HomeMy WebLinkAboutJem Realty Co. Amend.#137LEGAL NOTICE
NOTICE OF AMENDMENT TO
SOUTHOLD TOWN CODE AND ZONING MAP
AMENDMENT NO. 137
NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the
of Southold, Suffolk County, New York, held on the 26th day of July,
1994, the Town Board enacted 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, 137 amends the Code of the Town of Southold by
changing, on the Town Board's own motion, the property of Jem Realty Co.
from Hamlet Density (HD) Residential District and Low Density Residential
R-40 District to Low Density Residential R-80 District. This property is
situate, lying and being at Greenport, Town of Southold, County of Suffolk
and State of New York, and more particularly bounded and described as
follows:
Beginning at a point on the northerly line of Main Road (also known
as North Road) at the southeasterly corner of land of Sinuta and the
southwesterly corner of the premises herein described, said point being
554.44 feet easterly from the easterly line of Sound Road; running thence
along said land of Sinuta No.26°56'20"W.-240.77 feet to land of Sledjeski;
thence along said land two courses: (1) N.30°58'00"W.-198.28 feet; thence
(2) S.66°00'30"W.-389.47 feet to land of Harrower; thence along said land
and along land of others two courses: (I) N.27°47'30"W.-548.67 feet;
thence (2) N.27°33'20"W.-1306.69 feet to Long Island sound; thence along
Long Island Sound four courses: (1) N.60°32'20"E.-356.27 feet; thence
(2) N.58°10'00"E.-386.0 feet; thence (3) No.66°10"00"E.-342.0 feet; thence
(4) N.79°13'30"E.-357.33 feet to land of L.B.V. Properties; thence along
said land four courses: (1) S.21°34'40"E.-410.0 feet; thence (2)
S.21°05'30"E.-982.87 feet; thence (3) S.76°30'30"W.-376.40 feet; thence (4)
S.30°16'3Q"E.-1085.53 feet to Main Road; thence along Main Road two
courses: (1) S.78°09'20"W.-329.4q feet; thence (2) S.75°15'00"W.-246:26
feet to the point of beginning.
DATED: July 26, 1994.
Containing 60.366 acres.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON AUGUST ~1, 19911, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
Roderick Van Tuyl, P.C.
LEGAL NOTICE
NOTICE O1: HEARING ON PROPOSAL
TO AMEND ZONING CODE AND MAP
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 8:25 P.M., Tuesday, June
28, 1994, on the Change of Zone on the Town Board's Own Motion from
Hamlet Density (HD) District to Low Density Residential R-80 District on
the property of Jem Realty Co., located on the north side of Route 25, 564
feet east of Sound Road, Greenport, New York, containing 62.3 acres,
Suffolk County Tax Map No. 1000-035-1-24.
Any person desiring to be heard on the proposed amendment should
appear at the time and place above so specified.
The legal description of the aforesaid property is as follows: Beginning
at a point on the northerly line of Main Road (also known as North Road)
at the southeasterly corner of land of Sinuta and the southwesterly corner
of the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound road; running thence along said land of Sinuta
N.26°56'20"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (1) N.30°58'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.47
feet to land of Harrower; thence along said land and along land of others
two courses: (1) N.27°47'30"W.-548.67 feet; thence (2) N.27°33'20"W.-
1306.69 feet to Long Island Sound; thence along Long Island Sound four
courses: N.60°32'20"E.-356.27 feet; thence (2) N.58°10'00"E.-386.0 feet;
thence (3) N.66°10'00"E.-342.0 feet; thence (4) N.79°13'30"E.-357.33 feet
to land of LBV Properties; thence along said land four courses: (1)
S.21°34'40"E.-410.0 feet; thence (2) S.21°05'30"E.-982.87 feet; thence (3)
S.76°30'30"W.-376.40 feet; thence (4) S.30°16'30"E.-1085.53 feet to Main
Road; thence along Main Road two courses: (1) S.78°09'20"W.-329.44 feet;
thence (2) S.75°15'00"W.-246.26 feet to the point of beginning.
Dated: May 31, 1994.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JUNE 16, 199q, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, SOUTHOLD TOWN CLERK, TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
NOTICE O~
. AMENDMENT TO
SOUTllOLD TOWN
CODE AND ZONING MAP
AMENDMENT NO. 137
' no~tm'ly flue o~ M~tt, M
es herein described s .... pee~h.
, .au point being
Sledjesl~; .... - £eel ~o land of
courses: (1) N.30o58.00. W
thence (2J S.66o00,30,.W..389.47
said land and alon~ land o~ orhe~ two
COUrses: (I) Sound four
329.44 £ee[; [he .
STATE OF NEW YC ')
) SS:
~o[ Mattituck, in
said County*. being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMES, a
Weekly Newspaper, published at Mattituck, in
the Town of Southuld, Cotmty of Sttffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, bna been
ly published in said Newspaper once each week
for J weeks successively, com,~enctn~ on
the ~ day o! .3~,u~II' 19
C~4RISTINA VOUNSKI
~ I~alic, Stets 04 New ~
Ousllfled il~
Comml~lon E
Principal Clerk
8worn t
day
LEGAL NOTICE
NOTICE OF
AMENDMENT 70
SOUTHOLD TOWN
CODE AND
ZONING MAP
AMENDMENT NO_ 137
NOTICE IS HEREBY
GIVEN that at a meeting of
the Town Board of the Town
of Southold, Suffolk Coun-
ty, New¥ork held on the 26£h
day of July, 1994, the Town
Board enacted the following
amendment to the Town
Zoning Code, entitled "Zon-
ing Code of the Town of
Southold;' together with the
Zoning Map forming a part
thereof, as follows, to wit:
Amendment No. 137
amends the Code of the
Town of Southold by chang-
ing on the Town Board's own
motion, the property of Jem
Realty Co. from Hamlet
Density (HD) Residential
District and Low Density
· Residential R-40 District to
Low Density Residential
R-gO District. This property
is situate, lying and being at
Greenport, Town of
Southold, County of Suffolk
and State of New York, and
more particularly bounded
and described as follows:
Beginning at a point on
the northerly line of Main
Road (also known as North
Road) at the southeasterly
corner of lamt of Sinuta and
the southwesterly corner of
the premises herein describ-
ed, said point being 554.44
feet easterly from the easter-
ly line of Sound Road; run-
ning thence along said land
of Sinuta No. 26°$6'20'' W.
240.77 feet to land of Sled-
jeski; thence along said land
two courses: (1) N. 30°58'00''
W. 198.28 feet; thence (2) S
66°00'30" W. 389.47 feet to
land of Harrower; thence
along said land and along
land of others two courses:
(1) N. 27°47'30'' W. 548.67
feet; thence (2) N. 27°33 '20"
W. 1306.69 feet to Long
Island Sound; thence along
Long Island Sound four
courses: (1) N. 60°32'20" E.
356.27 feet; thence (2)
N58°10'00# E. 386_0 feet;
thence (3) No. 66°10'00" E-
342.0 feet; thence (4)
N.79°I3'30"E. 357.33 feet to
land of L.B.V. Properties;
thence along said land four
courses: (1) S. 21°34'40" E.
410.0 feet; thence (2)
S21°05'30'' E. 982.87 feet;
thence (3) S. 76°30'30" W.
376.40 feet; thence (4) S.
30°16'30" E. 1085.53 feet to
Main Road; thence along
Main Road two courses: (I)
S. 78°09'20" W. 329.44 feet;
thence (2) S. 75°15'00'' W.
246.26 feet to the point of
beginning. Containing
60.366 acres.
DATED: July 26, 1994
JUDITH T- TERRY
SOUTHOLD TOWN
CLERK
1X-8/4/94(4)
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn,
says that she is the Editor, of the
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
Traveler-Watchman once each week
for
...................... ~ ....... weeks
successively, commencing on the
Sw~: to before me on this
.... /.v --~day of
Notary Public
BARB~R~ k SCHN£IDER
NOTARY PUBLIC, Stale of New York
No. 480~
Qualified in Suffolk Couflty
Commission Expires a°/3q~
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 29th day of July 1994,
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 No. 137 to the Southold Town Code and
Zoning Map - From Hamlet Density (ND) Residential District and Low
Density Residential R-40 District to Low Density Residential R-80 District
on the property of Jem Realty Co., SCTM#1000-035-1-24, north side Route
25, 564 feet east of Sound Road, Greenport.
Sworn to before me this
29th day of July
1994.
J' Jud|t~ T. Terry ~'~
$outhold Town Clerk
NotaFy Public'
UNDA J. GOOPER
No*~ry Public, State of New Yerk
N~. 4822S63, Suffolk County ~t /
ADD NEW NEGATIVE DECLARATION
FILE NErMBER: N1473800-00898
AGENCY: 473800
)FFICE or BOARD: Town Board
~ITLE:
Town of SOUTHOLD, SUFFOLK County
Town of SOUTHOLD, SUFFOLK County
ZoneChg-SCTM#1000-35-1-24
CLASS: T Unlisted
Type 1
09:53
Change of zone of 62.3 ac from Hamlet Density to Res.-80 loc.
N/S/O CR 48, 564' Sound Rd.
DATE RECEIVED:
Negative Declaration
07/19/94
~TATUS: N
Normal Void
Conditioned
Rescinded
11
Current Record
00
IMPORTA/~T >>
File Number:
N1-473800-00898
Use the above number in all
correspondence about this action!
To the Lead Agency:
The above information confirms that filings on the described
Negative Declaration were officially received by, and entered in the
SEQR Repository on the date(s) shown in the box headed DATE RECEIVED
above. The date and time in the second line show when this
document was printed. Please check the information above carefully.
For corrections or questions contact Charles Lockrow, (518)457-2224,
or write to:
SEQR Repository
NYSDEC Division of Regulatory Affairs
50 Wolf Road, Room 514
Albany, NY 12233
Town of SOUTHOLD
Town Board
53095 Main Road-P.O. Box
Southold, NY 11971
1179
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 1i971
Fax t516) 765-187,
Telephone (516) 7b5-11i01
SEQR
NEGA~ DECLARATION
Nofic~ of ~in~tinn ~ff Non-Si?ificanc~
~rmiaat~ o~ S~airr. am~
Town Boaxd
of the Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date: July 12, 1994
This notice is issued pursuant to .Part 617, of the implement/ag regulations pertaining
to Article 8 (State Environmental Quality Review) of thc Environmental Conservation Law.
The lead agency has determined that the proposed action described below will not
have a S/L'nifie~nt effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Action:
SEQR Status:
Proje~ Des~xiption:
SCTM Number:.
Location:
Change of Zone on Town Board's Own Motion
SCTM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenpon
Type I Action
The project which is the subject of thla Determination,
involves a the change of zone of 62.3 acres from 'Hamlet
Density~ to 'Residence-8ff'. The project site contnin~
freshwater wetlands and a mix of forested and old field
habitats. The site is also adjacent to Long Island Sound.
The proposed project is one of six (6) ch .aJ].ge of zones
being considered by the Town Boardat this time in the
same geographic area.
1000-35-1-24
The site consists of 62.3 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
'HD' Ch~n_o~ Og Zone
SEQR l~ete~flanflan
unincorporated ~on of
~e To~ ~d ~ re~e~n~ thig proj~ s~~ly
~ ~e fo~o~ apportion:
~n~ Of 7ane ~ TO~ ~d's ~ M~
S~ 1~1
s/s ~ ~ more than 1~ C/O ~s~l t~-e, Or~
~O~A ~Z on T~ ~d's ~ M~on
s/s ~ ~ ~ f~ w/o M~c's t ~. Gr~n~
Pro~ ~Z on To~ ~d's ~ M~on
S~ 1~1-~
n/s CR ~ ~9 f~ c/o ~d R~ Gr~n~
Pro~ ~Z on T~ ~d's ~ M~on
S~ 1~10.5
c/s ~11 ~nc, Gr~n~
~o~ ~Z on To~ ~d's ~ M~on
S~ 1~1
s/s ~ ~ ~5 f~ e/o C~I t~.~, Gr~n~
Rea~onn Supporting This Determination:
This detenninagon is ~sued in full cons/derat/on of the criteria for determinntion of
SlgflJfic~nce
covtnined in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I nnd I~ and the following specific reasons:
(0
TI~ subject ,-1~.~ of ZOning does not --"e_cd any of the criteria for &,termini,,g ,{.m,{lScanc~ of an nc/ion
that wo~d W~-fnnt ~ pl~[~rat~on of a Draft F_.J~. c'onvr, rse~y, ~ m~on will mlnimDA potential
enviromnenlal im.~,~ tht. reby provi,li%~ suppo~ for issuance of a Negative
~:mmrMion; and ~ wn~te gen~ w~l aim be reduced. Ac~m-dino'ly, th~- mlbje4::t change of .,'ming is
e~p,-~d to re. du~ the impact of rim d~velopment with regard to thr.~ im~,-t ate~ a~ compared to
Th~ proFo~.d z~i.g is ~ ~ ~ u~ and ZOnin~ of ~,lll'fOIllldin_v ~ and will therefore not
cause a ~i~ifirn.t impact. As a result, the propa~d ehnn? of zOning vail have a beneficial impact upon
(4)
Condd~ration ha~ been given to the. review of th~ propa~.exl ~ ehan_o¢ conduced by a conca,ltant to
Town Board, which conclude~ the following with re.g~d to tha si~ in tzmc~lr, ration of,mi,lue sit~
re~ource~ ~ ~ndin~m: ~e~ that any d~vciopme, nt on this site ~ have environmental impact~.
~ il~ impge~ioll iii that I~z~nln~ tO 'R-80' re. rdde.~Jal dill provid~ n ~i~o~i~,-ant illcre4k~4[ measure
Page 2 og3
SEQR Determlm~on
o~ Wotm:fion for the environmeat tkan the 'HD' zo,,i,~ now provide, z.
The subject site c~*~i,~, ,,,,iqtm re~oorces, and appr,~i-~At¢ly 67 percenl ~ ~ ~ ~r~
~ ~ta~ ~ ~dAifi~ ~ ~ ~ntial ~ ~ ~ ~ pr~ more ~ ~d ~
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town of Southold
Address:
Phone No.:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(516) 765-1800
Copies of this Notice Sent to:
Commi~sioner-Depaztment of Environmental Conservation, 50 Woff Road, Albany, NY
12231
Regional Office-New York State the Depaa tment of Environmental Conservation, SUNY @
Stony Brook, Stony Brook, NY
Suffolk County Depa~ tment of Health Services
Suffolk County Department of Plannin9 Commission
NYS Legislative Commission on Water Resource Needs of Long Island
Southold Town Plannin!~I Board
Southolcl Town Board of Appeals
Southold Town Buildin9 Department
Village of Greenport
Southold Town Clerk's Bulletin Board
Jem Realty Co., c/o Kontokosta, ti3 West 5q Street, New York, N.Y. I0019
Pl~le 3 o/3
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARR~G E OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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 1516) 765 1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 12, 199q:
WHEREAS, the Town Board of the Town of Southold has consistently noticed the SEQR
status of this project as a Type I action, and due to a clerical error the notice of
determination adopted May 31, 1994 erroneously stated that the SEQR status of this
project was Unlisted when it should have stated Type I; now, therefore, be it
RESOLVED that the Town Board resolution of May 31, 1994 is hereby rescinded and
this notice is reissued pursuant to Part 617 of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review) of the Environmental Conservation
Law. The Town Board of the Town of Southold has determined that the proposed
action described below will not have a significant effect on the environemnt and that
a Draft Environmental Impact Statement need not be prepared.
'l~tle of Action-'
SEQR Status:
Project Description:
SCTM Number:.
Loeation:
Property of: Jem Realty Co.
Change of Zone on Town Board's Own Motion
SC'FM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road. Greenport
Type I Act/on
Theproject which is the subject of this Determination,
involves a the change of zone of 62~ acres from 'Hamlet
Demity' to "Residence-80". The project site contains
freshwater wetlands and a mix of forested and old field
habitats. The rite is also adjacent to Long Island Sound.
The proposed project is one of six (6) ch.ar.~, e of zones
being considered by the Town Boardat this t/me in the
same geographic area.
1000-35-1-24
The site consists of 62.3 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
unincorporated portion of Greenport.
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
sign~cance contnlno, d in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and H. and the following specific reasons:
(1)
The subject change of zoning'dOe; not e.~,~l any of the criteria for cletermJuing ~ignificanc~ of an action
that would wanant tim preparation of a Draft ~lg. Conversely. the action will minimiTt~ potential
an~ril'OOlIlo, ntal imp~.~ th~r~ provMing support for issuanc~ of a Negative Dorlarntlon.
The propose41 zoning is conni~te41t with land u~ and zoning of surrolmding ]ands, and will thorefore not
cau.s~ a ~;~i6~.t impact. As a re. suit, th~ proposed ~l~.ge of zoning wi~ hnVC a belleficial impact upon
land use in thc area of the site_
Considermlofl has be4m givan to tim review of tim proposed zon~ ~c conducted by a con~ultaflr to
the Towu B~ard, which condudc,s tim following with rcgm-d to tim ac in consideration of unique site
resource.~ ~ fi.,li.~ sugge~ ~ any developmant on this rd~ will have enviroumanlal im.natlt~.
Our initi. I imprcsaion is ~h.t rezoniag to 'R-80' r~dcl~ntial will provkle a mi~m~ifi~ant in~'e..41t~:[ measu~
of prote.,c6on for tim. enviromnant than th~ "I-ID' 7nnlng BOW prO~dt-_c
C. on~deratian has bean given to a phnning decumcat prepared by the Sonthoid planning Staff entitled,
"Re~,m o[ Ham~t Dear~y Z4mi~ in ~uzhold Tomn - Repon to the To~n Board" dated Febranry1994.
This r~port enn'qn"l"s tim following with rc~ard to t~ ~t~ in co~de,~on of an~ue ~e resour~
Th~ subje4:t site c~nta;n~ uniqtm re. source, s, and appro~ma~..ly 67 percent of the site is cousidered
me. adow/brl~&la~d and the remaining 33 perce.~ of th,- ~ i,: forcst~L Tim site is ~ situated on Loag
Island Stored_ Tiw, proposed rhange of zoning will ~ impact UpOIl tho Loilg lc]and Sound and ifs
,,~:n,-;ated bluff~ as wdl as th~ upland resources by redu~ng the poWntla! laad use dansity adjacent
~ habitat: In addition, thc lower potential land usc density will provide more Re.~dble land use
options to m~,~m;~,~ setbacks and e. mare preservation of unique wildlife hahitnt areas.
July 13. 199q
CRAMER, VOORHIS & ASSOCIATES, INC.
Environmental 8, Planning Consultants
54 N. Country Road Suite 2
MILLER PLACE, NEW YORK 11764
(516) 331-1455
TO Town of Southold
p.O. Box 1179
$outhold, NY 11971
July 6, 1994
Judith Terry, Town Clerk
;~C~iVED
HD Change of Zone;
SEQR Determination ~'.,~'_ ',~ l~'~'~
5outhold Town CJerJ~
WE ARE SENDING YOU :~ Attached [] Under separate cover via
the following items:
[] Shop drawings [] Prints [] Plans [~ Samples
[] Specifications
[] Copy of lelter [] Change order [] Not ice
1 7/12/94 SEQR Negative Declaration for parcels 1, 2, 4, 5, 7 and 8.
(corrected copy)
THESE ARE TRANSMI'I-I'ED as checked below:
[] For approval
][~For your use
:~CAs requested
REMARKS
[] For review and comment
[] FOR BIDS DUE
[] Approved as submitted
[] Approved as noted
[] Returned for corrections
[] Resubmit
[] Submit
[] Return
copies for approval
copies for distribution
corrected prints
19__
[] PRINTS RETURNED AFTER LOAN TO US
Any questions, please call.
COPYTO SIGNED: Thomas W. Cramer, ASLA
SEQR
NEGATIVE DECLARATION
Notice of Dc, tc~min~tion of Non-S'~nificance
~.tci'm~n~don of $i~niFicanc~
Town Board
of the Town of Southold
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date: July 12, 1994
This notice is issued pursuant to Part 617, of the implementing regulations pertaining
to Article 8 (State Environmental Q~mlio] Review) of the Environmental Conservation Law.
The lead agency has determined that the proposed action described below will not
have a significant effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Aetiom
SEQR Status:
Project Description-'
SCTM Numbe~.
Location:
Change of Zone on Town Board's Own Motion
Parcel #8, SCTM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
Type I Action
Theproject which is the subject of this Determination,
involves a the change of zone of 62.3 ac~es from ~I-I~tmlet
Density' to "Residence-80~. The project site contnln~
freshwater wetlands and a mix of forested and old field
habitat& The site is also adjacent to Long l~land Sound.
The proposed project is one of six (6) change of zones
being considered by the Town Boardat thi~ time in the
same geographic area_
1000-35-1-24
The site consists of 623 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
Commellt$:
'IID' Clum~ ot Zone; l)an:M #8
SEQR Del~lnn~lon
-nincorporated portion of Greenport.
The Town Board is reviewing this project Siml~ltan~ously
with the following applications:
Ch:~nge of Zone on Towa Board's Own Motion
Parcel #1, SCTM# 1000-40-3-1
s/s CR 48. more than 1000' C/O Chapel l -~n¢. Grecnport
Proposed COZ on Town Board's Own Motion
Parcel #2, SCIM~ 10(]0-40-4-1
s/s CR 48, 400 fee~ w/o Moore's Lane, Grcenport
Proposed COZ on Town Board's Own Motion
Parcel #4, SC.TM# 1000-35-1-25
n/s CR 48, 1,139 feet e/o Sound Road, Grccnport
Proposed COZ on Town Board's Own Motion
Parcel #5, SCI'M# 1000-45-2-10.3
c/s Chapel Lane, Grceaport
Proposed COZ on Town Board's Own Motion
Parcel #7, SCTM# 1000-45-2-1
s/s CR 48, 8~5 feet ¢/o Chapel Lane, Grecnport
Reason~ Supportin~ This Determination:
This determination is issued in full consideration of the criteria for determination of
si~iflcance covt~inccl in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and II, and the following specific reasons:
(0
Th~ propos~ project will red,r,- *h,- pot~ntia~ d~vdopme, nt density on the subject site. As a result,
density de. rived impa~ incJ,,,lin~ waLe. r us~; saztitary waste vnh,m¢; disturbance of land;
gene, ral~ am:l solid w~gte gonoralion will also be reduced. A~ordingly, tl~ nubject chan~
~ to reduce the impact of site development ~ regard to these impaa areas, as compared to
(~J~Tcnt ?nnin~
Th~ proposed zoning is con.~cnt with land use ami zouix~ of surrou~aing lan&, ami will therefore not
cause a 58nificant impaq. As a result, tl~ proposed ,'h~,n~ of ,nning will have a benefi~al impact upon
land usc in thc arc. a of the dtc.
Considorati~n bes been given to thc review of thc proposal zone ,'hnngc conducted by a co~s,,Itant to
the Town Board, which concludes thc followin~ wiLh rcgurd to/J]e site, in condduralion of unique sRe
re~o~r~ ~ findin~m~ &liggC~ that a~y developme, m on this site will haw onvironment~l impacts.
Our initial impression is that re. zoning to "R-80" residential will provi~ a ~;gni~-~n* increased measure
Pa~ 2 of 3
· HD' Change of Zone; Parcel
SEQR De~mim*flon
of protection for th~ environment fhnn the 'HD' Zoning nOW provides.
Comld~ration has been given to a planning do~,momt prepared by thc Southold planning Staff entiflexi,
"P.,e~oe of Hamlet Denzity Zoning in $outhold To~.,n - Report to the To~n Board" dated February 1994_
This report concludes the following with regard to the ~ in ~n,=ide. raiton of unique site re..sources:
(6)
The subject site contain~ unique r~source, s, and approx~natcly 67 percent of the site is considered
mg4giow/bo:~hland and th~ rcmainin~ ~ percent of ~ ~itc i~ fore~c~ Thc ~i~ i~ alr.~ ~1.~ on Long
l~land Solaad. ~ proposeat chan~e of Zonin~ will minlmiTe impact upon th~ Long Igl~nd ~ound and
;Lg,~egJ b~!lff~, as well as [~ upland resource~ by re. during the potentinl land use density adjacent
~ habltat~ In additioR, th~ lowel' potential land use density will provide more flextie land
options to m~imiTe setbacks and ensure pre~rvmlon of unique wildlife habitat areas.
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town of Southold
Address:
Phone No.:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(516) 765-1800
Copies of this Notice Sent to:
Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY
12231
Regional Office-New York State the Department of Environmental Conservation, SUNY @
Stony Brook, Stony Brook, NY
Suffolk County Department of Health Services
Page 3 of 3
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JUNE 28,1994
9:58 P.M.
IN THE MATTER OF A CHANGE OF ZONE ON THE TOWN BOARD'S OWN
MOTION FROM HAMLET DENSITY (HD) DISTRICT TO LOW DENSITY
RESIDENTIAL R-80 DISTRICT ON THE PROPERTY OF JEM REALTY CO.
Present:
Supervisor Thomas H- Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WlCKHAM: I'll like to proceed to the last public hearing of the
evening.
COUNCILMAN TOWNSEND: "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
8:25 P.M., Tuesday, June 28, 199~, on the Change of Zone on the Town
Board's Own Motion from Hamlet Density (HD) District to Low Density
Residential R-80 District on the property of Jem Realty Co., located on
the north side of Route 25, 56~ feet east of Sound Road, Greenport, New
York, containing 62.3 acres, Suffolk County Tax Map No. 1000-035-1-2L[.
Any person desiring to be heard on the proposed amendment should appear
at the time and place above so specified. The legal description of the
aforesaid property is as follows: Beginning at a point on the northerly line
of Main Road (also known as North Road) at the southeasterly corner of land
of Sinuta and the southwesterly corner of the premises herein described,
said point being 55~-~ feet easterly from the easterly line of Sound Road;
running thence along said land of Sinuta N.26°56'20"W.-2~0_77 feet to land
of Sledjes ki; thence along said land two courses: (1) No.30°
58'00"W.-198.28 feet; thence S,66°00;30"W.-389.L[7 feet to land of Harrower;
thence along said land and along land of others two courses: (1) N.27°
~7'30"W.-5~8.67 feet; thence (2) N-27°33'20"W--1306.69 feet to Long Island
Sound; thence along Long Island Sound four courses: N.60°32'20"E.-356.27
feet; thence (2) N-58°10'00"E.-386.0 feet; thence (3) N.66° 10'00"E.-3~2.0
feet; thence (4) N-79° 13'30"E--357-33 feet to land of LBV Properties;
Pg.2 - Change of zone- Jem Realty Co.
thence along said land four courses: (1) S.21°3~'40"-410.0 feet; thence (2)
S.21° 05'30"E.-982.87 feet; thence (3) S.76°30'30"W--376.~,0 feet; thence
5.30° 16'30"E.-1085.53 feet to Main Road; thence along Main Road two
courses: (1) S.78°09'20"W.-329-4~ feet' thence (2) S.75°15;00"W.-2L~5.26 feet
to the point of beginning. Dated: May 31, 1994. Judith T. Terry, Southold
Town Clerk." I have notice that it was published in The Suffolk Times, The
Traveler-Watchman, and posted on the Town Bulletin Board. There is a
notice from the Southold Town Planning Board indicating in favor of
proposed change of zone. At its June 2U, th meeting, the Planning Board
adopted the following report: The Planning Board endorses the
townspeople's vision for their Town, which calls for individually distinct
or discrete hamlets separated from each other by open or farmed
countryside, and which calls for the equitable distribution of affordable
housing density throughout the Town- The Planning Board also recognizes
that achieving this vision will require the careful consideration of the
land use with and adjacent to it's hamlet centers; that the Town's Zoning
Map should reflect the intent of the community's vision; and that the Town
must weigh the community's interest in its collective future against the
private interest of individual property owners in the use of their land.
The Planning Board recognizes that the proposed rezoning of these
properties will not deny these property owners the right or capacity to
develope their land; that the proposed zone of R-80 is the base zoning of
the Town and is by no means the most restrictive zoning categorization in
Southold. The Planning Board endorses the report: "Review of Hamlet
Density Zoning in Southold Town: Report to the Town Board", and its
recommendation that the zones of these six properties be changed from
Hamlet Density to a lower density such as R-80. Sincerely, Richard G.
Ward, Chairman. There is, also, a notice from the County Planning Board,
stating it's a matter of our determination. Pursuant to the requirements of
Section A lq-14 to 23 of the Suffolk County Administrative Code, the above
referenced application which has been submitted to the Suffolk County
Planning Commission is considered to be a matter for local determination. A
decision of local determination should not be construed as either an
approval or disapproval. Very truly yours, Stephen M. Jones, Director of
Planning_ That's it.
SUPERVISOR WICKHAM: Are there people in the audience, who would like
to address the Board in regard to the matter of the proposed change of zone
for the property of Jem Realty?
GERALD WALZ: Gerald Walz, again. This is one of the largest pieces
of property involved. It's next to Brecknock Hall. What you're doing,
again, is create another hamlet on the borders of Greenport. It's also
environmentally sensitive, also, on the bluffs. The basic zoning as to what
you want to do to these two huge pieces of property just on the edge of
water, amd it violates the Master Plan. It's certain outside the hamlet.
You can't walk to it. The average person can't walk from the center of
town. It's a mistake putting it there, and it can corrected or will be
corrected, or it won't be. That's essentially the point I want to make at
this time. Thank you very much.
SUPERVISOR WICKHAM: Thank you. Is there anyone else who would like
to address the Board regarding the Jem Realty proposal?
Pg.3 - Change of zone- Jem kealty Co.
RICHARD ISRAEL: My name is Richard Israel. I am not for, or against the
Jems Commons thing, but just in retrospect, since this is he last public
hearing in reference to the hamlet density, I just urge the Board don~t do
things haphazardly. As developers, you have taken me through doing
positive declarations. The North Fork Environmental Council has come up
and said that each one of these is environmentally sensitive. Do your
homework. Do your studies. Do it the right way. The jest of everyone is
saying, these are not proper. They don't go with the Master Plan. The
Master Plan that is enforce in the Town of Southold today has designated
these things as hamlet density. If you want to change them, do your work,
save the taxpayers money of defending the suits, that are going to come
across to you by the Wolowitzes, and the Mohrings, and everything else.
If you do your studies right do the way you force us to do them, and come
up with a positive reaction that you're looking for, we can save the
taxpayers a lot of money. We save a lot of time and effort, and you can
move on with the planning of Southold. Everyone is going to play by the
rules. Make the rules, that people understand them. Don't take a person's
rights away just because you woke up one day, and decided something is
wrong here. Show us how it's wrong. Show us how you're going to fix it,
so that we can move on. Okay? I mean, everybody get up here, and says
taxes, schools, this, that. Our tax base is going to grow no matter what
we do. We're taking land off the tax rolls to preserve what we want here.
We're essentially paying a premium to do that. If that's what the true
people, who want to live in Southold want, and they're going to pay the
price, which they will, let everybody understand_ Let's do it the right
way, so this thing doesn't last for a decade- Okay? If you want to change
zones, if you want to create new Master Plan, do it, but don~t start
individually attacking each and every zone, and the way that these five
public hearings were set up. Do it over the entire town. You've spent a
lot of time and money on the U.K. Study. There's a whole new fresh
outlook in this town. Put it to the use the right way. Let's not go
through eight more years like we did with the original Master Plan of
fighting back and forth. Let your professional planners decide what should
be done with this town. Do not divert yourself from that course due to
political what ever. Get it done the right way. Let's all live in unity.
Thank you.
SUPERVISOR WICKHAM: Thank you, Mr. Israel.
like to address the Board?
Anyone else who would
ANDREAS MARKAKIS: Andreas Markakis, again. I would like to
add my voice to Mr. Israel, not in taking sides, but in a very important
issue called having to face legal expenses. As a taxpayer, me and our
association, resist this. We don't want to see our tax dollars being spent
on defenseless cases. Please, consider this. Thank you.
SUPERVISOR WICKHAM: Thank you. Yes, sir?
F. M. FLYNN: I'm F. M. Flynn, again. I would just like to comment
on Mr. Israel's statement to the effect that this should be left to the
province of professional planners. I would suggest that the impartial
professional planners retained by the Town was RPPW, and I would
suggest that you check their original version of a zoning for that area
Pg.~ - Change of zone- Jem Realty Co_
before the Town Board interpret it, RPPW's plan to their own
advantage. Thank you.
SUPERVISOR WICKHAM: It's been a long evening. We've heard from lots of
people. It' been educational for the Board. Is there anyone else who has a
closing comment they'd like to make? (No response.) If not, I'd like to
declare the hearing closed, and allow everybody to go home.
Southold Town Clerk
JUDITH T. TERRY
TOWN CLERK
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax 1516} 765-1823
Telephone (5161 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 26, 1994:
WHEREAS, the Town Board of the Town of Southold, upon examination and discussion
of a report entitled, "Review of Hamlet Density Zoning in the Town of 5outhold", dated
February, 1994, concluded that Hamlet Density zoning of the Jem Realty Co. property
located on the north side of Route 25, 564 feet east of Sound Road, Greenport,
SCTM#1000-035-1-24, is not appropriate, and detailed their reasons in their reasons in
their resolution of April 5, 1994; and
WHEREAS, based on their findings of April 5, 1994, the Town Board resolved to change
the zone on their on motion on the Jem Realty Co. property from Hamlet Density (HD)
Residential District and Low Density Residential R-40 District to Low Density Residential
R-80 District; and
WHEREAS, the proposed change of zone was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for official recommendations and
reports; and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on
the 28th day of June, 1994, at which time all interested persons were given an oppor-
tunity to be heard; now, therefore, be it
RESOLYED that the Town Board of the Town of Southold, on their own motion, hereby
changes the zone on the property of Jem Realty Co. from Hamlet Density (HD)
Residential District and Low Density Residential R-40 District to Low Density Residential
R-80 District.
The legal description of the aforesaid property is as follows: Beginning
at a point on the northerly line of Main Road (also known as North Road)
at the southeasterly corner of land of Sinuta and the southwesterly corner
of the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound road; running thence along said land of Sinuta
N.26°56'20"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (1) N.30°58'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.47
feet to land of Harrower; thence along said land and along land of others
twe courses: (1) N.27°47'30"W.-548.67 feet; thence (2) N.27°33'20"W,-
1306.69 feet to Long Island Sound;
courses: N.60°32'20"E.-356.27 feet;
thence (3) N.66°10'00"E.-342.0 feet;
to land of LBV Properties; thence
S.21°34'40"E.-410.0 feet; thence (2)
thence along Long Island Sound four
thence (2) N,58°10'00"E.-386.0 feet;
thence (4) N,79°13'30"E.-357.33 feet
along said land four courses: (1)
S.21°05'30"E.-982.87 feet; thence (3)
S.76°30'30"W.-376.40 feet; thence (4) S.30°16'30"E.-1085.53 feet to Main
Road; thence along Main Road two courses: (1) S.78°09w20"W.-329.44 feet;
thence (2) S.75~15'00"W.-246.26 feet to the point of beginning.
Contains 62.3 acres.
Judith T. Terry
Southold Town Clerk
July 27. 199~
To: Zouthold Town ~]oard
r'rol~~: r. [.~, ~lynn
Re: Remarks ConcerninF, Froposed Rezoning I~ Parcels at If.
rate: ,rune 2a, i994
Creenport
Tnasmuch as the public hearings this evening involve the proposed
rezoning of six parcels, my remarks, although applicable to
this parcel, must also be broader in scope. Since the board, in
regulating zoning, must consider the future of the to%m and
the welfare of all its residents, logical, rational zoning
decisions cannot be made without consideration of the concentrated
and cumulative effects of the present HI7 zoning on the welfare
and future character of the freater Greenport area.
The tow board is well aware of it, but for the record and for
those in the audience who may not be aware, all torres in ?ew
York State must, by law, have a comprehensive plan. This
requirement and the precepts for its formulation are incorporated
in the New York State Enabling Act for Town Zoning and recited
in Sections 261, 262, 263 and 265 of Town Law.
Section 261 empowers the town board to regulate and restrict
zonin& for the general welfare of the community.
~ection 262 permits the to~rn board to divide the town into
districts best suited to carry out the purposes of the act.
Section 263 states regulations must be in accordance with a
comprehensive plan,which promotes the general welfare. Such
regulations shall be made considering the characteristics of,
the district and its peculiarasuitability for particular uses.
Section 265 permits the town board to amend and repeal zoning
by ordinance.
Case law provides ample precedents that zoning decisions are
not to be made on a piecemeal, or lot-by-lot, basis. Further,
zoning is To be based on appropriate land usage, not on
ownership or occupancy.
Based on the above considerations, it is obviously the duty
of the board to arrive at zonin~ decisions on an objective
basis, absent any emotional or political considerations.
Che present Hr zonin~ of most of these parcels represents a
carryin~ over of similar uses permitted by the previous zoning.
particularly e~regious exception was the rezoning of the
Jems Commons parcel by the previous admJnistration in Lecember
of 199~ as a derisive pa.r~in~ shot at the incoming board.
i!Sth the ez'ception of the Jems Commons
rezoned, upon the o%~ers' applications.
use to more intensive uses, notably multi-family. These
took place over the period 1958 - 1983.
It is obvious that there - :DL~I a comprehensive plan for the
area, but that these rezonin~s took place on a piecemeal,lo-by-lot
basis and for the benefit of individual owners. The present
~ zonings, as a continuation of theses precedents, is the very
antitheses of planned zoning.
narcel, the others were
£ro~one-family residential
rezonings
The present zoning pattern in the West Greenport area is the
result of a. form of internecine warfare conducted against the
greater Greenport area by previous town administrations. The
town pursued a pattern of locating every type of intensive use.
unwanted elsewhere, on the perimeter of the Village of Greenport.
The bias of the town against the village is further illustrated
by the fact that in the case of the hamlets, HD zoning is
restricted to radii of from one-quarter to one-half mile from
the hamlet centers, in the case of Greenport it is permitted
within~ne-ha.lf mile of the village's borders. The i~The result
is to permit construction one and one-half miles from the
village center and far beyond reasonable walking distance.
(2)
All of this clearly violates the hamlet concept on which the
Master Plan is based.
Ostensibly, but speciously, the previous'boards justified their
zonine decisions based upon the purported availability of
potable water and sanitary sewer capacity.Obviously, no consid-
eration] was given to the fact that the development of these
parcels would overwhelm the village's capacity to provide such
services, let alone to also serve the strip - zoned commercial
and industrial zoning lining both sides of ~a. in Road in the area.
S~ch intensive development would also place additional demands
on the East-West Fire District and The Police Department and
require additional capital expenditure for infrastructure.
Greenport's school taxes are already the highest in the ~o~;
for ezsmple, they are over twice those in the abuttin~ East
~farion-Orient School District. The prospect of increased school
taxes would prove disastrous to the already overburdened
Greenport district.
Analysis of available data results in some shocking conclusions
as to the ma]i_~Tnant effects of the current HD zonin~ on the
future of the greater Greenport area and gives the lie to any
pretense of the equitable distribution of hamlet zoning.
The total }L~ zoning in Southold is approximately 356 acres.
Southold has ten hamlets and one incorporated village. West
Greenport fits neither description, yet an incredible 81~ of
all of Southold's HD zoning is located there.
Southold has approzimately 315 acres of vacant HI3 zoning of
which 269 acres, or 85~, is in the unincorporated area
at Greenport.
Basing yield projections upon the Zoning Code and prior approvals
~ethe Planning Bomrd, development of the vacant HD parcels in
Greenport area.~alon%would produce approximately ??0 dwelling
units. Calculated on a conservative average occupancy of three
persons per unit. the increase in the area's population would
be 2310 persons.
The impact of such an aggregate increase in population can best
be visualized by comparison with 1990 population statistics.
The estimated population of West Greenport was 1614 and thmt
of the incorporated village 2070. The increase in West Greenport's
population would be 143%, or mpproxima, tely two and one-half times.
The projected increase in population would also be the equivalent
of more than doubling the then population of the Incorporated
Z'flla~ of Creenport.
mespJte the [~aster Plan's purported adoption o£ hamlet zoning,
and despite the aforementioned fact that the Town of Southold
encompasses 10 hamlets and an incorporated village, this
inequitable distribution of hamlet zoning results in some 30%,
or approximately one-third, of the town's future population
being concentrated in the Greenport area.
Has this bosrd given any consideration to the effect this
localized densification of population in an area already having
a surfeit of affordable sale mnd rental properties would have
on real estate values in the area?
It is generally accepted that residences occupied on a year-round
basis demand more in the way of services than the real estate
tax revenues they generate will support. This gives rise to a
discussion of school taxes. The school taxes in the Greenport
School District have reached critical proportions and have
already hsd a depressing effect on real estate values in the area.
The development of these HD parcels in the Greenport area would
result in a population increase of approximately 63%. The present
(4)
Greenport school enrollment is 570. B propo, grtionate increase in
students would result in an enrollment of 930 students, or an
increse of 3E0 students. However. it must be factored in that
the present population of the school district is of a relatively
mature age. If, as might reasonably be expected, the o~ers
or tenants of these H~ parcels were of a younger age bracket,
the school enrollment could well double in size. I question
whether the previous boards, responsible for this unwarrented
population density, ever considered the probable effects on
the school district.
It is; my understanding that a previous poll of the board indicated
four members favoring the rezoning of these parcels, one member
adamantly and obdurately opposed, and one member indicating at
least a martial ambivalence toward the proposed rezonings
by endorsin~v the rezoning of 63 acres of the total.
I submit this would have a minor, even miniscule impact of the
HD zonings en the Greenport area. The overall effects would be:
Of the then total 293 acres of HD zoning in
or ?Ed, would be concentrated at Greenport.
82~ of the total remaining hq) acreage
be in the Greenport area.
the to%~n 229 acres,
in Southold would still
The projected number of dwelling units would be reduced to 662.
The projected population increse would be reduced to 1986 , or
a decrease of 1~. However, ~his would still represent an
increase of one and one-quarter times the 1990 population
of West Greenport and would be the equivalent of almost twice
the village's 1990 population.
In closing, I would urge the two members of the board to reconsider
their expressed opposistion to the rezonings in light of the
(5)
foregoing analysis. Either of you can prevent the devastating
impact ~f the continuation of the present zoning will have on
the future of Greenport ares. and the welfare of its residents.
The decision - and the responsibility rest with you.
(6)
Z;IDEX ¢:
PJ ]~$T FOR J1J~ICIAL !N-~ER%rENTIOh
SUPRE~ (~4~v~H~ COURT, SUFFOLK cOUNTY
JEM REALTY
PETITIONER:
CO.
For Cler~' Only
IA$ ENTRY DATE
JUDGE ASSIGNED
R J t DATE
~E~IX~XKK: RESPONDENT:
THE TOWN BOARD OF THE TOWN OF SOUTHOLD
Daue issue ]oined: ~i!l of paniculate served (Y/N):
NATURE OF JUDICIAL INTERVENTION (check ONE ~ox only and enter information)
[ ] Request for preliminary conference
[ ] Note of :ssue and/or ce~ificate of readiness
[ ] Notice of motion (return date ) Relief sought
[ ] Order to ~how cause (clerk ester return date
Relief sought
[ ] Other ex parts applicatios (specify
IX) Nonice of petition (return da~e 7/22/94 ) Relief sought certiorari
[ ] Notice of medical or dental malprac=ice actiom (specify
[ ] Statement of net ~orth
[ ] Writ of habeas corpus
[ ] Other (specify
NATURE OF ACTION OR PROCEEDING (check ONE box only)
MATRIMONIAL [ ] Contested - Cl4
[ ] Uncontested - UM
TORTS'
COMMERCIAL
Contract - CeNT
Corporate -- CORP
Insurance (where insurer is a
~a=ty, except
a~bitration} - INS
UCC (including sales, ~egotiable
instruments) - UCC
Other Commercial - OC
Malpractice [ ] Medical/Podiatric - MM
[ ] Dental - DM
[ ]* Other Professional - OPM
[ ] Motor Vehicle - ~V
[ ]*Products Liability - PL
[ ] Environmental - EN
[ ] Asbestos - ASB
[ ] Breast Implant - BI
[ ]*other Negligence - OTN
[ ]*Other Tort {including
intentional) - eT
REAL PROPERTY
[ ] Tax Certiorari - TAX
[ ] Foreclosure - FOR
[ ] Condemnation - COND
[ ] Landlord/Tenant - LT
[ ]* Other Real Property - ORP
OTHER MATTERS
[ 1- -OTH
SPECIAL PROCEEDINGS
[ ] Art. 75 (/~rbitration} - ART 75
Art. 77 (Trusts) - ART 77
Article 78 - ART 78
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(P~L Art. 81) ~\ - GUARD 8
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[ ]*Other Special Proceeding - OSP
*If ~ster%@~ u~gd, please specif~ fu~t~er.
thin action/proceeding against a
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[ ~ [ ] Municipality:~.. [ ] [X] Public Au:hority:
(~pecify Town of Southold ] (~pecify
YES NO
[X] [ ] Does this action/proceeding seek e~aitable relief?
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ATTOP~EY($} FOR PLAINTIFF(S}: (NA/~E($), ADDRESS(ES), PHONE NO.)
PACHMAN, PACHbiAN, BROWN & FARNETI, P.C.
366 Veterans Memorial Highway
Commack, New York 11725
516-543-2200
ATTORNEYS[S) FOR DEFENDANT(S): (NAmE(S), ADDRESS(ES), PHONE NO.)
TOWN BOARD OF THE TOWN OF SOUTHOLD
Town Hall
Town of $outhold
53095 Main Road
Southold, New York 11971
516-765-1800
Par~ies appearing pro se (without attorDey) should enter information in
space provided ~bove for attorneys.
INSURANCE CARRIERS:
RELATED CASES: (IF NONE, write "NONE" below}
Title Index ~ Court
Nature of Relationship
NONE
I AFFIP~H U~DER PENALTY
NOTED ABOVE, THERE ARE AND
REQUEST FOR JUDICIAL
PROCEEDING.
Dated: June 27, 1994
OF PERJURX THAT, TO ~Y K/~OWLEDGE, OTW~R THAN AS.
HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR ~{AS A.
INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR
PACHMAN, PACHMA~.
(PRINT OR TYPE NA/~)
366 Veterans Mem.
Hwy. Commack, NY .11~25/
ATTOP~{E¥ FOR Respondent
Attach rider sheets if necessary to provide required information.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
................... ~ ..................... X
JEM REALTY CO.,
Petitioner,
For a judgment Pursuant to Article 78
of the Civil Practice Laws & Rules
-against-
THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
Respondent.
NOTICE OF PETITION
Index NO. 74
Date Filed:
JUN 28 1~4
EDWARDP. ROMAJNE
P~EASE TAKE NOTICE that upon the ann~~%~0~Y
JEM REALTY CO., verified the 23rd day of June, 1994, an
application will be made at an IAS part thereof, to be held in
and for the County of Suffolk, at the Supreme Court Courthouse at
Griffing Avenue, Riverhead, New York on the 22nd of July, 1994 at
9:30 a.m., or as soon thereafter as counsel can be heard for ~
judgment pursuant to CPLR Article 78 to review, annul and set
aside the Notice of Determination of Non-Significance under the
New York State Environmental Quality Review Act by the Town
Board, pursuant to Resolution adopted by the Southold Town Board
on May 31, 1994, with respect to a proposed change of zone on the
Town Board's own motion from its present zoning classification of
Hamlet Density (HD) District and Low Density Residential (R-40)
to Low Density Residential (R-80) District on a certain parcel of
property located on the north side of New York State Route 25
(North Road), 564
New York constituting 62.3
Tax Map No. 1000-035-1-24
feet east of Sound Avenue,
acres, also known
and the granting
Town of Southold,
as Suffolk County
of such other and
cc: Town Board
Town Attorney
Stype Agency
W H~m F. Mullen
further relief as to this Court may seem just and proper,
together with the costs and disbursements of this proceeding.
PLEABE TAKE FURTHER NOTICE, that answering papers
and supporting affidavits, a certified transcript of the record
of the proceedings under consideration and legal memorandum, if
any, shall be served at least five (5) days before the aforesaid
date of hearing, pursuant to CPLR §7804(c) .
Dated: Commack, New York
June 23, 1994
PACHMAN, PACH/43~N, BROWN
& FARNETI, P.C.
Attorneys for Petitioner
366 Veterans Memorial Highway
P. O. Box 273
Commack, New York 11725
(516) 543-2200
TO:
TOWN BOARD OF THE TOWN OF SOUTHOLD
Town Hall
Town of Southold
53095 Main Road
Southold, New York 11971
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
......................................... X
JEM REALTY CO.,
Petitioner,
For a judgment Pursuant to Article 78
of the Civil Practice Laws & Rules
-against-
THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
Respondent.
......................................... X
TO THE SUPREME COURT, STATE OF NEW YORK:
VERIFIED PETITION
Index NO. C~-[~-~
The petition of petitioner, JEM REALTY CO.,
respectfully shows:
NATURE OF PROCEEDING
1. This proceeding is brought by petitioner to review,
annul and set aside the Resolution dated May 31, 1994, adopted by
the Respondent, TOWN BOARD OF THE TOWN OF. SOUTHOLD (herein
sometimes referred to as "TOWN OF SOUTHOLD"), approving a
determination of Notice of Determination of Non-Significance
(hereinafter the "NEGATIVE DECLARATION") under the New York State
Environmental Quality Review Act (hereinafter "SEQRA") with
respect to a change of zone on the TOWN BOARD's motion on a 62.3
acre parcel owned by petitioner and known as JEM COMMONS
(hereinafter "JEM COMMONS" or "THE PARCEL"), also known as
Suffolk County Tax Map number 1000-035-1-24, from Hamlet Density
("HD") District (hereinafter "HD") and Low Density Residential
("R-40") District (hereinafter "R-40")
("R-80")
offices at 43 West 54th Street, New York, New York
"JEM REALTY").
3. The Town of
organized under the Laws
to Low Density Residential
District (hereinafter "R-80").
THE PARTIES
2. Petitioner, JEM REALTY CO., is a partnership with
(hereinafter
Southold is a municipal corporation
of the State of New York. THOM3~S
WICKHAM (hereinafter "WICKHAM"), RUTH D. OLIVA (hereinafter
"OLIVA"), JOSEPH L. TOWNSEND (hereinafter "TOWNSEND"), ALICE J.
HUSSIE (hereinafter "HUSSIE"), JOSEPH J. LIZEWSKI (hereinafter
"LIZEWSKI"), and LOUISA EVANS (hereinafter "EVANS"), constitute
the Town Board of the Town Of Southold.
STATEMENT OF FACTS
4. The property which is the subject of this action
is a 62.3 acre parcel located on the north side of New York State
Route 25 (North Road), east of Sound Road, Town of Southold,
Suffolk County, New York.
5. An application was filed by JEM REALTY with the
Town Board on or about May 3, 1989 seeking to rezone the property
as follows:
The southerly 42 acres fronting on New York
State Route 25 from "R-80" to "HD" (i.e.
from 2 acre minimum to half-acre minimum lot
area) and the northerly 20 acres fronting on
the Long Island Sound from "R-80" to "R-40"
(i.e. from 2 acre minimum to 1 acre minimum
lot area).
6. On or about May 9, 1989, the Town Board adopted a
Petition to
(hereinafter "SUFFOLK
the Suffolk County
Resolution directing the Town Clerk to transmit the
the Suffolk County Department of Planning
COUNTY PLANNING"), in accordance with
Administrative Code.
7. Pursuant to letter dated May 2, 1990, the Suffolk
County Planning Commission, after due study and deliberation,
decided to not take any action with respect to this project
which, under the New York State Town Law, is deemed to be an
approval of the project.
8. By letter dated March 27, 1990, Assistant Suffolk
County Executive Kevin S. Law confirmed to the Town that the
applicant has applied for and has been approved for the Suffolk
County Fast Track Affordable Housing Programs.
9. Thereafter, the Tow~ declared the application to
be a Type I action and engaged the services of an environmental
consultant to review the environmental assessment form submitted
by the applicant with the Petition, pursuant to SEQRA.
10. For two years, JEM REALTY sought to advance its
projects by gaining approval, pursuant to SEQRA.
11. In October 1990, a Draft Environmental Impact
Statement (hereinafter "DEIS") was submitted by JEM REALTY to the
Town.
12. In January of 1991, a revised DEIS was submitted
to respond to questions raised by the environmental consultants
and, thereafter, a Final Environmental Impact Statement (FEIS)
was prepared.
3
13. On or about March 10, 1992, a hearing was finally
held with respect to the application.
14. After the March 10th hearing, the Town Board
suggested that the covenants and restrictions be filed against
the property as a condition to the Board's approval to the change
of zone which JEM REALTY agreed to.
15. On December 7, 1993, the matter again came before
the Town Board. At that time, the Board voted to approve the JEM
REALTY application for rezoning, as delineated in paragraph "5"
above (EXHIBIT "A"). Thereafter, the legal notice for the change
of zone was published, pursuant to New York State Town Law. JEM
REALTY submitted covenants and restrictions embodying the Board's
suggestions which were filed in the office of the Suffolk County
Clerk on December 22, 1993.
16. A newly constituted Town Board which took office
in January of 1994 consisted of WICKHAM, OLIVA, TOWNSEND, HUSSIE,
LIZEWSKI, and EVANS.
17. On April 5, 1994, the Town Board adopted a
Resolution which concluded that the "HD" and "R-40" zoning of the
JEM COMMONS parcel was not appropriate. At the same meeting, it
declared itself lead agency for the purposes of the
"...coordination process..on the Type I action of proposed
rezoning of [JEM COMMONS] on the Town Board's own motion."
(EXHIBIT "B") (Emphasis added)
18. By letter dated April 11, 1994, the Town Clerk
circulated a letter labeled a "lead agency coordination request"
to interested agencies with respect to this proposed change of
zone. In that letter, the SEQRA classification was again denoted
as Type I (EXHIBIT "C").
19. On May 31, 1994, the Town Board adopted a
Resolution labeled Notice of Determination of Non-Significance
(i.e. a Negative Declaration) with respect to this action.
Contrary to the lead agency resolution and coordination letter,
the SEQRA status in that Negative Declaration was inexplicably
declared to be "an Unlisted" action (EXHIBIT "D").
20. The matter has been set down for Tuesday, June 28
1994, with respect to the proposed change of zone on the Town
Board's own motion (EXHIBIT "E").
REQUIREMENTS OF SEQRA
21. The Town Board is the decision maker and is
empowered to vote on Resolutions with respect to declarations of
significance or non-significance under SEQRA, if it declares
itself to be the lead agency, under Part 617 of the New York Code
of Rules and Regulations (N.Y.C.R.R.) the implementing
regulations pertaining to SEQRA, as contained in Article 8 of the
Environmental Conservation Law ("ECL").
§8-0109 of the Environmental Conservation Law
State of New York specifically provides that:
agencies (or applicant as hereinafter
provided) shall prepare, or cause to be
prepared by contract or otherwise, an
Environmental Impact Statement on any action
they propose or approve which may have a
significant effect on the environment. Such
a statement shall include a detailed
statement setting forth the following:
5
New York State
22.
("ECL") of the
Ail
a. A description of the proposed action and its
environmental setting;
b. The environmental impact of the proposed action
including short-term and long-term effects;
c. Any adverse environmental effects which cannot be
avoided should the proposal be implemented;
d. Alternatives to the proposed action;
e. Any irreversible and irretrievable commitments of
resources which would be involved in the proposed
action should be implemented;
f. Mitigation measures proposed to minimize the
proposed environmental impacts;
g. The growth-inducing aspects of the proposed action,
where applicable and significant;
h. Effects of the proposed action on the use and
conservation of energy resources, where applicable and
significant;
i. Such other information consistent with the purposes
of this Article as may be prescribed in guidelines
issued by the Commissioner pursuant to Section 8-0113
of this Chapter.
23. 6 N.Y.C.R.R. Section 617.3(a) states, in pertinent
part:
No agency involved in an action shall carry out, fund
or approve the action until it has complied with the
provisions of SEQRA.
24. The case law construing SEQRA further requires
that before taking action, an agency must show that it identified
the relevant areas of environmental concern and took a "hard
look" at them and made a reasoned elaboration of the basis for
its determination. Literal compliance with the mandates of SEQRA
has long been required by the courts of this State. Substantive
compliance, alone, is insufficient.
6
25. SEQRA requires, inter alia, that State and local
agencies prepare detailed Environmental Impact Statements (EIS's)
containing specified information on any action which they propose
or which requires their approval which may have a significant
effect on the environment. ECL 58-0109(2).
26. In addition to preparing an EIS, a State or local
agency must actually consider the impacts in question prior to
taking action, ECL 58-0103(7)(9). Finally, a State or local
agency must use all practicable means to realize specified
substantive policies for the protection of the environment and:
Shall act and chose alternatives, which, consistent
with social, economic and other essential
considerations to the greatest extent practicable,
minimize or avoid adverse environmental effects,
including effects revealed in the Environmental Impact
Statement process.
ECL 58-0109(1) and §8-0103.
27. The New York State Department of Environmental
Conservation has promulgated regulations implementing SEQRA.
These regulations provide that as soon as an agency receives an
application for approval of an action, or proposes to conduct an
action itself, it make determination whether the action is
subject to SEQRA and what category of actions contained in the
SEQRA regulations the action falls under (6 N.Y.C.R.R. 5617.5).
28. The regulatory scheme established by SEQRA in its
implementing regulations classifies all actions to which SEQRA is
applicable as either Type I, Type II or Unlisted Actions. 6
N.Y.C.R.R. Part 617.
29. Type I actions are considered more likely than not
7
to require the preparation of an environmental impact statement
since they are considered in almost all instances to have a
significant effect on the environment. (6 N.Y.C.R.R. §617.12.)
30. Type II actions, conversely, are presumed not to
require the preparation of an environmental impact statement in
almost all instances because of their minimal impacts. (6
N.Y.C.R.R. §617.13.)
31. Unlisted Actions are actions which do not fall
immediately in either of these two categories. However, in
processing an Unlisted action which may have a significant impact
upon the environment, an agency must follow procedures similar to
those set forth for Type I actions, such as requiring the
preparation of an EIS. (6 N.Y.C.R.R. §617.6.)
32. Once an action has been classified as to Type, the
decision making agency must then make a determination of t~e
environmental significance of the action. Specifically, it must
decide whether the action may have a significant effect on the
environment. If such a determination is made, the agency must
require the preparation of an EIS. (6 N.Y.C.R.R. §617.6(g).)
33. The SEQRA regulations require, whether an action
is classified in the regulations as a Type I action or an
unlisted action, that the agency complete an Environmental
Assessment Form ("EAF") to enable it to determine the
environmental significance to a particular action (6 N.Y.C.R.R.
~617.6. )
34. Once the environmental assessment by the agency is
8
complete, the regulations provide that the decision making agency
(lead agency under the regulations) make either a positive
declaration or a negative declaration (6 N.Y.C.R.R. §617.6(g)).
A positive declaration is a determination by an agency that an
action may have a significant effect on the environment.
Conversely, a negative declaration is a determination by an
agency that an action is not likely to have a significant effect
on the environment. The practical significance of a positive
declaration is that an EIS would be required, whereas with a
negative declaration, an EIS is not required.
RESPONDENTS MISCLASSIFIED THE ACTION AB AN
UNLISTED ACTION AND FAILED TO TAKE A "HARD LOOK"
AT THE ENVIRONMENTAL IMPACTS OF THE REZONING"
35. Pursuant to the SEQ~A regulations, the proposed
Resolution represents a Type I action.
36. Pursuant to 6 N.Y.C.R.R. S617.12(b)(2)(3), this
proposed action "...effects 25 or more acres".
37. 6 N.Y.C.R.R. §617.5(b) provides as follows:
For Type I actions, a full EAF (see, section 617.21
Appendix A of this part) must be used to determine the
significance of such actions that are funded, approved,
or directly undertaken by an agency unless a Draft EIS
has been prepared on the action. The project sponsor
must complete Part 1 of the full EAF, including a list
of all other involved agencies which the project
sponsor has been able to identify, exercising all due
diligence. The lead aqency is responsible for
preparinq Part 2, and as needed, Part 3. (Emphasis
added.)
38. The Board failed to take the required "hard look"
at the impacts of the project. Had proper review been done a
positive declaration requiring the preparation of an EIS would
9
have been indicated to the Town Board.
39. Passage of the subject Resolution by the Town
Board, was mischaracterized as an "Unlisted" Action when, in
fact, it was a "Type I" action. Accordingly, an inadequate,
unauthorized and illegal environmental review was done on the
project. A DEIS was not required even though, as a Type I
action, it is presumed that one was required. Even if the
rezoning was properly considered an Unlisted Action, because of
the potential significant impacts associated with the project, a
DEI$ should have been prepared.
40. The substantive impact of the determination that
the action was an Unlisted Action as opposed to a Type I action
was to circumvent the requirement of the preparation of an EIS
and undermine the intent of the SEQRA statute with respect to the
appropriate environmental review leading uU to a determination of
significance. The SEQRA review that was done is totally
inconsistent with the regulatory scheme established by the State
Legislature and the Department of Environmental Conservation.
RESPONDENTS FAILED TO PREPARE AN EIS,
ALTHOUGH THE ACTION WAS PRESUMED TO REQUIRE ONE
41. Since a Type I action is an action which is more
likely to have a significant effect on the environment than other
actions which are not Type I actions, there is a presumption that
an EIS should be prepared.
42. Case law holds that the threshold for requiring an
Environmental Impact Statement is a iow one, and that all that is
10
required is that an application may have a significant impact on
the environment.
43. In reviewing the Resolution, pursuant to SEQRA, an
EIS should have been required, since it is clear that such an
action may have a significant impact on the environment. Absent
the requirement of an EIS, the SEQRA review and approval of the
application must be deemed arbitrary and capricious, an abuse of
discretion effected by error in law and contrary to lawful
procedure and should be reversed, annulled and set aside.
THE PROPOSED ACTION IS A "MATERIAL CONFLICT
WITH THE COMMUNITY'S CURRENT PLaiNS OR
GOALS AS OFFICIALLY APPROVED OR ~tDOPTED"
44. N.Y.C.R.R. §617.11(a) (4) states that if a proposed
action is a material conflict with the community's current plans
or goals as officially approved or adopted, then a full
environmental impact statement must be prepared.
45. The proposed action is contrary to the public
policies established in the approved findings statements of the
generic EIS for the Town's Master Plan Update of April 1985 and
the report of the U.S./U.K. Countryside Stewardship Exchange Team
of November 1991.
46. Thus, all their reasons enunciated above as to the
failure to provide for a full EIS in a Type I action is
applicable for these reasons.
THE NEGATIVE DECLARATION DID NOT /~DDRESS
THE SOCIO-ECONOMIC FACTORS AS REQUIRED
47. The SEQRA's definition of the "environment" is the
11
impact on "existing patterns of
distribution or growth and existing
character."
48.
population concentration,
community or neighborhood
The negative declaration does not address the need
for affordable housing, additional moderate cost housing or the
impact on the tax base and the school tax by the rezoning.
RESPONDENTS INCORRECTLY STATED THAT THE
REZONING IS CONSISTENT WITH THE
LAND USE AND ZONING OF SURROUNDING LAND
49. One reason given for the negative declaration was
that the proposed "R-80" zoning is consistent with land use and
zoning of the surrounding land. This is incorrect.
50. The present minimum plot area on the parcel is
divided between one unit per acre and two units per acre.
Existing land use in t~e residential parcel to the west of JEM
COM>fONS is ten units per acre; to the east, 4.5 units per acre
(along with being next to a major commercial zone); and to the
south, twelve units to the acre.
E~HIBIT
51.
"B" by Petitioner.
Four months have not expired since the receipt of
52. Petitioner is a party aggrieved.
53. Petitioner has no adequate remedy at law.
54. There is no previous application for the
relief
sought herein to this or any other court.
55. This proceeding has not been assigned to any
Justice pursuant to the IAS system.
56. The determination contained in EXHIBIT "D" does
12
not provide adequate findings upon which to base this
determination. The findings are based on groundless conclusions.
57. The determination contained in EXHIBIT "D" is
arbitrary and capricious and in error of law totally without any
basis in law or fact.
END OF TEXT
13
WNER~FORB, the petitiooer respectfully submitted that
the Negative Declaration adepted by the ToWn Boerd On March 31,
1994 be, in all respects, reversed, annulled, end set aside, that
the matter be remanded to the Town Board of the Town of Southold
for compliance with the Stets Environmental Quality Review Act,
and the preparatio~ of a Dreft Environmental Impact Statement,
that the Court annul and set aside all actions taken in violation
of Article 8 of the Environmental Censerwation Law, until full
compliance is achieved, and that the Court grant such other and
together
further relief as this Court may deem Just and proper,
with the cost~ and disbursements of this proceeding.
Dated: commack, New York
June 23, 1994
i~1/~ U lgL KO NTO KO STA, -'tag. l~T~ E R
/
14
STATE OF NEW :JERSEY)
COUNTY OF
~2~AIqUEL KONTOKOSTA, being duly sworn, says:
I am a partner of Petitioner ~n the within action.
I have read the foregoing petition and know the contents thereof;
the same is true to my own knowledge, except as to the matters
therein stated to be alleged on information and belief, and as to
those matters, I believe ~t to be true.
The grounds of my belief as to all matters not
stated upon my own knowledge are as follows: books, records and
documents contained in my partnership f~les.
Sworn to be[ore me this
23rd day of .June, 1994.
~ota~ Pub~Ac
A Nmry Pubic d Nel .baly
15
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VirAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53~)5 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (5161 765-1823
Telephone ~5161 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 7. 1993:
WHEREAS, Jem Realty Co., by petition filed March I, 1990, applied to the Town
Board of the town of Southold for a change of zone on two (2) parcels located on
the northerly side of the North Road, Greenport, from: Parcel 1 the most
southerly 42_· acres from existing "R-80" Residential Low Density District (2-acre
minimum) to "H-D" Hamlet Density District; Parcel 11 - the most northerly 20+_ acres
from "R-80" Residential Low Density District (2-acre minimum) to "R-40" Residential
Low Density District (1-acre minimum); and
WHEREAS, the said petition was referred to the Southold Town Planning Board and
Suffolk County Department of Planning for official recommendations and reports; and
WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon
on the 4th day of February, 1992, at which time all interested persons were given
an opportunity to be heard; now, therefore, be it
RESOLVED that Jem Realty Co. be and hereby is granted the relief demanded in
said petition subject to the execution and recording in the Suffolk County Clerk's
Office of the following Declaration of Covenants and Restrictions, which are hereby
made a part of the Town Board's decision:
WHEREAS, the Declarant (Jem Realty Co., a partnership with offices at 43 West
54th Street, New York, New York) is the owner in fee simple absolute, of
premises located at the north side of Main Road (Route 48) east of Sound
Avenue, Greenport, New York, Tax Map No. District 1000, Section 35, Lot 20,,
more specifically described on Exhibit "A" (to follow this recital) and made a
part hereof, (hereinafter referred to as the "Premises"), commonly known as
Jem Commons; and
WHEREAS, the Declarant has made application to the Town of Southold for a
change of zone from Residential R-80 (Residential Low-Density District (two-
acre minimum)) to Residential R-40 (Residential Low-Density District (one-acre
minimum)) as to Parcel I, and R-80 (Residential Low-Density District (two-acre
minimum)) to HD (Hamlet Density Residential District) as to Parcel II; and
WHEREAS, the Town of Southold has agreed to grant Declarant's application
for a change of zone; and
WHEREAS, the Declarant has agreed, in consideration of the approval of the
Town Board of the Town of $outhold to the change of zone to provide for
restrictions concerning the development and use of Premises which the Town
of Southold deems in its best interest as whole to obtain; and
WHEREAS, the Declarant has agreed to place these covena,~ts and restrictions
against the Premises.
W I T N ES E T H
NOW. THEREFORE, in consideration of the Premises, and the agreements herein
contained, the Declarant hereby declares as follows:
1. In the development of the subject Premises, a proposed subdivision
shall provide for two access roads from said subdivision to the Main Road
(Route
2. Parcel I (20-acre portion) of the Premises to be designated as
Residential R-40 (Residential Low-Density District (one-acre minimum)) shall
be developed under the R-40 (Residential Low-Density District (one-acre
minimum)) criteria and cluster planning concept as called for in the Code of
the Town of Southold.
3. Parcel 11 (42-acre portion) of the Premises to be designated as HD
(Hamlet Density Residential District) zoning, shall:
A. Be developed at a density equal to one residential unit per one
half (I/7) acre.
13. Provide that out of the total number of units to be built, (as
provided in Subsection 3A) 30% are to be designated "Affordable
Housing" units and shall be required to meet the criteria indicated
in the "Affordable Housing" Section of the Code of the Town of
Southold.
C. Provide that all areas designated on the site, as open space,
if any, shall be located, if practicable, so it shall be adjacent
to the open space areas designated on the parcel of property
to the east.
4. The covenants and restrictions contained herein shall be enforceable
by the Town of Southold against the Declarant or the then owner of .the
Premises, or by proceeding at law or in equity against any persons or parties
violating or attempting to violate any conditions of this Declaration, to restrain
violation, in whole or in part.
5. The above-mentioned covenants and restrictions shall be and
constitute real covenants running with the land and shall be binding upon the
Declarant and any and all subsequent owners of said real property or part
thereof, and upon their heirs, executors and administrators (or their
successors or assigns), subject, however, to the right of the Town of Southold
annul, or repeal any or all of the foregoing covenants and/or restrictions at
any time.
The legal description of the aforesaid property is as follows: Ail that
certain plot, piece or parcel of land, situate, lying and being at Greenport,
Town of $outhold, County of Suffolk, and State of New York, and more
particularly bounded and described as follows:
Parcel I: (northerly parcel): Beginning at a point on the easterly line
of the land now or formerly of Gus Schad, which point is the following courses
and distances along the land now or formerly of Gus Schad from the northerly
line of North Road (NYS Route 25): (1) North 30 degrees 16 minutes 30
seconds West 1085.53 feet, (2) North 76 degrees 30 minutes 30 seconds East
376.~0 feet, (3) North 21 degrees 05 minutes 30 seconds West 807.87 feet, and
running thence from said point of beginning South 62 degrees 26 minutes 40
seconds West through the land of the party of the first part 1373.47 feet to
th~ land now or formerly of Augustus Straus*_ner; thence North 27 degrees 33
minutes 20 seconds West along the. land now or formerly of A~gustus Straussner
and of others 672.50 feet to the Long Island Sound; a tie-line along the Long
Island So~nd having the following courses and distances: (1) North 60 degrees
32 minutes 20 seconds East 356.27 feet, (2) North 58 degrees 10 minutes 00
seconds East 386.00 feet,' (3) North 66 degrees 10 minutes 00 seconds East
-2-
342.00 feet, (4) North 79 degrees ~.3 minutes 30 seconds East 357.33 feet,
thence southerly along the land now or formerly of Gus Schad the following
courses ~nd distances: (1) South 21 degrees 34 minutes 40 seconds East 410.00
feet, (2) South 21 degrees 05 minutes 30 seconds East 175.00 feet to the point
or place of beginning.
Parcel II: (southerly parcel): . ~3eginning at a point on the northerly side
of North Road where the same is intersected by the westerly side of land now
or formerly of F.C.P. Haneman, formerly Grace Robinson; and from said point
of beginning running thence along the northerly side of North Road the
following courses and distances: (1) South 78 degrees 09 minutes 20 seconds
West 329.44 feet, (2) South 75 degrees 75 minutes 00 degrees West 246.26 feet
to other land now or formerly of Sinuta; running thence along said land North
26 degrees 56 minutes 20 seconds West 240.77 feet to the land now or formerly
of Water Sledjeski; running thence along said land the following courses and
distances: (1) North 30 degrees 58 minutes 00 seconds West 198.28 feet, (2)
South 66 degrees 00 minutes 30 seconds West 389.47 feet to the land now or
formerly of Harrower; running thence along said land and along land of other
owners the following two courses and distances: (1) North 27 degrees 47
minutes 30 seconds West 548.67 feet, (2) North 27 degrees 33 minutes 20
seconds West 634.19 feet, running thence South 62 degrees 26 minutes 40
seconds West 1373.47 feet to said land now or formerly of F.C.P. Haneman;
running thence along said land the following courses and distances: (1) South
21 degrees 05 minutes 30 seconds East 807.87 feet, (2) South 76 degrees 30
minutes 30 seconds West 376.40 feet, (3) South 30 degrees 16 - minutes 30
seconds East 1085.53 feet to the northerly side of North Road, at the point or
place of beginning.
Judith T. Terry ~/
Southold Town Clerk
December 8, 1993
-3-
DECEMBER
at 43 West
to as the
DECLARATION OF COVEN'ANTS AND RESTRICTIONS
THIS DECLA/~ATION, made and entered into the 2nd day of
· 1993, by JEM REALTY CO., a partnership with offices
54th Street, New York, New York (hereinafter referred
"Declarant" ) .
RECITALS
WHEREAS, the Declarant is the owner in fee simple
absolute, of premises located at on the north side of Main Road
(Route 48) east of Sound Avenue, Greenport, New York, Tax Map No.
District 1000, Section 35, Lot 24, more specifically described on
Exhibit "A" attached hereto and made a part hereof· (hereinafter
referred to as the "Premises"), commonly known as JEM
and
WHEREAS, the Declarant has made application to the Town
of Southold for a change of zone from Residence R-80 (Residential
Low-Density District (two-acre minimum)) to Residence R-40
(Residential Low-Density District (one-acre minimum)) as to
Parcel I and R-80 (Residential Low-Density District (two-acre
minimum)) to HD (Hamlet Density Residential District) as to
Parcel II; and
WHEREAS, the Town of Southold, has agreed to grant
Declarant's application for a change of zone; and
WHEREAS, the Declarant has agreed, in consideration of
the approval of the Town Roard of the Town of Southold to the
1
change of zone to provide for restrictions concerning the
development and use of Premises.which the Town of Southold deems
in its best interest as whole to obtain; and
W}{ERE2%S, the Declarant has agreed to place these
covenants and restrictions against the Premises.
WITNESETH
NOW, THEREFORE, in consideration of the Premises, and
the agreements herein contained, the Declarant hereby declares as
follows:
1. In the development of the subject Premises, a
proposed subdivision shall provide for two access roads from said
subdivision to the Main Road. (Route 48)
2. Parcel I (20-acre portion) of the Premises to be
designated as Residential R-40 (Residential Low-Density District
(one-acre minimum)) shall be developed under the R-40 (Residen-
tial Low-Density District (one-acre minimum)) criteria and
cluster planning concept as called for in the Code of the Town of
Southold.
3. Parcel II (42-acre portion) of the Premises to be
designated as HD (Hamlet Density Residential District) zoning,
shall:
A. Be developed at a density equal to one
residential unit per one half (1/2) acre.
B. Provide that out of the total number of units
to be built, (as Drovided in Subsection 3A) 30%
ara ~3 be d~signa'ce~ "AJfcrdable Ho~sin~" units
and shall be ~equire~ ko mec~ the criteria
indicatea in the "Affordable H~using" Section of
the code of'the Town of Southold.
C. Provide that all areas desig~.ated on ~he
. si~e, am open space, if any, ~hall b~ located, ~f
p~acuicable,
to t~e east.
so it s~all be adjacent
designated on the parcel.
to the open
of property
4. The covenants and restrictions cont.ained herein
~hall be enforceable by the Town of Southold agains~ the
Decl~fan5 or the then owner of she Premises, or by !)roceeding at
law or In equity against any persons or
attemp=ing to violate any conditions of
restrain violation, in ~ho!e or in part.
5. The above-ment~onea covenanEs and
shall be and constitute rea! covenants runninc
parties violating or
this Declaration, to
restrictions
the land and
· ~ha!! be binding u~on ~he Oec!aranu and any and all subsequent
ownar~ of th~ said rma! property or part thereof, and upon their
heirs, eMscuters and administrators (or their ~ucces~ors or
assigns), subject, no%~ever, to the right of the Town of Sou=h01d
annul, or repeal any or all of the foregoing covenants and/or
restrictions at any time.
the Declarant has hereunto set his
hand and seal the day and year first above w~itten.
STATE OF NEW JERSEY)
)
COUNTY OF PASSAIC )
On this day of C~/,'t~, 1993, before me
personally came ~anuel Kontokosta, to me know~ and known to me
to be a pal-tner of JEM REALTY CO. and the person described in
and who executed the foregoing instrument in the partnership mmme
of JEM REALTY CO y , and he duly acknowledged to me that he
executed the sa~e as and for the act and deed of the said
partnership of JEM REALTY CO.
SARINA MATO$
A No{au Public al New Jem~-y
My Commis~mn EzPa*e~ 10/5/9a
EXHBIT 'A' JEb[ COb~[ONS
The legal description of the aforesaid property is as follows: All that
certain plot, piece or parcel of land, situate, lying and being at Greenport,
Town of Southold, County of Suffolk, and State of New York, and more
particularly bounded and described as follows:
Parcel I: (northerly parcel): Beginning at a point on the easterly
line of the land now or formerly of Gus Schad, which point is the fo[lowinG
courses and distances along the land now or formerly of Gus Schad from
the northerly line of North Road (NYS Route 25): (1) North 30 degrees
16 minutes 30 seconds West 1085.53 feet, (2) North 76 degrees 30 minutes
30 seconds East 37G.40 feet, (3) North 21 degrees 05 minutes 30 seconds
West 807.87 feet, and running thence from said point of beginning South
62 degrees 26 minutes 40 seconds West through the land of the party of
the first part 1373.47 feet to the land now or formerly of Augustus
Straussner; thence North 27 degrees 33 minutes 20 seconds' West alone3 the
land now or formerly of Augustus Straussner and of others 672.50 feet to
the Long Island Sound; a tie-line along the Long Island Sound having the
following courses and distances: (1). North 60 degrees 32 minutes Z0
seconds East 356.27 feet, [2) North 58 degrees 10 minutes 00 seconds East
386.00 feet, (3) North 66 degrees 10 minutes 00 seconds East 3~,2.00 feet,
(4) North 79 degrees 13 minutes 30 seconds East 357.33 feet, thence
southerly along the land now or formerly of Cus Schad the following
courses and distances: (1) South 21 degrees 34 minutes 40 seconds East
410.00 feet, {2) South 21 degrees 05 minutes 30 seconds East 175.00 feet
to the point or place of beginning.
Parcel 11: (southerly parcel): Beginning at a point on the northerly
side of North Road where the same is intersected by the westerly side of
land now or formerly of F.C.P. Haneman, formerly Grace Robinson; ant
from said point of beginning running thence along the northerly side of
North Road the following courses and distances: (1) South 78 degrees 09
minutes 20 seconds West 329.44 feet, (2) South 75 degrees 15 minutes
conZinued Exhibit "A" JEM COMMONS
degrees West 246.26 feet to other land now or formerly of Sinuta; running
thence along said land North 26 degrees 56 minutes 20 seconds West 240.77
feet to the land now or formerly of Walter 51edjeski; running thence along
said land the following courses and distances: (1) North 30 degrees 58
minutes 00 seconds West 198.28 feet. (2) South 66 degrees 00 minutes 30
seconds West 389.47 feet to the land now or formerly of Harrower; running
thence along said land and along land of other owners the following two
courses and distances: (1) North 27 degrees 47 minutes 30' seconds West
548.67 feet, (2) North 27 degrees 33 minutes 20 seconds West 634.19 feet,
running thence South 62 degrees 26 minutes 40 seconds West 1373.47 feet
to said land now or formerly of F.C.P. Haneman; ru. nning thence along said
land the following courses and distances: (1] South 21 degrees 05 minutes
30 seconds East 807.87 feet, (2) South 76 degrees 30 minutes 30 seconds
76 minutes 30 seconds East 1085.53-
Road, at the point or place of
West 376.40 feet, {3) South 30 degrees
faet to the northerly side of North
beginning.
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOU'I'HOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York [ 1971
Fax 1516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY '~HE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199e,:
RESOLVED that the Town Board of the Town of Southold hereby commences
the lead agency coordination process in regard to the State Environmental
Quality Review Act on the Type I action of proposed rezoning of the
following described property on the Town Board's own motion from Hamlet
Density (HD) Residential District and Low Oensity Residential R-40 District
to Low Density Residential R-80 District: Tax Map #1000-035-1-24, owned
by Jem Realty Co., containing 62.3 acres, and located on the north side
of Route 25, 564 east of Sound Road, Greenport, New York.
Southold Town Clerk
April 6, 199~,
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York Il971
Fax (516} 765-1823
Telephone t516) 765-1801
April 11, 1994
Lead Agency Coordination Request
The purpose of this request is
Environmental Quality Review Act-SEQRA)
and 6NYCRR Part 617 the following:
to determine under Article 8 (State
of the Environmental Conservation Law
1. your jurisdiction in the action described below;
2. y(~ur interest in assuming the responsibilities of lead agency; and
3. issues of concern which you believe should be evaluated.
Enclosed you will find the Southold Town Board's findings and a completed Long
Environmental Assessment Form (EAF) to assist you in your response.
Pro}eot Name: Jem Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y.
10019, SCTM #1000-035-1-24, property located on the north side of Route 25, 564
feet east of Sound Road, Greenport, N.Y., containing 62.3 acres.
Requested Action: Change of Zone on the Town Board's own motion from Hamlet
Density (HD) Residential District and Low Density Residential R-/10 District to Low
Density Residential R-80 District.
SEQRA Classification: Type I
Contact Person: Judith T. Terry, Town Clerk, Town of Southold
The lead agency will determine the need for a environmental impact statement
(ELS) on this project. If you have an interest in being lead agency, please contact
this office immediately. If no response is received from you within 30 days of the
date of this letter, it will be assumed that your agency has no interest in being lead
agency.
Page
Agency Position:
[ ] This agency has no objection to your agency assuming lead agency status
for this action,
IX] This agency wishes to assume lead agency status for this action.
[ ] Other. (See comments below)
Comments:
Please feel free to contact this office for further information.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
Copies of this request and all attachments to the following:
Commissioner Langdon Marsh, NYS-DEC, Albany
Robert Greene, NYS-DEC, Stony Brook
NYS L~gislative Commission on Water Resource Needs of Long Island
Suffolk County Department of Planning
Suffolk County Department of Health Services
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Clerk's Bulletin Board (without attachments)
Jem Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y. 10019
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Bog 1179
Southold, New York 11971
Fax (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 MAY 31. 199ti:
RESOLVED that this notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmental Quality Review) of the
Environmental Conservation Law. The Town Board of the Town of $outhold has
determined that the proposed action described below will not have a significant
effect on the environment and that a Draft Environmental Impact Statement need
not be prepared.
Property of: Jem Realty Co.
Title of Actiom Chmage of Zone on Town Board's Own Motion
SCTM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
SEQR Status: Unfired Action
Project Description:
SCTM Number:.
The project which is the subject of thle Determln~fion,
involves a the cha.uge of zone of 62.3 acres from "Hamlet
Density' to 'Residence-80~. The project site contains
freshwater wetlands and a mix of forested and old field
habitats. The site is also adjacent to Long Island Souad.
The proposed project is one of six (6) change of zones
being considered by the Town Boarder this time in the
same geographic area.
1000-35-1-24
Location: The site consists of 62.3 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
unincorporated portion of Greenport.
Reasons Supporting This Determ/nation:
This determination is issued in full consideration of the criteria for determination of
significance co~talned in 6 NYCRR Part 617.11, the Long Envixonmental A~sessment Form
Parts I and H, and the fo[lowing specific reasons:
(1}
Thc subject ehan~e of zonin~ doe$ not e~rc,=~'d any of thc criteria for dctermln;ng r, lgni~eance of an action
that wol~d waftan~ th~ prcparatioa of a Draft F-IS. Conversely, the action will minimi~.t~ pOtential
cnv~'onmcnl~ impacts thereby prov{ct;-g support for iaaua~c.~ of a Ncgatlvc D-rl~afion.
(3)
Tim proposed projexi will re, gm tim po~--H~[ d~velopmcm denai~y on the subj~ site. Al
dcn.siiy dm-ired impacts h~dudi~g: w~t~ u.~; sanilary wasle volmn¢; dlsturba~co of Land; tra~c
gcncrahon; and solid w~Oe gcncraiion will ~[~n b~ red,,~e~ Accordingly, the subje.~ chang~ of 7n.l.g is
r. xpe. cted {o reduco the impac~ of sile d~velopmcnl wlih regard to th~s~ impact areas, as compared
~grr~nt zoning.
TI~ proposed zo,,i,,~ is con.ds~nX with land u.~ and zo,,;,,g of surrounding ~ and will th~rcfor~ not
cans~ a signi~cam impact= As a r~ulg tim proly~"~ ,-h~.? of zo-lag wit have a b~nm~al impact upon
Con.6darmion h~ be, ca giv~a to th~ review of tim pro _p.3~4 zoa~ t-h~n~ conducted by a
tim Town Board, which concludes tim following with regard to tim r~te in consideration of
rr. sottrc~: ~ fiad;n~o~ suggest that any development on this ~ will have environme-t~l impaO~
of prote.~li~n for th~ emvironment fha. the 'J-ID' ?t,,,i,,g n~w provides.
Conside. ra/.ion has beam given to a plnnnln~ do-,mcat prepared by th~ Southold plnnninE Staff
,Revie~ o£ Ham~ ihm. rity Zonin~ in $ou~u~ Town - Report to the To~m Board" da~l Febmaty1994.
This report ¢onch,,~,'-~ tl~ following with regard to tim ~ in con.sidoraiton of mtiqu~ ~ resources:
· 27~patr. edcouldbed, evelopedinamatu'~notrequiringrnultipled, ensityuz~. R~oningtoatower
Th~ subject site cO.tnln~ tmiqu~ resourc~ nad approv;m~tely 67 percent of the site is consldm'ed
me. adow/°or~hl~nd and the remaining 33 percent of the site is fornsted. The site is also si~mro~l on Long
1.4aad Sound. Thc propo.sed .h~.g¢ of zoning wi/l minimize, imp~lct upon ~ L~tlg I~lafld SOulld ~lld
~_~_o-,,-iat o,d bl"ffL as well as tim upland re. sonsc~ by red0,~,,g tl~ potcnHnl land u.~ density adjac~.nt
these bablt~ta In addition, the lower pote,,tlnl land u.~ d~nsity will provid~ more flam'bl~ land u.~
options to maxim~ se. rbacks aad ensure pre,s~rvation of un]qu~ wildlife habitat ate. m..
Judith T. Terry c,,
Southold Town Clerk
June 1, 199~1
LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AI~END ZONING CODE AND MAP
Pursuant to Section 265 of the Town Law, and requirements of the
Code of the Town of Southold. Suffolk County, New York, a public I~earing
will be held by the Town Board of the Town of Southold, at the Southold
Town Hall, Main Road, Southold, New York, at 8:25 P.M., Tuesday, June
28, 199~1, on the Change of Zone on the Town Board's Own Motion from
Hamlet Density (HD) District to Low Oensity Residential R-80 District on
the property of Jem Realty Co., located on the north side of Route 25, 564
l~eet east of Sound Road, Greenport, New York, containing 62.3 acres,
Suffolk County Tax Map No.
Any person desiring to be heard on the proposed amendment should
appear at the time and place above so specil:ied.
The legal description of the aforesaid property is as follows: Beginning
at a point on the northerly line of Main Road [also known as North Road)
at the southeasterly corner of land of Sinuta and the southwesterly corner
of the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound road; running thence along said land of Sinuta
N.26°56'20"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (I) N.30°58'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.47
feet to land of Harrower; thence along said land and along land of others
two courses: (1) N.27°~IT'30"W.-548.67 feet; thence (2) N.27°33'20"W.-
1306.69 feet to Long Is/and Sound; thence along Long Island Sound four
courses: N.60°32'20"E.-356.27 feet; thence (2) N.58°10~00"E.-386,0 feet;
thence (3) N.66o10'00"E.-342,0 feet; thence (~} N.79°13'30"E.-357.33 feet
to land of LBV Properties; thence along said land four courses: (1)
S.21o34'40"E.-4J0.0 feet; thence ~:2) S.21°05'30"E.-982.87 I:eet; thence (3)
LEGAL NOTICE
NOTICE OF AMENDMENT TO
SOUTHOLD TOWN CODE AND ZONING MAP
AMENDMENT NO. 137
NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the
of Southold, Suffolk County, New York, held on the 26th day of July,
1994, the Town Board enacted 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. 137 amends the Code of the Town of Southold by
changing, on the Town Board's own motion, the property of Jem Realty Co.
from Hamlet Density (HD) Residential District and Low Density Residential
R-40 District to Low Density Residential R-80 District. This property is
situate, !yinc~ and being at Greenport, Town of Southold, County of Suffolk
and State of New York, and more particularly bounded and described as
follows:
Beginning at a point on the northerly line of Main Road (also known
as North Road) at the southeasterly corner of land of Sinuta and the
southwesterly corner of the premises herein described, said point being
554.44 feet easterly from the easterly line of Sound Road; running thence
along said land of Sinuta No.26°56'20"W.-240.77 feet to land of Sledjeski;
thence along said land two courses: (1) N.30°58'00"W.-198.28 feet; thence
(2) S.66°00'30"W.-389.47 feet to land of Harrower; thence along said land
and along land of others two courses: (1) N.27°47'30"W.-548.67 feet;
thence (2) N.27°33'20"W.-1306.69 feet to Long Island sound; thence along
Long Island Sound four courses: (1) N.60°32'20"E.-356.27 feet; thence
[2,~ FI.58°10'00'IE.-386.0 feet; thenc~ (3) No.66°10'=00"E.-342.0 feet; thence
(4) N.79°13130'IE.-357.33 feet to land of L.B.V. Properties; thence along
said land four courses: (1) S.21°34'40"E.-410.0 feet; thence (2)
S.21°05130"E.-982.87 feet; thence (3) S.76°30'30"W.-376.40 feet; thence (4)
S.30°16130"E.-1085.53 feet to Main Road; thence along Main Road two
courses: (1) S.78°09120"W.-329.44 feet; thence (2) S.75°15'00'1W.-246.26
feet to the point of beginning.
DATED: July 26, 1994.
Containing 60.366 acres.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON AUGUST ~1, 1994, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
Roderick Van Tuyl, P.C.
~i LEGAL NOTICE
NOTICE OF AMENDMENT TO
SOUTHOLD TOWN CODE AND ZONING MAP
AMENDMENT NO. 137
NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the
of Southold, Suffolk County, New York, held on the 26th day of July,
1994, the Town Board enacted 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. 137 amends the Code of the Town of Southold by
changing, on the Town Board's own motion, the property of Jem Realty Co.
from Hamlet Density (HD) Residential District and Low Density Residential
R-q0 District to Low Density Residential R-80 District. This property is
situate, lying and being at Greenport, Town of Southold, County of Suffolk
and State of New York, and more particularly bounded and described as
follows:
Beginning at a point on the northerly line of Main Road (also known
as North Road) at the southeasterly corner of land of Sinuta and the
southwesterly corner of the premises herein described, said point being
554.44 feet easterly from the easterly line of Sound Road; running thence
along said land of Sinuta No.26°56'20"W.-240.77 feet to land of Sledjeski;
thence along said land two courses: (1) N.30%8'00"W.-198.28 feet; thence
(2) S.66~00'30"W.-389.47 feet to land of Harrower; thence along said land
and along land of others two courses: (1) N.27o47'30"W.-548.67 feet;
thence (2) N.27°33'20"W.-1306.69 feet to Long Island sound; thence along
Long Island Sound four courses: (1) N.60o32'20"E.-356.27 feet; thence
(2) N.58°10'00"E.-386.0 feet; thence (3) No.66°10"00"E.-342.0 feet; thence
(4) N.79o13'30"E.-357.33 feet to land of L.B.V. Properties; thence along
said land four courses: (1) S.21°34'40"E.-410.0 feet; thence (2)
S.21°05'30"E.-982.87 feet; thence (3) S.76°30'30"W.-376.40 feet; thence (4)
S.30~16'30"E.-1085.53 feet to Main Road; thence along Main Road two
courses: (1) S.78°09'20"W.-329.44 feet; thence (2) S.75°15'00"W.-246.26
feet to the point of beginning.
DATED: July 26, 1994.
Containing 60.366 acres.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON AUGUST ~1, 199~I, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
Roderick Van Tuyl, P.C.
LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING CODE AND MAP
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 Soul, hold
Town Hall, Main Road, Southold, New York, at 8:00 P.M., Tuesday, June
2B, 19911, on the Change of Zone on the Town Board's Own Motion from
Hamlet Density (HD) District to Low Density Residential R-BO District on
the property of Kace Realty Co., located on the south side of Route 48,
1000 feet east of Chapel Lane, Greenport, New York, containing 17.188
acres, Suffolk County Tax Map No. 1000-40-3-I.
Any person desiring to be heard on the proposed amendment should
appear at the time and place above so specified.
The legal description of the aforesaid property is as follows:
Beginning at a point on the southerly line of Middle Road (C.R. 48) at the
northeasterly corner of the land of the Village of Greenport and the
northwesterly corner of the premises herein described, said point being
1541.40 feet easterly from the easterly line of Chapel Lane; running thence
along said line of Middle Road three courses: (1) Easterly on a curve
to the right having a radius of 1399.39 feet, a distance along said curve
of 43.85 feet; thence (2) N. 61°23'20"E.-393.50 feet; thence (3)
N.58°46'30"E.-352.38 feet to land of Judith Fenno; thence along said land
two courses: (1) S.23°34'20"E.-427.38 feet; thence (2) S.21°23'30"E.-
106.0 feet to land of the Village of Greenport; thence along said land six
courses: {1) S.23°49'00"W.-241.26 feet; thence (2) S.5'08'30"W.-671.42
feet; thence (3) N.68o42'I0"W.-L~32.43 feet; thence (4) N.22°lB'00"W.-
564.52 feet; thence (5) S. 72°41'10"W.- 119.90 feet; thence (6)
N.0*53'30"W.-343.5~] feet to the point of beginning.
Dated: May 31, 1994.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JUNE 16, 199~1, AND FORWARD ONE
OF ~ ' ~"~
PU~L.C ..... ~ TO JUDITH TERRY, SOUTI-IO!_D TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Kate Realty Co.
(1) AFFIDAVIT
CLERK· TOWN
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Year 1994
JEM REALTY CO.,,
For a judgment Pursuant to Article 78
of the Civil Practice Law & Rules
-against-
THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
Petitioner,
Respondent,
NOTICE OF PETITION and PETITION
PACHMAN, PACHMAN, BROWN & FARNETI, P.C.
Attorneys for Petitioner
366 Veterans Memorial Highway
P.O. Box 273
Commack, New York 11725
the within is hereby admitted.
Service of a copy of
Dated:
Attorney(s) for
SIR: PLEASE TAKE NOTICE
NOTICE OF ENTRY: that the within is a (certified) true copy of
a duly entered in the office of the clerk of the within named
court on
NOTICE OF SETTLEMENT: that an of which the within is a
true copy will be presented for settlement to the HON. one
of the judges of the within court, at on at
Dated: Yours, etc.,
TO:
Attorney(s)
for:
PACH/~AN, PACKMAN,
BROWN & FARNETI, P.C.
Attorneys for
366 Veterans Memorial Highway
P.O. Box 273
Commack, New York 11725
DEPARTMENT OF PLANNING
;OUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES. A.I.C.P.
May 10, 1994
Honorable Thomas Wickham, Supervisor
Town of Southold Town Hall
53095 Main Road
Southold, N. Y. 11971
RE: Hamlet Density RBzonings
Dear Supervisor Wickham:
RECFIVED
JUN 2 ? 094
Southold Town Clerk
In an effort to assist you in the public discourse regarding
rezoning of parcels zoned hamlet density to the two acre residential
classification, we have prepared yield maps of five of the parcels_
I found in my experience as a town planner, that a graphic repre-
sentation of development potential is always helpful prior to reaching a
conclusion as to whether a rezoning on the town's own motion is reason-
able or not- A rezoning need only meet the test of providing a reason-
able return on property development and I think our site studies show
that_
We have not dealt with natural features on these sites to any great
extent. Part of a town's prerogative, if you wish, is to permit yield
to be taken on environmentally sensitive areas as an incentive to
cluster and preserve these features. New York State Department of
Envirornnental Conservation flags wetland areas in their jurisdiction,
which is another resource to determine the scope and extent of environ-
mentally sensitive areas.
Obviously, clustering is also a means by which net monetary return
can be increased by reducing infrastructure, road and sits development
costs. Again, this is strictly a local prerogative as to how and when
to use the clustering techniques.
I hope this information will be helpful to you. We have spoken
with your planning staff on these and other matters and will continue to
stay in contact with them.
]{onorabie Thomas Wickham -2- May i0, 1994
Thank you for the opportunity to render this planning assistance.
Yours truly,
Director
SMJ:pd
Encls.
2 sets/parcels 1, 3, 4,
5, 8
Robert Gaffeey, SC Executive
George Gatta, Dpty Cty Exec/Econ Dev & Planning
Donald Eversoli, Chairman SC Planning Commission
MEMORANDUM
TO:
FROM:
RE:
DATE:
RECEIVED
JUN27 [ 94
Thomas Wickham, Supervisor
Valerie Scopaz, Senior Planner ~
Theoretical Subdivision Yield Maps
For Parcels 4, 5 and 8 of the Hamlet Density Report
May 9, 1994
On Friday afternoon, I met with the Director of the Suffolk
County Planning Department, Stephen Jones, about another matter.
He left theoretical subdivision yield maps for three of the six
properties that are proposed to be rezoned from Hamlet Density
to the R-BO or two acre density. The yield maps should be
viewed as the outside number of lots that could be obtained
without subtracting for sto£~ater, runoff or wetlands or other
environmental conditions that might be noted during an
environmental quality review which could lower the theoretical
yield..
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Rilchie La[ham, Jr.
Bennett Oflowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
June 27, 1994 PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Judith T. Terry, Town Clerk
Town Hall
Southold, NY 11971
Dear Mrs. Terry:
RECEIVED
JUII 2 7 !gg4
Southold Town
Re:
Change
SCTM ~
SCTM #
SCTM 9
SCTM #
SCTM 9
SCTM #
of Zone on Town Board's Own Motion:
1000-40-4-1 - J. Geier
1000-35-1-25 - LBV Properties
1000-45-2-10.3 - Richard Mohring (a.k.a. San Simeon
Retirement Community Inc.)
1000-45-2-1 - siolas & Tsunis
1000-35-1-24 - Jem Realty
1000-40-3-1 - FACE Realty
At its June 24th meeting, the Planning Board adopted the following
report:
The Planning Board endorses the townspeople's vision for their
Town, which calls for individually distinct or discrete hamlets
separated from each other by open or farmed countryside, and
which calls for the equitable distribution of affordable housing
density throughout the Town.
The Planning Board also recognizes that achieving this vision
will require the careful consideration of the land use within
and adjacent to its hamlet centers; that the Town's Zoninq Map
should reflect the intent of the community's vision; and that
the Town must weigh the community's interest in its collective
future against the private interest of individual property
owners in the use of their land.
The Planning Board recognizes that the proposed rezoning of
these properties will not deny these property owners the right
or capacity to develop their land; that the proposed zone of
R-80 is the base zoning of the Town and is by no means the most
restrictive zoning categorization in Southold.
The Planning Board endorses the report: "Review of Hamlet
Density Zoning in Southold Town: Report to the Town Board",
its recommendation that the zones of these six properties be
changed from Hamlet Density to a lower density such as R-80.
and
Si cerely,
Richard G~ard
Chairman
Pursuant fo Section 265 of the
Town Law. and ~quimmenta of lbo
Code of the Town of Soedmld, SulYolk
County. New York, a
will be held by tl~ Town Boatd or' the
Town of Southold. al the Soulhold
Town Hall, Main Road, Soulhold,
New York, at g:25 P.M., To.day,
June 2~ !~9~, on Ibe Change of ,~one
on Ihe Town Board's Own Motion
from Hamlet Density (FID) DisntCl
.Low Density II~xtdgmial R-80
on tfte properly of Jem Benlly Co,,
Iocaled on ~ no~h side of Rome 2~,
r 564 fee[ east of Sound Road,
Oi~-npo~. New York. containing 62.3
acres, Suffolk Courtly Tax Map No.
1000-035-1-24.
Any ~ c~siring Io be board on
the pro~:)sed amendmenl should ap-
pear al the lime and place above so
specified.
The legal descripllon of Ibc afof~-
said property is &s follows: Beg~nthng
ar a poim on the nortbedy line of Main
Road (also known as North Road) al
the southeasterly corner of land of
Sthula nad the southweslerly confer of
Ih~ premises herein described, said
peat being 554.44 feel easterly from
the e~terly line ol- Sound road; mn-
nine thence along said land of Sinutn
N'26°56'20"W.-240.77 feet to land of
Sledjcski; Ihence along said land two
courses; (ii N.30°$8'00"W._i98.2B
feet; thence (2) S.66°00'30-W -389.47
feet fo land of Harrower. thence along
said land nnd along land of others two
courses: (1) N.27°4?'30-W._$46.67
feet', Ihence (2) N.27°33'20',W..
1306.69 rccl lo Long Island Sound;
thcncc along Long Island Sound four
courses: fl} N.60°32'20"E._342.0 feet;
tboncc (2) N.58°I0'00"E._386.0 feet;
thence (3} N.66°I0'00"E._342.0 feet;
thence (4} N.79~13'30"._357.33 feet IO
land of LBV Properties; thence along
said land four courses: (I)
S-21°34'40'E.-410.0 I'e~t; thence (2!
S.21°05'30"E.-962.87 feet; thence (3)
S.76°30'30'W--376.40 feet; Ihenc~ (4)
S'30016'30"E.-1095.$3 feet lo Main
Road; therlce along Main Road two
courses: (I I S.78°09'20"W -329.44
feet; thenc~ (2) S.75°15'00"W..2,46.26
feet lo the point ol- be&qnning
Dated: May 31, 1994.
JUDITH T. TERRY
SOUTI4OLD TOWN CLERK
7960- ITJu. 16
STATE OF NEW YuRK)
) SS:
LUNTY OF SUFFOLK)
___ of Mattituck, In
said County, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMF-~. a
Weekly Newspaper, published at Mattituck, in
the Town of Southold. County of Suffolk and
State of New York. and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for ~ weeks successively. ~o~menclng on
the I(~ day of ~O~J~.- 19(~[,
Nota~ Pubhc, State of New York
No. ~00¢88,~
Qualified in Suffolk CounW ~'/] Principal Clerk
Commissioe Expires Nove,.nber 23, 19~._.~ .
Sworn to before me this
LEGAL NOTICE
NOTICE OF HEARING
ON PROPOSAL
TO AMEND
ZONING CODE AND MAP
Pursuant to Section 265 of
the Town Law, and re-
quirements of the Code of the
Town of Southold, Suffolk
County. New York, a public
hearing will be held by the
Town Board of the Town of
Soutl%old. at [he So,hold
Town ;iI2Ia[l, Maih ~oad.
Southold, New York, at 8l~,$.
P.M., Tuesday, June 28, 1994,
on tl~e Change of Zone on the
Town Board's Own Motion
from Hamlet Density (HD)
District to Low Density
Residential R-80 District on
the property of Jem I~alty
Co., located on the north side
of Route 25, 564 feet east of
Sound Road, Greenport, New
York, containing 62.3 acres,
Suffolk County Tax Map No.
1000-035-1-24.
Any person desiring to be
heard on the proposed amend-
ment should appear at the
time and place above so
specified.
The legal description of the
aforesaid property is as
follows: Beginning at a point
on the northerly line of Main
Road (also known as North
Road) al the southeasterly cor-
ner of land'of Sinuta and the
southwesterly corner of the
premises heroin described, said
point being 554.44 feet easter-
ly from the easterly line of
Sound Road; running thence
along said land of Sinuta N.
26° $6' 20" W. 240.77 feet to
land of Sledjeski; thence along
said land two courses: (1) N.
30° 58' 00' W. 198.28 feet;
thence (2) S_ 66° 00' 30" W.
389.47 feet to land of Hat-
rower; thence along said land
and along land of other~ two
courses: (l) N, 27° 47' 30' W.
548.67 feet; thence (2) N. 27°
33' 20" W. 1306.69 feet to
Long Island Sound; thence
along Long Island Sound four
courses: N. 60° 32' 20" E.
J$6.27 feet; thence (2) N.
I0' 00" E. 386.0 feet; thence
(3) N. 66° 10' 00' E. 342.0
feet; thence (4) N. 79° 13' 30"
E. 357.33 feet of land of LBV
Properties; thence along said
land four courses: (1) S 21 ° 34'
40" E. 410.0 feet; thence (2) S.
21° 05' 30' E. 982.87 feet;
thence (3) S. 76° 30' 30" W.
376.40 feet; thence (4) S. 30°
16' 30" E. 1085.53 feet to
Main Road; thence along
Main Road two courses: (I) S.
78° 09' 20" W. 329.44 feet;
thence (2) S. 75 ° 15' 00' W.
246.26 feet to the point of
beginning.
Dated: May 31, 1994
JDDITH T. TERRY
SOUTHOLD TOWN CLERK
IX-6/16/94(15)
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn,
says that she is the Editor, of the
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
Traveler-Watchman once each week
for
/ .weeks
Swor~l to before me on this
.... /.4...day of
Notary Public
BARBARA k $CHNBDER
NOTARY PUBLIC, State ol Nee ¥~1
No. 4B06~4~
Qualified in Suff~tk ¢.~ ~
Commission E~pirel 3/:9,,/~
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 9th day of June 1994,
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 Hearing on Proposal to Amend Zoning Code and
Map, 8:25 P.M., Tuesday, June 28, 1994, Southold Town Hall, on the
change of zone on the Town Board's own motion from HD to R-80 on
the property of Jem Realty Co.
Sworn to before me this
9th day of June
Judith T. Terry~
Southold Town Clerk
1994.
NotSry Publid'
UNDA ..I. COOPER
Notary Pu~,~ic. Ste:e of N~w York
No. 4~t22563. Suffolk ~'ounty.~. s
-- - '-" '- -- -' "~-~' LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING CODE AND MAP
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 8:25 P.M., Tuesday, June
28, 1994, on the Change of Zone on the Town Board's Own Motion from
Hamlet Density (HD) District to Low Density Residential R-80 District on
the property of Jem Realty Co., located on the north side of Route 25, 564
feet east of Sound Road, Greenport, New York, containing 62.3 acres,
Suffolk County Tax Map No. 1000-035-1-24.
Any person desiriP, g to be heard on the proposed amendment should
appear at the time and place above so specified.
The legal description of the aforesaid property is as follows: Beginning
at a point on the northerly line of Main Road (also known as North Road)
at the southeasterly corner of land of Sinuta and the southwesterly corner
of the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound road; running thence along said land of Sinuta
N.26°56'20"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (1) N.30°58'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.47
feet to land of Harrower; thence along said land and along land of others
two courses: (1) N.27°47'30"W.-548.67 feet; thence (2) N.27°33'20"W.-
1306.69 feet to Long Island Sound; thence along Long Island Sound four
courses~ N.60°32'20"E.-356.27 feet; thence (2) N.58°I0'00"E.-386.0 feet;
thence (3) N.66°10'00"E.-342.0 feet; thence (4) N.79°13'30"E.-357.33 feet
to land of LBV Properties; thence along said land four courses: (1)
S.21°34'40"E.-410.0 feet; thence (2) S.21°05'30"E.-982.87 feet; thence (3)
S.76°30'30"W.-376.40 feet; thence (4) S.30°16'30"E.-1085.53 feet to Main
Road; thence along Main Road two courses: (1) S.78°09'20"W.-329.44 feet;
thence (2) S.75°15'00"W.-246.26 feet to the point of beginning.
Dated: May 31, 1994.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JUNE 16, 199q, AND FORWARD ONE
OF PUBLICATION TO JUDITH TERRY, SOUTHOLD TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
(1) AFFIDAVIT
CLERK, TOWN
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING CODE AND MAP
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 11:25 P.M., Tuesday, June
21l, 199~t, on the Change of Zone on the Town Board's Own Motion from
Hamlet Density (HD) District to Low Density Residential R-80 District on
the property of Jem Realty Co., located on the north side of Route 25, 564
feel: east of Sound Road, Greenport, New York, containing 62.3 acres,
Suffolk County Tax Map No. 1000-035-1-24.
Any person desitin§ to be heard on the proposed amendment should
appear at the time and place above so specified.
The legal description of the aforesaid property is as follows: Beginning
at a point on the northerly line of Main Road (also known as North Road)
at the southeasterly corner of land of Sinuta and the southwesterly corner
of the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound road; running thence along said land of Sinuta
N.26°56'20"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (1) N.30°58'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.47
feet to land of Harrower; thence along said land and along land of others
two courses: (1) N.27°47'30"W.-548.67 feet; thence (2) N.27°33'20"W.-
1306.69 feet to Long Island Sound; thence along Long Island Sound four
courses: N.60°32'20"E.-356.27 feet; thence (2) N.58°10'00"E.-386.0 feet;
thence (3) N.66o10'00"E.-342.0 feet; thence (4) N.79°13'30"E.-357.33 feet
to land of LBV Properties; thence along said land four courses: (1)
S.21°34'40"E.-410.0 feet; thence (2) S.21°05'30"E.-982.87 feet; thence (3)
S.76°30'30"W.-376.40 feet; thence (4) S.30°16'30"E.-1085.53 feet to Main
Road; thence along Main Road two courses: (1) S.78°09'20"W.-329.44 feet;
thence (2) S.75°15'00"W.-246.26 feet to the point of beginning.
Dated: May 31, 1994.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JUNE 16, 1~1911, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, SOUTHOLD TOWN CLERK, TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
JIJDITH T. TERRY
TOWN CI~RK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICP~R
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Tov. n Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516~ 705-1823
Telephone 1516) 765 1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SEQR
NEGATIVE DECLARATION
Noti~ of De. termination of Non-$1gni6can~
~ination of $i~nificance
Town Board
of the Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date: May 31, 1994
This notice is issued pursuant to Part 617, of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review) of file Environmental Conservation Law.
The lead agency has determined that the proposed action described below will not
have a significant effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Action:
SEQR Status:
Project Description:
Change of Zone on Town Board's Own Motion
SCTM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
Unlisted Action
The project which is the subject of thi~ Determination,
involves a the change of zone of 62.3 acres from "Hamlet
Density" to "Residence-80". The project site conmlns
freshwater wetlands and a mix of forested and old field
Pa~ 1 o~3
SCTM Numl~:.
Location:
"HD" Ch~noo~ og Zo~
SEQR DemrmlnaClon
habitats. The site is also adjacent to Long Island Sound
The proposed project is one of six (6) change of zones
being c~nsidcred by the Town Bo~rdat thi~ time in the
same geographic area.
1000-35-1-24
The site consists of 62_3 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
unincorporated portion of Greenpo~
The Town Board is reviewing thi~ project simultaneously
with the following applications:
Chh.ge of Zone on Town Board's Own Motion
SCTM~ 1000-40-3-1
s/s CR ~ moro thnn 1000' e/o Chapel lane, Greenport
Proposed COZ on Town Board's Own Motion
SCI'M# Hill-40-4-1
s/s CR 48, 400 foot w/o Moore's Lane~ Greenpert
Proposed COZ on Town Board's Own Motion
SCTM# 1000-35-1-25
n/s CR 48, 1,139 feet e/o Sound Road, Groenport
Proposed COZ on Town Board's Own Motion
$CTM# 100045.2-103
e/s Chapel l-~ne' Grgenport
Proposed COZ on Town Board's Own Motion
5CTM# 100045-2-1
s/s CR 48, 805 feet o/o Chapel lane, Gre~nport
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and 1I, and the following specific reasons:
(0
· rig 5ullj~4:~ change O_~ zoning does not e..v.c~cd any of thc criteria for determining ~ignil%.anc~ of aa action
that would warrant the preparation of a Draft ElS. Conversely, thc action will mlnim;7¢ potential
environmental impacts thereby pros4d;-g support for issuance of a Negative Declaration_
The proposed project will reduce the potential development density on the subje~ site. As a result,
d~nsity de. rived impacts hldudln~ water u~.; rmnltary waste volume; disturbanc~ of land; traffic
gcncration; and solid wastc gcncration will tdso be reduced_ Accordingly, thc subjcct change of zoning
e. xpe~A to reduce tim impact of slte development with rcgard to the.qc impact arca~, as compareat to
~lllgrent zonin~
Pag~ 2 or3
UHD~ Chnn~o~ of Zone
SEQR Deler~i-,*flon
(3)
Thc proposed zoning iS Consistent ~ land u~c and zoning of surrounding I~n&, and ~ therefore not
cause a sigdilicant impact. A~ a result, the proposed ~hnn,,~ of zoning., will have a benefi~al hnpact upon
land use in the area of the site.
O)
Coniideralion has been given ~o thc review of thc proposed z~nc rh~ag¢ conducted by a con.s.lr:~nt to
thc Town Board, which c~ncludc~ the following with regard to &c site in comiderahon of unique ~e
r~seurc~: 'Th~ fi~ai.~ sngg~st ~h~t any development on this site w~l hav~ cnvironmen~l impact.
OHr inltinl impre.~ion h flint re.7.~nln~ to 'R=t~' re.~idential wi~ provide a signi~cant in~ measure
of protection for thc environment than flU: "H~" zoning now pfovid~.s.
Consideration has buen given to a planning document prepared by thc Sonthold plnnni.~ Staff entitled,
"Revle~ of HwTd~ Z)en~i~/ Z~ng in Sout/wM To~n - ~V~..von fo ~'~ Town Bo~d" dated February 1994.
This rcport concludes thc following with regard to the site in con.slderalton of unique site resource,s:
"This parcel could be developed in a manner not requiring multiple d~n~iO, u~e~. R~oning to a lower
d~nsity b recommended"
(~)
The subje.~ site contnin~ uniqu~ resources, and appro~fmntely 67 percent of the site is considered
me. adow/br-~hl:md and the remaining 33 percem of the site is forested. The site is ak,,~ situated on Long
Island Sound. The proposed ,'hange of ZOning will minimiTe impact upon tim Long l~land Sound and it's
associated bluffs, as well as the upland resources by redv,'i-g the potential land use density adjacent
these habitats. In addition, the lower potential land use density will provide more flea6ble land us~
options to mmdmize setbacks and ensure preservation of unique wildllf¢ habital areas.
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town of Southold
Address:
Phone No.:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(516) 765-1800
Copies of this Notice Sent to:
Commissioner-Department of Environmental Conservation, 50 Woff Road, Albany, NY
12231
Regional Office-New York State the Department of Environmental Conservation, SUNY @
Stony Brook, SWny Brook, NY
Suffolk County Department of Health Services
Suffolk County Department of Health Services
NYS Legislative Commission on Water Resource Needs of Long Island
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Buildin§ Department
Villa§e of Greenport
$outhold Town Clerk's Bulletin Board
Jem Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y. 10019
Pnge 3 of 3
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095Main Road
P.O. Box 1179
Southold. New York 11971
Fax 1516} 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 MAY 31. 199a,:
WHEREAS, the Town Board of the Town of Southold has proposed a change of zone
on their own motion from Hamlet Density (HD) Residential District and Low Density
Residential R-q0 District to Low Density Residential R-80 District on the property
of Jem Realty Co., located on the north side of Route 25, 564 feet east of Sound
Road, Greenport, N.Y., containing 62.3 acres, SCTM #1000-035-1-24; and
WHEREAS, the proposal has been referred to the Southold Town Planning Board and
the Suffolk County Department of Planning for their recommendations and reports,
all in accordance with the Southold Town Code and the Suffolk County Charter;
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:25 P.M., Tuesday, June 28, 1994,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the aforesaid change of zone; 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.
Judith T. Terry
Southold Town Clerk
June 1. 199q
JUDITH T. TERRY
TOWN CLERK
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, Ney, York 11971
Fax 1516} 765-1823
Telephone (516) 705-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 31. 199q:
RESOLVED that this notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 (State Environmenta! Quality Review) of the
Environmental Conservation Law. The Town Board of the Town of Southold has
determined that the proposed action described below will not have a significant
effect on the environment and that a Draft Environmental Impact Statement need
not be prepared.
Property of: Jem Realty Co.
Title of Action: Change of Zone on Town Board's Own Motion
SCTM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
Unllated Action
SEQR Status:
Project Description:
Theproject which is the subject of thla Determination,
involves a the change of zone of 62_3 acres from Hamlet
Density" to "Residence-80". The project site contains
freshwater wetlands and a mix of forested and old field
habitat~. The site is also adjacent to Long Island Sound.
The proposed project is one of six (6) change of zones
being considered by the Town Boardat thN time in the
same geographic area.
1000-35-1-24
Location: The site consists of 623 acres and is located on the north
side CaR 48, 564 feet east of Sound Road, in the
unincorporated portion of GreenporL
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
si~mnilqrance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and R, and the following specific reasons:
0)
The subject change of ZOning does not e. xrc. ed any of the criteria for determining sig~ficanc,- of an action
that would warrant thc preparation of a Draft EIS. COnversely, th~ action will rnlnlm;?~ potential
environmental impacts thereby providing support for is.man~ of a N¢_oativc Dex. laratioo.
Th~ propos~ projm:t will redtw.~ iht: pot~nti~,l deveaopment denaitat un the subiea site. As a result,
density derived impac~ includin~ water ns~; saaitaty waste vohune; di.sturbunc~ of land; traffic
guncradon; and solid wastc gencragon will also bc reduced. Accordingly. thc subject ~an~ae of ~rmin_a iS
~ed to reduce the impact of site development with regard to these impact area.% as compared to
~:llgrcn~ zoning
Th~ proposeat zoning is comlstcnt ~ land ~ and ?nning Of surrounding lands, and will ther~for~ not
cun.~ a .igniiq~'ant impact. As a result, thc prop~-~ change of zoning will have a bcnefi~ impact upon
Consideration has beta given to tl~ review of tl~ prol~-g zone eh*nEc conducied by · cnns"ltant to
th~ Town B~ard; which concledns ~ f~llow/ng with regard to thc sit~ in consideration of uniqu~ siic
rnsourcc~ 'These findings su~c~ that any development on ~ site will have unvlroumental impacts.
Our ~ impre.~on is that rezoning to "R-~O' rnsjat~ntial will provide, a ~ignifit-~nt increaa~ measure
o[ protexiion for the environment than thc 'liD' z~ning now provides.
Comiduration has been ~iven to a planning documeat prepared by thc Southold Plan~ Staff entitled,
*P. eview of Harnl~ Densily Zoning in $outhoM Town - P. epon to the Town Bunrd' dated Februa~ 1.994.
This report concludes thc following with regasd to thc site in consideraitoa of uniqun site resources:
'This parcel could be developed in a manner not requiring multiple de. nsiO, us~. Rt~oning to a lower
Thc subject site contain, unique resources, and approximately 67 perc~nl og the site is considered
meadow/Oornnhl~nd and thc remaining 33 p~rcunt of thc site is forested. The site is ~ situated on Long
Inland Sound. Th6 proposed change of zonin~ will minimiT~ impact upon the. Long Inland Sound and it's
a.~ocia~ed blul~, as well as thc upland resources by teduelng [~ potential L~nd Use density adjacent
thc,sc habltat~ In addition, thc lower potentlnl land ns~ dun~ity will provide more flesiblc land ns~
options to maximize setbacks and ensure prc.~rvation of unique wildlife habitat areas.
Judith T. Terry
$outhold Town Clerk
June I. 199q
JUDITH T. TERRY
TOWN CLERK
REGISTI~Ai1 OF VITAL STA2ISTICS
MARRIAGE OFFICER
RECORI)S MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 1516J 765 1823
Telephone (5161 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 31, 199q:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the proposal of Cramer, Voorhis & Associates, Inc., in the amount of $80.00
per declaration, for the preparation of SEQRA Declarations for the proposed
Hamlet Density Zoning on the Town Board's own motion on the following
parcels: Kace Realty Co., John Geier & Ano., LBV Properties, San Simeon
Retirement Community Inc., John G. Siolas & Catherine Tsounis, and Jem
Realty Co.
dith T. Te~ry/~
Southold Town Cler~k
June 1, 199a,
CRAMER, VOORHI~ &:~SSOCIATES
ENVIRONMENT~D p~;I~N~ i~lG CONSULTANTS
' ~ .~,;,~7 ',~
May20, 1994
Ms. Judith T. Terry, Town Clerk
Town of Southold
53095 Mnln Road
P.O. Box 1179
Southold, New York 11971
RE: Proposed HD Rezonings on Town Board's Own Motion
SC'TM # 100-40-3-1, 40-4-1, 35-1-25, 45-2-10.3, 45-2-1 and 35-1-24
Dear Judy:
Attachedplease find copies of the draft SEQRA determinations for each of the
above referenced parcels. They have been formatted so they ran be xeroxed directly onto
the Town's stationary without retyping, should you find them acceptable. If there are any
questions with regard to them, please feel free to give me a call.
TWC:cc
enclosures
Enclosed you will find a bill for services with regard to the preparation of the Long
EAF's on the above referenced parcels. This is consistent with the resolution adopted at the
March 8th Town Board meeting which authorized us to undertake the work. Also enclosed
is a proposal for services in completing the atttached SEQRA determinations and the bLLI for
same. As we discussed thin morning our proposal of March 8th and the Town Board
resolution of that same date only authorized the preparations of the Long .E. AF's. The
attached proposal is self-explanatory. ...-'
Tbanlr you for your attention to thin matter. Again; if we can,b'e of any__further
assistance, please feel free to give ua a call. / .,%...--"
Ve
,/ /fl'hornas W. Cramer, ASLA
54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455
SEQR
NEGATIVE DECLARATION
Notic~ of Determination of Non-SiL2~ificanc~
~ination of Significanc~
Town Board
of the Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date: May 31, 1994
This notice is issued pursuant to Part 617, of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law.
The lead agency has determined that the proposed action described below will not
have a s/?ifieant effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Actiom
SEQR Status:
Project Description:
Change of Zone on Town Board's Own Motion
SCI'M# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
Unlisted Action
The project which is the subject of thix Determination,
involves a the change of zone of 623 acres from "Hamlet
Density" to 'Residence-80". The project site contains
freshwater wetlands and a mix of forested and old field
Pnge lof3
SCTM Number:.
Location:
*HD' Chan~ O[ Zone
SEQR Determination
habitats. The site is also adjacent to Long Island Sound.
The proposed project is one of six (6) change of zones
being considered by the Town Boardat this time in the
same geographic area.
1000-35-1-24
The site consists of 62.3 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
unincorporated portion of Greenport.
The Town Board is reviewing thi~ project simultaneously
with the following applications:
Chh-ge of Zone on Town Board's Own Motion
SCTM~ 1000-40-3-1
s/s CR 4~ more tha. 1000' e/o Chapel Lane, Greenport
Proposed COZ on Town Board's Own Motion
SCTM# 1000-40-4-1
s/s CR 4~, 400 feet w/o Moore's l.an~., Greenport
Proposed COZ on Town Board's Own Motion
SCl'M# 1000-35.1-25
n/s CR 48, 1.139 fee~ e/o e~und Road, Greenport
Propn~l COZ on Town Boaxd's Own Motion
SC'TM# 1000-45.2.10.3
Chapel Lan~ Greenport
Proposed COZ on Town Boa~d's Own Motion
~CTM # 1000-45-2-1
s/s CR 48, 805 feet e/o Chapel Lane~ Grcenport
Reasons Supportin~ This Determination:
This determination is issued in full consideration of the criteria for determinntion of
si~vnificance co~tained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and 1I, and the following specific reasons:
O)
Thc subject change of zon;.~ docs not e. xce. e..d any of the crilcria for detgrmlnln~ si~m~ificance of an action
th~r would wan'ant file preparation of a Draft Elg~ C. onvers~ly, the action will minlmiT~ potenti~l
cnvironmemal impecr~ ~aeruby providl.g support for issuance of a Negative Dcdarafiom
'Fac pro?~-~d project will rcduee thc pOtcnrhl d~vclopmcot deesiiy on ~ s~j~ ~tc. ~ a r~
~ ~ ~pa~ ~;-~ w~ ~; ~ w~ v~c; ~b~ of ~ ~c
~r~o~ ~d ~fid w~tc gc~r~ofl ~ sl~ ~ r~ A~rflin~ly. ~ s~j~ change of~nlng ~
~ to r~u~ ~ ~ of ~e ~velopme~ ~ re~d to ~ ~ ~ ~ ~m~ to
~c~ ~nin~
Pngt 2 of 3
Change of Zone
SEQR Determination
(3)
Th~ proposed zoning is conqi~cnt with land ~ and z~ning of surroundinE lands, and will therefore not
galL~ a li~oniFieint impact. As a rcsulg thc proposed change of zoninE will have a beneficial impact upon
(4)
Consideration ~ be.~n given to tl~ review of the propo~.d zon~ eh~n~o~, conducted by a c. on~nlt.nt to
the Town Board, which concludes flu: following with regard to the site in consideration of unique site
I~.~Ol~x' ~ £wdln~o~ 8~ge~ that ~y dcvclopmcul on this sRc will bav~ environmental impacl~.
Om' initial impre.,~ion is thzt rfiZOnlng tO 'R-~)' re. gidentinl will provid~ a significant increased measure
of protection for th~ eflviroumen~ than ~ *liD* 2Dnln~ flOW provides.
Con.side. ration has be~n ~ivcn to a phnnl.g document prepared by the Southold pla. ni.o Staff entitle, d,
'Rvvi~ of Hamlet Density Zoning in $outhold To~n - Report to the Town Board' dated February 1994.
~ relx~rt concludes the followi~ with regard to thc site in considcralton of unique rite resources:
'This parcel could be developed in a manner not requiring multiple den,vity use~. P, ezoning to a lower
(~)
Tie subje~ slg coot~in~ imiquc rcs~ufce.% and appr~atcly 67 ~r~ ~ ~ ~te h ~r~
m~dow~rn~hl~-4 ~d ~ rcm~ ~ ~ of ~e ~ ~ for~ ~ ~e ~ ~ ~t~ on ~
l~hnd ~ ~ pro~ ~ of ~ni.~ ~ mlnimi~e. ~pa~ u~n ~ ~ l~lan4 So~ ~ ~'S
~ blnff~ ~ wcU ~ ~ up~ r~m~ by r~uN-g ~e potential ~ ~ ~ adja~
· ~ ~bRa~ ~ ad~fio~ &e lower ~e~ ~d ~ de~ ~ pro~ more fl~ble ~d ~
opfio~ to m~miTe. ~tba~ ~d e~o pr~afioa of ~que ~e ~b~ ~.
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town of Southold
Address:
Phone No.:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(516) 765-1800
Copies of this Notice Sent to:
Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY
12231
Regional Office-New York State the Department of Environmental Conservation, SUNY @
Stony Brook, Stony Brook, NY
Suffolk Coun~ff Department of Health Services
Pa~3 o~3
CRAMER, VO~RHtS, &.?A~SOCIATES
ENVIRON M ENT~,'P,.'~ G CONSULTANTS
'.~ ,y,i// .~\\
May 20, 1994
Ms. Judith T. Terry, Town Clerk
Town of Southold
53O95 Main Road
P.O. Box 1179
Southold, New York 11971
Preparation of Declarations for Proposed Hamlel Density Zoning on the Town
Board's Own Motion
SCTM # 100-40-3-1, 40-4-1, 35-1-25, 45-2-10.3, 45-2-1, 35-1-24
Dear Judy:
As per your request the following will serve as a proposal for services with regard to
the above. It is our understanding that the Town Board wishes to consider the rezonin~s of
the above six (6) parcels from Hamlet Density to Residence 80. We have previously
prepared the long E, AF's for each parcel which the Town has circulated in accordance with
the rules and regulations of SEQRA. Prior to making a final determination declarations of
significance must be made.
In our proposal of March 8th and the subsequent Town Board resolution of that same
date, CVA proposed to prepare the Long EAF's. This proposal did not, however, include
preparation of the above referenced declarations on each parcel.
. CVA proposes to prepare the necessary SEQRA declarations for the Town Board's
review at a cost of $80 per declaration for a total of $480.
I hope that the Board will find the above proposal acceptable. If'~ere are any
questions, please feel free to contact me. /
It should be noted that we have taken the liberty of completing the declarations,
anticipating the Town Board's approval.
Very
TWC:cc
54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
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
Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board
of the Town of Southold hereby refers the following proposed zoning action to the
Suffolk County Department of Planning:
New Zoning Ordinance
Amendment of Zoning Code
X Amendment of Zoning Map (Change of Zone)
Location of affected land: North side of Route 25, 56~1 feet east of Sound Road,
Greenport, N.Y.
Suffolk County Tax Map No.: 1000-035-I-24
Within'500 feet of:
X The boundary of any village or town
The boundary of any existing or proposed county, state or federal park.
X The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway.
The existing or proposed right-of-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.
Airport
COMMENTS:Chancle of zone on the Town Board's own motion from Hamlet
Density (HD) Residential District and Low Density Residential R-~I0 District
to Low Density Residential R-80 District on the property of Jem Realty Co.
Date: May 20, 199a,
~'Judith T. Terry~/
Southold Town Clerk
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 1516) 765-1823
Telephone (5161 765-1801
May 20, 1994
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Gentlemen:
Transmitted herewith map of of a proposed change of zone on the
Town Board's own motion from Hamlet Density (HD) Residential District and
Low Density Residential R-40 District to Low Density Residential R-80
District on the property of Jem Realty Co.
Please prepare an official report with respect to the proposed change
of zone, and transmit same to me. Thank you.
Very truly yours,
Judith T. Terry
$outhold Town Clerk
Attachment
JUDITH T. TERRY
TOWN CLERK
RE. GIST[tAR OF' VITAL STAqlSTICS
MARRIAGE OFFICE[-'.
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 1197 [
Far. 15161 765-1823
Telephone (5167 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 16. 199~,:
WHEREAS, the Town Board of the Town of Southold has proposed a change
of zone on their own motion from Hamlet Density (HD) Residential District
and Low Density Residential R-40 District to Low Density Residential R-
80 District on the property of Jem Realty Co., located on the north side
of Route 25, 564 feet east of Sound Road, Greenport, N.Y., containing 62.3
acres, SCTM #1000-035-1-24; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is directed to transmit
this petition to the Southold Town Planning Board and the Suffolk County
Department of Planning, all in accordance with the Southold Town Code and
the Suffolk 'County Charter.
Southold Town Clerk
May 17, 199q
DEPARTMENT OF' HEALTH
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
Judith T. Ten'y, Town Ocrk
Town of $outhold
Town H,'dl - 5309'5 Main Road
P.O. Bo;; 1179
Southold, Ncw York 11971
John Oeiger & Another, $CTM: 1000-40-04-01
K~cg Realty Co., $CTM: 1000-40-03-01
San Simeon Rcti~mcnt Commutdty Inc., SCTM: 1000~,5-02-10.3
Scm Realty Co, SC'TM: 1000-40-0.35-01-24
LI)V PropoSes, SC'TM; 1000-40-035-01-25
J~t:C~rVFP,
Southold Tr,~,,,,
Dear Ms. Terry:
The Suffolk County Department of Health $ctvic,'s ($CDHS) has received your letters dated April 1 I, 1994,
concemlng tim abov~-re£e~nced Choose oEZo~e applicadorls, and has no objection lo the Town's designation as lead
'~[is ¢orl~spondcnc~ ~ intended primasily to expedite the procedural requimmenu of $EQRA pertaining to die
~tnbli.shmen! o£ lead agency,
The $CDHS fully suppoas ~l effo~ lo m,'uimixc prolccdon of nalur;d ~..source~ which may bE impacted upun
by eoo~tracdon and dcwhq)mont adivitie$. It ~ the posilion of thc depamnent thai the $EQRA review procc~,s
provides die gmate.~t opponutdty for comprehcn.sive con~ider, ulon of these resources, :md dial 'all practicable
plarmlng measures should bc employed to help cnsu~ their protection.
Ofpardcul~ concern to depaflmcm is the adequate protection of well;mdt, surface waten, natura! communities,
contiguous nntut~ babir~s, n,~d ram, thrcalened aid e~idangcrcd species. In addition, effofls to pro~cl sensitive
physical resouree~ ~ucb gtoundwatcre, dunce, blu/fa, shorelines, nntural drainage c 'b~uncls, 8ruuudw:ttor
red,argo ogees, end steep slopes ate fuUy supported and encouraged by die SCDH$.
Additlona] lnformaUon may bc provided prior to die close of the esh*tbUshed co,uncnt period. Should you have
any q,cstiom or ~qulze addidon;d information, please feel fn.'e to comact the Office of Ecology at 852-2078.
ce: Vito Mioei, P.E. Stephen Costa, P.~,
Frank. Dowlin8, SC Plenning
Shtce~ly,
M~k I. Rcuscblc
Envjt*onmental Plarmcr
Office of Ecolo$y
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. {GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES. A.I.C.P.
April 19, 1994
Town Clerk
Town of Southold
Applicant: Town of Southold
(Jem Realty Co.)
Zoning Action: Change of zone from ED & R-40 to R-80
Location: SCTM #1000-35-1-24
S.C.P.D. File No.: SD-94-7
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 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,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
RODERICK VAN TUYL (L.S.J
COLIN VAN TUYL
RFIDERICK VAN TUYL, P. C.
Licensed Land Surveyors
218 FRONT STREET
GREENPORT, NEW YORK 11944
(516) 477~170
April 27, 1994
Description: Property of Jem Realty Co.
"North Road", Greenport
Beginning at a point on the northerly line of ~in Road (also known
as North Road) at the southeasterly corner of land of Sinuta and the
southwesterly corner of the premises herein described, said point being
554,44 feet easterly from the easterly line of Sound Road; running thence
along said land of Sinuta N.26°56'20"W.-240.77 feet to land of Sledjeski;
thence along said land two courses:
]) N.30°58'OO"W.-198.28 feet; thence
2) S.66°00'30"W.-389.47 feet to land of Harrower; thence along said land
and along land of others two courses:
1) N.27°47'30"W.-548.67 feet; thence
2) N.27°33'20"W.-1306.69 feet to Long Island Sound; thence along Long
Island Sound four co~rses:
l) N.60°32'20"E.-356,27 feet; thence
2) N,58°lO'OO"E.-386.0 feet; thence
3) N.66°lO'OO"E.-342.0 feet; thence
4) N.79°13'30"E.-357,% feet to land of L.B.V. Properties~ thence along said
land four courses:
1) S.21°34'40"E,-410,0 feet; thence
2) S.21°05'30"E.-982.87 feet; thence
3) S.76°30'30"W.-376.40 feet; thence
4) S.30°16'30"E.-1085.53 feet to ~in Road; thence along Main Road two courses:
1) S.78°09'20"W.-329.44 feet; thence
2) S.75°15'00"W.-246,26 feet to the point of beginning.
Containing 60.366 acres.
Roderick Van Tuyl
To: Southold Town Clerk
THOMAS H. WICKHAM
SUPERVISOR
April 12, 199~,
Town Hall, 53095 Main Road
P. O. Box 1179
Sou/hold, New York 11971
Telephone (516) 765 - 1800
Fax (516) 765 - 1823
Stephen Jones, Director
Suffolk County Planning Department
12th Floor
Veterans Memorial Highway
Hauppauge, NY 11788
Dear Steve:
In January the Town of Southold asked its planning staff to conduct a review
of eight vacant properties that were zoned Hamlet Density (HD) in order to
determine whether they should so remain. The HD zone permits four dwelling
units per acre and represents our most intensive residential zone.
A report was issued in February, a copy of which is enclosed for your
information. Earlier this month, the Town Board began a coordinated
environmental review on six of these properties in anticipation of conducting
a public hearing on rezonin9 them from HD to R-80, which is our two acre
residential zone.
With this letter, I am requesting the assistance of your planning staff in the
preparation of information related to the HD rezonings; specifically an
analysis of the potential yield and return for each of the subject properties
under the R-80 zoning district. In addition, it would be helpful if your
staff could provide a comparative analysis with the potential yield and return
under the HD zone.
I have enclosed a map and the environmental report for each property. The
Town has not received the surveys yet, which is wh)f the enclosed maps are
copies of site plans and other maps in our files. If you would prefer to work
with the surveys, perhaps copies could be sent when they are completed in a
few weeks.
your//~taff need any additional information, please do not hesitate to
Should
let me knorr./ Thanking you in advance for your assistance, please know that
I am most ~p/preciative of your offer.
I /I
Thomas Wickham
Supervisor
Enclosures
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MAP,~RiAG E OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York l lq71
Fax 1516) 765-1823
Telephone 1516~ 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 11, 1994
Lead Agency Coordination Request
The purpose of this request is
Environmental Quality Review Act-SEQRA)
and 6NYCRR Part 617 the following:
to determine under Article 8 (State
of the Environmental Conservation Law
1. your jurisdiction in the action described below;
2. your interest in assuming the responsibilities of lead agency; and
issues of concern which you believe should be evaluated.
Enclosed you will find the Southold Town Board's findings and a completed Long
Environmental Assessment Form (EAF) to assist you in your response.
Project Name: Jem Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y.
10019, SCTM #1000-035-1-24, property located on the north side of Route 25, 564
feet east of Sound Road, Greenport, N.Y., containing 62.3 acres.
Requested Action: Change of Zone on the Town
Density (HD) Residential District and Low Density
Density Residential R-80 District.
Board's own motion from Hamlet
Residential R-40 District to Low
SEQRA Classification: Type I
Contact Person: Judith T. Terry, Town Clerk, Town of Southold
The lead agency will determine the need for a environmental impact statement
(ELS) on this project. If you have an interest in being lead agency, please contact
this office immediately. If no response is received from you within 30 days of the
date of this letter, it will be assumed that your agency has no interest in being lead
agency.
Page 2
Ac~ency Position:
[ ] This agency has no objection to your agency assuming lead agency status
for this action.
[X] This agency wishes to assume lead agency status for this action.
[ ] Other. (See comments below)
Comments:
Please feel free to contact this office for further information.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
Copies of this request and all attachments to the following:
Commissioner Langdon Marsh, NYS-DEC, Albany
Robert Greene, NYS-DEc, Stony Brook
NYS Legislative Commission on Water Resource Needs of Long Island
Suffolk County Department of Planning
Suffolk County Department of Health Services
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Clerk's Bulletin Board (without attachments)
Je,] Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y.
10019
JUDITH T. TERRY
TOWN CLERK
Town Hall. 53095Main Road
P.O. Box 1179
Southold, New York 11971
Fax {5161 765-1823
Telephone 15161 765 1801
OFFICE OF THE TOWN CLERK
TOWN OFSOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199~,:
RESOLVED that the Town Board of the Town of Southold hereby commences
the lead agency coordination process in regard to the State Environmental
Quality Review Act on the Type I action of proposed rezoning of the
following described property on the Town Board's own motion from Hamlet
Density (HD) Residential District and Low Density Residential R-40 District
to Low Density Residential R-80 District: Tax Map #1000-035-1-24, owned
by Jem Realty Co., containing 62.3 acres, and located on the north side
of Route 25, [;64 east of Sound Road, Greenport, New York.
Judith T. Terry
Southold Town Clerk
April 6, 1994
JUDITH T. TERRY
TOWN CLERK
REGISTI:C~R OF VITAL STATISTICS
MAI~iAG E OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax [516} 765-1823
Telephone 1516} 765- [ 801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199q:
OWNER
PARCEL # 1000-035-1-2il
PROPERTY LOCATION
JEM REALTY CO.
c/o Kontokosta
3q West 5~. Street
New York, NY 10019
North Side Route 25
56ti Feet East of Sound Road
Greenport, NY 11944
WHEREAS, the Master Plan of the Town of Southold and the recommendations
of the Town's advisory Stewardship Task Force have increasingly emphasized
the promotion of growth in and around the hamlet centers, to strengthen their
business prospects while keeping open space and farmland undeveloped; and
WHEREAS, the Town Board has examined and extensively discussed a report
entitled "Review of Hamlet Density Zoning in the Town of Southold" dated
February 199u, which assessed the appropriateness of the zoning of all
undeveloped HD zoned properties in the Town of Southold;
NOW, THEREFORE, BE IT RESOLVED. that the Town Board of the Town of
Southold concludes that HD and R-q0 zoning of this property are not
appropriate for the following reasons:
The cumulative impact of the recent rezoning of this parcel to HD
raised concerns which prompted the review of all HD zoning to
resolve inconsistencies in the placement of all these zones with the
Town's comprehensive plan;
The HD zoning of this site is not consistent with the Town's
comprehensive plan because it encourages high density residential
growth at a significant distance from the nearest hamlet center of
Greenport and encourages suburban sprawl;
The development of an intense residential area near the key
intersection of Route q8 and Route 25 has the potential for
significant traffic generation and will weaken the strength and
economic integrity of the Village of Greenport, a key hamlet to the
Te,," ~ as a whole.
The HD zoning is. not consistent with the R-u, 0 zoning to the
west, the en?ironmentally fragile shoreline to the north, and the
R-80 zoning east of the adjacent HD property, which is also being
proposed for rezoning to R-80; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold
finds that rezoning this property from HD to R-80 is appropriate for the
following reasons:
R-80 is the base zoning of the Town because it retains the open
rural environment so highly valued by year-round residents and
those people who support the Town's economy;
R-80 zoning is most consistent with the zoning on immediately
adjacent properties;
R-80 zoning can best protect those areas with sensitive
environmental features, including aquifer recharge areas and
possible endangered species and the bluffs;
R-80 zoning can best protect the irreplaceable scenic features of
this property, particularly the bluffs along the Long Island Sound.
Southold Town Clerk
April 6. 199~,
JUDITH T. TERRY
TOWN CLERK
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 1516~ 765-1823
Telephone 1516~ 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 199ti:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Roderick
Van Tuyl, P.C., Land Surveyors, to prepare an accurate description of the
following properties by metes and bounds, and three copies of a map of each parcel
showing the zoning classification of the surrounding area within 500 feet of the
parcel:
1.
1000-040-3-1
Kace Realty Co., 43 West 54 Street, New York, N.Y. 10019
1000-040-4-1
John Geier & Ano., c/o Marion Geier, Atlantic Mobile Park,
Box 30, Newport, N.C. 28570
1000-035-1-25
LBV Properties, Suite 210, 898 Veterans Memorial Highway,
Hauppauge, N.Y. 11787
1000-045-2-10.3
San Simeon 'Retirement Community Inc., Main Road,
Greenport, N.Y. 11944
1000-045-2-1
John G. Siolas & Catherine Tsounis, 190 Central Drive,
Mattituck, N.Y. 11952
1000-035-1-24
Jem Realty Co., c/o Kontokosta, 43 West 54 Street,
New York, N.Y. 10019
Judith T. Terry 6/
Southold Town Clerk
April 6, 199ti
P~ ~EL # 8 - 1000-035-1-2q
OWNER
PROPERTY LOCATION
JEM REALTY CO-
c/o Kontokosta
34 West 54 Street
New York. NY 10019
North Side Route 25
564 Feet East of Sound Road
Greenport, NY 1194Lt
WHEREAS, the Master Plan of the Town of Southold and the recommendations
of the Town's advisory Stewardship Task Force have increasingly emphasized
the promotion of growth in and around the hamlet centers, to strengthen their
business prospects while keeping open space and farmland undeveloped; and
WHEREAS, the Town Board has examined and extensively discussed a report
entitled "Review of Hamlet Density Zoning in the Town of Southold" dated
February 1994 which assessed the appropriateness of the zoning of all
undeveloped HD zoned properties in the Town of Southold;
NOW, THEREFORE. BE IT RESOLVED, that the Town Board of the Town of
Southold concludes that HD and R-40 zoning of this property are not
appropriate for the following reasons:
The cumulative impact of the recent rezoning of this parcel to HD
raised concerns which prompted the review of all HD zoning to
resolve inconsistencies in the placement of all these zones with the
Town's comprehensive plan;
The HD zoning of this site is not consistent with the Town's
comprehensive plan because it encourages high density residential
growth at a significant distance from the nearest hamlet center of
Greenport and encourages suburban sprawl;
The development of an intense residential area near the key
intersection of Route ~8 and Route 25 has the potential for
significant traffic generation and will weaken the strength and
economic integrity of the Village of Greenport, a key hamlet to the
Town as a whole.
The HD zoning is not consistent with the R-~0 zoning to the
west, the environmentally fragile shoreline to the north, and the
R-80 zoning east of the adjacent HD property, which is also being
proposed for rezoning to R-80; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold
finds that rezoning this property from HD to R-80 is appropriate for the
following reasons:
R-80 is the base zoning of the Town because it retains the open
rural environment so highly valued by year-round residents and
those people who support the Town's economy;
R-80 zoning is most consistent with the zoning on immediately
adjacent properties;
R-80 zoning can best protect those areas with sensitive
environmental features, including aquifer recharge areas and
possible endangered species and the bluffs;
R-80 zoning can best protect the irreplaceable scenic features of
this property, particularly the bluffs along the Long Island Sound.
March 18, 1994
Iris. Valerie Seopaz
Senior PJnnner
Town of Southold
Main Road
Southold, New York 119/1
Pn)posed Clmnge of' Zone on Town Board's Own Motion
n/s CR 48, S64 bd e/o Sound Road, G _i~OpOFt
li~0-35-1-24~r~el ~
Dear Valerie:
As requested by the Town Board, EAF Parts I and i1 have been prepared for the 62.3
acre site loc. amd on the north side of CR 48, 564 feet east of Sound Road in Crreenj~ort. As
part of our preparation of the EAF Part I we carried out a field inspection of the site on
March 14 and 20,
1994. In our analysis of the site we also ufiliTed a diversity of resources
(topographical mnps, recent aerial photography, site surveys, natural resource maps, soil
survey, etc.). The following is a $1,rnmn~] of the significant information relevant to this
parcel found during our review.
The site is predominantly low growth and yo-nE trees. It is pres-reed that this site
was historically used for agriculture, however there is no evidence that it has been used for
such sometime. The observed
plants included the following: red cedurs, high bush
blueberry, multiflora rose, pussy willow, bayberry, birch, pitch pine, groundsel, cherry, black
locust, and crab apple, as well as numerous herbs/weed species. The presence of high bush
blueberry and pus.y/, willow are usually, wetland indicators, however in this case they are
probably more indicative of clayey soils that retain sJ?ificant moisture.
During the site inspection we observed the presence of northern harrier (previous
inspection identified this species on the adjoining property, see my letter of this date
regarding Parcel 4). This raptor is listed on the NYSDEC State register as a threatened
species. Because of this birds hunting and nestin~ habitats any development, particularly
intensive development could significantly impact it. The old field/developin~ wood land
habitats present on site provide excellent habitat for a variety of wildlife species that are not
common in other habitats. The absence of present human activity on the site will also
provide habitat for species that are less tolerate of man.
According to the Soil Survey of Suffolk County, there are Haven loam, Plymouth
sandy loam and Riverhead sandy ]ohm Soils do not pose any significant con.~trnlnts to
development. The exposed coastal bluff on the northern part of the property suggests that
erosion is taking place. In addition, the exposed bluffs also show indicat~ous that the site
contains more chys then suggested in the Soil Survey. Clay can be seen along the eroded
face of the blu~t~. This coupled with the presences of typical wetland indicator plants (see
above) suggests that on site sanitavj disposal would be a significant problem This is
particularly for any type of intensive development, especially ff the site cannot tie into a
sewage treatment facility off site.
54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455
'HD' COZ Toqm's Own Motion
Pnrcr. I 8
These findings suggest that any intensive development on this site will have
environmental im~. Our initial impression is that rezoninE to 'R-80" residential will
provide a significant increased measure of protection for the environment than the "I-ID"
zoning now provides. Furthermore, we have reviewed the doo~rnent prepared ~ the sta~
'Review of Hamlet Density Zoning in &nUhold Town - Report to the Town Board d,a. ted
February 1994. We concur with the recornmendati6n~ made in that document, to i°~zone
the protnmly to a lower density residen~ use tha~ will protect its sensitive c~astal resources...
I hope the above and the attached EAF Part
any more information with regard to the above or if
invesl~,ations of this site, please contact us.
If we can provide
yotLrS,
Enclosed: EAF Part I & H
1 4-'~6-2 (2/~73-- 7c
817.21
Aprmndlx A
Stete Envlronmentll Qulllty Review
FULL ENVIRONMENTAL ASSESSMENT FORM
SEQR
Purpose: The full E^F is desiljned to help applicanU, and agencies determine, in an orderly manner, whether a project
or action may be significant. The question-of whether an action may b~ significant is not always easy to answer· Frequent-
ly, there are aspects of a proiect that are subiective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis· In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full E^F is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised at three parts:
Part 1: Provides oblective data and information about a given project and iLs site. By identifying basic project
data. it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Parl 2; Focuses on identifying the range of possible impacts that may occur Irom a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentiaUy-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions
Idenlily Ihe Porlions of EAF compleled [or this project: ~,~' Part 1 _-- Part 2 [~Pai'z 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance o[ each impact, it is reasonably determined by the
lead agency that:
A. The project will not result in any large and important impacts) and. therefore, is one which will nol
have a slgniticant ~mpact on the environment, therefore a negalive declaration will be prepared.
B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures descril~d in PART 3 have been required.
therefore a CONDITIONED negative declaration will be prepared.'
C. The project may result ~n one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
· A Conditioned Negatwe Declaration ~s onls, vahd for Unhsted Actions
Change of zone for SCTM~1000-35-1-24
Name of Action
Town of $outhold Town Board
Name ot Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Signature of Respons,ble OIf~cer ,n Lead Agenc,~,
Title of Responsible Officer
Signature ol Preparer (Ii d,lferent from responsible officer)
PART 1--PROJECT INFORMATION
Prepared by Project Spomor
NOTICE: This document is destined (o assist in determinini whether the actio, I~Oposed may ha:: a siinificant effec~
on the environment. Please complete the entire form. Parts A throuih E. Answers to these questions will be considere-'
as Dart of the application for approval and may be subject to further verification and public review. Provide any additiona.
'information you believe will be needed to complete Parts 2 :,nd 3.
It is expected that completion of the full EAF will be dependent'on information currently available and will not involve
new studies, research or investi;ation. If information requirin~ such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION
Change of zone for SCTM~ 1000-35-1-24
LOCATION OF ACTION (Include Slreel Addte'ss, Munlcl~alllty incl Couniy)
H/D SR25, 564 feet E/O Sound Drive, Greenport
NAME OF APPLJCANT/~;PONSOR BUSINES-~ TELEPHONE
Town of Southold Town Board (516) 765-1891
ADDRES~
53095 Main Road
CiTY/laO STATE I
Southold NY ZIP C~O~ 7 1
NAME OF OWNER (If allfetenl)
Jem Realty Co../ C/O Ko-tokosta
ADDREBS
43 West 54th Street
BUSINESS TELEPHONE
( )
New York
DESCRI~IONOFACTION
Change of zone on Town Board's own motion on this
more specifically known as Suffolk County Tax Map
located on the north side of CR 48, 564 feet east
Greenport. Change of zone is from HD and R-40 to
62.3 acre parcel
# 1000-35-1-24
of Sound Drige in
entirely R-80.
Please Complete Each Question-lndicale N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ~Urban [~lndustrial I-ICommercial
~Forest [~Agriculture ~Other
(Brush) 62 3
2 Total acreage ol project area' · acres.
APPROXIMATE ACREAGE
,Meadow or grushland (Nor,-agricultural)Mature brush
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
Water Surface Area
Unvegetated (Rock. earth or fill)
Roads. buildings and other paved surfaces
Other (Indicate type)
3. What is predominant soil type(s) on projecgtssite? HaA, HaB,
a. Soil drainage:
C~Residential (suburban)
Vacant land
PRESENTLY
4 1. 8 acres
2 1. 5 acres
acres
acres
acres
RdB,
f-lRural (non-farml
AFTER COMPLETION
acres
2 1. 5 acres
acres
acres
acres
acres
acres
acres
% of site 'J~lModerately well drained
% of site
~Well drained 15 % of site
~1 Poorly drained
b. If any agricultural land ~s mvolv~Td.~ now many acres of soil are classified within soil group 1 through 4 of the
Land Clas~Jicat~on System~ acres (See '~ NYCRR 370)
Sm Approximate percentale of propose, oiect site with slol:~S: ,,~'0-10% 1
6. I~ project substantially contiiu~s to. or contain a buildini, site, or dis~ricL lisl~ on lhe Sta~e or t~ Nati~l
' Reli~ters of Historic Placesf ~Yes ~o
7 Is project substantially conti~uous to a site listed on the Reiister of National Natural Landmarks~ ~Yes ~o
B. What is t~ depth of the water lable?8- Z8 ' fin fee~)
9. Is site located over a primal, principal, or sole source aquifed ~es ~No
10. Do hunting, fishing or shell fishing op~unities presenlly exist in t~ project area? ~Yes ~No'
11. D~s project site contain any species of plant or animal life that is iden~fi~ as threa~en~ or endangerS?
~es ~No According to C~ame~, Voo:hi~
Identify each species ~o~¢he:n Ra~e~
~2. Are there any unique or unusual [and forms on the projec~ site? (i.e., cliffs, dunes, other geological formations)
Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
I-lYes /~No If yes. explain
14. ' Does the present site include scenic views known to be important to the community? ~'es I--INo
NA
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16 Lakes.
a Name Long Island Sound
17. Is the site served by existing public utilities? '[~Yes ~]No
a) If Yes. does sufficient capacity exist to allow connection?
b) If Yes. will improvements be necessary to allow connection?
ponds, wetland areas within or contiguous to project area:
Size (In acres)
~Yes '~No for
,,l~ Yes '~No
HD zoninq
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 2S-AA.
Section 303 and 304? []Yes ~,~No
19. Is the site located in or substant,ally cont,guous to a Critical Enwronmental Area designated pursuant to Article
of the ECL, and 6 NYCRR 6177 _--Yes /~No
20. Has the site ever been used for the disposal of solid or hazardous wastes? -~Yes .--i_,N° unknown
B. Project Description
1 Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 62_ 3
b. Project acreage to be developed: NA , acres initially; NA'
c. Project acreage to remain undeve)oped NA acres.
d. Length of project, in miles: NA (if appropriate) NA
e. If the project is an expansion, indicate percent of expansion proposed %;
NA
f. Number of off-street parking spaces existing
g. Maximum vehicular trips generated per hour NA
h. If residential: Number and type of housing units: NA
One Family Two Family Multiple Family
Initially
Ultimately
N A
I Dimensions (IJ'~ feet) of largest proposed structure height. ~,dth length
,,, - ',..' ' '- ,. · , : '~cr ~ L'r,', .' ~.,:., [ : . 570- .,
Project is proposed rezoning.
acres uhimateJy. Proposed
COZ .
Condominium
; proposed
(upon completion oi project)?
2. How much natural material (i.e., tuck. earth, etc.) will be removed from the sitef
3. Will disturbed areas be reclaimed? r-lYes I-)No ~[A
a. If yes. for what intend . purpose is the site being reclaimed~
b Will topsoil be stockpiled Ior reclamationl' C3Yes nNo
c. Will upper subsoil be stockpiled for reclamationi' i-lyes nNo
0
4. How many acres of vegetation (trees. 'shrubs. ground covers) will be removed from site1 acres.
S. Will any mature i'orest (over 'IIX) ye,~rs old) or other locally-important vegetation he removed by this project?
i-lYes
6. If single phase project: Anticipated period of construction NA months, (including demolition).
7 If multi-phased:
a. Total number of phases anticipated NA Inumber).
b. Anticipated date of commencement phase I month
c. Approximate completion date of final phase month
d. Is phase I functionally dependent on subsequent phases? r-lYes ONo
8. Will blasting occur during construction? I~Yes C~No
9. Number of jobs generated: during construction NA ; after project is complete
NA
10. Number of jobs eliminated by this project
11. Will project require relocation ol: any projects or facilities? ayes 'llaNo If yes, explain
0 ton~cubic yards
year, (including demolition).
year.
12. Is surface liquid waste disposal involvedt i'-IYes ~i~No
a If yes. indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? I-lYes ~i~No Type
14. Will surface area of an existing water body increase or decrease by proposal?
Explain
I-lYes [qNo NA
15. Is project or any portion of project located in a 1CD year flood plain~ ~Yes
16. Will the project generate solid waste~ [~Yes
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? I--lyes r-INo
c. If yes, give name - location
d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain
,~No
E3Yes E]No
.i7. Will the project involve the disposal of solid waste? lyes
a. If yes. what is the anticipated rate of disposal?
b. If yes. what is the anticipated site life? , years.
18. will project use herbicides or pesticides? [~Yes ~;INo
~j~No
tons/month.
19. will project routinely produce odors (more than one hour per day)? i-lYes ~No
20. will project produce operating noise exceeding the local ambient noise levels? ayes
21. will project result in an increase in energy use? D1Yes '~No
If yes . indicate type(s)
22 If water supply is from wells, indicate pumping capaci~ NA gallons/minute.
23 Total anticipated water usage p~r day NA gallons/day.
~).N o
25..t. pp,K~,als Requital:
City, Town. Village Board I~lYes CINo
City, Town. Village Planning Board nYes I-1No
City, Town Zoning Board [~Yes [~No
City, County Health Department l-lYes I-1No
Other Local Agencies [2]Yes l-INo
Oiher Regional Agencies F1Yes
State Agencies CiYes I-INo
Federal Agencies I-lyes [3No
T¥~
Change of Zone
Submit'Iai
Date
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? .~Yes [~No
if Yes. indicate decision required:
~zoning amendment r-lzoning variance [-1special use permit rnsubdivision Osite plan
[~new/revision of master plan [3resource management plan [-Iother
HD add R-40
2 What is the zoning classification(s)of the site?
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
Wi~th__ouu ~u~,l~ sewer servi£e/ 111 units. With p~zblio sewer service, 202
R-BO
4. What is the proposed zoning of the site?
5 What is the maximum potential development of the site if developed as permitted by the proposed zoning?
31 units
units
6 Is the proposed action consistent with the recommended uses in adopted local land use plans? /~Yes
7 What are the predominant land use{s) and zoning classifications within a V, mile radius of proposed action? To the east, vacant land/HD (also a proposed change of zone) ,
Historic building/LB. Restaurant/LB
5 is the proposed action cismpatibJe wire adlo,n,n~'su'rrounding land uses within a I/~ mile? .J~Yes gNo
9 if the proposed action is the subdivision of land. how many Jots are proposed?
a. What is the minimum lot size proposed?
10 Will proposed action require any authorization(s) for the formation of sewer or water districts? f-lYes ~No
1'1 Will the proposed action create a demand for any community provided services (recreation. education, police.
fire protection)? [~Yes ~NO Potential need if developed under existing zoning.
a. If yes. is ex,sting capacity su[[~c~ent to handle prolected demand; ~Yes (~No Potential (see
.above) .
12 Will the proposed action result in the generation ot tra[fic signi[~cantly above present levels? ,~Yes
unknown-see above.
a. If yes. is the existing road network adequate to handle the additional traffic? I-lYes rqNo
unknown-see ~bove.
D. Informational Details
Attach any additional information as may be needed to clarify your projecL II there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.
~No
residenhial/R40
E. Verification
I certify that the iof~rmation provided above is true to the best of my ~nowledge.
Part 2- "ROJECT IMPACTS AND THEIP MAGNITUDE
leq>or~blUty o( i~ Aim
General Inlormallo~t (Read Carefully)
· In completini the form the reviewer should be iuided by the question: Have my responses and ,q-.terminations been
reasonable! The rev~-~er is no~ expected to be an expert envimemen~l analyst.
· Identifyinl that an impact will be potentially larie (column 2) does ~ot mean that it is alto necessarily IJl~Jflca~.
Any larle impact must be evaluated in PART 3 to determine siinilicance. Iden[ifyini an impact in column 2 simply
asks that it be looked at further.
· The E~mples provided are to assist the reviewer by showinK types ol impacts and wherever possible the threshold of
magnitude that would triuer a response in column 2. The examples am ~er~erally applicable throusIx~t ~ State and
for most situations. But, for any specific pr•iceS or site other examples and/o~ lower thresholds may be appropriate
fo~ a Potential Large.Impact response, thus requirini evaluat~ in Part 3.
· The impacts of each I~oject, on each site, in each locality, will vary. Therefor. t~ examples are illustrative and
have been offered as euidance. They do not constitute an exhausLive list c~ impacts and d~re~olds to answ~ each question.
· The number o[ examples per question do. es not indicate the importance of each question.
· In identifyin~ impacts, consider long term, short term and cumlative el[e~ts.
Imtructlom (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if the~e will be an7 impact.
b. Maybe answers should be considered as Yes answers
c if answering Ye~ to a question then check the appropriate boz (column 1 o~ 2) to indicate th~ potential size of the
impacL If impact threshold equals or exceeds any example prove·d, check column 2. If impact will occur but threshold
is lower than example, check column 1.
d. If reviewer has doubt about size of the impact then consider the impact as petent~ally large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be miti~,~ted by chanle[s) in t~ project to a small te mo~rate
impact, alto check the Ye~ box in column 3. A No response indicates t~t such a ~uction is not poss~'ble. This
· must be explained in Part 3.
Small to Potential Can Impact Be
kkxle~te L.~rge Mitigated By
-' ~'t- Impact Project Ct~a~ge
i-I i-I i-]Yes [:}No
[] [] OYes
O [] [-]Yes ON•
[] [] OYes
[] [] OYes
[] [] OYes
[] 0 OYes 0~o
[] [] OYes ON•
[] [] OY~ 0~o
IMPACT ON LAND .....
1. Will the proposed action result in a ph~cal chan~e m tJ~e proje~:t site~
~NO OYES
Eaample~ that would apply to column 2
· Any construction on slopes of 15% or greater, [15 foot rise per 1C~
foot of length), or where the general slopes in the project area exceed
10%.
· Construction on land where the depth to the water table is less than
3 feel
· Construction of paved parking area for 1,000 or more vehicles.
· Construction on land where bedrock is exposed or generally wfl. hin
3 fe~t of existing ground surface.
· . Construction that will continue for more than I year or involve more
than one phase or stage.
· Excavation for mining purposes that would remove more than 1,O00
tons of natural material (i.e., rock or soil) per year.
· Construction or expansion of a sanitary landfill.
· Construction in a designated floodway.
Change of zone/ No change
· Other impacts
2. Will there be an eftect t .... ~y umque or unusual land Iorms found on
the site~ [i.e., cliffs, dunes, ie~logical fc~Tnatio, n~, etc.)ON• ~YE5
Bluffs r~ soundfront area
· Sl::~cific land forms:
IMPACT ON WATER
) Will proposed action affect ·ny water body designated as protectedt
[Under Articles 15. 24.25 of the Environmental Conservation Law. ECL)
•'rEs
E,ample. I that would apply to column 2
· Developable ·rea of site contains'a protected water body.
· Oredgin8 more than 100 cubic yards of material from channel of a
protected stream.
· E~ensio~ of utility distrib~k~n facilities through a protected water b,~,y.
· Construction in a desisnated freshwater or tidal wetlar~l.
· Other impacts:
4. will proposed action affect any non-protected existin.~ or new body
of water? i~NO OYES
E,amples that would apply to column 2
· A 10% increase or decrease in the surface area ot any body of water
or more than a 10 acre increase or decrease.
· Construction of a body of water that exceeds 10 acres of surface area
· Other impacts:
S. Will Proposed Action affect surface or groundwater
quality or quantity? (;i~,NO E3YES
Eum~ok'~ that would apply t~ colum~ 2
· Proposed Action will require · discharge permit,
· Proposed Action requires use of a s~urce of water that do. es not
have approval to serve pmpo~Lomiect) action.
· Prol~ Action requires wale!' suppl~' Horn wells with greater than 45
aallons per minute puml~n~ Capacity.
· Construction of o~eratio~ causing any contaminatio~ of · water
supply system.
· Pr•per,ed Action will adversely affect groundwater.
· Liquid effluent will be conveye~ oil the site to facilities whlch presently
do not exist or have inadequate capacity.
· Proposed Action would use water in excess of 20.Cl30 gallons per
day.
· Proposed Action will likel,' ~_~L.~e slicer,on or other discharge into an
exisring body of wat¢~ t,-, tr.~, ~_,:tcqt c~.at there will be an obvious visual
contrast to natural conditions.
· Proposed Action will require th~ storage of petroleum or chemical
products greater than 1,100 gallons.
· Proposed Action will allow residential uses in areas without water
and/or sewer services.
· Proposed Action ~ocates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.
~ Will proposed action at,er drainag~ Flow or patte, r_~s. or surface
· water runoff~ '~NO C~YES
Ex: T~plrt t~at v,~uld 3Dply to column 2
1 2
Small Io Potential
Moderate Large
Impact Impact
O []
O-
tld
3
Can Impacl Be
Mltlg&led By
Project C~ange
~-]Yes [:}No
OYes [-]No
[]Yes I-IN•
OYes I-IN•
OYes []No
rqYes [-]No
l--lYes ~No
[]Yes f-IN•
[]Yes []No
[]Yes
[]'res []No
[]Yes I-IN•
[]Yes ['-IN•
~Yes E]No
E~Yes E~]No
[]Yes
[=]Yes i-IN•
E3Yes
~Yes
E]Yes r~Nc
2
Small lo PotentialCan Impact Be
Moderate Large Mitigated By
Impact Impact Project C~ano~
(D [] OYe~, n~o
[] o Oyes n~o
[] 0 (DYes n~o
[] [] OYes D~o
[] C] 0¥,~ 0~o
[] O 0~ O~o
[] [] (DYes [D~o
[] [] OY~ E]No
[] [] []Yes E]No
[] [] [-]Yes [:)No
· Proposed Action may cause substantial erolion.
· Proposed Action is incompatible with existing drainage patterns.
· Proposed Action will allow development in a designated floodway
e, Other impacU,:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any thzeatened o~ endangered
species? ~INO OYES
E~ample~ that Would apply to column 2 '
· Reduction of one or more species listed on the New York ~' Federal
list. using th~ site, over or near site or fo.und on ~ site.
· Removal of any portion of a critical or significant wildlife habitaL
· Application of pesticide or herbicide more than ~wice a year, other
than for agricultural purposes.
· Other impact~: Change of zone will help protect
the habitat of the ~Torthern Harrier.
9. Will Proposed Action substantially affect non-threatened or
non-endangered species1 ~NO OYES
E,amples that would apply to column 2
· Proposed Action would substantially interfere with any resident or
migratory fish. shellfish or wildlife species.
· Proposed Action requires the removal ol more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation~bangre of zone will protect 100+ year fo:
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will the Proposed Action affect agricultural land resourcesl'
[~NO )~YES
E,ample~ that would apply to column 2
· Th.e proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vine',ard, o,'ch.ard, etc.)
IMPACT ON AIR
7. Will proposed action affect air quality~ ~NO OYES
EMmple~ that would apply to column 2
· Proposed Action will induce 1.O00 or more vehicle b'ips in any given
· Prol:~sed Action will result in the incineration of more than I ton of
refusd~ per hour,
· Emission rate of total contaminanLs will exceed S lbs. per hour or a
heat source producing more than 10 million BTU's per ho~r.
· Proposed action will allow an increase in the amount of land committed
to industrial use.
· Proposed action will allow an increase in the density of industrial
d~velopment within existing industrial areas.
· O'S'mr impacts:
· Construction activity would excavate or compact the soil profile of
airicultural land.
· The proposed action would irreversibly convert more than 10 acres
of agricultural land or, il located in an Airicultutal District. more
· than 2.5 acres of alricultural land.
· The I:~ actk~ would disrupt o~ prevent inst~llat~ of airic~ltural
land manalement systems (e.i., subsurface drain lines, outlet ditches,
strip cropping1; ~r create a nt,~:~ for such m~aJures (e.8 c~use a farm
field to drain poorly due to increa~,~d runotf)
Ha 5oils exist on site, but Change
· Other impacts:
zone would not alter conditions. Development at
present zoning would maintain opportunities for
run-off.
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resources/ ~NO I-lyES
(If necessary, use the Visual EAF Addendum ine, ection 617.Z1,
Appendi~ B.) '
Ezample~ that would apply to column 2
· Proposed land uses, or project components obviously different from
ct in sharp contrast to current surroundin~ land u~e patterns, whet~r'
man-made or natural.
· Proposed land u~s, or project components ~hible to us~'~ of
aestl~etic resources which will eliminate or siinfficantly reduce tJ~ir
· enjoyment of the aesthetic qualities of that r~source.
Project components that wilt result in tJ~e elimination or siinificant
"~:re~nini~ of scenic views known to be importJnt to the area.
· Othe~ imp,ac/J:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure Gl historic, pre-
historic or paleontoloEical importance? ~,NO ["]YES
Ezamples that would apply to column 2
· Proposed Action occurrinl~ wholly or partially within or substantially
conti~uous to any facitity or site listed on the State or National Relister
of historic places.
· Any impact to an archaeolc~ical site or fossil be~ located within Lhe
project site.
· Proposed Action will occur in an area desiEnated as sensitive for
archaeological sites on the NYS Site Inventory.
· Other impactJ:
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of exisfin~ or
future olin spaces or r~creational opportunitlesf
Examples that would apply to column 2 I~NO C1YES
)The permanent foreclosure of a future recreational opportunity.
"~'~ A major reduction of an o~en space important to ~ community.
· Other impacb:
2 3
Srn~ll to Potential Can Iml~mCt Be
Moderate Large Mitigate! By
Impact Impact Project Change
0 OYes
]j~ I-I ~JYes I-lNG
O I--I OYes I-lNG
~' [] [] r-lYes []No
I-1 I-I F-lyes OHo
0 [] OYes OHo
[] D OYes ONo
[-I O I-lYes ONo
O [] OYes [-]No
O [] J--lYes []No
[] [] []Yes I-IN•
[] O OYes l-IN•
[] [] OYes E]No
IMPACT ON TRANSPORTATION
14. Will there be an elfect to existing transportation systems~
oYEs
Example~ that would apply to column 2
· Alteration of present patterns of movensent of people andlor goods.
· Proposed Action will result in major traffic problems.
· Other impact3: Change of zone will allow less
development and thus , less traffic flow.
IMPACT ON ENF..~QY '
15. Will proposed action affect the community's sources o~' fuel or
energy supply? ~NO r-WES
Examples that would apply to column 2
Proposed Action will cause a greater than 5% increase in the use ol
any form of energy in the municipality.
· Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.
· Other impacLs:
NOISE AND ODOR IMPACTS
16. Will there b~ objectionable odors, noise, or vibraticm as a result
of the Proposed Act.k:m~ '~NO · OYES
Ezampl~ that would apply to column 2
· Blasting within 1,5C~ feet of a hospital, school or other sensitive
facility.
· Odo~ will occur routinely (more than one hour per day).
· Proposed Ace. ion will produce operating noise e-xceeding tJ~-'l-oc~l-
ambient noise levels for noise o~tside o! structures.
· Proposed Action will remove natural barriers that would act as a
noise screen.
· Other impacLs:
IMPACT ON PUBLIC HEALTH
17 Will Proposed Action affect public health and safetyl'
~NO C]YES
Example.~ that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil. pesticides, chemicals, radiation, etc.) in the event o~
accident or upset conditions, or there may he a chronic Iow level
discharge or emission.
· Proposed Action may resuJt in the burial of "hazardous wastes" in any
form (i.e. toxic, poisonous, highly reactive, radioactive, irritatin~
infectious, etc.)
· Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.
· Proposed action may result in tl'~ excavation or otI~r disturbance
wiLhin 2,000 feet of a site usi,'d for the dispersal of solid or hazardous
· Other impact3'
I 2
~mlll to Potential Can Impact
Moderate Large Mltlgaled By
Impecl Impact ProJecl C~ang~
0 0 O e, ONo
~ 0 ~Yes
0 0 OYes ONo
0 O OYe
0 0 ON
0 0 OYes ON
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of Che existJnll community!
NO I-lYES
Esamplel that would apply to column 2
· The permanent population of the'city, town or villale in which the
project is located is likely to Irow by more than 5%.
· The municipal burlier for capital expenditures or operatinB services
will Increase by more than 5% per year as a result of this project.
· Prolx~ action will conflict with olficially adopted plans or Boats.
· Proposed action will cause a chanBe in the density of land use.
· Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.
· Development will create a demand lot additional community services
(e.B. schools, police and lire, etc.)
· Proposed Action will set an important precedent for future projec:s.
· Proposed Action will create or eliminate employment.
· Other impact: Change of zone will be more
compatible with Town's Master Plan.
I 2 3
Small to Potential , Can Imp&c! Be
Moderate Large Mltlg&ted By
Impact Impact I ProJect Change
[] El []Yes r-IN•
[] 0 l-lYes []No
0 0 [--[Yes []No
[] [] []Yes []No
[] [] OYe~ n~o
[] [] OYes []No
[] [] I'-IYes ON•
[] [] []Yes []No
[] [] []Yes ON•
19. Is there, or is there likely to be. public controversy related to
potential adverse environmental impacl, sf ~O [3YES
I! Any Action In Part 2 la Identified aa a Potential Large Impact or
I! You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead ABeney
Part 3 must be prepared if one or more impact(s) is considered to be potentially Larle, even il the impact(s] m~y be
mltll, aled.
Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impacL
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that chis impact is important.
To answer che question of importance, consider:
· The probability of the impact occurring
· The duration o( the impact
· Its irreversibili~, including permanently lost resources of value
·Whe[her the impact can or will be conlrolled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the project relate to this impact.
(Continue on attachments)
J-u-DITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF $OUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (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 MARCH 8, 199q:
RESOLVED that the Town Board of the Town of $outhold hereby accepts
the proposal of Cramer, Voorhis & Associates, dated March 8, 1994, at a
total sum not to exceed $1,200.00, for the preparation of Long
Environmental Assessment Forms for six (6) proposed rezonings to be
undertaken on the Town Board's own motion.
Judith T. TerryC/
Southold Town Clerk
March 9. 1994
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax {516) 765-1823
Telephone (516) 765-1801
March 10, 1994
Thomas W. Cramer, ASLA
Cramer, Voorhis & Associates
54 North Country Road, Suite 2
Miller Place, New York 11764
Dear Tom:
This is to confirm that the $outhold Town Board, at their regular
meeting held on March 8, 1994, adopted a resolution accepting your
proposal to prepare Long Environmental Assessment Forms for six proposed
rezonings to be undertaken on the Town Board's own motion. A certified
copy of the resolution is enclosed.
Very truly yours,
Judith T. Terry
$outhold Town Clerk
Enclosure
cc: V. Scopaz, Senior Planner
March 8, 1994
l~.~s. Valerie Seopaz
Planner
Town of Southold
Main Road
Southold, NewYork 11971
RE: Proposal.for Services
Preparation of Long Environmental Assessment Forms (EAF) for Proposed
Hamlet Density Zoning in the Town of Southold
Dear Valerie:
Pursuant to your request the following will serve as a proposal for services with
re;ard to the above' refererked. It is our understanding that the Town Board wishes to
consider theposs~ble rezo. nmg for sa und. eveloped parcels from Hamlet Densaty (D) to
Residenc. e-$O(R-8.0). Thts proposed .action !s a.result of the study prepared by you and the
staff, enmled "Revtew of Hamlet Deratty Zoning ,n the Town of $outhold", dated February
1994. The following are the six paxce[s that will be considered in the public hearings;
i$.CTM#
100-40-3-1
100-40-4-1
100-35-1-25
100-45-2-10.3
100-45-2-1
100-35-1-24
Hamlet Loc~tli0n
Greenport, umncorp.
Oreenport, unmcorp.
Greenport, umncorp.
Greenport, umncorp.
Greenport, unmcorp.
Greenport, umncorp.
Acreage
17.1
10.55
132.08
20.07
1.2
62.3
CVA proposes to complete the Long EAt: neces, sary for coordination with other
involved agencies under the State Environmental Quality Review (SEQR) Act. We will also
carp.; out field !nspections on each of.the subject parcels to ass!st in the.preparatl,o,n on the
documents. It ts also our understandln,g that youhave certain lnformatton that will be made
available to us to assis~ in the preparation of the Long EAF's. In consideration of the above
we estimate that the preparau~on of each Long EAF will cost between $150.00 to $200.00,
with a total sum of not. to exceed $1,200.00. '
I hop. e you and the Board find the above proposal acceptable. If there are any
questions w, th the above please feel free to contact me. If the Board authorizes th[s-
proposal, please let me know and we will begin work immediatel~ as I u. nderstand that the
pub'lle hearing MI1 be set for March 22. Thank you for your cons~derabon of CVA and I
hope to hear ~romyou shortly. /7. -" '"
~_~-~ ',V. Cramer, ASLAVery u
54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennelt Odowski, Jr.
Mark S. McDonald
Kennelh L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 9, 1994
Thomas W. Cramer
Cramer, Voorhis Associates
54 North Country Road, Suite
Miller Place, NY 11764
Re: Preparation of Long Environmental Assessment Forms for
Proposed Hamlet Density Rezoning in the Town of Southold
Dear Tom:
The Town Board voted to retain your services as set forth in
your March 8th Proposal for Services.
Let my secretary, Martha, know when you will be here for the
field inspection so that all the technical information can be
assembled and ready when you arrive. You will find the enclosed
copy of the Hamlet Density Report useful in providing some of
the background information and the planning context of the
review.
When the LEAFs are completed, please send them to Judith T.
Terry, Town Clerk, since all rezoning petitions and billing for
same are handled by her office on behalf of the Town Board.
The LEAFs are needed for Tuesday, March 22nd, when the Town
Board will begin the lead agency coordination process, since
the Town Board's work session starts Tuesday morning, the~LEAFs
should be in Mrs. Terry's office no later than Monday. The
public hearing probably will not be set until the environmental
review is completed.
I look forward to hearing from you shortly.
Sincerely,
-
Senior Planner
cc: Judith T. Terry, Town Clerk
F. M. Flynn
P. O. Box 144
$outhold, N. Y. 11971
1516) 477 - 0698
01~h
t sUPEHv~soHs (~.F F',.
March 6, 1994
Supervisor Thomas H. Wickham
Town of Southold
Town Hall
Main Road
Southold, DY. ¥. 11971
Dear Mr. Wickham:
Re: Resort Residential as Alternative to Hamlet Density
Z0ninR at West Greenport
For what my opinion may be worth, changing the zoning of
the Geier parcel, or any of the HD parcels on the perimeter
of the Village of Greenport, to an RR district would be
a calamitous mistake. If the Town Board's intention is
really to reduce the intensity of use in the area , with
its concomitant increase in the demand for utilities and
services, the result of such a change could very well have
the opposite effect.
Among the glaring weaknesses of the Southold Code is the
number and diversity of Special Exception uses and the
discretionary powers delegated to the Board of Appeals.
The curr~Dt ZB~ represents ~be last v~tige of the old ....
regime, inese ~peclai ~xcep~lons, comolneo with the con~empia~e~
c~ange of zone, would.permit the ZBA to continue exerting
the power to thwart or subvert the intent of the Town Board.
Both HD and RR zoning districts permit residential use
as a matter of right. The density for one - family use
in both districts is similar. The ~D districts also permit
two - family dwellings on plots twice the area of those
required for one - family use.
Analysis of the Special Exceptions provided for in the
respective districtsreveals their degree of diversity.
While these exceptions in HD districts provide for multiple
dweiings, town houses, row or attached nouses, the density
for each such unit is the same as for one - family use-
:reased
Both districts permit, as exceptions, bed and breakfast facilities,
wineries and accessory apartments.
The other Special Exceptions for RR districts however, are largely
for commercial uses. Although two family uses could be
allowed ~I~ at an equivalent density to that of HD districts,
historically, these RR districts have been developed for
the more intensive commercial uses such as motels and tourist
camps. RR exceptions also include free - standing restaurants,
marinas, yacht clubs, conference centers, clubs, golf courses, etc.
The required plot size, per unit, for motels, hotels and conference
centers is 4000 sq. ft. If, for exampie, the Geier property
is actually ten and one half acres, the yield would be
approximately 114 motel units. Tourist camp use would provide
a similar yield.
Considering the nature of the uses of comparably zoned property
in the area, and the demonstrated propensities of the ZBA,
it is hardly likely that rezoning any of these HD parcels
would effectuate the Town Board's objectives. Further, this type
of zoning, and its likely commercial use, would undoubtedly
incur the disapproval of the Greenport village government.
In closing, based upon my inquiries, I would suggest you
investigate the actual circumstances surrounding the purportted
approximately $150,000 advance to the Geir family as well
as~ the nature of the previous use.
You may also be interested to know that Councilman Lizewski
was overheard extolling the benefits of RR zoning to the
Geiers.
P. S. Although the thrust
out the inadviseability of changing the zoning of any of the
parcels to RR use, it is in no way intended to serve as an
endorsement of their present HD zoning. The Master Plan's
concentration of these HD parcels on the perimeter of the
Village of Greenport represents a flagrant violation of the
Master Plan's purported adherence to the hamlet concept of
zoning. It is based on the spurious contention ~tzntizz-
that adequate potable water and sewage disposal capacity
Sincerely,
of t~sMlet~is~-~ an attempt to point
HD
are available. The foreseeable burden on area residents emanating from
demand for services , as well as the inevitable ~ncrease ~_
in traffic, would prove both inequitous and unconscionable.
EXECUTIVE SUMMARY
Review of Hamlet Density Zoning In Southold Town
Report to the Town Board
February 1994
This study was authorized by the Town Board in January of
1994. Its purpose was to assess whether undeveloped
properties in Town that are zoned Hamlet Density (HD) are
appropriately zoned.
This study was undertaken as part of the Town Board's
ongoing commitment to implement the Town's Comprehensive or
Master Plan. Part of this process includes evaluating
whether the current pattern or location of HD-zoned
properties is furthering the Goals and Policy Objectives of
the Comprehensive Plan.
Ail vacant HD-zoned properties in the Town are
the report. They are listed below in the same
they are identified and reviewed in the report:
reviewed in
manner that
SCTM# Hamlet Location Acreaqe
#1 040-3-1 Greenport, unin. 17.1
#2 040-4-1 Greenport, unin. 10.55
#3 046-1-2.1 Greenport, unin. 3.5
#4 035-1-25 Greenport, unin. 132.08
#5 045-2-10.3 Greenport, unin. 20.07
#6 102-1-33.3 Cutchogue 46.16
#7 045-2-1 Greenport, unin. 1.2
#8 035-1-24 Greenport, unin. 62.3
The report provides a planning policy framework within
which to evaluate the available data about each parcel.
The recommendations in this report indicate whether the
current HD zone needs to be changed or left untouched;
based on whether the zoning is in conformance with public
planning policy, but without recommending specific zone
chagges.
REVIEW OF HAMLET DENSITY ZONING IN SOUTHOLD TOWN
Report to the Town Board
February 1994
REVIEW OF H3~LET DENSITY ZONING IN SOUTHOLD TOWN
Report to the Town Board
February 1994
INTRODUCTION:
The purpose of this review is to study the current status
of each vacant property that presently is zoned for Hamlet
Density. The study includes an assessment whether that
designation is in keeping with the intent of the
Comprehensive or Master Plan for the Hamlet Density (HD)
zoning district.
Initially, this report will describe the reasons for the
review. It then provides a detailed analysis of the
pertinent policies of the Comprehensive or Master Plan
affecting the Hamlet Density zoning and the history of the
zoning that preceded it.
Next, the report includes an analysis of the properties in
a uniform manner. Each property is described as to its
current physical location, including zoning. Each property
is reviewed in terms of any current approvals and
development. Each is analyzed as to its conformity with
the Comprehensive or Master Plan and other public
policies. Lastly, a recormmendation is made as to the
appropriateness of the zoning.
NEED FOR THE REVIEW:
The need for this review, evidenced itself in different ways.
1
First, with one exception, the parcels to be reviewed have
been zoned HD for long periods of time ranging from 5 to
36 years. Second, these properties are either undeveloped
or under-developed. Third, seven of the eight parcels are
located adjacent to or within close proximity to,the
Incorporated Village of Greenport.
The fact that these properties remained undeveloped over
such long periods of time raised several questions: which
ranged from why the properties were rezoned in the first
place to why the properties remained undeveloped. The
clustering of these properties adjacent to and around the
Village of Greenport also raised questions as to the
consistency of the Town's actions in context with its own
Comprehensive or Master Plan.
With one exception, the HD zoning designation was
assigned to each parcel in response to a petition by the
property's owner. The rezonings occurred periodically,
starting in 1958. The potential availability of public
water and, in some cases, sewer, services from the Village
of Greenport evidently was a factor considered by previous
Town Boards in granting these parcels the HD zone. All but
one of the undeveloped HD parcels either are adjacent or
within close proximity to Greenport Village.
The resulting pattern has had a significant negative impact
on the Village of Greenport. The Mayor of the Village had
a general discussion with the Town Board on January 4,
1994, in which he indicaced that the cumulative impact of
the added density would not only strain the present
infrastructure capability of the Village's public water and
sewer systems, it would increase Greenport's already
disproportionate share of the Town's affordable housing
units; a situation that was documented in Suffolk County's
Equitable Housing Study of 1991.
The Town has not undertaken a specific study of the
appropriateness of HD rezonings since the Master Plan
Update was conducted during the early 1980s. This review
will look at the appropriateness of the HD zoning
designation for those parcels that are zoned HD and that
are undeveloped.
This is in keeping with the Town Board's commitment to
implement the Town's Comprehensive or Master Plan. Charged
in 1992 with suggesting ways to implement this vision, the
Town's Stewardship Task Force recommended to the Town
Board, in September of 1993, that it "Revise the Zoning
Code and Map to better comply with goals of the Master
Plan". In conjunction with this recommendation, the Task
Force also suggested to the Town Board that it "Review
Zoning Map and revise to. eliminate zoned districts which
are incompatible with their present use and physical
context." This review is in response to those
recommendations.
AUTHORIZATION FOR REVIEW:
The Town Board Resolution of January 4, 1994 states the
reasons for this review, the Board's intent in authorizing
it, and directs staff to carry out the study.
METHODOLOGY USED IN ANALYSIS: CRITERIA FOR REVIEW:
The methodology used here reflects the purpose of this
review which is to examine the eight vacant parcels
currently zoned Hamlet Density and to determine whether
they ure appropriately zoned in relationship to the goals
and objectives of the Town's 1984 Update of its
Comprehensive or Master Plan, the 1991 Report of the US/UK
Countryside Stewardship Lxchange and the ongoing work of
the Town's Stewardship Task Force.
Each of the eight properties were reviewed systematically
using the following forma%:
Site Data
Notable Physical Features and Limitations
Surrounding Land Uses and Zoning
Status of Development: Approvals and Infrastructure
Public Policy
Recommendation
The Site Data section will identify the parcel by its Tax
Map Number, its location and its acreage. Information
about the zoning and ownership history of this parcel will
be presented here also.
The section on Notable Physical Features and Limitations
will review the relevant, available environmental data and
its significance or potential impact on the parcel's
development potential.
The Surrounding Land Uses and Zoning section will
describe the land uses and zoning of the surrounding
properties, and will discuss the significance of t~ose uses
and designations for the subject parcel.
The following section, Status of Development: Approvals
and Infrastructure, will review the current status of any
applications and approvals for the subject parcel.
3
The Public Poiicv section will examine the
appropriateness of [he Hamlet Density designation relative
to the vision set forth by the Town's Comprehensive or
Master Plan Update in 1984, the 1991 US/UK Countryside
Stewardship Exchange Report and the Stewardship ~ask
Force's draft reco~endations of 1993.
The last section, Reco~nendation, will list a
recommendation for either leaving the Hamlet Density
designation or changing it.
Public Policy in the Context of the Comprehensive Plan and
the Zonin~ Code:
Because the Public Policy sections of each case study
presume an understanding of the Town's Comprehensive or
Master Plan and of the Town's ongoing efforts to nnplement
its vision, as well as an historical knowledge of elements
of the Zoning Code itself, the following section has been
included here. Its purpose is to provide a detailed
analysis of the public policies that were considered in
this evaluation of the pattern of Hamlet Density zoning in
Southold Town.
The Comprehensive Plan
Southold Town has been engaged in an ongoing effort to
i~plement the Goals and Policies of the 1984 Comprehensive
or Master Plan Update as evidenced by the work of the
Stewardship Task Force (STF). Appointed by the Town Board,
the STF has been charged since its inception in 1992, with
the "study and exploration of amelioratory recommendations
of the Southold Town Zoning Map and Ordinances, in order to
foster and implement the ideals and goals of the existing
Master Plan, incorporating the recommendations of the
US/UK Stewardship Exchange."
The recommendations of the US/UK Stewardship Exchange
reflect the collective thinking of a team of eight
professional planners who met with government officials and
a wide range of community representatives about planning
issues during July of 1991. They found six areas of
agreement with the Comprehensive or Master Plan. These
included:
1) "Concentration of new residential and commercial
development in and around existing hamlets and
villages,..." along with the
2) "Preservation of. the historic character of the
villages and hamlets, carefully controlling design
of new development to maintain compatibility." and
"!4aintenance and improvement of the environment
through provision of an appropriate infrastructure
to protect water quality and to manage n@tural
resources properly, and to guide development to
appropriate locations."
(A Report by the 1991US/UK Countryside Stewardship
Exchance Team To The People of the Town of Southold,
North Fork, Lon~ Island. November 1991. p.8.)
The aforementioned issues had been derived from the Goals
and Policies of Southold Town's 1984 Master Plan Update.
That document set forth a number of Goals and subsequent
Policies which have a bearing on this study, and which are
stated in Appendix A of this study.
In September of 1993, the Stewardship Task Force published
an interim report in which it made a series of draft
recommendations to implement the Goals and Policies set
forth by the 1984 Master Plan Update. The preface to its
recommenOations on the Character of Hamlets and Rural
Setting states:
The hamlets are the historic focus for residential and
business activity in Soutnold Town. We consider this
to be a desirable pattern of development, which should
be encouraged by allowing appropriate new residential
and commercial development in the existing centers.
In order to facilitate this growth, careful planning
should undertaken by the Town, so that a rural,
pedestrian oriented village quality, consistent with
our history and traditional pattern of development, is
fostered.
The long history of Southold has given rise to a
tremendous richness and diversity of buildings and
working landscapes. Vigorous steps should be taken to
assure the preservation of these structures and
landscapes, without infringing on the rights of their
individual owners. All residents benefit from the
preservation of our historic and scenic heritage, not
only for our "quality of life", but for the economic
potential it offers the Town.
Purpose of the Hamlet Density Zoning District:
~his policy of concentrating residential development
throughout the Town's hamlets is reiterated in the Town's
Zoning Code, which states that the purpose of the HD
Zoning District is:
"to permit a mix of housing types and level
of ~esidential density appropriate to the
areas in and around the major hamlet centers,
particularly Mattituck, Cutchogue, Southold,
Orient and the Village of Greenport."
The Zoning Code specifies that the HD district may be
designated by the Town Board upon its own motion, as well
as by petition of the property owner on parcels located
within one-half mile of a Hamlet Business district of the
hamlets of Mattituck, Cutchoque and Southold; and
within one-quarter mile of the Hamlet Business district of
Orient and within one-half mile of the boundary of
Greenport Village.
In the Master Plan Summary of 1985, three criteria were
set forth for one establishment of a Hamlet Density
district: location relative to the hamlet business area,
the availability of utilities and the provision of moderate
cos[ housing. The report suggested Greenport be considered
as a hamlet. It also suggested that the maximum HD
development be permitted "only where necessary utilities
are in place or can be assured and where there is the
provision of moderate cost housing." (p.9). Finally, it
states the "The Hamlet Density category is also designed to
support the establishment of innovative techniques for
getting the optLmum use out of existin~ housing."
(Emphasis supplied.)
Uses Allowed in the Hamlet Density Zoning District:
The Zoning Code allows within the HD district only two
uses by right:
1. one-family detached dwellings, and
2. two-family dwellings.
A Special Exception from the Zoning Board of Appeals is
required for other uses such as:
1. multiple dwellings, townhouses, row or attached
houses;
2. accessory apartments in single-family residences,
(as regulated elsewhere in the Zoning Code);
3. bed and breakfast establishments, (as regulated
elsewhere in the Zoning Code);
4. wineries, (as regulated elsewhere in the Zoning
Code).
6
The }~oning Code provides guidelines or parameters within
which the Zoning Board of Appeals may grant the Special
Exceptions only for accessory apartments and for bed and
breakfast establishments. No guidance is provided to the
Zoning Board for the institution of multiple dwellings,
townhouses or row-houses, and wineries.
The Zoning Code: Historical Background:
Throughout this report, it is important to remember that
while the "A" Residential-Agricultural zoning district
always permitted residential and agricultural land uses,
the required minimum acreage for a lot in this zone changed
through the years. The following list shows how the
minimum acreage changed (by the year the amendment was made
to the Zoning Code).
Year Minimum Acreage in "A" or "R" zones
1957 - 12,500 square feet
1971 40,000 square feet
1983 80,000 square feet
1989 80,000 square feet in A-C and R-80 zones
(40,000 square feet for areas zoned R-40 only.
Other residential zones provide for three,
five and ten acre minimum acreages.)
As will be seen, the in-depth analysis of each property
will show that each parcel originally had been zoned for
residential use. Some of the parcels have had more than
one zoning designation in their history, mostly because the
Town changed its zoning code and map several times since
the first Code and Map were adopted in 1957. A brief
synopsis of the changes that have been made to specific
zoning districts is provided in Appendix B.
The Impact of Public Water and Sewer Services on Density
in HD:
The minimum required lot area within the HD district is
20,000 square feet per one-family detached dwelling.
Suffolk County's Health Regulations require the provision
of public water where lots are smaller than 40,000 square
feet in area. However, where both Corm~unity (Pttblic) water
and Sewer services are available, and a Special Exception
is granted, the density may be increased to one unit for
every 10,000 square feet. Thus, the development potential
of a parcel zoned HD is inextricably tied to the
availability of public water: and for the higher densities,
the availability of sewer. In other words, for the HD
zoned property to be developed in accordance with the
7
intent of the Code, it requires access to public water and,
some[imes, sewers.
Number and Location of Properties Zoned Hamlet Density:
There are thirteen properties in mainland Southold
Town that are zoned Hamlet Density (HD), only five of which
are developed. Three are located in Greenport: one is the
Driftwood Cove Apartment Complex, another is the
Seven-Eleven store, and the third is a large historic house
adjacent to Brecknock Hall. The fourth is the Founders
Village Condominium complex in Southold. The fifth is a
large house in Orient on the north side of SR 25, about 87
feet west of Young's Avenue.
On Fishers Island, there are fifteen developed properties
that are zoned HD. Ail these parcels, save one, are
located within the boundaries of the abandoned Army base;
and appear to have been developed either as base offices or
officer's quarters.
Of the eight vacant HD-zoned parcels, seven are located
around Greenport Village, which for a long time was the
only source of both public water and sewer services
within the Town. There appears now to be some limitation
on the Village of Greenport's ability to be the focus of
all HD zoning given the current demand on its already
strained water and sewer facilities. Cutchogue has the only
other vacant HD-zoned property. The remaining hamlets in
Southoid Town have no vacant HD-zoned properties.
JUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765 1801
SEQR
NEGATIVE DECIARATION
Notic~ o/l:)c, tn,~ou ot Nou-Siguificanc~
De. te. zminali~ ~-qignifir~nr~-
Town Board
of the Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date: July 12, 1994
This notice is issued pursuant to Part 617, of the iml~lementing regulations pertaining
to Article 8 (Share Env/ronmental OuaJity Review) of the F-nvironmental Conservation Law.
The lead agency has determined that the proposed action described below will not
have a significant effect on the env/l'onment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Action:
SEQR Status:
Project Description:
$CTM Nmben.
Location:
Change of Zone on Town Board's Own Motion
SCTM# 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
Type I Action
Theproject which is the subject of this Determination,
involves a ~e change of zone of 623 acres from ~l-Iamlet
Demity~ to Residence-Sff'..The project site cont:aln~
freshwater wetlands and a m~x of forested and old field
habitats. The site is also adjacent to Long Island Sound.
The proposed project is one of six (6) change of zones
being considered by the Town Boardat thi~ time in the
name geographic area.
1000-35-1-24
The site consists of 62.3 acres and is located on the north
side CR 48, 564 feet east of Sound Road, in the
SF. QR l~q~er3nination
unincorporated portion of Greenport.
The Town Boaxd is review/nE thi~ project simultaneously
with the follow/ag applications:
t~han? of Zone on Towu Board's Ovm Motion
SCH~M# 1000-40-3-1
s/s CR 48, more rh~n 1000' e/o Chapel l~ne, Greenport
Propos~ COZ on Town Board's Owu Motion
. SC'FM# 1000~0~1
s/s CR ,~, ~ feet w/o Moore's l~n¢, Oreeupor~
Propo~A COZ on Town Board's Own Motion
SCTM# 1000-~-1-2S
n/s CR ~8, 1,1.~9 f~.t e/o So~ud Road, Greenport
Proposed COZ on Town Board's Own Motion
SCTM~ 1000-45-2-10.5
c/s Chapel ! ~n¢, Greenport
Prop~d COZ on Town B~ard's Own Motion
SCT~# 1000~5-2-1
s/s CR ~ 805 feet c/o Chapel Lane, Greenl~rt
Reasons Supporting This Determination:
This determination is issued in full consideration o£ the criteria for determination of
stgnificanco contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts the
I and H, and following specific rea.sons:
(1)
The subjeat change of zoning ~ m~t .... A any ~f the criteria for determining r.i~o~i~r, anCe O~ an m~ion
th~t would warrant the preparation og a Draft F~l_~ Conversely, the action will minimi., poten~l
onviromm~nt~l impac~ thereby providing support got issuanc~ o~ m Negative Declaration.
~ impa~s iadudin~ ~tor u~; aanitary W~? VOIIIm~.; dlk~lrb~a~l~ Og ~
and solid w~de ge-n,~r~iou will also be reduze~. ~,'rr, rdin~ly, ~ m~ect clum~ og zoning is
e,x~ to r~duc~ th~ impact Of nit~ dcve~pme~t with ref~rd to thea~ impact arc~, ~ compared to
The prolmsed zonin~ ia conshteat with land u~ and zoning of surrouvaing lands, and will therdmc not
cause a sigui~mt impact. A~ a result, t~e propc~d r~n~ of zoning will ~ave a bone~c~l impac~ upon
(~)
Pag~ 2 o~3
· HI)' Clum~ et Zone
SEQR Deam'min~on
of pr~eliou for t~ ~viro~meat than th,-
O)
(6)
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town of Southold
Address:
Phone No.:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(516) 765-1800
Copies of this Notice Sent to:
Commi~qoner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY
12231
Regional Office-New York State the Department of Environmental Conservation, SUNY @
Stony Brook, Stony Brook, NY
Suffolk County Department of Health Services
Suffolk County Department of Planning Commission
NYS Legislative Commission on Water Resource Needs of Long Island
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Village of Greenport
Southold Town Clerk% Bulletin Board
Jem Realty Co., c/o Kontokosta, ~3 West 5~ Street, New York, N.Y. 10019
Pa~e 3 et3
SEQR
NEGATIVE DECLARATION
Town Board
of the Town of Southold
Town Hall, 53095 MaJa Road
P.O. Box 1179
Southold, New York 11971
Date: July 12, 1994
Th/s notice is issued pursuant to Part 617, of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law.
The lead agency has determ..ined that the proposed action described below will not
have a sign~cant effect on the envtronment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Actiom
SEQR Status:
Prqject Description:
SCTM Numbel~.
Leeatiom
Change of Zone on Town Board's Own Motion
SCTM~ 1000-35-1-24
n/s CR 48, 564 feet e/o Sound Road, Greenport
Type I Action
The project which is the subject of this Determination,
involves a the change of zone of 62=3 acres from 'Hamlet
Density' to 'Residence-80~. .The project site contains
freshwater wetlanda and a mut of forested and old field
habitats. The site is also adjacent to Long Island Sound.
The propo.sed project is one of six (6) change of zones
being considered by the Town Boardat this time in the
same geographic area.
1000-35-1-24
The site consists of ~.3 ~:res and is located on the north
side CR 48, 564 feet east of Sound Road, in the
SEQR Determination
unincorporated portion of Greenport.
The Town Board is reviewing thi~ project simultaneously
with the following applications:
Change of 7,~n~ ,~ Town Board's Own Motion
S/S CR 48, more rhm~ 100(Y C/o Chapel 1.~,1% Gre~nport
Propo~t COZ on Town Board's Own Motion
SCTIVIJ 1000-40-4-1
s/s ~ 4~, 400 tcct w/o Moo~¢'s ~-~,
Prolapsed COZ on Tow~ Bond's O~m
$CTM~
~/~ ~ 48, 1,]39 Ic~ c/o So,,,,d Road,
Proixmcd CX)Z o~ To~m Board's Ow~ Modo~
SC-'TI~ 1(X)0-4~-2-10.5
· /s C~al~l ~
s/s CR 48, 805 Ece.~ ¢/o C~apc! m-~,,,~ Or~npo~t
Relisoi~ Supportin_e This Determination:
This d~termlnntjon is issued in full consideration of the criteria for determination of
s~gnificance contained in 6 NYCRR Part 617.11. the Long Environmental Assessment Form
Parts I and H. and the following specific re~ons:
O)
Tlu: prOlX~d z~i.g is ~;~cnt with land usc ami zoning of surrounding lands, and will d~refore not
cause a ~i_~n;F...nt impact. As a result, the proposal change of zonin~ ~ hnve a b~il~.~ impa~t upon
Cons~ieration has be~n given to the review of the proposr. J ~ eha..o, cc~hu:ted by a com:ultant to
Ih~ Town Board, which conclude, s tl~ following with regard to tlu~ site in conslderation of uniqu~ ~e
Ou~ inillnl impreuion is thai rez~ing to "R4~ re.~ztde, nli~ will provide a ~ ~ncrcase, d measure
P~e 2 013
(~)
(~)
Ti~ subject site ~'mtain~ unique rcaourc~ and apprn~im~tely 67 p~rcem of tl~ ~ i~ co~id~r~d
meadow/brudda~ ~d tl~ r~mainin~ :~ p~r~nt ~ t~ ~e i~ forc~ed. ~ ~ k ~ ~ ~ ~
For Further Information:
Contact Person:
Judith Teny, Town Clerk
Town of Southold
Phone No.:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(516) 765-1800
Copies of this Notice Sent to:
Commi-~sioner-Department of Environmental Conservation, 50 Woff Road, Albany, NY
12231
Regional Office-New York State the Department of Ellvironmental CoBservation, SLTNY
Stony Brook, Stony Brook, NY
Suffolk County Department of Health Services
Suffolk County Department of Planning Commission
NYS Legislative Commission on Water Resource Needs of Long Island
Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Village of Greenport
Southold Town Clerkts Bulletin Board
Jem Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y. 10019
INi~ 3 e~3
RODERICK VAN TUYL (L.S.)
COLIN VAN TUYL
RFIDERICK VAN TUYL, P. C.
Licensed Land Surveyors
218 FRONT STREET
GREENPORT, NEW YORK 11944
(516i 477-0170
April 27, 1994
Description: Property of Jem Realty Co.
"North Road", Greenport
Beginning at a point on the northerly line of ~in Road (also known
as North Road) at the southeasterly corner of land of Sinuta and the
southwesterly corner of the premises herein described,said point being
554.44 feet easterly from the easterly line of Sound Road; running thence
along said land of Sinuta N.26°56'20"W.-240.77 feet to land of Sledjeski;
thence along said land two courses:
1) N.30°58'00"W.-198,28 feet; thence
2) S.66°00'30"W.-389,47 feet to land of Hmrrower; thence along said land
and along land of others two courses:
1) N.27°47'30"W.-548.67 feet; thence
2) N.27°33'20"W.-1306.69 feet to Long Island Sound; thence along Long
Island Souund four courses:
1) N.60°32'20"E.-356.27 feet; thence
2) N.58°10'OO"E.-386.0 feet; thence
3) N.66°lO'OO"E.-342.0 feet; thence
4) N.79°13'30"E.-357,33 feet to land of L.B.V. Properties;
land four courses:
1) S.21°34'40"E,-410.0 feet; thence
2) S.21°05'30"E.-982.87 feet; thence
3) S.76°30'30"W.-376.40 feet; thence
4) S.30°16'30"E.-1085,53 feet to ~in Road;
1) S.78°09'20"W.-329.44 feet; thence
2) S,75°15'00"W.-246,26 feet to the point of beginning.
Containing 60.366 acres,
thence along said
thence along M~in Road two courses:
Roderick Van T~yi
To: Southold Town Clerk
LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING CODE AND MAP
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 1~:25 P.M., Tuesday, June
211, 1994, on the Change of Zone on the Town Board's Own Motion from
Hamlet Density (HD) District to Low Density Residential R-80 District on
the property of Jem Realty Co., located on the north side of Route 25, 564
feet east of Sound Road, Greenport, New York, containing 62.3 acres,
Suffolk County Tax Map No. 1000-035-1-24.
Any person desiring to be heard on the proposed amendment should
appear at the time and place above so specified.
The legal description of the aforesaid property is as follows: Beginning
at a point on the northerly line of Main Road (also known as North Road)
at the southeasterly corner of land of Sinuta and the southwesterly corner
of the premises herein described, said point being 554.44 feet easterly from
the easterly line of Sound road; running thence along said land of Sinuta
N.26°56'20"W.-240.77 feet to land of Sledjeski; thence along said land two
courses: (1) N.30°58'00"W.-198.28 feet; thence (2) S.66°00'30"W.-389.47
feet to land of Harrower; thence along said land and along land of others
two courses: (7) N.27°47'30"W--548.67 feet; thence (2) N.27°33'20"W.-
1306_69 feet to Long Island Sound; thence along Long Island Sound four
courses: N.60°32'20"E.-356.27 feet; thence (2) N.58°10'00"E.-386.0 feet;
thence (3) N.66°10'00"E.-342.0 feet; thence (4) N.79°13'30"E.-357.33 feet
to land of LBV Properties; thence along said land four courses: (1)
S.21°34'40"E.-410.0 feet; thence (2) S.21°05'30"E.-982.87 feet; thence (3)
S.76°30'30"W.-376.40 feet; thence (4) S.30°16'30"E.-1085.53 feet to Main
Road; thence along Main Road two courses: (1) S.78°09'20"W.-329.44 feet;
thence (2) S.75°15'00"W.-246.26 feet to the point of beginning.
Dated: May 31, 1994.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JUNE 16, 1994, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, SOUTHOLD TOWN CLERK, TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
LEGAL NOTICE
NOTICE OF AMENDMENT TO
SOUTHOLD TOWN CODE AND ZONING MAP
AMENDMENT NO. 137
NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the
of Southold, Suffolk County, New York, held on the 26th day of July,
1994, the Town Board enacted 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. 137 amends the Code of the Town of Southold by
changing, on the Town Board's own motion, the property of JeT Realty Co.
from Hamlet Density (HD) Residential District and Low Density Residential
R-40 District to Low Density Residential R-80 District. This property is
situate, lying and being at Greenport, Town of Southold, County of Suffolk
and State of New York, and more particularly bounded and described as
follows:
Beginning at a point on the northerly line of Main Road (also known
as North Road) at the southeasterly corner of land of Sinuta and the
southwesterly corner of the premises herein described, said point being
554.44 feet easterly from the easterly line of Sound Road; running thence
along said land of Sinuta No.26°56~20"W.-240,77 feet to land of Sledjeski;
thence along said land two courses: (1) N.30°58~00"W.-198.28 feet; thence
(2) S.66°00'30"W. 389.47 feet to
and along land of others two
thence (2) N.27°33'20"W.-1306.69
land of Harrower; thence along said land
courses: (1) N.27°47'30"W.-548.67 feet;
feet to Long Island sound; thence along
Long Island Sound four courses: (1) N.60°32'20"E.-356.27 feet; thence
(2) N.58°10'00"E.-386.0 feet; thence (3) No.66°I0"00"E.-342.0 feet; thence
(4) N.79°13'30"E.-357.33 feet to land of L.B.V. Properties; thence along
said land four courses: (1) S.21°34'40"E.-410.0 feet; thence (2)
S.21°05'30"E.-982.87 feet; thence (3) S.76°30'30"W.-376.40 feet; thence (4)
S.30°16'30"E.-I085.53 feet to Main Road; thence along Main Road two
courses: (1) S.78°09'20"W.-329.44 feet; thence (2) S.75°15'00"W.-246.26
feet to the point of beginning.
DATED: July 26, 1994.
Containing 60.366 acres.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON AUGUST !1, 19911, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Traveler-Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Jem Realty Co.
Roderick Van Tuyl, P.C.
ANALYSIS OF HAMLET DENSITY PROPERTIES: PARCEL BY PARCEL
Only those properties zoned Hamlet Density that were vacant
as of January 1994, were selected for review. The individu-
al parcels are listed below in the order they were rezoned
starting with the first, in 1958. This is also the order in
which they will be reviewed. Throughout the remainder of
this report, the parcels will be referred to by the identi-
fying Parcel and Tax Map numbers (SCTM~) noted here.
SCTM~ Hamlet Location Acreage
#1 040-3-1 Greenport, unin. 17.1
~2 040-4-1 Greenport, unin. 10.55
~3 046-1-2.1 Greenport, unin. 3.5
#4 035-1-25 Greenport, unln. 132.08
~5 045-2-10.3 Greenport, unin. 20.07
#6 102-1-33.3 Cutchogue 46.16
#7 045-2-1 Greenport, unin. 1.2
~8 035-1-24 Greenport, unin. 62.3
The format used in the analysis of each parcel is:
PARCEL # and TAX MAP NUMBER
SITE DATA:
Location:
Acreage:
Zoning History:*
Ownership History:**
NOTABLE PHYSICAL FEATURES AND LIMITATIONS:
SURROUNDING LAND USES AND ZONING:
STATUS OF DEVELOPM]ZNT: APPROVALS AND INFRASTRUCTURE:
PUBLIC POLICY:
RECOMMENDATION:
One or more maps showing the subject parcel may accompany
the written text: t~ey will be found at the end of the
analysis of that parcel.
* Zoning History was culled from the Town Clerk's Change
of Zone files.
Ownership History was traced from Property Cards in
the office of the Town Tax Assessor.
9
PARCEL ~1 - SCTM ~ 40-3-1
BITE DATA:
Location: South Side County Route 48, more ~han
1000' east of Chapel Lane, Greenport
Acreage: 17.1 acres
Zoning History :
Year Rezoned: 6.13.58.
The original petition was to change the zone from
"A" Residental and Agricultural to "B" Business.
Between January and May of 1958, the applicant
changed his request to "M" Multiple Residence,
which was subsequently granted. The file does not
indicate why the property owner asked for the
change of zone, nor why the Town Board granted
the request.
Ownership History / Year Acquired / Miscellany
*Kace Realty Co 3-10-82 Transfer sub-
ject to
$184,000 mort-
gage
Kontakosta 3-10-82
Sanzone (Smith Est) ?
Brereton ?-?-79
H. Smith & Ano
Sledjecki
1/4 interest
(which was sold
to Sanzone
in 1982 for
$35,000.)
?-?-54
?-?-49 or earlier**
* Kontokosta is a principal in KACE Realty
** Property cards only note ownership as of 1949 when
the records were started.
NOTABLE PHYSICAL FEATURES AND LIMITATIONS:
There is little environmental information in the site
plan file. A review of the aerial photograph reveals
this to be a heavily wooded parcel which appears to
drain in a southerly direction. The topography drops
off to the south from 35 feet above sea-level near
County Route 48, to about 10 feet at its southernmost
point. The property may have freshwater wooded wet-
lands on or within close proximity.
1
SURROUNDING [~ID USES AND ZONI~IG:
The property is currensly bounded on [he nort~ Dy CR
48; the west and south borders by land owned and
zoned by the Village of Greenport as PD or Parkland,
and the east border by land zoned R-80. North of CR
48, lies an R-80 district, which contains r~sidential
waterfront homes.
Within 500 feet of the perimeter of this parcel (but
not contiguous) there are properties zoned RR and HD.
The RR properties to the northwest, diagonally across
CR 48, contain m~tel and resort condominium uses,
along with one residential use and an unfinished mo-
tel. San Simeon Nursing Home, which is zoned HD, is
about 800 feet to the west. The remainder of the HD
property to the west is mostly undeveloped, and is one
of the parcels under review (Parcel #7). The KOA
Kampground lies due east at a distance of about 500
feet.
STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE:
On July 11, 1983, the Planning Board granted site plan
approval to construct 108 dwelling units in 27 build-
ings. The property owner has yet to obtain governmen-
tal approvals for water, sewer and curb cuts. No
building permits are known to have been issued.
PUBLIC POLICY:
Although the subject parcel is adjacent to land owned
by the Incorporated Village of Greenport, it lies
4,500 feet or more ( one mile equals 5,280 feet) from
the developed portions of the Village, and is even
further from the business center.
It is surrounded by vacant woodland, which 'is zoned PD
or Park District. The Village changed the zone of the
surrounding woodland from R-1 (Residential) to PD in
1987, in response to directives from the State of New
York's Department of Environmental Conservation. The
PD district is defined as follows:
"An area reserved for recreational and firematic
use by the citizens of the Village of Greenport
as regulated by the Park Local Law, and in which
village utilities and other public uses may be
maintained and expanded."
The only uses permitted within this dis[rict are: 1) Nature trails
2) Sports playing fields
3) Firematic events
4) utility facilities including necessary
appurtances but not limited to:
a) water towers
b) sewage treatment plants
c) electrical plants ~
5) Municipally operated camp sites
6) Municipally operated trailer park
7) Watershed maintenance
Much of the PD zoned land is environmentally
sensitive, freshwater wooded wetland. Given the
restrictive nature of the Parkland District, it seems
inconsistent for the Town to concentrate its highest
density residential use on the subject parcel.
Further, this parcel is not within walking distance of
the Village hamlet, and the necessary utilities do not
seem to be assured at this time. For these reasons,
intense development of the site does not seem to meet
with the Goals and Policy Objectives of the Comprehen-
sive or Master Plan.
RECOMMENDATION:
The site could be developed in a manner not requiring
multiple density uses. Rezoning to a lower density is
recommended.
3
../
· o,{O-'5~1
RR
:LB'
LIO
R-80
,AHO
R -40
035'--
'HD
R-80
i %'
R-80
.I
PARCEL ~2 - SCTM ~ 40-4-1
SITE DATA:
Location:
South side of County Route 48, approxi-
mately 400 feeu west of Moore's Lane,
Greenport
Acreage: 10.55 acres
Zoning History:
Year Rezoned: 11.7.68
The petitioner applied for the zone change be-
cause, in his own words, "The premises currently
enjoy a non-conforming use status, as a rooming
and boarding house; deponent wishes to enlarge
that use."
Ownership History / Year Acquired / Miscellany
Geier Estate or Heirs 1993
Marcucci ~
J. Geier & Ano
Langone
1966
19.~9 or earlier
Contract
Vendee
$37,0OO
NOTABLE P~YSICAL FEATURES A/qD LIMITATIONS:
In the absence of a definitive confirmation by the
Town Trustees and the State Department of Environmen-
tal Conservation, it is estimated that between one-
quarter to one-third of the southern or lower portion
of this parcel contain freshwater wetlands. These
wetlands probably are part of the system of wetlands
in the Village parkland to the south. There is no soil
boring on file for this property.
The wetlands are likely to pose severe constraints on
the potential yield of this property due to the mini-
mum siting distances that structures and septic sys-
tems must maintain from wetlands: as required by vari-
ous Town, County and State regulations. Wet soils
also pose problems for siting septic systems unless
sewer service can be obtained. The environmental
zmpacts of sewering on this wetland ecosystem are not
known at this time.
SURROUNDING LAND USES AND DENSITY:
The property is bounded on the north by County Route
48- Its east, south and wes~ borders are bounded bv
the village's parklands. North and northeast of CR 48
lies undeveloped land zoned R-40, and a partially
completed subdivision development, also zoned R-40.
Just beyond the Village parkland, fifty feet to the
west of this parcel, the land is zoned R-80. '
STATUS OF DEVELOPMENTt APPROVALS AND INFRASTRUCTURE
There is a large house and two or three other build
ings or barns on the property. The structures are
visibly in need of repair. There are no site plan
approvals for any proposed construction. And, there
is no site plan application on file.
PUBLIC POLICY t
The limited environmental information available on
this site suggests that this property is not suitable
for the Hamlet Density intensity of use. The environ-
mental sensitivity of this parcel is highlighted by
the Park District zoning of the surrounding property
by the Village of Greenport. The constrain5s are such
that the availability of public water (and probably
sewer) are absolute prerequisites for development at
the HD density to occur. The presence of extensive
wetlands is likely to compromise the potential yield.
Further, it is inconsistent to place the highest resi-
dential density in the midst of Park District zoning.
The Town's Master Plan and the subsequent
recommendations for its implementation argue for chan-
neling new development towards the existing hamlets.
This policy requires that new development be directed
first to vacant land within the hamlets, then to va-
cant land in close proximity thereto. It also re-
quires where rehabilitation or renovation of the exist-
ing building stock can both preserve the character of
the hamlet and provide alternative housing choices,
that this be pursued first, before creating new resi-
dential centers isolated from the hamlet.
This site fails to meet the criteria for proximity
and accessibility to a hamlet. It is not within walk-
ing distance of the Village center. Further, the
necessary utilities do not seem to be assured at this
time. For these reasons, this parcel's zoning does
not seem to meet with the Goals ~nd Policy Objectives
of the Master Plan.
5
RECOMMENDATION:
This parcel cou±d be developed in a manner not
requiring multiple density uses. Rezoning to a lower
density is recoF~ended.
6
RR
HD
:LB '
~qO~
R~-80
I
R -,~0
--40
AHD
POF
'H D
R -80
~4
PARCEL #3 - SCTM # 046-1-2.1
SITE DATA:
Location: South side of State Route 25, about
577 feet east of 9th Street, Greenport
Acreage: 3.5 acres
Zoning History:
Year Rezoned: 10.27.70
The original petition to rezone this property
from "A" Residential and Agricultural to "M-i"
General Multiple Residence was changed to "B-2"
Business at the recommendation of the Planning
Board. At this time, there also was a pending
petition on the adjacent property to the east,
now the site of Driftwood Cove Apartments, for a
change to the "B-2" Business zoning district,
too. (The "B-2" district allowed for a more
intensive multiple residence use than did the
"M-l" zone.) The two properties were rezoned
"B-2" in 1970, within two months of each other.
In 1989, both parcels were rezoned Hamlet Density
by the Town.
Ownership History / Year Acquired / Miscellany
Aliano 1974 $73,500
Casola 1972 $55,000
A. Cassidy 1949 or earlier
NOTABLE PHYSICAL FEATURES AND LIMITATIONS:
There is little environmental information available
for this parcel. It is covered with old-field vegeta-
tion. The property does not appear to have any environ---
mental constraints. This is not a large site. Develop-
ment of this site to its Hamlet Density potential will
require the extension of both public water and sewer.
SURROUNDING LA/~D USES AND ZONING:
The property is bounded on the north by State Route
25 and a 7-11 retail store, which is also zoned HD.
To the east is the Driftwood Cove Apartment complex.
To the south, the tracks and right-of-way of the Long
Island Railroad. To the west is a lumber yard. The
north side of SR 25 is zoned B Business and is devel-
oped.
7
STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE:
The property was larger at the time it was rezoned.
Slightly more than half an acre of it was developed
into the 7-11 store in 1985. There are no other site
plan approvals on this parcel. Nor are there any
active applications for an HD use.
PUBLIC POLICY:
This site meets the criteria for the location of the
Hamlet Density zone. It is within walking distance of
the Village business center, schools, churches and
other services. It lies adjacent to affordable hous-
ing, and could be developed in a similiar manner.
However, the small size of this parcel, which the
current owner exacerbated by splitting off an addition-
al .55 acres in 1977, is an obstacle. Development of
this property will require the provision of both pub-
lic water and sewer, the availability of which is not
assured at this time.
RECOMMENDATION:
Since it meets all applicable criteria, except the
availability of public water and sewer, this parcel
could be left as zoned. However, the fact that
Greenport Village and unincorporated west Greenport
bear a disproportionate share of the affordable hous-
ing within the Town must be factored in and dealt with.
If the proportionate share of affordable housing is
felt to be of primary importance, this parcel could be
rezoned to LIO, in keeping with the LIO zoning to the
west which borders this property.
8
, Oqo-~'-t
RR
rB
HD
; LB ' "
L[O
.oqo'
R~-80
R - d 0
,AHD
Ot
055---/-~
'R-80
~, =,
-!
· .,,p ~ ND
PARCEL ~4 - SCTM ~ 035-1-25
SITE DATA:
Location: North side of State Route 25, approximate-
ly 1,139 feet northeast of Sound Road,
Greenport
Acreage: 132.08 acres
Zoning History:
Year Rezoned:
1971: 57.55 acres
1983: 74.53 acres
The Change of Zone Petition files do not show why
the rezoning was requested. The 1971 rezoning
also created 12.43 acres of Business Zoning
around an historic residence, known as Brecknock
Hall.
In 1983, the amount of land in the "M" Light zone
was increased by 74.53 acres for a total of 132
acres. A filed Covenant and Restriction holds
the total number of dwelling units to 350, and
sets aside a reserved scenic area of 37.92 acres.
This parcel was rezoned HD in 1989, when the Town
eliminated the "M" Light Multiple Residence zon-
ing classification from its Zoning Code and Map.
Ownershi~ History / Year Acquired / Miscellany
Wolowitz, A. 1993
LBV Properties 1992
Greenport Dev. Co. 1984
Brecknock Assoc. 1980
G. Schad 1969
Pollert & Wife
$4,000,000
(foreclosure)
$3,850,000
$ '354,000
no consideration
$ 800,000
1949 or earlier
NOTABLE PHYSICAL FEATURES AND LIMITATIONS:
The property is about 1,500 feet from the Village
boundary. It contains about 2,700 feet of prime water-
front on Long Island Sound complete with bluffs and
beaches. This property is listed by the State as
being part of the Eastern Bluffs Complex which stretch-
es from Orient Point west to Miller Place. The some-
what rolling terrain contains mature old field vegeta-
tion, woods, ponds and associated wetlands. In lQq8 a
large excavation was started where one of the
ponds/stormwater drainage facilities was to be locat-
ed. The sand has been removed from the premises, but
the pond was never completed. The excavated area
remains ~,pen to the weather without benefit of erosion
controls. ~
The likely increase in traffic from the development of
a parcel of this size are likely to require modifica-
tions to State Route 25 and possibly the intersegtion
cf SR 25 and Sound Drive.
SURROUNDING LAND USES AND ZONING:
To the north lies Long Island Sound. To the east lies
the Island End golf course, which is zoned R-80. To
the south are State Route 25 and two historic residenc-
es, one of which is Brecknock Hall. Brecknock Hall is
located within the LB district. The other historic
residence is located within the HD district. To the
west lies vac~lt land that was just rezoned from R-80
to HD and R-40. South of SR 25 opposite this parcel
there is a mix of zoning: a vacant R-80-zoned parcel,
a vacant Residential Office-zoned parcel and an estab-
lished residential cormnunity zoned R-40.
STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE:
In 1987, a site plan for 350 condominium units was
approved by the Planning Board. Since then, three
building permits have been issued: one to construct
the pumphouse for the public supply well; one to build
a foundation for the recreation center, and one to
build a foundation for one of the residential build-
ings. Certificates of Occupancy were issued for the
pumphouse and the residential foundation in 1991. The
permit for the recreation center was voided in Decem-
ber of 1990 without the foundation being built. To
our knowledge, there has been no building activity
since that time.
There is a unresolved dispute over the cost of the
water and sewer contracts. Curb cut approval and
other permits from the NYS Department of Transporta-
tion are not on file, and may not have been obtained.
Landscaping and excavaLion bonds are still on file
with the Town.
PUBLIC POLICY:
The zoning and the sate plan on this parcel contra-
dicts the Goals and Policy Objectives of the Comprehen-
10
sive Plan in several ways. First, although the west-
ern edge of the property is within 1500 feet of the
Village boundary, it is separated by a heavily-trav-
elled State Road and it is not located within easy
walking distance to the hamlet's business c~nter,
nearly a mile to the south.
Second, the placement of high density residential
zoning on prime and sensitive waterfront property
contradicts our policies of encouraging the preserva-
tion of environmentally sensitive areas, and of promot-
ing development patterns that are responsive to or
protective of sensitive coastal features and scenic
vistas, as well being co~m~ensurate with available
water supplies.
Third, the size of this HD-zoned parcel relative
to the Village hamlet threatens to draw from the ham-
let rather than work to preserve and strengthen the
hamlet center. Although the nearby Limited Business
zones are, strictly speaking, not within the purview
of this review, its sheer size (more than 16 acres in
total) require that its combined impact with the HD
parcel on the Village be considered.
The net effect of 133.+ acres of HD-zoned land and 16+
acres of LB-zoned land adjacent to one another on the
north side of SR 25 creates enormous potential for the
development of a satellite hamlet with its own busi-
ness district just 1200 feet north of the Village
boundary, and less than a mile from its business cen-
ters. While the Comprehensive Plan calls for the
creation of a new hamlet, creating one adjacent to an
existing one that is in need of economic revitaliza-
tion and has strained water and sewer facilities is
not consistent with the other goals of preserving and
strengthening existing hamlets.
The Town would not profit from such a si[uation, and
neither would the Village. The economic stability of
Greenport Village is important to the Town because of
Greenport's position as a transportation hub, as a
major deep-water port, as a tourist designation, and
as provider of public water to significant portions of
the Town. The two governmental entities cannot afford
to work at cross purposes with the other.
Finally, the draft Long Island Coastal Zone Management
plan recommends that this entire site be preserved in
conjunction with its recommendation that undeveloped,
relatively undisturbed forested properties within the
Eastern Bluffs Complex by acquired to protect wildlife
habitat. The Eastern Bluffs Complex encon~asses the
soundfront from Orient west to Miller Place.
11
RECOMMENDATION:
Rezone the property to a lower density residential use
that better protects coastal resources, and that pro-
vide$ for a level of residential development that is
more compatible with the existing infrastruqture and
economic development of the hamlet of the Village.
12
AHD
~BO
F~401
R-BO
-'~LAND
PARCEL ~5 - SCTM ~ 45-2-10.3
SITE DATA;
Location: East side of Chapel Lane, south of County
Route 4~ and north of State Route 25,
Greenport
Acreage: Originally 26.57 acres: Now 20.07 acres.
Zoninq History:
Year Rezoned: 2.25.75.
This property was rezoned by the Town at the
request of St. Peter's Lutheran Church for the
eKpress purpose of constructing "multiple resi-
dences for a senior citizen retirement co,m~unity."
Ownership History / Year Acquired / Miscellany
Richard Mohring 1993
NFB & Trust 1993 ?
St. Peter's Church 1974
Chapel Lane Assocs. 1971
DeShrage 1968
King-Greenport Assocs. 1965
Judysteve Corp. 1965
King
foreclosure
$175,000
$ 34,500
mrtge.
1949 or earlier
NOTABLE PHYSICAL FEATUP~ES AND LIMITATIONS:
A full scale environmental review was never conducted
on this parcel so the information available is limit-
ed. The site is presently wooded, with some old field
around the disturbed portion of the site where the only
four buildings of the proposed elderly housing complex
were constructed. There are serious drainage problems
that will add to the cost of development on this site ~-_
due to the depth of the clay substrata. The depth of
the clay also means that this site cannot be developed
without public water and sewer.
SURROUNDING LAND USES AND ZONING:
The property is currently bounded on its north the San
Simeon Nursing Home. To the east lies another parcel
being studied in this review, (Parcel # 7), and the
Village Parklands; to the south, a garage building,
St. Peter's Lutheran Church and the former Skyway
Drive-In Movie Theatre. Chapel Lane borders the entire
western edge of the. property.
13
The woodland to the eas[ of this property is in the
Village's Park District. Parcel #1 (in this study)
lies approximately 1000 feet to the east of this prop-
erty. The property's south border is zoned Limited
Business. A church, a garage and a former drive-in
theatre lie within this LB district.
With the exception of strip of LB zoning north of SR
25, all the land west of Chapel Lane clear to
Albert$on Lane is zoned R-BO. A LILCO Substation lies
within the LB district to the west of Chapel Lane, as
does the Drossos Motel complex about a thousand feet
or more from the intersection of Chapel Lane and SR
25. Much of the remainder of the land west of Chapel
Lane is vacant, probably due to the fact that towards
Albertson Lane, much of the area is covered with fresh-
water wetland.
STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE:
In 1984, a site plan for the southwestern portion of
this parcel was approved. Four buildings containing
eight dwelling units were constructed. Public water
and sewer service was connected and Certificates of
Occupancy were issued in 1986. However, the units were
never occupied.
In 1990, the Planning Board gave approval to a condo
minium unit designation map showing 36 dwelling units
on 7.74 acres. This map included the eight dwelling
units that were constructed in 1986. There is a site
plan application pending for nhis condominium plan.
No plans have been filed for the remaLnder of the
property which includes 12.6 acres of HD zoning and
about 10 acres of LB zoning (the drive-in and the
garage.)
PUBLIC POLICY:
The limited environmental information available sug-
ges[s that this property is not a suitable site for
the Hamlet Density intensity of use. The constraints
on the site are such that the availability of public
water and sewer are absolute prerequisites for develop-
ment. Furthermore, due to the depth of the clay sub-
strata, the potential yield on this site is likely to
be compromised because of the amount of land that will
need to be set aside to handle stormwater drainage.
The stormwater drainage is a matter of concern because
14
this property drains to the wetlands and the Bay to
the south.
The Town's Master Plan and the subsequent recommenda-
tions for its implementation argue for channeling
development towards the existing hamlets. This policy
requires that new development be directed first to
vacant land within the hamlets, then to vacant land in
close proximity thereto. It also requires where reha-
bilitation or renovation of the existing building
stock can both preserve the character of the hamlet
and provide alternative housing choices, that this be
pursued firs5 before creating new residential centers
isolated from the hamlets.
The site fails to meet the criteria for proximity
and accessibility to a hamlet, especially for afford-
able renta~ housing. It is not within walking dis-
tance of the Village hamlet, and the necesary utili-
ties do not seem to be assured at this time. For
these reasons, the site does not seem to meet with the
Goals and Policy Objectives of the Master Plan.
RECOMMENDATION:
The property should be zoned to a density level more
compatible with its environmental constraints, and
more consistent with the Comprehensive or Master Plan
recommendations for a parcel remote from a hamlet
center.
1 5
RR
R -40
/~HD
O~
'/
/
PARCEL ~6 - SCTM ~ lg2-1-33.3
SITE DATA:
Northernmost end of Griffing Lamer a~ut
1,Q76 feet north of State Route 25,
Cutchogue
Acreage: ~6.16 acres
Year kezaned:
In 1982, ~he p~ own~m pe%iticm~ for a
change fr~m ~w F.~mi~ent~ ~ Agricultural to
"M" Light ~uitip-le Res~e%i~ for the purpose of
constructing a rasidee~zial ~,~,,,~nity for senior
citizens adjacent to the ~sting business dis-
trict of Cutchogue.
Ownershi~ History / Year Acquired / Miscellany
Nocro Ltd. 1986
Seacroft Ltd. 1986
Leisure Green 1983
Leisure to Leisure 1982
Leisure 1973
Mill Matt Agency Inc.
Mandate & Ano
1971
1949 or earlier
$ 69,000
(31.5 acres)
$101,500
I~C~ABLE PHYSICkL F~A'i's~LES ~ LIMIT~LTIONS:
The DrmfI Em~ziro~nentml ta~pac~t $~atement for this
projeo% c~mt~tms ~il~ ~v~r~emtal info.etlon.
The f~l MIS for t~ts 9ru,j~ has ~t been co~leted.
~i~ ~c~l ~s ~ agr~.~l~ ~e, but las lain
This ~rcei is bordered to the norlh by a residence
for a vineyard, and a wooded parcel that is t~e site
of a new clustered residential subdivision, all of
which is zoned Agriculturat-Conservatiom (A-C)- To
the east, the parcel is bordered by another vieeyard
and other land in active agricultural production, all
of which is zoned R-80. To the south, the parcel is
16
bordered by Griffing Street, School House Road, a
building, vacant land, and the grounds of Sacred Heart
Church. All of this land except the church is zoned
Hamlet Business (HB). The church property %s zoned
R-40. The properties that abut the western border of
this parcel are zoned R-40 also.
STATUS OF DEVELOPMENT: kPPROVALS AND INFRASTRUCTURE:
A site plan application for a 160 unit condominium
complex for senior citizens was made in 1984. A Draft
Environmental Impact Statement was submitted in 1988.
The applicant was asked to submit a Final EIS in
1989. There has been no further action on this appli-
cation since that time.
PUBLIC POLICY:
The current zoning of this parcel is in keeping with
the goals and objectives of the Town's Comprehensive
or Master Plan. The property is within walking dis-
tance of the traditional core of Cutchogue hamlet.
The property contains good agricultural soils, but is
not environmentally sensitive. Due to its location
just north of the hamlet's traditional center, this
parcel, when developed, is likely to strengthen the
hamlet.
This project has generated much opposition within the
community. And while its large size will have an
impact on traffic, and the functioning and character
of the Cutchogue hamlet, it nevertheless meets the
criteria for location within the hamlet center and the
provision of alternative housing choices.
RECOMMENDATION:
This property is zoned appropriately at this time.
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:A-c
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?-:.. R-80
PARCEL ~7 - SCTM # 45-2-1
SITE DATA:
Location: South side of County Route 48, 805 feet
east of Chapel Lane, Greenport
(Also approximately 1400 feet west of
Parcel #1.)
Acreage: 1.2 acres
Zoning History:
Year Rezoned: 1-10-89
This parcel was rezoned by the Town when the 1989
Zoning Map was adopted. Prior to this time, this
lot was zoned "A" Residential-Agricultural. Re-
search to date has not unearthed an explanation
for this change: so we don't know if this rezon-
lng was intentional or a drafting mistake.
Ownership History / Year Acquired Miscellany
John Siolas & wife 1985 $38,500
Delandas 1974 $15,000
Pauli 1964 two parcels
$ 3,000
King 1949 or earlier
NOTABLE PH~fSICAL FEATURES AND LIMITATIONS:
There is little environmental information available on
this property. The aerial photograph of this property
shows it to be wooded. It slopes towards the south as
does the San Simeon nursing home site 50 feet to its
west. There is a 50 foot buffer between this parcel
and San Simeon Nursing Home, which is an in%ensely
developed site.
The small size of this property probably is its big
gest physical limitation. It is likely to be
ecnonomically inefficient to develop according to the
HD potential.
SURROUNDING LAND USES AND ZONING:
This property is bounded on the north by CR 48. To
the east and south lie the Village Parklands. To the
west lies San Simeon Nursing Home, which is zoned HD
also.
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This property was originally bounded by Parcel #5. In
1993, the owner of Parcel ~5 filed for a lot-line
change. The northern part of Parcel ~5 was given to
the nursing home to provide for its future e. xpansion.
As a result, the area of the nursing home site
creased from 3.58 acres to about 10 acres. The lot
area of the subject parcel decreased from 26.57 acres
to about 20 acres.
STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE:
There is no record of any attempt to develop this
parcel in the Planning Board's files.
PUBLIC POLICY:
This parcel shares with Parcels #1 and 5, the same
drawbacks and lack of compliance with the stated goals
and intent of the HD district and the Master Plan as
it pertains to preserving the hamlets. Using the
criteria set forth by the Master Plan Update
and subsequent recommendations, the HD zoning makes no
sense unless this parcel were to be merged with the
San S~meon Nursing Home. However, it is under separate
ownership at this time.
The existence of the nursing home presents a diler~na.
Southold is a retirement community as well as a resort
community. The average age of the population in
Southold-is 44 years, and the trend looks as if it
will continue upward. There is in an insufficient
supply of nursing facilities in Town, and this alone
is an argument in favor for the build-out of the origi-
nal proposal.
RECOSt]~ENDATION:
The parcel's small size and close proximity to the
intensely developed nursing home site will work to its
disadvantage as a strictly residential lot, unless the
50 foot buffer between the parcel and the nursing home
is preserved. If this buffer is maintained, the fact
that the lot is 420 feet deep and is bordered on its
east and south sides by parkland will work to its
advantage as a residential lot for one residence.
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HD
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R-80
,AND
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'HD
R -,SO
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PARCEL ~ 8 - SCTM # 035-1-24
SITE DATA:
Location: North side of State Route 25, 564 feet
east of Sound Drive, Greenport
Acreage: 62 acres
Zoning History:
Year Rezoned: 12.07.93
This property originally was zoned R-80 which is
equivalent to two-acre residential density. ?he
lower 42 acres of this parcel were ~ezoned k~et
Density: and the northerly 20 acres on Long ~s~
land Sound were rezoned R-40 or one-acre residen-
tial density. One of the stated reasons for this
change of zone was to provide affordable ho' ~ing.
Ownership History / Year Acquired / 'scell '~
Jem Realty Co. 1979 $400,000
J. Rath 1977
Time Structures Inc. 1963 $115,000
spilt from
P. Sinuta
NOTABLE PHYSICAL FEATURES AND LIMITATIONS:
This property is adjacent to Parcel #4 which was
analyzed earlier. Detailed environmental information
is available frc~ the Draft and Final Environmental
Impact Statements. The site contains prime farm
soils, but has not been used for agriculture for many
years. It is covered with transitional o16 field
vegetation and young woods. The parcel's 1,441 feet
of soundfront contain bluffs that range in height
from 30 to 50 feet. The bluff area is considered to be
stable, but subject to erosion from human activity as
well as northeasters. Behind the bluffs, the property
slopes to the south, dropping to 13 feet above sea
level at SR 25. There is about 57,, feet of road front-
age.
SURROUNDING LAND USES AND ZONING:
This parcel is bordered on its north by Long Island
Sound; and on the east by more than 133 acres of most-
ly undeveloped land which was studied earlier as Par-
cel #4. Most of Parcel ~4 is zoned HD, but the south-
.20
wesnern corner of it is zoned Limited Business (LB)
and it contains the historic residence known as
Brecknock Hall. To the south lies PorRy's Restau-
rant and State Route 25. The area around Pqrky's
Restaurant is zoned LB also. To the west, this parcel
is bordered by residential homes fronting on Sound
Drive, all of which are zoned R-40.
STATUS OF DEIfELOPME/qT: kPPROVALS ~RND INFRASTRUCTURE:
No applications for subdivision or site plan have been
made.
PUBLIC POLICf:
When tnis parcei is viewed in conjunction with Parcel
~4, studied earlier, and the LB zones (Porky's Res-
taurant and Breck~nock Hall), it becomes evident that
the net effect of this zoning pattern is to create a
very high density residential and business center just
outside the Village boundaries. This would appear to
be contrary to the several of the goals of the Master
Plan.
First, the parcel is separated from the Village by a
heavily travelled State road, and is not located with-
in easy walking distance to the business center of
Greenport Village, which is nearly a mile to the
south.
Second, the size of the HD parcel (42 acres), when
considered with the 133+ acres of the adjoining HD-
zoned property to the east (Parcel ~ 4) and the 16
acres of LB zoning abutting it, will work against
attempts to strengthen and preserve the character and
economic integrity of the Greenport Village hamlet and
business center. Greenport's role as a transportation
hub, deepwater port, tourist designation and provid-
er of public water is important to the Town as a
whole; and this should be recognized by the Town in
its public policies.
Third, this parcel, together with Parcel #4 will have
an impact on the volu3ne of traffic at the Sound Drive,
SR 25 and CR 48 intersection. The State has acknowl-
edged this impact by requiring road and inter~ection
modifications for development associated with Parcel
~4, and may well require additional modifications for
this site. Fourth, the availability of public water or
sewer to this site %s not assured at this time.
· 2 1
Finally, the appropriateness of the R-40 designation
must be addressed. The R-80 zoning designation that
preceded this rezoning was the base zoning in Southold
Town since 1983 whet the Town increased the minimum
required lot area for its sole residential zone, "A",
from one acre to two acre. In 1989, the Town reaf-
firmed its 1983 decision by zoning the subject parcel
R-80, which is equivalent to the two acre density.
The recent rezoning to R-40 had the effect of placing
twice the residential density on the most environmen-
tally sensitive part of the property, which is con-
trary to our policy of encouraging the preservation of
environmentally sensitive areas, and of promoting
development patterns that are responsive to sensitive
coastal features such as bluffs. The sensitivity of
this site's waterfront and bluffs can be judged by
noting the New York Department of State's reco~m~enda-
tion that the adjoining parcel to the east (Parcel ~4)
be preserved in its entirety because of its importance
as wildlife habitat and as an example of the Eastern
Bluffs ecological complex.
Further, the trade-off of twenty acres of R-40 zoning
on sensitive coastal prope3ty for the provision of
forty-two acres of afford~i, ia housing to the south has
no basis or support in our public policies for land
use planning. There no demonstrated need for new
affordable singie-family housing in a hamlet that
already contains a disproportionate share of the
Town's affordable units. In fact, the Town has not
seen to-it that opportunities for new affordable hous-
ing are spread throughout the Town so that each hamlet
is able to provide such opportunities for its resi-
dents.
RECOM>~NDATION:
Rezone the property to a lower density residential
use that will pron~ct its sensitive coastal resources,
and that will provide for a level of residential devel-
opment that is more compatible with the infrastructure
and economic development of the Village hamlet.
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AHD
f~-~O
HD
R~40
R-80
iSL,~NO
~ ~ ~ SOUTHOLD
APPENDIX
Goals and Policies for 1984 Master Plan Updgte
(Underlining emphasis added.)
GOAL: Overall Planning
Provide a community of residential hamlets which are:
comprised of a variety of housing opportunities and
commercial, service, and cultural activities; serving to
establish a sense of place; set in a open or rural
atmosphere; supported by a diversified economic base
(including agriculture, marine con~nercial and seasonal
recreation activities) that maximizes the Town's natural
assets, including its coastal location; and are striving
for a compatibility between the natural environment and
development.
POLICY: Overall Planning
Implement planning policies which provide for a number of
housing types, promote agricultural preservation,
encourage the preservation of environmentally sensitive
areas, protect groundwater, encourage water-dependent and
water-enhanced uses of coastal lands, and support
con~nercial and industrial activities in appropriate
locations.
GOALS: Housin~ / Residential Development
Preserve the existing housing stock and provide the
opportunity for the developmen~ of a variety of housing
types to meet the needs of people at various stages of the
life cycles, various income and age levels and household
con~ositlons.
POLICY: Housing / Residential Development
Encourage housing development, of varying types and
densities, in and around existing hamlets.
GOALS: Environment
Preserve and enhance the Town's natural environment.
POLICIES: Environment
23
Restrict development in wetlands, tidal marshes,
bluffs, dunes and beaches.
Promote a development pattern that is responsive to
sensitive areas exhibiting prime agricultural soils, poor
drainage, high water table, high erosion hazard, flood
hazard, sensitive coastal features, great scenic quality
and woodlands.
Promote development patterns that are at a scale that is
commensurate with the available water supply.
GOALS: Cultural Environment
Preserve and strengthen the hamlets as cultural,
residential and commercial centers of activity in the Town;
as a means of creating viable uses for historic buildings
and areas and encouraging a "sense of place."
POLI~f: Cultural Environment
Plan for intensity and mix of development of hamlet
centers that improve the viability, functioning and
aesthetics of hamlet commercial centers without changing
the scale of the centers.
GOALS: Waterfront
Maximize appropriate use of coastal areas in a manner
that protects sensitive coastal areas, maximizes access to
the water and achieves economic benefit.
POLICIES: Waterfront
Increase the number and quality of public beaches.
Insure physical and/or visual access to scenic vistas and
waterfront areas.
GOALS: Transportation
Insure adequate movement of people and goods within
Southold, as well as into and out of Town, in a manner
that maximizes safety and maintains the integrity of
residential and agricultural areas.
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GOALS: Community Facilities/Utilities
Ensure the provision of an adequate range of cor~nunity
facilities, services and utilities to accommodate existing
and future Town needs in a convenient and cost effective
manner.
These Goals and Policies were drafted as a means of addressing
the relevant planning issues. (Copies of the April and May 1983
memoranda from the Town's planning consultants which detail
these issues follows.)
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[
Raymond, Pari~h, Pine & Weiner, Inc. 555 ~,'/h~te Pl~ns FloacL Tarrv[o,;~n, NY 10591 914/631-g003 212/365 2666
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TO: $outhold Planning Board
FROM: RPPW, Inc.
RE: PLANNI~G ISSUES
Memorandum
April 26, 1983
The Town Master Plan has to address various issues, many of which
are interrelated and many of which require consideration of
alternative responses. Based upon the preliminary analysis of
the various factors affecting planning in Southold, the following
are the issues to be addressed in the Plan:
ae
Overall Pattern of Develooment
Protection of Town's Rural/Exurban Character reflected
in a combination of hamlet centers, farmland, large
expanses of undeveloped land - accommodation of new
development within this framework
2. Suitabilit,~ of Land for Develooment
development or retention of farmland
· proximity to/adequacy of community services
protection of environmental features - wetlands;-
tidal marsh; dunes, beaches and bluffs; scenic
vistas; wate~.~ays - creeks and ponds;
· physical constraints - high water table; steep
slope; poor soil pez-meability; flood hazard areas;
erosion hazard areas - siltation
· drainage problems
3. AGriculture
· economic viability; changing structure; cost
changing crops
· availability of farm labor
· impact on water quality and on water quantity
· preservation of land for farming or open space
of
26
Water
Sunpl'; - Quantity and Qualit,~
protection of subsurface water from pollution
emanating from development and agriculture;
implications for development policy
sufficiency of potable water to service future
development, especially in Orient, East Marion and
along coastline
· approach to supply of water - individual wells;
small central systems; few larger systems
· implications of importing water; desalinization of
salt water
Housing/Residential Develomment
· distribution/density
lack of affordable housinq for low, moderate and
middle income segments of population
· absence of small units - older and younger one and
two person households
· seasonal vs. year-round housing
· conversion of seasonal to year-round
Population Mix
· aginq of population - decline of labor force;
implications for volunteer services such as fire
and rescue service; changing service needs
· year-round/seasonal - implications for services
A~Droved - Unbuilt Subdivisions
· why unbuilt - density; location; physical
conditions
· implications for water consumption; other services
· ownership pattern - affect upon future planning/
zoning -.
Traffic and Transportation
· adequacy of existing major east-west-~oads to
accommodate traffic; technical capacity - desired
levels of traffic
· safety at several key locations
· private roads - emergency access - implications
for access to beaches
· need for or appropriateness of improved north-
south roads
· need for and location of a Town airport
· adequacy of service by buses and trains - year--
round/summer season/time of day
· need to encourage expansion of ferry service to
expand markets in New England ~
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9. Economy
· seasonality of economy - need to expand and/or
create year-round economy; increase jobs for young
adults
· stability of agriculture and fishinq - need to
protect resources (farmland, fish habitats)
appropriateness of encouraging agriculture and
fishing as elements of economy; mariculture
· need for flexibility on part of farmers and farra
workers - retraining
· limited growth potential for commerce and industry
including fishing and agriculture
· expansion of seasonal/tourist economy
10. Historic and Cultural Resources
· prsservation as part of Town's quality; heritage
· enhancement for economic purposes
11. Seasonal Development
how much, where and what type (seasonal
residences/transient tourist) land consumption
and potential damage to environment; importance to
economy - jobs and tax base; limited demand on
many services
12. Hamlet Centers
· preserve scale and character/concentration of
housing and services
· focus of Town's economy - commerce limit strip
commercial development
· historic preservation program
Community Facilities
13. Schools
· potential consolidation - potential increase in
shared services
· extent to which existing physical plant can
accommodate additional enrollment
· school plant as resource for recreation/cultural
and educational activities coordination of use and
programming
14. Sewer
· implications of expandin~ Greenport system -
limited capacity
28
· use of individual inground systems or small ~
central inground systems - limitation on density;
impact on subsurface water
· new treatment systems - cost; level of development
necessary to support versus desired density of
development
15. Water Supply
· protection of quality of supply
· continuation of individual wells versus central
supply
· treatment of individual and public/community
systems wells; costs
· import water or desalihization
· establishment of Town supply and/or treatment
district to serve all or part of Town
· expansion of Greenport system
16. Public Safety
· Fire - assurance that all areas of Town covered
need to improve accessibility to some areas;
future availability of manpower; substandard
private roads
· Police - adequacy of facilities for future
development; seasonal expansion
· ~mer~enc~-Rescue - sufficient for emergencies;
only one ambulance service for general medical
transportation; manpower
17. Recreation
18.
· need to assure access to water for recreation
including boat launch and mooring sites, beaches,
and scenic vistas
· need additional recreation areas and open space
areas in scme parts of the Town
· swimming pool; youth center(s)
· access to school facilities assures availability
of basic facilities to all areas of the Town
Landfill
· life of present facility limited - expand or
pursue alternative source of disposal
· landfill on aquifer - threat to subsurface water
· methane gas - use for energy or dissipate
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Coastal Issues
19. Access to Water
· beaches - swimming, bathing, walking, viewing
scenic vistas
· boat launching on north shore/launching and
mooring on south shore for commercial and
recreational fishermen
· attractiveness for private residential/commercial
development often precludes maintenance of access
· use for resort facilities
20. Quality of Coastal Waters
· critical to fishing industry and recreational
fishing
· swimming/water sports
· marine habitat
· encouragement of mariculture development
21. Coastal Land Use Conflicts
· availability of land for marine commercial uses
a priority objective
· need for additional boat slips - dredging
· competition with water-enhanced uses such as
restaurants, motels
22. Protection of Sensitive Coastal Environment
· tidal marshes
· dunes, beaches, bluffs
· scenic vistas
· water quality
23. Salt Water Intrusion
· need to protect ground water - limit on coastal
area development ~
24. Navicabilitv of Water~.;avs
· siltation and dredging - disruption of shellfish
beds/spawning grounds
The Master Plan will address these issues. The next step will be
to establish a set of goals to serve as a mechanism to measure .
the response to the issues. The process for establishing a
concensus on goals will be one of the initial steps in Phase II,
the preparation of the Plan itself.
3O
Raymond, ParLsh, Pine & Weiner, Inc. 555",'./b~te plains Road. Tarrytown NY 1 0591 91~)631-9~03 212I~,~5-2666
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June 20, 1983
TO: Southhold Planning Board
FROM: RPPW, Inc.
RE: PLANNING GOALS
. A clear statement of the Town's long range goals is an important
element of the planning process in that it for~s the basis for
various l~nq and short range objectives, policies, strategies,
and programs. Such a statement will help to crystalize in the
minds of residents, business people, and public and private
decisionmakers the precise directions in which the Town should
develop. Such a statement is useful in setting priorities as
well.
While the goals are general, if there is a consensus or general
agreement on them and on their interpretation, they provide
'justification for more specific elements of the planning and
development process. .'
To achieve this consensus and a sense of priorities, a process
for refining the initial statement needs to be carried out. This
memorandum sets forth an initial statement of goals which can
serve as a basis for discussion.
This initial statement is drawn from several sources including
meetings of the Master Plan Workshop, discussions with various
representatives of Town agencies, private business, institutions,
and environmental and real estate groups.
This initial statement does not necessarily reflect the or~er of
priority. It may very well be that as discussions proceed,
priorities will become evident and adjustments will be made.
The main purpose of this memo is to stimulate thinking and
discussion on this important topic as a basis for the Town Plan.
31
PROPOSED GOALS .AND POLICIES
Overall Plannino
Goal
Provide a community of residential hamlets which are:
comprised of a variety .Df housing opportunities and commer-
cial, service, and cu!~ural activities; serving to establish
a sense of place; set in an open or rural atmosphere;
supported by a diversified economic base (including agricul-
ture, marine commercial and seasonal recreation actLvities)
that maximizes the Town's natural assets, including its
coastal location; and are striving for a compatibility
between the natural environment and development.
Policies
Implement plannin? policies which provide for a number of
housing types, promote agricultural preservatlon, encourage
the preservation of environmentally sensitive areas, protect
groundwater, encourage water-dependenu and water-enhanced
uses of coastal lands, and supoort commercial and industrlal
activities in approprlaue locations.
Housing/Residential Develorment
Goals
Preserve the existing housing
tunity for the development of
meet the needs of people at
cycle, various income and age
tions.
Policies
stock and provide the oppor-
a variety of housing types to
various stages of the life
levels and household composi-
Encourage housing development, of varying types and den-
sities, in and around existing hamlets.
Using available assistance programs as well as land use,
regulatory techniques and procedures to provide such assis-
tance as may be needed to provide affordable housing,
especially to younger and .~ldcr segments of the community
and to allow retired er moderate income homeowners to
maintain their properties.
Maintain the integrity of resi!entSal neighborhoods by
preventing through traffic movement 2nd by discouraqin~ uses
that are incompatible with a residential environment.
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Act!cultural Preservation
Preserve the Town's prime farmland and encourage its con-
tinued use for agriculture.
Policies
Limit non-agricultural uses
areas through methods such
easements.
in designated prime agricultural
as agricultural zoning and
Promote a Town agricultural preservation program, incor-
porating purchase of development rights, transfer of devel-
opment rights, public information training and financial
assistance programs to enable farmers to diversify into more
profitable crops.
Environment
Goals
Preserve and enhance the Town's natural environment.
~Iaintain and protect Southold's agricultural heritage and
pastoral and open quality.
Insure that there is adequate quantity of potable water to
serve Southold's year-round and seasonal populations.
Policies
Restrict development in wetlands, tidal marshes, bluffs,
dunes and beaches.
Promote a development pattern that is responsive to sensi-
tive areas exhibiting prime agricultural soils, poor drain-
age, high water table, high erosion hazard, floo~ hazard,
sensitive coastal features, great scenic quality and wood-
lands.
Protect the Town's water supply from further contamination
by encouraging the use of techniques that reduce pollution
from fertilizers, herbicides and pesticides (agricultural
and residential), requiring adequate watcr supply and seotic
system conditions for new development, and employing minimal
maintenance dredging of streams (to minimize salt water
intrusion).
Promote development patterns that are at a scale that is
commensurate with the available water supply.
33
Maintain and improve surface water quality by reducin~
sources of pollution and utilizing modern runoff control
techniques to reduce stream siltationl
Maintain finfishinq and shellfishin~ habitats by reducinq
sources of pollution and by limitinq dredging of streams and
disturbance of wetlands.
Cultural Environment
Goals
Preserve the historic, cultural, architectural and archae-
ological resources of the Town.
Preserve End strengthen the hamlets as cultural, residential
and commercial centers of activity in the Town; as a me~ns
of creatinq viable use~ for historic buildings and areas and
encouraging a "sense of place."
Policies
Promote the inventorying of cultural resources and encourage
the establishment of Town historic districts and preserva-
tion of historic buildings and sites.
Plan for intensity and mix of development of hamlet centers~
that improve the viability, functioning and aesthetics of
hamlet commercial centers without changing the scale of the
centers.
Economic Develooment
Goals
Strengthen and diversify the Town's economic base as a means
of stabilizing and expanding the tax base and year-round and
seasonal employmenu opportunities.
Policies
Encourage diversification of agricultural crops and the
marketinq of Southold as a prime location for climate-
sensitive forms of agriculture.
StJengthen the To~n's important commercial fishing and
agriculture industries.
Promote vacation
Town's year-rou~d
heritage.
and seaso~al uses with respect for the
needs, emvironment~l features and rural-
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the To;~n's existing commercial areas but do not
encourage large scale expansion of curren5 development.
Encourage tk~ development of further- public and private
maricu!ture activities in the waters adjacent to the Town.
~ncourage the development of land based support facilities
for the '~cwn's fishing industry.
Provide opportunities to accommodate office and research
development, light industry and industries related to other
elements of the economy.
Limit strip commercial areas and encourage the concentration
of commercial uses in existing shopping areas.
Waterfront
Goals
Maximize appropriate use of coastal areas in
protects sensitive coastal areas, maximizes
water and achieves economic benefit.
a manner that
access to the
Policies
Prcmote water-dependent and water-related uses in waterfront
areas which are not environmentally sensitive.
Protect the quality of coastal waters.
Increase the number and quality of public beaches.
Insure physical and/or visual access to scenic vistas and
· . waterfront areas~
Promote co~ercial and recreational fishing and boating
opportunities where there are no conflicts with existing
residential development or sensitive natural features.
Promote maintenance of existing navigable waterways.
Transportation
Goals
Insure adequate movement of people and goods within
Sou~hold, as well as into and out of To%~n, in a manner that
maximizes safety and maintains the integrity of residential
and agricultural areas.
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Policies
Encourage
tion.
the use and/or development of public
transporta-
Encouraqe roadway and intersection improvements
improve the flow of traffic and promote safuuy.
Community Facilities/Utilities
that will
Goals
Ensure the provision of an adequate range of community
facilities, services an~ utilities to accommodate existing
and future Town needs in a convenient and cost effective
manner.
Policies
Improve, maintain and expand where appropriate to accommo-
date present and future development of the water supply,
sanitary sewer, storm drainage and solid waste disposal
systems in order to support the desired level of development
and to maintain and protect a healthful living environment,
a viable economic base and the natural environment.
Provide an open space and recreation system adequate in size~
and location to serve the total (seasonal and year-rounl)
population.
Assure availability of and/or access to a full range of
modern health services, including emergency services, for
all citizens.
Provide a full spectrum of accessible educational facilities
'and services to meet the needs of all segments of the
community in the most efficient and effective manner.
Promote the provision and availability of necessary social
services, including appropriate neighborhood, senior citi-
zen, and day care facilities.
Provide a full range of public safety services (police,
fire, ambulance, rescue, etc.) necessary to create an
environment of personal security and protection of property.
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APPENDIX B
Brief Synopsis of Changes Made to Specific Z~ning
Districts in the Southold Town Code 1957 - 1989
In 1957, there were only three zoning districts: "A"
Residential and Agricultural, "B" Business and "C"
Industrial. The "A" district permitted one-family
dwellings and a number of other community facility-type
uses, but not multiple dwellings. The "B" district,
however, permitted two-family dwellings and multiple family
dwellings, provided however that the lot area and other
requirements of the "A" district were complied with.
In 1958, the "M" Multiple Residence District was added to
the Zoning Code. This district permitted all the uses
allowed in the "A" district, plus multiple dwellings
designed for and occupied by not more than four families.
Hotels, motels, boarding and tourist houses and cottages
were also permitted. The minimum lot area required in this
district was 12,500 square feet.
It is interesting to note that in 1958, the "B" district
permitted multiple family dwellings as regulated by
specific provisions of the "A" district. In fact, the "B"
district allowed densities up to twenty families on one
acre of land. By contrast, the "M" district only permitted
a density of four families per 12,500 square feet or about
fourteen units to the acre.
In 1966, the Zoning Code was amended to provide two
multiple residential districts: "M" and "M-l". The "M"
Multiple Residence district allowed all the uses permitted
in the "A" district plus dwellings designed for and
occupied by not more than four families, boarding and
tourist houses, motels and hotels, tourist cottages and
camps, and non-co~nercial marinas. The "M-i" district was
similar except that it did not allow hotels, motels,
tourist cottages or camps, and non-commercial marinas. The
minimam required lot area remained at 12,500 square feet
per lot.
The 1966 Code also had three business districts, of which
only the "B-2" district is of interest to us here. That
district allowed all the uses allowed in the "A", "M", and
"M-i" districts along with multiple dwellings and bonafide
co~nercial uses. The maximum allowable density was still
twenty units to the acre. And, the allowable density in
both multiple residence districts still limited to the
equivalent of fourteen tD the acre.
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In 1971 the entire Zoning Code was revamped. The "M"
District was renamed the ~'M" Light Multiple Residence
District: and, the "M-i" Multiple Residence district was
renamed the "M-i" General Multiple Residence District. In
the "M" Light district, all "A" uses were permitted by
right, along with multiple dwellings for up to four
families and boarding and tourist houses. The "M-l"
General district permitted all the uses allowed in "M"
Light. But other uses that previously were permitted as of
right (such as non-commercial marinas, multiple dwellings,
motels and hotels and tourist camps) now required a
Special Exception. In 1971, the required minlmum lot areas
increased, dramatically, to 40,000 square feet for "A" and
"M" Light districts; and 80,000 square feet for "M-i"
General districts.
Also in 1971, the three business districts were
consolidated back to two districts. One parcel under
review in this study was changed from "B-2" to "B" Light
Business. Ail uses that were permitted in the "M" and
"M-I" districts were also permitted in the "B" Light
district, exactly as provided for in the multiple residence
districts. In keeping with other increases, the minimum
lot area in the "B" Light district was increased to 20,000
square feet.
In 1989, major changes were made to the Zoning Code, which
is the one we use today. In this Code, both multiple
residence districts were eliminated, and a new district,
the Hamlet Density HD District, was created. The
business districts were changed also. Today, the B General
and HB Hamlet Business districts closely parallel the
business districts of the previous code, meaning that
multiple dwellings are allowed by Special Exception within
these zones.
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Draft Notes from the Town Board Work Session on Hamlet Density review, 2/25/94
Boardmembers made a number of general con~nents about the review, including these:
There is a substantial amount of inappropriately zoned property in the Town and
it is now timely to deal with it.
Of particular concern is the tendency towards suburban sprawl -- the natural form
that development is likely to take in the absence of well thought-out planning.
The Master Plan and the Stewardship Task Force both emphasize hamlet-center
development as appropriate to Towns like Southold. Promoting most growth in
and around the hamlet centers strengthens the business prospects of our
"downtown" centers while keeping open space and farmland undeveloped.
Greenport is a special planning case because the Incorporated Village has its own
planning and zoning framework, it has the largest developed business center in the
Town, and because there is a preponderance of unbuilt HD parcels on the edge of
the Incorporated Village.
HD parcels, if developed to maximum density, require public water and public
sewers_ The Greenport Water Company has been called on to supply public water
to some of the HD parcels but the utility has not been able to extend its system as
requested in many cases. Property owners have options other than Greenport
water, however, and at some future point SCWA water is a distinct possibility in
the area. At present, all Greenport water comes from wells within the Town but
outside the Incorporated Village. The availability of public water and sewers may
be a secondary concern but should not be a primary consideration in this review.
It has been about ten years since RPPW began developing its master plan
recommendations; it is therefore appropriate to consider now possible modifications
to the Master Plan and refinements in its implementation.
The HD review is only one of many possible changes that may be warrahted in our
zoning map. The Town Board will want to look into the appropriateness of other
zones and policies, and will want to consider some positive incentives, particularly
in the hamlet center areas, not simply additional restrictions. There are arguments
for proceeding ahead only when the Board has a pac 'kage of changes that addresses
all or many of these needs, but it is probably not feasible to attempt to hold up all
changes until we have agreement to enact them all at one time.
The proposed review raises questions of the property rights of the owners. It is
not clear that all owners would be disadvantaged by an upzoning. In certain cases,
in particular those in which owners have actually begun constructing pursuant to
a building permit, they may have vested rights.
The "public good" is the ultimate criterion for Boardmembers to use in considering
possible zone changes, i_e_, posed as a question, is the proposed action (or
inaction) likely to benefit the community as a whole?
Boardmembers made these specific conunents regarding the eight parcels reviewed:
Parcels 1, 5 and 7 are relatively close together, have received almost no
development activity (except for part of parcel 7), are almost completely wooded,
and are farthest from the Greenport line. The arguments for rezoning may be
strongest for these three.
Parcel 2 has been used in the past for a boarding house. It has some wetlands at
one end of the property and is surrounded on three sides by the Incorporated
Village's park zone. Questions of hardship on the owners were raised in the event
of a rezoning. An RR designation may be warranted for this parcel.
Parcel 3 is close enough to the Village center that it could remain HD.
Alternatively, it could be rezoned to match neighboring parcels (LIO, General
Business).
Parcels 4 and 8 are by far the most important of those under review because,
among others, of their size (almost 500 units planned), location relative to the
Village center, potential for traffic generation near a strategic road crossing, and
frontage on the Sound. Because they have much in common and are adjacent,
most of the arguments for one apply to the other. There is strong rationale for
rezoning both parcels but there is also concern about possible vested rights of the
owners.
The HD designation of parcel 6 in Cutchogue was generally acknowledged to be
appropriate in view of its proximity to Cutchogue village.
The Supervisor said he would like to put this matter on as a for-discussion item at the next
Town Board meeting (Mar 8) and would reserve an hour for the discussion.
T. Wickham
2 Mar 94
Proposed Outline of the Review
Introduction and Background
- Purpose of HD Zone
- HD uses by right and by spec exception
- Current extent of HD parcels
- Newly-created HD parcels through zone change
- How HD zones were treated in Master Plan
- Special impact of public water, sewers on HD zones, and vv.
Need for the Review
Concern about Greenport
Disproportionate concentration of density
Disproportionate concentration of affordable housing
Burden of providing public water, sewers
Few HD parcels actually built out
Question of consistency of HD zones with:
Master Plan goals and objectives
US/UK Stewardship Report
Stewardship Task Force recommendations (draft)
Other . . .
3. Town Board Resolution of Jan. 4
Test of resolution
Board's intent
Asked staff to carry out the review
4. Criteria of the review
Public Policy
Physical limitations
Surrounding land uses
Status of Infrastructure
Current state of development
Other . .
Panel-by-Parcel Review
Conclusions and Recommendations.
DISCUSSION OF HD ZONE REVIEW
Should HD zones be spread evenly through the Town or just focused around
one or two hamlets?
How should the goals of Raymond, Parrish, Pine and Wiener's memorandum
on planning issues be applied to the present HD zones?
What is the current state of development in the HD zones?
Are there physical limitations on these properties, i.e. wetlands, bluffs,
waterfront access, etc.?
What are the land uses surrounding these HD zones?
What is the status of the infrastructure (water and sewer) to serve these
properties ?
IR, PW
Raymond, Parish, Pine & Weiner, Inc. 555 While Plains Road. Tarr,~(own. NY 10591 914/631-9003 212/255-2666
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Memorandum
June 20, 1983
TO: Southhold Planning Board
FROM: R~PW, Inc.
RE: PLANNING GOALS
A clear statement of the Town's long range goals is an important
element of the planning process in that it forms the basis for
various long and short range objectives, policies, strategies,
and programs. Such a statement will help to crystalize in the
minds of residents, business people, and public and private
decisionmakers the precise directions in which the Town should
develop. Such a statement is useful in setting priorities as
well.
While the goals are general, if there is a consensus or general
agreement on them and on their interpretation, they provide
'justification for more specific elements of the planning and
development process.
To achieve this consensus and a sense of priorities, a process
for refining the initial statement needs to be carried out. This
memorandum sets forth an initial .statement' of goals which can
serve as a basis for discussion. --
This initial statement is drawn from several sources including
meetings of the Master Plan Workshop, discussions with various
representatives of Town agencies, private business, institutions,
and environmental and real estate groups.
This initial statement does not necessarily reflect the order of
priority. It may very well be that as discussions proceed,
priorities will become evident and adjustments will be made.
The main purpose of this memo is to stimulate thinking and
discussion on this important topic as a basis for the Town Plan.
PROPOSED GOALS AND POLICIES
Overall Plannin~
Goal
Provide a community of residential hamlets which are:
comprised of a variety of housing opportunities and commer-
cial, service, and cultural activities; serving to establish
a sense of place; set in an open or rural atmosphere;
supported by a diversified economic base (including agricul-
ture, marine commercial and seasonal recreation activities)
that maximizes the Town's natural assets, including its
coastal location; and are striving for a compatibility
between the natural environment and development.
Policies
Implement planning policies which provide for a number of
housing types, promote agricultural preservation, encourage
the preservation of environmentally sensitive areas, protect
groundwater, encourage water-dependent and water-enhanced
uses of coastal lands, and support commercial and industrial
activities in appropriate locations.
Housing/Residential Develooment
Goals
Preserve the existing housing stock and provide the oppor-
tunity for the development of a variety of housing types to
meet the needs of people at various stages of the life
cycle, various income and age levels and household composi-
tions.
Policies
Encourage housing development, of varying types and den-
sities, in and around existing hamlets.
Using available assistance programs as well as land use,
regulatory techniques and procedures to provide such assis-
tance as may be needed to provide affordable housing,
especially to younger and older segments of the community
and to allow retired or moderate income homeowners to
maintain their properties.
Maintain the integrity of residential neighborhoods by
preventing through traffic movement and by discouraging Uses
that are incompatible with a residential environment.
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Acricultural Preservation
Goals
Preserve the Town's prime farmland and encourage its con-
tinued use for agriculture.
Policies
Limit non-agricultural uses
areas through methods such
easements.
in designated prime agricultural
as agricultural zoning and
Promote a Town agricultural preservation program, incor-
porating purchase of development rights, transfer of devel-
opment rights, public information training and financial
assistance programs to enable farmers to diversify into more
profitable crops.
Environment
Goals
Preserve and enhance the Town's natural environment.
Maintain and protect Southold's agricultural heritage and
pastoral and open quality.
Insure that there is adequate quantity of potable water to
serve Southold's year-round and seasonal populations.
Policies
Restrict development in wetlands, tidal marshes, bluffs,
,. dunes and beaches.
Promote a development pattern that is responsive to sensi-
tive areas exhibiting prime agricultural soils, poor drain-
age, high water table, high erosion hazard, flood hazard,
sensitive coastal features, great scenic quality-and wood-
lands.
Protect the Town's water supply from further contamination
by encouraging the use of techniques that reduce pollution
from fertilizers, herbicides and pesticides (agricultural
and residential), requiring adequate water supply and septic
system conditions for new development, and employing minimal
maintenance dredging of streams (to minimize salt Water
intrusion).
Promote development patterns that are at a scale that is
commensurate with the available water supply.
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Maintain and improve surface water quality by reducing
sources of pollution and utilizinq modern runoff control
techniques to reduce stream siltation.
Maintain finfishing and shellfishing habitats by reducing
sources of pollution and by limiting dredging of streams and
disturbance of wetlands.
Cultural Environment
Goals
Preserve the historic, cultural, architectural and archae-
ological resources of the Town.
Preserve End strengthen the hamlets as cultural, residential
and commercial centers of activity in the Town; as a means
of creatin~ viable uses for historic buildings and areas and
encouraging a "sense of place."
Policies
Promote the inventorying of cultural resources and encourage
the establishment of Town historic districts and preserva-
tion of historic buildings and sites.
Plan for intensity and mi:{ of development of hamlet centers~
that improve the viability, functioning and aesthetics of
hamlet commercial centers without changing the scale of the
centers.
Economic Development
Goals
Strengthen and diversify the Town's economic base as a means
of stabilizing and expanding the tax base and year-round and
seasonal employment opportunities.
Policies
Encourage diversification of agricultural crops and the
marketing of Southold as a prime location for climate-
sensitive forms of agriculture.
Strengthen the Town's important commercial fishing and
agriculture industries.
Promote vacation and seasonal uses with respect for the
Town's year-round needs, environmental features and rural
heritage.
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Improve the Town's existing commercial areas but do not
encourage large scale expansion of current development.
Encourage the development of further public and private
mariculture activities in the waters adjacent to the Town.
Encourage the development of land based support facilities
for the Town's fishing industry.
Provide opportunities to accommodate office and research
development, light industry and industries related to other
elements of the economy.
Limit strip commercial areas and encourage the concentration
of commercial uses in existing shopping areas.
Waterfront
Goals
Maximize appropriate use of coastal areas in a manner that
protects sensitive coastal areas, maximizes access to the
water and achieves economic benefit.
Policies
Promote water-dependent and water-related uses in waterfront
areas which are not environmentally sensitive.
Protect the quality of coastal waters.
Increase the number and quality of public beaches.
Insure physical and/or visual access to scenic vistas and
waterfront areas.~
Promote com~aercial and recreational fishinq and boating
opportunities where there are no conflicts with existing
residential development or sensitive natural features,
Promote maintenance of existing navigable wate~¢ays.
Transoortation
Goals
Insure adequate movement of people and goods within
Southold, as well as into and out of To~{n, in a manncr that
maximizes safety and maintains the integrity of residential
and agricultural areas.
Policies
Encourage the use
tion.
and/or development
of public transporta-
Encourage roadway and intersection improvements that will
improve the flow of traffic and promote safety.
Communit~ Facilities/Utilities
Goals
Ensure the
facilities,
and future
manner.
provision of an adequate range of community
services and utilities to accommodate existing
Town needs in a convenient and cost effective
Policies
Improve, maintain and expand where appropriate to accommo-
date present and future development of the water supply,
sanitary sewer, storm drainage and solid waste disposal
systems in order to support the desired level of development
and to maintain and protect a healthful living environment,
a viable economic base and the natural environment. ~
Provide an open space and recreation system adequate in sizs~
and location to serve the total (seasonal and year-round)
population.
Assure availability of and/or access to a full range of
modern health services, including emergency services, for
all citizens.
Provide a full spectrum of accessible educational facilities
and services to meet the needs of all segments of the
community in the most efficient and effective manner.
Promote the provision and availability of necessary social
services, including appropriate neighborhood, senior citi-
zen, and day care facilities.
Provide a full range of public safety services (police,
fire, ambulance, rescue, etc.) necessary to create an
environment of personal security and protection of property.
Raymond, Parish, Pine & Weiner, Inc. 555 White Plains Road. Tarry[own, NY lOE
Memorandum
April 26, 1983
TO: Southold Planning Board
FROM: RPPW, Inc.
RE: PLANNING ISSUES
The Town Master Plan has to address various issues, many of which
are interrelated and many of which require consideration of
alternative responses. Based upon the preliminary analysis of
the various factors affecting planning in Southold, the following
are the issues to be addressed in the Plan:
A. Overall Pattern of Develooment
Protection of Town's Rural/Exurban Character reflected
in a combination of hamlet centers, farmland, large
expanses of undeveloped land - accommodation of new
development,..within this framework
~uitability of Land for Development
development or retention of farmland
· proximity to/adequacy of community services
protection of environmental features - wetlands;-
tidal marsh; dunes, beaches and bluffs; scenic
vistas; waterways - creeks and ponds;
· physical constraints - high water table; steep
slope; poor soil permeability; flood hazard areas;
erosion hazard areas siltation
· drainage problems
3. Acriculture
· economic viability; chan~ing structure; cost
changing crops
· availability of farm labor
· impact on water quality and on water quantity
· preservation of land fo- farming or open space
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Water Supply - Quantity and Ouality
· protection of subsurface water from pollution
emanating from development and agriculture;
implications for development policy
sufficiency of potable water to service future
development, especially in Orient, East Marion and
along coastline
· approach.to supply of water - individual wells;
small central systems; few larger systems
· implications of importing water; desalinization of
salt water
Housing/Residential DeveloPment
· distribution/density
· lack of affordable housing for iow, moderate and
middle income segments of population
· absence of small units - older and younger one and
two person households
· seasonal vs. year-round housing
· conversion of seasonal to year-round
Population Mix
· aging of population - decline of labor force;
implications for volunteer services such as fire
and rescue service; changing service needs
· year-round/seasonal implications for services
Auuroved - Unbuilt Subdivisions
why unbuilt - density; location; physical
conditions
· implications for water consumption; other services
· ownership pattern - affect upon future planning/
zoning
Traffic and T~ans~ortation
· adequacy of existing major east-west roads to
accommodate traffic; technical capacity desired
levels of traffic
· safety at several key locations
· private roads - emergency access - implications
for access to beaches
· need for or appropriateness of improved
south roads
· need for and location of a Town airport
· adequacy of service by buses and trains
round/summer season/time of day
· need to encourage expansion of
expand markets in New England
north-
- year--
ferry service to
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· seasonality of economy need to expand and/or
create year-round economy; increase jobs for young
adults
· stability of agriculture and fishing - need to
protect resources (farmland, fish habitats)
appropriateness of encouraging agriculture and
fishing as elements of economy; mariculture
· need for flexibility on part of farmers and farm
workers - retraining
· limited growth potential for commerce and industry
including fishing and agriculture
· expansion of seasonal/tourist economy
10. Historic and Cultural Resources
· preservation as part of Town's quality; heritage
· enhancement for economic purposes
11. Seasonal Development
how much, where and what type (seasonal
residences/transient tourist) land consumption
and potential damage to environment; importance to
economy - jobs and ta~ base; limited demand on
many services
12. Hamlet Centers
· preserve scale and character/concentration of
housing and services
· focus of Town's economy - commerce - limit strip
commercial development
· historic preservation program
Community Facilities
13. Schools
· potential consolidation potential increase in
shared services
· extent to which existing physical plant can
accommodate additional enrollment
· school plant as resource for recreation/cultural
and educational activities coordination of use and
programming
14. Sewer
· implications of expandin% Greenport system
limited capacity
· use of individual inqround systems or small
central inground systems - limitation on density;
impact on subsurface water
· new treatment systems - cost; level of development
necessary to support versus desired density of
development
15. Water Sup~l?
· protection of quality of supply
· continuation of individual wells versus central
supply
· treatment of individual and public/community
systems wells; costs
· import water or desalinization
· establishment of Town supply and/or treatment
district to serve all or part of Town
· expansion of Greenport system
16. Public Safety
· Fire - assurance that all areas of Town covered -
need to improve accessibility to some areas;
future availability of manpower; substandard
private roads
Police - adequacy of facilities for future
development; seasonal expansion
Em~r~enc~-Rescue - sufficient for emergencies;
on±y one ambulance service for general medical
transportation; manpower
17. Recreation
18.
· need to assure access to water for recreation
includinq boat launch and mooring sites, beaches,
and scenic vistas
· need additional recreation areas and open space
areas in acme parts of the Town
· swimming pool; youth center(s)
· access to school facilities assures availability
of basic facilities to all areas of the Town
Landfill
· life of present facility limited - expand or
pursue alternative source of disposal
· landfill on aquifer - threat to subsurface water
· methane gas - use for energy or dissipate
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C. Coastal
19.
Issues
Access to Water
· beaches - swimming, bathing, walking, viewing
scenic vistas
· boat launching on north shore/launching and
mooring on south shore for commercial and
recreational fishermen
· attractiveness for private residential/commercial
development often precludes maintenance of access
· use for resort facilities
20. Quality of Coastal Waters
· critical to fishing industry and recreational
fishing
· swimming/water sports
· marine habitat
· encouragement of mariculture development
21. Coastal Land Use Conflicts
· availability of land for marine commercial uses as
a priority objective
· need for additional boat slips - dredging
· competition with water-enhanced uses such as
restaurants, motels
22. Protection of Sensitive Coastal Environment
· tidal marshes
· . dunes, beaches,
· scenic vistas
· water ~uality
bluffs
23. Salt Water Intrusion
· need to protect ground
area development
24. Navicabilitv of Water~avs
· siltation and dredging
beds/spawning grounds
water
limit qn coastal
disruption of shellfish
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The ~laster Plan will address these issues. The next step will be
to establish a set of goals to serve as a mechanism to measure.
the response to the issues. The process for establishing a
concensus on goals will be one of the initial steps in Phase II,
the preparation of the Plan itself.
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