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HomeMy WebLinkAboutCostello, John A. Amend #121THIS IS TO CERTIFY TH:AT THE FOE, LOWING RESOLUTION WAS ADOPTED BY THE SOUTHOILD TOW'N BOARD AT A REGULAR MEETING HELD ON DECEMBER 3, 1985: WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by ........... .J..°...h..n.....A..'.....C..°..s..t..e.l!.°. .......................................... requesting a change, modification and .a:menqlment of the Building Zone Ordinance including the Building Zone Mops m!ode a part thereof by chang- "A" Residential and i "M" Light Multiple ng from ....... ..A.g..r.i..c..u.!.t..u..r..a..I ............. District t~ .......... .R...e..s.[d.e..oq.e. ...... Di,strict the property described in so.id petition' and WHEREAS said petition was duly referred investigation, recommendation and report, and with the Town Board, and thereafter, a public petition having been duly held by the Town B of ............ .O..c..t..o..b...e..r. ..................... , 19...8..5..., and had thereon to the I~lanning Board for its its report having been filed hearing in reJation to said ,ard on the ...... .2..9.t...h. ...... day due deliberation having been NOW, THEREFORE, BE IT RESOLVED tha' petition be, and it hereby is GRANTED. DATED: December 3, 1985. SOUTHOL[ the relief demanded in said TOWN CLERK WILLIAM W. ESSEKS MARCIA Z. HeFtER CHARLES F~. CUDD¥ STEPHEN R. ANGel JAMES H EFFRON ESSEKS, HEFtER? CUDDY <~ ANGEL COUNSELORS At LAW 108 EAST MAiN S~JREET P. O. Box ,~79 RIVERHEAO, N.Y. JlgoI TEt-EX EHCA ~523~G UW / Town Board Town of Southold Main Road Southold, New York 11971 Dear Board Members: March 3, 1986 WATER IV~ILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL. N.Y. 11976 (516) 726-6833 John Costello is the fee owner of approximately 50 acres of land on the west side of the Village o~lf Greenport all within the Town of Southold. I On December 3, 1985 the property was r~zoned upon his petition to "M" Light Multiple Residence zoningll status. An informational hearing was recently held concerning a I. proposed amendment to the Master Plan 9nd/or the rezoning of various parcels throughout the Town. From this informational hearing it would appear that the subjee~ parcel, which had recently been rezoned as aforesaid, is'lgoing to be rezoned to two acre residential status. I This rezoning seems inappropriate. Weiassume it is an oversight. We call this to your attention and ask for your advice as to whether or not there is a~y zoning change proposed for the subject premises. I We await your advice. I Very trluly yours, v. William W. Esseks WWE:Cf Copy: John Costello · NO'~'iCE ¢'~F AMEND-O'.'Tk~NT T'O SO' ' '~ ",%CC'?. ~NDRgE~ NO. 121 NOTICE ~S ~ at a meeting of ~e. Town Bo~d of ~he To'~ of 8outhold, S~o~k Cowry, New york, held on the 3~ day of D~e~er, 1985, the To~ Board enac~d ehe following amendment ~ the Town C~e entitled, "C0~:~f~he Town of~utholff', ~geth~r with. ~he BuiMMg ~ne Map foxing a pa~ ~her~f as follaws, to ~t: ~endment No. 121 amends the Code of the To~ of ~uthold ;by changing ~om "A" ~siden- rial ~d Agric~t~al District ts ~."M" Ligh~ Multiple Residence Dis~c* the prvpe~y' of Jo~ A. Cos~eHo situat~ a~ Greenpo~, Town of ~uthold, ~d more par- tic~iy bonded ~d descflbed as follows: BEGGING at the poMt of interse~ion of ~e eas~rly line of Moore's L~e .with the so~h- co~es: .(~) No~h 66 de~ees 09 minu~e~ 10 ~onds East 9~.~1" fee~; thence (~) 0~ minutes 10 s~ends East ~85.10 fee~; ~hence (3) No~h de~s g8 mHnu~s ~0 se~nds ~ast 81~.6~ ~feet t9 the wes~rIy line of a subdivision kno~ as seconds East i4~0.I i'~e~tlto land of Village of Greenpor~; thence ~;:along said-land of Village of :;~reenport, two courses:.(t ) South ~.! ,I i i : l ; I il i I l l;,lli,l, i lJ .~OIIY, h t4 degreeq. 45 minutes 00 q'conds Wesl, [17().00 Ibc1. to sai¢~ tNl~;l[.,i'[y line of Mooro's [,ilrle: 'l hence ahm~, said easterly line of MUI.~T~'S [,lille. N()F[ h. 17 degreos "15 Ininules 00 sr:i'~h;ds Wesl 152;I.:22 feet to the!ls,i~ t of BE- {.IINXIN¢] Con1 a"[:nib, g 48.7181; "-IUDi'['Ii '~'. TFRRY SOt YI"ltOLI]:TOW N CI..EI{K 1TDI2-5102 ::" $¥~TE OF 9JEW YORK ) COUNTY OF SUFFOLg~ )}SS: ly sWorn,~says tha' we~ day "Fleetfield"; thence 'along said C~y~ westerly line of "~eetfmld'~' / ~ __ of Greenport. inl : ,'and that the Notice of which'the a . has been regularly published in ANN M. ABATE rn to before m~ this / .H~ RY PUBLIC, State oi Nmw York NOTICE Oi: AMENDMENT !'O SOCTHOL D TOWN CODE AMENDMENT NO. 121 EN dmt a~ '~ mfiefing qf 'l'ow6 Board of"l'he :l"o~:n of Southoht. Suff61k Coud~'. NeW York, ~elfi on' die 3eft. day of Dec&n~ber.' lqSS, 'tl~e Town Board ¢,~aeied ?he following amendment '.o the Town Cbde enlitled. "Cede of Ihe Town of Somhold.;~ '{og~tiier a'ilh Building Zone Map fi~rming bari Ihereof as fnllowb, to wit: Amendment No. 121 end~ The Code o{ the I'own Sotlthold by changing from "A'" Rc~sid~nt~al an~ .Agrleul- [brai' Distrlc:~ to "'M" Ligh~ Muhiple Residene~. Di~triel the properl3 of 3dl~ :'~. Cos- milo sffuated a[ Gr&enpo~, Town of Superhold'.' 'a~i'd m6re particularly botJnde~:' and scribed aa folluws: : BEGINNING at a.'.poi,~i intersection of ibc ea:;{erly line of Mborc's l.ane with the nnmhcrly Ii,re of M'iddie Road (Couwy Road 48), ~aid poim being Ihe nortl~csterlv corner of the p,-e,ni~es hurcih describ- ed;' ~nning thence- aJ~ng saiO". somberly lh}e oi~:~iddie Road th,'ee coursc~: (.D'.tNm~h degrees. 0q minulug..10 see- oi{ds East 96.b1 fcic; thenck (2) Nur~ll 6~ degrees. 02 miff- u~es,. ;0 secund~ East 985.10 feet; henc&('~) North 7.1 d'~- ly line of u subdlvis}on known as "Flee[field'S..Ibc,ce along said wes~er{9 line of ".Flcer- l]eld." Sn,;~. !6 d~,grees 0l minu~e~ 50 .~eeonds ..East 1450.11 feet I~ land iff Village of Grce;~port: Ihence along ~aid ;and ~)f Village or' Green- port. two eom"scs: ([) Souih degrues IS' minutes (}0 ~ec- ands Wcsl 71'~:'0~ ~{~e{~ {hen~e (2) South ?4 de'8ryes. 45 utes 00 s~c'onds West 670.00 lyre to said eahldriv line of Moore'~ f.~lne: lhencc ahmg ,;aid easterly llne ~ff Moore's I.ane. North 1~ ~legrees, mimil,~s, 00 seconds West 1~23.,,.. feet to {he point of BEGINNING. Containing 48.7180 acres. DA]ED: December 3. !985. JU DI'IH 'l. TERRY SOUTH'OLD TOWN ITel2,' COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia .Wood, being duly. sworn, says that she is the Editor, of THE I'ONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed~t Southold, in Suffolk County; and that the notice of whic~ the annexed is a printed copy, has been published in said Long sland Traveler-Watchman once each week for ...................... /. ..... weeks successively, commencing o: the ................. d ay/of-77~.~.. ~.., 19..~... /~'x Sworn to before me this .~'. ~.<~..~.~..~.~.... ....... /..~. .......... day of Notary Public BARBARA FORBES N°tar~ Public, State of New York J No. 4805846 Qu~alified in Suffolk County ~ Commlssion Expires March 30, 19~ STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, York, being duly sworn, years; Town Cler of the Town of Southold, New hoa~ she is ovel the age of'twenty-one says t ~ that on the 6th day December 1985 , she affixed a notice of which the annexed printed n and substantial· manner, in a most publ Suffolk County, New York, Town Clerk. Bulletin otice is a true copy, in a proper c place in the Town of Southold, to wit: Board, Scuthold Town Hall, Main Road, Southold, New York 11971. / Notice of Amendment to Town Code,· Amendment No. 121, John A. Costello, petition from "A" to "M".Greenpo~-t, Town of Southold, NeW' York. / Sworn to before me this· 6th day of December 19 85 Notary Public ~H ANN NEVILLE ~qOTAKY PUI~UC, State of New York ,No. 52-1~'125850, Suff..~l~ Cou~. Judith T. Terr~' Southold Town Clerk !il of the Town of Southold, Suffolk Count of December, 1985, the Town Board en~ Town Code entitled, "Code of the Town Building Zone Map forming a part there Amendment No. 121 amends the Ca from "A" Residential and Agricultural rt District the property of John A. Costel Southold, and more particularly bounde BEGINNING at the point of inters~ Lane with the southerly line of Middle being the northwesterly corner of the thence along said southerly line of Mid degrees, 09 minutes, 10 seconds East 02 minutes, 10 seconds East 985.10 fee minutes 20 seconds East 312.64 feet to as "Fleetfield"; thence along said weste 01 minutes 50 seconds East 1450.11 feet along said land of Village of Greenport, NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AMENDMENT NO. 121 NOTICE IS HEREBY GIVEN that a~ a meeting of the ToWn Board New York, held on the 3rd day ~cted the following amendment to the of Southold", together with the ~f as follows, to wit: de of the Town of Southold by chan§in istrict to "M" Light Multiple Residence o situated at Greenport, Town of and described as follows: ion of the easterly line of Moore's ~oad .(County Road 48), said point .remises herein described; running lie Road three courses: (I) North 66 5.61 feet; thence (2) North 69 degrees,I thence (3) North 71 degrees 28 ~e westerly line of a subdivision know~ fly line of "F~leetfield", South 16 degree~ to land of Village of Greenport; thence two courses: (1) South 58 degrees, 15 minutes 00 seconds West 714.04 feet; minutes 00 seconds West 670.00 feet to thence along said easterly line of Moore / 00 seconds West 1523.22 feet to the point acres. DATED: December 3, 1985. , thence (2) South 74 degrees, 45 said easterly line of Moore's Lane; 's Lane, North 17 degrees, 15 minutes, of BEGINNING. Containing 48.7186 JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, DECEMBER 12 AFFIDAVIT OF PUBLICATION TO JUD TOWN HALL, MAIN ROAD, SOUTHOLD Copies to the following: The Suffolk Times The Long Island Traveler-Watchml Town Clerk's Bulletin Board John A. Costello 1985, AND FORWARD ONE (1) FH T. TERRY, TOWN CLERK, NEW YORK 11971. NOTICE OF AMENDMENT .TO SOUTHOLD TOWN CODE AMENDMENT iNO. 121 NOTICE IS HEREBY GIVEN that of the Town of Southold, Suffolk Cou of December, 1985, the Town Board e Town Code entitled, "Code of the Building Zone Map forming a part the Amendment No. 121 amends the from "A" Residential and Ag.~icultural at a meeting of the Town Board ~ty, New York, held on the 3rd day nacted the following amendment to the ,n of Southold", together with the ~eof as follows, to wit: ;ode of the Town of Southold by changing District to "M" Light Multiple Residence Distric~ the property of John A. Cost'ilo situated at Greenport, Town of Southold, and more particularly bounc BEGINNING at the point of inter,. Lane with the southerly line of Middle being the northwesterly corner of the thence along said southerly line of Mk degrees, 09 minutes, 10 seconds East 02 minutes, 10 seconds East 985.10 fez minutes 20 seconds East 312.64 feet to as "Fleetfield"; thence along said wes~ 01 minutes 50 seconds East 1450.11 fez along said land of Village of Greenpor' ed and described as follows: ;ection of the easterly line of Moore's Road .(County Road 48), said point premises herein described; running die Road three courses: (1) North 66 96.61 feet; thence (2) North 69 degrees,~ ~t; thence (3) North 71 degrees 28 i the westerly line of a subdivision known ~rly line of "F, leetfield", South 16 degrees ~t to land 'of Village of Greenport; thence :, two courses: (1) South 58 degrees, 15 minutes 00 seconds West 714.04 feel; thence (2) South 74 degrees, 45 minutes 00 seconds West 670.00 feet tc thence along said easterly line of Moor 00 seconds West 1523.22 feet to the po acres. DATED: December 3, 1985. JUl said easterly line of Moore's Lane; ~'.s Lane, North 17 degrees, 15 minutes, int of BEGINNING. Containing 48.7186 ,ITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, DECEMBER 1 , 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDIITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD! NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchm~In Town Clerk's Bulletin Board John A.' Costello NOTICE OF AMENDMENT .TO SOUTHOLD TQWN CODE AMENDMENT IND. 121 NOTICE IS HEREBY GIVEN thatiat a meeting of the ToWn Board of the Town of Southold', Suffolk County, New York,. held on the 3rd day of December, 1985, the Town Board ~nacted the following amendment to the Town Code entitled, "Code of the ToWn of Southold", together with the Building Zone Map forming a part thereof as follows, to wit: Amendment No. 121 amends the ~ode of the Town of Southold by changing from "A" Residential and Agricultural District to "M" Light Multiple Residence District the property of John A. Costello situated at Greenport, Town of Southold, and more particularly bounc~ed and described as follows: BEGINNING at the point of inter~ection of the easterly line of Moore's Lane with the southerly line of Middle! Road .(County Road 48), said point being the northwesterly corner of theI premises herein described; running thence along said southerly line of Middle Road three courses: (I) North 66 degrees, 09 minutes, 10 seconds East 196.61 feet; thence (2) North 69 degrees, 02 minutes, 10 seconds East 985.10 fe~t; thence (3) North 71 degrees 28 minutes 20 seconds East 312.64 feet to the westerly line of a subdivision known as "Fleetfield"; thence along said westerly line of "Eleetfield", South 16 degrees 01 minutes 50 seconds East 1450.11 fe~t to land of Village of Greenport; thence along said land of Village of Greenpori, two courses: (1) South 58 degrees, 15 minutes 00 seconds West 714.04 feel; thence (2} South 74 degrees, 45 minutes 00 seconds West 670.00 feet said easterly line of Moore's Lane; thence along said easterly line of Moore'.s Lane, North 17 degFees, 15 minutes, 00 seconds West 1523.22 feet to the po;nt of BEGINNING. Containing 48.7186 acres · DATED: December 3, 1985. JUDITH T. TERRY SOUTI~OLD TOWN CLERK PLEASE PUBLISH O~CE, DECEMBER 1~, 1985, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDliTH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLDt NEW YORK 11971. Copies to the following: ~' The Suffolk Time~raveler_Watchman The Long Island ' Town Clerk's Bulletin Board John A; Costello JUDITII T. TERRY TOX~ C [.ER K REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHO~D December 6, 1985 Van Tuyl Land Surveyors: Attached hereto is Amendment No. 121 to the John A. Costello property. Please update the ne four (4) copies of same. Thank you. Town Ha~l, 53095 Main Road : P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Southold Town Zoning Map - cessary sheet and send me JUDITH T. TERRY TO~ CLERK REOISTRAR OF VITAL STATISTICS mental Impact Statement indicated that no signil are' likely to occur should the project be implen Further information may be obtained by cot Town Clerk, Town Hall, Main Road, Southold, Copies to: Charles Hamilton, DEC, Stony Br Commissioner Williams, DEC, Alba Town Board Members Southold Town Planning Board Southold Town Building Departme Suffolk County Department of Pla Suffolk County Department of He; Town Clerk's Bu:l'letin Board 'icant adverse effect to the environment ented as planned. tacting Mrs. Judith T. Terry, Southold qew York .11971. vok ny nt nning dth Services Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE C (516) 765-1801 OFFICE OF THE TOWN LERK TOl~'q OF SOIJTHOLD NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: December 3, 1985 / Pursuant to Article 8 of the EnvironmentaI Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 917.10 and Chapter 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 below, has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACT~IIOIN J Petition of John A. Costello for a Change o~ Zone from "A" Residential and Agri- cultural District to I'M" Light Multiple Residence District on certain property located at Greenport, Town of Southold, at the southeast corner of the intersection of Moores Lane and County Route 48. / / The project has been determined not to haqe a significant effect on the environ- ment because a Draft Environmental Impact Stal~ement has been filed and circulated and there have been no comments in the allotted time, and because this Draft Environ- RECEIV OEO To~m C~er~ Southold Southold, N.Y. 11971 · (516) 765-1938/ Decembe~ 3, 1985 Mrs. Judith Terry Town Clerk Town Hall Southold, NY 11971 Re: Costello Rezoning DEIS Dear Mrs. Terry: The following action was taken by Board, Monday, December 2, 1985. RESOLVED that the Southold Town Pi report of David Emilita dated Novembel these comments to the Town Board to g~ to the Costello Rezoning DEIS. the Southold Town Planning ~anning Board accepts the 25,1985 and forwards on record with regard attachment cc: Town Board Town Attorney By Dian~ M.Schultze, Secretary Attached is a copy of that report for your review . If you have any questions, please don't hesitate to contact our office. . Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOL[ TOWN PLANNING BOARD P D T~ LD Southold, N.Y. 11171 (516) 765-1938/ The Planning Board wishes to go on re~ord with regard to the Costello Rezoning DEIS. The ~EI~'i~ basically, very similar to the one prepared for the former annexation eflfort and so much of its content has been reviewed and commented on previously. This project, however, has potentially significant and different impacts from the annexation and thesel need to be addressed. These are as follows: 1) "M" Zone vs "~D" District The "M' Zone will not entirely accomplish the applicants stated desire, that is to produce affordable single family lots. Nor will it in itself accomplish affordable housing of any kind. It is thus recommended that the 'HD" District be applied to this site as soon as feasible. In the interim,: covenants and restrictions should be utilized or a rezoning conditioned on the provision of · affordable housing as defined by the Town. 2) Impact on on-site-well It has not been clearly demonstrated What effect that 180 dwellings on 48 acres will have on an|on-site well in terms of recharge quality. Input from the Village water system and the County Health Department would seem necessary in this regard. Existing water quality in the test well is acceptable, but there will-be a loss of recharge due to consumptive use and wastewater' collection, and there will be an introduction of lawn fertilizers and other household contaminants into: the recharged groundwater.' The impact on groundwater, (and the on-site well) has not been: stated. Input from the Village of Greenport'siwater system and from the Suffolk County Department of Health would also seem necessary the event that one or both public utilities would prove to be" unavailable. ( A letter from the Health Department on the annexation alternative is included in:this. DEIS. We don't' feel.. this is acceptable as a review of this project under SEQR.) . In conclusion, we agree With the stated merits of the rezonin~ i' .proposed, but some conditions need'tO be placed on it to aSsurlel the Town that the stated purpose willibe achieved. DE ~ ;~.iJJ:'i{l':,%~,. 2C:J Wig;:;;;.4 Lan:, i;-E}~2,;I''r~ AI'"i~.~.lgg' :-"D?: ,~ ~pnged so ~ ~o allow ~he '. p~ooe~ ~ be developed for multiple r~mdence use. ~f. Suffo!k southeast corner oil.' ' '~he ~rsect~on of La~ and Goun~7 Road 48. ~' ' ~S~ D~TE~NATION: A~. s~temen~ ~8 been pmpamd~" ,, -. , . -. ,~ . .:. . '.,., . .... C~, ... 'F- 'i%. '!" . the' Contact Person indicated STATE OF NEW YORK ) . ) SS: C~ONTY OF SUFFoLK ) Mary K. Degnan ' . of GteenporL in s;id CounW, being duly sworn, says that he/shale Principal Clerk of TIlE suFFOLK TIMES, a Weakly ~eWSpaper,. published at Greenport, in the Town o [ Southold, County of SUffolk and state<Of'New ork, and that the.N0tiCe of which tho annexed is printed copy~ has been rqgu!a ,ublishe'.d in seks successively,' Commencing on the . 2 ] ayof. October, 19~ ' ~ ./ ~ -/ piincipal S~ate of New ~: '~NO'll(li OF RI.:CEII3T (.)F DRAFT ENVIRONMENTAL IMI)AC'I' S'I A'I'EM ENT I)alC: Oclob~r 2~, 1~8S APPH('ANT: John A. Co~,- tello. ADDR'I~hS: 206 Wiggins I.a. (;reenporl, Ne~ York li944. l ~R. zlT APPLIED PE'I'II ION Ni:MITER: ('hange of 7on~' fi'nm' and Ag'ic~hura! Dis[t'i:t to "M" Li~hL M.tfipk~ Resi- d<~cc I)islricl. Petition No. ~7(}. PROJECT DESCRIIrl ION: Petitioner i~ de~it'o~fs of havin~ Ihe 7{ming ~Ii~Ttl% (q' the pro- perry changed ~o'as to allow thc propcl ty (o bu. duvclopcd for mt~hiple resident? usc. PROJECT ,,O( ~TION: Gl'eenpoi't. C'OUHly O{' Suf!~)lk. corner o1: lhe hater~eciion Moore'~ Lane alid (:OLIlitV R~. 48. SEQR bE'tERMINAl'ION: A draJ'L cnvir,~nmeni:fl impaei ~l~lOlllelH Ilas been prcl)arcd o. flliS pi'[~{cct and is on ilk'. SEQR I,I:AD A(;I~NCY: ~otnhold l¥)wn Board. ,WAif..'%lIll.l'r'e FOR PUB LTC COMM'E~'I" Th< drafl e?lX h'ouTl~elilai impacl Slaie- menl may be revic~xed al MibtH{llOd Itl Ibc ('~'!llgC'l Per- so~ indicaled belo~ no later Ihun November CON'I'AC'I iq{l{hON: .ludhh l'. 'l'errv 'l'own Clerk. Tc),,~ n SO:ll'hold, Wo~fl Hail, Main Ro~t, SOULI:oILI. NeW Yol'k ilq~l: (SI6} 76S-1MfH. . IT-lO,' COUNTY OF SUFFOLK ss: STATF OF N[W 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 ....... .'-.?./...'~.. ....... ......... Sworn to before me this ....... .~?f...~.. ..... day of ....... ....... , Notary Public BARBARA FORBES l'qotary Public, S~ate of bTew York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 fig' JUDITH T. TERRY TOWN CLFRK REGISTRAR OF ~ITAL STATIST CS OFFICE OF THE TOWN ICLERK TOWN °F sourt/O, D Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765~1801 NOTICE OF RECEIPT OF DRAFT ENVIRONI~IENTAL IMPACT STATEMENT APPLICANT: ADDRESS: Date: O.:tober 29, 1985 John A. Costello 206 Wiggins Lane Greenport, New York 11944 PERMIT APPLIED FOR AND PETITION NUMBER:I Change of zone from "A" Residential and Agricultural District to "g" Light !Multiple Residence District, Petition No. 270. PRO.~ECT DESCRIPTION: Petitioner is desirous~f having the zoning status of the /property changed so as to allow the property to be developed for multiple residence use. . / PROJ'ECT LOCATION: Greenport, Town of Southold, County of Suffolk, south- [east corner of the intersection of Moore's Lane and County Road 48. SEQR DETERMINATION: A draft environmental pn this project and is on file. SEQRI LEAD AGENCY: Southold Town Board. AVAIl_ABILITY FOR PUBLIC COMMENT: The dr. may be reviewed at the address listed below be submitted to the Contact Person indicate, CONIACT PERSON: Judith T. Terry, Town Cie Town of Southold, Town H~ Main Road, Southold, New (516) 765-1801 impact statement has been prepared tft enVironmental impact statement Comments on the project must below no later than November 29, rk II 'ork 11971 Page 2 : Costello Draft Ero" . ,,PLEASEiPUBLISH ONCE, OCTOBER 31, 1~85, A[ 'i OF PUBLICATION TO JUDITH T. TERRY, TOWI~ "i, SOUTHOLD, NEW YORK 11971. .,'.~.CoPies to the following: The Suffolk Times · ,Th~ Long Island Traveler-Watchman I~0Wn Board Members ~',6~thold Town Planning Board 'Sl~thold Town Building Department ~vn Clerk's Bulletin Board I)Q~rles Hamilton, DEC, Stony Brook ~mmissioner Williams, DEC, Albany '~.,~,~folk Country Department of Planning :S~ffolk County Department of Health Servi, ID FORWARD ONE (1) AFFIDAVIT CLERK, TOWN HALL, MAIN ROAD, STATE OF NEW YORK: SS: COUNTY OF SUFFOlk; JUDITH T. TERRY, York, being duly sworn, years; that on the 29th notice of which the Town Clerk says that day of annexed printed of the To~n of Southo[d, New October 1985 , she af~x~3 a and substantial manner, in a most public place in the Town of Soulhold, Suffolk County, New Y6rk, to wit: Town Clerk Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Notice of Receipt of Draft E~vironlnental Impact Statement: John A. Costello Change of Zone petition' from "A" Residential and Agricultural District to "M" [right Multiple Residence District, on certain property containing ~B,718 acres located at the southeast corner of Moore's Land and County~ Route qB, Green~rt, Town of Southold, New York. -" Judith T. Terry Southold Town Clerk 29th day of October 19 85 .... ~,_~. Q ~-Y;~', ~ % ~ Not ai-y Public OFFICE OF THE TOWN CLERK TOWN OF $OUTHO~D Town Itall, 53095 Main Road P.O. Box 728 Southold, New York 11971 NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: October 25, 1585 APPLICANT: John A. Costel[o ADDRESS: 206 Wiggins Lane Greenport, New York 11944 PERMIT APPLIEO FOR AND PETITION NUMBER: Change of zone from "A" Residential and Agricultural Multiple Residence District, PetiBon No. 270. District to "M" Li,ght PROJECT DESCRIPTION: Petitioner is desirous of having the zoning status of the property changed so as to allow the property to be developed for multiple residence use. PROJECT LOCATION: Greenport, Town of Southold, County of Suffolk, south- east corner of the intersection of Moore's Lane and County Road 48. 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 sta'Iement may be reviewed al, the address listed below. Comments on the project must be submitted to the Contact Person indicated below no later than N~vember 29, CONTACT PERSON: Judith T. Terry, Town Clerk Town of Southold, Town Hall Main Road, Southold, New York 11971 (516) 765 1801 Page 2 - CostelJo Dra~.. ElS PLEASE PUBLISH ONCE, OCTOBER 31, 1985, AND FORWARD ONE {1) AFFIDAVIT OP 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 /~iembers 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 OFFICE OF TIlE TOWN CLERK TOhN OF SOU/'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 NOTICE OF RECEIPT OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Date: October 29, 1985 APPLICANT: John A. Costello ADDRESS: 206 Wiggins Lane Greenport, New York 11944 PERMIT APPLIED FOR AND PETITION NUMBER: Change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District, Petition No. 270. PROJECT DESCRIPTION: Petitioner is desirous of having the zoning status of the property changed so as to allow the property to be developed for multiple PROJECT LOCATION: Greenport, Town of Southold, County of Suffolk, south east corner of the intersection of Moore's Lane and County Road 48. SEQR DETERMINATION: A draft environmental impact statement has been prepared on this project and is on file. SEQR LEAD AGENCY: Southold Town Board. AVAILAEILITY 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 ne later than November 29, I985. CONTACT PERSON: Judith T. Terry, Town Clerk Town of Southold, Town Hall Main Road, Southold, New York {516) 765-1801 11971 Page 2 - Costello Drat( ElS PLEASE PUBLISH ONCE, OCTOBER 31, 1985, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN BALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman 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 ~ 7/ DRAFT ENVIRONMENTAL IMPACT STATEMENT RELATING TO THE REZONING FROM "A" {RESIDENTIAL AND AGRICULTURAL) TO "M" (LIGHT MULTIPLE-RESIDENCE} OF CERTAIN LANDS OF JOHN COSTELLO LOCATED WITHIN THE TOWN'OF SOUTHOLD~ SUFFOLK COUNTY, NEW YORK:,. IN ACCORDANCE WITH THE PROVISIONS OE ARTICLE XV OF THE SOUTHOLD TOWN ZONING CODE. LOCATION: APPLICANT: 48.718 acres located within the Town of Southold at the southeast corner of the intersection of Moore's Lane and Middle Road (County Road 48) John A. Costel{o 206 Wiggins Lane Greenport, New York 11944 (516) 477-1393 LEAD AGENCY: Town of Southold Town Hall Main Road Southold, New York 11971 (516) 765 1800 PREPARER: Peconic Associates, Inc. Merlon ~=. Wiggin, PhD.. President and Planners East Incorporated Arthur F. Brod, Jr., AICP, President One 8ootleg Alley Greenport, New York 11944 (518) 477 0030 DATE OF PREPARATION: October 1985 0CT 2. 9'~ DRAFT ENVIRONMENTAL IMPACT STATSMSNT TABLE OF CONTENTS Paqe Cover Sheet ...................... i Letter of Transmittal ................. ii SUMMARY ..................... 2.0 DESCRIPTION OF THE PROPOSED ACTION .......... 6 .i Project Purpose and Need .............. ? .2 Location of Proposed Rezoning .......... 9 .2 ENVIRONMENTAL The .12 .15 The .21 .22 .23 SETTING ............... lB Natural Environment .............. Oeology and Groundwater ............ Topography and Landform ......... Water Resources .............. 14 Air Resources ................ Terrestrial Ecology .............. 18 Euman or Built Environment .......... 19 Transpo[tation ............... Existing Land Use and Zoninq ......... 22 Community Facilities and Services ...... 29 ~emographic Factors ............ Cultural Resources ............... 42 IMPACTS OF THE PROPOSED ACTION/MITIGATION MEASURES - - Impact on the Natural Environment .......... .11 Geology and Groundwater ............. .12 Topography and Landform ............. .13 Water Resources ................ .14 Air Resources ................. .15 Terrestrial Ecology ............... Impact on the Human or Built Environment ....... 5.0 6.0 7.0 8.0 .21 Transpoctation .............. .22 Land Use .................. .23 Community Facilities and Services ........ .24 Demographic Factors ............... .25 Cultural Resources ............... 43 44 44 45 45 46 46 47 ~? 48 49 60 60 ALTERNATIVE ACTIONS ................ 61 IRREVERSIBLE AND IRRETRIEVABLE COMMITTMENTS ..... 72 GROWTH-INDUCING IMPACTS .............. 74 EFFECT ON USE AN~ CONSERVATION OF ENERGY RESOURCES - - 75 iI' LIST OF FIGURES PAGE FIGURE 1 - SURVEy ~AP OF PROPOSED PARCEL FOR REZONING - - - 12 FIGURE 2 - TOPOGRAPHY MAP ................. 15 FIGURE 3 - PROPOSED ZONING MAP .............. 25 iNDEX OF APPENDICES APPENDIX NO. 1 - PETITION FOR REZONING AUGUST 14, 1985 ............ A-1 APPENDIX NO. 2 AFFIDAVIT OF MAILING - NOTICE OF PROPOSED ZONING CHANGE - NOTICE TO ADJACENT PROPERTY OWNERS AUGUST 15, 1985 ........... A-2 APPENDIX NO. 3 SOUTHOLD TOWN'S RESOLUTION SEQR DOCUMENTATION- SEPTEMBER 24, k985 ........... APPENDIX NO. APPENDIX NO. APPENDIX NO. APPENDIX NO. APPENDIX NO. 4 - SCHOOLS AND EDUCATION DOCUMENTATION - - A-4 5 - TRANSPORTATION DATA .......... A-5 6 - LETTER FROM SUFFOLK COUNTY HEALTH DEPARTMENT ............... A 6 7 - TAX REVENUE DOCUMENTATION ........ A-7 8 - TEST WELL DATA .............. A-B JOHN A. COSTELLO 206 Wiggins Lane Greenport, New York 11944 October 24, 1985 Mrs. Judith T. Terry Southold Town Clerk Town Hall P.O. Box 728 Southold, New York 11971 Dear Mrs. Terry: in response to the Town Board's request of September 24, 1985, I am pleased to transmit fifteen (15) copies of the Draft Environmental Impact Statement regarding my petition of August ]4, 1985 for rezoning from "A" (Residential and Agricultural) to "M" (Light Multiple- Residence) of some 48.718 acres situate on the east side of Moore's Lane at its intersection with County Road 48. Sincerely, Charles T. Ilamilton, NYSDEC, Stony Brook .. Commissioner Henry G. Williams, NYSDEC, Albany Southo)d Town Planning Board Town Clerk's Bulletin Board Suffolk County Dept. of Planning Suffolk County Dept. of Ilealth Village of Greenport William W. Esseks, Esq. Section I.~ SU~Y This Draft Environmental Impact Statement examines the p~oposed rezoning by the Southold Town Board from "A" (Residential and Agricultural) to "M" (Light Multiple-Residence) of some 48.718 acres situated on the east side of Moore's Lane at its intersection with County Road 48. The legal effect of the proposed action would be to permit subsequent development of the parcel in accordance with the Light Multiple-Residence District "use regulations" and "area and bulk requirements" stated in Sections 100-40 and 100-41, respectively, of the Southold Town Zoning Code. The DEIS reviews the natural and built environment of the parcel proposed for rezoning, and concludes that the parcel is physically capable, properly-located, and with the potential for a full complement of m~lnicipal services -- water, electrical, sewer, schools, fire and police p~otection, etc. -- to undergo residential development of the type and density forecast without significant impact or detriment to natural or man made systems, or the surrounding development and land uses. in particular, the demands for municipal water and sewer service vital to achieve the development objective of creating a quality envi[onment for moderate income housing while protecting the natural environment are available and deliverable, subject to approval by the Greenport village Board, without significant impac~ on these Village utilities. The DEl$ further e~amines alternatives to both the proposed rezoning of the subject parcel to "M" (Light Multiple-Residence) District) and its subsequent maximum development with 180 dwelling units, including the following: Consideration of alternative sites, alternative size or scale of development, alternative timing, alfernative land use, and impacts of the "no action" alternative and the alternative of public vs private o~nership. The D.E.I.$. concludes that there are no significant environmental impacts pertaining to the proposed action or subsequent intended development that ~ould necessitate the pursuit of any of these alternatives· The D.E.I.S. does specifically examine a limitation imposed by the Town's "M" District zoning classification as compared to the To~n Master Plan's proposed "HD" (Hamlet Residential District) zoning classification, i e. a single-family detached unit requires a minimum lot area of 40,~ square feet under the "M" District, even when cent,al water and sewer are provided, as opposed to 10,~9 square feet under the "HD" District, despite the fact that multiple-family dwelling5 may be developed at approximately four (4) dwelling units per acre under both zoning classifications· The D.E.I.S., consequently, notes that subsequent rezoning of the subject parcel from "M" to "HD" District. when and if such district eventually exists ~ithin the Town's Zoning Codes, whether upon petition by the applicant or upon the initiative of the To~n Hoard, may be warranted to fully permit the applicant's development objective -- a mix of multiple-family and single-family detached units -- to be achieved. The change to "M" zoning by itself does not provide for the density, nor municipal utilities (water, sewe~, and electricity) that makes this a viable project for moderate income housing. Until choices for residential development of following for each lot: o Four units owne~ purchased. o Four rental units the subsequent rezoninq to "HD" is accomplished, the this density include the These options, or combination of, are the only ones that permit density necessary to obtain 180 unzts. It should also be pointed out that the guarantees of low lot pricing are not practical, if not impossible, with these options. The commonly envisioned moderate income housing scenerio of a reasonably priced one-quarter acre tot, coupled with sweat equity construction contributions, would not be possible until the subject ~ezoning to "HD" and commitment by the Village of Greenpo~t to provide municipal ~ater and sewer. AS the time of occurrence of both is unknown, the adverse impact on the owner's financial investment could p~eclude the placement of this p~operty in this type of escrow while waltinG for this to oc2u~. If the property Nas not previously developed under the "M" zone prior to a subsequent change to "HD", then consideration could be given to a one-quarter acre sub-division type development (water and sewer). The lot pricing and ownership guarantees could then be established as p~oposed in the previous annexation request, and simila$ to those adopted by Southampton. The D.E.I.E. , in submitted by Mr. light of the annexation petition that ~as Costello and subsequently rejected by the Southold Town Board, further reviews annexation as another alternative to the action currently proposed. The D.E.I.S. notes that approval of annexation would have comprehensively addressed the t~o major obstacles faced by the applicant to the accomplishment of his development objectives: (1) the need for creater density than permitted under current zoning, (2) the need to procure central water supply and sewage disposal service through connection to existing Village of Greenport utilities, and (3) the elemination of the time for the appeal process necessary for the subsequent rezoning to "HD". While density is to an eztent addressed by the p~oposed reclassification to "M" (Light Multiple-Residence District) and would be fully addressed by further reclassification to "HD" (Hamlet Density Residential) District, the issue of equal utility availability is not addressed by the proposed action vis-a-vis the annexation alternative. Specifically: (1) Negotiation to provide service remains to be pursued with the Village of Greenport. (2) preference given to Village as opposed to Town- outside-Village properties remain~ to be encountered, and (3) hook-up charges (a total of $5,155.~0 pe~ dwelling unit) fo[ Town-outside-Village service remain to be incurred. In addition, under anneMation residents could be guaranteed the much cheaper (45~) electric rates. The proposed action and subsequent development of 18~ dwelling units upon completion of successful utility negotiations, will result in: 1. An increase in moderate income 'housing. 2. No increase in protective se[vice staff and equipment. No loss of farmland. 4. No significant pollution of groundwater. 5. A connection to Village supplied utility services - water, sewage, and possibly electrical - within existing plant 6. An increase in tam revenues without a significant increase in demand for taxpayer provided services. ?. An increase in school population without a corresponding significant increase in facilities and operating costs. An increase in traffic volume that existing road and street networks. Potential for developing potable water that would ~ater supply. can be accommodated by the a signi£icant on-site source of augment the Village's municipal Section 2.0 DESCRIPTION OF TSE PROPOSED ACTION John A. Costello submitted a petition on August 15, 1985 to the Southold Town Board in accordance with Chapter 100 of the Southold Town Code. This petition, exhibited as Appendix No. 1 to this D.E.i.S.. requests the rezoning from "A" (Residential and Agricultural) to "M" (Light Multiple-Residence) of approximately 48.?18 acres situated on the east side of Moore's Lane at its intersection with County Road 48. The legal effect of the proposed action, a zoning map amendment, will be to permit the subsequent development of the parcel in accordance with the Light Multiple-Residence "use" and "area and bulk" regulations stated in Sections 100-40 and 100-41, respectively, of the Southold Town Zoning Code. Fu[ther, in accordance with the provisions of Section 100-152 of the said Zoning Code, the petitioner provided "notice of ~he proposed change of zoning classification" to the owner of record of each of the Appendix No. 2 requirement. properties adjacent to the subject parcel. for documentation of compliance ~ith this See 6 On September 24, 1985, the Southold Town Board determined, in its role as lead agency, ~hat the proposed action is a Type 1 action that is "likely to have a s~gnificant effect on the environment". Accordingly, pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 NYCRR, the Southold Town Board advised the petitioner that the preparation and filing of a Draft Environmental Impact Statement would be necessary prior to the Town Board's final consideration of the petition for rezoning. See Appendix No. 2.1 Project Purpose and Need Mr. Costello's purpose in requesting rezoning of the subject property from "A" (Residential and Agricultural) to "M" (Light Multiple-Residence) is stated in paragraph 7 of his petition dated August 14, 1985, to wit: "This petitioner is desirous of having the zoning status of the property changed so as to allow the prope(ty to be developed from multiple residence use. With much a zoning status this petitioner oan undertake the construction and marketing of multiple residence units at a price to the public that will assist in helping fill the existing residential demand for "moderate income" housing. In this manner the workers of Town will be better able to attract and retain a more modesn income than that of the 'second' who are able to afford houses on two acre sites." The need for moderate income housing was also made known during the public hearing on May 16, 1985 in regard to the proposed annexation. Pages 41 and 42 of the F.E.I.S. that summarizes this need is quoted as follo~s: "3.70 Public Hearing The main point emphasized at the public hearing was the eMpressed need for adequate and moderate income housing ~n the To~n of $outhold. Speakers correctly envisioned the annexation as a means to make possible affordable housing for the working class residents of the Village of Greenport and the Town of $outhold. The following businesses and residents expressed their individual concern about the lack of affordable housing and commented in support of the annexation: David Mudd Shirley Crocker George ~etmore ~hltey Skrezek William J. Mills George Penny IV No,ma Miller (representing the Greenport-Southold Chamber of Commerce) James Dinizio, Jr. Dennis Coyle Glenn Moeller Arthur Levine Chuck Stabile Bob Mills Louis Sack5 Bill Mueller Gene Canswick Dan Blaisley Fred $choenstein Erik Heins Bill Golder Ruth Oliva (former Village of Greenport Mayor) (President of the North Fork Environmental Council - ~ith some qualifications.)" 2.2 Location of Proposed RezoninG As previously stated, the 48.718 acre parcel proposed for rezoning lies at the corner formed by the intersection of the southerly side of County Road 48 (North Road) and the easterly side of Moore's Lane within the unincorporated portion of the Town of Southold. The parcel is contiguous to the fncorporafed Village of Greenport along its 1384.04 feet southerly boundary and its 1523.22 feet westerly boundary. The parcel is fully described by Figure t, a "Map of the Property of John Costeilo", prepared by John J. Raynor, P.E. & L.S. , and dated March 6, 1985, and the metes and bounds description provided below: Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near the Village of Greenport, Town of Southold, County of Suffolk and State of New York, more particularly described as follows: BEGINNING at the southe¢ly side Route 48, with RUNNING THENCE said southerly corner formed by the intersection o~ the of North Road, also known as Middle Road or County the easterly side of Moores Lane~ North 66 degrees 99 minutes 10 seconds East, along side of North Road, 96.61 feet; RUNNING THENCE North 69 degrees 02 minutes 10 seconds East still along said southerly side of North Road, 985.10 feet; RUNNING THENCE North 71 degrees 28 minutes 20 seconds East still along said southerly side of North Road 312.64 feet to land now or fo¢merly of ~enry Fleet and Clarence Fleet, now or formerly known as "Fleetfield"; RUNNING THENCE South 16 degrees 01 mimutes 50 seconds East along said last mentioned land and along land no~ or formerly of Constant Booth and the he,rs of $ilas Webb 1450.11 feet to land now or formerly of %he Village of Greenport: RUNNING THENCE South 58 degrees 15 minutes 00 seconds West along said last mentioned land 714.04 feet; RUNNING TSENCE South 74 degrees 45 minutes ~ seconds West still along said last mentioned land 670.0~ feet to the easterly side of Moores Lane; RUNNING THENCE North 17 degrees 15 minutes 00 seconds West along said easterly side of Moores Lane 1523.22 feet to the corner, the point or place uf BEGINNING. The subject parcel was acquired by John A. Costello from East End Associates by deed dated January 28, 1985 and recorded in the Office of the Suffolk County Clerk on February 28, 1985, in Liber 9?44 at Page 117. li OF ~R~ENpoRT Section 3.0 ENVIRONMENTAL 3.1 The Natural Environment SETTING The principal natural resources which contribute to the environmental setting or conteMt of a particular site are its geology, topography and landform, water resources, air resources and terrestrial ecology. 2.11 Geology and Groundwater The geology of the parcel proposed for rezoning is considered typical of the geology found throughout Southold Township. Upper Pleistocene deposits form the overall land mass of the North Forkj consisting of stratified sands and gravels with some thin beds of clay encountered. These Uppe~ Pleistocene deposits range to app~oMimateiy 20~ feet below sea level. The sands and gravels are characterized as highly permeable and yield little runoff during precipation periods. The upper levels of. these Pleistocene deposits contain fresh water and are the primary source of groundwater ~ithin the Town o~. Southold. ~4ater table elevations within these deposits generally lie in the Greenport vicinity at 2 to 3 feet above mean sea level. Based upon a topographic analysis of the parcel proposed for rezon~ng, it can be assumed that the water table generally lies some 5 to 20 feet beneath this 48.718 acre tract, ~ith an average depth to water table of approximately 15 feet. A test well installed on June 13, 1985 on the southern end of the site showed depth to ground water if eleven (11) feet. 3.12 Topography and Landfo[m The parcel proposed for rezoning is characterized as gently rolling, with elevations generally ranging from 8 feet above mean sea level at an isolated Iow point along its western, or Moore's Lane, boundary to some 22 feet in elevation in its northeast quadrant. Positive drainage occurs naturally throughout the site. See Topography Map, Figure No. 2. 3.13 ~ater Resources Groundwater, as previously discussed, is the principal water resource of concern in an area such as Long Island that has been classified by the EPA as being fully dependent upon a sole, or single, source for its potable water supply. This designation reinforces the in-place planning criteria and monitoring activities that are utilized to ensure that the'g~oundwater act be coatami~ated by either point- or non-point sources of pollution. The concern is even more critical in the Town of $outhold and Village of Greenport for, unlike many othe~ areas of Long lsland, potable water supply is not available here from both the Glacial and Magothy aquifers; water underlying Southold within the Maqothy formation is generally too saline for potable Surface water resources within the vicinity of the proposed annexation parcel, though not contained within the parcel, are Moore's Drain and silver Lake, located approximately 1~09 fe~t the southeast. waters has been Water quality classification for these established by NYS DEC as follows: Moore's Drain (tidal portion) SC Moore's Drain (non-tidal portion) D Silver Lake D to Under the DEC water quality classification system, SC waters are described as "suitable fo~ fishing and all other uses except for primary contact recreation and for the taking of shellfish for market purposes". Class D waters are secondary recreation, but due to such lntermittency of flow, water propagation of game fishery, or stream termed "suitable for natural conditions as bed conditions, conditions not conducive to the the waters Hill not support the propagation of fish". While substantial areas of the Town of Southold Village of Greenport are designated as flood hazard areas by the Federal Emergency Management Agency, the elevations present on the parcel proposed for rezoning cause it to be located fully outside the flood hazard area. In addition, there are no designated wetlands on or immediately adjacent to the subject parcel, though several wetland areas have been identified by the NY$ Department of Environmental Conse~vation within the vicinity. These wetland areas, subject to the permit authority of DEC, are as follows: 16 Silver Lake located to the southeast of the site, much of the Moore's ~oods~Moore's Drain area owned by the Village of Greenport~ and an area approximately .5 miles east of the parcel at the southwest corner oF state Route 25 and County Road 48, just north of the Village of Greenport. 3.14 Air Resources The air quality throughout the virtual absence of significant stationary and mobile, and the attributable to the prevailing of either national or New York standards have been reported area is wholly designated as Ne~ York State Department of DEC does not maintain an a~r Southold, available data for North Fork is excellent due to the sources of air pollution, both excellent ventilation of the area breezes present. No contravention State ambient air quality within the Town of Southold. The a Level I air quality zone by the Environmental Conservation. While sampling station within the To~n of other stations ~ithin similarly- designated Level I areas of Suffolk County indicate settleable particulate and suspended particulate measurements well below acceptable concentration. 17 3.15 Terrestrial Ecology The parcel proposed for rezoning is characterized by secondary vegetation that has begun to reclaim an area of earlier agricultural crop and/or pasture use. The tree growth is young and sparse throughout most of the site, with some denser vegetation noted in its north, particularly along County Road Species encountered include the locust maple red cedar grey birch white birch oak poplar pine following: Robinia pseudoacacia Acer sp. Juniperus virginia Betula populifdia Betula populifdia Quercus velutina Populus Pinus The maple, poplar and second growth locust are predominant. 48. White pine is found along the parcel's southern edge, and begins to screen limited portions of the site from the McCann Trailer Park. Native grasses provide groundcover throughout the parcel, except where disturbed by an informal vehicular a¢cessway and various dirt bike trails. Adjacent residential properties are as typically experienced, i.e. landscaped lawns, planted shrubbery, and a variety of common trees such as maple and oaks. 18 Animal life occupying the site are largely those small species associated with near-residential and open field conditions. Representative species either observed on-site or recorded in the literature include the following: Eastern cottontail Sylvilagus floridanus - Eastern gray squirrel - Meadow vole Microtus pennsylvanicus Various birdlife is also commonly found on and adjacent to the subject parcel. These include sparrows, robins, flickers, blackbirds, chickadees, starlings, as well as other similar birdlife. No rare, threatened or endangered species of plant, animal or birdlife are known to occur on the parcel. 3.2 The ~uman or Built Environment The principal human or built resources which contribute to the environmental setting or context of a particular site are its transportation accessibility, existing land use and zoning controls which guide its future development, the community services and facilities available at the location, its demographic context and cultural resources that may be present. 19 3.21 Transportation The principal transportation arteries serviping the North Fork of Long Island are Middle or North Road (County Road 48) and Main Road (New York State Route 25). Route 25, an east-west roadway, is a two-lane improved roadway passing through the hamlet centers of the North Fork, including Mattituck0 Cutchogue and $outhold within the Town of Southold, and the Village of Creenport. Middle or North Road, also an east-west artery, runs along the northern section of the North Fork. County Road 48 is a four- lane roadway from ~attituck to $outhold and a two-lane roadway from Southold to Greenport. Moores Lane, designated by the New York State Department of Transportation as Truck Route 25, serves as a north-south connector between State Route 25 and County Road 48, and allows traffic proceeding to or from the East Marion and Orient Point hamlets east of Greenport to bypass the narrow streets and congestion that may be encountered during seasonal peaks within the ¥illage of Greenport's downtown business district. Traffic counts undertaken by the New York State Department of Transportation indicate that average annual daily traffic (AADT) on Route 25 ~est of Greenport is 7,~5~ vehicles, with the AADT of Middle Road just northwest of Greenport being 6,880 vehicles, based on 1981 data compiled by Suffolk County. According to the 20 Suffolk County Department of Traffic Safety and acceptable engineering standards, an improved two-lane-roadway can readily accommodate an AADT of 1~,9~ vehicles; both State 25 and County Road 48 have AADTs well below this level. Other modes of transportation to the North Fork include ferry, train, bus and air service. Direct access to the South Fork of Long Island by way of Shelter Island is available on a regular basis from Greenport via the North Ferry, Inc. and the South Ferry. In addition, the Cross Sound Ferry, located some 8 miles east of Greenport, provides a. direct route to New England for automobiles, trucks and walk-on passengers. Passenger rail service to Greenport is limited to train westbound per day, with more Sunrise Coach Lines, In¢. provides Greenport to Ne~ York City - three one train eastbound and one frequent bus-train service. direct bus service from round-trips per day. Kennedy International Airport is located 9~ miles while Long Island's MacArthur Airport and Airport at ~esthampton are, respectively, distant. west of Greenport, Suffolk County's 48 and 3~ miles The parcel proposed for Moore's Lane, access on its Bennett Road, rezoning has 1523.22 feet of frontage on 1~94.~5 feet of frontage on County Road 48, and has east from the stub ends of Washington Street and located within the Town of Southoid. 3.22 Egistinq Land Use and Zonina The 48.718 acre parcel proposed for land, once reputedly farmed, that has become overgrown in agricultural use. The tract rezoning is a tract of vacant that supports no improvements and recent years since the cessation of borders on its south and west lands owned by the Village of Greenport, including the Moore's Lane right-of-way. Immediately to the east and across County Road 48 to the north lie privately-o~ned and improved residential lets within the unincorporated portion of the Town of $outhold. Immediately to the West, and owned by the 'Village of Greenpert, is a portion of a 240 acre parcel commonly refer~ed to as "Moore's Woods", an extensive woodland area acquired for watershed protection, recreational use, and municipal utility functions. Moore's Woods includes a 100 acre section designated as the "Greenport Nature Study Area", a shallow creek (Moore's Drain) that was developed in the 1860's to drain the mosquito swamps surrounding the village, and facilities for the Village's water supply, sewage disposal and electric utilities. Immediately to the south of the Village-operated McCann developed in 1974 vehicle sites for 55 existing sites provide 2~ additional sites, thus fully occupying land area between the subject parcel on its north the parcel proposed for rezoning is Trailer Park, a facility first to provide seasonal trailer and recreational visitors to the Greenport/Southold vioinity. are provided, with eMpansion contemplated to the available and Moore's 22 Drain on its south. Across Moore's Lane from the subject parcel lie Village water plant No. 3 at the southeast corner of North Road and Moore's Lane, the Village's sewage treatment plant, and its scavenger ~aste treatment facility currently under construction. Also sited on the Village's lands along the .B mile length of Moore's Lane are water plant No. 2 (not in us,z) and the Village's electric generating plant. The residential development immediately east of the parcel proposed for rezoning is discussed in the February 1981 Section 201 Wastewater Facility Plan for the Vlllage of Greenport and Town of Southold as an area with potential need for sewers. Some 160 dwelling units occupy 45 acres of land in this North Greenport area at a density of approximately 3.5 dwelling units per acre, serviced only by municipal water ~ith sewage disposal accommodated on-site. A similar, or perhaps slightly higher, density is e~perienced on Middletown and Madison Streets which are developed with single-family detached homes on individual lots and located nearest the subject parcel. Residential development to the north of County Road 48 (Eastern Shores) e~tends for approximately 2,000 to 2,40~ feet to the shore of Long Island Sound. Average density of this development is three (3) dwelling units per acre. 23 The subject parcel is currently zoned "A-80" (Residential and Agricultural) District. Under this zoning classification, a one- family detached dwelling is permitted on a lot with a minimum land area of 80,000 square feet, or 1.84 acres, which classification is generally referred to as "2-acre zoning". Under the proposed Town Master Plan, the subject parcel would, instead, fall within the "R-40" zoning classification which would permit the development of a single-family residence on a lot with a minimum land area of 40,00~ sguare feet, or .92 acres. See Figure 3. The Town's present zoning regulations, Chapter 10~ of the $outhold Town Code, include provision of an "M" (Light Multiple- Residence] District, the classification sought by John Cost£]io's August 14, 1985b petition. Code permits the following development: "A. Permitted uses, Planning (1) Any (3) Within the "M" District~ the Town types and densities of ~esidential subject to site plan approval of the Board in accordance with A~ticle XiIi hereof. permitted use set forth in, and as regulated by, Section 100-30A of this chapter. Multiple dwellings not exceeding one hundred twenty five (125) feet in length designed for and occupied by not more than four (4) families. Boarding- and tourist houses. 24 FIGURE 3 , / Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provded, and subject to site plan approval by the Planning Board in accordance with A~ticle XIII hereof: Any special eMception use set forth in, and as regulated by, Section 100-30B of this chapter." The references Section 100-30A permits "one family detached dwellings, not to exceed one (1) dwelling on each lot", while the referenced Section 100-30B authorized by special permit "Two- family dwellings, conversion of existing dwellings and new construction, not to exceed one (1) such dwelling on each lot". Minimum lot size ~ishin the "M" Distr~ct. as stated in the "Bulk and Parking Schedule" is 40.000 square feet. The Town's "Proposed Zoning Regulations" provide for a new zoning classification that is pertinent to discussion of. and could potentially be applicable to, the subject parcel. The new zoning classification would provide for the provision within ~he Zoning Code of a "Hamlet Density Residential (HD) District" as follows: 26 (Note: District ~ncludes as part Section ARTICLE IV Hamlet Density Residential (HD) District This district is comparable to the existing "M" though its applicability is more restricted and the provision of moderate and lower cost housing of its purpose.) 10~-40. Purpose. The purpose of the Hamlet Density (HD) Residential District is to (1) permit a mix of housing types and level of residential density appropriate to the areas in and around the ma3or hamlet cente[s, particularly Mattituck, Cutchogue, Southold, Orient, and the Village of Greenport and (2) to promote the provision of lower cost housing in these hamlet and Village areas, where p~ovision of utilities exists or may be possible and desirable and where public facilities and commerical activities ale available. Section 100 41. Applicability. The Hamlet Density (HD) Residei~tial District may be mapped by the Town Board upon petition on pa[cels within one-i]alf mile of a Hamlet Business (HB) District of Mattituck, Cutchogue and Southold hamlet and within one-quarter mile of the Hamlet Business District of O[ient, and ~ithln one-half mile of the boundary of the Village of Greenport." Within the "HD" District, the proposed "Density and Minimum Lot Size Schedule for Residential District" provides the following minimum lot sizes: one-family detached dwelling - without utilities - with Community ~ater - with comz~unity water and sewer multiple dwelling unit or townhouse (minimum lot area per unit) - without utilities - with community water with cormnunity water ant sewer 40,000 square feet 50.000 square feet 10,000 square feet 20,000 square feet 20,000 square feet 10,000 square feet The most significant difference between the "M" (Light Multzple- Residence) District and HS (Hamlet Density Residential) Districts is in their treatment of minim,Rm lot area for single-family dwelling units. Assuming the presence of co~m/unity water and sewer, the HD District would permit a minimum lot a~ea of 10,000 squase feet (and, thus, the same permissible density as for multiple dwelling units or townhouses) while the "M" District requires a minimum lot area of 40,0~0 squa[e feet per structure. it should be noted, however, chat Hamlet Denslty Residential (HD) is not designated for this si,e in she proposed Town's Master Plan, and that such a change ~ouid require a subsequent rezoning. 3.23 Community Facilities and Services Educational Facilities. The subject parcel lies within Greenport Union Free School District No. 10. The District operates an elementary and high school, both located in a single building on Route 25 (Front Street), just outside the Village limits within the Town of Southold, and approximately .6 miles from the subject parcel. Total 1984-1985 enrollment in grades K-12 was 621, according to data provided by the Superintendent of Schools, far of 1,191 students indicated in State Department of Education. An annual decline in pupil short of the stated capacity a 1984 report by the New York enrollmeng has been recorded in each of the past 10 school years, with the following enrollment figures reported by the District: YEAR PUPIL ENROLLMENT 1975-76 896 1976-77 881 1977-78 849 1978-79 817 1979-80 783 1980-81 715 1981-82 687 1982-83 670 1983-84 660 1984-85 621 The School District has, thus, eRperienced an enrollment decline of about 30% during the past decade, ~ith school district officials contemplating that further decline will continue for the neMt several years. 29 The 1984-1985 taxable assessed valuation within District No. 10 for school purposes ~as $12,056,889.80. A tax rate of $234.72/$1,000.~ assessed valuation was applied in order to raise ~2,829,944.~0 in revenues, including $27,000.~9 for the Ployd Memorial Library. The total cost per pupil, including building, maintenance, and administrative costs, much of which is fixed and beyond direct pupil costs, was $4,514.00 during 1984-1985. Direct educational cost per pupil was, of course, lower, but exact figures are not available. Library service costs are distinct from the school budget, but are taxed and collected according to the ta~able assessed valuation within the School District. Taxes raised for library facilities and services during the 1984-1985 year were $27,00~.~0. The corresponding ta~ rate i5 $2.24/$1,000.00 assessed valuation. See AppendiM ~ 4. Protective Services. Police protection to the subject parcel is $ responsibility of the $outhold Town Police. though Moore's Lane, on which the parcel fronts, is a Village thorough'fare. In any event, the To~n of Southold maintains a full-time police department, as does the Village of Greenport. State Police protection is available loom the nearest substation of Troop L in Islip Terrace The parcel proposed for rezoning ks located within the Outside-Village area of the Greenport East-West Fire Protection District. This District Ss an extension of the Village Fire Department, which maintains two fire stations, principal, secondary a modern facility on Third Street in Greenport and a location on Flint Street. Each station is conveniently related to full range of equipment available. the proposed development site, and a and rescue squad personnel are C. Health Care Facilities. The Eastern Long Island Regional Hospital is located on Manor Place within the Village of Greenport, providing both scheduled and emergency medical services on a 24 hour per day basis. In addition to a full complement of local medical, dental and related personnel, Greenport area residents are also served by the Central Suffolk Hospital some 28 miles distant in Riverhead, and the Riverhead Health and Mental Health Centers. D. Recreational Facilities. The Town of Southold and Village of Greenport offer a variety of recreational opportunities for its permanent residents and seasonal visitors. Representative of the more than 900 acres of parkland and preserve available for passive and active ~ecreation a~e the following facilities: NAME AND LOCATION APPROX. ACREAGE Orient Beach State Park at Orient 357 Goldsmith's Inlet Park at Southold 34 Inlet Point Pond Park at Greenport 36 Great Pond (Pe¢oni~) at Southold 37 Moore's Hoods Nature Study Area 101 Greenport Village Parks (Third Street, Fifth Street and Curt Breeze Field) 24 Many of these facilities, including Moore's Hoods and the Village's community recreational facilities at both Curt B[eeze Memorial Field and the District NO. 10 school complex are within easy walking distance of the subject parcel. Water Supply. The Village of Oreenport maintains a 15 square mile franchise area which extends from the east side of Shipyard Lane in East Marion te Peconic Lane in Peconic, including the Bayview peninsula in Southold. The subject parcel lies within this franchise area. Water is provided by $iz (6) operating well fields, with a population of approximately 8,100 (2,500 service connections) presently serviced. The total Village water plant capacity is calculated at 3.1 mgd per day. Allo~ing a reserve o£ 60~,0~0 gpd for maintenance and fire flow and deducting the 2.165.0~ (peak demand) of present, under construction and approved usage, leaves as estimated future requirements. of quality problems ~35,00~ gallons/day available There has b~en some recent (nitrates and chlorides) in for ~ells. (The preceding data was provided by the of Greenport as part of the D.E.I.S. for proposed Village annexation of this same parcel.) ~ertain Village Specific reference is also made to the North Fork ~a~er (Page 1.3 of this document is contained herein.) Ground wa~er supply conditions in Zone 4, Greenport - Southold are critical, but there is some extra supply available (0.9 deDUcted in Table 1-1.) For identificatiol~ purposes, Zones 1 through 5 are depicted in Figure 4-1 from subject report, contained herein. Table 8-27 of this report makes a comparison of alternatives for the Greenpo~t-Southold demand center. The recommended alternative is Level lit, ~hich is a municipal type distribution system, implementation of the Level III is recommended, ~ith the ~eport stating: In order to estimate the total quantity of groundwater that may be withdrawn from larger cap~city public supply wells from each water supply zone, water budget areas were del ineated. Substantial aaounts of groundwater are available outside of the budget areas but, to avol~ saltwata' intrusion, can only be withdrawn by mall, :(loaestic capacity wel I s. Xn zones ! and 2, the budget areds were defined as those local~ions where the groundwate~ 1 evel is 5 feet or more above sea 1 eve1. zones 3, 4 and 5, th~ avdil~bil(ty of groundwater is more limited, so tions in Zone 4 {Gre~)purt/5outhold) are also critical although there quired). ]ABLE WATER Oduu£lS AND CON~4PIIV~ U~£ PRUJECTiONS '~- Supply Uudg,-£ Ar,,J Yedr 2000 Zone (mgl!)_ ............... : I 29.4 2.25 .... 2 5.b 0.97 3 4.9 1.1~ i 4 U.9 U.Sg 5 O.4 0.11 TO[ALS 41.2 b.lO Ag ricu] tufa] Consmnptive Use, Year 2000 (mgd) 3.06 3.06 0.04 0.35 9.31 34 Village of Greenport water policy was specifically discussed in a June 1{, 1985 letter from Mr. James Monsell, Village Superintendent of Utilities, to Mr. ¢ostello, to wit: "It is the policy of the Village that they must serve all applications within the Village boundaries. Ail requests within the Village have top p~io~ity for service. Depending upon the capability of the Hater Utility will serve the Village but within the Franchise basis. the production plant, requests outside the on a numbered list For projects ~ithin the Village the Utility does not charge any upfront key money. For projects outside the Village the Utility has a key money charge of $2,570.0~ per dwelling unit. The key money is to assure the capability of the production plant and transmission facilities to be able to serve the consumer. This charge is reflected in recent contracts with the Village." Sewage Treatment. As noted in Section 3.22, %he Village of Greenport operates a sewage treatment plant on Moore's Lane near the western edge of the Village and within a few hundred feet of the subject parcel. The treatment plant is a modern secondary treatment facility, handling primarily domestic waste with little or no indust[ial waste t~eated The effluent f~om the treatment plant is chlorinated and discharged into Long Island Sound [o the north of the treatment facility. The treatment plant serves 869 customers within the Village and 45 outside its incorporated boundaries, according to data provided from the village Superintendent of Utilities. Average daily wastewater flow is approMimately 300,000 gallons, or 60% of the plant's 50~,90~ gpd capacity. A study is e~pected to be initiated shortly for increasing the plants capacity to 750,000 gpd. The scavenger waste facility currently under joint development by the Village of Greenport and Town of Southold will add approximately 25,000 to 40,~00 gpd to this avera~e daily wastewater flo~. Village of Greenport sewer policy was also specifically discussed in Mr. Monsett's June 14, 1985 letter to Mr. Costello, to wit: "Any structure within the Village must be connecsed to the public sanitary sewer system. This is a Local Law - Article II, 69-2C. The Village is not obligated to service anyone or to provide facilities to anyone or any project outside the Village. For projects within the Village, the Utility does not cha~ge any upfront key money. For projects outside the Village the Utility has a key money charge of $2,585.00 per dwelling unit. The key money is to assure the capability of the plant to be able to serve the consumer. This charge is reflected in recent contracts with the Village." 38 Municioal Electric. The Village's public-owned electric utility services approximately 1,700 accounts, and a service population of approximately 3,500 persons within and adjacent to the Village of Greenport. Electricity is currently purchased from the Power Authority of the State of New York (PASNY) which currently results in rates to users approximately 45 percent lower than those serve by LILCO. as the which are The Village electric utility may serve areas, such subject parcel, located outisde the Village limits within the Greenport Electric Franchise [PSC ruling 26, 1977). As an alternative to service by LILCO power could be readily made available site. - April the Village, to the project Sanitary Landfill. The Town of Southold operates a landfill site on a 32 acue parcel north of Route 48 and west of Cox Lane. This site has been used since the 1930's, with approximately 5 years of useful life remaining. The Town has acquired a 19 acre contiguous tract fo~ landfill e~pansfon, and is currently working with the NYS Department of Environmental Conservation on specific landfill design and the conditions of a Part 260 permit. Other Utility Services. A LILCO gas main runs along County Road 48 adjacent to the north side of the subject property. While LILCO has had a past policy of ups, present information indicates a this policy in the near future. permitting no new hook- possible ~elaxation of 3.24 Demoqraphic Factors According to the United States Bureau of the Census, the Town of Southold e~perienced growth of 2,368 persons, or 14.1 percent, during the 197~-1980 decade. Areas of the Town nearest the subject parcel, however, eMperienced actual population declines during this same period. Specifically, the Village of Greenport experienced an 8.4 percent decline in population during the 1970's, while the surrounding "Census Designated Place", which emcompasses the subject parcel, lost 5.? percent of its population during this same period. This loss of permanent population in the Village of Greenport and the surrounding "Census Designated Place" by the same name coincides with the declining pattern of school enrollment within District No. 10 discussed earlier. More complete population count data presented below: INCORPORATED VILLAGE for the To~n of Southold is 1970 1980 Village of Greenport 2,481 2,273 CENSUS DESIGNATED PLACES Cutchogue - New Suffolk 2,?18 2,788 East Marion 531 648 Fishers Island 462 '318 Greenport (unincorporated area) 1,682 1,587 Laurel 598 962 Mattituck 3,069 3,923 Orient 709 84? Peconic 835 1,056 Southold 3,?49 4.770 Total Census Designated Places 14,323 16~899 Total - Town of Southold 16,804 19,172 Among other factors, the loss of population within the Village can be attributed to a lack of available opportunities for residential development within its boundaries, other than scattered site infill development. Accordingly, in its Master Plan and Proposed Zoning Regulations. the Town of Southold has identified and begun to respond to the need to encourage higher density residential development, wl~h a full complement of public services, in and around ~he Village of Greenport and adjacent to the several other hamlet centers within the Township. 3.25 Cultural Resources Based upon a review of the literature related to the archaeology of the North Fork and the NYS Register of Archaeological Sites, it is indicated that no known 'or recorded aboriginal sites lie within or adjacent to the parcel proposed for rezoning. The New York State Office of Parks, Recreation and Historic Preservation (SHP0) has been requested to confirm this finding~ it is anticipated that SHP0 will concur that neither the presently- proposed action nor subsequent development of the site will have impact upon any registered, eligible or inventoried property. 42 Section 4.~ IMPACTS OF TBE PROPOSED ACTION/MITIGATION MEASURES Upon rezoning of the subject 48.718 acre parcel from "A" (Residential and Agricultural) to "M" (Light Multiple-Residence), the petitioner will be able to prepare detailed site and engineering plans for the development of the parcel in accordance with applicable Zoning Code standards pertaining to the District, as Nell as all other applicable codes, regulations, ~ules, and laws. The petitioner will. upon rezoning, also be in a more realistic position to specifically discuss with the village of Greenport the provision of water supply, sewage disposal and electric service to the subject parcel to accommodate its intended development. For purposes of preliminarily assessing the potential impact of the requested rezoning from "A" (Residential and Agricultural) to "M" (Light Multiple-Residence), the subsequent development of the subject parcel, it has been projected by PLANNERS EAST and PECONIC ASSOCIATES that a maximum of 180 residential dwelling units, and associated public improvements such as streets, drainageNays and recreational space, could be developed on the 48.718 acre parcel, based upon the Zoning Code's maximum permitted "M" District density of 4 dwelling units on a lot of 40,~0~ square feet in land area. The impact of development of these 18~ units upon 5he resources and facilities previously identified is the concern of this section of the Draft Environmental Impact Statement. 4.~ 4.11 Since the would, of Impact On the Natural Environment Geology and Groundwater proposed development of the site following rezoning necessity, use public water supply, no substantial approval of the proposed action. A sound estimate of Rater usage in a year-round residential development is 100 gallons per capita per day. Based upon a impacts to either groundwater or geologic strata are anticipated as a result of the persons-per-dwelling ratio of 3.3 within the family-type residential development proposed, a year-round water use of 330 gallons per dwelling unit per day is reasonable Since the hypothetical development possible under the proposed "M" [Light Multipal-Residence) zoning might contain 189 dwelling units, 59,&9~ gallons per day is a reasonaDle water usage figure. This projects to a 6.5 percent increase in annual pumpage by the Greenport Water Company and is well within the permissive sustained yield of the wells utilized by the water utility. No significant impact to the Village's water supply would occur, ~ith the peak demand created well ~ithi[~ the "335,000/day gallons of surplus water not spoken for", as calculated by the Village's Utilities Com~nittee in February 1985. The present and ~rojected availability of ~ater was thoroughly discusseG and reviewed during the annexation's Draft ~nd Fi:~at E.i.S's, w~th the resultant conclusion as contained ~erein The conservatism or~ which this projection is based is evident in comparing the above projection o£ 350 gallons per dwelling unit per day with the Village's Utilities Supe[i~tendent's [ecords that indicate water usage of 208 gallons per day for typical family residences w~thin the water district. Using this figure based upon the ac%ual experience of the Water Franchise, a reasonable estimate of ~ater usage would be ~?,44~ gallons pet day, with a peak of g3,6~0 gallons per day instead o£ the 148,50~ gallons per day projected under this conservative analysis. 4.12 Topoqraphy and Land£orm No s~gnificant impact on the topographic or land£o~m characteristics of the subject pa[eel would occur unde~ its maximum dsvelopment of 180 residential dwelling units. Bu£fer areas ~outd be maintained, natural drainage 4.1~ Ware[ Resources with se[vice by public water) connection to the municipal sewage treatment facltities and respact for Ba~urat surface drainage ~atterns being an unalterable parameter in s~te design, substantial mitigating measures would be in place to preven~ signi£ica~s impsct on any water resources below, on o~ adjacent to the proposed development s£te. See AppendS× No. 6. 4.14 Air Resources No significant impact on air resources w~ll occur as a result of the proposed action and the subsequent development of the project site for 180 resldentiaI dwelling units. The development would add only a minimum amount of traffic (mobile air pollution sources) and home beating units (stationary air pollution sources) that would have negligible effect on the excellent ambient air quality p~esent. 4.15 Terrestrial Ecoloqy ~hile the maximum potential units will cause the removal where roadways and located, and, as a development of 180 dwelling of eMisting vegetation in areas utilities are to De lnstalled and homes consequence, local wildlife will be temporarily disrupted, this will impose no threat ~o any endangered species of animal, plan~ or birdlime. The flora and fauna present on the subject parcel is typ~cai of residential areas and their im~nedia~e peu~phery. It is expected that similar popula=ions will be ~eturned, by man and nature, to the development parcel as it matures as a residential corm~unity. To provide a transltlon to this e~isting residences on Middleton ~oad. 46 4.2 Impact on the Human or Build Environment 4.21 Transportation The proposed project will not create significant on traffic conditions within and along the major the Greenport area. specifically State Route 25, County Road 48, and the Moore's Lane connector ~oadway (tru'ck by-pass route) between NYS 25 and County 48. AS discussed in Section 3.21, Route 25 and County Road 48 have residual capacities of 3,090 to 4,000 AADT and can readily accommodate the additional t~afflc flow (estimated maximum average of ~,098 vehicle trips per ~ay) based upon standa[ds developed by the Institute for Transportation Engineering (see Appendix 5) that would De generated by 180 new residential, apartment, or condomin~mum units. If, in the future, subsequent changes in zoning (HD) would permit single family detached ~eveiopment. than the ~aximum vehicle daily trips would be calculated at 1,692. during the engineering phases of thzs project, following approval of the ~equested rezoning, so that potential i~pacts related to transpo[tation can be mitigated in the following areas: (i) a review of the capacity of intersections near ehe development site at peak hour once the specific road/street orientation of ~he development project has been firmly estabilshed; [2) a rest[ict~on on the numbe~ of access p,~ints along Moore's Lane to ensure efficient ~ontin~ing use o~ this roadway as a connector highway, including its function as a truck bypass of downtown Greenport; a similar restriction on the number of access points along County Road 48; and the effective reduction through road layout/project orientation of the amount of additional traffic that would occur on residential streets, such as ~ashlng~on Avenue, Bennett Road, and Middletown Road to the east cf the subject parcel. 4.22 Land Use The development of the subject parcel for residential use would generally be consistent with the residential character of p~operties to the north and east in regard to density The majo~ difference being multi-family structures instead of single family detached. The proposed density of 4 dwelling units per gross acre will permit the installation of sui~ab~ residential infrastructure -- municipal ~ater. municipal sewer, and properly- developed local streets -- that ~i]l p{ovide a well-planned and serviced residential environment. Initially, attached housing units (four units per structure} would be planned. If, and when, the "HD" zoning became a r~ality, then single family detached (indlvldual ownership) c¢,ui~ be considered. It would be impractical to consider deed restrictions until the latter occurred. As discussed in Sectlon 4.i5, natural Duffer areas will be maintained ano enhanced through additional planting and removal of ~e~d or diseased vegetation along existing residences on Middleton Road. In the interest of both the proposed development and the adjacent McCann Trailer Park, a landscaped screen will be developed along the southern boundasy of the parcel. As discussed in Section 3.22, the proposed action would also be consistent with Town planning policy regarding the provision of moderate income housing, as expressed by tbe Maste[ Plan, and be a step toward implementation of the stated purposes of the Hamlet Density Residence (HD) District included within the Town's "Proposed Zoning Regulations". The proposed action, rezoning from "A-nH" to "M" will not, however, fully implement the Town's "HD" objectives due to the marked difference between the current "M" and the proposed "HD" Districts in the t~eatment of permlssibie density for single-family detached units, as also discussed in Section ~,22. 4 23 Community Facilities and Services /he maximum potential development of the subject parcel for 180 dwelling units would generate significant inc[eased tam revenues for the Greenport Union Free School District No. 1~, the Town of Southold, and Suffolk County. The development will not have a significant adverse impact on public facilities, though, as discussed, significant issues regarding the provision of water supply, sewage ~ispoma! and elect~i~ service to accommodate the intended developmen~ remain to be resolved t~rouGh negotiations wi%h the Village of G~eenport. Taz Revenu~_~. For the purpose of providing a preliminary, and highly conservative, projection of tax revenues, the developer has assumed that 45 structures (18~ dwelling units) would be developed under the "M" District zoning with eaoh st[ucture containing four (4] dwelling units of approximately 1,000 square feet each with no garage or other assessable improvements. Based upon data provided by the Southold Board of Assessors, and using 1984-85 tax rates as a comparative measure, the following tax revenues would be generated by the subject parcel u~der full development, using an assessed valuation of $17,600.00 ($1600.00 for land and $16,000.00 for improvements) for each of the r~sdential a total AV of $792,000.00: REZONED TO "M" TAX DISTRICT TAX RATE TAX per $1,000. AV REVENUES Town of Southold $ 69.324 $ 54.905 School District K 10 $ 234.564 $ 185,775 Suffolk County $ 40.?45 $ 32,26S SP Dist[ict $ 9.805 $ ?,766 TAX DISTRICT EXISTING - AV - TAX RATE TAX per $1,000. AV REVENUES Town of Southold School District Suffolk County SP. District 69.324 $ 998 234.564 $ 3,378 40.743 $ 587 9.805 $ 141 TOTAL ANNUAL $ 354.436 $ 5,104 Thus, increased annual $275,610.00 (based on 1984-1985 full devetoDment of the subject zoning classification. real property tax revenues of tam rolls) will result upon parcel under the "M" District As a further comparison, and because of the controversial statements made during the annexation hearings, the development of 170 one-quarter acre lots with detached units under annexation would have resulted in the ~ollowin9 ta~ revenues ~$782,000.00 AV): TAX DISTRICT TAX RAT~ TAX per $1,009. AV REVENUES Village of Qreenport Town of Southold School District FF 10 Suffolk County 135.600 $ 1M6,039 26.601 $ 20.802 234.564 $ 183,429 40.743 $ 37,092 TOTAL ANNUAL $ 354.436 $ 3471362 Note the change of zone to "M" with a maximum development o~ 180 units results in a $66,648.00 decrease in ta~ revenues than if property ~as anl]exed and 170 detached units were constructed based on Town of $outhold 1984-1985 TaM Rates, as supplied by the Town Tax Assessor - App~ndi~ 5 7. If the property ~as developed without water and sewer the tax revenues would be considerably less. B. Educational Facilities. The proposed development in District No. 1~ by an mould increase the school enrollment estimased 152 students. This number is developed from the 3.3 per for two (2) adults, and thereby children per residence, with .9 attending local schools. capita per household allowing obtaining an average of 1.3 children per residence The present school rated capacity is 1,190 with a 1984-1985 enrollment of 622. See AppendiM NO. 8. Based on consultation ~ith school authorities, the project increase of 152 students could be accommodated by the current educatiGnmi faoilities ~ithout any significant increase in operating costs. Due to an actual reduction in per pupil cost, coupled with the increase in assessed valuation, the sohool district tam rate may be, in fact, reduced. Protective Services. The proposed development will have no substantial impart upon protective services within the Town of Southold. The proposed development of 180 residential units Mill have no adverse impact on the ability of the local fire department to continue to serve and protect the entire Greenport East-West Fire Protection Distr~ct. The dwellings to be constructed must be designed and constructed to meet or exceed all applicable building codes designed for fire safety. In the event of a fire incident~ municipal water service will be available within the residential development. As discussed in the Southold Town Master Plan, the Greenport Fire District maintains two fire stations -- Third Street and Flint Street -- that are well-located to provide effective coverage and suitable equipment throughout the Village of Greenport and the surrounding East-West Fire Protection District in the Town-outside-Village a~ea. Additional demand for police protection services should be minimal within the family-oriented residential environme~t that Mould be created through development of the subject parcel. Mo[eover, any additional costs associated wit}] increased police service to protec5 the proposed development and the concomitant increase in permanent Iown population ~ould be indirectly contributed by the development th$ough s substantial increase in Town tax revenues. Health Care Facilities. No substantial impact on health care facilities is pro~ected as a result of the proposed action and subsequent residential development of the subject parcel. Recreational Facilities. An increase 4n recreational demand on a day-to-day basis ~ill be experienced as residential development proceeds and increases in permanent population, including younger families, occurs. With increased revenues provided by the development to the Town, opportunity is present to improve and expand recreational facilities to meet increased demand. ~at~ Supply. As discussed in Section 4.1t, the increased wate~ demal]d from the deveiopmen~ o~ 180-iot d~elling units on ~he subject pa~cet ~ill, under R worst case scenario, require a 6.5 percen[ inc~eas~ ~n gallons ~er year supplied by the Greenport ~ater Company. ~ith ~his increase in pumpage ~otal consumption ~ill, however, remain well belo~ the permissive yield in the company service area. The w~ter requirements of the p~oposed development can be Suppl~ed by the compa~]y without impact%hq e~ls~ing customers o~ preventing service to othe~ developments within the ~ranchise area for ~h~ch service has been committed. As discussed in Section 3.23, there are, however, othe~ unresolved issues with respect to Village water service. Specifically, current Village policy calls for the payment of a hook up charge of $2,570.00 per dwelling unit, a total of $390.600.00 for the intended 180-unit development, while Village policy also calls for applicants from outside the Village to be se[viced in order of the receipt of the request. Because of the number of requests already received for Village municipal Mate[ hook-up, this particular project could be way down the list and years could pass before Rook up could be considered. This long wa~t for hook-up would seriously impact the viability of this particular project, while the impos[tinn of hook up charges incrementally diminish the potential To fulfill moderate income housing objectives. As subsequent planning of the project site occurs after ils requested [ezoning to the "M" (Light Multiple-Residence) District, it may be possible for the petisioner to make available to the V~llage of Greenport a ~ell site, aT the southern edge of the subject parcel, nhat would provide additional water supply for the franchise area. The potential for generation of 250,000 qpd to augment municipal water supply was discussed i~% an earlier D.E.I.S (March 1985> for the subject parcel and preliminarily corroborated through test well dat~ presented in a subsequent (June i985). At 5hat time, Mr. Costello had a test well installed, test pumping accomplished, and water tests taken. These water tests, prepared both by E¢oTest Labosatories, Inc. and the Suffolk County Department of Health are enclosed as Appendix 8. The test well w~s installed to a depth of fifty-seven (57) feet. The static water level measured to be eleven (11) feet from surface. The well was pumped at a rate of two hundred and fifty (250) gallons per minute fo~ a period of six (6) hours on May 9, 1905, befose having the water test taken. The 5est ~esul~s were excellent, ~ith a ohloride of 12 mg/L, and a pS of 6.4, nitrates of less than 0.5 mG/L, and no evidence of organic chemicals. The test well location was selected by Peconic Associates, based on previously developed Geological and G~oundwate~ data, plus an on-site analysis that a well in thl$ location could very p~sslbly be used to take aovantage of the ground filtered recharge water collected in Silve~ Lake. Sewage Treatment. Suffolk County Department of Health Services have, as a required design flow, 225 gallons per day for a two bed[oom apartment/condominimum. For 180 units this calculates to 40,500 Gallons per day average flow If the parcel was eventually developed as an "HD" zoned district than this design flow would he 59,400 (i~0 X 3.3 X 180) gallons per day 56 The Greenport ~aste~ater Treatment Plant experiences an average daily ~aste~ater flow of approximately 390,000 gpd, approximately 60~ of its 590,000 capacity. The additional flows projected, even under the most liberal of the above estimates, can be readily accommodated without causing the treatment facility to either exceed its design flows or aggravate difficulties that have been experienced in meeting standards fo[ suspended sol~ds and BOD. applicable The parcel proposed for rezonlng is proximate to the sewage treatment facility, providing for easy physical access to the treatment facility. No substantial impact on sewage will be caused by the proposed development, except to reduce the residual capacity of the plant and require the Village to eRam~ue more closely the recommendations made in its LWRP planning study that the present plant be evaluated for potential capacity expansion. The construction of another aerated lagoon may be the appropriate and affordable improvement to e~pand plant capacity for the long-term by approximately 250,~00 gallons per day. There is presently a dual pump lift station located adjacent to the southwest boundary of the subject parcel. The Vfllage Utilities Superintendent has reported that each lift pump is rated at 150 gpm and, therefore, station capacity would be adequate As in the case of water supply, and as also discussed ir Section 3.23. there are non-physical issues pertinent te sewage accommodation also. Specifically, in addition to the water hook-up charge of $2,170.00 per unit in the Town- outside-Village area, there is also a Village charge for hook-up to the public sewer in the amount of $2.505.09 per dwelling unit. This means there would be a total cost to an outside dwelling unit for hook-up of $5.155.00 Further, as in the case of water supply, there is a waiting list for consideration of contracts for se~e( service outside the Village limits. G residence using 600 kwh per month will impose a 35 kw a 55 kw peak. 18~ units Would, therefore, Municipal Electric. The Village's Utilities Superintendent has reviewed estimated electrical demand for the proposed 180-unit residential development and has concluded that the utility could potentially mee5 ~he demand requirements. A typical demand, ~ith result in an increased load of 1~8,~0 kwh per month. The Village is, however, in need of electrical system improvements to satisfy in-V~llag~ requirements, e.g. the need for the seco~]d tie i£ne to LILCO as recom/nended in the Village's ~ater~ront 5evitaliz~tion Program ~eport, and might De reluctant to provide service in th~s instance. LILCO could, however, meet the p~oject's electrical demand $equ{rements; therefore, no significant impact on electrical service is anticipated. Sanitary Landfill. The projected increase in the permanent residential population of 594 persons represents 3.1 percent of the year-round resider~tiat population of the To~n of Southold that is serviced by the Town's sanitary landfill. As businesses, industry, tourists, and seasonal residents all contribute to the amount of solid waste generated within the Township, an additional solid waste increment of 1 to l 5 percent is projected: this would have no significant impact on the remaining useful life of eithe~ the existing landfill facility or the projected size of any resource recovery facility that may be developed pursuant to emerging teohnologles and applicable environmental regulations. 59 4.24 Demographic Factors The proposed action and subsequent development of 180 d~elling unlts will increase the To~n population by 594 persons, or percent of the 1980 population, and the local school-age population within School District No. 10 Dy 152, as previously discussed. This population increase will have no significant environmental impact and will severse the t~end of population decline experienced within the Village of Greenpo[t/Greenpo[t "Census Designated Place" section of the Town of Southold. as discussed in Section 3.24. 4.25 Cultural Resources As discussed in Section 3.25, no significant impact will occur to any cultural or ~ela~ed resources upon either approval of the requested zoning map amendment or subsequent development of 5he subject parcel with 180 dwelling units. Section 5.0 ALTERNATIVE ACTIONS State Environmental Quality Review Act (SEQRA) guidelines suggest that alternatives ~eviewed to specific project development, as would occur upon rezoning of the project site to "M" (Light Multiple-Residence) District, include cons~deratiou of alternative timing, alternative land use, and ~he impacts of the "no action" alternative. In addition, because of the history of efforts to cause the annexation of the subject parcel to the Incorporated Village of Greenport from an incorporated portion of ~e Town of $outhold, Section 5.0 also reexamines annexation as an alternative to the requested rezoning. The essential public alternatives regarding the proposed action, the petition for rezoning of some 48.71~ acres bv the Town of Multiple-Residence) District, are quite clear. Eithe~ the - If the rezoning is approved, the prospective developer will be in - position to pursue further detailed planning for the ' development of'this parcel consistent wit~ the "M" District with the Town or So~thold and the V~llage of ,]reenpou~ (see Draft To~;n M~s~er Plan and Village Local ~atsrfront Revitaiizat~on Program, ~espectively). If the rezoning ms denied, the proposed development of the site consistent with public need and sound land use and environmental planning, as e~amined in hypothetical, or generic, context by this D E.I.S., will be forestalled. Such an action would appear inconsistent with the stated planning objectives of the Tow~ and the potential capability of the Village of C~eenpo~t to provide necessary wat~ supply and sewage disposal service for the intended development. While the existxng "A" District two acre, large lot zoning and the p~ovi$ion of on-site water supply aad sewage disposal that is customarily associated ~itn such a lot size is presumptively a viable approach to land use regulation in other areas of the Tows of Soul'old. it is not the best approach when dealing with the parcel proposed for rezoning, which is situated at a location where denser, properly-serviced development may be achievable, conditional upon the provlsion of water supply and sewage disposal service by the Vii:~ge of Greenport, as earlier discussed in Section 4 23 As discussed in Sections 3 and 4 of this O E i S , the subject parcel is contiguous to [esidential development of a density similar to that intended, and has the physical attributes and municipal service access to provide, a~ter rezoning, residential ~ousing that are lacking throughout the eastern end of the North Fork. Alternative Sites. The discussion o~ alternative sites is not germane to the applicant's ~eguest for the establishment of an "M" (Light Multiple-Residence) D~strict at the subject location. The applicant has title to this 45.7t~ acre tract, and wishes to develop this particular property in accordanc~ with a sensitive land planning approach, consistent with local, state and other applicable regulations, and ~atlsfying market demand for more moderate income housing conveniently located with respect to community services and ~ac~l~ties. It was determined that si~ (6) other parcels ranging in size from ~7.6 acrez to 56.7 acres were available within the Town Presently, they are all zoned "A" ~esidential and Agricultural, one of which zs to be zoned R-40 in ¢he Proposed Master Plan. Municipal watec is, oc couId be ~ade, Alternative Size or Scale pertainzng to the s~ze o[ development of the of Development Alternatives scale, and the configuration, projeGt site have Deen examined. In particular, the applicant, John A. Costelio, has previously p~oposed a mix o~ commercial and single-zsmzly detached dwelling unlts on the subject parcel. Unaer the "~" iCigh~ 63 Multiple-Residence) District, the opportunity to provide for single-family detached dwelling units is g~eatly constrained, due to a 40,00~ square feet minimum lot area. as discussed in Section 3.22 and repeated below: "The most signin~cant difference between the "M" (Light Multiplp-Residence) District and "HD" (Hamlet Density Residential) lot area for the presence District would Districts is in their treatment of minimum single-family dwelling :lnits. Assuming of community water and sewer, the "HD" permit a minimum lot area of 10,B00 square feet [and, thus, the same permissible density fo[ multiple dwelling units or to~nhouses) while the "M" Dist[ict requires a minimum lot a[ea of 40,000 square feet pe~ structure." Effectively, while an estimated i83 multiple family dwelliI,g units can be achieved on the subject pa[eel consistent with "M" District [equirements, only app~oMimately 45 5ingle- family detached dwelling units could be developed under the "M" District 40,000 square feet minimum lot area requirement. 64 Section 4.23 of this D.E.I.S. establishes that, subject te the availability of utility service from the Village of Greenport. there are no significant environmental impacts that would be caused by the development of 180 dwelling units on the subject parcel, regardless of their configuration on site in accordance w~th setback and related requirements, that would require further consideration of either an ~Iternative size or scale of development. Further, in consideration of the for infrastructure improvements, permitted will allow these costs sufficiently great number of dwelling units to contribute some achievement of moderate income housing objectives. costs that will be incurred the maximum unit yield to be distributed across a to Alternative Timinq. No known factors are present that suggest that alternative timlnG, i.e. a delay in Town Board action on the requested establishmen~ cf the "M" (L~ght Multiple-~esidence) District or the subsequent development of the subject parcel, would i:] any ~ay provide for fuller mitigation of any of the environmental impacts foreseen Establishment of the "M" District will. in fact, place the ap~i1cant in a positio~ where responsible negotiation directed to a specific project objective may be continued and pursued with the Village of Greenport regarding ~at~r supply and sewage disposal service. ~h~!e an ar~umenu m~ght be offered that to wait~ for the Town's establishment of t~e Hamlet Density Residential ("HD") DiEt[itt wo~ld be a viable 65 approach, this approach would be accompanied limitations, including: (1) The uncertainty even if, the "HD" District will, in fact, be the Southold Town Board as called for within of when, and established by its "Proposed Zoning Regulations", (2) the added uncertainty that th~s parcel would be rezoned to "HD", and (3) further delay in conclusive negotiations with the Village of Greenport regarding utility servlce. Waiting £or the "HD" District to be created within the Zoning Code achieves no purpose that cannot be equalled later, if desired, through a subsequent petition by the applicant to have the property rezoned from "M" to "HD" or through the Town Board's o~n initiative in providing this subsequent reclassification Azternative Land Use. As discussed in Section 3.22, the Town, through its current 2oning Code, Master Pland, and Proposed Zoning Regulations, has identified residential land use as the appropriate future land use of the subject property. This classification is cc, nsist~nt with the locational se~ting of the project s~te. Accordingly, no further examination of land use altern=tives ~s considered necessary as part of th~s 66 "No Action" Alternative. The "no action" alternative examined in this instance ~ould be the Town Board's failure to act affirmatively on John A. Costello's petition for change in zoning classifiGation for the 48.7t8 acre parcel for "A" (Residential and AGricultural) to "M" (Light Multiple-Residence) District. Either denial of the applicant's petition, or the Town Board's failure to act upon said petition, will wholly frustrate the efforts of Mr. Costello to "undertake 5he marketing of multiple residence units at a price to the public that ~ill assist in helping fill the existing demand for 'moderate income' housing", as stated in paragraph ? of his rezoninG petition. The end result would be to permit only the development of the subject parcel for a conventional lasge lot subdivision of expensively-priced houses that ~¢,~id neither be more preferable environmentally nor consistent ~ith the applicant's objectives and emerging Town/Village moderate income housing policy that might, in part, be imptementable at this near-Village loc~tion. AS discussed in Section 4 Th~o~]ghout this D E.I.g there has been that utilities be made available by the discussed the necebsity Village of ~reenport, water franchise area and a contract for sewage treatment, if the proposed development of 180 dwelling units is to occur on the subject parcel, once it is rezoned by the Town from "A" to "M" District. Potential difficulties in these negotiatfons were specifically discussed Sections 3.23 and 4.23, and the matter of hook-up charges service to non-Village properties addressed. An earlier effort was made by Mr. C(~stello to address these utillty consideratio~]s and to authorize an appropriate density of four (4) dwelli~g ilnfts per acre through a single, comprehensive action, 1.e. the annexation of the sub~ect 9~rcel to the Incorporated Village of Greenport from an unicorporated portion of the To~n of Bouthold. This matter Was fully examined in a Draft Environmental Impact Statement (March 1985) and a Final Env~ronmentai Impact Statement fJune 1985). On July Z6, 19~5, the Southold Town Board accepted the F.B I.S. and subsequently rejected the proposed annexation. The F.E.I.S. accepted by the Town Board stated as follows: "In all probability, the most compelling reason to consider the proposed anne~atio~ is the guarantee and stated availability of water ~n~ sewer service by the Village of Greenport to the residences and other business withln ~he Incorporated V~llage. if this hypothetical development was to take place outside of t~e Incorporated Villape, them the additional utility book up costs would be entailed, and of even more imporsance~ are ~hos~ firms, organizations, and imdfvfduals who are already ~,n the list requesting ~at~ a~d sewer services. As it is the policy of the Village of Greenport to service new customers outside the Incorporated Village on a first come first se[ve basis, this project would be added to the end of the increasingly long list to utilize a steadily decreasing systems capability. Based on the material developed and reviewed ..... it is concluded that the annexation of this parcel to the Village of G~eenport and its change of zoning from two (2) acres ~o one-qua~te~ (1/4) acre ~ith its hypothetical residential development of one hundred and seventy (170) can be accomplished without significant impact or detriment ~o the environment, surrounding land uses, or adjacent man-made systems " While the subject of permissible density (in comparison to the Village's R! classific=tion that would occur coincident ~ith annexation) is partially addressed by ~eclassification to (Light Multiple-Residence~ District, and ~ould be fully addressed by subseguent reclasslflcation to "HD" (Hamlet Density Residence) District, the concerns regarding ~ater supply and sewage disposal availability remain unresolved at this t~me, and ~ou!d, through the proposed action, be less ef~ectively resolved than by the annexation alternative previously rejected by the Town Board. 69 Alternative - Public vs Private O~nership~ During the scoping session, the Town Board alternative of public vs private ownership d~scussions and experience in both approaches the considered the major differencesr o Public. directed that the be reviewed. Based on following are Time To Develop Project Historically public projects may include condemnation or lengthy negotiations on the pu,chase of property, as ~ell as governmental controlled construction bid processes, all requiring e~%ra time. The Lakeside Garden project ~equired three (3) years until cons~r~ction could actually begin. Cost of Construction Because of Davis Bacon and other State mandated wage scales~ housing construction is estfmated [o cost approxfmatety twenty percent (20~) ~han private. Ta~: Revenues PuDlic o~nership of the property and buildings means less ta~ r~venues. Risks Easier to obtain additlunal project goes over bugger Private. money (taxpayers! if Time - Less time required for development. Cost - Less costly to purchasers and to construct residences. Risk - More risk that project might not be completed ~f Section 6.0 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS The proposed rezoning coupled with the subsequent development of the 48.718 acre parcel will irreversibly and irretrievably commit the following resources to the intended project: (1) a 48.?~8 acre tract of non-productive and unused land will bear development; (2~ money will be commitsed for infrastructure installation and maintenance and individual cap~tal investments will be made in ~esidentlal premises; and (3) energy ~esources will be committed to const[uction activity and to lon§-te~m ~lses for heating, cooling and related functions. As discussed in Section 4 of this DEIS, (l~ should water service of ~ater will occur, thus lessening the surplus available loss of residual capacity will be e~perienced in e~istin? highways, though ~bis may be recaptured through intersection and thus lessening ~he Dresen5 capacity available ~or Dther 72 There is, however, no irreversible or i~retrievable commitment of resources identified that would suggest that the proposed project be reexamined o~ that the proposed action should not o¢cuz. The most significant irreversible or i~,etrievable commitment would be the construction of garden type apartments or moderate income attached housing units that would negate the future availability of one-quarte~ acre lots £o~ detached housing. The most commonly viewed moderate income housing for the ~orking class has been a reasonably priced lo~ on ~cb, utilizing "sweat equity", a house could be constructed. P~ide of ownership, investment ~n a home, and conbrol of residential services and maintenance are most easily development, as co~pared to condominium unit ~ith their accomplisbed by this method of apartmen~ living a~d purchase of - shared cost of se:vices. Also, in ~'eview of ocher available land parcels within the Town, no other one was as viable for one--quarter acre developmen~ (assuming water' al]d sewer are provided) as this particular one. Section 7.0 GROWTH-INDUCING IMPACTS The proposed action will provide the means through ~hich a private developer and the community can work coopezatively to fill a void and address, to the extent allowed by public zoning and utility policy, identified needs regarding "affordable housing". No significant growth-inducing impacts are foceseen on the basis of the p¢oposed action. What will really occur ~s the satisfaction of a poCtion of a pent up demand thst has been d~scussed ~ the Village of GCeenport and %hrougho~lt I~he To~ of So,~thold i~] recent years. Section 8.0 EFFECTS ON USE AND CONSERVATION OF ENERGY RESOURCES No significant impact is projected on the [esources. As discussed in Section 4.23, utility is prepared to provide service to development to meet the projected demand, use of energy the LtLCO electric the proposed while the Village of Creenport may be in a positon to provide a less expensive (cost per kwh~ electric supply alternative. Further, all development within the p¢oposed development will be new construction that must be designed in full accordance with the New York ~uildis~ and Fire Protection Code and the State EneCgy Conservation Code 75 APPENDIX NO. PET'iTION FOR ~EZONING AUGUST 14, 1995 SEP 3 1985 TOWN BOARD TO~ OF SOUT~OLD ~n the Matter of the Application of ~'!~ JOHN COSTELLO, T~wn Clark Petitioner, FOr a Change of Zoning Status in The Town o~ Southold for Property located in said Town from "A" (Residential and Agricultural District) to "M" (Light Multiple Residence District). TO THE TOWN BOARD OF THE TOWN OF SOUTHObD SUFFOLK COUNTY, NEW YORK The Petitioner herein, dohn Cos[clio, respectfully submits to your Town Board as follows: 1. Petitioner is the owrter ,Df a parcel of real property within the Town of Southold and consisting of 48.71~ acres situate on the east side o~ MOOreS Lane and bounJ on the north by Middle Road (County Road 48), all a~ described upon Schedule A annexed hereto. Said premises are pcesently zoned "A" (Residential and Agr~culturaI District). By this p~tition, leave is sought to have the property rezoned to "M" (Light Multiple Residence District). 2. The subject premises was acquired by petitioner from · East End Associates by deaf dated Janu~try 28, 19R5 and recorded in the office of the Clerk of ¢he Cod[~tv .Df Suffolk on February ~985 in Liber 9744 at Page 117. 3. The subjec~ premises i~ vacanl:. It has 1523.2! feat 4. The premises to the east, known as "Map of Fleetwood", Map No. 1351, is developed on a four (4) units per acre basis. The premises to the north across County Road 4~, known as "Eastern Shores Sections 1 4426, 4475, 4586 and 5234, respectively, (3) unit per acre basis. 5. The premises are bounded known as McCann Trailer Park which are purposes for camping and recreational the Incorporated village of Greenport municipal municipal through 5", Map Nos. 40!1, are developed on a three purposes such as water shed utility functions. 6. On the west side of Moores Lane, across from the on the south by lands employed for recreational vehicles, and by lands of which are employed for and recreational and subject parcel is the Incorporated Village of Greenport's Water Plant NO. 3, the village's sewage treatment plant and the scavenger waste treatment facility now under construction. 7. That upon information and belief, the Town of Southold has an obligation to assist in the community's providing housing for the ~esidents of the Town ~ga~dless of their economic status. This petitioner is desirous of h~ving the zoning sta~u~ ~]f the property chal]ged so a~ to ~]]ow the [~ope~ty to be developed for multiple residence due. With such a zoning statds this petitioner can undertake the construction and marketing of multiple residence units at a p~]c~ t~ the p~blic that will assist in helping fill the existing residennial demand for "moderate that of the two acre sites. WHEREFORE, you~ petitioner prays entertain the subject application and upon change the zoning status of Residence. Dated: August 14, 1985 "second" homeowners who are able to a~ford houses on that the Town Board due consideration the premises to Light Multiple APPENDTY NO. 2 AFFIDAVIT OF MAiL:NC NOTICE OF PROPgSED ZONING CHANGE NOTICE TO ADJACENT P~OPERT¥ OWNERS AUGUST i5, 19~5 TOW~ BOARD TOWN OF SOUTHOLD In the Matter of the Application of JOHN COST~LLO, Petitioner, For a Change of Zoning status in The Town of Southold for PrOperty located in said Town from "A" (Residential and Agricultural District) to "M" (Light Multiple Residence District). STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: Elizabeth Ann Stotsky, says: That deponent is not 18 years of age and resides at AFFIDAVIT OF MAILING being duly sworn deposes and a party to the action, is over Riverhead, New York. of August, 1985 deponent served That on the 15th day the within Notice, by certified mail, return receipt requested, upon the owners of record, listed below, of every property which is adjacent to the property which is the subject of the above-captioned petition in accordance with the provisions of Section 100-152 Of the Town Code entitled "Notice of proposed Change of Zoning Classification", copies of the ~ostmarked return receipts are attached hereto. Mr. & Mrs. Willard Crayton Mrs. Bertha Martocchia 398 Middleton Road 968 Middleton Road Greenport, New York 11944 Greenport, New York 11944 Mr. & Mrs. James E. Chute Mr. & Mrs. Paul Poerschke 9 Middleton Road 27 Middleton Road Greenport, New york 11944 Greenport, New York 11944 Mr. & Mrs. Willard Crayton 390 Middleton Road Greenport, New York 11944 Mr. & Mrs. James E. Chute 9 Middleton Road Greenport, New York 11944 Mary Zipkas P. O. Box 222 Greenport, New York 11944 Mr. Antone F. volinski, Jr. Middleton Road Greenport, New York 11944 Mr. William E. Adams, Jr. 770 Middleton Road Greenport, New York 11944 Barbara A. McGinness 820 Middleton Road Greenport, New York 11944 Mr. & Mrs. Sam Campbell 23 Middleton Road Greenport, New York 11944 Mrs. Bertha Martocchia 960 Middleton Road Greenport, New York 11944 Mr. & Mrs. Paul Poerschke 27 Middleton Ro~d Greenport, New York 11944 Mr. & Mrs. Arthur E. Nichols North Road Greenport, New York 11944 Mr. & Mrs. Claudio Giovannelli 3 Middleton Road Greenport, New York 11944 village of Greenport Village Clerk 236 3rd Street Greenport, New York 11944 Mr. Robert Campbell, Jr. Bay Shore Road Greenport, New York 11944 Mr. Paul Corwin 31 Middleton Road Greenport, New York 11944 Mr. John Mulhall 480 Clearview Avenue West Southold, New york 11971 SCHEDULE Mary Zipkas P. O. Box 222 Greenport, New York 11944 Mr. Antone F. Volinski, Jr. Middleton Road Greenport, New york 11944 Mr. William E. Adams, Jr. 770 Middleton Road Greenport, New York 11944 Barbara A. McGinness 820 Middleton Road Greenport, New York 11944 Mr. & Mrs. Sam Campbell 23 Middleton Road Greenport, New York 11944 Sworn to before me this 15th day of August, 1985. Notary Public Mr. & Mrs. Arthu~ E. Nichols North Road Greenport, New York 11944 Mr. & Mrs. Claudio Giovannelli 3 Middleton Road Greenport, New York 11944 village of Greenport Village Clerk 236 3rd street Greenport, New York 11944 Mr. Robert Campbell, Jr. Bay Shore Road Greenport, New York 11944 Mr. Paul Corwin 3i Middleton Road Greenport, New York 11944 Mr. John Mulhall 480 Clearview Avemue West Southold, New York 11971 $1i~abeth Ann ~toCsky~ SOUTBOLD TOWN'S RESOLUTION SBQR DOCUMENTaTiON SEPTEMBER 24, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 OFFICE OF THE TOWN CLERK IOWN OF 8OUIIIOLO NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT IY~ted: Sel~t~rber 24~ 1985 Pm'.~oant to the provisions of Article 8 of the Environmental Con~er~ation Law, Part 617 of Title 6 of the New York 8tare Codes, Rules smd Re~ulagions, ~nd Ch~p~er 44 of the Southold Toval Code, the Southold Town Board, as lead agency, doc~ hereby determine that the action described below is ~ TE~e I action smd is likely to have m significant effect on gh~ envLrona~nt. Petition of John A. Costello for a chan~e of zone fr~n "A" P~sidential AgTicu~tural District to ".%i" Light ~hlltiple Residence District on certain property located on the corner of Fk~ure 48 mid ~{oores Lsne~ Greenport, N~v York. Fttcther i~for~tion In~y be obtained by con%actinK [%rs. Judith T. Terry, Southold Oopies to: Charles T. ~5mnilton, DEC, Stony Brook Coranis$ioner W~lli~ms, DEC, Albany OFFICE OF THE TOWN CLERK TO',~ OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southoid, New York ll971 %~[~q~L~, John A. Costello has heretofore submitted a petition to ~he Southotd To,fa Bo~d for ~ Change of Zone from "A" Residential and AgrlculL~ural Distric~ to "M" Light ~0~tiDle Residence District on ce~ain property located on the corner of Rou[e Judith r. Terry Southold To%m Clerk APPENDIX NO. 4 DOCUMENTATION REGARDING SCHOOLS AND EDUCATION GREENPORT UNION FREE SCHOOL DISTRICT TOWN of SOUI'HOLD : GREENPORT, NEW YORK 11944 February 4, 1985 Mr. John Costello ~iggins Lane Greenport, New York Dear Mr. Costello: As marion: 11944 per your request I am pleased to provide you with the following infor- I. Expense per popil 1984-85 - $4,]25 - according to t~e New York State Education Conference Board printed and dated January 23, I985 2. Enrollment for 1970-71 through i984-85 - see attachment #2 3. Enrollment for I984-85 and projections for 1985-86 - see attachment #3 4. Map of School District - see attachment ~4 5. Building Capacity - students K-6 486 7-12 705 l,lYl Total as indicated by the New York State Department of Education, Bureau of Reorganization, Consolidation Study dated January 13, 1984. 6. Taxable Assessed Valuations for School Purposes - $12,056,889 - see attachment #6 Should you need additional information or further assistance, please do not hesitate to contact me, liy, Superintendent of Schools CJN/maw Enclosures GREENPORT PUBLIC SCHOOLS Greenport, New York ENROLLNENT FIGURES YEAR PUPIL EI~ROLLI~NT 19/0 - 71 936 1971 - 72 896 1972 - 73 867 1973 - 74 856 1974 - 75 87i 19/5 - 76 896 1976 - 77 881 1977 - 78 849 1978 - 79 817 1979 - 80 783 1980 - 81 715 1981 - 82 687 1982 ~ 83 670 1983 - 84 660 1984 - 85 621 GREENPORT PUBLIC SCHOOLS Greenport, New York EI~OLLMENT (as of September 1984) , Kindergarten 35 ,L, Grade ! 45 ? Grade 2 49 Grade 3 32 Grade 4 33 Grade 5 4l ,, Grade 6 42 -, Grade 7 37 : Grade 8 6! Grade 9 44 Grade 10 45 ,,= Grade 1! 52 Grade 12 54 Special Education 34 ,_ Combined Programs BOCES Special 17 Education TOTAL 621 PRO~£CTED ENROLLY~NT (for ~epte~m~er IS~5) Kindergarten '43 Grade ! 35 Grade 2 45 Grade 3 49 Grade 4 32 Grade 5 33 Grade 6 41 Grade 7 54 Grade 8 37 Grade 9 61 Grade JO 44 Grade Il 45 Grade 12 52 Special Education 34 Combifled Programs BOCES Specia! 17 Education TOTAL 622 o APPENDIX NO. 5 INSTITUTE FOR TRANSPORTATION ENGINEERING TRIP GENERATION DATA 200--Residential This section summarizes trip generatioa for all types of resident iai dwellings. Each category of residential housing, particularly single-family detached housing and apartments, u,ed data from a wide range of units with varying sizes, price ranges, locations and ages. Con- sequently, there could be as wide a variation in trips generated within each category as there is between different categories. As expected~ dwelling units that were larger in size, more expensive or farther away from the central business districts had a higher trip generatiun rate per unit than those smaller in size. less ex- pensive or closer to the CBD. However, other (instead of ~ome linear relationship) concern- ing size. cost and location of dwelling unit and the income of the occupant could be made. As expected, the 'single-family detached unit has the highest generation rate per unit of all residential uses. Th!s is followed by apart- ments, with retirement communities having the lowest rate. The rate for planned unit de- velopmente, which has a mix of single-family, detached uhits and apartments, is in between these two types. Single-family detached units have the highest rate because: 1)They are the they are generally located farther away [rom attractors than are other types; and 3) [hey have fewer alternate modes available l:ecause they axe not as concentrated as other ty~es of . units. 7 Summary of Rate Tables of thc Different Types of Dwelling Units. 210 Single Famil> Detached Unit 230 Condominium Average Weekday VehicJe Trip Ends per Unit Average Maximum M~imum 10.0 21.9 4.3 6.i 12.3 0.5 5.4 5.5 4.7 3.7 6.4 12. 5.1 9.4 0.6 5.4 6.8 2.8 3.3 4.9 2.8 7.9 10.0 62 .rr APPENDIX NO. 6 LETTER FROM SUFFOLK COUNTY HEALTH DEPARTMENT COUNTY OF ~;U FF"OLK Febrdary 14, 1985 Merlon E. Wiggin, Ph.D., M.E. President ['econi£ Associates, Inc. Dear Mr. Wlggin: SUBJECT: DRAFT ENVIRONMENTAL IMPACT STA'IEb~NT - ANNEXATION PROPOSAL - VILLAGE OF I]REENPOR'I (JOHN COS'£ELLO) Your letter of February 6, 1985 and the attsched sketch plan for the proposed d~velopment of the 48.718 acre parcel bordering the Village of Greenport has Merion E. Wiggin, Ph.D., M.E. Page 2 February 14, 1985 ~AV/js Any development at the parcel will have some impact on the aquifer. If viliage sewecs are installed then ail waste waters will be discharged through the system to Long Island Soumd. Singe the Moore's Lame well field is not one of ~he major sources of the village water supply, even if on site sanitary disposal systems are installed, these discharges would in effect augment the groundwater in the area since most times the village Prior to soy approval of a subdivision, ei~he~ residantiai, Co~ercial or The Lead Agent, be if Southold Iown or greenport Village, will mo$~ likely require an gfiviroumenta[ impact Statement and as an involved agency we will have ~o respond to ~aith related and enviro~mental issues. Our position should be basically as set forth, therefore, your ul£imate design should APPENDIX NO. Y DOCUMENTATION REGARDING TAX REVENUES TAX RATES DIST.. #10 ~reenport Village 40.743 COUNTY 26.601 TOWN 234. 564 SC~IOOL _ SP. DIST 30L908 TOTAL CODE 148. 2~, 748 948 (Ministmr) ' PARK WASTE WTE TOTAL DXST. #10 Out~ide Villoge .CODE 145m 40.743 CO U~Ty FIRE 3l PARK 69. 324 TOWN MOS0 234. 564 SCHOOL GARBAGE.__ WATER 354.4~9 TOTA~. WAST~- ~TR 20 TOTAL 9.027 .778 9.805 244.369 x 44-= 2C~a~o,-- APPENDIX NO. 8 TEST ~;ELL DATA KREIGER WELL & PUMP CORP. John Cost ello Box AK Greenpor t, NY 11944 June 13,1985 Re: 5" test well S-78964T C/O Rte 48 & Moores Lane Greenport, NY To whom it may concern; This is to certify that we drilled a test well at tke above mentioned location, to a depth of 57 feet. Static water is 11 feet, with 10 feet of stainless steel screen. The well was pumped at a rate of 250 gallons per minute for a period of 6 hours, on May 9,198§. At 21'- Hardpan, from 31-57'- sand and Enclosed are the results of the water tests take~ after the test pumping. Sincerely, Kre&ge~ Well & Pump Corp Robert G. Lauriguet ~TEE~T LABORATORIES, INC. ENWRONMENTAL TESTING 377 SHEFFIELD AVE. · N. BABYLON, N.Y. 11703 · (516) 422-5777 Jc~]n W. Hall~an Ltd. P.O. Box 423 Shelter Island Ueights, NY 11965 June 3, 1985 L~851075/4 Chloride as C1, m~/L 12 Iron as Fe, rag/L <0.05 Nitrate as N, mg/L <0.5 pH, units 6.4 Manganese as Mn, ~g/L <0.02 DL~tECTCR SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY PUELIC WATER PRIVATE WATER SWIMMING POOL SEACH SEWAGE WATER SUPPLY SAMPLE DATA SEWAGE PLANT SAMPLE DATA .SEO.L¥ ']NOARD PLATE COUNT/mi g24 HRS. 35'C) MOST PROBABLE NUMBER/100 mi MEMBRANEFILTER -=Lab No. · Date: ~ -.-Time: Col. By: ~ (NamP not hlitial$) Date Received in Lab MAY ~J 7 ~ Public Wata~ , Private Water Date Completed Examined By Owner or District __ : zr~tas (mx N) ,fates (mg/1 SO4) Color (Uni~) ~-n In.V1 Fe) Cadmium (mg/I Cd) ,: ppe~ (rng/I Cu} Lead {mg/I Pa) Chromium (m~/I) ' Ldium img)l Ne} Cyanide {mg/I Resample [] T. Solids (rog/I) - 1SO°C DIRECTOR TRACE ORGANIC ANALYSIS OF WATER Colleccio~ .ppb Compoand ppb__ vinyl chloride ........ methylene chloride .... bromochloromethane .... 1,1 dichloroethana .... trans dichloroethylene. Compound %.306 ]323 1294 1 bromo 2 chloroer ~,2 dichloropropaae ... 1,1,2 trichloroethylene chlorodibromomethane .. 1,2 dibromoethane ..... 2 bromo 1 chloropropaae freon 113 ............. :302 bromodichloromethame . 408 frans dichloropropeme 250 benzene ................ 251 toluene ................ 258 chlorobenzene ............ 259 ethylbenzene ............ 254 o-xylene ............... ~5,2 n-xyl=ne ............... 419 1,3,5 trimethylbenze~e . 418 1,2,4 trlme~hylbenzeme 435 1,2,4,5 ~etramethylbeaz' 437 1,2,4 trichlorobenzene . 438 1,2,3 trichlorohenzeme 409 1,1,!,2 =e~rachl'oethane 431 1]l~1,2 te~--rachl'propaue 433 1,2,3 ~richloropropane . SUFFOLK COUNTY DEPARTMENT OF DIVISION OF MEDICAL LEGAL INVESTIGATIONS P~LIC HEALTH LABOrATOrY PESTICIDE ANALYSIS OF WATER · ' (8) Com~un£~y / Sa~llnq Poin~ -' (20) Pub Ncom ~:7 PTiv (31) Well / (14) Di~=ri¢= / (13) Sec=ion / (16) Block / (~?) Lo= / Remarks / Owner '"'(554) A!~icarb ~ul_~one ..... 3-H.vdroxycarbofuran .. W-- ~ Ca,beryl ............. ~ \ 1-~aph=ho1 ........... ~ \ ( 78) Ni~ra=a . .......... / / / / / PUBLIC HEARING SOUTHOLD TOWN BOARD OCTOBER 29, 1985 7:30 P.M. IN THE MATTER OF THE PETITION OF JOHN A. COSTELLO FOR A CHANGE OF ZONE FROM "A" RESIDENT]AL AND AGRICULTURAL DISTRICT TO "M" LIGHT MULTIPLE RESIDENCE DISTRICT AT GREENPORT, TOWN OF SOUTHOLD, NEW YORK. Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul StoutenbLirgh Councilman James A. Schondebare Councilwoman Jean W. Cochrill Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a public hearing on the cl~ange of zone petition of John A. Costello, the legal notice to be read by Councilman Townsend. COUNCILMAN TOWNSEND: The legal notice reads as follows: "Pursuant to Section 265 of tl~e Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hail, Main Road, Southold, New York, at 7:30 o~clock P.M., on the 29th day of October, 1985, on the proposal of Jol~n A. Costello tc. amend the Building Zone Ordinance, [including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A'~ Residential and Agricultural District to "M" Light Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows:" What follows is a the metes and bounds description which I'll dispense with now. The property lies on southeast corner of Route ~8 and Moores Lane, approximately z18 acres. We have notice of publication in The Suffolk Times, The Long Island Traveler- Watchman, and posted on the Town Clerk's Bulletin Board. There is a recommendation from the County Planning Board which reads as follows: "Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on October 2, 1985 reviewed the above captioned application and after due study and deliberation Resolved to approve it subject to the following: 1. Premises shall be restricted for affol-dable housing a~comodaBons; 2. All dwelling units shall be owner occuped; and 3. A qualified purchaser clause shall be established with occupancy guaranteed for a minimum of five (5) years, if the housing unit is sold prior to the expiration of such time period, all profits shall be retained by the Town of Southold for affordable housing purposes." Signed, Lee Koppelman. We have a letter from the Town Planning Board: "Resolved £hat the Southold Town P~anning Board recommend to the Town Board that the cha~ge of zone application of John Costello from "A" Agricultural and Residential to "M" Light Multiple, located at Green~ort, be approved. It is the Planning Board's intent, in enforsing the M, Light MuRiple zone, to obtain affordable I]ousin9. Therefore, the Board also recommends ~a~e 2 - Costello Change ~ Zone hearing that any approval be conditioned upon obtaining approved cove~a~ts and restrictions to parallel the "Hamlet Density" zone in the proposed zoning ordinance to provide for affordable housing." There are a couple of letters on the file. One is a statement by Martin Tre~t of Orient. Be would like it read so I will comply with that request. "Statement by Martin Trent of Orient, New York to the Southold Town Board regarding the Costello zone change request at the public hearing he~d on October 29, 1985. I believe the Town Board members already know my views, and that I can support those views with facts. So, I'll just briefly restate them for the record. I oppose the size and density of the requested downzoning. It is eight times the density currently allowed. Two acre zoning was adopted by Southold to preserve its rural character, quality ol~ life~ and to protect the environment. One quarter acre zoning does nothing to further these goals. Tt]e proposed downzo~aing would result in the loss of open space and a desperately needed watershed area for the Village of Greenport's water supply. One quart,-=r acre zoning does nothing to address these problems. The requested downzoning is contrary to the recommendations of the North Fork Water Supply Plan, allowing up to eight dmes the consumptive water use. This is of great concern considering that Greenport Water District had to close down wellfields 4 and 8 this past summer dt~e to saltwater intlnJsion. One quarter acre zoning would make matters worse and exacerbate this situation. The proposed downzoning would result in Southold Town subsidizing greater profits for a real estate speculator who knowingly purchased a property zoned two acres. I don't need to hear lectures about the desirability of affordable housing. Of course it's desirable. I've worked my tail off since I was 16 years old to make my home affordable! The Town Board need not approve this proposal just because it's there. Southold deserves better. For these reasons, I ask the Town Board to retain the current zoning. H The second letter is from William L. Schoreher, President, Stirling Eastern Shores. "We wisla to bring to your attention that recent statements made as to the current zoning of Eastern Shores as being 1/3 acre is incorrect. Eastern Shores is comprised of two sections the smaller of the two entering on McCann's Lane. This contains 66 lots on 35.05 acres; the average lot being approximately 1/2 acre in size. The larger portioll of Eastern Shores enters onto Moore's Lane North and is nearest the Costello property; consequently it will be most effected by any down zoning. This section is zoned for 1/2 acre lots with some parcels nearly an acre or more. Also, please be aware that Hon~estead Acres, a new development now under construction near the Costello property is zoned for 1/2 to one full acre plus lots. Thank you for your time, we hope this clarifies some of the facts involved." I believe that is the entire file. SUPERVISOR MURPHY: Thank you, Joe. Is there anyol~e here would like--I see the applicant here. Would he like to address the Town Board~ or his representative? John? MR. JOHN A. COSTELLO: Well, as you all know there is a lack of affordable housing projects in Southold. I'm not recommending that even this could possibly be at'fordable. Moderate income housing is a problem. There are no small lots. They are being bougl~t up, I don't know if Mr. Trent is here SUPERVISOR. MURPHY: He's not t]ere. MR. COSTELLO: Mr. Trent is advocating--there is a watershed area ii] this district. It the water isn't used in some areas, this water isn't stagnated, it t'lows out to the sea, then it is lost. There's hundreds of acres of watershed area next to this parcel in the Greenport area. There's water on this parcel that I tl~ink will accomodate more than what we're advocating on the property. Presently I don't believe that Southold Pag~ 3 - Gostello Change o~ Zone hearing Town has the zoning, has any guarantees, has any stipulations that will guarantee an,/ type of affordable housing. "M" zone, I don't believe, completely does it. Southampton has modified their "M" zone and gives an incentive for putting higher densities on. For instance on their similar "M" zone zoning their incentive is to put more houses on the property you hive to allow a certain percentage of that housing to be developed as moderate income housing. Even on their five acre parcels, their three acre parcels in Southampton they'll give you increased density if you will allow a percentage of that density to go to affordable housing. This basn't been done in Southold. You know, as of July 16th you decreased the density on the "M" zone. With water and sewer, before July 16th, there was six units--dwelling units allowed. In July you reduced it to rout, Without water and sewer you have it down to two. I mean I'm sure there must have been a lot of thought into that. This "M" zone presently and the reason for this hearing only allows one acre parcels. If tbe "M" zone is approved. It's going to t~ketJme to pursue water:.and sewer. Mr. Trent also speaks about consumptive use of water. Roof runoff with dry well systems, proper recharging in the area, which is basically one of the Planning Board's jobs, will have a positive result in groundwater. Mr. Trent, you know, can figure that one out and then he can talk with his engineers or whoever, you know. I know Trent isn't speaking for the Health Department, but as an individual and God bless him for it. These concerns, right now are to try to get the lots developed to give any of tile young people the best opportunity that's available in Southold Town. Presently "M" zone is it. I think there's a lot of work that has to be done on it. I'm going to try to pursue the "M" zone. Thank you. SUPERVISOR MURPHY: Thank you, John. Merle, do you want to speak? MR. MERLON WIGGIN: I might just add a couple or things to what John has already said. The "M" zone, as you know, [s limited to 40,000 square feet. The density can be four units. This means you would have a choice of apartment type units of four units within a single structure. This makes it difficult to pursue the public idea of quarter acre zoning and sweat equity in your own house on your own Int. Now one thing this perhaps does do is that after the "M" zone is approved and the masher planner comes along the line and then it gets changed to a Hamlet Density, then that provides the provision to go to one quarter acre lots, which is what we've been talking about at ma~zy of the public hearings. I would just like to clarify that. This "M" zone is only a step towards what we've been trying to achieve for tbe affordable housing and moderate income housing. The other thing I might add is that this is probably --let me back up a second. When we did the DI=IS we were directed to look at other lots that would be available in Southold Town that could be developed for moderate income houses. This is probably the best possible there is available that has the most easy access to public water and public sewer. Some of the others do have public water, but none of them have public sewer. Most of the others are zoned two acres now, with one, I tbink, proposed in the Master Plan to be zoned one acre. So it's been talked about numbers of need in Southold Town of I50 to 2l]0 house lots or moderate income [lousing units. This is probably one of the best parcels available for this. If this is not pursued along this line then it makes it more difficult, in our opinion, to find other parcels that could be used to meet the needs of tbe moderate income housing. Hopefully I £1arified some of tbe things of what the "M" zone does and what it does not do. COUNCILMAN STOUTENBURGN; Merlon, excluse me. Would you just clarify that first point again. I~ag~: 4 Costello Change ~ Zone hearing ., MR. WIGGINS: The size of the ~'M" zone lots? COUNCILMAN STOUTENBURGH: Yes. MR. WIGGINS: That's 20,000 square feet, so to achieve the density of four units per acre, or 40,000 square feet, it l~as to be in a single structure. There is only one structure allowed per acre lot in the "M" zone. Does that clarify that? COUNCILMAN STOUTENBURGH: Yes. SUPERVISOR MURPHY: Okay. On the left over here, is there anyone would liI~e to speak in favor of tllis proposed zone change? (No response.) Anyone in the middle.~ (No response.) Anyone on the right? (No response.) Anyone like to speak in opposition to this proposed zone change? Go ahead, sir. MR. WILLAIM L. SCHOREHER: First of all in yesterday's Newsday it said that John Costello is going to build 72 houses in this area. I~ Mr. Costello going to be the prime contractor on this project? At~d will the 72 homes take up tile entire property, 50 or 48.5 acres, whatever it is? If not, what's going to happen to the balance of the acreage? Number two, I don't know where Mr. Costello got his information from, but Eastern Shores and Homestead Acres are not 1/3 acres. They are half acre plots. And number three, I don't think I'm stupid, but I would like to know what affordable housing is in Southold Town.~ Nobody has ever defined it or described it to me. would like somebody to describe it to me, whether it be Mr. Costello or Joe Townsend. Thank you. SUPERVISOR MURPHY: Is there anyone else would like to make any comments? (No response.) Anyone like to make any comments at all? John? MR. COSTELLO: I'd like to answer MI'. Schoreher. There's five different subdivisions in I~astern Shores. Anytime you'd like to submit the maps of the division. Tt~e largest parcel on it is one acre lot up on the Sound and down on I~lcCann Drive and a few of those Drives it calculates the entire subdivision, there are three houses pe~ acre and I'm willing to supply him with maps. At that day and age, you know, that was allowable and it's a fact and I think it's a good community for the Village of Greenport and Town of $outhold. We need that size lots, I~m not condemning them for it. This subdivisiorl was just planned that way and it was allowed at that time. Well, as affordable housing goes, and he wants an explanation on affordable housing, I think that to start affordable housing is trying to get a smaller lot at the most economical price in the hands of the person that needs it. ThaPs a start. I think--I don't believe that a~ly young person, and I'm sure and himself included, didn't contribute and didn't work on his house in stages over a period of years. A second home builder might be able to write ti~e checks, The working man and the younger people, and I'm sure most everyone here, everyone in this room, put the sweat equity into it because they didn't have the money, but they had plenty of backbone. That develops into affordable housing. They can stop anytime you get Ured. Or run out of money. And each and every one of us doesn't have wl;eelbarrows full of it. As a second home, if you sold your first one and made a big profit, you might be able to hire the entire job out. I would hate ,;o build a house, with a garage, landscape it, put sod in, put sprinkle~ systems in, pour the water on the grass, have it green, and tl~en have some young guy say, you worked it right out of my ballpark. I can't afford the garage, the fireplace, the sod, the sprinklers, but I would take the bare house. And I think there's more people in that field and more people with that need than a~y othet* single group in Southold and like to see them get it. Get that oppol'tunity. And I believe that Soutl~old Town has that obligation to make sur~ they do. Thank you. SUPERVISOR MURPHY: Thank you, John. Joe, would you like to make a comment? Page 5- Costello Change 4. Zone hearing COUNCILMAN TOWNSEND: Just on I don~t know whether Mr. Schoreher was referring to--wanted to know wbat the price, or what I thought tile price of affordabIe housing was. That was, I think, your question. MR. SCHOREHER: That's right, Joe. What is tbe price for affot-dable housing? COUNCILMAN TOWNSEND: I think on the Housing Committee they looked at that and the figures they came up witb were, I think, between ~65,000 and $70,000, based on the mean income of Southold residents. I have to review their report, which I didn't bring with me at this time, but I think that was the figure they came up with. There are guidelines as to what affordable housing is and it's based on a certain percentage of your income being used for mortage payments and so forth, and making certain assumptions about how much money you may have set aside. But generally that figure is anywhere fron~ $65,000 to $80,000. I think in this Town it's a little bit shy of $80,000 because we don~t have that high a mean income. Jay just points out that under certain proposals that we have before us they're proposing a $58,000 house. That house is subsidized by the other houses ~n that particular proposal. I know that Greenport has found someone who wil[ put a house up on a lot for $z~8,000 and these are under MR. SCHOREHER: Is this considered subsidized housing? COUNCILMAN TOWNSEND: No, I don~t believe it's considered subsidized, other than the fact tbere may be some zoning considerations. That could be a subsidy of sorts, but I don't think it's subsidized by any straight dollars from the Federal government or from your taxes. SUPERVISOR MURPHY: Okay. Is there any other Town Board member would like to make any commerlts on this? COUNCILMAN TOWNSEND: I'm just answering some questions. SUPERVISOR MURPHY: Would you like to make some comments on the hearing? COUNCILMAN TOWNSEND; No. SUPERVISOR MURPHY: Jay? (No.) Jean? (Thank you, no.) Ray? (Nothing, thank you.) Paul? (No.) Anyone else? (No response.) If not we'll close the hearing. Hearing closed at 7:53 P,M. STATEMENT BY MARTIN TRENT OF ORIENT, NEW YORK TO THE SOUTHOLD TOWN BOARD 'REGARDING THE CQSTELLO ZONE CHANGE REQUEST AT THE PUBLIC HEARING HELD ON OCTOBER 29, 1985 I RELIEVE THE TOWN BOARD MEMBERS ALREADY KNOW MY VIEWS, AND THAT I CAN SUPPORT THOSE VIEWS WITH THE FACTS- SO, {ill JUST BRIEFLY RESTATE THEM FOR THE RECORD- I OPPOSE THE SIZE AND DENSITY OF THE REQUESTED DOWNZONING- IT Is EIGHT TIMES THE DENSITY CURRENTLY ALLOWED. TWO-ACRE ZONTNG WAS ADOPTED BY SOUTHOLD TO PRESERVE ITS RURAL CHARACTER, QUALITY OF LIFE~ AND TO PROTECT THE ENVIRONMENT- ONE-QUARTER-ACRE ZONING DOES NOTHING TO FURTHER THESE GOALS- THE PROPOSED DOWNZONING WOULD RESULT IN THE LOSS OF OPEN SPACE AND A DESPERATELY NEEDED WATERSHED AREA FOR THE VILLAGE OF GREENPORT'S WATER SUPPLY- ONE-QUARTER-ACR£ ZONING DOES NOTHING TO ADDRESS THESE PROBLEMS- THE REQUESTED DOWNZONING IS CONTRARY TO THE RECOMMENDATIONS OF THE NORTH FORK WATER SUPPLY PLAN, ALLOWING UP TO EIGHT TIMES THE ~WATER USE. THIS IS OF 6REAT CONCERN CONSIDERING THAT GREENPORT WATER DISTRICT HAD TO CLOSE DOWN WELLFIELDS q AND ~ THI~ PAST SUMMER DUE TO SALTWATER INTRUSION. ONE-QUARTER-ACRE ZONIN6 WOULD MANE MATTERS WORSE AND EXACERBATE THIS SITUATION- PAGE THE PROPOSED DOWNZONING WOU~D RESULT IN SOIlTROLD TOWN SUBSIDIZING GREATER PROFITS FOR A REAL ESTATE SPECULATOR WHO KNOWLINGLY PURCHASED A PROPERTY ZONED TWO-ACRES, ~ DON'T NEED TO HEAR LECTURES ABOUT THE DESIRABILITY OF ACCORDASLE HOUSING. OF COURSE IT'S DESIRABLE. I'vE WORKED MY TAIL OFF SINGE I WAS l~ YEARS OLD TO ~ MY HOME AFFORDABLE! THE TOWN BOARD NEED NOT APPROVE THIS PROPOSAL JUST BECAUSE IT'S THERE- SOUTHOLD DESERVEG BETTER. FOR THESE REASONS, I ASK THE TOWN 8OARD TO RETAIN THE CURRENT ZONING. MARTIN TRENT ORIENT, NEW YORK 10/29/85 OCT 8 STIRLING EASTERN SHORES ASSOCIATION, INC, Box 151 Greenport, New York 11944 October 29, 1985 ~,~. Frank Murphy, Supervisor Town of Scuthold Mmin Road Southold. N.Y. 11971 Members of the Town Board D~ar Mr. Murphy mhd Members of the Town Board: %~e wish to brir~.~ to your attention that recent statements made as to the cur~e95 zoning of Eastern Snores as bein~ 1/3 acres is incorrect . Eastern Shores is comprised oF two sectlons - the smaller of the two enteri~E on Mo C~nn'~ L~ne. T~ls parcel contains 66 lots on 35.05 acres; the ~vera~e lot being ~pproxlmmtely 1/2 acre in s~ze. The l~rger portion oF Eastern Shores enters onto Moore's L~ne J~orth and is nearest the Costello property; consequently it will be most effected by ~ny down zoning. This section is zoned for 1/2 acre lots with some parcels nearly an ~cre or more. Also. please be aware that Homestead Acres, a new develo;ment now under construction near the Costello property is zoned for 1/2 one full acre plus lots. to Thank you for your time. we hope this clarifies some oF the £~cts Yours very truly, William L. Schoreher S~irllmg E~stern S~ores P.0. ~o× 279 Riverhead, N.Y, 11901 COUNTY OF SUFFOLK October 22, 1985 Application of '~ohn A. Costello" iowa of Southold (SD-85-15). Dear ~. Essek$: %n response to your letter of Octobe~ 18, 1985 relative to the above referenced and the conditional approval s~t forth by the Suffolk County Plan- ming Commission om October 2~ 1985, please be advised that phraseology_ in the Commi$&io~ determination permits discretionary crtterio~ as established by the Town of Southold. A source for such affordable housing and related criteria is Chapter 9 oF the Southampton ToTzm Code. Director of Planning GGN:jk Encl.: (i) Chapter 9 cc: Town Clerk / LI~,¢;AI. NOTICE · NO'{'ICE OF HEAitlr~:G i ON PROPOSAL 're AMEND , ZONING ORDINANCE : Pvrsuant to~¢ ( 265 ()Fi.h,, ~ : Suflbik ('(.mb'. Xew York. a"~ po!',l~e h(mring will bc, h,,hl by the ' Town Board of die 'l'ow~ el' ~ ~m~llmhl iii Ih~ Noulhold Town I f~li. b[Itln Road. Smdhold. %m ' '.. Y'm'k, at ?:30 o'Hock P.M.. ,n I he ' · 2)th day of'October, 19~. on Ijle . p-oposnl of John A. Costello to ;}~' > ,a~end the BUilding ZOne O~i- ?'3 :n~n~ ~inc]uding fl,u Building ~or)(:Jup~) or I ho F)~ r of ~OTII oM. Sultblk CmmLy. New York. ? u:d and AgrJculLura Dislrk. i ~9 ' lying or p~rcei of lnn~l, s~tuate. mtd being 'aL Grc~n9o~ Town' "mth'.;ld.(:mJnryoi'Sul: Iblk a tare of'New Yor]:.. nnd mt)tv lmrticolarly l)ound(:d und descr_,bed as f,,)llov, s: I~,E(.;INNING tit. th(: point of intc*r~ectinn nf 1. k,~ (,n.~t(,rly lin(. of M(wn'e'.,- I.an(, whh Ih(, ~(Hllh- (,rl;, lin(. of MMdh, Et)ad ,CourtLy Ruud 4~:. ~itl point bcmg the prernJst's herein descril)ed: run- ning thence along ~aid southerly line ef Middl*. I[oad throe ('(mr~(,s' ( i t Nm'th {{({ d('){rm,s. 0g minuh,,~. 10 ~,comb. Eust 9(L61 tbe~; lh(,nce '2] Noi'd] 6U deg'ree~=. 02 minmes. ~0 ~econd~ 9~;5A0 I~el; thence ,3 No~h 71 ~3Ut~oj s~ 'z~og~uoo3 PoIqno~ ~p ~ ~o~ s;uoa~d qa*o$ o3 po~t, STATE OF NEW YORK ) ) SS: COUNTY OFSUFFOLK ) Mary'Kt Deqnan of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published st'GreenPort, ~n 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 w6eks successively, commencing on the ~ day of :October 19 85: I LEGAl. NO'flCi~ ~' ~:'~ /'''~''' ' ! .',O'I'I('E OF HEARING ON ' i "" PROPObALTO AMEND COUNTY OF SUFFOLK ~ ZONING ORDINANCI~ STATE OF NEW YORK !';' P0rsuan~'~to g~ction'265 of I.Ile T6wn Law ami rcq~,ire- merits of tile ('nde of ~11~, To~ n ~.' Of ~ou~oI~, S~olk New York, a public'hea~' i':.. will be held by the Town Board of the Tow~m uf Somhold at tl~c Soathold 'l'o~n Hail. Main Road, Southold. New York 7:3{} o'clock P.M.. on ~he 291h day of October. 1985. ot~ the ,, p~x~posal of.Io}m A. Costullo ,, ameud the Buikling Zone Of ' dinance 0nclmting Ihe Il.il{t- ing Zone Maps) of lhe 'l'own of houthold. Su~lt- C,~tmlv Ne~ York. lab changing h'on: "A" Residenliai and Agricuhtiral District to "M" Light Muhiple Residence Dis, riyl all ~h:u ocr- lain plot. piece or parcel of land. ~il~xate, lying and being at Greenport, Town of old, County of Suffolk and Slate of New York. an~ more particularly hounded and de- scribed ;~ follow~: BEGINNING aL the poinl of . imet~eedon of die e~su:rly line of M~l-e'~ l.ane ~hh Ihe somheriy line of Middle Road (Couoty Roud 4~). ~uid pohu being Ibc norLh~:eMcr~) corner of d~e premi~e~ herein serib~M: running d~ence along ~aid ~omherlv line of Middle Roud tln'~e course,,: (!] ~orth 66 degrees. 09 minu~e~. 10 see.onds I;a~l %.01 foci; thence {2) North fiq degrees. 02 minulca, l0 seeoads qS5.10 feet: thence (3) North 71 degrees 28 minules 20 Onds Earl 312.64 I'e.el io "' westerly line of a ~uhdivision [~' ~own as "Flee~eld"; thence, along saki ~esterl3 Hae of "Fleetl'ield." South 16 de.- grees. 01 minutes 50 East 1450.11 Met to land ol Village ~ff Greenpor~: along si:id land of Village of Grecnport. I~xo courses: {l) SOllth 58 degrees, 15 mi[Rite> 00 seeond~ WeRi 714.04 thence (2) South 74 degree`.. 45 minules 0(} seconds West 670.0(} feet Io said easLcrl3 linc of Moore's I.a~e; i~encc aiong ..aid easterly line ut' Moore's La~c, NorLh 17 degree~. miliules, 00 sec'ond~ We.s~ J523.22 IYet to the pnim 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 successivel y, commencing on the ........... .//.7. ..~. ...... d a~_~<~. ~.' ~ .¢~7~...~'%'~... ..... 19...~?.'7- Notary Public BARBARA FORBES Notary Public, 8tal:e of New York Qualified in Suffolk C.,ounty _ Commission Expires March 80, 19~'~ ':' ~7186 'acres. Any~ p~rsou de~il~{~g 'i:o be heard oii ~he proposed amend- ment should appear at the Ume and plac~ above so speo- fled. DATED: October 8, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK lT-10/17/8S(9) STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. FERRY, Town Clerk of York, being duly sworn, says that years; that on the llth day of the Town of Southold, New she is over the age of twenty-one October 7985 , 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 HaH, Main Road, Southold, New York 11971. Legal Notice - Notice of hearing on Proposal to Amend Zoning Ordinance Petition of John A. Costello for a change of zone. ,7:30 P.M., Tuesday, October 29, 1985, Southold Town Hall. -" Juditb T, Terry Southold Town Clerk Sworn to before me this LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of 5outhold, Suffolk County, New York, a public hearing will be held ,, by tJ~e Town Board of the Town of Southoid at the 5outhold Town Halt, Main Road, Southo]d, New York, at 7:30 o'clock P.M., on the 29kb day or October, 1985, on the proposal of John A. Coste][o to amend the Buildh]g Zone Ordiannc< (including the Building Zone Maps) of the I~own of $outhold, Suffolk County, New York, by changing frorQ "Au Residential and Agricultural District to "M" Light Muidple Residence District all that certain plot, piece or parce] of land, situate, lyinfj and being at Greenport, To~vn of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at the point of intersection of the easterly line of Moorels Lane with the southerly line of Middle Road (County Road 48), said point being the northwesterly corner of the premises herein described; running thence along said southerly line of Middle Road three courses: (1) NortE 66 degrees, 09 minutes, 10 seconds East 96.61 feet; thence (2) North 69 degrees, ~ 02 minutes, I0 seconds East 985.10 feet; thence (3) North 71 degrees 28 minutes 20 seconds East 312.64 feet to the westerly line of a subdivision knownI as "Fleetfield"; thence along said westerly [Jne of "Fleetfield", South 16 degrees{, 01 minutes 50 seconds East 1~50.11 feet to land of Village of Creenport; thence along said land of Village of Greenport, two courses: (I] 5outh 58 degrees, 15 minutes 00 seconds West 714.0LI feet; thence (2) South 7~ degrees, 45 minutes 00 seconds West 670,00 feet to said easterly line of Moore's Lane; thence along said easterly line of I~ool'e's Lane, North 17 degrees, I5 minutes, 00 seconds West 1523,22 feet to the point of BEGINNING. C~ntaining ~8.7186 Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: October 8, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Publit earing John A. Costello PLEASE PUBLISH ONCE, OCTOBER 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 Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk"s Bulletin Board Southold Town Pla[ming Board John A. Costello LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of tne Code of the Town of Southold, Suffolk County, New York, a public hearing will be held· = by the Town Board of the Town of Southold at the Southold Town I~all, Main ; Road. Southold, New YorF¢, at 7:30 o'clock P.M., on the 29th day of October, ; :,, 1985, on the proposal of John A. Costel[o to amend the ~3ui~ding Zone Ordiannce (including the Building Zone ~,laps) of the Town of Southold, Suffolk County, situate, lying and being at Greenport, Town of $outhold, County of Suffolk follows: ~ECINNING at the point of intersection of the eesterly line of kloore's Lane with the southerly line of Middle Road (County Road ~8), said point being tire northwesterly corner of the premises herein described; running · thence along said southerly line of Middle Road three courses: [I) Nor~li 66 .: 02 minutes, 10 seconds East 985.10 feet; thence (3) Nol-tb 71 degrees 28 as "FJeetfield"; thence along said westerly line of "FleetfJeld~', South 16 degree~, along said land of Village of Greenport, two courses: (Ii South 58 degrees, Page 2 - PubI~ ~tearing - John A. CosteIIo PLEASE PUBLISH ONCE, OCTOBER I7, 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 BulieBn Board Southold Town Planni~g Board John A. Costello LEGAL NOTICE . NOTICE Of HEARING ON PROPOS/,L TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be heId by the Town Soard of the Town o~' Southold at the $outhold Town Hall, Main Road, Southoid, New York, at 7:30 o'clock P.l~., on the ~-gth day of' October, 1985, .on the proposal of John A. Costel[o to amend the Suilding Zone Ordiannce (including the Building Zone i~laps) of the Town of Southold, Suffolk County, New York, by changing from '~A" Residential and AgriculturaI District to "M" Light Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being at Greenport. Town of Southold, County of Suffolk and State. of New York, and more particularly bounded and described as follows: {~EG1NNING at the point of intersection of the easterly line of ~oore's Lane with the southerly Line of Middle Road (County Road t!8), said point being the northwesterly corner of the premises herein described; running thence along said southerly line of Middle Road three courses: (1) North 66 degrees, 09 minutes, 10 seconds East 96.6! feet; thence (2) North 6§ degrees, ~ 02 minutes, 10 seconds East 985.10 feet; thence (3) North 71 degrees 28 { minutes 20 seconds East 312.6~1 feet to the westerly line of a subdivision knownl as "Fleetfield"; thence along said westerly line o~ "Fleetfield", South I$ degree~, 01 minutes 80 seconds East 1450.11 feet to land of Village of Greenport; thence~ along said land of Village of Greenport, two courses; (1) $out. h 58 degrees, 15 minutes 00 seconds West 71t;.04 feet; thence (2) South 7~I degrees, ~$ minutes 00 seconds West 670,00 feet to said easterly line of Moore's Lane; · !. thence along said easterly line of Moore's Lane, North 17 degrees, 18 mlnu~es, JUDITH T. TERRY SOUTNOLD TOWN CLERK Page 2 - Publi..~earing - John A. Costello PLEASE PUBLISH ONCE, OCTOBER 17, 1985, AND pORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 1197I. Copies to the following: The Suffolk Times The Long Islar~d Traveler Watchman Town Board Members Town Clerk's Bulletin Board Southold Town Plannil~g Board John A. Costello R~C~VED OCT 0 I$8 COUNTY OF SUFFOLK Ms. Judith T. TerL~', Tow~ Clerk Town of Southold 53095 ~in Road - P.O. Box 728 Southoid, N.Y. lig/i Dear Ms. Terry: October 2, 1985 Application of "John A. Costello" for a change of All dwelling units shall be o~,~er occupied; and A qualified purchasem clan~e shmll be established with oacup~n~} ~umrauteed for a minimum of five (5) years. If the housing unit is sold prior to the expiration of such time period, all profits shall Very trui7 yours, Gerald-~'. GCN:jk To: Southold Town Board OFFICE OF file TOWN CLERK TO~I OF SOUTHOLD September 30, 1985 Town Hall, 53095 Main Road P.O. Box 728 $outhold. New York 1197l TELEPHONE Re: Costello Change of Zone Petition Attached is Scoping Checklist prepared by David Emilita as a result of the Scoping Session with John Costello. Introduction The foll6wing checklist of topics is intended as a starting point for d~eloping a detailed scope fm a project-specifiC Draft' Environmental [mpact document.shouldmhrlugh~e refined'the'sc°Preflectng p occss, tht$ s of "f-LC' Stalement. Typica[l$, no one pro{ect will require a the proposed ~roject.,Yop[e areas may be deleted, ~hich should Ibe discussed. The mode! scopin~ G. checklist c~n ako be used as a worksheet, includ~n~ I. Cover Sheet - All EIS's (Draft or Final) shall begin with a co~er ~ 3. Objectives of the project ~ponsor [] B. LOCATION · 1, Establish geographic boundaries of the tE~i%~[~ project (use of regional and local scale maps is recommended) 2. Description of access to site 3.Description of existing zoning of propos- I. Total site area ~s i~[}~ (roofs, parking lots, roaa3T-- a.'lgross leaseab[e area (GLA), i~ ap- 3. Parking d.)other: 2. Operation a.) type of operation b.) ~cheduIe of operation c.) other: ~f~. CLOSdRE AND POST CLOSURE PLANS []] F. APPROVALS ~r~.~l,~-Other permit approval or funding re- ~vironmcntal Settlng I . ~ ~ A. GEOLOGY El 1. Subsurface a.)composition and thickness o[ --depth to, and nature of, bed- able layers b.) earthquake potential [] 2. Surface a.) list of soil types b.) discussion of soil characterlst[c~ --physical properties (indication of soils hydrological (in[iltra- Lion) capabiiities) hearing capacity) c.) distribution of soil types at pro jet/ ske d.) suitability for use e.) other: 3. Topography a.) d~scription o[ topography at pro ject --slqpes b.) desc~iption of topography of s~r- rounding ~rea ~ B. WATER RESOURCES [] l. Groundwater C2 level of use of groundwater [] 2. Surface Water a.)location and description of sur- Health C. AIR RESOURCES examples: [] 2. Air quali~y al) description of existing air quality js, t~il: area and the b~) iden'~ ~i?tlon of existing sources ' or ~c~li~tants fixed or mob le c.)identif/cation of any sensitive --hospitals, schools, nursing homes, parks cl.)description of existing monitor- ing program (if apphcable) D. TERRESTRIAL AND AQOAT[C ECOLOGY [] 1. Vegetation a.} list te9etation O/pes on the pro- ject site and within the surround. b.)discussion,of site vegetation --do~iP~ance --COOl,unity types --~niq~e': rare and endangered ~ 2. Fish and Wildlife a.) list oE'~is~ and wildlife species on popa~'~ characteristics [] A. TRANSPORTATION [] 1. Transportation services a.) description of the size, capacity and condition of services bridges --parking facilities h.) description of current JeveJ of use --a.m. and p.m. peak hour traffic flow --vehicle mix --sources of existing traffic [] 2. Public transportation a.)description of the current availability of service b.)description of present level of [] 3. Pedestrian environment [] 4. Other: B. LAND USE AND ZONING [] ]. Existing land use and zoning a.) description of the existing ]and use of th~ project site and the --residential --agricultural --[ndustr[a( b.) description of the existing zon ng m) description of any land use plans ~ 3. Other: [] C. COMMUNITY SERVICES (for this section in- clude a list of ~xisting facilities and a discus- sion of existln§ [eYeis of usage and pro- jected future needs) ~ [] I. Educational facilities ~l~ 2. Police proration ~ ' ~ 3. Fire protection ~ 4. Health care facilities " ~ 5. Social se~ic~ /~ · - ~ 6. Recreational f~cihties [, ~ [] D. DEMOGRAPHY [] 1. Population characteristics ~ a.) discussion of the existing popula- -- --density --household size and composi- tion b0discussion of projections for population growth [] 2. Other. [] E. CULTURAL RESOURCES [] 1. Visual resources a.)descriptlon of the physical (.~c,~? character of the community b.' description of natural areas of c.)[dentification of structures of 2. H[storic and archaeological on S~ate or National Re~iste~ or (2-4 a.) identification of existing [eve[ of b, identification of major source~ of examples: --major highways ~,E~ 4. Other: V. Significant Environmental Impacts Vi. lvllt ia at io n/M e~?;~s t~ ~i~e'V~nvl r o n m e n- adverse ~mpacts identified in $~ction V. The follow- some of the major areas Of impact. Hatura[ Resources .' '~'~:' [] A. GEOLOGY 1. Subsurface a.)use,,~excava~ed material for land b.)use ifa¢iliW wastes (ash, sludge) i for Ii, nd reqlamation d.') other~ 3. T~pbgr~pr~y [] B. WATER RESOURCES 1. Groundwater a.) design adequate s~stem of treat- lff~ .~) ~ merit for stormwater runoff prior to recharge of groundwater b.) maintain permeable a:eas on the d.) other: --landscaping e.) other: [] C. AiR RESOURCES 1. Air quality , fugitive dust control equipment b.)destgn traffic improvements to delay d.) initiate ~ proglam for monitoring of air quality C-5 [] D. TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation a.) restrict clearing to only those b.) preserve part of site as a naturaJ with naturally occurring vegeta- d.) purchase open space at another e.) other: 2. Fish and Wildlife a.) provide adequate habitat (shelter and food) for remaining wildlife b.)schedule construction to avoid sensitive periods of fish and wildlife life cycles c-) other: a.) design adequate and safe access to project site to handle pro- jected traffic flow b.)insLall adequate traffic control c.) optimize use of parking areas Lion of 'facility during non-peak [.) other: [] B. LAND USE AND ZONING 1. Existing Jand use and zoning a.) design project to comply with ex. isting land use plans b.) design functional and visually ap- pealing facility to set s[andard c.) other: [] C. COMMUNITY SERVICES I. Police protection a.) minimize local police protection responsibilities by providing b.) provide security systems, alarms [or facility c.) provide equipment, funds or ser- d.f other: - 2. Fire protection a.~use construction materials that minimize fire hazards b.)incorporate sprinkler and alarm systems into building design c.) provide equipment, funds or ser- vices directly to the community cl.)other: [] D. C~JLTURAL RESOLtRCES 06 (_ &)allow historical and ar- chaeological officials access to tbe project site during excavation b.)devote space within project .-ite to a display of h~storical and ar- chaeological artifacts of local in- c.)preserve a'rcbitecturagy signifi- photographic and statistical i record of those that must be destroyed d.) other: 3. Noise business" hours minimizing times (early morning, night) b.) asspre adherence to construction noise standards c.) d~ign berms and landscaping to block and absorb noise cl.)other: VII. Adverse Environmental Effects that Cannot be Avoided if fha Project is Implemented Identify those adverse environmental effect~ in VI. VIII. Alternatives should be at ~ level sufllcienL to permit a com- cateqor[es of alternatives which should be included in the ElS by p!acing a check in the box located to [] A. ALTERNATIVE DESIGN AND TECHNOLOGIES 1. Site layout lng ~nd utility routes 2. Orientation a.Jcompatibgity with slope and b.)$ite size and setback re- 3. Technology a.) pollution~control equipment b.)innovati~e vs. proven technologies 4. Mix of activities a.)addition of businesses which would affect the operational nature of the facility ' [] B. ALTERHATIVE SITES 1. Limiting factors a.) availability of land b.) sultabi[ity' of alternat~ site to ac- comodate, design requirements c.) availabigW of utilities d.) suitable market area e.)compatlbility with local zoning and master plan f.) compatibility with regional ob- jectives , [] C. ALTERNATIVE SIZE l. Increase or decrease prelect size to minimize possible impacts munlty needs D. ALTERNATIVE CONSTRUCTiON/OPERA- TION SCHEDUL[NUi: 1, Commence construction at a dif- ferent' tirae 3. Restri~{ constru~ti~,n/operation work schedule C-7 E. ALTERNATIVE LAND aSR l. Suitability of site for other uses a.) other types of commercial uses b.) other types of industry c.) different types of housing d.) other: 2. Public vs. private use F. NO ACT[ON 1. Impacts of no action a.) effect on public need b.) effect on private developers'need c.)beneflclal or adverse en- vironmental impacts [] G. OTHER: X. Irreversible and Irretrievable Commitment of Resources Identify those natural and human resources listed in Section IV that will be consumed, converted or nade unavailable for future use. X. Growth Inducing Aspects Describe in this section the potential growth aspects the proposed project may have. Listed below are examples of topics that are typically of. [acted by the growth induced by a project. [] A. POPULATION l. Increases in busines~ and resident poputation due to the creation or project [] D. OTHER: Xl. Effects on the (Jse and Conservation o[ Energy Resources Identify the energy sources to be used, an- ticipated levels of consumption and ways to reduc~ energy consumption. The examples listed below are typical issues to be considered when addressing this topic. [] A. PROPOSED ENERGY SOURCES AND ALTERNATIVES [] B. ANTICIPATED SHORT-TERM/LONG-TERM LEVELS OF ENERGY CONSUMPTION [] C. INDIRECT EFFECTS ON ENERGY CON- SUMPTION 2. Increased levels of t ra[fic due to pro- posed project, [] D. ENERGY CONSERVATION MEASGRES 1. Design mcthods to reduce fuel Use for heating, cooling, and lighting a.) convent[anal technology --use of [ow wattage lights --heat pumps --Wind ~nergy dustHa! plant c.) efficient layout sunlight --shafe~ insutation and heating a.) Ioca'oto9 end design of [acilk~, to accbn~(~date mas, transit b.) use; all ~irrl~te buses E8 XII. Appendices Following is a list of materials typically used in support of the ElS. A. List of underlying studies, reports and in[or- marion considered and relied on in preparing state- B. List all federal, state, regional, or local agen- C. Technical exhibits (if any) at a legible scale jects may be included (required in the Final ElS) Additional Draft EIS Scaping Tepics Indicate any additional topics for discussion in the Draft ElS. Attach additional sheets if necessary. C9 OFFICE OF THE TOWN CLERK TOWN OF SObYIIOLD Iown Hall, 53095 Maiu Road P.O. Box 728 Soutnold. New York 11971 TELEPHONE NOTICE OF SIGNIFICANT EFFECT ON TH~ ENVIRO~,{ENT DE$CRIPTI@I OF ~%CTION Petition of fohn I. Cos%e]]o fol- a cllan~e of zone from "A" P, esldemtial and OF~CEOF~HETOWNCLERK TOWNOFSOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New 1 ork 11971 John A. Coslello 206 Wig~ims Lane Greenport, New York 11944 OFFICE OF THE TOWN CLERK TO$~I OF SOUrHOLD Southold. New Yotk 11971 (~-~c.~ Judith T. Terry Sou%hold To~a Clerk TO~¥N ItOAJ,"JJ: '1 OWN .O.F ;- ~,OU Alt[' ~I~gEBY. GrVEN HOTICE: (5160 7.6571 ~,9.0 ,... , :' . (rggisrefe~dJ,ma . OFF[CE OF THE ~[OIqN CLERK TOSVN OF gOU'HOLD Town Hall, 53095 Ma~n Road P.O. Box 728 $ot~thold, Ne~v York 11971 X Location of affected land: Greenport, New York. Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town ,of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: New Zoning Ordinance Amendment of Zoning Code Amendment of Zoning Map [Change of Zone] corner of Suffolk County Route 48 and Moores Lane, Suffolk County Tax-Map No.: District 1000, Section 40, Block 05, Lot 01 Within 500 feet of: The boundary of any village or town The boundary, of any existing or proposed county, state or federal park X The right-of-way of any existing or proposed county or state parkway, thruway, e~pressway, road or highway. The existing or proposed right-of-way of any stream or drainage channe owned by the County or for which the County has established channel lines. X The exisfing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodieg of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Attached hereto is the recommendation of the Southold Town Planning Board re: Petition of John A. Costello for a Change of Zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District. Date:Seotember 17, 1985 Judith T. ~_~rry Southold Town Clerk SEP 1 T~n Cie~ ~u~ Septe~Jer 17, 1985 Mrs. Judith Terry Town Clerk Town Hall Southold, NY 11971 Cha~lge of Zone John Costello The following action was taken by the Soukhold Town Planning Board, Monday, September 16, 1985. R~$OLVED that the Southold To%~n Planning Board recommend the Town Board that thc change of zone application of John Costello from "A" Agricultural and Residential to "M" Light Multiple, located at Greenport, be approved. to It is the Planning Board's intent, in enaorsiug tile M, Light- Multiple zone, to obtain affordable housing. Therefore, the Boara also recommends that any approval be conditionca upon obtaining approved covenants and restrictions to parallel the "Hamlet Density" zone in the proposea zoning ordinance to provide for affordable housing. Very truly ~ours, BENNETT ORLOWSKt, JR. , C~IRMAN SOUTROLD YOWIq pLANNING BOARD B3 Diane M. Schultze, Secretary OFFICE OF THE IOWN CLERK TOW~ HE $OUTHOLD September 3, 1985 lown Hall. 53095 Mt~in Road P.O. Box 728 Southold, New York 1 I971 Mr. John A. CosteIlo 206 Wiggins Lane Greenport, New York 11944 Dear John: The Town Board at their August 27th meeting declared themselves lead agency in the matter of your petition for a change of zone. They also resolved to accept the DI:IS and rEIS submitted with the respect to the annexation petition. However, Town Attorney Tasker advises that that portion of the resolution must be rescinded because the usual 20 day comment period relative to lead agency status is required. There- fore at the September 24th meeting the question of significance or non significance will be made. If the determination is non-significant at that time, then there is no need for a draft or final. If it is signitlcant then the Board must determine whether they wish to the accept the DEIS as is or amended to address the IIM" zone request. Unfortunately under SEQR this is the way the process must be followed and I will keep you informed of the next steps. Very truly yours, IHDITH T. TERRY TO~?4 CLERK OFFICE OF THE TOWN CLERK TO~N OF SOUTHOLD August 28, 1985 Town Halt. 53095 Main Road P.O. Box 728 $ot~lhold, New York 11971 Charles T. Hamilton Alternate Regional Permit 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 John A. Costello for a Change of Zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property located on the corner of Route 48 and Moores Lane, Greenport, New York. This project is unlisted and we wish to coordinate this action in our rote as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until September 16, 1985. We shall interpret your lack of response to mean there is no objection by our agency. Very truly yours, Judith T. Terr~/ Southold Town Clerk cc: Commissioner Williams Building Department, Town of Southold OFFICE OF THE IOWN CLERK TOWN O1: SOUTHOLD August 28, 1985 [own Hail 53095 Main Road P O. Box 728 Southold. New York 11971 Southold Town Planning Board $outhold Town Hall Southold, New York 11971 Transmitted herewith is the petition of John A. Costello requesting a Change of Zone from "A' Residentia[ and Agriculture[ District to UM" Light Multiple Residence District on certain property located on the corner of Route ~8 and Moores Lane. Greenport, New York. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation and transmit the same to me. Very truly yours, Judith T. Terry Southold Town Clerk Attachment == Il. YES FUTURE OPE)~'SP~CE5 aR RECPEATIONAL OPPORTU!IITIES? ...... ~ ®0 or ELECTRICAL 9ISTURBANCE AS A RESULT OF THIS P~OJECT? ....~ Town Hall, 53095 Main Road P.O. Box 728 Sour}told, New York 1 I971 To Whom It May Concern: OFFICE OF THE TOWN CLERK TOhN OF SOUTHOLD August 21, 1995 Attached hereto is a Long Environmental Assessment Form filed by John A, Costello with respect to his petition for a Change of Zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District on certain property located on the corner of Route 48 and Moores Lane, Greenport, New York. ~. Judith T. Terry ~ $outhold Town Clerk Posted on the Town Clerk's Bulletin Board on, August 21, 1985. S/E cor. of Moore's Lan~ 11944 from curren~ Ri-AG to M1 (multi-family residential) __, (~lev. 9-22') ~ ' . Agriculture _. 9:he, va~a~ land prev!ou=Sy ~mod, -' sand LB. sinq~e family ~esidential 1-2 sLory 39 To be dete~mine'l base~ on availability of public Planning Board recometl~ations. and water ~nd pe~ re s~dential consumption 2 acre *3- 26. (Type) (Da:e) (Date) adverse tmoact$ a$$ociate~ wit ne proposal. Dle~s~and the measuKes which can be DATE: August 19,1985 -4- )HSTRUCTIOXSI (Read Ca.fully) L m -7- NO ENERGY SUPPLY? ........................................... QO !ilLL PRO~ECT ~FFECT PUBkIC IIEALTH Alia SAFETY? ............. ~ ~ 0 --0 -1)- COSTELLO iMARINE CONTRACTING, CORPORATION DOCKBUILD~NG el JETTiES.* ~BULKHEADING · STEEL&WOOD PILING · FOUNDATIONS BOX ,~,K · GREENPORT, NEW YORK 11944 e (516) z~.77-1199 · {516) 477-13~3 August 19, 1985 '.~rs. Ju~;ibh Terry, ~b%~1 Clerk Tbwn ~f ~SDuthold '4ain Road SO ut hol -~1, N.Y. Re: To~n o~ Southold, EAF Enclosed please find a completed Environmental TO ~he best of my knowledge, I ~ave provide~ answers to all applicable questions. John A. O~s~ello The re~ired Surveys are being p~epared as specified and will follow shorhly. of ~oore's Lane 206 WJ. ggln!~ l~ne ' qreenp{ rt, PI.Y. 11944 fi,o,1- .... -~ ~-;~T ~b; [elev. 9-22') 2. Present )and ~se; '~: ~ . V~Ca[l~L.~=n~ nr~v~c;ut~_y u~aL~r -' ..___(', 'eec) pen~ing 0 residential consl~np~ion NO 2 acre 26. (Date) City, TSar, Village PTanning Board taken to ~ltigate or avoid t ~ ~ OA~E; August 19,1985 -4- 1. 2,. 3. -5- ®© ND YES )'ES r[UN'~FF? ................................................... 7. U[LL PROJECT AFFECT AIR OUALITf? ........................... NO YES (DO ::::::'%'=~?j,:-':/oL?Z7~'' ~' .................. ~)o 14. 15. ENEROY SUPPLY? ........................................... ~ WILL TREI£ BE Q~JECTIONABLE ODORS, NOISE, GLARE, VIB~qT)r)~I ~(0 YES or £LECTRICAL BISTU~SANCE AS A R[SULT OF THIS PROJECT? ... 16. !JILL PROJECT AKFECT PUBLIC HEALTH A)4D SAFETY? ............. ~ ~ V~ --CD --© JOHN A. COSTELLO 206 Wiggins Lane GreenpoiL, New York 11944 9, 1985 %~in Road Southold, N.Y. 11971 Enclosed please find the remaining information relating to my request for zoning action on my property located at bbore's L~lla~ Creenport, N.Y. 1. Three copies of the metes and bounds description. Six copies Three copies of the zoning ~ of said property. ~eviously submitted were the EAS and check for $500.00. Should any Other requirements need to be met please contact my office at 477-1199. Thank you in advance. 3AC:eml Very ~uly yours, . Costello · RODER]CK VAN TUYL IL.S.) COLIN VAN TUYL RrlDERInK VAN TUYL, GREENPC)R1~, NEW YORK 1194~, September 4. 1985 DESOP~PTIO~: 48 acres, more or less, ~oore ' s L~ue, Greenport Begiu~1~ at the point of intersection of the easterly line of ~oore'~ Lane with the southerly lane of D~ddle Ro~d (County Road 48), said point being the northwesterly oorner of the premises herein desoribed; ~ing thence along said southerly line of Middle Road~ (1~ N. 6~° ~9' 10" E. - 96o6~ feet; thence (2i N. 69° 02' 10" Eo - 985.~0 feet; thence (3) N. 71° 28' 20~ Eo - 3~2o64 feet to the we~%erly line of a s~0division know~ as "Flee%field"; thene~ alo~ said westerly line of "Fleetfield", S. 16~ 01' 50" E. - ~450~I feet to land of Village of Greenp~rt; ~hence along said la~d ef VillaEe of Green- ~o 74° 45' 00" ~. - 670~00 feet to s~id easterly line of Moore's Ls~e; thence along said easterly line of ~oore~s L~ne, ~. 17~ ~5~ 00" W. - 1523o22 feet te the point of beE~n~ng~ Cont~d~g 48.7186 ~ores. RVT:avt Roderick V~n T~yl To: Jehu Coste~lo Greenport, ~TY 1~94~ EsseKs, HEfTBR, CUE)DY ~ ANGel August 15, 1985 Town of Southold Town Clerk Main Road Southold, New York 11971 DEI, IVERED BY HAND Application of John Co~tello Change of Zoning Status Enclosed herewith please find an original and two copies of the petition of John Costello which seeks a Change of Zoning Status Classifcation for his property which is now zoned "A" (Residen~ial and Agricultural) to "M" (Light Multiple Residence). Also enclosed is an original "Notice" together with an original affidavit of mailing to all adjacent property owners. It is my understanding $500.00 check. that Mr. Costello dropped off the required Very truly yours, William W. ~sseks Enclosures JO'HN A. COSTELLO August 14, t9~5 %~s. Ju3ith Terry, lbwn Clerk Town of Southold ~ain Road So~tkold, NaY. 11971 Re: !4oore'~ Iane property In lieu of submitting an EAS with the zoning change application, please note that we hav~ recently submitted both a DEIS ancl a FEIS regarding the above property. The DEIS and ~'EI$ ~s addressing a change of zone which wo~ld have been automatic on the ~:ransfer Qf property from Sguthold's two acre to the Village of Greenpor acre zonlng~ There£ore,i feel that this applTcation requesting rezoning from two acre to Z-1 (1./4 ac.) in Southold TOWn eompletel~ in accord with the FEIS JAC/eml co: $outhold Town Board TOW~ BOARD TOWN OF SOUTHOLD In the Matter of the JOHN COSTELLO, Application of Petitioner, FOr a Change of Zoning Status in The Town of Southold for property located in said Town from "A" (Residential and Agricultural District) to "M" (Light Multiple Residence District). TO THE TOWN BOARD OF TBE TOWN OF SOUT~OLD SUFFOLK COUNTY, NEW YORK. The Petitioner herein, John Costello, submits to your Town Board as follows: respectfully 1. Petitioner is the owner of a parcel of real property within the Town of Southold and consisting of 48.718 acres situate on the east side of Moores Lane and bound on the north by Middle Roao (County Road 48), all as described upon Schedule A annexed hereto. Said premises are presently zoned "A" (Residential and Agricultural District). By this petition, leave is sought to h~ve the property rezoned to "M" (Light Multiple Residence District). 2. The subject premises was acquired by petitioner from East End Associates by deed dated January 28, 1985 and recorded in the office of the Clerk of the County of Suffolk on February 28, 1985 in Liber 9744 at Page 117. 3. The subject premises is vacant. It has 1523.22 feet of frontage on Moores Lane and 1394.55 feet of frontage on County Road 48 and has access on its east from the stub ends of Washington Street and Bennet Road. ~. The premises to the east, known as "Map of Fleetwood", Map No. 1351, is developed on a four (4) units per acre basis. The premises to the north across County Road 48, known as "Eastern Sho~es Sections 1 through 5", Map NOS. 4021~ 4426, 4475, 4586 and 5234, respectively, are developed on a three (3) unit per acre basis. 5. The premises are bounded on the south by lands known as McCann Trailer Park which are employed ~or recreational purposes for camping and recreational vehicles, and by lands of tne Incorporated Village of Greenport which are employed for municipal purposes such as water shed and recreational and municipal utility functions. 6. On the west side of Moores Lanes across from the subject parcel is the Incorporated Village of Greenport's Water Plant NO. 3, the Village's sewage treatment plant and the scavenger waste treatment facility now under construction. 7. That upon information and belief, the Town of Southold has an obligation to assist in the community's providing housing for the residents of the TOwn regardless of their economic status. This petitioner is desirous of having the zoning status of the prgperty changed so as to allow the property to be developed for multiple residence use. With such a zoning status this petitioner can undertake the construction and ~arketing of multiple residence units at a price to the Qublic that will assist in helping fill the existing residential demand for "moderate income" housing. In this manner the ToWn will be better able to attract and retain workers of a more modest income than that of the "second" two acre sites. WHEREFORE, your petitioner prays that the Town Board entertain the subject application and upon due consideration change the zoning status of the premises to Light Multiple Residence. Dated: August 14, 1985 STATE OF NEW YORK) . COUNTY OF SUFFOLK)ss.' JOHN COSTELLO, being duly sworn, deposes and That he is the Petitioner herein~ that he has foregoing Petition and knows the contents thereof; that is true to the knowledge of your deponent, except as to matters therein stated to be alleged on that as to those matters he believes it Sworn to before me this 14th day of August, 1985 Notary Publle read the the same the information and belief and All that certain plot, piece or parcel of land~ situate~ lying and being in the Tow~ of $outhold, Co%~nty of Suffolk ~/~d S~te of New York more particularly bounded and descried as follows: Beginning at +_he corner for~d by the intersection of the southerly side of North Road with the easterly side of Mocres Lane; running thence North 66 degrees 09 minutes 10 seconds East along said southerly side of North Road 96.61 feet; running thence Nor~ 69 degrees 02 minutes 10 seconds East still along said ~outherly aide of North Road 995.10 feet; running thence N~rth 71 degrees 28 minutes 20 seconds East still along said southerly side of North Road ~12.64 feet to land now or formerly of Henry Fleet and Clarence Fleet~ now or formerly known, as "Fle~tfield~; running thence South 16 degrees 01 minutes 50 e~conds East along said last mentioned land and along land now or fo~erly of Constant Booth. and the heirs of Silas webb 1450.11 feet to land no~ or formerly of the Village of Greenport; running thence South 58 degrees 15 minutes 0~ s~conds West along said last mentioned land 714.04 feet; running thence South 74 degrees 45 minutes 00 seconds ~ge~t still along ~aid last land 670.00 feet to the easterly side of Moores Lane; running thence North 17 ~egrees !5 minutes 00 seconds ~est along said easterly side of Moores Lane 1523.22 feet to the corner the point or place Of beginning. SCHEDULE A · O?~ BOARD TOWN OF SOUTHOLD In the Matter of the Application of JQHN COSTELLO, Petitioner, For a Change of Zoning Status in The TOwn of Southold for Property located in said Town from "A" (Residential and Agricultural District) to "M" (Light Multiple Residence District). ECEIV To~. C~ Sout~O~ Pursuant to §100-152 of the Town code of the Town of Southold PLEASE TAKE NOTICE that the Petitioner herein, John Cos~ello, proposes to file a petition with the Town Board of the Town of Southold requesting a change of zoning district classification. The description of the property which is the subject of said petition is annexed hereto as Schedule A. The present zoning district classification of the property is "A" Residential and Agricultural. The proposed zoning classification district is "M" Light Multiple Residence. Within five (5) days hereof, the Petition requesting the change in zoning district classification will be filed in the $outhold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular working hours. A public hearing with respect to the subject Petition will be held by the Southold Town Board before such a change of zone can become effective. A notice of said hearing will be published in the official town newspaper not less than ten days prior to the public hearing. At the time and place of the public hearing, all those receiving a copy of this notice, or their representatives, have the right to appear and be heard. This "Notice" is given to those people set ~orth upon Schedule B annexed hereto, they being the adjacent property owners who are entitled to notice pursuant to Town Code ~100-152(A). Dated: August 14, 1985 ¢/o JOSN COSTELLO, PETITIONER Esseks, Nefter, Cuddy & Angel Attorneys for the Petitioner 108 East Mai~ Street P. O. Box 279 Riverhead, New York 11901 All that certain plot, piece or parcel .of land, Bltuate, lying and being in the Town of Southold, County of Suffolk ~d of New York more particularly bounded and described as follows: Beginning at the oorner for~d by the l~tereection of the southerly side of North Road with the easterly side of Moores Lane; running thence North 66 degreee 09 minutes 10 seconds East said eoutherly side of North Road 96.61 feet; running thence North 69 degrees 02 minutes 10 ~econds East still along sal~ eoutherl? side of North Road 9~5.10 feet~ running thence North ?1 28 minute~ 20 seconds ~a~t still along ~aid eoutherl? ~ide of North Roa~ 312.64 feet to land now or formerly of ~enry Fleet and Clarence Fleet, now or formerly known as ~Fleetfield"~ running thence ~outh 16 ~egrees 01 minutes 50 second~ ~ast along sai~ last mentione~ land and along land now or formerly of Constant ~ooth and the heirs of $ilae ~ebb 1450.11 feet to land no~ or formerly o~ the Village of Greenport; running thence South 5~ degrees 15 minutes 00 seconds Wes= along said last mentioned land 714.04 feet: running thence South 74 degrees 45 minutes 00 seconds ~est still along said last land 670.00 feet to the easterly side of Moores Lane; running thence North 17 degrees 15 minutes 00 seconds We~t along said easterly side of Moore~ Lane 1523.22 feet to ~he corner the point or place of beginning. ~CHEDULE A Mr. & Mrs. Willard Crayton 390 Middleton Road Greenport, New York 11944 Mr. & Mrs. James E. Chute 9 Middleton Road Greenport, New york 11944 Mary Zipkas P. O. ~ox 222 Greenport, New York 11944 Mr. Antone F. volinski, Jr. Middleton Road Greenport, New York 11944 Mr. William E. Ad~s, Jr. 770 Middleton Road Greenport, New York 11944 Barbara A. MeGinness 820 Middleton Road Greenport, New York 11944 Mr. & Mrs. Sam Campbell 23 Middleton Road Greenport, New York 11944 Mrs. Bertha Martocchia 960 Middleton Road Greenport, New York 11944 Mr. & Mrs. Paul Poerschke 27 Middleton Road Greenport, New York 11944 Mr. & Mrs. Arthur E. Nichols North Road Greenport, New York 11944 Mr. & Mrs. Claudio Giovannelli 3 Middleton Road Greenport, New York 11944 Village of Greenport Village Clerk 236 3rd street Greenport, New York 11944 Mr. Robert Campbell, Jr. Bay Shore Road Greenport, New York 11944 Mr. Paul Corwin 31 Middleton Road Greenpor%, New York 11944 Mr. John Mulhall 480 Clearview Avenue West Sou~hold, New York 11971 SCHEDULE B TOW~; BOARD TOWN OF SOUTHOLD In the Matter of JOHN COSTELLO, the Application Petitioner, of For a Change of Zoning Status in The Town of $outhold for Property located in said Town from "A" (Residential and Agricultural District) to "M" (Light Multiple Residence District). AFFIDAVIT OF MAILING STATE OF NEW YOPd~) COUNTY OF SUFFOLK) says~ Elizabeth Ann Stotsky, being duly sworn deposes and That deponent is not a party to the action, is over years of age and resides at Riverhead, New York. That on the 15th day of August, 1985 deponent served the within Notice, by certified mail, return receipt requested, upon the owners of record, listed below, of every property which is adjacent to the property which is the subject of the above-caotioned petition in accordance with the provisions of Section 100-152 of the Town Code entitled "Notice of Proposed Change of Zoning Classification", copies of the postmarked return receipts are attached hereto. Mr. & Mrs. Willard Crayton 390 Middleton Road Greenport~ New York 11944 ~r. & Mrs. James E. Chute 9 Middleton Road Greenport, New york 11944 Mrs. Bertha Martocchia 960 Middleton Road Greenport, New york 11944 Mr. & Mrs. Paul Poerschke 27 Middleton Road Greenport, New York 11944 Mary Zipkas P. O. Box 222 Greenport, New York 11944 Mr. Antone F. volinski, Jr. Middleton Road Greenport, New york 11944 Mr. Willi~ E. Adams, Jr. 770 Middleton Road Greenport, New York 11944 Barbara A. McGinness 820 Middleton Road Greenport, New York 11944 Mr. & Mrs. Sam Campbell 23 Middleton Road Greenport, New York 11944 Sworn to before me this 15th day of August, 1985. Notary Public Mr. & Mrs. Arthur E. Nichols North Road Greenport, New York 11944 Mr. & Mrs. Claudio Giovannelli ~ ~4iddleton Roa~ Greenport, New York 11944 Village of Greenport Village Clerk 236 3rd Street Greenport, New York 11944 Mr. Robert Campbell, Jr. Bay Shore Road Greenport, New ~ork 11944 Mr. Paul Corwin 31 Mid~leton Road Greenport, New York 11944 Mr. John ~ulhall 480 Clearview Avenue West Southold, New York 11971 EIi~abeth Ann ~tot~sky~ ~:~' ~D7 5,75 649 RECEIPT FOR CERTIFIED MAIL ~por t. NY11944 P 107 575 g~& ,?- RECEIPT FOR CERTIFIED MA~L l' ~reenport, NY 11944 P 107 575 641 RECEIPT FOR CERTIFIED MAI et~['°& Mrs. Willard ¢ ~ee~po~t, NY 119~ P 107 575 645 RECEIPT FOR CERTIFIED MAIL Robert_ Campbell Jr. ~¥ ~ore Road P t~7 575 647 RECEIFT FOR CERTIFIED MAIL e'Greenport Cler~ NY 11944 P 107 5,75 642, udio Code P t07 575 634 ~{bara 4. McCinness I~'~ddleton Road [~eenport, hew York P 1D~ 575 6~5 RECEIPT FOR CERIIF!ED MAIL Adams 77~ Mi~dleton Road P i07 57.'.'5 636 RECEIPT FOR CERTIFIED MAIl one F. VolinJ Mrs. Jame~ E. dr & Mrs. Sam Campbell L3.~M fuddlDlkQn Road 3reenport ~ NY 11944 p 107 575 650 RECEIPT FOR CERTIFIED MAIL s~' ~'d le con Road ~ o State and ZIP C~y 11944 CASE NO: .~ .~.G:. ......... STATE OF NEW YOB. K pETITION TOWN OF SOUTI-IOLD IN Tb3E AL~TTEp. OF ~ PETITION OF FOR A CI~NGE, MODIFICATION OR AMEND~IE~T OF THE BUILDING ZONE ORDIN- ANCE OF TIIE TOWN OF SOUTHO~D, SU~I, OLK COUNTY, NEW YOP~L TO TH]E TOWN BOAP. D OF TH~ TOWN OF SOUTHOLD: 206 ~iggins Lane 1. I ......... ,d.,o..h.~..A.i...C..?.~.t.~.}}.~ ................... residing at ......~.;._.~.a.fi~3.izz~.;...[~....~,:......i-i-g44 (insert name of petitioner) Suffolk County, l~ew York, the undersigned, am the owner o£ certain real property situated at ~CaC. ~ ~loores La. Greenpo~t l~egi~ln~ a% ~}~e p0in%' o~ in~er.~eotio~ of ~as%erly line ;0f 1,10(,ra.'s Lane with the southerly line of I~ddle Road (Co=~ty-Road 48), said po~t bei~ the nor*hwe~t&rly bo~ei of the premises herein described; r~ ~hence: alo~ said Southerly line of ~ddle Ro~, ~ N. 66° 09' 10" E.- 96.61 feet; thence N. 69° 02' 10" E. - 985.10 feet; ~hence N. 71° 28' 20" E. - 312.64 feet to the wester~ line of a s~odi~.sion ~o~ as "Pleetfield"; ~thenc~ alo~ s~ld westerly line of "Fleetfield"~ S. 16~ O1' 50" E, - 1450.11 fee~ to land of Village Of . ~reenp,or% ~heuce ~o~: said l~d Df VJ~l~e of Green- S. ~ 1D W.,- 714.04 feet; thence S. 74° 45' 00" W. ~ 670.O0 feet to e~ste~ly line of Mbore'e L~e; thrace alo~ said easterly line of Moore's L~e, N'. 17 ,15' o0" w. - ~523.22 feet t,o tke, po~t of beg~i~. Contzini~ 48.7186 acres. STATE OF NEW YORF~, COUNTY OF SUFFOLK, SS:-- ....... Iohn. A...Co-s~-ei2,o ................. , BEfNG DULY SWORN, deposes and sa.rs that he is the .petitioner itt the within action; that he has read tke foregoln~ Petition and knows SwOrn to before me this ...... da3' oi...~.~qP:°eg,~.~.q-~...., 19.~'~.-- NoraD' Public. '7~;;?\,,¢,z'hJ Ol:- SOUTI--tO L D, ~ ........ AP DE-,t.~Z'4A,.'[ ,.¢ - - :- ................ , N ~OOD rD L) ~-t,