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HomeMy WebLinkAboutStrongs Marine, Inc. Amend.#139CHANGE OF ZONE NO. 139 WHEREAS, a petition was heretofore filed wii'h the Town Board of the Town of Southold by ..... ~t~r.o.~g.'.$...~l~irle~...lll.c, ....................................... requesting a change, modification and amendment of the Building Zone Ordinance including the Building Zone Maps made a part thereof by chang- ing from R-80 LOW Density District to M-! Mar:ina ................... ............. i~'~id~'~'tiaT' ............... District the property described in said petition, and WHEREAS said petition was duly referred ta the Planning Board for its invesJdgotion, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ....2E,.tb. ....... day of ................ ..~..u.!y. ...................... , 19.~..., and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is GRANTED. subject to the execution and recording of covenants and restrictions? Dated: August 22, 1995. JUDITH T. TERRY fr SOUTHOLD TOWN CLERK * Covenants & Restrictions were recorded in the Suffolk County Clerk's Office on January 16. 1996. JUN COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. June 12, 1995 Ms. Judith Ten3~, Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of"Strong's Marine, Inc." (#309) for a change of zone from R-gO Residence to M-I Marine, Town of Southold (SD-95-8) Dear Ms. Terry: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code. the Suffolk County Planning Commission on June 7, 1995 reviewed the above captioned application and after due study and deliberation Resolved to approve it subject to the tblloxving condition: Premises shall be restricted for upland marina and related purposes including the storage of boats and parking of cars with no further disturbance of the shoreline area and no new boat mooring facilities: A 50 _+ foot scenic easement shall be provided throughout the northerly boundary of premises adjoining the dredged canal; and Premises shall be developed jointly with adjoining lands of applicant to the south thereof. Very truly yours, Stephen M. Jones Director of Planning ~erald~wman ~_~e f Planner GGN:mb PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie La[ham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Judith T. Terry, Southold Town Clerk Richard G. Ward, Chairman~ Petition of Strong's Marine for change of zone May 1, 1995 I~CFIVED MAY 5 1995 The Planning Board has reviewed the change of zone application of Strong's Marine. Ordinarily, the PB would not recommend the extension of the MI zone into fragile wetland areas. However, in this case, the 1989 designation of this property into MI with a narrow, (160' average), strip of R-80 zoning is difficult to justify. If the intent of so doing was to provide a buffer for the residential zoning across the creek, the applicant's offer to provide a scenic easement across the northern edge of the marina will have the same result. The applicant needs the additional land to place 190 linear feet, 1190'), of rack storage units for the storage of boats in the winter, and the addition of 26 parking spaces. The PB suggests that in accepting the offer of the scenic easement, that that the applicant be asked to show the metes and bounds of the east and west edges of this easement line. The intent of showing such a line is to prevent any disputes about the exact location of the line. The PB has discussed this with the applicant, who is willing to add that additional information to the property deed. Our understanding is that the vegetation on the land between the scenic easement and the waters edge will be left alone, so as to provide a visual buffer between the rack storage units and the residential homes across the creek. When we accept or place scenic easements on property, we typically require the terms of the easement be filed as a declaration of Covenant and Restrictions in order to prevent future problems or disagreements about the permitted use of the land under the easement. We suggest the Town Board consider the same in this application. In this particular case, the PB does not see the need to require the supplementing of the existing vegetative buffer. However, the removal of the existing vegetation should be prohibited. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main P~ad P.O. B~x 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO1NING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER S, 1995: RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 16, adopted on August 22, 1995, granting a change of zone to Strong's Marine, Inc., by changing subparagraph b. to read as follows: b. That there shall be a 50-foot scenic easement as shown on the Survey for Zoning change as submitted by Peconic Surveyors, PC, under date of March 1, 1995. The resolution granting the Strong's Marine, Inc. change of zone petition reads as follows: WHEREAS, Strong's Marine, Inc., by petition filed April 12, 1995, applied to the Town Board of the Town of Southold for a change of zone on certain property located at the end of a right-of-way off Camp Mineola Road, and adjacent to James Creek, Mattituck, New York, (SCTM #1000-122-4-44.2), from Low Density Residential (R-80) District to Marine (M-1) District; and WHEREAS, said petition was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendations and reports; and WHEREAS, the Trustees and Planning Board have recommended the proposed rezoning and will be reviewing any development of the property pursuant to site plan and wetland regulations: and WHEREAS, the subject property is adjacent to an existing marina and the Comprehensive Plan calls for efficient use of the limited areas available for marina uses; and WHEREAS, the subject property, together with the existing marina, is located on a peninsula and are geographically separated from surrounding residential uses. which separation will be preserved by the following conditions: WHEREAS, a Negative Declaration was issued on June 22,. 1995 which found that the proposed rezoning would not have a significant effect on the environment: and WHEREAS, the Town Board, pursuant to due notice, held a public hearing [hereon on the 25th day of July, 1995, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the proposed rezoning is found to be consistent with the Town's Comprehensive Plan; and be it further RESOLVED that Strong's Marine, Inc. be and hereby is granted a change of zone from Low Density Residential (R-80) District to Marine (M-1) District on the following described property: Beginning at the northeasterly comer of the parcel about to be described, which corner is located the following six (6) courses and distances from a point on the easterly side of Olejulane, which point is 154.97 feet southerly from the point on the easterly side of Olejulane, which point is 154.97 feet southerly from the point on the easterly side of Oleiulane, which point ~s 154.97 feet southerly from the intersection of the southerly side of K¢aus Road and the easterly side of Olejulane: (1) South 80 degrees 39 minutes 10 seconds East, 423.36 feet: (2) South 11 degrees 22 minutes 50 seconds West. 174.33 feet: (3) South 22 degrees 13 minutes 00 seconds West. 293.00 feet: (4) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44 degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from the true point or place of beginning, South 35 degrees 19 minutes 00 seconds West, 302.73 feet; thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence South 71 degrees '~ 1 minutes 40 seconds West, 380 Ceet, more or less, to the ordinary high water mark of James Creek; thence along the ordinaw high water mark of James Creek, and a dredged canal, a distance of 850 feet to a point and lands now or formerly of E. E. Wilsberg; thence South 30 degrees 29 minutes 40 seconds East, 85 feet, more or less, to the point of beginning; all to be condi- tioned upon the execution and recording of C&Rs by the property owner in a form acceptable to the Town Attorney and which make the following covenants: a. That no boat rack be located within 100 feet of the northerly tie line (along the dredged canal) of the parcel; and That there shall be a 50-foot scenic easement as shown on the Survey for Zoning change as submitted by Peconic Surveyors, PC, under date of March 1, 1995; and c. That there shall be no dockage north of the northerly lie line of the properly (along the dredged canal); and There shall be no structure or rack at the ~vo M-1 zoned parcels owned by S[rong's Marine, Inc. which would exceed 28 feet in height, and no boat placed on this rack may exceed 28 feet in height. Judith T. Terry Southold Town Clerk September 6, 199S JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 JUNE 27, 1995: 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 detremined that the proposed action of Strong's Marine Inc. for a change of zone from R-80 Low- Density Residential District to M-I Marine District on certain property located at the end of a right-of-way off of Camp Mineola Road, and adjacent to James Creek, Mattituck, New York, (SCTM#1000-122-4-44.2) 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 6NYCRR Part 617.11, the Long Environmental Assessment Form Parts I, II and the following specific reasons: Thc Town o£ Sourhold Tr~so'cs, co-~iAere~l ~h¢ action in ~o~1~ wi~ regard to physical activities the juri..~c, fion o£ the Trustees trader tl~ Wetl~nda C)rrl;~n,'~'. Th~ Trastces have isau~d a Negative Declaration, find;.g tha£ ch~ proposed site improvements (inclvdlng tho.sc on the propos~ pardi), would not have a ~ignifi,'-~,w impact on the cnvironmemt. This dr. tcrminarlon was ba.s~'d on aa ¢Iivi.ronm~nr~l a..q,.~,~e, llL, ~nd ]~d inspe~on by the Board o£Trttsteas. A permit for achviry was Lisuext on ~anuai7 ~, 1_095 for tl~ prolx~d act/om TI~ @ropose~ @tOieCt ,.ire is m~t overly a~xirive, as it is parri~lly ~ at pre..~u~ for marimafooatyaxd related ac~videa. AccOrdingly, domeafie and czammcrcial impac~ have already re~ulte, d in an altered cnviromcnt, c~-~i~eat with the ~ Much of th~ ar~a of the proposed zone .h~.g~ ~o,,~rs of spoil, and dyked area~ as well as spoil arc ~vident on are. The aite i~ not used with any great intensity, and xmd~r thc prolaozal, the ;nt,~n~i .i~ Of ~ will no{ ~i~nil:iennrly NYSDEC m~m~i-~ jurisdiction owr any activity on si~ under A~tide 25 of the NYS Eavirom=emtal Com~ervafion Law (]~CL), ~ implem~nrin~ regmlmion~ Of 6 N'YCR_R Part 661., Tidal Wcdan4a La~d Us~ R~gulatio~..~th,~ugh ma vege. r~.d tidal wetlands ~ oa si~ the NYSDEC maima~ jurisdiction wlrhin 300 feet of the waterway, whe. r~ ther~ is ma bulkhe, a~ Ia addi~a, the Town Traste, es jurisdio:ioa over activitie~ ~ 75 ~eet of the waterwa~ under To~m Code. Therefore, aay activities eurretaly ao{ pexmitte~ would be subject to fusther r~vi~w for pote-r;~ impaa on tl~ pri,~, ¢llvironm~nral r~=~'~lgc.~ -- th{~ w~land~. The applicant proposea to [cave a ma~mum :50 ~.enic easement along the uortitwear part of adjacent the dre. dge. d e~nal This has numerous mitigative bcnefit~ V-~ual impa,-r of current a~d fu_rur¢ opcrarioms are le.a,scned, aa well aa aoi.~ buff~rino~ pre,~rvafioa of nalural habira~, b~nk 5tabiliTnrloll, limlrarlon oR aee~-~ to th" dredged ennnl $. T'ae project will not ~r ~;~il%~nr pre. c.e.d¢~r because it ia The project si~e is adjo,'~nr to an ,.afi~.rlng llla_r.i_lla in all ~ Z1311~, and therefore i~ less coadudve for the low den~it3' r,-~icl,=nrlal d~veiol~ne~t current allowed on the project 10. 11. The prop°~d action h~ llmi~e,d po~nl~ul for expansion due to geographic l;mlracion~ as.~:~iated with ad]ac~nl: waterways. Alrho.~h thc action wa~ hoc recommended in re.c.~ master plan utxiate,,% th~ action appears consistent wi~ Town comprchcnaive ~tannlnff and would re.solve a cRrreni di.spari~y with regard to R-80 zonln~ adjacant wkh MI ~ as well as exLs~ng non-c, onformln~ ~ in an II-80 zoue. The action appears to b~ conaia~ent with State Coastal Policies under th~ Local Water, oat l~e~taI~?ation Pro,ram with regard to promorlng public access and u.~ of ch~ waterway. The project i~ for a ohange of zone, and fu~h~-r review under th~ plan,~lng Board Sit~ Plan Review pro~e-q~ will b~ ~ for an), furze aerlnu on gx~ project sir~. Given prope~d mid?tlon, llmitatiOn-~ On e.~pansion, and thc fact that ~ far~'llry ~ Ctll'renci¥ iii operatio~ th~ u.~ appears to b~ compati]~l,- with areas adiac~t tl~ site. In addition, given ch~ current ~ of th~ propoaed ~ha,[¢ of zon~ parcel, the Iknitations on anticipated use, the reg,~lations over future ike altcralion, and the ~mic cascmc~ the proposed action is no~ ~ed co have a environmenrnl impact_ Southold Town Clerk June 28, 1995 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: Town of Southold Town Board Town Hail, 53095 Ma~n Road Southold, New York 11971 June 27 , 1995 This notice is is~u. ed pursuant to Part 617, of the implementing regulations pert~inlng to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determ/ned that the proposed action desen'bed below will not have a si?i~cant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: SEQR Status: Project Description: Strong's Marine, Inc. Change of Zone Petition SCTM No. 1000-122-4-442, Mattituck, NY T~eIA~on The subject application involves a request for a change of zone from R-80 to M/District. The site consists of 8.46 acres adjacem to the exis~t~ng, operational Strong's Marine. The subject application was voluntarily brought before the Board by the applicant, in order to legitimize current use of the prope.rty, and to provide a me~ns for limited expansion of parking and a shop building within the proposed MI zoning area. Page 1 of 3 Strong~s Marine, Mnttituck Negative Declaration Location: Subject property is located at the end of a right-of-way off of . .C~tmp Mineola Road, and adjacent to James Creek, ~vtamtuck New York. Rensons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination of SiLmificance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I, H and the following specific reasons: Z 3o lO. 11. Thc Town Of Southold Trustees, considered the action in total, with regard to physical activities within the jurisdiction of the Trnstens under the Wetlands Orclln~m~. Tho Tr.~ro~.s have is.sued a Ne~o~tive Declaration, fit~dlng that the propo~.d site improvements (illdUdlng t~ On th~ proposed re'zoning parcel), would not have a ~i?ificant impact on the environment. This determination was based on an ¢llvirO~ll~ntal a~-m~-{~m~llt~ alld ~ld ingpoclioll by ~ Board of Tru~ee.s. A permit for activity was learned on January 26, 1995 for the proposed acllon. The ~ project site is not ovarly s~nsltiw, as it is partially nsed at p~esent for marina/boatyard related activities. Accordln~ly, domastic and enmmei'cial impacr, s have already re,suited in an altered environment, co-*i-ent with the use. Much Of the area of the propel, at zone .h--ge consists of dredge spell, and dyked areas as well as spoil are evident on site. Tbe site is no~ u.sed With any great inten~i~y, and under the proposal, tho int~n~-ity og ns~ will not ~i~o~i~i,.-~nfly increase. NYSDEC m~intain* jurisdiction over any activity om site undea' Article 2~ of the NYS EmgrenmentM Conservation Law (ECL), with implemen,i-~ reg,,latlons Of 6 NYCRR Part 661, T'utai W-~l-nds ~ Use Reg. lsaions. Although no vegetated tidal weshnds exist on ~ito~ the NYSDEC maintain* Within 300 fe.~t Of the watarway~ Whe~ there iii ~o bulkhea,ti-~ In add, ion, the Town Trn~oe~ malntnln jmisdlction over activities within 75 ~ og ~ Waterway ~ Tow~ Code. T~.re~ore~ any currently not permitted, would be subjea:t to futthar review for pot~.t;.I impact on the primaxy site cnvil'O~R~¢ntni re~oHrco -- ~ ~ appll~nt propo6e~ to leave a mnliml0a~l ~0 Sv~ni¢ easellle.~lc aloilg the ~ortJlwe~ part o~th~ adjacent tho dredged e~nnL This has nmerons m~ti~tive benefits. Visual impact of current and futm'c operations are lessened, as well as noise buffering, preservation of natural habitat; bark 'd'nhili~riOn, and limitation on aee~--~-{ to the dredged ~annl 5. ~ proje~ will ~ gt ,:i~ifh~nt precedent Muse it is a nniq~l~ Sgellarlo. The project site is adjacent to an existing marina in an MI zone, and tharefoce is le~ conducive for the low de, nc~ residential development current allowed on the project site. The propo~d action has limited potential for e, xpan~ion due to geographic ]imltnl'iol~ a~g~a~i with Although the action was not recomm~llded in rea2PAlt llla~er plnn updat~ th~ action appear~ contAstent with Town comprebenr, ive plnn.ln~ and would reso/ve a current diaparity with regard to R-80 zonln~ adjacent with MI ns~ as well as e~tln~ non-conformln~ nsns in an R-80 zone. The action appears to be consistent with itm~,_ Coa~ Po!i~-i~ under the Local Watexfront Revltali~tlon Program with re~ard to promorin~ public acce~ and u~ of the waterway. The project is for a ehan~o~ Of zone~ ~ fiLr~ r~i~w lilldl~ th~ plnnnln~.. Board Site Plan Review pro~--~ will be necessary for any future action on the project site. Given propnsed mitigation, limitatiOnS on expan{ioIl, and th~ [~act thai' ~ facility is currently in operation, the use appears to be compatibin with areas adjacent the site. In additio~ given the current u~ of the propo~gi ehan~o~ Of zon~ parce~ the llmltntions on anticipated use, the reg~dntlonS over future slt¢ alteration, alld th~ ~:enic e. asem~ixt, th~ proposed agtion is not ~ to have a ~i~niFieant environmental impact. For Further Information: Contact Person: Ms. Judith T. Terry, Town Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 (516)765-1800 Page 2 of 3 $12-ong~s Marine~ Mat~tuc~ Negative UMel2ra flon Copies of this Notice Sent to: Commiasioner-Depa_ranent of Env/ronmenml Comerva~on Reg/onnl Office-New York State the Department of Env/ronmental Conservation Southold Town Trustees Southold Town Pl~nnlnE Board Southold Town Building Depa~ tment Suffolk Coxmty Depax ~ment of Health Services Suffolk County Depm u~ent of Planning NYS Legislative Commission on water Resource Needs of Long Island Southold Town Clerk's Bulletin Board Charles R. Cudd¥, Esq. for Strong~s Marine, inc. Pa~e3 0/'3 ENVIRONM ENT~,~G CONSULTANTS Ms. Judith Terry Town Clerk Southold Town Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re-' Strong's Marine, Inc. Change of Zone Petition SCTM No. 1000-122-4-44.2 Mattituck, NY June 22, 1995 RECEIVED JUN '2 ,_ Southold Town Clerl~ Dear Ms. Terry: As per the your request, we have completed a preliminary review of the above referenced project in accordance with your request. Tasks and completed activities are identified as follows: Review Part I LEAF The parcel has been field inspected by CVA, Inc., and the LEAF has been reviewed and amended as necessary. A copy of same is attached. Prepare Part ll LEAF The Part II 1 .g:AF checklist has been completed and is also attached. Additional information concerning our findings is included below. 3. Environmental and Planning Consideration~ Back~ound The parcel has been inspected and environmental references concerning the site and area have been consulted. The site consists of 8.46 acres adjacent to the existing, operational Strong's Marine. The subject application was voluntarily brought before the Board by the applicant, in order to legitimize current use of the property, and to provide a means for limited expansion of parking and a shop building within the proposed MI zoning area. Existing Use The site was inspected and found to be characteristic of a boatyard/marina use. Strong's Marine consists of boat storage, slip space, fuel pumps, parking, offices, service areas and marine product center within an existing MI zone. Theprimary marina use is concentrated along a dredged canal on the southeast side oftbe site. In this area, $trong's Marine owns land onboth sides of the canal. These areas are typical of marina use, whereby boats are kept in slips, and used for recreational purposes. Adequate parking, and support facilities exist for the current marina within the existing area of MI zoning. proposed Zone .C. hil.Qg$ and Use The proposed zone change parcel lies to the northwest of the current P~.e lof4 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 · (516) 331-1455 · FAX 331-8046 Strong's Marine, Mattituck Long EAF Review boatyard/marina, and is bordered by James Creek to the south and a dredged canal to the northwest. The parcel proposed to be rezoned is currently occupied by parts of buildings in the MI zone, a playground, patio, park area, volleyball court, parking, asph. alt, boat racks, and other vacant lands associated with the adjacent operational marina. The northwest part of the site fronting the dredged canal has been bermed in connection with prior dredging for a containment dyke. This area has become heav/ly vegetated and provides an effective buffer between the existing commercial use and the more natural dredged canal which is primarily bordered by residential use. The site map included with the application indicates that a good portion of this area (maximum 50' wide) will be left to remain as a scenic easement. Other areas of the ~roposed rezoning area involve a limited one-story expansion of the existing office uilding, and removal of two small sheds and a plastic shed, with replacement by a 50x75' proposed shop building of less than 35 feet in height. Additional parking urill also be provided in the proposed rezoaing area. The applicant also proposes extension of boat racks within the area currently zoned MI. Prior SEORA Actions In review of the file, it is noted that the Town of Southold Trustees, considered the action in total, with regard to physical activities within the jurisdiction of the Trustees under the Wetlands Ordinance. The Trustees have issued a Negative Declaration, finding that the proposed site improvements (including those on the proposed rezomng parcel), would not have a significant impact on the environment. This determination was based on an environmental assessment, and field inspection by the Board of Trustees. A permit for activity was issued on January 26, 1995 for the proposed action. Environmental Considerations The proposed project site is not overly sensitive, as it is partially used at present for marina/boatyard related activities. Accordingly, domestic and commercial impacts have already resulted in an altered environment, consistent with the use. Much of the area of the proposed zone change consists of dredge spoil, and dyked areas as well as spoil are evadent on site. The site is not used with any great intensity, and under the proposal, the intensity of use will not significantly increase. With regard to environmental resources, it should be noted that the NYSDEC maintains jurisdiction over any activity on site under Article 25 of the NYS Environmental Conservation Law (ECL), with implementing regulations of 6 NYCRR Part 661, Tidal Wetlands Land Use Regulations. Although no vegetated tidal wetlands exist on site, the NYSDEC maintmns jurisdiction within 300 feet of the waterway, where there is no bolkheading. In addition, the Town Trustees maintain jurisdicuon over activities within 75 feet of the waterway under Town Code. Therefore, any activities currently not permitted, would be subject to further review for potential impact on the primary site environmental resource -- the wetlands. As envxronmental mitigation, the applicant proposes to leave a maximum 50 scenic easement along the northwest part of the site adjacent the dredged canal. This has numerous mitigative benefits. Visual impact of current and future operations are lessened, as well as noise buffering, preservation of natural habitat, bank stabilization, and limitation on access to the dredged canal. Given the current use of CHARLES ~ ~SOCIATES, INC. ENVIRONMEN~~G CONSULTANTS Page 2 of 4 S~rona's Mar/ne, MaRltuck Lo~ EAF P~v~ew the proposed change of zone parcel, the limitations on anticipated use, the regulations over future site alteration, and the scenic easement, the proposed action is not expected to have a si.tmificant environmental impact. The proposal to change the zoning of 8.46 acres from R-80 to MI is not expected to have a significant adverse effect in terms of planning considerat/ons, noted as follows: The project will not set significant precedent because it is a unique scenario. The project site is adjacent to an existil~.g marina in an MI zone, and therefore is less conducive for the low density residential development current allowed on the project site. The proposed action has limited potential for expan-qion due to geographic limitations associated with the adjacent waterways. Although the action was not recommended in recent master plan updates, the action appears consistent with Town comprehensive planning and would resolve a current disparity with regard to R-80 zoning adjacent with MI use, as well as existing non-conforming uses in an R-80 zone. The action appears to be consistent with State Coastal Policies under the I.zw. al Waterfront Revitalization Program with regard to promoting public access and use of the waterway. The project is for a change of zone, and further review under the Planning Board Site Plan Review process will be necessary for any future action on the project site. Given proposed mitigation, limitations on expansion, and the fact that the facility is currently in operation, the use appears to be compatible with areas adjacent the site. Certain mitigation measures are available to minimize environmental impact. Further consideration may be given to buffering, height limitations, limits on expansion, etc. at the time of site plan review, once there is more detail provided with re~ard to proposed uses. At a minimum, it is recommended that the proposed building height provide the minimum needed for. boat maintenance with a storage loft above, while maintaining a height of less than 35 feet. In addition, the boat racks should not exceed three boats in height, and should maintain a heir. t less than 35 feet. In addition, adequate assurances should be provaded to maintain the proposed scenic easement along the northwest part of the site. Finally, the applicant should be advised of the need to obtain site plan, NYSDEC and Town Trustees approval for any further action on the site. Based on site inspection, review of the environmental assessment form, and the foregoing[ planning, environmental and other facts, the proposed action is not expected to cause a significant environmental impact, and therefore does not appear to requtre the preparation of a Draft EIS. Therefore, if the Town Board is in agreement with this review, consideration could be given to the issuance of a Negative Declaration for this project. ENVIRONMEN~G CONSULTANTS P~ge 3 of 4 S~rong's Marine, Ma~tuck Long EAF Review If you have any questions or wish any further input with regard to this matter, please do not hesitate to call. Charles $. Voorhis, CEP, A~CP CHARLES V~(~RI"~/~/~'~SOCIATES, INC. ENVIRONMEN~~G CONSULTANTS Page 4 of 4 SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Address: Date: Town of Southold Town Board Town Hall, 53095 Main Road Southold, New York 11971 June ,1995 This notice is issued pursuant to Part 617, of the implementing regulations pertain/ag 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 slgn/ficant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Strong's Marine, Inc. Change of Zone Petition SC'TM No. 1000-122-4-44.2 Mattituck, NY SEQR Status: Type I Action Project Description: The subject application involves a request for a change of zone from R-80 to MI District. The site consists of 8.46 acres adjacent to the existing, operational Strong's Marine. The subject application was voluntarily brought before the Board by the applicant, in order to legitimize current use of the property, and to provide a means for limited expansion of parking and a shop building within the proposed MI zon/ng area. Location: Subject property is located at the end of a right-of-way off of Camp Mineola Road, and adjacent to James Creek, Matt~tuck 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 Page 1 of 3 Siren's Marlue. Mattituek Negative Declaration Parts I, H and the following specific reasons: 10. 11. The Town of Southold Trustees, considered the action in total, with regard to physical activities within the jurisdiction of the Trustees under the Wetlands Ordinance_ The Trustees have issued a Negative Der. latation' finding that the proposed site improvemeu/~ (including thos~ on the proposed rezoning parcel), would not have a significant impact on the environment. This determination was based on an environmental aasestanent, and field ins~-~'tJou by the Board of Trustees. A permit for activity was issued on January 26, 1995 for the proposed action. The proposed project site is not overly sensitive, aa it is partially used at present for marinafooatyard related activities. Accordingly, domestic and commercial impacts have already resulted in an altered environment, conaktent with the usc. Much of the area of the proposed zone change consists of dredge spoil, and dyked areas as well as spoil are evident on site. The site is not used with any great intensity, and under the proposal, the intensity of u.~ will not significantly increase. NYSDEC maintains jurisdiction over any activity on site under Article 25 of the NYS Environmental Conservation Law (ECL), with implementing regulations of 6 NYCRR Part 661, Tidal Wetlands I and Use Regulations. AIthongh no vegetated tidal wetlands exist on site, the NYSDEC malntalnn jurisdiction within 300 feet of the waterway, where there is no bulkheading In addition, the Town Trustees maintain jurisdiction over activities wlth~n 75 fe..~t Of th~ waterway under Town Code. Therefore, any activities currently not permitted, would be subject to further review for potential impact on the primary site environmental resource -- the wetlands. The applicant proposes to leave a ma~mum 50 scenic easement along the northwest part of the site adjacent the dredged canal. This has numerous mitigative benefits_ Visual impact of current and future operations are lessened, as well as noise buffering, preservation of natural habitat, bank stabilization, and limitation on access to the dredged ,'anal. 5. The project wil/not set significant precedent because it is a unique scenario. The project site is adjacent to an existing marina in an MI zone, and therefore is less conducive for the low density residential development current allowed on the project site. The proposed action has limited potential for expansion due to geographic limitations uss~ciated with the adjacent waterways. Although the action was not recommended in recent master plan updates, the action appears consistent with Town comprehensive planning and would resolve a current dispasity with regard to R-80 zoning adjacent with MI usg, as well as cxi,~in~a nou-conforming uses in an R-80 zone. The action appears to be consistent with State Coastal Poli6es under the I ~a3 Waterfront Revitali?ation Program with regard to promoting public access and usc of the waterway. The project is for a change of zone, and further review under the PJannlnE Board Site Plan Review proc. ess will be necessary for an}' future action on the project site. Given propo~d mitigation, limitations on expansion, and the fact that the facility is currcn[ly in operation, the use appears to be compatible with areas adjacent the site. Ia addition, given the current us~ of thc proposed change of zone parcel, the limitations on anticipated usc, the regulations over future site altcra6on' and the seemic ca,meet, the proposed action is not expected to have a significant environment, al impact. For Further Information: Contact Person: (516) 765-1801 Ms. Judith T. Terry, Town Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Page 2 of 3 Strong's Marine, Mnttituck Negative Declaration Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Southold Town Trustees Southold Town Planning Board Southold Town Building Department Suffolk County Department of Health Services Suffolk County Department of Planning NYS Legislative Commission on waterResource Needs of Long Island Southold Town Clerk's Bulletin Board Applicant Page 3 of 3 'B 4-1 ~-2 (2,,871-- ?c 617.21 Appendix A State-Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEC Purpose: The full EAF is designed to help applicanr~ and agencies determine, in an orderly manner, whether a proje or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequer iy, there are aspec=~ of a project that are subjective or unmeasureab[e. It is also understood that those who determt significance may have little or no format know[edge of the environment or may be technically e;~pert in environmen; analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti the question of significance, The iull E,~,F is intended to provide a method whereby app[icant~ and agencies can be assured that the determinati, process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or attic Full EAF Components: The full EAF is comprised of three par~s: Part 1: Provides objective data and information about a given proiecc and i~ site. By identifying basic proje data, it assist~ a reviewer in the anaiys~s that takes place in Part~ 2 and .~. Part 2: Focuses on identifying the range of possible impact~ that may occur from a proiect or action. It provid guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentia[l large impact. The form also identifies whether an impact can be mitigated or reduced_ P~tt 3: If any impact in Part 2 is id;ntified as potential[y-large, then Par: ..t is used to eva[uate,~hether or not tr impact is actually important. DETERMINATION OF SIGNIFICANC£--Type '~ and Unlisted Actions Identi[y the Portions of EAF completed for this project: X Part 1 X Part 2 E]Part 3 Upon review of the information recorded on :his EAF (Part~ 1 and 2 and ] if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the Iead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which ~'ill 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 ha~;e been required, therefore a CONDITIONED. negative declaration will be prepared.' .. '.: [] C_ The proiect may result in one or more large and important impact~ that may have a significant impact on the environment, therefore a positive declaration will be ·prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency 'Pr,nc or Type Name of Responsible Officer in Lead,~gency Title of Respons~b.h~ Off. icer ~ S~gnacure of Preparer(If different from responsible o/ricer) Signature of Responsible Officer m Lead Agency Date PART 1--PROJECT INFORMA' Prepared by Project Sponsor NOTICE: Th~s document is designed to assist in determ~nmg whether the ac:ion proposed may have a s/gmfic3nt el: on the environment. Please complete the entire form. Par~ A through E. Answers to these questions ~vil[ be conside as part of the application for approval and may be subject to further verification and pub[;c review. Provide any addidc information you believe will be needed to complete Parts 2 and ]. It is expected that comp[e/ion of the fuji EAF will be dependent on information currently available and will not invc new studies, research or investi§ation. If information requiring such additional work is unavailab[e, so indicate and spec each instance. NAME OF ACTION ..... Strong's Marine, Inc. LOCATION OF ACTION (Include SJ. roet Addr~s~,.~.Municloallly~lnd,.Oounly) Right-of-way oft Wes~ b~oe otuamo Mineota Road, Matl~ituck NAME OF APPUCANTISPONSOR IBUSINESS TELEPHONE Jeffrey S~rong For S~rong's Marine, Inc. I ( ) 298-4770 ADDRES.S 1095 Westview Drive C~TY/PO SF'[~TE I zip COOE MattitucK I 11952 NAME OF OWN~Cl (It dltlaren~) I BUSINESS TELedyNE 4770 Strong's Marine, Inc. ( ) - - Camp Mineola Road Mattituck 11952 0ESCR[PTION OF ACTION Change of Zone of Parcel ~dent~fied as 1000-122-04-0~4.002 as shown on ~he attached map. dOZ' Please Complete Each Question--Indicate N_A_ if not applicable A. Site Description Physical settin~ of overall project, both developed and undeveloped areas. 1, Present land use: ['-]Urban I-]Industrial I-1Commercial ~Residentia[ (suburban) [2]Rural (non-fart i-IForest r"iAgricultu re ]~2)ther 2. Total acreage of project area: 8 . 4 acres. APPROXIMATE ACREAGE ' Meadow or Brushland (Non-agricultural] Forested Agricultural(Includes orchards cropland, pasture, etc.] Wetland (Freshwater or dd~,i as per Articles 24, 25 of ECL) Water Surface Area Unve§etated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (indicate type/ Storaqe Areas 3. What is predomin'ant soil type(s) on project site? F i 1 [ e d 1 a n d ( F d / a. Soil drainage: F-IWell drained % of iite I-iMcder~.teiy ,,,,ell drained ~Poorly drained 5 % of site MARINA and BOAT STORAGE 5.6 1.5 PRESENTLY AFTER COMPLETION 1 . 0 . acres 1 . 5 acres 95 % or site b, [f any agricultural land is involved, how many acres of soll are classified within soil group I through 4 of the NY Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes ~No a. What is depth to bedrock? (in feet) 2 i kpprox~matepercentageofprooosed project site with slopes: ~0-10% -,,~v ,_/ _104 ,, I~ proiec~ substantially conuguous ~o. or con[am z building, si~e, or dis[ricL listed on Registers o[ Historic P~aces~ ~Yes ~No 7. Is project substantially contiguous to a site listed on the Register o~ National Natural Landmarks~ ~Yes ;L Wh~t is the depth oi the water tab[e~ 6 (in ~eet) 4 Is ~te located over a primal, principal, or sole source aquifer? ~Yes ~No 10. Do hunting, fishing or shell fishing opportunities presendy exis~ in the project are~ ~Yes ~No I1. Does proiec~ site contain any ~pecies o~ plant or animal l[~e :hat is identified as threatened or endangerec According to Idend[y each species ]2. Are there Any unique or unusual land ~orms on the prgject s[te~ (i e.. cliffs, dunes, other geological formation Describe 13. Is the project site presently used by the communi~ or neighborhood as an open space or recreation area [~Yes I"~No [f yes, explain I.h DOeS the present site include scenic views known to be important to the community? I-lYes I~No a, Name o~ ~m and na~e o~ R~v~ ~o ~h~ch ~ ~ ~dbu~y 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name James Creek b. Size (In acres] 17 Is the site served by'~xisting p_ublic utilities? ~Yes I-1No a) If Yes, does sufficient capacity exist to allow connection? ~Yes []No b) If Yes, wi[[ improvements be necessary to allow connection? 18. Is the site located in an agricultural district cer~d~ied pursuant to Agriculture and Markets Law, .-Wtic!e 25-,A,*.. Section 303 and 3047 ~lYes IZ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL. and 6 NYCRR 6177 r~Yes nNo 20. Has the site ever been used for the disposal o~: solid or hazardous wastes? nYes ~No B. Project Description 1. Physical dimer~ions and scale of project (till in dimensions as appropriate) z. Total condg, uous acreage owned or controlled by proiect sponsor ' 8 . b. Project acreage to be developed: 0~_5 acres initially; Q. c. Project acreage to remain undeveloped0- ~,-t- 1. ~/wa~er, acres. d. Length of project, in miles: /~,/,'~' (If appropriate) e. Il~ the project is an expansion, indicate percent of expansion proposed --- f, Number of off-street parking spaces existing 96 ; proposed 122 g. Maximum vehicular trips, generated per hour same (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Inidally NgC~' Ultimately i. Dimensions (in ~eet] o~ largest proposed structure ~) height; 50 width; I. L~near feet o~ Frontage along a public thoroughfare proiect '.vdl occupy is~ acres ultimately. ona. omlmum length. 2. How much natural matenat (i.e., 3. Will disturbed areas be reclaimed? a. If yes, for who( [ntend. C purpose ~s the rite bern8 ret(aimed) b. Will topsoil be ~tockpi[ed ~or reclamauon? ~Yes c. Will upper ~ubsoil be stockpiled ~or reclamauon? ~Yes 4. How many acres o[ vegetation (trees, shrubs, ground covers) wdl be removed from site? Xhr~ acres. S. ',viii any mature fores[ [over 100 years oldl or other locally-important vegetation be removed by this pro]ec:~ months. (including demolition). month year, (including demolition). mon[h year. ~lYes ENo - after project is complete ImYes ~]No If yes, explain [~Yes ~]No 6. If single phase project: Anticipated period of construction --- 7. [f multi-phased: a. Total number of phases anticipated (number). b..Anticipated date of commencement phase 1 c. Approximate completion date pi: final phase d. ]s phase 1 functionally dependent on subsequent phases? 8. Will blasting occur durin~ construction? F-lYes [;qNo 9. Number of jobs generated: during construction N/A 10. Number of iobs eliminated by this project r~/A. 11. Will project require relocation of any proiec~ or facilities? 1'2. is surface liquid waste dlsposa[ involved? F-lYes (gNp a. If yes, indicate type pi: waste (sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? rmYes PqNo Type No chancje J.n exisT, lng condt~i 14. Wi[I surface area of an existing water body increase or decrease by proposal? ~lYe~ I'~No Explain 15. Is project or any portion of project located in a 100 year flood plain? ]6. Will the project generate solid waste? f~Yes r-lNo a. If yes, what is the amount per month . ] ~.ons b. If yes, will an existing solid waste facility be used? ~lYes riND c. If yes. §ire name m0wlq C0].].ecT. i0rl SJ."ge · location d. ,Will any wastes .at go into & sewage disposal system or into a sanitary landfill? e. If Yes, explain ~Yes I-]No Cutchogue []Yes ~qNo 17. Will the project involve ~he disposal of solid waste? a_ if yes, what is the anticipated rate of disposal? b. I~: yes, what is the anticipated site life~ 18. Will project use herbicides or pesticides? nYes ~lyes RgNa tons/month. years. ]9. Will project routinely produce odors (more than one hour per day)? f-lYes 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? I-lYes .~lNo If ~es , indicate type(s) ~No I"qyes ~No 22. If water supply is from wells, indicate pumping capacity '-~q~q~' gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. (No change) 24. Does proiec~ involve Local, State or Federal funding? f-lYes [X'INo If Yes, explain 4 25. Approvals Required: Submittal D~le CJi';. Town, Village Board [~Yes City. Town, Village Planning Board ~Yes City, Town Zoning Board EYes City. County Health Department [~Yes Other Local Agencies ~Yes Other Regional Agencies I-lYes State Agencies [~Yes Federal Agencies I~Yes CNo TC~ 8qar~ - charge '~ acre Planning F~ard - qit~ plsn ENo none required none m~Jir~ r-No T,mwn Trllqtemc-W~71 aqdq ~(No ~.'No ~No Acer.1 2 .c. 4 C. Zoning and Planning Information ]. Does proposed action involve a planning or zoning decJs~on~ '~Yes ~No If Yes, indicate decision required: ~]zoning amendment ~lzoning variance Imspecial use permit -' r-lsubdivision ~3site plan I-Inew/revision of master plan I-Iresource management plan F-Iother 2. What is the zoning cJassification(s)of the site? R-~ ~sidenttal 3. What is t. he maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? Marlne I 5 What is the maximum potenti/~J deveJc~pment of the ,i[e if developed as permitted by the proposed zoningf _ 6 Is ~he proposed ac:ion consistent with the recommended uses in adopted local [and use plans? ~Yes 7 What are the predominant land use(s} and zoning c[assificetions within a '4 nde radius of proposed ac:Jon~ Marine I and Residential Use 8 Is ~he proposed action compatible with adjoinin~,isurroundlng land uses within z ',/* mile~_) 9. If the proposed action is the subdivision of land. how many lots are proposed7 tq0fle ~'~.,~,,7'~ not applicable a. What is the minimum 1or size proposed? 10. Will proposed action require any authorization(s} [or the formation of sewer or water district~? I~Yes 11. Will the proposed action create a demand [or any community provided services (recreaQon. education, poilc fire protection}? I-lYes ~o "· a. If yes, is existing capacity sufficient to handle projected demand? [-]Yes [::3No n 0t a O P [ i c. 12. Will the proposed action result in the generation of traffic significantly above present levels? r-lYes ~'1,'-, · a. I[ yes, is the existing road network adequate to handle the additional traffic? f-lYes I~No . riot. D. Informational Details Attach any additio~a[ information as may be needed to clarify your project. If [here are or may be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. '' E. Verification I certify that the information provided above is true to ~he best of my knowledge. Strona's Marine, Inc. Date 4/ j' /95 App cant/Sponsor N/~me , Jeff~f.6Z'_ Sl:rong ~], If the action is in t}~e Coastal Are:], an(3 you are a slate agency, complete Ihe Coaslal Assessmenl Form before proceedir wilh Ihis assessment_ 5 Part 2--Pr"3JECT IMPACTS AND THEIR t°~GNITUDE Re~on~ibil.lty o( Lu,d General Inlorm~tio~ (Read Carefully) · In completin8 the form the reviewer should be 8uided by the question: Have my responses and ,4-.terminations basin re&~onable! The reviewer is not expected to be an expert envimemental ana[~t. · Identifyins that an impact will be Potentially large (column :~) does not mean that it is also necessarily Any large impact must be evaluated in PART 3 to determine siSnificance. Identilyin8 an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showin~ types of impact~ and wherever possible the threshold of magnitude that would t. ri~.~er a response in column 2. The examples arm ~enerally applicable throusho~t ~e State and for most situations. But, for any specific project or site other examl;~te~ an~o~ Io*~r thresholds may be appro~,date fo~ · Potential Large Impact re~pcmse, thus ~,qulrin8 evaluatk~ in Part 3. · The impacts of each i~'oiect, on each site, in each locality, will vary. Thermfo~'m, the examples am illustrath, e and have been offered as euidance. They do not constitute an exhausth'~ list ~ impect~ and thresholds to answ~ each que~..~n. · The number of examples per question do, es not indicate the importance of each qu. estic~. · in identifyinl~ impacl~, consider tong term, short term and cumlative eflec[~ In~tructlom (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Ye~ if there will be ant [mpa, t_ b. Maybe answers should be considered as Ye~ answers. c. If answerini Ye~ to a quest[on then check the appropriate b,ox (column 1 o.r 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example prov~ed, check column 2 If impact will occur but threshold is lower than example, check column 1. d. If r~viewer has doubt ab, out size of the impact then considei the impact as pote~lJ, ally larie and procee~ to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by chanle[s) in the proiect to a small [o accurate impact, also check the Y-., box in column 3. A No response indicate~ t~t such a ~:luction is not po~s~'ble. Thi~ . must be explained in Part 3. IMPACT ON LAND .... I. Will the proposed acLk:~ result [n · p/ny~cal cha,,~e tm I~ ~'o~ct sit~ ,,~O OYES Example~ that would apply to column 2 · A~y construction o~n slopes of 15% or greater, (15 foot rise p~ 100 foot o[ length), or where the ieneral slopes in the project area exce~:l 10%. · Construction on land where the depth to the water table is less than 3 fe~L · Construction of paved parking area for 1.O00 or more vehicles. · Construction on Sand where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or invol~e more than one phase or stase. · Excavation for maniai purposes that would remove more than 1,000 tons of natural material [i.e., rock or soil) pet year. · Construction or expansion o( a sanitary landfill. · Construction in a designated floodway. · Other impact~ 2. Will there be an effect t,. _.,y umque or unusual land.fo~ms found on the site? (i.e, cliffs, dunes, geolo~ical formations, etc~l~NO []YES · Specific land forms: 1 2 3 ,Sm~S to P~tentlal Can Impact Be Mode~te large Mitigated By ' ' Frr~m~t-' Impact Project Ch~n~e [] O OYes [:]No [] [] OY~ []No 0 [] []Yes ©No [:] [] OYes ON• [] [] OYes OHo [] [] []Yes []No ~ [] OYes F'l~o [] [] []Yes []lqc [] [] []OYes ON: 0 [] Oyes ON IMPACT ON WATER Will proposed action affect any w&tes body desiinated as protected~' (Under Articles 15, 24, 25 of t~e Environmental Conse~a~n Law, ECL) ,/~NO C]YES Fx&mple~ 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. · Ex'ten, ion of utility distrib~t~o~ facilitie~ through a pmtecte~l water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action a[fect any non-protected existir~r new body of water[' .,~O OYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body ol water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Otha~r impacts: 5 Will Proposed Action affect ludace or groundwater~_/ qu,~lity or quantity[' /I~NO nyES that would apply t~ colum~ 2 · Proposed Action will require a disch.ar~e permit. · Proposed Action requires use of a source of water that does rot have approval to serve proposecLLoroject) action. · Proposed Action requires water supply from wells with greater than 45 8allo~s per minute pumping ~.apacity. · Co~st. ructio.n o~ operation causing a~, contamination of a water supl~ly system. · Propos~d Action will adversely affect groundwater. · Liquid effluent will be conveye~ off the site to facilities which pre,early do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20.000 gallons per day. · Proposed Action will likel" ~.a,_,~e silLadon or other discharge into an existing body of water ~, the ~,:~'nt t.h~t there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage o[ 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 drainage IIow or parte,~l,, or surface '-_-- water runoff[' .~LN O ayES EJzmple~ lhaL would apply to column 2 · Prop,,.,:,ed Action wo.uld cK.amae Ilo,od w,aLer IIc:,ws 2 3 Small to Potential Can Impact Be Moderale large Mltlg&t~ By Impact Impact Project C~ange 0 [] OYes I-]No O [] OYes nNo [] [] OYes [:}No [] O OYes []~o [] [] OYes ON• [] [] OYes ON• O [] OYes ON• [] 0 i')Yes •No [] [] I-lYes i--IN• [] [] OYes •No [] [] OYe~ ONo [] [] O~es []No [] [] OYes E]No [] [] OYes [:)No [] [] OYes [:]No [] [] ?lYes [] [] [)Yes []Nc · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existini drainale patterns. · Proposed Action will allow development in a designated floodway;. · - Other impacu: IMPACT ON AIR 7. Will proposed action affect air quality? '~O I-lyES Ezample~ that would apply to column 2 / - · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contamlnan~ will exceed 5 lbs, per hour or a heat source producing more than 10 million BTU's per hour_ · Proposed action will aUow an increase in the amount ol land committed to industrial use. · Proposed action will allow an increase in the density of industrial d~velopment within existing industrial areas. · ~r impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any th~atened or enda~ge, red species/ /,~0 nYES E~ample~ tJ~at Would apply to column 2 ' · Reducticm of one or more specie~ listed on the New Yo~ o~ Federal list, using the site. over or near site or found on th~ site. · Removal of any portion of a critical or significant wildlife habit, at. · Application of pesticide or herbicide more than twice a year. other than for agricultural purposes_ · Other impact~: 9 Will Proposed Action substantially aHect nor,-threate~ne~l or non-endangered species~ /~O DYES Ezample~ that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish. shellfish or wildlife species. · Proposed Action requires the removal of more tha~ 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land r ~eL~/urces? Ezample~ that would apply to column 2 ria~d/X.~,O DYES · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orcl~ard, etc.) 8 1 2 Small to Polantlal Can Impact Be Moderate Large Mitigated By Implct Impact Project Change 0 D OYes D D []Yes []No [] [] []Yes [] [] []yes [] [] Oyes •No C3 [] I-lYes []No [] [] OYes []No [] [] []Yes nNo [] [] DYes •No [] [] OYes []NO 0 [] ny~s '•No [] [] DYes [:)No 0 [-1 DYes •No [] [] OYes •No [] [] []Yes ON• [] [] i-lYes •No [] [] OYes · Co~struction activity would excavate or compact the ~oil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if Io~:ated in an Agricultural DistricL more . than 2.5 acres of agricultural land. · The pn:q;x:~,d aclJo~ would di~upt o~ prevent inst. allaticm of agricuPmral land management systems (e.g., subsurface drain lines, outlet ditche~, strip cropping; o~ create a ne~d for such measure~ (e.g. cause a farm field to drain poorly due to increasad runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section Appendix B ) Example~ that would apply to column 2 · Propo~ed land uses, or project component~ obviously different from o.r in sharp contrast to current surrounding land usa patterns, wheb~r man-made or natural. · Proposed land usas. or project componem~ v'hible-to u~'~ of aesthetic resource~ which will eliminate or signH'icantly reduce Lheir . enjoyment of the aesthetic qualities of that re-source. Project comPonent~ that will result in the elimination or sling[leant ~:reening of scenic views kr~wn to be important to the area. · Other impacu: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. will Proposed Action impact any site or structure ~JT~storic, pre- historic or paleontological importance? ~O ["lyES Eaample~ that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Re~ister of historic places. · Any impact to an archaeological site or fossil bed ideated within Lhe project site. · Proposed Action will occur in an area designated as sensit~'e [or archaeological sites on the NYS Site Inventory. · Other impact~:. IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action aUect the quantity or quality of existing or future open spaces or recreational opportunities? X~' _ Example'~ that would apply to column 2 ~O OYES .)The permanent Ioreclosure of a future recreational~ppo'rtunity. '"'~ A major reduction o[ an c:~en space imporbant to ~ corru'nunity. · Other impact~: - 9 ', 2 3 Small to Potential Can Impact Be Mo(lerata Larga Mitigated By Impact Impact Project Change [] [] OYes []N. 0 [] []]Yes I--IN• [] [] i-lYes •No [] [] OYes •No [] [] OYes ONO [] [] []Yes •No [] [] OYes [] [] OYes •No [] [] OYes •No [] [] I'-Iyes I-1No IMPACT ON TRANSPORTATION 14. Will there be an effect to existin! transportation OYES Ex',mpl~ that would apply to column 2 · Alteration of present patterns of movement of ~eople andJor goods. · Proposed Action will result in major traffic problems. · Other impact, s: IMPACT ON ENEROY 15. Will proposed action affect the community's sources of fuel or supplyi' ~"N 0 OYES energy Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an enerGY transmission or supply system to serve more than .50 single or two family residem:es or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACT8 16. Will there be ohjecLicnable odor~, noise, or vibra i~ as a result E~mpl~ that would apply ~ column 2 · Blas~in~ within ~,~ f~t of a ~spi~l, sch~l or o~her sensitive facilJ~. · O~ will ~cur routi~ly (~ ~an ~ ~ur ~r day~ ambien~ noi~ ~vei~ for ~i~ ~e of stm~u~. · Pro~ A~ion will ~move natural barriers ~at would act as a · Ot~r impact: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safe~,~,,uO OYES Examples that would apply to column 2 · Proposed Action may cause a risk ol explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in th~ event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may resul! 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 gallons of liquified natural Gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,0~ feet of a site used for the disposal of solid or hazan:~o~s · Other impact~: I 2 .Small to PotentialI Can Impacl Moderate Large Mitigated By Impacl Impact ProJe¢l C~ang, O O OYes DNe O .. [] []Yes DNo O [] DYes I-] [] OYes E]Nc [] [] []Yes 1-1 [] []Yes [] [] OYes .D O DYes [] i'-I []Yes ~Nc [] [] OYes ON [] [] OYes [] [] OYes IMPACT OH GROWTH AND CHARACTER OF COMMUNrTY OR NEIGHBORHOOD 18. Will proposed action affect the character of the exist'nln~_l,/:ommunityi' /~0 FIYE$ E,amples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · · The municipal budaet for capital expenditures o~ operating services will Increase by more than 5% per year as a result of this project· · Propo~,,d acticm will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. soho>giB, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment· · Other impacts: 1 2 3 Sm&Il lo Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change I-I 0 nyes []No O [] []Yes OEo [-I [] OYes [:]No [] O []Yes ring [] [] ['-]Yes [~No [] [] OYes ©~o [] [] OYes E3~o [] [] []Yes []~o n 0 OYes []~o 19, is tl'~re, or is there likely to be, public contr&vffC.~y related to potential adveme environmental impactsi' ,/~NO nyEs If Any Action In Part 2 la Identified aB a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility gl Lead Alerm'y Part 3 must be prepared il ore or more impact(s) is cor, s~deed to be polenlially larle, even if the impact(s] may be mitigated. Instructions Discuss the (ollowing for each impact identified in Column 2 of Part 2: 'I. Briefly describe the impacL 2. Describe (il' applicable) ~ the impact could be mitigated or reduced to a small to moderate impact by project change(s) 3. Based on the information available, decide if it is reasonable to conclude that I.Ns impact is important. To answer the question of importance, consider: · The probability o! the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its Dotential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) AMENDMENT Io CODE AND ZONING MAP STATE OF NEW YOR¥-' SS: COUNTY OF SUFFOLK ) ~of Multltuck, In said County, belng duly sworn, a.ayz that he/she la Prlnclpul Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Maltituck, In the Town of Southold, County of Suffolk and Slate of New York, and that the Notice of which the annexed IS a printed copy, haz been regularly published in said Newspaper once each week for,ni~,[~ weeks ~ucceaslvely, commell, cln_g on the ~ day of kinKY DIANA FOSTER Principal Clerk NgI'ARY PUBLIC, SI'AI~ OF N~ YORK NO. 52-4655242, SUrTOLK COUN1Y COMMISSION EXPIRES AUGUST 31, 19 ~ ~' Notary Public Sworn lo before me this ~)' ~ day of 19 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 21stday of Jnnmmarv 1996, 5he 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 Count,/, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, ,'.,lair. Road, Southold, New York 11971. Legal Notice, Notice of Amendment to Southold Town Code and Zoning Map, Amendment No. 139, Strong's Marine, Inc. Sworn to before me this 21st clay of January JOYCE M. WILKINS Notary Public, State of New Yo~ No. 49S2246, Suffolk County Term Expires June 12, la°Z? 1996. Judith T. Terry dY Southold Town Clerk LEGAL NOTICE NOTICE OF AMENDMENT TO SOUTHOLD TOWN CODE AND ZONING MAP AMENDMENT NO. 139 NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold, Suffolk County, New York, held on the 25th day of July, 1995, 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. 139 amends the Code of the Town of Southold by changing from Low Density Residential (R-80) District to Marine (M-I) District the property of Strong's Marine, Inc., situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at the northeasterly corner of the parcel about to be described, which corner is located the following six (6) courses and distances from a point on the easterly side of Olejulane, which point is 154.97 feet southerly from the intersection of the southerly side of Kraus Road and the easterly side of Olejulane: (1) South 00 degrees 39 minutes 10 seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West, 174.33 feet; (3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (4) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 4~ degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from the true point or place of BEGINNING, South 35 degrees 19 minutes 00 seconds West, 302.73 feet; thence South 18 degrees 48 minutes 20 seconds East 106.14 feet; thence South 71 degrees 11 minutes 40 seconds West, 380 feet, more or less, to the ordinary high water mark of James Creek; thence along the ordinary high water mark of James Creek, and a dredged canal, a distance of 850 feet to a point and lands now or formerly of E.E. Wilsberg; thence South 30 degrees 29 to the point of BEGINNING. Dated: January 19, 1996. minutes 40 seconds East, 85 feet, more or less JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 25, 1996, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Planning Board Building Department Board of Appeals Charles R. Cuddy, Esq., for Strong's Marine, Inc. Roderick Van Tuyl PC Town Clerk's Bulletin Board January 17, 1996 Mrs. Judith Terry Southold Town Clerk Town Hall Main Road Southold, NY 11971 Re: Strong's Marine, Inc. RECEIVED JAN 1 9 19Y6 Southold Town ~ Dear Mrs. Terry: Enclosed is a certified copy of the Declaration by Strong's Marine, Inc. made pursuant to the change of zone approval granted by the Town Board. The Declaration was recorded with the Suffolk County Clerk on January 16, 1996, at Liber 11758, Page 219. Please publish the change of zone notice indicating that the change of zone to Marine I is now in effect. Thank you for your continuing assistance and courtesy. Very truly yours, Charles R. Cuddy;' / CRC/pc Enc. cc: Laury Dowd, Tow~ Attorney SUFFOLK COUNTY CLERK 11758 219 BOXES 5 THR~..~UST BE TYPED OR PRINTED IN BLACK INK ONLY PRioR TO RECORDING OR FILIN¢ II Number of pages TQRRENS Serial # Cerlificalc Prior Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 [ FEES Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Reg. Copy Date Sub Total . 5 O0 Real Pre ~erty Tax Service Agency Verification Dist Section Block Lot Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spcc./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO ff NO, see appropriate tax clause on page #_ of this instrument. Title Company Information Company Name Title Number I FEE PAID BY: '7 Cash Check X' Charge OR: Payer same as R & R RECORD & RETURN TO (ADDRESS~ "I Suffolk County Recording & Endorsement Page This page forms part of the attached 5"-/~,'~ '~/~/~,~'~ TO ~'Dec k. ?-~q-~'~ ,~.' (Deed, Mortgage, etc.) made by: The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ~. t',e tOWN or In the VILLAGE or HAMLET of THIS STRONG'S MARINE, Mattituck, New DECLARA/~T: real DECLARATION DECLARATION, made this ~ day of danuary, 1996, by INC. with an address at (No #) Camp Mineola Road, York 11952, hereinafter referred to as the W I T N E S S E T H : WHEREAS, the Declarant is the o~rner in fee simple of certain property situate near James Creek in Mattituck, Town of Southold, County of Suffolk, State of New York, which real property is known and designated on the Suffolk County Tax Map as District 1000, Section 122.000, Block 04.00, Lot 044.002; and WHEREAS, the Declarant desires to maintain the real property described on the annexed Schedule A, in its natural state and undisturbed; and WHEREAS, the Declarant has made an application for and has received approval from the Town of Southold for a change of zone; and WHEREAS, the Declarant in connection with the marine zoning of said real property believes that it is in the best interests of the Declarant, the Town of Southold, and the surrounding community that the within described area remain in its natural state; and WHEREAS, the Declarant for the purpose of carrying out the 1 intents above-expressed does hereby make known, admit, publish, covenant, and agree that the said premises herein described shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: NOW, THEREFORE, in consideration of One ($1.00) Dollar and other good and valuable consideration to the Declarant, receipt of which is hereby acknowledged, this agreement witnesseth that: 1. No boat rack shall be located within 100 feet of the northerly tie line (along the dredged canal) of the parcel as shown on the "Survey for Zoning Change Strong's Marina at Mattituck" made by Peconic Surveyors, P.C. under date of March 1, 1995. Z. There shall be no dockage north of the northerly tie line of the property (along the dredged canal), however, this shall not prevent dockage within the basin south of that line. 3. At the two M-I Zoned parcels owned by Strong's Marine, Inc. (Suffolk County Tax Map District 1000, Section 122.000, Block 04.00, Lot 044.002), there shall be no structure or rack or any boat or equipment stored on a rack which would exceed 28 feet in height. 4. There shall be a 50-foot scenic easement as shown on the "Survey for Zoning Change Strong's Marina at Mattituck" made by Peconic Surveyors, P.C. under date of March 1, 1995. 5. The Declarant does hereby restrict and limit the use the parcel designated as a scenic easement as follows: of (a) The area described as scenic easement shall remain open, undisturbed and in its natural state. (b) No trees or shrubs shall be destroyed, cut, or removed from the area, except as required for reasons of irrigation, water and drainage control, or sanitation or disease control. (c) The easement area shall not be filled with soil, sand, brush or other debris. (d) The easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southold Town Board of Trustees and the New York State Department of Environmental Conservation. (e) Any man-made disturbance to the land within the easement shall be redressed by the restoration of said land to its prior state within sixty (60) days of the disturbance or of the date the disturbance was reported to either the Planning Board or the Bay Constable. (f) No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be 3 interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. 6. The area described as scenic easement shall not be open to the public but shall remain in its natural state and shall be maintained in that fashion by Declarant· 7. The within Declaration may not be annulled, waived, changed, or modified, without the consent of the Southold Town Planning Board, or its successors. IN WITNESS WHEREOF, the Declarant above-named has executed the foregoing Declaration the day and year first above written. STRONG'S MARINE, INC. ( Jef~str°~ COUNTY OF SUFFOLK) STATE OF NEW YORK) on this of January, 1996~ before me personally came JEFFERY STRONG to me know, who, being by me duly sworn, did depose and say that he is PRESIDENT of STRONG'S MARINE, INC. with an office at 1095 Westview Drive, Mattituck, New York, the corporation described in and which executed the foregoing instrument; ~ i~e%x-u~e~t i~ such ~rp~rate--~a-1; t~:t it ~a= uc ~ffi~_~ b~ crier 4 '-uctcr~ s~-~rPcr~-!e"; and that he ~igned ~4~ ~.m~ ~eto bV like order. STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERT,FY ~)T, .AVE COMPARED.~ THE ANNEXED COPY 0%/~ _?~ DEED EIDER //~ AT PAGE ~. RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID CLERK 5 Description of Easement 1: (East of Inlet) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, To~n of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of lands now or formerly of Zebroski said point and place of beginning being the following 8 courses and distances from a point on the westerly side of a Private Road know~ as Camp Mineola Road, which point in turn is located 387.60 feet southerly from the southerly side of Kraus Road: South 75 degrees 25 minutes 00 seconds West 200.00 feet; 3. 4. 5. 6. 7. 8. South 14 degrees 35 minutes South 75 degrees 25 minutes North 14 degrees 35 minutes 00 seconds East 00 seconds West 00 seconds East South 57 degrees 21 minutes 20 seconds West South 44 degrees 10 minutes 10 seconds West South 35 degrees 19 minutes 00 seconds West North 30 degrees 29 minutes 40 seconds West 320.00 feet; 201.52 feet; 154.72 feet; 20.51 feet; 160.96 feet; 95.30 feet; 29.99 feet; true RUNNING THENCE from said/point and place of beginning North 53 degrees 00 minutes 00 seconds West a distance of 344.00 feet to a point and the edge of a dredged canal; THENCE RUNNING North 59 degrees 27 minutes 00 seconds West 34.31 feet; THENCE RUNNING along a tie line North 45 degrees 25 minutes 10 seconds East, 138.65 feet; Zn~Nk;L St. aJ.l aJo~lg a tic l. il~c and the southerly edge o£ a dredged canal NoFth 55 deg£ees 37 minutes 00 seconds East a distance of 224.43 feet to a point and lands now ~r formerly of zebroskJ; THENCE along lands ~ow or formerly of Zebroski South 30 degree~ 29 minutes 40 seconds East a distance of 40.01 feet to the point and place of BEGINNING. Page 2 of Easement Description of Easement 2: (West of Inlet) ALL that certain plot, piece Or parcel of land, with the buildings and improvements thereon erected, situate, lying and bein§ at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the a tie line on the southerly side of a dredged canal said point and place of beginning bein~ the following 11 courses and distances from a point on the westerly side of a Private Road known as Camp Mineola Road, which point in turn is located 387.60 feet southerly from the southerly side of Kraus Road: South 75 degrees 25 minutes O0 seconds West 2 South 14 degrees 35 minutes O0 seconds East 3 South 75 degrees 25 minutes O0 seconds West 4 North 14 degrees 35 minutes 00 seconds East South 57 degrees 21 minutes 20 seconds West 6 South 44 degrees 10 minutes 10 seconds West 7 South 35 degrees 19 minutes O0 seconds West 8 North 30 degrees 29 minutes 40 seconds West, 9 South 55 degrees 37 minutes O0 seconds West, 10. South 45 de~rees 25 minutes 10 seconds West, 11. South 68 degrees 49 minutes 20 seconds West, 200.00 feet; 320.00 feet; 201.52 feet; 154.72 feet; 20.51 feet; 160.96 feet; 95.30 feet; 70,00 feet; 224.43 feet; 138.65 feet; 70.58 feet; THENCE North 60 degrees 44 minutes 30 seconds West a distance of 263.00 feet to a point and the southerly edge of a dredged canal; true RUNNING THENCE from said/point and place of beginning South 59 degrees 03 minutes 30 seconds East a distance of 49.g5 feet to a point; TIIENCE along a tie line and the southerly edge of a dredged canal North 25 degrees 56 minutes 20 seconds East a distance of 33.00 feet to a THENCE North 48 degrees 59 minutes 20 seconds East a distance of ~58.q7 feet to a point; TI{ENCE still along a tie ]Jne and the southerly edge ui a dredged canal North 68 degrees 49 minutes 20 seconds East a distance of 56,00 feet to the poSnt amd piece of BEGINNING, Page 2 of Easement 2 LAURY L. DOWD Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Jean~ W. Cochran oupcrvisor Town Hall. 53095 Main Road P.O. Box I [79 Southold, New York 11971 Telephone {516) 765-1889 Fax (5161 765-1823 January 5, 1996 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Strong's Marine Dear Mr. Cuddy: Thank you for correcting the description for the easement for Strong's Marine to include the extra course. However, the description begins on Camp Mineola Road, so that the final reference to an end at the point of beginning does not return to Camp Mineola Road_ Perhaps it would be better to characterize the beginning at the point where you begin the first "Running Thence" paragraph- As for the terms of the C~,R's themselves, the Town Board has asked me to remind Mr. Strong that Paragraph three places an overall 28 foot limit on the height of the boat rack, including any boats or equipment placed on the boat rack_ The 28 foot limitation equally applies to any antennas or projecting devices on items stored on the rack. I think that is what the language in that paragraph provides, but I would appreciate it if you would be sure that Mr. Strong agrees and intends to comply with this understanding. With the understanding that the above-described matters can be easily addressed, I suggest you record the CF, Rs and provide the Town Clerk with a certified, recorded copy so that the rezoning can become effective. Thank you for your attention to this matter. V~_~ry truly yours, Laury L_ Do-~d Town A~l~or n~y Town Clerk G~s IR. G~TDD¥ December 26, 1995 Laury Dowd, Esq. Southold Town Attorney 53095 Main Road P.O. Bo~ 1179 Southold, NY 11971 RECEIVED I~EC 2 6 1995 Re: Strong's Marine Dear Ms. Dowd: S~:mlhold Tow. Clerk Enclosed please find a corrected description for that part of the easement east of the inlet. At the bottom of the first page the next to last course, for a line running along the east side of the inlet, has been inserted. If agreeable, I will have the Declaration recorded and return a recorded copy to you. Very truly yours, CRC/pc Enc. cc: Town Clerk Planning Board Charles R. Cuddy GI-I.-~tLE$ 1:~.. GIJ'DDY December ~5, 1995 Laury Dowd, Town Attorney Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 RECEIVED DEC: 1 9 199,5 Cl 'k Re: Strong's Marine, Inc. Dear Ms. Dowd: I am enclosing a copy of the covenants for the Strong's Marine, Inc. to which is annexed the description of the easement parcel. We had previously submitted it and you had approved the form of the covenants. As indicated to you a week ago, the description was just prepared following receipt of the map showing the metes and bounds for the easement area. Enclosed is a copy of the map for your use. Would you please confirm the description is acceptable and I will then have the covenants recorded and forward a copy of the recorded covenants to you. Very truly yours, Charles R. Cuddy Enclosures cc: Judith I. lerry, Planning Board Town Clerk DECLARATION THIS DECLARATION, STRONG'S MARINE, Mattituck, New DECLARANT: WHEREAS, real property made this day of September, 1995, by INC. with an address at (No #) Camp Mineola Road, York 11952, hereinafter referred to as the W I T NE S S E T H : the Declarant is the owner in fee simple of certain situate near James Creek in Mattituck, Town of Southold, County of Suffolk, State of New York, which real property is known and designated on the Suffolk County Tax Map as District 1000, Section 122.000, Block 04.00, Lot 044.002; and WHEREAS, the Declarant desires to maintain the real property described on the annexed Schedule A, in its natural state and undisturbed; and W~EREAS, the Declarant has made an application for and has received approval from the Town of Southold for a change of zone; and WHEREAS, the Declarant in connection with the marine zoning of said real property believes that it is in the best interests of the Declarant, the Town of southold, and the surrounding community that the within described area remain in its natural WHEREAS, the Declarant for the purpose of 1 state; and carrying out the intents above-expressed does hereby make known, admit, publish, covenant, and agree that the said premises herein described shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: NOW, THEREFORE, in consideration of One ($1.00) Dollar and other good and valuable consideration to the Declarant, receipt of which is hereby acknowledged, this agreement witnesseth that: 1. No boat rack shall be located within 100 feet of the northerly tie line (along the dredged canal) of the parcel as shown on the "Survey for Zoning Change Strong's Marina at Mattituck" made by Peconic Surveyors, P.C. under date of March 1, 1995. 2. There shall be no dockage north of the northerly tie line of the property (along the dredged canal), however, this shall not prevent dockage within the basin south of that line. 3. At the two M-I Zoned parcels owned by Strong's Marine, Inn. (Suffolk County Tax Map District 1000, Section 122.000, Block 04.00, Lot 044.002), there shall be no structure or rack or any boat or height. 4. "Survey equipment stored on a rack which would exceed aS feet in There shall be a 50-foot scenic easement as shown on the for zoning Change Strong's Marina at Mattituck" made by Pe¢o~io Surveyors, P.C. under date of March 1, 1995. 5. The Declarant does hereby restrict and limit the use the ~arcel designated as a scenic easement as follows: of (a) The area described as scenic easement shall remain open, undisturbed and in its natural state. (b) No trees or shrubs shall be destroyed, cut, removed from the area, except as required for reasons irrigation, water and drainage control, or control. (¢) The easement area shall not be filled with soil, sand, brush or other debris. (d) The easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southold Tow~ Board of Trustees and the New York State Department of Environmental Conservation. (e) Any man-made disturbance to the land within the easement shall be redressed by the restoration of said land to its prior state within sixty (60) days of the disturbance or of the date the disturbance was reported to either the Planning Board or the Bay Constable. (f) No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be or of sanitation or disease 3 interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. 6. The area described as scenic easement shall not be open to the public but shall remain in its natural state and shall be maintained in that fashion by Declarant. ?. The within Declaration may not be annulled, waived, changed, or modified, without the consent of the Southold Tow~ Planning Board, or its successors. IN WITNESS WHEREOF, the Declarant above-named has executed the foregoing Declaration the day and year first above written. STRONG'S MARINE, INC. (Jeffery Strong) COUNTY OF SUFFOLK) STATE OF ~uw YORK) On this day of September, 1995, before me personally came JEFFERY STRONG to me know, who, being by me duly sworn, did depose and say that he is PRESIDENT of STRONG'S ~INE, INC. with an office at 1095 Westview Drive, Mattituck, New York, the corporation described in'.and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order 4 of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public Description of Easement 1: (East of Inlet) ALL that cmrtain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being more psrticularly bounded and described as follows: BEGINNING at a point on the westerly line of lands now or formerly of Zebroski said point and place of beginning being the following 8 courses and distances from a point on the westerly side of a Private Road known as Camp Mineola Road, which point in turn is located 387.60 feet southerly from the southerly side of Kraus Road: 1. South 75 degrees 2. South 14 degrees 3, South 75 degrees 4. North 14 degrees 5. South 57 degrees 6. South 44 degrees 7. South 35 degrees 8. North 30 degrees 29 25 minutes O0 seconds 35 minutes 00 25 minutes 00 35 minutes 00 seconds East, seconds West seconds East 21 minutes 20 seconds West 10 minutes 10 seconds West 19 minutes 00 seconds West minutes 40 seconds West 200,00 feet; 320.00 feet; 201.52 feet; 154,72 feet; 20.51 feet; 160.96 feet; 95.30 feet; 29.99 feet; RUNNING THENCE from said point and place of beginning North 53 degrees OO minutes 00 seconds West a distance of 344.00 feet to s point and the edge of a dredged canal; THENCE RUNNING North 45'degrees 25 minutes 10 seconds East, 138.65 feet; in~;~ stall along a tie l~ne and the southerly edge of a dredgad canal North 55 degrees 37 m'inutes 0O secoods East a distance of 224.43 fef, t to a poinl and lands now or formerly of Zebroski; THENCE along lands now or formerly of Zebroski South 30 degrees 29 minutes 40 seconds East a distance of 40.01 feet to the point and place of BEC, INNING, Page 2 of Easement 1 Description of Easement 2: (West of Inlet) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the a tie line on the southerly side of a dredged canal said point and place of beginning being the following ~1 courses and distances from a point on the westerly side of a Private Road known as Camp Mineola Road, which point in turn is located 387.60 feet southerly from the southerly side of Kraus Road: 1, South 75 degrees 25 minutes 00 seconds West 200.00 feet; 2. South 14 3. South 75 4. North 14 5. South 57 6. South 44 7. South 35 degrees 35 minutes 00 seconds East degrees 25 minutes O0 seconds West degrees 35 minutes 00 seconds East degrees 21 minutes 20 seconds West degrees 10 minutes lO seconds West degrees 19 minutes O0 seconds West 320.00 feet; 201.52 feet; 154.72 feet; 20.51 feet; 160.96 feet; 95.30 feet; 8. North 30 degrees 29 minutes 40 seconds West, 70.00 feet; 9. South 55 degrees 37 minutes 00 seconds West, 22&.43 feet; 10. South 45 degrees 25 minutes 10 seconds West, 138.65 feet; 11. South 68 degrees 49 minutes 20 seconds West, 70.58 feet; RUNNING THENCE from said point and place of beginning South 59 degrees 03 minutes 30 seconds East a distance of 49.~5 feet to a point; THENCE North 60 degrees 44 minutes 30 seconds West a distance of 263.00 feet to a point and the southerly edge of a dredged canal; THENCE along a tie line and the southerly adga of a dredged canal North 25 degrees 56 minute~ 20 seconds East a distance of 33.00 feat to a point; THENCE North 48 degrees 59 minute~ 20 seconds East a distance of 158.97 feet to a point; THENCE still along a tie ]~ne and the southerly edge u£ a dredged canal North 68 degrees 49 minutes 20 seconds East a distance of 56.00 feet to the point amd piece of BEGINNING. Page 2 of Easement 2 LAURY L. DOWD Town Attorney OFFICE OF THE TOwN ATTORNEY TOWN OF SOUTHOLD THOMAS H. WICKHAM Supervisor Town Hall. 53095 Main Rood P.O. Box 1179 Southold. New York 1197l Telephone (5161 765-1889 Fax (516) 765-1823 Charles Cuddy, Esq. 180 Old Country Road P.O Box I547 Riverhead, NY 11901 Re: Strong's Marine Rezoning September 28, 1995 Dear Mr. Cuddy: I have rev/ewed the proposed Declaration of Covenants and Resmctjons for Strong's Mm'me. l am in accord with the document as drafted, but I would like the March 1, 1995 survey of Peconic Surveyors to be attached as an exhibk This will clearly advise future owners or interested persons of the exact easement line. Thank you for your attention to this matter Very truly yours, September 19, 1995 Laury Dowd,'.Esq. Southold Town Attorney 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Strong's Marine Rezoning Dear Ms. Dowd: Enclosed is a proposed Declaration of Covenants and Restrictions submitted in connection with the zone change for the Strong's Marine, Inc. premises at Mattituck. I believe the Declaration is in accordance with the Resolution of the Town Board adopted on September 5, 1995, and also is substantially in accordance with your letter of August 31st. Please review the Declaration and advise if it meets with your approval. For your further information I expect to have the description of the parcel completed shortly. We are awaiting a modification of the site plan which will provide a more accurate starting point for the description. Very truly yours, Charles R. Cudd~J CRC/pc Eric. DECLARATION THIS DECLARATION, made this day of September, 1995, by STRONG'S MARINE, INC. with an address at (No #) Camp Mineola Road, Mattituck] New York DECLA~-NT: 11952, hereinafter referred to as the WI T NE S S E TH : WHEREAS, the Declarant real property situate near Southold, County of Suffolk, is the owner in fee simple of certain James Creek in Mattituck, Town of State of New York, which real property is known and designated on the Suffolk County Tax Map as District 1000, Section 122.000, Block 04.00, Lot 044.002; and WHEREAS, the Declarant desires to maintain the real property described on the annexed Schedule A, in its natural state and undisturbed; and WHEREAS, the Declarant has made an application for and has received approval from the Town of Southold for a change of zone; and WHEREAS, the Declarant in connection with the marine zoning of said real property believes that it is in the best interests of the Declarant, the Town of Southold, and the surrounding community that the within described area remain in its natural state; and WHEREAS, the Declarant for the purpose of carrying out the 1 intents above-expressed does hereby make known, admit, publish, covenant, and agree that the said premises herein described shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: NOW, THEREFORE, in consideration of One ($1.00) Dollar and other good and valuable consideration to the Declarant, receipt of which is hereby acknowledged, this agreement witnesseth that: 1. No boat rack shall be located within 100 feet of the northerly tie line (along the dredged canal) of the parcel as shown on the "Survey for Zoning Change Strong's Marina at Mattituck" made by Peconic Surveyors, P.C. under date of March 1, 1995. 2. There shall be no dockage north of the northerly tie line of the property (along the dredged canal), however, this shall not prevent dockage within the basin south of that line. 3. At the two M-I Zoned parcels ow-ned by Strong's Marine, Inc. (Suffolk county Tax Map District 1000, Section 122.000, Block 04.00, Lot 044.002), there shall be no structure or rack or any boat or equipment stored on a rac~ which would exceed 28 feet in height. 4. There shall be a scenic easement with a maximum of 50-feet as shown on the "Survey for Zoning Change Strong's Marina at Mattituck" made by Peconic Surveyors, P.C. under date of March 1, 5. The Declarant does hereby restrict and limit the use of the parcel designated as a scenic easement as follows: ~) The area described as scenic easement shall remain open, undisturbed and in its natural state. (b) No trees or shrubs shall be destroyed, cut, or removed from the area, except as required for reasons of irrigation, water and drainage control, or sanitation or disease control. (c) The easement area shall not be filled with soil, sand, brush or other debris. (d) The easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southold Town Board of Trustees and the New York State Department of Environmental Conservation. (e) Any man-made disturbance to the land within the easement shall be redressed by the restoration of said land to its prior state within sixty (60) days of the date the disturbance was reported to either the Bay Constable. (f) disturbance or of the the Planning Board or No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swinuning pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placemgnt of fences, retaining walls and bulkheads. 6. The area described as scenic easement shall not be open to the public but shall remain in its natural state and shall be maintained in that fashion by Declarant. 7. The within Declaration may not be annulled, waived, changed, or modified, without the consent of the Southold Town Planning Board, or its successors. IN WITNESS WHEREOF, the Declarant above-ha/ned has executed the foregoing Declaration the day and year first above written. STRONG'S M-%RINE, INC. By: (Jeffery Strong) COUNTY OF SUFFOLK) STATE OF NEW YORK) On this day of September, 1995, before me personally came JEFFERY STRONG to me know, who, being by me duly sworn, did depose and say that he is PRESIDENT of STRONG'S MARINE, INC. with an office at 1095 Westview Drive, Mattituck, New York, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said 4 instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public JUDITH T. TERRY TOWN CLERK REGISTILAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS I~L~NAGEMENT OFFICER FREI~DOM OF INFORMATION OFFICER Town Hall, 53095 Main l~ad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1523 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 7, 1995 Charles R. Cuddy, Esq. P.O. Box 1547 RJverhead, New York 11901 Dear Mr. Cuddy: Enclosed is the certified resolution of the Southold Town Board, adopted on September 5, 1995, amending the resolution granting a change of zone to Strong's Marine, Inc. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure September 1, 1995 VIA FACSIMILE ~(516) 765-1823 Supervisor Thomas Wickham and ToWn Board Members Southold Town Hall Main Road, P.O. Box 1179 Southold, NY 11971 Re: Strong's Marine - Change of Zone to Marine (M-l) District Dear Supervisor Wickham and Board Members: I have discussed today with Town Attorney Laury Dowd the written Resolution of the Town Board approving the change of zone which includes a provision referring to the 50' scenic easement as uniformly 50' throughout. I submit this is an oversigkt and a mistake which, in fairness to the applicant, should be corrected. The map or site plan filed with the petition clearly shows the area for the scenic easement parallel to the northerly property line. It i~ of varying widths and is a maximum of 50'. ~From the first submission of the application and approval by the Town Trustees in January 1995 through the adoption of the SEQRA negative declaration by the Town Board on June 27, 1995 the easement was referred to continuously as a maximum 50' scenic easement, Specifically the Town environmental consultant, Charles voorhees at page 2 of his report no=ed: "The site map included with the application indicates that a good por~ion of this area (maximum 50' wide) will be left to remain as a scenic easement." The Resolution adopting the negative declaration at finding number 4 states: Supervisor Thomas Wickham and Town Board Members September 1, 1~95 Page 2 "The applicant proposes to leave a maximum SO scenic easement along the northwest part of the site adjacent the dredged canal." The Planning Board in its Resolution of May 1, 1995 referred to the beginning and ending of the easement so that the line would be clearly defined -- with the clear implication that the easement was not 50' throughout. Specifically the Planning Board's Resolution stated: "The PB suggests that in accepting the offer of the scenic easement, that that the applicant be asked to show the metes and bounds of the east and west edges of this easement line. The intent of showing such a line is to prevent any disputes about the exact location of the line. The PB has discussed this with the applicant, who is willing to add that additional information to the property deed." The scenic easement has been shown on the map in the same manner as presently exists with it being a maximum of 50' and varying in width throughout. I submit that the Resolution of the To~'n Board should be revised to reflect the consistent understanding that it is varying in width by revising subparagraph "b" to read: b. That there shall be a 50-foot scenic easement as shown on the Survey For Zoning Change as submitted by Peconic Surveyors, PC under date of March 1, 1995." I would appreciate your confirmation that the modified. The applicant would be pleased to respond to any questions you may have. Resolution will be meet with you to CRC:ejc cc: Judit~ Terry, Town Cler~ Laury Dowd, Town Attorney Very truly yours, Charles R. Cuddy JUDITH T, TERRY TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS b,~dqAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 l~,[ain R~ad P.O. Ilex 1179 Sou~hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 AUGUST 22, 1995: WHEREAS, Strong's Marine, Inc_, by petition filed April 12, 1995, applied to [he Town Board of the Town of Southold for a change of zone on certain property located at the end of a rfght-of-way off Camp Mineola Road, and adjacent to James Creek, Mattituck, New York, (SCTM #1000-122-4-44.2), from Low Density Residential (R--80) District to Marine (M-1) Distr~ct; and WHEREAS, said petition was referred [o [he Southold Town Planning Board and the Suffolk County Department of Planning for official recommendations and reports; and WHEREAS, the Trustees and Planning Board have recommended the proposed rezoning and will he reviewing any development of [he property pursuant to site plan and wetland regulations: and WHEREAS, the subject property is adjacent [o an existing marina and [he Comprehensive Plan calls for efficient use of the limited areas available for marina uses; and WHEREAS, the subject property, together with [he existing marina, is located on a peninsula and are geographically separated from surrounding residential uses, which separation will be preserved by the following conditions: WHEREAS, a Negative Declaration was issued on June 22, 1995 which found that the proposed rezoning would not have a significant effect on the environment: and WHEREAS, [he Town Board, pursuant [o due no[ice, held a punljc hearing thereon on Ihe 25th day of July, 1995, at which time all interested persons were given an opportunity to be heard; now, Iherefore, De ~t RESOLVED that the proposed rezonlncj is found [o be conslstent,,w[h lhe Town's Comprehensive Plan; and De [t further RESOLVED that Strong's Marine, Inc. be and hereby is granted a change of zone from Low Density Residential (R-80) District to Marine (M-1) District on the following described property: Beginning at the northeasterly corner of the parcel about to be described, which corner is located the following six (6) courses and distances from a point on the easterly side of Olejulane, which point is 154.97 feet southerly from the point on the easterly side of Olejulane, which point is 154.97 feet southerly from the point on the easterly side of Olejulane, which point is 154.97 feet southerly from the intersection of [he southerly side of Kraus Road and the easterly side of Olejulane: (1) South 80 degrees 39 minutes 10 seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West, 174.33 feet; (3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (4) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44 degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from [he true point or place of beginning, So,uth 35 degrees 19 minutes 00 seconds West, 302.73 feet; thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence South 71 degrees 1.1 minutes 40 seconds West, 380 feet, more or less, to the ordinary high water mark of James Creek; thence along the ordinary high water mark of James Creek, and a dredged canaL, a distance of 850 feet to a point and lands now or formerly of E. E. Wilsberg; thence South 30 degrees 29 minutes 40 seconds East, 85 feet, more or less, to the point of beginning; all to be condi- tioned upon [he execution and recording of C&Rs by the property owner in a form acceptable to the Town Attorney and which make [he following covenants: a. That no boat rack be located within 100 feet of the northerly de line (along the dredged canal) of the parcel; and That there shall be a 50-foot scenic easement that shall be a uniform 50 feet wide south of the northerly tie line, running from the northeasterly property line to the intersection of tie line course North 24 degrees 26 minutes 0 seconds West with tie line course North 25 degrees 56 minutes 20 seconds East. Such easement shall guarantee that [he easement is kept in a natural state in a form approved by the Town Attorney; and c. That there shall be no dockage north of the northerly tie line of the property (along the dredged canal); and There shall be no structure or rack at the two M-1 zoned parcels owned by Strong's Marine, Inc. which would exceed 28 feet in height, and no noat placed on this rack may exceed 28 fee[ ~n height. Southold Town Clerk September 1, ]995 Albert $. Krups lent John Holzapfel, ~iCe ~e~.,ident Wi .a o. Martin} G~,Gnc~l 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telcphnne (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Judith T. Terry, Town Clerk FROM: .~lbert Krupski, Jr., President 8oard of Trustees RE: Strong's Marine, Inc. $CTM ~122-9-3 DATE: May 1, 1995 This is in response to your Lead Agency Coordination request of April 19, 1995. 1. The Southold Town Board of Trustees jurisdiction extends from wetland vegetation landward. 2. As we regulate the town waters and associated upland we are interested in this project, however because of the surrounding zoning and the existing use of the property the larger concerns here of long term land us~ are just as important as the environmental concerns. 3. If the upland is rezoned for Marine Use, than the environmental impacts will be small provided that the existing berm on the perimeter of the property is not disturbed. However, if marine and boat use structures are placed in the water adjacent to the new zoning proposal, then it would be a substantial expansion of the marina and would warrant an environmental impact statement. Thank you. J~rDITH T. TERRY TOWN CLERK REGISTP~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. 13~x 1179 Sou£hold. New York 11971 F~x (516) 765-1523 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 1, 1995 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Dear Mr. Cuddy: Enclosed is a certified resolution of the Southold Town Board granting a change of zone to Strong's Marine, Inc., subject to the execution of certain covenants and restrictions. Please be advised that this change of zone will not become effective until a copy of the recorded C&R's are filed with me. At that time I will publish the change of zone in accordance with the legal requirements and order the zoning map amended. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Town Attorney JUDITH T. TERRY TOWN CLERK RFJGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FRE EDOM OF INFORMATION OFFICER Town Hall, 53095 Main l%ad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 AUGUST 22. 1995: WHEREAS, Strong's Marine, Inc., by petition filed April 12, 1995, applied to the Town Board of the Town of Southold for a change of zone on certain property located at the end of a right-of-way off Camp Mineola Road, and adjacent to James Creek, Mattituck, New York, (SCTM #1000-122-4-44.2), from Low Density Residential (R-80) District to Marine (M-1) District; and WHEREAS, said petition was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendations and reports; and WHEREAS, the Trustees and Planning Board have recommended the proposed rezoning and will be reviewing any development of the property pursuant to site plan and wetland regulations: and WHEREAS, the subject property is adjacent to an existing marina and the Comprehensive Plan calls for efficient use of the limited areas available for marina uses; and WHEREAS, the subject property, together with the existing marina, is located on a peninsula and are geographically separated from surrounding residential uses, which separation will be preserved by the following conditions: WHEREAS, a Negative Declaration was issued on June 22, 1995 which found that the proposed rezoning would not have a significant effect on the environment: and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 25th day of July, 1995, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the proposed rezoning is found to be consistent with the Town's Comprehensive Plan; and be it further RESOLVED that Strong's Marine, Inc. be and hereby is granted a change of zone from Low Density Residential (R-80) District to Marine (M-l) District on the following described property: Beginning at the northeasterly corner of the parcel about to be described, which corner is located the following six (6) courses and distances from a point on the easterly side of oleJulane, which point is 154.97 feet southerly from the point on the easterly side of Olejulane, which point is 154.97 feet southerly from the point on the easterly side of Olejulane, which point is 154.97 feet southerly from the intersection of the southerly side of Kraus Road and the easterly side of OleJulane: (1) South 80 degrees 39 minutes 10 seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West, 174.33 feet; (3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (4) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44 degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from the true point or place of beginning, South 35 degrees 19 m~nutes 00 seconds West, 302.73 feet; thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence South 71 degrees 11 minutes 40 seconds West, 380 feet, more or less. to the ordinary high water mark of James Creek; thence along the ordinaw high water mark of James Creek, and a dredged canal, a distance of 850 feet to a point and lands now or formerly of E. E. Wilsberg; thence South 30 degrees 29 minutes 40 seconds East, 85 feet, more or less, to the point of beginning; all to be condi- tioned upon the execution and recording of C&Rs by the property owner in a form acceptable to the Town Attorney and which make the following covenants: a. That no boat rack be located within 100 feet of the northerly tie line (along the dredged canal) of the parcel; and b That there shall be a 50-foot scenic easement that shall be a uniform 50 feet wide south of the northerly tie line, running from the northeasterly property line to the intersection of tie line course North 24 degrees 26 minutes 0 seconds West with tie line course North 25 degrees 56 minutes 20 seconds East. Such easement shall guarantee that the easement is kept in a natural state in a form approved by the Town Attorney; and c. That there shall be no dockage north of the northerly tie line of the property (along the dredged canal); and There shall be no structure or rack at the two M-1 zoned parcels owned by Strong's Marine, Inc. which would exceed 28 feet in height, and no boat placed on this rack may exceed 28 feet in height. Southold Town Clerk September 1, 1995 LAURY L. DOWD To,wi Attorney THOMAS H. WICKHAM Superx~isor Town Hall, 53095 Main Road PO. Box 1179 Southold. New York t 1971. Telephone 1516) 765-1869 Fax (5161 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Charles Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Strong's Marine Rezoning August31, 1995 Dear Mr Cuddy: The Town Clerk is mailing out a copy of the resolution on Strong's Marine. It calls for certain easements to he filed in order for the zoning to become effective. As you know. the Planning Board will be reviewing the site plan aspects of the marina. The scenic easement will also be a part of their review. In order to minimize your work on the easements, I have asked the Planning Board to list the provisions they will be requiring for the scenic easement. You can, therefore, prepare one easement which will satisfy the needs of both boards, rather than executing multiple documents. [ suggest that the scenic easement include the following covenants: The easemem shall provide that the entire easement area shall remain in its natural state No trees or shrubs shall be destroyed, cut, or removed from the area, except as required for reasons of irrigation, water and draining control, or sanitation or disease control. The easement area shall not be filled with soil, sand, brush or other debris. Ire easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southold Town Board of Trustees, and the New York State Department of Environmental Conservation. Any disturbance to the land within the easement shall be redressed by the restoration of said land to its prior state within sixty (60) days of the disturbance or of the date the disturbance was reported to either the Planning Board of the Bay Constable. No structure or building shall be placed within the easement area. The terms -'structure" and "building" shall be interpreted as including swimming pools; Charles Cuddy, Esq. August 31, 1995 Page 2 patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals: the storage of boats, trailers, recreational vetucles; and the placement offences, retaining walls and bulkheads. Please contact the Planning Board if you have any questions, as I will be on vacation until September 18. CC] Town Clerk / Planning Board Very truly yours, Laury L.~9_D o ~ d Town Attorney 08/18/1995 ii~5~ 5i5298B905 NFEC PAGE Bi NORTH FORK 'NVlRONId 'NTAL COUNCIL Route 25 nc LC~/e Lane. Po Box ?~, Mat~]tuck, NY To: Southold Town Board From: David Goldman, President Re: SEQR Reviews Date: August 18, 1995 As you know, over the past few months questions have arisen over the Town Board's full compliance with the State Environmental Quality Review Act. Most r&;entiy, in relation to the Strong's Marina re~uest for a zone change, the Town Beam's SEQR review was found lacking by both the NFEC and Christopher Kelly ( a~t,',rney for Richard Burden). It has come to our attention that, by way of response, the Town Board will soon De meeting with its environmental consultants, Kramer & Vc,orhis, to discuss the adequacy of the Strong's Marina SEQR review_ The NFEC is sure the Town Board would agree that it is in everyone's be,~ .' interest that doubts concerning Southold's responsible compliance with SEQR be la~d to rest and not become a recurrent theme. To this end, we have attached a list of questions concerning the SEQR review of Strong's Marina that we ask fha Town Bo&rd to go over during its meeting with Kramer & Voorhis. Written responses to these ~uestions demonstrating Kramer & Voorhis' approach to the SEQR review, we hope. will keep Southold and the NFEC from having to spend additional time addressing th~se var3/ same concerns In the futura. 1. According to the SEQR handbook, in the issuance of a Negative Declaration, the lead agency ' must be aDJe to show that the action will not have a significant adverse environmental impact. The lead agency must tak~~. a hard look at ail relevant impacts...in making this decision and document Its reasons in writing." QUESTION: What information did Kramer & Voorhis draw upon in determining that paint strippers, oil, grease, acids, and heavy metals from electroplating operations won't be a i3azard to or find their way into the critical environmental organization for t~e I~reserval~on of land. sea. air and quality ~f life ~mt~l on 10o% recWde~ oa~er JJ 825 EAST GATE BOULEVARD GARDEN CITY. NY 115,30 JOHN J. NEWMAN Mr. Jeffrey L. Strong Strong's Marine, Inc. P.O. Box 1409, Camp Mineola Road Mattituck, NY 11952 August 15, 1995 AU$ 2 '1 Smlt~l~ Tow~ C"lerk Dear Jeff: Thank you for your letter of August 6- I will address your statements in the same order in which they appeared in your letter. Growth in Business: I do not agree with your statement #1. There has been a definite increase in business since you took over from Marineland. I believe you have forgotten that the sale of boats used to take place up on the highway and not in the marina. In any event, I feel very strongly that use of the marina has grown tremendously. Physical Expansion: I believe that your planned rack extension for winter storage (which obviously could be used for regular storage as well), plus the planned construction of a 50' x 75' building, is a very considerable expansion. In addition, I understand that you are already exceeding the use permitted by present zoning. Noise: You may have done many things to try to keep the noise down, but I believe your efforts have been unsuccessful. Regarding parties at the marina, when I bought my home, you did not have parties. The parties began just prior to your selling to Marineland. 4. View: I appreciate your putting a spring on your bathroom door. Paddle Boats: Just the other day, I discovered kids under my bridge again. They indicated to me that you had not informed people using paddle boats to stay off of my property. When I returned with my boat yesterday, kids had swum across from your marina and were getting ready to climb onto my floating dock. These situations are of great concern to me because I may be liable if someone gets hurt on my property Again, Jeff, I must restate that I object to any expansion at the marina since it detracts from the value of my property as well as my enjoyment of peace and quiet. JJN:jr cc; Town Board, Town of Southold ~/ Sincerely, John J. Newman Via Certified Mail, Return Receipt Requested (516) 222-1100 (Nassau) --INSURANCE SERVICES- (516) 6~0 (Suffolk) (914) 634-5939 (VVestchester) (716) 279-9554 (New York City) (518) 793-5534 (Albany) (516) 222-1651 (FAX) u ust 6, 99s [ $i 8¢ ",' ' Mr. John J. Newman J.J. Newman & Company, Inc. 825 East Gate Boulevard Garden City, New York 11530 Dear John: I bare received your' letter dated July 18, 1995 outlining your concerns and position, Sorry we missed each other on the phone. First and foremost, ! want you to know, John, I do appreciate your concerns and comments, You have been a customer previously and hopefully will consider using our services in the future. We cousider many of our neighbors our friends and treat our relationship as such, 1. Your feeling is there were far fewer boats in the marina and much less activity. I believe what has happened is when we sold our marina iu 1988 to Mariueland it was at a higher level of business than we are at now. As the years passed with Marinelaud, business got progressively less. Re and I bought the facility back in April of 1992. Since then we have been fortunate to have many of our old customers return and new ones join us. We are making very good progress but we are definitely not at the business level of 1988. 2. We are not looking for any significant expansion. We are looking to extend our racks for winter storage towards my parent's house and we are putting up a 50~ x 75' building for us to work on boats indoors in the winter. Town code currently allows us to put structures 35' high. However, we have put a self-imposed limit of 28' high on any future racks or buildings. This is in an effort to minimize any view concerns. 3. Noise - We have done many things to try and keep noise to a minimum. Last year we purchased a new forklift which is much quieter. Last winter we installed a newly designed launch pad which further allows the machines to be quieter. P.O. BOX 1409 · CAMP MINCOLA ROAD MA'I-rlTUCK, NEW YORK 11952 PHONE (516) 298-4770 · FAX (,~ 16] 298°3801 We did have parties when St was Strong's. Marineland did not continue them. We resumed the parties when we came back in 1992. We typically have 3-4 per summer. We post a calendar of events in January with the dates. These are family oriented and the music ends at 10 PM. Our neighbors are always welcome. 4. Bathrooms - I never realized there was a problem. We will install a spring to try and keep the door closed. This winter we will look into different landscaping options. 5. Paddleboats - Many of our neighbors and customers get a lot of enjoyment from these, in particular, women and children. I was not aware there was a problem of people coming by your dock. We will try to educate people. However, if there is an instance if you would please give us a call right away so we can speak to thmse involved. Over the last ten years, there has been some change but minimal. We have every desire to run and maintain our facility in a way that all can be proud. If you have any additional questions or future concerns, please bring them to my attention, With open and friendly communication, I believe we can all benefit. Thank you. Yours truly, Jeffery L. Strong JLS:rc Laury Do~d, Town Attorney Town of $0uthold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 August 8, 1995 Re: Stro~ng's Marine, Inc. Proposed Change of Zoning Dear Laury: Th ~ank you for forwarding a_copy of the transcript from thepublic hearing. I have rev/owed this and find a diversi~ of comments both ia favor of andagainst this appUcation. This letter'is intended to re-visit some o.f the considerations incorporated into our review letter of $ _~ne ~, 199~. In particular, thi.s letter will address some of the comments raised at the pubUc ...he _anne, w~ par'dcular attention m the substantive comments of thc North Fork Environm{ntal Council letter. Fiaally. this letter provides some recommendations concerning further action with regard to the pending zone change petition, and the current operations'of Strons's Marine. Ou~ prior review addressed the proposed change of zoning on the Strong's Mar/ne site, The f, .a~lity was absolutely ,recognlzeda~ an ex~fi~ opera .t~g facility,' and we maintain · that this is [the appropriate b~eliae for review. Existing marina b~ldings and operations extend int6 the R-80 zoning, and h.ave historically been conducted on site. To a~sm'ne that the R-80 zbned portion o£ ihe site is vacant land potentially developable for residential use is inaccurate. Thc North Fork Environmental Council contains some substantive comments with regard to ~e marina project. The following points are noted: At ~e t~nc of completion of thc Lon~ N. AN, the ~..~'e~ of pubfic controversy was not known. The pm'PU~ of Om hearing k to provide a ferum for input into thc change of zone deci~o~. Thc Board r~.~vcd comments both for and a~n~nst thc proje~, Thc fa~ k ~ ~ o~r~om Raw ~d ~tc matcri~ stor~ b~ng ~d ~tion ~ ~ ~ ~c S~o~ Co~ D~m ~ ~th Sc~s. ~c ~gc ~ ~ ~ not ~ ~e app~W of ~ ~ ~ n~d m ~mp~ ~ ~stl~ rc~atlons. Ino, e~e ~ dO~ock~g fdci/Rio. The ,facility currently ba~ boat storagc racks. Racks within thc M-1 zoned area rcqulrc sitc plan a~d budding pomit application~. Thc change of zone does not obviate the need for construction on site to eom~ly-~t~ those requirement? It k noted that the Town ~oard SEQi~A Negafiv~ t~".elm'a/inn dated Dccdmber 22, ~ includes "high boat stm'q~ rich', in th~ project dcscrilaioa. Thc chinese of zoac wotd~l not affect thc propuscd boat storage rack addressed in thc prior Tow~ Board wodands permit, whi~ i~ cntlrcly witblu thc e0d.~ing M-I zone. Th~ applicant ba~ indicated that the~c addidonaJ rack~ a~o for ~2tcf storage of boats. Any cxls6n~ rack~ m~st comply with applicable zonin~ rcq. uircmcnts of thc ~ 3. or3 ,54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11784 · (516) 331-1455 · FAX 331-8046 Approaimntely 20 parking .vails are dgpicted northwest of th~ e.~stmg buildings m the area propor~.d to b~ reposed from R-80 lo M-1. This arcs is eurrendy used for parking. T~ project site is o~rnt;n~ &q boatyard, ~ith slips and parking stalls required pursuant to thc zoning cede. TI~ chung¢ of zone docs not correlate to edditinunl prkin& tiffs is somed,;*,_~ that can be constructed (with site plan approval) under current zoning, as thoro is ampi0 additional room ~tkin tho M-! zoned areas of tho site. The ~e.~d fi~' the slto to conform with p~klng re. qubomgnLs under tho zoning ~ does not' n~.~marLly co~clatc to additional traf~. Traffic h a function of thc number of alii~ and d~y storage. The appl;,-~t has indicated that additional rac&s arc for winter storage only, however, thc Town may wish to rcstrkt thc ~umber of siil~ and/or dry storage. This ia not cited in t]~ Negative Declaration as a mitigating condition or requ~oment of the project. Jtlis a fact that thc ~ clomenl.S of ~,tc use arc subject to Planning Board approval involving site plan rov~? and approval. Thc sst~ is already operating as n manna and ~ zoned Iv&l, and all prot~,~l co ,n~truction will require ~h~ -!%* ~-d buildlng aA~ovals. This is oaly one of many rea~ns cited in suplk~t of the Nngativ~ Degg~atien. The applkntion is not & segmentation. Tho Town Bo~'d has bef _m~ it tl~ ultimate plan for sim tr~ and has considered this in ti~ prior Wctlo*,d- ]~crm[t ~¢gittivo I)~cS?etion, as well as in the current lgndln~ dmngo of zone, w~di~e ~ Jasu~.. Thc pro,'am tg, qulrci a balanciflS d thc.se issuc~, la review of rig chanSe .z~m~.~, and in con4&~ati~n of tl~ cxiatln~ u~ and mitigating ~,.-tiuns, it wa~ g~nor~Ily our opinion the ~posed proje~ was con,;,f:~nt with the LWRP program. 2'he ~ffect of the projec~ on ~ local w~t~'fmnt ~hould be a~sed ~ m ~5 ~ Fi~. ~e h ~ ~t that ~y ~j~ ~a ~ wast~ ~ m~ ~ ad&~d t~ough ~ ElS ~d F~ -~, ~& a~n h ~d ~ a ~b~ b~, ~d a dcte~a mint ~ ~uM. I I ~ ~M ~u~ t~ T~ Bo~d ~ ~R, ~ fa~ ~m~a~ of ~ anal~ ~pgifi¢ to thc appllcatlon. Other mi,.ut received at the public bearing. Pr0.vides both support for. and objection to, ~¢ pro~e~t: ~owever; ~t' is noted tha.t most objeCtlOm are in rotation to the ~urrcnt marina cig. ration. Therefore. I believe ~t is important to resolve as many issues as possible CHARLES V~,~SOCIATE$, INC. pnge 2 ~3 ENVIRONMEN~G CONSULTANTS $lra~'~ Madne, l~c. Letler o~ August ~ 1995 at this time. lss~ of a P~ve ~cl~a~ or de~ o~ ~e ~ne ch~e wiU not ~ ~y way ~te ~ent ~mpl~ or proble~ ~ ~e ~ ~a~d.~erefore, ~e fo~o~ · D~c ~ ~ a ~-~ n~o~ ~ on ~c sltc. Mu~ of~c ~ ~ f~ a ~ ~ ~ on ~. ~,~ of non~M~,,,~ ~ 2 n~ ~d. In ~ti~ ~ ~ ra~s ~ ~ ~ ~out ~o~ ~pro~ ~ ~ ~o~ ~ a~. public hesrla8 lu~ bcca held, thc applicant should he ~ivcu thc opportunity to ~ the impac~ of exhl~g opcra~4,~-~ on thc nci&hborhood. * Res(~kZ th~ number of boat ~i~ aM/or high and dry storage. /aformafion pre,eared at thc hcarlag by .Yearne Manim~r indicates prim' li~a and rc,m-iaious on thc numher of slips, la addition, at th~ h~ thc'appllcant indicated tbat d~ boat ra~ expansion wa~ for wbaer stora~, not high and storS~. Thea~..~orc, agrccmcnt shotdd bc achieved regarding thc usc of boat racks and thc numbor of AS noted in our review letter of Sune 22, 1995, certain mitigation measures are evadable tO mln~miT~ environmental impact. These were noted as follows in an excerpt from that ]grter: : 'Porthcr. ~e~i,','dora~o-, may be glv~n to b~f~ ~ ~itafio~ ~iu on ~ ~c at thc ~c of site p~ ~w, 6n~ ~e h m~ ~ ~ ~ ~d to pro~ uses. At a m~, R h r~mm~d~ ~t ~c ~o~ ~ ~ pr~e ~ ~;~;~ n~ f~ ~t m~n~ ~ a ~or~e ~ w~c m~t.ln;~ a ~t ~ I~ ~ ~ fc~. In ad~ti~ ~ ~ ra~ ~ho~ not ~ ~ ~ ~ ~t, ~d ~ ~ a ~ ~ ~ ~ f~L In ~ a~ua~ ~ ~d ~ pto~d~ to ~ ~c ~ ~ ~t ~ t~ ~r~ p~ of ~c ~te` ~ly. t~ a~ ~o~d ~ ad~d ~ ~ ~d to ~.i. ~tc pl~. ~EC ~d T~ ~t~ appr~ for ~y ~r ~on on ~ ~c." In ,conclusion, most of the controversy regard'_mg tl~s application has to do with the current operation. Based on the thorough review, it does not appear as though requirement of a~. Environmental Impact Sta. tement will ad.d significantly to u~e prot.ection of environmehtal resources. This ~s due to the emstmg ope.rauons, the li~uted potential e_~ansio .n in view of .the change of zone, and the restnctmns in pl? to z~.'i~mi2e impacts. The applicant is requtred to adhere to all wasto handling and zomng reqmrements of the , and Town at 'Ibc County az t present, pending application provides an oppon'unity for Strong's Marine t.o ~ontinue to "oe a good neighbor" and improve land use compatibility in the cornm-,,,~. The Town Board can play a role in fac~ilitating these improvements. Thank YO.U for the opportunity to prov/de you with this further input regard/ng the subject application. ~you h~ve any questions, or wish to discuss this matter, please do'not hesitate to'call. /~/.,~ / ~ ENVIRONMEN~G CONSULTANT~ Pag~ 3 of 3 180 OLD GOUNTRY ROSsi) (RTE. RE IVED 1995 August 14, 1995 Town Board Members Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York Town C'Je~ 11971 Re: Strong's Marine, Inc. - Change of Zone Dear Board Members: As a result of the work session and communications with Town Board Members, Jeffery Strong of Strong's Marine, Inc. has asked me to communicate with you to advise that he is willing to have prepared and delivered to the Town covenants and restrictions as follows: 1. That would provide no boat rack would be within 100 feet of the northerly tie line (along the dredged canal) of the parcel which is the subject of the change of zone application; this set back is to be separate from the 50 foot scenic easement which would remain parallel to the dredged canal. 2. That would further provide no structure or boat rack at the two parcels owned by Strong's Marine, Inc. in the M 1 Zoning Use District would exceed 28 feet in height and thus no boat on a rack or roof line would be over 28 foot in height. This Declaration of Covenants and Restrictions would bind not only Strong's Marine, Inc. but its successors and assigns and would be enforceable by the Town. These additional covenants are as a result of questions raised at the work session. They are in addition to the covenants already stated: 1. 50 foot Scenic Easement. 2. No dockage north of the northerly tie line. Mr. Strong has asked me to place this proposal in writing and to indicate that he is willing to have the Declaration of Covenants and Restrictions prepared, signed and delivered to the Planning Board for disposition in connection with the further site plan Town Board Members Page -2- August 14, 1995 review of this application. I would be pleased to answer any questions or concerns that you might have with regard to this matter. CRC/ejc cc: Planning Board cc: Town Trustees cc: Town Attorney Very truly yours, Charles R o Cudd¥_ Augusl i~, 1995 RECEIVED Sourhold l'r~wn C'I~ I hn~P teceiuPd vt, ir I;,Irr, i [lal-~,d .hl]¥ 1~. 1¢:195 oullining ymlr Filst and fol~mosl. I u,tllt y(pll to kilO., .|L)hll. I ilo applpciate ¥o11~ hrpp~fullv will ccpn$id~.~ lining nu~' ,qervice.~ ill the fIiture, tqe cmmJrlet le~s .activitY. I believe ,,~hat has happened is ~11Pll ~-~O 5nld oul maLina ill 19NR to Mal'ill~[alld ~t ~,/as al a highe~ level nr hu.~iness Ihall WP ave Re and T boughl tim facility hack in April ,if 1992, $im'e thon wP roms inin u,~. ~P a~e mai<lng t, ely ]coed piogr~s but up are der]nit. Iv 2. l,/o atp II111, Inr~king for any ~iglLifieanl oxpangiol]. ~/e ai~, looking are pultLn8 up a SO' x 75' building for us to ~oJk Oll hoat~ indoors the k,i~ltPl-. Thy:il cnrl~ Clliterllly aJJou~ 115 lo put. ~tluctur~s 35' high. lluwovol, u- have pllt ;~ solf-~u~prmPrl ]imil r)r 28' high (111 .ally rlll. llie Nois~ - 14e have drJlle fllallV things to try and keep ~iut(.r 14~ in,~lallPd a n~ly desiglmd launch pad .,d-lich ?.0. BOX 1409 ' CAMP MINEOLA ROAD MATTITUCK, NEW YORK 11952 PHONE [516) 298-4770 . F/O( (516~ 298-3801 t4p did h~v~ part ips ~11~ il wins Sttn,,e.'.~. 1,t;~ i~..I.and did i1(11 L~Jve I~.~: a ~';~ll ~ight ,away ~o ~' ~:an spear lo Ihn.qe involv¢,,I. BPI ieve wi, ('a. all lmlierit. Thank yOll. JoFIoiv [,. SI tcmg CC: Town Board. $outhold To~n C;HARLES 1~. CUDDY 113o OLD COIYNTIiY I~O~D (i~T~. ~) August 7, 1995 Southold Town Board Town Hall 53095 Main Road Southold, NY 11971 Re: Strong's Marine Inc. - Change of Zone Dear Sirs and Madams: I am responding to the letter dated August 2, 1995, from Christopher Kelley, who appeared on behalf of Richard Burden at the public hearing in the above matter. I suggest that the matters referred to in Mr. Kelley's letter are matters which should be considered at the site plan process, which the applicant must pursue following any approval by the Town Board. More importantly, I submit that it is not appropriate to consider the request of Mr. Kelley and his client after the hearing had closed. Very truly yours, :/'- Charles R. Cuddy CRC/pc T~.'OMEY, I~ATHAM~ ~HEA ~ ~[ELLEY August 2, 1995 20 MAIN STREET EAST HAMPTON N.Y. 11937 516-324-1200 RECEIVED 1995 Southold Town Board Southold Town Hall 53095 Main Road Southold, New York 11944 ,~outflold Town CI.rl, Re: Strono's Marine Application Dear Supervisor Wickham and Members of the Board: As a supplement to the submission made on behalf of Richard Burden and other neighbors on Ole Jule Lane at Tuesday night's hearing, we would request that the Board impose as conditions the mitigation which the applicant has offered in his testimony and the Suffolk County Planning Commission and Trustees have referred to in their correspondence. This in no way alters Mr. Burden's and the neighbors' demand that an environmental impact statement be prepared. However, setting aside the SEQRA aspects of the application, we would propose that the applicant be held to his words. Numerous speakers at the hearing supported the application based on their friendship with Mr. Strong and their feeling that he was a "good guy" and would do the "right thing." It is admirable that Mr. Strong has such friends in the community, however, zoning changes pertain to land and not people, and at some point the marina will no longer be in the Strong family. It has been sold by the Strong family before and will likely be again, if not in the near future then sometime down the road. It is the Board's job to anticipate the potential problems that can occur under any subsequent owners and the permanent use of the property in the M-1 Zone. Accordingly, and in keeping with the representations made by the applicant, we would ask the Board to impose the following conditions on any approval it might Southold Town Board August 2, 1995 Page 2 grant: 1. That the number of boats using high and dry rack storage be limited to what is currently on the site and that any new racks permitted be limited to winter storage. 2. That the applicant be limited in the amount of additional boat rack space and height for winter storage. 3. In accordance with the Suffolk County Planning Commission recommendation and the recommendation of the Town Trustees that no new dockage or boat mooring facilities be created and that there be no further disturbance of the shoreline in perpetuity. 4. That the lot be merged with the lot to the south as a single lot and be developed as a single lot, and be limited to upland marina uses and related purposes. 5. That the storage of boats on site be limited by a specific number consistent with the permitted parking, and that the Board require one parking space per boatslip as well as per boat serviced by the high and dry storage. 6. That the scenic easement be widened to 100 feet and that it be extended to cover the cove off of the dredged canal. Under the current proposal the scenic easement would not cover the interior of that cove on the north side of the property. 7. Ail conditions should be included in filed covenants. In addition to whatever mitigation would come out of the SEQRA process, we believe that these suggested measures will assure that the marina will remain a "good neighbor" long after the Strongs have sold the property. Sincer~y/ C~st~her Kelley CK:js cc: Mr. Richard Burden cc: Charles Cuddy, Esq. PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 25, 1995 8:00 P.M ON THE PROPOSAL OF STRONG~S MARINE, INC. TO AMEND THE ZONING CODE (INCLUDING THE ZONING MAP) OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. OlJva Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: This portion of our meeting is a public hearing on the Change of Zone application by Strong"s Marina, Inc. of Mattituck. COUNCILWOMAN OLIVA: ""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, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, July 25, 199S, on the proposal of Strong's Marine, Inc. to amend the Zoning Code (including the Zoning Map) of the Town of $outhold, Suffolk County, New York, on certain property located at the end of a right-of-way of Camp Mineola Road, and adjacent to James Creek, Mattituck, New York, by changing the zone from R-80 Low Density Residential District to M-I Marine District. 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 plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at MattJtuck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the northeasterly corner is located the following six (6) courses and distances from a point on the easterly side of Oleju~ane, which point is 154.97 feet southerly from the intersection of the southerly side of Kraus Road and the easterly side of Olejulane: (1) South 80 degree 39 minutes 10 seconds East, u,23.36 feet; (2) South 11 degrees 22 minutes 50 seconds West, 17u~.33 feet; (3] South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (q) South 57 degrees 21 minutes 20 seconds West, 100.99 feet: (5) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44 degrees 10 minutes 10 seconds West, 160.97 feet' Pg.2 - PH (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from the true point or place of BEGINNING, South 35 degrees 19 minutes 00 seconds West, 302.73 feet; thence South 18 degrees ~8 minutes 20 seconds East, 106.1~ feet~ thence south 71 degrees 11 minutes ~0 seconds West, 380 feet, more or less, to the ordinary high water mark of James Creek; thence along the ordinary high water mark of James Creek, and a dredged canal, a distance of 850 feet to a point and lands now or formerly of E.Eo Wilsberg; thence South 30 Degrees 29 minutes u~0 seconds East, 85 feet, more or less, to the point of BEGINNING. Dated: June 27, 1995. Judith T. Terry, Southold Town Clerk. ~ We have an affidavit of it's publication at The Suffolk Times, and we have an affidavit from Judith T. Terry, that this was published on the Town Clerk's Bulletin Board. We do have a number of communications. The first one is from Gerald Newman, Chief Planner of the Suffolk County Department of Planning. Dear Mrs. Terry, pursuant to the requirements of the Sections A 1~-1u~ to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on June 7, 1995 reviewed the above captioned application and after due study and deliberation Resolved to approve it subject to the following condition: I. Premises shall be restricted for upland marina and related purposes including the storage of boats and parking of cars with no further disturbance of the shoreline area and no new boat mooring facilities. 2. A 50+foot scenic easement shall be provided throughout the northerly boundary of premises adjoining the dredged canal; and 3. Premises shall be developed jointly with adjoining lands of applicant to the south thereof. Very truly yours, Stephen M. Jones, Director of Planning. I, also, have communication from our Planning Board. The Planning Board has reviewed the change of zone application of Strong's Marine. Ordinarily, the Planning Board would not recommend the extension of the MI zone into fragile wetland areas. However, in this case, the 1989 designation of this property into MI with a narrow, (160' average), strip of R-80 zoning is difficult to justify. If the intent of so doing was to provide a buffer for the residential zoning across the creek, the applicant's offer to provide a scenic easement across the northern edge of the marina will have the same result. The applicant needs the additional land to place 190 linear feet, (190'), of rack storage units for the storage of boats in the winter, and the addition of 26 parking spaces. The Planning Board suggests that in accepting the offer of the scenic easement, that that the applicant be asked to show the metes and bounds of the east and west edges of this easement line. The intent of showing such a line is to prevent any disputes about the exact location of the line. The Planning Board has discussed this with the applicant, who is willing to add that additional information to the property deed. Our understanding is that the vegetation on the land between the scenic easement and the water's edge will be left alone, so as to provide a visual buffer between the rack storage units and the residential homes across the creek. When we accept or place scenic easements, we typically require the terms of the easement be filed as a declaration of Covenant and Restrictions in order to prevent future problems or disagreements about the permitted use of the land under the easement. We suggest the Town Board consider the same in this application. In this particular case, the Planning Board does not see the need to require the supplementing of the existing vegetative buffer. However, the removal of the existing vegetation should be prohibited. This is from Richard Ward, Chairman of our Planning Board. We have some other communication. Dear Board Members, I am writing in regard to the pending application by Strong's Marine, Inc. for a rezoning Pg.3 - PH of part of their property on James Creek in Mattituck from R-80 Residential to M-1 Marine. I am both an adjoining neighbor and a customer. My wife and I own the properties immediately across the road from the eastern most end of the dock area. Mr. Strong has personally reviewed the zoning request with me and has described the intended use of the property. I am satisfied that the planned changes to his operation would not be harmful to the area and that he has taken into consideration the concerns of his neighbors. The voluntary restrictions on the height of the storage racks and the size and use of the proposed building as well as the creation of the scenic easement ensure that the initial changes will not be followed by less desirable ones at a later time. I would add that this is consistent with his usual way of conducting business in that he routinely shows what I feel is an exceptional consideration for his neighbors. On that basis, I support his plans. Additionally, it is important to me that no restrictions be created that would interfere with Mr. Strong~s ability to maintain a viable and profitable business on the site. The worst situation from my perspective would be to adjoin a business that could not afford to be a good neighbor because of it's inability to meet increasing operating costs with additional income. The opportunity for Mr. Strong to conduct his business in a profitable way is not only important to him, but also to his neighbors. I remember clearly that just several years ago we were faced with that very concern when the previous owners of the the marina went bankrupt. Please approve the zoning change as applied for by Mr. Strong in the interest not only of supporting a local business but also out of consideration for his residential neighbors. Yours truly, Donald R. Boyle. To whom it may concern, enclosed is a copy of a letter I have today to Jeff Strong of Strong's Marine, Inc. I object to his request for zoning changes and ask that you not only deny his request but that you also ask him to comply with the present zoning requirements. A copy of his map showing my property is attached. I will certainly appreciate your representing me in this matter. Sincerely, John J. Newman. Mr. Newsman writes to Mr. Strong. Dear Jeff, I have reviewed your notice of April u,, 1995 outlining the changes you wish to make at Strong's Marine Inc.. I am quite concerned with the increased activity at your marina over the last ten years. When we purchased our home in Salt Lake Village, directly across from your marina, there were far fewer boats in the marina and much less activity on the creek and at the marina. In other words, it was a quiet hometown marina without the floating dock with the paddle boats and the mobile office across from my property. Also, I do not believe that you had the boat racks on your property. I did not voice objections to changes made in the past because I thought they would end, but this does not appear to be the case now. I know you are running a business, Jeff, but somewhere along the line the improvement must cease so that we have some control over the environment, including the noise. I am concerned that additional boat storage and facilities will make matters even worse. I am not fond of, 1. Hearing the noise. 2. The view across my property of your men's room toilet bowl. The door is always open. 3- Looking at boat racks, q. The thought of having to view additional buildings. Also, I have had to ask people in paddle boats to get out from under my docks on a number of occasions. I am very concerned about this situation because I have gas and electric lines running under those docks. Again, Jeff, I think one of my big problems is that, although you are trying to make a nice facility for people who rent slips and use your marina, those people go home at night and generally leave when they want. I can't. If I want to go to bed at 9:30 P.M., I can't tell you to stop pg.U.. - PH your party. By the way, when I purchased my home, you were not having weekend and holiday parties as you are now. Certainly, the level of quiet enjoyment that I enjoyed when I first bought the property no longer exists. I strongly recommend that you not improve the marina any further. Sincerely, John J. Newman. This is to the Town Trustees. Dear Trustees, the Salt Lake Village Association, Inc., held their annual meeting on July 1, 1995. At the meeting the matter of Strong~s Marina zoning application for a change of zoning was discussed at length. While the Association voted unanimously with quorum not to oppose the zoning change, we did have serious concerns regarding the details of the proposed development that will result from this change. They are as follows: 1. This marina has grown over the years and we believe that a reasonable final limit be placed on any expansion, including the changes that may be brought about by the zoning change. 2. We are extremely concerned over the environmental aspects of such a use in James Creek and the surrounding waters. These environmental aspects include, potential fuel pollution, lighting pollution , extension of area lighting which might impact the marina's residential neighbors, proper screening both natural and man-made of the marina from it's neighbors and noise pollution. This marina is surrounded by residential neighborhoods. Careful attention to the details of the possible expansion and changes brought about by the change in zoning must be followed. We wish to be kept informed of the progress in this matter. Please continue to contact us in this regard. We believe that good neighbors and good planning will allow the neighborhood and the marina to mutually co-exist. Lastly, we are enclosing a letter from the marina outlining several items in this regard. Deviation from this memorandum by the marina would cause us concern. Thank you for you attention to this matter. Sincerely, Steven F. Techet. He has a letter from the marina. The purpose of this letter is to keep our friends and neighbors aware of the changes we would like to make at the marina. Attached is a current survey of our marina as well as a notice concerning the application to the Town Board requesting a change of zone for the portion of our marina highlighted in yellow. Background, three years ago we purchased the marina out of bankruptcy. This was an extremely difficult time but with the help of many of our friends and neighbors and dedicated employees, we have been able to get the facility back on track providing the level of quality service I am accustomed to. Now that we are back on our feet, we are trying to address some things that will help us improve our efficiency. What do we want to do? 1. The parcel highlighted in yellow is currently zoned R-80. This has been used for over 15 years for winter boat storage, including storage of boats in the two racks shows. When the Master Plan was adopted in 1988 the Town inadvertently followed the old property lines to establish the zoning line. We are requesting the zone line be moved north changing this RS0 parcel to M-1 zoning, like the rest of the facility. We are sensitive to the fact that several of our neighbors have requested we do not expand dockage on the north side of this parcel. We agree with this. For this reason, we are proposing a 50' scenic easement, highlighted in green. This would remain undeveloped with no marina dockage on the north side of this easement. 2. We propose to extend one section of our winter storage racks adjacent to the current racks, thus allowing us to be more efficient storing boats for the wlnter. 3. We show a proposed shop building that will eventually replace our greenhouse and two small sheds enabling us to work indoors efficiently on u, to 5 boats. We do not want to have marina dockage north of the easement, restaurants or bars, or significant expansion. All we Pg.5 - PH are looking to do is have a more efficient facility, the way it should be. We run a clean, neat facility with many of our neighbors using and enjoying our paddleboats, picnic area or swing set and slide. We need to have these changes to be as efficient as possible to represent a good value for all and keep 12 people employed full time year round. We appreciate you taking the time to review this. If you have any questions at all please call me at 298-[[770. We hope you feel that our request is reasonable and will support us. Yours truly, Jeff and Re Strong. I have one more letter. Dear Board Members, I have been a customer of the Strong family for over 15 years. When they sold their marina I moved my boat. The level of service, friendliness and cleanliness I had become used to, was no longer the same. Approximately three years ago when Jeff and Re Strong purchased the marina back, I moved my boat back to Strong~s. Since that time they have brought the service back, have substantially improved and upgraded the facility which has increased our enjoyment and is again is a very friendly and customer conscious business. I believe their zone change request is reasonable and sensitive to the local neighbors. In no way do I believe the impact of this change to be harmful or detrimental to the surrounding areas, environment or local residents. Please grant Strong's Marine their zone change request for R-80 to M-1 which will enable them to stay in the community and continue to improve the environment. Jeff and Re Strong's efforts have always been positive and for the betterment of everyone concerned. I sincerely request a favorable decision in their behalf. Yours truly, Victor E. Catalano. One more, Dear Board members, I reside approximately one hundred feet south of Strong~s Marine and have received information concerning their request for a change of zone to M-1 Marine use. I consent and agree with the petition and would request that you grant their application. There has been substantial improvement and upgrading at the marina which has had an overall upgrading of our community, and the convenience of a marina in our community is a substantial asset. I am a boat owner and had previously used another marina for a number of years until Jeff Strong reacquired the marina and commenced the improving and upgrading of it. One of the substantial assets of the town of Southold is it's proximity to some of the best water in the world, and the facilities for the boating public is an important part of that activity. Please grant Jeff Strong and Strong~s Marine, Inc., the ability to continue their upgrading and improving of the marina, which is a credit to our community and the Town of Southold. Sincerely, William Pymm. I have no further communications on the subject. SUPERVISOR WICKHAM: Thank you, Ruth. Maybe we could open the doors in the back, and the people, who can't get in, can hear more readily through the open doorway. We still have a few chairs in the front for people who want sit down. A public hearing on a change of zone is an opportunity for anybody who wants to let the Board know their views on this particular proposal, this particular proposed change of zone. I see we have an ~mpressive number of people here. If everybody wants to speak it's going to take us quite awhile to get through, so, please, confine your comments as briefly and concisely as possible. Would anyone like to address the Board? Please introduce yourself before you speak. CHARLES CUDDY: My name is Charles Cuddy. I represent the applicant Strong~s Marina, Inc. In order to keep it concise I'd just llke to ask a couple of question, if I may of the Board? Is the negative Pg.6 - PH declaration, that was made by this Board, part of the record tonight? Also, the report from your consultant, I assume, is part of that? COUNCILWOMAN OLIVA: Yes. CHARLES CUDDY: And, also, I would ask that the Trustees' recommendation and negative declaration be part of the record, too. I attached that, I believe, to the application. TOWN CLERK TERRY: You made it part of the application, and it is part of it. CHARLES CUDDY: I would point out that the applicant is willing to covenant, and has offered to covenant subject to the approval of the Town Attorney, the Town Planning Board, and to this Board, to keep that fifty foot strip, that is along the dredged canal undisturbed land. I think everybody that is here recognizes that what we're simply asking for is extension of an existing zone M-1 to replace the R-80 zone on the balance of the property that is effectively on the Strong Marine peninsular. I'm not going to elaborate on why, because the letters have done that. I~m going to ask Jeff Strong to speak in just a minute, but I would like to say that your Waterfront Revitalization Program encourages marina. In fact, suggested they be expanded where appropriate. I believe that this an appropriate one. further point out to the Board, that in this community, as in many communities, marinas are in residential districts, and whether that's good or not, that's how they exist, and they come, and residences come. But that's true in this town. I point out Matt-A-Mar. I would point to Young's Marina, point to Narrow River Road Marina, all of which are similar in nature. This is a marina in a residential area. I think it's been there for forty years. I think it's appropriate, and I would ask that it be continued, and this application be approved. I would ask Jeff Strong to step out, and explain to the Board would he intends to do, and what he does not intend to do. Further, I would just offer a number of petitions and additional letters. I don~t know that they should be read, but I'd just like to make them part of the record. SUPERVISOR WlCKHAM: Thank you. Would anyone else like to address the Board at this time? JEFF STRONG: Thank you for giving us the opportunity to speak. Several of the different neighbors, who have come to ask us questions, you know we tried to mail out as many informational packets as possible, to have everybody be as informed as possible. Hopefully, we've accomplished that. A couple of the questions are concerns that have consistently come to us, that I just wanted to clarify, or restate as exactly what it is, or our intention to do. The primary purpose of us wanting this zone change from R-80 to M1 is, a, for us to be able to continue, the use, the way the facility has been used for at least fifteen years. The facility has been used for storage of boats. That's extremely important for us to remain viable on a year round basis. That's very important for us to continue to afford twelve fulJ-time people on a year round basis. The second reason why we need that is currently the only indoor facility we have to work on boats in the wintertime is a plastic greenhouse, and when you have winters, not so much like this past winter, but the winter before, that is not exactly a Pg.7 - PH comfortable situation to put it real mildly. Where the shop building makes the most logical place to put it, adjacent to our existing structures, the zone is half correct, and half not correct, which is the other reason why we need that. Specifically we do not want to, have no desire ever, to have restaurants, or bars, which are only allowed in M-2 use. That's something that continues to be unclear to some people. Our existing racks, that have been up for numerous years, are three high, and the maximum height of those racks with the highest boat on them is twenty-eight feet, even though Town Code for either residential, or marine one currently allows up to thirty-five feet. It's our intention for the new proposed racks to remain at the maximum self-imposed height of twenty-eight feet. In addition, the new proposed shop building, if the zone change is granted, and when we're able to afford to do that, would also be at that same self-imposed height of twenty-eight feet. It had been asked by some neighbors, that the tree line fortunately over the last fifteen or twenty years has grown in very substantially in that scenic easement. There are some areas where it's not grown in as full as most of it, and we'd been more that happy to fill those voids in with ceder trees, or whatever trees. People, who are more educated about trees, could tell me what should be there. Those are the things that we are looking to do. We are specifically not looking to expand the racks, that we need to put up, or solely for winter storage, not for expanded dockage, or expanded high and dry, which is something that makes a significant difference. Since Re and I bought the facility back approximately three years ago, we've had three, supposed hundred year storms, and what a hundred year storm at our marina looks like, is about three feet of water on the parking lot, and when you have boats down at that level that's not a particular fun thing for the boats, or myself, or our employees to try and keep them correct. Some of the positive things that we have done, that I think are worthy of noting, on the environmental side I've always been extremely environmentally conscious whether it's at our marina, or home, or in different community activities, that we're involved with. We have installed at our expense a DEC approved pump-out station, at a cost of about $13,000. Through the Trustees' help we did a south side environmental project this past winter, that according to Cornell University's independent study improved the habitat by six times over what was there prior to us touching it. We~ve installed waste oil recycling systems. We have installed and promoted recycling systems for plastic, metal, cardboard, scrap paper, cans, glass at our marina, and tried to be extremely active that way. We help initiate in Southold with the help of Mary Jackson the recycling program for shrink wrap, that all marinas are encouraged to participate in, and that's been very well. Welve installed monitoring wells for our inground fuel tank, and had consistent tests on those, as well as yearly line tests, just to be sure that everything is tight and proper. We initiated the idea of directional signs, again to try and cut down on the confusion of traffic going through Ole Jule Lane, which has since been adopted by the Town, and used throughout Southold Town. We have put a self-imposed curfew of 10:00 P.M. cutoff from music at any one of our parties, which are typically four to five throughout the season, and the dates for those are I~sted a year in advance for everybody to know. On the noise issue, we purchased a new fork lift last year, which is much quieter. We redesigned our launch pad to also make the old fork lift, and the new fork lift quieter. On the visual side of things we continue to add to landscaping, to try to continually improve on the visual side of our environment. What ever questions anybody else has, if there any. Pg.8 - PH SUPERVISOR WICKHAM: Thank you very much. Would anyone else like to address the briefly this evening? KEN LEUDECKER: Ken Leudecker, speaking on behalf of the NFEC, North Fork Environmental Council. Question number 19 of the Part ii of the Long Environmental Assessment Form for the Strong~s Marina Zone change asks the question, quote, is there, or is there likely to be public controversy related to potential adverse environmental impacts? Amazingly enough, the Town Board, as lead agency, answer this question with a definitive no, even though the zone change and project expansion proposed by Strong~s Marina includes an area of wetlands designated as a critical environmental area. What types of waste does the marina generate? What safeguards are Jn place to insure that paint stripers, oil, grease, acids, and heavy metals from electroplating operations won't find their way into the critical area? A vast increase in dry-docking facilities means more boating traffic on James Creek. What will the impact of this be on the environment? We don't know because not of these concerns and potential impacts was addressed in the SEQR Review and subsequent Negative Declaration. Yet in Part II of the Long Environmental Assessment Form the Town Board insisted that the proposed action would not affect any body of water designated as protected. But, upon what information was this determination made? In the issuance of a Negative Declaration the lead agency, and I'm quoting from the SEQR Handbook here, must have sufficient information to show that the impact will not be significant at the time it makes its negative declaration, and yet nowhere in the Negative Declaration is any information sufficient or otherwise cited to suggest the wetland area will be secure from contamination. A related lapse in the SEQR review concerns the issue of traffic. Despite the fact that the project calls for 25% increase in parking spaces, and despite the fact, that the Town Board's own consultant noted that a potential increase in traffic due to zoning did exist, no potential impact on traffic was ever cited or addressed by the Town Board. Quite the contrary, it appears that without any further information, the Town Board went ahead and declared that there would be no potential impact on traffic small or otherwise. The NFEC also finds problems in the Town Board's, quote, reasons for supporting the negative declaration. At various time the Trustees, DEC, and Planning Board are all cited as having future jurisdiction over the project at which point further assessment will be required. Reason #10 reads, the project is for a change of zone, and further review under the Planning Board Site Plan Review process will be necessary for any future action on the project site. However, quote, requiring that the applicant obtain the approval of another agency that it is already legally required to obtain is not a mitigation measure, end quote, and in no way adds any support to the Town Board's decision, as lead agency to issue a Negative Declaration. As lead agency, it ~s still the Town Board's responsibility to review the whole action, not just zone change, and their consequences even if several agencies are involved in such decisions. In addition, the NFEC wishes to remind the Town Board that, quote, the SEQR review of rezonJng focuses on whether changes could result in significant environmental impacts by reason of the change in use. A municipality should consider the most intensive uses allowable under the proposed zoning to judge potential impacts. If the Town Board had property evaluated the full project form the most intensive uses allowable under the proposed zoning and not just the use that the applicant proposes for now, it is difficult to imagine that a Pg.9 - PH Negative Declaration would have been issued. Also, contrary to SEQR regulations is reason #9. which reads, quote, the action appears to be consistent State Coastal policies under the Local Waterfront Revitalization Program with regard to promoting public access and use of the waterway. To the best of our knowledge the Local Waterfront report has not yet been released and is, in effect, a future study. This perhaps explains the Board's use of the phrase, appears to be consistent. In any case, SEQRA regulation are very clear that, quote, a negative declaration must be based on the facts available to the lead agency at the time of the determination. If an action is proposed in a Local Waterfront Revitalization Program area the effect of the project on the Local Waterfront should be addressed in an Environmental Impact Statement and findings. Lastly, the NFEC would like to remind the Town Board of the Court precedent set for SEQRA Procedural Compliance. In Rye Town, King Civic Association versus Town of Rye, it was decided that, quote, the town"s informal review of environmental impacts, not conducted according to SEQR's procedures was found to be inadequate. Strict, or liberal, compliance with the procedures was held to be required to ensure that the mandates of the law were met, end quote. An adequate and responsible SEQR review is imperative in order to property evaluate this zone change and project. As such, the NFEC strongly urges the Town Board to rescind its Negative Declaration on this zone change. SUPERVISOR WlCKHAM: Thank you. Would anyone else like to address the Town Board this evening? DR. HERB GROSS: My name is Dr. Herb Gross, and my wife and I have a home on Camp Mineola, which is south of Strong's Marina. I would first like to say that this is not my field. I have no knowledge of environmental impact, and the gentleman who spoke before me was much more eloquent, and much more prepared than I. However, I would like to say this. I'm a boat owner, and have been a boat owner for many years, and have been a customer of Jeff's for many, many years. I found him to be a gentleman, and enjoy keeping my boat there, and would still do so, if I had not disposed of it. I certainly would like not to stand in the way of his earning a viable and reasonable living. That is not my job. That's not my purpose in being here this evening, however, we have some problems now, that we have to face. The problem is that the noise is already untenable. The noise of the fork lifts in reverse gear is a major problem for us, and an increase boat population will clearly increase the noise. There's no doubt about that. The noise of the parties has already cause the problem with the peaceful use and tranquility of our home. Now, two weeks ago Saturday night, a week ago this past Saturday night the noise went on beyond ten o'clock. The Police were called, and they advised us that there is no anti-noise ordinance in this community, and so we were stuck with it. More boats will clearly require more fuel pumping, and more leaking petroleum products into the creek. More boats will also require the greater demand on an already delicate potable water supply, because more hosing down will have to be done, and more washing and cleaning will have to be done. More motors running will increase the noise including much more of the vehicle traffic. There's no doubt about that. There must be a way to solve this in which we can all live together in some mutually peaceful way, so that everybody's needs are met. Now, I don't have the answers to that, but I certainly don~t think that anything can completed, or drawn to it's logical conclusion without an impact study. Thank you. Pg. 10 - PH SUPERVISOR WICKHAM: address the Board? Would anyone on this side of the room like to DONALD R. BOYLE: My name is Donald R. Boyle. You read my letter. I would iust like to add that from my prospective, although I certainly don't consider myself to be in a position to contradict any of the other speakers, but my prospective as an adjoining neighbor, as I said in the letter, I'm concerned that the marina be able to continue to operate in an official way, and I just want to reiterate my concern, that no action would be taken, that would reduce the opportunity for them to have an ongoing business there. As I say, as an adjoining neighbor my worse concern is that, that operation would have to be run on a shoe string, and that would certainly have a negative effect on our property. Thank you. JOHN LYNCH: My name is John Lynch, ~235 Camp Mineola Road. I, as the others who have spoken, live in the vicinity, and we've dealt with Jeff for a number of years. I'm a boat owner, also, and I think the attraction to me of the North Fork is the water, and the boats. I been at Village Marine World, when Mark Watts owned it. They sold it, I went up to Charlie Witze up at Albertson, and then when Jeff got the marina I came back. It's a family operation. It's a type generate here on the North Fork. He marina, and I think he will be a good well. I think we can all get together and I think Jeff has taken that step, opportunity to do it. Thank you. of business, I think, we want to does a good job. They run a good neighbor. Dr. Gross expressed it as and make ourselves good neighbors, and I think we should give him the NORMAN MCCULLOUGH: I'm Norman McCullough from Mattituck. I'm a customer of Jeff's now. As a matter of fact, that little marina and I go back probably go back twenty-three, twenty-four, when Dave and Dottle owned it. We saw it get bigger, and sort of shift down hill, and I was very, very happy when it got back in the family. I think that Jeff is doing a wonderful job here. He has made the place, certainly, considerably better than it was. I don't think that what asks for will result in a large increase in boat traffic. I feel that restaurants, bars, etc. are totally out of the question for Jeff. As well, I think, he realized after trying to run a couple of microwave sandwiches purchased at the gas stop a couple of years ago, that his not a restaurateur, and won't intend to be. I think that the key to this whole issue is the scenic easement, that he provides, because that does not exist right now. This is residential property. It is quite possible for an owner of residential property, Jeff, or some subsequent owner, would like to build a house there, and rip the trees down to put in a driveway, or something like that, that is conceivably possible. If somebody wish to take the trees down to feed a wood stove, that is conceivably possible. He is actually giving up a significant part of his property to make sure that his neighbors are protected from the backside view of a boat yard, which isn't neccessarily the prettiest sight, but I think it's got a real good operation there, and the fact that he does employ twelve people year round, and provide a constantly improving service in the community should receive favorable action from the Board. Thank you. Pg.11 - PH BILL DOUGHERTY: My name is Bill Dougherty. I run Dougherty's Deli in Mattituck, and I, also, live in Mattituck. I~ve known Jeff Strong for the six years that I~ve had the deli, and on a personal and professional level, Jeff is a good friend, and I admire him greatly. He is the pack leader of my son's Boy Scout troop. He is on the Board of the Mattituck Chamber of Commerce, of which I am a member. Jeff and his staff are customers in my store, and I use his marina. I found Jeff to be a great community leader, a good businessman, and a great neighbor. I know how much heart Jeff puts into his community, and his business. I, also, know that he needs the change in order to be more aggressive. I ask the Board to approve his zone change. Thank you. CHRISTOPHER KELLEY: Supervisor and members of the Board, my name is Christopher Kelley of Twomey, Latham, Shea and Kelly. I'm here on the behalf of Richard Burden, from Ole Jule Lane, and some of the neighbors that have submitted petitions. I~d like to submlt those petitions of the neighbors, which simply ask that the declaration be resclnded, and the Town Board require the preparation of a Draft Environmental Impact Statement. The proposed re-zoning, as mentioned, was directlng to in the Planning Board memo would actually eliminate a buffer, significant buffer of the existing commercial property, to the neighboring residential neighborhood to the north. We think that something you have to consider carefully before going forward here. I don~t think that as the applicant describes this property was inadvertently zoned residential back when the Master Plan was done in ~88, '89. The NFEC representative mentioned quite a few reasons why the Negative Declaration be rescinded, and I would reiterate all of those, and not go into every single one of them, however, we must go with the story point. The story point, this SEQR analysis is that this is a type one action. A type one action has a presumption according, the presumption is that in almost all instances a Environmental Impact Statement will be required, because the legislative body has listed these actions, in this case the State Legislature, and actually the County has made this a Type One Action, because of it's proximity to the PeconJc Bay Estuary, has said that this is the type of action we deem significant enough, and important enough to require an impact statement. The requirement of an impact statement has a very Iow threshold. The threshold is, may have significant impact on the environment. We don't have to show that it will have a significant impact on the environment. The legislation in it's wisdom has determined that we be on the side of caution. In critiquing the analysis done by the Town's consultants, which led to the adoption of the negative declaration, it's clear is what they've done, the very prospective they took, is faulty. The prospective, that was taken here, was that rather than look at a vacant piece of residential property, which is what this should be, they presumed the legitimacy of commercial uses, that have illegally spilled over on to this residential property from the commercial property, that is already zoned M-1. If you start from that starting point it's easy to get into a slippery slope argument, well, there won't be much change here, if we rezone this to M-1, because it's already being used commercially. There's already boat racks there. There's already some structure on the site. There's pavement on the site. This is a disturbed commercial site. Well, it's not legally a disturbed commercial site. It's a vacant residential site, that has through the Town's lack of enforcement resulted in a partly developed commercial site. Now, the SEQR Pg.12 - PH Review should have started from the point that this is a residential buffer zone between this commercial operation, the marina, and the residential neighborhood across the canal. Now, with that starting point the question would then be, with the introduction of commercial activity on to this site for the first time, have an adverse impact of the environment, and the neighboring residential community. I think the inescapable conclusion when you start from the right starting point is, yes, it may, the very least may, and that triggers the need for an impact statement. Another thing that was not considered in the environmental analysis done by the consultant was the location of this property in a flood zone. Very candidly the applicant said, that he has seen three hundred year storms in the last several years, and that's been verified by my client, who says, he's seen flood tides wash over the property. That raises two problems. First, any new construction of this work building will have to meet minimum height requirements if the first floor were to be above the flood, above the flooding waters. He said he's seen three feet of water on the property. My rough calculation is that any first floor would have to be at least four feet off existing grade. That's something that should be considered in an impact statement, what that type of construction inside a flood zone, will do here. We also have the problem that this property is periodically inundated with storm tides, what does that do in terms of washing chemicals, residues, gasoline, the types of things that are found around the marina all year round, what does that do in terms of washing those substances into the adjacent creek and canal? Well, you can imagine what it does. It's very obvious what it does, and something should be considered in an impact statement. Perhaps the biggest concern is the increased density, and increased intensity of use, that this rezoning would allow, and that is something that should have been looked at with an impact statement. The applicant has stated here tonight that's he is talking about only adding winter storage. If that were the case, and he was willing to covenant to that, that these racks would only be used for winter storage, that might go a long way towards mitigating potential environmental impacts if he expands his marina. However, history has shown, and my clients have observed that the racks there are primarily used for high and dry use. Boats are taken down off them throughout the year, and launched into the water. So, what you have in essence then, is not solely winter storage use, but you have in essence an addition to the dock space there. You have the docks around the canal. You have the docks in the creek. You have racks that serve as docks, only the boats are taken down and launched adding to the traffic in the creek and the canal during the boating season. If they were only for winter use, that would be one thing. We anticipate that those racks will not only be used for winter storage, and that's of great concern from an environmental prospective. So, we think that should be looked at in an environmental impact statement. Traffic wasmentioned. That's an improvement concern. Water usage is a concern, because of the increase of water in washing down boats. We~ve had a saltwater intrusion problem, that help lead to the demise of the Norris condominium project not to far from here, so that's something that should be considered. We think the mitigation is proposed the fifty foot scenic is a start, but it's certainly not sufficient. Certainly much more is required, and that's something that an impact statement will help underscore. The County itself has said that, in terms of mitigation, that they would like to see this rezoning condition on no further disturbance of the shoreline. That's something that Councilwoman Oliva read. The Trustees have said that is there are any increased number of in-water boat use structures, that Pg. 13 - PH this would be the substantial expansion of the marina, and thus trigger the need for an environmental impact statement. I submit to you by allowing high and dry storage is virtually saying, it's allowing additional docks there. It's a substantial expansion. It's the same increase in boats going through water any summer day, and therefore it should trigger the need for an ElS. Most importantly, and this is from the conception point of view of SEQRA, when you at a rezoning you can't simply say, and take a blind eye towards what the actual practical expansion of a property with be. You can't just say, well, this is the rezoning stage, if he proposes additional boat racks, additional docks, additional structures. We can look at the environmental impacts of that later on in the Planning Board stage, or the Trustee stage. That's, first of all, not permitted under SEQRA, and it's irresponsible. The SEQRA requires you at the earliest possible time to take a look at all the foreseeable expansion and development, that this project will bring with it. What we want to do is have reasonable, responsible growth here. We're not trying to cut off his business, which will exist, presumable expand in the future. We just want to know Jt will expand rational, and reasonable, it will be well planned, and the impacts will be well mitigated. That's all we're asking you to do, and we're asking to do that through the process of SEQRA, which was the legislation was given us to do that with. So, we would ask that you rescind the negative declaration, that you consider these things that I and others have raised tonight, and ask that look at the impact statement before you take the next step, and consider this rezoning. Thank you. SUPERVISOR WlCKHAM: Anyone else in the middle section? BOB LAURICUET: I would like to make these environmental people aware of something. They open their book, and that's all they know. They don't say, oh, are we chasing our young people out of here, because we don't have jobs? They don't care if they have jobs or not. All they say is, if you drop a drop of oil, put the place out of business. Maybe a dozen jobs will go with it, they don't care. They never bring that up. Now, our town is involved in this right now. We're hurting businesses, chasing businesses, and chasing people out of this town. Young people can't find jobs here. Look at the environment, but look at the people also. We must consider the people. Do we have jobs for them? Does strict environment stop these people from working? If it does, we can't be so strict in the environment. We've got to compromise. F.M. FLYNN: I'm F.M. Flynn a resident of Southold. I~d like to address some of what I consider the important aspects of the subject zoning application. The accolades I have heard carry no weight in zoning considerations. Certainly there could be question in the minds of this Board that the applicant stands to profit substantially if this application is granted. It should be equally obvious to all that many neighboring owners will suffer damage as a result thereof. There losses will be both financial, and in the loss of the quiet use and enjoyment of their properties to which they are entitled by law. In terms of numbers, one owner will profit (tape change) New York State Court of Appeals has held in another context that the singling out of one property for the benefit of one owner, and to the detriment of other owners is the very antithesis of planned zoning. This principle of planned inequitable zoning would clearly be violated with the subject application to be granted. While the inappropriateness of this Pg.l~ - PH application based on zoning considerations alone is unequivocal, it is unfortunate that this matter, as so many others in Southold, has political overtones. I have been informed that the applicant has, for some time, operated and improved an illegal use on this portion of the property. This with the full knowledge of town officials. My observations over some fifteen years of residence have been that zoning regulations have been rarely enforced against certain property owners. As a result a modus operandi has developed whereby some property owners openly flout and defy Town zoning regulations. They do so openly feeling confident, and secure that the town will not enforce it's regulations, and that they will ultimately be bailed out by variances, and rezonings. Regrettable as I can personally attest this has been done with the full knowledge of some Town officials, and in certain instances with their active cooperation. Can the Board cite to me any instance were Town officials have had the moral courage to enforce the demolition of illegally erected structures? Does this Board intend to reward an applicant who has knowingly violated the Town's Zoning regulations by granting this application? Can you lay any claim to impartiality in good conscious, and to the future confidence of residents should you do so? Wide spread concerns regarding the political implications of this matter has also arisen from the man from which the application has handled. The entire Strong property is on a body of water classified as a critical environmental area, not to mention that SEQRA regulations apply within 500 feet of such an area. The subject property is also located in the district zoned for residential use in the Master Plan, and has a questionable means of access. A Long Form Assessment should have revealed, as is patently obvious that this is a segmented application. By law the impact of the operation of the owner's entire property on the environment must be considered. The fact that this segmented application has gotten this far brings the entire planning process of the town into question. There are obvious similarities to the circumstances surrounding the recent controversial approval of a parking lot for the Cross Sound Ferry. Now, who has determined that there would be no significant effect on the environment resulting from the proposed rezoning? What criteria were applied? It is my understanding of SEQRA that the proposed zoning change constitutes by definition a Type I action. As such, there are requirements for fully coordinated review, and it is likely that a DEIS will be required. It is incomprehensible to me, giving the structures imposed by SEQRA, that this Board has permitted this application to progress to the present public hearing. Surely under the circumstance cited the application does not merit approval. In conclusion I fear residents of SouthoJd can anticipate more of the same. The Board has employed, as consultants to the preparation of the Waterfront Revitalization Program, a staff weighted with marina operators, and advisors to the marina industry, who's expertise is in the area of maximizing marina operations and profits. I regret to say that the actions of this Board in these matters is more akin to what we voters rejected in the actions of the previous Board than we expected from this one. SUPERVISOR WICKHAM: Thank you. Pg.15 - PH JAMES HINSCH: My name is James Hinsch. I live and work in Mattituck. My family has done business with the Strong family for approximately the last fifteen years. We~ve always found them to be people of integrity. Jeff has revitalized and given life to a dying institution, which was the marina before he took it over. I believe that that is vital to the productivity of the town, and I would like to speak in support of the rezoning. PETER SWANN: My name is Peter Swann. I live in Mattituck. I've been a lifelong boating resident of Mattituck all my life. I've known the Strongs since they purchased the marina way back in the early ~60s from the Craigus. I truly feel sorry for the people that live on Ole Jule Lane, Wilsbergs, Cremmers, they're in the back. I've known them all my life also, but I~m not fortunate enough to have access to water, so I've been using the marina ever since Dave started it way back. I think we have to work together. I know Jeff has done a phenomenal job redoing it over the last three or four years, so I am in favor of passing it. Thank you, WILLIAM GREMLER: Town Board members, my name is William Gremler. I reside at 375 Kraus Road in Mattituck. I reviewed the literature that Jeff sent me, and I was pleased to see that the Planning Board, and the Trustees, and the County Planning Department all approved this application. I was pleased to see it, because it kind of made sense to me. It is compatible with the area that they are operating from right now. I, also, think, I've been living there for 33 years, and prior to the Strongs, the Crays operated the marina, they've always been very good neighbor, very good business people. I know the boys are doing real good down there. He's trying real hard. I think the easement that they are offering will mitigate a lot of these problems as far as questions of untidiness, or noise, and then of course knowing Jeff Strong I think that any reasonable request by somebody, like noise of a fork lift or something like that, would be met with his total cooperation. I support the project. RICH BURDEN: Rich Burden, 2800 Ole Jule Lane. I want to address three areas in my statement. One is an environmental statement, one is the zoning change, one is the ethics. The first on is the zoning change, and in that I wrote I want to point out zoning change, because I'm not complaining, and I brought a lot of people down here, on what's there now. What I want to bring in is what the future holds for us, and this is what the Board has to see. Right now Mr. Strong~s marina is full. There are no slips available. If you were to give him the M-1 on that property the only time, if you brought a boat down there, would be that you would have to go into high and dry storage. That's means a spot on the rack. Mr. Strong has fifty of those customers by his own admission to me. We've had numerous conversations back and forth. I~ve tried to compromise. I want it to be a compromise. Okay? He has fifty high and dry customers right now. The only way you could become a customer now, and keep your boat at Strong~s Marine is to become a high and dry customer. They have signs promoting it, say, SU~00., don't have to paint the bottom of your boat. I can go on and on. There's no more houses being built on the water per se in this area, so most of the new customers over the next quarter of a century will be people, who build houses, what happens now is, all those customers come to Mr. Strong, and basically are going to be high and dry customers, Pg.16 ~ PH or in the water. Everybody understand what a high and dry customer is. You call up a half hour ahead of time, your boat gets taken off a rack, and put in the water. We have three acres of property. The amount of boats..this isn't 190 feet that Mr. Strong is asking for, it's 190 feet that was it just like it was 100 feet of boats on that property, that was it years ago, but that's not what is happening here. He can put immense number of boats on his property. I don't know the exact number, but I bet it's probably in excess of 300 boats when you lay out the whole property on the land. That's 300 parked cars coming down my street. The problem here is that the town has a law that says, for a boat slip you have to have one car to one boat, but per rack, which is basically the same situation, not a winter storage customer, you have to have one spot for every three boats. I entrust this to you, Mrs. Oliva, as soon as you heard that the new boat was coming into town, and the situation developed that there wasn't enough parking, that there was going to be traffic through Orient. You wouldn't like a whole bunch of petitions in Mattituck saying, who cares about that boat? You didn't want that traffic through your neighborhood, just imagine the situation on a smaller scale. I don't want those cars through my neighborhood either. So, you think about that. Okay? The next part I want to address, there's more than just cars coming through here. Mr. Strong just got the Pursuit dealership. We all read it in the newspapers. That means that more boats get delivered, new boats. Those boats come down my street, Old Jule Lane, Kraus Road on tractor trailers. There's my kids driving around the block, dodging tractor trucks, boats, and fuel deliveries. This is not why I move to Ole Jule Lane. Okay? Now I want to address the question of ethics. Mr. Strong has not shown any inclination to compromise. I met with him two or three times. I asked him to make the racks two high, instead of three high. Okay? He told me this doesn't meet his needs. I asked him to down-size the building. You realize that basically the size of those boats, 3700 feet and 50 feet is a lot of area to work on four or five boats. He told me that he had project boats, that were much larger. Okay? But the building is very large. Okay? He gets his petition, and I saw it. It was very thick. He got his petition. A family member of mine was approached at a street fair, on a Love Lane street fair. Now, I don't think that's educating the customers, shove a piece of paper under his nose, and say, sign my petition. My petition contains the names of people from Salt Lake, Camp Mineola, and the people that it Js affecting. I'm not against the people that spoke for him. He is a nice person. He is a business leader. He is my own kid's Cub Scout troop leader, but the point here is that the situation is that the people in this community are severely affected, and we tried to compromise, and it hasn't been reached. The next is, that the property is being used illegally. Mr. Strong states all over the place that he voluntary came forward. Well, I don't know which came first the chicken or egg, but I called the Town Building Department today, and the Building Inspector told me today that a work stop order had to be issued to stop this project, so it doesn't that it's voluntary. This original project. . the cement foundation, the footings are already in. Okay? But, the project had to have a work stop order. SUPERVISOR WlCKHAM: The footings for what? Pg.17 - PH RICH BURDEN: For the racks. In other words, these racks set in cement tie leads. They get bolted to a cement piece that's poured into the ground, so that they don~t fall over. Okay? They're already in the ground. A work stop order had to be issued by the Building Inspector. Finally I want to talk about the environmental statement, and that is, that the addition of a 3700 square foot building..all the reasons the people brought up, the traffic, the boat, the water and the traffic. I would like to know how much water is used to wash all these 300 boats, possible, or more, in this area to wash them all down. Mr. Strong~s well has been pushed up all the way up to Camp Mineola. It's right at the edge of his property. He can't go any further off the property, and why was that well put there? Because he couldn't get good water. Okay? I want to say one other thing. Mr. Wickham, I ask you and the Board only to give us the voter, your neighbor, the opportunity, all we want is an Environmental Impact Statement. If this project was in your neighborhood, you would want the same consideration, whether you were for it or against it. That's all I'm asking. Give us the chance to see what the Environmental Impact Statement says. I might come back here in two years, and say, I willing to support the project. Okay? But, there are no limits, I want an honest answer. DAVE STRONG: My name is Dave Strong, and of course, I was the former owner of the marina. I wasn't going to say anything, but I would llke to address some of the misstatements, that are coming out here. As to the water thing, I live adjacent to the marina now. I no longer have anything to do with the marina. Needless to say, since my son owns it, I support his application. The new well was put in because we couldn't get water in our residence. So, that is why that is there. Also, if you look at the land that's shaded in yellow, that is proposed for the zoning change, you can see that it's an odd shaped piece of property. It's a natural thing for that to be zoned M-1 as the rest of the property, as it's surrounded by three sides by M-1 property. To use it as a residence I don't believe it would be viable in my opinion. I don~t think it was addressed properly in the Master Plan, but that's passed history. I think that what's going on now as far as the rack storage, Jeff has already said it, so I went go into it again, but it's the safest way to store boats, and that's what he's proposing. So, I would urge that you support this application. Thank you. PETER DEIFENDORF: My name is Peter Deifendorf, and I'm President of the Association of Marine Industries, which is a trade association made up of over 75 marine related businesses on Eastern Long Island. The Association's function is to provide a form for the upgrading of various marine related businesses in order that they can continue to keep the environment clean and safe, while continuing to provide public access to the waterways of eastern Long Island. We have reviewed the application for a zoning change for Strong~s Marine, and we highly endorse the plan. The cost associated with running a marina have escalated dramatically in the expenses than it's predecessors did. The small family marina with 100 boats is becoming a memory. The modern family marina must contend with many more regulations and expenses, than it's predecessors did. The waterways, the marine environment must be protected at all costs. This alone involves a tremendous expenditure of resource to grade the land, so the stormwater does not enter the waterways, to add marine pumpout stations, to upgrade fuel tanks, and pumping system, to stock new environmentally safe paints and cleaners, and to educate the work force on how to work on the Pg.18 - PH waterways without effecting the environment. Additionally, in order to keep qualified professional mechanics on staff, and provide them with an income to support their families, the modern marina must be able to attract customers who demand, and will receive good service. The Zoning change request for Strong's Marina will allow the marina to spread out it's operation more economically on it's land without adding boats slips, or additional traffic to the area. The marina will be allowed to operate more efficiently which will insure that the public excess to the waterway will be preserved. Additionally, the creation of a scenic easement coupled with new storage facilities will help to protect the marine environment, and will not take away from the beauty of the area. We endorse the zoning change, and ask the Town Board to approve the resolution, and allow Strong's Marine, Inc. to continue to improve it's facility, and operation, in order to preserve our environment for future generations. SUPERVISOR WlCKHAM; Thank you. Is there anyone else in the middle section, who would like to address the Board? ROSLYN CANFIELD: My name is Roslyn Canfield. I~m an employee of Strong's Marine. I~ve worked for Jeff for the last three years, and worked at the previous owners that went bankrupt. Jeff has, and will continue to improve it. As far as the high and dry boat there canlt possible be 300 more boats for high and dry. If it were I'd be gone. It just can't possibly be done, and strongly support the rezone. Thank you. BILL TUFANO; I'm Bill Tufano. I live on Camp Mineola Road, Mattituck. I've been there for thirty-seven years, as a summer resident. I sound like a old timer compared to your people who have been here sixteen years, and twenty years. I have seen, and have been on that marina since the Cray boys owned it , and sold it, and turned it over to Dave Strong, and then to Marineland, and thank Cod back to Jeff. The marina, that we have there is a necessary evil. It's enjoyed by all of us, the ones to be with a boat. As my neighbor, who I found out tonight, Mr. Boyd, wrote in his letter, you do need money in order to keep a clean efficient operation. Part of my enjoyment of living out here, after evening I take a walk, and I walk around the marina. I see what's going on there. Believe me, it's my backyard. There's nothing illegal going on there, now, with Jeff. As far as the oil spillage, etc., I had a gas station, and we ran an efficient gas station. Jeff is running an efficient operation. One of the shortcomings, that I feel that he or attorney didn't provide us with, is a chart to show the rest of us that sort of peninsula, that is there with that M-l, and R-80. What in the beck are you going to do with that R-807 Who~s going to build a house on that piece of property? It's being used right now as my non-conforming garage is on my property. It's there. It was there when Jeff bought it. What he's hoping to do is, get it to conform and go forward, and I don~t know what the heck..the environment we talk about, the DEC, and the SEC, until we're blue in the face, and it's the one that has the most money, and the guy that is going to persist is going to win with the DEC, but that's for not us to discuss here. Let's give Jeff a chance. He's working. I~11 be a watchdog. IHI still walk out there, and I~ve never had to say anything, or call and tell one time. Thank you. Pg.19 - PH JOHN HINSCH. Mr. Supervisor, women and men of the Town Board, my name is John Hinsch. I live on Peconic Bay Boulevard in Laurel. I thought Solomon had a difficult time when two women came, and pleaded for a baby. You may, or may not, know his recommendation. Cut the baby in half, and each take half of the baby. Obviously, the real mother would not let that happen. So, I guess you have to look when you deal with an issue like this to the fiber of the people, who are making the request, and not deny that fact. We can have all of the zoning we want. We can have all of the environmental studies we want, but finally it's going to come down to people. Whether they're sucked in to the person by the name of Jeff Strong to really stand up for that which right in town, or does he develop the business, and as he is incensed with the environment is really substance here, in my opinion, for decision. THORNTON SMITH: My name is Thornton Smith. I am a civil engineer, retired contractor, and therefore businessman. I have been a building inspector, and on the Board of Zoning Appeals. I~m on the retired list of Corp of Engineers. I've also been a resident, summer resident, Camp Mineola East about 500 yards from Jeff's property for 63 years. I remember the area when it was much different than it is now, and speaking to Mr. Burden I remember when Ole Jule Lane was nothing but a swamp. There are a number of people, who probably moved to Ole Jule Lane after that marina was started, and they should take that into account when they consider what might happen there. What has happened there ~n the past in now history. A lot of is is non-conforming use. It's not Jeff's responsibility, that it came that way. Jeff has pointed out to me that he needs about three hundred boats to make that property satisfactory. I want to point out to the Supervisor, that the footings which are in there, Jeff may not have permit for those footings. I'm not sure, but the footings, which are in there, are on his presently M-1 zoned property. They're not on the R-80 property, and his intention for expansion of racks is all on his M1 property, not the R-80 property. He already has on the R-80 property the racks that he would like. Jeff is in a position where he in order to make this marina viable with the increased costs, which are occurring in this business, have to have a marina of, I believe, his number is about 300 boats, and that's in either dry storage, or in the water. The only way for Jeff in the long run to make this marina viable is to allow him to have that amount of storage. I really find myself in strong objection to the North Fork Environmental Council, and also, to the Council here who represents the Ole Jule Lane people. Putting this thing back in SEQRA is like sending it off into bureaucratic never-never land. It would cost Jeff a great deal of money to prepare those studies. The result of those studies would be essentially that eventually the Town should allow Jeff to do approximately what he is doing, or wishes to do. The people who are opposed to this proposal would be much better to approach Jeff in a conciliatory way, and in some manner say, Jeff, we would llke you to make certain changes, or certain minor changes, to take care of the situation. That is a much better way to handle the situation, than to stonewall Jeff, making him go back to the environmental process, push this thing into the courts, and I think in the final analysis it would deteriate the environment of the people in the neighborhood. I do believe that this proposal should be approved. Pg.20 - PH JEANNE MARRINER: Members of the Town Board, I~m Jean Martinet, secretary and spokesperson for Salt Lake Village Association, a community of eighteen homes located directly across James Creek from Strong's Marina. Ruth Oliva read our formal letter from the President in which our members voted not to oppose the zoning changes. Because there was some reservations I have been asked to give some further clarification. As some members of the Town Board may recall Salt Lake Village has been concerned about reasonable expansion of Strong's Marina for many years. In the 1960~s when the marina existed as a non-conforming use in a residential area the Salt Lake Association, at considerable expense, took the matter to court, and our concerns were upheld by the New York State Supreme Court. Based on the Supreme Court decision the Southold Town Zoning Board of Appeals set a reasonable limit for the marina, a hundred boats as the combined total for land and water. At the time the marina had about fifty boats. During the early 1970~s the marina operated in a responsible manner. Expansion began in the late 1970~s, and continued through the '80s until Strong's Marineland went bankrupt. No town action was taken, perhaps because the Town was planning to change the zoning, and was busy drawing up a new plan, and code changes. In 1986, ~87 the Town held a series of hearings on it's new Master Plan zoning laws. Salt Lake Association was the only homeowners' group opposing the changes, which created an M-1 zone on James Creek, and removed the limitations which had been placed on Strong's Marina. Numerous other Town-wide organizations, and Town leaders, spoke out against the proposed zoning, and asked the Town to set careful guidelines for any change in zoning for marinas on fragile creeks in residential areas, but this was never done. In 1988 when Strong's Marineland installed the boat racks, the boat total exceeded 100 boats Salt Lake Association, again, took legal action, and Town responded by enforcing the limits. The excess boats were removed until January of 1989, when the Town Board voted four to two to pass the zoning changes, which changed the marina's non-conforming use to M-1. The two opposing Town Board members, and numerous other organizations made last minute pleas to the Board to hold up the passage until the proper guidelines on laws were in place. But, the four other Town Board members said, we'll pass it, and then fix it. When no period of action was taken during the next year several organizations, and private citizens initiated a legal action against the Town Board to force them to fix it. Salt Lake Village residents contributed to the legal defense fund, because the recognized that their property was being devalued by the marina expansion. This lawsuit was in progress until the present Town Board took office, when it was put in abeyance to give the new Board a chance to correct the mistakes of the past. Salt Lake Association hopes that careful attention to correcting the M-1 Code will finally happen, and the Town will recognize the need to insure the protection of the health, safety, and welfare of the residential neighborhoods surrounding the marinas now designated M-I. At this time Salt Lake Association recognizes that Jeff Strong since reclaiming the bankrupt marina has tried to be a good neighbor. Since most of the residents in Salt Lake Village use the services the marina provides, we recognize the need. We certainly are not opposed to helping responsible businesses in our town to flourish, to be good employers and contributors to the town economy. However, we also recognize the stresses that some businesses create on residential areas, and on the environment, and I think we, residents of Mattituck, have had more than our share of such stresses. We hope that this current situation will be intelligently addressed by the Pg.21 - PH Town Board. The Town has access to finding expertise that can help alleviate some of the problems, and determine a reasonable set to limits to control air, noise, and water and light pollution, and safety on roads, and waterways. The town, also, has a Tree Committee that could provide advise and perhaps defray the cost of planting salt water tolerant trees and shrubs to soften the visual air and noise pollution, and filter marina runoff, all of which Salt Lake Village has endured. In our boating travels my husband, and I have seen man attractive marinas, that are well screened and well controlled, so that all forms of pollution are minimized. In fact, the boating industries gives awards to environmentally compatible marinas. It is the hope of Salt Lake Village that with Town's help Strong~s Marina will be become not only an asset to boaters, but a visual attractive and responsible neighbor, so that the health safety, and property values of all the surrounding neighborhood do not continue to deteriorate. Thank you. SUPERVISOR WICKHAM: I would just ask people to please be brief. It's already 9:30, and I think there are other people in the audience, who would like to address the Board later on, on other matters. DEBRA PENNY: Good evening. My name is Debra Penny, and I have lived in Salt Lake Village for fifteen years, and I just wanted to confer with what Jean Martinet said. I~ve been a customer at Strong~s Marina, and I, also, have past experience running an office of a marina in Port Washington for eight years. His quality of work is excellent, and I would like him to be able to continue that by the improvements that he requires for his facility. I have not seen any negative environmental impacts in the years that I have been living in Salt Lake Village. At no time have I found the noise level at the marina to interfere with the peace and harmony I experience in Salt Lake Village. Bis occasional family type parties have never continued late at night. Jeff is a gentleman, and has great concerns to how his business effects others. He has done nothing but improve his facility in an aesthetically pleasing way. He is a good neighbor. I don~t feel that his improvements are at the expense of others at all. I feel, if anything, that the way he runs his business enhanced my property value. I urge that the Board approve his zone change to enable him to improve his facility, and better serve his customers. Thank you. GERDA CALLIS: My name is Cerda Callis, and I've lived on Ole Jule Lane since 1983. More importantly I've been involved in boating since 195L[, and I really feel the Strongs are not requesting anything that presents a problem. As far as the environment, that is not my area of expertise, but he is setting controls. I~ve been in a lot of marinas. A lot of them don~t even have the pump-out stations. They just don't want to be bothered. As far as the traffic, all the people who go to the marina travel through Camp Mineola Road, and Ole Jule Lane, not to pass my home, so if there were problem with that, believe me, I would say so. A lot of the traffic, a lot of the cars that go past, belong to people who live year round in the neighborhood. I walk a lot, as a lot of people in this room know, and I see the same people drive past six, eight times a day. The person who is going to the marina to use their boat is going to do just that, not make a trip to a grocery store or a restaurant, go to the movie, or anything. They're going to go to the boat. They're going to go out. They're going to come back to the marina, and they're going to go home. As far as the noise in the evening, I~ve been down in the marina in the Pg.22 - PH evenings, a lot of the noise, a lot of the music is not coming from the marina. I don't know where it's coming from. It's coming from Mattituck, but not Strong's Marina. Obviously Jn forty years I~ve been to a lot of marinas. Jeff runs a very clean marina. There are no old boats in there rotting. There are no old cradles. There are no old marine parts. He deserves a lot of credit for turning the marina around. In the last few years I've seen a lot of marinas go under. As far as the high and dry storage, as Mr. Burden pointed out they're going to have to call and have their boat put in the water. That means they're going to have to know in advance that they want to use this boat. That's going to minimize usage, because you're not going to have someone who decides at eight o~clock at night, oh, look at the nice sunset, let's go for a boat ride. The marina is closed at that hour. Unless they decided it's going to be a nice night at three in the afternoon, chances are you're not going to be able to go down there. It's going to minimize some of the traffic. So, I really think you should approve the Strong~s request. ROBERT WHITE: My name is Robert White. I have been a resident of Ole Jule Lane for about fifteen, sixteen years. I own a house in Mattituck, but I don't live in it full-time. I was an employee of the Strong family back in the early eighties. I want to just point out that during that time the Strong~s kept it very well, and they do have the highest ethical standards. I would like to point out that Jeff is in an intensely competitive industry. Right now, more than any other time the boating industry is subject to losing revenue from people that simply do all their own boat repairs, maintenance, etc. By nature of the fact, that Jeff is in this market, he will have a smaller profit margin for each boat that occupies the space at his place. So, yes, he will need to accommodate more boats. The way I see it, more boats, and more people that come along with h/m, bring increased revenue to the town, which the town sorely needs. He, also, provides more jobs for our young people. I know I probably couldn't have gotten through my high school days without having that summer job. In addition, the environmental benefits of the dry rack storage are significant. As any boat owner knows it's really expensive to have your boat bottom painted. You also generate a lot of toxic heavy metals when you sand it, and clean it. By dry rack storage you avoid both of these. The case was brought was about the well on Camp Mineola, which was put in for house water. You know, Jeff can use the infeeder wells on the property for boat washing, which does not have to be potage water. In addition, I~d like to point out that Mr. Burden, who has hired legal counsel, he's a neighbor of mine. He lives about five houses down from my parents, and those two houses are neither within sight, nor earshot, so I would question viability and the cause other than personal theme trip of him bringing this matter to light. SUPERVISOR WICKHAM: this side? Anyone else who wants to address the Board on FRANK CARLIN: I want to agree with this gentleman right here about the NFEC. He had a comment, and I want to make my comment. Everybody else made a comment here. I'm entitled to my comment. He made his statement, I can make mine. SUPERVISOR WlCKHAM: Address the Board. Pg.23 - PH FRANK CARLIN: The trouble with them is, they want everything their way, and no way. What they should be concerned with rs like the problem we have with the brown tide. They're always involved with a job that is created. For example, MacDonalds is building is creating forty-five jobs. They don~t want a MacDonalds here. See what I~m talking about? What they should be involved in they are not. I~m going to keep this short. It's going to be interesting to see what happens if they open up the YMCA at Laurel Lake, when that raw sewage goes into the lake, and the chlorine goes into the lake, I want to see if they're going to get involved in that. No one is going to think they should be involved instead of worrying about a MacDonald. It was short tonight. You're lucky. (tape change. RICHARD NANCARROW: They employ twelve people. It contributes to the economy of the town, and the tax base. I think we should make every effort to approve his request. Thank you. STEVE BUSH: My name is Steve Bush, and I live on Peconic Bay Boulevard about ten house west of the Strong's marina. I personally have a boat there. I~ve had a boat in Peconic Bay, and Great South Bay for the last ten years of raising five boys. We love boating. That's what we love. We have been up and down every creek in Peconic Bay, and Southold Bay, and Creenport and Sag Harbor, and we have found on a whole, not just Strong~s Marina, but the marinas are doing a better job with the environment than the homeowners, that live on these creeks. I think if you force him to go, and do an environmental study you ought to force these homeowners to do an environmental study, because I~m a practical man, and I see that the homeowners are doing more damage than these marinas, and I'd like them to straighten up their act as much as the marinas have already straightened up their act. I think the marinas are doing a great job, and I~m all in favor of him expanding his operation, and keeping it clean a lot better than the home onwers do. Thank you. SUPERVISOR WlCKHAM; Tonight we've heard an opportunity for the marinas to straighten up their act, the homeowners to straighten up their act, and even the town to straighten up it's act. Maybe we can pull this hearing to a close. We've heard a wide range of opinion. I think it's been helpful to me, at least, and think other members of the Board. I~d llke to draw this hearing to a close. If everyone has had an opportunity to speak once, which I think they have had, unless there's a compelling need for some additional testimony, which I hope there isn't, I'd like to continue the resolutions for tonight, because I know there are people here who would like to address the Board on other matters. Is this compelling to the applicant? Is it compelling information to the Board? Is it very brief? CHARLES CUDDY: Charles Cuddy. Mrs. Flynn and Cuddy have Irish blood somewhere. This is going to be brief. I would like to point out to the Board, that this Town has never been shy about Environmental Impact Statements. You know that, and I know that. I know that personally. There's nothing wrong with the environmental process that's going on here, and it's been going since the Trustees did it in January of 1995. The environmental process has been adopted here with a negative declaration is absolutely correct. There's no question in my mind about that, and I'm here to defend that. Mr. Kelly, you and I will environmental litigation for ever, and that's what you would love. You would love to have more impact Pg.2~. - PH statements, so you can have more litigation. Mr. Flynn, I think the town should know this. The history of this application is absolutely important. The history is simply this, that this Town did enforce the law against prior owners, and they were fined thousands of dollars. The Town was not in the wrong what so ever, Mr. FIynn. Jeff Strong came along, saw the problem, and is attempting the cure the problem. He is here tonight to try to cure the problem. The town did fine prior owners. The town did know, and so did Jeff, and Jeff is coming to do the right thing. SUPERVISOR WICKHAM: Mr. Flynn, could you confine your comments to three sentences? F.M. FLYNN: Yes, Are there or are there not illegal improvements on that property? If so, why hasn't the Town have them removed? has the Town been aware of their existence? One collateral statement, I believe I overheard that the projected building is to be 3700 square feet? SUPERVISOR WlCKHAM: I would like to draw this hearing to a close, and thank those who have offered their testimony, and comments. I think it will be helpful to the Board. I declare this public hearing closed. SouthoJd Town Clerk BOAT LESLIE K James F. King 220 East Mill Road · Mattituck, NY 11952 · (516) 298-4718 July 26, 1995 Members of the Town Board SoJthD]d Town Hell 53095 Main Road Southold, N.Y. 11971 RECEIVED ,JUL 2, 1995 ,S,~uli~,old Towr~ Clerlr Osar MemOers, Since I was unable to attend your public hearing con:ernin§ a change nf zone of premises o~aed 'by Strong's Marine, I would like to submit the following comments for the retched: I am a commercial lobstermsn and have resided on Mattituck Oreck since 1966. i Live directly across from Ma~tibock Inlet Msrina and Shipyard. I am familiar with all aspects of this type of business. Strong's ~srina is a local business owned and operated by local people. They provids jobs, recreational boating apportw,ait~es to many people and contribute substantLally to our local economy and tax base. Strong's Marina has survived some very trying times For this type oF business. They maintain ~ clean, attractive and well-run facLlity. Our town leaders should recognize bhis and help them remain successful. In my opinion this family owned and operated business zs an asset ou~ community ann there ShOdld be no question Lha~ their reques~ fo~ change oF zone be approveO. Thank you fo~ your consideration, July 25, Salt Lake Association, Inc. Salt Lake Village, Box 400, Mattituck, N.Y. I1~52 ~ Commun~t~ of ex~nteen,homes.located directly across ames ~ree~ from ~rong s ~arlna. J~nne .Marriner, Secreaary/Treasurer and spokesperson 1995 - Town Board Hearing regarding Strong's Marxna. Summary of Salt Lake Association remarks: SLA does not oppose the change in zoning for Strong's Marina. However, because ~he marxna ~s locaued ~n a pre-ex~st~ng ~eslden~a~%and was formerly a non-conforming use limited to 100 boaus, SLA residents believe that the Town has a responsibility to che surro_~unding residents. The Town should require a site plan that includes vegetation and~o~r~~ screening ~o ~ne west and south in addition to ~he proposed 50' buffer· '£his screening would help soften visual impacts, cut down on air and noise pollution, and contain run-off into the creek from ~ne marina. The ~own should determine ~o~ form of l~m~t~t3~on as to number of Doa~s needed to make a reasonable profit and now the strucsures (boat racks and Duildings) can be located so as to lessen ~he negative impact that the marina has on ~he proper~y values of Sal~ Lake Village~ ~~ ~bo~& . The languag~ o~f_~he M-I code should be better defined to ensure that ma£xnas located on ~f~i-~e~creeks in residential areas comply with standards that protect both the environment and the property values of the surrounding areas, while allowing reasonable profits for the marina owners· Salt Lake Association recognizes that Jeff Strong, since reclaiming the bankrupt marina, has tried to be a good neighbor. Since most residents in Salt Lake Village use the marina services, we recognize the need and are not opposed to helping responsiDle businesses in our town to flourish. However, we also recognize the stresses that some businessess bring to residential areas and to our natural resources. 6. The Town has access to planning expertise 5hat can help make Strong's Marina a~visually attract~ve,-env~roh~entally safe asset in a residential area. The Tree Committee could advise, and perhaps help defray the cost of planting -~alt--~-atef t~-~er~n't trees a-~d shrubs ~o help alleviate some of the visual, air, noise, and light pollution and filter run-off into the creek. ~t is the hope of Salt La~e Village residents that, with the Town's guidance, S~rong's Marina will prove not only an asset to boaters and its owners, but also ~n asset to surrounding property owners. We look forward to one day when responsible Town officials finally "fix" the inadequacies of tne 1989 zoning amendments. the undersi§oed petition the $outhold Town Board to vote itl favor nf the proposed chan~e nf zone from R-80 tn HI for Strong's Narine, Ioc. ~e believe th~s zone chaoge ~hm~ld be granted [or tho [ollow~ng reasons: Hueh of this property has been used for heal: sto~age for approximately 15 years. Strnng's Marine, Inc. bas pro@osed tn have d~eded to the property a 50~ ~/-~ scenic easement bHf[er nn the nOFLherO border el property to creat~ a na[ural boiler '['o~o Tl'~sl~e,~. Plannillg [~ard. Environmental and County StlppOr[ has already been received. They feel this re-zoning is consistent with the To~n direction aod the int~-nsity of use will not significantly increase. Date Name SJgnatura Address .~ I . ~ , / ~ ~ / I~ ~ O - .) /. ~ ~ ~ -~ . ' the mldersigned petition the Southold Town Board to vote in favor of the proposed chao§e nf zone from R-80 to HI for Strong~s Marine, Ine, I~e believe this zone change shnHld I~e grao[ed for lbo followin§ reasons: 1. Moch of this propeity has been used for boat storage for approximately 15 years. .qtroog'~ Marine, Inc. has proposed to have deeded to the property a 50~ i4/-) ,~ceoic eaFelllellt bolt[er O0 the northern border off property to create a natural bur[er Tl~wrl Tro.qte~s, Planning I~oard, Enviior~ment. al and County support bas already been lec~ivpd. They feel this re-zoning i~ consistent with the Town direction and the iolpnsity o£ iise will noL significantly increase. Date Name Signature Address WP Lhe undersigned pet'it ion the Snulhold Town Board tn vote Jn laver o[ the proposed chan~e of zone from B-80 to N[ fo~ Strong~s Marine, Inc. ~/e belleve thls zone change should be granted for the following reasnns: Much of this p~operty has been used for boat storage for approximately 15 years. ,~tron~'s Halh~e, Inc. Da5 p~oposed to have deeded to the propert~ a 50~ (+/-) scenic oaso~eot buffet on Lhe northern border of property to create a aatut'al bullet T.wn 'F~nstoes, Planning Board, EavJ~oomental and County snppolt has already been ~eco~ved. They foel this re-zoning is consistent wlth the Towa direction and the inlensit, y nf ose will not significantly increase. Add tess ~l~ tile uodersigned pPti!ion the Southold Town Board to vote Jn favor of the proposed change of zone from R-80 In MI £or Strollg's Harioe, loc. ~e be] ieve this zone change should be granted far the followiiIg reasons: I. Hueh of this p~operty has been used for boat storage for approximately 15 years. Strong~s Harioe, Inc. has p~'oposed tn have deeded to tile property a 60~ (%t_) scenic easemoot bui'fer on [tie northero bordel of property Lo create a ~l;ttural buffer Towo Tlnstees, Plaon~ng Board, Envilonmenta] and County ,qopporl has already been received. They feel this re-zoning is consistent with the To~n direction and the inteosity of use will not. s~gnifieantly ~nerease. Da to Name Signature Address We the undersigned petition the $outhold Town Board to vote in favor of the proposed change of zone Fido R-80 t,, MI For Strong's Marine, Foe. We believe this zone change should be granted for lite Following reasnns: 1, Much of this property has been used for boat storage for approximately 15 years. St~ong's Marine, loc, has proposed to have deeded to the property a 50' (+f-) scenic easement bnfFer on the nnrthern borde~ of property to create a oatural buffer [-orever , Towo Trustees. Planning Board, Environmental and County sopport has already been received. They Feel this re-zoning is consistent with the Towo direction and the int~msity o£ nse will not significantly increase. Date Name Signature Address We the undersigned petitSnn the Southold Town Board to vote in favor of the proposed change of znne from R-80 to MI for Strong's Marioe, Inc. We believe thSs zone chauge should be granted for the following reasons: 1. Much of this property has been used for boat storage for approximately 15 years. St~ong's Ma~ine, Iuc. !las p~oposed to have deeded to the properly a 50' I*/-) scenic Pasement buffer oo the northern border of property to create a oatural bnffe~ T~wo Trustor. s. Plaoning Board. Enviroomental and Cnunty ~qoppo~! has ,already been received. They feral this [e-zooing is consistent with the Town direction and th~ intensilv of use will not significantly increase. Add tess We' the uudetsigned petition the Southold Town Board to vote in favor of the proposed chaoge of zone from R-80 to MI [or Strong's Marine, Inc. We believe this zone change should be granted for the following reasons: 1. Mnch of this property has been used for boat storage for approximately 15 years. .qtrong's Marine, Inc. has proposed to have deeded to the property a 50' ¢*/-) sceai: easement bnffer on the northern bolder of property to create a natural buffer forever. Town TrostPem, Planning Boa[d, Environmental and County snpporl has already been r~ceived. They feel this re-zoniug is consistent with the Town direction and the in~ens'ily of use will not significantly increase. Date Name Signature Address JUDITH E. LYNCH 4235 Camp Mlneela Road P.O. Box 890 Mattttuck, New York 11952 May 19, 1995 Town Board Town of Southold Main Road Southold, New York 11971 Re: Application - Strong's Marine, fnc. Dear Board Members: I reside approximately one thousand feet south of Strong's Marina, and have recelved information concerning their request for a change of zone to M-I Marine Use. I consent and agree with the petitlon and would request that you grant their application. There has been substantial improvement and upgrading at the marina which has had an overall upgrading of our community, and the convenience of a marina tn our community is a substantial asset. I am a boat owner and had previously utilized Village Marine for a number of years until Jeff Strong reacquired the Marina and commenced the improving and upgrading of ft. One of the substantial assets of the Town of Southold is its proximity to some of the best water In the world, and the facilities for the boating public is an important part of that activity. Please grant Jeff Strong and Strong's Marina the ability to continue their upgrading and improving of the marina, which is a credit to our community and to the Town of Southold. Sincerely, JUDITH E. LYNCII JEL~ x:x,t-, d PHIL Salt Lake Village Asaociation, P. O. BoK 400 Maetituok, Now York 11952 July 14, 1995 Tow~] Trustees Town of $outhold Southold, New York REI St. rong's Marina Zoning Application from RS0 to M1 Dear TrUStees, The Salt Lake Village Association, Inn., held their annual m~ting on July 1, 1995. At that meeting the matter of Strong's Marina zoning application for a change of zoni~%g wa~ discussed at length. While the Asaoelation voted unanimously with q~orum not to oppose the zoning change, we did have ~erious ¢onoerns rereading the d~tail~ of the proposed development that will result from this oha~e. Thsy are as follows; 1) This marimba has grown over the years and w~ believe that a reasonable final limit be plac~ on any expansion, incl~ding the chaBG~s that may be brought about by the zon~n~ chan~e. 2} We ar~ extremely concerned over the environmental aspects of such a use in Jaales Creek and thc surrounding waters. These environ~e~tal aapeots include, potential fuel pollution, li~htlng pollUtiOn (extension of area lighting whioh might impact the marina's r~idential nel~)~ors), proper sureeni,~g both natural and man made of. the mar~a from ~t~ neighbors and noise pollution. Th~ ~arina is surrounded by residential n~ighbo~hood~. Careful attention to the detail~ of the possible ~xpansion and change8 brought about by th~ change in zoning must be followed, we wish to be kept in£ormed of th~ progress in this matter. Please continue to contact us in this regard. We bell~v~ that ~ood eo~unioations and good planning will allow the De].ghborhood and the marina ~o m~tually co-exist. ba~tlY, we are eBoloslng a l~tter ~rom the marina outlining several items in this regards. Deviation from this memorandu~ by the marina would oause us noncom, Thank your fox your attention to this m~tto~. Sinoorely, Steven F. Techet President YOU ARE IIEREBY GIVEN NOTICE: 1, That h Is lite Intention el, the undersigned to petlLlen requesta chanqe of zone of Lhe oremJses oWfled by 5[rona's Marine. Inc.. attached map 2. ~hat lbo property which b Ihe subject o~ the Petltla~ Is located adjacent to your properly and Is des- crlbed~ollow~: NorLh by canal 3. That the property which Is the subject or such Petition Is located In the l.ollowlng zoning dlslrlct: R-80 ResldenLia! 4. That by such PellUon~ the underslsned will request that the above-described property be placed In the I'ollowhlg zone district classification: H- ! Ma r ! ne $. That within l,lve days l,rom [l~e date hereof', a wrl[len Petition requesting the relief, specll.led above will be I'lled In Ihe 5ouUmld Town Clerk's Ol'l,lce at Main Road, Southold, New York and you may then and Ihere examine the same during regular ol.llce hours. 6. That before Ihe relier' sought may be granted, a public hearing must be held on the matter by the Taw, I]oard~ that a notice el~ such hearing must be published at least ten days prior to the date' oi' such hearing In the Sullolk Times and In lite Leng Island Traveler-Matdtuck Watchman, newspapers published In the Town Soul. hold and designated [or the publication ol'sui:b notices; Ihat you or your representative have the right to pear and be heard at ~uch hearing. Dated: Apr] I O~ , 1995 PeUlloner /S/'I~NG'S ~A~-INE, INC." PoslOfflceAddress: c/o CllarJes R. Cuddv. As ALL0r~ev t80 Old CounLry Road, PO Box 1547 RJverhead, NY 11901 Tel No. 36g-8200 William Pyum~ Camp Mineola Road Mattituck, NY 11952 Town Board Town of Southold Main Road :{outhold, NY 11971 RE: Application - Strong's Marine, Inc. £1ear Board Members: I reside approximately one hundred feet south of Strong's Marine and }]ave received information concerning their request for a change of zone to M-I Marine use. I consent and a~ree with the petition and would request that you grant their application. There has been substantial imr-.rovement and upgrading at the marina which has had an overall upgrading of our co,~nunit~, and the convenience of a marina in our community is a substantial asset. I am a boat owner and had previously used another marina for a number of years until Jeff Strong reacquired the Marina and commenced the improving and upgrading of it. One of the substantial assets of the tows t,f ~-outhold is its pro.~;imity to some of the best water in the world, and the facilities for the boating public is an important part_ of that activity_ Please grant Jeff Strong and Strong°s Marine, Inc., the ability to continue their upgrading and i~]proving of the marina, which is a~m~redit to our co,mnunity and the Town of Southold_ '~i tJ~iam Pymm W~':ak CC: Strong's Marine, Inc. Donald R. Boyle 2800 Camp Mineola Road Matiituck, NY. 11952 July 19, 1995 Town Board Town o[ Southold Main road Southold, N.Y. 11971 [3ear Board Members. I am writing in regard to the pending application by Strong's Marine Inc. t'or a rezonlng oi' part of their properly on James Creek In Mattltuck from R-80 Residential to M-1 Marine. I am both an adjoining neighbor and a cUstomer. My Wife and I own the pmpedles Immediately across Ihs mad [rom [he eastern most end of the dock area. Mr Sirong has personally reviewed the zoning request with me and has described the Intended use ol~ the property. I am satisfied that the planned changes {o h*s operation would not be harmful to the area and that he has taken into consideration the concerns of his neighbors. The voluntary restrictions on the height of the storage reck~ and the size and use oi' the proposed building as well as the creation oi' the scehlc easement ensure that the Initial changes Will not be followed by less desirable ones at a later th'ne. I would add that this Is consistent with his usual way of conducting business In that he routinely shows W.~a[ I feel Is an exceptional conslderalion [or his neighbors. On that basis, I support his plans. Additionally, It is Impodant to rne that no restrictions be created thai would Interfere wilh Mr. S[rong's ability to maintain a viable and profitable business on the site. The worst situation [rom my perspective would be [o adjoin a business ~ha[ could not afford to be a good neighbor because of Its inability to meet Increasing operating cosl~ with additional Income. The opportunity [or Mr. Strong to conduct his business In a profitable way Is not only Import. ant to him but also to his neighbors. I remember clearly that Just several yeall~ ago we were faced, with that very ' concern when the previous owners of Ihs marlna,?ent bankrupt. Please approve the zoning change as applied i'oi' by Mr. strong In the Interest not only or supporting a local business but also out oi' consideration for his residential neighbors. Yours truly, Donald R. Boyle July 13, 1995 Town Board Town of Southold Main Road Southold, New York 11971 Dear Board Members: I have been a customer of the Strong family ior over 15 years. When they sold their marina I moved my boat. The level of service, friendliness and cleanliness I had become used to, was no longer the same. Approximately three years ago when Jeff and Re Strong purchased the marina back, I moved my boat back to Strong's. Since that time they have brought the service back, have substantially improved and upgraded the facility which has increased our enjoyment and it again is a very friendly and "customer conscious" business. I believe their zone change request is reasonable and sensitive to the local neighbors. In no way do I believe the impact of this change to be harmful or detrimental to the surrounding area j envi- ronment or local residents. Please grant Strong's Marine their zone change request from R-80 to M-1 which will enable them to stay in the community and continue to improve the environment. Jeff and Re Strong's efforts have always been positive and for the betterment of everyone concerned. I sincerely request a favorable decision in their behalf. Yours Truly, lC or . Catalano VEC/sb ]'LIL £=, ' FJ6:O4PH KOBS & 14FT RAYMOND FEDYNAK 2337 WEBSTER STREET NO. BELLMORE, NY 1171o 516 781-9596 P.t July 25, 1995 Southold Town Board $outhold, NY To whom it may concern: As a resident and taxpayer of Southold Town residing at 155 Faye Court, Mattltuck, NY 11952, I unfortunately cannot attend the July 25th Southold Town Board meeting. It is my Intent though to inform the honorable members of the Town Board that I believe that Jeff Strong's appeal to change the zoning from RS0 to Mlat Strong's Marina should be In essence approved_ I would like to make a stipulation that part ol the area on the north eide of the marina be designated as forever as a buffer zone or undeveloped aa Jeff Strong has proposed in his plans, Thank you for the opportunity to express my views to the Southold Town Board, Sincerely, We the undersiBned petition the Board of Trustees in the matter of l)ermits applied for by Strong's Marina Inc SCTM t! 122-4-44.2 We believe all permits should be denied at this time for the ['oilowin5 reasons: 1. Jeffrey Strong as an offical of Marineland and now as President or stron~,s Marina Inc has continued to i~nore the Town requirements for permits until hr was stopped this summer from adding yet another illegal structure. 2. Fifteen of the sixteen items for which permission is sought bare already beer built on land which is zoned Residental~40 and are inappropiate iron conformir uses. j. The application permit falsley claims the Marina is MIl it is only R40 and Mi ~. The neighborhood objects to the noise and traffic pollution caused by the Marina. 5. Boat operators from the Marina cause hazardorous conditions on the water at the entrance of James Creek. 6. The ~xisting boat racks are illegal ~n an R40 zone and are an eyesore to the community. 7. The Marina is overcrowded with upwards of 220 boats in the summer, far more than should be allowed. 8. A clubhouse on R40 property is not a permitted use. 9. The Marina is located in a residential neighborhood and a sizeable Marina is Address: Let it be known that the following are opposed to the expansion of Strongs Marine Inc. We demand a Enviromental Impact Statement and a No Vote on his application for M4 status. Let it be known that the follow~g are ~pposed to the expansion of Strings Marine Inc. We demand a Envirornen~al Impact Sta~ernent and a No Vote on his ~j~lication for M4 status. Let it b~ known mat the folloWing am opposed to the expanSion of Strongs 114~ri~ I~c, We demand a Env/rom~ta! Impact Statement and a No Vote on his (5~,'' / ,' . ; . / NORTH FORK ENVIRONMENTAL OOUNOIL P.O. BOX 799 MATTITUOK, NY 11952 traffic:_ De=~pzEe Lhe face that LIne ~ro]eoL oalZ_% for a 25~ LT .L n THOMA,~ A TWOMEY. JR STEPHEN B. LATHAM JOHN F SHEA III CHRISTOPHER D. KELLEY TWOMEY, LATHAM, SHEA ~ KELLEY July 25, 1995 AMY B TURNER OFCOUN~EL Town Board Town of Southold 53095 Main Road Southold, New York 11971 Re: Application for Change of Zone of Strongs Marine, Inc. Dear Supervisor Wickham and Members of the Board: This office represents Richard Burden, a resident of Ole Jule Lane in Mattituck and other neighbors who have signed petitions in opposition to the proposed rezoning and in support of the requirement of a draft environmental impact statement (DEIS). The proposed rezoning would eliminate what has been recognized as an area of buffer between the current M-1 Zone occupied by Strongs Marine, Inc. and the residential neighborhood to the northwest. Because of its proximity to the Peconic Bay Estuary, the project is considered a Type I action pursuant to the State Environmental Quality Review Act (SEQRA). Type I actions carry with them a presumption of environmental significance. That is, they are presumed more likely than not to require the preparation of an environmental impact statement. Given this presumption, an agency must meet a significant burden to avoid the requirement that a DEIS will be prepared. In this case, that burden has not been met. First, a review of the June 22, 1995 report of consultants, Charles Voorhis Associates, submitted in support of the negative declaration issued by the Town Board on June 27, 1995, approaches the project not from what change the rezoning will have on an existing residentially zoned piece of property, but rather from a perspective which presumes the Town Board Town of Southold July 25, 1995 Page 2 legitimacy of the current non-conforming use of the site. It is submitted that this represents an improper application of the SEQRA regulations. What is apparent from a review of the file is that commercial uses by the applicant have illegally spilled over onto this residential property. Asphalt pavement, girders, racks for boats and other commercial structures either spill over onto the residentially zoned lot or are located too close to the property line of the M-1 Zoned lot. It has not been established that these were ~ ~1~, non-conforming uses or structures. Since they have not been established to be pre-existing, non-conforming structures and uses, but only non-conforming structures and uses, it was improper for the consultants and thus the Town Board to take the position that this was the given state of affairs on the property and to change it to M-1 use would not be a significant change. Taking this perspective allows the applicant to bootstrap himself into a position of obtaining a zone change merely by illegally using the residential property. This is no way to expand a business, no way to do proper planning, and certainly, no way to do a proper SEQRA review. What the consultant has essentially said in the report is that allowing the applicant to continue his previously illegal use of the property would not present a significant change from the status quo. This is not an appropriate SEQRA review standard. The proper review under SEQRA is to look at what the legal use of the property is, and whether the proposed change in use may have a significant effect on the environment. If the change may result in a significant effect, then a DEIS is required. Second, nowhere have the consultants mentioned the fact that the project is located in an A-4 Flood Zone and within the last 3-5 years has been inundated almost on a yearly basis by flood tides. Under Chapter 46 of the Town Code, the first floor of any new construction would have to be constructed above base flood elevations which may require the proposed first floor of the new shop building to be elevated 4' above grade. The Board has also failed to consider what would be the impact of periodic overfloods of the site with the inevitable release of marine related solvents and other pollutants into flood waters. Third, it is our understanding that there exists a right-of-way along the northerly boundary of the M-1 property that benefits a Peter Kreh, which right-of-way would be obstructed by the proposed construction on site. This is the type of access and planning issue that should be addressed in an environmental impact statement. Town Board Town of Southold July 25, 1995 Page 3 Fourth, the consultant's report contains an inadequate discussion of the possibilities for expansion of the marina on the site. While it is said that the proposed additional boat storage racks of 190 linear feet are for winter storage, in fact, it has been observed that the current use of the racks on site is not simply for winter storage of boats, but to accommodate storage of boats throughout the boating season. It substantially increases the use of the dredged canal and James Creek by the applicant by in essence providing additional dock space. Boats are removed from racks and launched into the creek on a daily basis thereby increasing boat traffic significantly on this narrow, poorly flushed tributary. Nowhere in the analysis is sufficient consideration given to this impact on the creek and the canal from the extra boats that will be acco~unodated year round and allowed to launch from this site. The limited access to the project site for emergency and fire vehicles is also an issue which is not addressed at all in the consultant's report. The property does not have access onto a public road, but gains access by means of a right-of-way and a series of private roads out to New Suffolk Avenue. By granting the additional M-1 use, the commercial capacity of this site is drastically increased as well as the potential for fire hazards. This has not been adequately addressed. Fifth, nowhere is the additional traffic impact addressed on Ole Jule Lane and Kraus Road. Ole Jule Lane contains a long settled residential community that already suffers from significant traffic generation from the marina. This will only be made worse by the increase in the commercial capacity of the subject property. Sixth, nowhere is additional water usage addressed. It is well known in this area that salt water intrusion is a major problem. It was a significant issue when the Norris Condominium project was proposed, and it continues to be a problem. If the boat storage and usage capacity of the property is increased there will be that much more water usage due to the washing of boats and commercial activity on the site. What will this do to the wells in the surrounding area? This should be addressed in an environmental impact statement. Seventh, the proposed M-1 zoning of the site would allow essentially unlimited expansion while at the same time virtually no mitigation is proposed. The only mitigation proposed is a scenic easement along the northern portion of the site which does not even extend around the inlet off the dredged canal to the north. This is all that is proposed in spite of the fact that the County Planning Commission in its recommendation has conditioned its approval on "no further disturbance of the shoreline area and no new mooring Town Board Town of Southold July 25, 1995 Page 4 facilities," and the Town Trustees have said that if "the marine and boat use structures are placed in the water adjacent the new zoning proposal, then it would be a substantial expansion of the marina and would warrant an environmental impact statement." Without mitigating the proposal by restricting it at the time of the rezoning, the Board is leaving the door open for this type of expansion which may have a significant effect on the environment. Accordingly, an environmental impact statement should be done at the rezoning stage since under SEQRA such a review must be done at the "earliest possible time" in the development of a project. It is not sufficient to wait until the applicant comes back in at a later date for expansion of its marina with additional docks or boat racks. An overall plan should be done for the site at this time, and reasonable growth should be taken into account so that appropriate mitigation or alternatives can be evaluated in an environmental impact statement. Eighth, nowhere in the consultant's report is mention made of the potential for significant noise and disruption of the adjacent residential community, which would be attributable to the expansion of the marina. This should be addressed in a DEIS. In sum, this project has not gotten sufficient environmental review to allow the town Board to make an intelligent decision about the rezoning of the property. The negative declaration made by the Town Board should be rescinded and a positive declaration requiring the preparation of an environmental impact statement should be issued. Failure to do so will only leave the Board open to litigation over this issue in the future. Since~ly, f~h~istopher Kelley CK:js Town Board Town of Southold Main Road Southold, N.Y. 11971 RECEIVED JUL 2 119¥ Southold Town Clerk Donald R. Boyle 2800 Camp Mineola Road Mattituck, N.Y. 11952 July 19, 1995 Dear Board Members: I am writing in regard to the pending application by Slrong's Marine Inc. for a rezoning of pad of their property on James Creek in Mattituck from R-80 Residential to M-1 Madne. I am both an adjoining neighbor and a customer. My wife and I own the prope[ties immediately across the road from the eastern most end of the dock area. Mr. Strong has personally reviev~d the zoning request with me and has deschbed the intended use of the property. I am satisfied that the planned changes to his operation would not be harmful to the area and that he has taken into consideration the concerns of his neighbors. The voluntary restrictions on the height et the storage racks and the size and use of the proposed building as well as the creation of the scenic easement ensure that the initial changes will not be followed by less desirable ones at a later time. I would add that this is consistent with his usual way of conducting business in that he routinely shows what I feel is an exceptional consideration for his neighbors. On that basis, I supped his plans. Additionally, it is important to me that no restrictions be created that would interfere with Mr. Strong's ability to maintain a viable and profitable business on the site. The wnrst situation from my perspective would be to adjoin a business that could not afford to be a good neighbor because of its inability to meet increasing operating costs with additional income. The opportunity for Mr. Strong to conduct his business in a profitable way is not only important to him but also to his neighbors. I remember cleady that just several years ago we were [aced with that very concern when the previous owners of the madna w~nt bankrupt. Please approve the zoning change as applied [or by Mr. Strong in the interest not only of supporting a local business but also out of consideration for his residential neighbors. Yours truly, Donald R. Boyle 825 EAST GATE BOULEVARD GARDEN CITY. NY 11530 .J( ~1 tr'~ J. NEWMAN July 18, 1995 Town Board Town of Southold Main Road Southold, NY 11971 To Whom It May Concern: RECiteD JUL ' 995 Enclosed is a copy of a letter I have today sent to Jeff Strong of Strong's Marine, Inc. I object to his request for zoning changes and ask that you not only deny his request but that you also ask him to comply with the present zoning requirements. A copy of his map showing my property is attached. I will certainly appreciate your representing me in this matter. Sincerely, / John J. Newman JJN:jr Enclosures --INSURANCESERVICES -- (516) 222-1100 (Nassau) (718) 279-9554 tNew York C~ty, (516) 654-3610 (Suffolk) (518) 793-5534 (Albany) (914) 634-5939 (Westchester) f516) 222- 1651 , FAX) 825 EAST GATE BOULEVARD GARDEN CITY, NY 11530 JOHN J. NEWMAN Ch~e/Executive Officer July 18, 1995 Mr. Jeff Strong Strong's Marine, Inc. P.O. Box 1409, Camp Mineola Road Mattituck, NY 11952 Dear Jeff: I have reviewed your notice of April 4, 1995 outlining the changes you wish to make at Strongs Marine, Inc. I am quite concerned with the increased activity at your marina over the last ten years. When we purchased our home in Salt Lake Village, directly across from your marina, there were far fewer boats in the marina and much less activity on the creek and at the marina_ In other words, it was a quiet hometown marina without the floating dock with the paddle boats and the mobile office across from my property. Aisc, I do not believe that you had the boat racks on your property. I did not voice objections to changes made in the past because I thought they would end, but this does not appear to be the case now. I know you are runninga business, Jeff, but somewhere along the line the improvements must cease so that we have some control over the environment, including the noise. I am concerned that additional boat storage and facilities will make matters even worse. I am not fond of: Hearing the noise. The view across my property of your men's room toilet bowl (the door is always open). Looking at the boat racks_ The thought of having to view additional buildings. Aisc, I have had to ask people in paddle boats to get out from under my docks on a number of occasions, l am very concerned about this situation becausel have gas and electric lines running under those docks. (516) 222-1100 (Nassau) -- INSURANCE SERVICES -- (718) 279-9554 (New York City) (516) 654-3610 (Suffolk) (518) 793-5534 (Albany) (914) 634-5939 (Westchester) (516) 222-1651 (FAX) Mr. Jeff Strong July 18, 1995 Page Two Again, Jeff, I think one of my big problems is that, although you are trying to make a nice facility for people who rent slips and use your marina, those people go home at night and generally leave when they want. I can't. If I want to go to bed at 9:30 p.m., I can't tell you to stop your party. By the way, when I purchased my home, you were not having weekend and holiday parties as you are now. Certainly, the level of quiet enjoyment that I enjoyed when I first bought the property no longer exists. I strongly recommend that you not improve the marina any further. Sincerely, John J. Newman JJN:jr cc: Town Board, Town of Southold LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, July 25, 1985, on the proposal of Strong's Marine, Inc. to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located at the end of a right-of-way off of Camp Mineola road, and adjacent to James Creek, Mattituck, New York, by changing the zone from R-80 Low Density Residential District to M-I Marine District. Any person desiring to be heard on th e proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the northeasterly corner of the parcel about to be described, which corner is located the following six (6) courses and distances from a point on the easterly side of Olejulane, which point is 154.97 feet southerly from the intersection of the southerly side of Kraus Road and the easterly side of Olejulane: (I) South 80 degrees 39 minutes 10 seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West, 174.33 feet; (3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; (4) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44 degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from the true point or place of BEGINNING, South 35 degrees 19 minutes 00 seconds West, 302.73 feet; thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence South 71 degrees 11 minutes 40 seconds West, 380 feet, more or less, to the ordinary high water mark of James Creek; thence along the ordinary high water mark of James Creek, and a dredged canal, a distance of 850 feet to a point and lands now or formerly of E.E. Wilsberg; thence South 30 degrees 29 minutes 40 seconds East, 85 feet, more or less, to the point of BEGINNING. Dated: June 27, 1995. JUDITH T. TERRY c;OUTHOI D TOWN C'I FRK TO AMEND ZONING ORDINANCE AND MAP PLEASE PUBLISH ON JULY 6, OF PUBLICATION TO JUDITH BOX 1179, SOUTHOLD, described, which corner is located the following six (6) courses and distances from a point on the easterly side of Olejulane, which point is 154.97 feet southerly from the intersection of the southerly side of Kraus Road and the easterly side of Olejulane: (1) South 80 degrees 39 minutes 10 seconds East, 423.36 feet; (2) South 11 degrees 22 minutes 50 seconds West, 17~,.33' feet; [3) South 22 degrees 13 minutes 00 seconds West, 293.00 feet; {4) South 57 degrees 21 minutes 20 seconds West, 100.99 feet; (5) South 44 degrees 10 minutes 10 seconds West, 160.97 feet; (6) South 35 degrees 19 minutes 00 seconds West, 95.30 feet; running thence from the true point or place of BEGINNING, South 35 degrees 19 minutes 00 seconds West, 302.73 feet; thence South 18 degrees 48 minutes 20 seconds East, 106.14 feet; thence South 71 degrees 11 minutes 40 seconds West, 380 feet, more or less, to the ordinary high water mark of James Creek; thence along the ordinary high water mark of James Creek, and a dredged canal, a distance of 850 feet to a point and lands now or formerly of E.E. Wilsberg; thence South 30 degrees 29 minutes 40 seconds East, 85 feet, more or less, to the point of BEGINNING. Dated: June 27, 1995. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1995, AND FORWARD ONE (1) AFFIDAVITI TERRY, TOWN CLERK, TOWN HALL, poi NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Charles R. Cuddy, Esq., attorney for Strong's Marine, Inc. Town Clerk's Bulletin Board thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the northeasterly corner of the parcel about to be 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, 53095 Main Road, Southold, New York, at 8:00 P.M., Tuesday, July 25, 1995, on the proposal of Strong's Marine, Inc. to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, on certain property located at the end of a right-of-way off of Camp Mineola road, and adjacent to James Creek, Mattituck, New York, by changing the zone from R-80 Low Density Residential District to M-I Marine District. Any person desiring to be heard on th e proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: All that certain plot, piece or parcel of land, with the buildings and improvements Salt Lake Association, Inc. Salt Lake Village, Box 400, Mattituck, N. Y. II95~ Town Trustees Town of Southold Southold, New York July 14, 1995 TOWN OF $OUTHOLD RE: Strong's Marina Zoning Application from R80 to M1 Dear Trustees, The Salt Lake Village Association, Inc., held their arhnual meeting on July l, 1995. At that meeting the matter of Strong's Marina zoning application for a change of zoning was discussed at length. W~nile the Association voted unanimously with quoru/u not to oppose the zoning change, we did have serious concerns regarding the details of the proposed development that will result from this change. They are as follows; 1) This marina has grown over the years and we believe that a reasonable final limit be place on any expansion, including the changes that may be brought about by the zoning change. 2) We are extremely concerned over the environmental aspects of such a use in J~umes Creek and the surrounding waters. These environmental aspects include, potential fuel pollution, lighting pollution (extension of area lighting which might impact the marina's residential neighbors), proper screening both natural and man made of the marina from its neighbors and noise pollution. This marina is surrounded by residential neighborhoods. Careful attention to the details of the possible e~pansion and changes brought about by the change in zoning must k~ followed. We wish to be kept informed of the progress in this matter. Please continue to contact us in this regard. We believe that good com~unications and good planning will allow the neigb_borhood and the marina to mutually co-exist. Lastly, we are enclosing a letter from the marina outlining several items in this regards. Deviation from this memorandum by the marina would cause us concern. Thank your for your attention to this matter. President April 4, 1995 The purpose of this letter- is to keep our friends and neighbors aware of the changes we would like to make at the marina. Attached is a current survey of our marina aa well · s a no[ice cmlcerning the application to the To~n Board requesting a change of zone for ~he portion of our marina highlighted in yellow. Background - Three years ago we pur'chasmd the marina out of bankruptcy, This was an e×tremely difficult time but with the help of many of our friends and neighbors and dedicated eu~ployees, we have been able to get the facility back on track providing tho level of quality service I am accustomed to. Now that we are back on uur feet, we are tryi{~ to address some things that will help us improve our efficiency. What do we want to do? I, 1"ne parcel highlighted in yellow is currently zoned RSO. This has been used /or over [5 years for winter boat storage~ including storage of boats in the two racks shown. When the master plan was adopted in 1988, the Town imadvertently followed the old property lines to establish the zoni~ line. We are requesting the zone line be moved north changing this RS0 parcel to MI zoning, like the rest of the facility. We are sensitive to the fact that several of our neighbors have requested we do not expand d~ckage on the north side of this parcel. We agree with this. For this reason, we are proposing a 50' scenic easement green). This would remain undeveloped with no marina dockage on the north side of this 2. We propGse to extend one section of nut winter storage racks adjacent to the current racks, thus allowing us to be more efficient storing boats for the winter. 3. We show a pro@osed shop building that ~rill eventually replace our greenhouse and two small sheds enabling us to work indoors efficiently on 4-5 boats. We do no[ want to have marina dockage north of tl~e easement, cestaurants or bars~or ...... ~ig~ificant ex~.x_E~. All we are looking to do is have a more efficient facility - the way it ~hould be. We mm a clean, neat facility with many of our neighbors using and enjoying our paddlebnats, picnic area or swing set and slidm. We need to have these changes to be as efficient aa posslble to represent a good value for all and kemp 12 people employed full time Fear round. We appreciate you taking the time to review this. If you have any questions at all please call me at 298-47?0. We hope you feel that our request is reasonable and will support us. Yours truly. Jeff & [Re Strong P.O. I~OX 1409. CAMP MINEO[.A ROAD MA~rlTUCK, NI~W YOR]~ I 1952 PHONE (~ 16) 298~770 · FAX (516) 298-3801 Merrill Lynch Private C'hent Gr,,up July 13, 1995 RECEIVED Town Board Town of Southold Main Road Southold, New York 11971 JUL 1 1995 $outhold Town ~ Dear Board Members: I have been a customer of the Strong family for over 15 years. When they sold their marina I moved my boat. The level of service, friendliness and cleanliness I had become used to, was no longer the same. Approximately three years ago when Jeff and Re Strong purchased the marina back, I moved my boat back to Strong's. Since that time they have brought the service back, have substantially improved and upgraded the facility which has increased our enjoyment and it again is a very friendly and "customer conscious" business. I believe their zone change request is reasonable and sensitive to the local neighbors. In no way do I believe the impact of this change to be harmful or detrimental to the surrounding area ~ envi- ronment or local residents. Please grant Strong's Marine their zone change request from R-80 to M-1 which will enable them to stay in the co--unity and continue to improve the environment. Jeff and Re Strong's efforts have always been positive and for the betterment of everyone concerned. I sincerely request a favorable decision in their behalf. Yours Truly, Vzetor E. Catalano VEC/sb STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, Hew York, being duly sworn, says that on the 29th day of June 1995, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice of Hearing on Proposal to Amend Zoning Ordinance and Map by Strong's Marine, Inc., 8:00 P.M., July 25, 1995, Southold Town Hall. Sworn to before me this 29thday of June 1995. NotFa ry Pu I:/lic ~' ' Judith T. Terry Southold Town Clerl( NO~'y Public, ~',~!e of New Yo~ No. a~[.~.5~ '~. Sutfolk Cou~t~v ,~ SO UTUOLD TO~N CLERK 8 STATE OF NEW YOn~K ) ) SS: COUNTY OF SUFFOLK ) ~of Mattltuck, In nard County, being duly Principal Clerk of THE SUFFOLK TIMES. u Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and S~te of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published In said Newspaper once each week for _ [ weeks su~t~esa~ely, commencing on the ~ day of CHRISTINA VOLINS~I Notary Public, StatB o~ NSw :40 5004884 .-~ Principal Clerk (~u~llfled ~r~ SUffolk COUn~ I~,r i,. I, 5 xp~ e~ No'~emb~t' Notary Public Sworn t,9~betore me thtn JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 JUNE 27, 1995: WHEREAS, Strong's Marine, Inc., by application dated April 15, 1995, petitioned the Town Board of the Town of Southold for a change of zone on certain property located at the end of a right-of-way off of Camp Mineola Road, and ajacent to James Creek, Mattituck, N.Y., from R-80 Low Density Residential District to M-I Marine District; and WHEREAS, the Southold Town Planning Board and the Suffolk County Department of Planning have prepared official reports and recommendations on the aforesaid petition; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, July 25, 1995, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the petition of Strong's Marine, Inc. for a change of zone, at which time ali interested persons 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 June 28, 199S RECFIVED dUN 2 4175 OLE JULE LANE MATTITUCK, NY 11952 JUNE 22, 1995 SOUTHOLD TOWN BOARD SOUTHOLD, NY 11971 GENTLEMEN: IN REGARDS TO THE PETITION OF STRONG'S M~INE INC. FOR A ZONING CHAIqGE OF ADJOINING PROPERTY. THE MARINA IS IN THE PRIVATE DEVELOPMENT OF CAMP MINEOLA, TO THE WEST IS THE PRIVATE COMMUNITY OF SALT LAKE VILLAGE, AND TO THE NORTH THE OLE JULE COMMUNITY. THE TOWN MADE A MISTAKE WHEN THE MASTER PLAN GAVE THEM THE MI ZONING. BEFORE THE ZONING CHi~NGE THEY WERE LIMITED TO A NUMBER OF BOATS. NOW THIS NUMBER HAS DOUBLED. THEY HAVE RELOCATED THE BOAT SALES A/qD THE SUPPLY STORE FROM ROUTE 25 TO THE MARINA INCREASING TRAFFIC. THERE ARE 3 MAJOR PROBLEMS: #1 - THE TRAFFIC ON OLE JULE LA/~E - THE M/~RINA IS ON A PRIVATE ROAD WHICH EXITS TO NEW SUFFOLK AVENUE (THIS HAS BEEN ABANDONED) ALL VEHICLES INCLUDING 18 WHEELERS USE OLE JULE LANE. #2 - THE SIGHT OF THE BOAT STORAGE RACK WHICH IS 20 FEET HIGH PLUS ANOTHER 8 FEET OF BOAT ON THE TOP RACK. #3 - NOISE - A LARGE FORK LIFT IS USED TO PLACE AND REMOVE BOATS FROM THE STORAGE RACK. THERE ARE M/~NY MORE PROBLEMS WHICH WILL BE CREATED BY THE EXPANSION OF THE MARINA, WHICH I HOPE YOU WILL CONSIDER IN NOT APPROVING THE ZONING CHANGE. VERY TRULY YOURS, ERNEST WILSBERG '"~ We the undersigned petition the Board of Trustees in the matter of permits applied for by Strong's Marina Inc SCTH t! 122-4-44.2 We believe all permits should be denied at this time for the followinR reasons: 1. Jeffrey Strong as an offical of Marineland and now as President of Sbrong's Marina-Inc has continued to ignore bhe Town requirements for permits until he was stopped this summer from adding yet another illegal structure. 2. Flfteen of the sixteen items for which permission ls sought have already beer built on land which is zoned Residental 40 and are inappropiate non conformir uses. 3, The application permit falsley claims the Marina is MII i~ is only R40 and MI 4. The neighborhood objects to the noise and traffic pollution caused by the Marina. 5. Boat operators from the Harina cause hazardorous conditions on the water at the entrance of James Creek. 6. '~he ~xisting boat racks are iiIegal in an R40 zone and are an eyesore to the community. 7. The Marina is overcrowded with upwards of 220 boats in the sur~mer, far more than should be allowed. 8. A clubhouse on R40 property is not a permitted use. 9. The Marina is located in a residential neighborhood and a sizeable Harlna is noE appropiate. Signature: I Address; We tile undersigned petition the Board of Trustees in the matter of permits applied for by Strong's Marina Inc SCTH t/ 122-4-44.2 We believe all 1. Jeffrey Strong as an offical Marina Inc has continued to WaS stopped this summer [rom 2. Fifteen of the sixteen items built on land which is zoned uses. permits should be denied at this time for the fo.Liowzng reasons of Marinelatld aad now as President of Strong's ignore the Town requirements for permits until adding yet another illegal structure. for which permission is sought have already be~ Residental 40 and are inappropiate non conform~ 3. The application permit falsley claims the Ilarina is MI1 it is only R40 and 4. Tile neighborhood objects to the noise a~d traffic pollution caused by the Marina. 5. Boat operators from the Marina cause hazardorous conditions on the water at the entrance of James Creek. 6. The existing boat racks are illegal in an R40 zone and are an eyesore to the community. 7. The Marina is overcrowded with upwards of 220 boats in tile summer, far more than should be allowed. 8. A clubhouse on R40 property is not a permitted use. 9. The Marina is located in a residential neighborhood and a sizeable Marina is not appropiate. Name: "-',7/, Signature: Address: CHARLES V~.~.-,~'~ FASOCIATES, iNC. ENVlRONMFNT~~G coNSULTANTS Fnx Number (516) 3)t-0046 From: Re: Date: Number of Pages (including cover):_~ If the~total transmiCtai is not received call number below. Comments: 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764" (516) 331-1455 · FAX 331-6046 Ms, Judkh Terry Town Clerk Southold Town Board Town Hall, 53095 Main Road P.O, Box 1179 $outholdi ICY 11971 Re: Strong's Marine, Inc. Change of Zone Petition $CTM No. 1000-122-4-442 Mattltuck~ NY June 2:2, 1995 Dear Ms. Terry: AS per the your request, we have completed a preliminary review 9f the above referenced pr_oi_ect in accordance with your requesL Tasks and completed activities are identified as follows: 3. Review Part I r. F4F ~a~.. e parcel has been field inspected by CVAn Inc, and the LEAF has been reviewed amended as necessary. A copy of same ~s attached. P~pare Part//LEAF · Part H LEAF checklist' has been completed and ~s' also attached. Additional information concerning our findings is included below. Environmental and Planning Con~iderationz a~e parcel has been i_x~spected and environmental references concerning the site and ab.ave been consulted. The site co.nsists of 8.46 acres adjacent to the existing, operational Strong's .M. urine. The subject application was voluntarily brought before the Board by the _apphcaut, in order to legitlrhize current use of the property, and to provide a means f6r limited expansion of parking and a shop building within thc propused MI zoning area. te was mspecte.d and found to be characteristic of a boatyard/rnanna use. O.ng's Marine cons~.U of boat storage, slil~ space, fuel pu.m£s, parking, offices, se .rv.~.ce arc~ and marine product centcr wlmin an existing MI zone. T~eprlmary marina use ~ concentrated along a dredged canal on the southeast side of the site. In this area, Strong's Marine owns land on .both sides of the canal. These areas are typical of marina uae, whereby boats are kept in slips, and used for recreatio.nal purpo~. S.. Adequate. ~.arkil~. ami support facilities exist for the current marina within the ex,tinS area et MI zonir Pr6oosed Zone Chana~ and Use The- proposed zone c~ange parcel lies to the northwest of the current PaS~ 1 et4 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 · (516) 331-1455 * FAX 331-8046 boatyard/m~ina, and ~ bordered by James Creek to !he south and s df. edged canal ,to ~ no .~.,w~st: ~The parcel, proposed, to be rezo?ed IS cu~.en.t]y..occupz~y, part~ of ou~ _ct~_ m me r~u zone, a pmy~roun.~, patio, p~it areat votteyball court, parrdng, a.sptu~t, boat racks, and other Yacant lands asso~ated with the ~dj~.~nt operational marina. The northwest part of the site fronting the dredged canal hn~ been bermed in cot~,~.i~.n witli pti.or dredging for a containment dyke. This area has become heavily vegetated and provides an ~ff~tive buffer betw.e, en the exis. _ting comm~rcinl use nad theI more naturzl dredged cznal which ~ p.rtma~ bordered b)~ re~dential u~. The sit~ map included with the application indicates mat a good portion of this area (n~ixin~um 50' wide) wil! be left to rem~i- a~ a scenic e~sement. Other area~ of the " ' area revolve a limited of the existing ofiice ~ro...p~ed rezomng one-sto~y _e~pan~on ~ Ilildin~ ~ removal O~,.tW..O _smnl! sheds and a pLu. tic ~ed, with ,re. placement by a 5.0x?$' pro ,IX~. d shop bnilding of less ~an 35 feet m height. Addiuonal parking will ~ be provided tn the pro. posed rezomng area. The applicant also proposes ~tension of boat racks within the area currently zoned'MI. " In review of the .ffie, it is noted that the Town of S. outhold .Trt~, tees/considered the action in total, with regard to physical activities mthin the jurisdicuon of the Trustees under the Wetlands Ordinance. The Trustees have issued a N, .... egatlve Declaration, ~n,~n~ that tha pro _po~,d s~te unpro.v. ¢mcnts (including tho.~ on the propo~d re .zo, mn~ p .arcel~, would not have · s~gniticant impact on the environn~nt. This det~ _rmi~__uon wa~ has~ on a~_ envir~nn~n~ ~ssessment, and tield inspection by the Bo~'d of Trustees. A permit tor activity was ~ued on .lanuary 26, 1,995 for th~ pr~posexl action. ojcct s~te zs aot over y sens~ti c, a~ tt is partially u,~d at Present for ma!ina/boatyard related activities. Accordingly, dom.eskic and commercial impacts ha~/e already re, suited in an altered cnvironmeat, con.~,,tent with the use. Mu~ of the are'.a,.'., of the proposed ..zone.._chal~e .comists of dredge spoil, ~ dy .k~d areas as weU as spoil are'evident on ute. ~-he stte is not used with any great tnten.uty, and under the. prdcoosal, the intensity of use will not sj?i(icantly increase. With re.~ard .t9 env. ironmental reso~ces, it ..should be no,tell, that the NYSDF,,C ~.'¥tau~ jurisdicuon over any a~iv~ty on sz.te .under ArLicle ~ o! the NYS Environmental Conse~v-tlon l~w (ECL), ~th tmplemantin~ rep~la__tinm o~ 6 .lq~.~ Part 661, Tidal Wetlands I. and Use.RelFd~.tions. Although no vegetated udal wetlands exist on .site, the NYSD.EC mmn.tm...n}, jurisdiction within 300 feet of the .wa~rway, where there ~s no bulkheadmg. In addition, the Town Trustees maintain jur/~icuon over activities within 75 feet of the waterway under Town Code. .Th~ refotet .any a~vlties?utrently not pern~.'tted, would-be subject to further review zor potential ~mp.a..~ on the prinu~, site environmen~ resource - the wetlands. As ea ,vironmental nuti&ation, the applicant propose.s to leave a ,~-,,~,~,,,~ 50 scenic eas~., merit alo..ng ~e northwest part of th~ site a_dlac, ent the dredged canal. This bas. n .',m~rous mitigative benefits. ~/isual impact o1~ current and future operation~ are le~' ..n. ed,.aa we, Il ~ n?.~. buffcrln& pre~rvation of natural habitat, ~ " st&bilization~ axial hm~t, atlOll 011 ~ to the dredged canal. Given the current use of ENVIRONMEN~G CONSULTANTS Pn~2 P. 04 .~.e pro~e~ .w~ .not ?t significant p.r .e eclent .beca..Lue it ~ a ~que ~o. · proj~ ~ ~ ~j~nt to ~ ~ ~-~ m ~ ~ ~, ~ ~er~fore u le~ ~udv~ ~r ~e ~ dc~ r~d~ d~op~nt ~nt on me proje~ ~. . , . . ~ ~ ~0n~ ~ ~ten~ ~r ~-~on due m ~o~ ~mHo~ ~ Mm me ~j~t w~. . ~ou~ ~e ~on w~ ~} re~m~nded ~ feint ~ter p~ u~t~ a~n ap~ ~2~t M~ To~ comprene~ve p~ ~ would r~lve a ~rcnt a~p~ ~& re~ m R-80 ~ ~j~nt.~& wcu ~ ~ a~mo~ ~ m ~ R~O ~ne. ' ~e ~on ap~ ~.~ w~nt ~ S~te ~ Po~ ~er ~ Wa~ont R~imuon Pro~ ~ raged m pro~ pubic a~ ~O u~ of ~e wa~ay. ~ ~d Sa~ P~ Re~ew pr~ ~ ~ ne~ for Erpj ate. . . . ' ~yen pro~ ~o~ ~o~ on ~o~ ~d ~j~t me site. .... ~ ~agon ~6~es ~e av~ ~ ~m~ en~ro~en~ ~p~. ~o~ ~ at ~c time of st~ pl~ re~ew, on~ ~ere pr~ ~ rcg~d m pm~ed ~. At ~ ~m~ it ~ r~c~cd ~at ~e.pro~d ~ ~i~t pr~dc ~e ~m~m ~ fei ~t ~n~ ~ a sl~e l~t ~ve, w~le ~m~ a het~t of 35 f~t. ~ ~t~o~ ~e ~at r~ should not ~ed ~ ~o~d ~n a ~t le~ ~nn 35 feel ~ ~ ~ ~ prided ~ m~n ~e pro~ ~ ~n~ ~o~ ~ ~es~ ~ of ~e g~. ~y, ~e applic~t ~ ~e ~ m o~n st~ pl~ NY~ ~d T~ ~ ~prov~ for ~y foreioing pl._e~m~ e,n.vuonm~n~ end other h~, thc pr. opo~d a~ion is not ~d u~ cause a nm.can en?Lo..r?_en z.mp ...and_therefore o..o~.not appear to require prep.ar, auo,n ot · .L~..art c~. 'zneretore, u me sown Board :s tn agreement with this review, conszocrau~on como oe ~ven to the issuance of a Negative Decla~ation for th~ project. CHARLES V~ASOCIATES, INC. ENVIRONMEN~G CONSULTANTS l~e3 ~4 If ~ou have a~.y questions or wl~ any further input with reszrd to this matter, please do not heaitat~ to call. ' Ch~rl~ $. Vo~rl~ cEr,.~m=r CHARLES V~,~SOCIATES, INC. ENVIRONMEN~G CONSULTANTS Pa~4 ~4 SEQR NEGATIVE DECLARATION Notice of Datermination of Non.$igniflcunce Lo. adAge, ney: Town of $outhold ! Towa Boaxd ,4ddress: Town Hall, $3095 Main Road Southokl, New York 11971 D~e: Sune __, 1995 Ttd~ notice is i~ued pursuant to Part 617, of the implcmcn£ing rcgu~fion~ pertaining Article 8 (State ~-~ixonn'w~tal OuaHty l~view) of the ~nvlronmentaICon.~rvagon Law. Th{ lead agenc~ has determined that the proposed action descn'bed below will not have a significant effect on the environment and that a Draft Environmental Impact Stateme~fneed not b~ prepared. Title of Action: SEQR Status: Project De,'scripfion: Location: Strong's Marine, Inc. Change of Zone Petition SCTM No. 1000-1224-44.2 MattituciL NY Type I Action The subject application involves a request for a change of zone from R-g0 to MI District The slte consist~ of 8.46 acre.s adjacent to.the existin& operational Strong's Manne. The subject applica.tion was voluntarily b. rought before the Board by the applicant, in order to legitinu~ current use of .the prope.rty, and to provide a means for limited expansion el parking and a shop building Within the propoied MI zoning area. Subject property is located at the end of a fight-of-way off of ~C.a~_~ M. in!ola ~o .ad, and adjacent to .l'an~s Oe.~k, lvlattituc~: fqew xorKL R~asons S~upporting This Determination: Tiffs determ/nation is issued in/'ell consideration of the Criteria for DeteCt/on of SignificanCe contained in 6 NYCRR Part 617.11. the Long Enviropm~ntal Assas.sme, nt Form PaSe I of*3 Parts I. H and the following specific reasons: lqeptive 10. 11. ? Thc' Towa o~ Southold Tru,test, comidered thc action ~n total, with regard to phys~al activities within the ~ufisdlaion of the Trmtm ~m~ ~ Wetlands O~dinam~. TI~ Trus~s have ;...,a a Nesarlve DecJaratlon, ~.ai,,_~ dmt the propor~d ~ improvmneots (indudi~ those on tl~ proposal ~ par~cl), would not haw a ,i~i~,.~., impac~ o~ th~ an~;iroamenL TI~ de~ wsi ~ on an aurar, onmentd amessme, n~ -,,d ficM bsspcctio~ by tl~ Board of Tru~t~.s. A p~rmk for Ktlvity wM T'~'. l~ov,~d l~o~e,~ s~c k not overly m~itive, u it is pmlaliy ~1 at pr*~ont fo~ markna/boat3~rd dyked araa~ as w~ll as spoil are e~iant on ~c. Tho sltc is not usad wizh any 8ru~ imc~y, Iq~D'P C mai~ns juriMictioa over ~ny activit~ om ~e undm'/~ldc 2~ ~ d~ I,,~*S ~av~.onm~ntal C4~?vatkm wW (ECL), w~.h imt:de, maati~ ~ ~ ~ NYCRR Pazt ~1, ?kta] Weda=~ Land ~ 300 f~e~ or,he wam~ay, whcr~ flw. re is no b~bl,~a;,,; In addMon, thc Town Tr',-'",'- ~ juriM~fiol3 over activities withinT$ ~ o~the water,ray undcr Town Code. Tbere.~ora, --y 84ti~i~el c~r;ontly not ptrudUad, wouM bc subject to further roq;i~v for p~tcnthl impact on tl~ I~ d~o ; adjacent th: dredged canal. TI~ luu numcrous mltis~vc be~.f'lu. V*mua] impa~t ~f current and htur& oP~o~ arc le. ucncd, as ~ u no~ buf~rhr, prostration of na~'al ~ Im~ ~tabilintlon, and lim~ma~cmmtotl~drcdgcd~aai. J. 'r~proje~t~llnot r~t~n~tcant prm~mlmitbocam~itla The' projoc~ ~o k ad, ar. ant to an axisfin~ marbro ia aa M~ m~c. and therefore i~ la~ co~ ~ &a Iow'damity re. dd~nfia] d~alo.mn~m curre~ alh2wr, d on th~ projad, site. 'l"m=: acf~m appears to bo comment with Sta~ Coamd PolL~a uad~r tha l.oca] Watorfr,-o Rf~alization Prop..~ ~ roprd to promoti~ imblio ~ ami use of LI~ wa~e. rway. Thc'proJect ss for a ,-k,,%~c Qf-,~, and furdw~ review under the Plannlns B~ard Site Plan ~ pr~ will be ne,~.ma~ foe any future adicat oa t~ project site. For Further Inromatiom Contact Person: Ms. Judith T. Terry, Town Clerk Town of Sout~old $3095 Main Road, P.O. Box 1179 Southold, New York 11971 ($16) 765-:~1~01 P88~ 2 or3 S~on~'e Msrble, bhttltuck Nq~ nu:hr'aflon Copies of this Notice Sent to: 5outhold Town ~ Board Southold Town_Buildin/Department Su~ol~ County Department Of Heai~ Services Suffolk Coun_ty Departmcnt of Flannin~ NYS Le/islati~e Cs~on on water Resource Needs of Lon~ Island Southold Town Clerk's Bulletin Board ~p~caat" Pase 3 or3 JUDITH E. LYNCH 4235 Camp Mineola Road P.O. Box 890 Mattituck, New York 11952 May 19, 1995 RECEIVED Town Board Town of Southold Main Roa~ Southold, New York 11971 MAY 2 2 1995 .~:x~l~ld Town Cled~ Re: Application - Strong's Marine, Inc. Dear Board Members: I reside approximately one thousand feet south of Strong's Marina, and have received information concerning their request for a change of zone to M-I Marine Use. I consent and agree with the petition and would request that you grant their application. There has been substantial improvement and upgrading at the marina which has had an overall upgrading of our community, and the convenience of a marina in our community is a substantial asset. I am a boat owner and had previously utilized Village Marine for a number of years until Jeff Strong reacquired the Marina and commenced the improving and upgrading of it. One of the substantial assets of the Town of Southold is its proximity to some of the best water in the world, and the facilities for the boating public is an important part of that activity. Please grant Jeff Strong and Strong's Marina the ability to continue their upgrading and improving of the marina, which is a credit to our community and to the Town of Southold. Sincerely, JUDITH E. LYNCH JEL: JUDITH T. TERRY TOWN CLERK Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fan (516) 765-1823 Telephone (5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: New Zoning Ordinance Amendment of Zoning Code Amendment of Zoning Map (Change of Zone) Location of affected land: on James Creek, west of Camp Mineola Road, Mattituck, N.Y. Suffolk County Tax Map No.: 1000-122-04-44.2 Within 500 feet of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. X The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Recommendation of Southold Town Planning Board attached hereto. Date: May 5. 1995 Judith T. T~'rry Southold Town Clerk Albert J. Krupski. President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD TO: Judith T. Terry, Town Clerk FROM: Albert Krupski, Jr., President Board of Trustees ~. 'AY 1 '995 RE: Strong's Marine, InC./~ ~?~1~ SCTM #122-9-3 DATE: May 1, 1995 This is in response to your Lead Agency Coordination request of April 19, 1995. 1. The Southold Town Board of Trustees jurisdiction extends from wetland vegetation landward. 2. As we regulate the town waters and associated upland we are interested in this project, however because of the surrounding zoning and the existing use of the property the larger concerns here of long term land use are just as important as the environmental concerns. 3. If the upland is rezoned for Marine Use, than the environmental impacts will be small provided that the existing berm on the perimeter of the property is not disturbed. However, if marine and boat use structures are placed in the water adjacent to the new zoning proposal, then it would be a substantial expansion of the marina and would warrant an environmental impact statement. Thank you. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 1, 1995 Charles J. Voorhis, CEP, AICP Cramer, Voorhis & Associates 54 North Country Road, Suite 2 Miller Place, New York 11764 Dear Mr. Voorhis: The Southold Town Board, at a regular meeting held on April 18, 1995, adopted a resolution engaging your services to conduct a SEQRA review of the Long Environmental Assessment Form with respect to the petition of Strong's Marine, Inc. for a change of zone, at the agreed cost not to exceed $500.00. Petition and pertinent maps, etc. are enclosed. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Charles'1~. Cuddy, Esq. P.S. I am also enclosing a copy of a letter from Charles Cuddy, along with attachments, with regard to the Town Trustees' determination. GHARLES R. G~3-DDY 180 OLD GOLrNT~,Y ]~OAD RI%-E~HEAD, NY 11001 April 28, 1995 Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Strong's Marine, Inc. Petition to Amend Town Code Dear Mrs. Terry: In connection with the application of Strong's Marine, Inc. to change the zoning use district on part of its property from R-80 to M-i, we enclose a check in the sum of $500.00 payable to the order of the Southold Town Clerk. We understand that this sum is to be utilized in connection with the environmental evaluation to be conducted by the Town's consultant. When the environmental assessment form and the application forms are forwarded to the environmental consultant, would you also attach the Town Trustees' determination, a copy of which is enclosed. The application before the Town Trustees was to obtain permits for all of the facilities at Strong's Marine, and this application was approved. In connection therewith, the Town Trustees made a determination of non-significance. We would appreciate your bringing this to the consultant's attention. CRC/ejc Enclosures Very truly yours, Charles R. cuddy~ / Albert J. Krupskl, President John Hohapfel, Vice President t William O. Albert.son Martin H. Ga~Tell Peter Wenczel BOARD OF TOWN TRUSTEES ' TOWN OF sOI. YITIOLD Town Hail 53095 Main Road · P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 February 1, 1995, 1995 Jeffery L~ Strong P.O. Box 1409. Mattituck NY 11952 Re: STRO~G'S MARINE INC. ~'SCTM-%122-9-3 & 6.1 & 122-4-44~2 . ' Dear Mr. Strong; '- The following action was taken by the Board of Town Trustees during its regular meeting held on January 26, 1995 regarding the above matter: W~EREAS, Jeffery Strong on behalf of STRONG'S MARINE INC., applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 26, 1994, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 26, 1995, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, which will be listed on a separate page, and, .TERMS and CONDITIONS · ~.?.~: :.. ~,~. The P~n~.ee JEFFERY STRONG FOR STRONG'S MA~TN'K. TNC:. ~C- ': ' . _ . : . r~gat Camp Mineol~ Road. p~ o~ ~e comld~don for ~e ~ of ~eP~t d~~p~co ~efol- .- : l~ing: · ' ..... "~'~i ..... ' ' '' ' ' ' ?.' ~at~ ~e ~l~ '~::~..' ' for:an e~n~n may- ~'~de to 3- ~nt ~ Pe~t shoed to m~int~in the s~e or or~ntion w~ or~lly ~r~n~. 4. That the work involved wLIl be subject to the inspe~ioa md approval of the Bonxd or its agents, and non-compliance with the provisions of the originating applicaLion, may be cause [o~ revocation of this Pennk by resolution of the said Boaxd. '~'..:' . ~'"' --~ 5. Thai: there wLLI be no un~easonable intexfecanca with nav/g'al~on u a' t~til: of the '" .~ '~:: 6. Thai there shall be an bttederence with the ti§hi, of the public to pass and repass along · ' "- ': '~"the beach between high and Iow water m~zks. .' ...= ' , ~ · , ,', .' .; ' in the location of the work herein anthotized~ or Lf. [n the opinion of the Board of Traseals the ,work shall cause urtreasonable obstzucnon to free navigation, the s~tJd Pennittee will be eeq~ upon due notice, to remove or alter this work or project here. in stated without expenses to the Town nE Soul:bold. .... 8. That the said Board will be notified by the Permit-tee o! she cmnpledoa of the work auth- orbed. 9. That the Pe~mittee will obt~n ali other permits and consents ~hat may be re, lOb-ed sup. plemente] to this permit which may be subject to revoke upon failure to obtain name. ~.':'~' · ....L~ :-'~ Albert J_ Krupski, President John Holzapf¢l, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMF~NT APPLICATION NO. 1000-122-4-44.2 NA~E: STRONG'S MARINE INC. DATE: Decennber 22, 1994 Chapt. 97 - Wetlands Chapt. 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. T~fPE OF ACTION: Type: I DESCRIPTION OF ACTION: Applicant requests permit to construct 190' long X 12' deep X 20' high boat storage racks; construct clubhouse building; slate patio; small floating dock; ~all gazebo; stockade fence (hides boat storage blocks); stockade fence (separates parking area); stockade fenced area for dumpster; three storage sheds; plastic work shed; proposed future shop that would eliminate plastic shed and two storage sheds; existing boat storage racks (north and south); recently filled dirt areas to berms, in addition, the grade on this area will be raised approx. 1' in the future. This fill will come from dredging on the southside for new bulkhead that Trustees have already approved; gas house with pump-out station. It should be noted that Strong's Marine Inc. understands that the Trustees do not want any additional pavement where the proposed new racks are, ;or where the newly filled areas for parking and storage are. It is also understood that grading this with gravel is an acceptable and permitted use in the future. Located Camp Mineola Road, Mattituck. LOCATION: SCTM #1000-122-4-44.2 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the following mitigation measures be implemented. cc. CAC DEC DOS PLAN. BRD. ZBA JIfDITH T. TERRY TOWN CLERK REG1STI{AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main R~ad P.O. Box 1179 Southold, New York 11971 Fag (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 19, 1995 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Dear Mr. Cuddy: 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 you with respect to the petition of Strong's Marine, Inc. for a change of zone. The cost of this review is $500.00, and must be paid prior to the consultants commencing their work. Please remit a check in the amount of $500.00, payable to the $outhold Town Clerk, at your earliest convenience so we may proceed with processing the petition. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF' V[TAL STATISTICS MARRIAGE OFFICER Town Hall. 53095 Main Road P.O. Box 1170 Somhold. Ney. York 11971 Fax (516) 765-1823 Telephone (5161 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 19, 1995 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 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 19, 1995 Southold Town Planning Board $outhold Town Hall $outhold, New York 11971 Gentlemen: Transmitted herewith i~ the petition of Strong's Marine, Inc. for a change of zone on certain property located on James Creek, west of Camp Mineola Road, Mattituck, New York. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachments cc: Charles R. Cuddy, Esq. J-u-DITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 18. 1995: WHEREAS, a petition has been received from Strong's Marine, Inc. for a change of zone on certain property located on James Creek, west of Camp Mineola Road, Mattituck, New York, from R-80 Low Density Residential District to M-I Marine District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. Southold Town Clerk April 19, 1995 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 18, 1995: 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 Strong's Marine, Inc. for a change of zone from R-80 Low Density Residential District to M-I Marine District; said review to include applicant's Part I, prepare a Part 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 April 19, 1995 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 19, 1995 Lead Agency Coordination Request The purpose of ~this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6NYCRR Part 617 the followrng: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated, Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: Strong's Marine, Inc. Requested Action: Petition for a change of zone from R-80 Low-Density Residential District to M-I Marine District on certain property located on James Creek, west of Camp Mineola Road, Mattituck, 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. Page ?. Agency Position: [ ] This agency has no objection to your agency assuming lead agency status on this action. [ X] This agency wishes to assume lead agency status for this action. [ ] Other. (See comments below.) Comments: Please feel free to contact this office for further information. Very truly yours, Judith T. Terry Southold Town Clerk Attachments Copies of this request and all attachments to the following: Commissioner Zagata, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Long Island Charles R. Cuddy, Esq., for Strong's Marine, Inc. (without attachments) Southold Town Clerk's Bulletin Board (without attachments) Board of Southold Town Trustees JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS MARRIAGE OFFICER RECORDS MANAGEMENT OFF/CER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Pwad P.O. Box J179 $outhold, New York 11971 Telephone (516) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD '}'}~]S IS TO CERTIFY THAT TIlE FOLLOWING RESOLUTION lirAS ADOPTED BY THE souTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 18. 1995: RESOL¥£D that the Town Board of the Town of Southold hereby commences the Lead Agency C~ordinatien process with regard to the State i~nvironmental Quality l~view Act in the matter of the petition of Strong's Marine, Inc. for a chnge of zone from R-80 Low Density Residential District to M-I Marine Dstrict on certain property located on James Creek, west of Camp Mineola RoaJ, Mattituck, New York. ~'~j~dith T. Terry Southold Town Clerk April 19, 199S JUDITIt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION oFFICER Town Hall, 53095 Main Road P.O, Box 1 [79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO cERTIFY TT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE soUTHOLD TOWN BoARlt, T A REGULAR MEETING HELD ON APRIL 18, 1995: RESOLVED that the ~ Board of the Town of Southold hereby commences the Lead AgenCy rdination process with regard to the State En¥ironmental QtiaiitYiew Act in the matter of the petition of Strong's Marine, Inc. for a ~Je of zone from R-80 Low Density Residential District to M-I Marine'ict on certain property located on James Creek, west of Camp MineOla lMattituck, New York. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Pwad P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 18, 1995: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State E~nvironmental Quality Review Act in the matter of the petition of Strong's Marine, Inc. for a change of zone from R-80 Low Density Residential District to M-I Marine District on certain property located on James Creek, west of Camp Mineola Road, Mattituck, New York. Judith T. Terry ~/ Southold Town Clerk April 19. 199S JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 7654823 TELEPHONE (516) 7654801 April 12, 1995 To Whom It May Concern: Attached hereto is a Long Environmental Assessment Form submitted by Strong's Marine, Inc. with respect to a change of zone petition from R-80 Low-Density Residential District to M-I Marine District on certain property located on James Creek, west of Camp Mineola Road, Mattituck, New York. Southold Town Clerk Posted on Town CLerk's Bulletin Board on 4/12/95. PART 1--PROJECT INFORMA..ON Prepared by Project Sponsor NOTICE; This document is designed to assist in determining whether the action proposed may have a significant ei'fec~ on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerec 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 s£udies, research or investigation. If information requiring such additional wore is unavailable, so indicate and specJf'~ each instance. NAME OF ACTION Strong's Marine, Inc. LOCATION OF ACTION (Include ~ree~Add~as,~u~clpali[y~n~County) Right-of-way OfT we$~ blae o? camp Mineola Road, Matt~tuck NAMEOFAPPLICANT/SPONSOR Oeffery Strong For ADDRESS 1095 Westview Drive CJ~fIPO Strong's Marine, Inc. BUSINESSTELEPHONE 298-4770 Mattituck NAME OF OWNER (1! different) S~rong~s Marine, Inc. JBUSINESS TEI~:)_NE 477.0 ( ) Camp Mineola Road CITY/pO Mattituck S"~TE J z,P CODE ~ 195~ DESCRIPTION OF ACTION Change of Zone of Parce! identified as shown on ~he attached map. as 1000-122-04-044.002 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 ~llndustrial i-IForest E]Agriculture 2. Total acreage of project area: 8.4 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) Storage Areas 3. What is predominant soil type(s) on project site? f i I l e d I-ICommercial [~Other acres.. f-IResidential (suburban) E3Rural (non-farm) MARINA and BOAT STORAGE 1.Q 5.6 1.5 PRESENTLY AFTER COMPLETION acres 1 . 0 acres acres 5. 6 acres acres ~ . 5 acres land (Fd) a'. Soil drainage: ~Well drained % of site I-1Moderately well drained 95 % of site I-1PoorJy drained 5 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification Systemi' acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~Yes ~No a. What is depth to bedrock? (in feet) '1446-2 (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 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 E^F is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised 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, the9 Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 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 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 declaration will be prepared. B. ^lthough 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 declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency 'Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 'S. Approximate percentage of proposed proiect site with slopes: ¢0-10% 1 0 0 % E]10-15%. 1'-115% 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;' r-lYes [~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [Yes I-INo 8. What is the depth of the water table? 6 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? []Yes 10. Do hunting, tishing 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? r~Yes ICINo According to Identify each species 12. Are there any unique or unusual land forms on ;'he pEoject site? (i.e., cliffs, dunes, other geological formations) DYes r~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? I-IYes [~]No If yes, explain 14. Does the present site include scenic views known to be important to the community? r-lYes [~No 15. Streams within or contiguous to project area: N0rle a. Name of Stream and name of River to which it i.~ tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name games Creek b. Size (In acres) 17. Is the site served by'~xisting p_ublic utilities? F~Yes I-INo a) If Yes, does sufficient capacity exist to allow connection? ~]Yes [No b) If Yes, will improvements be necessary to allow connection? DYes []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 ~]No 19. Is the site located in or substantially contiguous t(~ a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I~Yes il-]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes r~No B. Project Description 1. Physical dime~ions and scale of project (fill in dimensions as appropria'te) a. Total contiguous acreage owned or controlled by project sponsor 8.4 b. Project acreage to be developed: 0~5 acres initially; L).5 c Project acreage to remain undeve)oped0. 5+1,_ . ~a/wa:er¢ acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed --- acres. acres ultimately. f. Number of off-street parking spaces existing 96 g. Maximum vehicular trips generated per hour S c3/11e h. If residential: Number and type of housing units: One Family Two Family Initially ~ Ultimately i. Dimensions (in feet) of largest proposed structure 30 j. Linear feet of frontage along a public thoroughfare project wdl occupy ; proposed 1 22 (upon completion of project)? Multiple Family Condominium height; 50 width; 75 length. ,SC) ft. 3 2. How much natural materi~. .e., rock, earth, etc.) will be removed fro the site? N3ne 3. Will disturbed areas be reclaimed? DYes I'XqNo I~N/A a. If yes, for what intend~C purpose is the site beim~ reclaimed? --- b. Will topsoil be stockpded for reclamation? I-lYes E]No c. Will upper subsoil be stockpiled for reclamation? ('-1Yes I~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Nhr~ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? I-lYes ~No 6. If single phase project: Anticipated period of construction --- 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phasel functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lYes 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project N/A 11. Will project require relocation of any projects or facilities? months, [including demolition). tons/cut ic yards month year, (including demolition). month year. · I'-lYes I~No ; after project is complete nyes (]No If yes. explain 1";'. Is surface liquid waste disposal involved? I~Yes []No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I-lYes [X'INo Type NO change in existing c0nditi0n 14. Will surface area of an existing water body increase or decrease by proposal? I~Yes [~No Explain 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? EXIYes I~No a. If yes, what is the amount per month .1 tons b. If yes, will an existing solid waste facility be used? ~'lYes I-1No c. If yes. give name Town c011ecti0n site ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [qNo Cutchogue I~Yes EqNo 17. Will the project involve the disposal of solid waste? I~Yes K~No a. If yes, what is the anticipated rate of disposal? tons/month. b. I~ yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes [~No 19. Will project routinely produce odors (more than one hour per day)? I~Yes i~No 20. Will project produce operating noise exceeding the local ambient noise levels? I~Yes 21. Will project result in an increase in energy use? rqYes ~]No If ,~es , indicate type(s) R'INo 22. If water supply is from wells, indicate pumping capacity 2000 23 Total anticipated water usage per day 300 gallons/day. 24. Does project involve Local, State or Federal funding? I-lYes If Yes. explain gallons/minute. (No change) (No · 25. Approvals Required: Type Submittal Date City, Town, ViP[age Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional ,Agencies State Agencies Federal Agencies [~Yes I'-J N o [~Yes [-1No [qYes ~No I-lYes gNo ~Yes gNa I-Wes ~No rqYes ~]No I-lYes ~No To~n ~a~d - change of zone Planning_ Rnard - ~i1-~ plan none requi r'ed none requital Town Trust~-Wmtl and¢ 3/95 Appr.12/94 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision/ X~Yes I~No If Yes, indicate decision required: ~]zoning amendment E]zoning variance [-Ispecial use permit i'~subdivision IXlsite plan E]new/revision of master plan l'-Iresource management plan l'-Iother 2. What is the zoning classification(s)of the site? R-SC) ResidenL-ta! 3. What is the maximum potential development of the site if developed as permitted by the present zoning? One (1) house 4. What is the proposed zoning of the site? Marine I 5. 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 use plans? f~Yes 7. What are the predominant ]and use(s) and zoning classifications within a % mile radius of proposed action~ Marine I and Residential Use L~No 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y~ mile? [~Yes E3No 9. If the proposed action is the subdivision of land, how many lots are proposed? n0rle a. What is the minimum lot size proposed? not. app]. icab].e 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lYes . 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? l-lYes ]~o ', a. If yes, is existing capacity sufficient to handle projected demandi r~Yes E]No not. app ! i c. 12. Will the proposed action result in the generation of traffic significantly above present levels? I-Wes ~]No . a. If yes, is the existing road network adequate to handle the additional traffic? I--lYes r-INo, n0tapl 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 impacts and the measures which you propose to mitigate or avoid them. .-. E. Verification I certify that the information provided above is true to the best of my knowledge. · ?Stron.q's Marine, Inc. Date 4/ 4 /95 Applicant/Sponsor bJ~l m e Jeff'e~f_ Strong ~ . If Ihe action is in [he Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding wilh this assessment_ 5 CHARLES P~. GI~DDY 180 OLD COUNTHY i~O.~.D (RTE. RI~,'~HEAD, NY 11901 April 6, 1995 Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Strong's Marine, Inc. RECEIVED APR I f 1 gb Southold 1own Cler~ Dear Mrs. Terry: In connection with owned by Strong's Marine following: a proposed change of zone for property at Mattituck, New York, we enclose the 1. six (6) copies of Petition 2. Environmental Assessment Form 3. Disclosure Statement 4. Six (6) prints of the map showing the existing zoning and the proposed change of zone 5. Proposed Covenant 6. Check in the sum of $1,000 7. Copy of notice to adjacent property owners and affidavit of mailing of same. Please note that the applicant seeks to extend the existing MI District to that land owned by Strong's Marine now zoned as R-80. We respectfully request that this matter be referred to the Town Board so that Board may consider the Petition after it has referred the same for recommendation to the Planning Board. If there are any questions concerning this matter, please do not hesitate to get in touch with me. CRC/ejc Enclosures Very truly yours, Charles R. Cudd~! P.S. Also enclosed are six copies of the radius map. Albert J. IC~pskl, President John Holzapfel, Vice President £ William G. AlberL~on Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone ($16) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOI. FI'HOLD February 1, 1995, 1995 Jeffery L. Strong . .- P.O. Box 1409 . : . .~ Mattituck NY 11952 "' ' ' ' '- Re: ~ S MARINE INC. " ': ' ': '='scTM:~122-9-3'& 6.1 & 122-4-44~2 '' Dear Mr. Strong~ ' ' The following action was taken by the Board of Town Trustees during its regular meeting held on January 26, 1995 regarding the above matter: W~EREAS, Jeffery Strong on behalf of STRONG'S MARINE INC., applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 26, 1994, and, WHEREAS, -~aid application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 26, 1995, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, which will be listed on a separate page, and, TERMS ,and CONDITIONS '--The Permitt~e JEFFERY STRONG FOR STRONG'S MARINE TN~_ residing et Camp MJneola Rond. Mattit. elr p.O_ Rn~ 14Rq N. Y~ ~ p~ of ~e co.ideation for ~e ~,-nce of ~e P~t d~ ~d~d ~ p~ to ~e Eol- i. J': ;~:~ 1. That the s~id Board of Trusteu and the Town of Southold asa t~les.se~ from any nod "' :' - all damages, or chime for damages, of suits trislng~ directly or indirectly ss .,~¥~."";~ ..... .- y.:',, ation Perfonned [~unn~ to th~$ i~m2ite nnd the aid Pecmittee will. et bis or her own expense, '~='.~- .-:..:.~ defend any .nad ali"mob su~ts initiated by third p~r~es,' nad the said Permitt~e ;:--" ~ with respect ~.heret0,'r~ 1~3~ complete exclusion o( the [30LK[ of Trustees e,~-.~.~ ~.?~.:2. Th:~ this Permit ~'v,,lld for n'perind o~ ' -24 mos. wh,~-h ~'~nsideesd to be · '~.~ ~. ~_ cs~nated time required, t~ c6mplete the work ~n~olved~ but should ,-;ro,'-~nacer wnsrna~ request -?' ".. for an e~ension me~ I~e made to the Board et a later date= · 3. That this Permit should be ret~ned indefinitely, ot ns long as the said PecmJl~'e~ withes to maintain the struc'cu~e or project involved, to provide evidence m nayone concerned that nath- nsizatinn wes ori~innlly obt~ned. 4. That the work involved wUl be subject to the inspection nad approval of the Boazd or its agents, and non-compLiance with the provisions of the orlginsting application, may be ~,,~e revocar~on of this Permit by resolution of the said ':~:' ~ . $. 'l-hat there will be no unrnssonnble interf~rnace with n~vJgetion as a result of the work ~'~ . 6. Tha~ there shall be no interference with the i~ght of the [~ubtic to p°-''s~ and repass along ''-?' "'= the beach berwena high nad low water ns~rks. ' 7. That If future operations of the Town of Southold tequise the removal' and/or alterations. -' In the location of the work herein authorized, or if, in the OFiSdou of the Bosrd of Tt'ustext, the work sh~ll cause unreesonable obsr~'uct3on to flee navigation, the said Peflaittee ~ be requls~ u[~on due notice, to remove or alter this work or project herein stated without expenses to the Town of Sou~hold. B. That the said Board will be notified by the Permlaee ns the conspledon of the work auth- orized. 9. That the Permittee will obtain ell other permiu end consents dent may be r~lulred mp- plemental to this permit which may be subject to revoke upon f~u~ to ob*-:~ same. CASE NO: ..~.~...,t.. ...... STATE CF NE%V YORI< To~VN OF SOUTHOLD IN THE MATTER OF THE PETITION OF RECEIVED APR ' PETITION FOR A CI{.A-NGE, AIODI/~ICATION OR A_MENDMENT OF THE BUILDING ZONE ORDL'q- A_NC.E OF THE TOWN OF SOUTHOLD, SUFFOLI{L COUNTY, NElV YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: STRONG'S MARINE, INC. 1. I, .J}J.....~.fl.f.f.~£.X...i~.r.Q.0.9 ......................... residing at .J..O.~..~....W.~.t.~.l.e.w...D.r.i.v.a.,...~attitucl ([riser% name of petitioner) New York 119! Suffolk Counly, New York, the undersigned, am the owner of certain real property si[uated at Matt ituck and more particularly bounded and described as follows: Property identified on the Suffolk County Tax Maps as Section 122 Block 04 Lot 44.2 which is owned by Strong's Marine, Inc. and contiguous parcel, encompassing ail marina property owned and operated by Strong's Marine, Inc. as shown on the survey maps submitted with this application, except house parcel (Section 122-Block 09-Lot 03~ (Met%s a-nd bounds description to be ~rnished under separate cover) 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the To%vn of Southold, Suffolk County, New York, ]neluding the Bulldlng Zone 5{aps heretofore made a par;. thereof, as follows: To change the northerly portion of premises owned b~ Strong's Marine, Inc. from R-80 Residential to M-I Marine. The premises occupied by Strong's Marine, Inc. abutting this property is also zoned M-I Marine. The use of this parcel will be for storage of boats and parking of cars related to the existing uses. (See Town Trustees' approval, attached, dated February 1, 1995) 3. Such request is made for thc folloxving' reasons: To extend zoning of existing parcel so that entire marina area owned by Strong's Marine, Inc. is located in the same zone. Conform the zoning to the existing marina layout while at the same time providing Fort a preserved area undisturbed along the shore line, To permit usage of the upland ar,ea for marina use which is currently prohibited by zoning designation bisecting the parcel and in effect preveDting reasonable use of R-80 parcel. D. To remove inappropriate residential zone. STRONG.'S~_/5//?,./~i,/~MARII4E. INC. By: / (L. S.) ..... .~/~/~ .~~ ./L~Y ........ (Jeffery %trong~ President) STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) JEFFERY STRONG· ............................................... BEIXG DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing' Petition and knows the contents thereof; that the same is true to his (~gm) own knowledge, except as to the matters therein stated to be alleged on informaticn and belief, and that as to those matters he believes it to be true. (L. S.) ............... Sworn to before me this ..~... dayof April 19...95 CHARLES R. CURDY Notary Public, Slate of New Yolk No. 5372225 Q,slifie4 in Suffolk County Commission F~pir~s O~comher 31, DECLARATION OF COVENANTS AND RESTRICTIONS This DECLARATION made and dated this ~A day of April, 1995, by STRONG'B MARINE, INC., with an address of 1095 Westview Drive, Mattituck, New York, hereinafter referred to as "Declarant". W I TNE ~ ETH : WHEREAS, the Declarant is the owner in fee of certain real property situate near James Creek in Mattituck, Town of Southold, County of Suffolk and State of New York, which real estate is known and designated on the Suffolk County Tax Map as District 1000 Section 122.00 Block 04.00 Lot 044.002; and WHEREAS, Declarant desires to maintain a part of that real property which is described on the annexed Schedule A, in its natural state and undisturbed; and WHEREAS, the Declarant in connection with the marine zoning of said parcel believes that it is in the best interest of the Declarant, the Town of Southold and the surrounding community that the within described area remain in its natural state; and WHEREAS, the Declarant for the purposes of carrying out the intents above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: NOW, THEREFORE, in consideration of One ($1.00) Dollar and other good and valuable consideration to the Declarant, receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The Declarant does hereby restrict and limit the use of the parcel described as scenic easement on the map annexed as follows: a) The area described as scenic easement shall remain open, undisturbed and in its natural state. b) No buildings or structures shall be placed in or upon any part of the area described as scenic easement unless approved by the Southold Town Planning Board. c) No marina docks shall emanate from or be connected to the area north of the tie lie as shown on the area described as scenic easement on the map annexed. 2. The area described as scenic easement shall not be open to the public but shall remain i~ its natural state and shall be maintained in that fashion by Declarant. 3. The within Declaration may not be annulled, waived, changed, or modified without the consent of the Southold Town Planning Board, or its successors. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. BTRONG'8 I~,RZNE~ INC. By: (J~/~ry Str~ng) STATE OF NEW YORK) ) COUNTY OF SUFFOLK) On this 4th day of Apriil, 1995, before me personally came JEFFER¥ BTRONG to me known, who, being by me duly sworn, did depose and say that he is the President of B?RONG'~ F~%RINE, INC., with an office at 1095 Westview Drive, Mattituck, New York, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public CHARLES R. CUDDY Notaqt Public, S~ate of New YoH( No. 5872225 Qualified In Suffolk County Commission Expires December 31,199~ ~,~._ DISCLOSURE AFFIDAVIT STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: JEFFERY STRONG, President of Strong's Marine, Inc., an applicant for the following relief: Petition to change zone from R-80 to M-I and being duly sworn, deposes and says: That I make and complete this affidavit under the penalty of perjury and swear to the truth thereof. That I understand that this affidavit is required by Section 809 of the General MuniciDal Law and that a knowing failure to provide true information is punishable as a misdemeanor, being so warned I state: That I am the sole shareholder of Strong's Marine, Inc. and that no one connected with this application is a State Officer; or an officer or employee of Southold Town and that no state officer or officer or employee of Southold has an interest in the corporate applicant. That for the purpose of this section an officer or employee shall be deemed to have an interest in the applicant where he, his spouse, or their brothers, sisters, parents, children, grandchildren or the spouse of any of them (a) is the applicant, (b) is an officer, director, partner or employee of the applicant, (c) legally or beneficiary owns or controls stock of a corporate applicant or is a member of a partnership or association applicant, or (d) is a party to an agreement with such an applicant, express or implied, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of such application, petition, or request. That ownership of less than 5% of the stock of a corporation whose stock is listed in the New York or American Stock Exchanges shall not constitute an interest for the purposes of this action. Knowing the foregoing I reiterate that no State officer or officer or employee of Southold Town has an interest in the corporate applicant. Sworn to before me this 4th day of April, 1995. Notary Publi~ CHARLES R. CUDOY Notary Public, State of New York 1'4o. 5672225 Qualified in Suffolk County Commission Expires~ D~cember 31, 1 Jef~ Stron~ 'PAJtCEL 1 PAl' 1200711 11467 13Z SCHEDULE A (Descriplior9 All that certain plot, piece or parcel o! land, with Ihe buildmgs and improvements thereun erected, situate, Ivingaodbeing at Mattituck, Town of Sou~hoJd, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at; the Northeasterly corner of Lite parcel about to be described, which corner is located the following six course.,; and distance.'; from a point on the Easterly side of olejulane, whJ. ch point J.s 154.97 feet Southerly from the intersection of the Southcr].y side uf Kraus Road and the EasterLy side of olejulane. 1. South 80 degrees 39 minutes 10 secbnds East, 423.36 feet; 2. South ll degrees 22 3. South 22 degrees 13 minutes 50 seconds West, 17d.33 feet; minutes 00 seconds West, 293.88 feet; 4. South 57 degrees 21 ininutes 20 seconds West, 100.99 feet; 5. South 44 degrees 10 minutes 10 seconds West, 160.96 feet; 6. South 35 degrees 19 miautes 00 seconds West, 95.30 fe~t; II[INNING TIIENCE ·from the true point or [;]ace of BEGINN.ING, South 35 degrees 19 minutes 00 seconds West, 302.73 feet; TIIENCE South 10 degrees 48 minutes 20 seconds East, lOG. L4 feet; THENCE South 71 degrees if mJuutes 40 seconds West, 311(I feet, more cr less, to the ordinary high water mark of James Creek; 'L'IIF. NCE along the ordinary high water mark of James Cl:eek, and a dredged canal, a distance of 050 feet to a point and ]ands now or formerly of E.E. Wilsberg; TIIEN~E South 30 degrees 29 minutes 40 seconds East, 85 feet, more or less, to the point of place of BEGINNING. TOGETHER with a right of way and easement et passage, 25 tee; in width and described as follows: BEGINNING at a poiuE on tile Easterly side of olejulane, dJ. stanl: 154.97 feet Southerly from the intersection of the Southerly side of Kraus Road and the Easterly side of olejulane; THENCE South 00 deg[ees 39 minutes 10 seconds East, 423,36 feet; 'I'III~NCE South 11 de%lrees 22 minutes 50 seeDs(Is West, 1.74.33 feet; -continued- PARCEL I DESCRIPTION PAP 1280711 -continued- TIIENCE South 22 degrees 13 minutes 00 THENCE Sou'th 57 degrees 21 minutes 20 TIIENCE South 44 degrees 10 minutes 10 seconds West, 293.80 fee[;; seocnds West, 100.99 feet; seconds West, 160.96 feet; TIIENCE South 35 degrees 1.9 minutes West, 95.30 feet to the Northeasterly corner of the parcel heretofore described; THENCE South 30 degrees 29 minutes 40 seconds West 25 feet more or less, along the line of tile premises heretofore described and lands now or formerly of E. E. Wilsberg; THENCE North 35 degrees 19 minutes 00 TIIENCE North 44 degrees 10 minutes 10 THENCE North 57 degrees 21 minutes 20 THENCE North 22 degrees 13 minutes 00 seconds East, 86.01 feel_; seconds East, 165.78 feet; seconds East, 95.97 feet; seconds East, 283.59 foul:; TBENCE North 11' degrees 22 minutes 50 seconds East, f46.05 feet; TIIENCE North [~0 degrees 39 minutes 10 seconds West, 394.50 fee[: to the Easterly line of olejulane; THENCE along the Easterly line of olejulane, North 02 35 minutes 10 seconds East 25.17 feet to tile point of BEGINNING. degrees place of 8fC0 0fO TOWN BOARD, TOWN OF SOUTHOLD In the Matter of thc Petition of STRONG'S MAR[NE, ]NC. to the Town Board of the Town of Southold. TO: (Names and addresses shown attached list) on NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to requesta chanqe of zone of the premises owned by Strono~s Marine. lnc.. attached map :2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by canal nf ,lames £r~k: FaCt, hy Kreh; Snnth hy Strnng~< Mmrino Tnt' and hn<in ~4p<i- hy .lnma¢ O~aek 3, That the property which is the subject of such Petition is located in the following zoning district: R-80 Residentia! 4. That by such Petition, the undersigned will request that the above-described property be placed in thc following zone district classification: M- I Ma r i ne 5. 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 JNlain Road, Sou£hold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in thc Long Island Traveler-Ma£tituck 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 at such hearing. Dated: April O~/~' , 1995 PostOfficeAddress: c/o Charles R. Cu~y, As Attorney 180 Old Country Road, PO Box 1547 RJverhead, NY 11901 Tel No. 369-8200 PETITIONER OF STRONG'S MARINE, INC. TO TOWN BOARD OF THE TOWN OF SOUTHOLD NAME & ADDRESS OF NEIGBORING PROPERTY OWNERS Mr. Peter Kreh Ole Jule Lane Mattituck, NY 11952 Mr. & Mrs. John J. Newman 925 Hempstead Turnpike Franklin Square, NY 11010 Mr. Anthony Annunziata 296 Summit Avenue Mt. Vernon, NY 10551 Mr. & Mrs. Dennis E. One Wheelright Way Smithtown, NY 11787 Kraft Mr. & Mrs. William Pymn 9 High Road Port Washington, NY 11050 Mr. & Mrs. George F. 1647 Lydia Avenue Elmont, NY 11003 Schaedal Mr. Stanley Chase 116 Centre Island Road Centre Island, NY 11771 Mr. & Mrs. John Eller 115 South Street Manorville, NY 11949 Mr. Ernest Wilsberg 4175 Ole Jule Lane Mattituck, NY 11952 Mr. Robert Johnsen 4300 Soundview Avenue Southold, NY 11971 Mr. & Mrs. Phil Marriner Box 449 Mattituck, NY 11952-0499 Kathryn W. Boyle 13 Hoffman Street Maplewood, NJ 07040 Mr. William J. Tufano 35 Ryder Avenue Di× Hills, NY 11746 Patricia Wagland & James Delany 5510 North Ocean Dr. - 16B Singer Island, FL 33404 Mr. & Mrs. Paul G. Edwards 3760 Ole Jule Lane Mattutick, NY 11952 Mr. & Mrs. Carlo DeGaudenzi 231 Nevada Street Hicksville, NY 11801 Mrs. Antonia P. Paladino 4160 Ole Jule Lane - PO Box 8 Mattituck, NY 11952 Mr. Howard W. Wilsberg, Trustee 1385 N.W. 22nd Avenue Delray Beach, FL 33445 Mrs. Barbara M. Wilsberg, Trustee 4175 Ole Jule Lane Mattituck, NY 11952 Mr. Ernest Wilsberg, 4175 Ole Jule Lane Mattituck, NY 11952 Trustee Z i(~ 33~ Receipt for Certified MajJ No rnsu~ance COVera e Receipt for Certified Mail ISee Reversel Z 101 338 281 Receipt for Certified Mail (See Reversal Z 101 338 ,_80 Receipt for Certified Mail No Insurance Coverage Provldcd (See Reverse) Z /' fP 101 338 Receip~ ~o~ Certified Mail /, I(.> Z 101 338 287 Certified Mail No Insurance Coverage Prowded Z 101 a~-8 302 Receipt for Certified Mail Z 101 a3& P84 Receipt for Certified Mail ........ L01 335 :]78 · -', eceipt for Certified Mail /,lO L 101 338 ?52 Receipt for Certified Mail No Insurance Coverage Provided /./C E Z 101 338 285 .~_ Receipt for Certified Mail No insurance Coverage Provided ...... ~¢ .... , ,/,~,,~ -.~ ~°~"~ ~$ ,~'2' /,tO 101 338 301 Receipt for Certified Mail 101 338 E91 Receipt for Certified Mail No Insurance Coverage Provided De not use for Internauonal Mail (See Reverse) ~.01 338 279 Receipt for Certified Mail Z 10t 33~ ri. q0 Receipt for Certified Mail ....... . ...... ~.~,. Z 101 338 293 Receipt for Certified Mail Do not use for Internahonal Mad ReverseI Z 101 338 277 Receipt for Certified Mail )/ /, ?y'~ J 101 ~321 ~-8~ Receipt for Certified Mail N~ Insur,ance CGverage Provided Z 101 338 a-89 ~eceipt for Certified Mail lbi 338 300 Receipt for Certified Mail /,ir) /,fL3 27 1000 - 144 - 04 - O~ DALE A. STANLEY AG TRUSTEE fOOt HANCOCK AVE. FRANKLIN GO. ~lOlO lO ROBERT L. LEGHTON & HiLL 15 LONG HiLL RD. SMITHTOWN N.Y. ~J787 II JOHN C. VASSIL & WF. 155 BAYVEW RD, MANHASSET N.Y, 11030 000 - 144 - 05 - 21 EDWIN H. RODGER JR. §6 JACKSON AVE. ROCKVJLLE CENTRE N.Y. il570 22 SAMUEL M. SALZ~N~ 4G MAXWELL RD. GARDEN CITY N.Y. 23 PHILIP M. FAHEY ~ ~F. 39 CANTERBURY RD, ROCKVJLLE C~E N,Y, tl570 2~ SAME AS LOT 23 ABOVE E5 S~E AS ABOVE 26 ~ORAH P~Y ~ S~ORS NEEDLE RD. ~ATTJTUCK N.Y. Ji952 ~7 JAMES F. NEEFUS Jr. PARADISE POINT SOUTHOLD N.Y. ~97~ 28 PHIUP R. ~ JEANS P. MARRINER P.O.B. ~49 MATUTUCK N,Y. 292. dEANNE P. MARRINER P,O.B. 449 MATTITUCK N.Y. N952 30.1 JOHN J. ~ LESELOTTE NEWMAN 925 HEMPSTEAD TPK. FRANKLIN SQUARE N.Y. (516) 785 - 5020 P. O. BOX 909 MAIN ROAD SOUTHOLD~ N. Y. iN. Y.S. LIC. NO. 49618 P.C. 11971 7.8 1.22- ~" 36.11 9.4 ...... TAX MAP BLOCK BOUNDARY ....... ZONING D/STRICT BOUNDARY KEY MA P FOR STRONG'S MARINA A T MA T TI TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N K 1000 - 122.- 04 - 44.2 1000 - 122 - 09 -03&6.2 Sca/e: 1"= 200' March 6, 1995 APRIL 12,1995(20(7 RADIUS) PROPERTY WITHIN A 200' RADIUS OF SUBJECT PREMISE fS IN RESIDENTIAL USE. 15 18 6 B.I 125- (~ - 5 T I0 lO00 - t22 - OB - Ot R.M. GtGLIO 160 GARDNER AVE, I000 - ~22 - 04 - 22 ARTHUR W. & ROSEMARY T, HUGHES 5550 OLEJULE LA. MATTITUCK N.Y. 11952 ROBERT d. & ELISA BELSTEN 3650 OLEJULE LA. MATTITUCK N.Y. 24 PAUL G, & CAROLYN EDWARDS 3760 OLEJULE LA. MATTITUCK N.Y. 25 GEORGE F. SCHAEDAL & 1647 LYDIA AVE. ELMONT, N.Y. 11003 26.1 CARLO & ANNA DEGAUDENZI 83/ NEVADA ST. HICKSVILLE N.Y. 11801 ,96.2 STANLEY CHASE lIE CENTRE ISLAND ND. CENTRE ISLAND N.Y. 11771 ,97 ANTONIA P. PALADINO 4160 OLEJULE LA. P.O. BOX 8 MA TT/TUCK N. Y. //95,9 28 JOHN ELLE8 & WF. //5 SOUTH ST. MANORVILLE N.Y. 29 HAROLD kY. kyILSBERG TRUSTEE /$65 N. ky. ,BBND. AVE DELRAY BEACH FLA. 33445 30 ERNEST kylLSBERG 4175 OLEJULE LA. MATTITUCK N.Y. 8952 31 BARBARA M. kylLSBERG, TRUSTEE 4175 OLEJULE LA. MATTITUCK N.Y. 1/952 32 ROBERT JOHNSEN 4300 SOUNDVIEF/ A YE. SOUTHOLD N, Y. 8971 53 MARIA L. ULMET 4800 OLEUULE LA. MA TTITUCK N.Y. /195,9 34 WARREN V/. ULMET 4600 OLEJULE LA, MA TT/TUCK N.Y. 35 ALBERT & DIANE BRISOTTI P.O.B, 723 4700 OLEJULE LA. MA TT/TUCK 41 NESSLER, VICTOR 9 LAICRENCE ST. NEE/ HYDE PARK N.Y. 11040 42 ALBERT & DIANE BRISOTTI 4700 OLEJULE LA. P.O.B. ?23 MA TTITUCK N.Y. 119BB · 43 MARY E. JCALLRAFF 360 N. RILEY AVE. P.O.B. 1079 MATTITUCK 44.2 STRONGS MARINE INC. P.O.B. I409 CAMP MINEOLA RD. MA TTITUCK N.Y. 1195,9 45 JOSEPH J.' DELFAUSSE & CIO LYNN DELFAUSSE /355 NEW SUFFOLK A MA TTITUCK N.Y. 1195,9 46 ERNEST WILSBERG, TRUSTEE 4175 OLEJULE LA. MA TTITUCK N.Y. 39 /GNA TIUS S. & MARY P. CARRAHER 14 ALPHA PL. NEE ROCHELLE N.Y. 10801 I000 - 1~.2 - 06 - i3.3 ERNEST E. W!L$BERG 58§ $ OCEANS WEST BLVD. DAYTONA BEACH SHORES FL. 32114 I,:%§ ERNEST ?. B DONNA A. R'ILS~ER~ OLEJULE LA. YATTITUCK N.Y. 11552 MATTITUCK N.Y, 2357 WEBSTER ST. N. BELLMORE N,Y. 11710 16 SAME AS LOT t5 ABOVE 62. DAVD & DOLORES STRONG P*O.B. t409 MATTITUC~ N.Y.~8 EUZABETH WAMBACK P.O.B.688 tJATTITUCK N.Y. IJBB2 7.8 KATRRYN W. BOYLE J3 ROFFMAN ST. UAPLEWOOD N.J. 07040 7.13 ANTHONY ANNUNZIATA 296 SUMMIT AVE. t~T. VERNON~N.Y. ~0551 T J4 PAUL ANNU~ZJATA 292 SUt, I~JT AVE, MT. VERNON~ N.Y. t0552 7J5 WILL/AM J. TLIFANO 35 RYDER AVE. GIX H~LLS 11746 7dB DENNIS E. & IRENE KRAFT I WHEELRIGHT WAY SYlTHTOWN B.y. N787 7.20 PATRICIA WAGLAND & JAMES DELAN¥ 55~0 N. OCEAN DR. 'IER SINGER iS. FLA. 33404 72.1 SUFFOLK COUNTY 330 CENTER DR RIVERHE D NY ~i90t 72.G JUDITH ERER P.~.BOX T3~MA~-TJTUCK N.Y. D~B2 7.23 PETER F. KREH OLEJULE LA. MA TTITUCK N.Y. I000 - 1~3 - 05 -