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Home My WebLink AboutKing, StephenGREGORY F. YAKA~BOSKI TOWN ATTORNEY MARY C. v, rlLSON ASSI ST.M~IT TOV,'N ATTO RN EY JE:MN ~V. COCHILMNI Supervisor Town Hall, 53095 P, oute 25 P.O. Box 1179 Southo[d, New York 11971-0959 Telephone t631} 765-11~89 Fax t631~ 765-1823 E-mai[: towr~a t t or ney~,southo[d.or g OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Janice Accounting From: Melanie Town Attorney's office Date: December 1,2000 Re: Nelson, Pope & Voorhis invoice Stephen King Rezoning Janice: Greg signed off on this voucher but he believes that it should have been something that Betty should have signed for the Town Board. it was a rezoning issue. This is the paperwork I was able to find. There was no purchase order. Will the TB resolution suffice? Mel /md attachment Town of Southold, New York - Standard Voucher Payee Tax Idennl'lcaoon Number Purchase Order Number P.O Date ~sh D~scount % Days NumberItem Descdpuon of Materials / Services Quanhty PrlceUnit Amount ~.~/~/- ~ ' , -// Payee Certification The undersigned (Clalmant).¢'~c~)nt~Niflf~e~tCSv. y~ed claimant)does Itereby ceFtlfy th:l( [he foregoing cia? is ,rue/and correct and ha no [ , th stated, and that thc balance therein stated is actually due d or. in . Da,,d Signature {,~,,~,.~r/{?,~/ ' - - Ti le ./ / Department Certification performed and t uant ' thereof have been verified x~ith the exceptions or discrepancte~ noted, and p,~vmen[ is approved Signalure f'-~'~'~.a~'''''~- Title Town Attorney Dated 1 2 / 1 /00 Z c_.,. NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL · PLANNING CONSULTING 572 WALT WHITMAN ROAD MELVILLE, N.Y. 1'1747 (631) 427-5665 FAX (631) 427-5620 Offinn of the Town Mtornev Town Hall, 53095 Main Read PO Box 1179 ~outhold, NY 11971 Gregory Yakaboski 9q~gg.o01 99299.0 ~atn: 01/24/00 Review EAP part T Prepare part. TT Town Rnvie~ Work performed 17/30 thru 3/1/00 600.00 Total: S600.00 ELIZAHETH A. NI~;VII.LE TOWN CLERK REtq[STRAR OF VITAL STATISTICS MARRIAGE OFFICER RE(;¢)RD,S MANAGEMENT OFFICE R I'REED(.)M OF INFORMATION C)F'VICEI~ Town Hall, 53095 Main l~.oad PO Box 1179 Soudm[d, New York 11971 Fax ~516~765-1823 OFFICE OF THE TOWN CLERK TOWN OP' SOUTHOLD January 11, 2000 Charles J. Voohris, CEP AICP Nelson, Pope ~. Voohris, LLC 572 Walt Whitman Road Melville, New York 117q7-2188 Dear Mr. Voohris: Please be advised that I am in receipt of the $600.00 Environmental Review fee for the Stephen King change of zone application. Therefore, you may commence your SEQRA analysis in accordance with the December 21, 1999 Town Board resolution. The Town Board has set a date for a public hearing on this matter on February 15, 2000 at 5:00 P-M. If you should have any questions, please do not hesitate to contact me at 765-1800. Very truly yours, Southold Town Clerk Enclosure ELIT~t~BETH A. NEVILIA,? TOWN CLERK q'¢r.,:r, E[all 53095 Mare R,)ad ScJtlt.h.ld, New York 119TI Fax lSI6) 765 1823 OFFICE OF THE TOWN CLERK TOWN OF THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON DECEMBER 21, ~999: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope, g Voohris, LLC at a cost not to ex~eed $600.00 to conduct the SEQRA analysis on the Stephen King change of zone application. Scope of services to include determination of type of action, preparation of an envlronmental assessment and a finding of significance. Southold Town Clerk December 21, 1999 NOU-01-20~O 16:22 NELSON & POPE,LLP S16 42? 5S20 P,02/04 NELSON, POPE ENVIRONMENTAL · PLANNING CONSULTING $72 WALT WHITMAN ROAD MEI. VILL. E, H.Y. 11747 FAX (E31) 427-5620 Offlce of the ?nvn ~torne~ ?o~n Hall~ ~OgS ~ain Road ~nuthnld, 1~ 11~71 Oregory Yakabo;ki ~ ~ate: 03/24/00 R~viev RAP part T Prepare part TT ?o~m R~viev Work performed 12/30 thn) 3/1/00 600.00 Total: $600.00 Gregory F. Yakaboski, Esq. Off, ce of the Town Attorney Town of Southold Town Hall, 53095 Main P,~oad ?.O. Box 1179 Southold, New York 11971 1999 December 22, _Ch.ange of Zone Review Pr.._oposal for Services 0.69 Acres $ite~ lVlam Rd.. Matfituek -~CTM No. 1.000-122-3-6 Dear},,Ir. Yababoski: As discussed, this is a follow-up letter to ideutify the scope and cost of services in coraection with the above referenced project. NP&V will pefonn thc following services: 1. Field inspect subject property_ 2. Consult office literature and map refer~nges partainini to alta and area. )_ Review Part I Environmental A.~_ssrnent Form submitted by applicant. 4. Ft'~,~'e Part I1 FAF identifying potential issues and mitigation. 5, Provide environmental planning review letter summarizing findings, outlining enviroru-nental/plannmg issues, potential impacts, cot~ttaints and mitigation. 6. Prepare recommended determination of si~,l~iflcance. The. fee for these sera'ices is $1~(0 ~).{~e ~:i;w can be coolplcteg within approximately 4 weeks of date of authorization to proceed. Please reviewiug this proposal and feel free to contact me should you have any questions. P/File: 99-584 Respectfully submitted, NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL · PLANNING CONSULTING 572 WALT WHITMAN ROAD MELVILLE, N.Y. 11747 (631) 427-5666 FAX (631) 427-5620 Offinf~ of the Town ~ttornev Town Rall. 53095 Main Road PO Bn× 1179 SOllthold. NY 11971 Gregory Yakaho~ki Tnvoice No : 99999.0~1 Customer No: 99999.0 i]at e: 03/71/00 Work performed 1fi/30 thru 5/1/(]0 600.00 Tot. al: g600_00 NEL$ION, POPE & VOORHI;a, LLC December 22, 1999 Gregory F. Yakaboski, Esq. Office of the Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Rc~ Change o[Zone Review Proposal for Services 0.69 Acres Site, IVlain Rd., Ivlattituck SCTM No. 1000-122-3-6 Dear Mr. Yababoski: As discussed, this is a follotv-up letter to identify the scope and cost of services in connection with the above referenced project. N]?&V will peform tile following sev,,ices: 1. Field inspect subject property. 2. Consult office literature and map references pertaining to site and area. 3. Review Part I Environmental Assessment Form submitted by applicant. 4. Prepare Part II EAF identifying potential issues and mitigation. 5. Provide environmental planning review letter summarizing findings, outlining environmental/planning issues, potential impacts, constraints and mitigation 6. Prepare recommended determination ofsi.~nificance. · io0% Tile fee for these services is $600.~. The review can be completed within approximately 4 weeks of' date or-authorization to proceed. Please reviewing this proposal and feel free to contact me should you have any questions. P/File: 99-584 Respectfully submitted, NELSOb~ -POPE& ~:.OORIt. I~, LLC Charles J~doorhis, CEP, AICP Local Law Filing NEw ORK ST^TE OEP ' NT Or 41 STATE STREET, ffS~LIRA.NY, NY 12231 (Use this fon'n to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~um or ..... _S_p__u_.t.h..o. Ld. ....................................................................... Town Local Law No ........... q- ......................... of the year 20--0--0-- A local law .in.~R~[~-tj~n~t-~.A-~-m-.e~-n..dJ--n~-..t.-h..e..-z-.~-ni--n-g...C--~.-d.e-~.£iJ~.c-~.u--d-~.n- q..t.B.e..J_o_.n.!.n_~...M..a P ) ..Dj~ .tr L~.t...t.?...(.E )...G. ?~ r?j__ ?~!~ ~ _s.s____D_.(s._t_r_!fit___~..o.r.._}.h. f }..p.E[}...o_ f...t_h. E_.pf [? e ~ of property identified by SCTM #1000-122-3-6 as is in the R-q0 Zonino .............................................................................................................. District. Be It enacted by the ............ .'[.o..w.?____B_.o__a__r. ct._ ......................................................... of the gR~ of ......... .S.o_.u..t_.h.o_J.d. .................................................................... as follows: Town Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. A part of the parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of that part of the parcel Identified by SCTM #1000-122-3-6 as is subject to the R-40 Residential District designation from the R-40 Residential Distdct to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being et Southold, Town of Southold, County of Suffolk and State cf New York, (If additional space Is needed, attach pages thc same size as this sheet~ and number each,) DOS-Z3~ (~v. t t~) (1) known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an intedor point distant the following two courses and distances from the monument on the southerly side of Main Road and the eastedy side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast comer'of land now or formerly of Surer; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formedy of Lyons & Sheppard; running ' thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or formedy of PalmeF, running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000- 122-3-6 lying North of the described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning distdct designation for said parcel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. (Complete the certification In the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ......... q- .......................... of 20_Q0__ of the_.,(~(fi~p)(Town)(~iil~ge~ of _...$_ol.~h_ol~l ............................................... was duly passed by the /own t~oara o E~hE~La~" 2.9~'~0 ' ac ' ' ' ................................................ n- - 4-- ,~ --, m coraance w~ h the appbcable prov~smns of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the (C~unty)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 20 ---, and was (approved)(not approved)(repassed after disapproval) by the .................................................. and was deemed duly adopted on .................. 20----, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 20----, and was (approved)(not approved)(repassed after disapproval) by the ................................................. on ................... 20 ..... Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 20---. , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 20----, and was (approved)(not approved)(repassed after disapproval) by the .................................................. on .................. 20 .... Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of .................. 20..-. , in accordance with the applicable provisions of law. .. * Elective Chief Executive Officer means or Includes the chief executive officer of n county elected on n county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of n cry or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local law~ or ordinances. (2)' 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No ........................... of 20 ...... of the City of .............. having been submitted to referendum pursuant to the provisions of section (36)(37) of lhe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(genera[) election held on ............ 20----, became operative. 6. (County local law concerning adoption of Charter.) l hereby certify that the local law annexed hereto, designated as local law No ................................... of 20 ...... of the County of ................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors o[ the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ..... _1 ...... , above. Clerk olde County legislative body, Cil~(Town or Village Clerk ot officer designated by local legislative bo~ly Elizabeth A. Neville, Town Clerk (SeaO Date: 4/q/O0 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YOI~K coum'~ OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law cojit~ the correct text and that all proper proceedings have been ha'd or taken for the enactment of the local law anne~he~ Gregory F, Yak wn Attorney ~' of Southnld Town Dale: 4/4/00 (3) ELIZABETH A. NEVILLE TOWN CLERK REGISTIL~kR OF VITAL STATISTICS IkL~.RRIAG E OFFICER RECORDS M.-Mq'AGEMENT OFFICER FREEDOM OF INFOP~IATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~631) 765-6145 Telephone [6311 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLO TOWN BOARD HELD ON FEBRUARY 29. 2000: RESOLVED that the Town Board of the Town of Southold hereby adopts the following Local Law which amends the Zoning Map of the Town by changing the zone district designation from (R-q0) R-~0 Residential District to (B) General Business District for the part of the parcel of property identified by SCTM ~41000-122-3-6 as is in the R-Lt0 Zoning District: LOCAL LAW NO. ~ - 2000 A Local Law in Relation to Amending the Zoning Code (including the Zoning Map) of the Town of Southold by changing the zone fi.om (R-40) R-40 Residential District to (B) General Business District for that part of the parcel of property identified by $CTM #1000-122-3-6 as is in the R-40 Zonin9 District. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. A part of the parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of that part of the parcel identified by SCTM #1000-122-3-6 as is subject to the R-40 Residential District designation from the R-40 Residential District to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast cornerof land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000- 122-3-6 lying North of the described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. 5outhold Town Clerk February 29, 2000 ELIZABETH A. NEVILLE TOWN CLERK REGIST[L. kR OF VITAL STATISTICS 5,L-kRRIAG E OFFICER RECORDS M.4~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax 1631~ 765-6145 Telephone ,631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON FEBRUARY 29, 2000: RESOLVED that the Town Board of the Town of Southold hereby adopts the following Local Law which amends the zone district designation from General Business District for the the Zoning Map of the Town by changing (R-~0) R-40 Residential District to (B) part of the parcel of property identified by SCTM #1000-122-3-6 as is in the R-40 Zoning District: LOCAL LAW NO. ~ - 2000 A Local Law Jn Relation to Amending the Zoning Code (including the Zoning Map) of the Town of Southold by changing the zone t~om (R-40) R-40 Residential District to (B) General Business District for that part of the parcel of property identified by SCIM #1000-122-3-6 as is in the R-40 Zoning District. BE IT ENACTED by the Town Board of the Town of Southold as follows ' Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. A part of the parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of that part of the parcel identified by SCTM #1000-122-3-6 as is subject to the R-40 Residential District designation from the R-40 Residential District to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast corner of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 46 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21_16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000- 122-3-6 lying North of the described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. Southold Town Clerk February 29. 2000 LEGAL NOTICE NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 29th day of February, 2000, the Town Board, by Local Law No. q of 2000, enacted the following amendment to the Town Zoning Map as adopted by Section 100-21 of the Code of the Town of Southold, to wit: Local Law #u, amends the Code of the Town of Southold by changing the Zoning District Designation of the property known as Suffolk County Tax Map No. 1000-122-3-6 situate, lying and being in Mattituck, Town of Southold and more fully described below from the Zoning District Designation of R-U,0r / Residential District to the Zoning District Designation of General BusJness~ (B) District Density. Legal Description: SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being et Southold, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast comer'of land now or forrneriy of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a mo_nument; from said point of beginning, running North 48 degrees 21 minu{es 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or forrneriy of Palmer, running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000- 122-3-6 lying North of the described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD NEW YORK. Dated: February 29, 2000 Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON MARCH 9, 2000 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO : ELIZABETH A. NEVILLE, TOWN HALL, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Stephen King Abigail Wickham, Attorney Town Clerk's Bulletin Road STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the Rfh day of March 201~0 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's Bulletin aoard~ Southold Town Hallr 53095 Main Road~ Southold, New York. Legal Notice - Notice of Adoption of Local Law No. a, of change of zone from R-q0 Residential District Designation to General Business R-a,0 Zbning District.on property described as follows: SCTM # 1000-122-3-6. ~qizabet~h A. Neville Southold Town Clerk Sworn to before me this day of M~rch , Notary' Public LINDA J. CC~OPER Notary Public, State of New Yor:; No. 4822563, Suffolk Coumv Term Ex~ires December 3~, GREGORY F. YAKABOSKI TO~VN ATTORNEY MARY C. WILSON ASSISTANT TOXl, qN ATTORNEY 7--' ,JE?Cq W. CO('H[L~XN 8upervism- Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax 1631i 765-1823 E-mail: townat torney,~isout hold.org OFFICE OF THE TOWN ATTORNEY TO\VN OF SOUTHOLD Memorandum To: From: Date: Betty Neville, Town Clerk Gregory F. Yakaboski, Esq. Februao~ 29, 2000 Re: Resolution - SEQRA Negative Declaration Steven King, Change of Zone Application Attached you will find resolution adopted by the Town Board regarding the SEQRA Negative Declaration for the Steven King Change of Zone Application. /~nd Resolved by the Town Board of the Town of Southold hereby adopts the attached which Local Law amends the Zoning Map of the Town by changing the zone district designation fi.om (R-40) R-40 Residential District to (B) General Business District tbr that part of the parcel ofpropetty identified by S(3TM #'1000-122-3-6 as is in the R- 40 Zonin[I District. LOCAL LAW NO. - 2000 A Local Law in Relation to Amending the Zoning Code (including the Zoning Map) of the Tow~ of Sonthold by changing the zone fi.om (R-40) R-40 Residential District to (B) General Business District tbr that part of the parcel of property identified by SGTM #1000-122-3-6 as is in the R40 Zoning District. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. A part of the parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of that part of the parcel identified by SCTM #1000-122-3-6 as is subject to the R-40 Residential District designation from the R-40 Residential District to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast corner of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons 8, Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000- 122-3-6 lying North of the described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. 15:59 NELSON, POPE ~- VC)OFIHIS, LLC ENVI~AL · F:~I_A~NIN~ · CON~ULTIN(~ FAX COVER SHEET To: Phoac: Fax: From: Date: Re: of Pages: (in~lucl~g Covar) Or~g Yakaboski 765-1889 765-1823 Sbnnn Lacey Febmary28,2000 negative declaration & chnnge of zone review S~ven King chnngc of zone application 9 Comments: Cxrcg, Please feel information. fi.cc to call should you l-~vc any questions or rcquire additional Sincerely, Shana FEB-~8-8000 15:59 SEQR NEGATIVE DECLARATION Notic~ of Determinatioll of Non-Significance Determln atioll of Significance Lead ,4gency: Town of $outhold Co~ttact: Mr. BcnncaOrlows~,Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Date: February 29, 2000 This notice is issued pur~,,=,~t w 6 NYCRR Part 617 of the implementing regulalions pertaining to Article 8 (State Environmental Quality Review - SEQR) of the Bnvi_wnmental Consorvafion Law and Chapter 4~ oi'the Town Code of the Town of Southold. Thc lead agency hen determined that the proposed action described below will not have a significant effect on the environment. Title of Action: S~n King Change of Zone Application SEQR Statu. r : Unlisted Action De. rcription of fiction: Thc applicant requests a change of zone from R-40 R~sid~ncc W B G~cral Busincs~ within th~ r~ar 140 feet of the parcel, or a total of approximately 0.69 acres. Thc total sitz area is approxima~ly acres, with the majority of the northern portion of the sit~ zon~ B G~neral Business m a depth of lg$ f~t and the southern por~on zoned R-40 l%'sid~ncc to a depth of approximately 140 feet. The site con~i,~, three slructu~s within thc B C-cna'al Business zoned portion, and the remaindcr of thc site consmts of small arces of concrete and unvcgetated areas and is domina~ced by old field vegetation. Thc applicant has indicat~l that thc soutl'~m po~on of thc sit,~ ha~ his~:nically been utilized as overflow parking for a variety ofth~ commer~iaI/~tail uses that have occupied the site. total. 30.163 s.f. of the property would require a change of zone. At this time, no additional am~mitie~ are proposed. The subject zone chan~ site docs not appear to contain ample parking to mee~ Determination of $ilnificance Steven King Change of Zone Application, Mattituck necch of thc commercial uses allowed on the north pat~ of the stte. Thc change of zone application will facilitate thc continued use of the southern port/on of the propc~ for parking. It should also be noted this po~ion of the site does not conform to thc minimum lot size rcqulremcnt within thc 1:[-40 Rcsidence d/sir/ct. Lock,on: The project site is located on the south side of Main Koad, approximatcly 375' eaxt of Bay Avenue in Mathmck, Town af Southnld, County of Suffolk. The property has approXUnately 134.15' of roafi fronlage alonl/Main P,.oad and approximatcly 218' of frontage on John's Road, a private right of way, w the south. Access Ua the property will remain along Main Rna& $CTM No_: 1000-122-03-05 Pe*~ons Support/rog This Determination: Thc application has beca reviewed pursuant to the Criteria for Detr.,,,,inatinn of Significance conta/ned in Part 617.7. Consideration h~ been given to information supplied by the applicant. The change of zone application is anticipated to act as a l~ecurzor for thc expansion ofa parklnE area. Tile proposed action is considercd a minor project. The site is developed commercially within thc G (General B-~iness) zoned portion of the site, and thc area subject to thc zone change application is vacant. This portion of the site is clcarcd and has historically been utilized as a parking area. The site located in an area that contains a mix of residential and commercial uses. The site docs not contain any environmental features that would be impacted as a result ofth~ Change of zonc applicafinn Thc site i.~ rclatively flat, contains soils conducive to sanitary syacm$, has an adequate depth to gz~aundwater, and does not contain si~ificant vegetation. Thc proposed zone change is somewhat unique in that the site is cleared and has historically bee~ uscd for parking. The proposed zone change can be mitigated by proper site design and landscaping. Additionally, thc sitc dnc$ not conform to thc mirdmulI1 size rcquircments for the K-40 zoning dislxict under existing conditions, and would also re4uirc either a front and/or rear year variance. Once zoned commercial, the applicant would require ate plan review and approval and at that time thc Pla;~nlng Board would rcquire the applicant to su!aplcmeazt and/or creatc wooded buffer~ along those site boundaries that abut residentially zoned parccls. Duc to thc historical use of the site as a parking area and through adequate of landscaping, the resulting impact is expected to be minimal. 2 FEB-2~-2000 16:0u ................. Determination of StgnLqcance Stev~n KAng Change of Zone Application, M, it'fituck For Further Information Contact: Elizabeth Neville, Tqwn Clerk Town of Soutlwld, Town H~ll; 53093 Main Road P.O. Box 1179 Southold, I'IY 11971 Telephone: ($16)765- 1800 Copies of this Notice Sent to: Commissioner. NYSDEC NYSDEC, Regional Of~e a~ Stony Brook Town of Southold Supervisor's Offic~ Town Clerk oftl~ Town of SouIhold Town of Southold S~i~tary to the Planning Board Town of Southold Zonin§ Board of Appeals Suffolk County Planning Commission Involved Agencics Parties of Interest Applicant St~e~ King Chugs of Zoae Appfica'~ou ~ Ma~tuck EAF Part NT&V ENVIRONMENTAL ASSESSMENT IlINVIRONiYIENTAL AND PLANNING CONSIDERATIONS STEVEN KInG CHANGE OF ~,ONE APPLICATION ~ I~[A. TTITUCK Prepared far: Prepared by: Cn'cgory F. Yaloboski, Esq. Office of the Town Attorney Town of Soutbold Town HaU 53095 NYS Rte_ 25 Southold, New York ! 1971-0959 Nelson, Pope & Voorhis, LLC 572 Walt Whitman Rnad Melville, New York 11747 Date: Sanua.r~ 26, 2000 The Town of Southold planning Board has retained N~lsort, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced chanic of zone application, As currently proposed, thc application involves a change of zon~ from R-40 Residence to B General Business on approxima~ly 0.69 acr~ of SCTM//1000-122-03-06. Thc total site ar~a is approximately 1.4 acres, with thc northern potion of thc site zoned B General B~ine~ to a depth of roughly 185 feet' and thc ~outhern portion zoned R-40 Residence to a depth of approximstely 140 feet. Thc site currently contain~ three structures, paved and unvegetated areas, with the r~mai~lcr consisting of old field vegetation. Wooded buffers exist along a small portion of the site's periphe~. This document analyzes the site and area resources including topography, soils. water, land ttsc, zoning and transportation and other available information. The site bas also been inspected for environmental/phnning conswaints. Location and Site Overview Thc project site is located on thc south side of Main Road, approximately 375' east of Bay Avenue in Mattituck, Town of Southold, County of Suffolk. The subject property can bo more particularly described as SCTM number 1000-122-03-06. The property has approximately 13Zk15' of road frontage along Main Road. The to~al site area is appro×imstcly 1.4 acres, with the change of zon~ application involving only thc southern portion, totaling rot~ghly 0.69 acres. This area of thc site does not contain any slructurcs, and re=inly consi3ts of old field vegetatiort, with small area of pavement, unvegetated areas, and small wooded buffers. The remainder, or St~ve~ King Cha~e of Z, ou~ Application ~ ~&v no~ posen of~e site, ~n~s ~ ~, ~ ,~do~ pav~ ~. ~ s~c~s do not app== to be ~flli~ at preset, md ~e ~te is g~e~ly det~ora~d. ~ou~ ~ site s~ded by ~sid~ ~d wmmcrci~ deval~ p~cls, ~c p~cl is locaed app~xi~tely 160 feet offi~ wct~ ~ciat~ ~ l~es Creek. ~y ~ ~velopmcnt may r~ ~prov~ ~om ~c ~SDEC ~er ~cle 25 of ~c ECL, ~ ~e ~SDEC h~ jurisdiction up to 3~ f~l ~om ~dal w~l~. ~s ~vi~ ~11 ~scuss ~c p~pos~ project im potenti~ ~pact on ~c l~d r~o~ca. l~rouosed Project The applicant requ~ts a chan~c of zone from R40 Residence to B General Buslncss within rear 140 feet of thc parccl, or a total of approximalely 0.69 acrcs. As previously stated, the total site area is approximately 1.4 acres, with the majority of thc northern portion of thc site zoned B C~ncral Busincss and the southcm portion zoned R-40 P, esidence. Thc site contains three s~rucmres within the B General Business zoned porton, and thc remainder of the site consists of small ar~as of coucrete and unvegctated areas and is dominated by old field vegetation. The applicant has indicated that the southern pon'ion et' thc sit~ has historically b~'n utilized overflow parking for a variety of the commercial/retail uses that have occupied the site_ In total, 30,163 s.f. of the property would require a change of zone. At this time, no additional amenities are proposad. The subject zone change site docs not appear to contain amplc parking to meet the needs of thc commercial uses allowed on the north part of the site. The change of zone application will fa~ilitale the continued use of the southern portion of thc property for parking. It should also bc noted this portion of thc site does not conform to the minimum lot size rcquircmcnt within the R-40 Residence district. The project site is located m an area that contains a mix of residential and commercial developed land. The land Ilsc in thc general area is predowln~ntly residential, although a mix of residential and conunereial/offiee uses have frontage along Main Road. The site is currently developed commercially, and historically has been occupied by a variety of commercial and retail uses. Thc site is sunounded by both residential and commercial zoned developed properties, and also contains approximately 218' of frontage on/ohn's Road, a pfivae right o f way, to the south. The site does not appear to be utilized at present, although thc former parking usc on sim is obvious. Approval of a change of zone application would allow the encroachment of business zoning/nto thc residential zoning district. This review assumes that the proposed change of zone is a precursor to allow the estshlishmcnt of a parvlng area needed to meet the needs of thc existing commcrcial stroeturcs, Thc applicant would require site plan review and approval and at that time the Planning Board would require the apphcant to supplement and/or create wooded buffers along those site boundaries that abut residentially zoned parcels. However, approval ora chan§e of zone could encourage neighboring residentially zoned properties to apply for commercial zoning, thereby causing furth~- cncreacluncnt into residential zoni,~.~ districts. The proposed zone change is somewhat unique in that the site is cleared and has historically been FAF Pi~ l Review NP&V ~9299 usad for parking. The proposed zone change can be mitigated by prop= site design and landscaping. Any potcufial futurc zone changc applications will have to stand on their owner merits baaed on/ndiv/duai review. The site is zoned "R-40" Residence, which requires a minimum lot sizc of 40,000 SF. or just slightly less than Iacrc. Thc~cfore, the 0.69 acre site does not meet thc minimum required lot size. For use comparison purposes, it is important to consider potential usc of the site under R- 40 zoning. Maxiraum permitted lot coverage within thc "P,-~0" zoning dislrict is equivalent to 20% of the lot area (6,032 Si;). Under exis~xg conditions, this area of thc prol~rty does not contain slructur~s. Thc required front yard, si~ yard, and rear yard dimansions are 60, 20/45, and 75 feet, rospectively. Residential d~velopment of the property would roquire minimum lot area variances, in ~,t,tidon to eilher a front and/or rear yard variance, aa the area in question is only roughly 140 fe~ in depth B General Busincss is thc domin:~nt zonin~ located on thc south side of Main Road, for a depth of approximately 200 feet. Beyond this, R-40 is dominant to the south, southeast, and southwest of the site, and R-80 is located farther south and east. R-40 remains the dominant zoning to the southwest. RO is dominant on the north side of Main Road across from the subject parcel, with R40 dominant farther to thc north. B General Business is also localed on the north side of Main Road, and west of the project site. Land use in the gene_mi area is predominantly residential with conunercial uses fronting on Main Road and appea~ to reflect current zoning regulations. Traffic Generation The proposed nsc would be expected to incrc~sc u-affic generation upon full estabhshtncnt of the site aa compared to existing condition~. The anticipated future expansion of a parking area as a result of the changc ofzonc may be expected to increase the number of visitors to the site. As a result of the parking expansion, it would be expected that the applicant would incorpor~tc sitc improvcments, which would furthcr result in attracting patrons to the existing commercial structures. As thc commercial usc of thc ovcrall site is unknown at this time, the ~c impacts can not be determined. However, it can be expected that thc proposed change ofzonc and rcsulting parlcing expansion would gancrate additional Izaffic to the area. Due to thc location of the site and consideration of area roadways, an/acmaac in trip generation ax the site would not be expected to havca significant impact on the area roadways. However, it should be noted that future use trip generation rates may vary greatly dependent on commerciaYretail uses. The site access clrivc appears adequate and the horizontal and vertical road curvature allows adequate site distance. It is important to note that thc structures that would ganerate this traffic already exist on thc commercial pordon of the site. I~ee 3 FF-B-28-2000 i6:01 ~c~ '~o ~or r~.~o.~ ~ Pa~ 1 ~ ~e site is ~lafivcly ~t ~u~o~ ~ ~ c~ ~lop~ b~ app~x~atcly 0-10%. ~c pwp~ ~s not ~nt~ ~y si~ficmt lm~o~ or g~lo~cal fe~es. ~c site ~mism ~tircly of Cut ~d Fill l~d, g~ntly sl~g (~). ~s soft mapping ~t is ~de up ofl~el m gently slop~ ~e~ ~t Mve b~n cut ~ fill~ for non-f~ uses ~a~er, 1975). G~erEly, scvcm limi~tions msociat~d ~ cut ~d fill l~d includes est~lis~g ~d main~mg la~s ~d l~ds~aping ~or f~g due m ~c ~rafion of ~c p~t ~t~fl. Th~ l~d ~ h~ f~w, iF ~y, li~ta~ons to ~es m b~g sites ~arner, 197~. ~e topogaphy ~d soils on site do not appc~ to preset sgverc d~elopm~t ~ns~ts. Water ~e~ourees. Public water is supphed to thc general area by thc Suffolk County Water Authority, although the sim itself is not specifically connected. There is au 16 inch main along the north side of Main Road, which extends to Factory Avenue (west of the sim); beyond which, the main extends towards thc north. No additional mains a~e located in the immediate vicinity. The Laurel Lake Well Field & Pump Station is loeatcd on the north side of the LIP.R, just north of thc Main Road and Bray Avenue intersection and also has frontage on Sound Avenue. The total quantity of water used by tile site is unknlown and again is dependent on future oommcroial/rctaLl usc of thc site. The proposed change of zone application would not be ~xpected to increase future water consumption on site, as it anticipated that future d~velopment in this area will consist of a parking lot cxpausion. It is not expected that the proposed project will have a si~iflcant hnpact on water supply resources and in fact, would have less impact than residential site use which would utilize approximately 300 gallons per day. The elevation of groundwater beneath thc subject site is estimatad at approximately 3 feet above mean sca level (ms]) according to thc 1997 SCDH$ water table map. The topographic elevation on site ranges fi:om approximately 10 fcct above msl, based on thc USGS Topographic Map, Mattituck ?3 Minute ([h~d_,angle. Therefore, the minimum depth to groundwater is approximately ? feet. Thc dh'c~tion of groundwater flow is towards the south. As thc site is currently developed, it is not expocted that the proposed change of ~one will requi~ a sanita~ system cxpau~ion. However, adequate lea~hing pools will be required following an increase in the impentious surfaces on site. This will be considered during site plan review. Thc depth to groundwater on site is not expected to have significaut constraints with regards to the expansion of a parking area. In conclusion, thc proposed project appears to have minimal environmental constraints. The chaugc of zone is anticipated to act as a precursor for thc cxpausion of a parking area. As this area of thc site has historically been utilized as such, minimal impacts are expected. The site does not appear to contain significant cnviromneuml features that would limit the change of zone application, provided adequate s~backs near the residential properties and tidal wetla.m:ls arc achieved. The change o£ zone would not be exposed to significantly incrcasc waste water generation, solid waste generation aud/or water usc. $iL'Ven King Chfm~ ofZonc Appli~fioa ~ Mattock ~A.F Pa~ I Review NP&V~t99299 The site has historically be~n utilized commercially, with the soulh~m portion of thc site utilized ~s an overflow parldn.o, area. Currently, thc site is not well maintained. Approval ora change of zone would allow the applicanI to construct additional parking, thereby allowing the site to obtain the parking r~luired under the existing zoning on the remainder of the site. This in turn would be expected to improve the aesthetic quality of thc site, through landscaping and site improvement to a pcrrnanent use. Thc site is expected to increase the number of trips entering and exiting thc site, however thc change of zone is not anticipated to generate significant additional traffic to the surroundin~ areas or have a significant impact on area roadways. It is recommended that thc Planning Board ~nsure proper drainage ~,~rl landscaping for any proposed site improv"mants if this zone change is approved. The wetland boundary southwest of the site should be determinediverified by the i'qYSDEC. As the wetland boundary is expected to lie a distance of approximately 160 feet 6'om the prop~"rty boundary, impacts to the wetland would be expected to be minim~! In addition, ii'the site lies above the 10 foot contour, or John's Road is considered to be a road defined by Article 25, the NYSDEC would be expected to issue a letter of non-jurisdiction_ However, if det~n'nined otherwise, it is also recommended that no activity occur within a minimum of 100' of the wetland and the NYSDEC be contacted. P~,ae S TOTAL P.09 PUBLIC HEARING $OUTHOLD TOWN BOARD FEBRUARY 15, 2000 5:00 P.M. ON THE PETITION OF STEPHEN KING FOR A CHANGE OF ZONE FROM RESIDENTIAL R-40 DISTRICT TO GENERAL BUSINESS DISTRICT (B), SCTM #1000-122-3-6 Present: Absent: Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Supervisor Jean W. Cochran COUNCILMAN ROMANELLI: "Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public heating will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 5:00 P.M., Tuesday, February 15, 2000, on the proposal of Stephen King to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from (R-40) Residential District to (B) General Business District. Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, known and designated as the rear 140 feet of SCTM #1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast comer of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 minutes West 196.71 feet to a monument; from said point of beginning running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument and land now or formerly of Lyons & Sheppard; mrming thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 de[,n-ees 00 minutes West 218.00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM #1000-122-3-6 lying North of the described parcel. By order of the Southold Town Board. Dated: January 4, 2000." I see no correspondence. TOWN CLERK NEVIL£E: The Planning Board and the County. COUNCILMAN ROMANELLI: The County gave their correspondence. They wanted some conditions. The premises should be restricted for parking purposes only. Premises should be developed jointly with adjoining lands to the north. Access to the prenfises should be through the adjoining lands to the North, and appropriate buffers and screening provided to protect the nearby residences. TOWN CERK NEVILLE: Keep going. There are a lot of administrative things really, but it is there. The County one is in there, and the Town. COUNCILMAN ROMANELLI: Yes, we do have one here fi.om our Planning Board. They are in favor of the zone change, and low density R-40 to General (B) business. There is insufficient area of parking in the General Business portion of property to support the two uses in the existing two buildings on the property. With the zone change there would be sufficient area in parking for the two uses. Because of the lack of parking the property has remained unused and unsightly through the years. The Planning Board considers the zone change to be in the best interest of the tow~a, and that is from our own local Planning Board. That's it. COUNCILMAN MURPHY: Would anyone like to address the Toxvn Board in relation to the zone change? GAIL WICKHAM: Good afternoon. My name is Gall Wickham. I am here on behalf of the applicant, Stephen King. I would like to start by saying I do have the affidavit of posting, which I will submit to you after the hearing. I believe that it is entirely fitting that I had to basically pull myself out of a very important basketball game that my daughter was playing in this afternoon in order to come down here and do this heating, because for those of you who do not know the Kings, they are very, very vital and important part of supporting a community areas in Mattituck, and the North Fork communities. They own and have owned for over twenty years, East End Sporting Goods, which has been in business in Mattituck, initially on Love Lane, and for almost ten years in the what is now the Waldbaum Shopping Center in Mattituck, and they have made incredible contributions to the sports teams, the school teams, the community teams, and generally the community in general in terms of their athletic business, and I think what they are trying to do here is to enable themselves to continue in a spot where they can do it more economically. One of the difficulties they have had has been competition from places like Tanger, and competition from places such as the Interact where they are dealing with competitive market place, that is outside of the local community, and it has been because of their local involvement in the business community, and in the sporting community, that they have been able to do so well, and they need more space in order to continue that. This particular property for those of you who may not be familiar is actually just west of the beverage property. It is right behind what used to be the old movie theatre in Mattituck, and it is a large piece of property, that unfortunately when the Town rezoned in Mattituck years ago was only rezoned half way back. The Town arbitrarily picked a 200 foot line to rezone, and didn't catch the back of this property. Most of the other properties along there are only about 200 feet deep, so they are fully covered. But this property has been years before the inception of zoning was used as a continuous and complete business property, and all we are asking to do is to basically legalize that so we are not dealing with non-conforming use. One of the problems is that the buildings on this property, which again are all pre-existing, are large. There are almost 9,200 square feet of area in these buildings, which in order accommodate current zoning and site plan requirements, that area cannot be fully utilized without having legitimate parking facility parking facilities in the back. That is basically what we are seeking to do. The property has always been used for parking in connection with uses in front, but it has never been approved to make it look attractive and to accommodate drainage, and landscaping, those types of things. As the Kings tried to improve the look and the construction on the property they will in fact be able to do that if you do grant the rezoning. Without that parking ability in that area there is not adequate parking on the front piece, which is zoned for business in order to generate a sufficient economic return. Just to give you brief idea of the use of the property the large building, which is actually a Quonset type structure, was built very early in the 1950s, and used for years as a movie theatre, and the parking for that theatre was included in the back piece, which we are now asking to rezone. The property was purchased as one entire piece, and has remained in that single ownership prior to zoning. After the movie theatre was discontinued. The building was immediately converted to retail and wholesale auto purchase for years, and years, and years, and there is a side building that was used for many years at various types of retail operations. More recently the building was a bicycle shop with retail usage, and the building on the west side was used for retail uses such as pool supplies, and more recently boating sales. We realize that when the Town is asked to downzone a property from residential to business you do have to look at it very carefully, but we think that given the nature of the application it is an appropriate request. The residential nature of the lot is not appropriate to the site because it is in a heavily commercial area. It is in part of the Mattituck commercial district, and the portion of the property that is not business zoned that you are seeking to zone is not big enough to adequately address the 40,000 square residential zoning, so you have to get a variance to even use it for residential. Moreover it is not a desirable lot as a residential piece, because of these huge buildings right around it. I have a letter from a realtor, a Mr. Carl Austin of Lewis Realty, who could not be here today, but I would like to submit that at the conclusion of the heating. It is his opinion that it is inappropriate from a value standpoint to be used as a residential property, and the use of that property without this appeal will be of little or no value. Certainly you can't use it for a residence. I don't think you would be able to put any type of attractive house on it that would give any benefit to the area. I 4 think that the main point that I want to make today is that in my over twenty years of doing this type of work it is very rare to have received a letter from the Southold Town Planning Board favoring the downzoning, and in this case I want to make particular mention of the fact that the Town Planning Board does approve this request, and recommends in favor of it, and if I may quote fi'om that letter. There is insufficient area in parking on the general business portion of the property to support two uses iu the existing two buildings. With the zone change there would be sufficient area, and parking for two uses. Because of the lack of parking the property has remained unused and unsightly for many years, and the Planning Board considerers this zone change to be in the best interests of the town. With respect to the Suffolk County Planning Commission comments. I don't necessarily feel that in the absolute they are inappropriate. I don't think they are appropriate for the condition of a zone change. I think that any comments that they have made would be more appropriate in the event of a site plan development and consideration by our local Pla.truing Board as to whether they are appropriate, hi terms of restricting at the point, if there were any mention of the buildings due to a casualty loss you may prefer to be able to nmve the buildings back off the highway a little bit, so to put a restriction on that for parking purposes only, I think might be shortsighted. Certainly the lot coverage, and other zoning restrictions would restrict what you could do back there even with current developmental property. In terms of providing access to other premises, that would be an economic problem for the applicant although he is certainly thinking about that, and has even talked to the adjourning owners about doing that. I think that has to be something that comes from the owner, because you can't really severely impose an easement on someone without taking into account the entire economic picture. So, we would respectively ask that this be referred to the Planning Board should they ever need to consider a site plan on this property. If you have any questions the things are here, or perhaps I can answer anything you might need to know. COUNCILMAN MOORE: That transaction is closed. GAlL WICKHAM: The property is owned by the Kings at this point. It was previously owned by Mr. Bagshaw. He no longer owns the property. Because the Kings are in a rental situation, which is terminating, and because of the time it took to get to a hearing, unfortunately they were required to close on the property prior to the conclusion of this hearing. So, they have really not even gotten the benefit of the property rezoning. Due to the business, they were required to go ahead, so that transaction has concluded. COUNCILMAN MURPHY: Would anyone else wish to address the Town Board on this zone change? (No response.) If not, I will close the hearing. FEB 2 3 beth A. Neville Southold Toxvn Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~R OF VITAL STATISTICS RLkRRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOR~L~TION OFFICER Town Hall, 53095 Main Road P.O Box 1179 Southold, New York 11971 Fax ,631) 765-6145 Telephone (6311 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON FEBRUARY 29, 2000: RESOLVED that the Town Board of the Town of Southold. acting as Lead Agency in the Stephen King rezoning application, hereby adopts the following negative Declaration pursuant to the SEQRA rules and regulations: SEQR NEGATIVE DECLARATION Noti~ of Determination of Non-Significance Determln ation of $ig~ificance Lead Agency: Town ofSou~old Contact: ]dr. Bclmctt Orlov~ld, Ch.-man Address: Town Hail. 53095 Main Road P.O. Box 1179 Southold, l~g 11971 Date: Fcla'uary 29. 2000 This notice ia iasucd pu~,--t to 6 NYCRR Part 617 o£th~ implcmcnting regulations pcrlninlng to Article 8 (State Bnviro,wn~tnl Quality Review - SEQR) of6ae Bnvimnmcntal Con.~'vatlon Law and Chapter 44 of the Town Code of the Town of Southold. The [cad agcacy has dctcrmlned that the pmposcd action described below will not have a significant effect on the environmcnt. 23tie o fAction: -q~.vcn King Changc of Zollc Application REQt Status: Unlisted Action Description of /lction: Thc sppl/cant requ~ats a ;han~e of zone from R-40 Reddenee to B Gc~c~l Business within the mar 140 feet of the parcel, or a to~l of appzOXJ,Tila~ly 0.6~) ~raz. Thc t~,l iit~' ~ iS ~oprolrimntg[y 1.4 acres, wit the majority of thc north~ro pooion of the rite zoned B C-choral Bus/ness to a depth of 185 feet and the southern portion zoned R-40 Rcsidcncc to a &-pth of appro~ir,,~tdy 140 fcct. The site covt~inc threc slruchncs within thc B Ocncral Bnsines.s zencd portion, and the r~m~indcr of thc s/t,- consists of ,-ms!l m-cas of concrete and unvcgew, ed areas and is domina,.ed by old field vcgciation. Thc applicant haz ind/cal~d that the soudxem portion of thc zi~ ha~ his~ically been ufil/zed az overflow pa~ing for a varict~ of thc commcrcial/ro~ail uscs that have occupied thc aisc. In total, 30,165 s.f. of the property would require a change of zone. At'this time, uo additional amenities ';re proposed. The subject zone chaz~¢ site docs not appear to contain mnple parking to meet uecAs of thc commercial uses aDowed on the north part of the sit=_ The ch~,~gc of zone application v~ll fac~it~U~ ;he contmu~ usc of ~he southern port~ou of the property for parldng. I~ should also bc noted this portion of the site does not conform to ~c mini.mum lot size requir=ment within the R-40 P, csidcuec district. The project site /s located on the south side of Ma/n Road, appro~dmatcly 3'/5' eart of Bay Avenue in Matlilnck, Town of South~ld, County of Suffolk. Thc property h~s approximately 134.15' of road frontage along Math Road and approximately 218' of frontage on Joha's Road, a private right of way, to thc south. Access to thc properly will remain along Main Road. SCTM No_: 1000-122-03-06 l~,,-,ons SupporUng This. Determination: Thc applie~on has been r~viewcd pm'suant to the Critgxia for Dcte,,,,~in~,t;un of $ignificn,~e conta/ncd in Part 617.7. Consid~ali~n has been given to infom~ation supplied by the applicant. Thc change of zone applicslion is anticipated to act a~. a precursor for thc.expansion of a par~i~ 'ar~a. The proposed a~ion is co~idered a minor project. Thc site is developed commercially within the G (General B,~inoss) zoned portion of the site, and the area subject to thc zone ~_h~n?. application is vacant. This portion of the site is cleared and has historically be~n utilized as a paring area. The site located in an area that conta/m a mix of residential and commercial uses. The site docs not contain any enviro~me~Lal features that would be impacted as a t~ult of thc ch~,c of zone application. Thc site is rolatively fiat, contains soils condudve to sanitary syaems, has an adequate depth to groundwaer, and does not contain si ? itl cant vcgctatiun. Thc proposed zone ch~mge is somewhat unique in rh=t thc site is cleared and has historically been used for parldng. The proposed zone chango can be mitigated by proper site design and landscaping. Addition~tly, thc site docs not conform to thc m/n/mum lot size requirements for th~ R-40 zoning dishict under existing conditions, ~nd would also requiro cithcr a f~ont and/or rear year variance. Once zoned co~,~ial, the applicant would require site plan review and approval and .t that time thc Planning Board would, rr4uire the applicant to supplem~t and/or create wooded buff¢l~ along those site bo-n,~,,ies that abut resid~'atially zoned, parcels. Due to thc historical u~e of the site ~ a pa.,'ldn~ ar~a and thwugh adequate of landscaping, the resu.lt~g Jm.~aCt is expected to be m/nlm21 For Further I~formafion Contact: Elizabeth Neville.. Tqwn Cleck Town ofSouthold,. Town Hn]]. 53095 Main Road P-O. Box 1179 Southold, NY 1t971 Telephone: (516) 765- 1800 Copies of [hl~ Notice Sent to: Commissiouer, NYSDEC NYSDI~C, Regioual Office a~ Stony Brook Town of $outhold Super~isor's Office Town Clerk of the Town of SouthoM Town of Southold Sec-Wauy to the ph~nln§ Board Town of Southold Zor~ug Board of AppeaLs Suffolk County Planning Commission Involved Ag~cies Parties of Int.-est Applicant February 29. 2000 516 425 1257 NI=L~QN, POPE ~ VOOIgHLc:, LLC P. 01~09 FAX COVER SHEET To2 Phone: From: Date: Re: No. of Pages: (including Cove0 Orcg Yakaboski 765-1889 765-1823 Shana Lacey Febr. ary 28, 2000 negative declaration & change of zone review Steven King change of zone application 9 Comments: Greg, Pleaae feel mfonuation. free to call should you havc any questions or require additional Sincerely, Shana FEB-2B-2000 1S:~9 S16 ~25 12~? P.02~09 SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Significance Lead Agency: Town of Southold Plarmmg Board Contact: Mr, Bennett Orlowski, Chairman .4ddres$: Town Hall, 53095 Main Road P.O. Box 1179 $outhold, NY 11971 Date: February 29. 2000 This no,ice is issued pursuant to 6 NYCRR Pan 617 of tM implemen6ng regulations p~rtaining to Article 8 (Sta~e Environmental Qualivj Review - SEQR) of thc Environmental Cons~'vatlon Law and Chapter 44 or'the Town Code of the Town of.%uthold. Thc lead agency has d~¢rmincd that the proposal a~tion described below will not have a significant effect on the environment. Title of .4ct~on: Steven King Change of Zone Application SEQR Status: Unlisted Action Description of Action: Thc applicant regu~sts a change of zone from R-a,0 Residence to B G-cncral Business withi~ ~ rgar 140 feet of the parcel, or a total of approximau:ly 0.69 acrcs_ The total sim arcs is apprmcimatcly 1.4 acres, with the majority of the northern ponien of the site zoned B General Business tea depth of 185 feet and the southern portion zoned R-40 R~sid~nce to a depth of approximately 140 f~et. The site contains three structm'cs within thc B Germ-al Business zoned porlion, and the remaindcr of thc site consists of small areas of concrete and unvegetated areas and is dominated by old field vegetation. Tha applicant has indicated that the southmn portion of the site has historically been utilized as overflow parking for a variety of the commercia[/rciai] uses that have occupied thc site. In tw. al. 30.163 s.f. of the property would re~tture a change of zone. At this time, no additional amenities are proposed. The subject zone change site does not appear to contain ample parking to meet Dctc~mination of Significance Steven lQng Change of Z~ilC Application, Mattttuck nccd~ of thc commercial uses allowed on the north part of the site. Thc change of zone appl/cafion will facilitate thc continued usc of the sout~n poruon of r.he property for parking. It should also bc noted this port/on of the site chaes not conform to the rrantmum lot size requirement within the R40 Residence district. The pro3ect site is located on the south side o£ Main Road, {pproximately 375' east of Bay Avemm in Mamtm:k, Town of Southold, County of Suffolk. The property ha~ approXtmately 134.15' of road frontage along Main Road and approximately 218' of frontage on John's Road, a private right of way, to the south. Access to the property will remain along Ma/n Road. SCTM No.: 1000-12/-03-06 l~.asons Supporting This Det=Fminafion: The apphcation has bccn reviewed pursuant to thc Criteria for Dct=rmi-ation of Significance contained in Pan 617.7. Consideration h~_~ been given to information supplied by the applicant. The change of zone application is anticipated to act as a precursor for the expansion of a parking ~rea. The proposed action is consid=cd a minor project. The site is d~veloped commcrciaily within the G (Oan=ral B-~iness) zoned portion of the site, and the area subject to the zone change applicalion is vacant. This portion of the site is cleared and has historically been utilized as a parking area The site located in an ama that contains a mix of residential and comm~'ciai uses. The site does not contain any envinanmantal features that would be impacted as a r~sult of the change of zone application. The sit= is r~latively flat, contains soils conducive to sanitary systems, has an adequate depth to groundwater, and does not contain significant vegetation. The proposed zone change is somewhat unique in that the sit= is cleared and has historically been used for parking. The proposed zone change can be mitigated by proper site design and landscaping. Additionally, the site does not conform to the minimum lot size requirements for the R-40 zoning district under existing conditions, and would also rextuirc either a f~ont and/or rear year variance. Once zoned commercial, the applicaat would require sit= plan review and approval and at that time thc Planning Board would require the applicant to supplement and/or create wooded buffers along those site bo,-daries that abut residentially zoned parcels. Due to the historical use of the site as a parking area and through adeclUatO of landscaping, the resulting impaut is expected to be minimal. FEB-2B-2000 16:00 5t6 425 1257 P.04/09 Determination of Signlficauce ~.even ~ Change of Zone Application, For Further Information Contact: Mr_ B~nnel~ Orlowsld, Cha/rman Town of Southold, Plannin//Board Town H~ll. 53095 Main Road P.O. Box 1179 Southold, NY 11971 Telephone: (~16) 765-1938 Copies of this Notice Sent to: Commissioner, NYSDEC NYSDEC, Regional Office a~ SIony Brook Town of Southold Supervisor's Office Town Clerk of r. he Town of Southold Town of Sou~old S~cr~aW to the Planning Board Town of Southo[d Zordng Board of Appcah Suffolk County Planning Coromi~sion Involved Agencies Parties of Interest Apphcant 16:00 Stereo King CI I¢ NVIRONMENTAL ASSESSMENT REVIEW F-NVIB. ONMENTAL AND ~)LAMNING ("ONSIDERATION$ STEVEN KING CHANGE OF ~ONE APPLICATION ~ MATTITUCK Prepared for: Prepared by: Gregory F_ Yakaboski, Esq. Office oft_he Town Attorney Town of Sou~bold Town HaH 53095 NYS Rte. 25 Southold, ~Tew York 1197~-0959 Nelson, Pope & Vonrhia, LLC 572 Wak Whitn~n R~ad Melville. New York 11747 Date: January 26, 2000 The Town of Southold Planning Board has retained Nelson, Pope & Voorhis, LLC (]NP&V) for consulting services in review of the above referenced change of zone application. As currently proposed, the application involves a change of zone from R-40 Residence to B General Business on approximately 0_69 acres of SCTM #1000-122-03-06. The total sitc ama is approximately 1.4 acres, with thc northern portion of the site zoned B General Business to a depth of roughly feet, and thc southern portion zoned R-40 Residence to a depth of approximately 140 feet. Thc site currcntly contains three rauctures, paved and unvesetated areas, with the remainder consisting of old field vegetation_ Wooded buffers cxist along a small portion of the site's periphery. This document analyzes the site and area resources including topography, soils, water, land usc, zoning and transportation and other availablc information. The site has also been inspected for env/ronm~ntal/planning consuaints. Location and Site Overview The project site is locatnd on the south side of Main Road, approximately 375' east of Bay Avenue in MattituclL Town of Southold, County of Suffolk. The subject property can be rnorc particularly described as SCTM number 1000-122-03-06. The property has approximately 134_15' of road frontage along Main Road. The total site area is approximately 1.4 acres, with the change of zone application involving only the southern portion, totaling roughly 0.69 acres. Th.is area of thc site does not co131'ain ally SffllOtllr©$, and mainly consists of old field vegetation. with small area et' pavement, unvegetated areas, and small wooded buffers. Thc remainder, or ~5B-28-2880 16:00 516 425 1257 P.06/09 gt~ve~ long C~* E~ P~ 1 ~view no~ po~on of~e site, ~n~ns ~ ~c~, ~ ,~altjo~ paved ~. ~c s~c~cs do not appc~ to be ud~ at preset, ~d ~e ate is g~e~ly det~oraled. ~ou~ s~o~dcd by resid~ ~d ~mmc~i~ develop~ p~cls, ~c p~cl is loca~d ~thln. approximately 160 fc~ offi~ w~ ~ciat~ ~ l~es Creek. ~y ~c development may r~ ~prov~ ~om ~c ~SDEC ~cr ~cle 25 of ~c ~CL, ~ thc ~SDEC h~ jurisdiction up to 300 f~ ~om ~dal w~l~. ~s ~vi~ ~11 ~scu~ ~c pmpos~ project ~d i~ potcnti~ ~pact on ~c l~d r~s. Prooosed Proiect Thc applicant requests a chan~e of zon~ from 1~-40 l~sidence m B Gon~al Busincss within thc rear 140 feet of thc parcel, or a total of approximaely 0.69 acres. As previously stated, the total site area is approximacly 1,4 acres, with the majority of thc northern portion of thc sim zoncd B Gemeral Bu,si~css and the southern portion zoned R-40 Residence. The site contain~ three sm~cmres within the B General Business zoned portion, mad thc remainder of the site consists of small areas of concr~e and unvegetated areas and is dominated by old field vegetation. Thc applicant has indicated that thc southcm portion of thc site has historically be~n utilized as overflow parking for a variety of thc commercial/retail uses that have occupied the site. In 30,163 s.f. of the property would require a change of zone. At this time, no additional amenities are proposed. The subject zone change site does not appear to contain amplc parking to meet the ncccls of thc commercial uscs allowed on the north part of the site. The changc of zone application will facilitate the continued usc of the southern portion of the property for parking. It should also bc noted this portion of thc site does not conform to the minimum lot size r~lnircmcnt within the R-40 Residence district. Thc project site is localad in an arca that contains a mix of residcntial and commercial dcvciopcd land. The land u~c in thc general area is predominantly residential, although a mix of residential and comraercial/officc uses have f~ontage along Main P. oed. The site is currcntly dcvcloped commercially, and historically has bccn occupied by a variety of commercial and retail uses. Thc site is surrounded by both rcsidcntial and commercial zoned dcvc[opcd propcrties, and also contains approximately 218' of frontage on lohn's Road, a private fight of way, to the south. The site does not appear to bc utilized at present, although thc former parking usc on site is obvious. Approval of a change of zone application would allow the encroachment of business zoning into thc residential zo-ine district. This review assumes that the proposed chanic of zone is a precursor to allow the establishment of a parking area needed to meet the needs of thc existing commercial structures. The applicant would reqnir¢ site plan review and approval and at that time the Plarming Board would require the applicant to supplement and/or create wooded buffers along those site boundaxies that abut rcsid~tially zoned parcels. However, approval of a change of zone could encourage neighboring residentially zoned properties to apply for commercial zoning, thereby causing further encroachment into residential zoning dtstricts. The proposed zone change is somewhat unique in that the site is cleared and has historically bccn REB-28-R000 16:01 516 4D5 1~57 P.O?xOg St~ven ~g Cb' -~ of~nc App~on ~ ~tuck EAF P~ l Review NP&V ~2~ for paring. ~a p~s~ ~n~ ~g~ ~ b~ mifigat~ by pmp~ sim desi~ ~d l~caping. ~y pot~fi~ ~e ~ne c~ge ~plicafi~ ~ll hav~ to stud on ~ o~er m~fits bm~ on ~du~ r~=w. The site is zoned "R-40" Residence, which requires a mi,i~um lot liz~ of 40,000 SF, or just slighQy less than 1 acm. Therefore, the 0.69 acre site does not meet the minimum required lot size. l~or use comparison purposes, it is impoltant to consider potential usc of the site under R- 40 zoning. Maximum permitted lot cov~ratle within thc "P..-40" zonin~ district is equivalent to 20% of the lot area (6,032 -~F). Under existing conditions, this area of the property does not contain structures. Thc required f~ont yard, side yard, and mar yard dimensions are 60, 20/45, and 75 feet, respectively. Residential devclopment of thc propert~ would require minimum lot area variances, in addition tn either a fi'out and/or rear yard variance, as the area in question is only wughiy 140 feet in depth. B General Business is the dom/nam zoning loeated on thc south side of M.i- Road, for a depth of approximately 200 feet. Beyond this, R-40 is dominant to thc south, southeast, and southwest of thc site, and R-80 is located farther south and east. R-40 remains the dominant zoning to the southwest. R.O is dominant on thc north side of Main Road across from thc subject parcel, with R-40 dominant farther to the north. B C.~eneral Business is also loc~d on the north side of Main Road, and west of thc project site. Land use in the general arca is predem/nan~ly residential with commercial uses fronting on Main Road and appears to r~flcct current zonJnE reEuladons. Trifffic C~ncration The proposed usc would bc expected to incmasc traffic generation upon full establishment o£th¢ site as compared to existing conditions. The anticipated future expansion of a parking area as a result of the change of zone may bc expected to increase thc number ofvisitor~ to the site. As a result of thc parking expansion, it would be expected that the applicant would incorporate site improvements, which would further result in am'acting patrons to the existing commercial sl~uctures. As the commcrcial usc of thc overall site is unknown at ~ time, the waffic impacts can not be determined. However, it can be expected that the proposed ch.nge of zone and resulting parking cxpension would generate ~ldition~l traffic to the area. Duc to the locatiou of the site and consideration of area roadways, an incrc~c in trip $cncration ~r the site would not be expected to have a significant impact on the area roadways. However, [t should bc noted that future use trip generation rates may vary ~reatly dependent on commer~ial/reU~il uses. Thc site access ddvc appcars adequate and the horizontal and vertical wad curvature aJJows edequate site d~stance. It is important to note that thc structures that would generate this ffaffic already exist on thc commercial portion of the site. P~e 3 FEB-2B-2000 16:01 516 ~2~ 1257 P,08/09 Steveu King C~ -e of Zone AppOrtion ~ Ma~ck ~Pa~l~ NP&V Sqi~s ~d Topo~hv ~e site is rcla~vciy ~t ~u~out. ~ ~ c~ ~lopes b~n ~ppmx~ately 0-10%. ~e prop~ ~es not ~nt~ my si~ific~t lm~o~ or g~lo~cal feazes. ~c site ~mism ~tircly of Cut ~d Fill l~d. gently slop~g (C~). ~s soft mapping u,it is ~de up of l~cl to gently slop~ ge~ ~t Mve b~n cut ~ fill~ for non-f~ mcs ~srner, 1975). G~er~ly, scvcrc limi~tions msocia~d ~ cut ~d fill lind includes cst~lis~g ~d maint~g la~s md lmdscaping m~or f~ng due m ~c ~on of ~c p~cnt ~t~. The l~d ~e h~ f~, if my, h~ta~om ~ ~s ~ b~l~g sites ~ner, 1~7~. ~e topogaphy ~d soils on site do not appc~ to preset s~vgc d~clopm~t ~ns~ts. Water R. esources Public water is supphed to the general area by the Suffolk Cotm~ Water Authority, although the site itself is not specifically connected. There is an 16 inch main along the north side of Main P, oa~ which extends to Facmry Avenue (w~st of the site); beyond which, the main extends towards thc north. No additional ~ are Iocaed in the hrunediate vicixtity. Thc Laurel Lake Well Field & Pump Station is located on the north side of the LIRR, just north of the Main Road and Bray Avenue inter~ection and also has frontage on Sound Avenue. The total quantity of water used by the site is unknown and agaia is dependent on future commercial/retail use of the site. The proposed change of zone application weald not be expected to increase future water consm-nption on site, a~ it a~ticipated that futu~ development ki this area will consist of a parking lot expansion, h is not expected that the proposed project will have a siLz~ifica~t impact on water supply resources and in facL would have l~s impact than residential site use which would utilize approximately 300 gallons per day. The elevation of gzoundwater baneath the subj~t site is estimated at approximately 3 feet above mean sea level (msl) according to the 1997 SCDItS water table map. The ~opogyaphic elevation on site ranges from approximately 10 feet above msl, bas~ on the USGS Topographic Map, Mattituck 7.5 Minute Ql~arangIe. Therefore, the minimum depth to groundwater is approximately ? feet. Thc direction of groundwater flow is towards the south. A~ the site is currently developed, it is not eapected that the proposed change of zone will require a sanitaz~, system expansion. However, adequate leaching pools will be reqmrcd following an increase in the impervious surfaces on site. This will be considered during site plan review. The depth to groundwater on site is not expected to have significant cons~aincs with regards to the expansion of a parking ar~a. SI_IMM_ARy In conclusion, thc proposed project appears to have minima] environmen~l constraints. Thc change of zonc is anticipated to act a~ a precursor for thc cxparaion of a parking area. A~ this arca of thc site has historically been utilized as such, minimal impacts are expected. The site does not appear to contain significant cnvironmcntal features that would limit the change of zone application, provided adequate setbacks near the residential properties and tidal wetlands arc achieved. The change of zone would not be c,xpocted to significantly increase waste water generation, solid waste generation and/or water usc. FEB-2S-2000 ~6:02 St~ven King C? ~ ofZon~Appll~on ~ Mi~ck ~&v~992~ The site has historically bean utilized commercially, with the southern portion of thc site utilizcd as an overflow parking area. Currently, thc site is not well mairitainod. Approval ora change of zone would allow thc applicant 1o consmict additional parking, thereby allowing the site to obtain thc parking required under the existing zon/nE on the rem~i,~,~er of the site, This in mm would bc expected to improve the aesthet/c qualiw of thc site, through landscap/ng and site improvement to a pcrmanent use. The site is expcc~d to mcrcasc the numbcr of nips entcfing and exiting thc sitc, howcvcr thc change of zone is not anticipated to tan~-au: si~rfifieant additional traffic to the surrounding ~.reas or have a significant impact on area roadways. It ts recommended that thc Planning Board cusure proper drainage and landscaping for any proposed sitc improvcmenls if this zone change is approved. The wetland boundary southwest of the site should bc determined/verified by thc NYSDEC. As the wetland boundary is cxpected to lie a distancc of approximatcly 160 feet from the property boundary, impa~ts to thc wetland would be expected to bc minimal. In addition, if the site lies above the 10 foot contour, or John's Road is considered to be a road defined by A~icle 25, the NYSDEC would be eXl~eCtexi to issue a letter of non-jurisdiction_ However, if determined otherwise, it is also recommended that no activity occur within a minimum of 100' o£the wetland and the NYSDEC be conta;ted, Paae $ TOTAL P.09 RESOLUTION FEBRUARY 29. 2000 RESOLVED that the Town Board of the Town of $outhold hereby adopts the attached Local law which amends the Zoning Map of the Town by changing the zone district designation from (R-U, 0) R-~0 Residential District to (B) General Business District for the part of the parcel of property identified by SCTM #1000-122-3-6 as is in the R-Lt0 Zoning District LOCAL LAW NO. - 2000 A Local Law in Relation to Amending the Zoning Code (including the Zoning Map) of the Town of Southold by changing the zone from (R-40) R-40 Residential District to (B) General Business District for that part of the parcel of property identified by SCTM #1000-122-3-6 as is in the R40 Zoning District. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. A part of the parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town_ Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of that part of the parcel identified by SCTM #1000-122-3-6 as is subject to the R-40 Residential District designation from the R-40 Residential District to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast corner of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196_71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183_94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218_00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000- 122-3-6 lying North of the described parcel. Section 2. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 3. This Local Law shall take effect immediately upon filing with the Secretary of State. TO: FROM: DATE: SUBJECT: MEMORANDUM SUPERVISOR JEAN W. COCHRAN AND THE SOUTHOLD TOWN BOARD GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY FEBRUARY 15, 2000 REVISED PROPOSED LOCAL LAW RE:KING REZONING Please find attached a REVISED proposed local law in relation to the petition made by Stephen King. The only change is the addition of"part of the parcel" as opposed to the entire parcel. The parcel is currently split zoned with the rear portion zoned (B) and the front area zoned (R-40). The petitioner is seeking to change the (R-40) portion to (B) thereby making the entire parcel (B) General Business Zoned. LOCAL LAW NO. - 2000 A Local Law in Relation to Amending the Zoning Code (including the Zoning Map) of the Town of Southold by changing the zone from (R-40) R-40 Residential District to (B) General Business District. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. The part of the parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the part of the parcel identified by SCTM #1000-122-3-6 from the R-40 Residential District designation to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southotd, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast corner of land now or formerly of Suter; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000-122-3-6 lying North of the described parcel. GREGORY F. YAKABOSKI TOX. VN ATTORNEY 1VIA~Y C. WILSON ASSISTANT TOXA~N ATTORNEY JEAN x,V. COCHtLAIN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih t ownattorney~_.sout hold.org OFFICE OF THE TOWN ATTORNEY TOX, VN OF $OUTHOLD MEMORANDUM TO: FROM: DA TE: SUBJECT: ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YA~BOS~, ESQ., TOWN A ~ORNEY ~'~ ~ ~_ MARY C. ~LSO~, ,~SS~STANT TOWN ~ r,'ORNEY FEBRUARY,7, 2000 STEPHEN KING REZONING APPLICATION Please forward the transcript from the King Rezoning Hearing to Chic Voorhis for incorporation into the SEQRA Report. We want to have the SEQRA done for the next Town Board Meeting on 2/29/00. Thanks. GFY.'ck ~16 425 !Z~7 P.01/06 NELSON~ POPE ~, VOO~HIS. LLC FAX COVER SHEET Phone: From: Date: Re: Greg Y.kaboski '/65-1 ~89 765-1823 Shana La~ey February 14, 2000 Change of Zone Review $CTM #1000-122-03-06 No. of Pages: (includ~g Cove-) 6 Comments: Jim, As requested, attached please find a draft review of the above referenced project Please do not hesitate to call if you have any questions or require additional information. Sincerely, Shana FEB-14-20B8 15:54 King Ct 516 425 1257 P.02/06 e of Zooe Application ~ ~mt'~i~ck FAF Pm't 1 Review ENVIRONMENTAL A~-ggSSMENT REVIEW ]~NVIRONM~NTAL AND PLANNING CONSIDERATIONS STEVEN KING CHANGE O1~ ZONE A. PPLICATION ~ Mag'rrlTUCK Prepared by: Crrcgory F. Yalmboski, Esq. Officc of Irhc Town Atmm~y Town of Southold Tow~ Hall 53095 NYS Rte. 25 .gouT. hold, NewYork 11971-0959 Nehon, Pope & Voarhis, I..LC 572 Walt Whilman Road Melville, NewYork 11747 Date: January 26, 2000 The Tow~ of Southold Pl~nnlng Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced change of zone application. As c~tly proposed, the application involves a change of zone from R-40 Residence to B General Business on approximately 0.69 acres o£SCTM #1000-122-03-06. The total site area is approximately 1.4 acres, with the northern portion of the site zon~cl B General Business to a depth of roughly 185 feet, and the southern pOn'ion zoned R-40 Resid~m~a to a depth o£ approximately 140 f~t. Th~ site currently contains three smlcture,,s, paved and unvegetated ar~as, with thc remainder consisting of old field vegetation. Wooded buffers exist along a small portion of the site's p~-iphe.,'y. This documgnt analyzes th~ site s,~,t area resources incloai,~g topography, soils, waler, land use, zoning and ~xansportation ~n,t oth-'r available informalion. The sile has also bc~n inspected for anvironmental/plarming consixaints. Location and Site Overview The project site is located on the south side of Main Road, approximately 375' cast of Bay Avenue in Mattituck, Town of Southold, County of Suffolk. The subject property can be more particularly described as $CTM number 1000-122-03-06. The property hag approximately 134.15' of road fxontage along Main Road. The total site area is approximately 1.4 acres, with thc change of zone application involving only the southern portion, totaling roughly 0_69 acres. This area of the site does not contain any stractku'es, and m~inly consists of old field vegetation. with small area of pavement, uavcgctated areas, and small wooded buffers. The remainder, or FEB-14-2000 15:54 516 4~5 1257 P.03/06 ~reven KIBg C~ c of Zone App~caflo~ ~ Ma~ck ~F P~ I ~view NP&V ~9299 ~ not appe~ ~ be u~i~{Ted app~x~ately 160 feet offi~ w~s may r~q~ approv~ ~om j~sdiction up to 300 f~t ~m fi~ wetlY. ~s ~cw ~11 ~sc~s ~ proposed project ~d im potenti~ ~p~t on ~e 1~ re~es_ Provosed Proiect The applicant requests a change of zone from R-40 Rcsid~r.~ to B G-choral Business within the rear 140 feet of the parcel, or a total of approximately 0.69 a~res. As previously stated, the total sitc arca is approximately 1.4 acres, with thc majority of thc northcm portion of the site zoned B General Business and thc southern portion zoned R-40 Residan~e. Thc site contains three structures within thc B General Business zoned portion, and thc rernalnd~r of the site consists of small areas et' concrete and unvcgemted areas and is dominated by old field vegetation. Thc applicant has indicated that thc southern portion of the site has historically been utilized as overflow parking for a varicty of thc commcrciaYretail uses that have occupied the site. In total, 30,163 s.f. of the property would require a change of zone. At this time, no additional amenities arc proposed. The subject zone change site does not appear to contain ample parking to meet the needs of the commercial uses allowed on the north part of the site. The change of zone application will facilitate the continued use of the southern portion of the propen'y for parking. It should also 10c noted this portion of the site does not conform to the minimum lot size requirement within the R-40 Residence district. The project site is located m an area that contains a mix of residential and commercial developed land. The land use Jn the general area is predominantly rcsid-'ntial, although a mix of residential and commercial/office uses have frontage along Main Road. The site is currently developed commercially, and historically has been occupied by a variety of commercial and retail uses. The site is surrounded by both residential and commercial zoned developed properties, and also contains approximately 218' of fiontage on $olm's Road, a private right of way, to the south. Thc site docs not appear to be utilized at present, although the former parking use on site is obvious. Approval of a change of zone application would allow the en~roacahmant of business zoning into the residential zoning district. This review assumes that the proposed change of zone is a precursor to allow thc establishment of a parking area needed to meet thc needs o1: the existing commercial stn~tures. The applicant would require site plan review and approval and at that time the Planning Board would require the applicant to supplement and/or create wooded butTers along those site boundaries that abut residentially zoned parcels_ However, approval ora change of zone could encourage neighboring residentially zoned properties to apply for commercial zoning, thereby causing further encroachment into rcsidcnQal zoning districts. Thc proposed zone change is somewhat unique in that thc site is cleared and has historically been FEE-14-2000 15:55 516 425 1257 ?.04/06 Stereo IOn~ C; 'c of'Z~nc Applicition ~ ~ P~ I NP~V~2~ for p~g. ~e pmpos~ ~n~ o~g~ ~ be ~figat~ by prop~ ~ite dmi~ ~d m~t~ b~ed on in~d~ mvi~w. Thc site is zoncd "R-40" Rcsidcncc, which requ/rea a minimum lot size of 40,000 SF, or just slightly lcss than 1 acre. Therefu~e, the 0.69 acre sil~ docs not racet thc minimum rcquircd lot size. For usc comparison purposes, it is important to consider potevti,! use of the site under R- 40 zoning_ Maximum p~,,,,itted lot coverage within the "R40" zoning district is equivalent to 20% of the lot ama (6,032 SF). Under existing conditions, this area of the property does not contain structures. Thc required front yard, side yard, and rear yard dkncnsions are 60, 20/45, and 75 fee~ respectively. Residential development of thc property would require minimum lot area variances, in addition to either a fxont md/or rear yard variance, as the area in question is only roughly 140 feet in depth. B General Business is thc dominant zoning located on the south side of Main Road, for a depth of approximately 200 feet. Beyond this, R40 is dominant to the south, southeast, and southwest of the site, and R-80 is located farther south and cast. R-40 remains the dominant zoning to thc southwest. KO is dominant on the north side of Main Road across from the subject parcel, with R-40 dominant farther to the north. B General Business is also located on the north side of Main Road, and west of the project site. Land use in the general area is predominantly residential with commercial uses fxonting on Main Road and appears to reflect current zoning regulations. Traffic Generation The proposed use would be expected to increase traffic generation upon full establishment of the sitc as compared to existin~ conditions. The anticipated future expansion of a parking area as a rcsult of thc change of zone may bc expected to increasc the number of visitors to thc site. As a result of the parking expansion, it would be expected that the applicant would incorporate site improvcments, which would further result in attracting patrons to the existing commgrcial s~l~crurcs. A~ thc commercial use of the overall site is unknown at this timc, the traffic impacts can not be determined. However, it can be expected that the proposed change ofzonc and resulting parking expansion would generate ~rlditional traffic to thc area. Duc to thc location of thc sitc and consideration of area roadways, an increase in trip generation at thc site would not be expccl~[ to have a significant impact on the area roadways. However, it should bc noted that future usc trip generation rates may vary greatly dependent on commercial/retail u~es. The site access drive appears adcquatc and thc horizontal and vertical road curvature allows adequate site distance. It is important to note that the structm'cs that would generate this traffic already exist on thc commercial portion of the site. FEB-14-2000 15'-55 516 425 12~? P.05~06 St~v~n ICJJl~ C~ ,e of ~ne App~on ~ ~a~i~ck ~ Pn~ I ~vlew NP~V ~9299 ~c site is ~lafively fl~ ~ou~out, ~ all ~st~g slop~ be~n ~pwx~ately 0-10%. ~c pwpe~ does not con~n my si~ficmt ~o~ or g~lo~c~ f~a~s. ~e site ~nsists en~ely of Cut ~d Fill lind, g~tly sloping (~). ~s soil ~p~g ~ is ~e up of level m g~nfly slopi~ ae~ ~t ~ve been cut ~d filled for mn-f~ m~s ~amer, 197~. G~ne~ly, ~evere li~t~o~ ~sociated ~ cut md fill lind ~cl~es estabhshi~ ~d ~n~g ~ md l~capmg m~or f~g du~ to ~e ~t~a~on of ~e p~ent material_ ~e l~d ~e hm f~w, if ~y, li~mtious w uses ~ b~lding sites ~arner, 19~. The m~g~hy md soils on site do not appe~ m pre~t severe developmmt com~m. Water Resources Public water is supplied to the general ar~a by th,- Suffolk County Water Authority. although the $~te itself is not specifically connected. There is an 16 inch main along the no~dl side of Main Road, which extends to Far-tory Awmue (west of the sim); beyond which, the main extend~ towards the north. No additional main~ are located ia the immectiatc vicinity. The Laurel Lake Well Field & Pump Station is located on thc north side of the LIRR, just north of the Ma.in Road and Bray Avenue inter~ectinn and also has frontage on Sound Avenue_ The total quantity of water used by the site is unlcnowrl and again is d~ndent on future commercial/retail use of the site. Tho proposed change of zone application would not be expected to iacrea~e future water consumption on site, as it anticipated that future developm~t ia th.is area will consist of a parking lot expansion, It is not cxg~cted that the proposed project will have a sigrdfieant impact on water supply resources and in fact, would have less impact than residential site use which would utilize approximately 300 gallon~ per day. Thc elevation of groundwater beneath the subject site is estimat~l at approximately 3 fe~t above mean sea level (msl) according to the 1997 SCDHS water table map. The topographic elevation on site ranges from approximately 10 foot above msl, ba~ed on the USGS Topographic Map, Ms, tuck 7.5 Minurg Q,,=,~,aaglc. Therefore. the miniv~llllll d~th to groundwater is approximately 7 feet. The direction of groundwater flow is towards thc south. Az the site is currcntly dcvcloped, it is not expected that the proposed change of zone will require a sanitary system expansion. Howevcr, adequate leaching peele will be required following an increase in the impervious surfaces on sitc. This will bc considered during site plan review. The dclath to groundwater on site is not cxp~cted to havc significant constraints with regards to the expansion ora parking area. SUMMARY In conchmion, the proposed project appears to have m~nlrna] environmental cormtraint~_ The change of zone is anticipated to act as a pre,urger for the expansion of a perking area. As this area of the site has histor/cally been utilized as such, minima] impa~ts are expected. The site does not appear to contain significant environmental features that would limit the change of Zone application, provided adequate setbacks near the residential properties and tidal wetlands are ackieved. The change of zone would not be expected to significantly increase waste water generation, solid waste generation and/or water use. FEB-14-2000 15:56 SEeven King C~ 516 425 1259 P.06/06 of Zone Appllt'-auion ~ MaL'ti~uck EAF Part I Review NP&V #99299 Thc site has historically been uti~i~ad commercially, with thc southern portion of thc site utilizcd as au ovcdlow parking a~a. Cur~ntly, the site is not well mamtainad. Approval ora change of zone would allow the applicant to conslxuct additional parking, thcrcby allowing thc site to obtain the parking rcquircd under the ex~sting zoning on the remainder of the site. This in turn would be e~pccted to improve thc aesthetic qua[ky of thc site, though landscaping and site [mprovcmcnt to a permanent usc. Thc site is expected to increaae the nttmbcr of~xips entering and cxiting the site, howcvcr the change of zonc i~ not anticipated to gcn~rate significant additional traffic to the surrotmding areas or have a significant impact on area roadways. It is recommended that the Planning Board ensure proper drainage and landscaping for any proposed site improv~nents if this zone change is approved. The wetland boundary southwest of the site should bc dctcrmincd/vcfified by the NYSDEC. As the wetland boundamy is expected to lie a distance of approximately 160 feet from the property boundary, impacts to the wctlaud would bc expected to be minimal. /n addition, ii'the site lies above the 10 foot contour, or John's Road ia considered to be a road defined by Article 25, thc NYSDEC would bc cxpcctcd to issue a letter of non-jurisdiction. However, if d~crmincd otherwise, it is also rccommended that no activity occttr wi?bin a minimum of 100' of the wcfland and the NYSDEC be contactccl. Pa~ $ TDTRL P.06 GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSIST)dqT TO\X,q'4 ATTORNEY JEAN XV. COCHFLA2X/ Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold. New York 11971-0959 Telephone ,63D 765-1889 Fax 16311 765-1823 E-mail: townat torney,'t~ sour hold.org OFFICE OF THE TO~VN ATTORNEY TOWN OF SOUTHOLD PLANNING BOARD NllgMBE BENNIgTT ORLOWSKI, .IR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATH/MM, JR. RICHARD G. WARD RECEIVED NOV 9 1999 Soulhold Te,,,~n Clerk PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O Box 11.79 Southold, New York 11971. Fax (516] 765-3136 Telephone (516) 765-193~ TO: FROM: RE: Elizabeth Neville, Town Clerk Bennett Orlowski, Jr., Chairma~tt_ Change of Zone for Stephen King Main road, Mattituck SCTM# 1000-122-3-6 DATE: November 8, 1999 The Planning Board is in favor of this zone change from Low-Density Residential (R-40) to General Business (B). There is insufficient area and parking on the General Business portion of the property to support two uses in the existing two buildings on the property. With the zone change there would be sufficient area and parking for two uses. Because of the lack of parking, this property has remained unused and unsightly for many years. The Planning Board considers this zone change to be in the best interests of the Town. RECEIVED FEB 3 Soulhol4 Tr,~,n ~ · C JNTY OF SUT LK SUFFOLK COUNTY E~ECt.~VE December ], 1999 Town Clerk Town of Southold Applicant: Zoning Action: S.C.P.D. File No.: King, Smphen Change ofzone ~omResidential(R~40) to General Business(B). SD-99-7 Pursuant to the requirem, ents of Sections A 14-14 to 23 of the Suffolk County Administrative Code the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as eitker an approval or disapproval. Thc following warrants consideration: 1. Premises should b~ restricted for parking purposes only; 2. Premises should be developed jointly with adjoining lands to the north;; 3. All vehicular access to the prenfises should be through adjoining lands to the north; and 4. Appropriate buffer/rig and screening should be provided to adeqmately protect nearby residences. Very l~uly yours, Stephen M, Jones Director of plamung Sis ra! Ne Chief Planner GGN :cc TOTRL P.Di ATTORNEY-CLIENT CONFIDENTIAL COMMUNICATION To: Supervisor & Town Board Members From: Gregory F_ Yakaboski Marcy C. Wilson Date: 2/14/00 Re: King Rezoning Application The public hearing on the Local Law to rezone this particular piece of property is being held Tuesday. My recommendation is that the Town Board NOT vote on this application on Tuesday. SEQRA is not yet complete. SEQRA could be completed in time however, the prudent course of action is to not complete SEQRA until after the Public Hearing has been held. The current plan is to hold any vote until the next Town Board meeting. The necessary items for any rezoning are: 1) Comprehensive Planning- The proposed Rezoning "fits" within the comprehensive planning of the Town. [The Town has not yet received a detailed "planning analysis" ~om the Planning Department.] 2) Referral to Suffolk County Planning Commission- (In the File) 3) Referral to Town Planning Board- (Inthe File) 4) Public Hearing- set for Tuesday 5) SEQRA- Chick Voorhis's firm is conducting the Environmental Analysis. (Awaiting completion of Public Hearing) JI ./ TO: FROM: DATE: SUBJECT: MEMORANDUM SUPERVISOR JEAN W. COCHRAN AND THE SOUTHOLD TOWN BOARD GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY FEBRUARY 14, 2000 PROPOSED REZONING BY PETITIONER STEPHEN KING Please find attached the proposed local lawTor petitioner Stephen King to rezone SCTM# 1000-122-3-6 from (R-40) Residential Zoning District to the (B) General Business Zoning District. During the last work session, you received copies of the franchise resolutions regarding electric and gas service with LILCO (now LIPA). Pursuant to the resolution, the service provider must accept the granting of the franchise and the terms and conditions therein. Attached please find a copy of the acceptance for both the electric and gas franchises granted to LILCO. The acceptance of the electric franchise is dated September 2, 1971 and the acceptance of the gas franchise is date July 16, 1982. LOCAL LAW NO. - 2000 A Local Law in Relation to Amending the Zoning Code (including the Zoning Map) of the Town of Southold by changing the zone from (R-40) R-.40 Residential District to (B) General Business District. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Enactment SCTM #1000-122-3-6 is more fully described below. The parcel identified by SCTM #1000-122-3-6 is currently in the R-40 Residential Zoning District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the parcel identified by SCTM #1000-122-3-6 from the R-40 Residential District designation to the General Business (B) District designation. SCTM #1000-122-3-6 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as the rear 140 feet of SCTM#1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast corner of land now or formerly of Surer; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running thence along said right-of-way South 48 degrees 00 minutes West 218.00 feet to a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feet to a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM#1000-122-3-6 lying North of the described parcel. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during regular business hours. Any person desiring to be heard on the proposed amendment should appear, and has the right to appear, at the time and place above so specified. Any person also has the right to submit written comments to the Southold Town Clerk either prior to the public hearing or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK NELC~ON, POPE & VOORHIS, LLC December 22, 1999 Gregory F. Yakaboski, Esq. Office of the Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197l Change of Zone Review Proposal for Services 0.69 Acres Site, Main Rd., Mattituck SCTM No. 1000-122-3-6 Dear Mr. Yababoski: As discussed, this is a follow-up letter to identify the scope and cost of services in connection with the above referenced project. NP&V will peform the following services: 1. Fteld inspect subject property. 2. Consult office literature and map references pertaining to site and area. 3. Review Part [ Environmental Assessment Form submitted by applicant. 4. Prepare Part II EAF identifying potential issues and mitigation. 5. Provide environmental planning review letter summarizing findings, environmental/planning issues, potential impacts, constraints and mitigation. 6. Prepare recommended determination of significance. outlining The fee for these services is $600.00. The reviexv can be completed within approximately 4 weeks of date of authorization to proceed. Please reviewing this proposal and feel free lo contact me should you have any questions. WLi, DEC 2 7. TOWN OF SOOYk,. ~ D._~_.. P/File: 99-584 Respectfully submitted, eEChV D WILLIAM WIC:KHAM LAW OFFICES WlCKHAM, WlCKHAM & BRESSLER, P.C. ~0315 MAIN ROAD, P.O. BOX i,424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-B353 TELEFAX NO January 13, 2000 MELVILLE OFFICE 275 B~OAD HOLLOW ROAD SUITE III Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Re: SCTM# 1000-122-3-6 Mattituck, New York Gentlemen: We are the attorneys for Stephen King, who has an application pending before the Town Board of the Town of Southold to rezone a 31,000 square foot parcel at the rear of his property from R-40 Residential to B40.General Business. We understand the Town has retained you to conduct a SEQRA analysis on this application. We have forwarded a check in the sum of $600.00 to the Town of Southold to cover the cost of the analysis. We ask, however, that you give consideration to the amount of the fee in light of the fact that this is a very small vacant parcel whose use has, since the early 50's, been part of the use of the adjoining business zoned property. We would expect that the rezoning will have minimal environmental consequence. Although parking and other improvements may be up-graded in the future, there will not be a significant change in the current non-conforming property usage. To assist you in your analysis, the following historical information may be of assistance: The corrugated metal Quonset-type structure (large building on property) was constructed in the early 1950's as a movie theater. The parcel which is the subject of the rezoning and is located to the rear of this building was used for overflow parking. The building was subsequently converted to a retail and wholesale auto parts facility and the subject lot continued to be use for parking and storage. More recently the building was used for a bicycle shop with retail usage in the front and parking in the rear continuing. The building on thc west side was used, since the 70's, for various retail uses, with the rear lot also used for parking. TOV~'N ATTORNEY $ O: r.~.: Nelson, Pope & Voorhis, LLC January 13, 2000 Page - 2 - In summary, we believe this is a zone change which xvill permit usage which will not be significantly different than the continued and current usage of the property other than up-grading of site improvements. We request that you consider this in your review and in the fee. AAW/baw 30-Nelsonpop cc Southold Town Clerk Very truly yours, /Abigail A. Wickham LEGALNOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to seclion 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by lhe Town Board of the Town of Southold, al the Town Hall, 53095 Main Road, Southold, New York, at 5:00 P.M., Tuesday, February 15, 2000, on the proposal of Stephen King to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone i:rom (R-40) R-40 Residential District to (B) General Business District. Any persons desiring to be heard on lhe proposed amendment should appear at the time and place above so specified. The legal description oi: the aforesaid property is as follows: all that certain plot, piece or parcel o[ land, with the buildings and improvements Ihereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being al Southold, Town of Southold, County of Suffolk, and State of New York, known and designated ~s Ihe rear 140 feet of SCTM # 1000-122-3-6, beginning at an interior point distant the following t~o courses and distances from the monument on Ihe southerly side of Main Road and lhe easterly side of Bay Avenue: (1) Northeasterly along the southerly side o[ Main Road 375 feet to a monument at the northeast corner of land now or formerly o[ Surer; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds Easl 183.94 feet to a monumenl; running thence North 46 degrees 45 minutes East 14.64 feet Io a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of a 33' right-of-way; running [hence along said right-of-way South 48 degrees 00 minules Wes1218.00 feet Io a monument and land now or formerly of Palmer; running thence North 58 degrees 10 minutes West 145.93 feel Io a monument; thence North 51 degrees 41 minutes East 21.16 feet to the point or place of beginning. Being and intended to be contiguous to lhe remainder of SCTM # 1000-122-3-6 lying North of the described parcel. BY ORDER OF THE SOUTHOLD TOWN BOARD Dated: January 4, 2000 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON FEBRUARY 3, 2000 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Suffolk Times Town Board Members Town A/~torn ey Stephen King Abigail A. Wickham, Esq. Town Clerk Bulletin Board TO','Vi'~ ATTORNEY'S ,~." l'C~t,','.l OF SOU~'~' STATE OF NEW YORK SS: CQUNTy OF SUFFOLK " ELIZABETHA NEVILLE, TOWn Clerk I III °~the 26'~'''~th day°f_ Jan-- °f the Town of Southold Newv ...... :' pr,hied no,ice's a true co~v~,.~_a._~-~-~--~ 2000 she affixe.~ -"~'~. oe,ng duly SWorn, Says fha, .. --, ,,, u proper and SUbstantial rna,~..~- . '~ '~ no['~ce of which the annexed .,.'.,.' Sou,ho/d, Suffolk County, New YOrk, ~ '' ~ Jo wit: ..~., sn a most PUbhc Place in the Town of NOTICE OF PUBLIC HEARING ON p PROPOSAL OF STEPHE ROPOSAL TO AMEND Z NEW YORK .... ,.. N KING SCTM # 1000.12'~ .... ONING ORDINANCE AND , Sworn to before me this ~ day of~_~, 2000, Southold Town Clerk JOYcE M ViIILKIN ,v P,,uJ s GREGORY F. YAKABOSKI TOXVN ATTORNEY i~IARY C. 18~ILSON &SS[STANT TOWN ATTORNEY ,JE_~q' W. ¢OCHR.kN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone r631) 765-1889 Faxr631i765-t~23 E-mail: townattorne_v,,t sour laotd.or g OFFICE OF THE TOWN ATTORNEY T()V~qN OF SOUTHOLD MEMORANDUM TO: FROM: DA TE: SUBJECT: ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY~'/~-'~/(~C~~, MARY C. WILSON, ASSISTANT TOWN ATTORNEY /~ JANUARY 26, 2000 STEPHEN KING CHANGE OF ZONE Please forward a copy of the contents of your file regarding the above- referenced rnatfer to Chic Voorhis. He informed me yesterday that he has not received anything yet. GFY.'ck PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 4, 2000 8:00 P.M. ON THE PETITION OF STEPHEN KING FOR A CHANGE OF ZONE FROM RESIDENTIAL R-40 DISTRICT TO GENEILAL DISTRICT (B) DISTRICT, SCTM #1000- 122-3-6 Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Tmvn Attorney Gregory F. Yakaboski Absent: Councilman John M, Romanelli SUPERVISOR COCHRAN: Councilman Moore will read the public notice. COUNCILMAN MOORE: "Pursuant to Section 265 of the Town Laxv and requirements of the Code of the Town of Southnld, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 5:00 P.M., Tuesday, February 15, 2000, on the proposal of Stephen King to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from (R-40) R-40 Residential District to (B) General Business District. Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as folloxvs: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Tmvn of Southold, County of Suffolk, and State of New York, known and designated as the rear 140 feet of SCTM #1000-122-3-6, beginning at an interior point distant the following two courses and distances from the monument on the southerly side of Main Road and the easterly side of Bay Avenue: (1) Northeasterly along the southerly side of Main Road 375 feet to a monument at the northeast comer of land now or formerly of Surer; (2) thence South 27 degrees 45 minutes 40 seconds West 196.71 feet to a monument; from said point of beginning, running North 48 degrees 21 minutes 40 seconds East 183.94 feet to a monument; running thence North 46 degrees 45 minutes East 14.64 feet to a monument and land now or formerly of Lyons & Sheppard; running thence South 58 degrees 06 minutes 30 seconds East 143.60 feet to a monument at the northerly side of 33' right-of-way; rulming thence along said right-of-way South 48 degrees 00 minutes West 145.93 feet to a monument; thence North 5l degrees 41 minutes East 21.26 feet to the point or place of beginning. Being and intended to be contiguous to the remainder of SCTM # 1000-122-3-6 lying North of the described parcel. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit of publication in the official paper of the Town, an affidavit that it was published on the Town Clerk's Bulletin Board, a letter from the Town Planning Board stating that they are in favor of this proposed Zone change, setting forth their reasons why. That is it for correspondence. SUPERVISOR COCHRAN: You have heard the reading of the proposed zone change. At this time is there anyone that would like to speak in favor or against this change'? The applicant's attorney" ABIGAIL WICKHAM: Good evening. My name is Abigail Wickham. I am an attorney on behalf of the applicant. I understand that this hearing may be recessed in order to complete the notice, and the environnmntal review, and we would like to submit our comments on the hearing at that time. SUPERVISOR COCHRAN: Wonderful. Okay. Anyone else like to address the Board in relation to the zone change? (No response.) If not we will keep the hearing open. I believe it will be a month from now. When it comes back we will reconvene the hearing, but it will be noticed. Right, Greg? Anyone else like to talk in relation to this change of zone? That's it now. A month fi'om now if you would like to have input on the zone change. Southold Town Clerk DEC-22-1999 09:15 516 425 1259 P.O2x02' NEI. ION, POPE'& VOORHI=:, 1.1.13 December 22,.1.999 Gregory F. Yakaboski, Esq. Office of thc Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 ' '" Southolct, blew York. 11971 Cha~c ofZon~ R~view .ProPo~ for ServiCes 0.69' Acres Site, Main Rd., Matftuck ' SCTM NO. 1000-122-3-6 D~ar Mr. Yababoski: As discussed, this is a follow-up letter to iclm6.fy the scope and cost of s~rvices in connection with the above ref~rene.~d projmt. NP&V will peform the following services:. 1_ Field inspect Subject praperty, 2. Consult office literature and map references pertaining to site and 3. Rarity Part I Environm~tal A.~.~a~m~m Fo~hs submitl=d by applicant. 4. Pr=par= Part II EAF idemtifying po.t~ial is~,,,,s md'mil:i~afion. 5. Provi&. cnvironmcnta! plmmng' re~v lerer s, mmarizing, rmdi~, ~uviranment~l/plmming is.sues, potential impacts, ¢onslraints and mitiislion.. 6. Prepar~ r~ouu~d~d d~mmlmtion ofaii~ifiean¢~. ou~ining The tee for these services is $600.00.' The review c!n be cgmPlctcd within approximately 4 wcclcs of date of authorization to pmcccd. Please reviewing this proposal and feel free to 'contact mc should yOU have any questions, P/File: 99-584. · ReSP~cfful!y submitted, ~LLC 'C'~les J."Voorhis, CEt', AICP TOTAL P. 82 RESOLUTION DECEMBER 21. 1999 RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope, £ Voohris, LLC at a cost not to exceed $600.00 to conduct the SEQRA analysis on the Stephen King change of zone application. Scope of services to include determination of type of action, preparation of an environmental assessment and a finding of significance. PLANNING BOARD M~MBL_.~ BENNETT ORLOWSKI, JR. Chair~aan WILLIAM J. CREMERS K~NNETH L EDWARDS GEORGE RITCHIE LATH/u'VI, JR. RICHARD G. WARD RECEIVED NOV 9 1999 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 SouLhold, New York 11971 Fax (516) 765-~136 Telephone (516) 765-1938 TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Bennett Orlowski, Jr., Chairma~J~/~ Change of Zone for Stephen King Main road, Mattituck SCTM# 1000-122-3-6 November 8, 1999 The Planning Board is in favor of this zone change from Low-Density Residential (R-40) to General Business (B). There is insufficient area and parking on the General Business portion of the property to support two uses in the existing two buildings on the property. With the zone change there would be sufficient area and parking for two uses. Because of the lack of parking, this property has remained unused and unsightly for many years. The Planning Board considers this zone change to be in the best interests of the Town.