps drawn at the V= 100' scale in accordance with attached information sheet. im ❑ Six (6) sketch plan maps at the 1"= 100' scale or the 1"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk .....:. _. �...�./ Date211 .. Signature TownAttorney _. w .._.................................................. Date_................._. Signature Planning Board Date Signature RECEIVED Michael A. Kimack ATTORNEY AT LAW P.O. Box 1047 Southo!d Town Clerk Southold,N.Y.11971 �..�Cell No. 516-658...-6807....................................._ E-mail: mkimack2@verizon.net September 18,2021 Ms. Betty Neville, Town Clerk Town of Southold P.O. Box 1179 Southold,N.Y. 11971 Re: Petition of 4545 main Road Enterprises, Inc. to Southold Town board for Change of Zone Premises: 4545 Main Road, Rt.25, Greenport SCTM# 1000-35- 2 - 8 Dear Ms.Neville The property has been utilized for commercial enterprises since the late 70's. For approximately the last forty (40)years, the property has been occupied with a building operating as a restaurant. We respectfully request the property be re zoned from its present R- 80 zone to limited Business (LB). This zone would allow the property owner to convert the property to other commercial uses as permitted by the zoning code for a limited business zone Enclosed please find the following: 1. Four sets of the completed application form and petition with aerial photo 2. Check for the application fee of$1000.00 3. Six(6) prints of Map for Zoning Change and list of property owners within 500 feet 4. Six (6)prints of updated survey of property 5. Copy of the deed containing metes and bounds description 6. Short Environmental Assessment Form 7. Proof of mailing service 8. Property card 9. Summary of commercial activities in surrounding area Notice to Adjoining Property Owners within 200 feet with attorney affirmation of service is enclosed Sincerely, Michael A. Kimack, Agent i%/ii i ELIZABETH A.NEVILLE MMC �//i i �� Town Hatt,53095 Main Road TOWN CLERK /� i,,°% P.O.Box 1179 :; ��, ��j% Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ,�1��/�� Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www_southoldtownnygov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEPI 0 2021 REQUEST f'OR A E- MENT gtr 'I IDR C ANGE OF 7,0NESouthcr,d Town Cerk APPLICATION NAME: (N IN, SUFFOLK COUNTY TAX.MAP NO.: 1000 - ......M.., _—15_ -_ Z -_—'8— District Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265,Town Law. Further,the following are submitted herewith (check tiro :w ar o nriate. Ni,r•ite N/A here not applicable) —6. Four(4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. tl'*""2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the property to be amended. _Z4. Metes and bounds description of the proposed amendment. 10/1/2008 1 —�Z 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR (SEAR), or check with the Town Attorney and/or the Planning Department. ��6. Other information deemed necessary for review by the Town Board,the Town Planning Board and/or the Suffolk County Planning Commission(i.e. site plans, subdivision maps). Please note items submitted: �" X » . B. GENERAL INFORMATION: 1. Name Of Applicant( ) Address: _. .� ..... ......................... _. Tele hone No. If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation(or partnership), give the name and title of the responsible officer: Name: Title: Address:(if different) Telephone No.. 3. Landowner(s) C1. � Title;Address _._..�� . ... ..� Telephone ...... www. I . �'" �.�.1?��4 CL> Tele hone No, - ... 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name:._ . W.,C � Title:. Name of Firm: Address: 'fix. ". ,��,�_ ''' "�+ � �6/ r . '' 11' �-..._.._ Telephone No.:.... _ . 3 .." P . �. ,_ _... ...... ..... _o- . ...,.,.,. . .,e.,._ 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: "` `�� w ..... � � ..............._Title: -r Name of Firm. Address: ` .�� 1� � IVY 11Y-7 . Telephone No.: �'". ....,. __....... .... ._...._.. 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: Address Telephone No.:---,- -___._�. _.... C. SITEXROJECT DATA: 1. Location of Property w . of nord uh east/we st (street) 11," &OA1_, QQ feet.... ......._..... _.._w. or road) (north/soutl, of .... .. �.., � '� (nearest intersecting street) (hamlet) 2. Existing zoning districts)_ �`-- Special Overlay District(s), if applicable _.. . ..... 3. Requested zoning districts 1. � L) =WY_w.. � . 4. Lot area:, -.,,,,-- sq. ft or acres__www..0-6..4_...,_.ww...._...................._.._w.._____..... 5. a. The latest deed(s)describing this parcel(s) is (are)recorded in the County Clerk's Office as follows: DA FF LIBEL PAGE 201fa-00-_.. b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? YES _. .w.w.._NO 7. All buildings and structures are shown on the survey?_ �YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) S. Existing: Building Area � r sq. ft. Lat coverage_ F_6 �0 9. Please attach a detailed typewritten description of the project,the proposed use and operation thereof. including a detailed explanation of the design concept,the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not)in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons 10/1/2008 3 k\hy proposed project can nal be huilt under current zoning regulations and pursu,ult to the C1.11'1-ent '7.011111',? 111up. D. AGENCY COORDINATION AND SEQRA (See Part 617. NYCRR and Chapter 130 of Tovv n Codc) 1. Does the site Front on a Town. County of State Road`' (circle ogle) Name and number of the road (i.c. C'0unty Road 48. State Road 25) ?. Is the site v�ithin ani other areas of'review ofthe Suffolk County Plaorling Con1111ission? YF B S NO, 'y'es, the referral requirements ofthe Suffolk CountN Planning C'0nlnliSSion should be examined to assure a complete application. 3. Is the site in a designatcd Critical environmental area as per the New York State I:llvironniental Quality Rewievv-Act (SL-;()IC,\) and Chapter 1300 of the Town Code? -.......... YES I.......V' NO. Ifyes. %%hat ,area' 4. Fype I. '1 N.-pc 11 or Unliswd Action (CINIC'Onl') All environmental ;ksscssnlerlt 101-111 111U,il be ,olnpleted for Unlisted and Type I actions. 5, Has an F.11virllswmc Ill Assess111ent Form or Dralt Environmental Impact'Staternent been Ilrcpared? F 'S Il'yes. copies should be submitted with the application. E. F hereby depose and certify that ,all of the aboie statements of information,and all statements and information contained in the supporting documents and drawings attached hereto are true and correct. APP1,.1CANT'S S16NA 11If1; ti��urn hefOre lllu .his Telephone Nuntbe,' d o f _ 't1 $J • c-mail address ' , Y'4&A-r �/C(,ptJ� CO-V _.. .... No I.WY P(F 1 6C" MICHAEL A.KIIIrIACK Notary Public,State of Now York No.02 105 6 Oualiffed In Nassau County Commission Expires March 11, 10/112008 4 F. OWNER'S ENDORSENIENT ( Fo be sI,gned ji'applicant is n(It the mwner or if the omier is a corporation or partnerdi'113) State of New York County of S U ffio I k --heing, duly sworn- deposes and sans that hq,iIljeresides ell J: A9 III the ('01.111ty Of and the State and that heQvis (the owner or the officer of the corporation or partnership which is the owner in 1,ce (Circle)) of the premises described ill the f*()re(-,,-)Iri,(, application and that heeha,,, '11.1thOl-i/Cd to make the f6rcooing application lloramendmeiit and/or change of zone as described here in. NV","A m 1: SIGNATURE H-2yN ffa corpmalioll. namo O�'corporation and Officer's title S 01 111C this Din 20-,Z/ MICHAEL A.WMACK Notary Public,$We of New York No�02KI50SM23 Cluallfied In Nassw CourdY Cornmission Expires March 11,2022 10/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk S" = " being by me duly sworn, deposes and says: 1. I am an applicant for a project or 11n owner fthe land which is the subject of a pending application before the Southold Town : salt°d for amendment and/or change of zone. 2. The project name is: �" �... � ... .w . .,. ....... ° � _ 3. I reside at 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE w.wwww.ww......... _. .. ........... .. � , �....... .a.aa._._. 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind,to members of the Town Board or political committees designated to accept donations behalf: Yes No� 1. Owner 2. Applicant 3. Agent for owner or applicant _ t� 4. Attorney w.... .,.,a _.._ 5. Other 10/1/2008 6 If the answer to Question 7 is yes,Town Code Chapter 26 require that the information be provided below: Name Title (0witer, AgyentAttorneys, other) Amount ***********4*****,***********t,****************************4 For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director,partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following indiN idpals have an interest in the applicant or owner, as defined above? "YES NO 1. Any official New York State 2 YES k"..'NO 2. Any official or employee of§`o`u_ hold"Town or Suffolk County?—YES NO If the answer above is yes,to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST ............................... ...... . ........ ........................... ...... 10/1/2008 7 SIGNATORE Sworn before me this LMv of_._. � 20� NOTARY PUBLIC MICHAEL A.10MACK Notwy Public,State of Now York No.0,2KIS056M Oualffied In Nassay Courty Commission Expires March 11, 1011!2008 8 617.20 Appendix B Short Environmental Assessment Form Instructions for Conipletin Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become pail of the application for approval or funding,are subject to public review,and may be subject to further verification Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. ............... Part I-Project and Sponsor Information �'412-46W-7�- .X- 16 -Name—of-Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: 7—a 6-01V'Ve!5,R 7— /:;7k��Al ............ Narne of Applicant or Sponsor: Telephone. Address: C7 ity/M State. Zip Code: *y J 1,Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes, attach a narr�ative description of the intent of the proposed action and the erivii,oiunental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. ............ 4 2. Does the Proposed action require a pen-nit,approval or funding Frain any othcr govemmental Agency? NO YE,S.- If Yes,list agency(s)name and permit or approval: ..... ............... ..... acres 3,a.Total acreage of the site of the proposed action? b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres .......... .......-""" ....... 4. Check all land uses that occur on,adjoiningand near the piopos d action, 1:1 Urban LJ Rural(non-agriculture) C1 In4 V'*orrrriercial )(Residential(suburban) Ll Forest c-Agriculture 0 Aquatic X Other(specify): &&A C019'415............. c]Parkland .............. Page 1 of 4 5. ro the proposed aNO", I5 , ,.�........._._� ..�....... _ _.,�. .,.._-w .,w.m..� _.a_ ..........__._._.ww..__� �,�.... ... Y p p action, ES N/A a.A permitted use under the zoning regulations? x NW b.Consistent with the adopted comprehensive plan? 6, lIs the andscape?peposed action consistent with the predominant character of the existing built or n W. atural NO YES ,.... ry 7. Is the silo of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NOw M YES m If Yes,identify: _,,,_,,_,,, j . ....ww_............ ....M........ W.... .. 8, a.Will them proposed action result in a substantial increase in traffic above wmpre �.... p p Bove present levels? NO YES � b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? i 9.Roes the proposed action meet or exceed the state energycode requirements? NO YES If the proposed tion ac., ,describe design features and technologies, �,.will exceed requirements ....._ ...._ X ._.: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: .._. _ _ _..._....... .. 11.Will the proposed...actiog wastewater utilities? n connect to existing -_ ......._,.w_ww.�..� _..... p ....,... NO YES 11 1 If No,describe method for providing wastewater treatment . 12. a.Doeshe site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b,Is the proposed action located in an archeological sensitive area? ._.. _ 13,a Does any wetlands a portion then wat rbodres reeulated b da federal,state nds adjoining the 7ro proposed action, O Y .. on,or l a j g P P contain N ES` V g y ate or local agency. �{ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres - " 14. Identify typical habitat that occur on theproject Check all that apply: El Shoreline Forest ❑Agricultural/grasslands ❑ Early mid-successional O Wetland ❑Urban O(Suburban 15,Does the site of the proposed action contain ... species ..ani ��..... hab s, ��t �� . any species of animal,ar associated habitats,listed NO ; YES by the State or Federal government as threatened or endangered? �( ..W................._._..._._� ,kww_ wwww...... .. , ,,,,,, .. .. ....... �w...._ ... .., lb.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge, p. int or non-point So es? � ES k .......,. .. ... �. .....__ either from p Dint or non- Dint sources. NO YES If Yes, a.Will storm water discharges flow to adjacent properties? O NO❑YES X b.Will stone water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO O YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ............................. ..........I............... ...... 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: .......... ........ -—--......... ........--- . ....... 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ...... ......... ...... I AFFIRM THAT THE INFORMATION PROVIDED ABOVE TS TRUE AND ACCURATE TO THE BEST OF MY pOWnt/spon Asor name: 0-0yDate: Signature:. Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" or"111 Mo4erlatev small to large impact 1 impact may may occur occur ......... .......... ................. ....................... ......... 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ............ 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? XmW 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)9 ................... .......... 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? .......... ............. 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available,energy SRnsenlati0f)or renewable energy cppoltumtles? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural oi-aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? ... ................. Page 3 of 4 No,or Moderate small to large I impact impact may may 10. Will the action in increase in the for. ._..e.. w�ww .w... w.....,�... occur occur P p potential erosion,flooding or drainage problems? ro osed action create a hazard to environmental resources or human... .w....�.._.................._.._. 11. Will the . ......_ proposed n health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. 11 Check this box if you have determined,based on the information and analysis abort adverse s �portmg e,and an su documentation, that the proposed action may result in one or more potentially large or significant impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. .... _ ...., _. _........�..... _ .... .. . ...a,... �..... ..._. w....... Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency _............ Title of Responsible Officer ......... miW _ .. . Signature of Res onsible Officer in Lead A enc Signature of'Pre arer(if different fi•om Responsible Officer) Page 4 of 4