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HomeMy WebLinkAboutBlum, Reynold Amend.#135 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fan (516) 765-1823 Telephone (516~ 765-1801 OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 7, 1993: WHEREAS, Reynold and Herman Blum, by petition filed January 25, 1993, applied to the Town Board of the Town of Southold for a change of zone on certain property located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York, (SCTM #1000-103-01-19.2 £ p/o 19.11, from Residential Office "R-O" District to Business "B" District; and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for official recommendations and reports; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 4th day of May, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that Reynold and Herman Blum be and hereby are granted the relief demanded in said petition on the above described property, which is bounded and described as follows: Beginning at a point on the southerly side of Main State Road, 520 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homart intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (I) North 51° 22' 20" East, 162.0 feet; (2) North 49° 31' 00" East, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (1) South 40° 29' 00" East 327.70 feet; thence West 780.51 feet to land of J. Homan, and land of E. Homart, North 31° 22' 40" West, 337.20 feet to the point or place of beginning. Containing 5.683 acres. Southold Town Clerk December 8. 1993 D£PARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ Town Clerk Town of Southold April 7, 1993 RL' IVL=D APR ! 2 lgg3 Applicant: Reynold & Herman Blum Zoning Action: Change of zone from Residential Office ("RO") to General Business "B" Location: SCTM #1000-103-1-19.2 & p/o 19.11 S.C.P.D. File No.: SD-93-3 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that the two (2) parcels will be developed jointly and limited to low intensity uses to mitigate adverse impacts. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner March 8, 1993 Ms. Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Reynold & Herman Blum Change of Zone Petition from Residential-Office "R-O" District to Business "B" District RECH'VED Dear Judy: We have completed review of the above noted change of zone petition. In order to conduct this review, we have field inspected the subject site, reviewed and corrected the Long EAF Part I, and prepared a Long EAF Part II. We have also consulted information submitted in connection with the application, as well as the zoning code and Master Plan Update. Attached, please find the completed Long EAF Part I and II, as well as a SEQR Determination of Significance. As always, these documents are submitted in Draft form for the Boards review and consideration. It is suggested that the Board review these documents, and if there are further considerations we would be pleased to amend documents or consult with the Board as necessary. Inspection of the subject parcel finds that the site is presently occupied by the Peconic Bay Vineyards, with vineyard agricultural use, a home, barns and accessory buildings. There are no sensitive environmental resources on the subject site. The surface soils are classified as Haven loam and the site would be categorized as having flat topography. The depth to groundwater is approximately 20-22 feet, and f~oundwater flows in a southerly direction toward the bay tributaries and surface water, l/ae site is not within the north fork water budget area, but is located in Groundwater Management Zone IV. The site is within an area which has been impaired by both aldicarb and nitrate contamination as a result of agricultural use, and public water supply is not available. In terms of natural resources, soils, groundwater and ecology do not constrain site use. Existing and proposed uses will have to rely on private well water. Furore site plan approval will require SCDHS approval of water supply systems in accordance with Article 4 of the Suffolk County Sanitary Code. In addition, future land use applications will require compliance with Article 6 of the Suffolk County Sanitary Code for density limitations to minimize further nitrogen impacts to water supply aquifers. In terms of land use and planning, the site is currently used for agricultural purposes with accessory uses relating to a vineyard. The site is zoned Residence-Office "R-O" which is intended to "...provide a transition area between business areas and low-density residential development along major roads which will provide opportunity for limited nonresidential uses in essentially residential areas". At face value, the existing site seems incongruous with the purpose of "R-O" zoning as outlined in the Code, given the fact that the area is not essentially residential. Land use in the area is as follows: 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 Page I Ilium Change o1' Zone LEAF Review and Comments North - King Kullen supermarket and other retail stores [na small center. Northwest is an auto parts store and a vacant store, and northeast is NY Telephone office, a realty office, antique store etc. South - South of the site is agricultural use, relating to vineyards. East - East of the site is Harvest Time Farms, a residence, and a funeral home. West - West of the site is the site of George Braun fish company. The zoning in the area includes General Business "B" adjacent the site to the west and opposite the site to the north, extending to the northeast. Nort,,h, wes! of the site is "R-40" and south of the site is "R-80". East of the site is Residence-Office 'R-O' consistent with the present zoning of the subject site. It is noted that the Master Plan Update outlines the site as General Business in the Land Use Plan. Given the foregoing facts relating to land use and zoning, the present site zoning could be .c,o,n. sidered for modification. The applicant has made application for G,e, neral Business ' B' business district. The application indicates the desire to establish a '...gourmet chees,e and craft shop and a cafe featuring local foods and wine". The use is intended to offer ...both the tourist and l,o, cal people a wider spectrum of loca,,l products and a cafe featuring local food and wine', and is further in~ended to use the ...existing property, buildings, and setting to its highest and best use '. The applicants reasons for the change of zoninghave validity. The proposed use could compliment the vineyard, and the cafe and craft shop would provide an outlet for local goods in a manner which could enhance the area. The tourist industry is important to the economic stability of the Town, and the proposed use could cater to seasonal tourists and benefit year round local residents. There is concern however, with the proposed rezoning of the site to a general business category. The concern is two-fold. First, general business would permit a myriad of other uses which would not be consistent with the applicants intent or the perceived goals of the Town (irrespective of the Master Plan Update recommendations). Such uses are outlined in detail in the code, but include strip retail centers, wholesale businesses, contractors yards, cold storag.e and food processing plants, beverage distribution, etc. A primary concern would be strtp retail stores and the potential increase in traffic, congestion, and potential aesthetic impact, depending upon design and site planning. Second, due to the number of vineyards in Southold Town, the action could set a precedent for other applications. Other vineyards may also wish to intensify use in a manner which will promote tourism and enhance profits. Each zone change petition is of course considered on a site-by- site basis; however, the precedent of the pending decision regarding Peconic Bay Vineyards may be used as a basis for future applications. For these reasons, it would be prudent to consider a restriction on the proposed rezoning which would allow the applicant to achieve the uses outlined in the zone change {~oetition, and protect the community from uses which may not be as desirable at the subject cation in view of present land use and zoning in the area. This could be accomplished either through a covenant placed on the land as a requirement of the zone change approval. The covenant would restrict any use of the site to achieve the following goals and uses: CRAMER, V /A SOOIATES E NVI RO N M E N G CONSULTANTS Page 2 Blum Change ol Zone LEAF Review and Comments maintain aesthetic quality of rural/historic agricultural use through historically appropriate design and site planning. allow only retail businesses complementary to the rural and historic character of thc surrounding area, such as offices, antique, art and craft shops and galleries and other retail sales supplemental to vineyard use. allow restaurants, except drive-in restaurants As an alternative to placing a covenant on the land, the Board could consider a different zoning district. It is noted that the Limited Business "LB" District achieves some of these goals through its purpose and permitted uses. The "LB" District is intended to "...accomodate limited bustness activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area". The use regulations of the "LB" District are also consistent with the goals noted above, and permit a wider range of uses which may not be associated with the present vineyard use, but may be appropriate on the site as an alternate future use. In view of the foregoing facts, the proposed project is not expected to cause a significant environmental impact provided certain measures are taken to ensure that unrestricted business use does not occur. Therefore, the Town Board could consider the issuance of a Negative Declaration for this project incorporating appropriate restrictions into the zone change decision either through covenant or by approval of a change of zone to the Limited Business "LB" District. Attached is a draft Determination of Significance for your consideration. If),ou have any questions or wish any further input with regard to this matter, please do not hesitate to call. Very truly yours, Charles J. Voorhis, CEP, AICP eric; Long EAF Part I, II Determination of Significance CRAMER, vqI~R H~, ~//.A,AS OCIATE S Page 3 SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Significance Lead Ag, eno': Address: Town Board of the Town of Southold Totem Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: March , 1993 This notice is issued pursuant to Part 617, 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 environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Reynold & Herman Blum Change of Zone Petition from Residential-Office "R-O" District to Business "B" District SEQR Status: Unlisted Action Project Description: The project which is the subject of this Determination, involves a proposed change of zone of 5.683 acres from Residential Office "RO" to General Business "B". The project decision is structured to restrict business use in conformance xvith the following goals: l) maintain aesthetic quality of rural/historic agricultural use through historically appropriate design and site planning; 2) allow only retail businesses complementary to the rural and historic character of the surrounding area, such as offices, antique, art and craft shops and galleries and other retail sales supplemental to vineyard use; and, 3) allow restaurants, except drive-in restaurants. SCTM Number: District 1000 - Section 103 - Block 01 -Lots 19.2 & p/o 19.11 Page I of 2 Reynold and Iterman Blum · SEQR Determination Location: The site is located on the south side of Main Road, 737.32 feet west of Harbor Lane, in Cutchogue, New York. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and Il, and the following specific reasons: 1) 2) 4) 5) The project has been evaluated through a Long EAF Part I and II which consider environmental and planning aspects of the project. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons; soils are conducive to leaching, topography is flat, there is no significant vegetation, wetlands or wildlife habitat on site. 3) ~I~he proposed zoning would not generate a significant inflttx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. Land use and zoning issues are a local as opposed to a regional consideration, and measures are available to reduce impact upon the community. The use would be subject to site plan approval by the Planning Board if the zoning is changed in accordance with Chapter 100 of the Southold Town Code. For Further Information: Contact Person: Address: Phone No.: Judith Terry, Town Clerk Town Board of the Town of Southold Town Hall, Main Road, Southold (516) 765-1801 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Southold Town Planning Board Southold Town Building Department Suffolk County Department of Health Services Suffolk County Department of Planning NYS Legislative Commission on Water Resource Needs of Long Island Southold Town Clerk's Bulletin Board Reynold and Herman Blare Page 2 of 2 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- ly, there are aspects of a project that are subiective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e.xpert 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 a. ction. Full FAF Components: The fu]l 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 32 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 potentia[Jy- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentialJy-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Idenlify the Portions of EAF completed for this project: ~ Part 1 ~ Part 2 I-1Part 3 Upon review of the information ~ecorded on this EAF [Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each ~mpact, it is reasonably determined by the lead agency that: [] A. The project wdl not result in any large and important impact[s) and, therefore, is one which wiil 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 significant effect for this Unlisted 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 in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaral[on 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 R~spons~ble Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date ./'9 ~-~ Title ~/f Responsible Oificer Signature o~Preparer fH different from responsible officer) PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist tn 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 .~C~JON LOCATION OF ACTION (Include $[ree[ Address, Mumcipaliiy and Counlyt , CITY/PO I STATE I ZIP CODE NAME OF OWNER (It dilferenl) I 8USINESSi ) TELEPHONE ADDRESS CiTY/PO I STATE ZIP CODE DESCRrPTION OF ACTION /t x, 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: [-IUrban E31ndustrial [:]Forest C~Agriculture 2. Total acreage of project area: ~- ? acres, APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 2S of ECL) Water Surface Area Unvegetated [Rock, earth or fill) Roads. buildings and other paved surfaces ' Other (Indicate type) 3. What is predominant soil type(s) on proiect site? _ E]Comrnercial E]~,.,_esidential (suburban). r-IRural (non-farm) PRESENTLY AFTER CO,'¥tPLETION acres c~ acres acres 0 acres %"' "~' acres o ~-'-' ~-- acres acres c'~ acres acres O. 5" acres a'. Soil drainage: [ii~A,'ell drained /oo % of site I-IModerately well drained % of site C]Poorly drained % of s~te b. If any agricultural land is mvolved~how many acres of soil are classified within soil group I through 4 of the NYS Land Classfficabon Systern~ ~'-- ~ acres. (See 1 NYCRR 4. Are there bedrock outcroppings on project site? C1yes 0~-No a. What is depth to bedrock? -- ~ ~ (in feet) S. Approximate percentage of proposed project site with slopes: ]~-10% /~,;, % []']0-15% E~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? ~lYes ,,~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [~Yes .,[]No 8. What is the depth of the water table? z,s' (in feet) ~ -Z ?~ / 9, Is site located over a primary, principal, or sole source aquifer? /~es ~o 10. Do huntin§, fishing or shell fishing opportunities presently exist in the project area? E~Yes 11 Does project site contain any species of plant or animal life that is identified as threatened or endangered? Identify each species 12 Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other §eolo§ical formations) I--lYes [~'N o Describe 1S. 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? ~No 15. Streams within or contiguous to project area: ~'~.),~'~ 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 /~z-( b. Size (In acres) 17. Is the site served by~xisting p_ublic utilities? .;l~y'es i-lNo a) If Yes. does sufficient capacity exist to allow connection? .~'es [Z]No b) If Yes, will improvements be necessary to allow connection~ [~Yes ,J~No 18. ls the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 2S-AA, Section 303 and 304? I-lYes 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 [Z]Yes J~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [Z]Yes ~1o B. Project Description 1. Physical dimensions and scale of project frill in dimensions as appropria-te) a. Total conticuous acreage owned or controlled by project sponsor ZT. '~,.~ ~ acres. b. P~oiect acrea~,e to be developed: ~'-(~'~ acres initially; acres ultimately. c. Project acreage to remain undeve!oped '~'~' "/'?~ acres. d. Length of project, in miles: ~-~/I iii appropriateJ e. If the project is an expansion, indicate percent o~ expansion proposed ~'""~ %; f. Number of off-street parking spaces existing ~' ; proposed "~. g. Maximum vehicular trips generated per hour ~- (upon completion of project),' h. If residential. Number and type of housin~ units: One Famdy Two Family Multiple Family CondomJmum initially ~ ~ ~ ~ OltimateJy '~ ~ -- ~ i. Dimensions (in feetJ of largest proposed structure ~'~ ' hmght; ~/8' ' width; ~-~' *' length. ]. Linear feet of frontage along a public thoroughfare proiect wdl occupy is? 7~.~'' ft. 3 · Pad 2--PR JE(. IMPACTS AND THEIR ~ ';N' 'DE lL..~r~blUt~ of L~ AI~ Ge~ral Infor~tl~ (Re~d Carefully) · In completin8 L~ form t~ rev~er sh~ld ~ 8uid~ by t~ ~esti~: Have my res~nses a~ ~termina~i~ rez~blel The revi~er is ~ ex~c(~ to ~ an ex~K envi~men~l · Iden[ilyifli that an impact will ~ ~[entially larie (column 2) ~s ~t ~an t~( i( is al~ necessarily Any large imDact must ~ evaluat~ in PART 3 to de,ermine siEnilicance Identilyin~ an im~ct in column 2 simply asE~ that it ~ I~k~ at · T~ Examplea provided are to assist (~ reviewer by showina ~s ol impacb a~ w~rever ~5sible ~ ~res~ld of m~nitude ~at w~ld ~i~er a res~fl~ in column 2. The examples am ~rally a~licable ~ouE~t ~ S~te for mo~t situations. Bu~ for any s~cific project o~ site ot~r ~mp~ a~ ~r ~resholds may ~ appr~te f~ a Potential LarEe Impact rm~, ~us ~uirini ~aluat~ in Pa~ 3. · T~ Impac~ o( each ~oj~ on each site, in each I~ali~, will va~. T~mf~. ~ examples a~ illu~trat~e and ~ ~n offer~ as iuidance. T~ ~ ~t c~sritute an exhaus~ list ~ im~ a~ ~lds to an~ each q~. · The flum~r of examples ~ question d~5 not indicate the im~ance of each q~ti~. · In identi[yin~ impact, consider Joni te~, sho~ term and cumlative eff~. I~tru~io~ (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Y~ if t~e will ~ a~ impa~ b. Maybe answers should ~ consider~ as Y~ answers. c. I~ answerin~ Y~ [o a question then c~ck the appropriate ~z (column 1 ~ 2) to i~ica[e t~ ~tential size o~ the impac~ If impact thres~ld ~uals or exc~s any example pro~, c~k column 2. If impact will ~cur but thres~ld is I~er than example, c~ck column 1. d. If ray.er has d~b[ a~t size o~ ~ impact ~en consider ~ im~c[ as ~t~lly larae and p~ to PART 3. e. If a ~tentially larae im~ct c~ck~ in column 2 can ~ miti~t~ ~ c~ni~sJ m ~ ~o~t to a small ~ ~rate must ~ ~plain~ in Pa~ 3. IMPACT ON LAND -- Will t~e prc~=,osed a~,~n r~ult i~ a I:~n~:al ~J'~a0~e ~ ~o~ ~i~ ~O ~YES E~amp~ ~al w~ld apply to ~lumn 2 Any c~st~c~ion ~ slo~s o[ 15% or ireater, (15 f~l rise ~ 1~ f~[ of length), or where the ~eneral slo~s in the project area ~c~ 10~. Const~ction on land where the depth to the water table is I~s than 3 f~L Construction of pav~ parkini area for 1,~ or more vehicle. Const~ction on la~ w~re ~r~k is ex~s~ or ienerally ~hin 3 f~t of existini ir~nd sudace Construction that will continue for more than 1 year or invol~ more than one phase or s~se. Excavation for minin~ pur~ses that would remove more than 1,~ tons of natural material (i.e.. rock or soil) ~r year. Construction or expansion of a sanita~ landfill Construction in a desi~nat~ fl~way. Other impac~ 2. Will [here be an effect t .... .y umque or unusual landfo~.~ms found on the site? (i.e., cliffs, dune~, ieololical fc~'maticms, etc.,~NO I-lYES · Specific land forms: 1 2 3 S~T~II to Potential Can Impact Be Mc,~ecate Large Mltlgatecl By ' ' cmp.~t- Impact Project Change [] i--I F]Yes [~No 0 [] FIye-s •No [] [] E}Yes F]No [] [] OYes F1No 0 [] ~Yes ON• [] [] F~¥es •No [] [] r-lyes ON• [] [] •Yes ~No [] [] gY~s ~No IMPACT ON WATER 3 Will proposed ac[ion affect any water body designated as protected? (Under Articles 15, 24.25 of the Environmental Con~at.~c)n Law, ECL) ,,~NO I-)YES Examples 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_ · E~enslo~ of utility dis~bution facilitie~ through a protected waler ~-=~y. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected exist~or new txxJy of water? ~NO i-lyEs Example~ that would apply to column 2 · A 10% increase or decrease in [he 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/ /,~O BYES that would apply t~ colurnn 2 e Propose, d Action will require a disch~rie permit. · Proposed Action requires u~e of a ~ource of water that do,es ont have approval [o serve propo~ed. Lomject) action. · Propos~l Action require~ wa[e!' supply from wells with greater than 45 gallons per minute puml~ng Capacity. · Constructk:~ o~ ofleration causing any contamination of a water supply system. · Proposed Action will adversely affecl groundwater. · Liquid effluent will be conveye~ off U~e site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likel" ,~aL, Je siltation or other discharge into an existing body of wat¢~ L~ ti-,*, extent that there will be an obvious visual contrast to natural conditions. · Propose<f Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: _~. Will proposed action alter drainag~ flow or patte~), or surface [- water runoH~ /~0 nyE5 E]Lz.-'nples that would apply to column 2 · Propo~,ed Action would chan~e flood water flows 7 Small lo Potential Can Iml:~ct Moderate Large Mitigated By Impact Impact Project C~ang, ~ ~ ~Yes ~ ~ ~Yes ~No Ves ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes O 0 DNo 0 0 OYes 0 0 OYes ONc 0 0 OYe ON · Propo~d Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a desiinaled floodway. · Other impact, s: IMPACT ON AIR 7. Will proposed action affect air quality? ~O DYES Eumple~ that would apply to column 2 · Proposed Action will induce 1.000 or more vehicle trips in any given · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminanU 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 existini industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any t~reatened ~r enda?ns~red species? ,/~O 17-1YES E~ample~ that Would apply to column 2 ' · Reduction of one or more species listed on the New York o~ Federal list, usina the site, over or near site or found on d~ site. · Removal of any portion of a critical or significant wildlife habit.aL · Application ol' pesticide or herbicide more than twice a year, other than for a~ricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-thread.entel or non-endangered species? ~_,~O i-lYES Ezamples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish. she/Irish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of aKe) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land r,,~,urcesi' /i~NO aYES Example~ that would apply to column 2 · The proposed action would sever, cross or limit access to a~ricultural land (includes cropland, hayfields, pasture, vineyard, o~chard, etc.) Small tn Mode~ Impact O O O E) O [] O 0 O [] O O Polantlal lrge Impact O [] [] 0 0 O 0 O 0 0 O [] O [] [] O C~n Impact Be Mitigated By Project C~ang~ [-lYes ONo OYes i'--INo t--lYes i'~No OYes [-]No OYes r-INo OYes ONo OYes ONo OYes I-lyes ONo OYes Byes I-}No OYes i--lNo [~Yes [~No OYes F1No OYes ONo [-]Yes FINo 8 · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District. more than 2.5 acres o! agricultural land. · The proposed action would disrupt or prevent instJIlation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches. strip croppini,I; or create a need for such measures (e.g. cause · farm field to drain poorly due to increas~l runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES/ 11. Will proposed action affect aesthetic resources~' ~O I"IYES (If necessary, use the Visual EAF Addendum in/Section 617.21, Appendix B.) ' Example~ that would apply to column 2 · Proposed land uses, or project componenls obviously different from ot' in sharp contrast to current surrounding land use patterns, whetl~/ man-made or natural. · Proposed land u~es, or project components v~ible to use~ of aesthetic resources which will eliminate or significantly reduce tl~ir · enjoyment of ~ aesthetic qualities of that resource. Project components that will result in the elimination or significant s. cre~ning of sceflic views kn(~wn to be important to the area. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure ~f_historic, pre- historic or paleontological importance? /~O OYES E=amples that would apply to column 2 / ' · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on ~e State or National Re~ister of historic places. · Any impact to an archaeolc~ical site or fossil bed located within [he project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other imp·eLs: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational oppo~unities1 ~ _ Examples that would apply to column 2 /]~NO 0-1YES )The I~ermanent foreclosure of a future re~creational~pportunity. '~"A major reduction of an open space important to [he community. · Other impact, s: --9 1 2 3 Small tentlal Can Impacl Be Moderate Large Mitigated Impact Impact Project C~ng~ O O OYes ONe 0 O OYes ONo O 0 OYes OEo J'-I 0 OYes ~No O 0 OYes ONo 0 0 ONo 0 0 OYes 0 0 OYes 0 ~ ~Yes ONo 0 ~ OYes ONo ~ ~ OYes ~No 0 0 OYes ONo D D IMPACT ON TRANSI~). RTATION 14. Will there be an effect to existing transportation s sty,~ms~ Example'~ that would apply to column 2 c,.,~O BYES · Alteration of present patterns of movement of people and/or goo<is. Proposed Action wi~resuh in major traffic problems, ~ Other impacts: /'-~'~m~:~/~ r~,~yf"~-*'~ ~/~ -~"~ IMPACT ON ENEROY 15. Will proposed action affect the community's so ru~ of fuel or energy supply~ ,]~,N O r-lYES Ezamples 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 olr an energy transmission or supply system to serve more than .50 single or two family residences or to serve a major commercial or indusb'ial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibra~ic,), as a result of the Pr0pose~ Actkml ~g~lO · •YE5 E~ample~ that would apply to column 2 · Blasting within 1,5OO feet of a hospital, school or other sensitive facility. · Oclor~ will occur routinely (more than o~e hour per day)- · Proposed Actk)n will produce ope~,~fing aoise excelling tl~"l'oc~l- ambient noise levels for noise outside of structure~. · Propos~od Action will remove natural barriers that would act as a · Otber impacts:. IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affecl public health and safq~O [:]YES Example~ that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event 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 million or more 8allons of Jiquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,O(X3 fe~t of a site used for the disposal of solid or hazardous waste. · Other impacts: 10 I 2 Small to Potential Can Impacl Moderlta Large Mitigated By Impact Impact Project Chang 0 [] OYes [::]Nc [] [] i--lYes J']Nc [] [] OYe~ ONe [] [] OYes [] [] OYes [] [] []Yes •Nc [] [] []Yes 0 [] []Ye _~ [] []Yes F'IN¢ [] [] DYes r-iN< [:3 [] []Yes [] [] i--lyes [] [] ~Yes [] [] OYes ON [] [] OYe~ ON IMPACT ON GROWTH AND CHARACTER 18. Will proposed action affecl the character of the exisl~n&community~ E,]~O I-lYES Examples that would apply to column 2 * The permanent population of the city, town or village in which the project is located is likely to irow by more than $%. · The municipal budget for capital expenditures ~ operating services will increase by more ~nan 5% per year as a r~ult of this project. · Proposed acLio~ will conflict with officially adopted pi·ns or goals. Proposc~:J action will cause · chanBe in the density of land use. · Propo~d 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 important prect~ent for future projects. · Proposed Action will create or eliminate employment. · Other impact~: I 2 3 Smell lo Potenllal Can Impact Be Moderate Large Mitigated By Impact Impecl Project Change E) [] I'~Yes []NO [] J'-] [-]Yes [-]No I-I [] OYes []No 0 [] [::)Yes []No [] [] OYes ONo [] [] []Yes i'~No [] [] []Yes E3~o [] [] []Yes []No 19. Is there, or is there likely to be, public contr&x,er~)~ related to potential adverse environmental impacL~? ,,,~O [3YES If Any Action In Part 2 la Identified aB a Potential Large Impact or If You Cannot Delermlne the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS lespon~bility of Lead Alency Part 3 must I~ prepared il one or more impact[s) is considered Io be polenlialiy larle, even if (he impact(s) may be mltl~ated. Instructions Discuss the following for each impact identified in Column 2 of Peri 2: I Briefly describe the impact. 2. Describe (if applicable) how I~e impact could be mitigated or reduced to a small to moderate impact by project change(s) 3. Based on the information available, decide if it is reasonable to conclude that Lhis impact is importanl. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · It~ irreversibility, including permanently lost resources ol value · Whether the impact can or wilt be controlled · The regional consequence o! the impact · Its potential divergence Irom local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachmen:s) COUNTY OF SUFFOLK March 5, 1993 ]udith T. Tez~7, $oudmld Town Clerk Souflaold Town I-I;~U 53095 Main Road Soulhold, New Yo~k 11971 RECEIVED MAR 8 1 9o ~: Reym',ld & He~m,aa Blum ~c~#: 1000-!03-01-19. l 1 Soul'hold Delur Ms, The Suffolk Comity Dep,[rtme~t of I-lc:,llh £er'Ac:s (SCDHS; "Deparm~¢nt") ha,' received your lcUer da~ed Februru7 5, 1993, concemh~g the above-r._fercnced project, The DepaJtmem has no objection to your designation as lead agency, Based on a review of the subject coordination, d~e Depare. nem offers the following comments. The~e comments should not be construed as an implicit $CDH$ approved or rejectior~ of II~e project. All applications are reviewed thorough!y with respect to Suffolk County Sanit~y Co Je concem~ by appropriate depamnenl;tl persom~e! ~ hen SCDHS applications are completed. A subdivisiun appHcatlon '.'.,ill be required by the $CDH$ Ofhce of Water ~d Waslewater M.mngemem for this proposed project. Plaa review ilild tec~lic~ co~mncnts %[I~l ke made ~hnc, The applicant Illust comply w/th the requirements of the Suffolk County Sm:fitary Code and rele.~ant co.~tmction st;mdards fur wamr ~upply aid sewage dispose. Design and flow Sl'mClfications, subsud:ace soil cmldir[ons, ai~d complele site plan details m'e essential to thc review tl~i, pre, jeer. These' considerations ;u'e reviewed completely al' tl~e time of $CDltS application. SCDI IS mah~mlns jmisdicfion over fl'~¢ final location o£ sewage disposal and water supply systems. Letter ~c Judi[h T, Terry ~-]~rch 5, 1993 Thc .a[,plicm~% d:e~cf, xe, ,~hould nvt unde~:e the construction of either system without Health Department approval. Thank you for d~e oppo:tunity ,'o review tllis application. If you have aa)' que,~tions, please fe~l fl'ce to contact the Office of Ecology at 852-2078. Sincerely Yours, Mark 1'. Reuschle Environmental Planner Office of Ecology MJK/amf cc: Vilo Minei, P.E. Stephen Costa, P.E. F£ank Dowling, SC Planning COUNTY OF SUFFOLK ROB£~T J GAgFr'~gY FAX NO, 5i6oB52-2092 TRANSMI~'TAL FORM ROM: DATE: SUBJECT: PAGES: this pa~e) If th~s is not received In its entirety, please call 516-85P- JUDITH T. TERRY TOWN CLERK REGISTRAR OF V[TAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone 1516} 765-1801 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOI&'ING RESOLUTION I~I/AS ADOPTED BY THE SOUTHOLD TOI~N BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993: RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, the Town Board of the Town of Southold, as lead agency, has determined that the proposed action of Reynold & Herman Blum for a change of zone from Residential Office "R-O" District to Business "B" District on certain property located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York, [SCTM #1000-103-01-19.2 & p/o 19.11) will .not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared; and be it FURTHER RESOLVED that this determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the long Environmental Assessment Form Parts I and II, and the following specific reasons: 1. The project has been evaluated through a long EAF Part I and II which consider environmental and planning aspects of the project. 2. The subiect parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons: soils are conducive to' leaching, topography is flat, there is no significant vegetation, wetlands or wildlife habitat on site. 3. The proposed zoning would not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. 4. Land use and zoning issues are a local as opposed to regional consideration, and measures are available to reduce impact upon the community. 5. The use would be subject to site plan approval by the Planning Board if the zoning is changed in accordance with Chapter 100 of the Southold Town Code. Southold Town Clerk April 7, 1993 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197 I Fax (516~ 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Significance Lead Agency: Address: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: April 6 , 1993 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Reynold & Herman Blum Change of Zone Petition from Residential-Office "R-O" District to Business "B" District SEQR Status: Unlisted Action Project Description: The project which is the subject of this Determination, involves a proposed change of zone of 5.683 acres from Residential Office "RO" to General Business "B". The project decision is structured to restrict business use in conformance with the following goals: l) maintain aesthetic quality of rural/historic agricultural use through historically appropriate design and site planning; 2) allow only retail businesses complementary to the rural and historic character of the surrounding area, such as offices, antique, art and craft shops and galleries and other retail sales supplemental to vineyard use; and, 3) allow restaurants, except drive-in restaurants. SCTM Number: District 1000 - Section 103 - Block 01 -Lots 19.2 & p/o 19.11 Page 1 of 2 Reynold and Herman Blum SEQR Determination Location: The site is located on the south side of Main Road, 737_32 feet west of Harbor Lane, in Cutchogue, New York. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1) 2) 4) 5) The project has been evaluated through a Long EAF Part I and II which consider environmental and planning aspects of the project. The subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of the Long EAF Part I as well as field inspection indicates that the site is suited for controlled development for the following reasons; soils are conducive to leaching, topography is flat, there is no significant vegetation, wetlands or wildlife habitat on stte. 3) The proposed zoning xvould not generate a significant influx of people or traffic as compared to present zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted. Land use and zoning issues are a local as opposed to a regional consideration, and measures are available to reduce impact upon the community. The use would be subject to site plan approval by the Planning Board if the zoning is changed in accordance with Chapter 100 of the Southold Town Code. For Further Information: Contact Pe~-son: Address: Phone No.: Judith Terry, Town Clerk Town Board of the Town of Southold Town Hall, Main Road, Southold (516) 765-1801 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Southold Town Planning Board Southold Town Building Department Suffolk County Department of Health Services Suffolk County Department of Planning NYS Legislative Commission on Water Resource Needs of Long Island Southold Town Clerk's Bulletin Board Reynold and Herman Blum Page 2 of 2 PLANNING BOARD MEMBERS I~ennett Orlov, ski. Jr.. Chairman George R~tchie Latham. Jr. Richard G Ward Mark S. McDonald Kennelh L. Edward~ Telephone lSIht 765 I~tg MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold. New York 11971 Fa~ 1516~ 765-1823 FROM: DATE: RE: Scott Louis Harris, Supervisor, and Members of the Southold Town Board Richard G. Ward, Chairman and Members of the Southold Planning Board March 23, 1993 Change of Zone Petition of: Raymond and Herman Blum (operating as Peconic Bay Vineyards) State Route 25, 737.32 feet west of Harbor Lane Cutchogue, New York SCTM # 1000-103-1-19.2 and p/o 19.11. On March 22, 1993, the Planning Board voted to adopt this report in response to the Town Board's request for input on the B1Ltm Change of Zone petition. DESCRIPTION OF PETITION: The petition before the To~rn Board is to change the zoning of two parcels from Residential Office (RO) to General Business (B). The smaller of the two subject parcels is owned by Herman Blum. It is 2.78 acres in area and contains a large two story residence, and three smaller buildings, some of which house the wine-making facilities of the Peconic Bay Vineyard. The larger parcel, owned by Reynold Blum, is the site of the Peconic Bay Vineyard. It is a split-zoned parcel 24.2 acres in size, of which 21.30 acres are zoned R-80 and 2.9 acres are zoned RO. The winery's retail shop and office, along with an accessory apartment are located on the RO portion of this property. The R-80 portion of the property is used as a vineyard. Page 2. Planning Board Report: Blum Change of Zone Petition Together, these two parcels have 727 feet of road frontage on State Route 25. SURROIYNDING ZONING: The next parcel to the west is the site of the George Braun Oyster Co. It is zoned General Business (B). Westward of Braun, the area is residential in character and the zone is R-40. The vineyard itself and the adjoining lot to its east are zoned R-80. The remainder of the road frontage between the subject parcels and Harbor Lane to the east is zoned Re. On the north side of SR 25, the entire road frontage between Cox and Depot lanes is zoned General Business with the exception of the two corner lots on Depot Lane which are zoned Re. REVIEW OF PETITION: The applicant made two arguments in support of this petition. The first is that the Re zoning is "out of place". The northern side of SR 25 is zoned General Business (B) from just east of Depot Lane to just east of Cox's Lane in Cutchogue. As mentioned earlier, the Braun property to the in~ediate west of the subject property on the south side of SR 25 is zoned B also. The second arguz~ent is that the Re zoning does not allow for two uses, cafe and retail shop, that would improve the "appearance and viability" of the vineyard and winery. In response to the first argument, the Planning Board notes that it is possible to use this argument to extend business zoning throughout the Town. Zoning, by its very nature, requires the drawing and enforcing of lines in order to achieve specific goals for a community's development. The Town has a long history of safeguarding the non-business zoning of the subject property as is evidenced by the enclosed letter dated April 1985 to the Town's planning consultant in which the Town Board expresses its dissatisfaction with the consultant's proposal that the Town rezone this property to Business as part of the proposed master plan. Instead, the zone was changed to Re. Page 3. Planning Board Report: Blum Change of Zone Petition The following uses presently exist on the subject parcels: the westerly, 2.9 acre, parcel hosts a vineyard, a winery, and one accessory apartment to the winery. The easterly 2.78 acre parcel hosts one single family dwelling and some components of the winery operations in the barn. The RO zoning permits only three uses as of right: a single family dwelling structures or uses owned or operated by the Town, including school, park and fire districts; and structures and uses owned or operated by fraternal organizations. Uses permitted in the RO zone by Special Exception from the Board of Appeals include: two-family dwellings places of worship nursery schools philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes and sanitoriums public utility installations and rights-of-way not-for-profit membership clubs professional and business offices funeral homes bed and breakfast establishments libraries, museunls, art galleries wineries apartments over offices The proposed zone of (B) General Business will permit a much wider range of uses, some of which are quite intensive: agricultural operations and uses accessory thereto buildings and uses owned or operated by the Town, school, park and fire districts boardinghouses and tourist homes business, professional and government offices banks and financial institutions retail stores restaurants, excluding drive-in restaurants bakeshops for on-premises retail sale personal services stores including barbershops, beauty parlors, professional studios and travel agencies art, antique and auction galleries workshops for artists and craftsmen auditoriums or meeting halls repair shops for appliances, including cabinetry, carpentry, electrical, plur~bing, furniture Page 4. Planning Board Report: Bl~lm Change of Zone Petition repair, bicycles and motorcycles custom workshops bus or train stations theaters or cinemas (indoor) libraries or museums laundromats wholesale businesses, warehouses and building material storage and sale, except for storage of coal, coke, fuel oil or junk building, electrical and plumbing contractors' businesses or yards cold storage plants, baking and other food processing and packaging plants wholesale or retail of garden materials, supplies and plants, also accessory storage and display of same. wholesale/retail beverage distribution funeral homes train or bus stations telephone exchanges Special exception uses in the B district include: places of worship private schools and other education institutions nursery schools philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanatoriums for general medical care, except for treatment of drug addiction public utilitiy rights-of-way beach, tennis, country golf and membership clubs, and public golf courses children's recreation camps farm labor camps veterinarian's offices and animal hospitals cemetaries stables and riding academies wineries motel or hotel uses bed and breadfast, boarding and tourist homes tourists camps research design or development laboratories fully enclosed commercial recreation facilities laundry or dry-cleaning plants fraternal or social offices or meeting halls (non-profit) fast-food restaurants drinking establishments automobile laundries public garages, gasoline service stations, vehicle Page 5. Planning Board Report: Blum Change of Zone Petition sale and rental lots partial self-serve stations private transportation service, maintenance facilities including garage and RECOMMENDATIONS: Environmental: During the environmental review, the impacts on traffic volume and safety that will result from granting this petition must be considered. The shopping center and the three adjoining businesses to its i~ediate west generate a fair amount of traffic congestion at this location. Extending the B zone to 727' of road frontage directly opposite these businesses will have an effect on the traffic flow on State Route 25. Of particular concern are the locations of the entrances and exits to the new uses relative to the existing access points to all existing uses in this area. Zoning: The Planning Board's position is that it has no inherent objection to the introduction of a cafe and a crafts shop in connection with a winery retail operation. However, we counsel against granting this change of zone petition until further study because a decision of this nature will set a precedent which is likely to have significant ramifications. The nature of the precedent is this: the very arguments put forth by the Bl%uns in support of their application could be applied by other vineyard owners in support of their applications. And since the B district allows a wide range of fairly intensive commercial business uses as of right, it would be prudent for the Town to study the issue of what additional commercial uses it is prepared to permit on other vineyards. In fact, the precedent cannot be limited to vineyards and wineries alone. A vineyard is considered an agricultural operation. If the Town grants this petition, it also opens the door to similiar petitions from other agricultural operations be they sod-farms, fruit, or vegetable farms, nurseries or greenhouse operations. This petition also calls into question the wisdom of separating a winery from a vineyard, (or a retail produce stand from a working farm) by a separate zoning classification unless the development potential oi the Page 6. Planning Board Report: Blum Change of Zone Petitions working farm has been removed. Although this and other properties were so zoned by the Town, the Planning Board sees serious problems with continuing this practice without further study of the ramifications of so doing. The Board may find the following factual observations helpful also. The RO district requires 40,000 square feet per use, and its primary nature is residential. By contrast, the B district requires only 30,000 square feet per use and its primary nature is commercial. If rezoned to B, these two properties which encompass 5.683 acres, eventually could host eight separate business uses. The Planning Board is recommending that the two subject parcels be considered as one unit because the site is being used and is proposed to be developed as such. Traffic management and safety concerns also suggest that the petitioner's properties be considered as one. CONCLUSION The Planning Board offers its services in studying the issue of how to allow additional uses in conjunction with wineries and other agricultural operations. GREGORY F. YAKABOSKI TOV, rN ATTORNEY JEAN' W. COCFII~4~N Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southoid, New York 11971 TeLephone (516) 765-1889 Fax (516~ 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: SUBJECT: ELIZABETH A. NEVILLE, TOWN CLERK NOVEMBER 4, 1999 BLUM CHANGE OP ZONE FILE Attached please find the Town Clerk file regarding the above-referenced matter which I borrowed yesterday. GFY:ck Att. LEGAL NOYICE NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 135 NOTICE IS HEREBY GIVEN that a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 7th day of December, 1993, the Town Board enacted the following amendment to the Town Zon- ing Code, entitled "Zoning Code of the Town of Southold", together with the zoning Map forming a part thereof, as follows, to wit: Amendment No. 135 amends the Code of the Town of Southold by changing from Residential Office ("RO") District to Business ("B") District the property of Reynold and Herman Blum, situate, lying and being at Cut- chogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main State Road, 520 feet east of the corner formed by the intersec- tion of the easterly side of Stillwater Avenue with the southerly, side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homart intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51 degrees 22 minutes 20 seconds East, 162.0 feet; (2) North 49 degrees 31 minutes 00 seconds East, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (I) South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 fet to land of J. Homan, and land of E. Homart, North 31 degrees 22 minutes 40 seconds West, 337.20 feet to the point or place of beginning. Con- taining 5.683 acres. DATES: December 12, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLI:RK IX-12/2393(2} COUNTY OF SUFFOLK ~ I'A'I E (H: NEW YORI,. Patricia Wood, being duly sworn, says that she is th,.' Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soutbold, in Suffolk Count's; Sworn h)bel',l,e mc this ........... o~,:~ff .... cia,,' or ...... ...... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St"te o[ Raw York I~o 42GC~4G Q~:ahhefl ;n ',~,:[;d~ County / / 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 16th day of December 1993 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Amendment to Southold Town Code and zoning Map, Amendment No. 135, Reynold and Herman Blum. Judith T. Terry ~/ Southold Town Clerk Sworn to before me this 16th day of December 1993. / Notary Public JOYCE M. WILKINS Notary Public, Slale of New ¥o~ I~o. 4952248, Suffolk Counf~ Term F_~ir,m dune 12. 19..,~_-~ LEGAL NOTICE NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 135 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 7th day of December, 1993, 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. 135 amends the Code of the Town of Southold by changing from Residential Office ("RO") District to Business ("B") District the property of Reynold and Herman Blum, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, new York, bounded and described as follows: BEGINNING at a point on the southerly side of Main State Road, 520 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homan intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51 degrees 22 minutes 20 seconds East, 162.0 feet; (2) North 49 degrees 31 minutes 00 seconds East, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (1) South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to land of J. Homan, and land of E. Homan, North 31 degrees 22 minutes 40 seconds West, Containing 5.683 acres. DATED: December 12, 1991. 337.20 feet to th e point or place of beginning. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 23, 1993, AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Reynold & Herman Blum Town Clerk's Bulletin Board Roderick Van Tuyl, P.C. CLERK, TOWN ....... - LEGAL NOTICE NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 135 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 7th day of December, 1993, 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: Amenament No. {55 amends ti~e Code of the Town changing from Residential Office ("RO") District to Business ("B") Distric~ the property of Reynold and Herman Blum, situate, lying and being at Cutchogue, Town nf -%outhold, Suffolk County, new York, bounded and described as follows: BEGINNING at a point on feet east of the corner formed the southerly side of Main State Road, 520 by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homan intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51 degrees 22 minutes 20 seconds East, 162.0 feet; (2) North 49 degrees 31 minutes 00 seconds East, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (I) South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to land 9f J. Homan, and land of E. Homan, North 31 degrees 22 minutes 40 seconds West, 337.20 feet to th e point or place of beginning. Containing 5.683 acres. DATED: December 12, 1991. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 23, 1993, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK,-TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Reynold & Herman Blum Town Clerk's Bulletin Board Roderick Van Tuyl, P.C. CHANGE OF ZONE NO. 135 WHEREAS, a petition was heretofore filed w~th the ¥own Board of the Town of Southold by ..l~.Qg.~..~.~f:l...]J~.lT.r~i~n...[~.l.qr~ ................................. requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- Residential Office("RO"~, ,. - lBusiness ("lB") ing from ............................................ ~.,~s~r~c~ to ........................................... 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 relatio~ ro sold petition having been duly held by the Town Board on the ...... zJ.t~ ....... day of ............ ~.y ............................. , 19.9.3...., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be,~=nd it hereby is GRANTED. DATED: December 16, ~993. JUDITH T- TERRY c/ SOUTHOLD TOWN CLERK June 1,1993 Scott Harris, Supervisor Southold Town Board Sourhold Town Hall Main Road Southold, New York 11971 JUN 1. 1993 Dear Supervisor Harris and members of the Town Board; I would like to take this opportunity to respond to the letter and petition forwarded to your office by Mr. Levin reference the US/UK Task Force recommendations for wineries and its subsequent effect on my re-zoning application. Mr Levin's letter joins both my re-zoning application and the Task Force recommendations and implies that any action to modify the wineries sales room abilities will stifle and force existing restaurants out of business. When in fact the wineries have been operating harmoniously with retail wine and liquor stores both selling local wine for over a decade and have been the major industry responsible for increasing tourism on the East End and bringing business to the restaurants. My re-zoning application should not be confused with the recent Task Force recommendations regarding wineries. All the other wineries are located in and surrounded by other agricultural zoned properties often having sold theh- development rights. My property is currently zoned Office- Residential not Agricultural and is situated in a predominantly business zoned area. A zone change on my property is completely independent of other wineries and is isolated by its unique location and existing zoning. It would be virtually impossible and inappropriate for the other wineries to secure a zone change from agricultural to business. Additionally as you are aware: -1-The Suffolk County Planning Board has declared my petition to have no adverse effect. -2-The Consulting firm Crarner, Voorhis & Associates hired by the Town of Southold has declared" the existing site seems incongruous with the purpose of the R-O Zoning .... given the fact that the area is not essentially residential. "It is noted that the Master Plan Update outlines the site as General Business in the Land Use Plan." "Given the forgoing facts relating to land use and zoning, the present site zoning could be considered for modification." Once again this is not to be confused with the Task Force Recommendations. I fail to see why my re-zoning application has been tabled awaiting a town wide poll on those recommendations which have nothing to do with my request. It is a zone application for one specific parcel and not combined in any way with any of the other wineries or businesses on the North Fork. A favorable decision would not set any precedents in relation to other wineries because of the uniqueness of my current property location, status and zoning. The Town Board should consider my application on its own merits and not further confuse it with the Task Force Recommendations. Sincerely, Main Road Cutchogue, New York 11935 FOR DISCUSSION - POSSIBLE RESOLUTION DOES THE TOWN BOARD WISH TO TAKE ANY ACTION ON THE REYNOLD ~. HERMAN BLUM CHANGE OF ZONE PETITION AT THIS TIME? JEFF MOP. C-,APt PP. ODUCI-IO ,S I::': O. Bo, Cdcho~u~, ~'te,.,, Yb,,l~ 11935 (516) 734-4170, (212) 080-1969 May 6, 1993 Southold ]'own Board PO Box 1179 53095 Main Road Southold, NY 11971 RECEIVED MAY 1 0 lgg3 Southo~q To,,~ Dear Ladies and Gentlemen, It has come to my attention that a certain journalist present at the Town Board meeting last Tuesday evening (Ma5.' 4) heard me introduce myself as Newsday's wine columnist. This is not so. I checked the minutes of the meeting just to make sure I didn't put my foot in my mouth. What I said was that "I'm a nationally published wine writer" who writes regularly for such publications as Newsdayand The New York Times. I am also a regular contributor to The Wine Spectator and (less regularly) Elle magazine. However, I am not a staff writer for any of these publications, l am a freelancer. While in the past I have been more visible in The New York Times (Long Island section), I am currently in touch with the editorial staff at Newsdo; where my most recent newspaper articles have appeared. My comments regarding the potential change of zoning at Peconic Bay Vineyards were strictly my own personal views, expressed as a private resident of Southold Town and should not be considered to reflect the opinion of Newsdayor any other publication. Sincerely, cc: Irene Sax Food Editor, Newsday The North Fork Environmental Council is sympathetic to the wishes of the winery owners to increase the uses of their properties and we want to encourage and support the grape-growing and winery industry here on the North Fork. We believe that this can be done with some creative thought and careful consideration of the many facets and implications of various added uses on winery land. The presentation by the Sub-Committee on Economics and Tourism of the Task Force this morning at the Town Board work session seemed to be of interest to you. It seems to us that now, on the brink of an effort on behalf of wineries in General, it would be a bad precedent to down-zone the Blum property which is in question tonight to General Business. While the present intent of Mr. Blum, as we understand it, is to continue to farm grapes and make wine and simply enhance this primary use, we fear that the zone of General Business in place sets the stage for a change from farming at some later time which can not be foreseen now. We realiz~ this is presently zoned by the Master Plan as an R-O zone, it is in fact in agricultural use and we would like not to lose farmland. If there's to be any change of zone, why not up-zone it to its present use and it could simply share the changes that will be made for wineries in general. In summary, we hope the Town Board will support further uses for the wineries and we respectfully request that there be no down-zoning of the Peconic Vineyard property. Statement by Ann Lowry at the May 4, 1993 public hearing. PUBLIC HEARING SOUTHOLD TOWN BOARD May 4, 1993 8:00 P.M. IN THE MATTER OF THE PROPOSAL OF REYNOLD & HERMAN BLUM TO AMEND THE ZONING CODE (INCLUDING THE ZONING MAP) OF THE TOWN OF SOUTHOLD. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town At,torney.Harvey A. Arnoff CounciLm~n .JRsePb.. J. Lizewski SUPERVISOR HARRIS: We have one public hearing tonight. That public hearing is in relation to a proposal to amend the Zoning Code in the Town of Southold on a certain property located on the south side of the Main Road about 730 feet west of Harbor Lane in Cutchogue. The zone change is to be on a residential office, "R-O" District to Business "B" District. At this time, who has proof of publica- tion and verification of such? Councilman Wickham. COUNCILMAN WICKHAM: "Notice of hearing on proposal to amend Zoning Code and Map. Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 P.M., Tuesday, May 4, 1993, on the proposal of Reynold & Herman Blum to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York, from Residential Office "R-O" District to Business "B" District. The applicant proposes to establish a geurment cheese and craft shop and cafe featuring fresh local foods and wine at his currently established Peconic Bay Vineyards business tie. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plots, pieces or parcels of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a point on the southerly side of Main State Road, 520 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Pg 2 - PH Blum zone cha' 9 Eizabeth Homan intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51 degrees 22 minutes 20 seconds East, 162,0 feet; (2) North 49 degrees 31 minutes 00 seconds east, 565,23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (1} South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to land of J. Homart, and land of E. Homart, North 31 degrees 22 minutes 40 seconds West, 337.20 feet to the point or place of beginning. Parcel contains 5.683 acres, Dated: April 6, 1993. Judith T. Terry, Southold Town Clerk," I have before me a proof of publication, that this has appeared out here on the Town Clerk's Bulletin Board outside the door, and another one, that it has appeared in The Long Island Traveler-Watchman on the 15th of April, 1993. A letter to the Town from the County of Suffolk, Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination, A decision of local determination should not be construed as either an approval or disapproval. Comments, with the understanding, that the two parcels will be developed jointly, and limited to Iow intensity uses to mitigate adverse impacts. Very truly yours, Arthur H. Kunz, Director of Planning. I have, also, before me a letter from Richard G. Ward, Chairman and members of the Southold Planning Board, addressed to Scott Louis Harris, Supervisor, and members of the Southold Town Board, dated March 23rd. Re: change of zone petition of Reynold and Herman Blum. On March 22, 1993, the Planning Board voted to adopt this report in response to the Town Board's request for input on the Blum change of zone petition. Description of petition: The petition before the Board is to change the zoning of two parcels from Residential "R-O" to General Business "B", The smaller of the two parcels is owned by Herman Blum. It is 2.78 acres in area, and contains a large two story residence, and three smaller buildings, some of which house the wine making facilities of Peconic Bay Vineyard. The larger parcel,owned by Reynold Blum, is the site of the Peconic Bay Vineyard. It is a split zoned parcel of 24.2 acres in size, of which 21.30 acres are zoned "R-80", and 2.9 are zoned "R-O". The wineries retail shop and office, along with an accessory apartment, are located on the "R-O" portion of the property. The "R-80" portion of the property is used as a vineyard, Together these two parcels have 727 feet of road frontage on Route 25. Surrounding zoning: The next parcel to the west of the site of the George Braun Oyster Company is zoned General Business "B". Westward of Braun the area is residential character, and is zoned "R-40". The vineyard itself, and adjourning lot to the east are zoned "R-80". The remainder of the road frontage between the subject parcel and Harbor Lane to the east is zoned "R-O", On the north side of Route 25, the entire road frontage between Cox Lane,. and Depot Lane is zoned general business with the exception of the two corner lots on Depot Lane, which are zoned "R-O". Review of the petition. The applicant made two arguments in support of this petition. The first is that the "RO" zoning is out of place. The northern side of Route 25 is zoned General Business "B" from just east of Depot Lane to just east of Cox's Lane in Cutchogue. As mentioned earlier, the Braun property to the immediate west of the subject property on the south side of Route 25 is zoned "B" also. The second argument is that the "RO" zoning does not allow for two uses, cafe and retail shop, that would improve the "appearance and viability" of the vineyard and winery. In response to the first argument, the Planning Board notes that it is possible to use this argument to extend business zoning throughout the Town, Zoning, by it's very nature, requires the drawing and enforcing of lines in order to achieve specific goals for a com- munity's development. The Town has a long history of safeguarding the non- business zoning of the subject property as is evidenced by the enclosed letter dated April 1985 to the Town's planning consultant in which the Town Board Pg 3 - PH Blum zone ch~ e expresses its dissatisfaction with the consultant's proposal that the Town rezone this property to Business as part of the proposed master plan. Instead, the zone was changed to "R-O". Planning Board Report: Blum Change of Zone Petition. The following uses presently exist on the subject partcels: the westerly, 2.9 acre, parcel hosts a vineyard, a winery, and one accessory apartment to the winery. The easterly 2.78 acre parcel hosts one single family dwelling and some components of the winery operations in the barn. The "R-O" zoning permits only three uses as of right: a single family dwelling, structures or uses owned or operated by the Town, including school, park and fire districts; and structures and uses owned or operated by fraternal organizations. Uses permitted in the "R-O" zone by Special Exception from the Board of Appeals include, two-family dwellings, places of worship, nursery schools, philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes and sanitoriums, public utility installations and rights-of-way, not-for-profit membership clubs, professional and business offices, funeral homes, bed and breakfast establishments, libraries, museums, art galleries, wineries, apartments over offices. The proposed zone of "B" General Business will permit a much wider range of uses, some of which are quite intensive: agricultural operations and uses accessory thereto buildings and uses owned or operated by the Town, school, park and fire districts, boarding- houses and tourist homes, business, professional and government offices, banks and financial institutions, retail stores, restaurants, excluding drive-in restaurants, bakeshops for on-premises retail sale, personal services stores including barber- shops, beauty parlors, professional studios and travel agencies, art, antique and auction galleries, workshops for artists and craftsmen, auditoriums or meeting halls, repair shops for appliances, including cabinetry, carpentry, electrical, plumbing, furniture repair, bicycles and motorcycles, custom workshops, bus or train stations, theaters or cinemas (indoor), libraries or museums, laundromats, whole- sale businesses, warehouses and building material storage and sale, except for storage of coal, coke, fuel oil or junk, building, electrical and plumbing contractors' business or yards, cold storage plants, baking and other food processing and packaging plants, wholesale or retail of garden materials, supplies and plants, also accessory storage and display of same, wholesale/retail beverage distribution, funeral homes, train or bus stations, telephone exchanges. Special exception uses in the "B" district include: places of worship, private schools and other education institutions, nursery schools, philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanatoriums for general medical care, except for treatment of drug addicition, public utility rights-of-way, beach, tennis, country golf and membership clubs, and public golf courses, children's recreation camps, farm labor camps, veterinarian's offices and animal hospitals, cemetaries, stables and riding academies, wineries, motel or hotel uses, bed and breakfast, boarding and tourist homes, tourists camps, research design or development laboratories, fully enclosed commercial recreation facilities, laundry or dry-cleaning plants, fraternal or social offices or meeting halls (non-profit), fast-food restaurants, drinking establishments, automobile laundries, public garages, gasoline service stations, vehicle sale and rental lots, partial self-serve stations, private transporta- tion service, including garage and maintenance facilities. Recommendations: Envrion- mental: During the environmental review, the impacts on traffic volume and safety that will result from granting this petition must be considered. The shopping center and the three adjoining businesses to its immediate west generate a fair amount of traffic congestion at this location. Extending the B zone to 727' of road frontage directly opposite these businesses will have an effect on the traffic flow on State Route 25. Of particular concern are the locations of the entrances and exits to the new uses relative to the existing access points to all existing uses in this area. Zoning: The Planning Board's position is that it has no inherent objection to the introduction of a cafe and a crafts shop in connection with a Pg 4 - PH Blum zone cha~e winery retail operation. Howeverr we counsel against granting this change of zone petition until further study because a decision of this nature will set a precedent which is likely to have significant ramifications. The nature of the precedent is this: the very arguments put forth by the Blums in support of their application could be applied by other vineyard owners in support of their applications. And Since the "B" district allows a wide range of fairly intensive commercial business uses as of right, it would prudent for the Town to study the issue of what addional commercial uses it is prepared to permit on other vineyards. In fact, the precedent cannot be limited to vineyards and wineries alone. A vineyard is considered an agricultural operation. If the Town grants this petition, it also opens the door to similiar petitions from other agricultural operations be they sod-farms, fruit, or vegetable farms, nurservies or greenhouse operations. This petition also calls into question the wisdom fo separating a winery from a vineyard, (or a retail produce stand from a working farm) by a separate zoning classification unless the development potential of the working farm has been removed. Although this and other properties were so zoned by the Town, the Planning Board sees serious problems with continuing this practice without further study of the ramifications of so doing. The Board may find the following factual observations helpful also. The "R-O" district requires 40,000 square feet per use, and its primary nature is residential. By contrast, the "B" district requires only 30,000 square feet per use and its primary nature is commercial. If rezoned to "B", these two properties which encompass 5.683 acres, eventually could host eight separate business uses. The Planning Board is recommending that the two subject parcels be considered as one unit because the site is being used and is proposed to be developed as such. Traffic management and safety concerns also suggest that the petitioner's properties be considered as one. Conclusion: The Planning Board offers its services in studying the issue of how to allow additional uses in conjunction with wineries and other agricultural operations. That's all I have to say. SUPERVISOR HARRIS: At this time, the time the public has an opportunity, obviously, to give input to this Board upon the recommendation of the zone change, that is before it. Are there any members of the audience, that would like to speak, either in favor, or against this zone change, that the Town Board has at this time. SANDY GRZYBOWSKI: Sandy Grzybowski. I'm against it. If one winery decides to open a cafe, and the other thirteen wineries in the square radius of maybe thirteen miles decides to open a cafe, I'm gone. I mean it's been a rough winter, as it is, and to have one on either side of me, I mean from Mattituck to Southold alone, you're looking at thirteen cafes. I'm one cafe, that's striving to make a living for myself, and they are already agriculturally zoned, and they're selling wine, and they're doing a beautiful job at it, but to bring in like you said eight different businesses on one lot, I'm against it big time. I know that there's a lot of restaurants out there, that are serving all the wine. You know, they allow all these people to bring in their wines, they're beautifully displayed. It's on every menu, that they serve local wines, and I think it should be kept at that. They're going to bring in more fooderies. I mean, there's four delis around me now, that I compete with, and look for the summer trade from Pindar, from Peconic Bay Vineyards, from all of them, because during the winter it's rough, and to bring in more food where they stop at the winery, they have their tours, and then come eat at my place would be a different story, but it would be stopping all the flow from Southold into Greenport, because the last winery is from Pindar. JUSTICE EDWARDS: Excuse me, ma'am. Pardon my ignorance, but where is your cafe? Pg 5 - PH Blum zone ch.' SANDY GRZYBOWSKI: In Feather Hill mall in Southold. JUSTICE EDWARDS: In Feather Hill mall in Southold, there's a cafe in there? SANDY GRZYBOWSKI: San Andres Cafe. JUSTICE EDWARDS: Thank you. SUPERVISOR HARRIS: Who else would like to speak in reference to this public hearing? ANN LOWRY: Ann Lowry, speaking for the North Fork Environment Council. The Council is very sympathetic to the wishes of the winery owners to increase the uses of their properties, and we want to encourage and support the wine industry here on the North Fork. We believe that this can be done with some creative thought and careful consideration of the many facets and implications of various added uses on winery land. The presentation by the Sub-Committee on Economics and Tourism of the Task Force this morning at the Town Board work session seemed to be of interest to you. It seems to us that now, on the brink of an effort on behalf of wineries in general, it would be a bad precedent to down-zone the Blum property which is in question tonight to General Business. While the present intent of Mr. Blum, as we understand it, is to continue to farm grapes and make wine and simply enhance this primary use, we fear that the zone of General Business in place sets the stage for a change from farming at some later time which can not be foreseen now. We realize, that while this is presently zoned by the Master Plan as an "R-O" zone, it is in fact in agricultural use and we would like not to lose farmland. If there's to be any change of zone, why not up-zone it to it's present use, and it could simply share the changes that will be made for wineries in general. In summary, we hope the Town Board will support further uses for the wineries and we respectfully request that there be no down-zoning of the Peconic Vineyard property. Thank you. JEFF MORGAN: For those of you, who don't know me, I'm Jeff Morgan, and I am a nationally published wine writer. I write regularly for Newsday, and sometimes for the New York Times, also, about our wineries here. I also travel around the world quite often. I just got back from Italy. Recently I was also in Germany, and I've been to California. One thing that I see when I'm over there, they all have wineries just like we have. The wineriesllaed qp,visitors visiting, but they also have a lot of wonderful restaurants, that serve food that is really compatible with the local wineries. In fact, many of the wineries in Germany, in Italy, and also in California in Napa Valley, are very similar to our island wine me§ion, hav6- their own restaarants as well. Now, this doesn't seem to stop a lot of independent reslaurant~rsfrom, also, having wonderful restaurants. I think it only enhances the region. Like we have a problem, we have product, that appeals to a market, all sorts of tourists, who come from New York, around the world, from the South Fork. They come here to see our wineries, to see what is now a quality product, and yet, they have very few places to eat when they come here. In fact the first book about Long Island wines just came out, and it's very..it lauds the industry. It's a wonderful book, and yet even that book it advises people to go to the South Fork to eat. I think this is a disgrace. If it's not a disgrace, it's at least very dissappointing. With exceptions, of course, on the North Fork, there are in fact very few places for a wine and food, to eat in the style that he or she is accustomed to. That doesn't mean that little cafes like San Andres does not product good food, or whatever, but I feel that we have a potential market out there, that will stay on the North Fork for more than two hours. They're going to come up here, Pg 6 - PH Blum zone cha ~, they're going to spend the day. They're going to go to a place to eat, and maybe they'll even stay overnight. They'll bring their money up here, which we need, and they'll leave us pristine. So, I think it's very important that we encourage this. It's working all over the world. It works in Napa Valley. It works in Southern Germany. It works in Italy. It works in Piedmont. It works in France. Why isn't it going to work here? Now, you talk about fair competition, I just don't think it's an issue. I think we've got separate markets here. The people that are going to eat at the restaurants, that have been here for ten, twenty, thirty years, they're going to keep eating there. I hear that some of the halls are afraid that people won't married, won't rent them out, they'll go to the wineries. I think we've got two markets. A market that has a lot of money, and is now getting married on the South Fork for example, and setting up a tent in their backyard, and the people that are going to get married at the Legion Hall, and these two markets are going to remain separate. I think that we're going to enhance business up here. So, what I say, I think that having this cafe in the winery can only improve the quality of life on the North Fork. I hope it will set a precedent. I hope that all the wineries will have the opportunity to do this, if they so choose. ~ sure they won't, because it's going to be a lot of work. It takes a lot to make wine. It's going to be even harder to make wine, and food, but I'm sure they can do it. SUPERVISOR HARRIS: Thank you. Is there anybody else? RAY BLUM: I'm Ray Blum, and I'm the petitioner here along with my father. One of the questions, that I just jotted down some notes, this area what we're talking about on the property on the Main Road in Cutchogue, it's presently zoned for residential office. (tape change) The lighting in the area is on until after midnight at the shopping center across the street. It's really a parking lot. Every day the flyers go from King Kullen, and blow across the street. Predominately the wind is from north to south, we have to police the area continually, it's not a desirable area for someone to live in. As a matter of fact, when we were going to rent the house, it was difficult because everyone had children, or pets, or whatever is going to live there, because of the traffic situation, or whatever. The point was made by Tom about traffic in the area. We've three existing driveways, and entrances onto the highway at this time. The plan is to go, and use them to the best, that we are. To try, and go and move it down from directly across from King Kullen where it is right now, and move it a little bit further to the east, All the other vineyards this lady brought up, that every vineyard, or winery, were to put in a cafe it would hurt her business. Impossible. This is a unique piece of property. It's the only piece of property, that is residential, and office at the present time. It's also the only vineyard, that is not in an agricultural residential area. Most of the existing vineyards are in the position where they have sold development rights to the town, because it's an agricultural area. This is not such. It's really a commercial area. SUPERVISOR HARRIS: Mr. Blum, can I ask you to address the Board, please? RAY BLUM: I'm sorry. I'm looking to establish an eating facility in Cutchogue, not in Southold, and not in Mattituck. At the present time, the only restaurant in Cutchogue is Fisherman's Rest, unless you want to count the Chinese restuarant, and the pizza place, and the diner. It's not a Task Force item, because of presenting this as one particular party, which is us. It has nothing to do with any of the other wineries, or anything that the Task Force might be recommending, or whatever, because the Task Force is specifically not looking for anything in the way of re-zoning, up or down, or any other way, and I will be willing to answer questions, if the Board sees fit to have question from me. Thank you. Pg 7 - PH Blum zone cha' e SUPERVISOR HARRIS: Are there any other members of the audience, that would like to speak, and then I'll give the Board an opportunity to ask Mr. Blum if they have any questions in reference to this public hearing, the zone change that's before us right now. Mr. Carlin? FRANK CARLIN: This was not really on my agenda tonight. I'm Frank Carlin from Laurel. I've been listening to what this lady said back here. She's lived here all year round, and if one starts, they'll probably all be eventually doing the same, and I'm kind of confused. We want traffic out here, but yet the North Fork Enviromental people, they say we have too much traffic out here, like they were saying about McDonald's. I'm also confused, that we didn't want McDonald's, why would we want this? It's still a place to eat. If you rejected McDonald's, why not reject this? This is a place to eat to bring people out here. Right? You want tourism, and, also, you talk about the traffic, l'm not against the vine- yards. More power to them. It's a business. It will attract tourism. Fine. But did you ever go on a Sunday by Farmer Mike on Route 25 over here, and what ever that vineyard is over there, when they had the wine tasting, and the cars are all lined up on both sides of the highway a half a mile down? Talk about traffic, there it is. My main question is, if you didn't want a simple McDonald's in Mattituck, but yet we're worrying about okay this. Thank you. SUPERVISOR HARRIS: Are there any members, anyone else from the audience? SANDY GRZYBOWSKI: May l say something? I agree with what everyone has to say. Sandy Grzybowski, and I'm into competition with no problem whatsoever, but what it is Southold Town itself does not have the population to support any of the businesses, that are established right now. I speak with many business owners every single day, and I've been watching people struggle beyond imagination, and if you're not in business, and you don't see it happening, and it's scary, and a food business is one business that does tend to thrive a little bit better, than a clothing store, or bicycle shop, because everyone does have to eat. I work strictly, and only for my summer trade. I live for my summer people, and what will happen is, if there is going to be over abundancy of fooderies, and I mean I would love to see it. I'm a wine and cheese lover myself. That's why I'm into the cafe, and the gourmet cheese. I hope to soon have my wine license, and would love to carry everyone's local wines, and promote them just as well as you would promote me, if someone walked into your business, and said, hey, where's there a good place to go for lunch? Thank you. JEFF MORGAN: Jeff Morgan. I'm sorry that we're equating this with McDonald's. We're talking about a unique opportunity to capitalize on unique industry on the North Fork of wineries. There's no region on the Eastern seaboard, that has a climate, that can product wine that as good as the wines produced on the North Fork, not even the South Fork. The best wines from the South Fork are made with North Fork grapes over at the Bridgehampton Winery. There's nothing like this anywhere else on the Eastern seaboard, not in the Hudson Valley, not in the Finger Lakes, not in Virginia, nowhere else is there a place where you can make great wine. We made some great wines. We made a lot of good wines, and nowhere else can you do this here. The people, that are going to come and eat at the cafe...where I've been, every winery has a restaurant or cafe. The people, that are going to eat there will be some local people, but there will be an influx, I'm sure at least on season, of people from New York, and the South Fork, who don't come out to eat. They'll come, because there will be someplace for them to enjoy a level of cooking, hopefully, that can equal the level of wines, that is already here. There's no relation, obviously, with the McDonald's issue. I don't know Pg 8 - PH Blum zone cha -~ where that came from. But I really hope that you'll consider this. I don't think we're going to have this opportunity for too much longer, and I personally, along with a lot of people out here, would like to see the North Fork remain agricultural, and I think that this is our only hope. Thank you. SUPERVISOR HARRIS: Okay, if there's no other speaker..Oka¥, Frank, I'll let you come up, but I don't want this to go into a running debate back and forth between the audience. FRANK CARLIN: Town? I just want to ask this gentleman here, do you live in Southold SUPERVISOR HARRIS: Would you address the Board, and state your name again for the record. FRANK CARLIN: Frank Carlin from Laurel. You know I'm all for tourism, and bringing the business in this town in the summertime. That's all I hear is tourism. Fine. I'm all for it one hundred percent, but all of you remember one thing, they don't live here all year round, and pay property tax, and school taxes. SUPERVISOR HARRIS: Is there anyone else? All the way in the back. DICK NONCARROW: I'm Dick Noncarrow of Southold Town Promotion, and also President of Cutchogue-New Suffolk Chamber of Commerce. I really came unprepared tonight. I wasn't prepared for this. I was going to talk about something else, but I have to agree with Jeff Morgan. I think it's a terrific opportunity for us on the North Fork to have this type of restaurant. It will enhance the tourism out here on the North Fork, and I think it's just a great opportunity. I think you should consider it. Thank you. SUPERVISOR HARRIS: Are there any members of the Board, that would like to ask Mr. Blum any questions, while the applicant is here? Councilman Wickham? COUNCILMAN WICKHAM. I'd like to make just a very sort of oblique comment on the discussion. First of all, I think it's been a very interesting series of comments, and I would just say that after some prolonged discussion this morning, the Town Board referred to one of it's standing committees, together with the Task Force, consideration of how to acheive what various people in the audience have spoken towards. Namely, permitting wineries to have a certain scope of business, yet at the same time retaining the rural quality of life that, I think, most of us agree is important for the town. A standing committee on Planning and Zoning of the Town, together with a sub-committee of the Task Force, will continue to explore these questions more broadly. This isn't specific to your application, but more broadly in keeping with the way that a number of people tonight have expressed a need. Thank you. SUPERVISOR HARRIS: Judge Edwards? JUSTICE EDWARDS: I brought this proposition up to the Commerce and Industry. I think they thoughtof it before I did, but I've seen it work over in Connecticut. I foresee the day, when a person, a family, can get on in Penn Station in New York, and take a train out to Mattituck, and get off the station platform in Mattituck, get on a, quote, unquote, tourist bus, that will, as Frank Carlin said, eliminate the traffic problems, that we have, and this bus would go around to these different wineries, would go on to Greenport, where these people get back on the train in Greenport, and take their case, two, three cases of wine back to the city with Pg 9 PH Blum zone cha 9 them. They don't have to drive. They're having a nice ride through the country- side. They're coming out. They're seeing us. They're leaving their money here. There's no impact on the traffic, and it's falling right into place. We're going to have the various restaurants, but the industry here has to get behind, and get this bus, like they have one to Mystic, Connecticut. The Mystic Color Labs sponsored the bus in there, and this bus goes all the way around the town from the Mystic Railroad all the way around, and it's a free ride. People get on. They know they can get back on that bus again in an hour or so, and I see this as a good, clean industry. Thank you. SUPERVISOR HARRIS: Anybody else? (No response.) Okay, I'll close this public hearing at this time. Judith T. Terry Southold Town Clerk COUNFYOF SUFFOLK S I"\ I'E ()1: NEW YORK LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL ~ AMEND ZONING CODE AND MAP Pursuant tO Section 265 of th~ Town Law and re- quirmen/S of the Code of the Town of S0uthold, Suffolk County, New Y~rk, a p~bBc h~tl~ will be held by the Town Board of the Town of Southold, 'at thc Southold Town Hall, Main Road, Southold, New York, at P.M. lhes{l~, M~y 4, 1993, on the proposal of Reyeold & Herman Blum to amend the Zoning Code (including the Zoning Map) of the Town of South01d, Suffolk County, New York, on certain proper- ty located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutch0gue, New York, from Residential Office "R-O" District to Business "B" District. The applicant proposes to establish a gourmet cheese and craft shop. and cafe featuring fresh local foods and wine at his currently established Peconic Bay Vineyards business tie.' Any person desiring to be heard on the proposed amend- ment should appear at the time and place above so specified. The legal description of the aforesaid property is ns follows: All that certain plots, pieces or parcels of land, situate, lying and being at Cut- chogtie, Town of Southold, Suffnik County, New York, bounded and described as follows: Beginning at a point on the southerly side of Main State Road, 520 feet east of the cor- ner formed by thc intersection of the easterly side of Stillwatcr Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homan intersects Patricia Wood, being duly sworn, says that sba is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN a public newspaper printed at Southold, in Suffolk County; and that the notice or which the annexed is a printed copy h,~s been pLd~lished in said Long Island Traveler'-Watclalmln once each week ror. .................... '~' .... weeks SLiccessivel¥, commel<ing On the .......... /~-}'-~ ........ Swo,',~ m bef.,e me this /')~ clay of the southerly side of Main State Road; thence along the southerly side of Main State. Road, the following two courses and distances: (1) North 51 de-~r~'s: 22,minutes', 20 seconds East, 162.0 feet; (2) North 49 degrees 31 minutes 00 seconds east, 565.23 feet to land or Cichanowicz; thence along land of Cichanowicz, the following course and distance: U~South 40 de~'ees 29 minutes 00 seconds East 327.70 feet; thence 1,%at 780,51 feet to land of J. Homart, and land of E. Homan, North 31 deg~es 22 minutes 40 seconds West 337.20 feet to the point or place of beginning. Parcel contains 5.683 acres. Dated: April 6, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK 4/15/93(5) Notary Public BARBARA A SCHNEIDER NOrARY PUCLIC Sh!e el I:~w York Qualihed .i Sul[clk County Com0'.ssi~n E~]res ~/31/~f STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 9th day of April 1993 she affixed a notice of which the anne×ed 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 by Reynold & Herman Blum, 8:00 P.M., Tuesday, May 4, 1993, Southold Town Hall. Judith T. Terry~-~ Southold Town Clet~k Sworn to before me this 9th day of April 1993. Notary Public LiN[3A J. Noisy Public, Stme ol~ New Yo~ No. a,~.Z563, Sufl'oik Cour~ty,~ ~ / Term Expires D~cemb~r 31, 19 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP Pursuant to Section 265 of the Town Law and requirements of the Code of the town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 P.M., Tuesday, May ~,, 1993, on the proposal of Reynold & Herman Blum to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York, from Residential Office "R-O" District to Business "B" District. The applicant proposes to establish a gourmet cheese and craft shop and cafe featuring fresh local foods and wine at his currently established Peconic Bay Vineyards business tie. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plots, pieces or parcels of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a point on the southerly side of Main State Road, 520 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homan intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51 degrees 22 minutes 20 seconds East, 162.0 feet; (2) North 49 degrees 31 minutes 00 seconds east, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (1) South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to land of J. Homan, and land of E. Homan, North 31 degrees 22 minutes 40 seconds West, 337.20 feet to the point or place of beginning. Parcel contains 5.683 acres. Dated: April 6, 1993. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 15, 1993, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Reynold & Herman Blum Town Clerk's Bulletin Board ......... NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING CODE AND MAP Pursuant to Section 265 of the Town Law and requirements of the Code of the town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, Main Road, Southold, New York, at 8:00 P.M., Tuesday, May q, 1993, on the proposal of Reynold ~, Herman Blum to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York, from Residential Office "R-O" District to Business "B" District. The applicant proposes to establish a gourmet cheese and craft shop and cafe featuring fresh local foods and wine at his currently established Peconic Bay Vineyards business tie. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plots, pieces or parcels of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at a point on the southerly side of Main State Road, 520 feet east of the cerner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also where the easterly line of land of Elizabeth Homan intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the .following two courses and distances: (I) North 51 _degrees 22 minutes 20 se£onds East, !62.0 feet; (2) North 49 degrees 31 minutes 00 seconds east, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: (1) South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to land of J. Homan, and land of E. Homan, North 31 degrees 22 minutes 40 seconds West, 337.20 feet to the point or place of beginning. Parcel contains 5.683 acres. Dated: April 6, 1993. JUDITH T. TERRY SOUTHOLD TOWel CLERK PLEASE PUBLISH ON APRIL 15. 1993, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorneys Reynold & Herman Blum Town Clerk's Bulletin Board JUDITH T. 'FERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993: WHEREAS, Reynold ,5. Herman Blum, by petition received January 25, 1993, applied to the Town Board of the Town of Southold for a change of zone on certain property located on the south side of Main Road, 737.32 feet west of Harbor Lane, Cutchogue, New York, from Residential Office "R-O" District to Business "B" District, said property contains 5.683 acres, and is bounded and described as follows: Beginning at a point on the southekly side of Main State Road, 5230 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State' Road and which point of beginning is also where the easterly line of land of Elizabeth Homart intersects the southerly side of Main State road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51 degrees 22 minutes 20 seconds East, 162.0 feet; (2) North 49 degrees 31 minutes 00 seconds East, 565.23 feet to land of Cichanowicz; thence along land of Cichanowicz, the following course and distance: {1) South 40 degrees 29 minutes 00 seconds East 327.70 feet; thence West 780.51 feet to land of J. Homart, and land of E. Homart, North 31 degrees 22 minutes 40 seconds West, 337.20 feet to the point or place of beginning; and WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it' RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, May 4, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of Reynold & Herman Blum for a change of zone, at which time any person desiring to be heard should appear at the time and place above so specified; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper pursuant to the requirements of law. Judith T. Terry Southold Town Clerk April 7. 1993 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFF/CER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-180l OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD 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: X New Zoning Ordinance Amendment of Zoning Codi~ Amendment of Zoning Map (Change of Zone) Location of affected land: southerly side of NYS Route 25, Cutchocjue, N.Y. Suffolk County Tax Map No.: 1000-103-1-19.2 & p/o 19.11 Within 500 feet of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. X The right-of-way of any existing or proposed county or state parkway, thruway, 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. Ai fpo r t COMMENTS: Recommendation of the Southold Town Planning Board attached hereto. Date: March 23, 1993 Judith T. TerrX/ Southold Town CKerk STATEMENT CRAMER, VOORHIS & ASSOCIATES, INC. Environmental Consultants 54 N, Country Road MILLER PLACE, NEW YORK 11764 (516) 331.1455 Ms. Judith T. Terry, Town Clerk Town of Southold P.O. Box 1179 Southold, New York 11971 OATS March 9, 1993 3/9/93 #1286 #1286 BALANCE FORWARD P,E: Reynold & Herman Blum Review of change of zone petition for above noted site. $500.00 $500.00 CARMER, VOORHIS & ASSOCIATES, INC. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (5161 765-1801 February 11, 1993 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 February ?, 1993, adopted a resolution requesting you to conduct a SEQRA review of the Long Environmental Assessment Form with respect to the petition of Reynold & Herman Blum for a change of zone, at the agreed cost not to exceed $500.00. Petition and ~ertinent maps, etc., are enclosed herewith. Very truly yours, $outhold Town Clerk Enclosures cc: Reynold Blum INSPECTORS (516) 765-1802 VICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT R. WIECZOREK, Ordinance ROBERT FISHER, Assistant Fire Building Inspectors THOMAS FISHER GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOTT L. HARRIS, Supervisor Southold Town Hall P.O- Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RECEIVED FEB 9 1993 TO: Southold Town Board Soufhok~ town FROM: Victor Lessard, Principal Building Inspector RE: Change of Zone - Raymond & Herman Blum DATE: February 9, 1993 Before the adoption o£ the Master Plan in 1989, all the properties south of the Main Road from Stillwater to Eugenes Road were residential. After at least a dozen bitter meetings a concession was agreed to, to change this area to Residential Office if the west side of Main Road in Southold between Hortons Lane and the Lower Road would be changed from Residential to RO also. Now there is consideration to change to Business. Please keep in mind that there are two dwellings, one a recent apartment on the property in question. The B- Business Zone does not allow one family dwellings, so if this change happens, then two Non-Conformities will be created against what zoning is all about. There is also the further option of changing the B-Zone to include one family. At present that is the only non-residential zone (excluding industrial) that is not permitted. These remarks are intended as informational only and that in no way does the building department wish to become lead agency. VL:gar JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 180I OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 5, 1993 Reynold Blum P.O. Box 709 Cutchogue, New York 11935 Dear Mr. Blum: In accordance with Chapter 44, 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 your with regard to your petition for a change of zone. The cost of this review is $500,00, and must be paid prior to the consultant 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. Thank you. Very truly yours, Judith T. Terry ~ Southold Town Clerk RECEIVED FEB 1 1 Southold Town JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516~ 765-1823 Telephone 1516) 7t~5-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 5, 1993 To: From: Re: Petitioner Judith Terry, Town Clerk Fees for Review of Zoning Actions & Applications The Suffolk County Legislature, effective January 1, 1992, authorized fees for certain actions and applications submitted to the offices of the Suffolk County Planning Commission. Their memorandum with respect to these fees, dated December 10, 1991, reads in part: "As of January 1, 1992, zoning and subdivision actions and applications requiring significant review will be subject to a $50 fee for each zoning action ..... " "Please notify all applicants subject to County review of the requirements of County processing fee. This office (the Suffolk County Department of Planning) will bill the applicant directly once the need for significant review is determined." JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York I ltl71 Fa~t (516) 765-1823 Telephone (5161 765 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1993: 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 Reynold & Herman Blum for a change of zone from Residential-Office ("R-O") District to General Business ("B") District; 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 the applicant prior to the commencement of the review. //~Judith T. Terry Southold Town Clerk February 3, 1993 JUDITH T. TERRY TOWN CLERK REG[STI1AR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 February 5, 1993 Southold Town Planning Board $outhold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of Reynold & Herman Blum for a change of zone on certain property located on the southerly side of NY5 Route 25, Cutchogue. 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 Attachments cc: Reynold Fllum JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516'} 765-181)1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1993: WHEREAS, a petition has been received from Reynold & Herman Blum for a change of zone on certain property located on the southerly side of NYS Route 25, Cutchogue, from Residential-Office ("R-O") District to General Business ("B") District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. Southold Town Clerk February 3, 1993 JLIDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11~71 Fax (5161 765-1823 Telephone (5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 5, 1993 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 6 NYCRR Part 617 the following: your jurisdiction in the action described below; your interest in assuming the responsibilities of lead agency; and Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Proiect Name: Reynold & Herman Blum Requested Action: Petition for a change of zone from Residential-Office ("R-O") District to General Business ("B") District on certain property located on the southerly side of NYS Route 25, Cutchogue, New York. SEQRA Classification: Type I Contact Person: Judith T. Terry, Town Clerk, Town of Southold. 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. 3. issues of concern which you believe should be evaluated. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAG£ OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Soi~thold. New York 11971 Fax 15115) '765-1823 Telephone (516} 765-18111 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 2, 1993: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination Environmental Quality Review Act & Herman Blum for a change of District to General Business ("B") the southerly side of NYS Route 25, process with regard to the State in the matter of the petition of Reynold zone from Residential-Office ("R-O") District on certain property located on Cutchogue, New York. Judith T. Terry ~_/ Southold Town Clerk February 3. 1993 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 FAXi516) 765-1823 1ELEPHONE(516~ 765-1801 January 26, 1993 To Whom It May Concern: Attached hereto is a Long Environmental Assessment for submitted by Reynold & Herman 131urn with respect to their change of zone petition from Res- idential-Office ("R-O") District to ("13") Business District on certain property located on the southerly side of NYS Route 25, 520 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road, Cutchogue, New York. Posted on Town Clerk's Bulletin Board nn l/2fi/q't. 1-1-16-2 ~2/~71--7c §17.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The fuji EAF is designed to help apphcants and agencies determine, in an orderly manner, whether a proiect or action may be significant. The question of whether an ac:ion may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have tittle or no formal knowledge of the environment or may be technicaJ]v e?pert 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 fuji 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 flex~hle to allow introduction of information to fit a project or action. Fuji 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 Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of gAF completed for this project: [] Part 1 I-] Part 2 I-1Part 3 Upon review of the information ~ecorded on this gAF (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 wiiJ not result in any large and important impact(s) and, therefore, is one which will not have a si§nificant impact on the environment, therefore a negative declaration will be prepared. [] El. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* El C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a posilive decJarallon will be prepared, * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Narne of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Respons*bie Officer in Lead Agency Signature of Preparer (it different from responsible officer) PART 1--PROJECT INFORMATION Prepared hy 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 subieet 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 intormation 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 CF .~C~rION LOCATION OF ACTION (include Street Address, Munlcipahty and County), NAME OF APPLICANT/SPONSOR ADDRESS BUSINESS TELEPHONE CIT~IPO I STATE ZIP CODE ~.: ~-c~.s Gc~ L~ ] /j -~ NAME OF OWNER (11 dllferenl) BUSINESS TELEPHONE ADDRESS CiTY/PO STATE ZIP CODE DESCRIPTION OF ACTION ~, ~,, · c z' /A ,4 ,4 ,r Please Complete Each Question-Indicate N.A. il nat applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: i-tUrban I-Ilndustrial [~Forest ~]AgricuJture 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Nan-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predomtnant soil type(s) on project site? a ~oil drainage: [~We[I drained /~°o % of ~.ite I~Poorty drained __ % of site [~Commercial [qResidential ~uburba~ [qRural Cnon-farm) [;~['C) L h e r /~F¢"3F'"'"r/d( ..~.i';'c:'c- /,c.,) PRESENTLY AFTER COMPLETION ~Moderate[¥ well drained % of site b. If any agricultural land is Jnvolved, how many acres o[ soil are classified within ~oil group 1 through 4 of the NYE Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project s~te? FqYes a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of proposed proiect sire with slopes: [~[~)-10% /~,.~, % I~10-I 5% % ~15% or greater % 6 Is proiect substantially contiguous to, or contain a budding, site, or district, listed on the State or the National Registers of Historic Places? []Yes ..l~tqo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? lYes .~No 8. What is the depth of the water table? &s' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? []Yes .~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [~Yes .~/;No 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered? I--lYes ~o According to Identify each species 12. Are there any unique or unusual land forms on the project site? [i.e., cliffs, dunes, other geological formations) J~i'N o Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ~]Yes ~i~No If yes. explain 14. Does the present site include scenic views known to be important to the commumty? ,l~No 15. Streams within or contiguous to proiect area: ~/-~"' 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 ,4~,.~/:: b. Size (In acres) 17. Is the site served by~xisting p_ublic utilities? ~'Yes [No a) If Yes, does sufficient capacity exist to allow connection? ~l'es [~No b] If Yes, will improvements be necessary to allow connection? []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? []Yes .~o 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 [~Yes .~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-lYes ~No B. Project Description 1. Physical dimensions and scale of project [fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled b,,, project sponsor g7. '~/~, ~ acres. b. Project acreage to be developed: ~'-~'~ acres initiall,/, acres ultimately. c. Project acreage to remain undeve!oped ~, TT~ acres. d. Length of project, in miles: ,,~/I Jif appropriate) e. If the proiec£ is an expansion, indicate percent of expansion proposed '~'~"~ %, f. Nl~mber of off-street parking spaces existing ~o ; proposed '~ g. Maximum vehicular trips generated per hour ;-'-~- [upon completion of proiect]? h. If residential. Number and Wpe of housing units: One Family Two Family Multiple Famrly Condomimurn Initially ~ ~ -- ~ Ultimately ~ ~ -- ~ i. Dimensions [in feet) o~ largest proposed structure ~-~ ' height; ~ ' width; 6'~" length. j. Linear feet of i:rogtage along a public thoroughfare project wdl occupy is? ~7~,.~ ft. 2. How much natural material [i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? [~Yes [qNo a. If yes, for what intend_,: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? I~Yes c. Will upper subsoil be stockpiled for reclamation? ~lYes (No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? /~.d,:)/..~:' acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ClYes 6. If single phase project: Anticipated period of construction ~ '] months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase tons/cubic vards (number). ~,~? 7' f. month / ~ ~ ~' year, (including demolition). ')dc, ~ ~ month / ? '~ 3 year. ; after proiect is complete [~Yes )~,1o If yes, explain d. Is phasel functionally dependent on subsequent phases? [:]Yes & Will blasting occur during construction? CIYes ~ii~o 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? 12. Is surface liquid waste disposal involved? [:]Yes a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I-lYes ,,[]~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain /.~ [~Yes ~No 15. Is project or any portion of project located in a 100 year flood plain? I~Yes 16. Will the project generate solid waste? [Yes .[~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? CiYes [~No c. If yes. give name · location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes. explain ~l~No I~Yes []No 17. Will the project involve the disposal of solid waste? [Yes ,J~No a If yes, what is the anticipated rate of disposal? tons/month. b. I} yes, wh~t is the anticipated site life? years. 18. Will project use herbicides or pesticides? I~Yes ,,~o 19. Wi[[ project routinely produce odors (more than one hour per day)? [Yes 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result m an increase in energy use? [~Yes If ye_s , indicate type(s) ,l~No IqYes ~'No 22. If water supply is from wells, indicate pumping capacity ~, o 23. Total antic,;;ated water usage per day ~-/('~ gallons/day. 24. Does proiect involve Local, State or Federal funding? I~Yes If Yes, explain gallons/minute. 4 25_ Approvals Required: Type Submittal Date City, Town, Village Board ~Yes ~No City, Town, Village Planning Board ~i~Yes I~No City, Town Zoning Board ,~Yes City, County Health Department I~Yes .~No Other Local Agencies I~Yes J~]No Other Regional Agencies [~Yes ~'No State Agencies E]Yes Federal Agencies [~Yes ,J~No C. Zoning and Planning Information 1. Doe5 proposed action invo{ve a planning or zoning decision~ ,~e~ E]No If Yes, indicate decision required: ,~oning amendment E~zoning variance E]special use permit [:)subdivision [--)site plan [~new/revision of master plan I~resource management plan E]other 2. What is the zoning classJfication(sJof the site~ ~/o ,g,, (=$.'.r)c'-x--~/,~:c ~-~ ~-~-~ ¢- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? ,~4.{ ~',,.~-~ "~" S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land u~e plans? I~Yes ~No . 7 What are the predominant land users) and zoning c]assifications within a ~ miie radius o~ proposed action~ ~. Is the proposed action compatible wi~h adjoining/surrounding land uses within a % mi~e? ~Yes ~No 9 If the proposed action is the subdivision of land. how many lots are proposed? ~ a. What is the minimum Io[ size proposed? 10. Will proposed action require any authorization(s] for the formation o[ sewer or water districts? ~Yes ~o 11. Will the proposed action create a demand for any community provided services [recreation, education, police, fire protectionV ~Yes a. If yes, is existing capacity sufficient to handle projected demand? ~Yes ~No 12. Will the proposed action result in the generation of traffic significantly above present ]evels~ ~Yes . a. If yes. is the existing road network adequate to handle ~he additional tra/fic~ ~Yes ~No . D. Informational Details Attach any additional information as may be needed to clarify your proiect. 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 c~rtxfy that the information provided above is true to the best of my knowledge. Applicant/Sponsor,Name ~~ ~ ~ Date If Ihe ac/ion is in Ih oaslal Area, and you are a state agency, compJele Ihe Coaslal Assessment Form before proceeding wilh this assessmenl. CASE rJO: .-'.~... STATE CF NE\V YORI( TOWN OF SOUTHOLD 1N THE MATTER OF THE PETITION OF PETITIO,'4 FOR A CIL%NGE, ~IODIFICATION O1% Ai~IEND,%IE~q' OF THE BUILDING ZONE OP. DI~- A_NCE OF TI-DE TOWN OF SOUTHOLD, SUFFOLIf COUrqTY, NEW YORK. ~e',n( ld& Her~.an Blum TO THE TOWN BOARD OF THE TOWN OF SOUTIIOLD: l. I, ~.~.~.~.....~..~.~. ~_. .......................... re$idin~ at .~.~.~....~.~X..._._..'~,-.~.._{..~f.....~.~.~ (k~sert name of petitioner) Suffolk Count),, New York, the undersigned, am the owner of certain real property situated at · ~.~.~3.-~.(-<~-.-~-~-.~.----~J---.-..~--~ ............. and more particularly bounded and described as follows: ALI, that certain plots, pieces or parcels of land, with the buildings and improvements theron errected, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows: BE(;INNING at a point on the southerly side of Main State Road, 520 feet east of the corner formed by the intersection of the easterly side of Stillwater Avenue with the southerly side of Main State Road and which point of beginning is also-where the easterly line of land of Elizabeth Homen intersects the southerly side of Main State Road; thence along the southerly side of Main State Road, the following two courses and distances: (1) North 51°22'20'' East, 162.0 feet; (2) North 49°31'00'' East, 565.23 feet to land of Cichanowiez; thence along land of Cichanowicz, the following course and distance: (1) South 10°29'00'' East 327.70 feet; thence West 780.51 feet to land of 3. Homen, and land of E. Homen, North 31~22'40'' West, 337.20 feet to the point or place of beginning. Containing 5.683 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 Count),, Ne~v York, including lhe Building Zone iXIaps heretofore made a part thereof, as follows: Such request is made for the following reasons: To improve the appearance and viability of my business (Peconic Bay Vineyards) by establishing a gourmet cheese & craft shop and a cafe featuring fresh local foods and wine. The present zoning of "Residential Office" is out of place in this already co~nercial area, Changing the zoning to "Business" will conform with the adjacent properties on both sides of the street. By establishing a gourmet cheese & craft shop and cafe I will be offering both the tourist and local people a wider spectrum of local products and a cafe featuring local food and wine. I expect this to add a new dimension to Cutchogue and retain the ambience and beauty of the North Fork by using the existing property, buildings, and setting to its highest and best use. STATE OF NEW YORK, ) ) SS:-- COUXT¥ OF SUFFOLK, ) ~'Y ;'S., v~Jc~c_ ~C~,.~-f BEING DULY S~VORN, deposes and ~)'s ~tmt he is the petkioner in tl~e within action; th~ he has read the foregoing Fetition and knows the contents thereof; that the same is true to his (her) own knoxvledge, except as to the mattc-s therein stated to be alleged on in[orma6cn and belie/, and that as to those matters he believe~ it to be true. (L. S.) Sxvorn to before me tbis~, ... da)' of ........... 19~.~. SUSAN J. NA~Y Pu~c, Stale of New York No. 48967'~5 ~uaJfi~ in Sullolk County 14-16-2 (2/B7]--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- [y. there are aspects of a proiect 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 e~pert 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 determit~ation 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 Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Idenlify the Portions of EAF compleled for this project: [] Part 1 [] Part 2 F-1Part 3 Upon review of the information ~'ecorded on this EAF (Parts I and 2 and 3 if appropriateJ, 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 impact(s) and. therefore, is one which will not have a significant impact on the environment, therefore a negative declaralion will he prepared_ [] B. Although the proiect could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared.* [] C. The protect may result in 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 Declaratior~ is only vapid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Re:ponsible Ol'iicer in Lead Agency Title of Responsible Oificer Signature ot Responsible Officer in Lead Agency Signature of Preparer(it different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Proiect 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 subiect to further verification and pubhc 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 .~C~'ION LOCATION OF ACTION (include Streat Address, Municipality and County),, BUSINESS TELEPHONE CIT¥1PO I STATE ZIP CODE NAME OF OWNER (11 dilferent) BUSINESS TELEPHONE ( ) ADDRESS CITY/PO STATE zip CODE DESCRiPTiON OF ACTION /. ,, Please Complete Each Question-Indicate N.A_ if not applicable A. Site Description Physical seLLing of overall proiect, both developed and undeveloped areas. 1. Present land use: [~Urban I-Ilndustrial []ForesL [Agriculture 2, Total acreage of project area: ~' '~ acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads. buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a' Soil drainage: [~Well drained /Oo % of %ire ~Poorly drained __ % of site []Commercial [Residential {suburban). ]~Rural (non-farm) PRESENTLY AFTER COMPLETION ~Moderately weJl drained _ % of site b. If any agricultural land is involved, how many ac~es of soil are classified within soil group I through 4 of the N', Land Cfass~ficaLion System? acres (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? I~Yes ~No a. What is depth to bedrock? (in feet) 5. Approximate percentage oi proposed project site with slopes: [~D-10% /'~) % ~10-15% % g15% or greater __ % 6. Is proiect substantially contiguous to, or contain a building, site, or district, listed on the State or Lbe National Registers of Historic Places? []Yes 7. Is project substantially contiguous to a site listed on the Register of National Natura~ Landmarks? [Yes ~No 8. What is the depth of the water table? g,s (in feet.) 9. Is site located over a primary, principal, or sole source aquifer? [~Yes ,~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? []Yes 11. Does proiect site contain any species of plant or animal tile that is identified as threatened or endangered? ~rNo According to Identify each species 12 Are there any unique or unusual land forms on the project sitei' (i.e., cliffs, dunes, other §eological formations) ~Yes J~i~N o Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? /-1Yes ~i~No If yes, explain 14. Does the present site include scenic views known to be important to the community? [~Yes ~o 15. Streams within or contiguous to project area: /t~--~.¢~F~ 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 -'~/-~(: b. Size (In acres) 17. Is the site served by-existing pyblic utilities? ,,!~Yes FqNo a) If Yes, does sufficient capacity exist to allow connection? ~'es [~No b) If Yes. will improvements be necessary to allow connection~ ~Yes ,~No 18. Is the site located in an agricultural di.~trict certified pursuant to Agriculture and Markets Law, Article 2S-AA, Section 303 and 304? [Yes ]~o 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article gl~ the ECL. and 6 NYCRR 6177 ~Yes ,~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~Yes ,~o B. Project Description 1 Physical dimensions and scale of project lfill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 2-'7. '~'~ Z. acres. b. Project acreage to be developed: ~'~"~ acres initially; acres ultimate}y. c. Project acreage to remain undeve!oped :2~. ~7~ acres. d. Length of project, in miles: ,,~/t (If appropriate) e. ~f the project is an expansion, indicate percent of expansion proposed '~'~"q o,.,o, f. Number of of~-street parking spaces existing ~ ; proposed '~ g. Maxunum vehicular trips generated per hour zS- (upon completion of project)~ h. If residential Number and type of housing units: One Far'nil;, Two Family Multiple Famdy Condomimum Ultimately '~ ~ -- i. Dimensions (in feet) oi largest proposed structure ~-~ height; ~15 width; ~ length. I. Linear feet of frontage along a public thoroughfare project w~l] occupy is? 7~ 3 2. How much natural material (i e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? I-lYes [~No ,J~JA a. if yes, for what intend~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [~Yes I~No c. Will upper subsoil be stockpiled for reclamation? [Yes C]No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? /r~c,~,~'; acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ~'1~o 6. If single phase project: Anticipated period oF construction ~ 3 months, (including demolition). 7. If muRi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase c. Approximate completion date of final phase tons/cubic yards (number). ~,~'/, 7' ~' month / ¥-/-~ year, (including demolition). '3~- (_ ~ ' month t '~ 9-~ year. ; after project is complete E3Yes ,]~o If yes, explain d. Is phase I functionally dependent on subsequent phases? E3Yes 8. Will blasting occur during construction? E3Yes .~o 9 Number of jobs generated: during construction ?~ 10. Number of jobs eliminated by this project _ /~d( 11. Will project require relocation of any projects or facilities? 12 Is surface liquid waste disposal involved? [~Yes ~'No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount h. 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 ~ ~ E]Yes ,l~No 15. Is project or any portion of project located in a 100 year flood plain? [~Yes 16. Will the project generate solid waste? []Yes J~'No a. If yes, what is the amount per month _ tons b. If yes, will an existing solid waste facility be used? [~Yes [No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain '~E~'N o l~Yes I~No 17. Will the project involve the disposal of solid waste? [Yes ~No a. If yes, what is the anticipated rate of disposal? tons/month. b. I~ yes, what is the anticipated site [ire? years. 18. Will project use herbicides or pesticides? I~Yes ,~No 19. Will project routinely produce odors (more than one hour per da,,,)? I~Yes 20. Will project produce operatin~ noise exceed/nB the local ambient noise levels? 21. Will project result in an increase in energy use? L~Yes J~o If yes , indicate type(s) ~-No I~Yes ]~No 22. If water supply is from wells, indicate pumping capacity ~. c 23 Total anticipated water usage per day t./,;'~, gallons/day 24. Does proiect involve Local, State or Federal funding.' FIYes If Yes. explain gallons/minute. 25. Approvals Required: Type Submittal Date City, Town, Village Board ~i~Yes []No City, Town. Village Planning Board ~Yes 1~No City, Town Zoning Board .E~[Yes I~No City. County Health Department ~)Yes UNo Other Local Agencies [Yes Other Regional Agencies []Yes State Agencies [Yes Federal Agencies [Yes ,~o C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? .J~es If Yes, indicate decision required: ~'~oning amendment [-]zoning variance I-IspeciaJ use permit [subdivision [~site plan []new/revision of master plan [~]resourc~ management plan [other 2. What is the zoning cJassification(s)of the site? -~/o '" /~{~'-)~'"J)'/'X¢ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? )~/_(,~,¢.-~'¢ S 5. What is the maximum potential development o1: the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans~ ~Yes ~No 7 What are the predominant land use(s) and zoning classifications within a ~A mile radius of proposed action~ 8 Is the proposed action compatible with adjoining/surroundin~ land uses within a % mile? ~Yes ~No 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~ ~Yes 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protectionJ? ~Yes a. I~ yes, is existing capacity sufficient to handle projected demand? ~Yes ~No 12 Will the proposed action result in the generation of traffic significantly above present levels? ~Yes , a If yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No . D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal please discuss such impact~ and the measures which you propose [o mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor.Name ~~ ~ ~ Date II the action is in Ih oastal Area, and you are a stale agency, complele lhe Coaslal Assessment Form belore proceeding wilh this assessmenl. 5 TOWN BO-\RD, TOWN OF 9OUTilOLD In the ,Matter of the Petition of · ~:e To~vn Board nf [he Tn~vn of Sourhold. NOTICE YOU ARE HEREBY GIVEN NOTICE: That it ts the intention of the undersigned to petition the Town Board of the Town of Southold to 2. That the property which is tile subject of the Petition is located adiacent to¥our property and is des- cribed as follo~vs: 3. T~t the property wbich is the subject of such Petition is located in the following zoning district: 4. Tha~ by such Petition, the undersigned will re_,quest that the above-described property be placed in ~h~ following zone district classification: ~'~ ~ ~ ~ r ~z~-Y $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold 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 the Long lsland Travclcr-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard al: such hearing. Petitione/ Posf Office Address: , ? N.:k,"d E PRO©F r]f: "d -\ l L l ',' ?, OF ',iF~Tlr'E .\ D D F',~SS id your RETURN ADDRESS ~p~ted on the reveree side? Thank you for ueing Return Receipt Service. Isyou~ 1 Thank y~ f~ ~ Re~ STATE OF NEW YORK : COUNTY OF SUFFOLK: SS.: ,~g:~',~o~ Z~ '~,'"~ , residing at ~/'~'~'~ ~,~xD ~-~ ~c;u~ ~ x' , being duly sworn, deposes and says tha~ on the .z/ ~rd~y of ~ ,19 ~3 , deponent maiIed a true copy of the Notice set forth on the reverse side hereof, directed to e~ch of the ~bov -named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons ;re d~e addresses of said persons as shown on the cur- rent assessment toll of the Town of Southold; that s:id Notices were mailed at the United States Post Office at C~ ~c~'~ ~r ~ (regiscered~ mail. Sworn to...~ this. ~,,=~. /up dayof ~/~_~ ~,~ ~ ,19 - ; that said Notices were mailed to each of said persons by (certified) ;/ / SUSAN J. NAGY Nomy Public, 81~t~ of Ne',,/York No, 4896735 Oua,~r~ I~ Sutfol~ County LANE ' i .'ZONE iwlAP TO ACCO~P~NV,.~APPLICATIOk] ' FOE CHAN~I.~, O,F Z~E~ ~T ~gT C NO GUE , ) / RpDERICl4 VAN TUYL,..~