Loading...
HomeMy WebLinkAboutDeMaula, Anthony - No ActionP.O. BOX 1123 Mattit uck, n.I. New York, 11952 December 15, 1981 TOWN PLANNING BOARD SO UTHO LD NEw YORK GENTLEMEN, I am opposed to the granting of a zoning change for Lot P on Mattituck Inlet, unless a definite restriction is placed upon the use of NORTH DRIVE by the owner of LOT P. NORTH DRIVE is a private road maintained by the property owners. It is not physically able to handle comn~rcial vehicles and traffic. own Lots M & N on NORTH DR. Mr. Robert Foudy is the owner of Lot O. I will write Mr. Foudy and notify him of the request so he can express his opinion. LOIS P. LESNIKOWSKI JUDITH T. TERRY TOWN CLERK REGISTRP~R OF VITAL STATISTICS OFFICE OF TIlE TOWN CLERK TOWN OF SOUTIIOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 10, 1981 Rudolph H. Bruer, Esq. Main Road Southold, New York 11971 Dear Mr. Bruer: The Southold Town Board, at a regular meeting held on December 8, 1981, discussed at length the application of Anthony J. DeMaula and Dorothy A. DeMaula for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property at Shore Acres, Mattituck. It is the opinion of the Town Board that 3lr.and Mrs. DeMaula apply to the Zoning Board of Appeals for a variance on this property, rather than proceed with the proposed change of zone. Very truly yours, Judlth T. Terry Southold Town Clerk Mattituck Inlet Advisory Committee BOX 52 MATTITUCK, NEW YORK 11952 December ?~ 1981 Mr. William Pell~ Supervisor Members of the Bouthold Town Board Southold~ New York llg?l Gentlemen: Pursuant to a request by the Southold ~own Board for the MIAC to review: application of Anthony J. DeMaula and Dorothy A. DeMaula for a change of zone from "A" Residential to "C" Light Industrial District on certain property at Mattituck~ the Committee has reviewed this application and recomnends the following: %fnile the MIAC approves and encourages the use of this property for commercial fishing activities~ it feel that other uses included in the "C" Light Industrial District may not necessarily be compatible or acceptable. We feel that perhaps a "use variance" might serve the needs of the appli- cant~ by allowing him to use this property for commercial fishing activities~ and also preserve the Mattituck Creek Watershed Area~ by protecting this property from the possib- ility of future industrial activities occuring at this site. I wish to reiterate that the Committee supports and encourages the use of this property for commercial fishing activities and hope that full consideration is given to resolve this application. Sincerely~ Lydia Tortora Co-Chairperson MI AC November 9, 1981 M~. William Pell and Membe~ of Town Board Main Rd. Southold, NY 11971 Dear Mr. Pell and Members of the Town Board: liOV I!01981 It is our understanding that you have had a Public Hearing on the following matter: A. De Maula change of zone from A-R to C Zone. Location of said property North Dr. Mattituck, and Mattituck Creek. We the property owners of North Dr. Mattituck do not object to the granting of this change of zone as long as there is a legal right-of-way through the Mattituck Inlet Marina. T~ reason for this potential objection is because North Dr. is a very fragile road which could not accommodate a great deal of commer- cial vehicles. The reason why~letter is unsigned*is because of a lack of an association, however the property owners who were able to be contacted do have a strong interest in this letter. Let us reiterate that unless a legal enforceable rig~h~f-way exists over Mattituck Inlet l~rina or Mattituck Holding Corp. property then we the property owners who live and own property on North Dr. do strenously object ~ this change of zone. Very T~uly yours, V'Ooncerned Froperl;y uu~ez~ o~ Nor~ D~. ~ore Ac~es, ~ttituck, ~ *by all t~ p~Rerty owners P.S. ~a~ you for considering this ~quest ...... ... PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 5, 1981 8:10 P.M. IN THE MATTER OF THE APPLICATION OF ANTHONY J. DeMAULA AND DOROTHY A. DeMAULA FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "C" LIGHT INDUSTRIAL DISTRICT ON CERTAIN PROPERTY AT MATTITUCK, NEW YORK. SUPERVISOR PELL: We will move on to the hearing for Anthony J. DeMaula and Dorothy A. DeMaula. Councilman Murdock will read it. COUNCILMAN MURDOCK: "8:10 P.M. by changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Anthony J. DeMaula and Dorothy A. DeMaula situated at Mattituck, New York, and more particularly bounded and described as follows: All that certain plot, piece or parcel of land, shown and designated as Lot "P" on map entitled, "Map of Shore Acres, situate, Mattituck, Suffolk County, New York", surveyed December, 1913 by Roswell S. Baylis, C.E., Huntington, L.I., New York and filed in the Office of the Clerk of the County of Suffolk, New York on or about January 3, 1914 as Map No. 41. Any person desiring to be heard on the above proposed amendments should appear at the time and place above so specified." I also have an affidavit from Troy Gustavson saying that it was published in his paper the Greenport Suffolk Weekly Times, an affidavit that it was published in the Long Island Traveler-Mattituck Watchman, notice from Judith T. Terry, the Town Clerk that it was published on the Town Clerk's Bulletin Board. I have a letter from the Suffolk County Department of Planning to the Town of Southold, Town Clerk: "Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that vehicular access will be through industrially zoned lands to the north of the premises. Signed: Very truly yours, Lee E. Koppelman, Director of Planning." A letter from the Southold Town Planning Board: "Mr. William Pell: Regarding the same day inspection of the property of Anthony J. and Dorothy A. DeMaula, we recommend approval on the change of zone "A" Residential and Agricultural District to "C" Light for the following reasons: 1. The configuration of the property conforms with the area stipulated under the zoning classifications. 2.Reasonable extension of the existing C-1 use to the North of the property. 3. Consistant with the development plan for the promotion of agriculture and commercial f~shing. 4. The residential use of the property is inhibited by the terrain, as LILCO has high tension running through the premises. P.O. BOX 1123 Mattituck, L.I. New York, 11952 December 15, 1981 TOWN PLANNING BOARD SOUTHOLD NEW YORK GENTLEMEN, I am opposed to the granting of a zoning change for Lot P on Mattituck Inlet, unless a definite restriction is placed upon the use of NORTH DRIVE by the owner of LOT Po NORTH DRIVE is a private road maintained by the property owners. It is not physically able to handle commercial vehicles and traffic. I own Lots M & N on NORTH DR. Mr. Robert Foudy is the owner of Lot O. I will write Mr. Foudy and notify him of the request~so he can express~his opinio, n. ~ LOIS P. LESNIKOWSKI JUDITH T. TERRY TOW~ CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 10, 1981 Rudolph H. Bruer, Esq. Main Road Southold, New York 11971 Dear Mr. Bruer: The Southold Town Board, at a regular meeting held on December 8, 1981, discussed at length the application of Anthony J. DeMaula and Dorothy A. DeMaula for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property at Shore Acres, Mattituck. It is the opinion of the Town Board that Mt.and Mrs. DeMaula apply to the Zoning Board of Appeals for a variance on this property, rather than proceed with the proposed change o£ zone. Very truly yours, Judith T. Terry Southold Town Clerk M ,ttituck Inlet Advisory Committee BOX 52 MATTITUCK, NEW YORK 11952 December 7~ 1981 Mr. William Pell~ Supervisor Members of the Southold Town Board Southold~ New York llg?l Gentlemen: Pursuant to a reqmest by the $omthold Town Board for the MIAC to review: application of Anthony J. DeMaula and Dorothy A. DeMaula for a change of zone from "A" Residential to "C" Light Indmstrial District on certain property at Mattituck~ the Committee has reviewed this application and recomnends the following: While the MIAC approves and encourages the mse of this property for commercial fishing activities~ it feel that other ases inclmded in the "C" Light Indmstrial District may not necessarily be compatible or acceptable. We feel that perhaps a "use variance" might serve the needs of the appli- cant~ by allowing him to use this property for commercial fishing activities~ and also preserve the Mattituck Creek Watershed Area~ by protecting this property from the possib- ility of futare industrial activities occuring at this site. I ~sh to reiterate that the Committee supports and encourages the mse of this property for commercial fishing activities and hope that full consideration is given to resolve this application. Sincerely, Lydia Tortora Co-Chairperson MI AC November 9, 1981 M~. William Pell and Membe~ of Town Board Main Hd. Southold, NY 11971 Dear Mr. Pell and Members of the Town Board: It is our understanding that you have had a Public Hearing on the following matter: A. De Maula change of zone from A-R to C Zone. Location of said property North Dr. Mattltuck, and Mattituck Creek. We the property owners of North Dr. Mattituck do not object to the granting of this change of zone as long as there is a legal right-of-way through the Mattituck Inlet Marina. T~reason for this potential objection is because North Dr. is a very fragile road which could not accommodate a great deal of commer- cial vehicles. The reason why t~letter is unsigned*is because of a lack of an association, however the property owners who were able to be contacted do have a strong interest in this letter. Let us reiterate that unless a legal enforceable rigger-way exists over Mattituck Inlet ~rina or Mattituck Holding Co~p. property then we the property owners who live and own property on North Dr. do strenously object ~ this change of zone. Very Truly yours, Fro e-~y ~s of North Dr. Shore Acres, Mattituck, *by all the p~op~erty owners P.S. Thank you rot conaidering this ~equest ...... ... PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 5, 1981 8:10 P.M. IN THE MATTER OF THE APPLICATION OF ANTHONY J. DeMAULA AND DOROTHY A. DeMAULA FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "C" LIGHT INDUSTRIAL DISTRICT ON CERTAIN PROPERTY AT MATTITUCK, NEW YORK. SUPERVISOR PELL: We will move on to the hearing for Anthony J. DeMaula and Dorothy A. DeMaula. Councilman Murdock will read it. COUNCILMAN MURDOCK: "8:10 P.M. by changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Anthony J. DeMaula and Dorothy A. DeMaula situated at Mattituck, New York, and more particularly bounded and described as follows: All that certain plot, piece or parcel of land, shown and designated as Lot "P" on map entitled, "Map of Shore Acres, situate, Mattituck, Suffolk County, New York", surveyed December, 1913 by Roswell S. Baylis, C.E., Huntington, L.I., New York and filed in the Office of the Clerk of the County of Suffolk, New York on or about January 3, 1914 as Map No. 41. Any person desiring to be heard on the above proposed amendments should appear at the time and place above so specified." I also have an affidavit from Troy Gustavson saying that it was published in his paper the Greenport Suffolk Weekly Times, an affidavit that it was published in the Long Island Traveler-Mattituck Watchman, notice from Judith T. Terry, the Town Clerk that it was published on the Town Clerk's Bulletin Board. I have a letter from the Suffolk County Department of Planning to the Town of Southold, Town Clerk: "Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that vehicular access will be through industrially zoned lands to the north of the premises. Signed: Very truly yours, Lee E. Koppelman, Director of Planning." A letter from the Southold Town Planning Board: "Mr, William Pell: Regarding the same day inspection of the property of Anthony J. and Dorothy A. DeMaula, we recommend approval on the change of zone "A" Residential and Agricultural District to "C" Light for the following reasons: 1. The configuration of the property conforms with the area stipulated under the zoning classifications. 2.Reasonable extension of the existing C-1 use to the North of the property. 3. Consistant with the development plan for the promotion of agriculture and commercial fishing. 4. The residential use of the property is inhibited by the terrain, as LILCO has high tension running through the premises. PAGE 2 - PUBLIC HEAF, 3 - APPLICATION OF ANTHON~ 7. DeMAULA AND DOROTHY A. DeMAULA FOR A CHANGE OF ZONE Very truly yours, Henry E. Raynor, Jr., Chairman, Planning Board." SUPERVISOR PELL: Thank you very much. You heard the reading of the notice. Does anybody wish to speak in favor of the application? RUDOLPH H. BRUER: Mr. Supervisor, Councilmen, Mrs. Terry. On behalf of Mr. and Mrs. DeMaula I think this is a very very worthy application and I hope the Board will approve it. I hope they would approve of it because as can be seen from the Southold Town Planning Board that this is something that would come under the socalled planning and master plan of the Town. It's a logical extension of the zoning of the property which is immediately to the north of this. The property immediately to the north is the same zoning that we're requesting right now, which is the shipyard there. As I said, the change would be in accordance with a well developed plan to promote the general welfare of the community and the well being of the community. It will allow Mr. DeMaula to continue his fishing enterprises and he is a commercial fisherman and it is his desire to keep his boat and his fish and whatever on this particular area. This change of zone would allow him to do it. An examination of the maps which show that it is consistent with the surrounding neighborhood and would not conflict with it. The type of industry that he would use there is one that is consistent with the aims of the Town and would be again a benefit to the community to keep this type of industry here. Again, it would only preserve the particular character of the neighborhood. The zoning that is there now is for residential property. I don't know if the Board has examined the maps, or has examined the property, but it is really very very extremely impractical to be used as a residential purpose. As I said, it is just south of the fishing yard there, boat yard right there and will blend itself right into the activities of the Mattituck Creek there. I don't know if you have seen a copy of the survey of the premises, but you'd notice that there is a high tension Long Island Lighting easement across the property with a tower structure on part of the property. If you would like I can submit this to the Board. (Submitted survey to the Town Clerk.) Accordingly, I believe and I think the Board should find after due deliberation that it would be to the best interest of the community welfare and health and well being of the Town of Southold that this application be granted. Thank you. SUPERVISOR PELL: Anybody else wish to be heard in favor of the applicant? (No response.) Anybody wish to speak in opposition to the applicant? (No response.) Anybody wish to be heard on it at all? (No response.) If not, I'll declare the hearing closed. Southold Town Clerk ~ '&,.OZ.O$o£'N 0 o o _) LEGAL NOTICE Notice of Hearings on Proposals to Amend Zoning Ordinance Pursuant to Section 265 of the Town Law and require- meats of the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Town Board of the Town of Southold at the Soutbold Town Hall, Main Road, Southold, New York on the Sth day of November, 1981, on the following ~propos- als to amend the Building. Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York. 8:00 P.M. by changing fi'om "A" Residential and Agricul- tural District to "B" Light Business District the property of William Tsigakos and Peter Brountzas situated at Green- port, New York, and more particularly bounded and de- scribed as follows: Beginning. at a point on the southerly line of the North Road at a locust post and running thence along the southerly side of the said North Road North 78°06~30'' East 73.50 feet to the monu- ment at a point where the No~h Road intersects Main Street: thence South 57°57' 20" East 4~).27 feet to a~ granite marker on the westerly side of Main Street; at the northeasterly corner of land of Carl Henckel; thence South 67040'20.. West 101.85 feet along land of Carl Henckel to a concrete marker and land of Herbert Fcrdham; thence along land of said Herbert Fordham North 19023' 30" West 50.99 feet to !he point or place of beginnipg. 8:10 P.M. by changing from "A" Residential and Agrieul. rural District to "C" Light Industrial District the pro, perry of Anthony J. DeManl and Dorothy A. DeMaula situated at Mattituek, New York, and more particularly bounded and described as foIIows: All that certain plot, piece or parcel of land, shown and designated as Lot "P" on map entitled, "Map of Shore Acres, situate, Mattituck, Suf- folk County, New York," surveyed December, 1913 by Roswell S. Baylis, C.E., Hun- tington, L.I., New York and filed in the Office of the Clerk of the County of Suffolk, New York on or about January J, 1914 as Map No. 41. Any porson desiring to be heard on the above proposed amendments should appear at the time and place above so specified. Dated: October~20, 1981 BY ORDER OF THE TOWN BOARD JUDITH T. TERRY, TOWN CLERK IT-10/22/81(2) COUNTY OF SUFFOLK STATE OF NEW YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler~Watch- mQn once each week for .................. ~. ................... weeks successively, commencing on the ..... ..~....~ ....................... ................ ...... .............. Sworn fo before me t~is .............~. .............. day of ....... ........... , EDITH A. GUY NOTARy PUBttC, State of New No. 52.4602497 Corrlmis:ion Expires March Smlt~fld,~Suf'm/k County, New hel~l ~ the To~ aoa~d of t~ T~n d ~ ht ~ ~th* ~t~ld, N~ Y~kon ~ 5th ~y d Novem~r, 1~, ~ the foll~i~_~ ~ a~ t~ ~ ~ ~e Ma~) ~ ~ Town ~ ~- old, S~folk ~, New Y~. ~:~ P.M. ~ c~ from t~ o~t ~ "B" ~t B~ ~t ~ ~rty ~ N~, Y~ ~ ~re ~ s~ ~ ~ ~id ~t ~,~ f~ ~ ~ m~u- ~; ~ ~ 5~ 57' ~" E~ ~ f~t ~ a ~a~ Main ~; at~ ~t- marker a~ ~ H~ F~m;~ ~ la~ f~t to ~t ~ d 8:10 P.M.~ c~ from Y ~ ~ J. ~a a~ ~y ~ ~a si~ at Ma~t~, ~ York, ~ t~t'~ ~, ~e or d~ ~ ,.p- ~ ~p Legal Notices entitled, "Map of Shore Acres, situate, Matt]tuck, Suffolk County, New York", surveyed December, 1913 by Roswell S. Baylis, C.E., Huntington, L.I., New York and filed in the Office of the Clerk of the County of Suffolk, New York on or about January 3, 1914 as Map No. 41. Any person desiring to be heard on the above proposed amendments should appear at the time and place above so specified. DATED: October 20, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK 1TO22-379l ' SUFFOLK, JEW YORK, ~ss: .... r~c. Qy..G.V/~.~.v.~./p.n. ................ being duly Sworn, says that ...h.e.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper publ/shed ~rt Greenport, in said county; and thor the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, f~r one weeks successively commencing on the 22nd day of ........ Sworn to before me .......... day of October 19 81, ...... :..:..::......:.... .... HELEN K. DE VOE NOTARY PUBLIC, State of New York No 4707878 Suffolk County Tern] Expires March 30, JUDI ['H T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS O~K Southold, L. I., N. Y. 11971 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT TELEPHONE (516) 765-1801 Dated: October 20, 1981 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 Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. DESCRIPTION OF ACTION Application of Anthony J. DeMaula and Dorothy A. DeMaula for a change of zone from "A" Residentia] and Agricultural District to "C" Light Industrial District on certain property on the easterly side of North Drive (private road), on Mattituck Creek, Matti~uck, 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 environment 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 State 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, Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Con~issioner Flacke, DEC, Albany Southold Town Building Department Town Clerk Bulletin Board Rudolph H. Bruer, Esq. 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 she is over the age of twenty-one years; that on the 20th day of October 1981 _, 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 Vork, to wit:- Town Clerk Bulletin Board, Town Clerk Office, ~.~ain Road, Southold, New York 11971 Notice of hearings on proposals to amend zoning ordinance. November 5, 8:00 P.M. 8:10 P.M. 1981: - William Tsigakos and Peter Brountzas - Anthony J. DeMaula and Dorothy A. DeMaula T, T~rry Southold Town Clerk Sworn to be before me this 19 81 20th day of October ,, ~ Notary Pub ' [LIZ/%BETH ANN NEVILL~ NOTARY PUBL!C, State oJ New yofli LEGAL NOTICE NOTICE OF tIEARINGS ON PROPOSALS TO AMEND ZONING ORDINANCE Pursuant Building New York, to Section 265 of the Zone Ordinance of the public hearings will Town Law and re&uirements of the Town of Southold, Suffolk County, be held by the Town Board of the Town of Southold at the Southold Town Hall, New York on the 5th day of November, 1981, proposals to amend the Building Zone Maps) of York. 8:00 P.M. by changing Main Road, Southold, on the following Building Zone Ordinance (including the the Town of Southold, Suffolk County, New from "A" Residential and Agricultural District to "B" Light Business District the property of William Tsigakos and Peter Brountzas situated at Green~ort, New York, and more particularly bounded and described as follows: Beginnin~ at a point on the southerly line of the North Road at a locust post and running thence along the southerly s~de of the said North Road North 78© 06' 30" East 73.50 feet to the monument at a point where the North Road intersects Main Street; thence South 57© 57' 20" East 46.27 feet to a granite marker on the westerly side of Main Street; at the northeasterly corner of land of Carl Henckel; thence South 67© 40' 20" West 101.85 feet along land of Carl Hencke] to a concrete marker and land of Herbert Fordham; thence along land of said Herbert Fordham North 19© 23' 30" West 50.99 feet to the point or place of beginning. 8:10 P.M. by changing from "A" Residential and Agricultural District to "C" Light Industrial District the property of Anthony J. DeMau]~and Dorothy A. DeMau]a situated at Mattituck, New York, and more particularly bounded and described as follows: Ail that certain plot, p~ece or parcel of land, shown and designated as Lot "P" ~.fat t i tuck Ro swel 1 S. on map entitled, "~ap of Shore Acres, situate, Suffolk County, New York", surveyed December, 1913 by Baylis, C.E., Huntington, L.I., New York and filed in the Office of the Clerk of the County of Suffolk, New York on or about January 3, 1914 as ~aD No. 41. Page 2 - Notice of Hearings on Proposals to Amend Zoning Ordinance. Any person desiring to be heard on the above proposed amendments should appear at the time and place above so specified. DATED: October 20, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITR T. TERPY, TOWN CLERK PLEASE PUBLISH ONCE, OCTOBER 22, 1981, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, ~IN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk Bulletin Board Rudolph H. Bruer, Esq., a/c Tsi~akos DeMaula & Brountzas JUDITIt T. TERRY OFFICE OF TOWN ~CLl~RK TOWN O~SOUTHO£1~ sUfFoLk: co,u,~T,Y TELEPHONE COUNTY OF SUFFOLK- DEPARTMENT OF PLANNING (516) 360-5513 'SEP Z 9 1981 LEE E. KOPPELMAN September 28, 1981 Town of Southold Town Clerk Applicant: Zoning Action: Mun. File No.: S.C.P.D. File No.: Anthony & Dorothy DeMaula C/Z "A" Res. & Agr. to "C" Ind. 248 (8-18-81) SD-81-10 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that vehicular access will be through industrially zoned lands to the north of the premises. Very truly yours, C JUDITH T. TERRY TOWN CLERK P,~EGISTRAR O1. VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 23, 5982 Mr. David DeRidder Environmental Analysis Unit N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder~ Enclosed is application of Anthony J. DeMaula and Dorothy A. DeMaula for a change of zone from "A" Residential and Agri- cultural District to "C" Light Industrial District on certain property on the easterly side of North Drive (private road), on Mattituck Creek, Mattituck, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until October 13, 1981 We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk cc: Commissioner Flacke Southold Town Building Department D Sou~hold, N,Y. 11971 HENRY E, RAYNOR, Jr., Cfiairma~ JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. TELEPHONE 765- 1938 September 21, 1981 William Pell, III, Supervisor Southold Town Hall Southold, New York 11971 Dear Mr. Pell: At a regular meeting of the Southold Town Planning Board, Monday September 14, 1981 tke following action was taken: On motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED to send the recommendations and inspection reports on the property of William Tsigakos and Peter Brountzas and Anthony J. and Dorothy A. DeMaula, to the Town Board for their consideration. After completing a field inspection, Sept. 10, 1981 on the property of William Tsigakos and Peter Brountzas, the Southold Town Planning Board recommends denial on the change of zone "A" Residential and Agricul- tural District to "B" Light Business for the following reasons: 1. The lot is severly under the required use for the property zoning change. It is less than 20% of the required area. 2. It would be hazardous for the business operations in re- gard to traffic flow. The configuration does not comply with good zoning prac- tices because it is too small. This board is very doubtful that the New York State or County would give curb cuts for ingress or egress, as it would cause severe traffic hazards at the intersection. Regarding the same day inspection of the property of Anthony J. and Dorothy A. DeMaula, we recommend approval on the change of zone "A" Residential and Agricultural District to "C" Light for the following reasons: (2) 1. The configuration of the property conforms with the area stupulated under the zoning classifications. 2. reasonable extension of the existing C-1 use to the North of the property. 3. consistant with the development plan for the promotion of agriculture and commercial fishing. 4. The residential use of the property is inhibited by the terrain, as Lilco has high tension running through the premises. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary ce: Councilman Henry Drum Councilman Lawrence Mur~ock Councilman Francis Murphy Councilman John Nickles Town Clerk Judith Terry OFFICE OF TOWN CLERK TOWN OF SOUTHOLD JUDITIt T. TERRY SUFFOLK COUNTY TELEPItONE TOWN CLERK {5t6) 765-1801 REGISTRAR OI VITAL STATISTICS Southold, L. I., N. Y. 11971 September 9, 1981 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by Rudolph H. Bruer on behalf of Anthony J. DeMaula and Dorothy A. DeMaula in connection with their application for' a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property on the easterly side of North Drive (private road), on Mattituck Creek, Mattituck, New Judith T. Terry Southold Town Clerk Posted on Town Clerk Bulletin Board on 9/9/81 TO¥~'N OF SOUTHOLD SI]OP, T ENVIRONMENTAL ASSESS,~JENT FORM INSTRUCTIOHS: (o) In order to answer Che.questions in this short E/if it is assumed ~ha~ the preparer wLll use currently available information conaerni~g the projec~ and Che likely impact~ of the action. ~% is not expected that additional studies, research or o~her investigations will be undertaken. (b) If any question has been answered Yes the project may be significan~ and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No i¢ is likely thee this project is not slonificon~. (dj Environmental Assessment 1. %':ilL project resale in o large physical change ~o the projec¢ site or physically al~ez more khan 10 asres of land? ........................ Yes 2. %'/ill there be a major change to any unique or unusual land form found on ~he si~e? ...... Yes 3. ¥;ill projec¢ al%er or have a large effect on existing body of water? ....... ' ................ Y~s.. 4. %*/ill project have a poten~ially large impac~ on groundwater quality? .... ~ ................... Yes' 5. %','ili project significantly e£fec~ drainage flow on adjacen~ siCes? ........................ Yes /~o 6. %'.'ill projec¢ affec% any threatened or endangered plan~ or animal species? ........... .Yes_/.No 7. ~'/ill projec~ resul¢ in a major adverse efface on air quality? ............................... Yes //NO 8. %';ill project' have a major effect on visual character Of ~he community or scenic views or viskas known to be imporLan~ to [ha'community? Yes. J No 9. %?ill project adversely impact any si~e or s~ruc'Lure of historic, prehistoric or paleol~ological importance or any site designated as a cri¢ical environmental area 10. \'/ill projec~ have a 'major effect on existing or future recreational opportuni¢ies? ......... Yes. 11. %'1ill projec~ resal% in major Craffic problems or cause a major effect ±o existing / ~ranspor~a¢ion sysCems? ....................... Yes. ~/~No 12. ¥~ill projec~ regularly cause objec¢ionoble ode'rs, noise, glare, vibration, or electrical disturbance as a resul¢ of the project's opera¢ion? ..................................... Yes. 13. ~'iill projec~ have any impac~ on public health or safe~y? .................................... Yes .~o ~' 14. %'~ill projec~ aFfec¢ the exis¢ing communi/7 by directly causing a growCh in permanen~ popula¢ion of more ~han 5 percen~ over a one year period or hove a major negative effec~ on Che character of the communiCy or neighborhood? ................................. Yes 15. ts [here public controversy concerning ~he project? ................................ Yes~ F° K JUDI ['H T. TERRY Southold, L. 1., N. Y. 11971 TELEPHONE (516) 765-1801 August 27, 1981 Southoid Town Hail Southotd, Town Planning Board New York 11971 Gentlemen: Transmitted herewith is petition of Anthony J. DeMaula and Dorothy A. DeMaula requesting a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property at Mattituck, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommendations. Very truty yours, Judith T. Terry Southold Town Clerk Enclosures (5) CASE NO: ..... ~ STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN Tt-I~ MATTER OF THE PETITION OF FOR A C1LkNGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COLrNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: ANTHONY J. DE MAULA and OROTHY A. Ds ..................................................................... residing at .~.°..,u..,n..d...v.~.e...w...,~.V...e..:.:...~..a..~.~-~.uck' (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at Mattituck, Town of Southold, County of Suffolk and State of New York, ............................................................. and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land, shown and designated as Lot "P" on map entitled, "Map of Shore Acres, situate, Mattituck, Suffolk County, New York", surveyed December, 1913 by Roswell S. Baylis, C.Eo, Huntington, L.I., New York and filed in the Office of the Clerk of the County of Suffolk, New York on or about January 3, 1914 as Map No. 41. 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 change the zone classification of the above premises from its present Zone "A"-Residential/Agricultural to a zone classification of "C"-Light Industrial. 3. Such request is made for the following reasons: A) The Southold Town Master Plan anticipates that these premises would be zoned "C"- Light Industrial. B) The subject premises are located next to property that is zoned "C"-Light Industrial, and rezoning these premises is a natural extension of said zone. C)Applicant intends to use the premises to operate his fishing business, which includes the docking of a commercial fishing boat, short term storage of fish and other activities related to commercial fishing. D) Located in the neighborhood are similar business operations and to change the zone for this permitted use would not be inconsistent. E) Premises lends itself perfectly to applicants; intended use. F)Although the premises are presently zoned "A"-Residential/Agricultural, the subject premises does not lend itself to residential use; specifically, because of the nature of the terrain and the Long Island Lighting Co. high tension line going directly across and through the premises. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) 4-39/ Dorothy A,//DeMaula Anthony Jo DeMaula and Dorothy A. DeMaula BEING DULY SWORN, deposef and say~ that +heltm the pet~ttoner~ln the w~thm action; thatfl~e/ bae read the foregoing Petition and knoxv~ the contents thereof; that the same is true to h~) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters ~heybelievea' it to be true. Dorothy A~ DeMaula Sworn to before me this ,'~.'ff...~. day of ...~u. cj,u..s.~. ............ 19..8.1. TOWN BOARD, TOWN OFSOUTHOLD IntheMatterofthePetitionof : ANTHONY J. DE MAULA & DOROTHY A. DE MAULA : : totheTownBoardoftheTownofSouthold. : TO: 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 request a Change of Zone Classification 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Easterly side of North Drive (private road), Mattituck, New York, as indicated on the attached location map. ~ 3. That the property which is the subject of such Petition is located in the following zoning district: "A"-Residential/Agricultural 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "C"-Light Industrial $. 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 Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such bearing 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: August /7, 1981 Peri, Inet R~edt~l~nH;rsBruer, attorney for Post Office Address: Main Road Southold, New York 11971 PROOF OF MAILING OF NOTICE NAME ADDRESS Robert Foudy 3121 N.E. 55th Court Fort Lauderdale, Florida 33308 Mattituck Holding Co. Inc. Od LO CD kU 370 Oakwood Drive u,m%ington Station, New York 11746 9L6f 'ldv '00§£ mJoA Sd STATE OF NEW YORK: COUNTY OF SUFFOLK: SS.: Mary Diana Foster .residing at (No ~) McCann Lane, Greenp~ort, New York . being duly sworn, deposes and says that on the /3'r-~ day of ~,~ ~ ,19 81 , deponent mailed a true copy of the Notice set forth on the reverse side hereof/directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southold, New York ; that said Notices were mailed to each of said persons by (certified) ~itax~:~ mail. Sworn tog~e this /~TcY dayaf~g2ye~. ,19 8.1.. / Notary Public RUDOLPH H. BRUER Notary Public, State of New York No. 52-0465530 Qualified in Suffolk Counw Commission Exoires March 30, 198~ ROAD /X TOWN OF SOUTHOLD SHORT ENVIRONWENTAL ASSESSWENT FOR~ INSTRUCTIONS: (a) In order 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) If any question has been answered Yes the project may be significant and o completed Envlronmentol Assessment Form is necessary. (c) If all questions hove been answered No it is likely that this project is not signlficont. (dj E'nvironmental Assessment 1. Will project result in o large physical change to the project site or physlcolly olte.r more than 10 acres of land? ........................ Yes~/No 2. Will there be o major change to any unique or unusual land form found on the site? .......... Yes 3. Will project alter or have a large effect on existing body of water? ....................... Yos, JNo 4. Will project have o potentially large impact on grou6dwot~r quality? ....................... Yes 5. Will project significantly effect drainage flow on adjacent sites? ........ % ............... Yes /No 6. Will project affect any threatened or endangered plant or animal species9 ........... Yes /No 7. Will project result in o major adverse effect on air quality? ............................... Yes 8. Will project hove o major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo 10. Will project hove o ~najor effect on existing or future recreational opportunities? ......... Yes 11. Will project result in major traffic problems or cause o major effect to existing transportation systems? ....................... Yes /No 12. Will project regularly cause objectionable odc~rs, noise, §lore, vibration, or electrical disturbance os a result of the project's operation? .................................... Yes. 13. Will project hove any impact on public heol±h or safety? .................................... Yes .j~o 15. Will project affect the existing community by directly causing o growth in permanent population of more than 5 percent over o one year period or have o major negative effect on the character oF the community or neighborhood? ................................. Yes 15. Is there public controversy concerning the ~/NO project? ...................................... Yes L_. L.e~rd~o,,v~t-i