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HomeMy WebLinkAboutBruno, LawrenceTHE FOLLOWING DECISION WAS RENDERED BY THE SOUTHOLD TOWN BOARD IN THE MATTER OF THE PETITION OF LAWRENCE BRUNO FOR A CHANGE OF ZONE - PETITION NO. 255. WHEREAS, o petition was heretofore filed with the Town Board of the Town of Southold by ...... -~W~..C.E...~.(~ ........................................... requesting a change, modification and amendment of the Building Zone Ordinance including ~he Building Zone Mops made a p..art thereof by chang- "A" Residential and "M-I" General Multiple lng from ............... Aq. ric~lt~r~l District to .............. R~.~i.d~ ....... District the property described in said petition, and WHEREAS said petition was duly referred to the Planning 8oard for its investigation, recommendation and report, and its report having been filed with the Town Board, and thereafter, a public hearing in relation to said petition having been duly held by the Town Board on the ..... ~-.]~ ....... da;, of ............. ~]4974D.!; .................. , 19.8.5.. , and due deliberation having been had thereon NOW, THEREFORE, BE IT RESOLVED that the relief demanded in said petition be, and it hereby is DENT~'.D. DATED: October 18, $983 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK PUBLIC HEARING SOUTHOLD TOWN BOARD AUGUST 9, 1983 8:15 P. M. IN THE MATTER OF THE PETITION OF LAWRENCE BRUNO FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "M-I" GENERAL MULTIPLE RESIDENCE DISTRICT. Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert }V. Tasker SUPERVISOR PELL: This is a petition for a cbange of zone from "A" Residential and Agricultural District to "M-I" on Route 48 in Greenport. The legal notice will be read by Councilman Townsend. COUNCILMAN TOWNSEND: "Pursuant fo Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York at 8;15 P.M. on Tuesday, August 9, 1983 on the proposal of Lawrence Bruno to amend the Zoning Code (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricu]tural District to "M-I" General Multiple Residence District ali that certain plot, pice or parcel of land, situate, lying and being near Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:" If there are no objections, I will ask that the reading of the legal description be waived. (No objections.) "Any person desicing to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: July 19, 1983. Judith T. Terry, Southo]d Town Clerk." I have an affidavit of publication by Patricia Wood of the Long Island Traveler-Watchman and Joan Gustavson of the Suffolk Times and an affidavit by Judith T. Terry, Town Clerk, stating it was posted on the Town Clerk's Bulletin Board. Page 2 - Public He_bring - I. awrence Bruno Change of Zone Application We have comments from the Department of Planning, County of Suffolk, resolving to "disapprove it because of the following: 1. It is inconsistent with the Town of Southold Development Plan which designates this area for agricultural-single family residence development; 2. If is inconsistent with the pattern of zoning in the surrounding area and therefore must be considered as "spot zoning"; 3. It would tend to establish a precedent for further downzonings in the locale along Middle Road (C.R. 48); and 4. There appears to be ample land available for multi-residence/motel purposes in the surrounding area. Lee E. Koppelman, Director of Planning, signed by Gerald G. Newman, Chief Planner." I have a notice from the Southold Town Planning Board resolving to "recommend denial for the change of zone from "A" Residential and Agricultural District to "M-i" General Multiple Residence District with regard to the petition of Lawrence Bruno, on certain property located near Greenport, for the following reasons with reference to application of Maidstone Development, Inc., February 25, 1980 resolution of the Planning Board: 1. The Board considers this to be spot zoning. 2. It would set a precedent in the area for further downzoning of property. Signed by Henry E. Raynor, Jr., Chairman." SUPERVISOR PELL: Thank you, Joe. COUNCILMAN TOWNSEND: I also have a letter from William Lieblein of the Port of Egypt in favor of the motel rezoning application as he calls it, stating that we need more motel space. That's the only other letter that has been received on that. TOWN CLERK TERRY: We also have a letfer from Irving L. Price, Jr. on behalf of the adjoining property owners, Mr. and Mrs. Bert Crystal, in opposition. SUPERVISOR PELL: Thank you. You've heard the reading of the public notice. Does anybody wish to be heard in favor of this application for a zone change? Does anybody wish to speak on its behalf? Ms. Wickham? ABIGAIL A. WICKHAM, Attorney, l~attituck, New York: Now that we're at the height of our summer tourist season I think there can be no argument that there are more and more people visiting this area and yet there has been, to my knowledge, no recent increase in motel capacity in Southold Town. Before addressing the merits of our application, I would like to introduce to you Lawrence and Joan Bruno, who are seated in the front row, who have summered here for many years and who are now the owners and operators of a family run motel Jn Ostero, Florida. They have been in this business for sixteen years and wish to relocate to the North Fork on a permanent basis with their children. Being experienced in this area of motel operations and having a strong familiarity with the North Fork, they have given the area a thorough overview in terms of suitable land availability and financial viability for such a venture. The fact is that this is the only waterfront parcel they were aisle to locate in the Southold-Greenport area that was available and suitable for this type of venture. Fortunately we think it is well suited in that it is on a major east-west road, County Route Page 3 Public H~ ring - Lawrence Bruno Chan~ of Zone Application 48. It is on Long Island Sound. It is near the Village of Greenport and other business zoned areas and it's also in close proximity to other "M-i" parcels. I would like to introduce as, I believe it would be Exhibit I, a copy of the Suffolk County Tax Map showing this area and surrounding parcels. (Exhibit I color coded copy of Su£folk County Tax Map showing the parcel in question and surrounding parcels.) MS. WICKHAM: To just briefly describe it for you, this parcel is shown in green and the zoning of the surrounding parcels is also colored in, specifically eight large nearby parcels of "M-i" zoning, several business zoned areas, including the nursing home, the campground and the areas along Route 25, municipally owned property in yellow, and the remainder of property left in white which is zoned "A" Residential. You will also note that the Exhibit I shows some squares located on the "A" zone parcels, and those are indicating that most of those "A" zone parcels on Long Island Sound, on either side of this property, already contain residents. That's what those little boxes are, and also that those parcels are all less than three acres in size. I believe the largest is 2.7 acres, so that the likelihood, I think, of there being any further downzoning in this area is small. This is not a case of spot zoning because there are already similarly zoned parcels of property in the immediate vicinity of this property and I believe their existence therefore takes this property out of that spot zoning category. Another reason it's not spot zoning is because this is the only large parcel left along the Sound in this strip. The others are at most half the size ~ind most are considerably smaller. So this parcel may be distinguished on that basis. As to environmental considerations, SEQR process has resulted in a negative declaration, which I believe you have in your file as part of the record. More- over, the property would be serviced by both public water and public sewer. James Monse]l o£ the Village of Greenport sent a letter to the Southold Town Planning Board when it considered this project, saying that upon negotiation of the usual contract with the Village, both water and sewer service could be allocated to this parcel. Since you did not mention having that letter as a part of your files at the outset of this hearing, I would appreciate an opportunity ~o £urnish a copy of it to you for the record as Exhibit II. (Exhibit II - Letter dated April 18, 1983 from James I. Monsell, Superintendent of Public Utilities, Village of Greenport to Ms. Abigail A. Wickham re: supplying the Bruno property with water and sewer demands.) MS. WICKHAM: The water and sewer lines run along Route 48 in front of and on the other side of the road on this property. I find that the Su£folk County Planning Commission's comments that there appears to be ample land in ~he area for motels, multiple use curious. As the Board knows, the area around the nursing home is designated for San Simeon's project. Mr. Bruno found that the area across the street from the nursing home on the sound, which is zoned "M-i" was not available for sale. In fact, one parcel is already a motel, the Sunset Motel, and others contain summer residences or vacant land which is just as likely to be developed £or condominiums as for motels, particularly due to their smaller size. The 17 acre Page 4 - Public Hc~ring - Lawrence Bruno Chan~e of Zone Application parcel south of Route 48 has, I have been told, been purchased for condominium purposes, not for motel. In fact~ Mr. Bruno attempted to buy that property but before he was able to put in an offer he had been told it was sold. The 23~ acre parcel off Queens Lane is used for campground purposes. Therefore, that observation of Suffolk County Planning Commission, is without merit. As to amenities, a motel will provide an excellent tax base and a much needed facility for our important tourist population. Tax revenues generated will not be offset by the larger strain on our property tax dollars, mainly school services. Mr. Bruno, although aware of the extreme seasonal nature of the business, have had much experience in tourism matters, and belleves that through promotions and organizations he can extend the season well into fall and spring and also into winter holiday periods. Since he plans to build a high-quality, energy-efficient physical plant which he would not want to see closed up during the winter and subject to freezing, and since he intends to live there with his family year-round, he does plan to keep the motel open throughout the year. That's providing some steady employment year-round. Of course there would be considerable employment in season in addition. To the extent permitted by site plan, he also intends to provide health and exercise facilities which will serve the community year-round and provide additional jobs. Now we're obviously aware that some of the neighbors have reacted negatively to this proposal. As fo their fear of property value deflation, we need only look a~ the strong and escalating market for Sound frontage, a rapidly deminishing market I might add~ in order to allay their fears in that regard. Their concern, at least, is to two immediate neighbors regarding the disturbance from a motel facility, is a realistic one, but I believe it can be controlled by careful site plan considerations, by screening, fencing, screen- ing of lights, and similar measures. Danger of bluff erosion can also be controlled by environmentally sound and proven measures. In summary, we are fortunate to have a ready, willing, able and experienced family anxious to service an important industry on a parce~ of property well suited and located for that purpose. I thank you very much for your consideration. SUPERVISOR PELL: Thank you. Anybody else wish to make comments in favor of this zone change from "A" to "M-i" on Route Southold. Anybody wish to speak in opposition to it? Mr. Price. IRVING L. PRICE, JR., Attorney, Greenport: I represent Bert Crystal, the adjoining landowner who will be disturbed unless it's very carefully controlled, and he happens to own 2.7 acres, and if you will look at this Exhibit I---he ownes these two parcels, 19 and 16. SUPERVISOR PELL: Right to the west. MR. PRICE: Yes. There's a saying about zoning that's been around as long as zoning. Zoning is never appreciated as much as i~ is appreciated by people who have something moving nex~ door to them and they are attempting to keep it from moving. Now, let's dispense with the approval of William Lieblein. He happens to live at 141 Central Avenue, Greenport, New York, and you couldn't put a motel within 100 yards of him if you didn't knock down a whole lot of Page 5 - Public H, ring - Lawrence Bruno Chanb~ of Zo~e Application buildings and assemble a whole lot of parcels, so it's no skin off of h~s nose when he says we ought to have a motel up next to Bert Crystal. That ought to dispose of him, except for the fact that he's a Village Trustee. I would think that he'd have enough troubles arr~[nging for zoning in the Village of Greenport, without worrying about the Town of Southold. This is the second time around for this parcel. Mr. Crystal has been put to trouble, expense, anguish, because everybody wants to use that parcel for some use that is not provided for. As far as Mr. Bruno having looked all over for a comparable parcel, or better parcels, you can bet your life that his contract to purchase that is subject to this change of zone, and if it isn't, and he owns it, then there's a rule of law that says self-imposed hardships are not to be relieved. He knew when he bought it that it was residential, if he bought if and he owns it now, and he couldn't pu~ a motel there. It's as simple as that. He's looking for money too. Before, as Miss Wickham said, the application in January 1980 by Maidstone was disapproved by ~he County, by the Planning Board and by this Board unanimously, and that was to erect 24 unit condominium. Eight three unit buildings. And it was denied on the grounds of lack of water, spot zoning, erosion of the Sound bank, and the County turned it down because it was inconsistent with the Southold Town Development Plan and it's agricultural designation, not "M-i", inconsistent with the pattern of zoning, it is spot zoning, and it is spot zoning. There's no consideration of a whole area here. The consideration is let's take this choice residential property and make it motel, and as far as my client is concerned, he has expended tremendous sums of money relying on the fact that it was zoned residential next to him and on the west also, and it's not fair to have him constantly coming in to oppose something that he shouldn't have to oppose, because it is residential. Lastly, at the Town Board meeting of February 15, 1983, on a motion by Councilman Murdock, seconded by Justice Edwards, unanimously approved, declared duly adopted, the applicant was required to submit a Long Form Environme~tal Impact Statement. I don't find any record. SUPERVISOR PELL: It hasn't been received yet. MR. Pt~ICE: Well, then you shouldn't be having the hearing. You have no jurisdiction. You required, on February 15th, and I do submit that putting a motel next to a nice year-round residence is a depreciation ol' the year-round residence value and again I say it's unfair since he has expended his sums of money in reliance on this remaining residential. And as far as the objection that the County raised that it will set a precedent for further down- zoning, Miss Wickham said that wouldn't happen. She said that in her preamble. Then she said, towards the end of her presentation, that these parcels that have little squares on, they show vacant residences. My client's is not a vacant residence, and that it will not have any precedence toward having it revised to motel. I make the statement right here that if this is granted every one of those people will want to have motel zoning and they'll have applications and it can't help be a precedent. There's plenty of motel space now. Thank you. SUPERVISOR PELL: Thank you~ Mr. Price. In the back, Mr. Trent. Page 6 - Public H~ _ring - Lawrence Bruno Chan~ of Zone Application MR. MARTIN TRENT, Orient, New York; I ask that the Town Board deny this request for down-zoning for the reasons enumerated by the Suffolk County Planning Co~nission and the Southold Town Planning Board and I'd like to add one more. I think that the Master Plan Update that's in progress will tell us where more motels are needed and if they're needed and designate Chose areas where they should be placed at on a spot-zoning basis. Thank you. SUPERVISOR PELL: Thank you. Ruth Oliva. MRS. RUTH OLIVA, President, North Fork Environmental Council: I think I'm beginning to sound like a broken record, but we do not think that the Town Board should approve or disapprove any zone changes until the Master Plan is updated, otherwise why are we spending a hundred thousand or eighty thousand dollars? You fellows could have done it in Che beginning. Thank you. SUPERVISOR PELL: Mrs. Jean Tiedke. MRS. JEAN TIEDKE, League of Women Voters: and Mrs. Oliva. say amen to Mr. Trent SUPERVISOR PELL: Mr. Bruer. RUDOLPH BRUER, Attorney, Southold: I represent a Mr. Petrucci and a Mr. Pringle. They also object to this motel use and the change ef zone on this property primarily, I guess, along the lines set forth by Mr. Price. I would like at this point to take extreme objection to the hearing being scheduled at all prior to this impact statement being filed, particularly since it was required by the Board. I think it's an essential elemen~ of what the Board should be considering tonight and I think it should be available to the public and the people who like to respond to it prior to the hearing and I don't think this hearing should be conducted or concluded until that is available. With respect to that again I would like to say I represent people who bought property there relying on the zoning that was there, relying that in the future they believed that this would be used as residential proper~y and not multiple, and not mote]. I believe that the zoning being requested here could be used for other multiple uses. Again and going beyond this, I think there should be--if the Board even considered, I mean really seriously considers accepting this plan, I think it should lock itself into something concrete and not something that is vague and is a vague promise of something happening in the future, like motel use. Thank you. SUPERVISOR PELL: Thank you. opposition to? ~Ir. Pfeffer. Any other comment at this time in MR. MARTIN PFEFFER, Greenport: I live about three doors away from Mr. Crystal, and I don't have three or four acres, I've got about 2.3 or 2.5. I know that if this zoning thing goes through you're going to have another one, because I will do it and I have enough trouble now. They talk about the campgrounds, people come down, they drink beer, they walk on the beach, they smash bottles. My grandchildren have cut feet. We can't even go down there to swim. I am definitely opposed to it. Page 7 - Public h _ring - Lawrence Bruno Chanoe of Zone Application SUPERVISOR PELL: Anybody else wish to be heard in opposition to? Mrs. Latham. MRS. KATHLEEN LATHAM, Orient, New York: Yes, I notice this is a change of zone and I'm just wondering under what circumstances to you change a zone? Can you tell me why you change a zone? SUPERVISOR PELL: The Town Board, when requested, reviews the application for a change of zone. If it finds it's in the best interest and so deems it proper--- MRS. LATHAM: In the best interest of whom? SUPERVISOR PELL: The Town.--it can change the zone change. MRS. LATRAM: to waif until in zone. Thank you. And I just think that it would be better you have the Town Plan before you make any changes SUPERVISOR PELL: Public hearings are held to have the residents have input so we can consider their request. That's what we're doing tonight. MRS. LATRAM: Okay, that's my request. Thank you. SUPERVISOR PELL: Thank you. Anybody else wish to be heard in opposition to? (No response.) Are there any other con~ents? MRS. LAWRENCE BRUNO: I feel very badly that Mr. Price feels that way. We're a family and we took our children--- MR. PRICE: Mrs. Bruno, I don't feel that way. MRS. BRUNO: I'm sorry. We're a family and we took our children down to Florida and fortunately or unfortunately my husband is ~n the motel business. He builds them, I run them~ and when we decided to bring back our grandchildren and raise them out here, we looked around and we have been looking for three years, and many of the realtors in Town will tell you, they know me, because he drags me along to every piece of property he looks at. We had a piece about two years ago we thought we were going to buy and it was the right zoning. We don't want to hurt anybody, we don't want to upset anyone, but we would like to relocate, and we love it out here. Sure, we're going to make money, but we're going to work very hard as a family run operation. You will see one of the boys out ~here with a tractor killing himself. You'll see another boy out there running the office, and you'll see my little grand- son probably helping one of those kids. We're not up here to change what's going on. We're saying to you if something is going to be built, a motel, then let a family like ours run ii, because for sixteen years we've been running [wo very good ones, and anyone who wants to come down and ~ake a look at it. We're not going to have strangers there, we're going to have Town people working there, we're going to have family working there, we're not out here to hurt you and I'm sure that you probably will have the best neighbors in the world with Mr. and Mrs. Bruno running a motel. I Page 8 - Public Rc~ring - Lawrence Bruno Chanae of Zone Application get upset when you say that it to us and show us how we it and we'll buy it. there's so much could afford to else around. You show build on it and run SUPERVISOR PELL: Any other comment? Miss Wickham. blS. ABIGAIL WICKHAM: I'd just like to address this issue of the Long Form Environmental Assessment Form. I understood that due to the fact that on July 20th, 1983 there was a Negative Declara- tion issued on the basis of the Short Form Environmental Assessment and the lack of response from D.E.C. and the fact that a hearing was scheduled tonight, that that was no longer required. If the Board wants it, we'll furnish it, but I do not believe that it is required. I think that the SEQR process has been addressed. SUPERVISOR PELL: Thank you. Mr. Price? MR. IRVING PRICE: I don't know anything about the SEQR process, but the rules of Roberts Law have not been applied. SUPERVISOR PELL: Any other comments? COUNCILMAN NICKLES: Gall, how many units are going to be in this motel? MS. WICKHAM: The number that is permitted under current zoning because of the public water and sewer would be approximately 50 to 52. The current zoning density and the availability of public water, the number is between 50 and 52. It would, of course, depend on the site plan of the Planning Board. SUPERVISOR PELL: Thank you. Mrs. Olive. MRS. OLIVA: How many acres is that, Gall? MS. WICKHAM: The property contains 5.2 acres. that is how many units would be available for transient units, they're not living units. I might mention that motel and those are SUPERVISOR PELL: Any other Councilmen have anything you want to ask? (No response.) If not, are you ready to close the hearing, gentlemen? COUNCILMAN NICKLES: Are we resolved with the EIS or not resolved? TOWN CLERK TERRY: You have done a Negative Declaration, so I don't see where you can go back and do it over again. SUPERVISOR PELL: Mrs. Oliva, before we close the hearing. MRS. OLIVA: I think I'd just like to repeat that we're not against motels or the building of motels, or even the specific project, we're against doing anything of this sort, any change of zone, until the Master Plan is updated. Then we can decide just where these things should be put. Perhaps it is the proper place, perhaps it isn't. SUPERVISOR PELL: Thank you. Mrs. Tiedke? Page 9 - Public h .ring - Lawrence Bruno Chanoe of Zone Application MRS. TIEDKE: I support Ruth Oliva again. SUPERVISOR PELL: Mr. Bruer? MR. RUDOLPH BRUER: Just one question, Mr. Supervisor and members of the Board. In light of the prior hearing that was heard here and the traffic problems that were addressed at that time, has there been any issued raised or answers or questions asked with respect to the traffic that this would bring on al~nost that same road, in light of the additional condominium units that has been admitted that will be coming right in the near vicinity, like across the street, I think, as well as that campground? Thaf's a lot of units to come in on that same road that we're talking about that's going to be servicing all these people going from Orient Point down to New York City. I don't know, has anybody asked that question and has the questions been answered? SUPERVISOR PELL: of this time. The questions haven't been asked or answered as MR. BRUER: Thank you very much. I think they should be. SUPERVISOR PELL: Councilmen? Any other comment before we close the hearing? COUNCILMAN MURDOCK: I'm a little concerned about that February 15th resolution. I don't know---I think at one point we better sit down with the Town Attorney and make sure that that resolution either has to be rescinded. TOWN ATTORNEY TASKER: As I understand it, under the process, your first step is an application. You can request the Long Form or a Short Form, and then you make a determination as to whether or not it is likely to have an environmental effect. You presumably have accepted the Short Form and then made your determinatio~l. Row you then thereafter required a Long Form is beyond me, I don't know. MR. PRICE: I believe a determination was made after. COUNCILMAN MURDOCK: I think we required the Long Form first and that wasn't done. SUPERVISOR PELL: Mr. Bruno would like to make a corament. MR. LAWRENCE BRUNO: Listening to everybody speak tonight and to some of the arguments that were put forth, however some were not. I just want to stress the very important facf that I'm not new to the area. Since '55 I raised my kids on what used to be the Ray Derrick property in Orient. Then we spent man5· summers at different motels, so I just wanted to add I'm not here splish splash and in and out. The other statement that was made that I might not build a motel, I might go to condominiums. If the Council wants something to that effect, then I'd be more than happy to supply it. As far as your embankment, they have setback laws that are to my interest to make the place attractive and not disturb the embankment so you have erosion. Another question that was brought was tbe water. You do have city water there, so we are Page 10 - Public ~earing - Lawrence Bruno Change of Zone Application affecting any water. Thank you. SUPERVISOR PELL: Any other comment? COUNCILMAN TOWNSEND: I'd like to ask a question of Gall. When we were asked Co move on this I had not realized--I didn't go back into my files and realize that we had asked for a Long Form Ellviron- mental Impact Statement and why was not a Long Form Environmental Impact Statement presented to the Town Board for their perusal? MS. WICKRAM: The very first thing on the top of this Long Fol~m Environmental Statement says that it's designed to assist in determining whether the action proposed may have a significant effect on the environment, and Article 44 of your Coded under Article 44 you designated yourselves as Lead Agency. On July 20th you apparently determined, for the reasons stated in your resolution, that this project ilas no significant effect on the environment. Apparently you made that decision based on the information then in your file. Therefore, when the hearing was scheduled I did not understand it would be necessary and I do not believe it is now necessary to submit that Long Form Environmental Assessment Statement. I think you've made your SEQR determination based on the reasons you stated in the Negative Declaration. COUNCILMAN TOWNSEND: Whac I'm wondering is in February you were requested to make a Long Form and you decided not to for some reason? MS. WICKHAM: No, I wrote to Young and Young and I had been waiting for them to do i~. I had prepared most of it, frankly, and there was a few questions that I could not answer and that our surveyor could no~ answer in terms of depth to bedrock, slopes, technical information. They had not yet furnished iC co me when this July 20th declaration came in I asked them to stop. It wasn't that I didn't go ahead and do anything on it, it was in process. SUPERVISOR PELL: Gentlemen, I'd like to recess this meeting tonigh~ until I get a chance to break out the February 15th minutes, research it and we'll Calk to Counsel about it, what form we are in. No objections? COUNCILMAN NICKLES: So long as it's net recessed past this evening. Recess called at 9:30 P.M., reconvened at 9:40 SUPERVISOR PELL: We reopen the hearing on the change of zone applica~ion of Lawrence Bruno. The Town Board did discl[ss the points raised tonight by Mr. Price and other people here. We did discuss it with Town Counsel and it is the opinion of the Board that the hearing at this time can be closed and will be closed. The hearing on the application of Lawrence Bruno is closed. Thank you very much. Judith T. Terry Southold Town Clerk Oj~ccr$ GEORGE W. HUBBARD TRUSTEES WILLiPAI D. ALLEN JOSEPH gl. PUFAHL ROBERT T. WEBB SUPT. OF UTILffIES JAI%IES I. MONSELL i[[a e o~ 236 THIRD STREET GREENPORT. SUFFOLK COUNTY NEW YORK I1944 UTILITY OFF{CE TEL (516) 477-1748 POWER PLANT TEL. (516) 477-0172 April 18, 1983 Ms. Abigail A. Wickham Wickham, Wlckham & Bressler Main Road - P.O. Box 1424 Mattituck, New York 11952 Dear Ms. Wlckham: The ¥1ilage win start negotiations for your water and sewer demands for the 5.2 acres on the north side of North Road, Greenpor'c. Your client Mr. Bruno must supply us with the necessary data and a plot plan. If I can be of further service, please call. jeVery truly yours, I. Monsell ~/Superlntendent of Public Utilities JIM:hr cc: Henry Raynor, Town Planning Board JOSEPHJ. FROHNHOEFER VICE PRESIDENT ohnhoefer Electric Company, Inc. MAIN ROAD- SOUTHOLD - NEW YORK 11971 August 5, 1983 OFFICE: 765-2100 EMERGENCY: 766-5441 Southold Town Planning Board Town Hall ~ain Road Southold, ~;Y 11971 AUG 9 Dear Sirs: The rezoning of a 5 acre parcel on the North side of tlle North Road in Greenport, to 21-1 general multiple residence as requested by Lawrence Bruno. We are in total support of Lawrence Bruno's request for the rezoning of a 5 acre parcel on the Sound side of the North Road in Greenport for a proposed motel. As you well know, t]%e summer season is imperative to the financial earnings of this town. ~;e feel the operation of a high quality motel would definitely' have a favorable economic impact on this area. Not only would this project contribute to tax dollars and year round employment,but, it would be one large step in rejuvenating the Greenport/Southold area. During the summer season, it is impossible to get waterfron~ accommodations on short notice. This project will allow for more accommodations,and, i~ turn, bring more people to the North Fork. ~';e hope you will review this proposal in the right prospective, keeping in mind the economic impact this project would have not only during the summer season bdt year round. President Frohnhoefer Electric Comp., Inc. PORTOF EGYPT MAR' "., INC. ~'~ ".~) Main Road Southold, New York 11971 ~,!J 516/765-2445 PORT OF EGYPT MARINE, INC. Route 25, Southold, New York 1~971 ~J~l~J ~ohnson WILLIAM H. LIEBLEIN P r.~,de.t (516) 765'2445 LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and require- men~s of the Zoning 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 Rail, Main Road, Southold, New York, at 8:15 P.M. on Tuesday, August 9, 1983 on ~ proposal of Lawrence Bruno to amend, the Zoning Code (including the Building Zone Maps) of the Town of Southald, Suffolk Camry, New York, by changing from "A" Residential and Agricultural District to "M-I" General Multiple Residence District all Omi certain plot, piece or parcel of land, situate, lying and being near Grennport, in the Town of SouUmld, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the oortharly line of the North Road at ~ southwesterly corner of land couveyed by May Cooper Francisco to Harry G. Marston and wife; from said point of beginning running along said northerly line of the North Road South 53 degrees ~4 minutes ~0 seconds West a distance of 255.26 fee[; running thence along land of the party of the first par~ on a line parallel to and 250 feet westerly from the westerly line of said land of Marston North~4 degrees 56 minutes 30 seconds Wes[ a distance of 852.29 [eet to ordinary high water mark of Long Island Sound; rumgng thence along said high water mark of Long Island Sound North 32 degrees 09 minu~s a0 seconds East a distance ~ 297.75 feet to said land of M~rstun; thence along said land of Marsthn South 24 degrees 56 minutes 30 secom:ls East a dizt;nce of ~62.47 feet to the point or place of beginning, said premises containing 5.207 acres. Any person desiring to be heard on the above proposed amen&,nent should appezr at the time and place above so specified. DATED: July 19, 1~3. JUDITH T. ~ERRY SOUTHOLD TOWN CLERK ITJy28-4305 STATE OF NEW YORK ! ; SS: COUNTY OF SUFFOLK ) Joan W. Gustavson of Greenport, in said County, being duly sworn, says that:7~a~/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ~ day of July 19 8~ term Exp.'es March 30, IgOr" Principal Clerk Sworn to before me this 28th dayof July 19 85 NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and require- ments of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, at 8:15 P.M. on Tuesday, August 9, 1983 on the proposal of Lawrence Bruno to amend the Zoning Code (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M-I" General Multiple Residence Dist_~.c' all that certain plot, piece or p~e[ of land, situate, lying and being near Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly linc of the North Road at the southwest- erly corner of land conveyed by May Cooper Francisco to Harry G. Marston and wife; f~om said point of beginning running along said northerly line of the North Road South 53 degrees 24 minutes 30 seconds West a distance of 255.26 feet; running thence along land of the party of the first part on a line parra[[el to and 250 feet westerly from the westerly line of said land of Marston North 24 degrees 56 minutes 30 seconds West a distance of 852.29 feet to ordinary high water mark of Long Island Sound; running thence along said high water mark of Long Island Sound North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet to said land of Marston; thence along said land of Marston South 24 degrees 56 minutes 30 seconds East a distance of 962.47 feet to the point or place of begin- ning, said premises containing 5.207 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specified. Dated: July 19, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK IT-7/.7.8/83(52) COUNTY OF SUFFOLK sst STATE OF NL~V YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- rncn once each week for ......................... ! .............. weeks successively, commencing on the ............. .f~..: .................. dav~ ............ [ ,~ .k...~- .............. .~.., 19. ~.~..~.;,~ .................. Sworn to before me this .............. .,~.:~...~.. ...... day of ................... ........... Notary Public ,o STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: JUBITH T. TERRY, Town Clerk of the Town of Southold, New York, betas duly sworn, says that .~he is over the a~e of twenty-one years: that on ~he 21st day of July 1983 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 (?ounty, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office, ~ain Road, Southold, New York 11971 Legal Notice - Notice of Hearing on petition of Lawrence Bruno for a Change of Zone - 8:15 P.M., Tuesday, August 9, 1983, Southold Town Hall. ,' Judith'S. Terry ,~/ -~ Southold Town Clerk Sworn to be before me this 21st day of July ., 1983 ry Publ ~/ ELIZABETH ANN NEVILL~ NOTARY pUBLIO, St~to of Ho. 52-8125850, Suffolk C~n~/ Term Expires March 30. 19.3rHr-- LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, at 8:15 P.M. on Tuesday, August 9, 1983 on the proposal of Lawrence Bruno to amend the Zoning Code (including the Building 'Zone Maps) of the Town of Southold, Suffolk County, New York, by i changing from "A" Residential and Agricultural District to "M-I" !General Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being near Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING a5 a monument on the northerly line of the North , Road at the southwesterly corner of land conveyed by May Cooper Francisco to Harry G. Marston and wife; from said point of 'beginning running along said northerly line of the North Road ~ South 53 degrees 24 minutes 30 seconds West a distance of 255.26 · feet; running thence along land of the party of the first part on la line parallel to and 250 feet westerly from the westerly line of ~!said land of MarsZon North 24 degrees 56 minutes 30 seconds West ia distance of 852.29 feet to ordinary high water mark of Long Island Sound; running thence along said high water mark of Long Island Sound North 32 degrees 09 minutes 30 seconds East a ,d~stance of 297.75 feet to said land of Marston; thence along said ii land of Marston South 24 degrees 56 minutes 30 seconds East a lldistaace of 962.47 feet to the point or place of beginning, said · ~presmises containing 5.207 acres. Any person desiring to be heard on the above proposed fl amendment should appear at ,j ,;DATED: July 19, 1983. the time and place above so specifed. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 Lawrence Bruno PLEASE PUBLISH ONCE, JULY 28, 1983, OF PUBLICATION TO JUDITH T. TERRY, ROAD, SOUTBOLD, NEW YORK 11971. AND FORWARD ONE (1) AFFIDAVIT TOWN CLERK, TOWN BALL, MAIN Copies to the following on July 21, 1983: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Abigail Wickham, a/c Lawrence Bruno Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, at 8:15 P.M. on Tuesday, August 9, 1983 on the proposal of Lawrence Bruno to amend the Zoning Code (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M-l" General Multiple Residence District all that certain plot, piece or parcel of land, situate, lying and being near Greenport~ in the Town of Southold, County of Suffolk and described as follows: BEGINNING at a monument on the Road at the southwesterly corner of and State of New York, bounded northerly line of the North land conveyed by May Cooper Francisco to Harry G. Marston and wife; from said point of beginning running along said northerly line of the North Road South 53 degrees 24 minutes 30 seconds West a distance of 255.26 feet; running thence along land of the party of the first part on a line parallel to and 250 feet westerly from the westerly line of said land of Marston North 24 degrees 56 minutes 30 seconds West a distance of 852.29 feet to ordinary high water mark of Long Island Sound; running thence along said high water mark of Long Island Sound North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet to said land of Marston; thence along said land of Marston South 24 degrees 56 minutes 30 seconds East a distance of 962.47 feet to the point or place of beginning, said presmises containing 5.207 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specifed. DATED: July 19, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Lawrence Bruno PLEASE PUBLISH ONCE, JULY 28, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on July 21, 1983: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Abigail Wickham, a/c Lawrence Bruno Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Zoning Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York, at 8:15 P.M. on Tuesday, August 9, 1983 on the proposal of Lawrence Bruno to amend the Zoning Code (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M-l" General Multiple Residence District all that certain plot, piece or parcel of land, situate, Town of Southold, County of and described as follows: lying and being near Greenport, in the Suffolk and State of New York, bounded BEGINNING at a monument on the northerly line of the North Road at the southwesterly corner of land conveyed by May Cooper Francisco to Harry G. Marston and wife; from said point of beginning running along said northerly line of the North Road South 53 degrees 24 minutes 30 seconds West a distance of 255.26 feet; running thence along land of the party of the first part on a line paralleI to and 250 feet westerly from the westerly line of said land of Marston North 24 degrees 56 minutes 30 seconds West a distance of 852.29 feet to ordinary high water mark of Long Island Sound; running thence along said high waEer mark of Long Island Sound North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet to said land of Mars~on; thence along said land of Marston South 24 degrees 56 minutes 30 seconds East a distance of 962.47 feet to the point or place of beginning, said presmises containing 5.207 acres. Any person desiring to be heard on the above proposed amendment should appear at the time and place above so specifed. DATED: July 19, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 Lawrence Bruno PLEASE PUBLISH ONCE, JULY 28, 1983, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK~ TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on July 21, 1983: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Abigail Wickham. a/c Lawrence Bruno Town Clerk's Bulletin Board OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Fown Flail, 53095 Main Road . P.O. Box 728 Southold, New York 11971 IELEPHON[ (516~ 765-1501 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: July 20, 1983 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR Part 617, Section 617 10 and Chapter 44 of the Code of the Town of Soutbold, notice is hereby given that the Southold ~own Board, as lead agency for the action described below, has determined that the project, which is unlisted will not have a significant effect on the environmenv. DESCHIPT[ON OF ACTION Application of Lawrence Bruno for a change of zone from "A" Residential aad Agricultural District to "M-i" General Multiple Residence District on certain property located on the north side of County Route 48 (Middle Road), near Greenport, in the Town of $outhold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the enTironment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York Staze Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town t{a]l. Main Road, Sonthold, New York 11971. Copies to: David DeRidder, DEC, Stony Braek Cemmissloner Williaras, DEC, Albany Southold Towa Building Department Town Clerk'.~ Bulletin Board Abigail A. Wickham, Attorney for Lawrence Bruno RECEIVED JUL 8 To~n Cle~ ~outho~d COUNTY OF SUFFOLK DEPARTMENT OF PLANNtNG LEE E. KOPP£LMAN July 7, 1983 Ms. Judith T. Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of "Lawrence Bruno" (Case No. 255) for a change of zone from "A" Agricultural and Residential to '~-1" General Multiple-Residence, Town of Southold (SD-83-6). Dear Ms. Terry: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on July 6, 1983 reviewed the above captioned applfcation and after dne study and deliberation Resolved to disapprove it because of the following: It is inconsistent w~th the Town of Southold Development Plan which designates this area for agricultural-single family residence de- velopment; 2. It is inconsistent with the pattern of zoning in the surrounding area and therefore must be considered as "spot zoning"; It would tend to establish a precedent for further downzonings in the locale along b~ddle Road (C,R. 48); and There appears to be ample land available for multi-residence/motel purposes in the surrounding area. Very truly yours, Lee E. Koppelman Director of Planning G~a~l ~G. NewTnan Chief Planner GGN:jk JUD[ FH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS Pursuant to Town Board of zoning action K Southold, L. I., N. Y. 11971 Sections 1323 to 1332 of the Suffolk the Town of Southold hereby refers TELEPHONE (516) 765-t801 County Charter the the following proposed to the Suffolk County Planning Commission: New zoning Ordinance Amendment of zoning ordinance X Amendment of zoning map (change of zone) Location of affected land: northerly side of Route 48, near Greenport, Town of Southold, New York. Suffolk County Tax Map No.: 1000-40-1-20 within 500 feet of: X X The boundary of any village or to%~ 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 or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay'in Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power plant. Airport COb~NTS: Attached hereto is the recommendation of the Southold Town Planning Board, by letter dated June 9, 1983. Petition of Lawrence Bruno - A - M-1 Date June 9, 1983 udith T. Terry~ Southold Town Clerk JUN 9 D HENRY E. KAYNOR, Jr , Ctmirrnan JAMES WALL BENNETT ORLOWSKi. Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. l 1971 June 9, 1983 TELEPHONE 765-1938 Mrs. Judith Terry Southold Town Clerk Southold Town Hall Southold, New York 11971 Re: Lawrence Bruno Change of Zone Dear Mrs. Terry: The following action was taken by the Southold Town Plan- ning Board, Wednesday, June 1, 1983. RESOLVED that the Southold Town Planning Board recommend denial for the change of zone from "A" Residential and Agricul- tural District to "M-l" General Multiple Residence District with regard to the petition of Lawrence Bruno, on certain prop- erty located near Greenport, for the following reasons with reference to application of Maidstone Development, Inc., Febru- ary 25, 1980 resolution of the Planning Board: (1) The Board considers this to be spot zoning. (2) It would set a precedent in the area for further downzoning of property. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary REC£WED Town Clef,r 5out,%old IRVING L. PRICE, IR. February 24, 1903 Planning ~oar~ To~:n of $outhold ~.~ain ~oad 11971 Application for Change of Zone Gentlemen: As you may recall~ thls office represents ~lr. and Mrs. Bert Cry~ta]. who are adjoining property owners to the Drop-rty of the subject application. Th~s property was pre- vi[~u~ly t~e m]bject of ~ proposed change of zone under the name of Ma~dston~ Development, In~. Your Board recommended to the Town Board tkat i% disapprove that application by unanimous vot~ on November 26r 1980, ~t lS our underst~nding that the purpose of the requested change of ~one is to enable the applicant to con- struct a motel on the subject property. ~he~efore, we again will be representing Mr, and Mrs. Crystal to op_~o~e the appli- cation, It has been brought to my attention that this matter will be d~scussed by your Board at your meeting of ~4arch 7, 1983. It ~s respectfully requested t~at w~ be q~ven an oppor- tunity to make a presentation to your Board a~ your next meeting after March 7r 1983 ~n respect to the sub,eot a~plt~at$on. ILP~kk cc ~ Mr. and Mrs. Bert Crystal Town Board - Town of Southold OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD £own Hall, 53095 Main Road P.O Box 728 Southold. New York 11971 TELEPHONE (516) 765-1801 February 17, 1983 Abigail A. Wickham, Attorney Main Road, P. O. Box 1424 Mattituck, New York 11952 Dear Gall: The Southold Town Board at a regular meeting held on February 15, 1983 adopted a resolution to reques~ Lawrence Bruno to prepare and submit a Long Environmental Assessment Form wi~h respect to his petition for a change of zone from "A" Residential and Agricultural District to "M-i" Ge~eral Multiple Residence Distric~ on certain prop- erty located on the north side o£ County Route 48, near Greenpor~, Town of Southold, New York. The aforesaid form is enclosed herewith. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUD]TI[ ]. T[!RF, V OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53005 Main Road P O. Box 728 Southold, New York 11971 TELEPHONE (5[6) 765-1801 February 2, 1982 Mr. tfenry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry Transmitted herewith is the petition of Lawrence Bruno requesting a change of zone from "A" Residential and Agri- cultural Dlstrlct to "M-i" General Multiple Residence District on certain property near Greenport in the Town of Southold, New York. You are hereby instructed to prepare an official report definzng the conditions descirbed in said petition and determine the area so affected with your recommenations. Very truly yours, Sudith T. Terry Southold Town Clerk Attachment JL:D[HI f TIRRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town ItaII, 53095 Main Ro,:d . P.O. Box 728 SoudioM, New York 119vi TELEPHONE February 2, 1982 Mr. David DeRidder Environmental Analysis Unit N,Y.S. Dept. of Environmental Buildin~ 40, SUNY - Room 219 Ston~ Brook, New York 11794 Dear Mr. DeRidder: Enclosed is application of Lawrence Bruno for a change of zone from "A" Residential and Agricultural District to "M-I" General Multiple Residence District on certain property located on t:he north side of Route 48 (Middle Road), near Greenport, in the Town of Southold, New York. This project is unlisted and our initial determination of non-significance []as been made and we wish to coordinate this aczion to conform our initial determination in our role as lead agency. May we have your views on this matter. Written conmlents on this project will be received at this office unril February 21, 1983. We shall interpret your lack of response ~o mean there is no objection by your agency. Very truly yours, Judith T_ Terry Town Clerk ~nclosures cc: Commissioner Fl~Lcke Southold Town l~ttilc[i~tj IDepartmonL OFFICE OF [HE TOWN CLERK TOWN OF SOU I-HOLD Hall, 53095 Main Roa.I ILO. Box 728 Sotlthold, Nc,,,, 'fol'k 119vi I[LIPIIONI To Whom It May Concern: January 19, 1983 At~ached hereto is Short Environmental Assessment Form flled by Abigail A. Wickham on behalf of Lawrence Bruno in connection with his application for a Change of Zone from Residential and Agricultural District to "bi-l" General Multiple Residence District on certain property located on the north side of Route 48 (Middle Road), near Greenport, in the Town of Southold, New York. &'Judith T. Terry Southold Town Clerk Posted on the Town Clerk's Bulletin Board on January 19, 1983. TOWN OF SOUTHOLD SttORT EHVIROHUEHTAL ASSESS}JEHT FORH IHSTRUCTIOHS: (a) In order to answer the questions in this short fAF it is assumed that the preparer will use currently available information concerning the project end the likely impacts of the action, It is not expected that additional studies, research or other investigations will be undertaken. (b) If any questlon has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. t'~ill project ~esuit in a large physical chaage to the p~oject site or physically olte_r more khan l0 acres oF land? ........................ Yes $~No 2. Will there be a major chon9e to any unique or unusual land form found on the site? .......... Yes 3. Will projec~ alter or hove a large effect on existing body oF water? ....................... Yes ~o 4. Will project have a potentially ~ar~e impact on grouHdwater quality?....~. ~..~J.~.. ........... ' Yes 5. Will psojec~ significantly eFFec¢ d~ainoge flow on adjocen% siCes? ........................ Yes ~o d. Will projec¢ affec~ any th~eaCened endangered plan~ or animal species? ........... ~Yes ~No 7. Will projec~ resul¢ in o majo~ adverse eFFec% on air quoli~y? ............................... iYes_~o 8. Will p~ojec~ have o major eFFect on visual cho~oc~e~ o~ ~he community o~ scenic views visLas known ~o be impo~ton~ to ~he communi~y?~Yes ~. Will project odvezsely impac~ any site s~ruc~u~e oF his~oric~ psehis~o~ic or paleontological importance o~ any designo%ed as a c~1~ical environmenkol a~eo by a local agency? ............ -.:..-.~.' ..... · .... · Yes lO. Will p~ojec~ have a bajor effect on exisLing~ 11. Will p~oject ~esult in majo~ traffic problems or cause a major ef{ect to existing transportation systems? ....................... Yes 12. Will p~oject ~egulo=ly cause objectionable odo'rs~ noise~ glare, vibration~ or electrical disturbance as a result of the project's operation? .................................... Yes ~';o 13, Will project have any impact on public health or safety? .................................... __Yes 14. Will project affect the existing communily by directly causing a g~owth in permanent population of more than 5 percent ove~ a one yca~ period or hove a major negative effect on ~he character of the community o~ neighborhood? ................................. Yes Ho Is there public controversy concerning the p~oject? ................... ~y~F. ~ ............. ~Yes. ~ Ho R E P R E S E N T I t;G .Z,~u.'~ ~c-~ '~ £~.~z,ID DATE CAS . NO: .... STATE OF NEW YORK TOWN OF SOUTHOLD RECEIVED Town Clerk $outhold PETITION IN THE MATTER OF THE PETITION OF LAWRENCE BRUNO FOR A CHANGE, MODIFICATION OR A.MENDMENT OF THE BUILDING ZONE Oi:~DIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 684 Estero Blvd. 1. I, ...L..A.~.E...N...G.~.....B~...U~.-.Q .............................. residing at .~.:.....~y.e...r...s.....B...e.~..q.h..~....F..L...33931 (insert name of petitioner) Contract vendee l~lt~m'~1~Og New York, the undersigned, am thd~atm~' of certain real property situated at Greenport, Town of ..... So.u~hald~,. ................................ and more particularly bounded and described ma:~al/~ on SCHEDULE A attached hereto. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To rezone the property described in Schedule A from "A" Agr±cultural and Residential to "M-i" General HulE±ple Residence D±sErict. Such (a) request is made for the following reasons: The premises are in the midst of M-1 and B zoning districts and the proposed zoning would be compatible with surrounding uses. (b) There is a need in Southold Town for additional motel uses to serve the tourism trade, and the waterfront location makes this parcel feasible for a successful motel operation. Because of the strong demand for waterfront property, there is a rapidly decreasing availability of waterfront parcels of sufficient size and suitable location for accommodation of our tourist poplution. (c) Therewill be minimal impact upon the environment due to the avail- ability of publid water and sewer facilities. LAI~,EN CE BRUNO FLORIDA STATE L~ ) SS:- COUNTY OF LAWRENCE BRUNO, BEING 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 (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. (L. S.) .......... ~ Sworn tod~efore me this / .~....r~day of...De, ce.l'tlb~ .........., 19.82, ~I ~ N ry Public '.'. SCHEDULE A i.~4~ffm:'~dbeinff~,'~ near Gr~onport, in tho To~m of ~outhold, Co~y of S~folk ~d S~ato of ~oW Yo~k, bo~dod and described a~ follows: BEGINninG at a mon~ent on ~he northerly line of tho North Road at thc southwesterly comer of land convoyed by the party of the first p~to Hazy G. Marston ~d ~fc; from said point of begging along said northerly l~no of tho Horth ~oad South ~3 do~oes 24 ~nut~ 30 seconds West a distance of 2~.26 feet; r~ning thence along l~d of the par~y of the first part on a line parallel to ~d 2~0 feet wes%' orly from the westerly 1Luo of said land of I.~arston North 24 ~6 minutes ~0 seconds Nest a distance of 8~2.29 feet to ordinary high water mark of Long Island So~d; r~n~g thence along said high v~atcr mark of Long Isled ~o~d North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet to said land of l~arston; thence along said land of ]~i~ston South ~ de,ecs ~6 minutes 30 seconds East a distanc~ of 962.4? feet to thc point or place of beginn~g, said premises con- taining 5.207 acres according to survey of Otto W. V~ Tuyl & Son, dated October 31, 1961. Reserving to the party of tho first part, her heirs, legal ropresen~g tires and assigns the right to the uso of the pond on the premises to drain the pond completely, or to leave the pond in its present condJ tion, providing nevertheless, that if the westerly line of the premise~ herein conveyed cuts through any part of the oond, tho party of the second part, his heirs, legal representatives-and assigns, may at his discretion, fill in such part of the pond as may lie within his proper~ 1Lne o * party.~pf the first part- I~ay Cooper Francisco TO~IN OF SOUTHOLD SHORT ENVIROt~L{ENTAL ASSESSF4ENT FORk~ INSTRUCTIO~4S: (a) in ~rder to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) ]£ any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered F~o it is likely that this project is not significant. (dj Env---~-ronmental Assessment I. WilZ project result in a large physical change to the project site or physically alter more khan 10 acres of land? ........................ Yes 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes 3. Will project alter or have a large effiect on existing body of water? ....................... Y.es ~o 4. ~'Iill project have a potent~lly_lL~aF~e impact on groundwater quality?...-~Y~. 1.~.~-~.. ........... Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes 6. Will project affeci any threatened endangered plant or animal species? ........... Yes'No 7. ~'/ill project result in a major adverse effect on air quality? ............................... Yes ~o 8. ~'lill project have a ma)or effect on visual characfer of the community or scenic views or vistas known ia be important ~o the community? Yes ~No ~. ?/ill project adversely impact any site or structure of hisforic, pret~istoric or poleonfological importance or any site designated as a critical environmental area by a local agency? ............. ;..-.-~.;-...-.".....- Yes ~No 10. ¥?ill pro,ecl have a bajor effect on existing. il. ~'till project result in major traffic problems or cause a major effec~ to existing transportation ~ystems? ....................... Yes 12. Will project regularly cause objectionable od~rs, noise, glare, vibrolion, or electrical disturbance as a result of the project's operation? .................................... Yes ~No 13. Will project have any impact on public health or safe{y? .................................... Yes 14. ¥~ill project affect the existing community by directly causing o growth in permanent papule{ion o~ more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? ................................. Yes~No 15. Is there public controversy concerning the p~o~ect? ................... ~: ~*t ............. Yes ~ No TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of LAWtLEN CE BRUNO to the Town Board of the Town of Southold_ TO: SEF ATTACHED LIST NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is tbe intention of the undersigned to petition the Town Board of the Town of Southold to request a. change of zone 2. That the property which ~,~Rhs~l~jt of the Petition is located adjacent to your property and is des- cribed as follows: Suffq]~k~T~ ~l~P. No. 1000-40-1-20 bounded North by Long Island Soun~.Ba~,~4:Parlamis, South by Middle Road, West by Crystal. Containing 5.2 acres. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" AgrSeul~ural and Residential, 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "M-'l" General Multiple Res±dence. 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at /',lain Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the r0atter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing_ Dated: December 14, 1982 Petitioner LAWRENCE BRUNO Post Office Address: 684 Estero Boulevard Ft. Myers Beach, FL 33931 PROOF OF MAILING OF NOTICE STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: ELLEN PRESTON URBANSKI, residing at 309 Fanning Blvd. #4, Riverhead, New York, being duly sworn, deposes and says: that on the 17th day of January, 1983, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the persons listed on the attached sheet, at the addresses set forth below their respective names; that the addresses set forth below the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested, and the re- spective receipts are attached hereto. Ellen Preston Urbanski Sworn to before me this 17th day of January, 1983 Notary Public Expires Mai'. 30, 19.-.~~ RE: Application ~ ~wrence Bruno - Suffolk ~o. Tax Map #1000-40-1-20 for Change of Zone ADJOINING PROPERTY OWNERS DISTRICT 1000 DISTRICT 1000 SECTION 040 SECTION 040 BLOCK 01 BLOCK 03 LOT LO% 13 - Mr. Jolyan F. Stern 1 420 Lexington Avenue New York, NY 10170 14 - Mr. Martin C. Pfeffer 2 - RD 1, Box 295 Greenport, NY 11944 15 - Mr. M. J. Loscalzo 3.2 - 5 Farm View Drive Dix Hills, NY 11746 16 - Ms. Marilyn Crystal 3.3 - 114 East 72nd St. New York, NY 10021 17 - Mr. David Renwick 3.4 - 1 5th Avenue - Apt. 7G New York, NY 10003 18 - 19 - 21 - 22 - Mr. & Mrs. Bruce Pringle North Road Greenport, NY 11944 Mr. & Mrs. Burr Crystal 114 East 72nd St. New York, NY 10021 Mr. Nicholas Parlamis 8923 Shore Road Brooklyn, NY 11209 Mr. Richard Petrocy 279 East 44th St. New York, NY 10017 23 - Village of Greenport Greenport, NY 11944 Kase Realty 43 West 54th St. New York, NY 10019 Ms. Judith Fenno 19 Radcliff Road Wellesley, MA 02181 Mr. & Mrs. William Nedoszytko 739 First St. Greenport, NY 11944 Mr. Arthur L.R. Francisco Box 6 Silverton, CO 81433 Mr. Edward Broidy 149-01 Hollywood Ave. Flushing, NY 11355 EDWARD J. BAHLKE, residing at 5 Revilo Road, Bayville, New York 11709, as owner of the 5.208 acre parcel on the north side of North Road, Greenport, New York (Suffolk County Tax Map No. 1000-040-01-020), consents to the application by LAWRENCE BRUNO for the following: 1. 2. 3. Dated: Application to the Southold Town Board to rezone the premises to M-1 Multiple. Application to the New York State Department of En- vironmental Conservation. Application to the Suffolk County Department of Health Services for approval of water and sanitary systems. Any and all other necessary applications required in connection with the rezoning application. November/O , 1982 ~' ~%~1~. ~-~7~.~'~. EDWARD J. BAHLKE WlCKHAM, WICKHAM ~. BRESSLER, P.c. UAN 1 8 Janl~; 17, 1983 Southold Town Board Town Hall Southold, NY 11971 Re: Application of Lawrence Bruno SCTM #1000-40-1-20 Gentlemen: Enclosed please find the following in connection with the above application for change of zone: 1. Petition, in triplicate; 2. Original Notice to Adjoining Property Owners, with proof of service thereon; 3. Short Envirorm~ntal Assessmmnt Form; 4. Signed Consent of owner; 5. Six copies of the survey; and 6 copies of zoning map; Check to the order of the Southold Town Clerk in the sum of $100.00, representing the application fee. If all is in order, please schedule this matter for your next meeting. Thank you for your attention to this matter. Very truly yours, Abigail A. Wickham /eu - P'0r..- �al. v iW t7cale i 20:x'=r" � I Z � oil, N iC re:,ir�CHCC l � _ _ 1-Q1 W j6 [�ar^acj•B Q Q Sul^=rk Coco rtLf Tax Map L�Gi9'no-Fiore: jT�1 m 1000, Sec+.040, r4. (. PL-(.00. ui ..r�.. i'on� , axce��'i' cry iftdica'Irr�, Z 25�• ' � i � �NAutNdR'eLu.111 "." ..., m r' 1 S 72F904 iH[HEW YOAR SiALF [OUCACI CAil011 LAW CO'Ir5 O4 THJ5 SURVEY M,NOT eSAAINO JH¢UNC SUML106'I IfM(.0 SEAL OR ' hf eMb5EFF SIAL 511ALL FOE IF COH61CHb i b eE A VALO DwE Copy, J. 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