HomeMy WebLinkAboutZoumas Home Builders ELIZABETH A. NEVTLT,F,
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
M~-RRL~GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORIVIATION OFFICER
To~vn Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
souLhold~own_norihfork_net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 20, 2003
John Zoumas, President
Zoumas Home Builders
Post Office Box 361
Wading River, New York 11792
Dear Mr. Zoumas:
Please be advised that the Southold To,wa Board at their regular meeting held on March 11, 2003
adopted a resolution denying your request for a waiver to the subdivision moratorium. A
certified copy of this Southold To~a Board resolution. No. 166 is enclosed for your records.
VeD' truly vours,
Southo[d To,ma Clerk
cc: Town Attorney
Planning Board
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTHAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS NiANAGF2ViENT OFFICER
FREEDOM OF IiNFOHiViATION OFFICER
To~ Hall, 53095 M~in Road
P.O. Box 1179
Southold,2New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldt~wn.nortkfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 166 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 11, 2003:
WHE, REAS an application has been made by Zoumas Home Builders for a waiver from the
provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003) entitled
"Temporary Moratorium on the Processing, Rexdew of, and making Decisions on applications
for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans
containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal
Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a
major subchvision of Zotmms at Bayview for the parcels of property known as SCTM# 1000-79-
4-17.14 and 17.17; and
WHEREAS the application involves the subdivision of a 48.21 acre parcel into 22 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing and considered
all pertinent documents; and
V~2:IEREAS the critetSa that the applicant must meet is set forth in section 6. (Appeal Procedure)
of Local Law #3-2002 and Local Law . ~-_00~, and the section states:
Section 6. :',~PPEAL PROCEDURES a. The Town Board shall have the authority to
var? or wmve the application of any provision o£this Local Lax;, in its legislative
discretion, upon its determination, that such variance or waiver is required to alleviate an
extraordinary hardship affecting a parcel of property. To ~ant such request, the Town
Board must find that a variance or waiver will not adversely affect the purpose of this
local law, the health, safety or welfare of the Town of Southold or any comprehensive
planning being undertaken in the Town. The Town Board shall take into account the
existing land use in the immediate vicinity of the property and the impact of the variance
or waiver on the water supply, agricultural lands, open and recreational space, txu-al
character, natural resources, and transportation infi-astrucmre of the Town. The
application must comply with all other applicable provisions of the Southold Town Code.
WI:[EREAS the Town has hired a "moratorium group" consisting of in-house and outside
planners and attorneys who are working on a "Comprehonsive Implementation Strategy" of the
Comprehensive Plan of the Town of Southold and certain comprehensive planning currently
being undertaken includes, but is not l/mited to a 80% preservation of open space throughout the
Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a
possible Transfer of Development Rights component (a full description of the "action" is set
forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive
Implementation Strategy which is incorporated by reference into this decision); and
WItEREAS the Planning Board of the Town of Southold has reported that no portion of the site
Mll remain open space; the proposed use may have a significant impact on the transportation
infrastrncture in the area, including an effect should evacuation of the Hogs Neck peninsula be
necessary; the application may have an impact on the natural resources in the area, including an
effect on wildlife as clearing of a large portion of the property will be necessary; the application
does not fi~lly support the preservation of rural character; the application will adversely impact
wooded open space: the Plamting Board has required a Generic Environmental Impact Statement
(GELS) for the Hog Neck Penh~sula and the application could be deemed as prolfibited
"segmenting" according to SEQP~:k; and
Vv'HEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary
hardship pursuant ro the criteria; and
WItEREAS the Town Board of the Town of Southold finds that the application fails to meet the
goals of preservation and planrfing being undertaken and reviewed by the "moratorium group";
and ~
WVlI~REAS the waiver application, if approved, could have a serious detrimental Lmpact on the
extensive and exhaustive comprehensive planning currently being tardertakem by the Town; and
WHEREAS based on the application, al/relevant documentation, the comments set forth at the
publ/c hearing, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth i~ Local Law No. 3 of 2002 and extended by Local
Law No. 3 of 2003, Section 6. Appeals Procedures, the applicant has failed to meet its burden
pursuant to the criteria; and be it
RESOLVED by the Town Board of the Town of Southold that the application is hereby
denied.
Elizabeth A. Ne~dlle
Southold Town Clerk
M~. John .I- ~o~
~ 5785 N. Bay'riew Rd.
Mr. Joshua Y.Horton,Supervisor
The To~rn of Southold
Southold Town Hall
53095 Main Road
Southold,N.Y.11971-0959.
February 26,2003.
Dear Mr. HORTON,
The Town Board Meeting last night (Feb.25th)~was int6r~sting,
informative and well attended. The Board Members have the pro-
verbial patience of Saints to listen and go through it all..
You all deserve a lot of credit for the outstanding task you
all handle so well.
I had planned to voice my comments to Mr. Zoumas request for a
"waiver"to the Town's Extended Mora.torium,via his attorney,
especially after hearing him state to the effect,Mr. Zoumss
will agree to build.on 5 acre lots instead of the present 2
acre,provided the Board will approve a waiver within 15 days..
I considered this statement ludicrous and unbecoming ,and Mr.
Zoumas should be ashamed of himself for even having his attorney
repeat it for him.
My comments were similar to those who spoke,bu$--~mpha~lzing
the availabilty and adequacy of fresh water,that I beleive is
vital to the area,as well as any others.
Mr. Zoumas attorney stated that the SUFFOLK COUNTY WATER AUTHORITY
(SCWA) has sufficient water to handle the major 22 house develop-
ment.~sincerely question that statement (See per attached)..SCWA
talks about.tapping wells West of Riverhead and the Pine Barrens
in order to provide future water to the growing demand of the
North Po'~ - Town of SoufholC' .i have heard this from others,
and therefore,I~uestion this statement.
In conclusion,The TOWN'S E/q!ENDED ~[ORATORIU~ is still in place for
a good and valid reason. There should not be a waiver of this
important edit.Moreover,there should not be major building
development in Southold until these vital factors are resolved,
(fresh water,conbamination,traffic,wildlife,etc..).I realize
these are difficult factors to resolve,but they must be.~uilders
build,make their earned profit and leave. Southold citizens
remain and live with ~hatever the p~oblems they may have caused.
I appreciate your interest and all
';.' ',IN OF SODThOL~
you do for Southold's citizens.
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 25, 2003
8:05 P.M.
HEARING ON THE APPLICATION REQUESTING A WAIVER FROM THE PROVISIONS OF
THE LOCAL LAW ENTITLED "TEMPOIL-kRY MORATORIUM ON THE PROCESSING~
REVIEW OF, AND 5'Lad~LING DECISIONS ON THE APPLICATIONS' FOR MAJOR AND
MINOR SUBDIVISIONS .~ND SPECIAL USE PERMITS AND SITE PLANS CONTAINING
D;VELLING LqNIT(S) IN THE Tov~qN OF SOUTHOLD" FOR THE MAJOR SUBDIVISION
OF ZOUMAS AT BAYVIEW, SCTM #1000-79-4-17.14 AND 17.17.
Present:
Absent:
Supervisor Joshua Y. Horton
Councilman William D. Moore
Councilman Craig A. Richter
Councilman Jolm M. Romanelli
Tox~m Clerk Elizabeth A. Neville
To~m Attorney Gregory A. Yakaboski
Justice Louisa P. Evans
Councilman Thomas H_ Wic -kham
COUNCILIVLAN ROMANELLI: NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold hereby sets 8:05 p.m, February 25, 2003 at Sonthold Tox'vn Hall, 53095 Main Road,
Southold, New York, for a public hearing on the application requesting a waiver from the
provisions of the Local Law entitled "Temporary Moratorium on the Processing~ Review of, and
making Decisions on the applications for Maior and Minor Subdivisions, and Special Use
Permits and Site Plans containing dwellin~ unit(s) in the Town of Southold" for the major
subdivision of Zoumas at Bas~'iew for the parcel identified as SCTM# 1000-79-4-17.14 and 17.17.
(The project known as "Harbor Lights Section 5" contains frontage along North Bax~qew Road
and Anchor Lane in Southold).
In this file, I do have affidavit that it was posted in our official paper and posted on the bulletin board
right here in Town Hall. There are some correspondence, aga'm, which I kd~ow all Board members
have seen and gotten copies of. I believe that that is it.
SUPERVISOR HORTON: We will offer the floor to members o£the pubhc that would care to address
the Board on tiffs specific public hearing.
DA¥ID YAFFE, ATTORNEY FOR THE APPLICANT: Good Everring, my name is David Yaffe and
I represent the applicant. My client is Zoumas Contracting Corporation and the President, John
Zotnnas is here in the back on behalf of the application as well. As you indicated, this is an applicatiun
for a variance and or a waiver on the moratorium imposed by Local Law #3 of 2002. The application
February 25, 2003 2
Zoumas Waiver
was filed with the Toxx:n back on November 8, 2002. It is my understanding that the six month
moratorium originally imposed by this law on August 13 was scheduled to expire on or about February
13 but that the Board recently extended the moratorium for another six month period, bringing the
moratorium to a full year. I want to give a little background to the history of this little parcel because I
think it helps to put this application in its proper context. The applicant ox~ms approximately 48 acres
of land at the Ba3rview Subdivision, known as Harbor Lights, Section 5. The present applicable zoning
for the property is two acres. The property is surrounded by four fitly developed residential
subdivision which were btdlt by Reese Development, mostly on ¼ acre lots and none on lots of more
than 1 acre. It is not fmxnland, it is wooded property. It is also not waterfi:ont property, it is also not
on or adjacent to State Road 25. The subject parcel is the remaining piece firom the Reese hold'mgs and
was purchased by Zoumas Contracting Corporation through a purchase contract dated August 4, 1999.
In November 1999, more than 2 ½ years before this moratorium was enacted Zoumas submitted its
subdi¥ision application to the Town Planning Board, proposing to subdivide into approximately 22 lots
of no less than two acres each. At that time, even though the property was adjacent to Town Road,
Nmlh Bayview Road, the Planning Board told Zoumas to develop the property by utilizing the private
roads in the surrounding subdivisions. Worldng in an effort to meet the PLgnnhlg Departments
instructions, Zoumas explored development on the private roads. However, at that time, the status of
the oxvnership of the roads was undecided and ultimately, Reese sold these private roads to the
homeowners associations, who thereupon refused to grant Zoumas the ability to use those roads. This
exploration took approximately 18 months of time. After the homeowners associations said no, the
Planning Department told Zoumas to go back, revise his plan to use the adjacent toxxm road. He
quickly did that and submitted his new plan to the Plarafing Board, hoxvever, he was then faced with
another hurdle. The Town Planner had left the employ of the Toxvn and no person was re-hired to fill
that position for approxhnately an eight month period. Another eight months of thne was lost,
throughout this period Zomnas was trying to get some movement on his subdixdsion application but
nothing was taking place. Then finally, despite the fact that the Plamfing Board never previously made
a SEQRA determination on the property, as is required by SEQRA. Such a determination h as to be
made at the earliest possible point in time, which would and should have been when he originally
submitted his subdivision application in November of 1999. 'l~aey made a SEQKA determination May
13, 2002, 2 ~g years later. They issued a positive declaration for the project. Then on or about June 24,
the Planning Board adopted a resolution requiring a generic EIS for Hogs Neck Peninsula and it fixed
August 15, 2002 for the date for a Scoping session for the generic EIS. I-Iowever, two days before that
scoping session, this moratorium was enacted for the first time. The Local Law, which enacted the
moratorium, has in it four stated objectives. They are contained in Section 1, the propose of the law,
and I would hke to read them into the record. The four guiding plamffng objectives of the Town of
Southold are: i. The preservation of farmland and agriculture. This again is not agricultural lands or
fam~land 2. The preservation of open space and recreational space. T/ds is not recreational space.
Arguably, portions of the wooded area could be deemed open space but I x~411 get to that in a moment.
3. The preservation of the rural, cultural, cormnercial and historical character of the hamlets and
surrounding areas. Well, this piece ofpropel~y doesn't fit into that category, eith~. It is completely
surrmmded by residential developments. 4. The presentation of the natural environment. I submit
that the preserYation of the natural envirolm~ent would be the subject of the SEQRA review, if this
honorable Board allows the SEQRA process to now proceed because the moratoritun stops all
consideration of any aspect of the application. So it would appear that the applicant meets those fottr
concerns. In Section 6-a of this Local Law authorizes tiffs Board to grant a waiver or variance of the
moratorium if it determines that the waiver or the variance will not adversely affect the purpose of the
Februm3~ 25, 2003 3
Zonmas Waiver
Local Law, tile purposes which I have just gone into. In connection therewith, the Town Board shall
take into account the existing land use in the immediate vicinity of the property, the impact of the
variance or waiver on the water supply, agricultural lands, open and recreational space, rural character,
natural resources and transportation irr~astmcture of the Town. I respectfully submit that the approval
of a moratorium variance or waiver to this subdixfsion is well in keeping with each of these
considerations. It is appropriate in view of the considerable lengthy delays this project has already
suffered. The applicant did submit a letter to the Board in making this request and I ask that this be
considered part of the record in trams of its establishing of compliance with these various areas that are
looked into in considering whether to grant a waiver or not. But I will just repeat some of them,
existing land use in the immediate vicinity. I don't want to beat a dead horse, here but...
SUPERVISOR HORTON: Sir, there are several people who would like to ad&ess the Board on this
public hearing and [ wotdd like you to certainly get all of your points and concerns on the table, do you
have much more to share? If you do, what I will do is turn the floor over to the public and come back
to you for the completion.
IVlR. YAFFE: I actually have a little bit more to go and then I will be done. So, I have already talked
about the existing land in the i,muediate vicinity, I won't repeat that. In terms of water supply, I am
advised the Suffolk County Water Authority has performed several deep and shallow tests of water
availability on the site and has detemfined that there is sufficient water at the site, not only for the
houses that are proposed to be developed but for the entire neighborhood. And in terms of
transportation inlSastructure the increase in velficular traffic in this area based on the mere addition of
approxhnately 22 homes is not expected to be significant. But that of course, is an issue that would be
addressed as the subdivision approval process goes forward. Again, I am just shnply trying to get a
xvaiver of the moratorimn as it affects this property and of course, it would be considered and reviewed
and mitigated to the extents required by law. Finally, Mr. Zoumas has advised me that he is agreeable
to accepting an approval of the variance waiver application as long as that approval is conditioned
upon a.requirement that he amend his subdivision plan to provide for the development of the property
in five-acre lots instead of two-acre lots, provided that such waiver variance is granted promptly and
by promptly I submit 15 days witlfin the date of this hearing and such approval contains a direction to
the Planning Board to act upon the application in an expeditious manner. This amended subdivision
plan would contemplate approximately nme five-acre lots x~dth each lot incorporating the...
SUPERVISOR HORTON: Sir, is that a plan that is part of the request that is currently before the
Board or is this ....
MR. JAFFE: I am sa3~ng that...
SUPERVISOR HORTON: lfit is not part of the current waiver request..
MR. J,~FE: I am saying that the applicant would accept a waiver conditioned upon him filing such a
subdivision plan..&nd such amended subdivision plan would contemplate nine five-acre lots with each
lot incorporating the open space created as passive space. We envision that these would be secluded,
private parcels. In this maturer, the already minimal impact of the development of the property would
be further &amaticallyreduced. Also, such self-imposedupzoning of the property xvould accomplish
what I believe to be all of the issues now being considered by this Board in co~mection with the
February 25, 2003 4
Zoumas Waiver
moratorium. In addition, xve expect that it would remove the property from the generic EIS ordered for
flogs Neck. And I would now cede the floor to public comment.
TOWN CLERK NEV1LLE: Mr. Jaffe, may I please have a copy of the transcripts that you read from
for the record, please?
TOR TORKELSON: My name is Tor Torkelson, I am a resident and also a local builder. I xvould like
to address some concerns that we do have. One is that he said that it doesn't affect the area. One of
the reasons for the moratorium, the hearing that he was talking abottt was stopped becanse of the over-
development of Hog Neck. Personally we go out and buy our own feed to feed the animals. There is
more than I;¢,ro-dozen deer, almost any type of animal that you can think, of that resides/n that area. It
is not typical of builders to realize that there is wildlife and any kind of impact that he is talking about
will affect, vet3~ negatively, our en~'ironment and our quality of life. If he says that everything around
it is housing, that is the problem we have in tiffs Town_ We are build'rog up everything. And tire-acre
zoning, what you are doing is talcing all the woods and you are going to develop all of it for the sake of
nine people who have 2 or 3 million dollars to spend. I bought my property realizing that somewhere
down the road, there may be a cluster of homes in one place, geenbelting in the other. Some things in
the Toxxm have changed, what used to be considered two-acre is now one-acre because it is green
belted somewhere else and somebody else has got to shredder the responsibility for that. The
moratorium is in place so we can take a hard look at where xve are in this Town. We do have
tremendous over-development in this Town, Hog Neck especially has beets over-developed and that is
the reason that he says it won't negatively impact because it is akeady developed too much. fie is
using that as an example to say why it is not going to be negatively impacted. You have people here,
the moratorium was called because of the over-development and people are getting scared. We are not
here to blame the Toxvn. The costs of the property has gotten so out of hand that people are just over-
building this area and if we don't stop and take a look and make real, hard decisions and give good,
clear answers to the problem before we go ahead, we are going to have, it is going to turn into where I
grew up in Huntington_ Where Huntington was like Southold before, where we did have our woods
that we used to walk around-that we don't have anymore. And if woods aren't worth protecting, what
is? In this neighborhood. I can't see hoxv it cannot negatively impact the area. I have seen
tremendous amount of development. As you drive Hog Neck, everywhere is being built up. And at
least we were figuring that we would have a little time to make some hard decisions on where we want
to go and I think tiffs thing, a major subdix4sion, is something that should not go fonvard. And to
throw a carrot out at the end and say that we will accept five-acre zoning, is going to do as much
damage as t~vo-acre zoning is going to do. It is not like the association is working against him,
Zoarnas or any builder. Everything has been behind onr back. We have never had one meeth~g where
they haxre come and talked and said what their plans are and their desires. And our desires, like
everybody else, to live in a somewhat rural community in New York on Long Island_ Which is why I
moved out here. So, I would request that this not be granted at this time and we honestly as a Town
take a serious look at where we are going as a Town and decide at what cost are we moving forward.
Thank-you.
SUPERVISOR HORTON: Thank-you, sir_ I ask that members of the public that do address the Town
Board, that you do state clearly your name and place of residence into rise microphone so that it is
recorded in our record.
Febrttary 25, 2003 5
Zoumas Waiver
GWEN SCHROEDER, NORTH FORK EI~TIRONM2ENTAL COUNCII,: Hi, Good Evening. Gwen
Schroeder, North Fork Em4ronmental Council. I just want to sa3r to Mr. Yaffe that 22 homes, it is
estimated that each home generates between 8 and 11 car trips per day so that could be up to 244 car
trips on that infrastructure of those roads. I am glad that Ivlr. Yaf£e brought up the whole process, if
you remember, when the Town's principal planner and the Plamting Board Chairman crone to you and
recommended instituting this moratorium, they used Hog Neck as a ease study. At that time, there
were at least 7 pending subdix4sions that if they were granted, as applied for, would result in 67 new
homes. He is fight, subsequently, the Planning Board did issue a positive declaration but it was in the
context of three surrounding subdivisions. ,amd that is what SEQRA is supposed to do, look at the big
picture and not segment the affects on the environment. So, that happened on May 13, subsequent to
that the Toxsm decided, the Planning Board decided to institute this generic em4ronmental impact
statement and as Mx. Yaffe said that was stopped because the Tmxm Board instituted the moratorittm.
So none of those issues, those critical environmental issues, trees make oxygen, my family ex, ms
property in the Hogs Neck area, there are red fox, teeming with wildlife, bird life, there is wetlands in
those woods. To say that it is not ~;table and worthy, is just wrong. It is not farmland but it is open
space and that is important, too. And i would just say that I understand that Mx. Zoumas has had some
delays but if anybody takes a walk into the Building Department and looks at tixeir log book of how
many building permits have been issued in tiffs Town, Zottmas' name comes up about every six
applications. So, [ am sure that he was busy during those times that he was held up with the Plamfing
Board. Thank-you.
JOE RISTUCCL&: I would hke to say thank-you for letting me speak here this evening. My nmne is
Joe Ristuccia, I am here because I happen to live in that area. I live on North Bayxqew and Ships
Drive, which abuts on Anchor Lane and I am very much involved in what is happening here Unlike
the esteemed attorney that is representing h/h-. Zoumas, I would say that he does not really have an idea
of what is happerfing in this Town because he doesn't live here. He is somebody that is a hired gun
and he makes these statements but I have been living here for 17 years not too much in terms of some
of the people who live here but 17 years is still 17 years. [ have lived here as long as I have been
retired. I would just like to say a few things about that. I have spent those summers where I live, and
it is a beautiful place as a mattar of fact, eyedr occasional six months or so Newsday puts an article in
their paper about bucolic Southold and I can remember seeing articles about bucolic Bayview. That is
the section we live in. And this is where this particular request for the waiveris being made for, in this
40-acres. And I can tell you that last sununers when we had a drought, I resisted putting on my
sprinkler system because it impacted everyone else in the area. And I realized that if we did an~hing
like that, I would be httrting myself, ultimately. Thm~ goodness, we have al/that snow now and we
don't have the problem of drought but we did have one last year, so water is an issue. Even though he
says that water has been brought in by Suffolk County. But still, in the aquifer, this is a low recharge
area and you have to appreciate that we here have a special enviromnental problem with water. But
let's get back to traffic, where I live in the sttmmer time, it triples, the population triples or quadruples
in terms of people that come out here lbr there summer homes and they have their children coming in
fi-om colleges and things like that and the accidents that happen on North Bayview and Anchor Lane
are numerous. That is without tiffs particular development taking place. And we are talldng about the
impact of traffic, I think is going to be inordinate. So when you take the traffic and you take the
problen2 of water, and then )wu take other environmental impacts on this particular development.
think we are going to be faced with some very, very difficult things in the future and I think Ivlr.
Torkelson made a very compelling argument, that this place is over being developed and consequently
February 25, 2003 6
Zoumas Waiver
we have to adhere to the moratorium that we put in place for six months and then we extended it for
another six months. I think that we have got to take a little bit of a different look at that and I think
that there is enough people here, somehow or another, that is what is great about this Tox~, I happen
to love Southold. Whenever there is a real hot issue, it is standing room only. Because people fight
now are really angry about what is happening here with Zomnas. The young lady that spoke before
me, she says all you have to do is go look at his applications. They are so numerous, this guy has got
his mark on tiffs Toxxm and he doesn't even live here. And neither does his attorney. So, I think what
we have to do is to put our brakes out on this guy and we have the moratorium for another six months,
I think that we need time. I thank you for listening to me.
CARL DELITERIS: Hello, my name is Carl Deliteris and I live in the Ba3a4exv area and I have two
points. One was to reiterate the point that I made when we had the meeting on the moratorium. As this
gentleman who was a builder had spoke, I am the ox~mer and operator of Carl's Custom Painting.
More houses mean more work but not necessarily a better quality of life. That is one point. My other
point is, I don't know if the Board, each and every one, I would like them to personally consider a
safety factor. The Bayview area has two ways out. During a storm, you have no ways out. hx todays
thnes, you might all look to get out. You could have a plan in place, the North Fork and areas like this
have water. Plans could be put in place. I submit to you that each and every one of you need to think
to think of the safety first. When there was a storm, I beheve about 10 years or so ago, Bayxdew was
not able to leave. It didn't take that long for it to go down but we were lucky. Bnt there are other
things that could happen where you need to evacuate, whether it be Connecticut or Manhattan, I think
that you need to think about it. I think it is your personal responsibility before you put more people in
the Bayview area or any other area like it, that has a problem with evacuating the area, you need to
ttfink about it. People are beh~g held responsible in Rhode Island right now. You personally could be
responsible. If there is over-building and no way to leave when you need to leave, it is your job to
think about that. I would ask ~very one, has anyone thought about that? You have? So you came up
with a solution?
COUNCILMAN ROIvl)2qELLI: Not as a solution, you asked if we thought about it, yes, it is an issue
that is considered on the whole Bayview section.
MR. DELITERAS: Okay, ~vhen somebody goes to fix a dock. It takes two years to get a permit. Mr.
Zoumas puts up houses like they were cookies. I thhik that if you really thought or' a plan, the North
Fork is very unique that it does have water, there is a lot of boats here. You conld seriously put a plan
in effect, instead of making it incredibly difficult to put in slips and marinas and things, you might to
want to make it a lot easier now becanse these plans are something that you could consider. It is part
of home security, it is part of a lot of things. I submit to you that you need to consider the safety
factors. The Bayview area is tmique. It gets cut off easily I thank you.
ED SCHWINN: Good evening, my name is Ed Schwinn. I live in Southold. [fi may read a letter and
I thank the Board first of all for giving us this hearing and this opportunity. My wife and I reside year
round at 5425 North Ba)~'iew Road and have been there for 17 years. We have been on the North
Fork for the last 44 7years. Not long ago, we attended a Board meeting, August 15, 2002, were a six
mouth moratorium was enacted to curtail any further subdivisions. I understand it was re-instituted on
February 15, 2003 for another six months. Wh3r then is the Board even considering a waiver on the
moratorium? I believe that the purpose of the hearing is to provide all of the affected property ox~mers
February 25, 2003 7
Zoumas Waiver
an opportunity to voice their feelings, opinions and possibly their objections to the subject being
brought up at the hearhig. It is a well known fact that a great many of our families in the Bayview
area, perhaps more than half, go south for a good portion of the winter. Especially this winter,
February is known to be a get away vacation month as well. My wife and I, and I am sure many, many
other families feel that a moratorimn is a moratorinm and a waiver should not even be considered.
Especially at a time when so many of the affected cannot be present to participate. We still have all
these very serious concerns, first presented six months ago which I bel/eve helped persuade the Board
to institute the moratorium. Namely, the effect of the multiple homes and families on the water table,
its purity, its availability, the seepage of sewage as well as pesticides into it. 2. The increase of traffic
on our very busy streets and narrow roads. 3. Increase the loads o~a public school systems. 4. The
flora and fauna of the breeding sanctuary being destroyed. 5. The water runoff into the nearby Goose
Creek. We ask the Board, please, do not grant this waiver, it might very well encourage other
developers to copycat. Thank you for ymtr patience and understanding.
JOHN DAMICO: Johil Damico, I live in the Bayview area. 1[ would like Mr. Zottmas to tell us what
benefit are we going to derive fi:om these 22 homes that he wants to put up. I don't think he should be
allowed to put any homes up I am just going to reiterate what everybody else has said_ I would like to
know what benefit we are going to derive fi:om these 22 homes? The cormnunity and the To,ha of
Southold itself. Thank-you.
FLORENCE EVANS: My name is Florence Evans and I live in Harborlights. I just want the records
to be corrected of Mr. Zoumas, that the houses that are in existence ha the other four phases in
Harboflights were built on ¼ acre, ½ acre or 1 acre. That is not so. i was treasurer of the association
for seven years_ I know every o~vnar that built on every piece of property up to this point_ They was
never a house built on a ¼ acres. Don't bring us dox~Tt to that level or make us feel that now we have
lxvo acre building, tiffs is wonderful. Anything else has been covered by everyone else. But I feel very
strongly that there should not be a waiver given to Mr. Zoumas to build, as Mr. Wickham says,
monster houses_ Thank-you.
JOHN ABEL: My name is John Abel, I live on Windjammer Drive in Harborlights section. I would
re'ge the Board to reject this request for a waiver as soon as possible, it is an incredible situation to me,
the developers come in fi:om out of town, build speculative housing, they create the problem. The
Tox~m votes a moratorium to try to solve the problem and the builders come right back and say forget
it, give us a go ahead. It is incredible what they do. This is not the only project that Mr. Zomnas is
planning in Bayview, there is one across the street on the North Bayview attd North Bap, Sew
Extension, that is another one that is going to be another 18 or 20 houses, there is another one planned
for one by Paradise Point, he already has )mgel Shores by the General Wayne Inn where I would guess
20 to 25 houses now If you want to see the future of Southold, that is it. I think that we have to keep
open space in the To~xm of Southold and I think that this particular parcel of 48 acres is a good place to
start. If you look at the map of Sonthold out in the hall there, it is out of date, there are a lot of open
space on it, most of those open spaces are gone now. Angel Shores is gone, Jacobs Lane is gone, IVlr.
Zoumas wants to take the rest of it off the map also and I say enough is enough and I think that we
have to stop. Certahtly we haYe to consider the enviroiunental impact, the whole reason, just before
the moratorium was imposed, we were going to have an environmental review of the entire Hog Neck
Peninsula, the Bayview peninsula. Obviously, if this waiver is granted, Mr. Zomnas can go ahead and
build even without this enviromrtental impact study. It is late, it is late in the day but I think that the
February 25, 2003 8
Zoumas Waiver
Town has to do everything it can to maintain open space. There are other ways to treat this property.
You can do a conservation subdivision, leave most of the space open and just have five or six houses
on the land and I am sum that Mr. Zoumas would still make money on it. Thank-you.
MELANIE NORDEN: Melanie Norden, Greenport. Tlzis is just an observation. I must say that [ am
in listening to this, totally appalled by the arrogance of both the developer and his legal representative,
in thinking that making a presentation to this Board, which is a very honorable Board, that the
developer thinks that we can make a deal. If two acre zoning doesn't work, we x~41l just change that to
five acres and oh, by the way, our five acres is only on the table for 15 days so you had better grant the
waiver, or else. I mean, who would talk to a respectable, elected Board in the Town of Southold like
that. Who has that level of arrogance, so on behalf of the Board of the Town of Southolck I think an
apolo~, should be in order.
JOAN TYRER: Joan T3zer, I have lived in Bayview for about 45 years and I don't knoxv if it makes a
difference the way that you are thinking but that xvhole property, Meadow Points property, is what that
whole Itarborlighis area was called and it was fanned. I don't know who else, except me, how many
older people are around who remember it but it was fanned. Captain Alexiades was a Greek shipping
captain who bought the big white house down there and farmed that property for a couple of years. It
wasn't successful and he sold it to Reese. But if it matters in your scheme of how to preserve the
property, we xx411 dig up some more proof.
LARRY WALSER: My name is LaiTy Walser and I live on the Bayview area also. 1 have to agree
totally xvith all those who have stood up and spoken out but specifically I want to comment that Mr.
Yaffe has met the btu:den of proof to pnt aside the moratorium. His comments about the delay are
really irrelevant in terms of time and investment since I don't believe that it is the Board's jurisdiction
to decide that investors make money on their initial investment. Secondly, as other people have
alluded 'to, there is a large area of open space, which most have considered rnral, that there are
enviromnental issues, there are transportation issues that have been discussed and the water issues are
obxdously a major concern. I am not sure that he or any other developer will be able to gnarantee that
their land use will not adversely affect the water presently in that area. Furthermore, those people that
have spoken now hopefully will return when the moratorium is complete because their issues and the
issues of the other developers Mll continue to go on. But specifically, I do not think that Mr. Yaffe
has made a strong, compelling ar=manent to allow an exception in this case_ Thank you.
JOHN KENDALL: Thank-you, my name is John Kendall Rom Goose Creek Lane, I am up in that
same North Bayview area. I feel that the single and separate lots that you have within the Town here
which will probably go forth for building construction, small sites, would by themselves, impact this
Town drastically. Because you can figure that you would have five occupants per house, possibly
more and that means that you would have a tremendous traffic problem and of course, 3rour fire
department is larger, your police department is larger, your schools have to be improved to take care of
these extra people and all of your facilities are going to be impacted and the cost Mll rise. Over in that
particular area, or in the Goose Creek area, you find that there are people there that have 15-foot wells.
They don't go dox~m any further because they are fight near the shore and sewage seepage could go in
and do quite a bit of harm and cause a lot of arthappiness. I think that this Town is just as big as it
should be and i am regetful that it is as big as it is and there a lot of people that are out here that are
not angry, they are scared. To see this thing go any further, to see any large development of any nature
February 25, 2003 9
Zoumas Waiver
go forth is to see all of the rural aspect of this Town sloMy diminishing until such a time occurs,
maybe 10-15 years down the road when you are going to be looking at a Middle Island all over again.
And you are going to be looking at probably a lot more problems in the Tomm as regards safety and
vandalism and etc. etc. Things are going to change. I don't see us going forth with may developments
in the future. I wish that you would deny this gentleman his request. And xvhile we are in a
moratorium and to rant any exceptions to the fact seem to be counterproductive to me. So, thank-you.
JAMES SPEES: My name is James Spees, I mn a resident of Harborlights and also the President of
Harborlights homeowners association. Not to repeat the sentiments that have been expressed by my
neighbors so far, I think I speak for all the residents in my association when I say that we are generally
opposed to any waiver of the moratorium on this issue. It is a lot to be considered, there is a lot to be
considered and I think the Town Board would be well served by using the additional time period to
consider those issues. Just to set the record straight, however, tiffs apphcation is sometimes
character/zed as being Harborli~ts 5. This developer has no connection x~'ith Harborlights
association. Harborlights was a development tlmt was done by the various members of the Reese
family in four separate stages, we oxsm our own beach, we o~m our own park areas, we o~sm some of
our oxxm roads and I think the attempt to characterize this apphcation as Harborlights 5 is an attempt by
the developer to try to bootstrap or ride the coattails of the existhig Haraborlights community. I was
involved in tlie acquisition of the private roadways by the homeowners association, I was also hivolved
in the negotiations which basically denied the developer access to tliose roadways for the purpose of
developing that property which is now the subject of this application. We have no connection with this
developer and in essence, we object to this subdivision being called Harborlights 5 as a member or part
of the existing Harborlights subdivision. Thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Toxsm Board on this public hearing?
(No response) Do the Board members have anytlffng to add?
COUNCILMAN MOORE: The Town Attorney has recommended no decision on this.
SUPERVISOR HORTON: ~Vhile we are still in the public hearing, I ~vill convey to the public that is
here that it has been the advice of our legal counsel to do a proper determination on this which ~,ill
include legal findings and incorporate all of the input that was ~ven here tonight by the public in
issuing a final determktation on this. We have a work session March 4 at which we will discuss this
and the next scheduled is Mamh 11 at which point we will hold a vote on the determination of this
waiver. I appreciate your input on th/s, it will be incorporated into the record and for the entire To~m
Board to review, so thank you for all that you have contributed to tiffs this evening_ We will close tiffs
public hearing.
Southold Toxma Clerk
DAVID N. YAFFE
TODD A. KN.A. UEK
RECEIVED
Februau~_l,2003
2003
VIA FACSIMILE & FIRST CLASS MAIL
Elizabeth A. Neville, Town Clerk
Town Hall
53095 Route 25
P.O. Box [179
Southold, NY 11971
Zoumas Contracting Corp: - Ba)wiew Subdivision
Request for ¥ artance/lk an'er fl om Moratorium
Deai-Ms. Neville: . .. -. . . : '"-- ' '"'"
This firm represents Zoumas Conn-actirig Corp. with respect to the above-
referenced request for a waiver fi'om the moratorium provisions of Local Law No. 3 of
2002. I appeared and spoke on behalf of the application at the Toxxm Board hearing held
on February 2a, 200o. Without waiver and with full reservation of rights, I write to clarifi'
the record in response to certain comments made by members of the public at the hearing.
First, according to w.,y count, approximately ! 2 members of the public spoke
in opposition to this request for awaiver. Of the nine people who actually identified where
they live in this vast town, ev~? single one of&em indicated that the}, live in the developed
residential subdivisions which border upon, adjoin, or are adjacent to the subject property.
In other words, and quite ironically, the), are the ones who live in the densely developed
homes in the neighboring Harbor Lights Sections 1- 4 developments and the Ba?iew
Woods Estate development. The vast majoria,' of these densely developed homes were
constructed in the 1960's, before the enactment of the State Environmental Quality Review
Act, and were therefore conswucted without consideration of the enviromnental, archeolog-
ical, and other related concerns addressed in that statute, and without consideration of the
four guiding planning objectives of the Town mentioned in Local Law No. 3 of 2002.
H?QvlBUP, GEK, MAXSON, YAFFE, WISHOD (_4 KNAUER. LLP
ATTORNEYS AT LA'W
Elizabeth A. Neville, Town Clerk
Febmary 27, 2003
Page 2
During the hearing, Mr. Tor Torkelson, a resident of one of the neighboring
Harbor Lights subdMsions, represented that Zoumas was proposing to develop and/or cut
dotxm the trees on every square inch of each lot. This representation is completely incor-
rect. Under the auspices of the Planning Department, an)' ultimate development would
take place on isolated portions of each lot, in accordance with governing Town Code
requirements.
Mr. Carl Deleteris, a resident of the neighboring Harbor View development,
raised issues concerning access to and from Hogs Neck. Such issues have nothing to do
with the traffic concerns identified in Local Law No. 3 of 2002 (i.e., traffic on SR 25). The
subject property is not on or adjacent to SR 25. In any event, alleged traffic issues would
be addressed under the auspices of the Planning Department during its review of the
subdMsion application.
Mr. John D'_-Lrnico, a resident of the neighboring Bayview development,
asked what benefit the neighboring homeowners would derive fi'om the proposed subdivi-
sion. I respectfully submit that there exists no requirement that this development, or any
development for that matter, "benefit" the neighboring homeo~mers. In an)' event, among
other things, the influx of new residents who transact business and shop in town "benefits"
them and the community at large, the influx of new residents adds to the tax base and
"benefits" them and the community at large, the availability of construction and related
jobs at the premises "benefits" them and the community at large, and the influx of contrac-
tors and subcontractors buying gas, buying lunch, and shopping in totten "benefits" them
and the community, at large.
Mr. Janxes Spiess, the President of the Harbor Lights homeowner's associa-
tion, confirmed that he was involved in purchasing the neighboring private roads and in
deuying permission to Zoumas to utilize such roads for access to the proposed develop-
ment. It was these machinations that delayed the development by the approximately 18
month long period that I discussed during the hearing.
Another one of the residents represented to the Board that Zoumas owns
several other large parcels of land in Southold that it is seeking to subdMde and develop,
and that one in eveo, six building permit applications before the Town Building Depart-
ment is from Zoumas. This is not true. First, the subject property is the only parcel of land'
in Southold that Zoumas is seeking to subdMde. It owns no other such parcels. Second,
HAMBUKGEI~, MAX. SON, Y~FFE, WISHOD (.o' KNAUEI~, LLP
ATTO P~N EYS AT
Elizabeth A, Neville, Town Clerk
Februm3, 27, 2003
Page 3
Zoumas does own a handful of 3/'4 acre parcels of land located in the Town, which it
purchased after the), had been subdMded by others. Third, it has a lawful right to improve
these other parcels of lined. Fourth, and in any event, the issue of whether or not Zoumas
owns other parcels of land in Town is irrelevant, and an), reliance upon such a factor would
be improper.
Finally, it is apparent from comments made by members of the public at the!
hearing, that certain indMduals living in the neighboring subdMsions m-e not only seeking,
to have the Town continue the temporary taking that has already occurred as a result of
the more that three years of delays discussed at the hearing, but that they are seeking to
have the Town permanently deprive Zoumas of all rights to develop its properS,, irregard-
less of its constitutional rights to do so. Without waiver and with full reservation of rights,
such requests should be rejected.
We request that this letter be made part of the record for the instant applica-'
tion, and that the instant application be granted.
David N:Y~[e, Esq.
Greoou? 'f akaboskl, Town Attorney (via facsimile)
Zoumas Contracting Gorp. (via facsimile)
JOHN J.VOGT
5785 N.BAYVIEW ROAD
SOUTHOLD,N.Y.11971
RECEIVED
MR.JOSHUA Y. HORTON SUPERVISOR
SOUTHOLD TOWN HALL
53095 MAIN ROAD (ROUTE 25)
SOUTHOLD,N.Y.11971-0959.
DEAR MR.HORTON,
MAR ,3 2003
Sou~hold Town CJer&
WE NOTICED IN THE FEBRUARY 13~2003 ISSUE OF TRAVELER WATCHMAN
A LEGAL NOTICE(PAGE24A) REGARDING "ZOUMAS CONTRACTING,INC."
REQUESTING A WAIVER IN THE TOWN'S MORATORIUM TO BUILD 22 HOUSES
ON 48 ACRES (SCTM 1000-79-4-17.14 AND 17.17 KNOWN AS "HARBOR -
LIGHTS SECTION 5)..."ZOUMAS IS PRESENTLY BUILDING SEVERAL HOUSES
IN THE AREA NEAR SOUTHOLD'S ~R~Y SCHOOL,SO IT'S NOT LIKE
THE COMPANY IS OUT OF WORK."
WE LIVE IN THE NORTH BAYVIEW AREA AND HAVE A PERSONAL INTEREST
iN}THIS REQUEST FOR A WAIVER AND EQUALLY CONCERN ABOUT THE TOWN'S
GENUINE INTEREST IN FURTHER NEW DEVELOPMENTS WHILE THIS
IS STILL IN PLACE AND UNTIL A COMPLETE REVIEW AND ANALYSIS IS
COmPlETED. OUR BASIC CONCERN RELATES TO ADEQUATE FRESH WATER TO
SERVICE THE..AREA.(OUR SHALLOW WELL RAN OUT OF WATER ONCE IN THE
SI~ YEARS WE HAVE LIVED HERE THAT REQUIRED A NEW ONE TO BE INSTALLED.)
MOREOVER,WE UNDERSTAND THE SUFFOLK COUNTY WATER AUTHORITY QUESTIONS
WH~THER IT CAN SUPPLY ADDITIONAL FRESH WATER TO OUR TOWN-IN-GENERAL.
IN CONCLUSION,WE WOULD APPRECIATE SPECIAL CONSIDERATION NOT TO
WAIVE THIS IMPORTANT MORATORIUM,ESPECIALLY UNTIL THE CODE ETC.
CA~ BE FULLY EVALUATED..A PREMATURE DECISION COULD HAVE AN
ADvERsE AND LASTING EFFECT ON THE FRESH WATER SUPPLY..THANK YOU-.
VERY TRULY YOURS,
~0HN J.VOGT.
CC:MR.BENNETT OSLOWSKI,JR
CHAIRMAN OF THE SOUTHOLD PLANNING BOARD.
!.J.] F,_B ,- I ,"003
Re: Zoumas at Bayview, SCTM #1000-79-4-t7.14 and 17.17
Waiver Criteria, §6 of Moratorium
· EXtraordinary hardship affecting parcel
· Said hardship will not affect health, safety, welfare of Southoid Town
· COnsider the impact of the waiver on the
· Water supply
· Agricultural lands
· Open and recreationalspace
· Rural character
· Natural resources
· Transportation and infrastructure
Location of Parcel · Located in an area that contains a mix of residential, agricultural snd
undeveloped vacant land.
· Dominant land use in area is residential.
· Site is currently vacant land, the majodty of which is wooded.
· Proposed development results in 22 residential lots.
· Parcel is relatively flat, with areas of steep slopes in the northeastern portion of
site.
· Site contains a portion of NYSDEC designated freshwater wetland SO-39, with
an additional unmapped and isolated wetland just north of this feature.
Size of Parcel
· 48.21 acres
Number of Proposed Lots
· Proposed action is to subdivide into 22 residential lots.
· 19 of the proposed lots range in size from 1 15 to 1.82 acrea, with the remaining
lots being 5.54 acres, 10.38 acres, and 5.53 acres.
Current Zoning
· A-C
Amount of Proposed Open Space and/or Parkland
· zero
Percent of Land Preserved · 0%
GREGORY F. YAKAB OSKI
TO.tN ATTORNEY
KATIfL~I~N I~IURRAY
ASSISTANT TO~ ~rN ATTORNEY
PATRICL& A. FI~NEGAN
A~SSISTANT TOWN ATTORNEY
JOSHUA Y. tlORTON
Supervisor
Town Hall, 5g095 ttoute 25
P.O. Box 1179
Southold, New Yurk 1197]-0959
Telephone (631) 765-1989
gu, e g. y aka'b o skii_g~6 t o vm ,s out h o Id. n_~: .u~
kagB_[eelX.l~Ul-r ay~ town.so ut~to Id.ny.us
patricia.finue~an~t o~,aougho Id.ny.us
OFFICE OF THE TOWN ATTORN-EY
TOWN OF SOUTHOLD
· From:
Date:
Re:
Supervisor Horton
Town Board
Patricia A. Finnegan, Esq.
Assistant Town Attorney
February 25, 2003
Moratorium waiver hearings
Attached are summaries of each waiver application scheduled for hearing at tonight's
meeting.
Cc: Elizabeth Neville, Town Clerk
Greg Yakaboski, Town Attorney
FE~3-27-03 THU 03:28 PR
HAMBURGER MAXSON YaFFE
Fa× NO,
P, 01/04
HAMBURGER, MAXSON, YAFFE, WISHOD & KNAUER, LLP
Attorneys at Law
225 Broadhollow Road, Suite 301E
Melville~ New York 11747 RECEIVED
651.694.2400
Fax: 631.694.1376 F~ 2 7 2003
~'AX COVER MEMO
FROM:
FILE #:
David N. Yaffe, Esq.
DATE: Yebrumy 27, 200.3
1814.2 /# OF PAGES (including t~ts one): 4
TO BE SENT TO:
NAME OF PERSON AND/OR FIRM FAX # TELEPHONE #
Elizabet[, A. Neville, Town Clerk 631.765,6145 631.765.1800
Southokl Town Hall
Gregory Yakaboski, Town Attorney 631.765.1823 631.765.1889
Southold 'lbwn llall
John Zoumas, Preside,it 631.929.5071 631.929.4570
~omn:,~ C:cmt,-;arrio?' Corn.
~COMMENTS: [
11.' THERE ARI,; ANY PROBLEMS CONCERNING THE TRANSMISSION OF 'Fl-liS MATERIAl.,
PLEASE (.;ALL:
Kim Catalanotto at 631.694.2400
Thank You.
CO..NFII)ENTIALITY NOTE
The docum~txts accampanying this relecopy traflsmis~io, con:aln i.ffonnat|oa which J$ coniqd..'ntial or pri~tilcgcd.
F~B-27-03 THU 03:28
HhMBURGER M~XSON YRFFE F~X NO, 6~169~76
?, 02/04
HAMBURGER., MAX.SON, YAFFE, WISHOD ~ [Q4AUER.. LLP
A~OP~NE~ AT
225 BP, DABNOI J~ ~DAD, SUrl'~ 301E
631 604.2400
FAx= 631,694.1,376
February 27, 2003
VIA FACSIMILE ge FIRST CLASS MAIL
Elizabeth A. Neville, Town Clerk
Town Hall
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Zounlas Contracti~g Corp. - Bayview Subdivision
Request for Variance/Waiver from Mora1~rium
Dear Ms. Neville:
This firm represents Zoumas Contracting Corp, with respect to the above-
referenced request fora waiver fi'om the moratorium provisions of Local Law No. 3 of
2002. I appeared and spoke on behall'oftlte application at the Town Board hearing held
on February 25, 2003. Without waiver' and with full reservation of rights, I write to clarify
the rccord in response to certain commenls made by members of the public at the hearing.
First, according to my count, approximately 12 members of the public spoke
in opposition to this request for a waiver. Of thc nine people who actually identified where
they live in this vast town, every single one of them indicated that ihey live in thc developed
resld ential subdivisions which border upon, adjoin, or are adjacent to die subject property.
In other words, and quite ironically, they are die ones who live in the densely developcd
homes in the neighboring Harbor l.ights Sections I- 4 developments and the Bayview
Woods Estate development. The vast majority of the~e densely developed homes were
constructed in thc 1960% before the enacunent of the State Envh-onmental Quality Review
Act, arid were therefore constn{cted without consideration of the envlronmeutal, archeolog-
ical, and other related concerns addressed in that s,atutc, and without consideration of thc
four gu/ding planning objectives of the Town mentioned in Local Law No. 3 of 2002.
F£~)-27-03 THO 03:28 ?]I HC~i'IBURGER ]fib×SON Y,~FFE F,~X NO, 6316941376 ?. 03/04
HAMBUP, GER, MAXSON. YAFFE. WI.SHOD ~' ](.NAL[ER, LLP
ATTOPJqEYS AT
Elizabed~ A- Neville. Town Clerk
February 27, 2003
Page 2
Dm'ing the hearing, Mr. Tot Torkelson, a resident of one ofthe neighboring
l.larbor Lights subdivisions, represented that Zoumas was proposing to develop and/or cut
down the trees on cvmy square inch of each lot. This representation is completely incor-
rect. Under the :respites of the Planning Dcparnnent, any ultimate development would
take place on isolated portions of each lot, in accordance with governing Town Code
requirements.
Mr. Carl Dcleteris, a resident of lite neighboring Harbor Vie~ d evelopmen£,
raised issues concerning access to ;md from llogs Neck. Such issues have nothing to do
Mdt the traffic concerns identified itt Local I.aw No. 3 of 2002 (i.e., traffic on SR 25). The
subject property is not on or adjacent to SR 25. In any event, alleged traffic issues would
be addressed under the auspices of the Planning Department during its review of the
subdivision application.
Mt', Johu D'Amico, a resident of the neighboring Bayview development,
asked what ben eric the neighboring houteowners would derive from the proposed subdivi-
sion. I respectli, tIly snbmit that there exists no requirement that this development, or
d cvelopmcn t for that matter, "benelit" the neigh boring hoincowners. In any event, anxong
other things, th e influx of new residents who transact business and shop in town "benefits"
them and the community at large, tl~m influx of new residents adds to the tax base and
"benefits" them and the community at large, tlr, e availability ofcons£ruction and related
jobs at the preinises "benefits" them and the community at large, aud the influx of'contrac-
tors aud subcontractors buying gas, buying lunch, and shopping in town "benefits" them
and the community at large.
Mr. Jatncs Spiess, the President of the Harbor Lights homeowner's associa-
tion, confirmed that he was involved in purchasing the neighboring private roads and in
denying permission to Zomnas ro utilize such roads for access to Ihe proposed develop-
mont. ltwas these machinations that delayed the development by the approximately 18
month long period that I discussed during the hearing.
Another one of thc residents represented to tile Board that Zoumas owns
several other large parcels of land in Southold that it is seeking £o snhdivide and develop,
and that o~/e in every six building permit applications before thc Town Buildiug Depart-
meut is fi'om Zoumas. This is not true. Firsl, the subject property is the only parcel of land
in Southold that Zoumas is seeking to snbdivide. It owns no other such parcels. Second,
FEB-27-03 'TBU 03:2@ PB Hfi~BURG~R Nfl×SON YRFFEF~ NO. 8318@4_j.378 P. 04/04
HAMBUKGER, MAXSON, YAFFE, WISI.-IOD ~ K.NAUEP~ LLP
A1-FOR. N~YS AT LAW
Elizaheth A. Neville, Town Clerk
February 27, 2003
Page 3
Zot,mas docs own a handfhl of 3/4 acre parcels of land located in the Town, which it
purchased after they h ad been subdivided by others. Third, jt has a lawful right to improve
these other parcels of land. Fourth, and itl any event, the issue of whether or not Zou,nas
owns oflmr parcels of land in Town is irrelevant, and any reliance upon such a factor would
be improper.
Finally, it is apparent h-om comments made by members of the public at the
bearing, that certain individuals liviugin d~e neighboring subdivisions are not only seeking
m have the Town contimm the temporary raking that has ah'eady occurred as a result of
the more th at three years of delays discussed at tile hearing, but that they are seeking to
have tl~e Town permanently deprive Zoumas of all rights to develop its property, irregard-
less of'its constitutional rights to do so. Widaout waiver and with full reservation of fights,
such requests should be re. iectcd.
We request that this letter be tnade part o£the record for the iustan£ applica-
tkm. and that tile instant application be grained.
~~~~fVe t.dy Y rs,
David N.~Y'~, Ysq,
/kc
Gregory Yakaboski, Town Attorney (via facsimile)
Zoumas Comracting Corp. (via thcsimile)
lili: MARIN FAMILY
· 1635 Ships Drive
· Southold, NY 11971
vanarin~ out oniiue.net
February 2I. 2003
RECEIVED
RE: Zoumas Construction at Bayview
Southold Town Board Members
P O Box 1179
Southold, N~~ 11971
To Whom It IVlay Concern:
We are writing to you to complain about the constmctiou that Mr. Zoumas is attempting to perform in the
Bay~iew area in Southold, New' York. It was our understanding that the moratorium would protect the area
from further consmmtion for at least a year, while an enviroranemal impact study was preformed It has
been brought to our attention that Mr. Zuomas is attempting to petition to begin construction before the
moratorium has officially ended. This is completely unacceptable to our family. We have lived here for
over twenty years and have witnessed first hand the wildlife and beauty of the woodland behind our house.
This area has se~-qed as a refuge to many species of wildlife and also houses a fresh water pond.
Besides being home to local animals, it is also the place where our children have grown up. They used to
play aud explore the forested area for hours at a time when they were children. Now the childiren of other
families corn/sue to play in the woods and this is the way it should be. The area also needs to be analyzed
for additional environmental impacts the construction may have such as habitat destruction, animal
displacement, and groundwater conmmiantion. The increase in residents in the area will also have an effect
on the amount of traffic, air pollution, noise pollution and an increase in taxes. Another issue to consider is
the effect the amount of new children in the proposed area will have on our small school system. The
school is already facing problems afrer the reconsm~cfion of our schools and this will only increase will an
addition of children to.the town. Southold Town.is becoming increasingly developed, overdeveloped in our
opinion. The proposdd area of construction is one of the last large tracts ox'forested land in the area. and
should be preserved for furore anjoymetu.
The method in which Mr. Zoumas is attempting m petition is e,-m-emaly dex4ous. To aWempt such a
controversial construction, when a majority of the neighborhood is wimefing elsewhere, is an underhanded
and cowardly effort. Please stop this man from being able to begin consh-uction of the Bayview area. If
nor forever, at least until the moratotium has lapsed and an extensive em4ronmental impact statement has
been completed Th~ you for your rime, and please highly consider out concerns as residents of the
Bayview area.
Sincerely,
William. Janet, Alicia and Lalalna Matin
DAVID N. "f~A. FFF, ESQ.
H ~,~.[bURGEE, k ]AXSON, '[gxFFE'
\~ 15HOD ~' KN ',UEK, LLP
R~CEIV~D
2009
I represent Zoumas Contracthrg Corp. Introduce the President of ZoumasS~/h~l~tcll~g-,Cl~rl
John Zoumas, who is here on behalf of the appIicant as well_
Before the Board is mx application for a variance and/or waiver from the moratorium
imposed by Local Law No. 3 of 2002. This application was filed with the Town back on
November 8, 2002. It is tn3' understanding that the 6 month moratorium ori~nally
imposed by this law on August t3, 2002 was scheduled to expire on February 13, 2003, but
that the Board has recently been extended the moratorium for another six month period,
bringing the moratorium to a full year.
HISTORY
The applicant oxcns approximately 48 acres of land at the Ba.wiew SubdMsion knoxcn as
Harbor Lights Section 5. (SCTM # 1000-794-17_14 and 17.17) The present applicable
zoning for the properU, is ~o acres. The property is surrounded by four Mlly developed
residential subdMsions which wer~ ~dlt by Reese Development mostly on 1/4 acre lots and
none ou lots of more than one a~e s~bject parcel, which is the r~maining piece ~om
the Reese holdings, was purchased by Zomnas Contracting through a purchase coutract
dated Au~st 4, 1999. ' / ~ 5~
Section I was approved by the Planning Board in May 1965 (lots 1 - 41) (1/4 acre)~ h
Section II was approved ~n July 1966 (lots 49 - 48)
· , . ' o- - -~- . ,
Secuon Iit ,,as approved m 1968 (lots a, through t t ) (ove0applng numbers)
Section ~' ,,=s filed March 1984 - Clipper Drive - lots 78-83 (larger than 1/4 a='~)_
Section V is now Zoumas (m'o a=e zoning). 'J~
In November 1999, more than uvo and a half~ ears be~re the moratorium w~ enacted,
Zoumas submitted its subdMsion application to the Tox, n Planning Board, proposing to
subdMde into approximately 22 lots of at least 2 acres. At that time, even though the
properU, w~ adjacent to a Town Road (North Bayview Road), the Pla~ing Depamnem
told Zoumas to develop the properU' by utilizing the Private Roads in the sun'ounding
Reese subdivisions. Working in an effort to meet the Planning Department's instructions,
Zoumas explored development through such private road access_ However, at that time,
the stares of the ox,~ership of these roads was not clear, and ultimately, after Reese sold the
roads to the homeo~,mers' association of the developed subdivision, the homemmers'
association reused to let Zomnas use these roads_ Del%'s from this explorauon of access
lasted approximately 18 months.
After the homeowners' association said "No," the Planning Department told Zoumas to
revise his plan to now provide access to the property through the adjacent North Ba)wiew
Road. Zoumas complied and promptly provided the Planning Department with such a
revised subdivision plan. However, he was then faced with a new hurdle. The Town
Planner left the employ of the Town and no person was brought in to fill the position for
a period of approximately eight months_ During that time, no work or review of the
Zoumas subdivision was performed by the Tox~m, despite Zoumas' numerous requests.
Then, despite the fact that it never previously made a SEQRA determination (even through
it is required by SEQRA to make a SEQ1L~. determination at the earliest possible time in
the application process), on May 13, 2002, the Planning Board issued a "positive
decIaration" for the project. Then, on June 24, 2002, the Planning Board adopted a
resolution requiring a Generic EIS for Hog's Neck Peninsula and it fixed Augnst 15, 2002
as the date for a scoping session for the Generic EIS_ However, the present moratorium
was enacted on August 13 and no Scoping session was ever held.
WAIVER / VARIANCE
Section 6(a) of the Local Law authorizes the Town Board to grant a waiver or variance from
the moratorium if it determines that that the variance or waiver will not adversely affect the
purpose of the local law, the health, safety or welfare of the Town, or aW comprehensive
planning being undertaken in the Town. In connection therewith, the Town Bom-d shall
take into account the existing land use in the immediate vicini~' of the property and the
impact of the variance or waiver on the water supply, agricultural lands, open and
recreational space, rural character, natural resources, and transportation infrastructure of
the Town. We submit that the approval of a moratorium variance or waix er to the Ba)wiew
SubdMsion is well in keeping xdth these considerations, and is appropriate in view of the
considerabIe lengthy delavs this project has already suffered_
Existing Land Use In Immediate Vicini~-. The subject property is
surrounded by developments of single family homes on parcels which
are one acre or less. By virtue of the adjacent Harbor Lights Section
3 development, there are approximately 15 homes direcdy bordering
the property on the eastern border. By x4rme of the adjacent Harbor
Lights Section 4 development, there are approximately 17 homes
directly bordering the property on the northern border. By virtue of
the Ba?iew Woods Estate development, there are approximately 13
homes bordering the property on the western border. Thus, the
proposed development, which would construct no house on less than
one acre, is certainly in keeping with extstmg land uses in the
immediate vicinity. Indeed, the Town's ox~q~ envirunmental
consultant, Nelson and Pope issued a February 4, 2009 report to the
To~-n Planner which specifically stated that"the proposed application
would create 22 residential lots, which would generally conform to thc
character of the area";
Water Supply. I am advised that the Suffolk Court ,ty Water Authority
has performed several deep and shallow tests of water availability at
the site and has determined that there is sufficient water at the site not
only for the houses we propose to develop, but for the entire
neighborhood;
Agricultural Lands. The subject premises is a wooded area not
utilized for any agricultural purpose. Therefore, the granting of a
variance/waiver will have no impact on a~iculmraI lands;
Open And Recreational Space. The subject premises is a wooded
area not utilized for asa3' open space or recreational purpose_
Therefore, the granting ora varianceAvaiver will have no impact on
open and recreational space;
Rural Character. As indicated, the subject premises is surrounded by
single family homes on one acre lots (or less)_ Therefore it is in
keeping with the character of the neighborhood in which it is located,
and does not impinge upon the rural character of other less densely
developed portions of the Town;
Natural Resources. The subject premises is a wooded parcel in a
residential community. It has an abundant water supply, and it is not
utilized for extraction or development of any natural resources;
· Transportation Infrastructure. Tbe increase in vehicular traffic in
this area, based upon the mere addition of approximately 22 homes,
---~-'-~--~.__i~not_t eexpected to be sign_ificant. ~q~[:R~-
~5~ ,~,lr. Zoum~as has 'acMsed me that be is, aom:eeable to acceptinod,-a~a,~Wco~q
· ' ' a requirement that he amend his subdMsion plan to
provide for development of the property in 5 acre lots (hastead of two acre lots),~
~contair6a direction to the Planning Board to act upon the app ch'E~on
in an expeditious, manner. Such mended subdMsion plan would contemplate
approximately 9 fi~e acre lots, Mtli each lot incorporating the open space created as
passive space. We envision tbat these would be secluded private parcels. In this manner,
the already minimal impact of development of the property on open space, transportation,
and the other applicable considerations would be further dramatically reduced. Also, such
self-imposed up-zoning of the property would accomplish ali of the issues now being
considered bv this Board in connection xdth the moratorium_ In addition, we expect that
it would remove the property fi-om the Generic EIS ordered for Hogs Neck.
()11J~'',JlJ~'o '~or J" J 01'.~ J.l!?q'Oll'r
--' ': ~Eq 9ncomag~s.~e.Tom B0prd~o d~ay.t~s r~qu~st,hy. Zou~as
- ,- s::bdiris:oh.' - ' ,:' '.: , ..--'-. '-, -';. -:''-'" --: .--- . ': " ' , ' . ' '"
.: .. '.. . -}-; .- ..:: .-...,.:_:::-..:/., . :.-:...- _ ~.'-:-..:-: .'-.':' _~'.- .
-:- . Oh ~3"la, 2002,.the'South~Id:~o¢5~ Pla~mg Board;~sm~d a pos:gve decl~on ~d~ SEQ~ on-t~s -' - _ ' '
' . ' enviromuent':.-_ ~ -' '., '.'. ' ' ' '
':.. ..: :-'. _ ':: .' :.. :. ::.'- ,, .. ~ . _" .-... '~ . -.. - :.. ~.. ~: ...--.
cancelled due to the s~bsequen¢enac
posmve.de~larauonbythePla~tng]lo,r'dvc~:,~c~.c~u,drc..:,.'~r.: I'. "efore ~¢~out~e~map~opnat~ forage ~ ,,
- - To:xa: Board-to.:~ant an exemption o~ ~e' application as.submiked, xdthou: a cons~-a:bn c6mpo~ehr. -
. _:. . . . '_~...' : .'-. . : ..' . ...:: '::..'. :.: .: - · ./-
. -' Gx:~.Sc~oed~ . - - . .'.. ' · .... _ . ..- ~ . -. · '
- ' ~C Sodthold'c~6~dlm~or -' . - '
anon-prefitorgahizatJonforthepreservatJonofland.~ea, airand,qualiWoflife ' :- - "--' '
. printed or ~,'~ recycledpaper . - .
RECEIVED
FEB 2 5 2003
S~uthold Town el.ri
: ~ ~.I~'EG~L:NOTICE ', L- .
N~C '
' E~z~;': ~' ' HEARING - '
~.]:,~NOTICE IS HE.BY
~,;',-G~ ~at~e Town Bo~d of .
~-. ~e~ To~m ~f Southold h~by
~>' ~ts 8:0~ .p.m, Febm~ 25~
' '~' -2003 ~ ~uthold Tm~m
~ ~5' M~ Road. Sou~old.
: ' New York. fora~
on theappHeafion ~ue~g
' ' a waiver
~[ the Loml Law emidedl
'Temporm
th~Pmc~in~ ~iew~, and
m~g Dec to~ pn th~
~ applic~ons r Malor
Spec ~'[~e ~ ~ a~ Site
P~s conta ~g d~vell~
. unit s~
~uthold" ~ ' the ma or
' ~'~on or Zoum~ at.
BaTview for . the pa~e~
'; iden~ed-~ SCTM ~ 10~
· J9-&~TA4-~d 17.~. ~The
' ~eoim.~own .a~ ~a~r
~ghm Section ~' e6n~s
~onta~e aDn~omh B~iew
'Road ~d AnCot L~e in
Southold~. : ·
Dmed: ~e~ 6. 2003
{' BY O~[R OF ~ IOXh~
BO.~
· . '~' -=. ~ - - OF:~-TO~ OF
' ~ :" '5. - - Eli~ab~ Ne~.
'~ r ..... Tom Clerk
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise IVlarinace, being duly sworn; says
that she is the Legal Advertising
Coordinator, of the D'aveler Watchman,
a public newspaper printed at S'outhold,
in Suffolk County; and that thc nofice of
which the annexed is a printed copy, has
been published in said Traveler
Watchman once each '~',w~eek
for_~...]:....Week(s)
cola~te~Cing on the ..... ~.~. ....... da~ of
.....-C~ ff/.~ .~',~.'g'-~./3.' ' ........ ,2003.
l:'
SgLq..~ to before me t,his..[,~_...day-of
- ·
Notary Public
Emily Hamill
NOTAR5 PUBLIC, S&ate of Ne*t York
No. 01HA5059984
Qualified in Suffolk Count3.'
Commission expires May 06, 2006
FEB 18 2,'303
RE: 8:05 p.m. 2/25/03 Publi.~Flearing
ii!
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTtL~-R OF VIT.~kL STATISTICS
I~L, LRRIAGE OFFICER
RECORDS ~LKN_kGEMENT OFFICER
FREEDOM OF INFORi~L~T[ON OFFICER
To;,-n Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 76571800
southo[dtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TO.tN OF SOUTHOLD
Febmaryl0,2003
John Zoumas, President
Zoumas Home Btdlders
P O Box 361
Wading Rixrer NY 11792
Dear Mr. Zoumas:
The Town Board, at is meeting of February 5, 2003, adopted a resolution setting a
public hearing at 8:05 P.M, Tuesda¥~ February 27~ 2003 on the application for
a waiver from the provisions of the temporary moratorium for Zoumas Home
Builders. Enclosed herewith is a certified copy of the resolution and a copy of the
legal notice.
Please do not hesitate to contact this office if you have any questions concenfing
this matter.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTILM1. OF VITAL STATISTICS
ivLadOd~IAGE OFFICER
RECORDS NLANAGEMENT OFFICER
FP,~EDOIvl OF INFOi~£~TION OFFICER
Town Hall, 53095 Maha Road
P.O_ Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD
FAX TRANSMITTAL
To.'
From:
Dated:
Re:
Attn: Jackie
The Traveler Watchman
Linda Cooper, Deputy Town Clerk
February 7, 2003
LEGAL NOTICE FOR PUBLICATION IN 2003
Number of Pages (including cover): 2
If total transmittal is not received, please call 765-1800.
COMMENTS:
Public Hearing: Waiver of Temp. Moratorium -Zoumas- 2/25/03 8:05pm
PLEASE acknowledge receipt of this legal notice IFITHIN ONE (1) HOUR by signing below and
returning by fax to 765-6145, Attu: Betty Nevffie. Thank you.
Received by Date
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS I-[EREBY GIVEN tlmt the Town Board of the Town of Southold hereby
sets 8:05 p.m., February 25, 2003 at Southold Town Hall, 53095 Main Road, Southold,
New York, for a public hearing on the application requesting a waiver from the
provisions of the Local Law entitled "Temporary Moratorium on the Processing,
Review of, and making Decisions on the applications for Ma]or and Minor
Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in
the Town of Southold" for the maior subdivision of Zoumas at Baw4ew for the
parcel identified as SCTM# 1000-79-4-17.14 and 17.17. (The proiect known as
"Harbor Lights Section 5" contains frontage along North Bayview Road and
Anchor Lane in Southold).
Dated: February 6, 2003
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON FEBRUARY 13~ 2003, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
'TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watchmm~
Toam Planner, V. Scopaz
Town Clerk's Bulletin Board
Tow'n Board Members
Town Attorney
Zoumas Home Builders
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZ.adlETH A. NEVILLE, Tovo~ Clerk of the Town of Southold, New York being
dulyswom, says that on the t'~/~ dayof ~-&~rq~r~ ,2003, sheaffixedanofice
of which the annexed printed notice is a tree copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York_
NOTICE OF PUBLIC HEARING TO BE HELD ON: 8:05 pm February 25, 2003
,¢:gElizab'eth A. N"~ville --~
Southold Town Cl~k
Sworn before me tiffs
At~ day of
,2003.
Notary Pubic '
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTILkR OF VITAL STATISTICS
I'~LkRRL~GE OFFICER
RECORDS ~LkNAGE~IENT OFFICER
FREEDOM OF INFOP~£iTION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, Nexv York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldt owmnort h fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTtIOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 79 OF 2003 WAS
ADOPTED AT TI-ZE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 4, 2003:
RESOLVED, that the Town Board of the Town of Southold hereby sets 8:05 p.m., February.
25, 2003 at Southold Town Ha11,,53095 Main Road, Southold, New York, for a oublic bearing
on the application requesting a waiver from the provisions of the Local Law entitled
"Temporatw Moratorium on the Proeessing~ Review of, and making Decisions on the
applications for Ma[or and Minor Subdivisions, and Special Use Permits and Site Plans
containing dwelling unit(s) in the Town of Sonthold" for the maior subdivision of Zoumas
at Bayview for the parcel identified as SCTM# 1000-79-4-17.14 and 17.17. (The proiect
known as "Harbor Lights Section 5" contains frontage along North Ba,wiew Road and
Anchor Lane in Southold).
Elizabeth A. Neville
Southold Town Clerk
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chah-man
RIC I-LARD CAGGLM~70
~ViLLIAi~ J. CREMERS
KENNETH L. EDW.kRDS
M_Ai~TIN SIDOR ·
P.O. Box 1179
To~vn Hall, 53095 State Route 25
Southald, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Ms. Betty Neville Town Clerk
From: Bennett Orlowski, Chairman
Re;
Request or waiver from Local Law Temporary Moratorium on the
Processing, Review of, and making Decisions on the applications for
Major and Minor Subdivisions, and Special Use Permits and Site Plans
containing dwelling Unit(s) in the Town of Southold for the Major
Subdivision of Zou mas at Bayview SCTM# 1000-79-4-17.14 and 17.17
Zoned - Agriculture Conservation
Date: December 13, 2002
The proposed action involves the subdivision of a 48.21 acre parcel into 22
residential lots within the Agricultural Zoning District. Nineteen (19) of the
proposed lots range in size from 1.15. to 1.82 acres, with the remaining 3 lots
totaling 5.54 acres, 10.38 acres, and 5.53 acres. A recharge basin is proposed
in the northeasterly extension of the site and a natural buffer of approximately 50
feet in depth will be retained within the individual lots along the length of the
North Bayview Road frontage. The site contains an out-parcel (depicted on the
Suffolk County Tax Maps as a recharge basin) in the northeast extensions of the
site which currently receives stormwater runoff via existing piping.
In this memo, the Planning Board will only address this request in the context of
land use planning; the consideration of and any comment upon any other
reasons as stated, are beyond the scope of this review.
To date, the Planning Board has not accepted the yield map nor has the
Planning Board granted sketch plan approval on the major subdivision map. It
should be noted that the yield map submitted with the application does not
appear to take into consideration environmentally sensitive features on the site
including the freshwater wetlands and steep slopes.
The Planning Board has reviewed the progression of the application and the
request for waiver for the major subdivision known as Zoumas at Bayview
SCTM# 1000-79-4-17.14 and 17.17 and makes a recommendation that the
Town Board deny the request of waiver for the application. This decision is
based upon the following facts:
Land Use - The project site is located in an area that contains a mix of
residential, agricultural and undeveloped vacant land. The dominant land use in
the area is residential and the proposed application is generally consistent with
surrounding uses. The site is currently vacant undeveloped land, with the
proposed development resulting in 22 residential lots. No portion of the site will
remain in collective open space and/or open space easements as indicated at
this time. Residential land uses are located to the north, south, east and west.
Transportation Infrastructure - The proposed use would be expected to
increase traffic generation upon full development of the site as compared to
existing conditions. Due to the location of the site and in consideration of area
roadways, an increase in trip generation at the site may have a'significant impact
on the area roadways, particularly in conjunction with other development projects
in the area; these potential impacts are cumulative and need to be taken into
consideration
As indicated above, access to the community is restricted, therefore, the
proposed project in combination with other nearby proposed projects may create
a cumulative impact on critical intersections and a more detailed traffic impact
study is warranted. The traffic impact study should also consider the effects of
the project on these intersections should evacuation of the Hogs Neck peninsula
become necessary.
Natural Resources - The majority of the site is relatively flat, although areas of
steep slopes are located in the northeastern portion of the site, particularly
adjacent to the freshwater wetland habitats. It has been recommended to the
applicant that slopes in excess of 15% be depicted on the subdivision map so
that potential impacts may be accurately assessed.
The site contains a portion of NYSDEC designated freshwater wetland SO-39 in
the northeastern portion of the site with an additional "unmapped" and isolated
wetland located just north of this feature.
The majority of the site contains successional and mature woodland, with areas
dominated by earlysuccessional pioneer species. The site is part of a relatively
large contiguous block of woodland and supports a variety of wildlife species
including birds, mammals and amphibians.
The NY Natural Heritage Program (ECL 9-1503) was contacted to determine if
there is any record of rare plants or wildlife in the vicinity. The Program does not
identify this area as a Significant Wildlife Habitat, however it does list one
threatened vascular plant, four endangered vascular plants, one endangered
amphibian, and one endangered beetle on or in the immediate vicinity of the site.
The proposed project will result in clearing of a large portion of the property,
causing localized adverse impacts to vegetation and wildlife. Clearing and
development impacts to vegetation and wildlife are cumulative and need to be
taken into consideration.
Water Supply - It is estimated that the 22 proposed residential lots will utilize
approximately 6,600 gallons of water per day. The Planning Board has no
official indication on whether water is currently available for the project. The
applicant must contact SCWA for a determination of the availability of Public
Water Supply for this project.
Sanitary disposal within the proposed subdivision will be managed by on-site
underground sewage leaching systems. The proposed application would conform ,
with Article VI of the Suffolk County Sanitary Code and would not be expected to
adversely affect groundwater quality provided properly functioning systems are
designed and installed.
Rural Character- No reduction in home density, perpetual preservation of open
space, limits'Of clearing or landscaping plan are proposed, therefore, the
application does not fully support the preservation of rural character. Conversely,
the action would adversely impact wooded open space.
The applicant proposes a natural buffer "screen" of approximately 50 feet in
depth within the individual lots along the length of the North Bayview Road
frontage. However, as this vegetative buffer is part of the proposed lots, it may
be difficult to maintain as natural.
The file indicates that archeological items have been found on site and the extent
of any occupation is unknown. The New York State Office of Parks, Recreation
and Historic Preservation is requiring a Phase I archeological survey of the
property.
Agricultural Lands - The property is currently wooded and the soils are
predominately sand. The property is zoned A-C, however, no agricultural use
currently exists on site and therefore no loss of agriculture practices will occur if
the proposed action is implemented. Note, however, that following the proposed
action, the development of the area would remove the soils from any potential
future agricultural use of the property.
Open and Recreation Space - The site is wooded and although if offers
numerous recreational opportunities, no public recreation use currently exists on
the property. The property provides significant unprotected open space to the
Hogs Neck Peninsula providing integral wooded upland and wetland habitats for
wildlife.
Based upon the potential individual and cumulative impacts, the Planning Board
is requiring that a Generic Environmental Impact Statement (GELS) be prepared
for the Hog Neck Peninsula. The GElS will provide a means of documenting
and analyzing potential impacts in an orderly review process which allows for
consideration of mitigation and alternatives.
The requirement of the GElS for the Hog Neck Peninsula mandates the analysis
of potential, c.umulative impacts to the area and therefore, to allow the application
to proceed Could be deemed as segmenting the SEQR review pursuant to 6
NYCRR PART 617 State Environmental Quality Review; Section 3. Item (g)
which states:
Actions commonly consist of a set of activities or steps. The entire set of
activities or steps must be considered the action, whether the agency
decision-making relates to the action as a whole orto only a part of it.
(1) Considering only a part or segment of an action is
contrary to the intent of SEQR. ff a lead agency believes that
circumstances warrant a segmented review, it must clearly
state in its determination of significance, and any
subsequent ElS, the supporting reasons and must
demonstrate that such review is clearly no less protective of
the environment. Related actions should be identified and
discussed to the fullest extent possible.
(2) flit is determined that an ElS is necessary for an action
consisting of a set of activities or steps, only one draft and
one final ElS need be prepared on the action provided that
the statement addresses each part of the action at a level of
detail sufficient for an adequate analysis of the significant
adverse environmental impacts. Except for a supplement to
a generic environmental impact statement (see subdivision
617. lO(d) of this Part), a supplement to a draft or final ElS
will only be required in the circumstances prescribed in
paragraph 617.9(a)(7) of this Part
Currently, the framework of the GElS does not provide for a segmented review of
proposed individual minor and major subdivisions.
In addition to the potential cumulative environmental impacts, it is the Planning
Boards finding that the proposed project does not support the planning objectives
of the Town of Southold which include: The preservation of open space and
recreational space; the preservation of the Rural, Cultural and Historical
Character of the Hamlets and surrounding areas and the preservation of the
natural environment. The additional supporting documents for the GElS follow
for your review:
"Planning Board Resolution dated June 25, 2002 Hog Heck Peninsula SEQR
Coordination, Intent to Assume Lead Agency, Intent to Require A Generic
Environmental Impact Statement."
"Draft Generic Environmental Impact Statement (GELS) Outline"
If you have any further questions please do not hesitate to contact Mr. Mark
Terry of our office.
To: Town Board of the Town of Southold
From: The Town of Southold Planning Board
Date: June 25, 2002
Re:
HOG NECK PENINSULA
SEQRA COORDINATION, INTENT TO ASSUME LEAD AGENCY
INTENT TO REQUIRE A GENERIC ENVIRONMENTAL IMPACT STATEMENT
The follow!rig resolutions were passed during the June 24, 2002 Special Meeting.
WHEREAS, the Town of Southold Planning Board has received a large number of
subdivision applications on the Hog Neck Peninsula within recent months, and
these applications are simultaneously pending review and decision by the
Planning Board, and
WHEREAS, these projects are interrelated to the extent that one project on its own may
not overtax environmental resources; however, the combined effect of
development may result in adverse environmental impacts, thus indicating the
potential for cumulative impacts, and
WHEREAS, the Planning Board recognizes that while there is zoning as a guiding land
use development control, that the combination of subdivisions currently
proposed, and the potential for further subdivision pursuant to current zoning,
may in fact exceed the resource carrying capacity of the peninsula due to it's
unique geographic, environmental and planning considerations, and as a result
may result in significant adverse environmental impacts, and
WHEREAS, the Planning Board is familiar with the State Environmental Quality Review
Act (SEQRA) and the Board's responsibilities as the stewards of land use under
the Zoning Code to consider the environmental consequences of land use
decision making, and further that SEQRA Part 617.10 indicates that a generic
ElS may be'used to assess the environmental impacts of:
Hog Neck Peninsula
SEQILA Resolution
(1)
(2)
(3)
(4)
a number of separate actions in a given geographic area which, if
considered singly, may have minor impacts, but if considered together
mas; have significant impacts; or
a sequence of actions, contemplated by a single agency or individual; or
separate actions having generic or common impacts; or
an entire program or plan having wide application or restricting the range
of future alternative policies or projects, including new or significant
changes to existing land use plans, development plans, zoning regulations
or-~gency comprehensive management plans
the Planni&g Board finds that many if not all of these criteria exist with respect to
Hog Neck, and
WHEREAS, more specifically, the Planning Board finds that, the pending applications
represent, consideration of a number of separate actions in a limited resource
area; that the approval of these actions represents a sequence of actions which
may have a significant impact; that these separate actions have generic or
common impacts; and that the approval of piecemeal subdivision of land on the
Hog Neck:peninsula may foreclose the possibility of alternative conservation land
use, coordi~tation of resource protection, and may in fact cumulatively overtax the
environmental resources associated with Hog Neck, and
WHEREAS, th~ .Town of Southold has a Master Plan and a series of studies, planning
initiatives, and a record of decisions which establish the Comprehensive Plan of
the Town; specific studies which establish the planning framework of the Town of
Southold.are identified below:
· Land Use and Groundwater Quality in the Pine Barrens of Southampton (Cornell,
1983)
· Southold Demonstration Project (Comell, 1983)
· Town. Master Plan Update (1985)
· Long Island Comprehensive Special Groundwater Protection Area Plan (1992)
· Southold Town Stewardship Task Force Study (1994)
· Agricultural and Farmland Protection Plan (1996)
· Long Island Sound Coastal Management Program (1999)
· Town bf'Southold Draft Local Waterfront Revitalization Program (1999)
· County Route 48 Corridor Land Use Study (1999)
· Farm and Farmland Protection Strategy (1999)
· Town Water Supply Management & Watershed Protection Strategy (2000)
· Town.of Southold Local Waterfront Revitalization Program (2001)
the Plann. ing Board is aware of these studies, and coupled with the zoning map
and Zoning Code of the Town of Southold, seeks to maintain ordedy
development within the purview of the Board's functions, and
Hog Neck Pelahasula
SEQiL& Resolution
WHEREAS, the 'Rlanning Board is aware of an overriding set of goals and desires
represented by four (4) themes which are embodied in land use documents and
regulations and the Comprehensive Plan of the Town, specifically noted as
follows:
(1) The'preservation of farmland and agriculture,
(2) The preservation of open and recreational space,
(3) The.preservation of the rural, cultural, commercial and historical character
of the hamlets and surrounding communities, and
(4) Tt~e-preservation of the natural environment.
the Planning Board finds that responsible land use decision making must
consider these themes, and
WHEREAS, th~ potential for simultaneous development of the current pending
applicatioqs_, and the potential for further development of vacant lands on the
Hog Neck peninsula, poses a significant adverse environmental effect upon the
resources of Hog Neck, and further may result in a conflict with the four (4)
themes that establish the goals and desires of the Town of Southold in terms of
the Comprehensive Plan, and
WHEREAS, the'~-tog Neck Peninsula is a unique land mass comprised of approximately
2 ½ square miles, that has limited resources, and is independent in many ways
from the main body of Southold Town, and
WHEREAS, Hog' Neck has only two points of access resulting in concern over
emergency access as well as the general capacity of the roads to sustain
combined development pressure of the pending projects as well as further
development of other vacant lands, and
WHEREAS, Hog Neck is surrounded by water and constrained with respect to access,
and as ,'a., result, emergency service response, evacuation, flood zone
management, and other service and community protection aspects associated
with extensive development of Hog Neck warrant consideration, and
WHEREAS, Hog Neck is adjacent to the Peconic Estuary Reserve, and land use and
development must be carefully considered with respect to potential impacts on
the Peconic Estuary, and
WHEREAS, Hog' Neck is surrounded by tidal waters and tidal wetlands, and has a
number of interior tidal creeks including Goose Creek, Corey Creek and Cedar
Beach Creek, comprising vast areas of marine waters and tidal marsh/wetlands,
which are productive ecological resources with significant environmental benefit
in terms 'of habitat, food production, stormwater and flood control, with the
2,.
3
ltog Neck Peninsula
SEQRA Resolution
recognition that these resources and adjacent protective buffers should be
protected, and
WHEREAS, Hog Neck includes as many as twelve (12) interior State designated
freshwater wetland systems (which are grouped and comprised of more than one
feature ir? 'many cases), and that these systems provide habitat, water resource
benefit, and potential inter-linkages in terms of species migration and support,
with recognition that stresses to these resources could result in adverse
environmental impacts, and
WHEREAS, Hog Neck is an independent groundwater reservoir, which is subject to salt
water intrusion, encroachment of the salt water interface, and depletion for water
supply, as well as impact from groundwater discharge, which may result from
over-inter~'si{ied develOpment, and
WHEREAS, Hog 'Neck, due to freshwater and tidal wetlands, as well as open space and
upland habitats, is a haven for wildlife resources which depend on the natural
environment and expanses of natural resources associated with the peninsula,
and that_ir~tensified use may result in impacts to these ecological resources, and
WHEREAS, HoG,Neck includes rural, open space, agricultural and natural resource
qualities,"as- well as cultural resources; these are resources which are embraced
by the Town under the Comprehensive Plan and further are resources which
may be adversely affected by over-intensification of development, and
WHEREAS, as a result of the traffic, water resource, ecological, open space and
cultural rbsources associated with the overall peninsula, and the potential
impacts thereto, the Planning Board finds that consideration of individual projects
without interrelated review would be contrary to SEQRA, and
WHEREAS, the Planning Board of the Town of Southold in view of the information
available with respect to the Hog Neck peninsula, and the pending projects as
well as developable land, finds it would be irresponsible to review the current
applications in a piecemeal fashion, and that this would essentially result in a
segmented review of a series of actions that are expected to result in cumulative
and generic impacts, and
WHEREAS, the Planning Board has conducted a coordinated review with involved
agencies of individual actions including both Type I and Unlisted actions, and has
assumed lead agency as a result of their role in the review and approval of
subdivision applications, and
WHEREAS, the Planning Board has authority to use planned residential development
(cluster) provisions with respect to protection of sensitive environmental
resources, and further routinely uses conservation subdivision, purchase of
4
Hog Neck Peninsula
SEQRA Resolution
development rights, and other land use, environmental and zoning techniques to
analyze, mitigate and reduce impacts consistent with the Town Comprehensive
Plan and in compliance with SEQRA, and
WHEREAS, such techniques are available with respect to Hog Neck; however,
piecemeal :review of applications does not allow for the effective use of such
techniques to adequately protect sensitive environmental resources.
NOW THEREFORE BE IT RESOLVED, that the Town of Southold Planning Board
hereby is.'_sues this resolution as a mechanism for coordinated review with
involved agencies with respect to the combined actions and resultant
development pressure on the Hog Neck peninsula, and that this resolution and
the background set forth shall be used in lieu of an Environmental Assessment
Form given the detailed account of the environmental sensitivity of Hog Neck
identified herein, the geog'raphic area involved and the multitude of pending
applications, and
BE iT
FURTHER' RESOLVED THAT, the Planning Board, after a period of thirty (30)
days intends to assume lead agency status with respect to pending subdivision
review of applications, and
BE
IT FURTHEI~, RESOLVED, that the Planning Board finds that a Generic
Environmental Impact Statement (GELS) is appropriate and intends to issue the
appropriate determination to require such document for the Hog Neck peninsula,
considering the current pending applications which are expected to result in
cumulative'and generic impacts, and
BE IT FURTHER RESOLVED, that the Planning Board authorizes the secretary to the
Board to file this notice with the following parties:
New York State Department of Environmental Conservation. Albany
New York State Department of Environmental Conservation, Stony Brook
Suffolk County Department of Health Services, Riverhead
Town Board of the Town of Southold
Town of Southold Trustees
Ms. Betsey Dickerson, Applicant
Patricia Mo¢re, Esq,. Applicant Agent
Abigail Wickham, Esq., Applicant Agent
Richard Lark, Esq., Applicant Agent
Cathy Mesiano, Expeditor, Applicant Agent
Town of Southold
DR_~FT GENERIC ENVIRONMENTAL I~IPACT STATEMENT
HOGS NECK PENINSULA
Hogs Neck PeninsuLa
Draft Generic ElS
A) DRAFT GENERIC EN~qI/ONMI~NTAL IMPACT STATEMENT (GELS)
This study will be consistent ;vxth SEQRA guidance for a GEIS, and x~5ll hxclude the entire Hogs Neck
Peninsula. The study w-ill utilize GIS wherever possible. Shape files will be obtained from the To;xm of
South*ld under a pub-license agreement xx-ith the Town and County, for use in ex-aluating and mapping
enviromnental resources, planning and zor~mg data, and build-out analysis.
An analysis of vacant subdividable lands ;vill be conducted as a basis for impact analysis. The build-out
analysis will be used to determine demographic, fiscal, groundwater, trip generation, and other density-
derived changes if/tllk cun'ent emSronment which would be anticxpated. Assumptions will be made
regarcrmg natural areas and open space, fertilized areas, other landscaping, and general site development.
A full groundwater impact analysis will be prepared, and the peninsula will be modeled for nitrogen load
and water budget. Water quality data will be obtained and discussed with SCDHS, and water availability
will be assessed in terms of yield and population. Tidal and freshwater wetlands will be mapped and a
full ecolo~cal impact analysis will be prepared. Flood prone areas wilI be mapped and access
considered.
A traffic impact analysis ~'ill be conducted based on the build-out scenario. Ideally, four (4) Automatic
Traffic Recorders (ATR) would be installed to monitor trips and key locations before, during and after the
Memorial Da)' Weekend. Four (4) key intersections would also be studied, and access constraints,
congestion, level of service and traffic nfirigation findings documented.
Other environmemal resonrces and potential impacts will be analyzed based on the SEQRA outline
included below. Mitigatmn measures, potential open space acquisitions, linkages, conslraints and
limitations, development standards, etc. w-ill be documented to assist in ensuring that the carrying
capacity of the penhxsilla is not exceeded.
The consultant xx411 work closely with the Town to coorcFmate efforts and will meet with Planning Staff to
discuss results and mitigation. The following outline pro~'ides a further framework for the DGEIS.
1.0
DESCRIPTION OF THE PROPOSED ACTION
1.1 Project Purpose, Need and Benefits
1.1.1 Background and History
l.l.2 Public Need and Municipality Objectives
l.l.3 Benefits of the Project
1.2. Location
Geographic boundaries
Districts or Lands Affected
Establish study area and specific parcels for which detailed information is available
Page 1 of 1
Hogs Neck Peninsula
Draft Generic EIS
2.0
1.3
1.4
1.5
Project Description
Describe any site specific conceptual proposals that the Toxx~ is aware of, as well as
stud5' area land use recommendations as hypothetical iand use proposals, to form a basis
fo[impact analysis relating to a proposed project. Describe in detail the current zoning,
pending projects, comprehensive plan and management strategies, and deterrrfine a build-
out density based on current zoning for project evaluation.
Schedule, Coustruction, Operation
ProxSde any pertinent insight into the schedule for implementation of the land use
imtiarives, as Well as the schedule for construction and operation of any knox~m land use
projects on site specific parcels.
Approvals
Degcr~be an5' approvals necessary to implement the proposed land use initiatives of the
stud~r, as well as subsequent agency decisions which would be needed for any known
specific land use projects.
E N¥IRONMENT.~L SETTING
2.1 Geol6gy - Provide a description of the study area geologic environmant. Describe the
Lmportancc of the resource and the protection of same. Obtain information from the
Suffolk CounW Soil Survey and reg/onal mapping.
2.1. i Surface Soils - Suffolk Counv/Soil Survey soil associations
2. L2: Topography - describe based on USGS or regional mapping resources, as well as
site specific information as available. Provide slope analysis of study area
utilizing digital eleration models.
2.2 Water ResoUrces - Provide a characterization of the water resource environment in Hogs
Neck: Desv-ribe the importance of the resource and the protection of same. Obtain
mtbrmafion from SCDHS, Tox~-n GIS, 208 Study, Comprehensive Plan, etc.
2.2.i Groandxx. ater - recharge areas, watersheds, general water quality, water supply;
depth to ~otmdwater, direction of groundwater flow, etc.
2.2.2 Surface Water and Drainage - significant surface water features and drainage
characteristics.
2.3 Ecological Resom'ces - Provide a characterization of the ecological envh-onment of the
study area. Describe the importance of the resource and the protection of same. Obtain
information fi.om To~m GEIS's, Open Space and Natural Resource Inventories as well as
site ~pecific field inventories, aerial photo~aphy and site habitat mapping.
2.3.1 Vegetation - describe habitats on andeveloped parcels of study area.
2.3~2 Wildlife - describe unique species (threatened, endangered, special concern) and
abundance of conrmon species in habitats of affected lands.
2.3~3 . Unique Habitats, Species, etc. - consult Totem/State wetlands maps to identify
wetlands on or in proxim/ty to the site; contact NYS Natural Heritage Program
for any unique habitats, floral or fauna species. Evaluate an), species' biological
needs and suitability of site to accommodate species.
2.4 Transportation describe major highways, access to lands, local roads and overview of
infrastructure. Sunrmarize Traffic Impact Study (see separate scope).
2.5 Land Use and Zoning
2.5.1 Land Use - describe and map existing land use patterns m fl~e study area. Use
aerial photographs to document sun-oundmg land use categories as well as
su.n-oundmg area; estabhsh land use categories and use Town GIS.
2.5.2 Zoning - describe and map e~sting zoning of lands m study area using Totem
GIS.
Page 2 of 2
2.6
2.7
2.8
3.0
4.0
5.0
6.0
Hogs Neck Peninsula
Draft Generic EIS
2.5.3 Special Districts describe and map special districts, if any.
2.5.4 Land Use Plans - Review available land use plans including Existing Town Zonhlg,
Specx~d Districts, and relevant regional land use plans and regulations including the
208 Study, and Article 6 of the Suffolk County Sanitary Code.
Community Services - discuss and map school districts, and discuss other conuurmity
sen'ices and infrastructure w/ttnn the study area, including police, fire, solid waste, and
utilities.
Cultural Resources
2.7.} Visual Resources - discuss visual resources of study area, existing site character
and open space.
2.7.2 Cultural Resources - Describe Cultural Resources Assessment (CRA) including
archival search, historic maps, walkover and documentation of potential historic
and archaeological site sensitivity. Summarize Stage IA Cultural Resources
Assessment (see separate scope).
2.7.3 Noise Resources - describe norse sources with/n study area; identify sensitive
rccepZors adjacent the study area.
Gro~cth-Induc'mg Aspects
SIGNIFICANT ]~NVIRONMENTAL IMPACTS - Impacts of each resource area noted aboxe
x~411 be discussed and analyzed in detail; impacts will be discussed as long term/short
term, site specific or cumulative where appropriate.
3.1 Geological Resources
3.2 Water Resources
3.3 Ecological Resources
3.4 Transportation
3.5, Land Use, Zoning and Plans
3.6 Corm-ntmiW Services
3.7 Cultural Resources
3.8 Growth4nducing Aspects
3.9 Cunmlative Impacts
5.lITIGATION ]~[EASURES
4.1 Geology
4.2 Water Resources
4.3 Ecological Resources
4.4 Transportation
4.5 Land Use and Zoning
4.6 Community SerxSces
4.7 Cultural Resources
4.8 Socio-Economic
4.9 Cumulative Impacts
4. I 0 Growth-Inducing Aspects
AD'VERSE IMPACTS TI~4.T CANNOT BE AVOIDED
ALTERNATIYES
6.1 No Action Alternative
6.2 Full Development under Cun-ent Zoning
6.3 Reduced Density Development
Page 3 of 3
Hogs Neck Peninsula
Draft Generic EIS
B)
EIS EXCLUSIONS
1. Fees are for professional services only and do not include direct costs (non-xpected);
2. Engineering, surveying or other ser~Sces not specified herein;
3. Duplication of document for submission (1 client cop) included per submission);
4. Direct cost of site soil borings, sampling, water/soil/sediment analysis or other testing, if required (not expected);
5. Public hearings and meetings; public presentation materials (if required); revisions to EIS caused by requests for
additional work daring cormnent periods, will be billed based on time rates; all meetings, a~tendance at hearings
anc[ or work nor specifically mentioned herein m4II be billed at on an hourly rate basis in accordance xxSth the time
rates fee schedule.
TRA~'~IC IMPACT STUDY
8.
9.
10.
Conduct seven day automatic direction traffic counts at the folloxxSng locations:
a)" Ba)wiew Road (main) south of Smith Drive South
b) Balafew Road (North Road) North of Goose Creek Lane
Calculate the vehicles trip generation rate for the existing residences on Great Hog
Neck using the automatic traffic counts and Town data bases to determine the
appropriate number of residences.
Estimate the number of single family residences, which can be constructed on the
undeveloped land on Great Hog Neck.
Compare tile prevailing trip generation to the Institute of transportation Engineers
Data. Tile higher value the data developed for the prevailing Irip generation or the
ITE data will be used to project potential traffic increases.
Conduct morning (7-gum) evening (4-6pm) and Saturday midday (llan~-2pm)
intersection tm-ning movement counts at the following intersections:
a) Route 25 Main Road and Corx~in Lane.
b) Route 25, Main Road, and Ackerly Pond Road.
c) Route 25, Main Road and Oaklaxx~n Avenue
d) Route 25, Main Road and Horton Lane.
Calcglate the grov, xh of the existing traffic using New York State or Suffolk County
grox~h factors.
Compare the existing road future traffic capacity and Levels of Service at the
intersections li~ted above. The future conditions to be evahiated are:
a) Complete development per existing zoning by 20 i2
b) Reduced development density as approved by the Tox~m of Southold by 2012
RexSew the emergency sen'ice access with the appropriate officials for the existing
and full development and reduced density_ conditions.
Inventory the existing Bayview Road intersections to determine sigl~t distance
restrictions.
Collect existing traffic volume data fi'om the Suffolk Count}, Depamnent of Public
Works and the New York State Department of Transportation.
Compile and evaluate the data collected into the GEIS for the existing, tull
development and reduced densi .ty conditions.
Page 4 of 4
Hogs Neck Peninsula
Draft Generic EIS
C) CULTURAL RESOURCES ASSESSMENT
Retain the semSces of a qualified archaeolog/cal services consultant to perform a Stage IA study for the
peninsula. The Stage IA (Doctm~entary Search and Sensifix4ty Assessment Study) report will consist of
documentary search and visual inspection study prepared according to NY Archaeolo~cai Cous~ciI guidelines.
The report will be accompained by recommendations regarding the need for further study if applicable.
D) I)R_~FT EIS FOLLOW-UP AND FIN.~L ElS PREP.a~R_ATION
The DEIS may require finalization, and/or re~fsion subsequent to Planning Board/staff input. The FEIS
phase is most difficult to anticipate as the FEIS depends upon the x~ritten and oral comments received by
Tm~m at hearings and during the comment period. A budget is t)pically estinmted based on experience
with prior similar projects; however, depending upon agency/public input, the budget could be more or
less. The following services are anticipated:
I. Attend~nieetings related to Draft and Final EIS.
2. Rex,ise Draft EIS per comments from lead agency(s).
3. .Attend Public Hearing on Draft EIS.
4. Prepare Response to Comments on Draft EIS and submit as Final EIS.
5. Rexfse Final EIS for acceptance by lead agency.
Page 5 of 5
ELIZA.BETH A. NEVILLE
TOWN CLERK
REGISTtLKR OF ViTAL STATISTICS
MAi~RLkGE OFFICER
RECORDS i~LXI4AGE~ENT OFFICER
FREEDOM OF INFOP~LtTION OFFICER
Tox~'n Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1S00
southoldt o~vn.nor~hfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To:
From:
Re:
Valerie Scopaz, Town Planner
Gregory F. Yakaboski, Town Attorney
Elizabeth A. Neville, Southold Town Clerk~
Zoumas Home Builders request for waiveF to moratorium
Date:
November 15, 2002
Transmitted is request for waiver on moratorium with reference to Harbor Lights, Section
5 Bayview Subdivision (SCTM#1000-79-4-17.14 and 17.17)
Please commence the review proceedings on this application. Thank you.
cc: Supervisor & Town Board
OUMAS HOME BUILDERS
P.O. BOX 361 (631) 929-4570
_WADING RIVER, N.Y. 11792. FAX (631) 929-5071
Novenfi)er 8, 2002
RECENED
V-LA FEDERAL EXPRESS
NOV 1 § 2002.
Elizabeth A. Neville, Town Clerk
Towu i-hi!
53095 Route 25
Sot~mid, N~ 1 I971
Southold Town Clerl:
Zomnas Contracthlg - Bayview Subdix4sion (Harbor Lights Sec. 5)
Wkhout wah~er and wkh fail reseiwafion of righrs, pursuaat to Section 6 or
this ~i ~w to ~e gbove-referenced prope~ (SCTM ~ t000-79~-i7.14 and 17. i7).
applimfio~b along with three copies of the O~ober 6, 1999 Cluster Plan for the prope~y
' g~l ....... ' '' ' '
of the Southold To~ Code.
i mn adxrised that, pursuant to Section 6(a) office Local Law, in order to grant
affect the purpose of the local la% the health, safety or welfare of the Toam, or any compre-
Board shall take into accotmt the existing' land t~se ]n the immediate x4dni~ of the prop-
er~ and the impact of ri~e vmSmnce or waTv'er on ri~e water sappiy, agricakm-ai lands, open
of the Town_ As demonstrated herein, the approval ora moratoriml~ variance or a~ver to
Elizabeth A. Neviiie, Town Gierk
Page 2
the Ba.~wiew Subdivision is well in keeping ~4th these considerations, and is appropriate in
application for subdivision approval of the ?oper .fy was filed ~th the To~ on or about
November i9~. :i-i-~ereafter, we ~-orked diiigea~t~i ~th the TowT~ Piam-~er and Piarm~ng
corrm~unity character in the vidni~, o£ the property and in keeping ~-ith applicable To~m
Plalmer left the employ of the Town and no person was bi~ought in to fill the position for
mon~s while the ~don o[ ~)~d access over A~oi~ng ~p r~ds w~ res~ed by the
]~wn. ~eteaAec, on or dbo~ Ma? i5, 2002, despite the ~act that k had never e~iier
("SEQ.'), the Pinning ~p~ent issued a ~ifive d~a6on mid ~ed~ed a
sessi~ was to .be heM, ~e To,m, Bo~d issued ~e st~j~ morato~ml on August 13,
any td6mate consid~6on ~d approv~ of&e sub~,%ion.
As for the issues that retest be considered by the Town Board in determining
surrounded by dev-elo?nents ofsin~e fanfily homes on parcels which
are oiie aci-<: oi- less. B}: v~rme of fi-he adjacent Harbor Lights Sectior~
ottr properp), on the eastel~ border. By virtue of the adjacent Harbor
~.~e appro~ma~eiy I q
directly bordering our propefLy on die northern border. B~ virtue o£
homes bordering our property on the western border. Thus, our
proposed devdopmel-a, which wo-aid consu act no hoase on less
ate vicinity;
~lzabeth A. Ne~ lhe, s own Clerk
Page $
Water Supply.
the site t has detemfin~ ~at ~ere is ~dent water~
Agrictdtttrai Lands. The subject premises is a wooded area not uti-
anc~A~,aiver will have no impact on a~ctdtur~ lan~;
Open A.t~d Recreational Space. The subject premises is a wooded
fore, the ~anfing of a vm~ance~aiver ~tdl] have no impact on ol~n
Pm-al U,-haracter. As indicated, ti~e sdbject premiacs is surrotmded by
single fmwAly homes on one affe lots (or less). Therefore it is
lng with the character of the neighborhood in which it is located, amd
dc~s _n~ impinge "..~a_q t&,e n,.r~! d~--,~cter o£ofi:~- le~ denser dev~-
oped portions of the Town;
Natural Resources. The subject premises is a wooded pm'eel in a
utilized for ex.action or development of~y nau~a] resot~ces;
Transportation infrastructure. The increase in vehictdar vtaiT~c in
iS not expected to be significknt.
We purchased this property with a reasonable business expectation of devei-
ndghbofing ~d adjacent properties. The momtod~ (and the tm~n-~ted delays
sig~fi~t emnonfic hmn wtfich ~reatens o~ ente~se m~d our employees. In light of
ail d~e above, ~ respecff~iy ~ equest d~at fi~e vafimlce/~-~ver be promptly ~mited so that
EJizabed~ A. Neville, Totem Clerk
Page 4
m-of-fight development is placed back on track, ensuring jobs, prosperity, and growth for
Hamburger, Ma_xson, Yaffe, Wishod & Knauer, i.i :P (aq enclosure)
PauSda G, Mc~_,re~ ~q~ ' ' ' '
Theresa E[ko~Stz (~v~ enclosure)
Town Of Southold
'¢'~ P.O Box 1179
"~ Southold, NY 11971
* * * RECEIPT * * *
Date: 11/15/02
Transaction(s):
Moratorium Waiver
Receipt:
1813
Subtotal
$250.00
Check#: 1813
Total Paid: $250.00
Name:
Zoumas, Contracting Corp
Pob 361
Wading River, NY 11792
Clerk ID: LINDAC In[ernal ID: 64125
RECEIVED
Town Clef[
II
f,
SURVEYOR'S CERTIFICATION
HOWARD W. YOUNG, NO. ~,5893
DEVELOPER
ZOUMAS CONTRACTING & HOME BUILDERS
P.O. BOX 561
WADING RIVER, NEW YORK 11792
SUBDIVISION MAP FOR
ZOUMAS CONTRACTING CORP.
At Boyview, Town of Southold
Suffolk County, New York
Count) Tox ivh:p 0i,r,-,:t 1000 ;ceLl:r. 79 a.=.:~ 0~$ L:~ 17.17
CLUSTER SKETCH PLAN
I k Dw,"-. NO.
MAP PREPARED
SC.ALF 1' = !00'
JOB NO :'? ,36C2
FEB. 28. 2002
JUN, 20, 2001
-~PR. 27, 2001
MAR..50,
~,,tAR. 2. 2001
OCT. R. i999
SITE DATA
TOTAL AREA = 47.7137 ACRES
· TOTAL NUMBER OF LOTS = 22
· TOPOGRAPHY SHOWN HEREON IS FROM SUR~,,~YS MADE BY US
AND TOPOGRAPHIC MAPS PREPARED BY OTHERS.
· DIMENSIONAL REQUIREMENTS FOR ALL LOTS IN TH~S CLUSFER
DEVELOPMENT SHAD CONFORM TO THE R-CO ZONING USE
DIS TRtCT.
· ZONING USE DISTRICT
· VERTICAL DATUM
= AGRICULTURAL CONSERVATION
= N.G.V'.D. (MSL 1929)
SURVEYOR'S CERTIFICA]]ON
F/FV'F ~p c-p ~
P.O. BOX 361 I ~<~
LOCATION MAP
SCALE 1"=600'
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTI:L&R OF VITAL STATISTICS
I~L-kRRIAGE OFFICER
RECORDS ~LkNAGE/~IENT OFFICER
FREEDOM OF E"IFOP~ATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtow~.nor [hfork.ne~
OFFICE OF THE TOWN CLERK
TO~VN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 79 OF 2003 WAS
ADOPTED AT THE REGULAR MEETING OF TI-BE SOUTHOLD TOWN BOARD ON
FEBRUARY 4, 2003:
RESOLVED, that the To~n~ Board of the Toxwn of Southold hereby sets 8:05 p.m., Februarv
25, 2003 at Southold Town Hall, 53095 Main Road, Southold, New York, for a public hearing
on the application requesting a waiver from the provisions of the Local Law entitled
"Temporary Moratorium on the Processing~ Review of, and making Decisions on the
applications for Maior and Minor Subdivisions, and Special Use Permits and Site Plans
containing dwelling unit(s) in the Town of Southold" for the major subdivision of Zoumas
at Bawiew for the parcel identified as SCTM# 1000-79-4-17.14 and 17.17. (The project
known as "Harbor Lights Section 5" contains frontage along North Baw~iew Road and
Anchor Lane in Southold).
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION FEBRUARY 4, 2003 V-79
RESOLVED. that the Town Board of the Town of Southold hereby sets 8:05 p.m., February
25, 2003 ar Southold Tox~aa tlall, 53095 Main Road, Southold, New York, for a public hearing
on the application requesting a waiver from the provisions of the Local Law entitled
"Temporar3r Moratorium on the Processing, Review oh and making Decisions on the
applications for Maior and Minor Subdh~isions, and Special Use Permits and Site Plans
containing dwelling unit(s) in the Town of Southold" for the maior subdivision of Zoumas
at Ba3a~iew for the parcel identified as SCTM# 1000-79-4-17A4 and 17.17. (The proiect
known as "Harbor Lights Section 5" contains frontage along North Ba3~4ew Road and
Anchor Lane in Southold).
LOCATION MAP
SCALE 1"=600'
Cot
7~
39,002 sq. ft /
40,903 sq.ft
/
/
,/ //
/
/
/ \ \
/ 10
×
/
/
40)6..05 sq.ft.
\
\
(.. 4b,081 sq.ft.~_.
57,799 sq,ft. %
-~/...43, 370
39,717 sq
42,859 sq.ftT/
21
39,166 sq.ft
/ / / \
,' /
/ / / ,/~
/~4.1,354
/
/
\
64,585 sq.ft.
/ /
~46 sq.ft.
63'
C°t ~
~/ 170
5.5458
I / ' / ~7'~-... ', , I
-- ~ /' ' .
3
46,940 sq,f
7~,484 sq.ft.
~x. 9161 acres
//
Lot 62
Col ~
Co~ dC
Lot
Young & Young, Land Surveyors
400 Ostrand~er Avenue, R%verl~ead, New York ~100~
63~-727 2303
SITE DATA
TOTAL AREA = 47.7137 ACRES
· TOTAL NUMBER OF LOTS
= 22
· TOPOGRAPHY SHOWN HEREON IS FROM SURVEYS MADE BY US
AND TOPOGRAPHIC MAPS PREPARED BY OTHERS,
· DIMENSIONAL REQUIREMENTS FOR ALL LOTS iN THIS CLUSTER
DEVELOPMENT SHALL CONFORM TO THE R-fO ZONING USE
DISTRICT.
· ZONINO USE DISTRICT
· VERTICAL DATUM
AGRICULTURAL CONSERVATION
= N.GVD, (MSL 1929)
SURVEYOR'S CERTIFICATION
HOWARD W YOUNG, N,Y.S LS. NO 45892
DEVELOPER
ZOUMAS CONTRACTING & HOME BUILDERS
P.O. BOX 561
WADING RIVER, NEW YORK 11792
SUBDIVISION MAP FOR
ZOUMAS CONTRACTING CORP.
At Boyview, Town of Sou\hold
Suffolk Coun[y, New York
County Tax Map 9lstrm11000 s.:t,oo 79 S~o~, 04 Lot 17.17
CLUSTER SKETCH PLAN
FEB, 28, 2002
dUN. 20, 2001
APR. 27, 2001
MAR, 30, 2001
MAR, 2, 2001
MAP PREPARED OCT. E, 1999
ROA,E ,9o, CSP
JOB NO. 99-0602
DWG, NO, 990602_cluster_2
LOCATION MAP
SCALE 1"=600'
~o~
~o~
75
5.5367 acres
13
40,903 sq,ft.
/
/
/
/
/
t
/
%/
\ /
/ \ \ /
/ 10.5801 ~cres /
,
/ /
/ / / ~o(
/ /
/ / /
/ / /
/ / /
/
~ /
Lo~/e2
x 11 "
\ \ 40,~05 sq.ft.
\
\
37,799 sq.ft. ~,
59,7i7 sqfft
/
42,859 sq.ft?/
39,166 sq.ft. IN
/
/
'N( 48,62~ sq.f
/
L41 ,~64 I~ X
/
/ / N.//
/ /
/ /
/ /
/ /
/
I Lot /
/ /
/
/
/ /~
/ /
/ /
/ /'~'
/52/146 sq.ft.
/ /
/
/
/
/
/
/
64,585 sq.ft. /I
\ \ /'"'-'
\\?\\x 2
,~ ~2N, 342 sq.ff.
/ / o
33O
\ \
\ 'x -~.,.\
k
\\ 4
56.1¢2 sq.ft. \ /
'k,, k ,, X ~ot
k I k ~ 58//
46,940 sq.~. ~ot 60
/
~ Lot 61
Lo( 62
Lot
Young & Young, Land Surveyors
SITE DATA
TOTAL AREA = 47.7137 ACRES
· TOTAL NUMBER OF LOTS
= 22
· TOPOGRAPHY SHOWN HEREON IS FROM SURVEYS MADE BY US
AND TOPOGRAPHIC MAPS PREPARED BY OTHERS,
· DIMENSIONAL REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER
DEVELOPMENT SHALL CONFORM TO THE R-40 ZONING USE
DISTRICT.
· ZONING USE DISTRICT
· VERTICAL DATUM
AGRICULTURAL CONSERVA~ON
= N.G. VD. (MSL 1929)
SURVEYOR'S CERTIFICATION
HOWARD W. YOUNG, i~.Y~.~L,S. N0'~45893~
DEVELOPER
ZOUMAS CONI~RAC~NG & HOME BUILDERS
P.O, BOX 561
WADING RIVER, NEW YORK 11792
SUBDIVISION MAP FOR
ZOUMAS CONTRACTING CORP
At Beyview, Town of Soufhold
Suffolk County, New York
County Tax Map Dis[riel 1000 S,~t,o~ 79 alo¢~ 0~ Lo[ 17.17
CLUSTER SKETCH PLAN
FEB, 28, 2002
JUN, 20, 2001
APR, 27, 2001
MAR, 50, 2001
MAR. 2, 2001
MAP PREPARED OCT. 6, 1999
SCALE 1"= ,00' CSP
JOB NO 9g-0602
DWG, NO. 990§02_cluster_2