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HomeMy WebLinkAboutMercier, Thomas R, M.D.- W/draw Town Hall, 53095 Main Road P O. Box 728 Southold. New York 11971 JLiDl'l'l] · TERRY TELEPHONE RFGISIR ~,R Ol VIT ~.1 5; I \11sll( S OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD March 1, 1984 Abigail A. Wickham, Attorney Main Road, P. O. Box 1424 Mattituck, New York 11952 Dear Gail: The Town Poard reviewed your request for the refund of the $100.00 filing fee in connection aith the petition of Dr. and Mrs. Mercier for a change of zone. It is the Board's decision that the fee should not be refunded. I might add that, although this petition did not appear to progress very far, the following took place: Copies and distribution to Town Board members of the entire petition (7). Town Board declared themselves lead agency by resolution of 11/29/83. Notice of lead agency and petitions trans- mitted to N.Y.$.-D.E.C. & Building Department (3). Request for recommendation from $outhold Town Planning Board, with transmittal of entire petition. Very truly yours, Judith T. Terry Soutl~old Town Clerk WICkham, WICKHAM RECEIVED Cler~ Soufhold February 15, 1984 Southold Town Board Town Hall Main Road Southold, N.Y. 11971 Re: Mercier - Rezoning Application Gentlemen: Dr. and Mrs. Mercier have decided to withdraw their application for a change of zone. They intend,as an alternative, to proceed with a use variance. We would appreciate the return of the application fee in the amount of $100.00. Sinqo~ely~ yours, Wickham AAW:ab cc: Southold Town Planning Board $outhold. N.Y. 11071 TELEPHONE HENRY E. RAYNOR, Jr., Chairman 765 - 1938 JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. February 17, 1984 Agigail Wickham Wickham, Wickham, and Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Mercier Dear Ms. Wickham: The following action was taken by the Southold Town Planning Board at the meeting February 13, 1984. RESOLVED that the Southold Town Planning Board recommends that Dr. and Mrs. Mercier proceed with a use variance rather than a change of zone. If you have any questions,please contact this office. Very truly your,~_ HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane bl. Schultze ~c: Town Clerk · ih t · ~ Towl~ Hail, 53095 Mare Road ' ~' . "'" ,..i ~. '.' P.O. Box 728 ~- "O, :' '-' Southold, New York 11971 JUDITHT. TERRY ": 572;5,5 -' TELEPHONE TOWN CLERK (516J 765-1801 REGIS rRAR O1' VITAL gl \lis IICS OFFICE OF THE TO~,¥N CLERK TOWN OF SOUTHOLD November 30, 1983 Mr. David DeRidder Environmental Analysis Unit N.Y.S. Dept. of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder: Enclosed is petition of Thomas R. Mercier, M.D. and Barbara D. Mercier for a Change of Zone from "A" Residential and Agri- cultural District to "B-I" Light Business District on certain property located on the westerly side of Love Lane, Mattituck, New York. This project is unlisted and our initial determination of non- significance has been made and we wish to coordinate this action to conform our initial determination in our role as lead agency. May ew have your views on this matter. Written comments on this project shall be received at this office until December 19, 1983. We shall interpret your lack of response to mean there is no object- ion by your agency. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures cc: Commissioner Williams Southold Town Building Department *: t~ ,i 'i ~ Town Hall. 53095 Main Road P.O. Box 728 $ourhoid. New York 11971 JUDI I-Il T. TERRY TELEPHONE RE GIS [R XR OI VIT.M S I X l IS [1('5 OFFICE OF THE TOWN CLERK TOWN OF SOUIHOLD November 30, 1983 Mr. I-lenry E. Raynor, Jr., Chairman $outhold Town Planning Board $outhold, New York 11971 Dear Henry: Transmitted herewith is petition of Thomas R. Mercier, M.D} and Barbara D. Mercier requesting a change of zone from "A" Residential and Agricultural District to "B-1" Light Business District on certain property at Mattituck, New York. You are hereby instructed to prepare an official report defining the conditions described in said petition and determine the area so affected with your recommendations. Very truly yours, Judit~/T. Terry $outhold Town Clerk Attachments ~' ['- [ Town Hall. 53095 Main Road · P.O. Box 728 Southold. New Yolk 1197l JUDITH 7. TI- [~[RY TI LEPItONE ~O¥,'N ('LI. UK 1516) 765-1801 R[ras FR.,Xft O[ Vtl XL SI ~[ [S[lr'S OFFICE OF THE TOWN CLERK TOtYN OF SOUIHOLD November 18, 1983 To Whom It May Concern: Attached hereto is Long Environmental Assessment Form submitted by Thomas R. Mercier, M.D. and Barbara D. Mercier in connection with their petition No. 206 for a Change of Zone from "A" Residential and Agricultural District to "B-l" Light Business District on certain property situated at Love Lane and Route 48, Mattituck, New York. ~JolJith T. Terry c/ Southold Town Clerk Posted on Town Clerk's Bulletin Board on November 18, 1983. TOIVN OF SOUTHOLD /N¥~RO:~£NTAL ASS~5~MgNT ''PART [ Project ~n fo r~ tion ~czer ~plica~on for ch~ge of zo~ St~ ~ '~ice ~11~ {~me) ~ve ~e ~o~ D. ~ci~, M.D. & ~t~tuck, N~ York 11952 ~a D. M~cier ~ ~S~a~e) (Z~p~ N~ S~fo~ Av~ue BU~N:S5 ~uck, N~ York ZZ952 ~plication for c~ge of zone from "A" ~ric~t~al ~d ~siden~al to "B-~ght B~iness Dis~ict", 7. Ts project us 11. Are there any unique or ~n?ual land forms on the project site? (l_e. cliffs, dunes, other geological ~ ~ormat~ons . . / Yes ~ ~o. IOescribe -- a. Name of stream and name of river to which it is tributary a. rl,,~ /~ : b. size (i, ,ores) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and th~ scale pf development~ (e.g.~2 story), B. PgOJECT DESCRIPTION 1. Physics) di~nsions and scale of project (fill in dimensions as appropriate} b- Projec[ acreage develooedJ , )~ acres initially; , )~acres ul:~mately. d. Leng:l~ of project, in miles: (if aOpropria~e) F~ )lurer of off-strut oarking spaces existine ~ ; Arooosed g. ,a~imum vehicular trios generated per hour ~ upon c~ple:io, Initial j. lotal he:g,t of tallest nronosed struc:ure J ~T~fee:. cubic yards. ). How ~..y acre, oF veqetat,on (trees. shrubs, ground covers) ~(11 be re~oved froP s,te --'gq acres- project? Yes ~ No 6. If single phase project: Anticipated period of construction ~ months, (including demolition). de~lition) 9. N~ber or jobs generated: during construction~i after project is com~lete 10. Nu~er of jobs eliminated by this project ~ . 1Z. m. Is surface or subsurface liquid waste disposal involved? ,~' Yes ~ No. b. If yes, indicate type of waste (sewage. industrial, etc.) ~t~?~.-- c. If surface disbosal name of stream into which effluedt ~ill be discharged 13. Will surface area of e~isting lakes, ponds, streams, bays or other surface ~aterways be increased or 14. IS project or any portion of project )peaCed in the 100 year flood plain? Yes 15. a. Does project involve d~sDosal of solid waste? Yes ~ No b. If yes, will an existing solid waste d(snosal facility be used? ~Yes 16. Will prnject use herbicides or ~esticides? Yes ~ NO 17. Will project routinely produce odors (~re than one hour per day)? Yes ~ NO 18. ~ill project produce operating noise e~ceed(ng the local ambience noise levels? Ye~ ~No 19. ~il) project result in an increase in energy use? Yes ~NO. If yes, indicate type(s) . ~0. If ~ater supply is From wells indicate Ou~o,ng ca~acity gals/~,nute. LT~/~ ~l. Total ant,c~nated water usage per da~ ~als/dav.~--lesS ~q~ (Orf~ b. Current specific Zon,ng class,flc~tion of s,te _ ~ ~eJj~.~ (Yes, No) {Type) (Date) (Date) City, Town, ¥illoge Board City, Town, Village Planning Board City, Town, Zoning Board Other local agencies ..~_/~Z-O- REPRESENTING: ~ h?~ ~ -4- . ;ECEIVED NOV 2 laB3 ....... Towm Cterk 5outhold WICKhAM, WICKHAM & BRESSLER, p.c. November 17, 1983 Southold Town Board Town Hall Main Road Southold, NY 11971 Application of Thomas R. Mercier, M.D. and Barbara D. Mercier - Tax ~-{ap #1000-140-1-21 Gentlemen: Enclosed is Consent form which has been duly signed by Mr. and Mrs. MacMillan, owners of the above premises. Please add the above Consent form to the application papers submitted to you by letter dated November 14th. Thank you for your attention to this matter. Very truly yours, Ellen M. Urbanski Legal Assistant encl. PECFIVED Town Cleric %al'hold STUARF MacMILLAN and ALICE MacMILLAN, residing at Love Iane, Mattituck, Nc~ York, as owners of a .15 acre parcel on the northwest corner of Love I~ne and ~iddle Road (Route 48), Mattituck, New York (Suffolk County Tax Map No. 1000-140-1-21) (~Dnsent to the application by THOMAS R. MERCIER, M.D. ar~ BARBARA D. MERCIER for the foll~ing: 1. Application to the Southold T~wn Board to rezone the pr~uises to "B-Light Business District." 2. Any and all other necessary applications required in connection with the rezoning application. Dated: November ~ , 1983 ALICE MacMILLAN CAS . NO: ..... STATE OF NEW YORK PETITION TOWN OF SOUTHOLI) 1N THE MATTER OF THE PETITION OF TH~v~S R. lv~RtCI-ER, M.D. and BARBARA D. FOR A CIL~NGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SO~'~'OLk COUNTY, NEW YORK. TO ~ TOWN BOAP~ OF TH~ TOWN OF SOUTHOLD: WE~ THOMAS R. MERCIER, M.D. & I. ~... ]~kR~...D.....~T.F.R ................ , residing at l~...$~.f.o..%k..~.v.~rxum.~...~ia.ttituck, (~nsert name of petitioner) are the Contract vendees Suffolk County, New York, the under~igned~k~x~of certain real property situated at Love Lane & Route 48, ll~.~.~.~,.~.~.~..~...~.~..w.....Y...o..r..~ .............. and more particularly bounded and describedX~x~ on Schedule A attached hereto. 2. I do hereby petition the Town Board of the Towu of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To rezone the property described in Schedule A from "A" Agricultural and Residential to "B-Light" Business District. 3. Such request is made for the following reasons: The property is located on the North side of Middle Road, C.R. 48, at the intersection of Love Lane, a busy intersection. Much of the property in the immediate vicinity is zoned B-1 General Business. Applicant proposes to locate his Doctor's office in the building on the premises and requires a B-Light Business zone to do so. Adequate parking will be provided. Although a down zoning is proposed, the proposed use will not adversely affect the neighboring properties and will, in fact, be an asset to the connnunity. THOMAS R. MERCIER, M.D. BARBA~ D. ~RCIER STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) THOMAS R. MERCIER, M.D. & ...B..AiR:..B...A~...D......I~..g.C.!~.R., ................. BEING DULY S~VORN, depose, and saymthat theyil~_/t~e petitionersin the within action; thatt,h~J.-l,~'.read, r.l:lp..&~ the foregoing Petition and know~ the contents thereof; that the same is true to/J~l~m) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matterstheybeliev~ it to be true. THOIvI~S a. MERC,IER, M.D. ' BAXBA~ D, ~RCIER SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, and State of New York, known and designated as part of Lot 5 on a certain map entitled, "Map of Clara W.R. Reeve, made by D.R. Young, Surveyor, March, 1922", and filed in the Office of the Clerk of the County of Suffolk on the 4th day of December, 1922 as Map No. 212, said plot being further described as follows: BEGINNING at a monument set at the intersection of the westerly side of Love Lane and the southerly side of a private road sometimes known as "Hazard Road", and from said point of beginning, RUNNING THENCE along the westerly side of Love Lane South 36° 30' East 60.00 feet to a monument; RUNNING THENCE South 53° 30' West 115.0 feet to a monument and land now or formerly of Giuliano~ RUNNING THENCE along said land of Giuliano North 36° 30' West 60.00 feet to a monument on the south side of said private road, sometimes known as "Hazard Road"; RUNNING THENCE along said private road North 53° 30' East 115.0 feet to a monument at the point or place of BEGINNING. TOWN BOARD. TOWN OF SOUTHOLD : In the Matter of the Petition of : ~rclO~ R. MERCIER, M.D. and : NOTICE B.~ D. MERCIER : to the Town Board of the Town of Southold. TO: Mattituck Park District ' Mrs. Gladys G. Nine Mr. & Mrs. Louis A. Giuliano Mrs. Mary Gorman Mr. & Mrs. Peter E. Orl~wski YOU ARE HEREBY GIVEN NOTICE: 1, That it is theJntention of the undersigned to petition the Town Board of the Town of Southold to change pt zone. request a 2, That the property which is the subiect of the Petition islQcated adjacent to your properlcv ,~nd is des- cribed as follows: Suffolk County Tax Map No. 1000-140-1-21. BoUnded on th~ NOrt~ Dy a Private Road; on the West by Glu±lano; on the ~outh by ~Lddle ~u~d; and on the East Dy Love Lmne. Containing 6,900 square ~eet. 3. Tbat the property which is the subject of such Petition is located in the following zoning district: "A" Agricultural and Residential. 4, That by such Petition, the undersigned will request that the above-described property be placed in the following zone d~str ct c ass~f cation: B-ZaS:Jht Bu~zness Dzstr~_ct. 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers publisbed in the Town of Southold and designated for the publication of such noticesi that you or your representative have the right to ap- pear and be heard at such hearing_ Dated: ~iovember ~ , 1983 ~ , ' 1,~ ~ ~ R. ~I~, M.D. Post Office Address: PROOF OF MAILING OF NOTICE ADDRESS NAME Mattituck Pa~k District Mattituck N~ York 11952 Mrs. Gladys G. Nine Love I~ne Mattituck, NY 11952 Mr. & Mrs. Louis A. Giuliano 176 Elm Ave. Mt. Vernon, NY 10550 Mrs. Mary Gorman Main Road Mattituck, NY 11952 Mr. & Mrs. Peter E. Orlowski Love I~ne Mattituck, NY 11952 STATE OF NEW YORK : COUNTY OF SUFFOLK: ss.: E1-.T.k~xT M. URBANSKI , residing at 309 Fanning Boulevard #4, Riverhead, NY 11901 , being duly sworn, deposes and says that on the 4_~ day of November, ,7983 , deponen£ mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Sou£hold; 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_ Certified mail rece~.pts attached hereto. ~T,T,k-~xl M. URBANSKI Sworn to me this 14r_h day of Novercuber ,1983 TOlVN OF SOUTHOLD CAP [N¥1RO;I~ENTAL ASS£SSMENT --PART Project In format ton ;~ANE OF PROJECT: NAHE AND ADDRESS OF OWNER (If Pifferent) Merczer Application for change of zor~ Stuart and Alice MacMillan (Name) Love I~ne AODRESS ANO NAttE OF APPLICANT: (SCreet) 5homas D. M~_rcier, M.D. & Mattituck, Nc~ York 11952 Barbara D. Mercier ~ (State) (Zip} N~A7 Suffo]J~ Argue BU~NCSS PHONE: __ (Street) Mattituck, New York 11952 (P.O.) (Scase) (Zip) DESCRIPTICN OF PoOJ£CT- (Briefly describe type of ~mJect or action) Application for change of zone from "A" Agricultural and P~sidential to "B-~ght Business District". (PL~CASE COMPLETE EACH QUESTIFlN - indicate N.A. If no[ aDblicable) A, SITE D[SCRIPTION ' {Physical settin9 of overa;1 pmject, both deve)oned and undeve)o~ed areas) ). ~nera] character of the land: t~neral)y unffo~ s]ope ~ Generally uneven and mlllne P~sen[ land use: U~an .Industria) , Co~rcia) , Suburban .Rura] , Forest __, Agriculture ~ , Other 3. Total acreage of oroject a~a: .~5 acres. 6. Approxir~te percentage of proposed project site with slopes: O-lO: ~ %; lq-l~) %; 15: or greater %. 7. IS prm3ect ~ contiguou to, or contain a buildinn or site listed on the National Register of Historic Places? Yesr~ Ho B. What is the depth to the water table? feet g. Do huntlog or fishing opportunities presently e,ist in the project area? ~ Yes _No I0. Does project site contain any species of plant or animal life that is identified as threatened or endanqered - Yes ~ ;~o, according to - Identify each species 11. Are there any unique or ~nusual land forms on the project site? (i-e. cliffs, dunes, other geological formations - // Yes X No. (Describe __ ) 12. Is the project sitE~resently used by the corrrnunity or neighborhood as an open space or recreation area - Yes ,~ No. 13. Does the present site offer or include scenic views or vistas known to be important to the cora~untty? Yes ~'~ No 14. Streams within or contiguous to project area: - a. Name of stream and name of river to which it is tributary /~£1~ 1S. Lakes. Ponds, ~etland areas within or contiguous to project area: a. I(ame /~_ : b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e-g. single family residential. R-g) and th~ scale of development (e.g. 2 B. PROJECT DESCRIPTION l. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor ~ acres. b. Project acreage developed: , I~ acres initially; ~(~'- acres ultimately. :. Project acreage to remain undeveloped ~ I d. Length of project, in miles: (if appropriate) e. If project is an expansion of existing, indicate percent of e~pansion proposed: building square foot- age <_,o' ~.L~, developed acreage f. ,lumber oF of~ostrE~t marking spaces existino ~ ; proposed g. Maximum vehicular trios generated per hour ~ (upon completion of project) ~ h. If residential: Number and type of housinq units: :ne Family Two Family Multiple Family Condominium i. If: ~rientatien 'ie~gnbornood-City-Regional Estimated Emmloyment InDustrial j. Total height of tallest nronosed Structure I ~]fc)k~_feet. cubic yards. ~m ~ many acres of veqetation (trees, shrubs, ground covers) will be reproved fro~ s,te -oO~ acres.- 6. If s~ngle phase project: Anticipated period of construction ~ months. (including derr~lition). 7. If multt-nhased project: a. Total number of peases anticibated b. Anticipated date of corl~ence~ent phase I month .~ear (incluO,ng de~lition) d. Is phase I financially dependent on subseauent phases? Yes B. Will blasting occur during construction? Yes ~ No g. N~ber of jobs generated: during construction~ ; after project is complete ~-~ 10. Nu~er of jobs eliminated by this project ~. 11. Will p~ject require relocation of any projects or facilities? Yes ~ NO. If yes. explain: 12. e. [s surface or subsurface liquid waste disposal involved? ~ Yes ~ No. b. If yes. indicate type of waste {sewage. industrial, etc.) .Og~t~F&~?~.-- c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes~ ~onds, streams, bays or other surface water-ways be increased or decreased by proposal? Yes /~ NO. 14. Is project or any portion of project located in the 100 year flood plain? Yes ~X No )5- a. Does project involve disposal of solid waste~ Yes ~/ No b. If yes, will an existing solid waste disnosal facility be used? . Yes c. If yes, give name: : location d. !lill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes __~.__ho 16. Will project use herbicides or pesticides? Yes ~ No 17. Will project routinely produce odors {Foore than one hour per day)? Yes ~X' NO lB. Will project produce operating noise e~ceeding the local ambience noise levels? Yes lg. 4ill project result in an increase in energy use? Yes ~__ NO. If yes, indicate type!s) 20. If water su:mly is From wells indicate pumping capacity gals/m,nute. L)£(Y(I,~ 21. Total antlcinated ~ater usage per day aals/day.(y~_~jCL~_J~S ~l. Jqq~ CUFF~ K~lJe/~TJcj 22- Zon,ng: a. IIhat ,s dominant zon,ng class,fication Of site? -- b Current 26. Approvals: a. Is any Federal per. it required? Yes ~-~ No b. Does project involve State or Federal funding or f~nancing? ___Yes No C. Local and Regional approvals: Approval Required Submittal Approval (Yes, No) (Type) (Date) (Date) City, Town, Village Planning Board City, Town, Zoning Board Cltx, County Heal th Department Other local agencies Other regional agencies State Aqencies Federal Agencies C. IMFO~TIONAL DETAILS Attach any addltion~l info~tion as ~y be needed to clarify your project_ If there are or may be any adverse l~Pacts associated wit~ the p~posa), ~lease discuss such impacts and the measures which can be taken to mitigate or avoid them~ ., ,, PREPA~ER'S SI~ATURE: ~/ ~ ~.J .~ - TITLE: /~/~'/ ~ ~ ~,/~'~ REPRESENTING: ~,~ ~ ~//~ ~ ,~/~ ~ DATE: ./~/ ~ .4- - ~/ TOWN OF SOUTHOLD ,. SHORT EmVIRONN~ENTAL ASSESSN(ENT FOI~ :/ INSTRUCTIONS: -; (al In order to answer the questions in this short EAF it is assumed / that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations wili be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmentai Assessment Form is necessary. (c) If ali questions have been answered No it is iikeIy that this project is not significant, (d) E~vironmental Assessment 1. Will project ~esult in a large physical change to the project site or physically alte~ more than 10 ac~es of land? ........................ Yes × No 2. Will there be a major change to any unique or · unusual land form found on the site? .......... Yes × 3. Will project alter or have a large effect on existing body of water? ....................... Yps × No 4. Will project have o potentially large impact on groundwater quality? ....................... Yes ×:~o 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes × Hq &. Will project affect any threatened or endangered plant or animal species? ........... Yes x 7. Will project result in o major adverse effect on air quality? ............................... Yes × 8. Will project have o ma]or effect on visual character of the community or scenic views or vistas known to:be important to the community? Yes × ~. Will project adversely impact any site or structure of historic~ prehistoric o~ paleontological importance or any site designated os a critical environmental area lO. Will pro,eat have o mo]or effect on existing or future recreational opportunities? ......... Yes × 11. Will project result in.mo]or traffic problems of cause o mo~or effect to existing transportation systems? ....................... Yes X Ho 12. Will project regularly cause objectionable odors~ noise, glare, vibration, o~ electrical disturbance as o result of the project's operation? ......... ' ............................ Yes X Ho 13. Will project have any impact on public hea~th ' or.safety? .................................... Yes x 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character o£ the community or neighborhood? ................................. .. Yes × ~o 15. Is there public controversy concerning the pro)eat? ...................................... Yes X ~ig~l A. Wickham REPRESE[~TING_THOMAS D. MERCIER, M.D. & BARBARA D. MERCT~R DATE NOVEMBER ~ , 1~83 WICkHAM, WICI~hAM ~F~ B~qESSLE~ P.c. November 14, 1983 Southold Town Board Tc~n Hall Main Road Southold, NY 11971 Rs:Application of %boreas R. Mercier, M.D. and Barbara D. Mmrcier - Tax Map ~1000-140-1-21 Gentlemen: Enclosed are the following in connection with the above application for change of zone: 1. Petition, in triplicate; 2. Original Notice to A~ljoinin9 Property Owners, with proof of service thereon; 3. Short Enviror~ental Assessmant Form; 4. six copies of the survey; 5. Six copies of the zonJ-ng map; 6. (l~eck to the order of the Southold Tc~n Clerk in the sum of $100.00, representing the application fee; 7. E~viror~ental Assessment Form. Consent from the owners of the property has been requested and will be forwarded to you in~sdiately opon receipt. If all is in order, please schedule this matter for your next meeting. Thank you for your attention to this matter. Very truly yours, encls. STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF TH~ PETITION OF THCNAS R. }EP~ER, M.D. and BARBARA D. MERCIER FOR A CI{ANG~.., MODIFICATION OR AMENDMENT OF TI-rE Burr.DING ZONE ORDIN- ANCE OF TH~ TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YOP/C TO TH~ TOWN BOAR/) OF TH~ TOWN OF SOUTHOLD: krEL~ THOMAS R. MERCIER, M.D. & 1 .... .BARRARA...D_...bfERCI.[g]~ ................ , residing at ~le~...~uf.f.c~.].l~..A.~.~r~u~...FIa.ttituck, (insert name of petitioner) are the Contract vendees Suffolk County, New York, the undersigne_d~/gm:~l~m~,~r~of certain real property situated at Love Lane & Route 48, l~_~.~.{21J.~.~..,,...N..~..w._..~.Q~..k.. ............. and more particularly bounded and describedX.~xl~I~_..~_l( on Schedule A attached hereto. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To rezone the property described in Schedule A from "A" Agricultural and Residential to "B-Light" Business District. 3. Such request is made for the following reasons: The property is located on the North side of Middle Road, C.R. 48, at the intersection of Love Lane, a busy intersection. Much of the property in the immediate vicinity is zoned B-1 General Business. Applicant proposes to locate his Doctor's office in the building on the premises and requires a B-Light Business zone to do so. Adequate parking will be provided. Although a down zoning is proposed, the proposed use will not adversely affect the neighboring properties and will, in fact, be an asset to the community. (L. S.) .................... fi. ................. THOMAS R. MERCIER, M.D. BARBARA D. MERCIER STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) THOMAS R. MERCIER, M.D. & ._ .B..AR..B. _A..R~...D.:., .I~._ .R.C.I..E.R., .................. BEING DULY SWORN, depos~ and say~:that re . . . lnave theTy~_/the pet,tmnersin the ,,,,thin action; thatt~,..~.~'read the foregoing Petition and kno,vlc the contents thereof; that the same is true to/~ own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matterstheybeliev~ it to be true. THOMAS R. MERCIER, M.D. Sworn to before me B~A~ D. ~RCIER this .~.. day of, _( ~:5.':ff.~:~.: ...... 19_~ Notary Public. SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, and State of New York, known and designated as part of Lot 5 on a certain map entitled, "Map of Clara W.R. Reeve, made by D.R. Young, Surveyor, March, 1922", and filed in the Office of the Clerk of the County of Suffolk on the 4th day of December, 19R2 as Map No. 212, said plot being further described as follows: BEGINNING at a monument set at the intersection of the westerly side of Love Lane and the southerly side of a private road sometimes known as "Hazard Road", and from said point of beginning, RUNNING THENCE along the westerly side of Love Lane South 36° 30' East 60.00 feet to a monument; RUNNING THENCE South 53° 30' West 115.0 feet to a monument and land now or formerly of Giuliano; RUNNING THENCE along said land of Giuliano North 36° 30' West 60.00 feet to a monument on the south side of said private road, sometimes known as "Hazard Road"; RUNNING THENCE along said private road North 53° 30' East 115.0 feet to a monument at the point or place of BEGINNING. TOWN BOARD. TOWN OF SOUTHOLD In the Matter of the Petition of : 'i'HOMAS R. MEiq2IER, M.D. and : NOTICE BARBARA D. MERCIER : to the Town Board of the Town of Sou[hold. : TO: Mattituck Park District' Mrs. Gladys G. Nine Mr. & Mrs. Imuis A. Giuliano Mr. & Mrs. Peter E. Orl~wski YOU ARE HEREBY GIVEN NOTICE: 1. That it is the,intention of the undersigned to petition the Town Board of the Town of Southold to cJk%nge oI zone. request a 2. That the property which is the subject of the Petition islo_c~ted adiacent to your pr_gper[y gnd is des- cribed as follows: SuffoLk County Tax Map No. 1000-140-1-21. ~o~lnded on the North Dy a Private Road; on the West by Giullano; on t~e ~outh by 9riddle Rudd; and on the East Dy Love Lane. Containing 6,900 square feet. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Agricultural and Residential. 4. That by such Petition, the undersigned will request ti]at the above-described property be placed in the following zone district classification: "B-Lzght"Business DIstr,.ct. $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-~,lattituck ~Vatchman, 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. THCMAS R. MERCLER, M.D. Petitione~ Post Office Address: New Suffolk Avenue r,~'~#l~l~g~tituck, NY 11952 __~ ~ ? .v~ e~,~? ,~....f~-~.";~'i DROOF OF MAILING OF NOTICE ADDRESS NAM£ ~ttituck Park District Mattituck N~ York 11952 Mrs. Gladys G. Nine IDye Lane Mattituck, NY 11952 Mr. & Mrs. Louis A. Giuliano 176 Elm Ave. Mt. Verr~n, NY 10550 Mrs. Mary Gorm~n ~ain Road '- Mattituck, NY 11952 '.' .,, -'- i z~ ~ ~ ~ ~ ....... , residin~ at 309 F~ng ~ev~d 94, ..... ~~-~1901 . being duly sworn, deposes and says that on the ~ day of ~v~, , ]~ , depone.~ mailed a true copy of die Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the name~ of said persons are the addresses of said persons as shown on the cur- [~nt assessment ro~l of the Town of Sou~hol~; that said Notices were mai[ed at tE~ United States Post Office at ~L~ ~ that said Notices were mai~ed to each of said persons by (certified) ~mail. ~ifi~ ~1 receipts at~ h~eto. Sworn to me this l~th dayof ~ov~: ,1~3 _. Net~ry Public ~~ ~ TOI~N OF SOUTHOLD [NVIRO;I~ENTAL ASSESSMENT :-PART I Project In for?nat ~on NOTICE: This OoCu~e,nS ~. des~ened to assist in determininQ whether the action ~?~posed may have a significant any add~£1onjI ~n'orn~tlon you believe wtll be needed tO comDlet~ PARTS Z and 3. ~plica~on for ch~ge of zo~ Stu~ ~-~ice ~c~ll~ (Name) ~ve ~e ADDPESS AND N~E OF APPLiCANt: (Street.) N~ Suffo~ Av~ue BU~NCSS PHONE: . )~ttituck, N~ York 11952 CP.O.) (Sca:e) DESCRIPTI~9 OF P~OjECT' (Briefly describe type of m~Ject Or action) ~1ica~io~ ~o~ ch~qe o~ zone ~o~ "A" Ag~ic~t~al ~d ~sid~al to "~-~9ht 8~ess Dis~ict", (PLEASE CDHPLETE EACH QUESTI~N - Indicate N.A. tf not a~llcable) A. SITE ' (Physical setting of overall p~ject, both develoned and undevelooed areas) ). ~neral character of the )and: C~neral)y unlfo~ s)o~e ~ Generally uneven and mllfna 0r 2. P~sen[ land use: U~n . Industrial , Co~rcial .. SuburDan . Rural . Forest 3_ Total acreage of nroject a~a: .iS acres, AnProxima~e aoreage: Presently After Comp)etlon Presently ~fLer Meadow or BKush]a~ acre5 . acres I.)ater Surface Area ~acres ac-es earth or fi))) __~acres acres Moads, bu(l~inns 4. '~ra: ~s ~"~dom~naet soil t:/~e(S) on ~rO!ect site? ~[9~t t. ~.at Is Ua.tn tc bedrock? .~J~J~L_.. 'n ~eet) TOWN OF $OUTHOLD EAF [HVIRO;I~EXTAL ASS-~SSH£NT ~'PART ~rcler ~pplication for ch~ge of zone St~ ~ ~ice ~c~ll~ (~ame) ~ve ~e ~o~ D. ~ci~, M.D. & ~ttituck, N~ York 11952 ~a D. M~cier N~ Suffo~ Av~ue (Steer) h~ttituck, N~ York 11952 {P.0.) (State) ~plication for c~ge of zone from "A" Agric~t~al ~d ~side~al ~o "~-~ght B~in~s Dis~ict". A. SITE O[SFRIPTION · (physical se~ing oF overmil p~ject, both develoned and undeYelooed areas) I. ~neral charmcte~ of the land: r~nerall~ untfo~ slope ~ ~enerally uneven and ~lllno or ~. P~sent land use: U~an , Industrial , C0~rcial , Suburban Rural ~., Forest , Agriculture X' Other 3. Total acreage of oroject a~a: .15 acres. Forested acres acres Unvegetaced {rock. !4. :~ nr r.C.L.) acres acres b. A~proxir~te percentage of proposed Project site w~th slopes: O-IO'~ ~.,',; ln-lg~ [; 15= or greater ~. 7. Is project contiguou to, or contain a building or site listed on the National Register of Historic 8. What is the depth to the water table? feet 9. Do hunting or fishing opportunities presently exist in the project area? ._~Yes No 10.Does project site contain any species of plant or animal lffe that is identified as threatened or endanoered - .)'es ~ ~o, according to - Identify each species 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations- ,/ Yes ~)~ No. (Describe -- )~. Is the project site resently used by the corrmnunity or neighborhood as an open space or recreation area - Yes~.Ho. 13. Does the present site offer or include scenic views or vistas known to be important to the corm~untty? 14. Streams within or contiguous to project area: a_ Nar~e of stream and name of river to which it is tributary 15.Lakes, Ponds, Vet)and areas within or contiguous to project area: o. riarae /~,~? : b- Size (in acres) 16.What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and th~ scale of development (e.g. 2 s.tory), U B. PROJECT DESCRIPTION l. physical dimensions and scale of Rrojeot (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor C) acres. b. Project acreaqe develooed:· 15 acres initially; · I~-acres ultimately. c. Project acreage to remain undeveloped ~ [ d. Length of project, in mlles: (if appropriate) e. IF project is an e~pansion of existing, indicate percent of e~pansion proposed: building square foot- f. tlurnber of off-strb~t parking spaces existina ~ ; proposed g. Maximum vehicular trios generated per hour ~ (upon completion of project) h. If residential: Number and type of housing units: ~ne Family Two Family Multiple Family Condominium ~. If: Orientation ;'e~gnoornood-City-Regional Estimated Emo]oyment ~. How much natur~l material (i.e. rock, earth, etc-) will be reproved fr~ the site - ~' tons 3. How ~any acres of veqetation (trees, shrubs, ground covers) ~ill be re~ved fro~ site -~0~ acres 4.Will any mature forest (over 100 years old) or other locally-~mportant vegetation be re?~oved by th~s project? Yes ~ NO 6. If s~ng)e phase project: Anticipated period of construction I months, (including demolition). 7. If multi-phased proJect: a. Total number of phases anticipated NO. b. Anticipated date OF cor~ence~ent phase I month year (incluo~ng demolition) d. Is phase 1 financially dependent on subseouent phases? Yes NO B. Will blasting occur during construction? Yes ~ No g. N~nber of jobs generated: during construction~.~ ~ after project is complete c~-~ 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Yes ~ No. If yes, explain: 1Z. a. )s surface or subsurface liquid waste disposal involved? ,~ Yes ~ No. b. If yes, indicate type of waste (sewage, industrial, etc.) ?~2~j~_-- c. If surface disposal name of stream into which effluent will be discdarged 13. Will surface area of existing lakes, ponds, streamS, bays or other surface waterways be increased or 14. IS project or any portion of project located in the lO0 year flood plain? Yes ~ No 15. a. Does project involve d~sposal of solid waste? Yes .~/ No b. If yes, will an existing solid waste disnosal facility be used? __Yes NO d. !/ill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ._~No 16. Will project use herbicides or pesticides? Yes ~ No l?. Will project routinely proddce odors (??~re than one hour pek day)? Yes ~'.No lB. Will project produce operating noise exceeding the local a~bience noise levels? __Yes lg. Will project result in an increase in energy use? Yes ~_ No. If yes, indicate type(s) __ ZO. If ~ter supply is fro~ wells indicate pu~ng capacity gals/~,nute. Ll~/(~ ~):)Us~(~ 21. Total ant~cinated water usage per day _ _ aals/day.(y-~6L~__Je~5 J?~ co,~fe~ K~lJe~t,licj 22. Zon,ng: a. Ilhat is dominant zon,ng classification of site? d. IF no. indicate des,red Zorlnq __~_~L_),~)~}~ .... 26. Approvals: a. IS any Federal permit required? Yes ~ No b. Does pro3ect involve State or Federal funding or financing? ___Yes ¢. Local and Regional approvals: AD,royal Required Submittal Approval (Yes, No) (Type) (Date) (Date) City, Town. Ytllage Board ~ '~r,~ c~['l~v~ City. To~n, V~llage Planning Board ~,~ ' City. Town. Zoning Board City, County Health Oepartnent Other local agencies Other regional agencies State Aqencies Federal Agencies C. INFO~TIONAL DETAILS Attach any additional info~tion as ~y be needed to clarify your project. If t~ere are or may be any 8averse impacts associated with the p~posal, olease discuss such imoacts and the ~asures which can be taZen to mttlgate or avoid them_ TITLE: ~/~ ~/u~ Y ~ DATE: /~/ -4- i/ TOWN OF SOUTHOLD .- SHORT ENvIRONktENTAL'ASSESSkiENT FOR ~ INSTRUCTIONS: ~ (o) In order ~o ans~er the quest£ons in this short EAF it is assumed ?~ that the preparer ~,ill use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been cnswered No it is likely that this project is not significant. (d) Environmental Assessmen~ 1. Will projeat result in o large physical change %o the project' site or physically alter more than 10 acres of land? ........................ Yes × Ho 2. Will there be o mo~or change to any unique o~ unusuol land ~orm found on the si~e? .......... Yes × No ~. Will pro,eot alter or hove a large effect on existing body of ~oter? ....................... .¥p~ × ~. Will project hove o potentially lo,ge impact on groundwater quality? ....................... Yes 5. Will pro,eot significantly effcc~ drainage ~low on adjacent sites? ........................ Yes × ~. Will projec~ offec~ any threatened or endangered plant or animal species? ........... Yes × 7. Will project result in o me,or adverse on oi~ quality? ............................... Yes × 8. Will project hove o meier effec~ on visual character of the community or scenic vie~s or vistas known to.be important to %he community? Yes X No ~. Will project odversely impact any site or structure o~ historic, prehistoric or poleontologicel importance or any site designated os o critical environmental oreo 10. Will project hove o major effect on existing or future recreational opportunities? ......... Yes x No 11. Will project result in.major traffic problems or cause a major e~fect to existing transportation systems? ....................... Yes X No 12. Will pro,eot regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as o result of the project's operation? ......... ' ............................ Yes x No 13. Will project have any impact on public health or safety? .................................... . Yes x ~No 14. Will project aTfect the existing community by ' directly causing o growth in permanent papule%ion o~ more than 5 percemt over o one year period or hove o major negative effect on the character o[ the community or neighborhood? ................................. Yes X No 15. 15 there public controversy concerning the project? ...................................... Yes X No Abig~l A, Wickham