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Home My WebLink AboutVan Duzer Amend.#132 JUDITH T. TERRY TO~q CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FA× (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 DECEMBER 27, 1989: WHEREAS, Van Duzer Appliance Company, Inc., by petition dated October 24, 1989, petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Southold, Town of Southold, New York, from "A-C" Agricultural- Conservation District to "B" General Business District; and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendation and report; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 27th day of December, 1989, at 8:00 P.M., at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Van Duzer Appliance Company, Inc. be and hereby is granted the relief demanded in said petition on tl~e following described property: Beginning at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson No.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.10°53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23~21'20"E.-182.11 feet to the northerly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4.1815 acres. December 28, 1989 RECt~VED NOV 2, 9 1989 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALl=IN 360-5513 November 27, [989 Town of Southold Town Clerk Applicant: Van Duzer Appliance Co., Inc. Zoning Action: c/z "AC" Agricultural Conservation to "B" General Business Mun. File No.: #298 S.C.P.D. File No.: SD-89-26 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Conanission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Town Hall. 53095 Main Road PO. Box 1179 Southold. New York 11971 TELEPHONE PLANNING BOARD OFFICE TOWN OF SOUTHOLD 2 2 lgSg November 22, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Change of Zone Petition by Van Duzer Appliance Co. Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they accept the request for the change of zone from "A-C" Agricultural-Conservation District to "B" General Business District. This change of zone should be granted for reasons of protecting the public health and safety. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~"~ Behnett Orlowski, Jr. / Chairman jt CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS November 27, 1989 Judith Terry, Town Clerk Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re.' Van Duzer Appliance Company, Inc. Change of Zone Petition SCTM # 1000-55-2-24.4 Recommendation for a Negative Declaration Dear Judith: We have completed our review of the Long Environmental Assessment Form Part I for the above referenced project. In addition, we have prepared a Part II, and Part III of the Long EAF, performed an inspection of the site, and included a recommendation for a determination of environmental significance. Attached, please find draft of the determination for your review and use. The document contains detailed reasons outlining the basis for the Negative Declaration. Please note that the determination is printedon plain white paper, and provides sufficient space at the top to be xeroxed onto Town Board stationary, if you are in agreement with the content of the document. Please review this recommendation with the Board, and if you are in agreement, the documentation may be utilized as provided for filing in accordance with 6 NYCRR Part 617.10. If you have any questions or concerns, please do not hesitate to contact our office. Thank you for the opportunity to be of service to you, and please do not hesitate to call if you have any questmns, or wish to discuss this matter. Very trey .B;~rs, Charles JF~'oorhis enc: LEAF Parts I, II, III Negative Declaration 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant elf, on the environment. P(ease complete the entire form, Parts A through E. Answers to these questions will be conside[ as part of the application for approval and may be subject to further verification and public review. Provide any additio~ information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAr will be dependent on information currently available and will not invo new studies, research or investigation. If information requiring such additional work: is unavailable, so indicate and spec each instance NAME OF ACTION VAN DUZER APPLIANCE CO.,INC. LOCATION OF ACTION (Include S[reel Address Municlp I'[y a North 31d~ of uounty ~te. '{~, ~OUl:~Ol , NY NAME OF APPLICANT/SPONSOR V/~N DUZER APPLIANCE CO., INC. ADDRESS County Rte. 48 BUSINESS TELEPHONE ( 516)765-3882 c~/PO Southold NAME OF OWNER (Il diIIerenl) Robert k. Moe]ler (President) ADDRESS Maple Lane I STATE I ZIP CODE NY 11971 EUSINESS TELEPHONE (516 7~5-38B2 $outhold STATE J ZIP CODE NY I 11971 . DESCBIPTION OFACTION Change o~one from A-C to B- General Business on partial area of existing-plot. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: []Urban E]lndustrial ~QCommercial [~Residential (suburban) E]Forest I-IAgdculture E~Other I-IRural (non-far, 2. Total acreage of project area: APPROXIMATE ,ACREAGE Meadow or Brushtand {Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of [ECL) Water Surface Area Unvegetated CRock. earth or fiji) Roads. buildings and other paved surfaces Other (Indicate type) PRESENTLY ~. ~'~- acres acres acres acres 0.10 acres O. O? acres AFTER COMPLETION ,,~ O;~Z acres acres acres acres acres ~.10 acres ~)O. 07' acres 3. '",'flat is predominant soil type(s)on project site, TOp~O~.]. - Loam -Sand / Nix /'~t,'l_=____ ~r~.~4~es a. Sod drainage: ~Well drained 100 % of ~,te ~Modera~elywell drained % of site ~Poorly drained % of site b. If any agricultural Jand is invoJved, how many acres of soil are classified w~thirl ~oil ~roup 1 throu[h 4 of the Land Classification System? 0 acres. (See 1 N~CRR 370) 4. Are there bedrock outcroppings on project site~ ~Yes ~N~ a. What is depth to bedrock? IZ~ (in feet) 2 5 Approximate percentage o[ proposed project site with slopes: ~]0dO% 100 % O10-15 % []15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa Registers of Historic Places? 0-1Yes ~]No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? C1Yes ' 8. What is the depth of the water table? ~ (in feet) ~..~ F-'~. site located over a primary, principal, or sole source aquifer? ~Yes ~]No 9. Is 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I~Yes DClNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered ~lYes [~No According to Upon information and belief Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations DYes ~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation areai ~lYes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? r~Yes []No 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 N/A 17. Is the site served by-~xisting public utilities? ~Yes I~No a) I[ 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: b. Size (In acres) D(1Yes IqNo [~Yes [~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and ,Markets Law, Article 25-AA Section 303 and 304? I~Yes ~No 19. Is the s~te located in or substantially contiguous to a Critical Environmental Area designated pursuant to A. rticle 8 ot the ECL, and 6 NYCRR 6177 I~Yes [~No 20. Has the site ever been used for the disposal o[: solid or hazardous wastes? []Yes ~No 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 4.1 ~5 b. Project acreage to be developed: 4.1~ acres initially; 4.1F~ c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: ~']/J~' (If appropriate) e. I[ the project is an expansion, indicate percent of expansion proposed .0~ f. Number of off street parking] spaces existing Per Code g. Maximurn.;ehicular trips generated per hour 0 h. If residential. Number and type of housing units. One Famd¥ Two Famdy Imtialb/ Ultimately i D~mens.ons (m feet) of largest proposed structure ~4 height. 40 j. Linear feet of frontage along a pubhc thoroughfare project ~v,II occupy ~s? acres ultimately proposed Per Code (upon compJetlon of ro.ect),,~O Mulhple Famdy Condominium width, 60 length.' 3~ ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? ~[~Yes ,J~No [~N/A ~ a. If yes, for what intend~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ~'es ~[~No c. Will upper subsoil be stockpiled for reclamation? Res '~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? f-lYes I1iq No 6. If single phase project: Anticipated period of construction 1 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 1 (number). b. Anticipated date of commencement phase I 10 c. Approximate completion date of final phase 11 d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lYes ~No 9. Number of jobs generated: during construction 6 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? month 89 year, (including demolition). month 89 year. E:]Yes ICINo ; after project is complete 0 I~Yes ~No If yes. explain 12. Is surface liquid waste disposal involved? I~Yes ~lNo 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? [~Yes ~]No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain I-lYes ~No 15. Is project or any portion of project located in a 100 year flood plain? F3Yes ~'lNo 16 Wdl the project generate solid waste? ~Yes ~No a. If ,,,es, what is the amount per month tons b. If yes, will an existing solid waste facility be used? JJli~Yes ~lNo c. If yes, give name ,~l~U'l~.l~..l~ L./~-~bFI~i., ; location ~.,~1~'/!1~/_1}; ~.~'. d. W.II any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain 17. will the proiect involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Wdl project use herbicides or pesticides? ~lYes i~Yes I~No tons/month. years 19 Will prolect routinely produce odors (more than one hour per day)? ~]Yes ~No 20. Will project produce operating noise exceeding the focal ambient no~se levels~ I~Yes 21. Will proJect result in an increase in energy use? J~es I~No If yes , indicate type(s) J~l/-; ~A-$ ~,~/1~/'~ ~'1-~..'~/~1~. 22. If water supply is from wells, indicate pumping capacity 23 Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? I-lYes If Yes, explain ~]No Village of Grpt. E/W Water District 4 25. Approvals Required. City, Town, Village Board ~Yes I~No City, Town, Village Planning Board [~','es E]No City, Town Zoning Board [Yes ~No City, County Health Department ~]Yes [~No Other Local Agencies [~'t'es r~No Other Regional Agencies [~Yes [~No State Agencies I~Yes I~No Federal Agencies I~Yes Type C'hanqe of zone Site plan S.C.P.C. Review Submittal Dale 10/89 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~]Yes I[ Yes, indicate decision required: r~zoning amendment I-]zoning variance I~speciaJ use permit I-Isubdivision [~site plan I~new/revision of master plan ~lresource management ~lan I~other ,ir 2. What is the zoning classification(s)of the site~ ~--~--.~.~g - 3. What i5 the maximum potential development of the site if developed as~rmitted by the present zoning? Per Code 4. What is the proposed zoning of the site? ~'B~'~------~ii~_ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Per Code 6. Is the proposed action consistent with the recommended uses in adopted local land use plans~ OYes 7 What are the predominant land use(s) and zoning classifications within a % mile radius of proposed actiont B, A -C, LB, R - 80 § Is the proposed action compatible with adjoining/surrounding land uses within a % mde? ~Yes I-]['.. 9. If the proposed action is the subdivision of land, how many Jots are proposed? a. What is the minimum lot size proposed? 10. Wdl proposed action require any authorization(s) for the formation of sewer or water districts? 11. Will the proposed action create a demand for any community provided services (recreation, education, polic fire protection)? I~Yes I~No a. If yes, is existing capacity sufficient to handle projected demand? ~]Yes I-INo 12 Will the proposed action result in the generation of traffic significantly above present levels? [Yes FX'IN, . a. If yes, is the existin8 road network adequate to handle the additional traffic? L~Yes E~No D. Informational Details Attach any additional ~niormatlon a5 may be need;,cl to clarify your project. If there are or may be any adver~ impacts assocrated w,th your proposal, please discus~ such Jmpact~ al~d the measures which you propose to mitigate ~ avoid them. E. Verification I cert,iy that the reformation provided above is true to the best of nly kno~,.led~e. / ., AppJlca~[/Sponsor Name /f~,-i ~/'2~]L' If Ike aclion is in Ihe Coaslal Area, and you are a slale agency, complele Ihe Coaslal Assessmenl Form before proceedin ~,ilh Ibis assessment. 5 Part 2-*PRO,~..ST IMPACTS AND THEIR MAGr.. UDE Responsibility of Lead Agency General Informalion (Read Carefully) · In completing the form the reviewer should be guided by the ques[ion: Have my responses and determinations been reasonable! The reviewer is not expected to be an expert environmental analyst. · Identifyinlg that an impact will be potentially large (column 2) does not mean that it is also necessarily signJflcanl. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus recluiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term. short term and cumlative effects. Instruclions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of the impact If impact threshold equals or exceeds any example provided, 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 potentially large and proceed to PART 3 e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the prolect to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Projecl Change [] [] r--~Yes []No [] ~ []Yes []No ~ [] []yes [] [] ~¥es []~o ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Ves IMPACT ON LAND 1 Will the proposed action result in a physical change to~he~,project site~' · Examples that would apply to column 2 I~YES · Any construction on slopes of 15% or greater. (15 foot rise per 100 foot of length), or where the general slopes in the proiect area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1.0OO or more vehicles. · Construction on land where bedrock is exposed or generally w~thin 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1.0OO tons of natural material (i.e.. rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated Hoodway · · Other impacts 2 Wi[l there be an effect t: ...,¥ ur,,que or unusual land_ _.forms found on "" the site? (i.e.. cliffs, dunes, geological formations, etc.)XNO [~YES · Specific land forms: 6 I [ [ r r [ IMPACT ON WATER Will proposed action affect any water body designated as protected~ (Under Articles 15.24, 25 of the Environmental Conser~ati~,n Law. ECL1 I ~,O ~]YES E,amples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body · Construction in a designated freshwater or tidal wetland. · Other impacts: 4 Will proposed action affect any non-protected exist~g,gr new body of water! ~O E~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5 Will Proposed Action affect surface or groundwater quality or quantity;' I-1NO ,~E$ Examples that would apply to column 2 · Proposed Action will reclu~re a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (proiect) action. · Proposed Action recluires water supply from wells with greater than 45 gallons per minute pumping capacity · Construction or operation causing an,,, contamination of a water soDply system · Proposed Action will adver~,dy affect groundwater. · Licluid effluent wdl be conveve~J off the site to facilihes wh:h presently do not exist o~ have inadecluate capacity · Proposed Action would u~e water m excess c,f 20,000 §allons per day. · Proposed Action will likel,' ...~.,,~ siltation or other discharge into an existmgbodyofwatc~ ~..~t,~ '.~,:t that there will be anohvi~)uswsual contrast to natural conditions. · Proposed Action will require the stora§e 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 Ioca~.~s commercial and/or industrial uses which may recluire new or expansion of existm~ waste treatment and/or storage facilities. · Other impacts' 6 Will proposed action alter drainase fk,w or patt~ns,~or water runof f;~ Ex.~.,~les that would apply to column 2 · Prop~,.,cd Action would chan~e flood water flows 7 surface ~YES I 2 3 Small to Potentla; Can impact Be Moderale Large Mitigated By Impact Impact ProJecl Change [] [] r--lYes ~INo [] [] I~Yes ['--1N 0 [] [] l-lYes []No [] [] I-lYes []No [] [] []Yes I~No [] [] ~Yes []No [] [] []Yes [--1No [] [] []Yes []No [] [] [-]Yes []No [] ~ ~lyes ~No [] [] I~Yes I-]No [] [] I-lYes []no [] ~ []','es []NO ~ ~ ~Yes ~No ~ ~ ~'~'es ~No X~ [] r-lyes [~no [] [] []Yes I~No [] [] ~Yes E]No [] []- []Yes []No ~ ~ []Y.~ []No · Proposed ~ction may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7 Will proposed action affect air quality? '~O I'-1yE$ Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any g~ven hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · 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 development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or enda_nge~ed species? ~O l-lYES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list. using the site, over or near s~te or found on the site. · Removal of any portion of a critical or significant wildlife habitat. I· Application of pesticide or more a year, herbicide than twice other than for agricultural purposes. · Other impacts: 9 Will Proposed Action substantially affect non-threat_ene~or non-endangered species? ~i~O E~YES Examples that would apply to column 2 · Proposed Action would substantially interfere w~th any resident or migratory fish. shellfish or wddlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land r~l~lfnCeS? OYES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 I 3 Small to Pot~,,tlal Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] F-lYes nNo [] [] []Yes []No O [] OYes ON• [] O OYes ON• [] [] []Yes [] [] OYes I']No [] [] OYes I--IN• [] [] []Yes t--IN• I'] [] []Yes t--IN• [] [] []Yes [] [] []Yes []No [] [] []Yes I--IN• [] O []Yes []No [] [] E~Yes []No [] [] []Yes I--~No [] [] []Yes []No [] [] []Yes []No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly con,~, more than 10 acres of agricultural land or. if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface dram lines, outlet ditches, strip croppingl; or create a need for such measures(e.g cause a farm field to drain poorly due to increased runoff) · Other impacts: ~ IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources~' ~i~O l-lYES (If necessary, use the Visual EAF Addendum in Section 617.21, ,.~ Appendix B ) Ezamples that would apply to column 2 · Proposed land uses, or proiect components obviously different from or in sharp contrast to current surrounding land use patterns, whether ~r man-made or natural. · Proposed land uses. or proiect components visible to users of aesthetic resources which will eliminate or significantly reduce their ~ enjoyment of the aesthehc qualities of that resource. · Project components that will result in the elimination or significant screening of scenic v~ews known to be important to the area. ~ · Other impacts' · Other IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Acbon impact any s~te or structure of~istoric, pre- historic or paleontological importance~ ,~NO I-lYES Ezamples that would apply to column 2 · Proposed Action occurring wholly or partiarly within or substantially contiguous to any facihty or site hsted on the State or National Register of historic places · Any impact to an archaeological site or fossil bed located w~thin the proiect site · Proposed Action will occur in an area designated as sensitive for archaeological s~tes on the NYS Site Inventory. impacts IMPACT ON OPEN SPACE AND RECREATION ~ 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? LJ Examples that would apply to column 2 KO I-lyES .~ · The permanent foreclosure of a future recreational o~p6rtunity. · A major reduction of an open space ~mportant to the community. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impecl Project Change [] [] []Yes []No [] [] []Yes ~INo [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes [] [] []Yes [] [] []Yes []No [] [] 13Yes []NO [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation s sy~?~ ,~NO mYES Examl~les that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15 Will proposed action affect the community's soq(~ of fuel or energy su pply~' ~I~NO I-lYES Eaamples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of 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 impacts. NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibra~orj~as a result of the Proposed Action? ~i~O i-lYES Eaamples that would apply to column 2 · Blasting within 1.500 leer of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action wi!l produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts- IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? ~NO X~E$ Examples 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 of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating. infectious, etc.) · Storage facilities for one milhon or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 leer of a s~te used for the d~sposal of solid or hazardous waste · Other ~mpacts: ~'f'~R,~" F~II..ITIHK. ~-Ol~ JO: 000 f-, A. LI.~A/t 8 F LI ~. I, IIf'' 10 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impacl Project Change [] [] r-lYes r-lNo [] [] f-lYes ['-]No [] [] [~Yes []No [] [] []Yes []No [] [] []Yes E~No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes I--INo [] [] []Yes []No [] [] []Yes r--iNo [] [] []'res []No [] [] []'res []No [] [] []'res []NO ,~ [] []Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing commu?._~,¥~ [~NO ~YES Ezampll~s that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than · The municipal budget for capital expenditures or operating services will increase by more than $% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change 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 for additional community services (e.g. schools, police and fire. etc.) · Proposed Action will set an ~mportant precedent for future projects. · Proposed ^ction will create or eliminate employment. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mltlgaled By Impact Impact Project Change [] [] I--I Yes I--INo [] [] I-lYes I--INo ~ [] I--lYes r-INo [] [] I--lYes r-]No [] [] []Yes I'-INo [] [] i--lYes I~No X [] []Yes r-]No [] [] []Yes [] [] []Yes [~No 19 Is there, or is there likely to be. public controv~L~y~reJated to potential adverse environmental impacts~ ~11~0 E]YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnllude of Impact, Proceed to Part 3 1 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibilil¥ of Lead Agency Pad 3 musl be prepared if one or more impacl(s) is considered to be potenfially large, even il the impact(s) may be mitigated_ Inslructions Discuss the fo/lowing for each impact identified in Column 2 of Part 2: I Briefly describe the impact 2 Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by proiect change(s) 3 Based on the information available, decide if it is reasonable to conclude that this impact is imporlanl. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the ~mpact · Its irreversibilit¥, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the proiect relate to this impact (Continue on attachments) 11 LONG ENVIRONMENTAL ASSESSMENT FORM - PART III EVALUATION OF THE IMPORTANCE OF IMPACTS Van Duzer Appliance Company, Inc. Located on the north side of North Road (C.R. 48), Southold, New York Applicant: Robert MoeHer, President Van Du~grAppfianceCompang Inc. County Road48 Southold, NewYork 11971 Date. November 21, 1989 Prepared By: Southold Town Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Cramer, Voothis and Associates, Inc. 54 North Country Road Miller Place, New York 11764 INTRODUCTION The proposed project as well as the environmental character of the project site is described in detail in the Long Environmental Assessment Form (LEAF) Part I. The LEAF Part II, evaluates the project impacts and their magnitude. This section of the LEAF is intended to provide additional information on the tmportance of the impacts of the proposed project on the environment, in order to form the basis for the adoption of a determination of significance. The LEAF Part III is prepared if one or more impacts are considered as being potentially large, as identified in the LEAF Part II. In the case of the proposed project, anticipated impacts are considered small to moderate, however, in order to provide the Town Board of the Town of Southold with additional information pertinent to this project for consideration in making a determination of si~Mficance, this Part III narrative has been completed for several small to moderate impacts tdentified in the Long Environmental Assessment Form Part II. CRAMER. V?~.,R. HI~, ~/~A,~SOCIATES E N VI RO N M E UT ' ".-~J:~//~J~XN G CONSULTANTS Page 1 of 5 LEAF Part ltl Van Dazer Appliance ENVIRONMENTAL IMPACTS Impact On Water The proposed project will require the storage of chemical products greater than 1,1 O0 gallons. The proposed action involves a request for a chan[e of zoning from the Town Board of the Town of Southold, for the continued operation of the Van Dazer Appliance Company, Inc.. Although the action is a request for a change of zoning, and must be considered in the context of potential uses allowed by the requested zoning, it is important to understand the present use and history of the site with regard to evaluation of impacts, particularly those involving the specific storage of chemical products on site. Van Dazer Appliance Company, has been in operation at the present location since approximately 1953, as an appliance sales and service company. In approxamately 1966, a 30,000 gallon liquid propane storage tank was constructed in order to provide liquid propane to consumers (personal communication, Robert Moeller, Van Dazer; November 21, 1989). The facility is inspected by the Town of Southold BuildingDepartment through the efforts of the Fire Marshalls. Contact was made with the Building Department to verif3, the prior existence of the tank and determine compliance with applicable regulations. The Fire Inspectors determine compliance based upon the New York State Building Code. It was also indicated that in addition to the state code, the Town requires fencing for security purposes Contact with the Town indicates that the present Van Duzer facility is operated in compliance with the appropriate regulations, and that the facility has been in existence for several decades (personal communication, Curtis Horton, Fire Inspector; November 27, 1989). Contact with the operator of the facility finds that the propane storage and handling industry is heavily controlled as a result of liability and insurance, as well as the Long Island Liquid Propane Gas Dealers Association, of which Van Dazer Appliance Company is a member (personal communication, Robert Moeller, Van Dazer; November 21, 1989). It is also noted that the storage of propane is not considered a threat to groundwater contamination and is therefore not regulated by the Suffolk County Department of Health Services (SCDHS) under Article 12 of the Sanitary Code (Storage and Handling of Toxic and Hazardous Materials). This is due to the fact that upon release to atmospheric pressure, propane rapidly becomes a vapor and therefore will not enter the ground as a pollutant. Accordingly, although the use involves the storage of 30,000 gallons of liquid chemical, the potential impact upon water resources is negligible. Impact on Public Health * Storage facilities for 30, 000 gallons of liquM propane. It is acknowiedged that the storage of 30,000 gallons of liquid propane is a CRAMEFI, VO~RHI~ ~//,A,~SOCIATES E NVI~ON M ENT~D'~y~G.~.£_: ---. CONSULTANTS Page 2 of 5 LEAF Part II1 Van Duzer Appliance potential risk to public health and safety. Inspection of the present facility and discussion w/th the Town Building Department finds that the facility is operated in a safe manner, in accordance with applicable storage and handlin$ requirements. The storage and handling of propane has been continuing at the subject location for over 20 years, with no reports of incident. The applicant has indicated that the change of zoning is necessary to bring the zoning into compliance with the existing use of the property, and allow Van Duzer Appliance Company to maintain and upgrade the present facility. It has been indicated by the applicant that these improvements will result in a safer facility. Due to the historic use of the site, the fact that the facility is in compliance with applicable regulations and the information that improvement of the site could result in a safer facility, the change of zone is not expected to cause a significant impact regarding public health. Impact On Growth and Character of Community * The proposed action will conflict with officially adopted plans or goals. * The proposed action will set an important precedent for future projects. The project applicant has petitioned the Town Board of the Town of Southold to make a decision to change the zoning of a 0.69 acre parcel of land located on the north side of C.R. 48, in the Town of Southold. The site is presently zordng "A-C" residential, which is an Agricultural/Conservation district requiring minimum lot areas of 80,000 square feet. The requested zoning to B" General Business allows for business use on minimum lot sizes of 10,000 square feet. The applicant has stated his intention to utilize the requested business zone for the purpose of continuing the operation of the present Van Duzer Appliance Company, located on the front portion of the overall parcel, The front portion of the parcelis 3.5+ acres in size and is zoned "B" General Business, indicating that the present us~s in conformance with zoning. Inspection of the site finds that the "A-C" district portion of the site is presently in use for the storage of propane. The propane storage facility is not recent construction. A new shed has been constructed adjacent to and west of the existing concrete building and the propane storage tank. The construction of the shed has received a Building Permit, and inspections of the construction will be performed during the week of November 27, 1989 (personal communication, Curtis Horton, Fire Inspector; November 27, 1989). Review of the zoning map indicates that the requested zoning will cause an intrusion into a residential area (A-C district), beyon~ th,e,, current zoning boundary of 200 feet from the road. It is noted however that the 'A-C residence zoned parcel which is the subject of this petition has no other access except to C.R. 48, through the frontage parcel. The proposed zoning boundary will allow for the use of the additional 0.69 acre parcel in conformance with the use occurring on the frontage parcel. The action will require a maximum 144.4 foot (85.3 minimum) intrusion into the residential land to the north. To the north are other residential lands of the owner which are also landlocked, with the exception of access through the frontage parcel. To the west is land owned by the County of Suffolk, presently in use as a ENVIRONMENT~A:-''yi~_: y'~G,, CONSULTANTS Page 3 of 5 LEAF Part III Van Duzer Appliance recharge basin. The northernproperty line of this parcel is aligned with the requested business zone boundary of the subject application. The precedent on the western side of the site may be limited due to this ownership and use, dependingupon the County's intentions with regard to this piece. To the east is a larse parcel which has direct frontage of C.R. 48. This parcel is zoned "B" General Business for the first 200 feet, with the balance and greater portion of the property zoned "A-C". The development of this parcel for residential purposes would necessitate access through the business zoned parcels on C.R. 48. Due to the size and significantly greater intrusion of this parcel into the residential district, the change of zone requested by Van Duzer Appliance Company, is considered to be significantly different from this larger piece to the east, and therefore the precedent setting nature of the action on this parcel is viewed as limited. It is noted that this requested change of zone has been before the Town Plarming Board for a recommendation. Based on testimony provided at prior hearings, the Planning Board recommended approval of this petition. The applicant has indicated that the zoning, site plan approvaland building construction, is necessary in order to protect public health and safety. This argument is based upon the need to upgrade maintain and enclose the existing propane storage tank (personal communication, Melissa Spiro, Planning; November 27, 1989). This assertion appears to have merit for consideration by the Town Board. Based upon this discussion, it is apparent that the requested change of zoning will cause an intrusion into an existing resniential zoned district. Business use of the land at this time will not cause a significant impact upon a residential community due to the setbacks allowed on the subject parcel, in conjunction with adjacent land use. The change of zone will allow for the upgrade and improvement of an existing facility (propane storage) which is reported to have existed at this location since 1966. The change of zone is not expected to have a significant impact upon the community as described above. DISCUSSION The Long EAF Part III, is intended to consider the impact, then determine available mitigation as well as the importance of the impact, based upon certain criteria. Specific impact considered above include Impact on Water and Impact on the Community. In consideration of the impact on water, it has been indicated that due to the nature of the chemical being stored. When released liq~uid propane does not remain an liquid but rather it rapidly transforms to a gas. This maternal is not regulated by SCDHS chemical storage regulations for this reason. Accordingly no mitigation is available or necessary. In .addition, there is no probability of the impact occurring, therefore this impact is not nnportant. The public health aspects of this project have been discussed above. The improvement of the facility could be considered as a mitigation measure in terms of public health. The decision on the change of zoning will not increase public health impact due to the fact that the facility is already existing. Therefore, public health impacts are likewise not considered to be important in the context of this project. CRAMER, VQ[~RFrt~, &~//A'~SOCIATES Page 4 of 5 LEAF Part !II Van Duzer Appliance Issues regarding zoning are complex, involving changes to community character, divergence from land use plans and precedent setting nature of an action. Based upon the discussion included in the appropriate section above, there is recognized small intrusion into a residential area, as well as some recognized precedent set as a result of this action. The duration of this impact is considered permanent for the purpose of this discussion; however it is noted that the action could be reversed through future zoning changes. The impact can be controlled through site plan review utilizing setbacks, buffering, and other land use control techniques with regard to development on the subject as well as adjacent sites. Further control can be applied to reduce precedent by making this zoning petition a unique case based upon each of the facts discussed herein, the testimony of the applicant and other specific factors as considered by the Town Board, should this receive favorable consideration. The impact is considered to be very local as opposed to regional. Although the general zone change request is in divergence with the current zoning of the parcel, it is recosnized that the specific use has been occurring for over 20 years at this site. In addition, pubhc health and safety are a priority with regard to local needs and goals. This discussion results in the conclusion that the impact is not considered important when weighed against the established criteria for consideration in the format of a Part III Long Environmental Assessment Form. E N V I R O N M E N G CONSULTANTS Page 5 of 5 SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Town Board of the Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: November28,1989 This notice is issued pursuant to 6 NYCRR Part 617, and local law # Chapter 44, 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 significant effect on the environment. Title of Action: Van Duzer Appliance Company, Inc. Change of Zone Petition SCTM # 1000-55-2-24.4 SEQR Status: Unlisted Action Loca~on: Located on the north side of North Road (C.R. 48), Southold, New York Project Description: ,,T~. e ?,roject involves a requested change of zone from 'A-C' District to "B" General Business on a 0.69 acre parcel in Southold. The change of zone will facilitate the continued operation as well as the improvement of an existing propane storage facility operated on the site by the applicant for over 20 years. Page 1 of 2 Van Duzer Appliance Negative Declaration 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. In addition, a Long Environmental Assessment Form Parts I, II and III, has been t?repared by the Town, and has been fully considered by the Town Board in the preparation of this determination. This Negative Declaration is issued in compliance w~th Part 617.8(e)(1)(ii), and in full consideration of the documentation and other relevant information provided. The following specific reasons are offered in support of this determination: 1) The change of zoning will allow for the continuation and improvement of an existing propane storage facility which has been located on the site for over 20 years. Improvement of the facility may reduce potential impact on public safety. Potential for impact is considered low due to operation of the facility in accordance with municipal, state and industry standards. The site is periodically inspected by the Town Fire Marshall and has been found to be in compliance with standards. 2) The change of zone will not cause a significant intrusion into a residential neighborhood. Buffering and setbacks can be provided and should be considered by the Planning Board in conjunction with future land use on this parcel. 3) The precedent setting nature of this action has been considered in the Long EAF Part III and is not considered to be significant due to the uniqueness of this application, and the surrounding zoning, landownership patterns and uses. 4) The potential impact of the project upon groundwater resources has been considered, and found not to be significant due to the nature of the material stored. For Further Information: Contact Person: Address: Phone No.: Judith Terry, Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1938 Copies of this Notice Sent to: Commissioner - New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001. Regional Director - NYSDEC, Building 40, The Loop Road, SUNY at Stony Brook, Stony Brook, New York 11794 Southold Zoning Board of Appeals, Southold, New York Southold Town Board of Trustees, Southold, New York Southold Planning Board, Southold, New York Suffolk County Department of Health Services, Riverhead, New York Suffolk County Planning Commission, Hauppauge, New York Applicant Page 2 of 2 SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Town Board of the Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: November 28, 1989 This notice is issued pursuant to 6 NYCRR Part 617, and local law # Chapter 44, of the implementing regulations pertaining to Article 8 (State Environmental Quality Rev/ew) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the env/ronment. Title of Action: Van Duzer Appliance Company, Inc. Change of Zone Petition SCTM # 1000-55-2-24.4 SEQR Status: Unlisted Action Location: Located on the north side of North Road (C.R. 48), Southold, New York ProjectDesctiption: The project involves a requested change of zone from "A-C" District to "B" General Business on a 0.69 acre parcel in Southold. The change of zone will facilitate the continued operation as well as the improvement of an existing propane storage facility nperated on the site by the applicant for over 20 years. Page I of 2 Van Duzer Appliance Negative Declaration 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. In addition, a Long Environmental Assessment Form Parts I, II and III, has been p. repared by the Town, and has been fully considered by the Town Board in the preparanon of this determination. This Negative Declaration is issued in compliance w~th Part 617.8(e)(1)(ii), and in full consideration of the documentation and other relevant information provided. The following specific reasons are offered in support of this determination: 1) The change of zoning will allow for the continuation and improvement of an existing propane storage facility which has been located on the site for over 20 years. Improvement of the facility may reduce potential impact on public safety. Potential for impact is considered low due to operation of the facility in accordance with munictpal, state and industry standards. The site is periodically inspected by the Town Fire Marshall and has been found to be in compliance with standards. 2) The change of zone will not cause a significant intrusion into a residential neighborhood. Buffering and setbacks can be provided and should be considered by the Planning Board in conjunction with future land use on this parcel. 3) The precedent setting nature of this action has been considered in the Long CAF Part III and is not considered to be significant due to the uniqueness of this application, and the surrounding zoning, landownership patterns and uses. 4) The potential impact of the project upon groundwater resources has been considered, and found not to be significant due to the nature of the material stored. For Further Information: Contact Person: ~lddress: Phone No.: Judith Terry, Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 76s-11~01 Copies of this Notice Sent to: Commissioner - New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001. Regional Director - NYSDEC, Building 40, The Loop Road, SUNY at Stony Brook, Stony Brook, New York 11794 Southold Zoning Board of Appeals, Southold, New York SoutholdTown Building Department, Southold, New York Southold Planning Board, Southold, New York Suffolk County Department of Health Services, Riverhead, New York Suffolk County Planning Commission, Hauppauge, New York Applicant - Van Duzer Appliance Company, Inc. NYS Legislative Commission on Water Resource Needs of Long Island,Hauppauge Page 2 of 2 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O_ Box I 179 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 NOVEMBER 28, 1989: RESOLVED that pursuant to ARticle 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Petition of Van Duzer appliance Company, Inc. for a change of zone from "A-C" Agricultural-Conservation District to "B" General Business District on certain property located on the norther side of North Road (C.R.48), Southold, New York. This determination ts issued in full consideration of the criteria for determination of significance contained in 6NYCRR Part 617.11. In addition, a Long Environmental Assessment Form Parts I, II and III, has been prepared by the Town, and has been fully considered by the Town Board in the preparation of this determination. This Negative Declaration is issued in compliance with Part 627.8(e)(I)(ii), and in full consideration of the documentation and other relevant information provided. The following specific reasons are offered in support of this determination: 1. The change of zoning will allow for the continuation and improvement of an existing propane storage facility which has been located on the site for over 20 years. Improvement of the facility may reduce potential impact on public safety. Potential for impact is considered Iow due to operation of the facility in accordance with municipal, state and industry standards. The site is periodically inspected by the Town Fire Inspector and has been found to be in compliance with standards. 2. The change of zone will not cause a sufficient intrusion into a residential neighborhood. Buffering and setbacks can be provided and should be considered by the Planning Board in conjunction with future land use on this parcel. 3. The precedent setting nature of this action has been considered in the Long Environmental Assessment Form part III and is not considered to be sufficient due to the uniqueness of this application, and the surrounding zoning, land ownership patterns and uses. 4. The potential impact of the project upon groundwater resources has been considered and found not to be significant due to the nature of the material stored. Judith T. Terry(/ Southold Town Clerk November 30, 1989 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1989~ WHEREAS, a petition was heretofore filed with the Town Board of the Town of Southold by .Y.~Q..l~.~.e.~'..6~qpl,!~g~z~...~pgpAg)f.< ..I. gf.. ............. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- "A-C" Agricultural- ing from ....... ~.~n~¥.~.'~!9.~ ............ District to .'~.l?'....l~.~.i.~ ................. District the property described in said petition, and WHEREAS said petition was duly referred to the Planning Board for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ...~.7'~.b. ........ day of ........[~g~.[0.1~.~lZ .................. , 19..~.., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. DATED: December 27, 1989. ~~, Terr~ Southold Town Cle~'k STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) LEGAL NOYICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 CORRE~ t~D LEGAL DESCRIPI1ON NOTICE IS HEREBY GIVEN that at a meetin~ of the Town .Board of the Town OF Southold, Suffolk County, New York, held on the 27th day of Dec~mber, 1989, the Town Board enacted the following amendmen~ to the Town Zoning Code, ~nfitled ,.Zonin_~ Codg of the Town of Southol~' together wAth the Zoning:Map forming a part thereof, as follows, to wit_' Amendment No..132 nmends the Code of thfi Town of C Asfi~ltuml-Cous~ation the property owned by Van Duzer Appliance Co., Inc., situated at Southold, in the Town of Southold, Suffolk County and Sung of New York, bounded a~,d~de~cribed ns fsi- lows: CORRF..C'YED DESCRIPTION FOLLOWS: ' BEGINNING at a point on the northerly Une of Middle Road, 605.4~ fe~ eaSterl$ fr~m Railroad A~enu~,* b~lng 'the southeasterly corner or In~d, of KownL~ki and the southwesterly corner of the p~mises of Vnn. Duzer Appliance Co., rnc.; run- , ning thence along said land of Van ,[~, and ~14~l~,~and of County of Suffo/k 20d1:~2 feet other land of Van Duzer, the subject parcel; thence along said land of County of Suffolk N.10*$3'50"W.-'I44,40 f~t other land of Van Duze~; thence along said land No.79°06'10"E.- 267.65 feet to land of Field. thence along land of Field S.10053'50"E.-85.27 feet t~ other land of Vnn Duze~, thence along said land S_66°38'40"W.-274,11 feet to point of beginning, Con- raining 30.137 squa~ feet_ DATED: March 2, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK IX, 3/8/90 (21) COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ~ ..... weeks successively, commencing on the ...................... o, ....... Sworn to before mc this ..................... day of STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 2nd day of March 1990 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 Hail, Main Road, Southold, New York 11971. Legal Notice, Notice of Corrected Legal Description of Amendment No, 132 of the Town Code & Map, Van Duzer appliance Co., Inc. - "A-C" to "B". Judith T. Terry J Southold Town Clerk Sworn to before me this -/ Notar~ Public ~ EI.IZ)~ETH ,ANN NEV1LLE NMa~y Publl~, STMe of New ¥o~ No. 52-8125850, Suffolk Cou. j~t~ Term Expires October 31.1~ .~/~ LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 CORRECTED LEGAL DESCRIPTION NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 27th day of December, 1989, 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. 132 amends the Code of the Town of Southold by chang- .i ing from "A-C" Agricultural--Conservation District to "B" Business District the property owned by Van Duzer Appliance Co., Inc., situated at Southold, in the Town of Southold, Suffolk County and State of New York, bounded and !I described as follows: CORRECTED LEGAL DESCRIPTION FOLLOWS: BEGINNING at a point on the northerly line of Middle Road, 605.4q feet I' II easterly from Railroad Avenue, being the southeasterly corner of land of II Ii Kowalski and the southwesterly corner of the premises of Van Duzer Appliance Co., Inc.; running thence along said land of Van Duzer, and along land of ii County of Suffolk 204.82 feet to other land of Van Duzer, the subject parcel; thence along said land of County of Suffolk N.10°53'50"W.-144.q0 feet to other i'1 land of Van Duzer; thence along said land No.79°06'10"E. 267.65 feet to land of Field, thence along land of Field S.10°53'50"E,-85.27 feet to other land of Van Duzer; thence along said land S.66°38'40"W.-274.11 feet to point of ,I beginning. Containing 30.137 square feet. , DATED: March 2, 1990. · JUDITH T. TERRY I'1 SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 8, 1990, OF PUBLICATION TO JUDITH T. TERRY, ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Van Duzer Appliance Co., Inc. Roderick Van Tuyl, P.C. Town Clerk's Bulletin Board AND FORWARD ONE (I) AFFIDAVIT TOWN CLERK, TOWN HALL, MAIN LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 CORRECTED LEGAL DESCRIPTION NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 27th day of December, 1989, 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. 132 amends the Code of the Town of Southold by chang- ing from "A-C" Agricultural-Conservation District to "B" Business District the property owned by Van Duzer Appliance Co., Inc., situated at Southold, in the Town of Southold, Suffolk County and State of New York, bounded and described as follows: CORRECTED LEGAL DESCRIPTION FOLLOWS: BEGINNING at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises of Van Duzer Appliance Co., Inc.; running thence along said land of Van Duzer, and along land of County of Suffolk 204.82 feet to other land of Van Duzer, the subject parcel; thence along said land of County of Suffolk N.10°53'50"W.-144.40 feet to other land of Van Duzer; thence along said land No.79°06'10"E.-267.65 feet to land of Field, thence along land of Field S.10°53'50"E.-85.27 feet to other land of Van Duzer; thence along said land S.66°38'40"W.-274.11 feet to point of beginning. Containing 30.137 square feet. DATED: March 2, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 8, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Van Duzer Appliance Co.,Inc. Rederick Van Tuyl, P.C. Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 CORRECTED LEGAL DESCRIPTION NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 27th day of December, 198q, 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. 132 amends the Code of the Town of Southold by chang- ing from "A-C" Agricultural-Conservation District to "B" Business District the property owned by Van Duzer Appliance Co., Inc., situated at Southold, in the Town of Southold, Suffolk County and State of New York, bounded and described as follows: CORRECTED LEGAL DESCRIPTION FOLLOWS: BEGINNING at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises of Van Duzer Appliance Co., Inc.; running thence along said land of Van Duzer, and along land of County of Suffolk 204.82 feet to other land of Van Duzer, the subject parcel; thence along said land of County of Suffolk N.10°53'50"W.-144.40 feet to other land of Van Duzer; thence along said land No.79°06'10"E.-267.65 feet to land of Field, thence along land of Field S.10°53'50"E.-85.27 feet to other land of Van Duzer; thence along said land S.66°38'40"W.-274.11 feet to point of beginning. Containing 30.137 square feet. DATED: March 2, 1990. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, MARCH 8, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Long Island Traveler-Watchman The Suffolk Times Town Board Members Van Duzer Appliance Co.,Inc. Roderick Van Tuyl, P,C. Town Clerk's Bulletin Board JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX ~516) 765-[823 IELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 13. 1990: WHEREAS, the Town Board of the Town of Southold, on December 27, 1989, granted a change of zone from "A-C" Agricultural-Conservation District to "B" Business District to Van Duzer Appliance Co., Inc. on certain property located on the northerly side of County Route 48, Southold; and WHEREAS, the legal description of said property, as drawn by Roderick Van Tuyl, P.C., included the entire parcel owned by Van Duzer Appliance Co., Inc.; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to publish the correct legal description of the parcel changed to "B" Business District by the Town Board on December 27, 1909, which reads as follows, to wit: Beginning at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the south- easterly corner of land of Kowalski and the southwesterly corner of the premises of Van Duzer Appliance Co., Inc.; running thence along said land of Van Duzer, and along land of County of Suffolk 204.82 feet to other land of Van Duzer, the subject parcel; thence along said land of County of Suffolk N.10°53'50"W.-144.40 feet to other land of Van Duzer; thence along said land N.79°06'10"E.-267.65 feet to land of Field, thence along land of Field S.10°53'50"E.-85.27 feet to other land of Van Duzer; thence along said land S.66°38'40"W.-274.11 feet to point of beginning. Containing 30.137 square feet. Southold Town Clerk~ March lq. 1990 I~EGAL NOTICE NOTICE OF AMENDMENT TO TOWN, L-'ODE &ME]~MENT N~ 132 NOTICE' IS '~H~REBY GIVEN ~hat at.a ~n8 of the ~wn ~a~ ~ Ihe..~n of ~ho~, SUf~]k County,' N~ Y~, held o~e 2~h dd~ Df December~ ~. the ~own B~rd en~ lhe..foHo~ing ~endment to the ~wn ~ing the ~n of ~t~,t~r ~th ~g~g Map f~ a ~ the~of, ~ fo~ows, to'wit: Amendmenr NO. 132 am~s the C~e,~F ~e. Tow~' Of Sou~hold b~ ~h~lng from "A- C'~ Ag~cullu~-Conservafion ~stri~ ~o '~P Busi~ ~stfict the pro~ o~ bY Van Duzm App[l~ce ~o.', Inc., sit~d at ~uthold, in ~e 6ounded and glsserlbed as follows: Railroad' ~)~e, ~]~ the southca~er~ner o~ ~d of Kow~lski ~ so~h~terly co.er, of ~ herein d~cri~ ~ th~ along said land o~l~ki, along land o~C~Of~uf~lk, and along · ~d~ o~ Dickerson land o~'~ ~nce along said I~nd ~_~'~"E.-267.65 f~t to ~'pf Fi~ thence along s~ ~ ~.1~53',50 'E.- 450.43 f~,[O South~d ~ ~. lnc; thenc~ .~hl~g~ said qand no~hetl~ ]i~id~le thence, a~~wo (l) S.66~8'~.-~01.TF[~t the ~int o[ b~ng. lng 4.1815 a*~ff. DATED: Dee~ 27, 1989. JUDITH T. SOUTHOLD I~, I/4/~ (6) .. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler'-Watchman once each ~eek for ...................... /'... s~eeks SL, CCessi,el'~ iornmencirlgorl the ........... ?.']~ ..... da,~ o~ .... . '~'~7 .... 19 .??.. Sworn tobefo~erne this ................... day of ....... ' ....... 19 STATE OF NEW YORKJ COUNTY OF SUFFC ~%~±cia he,ney ofMaRItuck, ln said County, being duly sworn, says Ihat he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattiluck, in Ihe Town o! Southold, County o! Eu/folk and Elate o! Hew York, and that Ihe Notice o[ which the annexed Is a printed copy, has been regularly published In said Newspaper once each week ror 1 weeks successively, commencing on Ihe 4th day or January 19 90 Principal ~lerk 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 December 1989 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. Notice of Amendment to Town Code, Amendment No. 132 - Van Duzer Appliance Co., Inc. - "A-C" to "B". Judith T. Terry Y Southold Town Clerk Sworn to before me this 29th day of December 19 89 ~' Notary Publi~ ELIZABETH ANN NEVILLE Tel~r:-~ Public, State of New Ymk · ~-B.12~, Suffcdk County LEGA~ NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, l'lew York, held on the 27th day of December, 1989, 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. 132 amencls the Code of the Town of Southold by chang- ing from "A-C" Agricultural-Conservation District to "B" Business District the property owned by Van Duzer Appliance Co., Inc., sit~ated at Soutbold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.10~53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23~21'20"E.-182.11 feet to the northerly line of Middle Road; thence ~,long said lioe two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distanc~ along said curve of 12.63 feet; thence (2) S.66~38'40"W.-3~1.71 feet to the point of beginning. Containing 4.1815 acres. DATED: December 27, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 4, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Van Duzer Appliance Co., Inc. Roderick Van Tuyl, P.C. Town Clerk's B~dletin Board LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, ~'lew York, held on the 27th day of December, 1989, 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. 132 amends the Code of the Town of Southold by chang- ing from "A-C" Agric~JlturaI-Conservation District to "B" Business District the property owned by Van Duzer Appliance Co., Inc., situated at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.I0°53'50"E.-450.43 feet to land ot Village of Soud.uld Shopping Center, Inc.; thence along said land S.23°21'20"E.-182.11 feet to the northerly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4.1815 acres. DATED: December 27, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 4, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T, TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town E~oard Members Van Duzer Appliance Co., Inc. Roderick Van Tuyl, P.C. Town Clerk's Btdletin Board LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 132 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, Hew York, held on the 27th day of December, 1909, 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. 132 amends the Code of the Town of Southold by chang- ing from "A-C" Agricultural-Conservation District to a'B" Business District the property owned by Van Duzer Appliance Co., Inc., situated at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land 5.10°53'50"E.-450.43 feet to land of Village ot Southoid Shopping Center, Inc.; thence along said land S.23°21'20"E.-182.11 feet to the northerly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4,1815 acres. DATED: December 27, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 4, 1990, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Van Duzer Appliance Co., Inc. Roderick Van Tu¥1, P.C. Town Clerk's Bulletin Board PUBLIC HEARING SOUTHOLD TOWN BOARD 3:30 P.M. December 27, 1989 IN THE MATTER "OF THE PROPOSAL OF VAN DUZER APPLIANCE COMPANY, INC. TO AMEND THE ZONING CODE". Present: SUPERVISOR MURPHY: Duzer proposal to amend the Zoning Code. Councilman Penny. Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry I will open the public hearing, and it's on the Van The official notice to be read by COUNCILMAN PENNY: "Notice of hearing on proposal to amend Zoning Ordinance 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 3:30 o'clock P.M., on the 27th day of December, 1989, on the proposal of Van Duzer Applicance Company, Inc. to amend the Zoning Code (including the Zoning Maps) of the Town of Southold, Suffolk County, New York, by changing from "A-C" Agricultural-Conservation District to "B" General Business District, all that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: Beginning at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"W.- 267.65 feet to land of Field; thence along said land S.I0°53'50"E.-450.43 feet to land of Southold Shopping Center, Inc.; thence along said land S.23°21'20'' E.-182.11 feet to the northerly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63; thence (2) S.66°38'40"W. 301.71 feet to the point of beginning. Containing 4.1815 acres. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. Dated: November 28, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from the Suffolk Times, an affidavit of publication from The Traveler-Watchman, an affidavit from the Town Clerk, that this has been posted on the Town Bulletin Board for the appropriate time. We have two communications, from the County of Suffolk Department of Planning, "Gentlemen: Pursuant to the requirements of Sections A 14 14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Pg 2 - PH Van Duzer Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz, Director of Planning." From the Planning Board Office, Town of Southold, "Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. Resolved that the Southold Town Planning Board recommend to the Town Board that they accept the request for the changeof zone from "A-C" Agricultural- Conservation District to "B" General Business District. This change of zone should be granted for reasons of protecting the public health and safety. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr., Chairman." There are no further communications. SUPERVISOR MURPHY: Thank you, George. You've heard the official reading of this proposed Local Law. Is there anyone in the audience, who would like to comment on it? (No response.) Any Town Board member? (No response.) Hearing none, I'll close the public hearing. Judith T. Terry Southold Town Cler~ ON PROPOSAL ~O AMI~ND ZONING ~ANCE AND MAP ~ ~y, N~ Y~, · ~b- T~ hid of the To~ of ~ ~ ~ ~d To~ .,u dmt &rubs pl~ i,bce or .Sa~dm/d. Tows of C~nnty o~ $Mfollk md northerly Iii. af Mid,ne ~. ~.~ ~ u~ f~ R~d A~, ~M ~ s~sterly ~mtr of I~d of Kowals~ ~ ~e p~s he~ de~fi~; ~p~ ;hence slon~ said land Kowdskl. d~ ~d of C~n~ of Suffolk. and al~E land ~f ~er~ N. 10~53'50'W.~.76 feet to ]~d of Ca,oH; ~ II~ s~d ~ N.79~IS'~'E.- 267.65 f~t m land of Fi=Id; thence lion; said land ~.1~'~'~.~50.43 f~t m ~ of V~agc d ~old Ce~er. Inc.: thtn~ alii s~ land S.23~1'2~'E.-182.11 ~ thence along said lin~ thc right having s radial (2) S.~8'~'~.-301.71 fe~ to ~ 4.1815 acmL Aay ~n~ ~S m ~ h~rd DASD: Nov~ 2~, 19~. · tsa~d ,Ne,r YoUr. md .Kf. ]UDI~HT.'II~Y STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Patr$cia Heaney of Mattituek, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIldES, a Weekly Newspaper, published at MattRuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice cf which the annexed ~, a M(nte(i copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on tho ] 4th _ day of _December t989 Principal ler Sworn to be~ me thb LEGAL NOTICE NOTICE OW HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to Se~ion 265 of the Tow~ Law and ~quirements of the Code. of the TOwn of Southold, SuffOlk County, N~-w York, a public.hearh~ will be held by J~he Town Bpm'd of the Town of Southold, at the Southoid Towo ~ Main lta~ad, So~hofit. Ne~ Yorld, at 3:30 o'c[ouk PJVl.,i~l~ the 2'/th day 0g l)ed~eml~, .I~1~9, on the pmlX~tl of Van ~z~r Appli- ance ~ompany, Ibc to amend' the ~ Code (including the Zoning 101apn) of th~ Town of Southold, Suffollt Cotmty, New York, by chan~ng from '~A-C" A gricuHm'nI-Concer vat4o n District to "B" Genenti Blzsi- ness Div. fi~t, ~11 that om, nih plot piece or i~a~el of land, situate, lying and being at ~outhold, Town of Southold, County of Suffolk, and Smte of New York, and more particularly bounded and described as follows: Be~ianing at n point on the northerly line of Middle l~ad, ~05.44 feet easterly from P,~til- road Avenue, being the south- easterly corner of land of Kowaiski and the southwesterly corner of the pmnises herein described; runni~.llgnce along said Innd of"g. owa~ki, along land of County of Suffolk, and along land of Dickerson N. 10°53'50"W.-696.76 feet t~ land of Carrolk thence along said land N.79*IS'00"E.-267.65 feet to land of Field; thence along said land S.10°$3'50"E.=450.43 feet to land of Village of Southold Shopping Ccut~r, In~; thence along said land S.23 ~21'20"E.-182~11 ~ to the northerly li~ of Middl~ Road; thence nion~ ~ qne two courts: (1) w~rly mi a curve to the r~ht I~ a radi~ of 2259.01 fe~. m ~ ainag said curve of 12.63 feet; thence (2) S-66°38'40"W.-301.?1 feet to the poiht of bagim~il~. Con- mining 4.1815 acres. Any p~rson;desiring to be heard on the proposed amend- ment should apl~ar at the time and plac~ abov~ so spegified_ DATED: November 28. 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK IX, 12/14/89 (10) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ,~/ .... weeks successively, commencing on the .......... ./../~/.~'/. ..... Sworn to before me this .......... ?. ~ ....... day of .....~.)~,; ~'~: .~G'..~ ..... 19. f~f. .-7 Notary Public B,~h~',Ef. A. ?C;tNEIDER ~OL1R¥ F'UBLh.. '..~atL OI New York Qualihed in Su[fc~;k C0_u~ty / Comm,s~lon ~p~res ~7 ~i~ 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 1st day of December 1989 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 Ordinance and Map, Van Duzer Appliance Company, Inc., 3:30 P.M., Wednesday, December 27, 1989, Southold Town Hall. Judith T. Terry /-/ Southold Town Clerk Sworn to before me this 1st day of December -- ~ -~tt~r~ Public EUZASETH ANN NEVILLE Notery Public, Stele of New York No. 52-8125850, Suffolk Cot~p.t¥ Term Expires October 31, 19'''/~ LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE 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 $outhold Town Hall, Main Road, Southold, New York, at 3:30 o'clock P.M., on the 27th day of December, 1989, on the proposal of Van Duzer Appliance Company, Inc. to amend the Zoning Code (including the Zoning Maps) of the Tow of Southold, Suffolk County, new York, by changing from "A-C" Agricultural-Conservation District to "B" General Business District, all that certain plot piece or parcel of land, situate, lying and being at $outhold, 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 Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, ' and along land of dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.10° 53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23°21'20"E.-182.11 feet to the north- erly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4.1815 acres. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: November 28, 1989. JUDITH T. TERRY SOUTHOI_D TOWN CLERK PLEASE PUBLISH ONCE, DECEMBER 14, 1989, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Van Duzer Appliance Company, Inc. LEGAL NOTICE ..... ~- NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE 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 3:30 o'clock P.M., on the 27th day of December, 1989, on the proposal of Van Duzer Appliance Company, Inc. to amend the Zoning Code (including the Zoning Maps) of the Tow of Southold, Suffolk County, new York, by changing from "A-C" Agricultural-Conservation District to "B" General Business District, all that certain plot piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, and more particularly bounded and described as follows: Beginning at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.10° 53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23°21'20"E.-182.11 feet to the north- erly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4.1815 acres. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: November 28, 1989. JUDITH T. TERRY SOIITHOLD TOWN C'I ERK PLEASE PUBLISH ONCE, DECEMBER 14, 1989, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Van Duzer Appliance Company, Inc. L/~ , ~' I ' LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE 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 3:30 o'clock P.M., on the 27th day of December, 1989, on the proposal of Van Duzer Appliance Company, Inc. to amend the Zoning Code (including the Zoning Maps) of the Tow of Southold, Suffolk County, new York, by changing from "A-C" Agricultural-Conservation District to "B" General Business District, all that certain pot piece or oarcel of land, situate, lying and being at Southold, 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 Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along Center, Inc.; thence along said land S.23°21'20"E.-182.11 feet to the north- erly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4.181S acres. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: November 28, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, DECEMBER 14, 1989, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board Van Duzer Appliance Company, Inc. FUDITH 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 FELEPHONE (5161 765 1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 28, 1989: WHEREAS, Van Duzer Appliance Company, Inc., by petition dated October 24, 1989, petitioned the Town Board of the Town of Southold for a change of zone on certain property located on the north side of North Road (C.R.48), Southold, from "A-C" Agricultural-Conservation District to "B" General Business District; said property bounded and described as follows: Beginning at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Avenue, being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of Suffolk, and along land of Dickerson N.10°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'00"E.-267.65 feet to land of Field; thence along said land S.10°53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23°21'20"E.-182.11 feet to the northerly line of Middle Road; thence along said line two courses: (1) westerly on a curve to the right having a radius of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66° 38'40"W.-301.71 feet to the point of beginning. Containing 4.1815 acres; and WHEREAS, the Southold Town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 3:30 P.M., Wednesday, December 27, 1989, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of Van Duzer Appliance Company, Inc., at which time any person desiring to be heard should appear at the time and place above so specified; and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause noitce of said hearing to be published in the official newspapers pursuand to the require- ments of law. Judith T. Terry ~/ Southold Town Clerk November 30, 1989 .R_IDITH T. 'fERRY 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: Van Duzer Appliance Co., Inc. Route 48~ east of Youn~s Avenue, Southold, New York. Suffolk County Tax Map No.: 1000-055-2-24.4 Within 500 feet of: X Northerly side of County The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Recommendation of the Southold Town Planninq Board attached hereto. Date: November 22, 1989 Judith T. Te~Zy Southold Town Clerk JUDITH T_ TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516} 765-1801 November 8, 1989 Cramer, Voorhis & Associates Environmental & Planning Consultants 54 North Country Road Miller Place, New York 11764 Gentlemen: The $outhold Town Board, at their regular meeting held on October 24, 1989, adopted a resolution requesting you to conduct a SEQRA review of the Long Environmental Assessment Form with respect to the petition of Van Duzer Appliance Co., Inc for a change of zone, at the agreed cost not to exceed $500.00. Petition and pertinent maps, etc. are enclosed herewith. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures cc: R. Moeller JUDITH 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 October 30, 1989 Robert Moeller, President Van Duzer Appliance co., Inc. P. O. Box 1497 Southold, New York 11971 Dear Bob: In accordance with Chapter q4, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Cramer, Voorhis & Associates to review the Long Environmental Assessment Form submitted by you with respect to your petition for a change of zone. The cost of this review is $500.00 and must be paid prior to the consultants commencing their work. Please send a check in the amount of $500.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with processing your petition. Very truly yours, Southold Town Clerk JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 LAX (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 OCTOBER 2~1, 1989: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Cramer, Voorhis & Associates, at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of Van Duzer Appliance Co., Inc. for a change of zone; said review to include applicant's Part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by Van Duzer Appliance Co., Inc. prior to the commencement of the review. October 27. 1989 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box l 179 Southold, New York 11971 FAX (516) 765-/823 FELEPHONE (516) 765-I~0! October 30, 1989 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of Van Duzer Appliance Co., Inc. requesting a change of zone from "A-C" Agricultural-Conservation District to "B" General Business District on certain property located on the northerly side of County Route 48, east of Youngs Avenue, Southold, New York. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachment JUDITH T. TERRY OFFICE OF THE TO~q CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 ,ELEPHONE ~516~ 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 2q. 1989: WHEREAS, a petition has been received from Van Duzer Appliance Co., Inc. for a change of zone on certain property located on the northerly side of County Route 48, east of Youngs Avenue, Southold, from "A- C" Agricultural-Conservation District now, therefore be it RESOLVED that the Town Clerk hereby is directed to transmit Planning Board and the Suffolk accordance with the Southold Charter. to "B" General Business District; of the Town of Southold be and she this petition to the Southold Town County Department of Planning, all in Town Code and the Suffolk County Southold Town Clerk October 27, 1989 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (5[6) 765-11523 tELEPHONE (516) 765-180t October 30, 1989 Lead Agency Coordination Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a completed Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: Van Duzer Appliance Co., Inc. Requested Action: Petition for a change of zone from "A-C" Agricultural-Conservation District to "B" General Business District on certain property located on the northerly side of County Route 48, east of Youn§s Avenue, $outhold, New York. SEQRA Classification: Unlisted. Contact Person: Judith T. Terry, Town Clerk, Town of $outhold. The lead agency will determine the need for an 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. Acjency 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: None 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 Jorling, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Long Island. Copy only to: Robert Moeller for Van Duzer Appliance Co., Town Clerk's Bulletin Board Inc. JUDITH T, TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAK{516) 765-1823 'D:LEPHONE 1516} 765-18{)1 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 24, 1989: RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Van Duzer Appliance Co., Inc. for a change of zone from "A-C" Agricultural-Conservation District to "B" General Business District on certain property located on the northerly side of County Route 48, east of Youngs Avenue, Southold, New York. Southold Town Clerk' October 27, 1989 CASE r:o: ~' ~ STATE CF NE~Y YOPd~7 TOWN OF SOUTHOLD LN THE. M,%TTEtl OF TIrr~ PETZTION OF R IV D OCT,2 4 1989 S~u~old To"'- ,-I~ PETITIO~'~ FOR A CILMNG~'., MODIFICATION OF{ ~IENDME~'T OF THE BUILDL\~G ZONE A/~'CE OF THE TOWN OF SOUTIIOLD, sLrFFOLI( COU~NTY, NEll' YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: (Lnsert name of petitioner) Suffolk Count)', New York, the undersigned, am the owner of certain real property situated at 5outhold .............................................................. and more particularly bounded and described as foI]ows: MEETES AND BOUNDS DESCRIPTIDNS. Description: Van Duzer Appliance Co., Inc. (County ~e. 48, Southold) Beginni~ at a point on the nontherly hne of Middle Road, 605.~ feet easterly from Railroad Ave., being the southeasterly corner of land of KowalskF~Nnd the southwesterly corner of the premises herein described; running thence along said land of Kowalski, along land of County of SufFolk, and along land of Dickerson N. lO°53'50"W.- 696.76 feet to land of Carroll; thence along said land N.79°15'OO"E. - 267.65 feet to land of Field; thence along said land S.10°53'50"E. - 450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along said land S.23°21 '20"E. -182.11 feet to the notherly 1lee of Middle Rd.; thence along said line tw[ courses: (1) westerly on a curve to the right having a radius of 2259.01 fee~, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W, - 30~.71 feet to the point of' beginni~. C~ntaining 4.1815 acres. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building ZoneAfaps heretofore made a peri thereof, as folIows: SEE ATTACHED PLOT PLAN. Such request is made for the following reasons: Expansion of existing business creates practical hardship in construction of storage building and safety handiing factors associated w~th same. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) he is the petitioner in the within action; that he has read the foregoing' Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on informzticn and belief, and that as to those matters he believes it to be true. (L. S.) Sworn to before me this ]~.'~'.?day of...~!4.?.0..~..../~.. ....... 19..~.Y RODERICK VAN TUYL (L.S.} COLIN VAN TUYL RODERICK VAN TUYL, P.C. 218 FRONT STREET GREENPORT, NEW YORK 11944 (516i 477~170 October 13, 1989 Description: Van Duzer Appliance Co., Inc. (Middle Road, Southold) Beginning at a point on the northerly line of Middle Road, 605.44 feet easterly from Railroad Ave., being the southeasterly corner of land of Kowalski and the southwesterly corner of the premises herein described; running thence along said land of Kowalski, a~ong land of County of Suffolk, and along land of Dickerson N.lO°53'50"W.-696.76 feet to land of Carroll; thence along said land N.79°15'OO"E.-267.65 feet to land of Field; thence along said land S.10°53'50"E.-450.43 feet to land of Village of Southold Shopping Center, Inc.; thence along sa~d land S.23°21'20"E.-182.11 feet to the northerly line of Middle R~; thence along said line two courses: (1) westerly on a curve to the right having a radmus of 2259.01 feet, a distance along said curve of 12.63 feet; thence (2) S.66°38'40"W.-301.71 feet to the point of beginning. Containing 4.1815 acres. To: Robert Moeller Southold, NY 11971 Roderick Van Tuyl C 'G PROOF OF 'qAILING OF NOTICE ADDRESS NAME Mahlon D. Dickerson & ()rs. Southold. NY 11971 John ii. Carrol 1 & Ano c/o Maureen H. Maffat 20215 Birdsnest Court Ashburn, VA 22011 RnI~Ft P ~. El izabeth Kraus 95 Kenilworth Drtve W. Stanford, CT 06902 lioward P. Dickerson 4100 Youngs Ave Southold, NY 11971 Mr. & Mrs. John A. Harris Bouthold, NY 11971 Mr. & Mrs. Warren E. I~fe Jr. ~lls Ave Bouthold. NY 11971 Peter & Diane Luhrs ~) Box 617 1113 Soundview Ave. Southold, NY 11971 Sterling Ideas VenbJres BOx 786 10200 Main Road Matgituck, NY 11952 Suffolk County County Center Riverhead, NY 11901 STATE OF NEW YORK : COUNTY OF SUFFOLK: Village of Southold Shopping Center Ir~. NOFLh Road Southold, NY 11971 North Road Acres Inc. c/o Southold I!ardware North Road Southold, NY 11971 Richard ii. Wheeler 1215 Tuthill Road Bouthold, NY 11971 Madeleine Schlaefer P0 Box 753 East Marion, NY 11939 Frank A. Field Dorp. 40 MIddleton Road GreenpoFt, NY 11944 william Kreitsek & (]rs Soundview Ave Bouthold, NY 11971 Mr. & Mrs. Frank A. Rizzo 150Maple Ave SouthoId, NY 11971 Carol A. Nelson 1133 tierzel Blvd W. Babylon, NY 11704 Mr. & Mrs. Donald ~tth£11 3020 Boisseau Ave Southold, NY 11971 Mr. & Mrs. ,~leodore J. Bucci BOlsseau Ave. Southold, NY 11971 Miriam Goldsmith Southold, NY 11971 Ag~es Satkoski Youngs Ave l!elen B. Case Southold, NY 11971 CLFCchogue, NY 11935 Benjamin Tong 390 MUttentown Road Muttentowq , NY 11791 PKB Properties Main Road PO Box 57 Greenport, NY 11944 Emanuel Kon~okosta 43 West 54th St. New York , NY 10010 , being duly sworn, deposes and says that on the / 1 ~,e' day of ~C'c'°~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov -named persons at the addresses set opposite their respective names; ti]at the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the ~own of Southold; that said Notices were mailed at the United States Post Office at ~u~'rt¢O~, ~. ;thatsaid Notices were mailed toeach of said persons by (certified) (registercd) mail. Sworn to me this day of Notary P u b I'Fc KAMEN W. BOERGES$ON NOTARY PUBLIC, Srare of New Ym~ TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Peridon of VAN DUZE~ APPLIANCE CO., iNC. to [he Town Bo,~rd of the Town of Soothnld. TO: SOUTHOLD TOWN BOARD BAIN ROAD, SOUTHOLD, NY 11971 NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition thc Town Board of thc Town of Southold to rcquesta change of zone to B - General Business 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: see attached site plan. 3. That the property which is the subject of such Petition is~]ocated in the following zoning district: B - General Business + A - C Agricultural ~,onservat~on. 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: [3 - General Business 5_ That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in thc Sou£hold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in thc Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou£hoJd and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: /' 0///. ~/~' c~~ Petitioner VAN DUZER APPLIANCE C(I., INC. Post Office Address: P.0. BOX 1497 Southold; NY 11971 077 4,94 330 P 077 4'24 329 P 077 q~ 32& P 077 474 327 P 077 ~74 326 P 077 q74 324 P 077 474 323 P ~77 L;74 354 P 077 47~4 330 P 077 474 329 P 077 47/~, 328 P 077 474 327 P 077 474 326 p 077 474 P 077 474 323 P ~77 ~74 354 ~ 07~ 47N 268 077 474 344 P 077 474 343 077 474 342 P 077 474 350 P 077 474 351 · P 077 474 349 '-- ~,~474 353 P 077 4?4 352 S P 0~? 474 358 P 077 474 334 P 077 474 335 P 077 474 333 P 07'? 474 332 p 077 474 357 P 077 474 331 P 077 474 355 P 077 474 356 14-16-2 (2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- Iy, there are aspects of a project that are subjective 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 EAF 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 of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3-. Part 2: Focuses on identifying the range of possible impacts that may occur from 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 Part2 is id~ntified as potentially-large, then Part3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part I [] Part 2 []Part 3 Upon review of the information ~'ecorded on this EAF {Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impactls) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a si§nificant effect for this UnJist(~d Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result Jn 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 Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFORI~ATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 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 investigation, if information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION VAN DUZER APPLIANCE CO.,INC. LOCATION OF ACTION (Include Slreet Address, Municip~¥ North Side of County Rte. 4B,a~ld, NY NAME OF APPLICANT/SPONSOR VAN DUZER APPLIANCE CO., INC. ADDRESS County Rte. 48 BUSINESS TELEPHONE ~516)765-3882 CiTY/PO Southold STATE I ZiP CODE NY 11971 NAME OF OWNER (If different) Robert A. Moeller (President) ADDRESS Maple Lane BUSINESS TELEPHONE (516 ~65-38~2 CITY/PO Southold STATE ZIP CODE 11971 DESCRIPTION OFACTION Change ~f zone from A-C to B- area of existing'plot. General Business on partial Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1, Present land use: E]Urban F-Ilndustrial ~Commercial I-IResidential (suburban) E-]Forest ~A§riculture F1Other 2. Total acreage of project area: 4.185 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 4 acres 4 acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres " acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces .15 acres .20 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? Top~oil - Loam .-Sand / Mix a'. Soil drainage: ~Well drained 100 % of site ~Moderately well drained % of site r~Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group '1 through 4 of the NY Land Classification System? 0 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? I-lYes ~No a. What is depth to bedrock? (in feet) [~Rural (non-farm S. Approximate percentage of proposed project site with slopes: ~0-10% .00 % I~10-15 % % r~15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? I~Yes ~}No 7. Is project substanbally contiguous to a site listed on the Register of National Natural Landmarks? I-lYes [~No 8. What is the depth of the water table? +4-5' {in feet) 9. Is site located over a primary, principal, or sole source aquifer? []Yes tX']No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I-Wes ~No 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered? I-lYes F]No According to Upon information and belief Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) FIYes [~No 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? I-lyes ~No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name N/A 17, Is the site served by~xisting public utilities? ~]Yes I-]No a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? b. Size (In acres) ~Yes FINo l-lYes ~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? I-lYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I-lyes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~lYes ~No B. Project Description 1. Physical dimensions and scale of proiect (fill in dimensions as appropriate) 4. 185 a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: 4. 185 acres initially; c. Project acreage to remain undeve!oped 0 acres. d. Length of project, in miles: N/^ (If appropriate) e. Iff the project is an expansion, indicate percent off expansion proposed f. Number of off-street parking spaces existing Per Code g. Maximum vehicular trips generated per hour 0 h. Ii: residential: Number and type off housing units: One Famdy Two Famdy Initially Ultimately i. Dimensions (in [feet) of largest proposed structure 14 j. Linear [feet of frontage along a public thoroughfare project wdl occupy is? acres. 4 1R:; acres ultimately. .05 ; proposed Pep Code (upon completion of project)? Multiple Family height; 40 width; 302 Condominium 60 length.' ft. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 3. Will disturbed areas be reclaimed? I-lYes [~No F-IN/A a. If yes, for what intend~,~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? r~Yes [X-INo c. Will upper subsoil be stockpiled for reclamation? I~Yes I')(1No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? I-iYes ~]No 6. If single phase project: Anticipated period of construction 1 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 1 b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase tons/cubic yards d. Is phase 1 [unctionally dependent on subsequent phases? ~lYes 8. Will blasting occur during construction? E3Yes ~-INo 9. Number ol~ jobs generated: during construction 6 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? (number). 10 month 89 year, (including demolition). 11 month 89 year. ~No ; after project is complete 0 r-lYes ~3No If yes, explain 12. Is surface liquid waste disposal involved? r-lYes ~No a. If yes, indicate type o[ waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13 Is subsurface liquid waste disposal involved? [-]Yes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain []Yes }~_3 No 15. Is project or any portion of project located in a 100 year flood plain? 16 Will the project generate solid waste? I~Yes ~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? I--lyes l--]No c. Il~ yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain r~Yes []No E]Yes (~No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? I-lyes I--lYes ~No tons/month years. ~lNo 19. Will project routinely produce odors (more than one hour per day)? E]Yes 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? E]Yes I)(1No If yes , indicate type(s) [~No E]Yes ~No 22. If water supply is from wells, indicate pumping capacity 23. Total anticipated water usage per day gallons/day. 24, Does project involve Local, State or Federal funding? I-lYes If Yes, explain gallons/minut~. I~lNo Village of Grpt. E/W Water District 25. Approvals Required: City, [own, Village Board ~Yes ENo City, Town, Village Planning Board r~Yes I-lNo City, Town Zoning Board ~lYes [~No City, County Health Department I-lYes [~No Other Local Agencies ~Yes [-1No Other Regional Agencies I-lYes I~No State Agencies [-]Yes []No Federal Agencies EYes E~No Type ('hanqe of zone site plan S.C.P.C. Review Submittal Date 10/89 C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? [~Yes I-INo If Yes, indicate decision required: [~zoning amendment [-]zoning variance i-lspecial use permit I-)subdivision [~new/revision of master plan ~lresource management plan Flother 2 What is the zoning classification(s)of the site? B - + A - C 3 E]site plan What is the maximum potential development of the site if developed as permitted by the present zoning? Per Code 4 What is the proposed zoning of the site? [3 + ^ - C 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Per Code 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? mYes 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? B, ^ -C, LB, R - 80 ~]No 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~,,~ mile? ~Yes [-INo 9. If the proposed action is the subdivision of land, how many lots 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? i-lYes ~]No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? I~Yes i'X'l N o a. If yes, is existing capacity sufficient to handle projected demand? I~Yes I-1No 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes l'XlNo · a. If yes, is the existing road network adequate to handle the additional traffic? []Yes ENo- D. Informational Details Attach any additional information as may he needed to clarify your project. If 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. E. Verification I certify that the information provided above is true to the best of my knowledge. I1: the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form betore proceeding wilh this assessment. 5 t40 tooo-o~lt- g - "4,4