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Jem Realty - No Decision
MARIE ONGIONI ATTORNEY AT LAW FRONT STREET, GREENPORT, NEW YORK 11944 FAX (516) 4'77-8919 MAR 15 j89 Tow. March 7, 1989 Judith Terry, Town Clerk Town of Southold 53095 Main Road Southold, N. Y. 11971 Dear Ms. Terry: I represent Jem Realty Co., applicant for a change of zone application for a sixty acre parcel known on the Suffolk County Tax Map as 1000/35/1/24. The application is known as Petition No. 251. On behalf of my client, I hereby request that the Petition No. 251 for a zone change be and is hereby withdrawn. Please forward an acknowledgment of this request. MO/jb Thank you for your cooperation. V~ truly yours, / JUDITH T. TERRY TOWN CLF. RK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March 12, .1986 David E. Kapeil Kapell Real Estate, inc. 400 Front Street Greenport, New York '11944 Dear Dave- Pursuant to your' meeting with the Town Board yesterday relative to the Jem Realty change of zone petition, and their'decision that a new petition must be .filed, I am enclosing the necessary forms herewith in the event Mr. KontokOsta decides to pursue this_'matter. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516-477-9403 Ms. Judith Terry Town Clerk Town of Southold Main. Road Southold, N.Y. 11171 February 27, 1986 Dear Judy: I enclose, herewith, an ammended plan for the rezoning of property owned by Jem Realty Co. located in Greenport. Please be reminded that Jem Realty Co. has a petition for rezoning of this property pending before the Town Board which was filed on April 6, 1982 by the undersigned. Upon examination you will note that our new plan conforms exactly to the original plan filed with the petition. Please submit this ammended plan to the Town Board for their review and action at your early convenience. Sincerely, David E. Kapell / as agent cc: Mr. Emanuel Kontokosta MARIE ONGIONI A~TORNEY AT LAW 218 FRONT STREET. GREENPORT, NEW YORK 11944 15 Tow. March 7, 1989 Judith Terry, Town Clerk Town of Southold 53095 Main Road Southold, N. Y. 11971 Dear Ms. Terry: I represent Jem Realty Co., applicant for a change of zone application for a sixty acre parcel known on the Suffolk County Tax Map as 1000/35/1/24. The application is known as Petition No. 251. On behalf of my client, I hereby request that the Petition No. 251 for a zone change be and is hereby withdrawn. Please forward an acknowledgment of this request. Thank you for your cooperation. MO/jb Ve~y~ truly yours, MARIE ONGIONI J JLID[T[t T. TERRY TOV*N CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 March 12, 1986 David E. Kapell Kapell Real Estate, Inc. 400 Front Street Greenport, New York 11944 Dear Dave: Pursuant to your meeting with the Town Board yesterday relative to the Jem Realty change of zone petition, and their decision that a new petition must be filed, I am enclosing the necessary forms herewith in the event Mr. Kontokosta decides to pursue this matter. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures KAPELL REAL ESTATE. INC. 400 Front Street Greenport, New York 11944 516-477-9403 Ms. Judith Terry Town Clerk Town of Southold Main Road Southold, N.Y. 1117I February 27, 1986 Dear Judy: I encIose, herewith, an ammended plan for the rezoning of property owned by Jem Realty Co. located in Greenport. Please be reminded that Jem Realty Co. has a petition for rezoning of this property pending before the Town Board which was filed on April 6, 1982 by the undersigned. Upon examination you will note that our new plan conforms exactly to the original plan filed with the petition. Please submit this ammended plan to the Town Board for their review and action at your early convenience. Sincerely, David E. Kapell as agent cc: Mr. Emanuel Kontokosta KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. ~: ;~i;; ? gary rogers r.a. January 17, 1984 Mrs Judith Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of "Jem Realty" for a change in zone, Dear Mrs Terry: I am interested in obtaining a certified copy of the minutes of the public hearing concerning the above captioned matter. This meeting was held on or about Mar. 8, 1983 in the meeting room at the Town Hall. Kindly advise me as to any cost for these minutes and I will forward a check by return mail. Thank you for your cooperation in this matter. YOU ul , ~ EMK/ck cc: Argiriou & Finkel JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL SI ~, I It; I'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765q80i November 17, 1983 E. M. Kontokosta, P.E. Kontokosta Associates 43 West 54th Street New York, New York 10019 Dear Mr. Kontokosta: With reference to our telephone conversation of November ltlth in response to my letter of November 9th, I brought your request for the Town Board to re-petition the County Planning Department before the Town Board for decision at their November 15th meeting. It was the determination of the Town Board that if you wish the County Department of Planning to review and reconsider their determination with reference to the application for a change of zone by Jem Realty, you should take this up directly with them. The Town Board is satisfied with the determination they received under date of January fi, 1983. Very truly yours, Southold Town Clerk cc: Planning Board OFF AGENDA - 11/15/83 JUDITIt T TERRY TOWN CLERK RFGISrRAR OI VITALSI'AII~['I('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 14, 1983 To: From: Re: Southold Town Board Judith T. Terry, Town Clerk Jem Realty Attached hereto is correspondence re: request of E. M. Kontokosta for Suffolk County Department of Planning to reconsider their decision in the matter of his change of zone application. I referred this to Town Attorney Tasker on November 9th and responded to Mr. Kontokosta. He is not satisfied with the decision and asks that the Town Board review it and consider a request to the Suffolk County Department of Planning for a new recommendation. JUDITIt T. TERRY TOWN CLERK REGISTRAR O[ VITAL S'I Xl ISI'[('S OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ! 1971 TELEPHONE (516) 765-1801 November 9, 1983 E. M. Kontokosta, P.E. Kontokosta Associates 43 West 54th Street New York, New York 10019 Dear Mr. Kontokosta: With reference to your letter of October 17, 1983 to Planning Board Chairman Henry E. Raynor, requesting his Board to petition the County Planning Board to reconsider its decision of January 6, 1983 on the Jem Realty Application and allow for local determination, I have been advised by Town Attorney Tasker that you should make this request to the Suffolk County Department of Planning yourself. The Southold Town Planning Board is merely the recommending agency to the Town Board in the matter of a change of zone application, as is the Suffolk County Department of Planning. Very truly yours, Judith T. Terry Southold Town Clerk cc: Planning Board RECEIVED NOV 91983 l'lWn Clerk e~out~ld HENRY E. P~AYNOR, h., Cha/rman JAMES WALL BENNETT ORLOWSK[, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, .ir. Southold, N.Y. 11971 TELEPHONE 765-1938 November 8, 1983 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Southold, New York 11971 Re: Jem Realty Change of Zone Dear Mrs. Terry: Enclosed please find correspondence from Mr. E.M. Kontokosta in which he requests that the Suffolk County Planning Commission be petitioned to reconsider their decision of January 6, 1983 and allow for local determin- ation. This is being referred to you as it is under the Town Board that such referrals are made. If you have any questions, please contact our office. cc: E.M. Kontokosta Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Long, Secretary KONTOKOSTA A$$OGIATE$ · ENGINEER$/AROHITEGT$ 43 we$~ 54~h ~tree~ / ne~ york oity~ new york ~00~9 / 2~2o582-~100 e.m. kontoko$1~ p.e. gary rogers r.a. October 17, 1983 Mr. Henry Raynor, Chairman Southold Planning Board Town Hall Southold, New York 11971 Re:Appl. of "Jem Realty"(#251) for a change of zone from "A" Agricultural & Residential to "M" Multi.Residence & "B" Light Business, Town of Southold (SD-82-13) Dear Mr. Raynor: On January 6, 1983 the County Planning Board disapproved the above re-zoning application of Jem Realty Co. It has come to my attention that the property to the east (Gus Schad/Brecknock Hall property) has filed a similar re-zoning application with a request for similar zoning uses and is being favorably considered by the County Planning Board for "Local Determination". I can only conclude that the criteria and ra- tionale used to evaluate the Jem Realty application has changed and thus allowing for "Local Determination" on the Schad/ Brecknock property. It is therefore respectfully requested that the County Planning Board to reconsider its on the Jem Realty application and allow for your Board petition decision of 1/6/83 local determination. Your s~.,tr u ly ,~ E .M. Kon tokosta/p, b. EMK/ck 64 Sound Read, April 22, 1983 Mr. Raymend C. Dean Superintendent, Highway Dept. Seuthold Town Main Read S~uthold0 N.Y. 11971 Greenport TOWN OF $OUTHOLD Dear Mr. Dean: The end of Sound Road at 64 Steps is desperately in need efa clean-up - especially now befor~ the vegetatien becemes thick. As we are located next to this Town beach, we knew how many people drive up to enjoy the sunsets. It is a special place. Unfortunately, some people continue to trash the area. The litter needs to be cleaned out from under the bushes as well as along the roadside. The longer it remains, the more it ~rompts others to drop their trash on the road and over the bluff. Thank you fer your attention to this matter. Yours sincerely, Mrs. Lois Brown Supervisor William R. Pell Note to Mr. Pell: IIf the Town does not have time nor equipment for maintaining this beach, then the only alternative is to close it to the public. This the town owes to the residents of the immediate neighborhood. As it is we live with the neise, but we sheuldn't have to tolerate the tra~!'~ too. Thank you. Also, Mr. Pe]l, please don't let Jem Realty p~t up condos behind us. With the large population frequenting the Sound Road beach, we can't bandte 18 acres of condos too. Give us a break: JUDITll T TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 7654801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: April 20, 1983 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION Petition of Jem Realty for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District on certain property located on the northerly side of North Road (Route 25), Greenport, Town of Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: Oavid DeRidder, DEC, Stony Brook CommissJonecWilliams, DEC, Albany Southold Town Building Department Town Clerk's Bulletin Board David Kapell for Jem Realty SoutholffTown Planning Board PUBLIC HEARING SOUTHOLD TOWN BOARD MARCH 8, 1983 8:00 P.M. IN THE MATTER OF THE PETITION OF JEM REALTY FOR A CHANGE OF ZONE FROM "A" RESIDENTIAL AND AGRICULTURAL DISTRICT TO "M" LIGHT MULTIPLE RESIDENCE DISTRICT AND "B" LIGHT BUSINESS DISTRICT ON CERTAIN PROPERTY LOCATED ON THE NORTHERLY SIDE OF NORTH ROAD (ROUTE 25), GREENPORT, TOWN OF SOUTHOLD, NEW YORK. Present: Absen't: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Francis J. Murphy Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Councilman Lawrence Murdock, Jr. Councilman Joseph L. Townsend, Jr. SUPERVISOR PELL: I'd like to call the hearing scheduled for March 8th at 8:00 P.M., 1983 of Jem Realty Company to order and have the legal notice read by Councilman Nickles. COUNCILMAN NICKLES: "Pursuant to Section 265 of the Town Law and requirements of the Code of the Town o£ Southold, Su£folk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York at 8:00 o'clock P.M. on the 8th day of March, 1983, on the proposal of Jem Realty Co. to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Business District all that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: PARCEL I "A" Residential and Agricultural District to "M" Light Multiple Residence District: Beginning at a point on the easterly line of the land now or formerly of Gus Schad, which point is the following courses and distances along the land now or formerly of Gus Schad from the northerly line of North Road, N.Y.S. Route 25: (1) North 30 degrees 16 minutes 30 seconds West, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds West through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minutes 20 seconds West along the land Page 2 - Public Heal _~g - Jem Realty now or formerly of James Gannon and of others 577.55 fee; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East, 104.06 feet; (2) North 61 minutes 40 seconds East, 107.18 feet; (3) North 56 minutes 20 seconds East, 85.83 feet; (4) North 64 degrees 30 seconds East, 201.05 feet; (5) North 46 degrees 05 degrees 40 degrees 58 24 minutes minutes 30 minutes 00 minutes 40 minutes 55 minutes 00 seconds East, seconds East, seconds East, seconds East, seconds East, minutes 05 seconds East, 141.80 feet; (6) North 56 degrees 50 153.99 feet; (7) North 48 degrees 32 90.45 feet; (8) North 68 degrees 32 133.38 feet; (9) North 77 degrees 57 209.67 feet; (10) North 74 degrees 32 114.79 feet to the land now or formerly of Gus Schad; thence southerly along the land now or formerly of Gus Schad, the following courses and distances: (1) South 21 degrees 34 minutes 40 seconds East, 190.93 feet; (2) South 21 degrees 05 minutes 30 seconds East, 350.62 feet to the point or place of beginning. PARCEL II - "A" Residential and Agricultural District to "B" Light Business District: Beginning at a point on the westerly line of the land now or formerly of Gus Schad, and the northerly line of the North Road, N.Y.S. Route 25, and running from said point of beginning North 30 degrees 16 minutes 30 seconds West along the land now or formerly of Gus Schad 570.75 feet; thence South 75 degrees 15 minutes 00 seconds West through the land of the party of the first part 969.2 feet to the land now or formerly of G. Egish; thence South 27 degrees 33 minutes 20 seconds East 195.1 feet; thence North 66 degrees 00 minutes 30 seconds East 389 feet; thence South 30 degrees 15 minutes 00 seconds East 439 feet; thence North 75 degrees 15 minutes 00 seconds E st 575.00 feet to the point or place of beginning. Any person desiring to be heard on the pro- posed amendment should appear at the time and place above so spec- ified. Dated: February 1, 1983. By Order of the Southold Town Board, Judith T. Terry, Town Clerk." I have proof of publication from Troy Gustavson that it was published in the Suffolk Times, and also from Pat Wood, Publisher of the Long Island Traveler, also from the Southold Town Clerk that it was posted on her Bulletin Board. I have a letter from the Suffolk County Department of Planning to the Town Clerk. "Dear Mrs. Terry: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on January 5, 1983 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. It is inconsistent with the Town of Southold Development Plan which designates this area for agricultural-single family residence development; 2. It constitutes the unwarranted concentration of multifamily develop- ment along the shorefront of the Long Island Sound; 3. There is no guarantee of public water supply and sewage treatment by the Greenport Utilities Department; 4. It would tend to establish a precedent for further multifamily development along shorefront lands within the Town of Southold; 5. It constitutes the unwarranted further perpetuation of business zoning along N.Y.S. Rte. 25; 6. It would tend to establish a precedent for further downzonings along N.Y.S. Rte. 25 adversely affecting the safety and traffic carrying capacity of said facility; and 7. There is ample available business and multifamily zoned land in the locale. Very truly Page 3 - Public Hea~_.~g - Jem Realty yours, Lee E. Koppelman~ Director of Planning." There is a letter from the Chairman of the Southeld Town Planning Board to the Town Board. "Gentlemen: The following action was taken by the Southold Town Planning Board~ Monday, November 29, 1982~ Resolved that the Southold Town Planning Board recommend to the Town Board approval for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District regarding the petition of Jem Realty on certain property located at Greenport subject to the 24 acres designated in the middle be covenanted and restricted to open space in perpetuity. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski." SUPERVISOR PELL: You've heard the reading of the public notice. At this time I would ask anybody who would like to speak in favor of the application to please step forward, use the mike and state your name. MR. EMANUEL KONTOKOSTA: Mr. Supervisor and Members of the Town Board. For the record my name is Emanuel Kontokosta and I am the principal of Jem Realty who filed a petition for the rezoning of the two sections of the 62 acre parcel located on the North Road, north of Porky's Restaurant. I am requesting that the 18½ acre waterfront portion of this parcel be rezoned "M" Multiple for the construction of 80 to 100 condominium units, and that the 8+ acres along the North Road.be rezoned light business for the construction of retail stores. By allowing the economic development of the prime areas of this parcel I will be in a position to covenant that 55%, or 34 acres of the 62 acre parcel, namely the acreage between the "M" zone and light business zone will be left as open space. This open space is in addition to the proposed 150 foot buffer zone along North Road and the open areas provided by the minimal lot area coverages stipulated in the zoning resolution for "M" zones and "B" zones. Thus the proposed project, when completed, will occupy less than 10% of the total 62 acres, thus providing as much open space as possible while building and developing for housing needs and for economic vitality. The requested zoning is consistent with the uses of the adjacent parcels in that the proposed business use for the 8 plus acre section is contiguous both on the east and the west with estab- lished light ~'B" zones, thus dictating a comparable permitted use. The adjacent parcel to the east, namely, Brecknock Hall also allows for "M" Multiple use and it is my understanding that the prospective buyers have held discussions with the appropriate agencies to transfer the "M" rights to areas along the waterfront. Thus the use of the 18½ acre section within this parcel as the "M" Multiple Zone will be consistent with the zoning to the east. Two very important factors in the development of a parcel of this size within the Town of Southold is the availability of a water supply and sewer systems. This parcel is unique and ideally suited for development due to the availability of public water immediately fronting on North Road and the readily available Greenport Sewer System connection within 1000 feet of this parcel. The development of this parcel as described here will improve the total tax base by better than one million dollars and will appreciably and favorably improve the economic picture for the Greenport School District, thus Page 4 - Public Heal Ag - Jem Realty allowing for a reduction of school taxes for all property owners within said Greenport School District. Experience indicates that the buyers for the proposed condominiums will be primarily affluent professionals and high level executives seeking vacation homes and will certainly not impose a further economic burden on the school system~ nor any of the Town's essential services. It is my opinion~ Mr. Supervisor and Members of the Town Board, to enjoy and maintain and bountiful natural environment for ecological, as well as recreational needs, one must pursue a policy of a compact built environment providing a low gross density of building over large open areas of land. I feel that the use of this parcel, as proposed, is a partnership between developer and the environmentalist working together to protect the natural environment while providing shelter and satisfying the economic needs of the community. Thank you. SUPERVISOR PELL: Thank you very much. Anybody else wish to comment in favor of this application? (No response.) Anybody wish to speak in opposition to? Mrs. Ruth Oliva. MRS. RUTH OLIVA, President, North Fork Environmental Council: As we have stated at the last application for a change of zone, we would not be in favor of any change of zone in Southold Town until the Master Plan is updated, and specifically there are a lot of unanswered questions here and I agree with Dr. Koppelman that we are not sure whether Mr. Monsell will be able to hook-up for water and sewage, Mr. Kontokosta does not have permission for that. With 18½ acres~ including 80 to 100 condominium units at less than one quarter acre zoning it is not in the development plan per se as now to put multiple housing. Is this the best use for this parcel of land? Is this type of housing needed in Southold Town? As far as the eight acres for business zoning, how will this affect the business properties in Greenport? If we are starting to move like they did in other areas to the outskirts to but our businesses, it creates a blight right in town and I think there's plenty of avail- able property for business in town and that should be utilized. So for all these reasons we would oppose it at this time. Thank you. SUPERVISOR PELL: Thank you. Anybody else wish to speak in opposition to? Mr. Frank Bear. MR. FRANK BEAR, Southold: I think that the Suffolk County Planning Commission and Dr. Koppelman have set forth all the very important reasons why this proposal should be denied. Also I think that at this time, with the Southold Town Plan being updated it's important that we wait until we find out whether or not this is the appropriate use for this area. Ruth Oliva has given other reasons which I agree with. I'd like to add to that that I think we should not be in a hurry to make any kind of change in our zoning at this time and in effect this is a change in zoning which can create problems along the entire area there because once you start something of this kind it tends to grow and be added to, so I would urge you to deny this application. SUPERVISOR PELL: Thank you. Anybody to the appplication? Any comments at wish to comment? Mr. Kontokosta. else wish to speak in opposition all on the application? Anybody Page 5 - Public Hea~ _~g - Jem Realty MR. KONTOKOSTA: If I may address myself to the two points. Number one, I think the question of quarter acre zoning was raised. I think Mrs. Oliva completely ignored the fact that there will be 34 acres that will be covenant as open area. If you would include that in with the 18½ acres you will see that it has tremendously improved the picture and I think would be better than half acre zoning. As far as the connection to water and sewer, I think that I've addressed myself to both, to Mr. Monsell on several occasions and he in turn has addressed himself to the Town Planning Board regarding the adequacy of the Greenport Water System fulfilling the need of this particular parcel and many of the other planned parcels that are being requested for an "M" zoning. SUPERVISOR PELL: Thank you. Any other comment on this application at all? (No response.) If not, I declare the hearing closed. dith T. Terry Southold Town Clerk JUDITII-T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 3, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ! 1971 TELEPHONE (5161765~t801 To Whom It May Concern: Attached hereto is Long Environmental Assessment Form filed by David E. Kapell as agent for Jem Realty in connecting with an applica- tion for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District on certain property located on the northerly side of North Road (Route 25), Greenport, Town of Southold, New York. -Judith T. Terry g Southold Town Clerk Posted on Town Clerk's Bulletin Board on March 3, 1983. RECEIVED TOWn Clerk Soufhold DAVID E. KAPELL 400 Front Street Greenport, New York 11944 516-477-9403 REAL ESTATE ENTERPRISES CONSULTING SERVICES Judith Terry, Town Clerk Town of Southold Main Road Southold, N.Y. 11971 March 2, 1983 Dear Judy: With respect to the application of my client, Jem Realty Co., for a change of zone for property on the North Road in Greenport, I enclose herewith the long form Environmental Assessment requested in your letter dated Feb. 17, 1983. st Regards, / David E. gapell as agent RECEIVED TOkeN OF $OUTHOLD Town CIe~k 5outhold EAF ENVIRONMENTAL ASSESSMENT ] Project Information NOTICE: This docu~t (~ des!qned to assist in determining whether t~e action proposed may have a significant effect on the e,v(r~,~nt. Please co~lete the entire Data Sheet. Answers to these questions w~ll be considered as part of the a~plication for approval and may be subject to further verification and public review. Provide any additional ~nformation you believe will be needed to comolete PARTS 2 and 3. It (s expected that co.Diction of the ~AF will be dependent On information currently available and will not involve new studies, research Dr investigation, If information requirina such additional work is unavai~ble, so indicate and specify each instance, NAfIE OF P~OJECT: NAME AND ADDRESS OF OWNER (If ~ifferent) Jem Realty Co. Jem R~alty Co. (Name) 43 W. 54 Street A~D~ESS AND N~IE OF APPLICANT: Dav£d ~. Kapell, am agent (Name) 400 ~ront St. (Street} Greenport, N.Y. 11944 {P.O.) (State) (Zip) (Stree~).Y.C., N.Y. 10019 (State} BUS~NESS PHONE: 516-477-9403 (Zip) DESCRIPTION OF PROJECT? (Briefly describe type of project or action) Change of zone from A-Agrio (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) SITE DESCRIPTION (Physical settin~ of overall project, both develoned and undevelooed areas) l, General character of the land: Generally uniform slope X Generally uneven and rollin~ or irregular 2. Present land use: Urban , Industrial ~-- , Commercial . , Suburban .... , Rural , Forest · , Agriculture , Other Vaca.9_!~ 3. Total acreage of oroject area: 62.~cres. - Meadow or Brushland Forested ~oricu)tura) 'letlano (Freshwater or Tidal as nar Articles 24, ~5 or Presently After Completion Presently After Completion 62.3 acres ~2.3 acres I-later Surface Area acres ac-es acres acres Unvegetated (rock, earth or fill} acres .... acres Roads, buildinQ~ and other paved surfaces acres acres Other (indicate tyne) acres acres ................. 'n ~eet) 6. Approximate percentage of proposed oroject site with slooes: 0-10% %; 1~-15% %; 155 or greater %. 7. Places? Is project contigUOUYes sXto,Noor contain a buildino, or site listed on the National Register of Historic What is the depth to the water table? 25 feet X 9. Do hunting or fishing opportunities presently exist in the project area? Yes NO lO. Does project site containxany species of plant or animal life that is identified as threatened or ~n~angered - Yes ~o, according to - Identify each species ll. Are there any unique or~nusual land forms on the project site? (i.e. cliffs, dunes, other geological fommations - Yes ~ No. {Describe 12. Is the project sit, presently used by the community or neighborhood as an open space or recreation area - ,,,. Yes No. 13, Does the present site offer or include scenic views or vistas known to be important to the community? Yes X No 14, Streams within or contiguous to project area:N'~' a. Name of stream and name of river to which it is tributary 15. 16. B. Lakes, Ponds, Wetland areas within or contiguous to project area N.A. a. Name : b. Size (in acres) What is the dominant land use and zoning classification within a 1/4 mite radius of the project (e.g. single family residential, R-2) and the scale of development (e.g. 2 story). ~esidential and Business PROJECT DESCRIPTION 1. Physical dimensions and scale of project {fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 62 ~ acres. b. Project acreage developed: 26.Tacres initially; 26.7 acres ultimately. c. Project acreage to remain undeveloped 35.6a . d. Length of project, in miles: N.A. (if appropriate) e. If proje~t ~s an expansion of existing, indicate percent of expansion proposed: building square foot- age~-~' ; developed acreage f. Number of off-str~et oarking spaces existino ......... ; proposed . g. Maximum vehicular trios generated per hour No A. (upon completion of project) h. If residential: Number and type of housing units: ~o~, One Family Two Family Multiple Family Condominium Initial Ultimate If: Industrial Orientation F!eighborhood-City-Regional Estimated Employment Total height of tallest nroposed structure ...... feet, NoA. N°A° -2- 2. HO~ much natural material (i,e. rock, earth, etc,) will be removed fr~ the site - 0 tons 0 cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) ~ill be removed from site - 0 acres. 4, Will any mature fores~ (over 100 years old) or other locally-important vegetation be removed by th~s project? Yes No 5. Are there any plans for re-vegetation to replace that removed during construction? Yes X rio 6. If single phase project: Anticipated period of construction months, (including demolition). N. 7, If multi-phased oroject: a. Total number of phases anticipated No. b. Anticipated date of commencement phase I month year (including demolition) c, Approximate completion date final phase month ~__year. d. Is phase 1 financially dependent on subseouent phases? Yes NO 8. Will blasting occur during construction? Yes No g. N~nber of jobs generated: during construction --m; after project is complete lO. Number of jobs eliminated by this project ~. ll, Will project require relocation of any projects or facilities? Yes X No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? Yes Z No, b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes ~No. )4. Is project or any portion of project located in the lO0 year flood plain? Yes X No 15. a. Does project involve disposal of solid waste? Yes X No b. If yes, will an existing solid waste disnosal facility be used? Yes No c. If yes, give name: __: location d. !~ill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes 16, Will project use herbicides or pesticides? Yes No 17. Will project routinely produce odors (more than one hour per day)? Yes X No 18. Will project produce operating noise exceeding the local ambience noise levels? __Yes X No 19. Will project result in an increase in energy use? Yes X No. If yes, indicate type(s) No 20. 21. 22. If water suooly is from wells indicate pumoing capacity gals/minute. N,Ao Total anticipated water usage per day Qals/day. N,A, Zoning: a. What is dominant zoning classification of site? ~-Agricu!~urm).RP4iHmnri~ b. Current sPeciFic zon4ng classification of site $~me d. If no, indicate desired zonlnq Light Multiple Residence and Light Business 26. Approvals: a. Is any Federal permit required? Yes X No b. Does project involve State or Federal funding or financing? --- C. Local and Regional approvals: Approval Required (Yes, No} (Type} Yes NO X Submittal Approval (Date} (Date) City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, CoOnty Heal th Department Other local agencies Other regional agencies State Agencies Federal Agencies ~./6/87 ? INFORMATIONAL DETAILS Attach any additional information as 'may be needed to clarify your project. If there are or may be any adverse tn)~acts associated with the proposal, please discuss such impacts and the measures which can be taken to .,-.ttigate or avoid. , ~ TITLE: ~' agent REPRESENTING: Jam Realty Co DATE: 3/2/83 -4- EAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Magnitude General Infm?-nation {Read Carefully) - In completing toe form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large {column 2} does not mean that it is also necessarily significant. At:y large effect must be evaluated in PART 3 to determine significance. By identifying an ~?fect ~ ~olumn 2 simply asks that it be looked at further. The ~ provided are to assist the reviewer by showing types of effects and wherever possible the thresholP of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or )ewer thresholds may be more apgropriate for a Potential Large Im~act rating. - Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each ouestion. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS {Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Ye__~s if there will be an_.~y, effect. b. Maybe answers should be considered as Ye~s answers. c. If answering Yes to a ouestion then check the appropriate box {column 1 or 2) to indicate the potential size of the impact, if impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact~ben consider the impact as Potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A Ho response indicates, that such a reduction is not possible. 1. &. SMALL TQ POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO PROJECT SITE? WV Examples that Wou!o Anoly to Column 2 Any construction on slopes of 15% or greater, {15 foot rise her 1DO foot of lengt~), er where the general slopes in the project area exceed 10%. Construction on Land where the deoth to the water table is less than 3 feet. __ ronstruction of oaved oarkinq arem For 1,~ or more vehicles. C~nstruction on land where bedrock ~s exoosed or generally within 3 feet of existing ground surface. Construction rna+ will continue for more than 1 year or involve Construction of any new sanitary landfill. -5- POTE.NTIAL LARGE IMPACT CAN I!iPACT BE REDUCED BY PROJECT CHANGE Construction in a designated floodway. Other impacts: WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FARMS~ FOUND ON THE SITE? (i.e. cliff~, dunes, a~logical tlons, etc.) Specific land forms: Il!PACT ON WATER NO YES 3. WILL PROJECT AFFECT ANY WATER BODY DESIGNATED AS .......... ~ ~ PROTECTED? (Under Articles 15, 24, 25 of the Envir- onmental Conservation Law, E.C.L.) Exammles that Would Agply to Col~n 2 -- Dredging mOre than log cubic yards of material fr~ channel of a protected stream, Construction in a designated freshwater or tidal wetland. Other impacts: Examples that Would Apply to Column 2 A 10% increase or decrease in the surface area of any body of water or ~re than a lO acre increase or decrease. Construction of a body of water that exceeds 10 acres of NO YES 5. )~ILL PqOJECT AFFECT SURFACE OR GROUND'4ATER ~ALITY? ~ ~ Examples that Uould Apply to Column 2 Prnject will require a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project, Project requires water supply from wells with greater than 45 gallons per minute Dumping capacity. Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 2P,~O0 gallons per day. __Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. StlALL T~ '~OERATE IMPACT LARGE £A~( IrIPACT BE REDUCED DY PROJECT CHAI(GE 6. t~ILL PROJECT ALTER DRAINAGE FLgI~, PATTE~?(S OR SURFACE !~TER NO YES RUNOFF? ................................................... O0 P?oiect would imnede flood water flows. P~iect is likely to cause substantia) erosion. P~ject is incomgatib)e with existing drainage Ratterns. ~ther imnacts: : IMPACT ON AIR l~O YES 71 ,~ILL PROJECT AFFECT AIR QUALITY? ........................... ~ ~ Project will induce 1.000 or more vehicle trips in any given million BTU's per hour. IMPACT ON PLANTS AND A)tIM. ALS 8. WILL PROJECT AFFECT ANY THREATENED OR ENOANGERED SPECIES? Examples that Would A~)oly to Colun~ 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. Ren~oval of any Portion of a critical or sianifi:ant wild- - life habiGaC. Aonltcatinn of Pesticide or he~oicide over more than NO YES ©0 Example that Would Apply to Column -7- Examnles that Uould Apply to Column 2 An ;ncomDatibIe visual affect caused by the introMuctinn of new materials, colors and/or forms in contrast to the A Project easily visible, not easily screened, that is --- odvfously different from nthers around it. Project will result in the elipination or major screening of scenic views or vistas known to be important to the area. Other impacts: NQ YES SMALL TO MODERATE I"PACT DOTEI!TIAL LARGE CAN IMPACT BE REDUCED BY PROJECT CI!ANGE IMPACT ON HISTORIC RESOURCES ll. WILL PROJECT II,PACT ANY SITE OR STRUCTURE OF HISTORIC, NO YES PRE-)!ISTOOIC nR PALEQNTOGICRL D~POPTANCE? ................. ~J~'~ Examoles that Would Aooly to Column 2 Preiect occurinq wholly or martially within or contiguous to any facility or site listed on the National Reoister of historic places. Any impact to an archeological site or fossil bed located within the project site. Other impects: IMPACT ON OPEN SPACE & RECREATIO)I 12, ~ILL THE PROJECT AFFECT THE OUANTITY OR QUALITY OP EXISTIt(G ~ YES OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTUilITIES? ...... Examples that b/ould Amply to Column 2 The permanent foreclosure of a future recruetional oooortunity. -- A major reduction of an open space important to the con. unity, I~PACT ON TP~ANSPORTATION !'ILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION SYSTEMS? ............................................... Examples that Would Amnly to Column 2 Alteration of present patterns of movement of neople and/or goods, Project will result in severe traffic ~roblems. NO YES 14. IMPACT ON ENERGY dILL PROJECT AFFECT THE OI~JNITIES SOURCES QF FUEL OR ENERGY SUPPLY? ......................................... Examples that Would Apply to Column 2 NO YES '-©© Project causing qreater than 5% increase in any form Of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 stnqle or two family residences. Other impacts: IMPACT OH NOISE WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBP, ATIQN NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .... ~ Examples that i~ould Aooly to Column 2 Blasting within 1,500 feet of a hospital, school or other Sensitive facility. Odors will occur routinely {more than one hour per Project will nroduce ooerating noise exceedinn the local ambient noise levels for noise outside of structures. Project will remove natural barriers that would act as a noise screen. Other impacts: 1 S~J~LL TO I~ODERATE IMPACT POTENTIAL LARGE IHPACT CAN IMPACT 8E REDUCED BY PROJECT CHANGE IMPACT ON HEALTH & HAZARDS NO YES 16. !"ILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? ............. ~ E.xamples that Would Apply to Column 2 Project will cause a risk of explosion or release of hazardous substances {i.e. oil, pesticidos, chemicals, radiation, etc.) in the event of accident or uqset conditions, or there will he a chronic low level discharge or emission. Project that will result in the burial of "hazardous wastes" -- (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., includinn wastes that are solid, semi-solid, liquid or contain gases.) Storaoe facilities for one million or more qall~ns of liouified natural gas or other liouids. Other impacts: IMPACT 0~1 GROWTH AND CHARACTER OF COMMUNITY OR IIEIOHRORMOOD 17. WILL PROJECT AFFECT THE CHAPACTER nF THE EXISTING COf~t~JNITY7 ............................................... Example that Would Apply to Column 2 NO YES '©O The population of the City, Town or Village in which the project is located is likely to grow by more than 5% P~ The municipal budgets for capital expenditures or opera- ting services will increase by more than Sg per year as a result of this project. Will involve any mermament facility of a non-agricultural use in an agricultural district or remove nrime agricultural lands from cultivation. The project will replace or eliminate existing facilities. structures Or areas of historic importance to the con~nunity. Development will induce an influx of a particular age group with special needs. -- Project will set an important precedent for future prelects. Project will relocate 15 or n~)re emnloyees in one pt more businesses. Other impacts: S)~LL 1 POTENTIAL CAN IMPACT aE MOOERATE LARGE REDUCED BY IMPACT IIIPACT PROJECT CHANGE 18. NO YES IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? ....... Examples that Would Apply to Column 2 Either government or citizens of adjacent con~nunities have expressed oopositio~ or rejected the prefect or have not been contacted. Objections to the nroject from within the community, IIF ANY ACTION IN PART 2 IS IDENTIFIED AS A POTENTIAL LARGE I~PACT OR IF YOU CANNOT DETE~INE I THE MAGNITUOE OF IMPACT, PROCEED TO PART PORTIONS OF CAF CQHPLETEO FOR THIS PROJECT: DETERMINATION PART I PART II PART 3 ,. Upon review of the infor~ation recorded on this CAF (Parts l, 2 and 3) and considerinq both the mapnitude and Importance of each impact, it is reasonably determined that: A. The project will result in no major impacts and, therefore, is one which may not cause significant damaoe to the environment. AlthouQh the project could have a significant effect on the environment, there will not be a significant eCfect in this case because the mitigation measures described in PART 3 have been included as part of the proposed project. C. The project will result in one or more major adverse impacts PREPARE A NEGATIVE DECLARATION PREPARE A NEC~TIVE ~ECLARATION PREPARE POSITIVE DECLARATION PROCEED WITH EIS the environment.that cannot be reduced~ )and~-l~/~__ma cause siqnificant damage to -- O ~int or type name of responsib)e official · 'g at~f Preparer (if different from r)sponsible~fficer~ in Lead Agency EAF ENVIRONMENTAL ASSESS~iENT - PART III EVALUAI'IO~I OF THE IMPORTANCE OF IMPACTS INFORMATION Part 3 is prepared if one or more impact or effect is considered to be potentially large. The an~unt of writing necessary to answer Part 3 may be determined by answering the Question: In briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness of my decisions? INSTRUCTIONS Complete the following for each impact or effect identified in Column 2 of Part 2: ). Briefly describe the impact. 2. Describe {if apolicable) how the impact might be mitigated or reduced to a less than large imoact by a prop ject change. 3. Based on the information available, decide if it is reasonable to conclude that this impact is important to the minicipality (city, town or village) in which the project is located. To answer the question of importance, consider: The probability of the impact or effect occurring - The duration of the impact or effect Its irreversibility, including permanently lost resources or values - Whether the in~act or effect can be controlled - The regional consequence of the impact or effect Its potential divergence from local needs and goals - Whether known objections to the project apply to this impact or effect. DETERMINATION OF SI~IIFICANCE An action is considered to be significant if: nne (or more) impact is determined to both laroe and its (their) consequence, based on the review above, is important. PAPT III STATEMENTS (Continue on Attachments, as needed) NO 8 and state of New York, and Jame~ Gannen end of ot~ers . seconds East, 190.93 feet; (2) more particularly bounded 577.55 feet; thence through tim South 21 degrees 05 minutes 30 LEGAL NOT/CE and described asfollows: land o~ the party of the first seeondsEast, 350.62 feet to the NOTICE OF HEARING ON PARCEL I -- "A" part and being along the pointerplaceofbeginnin~,.,A,, PROPOSAL TO AMEND Residential and Agricultural "bluff line" the fOllowing PARCEL II -- ZONING ORDINANCE District to "M" Light M~ltilde courses and distancos: (!) Residential and Agricultural PursUant to Section 265 of Residence Distt~t- North 76 degrees 41 minutes 20 District to "B" L/ght Business the Town Law and require- BEGINNING at a point on the seconds East, 104.06 feet; (2l DistriCt: BEGINNING at a ments of the Cede of the Town cesterly line of the]and now or North 61 degrecs 40 minutes 40 poin.t no the wimterly line of the of Southold, Suffolk. County, formerly of Gus Schad, which seconds East, 207.18 feet; (3) land now or formerly of Gus New York~ a public hearing poinLis the following courses North 56 degre~ 5$minutes 20 Schad, and the northerly line WillbeheldbytheTownBoard and distances alongthe land ~ecends East, 85.83 feet; (4) of the North Road, of the Town of Southold at the now or formerly of Gus Scbed North 64 degre~ 24 minutes 30 Route 25, and running from Soutbeld Town Hall, Main from the northerly line of seconds East, 201.05 feet; (5) said point of beginning North Road, Senthold, New York at North Road, N.Y.S~ Route 25: North 46 degrees 05 minutes 30 50 degrees 15 minutes 30 8:00 o'clock P.M. on the 8th (1) North 30 degrees t6 seconds East, 141.80 feet; (6) seconds West along the land day of March, 1983, on the minutes30secendsWest, t,(]86 North56degr~esS0minutesO0 nowor formerly of C~s Schad propesal of Jem Realty Co. to feet; (2) North 76 degrees 30 seconds East, 153.99 feet; (7) 570.75 feet; thence South 75 amend the Building Zone minutes 30 seconds East, 376 Nurth48d~grees32minutos40 degrees 15minuten00seeends Ordinance (including the feet; (3) North 21 degrees 05 seconds East, 90.45 feet; (8) West through the land of the Building Zone Maps) of the minutes 30 seconds West, North 68 degrees 32 minutes 55 partyoft~ef~stpar~9.2fcet Town of Southold, Suffolk 691.9~fest, andrenningtbenoe secendsEast, 133.~feet; (9) , to the land now or formerly of County, New York, by from said point of beginning North ?/ degrees 57 minutes 00 G. Egish; thence South 27 'c~nging from "~' Sou~ 6~ degrces 26 minutes 40 seconds East, 209.67 feet; (10) dngrees 33 minutes 20 seconds Residential and Agricultural~ seconds West throngh the land - North 74 degrees 32 minutes 05 East 195.1 feet; thence North Districtto "M"Light Maltipla of the party of the first part secondsEust, 1t4.79 feet to the 66 degrees 90 minutes 30 Reiidenoe District and "B" 1,360.29 feet to the land now or land now or formerlr~ of Gus seconds East 389 feet; thence Light ~ Business District all formerly of James Gannen; $ched; thence senther y along So~th 30 degrees 15 minutes that certain plot, piece~ or thence North 27 degrees 35 the land now or formerly of seconds East 439 feet; thence parCel of land, s~*t~ate, (y/nE minutos20seeondsWeetalong Gus Schad/ the fallowing North 75 degeees lS minutes 00 and bein~ at Greenport, Town the land now or formerly of courses and distances: ( 1 ) seconds East 575.00 feet to the of Southokt,. C~mt$ of Suffolk - Any Pers°E~Jtstr*.e to bi.~' , heard '~n the, proposed amendment should a~ at the time and pJaee at. ye so specified, THE SOU~HOLD JUDITH T~ TERRY, tTF10-416~ HEIE~ K DE VOE Y 4707878, Suffolk Count~ LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and require- ments of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York at 8:00 o'clock P.M. on the 8th day of March, 1983, on the proposal of Jem Realty Co. to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by chang- ing from "A" Residential and Agricultural District to "M" Light Multiple Residence Dis- trict and "B" Light Business District all that certain plot, piece or parcel of land, situate, lying and being at. Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: PARCEL I- "A" Residential and Agricultural District to "M" Light Multiple Resi- dence District: BEGINNING at a point on the easterly line of the land now or formerly of Gus Schad, which point is the following courses and dis- tances along the land now or formerly of Gus Sohad from the northerly line of North Road, N.Y,S. Route 25: (1) North 30 degrees 16 minutes 30 seconds West, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds West, through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minute~-20 seconds West along the land now or formerly of Samos Gannon and of others 57 L55 feet; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East, 104.06 feet; (2) North 61 degrees 40 minutes 40 seconds East, 207.18 feet; (3) North 56 degrees 58 minutes 20 seconds East, 85.83 feet; (4) North 64 degrees 24 minutes 30 seconds East, 201.05 feet; (5) North 46 degrees 05 minutes 30 seconds East, 141.80 fe..et; (6) North 56 degrees 50 minutes 00 seconds East, 153.99 feet; (7) North 48 degrees 32 minutes 40 seconds East, 90.45 feet; (8) North 68 degrees 32 minutes 55 seconds East, 133.38 feet; (9) North 77 degrees 57 minutes 00 seconds East, 209.67 feet; (10) North 74 degrees 32 minutes 05 seconds East, 114.79 feet to the land now or formerly of Gus ~chad; thence southerly alongthe land now or formerly of Gls Schad, the following courses and distances: {1) Soutt 21 degrees 34 minutes 40 s:conds East, 190.93 feet; (2) South 21 degrees 05 minutes 30 seconds East, 350.g2 feet to the point or place of boginnins. PARCEL 11- "A" Residen- rial ~ud Agricultural District to "B" Light Business District: BEGINNING at a point on the wec'erly-line of the land now COUNTY OF SUFFOLK ss t STATE OF NEW YORK Patricia Woad, being du',y sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Seuthold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ....................... ./. ............... weeks successively, commencing on the /0 ~ . ........... ................ O Sworn to before me this /~ day of ................... ........ , No~ry Public or frwaeriy of GuS SChad, and the m.,rthe~ly line of the North Road. i N,Y.S, Route 25, and : running from said point of be~n,~h~ North 30 degrees 16 ~ 30 ~econde West ~; I~ t I~-d now or formerly of ~ .~lad 570.75 .feet; thence ~ 75 degrees 15 ~ ~l~ seconds West thmlll~ fl l~qbmd of the party of til~,~art 969.2 feet to the la/~J~r formerly of G. F, gi~t;-th~lL~e South 27 de. greos 33 minutes 20 seconds East 195.1 feet; thence North 66 degrees 00 minutes 30 seconds East 389 feet; thence South'30 degrees 15 minutes 00 seconds East 439 feet; thence North 75 degrees 15 minutes 00 seconds East 575.00 feet to the point or place of beginning. Any person desiring to be heard on the proposed amend- ment should appear at the time and place above so specified. Dated: February 1, 1983. ]BY ORDER OF THE SOUTHOLD TOWN BOARD ~UDITH T. TEREY, TOWN CLERK 1T-2/10/83(2) JUDITH T. TERRY TOV~N CLFRK RIGIS[R~\R O[ V[¥,\LS[ '~1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-180l February 1~, 1983 Mr. David E. Kapell 400 Front Street Greenport, New York 11944 Dear Dave: The Southold Town Board ag a regular meeting held on February 15~ 1983 rescinded their Resolution No. 5 adopted on May 18, 1982 a Negative Declaration, Notice of No Significant Effect on the Environment - in the matter of the application of Jem Realty for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District on certain property located on the northerly side of North Road (Route 25)~ Greenport~ Town of Southold, New York. In a second resolution on February 15th, the Board requests Jem Realty to prepare and submit a Long Environmental Assessment Form with respect to their petition as described above. This form is enclosed herewith. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers r.a. February 1, 1983 RECEI'VE~ Mrs Judith Terry, Town Clerk ~1~8, Office of the Town Clerk ~ ~ ~ Town Hall Southold, New York 11971 ~o~Cle~e~fi~ld Re: Jem Realty Re-zoning Dear Judith: As per your request, enclosed please find four (4) copies of the zoning plan indicating metes and bounds, and acreage for both "M" zone and the "B" zone parcels. Your attention is called to the slight error in the description as indicated on the attached copy. Regards: E. F.'Ko n l~o~k o s~a, EMK/ck Enclosure: BEGINNING at a point on now or formerly of Gus North Road (NYS Rte 25) N 30 deg.!6'30"W along ,Town C!er~ $ouH:old the oc~t~y line of the land Schad, and the northerly line of the running from said point of beginning the land now or formerly of Gus Schad 570.75 :feet, thence S 75 deg 15'00"W through the land of'the party of the first part 969.2 feet to the land now or ~ormerly of G. Eaish~ , thence S 27 deg 33' 20''~, 195.1 feet, thence N 66 deg.00'30"E 439.feet, thence N 75deg place of beginning 3S9 ~eet, thence S 30 deg.15'00"E ~5'00'E 575.00 ~ _ ~et to the point or STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 2nd day of February 19 83 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit:- Town Clerk Bulletin Board, Town Clerk Office, Hain Road Southold, New York 11971 Notice of Hearing - On proposal to amend zoning ordinance and zoning maps by Jem Realty Co. - "A" to "M" & "B" at Greenport. 8:00 P.I~., March 8, 1983~ Southold Town Hall. dith T. Ter~v- Southold Town Clerk Sworn to be before me this 2nd day o£ February 19 83 ~ Notary Public I~O[Af~¥ PgBLIO, State of STATE OF NEW YORK: SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 2nd day of February 19 83 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to w~t:- Town Clerk Bulletin Board, Town Clerk Office, ~ain Road, Southold, New York 11971 Notice of Hearing - On proposal to amend zoning ordinance and zoning maps by Jem Realty Co. "A" to "M" ~ "B" at Greenport. 8:00 P.M., March 8, 1983, Southold Town Hall. Judith T. Terry Southold Town Clerk Sworn to be before me this 2nd day off February , 1983 ¥ LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a ~ublic hearing will be held by the Town Board of the Town of {outhold at the Southold Town Hall, Main Road, Southold, New York fat 8:00 o'clock P~M. on the 8th day of March, 1983, on the proposal iof Jem Realty Co. to amend the Building Zone Ordinance (including iithe Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "~" Light ~lultiple Residence District and "B" Light Business District all that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: PARCEL I - "A" Residential and Agricultural District to ".~" Light ;.{ultiple Residence District: BEGINNING at a point on the easterly line of The land now or formerly of Gus Schad, which point is the following courses and distances along the land now or formerly of Gus Schad from the northerly line of North Road, N.Y.S. Route 25: (1) North 30 degrees 16 minutes 30 seconds WesT, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds ~Vest through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minutes 20 seconds West !along the land now or formerly of James Gannon and of others 577.5f feet; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East, 104.06 feet; (2) !lNorth~ 61 degrees 40 minutes 40 seconds East, 207/18 feet; (3) North il56 degrees 58 minutes 20 seconds East, 85.83 feet; (4) North 64 Page 2 - Jem ~alty Co. iidegrees 05 minutes 30 seconds East. [degrees 50 minutes O0 seconds East, I degrees 32 minutes 40 seconds East. i degrees 32 minutes 55 seconds East, degrees 57 minutes 00 seconds East i!degrees 32 minutes 05 seconds East 141.80 feet; 153.99 feet; 90.45 feet; (6) North 56 (7) North 48 (8) North 68 133.38 feet; (9) North 77 209.67 feet; (10) North 74 114.79 feet to the land now or and distances: (1) 190.93 feet; (2) 350.62 feet to the iiformerly of Gus Schad; thence southerly along the land now or !!formerly of Gus Schad, the following courses liSouth 21 degrees 34 minutes 40 seconds East, i South 21 degrees 05 minutes 30 seconds East, point or place of beginning. PARCEL II - "A" Residential and Agricultural District to !L.~ht Business District: BEGINNING at a point on the ~astcr~y line icl the land now or formerly of Gus Schad, and the northerly line of the North Road, N.Y.S. Route 25, and running from said point of beginning North 30 degrees 16 minutes 30 seconds West along the lland now or formerly of Gus Schad 570.75 feet; thence South 75 degrees 15 minutes O0 seconds West through the land of the party of the first part 969.2 feet to the land now or formerly of G. Egish; thence South 27 degrees 33 minutes 20 seconds East 195.1 feet; thence North 66 degrees 00 minutes 30 seconds East 389 feet; thence South 30 degrees 15 minutes 00 seconds East 439 feet; thence North 75 degrees 15 minutes 00 seconds East 575.00 feet to the point or place of beginning. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: February 1, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK IPLEASE PUBLISH ONCE, FEBRUARY 10, 1983, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAE, SOUTHOLD, NEW YORK 11971. Copies to the following on February 2, 1983: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board David E. Kapell for Jem Realty Co. LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requ.rements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York at 8:00 o'clock P.M. on the 8th day of March, 1983, on the proposal of Jem Realty Co. to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Southold, Suffolk County, New York, by changing from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District all that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: PARCEL I "A" Residential and Agricultural District to Light [~ultiple Residence District: BEGINNING at a point on the easterly line of the land now or formerly of Gus Sc~ad, which point is the following courses and distances along the land now or formerly of Gus Schad from the northerly line of North Road, N.Y.S. Route 25: (1) North 30 degrees 16 minutes 30 seconds West, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds West through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minutes 20 seconds West along the land now or formerly of James Gannon and of others 577.55 feet; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East, 104.06 feet; (2) North 61 degrees 40 minutes 40 seconds East, 207/18 feet; (3) North 56 degrees 58 minutes 20 seconds East, 85.83 feet; (4) North 64 jdegrees 24 minutes 30 seconds East, 201.05 feet; (5) North 46 Page 2 - Jem .realty Co. de~rees 05 minutes degrees 50 minutes degrees 32 minutes degrees 32 minutes degrees 57 minutes de6rees 32 minutes 30 seconds East, 00 seconds East, 40 seconds East, 55 seconds Fast, 00 seconds East, 141.80 feet; (6) North 56 153.99 feet; (7) North 48 90.45 feet; (8) North 68 133.38 feet; (9) North 77 209.67 feet; (10) North 74 05 seconds East, 114.79 feet to the land now or formerly of Gus Schad; formerly South 21 South 21 degrees 34 minutes 40 seconds East, degrees 05 minutes 30 seconds East, point or place of beginning. thence southerly along the land now or of Gus Schad, the following courses and distances: (I) 190.92 feet; (2) 350.62 feet to the PARCEL II "A" Residential and Agricultural District to "B" Light Business District: BEGINNING at a point on the e~s~terl77 line of the land now or formerly of Gus Schad, and the northerly line of the North Road, N.Y.S. Route 25, and running from said point of beginning North 30 degrees 16 minutes 30 seconds West along the land now or formerly of Gus Schad 570.75 feet; thence South 75 degrees 15 minutes 00 seconds West through the land of the party of the first part 969.2 feet to the land now or formerly of G. Egish; thence South 27 degrees g3 minutes 20 seconds East 195.1 feet; thence North 66 degrees 00 minutes 30 seconds East 389 feet; thence South thence North the point or 30 degrees 15 minutes 00 75 degrees 15 minutes 00 place of beginning. Any should appear at DATED: February seconds East 439 feet; seconds East 575.00 feet to person desiring to be heard on the proposed amendment the time and place above so specified. 1, 1983. BY ORDER OF THE JUDITH T. TERRY, SOUTHOLD TOWN BOARD TOWN CLERK Copies to the following on February 2, 1923: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board D~wid F. ~'~l f~r ~T~m ~altv PLEASE PUBLISH ONCE, FEBRUARY 10, 1983, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. LEGAL NOTICE NOTICE OF HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE Pursuant to Section 265 of the Town Law and requirements of the Code, of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, Main Road, Southold, New York at 8:00 o'clock P.M. on the 8th day of March, 1983, on the proposal of Jem Realty Co. to amend the Building Zone Ordinance (including the Building Zone Maps) of the Town of Sout~old, Suffoi~: County, New York, by changing from "A" Residential and Agricultural District to "M" Light ~ultiple Residence District and "B" Light Business District all that certain plot, piece or parcel of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: PARCEL I - "A" Residential and Agricultural District to "M" Light Multiple Residence District: BEGINNING at a point on the easterly line of the land now or formerly of Gus $chad, which point is the following courses and distances along the land now or formerly of Gus Schad from the northerly line of North Road, N.Y.S. Route 25: (1) North 30 degrees 16 minutes 30 seconds West, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds ~Vest through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minutes 20 seconds West along the land now or formerly of James Gannon and of others 577.55 feet; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East, 104.06 feet; (2) North 61 degrees 40 minutes 40 seconds East, 207/18 feet; (3) North 56 degrees 58 minutes 20 seconds East, 85.83 feet; (4) North 64 ;idegrees 24 minutes 30 seconds East, 201.05 feet; (5) North 46 I Page 2 - Jem ~ealty Co. degrees 05 minutes 30 seconds East. degrees 50 minutes 00 seconds East degrees 32 minutes 40 seconds East degrees 32 minutes 55 seconds East degrees 57 minutes O0 seconds East degrees 32 minutes 05 seconds East formerly formerly South 21 South 21 point or place 141.80 feet; 153.99 feet; 90.45 feet; 133,38 feet; 209.67 feet; 114.79 feet degrees 34 minutes 40 seconds East, degrees 05 minutes 30 seconds East, of beginning. (6) North 56 (7) North 48 (8) North 68 (9) North 77 (10) North 74 to the land now or of Gus Schad; thence southerly along the land now or of Gus Schad, the fo]lowing courses and distances: (1) 190.93 feet; (2) 350.62 feet to the PARCEL II "A" Residential and Agricultural District to "B" Light Business District: BEGINNING at a point on the~astorqy line of the land now or formerly of Gus Schad, and the northerly line of the North Road, N.Y.S. Route 25, and running from said point of beginning North 30 degrees 16 minutes 30 seconds West along the land now or formerly of Gus Schad 570.75 feet; thence South 75 degrees 15 minutes 00 seconds West through the land of the party of the first part 969.2 feet to the land now or formerly of G. Egish; thence South 27 degrees 33 minutes 20 seconds East 195.1 feet; thence North 66 degrees 00 minutes 30 seconds East 389 feet; thence South 30 degrees 15 minutes O0 seconds East 439 feet; thence North 75 degrees 15 minutes 00 seconds East 575.00 feet to the point or place of beginning. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. DATED: February 1, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. PLEASE PUBLISH ONCE, FEBRUARY 10, 1983, OF PUBLICATION TO JUDITH T. TERRY, TOWN SOUTHOLD, NEW YORK 11971. AND FORWARD ONE AFFIDAVIT CLERK, TOWN HALL, MAIN ROAD, The Suffolk Times The Long Island Traveler-Watchman Town Board Members Town Clerk's Bulletin Board TERRY, TOWN CLERK Copies to the following on February 2, 1983: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 28, 1983 E. M. Kontokosta, P.E. Kontokosta Associates 43 West 54th Street New York, New York 10019 Dear Manny: Thank you for sending me the plan for Jem Realty rezoning. It delineates the "M" zone very nicely, but does not completely delineate the "B" zone with metes and bounds and acreage. Since this involves two separate parcels, I would like the plan to show the "B" zone as clearly as the "bi" zone. A hearing on your proposal is beinE scheduled for March 8th and I would like to have the plan prior to that date. Many thanks. Very truly yours, Judith T. Terry Southold Town Clerk KONTOKOSTA ASSOCIATES · ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers r.a. RECEIVED January 25, 1983 Mrs Judith Terry, Town Clerk Town Hall Southold, New York 11971 JAN 2 8 1983 Tewn Clerk $outhold Re: Jem Realty Re-zoning Dear Judith: Dave Kapell asked that I mail you a copy of the plan for the re-zoning of the 60 acre parcel behind Porky's Restaurant. Enclosed please find same. Y o g~'s/t/r~l y, ~ EMK/ck Enclosure BEGINNING at a point on tko line of the land now or formerly of Gus Schad, and the northerly line of the North Road (NYS Rte 25) running from said point of beginning N 30 deg.!6'30"W along the land now or formerly of Gus Schad 570.75 feet, thence S 75 ~eg 15'00"~ through the land of the party of the first part 969.2 feet to the formerly of G. Egish, thence S 27 deg 33' thence N 66 deg.00'30"E 389 feet, thence S 439.feet, thence N 75deg 15'00'E 575.00 feet place of beginning land now or 20"E, 195.1 feet, 30 deg.15'00"E to the point or JAN ~'own Cl~r~ Southold DAVID E. KAPELL 400 Front Street Greenport, New York 11944 516-477-9403 REAL ESTATE ENTERPRISES CONSULTING SERVICES January 25, 1983 Hrs. Judith T. Terry' Town Clerk To~nof Souchold Hain Road Southold, Ney York 11971 Dear Judy: With respect to the application of my client, JEM Realty Co. for & change of zone at property on Rte. 25, Greenport, I enclose herewith a legal description of that area vhich ~e request to be zoned B-Light Business District. I hope chi8 information will allow the Town Board to set this item for Public Hearing. Sincerely, as a~ent Enclosure ~own ~terlc Souttidcl DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER f, COHALAN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNING Ms. Judith T. Terry, Town Clerk Town of Southold Main Road Southold, N.Y. 11971 January 6, 1983 Re: Application of "Jem Realty Co." (#251) for a change of zone from "A" Agricultural & Residential to "M" Light Multiple Residence & "B" Light Business, Town of Southold (SD-82-13). Dear Ms. Terry: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on January 5, 1983 reviewed the above captioned application and after due study and deliberation Resolved to dis- approve it because of the following: 1. It is inconsistent with the Town of Southold Development Plan which designates this area for agricultural-single family residence develop- ment; 2. It constitutes the unwarranted concentration of multifamily development along the shorefront of the Long Island Sound; 3. There is no guarantee of public water supply and sewage treatment by the Greenport Utilities Department; 4. It would tend to establish a precedent for further multifamily develop- ment along shorefront lands within the Town of Southold; 5. It constitutes the unwarranted further perpetuation of business zoning along N.Y.S. Rte. 25; It would tend to establish a precedent for further downzonings along N.Y.S. Rte. 25 adversely affecting the safety and traffic carrying capacity of said facility; and VETERANS MEI~IORIAL HIGHWAY HAUPPAUGE, LI., NEW YORK 1 1788 Judith T. Terry - 2 - January 6, 1983 There is ample available business and multifamily zoned land in the locale. Very truly yours, Lee E. Koppelman Director of Planning Chief Planner GGN:jk OFFICE OF JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Pursuant to Sections Southold, L. 1., N. Y. 11971 1323 to 1332 of the Suffolk County TELEPHONE (516) 765-1801 Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Planning Commission: New zonin~ Ordinance Amendment of zoning ordinance X Amendment of zoning map (change of zone) Petition No. 251 - Jem Realty - "A" to "M"f and "A" to "B" Location of affected land: northerly side of Route 25, Greenport, New York. Suffolk County Tax Map No.: District 1000, Section 35, Block 1, Lot 24. within 500 feet of: X 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 or any stream or drainage channel owned by the county or for which the county has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay 'i~ Suffolk County or estuary of any of the foregoing bodies of water. or within one mile of : Nuclear power, plant. Airport COM34ENTS: Attached hereto is the recommendation of the Southold Town Planning Board to the Southold Town Board by resolution dated November 29, 1982. Date December 8, 1982 Judith T. Terry Southold Town Clerk RECEIVED_ a ' 98£ Town Clerk Southold HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 December 1, 1982 Southold Town Board Southold Town Hall Southold, New York 11971 Re: Jem Realty (Emanual Kontokosta) Change of Zone Gentlemen: The following action was taken by the Southold Town Planning Board, Monday, November 29, 1982. RESOLVED that the Southold Town Planning Board recommend to the Town Board approval for a chanqe of zone from "A" Residen- tial and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District regarding the petition of Jem Realty on certain property located at Greenport subject to the 24 acres designated in the middle be covenanted and restricted as open space in perpetuity. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski cc: David Kapell, agent Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan g. Long, Secretary Description of 18.50 acre parcel of land southerly of the "bluff line" in the northerly part of land shown on "Map of Paradise by the Sound at Greenport, Town of Southold, Suffolk County, New York. RI=CEIVED O',;i ! ~) i982 Town Cleric Soul'old BEGINNING at a point on the easterly line of the land now or formerly of Gus Schad, which point is the following courses and distances along the land now or formerly of Gus Schad from the northerly line of North Road (N.Y.S.) Rte. 25): (1) North 30 degrees 16 minutes 30 seconds West, 1,086 feet; (2) North 76 degrees 30 minutes 30 seconds East, 376 feet; (3) North 21 degrees 05 minutes 30 seconds West, 691.94 feet, and running thence from said point of beginning South 62 degrees 26 minutes 40 seconds West through the land of the party of the first part 1,360.29 feet to the land now or formerly of James Gannon; thence North 27 degrees 33 minutes 20 seconds West along the land now or formerly of James Gannon and of others 577.55 feet; thence through the land of the party of the first part and being along the "bluff line" the following courses and distances: (1) North 76 degrees 41 minutes 20 seconds East. 104.06 feet; (2) North 61 degrees 40 minutes 40 seconds East 207.18 feet; (3) North 56 degrees 58 minutes 20 seconds East 85.83 feet; (4) North 64 degrees 24 minutes 30 seconds East (5) North 46 degrees 05 minutes 30 seconds East (6) North 56 degrees 50 minutes O0 seconds East (7) North 48 degrees 32 minutes 40 seconds East (8) North 68 degrees 32 minutes 55 seconds East t9) North 77 degrees 57 minutes O0 seconds East 10) North 74 degrees 32 minutes 05 seconds East 201.05 feet; 141.80 feet; 153.88 feet; 90.45 feet; 133.38 feet; 209.67 feet; 114.79 feet to the land now or formerly of Gus Schad; thence southerly along the land now or formerly of Gus Schad, the following courses and distances: (1) South 21 degrees 34 minutes 40 seconds East, 190.93 feet; (2) South 21 degrees 05 minutes 30 seconds East, 350.62 feet to the point or place of beginning. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197I TELEPHONE (516) 765-1801 October 20, 1982 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry: Attached hereto are four revised proposed change of zone maps re: Jem Realty, and a legal description of same. Very truly yours, Judith T. Terry Southold Town Clerk Attachments RECEIVEDi OCT 1 9 I982 Town Clerk Southold DAVID E. KAPELL 143 Sixth Street Greenport, New York 11944 516-477-2093 ENTERPRISES CONSULTING SERVICES October 18, 1982 Mrs. Judith Terry Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Enclosed please find the following items relative to the zone change request of my client, Emanuel Kontokosta, for his property on the Sound in Greenport: 1. Legal description as requested by you. 2. Revised map as requested by the Planning Board. Sincerely~ /David E. Kapell, as agent DEK/a Enclosures JI:I)ITll r. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 September 3, 1982 Mr. David E. Kapell 443 Main Street Greenport, New York 11944 Dear Dave: Please supply me wSth a revised legal description to correspond to the amended Jem Realty Co. change of zone map which you submitted to me on September 3rd. Very truly yours, Judith T. Terry Southold Town Clerk cc: Planning Board JUI)ITII T TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 September 3, 1982 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Henry: Attached hereto are three (3) revised change of zone maps for Jem Realty Co., application no. 251, which were hand-delSvered to me this date by David Kapell. Very truly yours, Judith T. Terry Southold Town Clerk Attachments (3) HENRY E RAYNOR. Jr,, Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WilI±am F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765 - 1938 May 26, 1982' Mr. David E. Kapell 443 Main Street Greenport, New York 11944 Re: Kontokosta, Change of Zone Application Dear Mr. Kapell: The Southold Town Planning Board had an opportunity to inspect the above captioned property and discussed same at our meeting May 24, 1982. It was the concensus of the board that the applicant schedule an appointment to meet with the Planning Board to discuss this matter further. Please contact the Planning Board secretary for an appointment time. Thank you for your cooperation. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Town Clerk By Susan E. Long, Secretary JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: May 19, 1982 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency ~or the action described below, has determined that the project, 'which is unlisted will not have a significant effect on the environment. 'DESCRIPTION OF ACTION Application of Jem Realty for a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District on certain property located on the northerly side of North Road (Route 25), Greenport, Town of Southold New York. The project has been determined net to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Flacke, DEC, Albany Southold Town Building Department Town Clerk's Bulletin Board David E. Kapell, agent for Jem Realty gLD HENRY E. RAYNOR. Jr., Chairman FRgDI~RICY E CZXRDGN JAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y, 11971 TELEPHONE 765- 1988 May 14, 1982 Mr. David Kapell 443 Main Street Greenport, New York 11944 Re: Kontokosta, Chanqe of Zone Dear Mr. Kapell: At our regular meeting May 10, our Board reviewed the above captioned petition requesting a change of zone "A" Residential and Agricultural District to "M" Light Residence District and "B" Light Business District. Prior to our Board preparing an official report stating our recommendations, as instructed by the Town Clerk's Office, we will make a field inspection on this property. Yours very truly, HENRY Eo RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Town Clerk/ By Susan E. Long, Secretary JUDITH T. TERRY TOWN CLIRK RIGISTRAROI VFFALSI XlISII('S OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1971 TELEPHONE (516) 765-1801 April 22, 1982 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Raynor: Transmitted herewith is petition of Jem Realty requesting a change of zone from "A" Residential and Agricultural District to "M" Light Multiple Residence District and "B" Light Business District on certain property located at Greenport, Town of Southold, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommendations. Very truly yours, Judith T. Terry Southold Town Clerk Attachment OFFICE OF THE ]'OWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P,O. Box 728 Soulhold, New York 1197i April 21, Mr~ David DeRidder Environmental Analysis Unit. N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 S~ony Brook, New York 11794 982 Dear Mr. DeRidder: Enclosed is application of Jern Real~y for a chana-e from ":\" Residential and AgrJcultnral D~trict to "M" L~d~1 ~Ju!tJp]e Residence District ~lld "B" 1,iKht Business I) iatric~ ,,eruain property [oc~t:t~d on tile northerly side of North Ptmd 25), Greenport, Town of Southold, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate 1his aczion %o conform our ~nitia] determin~Zion in our ro]e as lead agency. ( ROUte May we have your views on this matter. Written comments en uhis projoct will be received at this office until May 1082 We shall interpret your lack of response to mean the~e is no objection by your agency. Very truly yours, Judith T. Terry Town ]'hl£ ] osure s Corpmlissioner Flacke Southold Town Buildiag Department TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of JEM REALTY CO. to the Town Board of the Town of $outhold. TO: ~[oWn Cied~ Soufhold NOTICE L. Town of Southold 12, Linwood S. Webb & Wfe. 2, Frank Toledo & Wfe. 13. Francis H. Bubb 3. Victor A. Brown & Wfe. 14. Gertrude Egish 4. Augustus Straussner & Wfe. 15. Daniel L, Fischer & Wfe. 5. S, Vassiliou & Wfe. 16. M. Harrower 5. ~(.N. Kase ~ Wfe. 17, Walter F. Sledjeski 7. Donald L. Currie & Ors. 18. Brecknock Associates c/o 8. O. Uhl 9. O. ghl, Jr. 19. Harry B. Sinu~a 10. Evlambia Laskos 20. Peter Brountzas 11. 3ohn C. Skrezec & Wfe. 21. 3arvis Verity & Wfe. 22. 3oseph D. Verity & Wfe. Salvatore Gaglio 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 chancre of zone for property shown on Dian by Kontokosta Associates attache(] to said petition. 2. That the property which is cribed as follows: ~qorth Road, Tax ,~iap as District 1000 thesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes- Greenpor~.N.Y. identified on the Suffolk County , Section 35, Block 1, Lot 24. 3. Thattheproperty whichistbesubiectofsuchPetitionislocatedinthefoUowingzoningdlstrict: A-Agricultural. 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: B-Light Business and bi-Light Multiple Residence. $. 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 Watchman, newspapers published in the Town of Southold and designated for the publication of such not(j~37-~t you or your repre/~ntative have the right to ap- Peti~ner J~m.~[:~ Co. ( bavzd E. Kapell, as agent Post Office Address: 443 Fiain S~reet Greenport, i'~ew York 11944 PROOF OF MAll. lNG OF NOTICE NAME ADDRESS STATE OF NEW YORK: COUNTY OF SUFFOLK: , residing at · being duly sworn, deposes and says that on the . day of __ ., 19 __, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur, rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to me this day of ~ 19.__ Notary Public TOWN OF SOUTHOLD SHORT ENVIRONMENTA'L ASSESSMENT FORM INSTRUCTIONS: (o) in ~rder to answer the.questlons Ln this short EAF it is assume that the preparer wi11 use currently available inFormer/on Concerning the pro3ect and the tLkely impacts of the act/on. It is not expected that additional stud±es, research or other investigations will be undertaken. <b) If any quest/on has been answered Yes the project may be sLgr. J.!~Zcmnt end a completed Env£ronmental Assessment Form is necessary. (c) Z£ all questions have been answered No it is likely that this proj:~c~ is hal significant. (dj Envirenlnental Assessment 1, Will project result in o large physicol change to fha project site or physically alte~ more than 10 acres oF land? ........................ --Yes, 2, Will there be a major change to any unique or unusual land form found on fha site? ....... Yes X No 3, \?ill pro3ect alter or have a large e{fecf on existing body of water? ..................... Yes X 4, Will pro3ect hove a pofentiGlly large impact grou~dwate'r quality? " Yes x:No 5, W/it pro3ecf s/gnfficant.ly effect drainage £1ow on adjacent sites? ........ .............. ,~, Yes_x No ~, Will pro3ect affect mny threatened or endmngered plant or animal species? ........ Yes x No 7, N'/ill pro3ect result in a major adverse eF£e~t - on air quality~ ................. Yes x No 8, W±ll pro3ect have a major eFFect on visual character Of the commun/ty or scenic views or vistas known to be important to the commun±fy? Yes X No ?, Wilt project adversely impact any site or structure o{ historic, prehistoric or paleontological importance or any site designated as o critical environmental area by a local agency? .............. ~..v~-.~...-,-~.... Yes X No 10. Will project have a ~ojor e{£ect on existing or {uture recreational opportunities? ......... Yes X No 11. Will project result ir, major traffic problems or cause a major et{eat to existing transportation systems? ....................... Yes x 12. Will project regularly cause objectionable od~rs, noise, glare, vibration, or electrical disturbance os a result of the project's operation? v= X 13. Will project hove any impact on public health ~ or se{oty? .................................... Yes X 1~. Will project affect the existing community by direc±ly causing o growth in permanent populotion of more than 5 percent over o one year period or have e major negative ef£ect on %he characier of the community or neighborhood? Yes X 15. Is there public controversy concerning the project? Yes X No REPRES Ei',[ T I NG_ Jem {Realty DATE M~rrh R,lq~?