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HomeMy WebLinkAboutFlower Hill Building Corp.RECEIVED Southoid Town DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT d. GAfF~EY SUFFOLK COUNTY EXECUTIVE October ' o, 1996 STEPHEN [~4. ,JONES, A.I.C.P. DIRECTOR OF PLANNING Ms. Judith T. Terry, Clerk Town of Southold 53095 Main Road - P.O. Box 728 Southold, New York 11971 Re: Application of "Flower Hill Building Corporation" (#310) for a change of zone from A-C to R-40, Town of Southold (SD-96-6) Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on October 2, 1996 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It constitutes the unwarranted further intensification of residence development in the locale; . It would tend to establish a precedent for further such zoning reclassifications in the locale; . Intensified development appears potentially injurious to Jockey Creek and the drainage/watershed environs associated therewith; Premises can be reasonably developed in accordance with existing zoning requirements; and, . It is inconsistent with the Town of Southold Land Use Plan which designates the area tbr two (2) acre residence purposes. Very truly yours, GN:cc ~. WPX~'I.NI,II,WPFR)CS ZONIN(F'J,,ORKI'NG {-'OMMLTRS.()CTI)BER'I';D-9(,-I;.OCI' Stephen M. Jones Directo .~,o~ Planning b.y'-"" '-.-----'~--:' ~ Gerald G~ Newman · Chief Planner .~. PLANNING BOARD M~MBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSK/, JR. WILLIAM J. CREMERS I~ENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO' FROM' RE' Judith T. Terry, Town Clerk Richard G. Ward, Chairman Flower Hill Building Corporation Petition for Change of Zone SCTM# 1000-69-3-10.1 RECEIVED SEP 2 5 1996 Southold Town Clerk DATE' September 24, 1996 The Planning Board has reviewed the petition of Flower Hill Building Corporation for a change of zone from the Agricultural-Conservation District (A-C) to the R-40 District. The Planning Board is not in favor of the proposed zone change. The subject parcel is located adjacent to a developed parcel (Southold Villas) which is within the Affordable Housing (AHD) District. However, justification for the change of zone should not be based on the fact that an adjacent parcel is located within an Affordable Housing District. The AHD was incorporated into the Town Code to allow for affordable housing throughout the Town. The intent was not to locate it all within one area or to precipitate increased density, without benefit to the Town, on adjacent properties. As shown on the attached Tax map of the Flower Hill property (Map #1), there are approximately 30 acres of vacant A-C zoned land adjacent to the subject parcel, 23 acres of which are adjacent to the existing Affordable Housing District also. In addition, in another area of Town, there is an AHD zone which is located adjacent to residentially zoned, R-80 land (Map #2). Therefore, a zone change for one parcel based on the fact that it is adjacent to an existing AHD parcel will effect more land then is included within the current application. The Planning Board does not see the benefit to the Town achieved by the proposed zone change. A cluster development designed under the current zone will resul': in residential lots approximately 30,000 to 40;000 square feet in area with an open space (or large lot) area equal to approximately half the parcel size. A cluster developement designed under the proposed zone change will result in twice the number of similarly sized lots and less open space. In regard to the Lead Agency Coordination request, the Planning Board does not object to the Town Board assuming lead agency status for the proposed change of zone. The Planning Board wishes to remain an involved agency fcr the proposed action. . -'""""~,-......_.' "- ,., I ,',: ~ ~ ,: ., ! "' .~ .. .. ~ .o ._,~ .... ,~ , ,~..' ~',.'r', :-.~-, ~-_.....,,... .~..:.,..:...~ · i i '~.-. '_'.-,:I' '' ' "" ':' "-~: ' ~ ~i ~"-~' "" ~.-"R'-.'Y,_'. ". '?'.-.~" "-"i i": '~""~"/~ "':*~:" '/'~'~" "':~'~' · .. . ..,.' /.:.....~ -2.'.: ". ~,.".~t ..... . , ' '~, ',Z.', '~;' '"" ...... ,,.. , !~! ~:-"- ! ~ ~ : "I---'-'"-'~--- ...x' .,\ ....... ]-: ' -~,'"", 'i ... ? ~ , i _i I . ~. l, ..,, ..?,,.,,...~.. -~.-. . i :1 I , .~.,, ~ l,,.,,~ , l,..., ~ ,,.,~ , l.,.,, J :~ P" ~N. ''~ !: , :.l. ....~,b ....... , .... ~ . ~ .. ,. .~_,~,~. ,~.~-.. . -~..i,, .] .......::.,J,: :.:,~ : !,;ll;i l: i .': ..:,,, .l t..,,'l:. .. .. ; : : ,., --~ '] :[ i lI. ... ._ · . ,.i . , ., ,..,. . ..... .~-- . ,, ,. l,.,.. , .,.,'~.. '" .l ,, l .:t ....... . ~.~-' ~. , , i - _.:..~.~_ _ , I .... ~ ~ ' ,' '~ ~ _ '~ ? ~ i · ~ ~ .~ - . . ~ . , . l. . ,,~ , .. ~ , ~. . ~ ,. l, ~.. . ~ .... ~ .... l ~ ,'~. : i :~ ! l' . ' ... ,l ~ ..,. :~ ~ :~'~ ~ ,, . ~ :~ -~ ~ ~ . ~ .. ti..., .. ,, l. :~ :~:. ~ '/ ~ ~ ~ -" / - '~Zl .... .". ~ -" -: , ' ' ,~ ' · '~ ~, " -: ~ ~ ~ -~ -', -:..~'~' '.x ' ~ '~'l ~: ........ _t '," ,,~' · · , ~ ~ i :, "~ :~ ~ .. i -" ~ ". ; ; L.,-~" ' .~ ~', ' ~' . ," ~~;, -': .'~: :~1~. ' ~ ~ ', '~ ; ---~d~ ' ~ i , :-~ .... . 4 ~' ' '.'-~ ~'".. ~'..i ~ 1' ,, ~,. ~ ~,.',,-'~'~ , ~ ~ ,,',-''~ " ," · ..d ..... ..~.~'~1,'. ~ m .'~ I . ' ....... , ' ' ' ,"' -~. ,... ,, ...... ..~ ... :..-~. , .~ ... ._ ,,-" . .... , . ~ ... .~' ~, ': " ' '.., ..; .,~ ., _:Z, 'i ,,'t; ' "'~"'?"' "" :':~ -~ "~ "'~ ..... '~ t ,.~" . -~/. '~ ,~ -. -, . :~ ~, , ~, ...:. ~ , : . ..~__~ . : ~, . . ... ,..,.. ,,.., . ..... . '. ".. ~.//~ ~.:t ~'., .';" '~T ''~ '': ..... ' .... '~ "~ ' ' '~' " -'~""" , - - ,, ,: R - ~ /~ .~ . - , l. .. . . ~ ~ ~ i ,, :: ~ :: ..... m~:.-~l~ l.. : ~ ', '. - ' -' X '' ", : '~'"' i -'' ' · " : - ' ' : ' ;' :l "' . i '~ -~'~ l.. '- ~- ~:". {~- " ' . ~;l ' - ' ': ' :" ' --- "...' .' ', x N ~ l, .lil, ~.. .. ~ ,, ~ ~.: ~ . · ~ j ~ I / . . ~ .ix. l~.~ ~ : ', ~- ~ .- _ - t ' : / ~ ~ / ~- ~ ~ ~ ./~..-,~" ' .l~ ~ . ' .~ ~ · , ~ - m .... /./ ~ .~ ,, ~ ,l / - ~ ~ / L~ : i -' .. ._ il...__ . ~ ........... ~ ........ RECEIVED OCT 7 1996 5outflold Town Cle¢' DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY P_..XECLITIVE October 3, 1996 Ms. Judith T. Terry, Clerk Town of Soutbold 53095 Main Road - P.O. Box 728 Southold, New York 11971 Re: Application of "Flower Hill Building Corporation" (#310) for a change of zone from A-C to R-40, Town of Southold (SD-96-6' Dear Sir: Pursuant to the requirements ot Secnons A 14-14 to _~ of the Suffolk County Admirfistrattve Code. the Suffolk County Planning Cormmssion on October.,. ~ 1996 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the folloxving reasons: It constitutes the unwarranted further intensification of residence development in the locale; It would tend to establish a precedent for thrther such zomng reclassifications in the locale: Intensified development appears potentially injurious to Jockey Creek and the drainage, watershed environs associated therewith: Premises can be reasonably developed in accordance xvith existing zomng requirements: and. It is inconsistent with the To~vn of Southold Land Use Plan xvhich designates the area for two 12/acre residence purposes. Veo' truly yours, Stephen M. Jones Directo[ o/f Plamfing Gerald G'. Newman Chief Planner PLANNING BOARD MEMBERS RICHARD G. WARD Chatrrnan GEORGE RITCHIE LATH_~M, JR. BENNETT ORLOWSKI. JR. WILLIAM J CREMERS KI~NNETH L. EDWAIIDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax !516) 765-3136 TMephone 1516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Judith T. Terry, Town Clerk RECBVED FROM: Richard G- Ward, Chairman ~/j~. SiP 2 5 1996 RE: Flower Hill Building Corporation Southold Town Cler~ Petition for Change of Zone SCTM# 1000-69-3-10.1 DATE: September 24, 1996 The Planning Board has reviewed the petition of Flower Hill Building Corporation for a change of zone from the Agricultural-Conservation District (A-C) to the R-40 District. The ?lanning Board is not in favor of the proposed zone change. The subject parcel is located adjacent to a developed parcel (Southold Villas) which is ~dthin the Affordable Housing (AHD) District. However, justification for the change of zone should not be based on the fact that an adjacent parcel is located within an Affordable Housing District. The AHD was incorporated into the Town Code to allow for affordable housing throughout the Town_ The intent was not to locate it all within one area or to precipitate increased density, without benefit to the Town, on adjacent properties. As shown on the attached ~ax map of the Flower Hill property (Map #1), there are approximately 30 acres of vacant A-C zoned land adjacent to the subject parcel, 23 acres of which are adjacent to the existing Affordable Housing District also. In addition, in another area of Town, there is an AHD zone which is located adjacent to residentially zoned, R-80 land (Map #2). Therefore, a zone change for one parcel based on the fact that it is adjacent to an existing AHD parcel will effect more land then is included within the current application. The Planning Board does not see the benefit to the Town achieved by the proposed zone change. A cluster development designed under the current zone will resul~ in residential lots approximately 30,000 to 401000 square feet in area with an open space (or large lot) area equal to approximately half the parcel size. A cluster developement designed under the proposed zone change will result in twice ~he number of similarly sized lots and less open space. In regard to the Lead Agency Coordination request, the Planning Board does not object ;o the Town Board assuming lead agency status for ~he proposed chan~= of zone. The Planning Board wishes ~o remain an i.nvolved agent7 far ;he proposed action. _S_C [{.E D_U L~A_ FLOWER HILL [tlJILDJ~IG CORP. ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as fo]lo%qs: BEGINNING at a point on the West side of Main Road adjoining land of Faszezewski on the South, said point of beginning being 425 feet, more or less, from tile northerly side of Ackerly Pond Lane, formerly Bowery Lane; from said point of beginning RUNNING THENCE along said land of Faszezewski the following two (2) courses and distances: 1) North 79 degrees 56 minutes 20 seconds West 95.90 feet; 2) North 82 degrees O1 minutes 40 seconds West 104.10 feet; THENCE continuing along land now or formerly of Baker the following three (3) courses and distances: 1) North 81 degrees O1 minutes 30 seconds West 473.01 feet; 2) North 78 degrees 37 minutes 50 seconds West 313.87 feet; 3) South 7 degrees 59 minutes 20 seconds West 544.41 feet to Ackerly Pond Lane; RUNNING THENCE along said Ackerly Pond Lane the following four (4) courses and distances: 1) North 77 degrees 40 minutes 50 seconds West 59.09 feet; 2) North 61 degrees 16 minutes 50 seconds West 162.61 feet; 3) North 38 degrees 44 minutes 00 seconds West 693.13 feet; 4) North 39 degrees 26 mintues 20 seconds West 380.19 feet to land now or formerly of Diller; RUNNING THENCE along said land of Diller the following two (2) courses and distances: 1) South 88 degrees 07 minutes 50 seconds East 401.34 feet; 2) North 16 degrees 21 minutes 50 seconds East 366.54 feet to land now or formerly of Akscin; RUNNING THENCE along said land the following three (3) courses and distances: 1) South 75 degrees 43 minutes 10 seconds East 895.92 feet; 2) South 12 degrees 50 minutes 10 seconds West 28 feet; 3) South 81 degrees 12 mintues 20 East 481.56 feet to land of Burnett; RUNNING THENCE along said land and others South 12 degrees 40 minutes 40 seconds West 276.44 feet; RUNNING THENCE along land of Zanganas South 81 degrees 16 minutes 50 seconds East 200.00 feet to the westerly line of Main Road; RUNNING THENCE along said line South 11 degrees 41 minutes 20 seconds West 275.20 feet to the point or place of BEGINNING. ADD NEW'POSITIVE DECLARATION 11/23/96'..01:49" FILE NUMBER: P1473800-00119 Town of SOUTHOLD, SUFFOLK County LEAD AGENCY: 473800 Town of SOUTHOLD, SUFFOLK County OFFICE or BOARD: Planning Board TITLE: Flower Hill Bldg. Corp. <Y/N>~ CLASS: U Unlisted GENERIC EIS: N Type 1 ENCON INVOLVED: N DESCRIPTION: Chge of zone from Agri Conservation to R-40 Res. on 27.15 ac loc. MW intersection of NYS Rte 25. DEVELOPMENT TYPE: G Residential subdivision Commercial Industrial. Private Other Governm't STATUS: O OK Withdrawn Void DATE RECEIVED: Positive Declaration 11/05/96 EIS Notice Completion / / Draft EIS / / Hearing Scheduled / / Changed To Neg Dec / / Final EIS / / Findinqs filed / / Pages 0 11 O0 IMPORTANT >> File Number: P1-473800-00119 Use the above number in all correspondence about this action! To the Lead Agency: The above information confirms that filings on the described Positive Declaration were officially received by, and entered in the SEQR Repository on the date(s) shown in the box headed DATE RECEIVED above. The latest filing is indicated by the most recent date in that box. The date and time in the second line show when this document was printed. Please check the information above carefully. For corrections or questions contact Charles Lockrow, (518)457-2224, or write to: SEQR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room 514 Albany, NY 12233 Town of SOUTHOLD Planning Board 53095 Main Road-P.O. Southold, NY 11971 Box 1179 CH.kl~LE$ ~:~. CUDDY _k¢¢o~¢~,' .~ October 31, 1996 Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Flower Hill Building Corporation Petition for Change of Zone Dear Mrs. Terry: I have had an opportunity to review the Planning Board's memorandum with reference to the Flower Hill Building Corporation's petition for a change of zone. The memorandum focuses upon the location of the applicant's property as adjacent to the Affordable Housing District. It should focus on this fact but unfortunately reaches an untenable conclusion, i.e. that change of zone should not be based on the fact that the adjoining property is in the AHD district. When the Town approved the AHD district adjoining the Flower Hill property it made findings in connection with the environmental analysis that the increased density caused by the AHD is an impact to be considered. A copy of the Notice of Completion of the Draft EIS indicating potential impacts is annexed hereto. When the final environmental determination was made, the AHD impact on increased density was not considered. A copy of the SEQR Negative Declaration is also annexed hereto. It is time that the impact be revisted and appropriate corrective action be taken. What cannot be ignored is that the AHD district increased density by five fold on the parcel adjoining the Flower Hill property. However, the Planning memorandum suggests that this should be overlooked because that same result occured again when the Town imposed a second AHD zone adjacent to an R-80 zone. Repetition of the error apparently justifies it as being difficult to cure. As set forth below that rationalization is unsatisfactory. Judith T. Terry, October 31, 1996 Page 2 Town Clerk The Planning Board's analysis is conclusory and superficial. In total, at both AHD sites, there are 132 acres in the R-SO or A-C districts adjacent to AHD rezonings. With the normal 20% reduction for subdivision roads and drainage, the result would be 53 additional lots (assuming 40,000 square foot lots). Thus to cure this error a total of 106 one acre lots would be created instead of 53 two acre lots. Essentially the argument being made is that 53 additional lots is too high a price to pay for creating AHD's in R-80 zones. Although the Town recognized in the SEQRA process for the Southold Villas that the AHD increase in density is a significant impact, it did absolutely nothing to mitigate the impact. It is difficult to believe that rezoning to AHD in an R-80 zone did not incorporate customary planning concepts such as transitional zoning or buffering permitting a medium density area to adjoin the AHD district. According to the Planning Board memorandum, the standard to be applied to a change of zone from one residential district to another is "benefit to the Town". It must be assumed that the 50 or more AHD lots in the Town created a community benefit of some importance, e.g. it allowed a particular economic group to purchase homes. Concomitantly a benefit attaches to construction of houses for other economic groups. For, it is just as important to have a second group of older-middle income families remain in the Town by purchasing homes in an R-40 transitional zone. It should be noted that virtually all R-40 areas in the Town of Southold are already developed. There are no significant open tracts of land zoned R-40. Therefore the benefit to the Town in approving this new R-40 area is to encourage and maintain a heterogeneous economic grouping as opposed to a low end and high end divergence in income levels, and house offerings. In short the Town will not be adversely affected by the additional 53 lots which permit diversity and economic growth benefitting the community and providing a reasonable answer to the impact of the AHD zoning. It can no longer be ignored that no response was offered by the Planning Department or the Town Board to the impact of the Southold Villas AHD. Locating an AHD district next to an R-80 zone makes the sale of medium to high priced houses impossible. The Planning Board, with little insight, offers the applicant a cluster development of 30,000 to 40,000 square feet with a larger open space area. This would result in 12 homes at the site. That scenerio condemns the applicant to develop its parcel at an economic loss or retain the parcel and make it into a private park. With 24 houses in a medium Judith T. Terry, October 31, 1996 Page 3 Town Clerk price market the applicant can build attractive homes, set aside a significant area of open space, make a profit and add to the overall quality of community life with a decent housing development. No one should have to apologize for or defend this position. The failure to recognize the impact of AHD zoning on adjacent parcels cannot be rationalized by claiming that additional land will be affected by the proposed change of zone, or that there is an absence of public benefit. Responsible government cannot be arbitrary, indifferent, or worse, callous. Contrary to the "planning concepts" advanced by the Planning Board the applicant here suggests that it is good planning to permit and encourage the R-40 zone adjacent to the AHD district. Very truly yours, Charles R. cuddy~ CRC/ejc Encs. cc: Southold Planning Department Town Board Members To,~n HaH. 53095 -'vfaln Road P.O Box 1179 Sounhoid, New 'fork 11971 Fax Sl6~ 76S-.3136 ~elephone,S16~ 76S-i9:38 PI_Ai~-~'~'G BOA_RD OFFICE TO~_-br OF SOUTHOLD TO: FRO[VI: RE: Judith T. Terry, Town Clerk Richard G. Ward, Chairman /~" Flower Hill Building Corporation Petition for Change of Zone SCTt~# 1000-6~-3-10. i DATE: September 24, 1996 The PlarLn/ng Board has re,~ewed the petition of Flower Hill Building Corporation for a change of zone from ~he Agricultural-Conservadon Distric~ lA-C5 ~c [he R-40 Diszrict_ The Plann/ng Board is noz in favor of the proposed zone change. The subject parcel is loca[ed adjacent to a developed parcel (Southoid Villas) which is -~-iLh/n ~he Affordable Housing (AHD) Diszric~. However, justifica[ion for the change of zone should not be based on the fact that an adjacenl parcel is located within an Affordable Housing Districl. The AHD was incorporated in~o :he Town Code ~o allow for affordable housing throu=~hout ~he Tow-a. The intent was not ~o Iocaze it all within one area or zo precipka~e increased density, without benefit to the Town, on ad~acen~ properties. As shown on the a~tached :ax map of the Flower Hill property (Map ~1), there are approximately 30 acres of vacant A-C zoned Land adjacent ~o the subjecz parceL, 23 acres of which are adjacent to the existing Affordable Housing District also. In addition, in anozher area of Town, there is an AHD zone which is located ad~acen~ to residentially zoned, R-80 land (~ap ~2). Therefore, a zone change for one parcel based on the fact that it is adjacent to an exiszing AHD parcel will effect more land then is included within the curren~ appiicadon. The Planning Board does no~ see ;he benefit to the Town achieved by the proposed zone chan~e. A cluszer development designed under the current zone ,~v/il result in residential lots appro~CUnate!y 30.000 :o 40,000 square feet in area -~izh an open space (or large lot) area equal to approx:imazely half the parcel size. A cluster developemen~ desi~ned under ~he proposed zone change ;vi!l result in v, vice ~he number of similarly sized lois and !ess open space. [n regard to [he Lead Agency Coordination request, :he Plan_ming Board does nor. objec~ ~o [he Town Board assumin~ lead ageqcy status for ~he proposed chan~'e ,of zone_ The Plann/n~ Board wishes [o remain an invoived a~enc~ ~'cr [he proposed ac[ion. SEQR NOTICE OF COMPLETION OF DRAFT EIS AND NOTICE OF HEARING 7?tle of Proposed Action: $.r- Tax MaR No: Lead Agency. : Southold Villas, Inc. Aekerly Pond Laud, $outhold lO00-070-Ol-Od To'~m Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southoid, New York Date: January. 6, 1990 This notice is issued pursuant to 6 N'YCRR Part 617 (and Local Law #5, of 1978, implemented as Chapter 44 of t. he Town Code) of the implementing regulations pertaining to A.rticle 8 (State Fnv/rormaental Quality Rev/ew) of the Env/ron.mental Conservation Law. . A Draft Environmental Impact Statement (EIS) has been completed and accepted for the proposed action described below. Comments on the Draft EIS are requested and will be accepted by the contact person until Februar7 9, 1990, or ten (10) days after the close of the public hearing, whichever l~st occurs. A public hearing on the Draft EIS will be held on February 6, 1990, at 8:00 p.m., at the Southold Town Hail, 53095 Main Road, Southold, New York. The purpose of the hearing is to solicit cormments from the public on the Draft EIS :md particularly on the Environmental Impact issues identified below. Description of Action: The p,,roject/.uvolves the proposed rezoning of an 18.021 acre parcel of land fi.om the current "A-C' zoning district (agriculture-conservation, 80,000 sq. ft. ~ots), to the "AHD" district (affordable homes district), for the purpose of constructing eighteen (18) affordable single family homes, and eighteen (18) townhouse units. Location: The project is loca~ed on the west side of NYS Route 25, approx/mately 1,500 feet north on Ackerly Pond Lane, Hamlet and Town of Southold, Suffolk County, New York. Page 1 oi'2 Notlc of Complete DEIS and Hearing Southold Villas Potential Environmental Impacts: Increase in the intensiry of land use above what is currently allowable under ex/sting zoning, with consideration of resulting impacts. Impact of the proposed project upon existing land use and zoning in the project v/cinity, w/th consideration for land use compatibility. Public need for the project and the ability of the proposed use to provide necessary alternative hous/.ng m the community. Potential impact upon ~oundwater resources due to alteration of recharge water quality. Loss of open space and alteration of existing wildlife habitat and ecological character of the ex/sting site. · Potential impact upon cultural resources of the community particularly visual, historic and pre-historic resources. Copies of the Draft EIS may be obtained from: Contact Pel'$Oll; Address: Judith T. Terry Town Clerk Town Hall, 53095 Main Road P_O. Box 1179 Southold, New York 11971 Phone No.: 516 - 765 - 1801 Copies of this Notice and DEIS Sent to: Commissioner - NYS Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001. Re~onal Dixector - NYSDEC, Building 40, The Loop Road, SUNY at Stony Brook, Stony Brook, New York 11794 Regional Permit Administrator - NYS Department of Transportation, Hauppauge, New York NYS Legislative Comrnission on Water Resources Needs of Long Island, Hauppauge, New York Sour. hold Town Board and Town Clerk, Southold, New York Southold Planning Board, Southold, New York Suffolk County Department of Health Services, Riverhead, New York Suffolk County Pl~nn{ng Commission, Hauppauge, New York Village of Greenport Applicant Page 2 of 2 SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Town Board of the Town of Southold Address: Town Hall, 53095 M~n Road P.O. Box 1179 $outhold, New York 11971 Date: March 5, 1990 This notice is issued pursuant to 6 NYCRR Part 617, and local law # Chapter 44, of the implementing regulations pertaining to Article 8 (State Environ_mental Quality Review) of the Enviromnental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment. 'T?tle of Acffon: Southold Villa. s, Inc. Ackerly Pond ! ~-e, Southold Change of Zone Petition SCT'M # 1000-070-01-006 SEQR Status: Unlisted Action The project ia located on the west side of N'YS Route 25, appro:dmately 1,500 feet north of Ackerly Pond Lane, ia the Hamlet and Town of Southold, Suffolk County, New York. Project Description: The project involves the proposed rezoNng of aa lB.021 acre parcel of land from the current 'A-C' zoning district (agricult'm'e- cov-servatiou, 80,000 square foot lots), to the 'AlffD" district (affordable homes district), for the purpose of constructing eighteen (18) affordable single family homes, and eighteen (18) townhouse units. Page I o1'3 Southold Villas, Inc. Negative Declaration Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11. In addition, to the Long Environmental Assessment Form Par'ts I, II and III, which was prepared in conjunction with this project review, a Draft Environmental Impact Statement was completed in compliance with an extensive scoping and review process. A Draft EIS was accepted by the Town Board of the Town of Southold, and was circulated for public and interagency comment in accordance with 6 NYCRR Part 617.8 (d). A public hearing on the Draft EIS was conducted by the Town Board on February 6, 1990. There were no substantive comments received or heard by the Town Board as a result of the comment period or hearing. In addition, the Town Board has fully considered the Draft EIS and documentation pertaining to the environmental review process for this project, and hereby finds that based upon this documentation, the project will not result in significant adverse environmental impact. Some beneficial impacts will be derived as a result of project implementation. This Negative Declaration is therefore issued in accordance with 6 NYCRR Part 617.8 (e)(1), which states as foflows: "No final ElS need'be prepared if: on the basis of the draft ElS, and comments made thereon, the lead agency has determined that the action will not hava a significant effect on the environment. A negative declaration mu. ri then be prepared and filed in accordance with this Part." The following specific reasons are offered in support of this determination: 1) The change of zoning will not adversely effect groundwater quality as compared to the present use and water quality levels. 2) The change of zone will not adversely effect areas with significant constraints regarding soils or topography. 3) There were no significant wildlife species or habitats identified in connection with the project site. The majority of the site contains fruit orchard vegetation. 4) The proposed use is considered to be compatible with surrounding zoning as it involves single and attached residential housing. Site design will be cous~dered at the time of site plan review by the Planning Board, at which time open areas, buffering and re-vegetation may be finalized in accordance with mitigation proposed in the Draft EIS. 5) Theproject offers much needed alternate housing to residents of the Town of Southold, by prodding several housing types, including construction of eighteen (18) affordable units. The project will increase tax revenue, and will not create an undo burdon on transportanon or communtity service resources. For Further Information: Contact Persor~' Add~ess: Phone No.: Judith Terry, Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1801 Southold Villas, Inc_ Negative Declaratioa Copies of this Notice Sent to: Commissioner - New York State Department of Environmental Conservation, 50 Wolf Road, )albany, New York 12233-0001. Regiona/D~ector - NYSDEC, Building 40, The Loop Road. 5UNY at Stony Brook, Stony Brook, New York 11794 Southold ZoningBoard of Appeals, Southold, New York Southold Town Board g Cleek Southold, New York Southold PIa. nning Board, Southold, New York Suffolk County Department of Health Services, Riverhead, New York Suffolk County Plamting Commission, Hauppauge, New York Applicant - Southold Villas, Inc. Peconic Associates NYS Legislative Commissioner on Water Resource Needs of L.l., Hauppauge, NY Village of Greenport Southold Town Building Department Page 3 of 3 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS bIARRIAGE OFFICER RECORDS I',L~4AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK Tov, rN OF SOUTHOLD November 1, 1996 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Dear Mr_ Cuddy: Transmitted herewith is a Positive Declaration of the Southold Town Board with respect to th e petition of Flower Hill Building Corporation for a change of zone, as well as a certified copy of the Board's decision which includes the determination that a $2,000.00 deposit shall be paid prior to the scoping session to defray the cost of reviewing the Draft Environmental Impact Statement. Said deposit is to be made payable to the Southold Town Clerk. Please contact Charles J. Voorhis, of Charles Voorhis & Associates, lnc, (516)331 1455, to arrange a date for a scoping session to be held here at the Southold Town Hall. Thank you_ Very truly yours, Judith T. Terry Southold Town Clerk cc: Charles J. Voorhis, AICP, CEP JUDITH T. TERRY TOWN CLERK REGISTI:~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hal], $3095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1B00 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR POSITIVE DECLARATION Notice of Determination of Significance Lead Agency: Address: Date: Town of Southold Plarming Board Town of Sourho[d Town Hall, 53095 Main Road Sourhol& New York 11971 October 29 , 1996 -Cms no:ice is issued pursuant to Pa.r: 617, of the imolementin~ re~iations oertalning co .~'ricle 8 (,State Env/roamental Quality. Review'l of ~e l~nviron_me-ntal-Conserw~tion Law. The lead agent7 has determined that the proposed action descNbed below ,mil have a sj?ii'icant effect on the envirom-nent :md that a DraIk Environmental Impact Statement must be prepared. Title of Action: Flower Hill Building Corporation Change of Zone Application SCTM No. t000-o9-03-10.1 Southold, New York SEQR Status: Unlisted Ac:ion Pro. ject Description: The subject xooiicarion involves a :eaues:/or change of zoning desi~?n~.}_ion from Agricultural -Conservation District to R--tO Residential on a 27.i5 acre parcel. Location: Subject prope~ is located to the northwest of the ~ntersecnon of NYS Route 25 ~ Main Roaul and Ackefiy Pond Road. Reasons Supl~orting This Determination: This determination is issued in tull consideration ol the Criteria for Determination of Si-mn]fica.ace contained in 6 N%'CRR Part 617.-, :he Long Env/rormaental Assessment Form ?xr-_s I and II :mn :he CoiloUang svec/fic :easons: .-klthough the project is am Unlisted ac. fi. om it will cause a si?iflcaur increase m the allowed density of land uae on rb.e project site. potentially doubLing the amber of homes wkich could be constructed on the parcel. As the project sponsor has based the request for a change of zone on the presence of an Affordable Housing District (AHI3) to the northeast, granting of the request would set a precedent for higher density development of other R-80 Residential and A-C l:md~ which ~e adiacent ro an .a~I Distr/cr. Thus, the proposed change of zone is Likely to precipitate requests for increased densities on other parcels, ~.nd could result in impacts throughout the Town_ The proposal is inconsistent ,Mth the stetted Land Use goals of the Town, which seek to preserve open space and prime agricultural lands thxough the use of the A-C zoning designation. As development ar the proposed density is unlikely to allow preservarion of sigmflc:mt open space, the action would permanently remove the prime soils found on the subiecr property, from cultivation. The subject parcel contains a >[YSDEC regulated wetland, which is part of the Jockey Creek watershed. The proposed action will mcrease development pressure and the potential impact5 to dais small wetland. The subject parcel consains axeua of steep slopes ua well ua two swales. The proposed action is likely co increase the potential for erosion, alteration of e:dsting drainage, and other topographic impacts, The depth ro groundwater beneath the site is approm.mately 3 to 31 feet_ The northern portion of the site has more than adequate depth to groundwater ro support residential development; however, th: depth to groundwater on the southern portion will present consrxamts for samtary, system loca6on and desUgn_ The higher density which would result from the proposed action would increase development pressure, :md thus might result in groundwater impacts due to the limited depth co groundwater. The propo=ed action would result in :m increased loss of ,J,ildlife habitat, as the proposed density is ,,nlikely to ~llow preservation of significant open space or~ site. The proposed ac~on would result in visual changes :md other aesthetic impacts on the rural character of the To,wa The proX~nity of the site to Jockey Creek suggests that prehistoric resources might be present. Thus. the proposed action may have an impact (an archaeological resources, if determmecl to be present. The proposed action will have an impact on demand for cOmm~llll[y services such 2.5 those provided by the school police and fire districts, and traffic levels on adjacent roadways will also increase, particularty ~iven the potundal m~e~e above current zoning. For Further Infomation: Contact Person: Ms. Judith Te.,TV Town Clerk Town of Sour. hold 53095 Mam Road. P.O. Box i179 $outhold, New York ~_197I (516) 765-1938 Copies of this Notice Sent roe Southold Town Board Southold Town Buildin~ Department SoutholdTown Planning Bomrd Southold Town Board of Trustees Suffolk County Department of Health Services Suffotk County Department of Ptannine Suffolk County Department oi Pu01ic VVorks N~'5 Der)r. of'Env/)'oamenraJ Conse~anon. Albany and Stony Brook N'~ S Office of Parics. Recreation anti Historic Prese.wation U.S. Dept. of A_zricuirure U.S. Army Corp of Engmeers S,)uthold Town Clerk's Builerm Board Charles R. Cuddy, Esq., for Flower Hill Building Corporation JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Pwad P.O. Box 1179 Soughold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION 1NAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 29, 1996: WHEREAS, Flower Hill Building Corporation has heretofore applied to the Southold Town Board for a change of zone on certain property located on the north side of Main Road (NYS Route 25) and east side of Ackerly Pond Lane, Southold, N.Y., 5CTM#1000-69-03-010.001, consisting of 27.75 acres, from Agricultural-Conservation (A-C) District to Low-Density Residential R-40 District; now, therefore, be it RESOLVED that the Town Board of the Town of $outhold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Flower Hill 13uilding Corporation; and be it FURTHER RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board does hereby determine that the action proposed is unlisted and is likely to have a significant effect on the environment. This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6NYCRR Part 617.7, the Long Environmental Assessment Form Parts [ and II, and the following specific reasons: a) Although the project is an Unlisted action, it will cause a significant increase in the allowed density of land use on the project site, potentially doubling the number of homes which could be constructed on the parcel. b) As the project sponsor has based the request for a change of zone on the presence of an Affordable Housing District (AHD) to the northeast, granting of the request would set a precedent for higher density development of other R-BO Residential and A-C lands which are adiacent to the AH District. Thus, the proposed change of zone is likely to precipitate requests for increased densities on other parcels, and could result in impacts throughout the Town. c) The proposal is inconsistent with the stated Land Use goals of the Town, which seek to preserve open space and prime agricultural lands through the use of the A-C zoning designation. As development at the proposed density is unlikely to allow preservation of significant open space, the action would permanently remove the prime soils found on the subject property from cultivation. d) The subiect parcel contains a NYSDEC regulated wetland, which is part of the Jockey Creek watershed. The proposed action will increase development pressure and the potential impacts to this small wetland. e) The subject parcel contains areas of steep slopes as well as two swales. The proposed action is likely to increase the potential for erosion, alteration of existing drainage, and other topographic impacts. f) The depth to groundwater beneath the site is approximately 3 to 31 feet. The northern portion of the site has more than adequate depth to groundwater to support residential development; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design. The higher density which would result from the proposed action would increase development pressure, and thus might result in groundwater impacts due to the limited depth to groundwater. g) The proposed action would result in an increased loss of wildlife habitat, as the proposed density is unlikely to allow preservation of significant open space on site. h) The proposed action would result in visual changes and other aesthetic impacts on the rural character of the Town. i) The proximity of the site to Jockey Creek suggests that prehistoric resources might be present. Thus, the proposed action may have an impact on archaeological resources, if determined to be present. j) The proposed action will have an impact on demand for community services such as those provided by the school, police and fire districts, and traffic levels on adjacent roadways will also increase, particularly given the potential increase above current zoning. 2. The Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. The Town Clerk shall notify the applicant, Flower Hill Building Corporation, of this determination, and further request said applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code. 4. In accordance with Chapter 4~, Section 20, and Part 617 NYCRR, the applicant is required to defray the cost of reviewing the Draft Environmental Impact Statement, which includes a scoping session, therefore, the Town Board determines that deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of the scoping session. October 30, 1996 TO CHARLES VOORHIS & ASSOCIATES, $. Environmental & Planning Consultants 54 N. Count~ Road Suite 2 MILLER PLACE, NEW YORK 11764 (516) 331-1455 WE ARE SENDING YOU --A~tlached I Under separate cover via the [ollowing items: Shop drawings [] Prints '~ Plans LI Samples Specifications I I Copy of letter [] Change order THESE ARE TRANSMITTED as checked below: - I-I For approval Approved as submitted [] Resubmit copies for approval [] Fo~...y. pur use ~ requested ~ Approved as noted [] Returned for corrections [] Submit b~ Return copies for' distribution corrected prints For review and comment [] [] FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SI~NE '/' SEQR POSITIVE DECLARATION Notice of Determination of Significance Lead Agency: Address: Date: Town of Southold Planning Board Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 October ,1996 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will have a significant effect on the environment and that a Draft Environmental Impact Statement must be prepared. Title of Action: Flower Hill Building Corporation Change of Zone Application SCTM No. 1000-69-03-10.1 Southold, New York SEQR Status: Unlisted Action Project Description: The subject application involves a request for change of zoning designation from Agricultural Conservation District to R-40 Residential on a 27.15 acre parcel. Location: Subject property is located to the northwest of the intersection of NYS Route 25 (Main Road) and Ackerly Pond Road. Reasons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6 NYCRR Part 617.7, the Long Environmental Assessment Form Parts I and II and the following specific reasons: Although the project is an Unlisted action, it will cause a significant increase in the allowed density of land use on the project site, potentially doubling the number of homes which could be constructed on the parcel. As the project sponsor has based the request for a change of zone on the presence of an Affordable Page 1 of 2 8. 9. 10. Cross Sound Ferry Positive Declaration Homing District (AHD) to the northeast, granting of the request would set a precedent for higher density development of other R-80 Residential and A-C lands which are adjacent to an AH District. Thus, the proposed change of zone is likely to precipitate requests for increased densities on other parcels, and could result in impacts throughout the Town. The proposal is inconsistent with the stated Land Use goals of the Town, which seek to preserve open space and prime agricultural lands through the use of the A-C zoning designation. As development at the proposed density is nnllkcly to allow preservation of significant open space, the action would permanently remove the prime soils found on the subject property from cultivation. The subject parcel contains a NYSDEC regulated wetland, which is part of thc Jockey Creek watershed. The proposed action will increase development pressure and the potential impacts to this small wetland. The subject parcel contains areas of steep slopes as well as two swales. The proposed action is likely to increase the potential for erosion, alteration of e~dsting drainage, and other topographic impacts. The depth to groundwater beneath the site is appro~dmately 3 to 31 feet. The northern portion of the site has more than adequate depth to groundwater to support residential development; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design. The higher density which would result from the proposed action would increase development pressure, and thus might result in groundwater impacts due to the limited depth to groundwater. The proposed action would result in an increased loss of wildlde habitat, as the proposed density is unlikely to allow preservation of significant open space on site. The proposed action would result in visual changes and other aesthetic impacts on thc rural character of the Town. The pro~dmity of the site to Jockey Creek suggests that prehistoric resources might be present. Thus, the proposed action may have an impact on archaeological resources, d determined to be present. The proposed action will have an impact on demand for community services such as those provided by the school, police and ftre districts, and traffic levels on adjacent roadways will also increase, particularly given the potential increase above current zoning. For Further Information: Contact Person: Ms. Judith Terry Town Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 (516) 765-1938 Copies of this Notice Sent to: Southold Town Board Southold Town Building Department Southold Town Zoning Board of Trustees Southold Town Board of Trustees Suffolk County Department of Health SelMces Suffolk Count3, Department of Plain'Ling Suffolk County Department of Public Works NYS Dept. of Environmental Conservation, Albany and Stony Brook Offices NYS Office of Parks, Recreation and Historic Preservation U.S. Dept. of Agriculture U.S. Army Corp of Engineers Southold Town Clerk's Bulletin Board Applicant Page 2 of 2 Dat~: To; From: Re: PAX r~,~z 'H'u, umb,o~ (S',v.d~) 331-J1046 .:. '-Number o.f Pages (iucluding cover): ',--~ I~ th,, tolal transmittal is not received call number below. Comments: 54 NOI~'I'H COUNTRY aO^D, SUITE 2, MILLER PLACE, NY 11764 · (516) 331-1455 · FAX 333-6046 SEQR POSITIVE DECLARATION Notice of Determination of Significance Tow~ of Southold Plann/ng Board Town of Southold Town Hall, $3095 Main Road Southold. New York 11971 Date: October ,1996 This notice is i~sued pursuant to.Part 617, of the imple.menting regulations pc. training to Article 8 (State £nvironmcntal Quality Review) of the Environmental Conservation I~w. The lead agency has determined th.at th~ proposed .action described below will have a significant effect on the enviroranent and that a Dr',fit Environmental Impact Statement must be prepared. Title of Action: Flower Hill Building Corporation Cl~ange of Zone Application SCT~ No. 1000-69-03-10,1 Southold, New York SEQR Status: Unlisted Action Prelect Description: Location: The subject app. lication involves a request for change of zoning clesignation fi.om Agricultural Conservation District to R-40 Residential on a 27.15 acre parcel. Subject p. roperty is located t'o the northwest of the intersecuon of NYS Route 2~ (Main Road) and Ackerly Pond Road. .' "· ," :: . Reasons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6 NYCRR Part 617.7, the Long Environmental Assessment Form Parts I and II and the following specific reasons: Althow, h the project h an Unlisted action, it will ranso a iigzfific, ant increase Lq tim allowed dcniity of land nsc on the project ~ito, potentially doubting thc number of homr.~ which could bc constructt~d on the parcr, l. A~ thc project sponsor has based tho request for a change of Zen6 on the prcscnc~ of an Affordable Page ! or 2 CHARLES V~ ~:i~SOCIATES INC. ENVI RON M ENTA~:.AN D, ,~,~S CONSULTANTS RECEIVED OCT 2 9 1996 Town October 28, 1996 Ms. Judith T. Terry Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re-' Review of EAF Flower Hill Change of Zone SCTM No. 1000-069-03-010.001 Dear Ms. Terry: As per your request, we have completed apreliminary review of the above referenced project. Tasks and completed activities are identified as follows: Review Pan I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. Prepare Part H LEAF The Part II I.I~.AF checklist has been completed and is also attached. Additional information concerning our findings is included below. Environmental and Planning Considerations The parcel has been inspected and environmental references concerning the site and area have been consulted. The site consists of 27.15 acres of land in the hamlet of Southold in the Town of Southold. The subject site, which is located north of NYS Route 25 between Ackerly Pond Road and Jasmine Drive, has approximately 260 feet of frontage on NYS 25 and approximately 1300 feet of frontage on Ackerly Pond Road. The area of the site is zoned as an Agricultural Conservation District (A-C), which would permit residential subdivision of the site with a minimum lot size of 80,000 s.f. The pnmarypurpose of this zoning designation is to preserve the rural character of the Town andprotect areas of prime agricultural soils. The proposed action involves rezoning of the site to R-40 Residential, which would allow subdivision of the site with a minimum lot size of 40,000 s.f., with a total of 25 lots. The project site is located at the head of Jockey Creek, a small tidal creek which joins Town Creek and enters into Southold Bay. There is a small meadow wetland in the Page 1 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 · (516) 331-1455 · FAX 331-8046 John and Patricia McCarvill Long EAF Review southernmost corner of the site along Ackerly Pond Road, although there is no permanent water. This wetland is recognized as a regulated wetland on the NYS Department of Environmental Conservation wetland map. The site slopes southward to the creek from a high of approximately 35 feet above mean sea level (msl) to a low of approximately 7 feet above msl. A second, more shallow swale ispresent in the northeast corner of the site. Based on field investigation andthe USGS 10 foot contour quadrangle, there are some limited areas of steep slopes on the southeastern portion of the site. These areas should be delineated through an on-site topographic survey, which should be submitted for review with the subdivision design. The soils on site are Haven Loam, slopes 0-2 percent (HaA); Plymouth Loamy Sand, slopes 10-15 percent (P1C); and Riverhead Loamy Sand, slopes 3-8 percent (RdB). The bulk of the site is Haven Loam, with Riverhead and Plymouth soils along Ackerly Pond Road and Plymouth soils in the northeastern swale. All of these soils are suitable for residential development, with good leaching potential, however, test holes will be required as part of the SCDHS review. Only the Riverhead soils are classified within groups 1-4 of the NYS Agricultural Land Classification System, although the Haven soils with slightly higher slopes are classified within this group. As the site is gently sloping, both the Riverhead and Haven soils should be considered prime agricultural soils which warrant preservation. The entire site has been cleared in the past for cultivation. There is an abandoned apple orchard on the northwestern pordon of the site, and the remainder of the parcel is abandoned field with a mix of shrub, grassland and wet meadow habitats. The most common species are apple, grasses, rose, poison ivy, raspberry and other shrubs and vines. There is a wooded edge habitat with red maple, mulberry, cherry and other species along the eastern portion of Ackerly Pond Road. The wet meadow habitat is also dominated by grasses, although horsetails, beak rush and other wetland species are present. The wetland was probably part of the agricultural field at one time, and wetland species are now reinvading. A strip of mown grass is present along Ackerly Pond Road, separating the wetland from the road. The elevation of groundwater beneath the site is approximately 4 feet above mean sea level (msl) according to the 1990 SCDHS map, and the topographic elevation ranges from approximately 6 feet above msl to 35feet above mean sea level. Thus, the depth to groundwater ranges from approximately 3 feet to 31 feet. The northern portion of the site has more than adequate depth to groundwater to support residential development; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design. The subject site is located within the Water Budget Area as mapped by the Suffolk County Department of Health Services (SCDHS). The Water Budget Area includes those locations where there is sufficient groundwater to develop large public water supply wells. The subject site is also located in SCDHS Groundwater Management Zone IV, which covers the North Fork and portions of the South Fork. According to the North Fork Water Supply Plan (ERM-Northeast, Camp Dresser & McKee, 1983), the subject site is in an area significantly impacted by both aldicarb (concentrations over 7 ug/l), and nitrate contamination (concentrations over 8 ug/1). CHARLES VOORHIS & ASSOCIATES, INC. Page 2 ENVIRONMENTAL AND PLANNING CONSULTANTS John and Patricia McCarvill Long EAF Review Land use in the immediate vicinity of the site is a mix of open space, agricultural use and residential development, with a few small scale commercialproperties and a school along the NYS 25 corridor. The rural character of the area should be considered a valuable resource, and the site is zoned as an Agricultural Conservation (A-C) district in order to help preserve this character. The A-C zoning designation allows residential development on 80,000 s.f. lots. There are two A-C parcels adjacent to the subject parcel, a 23 acre A-C parcel to the northeast between the site and the LI Railroad tracks and a 7 acre A-C parcel to the southwest. Most of the residential development in the area is on lots of over 2 acres, although there are some smaller lots on both NYS 25 and Ackerly Pond Road. Agricultural land is present to the south of the homes fronting on Ackerly Pond Road, as well as to the east of the railroad. The land to north of the site has been developed as an Affordable Housing District (Al-ID), which allows development on lots of 40,000 s.f. The Al-ID district was created to encourage and distribute affordable housing throughout the Town. The applicant claims that the presence of the Al-ID should justify development of the subject parcel at a higher density, however, as was noted in a memorandum from the Planning Board on 9/24/96, this was not the intent in creation of the Al-ID. Development of the site at the proposed density would set a precedent for higher density development of other lands which are adjacent to an Al-ID. The northern portion of the site is higher than the surrounding area, and thus development will impact visual perspectives, altering the rural character of the vicinity. The project will also create a greater increase in demand for community services than would development under existing zoning, including services provided by the police, fire and school districts. Due to the location near Jockey Creek, it is possible that the site was utilized by aboriginal people, although the property has been disturbed by cultivation. The potential value of the parcel as a prehistoric site should be investigated as part of the ongoing environmental review process. In summary, the proposed change of zone is clearly in conflict with the Town's expressed land use goals, particularly the goal of protecting prime agricultural lands and the rural character of the Town. In addition, there are several stgnificant sensitive environmental resources on the subject site that warrant preservation or which would restrict development, including small areas of steep slopes, a wetland, and the limited depth to groundwater. These resources are all located along the southern border of the site, and would not impact development of the northern portion of the site. These constraints could be addressed ff the project was designed to avoid construction on the southern portion of the site, however, this becomes more difficult at higher densities. Thus, the primary issues are the environmental resources on site and the anticipated visual and land use conflicts which would result from the change of zoning. If the Board is in agreement with this review, the proposed action does appear to warrant the preparation of an environmental impact statement, therefore a positive declaration would be appropriate. The board also has the option to not entertain the change of zone, thereby negating the need for preparation of a Draft EIS. The SEQRA handbook indicates that in rezonings or other CHARLES VOORHIS & ASSOCIATES, INC. Pnge3 ENVIRONMENTAL AND PLANNING CONSULTANTS John and Patricia McCnrvill Long EAF Review cases which requixe a decision by a legislative body, SEQRA need not be applied if the body determines that the proposed action will not be entertained. This is based on section 617.5 c(37) of the most recent revision of 6 NYCRR Part 617. Thus, the Board may wish to reject the change of zone without applying the SEQRA process. If you have any questions or wish do not hesitate to call enc: Long EAF Parts I & II any further input with regard to this matter, please Very tml~.yours2 . Charles JfVoorhis, AICP, CEP CHARLES VOORHIS & ASSOCIATES, INC. Page 4 ENVIRONMENTAL AND PLANNING CONSULTANTS PART 1--PROJECT INFORM iON Prepared by ?roi¢¢t Spon=or information you believe w,il ~e needed ca complete P~ ] ~nd ]. Wes% side Main Road (NYS Route 25)/north side AckerIy Pond Road, FLower Hi11 Buttdino Corooration 9243 Jericho Turnpike, Suite 010 Woodbury Hamie~ of Sou~no!d ~ ~161692-a5,~5 NY' 11797 To change ~e existing zone from AC (SO,O00 sq. ft.) to a new zone designated as R-40 (40,000 sq. ft.) in accordance wi~;h the Ioca~ion of Sout~o[d. A. Site BescHpdcn 1. Pre=eric [and ~Fare~¢ ~ncuiCure ~C,c~er 2. T~cal ~crea~e of proiec: ,Meadow or ~ahland (Non-a~riculturail ]. ',Vh~[ is predominant C2aor~v ~r~,ne~ ~0 ~ ai s,ce Land C]a~gicacz~n ~y~teml ~ a,~ zc:~. (~ee ~ ~YC~R ~701. 4. Are :here bedrac~ Re.~i~cers od Hbcaric 2Iac-*~ ~"fe~ ~.No ,. Is Croiec: ~ubsc:nciaily c~nciguous ~o ~ ii~e lis~ed on the Req;::er of >~:on~ Hatur~l tandmark:~ ~Yes ~r 3. What is :he de~th a~ the '~ter .a~le. lin Feed Idencihr each ~ec~es ~e~ m~No Oesczibe -~¥e~ '- ' If 'Fe~. ,~ill ~m~rovemen~ be neces~r~ ~ecc:cn ]03 ~no the ECL ~nd 2_ Haw much naturai maceriai (i.e.. rocx. e~,[h. =:c.) ,,,~ii be removed irom ~he ~lce~ ~. I~ ye& ~or wha~ intended ~urDo~ b the ~ic~ ~ein~ reclaimed? b. Will coo~oil be scockpiled ~or rec!amauon? ~Ye: c_ Wi/l u~Oer ~ubs~d be 5t~ck0iled ~or reclamation; ~'(e~ ~4. H~w man~ acres af vegetation (~ees. shahs, ground c=~ers) ~dl be removed ~rom / S. Will lny mature forest (over ]~0 years dial or other lacadv-imoa~anc vegec~tlan L~NO 7. If multi-phased: a. Total numoer o~ ~h~e~ anclc~oaced I (aumaer). d. ~ ~h~e 1 ~unc~onally degenaenc on suasequenc ~ha~e~l 8. Will bla~in~ occur duNng c~ns~c:ianl ~]Ye~ ~No 9_ Num~er oi ~oas ~ene~red: ~uHn~ cans~cz/on ' 20 10. Numaer of ~obs eiiminac~a by this ~rolec: --- 1]. Will pr~iec: require re~ocadon o~ any Oroiec~ or ~ac]iitze~! months, [incJuding demo/it/onL monm year, (incfiadMg oemoli:ior~ ~.¥e~ ~-~o 12. Is sunoco liclulo waste :lis~osal invoived? ~'fe~ i_ i~ '/e& inctica~e cede o~ w~e (~ewage. industrial, e:~.~ ~nd amounc b. Name o~ wa~er ~y info ~hich effluent will be ~ 3. is suOsu~aca liquid wa~e ~iso~sal inv~lved~ ~Ye~ ~No Tv~e 16. ',Viii the proiec: ~enerace soiid wasre~ ~Ye~ c. If yes, give name Town 0f South01d ; ~ocation e_ if Ye~, exolain aacyclablas Sanil;arv ~No Cdl:Chogue -,.~¥e~" eno - 17. Will ~e ~roiec: involve the disoosai of solid -~a$~e_~ a. If yel, whac i~ the anciciaated ,~ce of dboosall :oas/month. b. If yes, wnac is ~e ancicioa~ed ~ce life~ 19. Will 3rojec: ,'oudnelv proauc~ odoa (more man one i~our 12. If water 5upoly i5 from weds, inoicncm pumaint capac:~ I0 lallcns/minu~. :2. Focal ancic~aaced waeer usage per day ~.000 ~ailonslday-+ irrigaLi0n 2a. Ooe~ :roiec: ~n~oive Local. Scare ar F~derai ~unaing~ ~Y~ C. Zsninq and Planning lnfarmaticn 1 Does oromosed ~c:ion involve a planning or zoning decision? ~'(es rmNo H: Yes. indica[e decision requirea: ~anin~ ~mendmenc ~zanln~ varianca ~cec~al use permi~ ~undiv/sicn .~ice plan ~new/re;~i~ian of mas~a~ ~lan ~re~ourc~ management ~lan ~acher 2. ',vha~ i~ the :~nin~ c]assiiic~:ionf~lci ~e site? AC 3. Who: is ~e m~imum ~a~encial deve~comen: =i ~he ~i:a if ae,reicoea a~ pertained by &e pre~en: :aning? 13 lots Whac is ~he maximum 2c[endal deveieomenc oi ~he site ii de,/e!oced ~s petrol:tad by ~e 0rooo~ed :oninB~ 26 un~Zs 5. Is ~e ~roaosed ~ccion consistent with ;he recommended use~ [n ideated local land use ~lans? - WhAt ~re the ~redaminAnt [And us~s) And z:nin~ d~sificAti~ within · ~,( mile rgdius a~ :roposed Residential and bus/ness~ ff ~he prooosed ac:ion ~s :he subdivision oF rand. how m~ny Io~ ire proposed? a. What is the minimum Io~ size fire procectionil ~Yes ~. I~ ye~. is existin~ c~aci~? ~uffic~ent ~o h~ndle ~rojecced dem~nd7 ~Yes 9]. will the pr~oosed ~cdon result [~ ~e ]ener~dan of ~mffic si~nificsnJy ~bove ~re~ent [e,?ei~ . D. Informational Details avoid ~ Verification ~ FLOWER~LL BUILDING CORPORATION 6 Possible County PIannlnq Comm. approval C;~'F, Town, ViiIage ~card Cit";, Town. viila~,e Pfannin~ Board ~'fe~ ~No RprnmmCndatinn July 1996 C:mt, Town ~onin~ ~card ~Yes ~N¢ rhange of ~ne 4pprowl July 1996 Otne, Local Ag~nc~e~ Other Regional Agenc~e~ ~Ye~ ~No S~ate A ~e~c{e~ ~'(e~ Fader~l Agenc~ea ~Yes ~No Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility o~ Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the quesUon: Ha;'e my responses and determinations been reasonable! The reviewer is not expected to be an expert environmental analyst. · · The Examples provided are to assist the reviewer by showing type~ of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and tot most situations. But, for any specific project or site other examples and/or Iower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list oi impacts and thresholds to answer each question. · The number of examples per question does not indicete the importance of each question. · In identif¥,ng impacts, consider long term, short term and cumlative effecc~ instructians (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there wdl be any impact. b. Maybe answers should De considered as Yes answers. c. If answering Yes to a question then check the aDpropnate box (column 1 or 2) to indicate Ihe potential size of the ~m~2act. If impact threshold equals or exceeds any example provided, check column 2. if impact ,wll occur Put threshold is lower than example, check column 1. d. identifying that an impact will be potentially large /column 2) does not mean t~at it is aisc necessardy significant. Any large impact must be evaluated in PART 3 to determine s~gnfficance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. L If a potentially large ~mpact checked in column 2 can be mitigated by change(s) in the project to a small to modera[e impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. Thrs must be explained in Part 3. IMPACT ON LAND 1 Wdl the proposed action result in a physical change to the project~e? (3NO L_~f£S Examples that would apply to column 2 · &ny construction on slopes of 153/* or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area ior 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground suriace. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect to any unique or unusual land for,ms found on the site? (i.e., cliffs, dunes, geological formations, etc.)[~NO r~'YES · Speofic land forms: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~ E~Yes ZNo lMPACT ON WATER 3 Will proposed action affect any water body des~nated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) E3NO ~'fES Examples that ;vould apply to column 2 · Developable area of site contains a protected wa[er body. · Dredging more than 100 cubic yards of material [rom channel of a protected stream. · Extension of utility distribution Facilities through a protected water body. · Construction in a des~§nated freshwater or tidal wedand. · Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change E]Yes [~No [-~Yes E]No []Yes I~No E]Yes I~No 4 Will proposed action affect any non-protected e×isun~ or new body oi water? £xamples that would apply to column 2 · A 10% increase or decrease in the surface area oi any body o¢ water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: ~lYes ~No ~No []Yes ENo 5. Will Proposed Action affect surface or groundwater quality or quanbty? E~NO I~YES Ezamples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with §rearer than 45 gallons per minute pumpinl] capacity. · Construction or operation causing any contamination oi: a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existinl] body of water to the extent that there wi[[ be an obvious visual contrast to natural conditions. · Proposed Action will require the storaBe of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: [] [] [] [] [] [] [] []Yes I-qr No I--lYes ~No [~Yes ~No E]Yes []No ~'-] Yes L--]No []Yes E]No ~]Yes ~No r-lyes []Yes ~'No [Z]Yes Ei~o [~Yes []No []Yes [~No 6. Will proposed action alter drainage flow or patterns, or sur~ce water runoff? E3NO [~YE5 Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 ~Yes []No · Proposed Action may cause substantial erosion. · Proposed Action ~s incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: C~-,~-',.,/~.~-- IMPACT ON AIR 7. Will proposed action affect air quality? ~ ~]YE5 Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle tnps in any given hour. · Proposed Action wiiJ result in the incineration refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density pi industrial development within existing industrial areas. · Other impacts: 1 Small to Moderate Impact 2 PoIential Large Impact 3 Can Impact Be Mitigated By Project Change /--]Yes []No I--lYes I--INo [~yYes I'-lNo s I'-lNo I~Yes [~No I~Yes I--No r~ Yes i-]No r~Yes ~]No [~Yes I--;No ~Yes ~]No IMPACT ON PLANTS AND ANIMALS g. Will Proposed Action affect any threatened or endangesed species? (~'NO E3YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list. using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: I~Yes I~No [~]Yes (~]Yes [~]Yes I-INa 9. Will Proposed Action substantially affect non-threatened or non-endangered species? I'~NO [~¢"E $ Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ~NO [~S Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) [~ Yes []Yes I-]No I-lYes ~ · Construction activity would excavate or compact the sod proii]e of agricultural land. · The proposed action would irreversibly convert more t. han 10 acres of agricultural land or, if located in an Agricultural District, more r.han 2.5 acres oi agricultural ]and. · The proposed acdon would disrupt or prevent insr.allation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Or. her impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can impact Be Mitigated By Project Change E~Yes E~Yes [~o []Yes []Yes I~No IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ~INO g'Y~S {If necessary, use the Visual E,~,F Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which wilt eliminate or significantly reduce their enjoyment of r.he aesthetic qua[ides of that resource. · Project components that ',','ill result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: [] [] [] [] ~ []No []Yes I--]No [~Yes ~lNo I~Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? I'-JNO []YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site inventory. · Other impacts: .,~'~-,~r IS ,.~',~_~_ .~"/"~__.4D, M .~/r"'~ IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or i'ur.ure open spaces or recreational opportun ties? / Examples that would apply to column 2 ~INO [~ES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: [] [] [] [] []]]Yes []No I~Yes F1No OYes •No OYes [~o ~--)Yes []Yes []Yes IMPACT ON CRITICAL ENVIRONMENTAL AREAS ~st~cs of ~ crmcal environmental area ~CE ~,) es[abhshed~pur~uant subdivision 6 N~rCRR 617.'T4(g) ~ ~he CE ~ 1 Smad to Moderate Impacl 2 Potential Large Impact 3 Can Impact Be Mitigated By Prolect Change Examples ~ha[ ,vouJd apply to column '% _-- Z t e s - x ,; ~_ Z Z', es Z'.: IMPACT ON TRANSPORTATION Examples that woutd aDph,' to column 2 · *,Iteration of presen~ pa~terns of mo;,emen~ or people andor ?ods. IMPACT ON ENERGY 16 ~,",'llJ proposed acbon afert the commumc~ ~ source~oi fuel or energ,, supphr ~ ~0 'Z'T E ¢ Examples thai ,,~,odld appl~ to cohJmn 2 · Proposed Action ,,',dj cause a greater :hah 5% mcre:~se ,n the LiSP Or any form of energy m the mumcipahty. · Proposed Action ',vdl require the creahon or e'~tenslOn of ali energy transmission or suppl~, s~rstem to serve more than 50sh]gleor two fanuly residences Or ~O ser;e a malor commerc[al or Industrial LISP · Other ~mpac:s 10 1 2 NOISE AND ODOR IMPACTS Small to PotenHal 17 Will there be objectionable odors, noise, or vibrauon..~s a result Moderate Large of the Proposed Action? [~N'J'O [~YE$ Impact Impact Examples that would apply to column 2 · Blasting within 1.500 feet of a hospital, school or other sensitive [] [] []Yes I'~No facility. · Odors will occur routinely [more than one hour per day). [] [] [-)Yes ~'-TNo · Proposed Action will produce operating noise exceeding the local [] [] []Yes r-iNo ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a [] [] r--lYes I~No noise screen. · Other impacts: [] [] [--]Yes I-]No 3 Can rmpact Be Mitigated By Project Change IMPACT ON PUBLIC HEALTH 18. Wiil Proposed Action ai:iect public health and ~]YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous [] [] []Yes []No substances (ie. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic [ow level discharge or emission. · Proposed Action may result in the burial of "hazardou~ wastes" in any [] [] "-lyes []No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, iniectious, etc.) · Storage facilities for one million or more gallons of ]iquiiied natural [] [] E~Yes []No gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance [] [] []Yes []NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: [] [] E~Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 Will proposed action affect the character of the existing communit/y,? f~NO E~amples that would apply to column 2 · The permanent population of the city, town or village in which the [] [] --]Yes []No project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services [] [] -]Yes [-]No will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. [] [~/ t-lYes · Proposed action will cause a change in the density of land use. [] ~/ [~]Yes I~lNo · Proposed Action will replace or eliminate existing facilities, structures [] [] []Yes []No or areas of historic importance to the community. · Development will create a demand for additional community services [~ [] r-]Yes [~o (e.g. schools, police and fire, e~'c ) / ./ · Proposed Action will set an important precedent for future projects. [] [~' []Yes · Proposed Action will create or eliminate employment. [] [] [-]Yes []No · Other impacts: [] [] [-[Yes []No 20 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? II any action In Part 2 Is Identified as a potential large impact or it you cannot delerrnine Ihe magnitude ot Impact, proceed to Par[ 11 CIIFIK/~ VOOKIII$ ~, ~J.fOC. lJqT[$, 54 N. Country Road Suite 2 MILLER PLACE, NY 11764 INVOICE DATE October 28 1996 (516)331-1455 Ms. Judith T. Terry Town of Southold Town Hall, 53095 Main Road P_O. Box 1179 Southold, NY 11971 TERMS: INVOICE # 2164 RECEIVED OCT: c 1996 Southold Tow~ Cl~rk DATE..J..INVOICENUMBER/DE$CRIPTION' J'i. "CHARGEs'. 10128/96 2164 BALANCE FORWARD J BALANCE RE: SEQRA renew of the Long EnVl-rOmnen~ai Assessment Form regarding Flower Hill Building Cor[~ol-dHon Chanoo¢ of Zone $500.00 $500.00 TOTAL $S00.00 ccount Numoer ............. ' 'voice = ............ Date ......................... TOWN OFSOuTHOLD, COUNTYOF SUFFOLK, N.Y., Dr. PAY TO: Payee Name: ............ CHARLE$.VOORHIS& ASSOC:, iNC,- · Address: 54 N. COUNTRY RD., SUITE 2 ............... M[LLEB PLACE, NY, 1.1.764 ..... Payee Identification or Social Security Number: ] Payee Reference: Invoice ~16,~ . Phone No. (.~)..3.~X~4.~.~ ............ Vendor Contact Cash Discount ................. % ......... Days .................................... Item Description of Material/Service Quantity Unit Amount No. Price S~Q_PA revic~ of t~e Long environmental ~sses~nent Form regarding FlcT~er ~ill Building Corporation" ~b._ange of ?one Total Discount Net The undersigned (Claimant) (Acting on behalf of abov named claimant) does hereby certify that the foregoing claim is true and correct and that no part the~ Iof hasas been. j;~a~l~.,ex_..Ce~t a~-/~he~r, am stbeen ' . ex t a he in stated. and that [he balance therein stated is actually due and owing. / .~////¢,'~//----~/' Dated .............................. ,19 ...... RECEIVED 0C T 7 1996 D~PAI::~T4F'NT OF PLANNIN~ COUNTY OF SUFFOLK SUFFOLK COUNTY EXECLmVE October 3. 1996 Ms. Judith T. Terry, Clerk Town of Southold 53095 Main Road - P.O. Box 728 Southol& New York 11971 Re: Application of "Flower Hill Building Corporation" (#310) for a change of zone from A-C to R-40, Town of Southold (SD-96-6) Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk Coanty Administrative Code, the Suffolk Count)' Planning Commission on October 2, 1996 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It constitutes the unwarranted further intensification of residence development in the locale; It xvould tend to establish a precedent tbr further such zoning reclassifications in the locale: Intensified development appears potentially injurious to Jockey Creek and the d,'ainage/watershed environs associated therewith: Premises can be reasonably developed in accordance with existing zoning requirements: and, It is il]consistent with the Town of Southold Land Use Plan which designates the area fbi' txvo (2) acre residence purposes. Very truly yours, GN:cc Stephen M. Jones Direct°~ Planning~ I (~hief Pla}ruer JUDITH T. TERRY TOWN CLERK REGISTR.~R OF VIT.~L STATISTICS MARRLtGE OFFICER RECORDS ~/LANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~516~ 765-1823 Telephone 1516) 765-1800 OFFICE OF THE TOWN CLERK TO%VN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X L0cadon of affected land: NORTH SIDE OF Main east of Ackerly Pond Lane, Southold. New York Suffolk County '.¥ithin 500 feet New Zoning Ordinance Amendment of Zoning Code Amendment of Zoning Map (Change of Zone) Road (NYS Route 25) and X X Tax Map No.: of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or feaerally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of The foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Recommendation of the Southold Town Planninq Board attached hereto. Date: September 25, 1996 Judith T. T~'ry Southold Town Clerk PLANNING BOARD MEMBERS RICHARD G. WARD Chairmun GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Judith T. Terry, Town Clerk RECEIVED FROM: Richard G. Ward, Chairman SEP 2 5 1996 RE: Flower Hill Building Corporation ~ouihold Town Cier~ Petition for Change of Zone SCTM# 1000-69-3-10.1 DATE: September 24, 1996 The Planning Board has reviewed the petition of Flower Hill Building Corporation for a change of zone from the Agricultural-Conservation District (A-C) to the R-40 District. The Planning Board is not in favor of the proposed zone change. The subject parcel is located adjacent to e developed parcel (Southold Villas) which is within the Affordable Housing (AHD) District. However, justification for the change of zone should not be based on the fact that an adjacent parcel is located within an Affordable Housing District. The AHD was incorporated into the Town Code to allow for affordable housing throughout the Town. The intent was not to locate it all within one area or to precipitate increased density, without benefit to the Town, on adjacent properties. As shown on the attached Tax map of the Flower Hill property (Map #1), there are approximately 30 acres of vacant A-C zoned land adjacent to the subject parcel, ~13 acres of which are adjacent to the existing Affordable Housing District also. In addition, in another area of Town, there is an AHD zone which is located adjacent to residentially zoned, R-80 land (Map #2). Therefore, a zone change for one parcel based on the fact that it is adjacent to an existing AHD parcel will effect more land then is included within the current application. The Planning Board does not see the benefit to the Town achieved by the proposed zone change. A cluster development designed under the current zone will resulL :.n residential lots approximately 30,000 to 40,000 square feet in area with an open space (or large lot) area equal to approximately half the parcel size. A cluster developement designed under the proposed zone change will result in twice the number of similarly sized lots and less open space. In regard to the Lead Agency Coordination request, the Planning Board does not object to the Town Board assuming lead agency status for the proposed change of zone. The Planning Board wishes to remain an involved agency for the proposed action. eno. RECEIVED SEP 5 1996 DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EKECUTIVE September 17, 1996 Judith T. Ten-y, Town Clerk Town of Southampton Town Hall - 116 Hampton Road Southampton, New York 11965 RE: Flower Hill Building Corporation - Change of Zone SCTM #: 1000-69-03-10.1 Dear Ms. Terry: The Suffolk County DepaCanent of Health Services (SCDHS) has received your letter dated August 7, 1996, concerning the above-referenced application, and has no objection to the Town's designation as lead agency. This correspondence is intended primarily to expedite the pmceflural reqaisements of SEQRA penalning to the establishment of lead agency. The comments provided below a~, therefore, general in nature, representing several of our most common concerns regarding Suffolk County projects. The department wishes, however, to reserve its right to provide more detailed information within the comment period(s) established for this action. I. Suffolk County Sanitary Code (SCSC) The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems, pursuant to the authority and requirements of Articles ~-, 5, 6 and 7 of the SCSC. Applications must comply with all relevant density and constxucfion standard~ for water supply and sewage disposal. Applicants should not unde~ake the construction of, or connection to, either system without Health Department approval. 2. Where applicable, the depam~ent regulates the storage, handling and discharge of reslficted toxic and hazardous materials pursuant to the reqni~ments of A~ticfes 7 & 12 of the SCSC. If an application has not yet been submitted to the SCDHS, one should be filed at lhe earliest date to allow for the technical review of the proposed action. Project designs submitted to the department should be hilly consistent with any action currently under review through the SEQRA process Design and flow specifications, information regarding subsurface soil conditions, water supply infonnatinn, and complete design details are essential to the review of this project, and are evaluated fully at the time of apphcafon review. Should the town require additional environmental information (such as a DEIS), discussion of the compliance requirements of the SCDHS should be reqinred. Of paxticular concere to the department are those areas which because of elevated groundwater conditions, or soils which are not conducive to the proper hinctioning of conventional subsurface sanitary sewage disposal systems. Your agency should be aware that such conditions fxequentiy require the use of fill or the excavation of subsurface soils to accommodate subsurface sanitary disposal systems constructed in conformance with the requirements of the SCSC. Letter to Judith T. Terry September 18, 1996 Page 2 6. The deparlment is also significantly concerned with areas wbere access to potable water may be constrained by unacceptable groundwater quality and the lack of an available pubLic water supply. Ail private water supply systems must be constxucted in conformance with requizements of the SCSC. II. NATURAL RESOURCES: l. The SCDHS fully supports all efforts to ma~mize protection of natural resources which may be impacted upon by construction and development activities. It is the position of the department that the SEQRA review process provides the greatest oppommity for comprehensive consideration of these resources, and that all practicable planmng measures should be employed to help ensure their protectio~ Of paxticular concern to department is the adequate protection of wetlands, surface waters, natural communities, contiguous natural habitats, and rare, threatened and endangered species. In addition, efforts to protect sensitive physical resources such groundwaters, dunes, bluff~, shorelines, natural drainage channels, groundwater recharge areas, and steep slopes are fully suppolled and encouraged by the SCDHS. In general, the department encourages the following land use measures be considered (where appropriate) to actions being reviewed pursuant to SEQILA. [. Maximum practicable setbacks from all wetlands, surface waters, dunes, and bluffs. 2. Non-disturbance buffers between wetland limits and required slxuctural setbacks. 3. Clustering of subdivision lots to provide for maximum preservation of l~ge contiguous areas of dedicated open apace. 4. Stringent clearing limitations which can reduce potential impacts to wildlife habitats, vegetative commumties, and unconsolidated soils. 5. Maximum practicable confinement of development to areas with slopes of less than 10%. 6. Maxxmum use of native species for landscaping purposes. 7. Constxucfion of reeharge areas, so as to minimize the amount of disturbance and s~xuctural modification to the site. 8. Maximum use of land-banked parking on commercial sites. 9. Minimal use of ferfi.hzer4ependant tuff and lamlscaping. 10. Employment of stormwater runoff conn-ol measures necessary to maintain runoff on-site. The department appreciates the opportunity to participate in the SEQRA review of th~ proposal. Additional information may be provided prior to the close of the estabhshed comment period. Should you have any questions or requite additional information, please feel fmc to contact the Office of Ecology at 852-274.1. MJR/amf cc: Vito Minei, P.E. Stephen Costa. P.E. Sincerely, ,,-% Mark I. Reuschle Environmental Planner Office of Ecology JUDl'rl:l T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. l~ox 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 20,1996 Charles J. Voorhis, CEP~ AICP Charles Voorhis & Associates, Inc. 54 North Country Road, Suite 2 Miller Place, New York 11764 Dear Mr. Voorhis: The Southold Town Board, at a regular meeting held onAugust6, 1996, adopted a resolution engaging your services to conduct a SI=QRA review of the Long Environmental Assessment Form with respect to the petition of Flower Hill Building Corporation for a change of zone, at the agreed cost not to exceed $500.00. Petition and pertinent maps, etc. are enclosed. Very truly yours, Judith T. Terry Southold Town Clerk cc: Charles R. Cuddy, Esq. GHAI~.LE$ Pt. GUDDY August 23, 1996 Judith T. Terry, Town Clerk Town of $outhold 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Re: Flower Hill Building Corporation Petition for Change of Zone Dear Mrs. Terry: to your request enclosed is the check of Flower Hill Building Corp. in the sum of $500.00 to permit the environmental review to proceed in connection with the change of zone application. Very truly yours, Pursuant Charles R. Cudd~ cac/ajc Enc. JUDITH T. TERRY TOW2~ CLERK REGISTRAR OF %qT.~L STATISTICS M_MtRIAGE OFFICER RECORDS ~I~'4AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ,516~ 765-1,923 Telephone , 516'~ 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13, 1996 Charles R_ Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Re: Flower Hill Building Corporation Change of Zone Petition Dear Mr. Cuddy: Enclosed is information concerning in the packet on Flower Hill Building August 9th. disclosure which I failed to include Corporation which I sent to you on Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JY. TDITH T. TERRY TOWN CLERK REGISTRAR OF ~,qT.kL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main P~ad P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephoae (516'~ 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 13, 1996 To: Petitioner From: Judith Terry, Re: Disclosure Town Clerk The General .Municipal Law §809 requires an disclose any relationship to a town officer or must be put in writing with the application. applicant for a rezoning to employee. This disclosure } SOO. Disclosure in certain applications ~ gveo' application, peri,ion or req ,c submitted for a vari- ance. amendment, change of zoning, approval of a plat, exemption from a plat or officiai map, license or oe_"mit pursuant rn the promsions of any ordinance, focal law. rule or regulation constitut- ing :he zoning and planning res-ulalfons of a municipality shall the name, residence and the nature and ex'cent of the interest of any sm:e officer or any officer or employee of such municipaliqr or of a municipallY7 of which such municipaliqr is a parc, in the pe~on, parmership or ~ssocia~ion makmg such application, pec/hon or request ihereinafter called the applicant) co the sx~ent known to such applicant_ 2_ For che curpose of chis sect/on an officer or emulovee shall be deemed m have an inmresc in the applicant when he.'hi~ spouse, or their brothers, slat. ers, parents, ehildren, grandchildren, or the spouse of any of them I'a) is che applicant, or lb) is an officer, directnr, parmer or employee of the applicant, or mi legally or beneficially ow~s or controls stnck of a eorporam applicant or is a meatier of a partnership or association applicant. or (d) is a party ~o an aS-mement with such an applicant, express or implied, whereby he may receive any payment or o~her benefit, whether or hOC for set'rices rendered, dependent or eontfngent upon the favorable approval of such apphcal:ion, pe~itfon or request. 3. tn the eoun~' of Nassau the provisions of subd/visions one and cwo of this sec,/on shall also apply m a pam-y officer. of'fleer" shall mean any person holdin[ any posit/on or office, whet. her by eleet~on, appoincrnent or otherwise, in any parry defined by subdimsion four of see~ion e~o of the elect/on law~ 4. Ownership of less chart five per cent of the sack of a corporation whose srnck is listed on the New York or .~merican Stock Exchanges shall not constitute an in~eresC for the purposes of ~ sect/on. 5. A person who ~noWmgly and /ntenfionally ~/oia~es this sec- t~on shall be gmil~7 of a misdemeanor_ tAdded L. 1969, e. 646, ~ 3; a. mended L.1970, c. 825, §§ t, ~) I Now ~le~fion ~w § '_-I04, subd. 5. Zoning and Land Planning ~4,~2. 533. C./.S Zomng a~t Land Planning ~§ 198. 204 m ~, ~1. No[~ of Disqualifi~tion af officer 5 ~on and Taxpayera .-Kss'n v. "Tb,,,rn qd. of Town of Tuxedo. '.978. 96 ~isc.2d i, 408 CONFLICTS OF LNTEREST AfL 1§ ~ees for sPe~al p~rmii:, and boa~-d of wholl? o~ned subsidiary, ~em ~ ~s- § 809 JUDITH T- TEB. HY TOWN CLERK REGISTI~_~ OF V[T.~L STATISTICS MARRIAGE OFFICER RECORDS ~L~AGEMENT OFFICER F~EEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax ~516i 765-1823 Telephone i516, 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 9, 1996 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Dear /Vlr. Cuddy: In accordance with Chapter 44, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Charles Voorhis & Associates, Inc_ to review the Long Environmental Assessment Form submitted by you with respect to the petition of Flower Hill Building Corporation for a change of zone. The cost of this review is $500.00, and must be paid prior to the consultants commencing their work. Please remit a check in the amount of $500.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with processing the petition. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TEP.~Y TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 SouLhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 6. 1996: RESOLVED that the Town Board of the Town of $outhold hereby engages the services of Charles J. Voorhis & Associates, ]nc., at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of Flower Hill Building Corporation for a change or zone from Agricultural-Conservation (A-C) District to Low-Density Residential R-40 District; said review to include applicant's Part I, prepare a Part Il and Part Ill, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. Judith T. Terry Southold Town Clerk August 7. 1996 JUDITH T. TEHRY TOWN CLERK REGISTI:LiR OF ~'ITAL STATISTICS M.M~RIAGE OFFICER RECORDS ~L~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ,516~ 765-i823 Telephone ,5161 765-1~00 OFFICE OF THE TOI~N CLERK Tov~rN OF SOUTHOLD August 9, 1996 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of Flower Hill Building Corporation for a change of zone on certain property located on the north side of Main Road (NYS Route 25) and east side of Ackerly Pond Lane, Southold, N.Y. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachments cc: Charles R. Cuddy, Esq. JUDITH T. TElq~tY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 6, 1996: WHEREAS, a petition has been received from Flower Hill Building Corporation for a change of zone on certain property located on the north side of Main Road (NYS Route 25) and east side of Ackerly Pond Road, Southold, New York, from Agricultural-Conservation (A-C) District to Low- Density Residential R-40 District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. ~/' Judith T. Terry ~/ Southold Town Clerk August 7, 1996 ,YUDITH T. TERRY TOWer CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Read P.O. Rex 1179 Southold, New York 11971 Fax (516) 765-1523 Telephone (516) 765-1500 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 9, 1996 To: From: Re: Petitioner Judith Terry, Town Clerk Fees for Review of Zoning Actions & Applications The Suffolk County Legislature, effective January 1, 1992, authorized fees for certain actions and applications submitted to the offices of the Suffolk County Planning Commission. Their memorandum with respect to these fees, dated December 10, 1991, reads in part: "As of January 1, 1992, zoning and subdivision actions and applications requiring significant review will be subject to a $50 fee for each zoning action ..... " "Please notify all applicants subject to County review of the requirements of County processing fee. This office (the Suffolk County Department of Planning) will bill the applicant directly once the need for significant review is determined." JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town }[all. 53095 Main Road P.O. Box 1179 Sou[hold, New York 11971 Fax (516) 765 1823 Telephone 1516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 7, 1996 lead Agency Coordination Request The purpose of this request is to determine under Environmental Quality Review Act - SEQRA) of the Environmental and 6NYCRR Part 617 the following: Article 8 (State Conservation Law 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: Flower Hill Building Corporation Requested Action: Petition for a change of zone from Agricultural-Conservation (A- C) District to Low-Density Residential R-40 District on certain property located on the north side of Main Road (NYS Route 25) and east side of Ackerly Pond Road, Southold, N.Y. SEQRA Classification: Type I Contact Person: Judith T. Terry, Town Clerk, Town of Southold. The lead agency will determine the need for an environmental impact statement (ELS) on this project. If you have an interest in being lead agency, please contact this office immediately_ If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. Page 2. Agency Position: [ ] This agency has no objection to your agency assuming lead agency status on this action. [ X] This agency wishes to assume lead agency status for this action. [ ] Other. (See comments below.) Comments: Please fee[ free to contact this office for further information. Very truly yours, Judith T. Terry 'J Southold Town Clerk Attachments Copies of this request and all attachments to the following: Commissioner Zagata, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services Charles R. Cuddy, Esq., for Flow Hill Building Corporation Southold Town Clerk's Bulletin Board (without attachments) (without attachments) JuDrrH T. TEP,~Y TOWN CLERK REGISTRAR OF %qTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE 5OUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 6, 1996: RESOLVED that the Town the Lead Agency Environmental Quality Building Corporation Board of the Town of Southold hereby commences Coordination process with regard lo the State Review Act in the matter of the petition of Flower Hill for a change of zone from Agricultural-Conservation (A-C) District to Low-Density Residential R-40 District on certain property located on the north side of Main Road (NYS Route 25) and east side of Acker[y Pond Road, Southold, SCTM#1000-69-03-010.001, consisting of 27.15 acres. uthold Town Clerk August 7, 1996 CHARLES R. July 17, 1996 RECEIVED Judith T. Terry, Town Clerk Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Flower Hill Building Corporation Petition for Change of Zone Dear Mrs. Terry: We enclose herewith the following documentation in connection with the application of Flower Hill Building Corporation to change the zoning use district its property from AC to R-40: 1. Petition for Change of Zone 2. List of Property Owners within 500 feet 3. Long form environmental information 4. Disclosure Statement 5. Six (6) copies of survey 6. Notice to Adjacent Property owners 7. Application fee in the sum of $1,000. CRC/ejc Enclosures Very truly yours, Charles R. RECEIVED JUl. 1., Soulhe!:'J ?~wn CI~.~ CASF. NO: ...~.-/-~- ........ STATE CF NEW YOllK PETITION TOWN OF SOUTHOLD iN THE MATTER OF THE PETITION OF FOR A C1LkNGE, 1%IoDIFIcATION OR A~[ENDMENT OF TPIE BUILDING ZONE OBDLN- ANCNE OF TI{E TOWN OF $OUTHOLD, SUFFOLI( COUNTY, NE~V YORK. TO TI~E TOWN BOARD OF THE TOWN OF SOUTHOLD: THOMAS E. UHL, President 8243 Jericho Turnpike, Suite 010 1. I, ..F. LO. NEB.,~LI.LL..~.NILDING CORPORATION residing at Woodbu?x,. New York 11797 (~lsert n~ne of petitioner) Stfffo]k County, iNe~v York, the undersigned, am ~he owner of certain real properly situated at ....H.__a..m..1. e.~;...o_.f.,...S..o._u..t.h.o..1..d. .................... and more particularly bounded and described as follows: See Schedule A annexed hereto more particularly describing real property located on the north side of the Main Road (NYS Route 25) and east side of Ackerly Pond Road designated on the Suffolk County Tax Map as 1000-69-03-010.001 consisting of 27.15 acres. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, SulfoIk County, Ne~v York, including lhe Building Zone Maps heretofore made a par~ thereof, as follows: To change the existingzane from AC (80,000 sq. ft.) to R-40 (40,000 sq. ft.). This increase in density is in accordance with the Iocat~on of the parcel within the Hamlet of Southold, and further justified by location of this parcel contiguous to the Affordable Housing Project. RECEIVED JUL 1,,, Southe!rJ Town CASF. NO: ...~-. -/-.~.. .......... STATE CF NE~,V YOIII~. PETITION TOWN OF SOUTHOLD lin THE i~[ATTEtl OF TH]E PETITION OF FOR A CILANGE, I~IoDEFIcATION OR ASIENDMEN'T OF THE BULLDIi,/G ZONE OF, DLN- ANC.E OF TIDE TOWN OF SOUTHOLD, sUFFOLI( COUNTY, NEW YORK. TO T~rpi'. TOWN BOARD OF TI-ZE TOWN OF SOUTHOLD: THOMAS E. UHL, President 8243 Jericho Turnpike, Suite 010 :. Z, 9.B.P..0. B__A.T.I..0.N, residing at .W..o-9. d.b-.u...rY.~..~.w....-Y.-qrk..--. J.J..7_.9_.7. .... (i~mert name of petitioner) Suffolk County, New York, the undersigned, am the owner o£ certain real property situated at ..1~!~[.'~" --1~)~I[~ .................... and more particularly bounded and described as £ollows: See Schedule A annexed hereto more particularly describing real property located on the north side of the Main Road (NYS Route 25) and east side of Ackerly Pond Road designated on the Suffolk County Tax Map as 1000-69-03-010.001 consisting of 27.15 acres. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, Ne~v York, including the Building Zone/~Iaps heretofore made a part thereo£, as follows: To change the existingzone from AC'(80,O00 sq. ft.) to R-40 (40,000 sq. ft.). This increase in density is in accordance with the location of the parcel within the Hamlet of Southold, and further justified by location of this parcel contiguous to the Affordable Housing Project. 3. Such rcquest is made [or thc fo]lowin~ reasons: The parcel adjoins the afford'able housing project located immediately to the east and is' surrounded by homesites which are appro×imatel¥ ~/2 acre in size; on the south the parcel is bounded by N¥S Route 25 and on the north it is within 700 feet of theLong island Railroad; designation of this site for 2 acre homesites is tantamount to confiscation of the parcel and therefore the applicant requests relief to complete a subdivision at a density of not more than 40,000 sQ. ft. per lot. It is the applicants intention to utilize a subdivision map which will preserve open space areas and provide a unique residential setting. FLOWER HILL BUILDING CORPORATION Thomas E. Uhl, Presqident STATE OF NE\V YORK, ) ) SS:- COUNTY OF SUFFOLK, ) THOMAS E. UHL ["~¥~'[~'~"(~.' .......................... Flower Hill BuildingBI]iINGcorporationDULY S\VORN, deposes and says fha: ne it the 7petmoner in the within action; that he has read the foregoing' Petkion and knows the contents thereof; that the tame is true to his (her) own l<nov.'ledge, except as to the matte-~ therein ~tated to be alleged on information and belief, and that as to those matters he believes it to be true. (L. S.) Notary Public. ~m~ifi~ ~ suf~k Caee~ SCHEDULE A FLOWER HILL BUILDING CORP. ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Main Road adjoining land of Faszezewski on the South, said point of beginning being 425 feet, more or less, from the northerly side of Ackerly Pond Lane, formerly Bowery Lane; from said point of beginning RUNNING THENCE along said land of Faszezewski the following two (2) courses and distances: 1) North 79 degrees 56 minutes 20 seconds West 95.90 feet; 2) North 82 degrees 01 minutes 40 seconds West 104.10 feet; THENCE continuing along land now or formerly of Baker the following three (3) courses and distances: 1) North 81 degrees O1 minutes 30 seconds West 473.01 feet; 2) North 78 degrees 37 minutes 50 seconds West 313.87 feet; 3) South 7 degrees 59 minutes 20 seconds West 544.41 feet to Ackerly Pond Lane; RUNNING THENCE along said Ackerly Pond Lane the following four (4) courses and distances: 1) North 77 degrees 40 minutes 50 seconds West 59.09 feet; 2) North 61 degrees 16 minutes 50 seconds West 162.61 feet; 3) North 38 degrees 44 minutes 00 seconds West 693.13 feet; 4) North 39 degrees 26 mintues 20 seconds West 380.19 feet to land now or formerly of Diller; RUNNING THENCE along said land of Diller the following two (2) courses and distances: 1) South 88 degrees 07 minutes 50 seconds East 401.34 feet; 2) North 16 degrees 21 minutes 50 seconds East 366.54 feet to land now or formerly of Akscin; RUNNING THENCE along said land the following three (3) courses and distances: 1) South 75 degrees 43 minutes 10 seconds East 895.92 feet; 2) South 12 degrees 50 minutes 10 seconds West 28 feet; 3) South 81 degrees 12 mintues 20 East 481.56 feet to land of Burnett; RUNNING THENCE along said land and others South 12 degrees 40 minutes 40 seconds West 276.44 feet; RUNNING THENCE along land of Zanganas South 81 degrees 16 minutes 50 seconds East 200.00 feet to the westerly line of Main Road; RUNNING THENCE along said line South 11 degrees 41 minutes 20 seconds West 275.20 feet to the point or place of BEGINNING. READ THIS DOCUMENT CAB~FULLY. YOU M3kY CONSULT YOT'~ ATTORNEY BEFOR~ COMPLETING. DISCLOSURE AFFIDAVIT STATE OF NEW YORK ) ss. COUNTY OF SUFFOLK ) lh0mas 5. Uhl, President I, Fk0WFR HIkL BUILDING CORPOR^IION , an applicant for the following relief: Change of Zone and being duly sworn, deposes and says: That I make and complete this affidavit under the penalty of perjury and swear to the truth thereof. That I understand that this affidavit is required by Section 809 of the GENEP~AL MUNICIPAL LAW and that a knowing failure to provide true information is punishable as a misdemeanor. Being so warned I state: That no one associated with Petitioner/Applicant', is a State Officer, is an officer or employee of -~0n~0ld Town, and That this person has an interest in the person, partnership, or association requesting the above stated relief. That for the purpose of this section an officer or employee shall be deemed to have an interest in the applicant where he, his spouse, or their brothers, sisters, parents, children, grand- children, or the spouse of any of them (a) is an applicant, (b) is an officer, director, partner or employee of the applicant, (c) legally or beneficially owns or controls stock of a corporate applicant or is a member of a pertnership or association applicant or (d) is a party to an agreement with such an applicant, express or implied, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or con- tingent upon the favorable approval of such application, petition or request. That ownership of less than five (5) per cent of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an intersst for the purposes of this section. Sworn to before me this 25th day of June , 1996 elom~v P~t~ic PART 1--PROJECT INFORM. ON Prepared by Project .Sponsor NOTICE: This document i$ designed to assis~in de,.ermining whecher :he ac:ion proposed may have a significant el- as pac~ of the ~pplicadon [or a~proval and may ~e ~ubjec: ~o ~u~her verification an~ public review. Provide any addidc in~ormaaon you believe w~iJ be needed to complete P~ 2 and ] lc ;~ expec:ed ~hac completion o{ [he ~u~l E.~F will be dependent on mformaaon currendy ~v~ilable and will n~ [nyc new s:udie=, research or investigation_ If information requidn~ such additional work is unavailable. ~o indic/to and sDe. Flower Hill Buildina Corporation 8243 Jericho Turnpike, Suite 0~0 Woodbury West side Main Road (NYS Route 25)/north side Ackerly Pond Road, Hamlet of Southold !516)692-4545 NY' 11797 To change the existing zone from AC (80,000 sq. ft.) to a new zone designated as R-40 (40,000 sq. ft.) in accordance with the location of the parcel within the HamIet of SouthoId. Please C~mpiete Each Question--Indicate N.A. ii not applicable A. Site Description Physical setting of overall projec:, both developed and undeveloped areas. l. Present land use: ~Urban C'~lndustrial f-;,Forest ,q~lAgricuiture 2- Total acreage of proiec: area: 27'. 15 acres_ APPROXIA4^TE Meadow or Brushiand (Non-agricultural) Face,ted Agricultural (Includes orch~rd~, cropland, pasture, etc.) Wet/and (Freshwater or tidal a5 ~er A~icJe~ ~4. 25 o{ ECL] Water Surface Area Unvegeca ced Roads. building~ and ocher ~aved su~aces Other (~ndicace 3. Whac i5 predominant soil ~pe(5) off prole¢: ~ice] I~Commercsal [-iOther C-IResidentfal (suburban) [] Rural (non-iar; PRESENTLY AFTER COMPLETIC)~ 3+- acres 2+- acres ?4+- acres 2~-+- acre-~ 0 acres '~ acre: Fave~ Inan, Plyrmuth I~ ~a~, Riv~M Im~ ~nd a. Soil drainage: []Well drained gg b. If any agricuJ:ural land is involved, haw many L~nd Classification 5ysceml 27 ac;e~. CSee 1 NYCRR 370)_ Are C~er~ bedroc~ ouccrop~ins= on pr~iec: si~e~ a. Whac is deoch co. bedrockl 2 PART 1--PROJECT INFORM, ON Prepared by Project Sponsor NOTICE: This document b designed to assist in de:ermining whether the action proposed may have a signiFicln¢ on the environment. Please complete the entire iorm, Part~ A through E. Answers to these questions will be as parc o,: the application For approval and may ~e :ubiec: to Further verification and public review. Provide any addit~c iniormation you beHe,/e will be needed to ccmpIete Parc~ 2 and ]. It is e.xpec:ed that completion of the full E,-kF will be dependent on informaaon currently available and will not invc new studies, research or investigation. If iniarmation requiring such additiana/work is unavailable, so indicate and spe. West side Main Road (NYS Route 25)/north side Ackerly Pond Road, Hamlet of Southold Flower Hill Building Corooration I ~516~692-4545 8243 Jericho Turnpike, Suite 010 Woodbury NY' 11 ?9? To change the existing zone from AC (80,000 sq. ft.) to a new zone designated as R-40 (40,000 sq. ft.) in accordance with the Iocation of the parcel within the Hamlet of SouthoId. Please C~mplete E~ch que~tion--lndlcate ,q.~.. ii not applicable A. Site Description Physical setting of overall proiec:, both developed and undeveloped areas. 1. Pre~ent land use: I~Urban [-1Industrial ~Forest i~Agricuiture 2. To(al acreage of profoot area: 27.15 ac:es. APPROXlNtAT~ ACREAC; ~eadow or Brushiand [~on-agricultural) Forested Agricultura~ (Includes orch?.rds, cropland, pasture, etc.) Wedand (Freshwater or tidal as per Articies 24. 25 of ECL] water Surface Area Unvegetated (Rack. ear'ch ar fill) Roads. buildings and other paved sun:ac,s Other (Indicate typel ]. What is predorn;nant ~oil ~pet's) on pralect sice~ ImCommerc!al ~Other [-]Residential (suburban) I-]Rural (non-iar~ a. Soil drainage: C]W~II drained ~9 % or ~te t~,loderacely well drained % of site C]Poody drained I ~,~ of site b. If any agricultural land is involved, how many Land Classification Sy~tem~ 27 ac:e~. CSee 1 NYCRR 370). Are there bedrock outcropgini: on project site? ~Yes a. Whac is deoch to. bedrockt tin PRESENTLY AFTER COMBLETION 3+- acrea 2+- ac:es ~4+- acres ?~- acre~ 0 acres 1 acre: I-~lvefl Irwin, P1],,Trr,,u~ Inatiiy qand, RivPrl-iaad Innmy ~and 5. Approximate percentage oZ proposed proiect~itewithslopes: GL .% _ 92 % riO-151?. ~ ~. I~ pro~ect substantially condBuou~ to. or contain a building. ~te. ~r distric~ lis~ed on ~he Sc~te or the Re~isters o~ Historic Places~ ~Yes ,. ms pro(ect subscDntia[ly cond4uous to a iite [iste~ on the Re~)st~r o~ N~tiona[ N~tura[ Landmarks~ ~Yes ~Nr' 8. What is the depth o~ the water table~ (in feet) 9. Is site located over a primal, principal, or sole sourc~ aqulfer~ ~Yes 10. O~ hunting, Hshing or ~he[I Fishln~ oOportunides pre~endy exist in the pr~iect areal ~Yes ~No ~1. ODes proiec: sic~ contain ~ny species oi plant or animal li~e that is identified ~s threatened or ~Yes ~No According to Identify e~ch soecies ~2_ Are there any unique or unusual tend ~orm~ on the Droiec~ slte~ (L~., cti~fs, dun~. other geological Describe 93. Is the pr6iect site presently used by the communit? or neighkorhoad as an open sOace or .recreation area · -[~Ye~-" ' 0U~o If yes. exolain 14. ODeS the present site include scenic views known ~o ~e [mDom2nc :o the a. N~me of Stream and name o~ River to which it is tribu~ 16. Lakes. ponds, wetland areas within or contiguous to projec: area: a. Name None b. Size (In acres) '7. ts the site served by existing public utilities~ r~Yes al If Yes. does sufficient capacity exist to allow connec:ion~ ~-¥es bi I~ Yes. will imgrovemen~ be necessar? to allow connec:lon~ ~Yes 98. Is the site Ioc3ted in ~n ~gricultura( distrlc= ce~i~ied 5ecdon ~03 ~nd ]04~ ~Yes ~No 9g. Is the site Ioc~ted in or substantially conci~uaus to ~ Cridc~l ~nv~rcnment~l Area designated pursuant to Ar:ic[e o~ the ECL. and 6 N'(CRR 617~ ~Ye~ ~No 20. Has the site ever been used for the disposal of iolid B. Project Descriptien 9. Physic~.[ dfmens[o~s end sca~e of proiect (fill in dimensions as ao0raori~te] a. Tocz( contiguous ~creage owned or controlled by pro,et: sgonsor 27.1q b. Project ~creage to be develooed: ~7.~ acres initially: ~7.~5 c. Froject ~cre3~e to remain undevelooed 10 ~cre~_ d. Length of projec~ in mile~: .... (If ~ooroDriate] f. Humber of off-street o~r~in~ ~O~ce~ e~isting 0 : ~rooosed 50 Initially ~ i. Dimensions (in ~eetJ of largest proposed itruc:ur~ 30+- height: 48 ~idt~; [. Linear feec of frontag~ &tong ~ oublic thorough/are Oroiec: '~iil occupy is~ ~0~ acres ultimately. Condominium length. 2. How much natural mater/al (i.e., rock, e~th, =cc I will be removed from the sitar 0 a. I~ ye~. ~or what intended purpose b the s~te being reclaimed) b. Will ~op~oil be stockpiled for reclamadon~ ~Yes ~No c. Will upper subsoil be s~ockpi/ed for recJamationl ~Ye~ 14 4. How many ac~e5 o~ vegetation [trees, ~hrubs, ground cover~) will be removed ~rom site? acres. 5. WiJJ ~ny mature ~ore~[ (over 100 years ol~) or other ~ocally-impo~anc vegetation be removed by []Yes ~No 6. If single phase projec: Anticipated period o~ construction 24 7. II~ multi-phased: a. Total number of phases anticipated 1 (number)_ b. Anticipated date o~ commencement phase 1 c. Approximate c~mplecion da~e o~ ~inaJ phase d. Is phase 1 funcdonafly dependent on ~ubsequen~ phaseJt ~. Will bla~in~ occur durin~ cons~ucflon~ ~Yes ~No ~. Number ~f ~ob5 generated: dudns const~c:ion ' 20 10. ~umber of jobs eliminated by [his projec~ --- 11. will project require relocation of any proiec~ or f~c~Jitie=~ months, (including demolidonL month year, (indbding demolition ~]Yes I~:No a/~er proiec:, is complete ..... ~Yes ~"~o 1~ yes. explain 12. hl surl=ace liquid waste disposal involved? ~Yes a. If yes. indicate ~ype oi waste (~ewage. industrial, otc_) and amount b. Name oi water ~ody into which eifluen~ will be 13. Is ~ubsudace liquid waste disposal involved? ~Ye~ ~No Type ~4. Will ~u~ce ~rea o~ ~n existing w~r body inc:e~e or decrease by proposaJ~ Explain 15. Is pro~ec: or ~ny potion oi proiec: I~c~ed in a 1~ year flood plainl 16. Will ~he proiec: generate solid waste? ~Yes ~NO a. If yes, what i~ :he amount per month 4 Cons b If yes. will ~n existing solid waste facJJi~ be used? ~Ye~ ~No c_ If yes. give name TOWR Of S0uth01d ; 17, 18, 19. 20. 2'1. 22_ 23. 24. e. If Yes. explain RecyclabIes Will the project involve :he disposal of solid waste~ a. I~ yes, what is the anticipated race of disposal? b. I~ yes. what is ~e anticipated site life? Will project use herbicides or pes£icidesl IR'~yes AqNo tons~month. ~No Sanitary Cutchogue Will project routinely produce odors (more chon one hour per day)? [Yes ~qNo Will project produce operating noise exceeding [he Jocal arno/eno noise levels? E~Yes Will project result in an increase in energy use? t~Yes [No IE yes , indicate ~p~5) Electrical If wa[er supply i5 from wells, indicate pumping capacJr/ ]0 gallons/minute. Total anticipated water usage per day ~.000 gallons/day.+ J~r~g8[~O~ Ooes project involve Local. 5ca~e or Federal funding? ~Yes ~No It Ye~, explam F~No -~Yes '" I~No l~No · '~, Approvals Required: City, Town. Village Board City, Town. Village Planning Board ~Yes (]No City, Town Zoning Board {~'(es uno City, County Health Decarlo-n: OYes ~lNo Other Local Agencies OYes ~No Other Re~ionnl A~encies ~Yes St~e A~enc~es ~'fes Federal A~encie~ ~Yes Type RecnmmPndRtinn Change of Zone ~pproval .nsita plan Possible County Planning Comm. approval i-INo Osubdivisioo C. Zoning and Planning Information 1. Does 0roposed ~c:ion involve a planning or zoning decision? f~lYes If Yes, indicate decision reaulred: I-lzoning amendment (~zonlng variance i-lspecial use permit Cnew/re;lision o~ master plan I-Iresourca. mana~,ement plan f-luther 2. What is the zoning classification(sip? the site? AC ' Date' July 1996 July 1996 3 What is the maximum potential development of the site ii: developed as permit:ed by the present zoning? 13 lots 4. Whac ;s the proposed zoning of the site? R=40 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 26 units 6, Is ~he proposed ac:ion consistent wich the recommended uses in adopted local land use plans? I'~Yes 7. Whac are the predominant land us~s) and zoning cI~sifications within a % mile radius of proposed ac:ion~ Residential and business 8. Is :he Oroposed ac:ion compatible with ~dioinin~surrounding [and uses within a % mile? ~Yes 9 If the prooosed action is the subdivision of rand. how many Io~ are proposed? a. What is the minimum loc size proposed'/ 10. Will proposed acdon require any authorization(s) for the formation o~ sewer or water distHc~l ~Yes ~N, 11. Will ~he proposed ac:ion create a demand For any community provided semites (recreation. educ=tion, polics fire protecdonJ~ ~Yes ~No a. If yes. is ezistin~ capaci~ sufflcient to handle projected demand? ~Yes ~No 12. Will [he proposed action resuI~ [n the generation of traffic significantly above present levels~ · a. If yes. is the existin~ road newark adequate ~a hzndle ~e ~dditianal ~afficl ~Yes D. Informational Details A[tach any additional information as may be needed ~o clarify your projec~ If there are or may be any adver~ impac~ associated wi:h your proposal, please discus5 such imoac~ and [he measures which you propose ~o micigace c avoid chem. E. Verification I ce~J~ :hoc the information provided above is true [o the best of my knowledge. , ~ FLOWER~LL BUILDING CORPORATION Oate 6/25/96 Applic~nUSponsa~e~ / _ ~~ ~ ~me President TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of FLOWER HILL BUiLDiNG CORPORATf0N to the Town Bonrd of the Town of Southold. TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition thc Town Board of thc Town of Southold to requests chanqe of zone That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: See Schedule A annexed - SCTM #1000-69-03-010.001 3. That the property which is the subiect of such Petition is located in the following zoning district: AC - 80,000 sq. ft. 4. That by such Petition, the undcrsi~zned will reouest that the above-described property be placed in the following zone district classification: R-40 (40,00O sq. ft. ) 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 Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in thc 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: July 16, 1996 FLOWER HILL BUILDING'CORPORATION Petitioner c/'o CHARLES R. CUDDY, ESQ. PostOfficeAddrcss: 445 GriffJnq Avenue P.O. Box 1547 Riverhead, NY 11901 TOWN BOARD. TOWN OF SOUTI{OLD In the Matter of the Petition of FLOWER HILL BUILDING CORPORATION to the Town Board oF the Town of Sou[hold. 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 requesta chanqe of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: See Schedule A annexed - SCTM #1000-69-03-010.001 3. That the property which is the subject of such Petition is located in the following zoning district: AC - 80,000 sq. ft. 4. That by such Petition, the undersiened will reouest that the ~bove-described property be placed in the following zone di~trict classification: R-40 (40,00D sq. ft. 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 Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchmanj 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: July 16, 1996 FLOWER HILL BUILDING'CORPORATION Petitioner c/'o CHARLES R. CUDDY, ESQ. PostOfficeAddress: 445 Griffinq Avenue P.O. Box 1547 RJverhead, NY 11901 FLOWER HILL BUILDING CORPO~{ATION, Applicant NAME & ADDRESS OF ADJACENT PROPERTY OWNERS 1000-69-3-9.2 Ann D. Hemblo Ackerly Pond Lane Southold, NY 11971 1000-69-3-11 Louis F. Baker & Others Main Road Southold, NY 11971 1000-69-3-14 Edward & Donna M. Dunne 665 Jasmine Lane Southold, NY 11971 1000-69-3-15 Norman L. & Shirley A. Waterhouse 775 Jasmine Lane $outhold, NY 11971 1000-69-3-24.2 Mark & Teresa Mellas 965 Jasmine Lane Southold, NY 11971 1000-69-3-24.4 Kevin H. Lademann 1155 Jasmine Lane Southold, NY 11971 1000-69-3-24.6 Donald G. Bracken Jr. 226 Highview Drive Calverton, NY 11933 1000-69-3-24.8 George Wieser 1030 Country Club Drive Cutchogue, NY 11976 1000-69-5-6 Charles & Nancy Wright 1705 Ackerly Pond Lane Southold, NY 11971 1000-69-5-8 Edgar & Arlene Marvin Jackson Street New Suffolk, NY 11956 1000-69-5-13.3 Randy & Mary Young 875 Ackerly Pond Road Southold, NY 11971 1000-69-3-9.3 Christian Frederick Baiz III 5 Oval Court Bronxville, NY 10708 1000-69-3-12 Florence & June Carpenter 867 E. 37 Street Brooklyn, NY 11210 1000-69-3-24.1 Frederick Weber, Jr. Carrie Louise Weber 895 Jasmine Lane Southold, NY 1971 1000-69-3-16 Kevin L. Santacroce 875 Jasmine Lane Southold, NY 11971 1000-69-3-24.3 Susan A. Callahan 1065 Jasmine Lane Southold, NY 11971 1000-69-3-24.5 Susan Schelin 1225 Jasmine Lane Southold, NY 11971 1000-69-3-24.7 David D. & Carol Hardy 1385 Jasmine Lane Southold, NY 11971 1000-69-5-5 Clifford & Ruth Cornell 325 Willow Point Southold, NY 11971 1000-69-5-7.1 Pamela Hunt 1375 Ackerly Pond Lane Southold, NY 11971 1000-69-5-9 Peter Swenkoski & Dennis Swenkowski 198 Ackerly Pond Lane Southold, NY 11971 1000-70-5-1 Virginia Faszczewski Box 378 Main Road Southold, NY 11971 1000-70-1-6.2 Joseph & Carol Best 265 Jasmine Lane Southold, NY 11971 1000-70-1-6.3 Paul Zaneski 365 Jasmine Lane Southold, NY 11971 1000-70-1-9 William Walden Main Road c/o Box 59 Southold, NY 11971 1000-70-2-12 Louis Baker & Bertha Main Road Southold, NY 11971 Bell 1000-70-2-14 Christian Science Society Main Road Southold, NY 11971 1000-70-5-52 Luis & Maria Portal 74 Inlet View East East Moriches, NY 11940 1000-70-1-10 Diana & Mary Zanganas PO Box 1636 Main Road Southold, NY 11971 1000-70-2-13 Albert & June Giuliani 50550 Main Road Southold, NY 11971 1000-70-2-15 Jumbo Realty Corp. 50800 Main Road Southold, NY 11971 0 FLOWER HILL BUILDING CORPORATION, Applicant NAME & ADDRESS OF NEIGHBORING PROPERTY OWNERS 1000-69-3-9.2 Ann D. Hemblo Ackerly Pond Lane Southold, NY 11971 1000-69-3-11 Louis F. Baker & Others Main Road Southold, NY 11971 1000-69-3-13 Andre Moraillon 225 Central Park West Apt. 1107 New York, NY 10024 1000-69-3-15 Norman L. & Shirley A. 775 Jasmine Lane Southold, NY 11971 Waterhouse 1000-69-3-17 John J. Jaklevic 45 Apple Court Southold, NY 11971 1000-69-3-19 Robert H. & Joan S. 155 Apple Court Southold, NY 11971 Jenkins 1000-69-3-21 Julia Benjamin & Shirley Bergonzi 235 Apple Court Southold, NY 11971 1000-69-3-24.2 Mark & Teresa Mellas 965 Jasmine Lane Southold, NY 11971 1000-69-3-24.4 Kevin H. Lademann 1155 Jasmine Lane Southold, NY 11971 1000-69-3-24.6 Donald G. Bracken Jr. 226 Highview Drive Calverton, NY 11933 1000-69-3-24.8 George Wieser 1030 Country Club Drive Cutchogue, NY 11976 1000-69-3-24.10 Jeffrey & Pamela Ann Babcock 1380 Jasmine Lane Southold, NY 11971 1000-69-3-9.3 Christian Frederick Baiz III 5 Oval Court Bronxville, NY 10708 1000-69-3-12 Florence & June Carpenter 867 E. 37 Street Brooklyn, NY 11210 1000-69-3-14 Edward & Donna M. Dunne 665 Jasmine Lane Southold, NY 11971 1000-69-3-16 Kevin L. Santacroce 875 Jasmine Lane Southold, NY 11971 1000-69-3-18 Lorraine Haeg 95 Apple Court Southold, NY 11971 1000-69-3-20 Glen & Ann Marie Staples 205 Apple Court Southold, NY 11971 1000-69-3-24.1 Frederick Weber, Jr. Carrie Louise Weber 895 Jasmine Lane Southold, NY 11971 1000-69-3-24.3 Susan A. Callahan 1065 Jasmine Lane Southold, NY 11971 1000-69-3-24.5 Susan Schelin 1225 Jasmine Lane Southold NY 11971 1000-69-3-24.7 David D. & Carol Hardy 1385 Jasmine Lane Southold, NY 11971 1000-69-3-24.9 John Jr. & Leslie Tasca 1450 Jasmine Lane Southold, NY 11971 1000-69-3-24.11 Stanley & Tilli Zurek Main Street Southold NY 11971 1000-70-1-6.8 Thomas & Karen Helinski PO Box 1182 275 Laurel Ave. Southold, NY 11971 1000-70-1-6.10 Michael & Rose Anasagasti 360 Jasmine Lane Southold, NY 11971 1000-70-1-7.1 Joey Ann Verwayen 347 East 60 Street New York, NY 10022 1000-70-1-9 William Walden Main Road c/o Box 59 Southold NY 11971 1000-70-2-6 Paul Radich & Wf. PO Box 362 Southold NY 11971 1000-70-2-8 Clayton Weymouth PO Box 125 Main Road Southold, NY 10971 1000-70-2-10 Keith & Mary Jane Purcell 50900 Main Road Southold, NY 11971 1000-70-2-12 Louis Baker & Main Road Southold, NY Bertha Bell 11971 1000-70-2-14 Christian Science Society Main Road Southold NY 11971 1000-70-2-16 Anne Dixon Jockey Creek Drive Southold NY 11971 1000-70-5-52 Luis & Maria Portal 74 Inlet View East East Moriches, NY 11940 1000-70-5-2 Gerard Gaughran Sr. PO Box 998 Southold, NY 11971 1000-70-5-4 Jay Slotion PO Box 246 New Suffolk, & MJ Davis Slotion NY 11956 1000-70-5-6.2 Donald Spates 1115 Bayview road Southold, NY 11971 1000-70-1-6.9 William H. Gaffga III 420 Jasmine Lane Southold, NY 11971 1000-70-1-6.11 Peconic Properties Management c/o Box 1143 Main Road Cutchogue, NY 11976 1000-70-1-8 Charles & Helga Michel 50605 Main Road Southold, NY 11971 1000-70-1-10 Diana & Mary Zanganas PO Box 1636 Main Road Southold, NY 11971 1000-70-2-7 David & Bonne Pascoe PO Box 1198 Southold, NY 11971 1000-70-2-9 John Mavrovic 151 72 21 St. Avenue Whitestone, NY 11357 1000-70-2-11 Pudge Corp. 50800 Main Road Southold NY 11971 1000-70-2-13 Albert & June Giuliani 50550 Main Road Southold, NY 11971 1000-70-2-15 Jumbo Realty Corp. 50800 Main Road Southold NY 11971 1000-70-2-20.2 Louis F. Baker Main Road Southold NY 11971 1000-70-5-1 Virginia Faszczewski Box 378 Main Road Southold, NY 11971 1000-70-5-3 John & Agnes Sahm 5414 Arlington Avenue Riverside NY 10471 1000-70-5-5 Peter Stoutenburgh 3075 Indian Neck Lane Peconic, NY 11958 1000-70-5-7.1 Leslie Hart Jockey Creek Lane Southold, NY 11971 FLOWER HILL BUILDING CORPORATION, Applicant NAME & ADDRESS OF NEIGHBORING PROPERTY OWNERS 1000-69-3-9.2 Ann D. Hemblo Ackerly Pond Lane Southold, NY 11971 1000-69-3-11 Louis F. Baker & Others Main Road Southold, NY 11971 1000-69-3-13 Andre Moraillon 225 Central Park West Apt. 1107 New York, NY 10024 1000-69-3-15 Norman L. & Shirley A. Waterhouse 775 Jasmine Lane Southold, NY 11971 1000-69-3-17 John J. Jaklevic 45 Apple Court Southold, NY 11971 1000-69-3-19 Robert H. & Joan S. 155 Apple Court Southold, NY 11971 Jenkins 1000-69-3-21 Julia Benjamin & Shirley Bergonzi 235 Apple Court Southold, NY 11971 1000-69-3-24.2 Mark & Teresa Mellas 965 Jasmine Lane Southold, NY 11971 1000-69-3-24.4 Kevin H. Lademann 1155 Jasmine Lane Southold, NY 11971 1000-69-3-24.6 Donald G. Bracken Jr. 226 Highview Drive Calverton, NY 11933 1000-69-3-24.8 George Wieser 1030 Country Club Drive Cutchogue, NY 11976 1000-69-3-24.10 Jeffrey & Pamela Ann Babcock 1380 Jasmine Lane Southold, NY 11971 1000-69-3-9.3 Christian Frederick Baiz III 5 Oval Court Bronxville, NY 10708 1000-69-3-12 Florence & June Carpenter 867 E. 37 Street Brooklyn, NY 11210 1000-69-3-14 Edward & Donna M. Dunne 665 Jasmine Lane Southold, NY 11971 1000-69-3-16 Kevin L. Santacroce 875 Jasmine Lane Southold, NY 11971 1000-69-3-18 Lorraine Haeg 95 Apple Court Southold, NY 11971 1000-69-3-20 Glen & Ann Marie Staples 205 Apple Court Southold, NY 11971 1000-69-3-24.1 Frederick Weber, Jr. Carrie Louise Weber 895 Jasmine Lane Southold NY 11971 1000-69-3-24.3 Susan A. Callahan 1065 Jasmine Lane Southold NY 11971 1000-69-3-24.5 Susan Schelin 1225 Jasmine Lane Southold NY 11971 1000-69-3-24.7 David D. & Carol Hardy 1385 Jasmine Lane Southold, NY 11971 1000-69-3-24.9 John Jr. & Leslie Tasca 1450 Jasmine Lane Southold NY 11971 1000-69-3-24.11 Stanley & Tilli Zurek Main Street Southold NY 11971 1000-70-1-6.8 Thomas & Karen Helinski PO Bo~ 1182 275 Laurel Ave. Southold, NY 11971 1000-70-1-6.10 Michael & Rose Anasagasti 360 Jasmine Lane Southold NY 11971 1000-70-1-7.1 Joey Ann Verwayen 347 East 60 Street New York, NY 10022 1000-70-1-9 William Walden Main Road c/o Box 59 Southold NY 11971 1000-70-2-6 Paul Radich & Wf. PO Box 362 Southold NY 11971 1000-70-2-8 Clayton Weymouth PO Box 125 Main Road Southold NY 10971 1000-70-2-10 Keith & Mary Jane Purcell 50900 Main Road Southold NY 11971 1000-70-2-12 Louis Baker & Bertha Main Road Southold NY 11971 Bell 1000-70-2-14 Christian Science Society Main Road Southold NY 11971 1000-70-2-16 Anne Dixon Jockey Creek Drive Southold NY 11971 1000-70-5-52 Luis & Maria Portal 74 Inlet View East East Moriches, NY 11940 1000-70-5-2 Gerard Gaughran Sr. PO Box 998 Southold, NY 11971 1000-70-5-4 Jay Slotion & MJ Davis PO Box 246 New Suffolk, NY 11956 Slotion 1000-70-5-6.2 Donald Spates 1115 Bayview road Southold, NY 11971 1000-70-1-6.9 William H. Gaffga III 420 Jasmine Lane Southold, NY 11971 1000-70-1-6.11 Peconic Properties Management c/o Box 1143 Main Road Cutchogue, NY 11976 1000-70-1-8 Charles & Helga Michel 50605 Main Road Southold, NY 11971 1000-70-1-10 Diana & Mary Zanganas PO Box 1636 Main Road Southold, NY 11971 1000-70-2-7 David & Bonne Pascoe PO Box 1198 Southold, NY 11971 1000-70-2-9 John Mavrovic 151 72 21 St. Avenue Whitestone, NY 11357 1000-70-2-11 Pudge Corp. 50800 Main Road Southold, NY 11971 1000-70-2-13 Albert & June Giuliani 50550 Main Road Southold, NY 11971 1000-70-2-15 Jumbo Realty Corp. 50800 Main Road Southold, NY 11971 1000-70-2-20.2 Louis F. Baker Main Road Southold, NY 11971 1000-70-5-1 Virginia Faszczewski Box 378 Main Road Southold, NY 11971 1000-70-5-3 John & Agnes Sahm 5414 Arlington Avenue Riverside, NY 10471 1000-70-5-5 Peter Stoutenburgh 3075 Indian Neck Lane Peconic, NY 11958 1000-70-5-7.1 Leslie Hart Jockey Creek Lane Southold, NY 11971 1000-69-3-24.12 Scott Alan Schelin 1220 Jasmine Lane Southold, NY 11971 1000-69-3-24.14 Sheila Elliston &Jon Baker 1060 Jasmine Lane Southold, NY 11971 1000-69-3-24.16 Edward & Courtney McGough 860 Jasmine Lane Southold, NY 11971 1000-69-5-4.1 Christian Frederick Baiz III 5 Oval Court Bronxville, NY 10708 1000-69-5-6 Charles & Nancy Wright 1705 Ackerly Pond Lane Southold, NY 11971 1000-69-5-7.2 Edwin Ward 6 Malibu Lane Centereach, NY 11720 1000-69-5-8 Edgar & Arlene Marvin Jackson Street New Suffolk, NY 11956 1000-69-5-10 Cynthia Nelson PO Box 202 Southold, NY 11971 1000-69-5-12.1 Andre Moraillon 225 Central Park West Apt. New York, NY 10024 1000-69-5-13.3 Randy & Mary Young 875 Ackerly Pond road Southold, NY 11971 1000-70-1-3 Marion R. King PO Box 1106 Main Road Southold, NY 11971 1000-70-1-6.2 Joseph & Carol Best 265 Jasmine Lane Southold, NY 11971 1000-70-1-6.4 Roy & Jance Ann Macomber 275 Apple Court Southold, NY 11971 1000-70-1-6.6 Jerry & Linda Delaney 220 Apple Court Southold, NY 11971 1107 1000-69-3-24.13 Richard Witzke & Denise Davour PO Box 333-1150 Jasmine Lane Southold, NY 11971 1000-69-3-24.15 John & Grace Sweeney 930 Jasmine Lane Southold, NY 11971 1000-69-5-2 Sylvia Molloy & Maria Luisa Bastos 333 West 22 Street New York, NY 10011 1000-69-5-5 Clifford & Ruth Cornell 325 Willow Point Southold, NY 11971 1000-69-5-7.1 & 7.4 Pamela Hunt 1375 Ackerly Pond Lane Southold, NY 11971 1000-69-5-7.3 Brian & Karen Becker 421 Edwards Avenue Calverton, NY 11933 1000-69-5-9 Peter Swenkoski & Dennis Swenkowski 198 Ackerly Pond Lane Southold, NY 11971 1000-69-5-11.1 Theodore Klos 475 Ackerly Pond Lane Southold, NY 11971 1000-69-5-13.2 Claude & Diane Carlson 1515 Lower Rd. Ackerly Pond Southold, NY 11971 1000-69-5-13.4 Claude & Diane Carlson Bayview Road Southold, NY 11971 1000-70-1-4 & 5 Thomas V. Franke & Wf. Main Road Southold, NY 11971 1000-70-1-6.3 Paul Zaneski 365 Jasmine Lane Southold, NY 11971 1000-70-1-6.5 Arthur & Donna L. Childress 250 Apple Court Southold, NY 11971 1000-70-1-6.7 Walter & Michelle Berry 160 Apple Court Southold, NY 11971 1000-70-5-8 Ellis Terry & Wf. Main Road Southold, NY 11971 1000-70-5-24.1 NAR Development Corp. Main Road Southold, NY 11971 1000-70-5-9 William & Ann Knoeller Box 171 Peconic, NY 11958 JUDITH T. TEH.Ry TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICEI~ FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. l~ox 1179 Southold, New York 11971. Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR POSITIVE DECLARATION Notice of Determination of Significance Leazi ,4gency. : Address: Dare: Town of Sour_hold Plnnnmg Board Town of Sou[hold Town Hall. 53095 .'vim Road Sou[hold. New York 1.1971 October 29 , 1.996 This notice ts [ssued pursuant ;o Parr 617, of the Lmplementmg regxflatioas per-raining ro Article 8 t Stare Environmental QuaLity. Review') of the Eavixonmenta2 Conservation Law. The lead agenc/has deterrmned that the proposed action described be[ow will have a si_~nificam effect on the env/romxaenr :md that a Draft Environmental Impact Statement must be prepared. Title of Action: Flower Hill Building Corporation Change of Zone Application SCTM No, i000-69-03-[0.1 $outhotd, New 'rork SEQR Status: Unlisted Acuon Project Description: The subject application havolves a request for chan_oe zoning desi_~nauon trom Am-'iculmrai Conservation- District to l~.--t0 Residentia~ on a 27.15 acre parcel ]~OC3£iOR: Subject prope..~y is located ro :be norxhwest of :he intersection of NYS Route 25 ~,Matn Road) and Ackeriy Pond Road. Reasons Supporting This Determination: This deterrrfinafion is issued in Pull consideration of the Criteria for Determination of S[gpuficance coma/ned in 6 _',F~'CRR Parr 617.7, :he Long Envirormaental Assessment Form ?2rrs [ and Fl and :ne ~oi[owmg svecLfic reasons: .5. 9. 10. ,although the project is an Unlisted action, it will cause = si~ifl, cemt increase in the ~ilowed density oi land use on the project site, potentially doubling the nmnber af homes which, could be constructed on the parcel. .-k~ the project sponsor has based the request for a change of zone on the presence of an Affordable Housing District (At-ID) to the northeast, granting of the request would set a precedent for kigher density development of other R-80 Residential and A-C lands which are adjacent to :m .Ali District. Thus, the proposed change of zone is likely to precipitate requests for La~e~¢d densities on other parcels, and could result in impacts throughout the Town. The proposal is inconsistent with the stated Land Use goals of the Tog~ which, seek to preserve ooen =pace and prune a_mScultttral lands through the use o£ the A-C Zolxing designatiom A.s development at . the proposed density is nnllkely to allow preservation o£ sigrfificant open space, the action would permanently remove the prune soili fotmd on the subject property from cultivation The subject parcel conta.i.ni a NWSDEC regulated wetland, which is part of the Jockey Creek watershed. The proposed actio~a will increase development pressure :md the potential impacts to this small wetland. The subject parcel contains areas of steep slopes us ,sell as two swales. The proposed action is likely to increase the poteurlal for erosion, alteration of existing dxainage, and other topographic impacts. The depth to groundwater beneath the site is approximately 3 to 31 feet. The northern portion of the site has more tha~ adequate depth to grotmdwater to support residential development; b. owever, the depth to groundwater on the southern portion will present comstramts for sanitary system location :md design_ The higher density which would result fi.om the proposed action would inet. ease development pressure, .md thus might restflt in grotmdwater impacts due to the limited depth to groundwater. The proposed action would res, It m an increased loss of ,s41dlife habitat, as the proposed density is ~,nllkely to allow preservation of signiilcant ooen space on site. The proposed action would result in .,4sua.l changes and other aesthetic anpacts on the rural character oi the Town. The pro:'amiry of the site to Jockey Creek suggests that prehiitoric resottrcas mi_ant be present. Thus, ttm proposed action may have an impac~ on archaeological resources, if determined to be present. The proposed acuon ,mil have an impact on demand for community se,micas such as those provided by the school, police and fire districts. ,ma cra/ftc level~ on adjacent roadways .mil :~o incxease, particularly given the potential increase above current zoning. For Further Information: Contact Person: Ms. Judith Te~'Tv Town Clerk Tow-n of Somhoid 53095 Mum Road. P.O. Box ~!79 5outhold, New York 1197! (516) 765-1938 Copies of this Notice Sent to: SouthoId Town Board Southold Town Buildme Department SoutholdTown PI3nning. Board Sou~boid Town Board ot Trustees Suffolk Court .fy Department of Health Services Suffolk County Department ,of P!an-mn_~ Suffolk Counw Deoar~ment of Public ~'orks N~ S Dem_ of'Envfrortmenrai Consev.~ation..Zdbany ann Stony B;oo~ Offices NYS Office ,)f Parks. Recreation'o. nu Historic P,':ese:-.'armn U,S. Dept. oi Agriculture U.S. A_rmy Corp of Engineers Southold Town Clerk's BuLletin Board Charles R. Cuddy, E~q., for Flower Hill Buildin9 Corporation RECEIVED CA$~ t~o: ...~.z~. .......... STATE CF NEW YORi{ TOWN OF SOIJTIIOLD JUl. 1,, So.lhoM Town CI,, PET1T[Oi f IN TIlE I~,[ATTER OF TtlE PETITION OF FOR. A CiIANGir-, lqODDrICATION OR ;\MENDMErCI' OF ']'iIE;, BUILDIrIG ZOrlE ORDi['T- ANCE; OF TItE TOWN OF SOUTIIOLD, SUFFOLI( COUNTY, NEW TO TIlE TOWN BOARD OF TIIJE TOWN OF SOUTtlOLD: THOMAS E. UHL, President 8243 Jericho Turnpike, Suite 010 1. X, ..ELO.~/EIL.B.[LL.B. IJ.U,.O..I.N.G,..C,.9.[~IQB..A!~.QN, residing at ~9.o..d.b.¥.[Y.:...t,~W...¥.gFk..._ ~.!Zg.l .... (insert name of petitioner) Suffolk County, New York, the uudersigned, am the owner uf certain real property situated at ttamlet of Southold .............................................................. and more particularly bounded and described as follows: See Schedule A annexed hereto more particularly describiug real property located on the north side of the Main Road (NYS Route 25) and east side of Ackerly Pond Road designated on the Suffolk County Tax Map as 1000-69-03-0~0.00~ consisting of 27.15 acres. 2. I do hereby petition tire To~vn Board of tire Town of Southold to change, ~nodify and amend the Building Zone Ordinance or the Town of $outhold, Suffolk County, New York, including tim Building Zone I~Iaps heretofore made a part thereof, as follows: To change the existingzone from AC (80,000 sq. ft.) to R-40 (40,000 sq. ft.). This increase in density is in accordance with the location of the parcel within the ttamlet of Southold, and further justified by location of this parcel contiguous to the Affordable Housing Project. 3. Such request is made for the [o[lowinc' reasons: The parcel adjoins the affordable housing project located immediately to the east and is' surrounded by homesltes which are approximately 1/2 acre in size; on tile south the parcel is bounded by NYS Route 25 and on the north it is witl~in 700 feet of thet. ong Island Railroad; designation of this site For 2 acre homesites is tantamount to confiscation of the parcel and therefore the applicant requests relief to complete a subdivision at a density of not more than 40,000 sq. ft. per lot. It is the applicants intention to utilize a subdivision map which will preserve open space areas and provide a unique residential setting. FLOWER ItILL BUILDING CORPORATION ...... ........ Thomas E Uhl,d~m,President STATE OF NE\V YORK, ) ) SS:- COUNTY OF SUFFOLK, ) THOMAS E. UHL .............................................. , BEI.,G DUL~ S\¥©R~, dcposeg and says that pr~si, de~t of. F]owe. r. Hill Bullding Corporation ' ~e ~$ the /pet Uoner m the w~thin action; h,~t he has read the forego n7 Petition and !-:nnv.'s the content5 thereof; that the same is true to his (her) own know]edge, except as to the matters therein stated to be alleged on {n/ormatlcn and belief, and that as to those matters he believes it {o be true. Sworn to before me thi .S-: d.,y dC .. ........... Notar.~; Public. SCHEDULE A FLOWER HILL BUILDING CORP. ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Main Road adjoining land of Faszezewski on the South, said point of beginning being 425 feet, more or less, from the northerly side of Ackerly Pond Lane, formerly Bowery Lane; from said point of beginning RUNNING THENCE along said land of Faszezewski the following two (2) courses and distances: 1) North 79 degrees 56 minutes 20 seconds West 95.90 feet; 2) North 82 degrees 01 minutes 40 seconds West 104.10 feet; THENCE continuing along land now or formerly of Baker the following three (3) courses and distances: 1) North 81 degrees O1 minutes 30 seconds West 473.01 feet; 2) North 78 degrees 37 minutes 50 seconds West 313.87 feet; 3) South 7 degrees 59 minutes 20 seconds West 544.41 feet to Ackerly Pond Lane; RUNNING THENCE along said Ackerly Pond Lane the following four (4) courses and distances: 1) North 77 degrees 40 minutes 50 seconds West 59.09 feet; 2) North 61 degrees 16 minutes 50 seconds West 162.61 feet; 3) North 38 degrees 44 minutes O0 seconds West 693.13 feet; 4) North 39 degrees 26 mintues 20 seconds West 380.19 feet to land now or formerly of Diller; RUNNING THENCE along said land of Diller the following two (2) courses and distances: 1) South 88 degrees 07 minutes 50 seconds East 401.34 feet; 2) North 16 degrees 21 minutes 50 seconds East 366.54 feet to land now or formerly of Akscin; RUNNING THENCE along said land the following three (3) courses and distances: 1) South 75 degrees 43 minutes 10 seconds East 895.92 feet; 2) South 12 degrees 50 minutes 10 seconds West 28 feet; 3) South 81 degrees 12 mintues 20 East 481.56 feet to land of Burnett; RUNNING THENCE along said land and others South 12 degrees 40 minutes 40 seconds West 276.44 feet; RUNNING THENCE along land of Zanganas South 81 degrees 16 minutes 50 seconds East 200.00 feet to the westerly line of Main Road; RUNNING THENCE along said line South 11 degrees 41 minutes 20 seconds West 275.20 feet to the point or place of BEGINNING. READ THIS DOCUM/~NT CAREFULLY. YOU PL~Y CONSULT YOUR ATTORNEY BEFORE COMPLETING. DISCLOSURE AFFIDAVIT STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Thomas F. Uhl, President I, FLOWER HILL BUILDING CORPORATION following relief: Change of Zone and being duly sworn, deposes and says: That I make and complete this affidavit of perjury and swear to the truth thereof. an applicant for the under the penalty That I understand that this affidavit is required by Section 809 of the GENERAJ~ MUNICIPAL LAW and that a knowing failure to provide true information is punishable as a misdemeanor. Being so warned I state: That R0 one ass0ciated with PetiCi0ner/Applicant', is a State Officer, is an officer or employee of -50u%~old Town, and That this person has an interest in the person, partnership, or association requesting the above stated relief. That for the purpose of this section an officer or employee shall be deemed to have an interest in the applicant where he, his spouse, or their brothers, sisters, parents, children, grand- children, or the spouse of any of them (a) is an applicant, (b) is an officer, director, partner or employee of the applicant, (c) legally or beneficially owns or controls stock of a corporate applicant or is a member of a pertnership or association applican: or (d) is a party to an agreement with such an applicant, express or implied, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or con- tingent upon the favorable approval of such application, petition or request. Thac ownership of less than five (5) per cent of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an intersst for the purposes of this section. Sworn to before me this 25th day of June , 1996 C;L't. Q0un~/ Other Local A~enc~e~ ~'(e~ ~1o Other Regional ,~enc~e~ ~Ye~ 5c~te .A ~encies ~'Fes Federal .~ ~enc:es R~?nmm~ndatinn rhange of Zone Approvnl Possible County Planning approval C. Zoning and Planning Information ~. (3oe~ proposed ~c:ion involve a plannln~ or Toning deci~ion~ rf 'fe~. indic]re decision reouired: m~new/re;)i~io, o~ ma~ter plan ~resource-management Dian ~ocher July 1996 July 1996 Comm. S. Wha. t is d'le maximum :ocential develooment of the site ii develooed as permitted by the preoenc zoning? 13 Jo~s S Wha: ?~ the maximum mocendal deveioomenc of the site if developed ~ permi:ed 26 units ~. rs ~e proposed Action c~n~is:enC with the recommended use~ in adD,ced local land use What ~re :he predominant land us~s) and :onin~ c~siiic~tions within t ~4 mile radius of proposed ac:ion~ Residential and buslness 8. I~ ~he proposed ~c:ion compatible with ]djointh~surtounding [and uses within ~. ~f :he praoosed lC:iOn ~ ~he subdivision o~ land. how many Io~ are proposed? 19. Will :he proposed ~c:Jon create · demand ~or ~ny cammuni~ provided sea, ices (recreation. educ=don. /ire protection)~ ~Yes a. If ye~, is e~isdn~ c~oaciW ~ufficient to handle projected demand7 ~Ye~ 12. WiI~ :he proOo~d at,on re~u(t in ~e ~eneradon of ~afflc signific~ncly above pre~enc [evei~ - a. If yes. ~ :he ~i~cJng road ne~or~ adequate [o handle ~e addlr~onai ~affic~ O. ~nformational ~etails ~ FLO~ER~LL ~UILD[NG CORPORATION 6/25,,'96 J. Wiil dis~uraed areas be reciaimed~ c. ',Viii uOper ~ubsoil be s[ockpded lot reclamado~/ ~Yes ~No ~Ye~ 6. if ~ingJe phase proiec= /,n£1c;pated period of cmns~ruc:ion -~4 ?, If muhi~pfla=e~: c. Approximate comolecion date o~ ~inai pna~e d. is ph~e ] ~unc~onaily de~end~n~ on suose~uenc phese~t 9_ ,Number of ~05 genera~ea: during con~cdon ' 20 10 Number of ~obs eJimm~ced by ~his ora[et: --- mont~s, (including demoli~;ion). Will g)roiec: require re)ocation o~; any ~roiec~ or fac:llue=.~ ~Yes :i[~(No if ye~. explain 12. t~ surface )iqui,'i waste disoosal involved? ~Yes ~_ Name oi water ~ody inca wnic~ zHluent will be discharged 1~. Will su~ac~ area o~ ~n existing water body incre~e or de~e~e E~piain 15 ~s pro~ec: or any ~o~zon of prole~: Ioca[e~ ~n · 1~ year flood plain~ ~Yes 16 Wiil the pr~iec: generate ~oiid wa~te~ ~Y~= Town of SouLhold CuLcnogue d. Will any wa~:es nat go into a sewage disoosai system or ~nca a sanira~ landfill? -~Yes" e_ ~f Yes, ~x~iain RecyclaOles 17. Will [he projec: involve the disoosaJ o~ ~oHd ~a~e~ ~Ye5 ~No 18. Will proiec: use herbici~e~ or ~estic~dezl ~Yes ~No [~ yes . mdic~ce e~sl ,. Is 0roiec: ~uestandally contiguous to a sit~ listed on ~he Re~is~r oi hla~ona[ Natural L~ndmarkz~ ~'fes ~m, 8. What is ~he death oi ~he water table? (in ~'fe~ ~Na Acc~rain~ ]dentff'l ~ch mecie~ ~e~ ~o Oe~cribe -~Ye~'-' (~No if ye~, ex, lain ~'t'es ~No i_ Name ,None ~. Size (In ~7. Ts the site see,ed by existing, pubilc utilities( ~¥e~ ~No al ff Yes. doe~ ~uiRc!ent caaaclt¥ exist co ~Ilow cannec:ion? ~Yes Sec:ion ]03 and ]O~{ ~Ye~ of the ECL_ ~nd 5 NYC~ ~1~ ~Ye~ 20. Mas the =ire ever been used ~or :he dls~asal oi ~olld or hazard=us wastes? ~'fe~ lB. Project Description 1. Phwical dimensions ind scale of proiec: (fill in dimensions ts ;taaracriatel ~. Total conti~,uous acreage o,~,ned ar controlled ~y Orojec: s=onsar ~7.1~ b. ?reSet: acreate to =e de,,elaoed: ~7.15 acre~ initizll,?: ~7.15 lnltially ~5 i. ~imen~i~n= (in feet} o~ larle~t 3rooo~ed struczure ~0+- height ~ '-idt~; -- 50 ft. PART 1--PROJECT INFORMATION Pregared by Project Sponsor a= part o~ the application tar aacrova~ and may be ~ubjec: co fu~her verification and public review. Provide any zd~it~ It is e.xoec:ed chat compies~n ai the iull E.~F wiil be dependent on in~armadon currendy ~vAiiab(e and ,.iii ~oc ~n,. West side Main Road (NYS Rou%e 25)/north side AckerJy Pond Road, Flower HiI1 BuiIdinq Corgora~ion 8243 Je~'icho TurnpiKe, Sui'ce 010 Woodbury Hamlet of Southoid ~161692-a545 NY' l 1797 To change the existing zone from AC (80,000 sq. ft.) So a new zone designated as R-40 (40,000 sq. ft.) in accordance with the 1oca%ion of the parcel within the Hamie~ of Sourhold, A. Site Oesc.'-ipdon Physical ~ettm~] oi over~ll proiec:, bo~h developed and undeveJo~ed zrea:, 9_ Present land u~e-- ~Urban C. lndu~trial ~Fore~c [~A ~,riculture 2. Total zcrea~e o~ project area: 27'. APPrOXImATE AC~AC2 AgriculcuraJ (IncJude~ orchards, Unve~etaced (Rock. eamh or ~oads. ~umldints and other :areal Giber (indicate Wpei ~_Commerc~al I'-G thor I-~ven I n~n I]Well drained 99 % o~' ute ~Poori¥ drZlneC~ ] - 'LG o~: ~te I~Re~idendal (~uburban) ~RuraJ (non-,to. Land C]a~iiic:ltzon 5y~teml 27 ~cre~. [See 1 NYC.=.?- 3701. 0 JUDITH T. TERRY TOWN C LEI~[ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOAP. D AT A REGULAR MEETING HELD ON OCTOI~ER 29, 1996: WHEREAS, Flower Hill Building Corporation has heretofore applied to the Southold Town Board for a change of zone on certain property located on the north side of Main Road (NYS Route 25) and east side of Ackerly Pond Lane, Southold, N.Y., SCTM#1000-69-03-010.001, consisting of 27.15 acres, from Agricultural-Conservation (A-C) District to Low-Density Residential R-40 District; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Flower Hill Building Corporation; and be it FURTHER RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board does hereby determine that the action proposed is unlisted and is likely to have a significant effect on the environment. This determination is issued in full consideration of the Criteria for Determination of Significance contained in 6NYCRR Part 617.7, the Long Environmental Assessment Form Parts [ and II, and the following specific reasons: a) Although the project is an Unlisted action, it will cause a significant increase in the allowed density of land use on the project site, potentially doubling the number of homes which could be constructed on the parcel. b) As the project sponsor has based the request for a change of zone on the presence of an Affordable Housing District (AHD) to the northeast, granting of the request would set a precedent for higher density development of other R-80 Residential and A-C lands which are adjacent to the AH District. Thus, the proposed change of zone is likely to precipitate requests for increased densities on other parcels, and could result in impacts throughout the Town. c) The proposal is inconsistent with the stated Land Use goals of the Town, which seek to preserve open space and prime agricultural lands through the use of the A-C zoning designation. As development at the proposed density is unlikely to allow preservation of significant open space, the action would permanently remove the prime soils found on the subject property from cultivation. d) The subject parcel contains a NYSDEC regulated wetland, which is part of the Jockey Creek watershed. The proposed action will increase development pressure and the potential impacts to this small wetland. e} The subiect parcel contains areas of steep slopes as well as two swales. The proposed action is likely to increase the potential for erosion, alteration of existing drainage, and other topographic impacts. f) The depth to groundwater beneath the site is approximately 3 to 31 feet. The northern portion of the site has more than adequate depth to groundwater to support residential development; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design. The higher density which would result from the proposed action would increase development pressure, and thus might result in groundwater impacts due to the limited depth to groundwater_ g) The proposed action would result in an increased loss of wildlife habitat, as the proposed density is unlikely to allow preservation of significant open space on site. h) The proposed action would result in visual changes and other aesthetic impacts on the rural character of the Town. i) The proximity of the site to Jockey Creek suggests that prehistoric resources might be present. Thus, the proposed action may have an impact on archaeological resources, if determined to be present. j) The proposed action will have an impact on demand for community services such as those provided by the school, police and fire districts, and traffic levels on adjacent roadways will also increase, particularly given the potential increase above current zoning. 2. The Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. The Town Clerk shall notify the applicant, Flower Hill Building Corporation, of this determination, and further request said applicant to prepare a Draft Environmental Impact Statement, all in accordance with said law, rules and code_ 4. In accordance with Chapter 44, Section 20, and Part 617 NYCRR, the applicant is required to defray the cost of reviewing the Draft Environmental Impact Statement, which includes a scoping session, therefore, the Town Board determines that deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of the acoping session. .;~ T .- Ter~r~~ Southold Town Clerk October 30. 1996 CHARLES VOORFI~,S .~/..ASSOCIATES, INC, RECEIVED 1996 Town October 28, 1996 Ms. Judith T. Ter~ Southold Town Clerk Town Hall, 53095 Main Road P_O. Box 1179 Southold, NY 11971 Re: Review of EAF Flower Hill Change of Zone SCTM No. 1000-069-03-010.001 Dear Ms. Terry: As per your request, we have completed a preliminary review of the above referenced project. Tasks and completed activities are identified as follows: Review Part I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. Prepare Part H LEAF The Part Il LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. Environmental and Planning Con~iderationz The parcel has been inspected and environmental references concerning the site and area have been consulted. The site consists of 27.15 acres of land in the hamlet of Southold in the Town of Southold. The subject site, which is located north of NYS Route 25 between Ackerly Pond Road and Jasmine Drive, has approx/mately 260 feet of frontage on NYS 25 and apprommately 1300 feet of frontage on Ackerly Pond Road. The area of the site is zoned as an Agricultural Conservation District (A-C), which would permit residential subdivision of the site with a minimum lot size of 80,000 s.f. The primary purpose of this zoning designation is to preserve the rural character of the Town and protect areas of prime agricultural soils. The proposed action involves rezoning of the site to R-40 Residential, which would allow subdiv/sion of the site with a minimum lot size of 40,000 s.f., with a total of 25 lots. The project site is located at the head of Jockey Creel a small tidal creek which joins Town Creek and enters into Southold Bay. There is a small meadow wetland in the John and Patricia McCarvill Long EAF Review southernmost corner of the site along Ackerly Pond Road, although there is no ~Dermanent water. This wetland is recog~z, ed as a regulated wetland on the NYS epa, tment of Environmental Conservation wetland map. The site slopes southward to the creek from a high of approJdmately 35 feet above mean sea level (msl) to a low of approa~mately 7 feet above msl. A second, more shallow swale ispresent in the northeast corner of the site. Based on field investigation andthe USGS 10 foot contour quadrangle, there are some limited areas of steep slopes on the southeastern portion of the site. These areas should be delineated through an on-site topographic survey, which should be submitted for review with the subdivision design. The soils on site are Haven Loam, slopes 0-2 percent (HaA); Plymouth Loamy Sand, slopes 10-15 percent (P1C); and Riverhead Loamy Sand, slopes 3-8 percent (RdB). The bulk of the site is Haven Loam; with Riverhead and Plymouth soils along Ackerly Pond Road and Plymouth soils in the northeastern swale. All of these soils are suitable for residential development, with good leaching potential, however, test holes will be required as part of the SCDHS review. Only the Riverhead soils are classified within groups 1-4 of the NYS Agricultural land Classification System, although the Haven soils with slightly higher slopes are classified within this group. As the site is gently sloping both the Riverhead and Haven soils should be considered prime agricultural soils which warrant preservation. The entire site has been cleared in the past for cultivation. There is an abandoned apple orchard on the northwestern portion of the site, and the remainder of the parcel is abandoned field with a mix of shrub, grassland and wet meadow habitats. The most common species are apple, grasses, rose, poison ivy, raspberry and other shrubs and vines. There is a wooded edge habitat with red maple, mulberry, cherry and other species along the eastern port,on of Ackerly Pond Road. The wet meadow habitat is also dominated by grasses, although horsetails, beak rnsh and other wetland species are present. The wetland was probably part of the agricultural field at one trine, and wetland species are now reinvadLng. A strip of mown grass is present along Ackerly Pond Road, separating the wetland trom the road. The elevation of groundwater beneath the site is approximately 4 feet above mean sea level (msl) according to the 1990 SCDHS map, and the topographic elevation ranges from approximately 6 feet above msl to 35feet above mean sea level. Thus, the depth to groundwater ranges from approJdmately 3 feet to 31 feet. The norther~ portion of the site has more than adequate depth to groundwater to support residential development; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design. The subject site is located within the Water Budget Area as mapped by the Suffolk County Department of Health Services (SCDHS). The Water Budget Area includes those locauons where there is sufficient groundwater to develop large public water supply wells. The subject site is also located in SCDHS Groundwater Management Zone IV, which covers the North Fork and portions of the South Fork. According to the North Fork Water Supply Plan (ERM-Northeast, Camp Dresser & McKee, L983), the subject site is in an area significantly impacted by both aldicarb (concentrations over 7 ug/l), and nitrate contamination (concentrations over 8 ug/1). CHARLES VOORHIS & ASSOCIATES, INC. PageZ ENVIRONMENTAL AND PLANNING CONSULTANTS John and Patricia McCarvill Long EAF P~view I and use in the immediate vicirfity of the site is a mix of open space, agricultural use and residential developmen~ with a few small scale commercialproperties and a school along the NYS 25 corridor. The ruzal character of the area should be considered a valuable resource, and the site is zoned as aa Agricultural Conservation (A-C) district in order to help preserve this character. The A-C zoning designation allows residential development on 80,000 s.f. lots. There are two A-C parcels adjacent to the subject parcel, a 23 acre A-C parcel to the northeast between the site and the LI Railroad tracks and a 7 acre A-C parcel to the southwest. Most of the residential development in the area is on lots of over 2 acres, although there are some smaller lots on both NYS 25 and Ackerly Pond Road. Agricultural land is present to the south of the homes fronting on Ackerly Pond Road, as well as to the east of the railroad. The land to north of the site has been developed as an Affordable Housing District (Al-ID), which allows development on lots of 40,000 s.f. The Al-ID disla-ict was created to encottrage and distribute affordable housing throughout the Town. The applicant claims that the presence of the Al-ID should justify development of the subject parcel at a higher density, however, as was noted in a memorandum from the planning Board on 9/24/96, this was not the intent in creation of the AHD. Development of the site at the proposed density would set a precedent for higher density development of other lands which are adjacent to an Al-ID. The northern portion of the site is higher than the surrounding area, and thus development will impact visual perspectives, altering the rural character of the vicinity. The project will also create a greater increase in demand for community services than would development under existing zoning, including services provided by the police, fire and school districts. Due to the location near Jockey Creek, it is gossible that the site was utilized by aborig;in, al people, although the property has een disturbed by cultivation. The potenual value of the parcel as a prehistoric site should be investigated as part of the ongoing environmental review process. In summary, the proposed change of zone is clearly in conflict with the Town's expressed land use goals, particularly the goal of protecting prime agricultural lands and the rural character of the Town. In addition, there are several significant sensitive environmental resources on the subject site that warrant preservation or which would restrict development, including small areas of steep slopes, a wetland, and the limited depth to groundwater. These resources are all located along the southern border of the site, and would not impact development of the northern portion of the site. These constraints could be addressed ff the project was designed to avoid construction on the southern portion of the site, however, this becomes more difficult at higher densities. Thus, the prknary issues are the environmental resources on site and the anticipated visual and land use conflicts which would result from the change of zoning. If the Board is in agreement with this review, the proposed action does appear to warrant the preparation of an environmental impact statement, therefore a positive declaration would be appropriate. The board also has the option to not entertain the change of zone, thereby negating the need for preparation of a Draft EIS. The SEQRA handbook indicates that in rezonings or other CHARLES VOORHIS & ASSOCIATES, INC. P~e3 ENVIRONMENTAL AND PLANNING CONSULTANTS John and PaWicla M¢Carvill Long KAF Review cases which require a decision by a legislative body, SEQRA need not be applied ff the body determines that the proposed action will not be entertained. This is based on section 617.5 c(37) of the most recent revision of 6 NYCRR Part 617. Thus, the Board may wish to reject the change of zone without applying the SEQRA process. ff you have any questions or wish any further input with regard to this matter, please do not hesitate to call. enc: Long EAF Parts I & 1I CHARLES VOORHIS & ASSOCIATES, INC. l:,~e 4. ENVIRONMENTAL AND PLANNING CONSULTANTS SEQR POSITIVE DECLARATION Notice of Determination of Significance Lead Agency: Address: Date: Town of Southold Planning Board Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 October 29 , 1996 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below wiI1 have a significant effect on the environment and that a Draft Environmental Impact Statement must be prepared. Title of Action: Flower Hill Building Corporation Change of Zone Appfication SCTM No. 1000-69-03-10.1 Southold, New York SEQR Status: Unlisted Action Project Description: The subject application involves a request for change of zoaLng designation from Agricultural Conservation District to R-40 Residential on a 27_15 acre parcel. Location: Subject property is located to the northwest of the intersection of NYS Route 25 (Main Road) and Ackerly Pond Road. Reasons Supporting This Determination: This determination is issued in full consideration of the Criteria for Determination of Significance contained tn 6 NYCRR Part 617.7, the Long Environmental Assessment Form Parts I and ri and the following specific reasons: 9. Although the project is aa Unlisted action, it will cause a ~ignificam increase in the allowed density, of land use on the project site~ potentially doubllng the number of homes wkich could be constructed on the parcel. As the project sponsor has based the request for a change of zone on the presence of an Affordable Housing District (AHD) to the northe, mt, granting of the request would set a precedent for hgher density development of other R-80 Residential and A-C lands which are adjacent to an AH District. Thus, the proposed change of zone is likely to precipitate requests for increased densities on other parcels, and could result in impacts throughout the Town. The proposal is inconsistent with the stated Laud Use goals of the Town, which seek to preserve open space and prime agricultural lands through the use of the A-C zo~ng designation. As development at the proposed density is unlil, ely to allow preservation of significant open space, the action would permanently remove the prime sob found on the subject property from cultivation The subject parcel contains a NYSDEC regulated wetland, which is part of the Jockey Creek watershed. The proposed action will increase development pressure and the potential impacts to this small wetland. The subject parcel contains areas of steep slopes as well as two swales. The proposed action is likely to increase the potential for erosion, alteration of e~.sting drainage, and other topographic impacts. The depth to grotmdwater beneath the site is appro~dmately 3 to 31 feet. The northern portion of the site has more than adequate depth to groundwater to support residential development; however, the depth to groundwater on the southern portion will present constraints for sanitary system location and design_ The higher density which would result fi.om the proposed action would increase development pressure, and thus might result in groundwater impacts due to the limited depth to groundwater. The proposed action would result in an hacreased loss of wildlife habitat, as the proposed density is ,nllkely to allow preservation of significant open space on site. The proposed action would result in visua~ changes and other aesthetic impacts on the rural character of the Town The pro/dmity of the site to Jockey Creek suggests that prehistoric resources might be present. Thus, the proposed action may have aa impact an archaeological resources, if determined to be present. The proposed action will have an impact on demand for community services such as those provided by the school, police and f'tre districts, and traffic leve~s on adjacent roadways ~ also increase, particularly given the potentia~ increase above current zoning. For Further Information: Contact Person: Ms. Judith Terry, Town Clerk Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971 (516) 765-1938 Copies of this Notice Sent to: Southold Town Board Southold Town Buildine Department SoutholdTown Planning Board Southold Town Board of Trustees Suffolk County Department of Health Services Suffolk County Department of Planning Suffolk County Department of Public Wor~ NYS Dept. of Environmental Conservation, )albany and Stony Brook Offices NYS Office of Parks, Recreation and Historic Preservation U.S. Dept. of Agriculture U.S. Army Corp of Engineers Southold Town Clerk's Bulletin Board Charles R. Cuddy, Esq., for Flower Hill Building Corporation Page 2 of 2 AREA FLOWER HILL BUILDING CORP. A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000- 69 - 05 -10. I Scale'. I" = 200' June 8, 1996 1000 - 69 ~ 03 - BUILDING ZONE DISTRICT"- AC SCHOOL D/STRICT, Cf 5 FIRE DISTRICT Cf28 ,S. LIC, NO. 49618 P,c. P.o. 1250 TRAVELER STREET SOUTHOLD~ N, Y. 11971