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HomeMy WebLinkAboutLatham, C. TerryRECEIVED 1998 WICKHAM, WICKHAM 8, BRESSLER, P.C. W,LL,A~ W,C~HA~OuthO~d Town C~rk ERIC d. BRESSLER ABIGAIL A. WICKHAM LYNNE MI. GORDON ,.JANET G LA.SA HUBERT F-. SULLIVAN 10315 MAIN ROAD, P.O. BOX 14;::'4 MATTITUCK, LONG ISLAND NEW YORK, 1195,° 516-,098-8353 TELEFAX NO. 516-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW ROAD `SUITE III MELVILLE, NEW YORK ~1747 516-249-9480 TELEFAX NO. 516-249-9484 August 10, 1998 Ms. Betty Neville, Town Clerk Town of Southold Southold Town Hall =~0°= Main Road, .... Post Office Box 1179 Southold, New York 11971 Re- Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 ._ Dear Ms. Neville: Confirming our telephone conversation on Friday, we would like to hold the application briefly in abeyance pending our consideration of an amendment to the application. I have discussed this with the Town Attorney. I will contact you as soon as we have come to a decision. 'Abigail A. Wickham CC: Greg Yakaboski, Esq. Southold Town Planning Board Ed Forrestal, Building Dept. AAW-lc 30-shdtnclk ^.,o^,. ^. w,c~.^~ dAN ET G EASA HUBERT F. SULLIVAN LAW OFFICES WICKHAM, WICKHAM & BRE$SLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-;:'98-8353 TELEFAX NO. 516-298-8565 Sept. 1, 1998 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK ~1747 516-;:'49- 9,480 TELEFAX NO. 516-2.49-9484 Ms. Betty Neville, Town Clerk Town of Southold Southold Town Hall 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re' Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville- Please be advised, in furtherance of my last correspondence to you in this matter, that the applicant is amending Paragraph 2 of his rezoning petition to the following: Existing Zone- "R-80" - Residential Low Density Proposed Zone- "B" - General Business, with the simultaneous filing of a covenant restricting the property to only such uses as would be permitted in and regulated by- (a) Section 100-3IA(I) through (3), (B), and (C) of the Agricultural-Conservation Zone; and (b) Section 100-10iA(4) and of the General Business Zone. Please deem our petition and the accompanying documents amended accordingly. The purpose of this amendment is to limit the extent of the downzoning to purposes desired by the applicant which would not detract from the character of the area without opening use of the property to any use permitted in the B zone, while still maintaining the ability to use the property in accordance with R-80 permitted uses. It is believed that the proposed restrictions will minimize any adverse impact on the surrounding area. Very truly yours, cc: Greg Yakaboski, Esq. 30-shdtnclk RECEIVED August 10, 1998 Ms_ Betty Neville, Town Clerk Town of Southold Southold Town Hall 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM ~1000-69-4-1_2 and 1_4 Dear Ms. Neville: Confirming our telephone conversation on Friday, we would like to hold the application briefly in abeyance pending our consideration of an amendment to the application. I have discussed this with the Town Attorney. I will contact you as soon as we have come to a decision. Very .truly yours,. 'Abigail A_ Wickham CC: Greg Yakaboski, Esq. Southold Town Planning Board Ed Forrestal, Building Dept_ AAW:lc 30-shdtnclk WICKHAi'~, WICKHAiVi 8, BIRESSLER, P.e. Sept~ 1, 1998 Ms. Betty Neville, Town Clerk Town of Southold Southold Town Hall 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: Please be advised, in furtherance of my last correspondence to you in this matter, that the applicant amending Paragraph 2 of his rezoning petition to the following: Existing Zone: "R-80" Residential Low Density Proposed Zone: "B" - General Business, with the simultaneous filing of a covenant restricting the property to only such uses as would be permitted in and regulated by: (a) Section 100-3iA(i) through (3), (B), and (C) of the Agricultural-Conservation Zone; and (b) Section 100-10IA(4) and of the General Business Zone. Please deem our petition and the accompanying documents amended accordingly. The purpose of this amendment is to limit the extent of the downzoning to purposes desired by the applicant which would not detract from the character of the area without opening use of the property to any use permitted in the B zone, while still maintaining the ability to use the property in accordance with R-80 permitted uses. It is believed that the proposed restrictions will minimize any adverse impact on the surrounding area. Very truly yours, ~kbigail A. Wickham cc: Greg Yakaboski, Esq. 30-shdtnclk Town Board Main Road Town of Southold N.Y. JUL 2 '; 1998 11971 July ~3, 1998 Town Board Attached is a petition signed by 21 people residing in the town of Southold who oppose the zoning of residential property to business zone. The property is owned by C. Terry & Marion G. Lathams located on County Road 48 Peconic. The Lathams application list the reason for a change of zone Residential "R-80" to" LB" Limited business. That the applicant is unable to obtain a reasonable return on his investment. The Lathams purchased the properties June 1996 and were fully aware this property is zoned Residential" R-80". The property on the east side of Lathams zoned "LB'Limited business has been business since 1968. Property to the west is zoned "R-80" Residential. This request is for spot zoning and should be denied. Bernard Heinisch Box 204 Southold N.Y. 11907 WE THE UNDERSIGNED ARE OPPOSED TO DOWNZONING THE PROPERTIES LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 48 ( NORTH ROAD ) PECONIC.N.Y. (SCTM 1000-69-4-1,2 & 1000-69-4-1.4 ) FROM " R-80" RESIDENTIAL LOW DENSITY TO "LB" LIMITED BUSINESS. PROPERTY OWNED BY C.TERRY & MARION G. LATHAM. THE LATHAMS WERE AWARE AT THE TIME OF PURCHASE THE PROPERTY ~ AS ZONED RESIDENTIAL. AUG 1 0 1998 Mr. Edward Forrester Main Street Town Hall Southold N.Y. Code Enforcer 11971 August,6 1998 Dear Mr.Forrester Once again I request you to enforce the Town Zoning Code regarding the Latham,s property in Peconic on County Road 48.( using R 80 residential property for business use) Sound Shore Excavating Ce.is utilizing (LB) business property for storage of heavy earth moving equipment and displaying large signs with no permits in a business zone that does not allow such use.( Rte 48 and Ackerly Pond Road Southold. In my last meeting with you on the morning of July 27, you insisted that the Town of Southold has a policy that once a notice is given to anyone who is in violation of the zoning code makes an attempt to rectify the matter by filing for a zone change. The Town does nothing to enforce the code while the application is being processed The Town informs me there is no such policy. Please remember owning a home in a nice neighborhood is a part of what this country is about. The storage of heavy earth moving equipment and construction material drastically changes the characteristics of the neighborhood. Yours tr/u~y. / Bernard Heinisch CC:Town Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS I~I :k14 RIAGE OFFICER RECORDS bIANAGEMENT OFFICER FREEDOI~,I OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O Box 1179 Southold, New York 1.1971 Fax 15161 765-1823 Teleph~me 1'5161 765 1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: XXX New Zoning Ordinance Amendment of Zoning Code Amendment of Zoning Map (Change of Zone) Location of affected land: Petitinn nf C T~-rry I atham far a rhang~ nf 7nn~, fram Residential Low Density District (R-80) to Limited Business District (LB) on south side of County Road 411 Pe~nnic New Ynrk Suffolk County Tax Map No.: 10f111-69-a,.1.7. E- 1 a, WitEin 500 feet of: The boundary of any village or town The boundary of any existing or proposed county, state or federal park. XXX The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. XXX The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Attached is Southold Town Planning Board's recommendation Date: Elizabeth A. Nmdlle Southold Town Clerk RECEIVED LAW OFFICE5 WICt~HAM. WICKHAM 8{ BRESSLER, P.c. 10315 HAIN ROAD. P 0 SOX I424 HATTITUCF,, LONG ISLAND NEW YORK II952 JUN 1 2 1998 June 5, 1998 :."."So.l'f',oM Ms_ Betty Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose the following: (1) Three copies of the Petition (application); (2) Full Environmental Assessment form; (3) Transactional Disclosure form si~ned by all owners; (4) Notice Lo Adjacent Property Owners; (5) Consent executed by Marion G. Latham; (6) Six copies of map; (7) Applicant's check #829 in the sum of $1,000.00 representing the application fee. Please refer this matter to the Town Board. AAW:jm Enclosures 30/shdtnboa Very truly yours, ~ A. Wi~'kham PETITION NO. STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR RECEIVED JUN 1 2 1998 Southold Towrt Cle~ C. Terry Latham AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF SOUTHOLD. SUFFOLK COUNTY. NEW YORK. PETITION ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. 1. C. Terry Latham , residing at 37725 Main Rd., POB 776, Petitioner Orient, New York 11957 Suffolk County, New York, the undersigned, am the owner of certain real property situated at Peconic, New York and more particularly bounded and described as follows: South side North Road County Road /48, ?econic. New York; $CTM #[000-69-/4-1.2 and [.4. See attached Schedule A £or comp[eCe descript±on. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of 5outhold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Existing zoning use district: "R-80" - Residential iow density Proposed zoning use district: "LB" - Limited Business 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for low density residential use. 2. In addition, the property is bounded on the entire eastern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Suffolk County Department of Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) C. Terry Latham BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his {her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this /~-~L-day of May 1998 ABIGAIL A. WICKHAM Notary Public, State of New York No. 52-0-6428'/I Qualified in Suffolk County Nm Commissi~a Expires Sept. 30,19 7~7 SCHEDULE A Parcel i Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the south s~de of Middle Hoad, County Road 48, distant 1115.15 feet easterly from the intersection of the easterly side of Carroll Avenue with the southerly side of CR 48. From said point of beginning RUNNING THENCE along the southerly side of Middle Road CR 48 the following two courses and distances: (1) North 60 degrees 49 minutes 30 seconds East 139.78 feet to a monument; (2) Thence along the arc of a curve bearing to the left having a radius of 5789.58 feet a distance of 44.30 feet to a monument. RUNNING THENCE along land now or formerly of Hass South 23 degrees 53 minutes 30 seconds East 246.04 feet to other land of Latham; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to land now or formerly of Castelli; RUNNING THENCE along said land North 25 degrees 27 minutes 40 seconds West 245.34 feet to the southerly side of CR 48 to the point or place of BEGINNING. Subject to a 15 foot right of way along the westerly 15 feet of the premises and together with a right of way in common 15 feet wide along the westerly boundary of the premises. SCTM #1000-69-4-1,2 PARCEL 2 Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point the following two courses from the intersection of the East side of Carroll Avenue and South side of CR 48: (1) 1115.15 feet easterly along the southerly side of CR 48; (2) Thence South 25 degrees 27 minutes 40 seconds East 245.34 feet to the point or place of beginning; RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 261.74 feet to land of Long Isl.~nd Rail Road; RUAFNING THENCE North 58 degrees 30 minutes 30 seconds East 170.90 feet along the Long Island Rail Road; RUNNING THENCE North 23 degrees 53 minutes 30 seconds West 255.37 feet; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to the point or place of BEGINNING. Together with a right of way 30 feet in width from CR 48 and subject to a right of way 15 feet in width along the northwesterly 50 feet of the premises. 13-1atham TOWN BOARD, TOWN OF SOUTHOLD In [he Matter of the Petition of C. TERRY LATEAM and MARION G. LATHAM to the Town Board of the Town of Sou[hold_ TO: Mr. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 NOTICE TO ADJACENT PROPERTY OWNERS Mr. Helmut Hass, c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 YOU ARE HEREBY GIVEN NOTICE: ]. Thai [[ is '.he intention of the undersigned to petition the Town Board of the Town of Southold to request a ChanRe of Zone from R-80 to Limited Business (LB) That the property which is the subject of the Petition is located adjacent to your properW and is des- cribed a.s follows: South side County Road 48, SCTM #1000 - 69 - 4 - 1.2 and 1.4 3. That the property which is the subject of such Petition is located in :he following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Sou[hold Town C]erk's Office at Main Road, Southold, New York and you may then and there examine the s~me during regulaz office hours. 6. That before the relief sought may be g~mnted, a public hearing must be held on the m.a~er by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hear{n~ in the Suffolk T~mes or in the Long Island Traveler-Mac:ituck Watchman, nev~papers published in the Town of Sou[hold and designated for the publication of such notices; that you or your representaQve have the right to ap- pear and be heard at such hearing. Dated: June 4 1998 Peri[iDaC'- ~ Post Office Address: Post Office Box 1424 Mattituck, New York 11952 PROOF OF MAILING OF NOTICE NAME Frank J. ~k & Others Martin and J. Mangels Betty L. Constanl Robert A. Phyllis, Osprey Dominion Co. Suffolk County Mr. Helmut Hass, c/o Beverly Ha~s Ma. and Mrs. Gerald M. Gralton Ruth Enterprises Inc. Lola R. Gould Jay W. Guild Richard and Phyllis Nonearr~ Julia Sepenoski ADDRESS Post Off~ce Box 301 Peconic, New York 11958 186 Sleepy Hollow Road Greer~, New York 11740 34800 North Road Peconic, New York 11958 34570 Route 48 Peeonic, New York Post Office Box Peconic, New .1958 330 Center Dr Riverhead York 11901 Post Offi 522 New York 11935-0522 Box 274 New York 11958 Willow Point Road New York 11971 Manor Drive South Ft. Florida 33326 RR 3, 400 North Road Peconic New York 11958 Post Box 100 Cutcho York 11935 Box 120 Peconic, New ~rk 11958 STATE OF NEW YOI COUN'rY OF 5UFI · residing ar Aqt New York 11931 . being duly sworn, deposes and of .19 ~)8 , deponent mailed a t~e copy of the Notice side her. directed [o each of the abov-.-named persons a[ the addresse~ set opposke the rhar ~sses set opposite thc names of said persons are :he addresses of said ren£ assessment roll of the Town of Sou[hold; that said Notices were mailed ar [he ed Mattituck ; [ha[ said Notices were mailed [o each of sai~ (registered) mail. Peconic Bay yard, ~ on (he day )r~h on Se reverse ~spective name~; Pas[ Office ac (certit~ed) Sworn to me [his day of ,19 Notary Public TOWN BOARD TOWN OF $OUTHOLD In the Matter of the Petition of C. TERRY LATHAM and MARION G. LATHAM to the Town Board of the Town of Southold AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Joanne McGill, residing at Peconic Bay Boulevard, Aquebogue, New York 11931, being duly sworn, deposes and says that on the 9th day of June 1998, deponent mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the persons listed below 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Helmut Hass c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Sworn to before me this Jamaica Station, Room 511 Jamaica, New York 11400 WILLIAM WlC~haM ERIC O. BF~ESSLER ABIGAIL A. WICKHAM LYNNE M GORDON OANET GEASA HUBEf~T F. SULLIVAN RECEIVED LAW OFFICES WICKHAM. WICKHAM & BRESSLER. P.e. 10315 HAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND Southold Town C~rk Ms. Betty Neville/ Town Clerk Town of Southold 5309S Main Road, Post Office Box 1179 Southold, New York 11971 MELVILLE OFFICE 275 B~]OAD HOLLOW ROAD SUITE III MELVILLE. NEW YORK II747 June 10, 1998 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose four original Receipts for Certified Mail addressed to the adjacent property owners. Please contact me if you require anything further° AAW:jm Enclosures 30/shdtnboa Very truly yours, Abigail A. Wickham Z 286 588 577 US Poslal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nol use for Intemalio~al Mail (See revere) Long Island Rail Road Jamaica Station, Room 511 Jamazca, New York 11400 /o '~h.~Z 469 256 714 US Postal Service Receipt for Certified Mail No insurance Coverage Provided. Do not use for Inlemalional Mail (See reverse) I Frank J. K~ok & Others Post Office Box 301 Peconic, New York 11958 ~ Serum Seceip~ Sho~ng lo (~ Z 469 256 688 US Pos~ S~'vlce Receipt for Certified Mail No Insurance Coverage provided. Do not use for Inlernafio~aJ Mail (See reverse) Mmrt~.n & Louise J. [w.,aDRela 1186 $1ee~¥ Hollow Road CreenYaw~ New York 11740 ~'=' Z 469 256 693 US postal Sewice Receipt for Certified Mail No Insurance Coverage Provided Do not use for Intemaiional Mall (See reverse) sem~ H.T. Helmut Hass c/o Beverly Hass Jacobs S~w~ A F~mber Post Office Box 522 Cutchogue, New York 11935 ~,,.~. $ ,3~- Rasul~ied D~ive~' Fee 14-16-2 (2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically ~xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full E^F is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It p~'ovides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 'I [] Part 2 []Part 3 Upon review of the information ~ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: I'-J A. The project will not result in any large and important impact(s} and. therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] g. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' [] C. The project may result in one or more large and important impacts that ma,,, have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed £o assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider, as part of the application for approval and may be subject to further verification and public review. Provide any additioE information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specl each instance. NAME OF ACTION LOCATION OF ACTION (Incluee Slreet Address, MunlclpallW and County) NAME OP APPMCANTISPONSOR CITY/PO DESCRIPTION OF ACTION BUSINESS TELEPHONE STATE I 71p CODE Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed an~d~ndeveioped I Present land use: I-'lUrban ~],[ndustrial DZCommercial I-IForest PaAgriculture I-1Other 2. Total acreage of project area: e~")~ acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and ocher paved surfaces Other (Indicate type) 3. What is predominant soil type{s) on project s~te? a. Soil drainage: ~ell drained /Z)O % of site I-IPoorly drained % of site areas [~Residential (suburban) [~Rural (non-fan PRESENTLY AFTER COMPLETION acres acres acres acres acres acres acres acres acres acres ~/~ acres / 3/'/ acres ~ acres ,~t acres acres acres /-1Moderately well drained . % of site b, If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N Land Classification System? acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? I-lyes ~ a. What is depth to bedrock? /(/'/~- (in feet) 2 5 Approxzmate percentage of proposed proiect site with siopes: ~O:TO% /OO % [10-15% % []15% or greater 6. Is project substantially contiguous to, or cont~3./n a building, site. or district, listed on the State or the National Registers of Historic Places? I-lYes 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 8 What is the depth of the water table[' '~ ~' (in feet) 9. Is site Iocated over a primary, principal, or sole source aquifer? l-lYes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I~Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I~Yes ~ According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes, other geological formations) EYes I~ Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation' area? I-lYes ~ If yes, explain 14. Does the present site include scenic views known to be important to the commonity~ I~Yes (~ 15. Streams within or contiguous to project area: A.///~r a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name .~J /~ b. Size (In acres) 17. Is the site served by-~xisting public utilities? ~ [~No a) If Yes, does sufficient capacity exist to allow connection~ [~ I-INo b) If Yes, will improvements be necessary to allow connecbon? []Yes [~o 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-A^, Section 303 and 304? C~Yes 19. Is the site located in or substantially contiguous tc~ a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes 20. Has the site ever been used for the disposal of solid or hazardous wastes~' f-lyes B. Project Description 1. Physical dimensions and scale of project (fill in dimension~ as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 0 acres. b. Project acreage to be developed: ~ acres initially; ~ acres ultimately. c. Project acreage to remain undeveloped O acres. d. Length of prolect, in miles: ,/t//,o~ (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour I/~ (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet)of largest proposed structure j. Linear feet of frontage along a public thoroughfare project wdl occupy is1 /~,0 ft. 3 2. How much natural material (i.e., rock, earth, etc.) wild be removed from the site? 3. Will disturbed areas be reclaimed? [:]Yes I~No a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? i-lYes c- Will upper subsoil be stockpiled for reclamation? [3Yes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? O acres. S. Will any mature forest (over 100 years old) or other local[y-important vegetation be removed by this project? l-lYes ~No 6. If single phase project: Anticipated period of construction x~ months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? [~Yes [~No 8. Will blasting occur during construction? ~Yes I~No 9. Number of jobs generated: during construction -'R,/-/,~ ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require reloc.ation of any projects or facilities? .~.Yes I-INo If yes, explain 12. Is surface liquid w~'ste disposal involved? r-lYes J~-No a. If yes, indicate type of waste (sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved.;' i'-IYes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? I-]Yes ,,~o Explain 15. Is project or any portion of project located in a 100 year flood plain? I-lYes ,1~o 16. Will the project generate solid waste? ~lYes a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? F'lYes I-1No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? I-lYes f-INo e. df Yes, explain tons/cubic yards year, (including demolition). year. 17. Will the project involve the disposal of solid waste? -i-lYes ~]No a. If yes, what is the anticipated rate of disposal/ tons/month. b. I~ yes, what is the anticipated site life? years. 18. Will proiect use herbicides or pesticides? f-lyes J~No 19. Will project routinely produce odors (more than one hour per day)? I--lYes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? I-lYes 21. Will project result in an increase in energy use? I-lYes ~]No If yes . indicate type(s) 22. If water supply is from wells, indicate pumping capacity ~]'/~--- gallons/minute. 23. Total anticipated water usage per day ~,'~ r~'~,~r,/ gallons/day. 24. Does project involve Local, State or Federal funding? r-lYes If Yes. explain 25. Approvals Required: City, Town. Village Board ~Yes ~]No City, Town. Village Planning Board I-]Yes [~:No City, Town Zoning Board I-Wes City, County Health Department I~Yes [~o Other Local Agencies I~Yes ~No Other Regional Agencies [-1Yes ~tNo 5tare Agencies ['-] Y es Federal Agencies I-lYes ~No Type Submittal Date E. Verification I certify that the information provided above is true to the best of my knowledge. Signature,/ ~'~_ ~J-c~ ~-~_~A_:'.~ Title If Ihe action is in the Coastal Area, and you are a state agency, complete the Coaslal Assessment Form be/ore proceedh wilh Ibis assessment. 5 D. Informational Details Attach any additional information as may be needed to clarify your proiect. If there are or may be any adver~ impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision~ ~]Yes I-INo If Yes. indicate decision required: ~zoning amendment [-Izoning variance [~special use permit r~subdivision I~site plan [~new/revision of master plan i-lresource management plan I'-Iother 2. What is the zoning cJassification(s)of the site? '~ - ~'~ 3. What is the maximum potential development of the site if developed as permi~tted by the present zoning? 4 What is the proposed zoning of the site? Z'/3 ~/~,~ ;./'e~/ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Is the proposed action consistent with the recommended uses in adopted local land use plans? 7. What are the predominant land use(s) and zoning classifications within a % mile radius o~ proposed action? Is the ~roposed action compatible with adioinin~surroundmg land uses within a ¼ mile? I~ the proposed action is the subdivision o~ land. how many Io~ are proposed.~ a. What is the minimum lot size proposed;' 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lyes 11. Will the proposed action create a demand for any community provided services (recreation, education, polio fire protection)? I-lYes a. If yes, is existing capacity sufficient to handle proiected demand? F'lYes I-INo 12. Will the proposed action result in the generation of traffic significantly above present levels? ~Yes . a- If yes, is the existing road network adequate to handle the additional traffic? CiYes r-lNo. The Town of Southold's Code of Ethics prohibits conflicts of interest on the pa£t of town officers and employees. The purpose of this fo~m is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: LATHAM, TEKRY (Last name, first name, middle inltiak, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the obher person.s or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone ~ Approval of plat -- Exemption from plat or official map Other (If "Other," name the activity.) YES -- NO ~< If you answered "YES," complete the balance of this form and date and sign whore indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner Of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __.B) the legal er beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /~g-day of May 1998 Print name C. Terry Latham ~';~,~n~-,~,~ CONSENT Re: Zone Change for Latham SCTM #1000-069-04-001.002 SCTM #1000-069-04-001.004 I, MARION G. LATHAM, consent to the rezoning application made with respect to the above property by Terry Latham and agree that he may execute all necessary instruments and documents in connection therewith. Sworn to before me this /~7~da.y/of May 19_98. ~ ' ~fary Public ABIGAIL A. WICKHAM Notarf Publi(;. Stets of New York Ne. 52-4642B71 Qualified in Suffolk Coun~ ~ 13 -consent. C(~mmission Expires Sept. 30. 19 ~ NORTH ROAD hi E,0',,9'30' I~ ~"$ ~0'4g'30' W / // ELIZABETH A. NEVILLE, TOWN CLERK RECEIPT 6 cj (~ 7 ~ Town o[ Soulhold ~outhold, New York 11971 ~ CASH -~ ELIZABETH A- NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ,5161765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 20`, 1998 Lead Agency Coordinator Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and 6NYCRR part 617 of the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: C. Terry Latham Requested Action: Petition for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on certain property located on the south side of County Rod 0`8, Peconic, New York, SCTM ~ 1000-69-a,.1.2 R 1.0, SEQR Classification: Type I Contact Person: Elizabeth A. Neville, Town Clerk, Town of Southold The lead agency will determine the need for an environmental impact statement (ELIS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS I~Ltx.2qAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 Telephone (5161 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 2q, 1998 Lead Agency Coordinator Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and 6NYCRR part 617 of the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: C. Terry Latham Requested Action: Petition for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on certain property located on the south side of County Rod ~8, Peconic, New York, SCTM t 1000-69-q.1.2 E 1.a, SEQR Classification: Type I Contact Person: Elizabeth A. Neville, Town Clerk, Town of Southold The lead agency will determine the need for an environmental impact statement (ELIS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency, ELIZABETH A. NEVILLE TOWN C I.ERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. Neb York 11971 Fax /51f;~ 76.5 1923 Telephone ~516, 765-1800 OFFIC'E OF THE TOWN CLERK ToIArN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23. 1998: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of C. Terry Latham for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on the south side of County Road t[8, Peconic, New York. SCTM#1000-69-q.1.2 F~l.U,. Consisting of approximately 2+ acres. Elizabeth A. Neville Southold Town Clerk June 2q. 1998 ELIZABETIt A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main }load P.O. Box 1179 Southo/d, New York 11971 Fax ~516~ 765 1823 Telephone (5161 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of C. Terry Latham for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on the south side of County Road u,8, Peconic, New York. SCTM#1000-69-It.l.2 &l.u,. Consisting of approximately 2+ acres. Elizabeth A. Neville Southold Town Clerk June 2a,, 1998 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICE[{ RECORDS r~DMNrAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1516~ 765-1823 Tr:.lephor~e 1516} 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TIlE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTI"IOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23. 1998: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of C. Terry Latham for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on the south side of County Road 48, Peconic, New York. SCTM#1000-69-q.1.2 &l.~. Consisting of approximately 2+ acres. Elizabeth A. Neville Southold Town Clerk June 211. 1998 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAi:tRIAGE OFFICER RECORDS iX, L~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~5161765-1823 Telephone ,516~ 765-1_800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOI,D June 24. 1998 Lead Agency Coordinator Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act - 5EQR) of the Environmental Conservation Law and 6NYCRR part 617 of the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: C. Terry Latham Requested Action: Petition for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on certain property located on the south side of County Rod a,8, Peconic, New York, 5CTM # 1000-69-/I.1.2 & 1.a, SEQR Classification: Type I Contact Person: Elizabeth A. Neville, Town Clerk, Town of Southold The lead agency will determine the need for an environmental impact statement (ELIS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. page 2 Agency Position: The Southold Town Board wishes to assume status for this action. Please feel free to contact this office for further information. Very truly yours, ~N e~v i i'1 e Southold Town Clerk lead agency Attachments Copies of this request and all attachments to the following: Commissioner Cahlll, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services Abigail A. Wickham, Esq. for the applicants (without attachments) Town Clerk's Bulletin Board (without attachments) Suffolk County Water Authority RECEIVED WlCKHAiVl, WICKHAN1 ~ BRESSLER, JUN 1 2 199§ June 5, 1998 ,Sou~old ~w. ~er~ Ms. Betty Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box Southold, New York 11971 1179 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose the following: (1) Three copies of the Petition (application); (2) Full Environmental Assessment form; (3) Transactional Disclosure form signed by all owners; (4) Notice to Adjacent Property Owners; (5) Consent executed by Marion G_ Latham; (6) Six copies of map; (7) Applicant's check #829 in the sum of $1,000.00 representing the application fee. Please refer this matter to the Town Board. AAW: jm Enclosures 30/shdtnboa Very truly yours, ~ A. Wickham PETITION NO. RECEIVED JUN 1 2 1998 Southold Town Cle~ STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, C. Terry Latham AMENDMENT OF THE BUILDING NEW YORK. PETITION ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. l, C. Terry Latham , residing at Petitioner Suffolk County, New York, the undersigned, situated at Peconic, New York and described as follows: 37725 Mmin Rd., POB 776, Orient, New York 11957 am the owner of certain real property and more particularly bounded South side North Road County Road 48, Peconic, New York; SCTM #1000-69-4-1.2 and 1.4- See attached Schedule A for complete description. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Existing zoning use district: "R-80" - Residential low density Proposed zoning use district: "LB" - Limited Business 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for low density residential use. 2. In addition, the property is bounded on the entire eas£ern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Suffolk County Department of Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) C. Terry Latham BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this /i2-~A-day of May , 1998 ~'.,~/~" I~otb~y Public ABIGAil A. WICKHAM Notary Public. State of New York No. 52-4642871 Qualified in Suffolk County ~ C(~mmission Expires Sept. 30,19 ~.~7 SCHEDULE A Parcel I Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the south s~de of Middle Road, County Road 48, distant 1115.15 feet easterly from the intersection of the easterly side of Carroll Avenue with the southerly side of CR 48. From said point of beginning RLrNNING THENCE along the southerly side of Middle Road CR 48 the following two courses and distances: (1) North 60 degrees 49 minutes 30 seconds East 139.78 feet to a (2) Thence along the arc of a curve bearing to the left having a radius of 5789.58 feet a distance of 44.30 feet to a monument. RUNNING THENCE along land now or formerly of Hass South 23 degrees 53 minutes 30 seconds East 246.04 feet to other land of Latham; RUAFNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to land now or formerly of Castelli; RU/FNING THENCE along said land North 25 degrees 27 minutes 40 seconds West 245.34 feet to the southerly side of CR 48 to the point or place of BEGINNING. Subject to a 15 foot right of way along the westerly 15 feet of the premises and together with a right of way in common 15 feet wide along the westerly boundary of the premises. SCTM #1000-69-4-1.2 PARCEL 2 Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: EEGINNING at a point the following two courses from the intersection of the East side of Carroll Avenue and South side of CR 48: (1) 1115.15 feet easterly along the southerly side of CR 48; (2) Thence South 25 degrees 27 minutes 40 seconds East 245.34 feet to the point or place of beginning; RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 261.74 feet to land of Long Island Rail Road; RLrNNING THENCE North 58 degrees 30 minutes 30 seconds East 170.90 feet along the Long Island Rail Road; RUNNING THENCE North 23 degrees 53 minutes 30 seconds West 255.37 feet; RUNqgING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to the point or place of BEGINNING. Together with a right of way 30 feet in width from CR 48 and subject to a right of way 15 feet in width along the northwesterly 50 feet of the premises. SCTM #1000-69-4-1.4 13-1atham TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of C. TERRY LATRAM and MARION G. LATHAM to the Town Board of the Town of Southold. TO: Mr. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 NOTICE TO ADJACENT PROPERTY OWNERS Mr. Helmut Hass, c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Sou:hold request a Change of Zone from R-80 to Limited Business (LB) 2. That the property which is the subjec: of :he Petition is located adjacent to your property and is des- caqbed as follows: South side County Road 48, SCTM #1000 - 69 - 4 - 1.2 and 1.4 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) $. That within five days from the date hereof, a written Petition requesting the relief specified above will be flied in rhe Sou:hold 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 :he relief sought may be gtmnted, a public hearing must be held on the re. after by the Town Board; that a not/ce of such hearing must be published at least ten days' prior to the date of such hearing in the Suffolk lqrnes or in the Long Island Traveler-Mart/rock Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: June 4 , 1998 Post Office Address: Poat Office Box 1424 Mattituek, New York 11952 PROOF OF MAILING OF NOTICE NAME Frank J. )k & Others Martin and J. Mangels Betty L. Robert A. Phyllis, Osprey Dominion Co. Suffolk County Mr. Helmut Hass, c/o Beverly Hass Mr. and Mrs. Gerald M. Gralton Ruth Enterprises Inc. Lola R. Gould Jay W. Guild Richard and Phyllis Noncarr~ Julia Sepenoski ADDRESS ?DSt O££ice Box 301 Peconic, New York 11958 186 Sleepy Hollow Road Greenlawn, New York 11740 34800 North Road Peconlc, New York 11958 34570 Route 48 Peconic, New York 11 Post Office Box 27 Peconic, New Yor 11958 330 Center Dx Riverhead, York 11901 Post Offi Box 522 Cutcho New York 11935-0522 Box 274 New York 11958 Willow Point Road :hold~ New York 11971. Manor Drive South Ft. uderdale, Florida 33326 RR 3, 400 North Road Peconic New York 11958 Post Box 100 Cutcho York 11935 Box 120 Peconic, New ~rk 11958 STATE OF NEW COUNTY OF SUFI .. ss.: Gill . re~idlng at Peconic Bay vard, Aq: New York 11931 . being duly sworn, deposes and at on the__ day of .19 98 , deponent mailed a true copy of the Notice ' r~ ~rth on the rever~e side he f, directed to each of the abov-.-named persons ac rhe addresses set opposite thei specgive names; that th~ addresses set apposite the names of said persons are the addresses of said persons own on the cur- rent assessment roll of the Town of Southold; thac said Notices were mailed at thc United ; Post Office at Mattituck ; that said Notices were mailed £o each of said (cerTified) (registered) mail. day of .19 Notary Public TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of C. TERRY LATHAM and MARION G_ LATHAM to the Town Board of the Town of Southold AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Joanne McGill, residing at Peconic Bay Boulevard, Aquebogue, New York 11931, being duly sworn, deposes and says that on the 9th day of June 1998, deponent mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the persons listed below 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Helmut Hass c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Sworn to before me this Jamaica Station, Room 511 Jamaica, New York 11400 9th day of J~une 1998. ~ ~~ary'Public WILLIAM WICKHAM ERIC J B~ESSLER ABIGAIL A WIC~HAM LYNNE M. GOROON RECEIVED JUN 1998 LAW OFFICES WICKHAM. WICKHAM ~ BRESSLER, I03~5 MAIN ROAD, P.O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK Ii952 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE. NEW YORK II747 516-249-9480 TeLEFA× NO 516-249-9484 June 10, 1998 So.hold Town C~rk Ms. Betty Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: With re~ard to the above captioned change of zone application, I enclose four ori§inal Receipts for Certified Mail addressed to the adjacent property owners. Please contact me if you require anythin~ further_ Enclosures 30/shdtnboa Very truly yours, Abigail A. Wickham '~?i--~2 Z 286 58& 577 US Pos(al Sen, ice Receipt for Certified Mail No ~nsurance Coverage Provided. Da no{ use [or InlemalionaJ Mail (See reverse) Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 · L~Z 469 251= 714 US Poslal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use Ior Inlemafional Mail (See reverse) Frank J. Krok & Others Post Office Box 301 , Post Office, b~ale, & Z P Code Pecontc, New York 11958 ~---~ Z 469 256 688 US Poslal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nol use for InlemalJonal Mail (See reve..~e) Nmrtim & Louise J. ManRels 186 Sleepy Hollow Road .Green~aw~ New York 11740 c.*,,~ ~. I, :15' ~' Z 469 256 693 US Postal Service Receipt for Certified Mail No Insurance Covers~e Provided. DO nol use for Inlemai~ Mail (See reverse) s~ Nr. Helmut Hass cio Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 $ ,3z- 14-16-2 (2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technica[Iy ~xpert in environmental analysis. In addition, rnany who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3~ Part 2: Focuses on identifying the range of possible impacts that may occur from a proiect or action. It p~ovides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions ot EAF completed Ior this project: [] Part I [] Part 2 DPart 3 Upon review of the information ~'ecorded on this EAF {Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The proiect will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] 6. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form. Parts A through E Answers to these questions will be consider~ as part of the application for approval and may be subject to further verification and public review Provide any addition information you believe will be needed to complete Parts 2 and 3 It is expected that completion of the full EAF will be dependent on information currently available and will not invol, new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each instance. NAME OF ACTION LOCATION OF ACTION (Include Streel Add~ess, Munlclpallly and County) NAME OF APPLICANT/SPONSOR I BUSINEES TELEPHONE ADDRESS Please Complete Each Question--Indicate N.A_ if not applicable A. Site Description Physical setting of overall project, both developed and/~dndeveloped areas. 1. Present land use: I-IUrban I-I,[ndustrial [~Commercial ~]Residential (suburban) []Rural (non-farr [-1Forest I~Agriculture r-IOther 2. Total acreage of project area: ~-~-~ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) acres acres Water Surface Area acres acres / Unvegetated (Rock, earth or fill) acres / 3/,/ acres Roads, buildings and other paved surfaces ~ acres ~/~ acres Other (Indicate type) acres acres 3 What is predominant soil type(s) on project site~ a. Soil drainage: I]~i~ell drained /Z)~:~ % of site r-IModerately well drained % of site f-'iPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N Land Classification System? __ acres. (See I NYCRR 370). 4. Ate there bedrock outcroppings on proiect site? I'-)Yes a. What is depth .to bedrock? /(,/'/,~- (in feet) 5. Approximate percentage of proposed project site with slopes; [~'1~/* /O ~;~ % I-I10-15% _ ~)15% or greater % 6. Is project substantially contiguous to, or cont~.Ln a building, site, or district, listed on the State or the National Registers of Historic PIaces;' I~Yes 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks[' I~Yes 8. What is the depth of the water table? "~ ~- {in feet) 9. Is site located over a primary, principal, or sole source aquifer[' I-lYes 10. OD hunting, fishing or shell fishing opportunities presently exist in the project area[' I--lYes 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered[' I~Yes [~ ^ccording to Identify each species 12. ^re there any unique or unusual land forms on the project site? (i.e.. cliffs, dunes, other geological formations) I~Yes ~ Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation' I-lYes ~'~ If yes, explain 14 Does the present site include scenic views known to be important to the community[' f-lyes 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ~//,~ b. Size (In acres) 17. Is the site served by~xisting p_ublic utilities? ~ I~No a) If Yes, does sufficient capacity exist to allow connection? ~Y~ [~No b) If Yes, will improvements be necessary to allow connection[' ~-lYes 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304[' I--lYes 19. Is the site located in or substantially contiguous to a Critical Environmental ,*,rea designated pursuant to Article of the ECL, and 6 NYCRR 6177 I--lYes [ShOo 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-Wes B. Project Description 1. Physical dimensions and scale of project (fill in dimensionlf as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~) acres. b. Project acreage to be developed: ~ acres ~nitially; ~'2 acres ultimately. c. Project acreage to remain undeveloped O acres. d. Length of project, in miles: ,/t/'/,~-- (If appropriate} e, If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed ~' ~' g. Maximum vehicular trips generated per hour I//~ (upon completion of project)? h. If residentml: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i Dimensions (in feet) of largest proposed structure j. Linear feet of fro~ta§e along a public thoroughfare project will occupy is[' ,'/'4//~7 ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? DYes I~No I~N/A a. If yes, for what intend_- purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ~lYes I:]No c. Will upper subsoil be stockpiled for reclamation? I-lYes I-]No 4 How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? O acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? I~Yes 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? & Will blasting occur during construction? r-lyes l~No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 11 Will project require relocation of any projects or facilities? (number) tonsJcubic yards month month I~Yes months, [including demolition). year, (including demolition). year. ONo ; after project is complete ~.Yes fqNo If yes, explain I-1No 12. Is surface liquid waste disposal involved? DYes J~No a. If yes. indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? C]Yes [~t~No Type 14. Will surface area of an existing water body increase or decrease by proposal? I-lYes ,~No Explain 15 Is project or any portion of project located in a 100 year flood plain? I~Yes ~o 16. Will the project generate solid waste? ~]Yes ~]Ho a. If yes. what is the amount per month tons b. If yes, will an existing solid waste facility be used? I-lyes I-INo c_ If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []]Yes e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. Ii yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? I-lYes .DYes ~No tons/month. years. J~o 19. Will project routinely produce odors (more than one hour per day)Z I-lyes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? [:]Yes 21. will project result in an increase in energy use? [:]Yes ~]No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity /~1/~--. gallons/minute. 23. Total anticipated water usage per day ,,n~,~ r~'m,x,/ gallons/day. 24. Does project involve Local, State or Federal funding? DYes [~'No If Yes. explain 4 25. Approvals Required-' City, Town, Village Board ~]Yes r~No City, Town. Village Planning Board ~lYes City. Town Zoning Board ~lYes City, County Health Department r-lYes I~o Other Local Agencies [~Yes ~No Other Regional Agencies ~lyes State Agencies OYes Federal Agencies OYes ~No Type Submittal Dale E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant~S~oo_n~?' .Nam~ (~- /~/~.L~ ~J~ Date ~//~ / ? ~ Signature/c)- ~~ ~ Title If the action is in the Coastal Area, and you are a slate agency, complele (he Coastal Assessmenl Form before proceedi[ with ~his assessment_ 5 D. Informational Details Attach any additional information as may he needed to cJarify your project. If there are or may be any adver impacts associated with your proposaJ, please discuss such impacts and the measures which you propose to mitigate, avoid them. C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~]Yes I-INo If Yes, indicate decision required: ~zoning amendment f-lzoning variance F'lspecial use permit f-isubdivision Ulsite plan ' [~new/revision of master plan I-Iresource management plan I-Iother 2. What is the zoning classification(s)of the site? ,~- ~"O ~'e~/err/~--/' 3. What is the maximum potential development of the site if developed as permi.tted by the present zoning? 4. What is the proposed zoning of the site?;' ~-/~, ~/~,,~/~-/'e~ S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans~ [5~es ON 7. What are the predominant land use{s) and zoning classifications within a ¼ mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mime? E~es 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts;' I--lYes 11. Will the proposed action create a demand for any community provided services (recreation, education, polio fire protection)? OYes a. If yes, is existing capacity sufficient to handle projected demand? OYes I-INo 12. Will the proposed action result in the generation of tr~,ffic significantly above present levels? OYes · a. If yes, is the existing road network adequate to handle the additional traffic? OYes I-INo The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. LATHAM, TERRY (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) YES NO /~ Name of person employed by the Town of Southold Title or position of that person Describe the relationship betveen yourself (the applicant) and the tovn officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /~-day of May i998 Print name C. Terry Latham CONSENT Re; Zone Change for Latham SCTM #1000-069-04-001.002 SCTM #1000-069-04-001.004 I, MARION G. LATHAM, consent to the rezoning application made with respect to the above property by Terry Latham and agree that he may execute all necessary instruments and documents in connection therewith_ Sworn to before me this /_ ~da_yTof May 19_98. , / %qlary Publi~ ABIGAIL A. WICKHAM Notary Public. State of New York No. 52-4.642871 Qualified in Suffolk County ~r, 13 - consent Commission E~il)ires Sept. 30. 1.9.~ ,I PETITION NO. ,.~;'"~ STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR RECEIVED JUN 1 2 1998 Southold Town Cler~ C. Terry Latham AMENDMENT OF THE BUILDINC; ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I. C. Terry Latham residing at 37725 Main Rd., POB 776, Petitioner Orient, New York 11957 Suffolk Count-y, New York, the undersigned, am the owner of certain real property situated at Peconic, New York and and described as follows: South side North Road County Road 48, Peconic, New York; See attached Schedule A fo£ complete description. more particularly b~unded SCTM #1000-69-4-1.2 and 1.4. and amend the Building Zone Ordinance of the Town of Southold, New York. including the Building Zone Maps heretofore made a follows: Existing zoning use district: "E-80" - Residential low density Proposed zoning use district: "LB" - Limited Business I do hereby petition the Town Board of the Town of Southold to change, modify Suffolk County, part thereof, as 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for low density residential use. 2. In addition, the property is bounded on the entire eastern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Suffolk County Department of. Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. Si~lnature STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) c. Terry Latham BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this /~- day of' Hay , 1998 ABIGAIL. A. WI~HAM N~a~ Public. State of New Yo~ No. 62~2871 ~mmlssion E~ires Se~. 30.19 7~ SCHEDULE A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the south s~de of Middle Road, County Road 48, distant 1115.15 feet easterly from the intersection of the easterly side of Carroll Avenue with the southerly side of CR 48. From said point of beginning RUNNING THENCE along the southerly side of Middle Road CR 48 the following two courses and distances: (1) North 60 degrees 49 minutes 30 seconds East 139.78 feet to a monument; (2) Thence along the arc of a cul-~e bearing to the left having a radius of 5789.58 feet a distance of 44.30 feet to a monument. RUNNING degrees Latham; TEENCE along land now or formerly of Hass South 23 53 minutes 30 seconds East 246.04 feet to other land of RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to land now or formerly of Castelli; RUNNING THENCE along said land North 25 degrees 27 minutes 40 seconds West 245,34 feet to the southerly side of CR 48 to the point or place of BEGINNING. Subject to a 15 foot right of way along the westerly 15 feet of the premises and together with a right of way in common 15 feet wide along the westerly boundar7 of the premises. SCTM %1000-69-4-1.2 PARCEL 2 Ail that certain plot, piece or parcel of land, with th~ buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, hounded and described as follows: BEGINNING at a point the following two courses from the intersection of the East side of Carroll Avenue and South side of CR 48: (1) 1115.15 feet easterly along the southerly side of CR 48; (2) Thence South 25 degrees 27 minutes 40 seconds East 245.34 feet to the point or place of beginning; RUNNING TRENCE South 25 degrees 27 minutes 40 seconds East 261.74 feet to land of Long Island Rail Road; RUNNING THENCE North 58 degrees 30 minutes 30 seconds East 170.90 feet along the Long Island Rail Road; RUNNING THENCE North 23 degrees 53 minutes 30 seconds West 255.37 feet; RUNNING T~ENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to the point or place of BEGINNING. Together with a right of way 30 feet in width from CR 48 and subject to a right of way 15 feet in width along the northwesterly 50 feet of the premises. SCTM #1000~69-4-1_4 13-1atham TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition o[ C, TERRY LATHAM and MARION G. LATH/SM to the Town Board of the Town of Southold. TO: Mr. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 NOTICE TO ADJACENT PROPERTY OWNERS Mr. Helmut Hass, c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 YOU ARE HEREBY GIVEN NOTICE: 1. That it is thc intention of the undersigned to petition the Town Board of the Town of Southold ro request a Change of Zone from R-80 I:o Limited Business (LB) 2. Thor the property which is the subject of the Petition is located adjacent to your property and is des- c~bedas follows: South side Couuty Road 48, SCTM ~1000 - 69 - 4 - 1.2 and 1,4 That the property which is the subject of such Petition is located in the following zoning district: R-BO 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) S. 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 a: Main Road, Southold, New York and you may then and there examine the s~me during regular office hours. 6. That before the relief sought may be granted, a I~ublic hearing must be held on the m_ztter by the Town Board; that a notic~ of such hearing' must be published at least ten days prior to the date of such hear'lng in the Suffolk 'lqrnes or in the Long Island Tr~ve!er-Mardmck Watchman, newspapers published in the Town of Southold and designzted for the publication of such notices; that you or your tepresentmdve have the right to ap- pear and be heard at such hearing. Dated: June 4 , 1998 Post Office Address: Poet Office Box 1424 Mattttuck, New York 11952 PROOF OF MAILING OF NOTICE NAME Frank J. k & Others Martin and ;e J. Mangels Betty L. Robert A. Phyllis, Osprey Dominion Co. Suffolk County Mr. Helmut Hass, c/o B~verlyHass Mr. and Mrs. Gerald M. Gralton Ruth Enterprises Inc. Lola R. Gould Jay W. Guild Richard and Phyllis Noncarr Julia Sepenoski ADDRESS Post Office Box 301 Peconic, New York 11958 186 Sleepy Hollow Road Greenlawn, New York 11740 34800 North Road Peconic, New York 11958 34570 Route 48 Peconic, New York Post Office Box 27 Peconic, New .195B 330 Center Dr Riverhead York 11901 Post 522 Cutcho New York 11935-0522 Box 274 New York 11958 Willow Point Road :hold; New York 11971. Manor Drive South uderdale, Florida 33326 RR 3, i400 North Road Peconic New York 11955 Post Box 100 Cutchc ew York 11935 Box 120 Peconic, New ,rk 11958 STATE OF NEW YOI COUN'I-YOFSUFI SS.: New York 11931 of .19 98 , deponent mailed a ~ue copy of the Notice ~ side her directed to each of :he abov..-named persons at the addresset set opposite :her th,~ opposite the names of said persons are the addresses of said persons as rent assessment roll of the Town of $ourhold; fha: said Notices were mailed ar the Mattituck ; :hat said Nedces were mailed to each of said (regis£ered) mail. Peconic Bay · residinl at · being duly sworn, deposm and a: on the day the reverse narne~; own on :he cur- Post Office at (certified) 5wo'rn to me [his day of Notary Public TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of C. TERRY LATHAM and MARION G. LATHAM to the Town Board of the Town of Southold AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Joanne McGill, residing at Peconic Bay Boulevard, Aquebogue, New York 11931, being duly sworn, deposes and says that on the 9th day of June 1998, deponent mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the persons listed below 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Helmut Hass c/o Beverly Hass Jacobs Post Office Box 522 Cutcho~ue, New York 11935 Long Island Rail Road Sworn to before me this Jamaica Station, Room 511 Jamaica, New York 11400 WILLIAM WICKHAM ERIC J. BRESSIE~ ABIGAIL A WICKHAM LYNNE M. gORDON UANET gEASA HUBEBT F SULLIVAN RECEIVED LAW OFFICES WlCKHAM, WlCKHAM & BRESSLER, p.c. i03J5 HAIN ROAD. P.O. BOX 1424 HATTITUCK, LONg ISLaNd NEW YORK 11952 516-298-B353 TELEFAX NO. 516-29B-B565 JUN 1,2,1996 So.hold Town C~rk Ms. Betty Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE Iii June 10, 1998 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: with regard to the above captioned change of zone application, I enclose four original Receipts for Certified Mail addressed to the adjacent property owners. Please contact me if you require anything further, AAW: jm Enclosures 30/shdtnboa Very truly yours, Abigail A. Wickham US PostaJ Se~ce Receipt for Certified Marl No Insurance Coverage Provided. Do nol use for Inlematk)naJ Mail (See reverse) Se nt lo Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 $ , ,~ ~.~_--~Z 41-,9 256 714 US Po~ Servioe Receipt for Certified Mail No Insurance Coverage Provided. DO no! use for InlernalJonaJ Mail (See reverse) I Frank J. Krok & Others I Post Office Box 301 Peconic, New York 11958 $ 3 2-- ,~eda~ Oeli,a~' Fe~ /,/0 ~_2-~ff Z 469 256 688 US Postal Sen, ice Receipt for Certified Mail Do no( use f~ InlemaUo~aJ IvlaJl (See revere) l~artin S Louise J. MauRels 18~ Sleenv Hollow Road .Greenia~Q New York 11740 $ ~' Z 469 256 693 US Po~ Se~e Receipt for ~ified Mail NO I~ ~m~ P~. ~ ~ ~ f~ Inte~ ~1 (S~ ~e~e) ~ ~. He.ut Hess c/o ~everlv ~es Jacobs Pose Office Box 522 CuCchogue, New York 11935 Soedal Der~ Fee Rast~ted [N~e~ Fee 14-16-2 (2/87)~7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQF Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projec or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent Iy. there are aspects of a project that are subiective or unmeasureable. It is also understood that those who determim significance may have little or no formal knowledge of the environment or may be technically e~(pert in environmenta analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin[ the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio~ process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full lEAF Components: The full EAF is comprised of three par~s: Part 1: Provides obiective data and information about a given project and its site. By identifying basic proiec data, it assists a reviewer in the analysis that takes place in Parts 2 and 3~ Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, it provide guidance as to whether an impact is likely to be considered small to moderate or whether it is a potential['~ large impacL The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentialfy-large, then Part 3 is used to evaluate whether or not th, impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part I I-i Part 2 r-IPart 3 Upon review of the information ~ecorded on this EAF (Parrs 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and. therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlist~cl Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' I-1 C. The protect may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 1 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? I-lYes [~No a. If yes, for what intend~: purpose is the site being reclaimed? b. will topsoil be stockpi[ed for reclamation? ~lyes [-]No c. will upper subsoil be stockpiled for reclamationl [:]Yes ~lNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? O acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ~]Yes ~No 6. If single phase project: Anticipated period of construction ~'~ months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month c. Approximate completion date of final phase month d. is phase I functionally dependent on subsequent phases? OYes [-1No 8. Will blasting occur during construction? OYes []No 9. Number of jobs generated: during construction -A,//A- ; after proiect is complete 10. Number of jobs eliminated by this project 11. Will project require reloc.ation of any projects or facilities? :~.Yes . I-INo If yes, explain 12. Is surface liquid w~'ste disposal involved? i-lYes ~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? DYes ~(qo Type 14. Will surface area of an existing Water body increase or decrease by proposal? OYes ,~No Explain 15. Is proiect or any portion of project located in a 100 year flood plain? OYes 16. Will the project generate solid waste? ayes ~[No a. If yes, what is the amount per month tons bm If yes, will an existing solid waste facility be used? I-lYes i-INo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e If Yes. explain tons/cubic yards year, (including demolition). year nyes ONo 17. Will the project involve the disposal of solid waste? -f-lyes (~]No a. If yes. what is the anticipated rate of disposal? tons/month. b. [i yes, what is the anticipated site tile? years. 18. Will project use herbicides or pesticides? OYes .g;No 19. Will project routinely produce odors (more than one hour per day)? I-lyes 4~No 20. Will proiect produce operating noise exceeding the local ambient noise levels? L'-]Yes 21. Will project result in an increase in energy use? f-lYes ~No If ~,es , indicate type(s) 22. If water supply is from welts, indicate pumping capacity ~/~-~. gallons/minute. 23 Total anticipated water usage per day ~,'~ r~,t/' ga[lonslday. 24. Does project involve Local. State or Federal funding? OYes [~No If Yes, explain 25. Approvals Required: City, Town, Village Board ~Yes (:]No City, Town, Village Planning Board [:]Yes City, Town Zoning Board [:]Yes llano City, County Health Department i-]Yes Other Local Agencies ~lYes 4~No Other Regional Agencies ~lYes State Agencies I-lYes Federal Agencies I-1 Yes ~No C, Zoning and Planning Information Type Submittal Date r/,r 1. Does proposed action involve a planning or zoning decision? ~]Yes [:]No if Yes, indicate decision required: [~zoning amendment I-Izoning variance f-lspecial use permit I-Isubdivision I-Isite plan ' [:]new/revision of master plan I-Iresource management plan I-qother 2. What is the zoning classification(s)of the site? ,~ - ~0 ~'e~:~/¢rr~.~/ 3. What is the maximum potential development of the site if developed as permi,tted by the present zoning? 4. What is the proposed zoning of the site? -- ~'~::~ Z/,.L~ ;,/-~ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans;' ~es 7. What are the predominant land use(s) and zoning cla,~sifications within a ~ mile radius of proposed action? 8. Is the proposed action compatible with adioinin~surrounding land uses within a Y~ mile? ~ O~ If the proposed action is the subdivision of land, how many Iot~ are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? f-lYes 11. Will the proposed action create a demand for any community provided services (recreation. education, poll fire protection)? I-lYes a. If yes, is existing capacity sufficient to handle projected demand? ~lYes i~No 12. Will the proposed action result in the generation of traffic significantly above present levels? i-lYes · a. If yes. is the existing road network adequate to handle the additional traffic? [3Yes ~No. D. Informational Details Attach any additional information as may be needed to clarify your proiect. If there are or may be any adv~ impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Signature/ - '~'4-'~~-~ Title If Ihe action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceee with this assessment. 5 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information vhich can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. LATKAM, TE~LRy (Last name, first name, middle initial, unless other entity, such as a company. If so, indicate NAT~E OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone X Approval of plat -- Exemption from plat or official map Other (If "Other," name the activity.) YES -- NO X If you aumwered 'YES," complete the balance of Chis form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply): A) the owner of greater than 5% of the shares of the corporate stoc~ of the applicant (when the applicant B) the legal or beneficial owner of any interest in a corporation); __.C) an officer, director, partner, or employee of the D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /~Xg-day of }',ay 1998 Print name C. Terry ~Ch~ RECEIVED WlCKHAN1, WlCKHAM & BRE$$LER, P C. JUN 1 2 1998 June 5, 1998 Ms. Betty Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1_4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose the following: (1) Three copies of the Petition (application); (2) Full Environmental Assessment form; (3) Transactional Disclosure form signed by all owners; (4) Notice to Adjacent Property Owners; (5) Consent executed by Marion G. Latham; (6) Six copies of map; (7) Applicant's check #829 in the sum of $1,000.00 representing the application fee. Please refer this matter to the Town Board. AAW: jm Enclosures 30/shdtnboa Very truly yours, Abigail A. Wickham TOWN BOARD, TOWN OF $OUTHOLD In the ,',latter of the Petition of C. TERRY LATHAM and MARION G. LATHAM to The Town Board of ~he Town of Southold. TO: Mr. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 NOTICE TO ADJACENT PROPERTY OWNERS Mr. Helmut Hass, c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 YOU ARE HEREBY GIVEN NOTICE: 1. That it is :he intention of the undersigned to petition the Town Board of the Town of Southold to requesta Change of Zone from R-80 to Limited Business (LB) That the property which is the subject of the Petition is located adiacent to your property and is des- cribed~ follows: South side County Road 48, SCTM #1000 - 69 - 4 - 1.2 and 1.4 3. That the property which is the subjec: of such Peti£ion is located in the following zoning district: R-80 4. That by such Petition, :he undersigned will request chat the above-described property be placed in Lc following zone district classification: Limited Business (LB) $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Sourhold, 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 martsr by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hear{rig in the Suffolk Times or in the Long island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designassd for the publication of such nodcss; that you or your representative have the right ;o ap- peat and be heard at such hearing. Datsd: June 4 , 1998 Petitioner C. Ter ry\Latham Post Office Address: Post Office Box 1424 Mattituck, New York 11952 PROOF OF MAILING OF NOTICE NAME Frank J. K~ & Others Martin and Lo~. Mangels Betty L. Constanti% Robert A. Phyllis, Jr.~ Osprey Dominion Co. ADDRESS Post Office Box 301 Peconic, New York 11958 186 Sleepy Hollow Road Greenlmwn, New York 11740 34800 North Road Peconic, New York 11958/ 34570 Route 48 Peconic, New York Post Office Box 275/ Peconic, New Yor~/ 11958 Suffolk County ~ 330 Center Riverhead, York 11901 Mr. Helmut Hass, c/o Beverly Bass ~bs Post Box 522 Cutcho New York 11935-0522 Mr. and Mrs. Gerald M. Gralton~ Box 274 New York 11958 Ruth Enterprises Inc. Willow Point Road New York 11971 Lola R. Gould Manor Drive South Florida 33326 Jay W. Guild RR 3, .400 North Road Peconic New York 11958 Richard and Phyllis Post Box 100 Cutchogue, ew York 11935 Julia Sepenoski Box 120 Peconic, New rk 11958 STATE OF NEW YOI : COUNTY OF SU/~ LK: ss.: Joan~McGill .residin~ Peconic Bay B~l~ard, Aqu~o~ue, New York 11931 . being duly sworn, deposes and says t~t an cbc d~y of ~ ,19 98 ,deponen[maileda true copy of the Nocice set~or[h on the reverse side her~of~irec:e~ co e~ch Qf [he abov--~amed persons ac [he ~ddresses sec ~ppa~ice ch~ir ~spective n~m~s; [ha: th~ addresses se: opposite [he names of said persons are [he addresses of said persons as ~own on [he cur- rent assessment roll of the Town of Southold; chat said Notices were mailed at the ~i~ Stat~ Post Office Mat~tuck ' ; hat said Notices were mailed [o each of said persons~y Sworn [o me [his day of , ]9__ Notary PubLic TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of C. TERRY LATHAM and MARION G. LATHAM to the Town Board of the Town of Southold AFFIDAVIT OF MAILING STATE OF NEW YORK COUNTY OF SUFFOLK Joanne McGill, residing at Peconic Bay Boulevard, Aquebogue, New York 11931, being duly sworn, deposes and says that on the 9th day of June 1998, deponent mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the persons listed below 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Frank J_ Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Helmut Hass c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Sworn to before me this 9th day of June 1998. Nc4tary Public Jamaica Station, Room 511 Jamaica, New York 11400 J~a~ne McG~i f RECEIVED WICK, HAM, WICKHAi',4 8, BRE$SLER, P.C 10315 MAIN ROAD, P 0 BOX 1424 MATTITUCF,. LONG ISLAND JUN '[,2.1998 ~outhold Town C~;k Ms_ Betty Neville, Town Clerk Town of $outhold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 June 10, 1998 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose four original Receipts for Certified Mail addressed to the adjacent property owners. Please contact me if you require anything further_ AAN: jm Enclosures 30/shdtnboa Very truly yours, Abigail A. Wickham .~"-~ ~ 286 58& 577 Receipt for Certified Mail No Insurance Coverage Provided. Do nOI use for lntemalionat Mail (See reverse) Sent Io Long Island Rail Road Jamaica Station, Room 511 ~amaica, New York 11400 $ . ~ :'~' Z 4k9 256 714 Receipt for Certified Mail Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Ce,lifiedFee /' 3 '~' /,/0 ',' Z 469 256 688 US Postal Service Receipt for Certified Mail No Insurance Coverage provided. Do nol use for Inlernelional Mail (See reverse) M n els ~Martin & Louise J. a g I lg6 Sloep¥ Hollow Road __ Green~awq New York 11740 ~o~ Relum Receipt Show,n§ Io /./0 '" Z 469 256 Receipt for Certified Mail No Insurance Coverage Provided. ]C/o BeverZy }lass Jacobs !Post Office Box 522 Cutchogue, New York 11935 PETITION NO. STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR RECEIVED JUN 1 2 1998 ~oulhold Town Cl-rl¢ C. Terry Latham AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, C. Terry Latham , residing at Petitioner Suffolk County, New York, the undersigned, situated at Peconic, New York and described as follows: South side North Road County Road 48, Peconic, New York; See attached Schedule A for complete description. 37725 Main Rd., POB 776, Orient, New York 11957 am the owner of certain real properly/ and more particularly bounded SCTM #1000-69-4-1.2 and 1.4. and New York, including the Building Zone Maps heretofore made follows: Existing zoning use district: "R-80" - Residential iow density Proposed zoning use district: "LB" - Limited Business I do hereby petition the Town Board of the Town of 5outhold to change, modify amend the Building Zone Ordinance of the Town of Southold. Suffolk County. a part thereof, as 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for low density residential use. _. In addition, the property is bounded on the entire eastern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Sutfolk County Department of Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. Signature STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) C. Terry Latham BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Signature Sworn to before me this /~2-~A-,day of May 1998 ..,.., / Notary Public ABIGAIL A. W~CKI~AM Notary Public. State of New York No, 52.4,64,2871 Qualified in Suffolk County r.c Commission Expires Sept. 30, 19 7~/ SCHEDULE A Parcel 1 All than certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the south side of Middle Road, County Road 48, distant 1115_15 feet easterly from the intersection of the easterly side of Carroll Avenue with the southerly side of CR 48. From said point of beginning RUNNING THENCE along the southerly side of Middle Road CR 48 the following two courses and distances: (1) North 60 degrees 49 minutes 30 seconds East 139.78 feet to a monument; (2) Thence along the arc of a curve bearing to the left having a radius of 5789.58 feet a distance of 44.30 feet to a monument. RUNNING THENCE along land now or formerly of Hass South 23 degrees 53 minutes 30 seconds East 246.04 feet to other land of Latham; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to land now or formerly of Castelli; RUNNING THENCE along said land North 25 degrees 27 minutes 40 seconds West 245.34 feet to the southerly side of CR 48 to the point or place of BEGINNING_ Subject to a 15 foot right of way along the westerly 15 feet of the premises and together with a right of way in common 15 feet wide along the westerly boundary of the premises. SCTM #1000-69-4-1.2 PARCEL 2 Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point the following two courses from the intersection of the East side of Carroll Avenue and South side CR 48: of (1) 1115.15 feet easterly along the southerly side of CR 48; (2) Thence South 25 degrees 27 minutes 40 seconds East 245.34 feet to the point or place of beginning; RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 261_74 feet to land of Long Island Rail Road; RUNNING THENCE North 58 degrees 30 minutes 30 seconds East 170.90 feet along the Long Island Rail Road; RUNNING THENCE North 23 degrees 53 minutes 30 seconds West 255.37 feet; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to the point or place of BEGINNING. Together with a right subject to a right of northwesterly 50 feet of way 30 feet in width from CR 48 and way 15 feet in width along the of the premises. SCTM #1000-69-4-1.4 13-1atham 14-16-2 (2/871-- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose; The full FAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureabJe. It is also understood that those who determine significance may have little or no formal know]edge of the environment or may be technically e.xpe~ in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full £AF is intended to provide a method whereby applicants and a§encies can be assured that the determination process has been ordeHy, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3-. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 [s used to evaJuate whether or not the impact is actually impo~ant. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions ot EAF completed for this project; [] Part I [] Part 2 ~]Part 3 Upon review of the information ~ecorded on this £AF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result [n one or more large and important impacts that may bare a significant tmpact on the environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of .Action Name of Lead .~§encv Print or Type Name of Responsible Officer in Lead .Agency Title of Responsible otr~cer Signature of Responsible Officer ~n Lead Agency Signature of Preparer(It di[ferent from responsible officer) Date 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTrCE: This document is designed to assist in determmingwhether the action proposed may have a sigmficant effec~ on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerec as part DJ~ the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studie.s, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (Include Street Address, Municipality and Counly) NAME OF APPLICANT/SPONSOR ADDRESS OESC",PT,ON DP ACT,ON SUSINESS TELEPHONE STATE ZIP CObE BUSINESS TELEPHONE ( ) STATE ZiP CODE Please Complete Each Question- Indicate N.A_ if not applicable A. Site Description Physical setting of overall project, both developed an~/~ndeveioped 1. Present land use: I-qUrban [-l~ndustriaJ L~Commercia[ i-lForest L~Agriculture [~Other 2. Total acreage of project area: e-"~' acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill1 Roads. buddings and other paved surtaces Other (Indicate type) 3. What ts ~redominant sod type(s) on prolect s~tet a. Sod drainage: ii,Well drained _ /~9~' % of site ~Poorl¥ drained % or site I~Residential (suburban) L"q R u r al (non-farm PRESENTLY AFTER COMPLETION 1~/4 acres I ~/'/ acres ~,Moderately well drained % of s~te b. If any a~,r~cultural land is ~nvolved, ho~v many acres oi sod are classified w~thin sod group I through 4 of the NY£ Land CJassd:ication System? acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project s~te? ~Yes ~ a VVhat ~s depth co bedrock? .~///./~ {in feet) 5. Approximate percentage of proposed project site with slopes: L~T0-",/* /O O % []10-15% ~m15% or greater 9/0 6. [s project substantially contiguous to, or cont~Jn a building, site. or district, listed on the State or the National Registers of Historic Places? I-lYes 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes 8. What is the depth of the water table? '~ '~ ¢ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? E~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered? [Yes []~N'-o Accordin~ to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [~Yes ~o Describe 13. Is the proiect site presently used by the community or neighborhood as an open space or recreation' [Yes ~ If yes, explain 14. Does the present site include scenic views known to be important to the community? [Yes L~' 15. Streams within or contiguous to project area: A//~ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name A/ //~- b. Size (in acres) 17. Is the s~te served by~x~sting p?blic utilities? ~*r~s f-No a) If Yes. does sufficient capacity exist to allow connection? []D'?'~s ~No b} If Yes. wdl improvements be necessary to allow connection~ r~Yes [~1~o 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. Article 25-AA, Section 303 and 304~' ~]Yes 19. Is the s~te located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL. and 6 NYCRR 617;' I-lYes 20. Has the site ever been used for the disposal of solid or hazardous wastes? I'~Yes B. Project Description I Physical dimensions and scale of project (fiji in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~;~ acres. b. P~oiect acreage to be developed: ~ acres initially: 'J~ acres dJtimately. c. Project acreage to remain undeveloped O acres. d. Length of prolect, in miles. ,/'t/-/,~ (If appropriate) e. If ~he prolect is an expansion, mdicate percent of expansion proposed %; f. Number of oil'-street parking spaces existing ; proposed ~,er' ~o~:l~'_ g. Maximum vehicular trips generated per hour l/~ (upon completion of prolec~)? h. ]f residential: Number and type of housing units: One Family Two Family ,~4ultiple Family Condomimum Initially Ultimately i D~mens~ons (in ~eetJ of largest proposed structure /~":' /)~ '5'7zTL/~'7~'c4'"'~ ~;'c~-~:~]ength i Lmear ieet oi frontage along a public thoroughfare prolect wd[ occupy ~s? /4/~ ft. 2. How much natural material Ii.e, rock, earth, etc.) will be removed i~rom the site? 3. Will disturbed areas be reclaimed? [Yes []~,No [N/A a. If yes, i:or what intend~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ~lyes I~No c. Will upper subsoil be stockpiled for reclamation? I~Yes ~lNo 4. How many acres of vegetation (trees, shrubs, ~round covers) will be removed from site? O acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? I~Yes J~]No 6. If single phase proiect: Anticipated period of construction ~ months, (including demolition). 7. If multi-pbased: a. Total number of pbases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functiona(iy dependent on subsequent phases? I~Yes ()No 8. Will blasting occur during construction? rqYes ()No 9. Number of jobs generated: during construction .z~,///q_ ; after project is complete 10. Number of jobs eliminated by this project ~' 11. Will project require reJoc.ation of any projects or facilities? .J~.Yes , (No If yes, explain 12. Is surface liquid w~'ste disposal involved? ~]Yes ~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~Yes ~o Type 14. Will surface area of an existing water body increase or decrease by proposal? J~Yes ,,~No Explain 15. Is project or any portion of project located in a 100 year flood plain? [Yes ,~1o 16. Will the prolect generate solid waste? []Yes ~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? r~Yes ()No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [Yes r-lNo e. If Yes, explain tons/cubic yards year, (including demolition). year. 17. Will the project involve the disposal of solid waste? .I-lYes ~]No a. If yes, what is the anticipated rate of disposal? tons/month. b. Ii~ yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? L-lYes 19 Will prolect routinely produce odors (more than one hour per dav)? [Yes ~]No 20. Will project produce operating noise exceedin~ the local amb*ent noise levels? I-rYes 21. Will project result in an increase in energy use? J-lYes ~No If yes , indicate type(s) 22 If water supply is from wells, indicate pumping capacity ~-f'-~ . gallonslminute. 23 Total anucipated water usage per day ~/,~ ~tr~.~/' 8allons/day. 24. Does prolec~ revolve Local, State or Federal funding? If Yes, e~plam 4 2.5. Approvals Required: City. Town, Village Board ~'Yes City, Town, Village Planning Board []Yes [~'4o City, Town Zoning Board f~Yes [~CNo City, County Health Department f-lYes Other Local Agencies L~Yes ~]No Other Regional Agencies I~Yes ~No State Agencies [Yes [~No Federal Agencies [~Yes ~No C. Zoning and Planning Information 1. Does proposed action involve a planning or If Yes, indicate decision required: Submittal Type Date zoning decision? ~]Yes I~No J~lzoning amendment [~zoning variance [special use permit ~]subdivision I-lsite plan []new/revision of master plan I~resource management plan I-3other 2. What is the zoning classification(s)of the site? ,i~ _ ~ 3 What is the maximum potential development of the site i¢ developed as permitted by the present zoning? 4. What is the proposed zonin~ of the site? --/~ Z,~;/e~ 5 What ms the maximum potential development of ~he site if developed as permitted by the proposed zoning? 6 I~ the proposed action consistent with the recommended uses in adopted local land use plansI ~s ~Nc 7 What are the predominant land users) and zoning classifications within a % mile radius of proposed action? 8 Is the proposed action compatible with adjoining/surrounding land uses within a ~5 mde~ ~ ~c 9 If the ~roposed action is the subdivision of land, how many Io~ are proposed~ a. What is the minimum lot size proposed? 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes 11 Will the proposed action create a demand for any community provided services (recreation, education, police fire protectionJ? ~Yes a. If yes. i~ ex~stin~ capacity sufficient to handle projected demand? ~Ye~ ~No ~2 Will the proposed action result in the generation of trkffic significantly above present levels? ~Yes . a. If yes, is the ex~stin8 road network adequate to handle the additional traffic? ~Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associate(J w~th your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I cert]fy that the reformation prowded above is true £o the best of my knowledge. Sidnature/O_ Z~~~ Tide If lhe aclion is in the Coastal Area, and you are a state agency, complete Ihe Coastal Assessment Form before proceeding wJ~h this assessmenl. 5 PETITION NO. STATE OF NEW YORK TOWN OF SOUTBOLD RECEIVED JUN 1 2 D98 Soulhold Town IN THE MATTER OF THE PETITION OF C. Terry Latham FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. J, C. Terry Latham residing at 37725 Main Rd., POB 776, Petitioner Orient, New York 11957 Suffolk County, New York, the undersigned, am the owner of certain real property situated at Peconic, New York and more particularly bounded and described as follows: South side North Road County Road 48, Peconic, New York; SCTM ~1000-69-4-1.2 and 1.4- See attached Schedule A for complete description. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a pa~t thereof, as follows: Existing zoning use district: "R-80" - Residential iow density Proposed zoning use district; "LB" - Limited Business 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for Iow density residential use. 2. In addition, the property is bounded on the entire eastern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Suffolk County Department of Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. Si~nat~r~' STATE OF NEW YORK]ss: COUNTY OF SUFFOLK] C. Terry Latham BEING DULY SWORN, deDoses and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. ~Si nature Sworn to before me this /--~-~'--,day of blay . 1998 ~I~IL ~. WICKH~ Commission Expires Sept. 30, 1~ 7~ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: LATHAM~ TERRY (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat Other (If "Other," or official map name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the tomr~ officer or employee has even a partial ownership of (or employment by) a corporatloe in which the town officer or employee owns more than 5% of the shares. YES NO ,~ If you answered 'lES,' complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The parent, A) town officer or employee or his or her spouse, sibling, or child is (check all that apply): the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /~-day of May 1998 Print name C. Terry Latham ,./'/))ct~c,n ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~,IARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box t179 Southold, New York 11971 Fax 1'516~ 765-1823 Telephone 1516} 765-1,q00 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY TI~E SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23. 1998: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of C. Terry Latham for a change of zone from Residential Low Density District (R-80) to Limited Business District [LB) on the south side of County Road zts, Peconic, New York. SCTM#1000-69-~.1.2 ~,1.~. Cons/sting of approximately 2+ acres. Elrzabeth A .~'N~ Southold Town Clerk June 24. 1998 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF '~qTAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O Box 1179 Sou[hold, New York 11971 Fax 1516~ ?65 1823 Telephone 1516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS ADOPTED HELD ON JUNE 23. 1998: WHEREAS, a of zone from District (LB) TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING petition has been received from C. Terry Latham for a change Residential Low Density District (R-80) to Limited Business on certain property located on the south side of county Road ~8, Peconic, New York; now, therefore, be it RESOLVED that the Town Clerk be and she hereby directed to transmit this petition to the Southo[d Town is authorized and Planning Board and the Suffolk County Department of PLanning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Elizabeth A. Neville Southold Town Clerk June 2a. 1998