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housing development Director Jim McMahon comes forward to you and says, I can get $50,000 in
grants that will reduce the cost of this house to such and such a level, and it seems pretty good.
Unfortunately that money isn't always produced. I think one of the things that the Town Board has got
to investigate before it grants any of the affordable housing requests for increased density is how many
of those grants actually came through?
COUNCILMAN ROMANELLI: Every one of them.
ALEX WIPF: $50,000?
COUNCILMAN ROMANELLI: Everyone that applied for grants in the last at least two affordable
housing projects, applied for grants, was eligible for grants, got the money for the grants.
ALEX WIPF: How much were the grants?
JIM MCMAHON: $30,000.
ALEX WIPF: $30,000 grants. All of them were gotten. The $50,000 grant will come through on this
as well?
JIM MCMAHON: This particular application does not request any assistance in grant money.
ALEX WIPF: So, there are no grants in this housing development at all? Then I have been
misinformed about this. I think the important point to make is that if grant monies are applied for, and
they don't come through then it adds to the cost of the house. In addition there are other things to be
considered. The asking price for an affordable house is before add-ons are added. It is not uncommon
for developers to add, to say if you want particularly windows, if you want particular accessories, it is
going to increase the cost of the house. I think that is something that also has to be investigated. How
many houses have been sought at the asked for price, or have there been a number of add-ons? These
add-ons, the grants that mayor may not come in, and my understanding is that they all didn't come in,
but I take you at your word, Jim. Add the cost of the house, and what happens is it pops it out of the
rate of people who are seeking affordable housing. Also, the cost of the housing themselves really fits
into, not the lowest level of affordable housing, which is where CHI would come in. It fits into that
group of people that are right on the edge, and if any increase in cost pops them out of it. I think that
we have to check very carefully before you grant this density increase. I have nothing else to say other
than I believe you would have to examine the past record of affordable housing projects to see who is
actually in those projects, to see if in fact there were people who were qualified for affordable housing.
CHI is a much better alternative, and I hope in fact you will consider developing in already established
housing, and to see if it works before you grant any density increases and build new housing in open
space. Thank you.
MELANΠNORDEN: Many of those of us who live in this neighborhood have been very concerned
about the SEQRA Review process. Melanie Norden on McCann Lane, Greenport. Many of us who live
in this neighborhood have been concerned about the SEQRA Review process, and the County Planning
Commission, and also, the Southold Planning Board, and how the economic, social, environmental
factors, and all those things that are to be considered by the Town Board as the lead agency will in fact
be considered. The Planning Board has read a report this evening, but though this application has been
before the town since last July there still isn't enough information for the Planning Board to conduct a
8
theory review. That is significant to many of us because the Planning Board's not conducting a review,
in fact, changes the complexion of the Town Board's vote. In addition, the County Planning
Commission not conducting a review changes the complexion of the Town Board vote as well. So, I
would like to actually ask the Town Attorney if he could comment a little bit on what the SEQRA
Review process is, and how it should unfold, because in point of fact this should all have happened
presumably by the time that the application has come to this point.
TOWN ATTORNEY YAKABOSKI: A couple of things, Melanie. Number one; I believe the Board is
going to be keeping this hearing open pending a completion of the SEQRA process. That is point
number one. So, there will be no vote this evening.
MELANΠNORDEN: I understand that but isn't the SEQRA process, and it's components supposed
to be basically completed by the time the public hearing takes place?
TOWN ATTORNEY Y AKABOSKI: You can go either way on that.
MELANIE NORDEN: Not according to what I have read.
TOWN ATTORNEY YAKABOSKI: What is happening is the SEQRA process being completed
additional information was requested by the environmental folks that did the report, and a letter has
gone out to the applicants saying we need the additional information. What is going to happen is once
the additional information is completed, and the Board will have to render a SEQRA Determination.
The SEQRA Determination will then be forwarded as lead agency the SEQRA Determination will then
be forwarded to both the Town Planning Board, and the Suffolk County Planning Commission.
MELANIE NORDEN: But, why was this not done before this came to a public hearing?
TOWN ATTORNEY YAKABOSKI: As I said, you can do it different ways. See what is going to
happen the important point about that, Melanie, is that this Board and the other Boards, excuse me this
is one rendering the decision, will not be making a decision prior to SEQRA being completed. One of
the important factors of SEQRA, and I think is an opportunity like this, the community to give input.
For example, the sump question, which was back and forth a few moments ago, that is one of the
benefits of having the folks in the community come forward at a public hearing like this to render that
kind of information to help fill out the Board's knowledge, so that when the other Town Planning
Board, the Suffolk County Planning Commission, give their advisory opinions they have a full and
complete picture.
MELANIE NORDEN: I disagree. Actually the Planning Board in point of fact if it were to have done
its job as stated in the Town Code it would have analyzed all of these factors, and all of these
engineering factors. The sump question has been brought up here repeatedly for months. The very fact
that the Planning Board has not been able to address this yet, and needs information from laypeople
about a serious engineering issue on property owned by the Town I think is a specious argument. In
point of fact all of this information has been given at these meetings for months, and we have written
letters repeatedly about this, and it seems that there is something that is very backward in a process,
which now says we are at a public hearing, but we don't have all the information. There has been
errors in the application. The application, by the way, calls for thirteen lots and not for ten lots, so we
are even getting a presentation tonight that is different from the actual application that is before the
town, and now we are told that we are at a public hearing, but we don't have any of the information
9
that we kind of needed to have in order to analyze and really have the Town Board perform it's rule as
lead agency. That information should have actually been here by tonight so that we could, as
community people, rely on the expertise of the Planning Board and the County Planning Commission,
and make sure that we know that our Town Board has that information.
TOWN ATTORNEY YAKABOSKI: You are still going to get all that. You are going to get all that
information. You are going to get all that. We are not closing the hearing.
MELANŒ NORDEN: I understand that, but I think that in point of tàct that information should have
been here prior to the public hearing, and it indicates I think both in the Town Code, and in the
SEQRA guidelines that information should be conducted and should be available. We have a lot of
economic, social, environmental factors, and we have no information tonight that is speaking to those,
and we have a Planning Board that hasn't rendered a review. They have only rendered a report, and
they basically said we can't make a decision yet. The serious part about that is that, that may in fact
change the vote.
SUPERVISOR HORTON: Thank you. Are there any other comments on this particular public
hearing?
DOUG COOPER: Doug Cooper from Mattituck, ladies and gentlemen. In the time that the town is
now facing density issue as to how much we wish to grow, and preserving farmland and open space I
strongly support high density around the hamlets and in the hamlets. However I don't believe this
should be given away for free. I think the Town needs some kind of a TOR Program or at least the
owners buy some development rights or other farmland or open space, and extinguish them in the
increase in density. I think that is vital for this town and the community as we go towards the future.
Thank you.
JIM DINIZIO: Jim Dinizio, 39 Sound Road. I live just about five houses away from this development.
I have to agree with Melanie 100%, and I think what she is saying that you are unprepared for this
meeting. I think that the Planning Board basically stated that, too, that they cannot make a decision
because they don't have enough information, and to rely on laypeople, as Melanie said, is not the
proper procedure. We are relying on you, and you should rely on your experts. That is what we pay
them for out of our taxes. If the Suffolk County Planning and the Planning Board itself can not look at
an application after the many applications that they have looked at and make an intelligent decision.
That application was not complete. Okay? And that to my mind falls in one direction, the person that is
supposed to give you these resolutions complete. So, I ask you that you not hold this hearing open, that
you close it right now, or after everybody has commented, and you make a resolution voting it down
right now. If they want to come back with an application that is complete, then let them come back
with an application that is complete that we all sit around on our 67 Steps Association meetings,
discuss intelligently as opposed to being held in the dark whether on purpose or not. We are still in the
dark as to how things are going to go there. I have many questions myself. I was depending on the
Planning Board to answer them. They have not. So, I ask you to make a resolution tonight, and vote
no. Thank you.
SUPER VISOR HORTON: Any other comments from the floor?
GWEN SCHROEDER: Hi, Gwen Schroeder, North Fork Environmental Council, and I want to
second Doug Cooper's comments. That time when the Town is looking at ways to control density and
L
PLWNING BOARD MEMBERS
BENNETT ORLOWSKI. JR.
Chair¡nan
WILLlAl\! J. CREMEnS
IŒ~,"ETH L EDW.-\HDS
GEORGE [UTCHlE LATHAM. .JR.
RICf-L-\RD CAGGIANO
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To:
Elizabeth A. Neville, South old Town Clerk
Victor L'Eplattenier, Senior p,ani7
March 18,2002
From:
Date:
Re:
NYS Office of Parks, Recreation and Historic
Preservation Correspondence
Archaeological and Historical Sensitivity
fvì...Ii 1\(', INC
P.O. Box l1~g
Town Hall. 5:3095 State Route 25
Southold. New York 11971~ü95~'
Tt::'l~~phone Ifi31'1 76,:::I-19:1R
Fax' 6:¡¡, ï65-3136
RECEIVED
MAR 1 8 2002
Southold Town Cler..
Attached please find correspondence from Nelson, Pope & Voorhis, LLC,
pertaining to five sites, two of which are affordable housing sites currently
under review for proposed zoning changes to AHD.
This correspondence is being forwarded to you for your attention and any
recommendations the Town Board may have regarding these sites.
encl.
PLA."INING BOARD MEMBERS
BE:--:NETT OHL\J\\'S¡". ,In.
C:hölrr::\al\
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IŒNNETH L. EDWARDS
(;¡':UHC;E HlTCHŒ LXlR\},I. .rf<.
HICHArlD CAGGL-\;,W
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To:
Elizabeth A. Neville, Southold Town Clerk
Victor L'Eplattenier, Senior Plannÿ
March 18,2002
From:
Date:
Re:
NYS Office of Parks, Recreation and Historic
Preservation Correspondence
Archaeological and Historical Sensitivity
173
T.4
P.O. Box 11 ~9
1\'\'·:n Hal!, 5.'3095 Statr:> Routp 2.5
Slluthold, ~L''S York .l19¡1-\)u5~
Telephone '631'> 76ñ-191~
Fax I 6:n I ";f)5<3L.ilÌ
RECEIVED
MAR 1 8 2002
South old Town Clerk
Attached please find correspondence from Nelson, Pope & Voorhis, LLC,
pertaining to five sites, two of which are affordable housing sites currently
under review for proposed zoning changes to AHD.
This correspondence is being forwarded to you for your attention and any
recommendations the Town Board may have regarding these sites.
e.ncl.
'NÇ
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(631) '<:27-5':;S~ FAX (631) ~.27-.;;:a2:J
np..enCISOI""1DOpe'::Cm
FAX COVER SHEET
To:
Victor LaPlatnea
Fax:
765-1823
From:
Shana Lacey
Date:
March 11, 2002
Re:
NYS Office of Parks, Recreation and
Historic Preservation Correspondence
No. of Pages: 12
(including Cover)
Comments:
Victor,
Attached please find the correspondence from NYS OPRHP with regard to
archaeological and historical sensitivity on the following parcels/projects:
1. Zoumas, Bayvìew
2. Forestbrook, Bayview
3. MaTìne, Greenport
4. Skrezic, Peconic
5. Mattituck Housing, Mattituck
Please fee! free to call should you have any questions or require any additional
information.
Sincerely,
Shana
M~R-12-2002 11:09
NELSON 8 PCiPE,LLP
516 427 5620
¢J'T O~ .
l<J*'''\
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!5 ~ New York State Office of Parks, Recreation and Historic Preservation
~ ¡;
~ ~ H!s~Qnc Preservation Fi:ld Senlices Bureau
~ NS"fO^,51'AT5:¡; Peebles IslanJ, PO Bùx 189. Waterford. New York 12188-0189
Bernaje-TTe c.as::r¡¡
c::;¡.."'7~,:~S'Orj~'.·
51 B-237-8643
"'larch 6, 2002
Sn<:na \1. L.:i.C~:,
~elsor.. POP".5< \'"orhi;, LLC
572 \\'0]: Wbitm"n Rù"j
:\!~I\'iIk New York II c47-2188
De.:;" :"1s. Lac,y.
Re: SEORA
Zoumas/Bayvicw Subdivision.:
SCTM#1000-79-04-J7.14& 17.17
Southold, SufÙ,lk County
02PRIOO I
Thank you for r"quesring the comments of the Office ofparh, Recreation and HislOric
P'cs~r.·otion (OPRHP) concerning your project's potential impact-effect upon !lÜt"ric a'1CVur prehisturic
culru.al resüurc~s· Our staff has reviewed the documenration that )'ou provided On your project.
Preimunary comments and/or requests for additional information are noted 011 separate cr...;]osu.cs
accompanyir.g this lener. A dctcnnination ofimpactfeffec[ wiJI be: pro\'ided only aftt~ ALL docum~n~ation
requirements noted on any endosures have been met. Any q'l1esrions conceming our preliminary comments
and/or requ~sts for additional information should be: directed to the appropriate sr2.ff pcrs(!n identified or.
c::i.lch enclosure.
In case' ,vber. a Stat< agency is involved in this undertaking, it is appropriate for that agency to
deter.ninc ",¡¡dler consultation should take place with OPRHP under Section 14.0~ of thc Sew York Sl<'te
Parks. Rtcrearion and Historic Prescr-lation Law, In addition, if !.here is any fedtral agenc)- in\'ol\'~mer:.t.
Advisory Councti on Historic Preserva.tion's regulations, "Protc:ction of Historic and CulwrJ! Propercies"
36 CFR 800 requires thal agency to iniriate consultadon wirh the 5ratè Histori~ Prcs~r"'ariür. Officer
(SHPO).
Whee responding, please be sure to refer to the OPRHP Project Review CPR) nUttlber nolod above
Sincerely,
~.dI , Pu.:¡pcll¡..i
Ruth L. Pierpont
Director
RLP:bsd
Enc¡osur~(s>
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1'18P-12- 2002 11 : OS
tlELsml ' PIJPE, LLP
516 427 5620 P.03/11
5
ARCHEOLOGY COM:\'lENTS
02PRIOOl
Based on reported resources, there is an iŒcheo]oglcal ,itè In o. adiaccrH 10 V','-Ir
project area. Therefore the Office (1f PJrks. Recreation ,me Hi<ton¿ Pre,er\ ~lic'r.
I,OPRHPì recommends that a Phase I drche(Jloglc~1 sur\ey is Wdl1'Ji1t,'d j',)r all pO!1Jon'
of the proJect to involve gDund disturbance, lmless substantial prior ground dis(UrbJnc'~
can be documented. If YOll èonsider the project 'Œea to be dis!urb;,d. documenlJ(ion ot' lhe
disturbance ",ill need to be reviewed by OPRHP Examples of disrurb;¡lh:~ Include
mining acri \'itres and multiple episodes of building construction Md demolition.
A Phase ] survey is designed to derennine the presence or absence of
archeological sitcs or other cultllraJ resources in the project's dre,l of potential effect. Tk
Phase I survey is divided into two progressive units of study including" Phase 1..\
sensitivity asse$sment and imtial project area field in;;pcction, and a Phase 1 B subsurfoce
testing program for the project area. The OPRHP can provide standards fOr' conducting
cultural resource investigations upon request Cultural resource surveys and survey
repons that meet tbese standards' will be accepted and approved by the OPRHP.
Our otfice does not conduct wlrur,'¡ resources surveys. A 36 CFR 61 qualified
archeologi:;t should be retained to conùuct the Phase 1 survey. Many archeological
consulting finns advertise their availability in the :cHow pages. The services of qualified
archeologists can also be obtained by contacting local. regional. or statewJde professional
archeological organizations. Phase 1 surveys can be expected to vary in CO~l per mile of
right-of-way or by the number of acres impacted. We cncourage you to contact a number
of consulting finns and compare examples of each finn's work to obtain rhe best product
M. Schiffer';
()3/01,'O~
Documentarian of ground disturbance should indude a description of ;he
disturbance with confimting evidence, Confinnation can incJude current photographs
and/or older photographs of the project area which illustra¡c ;he disturbance
(approx.imate]y keyed to a project area map), past maps or site plans that accurately
record previous disturbances, or current sot! borings that verify past disruptions to ¡he
land. Agricultural activity is not considered to be substantial ground disturbanëe and
many sites have been identified in previouslv cultivated lanel.
If you have any questions concerning archeology. please c,,]I Mike Schifferli at
(518) 237-8643 ext. 328 L
fIEI. <CCiN " PCiPE. LLlo
516 427 5620
P.04/11
MAP-12-2002 11:10
~
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ç HEW YORK STAtE ~
New York State Office of Parks, Recreation and Historic Preservation
HIs1vric Praservatior Field Services Bureau
Peebles Island. PO Be< ~ 89, Water7ord. New York 12188·0189
5'8~23-;--8643
8emê.ce(~" C~S1fC
CO!TIm¡;sloner
~lar..-.:h 6. 2002
Shan, M. Laoe}'
Netôon. Pope &: \"00rl1i5. LLC
5~2 Walt Whirman Road
Md\'ille, New York 1 ¡ 74--" IS,
tR3oo~ß~~~'
MAr- IJ (¡ ¿UùL 0'L--,., i..f
NELION I POPE:tlPl.~ '.
Dear ?\'1;;. Lace~r
Re:
SEaR;>.
Ma TinelGreonport North of North Road..'
SCTM #1000-35-01·04
Somhold. Suffolk Count)
02PR099S
Thank you fur requeSÚng the comments of the Office ofParks Recreation and Historic
Preservation (OPRHP) conC(ming your proje~r'ô potential irnp.ctlefìect upon historic andio' prehistD'¡o
cul~ral re-sourc!:,;-, OUf sr.affhas revicw~d the: doçumcntatiOll rhaL you provided on your projt::cr.
PrelíminaT)' cùmmenrs 3ndlor requests .tòr ad.:i¡lional inion-nation are noted on separate; enclosures
,,-ccompanying this lener. A detcrmin.tion of impacl'effecr will be provided only after ALL docurnentaMn
n.:quiremenrs J1o[~d on any el!closures have been met. Any que,;tions çonceming our preliminary c.:O~l1ments
and/or reqllests for addÙional information should be directed to rile appropriare stJrIpcrsøn idenriikd on
each enc}osure.
In cases lA'here a sta.J:e agency is involved in this undertaking, it is appropriate Iòr that agency!O
determine wberher consuJ¡ari~n should take ploce wiL'> OPRHP under Secrion 14.09 of the New York Srate
Parks, Recreation and Historic Prescrv.tion Law. In .ddilion, jfrhere is any federal agency in"oJvement
Ad"isory Council on Historic· Preservation' s reguJo¡jons, "Protection of Historic and Cultural Propen:ies"
36 CFR 800 requires lhat agency to initiare consultation with the State Histonc Preservarion Officer
(SBPO).
\\'!;en :esi'cc.ding, pleosc be su'e to ,efer to tile OPRHP Projecr Rev;ew CPR) nuæber r.ored above.
Sincerely.
~ d J, d () .
I ~'71 ,n.~.l"pC1lJf-
Ruth L. Pierpont
D1rector
RLP:bsd
EncIosl¡re(s)
An Equal Opponuniry/Affrrmativ8 ActiQn Agency
C~ pr, ' llId on rtlC)',;,gø paøer
MSP-12-2002 11:10
r<EL SLJ~1 g POPE, lLP
516 427 5620 P.05/11
ARCHEOLOGY COMMENTS
02PR0998
Based on reported resources, there is an archeologIcal SIle in or adjacent ro your
project area. Thcrdore the Office of Parks. ReCrea[IOn and HIsronc Presen O[lim
I,OPRHP) recommends that a Phase I archeological surve) is warranted for all pOrtiOn>
oi the project [Q IOvo]ve ground disturbance. unless substanlial prior ground disturbance
can be documented. If you consider the project area [Q bc disturbed. ciotumenmtion of the
disturbance wil1 need to be reviewed by OPRHP Examples of disturbance include
mining activities and mu,tip!e episodes of building construclion and demoJition.
A Phase 1 survey is designed to detelmine the pres~ncc or absence of
archcologicaJ sites or other cultural resources in the projcCI$ area of potentia] efkcL The
Phase 1 survey is divided into two progressive units of study including a Phase 1.-\
sensitivity assessment and initial project area field inspection, :iI1d a Pha.,e lB subsurface
testing program for the project area. The OPRHP can provId.; standards for conducri~g
cultural resource investigations upon request. Cultural resource surveys :iI1d survey
reports that meet these standards will be accepted and approved by the OPRHP.
Our office does not conductculturaJ resources surveys. A 36 CFR 61 qualified
archeologist should be retained to conduct the Phase 1 survey. Many archeological
consulting firms advertise their availabiJity in the yeIlow pages. The services of quaJified
archeologists can also be obtained by contacting local, regional, or statewide professional
archeological organizations. Phase 1 surveys can be expected to vary in cost per mile of
right-of-way or by the number of acres impacted. We encourage you to conract <i number
of consulting firms and compare examples of each firm's work to obtain the best product.
Documentation of ground disturbance should include a description "f the
disturbance with confirrning evidence. Confirmation can include current photographs
and/or older phorographs of the project area which j lIustrale the disturbance
(approximately keyed to a project area map), past map> or site plans that acclIraleJy
record previous disturbances, or CUrrent soil borings that verify past disruptions to the
land. Agricultural activity is not considered to be substantial ground disturbance :md
many sites have been identified in previously cultivated land.
M. Schiffcrli
03../01/02
If you have any questions concerning archeology. pkase call Mike Schjfferli at
(518) 237-8643 ex! 3281.
MpF'-l;~- 2802 11: 11
NEL3iJH ,. PiJPE.LLP
:: v:=, ~¡;::n 5620
P.05/il
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o NEW 'I'~R ( ST....TE ~
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C;;,'rIfTil5,S;{1.")d"
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New York State Office of Parks, Recreation and Historic PreservaUon
Historic Preservation Field Services Bureau
Peebles ISland. PO Bcx 189, Waterlord. New York 12188-0189
518·237 -8643
March 6, 2002
Shan. M. Lac"y
Nelson Pope & Voorhis. LLC
572 \\' aJ! Whitman Road
l\1el"i11e. New Yor).. ] i"4'-::lÍi8
Dear J.\15. Lac~y:
Re: SEOR.<\.
Skrezlc Change of Zone-'Peconic!CR 48
sen.1 # J 000- 74-04- 14. ¡
SouthoId, Suffolk County
1J2PR0997
Thank you for rcqucsling the comments o/the Office o/Parks. Recreation and Hi,toric
Prèservation (OPRHP) concerning your project's potenlial impact/'effect upon historic and/or prehistoric
cultura1 resources. OUf statT has re\iewed the documentation that you provided on your projcct.
Preliminary commènts and/or reque::;ts for additions} informarion arc noted on separéltt:' em::iosurcs
accompanying this lener. A detem1Ìnaûon of impaweffect will be provided only after ALL documenwlUn
rcquìrcment5 noted on any enciosures have been met. Any questions conceroing our prdirninCif)' comments
andlor roquest' for additIonal infonnation should be directed to rhe appropriare staffp~rson identified (In
each encJosure.
In cases where a state agency is involvC'J in this undertaking, it is appropriate for [ha1 SgCIlC)' to
determine whether consultation should take place wirb OPRHP under Section 14.09 ofrbe -';ew York Sta'"
Parks, Recreation and Hi$toric Preservation Law. In addition, if there is any federal agency in"olv<men~
Advisory Council on Historic Preservation's regulations. "Protection of Historic and Cultural Properties"
36 CFR 800 requireslhat agency to initiate consultation with tbe Srate Histonc Preservation Officer
(SHPO).
When responding, ple"e be sure to r.fer to the OPRHP Project Re,'iew (PR) ~"mb<r noted above.
Sincerely,
~S;, Pu-~orJ-
Ruth L. Pi<rpont
Director
RLP;bsd
Enclosure(s)
An Equal OpportlJnity/AHirmative Action Agency
o prilllsCI 01'\ rðCyO;; i:lø põl~'
('>~~,~'-12- 201;:12 1 !" : 11
r-~EI__'=I]~ :;. POPE. I_LP
Sit: 42'7 5620 F.Ø'7/11
"\RCHEOLOGY COMl\l£:\TS
02PR0997
Based on reported resources, then: i, an archeologiCl] sIte ¡¡¡ or adlzlèCrH !O :our
project area. Therefore the Office of Parks, Recreation and II,stl) ' C Preservation
(OPRHP) recommends thaI a Phase I ar~heologlcal survey is warranted ror all pOl1lOns
of the project ro involve ground dIsturbance. unless substantia] prior ground disturbance
can be documented. If you consider the project area 10 be dIsturbed, documenration of the
disturbance wi11 nccd 10 be reviewed by OPRHP, Exampks 01 disturbance include
mining activities and multiple episodes of buiJding construction and demolition,
A Phase 1 survey is dcsigned to determine the presence or absence of
ö.rcheological sites or other cultural resources in the project's area of potential effecl. The
P~I,t5e I survey is divided Into two progressive units of study including a Phase 11\
sensitivitj assessment and initial projecr area field inspection, and a Phase] B subsllI,';¡ce
testing program for the project area. The OPRHP can provide standards for conducting
cultural resource investigations upon request. CulwraJ resource surveys and survey
reports that meet these standards will be accepted and approved by the OPRHP,
Our officc docs not conduct cu1tural resources surveys. A 36 CFR 61 quaj¡fjed
archeologist should be retained to conduct the Phase I survey. Many archeological
consulting finns advertise their avaiJability in the yellow pages, The services of qualified
archeologists can also be obtained by contacting local, regional. or starewide professional
archeological organizations, Phase 1 surveys can be expected to vary in cos1 per mile of
righl-of-way or by the number of acres impacted. We encourage you to contact <\ number
of consulring finns and compare examples of each firm's work to obtain the best product.
Documentation of ground disturbance should include a description of the
disturbance with confinning evidence. Contlrmation can include current photographs
and/or older photographs of the project area which ilJustrate the disturhance
(approximately keyed to a project area map). past maps or site plans rhar accuTarely
record previous disturbances, Dr current soil borings that verify past òlsl1lptions to the
land, Agricultural activity is not considered ro bc substantial ground disturbance and
many sites have been identified in previously cultivated land.
If you have any questions concerning archeology, please call r.·hke Schifferli at
(518) 237-8643 ext. 3281.
M. Schiffer!i
03/01/02
MqP-1?-~~0Ø2 11: 11
"ELSCi" g POPE, LLP
S1t:. 4.2'7 5620
P.08/ll
i~*'~~~
~ ill
HI
i5 :¡¡
~ !:
It -
Ò' NEW YORK STATE !
:;ß-¥5f
New York State Offic,e of Parks, Recreation and Historic Preservation
Historic Preserva.tion Field Services Bureau
Pes Dies Island. PO Box 189, Water/ord, New York 12188-0189
518-237'8ô43
6~mdd",!!6 Cas1rc
CO(T'l(r>,$S'O''ler
J\larch 6. 2002
Shana J\I. Lacey
Kohan, Pope & Voorhi, LLC
572 Walt Whitman Road
Melville, New York I 1747-2188
Dear Ms. Lacey:
Ro: SEOM
l\Iattiruck HousingiMauituc'
SCTM #1000,122-02-23.1
SouthoJd. Suffolk Counry
02PR0999
Thank you for requesting the comments of ¡he Office of Parks, Recreatiun and Historic
Preserva[ion (OPRHP) concerning your project's potential impa.:veffect upon historic and/or prehi:;tur1c
cultural resources. Our 'taffhas reviewed the document.rion that you provided on YDur project.
Prcliminary cornment~ and/or requests for aóditional information are noted Of! separaTe enc10surtS
accompanyil\g rhis letter. A determination of impact/effec! wil] be providod onl, afler ALL documentation
requirements noted on any enclosures have been met. Any questions conc~ming our preliminary comments
andJor request~ for addition.1 infonnarion should be directed to the apprùpriate staff person identified on
each enclosure.
Sincerely,
~. PI.L1.(Cif
In cases where a state agency is involved in this undertaking. ir is appropriate for that agency to
d<termine whcthor consultation should take p]acc with OPRHP under Scction ]4.09 of the New York State
Parks, Recreation and Historic Preservation Law. In addition, if there is any fede,..! agency involvement.
Advisory COW1cil on Historic Preservation's regulations, "Prolecrion ofHi~toric and CulturaJ Properties"
36 CFR 800 requires thar agency to initiate consultation with ¡he State Historic Presef\'at;on Officer
(SHPO).
When responding, please be sure to rcfer to rhe OPRHP Projccl Review rPR) number noted abù\'..
Ruth L. Pierpont
Director
RLP:bsd
Enc1osure(s)
An Equal Opportuniry/Affirmative Action Agency
o DrlnleG on recYCled ~per
II
MAR-12-2002 11:12
NELSON .~ FÜFE, LLP
516 427 5620 P.09/11
. .
,\ RCHEOLOG Y COMMENTS
02PR0999
Based on reponed resources. there i, an archeological slle In or adjacem [0 your
proj~c[ area Therefore the Office oi Parks, Recrealioll and Hi,roric Presen allon
(OPRHP) recommcnds ¡hat a Phase 1 archeological sun'''Y is "-an'unred ior all ponions
of the project to involve ground disturbance. Hnles.\ SUbsl3n¡jal pnor ground dislt1rb~nce
can bc documented. If Yl)U consider the projccI area [0 be disturbed. documentation of thc
disturbance will need 10 he reviewed by OPRHP. E.xamples at' disturbance mêlude
mining activities and multiple episodes of budding construction and demolition
A Phase 1 survey is designed to determine the prc,enæ or absenœ of
archeological sitcs or other cultural resources in the project's area of porential effecl. The
Pluse 1 survey is divided into two progressive units of study mcludmg " Phase I A
sensj{ vity assessment and initial project area field inspection. and a Phase I B subsurfaœ
testing program for the project area. The OPRHP can provide $tanJards for conJucting
cultural resource investigations upon reques!. Cultural resource surveys and survey
reportS that meet these standards will be accepted and approved by the OPRHP.
Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified
archeologist should be retained [0 conduct the Phase I survey. Many archc:oJogicaJ
consulting firms advertise their availability in the yellow pages. The services of qualified
archeologists can also be obtained by contacting local, regional, or statewide professional
arche:oJogicalorganizations. Phase I surveys can be expeclec1 to vary in cost pcr mile of
right-of-way or by the Dumber of acres impacted. We encourage you to COnIact a number
of consuJting firms and compare examples of each firm's work to obrain the best product.
Documentation of ground disturbance should include a description of the
disturbance with confinníng evidence. Confirmation can inc1udt current photographs
andlor older photographs of the project arca which illustrate the disturbance
(approximately keyed to a project area map), past maps or "ire plans that accuratel y
record previous disturbances, or current soil borings that verify past disruptions to ¡he
Jand. Agricultural activity is not considered to be substantial ground disturbance and
many sites have been identified in previously cultivated land
If you have any ques¡jons concerning archeology. please "aJl Mike Schifferli at
(518) 237-8643 eXL 3281.
M. Schiff.rh
03/01102
MRR-12-2002 11:12
NELSON :<. PIJPE, LLP
516 427 5620
P. ,:J2.Vl1
.,v-n"-'....
,p ".
f'"
i!¡ ¡¡¡ New York State Office of Parks, Recreation and Historic Preservation
~ ~ Historic Preservation Field Services Bureau
~ NEW'ORKSTATE ~ Peebles Island. PO Box 189, Waterford. New York 12188·0189
~
518-2378543
B-::rr.;:¡o¿fte Cas[!'C
Cçmm;ss..:J.'1sr
March Ó, 2002
ShanE M. Lacey
Nclson, Pope & VoorhIS, LLC
j~2 Walt Whitman Road
MdviJIe.NewYotk 11747--'188
Dear ì\-1s. Lacey:
Rc: SEORA
ForestbrookiBayvicw/SCTM #)-)00-79·02-07
Somhold, Suffolk County
02PRIOOO
Thank you for requeSting the commel\[S of the Office of Parks. RecreatIOn and Hiswri,
Preservation (OPRHP) conceming your project's potential irnpacVeffcct upon hiSturic ondor prehlSwric
culrural resources. Our staff has reviewed the documentarion that you provided on your project
Preliminary commenrs and/or requests for addilionaI infonnation are noted on separ3t,~ ¡:nclo:::un.:$
accompanying this letter. A determination of impacVeffecI will be providod only aller ALL documentation
requirements noted on any endosures have been mCt. Any questions conçemlng our preliminary comm~nt5
and/or requests for addition.l information should be directed to the appropriate staff pcr>on identified on
each enclosure.
Sincerely,
~,eLra~+
In cases where a state agcm.-y is involved in this undertaking. it is appropriate for tha.t agency to
determine whether consultation should take place with OPRHP u.oder Sectiov 14.09 of the New York Sl.te
Parl,s, Recreation and Historic Pre.scrvatiotl Law, In addition, íf there is any federtll agency involvem~nt.
Advisory Council on Histork Preservation's regulations, "Protection of Hisroric and CulruraJ Properties"
36 CFR 800 requires that agency to initiate consultation with tbe Statc Historic Preservation Officer
(SHPO).
When tesponding, please be sure to refer to the OPRHP Project Review CPR) number noled abovc.
Ruth L. Pierpont
Director
RLP:bsd
Enclosure(s)
An Equal Opportunity/Affirmative ActiQn Agency
o printsd on NCyct8c:1 papelr
--
MAP-12-2002 11:13
"ELSON 8. PCiPE.LLP
51D 4¿/ 'Jb¿t:::1 r>.ll/ll
ARCHEOLOGY CO'vIl\1ENTS
02PRI000
Based on reponed resources. there is an archeological site in or adjacent to >our
proJccr ar¡:a. Therefore Ihe Office of Parks. Recrealion and Hiswric Preservation
(OPRHP) recommends thar a Phase I archeologlc:.d survey is warranted for all p01tlons
of the project [0 in\oJve ground disturbance, unless substantial pnor ground disturhance
can be documented. If you consider the project area to he disturhed. docum"ntarion or rhe
disturbance ....ill need [0 he reviewed by OPRHP. Examp1cs of disrurbanœ 1nclud(
mining acriviries and multiple episodes of building con;;truction and demolition.
A Phase 1 survey is designed to determine the presence or absence of
archeological sites or other cultural resources in the project's area of potential effect. The
Phase 1 survey is divided into tWo progressive units of study including a Phase 1A
sensirivity assessment and initial project arca fieJd inspection, and a Phasc IB subsurface
testing program for the project area. The OPRHP can providc standards for conducting
cultural resource investigations upon request. Cultural resource surveys and survey
reports that meet these standards will be accepted and approved by the OPRHP.
OUT office does not conduct cultural resources surveys. A 36 CFR 61 qualified
archeoJogjst should be retained [0 conduct the Phase I survey. Many archeological
consulting firms advertise their availability in the yellow pages. The services of qualified
archeologists can also be obtained by contacting local, regional, or statewide professional
archeological organizations. Phase 1 surveys can be expected to 'ary in cost per mile of
right-of-way or by the number of acres impacted. We encourage you to contact a number
of consulting firms and compare examples of each firm's work to obtain the best product.
Documentation of ground disturbance should include ;, description of the
distllrbance with confirming evidence. Confirmation can include current photographs
and/or older photographs of the project area which illustrate the disturbance
(approximately keyed to a project area map), past maps or site plans that accurately
rceord previous disturbances, or current soil borings that verify past disruptions to the
land. Agricultural activity is not considered to bc substantial ground disturbance and
many sites have been identified in previously cultivated land.
If you have any questions concerning archeology. please "aU Mike Schifferli at
(518) 237-8643 eXL 3281.
M. Schifferli
03/0 li02
TOTAL P. 11
.
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....11ne, Inc.
Box 1925
SouIhoId, NY 11m
7GS'-(..2~O
S-fi'3 - -7£3/7
j)() U. I.> 200:l.
r
Sov1l1ot..-þ 1ówp' C Lt:-7I.(
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'f-73fff 35',-1-lj-
'9'/2..5 c¡1 11'
G-A(Jë~.v ¡J OA 1 Y. Y
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RECEIVED
NOV 1 5 2002
Southold Ton (1,...
vv(é 11-//111 /)tf.Aw' OUIl ÆI/LICA/r~.v' Ite Gklll) /IVC--
711& A80v?..
I F you 1./ AUé A v Y C(V 1£5 Tit) tV 5 ¡J (...(!AJ {f' ¡J ¡../()¡./ e 4
/
VC:::Jl't TIlULY YOu;\. s,
~{7.~~
c.µ(L(j T;I/(¿' é. fluJ<..-íAf)O
Cot'y To.' V.ALé¡f.¡r! scofiÞ=è
"J I Þ1 fV1 c MA H. ò¡./
1o.5l-f- )I ò/...1ó t/
C 1\114 y Iÿ(fl 51 Avo
,
,.
.
,1 i ~ '11\\ Ff OL..t :''\-
,1' ~" 6i2. ~,
ý'¡~ ~.'"
(§ ~',\
= . "
'" :a: /i
'~ trip
~.~ . ~~)/
.,~~~¡ + ~~~"v
~-=:__'"":':~.>_:_ _,_¡_Llt
GREGORY F. YAKAJIOSIU
TOWN ATTOHNEY
KATHLEEN l\WRRAY
ASSISTANT TOWN ATTORNEY
l'ATRICIA.-\, FINNEGAN
.\SSr.-..; r:\NT T(i\\'N :".TT(' PI'.iFY
. .JOSHUA Y. HonTI ¡N
Supt:ll'\'i~(}l'
Town Hall, S3l1~S Rout.e 25
P.O. Box 1179
Sout.llOld, New York 11971-09S9
Telephone (6311 76S·1939
e~m[LLl'
l!j',-g.,y,Ü:ab'li'ì1dl.J.,Ü:r','-TI 1::i)uthOl\d n:; u:,-:
kathkl'n IInll raYll) 'II 1\', 11.'southold. II:,' .n.'>
1',.111 i~'Ll t¡nlll·t~.111I.:l'!1 ,\'·-n <;PiltltLrlJ n:, tl'}
'] II',', hi (Jl-' "':1-1\1'1 Hill 11
OFF1CE OJ' Tlf!: TOWN ATTOHNEY
To:
Valerie Scopaz, Town Planner
Elizabeth A. Neville, Town Clerk
From:
Patricia A. Finnegan, Esq.
Assistant Town Attorney
Date:
October 31 , 2002
Re:
MaTine, Inc. - Change of Zone
Attached is correspondence from Nelson, Pope & Voorhis together with its
enclosure, a letter from NYS OPRHP regarding the MaTine Inc. change of zone (AHD)
application. Please review and confirm that SEQRA is complete in this matter, so that the
application can be reviewed promptly when the moratorium has concluded.
Pat
PAF/md
attachments
cc: Supervisor Horton
Town Board
.'
.
III
NELSON. POPE & VOORHIS. LLC
to rJ ,.< U 'J ," i E IJ " _ L
CH';RŒS 1 '"..~ORHIS CEP ;'ICP' ,',RTHUR j VOER8ER PE . ".' IC TC'R BERT PE
I<~'SEP -l R EPIF~,rJl':'. PE . RC,BERT r~ ~JELSC,fJ JR P E
P.liJL~.I H~f~;.' f'LS .TH(,M.',SF L.',r'.IeO PE
October 28, 2002
Greg F. Yakaboski, Town Attomey
Town of Southold
Town Hall
53095 Route 25
PO Box 1179
Southold, NY 1197 L -0959
Re: MaTine, Inc. Change of Zone
SCTM #1000-35-01-04
NP&V #02008
Dear Greg.
As you knolV, I forwarded the originaL photographs of the surroundings areas of the above
referenced project site to OPRHP for review on October 11. 2002. Attached please find
correspondence from OPRHP stating that the residence facing Main Road immediately west of
the l\1a Tine parcels appears to meet the criteria for inclusion in the State and National Registers
of Historic Places and that it is the OPHRHP opinion that "de\'elopnœllt of th~ Ala Tille property
will h(/\'e No Adverse Impact all this or other historic resources prOl'Ùled that a \'~getati\'e bujtá
is lIlai11lailled hent'eel¡ the n\'O properties to mitigate potential \'isual impacts to the historic
rf!sidl'llce ".
Please feel tì'ee to call should you have any questions or require fUI1her assistance in this matter.
Sincerely,
NELSON, POPE & VOORHIS, LLC
Ct J
)!c't/ :{\. //~2-C_~_
Shana M. Lacey /~
OCT 3 0
.,
':1
l:¡ ¡Ii
: ~ I j i
!¡~::'I
j
cc:
Catherine Mesiano. Inc.
, l ~ I,'; L
r -
I' I
il .,.,
L__i
or
. '-,
_.-~--
572 ~'\!~L..T '.'. HITrv14N ROÄD. MEL-"ILL.E, NY 11747 - 21S8
(631j 427_5665 FAX ¡S31i 427_5620 ',,'~\N'\Jv NELSON POPE COM
.
.
i~~*Cf'€l'TION'''<I'~\
<r -<>
~ ¡\
~ ~ New York State Office of Parks, Recreation and Historic Preservation
~ ~ Historic Preservation Field Se/Vices Bureau
it 5
o NEWVORKSTATE % PeEbles Island, PO Box 189, Waterford. rJEw York 12188-0189
518-237-8643
B,=rr,a:Je(¡i: Cds!ro
CL'mmISSlon~r
Ms. Shana 1vI. Lacey
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, New York 11747-2188
,~
October 24, ~IC:; ¡re:--\ ~_\ ~ ~l \71~ IUd)
Lnlt~',~Jb\j \-1 ~)
'.', -<"V
; '..,'(, '''---)
NElSOli & POPE
~ ,- ~
-,
Re:
SEQRA
Ma Tine, Inc.. Greenport
T/Southold, Suffolk Co.
02PR00998/ NP& V 02008
Dear Ms. Lacey:
The Office of Parks, Recreation and Historic Preservation (OPRHP) has received the
additional documentation you provided on this project. As the state agency responsible for the
coordinalion of the State's historic preservation programs, Including the encouragement and
assistance of local preservation programs, we offer the following comments.
Based on the photographs submiIted by your October 11"" leIter. the late-19'" century
residence facing Main Road immediately west of the Ma Tine parcel (SCTM1 000-033-005-015)
appears to meet the criteria for inclusion in the State and National Registers of Historic Places.
It is the OPRHP opinion, however, that development of the lvIa Tine property will have No
Adverse Impact on this or other hisloric resources provided that a vegetalive buffer is
maintained between the two properties to mitigate potential visual impacls to the hisloric
residence.
The previously submitted Phase 1 NB archeological survey by Bernstein et al. for the lvIa
Tine property has been reviewed; OPRH P concurs Wllh the conclusion of the Bernstein report
that further archeological testing is not warranted.
If you have any questions regarding this review, please call me at (518) 237-8643,
extension 3283. Please refer to the projecl number (PR) above in any correspondence.
SInC ely,
- ~I
C¿'J
./ -;'
'¡'-/f'lt {{(.j .' {¡;. ~Úc
I ames Warren
. istoric Preservation
Program Analyst
An Equal Ç)pportunity/Affjrmative Action Agency
(} printed on røcy¡:led paper
~
NELSON, PO. & VOORHIS, LLC
E r, , I ROt, roo') E ," T .:. L. . P L. .;. rJ r~ I hJ G . c; C' N S U L T I ¡.j G
CHl"RLE3 J ,_,::·:::·F,hr; ,~EF ~I::::F. l"FiTt-JIJR -' Y':ÆF18EP, P:;: . '.I~JCE~JT:::' CÜfJ!IELI_' PE.
, ·.=r,:.F eEFT PE . J,:,:;¡::PH F F:PIF"ill~ FE' P,:,BEriT:, rIElS-]!I. .If" PE
P·~IjL ~,! R -'c:;: P L ::
May n 2002
RECEIVED
Ms Ruth L. Pierpont. Director
NY S Ofîice of Parks, Recreation & Historic Preservation
Peehles Island; Field Service Bureau
POSI Office Box 189
Walcrford. 12188-0189
PhO[Lc I 5l8'1 237-86-1.3
FJ.\." 15 t8'¡ 233-9ù49
JUN 2 4 2002
Southold Town Clar..
Re: u2PRtJ998
Phasè I Cultural Resource ASSeSSITIènt
MaTine. Inc.. Greenport
Town of SoutholcL Suffolk ('oum)'
NP&V No 02008
Dear 1\ls. Pierpont:
Attached, please find one (1) original of the complelcd Phase r Archival Search and
Archaeological Suney for the above referenced sile. This maIter is being forwarded direcIly [0
your office for reI iell. as there is a pending subdl lision application with the Town of Southold.
Please note that the repon inloll'ed a detailed Phase 1 documentary sIud)' which conclulled Ihc
following:
"1VO fÚrrher ...trchaeo!ogiL'al i/1\'t')tiC:llriOIlS (In,:' recoflllJ/('}uit'd"
Please reviell this report at your earliest cOill·enience. and fomard a letter indicating your
concurrence with the conclusions and recommendations of the professional archaeologist as
noted in the reporT
Thanh: you f,Jr your assistance. and please feel t'ree to call should you have any questions.
ij lE~[E~\WlE Inì
~I MAY 28 ~:;;- ~
TOWN AITORNEY'S OFFICE
TOWN OF SOllTHOLD
Vcry truly yours.
NELSON, POPE & VOORHIS, LLC
.,
.-->~;-_.
Shana .~I. Lace)'
V:: Grc~ LLi,,¡DU"i. Lq.. T,>\'. n "r SDLlthDIJ T,j'.lll .-'\[l,"fIlè)
,-,,-=- __"I ,¡-"I r l~rJ HI::.J-~O r·vl':::L.II_~E' I'J'( '17....:J.~-21ES
'-'3~ II 4¿-:'-~66~' """'::',., '6:.:' 1.' L .2-7_5E2'~·
,-,elsc:",,::·c,pe ,~Gn-
GREGORY F. YAKABOSKI
TOWN ATTORNEY
.
. JOSHU,A Y. HORTON
~uper\'l:3or
Town Hall, 53095 Route 25
P.O. Box 11 ~9
Southold, New York 11971-0959
Telephone ,631" 765-1889
e~mail:
greg.yakaboskÜg-town.southold. ny. us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
RECEIVED
May 20, 2002
JUN 1.l 2002
Chic Voorhis
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, NY 11747
Southold Town Clerk
Re: MaTine, Inc. - Request for Change of Zone
SCTM #1000-35-1-4
Dear Chic:
I am enclosing the following in regard to MaTine, Inc. - Request for
Change of Zone in the Town of Southold:
· Copy of letter to Mary Wilson, Asst. Town Attorney from Catherine
Messiano dated May 9, 2002
· Copy of letter to John Hurtado from Albert J. Krupski, Jr.,
President, Board of Trustees dated May 7, 2002
· Spiral-bound Stage I Archeological Survey prepared May 2002
Please review and respond.
Thank you.
Very truly yours,
ß ¡~
'þ. q '(.~ hlJéi) fc, ,
¡ regolt)1f aka oski, Esq.
T own ~Jr ey
I
\'-_/
~
encs.
cc Catherine Mesiano wlo encs.
Planning Department wlo encs.
.
CATHERINE MESIANO, INC.
12 MILL POND LANE
EAST MORICHES, NY 11940
631-878-8951
.
RECEIVED
JUN 11. ZOO2
Southold Town Clerk
May 9, 2002
Mary Wilson, Asst.Town Attorney
Town of Southold
Box 1179
Southold, NY 11971
RE: MaTine, Inc. Request for change of Zone
Dear Ms. Wilson:
In response to your letter of March 26, 2002, enclosed please review the
following:
1. Stage I Archeological survey. Please forward to Nelson Pope & Voorhis
for their review.
2. Town Trustees letter of non-jurisdiction.
3. The SCWA availability letter is still pending. We will notify you as soon as
it becomes available.
4. Rates for affordable housing are mandated by Southold Town and other
municipal requirements.
Very truly yours,
f
1"/·, L
/ ,/ ,"/
/ I J,{/....<-:<~"'L-U
;. :._:','3..{~---/!t'l::~ t.l
Cåtherine Mesiano, President
Enclosures
Cc: Planning Department
íÔ) [E [: [E~ w æ ~
!r...\ I
U U I MAY 1 3 2002
L._____.
TU,'.N f,"TORNFY.' GFFICE
1 ~'~A:I~~.I r':F_-_~()1 !/H.-='! D
-
Albert J. Krupski, Presiden t
James King. Vice~President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
.
BOARD OF TOWN TRUSTEES
TO\VN OF SOUTHOLD
May 7, 2002
Mr. Jolm Hurtado
P.O. Box 1925
SOllthold. NY 11971
RE: l\Ia Tine Inc.
Subdivision Plan for SCTl\I#35-1-4
Dear Mr. Hurtado:
Town Hall
. 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone ,631, 765-1892
Fax(631J 765-1366
RECEIVED
JUN 11.. 2002
Soulhold Town Clerk
The Southold Town Board of Tmstees reviewed the subdivision plan and detennined the
proposed subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town
Wetland Code.
Howe\er, any acti\ity within 100' of a Wetland line would require pem1its from this office.
This detennination is not a detern1ination from any other agency.
If you ha\e any fUlther questions. please do not hesitate to call.
Sincerely,
~"1
I~ ï'J--vß.' ~
/
Albert J. KI1Ipski, Jr.
President, Board of TI1Istees
AJK: lms
--
"
,
.
.
RECEIVED
JUlCu..m
Soufhold Town Clerk
STAGE I ARCHIVAL SEARCH and ARCHAEOLOGICAL SURVEY
for
SUNSET COURT
GREENPORT, TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
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Prepared by:
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David J. Bernstein, Ph.D.
Michael J. Lenardi, M.A.
Daria E. Menvin, M.A.
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The Institute for Long Island Archaeology
Department of Anthropology
State University of New York at Stony Brook
Stony Brook, New York 11794-4364
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May 2002
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This report preseÍlts the results 01' a Stage I urchi\'al search and archaeological sup,e)
undenaken tor the Sunset Court properly in Greenport. T U\\n l,f Southold. SuflÖlk County. Ne\\
York. The study was performed in April 2002 by the Institute for long Island Archaeology. State
University of New York al Stony Brook. The purpose of this archaeological investigation is to
determine if proposed subdivision and residential construction on the 3.8 acre ( 1.5 hectare) pared
will ad\'ersely impact prehistoric and/or historic remains. This required archival research and an
archaeological survey \\'ith a ground surìaee inspection and subsurtàce testing.
.-\rchival research (including a surwy of historic maps and site file ,eard!es) re\'eals that
lhe project area witnessed limited discemable human activity in the past. This assessment was
contirmed by the surface and subsurface archaeological surveys of the parcel. A total of 55
shovel test pits was excavated in the project area. No prehistoric artifacts or features were
encountered. A very light density of late nineteenth through twentieth century Euro-American
material was recovered. including three small fragments of whileware and one brick fragment.
This material is probably the result of sporadic dumping of household refuse and subsequent
dispersal by plo\\ing, and as such, it has \'inually no potential ìor contributing to our
understanding of past activities in Greenport. No historic period features were identitied. No
lì.mher archaeological investigations are recommended.
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TABLE or CONTENTS
ABSTRA.CT . . . . . .
. . . . . . . . . . , . . . .
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II
LIST OF FIGURES
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IV
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
ARCHIVAL RESEARCH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
INTRODUCTION AND l\IETHOD ......................................... 5
NATURAL AND CULTURAL HISTORy................................... 5
Environmental Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Prehistoric Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Historic Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARCHAEOLOGICAL RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
FIELD INSPECTION AND SURFACE SURVEy............................. 19
SUBSURFACE TESTING............................................... 19
Results ..................................................... . . . . 20
CONCLUSIONS AND RECOMMENDATIONS ...................................22
REFERENCES .............................................................. 23
APPENDIX: Shovel Test Pit Excavation Inventory .................................. 26
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F igurc I.
Figure 2.
Figure 3.
Figure 4.
Figure 5.
Figure 6.
Figure 7.
Figure 8.
Figure 9.
Figure 10.
Figure II.
LIST OF FIGllIŒS
I\lap of long IslanJ sho\\ ing the location l)f the project area .. . . . . . .
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1967 USGS topographic map". (jrcenpol'l. XCI\' fork anJ ,'iollllwld. ,\CII' f"rk.
7.5 minute series showing the location of the project area ............
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Archaeological testing on the Sunset Court property in Greenport . .
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looking north near the nonhwest comer of the Sunset Court project area. Note
dense volunteer vegetation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Clearing near the center of the nonhem edge of the project area (in the vicinity of
the proposed road), looking south .................... . . . . . . . . . . . . . . . . . 7
1829 Burr Alias o/lhe Slale o/Xell' fork showing \'ery few buildings along I\!ain
Road on the North Fork of Long Island. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1843 Mather and Smith Geological Mup otLong uml Slatell Islands showing the
location of the project area north of Main Road in the hamlet of Stirling. . . . . . 14
1873 Beers Atlus of Long Islulld sho\\ing increasing residential development
throughout the Town of Southold .......................... . . . . . . . 15
1904 USGS topographic map, Sheller Island, Nell' fork. T \\0 buildings are
ShO\\ll along Main Road south of the project area. . . . . . . . . . . . . . . . . . . . 16
1909 Hyde Atlas o(SuOI¡lk COUIll)'. showing the project area as belonging to
Emma Tasker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
1930 Dolph and Stewart Allus otSujfolk C"UIllY showing the location of the
project area in Greenport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I R
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INTRODUCTION
This report presents the results of a Stage I archin¡l search and archaeological survey
wldertaken for the proposed Sunset Court in Greenport, Town of Southold, Suffolk County, New
York. The study was conducted by the Institute for Long Island Archaeology, State University of
New York at Stony Brook, in April 2002. The project area is located north of Main Road
(County Route 48), west of Sound Road, and south of Sutton Place, and is a parcel of
approximately 5.54 acres (2.24 hectares)(Figures I and 2). Of this total, roughly 3.8 acres (1.5
hectares) are scheduled to be impacted by subdivision and residential construction. The
remaining 1.74 acres to be dedicated to the Town of South old as a natural buffer will not be
impacted. and are therefore not included in this survey (Figure 3).
The purpose of this archaeological investigation is to detemline if the proposed
subdivision and new road and building construction with associated landscaping and utilities
installation will adversely impact archaeological remains of prehistoric or historic age. This
required archival research and an archaeological survey with subsurtàce testing. The study was
perfomled in accordance with the guidelines outlined in the Standards for Cultural Resource
Investigations and the Curation of Archaeological Collections issued by the New York
Archaeological Council (1995).
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project area
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Figure I. Map of Long Island showing the location of the project area.
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Figure 2.
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1967 USGS topographic maps, Greenport, New York and Southold, New York, 7.5
minute series (scale I :24,000) showing the location of the project area.
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I Sutton Place
w w w w w W E
150 120 105 90 5 60 45 30 15 0
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0 0 0 0 - 590
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Oad o sterile shovel test pit (STP)
-$- STP with Euro-American cultural material
0 15 30 60 meters
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0 50 100 200 feet
Figure 3. Archaeological testing on the Sunset Court property in Greenport.
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ARCHIVAL RESEARCH
INTRODUCTION AND METHOD
An evaluation of the natural and cultural history of an area is essential to understanding
past land use, as well as determining the likelihood of encountering prehistoric or historic
archaeological sites. Human groups locate their settlements in order to best lake advantage of the
characteristics of the natural and social landscape. Thus, knowledge ofa region's history and
environmental features is crucial in reconstnIcting past behavior and assessing the probability of
locating evidence of early activities.
A brief history of Greenport and the project area is presented below. The natural history
section includes a discussion of the environment and how it has changed over time, and a
description of the topography and physical resources of the project area. The culture history
includes a discussion of prehistoric and historic settlement patterns and activities.
A search of the available published records and site files was undertaken to deternline if
any previous studies had documented archaeological remains in, or in the vicinity of, the project
area. Pertinent historical records such as maps and descriptive histories were examined to obtain
infonnation on past activities in the study parcel.
NATURAL AND CULTURAL HISTORY
Environmental Setting. The project area is located near the north shore of Long Island,
on the Harbor Hill recessional moraine created over 15,000 years ago during the retreat of the
Wisconsin ice sheet (Sirkin 1995). As is typical of the North Shore, topography is gently
undulating, with an average elevation of six meters (20 feet) above mean sea level. There are no
natural surface sources of fresh water within the project area, although there is an extensive area
of wetlands on the south side of Main Road (Figure 2).
Soils in the project area consist mostly of Haven loam, 0 to 2% slopes (Warner et al.
1975:Sheet 5). The Haven series is characterized by deep, well-drained, medium- to coarse-
textured soils with low natural fertility. A typical profile for Haven loam consists of a topsoil
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layn I AJli.-\ 1 h. 'rizunlo ' dark gra~ ish bl\lll n I,)am te> thr,'" inch", 17.11 ccnlillll'krs J. ['11<: "1'1','1
slIbsllil t 81 h,>ri/e>n I is [ighI IU m"dillm bW\\l1 sandy ["am lu an al c'rage ,[q1th ,'1' III Inch", I ~~
centimeters '¡, "hile the lower suhsoil( 8~) is sIrong (orange I hro\\ n sand [0 19 inches [-IX
centimeters). The subslratum (B31 is a light yellow brll\\I110amy sand with gr'n'ell Warner et a1.
1975:71). No cultural material is expected in the B3 soil horizon. In areas "here pkl\\ing has
occurred. the topsoil and upper subsoil ha\'e been mixed. fonning a homogeneous medium
brown silty or sandy loam layer called the plow zone lAp or pz).
Vegetation in the Sunset Court project area consists of dense volunteer growth.
dominated by cleciduous trees (red oak. black oak. locust. birch. dogwood. and wild black
cherry), with cedar trees and an understory of vines and grasses (Figure -I). Disturbances in the
project area include cutting, clearing, and other forms of encroachment along the north and south
parcel boundaries (Figures 3 and 5). Disturbed areas have a vcry low potential for the presence
of intact archaeological deposits.
As is attested to by the numerous prehistoric archaeological sites that have been
disco\'ered throughout the North Fork of eastern Long Island (see below), the natural
characteristics of the area were attracti\'e to Nati\'e peoples. Resources of the tidal creeks and
inlets. Long Island Sound, and the interior uplands were all at hand and supported many
hundreds of residents thousands of years before initial European settlement. More interior
regions like the project area may ha\'e witnessed special purpose acti\'ities, such as hunting and
seasonal nut gathering.
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Prehistoric Period. The site files of the New York State Museum (NYSI\I), Oftice of
Parks, Recreation, and Historic Preservation (OPRHP), Suffolk County Archaeological
Association (SCA.A.. Gonzalez and Rutsch 1979). and the Institute for Long Island Archaeology
(ILIA) contain information regarding two known prehistoric archaeological sites within one mile
(\.6 kilometers) of the project area. The closest known site is OPRHP A 1031 0.000223. which
consists of two quartz artifacts (an unmodified flake [produced during stone tool manufacture or
resharpening] and the base of a tool) found around a pond less than one mile west of the Sunset
Court property. The second site, NYSJ\.I4485. is a shell midden and \'illage site adjacent to
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Figure 4.
Figure 5.
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Looking north near the not1hwest corner of the Sunset Court project area. Note
dense volunteer vegetation.
Clearing near the center oflhe northern edge of the project area (in the \'icinity of
the proposed road), looking south.
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SIirling Basin identiti~d b) Parker \ I ')~¡II appro:-;imatd) dlle mile ,,\uthea,t "t ¡he pwjeL'¡ are,1.
Sneral more prehistoric sites ha\'e been repurted in the TI.I\\Il L)!'Sdu¡hL>ld be)l\nd ,1I1e mile ,>I
the project area, most along thc south shure of the North cork.
The Sunset Court property is loealed within what is considered a generalized Hzone of
intense prehistoric activity" (Gonzalez and Rutsch 1979). All of the known prehistoric sites in
the GreenpOlt vicinity are adjacent to water. Based on the presence of known prehistoric
archaeological sites, along with the relative proximi¡y of favorable environmental characteristic,
(e.g., the wetlands on the south side of J\.lain Road), the project area has a moderate 10 high
sensitivity for the presence of prehistoric remains.
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Historic Period. There are no reported historic period archaeological sites within one
mile (\.6 kilometers) of the Sunset ('ourt property in Greenport. In addition, there are no listed
or eligible State and/or National Register of Historic Places properties within or immedialely
adjacent to the project area.
Permanent settlement by the English did not occur in eastern Suffolk ('l)Unty until the
middle of the seventeenth century. At the time of contact, the North Fork was occupied by thc
Manhassets/Corchaugs, speakers of the Mohegan-Pequot-Montauk Algonquian language
(Salwen 1978), The lands known to the Indians as Yennecock (present-day Southold, Thompson
1839) were ceded to the Magistrates of New Haven, Connecticut in a series of deeds dating prior
to 1640. By the time of European arrival there was little cont1ict as local Native Americans were
already weakened by disease and from raids by the mainland Connecticut tribes. While therc was
constant fear of attack, there was little actual violence (Bayles 1874:4), and prime land and local
power quickly passed to the white settlers. There are no official reservations or settlements
recorded for Native Americans on the North Fork after King Phillip's War in 1674. However.
records of slave purchases indicate that a number of Native Americans were living in Southold
during the late seventeenth century as slaves (Booth 1990; Salwen 1978). A count taken by the
Dutch in 1650 shows there were thirty houses in all of Southold. while a 1687 census lists 113
whites and 27 slaves (Wick 1996:49-50).
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Therc are conllicting reports concerning [he original settlement ofthe T,1\\n of Southold
because all to\\11 records prior to 1651 are lost 1I\lunselI1882:1). Ho\\'c\'èr, iI is generally
accepted that in 1640 a group of Puritan settlers from New Haven. Connecticut obtained a grant
from James Farret to acquire eight square miles of land. By 1665 the town included all lands
from Wading River to Plum Island, bounded by Long Island Sound to the north and the Peconic
Bay on the south (Munsell 1882:9-10).
In the early eighteenth century, the colonists established three major east-west travel
routes to connect the small farming communities of Suffolk County. Main Road (County Route
48. just south of the project area) was officially cleared for cart use in 1704 (Bailey 1949), and
this road continues to serve as the major overland transportation route along the North Fork.
Most of the early settlers of Southold were tànllers, and any goods produced other than
those needed tor subsistence were traded to the Connecticut settlements. Clearing lands for
agriculture continued throughout the seventeenth and into the eighteenth century. The hamlet of
Greenport was settled in 1662 on land granted to Colonel John Youngs. Members of Young's
family tÌrst cleared roughly forty acres of woodland along Main Road at a settlement ktlO\\ll as
Stirling (in the project area vicinity), while another small cluster of farmsteads called Green Hill
was established soon afterward. Greenport today encompasses the area occupied by these two
small Colonial period settlements. Greenport, the name officially adopted in 1831, became an
important port, in part because it was located on a creek (Stirling Basin/Winter Harbor) that
remained unfrozen when other North Fork anchorages froze solid. Prior to the American
Revolution, there was active trade from this port to Connecticut.
Little changed in the lifeways of the English colonists of Suffolk County until the
American Revolution. Early in the cont1ict Long Island attracted British attention because of the
island's proximity to the major port of New York Harbor, and also to Connecticut and Rhode
Island. In addition, Long Island was used as a major resource for provisioning British troops, and
the local agrarian economy was disrupted as the British stripped the region of tood, timber, and
herd animals (Luke and Venables 1976).
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Industry and water-borne trade were interrupted with British occupation of the Town of
Southold, but life gradually returned to the earlier pattern after 1781. Following the Revolution
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ane! intu lhc mic!-nindeemll eelllul'). ¡he sClllemem <If [he N,JI'Ih h1l'k pruceee!ec! ,Iul\ Iy ,111,1 \\,10
conccntralt:d akH1g main tlwf,Jughbr\;..'s ~Lh.:h H::-. r..tain R()~Ld, P\)~l-\\ar grd\\th in (;¡\.'èl1p\)J"t \\ao..;
sl,)\\, but Ü¡cilitated by waterborne commerce.
By the nineteenth century the community of Greenpon I\as acti\dy cngaged ill the
construction ofwhaI'\'es. trade to Ihe West Indies, the de\'elopment of the whaling indllstry.
fishing, and oystering. The first store was built in 1828. and in 1844 the Long Island Railroad
extended to Greenport, making it possible for passengers to travel from Brooklyn to Boston by
way of Greenport via ferry and railroad. By the mid-1840s, 251 \'essels berthed at Greenport
were engaged in fishing and coastal shipping (Monsell 19901. The town became the fa\'ored
location for the homes of shipwrights, mariners, and merchants. as well as rooming houses for
travelers. Many of these nineteenth century houses are still standing.
During the second half of the nineteenth century, shipbuilding was one of Greenport's
largest industries. The local bays and harbors 1\ ere cunvenient cemers [()r ship construction. with
most yards located around Stirling Basin. less than one mile south of the project area. However,
the success of the railroad throughout the United States had a major impact on the wooden
shipbuilding industry. as railroad cars replaced coastal schooners t()r the transportation of goods
and people, Wooden sh.ipbuilding did not last much beyond 1880 in Greenpot1. when only one
barkentine was built (Welch 1993: 18).
Repercussions of the Civil War were felt throughout Southold. t\lany of the large
households of the late eighteenth Ihrough early nineteemh centuty had used slave labor ¡IIall
1975:5 I). and Native Americans and African-Americans were employed as domestics and tield
laborers through the mid-nineteenth century. Because the practice of slavery on the North Fork
had already ended prior to the Civil War, it was the loss of a young workforce to the military that
had a more direct impact on the regional economy.
Following the war, many young men left their family tànns. Some were lured to the
American west by the Homestead Acts of 1862 and 1864 I Turano 1994: 1 77). Still morc were
attracted to the opportunities otlered in the growing cities of America. Back home, one new
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local induslry that arose during the nineteenth century was brick making. As cities expanded, the
need for cheap. durable building material increased, and the brickyards of the North Fork met
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¡IWI need. 1\lost oflhc brickyards \\'ere located soulh ofNe\\ York State RL\Ulc 25 bet\\een
Southold and Greenport.
The railroad, interrupted by tinancial difficulties and the Ci\'il War. resumed regular
service to Greenport in the l870s. carrying a stream of summer \'isitors to the North Fork. Hotels
and boarding houses initially met the needs of summer guests, while the early twentieth century
witnessed the establishment of large country estates on fonner tàrmlands. Generally, these
estates were located north of the project area, on Long Island Sound, Despite the int1ux of
summer tourism, Southold remained agriculturally based and relatively isolated throughout the
nineteenth century. The tàrmsteads that lined 1\!ain Road produced large quantities of potatoes.
cauliflower, brussels sprouts, strawberries, dairy products, and eggs. The nature of the local
agricultural economy changed in 1980 when the first of a number of vineyards was established.
Since then, more vineyards, garden nurseries, orchards, and sod farms have replaced many
vegetable fam1s (I\!urphy 1990). Commercial boating, tishing. and shelltishing continue to be
the major industries for Greenport.
A survey of early nineteenth through mid-twentieth century maps reveals little activity in
and adjacent to the Sunset Court property. The 1829 Burr Atlas of the State ufNew York (Figure
6) shows virtually no settlement on Main Road between the cluster of houses at Southold east to
Orient (then known as Oyster Pond), although a few scattered fannhouses are knovm to have
lined the highway during the early nineteenth century. The 1843 Mather and Smith Geological
Map of Long and Staten lslalld~ (Figure 7) clearly illustrates the linear settlement pattern (with
houses aligning Main Road) which characterized the Town of Southold from its earliest Euro-
American occupation through the late nineteenth century. A tèw houses are shown on the north
side of Main Road in the hamlet of Stirling in the project area vicinity, and it is likely that the
Sunset Court property was under active cultivation by the mid-nineteenth century.
By the time of the 1873 Beers Atlas of Long Island (Figure 8), the railroad was running
regularly on the North Fork, more roads had been established, and settlement had increased.
Despite a general increase in population, and the development of Greenport as a thriving port
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town, the area around the Sunset Court property remained tàrmland. The 1873 map shows
fannhouses to the southwest, northeast, and southeast of the project area.
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I he 1 gu~ lISGS I')f'0~r:lphic map of S¡dle'!' ¡'¡,/lId Yell ¡'OFIe 115 minulc ocrico: I ¡gurc
'i). the 1909 IlyJe .·ll/LlI o¡'SUIIo/1e ('o/llltll hgurc: 11//. the 11)31) DI)lph and SICII an .lrll'.1 I!I
Sulra/Ie ('VUIlI)' I Figurç Ill. and Ihç 1')56 LlSGS ¡opl)gmphic map I Figure 2, all suggeslthaI thc
project area rçmained t'<tnnland during most or the t\\entieth ccntury. No buildings are sho\\n
within the project arÇa on any ofthçsç sources.
Based on the information concerning initial senkment 0 f Greçnpot1 and thç historic map
overview. the potential for the presence of significant historic f'çriod archaeological sites \\ithin
the Sunset Court property is relatively low to moderate. Expected types or deposits include
unmapped outbuilding remains, scattered tield debris. and other remnants of agricultural and
domestic activity.
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Figure 6.
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project area
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1829 Burr Arias ofrhe Srare of New York showing very few buildings along Main
Road on the North Fork of Long Island.
13
Figure 7.
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1843 ]\[ather and Smith Geological Map of Long and Staten Islands showing the
location of the project area north of Main Road in the hamlet of Stirling (later
incorporated into Greenport).
14
Figure 8.
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1873 Beers At/as of Long Is/and showing increasing residential development
throughout the Town of Southold. Three farmhouses are illustrated adjacent to
the project area at the junction of Main Road and Sound Road in Greenport.
15
Figure 9.
1904 USGS topographic map, Shelter Island. Nell' l'ork (15 minute series). Two
buildings are shown along 1\1ain Road south of the project area, which was
probably active farm field during the early twentieth century.
16
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Figure 10.
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1909 Hyde Atlas ofSu.tTolk County, showing the project area as belonging to
Emma Tasker. No buildings are shown within the Sunset Court property,
17
Figure II.
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1930 Dolph and Stewart Atlas oj'Sz!t}òlk COllllty showing the location of the
project area in Greenport.
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ARCHAEOLOGICAL RESEARCH
.-\ two phase survey design was employed to search for archaeological remains in the
project area. Similar sUr\'ey designs, used in other areas of Long Island, have proven successful
in detecting prehistoric and historic sites (Bemstein et al. 1999; Lightfoot 1986). The initial
phase of the survey involved a surface reconnaissance and inspection intended to locate large and
easily visible remains. The second phase entailed subsurface testing.
FIELD INSPECTION AND SURFACE SURVEY
An initial surface reconnaissance was conducted in April 2002. The entire parcel was
walked over, with special attention given to examining exposed soil (e.g., cleared areas, dirt
paths, and uprooted trees) for artifacts or other surface manifestations of past cultural activity.
Vegetation pattems and topographic features which might provide insight into early land use
were also noted.
Visibility is generally fair throughout the project area due to leaf litter and low vegetation,
but very good in cleared areas. No artifacts or features were encountered within the area slated
for impact during the surface survey.
SUBSURFACE TESTING
The second phase of the tìeld survey consisted of the excavation of shovel test pits
(STPs) designed to detect the presence of cultural remains buried beneath the ground surface. A
mapping datum point (NO/EO) was established near the northeast comer of the project area at a
telephone pole, and all shovel test pits are identified by metric coordinates relative to this point
(Figure 3). As mentioned in the Introduction, the buffer along the west and south boundaries of
the Sunset Court property is not slated for impact, and was therefore excluded from the
subsurtàce archaeological survey. The remaining 3.8 acres (1.5 hectares) were tested utilizing a
15 by 15 meter (49 by 49 foot) grid. A tèw shovel test pits were relocated to avoid large trees
(e.g., S3/W120, S5/W135, and S95/W90), and small sections along the north and south
boundaries of the project area were not tested due to obvious soil disturbance (Figure 3).
19
-'\ LOtal of 55 ~htn'd tl'st pit..; \...~LS èX:Ùl\'i.lh:d, S11I1\ L'l k:-.t pih ha\ è a diank'lL'r dt'
approximately -+0 ccntimeters IIi) iuchesl. .\11 ,ho\eI lc'SI 'ih were dul' well inIP Ih" lI.2 suhs,\il.
typically OWl' 60 œntimeters 1.2-+ inchesl below Ihe presenI l'round surhtce. Ihe soil from each
teslunit \\as screened through a six millimeter (l!-+ inchl wire mesh 10 aid in Ihe ¡dentitïcation
and recO\'ery of cultural materials. All cultural material. photographs, and tidd notes produced
during this survey are curated at the Institute for Long Island Archaeology at the State Uniwrsity
of New York at Stony Brook.
Recovered material was brought to the laboratory at the State University of New York at
Stony Brook for cleaning, analysis, and curation. In the laboratory. all artitàcts were cleaned,
cataloged, and recorded in a computerized tile. Shellfish remains are sorted by species, and
quantified by the minimum number of individuals rather than fragment count. llistoric period
artitàcts were identitïed and classitïed using a number of standard manuals (e.g.. Noël Hume
1970).
Results. The specitic data recorded in the field for each shovel test pit, including
infonnation on soil stratigraphy and cultural material, are presented in the .-\ppendix to this
report.
The general characteristics of the soils found in the project area are discussed in thc
Environmental Setting, above. The topsoil layer (referred to in the Appendix as the AO/A I
horizon) consists of partially decomposed organic matter and dark brown sandy or silty loam, and
extends to an average of four centimeters (1.6 inches) below the ground surtàce. All shovel test
pits contained a plow zone (pz) of medium to dark brown silty or sandy loam to an average depth
of 33 centimeters (13 inches). The plow zone is underlain by the subsoil (B2 horizon), orange
brO\vn silty or sandy loam (occasionally with pebbles and gravel). The BJ substratum of yellow
brown silty sand with pebbles and gravel was reached in eleven shovel test pits (Appendix).
A very light density of Euro-.-\merican cultural material was recovered during subsurtace
testing. Three shovel test pits yielded three small fragments of white ware and one brick fragment
(Figure 3: Appendix). None of the ceramic tableware sherds had a maker's mark or other
temporally diagnostic feature, and can only be roughly dated to the late nineteenth through
20
.
.
twcnticth Cèntury. '1 hc singlc picce of shell rcco\'crcJ from STP S9iJ/\\'-+:, is of unccratin agc.
Nu hisloric period features werc cnc0unlercd Juring the archaeological sUr\'ey uf Ihe project arca.
The Euro-.-"\merican cultural matcrial recO\'ered from sho\'el test pits on thc Sunset Court
property is uf\ery light density and low di\ersity. It is probably the result of sporadic clumping
of household refuse and subsequent dispersal by plowing, and as such, it has \'it1ually no
potential for contributing to our understanding of past activities in Greenport.
I'
r
l:
l
[
l:
21
CONCLUSIONS AND RECOl\(l\ŒNDA nONS
.-\rchival research and archaeological inwstigation of thc Sunsct Court properl) in
Greenport. Town of Southold. Suffolk County. New York. suggests that the projcct area
witnessed limited discernable human activity in the past. There are no known prehistoric sites
within or immediately adjacent to the project area. A survey of historic maps indicates that the
property most likely was used as tànn tìelds at least as early as the mid-nineteenth century and
through the late twentieth century. While buildings lined Main Road south of the Sunset Court
property from an early date, there is no evidence that any structures were ever built within the
project area limits.
The entire project area slated for impact was imestigared with a surface survey and
subsurface archaeological testing. .-\ total of 55 shl1\'el tcst pits was excavated. No prehistoric
artitàcts. and no prehistoric or historic period tèatures were encountered. A very light density of
late nineteenth through twentieth century Euro-American material was recovered. including three
small fragments of whiteware and one brick fragment. This material is probably the result of
sporadic dumping of household refuse and subsequent dispersal by plowing. and as such. it has
virtually no potential for contributing to our understanding of past activities in Greenp0l1. No
historic period features were identified. No fi.trther archaeological investigations arc
recommended.
n
.
.
REFERENCES
Bailey, Paul
1949 LOllg Islalld: A HislOry o{TII'o Great Coumie.1 ,Vassau and SuttÓlk. Lewis Historical
Publications, New York.
Bayles, Richard M.
1874 Historical and Descriptive Sketches o{Suffolk Coumy, Published by the author, Port
Jefferson, New York.
Bernstein, David J" Michael J, Lenardi, and Daria ]\'Ierwin
1999 Stage 18 Archaeological Survey of the Kycia Property, Head of the Harbor, Town of
Smithtown, Suffolk County, New York. Institute for Long Island Archaeology, State
University of New York at Stony Brook.
Booth, Antonia
1990 A Brief Account of Southold's History. [n Southo/d TO\I'n 350th Anniversary, 1640-
1990, edited by Peggy Murphy. 350th Anniversary Executive Committee, Southold, New
York.
Gonzalez. Ellice and Edward Rutsch
1979 Suf}àlk Coumy Cultural Resource Inventory. Published by the SutTolk County
Archaeological Association, Stony Brook, New York,
Hall, Warren
1975 Pagans, Puritans, Patriots of Yesterday's Southo/d. New Suffolk Historical Council,
Cutchogue. New York.
Lightfoot, Kent
1986 Regional Surveys in the Eastern United States: The Strengths and Weaknesses of
Implementing Subsurface Testing Programs. American Antiquity 51 :484-504.
Luke, Myron H. and Robert W. Venables
1976 Long Island in the American Revolulion. New York State American Revolution
Bicentennial Commission, Albany.
Noël Hume, [vor
1970 A GlIide to Artitùcts of Colollial America. Knopf, New York.
I\Ionsell, James I.
1990 History of Greenport. In Southold Town 350th Anniversary, 1640-/990, edited by Peggy
Murphy. 350th Anniversary Executive Committee, Southold, New York.
23
Ì\lunselL \\'illiam \\'.
IXX~ 1¡¡,r"r)'u/,<"I///ulkCill//I/\·. \"', ¡"rk //,,13-/.\.1:; \\. \\. i\lllIbèll and l,IInlMnl. N.:"
York.
Ì\ [urphy, Peggy
1990 Fanning: Southold's E\er Ch.mging Heritage. In Sour/wid 1'01111 350rh .,llllliwr.\WT,
16-10-1990. edited by Peggy Murphy. 350th Anniversary Exeeuti\'e Committee.
Southold. New York.
Parker, Arthur C.
1920 The Archeological Hisrol)' olNcH' } "rk. New York State Ì\[useum Bulletin Numbers ~3 7
and 238, Albany.
Salwen, Bert
1978 Indians of Southern New England and Long Island: Early Period. In Ham/hook ofNol'lh
American Indian.\', Volume 15, edited by Bmce Trigger, pp. 160-176. Smithsonian
Institution. Washington D.C.
Sirkin, Les
1995 Eastern Long Is/and Geology \rifh Field Trips. The Book and Taekle Shop, Watch HilL
Rhode Island.
Turano, Francis J.
1994 Two Hundred Years of Family Fann Households. 1700-1900: The Archaeology of the
Terry-Mulford Site, Orient (Oysterponds). New York. Unpublished Ph.D. dissertation.
Department of Anthropology. State University of New York at Stony Brook.
Warner, J. W. Jr., W. E. Hanna, R..I. Landry, J. P. Wulforst, J. :\. Neely, R. L. Holmes and C. F.
Rice
1975 Soil Survey 45Wlòlk COl/llly, NeH' }'ork. U.S. Department of Agriculture, Soil
Conservation Service, Washington, D.C.
Welch, Richard F.
1993 An Island's Trade: Nineteenth-CentlllY Shipbl/ilding all LOllg lslalld. Mystic Seaport
l . !\i[useum, Mystic. Connecticut.
Wick, Steve
1996 Heaven and Earth. the Last Farmers olthe North Fork. St. Martin's Press, New York.
~4
.
.
List of Maps
Beers. F. W.
1873 Atlas oj'Long Island. ;Veil' York. Beers. Comstock. and Cline, Brooklyn. New York.
Burr, David
1829 An Arias of the State of Nell' York. Copy on tile, Map Library, State University of New
York at Stony Brook.
Dolph and Slewart
1930 Arias ofSl!ffolk County, Ne\!' York. Dolph and Stewart, New York.
Hyde, E. Belcher
1909 Arias of Suffolk County, Long Island; North Side-Solmd Shore. E. Belcher Hyde,
Brooklyn, New York.
l\Iather, W.W. and J. Calvin Smith
1843 Geologicall\!ap of Long and Staten Islands with the Environs of New York. In The
Narural Hisrory of Nell' York by W. W. l\Iather, Endicott, New York.
United States Geological Survey
1904 Shelter Island, Nell' York. 15 minute series. U.S. Geological Survey, Washington, D.C.
1956 Greenport, Nell' York. 7.5 minute series. U.S. Geological Survey, Washington, D.C.
1956 Southold, Nell' York. 7.5 minute series. U.S. Geological Survey, Washington, D.C.
25
APPENDIX: SHO\'EL TEST PIT EXC.-\. \ATlON IN\£NTOR\
ßasic descripti\e data from shmd test pib e:,,:a\'akd in Ihe Sunset ('oun property arc
presented in the following appendix. Excavation. stratigraphic, and a11iÜlctual information are
included. Excm·ation inforrmltion includes shO\eI test pit (STP I coordinatcs rclati\'C to project
datum. level number, stratigraphic designation (stratum), and starting ¡SO) and ending lED)
depths (in centimeters) for each excavated level.
,-\n inventory of the cultural material recovered during the project is found in the final
column. Shelltish quantity is expressed as the minimum number of individuals rather than
fragment count. Unless indicated otherwise. all ceramic tragments are undecorated vessel body
portions.
The following abbreviations are used in the appendix:
Stratum
AO/Al-topsoil
B2-subsoil
B3-substratum
pz-plow zone
So ifs
bn-brown
dk -dark
gv-gravel
Im-Ioam(y)
It-light
md-medium
ob-orange brown
pb-pebbles
sd-sand(y)
st-silt(y)
yb-yellow brown
26
.
.
APPENDIX: SHOVEL TEST PIT EXCA VA nON INVENTORY
STP SD ED Stratum Soils Cultural Material
S3/W120 0 32 pz dk bn sd 1m
32 60 82 ob 1m sd "/pb
S5/W135 0 30 pz md bn sd 1m
30 62 B2 ob 5d 1m w/pb
S15/W135 0 30 pz md bn 5t 1m
30 60 82 ob 5t 1m w/pb
S15/W120 0 32 pz md bl! 5d 1m
32 60 82 ob 5d 1m
S15/W105 0 37 pz md bl! 5t 1m
37 62 B2 ob 1m 5d w/pb&gv
S15/W90 0 40 pz md bl! 5t 1m
40 60 B2 ob 1m sd w/pb&gv
S15/W75 0 35 pz md bn 5t 1m
35 60 82 ob 1m 5d w/pb&gv
S15/W60 0 36 pz md bl! 5t 1m
36 61 B2 ob 1m 5d w/pb&gv
S15/W45 0 35 pz md bn st 1m
35 60 B2 ob st 1m
S15/W30 0 36 pz md bn 5t 1m
36 60 B2 ob 1m 5d w/pb&gv
S15/W15 0 35 pz md bl! 5t 1m
35 60 B2 ob 5t 1m
S30/W135 0 4 AO/AI dk bl! 5t 1m
4 26 pz md bl! 5t 1m
26 60 82 ob 5t 1m
S30/W120 0 7 AO/AI dk bl\ 5d 1m
7 35 pz md bl! 1m 5d
35 61 82 ob 1m 5d w/pb
S30/W105 0 2 AO/AI dk bl! 5t 1m
2 33 pz md bl! 5t 1m
33 48 82 ob 1m 5d w/pb
48 60 B3 yb st 5d w/pb
S30/W90 0 2 AO/AI dk bl! 5t 1m
, 33 pz md bn st 1m
~
33 42 B2 ob sd 1m w/pb
, 42 60 B3 yb 5t 5d w/pb&gv
S30/W75 0 41 pz md bl! 5t 1m 1 whiteware
41 60 B2 ob 5t 1m w/pb I brick
27
STP SD U) ~tratum "'IùiJ..¡ lullur,'¡ ~Ialerial
S30/\\!iir II 'c pz mil bn ;[ 1m
J
3' 611 ß-, ob st 1m \\/g\
S30/W45 0 -'4 pz md bn slim I \\ hitt::'\\are
24 60 ß-, ob st 1m Wig\'
S30/\\30 () 33 pz md bn;1 1m
33 60 82 üb sd 1m w/pb&g\'
S30/W15 0 33 pz md bn sIll'll
.J.J 60 82 ,)b sIll'll \\/g\'
S45/W135 0 6 AO/AI dk bn sd 1m
6 29 pz dk bn sd 1m
29 62 82 üb sd 1m
545/W 120 0 10 AO/Ai Ilk bn sd 1m
10 .12 pz md bn sd 1m
.12 62 82 ob sd 1m
S45/WI05 0 13 AO/AI dk bl\ sd 1m
13 .15 pz md bl\ sd 1m
35 61 B2 ,)b sd 1m
545/W90 0 .11 pz md bn sd 1m
31 60 82 ob 5d 1m
S45/W75 0 .16 pz md bn sd 1m
36 60 82 md bn sd 1m
S45/W60 0 ') pz md bn sd 1m
.,-
32 60 82 ob 5d 1m
545/W45 0 30 pz md bn 5d 1m
.10 62 82 ob 5d 1m
S45/W30 0 29 pz md bn sIll'll
29 60 82 ob 51 1m
545/W15 0 36 pz md bn sIll'll
.16 60 82 üb sIll'll
560/W135 0 3 AO/AI dk bl\ slim
3 31 pz md bn sIll'll
.11 60 82 ob 51 1m
S60/W 120 0 4 .·\O/AI dk bn sIll'll
4 32 pz md bn sIll'll
32 50 82 ob slim \\¡pb
50 60 83 yb sl 5d \\/pb&g\'
S60/W 105 0 4 AO/AI dk bn slim
4 .13 pz md bn 51 1m w/pb
.' .J.J 60 82 ob 1m sd w/pb&g\
28
. .
.
.
5TP SD ED Stratum Soils Cultural t\laterial
S60/W90 0 39 pz md bn st 1m
39 52 132 elk ob 5t 1m
52 60 83 yb 5t sel w/pb&g\'
560/W 75 0 27 pz md bn st 1m
27 54 82 dk ob slIm w/pb
54 60 83 yb sl sd w/pb&gv
560/W60 0 26 pz md bn st 1m
26 53 82 dk ob st 1m
53 60 83 yb st sd w/pb&g\'
560/W45 0 29 pz md bn st 1m
29 47 82 dk ob slIm
47 60 83 yb st sd w/pb&gv
5601W30 0 25 pz md bn slIm
1 - 51 82 dk ob sl m w/pb
~)
51 60 83 yb sl sd w/pb
560/W 15 0 2 AOIAI elk bn slim
2 30 pz md bl\ slim I whileware
30 60 82 dk ob sl m w/pb
575/W150 0 3 I pz md bn 1m sd
3 I 60 82 ob 1m sd w/pb&gv
575/W135 0 6 AO/AI dk bl\ 1m sd
6 31 pz md bn 1m sel
31 62 82 ob 1m sd
575/W120 0 3 I pz md bn 1m sd
3 I 60 82 ob 1m sd
575/W105 0 8 AO/AI dk bn sd 1m
8 '1 pz md bn sd 1m
J_
32 65 82 ob sl sd w/pb&gv
575/W90 0 31 pz md bn st 1m
31 61 82 ob sd 1m
575/W75 0 34 pz md bn sd 1m
34 46 82 dk ob sd 1m
46 64 83 yb sd 1m w/pb&gy
575/W60 0 32 pz md bl\ sd 1m
32 60 82 ob sd 1m
575/W45 0 28 pz md bn sd 1m
28 63 82 ob sd 1m
575/W30 0 29 pz mel bl\ sd 1m
.- 29 60 82 ob sd 1m
29
\ .
STP SD ED Stratulll Soil~ C'ullural ~[arerial
S75'W15 II 8 .\0 AI d~ bn "I I III
8 2-\ pz Illd hn sd IIll
2-\ 50 82 lIb sd 1m
50 hiJ B3 yh ,I sd "Ipb&g\'
S90/W135 0 ) .-\.0/.\ I ,Ik hn IIll sd
5 p pz Illd hn IIll sd
32 60 82 oh IIll sd
S90/W 120 II 6 AOIAI dk bn 1m "I
6 " pz md bn 1m sd
-'.;.
32 60 82 Db 1m sd
S90lW!05 [) -\ ..'10/.-\.1 dk bn [m sd
-\ 3-\ pz md bn 1m sd
34 60 82 ob 1m 5d
S951W90 [) 1 AOIAI dk bn slim
I 2-\ pz md bn slIm
24 51 82 dk ob 51 1m wlpb
51 60 83 yh sl sd "Ipb&g\
S90lW75 0 2 ..'10/..'11 d~ lm 51 1m
1 39 pz md bn 51 1m
39 60 82 dk ob sl [m wlpb&g\
S90/W60 0 36 pz md bn 51 1m
36 60 82 L)b 51 1m wipb
S90/W-\5 [) 37 pz mdbnstlm I hard she II clam
37 60 82 ob slim w/pb&g\'
30
~
NELSON, PO" & VOORHIS, LLC
t:NV RDNMENTl>.L. PLANNING. CONSULTING
CHARL[;S J vOORHIS. GEP. AIC¡": . ARTHUR J. KOERBER PE . \}INC[NT G Dr")NNE:LL Y, r.E
'JICT(in BERT PE.· JOSEPII R EPI["'ANIA, PF. . ROBEr~T G NEL50N. JR, r.E
P/l.Ul M Rp-.CZ. P L S
May 23, 2002
Ms. Ruth L. Pierpont, Director
NY.') Office of Parks, Recreation & Historic Preservation
Peebles Island; Field Service Bureau
Post Office Box 189
Waterford,I2188-0189
Phone (SI8) 237·8643
Pax' (S18) 233·9049
RECEIVED
JUN 2 4 2002
Southold Town CIerI.
Re:
02PR0998
Phase I Cultural Resource Assessment
MaTine, Inc., Greenport
Town of Southold, Suffolk County
NP&V No. 02008
DcaI' Ms. Pierpon!:
Attached, please find one (1) OIiginal of the completcd Phase I Archival Search and
Archaeological Survey for the above referenced site. This matter is being forwarded directly to
YOlll' office for review, as there is a pending subdi vision application with the Town of Southold.
Please note that the report involved a detailed Phase 1 documentary study which concluded thc
following:
"NofllTther archaeological investigations arc recommended"
Please review this report at your earliest convenience, and forward a letter indicating your
cOnCUtTence with the conclusions and recommendations of the professional archaeologist as
noted in the report.
Thank you for your assIstance. and please feel free to call should you have any questions.
fB) lE ~ lE nw lE rnì
Int'" '8-æ02 1li!J
TOWN ATTORNEY'S OFFICE
TOWN OF SOIJTHOLD
Very truly yours,
NELSON, POPE & VOORHIS, LLC
I
,.-'"
.-
.--' .~ '/~ c__A__.¡..------
,. ~~:7
~/:.',;. :
Shana M. Lacey
~: Greg Yabbo,ki, Esq.. Town of Southold Town Attorne)'
~j72 '~"/~L r '/,¡HITtJI,'''i'J nu~[]. r,,1ELvILL.E·, NY 11747-2188
¡53 II 42~' 56f'.~:'j. F~>< 1631 J 427-5820' N'J'J'N nelE;onpope cor..
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CATHERINE MESIANO, INC.
12 MILL POND LANE
EAST MORICHES, NY 11940
631-878-8951
May 9,2002
Mary Wilson, Asst.Town Attorney
Town of Southold
Box 1179
Southold, NY 11971
RE: MaTine, Inc. Request for change of Zone
Dear Ms Wilson:
In response to your letter of March 26, 2002, enclosed please review the
following:
1. Stage I Archeological survey. Please forward to Nelson Pope & Voorhis
for their review.
2. Town Trustees letter of non-jurisdiction
3. The SCWA availability letter is still pending. We will notify you as soon as
it becomes available
4. Rates for affordable housing are mandated by Southold Town and other
municipal requirements.
Very truly yours,
..,
-;
.' _.(~' _!,:" I r..<:
/'
,,' ;" ,
, I .....'~_ ~_.< .-S-r--t/
I
Catherine Mesiano, President
Enclosures
Cc: Planning Department
II' '-~f:':!\~.~~~~;:3r..::r:'"
1,{,~:,".~~r'::::"!¡¡¡¡Tl\"il[!:T. ,'!
.,; ~·;~~W [Hli
ï;'~
MAY 1 3 2UUL .
Southold Town
Planning brd
!:I30'2mn
.EIVED
.
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-78
Ms. Valerie Scopaz
Senior Town Planner
Town of Southold
53095 Main Rotul
Southold, New York 11971.
MAY 6 2002
Via Far 631-765-1823
~outhold Town CIerI.
pfi~
MAY 0 ~ 2002
Southold Town
Planning Board
Re: Affordable Housing AppliClltion, Greenport, New York
Suffolk County Tax Map '1000-035-1-4
Dear Valerie:
I recently Iuld a nice clult with Martin Trent of the Suffolk County Health Services Department
regarding the 5.7 acre parcel on which the proposed Affordable Housing Development would be
built.
SpecifiClllly, we discussed in some detail the fWw of water entering the draitulge sumps (mu of
which is 10Cllted on Town property) and the course and destination oftlult flow. In addition, we
uplored the effect of this tr(ltler!ie of water on any !leptic system!i which might be installed on the
property if this application were approved.
A significant tJolume of water 1UShes through these sumps from setleral primary neighborhood
streets, coursing down from higher gradients to these lower lying points. These sumps proTJÍIÚ
excellent dTtlÎnage for the entire 67 Steps neighborhood, although it is not clear where the water goes
once it enters the property in question.
As the Planning Board indicated in its initial Report regarding this Application, there may be a
freshwater wooded wetland on this property. That Iuls yet to be determi1U!d, but the property does
indeed abut (within a 100') a large freshwater wooded wetland on the other side of County Road 48.
Martin Trent and I discussed the possibility that the coursing of this water might find its way into
these wetlands. Apparently the most definitive way to determine the ultimate outcome of this flow
is to employ a hydrologist to undertake a thoroughgoing atullysis..
Why is this important? Because the flow of the water may have a direct bearing on whether any
septic systems can be located on this site and, if so, how many and where. Barring proper analysis
and a complete understanding of the soil's permeability, it is possible that the incorrect placement of
septic systems could move toxic affluence right into these fragile freshwater wetlands.
I am sure you are aware that the Application currently before the Town Board is riddled with
conflicting information, omissions and inaccuracies regarding the number of homes to be built on
the site, where they will be located, and whether accessory apartments will be included. MoreotJer, I
have reTJiewed tlu? full Environmental Assessment Form submitted with the Application, and find it
woefully ltuldequate in addressing these timely concerns.
According to Martin Trent, down zoning this property could exceed the allowable Health Deparment
density requirements, especially if accessory aparlments are permitted. These aparlments would
further strain the capability of the land to support septic systems without damaging ground water
and wetlands.
.
--
~/
. ~
Town Hall, 5:3095 Route 25
P.O. Box L179
Southold. New York 1I9~1-0959
Fax 16:31,1 765-182:3
Telephone 16:3lì 765-1889
JOSHUA Y. HORTON
SUPER\'ISOR
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
J\.ŒMORANDWvr
TO:
VALERIE SCOPAZ, AlCP, TOWN PLANNER
FROM:
SUPERVISOR JOSHUA HORTON
DATE:
APRIL 30, 2002
RE:
MATINE CHANGE OF ZONE: STATUS OF APPLICATION
Please advise as to status of the above-referenced application for a change
of zone (to :\lID). In particular, an update on the environmental/SEQRA
components and whether the applicant has submitted all requested infomlation
would be helpful.
\ - /
In addition, it has been raised that an older survey indicated that test wells
had already been pertonned on the property yet recently thère was additional test
well perfonned. Please clarify this issue as well.
Thank you tor your attention to this matter.
r' .---.'.... ,. .::~: =,-:~
¡~'~J6t~~~~J
ä~ MAY 0 2 2002 -W
Southold Town
Planning Board
----..
-----.. '
.
.
---
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(l-1q 1;tL
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Hugh Eugene Drumm
Evelyn A. Drumm
P.O. Box 504
59 Sunset Lane
Greenport, New York 11944
August 22, 2001
Southold Town Board
P.O. Box 1179
53095 Main Road
Southold, N.Y. 11971
Re: Proposed development of Sunset Court
at the intersection of Sunset Lane and Sutton
Place in Greenport
Dear Members of the Board:
In 1955 we purchased property and built our home at 59 Sunset Lane in
Greenport. At the time when we purchased our property, I was told by the realtor that
there was a drainage sump at the South End of Sunset Lane to receive the rainwater from
Sunset Lane. This sump is listed as the property of South old Town on an original
surveyor's drawing by Otto W. Van Tuyl and Son Licensed Surveyors dated March 31,
1952 for Edna A. Brown and Sam Levine. If the drainage sump is going to become part
of an extension of Sunset Lane in the proposed Sunset Court project, the water from the
road will not have anywhere to drain and become a ha7Md at the intersection of Sunset
Lane and Sutton Pl.ace. Over the course of our 45 years on Sunset Lane, we have never
had a problem with water or ice on the road due to the presence of the drainage sump.
Evei)'n A. Drumm
Please take thís condition into consideration as YOll review the proposed project.
Sincerely,
Hugh E. Drumm
1~3Ø'2~
.
.
-
Ms. Valnie Scopaz
SeniDT Town Planner
Town of Southold
53095 Main Road
Southald, New York 11971
Via Fa:c: 631-765-1823
Re: Affordable Housing Application, Greenport, New YDTk
Suffolk Count¡¡ Tax Map # : lIJOO-D35-1-4
~~-¡!fI]
MAY 0 i 2002
Southold Town
Planning Board
Dear Valerie:
I recently Iuld a nice chat with Martin Trent of the Suffolk County Health Seroices Department
regarding the 5.7 acre parcel on which the proposed Affordable Housing Development would be
built
Specifically, we discussed in some detail the flow of water entning the drailUlge sumps (one of
which is 10CRted on Town property) and the course and destination of tlult flow. In addition, we
uplored the effect of this tra1Jerse of water on any septic systems which might be installed on the
property if this Ilpplication were approved.
A significant tlolume of water rushes through these sumps from sl!11eral primary neighborhood
streets, coursing down from higher gradients to these lower lying points. These sumps prOtlÚÙ
acellent drllinage for the entire 67 Steps neighborhood, although it is not clear where the water goes
once it enters the property in lfUestion.
As the Planning Board indicated in its initial Report regarding this Appliclltion, there may be a
frr!shwllter wooded wetland on this property. That Iuls yet to be determined, but the property does
indeed abut (within a 100') a large freshwater wooded wetland on the other side of County Road 48.
Martin Trent and I discussed the possibility that the coursing of this water might find its way into
these wetlands. Apparently the most definitive way to determine the ultimate outcome of this flow
is to employ II hydrologist to undertake a thoroughgoing analysis.
Why is this important? Because the flow of the water may have a direct bearing on whether any
septic systems can be located on this site and, if so, how "lImy and where. Barring proper analysis
and a complete understanding of the soil's permeability, it is possible that the incorrect placement of
septú: systems could move toric affluence right into these fragile freshwater wetlands.
I am sure you are aware that the Application currently before the Town Board is riddled with
conflicting information, omissions and inaccuracies regarding the number of homes to be built on
the site, where they will be located, and whether accessory apartments will be included. MDTeOTJer, I
have rl!11iewed the full Environmental Assessment Form sufnnitted with the Application, and find it
woefully inadeqUllte in addressing these timely concerns.
According to Martin Trent, down zoning this property could exceed the allowable Health Deparment
density requirements, especially if accessory apartments are permitted. These apartments would
further strain the capability of the land to support septic systems without damaging ground water
and wetlands.
.<
.
~
..
.f -
.
As many as thirteen homes hRve been proposed in the Application, ten of which are to be affordable.
Thirteen homes with ten accessory apaTtnmlts would mean on average 8-10 residents per dwelling,
or 90-100 residents on this property. Such density might indeed over stress the land.
I feel it would be prudent for the Town of Southold to employ a hydrologist to investigate these
matters in detail. Failing that, the developer, Ma Tine, Inc., could be directed to do so. In addition,
flS the SEQRA process unfolds, Martin Trent indicated that Walter Dawydiak of the Health
Department's Ecology Dil1ision might be the person to answer questions regarding the relationship
between water flow and septic affluence. He further indicated that the Department's Division of
Wastewater Ma1l4gement could be approached regarding the feasibility and placement septic
systems.
Fi1l411y, of particular interest, it made sense to Martin Trent thRt the lay of the land in relation to
the gradient, the size of the parcel and the land's unique drai1l4ge features may be the primary
reasons why the parcel has never been developed.
. Our neighborhood appreciates the effort thRt the Planning Board made in providing a prelimi1l4ry
report to the Town Board at the Public Hearing. We hope that many of the prelimi1l4ry questions
raised in that report and those I've raised above will be answered as this process unfolds. As you
know, the Public Hearing remains open. although the Town Board did indicate at its meeting on
Thursday, the 25th, that it would once again publicRlly review this Application on TuesdllY, Muy
7th. I hope that this upcoming meeting will further clarify these concerns both for the public and for
the Board members themselves.
Thanks again for all your efforts.
S~
Victor Brown
,
.
.
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4IJar. 27 2002 01:22PM Pi
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FA>< r,Ü : 531-8~8-8'J51
JOSHUA Y. HORTON
Super'i.·"Ü!or
GREGORY F. YAKABOSKI
TOWN ATTORNEY
Town Hall. 53095 Route 26
P.O. Box 1179
Southold, New York 11971·0959
Telephon. 1631) 765-1889
e·maÜ:
greg. r.kaboskirgtown .wuthold. ny. u.
mar}' wil80n@túwn,southold,ny.us
MARY C. WILSON
ASSISTANT TOWN ATTORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
March 26, 2002
Cathy Messiano
Cathy MessiSlM. Inc.
12 Mill Pond Lane.
East Moriches, New York 11940
RE: Ma. Tine [m:. request fur change of zone (AHD)
Dear Ms. Mt$íano:
As agent for the Ma Tine Inc, , [ am writing to you to request some additional
infunnation that is necessary ill order to make a full review of the application and to
fulfil] the SEQRA requisites.
L Apparently, the site lies within one mile of an archaeological site (conf1l1Jled
by OPRHP) and II, Stage 1 Cultural ReSQurce Assessment is required.
2. A letter ofnon-jurisdicrion ftom the Town Trustees regarding any w(:tlands.
3. Provide confirmation that there is an available watl;'r supply for the project
from the sew A.
4. Indicate the rates fur affordable housing and the mechan.ism(s) to assure rhe
homes reIllilin affordable.
Thank you for your attention to the above matters. Please contact our office should you
have any questions regarding this request
Sinc~IY'~l 0
~~j))k-br--
(/ r
Mary ~1s~~
Assistant Town Attorney
cc: Supervisor Horton and
Town Board
--
WILUAl\l.J. CREMERS
!ŒNNETH L. EDWARDS
GEORGE RITCHIE L-\Tf-L-\l\!. .J!{.
RICHARD CAGGL-\NO
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PO. H()x 1179
Tuwn Hall. 5309.1) State Routp 25
Southold. New York 11971-0959
Telephone 16;31j 765-1938
Fax (6311765-3136
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I?,L-\NNING BOARD I\1El\IBE. )
HENNSTT OTIL(I\\''sKl. ,Jf~
('hairnian
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PLANNING BOARD OFFICE
TOWN OF SOLTTHOLD
Memorandum
To: Joshua Horton. Supervisor
and Members of the Town Board
From: Valerie Scopaz, AlCP, Town Planner {ð
Bennett Orlowski, Jr., Chairman, Planning Board
Re: Ma Tine, Inc.
Located on the North side of CR 48, approximately 265' west of Sound Road,
Greenport, NY
SCTM # 1000-035-1-4
Date: March 25, 2002
Proposal:
This petition is to change the zone of a 5.53 acre parcel from R-40 Residential to AHD -
Affordable Housing Density. It is unclear whether the applicant proposes to construct
ten or thirteen homes because the map, the environmental assessment form and the
application present conflicting information. The discrepancies have been brought to the
attention of the Town Attomey's Office and to the best of our understanding, the
applicant's attorney has been asked to resolve them. However, this information was not
received by this office in time to be included in this report, which, at the Town Board's
request, is being prepared in advance of its March 26, 2002 public hearing.
Reauirements:
The purpose of the AHD district, as defined in the Southold Town Zoning Code, is "to
provide the opportunity within certain areas of the town for the development of /Jigh-
density housing for families of moderate income." According to the formula set forth in
the Zoning Code in Chapter 100, Article V., the income limits for eligible applicants to
purchase one of these homes ranges from $44,100 for a single person to $83,100 for a
family of eight people. The recommended ceiling on home prices offered within the AHD
district is $168,000 It should be noted that this limit is lower than the maximum sales
price for affordable housing pursuant to Suffolk County's guidelines ($237,500). (Source:
James McMahon, Community Development Director, March 21. 2002)
Tile provisions of the AH D district, as set forth in Chapter 100. Article V require that the
subject property lie within one fourth of a mile of the boundaries of the incorporated
,.
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Village of Greenport. The intent of the Zoning Code is that higher density housing be
located within or near hamlet centers. This property lies between 1200 and 1300 feet
north of the Village's boundary, less than a quarter of a mile.
The provisions of the AHD district also require that where the subject property is less
than 5 acres in area, the applicant shall agree to reserve at least 40% of the dwelling
units or lots for sale or lease to moderate income families. The applicant proposes to
reserve 70% of the units for moderate income. Further, the applicant offers to
restrict the potential total square footage of the remaining 30
The subject lot is zoned R-40, which would permit the theoretical construction of 4 to 5
dwelling units. If granted, the petition would allow at least a doubling of the allowable
density to 10 lots.
Environmental Issues:
A preliminary review of the materials submitted for this petition indicate that a portion of
the property may contain a freshwater wooded wetland, and if so, this portion would lie
within the jurisdiction of the Board of Trustees. Further, the New York State Office of
Parks, Recreation and Historic Preservation has determined that this site may be
archeologically sensitive. The ability of the Suffolk County Water Authority to service the
proposed project is not known. Nor is the capability of the soils to handle septic systems
as per Suffolk County Department of Health Service standards. The potential impact on
traffic of five to six additional homes over what could be built under the current zoning
normally would not be expected to be significant. However, due to the existing traffic
congestion and hazards found at the nearest intersection, coupled with the unknown
impact of the recently upgraded Shady Lady Restaurant and Hotel on the northeast
comer of SR 25 and Sound Road, this issue requires more information and analysis.
Before an environmental determination is made, referral of this petition to the
Board of Trustees for their input is recommended. Also, a Stage 1 Cultural
Resource Assessment should be conducted by the applicant and a report
submitted to the State and the Town for review. Input of the Suffolk County Water
Authority and the Suffolk County Department of Health Services should be
obtained as part of the coordinated environmental review of this project pursuant
to SEQR. A review of the traffic situation at the intersection of Sound Road and
SR 25 should be undertaken.
Recommendations:
There is insufficient information to render a recommendation. Planning Board will not
comment further on this specific application until the above-noted information is
submitted and reviewed pursuant to SEQR.
Finally, for the past several years, the Planning Board has strongly recommended that
the AHD legislation be revised because it does not adequately address the affordable
housing issue. Therefore, the Planning Board will not recommend changing any
property to this designation until the key deficiencies of the existing legislation are
redressed.
--
,-
..
.'
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (6311 765-1938
Fax (6311 765-3136
WILLL-\M .J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGL-\NO
.
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
Date:
Elizabeth A. Neville, South old Town Clerk
Victor L'Eplattenier, Senior Plannÿ
March 18,2002
To:
From:
Re:
NYS Office of Parks, Recreation and Historic
Preservation Correspondence
Archaeological and Historical Sensitivity
Attached please find correspondence from Nelson, Pope & Voorhis, LLC,
pertaining to five sites, two of which are affordable housing sites currently
under review for proposed zoning changes to AHD.
This correspondence is being forwarded to you for your attention and any
recommendations the Town Board may have regarding these sites.
encl.
L
Nt:L~UN 15. t""Ur'I::.,LLr'
~lb 4¿( ~b¿~ ~.~l/ll
~JM
NELSON. POPE & VOORHIS. LLé _ ~
t:NV1RONMENTAL . I"l.ANNING . CONSul. T¡NG Af
572 WAi..::- WH!Ï'!V',AN ROAD. MiELVIL.L.6. NY 1 ~7':'7 ~ õõ!'!86 I
(631) 427~5SSS FAX (S':;;¡1) C¡27-~6ë:!O
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D' nHr:::-l¿-c::,t:lIO¿ 1. L; 1:::1'::1
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FAX COVER SHEET
To:
Victor LaPlatnea
Fax:
765-1823
From:
Shana Lacey
Date:
March 11, 2002
Re:
NYS Office of Parks, Recreation and
Ilistoric Preservation Correspondence
No. of Pages: 12
(including Cover)
Comments:
Victor,
Attached please find the correspondence from NYS OPRHP with regard to
archaeological and historical sensitivity on the fonowing parcels/projects:
1. Zoumas, Bayview
2. Forestbrook, Bayview
3. MaTine, Greenport
4. Skrezic, Peconic
5. Mattituck Housing, Mattituck
Please feel free to call should you have any questions or require any additional
information.
Sincerely,
Shana
1:'~:2~
Ms. Valerie Scopaz
Senior Town Planner
Town of Southold
53095 Main Road
Southold, New York 11971
p
.CEIVED
MAY 6 2002
.
::uør:::-
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f1-!'Iý /
¡Is
-rb
Via Faz: 631-765-1823
~oulhold Town Crerl.
p~~~'
MAY 0 ~ 2002
Southold Town
Planning Soard
Re: Affordable Housing Application, Grl!mpOTt, New York
Suffølk Count¡¡ Tøx Map It 1000-035-1-4
Dt!Ilr Valerie:
I recently Iuld a nice clult with Martin Trent of the Suffolk County Health Seroices Department
regørding the 5.7 acre parcel Otr which the proposed Affordable Housing Development would be
built
Sp«ifically, we disCIISsed in some detail the fWw of water entering the drainage sumps (cme of
which is located on Town property) and the COJlTSe and destination of tlult flow. In addition, we
aplored the effect of this tra1JeTSe of water on any septic systems which might be installed on the
property if this applicatiOtr were I1ppTOf1ed.
A significant lIolume of water TllShes through these sumps from sroeral ,mJllary neighborhood
streets, COflTSing down from higher gradients to these lower lying points. These sumps pro1lide
f!JCCellent drAinage for the entire 67 Steps neighborhood, although it is not clear where the water goes
once it enters the property in lfUestion.
As tlu! Planning Board indicated in its initiAl Report regarding this Application, there JllaY be a
freshwater wooded wetland on this property. That Iuls yet to be determined, but tlu! property does
indeed abut (within a 100') a large freshwater wooded wetlAnd on tlu! other side of County Road 48.
Martin Trent and I discussed the possibility that the coursing of this wAter might find its way into
tlu!se wetlands. Apparently the most definitive way to determine the ultiJllate outcome of this flow
is to employ a hydrologist to undertake a thoroughgoing analysts..
Why is this important? Because the flow of tlu! water may Iulve a direct bearing on whether any
septic systems can be located on this site and, if so, how Jllany and where. BaTTing proper analysis
and a complete understanding of the soil's permeAbility, it is possible that the incorrect placement of
septic systems could move toxic affluence right into these fragile freshwater wetlands.
I am sure you are aware that the Application currently before the Town Board is riddled with
conflicting information, omissions and inaccuracies regarding the number of homes to be built on
the site, where they will be located, and whether accessory apartments will be included. Moreoller, I
halle rroiewed the full Environmental Assessment Form sUÚ1nitted with the Application, and find it
woefully inadequate in addressing these timely concerns.
According to Martin Trent, down zoning this property could exceed the allowable Health Deparment
density requirements, especially if accessory apArtments are permitted. These apArtments would
further strain the capability of the land to support septic systems without damaging ground water
and wetlands.
..'
.
.
As many as thirteen homes hAve been proposed in the Applialtion, ten of which are to be affordable.
Thirteen homes with ten accessory apartments would mean on average 8-10 residents per dwelling,
or 96-100 residents on this property. Sru:h density might indeed over stress the land.
I feel it would be prudent for the Town of Southold to employ a hydrologist to investigate these
matters in detail. Failing th4t. the developer, Ma Tine, Inc., could be directed to do so. In addition,
as the SEQRA process unfolds, Martin Trent indicated that Walter Dawydiak of the Health
Department's Ecology Division might be the person to answer questions regørding the rellltionship
between water flow and septic affluence. He further indicated th4t the Department's Division of
Wastewater Management could be approached regarding the feasibility and pùu:ement septic
systems.
FiJUllly, of particular interest, it made sense to Martin Trent thAt the Illy of the IIlnd in rellltion to
the grødient, the size of the parcel and the IIlnd's unique draiJUlge features may be the primary
reasons why the parcel has never been deoelope4.
Our neighborhood appreciates the effort thAt the Planning Board made in providing a preliminary
report to the Town Board at the Public Hearing. We hope th4t numy of the preliminary questions
raised in th4t report and those I've raised above will be answered as this process unfolds. As you
know, the Public Hearing remains open, although the Town Board did indicate at its meeting on
Thursday, the 25th. thAt it would once again publical'y review this Applialtion on TuesdilY, May
7th. I hope that this upcoming meeting will further clarify these concerns both for the public and for
the Board members themselves.
TJu¡nks again for all your efforts.
Si~
Victor Brown
·
NELSON, POPE & VOORHIS, LLC
E N I R [J N ~.1 E 1', T .0. L . P L to. N N I N G
c 0 {'. S LJ L T , N G
,::H"FLE:: J. ,,·~"'AiHrs. ,,~,ëF ",I'=¡:: . -"P;THI)11 J f(uf':;EEH Ft . '.lrlr:::ErlT ::; [<'WJEu:. PE
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P"uL ~., R';C.:' f'L ~,
Febwary 1. 2002
Elizabeth Neville, Town Clerk
Town of Southold
Town Hall, 53095 Mam Road
P.O. Box 1179
Southold, New York 11971
Re: Town of Southold
Change of Zone Petition, SEQRA. Review
Ma Tine Property
Dear Ms. Neville:
Thank you for contacting NP& V tor services in connection with SEQR review and the implementation of
the above referenced project.
The following services and fees are proposed:
1. Inspect property and area to determine environmental resources and characteristics.
2. Re\'iew Pan I Environmental Assessment Foml (if available).
3. Prepare Part II EnvIronmental Assessment FOml.
4. Prepare detailed em'ironmental planning review of the subject application.
Fee: $750.00
5. Review supplemental intomlation submitted by the applicant in support of the application.
6. Prepare recommended detennination of sigmtìcance (if requested by Town Board).
Fee: Time Rates
(Budget: $200.00)
Please sih'" where provided belo\\' to authorize the completion of these services. Thank you for the
opportunity to assIst on this project. Please feel free to call should you ha\'e any questions.
Respecrrùii) submined,
VOPRHIS LC
~~
lades J. \ø6rhis. CEP. AICP
P.'File: 02-**·
ACCEPTED AND APPROVED
DATE:
2/6/02
(Please sign and return one copy)
Joshua Y. Horton, Supervisor
Town of Southodl
572 WALT WHITMAI'J ¡::~OAD. MELVILLE. NY 11747-2188
(631) 427·5665 . FAX (631 J 427-5620 . .'V\II. JIJ.nelsor.¡::iope_COIT,
.
.
!\(a Tine @ Greenport
EAF Part I Review
NP & V #02008
RECEIVED
IiP&W'
ENVIRONMENTAL ASSESSMENT REVIEW
;.- ,1
1_,."
-", ~-
ENVIRONMENT AL AND PLANNING CONSIDERA nONS
Soufhold Town Cler..
IVI.-\ TINE @ GREEN PORT
Prepared for:
Elizabeth A. Neville. Southold Town Clerk
Town of Southold
Town Board. Town Hall
53095 Main Road
Southold. New York 11971-0959
Prepared by:
Nelson. Pope & Voorhis, LLC
572 Walt Whitman Road
Melville. New York 11747
Date:
January 25. 2002
The Town of Southold Planning Board has retained Nelson. Pope & Voorhis, LLC (NP&V) for
consulting services in review of the above referenced application. The proposed action involves
a change of zone from R-40 Residential to AHD Affordable Housing Disttict on a 5.7 acre parcel
of land located in Greenport. The change of zone application is a precursor to allow for a 10 lot
subdivision of the site, with 7 of the proposed lots offered as "affordable'" lots. The remaining 3
lots will not be included within the affordable housing program. but will be restricted by deed
covenant to a maximum livable area of 2.500 sJ. Each lot will be developed with a single family
dwelling, sanitary system and associated amenities. A 1.5 acre natural buffer will remain along
the western and southern property boundmies to a depth of approximately 60' and 130'
respectively. The site is currently vacant. undeveloped land dominated by successional
woodland. This document analyzes the site and area resources including topography. soils.
water. land use, zoning and transportation and other available information. The site has also
been inspected for environmentallplanning constraints. In addition. the full EAF Part I submitted
with the application has been corrected and is attached herein.
tbI6v
NELSON. POPE &. VOORHIS LLC
ENVIRONMENTAL . PLANNII'\.G . CONSULTiNG
Page I
.
.
l\Ia Tine @ Greenport
EAF Part I Re"iew
NP& \' #02008
Location and Site Overview
The overall project site is located on the north side of North Road (CR 48), approximately 270
feet west of Sound Road in Greenport. Town of Southold, County of Suffolk. The subject
property can be more particularly described as SCTM number 1000-35-01-04. The parcel
contains a total of approximately 350 feet of frontage on North Road (CR 48) to the south. The
easterly extension of the subject property maintains approximately 275 feet of frontage on Sound
Road. The site is currently vacant undeveloped woodland.
The site does not appear to contain environmentally sensitive features. Additionally. the site
does not contain any known historically and ecologically significant resources, although is
depicted on the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP)
Circles and Squares Map as being located within an area containing multiple site sensitivity.
This review will discuss the proposed project and its potential impact on the sites environmental
resources.
Proposed Proiect
The proposed action involves a change of zone from R-40 Residential to AHD Affordable
Housing District on a 5.7 acre parcel of land located in Greenport. The change of zone
application is a precursor to allow for a 10 lot subdivision of the site, with 7 of the proposed lots
offered as "affordable" lots. The remaining 3 lots will not be included within the affordable
housing program, but will be restricted by deed covenant to a maximum livable area of 2.500 sJ.
Each lot will be developed with a single family dwelling. sanitary system and associated
amenities. The site is currently vacant. undeveloped land dominated by woodland.
The affordable lots will range in size from approximately 15,000 s.f. to 16,000 s.f., with the three
remaining non-affordable lots ranging in size from approximately 15,000 s.f. to 15,500 sJ.
Two of the affordable lots (lots 1 and 2) will front on Sound Road with the remainder of the lots
accessed via Sutton Place to the north through the development of the Town right of way and
creation of Sunset Cout1. Sunset Court will tenninate in a cuI de sac in the center of the site and
will be dedicated to the Town. A 1.5 acre natural buffer will remain to a depth of approximately
60 feet along the western property boundary and to a depth of approximately 130 feet along the
southern propet1y boundary. The applicant has indicated that the typical home will have 3
bedrooms and 2 I, baths with a total livable area of approximately 1,600-2,400 sJ. The homes
will be held in fee simple ownership with no cooperative interests proposed.
The Town Board has declared itself Lead Agency and finds the action to be an Unlisted Action
pursuant to SEQRA Rules and Regulations. FUl1her, the Town Planning Board and Suffolk
County Planning Department have been contacted for recommendations and repOt1S and
responses have not been recei ved to date.
Land Use and Zoning
The project site is located in an area that contains J. mix of residential, commercial and
undeveloped vacant land. The dominant land use in the general area is residential, and the
liM
NELSON. POPE &. VOORHiS. LLC
EN\lIRONMENTAL . PLANNIN::; . CONSULTING
Page 2
l\Ia Tine @ Greenport
EAF Part I Review
NP&V #02008
proposed application is generally consistent with surrounding uses. The site is currently vacant
undeveloped land and approximately 1.5 acres will be preserved as a natural buffer along the
western and southern property boundaries following development. Residential uses are located
n0l1h. south. east and west of the subject site. in conjunction with some commercial uses and
vacant undeveloped land located along the Main Road frontage.
.
.
The subject site is zoned R-40 Residential, which requires a minimum lot size of 40,000 sJ., lot
coverage of 20% of the lot area. and a minimum livable floor area of 850 s.f. per dwelling. The
proposed project involves a change of zone from R-40 to Affordable Housing District (AHD).
For single family dwellings, the minimum lot size within the AHD district is 10,000 sJ., with lot
coverage of 20% of the lot area. and a minimum Ii vable floor area of 850 sJ. per dwelling. The
proposed lots are between 15,000 and 16,000 sJ. in size; residential development of the resulting
lots should not require zoning variances should the change of zone be granted, depending on
final building design and layout. The zoning code states that not less than forty percent (40%)
of the dwelling units and/or improved lots shall be reserved for sale or lease to moderate income
families. A total of 70% of the lots within the proposed subdivision are specified as "'affordable"
lots. The applicant should indicated the mechanism for ensuring lots will be affordable and the
slae rate schedule. There is a recognized need for affordable housing in the Town of Southold.
R-40 zoning is located to the north, south. east and west of the site and is the dominant zoning in
the general area. Limited Business (LB) is located farther east of the site and along the nOl1h
side of the Main Road frontage, with RO Residential Office located on the south side of Main
Road. R-80 is located farther to the east and northeast and AHD zoning is located fat1her to the
southwest. With respect to land use. the proposed project is similar to the residential
developments in the surrounding area and will consist of comparable lot sizes with those
developments to the north and east and Wilh those developed properties to the south. The project
is not consistent with the existing residential lots located west of the site that are relatively large
in size, particularly as compared to the lot sizes in the sun'ounding area.
Although the lot sizes proposed as part of the change of zone are comparable to that in the
majority of the surrounding area, the proposed change of zone would result in a higher
development intensity than currently designated for the subject propel1y. The land use and
zoning impacts of the proposed project are e.xpected to be marginal.
Traffic Generation
The proposed use would be expected to increase traffic generation upon full establishment of the
site as compared to existing conditions. The future development of the land is not anticipated to
generate significant additional traffic to the area; however. the proposed project will generate
additional traffic as compared to development in accordance with existing site zoning. Two of
the proposed lots will have access on Sound Road with the remaining 8 lots to be accessed via
Sunset Court, a proposed cul-de-sac extending southward from Sutton Place, thus distributing
traffic generation by the project. It is anticipated that the 10 residential lots would result in
appro.ximately 80-100 trips a day, with 4 to 8 trips during the peak hour. Due to the location of
the site and consideration of area roadways. an increase in trip generation at the site would not be
. expected to have a significant impact on the area roadways. The horizontal and vertical road
~c_
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NELSON. POPE &. VOORHIS LLC
ENVIRONMENTAL . PLANNING . CONSULTING
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NP&\' #02008
curvature allows relatively good sight distance. and the creation of 10 additional residential lots
would not be expected to have a significant impact with regard to traffic generation.
.
.
Soils and Topography
The site is relatively flat throughout, with all existing slopes between approximately 0-10%. The
property does not contain any significant landfotms or geological features. The Suffolk County
soil survey (Warner, 1975) identifies two soil types on the subject site, which consist of the
following: Riverhead sandy loam. 3 to 8% slopes (RdB), and Haven loam. 0 to 2% slopes
(HaA). The majotity of the site is dominated by HaA soils, with only a small portion occupied
by the RdB soil type.
The Haven Loam series is described within the Suffolk County Soil Survey as land which is
suitable for development, with good leaching potential. The hazard of erosion hazard is slight on
HaA soils. The Riverhead series consists of deep, well-drained moderately coarse textures soils
that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and
gravel (Warner, 1975). The soil survey lists the erosion hazard for RdB as moderate to slight
and the main concerns of management involve controlling runoff and erosion and providing
adequate moisture for landscaping/agriculture. The topography and soils on site do not appear to
present severe development constraints.
Wetlands
The site does not contain any NYSDEC designated freshwater wetlands. however the Federal
National Wetlands Inventory Map prepared by the U.S. Fish and Wildlife Service depicts two
isolated freshwater wetlands on the subject Sile. Although the Federal map does not necessmily
confer any regulatory authority. a site inspection was conducted to verify the presence/absence of
freshwater wetland features. The site inspection revealed past some wetland indicators. however
it is not expected that this area currently functions as a freshwater wetland. The Board may wish
to refer this matter to the Town Trustees for a letter of non-jurisdiction with regard to on-site
features.
The nearest NYSDEC regulated wetland is located south of the site and on the south side of
North Road, and can be more particularly desclibed as NYSDEC designated freshwater wetland
GP-16. The NYSDEC regulates those activities within 100 feet of a freshwater wetland
boundary. as regulated under Article 24 of the ECL. It appears that the subject propelly is
located more than 100 feet north of the regulated wetland and the 130 foot natural buffer
proposed along the site's frontage further increases the distance between the proposed
development and the regulated wetland. There are no tidal wetlands on or in the vicinity of the
site.
\Vater Resources
Public water is supplied to the general area by the Suffolk County Water Authority, although the
site itself is not specifically connected to public water. The nearest water main to the site is a
ÑÞ&¥
NELSON POPE & VOORHIS LLC
ENVIRONMENTAL . PLANf'.Il1'G . CONSULTING
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EAF Part I Re\'iew
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12'" diameter main located on the north side of N0I1h Road (CR 48). A 6" main is located on the
east side of Sound Road and on the nOl1h side of Sutton Place. The Brecknock Hall Well Field
& Pump Station is located on the n0l1h side of Main Road, across from the Manhasset
A venue/Main Road intersection, approximately 800 feet east of the project site. It is estimated
that the 10 proposed residential lots will utilize approximately 3,000 gallons of water per day and
each lot will be connected to public water. It is recommended that the applicant contact SCW A
for a detennination of the availability of Public Water Supply for this project. The proposed
project will double the water use on the subject site from approximately 1,500 gpd to 3,000 gpd.
.
.
Sanitary disposal within the proposed subdivision will be managed by on-site underground
sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long
Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study
identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were
distinguished based upon differences in underlying groundwater flow patterns and water quality.
The subject site is located within SCDHS Groundwater Management Zone IV. which according
to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day
(gpd) per acre in areas served by public water. Therefore. the allowable nitrogen bearing flow
for the overall 5.7 acre site is 3,420 gpd. The sanitary design flow is computed using the
SCDHS manual Slalldards for Approml of Plalls alld COllslruclioll for Sewage Disposal Syslems
for Olher Than Sillgle Family Residences. The manual establishes the design flow as follows:
Sil\g[e familv dwelling
300 gpd x to dwellings
3,000 gpd
Therefore, the proposed applications would confonn with AI1icle VI of (he Suffolk County
Sanitary Code and would nor be expected (0 adversely affect groundwarer quality provided
properly functioning systems are designed and installed. The elevation of groundwater beneath
the subject site is approximately 3 feet above mean sea level (ms!) according to the 1999 SCDHS
water table map. The topographic elevation on site is approximately 20 feet above msl, based on
the USGS topographic map. Therefore, the minimum depth to groundwater is approximately 17
feet. The direction of groundwater tlow is expected to be horizontal and to the north, nOI1heast.
The depth to groundwarer on site is not expected to have significant constraints on Ihe location of
septic systems within the proposed residential lots as these lots are located at an elevation of
approximately 20 feet above msl. A standard. three pool septic system typically requires a
minimum depth to groundwater of approximately 9-10 feet to allow adequate depth for leaching.
The SCDHS will review plot plans to issue a permit to construct in connection with Building
Pennits on individual lots.
SUl\!MARY
In conclusion. the proposed change of zone would create 10 residential lots, 7 of which would be
offered under the affordable housing program. Although the lot sizes proposed as part of the
change of zone are comparable to that in the majority of the surrounding area. the proposed
change of zone would result in a higher development intensity than cUITently designated for the
subject property. The site does not appear to contain significant environmental features that
.. would limit residential development. provided adequate drainage and containment of on-site
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NELSON POPE &. VOORHIS LLC
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runoff are achieved and sanitary systems are properly designed and constructed. The proposed
project will increase waste water generation, solid waste generation and water use. in addition to
increasing taxes which would be distributed to the various jurisdictions. The number of school
aged children generated as a result of the project would be anticipated to be greater than if the
site was developed in accordance with zoning and the taxes generated and distributed to the
school district as a result of the affordable units would not be anticipated to offset the cost of
educating the additional children. which may impact the local school distticts. The site is
expected to increase the number of trips entering and exiting the site. although is not anticipated
to cause a significant impact to the sUITounding roadways.
.
.
The following recommendations are provided:
I. The site lies within one (I" mile of a knOWI\ archaeological site. as indicated by the location of the
site on the Circles and Squares Map (area of multiple site sensitivity). We are awaiting
confirmation from OPRHP: however. it is expected that a Stage I Cultural Resource Assessmem
will be required prior to site disturbance.
2. The applicant should contact the Town Trustees for a letter of I\on-jurisdiction regarding
wetlal\ds.
3. The project will increase the need for use of public water supply. The applicant should contact
SCWA to determine the availability of water supply for the future project.
4. The applicant should indicate the rates for affordable housing and the mechanism to ensure that
seven (7) homes remain affordable il\ perpetuity.
The Town Board may consider this infOlmation prior to rendering a SEQR Determination of
Significance and zone change decision. If these issues are satisfactorily addressed, a Negative
Declaration may be appropriate at the Board's discretion. NP&V would be pleased to further
review any additional information and/or provide a recommended Determination of Significance
with further input from the Board.
~.;.
..~,
NELSON POPE &. VOORHIS LLC
EI'NIRONMENTAL . PLANNIN::; . COi"4SUL TING
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617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
.
.
SEQR
14-16-2 (9/95)-7c
Purpose: The full E A..F 15 dèsigned to help applicants and agencies determine, in an orderly manner, whether a project
or action may' be sIgnificant. The question of 'w\ hether an action ma\ be significant is not alvvays easy to ans\'·:er Frequent-
I~, there are aspects of a project that are subjective or unllleasureable. It is a!sa understood that those \t\!ho determine
sIgnificance m3\' have little or no formal knowledge of the environment or may not be technically expert in environmental
anal;,"sis. In addition, many \\rho have knm...!edge in one particular area ma)' not be a.\are of the broader concerns affecting
the question of significance.
The full EAF is Intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible enough to allm\' Introduction of information to fit a project
or actIon.
Full EAF Components: The full EAF is comprised of three parts
Part 1: Provides objectIve data and information about a gi\en project and its site. 8',1 identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentia y-
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentlally·large. then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: X Part 1 0 Part 2 OPart 3
Upon revie\-v of the Information recorded on this EAF (Parts 1 and 2 and 3 if appropriate). and any other supporting
information, and consIdering both the magnitude and importance of each impact, it is reasonably determined by the
lead agency that:
~~ A The project will not result in an..,. large and important impact(s) and, therefore. is one which will not
haH' a significant impact on the environment. therefore a negative declaration will be prepared.
o B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action bec.ause t~e mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative de~laration will be prepared,'
o C. The project may result in one or more large and Important impacts that may have a significant impact
on the environment, therefore a positive declaration ",ill be prepared.
*" A Conditioned Negative Declaration is onlv vaJjd for Unlisted r\ctions
MIt T;p,& @ 0Uf<,AjPdlt. r rt:iJ
'Name of Action
Town of Southold
Name of Lead :\gency
TItle of Responsible Officer
Print or Type Name of Responsible Officer in Lead Agency
RECEIVED
SIgnature ür Responsible Officer In Lead Agency
SigncJ.ture of PreparerfJf different from responsible oifl,:~r'l
rWIi 9 t¡jl
DatE:
Southold Town Clerl
L
PART 1-PROJECT INFORMATION
eepared by Project Sponsor .
NOTICE. This document is designed to aSSist in determining \\hether the action propo5~d may ha';e a sIgnificant effect
on the environment. Please complete the entire form, Parts A through E o\rlS'.\ers to these questions \\ilJ bp Con51,:Jén~d
as part of the application for approval and may be subject to further \erificatlOn and public reI., iew Prov!ne ~Hl\ additional
informatIon yûu beli~ve ....vill be neèded to complete Parts 2 and 3.
It IS expected that completion of the full E.~F will be dependent on information currently available ond.,ill not Involve
new studies, research or investigation If information requiring such additional work is unavailable, 50 Indicate and specify
each instance
NAME OF ACTION
(Y/" -¡;, 1''''/2.,-
LOCATION OF ACTION (InClude Street Address, Mun!cipality and CountYI
Sunset Court, Greenport, Suffolk county (SCTM No. 1000-35-01-04)
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHO~¡E
Mr. John Hurtado, Sr.
ADDRESS
P.O. Box 1925
CITY/PO
Southold
NAME OF OWNER (If different)
~I'\M
?j)
ZIP CODE
11971
------'
ADDRESS
CITY/PO
ZIP CODE
DESCRIPTION OF ACTION
Applicant proposes to subdivide a 248,929 s.f. parcel into
lots, ranging in size from 15,000 to 16,000 s.f.. Each lot
be improved with single family dwelling, sanitary system,
driveway and landscaping.
(10)
will
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project,
1 Present land use: DUrban
DForest
both developed and undeveloped areas
Dlndustrial DCommelClal. ~esidential (suburban) DRW,non.farmJ
DAgriculture )'1Pther V A(A~ Ih./I...'''ln....} l¡h¡ )
5.7
2 Total acreage of project area'
APPROXIMATE ACREAGE
Meado" or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.i
Wetland (Freshwater or tidal as per Articles 24, 25 of ECLi
\\' ater Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type) Lawn and landscaping
Haven
acres
PRE5ENTl Y
acres
AFTER COMPLETION
5.7
acres
acres
acres
acres
acres
acres
1 .5
acres
acres
acres
acres
acres
acres
acres
1.00
3.20
acres
acre;
3. \Vhat is predominant soil type(sJ on project site?
a. Soil drainage: Œ\.\ell drained 100 % of site
C] Poorly drained % of site
b If an~ agricultural land IS invohed how marl'," acres of sod are classified V\ ithln soil group 1
Land Classification 51 st.'m' N / A acres. (See 1 NYCRR 3"0).
-+ ,.i,re rhert: bedrG,~k outcropplng5 on prc'Jeet ~¡tt::'l DYes ~INo
(1 \\'h3t is d"è-pth to b""dr.xU 600+ ¡in feet)
Loam
ui\1oderateJy
I'I...A \ld R
,
\\ell drained
% or sitE:
thr.)ugh 4 of the N'¡ S
2
J
··',PP""'lrnÒk pdcent,1gc' ot ptOlJCcséd r,'et "te "ith slopes:
~OlCt% ~~
'::::J10-111')0
o
--'I:,
C15~,',:, or greater ~___ é\)
I) 1:- prult'd s\.¡b.,untIJIf'., cvntlgLlOLJ5 to c>r contain a budding, site. Of district, listed on tht: StJtp 'Jf the ~~Jtiofla!
RL'1,:lster::. '.It Histone Places? [J'¡b ŒNo
.... Is prOject <;ubstcHHrall\- contlguO,JS to 1.I site listed on thE' Register (Jf NJtional ~atural Landmarksi
ß Whet" the Jepth ot (he "ater table!.-á-o+" (in feet) IT I @
::=') e"
~No
I) Is Sltt IGca.ted 0\ër a primM\,. principii!. or sole source aquiferi
CXì ~s
UNo
10 Dc' huntlni:!. tlsfwl'S or shell f!shln~ opportunitlPS presently eXIst In ttlt' pro ~ct area(
DIes
RlNü
11
DOE'5
pm t'ct :'JltL' contain
::J\ô œlNo
an\ SpèCle'i of plant or animal hft~ thar is
According to Field inspection
identified as threZtk'ned or t:'ncJangered?
Identlfv each species
12 ··\re thtp:' a'ly unique or unusual land form'i on the project ~Ite? (i e. chft~, dunes, other geologIca! formations)
i_;) e':i ~No Describe
11. j::; the pw¡e( t
Dìe,
Site presently used bv the
iXlNo If yes. eAplaln
conHllUllltv or neighborhood as an open space or recreation areal
1-1 Does thf:' present site include 5Ct·nic vle\\'s kno\\ n to be important to the communitv?
!:::J"rt.'s [XI No
15 Strearn~, \\ Ithin (lr contiguous to project area _ None
it l'Iame of StrèdfTl and name of RI\er to \\hich It IS tributary
1 h Lakes p'Jnds. wdland area':) \\ ltillrl or contiguous to prolect area
a Name N/A. N'l.SDEC þeii'C't.I~o. WerUI.vp bP@ b Slle (In acresl
17. h the site served by eXisting public utdlt1(~s( KJ'rö ~Çt. v1'U..\'tf6:S éJC ¡S"-
a) If 1es. tloes suttiClent capacJt\' eXIst to allo\\-' connE'ctlonì ~"rf'<; UNo
b1 It "r'ES, will imprO',erl1t~nts be necessar\ to allm'.' Lonnectlun? [}J·t'S DNo
1B 15 the ~itt2 located III ..in agric..ulturùJ district n:·rtified pursuant to Agriculture ànd t,,1arkets La\\'. -\rtlcls- 25-AA.
Sl"·ct ()n 303 dnd 3Ci-P '~!'ies. ~No
IN \"""MooI!:II)'o¥t'è- Vlc'IAlIT"'/
1() Is the sIte located In or suostantiallv contiguous to a Cntlcal EnvJr(mmental Area designated pursuant to .t..rticle 8
of the ICL. and 6 N\CRR bl71 DYes 1<1 No
20 Has the sIte ever been uSf'd for the disposal of solid or hazardous wastes?
DYe's
KJNo
B. Project Description
1. Ph\slcal dimensions and sca.le of pro f'ct (fill in dImensions ð5 appropriate)
,1 Totlll contIguous aUf-age ov\ned or controlled by project ')pomor
b Prolect acrea.ge to be de'.eloped· 5.7 acres initial I\"
c Prolf'ct LÌcrt~Jgf.' lo rE.-mðln undeveloped 1.5 acres.
0.1
5.7
4.2
acres
acres uttlmati::l\.
d Length ot prown. in miles
n/A
e If tht:· pro i:'u IS an e·',pùn510n Indicate percent of e\pansion proposed
~.J'Jn1bc·r ot otf-~rrf-:'('t parkln~ spaces P~:lstlng N/A , propùsed 20
g ,','il"':lnllHTJ ',tè-hICtdM trip, gPneratt:d pd hour ~~_ (UpOIl ,--ompldl0n of prolt:(( ~'
(If appropriatel
o
/0
h ! f rt~~ldt:'r1lIJI
Inl(IJII"
UltIITldt,-.I.,
Numbr-·r dnd t\ Pi;;- ,jf
One farntl"r
1 0
-"- ------
10
housing UllltS:
T\\'o F:Hllil\
1\1ultipl~· F.lrnli,:
Cond')rT1lniurn
---------
---- ----
-----
I Dlrlh:'"t"¡,il-:)I1',, f"¡ fi'f:lj ut I':HšF-S[ priJpc.')O;'-,.-i ;"tru<-turt! 3..Q_'_ __ h(~lght. ___-liL~ ,.I,-hh ___6._Ü~ It::"n,L:tf~
LII1':',:lI f.,-+l fit tr._'.ntJge IIc.ns J ptlbll( rll'Jr,-,ui~l¡fclrt_' prr:, t"( t '.'. ill G'_-'~lIr·", I..' ___-.62.2_ tt
3
,
a. If \P~. tor \\·hat intF.'ncl<::d purpo~t: IS thl'.- 51t>~ b('lng rt'cl.1lmedt
etr I \'dl be remo.r::d irï:--m the sltei -.._0__ tOlls/cub!c
Or\J,:, [~N/\ ~
Landscaping
yareh
.2 He,\\, much naturôl Iì1Jterul II ë rock ah
2 \'.'111 ulsturbed ,Hea~ L.t:, rF:.~I¿lIJ1l.::,j,' ~es
b \Vill topsoil be stoc~, piled tor reclamatlon1 ~y èS CINo
c \'/111 upp¡~r su[,sod h~ stod'-.piled for rE'clamòrion? ~Ie" DNa
0..\ Ho\\ many anèS ot ...ew~~tJ.tlûn (trf2eS. shrubs. ground cu\'er~J \vlll be remo\E'd from sitE~7
4.2
acres
5 \Vill any mature tore;;t (ü\er 100 '..ears old) or othêr locallV-lmportant vegetation be removed by this project?
D'ès ~No
6 If single phase prolect. :~,rltlcipa.ted period oi construction
12
months, (including demolItIOn).
, If multl·pha'éd· N / A
a Total number ot phLlsQS antIcipated . (number)
b AntIcipated date of commencement phase 1 month
c. Approximate completion date of final phase month
d. Is phase 1 functionally dependent on subsequent phases' DYes
\ear. (including demolition)
\-'ear.
DNo
B \ViII blasting occur during construction?
DYes
10
~No
9. Number of jobs generated during construction
. .' I 0
atter project IS comp ete __ .
10. Number oi jobs eliminated by this project
o
11. \Nill project reqUIre relocatIon of any projects or facilltif's?
DYes
ŒNo
t f 'yes, expl~1in
12 Is surface liquid waste dIsposal involved? D'Yês 4lNo
a If yes. mdlcate t", pe of \....aste (sewdgf:', industrial. etc) and amount
b. Name ot \vater body Into which effluent V\ill be discharged
".., T Sanitary effluent
13 Is subsurtace liqUId \\'rlste disposal invo!\ed' t:'J\f'S DNo ype
14 \Vill 5wface area of an e\I'itlng \\dter body increase or dt'(rease by proposal? L1'1es ~No
Explain
15. 15 project or any portion of project located in a 100 year flood plain? DYe') P9No
16. \'ViJl the project gt~nerate solId wa')te' Œ) es DNo
ð. If yes. what is the amount pH month 1 .7 tons
b. If yes. \\ill an existing solid \....aste facility be used' KJYes LNo
c If \es, give name Town of Southold Facility; location (v1:C~OC:aU6
d. Will any wastes not go into a se\\'age disposal system or into a sanitarv landfill? DYes
e. If Yes. explain 1.c:L"tLM.t£<;
œNo
17. Will the project involve the disposal of solid wastel DYes œNo
a. If yes, what is the anticipated rate of disposal? tOils/month.
b If yes, what is the anticipated site life? __ years.
18 Will project US" herbicides or pesticides?
ITYes
DNa (Household)
19. Will project roLltinely produce odors (more than one hour per day)! DYes IKINo 7
20 \Vill project produce operatmg nOIse exceeding the local dmbient nOIse le\'els? @Y:;) ftlNo sR
21 \\'iJl project result In an Increase In energy use' [21.)e., DNa
Ii "es Indicate t'.'pelsl Heating oil, electricity, gas
22 Ii \\atf'r su.ppl\ is from \\,i::'II~. lndicate pumpinð capacity ~A __ g~l[olìs/minute
:.!J T::)tcd .1ntlClpJkd '.\~lter IJ~~ì§/~ per c1dV~-+-;1rOõ1'~lkH15idJ\" (r-1aXlffium)"ßM&Þ 0".) '3oo~d. t"^ \J"'~, @
~-1- DOt_'''' pro t-:'u ¡n\'ol'.,= LCH'LIi S~a.tl' or Fedëra] fundln~1
If 'r t'~ e\plJln
CJl¡h
rlNci
Ln
4
25. Approvals Required:
City. TO\\ n Village 8ol1ra
Clt\. Tüwn \'1:lage PIJnnlng Hoard
elt',. To.'..n Zoning Güard
Cit\. COllnt\ Health DepJrtrnent
Other Locòl -\gen( If:',
Othèr Regiunal '\~enllt'''
StatF \gl-"nrfPs
FedçraJ Agencies
.
~Yê mNo
- .,
IXhes CJNo
DYe, ~Nú
~Yes DNa
DYes ~No
llìes ~N()
[J Yes ~No
DYes rnNo
.
Tlpe
Submittal
Date
C. h(ì1\G," ~ 'tDkJ I'::
Subdivision
-~-_.
-----
Subdivision sanitary
c. Zoning and Planning Information
I Does propost->d action im.olvE' a planning or zoning decIsion? XJ) es DNa
If 'Ie.'>, indicate decision required
~zaning amendment Dzanlng \·arIJnce Dspecial use pE'rmlt KJsubdi\'ision
Onewirevislon of master plan Dresource management plan Dother
2 \Vhdt ,; the lonlng Cldssif,cation(s)of the sltel B.---1-Residence R.- '-IÒ @
\\'hat IS thE.' maximum potentIal development of the site if devf'loped as permitted by the present zoning?
~~ ~single family dwellings
..J \Vhat IS the proposeJ zoning ot the site? .....a.-l R=;:)";"JC;:l1G(. A. \t D ®
Osite plan
~ \Vhat i::; the mJ\irnum potential development ot the ~Ite if de\eloped as permitted by the proposed zonlngì
(10) Single family dwellings
IJ I" the proposed action consistent with the recommended USh in adopted local land US(, plansf
\\'hat are the predominant land users) and lonlng classifICations \\nhln a 1'4 mile radius of proposed
Residential) ~OM."'Ctt\~Q.\,\!.<n..",,* \o."r\~ \l.-L\O¡Lß¡11.6 fl.-So ~
Is the propl¡')cd artlOll compatible with adjoining/surrounding land uses "-·ithln a 1/4 mde'
8
~
If the proposed action is the subdIvision of land.
a \\'hat IS the minimum Jot size proposed?
)[lYes
DNa
actll)n2
how manY' lots are proposed?
I~OOO J@~s. f.
,
¡gYes
1 0
DNo
11
10 \\1111 propo~ed action require any authorizatlon(s) for the formation ot sewer or water districts?
services (recreatIon, education, µOIICE',
\,vill the proposed
fire protedlonj1
DYes
XJNo
action create a demand for any community provided
I~\ es [JNo
12
a It yes. Ij e\lsting capacity suffIcient to handle projected demand?
¡gNo
[]{Yes
ONo
\Vill the proposed action result In the generation ot traffic significantly above present levels?
DYes
~
DNo
a It 'yes, is the P\istlng road net\\ork adequate to handle the additional traffic?
D. Information!!1 Details
Attach .1ny additional Information as may be needed to clarify your prolêct If there are or ma\ be any adver5/C'
IInpact5 assoclJted '.\ Ith VOllr proposal please dIscuss such impdcts and the measures \\ hleh \ nu propose to rnltlgate or
avoid them
E. Verification
! certify that thE' Iní..-¡rmauon provided abO\ë \$ true to the best of nn h.no',\If:dg~
"ppl"j""Spons,)r ~,e(f_,Ç1;'r's 1-1.... Bowman/Land Use EcOlogic~l ServlCe!f.>aWc. 10/16/01
~'Ignòturt __ ___ Tltl~ Pres~dent._
If the action is in the COdstal Area, and you are a state agenq. complete fhe Coastal Assessment Form before procet:dir:..;
with this assessment.
c
.,
Part 2-WJECT IMPACTS AND THEIR .NITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
· In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable! The reviewer is not expected to be an expert environmental analyst.
· The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring e\.'aluation in Part 3.
· The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
· The number of examples per question does not indicate the importance of each question.
· In identifying impacts, consider long term, short term and cumlative eHects.
Instructions (Read carefully)
a, Answer each of the 20 questions in PART 2, Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
impact. If impact threshold equals or exceeds any exampie provided, check column 2. if impact wili occur but
threshold is lower than example, check column 1,
d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily signillcant.
Any large impact must be evaluated in PART 3 to determine signifIcance. Identifying an impact In column 2 simply
asks that it be looked at further.
e, If reviewer has doubt about size of the impact then consider the Impact as potentially large and proceed to PART 3.
f, If a potentially large impact checked in coiumn 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check the Yes box In column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
IMPACT ON LAND
1 Will the proposed action result in a physical change to the project sitel
.NO DYES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot rise per 100
toot oi lengthj, or where the general slopes in the prolect area exceed
10~'ö .
· Construction on land ........here the depth to the water table 15 less than
3 feet.
· Construction of paved parking area for 1,000 or more vehicles
· Construction on land where bedrock IS exposed or generally IVithln
3 feet of existing ground surface
· Construction that .......¡II continue for more than 1 'year or In\oh,e more
than one phase or stage.
· Excavation for mining purposes that would rernO\..e more than 1.000
tons of natural material (i.e.. rock or sod) per year.
II Construction or expansion of a sanitary landfill.
II Con5truc~ion in a designated iJoodway.
· Other impacts
2 \ViJ there be an effect to any unique or unusual land forms found on
the sitel (ie., cliffs, dunes. geological formations, etc.i.NO DYES
· Specific land forms:
6
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
0 0 DYes ~r--.;o
~ 0 UYes uNo
LJ
0 0 DYes DNa
0 C DYes DNa
0 [] DYes ONo
0 0 OYes DNo
0 U DYes UNo
0 Û [JYes UNo
L '-I l-lYes [j¡\ o
0 D CVes DNa
.
IMPACT ON WATER
3 Will proposed action affect any water body designated as protected?
(Under'l.rticles15, 24, 25 of the Environmental Conservation Law ECL)
_NO c:JYES
Examples that would apply to column 2
· Developable area of site contains a protected \'\Iater bodv.
· Dredging more than 100 cubic yards of material from channel of a
protected stream
· Extension of uti lit\, distribution facilities through a protected \.vater bod\.
· Construction in a designated fresh\\·ater or tidal wetlafld.
· Other impacts:
4 \Vill proposed action affect an~ non-protected existing or nevI' bod~
of water? .NO ~\'ES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of am body of water
or more than a 10 acre increase or decrease.
· Construction of a bod\· of water that exceeds 10 acres of surface area
· Other impacts:
5. vVilJ Proposed Action affect surface or ground\\ater
quality or quantitv? "NO .YES
Examples that ",ould applv to column 2
· Proposed Action will require a discharge permit.
· Proposed Action requires use of a source of \vater that does not
have appro\'al to serve proposed (project1 action
· Proposed Action requires water supply from wells with greater than -1-5
gallons per minute pumping capacit\
· Construction or operation causing an~ contamination or a ,,,,atér
supply 5vstem.
· Proposed Action will ad\ ersely affect ground\vater.
· Liquid effluent vvill be conveyed off the site to facilities which presenth
do not exist or have inadequate capacit\'.
· Proposed Action would use water in excess of 20,000 gallons per
dav.
· Proposed Action will like!\- cause siltation or other discharge into an
existing body of water to the extent that there \\ ill be an obvious visual
contrast to natura! conditions.
· Proposed Action \vdl require the storage of petroleum or chemical
products greater than 1,100 gallons.
· Proposed Action will allo\\/ residential uses In areas \vlthout '.'vater
and,:or sewer sef\,ices.
· Proposed Action locates commercial and,.or industrial uses which may
require new or expansion of existing waste treatment and....or storage
facilities.
· Other Impacts:
?u1lLl<' ,ù.N<'1!12 ~ur,l'1 Iì\,hilA1l" ,'""f"J
6. \^;'d! proposed action a!ter drainage flow or patterns. or surface
water runoff? .NO C'YES
Examples that would applv to column 2
· Proposed Action would change flood v.,.'ater fla\"'s.
7
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
0 0 DYes ONo
0 0 L'Yes ONo
0 0 DYes ONo
0 0 Ores ONo
~ 0 Dìes DNo
-
0 0 CYes ONo
0 0 Dìes UNo
D U Dìes ONo
0 C DYes LNo
0 0 DYes DNo
0 [] DYes "No
[] 0 DYes DNo
- 0 Lìes DNG
-1
D 0 DYes ONo
0 0 L'Yes ONo
D 0 [hes ONo
0 0 DYes ONo
0 0 DYes ONo
0 0 DYes DNo
U . .Yes ONo
0 0 DYes ONo
.
· Proposed Action may cause substantial erosion.
· Proposed Action is incompatible with existing drainage patterns
· Proposed Action wili allow development in a designated floodway.
· Other impacts:
IMPACT ON AIR
7 Will proposed action affect air quality? .NO DYES
Examples that would apply to column 2
· Proposed Action will induce 1,000 or more vehicle trips in an\' gi\,'en
hour.
· Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.
· Emission rate of total contaminants Vv¡I exceed 5 Ibs. per hour or a
heat source producing more than 10 million BTU's per hour
· Proposed action will allow an increase in the amount of land committed
to industrial use.
· Proposed action will allow an increase in the density of industriaJ
development within existing industrial areas.
· Other impact::ì:
IMPACT ON PLANTS AND ANIMALS
8 Will Proposed Action affect any threatened or endangered
species? .NO DYES
Examples that would apply to column 2
· Reduction of one or more species listed on the New) ark or Federa!
list. using the site. Qv'er or near site or round on the site.
· Removal of any portion of a critIcal or signiricant \\i!dl¡re habitat.
· Application of pesticide or herbicide more than tVvice a \lear, other
than for agricultural purposes.
· Other impacts:
9 Will Proposed Action substantially afiect non-threatened or
non-endangered species? .1':0 =YES
Examples that would apply to column 2
· Proposed Action would substantially interfere with an\' resident or
migrator,' fish, shellfish or wildlife species.
· Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally Important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10. 'o\'ill the Proposed Action affect agricultural land resources?
.NO CJYES
Examples that would apply to column 2
· The proposed action \\iould sever, cross or limit access to agricultural
land (includes cropland, hay fields pasture. vine\ard, orchard, ete J
8
.
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
0 0 DYes DNa
0 0 DYes DNa
0 0 DYes DNa
0 0 DYes ONo
0 0 DYes ONo
0 r::J DYes DNa
0 0 UYes DNa
0 [] DYes DNa
0 0 DYes DNa
0 D DYes DNo
D D []yes DNo
[,I I DYes DNa
0 0 DYes DNa
0 0 DYes ONo
0 0 DYes DNa
,-, ,- DYes DNa
-
0 0 DYes ONo
.
· Construction activity would excavate or compact the soil profile of
agricultural land.
· The proposed action would irreversibly convert more than 10 acres
of agricultural land or, if located in an Agricultutal District, more
than 2.5 acres of agricultural land.
· The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g" subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e,g. cause a farm
field to drain poorly due to increased runofi)
· Other impacts:
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resourcesl .NO DYES
(Ii necessary, use the Visual EAF Addendum in Section 617.20,
Appendix S.)
Examples that would apply to column 2
· Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
· Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantlv reduce their
enjoyment of the aesthetic qualities of that resource
· Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
· Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12 \Vil[ Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance? DNO .YES
hamples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or site listed on the State or National Register
of historic places
· Any impact to an archaeological site or fossil bed located within the
project site
· Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
· Other impacts
IMPACT ON OPEN SPACE AND RECREATION
13 Will Proposed ,\ction affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that \\ould apply to column 2 .NO eYES
· The permanent foreclosure of a future recreational opportunity.
· A major reduction of an open space important to the communit\'.
· Other impacts:
9
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
D D DYes "No
D D DYes DNo
D D LYes DNo
D ~ D,es CNo
-, 0 DYes DNo
~
0 0 D,es DNo
0 0 DYes DNo
0 0 D,es DNa
0 0 DYes ONo
0 0 DYes ONo
. 0 .Yes ONo
- 0 D,es DNa
c.J
0 0 DYes ONo
:..J 0 'DYes ONo
0 0 DYes UNo
I
.
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14 \vill Proposed ,A,ction impact the exceptional or unique character-
istics of a critIcal environmental area (CEA) established pursuant to
subdivision 6 N\CRR 61ì.14(g)' .NO []\ ES
List the environmental characteristics that caused the designation of
the CE.\
--
--
--
----
Examples that would applv to column 2
· Proposed .-\cllon to locate within the CE.-\?
· Propo~ed ..I"Ulon wi I! result in a reduction in the quantit\' of thè rbource~
· Proposed ..';ct\on v\ill result in a reduction In the quallt\ or the resourc.e?
· PrlJposed .I,(llOn will Impact the use, function or en o\ ment ot the
re50urce~
· Other Imp6ct5
--
IMPACT ON TRANSPORTATION
15 \\'111 there bè an effect to existing tr3.nsport3.tlon 5\stems?
ONO
.\ ES
Examples th,:H would applv to column :2
· Alteration of pre~ent patterns of mo\·ement of people and.'or gOOl~5.
· Proposed .'\ctlon \\ ill result in major traffic problems.
· Other Impacts I
IMPACT ON ENERGY
16 Will proposed action ariect the commumt., s 'ources or fuel 'or
energv 'Lippi" .NO Cì E 5
Ex.amples that would appl.. to cGlumn 2
· Proposed Ä.ctiotl .,\ dl caus~ a ~rt~ater thJ.n 5% increase in the use or
any form of energ\ in the municipality
· Proposèd Actlün ",·ill requlr.:o the creation or è.\tension of an energ\
transml5::.ion or suppj', 5\S~em to SE'rve more than SU ::;ingle or t\Vo tdrn¡ \
r~sldènce5 or to ~er'.'e 3 major commer"::lal or mdustrial use.
· Other Impacts.
10
1
Small to
Moderate
Impact
.2
Potential
large
Impact
3
Can Impact Be
Mitigated By
Project Change
~ n DYes []No
-
[' ~ C', es =:JNo
0 0 '~'TêS DNa
[j 0 U\es []No
0 0 [hes UNo
.
o
1--;
L_
-
. ,
L-1
[]
[j
.\e;
Cìes
LJYes
DNa
---.!No
CNo
0 - -, [[ " ~
b ~~':r
~ 0 ~ CNc
- I eS
[J :, I----...J Y 025 DNa
.
NOISE AND ODOR IMPACTS
17 \fvill there be objectionable odors, noise, or vibration as a result
of the Proposed ,'\ctlonl _NO DYES
hamples that would apply to column 2
· Blasting within 1,500 feet of a hospital. school or other sensitive
facility
· Odors will occur routinelv (more than one hour per dayi
· Proposed Action wd! produce operating noise exceeding the local
ambient noise levels for noise outside of structures
· Proposed .\ction will remo\..e natural barriers that would act as a
noise screen
· Other Impacts_
IMPACT ON PUBLIC HEALTH
18 Will Proposed Action affect public health and safety?
.NO
DYES
hamples that would apply to column 2
· Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic 10\..... level
discharge or emission
· Proposed Action may result in the bUrial of '"hazardous wastes" in any
form fl.e toxic, poisonous, hIghly reactive, radioactive, irritating,
infectious, etc )
· Storage facilities for one million or more gallons of liqulfled natural
gas or other flammable liquids.
· Proposed action mav result in the exca\ at ion or other disturbance
\..-¡thin 2,000 feet of a site used for the disposal of solid or hazardous
waste.
· Other Impacts
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
19 Will proposed action affect the character of the existing communltyl
DNO .YES
Examples that would apply to column 2
· The permanent population of the city, town or village in which the
project is located is likelv to grov·. bV more than 5%.
· The municipal budget for capital expenditures or operating services
vvill increase bv more than 5% per year as a result of this project.
· Proposed action will conflict with officially adopted plans or goals.
· Proposed action will cause a change in the density of land use.
· Proposed Action will replace or eliminate eXIsting facilities, structures
or areas of hIstoric importance to the community
· Development \....ill create a demand for additional community services
[e g schools. police and fire. etc.)
· Proposed Action will set an important precedent for future projects.
· Proposed Action \vill create or eliminate employment.
· Other impacts'
sm~~ 2 3
Potential Can Impact Be
Moderate large Mitigated By
Impact Impact Project Change
0 0 DYes DNa
0 0 DYes DNa
0 0 DYes DNa
0 0 DYes DNo
0 0 DYes DNo
0 0 UYes DNa
0 0 DYes DNo
0 0 DYes DNo
0 D DYes DNO
C 0 DYes DNa
0 D DYes DNa
0 0 DYes DNa
0 0 DYes DNo
. D DYes .No
L 0 DYes DNo
. C .Yes DNa
0 0 eYes DNo
0 0 DYes DNa
0 0 DYes QNo
20 Is there, or is there like!" to be, public contrQversy related to potential adverse environmental impacts?
DNO
.YE5
If any action in Part 2 Is Identified as a potential large impact or If you cannot determine the magnitude of Impact, proceed to Part 3
11
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF \TfAL STATISTICS
~L-\RRL-\GE OFFICER
RECORDS ~L-\NAGEMENT OFFICER
FREEDOM OF INFORl\L-\ TION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax ,631> ~65-6145
Telephone (631) 765-1800
southoldtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May I, 2002
Melanie Norden
1550 McCann Lane
Greenport, New York 11944
Dear Ms. Norden:
In response to your letter of April 24, 2002 appealing the Town's decision on the release
of the MaTine, Inc. SEQRA Report, please be advised that the Town Board has decided to
release the report. This report is seventeen (17) pages at a cost of $.25 per page, the total cost is
$4.25. Since the report is being supplied to you, [ will cease any further action on the appeal
process. Please contact my office if you have any questions concerning this matter. Thank you.
Very truly yours,
(Ó'hAfJ.d'.IOi)M/it
Ðiz-;g~h~: Nev;l~
Southold Town Clerk
cc: To,,",," Attorney
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ELIZABETH A. !'iF'.'TLLE
TOWN CLERK
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P.C>. Bux 1179
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HE('O[{J)~, .\I:\N_-\(~E[\IEXT OFFfL'EH
FREEDCL\[ OF INFOHf\L-\Tlor-: OFFICErt
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
RE:
Gregory F. Yakaboski, Town Attorney
Mary A. Wilson, Assistant Town ~~
Elizabeth A. Neville, Town ClerlÍ < ~
\ /
. -----
Opinion of Robert Freeman, Exec'ùtrviõirector
DOS, Committee on Open Government
TO:
FROM:
DATE:
4/29102
GreglMary:
Mr. Freeman's opinion is that the Environment Review SEQRA Report on MaTine, Inc.
Should be provided under foil with any advisory opinions or recommendations redacted.
A similar opinion provided in the past by Mr. Freeman and his reasons for the opinion are
attached. Please review and reply immediately. Thank you.
cc: Supervisor & Town Board
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STATE OF NEW YORK
DEPARTMENT OF STAT!:::
COMMITn::r: ON OPEN GOVERNMENT
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:;mmittee Members
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E·'~·':"Il- ~ Di,cc,,",
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l\Is. Anne Ball
15 ì9,\mstadarn Road
ScotIa, NY 12301
The staff of the Committee 011 Open Government is authorized to issue advisorY opinions The
ensuin" staff advisot'V op¡mon is based solelv upon the information presented Tn vour
correspondence.
Dear Ms. Ball:
I have received your letter of March 23 and the materials attached to it. You have soughl an
advisory opinion concerning your efforts in obtaining records from th~ TowTI of Gknville.
~
Your first question is whether the Town may '\vithhold entire records because they fdll under
the calegory of inter or intra-agency rccords or are town oftïcials required to rel'iew the records to
determine ifany of the information eOnIained in the record falls under 87.2(g)(i), (ii), (iii) or (iv)?"
In this regard, the Freedom of Information Law is based upon a presumption of acccss.
Stated differently, all records of an agency are available, except to the extent that records or portions
thereof fall within one or more grounds for denial appearing in §87(2)(a) through (i) ofÙle Law. It
is emphasized that Ùle introductory language of §87(2) refers to the authority to withhold "records
or portions thereof' that fall within the scope ofthe exceptions that follow. In my view, the phrase
quoted in the preceding sentence evidences a recognition on the part of the Legislature that a single
record or report, for example, might include portions that are available under the statute, as well as
portions that might justifiably be withheld. That being so, I bclieve that it also impoòes an obligation
on an agency to review records sought, in their entirety, to deternline which portions, If any. might
properly be withheld or deleted prior to disclosing the remainder.
The Court of Appeals. the state's highest court, reiterated its general view of the intent of the
Freedom of Information Law most recently in Gould v. New York City Police Department, statmg
that:
'-,
"To ensure maximum access to government records, the 'exemptions
are to be narrowly construed, with the burden resting on the agency
to demonstrate that the requested material indeed qualifies for
exemption' (Malter of Hanig v. Scate of New York Dept. of lv[otor
Vehicles, 79 N.Y.2d 106, 109,580 N.Y.S2d 715,588 N.E.2d 750
see, Public Officers Law § 89[ 4][b]). As this Court has stated, '[o]nly
_il~ _I "':"1"' \1(1\- 1:':.-" F\',: :'",1'" -l7..t 1~1~7
\JYC; )ll~ l~d\-;
.
.
-J """
1\1·, Anne B.lil
-\pril 25. 2001
p;j::....~ - '2 -
where the material requested falls squarely within the ambit of one of
these statutory exemptions may d,sclosun, be ",iIhlield' (.\faIl2r of
Fmk v Lc-jkowitz, 47 N.Y.2d, 567, 571,419 NY.S.ld 467, 393
N.E.2d 463)" [89 NY2d 267, 275 (1996)]
Just as signirîcant, the Court in Gould repeatedly specified that a categorical denial of accesS
to records is inconsistent with the requirements of the Freedom of Information Law. In that case,
the Police Department contended that complaint follow up reports could be withheld in their entirety
on the ground that they fall within the exception regarding intra-agency materials, §87(2)(g). The
Court, howevcr, \vTote that: "Petitioners contend that because the complaint follow-up reports
contain factual data, the exemption does not justify complete nondisclosure of the reports. Wc
agree" (j,¡i. 276). and stated as a general principle that "blanker exemptions for particular types of
documents are inimical to FOIL's policy of open government" wL 275). The Court a]so otìèred
guidance to agencies and lower courts in determining rights of access and referred to several
decisions it had previously rendered, stating that:
"...to invoke one ofthe exemptions of section 87(2), the agency must
articulate 'particularized and specific justification' for not disclosing
requested documents (Matter of Fink\'. Lefkowitz, supra, 47 N. Y.2d,
at 571, 419 N.Y.S.2d 467, 393 NE.2d 463). If the court is unable to
determine whether withheld documents fall entirely wilhin the scope
of the asserted exemption, it should conduct an in camera inspection
ofrepresentative documents and order disclosure of all nonexempt,
appropriately redacted material (see, Matter afXerox Corp. v. Town
of Webster, 65 N.Y.2d 131, 133, 490 N. Y.S. 2d, 488,480 N.E.2d 74;
Matter of Farbman & Sons v New York Ciry Health & Hosps Corp.
supra, 62 N.Y.2d, at 83, 476 NY.S.2d 69, 464 N.E.2d 437)" (igJ.
While § 8 7(2)(g) potentially serves as one of the grounds for denial of access to records, due
to its structure, it often requires substantial disclosure. The cited provision permits an agency to
withhold records that:
"are inter-agency or intra-agency materials which are nor:
1. statistical or factual tabulations or data;
11. instmctions to staff that affect the public;
iii.· final agency policy or determinations; or
iv. external audits, including but not limited to audits performed by
the comptroller and the federal govemment..."
'-...,
It is noted that the language quoted above contains what in effect is a double negari ve. \\'hile inter-
agency or intra-agency materials may be withheld, portions of such materials consisting of statistical
or factual information, instructions ro statI that affect the public. final agency policy or
.111
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Jd~rmin~tions or "xternal audits must be made available, unless a different ground for d~ni3.l could
:lpproprratelybe asserted. ConcUTIently, Ihose portions ofinter-agency or intra-ag~ncy materials th"t
'1[e ret1ective of opinion, advice. recommendation and the like could in my view be withheld
The same kind of analysis would apply with respect to rccords prepared by consultants for
agencies. for the Court of Appeals has held that:
"Opinions and recommendations prepared by agency persormel may
be exempt from disdosure under FOIL as 'predecisional malerials,
prepared to assist an agency decision maker*'*in arriving at his
decision' (McAu1av v. Board ofEduc., 61 i\D 2d 1048. aft'd 48 NY
2d 659). Such material is exempt 'to protect the deliberarivc process
of government by ensuring that persons in an advisory role would be
able to express their opinions freely 10 agency decision makers
æ[atter of Sea Crest Const. Com. v. Stubing-, 82 AD 2d 546,549).
"In connection with their deliberative process, agcncies may at times
require opinions and recommendations from outside consultants. It
would make little sense to protect the deliberative process when such
reports are prepared by agency employees yet deny this protection
when reports are prepared for the same purpose by outside
conSLlltants retained by agencies. Accordingly, we hold that records
may be considered 'intra-agency material' even though prepared by an
olltside consultant at the behest of an agency as part of the agency's
deliberative process (see, Matter of Sea Crest Constr Corp. v.
Stubing. 82 AD 2d 546, 549, SUDra; Matter of 124 Ferry St. Realtv
Corp. v. Hennessv. 82 AD2d981, 983)" [Xerox Corporation v. Town
of Webster, 65 NY 2d 131,132-133 (1985)].
Based upon the foregoing, records prepared by a consultaDt for an agency may be withheld
or must be disclosed based upon the same standards as in cases in which records are prepared by the
staff of an agency. It is emphasized that the Court in Xerox specified Ihat the contents of intra-
agency matenals determine the extent to which they may be available or withheld, for it was held
that:
"While the reports in principle may be exempt from disclosure, on
this rccord - which contains only the barest description ofthem - we
cannot determine whether the decuments in fact fall whelly within
the scope ofF OIL's exemption for 'intra-agency materials,' as claimed
by respondents. To Ihe extent the reports contain 'statistical or factllal
tabulations or data' (pllblic Officers Law section 87[2] [g] [i]. or other
material subject to prcduction, they shell1d be redacted and made
available to the appellant" (id. at 133).
~
Therefore, a record prepared by a consultant for an agency would be accessible or deniable. in whole
Dr in part, depending on its contents.
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I note that in Gould. supra, one of the contentions was that cenain reports could be withheld
bl:cauoe they were not final and because they related to incidents for which no tïnal deknnir1atlOr1
had been made. The Court rejected that finding and stated that:
"...we note that one court has suggested that complaint follow-up
reports are exempt [TOm disclosure because they constitute nOnlmal
intra-agency material. irrespective of whether the infonnation
contained in the reports is 'factual data' (~, Matter ofScon v. Chief
lVkdica1 Examiner. 179 AD2d 443, 444, supra [citing Public Officers
Law §87[2][g][1l1]) However, under a plain reading of §87(2)(g),
the exempIion for intra-agency material does not apply as long as the
material falls within anyone of the provision's four enumerated
exceptions. Thus, intra-agency docllmenIS that contain 'statistical or
factual tabulations or dala' are subject to FOIL disclosure, whether or
not cmbodied in a final agency policy or determination (sec. Matter
of Farbman & Sons v. New York Citv Health & Hosp. Corp., 62
NY2d 75,83, supra; Matter of MacRae v. Dolce, 130 AD2d 577)..."
[Gould et a!. v. New York Citv Police Department, 87 NY2d 267.
276 (1996)].
~
In short, that the records are "draft" or "non-final" would not represent an end of an analysis
of rights of access or an agency's obligation to review the entirety of their contents to determine
rights of access,
Second, many ofthe records sought were prepared by "advisoI)' commissions" created by
the Town, and the question is whether those entities constitute "agencies" as defined by the Freedom
ofInforrnation La\v. Each of the commissions in question has only the authority to advise; none has
the authority to take final and binding action. In my view, if the commissions were created by
resolution, it is likely that they are not agencies. On the other h3.l1d, if a commission was created by
local law, for example, and performs a necessary function in the decision-making process, I believe
that it would be subject to the Open Meetings Law and that it would constitute an "agency" subject
to the Freedom ofInformation Law. On occasion, a regulation promulgated by a slate agency or a
local law creates 3J1 advisoI)' body whose advice or opinion must be sought before the decision-
maker or decision-making body may act. In that situation, because the advisory body performs a
necessary and integral function in the decision-making process, I believe that it would be a "public
body" for pUtposes of the Open Meetings Law and an "agency" for purposes of the Freedom of
Information Law.
If those factors are not present, I point out that several judicial decisions mdicate generally
thaI adviso!)' entiIies, other than comminees consisIing solely of members of public bodies, having
no power to take final action fall outside the scope of the Open Meetings Law. As stated in those
decisions: "it has long been held that the mere giving of advice, even about governmental maners
is not itself a governmental funcIion" [Goodson- Todman EnterPrises, Ltd. v. Town Board ofl\Ülan,
542 NYS 2d 373, 374, 151 AD 2d 642 (1989); Poughkeepsie Newspapers v. !\favor's
Intergovernmental Task Force, 145 AD 2d 65, 67 (1989); see also New York Public Jnterest
'-
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Rest;¡rch Group v. Governor's Advisorv Commission, 507 NYS 2d 7%, aft'd 'With no opin.iùn, 135
AD 2d 11-\9, motion for leave to appeal denied, 71 N'{ 2d 96-\ (1988)].
Relevant to the foregoing is §86(3) of the Freedom of Information Law defines the term
"agency" to meaD.
"any state or municipal department, board, bureau, division,
commission, committee, public authority, public corporation, council,
ot1íce or other go\'emmental entity performing a governmental or
propridary function for the state or anyone or mor~ rnunicipalities
thereof, except the judiciary or the state kgislature,"
Based on the definition, an" agency" is a governmental entity performing a govenunental function.
such as the Town ofGlenville. If the commissions are not pubJic bodies for purposes of the Open
Meetings Law bccause they do not perform a governmental function, for the same reason, they
would not be agencies for purposes of the freedom of Information Law,
If J. corrunission is not an agency, the exception regarding inter-agency and intra-agency
matenals would in my view apply to materials that it prepares.
1 note that Xerox, supra, dealt with reports prepared "by outside consultants retained by
agen(ies" (id. 133). In such cases, it was found thaI the records prepared by consultants should be
treated as if they were prepared by agency staff and should, therefore. be cDnsidered intra-agency
materials. However, based on thc intòrmation provided, a commission could not, in my view, be
(haracterized as a consultant. As the term "consultam" is ordinarily used and according to an
ordinary dictiDnary definitiDn of that term, a consultant is an expert or a person or firm prDviding
professional advice or services, As I understand the compDsition of the corrunissiDns. whlIe they
may consist of well-respected members of the community who may enjoy expertise in a vanety of
areas, their members are not in the business Df preparing recommendations on the Dperation of
municipal government for gain or livelihood. Further, in the context ofthe Xerox decision, I believe
that a consultant would be person or firm "retained" for compensation by an agency to provide a
service. 1I is my understanding that the commissiDns serve voluntarily and without compensation.
F or the foregDing reasons, I do not believe that the records prepared by the commissions CDuld be
viewed as a consultant's report or wDuld fall within the scope Df §87(2)(g) of the Freedom of
Information Law, unless a commissiDn is an "agency" because it performs a necessary function in
the de.:ision-making process.
Third, you asked whether "records such as retainer agreements, communications anJ Dther
records between town board members, employees, and the legal consultants be withheld in Iheir
entirery based Dn attorney client privilege or anorney wDrk prDduct?"
Here I direct your attention tD §S7(2)(a), which pertains to records that "are specifically
exempted from disclDsure by state or federal statute" One such statute, §4503 of the Civil Practice
Law and Rules (CPLR), serves as a cDdification of the attorney-client privilege. From my
perspective, when a municipal official or body seeks legal advice ÍÌom its attorney and the atIDrney
renders legal advice, communications ofthat nature would fall within the coverage of the attomey-
."-1 ~-:+ ~II('::: }!I.,.'; l."\::-,q F\\ ~l'" -17--1 19:.!7
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client privilege and would, therefore, be exempt from disclosure under §87(2)(a) oithe Freedom of
Iniormation Law.
In a discussion of the parameters of the attorney-client relationship and the conditions
precedenl to its jrutiation, it has been held that:
"In general, 'the privilege applies only if(I) the asserted holder of the
privilege is or sought to become a client; (2) the person to whom the
communication was made (a) is a member of the bar ofa court, or his
subordinate and (b) in connection with this comrnurucation relates to
a fact oiwhich the attorney was informed (a) by his cliem (b) viithout
the presence of strangers (c) ior the purpose of securing primarily
either (i) an opinion on law or (ii) legal services (iii) assistance in
some legal proceeding, and not (d) for the purpose of committing a
crime or tort; and (4) the privilege has been (a) claimed and (b) not
waived by the client'" [People v. Belge, 59 AD 2d 307, 399 NYS 2d
539, 540 (1977)]
In my view. a retainer agreement, a contract, would not be subject to the attorney-client
privilege and would ordinarily be accessible [see Orange County Publications. Inc. v. County of
Orange, 637 NYS2d 596 (1995)].
'-
I hope that I have been of assistance.
Smcerely,
jJy$J t·
Robert J. Freeman
Executive DIrector
RJF:jm
cc: Town Board
Robert A. Moore
'-
.
..
.
Melanie NorciJ!n
1550 Mcûznn Lane
Greenport, New York 11944
477-4914 (P) 477-3688 (F)
RECEIVED
.) 4 '-"',
^PR L "·;'A.
April 24, 2002
Southold Town Clerk
Ms. Elizabeth A. Neville, Town Clerk
Town of Southold
T Dwn Hall, 53095 MRin Road
SoutMld, New York 11971
Via Fax: 631-765-6145
Dear Ms. Neville:
As yau are aware, I filed an Application for Public Access to Records on March 5, 2002,
with your Office. I requesœd thR full and entire public record regarding thR Application
of Mil Tine, [nc./John Hurtado for a ChD.nge of20ne on SCTM 1000-035-01-4 Greenpart
property from R-40 Low Density REsiciJ!ntial District to AHD Affordable Housing
District.
Your Dffice has been extremely hRlpful and coopnative in providing me with this record.
You and Linda Coopcr hD.ve mad£ this process a cordial one.
I did, however, also request a capy of thR Nelson, Pope and Voorhies engineering report
which tl!£' T Dwn received earlier this year. I requested a capy of this RepDrt both in
writing and at a Town Board l1U!eting. 71æ Town Attorney ciJ!niEd my request unciJ!r thR
FOIL provisions because he staœd that "reports prepared by cansultants retained by thR
TDwn Board or other departments are consiciJ!red intra-agency materials."
Our 67 Steps Groups subsequently wroœ to Superoisor Horton appealing this ciJ!cision
but received no response. At this time I would like to formally appeal thR Town
Attorney's dEcision thraugh your office under the FOIL provisions.
As you are aware and as a general matter, the Freedom of Information Law is based upon
a presumption of maximum access to public records. Further, the Law ciJ!fines the œrm
record to mean:
. "any information kept, held, filed, produced, reproduced by, with or for an agency
Dr the staœ legislature, in any physical form whatsoever including but nDt limited
tD, reports, sÚltem£nts, e:w.minations, memoralll1a, opinions, folders, files, books,
manuo.ls, pamphlets, forms, papers, designs. drawings, maps, plwtos, letters,
microfilms, compuœr ÚlpeS or discs, rules, regulations or CDciJ!S. "
.
\
.
.
.
All records of an agency are available, exœpt to the extent that records or portions thereof
fall within one or more grounds for denial appearing in pp 87(2)(a) through (1) of the
Law TIwugh I do understJ:md that portions of the Nelson, Pope and Voorhies RFport can
be consukred "intra-agency matmal," and therefore may be witheld, partions of that
rt>part and subsequent correspondence with Nelson, Pupe and Voorhies consisting of
statistical or factual infoTrTUltion, instructions to staff that a!fret the public, final agency
policy or dEterminations or external audits must be made available, unless a diffrrent
grollnd for dEnial am be appropriately asserted by Mr. Yalwboski.
Therefore, I would like to request tOOse relevant portions of the REport as indicated above
be made available to me at this time.
Also, as a matter of course, I am attaching an updated FOIL request with this letter, to
cover the period from March 5, 2002 to present. I specifically request that any portion of
the public record, and in particular any and all records generating from, filed with, by or
about this Application by the Tcrwn Attomq's offiœ, which I haw not yet received I:ry
transmitted to me forthwith.
Thanking you for your attention to this matter, I remain
cc:
Supervisor JoshWl Horton, Town of South old
Town Board Members, Toum of Southold
Robert ¡. Freeman, Executive Director
Committee on Open Government
New York State Dt>partment of StD.re
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EL1ZABETH A· NEVTI..LE
TOWN CLERK
Town Hall. 53û96 M..n Ro.d
POBox 1179
Southold, New 'York 119ïl
F.ø.x (516) 765-1823
Te!epho.ne (516) 765-1808
REGISTR"R OF VITAL STAnb,ICS
MARRII\CE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM Uf' INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHaLl)
APPLICATION FOR PUBLIC ACCESS TO RECORDS
INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's
Office (agency Freedom of Information Officer). One copy will be returned to you
in response to your'" request~ or as an interim response.
===~~~===~===:~~====¡¡'ï'·~=~==r.ui~æ:=JJwlÏft=;""=(lß==T~='rJF=.f~ ;
SECTION ð ~ ~I f'a..a1..^_. 'Íl *l.UfN(\.6A ~ct-JD~øo(
TO: 1"M- D .cfÞd.. 1lNM.,. '" \I U'Jt'U 1'-' (}JliJ.., P'f\o(. . V
(Department or Officer. if known. that has the information you are requesting.)
RECORD YOU WISH TO INSPECT: (Describe the record sought. I f pos~le, sup Iy
date, file title. tdX map r\umber, and any other pertJnen~ information.) 'c.1\1\f¡
W ftc..wdIJ r'fð\'~J ~ ~I¡<:'~!,- ct: !VI", 1) ~ >
f;w e CIo.ßJ'I.~ 2"'-<. IlL ~ SC1W\ ~IOOO- 03~ 00- 0 1.00-
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P~~fAPPlicant: ~
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Prir\ted Name:
Address:
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Mailing Address (if different from above) :__
Telephone Number: fI'3\- 41).. 4-q 1"( D~·.
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~~~~==~~==:====~=~~~========,==~=========~====~=======~~=-
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[ I APPROVED
[ I APPROVED WITH DELAY·
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GREGORY F. YAKABOSKI
TOWN ATTORNEY
l\lARY C. WILSON
.\SSISTANT TOWN ATTORNEY
e JOSHUA Y. HORTON
Super\.'i.snr
Town Hall, 53095 Route 25
P.O. Box 1I~9
Southold, New York 1I9~1-0959
Telephone 1631 '¡ ';"65-1689
e-maiL
greg.yakaboski,,(! t o\\'n. sou t hold. n y. us
mary. wilsol1l,.J_ town.southold.ny.u5
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
March 26, 2002
Cathy Messiano
Cathy Messiano, Inc,
12 Mill Pond Lane
East Moriches, New York 11940
RE: Ma Tine Inc. request for change of zone (AHD)
Dear Ms. Messiano:
RECEIVED
APR 2 4 2002
Southold Town Clerk
As agent for the Ma Tine Inc. , I am \\Titing to you to request some additional
intormation that is necessary in order to make a full review of the application and to
fulfill the SEQRA requisites.
I. Apparently, the site lies within one mile of an archaeological site (confirmed
by OPRHPj and a Stage 1 Cultural Resource Assessment is required.
2. A letter of non-jurisdiction rrom the TO\\11 Trustees regarding any wetlands.
3, Provide confirmation that there is an available water supply for the project
trom the sew A.
4. Indicate the rates for affordable housing and the mechanism(s) to assure the
homes remain affordable.
Thank you for your attention to the above malters. Please contact our office should you
have any questions regarding this request.
S inccre I. Y.").¡,,, ( Cì. r ,;
~-~r-
,/ I
Mary ~lson
Assistant Town Attorney
cc: Supe\'\ isor Horton and
rcn\ 11 I1c,1arll
~
.
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MEMORANDUM
RECEIVED
TO:
Town Board
APR 2 3 2002
FROM:
Ed Forrester, Code Enforcement
Southold Town Clerk
DATE:
April 23, 2002
RE:
Alleged Land Clearing Violation; Ma-Tine property
I responded to a report of illegal land clearing at the above referenced location. Upon
arrival, I observed a contractors truck, trailer and bulldozer on Town property adjacent
to the subject site. The contractor stated he was clearing a path and area in preparation
for test holes to be excavated for proposed Health Department applications. His access
over Town Land was denied and he removed his equipment.
Land clearing without site plan approval is prohibited under section 100-259 of Town
Code.
§ 100-259
No person shall undertake or carry out land clearing, including grading, clearing, cutting
and filling, excavating or tree removal associated therewith, without first having obtained
site plan approval. Weeding, gardening, mowing and the selective pruning of vegetation
or selective cutting of diseased or dead trees shall not be included herein. Any
landowner found guilty of violating this section shall be fined up to five thousand dollars
($5,000.). Site plan approval shall be withheld until and unless a plant restoration plan
for that site is approved by the Planning Board.
However, Section 1 00-253B does provide for limited clearing for survey work and soil
investigations.
§ 100-253B
No regrading, clearing, tree removal or any other work in preparation of future use of a
site, except limited clearing needed to undertake survey work or soils investigations,
may take place or be permitted to take place until the site plan has been approved by
the Planning Board.
Preliminary site work of this nature has been permitted, provided access is legally
gained.
~
PLANNING BOARD l\IEl\1BERS
BENNETT ORLOWSKI. JR.
Chairman
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. P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone 1631) 765-1938
Fax 163 J'¡ 765-3136
WILLIAl\I J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATI-L\l\I, JR.
RICHARD CAGGL-\NO
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
Memorandum
MAR 2 6 2002
To: Joshua Horton, Supervisor Southord Town Clerk
and Members of the Town Board
From: Valerie Scopaz, AICP, Town Planner (;it
Bennett Orlowski, Jr., Chairman, Planning Board
Re: Ma Tine, Inc.
Located on the North side of CR 48, approximately 265' west of Sound Road,
Greenport, NY
SCTM # 1000-035-1-4
Date: March 25, 2002
Proposal:
This petition is to change the zone of a 5.53 acre parcel from R-40 Residential to AHD -
Affordable Housing Density. It is unclear whether the applicant proposes to construct
ten or thirteen homes because the map, the environmental assessment form and the
application present conflicting information. The discrepancies have been brought to the
attention of the Town Attorney's Office and to the best of our understanding, the
applicant's attorney has been asked to resolve them. However, this information was not
received by this office in time to be included in this report, which, at the Town Board's
request, is being prepared in advance of its March 26, 2002 public hearing.
Requirements:
The purpose of the AHD district, as defined in the Southold Town Zoning Code, is "to
provide the opportunity within certain areas of the town for the development of high·
density housing for families of moderate income." According to the formula set forth in
the Zoning Code in Chapter 100, Article V., the income limits for eligible applicants to
purchase one of these homes ranges from $44,100 for a single person to $83,100 for a
family of eight people. The recommended ceiling on home prices offered within the AHD
district is $168,000. It should be noted that this limit is lower than the maximum sales
price for affordable housing pursuant to Suffolk County's guidelines ($237,500). (Source:
James McMahon, Community Development Director, March 21, 2002)
The provisions of the AHD district, as set forth in Chapter 100, Article V require that the
subject property lie within one fourth of a mile of the boundaries of the incorporated
·
~
Village of Greenport. The intent of the Zoning Code is that higher density housing be
located within or near hamlet centers. This property lies between 1200 and 1300 feet
north of the Village's boundary, less than a quarter of a mile,
The provisions of the AHD district also require that where the subject property is less
than 5 acres in area, the applicant shall agree to reserve at least 40% of the dwelling
units or lots for sale or lease to moderate income families. The applicant proposes to
reserve 70% of the units for moderate income. Further, the applicant offers to
-----restrict the-potential total square footage of the remaining 30
The subject lot is zoned R-40, which would permit the theoretical construction of 4 to 5
dwelling units. If granted, the petition would allow at least a doubling of the allowable
density to 10 lots.
Environmental Issues:
A preliminary review of the materials submitted for this petition indicate that a portion of
the property may contain a freshwater wooded wetland, and if so, this portion would lie
within the jurisdiction of the Board of Trustees. Further, the New York State Office of
Parks, Recreation and Historic Preservation has determined that this site may be
archeologically sensitive. The ability of the Suffolk County Water Authority to service the
proposed project is not known. Nor is the capability of the soils to handle septic systems
as per Suffolk County Department of Health Service standards. The potential impact on
traffic of five to six additional homes over what could be built under the current zoning
normally would not be expected to be significant. However, due to the existing traffic
congestion and hazards found at the nearest intersection, coupled with the unknown
impact of the recently upgraded Shady Lady Restaurant and Hotel on the northeast
corner of SR 25 and Sound Road, this issue requires more information and analysis.
Before an environmental determination is made, referral of this petition to the
Board of Trustees for their input is recommended. Also, a Stage 1 Cultural
Resource Assessment should be conducted by the applicant and a report
submitted to the State and the Town for review. Input of the Suffolk County Water
Authority and the Suffolk County Department of Health Services should be
obtained as part of the coordinated environmental review of this project pursuant
to SEQR. A review of the traffic situation at the intersection of Sound Road and
SR 25 should be undertaken,
Recommendations:
There is insufficient information to render a recommendation. Planning Board will not
comment further on this specific application until the above-noted information is
submitted and reviewed pursuant to SEQR.
Finally, for the past several years, the Planning Board has strongly recommended that
the AHD legislation be revised because it does not adequately address the affordable
housing issue. Therefore, the Planning Board will not recommend changing any
property to this designation until the key deficiencies of the existing legislation are
redressed.
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PUBLIC HEARING
MARCH 26, 2002
5:00 P.M.
ON CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000-035-01-004,
MATINE, INC.. FROM LOW DENSITY RESIDENTIAL TO AFFORDABLE HOUSING DISTRICT
DESIGNATION.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
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Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR HORTON: We at this time will open up the public hearing on changing the zoning
district designation of Suffolk County Tax Map #1000-35-01-004, MaTine, Inc., Low Density
Residential to Affordable Housing District Designation. This is a public hearing. If there are any
concerns of the community members that would like to address the Board.
COUNCILMAN WICKHAM: "NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the
Zoning District designation of SCTM # 1000-035.00-01.00-004.000 from the Low Density Residential
(R-40) to the Affordable Housing District (AHD).
NOTICE IS HEREBY FURTHER GIVEN that pursuant to Section 265 of the Town Law
and requirements of the Code of the Town of South old, Suffolk County, New York, the Town Board of
the Town of Southold wiII hold a PUBLIC HEARING on the Aforesaid LOCAL LAW at the
SOUTHOLD TOWN HALL. 53095 Main Road. South old. New York at 5:00 p.m.. Tuesday,
March 26. 2002. The purpose of the Local Law is to Change the Zoning District Designation of
SCTM # 1000-035.00-01.00-004.000 from the Low Density Residential (R-40) to the Affordable
Housing District Designation. The petitioner for this request is MaTine Inc..
The legal description of the aforesaid property is as follows: All that certain plot, piece or
parcel of land, with the buildings and improvements thereon erected, situate, lying and being near
Greenport, in the Town of South old, County of Suffolk, State of New York and bounded and described
as follows:
Beginning at a point on the northerly line of the North Road which point of beginning is the
southwesterly corner of the premises herein described and the southeasterly corner of lands now or
formerly of Elizabeth T. Albertson and others; running thence northerly along the easterly line of lands
now or fornlerly of Elizabeth T., Albertson and others to the southerly line of lands now or fonnerly of
Dorothy Barstow; thence easterly along the southerly line of lands last mentioned and lands now or
formerly of Herbert Fordham to the westerly line of Sound Road or A venue; thence southerly along the
westerly line of Sound Road to lands now or fornlerly of Whitney; thence westerly and again southerly
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along the aforementioned lands to lands now or formerly of Kszyminski; thence westerly and again
southerly along lands last mentioned to the northerly line of the North Road; thence westerly along the
northerly line of the North Road to the point or place of the BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed by deed dated December 11,
1989 and recorded in the Suffolk county Clerk's Office on April 10, 1990 in Liber 11049 page 59. The
Property is approximately 5.7 acres.
The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE
TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #
1000-035.00-01.00-004.000 FROM THE LOW DENSITY RESIDENTIAL (R-40) TO THE
AFFORDABLE HOUSING DISTRICT (AHD)". Copies of this Local Law are available in the Office
of the Town Clerk to any interested persons during regular business hours. Any persons desiring to be
heard on the proposed amendment should appear, and has the right to appear, at the time and place
above so specified. Any person also has the right to submit written comments to the Southo Id Town
Clerk either prior to the Public Hearing or at the Public Hearing. By order of the Town Board of the
Town of Southold, Southold, New York. Dated: February 26, 2002. Elizabeth A. Neville, Southold
Town Clerk." I have before me several affidavits. An affidavit that the Town Clerk has posted this on
the Town Clerk's Bulletin Board, and in addition I have an affidavit of publication in the Suffolk
Times newspaper including all the legal print. I have some correspondence on this including a
memorandum from the Town Planning Board, which I should read. To Joshua Horton, Supervisor,
Members of the Town Board, from Valerie Scopaz, the Town Planner, and the Chairman of the
Planning Board, Bennett Orlowski regarding this proposal dated March 25th. The petition is to change
the zone of 5.5 acres parcel from R-40 to MID, Affordable Housing. It is unclear whether the
applicant proposes to construct ten or thirteen homes because the map, environmental assessment
form, and application present conflicting infom1ation. These discrepancies have been brought to the
attention of the Town Attorney's Office, and to the best of our understanding the applicant's attorney
has been asked to resolve them. However this inforn1ation has not been received by this office in time
to be included in this report, which at the Town Board's request is being prepared in advance of it's
March 26th, 2002 public hearing. The purpose of the AHD District is defined in the Southold Town
Zoning Code is, quote, to provide the opportunity within certain areas of the town for the development
of high density housing for families of moderate income, end quote. According to the formula set forth
in the Zoning Code the income limits for eligible applicants to purchase one of these homes ranges
from $44,100 for a single person to $83,100 for a family of eight people. The recommended ceiling on
home prices offered within the HD District is $168,000 per unit. It should be noted that this limit is
lower than the maximum sales price for affordable housing pursuant to Suffolk County guidelines,
which is $237,500. The provisions of the AHD District is set forth in the Town Code required that the
subject property lie within 1/4'h of a mile of the boundaries of the incorporated Village of Greenport.
The intent of the Zoning Code is that higher density housing be located within or near the hamlet
centers. This property lies between 1,200 and 1,300 feet north of the Village's boundary, less than a
quarter of mile. The provisions of the HD District also require that where the subject property is less
than five acres in area the applicant shall agree to reserve at least 40% of the dwelling units, or lots for
sale, or leased to moderate-income families. The applicant proposes to reserve 70% of the units for
moderate income. Further the applicant offers to restrict the potential total square footage of the
remaining thirty units. The subject lot is zoned R-40, which would permit the theoretical construction
of four or five dwelling units. If granted the petition would allow at least a doubling of the allowable
density to ten units. Environmental issues, the preliminary review of the material submitted for this
petition indicate that a portion of the property may contain a fresh water wooded wetland, and if so this
portion would lie within the jurisdiction of the Board of Trustees. Further New York State Office of
Parks, Recreation and Historic Preservation has determined this site may be archeological sensitive.
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The ability of the Suffolk County Water Authority to service the proposed project is not known, nor is
the capability of the soils to handle septic systems as per Suffolk County Department of Health
Services. The potential impact on traffic of five to six additional homes over what could be built under
the current zoning normally would not be expected to significant. However, due to the existing traffic
congestion and hazards found at the nearest intersection coupled with the unknown impact of the
recently upgraded Shady Lady Restaurant and Hotel this issue requires more infonnation and analysis.
Before an environmental determination is made referral of this petition to the Board of Trustees for
their input is recommended. Also a stage one cultural resource assessment should be conducted by the
applicant, and a report submitted to the State and Town for review. Input of the Suffolk County Water
Authority and the Suffolk County Department of Health Services should be obtained as part of the
coordinated environmental review of this project pursuant to SEQRA. A review of the traffic situation
at the intersection of Sound Road, and State Road 25 should be undertaken. Recommendations, there is
insufficient information to render a recommendation. The Planning Board will not comment further on
this specific application until the above noted information is submitted and reviewed pursuant to
SEQRA. Finally, for the past several years the Planning Board has strongly recommended the AHD
legislation be revised, because it does not adequately address the affordable housing issue. There for
the Planning Board will not recommend changing any property to this designation until the key
deficiencies of existing legislation are readdressed. I have several other communications regarding this,
which I should read. This is handwritten. I may have a little trouble with it. To the Southold Town
Board, subject zoning change to this particular parcel. As a longtime resident of the corner of Sunset
Lane and Sutton Place I object very strongly to any zoning change that would destroy the tranquility of
this quite residential street. Congestion and occupants of thirteen homes on this small tract of land, 5.7
acres, plus accessory apartments, etc. can lead to nothing but problems for the neighborhood. Traffic
congestion from Peconic Landing, ferry traffic, Shady Lady, Rock Ridge on Moore's Lane North, and
affordable housing project east of San Simeon on Route 48 should be considered. Myself, and area
residents would appreciate a negative vote on the zoning change. Respectively, Kenneth Tyrer.
CATHY MESIANO: This request is for a rezoning approval from the Southold Town Board from Low
Density Residential R-40 District to Affordable Housing AHD District. The subject property is a 5.7-
acre parcel located at 69125 County Road 48, which is the North Road, and Sound Road in Greenport.
The parcel is generally level. There are trees. There are no wetlands associated with this parcel. The
immediate area is a developed residential neighborhood consisting of Y4 to 1/3-acre plots. The density
allowed under the present zoning, R-40, is five conforming lots. The density allowed under the
proposed change of zone results in the creation of twenty-four 10,000 square foot lots. It is the
intention of the developer to limit the yield to ten lots with no less the 15,000 square feet each, and
create a natural buffer approximately 1.7 acres. The proposed buffer is the heavily treed area along the
southerly property line at a depth of approximately 166 feet deep along the North Road, sixty feet
depth along the westerly lot line. The size of the proposed lots generally exceeds that of the lots in the
area. Seven of the lots are to be offered under the provisions of the Town's Affordable Housing
Program. The homes proposed will be seven affordable lots will be a mix of approximately 1,200 to
1,400 square expandable caped styled houses, and ranch style homes. The Cape sryle houses consisting
of two bedrooms, one and a half baths, full basement, one car garage, an unfinished second floor
approximately 600 square feet. You should know that the unfinished second floor provides the
opportunity for additional two bedrooms and one bath which for a young couple starting out. The
ranch style ranging between 1,200 and 1,400 square feet each having three bedrooms, one and a half to
two baths, covered porch, full basement, a one-car garage. The homes will carry price tags of
$168,000. This project involves no public funding. The three remaining lots will be marketed for
traditional style homes with approximately 1,500 square feet, each having three bedrooms, one and a
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half to two baths, covered porch, full basement, and one car garage. The homes will be held in fee
simple ownership. There are no cooperative interests proposed. The subdivision will be created to
Town specifications with dedication of the highway, drainage systems upon completion. I have
provided the Board, as I mentioned, a packet of sample house plans representative of those proposed
low profile ranch and cape style traditional houses. These houses will be of varying designs, but in
keeping with the tone of the neighborhood. The need for affordable housing on North Fork has been
well documented. The site is well situated to meet the criteria set forth in the Zoning Code for the
AHD District, as it is located approximately Y. mile from the boundary of the Village of Greenport.
The area in which the property is located consists of lots containing as little as 5,500 square feet to
22,000 feet. The Town's Master Plan provides for the creation of Affordable Housing Districts. We
believe this project is consistent with the concepts set forth in the AHD criteria in that the opportunity
for the development of high-density housing for families of moderate income will be created. The
proposed project fulfills the stated purpose of Article V of the Zoning Code of the Town of Southold
and will be consistent with the character of the surrounding area. The subject property is located in a
mixed-use area. Although the properties adjacent to the site are zoned R-40, most are non-conforming
undersized lots. Within close proximity are R-80, Limited Business (LB), Affordable Housing (AHD)
District and Residential Office (RO) uses. The subject property is within walking distance to the
Village of Greenport downtown area, houses of worship, and public transportation. The area is
serviced by the Suffolk County Water Authority and LIPA. No public sewer system is available. On-
site septic systems with be designed to conform to Suffolk County Health Department standards,
which call for 20,000 sq. ft. lots in areas serviced by public water. Our proposed yield exceeds the
Health Department standards. It is anticipated that the traffic generated by this project will not
compromise the safety and capacity of the street system in the area. Two of the proposed lots will front
on Sound Road and have direct access. Access to the remainder of the lots will be from Sutton Place to
Sunset Court, the proposed cul-de-sac. Catch basins are proposed at the northerly and southerly ends of
Sunset Court to manage any runoff generated by the improvement of Sunset Court. The highway
improvements will manage the road runoff by these catch basins that will be designed in accordance
with appropriate flows of water based on the Town's criteria. Catch basins will be created in
accordance with that. The runoff that is presently a problem, or which seems to be a problem based on
some of these letters I think is problem that the residents need to discuss with the Town's Highway
Department as road runoff is the responsibility of the Town's Highway Department and not the
responsibility of subsequent developers. I would also like to respond to the PlaIming Board's statement
that they would make no recommendation until the AHD zoning is further clarified. We can only deal
with the rules as they exist today, and I don't think that applicants whether it is before this Board, the
Planning Board, the Trustees, or the ZBA can be held to a standard, which doesn't yet exist, and we
can only deal with the set of rules that exists today. We have applied to this Board based on today's
rules and requirements, and we have made every attempt to address all the issues that are presently out
there. So, I have no further comments, but if you have questions I will be glad to address them.
COUNCILMAN RICHTER: Thank you, ma'am. I have a question. The access off Sutton is that the
Town owned property area?
CATHY ME SIANO: Yes, there are two parcels.
COUNCILMAN RICHTER: I know it very well. I grew up three houses from that area. That was a
sump at one time. I have a scar to prove it right up on this eyebrow where I got hit when I was ten with
a rock out of that sump. I don't know how it is right now. I haven't been by that in awhile, but that is
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an area for drainage. Now, you had just mentioned they will take drywells, and utilize that same
method of drainage in the same area. I know Sunset comes down into that area.
CATHY MESIANO: The drainage plan is outlined on the maps that I have submitted to the Board. I
have more maps if you would like me to provide you with them, but, yes, drywells will be installed to
contain the runoff generated by the improvement of Sunset Court.
SUPERVISOR HORTON: One thing that I have noticed that this zone change has been played with is
misuse of the road names is Sound Road and Sunset Court and Sutton Place.
CATHY MESIANO: Actually Sunset Lane.
SUPERVISOR HORTON: Sunset Lane exactly, just to clarify it. I read off of this. Just to clarify that.
Greenport is getting very sensitive about that.
GARY CHARTERS: Good afternoon. My name is Gary Charters. I live in the hamlet of Greenport
within the Town of Southold, and I am presently the President of the Board of Education of the
Greenport School District. I have a prepared statement. [come before you on behalf of the Greenport
Board of Education to ask for consideration. Recently we have been reading the local newspapers
about proposals to increase housing density on vacant land. The proposal we have read about range
from rezoning 5.7 acres of land on which five houses could be built to double that amount for ten
homes. Although this is a small development several of these changes or the approval of rezoning to
allow fifty-four two family houses would have a devastating impact on our school district. For the past
decade Greenport has had the highest school tax rate on the North Fork, and we have worked hard to
keep it in check by regularly keeping our tax rate increase lower than the inflation rate. In fact, this
year we expect little or no increase in our tax rate. However, if you were to approve any upzoning
changes in the Greenport District which would cause an increase in the student population it would
cause us to expand our facilities to accommodate additional enrollment. This would create a
tremendous burden upon those of us currently residing in the Greenport School District. Although they
would be added assessed evaluation with the development it would be miniscule when compared with
the expense of expanded educational services. We ask that you consider these consequences when you
deliberate on any zone changes in the Greenport School District, which would increase housing density
above current levels. We would also welcome the opportunity to be infornled of any of these proposals
when they are received by the Town, and gladly will provide you feedback after discussing the issues
at a regular Greenport School Board meeting. Your consideration is greatly appreciated, and I thank
you very much.
SUPERVISOR HORTON: Thank you, Gary.
GARY CHARTERS: I will give a copy of this to the Town Clerk, and in attempting to keep our
budget low I only have one copy.
SUPERVISOR HORTON: Any other members of the community like to address the Board? Yes, sir?
MAX DOBLER: My name is Max Dobler. I am at 68835 North Road in Greenport, which is the
property adjoining the land in question right now. I am also a member of a loose cornnlUnity, a group
we are trying to set up called the Sixty-Seven Step Association, which I think the Board knows since
you built a beautiful sixty-seven steps going down to that lower beach area. This particular petition that
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I have was submitted last August. At that time, of course, Councilman Wickham and Supervisor
Horton was not elected and in office at that time. So, I just want to resubmit this petition signed by all
the folks in that community that you see up on that map showing the thoughts and wishes of those
people. If you like, I could read it, if you want me to.
SUPERVISOR HORTON: Actually if you are going to submit it, sir, I have a pretty good idea of what
it is.
MAX DOBLER: This pertains, we are not in favor of downzoning because of exactly the thoughts
that the School Board in Greenport have voiced, and the drainage problem, also the taxes, which our
community is very high in taxes right now, and we certainly would not appreciate a higher tax
increase. So, I would like to offer this to you, and give it deep consideration if you will.
SUPERVISOR HORTON: Thank you. Joan?
JOAN EGAN: Thank you. Hello, everybody. There are a number of things that a developer has not
taken into consideration. Joan Egan of East Marion. I don't think I need the microphone. A very
important factor for the developer to consider is that the Department of Transportation will widen the
road there to make a TWO and TWO on each side. The safety of the children to get all the people who
might reside in that development would be humongous. In addition the safety of those people with
regard to our Police Force, which must be enlarged for many, many reasons. Incidentally, I thought it
used to be the 77 Steps, when I first came out here. No? Am I wrong?
SUPERVISOR HORTON: You are wrong, yes.
JOAN EGAN: I am? Well, that is the first time today. Now, the widening of the roads, now, in
addition you talked, I think I did not hear also about Budget plans for another park in East Marion. The
Town of Southold, as you know, I am sure you saw my comments in the paper in regard to another
park in East Marion where the East Marion/Orient owns that property, but let's stay with this issue. I
think you are creating a horrible, horrible situation and the traffic up there unless you put a sub-police
station up on one of those corners there you are going to be in a lot of trouble. Thank you very much.
Did everybody hear me~
ALEX WIPF: My name is Alex Wipf. I am President of Save Open Spaces Now 2000, and I am here
to speak against the proposed increased density. I would like to make it clear right off the bat that Save
Open Spaces Now is not against providing affordable housing to the people in town who need it. What
we are against is using new housing to provide, in quotes, affordable housing, because it develops open
land, and like everyone else in this town we want to preserve as much open space in farmland as
possible. A much better alternative would be the building of accessory apartments in already
established buildings. There is going be hopefully a story this week in The Suffolk Times. Gwen can
tell you if it is going to be there or not, about an organization, a non-profit organization, called
Community Housing Innovations. This is a non-profit organization that is seeking takers for $10,000,
$20,000 grants to build accessory apartments in already established housing at affordable rates, and for
a period of ten years. We object for a further reason. The past developments that have been built as
affordable housing, new developments, don't always end up affordable. As a matter of fact they
usually don't end up affordable. The first part of this process is your approvals, this very approval that
is being sought by the developer at this point, and I don't know this developer. I am really speaking
about past affordable housing developments. The way as I understand it, it works is the community
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housing development Director Jim McMahon comes forward to you and says, I can get $50,000 in
grants that will reduce the cost of this house to such and such a level, and it seems pretty good.
Unfortunately that money isn't always produced. I think one of the things that the Town Board has got
to investigate before it grants any of the affordable housing requests for increased density is how many
of those grants actually came through?
COUNCILMAN ROMANELLI: Every one of them.
ALEX WIPF: $50,000~
COUNCILMAN ROMANELLI: Everyone that applied for grants in the last at least two affordable
housing projects, applied for grants, was eligible for grants, got the money for the grants.
ALEX WIPF: How much were the grants?
JIM MCMAHON: $30,000.
ALEX WIPF: $30,000 grants. All of them were gotten. The $50,000 grant will come through on this
as well?
JIM MCMAHON: This particular application does not request any assistance in grant money.
ALEX WIPF: So, there are no grants in this housing development at all? Then I have been
misinformed about this. I think the important point to make is that if grant monies are applied for, and
they don't come through then it adds to the cost of the house. In addition there are other things to be
considered. The asking price for an affordable house is before add-ons are added. It is not uncommon
for developers to add, to say if you want particularly windows, if you want particular accessories, it is
going to increase the cost of the house. I think that is something that also has to be investigated. How
many houses have been sought at the asked for price, or have there been a number of add-ons~ These
add-ons, the grants that mayor may not come in, and my understanding is that they all didn't come in,
but I take you at your word, Jim. Add the cost of the house, and what happens is it pops it out of the
rate of people who are seeking affordable housing. Also, the cost of the housing themselves really fits
into, not the lowest level of affordable housing, which is where CHI would come in. It fits into that
group of people that are right on the edge, and if any increase in cost pops them out of it. I think that
we have to check very carefully before you grant this density increase. I have nothing else to say other
than I believe you would have to examine the past record of affordable housing projects to see who is
actually in those projects, to see if in fact there were people who were qualified for affordable housing.
CHI is a much better alternative, and I hope in fact you will consider developing in already established
housing, and to see if it works before you grant any density increases and build new housing in open
space. Thank you.
MELANIE NORDEN: Many of those of us who live in this neighborhood have been very concerned
about the SEQRA Review process. Melanie Norden on McCann Lane, Greenport. Many of us who live
in this neighborhood have been concerned about the SEQRA Review process, and the County Planning
Commission, and also, the Southold Planning Board, and how the economic, social, enviromnental
factors, and all those things that are to be considered by the Town Board as the lead agency will in fact
be considered. The Planning Board has read a report this evening, but though this application has been
before the town since last July there still isn't enough information for the Planning Board to conduct a
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theory review. That is significant to many of us because the Planning Board's not conducting a review,
in fact, changes the complexion of the Town Board's vote. In addition, the County Planning
Commission not conducting a review changes the complexion of the Town Board vote as well. So, I
would like to actually ask the Town Attorney if he could comment a little bit on what the SEQRA
Review process is, and how it should unfold, because in point of fact this should all have happened
presumably by the time that the application has come to this point.
TOWN ATTORNEY Y AKABOSK1: A couple of things, Melanie. Number one, I believe the Board is
going to be keeping this hearing open pending a completion of the SEQRA process. That is point
number one. So, there will be no vote this evening.
MELANIE NORDEN: I understand that but isn't the SEQRA process, and it's components supposed
to be basically completed by the time the public hearing takes place?
TOWN ATTORNEY Y AKABOSK1: You can go either way on that.
MELANIE NORDEN: Not according to what I have read.
TOWN ATTORNEY YAKABOSK1: What is happening is the SEQRA process being completed
additional information was requested by the environmental folks that did the report, and a letter has
gone out to the applicants saying we need the additional information. What is going to happen is once
the additional infornlation is completed, and the Board will have to render a SEQRA Determination.
The SEQRA Determination will then be forwarded as lead agency the SEQRA Determination will then
be forwarded to both the Town Planning Board, and the Suffolk County Planning Commission.
MELANæ NORDEN: But, why was this not done before this came to a public hearing~
TOWN ATTORNEY Y AKABOSK1: As I said, you can do it different ways. See what is going to
happen the important point about that, Melanie, is that this Board and the other Boards, excuse me this
is one rendering the decision, will not be making a decision prior to SEQRA being completed. One of
the important factors of SEQRA, and I think is an opportunity like this, the community to give input.
For example, the sump question, which was back and forth a few moments ago, that is one of the
benefits of having the folks in the community come forward at a public hearing like this to render that
kind of information to help fill out the Board's knowledge, so that when the other Town Planning
Board, the Suffolk County Planning Commission, give their advisory opinions they have a full and
complete picture.
MELANIE NORDEN: I disagree. Actually the Planning Board in point of fact if it were to have done
its job as stated in the Town Code it would have analyzed all of these factors, and all of these
engineering factors. The sump question has been brought up here repeatedly for months. The very fact
that the Planning Board has not been able to address this yet, and needs information from laypeople
about a serious engineering issue on property owned by the Town I think is a specious argument. In
point of fact all of this information has been given at these meetings for months, and we have written
letters repeatedly about this, and it seems that there is something that is very backward in a process,
which now says we are at a public hearing, but we don't have all the infonnation. There has been
errors in the application. The application, by the way, calls for thirteen lots and not for ten lots, so we
are even getting a presentation tonight that is different from the actual application that is before the
town, and now we are told that we are at a public hearing, but we don't have any of the infornlation
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that we kind of needed to have in order to analyze and really have the Town Board perform it's rule as
lead agency. That information should have actually been here by tonight so that we could, as
community people, rely on the expertise of the Planning Board and the County Planning Commission,
and make sure that we know that our Town Board has that infornlation.
TOWN ATTORNEY YAKABOSKI: You are still going to get all that. You are going to get all that
information. You are going to get all that. We are not closing the hearing.
MELANIE NORDEN: I understand that, but I think that in point of fact that information should have
been here prior to the public hearing, and it indicates I think both in the Town Code, and in the
SEQRA guidelines that information should be conducted and should be available. We have a lot of
economic, social, environmental factors, and we have no information tonight that is speaking to those,
and we have a Planning Board that hasn't rendered a review. They have only rendered a report, and
they basically said we can't make a decision yet. The serious part about that is that, that may in fact
change the vote.
SUPERVISOR HORTON: Thank you. Are there any other comrnents on this particular public
hearing?
DOUG COOPER: Doug Cooper from Mattituck, ladies and gentlemen. In the time that the town is
now facing density issue as to how much we wish to grow, and preserving farmland and open space I
strongly support high density around the hamlets and in the hamlets. However I don't believe this
should be given away for free. I think the Town needs some kind of a TDR Program or at least the
owners buy some development rights or other fannland or open space, and extinguish them in the
increase in density. I think that is vital for this town and the community as we go towards the future.
Thank you.
JIM DINIZIO: Jim Dinizio, 39 Sound Road. I live just about five houses away from this development.
I have to agree with Melanie 100%, and I think what she is saying that you are unprepared for this
meeting. I think that the Planning Board basically stated that, too, that they cannot make a decision
because they don't have enough information, and to rely on laypeople, as Melanie said, is not the
proper procedure. We are relying on you, and you should rely on your experts. That is what we pay
them for out of our taxes. If the Suffolk County Plmming and the Planning Board itself can not look at
an application after the many applications that they have looked at and make an intelligent decision.
That application was not complete. Okay? And that to my mind falls in one direction, the person that is
supposed to give you these resolutions complete. So, I ask you that you not hold this hearing open, that
you close it right now, or after everybody has commented, and you make a resolution voting it down
right now. If they want to come back with an application that is complete, then let them come back
with an application that is complete that we all sit around on our 67 Steps Association meetings,
discuss intelligently as opposed to being held in the dark whether on purpose or not. We are still in the
dark as to how things are going to go there. I have many questions myself. I was depending on the
Planning Board to answer them. They have not. So, I ask you to make a resolution tonight, and vote
no. Thank you.
SUPERVISOR HORTON: Any other comments rrom the floor?
GWEN SCHROEDER: Hi, Gwen Schroeder, North Fork Environmental Council, and I want to
second Doug Cooper's comments. That time when the Town is looking at ways to control density and
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population to give away a downzoning, quote, unquote, without quid pro quo I think is a mistake, and
we believe that affordable housing there is a real need for affordable housing in the town, but the Town
needs a plan in place before they agree to any downzone. So, we would ask that you deny this request.
Thanks. Ijust have some comments for Betty.
ELIZABETH MORRISON: My name is Elizabeth Morrison. I have been a resident of Greenport all
my life. I moved away for five years after high school to serve in the military, and when I moved back
the prices of the houses were completed inflated. There is nothing left for people in our price range.
We actually have a mortgage qualified for. We just can't use it because we can't afford anything out
here, and if you take a look around you people with unlimited resources are building on the vacant lots
anyway. So, I am confident they are going to control what they build. It is not going to be ridiculous
and I am sure they are going to do their jobs, but I really think we need this out here. You know, my
husband and I are very hard working and I know lots of people who are living with their parents
waiting for something to come along when it is just not. This is their only hope. This is the only way
we will be able to stay in Greenport, and we would really like to. We love Greenport. That is why we
moved back. So, please, think about that. Thank you.
SUPERVISOR HORTON: Are there any other comments from the floor in regard to this public
hearing?
RON PASCALE: My name is Ron Pascale over on 29 Sound Road. I would like to thank the Town
Attorney's Office for doing his due diligence in investigating the original application when they put it
in on the property on the south side of the North Road. I got a letter in July, and then they turned
around, and I got another letter in August completely reversing it. It seems like a developer didn't
know where they wanted to put this project. I was born in Greenport 63 years ago, love the area. It
seems the mantra of the whole Southold Town this preservation. We are taking an area of 5.7 acres,
and dividing it to ten to thirteen lots, which is 350% less land for a particular house. It doesn't make
sense. There was talk a few months ago, and a year ago, about increasing the lot size to five acres. That
is preservation. Now, you are dividing it down to 350%. You are putting ten to thirteen houses on a
small area. You can put four houses on that area. In my mother's back yard ten feet from her bedroom
window is a buffer zone. You have a buffer zone on the North Road of sixty feet. On the houses that
are along Sound Road you have a buffer of fifteen feet. It is crazy. You have a piece of property here
that is rich in wildlife. You are going to destroy it by putting ten to fifteen lots on it. I hunted on Mr.
Wickham's property when I was a kid. We went to high school together. Thank God, Southold Town
has been doing a job of preservation. Everybody is for affordable housing, but not destroying this piece
of property. Put your two houses on there. If you went to the five acre that you are trying to propose a
year or so ago. That is 800% less land that you would utilize. It doesn't make sense. Preservation is the
mantra of Southold Town. It is the last festoon of a natural resource. Don't throw it away. Thank you
very rnuch.
PRISCILLA HORAN: My name is Priscilla Horan. I live at 35 Sunset Lane. I wrote a letter. and I
would like to just take parts of it, and let people understand something. We are not against affordable
homes, and I feel for that young couple. I have tive grown children, so I know what it is like for
children to find homes, but they have to look at the whole picture of the area. We have Peconic
Landing opening up with 200 and some odd people moving in, plus employees, plus we are going to
need fire, we going to need police in that area. We have the Shady Lady opening. We have the
development that is east of San Simeon. It is 54 2-family homes. It is just too much in one area. Maybe
if Peconic Landing wasn't there. Maybe if that 54 2-family home thing wasn't on the books, then
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maybe we could look at having affordable homes in that area. It is a wonderful neighborhood. I am so
thankìùl we moved in there. The people are great. We met each other. We have gone to a lot of
meetings, and we have really held together, but with all the projects that are going on in that one area it
is just too much. The circle is horrendous during the summertime with just ferry traffic. We have
Summit Estates up in East Marion. They have got 34, 35 homes going in there, so you look at this one
area that we live in, all of these projects going on. It is too much, just too much. As I say, if the other
partial development was not going in I could see it, but not ten, thirteen homes. Put five in there. It will
be beautiful. All our wildlife !Tom Peconic Landing has moved down into our area. Where do they go
after that? Red foxes are in the neighborhood. We have got deer in the neighborhood. It is wonderful.
We have the Audubon Society not too far !Tom us. There is a migratory area for birds. I have two
pages of birds that do visit the area. Look at the different projects around us. Weare not against the
affordable homes, but not in this area. There is too many things going on, and it is just going to
explode. That is all I have to say. Thank you.
COUNCILMAN RICHTER: Ms. Horan? I would just like to add to what you made a statement about
Peconic Landing having 200 people moving in there. That is an error. There is going to be 200 full
time employees, probably 800 people moving in there. So, you are talking about 1,000 people in that
area.
BETTY SŒBAN: Betty Sieban, 925 McCann Lane in Greenport. Just to expand on Mrs. Horan's
statement. I am very much in favor of affordable housing, and for young people. I am sorry I don't
remember this gentleman's name, but this was brought up many times before. I think that is a very
good answer to the problem expanding on the housing that we already have. Also, to expand on the
overuse of the area as far as the traffic goes. I don't know if the people here tonight know but Rock
Cove Estates, which will lie between McCann Lane, and Green Hill is about to begin construction as
of April 2002. 1 understand that McCann Lane will become the entranceway for this development, and
that, again, you are going to have construction on Sutton. Now you are going to have the trucks
coming down McCann. It is really putting a terrible burden on this area of residence. I think that
everything should be considered as far as the burden. McCann is the direct access to this Rock Cove.
That project had been discussed over and over again here, and eventually I guess it got passed. Now,
they are about to start it. It just seems like people are really not considering the citizens and we are
kind of a problem. Weare going to have this spring and this summer our children, our roads, the noise,
it is going to be a terrible thing. We would like the Board to also consider splitting the burden with
Green Hill. I want to give Josh a letter in reference to that. I don't really know what the answer is. I
wish we had some clout with the County that we could get these developments to egress onto 48, and
not thrown into all our developments, and that would solve a large part of the problem. Thank you.
SUPERVISOR HORTON: Are there any other comments from the floor in regard to this public
hearing?
MARIEL DOBLER: Ijust have a question. Will there have to be another public meeting before this is
passed if you don't vote on it tonight?
SUPERVISOR HORTON: This is a public hearing. The public hearing will be left open. There will be
no vote on this, this evening.
MARIEL DOBLER: Before you vote, though, will there be another public hearing?
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JUSTICE EVANS: It is being left open. That gives you the opportunity to speak to it again.
MARlEL DOBLER: My name is Mariel Dobler, 68835 North Road.
SUPERVISOR HORTON: Any other comments from the floor~
ALEX WIPF: Just one question. In the section on affordable housing that the Town has written you
mentioned that there should be, or they have chosen to use, that there should be a sewer system and a
water supply to affordable housing, but in their petition MaTine has mentioned it is going to be
cesspools. How do we go about this? You have to also allow the cesspools to be put into these ten
units, or thirteen?
COUNCILMAN ROMANELLI: The Health Department would regulate.
ALEX WIPF: Yet the section for affordable housing of Southold Town states that there should be
sewers and water.
COUNCILMAN ROMANELLI: I don't believe it states that it needs to be, or should be.
JIM MCMAHON: Jim McMahon, Town of Southold. In the Code if you are going down to half-acre
density you are required by Health Department and our Town Code to have half-acre density. If you
going down to less than that or quarter-acre density Suffolk County Health Department requires that
you hook up both to public water and public sewer, and we don't any projects currently that are
hooked up to sewer because the density is half-acre density.
EDNA QUATROCHE: My name is Edna Quatroche. I live on Sutton and Sunset Lane. I believe that
the lady mentioned something about the criteria about walking distance to the village. I defy anybody
to be able to get out and over the Route 48 nine months of the year. So, if that development should go
through and there should be children unless we get a traffic light where there have already been
fatalities up there, there is not such thing as walking to the village. We have to get in our car, and it is
not too sure we are going to be able to make it. So, that is the only comment I have make about the
walking distance. We don't walk around here. We ride.
JOAN EGAN: Talking about riding, when are we going to get some buses to pick us up whether we
are senior citizens or not, so we can ride on our money, tax money. When is that going to happen?
Should I hold my breath, or as my grandmother would say, put my hand on my rear end until I do that I
would have an everlasting patch. Let's see that we get the buses running. Thank you.
SUPERVISOR HORTON: Any other comments on this public hearing?
JOE MCCARTHY: Good evening. My name is Joe McCarthy, and I am a life-long Southold resident,
and I own Eastern Breezes Real Estate in Southold. For the record I was the broker of record on this
piece as many of you know. I have been on the Affordable Housing Committee, previous Supervisor
Cochran's Affordable Housing Committee, and we worked on that for approximately two years trying
to come up with different avenues to solve the problem of affordable housing. This is one of the sites
that we picked. Obviously it is becoming very problematic. I am not here to say it should be or
shouldn't be done. What I would say is, that the people here, and other people in this town would give
as much energy to trying to solve the affordable housing issue in Southold Town we would have it
,
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licked. I respect them. I respect everybody's right to voice their opinion, but as a real estate broker in
this town every single day I get calls from people who are looking for affordable housing. Do you
know what I have to tell them? I don't have anything under $300,000 that I can show you. That is the
fact of the matter. The fact of the matter is it is going up. Mayor Kapell is here. He knows what is
happening with real estate values in Greenport. Newsday had an article recently where they are 50% in
the last year. Southold Town 38% in the last year. Twenty, twenty-five percent, everybody is
benefiting from that. We don't have the answer yet, but we need to get together and find it, and
Supervisor Horton I know that you said you have some issues, and answers as far as the affordable
housing process goes for apartments, etc. I don't think apartments are the only issue here to be
addressed. I think we need additional building. This might or might not be the site as I said, but we
have to get together and we have to come up with some answers. The longer we wait the more the
window is shrinking. Property values are going sky high in this town. They are going to continue to go
sky high. Available land sites are going to continue to disappear. They are going to be bought, and they
are going to be developed, and then the window of opportunity for the builders, who are willing to
build $168,000 houses is going to just vanish. It is not going to happen. It is not going to be here. They
are out making money on all kinds of other bigger projects. They don't have to do it for $168,000.
Anybody that says $168,000 is not an affordable. I got news for you. That is very affordable, but I
would ask anybody that has any issues, constructive, or otherwise, or suggestions, to get to Supervisor
Horton with this. Let's get a committee going, and try to find some answers here for the problem.
Thank you.
SUPERVISOR HORTON: Any there any other comments from the floor in regard to this public
hearing~ Anybody that hasn't addressed the Town Board? Alex~
ALEX WIPF: Just one final comment in reference to building new. The non-profit organization I
mentioned, Community Housing Initiative has actually gone out and bought houses that are not in
great shape refurbished them and then sold them back to the public, and I think that would probably be
something that would be appropriate. Was it you who spoke? Who spoke up, the young couple,
somebody in the back? I am sorry. Please, try to explore this avenue. I don't think we necessarily have
to build new. We have an enormous amount of older housing stock that can be refurbished. There is a
business here, and it is just being ignored. I have gotten calls from builders. Dave McGahan called me,
and he said, that was how he was making his money. He builds new houses as well, but he takes older
houses and refurbishes them. The septic systems are in. The water is there. It is a wasted resource
unless we seriously consider how we can rebuild older housing. As a matter of fact Pat Acampora said
to me, it is exactly what should be done all over the island. There are housing developments that have
gotten old that could be refurbished. This incessant need to build new is something that has to be
resisted at the Town Board level. I hope that you will listen to Tom Wickham when his Blue Ribbon
Commission, and whatever he comes up with in terms with what needs to be built and what doesn't.
Thank you.
BOB GHOSIO: I am Bob Ghosio. I live on Sunset Land in Greenport, and in deference to Mr.
McCarthy's comments while I agree with some of what he said I think that the idea of affordable
housing at $168,000 is truly a misnomer. It may be affordable in relationship to the other property
values in our town, but it is not affordable to the medium incomes. I think that is where the criteria
need to be defined. In relation to this particular project I have to say that ten houses at $168,000, or
actually seven house at $168,000, and three at current market value versus only two or three at current
market value. It shows me that what the developer is looking to do is maximize profits. By
,
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downzoning maximizes his profits leaving it the way it is. If the Board chooses to do that I would be
willing to lay odds now that there won't be any houses built. That is it. Thank you.
SUPERVISOR HORTON: Any other comments from this public hearing0 (Tape change)
CATHY MESIANO: This project is not subject to the approval of any grants from any public
agencies. We are not putting forth any hypothetical scenarios that may happen upon which we expect
one to make a decision. My first point. On the point of affordable housing, whether we are speaking
about this project, or any other project within the Town of South old I think that there is a responsibility
to address the needs of people like the young lady that spoke earlier, and sorry I don't have her name. I
have appeared before this Board and the other Boards in this town a number of times, and many of the
responses that we get are very similar to this. We think this is a wonderful idea, but we think you
should do it someplace else, and we think that affordable housing and rentals and subdivisions are all
wonderful ideas, but you should do it somewhere else. This is your backyard, and that statement really
has to be thought about. Who is going to be members of your volunteer fire departments, your
volunteer ambulances? Who is going to be teaching in the public schools? Who is going to be the civil
servants that work in Town Hall, especially when residences requirements are imposed on those civil
servants. The pay scale on the civil service level is not one that would afford people a very luxurious
life style. Everybody needs to be somewhere. We are not suggesting anything that conjure up the
image of subsidize Section 8 housing, where you have someone call for more police presence. I really
think that people need to step back, and look at what is affordable, re-align what your priorities are,
and my last point is that we have a set criteria rules that exist today, and this application was submitted
on today's set of rules and criteria. I think it would be inappropriate for this Board to say, well, we
want to change our mind, and we will think about your application six, eight, ten months down the line
when we decide what we really want to do. We have a set of rules and criteria and I think we have
made a good attempt at demonstrating that we are in compliance with the intent of those rules, and this
is at least a project that should be thought about. We could go in there, and develop it tomorrow with
four houses, and we could do it much more profitably than we could at the present ten lot yield, but for
reasons that don't need to be discussed the developer has decided to give this opportunity, give this
project a shot, and see how it flies. The Town stands to gain by it.
SUPERVISOR HORTON: If there are no comments I won't entertain any rebuttals. We have gone
back and forth. People are here to state specific information in regard to how they feel about this
proposal. If it is not a rebuttal, Jim.
JIM DINIZIO: No, it is not a rebuttal. The very reason that you folks entertained the Affordable
Housing Committee was that you were going to split these up into small developments, so that you
wouldn't impact the school district. Okay? That was one of the statements made concerning this. Now,
I am going to tell you, Mayor Kapell has done a marvelous job with affordable housing within the
Village of Greenport. Guess what? I have no control over that. Okay0 Because I don't live within the
Village of Greenport. I have control over what you folks do, and I ask you to consider that. Consider
when you look at a density map of Southold Town how dark it is around Greenport. It is blue, because
of the amount of density that is within the area. It is not blue anywhere else in this town. Now, maybe
it is not in my backyard. I don't know. I don't think it is. For me it is not. For me it is taxes. It has
always been taxes. It has always been my school district, most of the time when I stand up here, and
that is what it is about today. Which is if you increase the density you increase the amount of children
in our school, and yes, we are looking for fireman constantly. We are looking for policeman. We are
looking for people to do maintenance, but 1 can tell you I can't think of a fireman that is in my
, .
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15
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department that can afford a house for $180,000 some odd thousand dollars that works at a job for that.
I don't know if there are any in all honesty. I don't believe I could. Now, that was your statement. That
was what Mr. McCarthy's committee. That was what it was all about. Spread it out, so that you don't
burden the school districts. I have got to point it out to you that is what this meeting is all about. Our
schoo! district has enough density right now. We are not saying don't put it in our backyard. We have
enough, and we have done enough in this town for affordable housing thanks to Mayor Kapell, and I
would ask you to consider that strongly when you consider this application. Thank you.
SUPERVISOR HORTON: I move trom this public hearing leaving it open.
*
*
*
éì~~~~ZfOY1#u/L.
Elizabeth A. Nev~IT~
Southold Town Clerk
,
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A MESSAGE FOR: í3~
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PHONE ______ D URGENT
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4/28/02
9: 40 am
called Catherine Mesiano and informed her of the change of address
/¡e~
4 .
MaTine, Inc.
Sunset Court
Change of Zone Application
~.
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¡, !.j, , t
TOWN BOARD
TOWN OF SOUTH OLD
~o"'~old Town (' :'r~
In The Matter of the Application
of
MaTine. Inc.
COUNTY OF SUFFOLK)
SS:
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
I, Catherine Mesiano, residing at 12 Mill Pond Lane. East Moriches, NY being duly sworn,
depose and say:
That on the 18th day of March, 2002, I personally posted the property known as
SUNSET COURT. SCTM # 1000-35-1-4
by placing NOTICE OF PUBLIC HEARING official posters where they can easily be seen, and
that I have checked to be sure the poster has remained in place for eight days prior to the date
of the Public hearing. Date of hearing noted thereon to be held March 26th, 2002,
Dated:
Sworn to before me this ~y of'11'7t~~ 2002,
/
(
CAMILLE LUCI'.i'·:I\;¡
Notary Public, State 0' N8':¡ \'û'"
No. 4910722
~1~.Ii~~~..~'\~l~f O~:~~~fJunty ,\ úŠ
l",' .--,,,,-,. 1\ 1 \ l.i
. .
MaTine, lnc.
Sunset Court
Chal\ge of Zone Application
~
SCTM #:
1000-35-1-2
1000-35-1-3
1000-35-1-4
1000-35-1-5
1000-35- Hì
1000-35-1-7
1000-35-1-14
1000-35-1-15
1000-35-1-16
1000-35-1-17
1000-35-1-18
1ooO-34-1-ß
1000-34-1-7
1000-33-5-ß
1000-33-5-
1000-33-5-15
1000-33-5-7
1000-35-1-1
.
PROOF OF MAILING OF NOTICE
NAME:
Marion Saccone
Ronald Pascale
Catherine E. Tasker
Charles V. & W.F. Raynor
Antonis & Ellen Natsoulis
Sophie Raynor
Francis & Jean Bubb
Scott Mcintire & Lori Hollander
William S. Sinclair III & Jennifer L. Sinclair
Lynne Carlson
William J. & Evelyn M. Heins Trustees
Frances Ferguson
William Heaney
Andreas Lios & wf
8George E. Cottral
Max G. & Mariel Dobler
Town of Southold
Town of Southold
STATE OF NEW YORK
COUNTY OF SUFFOLK
ADDRESS:
9 Sutton Place Greenport. NY 11944
79 Bar Beach Rd Port Washington. NY 11050
3509 Brandon Way Missoula, MT 59803
17 Sound Road Greenport,NY 11944
15 Sound Road Greenport, NY 11944
17 Sound Road Greenport, NY 11944
2064 Alamanda Dr. #25 Naples, FI 34102
22 Sound Road Greenport, NY 11944
20 Sound Road Greenport, NY 11944
18 Sound Road Greenport, NY 11944
P.O. Box 232 Orient, NY 11957
66230 North Rd Box 589 Greenport, NY 11944
2426 N.E. 14'h SI.#80 Ocala, FI 34470
992 Ailie Road N. Massapequa. NY 11758
315 Sutton Place Box 15 Greenport, NY 11944
456 Seagate Drive Newport, NC 28570
53095 Main Road Southold, NY 11971
53095 Main Road Southold, NY 11971
CATHERINE MESlANO, residing at 12 Mill Pond Lane, East Moriches, NY being duly sworn,
deposes and says that on the 18th day of March, 2002, deponent mailed a true copy of the
NOTICE OF PUBLIC HEARING, directed to each of the above named persons at the addresses
set opposite their respective names; that the addresses set opposite the names of said persons
are the address of said persons as shown on the current assessment roll of the Town of
Southold; that said Notices were mailed at the Unites States Post Office at Center Moriches,
NY, that said Notices were mailed to each of said persons by certified mail.
/1,' #/
/ ~- [c'"t' ¿,' /Æd~~~
C THERINE MESIANO
. '-I*: ( Æ-v'J L /
s~~rn to before me this;? /¡, day of ~ 1/ ILV¡, C. '02.
, ) .
/
c---{'--Cv~
ublic
CAMILLE LUCARINI
Notary Pub,ic, Stale of New Ycrk
No. ,~'~,1 ~1722
Quahfil::d;d '-.-'t_.';JJI< County
Con-,rn;2c'Gn ""pires \ I I' ú'! c c:;
·
~
.
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LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN Ihat the Tu.vn Board of the Town of South old
has received a petition 10 amend Ihe Zoning M<lp of the Town of Southold by changing
the Zoning District designation ofSCT1\[ # 1000-W5.00-01.00-004.000 from the Lo\\
Density Residential (R-40) to the Affordable Housing District (AHD).
NOTICE IS HEREBY FURTHER GIVE,:'\[ lhat pursuant to Section 265 of the
Town Law and requirements of the Code of the Tü\'.'n of South old, Suffolk County, New
York, the Town Board of the Town of South old will hold a PUBLIC HEARING on the
Aforesaid LOCAL LAW at the SOUTIIOLD TOWN HALL, 53095 Main Road,
Southold, New York at 5:00 p.m., Tuesdav, March 26, 2002. The purpose of the Local
Law is to Change the Zoning District Designation afSCTJ\-[ # 1000-035.00-01.00-
004.000 from the Low Density Residenlial (R-40) to the Affordable Housing Districl
Designation. The peti~ioner for this request is Mal'he Inc..
The legal description of the aforesaid proper~y is as follows: All that certain plot,
piece or parcel ofland, \'.-ith the buildings and imprc vements thereon erected, siwale,
lying and being near Greenport. in the Town of SOl~ hold, County of Suftülk. Slate of
New York and bounded and described as fol:ows:
Begitming at a point on the northerly line 0;' the North Road which point of
beginning is the southwesterly comer oflhe prernist.s herein described and the
southeasterly corner oflands now or formerly of El;,wbeth T. Albertson and others;
nnming thence northerly along the easterly line of li.nds now or faffilerly of Elizabeth T.,
Albertson and others to the southerly line of lands Ih)W or fonnerIy of Dorothy Barstow;
thence easterly along the southerly line of lands last mentioned and lands now or
formerly of Herbert Fordham to the westerly line oi Sound Road or Avenue; thence
southerly along the westerly line ofSoLl11d Road 10 bnds now or fornlerly of Whitney;
thence westerly and again southerly along the aforementioned lands to lands now or
fOffilerIy ofKszyminski; thence westerly and again southerly along lands last mentioned
to the northerly line of the North Road; thence wesI'~rly along the northerly line of the
NOl1h Road to the point or place of the fJEGINNIN.1.
BEING AND INTENDED TO BE the same orcmises conveyed by deed daled
December II, 1989 and recordetl in the Suftàlk COlh)ty Clerk's Office on April 10, ¡ 990
in Liber 11049 page 59. The Property is approximaHy 5.7 acres.
The Local Law is entitled, "A LOCAL LA'·" TO AMEND THE ZONING J\IAP
OF THE TOWN OF SOUTHOLD BY CHANGINC THE ZONING DISTRICT
~
.
DESIGNATION OF SCTM # 1000-035.00-01.00-0('+.000 FROM THE LOW DENSITY
RESIDENTIAL (R-40) TO THE AFFORDABLE HOUSING DISTRICT (AHD)".
Copies of this Local Law are available in the Office (fthe Town Clerk to any interested
persons during regular business hours.
Any persons desiring to be heard on the proposed amendment should appear, and
has the right to appear, at the time and place above so specified. Any person also has the
right to submit written comments to the Southold Tovm Clerk either prior to the Public
Hearing or at the Public Hearing.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
SOUTHOLD, NEW YORK.
Dated: February 26, 2002 Elizabeth A. Neville
Southold Town Clerk
.
.
MA TINE INC.
This request is for a rezoning approval from the Southold Town Board from Low
Density Residential (R-40) District To Affordable Housing (AHD) District. The
subject property is a 5.7-acre (241,139 sq.ft.) parcel located at 69125 C.R. 48
(North Road) and Sound Road ,Greenport. The parcel is generally level and
heavily treed. There are no wetlands associated with this parcel. The immediate
area is a developed residential neighborhood consisting of Yo acre to 1/3 acre
lots.
The density allowed under the present zoning, R-40, is 5 conforming lots. The
density allowed under the proposed change of zone would result in the creation
of twenty-four 10,000 square foot lots. It is the intention of the developer to limit
the yield to 10 lots of no less than 15,000 square feet each and create a natural
buffer of 1.7 acres. The proposed buffer is the heavily treed area along the
southerly property line at a depth of :!:,166' deep along the North Road and 60' in
depth along the westerly lot line. The size of the proposed lots generally
exceeds that of the lots in the area.
Seven of the lots are to be offered under the provision'3 of the Town of Southold
Affordable Housing Program. The homes proposed for the 7 "affordable" lots will
be a mix of :!:,1200-1400 square-foot expandable cape style houses and ranch
style homes. The cape style consisting of 2 bedrooms, 1 % bathrooms, full
basement, one car garage and unfinished second floor of :!:, 600 square feet.
(The unfinished second floor provides the opportunity for an additional 2
bedrooms and one bathroom), and the ranch style ranging between :!:,1200-1400
square feet, each having 3 bedrooms, 1/12 baths, covered porch, full basement
and one car garage. The affordable homes will carry a price tag of $168.000.
The project involves no public funding.
.
.
The three remaining lots will be marketed with traditional style homes .:t1500
square feet, each having 3 bedrooms, 1/12-2 baths, covered porch, full
basement and one car garage.
The homes will be held in fee simple ownership. There are no cooperative
interests proposed. The subdivision will be created to Town specifications with
dedication of the highway and drainage systems upon completion.
I have provided the Board with a packet of sample house plans representative of
those proposed, low profile ranch and cape style traditional homes. The houses
will all be of varying designs, but in keeping with the tone of the neighborhood.
The need for affordable housing on the North Fork has been well documented.
The site is well situated to meet the criteria set forth in the Zoning Code for the
AHD District, as it is located approximately Yo mile from the boundary of the
Village of Greenport. The area in which the property is located consists of lots
containing as little as 5500 square feet to 22,000 square feet.
The Town's Master Plan provides for the creation of Affordable Housing Districts.
We believe this project is consistent with the concepts set forth in the AHD
criteria in that the opportunity for the development of high-density housing for
families of moderate income will be created. The proposed project fulfills the
stated purpose of Article V of the Zoning Code of the Town of Southold and will
be consistent with the character of the surrounding area.
The subject property is located in a mixed-use area. Although the properties
adjacent to the site are zoned R-40, most are non-conforming undersized lots.
Within close proximity are R-80, Limited Business (LB), Affordable Housing
(AHD) District and Residential Office (RO) uses. The subject property is within
walking distance to the Village of Greenport downtown area, houses of worship,
and public transportation.
.
.
The area is serviced by the Suffolk County Water Authority and LlPA. No public
sewer system is available. On-site septic systems will be designed to conform to
Suffolk County Health Department standards, which call for 20,000 sq.ft. lots in
areas serviced by public water. Our proposed yield exceeds the Health
I
Department standards.
It is anticipated that the traffic generated by this project will not compromise the
safety and capacity of the street system in the area. Two of the proposed lots
will front on Sound Road and have direct access. Access to the remainder of the
lots will be from Sutton Place to Sunset Court, the proposed cul-de-sac. Catch
basins are proposed at the northerly and southerly ends of Sunset Court to
manage any runoff generated by the improvement of Sunset Court.
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MORTH FORK EMVIROM~EMTÂL COUMCIL, IMC.
Rt. 25 at Love Lane, PO BOX 799, Mattituck, NY 11952 Tel.: 631·298·8880 Fax: 631·298·4649
nfec1@optonline.net www.nfec1.0rg
March 26, 2002
Supervisor Joshua Hot1on
Members of the Southold Town Board
Southold, New York 11971
Dear Supervisor Horton and Members of the Board,
On behalf of the Nonh Fork Environnlental Council, I respectfully request that you deny at this time
the application ofMa Tine, Inc. for a zone change on a 5.5 acre parcel from R-40 to AHD
(Affordable Housing Disttict). This parcel is located in the Hamlet of Greenport on the north side
of Route 48.
A full environmental review should be conducted before any down-zoning of the property is
considered. It is possible that freshwater wetlands are located on the subject property and it the
opinion of the NYS Office of Parks and Recreation that the parcel has archeological significance
and studies are needed. Issues of increased lraffic on an already burdened infrastructure must be
funher investigated and evaluated.
The Town, in the form of the Blue Ribbon Commission, is currently considering issues of density,
open space and farmland preservation, The proceedings have led the commission to address the
question of how many more additional dwelling units the Town can bear before quality oflife is
adversely impacted and our rural heritage is lost. Before this question is answered and a
comprehensive plan is in place, the Town should not grant any requests for increasing density
Sincerely,
v7" "
K1tÞ.~.~
?
Gwynn Schroeder
NFEC Southold Coordinator
a non·profit organizatIon for tne preservatIon of land, sea, air and quality of life
. ~
printed on tJ recycled paper
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March 26, 2002
Dear honorable members of the Southold Town
Board.
I come before you on behalf of the Greenport
Board of Education to ask for consideration.
Recently, we have been reading in the local
newspapers about proposals to increase housing
density of vacant land. The proposals we have read
about range from rezoning 5.7 acres of land on which
5 houses could be built, to double that amount for 10
homes. Although this is a small development several
of these changes or the approval of a rezoning to
allow 54 two-family houses would have a devastating
impact on our school district. F or the past decade
Greenport has had the highest school tax rate on the
North Fork and we have worked hard to keep it in
check by regularly keeping our tax rate increase
lower than the inflation rate. In fact, this year we
expect little or no increase in our school tax rate.
However, if you were to approve any upzoning
changes in Greenport School District which would
cause an increase in the student population it would
cause us to expand our facilities to accommodate
additional enrollment. This would create a
....
.
.
tremendous burden upon those of us currently
residing in Greenport School District. Although
there would be added assessed valuation with the
new development it would be miniscule when
compared with the expense of expanded educational
servIces.
We ask that you consider these consequences
when you deliberate on any zone changes in
Greenport School District which would increase
housing density above current levels. We would also
welcome the opportunity to be informed of any of
these proposals when they are received by the town
and gladly will provide you feedback after discussing
the issues at a regular Greenport School Board
meeting.
Your consideration is appreciated.
Sincerely,
</7.··~
./
.-J
Gary M. Charters
President Greenport Board of Education
\\1LUAl\! J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE L-\Tf-L-\I\I, JR.
RICf-L-\RD CAGGIANO
.
P.O. Box II 79
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone 1631> ~65-1938
Fax (63 j'¡ 765-3136
,
PLANNING BOARD MEl\1BER~
BENNETT ORLOWSKI, JR. ,.,
Chairman
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
Memorandum
MAR 2 6 2002
To: Joshua Horton, Supervisor Southold Town Clerk
and Members of the Town Board
From: Valerie Scopaz, AICP, Town Planner I'b-
Bennett Orlowski, Jr., Chairman, Planning Board
Re: Ma Tine, Inc.
Located on the North side of CR 48, approximately 265' west of Sound Road,
Greenport, NY
SCTM # 1000-035-1-4
Date: March 25, 2002
Proposal:
This petition is to change the zone of a 5.53 acre parcel from R-40 Residential to AHD -
Affordable Housing Density. It is unclear whether the applicant proposes to construct
ten or thirteen homes because the map, the environmental assessment form and the
application present conflicting information. The discrepancies have been brought to the
attention of the Town Attorney's Office and to the best of our understanding, the
applicant's attorney has been asked to resolve them. However, this information was not
received by this office in time to be included in this report, which, at the Town Board's
request, is being prepared in advance of its March 26, 2002 public hearing.
Reauirements:
The purpose of the AHD district, as defined in the Southold Town Zoning Code, is "to
provide the opportunity within certain areas of the town for the development of /Jigh-
density housing for families of moderate income." According to the formula set forth in
the Zoning Code in Chapter 100, Article V., the income limits for eligible applicants to
purchase one of these homes ranges from $44,100 for a single person to $83,100 for a
family of eight people. The recommended ceiling on home prices offered within the AHD
district is $168,000. It should be noted that this limit is lower than the maximum sales
price for affordable housing pursuant to Suffolk County's guidelines ($237,500), (Source:
James McMahon, Community Development Director, March 21, 2002)
The provisions of the AHD district, as set forth in Chapter 100, Article V. require that the
subject property lie within one fourth of a mile of the boundaries of the incorporated
To:
. The Elected Members o. Southold Town Board
Jean Cochan. Supervisor
Louisa P. Evans, Justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
John M. Romanelli, Councilman
I\e.-. '8 )::J.'il)OI 7JH¡ 81
R,,-.lbm ;it",d -3 -,;)6-ð.;l'
,7- /,~bli<' ¡'~~n''"'J
f·
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
A.~ residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent, provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which will adversely affect our quality of life - is a violation of the public trust.
~~i
ADDRESS
~~/lt
J 9-r< ¡J.ç~,-}
(.j- / ( ý vcr
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To:
. The Elected Members o. Southold Town Board
Jean Cachan. Supe~r
Louisa P. Evans, Justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
John M. Romanelli, Councilman
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold. New York, commend the efforts of the SOl.lthold ToVl.'1l Board in attempting
to secure affordable housing in Southold Town.
As residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in -""'"
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to ] 3 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the iment, provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which will adversely affect our quality of life - is a violation of the public trust.
NAME ADDRESS
t m47)-4q It.(
_dP _ Y71-9'tð~
1+77~
To: The Elected Members o. Southold Town Board
Jean Cochan. Supervisor
Louisa P. Evans, Justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
John M. Romanelli, Councilman
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
As residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent, provisions, and
restrictions of the ning C . To make changes to that adopted and agreed upon Code -
changes whiclyw' effect our quality of life - is a violation of the public trust.
/
,
NAME
"
ADDRESS
-¡.
To:
. The Elected Members o. Southold Town Board
jean Cochan. Supervisor
Louisa P. Evans, justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
john M. Romanelli, Councilman
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
AJ3 residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent, provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which will adversely affect our quality of life - is a violation of the public trust.
>
Nl\M.E
ADDRESS
/~
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To:
Th'e Elected Members ore Southold Town Board
Jean Cochan. Supervisor
Louisa P. Evans, Justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
John M. Romanelli, Councilman
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
As residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, t'raffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent, provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which will adversely affect our quality of life - is a violation of the public trust.
NAME
ADDRESS
I(}..
I;¿ ~~
jlf'~7
1('7 c¡y
(ýw
r/{9Y;Y
i \q~/L(-
I <¡ <PI-
qf-'f.
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¡¡<If/'
'J 9 '/f"
\ 1't4f
- 119:;'1
. /t<¡<lt/-
~:::x. , )¡ . Ilq 1- 'f
.
.
We the undersigned, taxpayers and residents of the unincorporated VUlage of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town' Board in attempting
to secure affordable housing in Southold Town.
1.5 residents of neighboring homes to the proposed Affordable Housing Devdopmem on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersecdons in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, Induding fire and rescue.
We believe that our neighborhood's water supply wíll be compromised and that changes in
zoning w!ll compromise surface drainage which can result In slgnlflcam property damage.
We feel that this 'spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families wil1 result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent. provisions, and
restrictions of the Zoning Code To make changes to that adopted and agreed upon COOt .
changes which will adversely affect our quality of life - is a violation of the public trust.
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To:
The Elected Members of twouthOld Town Board
Jean Cochan. Supennsor
Louisa P. Evans, Justice
W\l1lam D. Moore, Councilman
Brian G. Murphy, Counçilman
Craig A. Richter, Councilman
John M. Romanelli, Councilman
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
AI> residents of neighboring homes to the proposed Afford<lble How>ing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
Increase density and in turn adversely affect our quality of life, property, lraffiC. fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder publk services, ¡ncludlng fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which C'dn result in significant property damage.
We fed that this ·spot zoning" ('hange will undermine the preservanon of open S Y4CCS in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the additJon of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent, provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which wUl adversely affect our quality of life - is a violation of the public trust.
ADDRI!5S
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To:
The Elected Members o. Southold Town Board
jean Cochan. Supervisor
Louisa P. Evans, justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
john M. Romanelli, Councilman
.
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
As residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our school taxes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent. provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which will adversel, affect our quality of life - is a violation of the public trust.
NAME
ADDRESS
o
~se-
- £4 -Æ
/ . '/"t.-.{ /.?(9--l cf-
8
--.--. -- -
To:
The Elected Members Ae Southold Town Board
Jean Cochan. Supervisor
Louisa P. Evans, Justice
William D. Moore, Councilman
Brian G. Murphy, Councilman
Craig A. Richter, Councilman
John M. Romanelli, Councilman
.
We the undersigned, taxpayers and residents of the unincorporated Village of Greenport,
Town of Southold, New York, commend the efforts of the Southold Town Board in attempting
to secure affordable housing in Southold Town.
As residents of neighboring homes to the proposed Affordable Housing Development on
Sutton Place we strongly oppose any and all changes to the zoning code which would
increase density and in turn adversely affect our quality of life, property, traffic, fire and res-
cue, safety and the environment.
We have one of the most dangerous intersections in the Town of Southold and are concerned
that any increase in traffic density will hinder public services, including fire and rescue.
We believe that our neighborhood's water supply will be compromised and that changes in
zoning will compromise surface drainage which can result in significant property damage.
We feel that this "spot zoning" change will undermine the preservation of open spaces in our
neighborhood and compromise its natural and scenic qualities.
Our &;hool taXes are the highest in the Town of Southold and we feel that the addition of 10
to 13 new families will result in even higher taxes.
We believe that the officials we elect must recognize and uphold the intent, provisions, and
restrictions of the Zoning Code. To make changes to that adopted and agreed upon Code -
changes which will adversely affect our quality of life - is a violation of the public trust.
NAME ADDRESS
.~~ t:t: F;:! ~')Zl !Jt::ø
/ <-2(..,. I 1\/~" -,'1-,,,--:,..),,:;,'1 ..... ^- ~ '--,¡ ''1"; .,,~ ".' A.:l... i /kY'¡·),;.;.r~J7.:'/·- ¡~
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.____~. _n____. _____
Honorable Josh Horton
Supervisor
Southold, New York
March 11, 2002
rl' ~ ê Ie · í
L~I ~ :~ 2l~j
SUPERVISORS C'; '.CE
- 'WN OF S0UTHOL-D
Dear Mr. Horton
As a recent home purchaser in Greenport we were very distressed to read
about proposals to build a large complex of homes down the block from our
home. We live on Sound Road directly up the block from Sutton Place. We
understand that Sutton Place will be the road providing access to the houses
that are planned on Sound Avenue(route 48). This plan would have an
extremely negative effect on the blocks adjacent to Sutton Place. The
volume of traffic on this small road would be totally disruptive to the
surrounding area. We are all ready disturbed by the noise and traffic on
Route 48 due to the Cross Sound Ferry service. Adding to the vehicular
traffic in this area would be creating congestion, noise and volume
inappropriate to a residential neighborhood.
We hope that your leadership will assist in the defeat of this proposal for the
preservation of this neighborhood and community.
Ideas to add to the much-needed housing stock would be better served
through rehabilitating and restoring existing structures not clearing valuable
land and adding to the noise and congestion with over-sized projects such as
these.
Thank you for your consideration of this issue and we look forward to your
support of our community.
.
Sincerely, ~ C J7.. /7
Mary C. Gabriel ~
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<",IPER\'~SCìRS Cr,~!=:CE
: ,jWr-·J OF ~:nu THOLD
II Sound Road,
Greenport, NY 11944
631-477-8589
Supervisor Josh Horton
Town of South old
53095 Main Road,
Southold, NY 11971
Dear Mr. Horton:
To date I have not voiced an opinion or taken sides in local affairs; as a newcomer I feel I
should listen and learn before I speak. But I am writing now with regard to the proposed
Affordable Housing Development on Sutton Place.
I am a recent arrival to Greenport. After only a couple of visits here I fell in love with
this area: the fannland, the open spaces, the green-ness. Although my house is on a half-
acre I found out that the wooded space I see from my windows - a tìve acre lot - is
zoned for single family houses on one acre lots, I also found out that the builder of my
house was refused permission to build a two-family house. With this in mind I happily
invested my savings -- in this house and in Greenport. Less than a year has passed since
then and I hear there is a proposal to build thirteen houses with auxiliary apartments on
these five acres.
Before I go further I would like to make clear that [ believe there is a need tor affordable
housing, and meeting that need should be high on the town of Southold's agenda. My
objection to this proposed project is that I do not believe it answers that need. I believe
that affordable housing should really be affordable; that it should only be sold to
qualified tàmilies; and that it should bc affordable for generations to come, not a one-time
windfall for a handtì.ll of people. A property that suddenly jumps to market value would
be a temptation to sell rather than to hold onto and to pass on to the next generation,
leaving us once more with the current situation of housing that is out oCthe reach of
locally-born young people trying to start out in life.
My next objection is one of practicality. Adding between thirteen and twenty-six more
tàmilies to our quiet cul-de-sac will havc an adverse et1ect on the environment, quality of
life, and amenities that we now enjoy -- and had a reasonable expectation of continuing
to enjoy. A project of this size will surely impact on all aspects of town life - traffic is
already a problem at the intersections of Main, Rte 48, and Sound Rd.; two dozen more
cars making that turn can only create havoc - as well that of local residents.
I shall, of course, attend the meeting on Tuesday night but I am not comfortable speaking
in public and wanted to bc sure that my opinion is heard. Thank YOll tor your attention.
Yours sincerely,
/< r'lll:
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t\Ia2.gi Travis/Radacinski
To whom it may concern:.
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In regards to the zoning change proposed by "Ma Tine Inc." to AHD from R40 I must
register my strong opposition. This neighborhood is already one of the most densely
populated areas surrounding Greenport Village. Ten lots with the certain reality of
accessory units' on seven of these lots is a serious population explosion for our tiny
neighborhood. This wiU turn Sound Road, already a busy street into a dangerous
situation. "67" Steps Beach is clogged with tourists' (their cars, feces, and trash) during
the summer months. Egress onto Route 48 is problematic at best every day of the year,
and only going to get worse with the opening of Shady Lady. This property is directly
across the street from me, and I always knew it would be developed... but, I had hoped it
would be environmentally sound, and sensitive to the locations' density. Developing
over a drainage sump should not be aUowed. Perhaps an environmental impact study
should be worked up to get the fuU picture here. Successful urban planning seeks to
solve problems in the future by addressing them squarely in the present. Lacking proper
buffer zones of any decent size on its' parameters' this development will be nothing short
of cluttered for those who can afford to live there. Why not down zone to mobile home
lots'" This would be even more profitable for the developers and unnamed toml affiliated
cronies in the long run. The good, hard working people of South old Towll deserve
affordable housing within their price range now, and in the future. It is in the interest of
aU to consider this proposal very carefuUy for it affects those who live here after us.
I see nothing good in a legacy lacking in open spaces. I hope that our beautiful beaches
and breathtaking sunsets will not be ruined by short-sighted selfish greed. As a tax
paying year round local citizen, I ask the TO\\l1 Board to leave this property zoned R40.
Sincerely: Jennifer Leroy Warner Sinclair
20 Sound Road
Greenport
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IŒNNCTII L. EDWAHDS
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I'LANNING BOA!! . /EMBERS.
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Chn.¡nnan
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Town Hall, [):30!=):¡ Sttll¡' L'~i)ut;? 2:,
Southold, Nov, ì'tl 'k 11~)71-n95')
Telephone ¡,(3;31, 7íj[i~1~);iR
Fax tt-i.'31) 7H5-;¡ 1 ;-;n
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MAR 1 8 2002
MEMORANDUM
~outhold Town CIerI,
From:
Elizabeth A. Neville, South old Town Clerk
Victor L'Eplattenier, Senior Plannÿ
March 18,2002
To:
Date:
Re:
NYS Office of Parks, Recreation and Historic
Preservation Correspondence
Archaeological and Historical Sensitivity
Attached please find correspondence from Nelson, Pope & Voorhis, LLC,
pertaining to five sites, two of which are affordable housing sites currently
under review for proposed zoning changes to AHD.
This correspondence is being forwarded to you for your attention and any
recommendations the Town Board may have regarding these sites.
encl.
~G~lif~~~J~
L. . -ICE
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New York State OHice of Parks, Recreation and Historic Preservation
Historic Preservatior Field Services Bureau
Peebles Island. PO Box 189, Watertord, New York 12188-0189
5'8·2~~~'-a64.3
!--Iarch 6. 2002
Shana M. Lacey
~el'on, Pope & Yoorll!5. LLC
572 Walt WhinlWl Road
Melville, New York ¡ 174 7-218~
[R100~G'\§~[b
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Dear !>1s. Lacey:
Re:
SEORA
Ma Tine/Gre~nport North of "orth Roadi
SCTM #1000-35-01-04
SOl1thoJd, Suffolk COUl\ty
02PR0998
Thank you [or reques¡ing the COmmCn[5 of the Office of Parks, Recrea.tion and Historic
Preservation COPRHP) concerning your project's potential impact/effect upon historic and:or prehistoric
culrura1 reSOUrc~S. Our staff has r~viewcd the docurncntatiol1 thal yðU provided on your projècr.
Preliminary comments a.nd/or requests for additional information are noted on separate enclosures
accompanying this lener. A delcnnination ofimpact/etiect will be provided only after ALL docUmeIllatiOn
n;quirements not~d on ,:my euc10sures have becD met. Any questions concerning OUT preliminary ¡;O~J1ments
and/or requests for addirional1nformation should be directed to the appropriate sL3.ffpcrscm idenrjfj~d on
each enclosure.
In case:; where a staœ agency is involved in this undenaking it i.o:¡ appropriate for that agency !o
determine whether consultation should take place WiLõ OPRHP under Section 14.09 of rhe New York Sme
Parks. Rccreation and Historic Preservation La.w, In addition, if thcr~ is any federal agency inyolvemeIlt,
Advisory Council on Histori" Preservation's regulations, "Protection of Historic and Cultural Propenies"
36 CFR 800 requires lhat agcncy to initiate consultation with thc State Historic Preservation Offic",
(SHPO).
Whe:! respc,;d;ng, please b< sure to refe; to tl1< OPRRP Project Review (PR) nurr.ber r.ote~ abo\'e
Sincerely,
/7 () .
~9; . r~"fC1'--f
Ruth L. Pierpont
Director
RLP:bsd
Enclosure(s)
An Equal Opportunity/Affirmathre Action Agency
("~prt ,\ledon fllI:y';;;\CI~patler
.
.
ARCHEOLOGY COM!\lENrS
02PR0998
Based on reported resources,'there is an archcologlCal site in or ddjacenI to ;,Qur
pl'oJect area Therefore the Officc of Parks, Recreation and Historic Preser',"""",
(OPRHP) recommends that a Phase I archeological survey is warramed for all portion;
oi the projeCt to Involve ground disturbance, unless substanlral pnor ground disturbance
can be documented. If you consider the project area 10 bc dislurbed, documentation of ¡he
disturbance will need to be reviewed by OPRHP. E.xamples of disturbance indud"
mining activities and mujtiple episodes of building construction and demolition.
A Phase I survey is designed to determine the presence or absence or
archeological sites or other cultural resources In Ihc project's area of potential effcct. The
Phase 1 survey is divided into two progressive units of stu¿y including a Phase L\
sensitivitY assessment and initial project area field inspection, and a Phase I B subsurface
testing program for the project area. The OPRHP can provide standards for conducting
cultural resource investi gations upon request. Cu]¡ural resource surveys and survey
reports that meet these standards will be accepted and approved by the OPRHP.
Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified
archeologist should be retained to conduct the Phase I survey Many archeological
consulting firms advertise their availability in the yellow pages. The services of qualified
archeologists ean also be obtained by contacting local, regional. or statewide professional
archeological organizations. Phase I surveys can be expected to vary in cost per mi Ie of
right-of-way or by the number of acres impacted. We encourage yOll 10 contact a numb(;[
of consulting firms and compare examples of each firm's work to obtain Ihe best product.
Documentation of ground disturbance should include a description of the
disturbance with confinning evidence. Confirmation can include current photographs
and/or older photographs of thc project area which illustrate the disturbance
(approximately keyed to a project area map), past maps or site plans that accurately
record previous disturbances, or current soil borings that verify past disruptions 10 the
land. Agricultural acti ~'i!y is not considered to be substantial ground disturbance and
many sites have been identified in previously cultivated land.
If you have any questions concerning archeology. please call Mike Schlfferl1 "t
(S 18) 237-8643 ex! 3281.
M. Schifkr1i
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tfORAN
.J:' ,jun5et Laoe
C;reenf'ort. ^!)/ / /,,++
................ .-.-......... . . .-...,.........-.
March 10, 2001
Joshua Horton, Supervisor
Town of Southold
53095 Main Road
Southold, NY 11971
Dear Supervisor Horton,
We are writing to express our concerns regarding the request
made by MA TINE, Inc. to change the zoning from Low Density
Residential District to Affordable Housing District on 5.7 acres that
are on the north side of Route ~48 and runs between Sound Road and
McCann Lane.
Above all, we want to make you aware that we are not against
Affordable Housing. We have 5 adult children and know how it is for
young people to find a home of their own.
What we need for you, the counsel members, and the public to
be made aware of is the above-mentioned property is not the proper
place for the proposed development.
Within in miles, sometimes feet of each other, there are the
following projects that are or will be adding to the density of the area.
· Peconic Landing
· Shady Lady
· The possible development of 54 two-family
homes by Emanuel Kontokosta on the
south side of the Route 48 and east of San
Simeon.
· The Summit Estates development that is
located in East Marion (35 Homes)
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Besides density being a problem, the traffic that will be
generated by these areas will be an unending nightmare. Add to this
the Ferry traffic, both coming and going.
At the end of Sunset Lane is a sump area and when it rains the
water runs down Sunset into the sump. It is proposed, that this area to
be the entrance for the development. Ifthat is approved, what happens
to the water flowing down Sunset? What happens to the homeowners'
property on the four corners of the sump? There will no doubt be some
kind of flooding.
The school system here in Greenport is already under a heavy
burden. We do pay the highest school taxes in Southold. If these
developments go through will there be room in the school or will we
need to look at construction of new classrooms?
With the development of Peconlc Landing, the habitats of
many animals and birds have vanished. Many have found the 5.7
acres to their liking. The list of birds that use this as a migratory
station or permanent home is endless. The deer and fox are more
abundant in our neighborhood now. What happens when this area is
taken away?
It is also a natural buffer for those of us who live on Sutton
Place and Sunset Lane. It keeps the traffic noise to a minimum.
Believe us, we want what is best for our neighborhood and for
Greenport. But with the new proposals, what has already been
developed, and taking 5.7 acres and turning it into a development of at
least 10 homes with the possibility of accessory apartments is not in any
estimation the best for our neighborhood.
We chose to live the "Remains of our Days" out here on the
North Fork because of the openness and the memories of how our
communities were like when we were growing up in Nassau before
all the developing. Please, don't allow it to happen here.
Everyone involved, we are sure, will make the only decision
possible: Let the 5.7 acres remain open space.
Sincerely, ~
/ .-- .....--:~-- ,
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/ú:ol;¿/?{I{ {i/lzl " wC,(.i&c~ flokZ-A-L-
Richard and Priscila Horan
, .
,
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RECEIVED
.
I'i 'ì 1 C .,
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LEGAL NOTIlc:E
NOTICE OF PUBLIC ,IEARING
~outhold Town Cler!
NOTICE IS HERIŒY GIVEN that the T L ."n Board of the Town of SOllIhold
has received a petition to amend tllC Zoning Map 0'.' the To\'.'n of Southold by changing
the Zoning District designation ofSCTM # 1000-0.;5.00-01.00-004.000 from the Low
Density Residential (R-40) to Ihe Aftèndable Housi,g District (AHD).
NOTICE IS HEREBY FURTHER GIVE1~ that pursuant to Section 265 of the
Town Law and requirements of the Code of the To".-n of South old, Suffolk County, Ne\\'
York the Town Board of the Town of South old wi'l hold a PUBLIC HEARING on the
, ---.
Aforesaid LOCAL LAW at the SOUTHOLD TCWN HALL. 53095 Main Road,
Southold. New York at 5:00 p.m., Tuesdav, I\Iar~:h 26,2002. The purpose of the Local
Law is to Change the Zoning District Designation L:f SCTl'v! # 1000-035.00-01.00-
004.000 from the Low Density Residential (R-40) I" the Affordable Housing District
Designation. The petitioner for this request is MaTme Inc..
The legal description of the aforesaid propeilY is as follows: All that certain plot,
piece or parcel ofland, with the buildings and impr,-,vements Ihereon erected, situate,
lying and being near Greenport, in the Town of Sol"llOld, County of Suffolk, Stare of
New York and bounded and described as follows:
BegiIming at a point on the nOI1herly line of ,he North Road which point of
beginning is the southwesterly comer of the premis.s herein described and the
southeasterly comer oflands now or formerly ofEI'zabeth T. Albertson and others;
ru¡ming thence n0l1herly along the easterly line of I"nds now or fom1erly of Elizabeth T.,
Albertson and others to the southerly line of lands now or formerly of Dorothy Barstow;
thence easterly along the southerly line oflands la:.. mentioned and lands now or
fonnerly of Herbert Fordham to the westerly line or Sound Road or Avenue; thence
southerly along the westerly line of SOlmd Road to 'ands now or fonnerly of Whilney;
thence westerly and again southerly along the atòrc::1entioned lands [0 lands now or
forn1erly of Kszy1llinski; thence westerly and again :;olltherly along lands last mentioned
to the northerly line of the North Road; thence weSI ':rly along the northerly line of the
North Road to the point or place of thc BEGINN11\:. i.
BEING AND INTENDED TO BE the saI11L)!'cmiscs conveyed by deed dated
December II, [989 ~tlcl recorcleU in the Suffclk COt.tly Clerk's Office 011 April 10, 1991J
in Libel' I 1049 page 59. The Property is "I'proximar .Iy 5.7 acres.
The Local Law is entitled, "A LOCAL LA\' TO A.J..!l'ND THE ZONING ~L\l)
OF THE TO\VN OF SOm'HOlD BY CHANG INc. THE ZONING DISTRICT
-
. .
.
,
DESIGNATION OF SCTM # 1000-035.00-01.00-00.f.000 FROM THE LOW DENSITY
RESIDENTIAL (R-40) TO THE AFFORDABLE HOUSING DISTRICT (ARD)".
Copies of this Local Law arc available in the Office (·¡the Town Clerk to any interested
persons dluing regular business hours.
Any persons desiring to be heard on the proposed amendment should appear, and
has the right to appear, at the time and place above so specified. Any person also has the
right to submit written comments to the Southo ld Town Clerk either prior to the Public
Hearing or at the Public Hearing.
BY ORDER OF THE TOWN BOARD OF THE TO\VN OF SOUTHOLD,
SOUTHOLD, NEW YORK.
Dated: February 26, 2002 Elizabeth A. Neville
Southold Town Clerk
r
LEGAL NOTICE
NO'l1CB ŒPWUC......
NO'l1CB IS IBIIY ~...
the Town Boan! '" .. 1M of
Southold has received a ptdthM.- 10
amend the Zoning Map of the Town of
SouthaJd by changing the Zoning
ÐiItrict designation of SCTM # IOCIO-
035.00.01.IXJ.OO4.ooo from the Low
Dreui1)' Residential (R-4O) to the
Affardible H.OU'. iil. wstdit (AHD).
N01p:!5 . ... '.
..' ..
eo.,. - Yolk, .. __ ..... of
Il1o 1Ion of~ wIII_ a M-
LIC HEARING on the Aforesaid
LOCAL LAW at the SOUTHOLD
TOWN HALL. 53095 Main Road.
SGUdIold, New York at S:()() p.III..
~. March 26. 2002. The pu~
of dte Local Law is to Change ...
Zoning District Designation of SCTM.
1000-03s.00.01.IxJ.oo4.ooo rrom the
Low Density Residential (R-40) to the
Affordable Housing District
Designation. The petitioner for this
request is MaTlne Inc..
The legal description of the aforesaid
property is as follows: All that certain
plOf, piece or parcel of land. with the
buildings and improvements thereon
erected. situate. lying and being near
Greeopon. in the Town of Southold,
County of Suffolk. State of New York
and bounded and described as follows:
Beginning at a point on the northerly
line of the North Road which point of
beginning is the southwesterly comer of
the premises herein described and the
southeasterly comer of lands now or
fonnerly of Elizabeth T. Albertson and
others; running thence northerly along
the easterly tine of lands now or fonner-
Iy of Elizabeth T. Albertson and others
to the southerly line of lands now or for-
merly of Dorothy Barstow; thence east-
erly along the southerly line oflands last
mentioned and lands now or fonnerly of
Herbert Fordham to the westerly line of
Sound Road or Avenue; thence souther·
Iy along the westerly line of Sound
Road to lands now or fonnerly of
Whitney; thence westerly and again
southerly along the aforementioned
lands to lands now or formerly of
Kszyminski; thence westerly and again
southerly along lands last mentioned to
the northerly line of the North Road;
thence westerly along the I1OI1herly line
of the North Road to the point or place
of the BEGINNING.
BEING AND INTENDED TO BE
the same pre.øUsc¡.~v.)fM;.by deed
d........... ~ ~orded
in ilia .............,-~¡œon
AprU 10. 1990 ill Lilla' 1l0iI9 page 59.
ne.....,.......i ., S.7 acres.
'I1Ie Local Law i. _d. "A
LOCAL LAW TO AMEND TIlE ZON-
ING MAP OF THE TOWN OF
SOUTHOLD BY CHANGING THE
ZONING DISTRICT DESIGNATION
OF SCTM # lOOO-03S.00-01.00-
004.000 FROM TIlE LOW DENSITY
RESIDENTIAL (R-40) TO THE
AFFORDABLE HOUSING DiSTRICT
(AHD)"·.
Copies of this Local Law are avail-
able in the OffICe of the Town Clerk to
any interested persons during regular
business hours.
Any persons desiring to be heard on
the proposed amendment should appear.
and has the right to appear. at the time
and place above so specified. Any per-
son also has the right to submit written
comments to the Southold Town Clerk
either prior to the Public Hearing or at
the Public Hearing.
BY ORDER OF THE TOWN
BOARD OF THE TOWN OF
SOUTHOLD. SOUTHOLD. NEW
YORK.
Dated: February 26. 2002
Elizabeth A. Neville
Southold Town Clerk
22S4-1TMl4
""
STATE OF NEW YORK)
)SS:
COUWY OF j)UFFOLK)
~R-,J /?V,If./ WGZ3E¿ of Mattituck, in said
county, being dulj "-W' says that he/she is Principal
clerk of THE SUFF\ S, a weekly newspaper, pub-
lished at Mattituck, . )Wf1 of Southold, County of
Suffolk and State of N& . and that the Notice of which
the annexed is a printt. JY, has been regularly pub-
lished in said Ne\\per once each week
for / week¡; successively, commencing
on the /'/ day
of ß/f'£c..// 2Ot:?¿.,.
~/ d¿d.~
./ Principal Clerk
Sworn to before me this It..{ i.b...
day of J1vvLcA 20 DJ-
~Z; ~CUcÁ-Jt
LAURA E. BONDARCHUK
Notary Public, State of New York
No 01 B06067958
Qualified ;1\ Suffolk County ",-
My Commission Expires Dec. 24, 2Q,£J>
~ ,-
I
. .
LEGAL NOTICE \'-146
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of South old
has received a petition to amend the Zoning Map of the Town of South old by changing
the Zoning District designation ofSCTM # 1000-035.00-01.00-004.000 from the Low
Density Residential (R-40) to the Affordable Housing District (AHD).
NOTICE IS HEREBY FURTHER GIVEN that pursuant to Section 265 of the
Town Law and requirements of the Code of the Town of Southold, Suffolk County, New
York, the Town Board of the Town of South old will hold a PUBLIC HEARING on the
Aforesaid LOCAL LAW at the SOUTHOLD TOWN HALL. 53095 Main Road,
Southold, New York at 5:00 p.rn" Tuesdav, March 26.2002. The purpose of the Local
Law is to Change the Zoning District Designation ofSCTM # 1000-035.00-01.00-
004.000 from the Low Density Residential (R-40) to the Affordable Housing District
Designation. The petitioner for this request is MaTine Inc..
The legal description of the aforesaid property is as follows: All that certain plot,
piece or parcel ofland, with the buildings and improvements thereon erected, situate,
lying and being near Greenport, in the Town of Southold. County of Suffolk, State of
New York and bounded and described as follows:
Beginning at a point on the northerly line of the North Road which point of
beginning is the southwesterly corner of the premises herein described and the
southeasterly comer of lands now or formerly of Elizabeth T. Albertson and others;
running thence northerly along the easterly line of lands now or fornlerly of Elizabeth T.,
Albertson and others to the southerly line oflands now or fornlerly of Dorothy Barstow;
thence easterly along the southerly line oflands last mentioned and lands now or
fomlerly of Herbert Fordham to the westerly line of Sound Road or Avenue; thence
southerly along the westerly line of Sound Road to lands now or fornlerly of Whitney;
thence westerly and again southerly along the aforementioned lands to lands now or
formerly of Kszyrninski; thence westerly and again southerly along lands last mentioned
to the northerly line of the North Road; thence westerly along the northerly line of the
North Road to the point or place of the BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed by deed dated
December 11,1989 and recorded in the Suffolk county Clerk's Office on April 10. 1990
in Liber 11049 page 59. The Property is approximately 5.7 acres.
The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP
OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT
r!
I
:1
:1
.
.
1
,I
DESIGNATION OF SCTM # 1000-035.00-01.00-004.000 FROM THE LOW DENSITY
RESIDENTIAL (R-40) TO THE AFFORDABLE HOUSING DISTRICT (AHD)".
Copies of this Local Law are available in the Office of the Town Clerk to any interested
persons during regular business hours.
Any persons desiring to be heard on the proposed amendment should appear, and
has the right to appear, at the time and place above so specified. Any person also has the
right to submit written comments to the Southold Town Clerk either prior to the Public
Hearing or at the Public Hearing.
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
SOUTHOLD, NEW YORK.
Dated: February 26,2002 Elizabeth A. Neville
Southold Town Clerk
I
"
.1
I
II
:1
I
I
II
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Planning Board
Catherine Mesiano
Ma Tine, Inc.
Catherine E. Tasker
Abigail Wickham, Esq.
Town Clerk Bulletin Board
. -
.
.
ST ATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of SOUl hold, New York being
duly sworn, says that on the IJ'tU day of ~ ).. , 2002, she affixed a
notice of which the annexed printed notice is a tme copy, in a proper and substantial
manner, in a most public place in the Town of South old, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Heariug:
Change of Zone:
Matine, Inc.
~q.Y)¿~e~
Elizabeth A. Neville
Soulhold Town Clerk
Sworn before me this
IJ"'-' day of J'Y\w.L
,2002.
J~ýy\~
Notary Public
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Ck¡¡.".·,c·
, 'il
\'. r.).1.t".Y'-~. 'f-" t Ý
~
/
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (631) 765-6145
Telephone 16311 765-1800
sou t ho Idtown. nort hfor k. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 164 OF 2002
W AS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 26, 2002:
WHEREAS the Town Board of the Town of South old has received a petition to amend
the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM
# 1000-035.00-01.00-004.000 from Ihe Low Density Residential (R-40) to the Affordable
Housing District (AHD), NOW THEREFORE BE IT
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the
Code of the Town of South old, Suffolk Counly, New York, the Town Board of the Town of
Southold will hold a PUBLIC HEARING on the Aforesaid LOCAL LAW at the
SOUTHOLD TOWN HALL, 53095 Main Road, Southold, ;'<Oew YorK at 5:00 p.m.,
Tuesday, March 26, 2002. The purpose of the Local Law is to Change the Zoning District
Designation of SCT!\! # 1000-035.00-01.00-004.000 from the Low Density Residential (R-40) to
Ihe Affordable Housing District Designation. The petitioner for this request is MaTioe Ioc.. The
Property is approximately 5.7 acres located in Greenport, New York.
The Local Law is entitled, "A LOCAL LAW TO AI\IEND THE ZONING MAP OF THE
TOWN OF SOUTHOLD BY CHANGING THE ZONING DIST¡UCT DESIGN!\. TION OF
SCTM # 1000-035.00-01.00-004.000 FROM THE LOW DENSITY RESIDENTIAL (R-40) TO
THE AFFORDABLE HOUSING DISTRICT (AHD)··.
E'g~Q.r)w'¿J..
Elizabeth A. Neville
Southold Town ClerK
---
..- -----
~
....
,
RESOLUTION
FEBRUARY 26,2002
\'- 164
WHEREAS the To\\'n Board of the To\\'n of South old has received a petition IO amend
the Zoning I\[ap of the Town of South old by changing the Zoning District designation ofSCTl\1 # 1000-
035.00-01.00-00-+.000 from the Lo\\' Dcrlsity Residentral (R--+Olto the Affordable HOUSlllg District
(.-liID), NOW THEREFORE BE IT
RESOL\'ED rhat pur"rant to Secli<Jn 265 of the TO\\ll LII\ and requirements "fthe (,<,de oCthe
To\\'n OfSClUthold, Sunülk County. Ne\\' York, the To\\n BUJrJ oCthe [o\\n of Soulhold \\'ill hold a
PUBLiC HEARING 011 the Aforesaid LOCAL LAW at the SOUTHOLD TO\\'N IL-\Ll. 53095 I\falll
Road. S,'ulhold. New York at 5:00 p.m., Tucsday, !\Iarch 26, 2002. The purpose of the Local La\\ is to
Change the ZonIng DIstri,-r DesignatIüI1 01' SCTI\IIi 1 00i'J-035.IJfi-l) l.on-oo-+.uOO tì'ot1l the I.ow Density
Residentl:.!l (R--+O J to thL' .\ffordab(' H(nL~ing- District Dc.'.':JibrnatlOn. Tb.: petitioner for this request is
J\IaTillc IlIl'.. The' Propèrty is :tppr\-I_\irlla!dy)" ì acrl:'S lUCHcJ m Cirt't'nporl. Nè\\- York.
The /'0,'01 LII\' IS CIHilled. "\ I.Ol.\L L\ II' 10 .\I\IEND THL 70NING I\L\P OF TI·IE TOWN
OF SOLiTlIOlD BY CIL\NCjING THE ZONING Dbl RICl DE~IGN\TfON OF SCTI\I" ¡OOO-
1t35(1(1-IHJJrJ-Orl-+.ÜüÜ FROI\! THE Lo\\' DENSITY RESIT)[Nl L\L IR--+O) TO THE AFFORDABLE
IfOLiSINU DISTRICT I ,\HD )".
,
,¡J.
Resolution setting a public hearing on March 26. 2002 for the following:
Request tor Change of Zone by petitioner Ma Tine, Inc., to amend the Zone Code
(including the Zoning Map) for the property identified by SCTM #1000-35-01-04,
approximately 5.7 acres located at 69125 County Route 48 in Greenport, New York tÌ'om
Low Density Residential (R-40) to Affordable Housing District (AHD).
Bottom of resolution should have: The Town Clerk is directed to publish notice of this
public hearing in the official newspaper on March 14, 2002.
- - -----
.
.
l
REQUEST FOR CHANGE OF ZONE
APPLICANT/CONTRACT VENDEE:
SURVEYOR:
MA TINE INC.
CHRISTINE C. HURTADO, PRES.
P.O. BOX 1925
SOUTHOLD, NY 11971
CATHERINE E. TASKER
3509 BRANDON WAY
MISSOULA, MO 59803
PECONIC SURVEYOR, P.C.
JOHN METZGER, L.S.
P.O. BPX 909
SOUTHOLD, NY 11971
OWNER:
ENGINEER:
JOSEPH FISCHETTI, P.E.
P.O. BOX 616
SOUTHOLD, NY 11971
APPLICANT'S ATTORNEY:
ABIGAIL WICKHAM, ESQ.
P.O. BOX 1424
MATTITUCK, NY 11952
CATHERINE MESIANO, INC
12 MILL POND LANE
EAST MORICHES, NY 11940
631-878-8951
APPLICANT'S AGENT:
SUBJECT PROPERTY:
5.7-ACRE PARCEL
69125 C.R. 48
GREENPORT, NY
a/k/a SCTM # 1000-35-1-4.
..
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.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTR.-\R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\L~TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
/
TO:
~Southold Town PlaIming Department
Southold Town Board
Southold Town Attomev
Elizabeth A. Neville, S~uthold Town Clerk ~
FROf\'[:
DATE:
March 5, 2002
RE:
Jl5/02 FOIL Request of Melanie Norden
.
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 1197/
Fax f6311 765-6145
Telephone 1631) ~65-1800
sout hold town. nort hfork. net
Transmitted herewith is a FOIL requesI of f\felanie Norden. Please respond to
this office, in \\Tiling, within five (51 business days.
Thank you.
NOTE:
Ms. Norden has received a copy of the application with the Notice
to adjacent Property Owners, Assessment Form, and maps/survey so
there is no need for you to supply those records.
.
".~V."~lIfFOl.t ~~\
:v~ " "'~æ "
,,,',, ~':.
(.1' =:t :"'" ::'
..Q ,.
';~, CI'J ~ ,f,'
'~~ ~ tr't //
,,0. ~H
:. ~ ~'I-.','
~Q-l + -+-~,~/
__._(,-1
.
ELIZABETH A. NEVILLE
TOWN CLERK
Tú\qt Hal1. 5309.5 Main Road
P.O. Box Il~9
Southold, New York 11971
Fax (5161 765-1823
Telpphone 1'516,1 í6'::)-18t!()
REGISTRAR OF \'[TAL STATISTICS
MARHIAGE OFFICER
RECORDS MANAC;nIENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
APPLICATION FOR PUBLIC ACCESS TO RECORDS
INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's
Office (agency Freedom of I nformation Officer). One copy will be returned to you
in response to your request, or as an interim response.
============1i=====~==a;i~tf£=fjw=.nt=;===f'ß==íØlro=lf=.f~ ;
::~~':8..:t ~,.' Jo~J -reNAL. ~<W~I ~~Jø~ø(
(Department or Officer, if known, that has the information you are requesting.)
RECORD YOU WISH TO INSPECT: (Describe the record sought. If pos~le, sup Iy
date, file title, tax map number, and any other pertinen! information.) 'è.I\ ~
W rt~d¡.) r"ðV'olw\J -IlL ~I;<:'~~ ct M,q 1) , ,.
e Cl-.b\ 21V..L. tv... Sc.7W\ -#/ooo-03S'. Dl1-0 1.00-
004,000 ..f6 AA~Iri'. Uf\. &fY\I\I\ ~ P8 t'WitLoOt rte.p1Cf ~
ÞA~~ e,p\~ ~t> aU CAW"'~
~ P(t~/A~~n~~~ rt~ ~-
Printed Name:~ 'dr\1-e.. "-fo<cI.e.u
Address: ,r~ (ñc.Gw·W\ ~e.. tl~~ ~ 1\C¡c,f«1
Date: 3 œ 2.,0Ó)
Mailing Address (if different from above):
Telephone Number: (ø'3 k 411- 4-'1 Il(
--------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------
[ ] APPROVED
[ ] APPROVED WITH DELA Y*
[ ] DENIED*
RECEIVED
~{J~
Eliz eth A. Nevill
Freedom of Information Officer
UARDali, lOOl
* If delayed or denied see reverse side for explanation.
Southold Town Clerk
. J
.
.
Melanie Norden
1550 McCann Lane
Greenpor/, Ne... York 11944
631-477-4914 (Phone) 631-477-3688 (FtlX)
l'v[arch 5, 2002
Mr. Bennett Orloski. Jr.. Chairman
Town of South old Planning Board
Town Hall- Route 25
SOli/hold. Nell' York
RECEIVED
YARSæ02
Dear Afr. Orloski:
Sou,hold ToWl! C1urk
The 67 Steps Association, an association of property owners some of whose properties ahut
the proposed Affordahle Housing prniect in Greenpor/. New York (SCTM # I (}(}(}-n35. (}()-
() I. (}(}-(}(}4. ()(}(}), would like to studv the Planning Board's Review on this A HD application
prior to the Puhlic Hearing scheduled/or March 26. 2(}(}2 at 5:(}(} p.m.
A resolution of the Town Board on Decemher II, 2(}(}1 referred this Application to the PBfor
its review. We are not sure on what date you received it hut. as indicated in the Codebook,
"within sixty (6(}) days from the date of the Planning Board meeting at which such referral is
received, the Planning Board shall report its recommendations to the Town Board." We
presume that the sixty days have now expired and the PB's Review is availahle.
Our Association trusts that the PB willjì¡lfill its obligations with respect to this AHD
application. I-Ve request that you take the review seriousž" and perform your role in a
thorough and timelv manner and that your Report he availahlefhr puhlic inspection well
hefore March 2f¡, 2()()2.
IVe hope that you will give ample consideration to the Town ~Master Plan. the existing and
permitted land uses in the area, the relationship of the proposed design and locations of the
buildings on the site. traffic circulation, both on and off the site. the adequacy and availability
of communitl'facilities and utilities, including public water and public sewer systems, to
sen'icc the proposed development, as well as the impact of Rock Ridge, the Shad" Ladv and
Peconic Landing on this proposal.
As registered voters and tu.-r paFers we reI" on the PB.f{JI" expert guidance in this arena. The
PB has been charged with a significant public responsihilitl' - II'C trust that ourfàith in you as
clected officials has not heen misplaced I havefiled the ncces.mrj' Freedom of In/(J/"nwtion
papers. Please let me know whcn YOllr review is available.
sMA",. / I Iovrhµ
lYfMJ1If¡1ten
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown. nort hfork. net
REGISTRAR OF VITAL STATISTICS
IVL".RRIAGE OFFICER
RECORDS l\L-\NAGEMENT OFFICER
FREEDOM OF INFORl\L".TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 164 OF 2002
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 26, 2002:
WHEREAS the Town Board of the Town of South old has received a petition to amend
the Zoning Map of the Town of South old by changing the Zoning District designation ofSCTM
# 1000-035.00-01.00-004.000 from the Low Density Residential (R-40) to the Affordable
Housing District (AHD), NOW THEREFORE BE IT
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the
Code of the Town of South old, Suffolk County, New York, the Town Board of the Town of
Southold will hold a PUBLIC HEARING on the Aforesaid LOCAL LAW at the
SOUTHOLD TOWN HALL. 53095 Main Road. Southold. New York at 5:00 p.m.,
Tuesdav, March 26, 2002. The purpose of the Local Law is to Change the Zoning District
Designation of SCTM # 1000-035.00-01.00-004.000 from the Low Density Residential (R-40) to
the Affordable Housing District Designation, The petitioner for this request is MaTiue Ine.. The
Property is approximately 5.7 acres located in Greenport, New York.
The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE
TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF
SCTM # 1000-035.00-01.00-004.000 FROM THE LOW DENSITY RESIDENTIAL (R-40) TO
THE AFFORDABLE HOUSING DISTRICT (AHD)",
pgr~a~~'''...
Elizabeth A. Neville
Sonthold Town Clerk
Date: 02/11/02
Transaction(s):
1 SEOR Review
Check#: 1100
Name:
Property. Me Tine
Greenport Ny
Clerk 10: BONNIED
Town Of South old
...0 Box 1179
~hold, NY 11971
.
,
* * * RECEIPT * * *
Receipt#:
Total Paid:
1100
Subtotal
$750.00
$750.00
Internal 10: 49465
.
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF \'1TAL STATISTICS
MA,RRIAGE OFFICER
RECORDS 1L-\NAGEMENT OFFICER
FREEDOM OF INFOR1IATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 11 79
Southold. New York 11971
Fax 1631) 765-6145
Telephone ¡'631} 765-1800
sou thold town.nort hfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 6,2002
Re: Change of Zone Applications of;
MaTine,Ine¿/
Mattituck Housing, LLC
Catherine Mesiano, President
Catherine Mesiano, Inc.
Licensed Real ESlate Broker
Real Estate Consultant
12 Mill Pond Lane
East Moriches, New York 11940
Dear Ms. Mesiano:
Please be ad\'ised that there is a SEORA Review fee for consultation work performed by
Nelson, Pope, and V oohris in the amount of $750.00 for each of the above applications. Check
should be made payable to Southold Town and sent to my office. As soon as the fees are
received, the applications will move forward. The next step is for Ihe SEQRA Review Reports
to be sent to the Planning Board and Suffolk County Planning Commission.
Should you have any questions, I may be reached at 631 765-1800.
Very truly yours,
rfI/l;'AH-JO n"J)A
'Ei:~~evill~
Southold Town Clerk
cc: Southold Town Board
Town Attomey
G. Weiser
C- U....lèk4¿¡ _
·
NELSON, POPE & VOORHIS, LLC
Er--J ,",ùl',I·1tof¡ .:.., . F'L"-NrJlfIG
eLl f¡ =. U L ,''' '-,>
"-H~I'"LE~ -' ,'-"_'¡:-"I ,t~ ~I'-'::'· _F·TH'_'P J ~'_'EhL'LJ:- ,-_of" . .1~I-EriT ,', [,,-,rlrJt,LL; 1-'[
":T,RtFPTf't::.J>,LI-HPE¡:IF~rll':' PE·I-',_'E[¡":I,~rIEL,:,rl Jr PI:
I~ ~IIL rJ f..¡':':::: I- L ::
rebrLlary 1. 2002
Elizabeth Ne\'ille, Town Clerk
To\\n of Somhold
TO\\I\ Hall. 53095 Main Road
P.O. Box 1179
Southold, Ne\\ Yurk 11971
Re: Town of Soulhold
Change of Zone Petition, SEQRA Review
~IaTllle Property
Dear ]\-[s. Neville:
Thank you for conlactlllg NP&V for services in connection wilh SEQR review and the implementation of
the abow referenced proJect.
The following st'ITices and fees are proposed:
1. [nspect propèHY and art'a to detennine environmental resourct:s and characterIstics.
-, ReYleW Part I Environmental Assessment Form (if,}\-ailablc).
3. Prepare Part U Environmental Assessment Fom1.
.J. Prepare delailed environmental plonnmg review of the subject application.
ree: $750.00
5. Re\'iew supplemental information subnutted hy the applicant III support of [he application.
6. Prepare recommended determination of Slgrufieance (if requested by TO\\'l1 Board).
Fee: Time Rates
(Budget: $200.00)
Please Si~~1 where provided helow 10 authorize the completion of these services. Thank you for the
opportunity to assist on this project. Please feel free to call should you haw any questions.
Respecttì.1lly submitted,
P:/File: 02-***
ACCEPTED AND APPRO\'ED
BY:
D.-HE:
(Please sign and retun1 one copy)
572 '.".¡ALT 'J',¡HITMAN ROAD. MELVILLE. NY 11747-2188
[631) 427·5665· FAX (631 J 427-5620. ,f\,1'. N.nelsor.pope.com
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR Of' V\'P.L STATISTICS
¡'L~RR\AGE OFFICER
RECORDS ¡'L-\NAGE~lENT OFFICEH
f'REEDO~! OF INFOR~L-\TION OFFICER
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Town Hall, 53095 Main Road
P.O. Box II~9
Southold, Ne\\' York 11971
Fax i.6:n 176.5-6145
Telephone \.63 U 765-1800
sou t holdtown. no rt hfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOLTTHOLD
Catherine Mesiano, President
Catherine Mesiano, Inc.
Licensed Real Estate Broker
Real Estate Consultant
12 Mill Pond Lane
East Moriches, New York 11940
Dear Ms. Mesiano:
January 22, 2001
Re: Change of Zone Applications of:
MaTine,Ioe /
Mattituek Housing, LLCV
Enclosed please find copies of letters received from the Sutfolk County Department of
Planning regarding your affordable housing change of zone applications. In addition to the
zoning district, the maps must also show the land use, i.e. deli, office, etc. If your surveyor has
any questions on the preparation of these maps, he should contact Mr. Gerald Newman of the
Suffolk County Department of Planning at 853-5206.
Should you have any questions, I may be reached at 631 765-1800.
cc: Southold Town Board
Town Attorney
G. Weiser
Very truly yours,
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Southold Town Clerk
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COUN1Y OF SUFFOLK
RECEIVED
JAN 1 8 2002
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ROBERT J G':'FFtIE)
SUFFOLK COU~J1Y EXEClITl\ E
DEPAR-n-1ENT OF PU'...NNING
T~-K:.t" .ê.S ISLES. .ð.ICP
[, RECTOR ,:'F FL.....tJNlt~,J
January'!, 2002
Town Clerk
T o\\n of Southold
Re: Application of "l\la Tine, Inc." for a change of zone hom R-40 to
,HID at Greenport in the Town of South old (SCTl\l #1000-35-1-4).
Gentlemen:
Plcase be acl\'ised that pursuant to Sections A 14-14 to 23 of the Suffolk County
.-\dministrative Code. the abo\'e captioned application \\'illnot be re\ie\\ed until Ihe follo\\ing
int()lmation is submitted through the otÌÌœs of the municipal rei~rring agency.
I. An area map depiding land uses and zoning on and within 200 ft. of premises:
Required information relati\'c to the SEQRA process:
3. Recommendations of the Town Planning Board: and
4. A copy of affordable housing criteria as established by the To\\n Board.
,
Thank you.
Very truly yours.
Iîwmas Isles
Director of Planning
Sfs Gerald G. Nc\\'tllan
Chief Planner
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RECEIVED
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JAN 1 8 2002
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R.~6ERT,J. G.:.FF¡JE(
SUFFOLK CQUt.JTY EXEC UTI ,E
TH.:~,r'P3 13LE3 ,~ICP
DEPARTt·'ENT OF PLANNING
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January 9, 2002
Town Clerk
Town of South old
Re: Application of "I\!attituck Housing, LLC' for a change of zone from
R-80 to AHD at I\!attituck in the To\\'n of Southold I SCTI\! #1000-
122-2-23.1,
Gentlemen:
Please be advised that pursuant to Sections ,\ 14-14 to n of (he Suffolk County
..\dministrative Code. the abo\'e captioned application will not be rcviewed until Ihe ¡(¡llowing
information is submittcd through the offices ohhe municipal referring agency .
1. A site plan;
2. An area map depicting land uses and zoning on and within 200 ft. of premises:
3. Required infonnation relati ve to the SEQR.-\ process;
4. Recommendations of the To\\'n Plamling Board: and
5. A copy of at1è,rdable housing criteria as established by the T O\m Board.
Thank you.
Very truly yours.
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
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ELIZABETH A. NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. NeVI.' York 11971
Fax i631) 765-6145
Telephone 1.6311 765-1800
sou t holdtO\.... n. nort hfork.net
REGISTRAR OF VITAL STATISTICS
MARRL-\GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\L-\.TION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 29, 2002
Re: MaTine Inc.Petition for Change of Zone
Melanie Norden
1550 McCann Lane
Greenport, New York 11944
Dear Ms. Norden:
Thank you for your letter regarding the above petition. Please be advised that my office
along with the Town Attorney office, review such petitions for procedural requirements
prior to presenting such petitions to the Town Board for consideration.
Chapter 100-292 of the Southold Town Code sets forth the notice requirements for the
petitioner in relation to adjacent properties. Kindly note that the Town makes every
etTort to assist applicants in conforming with the procedural code provisions when filing
a petition for a change of zone. Ultimately, the applicant is responsible for following the
code provisions and filing a complete change of zone package.
Thank you again for your interest in this matter.
Very truly yours,
0ð~t4tl~
Elizabeth A. Neville
Town Clerk
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January 29, 2001
Melanie Norden
1550 McCann Lane
Greenport, New York 11944
RE: Ma Tine Inc. Petition for Change of Zone
Dear Ms. Norden:
Thank you for your letter regarding the above petition. Please be advised that my office
along with the Town Attorney office, review such petitions for procedural requirements
prior the presenting such petitions to the Town Board for consideration.
Chapter 100-292 ofthe Southold Town Code sets forth the notice requirements for the
petitioner in relation to adjacent properties. Kindly note that the Town makes every
effort to assist applicants in conforming with the procedural code provisions when filing
a petition for a change of zone. Ultimately, the applicant is responsible for following the
code provisions and filing a complete change of zone package.
Thank you again for your interest in this matter.
Very truly yours,
Elizabeth A. Neville
Town Clerk
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.
REGISTRAR OF \'ITAL STATISTICS
~L-\RRIAGE OFFICER
RECORDS ~L-\NAGE~!ENT OFFICER
FREEDOM OF INFOR~L-\TION OFFICEH
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Town Hall, 53095 Main Road
P.O. Box 11 ~9
Southuld, New York 11971
Fax, 631, ,65-6145
Telephune 1631) 765-1800
sou t hold town. nort hfork. net
ELIZABETH A. NEVILLE
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
Gregory F. Yakaboski, Town Attorney
Mary A. Wilson, Assistant Town Attorney
FROM:
Elizabeth A. Neville, Town Clerk
RE:
Melanie Norden's letter
DATE:
l/23/02
Gregll\'lary:
Per our conversation, I am sending you a copy of the Ms. Norden's letter and the
Town AHD ordinance for your opinion on a reply. As I mentioned, I did speak to the
NYS Attorney General's Office and they told me that they absolutely do not have any
requirements/regulations for notification to adjacent property owners.
cc: Supervisor and Town Board
.
.
Melanie Norden
1550 McCann Lane
Greenport, New York 11944
631-477-4914 (Ph) 631-477-3688 (.flax)
January ì, 2002
RECEIVED
Elizabeth M:vIJle, Town Clerk
Town of South old
53095 Main Road
Southold, New York 11971
JAN 8 ,JOO;
Re:
Applieallt:
Owner:
Request for Challge of Zone
Mo 1Ïnt~, Inc., ChristÍlle C Hurtado, President
CatheJine E. Tasker
Southold Town Clerk
Dear ~Ms. Neville:
On various occasions by telephone I have blVught to your attention that several
residentç of the unincorponlted Village o[Grccnport, New York, ill the TOWll of
Southold, Ncrv York, who own residential and/or commercial plVperty which
abuts, is contiguous/ac!facent to, or is Ùl other ways near to a 5. 7 .'lcre pHrceI
10cHted at 69125 CR. 48, Grecnport, New York(llkH Suffolk County Tax M.'lp II
1000-35-1-4) hHvc conccms regälding the NotificHtion plVcess to nearby/ac!facent
pzvperty owncrs undeltHken by the Hbove-refèrenced Hpplicant <11ld0r his/her
agent with regc7rd to said AppIicHnt:ç Request For Change of Zone.
The (iPplicant; ArH Tine, IllC., has requested a Change of Zone ¡¡-om Low Densi(v
ResidentJal R-40 Distnct to either/and/or Hamlet Density (HD) ResIdential
DistJict and/or AFfordable Housing District (AHD). l11is plVperty is located ill
Greenport, New York, South of the North ROHd (COUllty Route 48); PHst of the
plVpertyowned by M¡: Hnd Mrs. M Dobler; and West of Sound Road
YOll were mHde aware by several concemed plVperty owneJ:5 that the ¡¡n;t attempt
by sHid App/¡ànt 10 notify plVperty owners who would be aFfèeted by this
Request [or Zone C/lflnge was inaccurate or othenviçe fàiled to notifÿ everyone ill
the applVpriHte manner HS specified 7l1ere were vHnous elTors in th¡:ç first
notificHtion Httempt.
Presumeablya second attempt to Notify affèeted plVperty owners was made by
M;l TillC, Inc., or the Applicants Agent, Cathcrille Mesi<1no, fnc. of EHSt
AIOlichcs, NY. According to members ofthe newly f017ned 67 Steps
Association, this llOtiWon also ¡[¡iled or W,1S wocfitlly.promised. to wit
I. Cé'daÙl property olVners received NO notificéltion at aiL
2. CCl1aÙ] propclty olVners received INCORRECT notification to lÍlcOlTcct
üddresiies or to addresses other than those which constitute their legal residences
as specified by the addresses on the current Town of South old Tax roll!>:
J. Certain property ownel:, received IwtÍfì"cütion in .11] UNTI~fEL Yw,1Y. to wit,
they received NOTIFICA TION weeks after the anginal mailing, presullleélbly ill ¿¡
"ONE OFF" méll1l1er wbicb is a viol,1tion oftbe Notification guidelines üs set
down by the Stüte of New York and tbose Laws, C'odes, and/or procedures
codified by the Town of South old, New York.
4. G.ytain propel~Y owners were not sent tbe notification ccltified m,1i1 or did flat
sign a cCl1ified retum receipt.
A/oreover, ü discrepancy may have occured Ù] tbe Notification Process, to wit the
above-refèn>nccd Applicant has at vadous times applied for TWO diflt-rent types
of Change of Zone Requeiits - the first, a Request for a Change o/Zone ¡ivm R -40
to Hamlet DellSity (HD) and the second, a Request mr Zone Cbange liVJn R..40 to
Affi.mfélble Housing DistJict.
In addition, the Applicant, Ma Tine, Inc., in its lettcr to you dated July 23, 2001,
bas indicated tbat be/sbe proposes a "mÚ:ed use" fi.Jr the said refèrenccd propelt};
i.c. TEN oftbe proposed lots would be offèred under the provisions o{the Town
of Soutlwid AfTOldable Housing Prognun and the THREE remaining lot, are to
be retained by tbe deve/opel: IFthis is indeed the case, it would appear tlmt the
developer might need to make TWO applications for [1Jange of Zone and thüt
there should Iwve been TWO accurate NotificatioJl processes undelt,1lœll
simult¿[f]eously
We aI"(' determined that our riglits liS owners of property in the TOWJi of
SOli/hold, New York, be stringeJitly sllfeguarded and enforced, par/icular~v
by those Ùi elected and/or appointed positions. We expect that all Town Codes,
procedures, By-Law.c;, and guidelines regalding such Notification Procedures
and/or .my other motters as relates to Zoning changes orproposed Changeii of Use
of property be tòllowed FULLY TO THE LETTER OF THE LA J-v.
We also expect that this plVcess, and all fùture processes regarding this and al/
other matters which a/Teet our property dgbts w¡/l be supervised, reviewed,
appmvcd of: or othelwi'ie CHECKED AND DOUBLE CHECKli"fJ for
compliancc and accuracy by the Office o[the Town Clerk, and/or the TOWIl
Attomey(s). and/or any and all appropJiate BOaJds and/or Committees of'the
Town or Sout/wld which have jUlisdiction or review POWCl:'i in such matft:l:'.
The bwdcl1 should not be ours. ,1S property owners, to inJòl71] the Town of
Sout/wld, or its vazious Board!>~ Offices, or C'ommittees, oftbe errors, mistakes or
omissions m,1de in tbis or any otber matters which affèct Town Resldents. The
burdclI sits sqllmdy on tJ.oulders oftht.' TOlvn ofSoutllOend your oJìïcc.
IVe request that an explanation regarding our concems be pmlided by YOlll'
O/ìícc, or thilt oFt he Town Att0171CY, and presenter/, as soon as possible, [It ¿¡
meeting orthe Town Board, befòre ANY ADDITIONAL AC110N ItS TA10';N
ItlY THE TOWNBOARD WITH RESPECT 1V THIS APPLlCA TfON.
D' ¡cere/Y,
! OV¡J¿~/-
fc lrf~ ~Lfen
cc: Greg Yakaboski, Town Attomey
Town Sllpelvisor
Town Bomd
.
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T(m'lI OrSOllillUfd
PC CodehookJÒ,. Wil/{Io\l S
§ 100-50. Purpose.
The purpos" ,'Ith" .-'\flardable Housing (.-'\HDI District is to pro\id" th" opportunity \\ithin
certain areas ofth" town for the de\'dopmcnt ofhigh-densily housing tar Üunili"s of model' cue
tnt:Olllè.
§ 100-51. Delïuitious.
For the purpose of this .-\11icle, the 10110\\ ing t"nns. phrases and \\'L)!'ds shall have th" tallowing
lneatllngs:
CONSUMER PRICE INDEX -- The consumer priœ ind"x as published by the United States
Depar1ment of Labor. Bureau of Labor Statistics, lor the New York I\[etropolitan area.
DIRECTOR -- The Dir"C!or olCommunity De\'dopment lor the TO\\'n of South old.
MODERA TE-INCO~ IE F.-'\~IIL Y -- .-'\. family \\'hose aggregate annual income. including the
total of all current annual income ofdll family members ["xeluding th" "amIllgs of\\'orking
Lunily memb"rs und"r :lge I\\'enty-one (211] tì'om anv source whatsoevl'I' at the timc 01
applic:ltion for the purchase or lease of an affordable h"using unit or the purchase of an
unimprO\'ed aftardable lot. docs not exceed the income specilïed by resollltion of the Town
Board. [Amended 3-23-1993 by LL No. 3-1993: -+--+-1995 by LL. No 5-1995]
I\[ODERA TE-INCOI\[E FA~llL Y DWELLING UNIT --.-\ ,l\\clling unit resencd Ie)!' rent or
sale to a moderate-income family and tar \\hich the maxinllun monthly rent (exeluding lrtililies)
or the maxillHun initial sales price does not exceed thc maximum rent or maximum sales priœ
set forth in § IOO-56E h"reof. [n no "\',,nt shall th" purchaser of said dwelling unit be responsibl"
for the pay~nent of any utility hookup fees, including those customarily charged tor bringing
same from the lot line to the dwelling house. [.-'..mended 12-12-1992 by L.L No. 3-+-1992]
I\[ODERATE-INCOI\!E F.-'\I\!lL Y UNII\IPROVED LOT -- .-'\11 llI1improv"d lot rcs"ncd tor sale
to a moderate-income family and for which the maximum initial sales price, inclusive ofth" cost
of providing public watcr and/or public s,,\\'er service to the lot. do"s not exce"d the maximum
sales price Sd torth in § 100-56E hereof. Said "lll1improvetllot" shall mean a vacant parcel oí
real property designated:ls a lot on a tïled map. inelusi\'e of all utililics brought to th" prop"rty
lin". [Amended 12-22-1992 byL.L. No. 3-+-1992]
PERMANENT FIXED ThIPROVEMENT -- An impro\'ement to a lot or a modcrate-income
family d\\'elling unit which cannot be remo\'ed \\ithout substantial damage to pæmises or total
loss of value of saiel improvem"nts.
UTILITIES -- Electric, gas (ifpro\'ided to th" subdi\'ision¡, k1ephone and \\at"r. Cable\'ision
TUI\'ll O(Sow/101d
PC Codt-,f¡uok rin' tTïndi;!U
sh,dl bc' pro\ ilkd \\ ithc>ul ("SI ,.nly I" thc lut linL. [.-\dded I ~.~~ I 'i'ì~ I,,' L.L ['\" .;,)·1 ')')~J
§ 100-52. Applicability.
.\HD Districts shall be established by application to the Tlmn Board, pmsuant ID Ihc'
procedures hereinafter' specitied, on parœls of (and located \\'ilhin the tÒllo\\ ing elreelS:
.-\. Land within a oJ1e-halt~mile radius of the pOSI oftìcc's IUClIed in the II,uHldS nt' f\LlIlituL'k.
Cutehognc, Pecunic and Southold.
..
B. Land within a one-fOllrth-mik radius of the post oftiees located in the HamleIs "f East
Marion and Oricnt.
C. Land within one-tl1Ll11h (1/41 mile of the boundaries of the incorporated \lllage of Greenpon.
D. Land in such other arc as as shall be dL'signaIL'd by T,m'1 Buard róolutil)n c1tkr a publi,'
Ilearing thereon. upon ten (III) days' notice therèofby publical;,)]) in Ihe oftic'ialto\\'1
ne\\spapers.
§ 100-53. Use regulations.
In the AHD District, nu building or premises shall be used and nL) building ur p'Ln uI a building
shall be erected c,r altered which is arranged. intended or designed [(J he used. in whole or III pan.
for any use exCèpl the tolllm ing:
.-\. Permitted US<èS.
( I) One-family detached dwellings.
(2) Two-family dwellings.
(3) Multiple dwellings.
B. .\ccessory uses. Accessory uses as set tl) 'th in and regulated by ~ IUO-3l Clll. 121. 131, 141. I (>I
and (7) Oflhis chapter.
§ 100-54. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or alterèd
in the AHD District unless the same contonns 10 the tÖlIowing Bulk. .-\rea and Parking Schedule:
BULK. AREA AND PARKING SCHEDULE
Minimum
Sil\gle-Family
Two-Family
Multiple
,
.
.
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TOH'1l of S'OIl¡/W!d
PC Codcbookfor WilldcJ\\'s
Requirements Dwellings Dwell ings Dwellings
Total lot a,'ea (square feet) 10,000 20.000 40,000
Lot width (feet) 80 100 150
Lot depth (feet) 100 140 200
Front yard (feet) 35 35 45
1 side yard (feet) 15 15 20
Both side yards (feet) 25 30 40
Rear yarel (feet) 35 35 45
Livable floor area 850 600 600
(square feet per dwelling)
Off· street parking spaces 2 2 2
(per dwelling)
Land area (square feet 10,000 10,000 10,000
per dwelling unit)
Lot coverage (percent) 20";, 25% 25%
Budding height 35 35 35
number of stories 2 12 21/2 2 1/2
§ 100-55. Application procedure.
A. Application procedure. The prclcedLlre for planning and wning approval of any tÌJture
proposed de\clopment in an.-\HD Dislrict shall involve a three-stage revie\\' process as
follo\\'s:
(1) Appro\al by the T o\\'n Board of a preliminary developmenr concept plan.
(2) Approval of the tinal. detailed subdi\'ision plat by the Planning Board*
(3) The zoning reclassitication of a speci tic parcel or parcds of bnd for development in
accordance \\'i th that p lan*
*NOTE: The to\\'n shall, in all instances, process Subsection A(2) and (3) above
conculTenrly so as to enable the municipality to utilize a single SEQR.-\ process and
conduct a coordinated review of the entire application.
B. Application to the To\\'n Board for rezoning approval. Four (4) copies of the application tor
the establishment of an AHD District shall be tiled with the To\\'n Clerk, \\'ho shall submit a
copy to the Town Board at its next regular scheduled meeting. The application shall contain
at least the follo\\'ing infomlation:
( I) The names and addresses of the property o\\'ners and all other persons having an interest
in the property: the name and address of the applicant. if not the o\':ner; and the names
and addresses of any planners. engineers. architects. surveyors and all other persons or
finns engaged or proposed to be engaged to pertòml \\'ork and'or services \\'ith respect to
1
o
!(H' /I o(Soll/fwld
/-'( . ('UdL'/1l)O!l. ¡¡'I' ¡rflldlil\".\
Ihe project described in the appliealion.
12) If Ihe 'lpplieallI is IlUt Ihe l1\\ller of the propert). \\ riLIell aulh,'ri/cllil'll ,>(' Ilk "\\lkr ,"
OI\llerS autlwriLing Ihe applicant 10 submilthe applieClliullll1l behctl1' ,>('111(' 'HI Il(·r ,'"
O\\'tlcrs.
(3) .-\ wrilIen statement describing the nalure oflhe proposed project and h,m it \\'ill hL'
designed to fultìll the puqJOses of this Article, including its cOllsistencI \\,¡Ih the T')I\lI
1\laster Plan: an analysis of the site's relationship to adjoining propel1ies and the
surrounding neighborhood; the avatlability and adequacy of conllnunity factlilies and
utilities, including public \\'ater and public seller "stems. [0 selye the needs oflhe
project and the residents therein; the satèty and capacity of the strcet system in thc ,lrL'a
in rclation to the anticipated traftìc generated; and such other information as deemed
necessary by the To\\'n Board and or the Planning Board to en'lbil' them to prllperl)
rel'ie\\, and act upon the application.
(-l) .-\ \\ ri!ten statement describing the proposed methud uf 0\\ Ilership. ,\peraliun and
Tnaintenancc of all proposèJ C0I11t110n Lltililit:s, ¡IlL'luLling puhlic \\"alcr and S(,\\ \..T
facilities. and open land I,Kated \\'ithin Ihe l'ropused del cloplnenl.
15) .\ prdinlinary J~\ clùprncnt cOllcept plan Cor the proposed prüjc('L dra'.\ 11 t~) ~L L" )1l\'(:lliL't1l
sealc and including the follo\\'ing intonnalion:
(al The Iotal area "I' the property in acres alld square t'eel.
(b) A map of existing terrain c:onditions, inclLLding topugrapl1\ \\ ilh cl I ertlc,]l ,'Ulll,'ur
inten,tI of no nwre than t\\O 121 fed. identitìcatioll of soil 1I1'eo lincluding
\\'etlands), existing drainage features, major rock outcroppings, the extent u1' existing
wooded areas and other signi ticant vegetation, and other significant fcalLLn::'s uf the'
property.
(c) A site location sketch indicating the location of the properly \\'ith respect to
neighboring streets and propelties, including the names of all o\\'ners of properly
within five hundred (500) feet therefrom. as sho\\'n on the last completed [(1\\ n
assessment rol!. SLICh sketch shall also sho\\' Ihe existing zoning of the pmlkrIy and
the location of all zoning district boundaries in the slllTounding neighborhulK!.
(d) A preliminary site dC\'elopment plan indicating the approximate location, heighI and
design of all buildings, the atTangement of parking areas and access dri\'es and thè
general nature and location uf all other proposed site imprm emenIS, including
recreational facilities, landscaping and screening. the storm drainage system. \\'aler
and sewer connections. etc.
(e) A plan sho\\'ing the number. type and location of all proposed dwelling units and
unimpro\'ed lols to be resened for sale or lease Iü moderate-income families cll1d Il1e
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ratio of the same to all proposed d\\elling units and lots in the lk\'elopment.
If! A generalized time schedule for the staging and completion of the proposed
project. ENIII
(6) [Added 11-22-1991 by L.L. No. )4-11)1)2] Fees. NOI\\ilhstanding anything to the
contrary. the fees applicable !O AHD zoning application processes shall be as folio\\' s:
(a) There shall be no fee for the submission and consideration of a preliminary
development concept plan.
(b) The fee for change of zone shall bc five hundred dollars ($500.).
(c) The subdivision fees shall be assessed in the following manner: fifteen dollars ($15.)
for each proposed dwelling unit or five hundred dollars ($500.), whichever is ~'feater.
(d) The applicant shall be responsible tix any professional re\iew fees necessarily
incurred by Ihe to\\n in condllcting its coordinated review ofthc application.
C. RetètTal to Planning Board. Upon Ihc receipt of a propcrly completed applicaIion for thc
establislmlcnt of a new AHD District, one (I) copy of the application shall be retèrred to the
Planning Board for its review and rcpo11, and one (I) copy shall be retènùi to the Sllffolk
COllnty Planning Commission lor its re\iew and recommcndaIion. if reqllired by the
provisions oflhe Suffolk CLJllnty Chal1er. Within sixty (601 days from the date of the
Planning Board meeting at which slleh refetTal is rccei ved, the Planning Board shall report its
reeommendaIions to the Town Board. No action shall be taken by the Town Board until
rcceipt oflhe Planning Board n"port or the expiraIion LJfthe Planning Board review period.
whichever first ocellrs. Said review petiod lllay be extended by mutual eonsenI ()f the
Planning Board and the applicant.
D. Planning Board report. The Planning Board, in its report to the Town Board, may recommend
either approval of the application for the establishment of the AHD District, with or wilhout
modifications, or disapproval of said application. In the e\'ent that the Planning Board
recommends disapproval of said application, it shall state in its report the reasons for such
disapproval. In preparing its report and recommendations, the Platming Board shall gi\'e
consideration 10 the Townl\lastcr Plan, the existing and pennitted land uses in the area, the
relationship of the proposed design and location of buildings on the site, tramc cirClllation,
both on and oil the sile, the adequacy and availability of community faciliIies and utiliIies.
including public water and public sewer systems. to service the proposed development.
compliance of the proposed development with the standards and requirements of this Article,
the then-ClltTent need tor sltch housing and such othcr factors as may be rebted to the
PUlvoses of this Artic Ie.
E. TO\\n Board public hearing. Within forty-tiw (45) days ti'om the datc of the To\\n Board's
receipt of the Planning Board's rep0l1 and recommendation or the expiration of the Planning
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B,),lrd re\'ie\\ period. \\ hiche\'er lirst occurs. tile T,\\\ n Board shall hold a puhllc h('.u·in" ,\n
[he m~lller ,JI'òlahhshing an .-\IID Distt'ict on the propert\ des,.,-ih"d inth,' appli,·ctti,\[1. Such
hearing shall be: hdd upon the same notice as required by la\\' ti)l' ~unendl11ents I" the T,.\\ n
Zuning ~ lap and or Zoning Cude.
F. T o\\'n Board aClion.
I. I) Within forty-li\'e 1-+)) days after the date of the close of Ihe public hearing, Ihe 1,\\\ n
Board shall act either to appro\'e, appro\'e \\'ith modilicatiuns or disappro\c tllC
preliminary dewlopment concept plan and the apprO\'al or disapprO\'al of the
cstablishmenI of the AHD District applied for. Apprl)\'al or apprl)\'al \\ith nwditications
shall be deemed as authorily for the applicant to proceed with the detailed design of the
proposed de\'c!opment in accordance with such concepI plan and thè procedures and
requirements of this Article. A copy of the To\\'n Board's determination shall be tiled
\\'ith the Planning Board and a copy mailed to the applicant. ..\ copy shall also be tiled in
the To\\n Clerk's office. If such detennination appro\'es the eSlablishment of" ne\\ AIID
DistricI, the To\\n Clerk shall callse thc Ofticial Zoning ~!ap to be amended a"c"rdingl\'.
(2) Re\oeatiun: eXlension. r ,-\mended 12-22-19'12 by L.L. No. 3-1-19'121
la) Upon request to the TO\\'I1 Board on nUlice 10 the applicallI and t;Jr good cause
shl)\\ n, the èstablishment of an .-\HD District ma\ be rC\'(1kcd eighteen 11 S Il11unths
after said To\\n Board appro\'al thereoi'if\\'ork on [he site has not commenced or th,'
same is not being prOSccLLtcJ lú conclusion \\ ith reasonable liiligctlcc.
(b) The To\\'n Board. upon request of the applicant and upon gU'Jd cause bein,; sh,'\\\n,
may. in the exercise of its discretion, extend Ihe abO\e time period. In Ihe C\'Cfl[ (>I
the re\'ocation of approval as herein pro\'idcd. the AHD District shall be deemcd
re\'Oked. and the zonin,; classitication orthe property affected thereby shall r'('\'ert 10
the zoning classificalion that existed on the property rnunediatcly prior to the
establishment of the AHD District thereon, and the Town Clerk shall cause the
Oflìcial Zoning !\[ap to be amended accordingly.
G. Subdivision plat approval by the Planning Board. [Amended 12-22-1992 by L.L. No.
3-+-1992]
(1) No earthwork, site work, land cleating. construction or de\elopment activities shall take
place on any property within an AHD District except in accordance \\'ith a site plan
appro\'ed by the Plarming Board in accordance \\'ith the pro\'isions of this .-\rticle ,md in
accordance with the procedures and standards for site plan approval as set torth III
Article XX\' of this chapter.
(2) \Vhcrc a proposed de\'elopmcnt im ol\'es Ihe subdi\'isiun or resubdi\ ision of land, no
de\'c!opment shall proceed until the Planning Board has gramed tinal subdi\'ision plat
apprO\'al in accordance \\'ith the prl1\'isions of Chapter .-\ I (I(¡. Subdi\ision uf Land. ol'the
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Town Code.
§ tOO-56. General regulations and requirements.
A. Sewer and water. [n an AHD DistIict, public \Valer supply systems and/or public sewage
disposal systems shall be provided to serTe all dwelling units located therein.
B. CO\'enants and restrictions, In approving a preliminary development concept plan and/or the
establishment of an AHD District, the Town Board shall have the right to require the
applicant and/or the owner and all persons having an interest in the premises to execute an
agreement, in recordable form, containing such restrictions, covenants, tenns and conditions
as it deems necessary to accomplish the intent and purposes of this Article.
C. Provision for moderate-income tàmily dwelling units and unimproved lots.
(I) On land within an AHD District conlaining Ien (10) acres or less of land, not less than
forty percent ¡-IO"o) of the dwelling units aml.'or unimpro\'cd lots localed thcrcin shall be
reserved tc)r sale or lease to moderate incomc t[unilies.
(2) On land within an ,""HD Disniet containing more than ten (10) acres of land, not less
than tiny perCènt (SOu 0) of the dwelling units and/or unimpro\'ed lots therein shall be
reserved for sale or lease to moderate income families.
D. [,"-mended 5-S-l990 by L. L. No. ()-1990; 12-22-1992 by L.L No. 3-1-1992] Eligibility. [n
each .-\RD. the sale or leasc of dwelling units and unimproved lots reserved tì..)r
moderate-income hunilies who havc not had any ownership interest in any residence or
vacant lot for the past tiw (5) years shall be allocated on a priority basis. in the following
order:
(1) To eligible applicants who have resided and have had primary full-time employmenl of
either spouse, if applicable, within the Town of Southold for a period of at least one (1)
year at the time of their application.
(2) To eligible applicants who have either residcd or have had primary full-time
employment of either spouse, if applicable, within the Town of Southold for a period of
at least one (I) year at time of thcir application.
(3) To all other eligible applicants.
E. Maximum sales price and monthly rent shall be set by resolution of the Town Board, as
amended trom time to time. [Amended 3-23-1993 by L.L. No. 3-1993; -1--1-1995 by L.L. No.
5-1995]
F. Resale price of dwelling unils and unimproved lots,
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p( . Codchuok {()r lft/It/,)!i'.'.
III Dw~lIing units in an AIID District r~s~I'\'~d IÒr mùderalc'-ine\""e ICLlllilic's ma\ Ik rC'sc>!d
to Inodcratc-inCOlllL' Üunilic::;. prl)\-lLlcd that the In~l.\il1lLltll resale prlCL' lkl('s !hlt L'\I..'L'I.:d
the purehas~ Pliee plus the eùsI ùt'pcl'Inancnt tl'.:cd iml1l'<1\Ctnenls, adjuslèd tur the
incrcase in thc cùnsumer pric'~ ind~'.: during th~ p~riod ù!'c)\\ncrship ut'such d\\~lling
unit and such illlpro\'clllcnts piLLs reasonable anJ ncccssary resale C_\Ik'IlSl.':::'.
(2) Unimprov~d lùts in an AHD District r~s~t'\'~d lor tnod~rat~-incume LUllilic's mal' be
resold to moderat~-income f::unili~s, prol'id~d that the ma'.:itnutn resak price dc)e, not
nceed the pLtrchase price 01' such 101 adjusted tix the change in the consumer price indö
for the period during which such lot was mIned by the resale seller, plus reasonable and
necessmy resale e'.:penses.
(3) Where an unimproved lot in an AHD District reserved tor moderate-incùlllc Lunilics is
improved with a dwelling unit, the lIla'.:illlulll resale price shall be determined in thc
manner specified in § IUO-56F( I) hereof
(4) Notwithstanding the prol'isiuns of § I 00-56Fll), (2) and 131 hcreol; Ihe Dinxtùr ma)
authorize the resale ofa dwelling unit or unimproved lot röet'\'ed tòr mùderalè-inc'\""C
I,unilies at a price in excess of the ma'.:imum resak price spec'ilied in § IIHI-)hFill, (2,
anJ (3) hereD~~ undèr thè t~)llo\\ ing condilions:
lal ThaI the owner of such dwelling unit files an application with the Direell>r rùlucslin:2
appro\'al ùf such resale, setting fùrth in detail the c'akLtlation Ii)!' tllC dctcrminaIiun ,-,I
the maximum resale price, the proposed resale pricc and sllch othè[, inflH"Il1,.ttilH1 and
documentatiùn as the Director shall request.
(b) [Amendcd 12-22-1<)\)2 by L.L. No. 34-1992] ThaI the portion of the rèSale price in
excess of the ma'.:imulll allowable resale price shall be divid~d belw'een the resale
seller and the Im\11 in the fùllmling proportions:
Year of Resale Percentage Percentage
After Purchase to OWl\er To Town
1 st 00' 100"7,
'0
2ncl 20"7, 80a;
3rcl 400' 600-;
.0
41h 60"7, 400;
51h 80"7, 20'-~
61h 90"; lOL~
7th or beyûncl lOOe'; O'~
(c) All mùney reeeil'ed by Ihe town pursuant to the prol'isions of the preeçding
Suhsectiùn f(4)(b) shall be deposited in separale accounts and shall he exp~nded
only lor the pur1Joses 01' this Anicle in sLlch manner as shall be determined by the
Town Board.
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§ 100-57. Administration.
A. General duties of Director.
(I) The Director shall be responsible for the administration of llwelling units and
unimproved lots reserved for moderate-income t~\t1Ülies in all AHD Districts pursuant to
the provisions of this Article.
(2) The Director shall promulgate and maintain inf0l1llation and documentation of all
dwelling units and unimproved lots reser\'Cd tor moderate-income ((unities in all AHD
Districts; the number thereof available for sale or lease at al1 times; the sales prices and
monlhly rent for such dwelling units and lots: and the names and addresses of eligible
families desiring to purchase or lease the same, together with a priorily list of such
families. The Director shall maintain such other records and documents as shall be
required to properly administer the pro\isions of this .-\rticle.
B. Int.:rageney cooperation.
(I) Whene\'èr Ihe Town Board appro""s th.: eSlablishmmt of an AH D District, a copy of
such detennination shall be tiled \\ith the Building Inspector and thc Director, together
\\ ith a copy of any agr.:em.:nts and·or co\ .:nants notuing ther':lo.
(2) Whene\·.:r the Planning Board appro\'cs a subdivision plett and,'or a sik plan affecting
land within an AHD District, a copy thereof shal1 be filed with the Building Inspector
and the Director. togeth.:r \\'ith copies of any agreements and, or covcnants relating
thereto.
(3) Whenever the Building Inspector shal1 issue a building pennit, a cer1iiicate of occupancy
or any oth.:r permit or authorization affecting dwel1ing units and/or unimprmed lots
located in an A..HD District and reserved for sak or lease to moderate-income families, a
copy thereof shall be filed with the Director.
C. Procedure.
(1) Whenever the Building Inspector receives an application tor a cer1iticate of occupancy
for a dwelling unit or unimproved lot located in an AHD District and r.:served tor sale or
lease to moderate-ineom.: famili.:s, th.: Building Inspector shall tile a copy thereof with
the Director, who shall infonn the owner and/or person tiling such application of the
maximum sales price or monthly rent for such dwelling nnit or lot as well as eligibility
requiremenls for families seeking to purchase or lease such dwelling units or lots.
(2) No œrtiticate of occupancy may be issued by the Building Inspector until the Director
has supplied the Building Inspector \\ith the information provided lor in the preceding
subsection and the Building Inspector detennines Ihat Ihe issuance of the certiiicate ot
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Ihousand dollars I ~5.1 l11).1
B, Second ütlCIlSC and lor any ÜftCIlSC th('rcalÌ~r: by a lillc' 1)1" nüt [èSS than fi\-è thl)lIs~lIld lkdLlr~
I ~5.1)()(J." ~nd not morè than lèn thousand dollars 1<; 11/,11111.1.1 I~)r c',lèh l)ttcnsè.
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Southold T~ I>r6erdte community sewers, water, heat, utilities and other community services to all
buildings and structures on the premises; provided, however, that the plans for and the
location of the same shall be approved by the Pla¡ming Board.
§ 100-43, Bulk, area and parking regulations,
No building or premises shall be used and no building or pan thereof shall be erected or altered
in the Hamlet Density (HD) Residential District unless the same conforms to the Bulk Schedule
and Parking Schedule incorporated into this chapter, with the same force and effect as if such
regulations were set fonh herein in fullEN(3)
ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No. 6-1986;
amended 11-16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-1989EN(4)]
§ 100-50. Purpose.
The purpose of the Affordable Housing (ARD) District is to provide the opportunity within
cenain areas of the town for the development of high-density housing for families of moderale
mcome.
§ 100-51. Definitions.
For the purpose of this Article, the following lerms, phrases and words shall have the following
tneanIngs:
CONSUMER PRICE INDEX -- The consumer price index as published by the United States
Depanment of Labor, Bureau of Labor Statistics. for the New York Metropolitan area.
DIRECTOR -- The Director of Community Development for the Town of Southold.
MODERATE-INCOME FAMILY -- A family whose aggregate annual income, including the
total of all ClllTent annual income of all family members [excluding the eamings of working
family members under age twenty-one (21)] from any source whatsoever at the time of
application for the purchase or lease of an affordable housing unit or the purchase of an
unimproved affordable lot, does not exceed the income specified by resolution of the Town
Board. [A.mended 3-23-1993 by L.L. No. 3-1993; 4-4-1995 by L.L. No. 5-] 995]
MODER.", TE-1NCOl\fE F MIlL Y DWELLING UNIT -- A dwelling unit reserved for rent or
sale to a moderate-income family and for which the maximum monthly rent (excluding utilities)
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or the maximum initial sales price does not exceed the maximum rent or maximum sales price
set forth in § 100-56E hereof. In no event shall the purchaser of said dwelling unit be responsible
for the payment of any utility hookup fees, including those customarily charged for bringing
same from the lot line to the dwelling house. [Amended 12-22-1992 by L.L. No. 34-1992]
MODERATE-INCOME FAMILY UNI1\1PROVED LOT -- An unimproved lot reserved for sale
to a moderate-income family and for which the maximum initial sales price, inclusive of the cost
of providing public waler and/or public sewer service to the lot, does not exceed the maximum
sales price set forth in § 100-56E hereof. Said "unimproved lot" shall mean a vacant parcel of
real property designated as a lot on a filed map, inclusive of all utilities brought to the property
line. [Amended 12-22-1992 byL.L. No. 34-1992]
PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income
family dwelling unit which cannot be removed without substantial damage to premises or total
loss of value of said improvements.
UTILITIES -- Electric, gas (if provided to the subdivision), telephone and water. Cablevision
shall be provided without cOSl only to the lot line. [Added 12-22-1992 by L.L. No. 34-1992]
§ 100-52. Applicability.
AHD Districts shall be established by application to the Town Board, pursuant to the
procedures hereinafter specified, on parcels ofland located within the following areas:
A. Land within a one-half-mile radius of the post offices localed in the Hamlets of Maltituck,
CUlchogne, Peconic and Southold.
8. Land within a one-fourth-mile radius of the post offices located in the Hamlets of East
Marion and Orient.
C. Land within one-fourth (1/4) mile of the boundaries of the incorporated Village of Greenport.
D. Land in such other areas as shall be designated by Town Board resolution after a public
hearing thereon, upon ten (10) days' notice thereof by publication in the official town
newspapers.
§ 100-53. Use regulations.
In the AHD District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
A. Pennitted uses.
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(I) One-family detached dwellings.
(2) Two-family dwellings.
(3) Multiple dwellings.
8. Accessory uses. Accessory uses as set f0l1h in and regulated by § 100-31 C(l), (2), (3), (4), (6)
and (7) of this chapter.
§ 100-54. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered
in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule:
BULK, AREA AND PARKING SCHEDULE
Minimum Single-Family Two-Family Multiple
Requirements Dwellings Dwellings Dwellings
Total lot area (square feet) 10,000 20,000 40,000
Lot width (feet) 80 100 150
Lot depth (feet) 100 140 200
Front yard (feet) 35 35 45
1 side yard (feet) 15 15 20
Both side yards (feet) 25 30 40
Rear yard (feet) 35 35 45
Livable floor area 850 600 600
(square feet per dwelling)
Off· street parking spaces 2 2 2
(per dwelling)
Land area (square feet 10,000 10,000 10,000
per dwelling unit)
Lot coverage (percent) 20% 25% 25%
Building height 35 35 35
Number of stories 21/2 2 1/2 21/2
§ 100-55. Application procedure.
A. Application procedure. The procedure for platming and zoning approval of any future
proposed development in an AHD District shall involve a three-stage review process as
follows:
(1) Approval by the Town Board of a preliminary development concept plan.
(2) Approval of the final, detailed subdivision plat by the Planning Board.*
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(3) The zoning reclassification of a specific parcel or parcels of land for development in
accordance with that plan.*
*NOTE: The town shall, in all instances, process Subsection A(2) and (3) above
concurrently so as 10 enable the municipality to utilize a single SEQRA process and
conduct a coordinated review of the entire application.
S. Application to the Town Board for rezoning approval. Four (4) copies of the application for
the establislunent of an AHD District shall be filed with the Town Clerk, who shall submit a
copy to the Town Board at its next regular scheduled meeting. The application shall contain
at least the following infonnation:
(1) The names and addresses of the property owners and all other persons having an interest
in the propeny; the name and address of the applicant, if not the owner; and the names
and addresses of any planners, engineers, architects, surveyors and all other persons or
firms engaged or proposed to be engaged to perform work and/or services with respect to
the project described in the application.
(2) If the applicant is not the owner of the propeny, written authorization of the owner or
owners authorizing the applicant to submit the application on behalf of the owner or
owners.
(3) A written statement describing the nature of the proposed project and how it will be
designed to fulfill the purposes of this Article, including its consistency wilh the Town
Master Plan; an analysis of the site's relationship 10 adjoining properties and the
surrounding neighborhood; the availability and adequacy of community facilities and
utilities, including public water and public sewer systems, to serve the needs of the
project and the residents therein; the safety and capacity of the street system in the area
in relation to the anticipated traffic generated; and such other infornlation as deemed
necessary by the Town Board and/or the Planning Board to enable them to properly
review and aCl upon the application.
(.:I) A wtitten statement desctibing the proposed method of ownership, operation and
maintenance of all proposed common utilities, including public water and sewer
facilities, and open land located within Ihe proposed development.
(5) A preliminary development concept plan for the proposed project, drawn to a convenient
scale and including the following information:
(a) The total area of the propeny in acres and square feet.
(b) A map of existing terrain conditions, including topography with a venical contour
interval of no more than two (2) feet, identification of soil types (including
wetlands), existing drainage features, major rock outcroppings, the extent of existing
wooded areas and other significant vegetation, and other significant features of the
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property.
(c) A site location sketch indicating the location of the property with respect to
neighboring streets and properties, including the names of all owners of property
within five hundred (500) feet therefrom, as shown on the last completed town
assessment roll. Such sketch shall also show the existing zoning of the property and
the location of all zoning district boundaries in the surrounding neighborhood.
(d) A preliminary site development plan indicating the approximate location, height and
design of all buildings, the arrangement of parking areas and access drives and the
general nature and location of all other proposed site improvements, including
recreational facilities, landscaping and screening, the storm drainage system, water
and sewer connections, etc.
(e) A plan showing the number, type and location of all proposed dwelling units and
unimproved lots to be reserved for sale or lease to moderate-income families and the
ratio of the same to all proposed dwelling units and lots in the development.
(f) A generalized time schedule for the staging and completion of the proposed
project.EN1S)
(6) [Added 12-22-1992 by L.L. No. 34-1992] Fees. Notwithstanding anything to the
contrary. the fees applicable to AHD zoning application processes shall be as follows:
(a) There shall be no fee for the submission and consideration of a preliminary
development concept plan.
(b) The fee for change of zone shall be five hundred dollars ($500.).
(c) The subdivision fees shall be assessed in the following manner: fifteen dollars ($15.)
for each proposed dwelling unit or five hundred dollars ($500.), whichever is greater.
(d) The applicant shall be responsible for any professional review fees necessarily
incurred by the town in conducting its coordinated review of the application.
C. RefetTal to Planning Board. Upon the receipl of a properly completed application for the
establislmlent of a new AHD District, one (I) copy of the application shall be refetTed to the
Planning Board for its review and report, and one (I) copy shall be referred to the Suffolk
County Platming Commission for its review and recommendation, ifrequired by the
provisions of the Suffolk County Charter. Within sixty (60) days from the date of the
Plamling Board meeting at which such referral is received, the Planning Board shall report its
recommendations to the Town Board. No action shall be taken by the Town Board until
receipt of the Planning Board report or the expiration of the Planning Board review period,
whichever first occurs. Said review period may be extended by mutual consent of the
Planning Board and the applicant.
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D. Planning Board repon. The Planning Board, in its repon to the Town Board, may recommend
either approval of the application for the establishment of the AHD District, with or without
modifications, or disapproval of said application. In the event that the Planning Board
recommends disapproval of said application. it shall state in its repon the reasons for such
disapproval. In preparing its repon and recommendations, the Planning Board shall give
consideration to the Town Master Plan. the existing and permitted land uses in the area, the
relationship of the proposed design and location of buildings on the site, traffic circulation,
both on and off the site, the adequacy and availability of community facilities and utilities,
including public water and public sewer systems. to service the proposed development.
compliance of the proposed development with the standards and requirements of this Article,
the then-current need for such housing and such other factors as may be related to the
purposes of this Anicle.
E. Town Board public hearing. Within fony-five (45) days from the date of the Town Board's
receipt of the Planning Board's repon and recommendation or the expiration of the Platming
Board review period, whichever first occurs, the Town Board shall hold a public hearing on
the matter of establishing an AHD District on the propeny described in the application. Such
hearing shall be held upon the same notice as required by law for amendments to the Town
Zoning Map and/or Zoning Code.
F. Town Board action.
(I) Within fony-five (45) days after the date of the close of the public hearing, the Town
Board shall act either to approve, approve with modifications or disapprove the
preliminary development concept plan and the approval or disapproval of the
establishment of the AHD District applied for. Approval or approval with modifications
shall be deemed as authority for the applicant to proceed with the detailed design of the
proposed development in accordance with such concept plan and the procedures and
requirements of this Anicle. A copy of the Town Board's detetmination shall be filed
with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in
the Town Clerk's office. If such detennination approves the establishment of a new AHD
District. the Town Clerk shall cause the Official Zoning Map to be amended accordingly.
(2) Revocation; extension. [Amended 12-22-1992 byL.L. No. 34-1992]
(a) Upon request to the Town Board on notice to the applicant and for good cause
shown, the establishment of an AHD District may be revoked eighteen (18) months
after said Town Board approvallhereofifwork on the sile has not commenced or the
same is not being prosecuted to conclusion with reasonable diligence.
(b) The Town Board, upon request of the applicant and upon good cause being shown,
may, in the exercise of its discretion, extend the above time period. In the event of
the revocation of approval as herein provided, the AHD District shall be deemed
revoked. and the zoning classification of the propeny affected thereby shall reven to
7
.
.
Town ofSollthold
PC/Codebookfor Windows
the zoning classification that existed on the property immediately prior to the
establishment of the AHD District thereon, and the Town Clerk shall cause the
Official Zoning Map to be amended accordingly.
G. Subdivision plat approval by the PlamÜng Board. [Amended 12-22-1992 by L.L. No.
34-1992]
(I) No earthwork, site work, land clearing. construction or development activities shall take
place on any property within an AHD District except in accordance with a site plan
approved by the PlamÜng Board in accordance with the provisions of this Article and in
accordance with the procedures and standards for site plan approval as set forth in
Article XXV of this chapter.
(2) Where a proposed development involves the subdivision or resubdivision ofland, no
development shall proceed until the Planning Board has granted final subdivision plat
approval in accordance with the provisions of Chapter AI06, Subdivision of Land, of the
Town Code.
§ 100-56. General regulations and requirements.
A. Sewer and water. In an AHD District, public water supply systems and/or public sewage
disposal systems shall be provided to serve all dwelling units located therein.
B. Covenants and restrictions. In approving a preliminary development concept plan and/or the
establishment of an AHD District. the Town Board shall have the right to require the
applicant and/or the owner and all persons having an interest in the premises to execute an
agreement. in recordable form, containing such restrictions, covenants, tern1S and conditions
as it deems necessary to accomplish the intent and purposes of this Article.
C. Provision for moderate-income family dwelling units and unimproved lots.
(l) On land within an AHD District containing ten (10) acres or less ofland, not less than
forty percent (40%) of the dwelling units and/or unimproved lots located therein shall be
reserved for sale or lease to moderate income families.
(2) On land within an AHD District containing more than ten (10) acres ofland, not less
than fifty percent (50%) of the dwelling units and/or unimproved lots therein shall be
reserved for sale or lease to moderate income families.
D. [Amended 5-8-1990 by L.L. No. 9-1990; 12-22-1992 by L.L. No. 34-1992] Eligibility. In
each AHD, the sale or lease of dwelling units and unimproved lots reserved for
moderate-income tàmilies who have not had any ownership interest in any residence or
vacant lot for the past five (5) years shall be allocated on a priority basis, in the following
8
.
.
Town of South old
PClCodebookfor Windows
order:
(I) To eligible applicants who have resided and have had primary full-time employment of
either spouse, if applicable, within the Town of South old for a period of at least one (1)
year at the time of their application.
(2) To eligible applicants who have either resided or have had primary full-time
employment of either spouse, if applicable, within the Town of South old for a period of
at least one (1) year at time of their applicalion.
(3) To all other eligible applicants.
E. Maximum sales price and monthly rent shall be set by resolution of the Town Board, as
amended from time to time. [Amended 3-23-1993 by L.L. No. 3-1993; 4-4-1995 by L.L. No.
5-1995]
F. Resale price of dwelling units and unimproved lots.
(I) Dwelling units in an AHD District reserved for moderate-income families may be resold
to moderate-income families, provided that the maximum resale price does not exceed
the purchase price plus the cost of permanent fixed improvements, adjusted for the
increase in the consumer price index during the period of ownership of such dwelling
unit and such improvements plus reasonable and necessary resale expenses.
(2) Unimproved lots in an MID District reserved for moderate-income families may be
resold to moderate-income families, provided that the maximum resale price does not
exceed the purchase price of such lot adjusted for the change in the consumer price index
for the period during which such lot was owned by the resale seller, plus reasonable and
necessary resale expenses.
(3) Where an unimproved lot in an AHD District reserved for moderate-income families is
improved with a dwelling unit, the maximum resale price shall be detern1ined in the
manner specified in § 100-56F(1) hereof.
(4) Notwithstanding the provisions of § 100-56F(1), (2) and (3) hereof, the Director may
authorize the resale of a dwelling unit or unimproved lot reserved for moderate-income
families at a price in excess of the maximum resale price specified in § 100-56F(1), (2)
and (3) hereof, under the following conditions:
(a) That the owner of such dwelling unit files an application with the Director requesting
approval of such resale, setting forth in detail the calculation for the detern1ination of
the maximum resale price, the proposed resale price and such other information and
documentation as the Director shall request.
(b) [Amended 12-22-1992 by L.L. No. 34-1992] That the p0l1ion of the resale price in
excess of the maximum allowable resale price shall be divided between the resale
9
.
.
Town of South old
PC/Codebookfor Windows
seller and the town in the following proportions:
Year of Resale Percentage Percentage
After Purchase to Owner To Town
1st 0'" 100%
/0
2nd 20% 80%
3rd 40% 60%
4th 60% 40%
5th 80% 20%
6th 90% 10%
7th or beyond 100% 0%
(c) All money received by the town pursuant to the provisions of the preceding
Subsection F(4)(b) shall be deposited in separate accounts and shall be expended
only for the purposes of this Article in such manner as shall be determined by the
T own Board.
§ 100-57. Administration.
A. General duties of Director.
(1) The Director shall be responsible for the administration of dwelling units and
unimproved lots reserved for moderate-income families in all AHD Districts pursuant to
the provisions of this Article.
(2) The Director shall promulgate and maintain information and documentation of all
dwelling units and unimproved lots reserved for moderate-income families in all AHD
Districts; the number thereof available for sale or lease at all times; the sales prices and
monthly rent for such dwelling units and lots; and the names and addresses of eligible
families desiring to purchase or lease the same, together with a priority list of such
families. The Director shall maintain such other records and documents as shall be
required to properly administer the provisions of this Article.
S. Interagency cooperation.
(1) Whenever the Town Board approves the establishment of an AHD District, a copy of
such deternlination shall be filed wilh the Building Inspector and the Director, together
with a copy of any agreements and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting
land within an AHD District, a copy thereof shall be filed with the Building Inspector
and the Director, together with copies of any agreements and/or covenants relating
thereto.
10
.
.
Town of South old
PCICodebookfor Windows
(3) Whenever the Building Inspector shall issue a building pennit, a certificate of occupancy
or any other permit or authorization affecting dwelling units and/or unimproved lots
located in an AHD District and reserved for sale or lease to moderate-income families, a
copy thereof shall be filed with the Director.
C. Procedure.
(I) Whenever the Building Inspector receives an application for a certificate of occupancy
for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or
lease to moderate-income families, the Building Inspector shall file a copy thereof with
the Director, who shall inform the owner and/or person filing such application of the
maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility
requirements for families seeking to purchase or lease such dwelling units or lots.
(2) No certificate of occupancy may be issued by the Building Inspector until the Director
has supplied the Building Inspector with the infornlation provided for in the preceding
subsection and the Building Inspector determines that the issuance of the certificate of
occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or
unimproved lot in violation of the provisions of this Article.
(3) The Director shall certify the eligibility of all applicants for lease or purchase of dwelling
units and unimproved lots reserved for moderate-income families. An owner of dwelling
units and unimproved lots in an AHD District which are reserved for sale or lease to
moderate-income families shall not sell or lease the same to any person who does not
possess a certificate of eligibility issued by the Director. A violation of the provisions of
this subsection shall constitute grounds for the revocation of a certificate of occupancy.
(4) On or before March 31 of each year, the Director shall notify the owner or manager of
dwelling units and unimproved lots reserved for moderate-income families of the
monthly rent, sales price and income eligibility requirements for such units and lots
based upon data derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots reserved for
moderate-income families shall certify in writing to the Director, on or before May 31 of
each year, that the sale and/or lease of such dwelling units and lots comply with the
provisions of this Article and Chapter 100 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the
lease for such unit shall not exceed a tenn of two (2) years.
(7) An applicant for a certificate of eligibility aggrieved by any deternlination of the Director
shall have the right to appeal such determination to the Town Board at its next regularly
scheduled work session or to any standing committee of the Town Board designated by
resolution to hear such appeals. [Added 12-28-1990 by L.L. No. 31-1990]
11
.
.
1
. .
Town of South old
PCICodebookfor Windows
(8) The only covenants and restrictions which may even be placed upon any lot or dwelling
unit in an AHD District must be first approved by action of the Town Board. [Added
12-22-1992 by L.L. No. 34-1992]
§ 100-58. Applicability of other Code provisions.
All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with
the provisions of this Article shall be applicable in the AHD District.
§ 100-59.Penalties for offenses. [Added 12-22-1992 by L.L. No. 34-1992)
Any violation of any provision of this Article shall be punishable in the following manner:
A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five
thousand dollars ($5,000.).
8. Second offense and for any offense thereafter: by a fine of not less than five thousand dollars
($5,000.) and not more than ten thousand dollars ($10,000.) for each offense.
ARTICLE VI, Resort Residential (RR) District [Added 1-10-1989 by L.L. No.
1-1989EN(6)
§ 100-60. Purpose.
The purpose of the Resort Residential (RR) District is to provide opportunity for resort
development in waterfront areas or other appropriate areas where, because of the availability of
water and/or sewers, more intense development may occur consistent with the density and
character of surrounding lands.
§ 100-61. Use regulations.
In the RR District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
A. PemÜtted uses.
(I) Any pem1Ïtted use set forth in and as regulated by § 100-31A of the
Agricultural-Conservation District, except that wineries are excluded. [Amended
12
RECEIVED
.UNTY OP' SUFFOLK
.
JAN 2 4 :JJ2
Soulhold Town Clerk
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
JOSEPH T. SANSEVERINO
COMMUNITY DEVELOPMENT DIRECTOR
OFFICE OF COMMUNITY DEVELOPMENT
TO:
Consortium Municipalities
FROM:
Joseph T. Sanseverino
Community Development Director
DATE:
. May 16,2001
RE:
New 200 I Income Limits
Enclosed please find the new HUD income limits for the Community
Development Block Grant Program and HOME Program. These income limits are to be used in
your housing rehabilitation, public and senior citizen service programs and other direct benefit
activities. The income limits are effective as of May 10,2001.
Please inform your staff and public service providers of these new income limits.
Should you have any questions, please contact me.
JTS:rf
Enclosure
SUFFOLK COUNTY CONSORTIUM
FY 2001 INCOME LIMITS
FY 2001 Median Family Income
I-Person
2-Persons
3-Persons
4-Persons
5- Persons
6-Persons
7- Persons
8-Persons
$78,700
$44,100
$50,400
$56,700
$63,000
$68,000
$73,000
$78,100
$83,100
LOCATION
H. LEE DENNISON BL.DG... t 1 TH FLOOR
too VETERANS MEMORIAL HIGHWAY
+
MAIUNG ADDRESS
P.O. BOX 6100
HAUPPAUGE, NY t 1 788~OO99
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(631) 853-5705
TELECOPIER (631 ) 853- 5688
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ELIZABETH A. NEVILLE
TOWN CLERK
Tuwn I [all. 5300;') 1.1ain Road
P.O. Bl!x 1179
Snuthcild. Nt:',,\, y,)rk lU-Jil
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Telephon.:- 16;H, 765·1,s1)0
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REcaSll-L\.H OF \TL\L STATTSTIC'-:;
i\L\IUUAL~E UFFICER
HE CORDS ~L-\NAGE:\IENT OFFICEH
FREC:UO:lI OF INFURl\L-\TIOI\: UFFfrEl{
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 22,200 ¡
Re: Change of Zone Applications of:
MaTine,Inc
Mattituck Housing, LLC
Catherine Mesiano, President
Catherine tvIesiano, Inc.
Licensed Real Estate Broker
Real Estate Consultant
12 Mill Pond Lane
East Moriches, New York 11940
Dear Ms. Mesiano:
Enclosed please find copies of letters received from the SutTolk County Department of
Planning regarding your atTordable housing change of zone applications. In addition to the
zoning district, the maps must also show the land use, i.e. deli, oftice, etc. If your surveyor has
any questions on the preparation of these maps, he should contact Mr. Gerald Newman of the
Suffolk County Department of Planning at 853-5206.
Should you have any questions, [ may be reached at 63 ¡ 765-1800.
Very truly yours,
~~\~
Southold TO.....TI Clerk
cc: Southold TO.....TI Board
TO\\1! Attorney
G. Weiser
,
,
RECEIVED
.
COUN1Y OF SUFFOLK
.
JAN
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South old Town eler..
R:::8EFn J G-'-FFrIET
SLJFFGU<, cOUtJTY D<ECUTI', E
DEP....PTf-1ENT OF PLA.Nl'llr'IG
T~r,r.T':''':: I::'LEe". ÄICP
['I~E :,T:~,P '~'F PLQ¡tlltl!:-,
Januar~ L). 2002
To\\'n Clerk
To\\'n of Southold
Re: ,\pplication oì "I\la Tine. Inc." for a chan!?e of zone from R··W to
.-\HD at Greenpot1 in the TO\m oìSouthold (SCTI\[ #1000-35-1--1).
Gcntlemen:
Please bc alh'ised that pmsuant Ii' Sections -\ 1-1-1-1 Ii) 23 ,d' the Sut'J(>lk County
.\dmini,trati\·c Code, the ab.)\e caption"d ,lpplicalion \\'ill nllt bL' rè\ iC\led until the ¡"llo\\'ing
infonnatiün is suhmitted thr~)llgh the ntlìccs pfthc' l11unicipal referring: agenl.:Y.
I. An area map depicting land Ll:-ièS and zoning on and \\-ithin ~OCJ ft. of pren1i~ès;
Required int,mnalilHl rdali\'c !O thc SH)R.-\ pn,ecss:
3. Rec¡)nllnencbtions df the 10\\11 Planning Board; anJ
-I. A copy of alfordable housin!? criteria as e,tahli,hed by the 1'L\\\n Ick>ard.
,
Thank you.
Very truly yours.
Thomas Isles
Director of Planning
~J
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S's Gerald G. Ne\\'man
Chid Planner
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.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTR.-\R OF VITAL STATISTICS
~L,,"RRL,,"GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\L,,"TION OFFICER
.
Town Hal!, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax 1631' 765-6145
Telephone 1631,765-1800
sout hold to\'.'n. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Gentlemen:
January 7, 2002
TransmItted is proposed change of zone petition no.319 of MA TlNJ<: lNC. for a change
of zone from R-40 Low Density Residential District to AHD Affordable Housing District on
property located at Greenport, New York, SCTM# 1000-35-1-4. Please prepare an otÌÌcial
report defining the Planning Board's recommendations with regard to this proposed change of
zone and forward same to me.
Should you have any questions, please do not hesItate to contact me. Thank you.
Enclosure
cc: Town Board
Town Attorney
Very truly yours,
~a~
Elizabeth A. Neville
Southold Town Clerk
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF \"ITAL STATISTICS
~L-\RRIAGE OFFICER
RECORDS ~L-\N.""GEMENT OFFICER
FREEDOM OF INFORl\L-\TWN OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax ,.63J'i 765-6145
Telephone (63 I I 765-1800
southoldtown. northfor k. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLO\VING RESOLUTION NO. 837 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 4,2001:
WHEREAS a petÜion has been received from Ma Tine, Inc. for a change of zone from R-40,
Low Density Residential to AHD Affordable Housing District (AHD) on a certain property
located north of Countv Route 48. Greenport. New York and identified as SCTM# 1000-35-
01-04; now therefore, be it
RESOLVED that the Town Clerk be and she herebv is authorized and directed to transmit
this petition to the Southold Town Planninl! Board and the Suffolk Countv Department of
Planninl! for their recommendations and reports, all in accordance with the Southold Town Code
and the Suffolk County Charter.
p&¡-Ufa~ /tL
Elizabeth A. Neville
Southold Town Clcrk
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
~L-\RRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\L....TION OFFICER
Town Hall, 53095 J\!ain Road
P.O. Box 11 79
Southold, New York 119n
Fax (631) 765-6145
Telephone (631.1 765-1800
southold town. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 838 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 4, 200t:
WHEREAS Ma Tine, Inç., has proposed a chanee in zone for the propertv identified as
SCTM#tOOO-35-01-04 consistine of approximatelv 5.7 acres located on the north side of
CounlY Route. Greenport, New York; and
WHEREAS the proposed change of zone is from Low-Density Residential (R-40) to Affordable
Housing District (AHD); therefore be it
RESOLVED that the TO\m Board of South old hereby declares itselflead agency as there are no
other involved agencies, in regard to SEQRA; therefore be it
RESOLVED that the TO\m Board of the Town of South old herebv finds this to be an
UNLISTED action pursuant to SEORA Rules and RC2ulations.
~...tt.fa2;k ¡/¿.
Elizabeth A. Neville
Southold Town Clerk
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF YIT.-\L STATISTICS
M..lliRL>\GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\L-\TION OFFICER
Town Hall, 53095 1\Iain Road
P.O. Box 1179
Southold. New York 11971
Fax (6311 765-6145
Telephone \6311 765-1800
sou t hold town. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 839 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 4, 2001:
RESOLVED that the Town Board of the Town of Southold hereby engages the professional
services of Nelson, Pope & Voorhis to perform the SEQRA review for the proposed change of
zone from r-40, low density residential to AHD affordable Housing District (AHD) on a certain
property located north of Co un tv Route 48. Greenport. New York and identified as
SCTM#1000-35-01-04
11';"/lffa?:;k"..:løl-ú
Elizabeth A. Neville
Southold Town Clerk
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631\ 765-6145
Telephone (6311 765-1800
sou tholdtown. nort hfork. net
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS ~L-\NAGEMENT OFFICER
FREEDOM Of' INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 839 Of' 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 4, 2001:
RESOLVED that the Town Board of the Town of South old hereby engages the professional
services of Nelson, Pope & Voorhis to perform the SEQRA review for the proposed change of
zone from R-40, low density residential to AHD affordable Housing District (AHD) on a
certain property located north of Co un tv Route 48. Greenport. New York and identified as
SCTM#I000-35-0 1-04
~I'/I¥l~ ;tI~
Elizabetb A. Neville
Soutbold Town Clerk
.
~~
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</./ + '\.....
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\1.i\TION OFFICER
Town Hall. 53095 Main Road
P.O. Box 11 í9
Southold, New York U9n
Fax 1631ì í65-6145
Telephone (631) í65-1800
sou tholdtown. northfork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 838 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 4, 2001:
WHEREAS Ma Tine, Inc., has proposed a cban2e in zone for tbe property identified as
SCTM#1000-35-01-04 consistin2 of approximatelv 5.7 acres located on tbe nortb side of
County Route.. Green port, New York; and
WHEREAS the proposed change of zone is from Low-Density Residential (R-40) to Affordable
Housing District (AHD); therefore be it
RESOLVED that the Town Board of South old hereby declares itselflead agency as there are no
other involved agencies, in regard to SEQRA; therefore be it
RESOLVED that the Town Board of the Town of South old berebv finds tbis to be ao
UNLISTED actioo pursuRot to SEORA Rules Rod Reeulations.
~~ß.qa?;k-¡t¿-
Elizabetb A. Neville
Soutbold Town Clerk
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FHEEDOM OF INFORl\L".TION OFFICEH
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (6311765-6145
Telephone (631) 765-1800
sout holdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 837 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON DECEMBER 4, 2001:
WHEREAS a petition has been received from Ma Tine, Inc. for a change of zone from R-40,
Low Density Residential to AHD Affordable Housing District (AHD) on a certain property
located north of Co un tv Route 48, Greenport. New York and identified as SCTM#I000-3S-
01-04: now therefore, be it
RESOLVED that the Town Clerk be and she herebv is authorized and directed to transmit
this petition to the Southold Town Planninl! Board and the Suffolk Countv Department of
Planninl! for their recommendations and reports, all in accordance with the Southold Town Code
and the Suffolk County Charter.
~;~!.rIaQ~:J¿·
Elizabeth A. Neville
Southold Town Clerk
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~~vŸ
.
ELIZABETH A. NE\"ILLE
TOWN CLERK
Town HalL 53095 1\lain Road
P.O. Bùx 1179
Southold, New York lUJ';'l
FtL'C 16:31,1 76.5-0145
Telephone 1631.1 765-1800
RECISTP.....:-\R OF \"ITAL STATISllCS
~L-'.RRI~\GE OFFICER
RECORDS i\L\N.-'.GE~¡ENT OFFICER
FREEDOM OF INFOR~IATION OFFICEH
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 14,2001
Re: Change of Zone Applications of:
MaTine, Inc.;
Peconic Design & Construction, Inc.
Mattituck Housing, LLC
Catherine Mesiano, President
Catherine Mesiano, Inc.
Licensed Real Estate Broker
Real Estate Consultant
12 Mill Pond Lane
East Moriches, New York 11940
Dear Ms. Mesiano:
This is to acknowledge receipt of your three (3) letters inquiring the status of the above
three change of zone applications which you submitted to the Town. Please be advised that all of
the applications appear to be in order and have been receipted and copies of all distributed to the
Town Board.
I would like to bring to your attention that the date of December 5'\ that you mention in
your letters, for the next Town Board meeting is incorrect. The correct date for the next Town
Board Meeting is Tuesday, December 4, 2001 at 4:30 p.m. Your letters asking that these
applications be placed on the next Town Board agenda have also been distributed to the Town
Board and Town Attorney.
Should you have any questions, r may be reached at 631 765-1800.
Very truly yours,
~Q~
Elizaoeth A. Neville
Southold Town Clerk
cc: Southold Town Board
Town Attorney
G. Weiser
RECEIVED
.AmERINE MESIANO, INe. .
Lice/lsed Real Estate Broker
Real Estate Consultant
...
NOV 1 4":
South old Town CI.....
November 13,2001
Elizabeth Neville, Town Clerk
Town of South old
53095 Main Road
Southold, NY 11971
RE: Request for Change of Zone
SCTM #1000-35-01-04
5.7 A. n/s North Road
Greenport, NY
Applicant: MaTine, Inc.
Box 1925
Southold, NY 11971
Dear Mrs. Neville:
I am the agent for MaTine, Inc., the applicant and owner of the above referenced
property and have submitted an application for a request for change of zone.
Please advise as to the status of the application. I understand that the next
Town Board meeting is scheduled for December 5, 2001. I would like to know if
there are any deficiencies in the application that would preclude its' being placed
on the December 5 agenda.
Thank you for your attention to this matter.
Very truly yours,
f /)"
~.. '1/" ,
¿/c/Þßtú- .~
ca;herine Mesiano, President
12 Mill Pond Lane. East Moriches, New York 11940 . 631.878.8951
RECEIVED
&.THERlNE MESlANO, INe. .
Licellsed Real Estate Broker
Real Estate COllsultallt
NOI! 1 4
T
Southold Town (Iert.
November 13, 2001
Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road
Southold, NY 11971
RE: Request for Change of Zone
7.1-A w/s Factory Avenue
Mattituck, NY
SCTM # 1000-122-2-23.1
Applicant: Mattituck Housing, LLC
George Wieser, Secretary
P.O. Box 1251
Cutchogue, NY 11935
Dear Mrs. Neville:
I am the agent for Mattituck Housing, LLC, the applicant and contract vendee of
the above referenced property and have submitted an application for a request
for change of zone.
Please advise as to the status of the application. I understand that the next
Town Board meeting is scheduled for December 5,2001. I would like to know if
there are any deficiencies in the application that would preclude its' being placed
on the December 5 agenda.
Thank you for your attention to this matter.
Very truly yours,
"
/j //),
tÞ(/Æ;WM- /> ~'M
/
Catherine Mesiano, President
Enclosures
12 Mill Pond Lane. East Moriches, New York 11940 . 631.878.8951
RECEIVED
.ATHERlNE MESIANO, INC. .
NO\ 14
Licensed ReaL Estate Broker
ReaL Estate Consultant
T
Southold Town Cleli.
November 13. 2001
Elizabeth Neville. Town Clerk
Town of Southold
53095 Main Road
Southold. NY 11971
RE:
Change of Zone
5.58-acre parcel
56995 Main Road
Southold, NY
SCTM # 1000-63-3-18.1
Applicant: Peconic Design & Construction. Inc.
George Wieser, Secretary
P.O. Box 1251
Cutchogue, NY 11935
Dear Mrs. Neville:
I am the agent for Peconic Design & Construction, Inc., the applicant and owner
of the above referenced property and have submitted an application for a request
for change of zone.
Please advise as to the status of the application. I understand that the next
Town Board meeting is scheduled for December 5. 2001. I would like to know if
there are any deficiencies in the application that would preclude its' being placed
on the December 5 agenda.
Thank you for your attention to this matter.
Very truly yours,
¿~'0~
C~therine Mesiano, President
12 Mill Pond Lane. East Moriches, New York 11940 . 631.878.8951
,
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
To:
Southold Town Board
Town Attorney ~
Elizabeth A. Neville, Town Clerk ~~
MaTine Affordable Housing Change of Zone application
From:
Re:
Date:
10/19/01
The above application was returned to the applicant, Catherine Mesiano on three occasions, due
to incomplete application, incorrect description of property and lack of postal receipts on notices
to area property owners.
As of this date, I believe the application is correct and complete.
. -
: J
.
.
.
RECEIVE
~
5 2001
RECEIVED
C'CI 1 8
South old Town Cieri..
Southold Town CIeri.
~u..k- ~
,
~
Date: 10/19101
Transaction(s):
_ Town Of SouttlOlo
. P.O Box 1179
uthold, f·¡Y 11971
* * * RECEIPT * * *
Petition - Affordable House
Subdivision Fees - Up To & Including 33 Dwellings
Cash#: 1029
Name:
Ma, Tine Ine
Affordable Housing Application
Clerk 10: L YNDAB
.
Receipt#:
Total Paid:
1029
Subtotal
$500.00
$500.00
$1,000.00
InternallD: 50801
'.
RECEIVED
~ATHERINE MESIANO, INC. .
Licensed Real Eslale Broker
Real Eslale Consultanl
T
OCT 1 8 2001
SHtItol' Ton CIeri
October 17, 2001
Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road
South old, NY 11971
RE: Request for Change of Zone
SCTM #1000-35-01-04
5.7 A. n/s North Road
Greenport, NY
Applicant:
MaTine, Inc.
Box 1925
Southold, NY 11971
Dear Ms. Neville:
Pursuant to your direction, notices were mailed to Debra Scott and Spondakis, Kormos,
ano on October 11, 2001. The original certified mail receipts are enclosed.
Should you require any additional information, please do not hesitate to contact me.
Thank you for your attention to this matter.
Very truly yours,
, ./
. ¡ !
c~
/}7
/¡~
Catherine Mesiano, President
Enclosures
12 Mill Pond Lane. East Moriches, New York 11940 . 631.878.8951
-
----- ..-- -
..--..--.-
.
.
TOIYN BOARD. TOIYN OF sOUTHOLD
In the Malter of the Petition of
MA TINE, INC.,
NOTICE
TO
ADJACENT
PROPERTY OWNERS
to ,he Town Boord of ,he Town of South old.
TO:
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of South old to
requeH a change of zone from Low Density Residential R-40 District to Affordable Housinq
(AW) District.
2. That the property which is the subject of the Petition is located adjacent to your pfpp_~
cribed as follows: 69" C ' Route 48 Green art NY CTM UOOO-35-1- I 0
Road (Count Route 48); East of Dobler; uT of the Town of Southo1d
West of Sound Road and others. ~ '5"
.and is des·
of North
hers;
3. That the property which is the subject of such Petition is located in the following zoning district:
Low Density Residential R-40 District
4. That by such Petition, the undersigned will request tl1at the above-described property be placed in the
followin~ zone district classification: Affordable Housinq. (AHD) District
5. That within five days from the date hereof, a written Petition requesting the relief specified above wi!\
be filed in the Southold Town Clerk's Office at Main Road, southold, New York and you may [hen and there
examine the Same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matler by the
Town Board; that a notice of such hearing must be published at least ten days prior to [he date of such huring
in the Suffolk Times or in the Long Island Traveler·Mattituck Watchman, newspapers published in the Town of
South old and designated for the publication of such notices; that you or your representative have the right to ap-
pear and be he.1rd at such hearing.
Dated:
{iv", 2.3
..
2001
MA TINE, INC.
BY:~P/t·hZz;t
Petitioner Christine C. Hurtado, Pres.
Contract Vendee of Catherine E. T~sker
Post Office Address:
P.O. Box 1925
Southold, New York 11971
;.
~.
SCHEDULE A
.!..LL chat certain plot, piece or parcel of land, with th,,~
\)u i.ld.i.ngs and :lmprovements t:hereon erected, situar.e, lying and
):."j.nS1 near Greenport, :In the Town of Souchold, County of Suff".'!.k,
Slate of New York and bounded and described as follows:
<,t~ BEGINNING at a point on the no:r.·r.h<~rly line ot the Noni. lwad
",I1.l.c11 point of beginning is the southwesterly corner of the
p~GmiSeB herein described and the southeasterly corner of lands
now or formerly of Elizabeth T, Albertson and others; x~nniny
thence northerly é\long the easterly line of lands now or tOl-'tllerly
oE Elizabeth T. Albertson and others to the southerly line of
Ü;!\dø now or formerly of. Dorothy Barstow; thence easterly along
the southerly line of lands last mentioned and lands now or
tcn;'mm:ly of Herbert Fordham to the westerly line of Sound Road
or Avenue; thence southerty along the westerly line of sound .RQad
r-.(.~ L\nds now or formerly of Whitney; thence westerly and ag¿¡in
f;out:herly along the aforementioned lands to lands now or [ormer·l.:i
o' KRzyminski; thence westerly and again southerly along lands
last mentioned to the northerly line of the North Road; thence
westerly along the northerly line of North Road to the paine or
pla~e of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed by d(·;ed
,-!atc,d Dècember 11, 1989 and recorded in the Suffolk Couney
C.lerk's Office on April 10, 1990 in Liber 11049 Page 59.
~..
.
.
T13
T~
,PB
;;z.S"'I
'l". /tic A1..N 1'1
LAW OFFICES
WILLIAM WICKHAM
ERIC J. BRESSLER
ABIGAIL A. WICKHAM
LYNNE M. GORDON
JANET GEASA
WICKHAM, WICKHAM 8 BRESSLER.
10315 MAIN ROAD, P.O. BOX 1424
MATTITUCK. LONG ISLAND
NEW YORK 11952
P.C.
RECEIVED
631-298-8353
TELEFAX NO. 631-298-8565
MELVILLE OFFICE
275 BROAD HOLLOW ROAD
SLJITE III
MELVILLE. NEW YORK 11747
631-249-9480
TELEFAX NO_ 631-249-9484
I\!r\',/
\"";1
9
November 8. 2001
Southold Town CI.ri
Elizabeth A. Neville. Town Clerk
Town ot Southold
Post Office Box 1179
53095 Main Road
Southold. New York 11971
Re: Applicant: Ma Tine, Inc. - Request of Change of Zone Application
Premises: Sunset Conrt, Greenport, New York
SCTM#lOOO-35-1-4
Dear Ms. Neville:
Enclosed is the completed Full Environmental Assessment Form in connection with the
change of zone application.
Please advise as to the status of the matter.
Very truly yours,
¿j .
~ cfédl ¡jtcl¿k~.~
Abigail A. Wickham
A_-IW'dmc
t!11f.:!
30 shdtnclk
cc: C Mesiaflo
14-16·2 (9f95)-7c
.
.
SEaR
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent-
ly, there are aspects of a project that are subjective or unmeasureable. II is also understood that those who determine
significanΠmay have little or no formal knowledge of the environment or may not be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive il\ nature, yet flexible enough to allow Introduction of information to fit a project
or action.
full EAf Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given prOject and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 al\d 3.
Part 2: Focuses on idel\tifyil\g the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-
large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If al\Y impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions
Identify the Portions of EAf completed for this project: X Part 1 0 Part 2 oPart 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
il\formation, al\d cOl\sidering both the magl\itude and importance of each impact, it is reasonably determined by the
lead agency that:
'~ A. The project will not result il\ any large and important impact(s) and, therefore, is ol\e which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.
o B. Although the project could have a significant effect 01\ the environment, there willl\ot be a significant
effect for this Unlisted Action be<;ause the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative d~~laration will be prepared.'
o C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
, A Conditioned Negative Declaration is only valid for Unlisted Actions
-Name of Action
Town of Southold
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
RECEIVED
Signature of Responsible Officer in Lead Agency
Signature of Preparer(lf different from responsible officer)
NOV 9 ,_;,
Date
Southold Town Clerl
1
PART 1-PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining \...hether the action proposed may have a sIgnificant effect
on the environment Please complete the entire form, Parts A through E. Answers to these questions \\111 be r_:onsldt:-n~d
as part of the application for approval and ma)o be subject to further verification and public revie\v Provide: ant add¡tl0llill
information you believe will be needed to complete Parts 2 and 3.
It IS expected that completion of the full EAF will be dependent on information currently available and will not Invol;"
new studies, research or investigation If information requiring such additional work is unavailable, 50 indicate and specif\-
each instance.
NAME OF ACTION
LOCATION OF ACTION (Include Street Address, Municipality and County)
Sunset court, Greenport, Suffolk County (SCTM No. 1000-35-01-04)
NAME OF APPLICANT/SPONSOR ! BUSINESS TELEPHONE
Mr. John Hurtado, Sr. I )
ADDRESS
P.O. Box 1925
CITY/PO I STATE r liP CODE
Southold NY 11971
NAME OF OWNER (If different) I BUSINESS TELEPHONE
( )
ADDRESS
CITY/PO ~ STATE ~ZlPCODE
DESCRIPTION OF ACTION
Applicant proposes to subdivide a 248,929 s. f. parcel into (10)
lots, ranging in size from 15,000 to 16,000 s. f. . Each lot wi 11
be improved with single family dwelling, sanitary system,
driveway and landscaping.
= -j
=J
~
I
I
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project,
1 Present land use: DUrban
o Forest
2. T atal acreage of project area:
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
\'Vater Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type) Lawn and landscaping
h· d· ·1 Haven Loam
3. \V at IS pre ommant 501 type(s) on project site?
a. Soil drainage: Q(\.'Vell drained 100 % of site
o Poorly drained % of Site
b If any agricultural land is involved, how many acres of soil are classified within soil group 1
Land Classification System' N / A acres (See 1 NYCRR 370).
4 Are there bedrock outcroppings on project site? DYes ~No
a What is depth to bedrock' 600+ _ (in feet)
both developed and undeveloped areas
Dlndustria' DCommercial ŒResidential (suburban)
DAgriculture DOther
5.7
DRural (non·farm)
acres.
PRESENTL Y
AFTER COMPLETION
acres
acres
5.7
acres
1.5
acres
acres
~~__ acres
acres
acres
acres
acres
acres
acres
acres
1.00
3.20
acres
acres
acre.;
DModerately well drained
% of site
through 4 of the NYS
2
...... ,
.
,
.
S !\pprOXlnldte percentage or propose.iect site \\'ith slopes
Lll0-15% ~_ %
015% or greater ___ %
~O.10% 1 00 .~"
6 15 projE'cl substantially contiguous to. or contain a building, site, or dIstrict. listed on the State or the National
Registers .')f Historic Places? 0) £oS rxNo
7. Is project substantially contiguous to a site listed 011 the Register ot National Natural Landmarks?
8 What" the depth of the water table? 50+ (in feet)
DYes
œNo
CJ Is site located over a prlmar\,. principal, or sole source aquifer?
CXYes
DNo
10 Do hunting, fishing or shell fishing opportumties presently eXist in the project areal
DYes
!XI No
11 Does project site contain any species of plant or animal lif~ that is identified as threatened or endangered?
DYE's œNo According to Field inspection
Identify each species
12 Are there any
DYes
umque Dr unusual land forms on the project sitel fi.e, cliffs. dunes, other geological formations)
~No Describe
1 J. Is the proiect site presently used by the community or neighborhood as an open space or recreation area?
DYes 5(1 No If yes. explain
14. Does the present site include scenic views known to be important to the community?
DY,",s 5(1 No
15 Streams within or contiguous to project area None
d. Name of Stream and name of River to which it is tributary
16. Lakes. ponds, wetland areas within or contiguous to project area·
a. Name N/A
17. Is the SIte served by existing public utilitiesl ¡gYes DNo
a) If Yes, does sufficient capacity exist to allow connection?
b) If Yes, will improvements be necessary to allow connection?
b. Size (In acres)
~Yes
OOes
[JNo
DNo
18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? DYes IKINo
19 Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL. and & NYCRR &171 DYes IKINo
20. Has the site ever been used for the disposal of solid or hazardous wastesl
DYes
KINo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a Total contiguous acreage owned or controlled by project ~ponsor ~~ acres.
b. Project acreage to be developed. 5.7 acres initially, 4.2 acres ultimately.
c. Project acreage to remain undeveloped 1. 5 acres.
d Length of project, In miles: 0.1 (If appropriate)
e If the project is an expansion. indicate percent of expansion proposed ~ Nt^--- %,
f. Number of otf-street parking spaces eXisting ~~_; proposed 20
g Maximum vehicular tnps generated per hour 20 (upon completion of protect)?
h. If residential· Number dnd type of housing Units:
One Family Two Family
10
10
1\'lultlple Family
Condominium
Initially
Ultimately
i Dimensions (m feet) of largest proposed structure 30' height; 40 I \\Idth, _~~ length.
Linear feet of frontage along a public thoroughfare project \vill occupy is? ~~ ft
~---
3
\\'111 dl'::oturbt'd arf~a'i bl:- r('clillfllE'u'
d. It \b lor \\hd( mtt'nded pUrp05(' 17:> rht' silt:: tH.'lng rècld¡IllPdl
" t·,Hth. d( I \\ ill fw i"enHJ\t·¡J fr,-,¡n tllf! . t,.~
X I·Yt,~. L_:'N( , IN,:\
o
tqn~,".. ld)l\ \ ,dd,
:1 Ho\\ much naturdl mdteridl Ii t'
Landscaping
----
-.----
b \Vill topsoil be stockpiled tor rf'Clanlc1tlon? [XiYes UNo
( Will upper subsoil be stockpiled tor rf'clamatlon? ~1( Ye" [JNo
4 How manv acre" ot vegetation ¡'trees. shrub" ground covers) \-vill be rpmoved from site?
4.2
acres
5. Will any mature fore:;t (over 100 years old) or other local!y-important vegetation be removed by this projecU
lJ)cs ¡}5No
6 It smgle phase project. Anticipated period ot construction
12
months. (Including demolitIOn)
7. If multI-phased. N / A
a Total number of phases anticipated ~__ (number)
b. Anticipated date of commencement phase 1 _ month ~_~_ year, (including demolition)
c Approximate completion date of final phase month _ ')-'edr.
d. Is phase 1 functIonally dependent on subsequent phasesl DYes DNo
8. Will blasting occur during construction? DYes ~No
10
9. Number of jobs generated: during construction
; after project is complete
o
10. Number of ,obs eliminated by this project
o
11 Will project require relocation of any projects or facilities?
DYes
ŒNo
If yes, explain
12. Is surface liquid waste di5posal involved? Dyes ~No
a It yes, indicate type of waste (sewage, industrial, etc.) and amount
b Name of water body Into which effluent will be discharged
13. Is subsuriace liquid waste disposal involved' !9Yes DNo Type Sani tary eff luen t
14. Will surface area of an existing water body increase or decrease by proposal? DYes ~No
Explain
15. Is project or any portion of project located in a 100 year flood plain? DYes ggNo
16. Will the project generate solid waste' ŒYes DNa
a. If yes, what is the amount per month 1 '" 7 tons
b. Ii yes, will an existing solid waste facility be usedl JOYes L:No
If . Town of Southold Facility locatl'on
c yes. give name ;
d. Wi any wastes not go into a sewage disposal system or into a sanitary landfill?
e. If Yes. explain
DYes
~No
17. Will the project involve the disposal of solid waste'
a. If yes. what is the anticIpated rate of dlsposall
b. If yes, what is the anticipated sIte IIfe'
DYes l?JNo
tons/month
years
18. Will project use herbicides or pesticides?
CXYes
DNa (Household)
19. Will project routinely produce odors (more than one hour per day)? DYes iXlNo
20 Will project produce operating noise exceeding the local ambient noise levels?
K!Yes
DNo
22.
If yes, indicate type(s)
If water supplV IS from wells, indicate pumping capacity N / A
Total anticipated water usage per day _~_L~.~~~ gallons/day
increase In energy use? ~Yes D No
Heating oil, electricity,
gas
21 Will project result In an
gallons/minute.
(Maximum)
23
24 Does project inVOlVE' Local. Stdte or Federal funding'
If ).'es. explain ~_
DYes
UNo
----
4
c. Zoning and Planning Information
1 Does proposed action involve a planning or zoning decision?
If Yes, indicate decision required:
Dzaning amendment Dzaning variance Dspecial use permit XJsubdivision
Dnew/revisiofl of master plan Dresource management plan Dather
2 What is the zoning classification(s)of the site? B-1 Residence
J What is the maximum potential development of the site if developed as permitted bv the present zoning?
(10) Single family dwellings
B-1 Residence
~
,
, .
25, Approvals Required:
City. To"n, Village Board
City. Town. Village Planning Board
Citv, Town Zoning Goard
CitV. County Health Department
Other Local AgenCies
Other Regional Agencies
State Agencies
Federal AgenCIes
.
TVP_
Submittal
Date
[JYes ~No
¡¡¡¡Ves DNa
DYes ~No
!'<I Yes DNa
DYes ȧNo
DYes ŒlNo
DYes [jQNo
DYes rnNo
Subdivision
Subdivision sanitary
XJYes
[JNo
Dsite plan
5
What is the proposed zoning of the site?
What is the maximum potential development of the site if developed as permitted by the proposed zoning?
(10) Single family dwellings
4
6 15 the proposed action consistent with the recommended uses in adopted local land use plans? X]Yes DNo
7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action?
Residential
lots are proposed?
16,000 s.L
~Yes
10
8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile?
9. If the proposed action is the subdivision of land, how manv
DNa
10
a. What is the minimum lot size proposed?
Will proposed action require any authorization(s) for the formation of sewer or water districts?
XJNo
DYes
11 Will the proposed action create a demand for any community provided services (recreation, education, police,
Itre protection)1 ~Yes DNa
a. If yes, is existing capacity sufficient to handle projected demand?
I](ý es
DNa
12 Will the propo,ed action result in the generation of traffic significantly above present levelsl DYes I9No
a If Ves, IS the existing road network adequate to handle the additional traffiel DYes DNo
D. Informationël Details
Attach any additIonal information as may be needed to clarify your project. If there are or may be any adver~e
impacts associated with your proposal. please discuss such impacts and the measures which you propose to mitigate or
avoid them
E. Verification
I certify that the Information provided above is true to the best of my knowledge.
Apphcant/Sponsor ~ef-~~S W:... Bowman/Land Use Ecological Service!f)a:l(~· 10/16/01
Signature ~ Title Pres1dent
If the action is in the Coastal Area, and you are a state agency, complete the Coaslal Assessment Form before procet:diph
with this assessment
5
-
Re:.iJon~,ibilit~ "f t CMI !\g('I~q
OJECT IMPACTS AND THEIR p;I',NITUDE
Part 2-
Gener.}! Information IRedd l drl·tlilh
· In completing the torm tht> re\.'lè\.\'er "houle! b~' gUldE'o bv tl1f' qUf'stlc,n Ha.Vt' 111\' rc"pon-;p:. .¡nd deternlJ1ltltl'Jn- ¡'H"VII
reasonable? The re\iewE'r I) not E'\pected t(i b,_" élf1 expert prl\"ronlllental anal\st
· ldentiiving that an Impact wi!1 be pott":'rltldlh ItH¡;:t'- \..:.nlurnf! 2) doe,; not lllt.'dll that II. !S <11,0 nE'(E'ssarlh" significant.
Anv large impact must be E:Vtlluuted If; 1'.1\1<: 1 3 to determine slgnitlLanu' Identlt)!rIg Li!1 Impact In (olumn .? slmpl\
asks that it be looked at further
· The Examples f)fo\,ided are to i:h"ISt the rt-'\ï\.'\H'r by ")howing t\pt:·) ot impact.;; tine! \\her('\PI pos:ilb (' thp thrp·dwld (H
magnitude that would trigger d respoll;(> III (olunln 2. "lilt:' ('\dlllples arf' gelleral¡~ applicable throughout thf~ Strltt-' rind
tor most situation;., But, tOr any speCltic pro)t'ct or Sltt" other eXdmples and/or lo\\"('r thrf-':-holds Illrl\ hp a.PPIT¡¡dïi!t(>
for d Potential l.arge Impa(t respons£', thus reqllllïllg (,\dluc1tron in Part 3
· The Impacts of each project, on f:'ðch site. In each IOLdllt\, \\111 vary rheretore. th(> ~\.ampk'-; Me rllustrati\,€ and
have been offered as guidance They do not constitute an l'xhau-:.ti\ e list of Impacts and thresholds to an~\\,~r t'ach qLl(·~tl(H'1
· The number of examples per qUéstlon dop; not indicate the Illlportance of each qut:.'stlOtl
· In identifYing Impacts, consider long term, short term and CUI1llatlvP effects
Instructions (Read carefully)
a Answer each of the 19 questions in PART 2 Answer Yes ii there \vlll be any Impact
b. Maybe answers should be con':iidE'red as Yes answers
c. If answering Yes to a question thf~n check the appropriate box. (column 1 or 2) to mdicate tht:' putentl¿d ':>IL'~ at the
impact If impact threshold equals or exceeds any example provided, check column 2 Ii tmpact vvlll occur but thréshold
is lower than example, check column 1
d. If revie\\'er has doubt about size of the Impact then consider the impact as potentIally large and proceed to PART 3
e. If a potentially large impact checked in column 2 can be mitigated by change(s) In the project to ò 51llall to moderate
impact, also check the Yes box in column 3 A No response indICates that such d reduction 1<; not pos~ibk' This
must be exptainE'd in Part j.
IMPACT ON LAND
WiJl the proposed action re~Lllt in a physical change to the project site?
nNO O~ ES
Examples that would apply to column 2
· Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%
· Construction on land where the depth to the water table 15 less than
3 feet
· Construction of paved parking area for 1,000 or more vehicles
· Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface
· Construction that will continue for more than 1 year 01 invoke more
than one phase or stage.
· Excavation for mining purposes that would remove more than '1.000
tons of natural material (i.e., rock or soilj per year
· Construction or expansIOn ot a sallltdfY landfill
· Construction 111 a designated flood\\J.\
· Other trnpilct~
----------------- ----~--
------------
-------
2 vvllI there be an effect to any unique 01 unLlsualland torms found on
the sitel (t f:' clrtts, dune:', geological tormatrom, de JUNO ClYE5
· Spentic lemd forms _____._ ________
~- --- ----"--
- -- ----
6
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
n 0 [lYes LlNo
[] [1 Dhs ¡-I No
D [J O\es ¡-jNo
D [J DYes []No
0 0 LIYh I JNu
D D DYes []No
D lJ OY'.'5 ~JNo
II [] DY(·, I.JNn
1-1 U DYes [lNo
U II [.1\ (., -'No
,.
.
IMPACT ON WATER
3 VVill propo~ed a.ctlOn affect an\, \\'ater body designated as protectedl
(UnoPl" Article<; 'J 5, 24, 25 of the Em'!íOnlnentdl COr1~ervatlon Law, ECl)
[lNO LlYfS
l::~dmple5 Üldt would appl~· to column 2.
· Developabl~ aWd of SIte contains a protected \vater body
· Dredging mort' thdrl 100 cub ( yards of material from channel of a
protected <:.trc..un
· h.tf'I1Slûn ot utdltv dIstribution faclllttes through a protected water bod"
· lonstrllctlon In [1 designAted freshwater or tidal \\..etland.
· Other Impacts:
-~--------~---
4 Will proposed action affect any non-protected existing or new body
of "aterl DNO DYES
Examples that would apply to column 2
· A 10% Increase or decrease In the surface area of any body of vvater
or mort' thdll d 10 acre increasE' or decrease.
· Construction of a body of "vater that exceeds 10 acrE'S of surface area.
· Other imparts
---
5 \Vill Proposed Action affect surface or groundwater
quality or quantlt\1 DNO DYES
Examples that \-vould apply to column 2
· Proposed Action "ill require a discharge permit.
· Proposed Action requires use of a source of \vater that does not
have approval to serve proposed (project) action
· Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity
o Construction or operation causing any contamination of a water
supply system
· Proposed Action will adversely affect groundwater.
· Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate ca Jdcity
· Proposed Actlnn would use water In excess of 20,000 gallons per
day
· Proposed A( lit, I will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast to natural condltiom
· Proposed Action will require the storage of petroleum or chemical
products greater than 1 100 gallons.
· Proposed ActIon will allow residential uses in areas without \\later
and/or 5ewer services
· Propo~ed ActIon locates commercial and/or industrial uses which may
require nf'....... or expansion of existing \va,te treatment and/or storage
tacllltles
· Othf'r Irnpacts:____~_
--~---
-- ------
b \'\'111 proposed actIOn alter drainage flow or patterns, or surface
wdler runoff? ClNO DYES
Examples that would <lppl\- to column :!
· Proposed Action would change flood watf'r flows
7
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
D D DYes DNo
D D DYes DNo
D D DYes DNo
D 0 DYes DNa
D D DYes DNo
D D DYes ONo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNa
D D DYes DNa
D D DYes DNo
D D DYes DNo
[J D DYes DNo
D D DYes DNo
D D DYes DNa
D D DYes DNo
D D DYes DNa
D D DYes DNo
D 0 DYes DNo
· Prop0"tl'd -\(tlün ma'y' caLise substantIa! erosion.
· Proposeu Action IS IncompatIble \\.,ith existing drainage patterns
· Propo'-'l'd A,ctlon \\ 111 alIO\\ development In J designated flaadway
· Otht'·r Impact;" ____ .,______
--------.
IMPACT ON AIR
7 Will proposed action affect air qualtty' UNO rJYES
hamples that would apply to column 2
· Proposed Action will mduce 1,000 or more vehicle trips in any given
hour
· Proposed Action wilt result in the incineration of more than 1 ton of
refuse per hour.
· Emission rate of total contaminants will exceed 5 Ibs. per hour or a
heat source producing more than 10 million BTU s per hour
· Propo..ed action \\1111 allow an increase in the amount of land committed
to industrial use
· Proposed actIon will allo\'.' an Increase In the density of industrial
development \\.ithm exi~ting Industrial areas
· Other Impacts.
IMPACT ON PLANTS AND ANIMALS
8 Will Proposed Action affect any threatened or endangered
species' DNO DYES
hamples that would apply to column 2
· Reduction of one or ['Hore species listed on the New York or Federal
list. using the site, over Or near site or found on the site.
.. Removal of any portion of a cntical or significant wildlife habitat
· Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes
· Other Impacts·
9 Will Proposed Action substantially affect non-threatened or
non-endangered species' []NO rlYES
hamples that would apply to column 2
· Proposed Action would substantially interfere with any resident or
migrator)-, fish, shellfish or wildlife species
· Propo:,ed Action reqUires the removal of more than 10 aups
of mature forest (over 100 years of age) or other locally Important
vegetatIon
IMPACT ON AGRICULTURAL LAND RESOURCES
10 \\'Iil the Proposed Action affen agricultural land resources7
UNO UHS
b.amples that \\üuld apply to column 2
· lhf_' propo5f'd action would Sf'vpr cross or limit access to agricultural
Idnd (mcludp.., Cfopldnd, haytif'lds. pasture, vrneyarcl. orchard, etc J
8
.-
Small to
Moderate
Impact
lJ
[J
[J
[J
o
o
[J
o
[J
[]
[J
[J
o
[J
[J
o
11
2
Potential
Large
Impact
o
n
n
II
o
o
o
[J
o
[]
o
o
o
o
[J
[J
u
Can Im;act B6 ¡
Mitigated By
Project Change
U\e,
I 1\ es
Cl)t><;
L./\ e,
DNu
ONo
l~JN()
llNo
l-:hes UNo
DYes UNo
[lYes [JNo
DYes [lNo
[]Yes UNo
[lYes UNo
DYes
DYes
[lYes
DYes
[JYes
Dyes
I.J\,·;
ONo
UNo
ONo
ONo
[]NO
ONo
llNo
: .'
.
· ConstructIon activltv would eX(d\¡dte or compact the soil profile of
agricultural land.
· The proposed actIon \vould irrever."lbh,' convert more than 10 acres
of agricultural land or, If located In an Agricultutal District, more
than 2 =) acrt's ot agricultural land
· The proposed action would dIsrupt or prevent installation of agricultural
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to dram roorlv due to increased runoff)
· Other Impacts ~__
IMPACT ON AESTHETIC RESOURCES
11 Will proposed action affect aesthetic resources? DNO DYES
(If necessary, use the VISual EAF Addendum in Section 617.21,
Appendix S.)
Examples that would apply to column 2
· Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man,made or natural
· Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
· Project components that will result in the elimination ,or significant
screening of scenic views known to be important to the area.
· Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12 Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological Importance? DNO DYES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially
contiguous to Jny facility or site listed on the State or National Register
of historic pldL'"
· Any impact to UII archaeological site or fossil bed located within the
project site.
· Proposed Action \-vill occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
· Other impacts
IMPACT ON OPEN SPACE AND RECREATION
13 Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
hamples that would apply to column 2 DNO DYES
· The permanent foreclosure of él future recreational opportunity.
· A major reduction of an o¡:wn space Important to the community.
· Other Imparts __ ~_
9
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
D D D\es DNo
D D DYes DNo
D D D\es DNa
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes DNo
D D DYes C!No
0 0 DYes DNo
IMPACT ON TRANSPORTATION
1-1 \'\:111 there be an effect to f'xi'iting transportation 5\"tf:'m~?
DNO
Examples that would apply to column 2
· .-\Iteration of present patterns or Illo\·ement at pE'ople and/or goods
· Proposed r\ction \vill rbult in meljor trattlc problems
· Othr.·r Impact)
IMPACT ON ENERGY
DYES
~
2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] C DYes IINo
[J :.J Dy,·, I lNo
[J rJ Dy,·s l j ~~o
D D OYb !"lNn
D D [JYes UNo
D D DYes UNo
D D Dy,·, DNo
D C DYes ONo
D D [JYes UNo
D D DYes UNo
D D DYes DNo
[J D lJYe, DNo
D D DYes UNo
D D Dhs LlNo
D D DYes DNII
U [] DYt·s IlNl>
15 Wil proposed action Jfteet the cOlllmunity's sources of fuel or
energy supply' I'lNO DYES
Examples that would apply to column 2
· Proposed Action '..vill cause a greater than 5% Increase in the use of
any form of energy In the municipality
· Proposed Action will require the creation or extension of an energy
transmission or suppl'f system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.
· Other impacts:
NOISE AND ODOR IMPACTS
16 \'\'ill there be objectionable odors, noise. or vibration as a result
of the Proposed Action' DNO DYES
Examples that would apply to column 2
· Blasting within 1,500 feet of a hospital, school or other senSitIve
facility.
· Odors will occur routinely (more than one hour per day)
· Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures
· Proposed Action will remove natural barriers that would act as a
noise screen
· Other impacts:
IMPACT ON PUBLIC HEALTH
17 Will Proposed Action affect public health and safety'
DNO
Examples that would apply to column 2
· Proposed Action may cause a risk of explosion or release ot hazardous
substances (i e oil. pesticides, chemicals, radiation, etc ) in the event of
accident or upset conditions, or there may be a chromc lovv level
discharge or emission.
· Proposed Action may result in the bUrial of "hazardous wastes" in any
form (i.e toxic. poisonous, highly reactive, radioactive, irritating,
infectious, etc )
· Storag€' facilities for one million or more gallons ot IlqUlfied natural
gas or other flammable liquids.
· Proposed action may r('sult in the f'xcavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardou,>
waste
· Other impact':>
DYES
-------
----
10
;... f'
.
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
18 Will proposed action affect the character of the existing community?
DNO DYES
hamples that would apply to column 2
· The permanent population of the City, town or village in which the
project is located is likely to grow by more than 5%
· The municipal budget for capital expenditures or operating services
will increase by more than 5 % per year as a result of this project
· Proposed action will conflict with officially adopted plans or goa's
· Proposed action will cause a change in the denSity of land use
· Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community
· Development will create a demand for additIonal community services
Ie g. schools, police and fire, etc)
· Proposed Action will set an important precedent for future projects
· Proposed Action will create or eliminate employment.
· Other impacts'
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
D D DYes DNo
D D DYes DNa
D D DYes DNo
D D DYes DNa
D D DYes DNa
D D DYes DNa
D D DYes DNo
D D DYes DNa
D D DYes DNa
19 Is there. or is there likely to be, public controversy related to
potential adverse environmental impacts' DNO DYES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
DIScuss the following for each impact identified in Column 2 of Part 2:
1 Briefly descrrbe the impact
2 Describe (if applicable) how the Impact could be mitigated or reduced to a small to moderate impact by project change(s)
3 Based on the ",formation available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of the impact
· Its potential divergence from local needs and goals
· Whether known objections to the project relate to this impact.
(Continue on attachments)
11
..
. ,
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS IvL-'.NAGEMENT OFFICER
FREEDOM OF INFORIvL-\TION OFFICER
Town HaU, 53095 Main Road
P.O. Box 11 79
Southold. New York 11971
Fax (631) 765-6145
Telephone 1631i 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Re:
Robert I. Scott, Chairman, Board oMS
Elizabeth A. Neville, Town Clerk~
MaTine Change of Zone application
To:
From:
Date:
October 4, 200 I
Attached please find the notifications to adjacent property owners submitted for the second time for
the above application. Please verity from the current records in your office that the notices have in
fact been sent out to all of the property owners within the five hundred foot radius to the correct
addresses, and notity me in writing of your findings. Thank you.
:
,'." , "
Robert & Gail Ghosio, Jr.
135 Sunset Lane
Greenport, NY 11944
. Richard & Priscilla Horan
35 Sunset Lane
Greenport, NY 11944
. Robert & Charlotte Wissmann
715 Gull Pond Lane
Greenport, NY 11944
Donald Reeves
39 Sunset Lane
Greenport, NY 11944
Diane Mitchell
41 Sunset Lane
Greenport, New York 11944
Albert & Maryann Dinizio Trust.
44 Sunset Lane
Greenport, NY 11944
John P. Brady
115 Atlantic Avenue
Hempstead, NY 11550
ChristopherButterfield & Stacey
Pomara 36 Sunset Lane
Greenport, New York 11944
Henry Vanwyck & wf
34 Sunset Lane
Greenport, NY 11944
Vincent & Edna Quatroche
12 Sutton Place
Greenport, NY 11944
George & Mary Sabino
50 Sutton Place
Greenport, NY 11944
Ann Stanilaus
35 Sound Road
Greenport, NY 11944
Ann Stanilaus
35 Sound Road
Greenport, NY 11944
James & WfDinzio Jr.
39 Sound Avenue
Greenport, NY 11944
Mary Gabriel & Adrianne
Greenburg 2476 E. 18th St
Brooklyn, NY 11235
John H. Pedersen
P.O. Box 456
Greenport, NY 11944
Robert & WfKase
6751 2 10th Street
Bayside, NY 11364
Cynthia Harmon
170 West End Avenue
New York, NY 10023
Carol Mavity
350 Bleeker Street
New York, NY 10014
RECEIVED
/,:¿.";;J.5
OCT 5 LOQ1
South old Town CierI.
~4-(-2.,1
Sf ð ..,...i'1')(, s ~'Q;
.It- I
2',5- 4- - 17
~
lJe ~O~ .:.1, I/.~\ " ---l-
~~-"
7 or--,
"r I
0(' Co tin - ""-11 .
¥() I '~^'^ t~
Il)f.r' I", ~'6
:''J I ..,.
-'~"." ¡
:- ~ -",. f.,_.Þ
~'\ ~., ....... (.).,~J
\
\J . "
'., ~ d )/
~
I>-::.~v. t. f'
"- . \ \. () :..
I \ I --'
,
.' .
David W. Campbell
1121 Main Street
Greenport, NY 11944
Nelia C. Purnhagen
1055 Sutton Place
Greenport, NY 11944
Maria Regina
785 Sutton Place
Greenport, NY 11944
George E. Cottral
315 Sutton Place P.O.Box 15
Greenport, NY 11944
Jean Misuraca
68835 CR 48
Greenport, NY 11944
Timothy Mueller
515 W. 20th St. Second Floor
New York, NY 10011-2830
John Voiklis
1150 McCann Lane
Greenport, NY 11944
Vicent & Lara Liquori III
39 River Street
Sayville, Ny 11782
Alexandros Alexandrou
330 Victor Lane
Woodbury, NY 11797
Gregory A&Kristen Rishe
130 Tasker Lane
Greenport, NY 11944
. Jordon's Partners & ANO
801 Motor Parkway
Hauppauge, NY 11788
Nelia C. Javierre & As Trts.
1055 Sutton Place
Greenport, NY 11944
Mary Jane Groll
665 Sutton Place
Greenport, NY 11944
Henry Paul
236 North Road P.O. Box S
Greenport, NY 11944
Patrica Kohl & Sarah Costello
415 Wiggins Road
Greenport, New York 11944
Galantis Realty. LLC
28-19 35th St
Astoria, NY 11103
Mike G & Marika M Papas
700 McCann Lane
Greenport, NY 11944
Theophanis & WF Karakostas
160-02 Grand Central Pkwy
Jarnacia, NY 11432
Henry Hulse
450 Tasker Lane P.O. Box 155
Greenport, NY 11944
Michael & WfKourouklis
70 Tasker Lane P.O.Box 281
Greenport, NY 11944
.
Sue Ann Krieling
Box 211 236 North Rd.
Greenport, NY 11944
Thomas R. Watkins, Sr.
895 Sutton Place
Greenport, NY 11944
Andreas Lios & wf
992 Allie Road
N. Massapequa, NY 11758
I Eleftherios & Ors Pappas
30-22 34th Street
Astoria, NY 11103
Durwood & Patricia Browne Jr.
4 Middleton Road
Greenport, NY 11944
John & Victoria Helinski
9 Madison St.
Greenport, NY 11944
Bonnie M.Scott
10523 E. 43'd. St. #743
Kansas City, MO 64133
George & Katherine Figetakis
4407 Newtown Road
Astoria" NY 11103
Peter A. Verdirame & wf
7 Reid Ave
Port Washington, NY 11050
Tyner Loving Trust
31 Sunset Lane
Greenport, NY 11944
Marion Saccone
9 Sutton Place
Greenport, N.Y. 11944
Charles V. & W.F. Raynor
17 Sound Road
Greenport,NY 11944
Theodore & Maria Petikas
225 Stewart Avenue
Bethpage, NY 11714
Joseph D & WF Verity
32 Sound Road
Greenport, NY 11944
Francis & Jean Bubb
2064 Alamanda Dr. #25
Naples, Fl 34102
Lynne Carlson
18 Sound Road
Greenport, NY 11944
B.Moore & M. Kujawski
S.Conklin C/O M. Moore
110 Beaver St. Tyron, NC 28782
Harvey 8. Sinuta
755 North Road
Greenport, NY 11944
Gerasimow & WF Moulinas
62-11 37th Avenue
Woodside, NY 11377
Robert Bruce&Robert Hughes
1221 Main Street
Greenport, NY 1 1944
.
Ronald Pascale
79 Bar Beach Road
Port Washington,NY 11050
Antonis & Ellen Natsoulis
15 Sound Road
Greenport, NY 11944
Steve & WF Manouvelos
3053 Crescent St.
Long Island City, NY 11102
Jack and Edwina Skrezec
28 Sound Road
Greenport, NY I 1944
Scott McIntire & Lori Hollander
22 Sound Road
Greenport, NY 11944
William J. & Evelyn M. Heins
Trustees P.O. Box 232
Orient, NY 11957
Bobbi LaMonte
4321 Hempstead Tpke
Bethpage, NY 11714-5798
Jim Realty Co. c/o Kontokosta
43 W. 54th Street
New York, NY 10019
Frances Ferguson
66230 North Road P.O. Box 589
Greenport, NY I 1944
Robert W. Bruce
2085A Shipyard Lane
East Marion, NY 11939-1246
.
CatherineE. Tasker
3509 Brandon Way
Missoula, MT 59803
Sophie Raynor
17 Sound Road
Greenport, NY 11944
Stephen M. & Frances A. Dorris
301 E. 38th Street Apt.11D
New York, NY 10016
Elise S. Webb
26 Sound Road
Greenport, NY 11944
William S. Sinclair III & Jennifer
L. Sinclair 20 Sound Road
Greenport, NY 11944
Charles Jr. and wf
14 Sound Road
Greenport, NY 11944
Bobbi Zorn
4321 Hempstead Turnpike
Bethpage, NY 11714-5798
John S. Doroski, Jr.
12 Madison Street
Greenport, NY 11944
William Heaney
2426 N.E. 14th St.#80
Ocala, Fl 34470
James R. & Judith W. Woodhull
9 I 5 Shephard Drive
Southold, NY 11971
ÞI~¡I IIIliill,",·.I'''':'H''.'''''WJ''''- ' .
"r:rr;r::t:f(I Mail Only; No Insurance Coverage ProvIded)
,.,,-,~,-.-
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Postage $
I'.~ J .:
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Certlfiedl=ee
Return Receipt Fee
:ndol':3ementReC uired)
~estricted DeliveiY Fee
:c.dorsementReC ulrad)
postmark
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Ronald Pascale
79 Bar Beach Road
Port Washington,NY 11050
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postage iii
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Certified Fee
2~:O
1.50
pOstn'\ar\(
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KFOH31.,!
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[Endorsement R~
Reøb1c:ted Delivery Fee
(Endorsement Required) 3 ~ 9f.¡
E'_ !t.
1Qtal p--........ k
Catht:rineE. T as er
S..' 3S09 Brandon Way
š...' Missoula, MT 59\\03
or PO
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Clerk:
09/05/01
:C;ERTIFlED MAIL RECEIPT
(Domestic_Mail Only; No Insurar ....overage Provided)
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Marion Saccone
9 Sutton Place
Greenport, N. Y. 11944
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U.s. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage ProvIded)
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Total Postage & Fees J $ 2. 9~ J D9/D5/C'i
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f"o5tage ~ UNIT lD: 0940
C",rIlfledFEid L~~::l- Postmark
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Return RðCelp¡ Fæ \. .
(Enaorsement REiqulredl 1050-i
Raslricl",dOéH"/er'f'F;g8 I~ IClerk: KFOH3lJ
¡Endorsement ReqUired" ----1
. : ~e'-' "--.---. <-~o;hie Ra~~~r I <)9/05/0~
j luuu: I.' 17 Sound Road
t Srr
"uU' I ~' Greenport, NY 11944
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CERTIFIED MAIL RECEIPT
(Domestic IlIail Only: No Insurance Coverage Pmllicled)
Postage $
0.34
UNIT lD: 0940
Certified Fee
Z~10
1.50
Po._
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Cler-k: KFOH3V
Return ReceIpt Fee
(Er1dorsement RequIred)
Restricted Delivery Fee
(Endorsement Required)
Totalp,..........--.. ~---
;enlTc
· 3~ 9{¡ 09/05/01
Charles V. & W.F. Raynor
17 Sound Road
Greenport,NY 11944
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u.s. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage provided)
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UNn ID ~ 0940
Ü.34
Cer1lf'ed Fee \ . I'
. 2.1';
iE"d~'~;:'.;:"~t·~~g:,;.'o': \ 1 "50 l
Fleslnctea Oehe" Fee Clerk: KFOH1'J
~Endofsernent Requ·r8,~,
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Totalpo"t;t..e&Fßl!l!iI"" .....~,.'-I <,;,' ,.j
Antonis & Ellen Natsoulis
15 Sound Road
Greenport, NY 11944
PostlT",ark
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Jordon's Partners & ANO
801 Motor Parkway
Hauppauge. NY 11788
€ <j - 2 - I
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U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No InsuranCe Coverage Provided)
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I~STrCl(,. NY ,111C'2
PIJS1aç.<,- i'5. 0.34 i UNIT lIt: ()~'4Ü
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IEndor~err'f·nt Requlr~d ~__~~-º---_
Rso.m-:t"d Oell.er, ¡-«c I r-1-.-L.-' ¡/..F,'."lrn.,
!Er,ûor~err'en¡R6qu¡redi II ~....~r,... r·, n.....
CJ Total r- ~ "'~~~ I <I: 3.94 109/05/01
~ I S.M" Steve & WF ManouveIos
[:J f·s¡;,;,¡.- 3053 Crescent St.
"po Long Island City. NY 11102
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insu'-ancc:: Coverage ProvIded)
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. I c:J t· s" 2426 N.E. 14th 51.#80
; ;; .': Ocala. FJ 34470
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CERTIFIED MAIL RECEIPT
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F ranees Ferguson
66230 Ndrrh Road P.O. Box 589
Gre~nporr. NY 11944
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fetal'" _L·u ~ '-u_ I It- _.1.'::., Ilrr'll'\~ir
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
;::;1
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ne:>rr.c!ed Dell'erv Fec' I ---I
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Total Postage & Fees r .IJ:
Harvey B. Sinuta
755 Norrh Road
Greenport, NY I 1944
'I
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$
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TOI<lI Postage & Fees II 5) 334 I,G9/0'.i/()i
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverag€? ProvidedJ
Jim Realty Co. c/o Konrokosta
43 W. 54'" Street
New York. NY 10019
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109/05/01
Gerasimow & WF Moulinas
62-11 37th Avenue
Woodside, NY 11377
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-U.s: i'>õstal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail On(y; No fnsurance Coverage Provided)
--- ----- - ------ - -
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:Er':':.7'se,-:IÓ;,I' ,"!i':,~:JfeCI I ____ ~ .-
Tota1 Pc- .- ,- I' ct' 3.9'-i 09/05/01
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John S. Doroski. II.
12 Madison Street
Greenport, NY 11944
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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UNIT 1Ð: 0940
(¡ "14
ID: ()94~·
0.14
Gp..1,Î'eclF66
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I Clerk: KFOH3'i
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~etu'n R~e.pl Fee
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RastnCleO ell""", ee
íEndvlõ'en1ent RequiredJ I
I
Tolal Postage &. Fees I, $
1.50
~
:' Cler~:: KFOH3~
,
IOQ/05/01
3.94
Andreas Lios & \Vf
992 Allie Road
N. Massapequa. NY I 1758
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Bobbi Zorn
4321 Hempstead Turnpike
Bethpage, NY 11714-5798
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7 Reid Ave
Port Washington. NY ] 1050
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CERTIFIED MAIL RECEIPT
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ru IE,"a<Jrs~rr.9nt Rf-L L.m,-(J1 '___ 1.50 ¡
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~ I S,c' Michael & WfKouro~kl;;'"
::J t·s;;,;; 70 -:asker Lane P.O.Box 281
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CERTIFIED MAIL RECEIPT
(Domestic MaU Only; No Insurance Coverage Provided)
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P05iaiJ~ ~__ 0.34 ~IjNlT lD: 0'940
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,Endorsement Req\.lIre.J1 ~ 1.50 I
R~5tn(.teGI Deliver\; Fe,; L -1 rl _t.·. \u-'-~H<'J
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George & Katherine Figetakis
4407 Ne\\1own Road
Astoria" NY 11103
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U.S. postal Service
CERTIFIED MAIL RECEIPT
(Domestic M;J/I On/y; No IlIsurance Coverage Provided)
I;[(CUlf'Of:1. ' "
Pos!a<je II $ 0.3; U¡HT LD: 0940
I---~
Certlied Fe.. \
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John Voiklis
1150 McCann Lane
Greenport, NY 11944
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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George E. Comal
315 Sutton place P .0.Box 15
Greenport, NY 11944
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Gregory A&Kristen Rishe
130 Tasker Lane
Greenport, NY 11944
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CERTIFIED MAIL RECEIPT
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.. Tyner Loving Trust ,-i
31 Sunset Lane ',.......j
Greenport. NY 11944 /......j
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CERTIFIED MAIL RECEIPT
('Domestic Mail Only: No Insurance Co~'erage Provided)
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Postage r $ -----º-.34 ~Uf-n.T In: (1940
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9 Madison St.
Greenport, NY 11944
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4 Middleton Road
Greenpon. NY 1 J 944
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6751 210m Street
Bayside, NY 11364
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68835 CR 48
Grcenport. NY 11944
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39 River Street
SayviUe. Ny 11782
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Patrica KoW & Sarah CosteUo
415 Wiggins Road
Greenport. New York 11944
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30-22 34'h Street
Astoria, NY 11103
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515 W. 20m St. Second floor
New York, NY 10011-2830
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Robert & Gail Ghosio, Jr.
135 Sunset Lane
Greenport, NY 11944
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s 32 Sound Road -
; Greenport, NY 11944
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26 Sound Road
Greenport, NY 11944
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William S. Sinclair III & Jennifer
l L. Sinclair 20 Sound Road
f~ Greenport. NY 11944
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35 Sunset Lane
Greenport, NY 11944
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~ 28 Sound Road
;:; r::~~ Greenport, NY 11944
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2064 Alarnanda Dr. #25
Naples, Fl 34102
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34 Sunset Lane
Greenport, NY 11944
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15'" ChristopherButterfie1d & Stacey
Pomara 36 Sunset Lane
Greenport, New York 11944
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12 Sutton Place
Greenport, NY 11944
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:5 ""& 115 Atlantic Avenue
~ f~;;: He~pstead, NY 11550
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44 Sunset Lane
Greenport, NY 11944
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715 GuU Pond Lane
Greenport. NY 11944
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41 Sunset Lane
Gremport, New York 11944
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n or"S6ment RSOI;'rev, I j r.,(! ¡
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tEnoor3!:'ment F1 ' eF. I
eq,.Nedl ¡-- pei-""k: KFOH}!,J
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Donald Reeves
39 Sunset Lane
Greenport, NY 11944
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215 Stewart Avenue
Bethpagò\ NY 11714
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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, $ó"' Stephen M. & F ranees A:Ö(;IT¡;¡
l....... 301 E. 38'h Street Apt.1lD
New York, NY 10016
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Ann Stanilaus
35 Sound Road
Greenport, NY I 1944
!_ .~3 - <-i - 7"2.-
~~~~~ RECEIPT
(DomestIc Mall Only, No Insurance Coverage Provldedl
p·:,st'l".!r¡
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Postage' $ I
I---- O.3~ !I·,··.'.'IT 'I
"- 1'"' J.!: 0940
Certi 'eo Fee II ~ _
_ Retum ReceipT Fee j ¿~-1
\f:nclOrsement Required, ¡ "I t.".~ I
Res!r¡C:¡fiqDell~eryFee r~y
l'EnQ.:Jf5erf1ent Re~LJor", ',-,. ,
.. u I , ~J.er.-::: KFc.H3V
-- \~ - ~
~f. 94 J 09/05/01
George & Mary Sabino
50 Sutton Place
C".1l'eenport, NY 11944
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Greenburg 2476 E. 18'" St
Brooklyn. NY 11235
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John H. Pedersen
P.O. Box 456
Greenport, NY 11944
33 LI_ 7r
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CERTIFIED MAIL RECEIPT
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(Domestic Mail Only; No Insurance Coverage ProvidedJ
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f'.;"'s'r,,~t=j DeIJ.er, F>õe ¡----------l.-., .. .: , 'r
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Total Postage & Fees i ,q;
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-: -,f.
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James & WfDinzio Jr.
39 Sound Avenue
Greenport. NY 11944
If - 7),
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Certd'<;,d ~et'; ! _ 1
Return RCGeljJt Fee ,I ..: ~ 1 '~: J
,Ena()~!>mE-n! ReQUlredl I. ' "^
(\j L-..- 1....¡'.J
o AestrICteaOtol,\!€1ryFse I ---------1
C (EndorsernenlReqLJlredi I ,'-\;::..·l·· L'Fr'f¡-;!
CI ~ 1"<"'· " " "'
tJ Total Po'Stage &. Fees I $------;- 0::¡' -I tlC"r/M: ¡".1
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fT1 I Sent To
o ~.........
\ Street,,J
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Ann StaniJaus
35 Sound Road
Greenport. NY f 1944
3~-
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverc1ge provided)
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Thomas R. Watkins. Sf.
895 Sutton Place
Greenport, NY 11944
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Nelia C. purnhagen
1055 Sutton Place
Greenport, NY 11944
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U.S. Postal Service
CERTIFIED MAIL RECEIPT .
(Domestic Mall Only: No Insurance Coverage ProvIded)
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Nelia C. Javierre & As Trts.
1055 Sutton Place
GreenpOlt, NY 11944
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I UNIT In: OCJ40
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Gertlil6L1Fee
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u.s: PostillServ¡c~
CERTIFIED MAIL RECEIPT
(Domestic M::.J1l Only; No lnsumnce Coverage Provided)
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Total Postage & Fees $
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~ \S~"' David W, Campbell
o s 1121 Main Street
~ '~o~~. Greenport, NY 11944
......... Clr;'
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U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mall Only; No Insurance Cove-rage provided}
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Total postage & 'føtß \ $
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Cert.tied Fæ I
Return Rece'Pl Fee r 2.:: i
(E:nüof':lementRequlreo! ~~~~
Restncted Deuvery Fee
IEndlJrsement Required) : Clerk: KFOH3V
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Total Pn...t....A"¡:"".. :¡I¢: -¡q' I"c:;-!:"..
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0940
Robert W. Bruce
2085A Shipyard Lane
East Marion, NY \ 1939-\246
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Sue Ann Krieling
Box 211 236 North Rd.
Greenpoft, NY 11944
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insumnce Coverage Provided)
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.T 'f1 -þ;,,~~; l'..~_ Ü.J. C~Iï IIi: C>940
:- "::ènlf'e,jFG~
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Return ReceIpt Fé'~ 1---------· - - I
,EndorsementR"Iou,reOI I '!:""
'I-------'~~
Rastncled Der,ver, Fe;;; I
IEnuorsenlOntReqwredl I C1erl..· KF!)HJ\)
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'J Tota 3.94 '09/05/01
~ Is,,,' James R. & Judith W, Woodhull
J I~.,.¡;.;.~.'.; 915 Shephard Drive
Cd" Southold, NY I 1971
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CERTIFIED MAIL RECEIPT
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C&rt\i,~Fee-1 I
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RetlJrtt Receipt Fae I~ ]
¡Endorsement Requlreal 1.50
R~!;Trlcted Dell"eryFi:!e I I 1
I.Ettaorsen'"lem RequlreC!1 L-___--J CJ.E~rk: KFOI-I3V
Total Postage & Fees ! $ 3.94 !00/05/01
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Robert Bruce&Robert Hughes
1221 Main Street
Greenport, NY I J 944
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CERT!FJED MAIL RECEIPT
(Domestic Maíl Only; No Insurance Coverage
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~2 Sound Road
~reenport, N/ 11944
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U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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EndorsemenT P':1quredl
Total"'u'~ a r-_n Œ' ~~'.lyr I:F/;-'5,"~;1
B.Moore & M. hujawsh
I S,ot T S.Conklin C/O M. Moore
~.~,',':,..~s. 110 Beav;r St. Tyron, NC 28782
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CERTIFIED MAIL RECEIPT
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:J Tot-'''-_·_~~Q.O::...... r:;;-~-l["-'i.--,r::;'·11
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~ r:'" William 1. & Evelyn M. Heins .
, '," Trustees P () Box 23)
5(r¡ '. . _
~ f·D" Orient, NY 1] 957
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CERTIFIED MAIL RECEIPT
(Domestic Man Only; No Insurance Coverage Provided)
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CerM,ed Fed I
f ,.... '(> PQstmar~
RerU"l Rece,p'! Fee ....... ~ Hera
¡Endorsement Requlredl __ 1.50 I
Restricted Delivery Fee Îr.\- _I' ¡'FCIJ"¡
(EndorsememRequin~d, !--___~'"' ~tr:.._ 1\ I,.JV
Total P,..,..tM" A 1=....'" ! ¢. 3.94 Ifj0/0S./l)1.
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Maria Regina
785 Sutton Place
Greenport, NY 11944
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18 Sound Road
Greenpo11.. NY 119-14
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U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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Bobbi LaMonte
432 I Hempstead Tpke
Bethpage, NY 11714-5798
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
35 _ '_ ''2 \
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PC':H~" L:.. :.~ UNIT Ifi" (1[;6.(,
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P.io'tum R"'C~lp¡ Fè21 1-1"'-0:
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Tota~ 1(;~taoe&Fee$! $ :,..~4 I ()S'/Cõ5/f;i \
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14 Sound Road ~
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CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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RestJlcto:-dDelM'r, Fe", ~ Iq~r~' KftJH~l.,
IEndor5ementRequlred)~ I'"'·
Total PostaQe & Fee;; I $ 3.94 109/05/01
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5'" 665 Sutton Place
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CI '0;" Greenport, NY 11944
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GREGORY F. YAKABOSKI
TOWN ATTORNEY
.
JEAN W. COCHRAN
Supervisor
MARY C. WILSON
ASSISTANT TOWN ATTORNEY
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1889
Fax (631) 765-1823
E-mail: to\\'nattorney@southold.org
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORADUM
FROM:
ELIZABETH A. NEVILLE, TOWN CLERK
GREGORY F. YAKABOSKl, ESQ., TOWN ATTORNEY ø '\
MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY ~
OCTOBER 1, 2001
TO:
DATE:
RE:
MA TINE PETITION FOR CHANGE OF ZONE (revised application)
I have reviewed the application packet you forwarded and it
appears that the petitioner has included all necessary documents. However, I
can not comment as to whether substantive information is corrects such as
property description or directionals.
Thank you,
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
l\l-\RRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION O~'FICER
Town Hall, 53095 Main Road
P.O. Box 11 79
SouthoJd, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
RE:
Gregory F. Yakaboski, Town Attorney
Elizabeth A. Neville, Town Cler~
Ma Tine Inc. request for Change-~: affordable housing
TO:
FROM:
DATE:
9/20/01
Greg:
This application of Ma Tine Inc. was received today for the second time after being
returned for incomplete and inaccurate notification to adjoining property owners. Please
review this application and advise me if all documents are in proper form and order and
whether or not the application is suitable for acceptance.
Thank you.
Cc: Supervisor & Town Board
-
PIOF OF
MAILING OF NOTICE
.
NAME
ADDRESS
J...-L-L
,~ rr-:- .. é
~~
STATE OF NEW YORK;
COUNTY OF SUFFOLK;
55.:
"
l i1arLe..·l~-~-e r)~tehl~ residingar \..2- (n,il t"¡~'o-uJ k t::" rr¡'-'(L'~Ie-';,
'V 'I . being duly sworn, deposes and 53ys rha( on (he 1"1 J:',
of S '~T.......ru.>- «----- , ~.2.", 0 ¡ ,deponent moiled' ¡'ue copy of the No¡ice set forth on the re,e[Se
si:1e her~of, directed to each of the abov -named persons at the adôresses set opposite their respective names;
that rile Jùuresses set opposite the nJmes of said persons are (he .1iJdresses of said persons as sho'^n on toe .,;-ur-
rent Jssessment fO!! of the Town of SüuttlOid; that SJjj ,'-.JO[ICeS were mailed Jt ~he United SCJtes Post Offìc~ .1:
f;·.L/Y-i-- (YL~ rl~ I that SJld j''>/v(lces were ma¡]ed [0 eJch c.( 5.110 persons by Ice~[lfìeù
(registèfçj mail.
1J1~~'d
S......orn [~ ~c: {Itis
Ja ',' 0 f~.af
,
ól 0 IU<.-
, t<r~O..t
lty~--Q ~r~
r"-iotJrv Public
LINDA J. COOPER
Public State 01 New Vorl:.
~~.'k22563. Suf¡olk.~~!~.)¿,o 2---'
Term El<pi'O$ DecemD"' ,,1. -
"
~
.
TOWN BOARD. TOWN OF SOUTHOLD
In the Matter of the Petition of
MATINE, INC.,
NOTICE
TO
ADJACENT
PROPERTY OWNERS
to the Town Board of the Town of Southold.
TO:
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of South old to
request a change of zone from Low Density Residential R-40 District to .l'(ffordable Housing
(AHD) District.
.and is des-
of North
hers;
2. That the property which is the subject of the Petition is loc.ated adjacent to your
cribed as follows: 69 0 R te 48 Green 0 t NY CTM 1000-35-1-
Road (Count Route 48); East of Dobler; u1. of the Town of Southo1d
West of Sound Road and others. :S '5 c.. h
3. That the property which is the subject of such Petition is located in the following zoning district:
Low Density Residential R-40 Districc
4. That by such Petition, the undersigned ",iii request tnat the above-described property be placed in the
following zone district classification: Affordable Housinq:. (AHD) District
5. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the South old Town Oerk's Office <It Main Road, Southold, New York al\d you may then and there
examine the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on· the mattel' by the
Town Board; that a notke of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of
southold and designated for the publiC3tion of such notices; that you or your representative have the right to ap-
pear and be heard at such hearing.
Dated: ¡¡ va, ),3
OJ
2001
MA TINE, INC.
BY:~P/t.hM
Petitioner Christine C. Hurtado, Pres.
Contract Vendee of Catherine E. Tasker
Post Office Address:
P.O. Box 1925
Southold, New York 11971
·
.
e=ATHERlNE MESIANO, INCe
Licensed Real Estate Broker
Real Estate Consultant
'Y
September 5, 2001
Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road
Southold, NY 11971
RE: Request for Change of Zone
SCTM #1000-35-01-04
5.7 A. n/s North Road
Greenport, NY
Applicant:
MaTine, Inc.
Box 1925
Southold, NY 11971
Dear Ms. Neville:
I am the agent for Ma Tine. Inc. the applicant and contract vendee of the above referenced
property. The applicant is seeking a change of zone from the present zoning, R-40, to
Affordable Housing (AHD) District. The purpose of the proposed change of zone is to
enable the applicant to develop the site as an affordable housing project.
The need for affordable housing on the North Fork has been well documented. The site is
well situated to meet the criteria set forth in the Zoning Code for the AHD District, as it is
located approximately Y. mile from the boundary of the Village of Greenport. The area in
which the property is located consists of lots containing as little as 5500 square feet to
22,000 square feet.
The density allowed under the proposed change of zone would result in the creation of
twenty-four 10,000 square foot lots. It is the intention of the developer to limit the yield to 10
lots of approximately 15,000 square feet each and create a natural buffer of 1.5 acres. Ten
of the lots are to be offered under the provisions of the Town of Southold Affordable Housing
Program and the three remaining lots are to be retained by the developer.
Enclosed please find the following:
1. Application.
2. Petition.
3. Application fee in the amount of $1000.00.
4. Six copies of a radius map dated Aug. 1, 2001 prepared by Fox Land Surveying.
5. Owner's consent.
6. Transactional disclosure.
7. Certified mail receipts and mailing list.
iI· 5,. cop'..... "f p"I"",,,,,,, Ple>-t
Should you require any additional information, please do not hesitate to contact me. Thank
you for your attention to this matter.
Very truly yours,
~~
Catherine Mesiano, President
Enclosures 12 Mill Pond Lane. East Moriches, New York 11940 . 631.878.8951
.' .
,
~OOF OF MAILING OF NOTIC.
NAME
ADDRESS
'S......A-
~
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
ss.:
rllffie.v-L~-€... Mesl(.uU) residing at t~ m,ll Pv>u.\ l.... E·lY1on(1..~,
1'0 'I . being duly sworn, deposes and says that on the 5 day
of S ~É ~-">- ... , ~,.2o C> ,deponent mailed a true copy of the Notice set forth on the reverse
side hereof, directed to each of the abov·.-named persons at the addresses set opposite their respective names;
that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur-
rent assessment roll of the Town of Southoid; that said Notices were mailed at the United States POst Office at
f'.A.,J-. (Yl~ , t1~ ; that said Notices were mailed to each of said persons by (certified)
(registered) mail. (7 . . IìJ.
7~~' ~
Sworn to me this é/v
day of ~ ' ~-2=(.
~"'=(ì ~17,lA.-/
,
Notary Public
UNDA J. COOPER
Notary Public. State of Naw Yodc
No. 4e22563, Suffolk.~I~l1!Yc.I-= L.--
Torm EKpilG& December" 1. ~~
~'
.
T:.l):\' N l'.Q '\.~Q,.~o \~.ii.QLSQ1ŒJ:!.QJ D
In the ~1.l[[er of the Petition of
!.\~". "I" un: , fNC. I
NOTICE
TO
ADJACENT
PROPERTY OWNERS
tº.'l',,19.W!Lflº-i!!:£.QLthe Town of Southùld.
TO:
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the intention of the undersigned to petition the Town Board of the Town of SùutJ¡olJ [[J
reql ~~' <l .__,~.rl.1ngë of~~~ £rom~s..w Density Residential R-40 Distr~~¥!;f~:·ordõ'þll::'..J.~.~_:!_l:..~_.
~..JJ~l.L'.l_ .1.~}_~.LF i Sl.:-.._____ __~______._.__.______. .. _____ .._."_
'L 'D,at the property which is the subject of the Petition is loc.ned adjacent to your p-rpP'¢\W.¡u¡c! is des-
cribed a\ follows: 69125 COllll!;Y Route 48, Greenport, NL- SC'I'M fflOOO-35'1"l~.~t;...gJ:....!~,c':.L''-_
~~~ ~-.lS~:'~E~;2~.~ 48J.L.. East of Dobler i S ouT-H- of the Town of Sout.hold nd ÿt~he r::; ~_~.M'._._____~
~~~~::._>.J .?_~~l_lx¿Y_'2.~~Land _others. ~~ 5 c... 'ht:.cl~ le" h" -..~,--J..,---..____________.o_,__o_.____':_
'3. TIJat the property which is the stlbject of stich Pelition is located in the following zoning district:
__!"~',~:J.. D'::n~;i¥SY_ Rcsidenc.ial R-40 District ___~_____'__.o__~~_
_0._-
~, That by such Petition, the undersigned wdl request mat the above-<Jescribed property be placed in ¡he
follc)'.\ in;; l.üne district classitìcJtion: Affordable HOtlsinq. (AHD) (JistJ:ict ..._.__.____.._.._._.__.....__.____
0_._ oh__ _. .__o._.______~~_
__._____.~____.o.'" _00"__0 __ _0_
S. Th;u within five days from the date hereof, a written Petition requesting the relicf specified above ....ill
be fii,,¡ ill the SOllthold Town Clerk's Office at Main Road, South old, New York and YOLl may then and ¡¡,ete
examille the same during regular office hours.
6, That before the relief sought may be granted, a public heJring must be held on the matter by the
Town [3oJrd; that a notioe of such hearing must be published at least ten days prior t[) the date of SUc:h h"",ing
in the Suffolk Times 0'- in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of
Sùuthold alld designated for the publication of such notices; that you or your representa¡jve have the right (0 ap'
pear ~nd be /1card at such hearing.
D.Hed:_ .iJy.¡c. ;1.3 _.........1.- 2001
MA TJNE, INC.
By: ~P/ {h~___.___._
Petitioner Christine C. Hurtado. Pres.
Contract Vendee of Catht~:n.rt~ I~. l'...'iskcr
Post Office Address:
P.O. Box 1925
-__._~__'.__O"o~_.~___'_~~
Southo1d, New York 11971
____.__o_~_~.__
.
.
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and
being near Greenport, in the Town of Southold, County of Suffolk,
State of New York and bounded and described as follows:
~ BEGINNING at a point on the northerly line of the North Road
which point of beginning is the southwesterly corner of the
premises herein described and the southeasterly corner of lands
now or formerly of Elizabeth T. Albertson and others; running
thence northerly ~long the easterly line of lands now or formerly
of Elizabeth T, Albertson and others to the southerly line of
lands now or formerly of Dorothy Barstow; thence easterly along
the southerly line of lands last mentioned and lands now or
formerly of Herbert Fordham to the westerly line of Sound Road
or Avenue; thence southerly along the westerly line of Sound Road
to lands now or formerly of Whitney; thence westerly and again
southerly along the aforementioned lands to lands now or formerly
of Kszyminski; thence westerly and again southerly along lands
last mentioned to the northerly line of the North Road; thence
westerly along the northerly line of North Road to the point or
place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed by deed
dated December 11, 1989 and recorded in the Suffolk County
Clerk's Office on April 10, 1990 in Liber 11049 Page 59.
David W. Campbell
1121 Main Street
Greenport, NY 11944
Nelia C. Purnhagen
1055 Sutton Place
Greenport, NY 11944
Maria Regina
785 Sutton Place
Greenport, NY 11944
George E. Cottral
315 Sutton Place P.O.Box 15
Greenport, NY 11944
Jean Misuraca
68835 CR 48
Greenport, NY 11944
Timothy Mueller
515 W. 20th St. Second Floor
New York, NY 10011-2830
John Voiklis
1150 McCann Lane
Greenport, NY 11944
Vicent & Lara Liquori III
39 River Street
Sayville, Ny 11782
Alexandros Alexandrou
330 Victor Lane
Woodbury, NY 11797
Gregory A&Kristen Rishe
130 Tasker Lane
Greenport, NY 11944
.
Jordon's Partners & ANO
801 Motor Parkway
Hauppauge, NY 11788
Nelia C. Javierre & As Trts.
1055 Sutton Place
Greenport, NY 11944
Mary Jane Groll
665 Sutton Place
Greenport, NY 11944
Henry Paul
236 North Road P.O. Box S
Greenport, NY 11944
Patrica Kohl & Sarah Costello
415 Wiggins Road
Greenport, New York 11944
Galantis Realty. LLC
28-19 35th St
Astoria, NY 11103
Mike G & Marika M Papas
700 McCann Lane
Greenport, NY 11944
Theophanis & WF Karakostas
160-02 Grand Central Pkwy
Jarnacia, NY 11432
Henry Hulse
450 Tasker Lane P.O. Box 155
Greenport, NY 11944
Michael & WfKourouklis
70 Tasker Lane P.O.Box 281
Greenport, NY 11944
.
Sue Ann Krieling
Box 211 236 North Rd.
Greenport, NY 11944
Thomas R. Watkins, Sf.
895 Sutton Place
Greenport, NY 11944
Andreas Lios & wf
992 Ailie Road
N. Massapequa, NY 11758
I Eleftherios & Ors Pappas
30-22 34th Street
Astoria, NY 11103
Durwood & Patricia Browne Jr.
4 Middleton Road
Greenport, NY 11944
John & Victoria Helinski
9 Madison St.
Greenport, NY 11944
Bonnie M.Scott
10523 E. 43'd. St. #743
Kansas City, MO 64133
George & Katherine Figetakis
4407 Newtown Road
Astoria" NY 11103
Peter A. Verdirame & wf
7 Reid Ave
Port Washington, NY 11050
Tyner Loving Trust
3 1 Sunset Lane
Greenport, NY 11944
Marion Saccone
9 Sutton Place
Greenport, N.Y. 11944
Charles V. & W.F. Raynor
17 Sound Road
Greenport,NY 11944
Theodore & Maria Petikas
225 Stewart Avenue
Bethpage, NY 11714
Joseph D & WF Verity
32 Sound Road
Greenport, NY 11944
Francis & Jean Bubb
2064 Alamanda Dr. #25
Naples, Fl 34102
Lynne Carlson
18 Sound Road
Greenport, NY 11944
B.Moore & M. Kujawski
S.Conklin C/O M. Moore
110 Beaver St. Tyron, NC 28782
Harvey B. Sinuta
755 North Road
Greenport, NY 11944
Gerasimow & WF Moulinas
62-1137'" Avenue
Woodside, NY 11377
Robert Bruce&Robert Hughes
1221 Main Street
Greenport, NY 11944
.
Ronald Pascale
79 Bar Beach Road
Port Washington,NY 11050
Antonis & Ellen Natsoulis
15 Sound Road
Greenport, NY 11944
Steve & WF Manouvelos
3053 Crescent St.
Long Island City, NY 11102
Jack and Edwina Skrezec
28 Sound Road
Greenport, NY 11944
Scott McIntire & Lori Hollander
22 Sound Road
Greenport, NY 11944
William 1. & Evelyn M. Heins
Trustees P.O. Box 232
Orient, NY 11957
Bobbi LaMonte
4321 Hempstead Tpke
Bethpage, NY 11714-5798
Jim Realty Co. c/o Kontokosta
43 W. 54th Street
New York, NY 10019
Frances Ferguson
66230 North Road P.O. Box 589
Greenport, NY 11944
Robert W. Bruce
2085A Shipyard Lane
East Marion, NY 11939-1246
.
CatherineE. Tasker
3509 Brandon Way
Missoula, MT 59803
Sophie Raynor
17 Sound Road
Greenport, NY 11944
Stephen M. & Frances A. Dorris
301 E. 38th Street Apt.llD
New York, NY 10016
Elise S. Webb
26 Sound Road
Greenport, NY 11944
William S. Sinclair III & Jennifer
L. Sinclair 20 Sound Road
Greenport, NY 11944
Charles Jr. and wf
14 Sound Road
Greenport, NY 11944
Bobbi Zorn
4321 Hempstead Turnpike
Bethpage, NY 11714-5798
John S. Doroski, Jr.
12 Madison Street
Greenport, NY 11944
William Heaney
2426 N.E. 141h St.#80
Ocala, Fl 34470
James R. & Judith W. Woodhull
915 Shephard Drive
Southold, NY 11971
.
Robert & Gail Ghosio, Jr.
135 Sunset Lane
Greenport, NY 11944
Donald Reeves
39 Sunset Lane
Greenport, NY 11944
John P. Brady
115 Atlantic Avenue
Hempstead, NY 11550
Vincent & Edna Quatroche
12 Sutton Place
Greenport, NY 11944
Ann Stanilaus
35 Sound Road
Greenport, NY 11944
John H. Pedersen
P.O. Box 456
Greenport, NY 11944
Carol Mavity
350 Bleeker Street
New York, NY 10014
.
Richard & Priscilla Horan
35 Sunset Lane
Greenport, NY 11944
Diane Mitchell
4 I Sunset Lane
Greenport, New York 11944
ChristopherButterfield & Stacey
Pomara 36 Sunset Lane
Greenport, New York 11944
George & Mary Sabino
50 Sutton Place
Greenport, NY 11944
James & WfDinzio Jr.
39 Sound Avenue
Greenport, NY I 1944
Robert & WfKase
6751 2 10th Street
Bayside, NY 11364
.
Robert & Charlotte Wissmann
715 Gull Pond Lane
Greenport, NY 11944
Albert & Maryann Dinizio Trust.
44 Sunset Lane
Greenport, NY 11944
Henry Vanwyck & wf
34 Sunset Lane
Greenport, NY 11944
Ann Stanilaus
35 Sound Road
Greenport, NY I 1944
Mary Gabriel & Adrianne
Greenburg 2476 E. 18th St
Brooklyn, NY 11235
Cynthia Harmon
170 West End Avenue
New York, NY 10023
.
TOWN BOARD TOWN OF SOUTHOLD
.
In the Matter of the Petition of
MATINE, INC.,
I"
NOTICE
TO
ADJACENT
PROPERTY OWNERS
to the Town Board of rhe Town of Southold.
TO:
~h MJd'~;:é
4~/~"
Y7~ ~~.
I
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to
request a chanqe of zone from Low Density Residential R-40 District to Æffordable Housinq
(AHD) District.
2. That the property which is the subject of the Petition is 10C4ted adjacent to your pI
cribed as follows: 69 R ute 48 Green ort NY CTM 1000-35-1-4
Road (County Route 48); East of Dobler; 5 o",T~. of the Town of Southold a
West of Sound Road and others. :5e.~ Sc..'h.~r}¡J\II" Jitr"- c~\ll!'''''
.and is des-
o of North
others¡
3. That the property which is the subject of such Petitiol\ is located in the following zoning district:
Low Density Residential R-40 District
4. That by such Petition, the undersigned w.1I request tnat the above-described property be placed in the
foliowing zone district classification: Affordable Housinq. (AHD) District
S. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the South old Town aerk's Office at Main Road, Southold, New York and you may then and there
examine the S4.me during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on, the matter by the
Town Board; that a notke of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times or in the Long Island Traveler·Mattituck Watchman, newspapers published in the Town of
Southold and designated for the publiC4tion of such notices; that you or your representative have the right to ap-
pear and be heard at such hearing.
Dated: Hvr.l. 23 2001
~
MA TINE, INC.
BY:~P/t.kM
Petitioner Christine C. Hurtado, Pres.
Contract Vendee of Catherine E. Tasker
Post Office Address:
P.O. Box 1925
Southold, New York 11971
.' ,
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
IVL-\RRlr\GE OFFICER
RECORDS IVL-\NAGEMENT OFFICER
FREEDOM OF INFORl\L-\TlON OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax i63li 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
TO: Gregory F. Yakaboski, Town Attorney
FROM: Elizabeth A. Neville, Town Clerk
RE: Affordable Housing Change of Zone Application
DATE: 7/25/01
Greg:
This application was received in my office today. Please review for completeness
and advise me in writing. The applicant will come back to my office on Friday, July 27,
2001 with the certified mailing receipts. I would like a reply by Friday, so that I may
receipt it when I receive the receipts from the post office. Thank you.
Also, what is the story on the two pending change of zone applications? Amerada Corp.
and Darrin Skrezec. We told them that we would have an answer for them by the next
meeting.
cc: Supervisor Cochran & Town Board
! ~
. ,
.
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
~l-\RR[AGE OFFICER
RECORDS ~l-\NAGEMENT OFFICER
FREEDOM OF INFORl\l-\.TION OFFICER
Town Hall, 53095 !\lain 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
August 22, 200 I
Christine Hurtado, President
Ma Tine, Inc.
Post Office Box 1925
Southold, New York 11971
Dear Ms. Hurtado:
I am returning your affordable housing application and check no. 1029 in the amount of
$1,000.00. It was referred to the Town Attorney the day you left it at my office. It was not
receipted because it was incomplete without the receipts from the post office for the notifications
to adjacent property owners.
The Town Attorney Gregory Yakaboski has advised me this afternoon that the property
was not correctly described on the notification form and advised me to return the application to
you. Therefore, I am returning everything to you. Mr. Yakaboski advised that any questions
that you may have should be directed to him at 765-1939.
Very truly yours,
{!Y~~
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Supervisor & Town Board
Town Attorney
I ..
~
.
RECEIVED
JUL 2 5 2001
Southold Town Clerk
.
r; 7;.2. 5 Il. 1: l' Ý G f2. €:@'//u"- '7
/()óo - ;.)' - 0 1- 00 f
MA TINE INC.
PAY
b~ri~~OF_ 70lL/V _L2..JE. S'eJu/lkJJ--ß
{)p/{Š (f(U(/SA-JV~ '
IFOR
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C ¡fA ~G- rJ 0 F ::¿.op/(/
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--
1029
DATE J(,)£.7
~. e2øzJ 1 50-161/2"
J $1 CI::kJ --e::
/"- - '.' ..
2;)
DOLLARS trJ :'..'::""
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.
.
TOWN BOARD. TOWN OF SOUTHOlD
In the Matter of the Petition of
MA TINE, INC.,
NOTICE
TO
ADJACENT
PROPERTY OWNERS
to the Town BOJrd of the Town of southQld.
TO:
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of South old to
-request a change of zone from Low Density Residemtial R-4Q District to Hamlet Density
(HD) ,Residential District.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 69125 county Route 48. Greenport. NY. seTH #1000-35-1-4. South of North
Road (County Route 48) ¡ East of Dpbler¡ North of the Town of Southold and others¡
West of Sound Road and others.
3. That the property which is the subject of such Petition is located in the following zoning district:
Low Density Residential R-40 District
4. That by such Petition, the undersigned will request that the above,described property be placed in the
following lone district classification: Hamlet Density tHD)
S. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold. New York and you may then and there
exam.ne the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matter by the
Towl\ Board; that a notice of such hearing must be published at least ten days prior to the date of such heating
in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspaþers pUblished In the Town of
Southold and designated for the pUblication of such notices; that you or your reþresentative have the right to ap-
pear a Id be heard at such hearing.
DateJ: June
2001
MA TINE, INC.
Bv:
Petitioner Christine C. Hurtado, Pres.
Contract Vendee of Catherine E. Tasker
Post Office Address:
P.O. Box 1925
50uthold, ~ew YorK 11971
-~-
,.,
Neville, Elizabeth
.
.
From:
Sent:
To:
Cc:
Subject:
Neville, Elizabeth
Monday, August 20, 2001 2:27 PM
Yakaboski, Greg
Wilson, Mary
Affordable Housing Project
Greg:
July 25, 2001 I received an application for an Affordable Housing Change of Zone application which I forwarded
to you for review. To date, I have not heard anything from you. This application has not officially been filed or receipted
by my office to date. Initially they did not have the post office receipts for the mailing of notices, they have since brought
them in. Residents in the area hav been into my office asking to see the application. One of them brought it to my
attention that the notice was incorrectly worded describing the property as located south of North Road (County Route
48). It should be drscribed as bounded and described as follows: North by North Road (County Road 48); East by
Dobler; etc. I had several in today and I explained the situation to them, but did not show them the application.
I have the entire package and their check in an envelope and I plan to send it back to them. Please contact me
regarding this matter. Thank you.
Betty
1
.'
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF \'ITAL STATISTICS
~L-\RRJ..\GE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORl\L-\TION OFFICER
{fl> ~ 'ìI\\fFOL,f ~
k".~
::. ::i.
~ ~H
'ð. ~ ·1
~Q./ . ~'Ið~J;
.
.
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) ~65-6I45
Telephone (631) ~65-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 22, 200 I
Christine Hurtado, President
Ma Tine, Inc.
Post Office Box 1925
Southold, New York 11971
Dear Ms. Hurtado:
I am returning your affordable housing application and check no. 1029 in the amount of
$1,000.00. It was referred to the Town Attorney the day you left it at my office. It was not
receipted because it was incomplete without the receipts from the post office for the notifications
to adjacent property owners.
The Town Attorney Gregory Yakaboski has advised me this afternoon that the property
was not correctly described on the notification form and advised me to return the application to
you. Therefore, I am returning everything to you. Mr. Yakaboski advised that any questions
that you may have should be directed to him at 765-1939.
Very truly yours,
e~~
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Supervisor & Town &>ard
Town Attorney
.
PAY
. to rHE
ORDER OF
lFOR
.
RECEIVED
JUL 2 5 2001
Southold Town Clerk
.
r:; 7/.2S- /L r: if Ý G fl~/()Á7
jðòo - "3 ') - 0 1- üc) r-
MA TINE INC.
7 (J u,/¿/ iJ ¡:; S'CkJ ,/101... f)
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c ¡fA P"G (J 0 F ::¿,o,:t./(/
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11"00 W 2"111" jl:O 2 ~I,O ~b ~71: II"
1029
"'1. '7'~'1 50-161/214
DATE J(./L7 L.~_
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I $í/.~·~~
DOLLARS ß ==
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4
TOWN BOARD. TOWN OF SOUTHOLD
In the Matter of the Petition of
¡.¡p. TINE, INC.,
NOTICE
TO
ADJACENT
PROPERTY OWNERS
to the Town Board of the Town of Southold.
TO:
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to
'request" change of zone from Low Density Residential R-40 District to Hamlet Density
(HD} . Residential District.
2. That the property which Is the subject of the Petition Is located adjacent to your property and is des-
cribed as follows: 69125 County Route 48. Greenport. NY _ SCTM #1000-35-1-4. South of North
Road (County Route 48); East of Dpbler, North of the Town of Southold and others;
West of Sound Road and others.
3, That the property which is the subject of such Petition is located in the following zoning district:
Low Densitv Residential R-40 District
4. That by such Petitiol\, the undersigl\ed will request that the above-described property be placed in the
following zone district classification: Hamlet Densitv tHD)
5. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the South old Town Clerk's Office at Main Road, Southold, New York and you may then and there
exam.ne the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the ",atter by the
Town Board; that a notir.e of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times or in the Lang Island Traveler·Mattituck Watchman, newspapers published in the Town of
Southold and designated far the publication of such notices; that you or your representative have the right to ap-
pear a Id be heard at such hearing.
DatcJ: June
2001
MA TINE, INC.
By:
Petitioner Christine C. Hurtado, Pres.
COntract Vendee of Catherine E. 'rasker
Post Office Address:
P.O. Box 1925
Southold, ~ew YorK 11971
-
.CATHERINE MESIANO, INC~
Licensed Real Estate Broker
Real Estate Consultant
...
IlECEIVED
July 23, 2001
JUL 2 5 2001
Elizabeth Neville, Town Clerk
Town of Southold
53095 Main Road
Southold, NY 11971
~"'hOIG town Clerk
RE: Request for Change of Zone
SCTM #1000-35-01-04
5.7 A. n/s North Road
Greenport, NY
Applicant:
MaTine, Inc.
Box 1925
Southold, NY 11971
Dear Ms. Neville:
I am the agent for Ma Tine, Inc. the applicant and contract vendee of the above referenced
property. The applicant is seeking a change of zone from the present zoning, R-40, to
Affordable Housing (AHD) District The purpose of the proposed change of zone is to
enable the applicant to develop the site as an affordable housing project.
The need for affordable housing on the North Fork has been well documented. The site is
well situated to meet the criteria set forth in the Zoning Code for the AHD District, as it is
located approximately Yo mile from the boundary of the Village of Greenport. The area in
which the property is located consists of lots containing as little as 5500 square feet to
22,000 square feet.
The density allowed under the proposed change of zone would result in the creation of
twenty-four 10,000 square foot lots. It is the intention of the developer to limit the yield to 10
lots of approximately 15,000 square feet each and create a natural buffer of 1.5 acres. Ten
of the lots are to be offered under the provisions of the Town of Southold Affordable Housing
Program and the three remaining lots are to be retained by the developer.
Enclosed please find the following:
1. Application.
2. Petition.
3. Application fee in the amount of $1000.00.
4. Six copies of a survey prepared by Peconic Surveyors, P.C. last dated June 1, 2001.
5. Owner's consent
6. Transactional disclosure.
Should you require any additional information, please do not hesitate to contact me. Thank
you for your attention to this matter.
Very truly yours,
Catherine Mesiano, President
Enclosures
12 Mill Pond Lane. East Moriches, New York 11940 . 631.878.8951
.
.
REQUEST FOR CHANGE OF ZONE
APPLICANT/CONTRACT VENDEE:
MA TINE INC.
CHRISTINE C. HURTADO, PRES.
P.O. BOX 1925
SOUTHOLD, NY 11971
OWNER:
ENGINEER:
CATHERINE E. TASKER
3509 BRANDON WAY
MISSOULA, MO 59803
PECONlC SURVEYOR, P.C.
JOHN METZGER, L.S.
P.O. BPX 909
SOUTHOLD, NY 11971
JOSEPH FISCHETTI, P.E.
P.O. BOX 616
SOUTHOLD, NY 11971
ABIGAIL WICKHAM, ESQ.
P.O. BOX 1424
MATTlTUCK, NY 11952
SURVEYOR:
APPLICANT'S ATTORNEY:
APPLICANT'S AGENT:
SUBJECT PROPERTY:
CATHERINE MESIANO, INC.
12 MILL POND LANE
EAST MORlCHES, NY 11940
631-878-8951
5.7-ACRE PARCEL
69125 C.R. 48
GREENPORT, NY
a/k/a SCTM # 1000-35-1-4.
.
.
RECEIVED
PETITION NO.-....3/ ~
STATE OF NEW YORK
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF
OCT 1 9 2001
PETITION
Sourhold rowI a.rt
MA TINE INC.
contract vendee of
CATHERINE E. TASKER
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE
ORDINANCE OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, NEW
YORK.
...............................................
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
1. I, CHRISTINE C. HURTADO. PRESIDENT of MA TINE, INC. residing at
10995 NORTH BAYVlEW ROAD,SOUTHOLD Suffolk County, New York, the
undersigned, am the contract vendee of certain real property situated at
69125 C.R. 48. GREENPORT NY, and more particularly bounded and described
as follows:
see SCHEDULE "A" attached
2. I do hereby petition the Town Board of the Town of Southold to change,
modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk
County, New York, including the Building Zone Maps heretofore made a part
thereof, as follows:
FROM THE CURRENT ZONING OF LOW DENSITY RESIDENTIAL (R-40)
DISTRICT TO AFFORDABLE HOUSING (AHD) DISTRICT.
3. Such a request is made for the following reasons:
APPLICANT WISHES TO SUBDIVIDE THE PREMISES INTO TEN LOTS IN
ACCORDANCE WITH THE SOUTHOLD TOWN AFFORDABLE HOUSING
PROGRAM. PROPOSED COVENANTS, WHICH WOULD PROVIDE FOR
CONSTRUCTION AND SALE OF AFFORDABLE HOMES ON SUCH LOTS ARE
PROPOSED. THE THREE REMAINING LOTS WOULD NOT BE WITHIN AN
AFFORDABLE HOUSING PROGRAM, BUT WILL BE RESTRICTED BY DEED
COVENANT TO A MAXIMUM LIVABLE AREA OF 2500 SQUARE FEET, IN
ACCORDANCE WITH PROPOSED COVENANTS.
.
.
THE NEED FOR AFFORDABLE HOUSING ON THE NORTH FORK HAS BEEN
WELL DOCUMENTED. THE SITE IS WELL SITUATED TO MEET THE
CRITERIA SET FORTH IN THE ZONING CODE FOR THE AHD DISTRICT, AS
IT IS LOCATED APPROXIMATELY Y. MILE FROM THE BOUNDARY OF THE
VILLAGE OF GREENPORT. THE AREA IN WHICH THE PROPERTY IS
LOCATED CONSISTS OF LOTS CONTAINING AS LITTLE AS 5,500 SQUARE
FEET TO 22,000 SQUARE FEET. THIS PROJECT IS CONSISTENT WITH
THE CONCEPTS SET FORTH IN THE AHD CRITERIA IN THAT IT'S
IMPLEMENTATION WILL CREATE THE OPPORTUNITY FOR THE
DEVELOPMENT OF HOUSING FOR FAMILIES OF MODERATE INCOME AND
PERMIT A MIX OF HOUSING TYPES AND LEVEL OF RESIDENTIAL DENSITY
APPROPRIATE TO THE GREEN PORT AREA. THE PROPOSED PROJECT
FULFILLS THE STATED PURPOSE OF ARTICLE V OF THE ZONING CODE
OF THE TOWN OF SOUTHOLD.
æ,-¡, ;~
¡/f _.~--... /l ~ ~}
. !'/'J///Ay/ (;:-/ ~--eJ
by: CHRISTINE C. HURTADO, Pre s.
/'f\.'\ liNE, I!\)c.
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
CHRISTINE C. HURTADO, BEING DULY SWORN, deposes and says that she
is the petitioner in the within action; that he has read the foregoing Petition and
knows the contents thereof; that the same is true to her own knowledge, except
as to the matters therein stated to be alleged on information and belief, and that
as to those matters he believe it to be true.
~.- (J&~
I ~Ùf.iu£ ,'.({~
Sworn to before me O/.L
this NI:Þ day of ~' 2001
_. DI1Ui'
ItOf,M'II'IMJt. IbIe "'Mew ~orII
IiIII. 485UEe. ...... County 7 ~
fllÐl....... ..... 18.......... .,2.---
L_"cu (
CJ Notary Public
DONNA M. CHITUK
NOTARY PUBLIC, State of Ne. York
No. 4851459, Su1foIk County
T"r~ ¡;:.."irofl ""~ltllt:t t8.~ ¿....-
.
.
MA TINE INC.
This request is for a rezoning approval from the Southold Town Board from Low
Density Residential (R-40) District To Affordable Housing (AHD) District. The subject
property is a 5.7-acre parcel located at 69125 C.R. 48, Greenport, also know as
Suffolk County Tax Map # 1000-35-1-4.
The density allowed under the proposed change of zone would result in the creation
of twenty-four 10,000 square foot lots. It is the intention of the developer to limit the
yield to 10 lots of approximately 15,000 square feet each and create a natural buffer
of 1.5 acres. Ten of the lots are to be offered under the provisions of the Town of
Southold Affordable Housing Program covenants which would provide for
construction and sale of affordable homes on such lots are proposed. The three
remaining lots would not be within an affordable housing program, but will be
restricted by deed covenant to a maximum livable area of 2500 square feet, in
accordance with proposed covenants.
The need for affordable housing on the North Fork has been well documented. The
site is well situated to meet the criteria set forth in the Zoning Code for the AHD
District, as it is located approximately Y. mile from the boundary of the Village of
Greenport. The area in which the property is located consists of lots containing as
little as 5500 square feet to 22,000 square feet.
The Town's Master Plan provides for the creation of Affordable Housing Districts.
We believe this project is consistent with the concepts set forth in the AHD criteria in
that the opportunity for the development of high-density housing for families of
moderate income will be created. The proposed project fulfills the stated purpose of
Article V of the Zoning Code of the Town of Southold and will be consistent with the
character of the surrounding area.
The subject property is located in a mixed-use area. Although the properties adjacent
to the site are zoned R-40, most are non-conforming undersized lots, comparable to
those proposed. Within close proximity are R-80, Limited Business (LB), Affordable
Housing (AHD) District and Residential Office (RO) uses. The subject property is
within walking distance to the Village of Greenport downtown area, houses of
worship, and public transportation.
The area is serviced by the Suffolk County Water Authority and LlPA. No public
sewer system is available. On-site septic systems will be designed to conform to
Suffolk County Health Department standards.
It is anticipated that the traffic generated by this project will not compromise the
safety and capacity of the street system in the area. The site plan for the proposed
project has not yet been developed. However, these concerns will be addressed in
the planning process. It is anticipated that two of the proposed lots will front on
Sound Road and have direct access. Access to the remainder of the lots will be from
Sutton Place.
.
.
MA TINE INC.
The typical home to be offered will have 3 bedrooms and 2 % baths with a total area
of approximately 1600-2400 square feet. The homes will be held in fee simple
ownership. There are no cooperative interests proposed. The subdivision will be
created to Town specifications with dedication of the road upon completion.
.
.
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the
buildings and improvements thereon erected, situate, lying and
being near Greenport, in the Town of Southold, County of Suffolk,
State of New York and bounded and described as follows:
w} BEGINNING at a point on the northerly line of the North Road
which point of beginning is the southwesterly corner of the
premises herein described and the southeasterly corner of lands
now or formerly of Elizabeth T. Albertson and others; running
thence northerly along the easterly line of lands now or formerly
of Elizabeth T. Albertson and others to the southerly line of
lands now or formerly of Dorothy Barstow; thence easterly along
the southerly line of lands last mentioned and lands now or
formerly of Herbert Fordham to the westerly line of Sound Road
or Avenue; thence southerly along the westerly line of Sound Road
to lands now or formerly of Whitney; thence westerly and again
southerly along the aforementioned lands to lands now or formerly
of Kszyminski; thence westerly and again southerly along lands
last mentioned to the northerly line of the North Road; thence
westerly along the northerly line of North Road to the point or
place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed by deed
dated December 11, 1989 and recorded in the Suffolk County
Clerk's Office on April 10, 1990 in Liber 11049 Page 59.
.
.
BEQUEST FOR CHANGE OF ZONE
APPLICANT/CONTRACT VENDEE:
ENGINEER:
MA TINE INC.
CHRISTINE C. HURTADO, PRES.
P.O. BOX 1925
SOUTHOLD, NY 11971
CATHERINE E. TASKER
3509 BRANDON WAY
MISSOULA, MO 59803
PECONIC SURVEYOR, P.C.
JOHN METZGER, L.S.
P.O. BPX 909
SOUTHOLD, NY 11971
JOSEPH FISCHETTI, P.E.
P.O. BOX 616
SOUTHOLD, NY 11971
ABIGAIL WICKHAM, ESQ.
P.O. BOX 1424
MATTITUCK, NY 11952
CATHERINE MESIANO, INC.
12 MILL POND LANE
EAST MORICHES, NY 11940
631-878-8951
OWNER:
SURVEYOR:
APPLICANT'S ATTORNEY:
APPLICANT'S AGENT:
SUBJECT PROPERTY:
5.7-ACRE PARCEL
69125 C.R. 48
GREENPORT NY
a/k/a SCTM # 1000-35-1-4.
.
.
CONSENT
Re: SCTM# 1000-35-1-4
69125 County Road 48, Greenport, ~ew York
I, CATHERINE E. TASKER. the owner of the above referenced property, consent
to MA TINE, INC.; John Hurtado; Wickham. Wickham & Bressler. P.C.; Peconic
Surveyors, P.C.; Joseph Fischetti; Land l1se Ecological Services, Inc., or any of their
representatives and/or agents, to make applications necessary for the approval of a major
or minor subdivision of the above property, and/or change of zone to the Suffolk County
Department of Health Services, TOWIl of Southold Planning Board, Town Board of the
Town of Southold, and any other agencies or municipalities having jurisdiction over the
p,,,ni~,. 30ch 'l'pJ"oti,œ ,''''' ""'~, "M~';~~
Dated: Jlme/g .2001 UA-,te~ ¡g, - / kh/
Catherine E. Tasker
2 j!consent