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HomeMy WebLinkAboutHoman, Elizabeth J. Amend #120THIS IS TO CERTIFY THAT THE FOLLOW. lNG RESOLUTION WAS ADOPTED BY THE SOUTHOLD' TOWN BOARD AT A REGULAR MEET. I.NG HELD ON JULY 2, 1985: WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ....E!.!.z..a..b..e..t..h....J..:....H..°...m.?..n. .............................................. requesting a change, modification and a.mendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A" Resjdei3tial and ,, ,, .... .,' . . , - f Aar~cultural ~ - C L~ght ~naustrla~ ng rom ............ ~ .............................. LJIsTnct TO ............................................ District the property described in s~id petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in reb¢ion to said petition having been duly held by the Town Board on the ..... ..4.t..h. ......... day of ............... .J.~.u..n..e.. ....................... , 19..8..5....., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: July :2, 1985. 6-~ --Judith T. Terry~/ ' Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 3, 1985 Van Tuyl Land .Surveyors Front Street Greenport, New York 11944 Dear Rod: Please make the necessary change to the Southold Town Zoning Map in-accordance with the change of zone from I'A" Residential' and Agricultural District to "C" Light Industrial' District on certain property of Elizabeth J. Homan at' Main'Road,. Cutchogue, as per attached legal description and' map. Please forward me five (5)· updated sheets of this ma[:, when it 'is' completed. Thank you. · Very. truly yours, Judith T.. Terry Southold Town. Clerk Enclosures JUDITH T. TERRY Toaqq CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 July 3, '1985:' Michael J. Hall, Esq. Youngs Avenue Southold,. New York 11971 Dear Michael: Transmitted herewith is the certified resolution of the Southold Town Board authorizing the Change of Zone from "A" Residential and Agricultural Dis[rict to "C" Light. Industrial District on'the property of Elizabeth J. Homan, Main' Road, Cutchogue, New York, as well as a copy of the .Legal. Notice publiciZi'ng the Change of Zone, which will become effective '10 days following posting and publication. Very truly yours, · Judith T'. Terry. $outhold Town Clerk' Enclosures THIS IS TO CERTIFY THAT. THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEET. lNG HELD ON JULY 2, '1985: WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by ........ .E.[j.z.~.b...e.t...h....J.......H...o..m...a..n. ........................................ reque?ing a change, modification and amendment of the Building Zone Ordinance including the Buildjna Zone Mops made a part thereof by chang- "A" Residential ~ind ing from ...:..~g..r.i..c.-U.!.t..u..r..a..I ................. District to ...'.'..C..'.'....L. jg.h.t...!..n..d..u...s.t..r..i..a.[. District the property described in sa.id petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, o public hearing in relation to said petition having been duly held by the Town Board on .the ...~.t..h. ........... day of ................. .J..u...n..e. ............... · ....... , 19..8..5.!.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: July 2, 1985 ~/~ Judith-T, Terry~'~/ ~ Southold Town Clerk '" .: NOTICE 'OF A~ENDMENT" ,r., TO TOWN CODE ?;: ': AMENDMENT NO. 120 NOTICE :iS' HEREBY GIV- : EN }h~af at a~ 'n~eetihg' of thc Iow. Bo:u'(I of the Town SolJI. h(dd. Stlffi)lk ('ounlv. Ne~ ' York. hem ~] the 2nd day of .hdy, 19~5. [he Town Beard .enoclU~ IIIc fi~lhmitlg ame,d- mcr, to lite Town Code e,li0- ed "Cude of ~[~e Town nf So,ihold" Iogeff~er wiff~ '.lhdldmg ~one Maps Ibrming a pill't thereof as follows, m wit: Ame/tdnlenl No, 120 a- mend~ die C6de of the.Town of- ' Soulhold by ehan~i,g from :TdA" ReSide,tii~'..~ ~gricul- ~Ural 'D~s~i~t '~'~',;~ c- Li ht ~'~lndnstrl~l ~isl ' C"I L' pi'op6rty of Flizabelh .}. I'[oJnan. sitilnl- cd al C, tchoguc, Ne~ York. and more pa :ficularly bomMcd and described 'as:']'ollow5. t~ BEGINNING at a monume,t SCI on tho southerly side of Main Road. 20.16 feet easl~rlv ' al:rog said line from the nort~- L'ag e 'iv COI'/I~ of land /io~ or t~ 'mcr[y Of George Braun and ~1 tho nol.tJleaglOriy corncJ~ oJ' land co,vuyed by Arum Orl~iw- ski NL said Qeorgc BrRun; runuing thence along southcrl~ side of Main Road NO'Ih 51: I?' Easl J00.0 I~Cl lo a monllment and larld of Ruynold F. Bhlm; running: lbo'leu ~l~)llg ~hc {asl mention- ed land, Sotuh ;11~ 28' East , 1tis 0 Ibel lo land of James Homan and Elizabeth J. Ho- ' n~atl; l'tll~llillg Ihgllce along la~i me[Jlioned land. Ihe fol- cu~: {]) Nnmh 51~' 17' ,Il0.0 Rmv: and (~) N,)r~h ~!~ We>,. 165.0~ce~ 1o ~he ~omher- ' ly ~ide of ~am Road ~nd dm poim or [Hpce or: BEGINNING. DXrE~: Jub'. ~,.1~. ~U'.)ITH T. TERRY lT-7/H/85(6)' : COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia .Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ./. ...... weeks successively, commencing on the ........... ././. ........ Sworn to before me this ............ .'f,/..~.... day of ..... · .... ........ ..... Notary Public BARBARA FORBES l'~ot, at'y l:h:tblh~, 8ta%e o~ New York No. ~alified in ~uf~olk County ~m~zdon Expires M~eh ~0, 19 ~ NOTICE oF'AMENDllr~ENT , . TOTOWN CO~ NOTICI,'. IS Hb~R~Y GIVEN that ill ti ..,eting of the Board of tis, Town et' Southold. 5ultelk Coarity. New York. hehl (m lhe 2nd day o~.Tll]y, 1985. T~wn Board ehaeted Lho Ibile'a- lni~ nmepdment ~) tlw Town Code entitled 'Cede of thc T.wn Or ~oul}leJd" tollesher wllh Budding Zc, m, Map. lot,fling pa~ thereof a ~ Rillowg, to w~t: Amendment. N,. I~0 amonds ihe C.de of the ~v'a .FSour, hold rial omi Ag,~c:aiturat District "(7" I,i~ill Ind~riai ~isiricl !hr property of bllizM)oth J. s~Ltntled ill ~?ll t/:ho~Qe, New V(,rk, und more partic~iar[~ bounded and &.~crihed as Ibl- !ow~,.~?it: BEGINN~G a~ a monnment ~:~t on the ~uthe['!y s~d~ .f Mair~ Road. 20.16 lbeL ~.asiv,'ly along said lin~ t~im fh~ horl.l,vast~rl~ comer nl'lana r. ov: or fi,'merl~. G~rge Brmm and at the eustc, rl~ edrno~ &land conveyed by Au,a Orlo~ki to said (le~rge Braun, run,fing I h-nee along the ~outherly side .~ Ma;n Road No~h 51~ 17' East 100:0 feet a mo,inmont and land efRt.> STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA T,~.I~ICA.q of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE'SUFFOLK TIMES, a Weakly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ll dayof July, 1985_ Principal Clerk I;. Rlun,: runni.~g thence alol,.~ Sworn to before me this ]. 1 --,-,i ..... the last mentioned land, Soutl~ ' dray of July 19 8 5 _/~t}J, ?l.ea.o~L~., 3~° 2R Ea~t"~6a N feet to land 'of; '~ _ N~U~LI6 ~tate ot New ?,,, ~,,~ ..,,.u...~,! i~,.~, ~t,~ rot- ~. ~~ / ~ / ~ tanoom (11 ~.~h 51° 17' lluO0 STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one yea.'s; that on the 5th day of July 19 85 , she affixed a notice of which the annexed printed notice is a true copy~ in a proper and substantial manner, in a most public 'place in the Town of Southold, Suffolk County, New York, to wit:' Town Clerk Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Notice of Amendment to Town Code - Amendment No. 120 - By changing from "A" Residential and Agricultural District to "C" Light Industrial District property of Elizabeth J. Homan- south side Main Road (NYS Route 25)', Cutchogue, New York. Judith T. Terry Southold Town Clerk Sworn to before me this 5th day of July 19 85 ! //~ Notary Public '( NOTICE OF AMENDMENT TO TOWN ~ODE AMENDMENT NO. 1.20 NOT. ICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town o~ Southold, Suffolk County, New York, held on the 2nd day of July, 1985, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southold". together with the Building Zone Maps forming a part thereof as follows, to wit:' Amendment No. 120 amends the Code of the Town of Southold by changin~ from "A" Residential and Agricultural District to "C" Light Industrial District the property of Elizabeth J. Homan', situated at Cutchogue, New York, and more particularly bounded and described as follows, to wit: BEGINNING at a monument set on the southerly side of Main Road, 20.16 feet' easterly along said line from the northeasterly corner of land now or formerly of George Braun and at the northeasterly corner of land conveyed by Anna Orlowski to said George Braun; running thence along the southerly side of Main Road North 51° 17' East 100'.0 feet to a monument and land of Reynold F. Blum; running thence along the last mentioned land, South 31° 28~ East 165,0 feet to land of James Homan and Elizabeth J. Homart; running thence along the last mentioned land, the following two courses and distances: (1) South 51° 17' 110.0 feet; and (2). North 31° 25' West 165.0 feet to the southerly side of Main Road and the point or place of BEGINNING. DATED: July 2, 1985'. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JULY 11, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times . The Long Island Traveler-Watchman Town Board Members Town. Clerk's Bulletin Board Michael J. Hall, Esq., for Elizabeth J. Homart NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 17_0 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of SouthoJd, Suffolk County, New York, held on the 2nd day of July, 1985, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southoid" together with the Building Zone Maps forming a part thereof as follows, to wit: Amendment. No. 120 amends the. Code of the Town of SouthoJd by changing from "A" Residential and 'Agricultural Distric~ to "C" Light Industrial' District the property of Elizabeth J. Homan, situated at Cutchogue, New York, and 'more particularly bounded and described as follows, to wit:' BEGINNING at a monument set on the southerly side of Main Road, 20.16 feet easterly along said' line from the northeasterly corner of land now or formerly of George Braun and at the .northeasterly corner of land conveyed by Anna Orlowski to said'George Braun; running thence a~ong the southerly side of Main Road North 51.0 17' East 100'.0 feet to a monument and land of Reynold F. Blum; running thence along the last mentioned land, South 31° 28' East 165.0 feet to land of James Homart and Elizabeth J~ Homart; running thence along the last mentioned land, the following two courses and distances: , (1) South 51° 17' 110.0 feet; and (2) North 31° 25' West ·165.0 feet to the southerly side of Main·Road and the point or place of BEGINNINC. ' DATED: July 2, 1985.. JUDITH T, TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JULY 31, 198~, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ~UD,T.. T. TERRY, TOWN CLERK, TOWN HALL, MAiN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The .Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin' Board Michael J. Hail, Esq., for Elizabeth J. Homart NOTICE OF ~ENDMENT TO TOWN CODE AMENDMENT NO. 120 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 2nd day of July, 198'5, the Town Board enacted the following amendment to the Town Code entitled "Code of the Town of Southoid" together with the Building Zone Maps forming a part thereof as follows, to wit: Amendment No. 120 amends the. Code of the Town of Southold by changing from "A" Residential· and Agricultural Districl~ to '"C" Light lndustria!' District the property of Elizabeth J. Homan, situated at Cutchogue, New York, and more particularly bounded and described as follows, to wit: BEGINNING at a monument set on the southerly side of Main Road, 20.16 feet easterly along said line from the northeasterly corner of land now or formerly of George Braun and at the northeasterly corner of land conveyed by Anna Orlowski to said· George Braun; running thence along the southerly side of Main Road North 51° 17' East 1·00.0 feet to a monument and land of Reynold F. Blum; running thence along the last mentioned land, South 31° 28' East 165.0 feet to land of James Homan and Elizabeth J. Homan; running thence along the last mentioned land, the following two courses and distances: (1) South 51° 17' 110.0 feet; and (2) North 31° 25' West 165.0 feet to the southerly side of Main· Road and the point or place of BEGINNING.' DATED; July 2, 1985:. JUDITH T. ~TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JULY 11, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALLe MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town. Clerk's Bulletin Board Michael J. Hall, Esq., for Elizabeth J. Homan PUBLIC' HEARING SOUTHOLD TOWN BOARD JUNE. 4, 1985 8:00 P,M. IN THE MATTER OF THE PETITION OF ELIZABETH J. HOMAN FOR A CHANGE OF ZONE FROM ['A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "C" LIGHT INDUSTRIAL DISTRICT ON CERTAIN PROPERTY AT CUTCHOGUE, NEW YORK. Present Supervisor Francis J. Murphy Councilman Joseph L. Townsend,· Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a public hearing on a proposal of Elizabeth J. Homart to amend the Building Zone Code, Town of Southoid, by changing from "A" Residential· and Agricultural District to "C" Light Industrial District, a certain parcel at Cut~:hogue. The legal notice to read by Joe Townsend. COUNCILMAN TOWNSEND: "Notice of Hearing on Proposal to Amend the Zoning Code and Maps. Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk ·County, New York, a public hearing will· be held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York in said Town at 8:00 P.M., Tuesday, June 4, 1985, on the proposal of Elizabeth J. Homan to amend the Building Zone Code (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "C" Liglht Industrial District ALL that certain plot, piece or parcel of land, with the buildings and imProvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument set on' the southerly side of Main Road, 20.16 feet easterly along said .line from the northeasterly corner of land now or formerly of George Braud and at the northeasterly, corner of land conveyed by Anna Orlowski to said'George Braun; .running.~hence.along~:the southerly side of Main Road North 51° 17~ Est 110.,0 feet to a monument and land of Reynold F. Blum; running thence along the last mentioned land, South 31° 28' East :165.0 ·feet 'to land of·James Homan and Elizabeth J. Homan; running thence along the last mentioned land, the following two courses and distances: (1) South 51° 17' !10.'0 feet; and (2) North 31° 25' West 165.0 feet to the southerly side of Main· Road and the point or place of BEGINNINCL . Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: April 23, 1985. Judith T.. Terry, Southold Town Clerk." We have proof of publication from The Long ·Island Traveler-Watchman and from The Suffolk Times. We have notice that it 'was posted on the Town Clerk's Bulletin·Board by Judith TeCry, Town Clerk. We have a recommendation from the Southold Town Planning Board: "Resolved that the Southold Town Planning Board recommend to the Town· Board that the change of·zone for' Elizabeth J. Homan from "A" Residential and Agricultural District to "C" Light Industrial District on the southerly side of Main Road, Cutchogue, be Page 2- Public'Hearing '~,.~lizabeth J. Homan approved. Please note, the. Chairman refrained from any discussion of this proposal.". Signed by Diane M. Schultze, Secretary. We have a letter from the Suffolk County Department of Planning wherein' they .make the following comments: "Premises and adjoining industrial zoned land of petitioner should be developed'joint.ly and encumbered for wholesale/retail 'seafood business purposes only with a zoning reverter to "B-l" 'Business upon ~essation of said business .activities." That's signed by Lee E. K0ppelman, Director of Planning. SUPERVISOR 'MURPHY: Thank you, Joe. You've heard the official reading. Now, is there anyone here who is 'representing the applicant? MICHAEL J. HALL, ESQ.: Good evening,.Supervis0r Murphy. and the members of the Board. I~m here tonight representing the applicant, Elizabeth Homanf .but rather than address the Board tonight, /'.m.going to ~et someone with a lot more personal knowledge of the site address the Board, and that is Mr~ James Homan. He's here now. JAMES HOMAN, Cutchogue: Mr. Supervisor and' members of the Town Board. My name is i James Homan and I am appearing for the applicant, Elizabeth J. Homan, my wife. We jointly owned the property under di.scussion this evening, as well as the adjoining property. This 'property is a small,parcel .100 feet wide and 165 feet deep, a total of approximately 18,0'00 'square feet. It is bounded on the west and north side by the property on which'the George Braun Oyster Comp~ny, Inc. is 'located. It migl~t be said that this is a request for an enlargement of an existing zone, rather than a zo'ne change, per se. On the adjoining property is~located or sited the business known as George Braun Oyster Company, a seafood business established in 1928 and one which the applicants have been directly, connected wish since 1949. This business is and has been a major receiver and distributor of fish and in' particular shellfish from the local area and the local baymen. Braun Oyster Company 'has had a traffic problem which it has tried to control by designating in' and out driveways. The out driveway properly marked has had an attraction for a small but nevertheless significant number of people who wish to .go in the outs . This driveway has a blind area and the si.tuation has created .serious iincidents. To further compound She problem, commercial vehicles of any size' cannot physically 'go out the out driveway, but rather have to go out the in~ In an attempt to alleviate .this problem, the appli,cants ha~e widened, at its. entrance, the .east or main'driveway~ to a width of 30 feet, .which has helped a great deal. However~ at its south end it is'still'the old narrow passage and it .is vi.rtually !mpossible to, change unless we use a small portion of the,~ property under consideration this evening. Thi,.s driveway, when widened~ will' become the main'entrance and exit for Braun Oyster Company. The appli,cants recognize' that there have 'been Zone .change requests in this area and for th~ benefit 'of the public'and the .public'on~y I would like ~o remark 'that every zo'ne change request be judged on the~merits of that request only, and have no consideration ~r bearing on anything.past ,or pending. For this reason I would like to point 'out that this request has little similarit~ to those in the past, to wit:' other requests have been. for large areas, Ithis'is for approximately a thir~l of an · acre. Other requests have bounded no lille zo~ne. This 'request bounds a I~ke zo~ne on two sides and is'common to the' Main'R~ad on a third.. Other requests may have~ added more traffic'to an already congested area. This request would make .safer the. public ,access to an old established business rather than the creation of a new business. In, granting this request it 'should be recognized that the applicant will' benefit 'by having a more workable parcel. In granting this request it should be recognized that the public will' benefit .'by having safer access and egress to the main ', highway~ and that the applicant~ public~'and ,community will b~nefit by having the character of-~the area maintained as it'lis now, eviden~ by the existing sitei~ngs of the buildings on both parcels. The present use of the structures will be 'continued~ Page 3- Public Hearing ..... 'Elizabeth J. Homan ..... the.dwelling, on, the property/ in'question housing--the intent to house Braun Oyster Company employees, thus giving relief to..not.~only the housing problem, but adding a measure of security for the business. Cutchogue is a good community for people to live and grow in and it should be no less a community for a good established · business to exist and grow in.. Thank you. SUPERVISOR MURPHY: Thank you, Jim'. Is there anyone else here who would like to speak in' favor of the applicant? (No response.) Anyone like to speak in' opposition to the applicant? Ruth?. RUTH OLIVA, President, North Fork Environmental Council:' On behalf of the' Board of Directors of the North Fork Environmental Council we would oppose this change of zone for these reasons: first of al! the Town Board has denied the change of zone in'this area several times. Number two, the traffic problem in this area is'severe and I don't .think it 'should be added to; Numbe~'. three, we do not feel that it serves the best interest of Southold ToWn to have another piece of zoned "C" Industrial in this area. It should stay Agricultural and Residential. Thank you.- SUPERVISOR MURPHY: Thank you. Is there anyone else here who would like to speak in'oppositiOn to? (No response.) Is there anyone here would like to make any comments at all? Jim? MR. HOMAN: Frank,' if'l' may in relation to' Mrs. Oliva's remarks. The remarks' of Mrs. Oliva's .are not well taken by the applicant~with respect to this'application;.-~, i believe that Mrs. Oliva speaks for her own opinion .and not at.the.direction of the membership and/or the Governing Board of the North Fork Environmental Council. Prior to this hearing I instructed the tenants of the property: in question and Braun Oyster Company personnel to expect a visit from a representative of the North Fork Environmental Council and to extend to them every, courtesy that that person should have' and also to explain and show them the exis[ing problems and the intended solution to them. To' my knowledge no representative .from this'group has' made a physical survey of this ProPerty or visited Braun Oyster Company to inform them- selves. As stated before., zone change requests must be judged alone on its own merits and must not be given any consideration or respect to anything past or pending. If my statements or. assumptions are correct, Mrs.. Oliva has done a disservice to the North Fork Environmental Council and its members. She has also dOne a disservice to the Town Board, not to mention the applicant. I do not believe Mrs. Oliva. has or can produce, this'evening; any work papers, or notes pertaining to this application and this application alone. If my statements and belief are incorrect, then I have done a disservice:tolthis lady and the organization of which I am a member and a Charter Member. and I Will and do publicly apologize'. SUPERVISOR MURPHY: Thank you. Is there anyone else? Ruth? MRS. OLiVA: l'm sorry that Mr. Homan feels that I do not represent the Board of Directors~ .but we just had a meeting last i:q'uesday and I have been directed to oppose this'change of zone... Number two, we were never invit.ad, .to my knowledge, i have never received an invitation to be 'personally shown, or any member of my Board of Directors to be personally shown the property. I am down at Key Food, I am familiar with' the property and I take exception to Mr. Homan's remarks. SUPERVISOR MURPHY: Thank you. MR. HOMAN: Frank, if'l may, [ do not wish to. continue this all evening, but I don't think When anybody is.speaking.on anything as 'important as a zone- change or any.other matter of this nature, in'this Town and under and 'auspice of a great Page ·4- Public Hearing·- ~ ~zabeth J. Homan .~· ,group like the North Fork Environmental Council is; I 'don't think it has to be ' invited, I think it's their duty if ·they're going to speak, to make sure that they · have the facts together. Thank you. ~SUPERVISOR MURPHY: Thank you. Is there anyone else would like to make any comment at all? Any members of the Town Board like to ask any questions? Jay? (No.) ' Joe? iCOUNClLMAN TOWNSEND: Yes. You say that the main purpose of this is 'for traffic· ~,'~i~culation and you also say that it's bounded on two sides by the existing zone. Do ~you have any plans to extend the processing capacitieS? I know it's not relevant in "~, }the long run, but in your present--- ;iJM'R. HOMAN: In my present, ·capacity we are processing very little, however, the ~i ! ii~ature of the seafood business is that we do not know tomorrow 'wlhat tomorrow will· .':[!brmg and the day after and so on and so forth. We have had a disasterous scallop ~ Fine, we don't· do too much with scallops, but who knows, there may be a of oysters, there may be a lot of scallops and hopefully a lot of clams or something around. In the seafood·· business we have to bend, especially when doing business ith the local production. We have to bend with the vastitudes and whatever of the and then with the production. At this ·point in' time do I intend to expend )rocessing? No, I do not. However, if the bottom of the Bay :out there would be I: with oysters· two years from now, yes:~ I Certainly Would want to take· advantage ~"~ it, yes. Where [ am the only--the only--~'ecognized by the DEC and the FDA plant ", i:n this whole State ot~ New York, that I know: of, ·that processed opened oysters last ~'iii ar. Now, a lot of you people aren't too ydung, you're not too old, Maybe you r the days of Greenport when the oyster industry--the'imported thousands · ',i:~. people. Blue Point· Oyster Company alone' had over 1~,0 openers and here you ,,,i.!..,:;i/litave?!!~~i~ioii!i!~~ili~iyi!~ii!~nf~i~i~~i~~~~;~iol~sdr~one shop with two openers last year working part-time producmg and it was ~'.~ii~s going to--our Baymen--who are they going to sell this product to? i don't know "'i~f that answer's your 'quesl~i0n or not, Joe. :.i ,? COUNCILMAN TOWNS·END: Yes. '~'~: ,SUPERVISOR MURPHY: Jim; ! would like to ask One ·question. On the access--making it safer, why i.S 'it "important to change·the zone of the property for a driveway? MR. HOMAN: Frank, you're a Supervisor.. if you tell me it's ali right to use a piece of property for one purpose, other than it's ·zoned, then I withdraw my application,.; SUPERVISOR MURPHY: Would a driveway--Bob, 'would a driveway· constitUte a · violation of the zoning of the property? TOWN ATTORNEY TASKER: Normally the access has to be the same zone of the property ·where the business is 'being operated. SUPERVISOR MURPHy: 'But it never--why is 'it necessary· now? You operated the business-~--. . MR. HOMAN: i've operated the business for a long tii~e, Frank.· SUPERVISOR MURPHY: Yes, I know, and a very good business. Page 5 - Public'Hearing -~:,izabeth J. Homan MR. HOMAN: And it has some blind areas. I feel very concerned about the traffic' areas and the problem and the .purpose of this zone change tonight is 'to---l..can't alleviate the traffic 'in the area. The traffic:is'there, but at least the people who wish to do business with me, I'd'like' to' make their access and egress a little bit sate and i think I can do 'this by making this one wide 30 foot.driveway.. Now that's wider than the entrance to Key Food is~ SUPERVISOR MURPHY: I commend you, Jim~ for spending money to make it safe. MR. HOMAN: Now, if'you as Supervisor'can tell me that I..can do this, go 'on the other property, which I already own, it's not under, consideration for sale, I already own this property, well, fine then I withdraw the zo'ne change. SUPERVISOR MURPHY: I '.don~.t see why you couldn't use it. Maybe we'd .have to talk to the Town Attorney. MR. HOMAN: I don't think so. I'm.just saying it.' SUPERVISOR MURPHY: Yes, okay. Thank you. Is there anyone e|se would like to make a. comment? (No response.) If not l"d like to close this hearing. Judith T.. Terry Southo]d Town Cler'-~ · NOTICE OF I--IEARII~ G.ON · :::,:, PROpO:SA~.~AMEND THE '!::.. . ~rsuant to' Section 265 .of Ihe'l'own Law and require- ments at the Zoning Code of .:~. the Town of Sourhold, Stffiblk Coumy., New York, a '~blie hearing wili he held by the Sohrhold '1'o~.6 Board at the Sombold Town Hall," Main Road, Somhold, Ne~ York, in saki Town at 8:00 P.M., Tnesda), Jnne 4. ~985. on Ihe propusal of El~ztibelh J. Ho- man to amend thc Building Zone 'Codu (Including thc Buikling Zone Maps) of Town of Somhold, Suffolk Cuunty, N~ Yurk, by chang- ing from "A" Residential and Agricultural Dis~ric~ m "C- Lighz Industrial District ALL dmt cemai~ plot. piece or parcel or land, with the buildings anti impmvem~ms thereon erected, situate, lying and being at Cutchogue, Town of S~utbold. Suflblk County; New York, bounded and de- scribed as follows: NING al a monam'ent set on the southerly side of Main Road. 20.16 feet easterly along said linc from the nofitheasmr- ly corner of land now or Emnerly uf Geurge Braun and al tire northeasterly corner of land Conveyed by Anna. Orlow- ski t~ ~aid George Braun; rannh~g thence along the southeHy sid6 of Main Road Nc, t~h ~1~ 17' East ti0.0 feet to a ~11ontlntellt and land of Reynold F.. Blum; running thence along d~c last men- tioned land. Somh 31 ~ 28' Eas~ 165.0 fee~ m land of James Homan and Elizabeth J. Ho- nlal]: runnhlg thence along the last [nemioncd land. the fol- lowing ]wo COtlrses and dis- ~ances: {I)'Soulh 51c 17' 110~0 fi:et: and ~2) North 31° 25' West 165.0 feet to the souther- ly side of Maih Road and poim or place of BE(;I~NING. Any person desiring Id be heard an the 'above proposed an~e,dme,t sbodld appear thc time and place above so specified. DATED: April 23, 198~. J UI)ITH 'r. TERRY SOUTHOI.D ToWN CLERK IT.5/16/85(20) COUNTY OF SUFFOLK SS ' STATE OF NEW YORK Patricia .Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; a0d that the notice of which the annexed iS a printed copy, has been published in said L~ong Island Traveler-Watchman once each week for ................... ./. ...... weeks successively, commencing on the ........................ day of ....... ~ ./~..C~ ....... 19. Sworn to before me this .... ' .... . . . ./(.~..~.~... day of ....... ~.'.~ ......... , 19 . .~..2~. Notary Public BARBARA FORBES Notal~ Public, St~e of New York No. ~068~6 Qualified in Su~o~ Comity ~mmi~sion ~pires ~eh ~, 19~ LEGAL NOT~CE ON PROPOS~ TO A~ND · T~ ZO~NG CODE· ~ P~suang to Se~ion 265 ef the TOwn Law and requ~ements of the Zoning Code .of ~he To~ 0f ~uthold~ Suffo~ County, 'New York, a public ~e~ng will held by the ~uthold T~ Board at ~he Sauthold To~ ~11, M~n . R~ad, Southold N~ York, in sa~ ~e~ at 8:00 P.M., ~esday, June 4~ ~985, EHzabeth j. Hemmq ~0 amend ihe B~lding Z~ne C~e (including the-Building Zbne Maps) of the To~ of Southold, S~olk County, New York, by changing I~ustrial District ALL ~at ~v- miffplot, piece or p~l'of land, ~ the b~ld~gs ~d improve- m~nts thereon erected, sit,ate, lying and being at Cutchogue, Town of Southold, Suffolk Comity, New York, bounded and d~scribed as follows~ BEGIN- NING at a monument set on the southerly side of Main Road, 20~i6 feet easterly along said line from the northeasterly corner of land ~onveyed by Anna Orlowski to said George Braun; running · thence along the southerly sideif. of Main Road Ndr~h 51° 17' 116.° feet to a monument and~! land of Reynold F. Blum; ning thence along the last men-:i' · .... tioned land, South 31° 28' East! STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~of Greenport, in said County, being .duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME8, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the 16 day of ~a:7 --------- ---______ Principal Clerk Sworn to before me this____3_6_ . '... / ~ · ~ ~ .Z} N~PUB[IC, State 0f 'New York /~ v ,' -~ Y~Ex~es March 30 1~/ H~an ~d Eliza~th ~. ~o~;~~' STATE OF NEW YORK: ' SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being lduly sworn, says that she is over the age of twenty-one years; that ~n the .26th day of ApNI" ·1985. , she affixed a notice of whilch the annexed printed notice is'a true copy, in a proper and substantlal manner, in a most public pi.ace in' the Town of Southold, Suffolk Coun:y; New York, to Wit:' Town 'Jerk Bulletin· Board, Southold Town Hall, Main Road, Southold, N~w York 11971. · Legal Notice I- Notice of Public Hearing on petition for a Change of ,Zone from "~" to 'C" by Elizabeth J. Homan, Cutcho.gue. 8:00 P.M. Tuesday; Jui~ 4, 1985, Southold Town Hall. Judith T. Terry ~ Southold Town Clerk Sworn to before me this· 26th day ;f April· · 19 85 .~ ~ J N~t;ry Public ~- ! LEGAL NOTICE ' NOTICE OF HEARING ON PROPOSAL TO ~,AMEND:THE ZONING 'CODE .AND MAPS Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing. will be held bY the Southold Town Board at the Southold Town Hall, Main Road, Southo'l,ld, New York, in'said Town at 8~'00 P.M., Tuesday, June 4, 1985, on the ~rOposal of Elizabeth J., Homart to amend the Building Zone Code {includin§ th& Building Zone Maps) Of the Town of Southold, Suffolk County, New York, bY changing from "A" Residential' and AgricuP~ural District to "C" Light Industri~al' District ALL that certain plot, piece or parcel of ~and, with the buildings and 'improvements-thereon erected, situate, lying and being at Cutchogue, Tdwn of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Main Road, 20.'1,16 feet easterly along said line from the northeasterly corner of land now or ~, formerly of George Braun and at the northeasterly corner of land conveyed Dy Anna Orlowski to said George Braun; running thence a~ong the southerly s~de of Main Road North 51° 17' East 110.0 feet to a monument and land of Reynold F. Blum; running thence along the last mentioned land, South 31° 28' E~st~, 165.0 feet to land of James Homan and Elizabeth J. Homan; running thence Blong the last mentioned land, the followin§ two courses and distances: (1') South 51° 17' 110.0 feet; and (2) North 31° 25~ West 165.0 feet to the southerly 'l, side of Main'Road and the point or place of BEGINNING. Any personI, desiring to be heard on the above proposed amendment should appear at the tinge and place above so specified. DATED: April 2~, 1985. PLEASE PUIgl Iq~4 JUDITH T. TERRY SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND THE ZONING CODE AND MAPS Road, Southold, New York, in:said Town at 8:'00 P.M., Tuesday, June 4, 1985, on the proposal of Elizabeth J. Homan to amend the Building Zone Code (including the ', Building . Zone Maps) of the Town of Southo]d, Suffolk County, New York, by ,changing from "A" Residential and Agricultural District to "C" Light Industrial' District ALL that certain:plot, piece or parcel of land, with the buildings al]d improvements thereon erected, situate, lying and being at Cutchogue, ToWn of Southold, Suffolk County, New York, bounded' and and land of Reynold F. Blum; running thence along the last mentioned land, South 31© 28' EaSt 165.0 feet to land of James Homan and Elizabeth J. Homart; running thence a[',ong the last mentioned land, the following two courses and disl~ances: (1') South 51° 17' 110.0 feet; and {2) North 31° 25~ West 165.0 feet; to the southerly s'~,ide of Main' Road and the point or place of BEGINNING. Any person desiring to be heard on the above proposed amendment shouldI appear at the time':~, and place above so specified. described as follows: BEGINNING at a monument set on the southerly side of Main' Road, 20.'1'6 feet easterly along said' line from the northeasterly corner · :: of land now or formerly of George Braun and at the northeasterly corner of land conveyed by Anna Orlowski ~o said'George Braun; running thence along the southerly side of Main Road North 51~ 17' East 110.0 feet to a monument DATED: April 23,'i 1985'. JUDITH T. TERRY SOUTHOLD TOWN CLERK .. PLEASE PUBLISH Ol~C'~ ~," .... Pursuant to Section 265 of the Town Law and requir'ements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held b'y the Southold Town Board at the Southold Town Hall, Main' LEGAL NOTICE NOTICE Of HEARING ON PROPOSAL TO AMEND'THE ZONING CODE AND MAPS Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will' be held by the Southold Town Board at the Southold Town Hall, Main' Road, Southold, New York, in'said Town at 8!00 P.M., Tuesday, June 4, 1985, on the proposal of Elizabeth J. Homan to amend the Building Zone Code {inc]udlng the Building Zone Maps) of the Town of $outhold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "C" Light Industrial District ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York,. bounded and described as follows: BEGINNING at a monument set on the southerly side of Main=Road, 20.16 feet easterly along said~line from the northeasterly corner of land now or formerly of George Braun and at the northeasterly corner of land conveyed by Anna Orlowski ~o said:George Braun; running thence along the southerly side of Main Road North 518 17' East 110.0 feet to a monument and land of Reynold F. Blum; running thence along the last mentioned land, South 31© 28' East 165.0 feet to land of James Homan and :Elizabeth J. Homan; running thence along the last' mentioned land, the following two courses and distances: (1') South 51° 17' 110.0 feet; and (2) North 31° 25' West 165'.0 feet to the southerly side of Main' Road and the point or place of BEGINNING. i Any person desiring to be heard on the above proposed amendment should! appear at the time and place above so specified.' DATED: April 23, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK JUDITH 1. TERRY TOWN CLERK REG~S'IRAR O[' VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT 'ON THE ENVIRONMENT Dated: April ·23·, .19'85' Pursuant to Article 8 Of the Environmental Conservation Law State Environ- mental Quality Review and. 6NYCRR Part 617, Section' 617.1.0 and Clhapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead .agency .for the action described bel.ow, has determined that the project will not have a significant effect on the environment. DESCRIPTION OF THE ACTION Petition of Elizabeth J. Homan for a Change of Zone from "A" Residential' and Agricultural District to "C" Light Industrial Districtlon certain'property located on the southerly side'of Main'Road (Route 25')', 415.42 feet east of StillWater Avenue, Cutchogue, New York. The project has been determined not to have a significant effect on the environment because a Draft Environmental 'Impact Statement has been submitted, a public hearing has been held on said on the 9th day of April, 1985, and it 'is indicated that no significant adverse effect to the environment is likely to occur should the project be imPlemented as planned. Further information can be obtained by contacting Mrs. Judith .T. Terry, Southold Town Clerk, Town Hall, Main' Road, Southold, New York. 1~971. Copies to: Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC, Albany Southoid Town Building Department Southold Town Planning Board · Town Clerk's Bulletin. Board Suffolk County Department of Planning Suffolk County Department of Health Services Michael J. Hall, Esq., for Elizabeth J. Homan PUBLIC HEARING SOUTHOLD TOWN BOARD APRIL 9, 1985 8:00 P.M. IN THE MATTER OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT OF ELIZABETH J. HOMAN CONCERNING HER PETITION FOR A CHANGE OF ZONE. Present: Supervisor Francis 'J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a hearing concerning a Draft EnvirOnmental Impact Statement on a proposed change of zohe in C:ut(~hogue to be.read by Councilman Schondebare. COUNCILMAN SCHONDEBARE: "Notice is 'hereby given that the Town Board of the Town of Southold will hold a public hearing at 8:00 'P.M., Tuesday, April '9, .1985, at the Southold Town Hall, Main~Road, Southold, New York, on the Draft Environmental Impact Statement submitted by Elizabeth J. Homan, Cutchogue, New York, in'connection with her petition for a Change of Zone from "A" Residential' and Agricultural Distric[ to "C" Light Industrial District on certain:property located on the southerly side of Main Road (Route 25), A15..42 feet east of Stillwater Avenue, Cutchogue, New York. Applicants desires to improve the ingress and egress to adjoining "C" Light Industrial property to provide a safe and more efficient access, as well as providing better access, to the parking lot. Proposed change would also square off the present industrial zo'ned property so the land can be used in a more effici'ent' manner., SEQR lead agency is the Town of Southold. A copy of the Draft Environ~ental Impact Statement is 'on file' in:the Office of' the $outhold Town Clerk, Town Hail, Main Road, Southold, New York, and is available for inspection during regular business hours. Dated: February 26, 1985:, Judith T. Terry, Sou;~hold' Town Clerk." I have an affidavit 'that that notice was .published by The Suffolk Times and also was .published by The Long Island Traveler-Watchman. I have an affidavit from the Town Clerk. that she has posted said'notice on the Town Clerk's .Bulletin Board. I letter from Michael J. Hall and Robert F. Hall, dated March 19, 1985, reference change of zo'ne, Elizabeth .J. Homan, ~o the Town Attorney. "Dear Mr. Tasker: In connection with the above-captioned matter, I am enclosing a copy of deed dated March' 6, 198'5', from. Elizabeth J. Homan to James Homan and Elizabeth J. Homan which was recorded in the 'Suffolk County Clerk's Office on March 11, '1985, in Liber' 9750 page 17.. As soon as I receive the original deed from the Suffolk County Clerk '1 will forward, a copy of same. If'you have any questions, concerning this matter, please do not hesitate to contact i have a letter here from the Town Attorney to Judith Terry, dated March 22nd, .1985'. "Dear Judy: I am enclosing herewith a letter from Michael J. Hall dated March · 19, '1985', with respect to the above matter. Al~o enclosed is a copy of a 'deed from Elizabeth J. Homan to James Homan and Elizabetl~ J. Homart, which, conveys the premises which are the subject of the above app,!ication. The deed was recorded on March 11, '1985., in Liber 9750 at page 17. . Page 2 ~ .Public Hearing ........ Draft: EI.S r Elizabeth J. Homan have a Draft Environmental Statement. That's it. SUPERVISOR MURPHY: Thank you, Jay. We~-ve heard the official: notice, is there anyone here who would like to speak on behalf of this D~a¢t Environmental Impact Statement. MICHAEL J. HALL, 7050 ¥oungs Avenue, Southo/d: Here for Mr'. Homan tonight. FirSt I'd like to thank Mr. Schondebare for reading those letters. I needed the breathing time. I just have a few things I want to say. As you see from the petition, the premises here are--a small parcel, the premises where the zo'ne change is'sought, of 18,$00 square feet. 110 feet wide on the Main:Road and 165 feet deep. The premises have a one-story structure on them, which is a single family dwelling and a detached garage in' the back. The purpose of the apPlication is 'to have the zoning of this parcel, which is :owned 'by Mr. and Mrs. Homan, James and Elizabet:h Homan, match the zo'ning of the parcel that surrounds it on two sides, which is als6 owned by Mr. and Mrs. Homan and which is '"C" Light.'lndustrial.. The purpose of Mr. and Mrs, Homan acquiring title to this.parcel is to enable them to use it 'in conjunction with the .business which is on the adjacent par,Cel of land. Of course you know the business is--that business is the George Braun Oyster Company. George Braun Oyster Company is a very large wholesale/ retail seafood 'business which has been operating at this 'same location since .1928 and Mr. Horn, an himself has been operating the business since -1953 and still does to this' present date. Located in'the Industrial' Zoned parcel, which is'used by the whole- sale/retail seafood business, is 'a large building which contains Braun's seafood freezers, processing area, refrigerators, shelllfist~ storage tanks, as well as the retai:l, store, which probably everybody's familiar with. There's also another building closer to the Main Road which is 'used as the bffice operation for' the sealfood business. The property also has, as you d~ive in and t~ the left, a very large parking area and ,truck maneuvering area for the trucks that come in'and out quite frequently, to get t~ the loading docks at the large building.I The parking lot is :large, the access to it ~is very narrow and that's the purpose oflthis.application tonight. 'Many years ago, ;before my time,' Mr. Homart added the se~nd ingress and egress driveway to help ,t.¥affic tflow in and .out of the seafood 'business. It's great, except i~'S too small'fOr the trucks that come in.and out of there. The problem is any time a large delivery truck, comes in'it has to come out the isame entrance because the trucks can- not ge,t around to the exit~-the egress. So the purpose of this :zo'~.e, change would be to enable to enlarge his ingress and egress area to at least 30 feet and let a large delive~'~ t,ruck flow safely and smoothly in'and .~ut from the business and let any other ~[~eople come in and. out safely witl~out any, conflic~ within'the property. I'm almoSt'.',finished. The driveway, of course, is 'fine if you drive a Honda, but it's no gobd, for .a seafood truck and Mr. and Mrs. Homan felt that the present driveway is just not adequate, so as I saidj the main'pubpose of this .application to enable Mr,. Homan, because the parcel will be zoned the same way, to increase the width of the .access drive and allow' more maneuvering if or trucks and additional parking. A few more things. The oyster, comp,any, the George Braun Oyster Company, is 'a very s~.ccessful, as you know, Wholesale]retail 'seafood .business and is a principle · suPplier of seafood on the whole east end. -M:gny baymen and fishermen within the Town of ~0utho]d rely on the company of George Braun to purchase their, catch when it, comes in. lt"s one of the larger purchasers. The application will allow Mr. and Mrs. Homan to enhance their'existing .business. It should be kept in'mind--i hope y~ realize~, that the Change of Zone will n~t result in' increase in Homan's business. There!s .no intention at this point to do anything witl~ the present building that's on. the premises. The one thing it 'will ',accomplish though is 'to make Page 3- Public Hearing .~.' , ,. Draft ElS - Elizabeth J. Homan ingress and egress safer and will'probably enhance the traffic situation on the Main~ Road, although the George Braun Oyster Company is not one of the sources of that problem. In effect they 'purchased this"piece not to expand or enlarge their exisl~ing business, but to enhance and' make more attractive what's already there. I just request that the Town Board grant James and Elizabeth Homan their' application for a change of zo'ne from "A" Res and Agricultural to "C" Light Industrial. If any members of the Board have any 'questions, Mr. Homan~s here tonight. 'Mr. Townsend. COUNCILMAN TOWNSEND: Mike, the 'subject of the hearing is'the Draft Environmental Impact.~Statement and I 'guess we're going to have a hearing on the. change later, and you .submitted the Draft Environmental Ire'pact Stat'em~n~ that we have here--was one that we have seen before and it's to adjacent---. MR. HALL: Right, on a larger application. COUNCILMAN TOWNSEND: i--on adjacent propertieS, and '~ was. just wondering, is the' property in'question included on this one? In other words, the names of owners of these--r-. MR. HALL: Yes, it :is~ TOWN CLERK TERRY: Victoria.' COUNCILMAN TOWNSEND: Oh, Vic1~oria, okay. But thatimpact statement addressed itself to a change request from "A"' Residential' to ?~B-I" General Business. MR. HALL: Right. COUNCILMAN TOWNSEND: First of all I Was wondering if you wanted to comment specifically on the Impact Statement, which is 'the subject of the hearing, and secondly if you wanted to comment on the differences between--put in' the record the difference between the requirements for "B" and the requirements for "C"? MR. HALL: Right. Joe, the reason for the change to "C" is:to conform the whole parcel .or square it off as a "C". To address the Impact' Statement, that was, Of course, part of a larger application which ! wasn't a part of, 'but it does address the fact that there is:a traffic'problem in'that area of Route 25. Homan's been there for a long, long time and the purpose bf this is~ as I said!in'my speel, is' to kind of clear it out, to make room so that, J cars. can go in and ,out of there · smoothly and cleanly and avoid'any potential'Jtraffic problems. Does that answer your question? COUNCILMAN SCHONDEBARE: I'm,confused. Was this parcel originally part :of the Dalchet applicationi~. COUNCILMAN TOWNSEND: Yes, Nancy Glover Vicl~oria: MR. HALL: if I'm a little Off base it's because I've got a 103 fever tonight. I'm not 1'00~ tonight. I guess i'm 103%. SUPERVISOR MURPHY: Anyone else have any questions of Michael? (No response.) Thank you, Mike. , ,Page 4- Public'Hearing'., Draft ElS : Elizabeth. J. Homan MR. HALL: Thank you very much. SUPERVISOR MURPHY; Okay, is there anyone else would like to speak on behalf of this Environmental Impact Statement concerning the proposed zone, change? (No response.) Anyone like' to speak in'oppositiOn? MRS. RUTH OLIVA, President, North Fork' Environmental Council:' We would like to oppose this Draft Environmental 'Impact Statement for the same reasons that we opposed the Dalchet Draft Environmenta~ 'impact Statement, mainly that the traffic problem is 'horrendous, and number tWO, we do not think that this :is 'a proper use of the property. Thank you. SUPERVISOR' MURPHY: Thank you. Is there anyone else would like to speak in opposition to? .[No response.) is there anyone would like to speak at' all, concerning this application? '(No response.) If not I will'close this hearing. · Judith T. Terry ~" SoUt'hold Town Clerk' ROBERT W. TASI(ER Town Attorney t,iA 2 5 I985 OFFICE OF TOWN ATTORNEY 'I'OWN OF SOUTIIOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 March 22, 1985' TELEPHONE (516) 47%1400 Hon. Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 711971 'Re: Homan Change of Zone Application Dear Judy: I am enclosing' herewith a letter from Michael J. Hall dated March 19, 1985./ with respect to the above matter. Also enclosed is a copy of a deed from Elizabeth J. Homan to James Homan and Elizabeth J. Homan, which conveys the premises which are the subject of the above application. The deed was recorded on March 11, 1985,' in Libe,- 9750 at page 17. Yours very truly; ROBERT W, TASKER RWT :aa enc, March i!9, 1985 '~' Robert W. Tasker, Esq. ,t 425 Main Street ;~ iii. · Greenport, New York 11944,' ' . : -Dear Mr- 'Tasker: . In connection with the above-camtioned matter,..i am en~loslng a copy 'of deed dated Marc~ 6, 1985, from- Elzzabeth j. Homan to Jame whlch was record¢~ { .... ~ ~oman and Eli ~h~.~ ~ ' ' on March 11 ~oo~~ t~ un~ SUffolk Coughs.. ~7-~ ~-~Homan · -¢o~, in Liber 9750 Page ~¢.~zerK s Office As soon as I receive the original[deed from the Suffolk ~County Clerk Z will forward a CODy Of sane. If you-have any 'questions concernin~ this matter~'please do not hesitate to contact we. Very trul~u~s ,. MJH:el Enclosure ii ~.. 4'. : ¢.;!;. ii~ ,. ~;" ;i':'." ' '"' :I ~ '" ' ,i',' .....,: ·..( : ..'i. .?.:,i., . ;. · ':..: ;iii..~ ,.~ 'ii .' . ( $. NO CC~SID-. NO N.Y.S. TRANSFER STAMPS N.¥.B.T.U. Form 8002' 2/( ~ --Bur~;ntn trod Sttle Deed, wRh Covenaut agitlust Orec'~' ~s Acttt--lndlvidual or Corporation. (.iuglu she. L) YOUR LAWYER BFX. O~ SIGNING THIS INSTRUMENT--THIS INSTRUM~*~' SHQUL~ BIS USED BY I~WYERS ONLY. TH~D~NT~~ ~e 6th ~yof 'March %ETWE~N ELIZABETH J. HOMAN, residing at ew York, ,ninc~cnhundr~,amt eighty-five (No 9) Main Road, Cutchogue, pa~ of the £ret pa~, a~d JAMES 'HOMAN and ELIZABETH J. HOMANL his wife, both residing at (No %i Main Road, Cutchogue, New York party of ~e second par't, %%~i~ that t~ pa~y of ~e fi~t ~, in consider~on of Ten DolOrs and other v~uable ~i~rafion the pm'ty of ~e se~nd ~R, d~s her~y gmat and releag unto ~e ~ny o£ t~ second ~, t~ heirs or su~rs ~d ~gns ot t~ ~rty of the second part fogver, AIL thai ~rmin plot, piec~ or p~cd of laa~ ~th the b~ldi~s and ~provemen~ !~oa ~ected, sit~ ~ing~ndbei~ at Cutchogue, Town of .Southold, Suffolk County, New Y~rk, bounded and described as follows: ~EGINNING at a monument set on the southerly line of Main Road, where the easterly side of land of J. Homart intersects the southerly side of Main Road; running thence along the southerly line of said Main Road, North 51" 17' East, 110.0 feet to a monu- ment; thence along land now or formerly of Peconic Bay Vineyards, Inc., 'South 31° 28' East, 165.0 feet; thence along land now or formerly of J. Homan, the following two (2) courses and distances: (1) South 51° 17' West, 110.0 feet; (2) North 31~ 28' West, 165.0 feet to the southerly side of Main Road, the point of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed to the party of the first part by deed dated Janua~] 17, 1985 and recorded in Liber 9720 page 293 on January 23, 1985. TAX M~kP DFSIGNATION !Dst. 1000 s,,,:. 103.00 mk. 01.00 Lo, b~: 001.00( TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted ~nto the patty of the second part, the heirs or successors sad assigns of the party td the second part forever. AND the party of the first part covenants that the party of the first'part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except aa aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o[ the first part'will receive the consideration for this conveyance and will hold the rig'nt to receive such consid- eration as · trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the ~ame first to the payment qf.the, cost of the improvement before using any part of the total of the same [or any other purpose. The word "party, shali be construed a~ if it read "parties" whenever the sense of this indenture so requires. IN.WITNESS WHEREOF~ tl~ p~ty of the first part has duly executed this deed the day and year first above written. '. : ' .' .' ' ~.l~abeth J.' uoman "NOTICE Ii HEREBY GIV- EN that the Tow:~ Board ef thc Town of Somhold wifl hold a public hearing a~ 8:~ P.M., Tuesday. A0ril 9, 1985, at ~he SouthoJd Town H~II, Main Road, 5omhold, New York, on tim Draft Enviro,mcmal im- pact Slatcme~lt submiltcd by ElJzabefl~ .I. ltoman, Cut- cllogJte, New York, ill connec. don wi~h her petition for a Ct'ange ~ Zone from Re.ddenfial and A~icuh'ural Di,ltrict to "C" Lighl lndns- tria, Disu'iet on cerraln proper- ty Io~ated o~ thc somberly xide ~' Main Road (Rome 25). 415.42 feet casl of Sti~lwaler Avenue, ('ut chogt~e, New York. Applicauts desire Improve the .ingress and egress io'adjoiuJng "C" Light IndnslrSal. Pro~rty Io provide a safe and more efficient access, as well as providing belter access lo thc parking lol. Pro~oscd c.hange would also. sqnt.;'t~ off thc present indug~'r:u~. ~tuie'd. 'property ~.hg~'::~,~ ca~'.~ ii~ea i~ a more ~ SEQR I~ad age'ncy is the 'b~i~ nf Soufl~old. A copy of ~e. Draft Environmental Ira- ,el Statement is on file in the ~c~ of the 5ourhold Town '.rk Town Hall. Main Road. ~hold, ~cw Y~tk, and ~ab!e for. in~peeuon durh~g ~ar business h6urs. ED: Feh'~ua~. 2b. JUDITH T. I'ERRY ~.'I'HOt. D I'OWN CLERK 1T-3,.'T.,'~S(4) COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold~ in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each Week for ................. ./. ........ weeks successively, commencing on the -~ ~q' Sworn to before me this ' ' ~ '~ ..................... day of Notary Public BARBARA FORBES Not~ry Public, State ut New York Quarried ~ ~uffolk Cowry IJ,;G .%!, '.'. ....... :'-~ u": 'f.%. ,,..-. NOTICE IS HEP~BY GIVEN th. at the ', .... Town Boa~d of the Town'of 8outhold will hold a public hear- Lng at 8:00 p.m., Tuesday, April 9, 1985, at the Southold Town H~I1, Mm Road, $outheld New . York, on the Draft Environmen: tel Impact Statement submitted by EliT~beth J. Homan, Cuteh- ogue New York in connection w ~ her pet~tmn for a Change.of i,h '' -Zone from "A" Res/dent/al and Agrieu!mral Distr~ct ~o "C'~ I Bight Industrial District on cer- tain propert7 located on ttte ~ southerly, side of Main Read (Rou~e '?.8) 41o.42 feet each of 8t~llwater Avenue, New York. Applicant desiroa to . impr~re the ingress and egre?s , ;;~[?i~r~pe~y to 'p~vide a safe a'nit t~';~djoining "C" Light Initus~iaI '~ ~ m6~e eYlicient access; as well as ; providing better access to ~he parking lot. Proposed change ,.' would also square offthe present ;~' industrial zoned property sO the i Iand can be used in a more SE~R lead agency is the Town of Southold. A copy of the Draft Environmental .Impact State- ment is on file in the Office of ,:. the $outhold Town Clerk, Town Hail, Main Road, Sguthold, New York, and is available for inspec-~ fion during regular business hours, DATED: February 26, 1985 STATE OF NEW YORK ) ~ S8: COUNTY OF SUFFOLK ) ~-NN&~F..E,F~2~. of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has. been regularly published in said Newspaper once each week for O_~E weeks successively, commencing on ,the ___7 -- day of Ha r~'h -- 19__8_5 Principal Clerk Sworn to before me this _ day,f_ March ~ o; AN~ M. ~ATE _~ -.~.~ Pu~[~, S,ate e~ t~J.w 'fork ~UD~H T. TERRY , SO~HOLD TO~ CLERK STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 28th day of February..1985 , she affixed a notice of which the annexed printed notice is'a true copy, in a proper and substantial' manner, in'a most public pi.ace in the Town of Southold, Suffolk County," New York, to wit:' Town Clerk Bulletin' Board, Southold Town Hall, Main' Road, : Southold, New York 11971. Notice of 'Public Hearing on Draft Environmental Impact Statement - Elizabeth J. Homan- 8:00 'P.M., Tuesday, April. 9/ .1985~ Southold Town Hall. Judith T. Terr~;?' Southold Town Clerk Sworn to before me this · 28th day of February 19 85' ~ Notary Public ? LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold wild'hold a public'hearing at 8:00 P.M., Tuesday, April 9, 1985, at the Southold Town Hall, Main Road, Southold, New York, on the Draft Environ- mental Impact Statement submitted by Elizabeth J. Homart, Cutchogue, New York, in connection with her petition for a Change of Zone from "A" Residentia and Agricultural Distl, icl~ to "C" Light Industrial Disl~rict on certain property located on the southerly side of Main'Road (Route 25), 4~5.42 feet east of StillWater Avenue, Cutchogue, New York. Applicants desires to improve the ingress and egress to adjoining "C" Light Industrial ProPerty to provide a safe and more efficient access, as well as providing better access to the parking lot. Proposed change would also square Off the present industrial zoned property so the land can be used in'a more effici'ent manner. SEQR lead agency is the Town of Southold. A copy of the Draft Environmental Impact Statement is on file in the Office of the Sour.hold Town Clerk, Town Hall, Main' Road, Southold, New York, and is available for in§pection during regular business hours. DATED: February 26, :1985" JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 7, .1985', AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Michael J. Hall, Esq. for Elizabeth J. Homan NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will'hold a public'hearing at 8:00 P.M0, Tuesday, April '9, ,1985, at the Southold Town Hall, Main Road, Southold, New, York, on the Draft Environ- mental Impact Statement submitted by Elizabeth J. Homan, Cutchogue, New York, in' connection with her petition for a Change of Zone from "A" Residential and Agricultural Disl~r, icl~ to "C" Light Industrial' District on certain' property located on the southerly side of Main:Road (Route 25), ~15.42 feet east of Stillwater Avenue, Cutcho'gue, New York. Applicants desires to improve the ingress and egress to adjoining ,C" Light Indust.dal Property to provide a safe and more efficient access, as well as providing better access to the parking lot. Proposed change Would also square off the present industrial zo}aed property so the land can be used in a more efficient manner. SEQR lead agency is the Town of Southold. A copy of the Draft :Environmental Impact Statement is 'on file in'the office of the Southold Town , Clerk, Town Hall, Main~Road, Southold, New York, and is available for inspection during regular business hours.. DATED: February 26, 1985: JUDITH T.. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 7, .1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 1.1971. · Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bul[etin'Board Michael J. Hall, Esq. for' Eliz~ibeth J. Homart LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing at 8:00 P.M., Tuesday, April '9, ,1985', at the Southold Town Hall, Main Road, Southold, New York, on the Draft Environ- mental Impact Statement submitted by Elizabeth J. Homart, Cutchogue, New. ~ York, in' connection with her petition for a Change of Zone from "A" Residential and Agricultural District to "C" Light Industrial District o,n certain' property located on the southerly side of Main'Road (Route 25), 415.42 feet east of StiHwater Avenue, Cutchogue, New York, Applicants desires to improve the ingress and egress to adjoining "C" Light Industrial Property to provid~ a safe and more efficient access, as well as providing better access to the parking lot. Proposed change would also square off the present industrial' zoned property so the land can be used in'a more efficient manner. SEQR lead agency is 'the Town of Southold. A copy of the Draft Envi."onmental Impact Statement is 'on tilelOn'the Office of the Southold Town Clerk,' Town Hall, Main'Road, Southold, New York, and is ;available for in§pection during regular business hours. DATED: February 26, .1985~ JUDITH T.. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 7, .1985:, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Michael J. Hall, Esq. for Elizabeth J. Homan JUDITH T. IE RRY TOWN CLERK REGISTRAR OI. VIRAL S'I ,\ I OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197l TELEPHONE (516) 765-1801 NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: Janua.~y 11, '1985. APPLICANT: Elizabeth J. Homart ADDRESS: Haywaters Road Cutchogue, New York 1,1935 PERMIT APPLIED FOR AN APPLICATION NUMBER: Change of Zone from "A" Residential' and Agricultural District to "C" Light Industrial' Oisl~rict. Petition No. 266 PROJECT DESCRIPTION: Improve the ingress and egress to adjoining "C" Light Industrial property to provide a safer and more efficient access, as well as providing better .access to the parking lot; Proposed change would also square off the present industrial' zoned property so the land can be used in'a more efficient manner. PROJECT LOCATION: Southerly side of Main Road (Route 25), 415.42 feet east of Stillwater Avenue, Cutchogue, New York. SEQR DETERMINATIO'N: A Draft Environmental Impact Statement has been prepared o~ this'project and is 'on file'. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The Draft Environmental Impact Statement may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated .below no later than February 11, '1985. CONTACT PERSON: Juditi4 T.. Terry, Town Clerk Town of Southold, Town Hall Main Road, Southold, New York 1.1971 (516) 765-1801 JUDITH T. TERRY TO~ CLERK REGISTRAR Of, VIYAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PLEASE PUBLISH ONCE, JANUARY 17,':1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T.. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 1'1971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Southold Town Planning Board Southold Town Building Department Town Clerk's Bulletin Board Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC', Albany. Suffolk County Department of Planning Suffolk County Department of Health Services Michael J. Hall, Esq~ STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, York, being duly sworn, years; that on the 11th Town Clerk of the Town of Southold, New says that she is over the a!~e of twenty-one day of January :19'85 , she affixed a notice of which the annexed printed notice is'a true. copy, in a proper and substantial manner, in a most public pi.ace in the Town of Southold, Suffolk County, New York, to wit:'. Town Clerk . Bulletin Board, Southold Town Hall, Main Road, Southold, New York .1.1971. Notice. of Receipt of Draft Environmental Impact Statement - Elizabeth J. Homan Change of Zone Petition "A" - "C". 'Judith T. Terry. ~ Southold Town Clerk Sworn to before me this 11th day of January 19 85 Notary Public EUZABETH A~X t~EVILLE ! .qOT~,RY PU~UC, ~ ~ X~ OF DRAFT . iil ENVIRONMENTAL IMPACT ~. · STATEMENT. ,.,¢~' ' ~ Date: January 11~.t985 iF~ APPLICANT: "ADDRESS: Ha:'wa~ers Road Cutchogue..'New York 1 i935 l'EltMrr APl'LIED 1"O1{ A N AP- et' Zone ['mm "A' l~l,si¢lunlial and Agricultur.a~l. District to properly to provide? a satbr arid as p~vidir~g bet~r access ~he l'~~rki~)g let. Propos¢~d ';'.. ~.. '.change would al~o square off .*¢...,.i She present industrial zoned .~.~ iproperty sa the land can be i ;i~ ~' used in a more efficient man- ,~: PROJECT LOCATiON:South_ · : .erly aide 'of Main ROad (Route ~ '!, '25), 415.42 feet ~ast Of Still- %'~ ~water . Avenue,' Cutchogue, · . .New York. .':~ ;.SEQR DETERMINATION: . Draft; Environmental Impact · :. Statement has been prepared ' ::"~; :'on this project and is' on file. SEQR LEAD'AGENcy South. ~,. old Town Boar~. ' ;.' AVAILABILITy FOR PUBLIC COMMENT: The Draft vironmental Impact State- STATE OF NEW YORK ) -) 85: COUNTYOF SUFFOLK ) ~,N'I',3A T,~.T<'TT~,,cI of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, CoUnty of SUffolk and State of N mw York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 1 ? dayof ~an~a~v 19 85 Principal Clerk Sworn to before me this ~L 7 /L!DJTH A. CHIEN day of ~ 19 8 5 NOTARY PUBLIC, ~tate ol~ New York ~.N?.:.4,.796! 31; Suffotk Cou, ty COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL LMPACT STA'I I".MENT Date: January 11. !9&g ~}.: APPLiCANT:;'-Ei~aUdffi .J. ADDRESS: Hay~aters lid.. :'Cutchogue. New York 11935. PERMIT APPLIED FOR AND APPLICATION NUM- bER: Change of Zone from "A" gesidential and Agricul- tura~ Dislric~ ~o "C" Ligb~ · Industrial District. Pctilion No. 266. i;q. PROJECT DESC~FION: ~Impr0ve th'~ ing~s'" :and lndastrial Proper~y to provide,. a safe and more efficient access, as well as providing better access to the parking Io~. Proposed change would also s~uarc off the presem industrial zoned property so ~ Ihe land can be used in a more efficient iilallller. [~]: PROJECT LOCATION: ,g:'~S0~thefl~]"side of M~ 'Road :~:~Rofte 25) :4~g.42 feet efist ?}?St~l~fe~ Avert.e, CutCh~g~e, '~';.. SEQR ~ETERMisATION; ~] ,h Draft Eagiron'm~tal Impaq; Statement has been prepared on this projecl and is on file. J~ SEOR LEAD AGENCY: ? ~uthold To~vn Board. iii AVMLABi~ ~OR' PUB- ?(:~ LIC cOMMENT: ment may be reviewed at the aaares~ listed' below. Com- ments on the projecl mu~t be "~ saDafiRed to ~he ConTac* Per- son indicated below no later ~han February I 1',-19~5. CONTACT PERSON: .ludith T. 'l'e~y, Town Cleik, Town of Sotnhoid, Town Hall. Main Road. Southola. New York 11971. i516) 765-1801. Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of Which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............................ ~ ......... ._Lw~eeks successively, commencing on the ................. ./....V. ............. Swam to before me this //~ ~' ................................ day of Notary Public BARBARA FORB~/z ~[o~ Public, 8~ate o~ Ne-,; kork No. 4806845 Quali2ied in Su:~£olk County Commission Expires Mare:,, ~.,, iS 2'~/ JUDITH T. TERRY TOWN CLERK I~EGISTRAR O1: VITAL Sq A I'[STICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: January 11, :1985: APPLICANT: Elizabeth J. Homan ADDRESS: Haywaters Road Cutchogue, New York 1:1935' PERMIT APPLIED FOR AN APPLICATION NUMBER: Change of Zone from ?A" Residential' and Agricultur'ai Disl~ric'l/. to "C" Light Industrial' District. Petition No. 266 PROJECT DESCRIPTION: Improve the ingress and egress to adjoining "C" Light Industrial property to provide a safer and more efficient access, as well as providing better .access to the parking lot, Proposed, change would also square off the present industrial" zoned property so the land can be used in"a more effici;ant manner. PROJECT .LOCATION: Southerly side of Main Road {Route 25}, 4!5.42 feet east of Stillwater Avenue, Cutchogue, New York. SEQR DETERMINATION: A Draft Environmental Impact Statement has been prepared on this project and is'on file'. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY FOR PUBLIC COMMENT: The Draft Environmental Impact Statement may be reviewed at the address li:sted'below. Comments on the project must be submitted to the Contact Person in~licated below no later than February 11, 1985:. CONTACT PERSON: Judith T. Terry,. Town Clerk Town of Southold, Town Hall Main:Road, Southold, New York 11971 (516) '765-1801'. JUDITH T. 'JERRY TOWN CLERK REGISTRAR Ol" VITAL ST..\T[STICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, Nev~ York 11971 TELEPIIONE (516) '765-1801 PLEASE PUBLISH ONCE, JANUARY 17, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Tow_n Board Members Southold Town Planning Board Southold Town Building Department Town Clerk's Bulletin' Board Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC', Albany Suffolk County Department of Planning Suffolk County Department of Health Services Michael J. Hall, Esq.~ JUDITH T. TERRY TOWN CLERK ]{EGISTR,\R O1' VITAL ST,VFISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: January 1i, ,1985. : APPLICANT:. Elizabeth J. Homan ~ ADDRESS: Haywaters Road ~ Cutchogue, New York 1'1935 PERMIT APPLIED FOR AN APPLICATION NUMBER: Change of Zone from "A" Residential' and Agricultural Districl~ to "C" Light Industrial' District. Petition No. 266 ,~ PROJECT DESCRIPTION: Improve the ingress and egress to adjoining "C" Light ';I Industrial' property to provide a safer and more effici'ent access, as' well as providing better access to the parking lot, Proposed· change would also '[ square off the present industrial'· zoned property so the land can be used "1. in:a more efficient manner. 'i "i ~l PROJECT LOCATION: Southerly side of Main Road [Route 25)', 4'15.42 feet east .~ ', of Stillwater'Avenue, Cutchogue, New York. SEQR DETERMINATION: A Draft Environmental Impact Statement has been prepared on this 'project and is~on file'. SEQR LEAD AGENCY: Southold Town Board. AVAILABILITY.FOR PUBLIC COMMENT: The Draft Environmental Impact Statement · may be reviewed at the address listed below. Comments on the project must be · submitted to the Contact Person indicated below no later than February 11, 1985:. :.! CONTACT PERSON: Judith T. Terry, Town Clerk" Town of Southold, Town Hall Main' Road, Southold, New York 11971 ( 5.16] '765-1·80:1 JUDITH T. TERRY '1'O~1 CLERK REGISTRAR OI' VITAL S I',\~I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Itall, 53095 Mai~ Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 PLEASE PUBLISH ONCE, JANUARY 17, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 1'1971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Southold Town Planning Board Southold Town Building Department Town Clerk's Bulletin~ Board Charles Hamilton, DEC, Stony Brook Commissioner Williams, DEC', Albany Suffolk County Department of Planning Suffolk County Department of Health Services Michael J. Hall, Esq.., January 4, 1985 Town Board Town of Southold 53095 Main Road - Town Hall Sou%hold, New York 11971 ATT: Judith T. Terry, Town Clerk RE: Change of'Zone for Elizabeth J. -Homan - Main Road, Cutchoque, N.Y. Dear Mrs. Terry: Pursuant to'the Resolution of.the Town Board dated December 18, 1984, I am enclosing Draft Environmental Statement prepared by Roy L. Haje originally submitted with the Dalchet Corporation, et al. change of zone applicated dated January 27, 1983, which I believe should satisfy your requirements. The information on the enclosed Environmental Impact Sqatement is applicable to this property in ~eneral, as the applicant's proposed use plan is the enhancement of the access, egress and parking of the existing George Braun Oyster Co. busin:ess on the adjoining property without disturbing the'existing buildings and character of the parcel which is the subject of the application. It should be kept in mind this change of zone application will not increase vehicular traffic because there will be no expansion of the existing business. Very truly yours, Michae'l J. Hall MJH:el Enclosure RECEIVED Town Cleric Sout~o1~l DRAFT ENVIRONMENrFAL IMPACT STATEMENT for Dalchet Corporation, James R. Fogarty, Georgeanna Fogarty, John Pung, Ir~in S. K~uge~, Reynold F. Blum, William A. Littelt and Nancy Glover Victoria for Change of Zone from "A Residential and Agricultural" to "B-1 General Business District" on premises along the southerly side of Main (State Route 25) from land of Homan to the ~esterly side of South Harbor Road, Cutchogue, New York for a distance of 1,574.70 ft. LEAD AGENCY: CONTACT PERSON: PREPARED BY: Town of Southold '[own Board 'Fown Hall Southold, New York 11971 WILLIAM PELL, Supervisor ROY L. tlAJE, President En-Consultants, Inc. 64 North Main Street Southampton, New York 11968 TABLE OF CONTENTS LIST OF APPENDICES SUMMARY DESCRIPTION OF ACTION DESCRIPTION OF ENVIRONMENTAL SETTING GEOLOGY AND SOILS SLOPES AND TOPOGRAPHY EROSION AND SEDIMENTATION POTENTIAL MINERAL RESOURCES LAND FOP&IS HYDROLOGY GROUNDWATER SURFACE WATER ECOLOGY VEGETATION WILDLIFE I~AND USE DEMOGRAPHIC FACTORS HISTORIC OR ARCHEOLOGICAL RESOURCES RELATION TO LAND USE PLANS VISUAL CHARACTER NOISE ODOR EXISTING ENVIRONb~NTAL CONSTRAINTS AFFECTING ACTION STATEMENT OF ENVIRONMENTAL EFFECTS (POSITIVE AND NEGATIVE) SHORT TERM LONG TEPJ'I CUMULATIVE IDENTIFICATION AND DISCUSSION OF ANY ADVERSE EFFECTS WHICH CANNOT ~E AVOIDED DESCRIPTION OF MITIGATION b~ASURES TO MINIMIZE ADVERSE EFFECTS IDENTIFICATION OF ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES DESCRIPTION OF ANY GROWTH INDUCING ASPECTS OF ACTION IMPACT OF THE ACTION ON THE USE AND CONSERVATION DESCRIPTION AND EVALUATION OF REASONABLE ALTERNATIVES PAGE 2 3 4 5 5 8 8 8 10 10 11 12 12 12 13 13 13 13 13 13 14 15 15 16 16 16 16 17 LIST OF APPENDICES Map to accompany application for change of zone from "A" to "BI" for Dalchet Corporation and others by Roderick Van Tuyl, P.C. mapped 7/22/82, amended 10/29/82 and 12/23/82 .................... APP. I Section of zoning map of the Town of Southold showing subject premises ' "· · APP. II Traffic impact study by Vincent G. Donnelly, P.E ........ APP. ~II Photographs of site ..................... APP. IV -2- StRMMARY The"applicants request a change of zone for an 11+ acre parcel from "A Residential and Agricultural" to "B-1 General Business District." The property is located on the sonth side of Main Road (NYS Route 25), Cutchogue, Town of Southold. The change is requested so that the property might better con- form to the nature of the genera] business development in the vicinity. Potential impacts discussed include water supply, traffic, geol- ogy and soils, etc. The change of zone must be approved by the Town Board of the Town of Southold. It is concluded that the present residential zoning is no longer viable given the type and extent of commercial development of the area, The change to general business will allow development which is in keeping with the surroundings without having any significant adverse impact upon the environment. DESCRIPTION OF ACTION The'~pplicants requesting this change of zone are: DALCHET CORPORATION~ a domestic corporation of tile State of New York with office and principal place of business at Cutchogue, New York; JAMES R. FOGARTY and GEORGEANNA FOGARTY, both residing at Main Road, Cutchogue, New York; JOHN PUNG, residing at 8 South Tyson Avenue, Floral Park, New York; IRWIN S. KRUGER~ resi:ding at 146 Central Park West, New York, New York; REYNOLD F. BLUM, residing at 122 Cross Road, Oakdale, New York; WILLIAM A. LITTELL, residinlg at 705 Blue Ridge Drive, Medford, New York; and NANCY GLOVER VICTORIA, .residing at Alvah's ]Lane, Cutchogue, New York. The action requested consists of a change of zone from "A resi- dential and Agricultural" to "B-t General Business." The six involved parcels have been owned by the individuals no- ted above for varying lengths of time ranging from 22 years to (about) 3 years. The parcel cbntains 1575.05 feet of road frontage ~n the south- erly side of Main Road. Its depth varies from 165' on the west side an average depth of 330' at the center to 274' on the east. A map prepared by Roderick Van Tuyl, P.C. entitled "Map to accompany application for change of zone from "A" to "B-I" for Dalchet Corp. and others at Cutchogue, Town of Southold, N.Y." dated July 22, 1982 with amendments of October 29, 1982 and December 23, 1982 is included in the appendices. The need, as perceived by the proponent of the action, is to make the subject premises more compatible with its surroundings. The pres- ent residential zoning has become outdated as the area has been developed with businesses and traffic increases.~ The most likely use of the property -4,- is for general business similar in type and scale to that which exists nearby. The ~nge of permitted uses in a B-I zone is described in sec- tion 100-70 (A) of the Town Code. Special exception uses are described in subsection B. The applicants hope to achieve the change of zone as soon as all regulatory requirements are met. velop the property. DESCRIPTION OF ENVIRONMENTAL SETTING There are no immediate plans to de- previous The precise location hms been given zn a^section and shown on a map in the appendices. EXISTING ENVIRONMENTAL FEATURES GEOLOGY AND SOILS The Soil Survey of Suffolk County (USDA, 1975), sheet 17, iden- tifies the soils as Hs'ven loams. A general description of these follows: "The Havea series consists of deep, well-drained, medium-tex- tured soils.that formed in a loamy or silty mantle over stratified coarse sand and gravel. These soils are present throughout the county, but most areas are on outwash plains between the two terminal moraines. Slopes range from 0 to 12 percent, but they generally are 1 to 6 percent. Na- tive vegetation consists of black oak, white oak, red oak, scrub oaks, and pitch pine. In a representative profile a thin layer of leaf litter and de- composed organic matter is on the surface in wooded areas. Below this is the surface layer of dark grayish-brown loam about 3 inches thick. In cultivated areas the surface layer is mixed with' the material formerly in the upper part of the subsoil, and a plow layer of brown or dark-brown loam about 10 inches thick, is present. The subsoil is dark-brown to -5- strong-brown, friable loam to a depth of about 19 inches. The lower part, to a depth of '28 inches, is yellowish-brown, friable gravelly loam. ~he substratum, to a depth of 55 inches, is yellowish-brown to brownish-yellow loose sand and gravel. Haven soils have high to moderate available moisture capacity. Reaction is strongly acid to very strongly acid throughout. Natural fer- tility is low. The response of crops to lime and fertilizer is good. 'In- ternal drainage is good. Permeability is moderate in the surface layer and subsoil and rapid or very rapid in the substratum. The root zone is 25 to 35 inches thick..." The bulk of the property is Haven loam, 0-2 percent slopes (Ha A). "--This soil has the profile described as representative of the series. It is mostly nearly level, and generally is on outwash plains. Some areas of this soil are on moraines and generally are on the top of low-lying hills Some of these areas are slightly undulating. Most areas of this soil are large, but on moraines the areas are smaller and are irregular in shape. Included with this soil in mapping are small areas of Scio soils and some crescent-shaped, gravelly areas. Also included are soils that have a moderately coarse textured surface layer and a medium-textured subsoil. In many areas of this soil that are mapped in association with Bridgehampton soils, the soil is deeper and siltier than that described as representative of the series. Bridgehampton soils generally are inclu- ded in mapping in these areas. Also included, on moraines are areas of Montauk soils formed in loose, sandy till. The hazard of erosion is slight on this Haven soil. Primary -6- management concerns are keeping the soil from crusting after rain, main- taining tilth,~"and redL~cing the plowpan. This soil is used extensively for crops, and it is well suited to all crops commonly grown in the county. Potatoes are the main crop, but cauliflower~ cabbages corn~ onion, and sod crops are also grown. Be- cause of the nearly level slope and ease of excavation, most areas of this soil in the western part of the county are being used for housing developments and industrial parks." The remainder is Haven loam, 2-6 percent slopes (Ha B). "--This soil is on outwash plains and moraines, commonly along shallow, intermittent drainage channels. Slopes are short. In larger areas this soil is mostly undulating. Most areas of this soil are smal- ler than the areas of Haven loam, 0 to 2 percent slopes. In cultivated areas this soil is 2 or 3 inches shallower to sand and gravel than the soil described as representative of the series, and it contains a larger amount of gravel. Otherwise the two profiles are similar. Included with this soil in mapping are small areas of Riverhead and Bridgehampton soils, some of which are in a complex pattern with the dominant Haven soil. These included soils generally are in the larger areas of this soil. Also included are Montauk silt loams that have a very weak fragipan. In places areas of this soil that are mapped near Montauk soils have layers of till deep in the substratum. Also included are areas along the bottom of narrow drainage channels that have a silty surface layer that is thicker than that in the profile described. The hazard of erosion is moderate to slight on this Haven soil. ManagemenL concerns are controlling runoff and erosion and keeping the -7- surface loose and free from crusting. 'ihis"s~il is well suited to all crops commonly grown in the county. It generally is farmed the same as adjoining areas of nearly level soils. Crops commonly grown are potatoes, cauliflower, cabbage, and corn. Most areas in the western part of the county are used for housing developments." SLOPES AND TOPAGRAPHY These are described in the previous section as ranging from flat to gently undulating~ 0 to 6 percent. EROSION AND SEDIMENTATION POTENTIAL The hazard of erosion on Haven soils is moderate to slight. Prevention of crusting is tile most important management concern. MINERAL RESOURCES None known. LAND FORMS The land has historically been primarily used for agriculture. No unique land forms a~e found within the boundaries of this'parcel. HYDROLOGY GROUNDWATER Data from recent wells in the immediate vicinity supplied to the Suffolk County Department of Health Services was obtained to deter- mine groundwater conditions. All 6f Southold Township lies within hydrogeologic zone IV as described by the "208 Study" (Nassau-Suffolk Regional Planning Board, 1977). This area has unique groundwater conditions and special management alternatives appiIy to it. Agricultur~ has impacted the groundwater qua- lity most. In many areas, water underlying agricultural areas shows nitro- -8- gen-related contamination resulting from the long-term application of fer- tilizers. R~i~ential areas, however, generally still have good quality water. Statistical examination of over 300 analyses from North Fork do- mestic wells indicates that almost all have nitrate-nitrogen concentrations of less than 3 milligrams per liter. High chloride concentrations (more than 250 mg/1) are found in certain areas near tidal waters but are not a factor here. Specific information is available from a new well directly ac- cross Main Road at the Peconic Clock Shop (Albert Bodenstein). According to Suffolk County Department of Health Services records, the depth of this well is 70', water in the well is 60', and static water was encountered at 10' Analysis of a water sample collected 5/5/83 yielded satisfactory con- centrations of all normally tested constituents (Temik, aldicarb, coliform, iron*, managanese, detergents, chlorides, nitrates). It is interesting to note the absence and low level respectively of Temik and Aldicarb, two common widespread agricultural, pesticides. Ni- trates, the most comm6n agricultural.pollutant and the one of most concern in the "208 Study", is also at an acceptable level. Another well at an antique store owned by Eugene Mott directly north of Main Road indicated a 50' deep well with 40' of water. A sample collected 2/1/83 also yielded satisfactory results for all constituents. These wells and others in this vicinity are in the upper glacial aquifer. SURFACE WATER None. Initial test for iron yielded .57 mg/1, an unusually high reading in- dicating testing error. A re-test found 0.03 mg/1, a more usual and accept- able result. -9- ECOLOGY VEGETATION The use of this property for residences and agriculture for a long period of time has eliminated any traces of the original indigenous vegetation (probably an oak woods association). The fields have yielded such standard Long Island crops as cauliflower, potatoes, and cabbage. A flower garden now grows toward the easterly end. A vineyard is located toward the westerly end. Ornamental trees (primarily maples) are found near the residence and road. WILDLIFE Those species typically found associated with human activity may be found hare. Small mammal representatives include: eastern gray squir- rel, cottontail rabbit, meadow mole, vole, mouse, and rat. Common Long Island upland birds including the sparrows, finches~ robin, grackle, bluejay, red-winged blackbird, blackbird, and cardinal will be found here on'occasion. The herring gull may rest in the open fields and frequently passes overhead. Likely reptilian inhabitants or transients are the Fowler's toad and garter snake. No rare or endangered species of flora or fauna were noted on the property nor are they expected based on the history of use and proxim- ity to existing human activity. No unique or critical ecosystems, habitats, or food sources are found here. -10- LAND USE The property on the easterly portion of the premises requested to be rezoned is owned by Dalchet Corporation and is presently vacant land with the exception of a barn; the land owned by James R. and Georgeanna Fogarty contains a one family residence; the land owned b~ John Pung is vacant with the exception of a small accessory structure on the northeast corner; Irwin S. Kruger's property contains a residence, barn and farm stand doing business under the name of "Harvest Time Farms"; the land owned by Reynold F. Blum and William A. Littell contains a large barn and storage area for use by Peconic Vineyards; Nancy Glovar Victoria's property contains a one family residence and garage. The property to the west and south of Nancy Glover Victoria is owned by James Homan and located thereon is seafood business. Portions of these premises immediately adjacent to Nancy Glover Victoria and Reynold F. Blum and William A. Littell parcels are zoned "C Light Industrial District." The property of Nancy Glover Victoria and Reynold F. Blum and William A. Littell is land owned'by H. Rienecker and S. Friemann and located thereon is a business by the name of Pinewood Nursery which is a wholesale/retail business dealing in the sale of shrubs, landscaping and home beautifica- tion supplies. Immediately adjacent thereto in an easterly direction is probably owned~ by S. & E. Realty Co. upon which is the Key Food Shopping Center. Located in this retail shopping center is the Key Food Supermar- ket, Peconic liquor Store, Cameo Cards and Gifts, The Quartermaster Army & Navy Store, Dolomite Restaurant & Pizzeria, and the Cutchogue Pub bar. Further easterly is a large parcel of land owned by the New York Telephone Company used as a telephone exchangei.' Immediately adjacent to the New York Telephone property are smaller parcels of land on which stores are -11- currently being built. .Next door thereto is a gasoline station and auto repair shop k~own as Cutc~ogue Auto Sales owned by George Mostupanick. Continuing in an easterly direction are three residences owned By Nellie Doroski, A. Imbriano and Theodore Doroski. Immediately adjacent to the Doroski property is a large parcel of land owned by John Miesner, Jr. on which there is a building. Immediately next to the Miesner parcel is the Gulf Service Station owned by Daniel Kaelin. Across Cox's Lane to th~ east is located the real estate office of Burt G. Lewis, Jr. On the south- easterly corner of Main Road is the Y~obil Service Station owned by Allan Ovsianik. To the west of Eugene's Road on the southerly side of the Main Road (N.Y. State Route 25) is the Old Burying Ground Cemetery DEMOGRAPHIC FACTORS The population of the Cutchogue-New Suffolk area has remained virtually static between, the census years of 1970 and 1980 at 2718 and 2788 respectively, l~hile the present 1983 figure may be slightly higher, there has~been no dramatic influx in.to this area in recent years. HISTORIC OR ARCHEOLOGiCAL RESOURCES Although some of the 'existing buildings are quite old, they do not possess any known historical significance. The "01d Burying Ground Cemetery" which does possess historical significance to the Town of South- old, is located east of Harbor Lane beyond the area subject to this change o f zone. REI~ATION TO LAND USE PLANS The Development Plan for the Town of Southold (Raymond, May, Parrish and Pine, 1969) includes the subject area as part of a "low-den- sity residence" zone. A new town-side plan is presently being~developed but it is unknown what the recommended use for this parcel will be. -12- VISUAL CHARACTER The"r~zoning action will have no impact upon the visual charac- ter of the area. The uses to which the land would be put assuming the change of zone were approved would depend upon the form subsequent devel- opment takes. The most likely development, retail stores, would change the present sparsely developed rural character to a series of one and/or two story buildings with paved parking areas, landscaping, etc., similar to that on the north side of Main Road. NOISE Generation of noise at the present ime is primarily due to traf- fic on Main Road. To the extent that the proposed allowable uses will affect traffic~ the level of noise will increase slightly. ODOR Vehicle emissions produce the most discernible odors at present. At times, agricultural fertilizers and pesticides produce odors. EXISTING ENVIRONMENTAL CONSTRAINTS AFFECTING ACTION No natural hazards (i.e., unstable soils, flood plains) are pres- ent. etlt . No wetlands, wildlife refuges, parks or critical zones are pres- Good quality agricultural land as described in the section on geology is present. STATEMENT OF ENVIRONMENTAL EFFECTS (POSITIVE AND NEGATIVE) " SHORT TERM Land development following a zone change will result in the usual effects associated with construction.. Temporary elevations of noise levels from construction equipment, vehicles, and workers; dust from excavations; -13- odors from paving materials are potentia% physical effects. Job~'~or workers will be provided aiding the local economy on primary and secondary levels (income and purchases in local stores, etc). LONG TERM In the long term, the economic impact of commercial development versus residential impact should be considered. The Southold Master Plan describes this type of commercial land use as a "neighborhood center.'; As such, it will feature primarily convenience goods and personal services. The target market would be local residents within "5 to 6 minutes driving timei" Another potential market lies in the seasonal tourist trade which either vacations in Southold, day trips, or passes through to or from the Orient Point Ferry. By increasing the capability of the locality to meet the needs of its residents, those residents are less likely to travel elsewhere. This is especially true in an area where retired persons make up a (rela- tively) large proportion of the population. Existing fi~e and police protection will be adequate to service the scale of development which would be possible with the proposed change of zone. There is not expected to be any significant impact ~pon the school district. Commercial development must conform to the same parameters as residential f~r water supply and sewage disposal. Private individual wells and sewage disposal systems are most likely (Robert Jewell, (SCDH), per- sonal communication). As industry ~s not permitted by either existing or proposed zoning, there will be no industrial effluents. Effluent is not to exceed 300 gallons per day per acre which effectively excludes heavy il4- water users. Thus the demand upon groundwater resources is not expected to exceed the'supply. The effects npon traffic are discussed in the engineer's report in the appendices. CUMULATIVE This request ~for change of zone to allow commercial development is a manifestation of the cumulative nature of other prior development. The unsuitability of the present residential zoning stems from the commer- cial nature of nearby development. The Route 25 corridor is a heavily-travelled roadway through Riverhead and Southold Townships. Business development has centered along it, and to a lesser extent, Middle Road (formerly NYS Route 27). By concentrating commercial development in this location, those areas more suited to agriculture and residences are more likely to retained to per- petuate the rural character of the Town. More commercial development should be expected along the Route 25 corridor with or without this PrOposal. Owners of parcels of similar status elsewhere may consider the fate of the instant proposal and the ul- -timate success of subsequent development when and if similar circumstances arise. IDENTIFICATION AND DISCUSSION OF ANY ADVERSE EFFECTS WHICH CANNOT BE AVOIDED Following development of t,he land, either under present or pro- posed zoning, a loss of open space would occur. The usage of the land for agriculture would also..be precluded. A modification to traffic ~olume would result as described in the engineer's report. -15- DESCRIPTION OF MITIGATION MEASURES TO MINIMIZE ADVERSE EFFECTS The"s~andards of the various involved regulatory agencies have inherent mitigation factors. For example, the SCDH will require no more than 1 unit per 40,000 sq ft in order to protect groundwater resources. Other requirements regarding drainage, setbacks, height restric- tions all serve to mitigate impact. As the proposed action is a change of zone at this time without any specific construction proposals, it is not possible to detail mitiga- tion measures. At the appropriate time, actual development will consider any reasonable mitigation measures. IDENTIFICATION OF ANY IRREVERSIBLE AND IRRETRIEVABLE COIv[MIT~NTS OF RESOURCES The commitment of agricultural land to development is essen- tially irreversible and irretrievable. At the time of actual construction, the usage of fossil fuels to power construction equipment and workers vehicles is irreversible as is the consumption of el'ectrical power.by tools. The commitment of wood and other material used in constructioniis essentially irreversible. DESCRIPTION OF ANY GROWTH INDUCING ASPECTS OF ACTION See discussion on cumulatiive impacts. IMPACT OF THE ACTION ON THE USE AND;CONSERVATION OF ENERGY At the time of actual construction, energy in the form of fos- sil fuels and'electricity will be consumed. Structures will be heated by oil burning or other state-of-the-a,rt equipment. Ail proposed structures will be adequately insulated to minimize energy consumption. Existing sources of electlrical energy supplied by LILCO are ade- quate to service the proposed faciiities. DESCRIPTION AND EVALUATION OF REASONABLE ALTERNATIVES The "no action" alternative would restrict development to resi- dences and/or agriculture. The proximity to Main Road and other commer- cial development are not well suited to residential development. Action at a different time would prevent potential sale of the property to commercial interests who will prepare appropriate zoning in place. STUDIES~ REPORTS AND LITERATURE USED IN PREPARATION OF DEIS~_ BURT, William H. et al. A Field Guide to the Mammals, 1964 Houghton Mifflin Company~ Boston. LONG ISLAND LIGHTING COMPANY. 1981. Current population Estimates for Nassau and Suffolk Counties. NASSAU-SUFFOLK REGIONAL PLANNING BOARD. 1978. "208" Water Study. Hauppauge. PETERSON, R. T., et al. 1947. A Field Guide to the Birds. Houghton Mifflin Company, Boston. SUFFOLK COMPANY DEPARTMENT OF HEALTH SERVICES. 1982. Contour Map of the Water Table and Location of Observation Wells in Suffolk County, N.Y., March 1982. SOUTHOLD, TOWN OF ZONING ORDINANCE U.S. DEPARTb~NT OF AGRICULTURE. 1972. Soil Survey of Suffolk County. Riverhead. -18- APPENDIX III TRAFFIC IMPACT STUDY Proposed Site Development Main Road (N.Y.S. Route 25) Vicinity of Harbor Lane at Cutchogue Town of Southold, New York Prepared by: Vincent G. Donnelly, P.E. October 1983 TABLE OF CONTENTS Page Purpose of Report ................... 1 Study Methodology ................... 2 Existing Conditions Land Use ..................... ' 3 Main Road (Route 25) ............... 3 Proposed Site Development Trip Generation ................. 7 Trip Distribution ................ 9 Trip Assignment .... ~ ............ 10 Traffic /npact Analysis ................ 13 Summary ........................ 17 Appendix A Appendix B Appendix C Appendix D _Appendix E Description of Level of Service Existing Traffic Volumes Alternate Site Uses, Trip Generation Trip Distribution Trip Assignment Existing Traffic Volun~ Analysis Projected Traffic Volumes Capacity Analyses Levels of Traffic Service PURPOSE OF REPORT It has been proposed to change the zoning of an 11.084 acre parcel of land on the south side of Main Road (N.Y.S. Route 25) in Cutchogue from "A" (Residence and Agricultural) to "B-l" (General Business). The General Business District zoning would permit the development of the site for such commercial uses as a retail shopping center or business and professional offices. No specific construction proposal has been prepared for the site as of the date of this report. This report summarizes the results of a detailed investigation of the traffic impact of various developmental alternatives for the site under the proposed "B-l" zoning change. The report reviews existing roadway and traffic conditions in the area, estimates the volume and pattern of traffic which will be generated by alternate uses, analyzes the affect of the additional traffic on the surrounding access roads and presents an overall assessment of the traffic impact of the site development on the adjacent area. -1- STUDY METHODOLOGY The study methodology used for this investigation consisted of a detailed review of existing land use, roadway and traffic conditions in the vicinity of the proposed site. Existing traffic volumes and patterns in the area were de- termined from field surveys and the record files of the New York State Department of Transportation and the Suffolk County Department of Public Works. These data were analyzed in de- tail and, in conjunction with field investigations, the current 1 level of traffic service in the area was established. The volume of traffic expected 'to be generated by various alternate uses of the site was estimated. These uses included a shopping center, office buildings and a combination shopping center-office development. The traffic generated by each of these developments was then assigned to the adjacent street system on the basis of an analysis of the geographical distribution of the existing population in the surrounding area. The additional traffic from each of the alternate uses was added to existing traffic volumes on the roadways in the area and a capacity analysis performed to determine the anticipated level of traffic service. The analysis in- cluded a review of non-summer and summer, and weekday and Saturday traffic conditions. The projected traffic conditions for each alternative were reviewed to identify any potential problem areas and an Overall a~seSsment made of the traffic impact of development of the site to "B-l"'General Business District zoning. 1See Appendix A for description of level of service. -2- EXISTING CONDITIONS Land Use The proposed site is located on the south side of Main Road (N.Y.S. Route 25) immediately to the west of Harbor Lane at Cutchogue in the Town of Southold (See Location Map, Figure 1). The parcel consists of 11.084 acres with approxi- mately 1575 feet of frontage along Route 25 (See Site Map, Figure 2). The site is currently occupied by a farm and several individual residences. Development immediately to the west of the site consists of residences and the George Braun Oyster Company (located in a "C" Zone). To the east of the site on the east side of Harbor Lane is a cemetery. On the north side of Route 25 immediately opposite the'site is the Key Food Shopping Plaza. The Plaza is a 40,000 square foot neighborhood shopping center featuring a Key Food Supermarket and parking provisions for approximately 300 vehicles. Other existing development on the north side of Main Road includes commercial useis tO the east of the shopping center and residential, farm and nursery uses to the west. The Cutchogue commercial area extends approximately 0.5 miles to the west of the site and is centered at the New Suffolk Road intersection with Route 25. Main Road (Route 25) Direct access to the proposed site will be provided by Route 25. Route 25 is a two lane State highway which provides local traffic service to the various hamlets along the North Fork of Suffolk County. -3- Route 25'~-in this area consists of t "12 foot wide travel lanes with 8 foot wide shoulder areas. Traffic counts2 takeh by the New York State Department of Transportation in- dicate a 1979 average daily traffic volume of 6,050 vehicles per day east of the site and a 1980 daily volume of 8,050 vehicles per day west of the site. These traffic 'volumes have been adjusted to average the seasonal traffic fluctuations that occur in this area.' A review of'seasonal traffic volume variations in the area reveals that volumes vary by as much as 70 per cent during the year with peak periods occurring during the summer months and lowest volumes occurring during January and February (See Appendix B-7). Daily traffic volumes on Route 25 also vary con- siderably. During the summer, Fridays and Saturdays are peak travel days, while during non-summer periods, Thursdays and Fridays are peak days. Hourly weekday traffic volumes on Route 25 reflect the importance of the roadway for both journey to work and shopping trips. Peak traffic flow on weekdays occurs between 4:00 p.m. and 5:00 p.m. Traffic surveys conducted for this study during October 1983 revealed a two-way traffic volume of 890 vehicles per hour during the 4:00 to 5:00 p.m. time period with 470 vehicles in the peak eastbound direction of flow (See Appendix B). Saturday traffic volumes generally approach the same volume levels as weekday traffic. However, they peak during the midday period (10:00 a.m. to 3:00 p.m.) and generally consist predominantly of shopping and recreational traffic. Traffic control in the area consists of a 40 mph speed limit in the immediate vicinity of the site and a two-phase traffic signal at the Route 25 and New Suffolk Road intersection. 2Source: 1982 Traffic Volume Report New York State Department of Transportation -4- Route 25 in this area during peak traffic periods operates at an excellent level of traffic service (level of service A) during the non-summer months and a good level of 3 service (level of service B) during the summer months. Ob- servations conducted for this investigation revealed generally free-flow unimpeded movement of traffic on Route 25 in the study area. Minor restrictions to traffic flow were observed at the Key Food access drive intersection with Route 25 and the Route 25 at New Suffolk Road intersection. Traffic operations at the Route 25 and New Suffolk Road signalized intersection, although generally at a high level of service, are adversely impacted by the lack of an adequate separate left turning area on Route 25 for westbound left turning vehicles. These vehicles, while stopped waiting for an adequate gap in the eastbound traffic stream, tend to block and delay westbound through traffic if ~ehicles are parked at the curb in this area. Table 1 summarizes the reported traffic accident experience along Route 25 in this area. 3See Capacity Analyses - Level of Service Determinations in Appendix E -5- TABLE 1 Reported Traffic Accidents4 Route 25 New Suffolk Road to Harbor Lane Town of Southold New Suffolk Road Depot Lane stillwater Avenue Sterling Lane . Harbor Lane * Aver./Yr. 1979 1980 1981 1982 1979-82 4 2 2 2 2.5 0 0 0 0 0.0 0 2 1 5 2.0 0 0 1 3 1.0 2 1 1 1 1.3 3 0 3 1 1.8 0 1 1 0 0.5 1 2 2 4 2.3 10 8 11 16 *Site Area During the 1979-82 time period, there has been an average of approximately three reported traffic accidents a year on Route 25 within the general limits of the site. A review of the historical accident experience does not reveal any unusual traffic safety problem areas. This was confirmed with field observations on Route 25 in this area during various time periods on weekdays and weekends. Source: Traffic Accident Files New York State Department of Transportation -6- '%, S I~AST CUTCHOGUE PECONI 1958 L FIGURE t LOCATION MAP PROPOSED SITE DEVELOPMENT Trip Generation As previously mentioned, no specific construction proposal has been prepared for the site as of the date of this report. For the purposes of this investigation, however, the traffic generation potential of several alternative de- velopment proposals were examined. Three specific alternate use proposals consistent These with "B-t" General Business District were reviewed. uses included: A Shopping Center (80,000 SF) A Shopping Center-Office Complex (90,000 SF - 45,000 SF Shopping Center 45,000 SF Office) An Office Park (90,000 SF) All three alternate use proposals have assumed that the maximum development permitted by the "B-I" zoning code would be advanced. Therefore, each~ of these proposals would represent the maximum potential volume of traffic which would be generated'by such a use. Traffic generation estimates were based on the average trip generation rates for the various uses presented in the 1979 "Traffic Generation Report" prepared by the Institute of Transportation Engineers. These, are nationally accepted rates and generally correlate cl'osely with traffic generation rates in Suffolk County. .Table 2 summarizes the results of the trip generation analysis for each of the alternate site uses. -7- TABLE 2 Site Trip Generation Alternate Site Use ("B-I" Zoning) Average Weekday (trips/day) Shopping Center (80,000 SF) Shopping Center- Office Complex (90,000 SF) Office Park (9O,0O0 SF) 6,328 5,765 1,107 Weekday- A.M. (trips/hr.) Enter Exit Total 116 174 176 116 88 33 232 262 209 Weekday - P.M. (trips/hr.) Enter 308 347 33 Exit 348 414 165 Total 656* 761' 198' Saturday 8,608 7,184 301 (trips/day) Saturday - Peak Hour (trips/hr.) Enter Exit Total 432 365 24 576 481 21 1,008' 846 45 *Conditions selected for detailed traffic analysis (See Appendix C for additional details) -A review of Table 2 indicates that peak site traffic generation Would occur with the development of an 80,000 square foot shopping center. Such a shopping center would generate over 8,600 trips (4,300 vehicles in and 4,300 vehicles out) on a typical Saturday with over 1,000 trips per hour being generated during t'he peak midday period. -8- By comparison, surveys conducted for this study revealed the Key Food Shopping Plaza generates nearly 500 trips per hour between 4:00 and 5:00 p.m. on a typical Friday afternoon. A shopping center-office complex would generate approximately 15 per cent less traffic on a Saturday, while such a complex would generate comparable volumes as a shopping center on weekdays. Peak weekday afternoon volumes for both a shopping center-office complex and a shopping center would average approximately 30 per cent less than peak Saturday volumes of a shopping center. An office park would generate substantially lower peak volumes than the other uses, averaging less than 30 per cent of the various shopping center proposals. Trip Distribution The next step of the investigation consisted of a detailed analysis of the geographical distribution of trips to and from the site. For both the shopping center and office development proposals, the geographical distribution of the population in the surrounding area was used as the basis for trip distribution. For the shopping center, a 15 minute travel time was considered to be the outside limit of the trade area. This area extended from the Riverhead Town line on the west to the hamlet of Southold on the east. Based on an analysis of the ~urrent population in this area, it was determined that approxi- mately 50 per cent of the shopping center traffic would be destined to or originate from the east and 50 per cent would be to or from the west. This distribution correlated very closely ~ith existin'g'tra~fic patterns at the Key Food Shopping Plaza. -9- With respect to the office park, the trade area was considered to be a 30 minute travel time from the site. This area extended from Riverhead on the west to Orient Point to the east. Approximately 60 per cent of the office trips are estimated to or from the west, while 40 per cent are estimated to or from the east. The shopping center-office complex traffic patterns are heavily influenced by shopping trips. It was therefore estimated that for this use, half the trips would be to or from the west and half to or from the east. Appendix C includes additional information concerning the trip distribution procedure. Trip Assiqnment The vast majority of vehicular trips generated by the proposed development at the site will use Route 25. Based on an analysis of Table 2 and the trips generated by the alternate uses during various time periods, it was determined that the following would represent the most critical traffic conditions: Shopping Center (Weekday - 4:00-5:00 p.m. Saturday - Midday) Shopping Center-Office (Weekday - 4:00-5:00 p.m.) Office Park (Weekday - 4:00-5:00 p.m.) These conditions were analyzed in detail as part of this investigation. Table 3 summarizes the site generated trip assignment based on the trip generation (Table 2) and distribu- tion for each of the alternate uses. -10- TABLE 3 Site Trip Assignment Alternate Site Use ("B-i" Zoning) Route 25 at Site Access Drive Weekday - (4:00-5:00 p.m.) En%er (EB--Rt.) (WB--Lt.) Exit (WB--Lt.) (ES--Rt.) Saturday- (Midday) Enter (EB--Rt.) (~3--Lt.) Exit (WB--Lt.) Shopping Center (Veh./hr. ) 154 154 174 122 216 216 288 202 Shopping_ Center- Office C~L~lex (Veh./hr. ) 173 173 207 145· Office Park (Veh./hr. ) 20 13 99 5O Route 25 at New Suffolk Road Weekday - (4:00-5:00 p.m.) Route 25 (WB) (WB--Lt.) New Suffolk Road (EB--Rt.) Saturday- (Midday) Route 25 (WB) ('[q3-~Lt.) (ES) New Suffolk Road (EB--Rt.) 122 17 108 15 202 29 151 22 145 21 121 17 99 (See Appendix C-10 and C-ii for additional details). -11- The additional site generated traffic volumes 5 (Table 3) were then added to existing traffic volumes on Route 25 to determine the total projected traffic volume on the adjacent roadway system (See Appendix D). 5Existing. Volumes - Non-summer volumes based on October volumes. Summer volumes 25% higher than October volumes (See Appendix B-7) -12- TRAFFIC IMPACT ANALYSIS The final step of the study procedure involved a detailed analysis of the total projected traffic volumes to assess the overall impact of site development on the adjacent roadways and to identify any potential traffic operational or safety problems. Intersection capacity analyses were performed using methods outlined in "Circular 212, Interim Materials on Highway Capacity," 1980, by the Transportation Research Board. Link roadway capacity analyses were done using the methodology of the "Highway Capacity Manual," 1965, by the Highway Research Board. Capacity analyses and level of traffic service determinations were performed on the following roadway elements: Route 25 at New Suffolk Road Route 25 at Site Access Drive Route 25, East of Site Route 25, West of Site The analyses were done for each of the three alternative site uses for the critical traffic periods pre- viously identified. Table 4 summarizes the results of this analysis. -13- TABLE 4 Level of Traffic Service Alternate Site Use ( "B-t" Zoning) Condition Existing (non-summer) Existing ( sun~rer ) Shopping Center P.M. (Wkday/non-s~mer) Saturday (non-~r) P.M. (Wkday/summer ) Saturday (sumner) Shopping Center-Office P.M. (~day/non-s~L~r) P.M. (Wkday/su~mer) Office P.M. (~day/non- sunmer) P.M. (Wkday/sunmer) Estimated Route 25 Intersection Intersection Roadway Roadway Overall Route 25 at Route 25 at Route 25 ~ute 25 Level of New Suffolk Site Access (East) (West) Service A A B B A (Excellent) B A C C B (Good) B A C C B (Good) B A C C B (Good) C A C C C (Fair) C A D C C (Fair) B A C C B (Good) C ,A C C C (Fair) A A B B A (Excellent) B A C C B (Good) -14- The development of an 80,000 square foot shopping center would result in level of service C (fair service) traffic conditions on Route 25 during peak weekday afternoon and Saturday midday traffic periods in the summer. During non-summer periods, this alternative would result in level of service B (good service) traffic conditions. A combination of 45,000 square feet of shopping center and 45,000 square feet of office development would result in level of service C (fair service) traffic conditions on Route 25 during peak weekday afternoon periods in the s.ummer. Level of service B (good service) traffic conditions would pre- vail during non-summer weekday afternoon peak periods. A 90,000 square foot office park development would result in level of service B (good service) traffic conditions on Route 25 during peak weekday afternoon periods in the summer. During non-summer periods, this alternative would result in level of service A conditions (excellent service). The capacity analyses and level of traffic service determinations were based on several assumptions. First and foremost, it was assumed that adequate traffic control measures for access to the site would be provided as part of the final site development plan. This is essential to the safe and ef- ficient movement of traffic in the area. The actual details of these measures will have to be developed in conjunction with the Route 25 permit requirements of the New York 'State Department of Transportation once a specific construction proposal is advanced for the site. How- ever, the.following are key elements to be considered: Major access to the Site should be provided · on Route 25 directly opposite the main access drive to the Key Foods Shopping Plaza. A separate left turning lane should be provided on Route 25 for westboundileft turns into the site. -15- Depending on the scale of development~traffic signalization of the major access drive at Route 25 should be considered. Access should be provided to the site from Harbor Lane to allow for local traffic service and to allow for an additional access point to the site. A separate eastboundl right turn lane into the site at the main access drive or a separate eastbound entrance drive on the westerly end of the site should be considered. Secondly, the analysis assumed that roadway and parking conditions on Route 25 at the New Suffolk Road intersection would remain as they presently exist. The additional traffic generated from the development of the subjectl site can be expected to re- sult in increasing the westbound left turning activity at this intersection. Although the analysis of projected traffic condi- tions revealed it will continue to Operate at an acceptable level of service, the intersection would operate better today, and in the future, if minor parking restrictions were established at the intersection. Such restrictions would assure a westbound roadway at the intersectional area which would be wide enough to accommodate both a left turning vehicle and a through-west- bound vehicle. -16- SUMJVlARY A detailed analysis of various alternate site uses has shown that there is a wide range of vehicular traffic generation potential that could result from the development of the subject site to "B-l" General Business zoning.. Daily trip generation at the site can range from 1,100 vehicles per day for an office park to over 8,600 vehicles per day for a community shopping center. Peak hour traffic flow would similarly vary from 200 vehicles per hour to over 1,000 vehicles per hour. Based on this investigation, it has been determined that the existing Route 25 presently operates at a relatively good level of service throughout the year. Although some minor restric- tions to traffic flow exist in commercial areas and at the Route 25 and New Suffolk Road intersection, the overall existing level of service and safety on Route 25 is good. Route 25 is currently operating at only 50 per cent of the traffic level where major traffic congestion would occur. An analysis of projected traffic conditions based on various "B-i" zoning uses demonstrates that, although peak hour traffic volumes would increase in the area, Route 25 would con- tinue to operate at an acceptable level of service even under the most traffic-intensive use, an 80,000 square foot community shopping center. The "worst case" traffic conditions on a Saturday in the summer for such a shopping center would still result in an over 30 per cent excess roadway capacity available on Route 25 before major congestion would occur. Based on this investigation, and with the ade~uate provision, of traffic control measures at the access drive to the site, it is our professional opinion that the traffic: generated by development of the site to "B-l" zoning can be safely and · adequately accommodated by Route 25 at an acceptable level of -17- traffic service. There will be no major adverse impact on traffic conditions in this area by developing the site to permitted uses. -18- APPENDIX A DESCRIPTION OF LEVEL OF SERVICE A-1 Level of Service Description Level of traffic service is a measure of the quality of traffic service being provided along a road or at a particular intersection on a road. The levels of service range from a relatively congestion free condition (Level of Service A) to major traffic congestion and delay (Levels of Service E & F). The following provides a capsule description of the various levels of traffic service: Level A - Excellent traffic service. Relatively free flow. High vehicular operating speeds. Passing maneuvers made with little or no delay. Traffic signal approach roadways never fully loaded. 2-Lane roadway - 20% capacity. Signalized intersections - less 60% capacity. Level B - Good traffic service. Slight delays to traffic. Stable flow..' ~'~ Passing maneuver-s~.~somewhat restricted by opposing traffic, but not unreasonably. Traffic signal approach roadways fully loaded less than 10% of the time. 2-Lane roadway - 45% capacity. Signalized intersections - 60%-70% capacity. Level C - Fair traffic service. Acceptable delays to traffic. Stable flow. Vehicle operating speeds affected by traffic conditions. Traffic signal approach roadways fully loaded 10%-30% of time. 2-Lane roadway - 70% capacity. Signalized intersections'- 70%-80% capacity. Level D - Fair-poor traffic service. Tolerable delays to traffic. High probability of vehicular breakdown and stoppages in areas of side friction. Operating speeds in open areas reduced to 35 mph. Traffic signal approach roadways fully loaded 80%-90% of time. 2-Lane roadway - 85% capacity. Signalized intersections - 80%-90% capacity. Level E - Poor traffic service. Intolerable delay to traffic. Congestion. Operating speed in open areas reduced to 30 mph. Traffic signal approach roadways nearly always fully loaded. 2-Lane road at capacity. Signalized intersections at capacity. Standard traffic engineering analysis and observation techniques are used to establish existing and projected levels of service on a road. APPENDIX B EXISTING TRAFFIC VOLUMES oooooo-oooooooooooo~oooooooo~o~ 0000~0000000000000 0000000~ 0 oooogooooooooooooooooooooo~oooooooD 0000 000000000000000000000 0~0000~ ×oooo~oooooooooooooooooooogD~ooooooo 0 00000000 0000000000000 000 0 '30000000 0000000000000 000 0 0000 000000 0 0 0 0 o 0 00000000 o'r oo ~oooooo8 0000 0 00000' 0 0 0000 0 00000 0 0 OmOm 0 0~-- 0 ~ 000000000000 000000000000 O0 O0 O0 O0 000000000000 '00000 000000000000 00000 ~0~0~0~0 ~0~0 ~00000000000 00000 00000000000 00000 0000000000'00 ~00000 00000000 000000000000 ~0000 00000 O0 0 --~-- ~ 0 O0 0 000 '0 0 O0 0 000' 0 · 0 ". C C '"* c'_ C' ""_ 0 0 0 LOCATION VEHICEE VOLUME COUN':F INTERSECTION TURNING MOVEMENTS 4 '-/'~,e,.¢,' DATE._ NORTH At, ROW WEATH E R. SURFACE CONDITION. TRAFFIC CONTROL -ME~.O0 Or COUNT___/:/_!'?~- . COMPILED BY. "~-/"~'~ TOTAL VOLUME, TIME PERIOD. VEHICLE' VOLUME COUNT INTERSECTION TURNING MOVEMENTS DATE NORTH ARROW WEATHER ........ . SURFACE CONDITION___ TRAFFIC CONI~OL .... METHOI) 0 ~ CC ~T__~ COMPILED B~ ~'~ METHOD OF COUNT_, ,4,-/,4, ~/,;,,,;,,, TOTAL VOLUME_. TIME PERIOD. NOTES AND COMMENTS__ ...... -_:y ~ :.--~ , . .... t..~ /~?.o /33,, o lo-'q-. D '4. APPENDIX C ALTERNATE SITE USES TRIP GENERATION TRIP DISTRIBUTION TRIP ASSIGNMENT ,,2. 7/~-C / x 7>.-r~ L, 7:~7.'h3. - ,I IL,.~ - I)~ Jo -- ,-: -; /5'I ? , ~.~' ~¢~4) = Zl ,3-.c (-414) "' /4.5' ~o ~ 44, APPENDIX D EXISTING TRAFFIC VOLUME ANALYSIS PROJECTED TRAFFIC VOSUMES 4.20 ? t5"4C-'-'-'~ SO 7-'o -,--- 2.?o ~'"T ~o- /4.,9 " .... G"7I 4 / ,.. ~/& ,,"-- ¥ ¢¢¢-z,°= - '"'¢~'&' ---.---- <-78 · --" ' C'?'~ -/- Z¢/= ~¢~- ( $¢/-/5'.~'/) .5',5 ~ lq5 ---, ~0 ¥ ?o /So.._._,z~ APPENDIX E CAPACITY ANALYSES LEVELS OF TRAFFIC SERVICE ?S e-i v ~ VP~4 81o ]3, h~ . C'P P~ d.: 7~-¢' 9t o%-/ ~ ~ q z~ ~7"- "~U£,',-! O pPOa'lt',/f.O- :(hA - -::3~o 4- I '5o ---.~ Io ~ 6 - z.4-o /04-0 '2__4-0 4-(~0 ur- i~O -- 11 I'~o -- ,5-/C ~ .B - Z4-o ~A - q-..~,o + · 4.4. o --,..- I~ Z~~ /o ~f _JZ9 :E APPENDIX IV Phot~ 1. Taken 10/21/83 by RLH. Harvest Time Farmstand. Looking wnw from Photo 2. Taken 10/21/83 by RLH. Look£ng west from corner of [[arbor La~m and bl~qin R~ad (Route 25) APPENDIX iV CONTINUED) Photo 3. Taken 10/21/83 by RLH. Looking east Harvest Time ~a~_~mshand. Photo 4. Taken 10/21/83 by RLH. Looking northeast from Harvest Time Farmstand. AP?ENg£X iV (CONTINUED) Photo 5. Taken 10/21/83 by RLH. Looking north from Harvest Time Farms~and. Photo 6. Taken 10/21/83 by RI,H. Looting wast Harvest Time Farmstand. JUDI [HT. TERRY TOX~4 CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 ' Southold, New York 11971 TELEPHONE (516) 765-1801 NOTICE OF SIGNIFICANT EFFECT ON' THE ENVIRONMENT Dated: December 18,' 1984: Pursuant to the provisions of Article 8 o~ the EnvirOnmental Conservation Law, Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the. Southoid Town Code, the Southold Town Board, as lead agency, does hereby determine that the ,action described below is :a Type I action and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION Petition of Elizabeth J. Homan for a. change of zone from "A" ReSidential: and Agricultural Distric[ to "C" Light Industrial: District.on certain property at Cutchogue, Town of Southold, New York. Further information may be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main'Road, Southold, New York '11971. Copies to: Charles T. Hamilton, DEC,' Stony Brook' Commissioner Williams, DEC, Albany- Southoid Town Building Department Southold Town Planning Board Suffolk County Department of Health Services Town Clerk's Bulletin Board Michael J. Hall, Esq., on behalf of Elizabeth J. Homart JUDITII T. TERRY To~qq CLERK REGISTRAR OF VITAL SI ATIS]'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-180t Michael J.. Hail, Esq. Youngs Avenue Southold, New York .1:1971 December 21, :1984: Dear Mi*. Hall: Enclosed herewith is 'a "Notice of Significant Effect on the Environment" in connection with the Elizabeth J. Homan petition for a Change of Zone, which determination was the subject of a Town Board resolution on. December 18,: 1984, a: copy of which is 'also enclosed. Mrs. Homan is :hereby requested to prepare a draft environ- mental impact statement for submission to me upon completion. Very truly yours, Judith T. Terry Southold Town Clerk. Enclosu res JUDITH T. TERRY TOWN CLERK REGIS'I RAR Ob VITAL ~ 1 ,\ I :~ ;;.-z' .~, -': ,, '¥: ;::',';,: '~', ~i"'"' -~7.~ ~ -~'::~ · ': ::;~ '-¥::i. :""~; '?5:;; .;..:-.: ?. :,:: ..,~L:i::'.,.'' .:; OFFICE OF THE TOWN CLE~ TO~ OF SO,HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS"IS TO CERTIFY. THAT. THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT.A REGULAR MEETING HELD ON DECEMBER 18,. :1984': - ' WHEREAS,; Elizabeth J. Homan has heretofore filed a petition witfi the Town Glerk., pursuant to Article XV of Chapter 100 of the Southold Town code, for a Change of Zone on certain' property at Cutchogue, in'the Town of Southold, from "A" Residential' and Agricultural Disl~ric[ to "C" Light Industrial District,- - NOW, THEREFORE, i IT'.'IS RESOLVED AS FOLLOWS: 1. That .pursuant to the provisions of Article 8 of the Environ- mental Conservation Law, Part. 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the .action proposed is a Type I action and is likely to have a significant effect on the environment. 2. That the Town Clerk .shall file and circulate such determination as r~equired by the aforementioned law, rules and. code. 3. That the Town Clerk immediately notify the applicant, Elizabeth J. Homan of this :determination, and'further request said applicant to prepare a draft environmental 'impact statement, all in'.accordance with said law, .rules and. code. '.Judith T. Terry ~/ ' Southold Town Clerk RECEIVED .I,i 11984 . Tow., ~,'~ ~o,~old COUNTY Of SUFFOLK DEPARTMENT OF PLANNING (516) 360'5513 LEE E. KOPPELMAN Town of Southold Town Clerk Applicant: Zoning Action: Mun. Pile No.: S.C.P.D. Pile No.: December 10, i984 Elizabeth J. Homan C/Z "A" Res. & Agr. to "C" Ind. ~266 SD-84-21 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Premises and adjoining industrial zoned land of petitioner should be developed jointly and encumbered for wholesale/retail seafood business purposes only with a zoning reverter to "B-l" Business upon cessation of said business J~tivities. GGN:jk Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner · 11788 JUDITH T. TERRY q[OWN CLERK REGISTRAR OI' VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southo'ld, New York 11971 TELEPHONE (516) 765-1801 Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: New Zoning Ordinance· Amendment Of Zoning Codi~ X Amendment of Zoning Map (Change of Zone) .. Location of affected land: southerly side of Main Road (Route 25}. 415.42 east o_[f Stillwater Avenue, Cutchogue, New York.' Suffolk County Tax·Map No.: 1000-103-1-1 Within' 500 ·feet of: . The boundary of any. village or town The boundary· of any existing .or proposed county, state or federal park. X The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.. The existing or ·proposed right-of-x~ay of any stream .or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed Boundary. of any other county, state or federall' owned, land. ' ..: The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant·. Airport COMMENTS: Recommendation of the Southold Town Planning Board, dated December 4, .1984.. - Petition of Elizabeth J. Homan for a Chan.c. le of Zone from "A" Residential and Agricultural Disl~ric{ to "C" Light Industrial District. D ate: December 6, 1984 Judith T. Ter~,y Southold Town Clerk RECBVEO 1984 P T D Southold, N.Y. 11971 (516) 765-1938 December 4, 1984 Judith Terry Town Clerk Southold Town Hall Main Road Southold, NY 11971 Re: Homan Change of Zone Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board, Monday, December 3, 1984. RESOLVED that the Southold'Town P.lanning Board recommend to the Town Board that the change of zone for Elizabeth J. Homan from "A" Residential and Agricultural District to "C" Light Industrial District on the southerly side of Main Road, Cutchogue be'approved. Please note, the Chairman refrained from any discussion of this proposal. Very truly yours, Diane M. Schultze, Secretary Southold Town Planning Board cc: Michael Hall, esq. Supervisor Town Board Town Attorney JUDITH T. TERRY 1~O ~q~ CLERK REGISTRAR OF VITAL STATISI-ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 24, 1984 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board $outhold, New York 11971 Dear Bennie: Transmitted herewith is the petition of Elizabeth J. Homan request a Change of Zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property located on the southerly side of Main Road (State Route 25), 415.42 feet east of Stillwater Avenue, Cutchogue, New York. Please prepare an official report defining the conditions described in said petition and determine the area ;so affected by your recommenda- tion and transmit the same to me. Very truly yours, JudithT. Terry $outhold Town Clerk Attachment IUDITH T. TERRY TO~ CLERK REGISTRAR OF VITAL ST.\T[STICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Charles T. Hamilton Alternate Regional P_ermit 'Administrator N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. Hamilton: Enclosed :is petition of Elizabeth J. Homan for a Change of Zone 'from "A" Residential and Agricultural District to "C" Light Industrial District on certain' property located on the southerly side of Main Road (State Route 25), 415.42 feet east of Stillwater Avenue, Cutchogue, New York. This project is unlisted and our initial determinastion of non-significance has been made and we wish to coo.~date this action to conform our initial determination in our role as lead agency. May we have your view on this matter. Written comments on this project will be received at this office until November 12, 1984. We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Commissioner Williams Southold Town Building Department JUDITH T. TERRY TO V~qq CLERK REGISTRAR O1: VITAL ST,\ I'ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 19, 1980: Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To Whom It May Concern: Attached hereto is Long Environmental Assessment Form submitted by Elizabeth J.,Homan in' regard to her petition for a Change of Zone from "^" Residential and Agricultural District to "C" Light Industrial District on certain property located on the southerly side of Main Road (State Route 25), 415.42 feet east of Stillwater Avenue, Cutchogue, New York. Judith T. Terry ,// Southold Town Clerk. Posted on Town Clerk's Bulletin Board on 10/19/84. TO~?N OF SOUTttOLD EAF · ENVIRO;IMENTAL ASS£SSMENT ' 'PART I P~oject Information. NOTICE: This document ~ desk?ned to assist i.n determining whether She action proposed may have a significant effect on the et~vlrce~,'n~nt. Please complete the entire Data Sheet. Answers tO .these questions will be considered as Dart of the a~3p!ication for. approval and may 'be subject to Further verification and public review. Provide any additional ~nformaCion you believe will be needed to complete. PARTS 2 and 3. It is expected that comol'otien of the EAF will be dependent on information currently available and will not involve new studies, research or investiqation. If .information requirinp such additional work is unavaibble, so indicate and specify each instance. NAME OF PROJECT: · . · .- .. Matter of the Petition· of Elizabeth J.·Homan for a Chanqe of' ZOne. ' ADDRESS AND NAME'OF APPLICANT: Elizabeth J. Homart (hame) .. .Haymaker s Road (Str~etJ Cutchogue, New York {P,O.) (Stase) · DESCRIPTION O~ P~OJECT: NAME AND ADDRESS OF OWNER (If ~lifferent) Nancy 6' Dermody Name ) Alvah' s Lane (Street) Cutchogue, New York 11935 (P.O.) (State) BUSINESS PHONE: 119.35 (Zip) (Briefly describe type of :roject or action) (Zip} Change of .Zone· from "A"' Residential 'and Agricultural ·tlo "C" Light Industrial District (PLEASE COMPLETE EACH QUESTION -iIndicate M.A. if not applicable) SITE DESCRIPTION .. (Physical setting of overall project, both develonediand undevelooed areas). -. 1. General character of the land: r~nerally uniform'slope ~ Generally uneven and rolling or irregular 5. Present land use: Uroan , Industrial , Commercial , Agriculture __.~__X, Other Res±de'rt~]l Total acreage of oroject area:~/2 acres. Ao,roximate acreage: Presently After Completio? 1/~ ac~e N~A acres acres Hater Surface Area N~A acres acres N/A acres acres N/A acres acres Meadow Or Brushland Forested Agricultural 'l~tland (Freshwater or. Tidal ~s net Articles 24, 25 or F,C.L.) Suburban , Rural , Forest Unvegetated (rock, earth or fill) Roads, buildings and other paved surfaces N/A Other (indicate tyne) 1/2 Presentiy After Completion N/A acres ac~es N/A acres WPat ~s ~-edominant soil typ~{s) on nroiect site? loam Residential a nre :her. bPdrocK outcropoinos On nrn.iect site7 .... Yes _~_ ~c t. ~"at ts deotn to bedrock? .____N/_A_ ............... ('n ~eet) 6. Approxinate percentaoe of proposed ~roject site with slooes= 0-I0~ N/A~; 1~-1~N/~ ~; 15~ or greaterN_~. - ' ?. Is project contiguous to, or contain a buildinn or site listed on the National Register of Historic . Places? Yes ~ No ' 8. What is the depth to the water table?N'./A..feet g. Do hunting or fishing opportunities presently exist in the project area? _ Yes X.~No 10. Does project site contain any species of plant or animal life that is identified as threatened or endanqered - ,Yes X...~lo, according to - Identify each species 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations o Yes X No. (Describe 12. Is the project sit, presently used by the con~nunity or neighborhood as an open space or recreation area - Yes No. 13. Does the present site offer or include scenic views or vistas known to be )mportant to the con~munity? Yes X .Ho 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary N/A 15. Lakes, Ponds, Wetland areas within or contiguous to project area: a. Name N/A : b. Size (in acres) ~/A )6. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g.. single family residential, R-2) and the scale of development (e.g. 2 story). "~" ~esJ_denti~-L Agricultural. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. To~al contiguous acreage owned by project sponsor igl/~, acres. b. Project acreage developed: 1~.~ acres initiallyl ]-J~ acres ultimately. e. Project acreage to remain undeveloped N/A d. Length of project, in miles: ~/A .(if appropriate) e. If projec~ is an expansion of existing, indicate percent of expansion proposed: building square foot- age N/A ; developed acreage N/~ f. )(un~ber of off-strut parking spaces existing N/A .; proposed N/~ g. Maximum vehicular trips generated per hour N/A (upon completion of project) h. If residential: Number and type of housing units: One Family Two Family Initial 1 N/A Ultimate 1 N/A i. If: Orientation F)eighbornood-City-Regional Commercial N/A Industrial N/A Multiple Family Condominium ~/A N/A N/X N/A Estimated Employment j. Total height of tallest nronosed structure _N_~ feet. -2- 2. How much natural material (i.e. rock, earth, etc.) will· be removed ,from the site - None tons · None cubic yards. 3. How man~ acres of veqetation (t~ees,' shrubs, g~ound covers} ~ill be removed from site -Non~cres. 4. Will any mature forest {over ,100 years old}, or other locally-important vegetation be removed by tots project? Yes X No 5. Are there any plans for re-vegetat'ion to replace t. hat removed during construction? Yes X If single dbase project: Anti'cioated period of ConstructionN/A.___.months, {i~cluding demolition). 7. If ~nulti-phased project a.'. To~al number'of phases anticipated N/ANd. b. AnticiPated date of commencement phase I 'lxl/Amonth demolition) c..' Approximate completion date final phase N/A month d. Is phase 1 financially, dependent on subseouent phases? 8. Will blasti6g occur during construction? 'Yes! X No 9. N~nber of joss generated; during construction 'N/A'; after project is complete 10. Number of jbbs eliminated by this project N/A. year [including _ year. N/Aves No Will project require relocation of any projects or facilities? Yes X No. If yes, explain: 12. 13. 14. 15. 16. 17. 18. 19. a. Is surface or subsurface liquid Waste disposal involved? Yes 'X_.__No.' b. If yes, indicate type of waste {sewage, industrial, et~.) N/A c. If.surface disposal name of stream into which effluent will be discharged N/A. Will' 'surface area' of existing lakes,.ponds~ streams, bays or other surface waterways be incKeased or decreased by proposal? Yes z~ No. Is project or any portion.of project located in the 100 year flood plain? Yes X No a. Does project involve disposal of solid waste? ..___Yes X No -. b, If yes, will an existing solid waste disnosal f6cility be used? Yes X No c, If yes,.give name: N/A ~ location d, tHll any wastes not go into a .sewage' disposal system or into a sanitary landfill? · Yes X Will project use herbicides or pesticides? Yes X No Will project routinely produce odors {more than one hour oer day)? Yes ~ No Will project produce operating noise exceeding the local ambience noise levels? Yes X No ~ill project result in an increase in energy use? Yes X No. If yes, indicate type!s) ~ No 20. 21. 22. If w~ter supply is from wells indicate pumping capacity N/A gals/minute. Total anticinated water usage per day N/A pals/day. · Zoning: a. Hhat is doninant zoning classi fication of site? "A" Residential & Agricultural b. Current specific zoning classification of site same as above C. !S Proposed use consistent ~vith present, zoning? yes d. If no, indicate desired zor)nq N/A .1- 26. Approvals: Is any Federal permit required? Yes X No Does project involve State or Federal funding or financing? Local and Regional approvals: Approval Required (Yes, No) (Type) Yes X No Submittal Approval (Date) (Date) City, Town, Village Board 1No City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other local agencies NQ_ Other regional agencies State Aqencies -~0 Federal~Agencies Suffolk County Planning INFORMATIONAL DETAILS Cc~mission Yes Rcc~m~ndation Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid*them. PREPARER'S SIGNATURE: TITLE: REPRESENTING: DATE: Michael J. Hall, Esq. Elizabeth J. Homan October 5, 1984 *4- EAF ENVIRONMENTAL ASSESSMENT.- PART II _Project Impacts and Their Magnitude General Tnfo~ation (Read.C~refully) - In completing tn~ form the reviewer should be guided by the question: Have my decisions and determinations been reasonaple? The reviewer is not expected to be an expert environmental analyst. - Identffying that am effect will be potentially large (col'umn 2). does not mean that it is also necessarily sipnificant. Ar:y large effect must be evaluated in' PART 3 to determine significance. By identifying an e~ect in celumo 2 simply asks that it be )ooked at further. - The Examples provided ar~ to assist the revi'ewer by'showing types of effects and wherever possible the threshol of m~gnltuoe that'would.~nigger a response in column 2. The examples are generally applicable throughput the State-and for most situations. But, for any specific project or site other examples and/or lower thresholds may be more appropriate for a Potential Large Impact rating. - Each project, on each si~e, in each locality, will vary. Therefore, the examples have been offered as guidance They do not.constitOte a~ exhausti~ve list of impacts and thresholds to answer each nuestion. - The numOer of examples pe~r question does not indicate the importance of each question. INSTRUCTIONS (Read CarefullY} a. Answer each of the 181questions in PART 2. Answer Yes if there will be an~ effect. ) · b. Maybe answers should ~e considered as Ye...~.~answers. c. If answering Yes to a)ouestion then check the appropriate box (column 1 or 2) to indicate the potential size of the impact, t.f impact.threshold equals or exceeds any example provided, check column 2. If impact will occur but!threshold is lower than ex'ample, check column t. d. If reviewer has doubtlabout the ·size of the impact ~hen consider toe impact as potentially large and proceeO to PART 3. e. If a potentially larg6 i'mbact or effect can be reduced by a change in the project to.a less than large magnitude, place a Ye~ in column 3. A NO response indicates, that such a reduction is not possible. ' 1. IMPACT ON LAND WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO PROJECT SITE? Examples that Woul~ A~oly to; Column 2 Any construction on slopes of 15% or greater, (15 foot rise per -- 100 foot of length), er where the general slopes in the project area exceed 10%. Construction on Lahd where the denth to the water table is less than 3 feet. __ Construction of paved oarkinq are~ ~r 1,~9 or more vehicles. Gon~truction on land where bedrock is exnosed or qenera)ly within 3 feet of existing ground surface. £onsSructi~m t~at will continue for more than 1 year or involve mo~e than one ~Kase pr stage. Excavation for m~nin9 purposes that would remove more than l,O00 tons of natural mJteria) (i.e. rock or soil) per vear. Construction of any new sanitary landfiI]. NO Y[S -5- SMALL TD POTENTIAk CAN IMPACT BE MODEP~AT£ LARGE REDUCED BY IMPACT !MPACT PROJECT CHANGE Construction ~n a designated floodway. Other impacts: PILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FARMS FOUND ON THE SITE? (i.e. cliffs, dunes; geological forma- tions, etc.). Specific land forms: ?~PACT ON WATER YES YES ~(ALL TO P~TE~TIAL CAN I'IPACT BE ~nOE~TE LARGE REDUCED BY )~PA~T IMPACT PROJECT CHANGE Nn YES 3. WILL PROJECT AFFECT ANY WATER BODY DESIGNATED AS j ......... ~ ~ PROTECTED? (Under ArtiCles 15, 24, 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Aoply'to Column 2 Dredginn more than lOO cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NEW NO YES BODY OF HATER? .... ...... ~ ..... · ....................... ...... ~ ~ Examples that Would Apply 'to Column 2 A 10% increase or decrease in the surface area of any body of water or more than a lO acre increase or decrease. Construction of a body of water that exceeds l~ acres of surface area. Other imnacts: S. WILL PROJECT AFFECT SURFACE OR GROUNDWATER ~IIALITY? Examoles that Would Apply to Column 2 Project will require a discharge permit. ~ Project requires use of a source of water that does not ~ave aporoval to serve proposed project. Project requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or ooeration causing any contamination of a puplic water supply system. __ Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have Inadequate capacity. ~ Project requirinq a facility that would use water in excess of 2o,QOO gallons per day. -- Project w~]'l likely cause si)ration or other discharge into an existing bsdy of water to the extent that there wi)) be an obvious visual Contrast to natural conditions. ®C Other ]moacts' 6. ~¢ILL PRQJCCT ALTER DRAINAGE FLO', PATTERNS (lR SURFA£E !lATER ,~0 YES RU.OFF? ..... : ............................................. j~jj~ Example that ~',~ould Apply tO Colurln 2 Project wnul~ imneUe flood water flows, Pro.leer is likely to cause substantial erosion, Project is incompatible with existing drainage patterns. Other impacts: : NO YES 7. ,'ILL PROJECT AFFECT AIR QUALITY? ........................... ~'~ ~"~ Examples that Would Apply to Column 2 ~ Project will !nduce 1,g'O0 or more vehicle trips in any given hqur. Project will ~esult in the incineration of mor~ then 1 ton e~ refuse per!hour. PrOject emission rate of all contaminants will excee~ 5 lb~. per hour~or a heat)source producing more than lO miQlion BTU's.per ho.ur.' Ot~er impacts: IMPACT O~ p):ANTS AND ANIMALS 8. WILC PROJECT ARFECT ANY ~HREAT£NED OR ENDANGERED SPECIES? Examples that W~uld ADDI~ to Column 2 ) · Reduction of o~e or mor~, species listed On the New York ' ~ orlFederal lis~, using ~he site, over or near site or found on the s~te. i Re'oval of any oortion of a critical or sionificant wild- ~ li~e hab~. ' ApPlication of:Pesticidei or qe~icide over more than ~ tv,ilo? a year o~her tl~n ~or ~m:¢~t. ur~l pu,-i~es.I -- Ot'l~r impacts: .NO YES GO 9. ~ILLi P~OJECT SUBSTANTIALLY AFFECT HDN-THREATE~IED OR NO YES ENDA,GERED SPECIES? ..... Examp~ that WouJd Apply !o Column 2 ero~ect would substantially interfere with any resident -- or ~igratory fish or wildlife species. -- Project requires the reran, va of more tha, le acres of m~Qre forest (over)0~ ~ears in ape) or other locally S~tALL TD P(1TENTIAL £AN IrlPACT BE ~IDERJT E LARGE REDUCED DY I:4~AC? I,°PACT PROJECT CHANGE -7- l~. ~![I.L T~E DoOJ{CT ~ECT VIEU~, ~tISTA$ 0~ T!t~ v~SU~L Nq YE~ C~A~ACTE~ O~ TH~ ;~E~SH~a~00 O~ CO""'.nT~? .............. /~/~ Examples that t~ould Apply to Column 2 An incemmatible visual affect caused by the intromuction of new materials, colors and/or forms in contrast to the surroundinb landscape. .__ A oroject easily visible, not easily screened,.that is obviously different from nthers around it. Project will result in the elimination or major screening of scenic views or vistas known to be important to the area. Il. Other impacts: 1. 2.. 3. IMPACT ON HISTORIC RESOURCES WILL PROJECT I).IPACT ANY SITE OR STRUCTURE OF HISTORIC, NO YES PRE-HISTOrIC AR PALEQ:ITOr, ICAL I)!POPTANCE7 ................. Q 0 Examoles that Would Aooly to Column 2 Project occurino wholly or martially within or contiguous to any Facility or site listed on the National Re~ister of historic places. Any impact to an archeological site or fossil bed located within the project site. Other impacts: I~PACT ON OPEN SPACE & RECREATIO~ 12. WILL THE PRAJECT AFFECT THE OUANTITY OR QUALITY. OF EXISTING NO YES OR FUTURE OPE)~ SPACES OR RECREATIONAL OPPORTU~IITIES? ...... ~ ~ Examotes that ~lould Aoply to Column'2 The permanent foreclosure of a future recreatienal opoortunity. A major reduction of an open space important to the community. Other imeacts: I~m~CT n)~ T:JNSPOPT~TION 13. UILL THERE BE AN EFFECT TO EXISTIUG TRANSPORTATIDN NO YES SYSTEUS? ............................................... QO Examoles that Would Aonlv to Column 2 Alteration of present patterns of movement of neople and/or goods. Project will result in severe traffic ~roblems. Other Impacts: OTE,.TI~L CA~J I)!PACT BE S~.ALL Tn ~ '~ " MODERATE LARGE REDUCED ~Y I~P~CT I-r~CT P~OJECT C~ANOE 14. 15. 16. IMPACT ON ENERGY ~,ILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL QR' NO YE~ ENERGY SUPPLY? "F .......... ''' ..... .... ........ : '"'", ..... ..... O0 Examples that Would Apply to Column 2 . · Project causing qreater tha~ 5% increase in any fo~ of energy used in municipality. Project reouiring the creation or extension of an energy transmission or supply system to serve ~re than 50 sinqle or'two family residences... Other impacts: ?PACT ON NOISE WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE,' VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT. OF THIS PROJECT? ....~-~ Examples that t~ould Apply to Col un~ Blasting within 1,509 feet of a hospital, school or other sensitive facility. Odors will occur routinely (~re than. one hour per day). Project will nroduce operating noise exceedin, the local ambient noise levels for noise outside of structures. Project will re~ve natural barriers that would act noise screen. Other impacts: ?PACT 0)) HEALTH & HA~R~ N~ YFS ,',ILL PROJECT AFFECT PUBLIC I{EALT~ AND SAFETY? ........ , ....~ ~ Examples that Nould Apply to Column 2 Project will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation!, etc.) in the event of accident or upset conditions, or therelwill he a chronic low )evel discharge or emission. ~ Project that will result .in the burial of "hazardous wastes" (i.e. toxic, pnisonous, highly reactive, radioactive, irritating, infectious, etc., includinq wastes that are solid, sem~-solid, liquid or contain gases.) Storaae facilities for one milli'on or more qall~ns of ]iouified natural gas or other liouids, i Other impacts: SMALL Tr) PP. TENTIAL CAi( IHPACT DE t.~DE~TE LARGE ' REDUCED BY IMPACT IHPACT PROJECT CHANGE IMPACT Cfi GR,OW~rN AND CHARACT~TR O~ COM~4UNITY OR N_rTflNRqRuOA,~ 17. WILL PROJECT AFFECT THE CHAPACTER nF THE EXISTING NO YES CO~NITY? ................................................ QO ~xa~le that Would Apoly to Column 2 The Population of the Cityj Town or Village in which the project is located is likely to grow. by more than 5% CA resident human ~opulation. The municipal budgets for capital expenditures or opera- ting services will increase by mnre than 5% per year as a result of this project. Will involve any oermanent facility of a non-agricultural use in an agricultural district or re~ve prime agricultural lands f~m cultivation. The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future proiects. Project will relocate 15 or mnre emoloyees in one or nx:)re businesses. 18. Other impacts: YES ~tALL T~-i POTE;~TIAL CAN IMPACT 8E 4OPERATE LARGE REDUCED BY It!PACT IrlP~CT PROJECT CHANGE NO IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? ....... ~ Examoles that Would Apply to Column 2 Either government or citizens of adjacent communities have expressed opposition or rejected the proiect or have not been contacted. Objections to the Project from within the community. I IF ANY ACTION IN PART 2 IS IDENTIFIED AS A ) POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETERMINE T~E MAGNITUDE OF IMPACT PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I ... PART II PART 3 Upon review of the information recorded on this EAF {Parts l, 2 and 3) aAd considerin~ both the magnitude and importance of each impact, it is reasonaoly determined that: A. The project will result in no major impacts and, therefore, is one which may not cause significant d~ma~e to the environment. B. Although the project could have a significant effect on the environment; there will not be a significant effect in this case because the mitigation measures ,described in PART 3 have been included as part of the proposed project. C. The project will result in one or more ma~or adverse impacts that cannot ~e reduced and may cause siqnificant damage to October 5, 1984 ~ / ~ S~gnature of PreParer (~f/dif~'.r'~'nt ~-~rom resnonsioie officer) Michael J. Hall, Esq. PREPARE A NEr-ATIVF DECLARATION © PREPARE A NEGATIVE DECLARATION © PREPARE POSITIVE DECLARATION PROCEED WITH EIS © Signature of Responsible Offic~ai ~n Lead Agency P~int or tyne name of responsiOie official in Lead Agency CASE NO: ....2.~.'.?....~.. ...... STATE OF NEW .YORK TOWN OF SOUTHOLD RECEIVEQ · OCT 1 91984 T~m Clerf: Soutlm IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, PETITION ¢~ . OF THE BUILDING ZONE ORDIN- NEW YORK. ELIZABETH J. - HO~LAN TO THE TOWN BOARD OF THE TOWN OF SOUTHOL 1. l, ELIZABETH J. HOMAN - residh (insert name of petitioner) Suffolk County, New York, the undersigned, am the ow southerly side of Main ..R..~..`a..d..:.....C...u.~.~..c...h..~..%.u..e..~.....N...e...w.~.~.Y..~.~.r.kand more particular: ALL that certain plot, piece or parce and improvements thereon erected, situat Town of Southold, Suffolk County, New Yo follows: BEGINNING at a monument set on the sb 20.16 feet easterly along said line from of. land now or formerly of George Braun corner of land conveyed by Anna Orlowski runni~g~thence along the southerly side East i~Q;.0: feet to a monument and land o thence along the last mentioned land, So to land of James Homan and Elizabeth J. the last mentioned land, the fo%lowinq t (!) South 51°,. 17' 110.0 feet; and (2) N feet to the southerly side of Main Road BEGINNING. 2. I do hereby petition the Town Board of the To~ amend the Building Zone Ordinance of the Town of including the Building Zone -Maps heretofore made a. pz "A" Residential and Agricultural Distric District. D: ,g at ..H...a..y...w..a...t..e...r..s......R..o...a.~;:....C...u...t..c...h..o..gue, ncr of certain real property situated~t~ ' on the ¥ bounded and described as follows: la of land, with the buildings _, lying and being at Cutchogue, rk, bounded and described as utherly side of Main Road, the northeasterly corner and at the northeasterly to said George Braun; of Main Road North 51© 17' f Raynold F. Blum; running uth 31© 28' East 165.0 feet Homan; running thence along__ wo courses and distances: orth 31° 25' West 165.0 and the point or place of 7n of Southold to change, modify and louthold, Suffolk County, New York, rt thereof, as follows: From an t to a "C" L.i~ht Industrial ..... ~'~, Page 2 IN THE ~ATTER OF THE PETITION OF ELIZABETH J. HO~.N FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFO 3. Such request is made for the followi Exhibit 1, the premises for which the ch contains 18,500 square feet with dimensi southerly side of Main Road (New York St LK COUNTY, NEW YORK ~g reasons: As shown on ~nge of zone is sought Dns of 110 feet on the ~te Route 25) and a depth of 165 feet. On the premises therle is a one story, one family residence and a detached garage. I This property is adjacent to other land of your Petitionelr and her husband, James Homan, which is zoned partially "C" Light Industrial District and "A" Residential and Agricultural. See Exhibits 1 and 2 which are at%ached hereto. / UPOn this adjacent property is located a residence, garage, offic~ building, and a large commercial Ibuilding which contains the wholesale/retail seafood business o4 George Braun Oyster Co., Inc. The ingress and egress to the seafood business, although adequate, could be improved if the subject parcel was zoned . "C" Light Industrial District and the e~isting driveway would be widened to approximately 30 feet to~ accommodate the trucks and other vehicles which have need to h~ve access to the large commercial building in the rear of the ~djacent property. Improving the ingress and egress to,this buildin~ would provide a safer and more efficient access as well as-providing better access to the parking lot to %he,east of the commercial building. As seen from Exhibit 2, the qhanging of the zone classif{cation to "C" Light Industrial Qistric% will square off the present industrially zoned property so the land can be used in a more efficient manner. / The building on the property for which the zone change is sought, will remain a residence for one,of the employees of the~George Braun Oyster Co., Inc. in th~ immediate future. In the future as the area continues to chaQge, the building could be converted to a small office buildinq~with adequate 6ff- street parking in the rear of same. T~ only change contem- plated to the property at %he present t~me is wideninq the driveway to provide better access for the George Braun Oyster. Co., Inc. which has been an active wholesale/retail seafood business in the Town of Sou%hold for over 50 years. Bordering on the premises on the easterly boundary is an active vineyard operated by Peconic BaylVineyards, Inc. Immedi- ately across the Main Road (New York StRte Route 25) to the north of the subject premises is an active farm stand and to the east of this farm stand is the Pinewood Landscaping operation and the Key Food Shopping Center. 4. Exhibits Accompanying Change of Zon Exhibit 1: Map to Accompany App!ic Zone from "A" to "C" fc prepared by Roderick Va July 27, 1984. Exhibit 2: Excerpt of the Zoning showing the zoning of e Petition: ation for a Change of r Elizabeth J. Homan n Tuyl, P.C. dated ap of the Town of Southold he surrounding areas. (L. S.) .... < .~ ........ Eliz~eth J. Homart STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ELIZABETH J. HOMAN BEING she is the petitioner in the within action; thatshe has r~ the contents thereof; that the same is true to l~g~ (her) therein stated to be alleged on information and belief, and to be true. (L. S.)<' Sworn to before me this . .5.t..h. day of ... '..Q.~.t..o~..e.r... ........ 19.8..4. Notary Public. ~,ABETTE ~NINE NOTARY PUBLIC, State of New York Suffolk Ceunly No. 52-5792800 Commission Expires March 30, DULY SWORN, deposes and says that ad the foregoing Petition and knows ,wn knowledge, except as to the matters that as to those tna±tersshe believes it ~ .~.~ .. El~abeth J. TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of ELIZABETH J. HOMAN to the Town Board of the Town of Southold.. TO: Revnold F. Blum 122 Cross Road Oakda'le, N.Y. 11769 Richard L. Gibbs Main Road Cutchogue, ,N.Y. 11935 Marilyn Kaelin 'S~illwater A~'enue Cutchogue, N.Y. 11935 NOTICE Dennis M. Blaike & · V~da R. Blaike S%illwater Avenue Cutchogue, N.Y. 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to · requesta change of zone from "A" Residential & Agricultural to "C" Light Industrial District. 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes- cribedas~ollows: North by Main Road (New York State Route 25); East by Reynold F. Blum; South by Reyno!d F. Blum and Marilyn Kaelin; and West bv Dennis M. Blaike and Veda R. Blaike and Marilyn Kaelin. 3. Thattheproperty whichisthesubjectofsuchPefitionislocatedinthefollowingzoningdistrict: "A" Residential and Agricultural District' 4. That by such Petition, the undersigned will requeslt that the above-described property be placed in the following zone district classification: "C" Liqht Industrial District 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. - 6. That before the relief sought may be granted, a public hearing must be held on the r0atter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;[ that you or your representative have the right to ap- pear and be heard at such hearing. , Dated: October 5, 1984. ' ' ?etitione(JElizabe%h ~/. ~r~an Post Office Address: Hal/waters Road Cu%chogue, New York 11935 NAME PROOF OF MAILING OF NOTICE ADDRESS Reynold F. Blum Richard L. Gibbs 122 Cross Road, Oakdale, New York 11769 Main Road, Cutchogue, New York 11935 Dennis M. Blaike V~la R. Blaike i~{.ar~i]~/n IKaet in 7 r 6 (See Reverse) SEN/TO Marilyn Kaelin STREEYANDNO. Stillwater Avenue P.O., STATE AN D ZIP CODE Cutchoque, N.Y. 11935 ~STAGE Stillwater Avenue, Cutchogue, New York 11935 Stillwater Avenue, Cutchogue, New York 11935 ] SENT TO Dennis M. & Veda R. Blaike Stillwater Avenue P.O., STATE AND ZiP CODE Cut choq~e_~_~N .%. 11935 [ SPEC!AL D~LIVERY ~ ¢ RESTRICTED DEL[VERY SHOW TO WH0~ AND SHOWTO WH0?¢. DATE, i SffCW TE' WHOM Ar,!g DAT~ CEL,VE~ (See ¢ SENTTO Reynold F. B!um ~122 Cross Road i P,O.. STATEANDZi?CODE i Oakdale, NY 11769 Beebe Drive ¢ Cutchogue, New Elizabeth A. Lademann , residing at York 11935 , being duly sworn, deposes and says that on the day of October ., 19 84 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the'Town of Southold; that said Notices were mailed at the United States Post Office at Southold, New York ;that said Notices were mailed to each of said persons by (certified) (r~t~]~6~) mail. ': Eleizabeth A~ Lademann Sworn to me this dayof October ,1984 ' No.~1.47 _ _ 4,/