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Home My WebLink AboutTown Boards Motion Amend.#131HARVEY A. ARNOFT Town Attorney MATTHEW G. KIERNAN Assislanl Town AUomey OFFICE OF THE TOWN ATTORNEY TOWN OFSOUTBOLD MEMORANDUM SCO'I-f L. HARRIS Supervisor Town Hall, 53095 Main Road P.O Box 1179 Southold, New York 11971 FaA (516) 765-1823 Telephone (516) 765-1800 TO: Judith T. Terry, Town Clerk ~ FROM: Matthew G. Kiernan, Assistant Town Attorney DATE: November 10, 1993 RE: Warren M. Cannon, et al., v. Francis J. Murphy, et al. Pursuant to your request and after having discussed the matter at the November 9, 1993 Town [~oard meeting, enclosed please find a copy of the decision in the above-entitled matter. cc: Town Board SUPREM]E COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND DEPARTMENT WARREN M. CANNON and SUSAN C. CANNON, GARRETT DeGP~AFF and MARGARET DeGRAFF, DORIS BROWN and JOSEPH BROWN, STEPHAN KA-LAIJIAN and KATHRYN KALAIJIAN, PHILIPPE MAITREJEAN and HELEN MAITREJEAN, WALTER GATZ and MARILYN GATZ, WILLIAM A/~ATO and ARLENE AMATO, NANCY NICHOLAS, WILLIAM C. HEES and ROSE KOROLESKI, Petitioners-Respondents, for a Judgment Pursuan~ to Article 78 of the Civil Practice Law and Rules, -against- FP~ANCIS J. MURPHY, Supervisor, GEORGE L. PENNEY, IV, JEAN W. COCHRAN, RUTH D. OLIVA, ELLEN M. LARSEN and ~AYMOND W. EDWARDS, constituting the Town Board of the Town of Southold, Respondents-Appellants, -and- RICHARD T. CARR, Intervenor-Appellanu. SIRS : ORDER WITH NOTICE OF ENTRY Docket No. 90-09225 PLEASE TAKE NOTICE tha% the within is a true copy of a DECISION AND ORDER duly entered in the Office of the Clerk of the within named court on August 2, 1993. Dated: October 19, 1993 TWOMEY, LATHAM, SHEA & KELLEY Attorneys for Petitioners 33 West Second Street P.O. Box 398 Riverhead, New York 11901 (516) 727-2180 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND J LrDICIAL DEPAR~ AD2d ALBERT M. ROSENBLA'i l, J.P. JOHN COPERTI2NO VINCENT PIZZUTO DANIEL W. JOY, JJ. 9784u Z&u Argued - May 27, 1993 90-09225 In the Matter of Warren M. Cannon. et al., respondents, v Francis J. Murphy. er al., appel/ants, R/chard Carr, intervenor-appeLlant. DECISION & ORDER Harvey A. Amoff, Town Attorney, Southold, N.Y. (Matthew G. Kiernan of counsel), for appellants members of the Town Board of the Town of Sour. hold. Leon D. Lazer, Melville, N.Y- (Caroline Levy of counsel), for intervenor-appel/ant. Tworney, Latham. Shea & KeLley, Riverhead, N.Y. (Christopher KeLley and Lisa C. Kombrink of counsel), for respondents. In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Southold, dated April 11, 1989 which rezoned property known as the CarrflvVanat parcel to Low Residential Density "R-40", and action to declare the rezoning invalid, the appeal is from a judgment of the Supreme Court, SuffoLk County (Lama. J.), entered August 13, 1990, which, inter alia. annulled the determination and restored the subject property to/ts prior "Residential and Agricultural" designation. ORDERED that the judgment is af£m-ned, without costs or disbursements. The intervenor Richard Cart is the owner of a 28.147 acre parcel of property_ in the Town of Southold referred to as the "Norris Estate". In 1987 he applied to the Planning Board of the Town of Southold to construct [08 condominium units on the site. While that application was pending, Cart, as contract vendee, and Joseph A. Wanat, as owner, applied to the Town Board of the Towu of Southold for a change of zomng on a different parcel of property (hereinafter the CarrDVanat property). That property, wkich is the subject of the instant litigation, is a 107-acre parcel located in the Agricultural and Conservation disn-ict in the Town of Southold (see, Code of the Town of Southold § 100-30). Among other things, this zoning classification permits the construction of one residence per two acres Can: and Wanat sought to rezone the Carr/'Wa.nat property, which currently contains one single-family residence, to permit the construction of 107 sing/e-family residenna/units. August 2. 1993 Page i. MAi tLR OF CANNON v MURPHY Upon receipt of the rezonmg application, the Town Board declared itself the "lead agency" pursuant to the State Environmental Quality Review Act (hereinafter SEQRA), and prepared an environmental assessment form (hereinafter EAF) identifying several areas of potential si~cant environmental impacts, in a resolution dated February 26, 1988, it issued a "positive declaration" (6 N~'CRR 617.2[cc]) requiring the preparation of an environmental impact statement thereinafrer EIS). No EIS was ever prepared exclusively for the Carr/Wanat parcel. Instead a draft environmental impact statement (hereinafter DEIS) was prepared pertaining to Mr. Carr's construction proposal for the Noms Estate property. The Norris Estate DEIS allegedly contained a discussion of the environmental issues at the Cart/Waist property, and a copy was forxvarded to the Town Board. We note that no copy of the DEIS is contal.ned in the record before tiffs court nor was it placed in the record at the Supreme Court, Suffolk County. Thereafter, the Town Board issued a "negative declaration" as to the Carr/Wanat parcel, which provided that "the project has been determined not to have a significant effect on the environment based upon mitigation measures identified in the Draft Environmental Impact Statement". W;_th rcsFect to r.he rezoning application, however, both the Plmna,Ang Board of the Town of Southold and the Suffolk County Department of plarmmg advised the Town Board that the application should be den/ed. Among other t/tings, they asserted that it was not in keeping with the proposed master plan with regard to density, th'at it was inconsistent with the single-family residence pattern of zoning in the surrounding area. and it would tend to establish an undesirable precedent. On April. Il, 1989, Mr. Cart executed and delivered a covenant and restriction to the Town Board purporting to limit consn-uction on the Norris Estate parcel in exchange for a rezoning of the Carr/Wanat parcel. That paper purported to memorialize an agreement which provided as follows, "the Town Board [has] determined after due deliberation that the public health, safety and welfare of the Town * * * would be best served by the Wanat Property [being] rezoned to R40 * * * upon the condition that the undersigned covenant to restrict the number of residential units to be erected on the Norris Property". On that same day, the Town Board ~ssued a resolution rezon/ng the Carr/Wanat parcel to Low Density Residential The petitioners, who are property owners neighboring upon the Carr/Wanat parcel, asserted that the Town Board engaged in illegal contract and/or spot zonLng when it issued the zoning amendment. They further contended that tt violated SEQRA in issuing the negative declaration. We f-md that the Supreme Court properly annul/ed the zoning anaendment. In so ffmding, we are mindful of the well settled role that because zoning is a legislative act, zoning ordinances and amendments enjoy a strong presumption of legality, and the burden rests on the party attacking them to overcome that presumption beyond a reasonable doubt (see. Asian Ams. for EqualiO' ? Koch, 72 ~,Pt'2d 12!, 131; Matter of Town o2"Bedford v Village cf Mount Kisco, 33 NY2d 178, 187-88; Church v Town of lslip, 8 NY2d 254, 258; Taylor v Incorporated lql. of Head of the Harbor, 104 AD2d 642, 644-645). We find that the Town Board engaged in improper spot zoning. Spot zoning has been defined as the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area, for the benefit of the owner of such property and to the detriment of other owners (see, Rodgers v Village of Tar~town, 302 NY 115, 123). It is deemed to be the very antithesis of planned zoning. Although the size of a parcel is an important factor considered in determining whether the measure constitutes spot zoning, it is not the determinative factor (see, Anderson, New York Zoning Law and Practice § 5.04 [3d ed]; see also, 2 Ziegler, Rathkopf's The Law of Zoning and Planning § 28.01 [4th ed]). Indeed, there have been findings August 2. [993 Page 2. NLA.TI'ER OF CANNON v MURPHY of spot zoning of relatively large parcels of land (see, e g.. Matter of Augenbl:'ck t, Town qf Corrlandt. 104 AD2d 806. revd per 66 NY2d 775, on dissenting opinion ogLazer, J.P.). "iT]he real test tot spot zoning is whether the change is other than part of a well-considered and comprehensive plan calculated to serve the general welfare of the community" (Collard v Incorporated Vii. of Flower Hill, 52 N~r2d 594, 600). Significantly, here there is no evidence that the zoning resolution, wi'rich changed the use classLfication on the Cam/Wa.nat parcel, was enacted for the benefit of or with regard to the neighbors of the parcel or the community as a whole (cfi, Goodrich v Town of Southampton, 39 NY2d 1008, 1009; Century. Circuit v Orr, 65 Misc 2d 250, affd 37 AD2d 1044). Rather, there was a varie .ty of evidence tending to establish the negative impacts, the rezoning would have on the neighbors and the community at large. Apparently, the entire benefit of the rezoning inured ro the owner of the parcel in question. It does not appear that the Town Board exercised its power in accord with the comprehensive plan. We note that both the Planning Board of the Town of Southold and the Suffolk County Department of Planning opposed the rezonmg on the ground that it was inconsistent with the Town's land use plan_ Although comprehensive plans are not inflexible, there is no indication here that the Town Board "carefully studied, prepared and considered" the comprehensive plan in granting the an~endment (ca., Asian Ams. for Equali? ~' Koch, supra, at 132: Goodrich v Town of Southampton, supra, at 1009). Finally, we f'md that the Town Board failed to comply with SEQPok. Specifically, upon msuing its "negative declaration" (6 NYCRR 617.2[.v]), the Town Board failed to make a "reasoned elaboration" of the basis for its determination, and failed to demonstrate that it took a "hard look" at the relevant areas of environmental concern (see. Matter of Jackson v New York State Urban Dev. Col., 67 N~Y2d 400, 417). Among other things, the E,,%F for the rezonmg identified potential large impacts on water, threatened or endangered species, aesthetic resources, and transportation. Without explanation, the Town Board maintained that al/ such impacts had been suffic~endy mitigated by measures identified in the DEIS. Although the degree of detail included in a negative declaration will "obviously vary with the nature of the proposal" (Matter of Hat- Enters. v Town of Brookhaven, 74 NY2d 524, 530). the Town Board's negative declaration gave virtually no detail at all. In light of the wide variety of potential environmental effects identified in the EAF, the To'~m Board's conclusory negative declaration was insufficient. ROSENBLATT, .[.P., COPERTINO, PIZZLrFO and IOY, Il., concur. ENTER: Martin H. Brownstein Clerk August 2, 1993 Page 3. NLA t't gR OF CANNON v MLrRPITY J~DITH T. TERRY TOg"N CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box 1179 Southold, New York 11971 FAX (516'~ 765-t823 I'ELEPHONE (5t6) 765-18fll THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 2~I. 1989: WHEREAS, the 1985 Master Plan, as implemented, seeks to provide forR-40 (1 acre) zoning development at densities compatible with existing densities and environmental concerns, and a development proposal, known as the "Norris property", now the property of Richard Carr, emerged in recent years, seeking to implement a residential project at densities that may create adverse environmental impacts; and WHEREAS, SEQRA did not e×ist at the time of the Suffolk County Supreme Court decision in 1975, which upheld the Town's authority to maintain zoning at multi-family residential densities, with regard to the "Norris property", now the property of Richard Cart, and the Master Plan, as approved, did not implement the 1985 Master Plan Future Land Use Plan with regard to the Richard Carr property; and WHEREAS, a potentially significant adverse impact of HD zoning on the Richard Carr property furthers the proliferation of environmentally damaging uses along sensitive waterfronts, and HD zoning, in shallow ground water areas, may cause existing future wells to run dry, turn brackish or mar the bayfront; and WHEREAS, the Southold Town Board on their own motion by resolution dated July 5, 1989 deemed it in the public interest and in the promotion of health, safety, morals or general welfare of the Town of Southold that the property of Richard Carr at New Suffolk Avenue and Camp Mineola Road be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-40 District; and WHEREAS, the said proposal was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of October, 1989, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds it appropriate to implement, on their own motion, Low Density Residential R-40 District zoning in accordance with Chapter 100 of the Code of the Town of Southold, on the property of Richard Carr, to provide for a more transitional development between the adjacent R- 40 neighborhood(s) and the Hamlet of Mattituck; said property located at New Suffolk Avenue and Campt Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Ta× Map No. 1000-122- 5 4, and more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes O0 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now o r formerly of Reeve; thence along said land, NOrth 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING; and be it further RESOLVED that the final project approval for the aforesaid property shall comply with the provisions of Section I00-31A and to all findings under SEQRA. Judith T. Terry ~;~ Southold Town Clerk October 27. 1989 JUDITH T. TERRY 10 'P,q'/CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX t516) 765-1823 TELEPHONE t516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 2~1, 1989: WHEREAS, the 1989 Master Plan, as implemented, seeks to provide forR-40 (1 acre) zoning development at densities compatible with existing densities and environmental concerns, and a development proposal, known as the "Norris property", now the property of Richard Cart, emerged in recent years, seeking to implement a residential project at densities that may create adverse environmental impacts; and WHEREAS, SEQRA did not exist at the time of the Suffolk County Supreme Court decision in 1975, which upheld the Town's authority to maintain zoning at multi-family residential densities, with regard to the "Norris property", now the property of Richard Carr, and the Master Plan, as approved, did not implement the 1985 Master Plan Future Land Use Plan with regard to the Richard Carr property; and WHEREAS, a potentially significant adverse impact of HD zoning on the Richard Carr property furthers the proliferation of environmentally damaging uses along sensitive waterfronts, and HD zoning, in shallow ground water areas, may cause existing future wells to run dry, turn brackish or mar the bayfront; and WHEREAS, the Southold Town Board on their own motion by resolution dated July 5, 1989 deemed it in the public interest and in the promotion of health, safety, morals or general welfare of the Town of Southold that the property of Richard Carr at New Suffolk Avenue and Camp Mineola Road be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-40 District; and WHEREAS, the said proposal was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of October, 1989, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds it appropriate to implement, on their own motion, Low Density Residential R-40 District zoning in accordance with Chapter 100 of the Code of the Town of Southold, on the property of Richard Carr, to provide for a more transitional development between the adjacent R- 40 neighborhood(s) and the Hamlet of Mattituck; said property located at New Suffolk Avenue and Campt Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-122- 5-4, and more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degree~ 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now o r formerly of Reeve; thence along said land, NOrth 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances~ (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING; and be it further RESOLVED that the final project approval for the aforesaid property shall comply with the provisons of Section 100-31A and to all findings under SEQRA. O~tober 27. 1989 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OF PLANNING August 23, 1989 Town of Southold Town Clerk Applicant: Town of Southold Zoning Action: c/z HD to R-40 Location: SCTM #1000-122-5-4 S.C.P.D. File No.: SD-89-22 AU6 2 5 1989 Gentlemen: Pursuant to the requirements 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 Corm~ission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERAN~ ~4EMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW yORK ? 17~BIEI THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOt~EO BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 24, 1989: WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- Hamlet Density Low Density ing from ..(.1~.[~,).. I~j~l.~)~j~! .......... District to .~,~.~.i.~O.'fJ~.l...~.Z./~.{) ........... District the property described in said petition, and WHEREAS said Fetition was duly referred to the P'lanning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, o public hearing in relation to said petition having been duly held by the Town Board on the ..~l.~.t.t~ ........ day of ...... ~)(;~tlp~? ......................... , 19.1].9...., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petihon be, and it hereby is GRANTED. DATED: October 24, 1989. ~.~ JUDITH T. TERRY SOUTHOLD TOWN CLERK JUDITH T. TERRY TO~N CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box l 179 Southold, New York 11971 FAX(516) 765-1823 TELEPHONE (516) 765-1801 October 30, 1989 John J. Hart, Esq. Pelletreau & Pelletreau 20 Church Street - Box 110 Patchogue, New YOrk 11772 Dear Mr. Hart: Transmitted herewith is a certified resolution of the Southold Town Board, adopted on October 24, 1989, changing the zone on the Richard Carr property from HD to R-40. Also enclosed is a copy of the legal notice concerning same which will appear in the two local newspapers on November 2nd. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (2) LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 131 NOTICE IS HEREBY GIVEN that at a mceting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 24th day of October, 1989, the Town Board enacted the following amend- ment to the Town Zoning Code, entitled "Zoning Code of the Town of Southold~' together with the Zoning Map forming a part the~of, as follows, to wit: Amendment No. 131 mmends the Code of the Town of Southold by ctmnging from Hamlet D~nsity (HD) Residco- dential RM0 District. on thc Town Board's own motion, the pmlx'rty own~l by R/chard Can- (formerly Not'tis), situated at Mettituck, in the Town of Southold. County of Suffolk and State of New York, bound- ed and described ms follows: BEGINNING at a point on the easterly side of a twenty=five (25) foot right-of-way sometimes known as Reeve Avenue, dis- tance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; runnin_g thence along the easterly side of said right-of-way the following three (3) courses and distances: (I) South 16 degrees 7 minutes 00 seconds West 550.80 feet; (2) South 7 degrees 32 minutes 00 seconds ~i~st 519.$? feet; and (3) South 7 degrees 7 minutes 00 seconds West 667,65 feet to land now or formerly of thence along said land, North 86 degrees 47 minutes 40 seconds East 300,00 feet; thence South degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 de- grees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editol, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week roi ................... -/ .... weeks successivel,,, commencing on tile ...... ~ .... Swoln to before me this ~'~ da,, of Notary Public ~'.'~nAI~A A. SCHNEIDER ~,];.~,,, i'lltO I~: S,ate n[ Ne','l Ycr~ !' ,, ,, .- thence along said land the following four (4) courses and distances: (I) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degass 53 minutes 2~ seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (,l) North 76 de- grees 27 minutes 30 seconds West 312.78 f~et to the point or place of BEGINNING. DATED: October 2~, 1989. JUDITH T. TERRY · SOUTHOLD TOWN CLERK IX, 11/2/89 (46) NOTICE IS HEREBY GIVEN A~ .~ i me~ing of th~ Tow~ B~d of d. Tow~ of Somhold, ~y of October. 1989, ~e Town m~ to the Town Zonin[ ~ of ~e To~ of ~ o~ ~ R~ ~ (f~- ~ Town of Southold, County S~olk nnd State of New York, BEG~G at a ~t m~rly side ~ a t~nty-five ~ d~t~f-way s~cs s~therly side of New Suffolk Avm~ ~ ~e ~s~dy · e ~y s~ ~ s~d ~t~f-way · e foHow~g ~ O) ~s ~d d~t~ces: (1) So~ 16 degrees m~utes ~ seconds West 550.80 f~ (2) S~ 7 ~s ~ ~ W~t 519.57 f~c ~d (~) ~ 7 degas 7 minutes ~ sec- ~ West ~7.~ f~ ~ ~d ~ow ~en~ Sou~ 8 degas ~ds We~t 5~.~ f~ m ~d now or f~edy of N~; s~d land the followm~ two (2) cou~e~ ~d dis~nces: (1) No~ 7 ~g~s 31 m~s 10 ~ West 523 feet; (2) No~ 7 ~egrees 30 ~nd ~e foRow~g f~r 38 m~m~s ~0 ~s ~ 121.88 feec ~) No~ 77 degas 53 m~- ~es 20 s~ West ~70 f~ (3) No~ ~ de~ 45 m~ ~ s~- ~ds W~t 91.78 f~; ~ (4) No~ ~s~ of BEG~G. DATED: ~r~. 19~. ~ T, ~Y SO~O~ ~ ~83-1~ STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Patricia Heaney ofMaltituck, in said County, ~eJng duty sworn, says that he/she is Principal Cterk of THE SUFFOLK TIMES, a Weekty Newspaper, published at MatUtuck, in the Town o! Southold, County of Sui~!olk and State of New York, and that the Notice of which the annexed is a printed coPY, has been regularly published tn said Newspaper once each week I~or 1 weeks successively, commencing on the 2nd day o! Novembe r_~1989-- dayof ~ _19~ ........ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 30th day of October 19 89 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 Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Amendment to Town Code, Amend,;ent No. 131, Town Board's own motion - Richard Carr (formerly Norris) property, at Mattituck, from HD to R-40. >' (/~ " Judith T. Terry Southold Town Clerk Sworn to before me this 30th day of ~er_ 19.~.__. /- Notary ~ubli~ 7 ELIZABETH ANN NEVILLE Notary Public, Slme of New York No. $2-812~850, Suffolk Cou/*~, Term Expires October 31, 19..~/,,L LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 131 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 24th day of October, 1989, the Town Board enacted the the following amendment to the Town Zoning Code, entitled "Zoning Code of the Town of Southold", together with the Zoning Map forming a part thereof, as follows, to wit: Amendment No. 131 amends the Code of the Town of Southold by chang- ing from Hamlet Density (HD) Residential District to Low Density Residential R-q0 District, on the Town Board's own motion, the property owned by Richard Carr (formerly Norris), situated at Mattituck, in the Town of $outhold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.80 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land , North 06 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thenc~ along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degre&s 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. DATED: October 24, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Carr change of zone PLEASE PUBLISH ONCE, NOVEMBER 2, 1989, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members John J. Hart, Esq. for Richard Cart Town Clerk's Bulletin Board Roderick Van Tuyl, P.C. LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 131 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 24th day of October, 1989, the Town Board enacted the the following amendment to the Town Zoning Code, entitled "Zoning Code of the Town of Southold", together with the Zonin9 Map forming a part thereof, as follows, to wit: Amendment No. 131 amends the Code of the Town of Southold by chang- ing from Hamlet Density (HD) Residential District to Low Density Residential R-40 District, on the Town Board's own motion, the property owned by Richard Carr (formerly Norris), situated at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along tile eas[erly side of sa[d ~igh~.-of-way the following thrcc (3) courses and distancp~: (1) South 16 degrees 7 minutes 00 seconds West 550.80 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land , North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (I) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. DATED: October 24, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Carr change of zone PLEASE PUBLISH ONCE, NOVEMBER 2, 1989, AND FORWARD OldIE (1) AFFIDAVIT OF PUBLICATION TO JLIDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOI-D, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members John J. Hart, Esq. for Richard Carr Town Clerk's Bulletin Board - LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 13! NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 24th day of October, 1989, the Town Board enacted the the following amendment to the Town Zoning Code, entitled "Zoning Code of the Town of Southold", together with the Zoning Map forming a part thereof, as follows, to wit: Amendment No. 131 amends the Code of the Town of Southold by chang- ing from Hamlet Density (HDJ Residential District to Low Density Residential R-40 District, on the Town Board's own motion, the property owned by Richard Cart (formerly Norris), situated at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.80 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land , North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. DATED: October 24, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Carr change of zone PLEASE PUBLISH ONCE, NOVEMBER 2, 1989, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members John J. Hart, Esq. for Richard Carr Town Clerk's Bulletin Board PETERV 5NYDER JOHN J hART JOHN J. ROE. III FREDERIC L ATWOOD BRUCE T. WALLACE KEVIN A SEAMAN VANES~ M. SHEEBAN' BENJAMIN L HERZWEIG PELLETREAU & PELLETREAU ATTORNEYS AND COUNSEllORS At LAW 20 CHURCH STREET-SOX IlO PAtCHOGUE, NEW YO~K Ii 772 TEL. 5i6 447-8900 447-8925 October 6, 1989 OCT,1 9 1989 James A. Schondebare, Esq. P. O. Box 10lB Southold, New York 11971 RE: NORRIS PROPERTY Dear Jay: This is to advise you that it is my intent to appear before the Town Board on Tuesday next regarding the Norris rezoning. I will state that the matter is in litigation and that it would be prudent to withold a decision on the rezoning until the ligitation is concluded otherwise we will be forced to take an action against the Town which would be inconsistent with our position with regard to the Covenant. Sincerely yours. PF~LETREAU & PELLETREAU JJH:mw 1C/g0 PUBLIC HEARING SOUTHOLD TOWN BOARD October 10, 1989 8:00 P.M. IN THE MATTER ON A PROPOSAL TO AMEND ZONING CODE BY CHANGING FROM HAMLET DENSITY RESIDENTIAL DISTRICT TO LOW DENSITY RESIDENTIAL R-40 DISTRICT THE PROPERTY OWNED BY RICHARD CARR. Present: Absent: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Town Clerk Judith T. Terry Town Attorney James A. Schondebare Councilwoman Ellen M. Larsen (ill) SUPERVISOR MURPHY: This a public hearing is on a change of zone application. Councilman George Penny will do the offical reading. COUNCILMAN PENNY: "Legal Notice. Notice of hearing on proposal to amend Zoning Code and Map. Notice is hereby given pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 o'clock P.M., on the 10th day of October, 1989, on the proposal of the Southold Town Board to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing from Hamlet Density (HD) Residential District to Low Density Residential R-40 District the property owned by Richard Carr, situate at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, Suffolk County Tax Map No. 1000-122-5-4, more particularly bounded and described as follows: Beginning at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 mir~L;t~:s 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (I) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 Pg 2 - PH Carr change of zone minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. Dated: Setember 22, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication by The Traveler-Watchman, an affidavit of publication by The Suffolk Times, an affidavit of posting by the Town Clerk, that this has been posted on the Town's Bulletin Board for the required time. I have the following communications: "County of Suffolk, Department of Planning. Gentlemen: Pursuant to the requirements of Section A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been sumitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz, Director of Planning." From the Planning Board Office, Town of Southold. "Dear Mrs. Terry, The following action was taken by the Southold Town Planning Board on Monday, August 14, 1989. Resolved that the Southold Town Planning Board recommend to the Town Board that they approve the change of zone on the property owned by Richard Carr at New Suffolk Avenue and Camp Mineola Road, Mattituck, from Hamlet Density (HD) Residential District to Low Density Residential R-40 District. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr., Chairman." There are no further communications. SUPERVISOR MURPHY: Thank you, George. You've heard the official reading, and at this time, I would like to ask the attorney for the applicant, who owns the property to make a comment first. JOHN HART: Mr. Supervisor. Gentlemen. I'm John Hart, of the firm of Pelletreau & Pelletreau, 21st Street, Patchogue, New York. We are not the applicant. We represent the owners of the property, and we have been advised by the press, that there is litigation presently effecting this property, and which would have an impact upon the zoning, and we would ask that, the Town Board be iudicious, and it withhold any determination with respect to this application, which I gather has been brought on by some emotion, until the determination of the litigation, so it's not in any way to impact upon that litigation, or further any litigation, that might be neccessary by reason of the action of the Town Board. Thank you. SUPERVISOR MURPHY: Thank you, Jack. At this time, I'd like to ask anybody if they would like to speak in favor of this proposed change. JOSEPH ONUFRAK: Mr. Supervisor, and member of the Council, Esquire Schondebare. I'm Joseph Onufrak. I represent the community group, CANDO. As I'm sure you're all aware, that is the active committee against Norris downzoning organization, which is comprised of neighborhood groups, that border in the general vicinity and the larger lower Mattituck area, against the Carr property. I read the papers, that I believe Mr. Hart is referring to, with respect to litigation, and to the best of my knowledge, that litigation has not material impact with respect to the Carr property. I'm a little bit at a loss to the characterization, that any litigations were filed against this property. If that's not the case, I'd be happy to stand corrected. With that, I will be very brief. We have been over this issue. The issue of the zoning on this property of ad nauseam. I, and my predecessor, including Mr. Cuddy, was here for nearly twenty years. Evidentally, the Board is aware of the reasons why CANDO has supported a change of zoning. I would like to remind the Board, that the community group, CANDO, and other supporters of the zoning, have been prepared to acceptthe essentially one acre zoning in what has now been zoned two acre in the area. A series of compromises by this comminity group, and others in the town, have been able to work out a reasonable Pg 3 - PH Carr change of zone settlement for the Town, solving long standing health, welfare problems. We would hope that Mr r Carr would remember that whatever arrangements he has made in attempting to work out the zoning plan, also, affects compromises. In a sense, we've all made our beds, and we have to lie in them. CANDO is prepared to accept one acre zoning. We ask Mr. Carr to do so. There is very little good reasoning we can see, where he can not stand down now, and accept the conse- quences. He's signed covenants and restrictions, which provide for essentially for one acre development, and he for the zoning to go through. Thank you very much for your time. SUPERVISOR MI~RPHY: Thank you, Joe. Is there anyone else, who would like to speak? Charles? CHARLES CUODY: My name is Charles Cuddy. I live on Marratooka Lane, nearby the Norris property. I've addressed the Board before. I, again, address it and ask you to, please, confirm the prior votes of this Board, to, again, place that property in one acre zoning. I believe that it's worthwhile for a number of reasons, including traffic, environment, good planning and welfare of the community. So when it is appropriate to do so, I would again ask that you vote and confirm the prior vote. Thank you. SUPERVISOR MURPHY~ Thank you, Charles. Anyone else like to address the Town Board? (No response.) Anyone opposed to it? (No response.) Anyone, any comments at all? (No response.) Any Town Board members? (No response.) If not, I'll close the public hearing. ~'-~Judith T. Terry ~ Southold Town Clerk LEGAL N(~rlCE NOTICE OF ~ ~g~-A~JNG ON PROIN:)~d~L 10 ~ ~ ~E AND N~ICE IS HEREBY ~IV~ p~t m ~on of the ~ ~ ~d ~- m~ts of the C~e of the of ~ou~old, Suffolk ~ h2M ~ the ~ ~a~ the ~ of ~oM. ~omhold ~n H~. ~. ~uthold, N~ York, at 8~ o'cl~k P.~.. on tbe I~h day of ~obe& 1989, on th~ pmp~ of the ~u~hold Town B~d m ~end tbe ~ning C~c (~clu~ the ~ap) of ~ ~ of Southold, ~uf~lk County, N~ ~rk, c~g from H~ ~nsic) the pro~ ~ ~ ~ch~ C~. ~tua~ at N~.Suffolk A~ ~d ~p Minmla ~(~~A~ hue). Mat~uck, Suffolk Coun- ty ~ Map No. mo~ p~cu~ly bound~ ~d de~ ~ BEGI~NG at a point on · e ~ly side of a t~nty-five (2~ f~ ~t~f~y som~ thegn ~th I7 de~s minu~ ~ ~nds W~t 2~.51 f~t from the ~er fo~ the ~t~ion of the ~utber- ly s~e or N~ Suffolk A~nue ~d the ~t~ly aide of fi~t~f-~y; ~nning thence along the ~terly side of fi~t~f-~y the foH~ (3) ~s ~d ~n~s: (I) ~uth 16 ~g~ 7 minmes s~nds ~ 550.85 f~t; (2) South 7 ~ 32 ~ ~n& ~ 51957 ~ ~d (3) South 7 d~ 7 ~nu~ ~ ~t ~7,65 f~ m ~d now or fom~ly of th~ ~o~ ~d ~d. No~ 86 de~a 47 minut~ ~ ~onds de~s ffi m~u~a ~ ~conda ~t 98_19 f~t; th~ No~ de~s 34 m~ut~ ~ ~onds ~st 5~.ffi f~t ~ ~d now or fomerly of No~; ~m ~o~ ~d land the foll~n~ t~ (2) mu~s ~d ~: (1) No~ 7 deg~ 31 ~nu~ 10 roms West 523 f~; (2) No~h 7 d~ ~u~n~ 1195.61 ~, mo~ or less, to other l~d of Bruce A. Norris; COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WAICHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice o[ which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... ,~ .... weeks successively, commencing on the ........... -?f~ ~ ..... Sv,,orn 1o before me this .......... : .......... da5 of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qua'qied m ~uffolk Cou~l,~y COA/!I'ISSiOI1 Expires ~-/3 , /~o thence alon8 said land the folio~ four (4) c~u~-s and dislance~: (1) North 73 degxees 38 minings ~0 seconds West 12L88 feet; (2) North 77 deg~q~s 53 minu~s 20 s~.oncls West 96.70 fe~t; (3) North 77. degre~ 45 minu~s 30 s~conds West 91.78 feet_' and (4) North 76 de- 8re~s 27 minutes 30 seconds W~st 312_78 feet to the point or place of BEGINNING. Any I~rson desiring to be heaffi on thc proposed amend- in~nt ahould appear at the time and place above so specified. DATED: September 22, 1989 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX, 9/28/89 (5) LF~&L NOTIC~ NOTICE OF HEAeI~G ON i~OPO~L TO A~ ~ CODE AND ~P N~CE ~'H~EBY GIV~ ~n~t m ~m ~5 of ~e T~ ~w ~ ~ of ~ ~ · e To~ of Southold, Surfak C~nF, New Ye&, s ~; ~ w~ ~ h~d ~ ~ To~ ~ · e To~ of Sou~old, at ~e ~u~old T~ HaH, Ma~ R~d, ~ld, New Y~, at 8~ o'~ P.M., m ~e I~ d~y of O~, 1989, on ~e pr~al of ~ ~d To~ B~ m ~md ~ Map) ~ ~ To~ ~ Southold, ~ ~ mw Y~k, ~ ~mm~h Road (-1.o knov~ n Bmme Avmue). ~ ~, S~ i as f~s: ~y ~ ~ a t~ty-fiv~ ~) ~ W~t ~.51 f~ f~ ~ ~ ~dy ~of New ~ ~m~s= (I) ~ 16 deg~es 7 ~utes ~ s~s W~t South 7 deg~es 7 m~utes 00 ~d l~d, No~ 86 ~g~es 47 No~ S6 degas 34 m~utes 20 or fo~dy of N~; ~m~ s~d ~d ~e follow~g two (2) ~nes md dis~s: (1) N~ 7 5~ f~; (2) N~ 7 deg~es 30 ~u~s ~ s~ds East 1195.61 ~d ~e fo~g f~r (4) c~rses ~ ~s= (1) N~ 73 d~ 38 ~ sec~ds West ~.70 f~ (3) No~ 77 ~l~s 45 m~utes 30 ~ W~st 91 7~. f~t; md (4) No~ 76 ~g~s 27 ~n2s 30 STATE OF MEW YORK} )SS: COUNTY OF SUFFOLK} Patricia Heane¥ of Mattltuck. In said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Nowspuper, published at Mattltuel~ In tho Town o! Southold, County of Suffolk and State of New York, and that the Notice o! which the annexed is a printed copy, has been regutnfly published in said Newspaper once each week for 1 weeks successively, commencing on tho 28th day of STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 19th day of September 1~89 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 Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Public Hearing on proposal to amend Zoning Code and Zoning Map: Carr property (formerly Norris), Mattituck, 8:00 P.M., Tuesday, October 10, 1989, Southold Town Hall. Judith T. Terry ~/' Southold Town Clerk Sworn to before me this 19th day of Septemb, er 19 89 ~/'/ Notary Public JOYCE M. ~ Notar), Public. $lat~ M' New Y~rk No. 4962248, ~uffc~ Cou _l~tt~ Term E~)ire~ June 12. LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP NOTICE IS HEREBY GIVEN pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 o'clock P.M., on the 10th day of October, 1989, on the proposal of the Southold Town Board to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk, County, New York, by changing from Hamlet Density (HD) Residential District to Low Density Residential R-40 District the property owned by Richard Carr, situate at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, Suffolk County Tax Map No. 1000-122-5-4, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-~vay; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land, North 06 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence~ along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris thence along said land the following four (4) courses and distances'_ (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds ~¥est 312.78 feet to the point or place of BEGINNING. Page 2 - Carr Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: September 22, 1989. JUDITH T. TERRY $OUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, SEPTEMBER 28, 1989, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOI_D, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members John J. Hart, Esq. for Richard Carr Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP NOTICE IS HEREBY GIVEN pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 0:00 o'clock P.M., on the 10th day of October, 1989, on the proposal of the Southold Town Board to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk, County, New York, by changing from Hamlet Density (HD) Residential District to Low Density Residential R-40 District the property owned by Richard Carr, situate at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, Suffolk County Tax Map No. 1000-122-5-4, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses ~d cli~tanca$:~.jt~ South I~ degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the fbllowing two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. Page 2 - Cart Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: September 22, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, SEPTEMBER 28, 1989, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members John J. Hart, Esq. for Richard Carr Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP NOTICE IS HEREBY GIVEN pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, ,Main Road, Southold, New York, at 8:00 o'clock P.M., on the 10th day of October, 1989, on the proposal of the Southold Town Board to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk, County, New York, by changing from Hamlet Density (HD) Residential District to l-ow Density Residential R-40 District the property owned by Richard Carr, situate at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, Suffolk County Tax ~ap No, 1000-122-5-4, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three t3) courses and distances: (~) ~outh 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 809.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) N~rth 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. Page 2 - Carr Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: September 22, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PURLISH ONCE, ';:;FPTFMBER 28, 1989, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members John J, Hart, Esq. for Richard Cart Town Clerk's Bulletin Board JUDITH T. TERRY TOWN CLERK REGISTRAR O1- VITAL STAI'ISTIC$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX <$16) 765-1823 TELEPHONE ($16) 76f-1801 September 7, 1989 John J. Hart, Esq. Pelletreau & Pelletreau 20 Church Street - Box 110 Patchogue, New York 11772 Dear Mr. Hart: The Southold Town Board, at their regular meeting held on August 29, 1989, set 8:00 P.M., Tuesday, October 10, 1989, Southold Town Hall, for a public hearing on their motion to change the zone on the Richard Carr property (formerly Norris) at New Suffolk Avenue and Camp Mineola Road, Mattituck. A certified copy of the Board's resolution is enclosed. When I prepare the legal notice I will send you a copy. Very truly yours, Southold Town Clerk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box 1179 Southold, New York 11971 [:AX (516} 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 29, 1989: WHEREAS, the Town Board of the Town of Southold, on its own motion on July 5, 1989, deemed it in the public interest and in the promotion of the health, safety, morals or general welfare of the Town of Southold that certian premises at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-122-5-4, owned by Richard Carr, be rezoned from Hamlet density (HD) Residential District to Low Density Residential R-40 District; said property bounded and described as follows: All that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, Distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) 5outh 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (I) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of beginning; and WHEREAS, the Southold town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, October 10, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed change of zone, at which time any person desiring to be heard should appear at the time and place above so specified; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuant to the requirements of law. erry, outhol~'Town Clerk September 6, 1989 JUDITH T. TERRY 1OWN CLERK REGISTR~,R OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box 1179 Southold, New York 11971 FAXISI6) 768-1823 IELEPHONE (516~ 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 29, 1989: WHEREAS, the Town Board of the Town of Southold, on its own motion on July 5, 1989, deemed it in the public interest and in the promotion of the health, safety, morals or general welfare of the Town of Southold that certian premises at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-122-5-4, owned by Richard Carr, be rezoned from Hamlet density (HD) Residential District to Low Density Residential R-40 District; said property bounded and described as follows: All that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, Distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; thence along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (I) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (I) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of beginning; and WHEREAS, the Southold town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, October 10, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the aforesaid proposed change of zone, at which time any person desiring to be heard should appear at the time and place above so specified; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspapers pursuant to the requirements of law. J~~r~,~~~n Clerk September 6, ~I989 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-i823 TELEPHONE (5161 765-1801 Pursuant to Sections 1323 and 1332 bf the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X New Zoning Ordinance Amendment of Zoning Code Amendment of Zoning Map (Change of Zone) Location of affected land: property of Richard C. arr, at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck. Suffolk County Tax Map No.: I000-122-5-tl Within 500 feet of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. X The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. X Airport COMMENTS: Recommendation of the Southold Town Planning Board is attached hereto. Date: Auc. lust 15, 1989 Judith T. Terry ~ Southold Town Clerk Town Hall. 53095 Main Road P.O. Box 1179 Sourhold. New York 11971 TELEPHONE Judith Terry Town Clerk 5oathold, NY 11971 Dear Mrs. Terry: PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 15, AUIt % 5 1989 Richard Cart SCTM ~1000-122-5-4 The fo].lowing action was taken by the Southold Town Planning Board on Monday, August 14, 1989. RESOLVED that the Southold Town Plarming Board recomnend to the Town Board that they approve the change of zone on the property owned by Richard Carr at New Suffolk Avenue and Camp Mineola Road, Mattituck, from H~alet Density (HID) Residential D[s'trict to Low Density Residential R-40 District. 5f you have any questions, please do not hesitate to contact this office. Very truly yours, BENNET~ ORLOWSK, J~. CHAIRMAN jt JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516] 765-1801 July 13, 1989 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is a certified resolution of the Southold Town Board whereby they propose, on their own motion, to change the zone on the property owned by Richard Carr at New Suffolk Avenue and Camp Mineola R~ad, Mattituck, from Hamlet Density (HD) Residential District to Low Density Residential R-40 District. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit the same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachment cc: John J. Hart, Esq. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (5L6) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 5, 1989: WHEREAS, the Town Board deems it in the public interest and in the promotion of the health, safety, morals or general welfare of the Town of Southold that certain premises at New Suffolk Avenue and Camp Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000- 122-5 4, owned by Richard Carr, hereinafter more fully described, be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-40 District; NOW, THEREFORE, BE IT RESOLVED that the Zoning Code of the Town of Southold, including the Zoning Map forming a part thereof, be amended by the Town Board on its own motion by changing from Hamlet Density (HD) Residential District to Low Density Residential R-40 District, the following described premises: ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right of-way; RUNNING THENCE along the east- erly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.05 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; THENCE along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; THENCE South 8 degrees 00 minutes 20 seconds East 98.19 feet; THENCE North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; THENCE along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris, THENCE along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; [3) North 77 degees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. AND BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this Resolution to the Southold Town Planning Board and the Suffolk County Department of Planning all in accordance with the Code of the Town of Southold and the Suffolk County Charter. T.' T~ Southold Town Clerk July 10, 1989 ~DITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box 1179 Southold, New York 11971 FAX~5t6) 765 1823 TELEPHONE (5161 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 5, 1989: RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. Description of Action: Proposed change of zone, on the Town Board's own motion, on the parcel of land owned by Richard Carr, under tax map No. 1000-122-5-4, from Hamlet Density (HD) Residential District to Low Density Residential R-40 District. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned, inasmuch as the density allowed in the Hamlet Density (HD) Residential District is greater than the density allowed under the Low Density Residential R-40 District, therefore the change of zone will not have a detrimental effect on the environment, but rather will be an improvement thereon. udith T. Terry outhold Town Clerl~ July 10, 1989 PROJECT I.D. NUMBER I 617.21 I Appendix C Slate Environmenlal Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2 PROJECT NAME Change of Zone for Norris Town of 5outhold Property from HD to R-q0. 3. PROJECT LOCATION: Munlcloallly Town of Southold Cou.~v of Suffolk SEQR 4. PRECISE LOCATION (S[reel address and road Iniersecllons. promlnenl landmarks, etc, or rOvlde map} South of New Suffolk Avenue on the easterly side of I~eeve Avenue, also known as Camp Mineola Road. 5. iS PROPOSED ACTION: [] New [] Expansion [] Modlticatlonlallera[Ion 6. DESCRIBE PROJECT BRIEFLY: Rezone the Norris Property from HD Hamlet Density to 7. AMOUNT OF LAND AFFECTED: In/dally 28.147 acres Ullimalely acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIOr~S? [] Yes [] NO If No, aescr~be bt/ally g. WHAT IS PRESENT LAND USE IN VICHqlTY OF PROJECT? [] Residenhal [] Induslrlal [] Commerc,al [] Agr,cul[ure [] ParklForesllOpen s~3ace [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY [FEDERAL. STATE OR LOCAL)? [] Yes [] No It yes, lis[ agency[s) and perm/r/approvals 11. DOES ANY ASPECT OF THE ACT!ON HAVE A CURRENTLY VALID PERMIT DR APPROVAL? [] Yes [] NO If yes, Iisi agency name and permiUapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING pERMIT/APPROVAL-RE. QUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE name:~pervlsor, Town of Southold Da~: 7-13-89 I If the action is in the C'~"~stal Area, and you are a state agency, complele the. I Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSES,e'~ENT (To be completed by Agency) A. DOES ACTION ~XCEED ANY TYPE I TH/-, tOLD IN 6 NYCRR, PART 617.127 d yes, coordlnale [i~e rewew process arid use the FULL EAP. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If NO, a negallve cleclaralion may be supersedecl by anott]er involved agency, C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hant]wr~llen. It legibJel Cl. ExJsllng :~ir qualily, surface or groundwaler quaJil¥ or gui~rnll¥, noise levels, eXlSHng [rallJ¢ pallerllS, solid waste production or dJsposal~ polenlial tor erosion, oralnage or flooding problerns? Explain bnefl)': NO C2, Aeslhe[ic, agrJcullural, archaeological, historic, or other natural or cugural resources; or community or neigl~borrtood ¢haraclor? Explain brlelly: NO NO NO NO NO NO D iS THERE, OR JS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes, expJmn brielly PART IN--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) iNSTRUCTiONS: For each adverse eIlect identified above, deferrnme whether J[ is subslantial, large, irnponan[ or ofherwise signdicanL Each ettecl 3hould be assessed in connection wd~ its (a) setting (i.e. urban or rural); (bi probaDiJi[y of occurring; (C) durahon; (d) irreversibJlily; (el geographic scope; and (Ii magnHude. It necessary, add attachments or reference supporting malerials. Ensure [ha[ explanations contain su[ticien[ de/ail to show [hat all relevant adve,rs~e impacts have been identified and adequaleP,, addressed. [] Check this box it' you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF aha/or prepare a positive declaration. [] Check lhis box if you have determined, based on /he inf~rmalion and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Town Board of the Town of 5outhold Francis J. ~Mur h /~upervisor 2 JAMES A. SCHONDEBARE TOWN ATITORN [¥ ROBERT H. BERNTSSON ASSISTANT TOWN AT'~OR N E Y OFFICE OF THE TOWN AITORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: RE: Town Board James A. $chondebare. Town Attorne~ June 72, 1989 Norris Property I spoke to Mr. Hart, who originally opposed the proposed change of zone on the Norris property. His opposition to this was based on belief that the Covenants and Restrictions he forwarded to this office stated the specific number of units and were the Covenants and Restrictions that were signed. When he realized that this was not the case he admitted that there would be no adverse effects to his client if the zone is changed to R-40 since his client has already agreed to develop same in accordance with R-40. COUNCILMEN Raymond W. Edwards Jean W. Cochran George L. Penny IV Ruth D. Oliva Ellen M. Larsen COUNCILMEN TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1891 To: From: Date: Town Board Councilwoman Larsen~ May 9. 1989 Re: R-gO Zone -- Norris Property As discussed during the Carr/Wanat vote. I took the opportunity to draft a resolution for a change of zone on Norris. As you can see. this will require SEQ~A (neg. dec.). Are you ready to proceed? EML:rbw Attachment JAMES A. SCHONDEBARE ROBERT H_ BERNTSSON OFFICE OF THE TOWN AI'rORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE 1516) 765-1939 FAX NO. (516) 765-1823 TO: FROM: DATE: RE: Ellen Larsen, Councilwoman Robert H. Berntsson, Assistant Town Attorney April 18. 1989 Norris change of zone Attached is the typed version of the Resolution you drafted. Note, however, the whoi'e change of zone process would be required lie. SEQRA, County Planning Commission, eot.) before the zone could be changed. I have confirmed this with Jay. Feel free to discuss this with me. WHEREAS. the 1985 Master Plan. as implemented, seeks to provide for R-40 (1 acre) zoning development at densities compatible with existing densities and environmental concerns; and WHEREAS. a development proposal, known as the "Norris property". emerged in recent years, seeking to implement a residential project at densities that may create adverse environmental impacts; and WHEREAS, SEQRA did not exist at the time of the Suffolk County Supreme Court decision in )975, which upheld the Towns authority to maintain zoning at multi-family residential densities, with regard to the "Norris property"; and WHEREAS, the Master Plan. as approved, did not implement the 1985 Master Plan Future Land Use Plan. with regard to the "Norris property"; and WHEREAS, a potentially significant adverse impact of HD zoning on the "Norris property"~furthers the proliferation of environmentally damaging uses along sensitive waterfronts; and WHEREAS. HD zoning, in shallow ground water areas, may cause existing future wells to run dry, turn brackish or mar the bayfront; I~OW THEREFORE BE IT RESOLVED. that the Town Board of the Town of Southold. finds it appropriate to implement R-40 zoning in ~.ccordan~ with Chapter 100 of the Southold Town Zoning Code to provide for a more transitional development between the adjacent R-40 residential neighborhoodls) and the Hamlet of Mattituck; and BE IT FURTHER RESOLVED. that the final project approval for the "Norris property" comply with the provisions of §100-31A and to all findings under SEQRA. ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of- way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; RUNNING THENCE along the easterly side of said right-of way the following three (3) courses and distances: (I) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and ~3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; THENCE along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; THENCE South 8 degrees 00 minutes 20 seconds East 98.19 feet; THENCE North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; THENCE along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. norris; THENCE along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. LOCATION MAP SCALE: I" =600' JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box 1179 Southold, New York 11971 FA×i516) 765 1823 TELEPHONE (5[6) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION ~/AS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 2~,. 1989: WHEREAS, the 1985 Master Plan, as implemented, seeks to provide forR-40 (1 acre) zoning development at densities compatible with existing densities and environmental concerns, and a development proposal, known as the "Norris property", now the property of Richard Carr, emerged in recent years, seeking to implement a residential project at densities that may create adverse environmental impacts; and WHEREAS, SEQRA did not exist at the time of the Suffolk County Supreme Court decision in 1975, which upheld the Town's authority to maintain zoning at multi-family residential densities, with regard to the "Norris property", now the property of Richard Carr, and the Master Plan, as approved, did not implement the 1985 Master Plan Future Land Use Plan with regard to the Richard Carr property; and WHEREAS, a potentially significant adverse impact of HD zoning on the Richard Carr property furthers the proliferation of environmentally damaging uses along sensitive waterfronts, and HD zoning, in shallow ground water areas, may cause existing future wells to run dry, turn brackish or mar the bayfront; and WHEREAS, the Southold Town Board on their own motion by resolution dated July 5, 1988 deemed it in the public interest and in the promotion of health, safety, morals or general welfare of the Town of Southold that the property of Richard Carr at New Suffolk Avenue and Camp Mineola Road be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-q0 District; and WHEREAS, the said proposal was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of October, 1989, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds it appropriate to implement, on their own motion, Low Density Residential R-40 District zoning in accordance with Chapter 100 of the Code of the Town of Southold, on the property of Richard Carr, to provide for a more transitional development between the adjacent R- 40 neighborhood(s) and the Hamlet of Mattituck; said property located at New Suffolk Avenue and Campt Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-122- 5-4, and more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now o r formerly of Reeve; thence along said land, NOrth 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 6 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (I) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING; and be it further RESOLVED that the final project approval for the aforesaid property shall comply with the provisions of Section 100-31A and to all findings under SEQRA. Judith T. Terry Southold Town Clerk October 27, 1989 ALL that certain plot, piece or parcel of land, situate, lying and being in Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of- way sometimes known as Reeve Avenue, distant thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; RIJNNING THENCE along the easterly side of said right-of-way the following three (3) courses and distances~ (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now or formerly of Reeve; THENCE along said land, North 86 degrees 47 minutes 40 seconds East 300.00 feet; THENCE South 8 degrees 00 minutes 20 seconds East 98.19 feet; THENCE North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; THENCE along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. norris; 'I'HENCE along said land the following four (4) courses and distances: (1)North 73 degrees 38 minutes 30 seconds West 121.88 feet; North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3)North 77 degrees 45 minutes 30 seconds West 91.78 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING. JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX~516) 7654823 TELEPHONE (516) 765-1~01 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE 5OUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 2a., 1989: WHEREAS, the 1985 Master Plan, as implemented, seeks to provide forR-40 (1 acre) zoning development at densities compatible with existing densities and environmental concerns, and a development proposal, known as the "Norris property", now the property of Richard Carr, emerged in recent years, seeking to implement a residential project at densities that may create adverse environmental impacts; and WHEREAS, SEQRA did not exist at the time of the Suffolk County Supreme Court decision in 1975, which upheld the Town's authority to maintain zoning at multi-family residential densities, with regard to the "Norris property", now the property of Richard Carr, and the Master Plan, as approved, did not implement the 1985 Master Plan Future Land Use Plan with regard to the Richard Carr property; and WHEREAS, a potentially significant adverse impact of HD zoning on the Richard Carr property furthers the proliferation of environmentally damaging uses along sensitive waterfronts, and HD zoning, in shallow ground water areas, may cause existing future wells to run dry, turn brackish or mar the bayfront; and WHEREAS, the Southold Town Board on their own motion by resolution dated July 5, 1989 deemed it in the public interest and in the promotion of health, safety, morals or general welfare of the Town of Southold that the property of Richard Carr at New Suffolk Avenue and Camp Mineola Road be rezoned from Hamlet Density (HD) Residential District to Low Density Residential R-40 District; and WHEREAS, the said proposal was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 10th day of October, 1989, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds it appropriate to implement, on their own motion, Low Density Residential R-40 District zoning in accordance with Chapter 100 of the Code of the Town of Southold, on the property of Richard Carr, to provide for a more transitional development between the adjacent R- 40 neighborhood(s) and the Hamlet of Mattituck; said property located at New Suffolk Avenue and Campt Mineola Road (also known as Reeve Avenue), Mattituck, in the Town of Southold, Suffolk County, New York, Suffolk County Tax Map No. 1000-122- 5-4, and more particularly bounded and described as follows: BEGINNING at a point on the easterly side of a twenty-five (25) foot right-of-way sometimes known as Reeve Avenue, distance thereon South 17 degrees 41 minutes 20 seconds West 220.51 feet from the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of said right-of-way; running thence along the easterly side of said right-of-way the following three (3) courses and distances: (1) South 16 degrees 7 minutes 00 seconds West 550.85 feet; (2) South 7 degrees 32 minutes 00 seconds West 519.57 feet; and (3) South 7 degrees 7 minutes 00 seconds West 667.65 feet to land now o r formerly of Reeve; thence along said land, NOrth 86 degrees 47 minutes 40 seconds East 300.00 feet; thence South 8 degrees 00 minutes 20 seconds East 98.19 feet; thence North 86 degrees 34 minutes 20 seconds West 509.00 feet to land now or formerly of Norris; thence along said land the following two (2) courses and distances: (1) North 7 degrees 31 minutes 10 seconds West 523 feet; (2) North 7 degrees 30 minutes 20 seconds East 1195.61 feet, more or less, to other land of Bruce A. Norris; thence along said land the following four (4) courses and distances: (1) North 73 degrees 38 minutes 30 seconds West 121.88 feet; (2) North 77 degrees 53 minutes 20 seconds West 96.70 feet; (3) North 77 degrees 45 minutes 30 seconds West 91.70 feet; and (4) North 76 degrees 27 minutes 30 seconds West 312.78 feet to the point or place of BEGINNING: and be it further RESOLVED that the final project approval for the aforesaid property shall comply with the provisions of Section 100-31A and to all findings under SEQRA. Southold Town Clerk October 27. 1989