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HomeMy WebLinkAboutSkrezec, DarrinThis file pertains to the original application filed requesting the change of zone from R-q0 & HB to LB. This application was amended in June 2001 to request the change to LB and RO. Documents relating to the amended application on which the public hearing is being held on October 22, 2002 are contained in File #2 of 2. PLANNING BOARD MEMBERS BENNETT ORLOWSKI. JR. Chairman WILLIAM d. CRE3. IE}~S KI~'.NNETH L. EDWARDS GEORGE RITCHIE LATH.MM, JR. RICHARD CAGGLMqO P.O. Box 1179 Town Hall. 53095 State Route 25 Southold, New York i1971-0959 Telephone ~ 631 ) 765-1938 Fa~x ~63i) 765-3136 PLANNING BOARD OFFICE TO'~VN OF SOUTHOLD RECEIVED MEMORANDUM To: From: Date: Re: Elizabeth A. Neville, Southold Town Clerk Victor L'Eplattenier, Senior Plann~/~ March 18,2002 NYS Office of Parks, Recreation and Historic Preservation Correspondence Archaeological and Historical Sensitivity MAR 1 8 2002 Southold Town Clerl~ 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. PLANNING BO.a_RD MEMBERS BENNETT ORLOWSKI, JR. Chairman ~,U[LLI.iJM ,J. C'REMI,:RS ~NNETH L. EDWARDS GEOI{GE RITCHIE ~kTFL~I, JR. RICHARD C'AGGL~O P.O. Box 1179 Town Hall, 5;3095 State Route 25 $outhulcL New York 11971-0959 Telephone 1631~ 765-1938 Fax ,63b 765-3i36 PLANNING BOARD OFFICE TOWN OF SOUTHOLD .RECEIVED MEMORANDUM To: From: Date: Re: Elizabeth A. Neville, Southold Town Clerk Victor L'Eplattenier, Senior Plann~/~ March 18,2002 NYS Office of Parks, Recreation and Historic Preservation Correspondence Archaeological and Historical Sensitivity MArl 1 8 2002 %ulholcl 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. NELSON. POPE e.. VOOP, HIE~. LLI~ _. ~ FAX COVER SHEET Victor LaPlatnea Et/x.' From: Date: 765-1823 Shana Lacey March 11, 2002 Re; NYS Office of Parks, Recreation and Itistoric Preservation Correspondence No. of Pages: 12 (including Cover) Comments: Victor, Attached please find the correspondence from NYS OPRHP with regard to axchaeological and historical sensitivity on the following parcels/projects: 1. Zoumas, Bayview 2. Forestbrook, Bayview 3. MaTine, Greenport 4. Skrezic, Peconic 5. Mattimck Housing, Mattimck Please feel free to call should you have any questions or require any additional information. Sincerely, Shana NELS~[ig POPE,LLP New York State Office of Parks, Recreation and Historic Preservation Historic Prese~ation Fi,~ld Se~ices Bureau Peebles Island, PO Box 189, Waterford, New York 12188-0189 March 6, 2002 518-237-8643 P.02/11 Shzna M. Lace>' Nelson, Pope & Voorhis, LLC 5'72 Walt Whirmsn Road Melville, New York 11747-2185 Dear :".Is. Lace)'. SBORA Zournas,~Bayview Subdivisiorv SCTM #1000-79-04-17.14 & 17.17 Southold, Su~%lk Coonw 02PR100 [ Thank you for requesting the coramenm of the Office of P~ks, Recreation and Historic ?reservation (OP Pd-'IP) conce~ng yo~ project's potenfi~ impac~effect upon 19stofic an&'or prehisto~c cultural reso~ces. O~ s~ffhas reviewed ~e documentation that you provided on your project. Pr~iimm~ commcn~ an~'or requos~ for addifion~ infection are noted on sepamtc enc~os~s accompany~g ~hi~ leu~. A dcte~ination of impac~eff~et will be pro¥ifle6 only aRer ALL docummtafion requiremen~ noted ~n any enclosur~ have b~n met ~y questions concerning our prelimin~ co~ents ann"or requ~%ts for additional infortoation should be directed to the appropdate s~ff perso¢ idmtified on each enclosure. In cases where a s~ate agency is involved in this undertaking, it is appropriate for that agency to determine w'ce:her consultation should take place with OPRHP under Section 14.09 of ~c New York State Parks, tlecreation and Historic Preservation Law. In addition, if there is my federal agency bvolvem~nt. Adviso~' Counc[] on Historic Pr~ervadon's regulations, "Protection of Ristoric and CuLtoral Properties" 36 CFR 800 requires that agency to initiate consultation with the State Historic Prcser%'arion Officer (SHPO). hen responding, please be sure to refer to the OPRH? Project Review (PR) number noted above. R.LP:bsd Enclosure(s) Slnc~ely, Ruth L. Pierpont Director An Equ~l OpporTunity/Affirmative Action Agency MSP-[P-200~ 11:09 POPE,[LP L6 427 ~620 P.83×11 ARCHEOLOGY COMMENTS _02PR1001 Based on reported resources, there is an archeologicaI site in or ad_iaceilr [o your project area. Therefore the Off'~ce of Parks, Recreation and Hi,toric Preservauon (OPRI--[P) recommends that a Phase I archeological sur~ey is wan'ant~.d for all portions of the project to involve ground disturbance, unless substantial pfior ground disturbancu cfm be documented. If you consider thc project area to be disturbed, documentation of thc disturbance will need to be reviewed by OPR[-[P. Examples of disturbance include mining activities and multiple episodes of building consU'uction and demolition. i Phase I survey is designed to deten'nine the presence or absence of archeological sites or other cultural resources in the project's area of potenti~tl effect. The Phase I survey is divided into two progressive units of study including a Phase lA sensitivity assessment and initial project area field inspection, and a Phase lB subsurface testing pro,am for the project area. The OPRI4_P can provide standards for conducting cultural resource investigations, upon request Cultural resource surveys and surve.,, repons that meet these standards will be accepted and approved by the OPRI--t.P. Our office does not conduct cultural resources surveys. A 36 CFR 6l qualified archeologist should be retained to conduct the Phase I survey. Man:,, archeological consulting firms advertise thei~ availability in the yello,x, pages. The services of qualified archeologists can also be obt~,dned 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 contact a 2umber of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ~d'ound disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current photographs and~or older photoD'aphs of the project area which illustrate the disturban¢= (approximately keyed to a project area map). past maps or site plans that accklrately record previous disturbances, or current soil borings that verify past chsruptions to the land. Asr/cultural activity is not considered to be substantial ground disturbance and many sites have been identified in previously cultivated land. If you have an)' questions concerning archeology, please call Mike Schifferli at ext. ~8.i. (518) 237-8643 M~R-l~-20~2 11:10 NELS[ ~ POPE,LLP New York State Office of Parks, Recreation and Historic Preservation Historic Preservatior F~eld Services Bure~ Peebles Island, PO Pcox 189, Waterford, New York 12188-0189 Marct~ 6. 2002 P. 04/1 518-237-8643 Shana M. Lacey Nelson, Pope & ¥oorhb, LLC 572 Walt Wh/ur~n Road Melville, Ne'~' York ] I747-21gg Dear Ms Lacey: SEORA Ma Tine/Oreenport North of' North Roach' SCTM #1000-35-01-04 Sout~oId, Suffolk County 02P&0995 Thank you for rec[uesdng the comments of the Office of Parks, Recreation ~d His:eric Preset, etlon (OPRHP) concerning your project's potential impacffeffect upon historic and/or prehistoric cultural resources. Our stuff has reviewer the documentation ~hat you provided on your project. Prelim/nary comments and/or requests for additional information are noted on separate enclomares ~oompanying this letter. A determination of ira. pact/effect will be provided only a~er ALL documentation requirements noted on any enclosures Mve been met. Any questions concerning om' preliminm-3. comments and/or requests for additional information should be directed to the appropriate staff person identified on each enclosure. In cases where a stare agency is involved in this under.king, it is appropriate for that agency to determine whether oom'ultarion should take place wiS,~ OPRHP under Section 14.09 of ~he New York State Parks, Recreation and Historic Preservation Law. In addition, if there is any federal agency ~volvemenk Advisor7 Council on Historic Preservafion's re~lations, "Protection of Historic and Cu/mral Properties" 36' CFR 800 requires ~at agcnoy to ~ninate consultation with thc State Historic Preservation Officer (SHPO). Whe~ respcr, ding, please be sure to refer to the OPP. HP Project Review (PR) number noted above. Sinccrely, Ruth L P~erpom D/rector RLP:bsd Enclosure(s) An Equal Oppolluni~/iAffirmefiva Action Agency M~R-i~-~ 11:10 NELS[ ~ P~]P~LLP ~6 427 5~0 ~.0S×11 ARCBEOLOGY COMMENTS 02PR0998 Based on reported resources, there is an archcologtcal site in or adjacem to your project area. Therefore the Office of Parks, Recreation and Historic Prese~vatmn (OPRI--IY) recommends that a Phase [ areheological survey is warranted for ali portmns o~' the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRI'-IP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I survey is designed to detelTnine the presence or absence archcological 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 lA sensitivity assessment and initial project area field inspection, and a Phase lB subsurface testing pro.am for the project area. The OPRHP can provide 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 OPRI4.P. Our office does not conduct.cultural resoumes 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 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 contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ~ound disturbance should include a description c>f the disturbance with confirrn/ng evidence. Confirmation can include current photographs and/or older photo~aphs of the project area wh/ch 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 to the land. Agricultural activity 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 Schifferli at (518) 237-8643 ext. 3281. M. $chifferli 03/01/02 ~-12-2002 i1:11 NELSON & POPE,LLP 518 42? 5628 New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peeble$ Island. PC) Be× 189, Waterford, New York 12188-0189 P.06×11 March 6, 2002 518-237-8643 Shana M. Lacey Nelson, Pope & ~, oorhis. LLC 5?2 Walt Whitman Road Melville, Ne'.',' York 11747-218g Dear Ms. Laccy: S~ezic Change of Zone/Peconic/CR 48 SC'TM #J 000-74-04-14.1 Southold, Suffolk Count' 02PR0997 Thank you for rcqucstlng the comments of the Office of Parks. Recreation and Historic Presort'orion (OP1U-fP) concerning your project's potential impact/effect upon historic and'or prehistoric cultural reSOurces. Our staff has r~'iewed the documentation that you provided on your project. Preliminary commcnt~ anddor requests for additional information are noted on separate enclosures accompanying this letter. A dotermlnation of impact/effect will be provided only after ALL documenLation requirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed m the appropriate staffperson identificd on each enclosure. In cases where a state agency is involved in dais undertaking, it is appropriate for that agcncy to detemaine whether consultation should rake place with OPRHP under Section 14.09 of the New York Sta~e Parks, Recreation and Historic Preservation Law. In addition, if there is any federal agency involvemen~ Advisory Council on Historic Preservation's regulations, "Protection of Historic and Cnltutal Propertie~" 36 CFR $00 requires that agency to initiate consultation with the State Historic Prcscn,ation Officer (SHPO). When responding, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, Ruth L. Picrpont Director RLP:bsd Enclosure(s) An Equal OpportuniTy/Affirmative Action Agency MAR-12-2902 11:11 POPE,LLP 16 427 5620 P.~?/11 ARCHEOLOGY COMMENTS 02PR0997 Based on reported resources, there is an m'cheological s~tc in or adjacent to your project area. Therefore the Office of Parks, Recreation and H~sroric Preservation (OPRI-LP) recommends that a Phase I archeological sur',ey is warranted for all pomons of the prqject to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation or' the disturbance will nccd ~o be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase 1 survey is designed to determine the presence or absence ol'' archeological sites or other cultural resoumcs in the project's area of potentiaI effect. The Phase 1 survey is divided into two progressive units of study including a Phase iA sensitivity assessment and initial project area field inspection, and a Phase lB subsurface testing program for the project at'ea, The OPRHP can provide 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. Our office docs 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. Thc services of qualified 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 contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ~ound disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current photographs and/or older photo~aphs of the 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 ro the land. Agricultural activity 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 Schiffbrli at (518) 237-8643 ext. 3281. M. Schi [?erli 03/01/02 ~AR-12-2002 11:11 NEL POPE,LLP New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island, PO Box 189, Watedord, New York 12188-0189 March 6, 2002 ,E 42'7, 5620 P.00/11 518-237-8643 Shana M. Lacey Nelson, Pope & ¥oorhis. LLC 572 Walt Whitman Road Melville, Now York 1174.7-2188 Dear Ms. Lacey: Mattituck Housiug/Manituck SCTM ¢ 1000-122 -02-23.1 Southold, Suffolk County 02PR0999 Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRH'P) concerning your project's potential impact/effect upon historic and/or prehistoric cultural resources. Our staffhas reviewed the documentation that you provided on your project. PrelL'ninary comments and/or requests for additional information are noted on separate enclosures accompan)~ng this letter, A detcrm~.ation of impact/effect will be provided ertl) after ALL documentation requirements noted ou any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed to the appropriate staff person identified on esch ~nclost~'e. In cases where a state agency is involved iu this undertakh~g, it is appropriate for that agency to determine whether consultat(on should take place with OPRI"IP under Section la.09 of the New York State Parks, Recreation and H/s';oric Preservation Law. In addition, if there is any federal agency involvement, Advisory Comicil on Historic Prescrvatinu's regulations, "Protection of Historic and Cultural Proportion' 36 C~R 100 requires that agency to initiate consultation with the State Historic Presen'ation Officer (sEPo). When responding, please be sure to refer to the OPKHP Project Review (PR) ntu-ober uotcd above. Sincerely, Ruth L, Pierpont Director RLP:bsd Enclosure(s) An EClU~l Opportunity/Affirmative ~ction Agency MA~-1~-2002 11:12 POPE,LLP ~27 5620 P.09×11 ARCHEOLOGY COMMENTS 02PR0999 Based on reported resources, there is an archeological site m or adjacent m 5our project area. Therefore the Office of Parks, Recreation and [-tistoric Preser, ation (OPPd-tP) recommends that a Phase I archeo]o~cal survey is ,xan-anrect for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documente& If you consider the project area to be disturbed, documentation ur thc disturbance will need lo be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I survey is designed to determine the presence tlr absence of archeological sites or other cultural resources in the project's area o1' potential effect. The Phase I survey is divided into two progressive units of study including a Phase lA sensitivity assessment and initial project area field inspection, and a Phase lB subsurface testing program for the project area. The OPRI-IP can provide stand,ds for conducting cultural resource investigations upon requesl. Cultural resource surveys and survey reports that meet these standards will be accepted and approved by the OPRHY'. Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase 1 sm~'ey. Many archeological consulting firms advertise their availability in the yellow pages. Thc services of qualified archeologists can also be obtained by contacting local, regional, or statewide professional amheologieal organizations. Phase I surveys can be expected to vary in cost per mile of right-of-way or by the number of acres impacted. We encourage yoo 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 a description of the disturbance with confirrmng evidence. Confirmation can include current photographs andYor older photographs of the project ~¢a 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 d~sruptions to the land. Agricultural activity 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 Schifferli at (518) 237-8643 ext. 3281. M. $chifferli 03/01/02 M~-12-2002 11:12 NELS~& POPE,LLP New York State Office of Parks, Recreation and Historic Presem/ation Historic Preservation Field Services Bureau Peebles Island, PO Box 189, Waterford, New York 12188-01@9 March 6, 2002 16 429 5620 P. 10/11 518-237 8543 Shana M, Lace)' Nelson, Pope & Voorhls, LLC 572 Walt W'hitman Road MeNi[le, New York 11747-21gg Dear Ms. Lacey: Forestbrook/Bayview/SCTM #1000-79-02-07 Sonthold, Suffolk County 02PKlO00 Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP) concerning yom' project's potent/al impact/effect upon historic and/or prehistoric cultural resources. Our staffhas reviewed the documentation that you provided on your project. Preliminary comments and~or requcsta for additional infom~at/on are noted on separate enclosures accompanying this letter. A determination of impact/effect will be provided only after ALL documental/on requirements noted on any enclosures have been met. Any questions concerning our preliminaw comments and/or requests for additional information should be directed m the appropriate staff person idenfi fled on each enclosure. In cases where a state agency is involved in this undertaking, it is appropriate for that agency to determine whether consultation should rake piece with OPRi-IP under SeetioD 14.09 of the New York State Parks, Recreation mad Historic Pr~ervation Law. In addition, if there is any federal agency involvement. Advisory Council on Historic Preservation's regulations, "Protection of Historic and Cultural Properties" 36 CFR $00 requires that agency to initiate consultation with the State Historic Preservat/on Officer (S~-mO). When responding, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, RUth L. Pi~'pont Director RLP:bsd Enclosure(s) An Equal Opportunit'//Affirmative Action Agency MCqR-12-20182 11:13 NEL! &POPE,LLP 516 4~',~ 55~_1d P. 11/11 ARCHEOLOGY COMMENTS 02PRI000 Based on reported resources, there is an archeological site in or ad. jacent to ?our project area. Therefore the Office of Parks, Recreation and Historic Preservation (OPRI-ff') recommends that a Phase I archeological survey is warranted for all portmns of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to he disturbed, documentation of the disturbance will need to be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I survey is designed to determine the presence or absence of archeolo~cal sites or other cultural resoumes in the project's a.rea of potential effect. The Phase 1 survey is divided into two.progressive units of study includ, ing a Phase iA sensitivity assessment m~d initial project area field inspection, and a Phase lB subsurface testing pro,'am for the project area. The OPRHP can provide 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. Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase 1 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 I 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 contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ~ound disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current phom~aphs 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 record previous disturbances, or current soil borings that verify past disruptions to the land. Agricultural activity 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 Schifferli at (518) 237-8643 ext. 3281. M. Schifferli 03101102 TOTAL P.11 Skrezic @ Peconic EAF Part I Review NP&V #01299 RECEIVED Southold Town Ciera ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS SKREZIC @ PECONIC Prepared for: Prepared by: Elizabeth A. Neville. Southold Town Clerk Town of Southold Town Board, Town Hall 53095 Main Road Soutbold, New York 11971-0959 Nelson. Pope & Voorhis, LLC 572 Walt Whitman Road Melville. New York 11747 Date: January 25, 2002 The Town of Southold Town 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 and HB Hamlet Business to LB Limited Business on a 3.7 acre parcel of land located in Peconic. The intent of the applicant with regard to future development of the site should the zone change be approved is unknown. The site is currently vacant, undeveloped land dominated by early successional species and 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 environmental/planning constraints. In addition, the EAF Part I submitted with the application did not include pages 2, 4, and 6 and was therefore not reviewed in entirety: the submitted pages have been corrected and are included herein. Page 1 Skrezic @ Peconic EAF Part I Review NP&V #01299 Location and Site Overview The overall project site is located on the south side of Middle Road (CR 48), approximately 170 feet west of Peconic Lane in Peconic, Town of Soutbold, County of Suffolk. The subject property can be mom particularly described as SCTM number I000-74-04-14.1. The parcel contains a total of approximately 406.98 feet of £rontage on Middle Road (CR 48) to the north. The southern property boundary maintains 177.88 feet of frontage along the Long Island Rail Road (LIRR) right-of-way. The site is currently vacant undeveloped land dominated by early successional species and woodland. The site does not contain wetland vegetation or 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 or adjacent to an area containing multiple site sensitivity. This review will discuss the proposed project and its potential impact on the sites environmental resources. Proposed Project The proposed action involves a change of zone from R-40 Residential and lib Hamlet Business to LB Limited Business on a 3.7 acre parcel. The intent of the applicant with regard to future development of the site should the zone change be approved is unknown. The majority of the site is zoned R-40 Residential (to a depth of approximately 380 feet), with the remainder of the southern portion of the site located adjacent to the LIRR zoned Hamlet Business (HB). It is further noted that a small strip of tile subject property (10' x 175') which created an eastern extension to Peconic Lane was transferred by deed to Julia Day Leo, the adjoining property owner of tax lot 16 located east of the site. The applicant's attorney indicated in a letter to the Town dated June 7, 2001 that the transaction occurred without seeking subdivision approval by the Town and that a lot line change application will be submitted to the Planning Department on or before Tuesday June 12, 2001. It is also noted that tax lot 16 is reportedly zoned HB by the applicant's attorney, RO Residential Office as depicted on the Radius Map submitted by the applicant, and R-40 as depicted on the Southold Zoning Map. Assuming the Radius Map correctly identifies the correct zoning of this parcel, tax lot 16 is currently zoned Residential Office and the transferred strip of land (now forming the southern property boundary of tax lot 16) is zoned R-40. The correct zoning of this parcel should be determined. The Town Board has declared itself lead agency and has directed the petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. The following summarizes the findings prepared by these agencies. The Town of Southold Planning Board Office recommends that the southern portion of the site currently zoned HB Hamlet Business should be rezoned to Low Density Residential (R-40) in conformity with the remainder of the parcel and in keeping with the Town's desire to retain the scenic vista along Middle Road (CR 48). Further, if the parcel was to be rezoned to LB Limited Business, the existing residential parcel could become a restaurant, hotel or machine shop, which Page 2 Skrezic @ Peconic EAF Part t Review NP&V #01299 is not in keeping with the Town's plan for Route 48. It was further recommended that the owner of tax lot 16 prepare a lot line application which would make the lot transfer recognizable by the Town. The small strip should then be rezoned to Residential Office to conform to the rest of the tax lot 16. The Suffolk County Department of Planning resolved to disapprove the proposal due as it constitutes the unwarranted further perpetuation of strip business development along Middle Road (CR 48). Further, it was determined that the application would tend to establish a precedent for further such down zonings in the locale along CR 48 and that the promises can reasonably be developed in accordance with existing zoning. The proposal contravenes past actions of the Town Board in diminishing strip commercial zoning throughout the CR 48 corridor and the action is inconsistent with the Town of Southold CR 48 Corridor Study which calls for preservation and enhancement of the rural and scenic vista characteristics of the said roadway. Land Use and Zoning The project site is located in an area that contains a mix of residential, commercial/industrial, agricultural and undeveloped vacant land. The dominant land use in the immediate area is residential and commercial, with agricultural and vacant undeveloped land also dominant in the vicinity. As previously stated, the site is also located on the scenic corridor of Middle Road (CR 48). The existing commercial uses west of the site are setback approximately 400 feet from CR 48 with front landscaping masking the commercial operations. The site is currently vacant undeveloped land and the intent of development should the requested zone change be approved is unknown at this time. The majority of the subject site is zoned R-40 Residential (to a depth of approximately 380 feet), which requires a n'finimum lot size of 40,000 s.f., lot coverage of 20% of the lot area, and a minimum livable floor area of 850 s.f. per dwelling. The remainder of the southern portion of the site is zoned HB Hamlet Business, which allows for the development of uses such as offices, banks, boarding houses, retail stores, restaurants, bakeshops, personal service stores, galleries, workshops, auditoriums, repair shops, bus/train stations, theaters, libraries/museums, laundromats and bed and breakfast uses. The proposed project involves a change of zone to LB Limited Business. Uses allowed within this district include, any permitted use allowed within the AC District, retail business (workshops, machine shops, wholesale/retail of nursery operations, libraries and museums), offices, funeral homes, restaurants, repair shops, hotels, wineries and bed and breakfast uses under certain provisions. RO Residential Office zoning is located to the east of the site, with HB Hamlet Business located to the southeast. R-80 zoning is located to the north and south of the site, with LI Light Industry located to the west. Land use in the general area is predominantly residential with some commercial uses fronting on Middle Road and appears to reflect the current zoning regulations. Approval of a change of zone could encourage neighboring residentially zoned properties to apply 1hr commercial zoning, thereby causing further encroachment into residential zoning Page 3 Skrezic @ Peconic EAF Part I Review NP&V #01299 districts. However, any potential future zone change applications will have to stand on their owner merits based on individual review. 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 unknown and therefore traffic impacts cannot be fully assessed. However, it is anticipated that development under the LB zoning classification (restaurant, hotel, etc.) would result in a significant increase in traffic generation, particularly as compared to the current site zoning. Depending on future development of the site, an increase in trip generation at the site could have a significant impact on the area roadways. However, it should be noted that future use trip generation rates may vary greatly dependent on commercial/retail uses. As the proposed use of the overall site is unknown at this time, the traffic impacts cannot be definitively determined but in any case would be expected to increase significantly. The proposed project could have a major impact on adjacent intersections. Soils and Topography The site is relatively flat throughout, with all existing slopes between approximately 0-10%. The property does not contain any significant landforms 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 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 landscapin~agriculture. The topography and soils on site do not appear to present severe development constraints. Water Resources Public water is supplied to the general ama 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 12 inches in diameter and located on east side of Peconic Lane, beginning just north of Middle Road (CR 48). The Mill Lane Well Field & Pump Station is located on the northwest comer of Middle Road and Peconic Lane, just north of the site. The total quantity of water used by the site following development as a result of the change of zone is unknown and again is dependent on the future commercial/retail use of the site. The proposed change of zone application could significantly increase future water consumption on site, as future development could consist of uses such as a restaurant, hotel, etc. As the future Page 4 Skrezic @ Peconic EAF Part I Review NP&V #01299 use of the parcel resulting from of the proposed change of zone is unknown, impacts with regard to water resources cannot be accurately determined. In order to accurately determine the impacts on water resources, an as of right development scenario would have to be compared ~vith the anticipated future development of the site (or worst case scenario) in accordance with the proposed zoning. The applicant should contact SCWA to determine the availability of water to the site. 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 3.7 acre site is 2,220 gpd. The sanitary design flow is computed using the SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes several design flows as follows, which provide examples of the uses and relative intensity that could be allowed under the proposed zoning: Single family dwelling: 300 gpd / 2,220 gpd Office: 0.06 gpd per s.f. / 2,220 gpd Restaurant: 30 gpd per seat / 2,220 gpd * Motel (average): 225 gpd per unit / 2,220 gpd · of ~hich 10 gallons is considered nitrogen bearing = 7 dwellings = 37,000 s.f. office building =222 seat restaurant (6.660 gpd water use) = 9 units The SCDHS will review a sanitary plot plan prior to issuance of a permit for any futura development. As the project would be required to conform with Article VI of the Suffolk County Sanitary Code, futura development of the site would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. However, as noted, a restaurant use could significantly increase water use of the site. The elevation of groundwater beneath the subject site is approximately 4 feet above mean sea level (msl) according to the 1999 SCDHS water table map. The topographic elevation on site is approximately 30 feet above msl, based on the USGS Topographic Map. Therefore, the minimum depth to groundwater is approximately 26 feet. The direction of groundwater flow is expected to be east. As such, the depth to groundwater on site is not expected to have significant constraints on the location of septic systems. A standard, three pool septic system typically requires a minimum depth to groundwater of approximately 9-l0 feet to allow adequate depth for leaching. SL~IMARY In conclusion, the proposed action involves a change of zone from R-40 Residential and HB Hamlet Business to LB Limited Business. Approval of a change of zone could encourage Page 5 Skrezic @ Peconic EAF Part I Review NP&V #01299 neighboring residentially zoned properties to apply for commercial zoning, thereby causing further encroachment into residential zoning districts. However, any potential future zone change applications will have to stand on their owner merits based on individual review. The site does not appear to contain significant environmental features that would limit future development, provided adequate drainage and containment of on-site runoff are achieved and sanitary systems are properly designed and constructed. Any future development will increase waste water generation, solid waste generation and water use, in addition to increasing traffic and taxes which would be distributed to the various jurisdictions, however impacts cannot be definitively assessed at this time as the applicant's intentions with regard to future development are unknown. The following recommendations are provided: 1. The applicant should prepare and submit the missing pages of the EAF. 2. The site lies within one (1) mile of a 'known 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 Assessment will be required prior to site disturbance. 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. Given the recommendations of the Planning Board and County Planning Commission, the precedent, the potential increase in traffic and water use, and factors identified herein, the Board may wish to not entertain, or issue a Negative Declaration, on the denial of, the application. If the Board chooses to further entertain this application, the items noted above should be submitted and the applicant should specif.,,, a use or use restrictions as well as design parameters to minimize visual impacts and provide land use compatibility. 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. Page 6 14-16-2 (2/87)-- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQI~ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projec! or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- [y, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, manywho have knowledge in one particular area may not be aware of the broader concerns affectinE the question of significance. The full FAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio~ process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3: Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--T~e I and Unlisted Actions Identify the Portions of EAF completed for this project: ~ Part I [] Part 2 []Part 3 Upon review of the information ~ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* I-] 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 ~lame of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Date "' 5. Approxim~.te percentage of proposed prolect site with slopes: .~-10% E]10-15% % E315% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? E]Yes ,~'No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I~Yes ~No 8. What is the depth of the water table? ~ feet) 9. Is site located over a primary, principal, or sole source aquifer? ~es f'-INo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? r~Yes ~i~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? E]Yes ~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I-lYes ~['No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? I-lYes '~'flo If yes, explain 14. Does the present site include scenic views known to be important to the community? I-lyes '1~o 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by~xisting public utilities? ~ a) If Yes, does sufficient capacity exist to allOWallowCOnnectiOn?connection? ~lYeSnYes I~NOEDNa~, '%~'.,~ ~'" ~6~44' ~"~' '-- ~ ~'~'~....,~, b) If Yes, will improvements be necessary to 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Artic[e.25-AA, Section 303 and 304? I~Yes ~'No 19. Is the site located in or substantially contiguous to; a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E3Yes 20. Has the site ever been used for the disposal of solid or hazardous wastes? I~Yes '~i~o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) c, Proiect acreage to remain undeveloped (~ acres. d. Length of project, in miles: ~'~. (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed ~i~ %; f. Number of off-street parking spaces existing k!l~ ; proposed ~!}¥ , ~ ~'~E'~.t ~' g. Maximum vehicular trips generated per hour ~ (upon completlon'of project)? '~ h. If residential: Number and type of housing units: ~e~,cJ,~,~s[~- ~,.~.~.~. ~,~ One Family Two Family Multiple Family Condominium initially Ultimately i. Dimensions (in feet) of largest proposed structure ~'~' height; width; j. Linear feet of frontage along a public thoroughfare proiect will occupy is? I-~" ft. 3 25. Approvals Required: City, Town, Village Board ~Yes City, Town, Village Planning Board I~Yes City, Town Zoning Board ~]Yes ~o City, County Health Department E~Yes ~J~lo Other Local Agencies OYes ~LNo Other Regional Agencies I-lYes State Agencies OYes Federal Agencies F1Yes ~]J~o Type Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~,1~'~_ [~l~o If Yes, indicate decision required: 'l~oning amendment [-1zoning variance r~special use permit Osubdivision [~site plan E3new/revision of master plan Oresource management plan f-lother 2. What is the zoning classification(s)of the site? ~-~ ~ vJ~-~v_ ~. .... 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? ~ 5. What is the maximum potential development of the site if deyeloped as permitted by the proposed zoning? 6. Is the proposed action cons'Is?eh? with the~l~commended uses in adopted local land use plans? ~i~Yes ON, 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radiums of proposed action? 8. Is the proposetl-action cor~ztible with adjoinin~surrounding land uses within a ¼ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lYes ~N. 11. Will the proposed ~ create a demand for any community provided services (recreation, education, polic( fire protection)? (/~Ye~ ~'No a. If yes, is existing capacity sufficient to handle projected demand? I-lYes 12. Will the proposed action result in the generation of traffic significantly above present levels?~ . a. If yes, is the existing road network adequate to handle the additional traffic? OYes ,,'~Xlo. D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c avoid them. E. Verification I certify that the information proviged above is true to the best of my knowledge. "~f:~ ,~¢-..l~lK.~ E' .'~-~=~C-.- Date /~ '~' ~¢-d~ I Applicant/$po,~or Name Signature ./,~,,"z..~..~ ~'..~.x~- Title OU--)i~)I:~-~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedin with this assessment. 5 ", Part 2--PROJ~T IMPACTS AND THEIR MAGI~UDE esponslbility 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 evaluation 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 effects. 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 example provided, check column 2. If impact will 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 significant. Any Jarge 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 column 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 muet be explained in Part 3. IMPACT ON LAND 1 . WiJJ the proposed action result in a physical change to the project site? IINO OYES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, [15 foot rise per 1OO foot of length), or where the general slopes in the proiect area exceed 10%. · Construction on land where the depth to the water table is 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 $ feet of existing ground surface. · Construction that will continue for more than 1 year or revolve 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 soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2 Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)ONO ~]YES · Specific land forms: 6 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By impact Impact Project Change [] ~q ~¥es ~ [] [Yes ~]No [] E] EE]','es ~No [] ~ [~Yes []No ~ ~ ~Yes ~No ~ ~ ~Ves ~No IMPACT ON WATER 3 Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 ot the Environmental Conservation Law, ECL) []]YES Fxamples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utilib~ distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetlapd. · Other impacts. 4 Will proposed action affect any non-protected existing or new body of water? ~'NO []YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of an;' body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? E~NO I~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water 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. · ConstrucUon 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 capacity. · Proposed Action would use water in excess of 20.000 gallons per day · Proposed ,Action wilI likely cause siltauon or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action wi[[ require the storage of petroleum or chemical products greater than 1,100 gallons · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: _T_w~:},t..~ ~4- '~L ~.,~u~.~..k.,, ~.m2~ d.~ ~, Will proposed action alter drainage flow or patterns, or surface v, ater runoff? ~INO [~YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 1 ~" 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact impact I Project Change [] [] []Yes []No [] [] []Yes []No [] [] ~]Yes ~INo [] [] I~Yes []No ~ ~ ~Yes GNo ~ ~ ~Yes ~ ~ ~Yes ~ No ~ ~ ~es ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Y~ ~ No ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? ,NO E]YES Examples that would apply to column 2 · Proposed Action wiiJ induce 1,000 or more vehicle trips in any given hour. · Proposed .Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs, per hour or a heat source producin§ 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 industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? IIINO [~YES Examples that would apply to column 2 · Reduction of one or more species listed on the New ~ork or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical 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 species7 IIINO ~ES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or m~gratorv 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 ~mportant vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? IINO ~YFS Examples that would apply ia column 2 · The propased action would sever, cross or limit access to agricultural land (includes crapland, hayfields, pasture, vineyard, orchard, etc.) 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [~Yes [::]No [] [] E~Yes I--JNo [] [] [~Yes E~No [] [] []Yes [~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Yes ~No · 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 runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ~]NO 'YES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding [and use patterns, whether man-made or natural. · Proposed ]and 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? r~NO mYES Examples that would apply to column 2 · Proposed Action occurring wholly or partia]ly 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 proiect 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 Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to columrr 2 reNO OYES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: I ~1~ 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I~Yes F~No [] [] [~]Yes ~o [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No G ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~¥es ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Y~s 14 IMPACT ON CRITICAL ENVIRONMENTAL AREAS Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? 'NO OYES List the environmental characteristics that caused the designation the CEA Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in the quantity of the resource~ · Proposed Action will result In a reduction in the qualibr of the resource? · Proposed Action will impact the use, function or enjoyment of the resource? · Other impacts: IMPACT ON TRANSPORTATION Will there be an effect to existing transportation s'~tems? L~NO '~ ES Examples that would apply to co[utah 2 · Alteration of present patterns of movement of people and,or goods. · Proposed .&ction ~i]l result in maior traffic problems. · Other impacts: IMPACT ON ENERGY 16 Will proposed action affect the commumt¥'s sources of fuel or energy supply? ~INO ~'~ES Examples that would appl,, to column 2 · Proposed Actian vvll[ cause a greater than 5% increase in the use of any form of energv in the municipalits. · Proposed ~,ct,on',~il[ require the creation or extension of an energy transmJssion or supply system to serve more than 50 sing[e or two i:ami]y residences or to serve a major commerctal or industrial use "Other ~mpacts: 10 1 W 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~ ~'fes []No [] [] I~Yes EE]No [] ~ •Yes g3No [] E3 []'~es ~,No NOISE AND ODOR (M~I~CTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? I~NO I~YES 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 18 Will Proposed Action affect public health and safety? IINO E3YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or re[ease of hazardous substances (i.e. oil. pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow 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.) · Storage facdities for one million or more ga]ions of [iquified natural gas or other flammable liquids · Proposed action may result in the excavation or other disturbance within 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 community? []NO IYES Examples 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 $%. · The municipal budget for capital expenditures or operating services wi]] increase by more than 5% per year as a result of this proiect. · 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 will 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 wi[] create or eliminate employment. · Other impacts: Small to tential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] E~]Yes I~No [] [] E~Yes [-3No [] [] •Yes [] ~ Utes GNo ~ ~ ~Yes ~No ~ ~ ~Yes ~No G ~ ~Yes GNo ~ ~ ~yes ~N0 ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ B ~Yes ~No G ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No G ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes 20 [s there, or is there likely to be, public controversy related to potential adverse environmental impacts? [~NO lYES 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 T o,~i,,O f Southold I~lBox 1179 Soutl"Fold, NY 11971 * * * RECEIPT * * * Date: 02/08/02 Transaction(s): Seqra Review Receipt~: 1360 Subtotal $750.00 Check#: 1360 Total Paid: $750.00 Name: Skrezec, Darrin 840 Clearview Avenue Southold, NY 11971 Clerk ID: BONNIED Internal ID: 49339 ELIZABETH A. NEVILLE TOWN CLERK REG[STILkR OF 'vITAL STATISTICS I~L&RRIAGE OFFICER RECORDS I~L~'4AGEMENT OFFICER FREEDOM OF INFOP~L~,TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone ~631) 765-1800 southoldt own.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 6, 2002 Re: Darin Skrezec change of zone Scott DeSimone, Esq. Attorney At Law 41780 Route 25 Peconic, New York 11958 Dear Mr. DeSimone: Please be advised that there is a SEQRA review Fee for consultation work performed by Nelson, Pope, & Vootu'is in the amount of $750.00 due at this time on the above described application. Check should be made payable to Southold Toxvn Clerk and forwarded to my office as soon as possible. As soon as the fees are received, the application will move forward. The next step is for the SEQRA Review Report to be sent to the Planning Board and the Suffolk County Planning Commission. Should you have any questions, I may be reached at 631 765-1800. Very truly yours, Elizabeth A. Neville Southold Town Clerk cc: Southold Town Board Town Attorney D. Skrezec ~'~ Southold, ~.~ ELIZABETH A. NEVILLE Phon6~y~ TOWN,~LERK REGISTRAR OF '~ ITAL STATISTICS ~ ~ MARRIAGE OFFICER ~ ~ TOWN CLERK 8/02 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort h fork.net Skrezec, Darrin 840 Clearview Avenue Southold, NY 11971 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Received $ 750.00 for Permits - Seqra Review on 02/08/2002. Thank you. It has been our pleasure to serve you. By: at (time issued) change of zone Elizabeth Neville, Town Clerk Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11O71 NELSON, POPE & VOORHIS, LLC February 1, 2002 Re: Toxxn of Southold Change of Zone Petition, SEQRA Reviexv Skrezic Property Dear Ms. Neville: Thank you tbr contacting NP&V for services in connection with SEQR review and the implementation of tbe above referenced project. The following services and tees are proposed: 1. inspect property and area to detemnne enviromnental resources and charactertstics. 2. Revtew Part l Envnonmental Assessment Fonn (ifavadablel. 3. Prepare Part I[ Environmental Assessmenl Form. 4. Prepare delailed em ironmental planning review of the subject application. Fee: $750.00 5. Review supplemental infbt'atation submitted by the applicant in support of the application. 6. Prepare reconunended detenninatmn of sigmificance (if requested by Town Boardl. Fee: Time Rates (Budget: $200.00) Please sign where proxided below to authorize the completion of these services. Thank you for the opportumt3' to assist cn this project. Please fee! free to ca!! should you have any questions. Respectthlly submitted, "--Charles J~X o6rbi~ CEP, A[CP P'File: 09_-*** ACCEPTED AND APPROVED BY: ff.~{x~ r..,~- ~., ~,..-~ DATE: IPlease Slgll and returnS'one cops'} SCOTT DESIMONE ATTORNEY AT La.W 4[780 ROUTE 25 ~ PECONIC - NEW YORK 11958 Phone t~31 /65353~ Ernail TaxCertEsq@aol.com Fax 631 765 5148 November 16, 2001 Town of Southold Tow~ Hall Main Road Southold, New York 11971 Attn: Jean Cochran, Supervisor RE: Application for change of zone tbr property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Supervisor Cochran: As you may 'know, My client, Darrin Skrezic, has an application before the Town Board seeking a change of zone for the above referenced property. Notwithstanding the merits of this application, both the Suffolk County Planning Conmaission and the Southold Town Planning Board have completed their review of the application. Both have recommended denial. Therefore a super majority of the Board Mil be required to approve the application. In an effort to resolve this matter before the end of the year, on behalf of my client, I respectfully request that the Board adopt a resolution at the December 4, 2001 Toxin Board meeting authoring the Town Clerk to publish notice of a public hearing on this matter for the December 20, 2001 Town Board meeting. Notice would have to be published in the December 6, 2001 issue of the Suffolk Times which might require the Town Clerk to schedule the publishing before the December 4, 2001 Town Board meeting. If the Board is so inclined to schedule the public hearing for December 20, 2001, we would respectfully request that the Clerk be directed to arrange for such timely publishing. Please give me a call if you have any questions or if you would like me to attend work session prior to the December 4, 200l board meeting to discuss this application with the Board. Thank you for your courtesy, cooperation and attention to this matter and may I add, thank you for the six years of dedicated leadership you provided to this Toxvn. You will be missed. cc: Town Board Darrin Skrezic Very truly yours, ~De~ t1:11 SC PLANS DEP'T Suffolk County Department of Planning P.O. Box 6100 Haul;gauge, NY 11788.0099 (631) 853-5190 Fat: (631) 853-4044 FAX TRANSMI5SION COVER SHEET YOU SHOULD RECF. IVE ~-PAG£(S), INCLUDING THIS COVER SHEET. YOU I~O NOT REC£1VE ALL TH£ PAGES, PI..F. AS£ C. ALL (631) 853-5190. Message: HIJL'-i_~.-20[I1 11:11 £SCBV~D NO"/ 15 ?,i Soothold Town der[ DEPARTIelrNT OF' PLANNING SC PLP~ING DEP'T SUFFOLK COUNTY ED~ECUTIVE November 7, 2001 P. 92 Elizabeth Neville, Town Clerk Town of Southold S3095 Main Road - P.O, Box I17~ Sootho[d, NY' 11971 Re: Application of"Dan'in Skrezcc" (#318)" for a change of zone from R-40 and HB to LB, at Peconic in the Town of Southold (SD-0I-S). Gentlemen: Pursummt to thc requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the SuffoJk County Planning Commission on November 7, 2001 reviewed the above captioned application and after duc study and deliberation Resolved to disapprove it because of the following ma. sons: I. It constitutes the unw,arranted further perpetuation of strip business development along Middle Road (C.R, 48); 2, It would tend to astabl!sh a precedent for further such downzonings in the locale along C,R. 48; 3, Premises can be reasonably developed in accordance with existing zoning; 4. It conU'avane past actions of the Town Board in diminishing strip commercial zoning duoughout the Rte. 48 Corridor: and, 5. It is inconsistent with the Town of Southold Rte. 48 Corridor Study which calls t'or the preservation and enhahcement of the rural and scenic vista characteristics of said roadway. VoW truly yours, GN:cc Thomas Isles i~f Planning C, yfa I d o? wma, t'a p ne' F. TOTAL ' RECEIVED Soulhold Town Clef[ DEPARTMF'NT OF PLANNING Ct~IN'-I"Y OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE November 7, 2001 THOMAS ISLES, AICP DIRECTOR OF' PLANNING Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Application of"Darrin Skrezec" (#318)" for a change of zone from R-40 and HB to LB, at Peconic in the Town of Southold (SD-01-5). Geutlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Cmnmission on November 7, 2001 reviewed the above captioued application and after due study and deliberation Resolved to disapprove it because of the following reasons: l. It coustitutes the uuwarranted further perpetuation of strip business development along Middle Road (C.R. 48); 2. It would tend to establish a precedent for further such downzonings in the locale along C.R. 48; 3. Premises can be reasonably developed in accordance with existing zoning; 4. It contravene past actions of the Toxvn Board in diminishing strip commercial zouing throughout the Rte. 48 Corridor: and, 5. It is inconsistent with the Town of Southold Rte. 48 Corridor Study which calls for the preservation and enhancement of the rural and scenic vista characteristics of said roadway. Vew truly yours, GN:cc Thomas Isles b~'~ \ "'"'"~*~)~ ~Directo~f Planning  ld G'~Newman ner N37~'04~50' _'~' .... _ .... ~ ,- 312.39' '41 Z < PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLL~VI J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM. JR. RICI-L~RD CAGGIANO RECEIVED OCT 2 4 2001 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 1]_971-0959 Telephone (631) 765-1938 Fax (631) 765-3]_36 Southold Town Cleft. MEMORANDUM TO: FROM: DATE: SUBJECT: Elizabeth A. Neville, Town Clerk Bennett Orlowski, Jr., Chairman ~.D-~/ October 24, 2001 Change of Zone Request for Darrin Skrezec Route 48, Southold SCTM#1000-74-4-14.1 Pursuant to our recommendation of August 14th, the Planning Board was asked by the applicant's attorney, Scott DeSimone, to reconsider its position. The Board has reviewed the additional information and has re-affirmed its initial recommendation that this petition be denied. If the property owner wishes to pursue his proposal, he is entitled to submit a change-of-use application to the Zoning Board of Appeals. /ck Amended rules effective July 1, 1992; further modified July 1, 1993 .(S267b): USE VARIANCE is authorization by the ZBA for the use of. lan~ in a manner or for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (S267(1) cf Town Law) The applicant must demonstrate to the ZBA that: 1. For each and every permitted use under the zoning regulations for the particular district wh~re the property is located: (a) the applicant cannot realize a reasonable return, provided 'that lack of return is substantial as demonstrated by competent financial evidence; (b) the alleged hardship relating to the property is unique and does not apply to a substantial portion of the district or neighborhood; <Otto v. Steinhilber 282 NY 71 and Douglaston Civic Assn. Case tests> (c) the request will not alter the essential character of the neighborhood; <Rochester Transit v. Crowley 205 'Misc. 933; variance denied> (d) the alleged hardship has.not been self-created. <Holy Sepulchre Cemetery ~. ZBA Town of Greece· 271 App Div. 33 - neighborhood was undeveloped; lot was acquired as a prohibited use; variance denied.> 2. ZBA. must grant minimum variance necessary while at the same time preserve and protect the. character of the neighborhood, and the health, safety and welfare of the community ~267-b(3-c). 3. ZBA must insure that spirit of the ordinance will be observed, public s~fety and welfare secured, and substantial justice done. Prepared by the Southold Town Board of Appeals References: New York Town Law and Department of State ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAttRIAGE OFFICER RECOI~DS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 2, 2001 Gerald G. Newman, Chief Planner Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Newman: In accordance with our telephone conversation this rooming, I am enclosing copies of all document, correspondence, site plan and maps relative to the Damn Skrezec change of zone application. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (1) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M-M~4AGEMENT OFFICER FREEDOM OF INFORS~L~TION 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 SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 659 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2001: WHEREAS Darrin Skrezec has proposed a change in zone for the property identified as SCTM#1000-74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet xvest of Peconic Lane; and WHEREAS the proposed change of zone is from Hamlet Business and Low-Density Residential (R-40) to Limited Business (LB); therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP,~L~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 588 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: RESOLVED that the To~vn Board of the Town of Southold hereby engages the professional services of Nelson, Pope & Voorhis to perform the SEQRA review for the petition for zone change filed by Darrin Skrezec for the property identified by SCTM#1000-74-4-14.1 from R- 40 Low-Density Residential and HB Hamlet Business to LB Limited Business. Elizabeth A. Neville Southold Town Clerk DESIMONE A'ITORNEY AT L~.W 41780 ROUTE 25 ~ PECONIC N NEW YORK 11958 Phone 631 765 3535 Ema/l TaxCertEsq@aol.com Fax 631 765 5148 Town of Southold Town Hall Main Road Southold, New York 11971 Attn: BermeU Orlowski Jr.,Chairman Southold Town Planning Board August22,2001 AU0 2 5 2001 Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTNI No.: 1000-74-4-14.1 Dear Mr. Orlowski: Thank you for your invitation to address the Board concerning this matter. My client and I will be present at the August 27. 200l Planning Board work session scheduled for 4:30 P.M. Town Board Betty Neville, Town Clerk Dan'in Skrezec Very truly yours, OTT DESIMONE ATFORNEY .~r LAW ~ 2 Q ~0l 41780 ROUTE25 - PECONIC - NEW YOt~K 11958 Phone 63l 7653535 Email TaxCertEsqk~'aol.com Fax 631 765 5148 Sflthold Tm OedL August 17, 2001 Town of Southold Town Hall Main Road Southold, New York 11971 Attn: Bennett Orlowski Jr.,Chairman Southold Town Planning Board RE: Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Mr. Orlowski: I am in receipt of a copy of your memo concerning the above referenced Change of Zone application. Obviously, I am disappointed with the Board's recommendation. It caught me by surprise because I had anticipated being notified of the date when this matter would be on the Planning Board work session agenda. I certainly would have attended the work session even if only to listen to the discussion, and certainly would have requested permission to address the Board concerning the application. I would sincerely appreciate the opportunity to brietly discuss this matter with you. Accordingly, I ~vould like to schedule a meeting with you at your earliest possible convenience. Please advise. Thank you tbr your courtesy, cooperation and attention to this matter. CC: Town Board Betty Neville, Town Clerk Dan:in Skrezec Ver~. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 RECEIVED kU6 14 2001 TO: FROM: RE: Elizabeth Neville, Town Clerk Bennett Orlowski, Jr., Chairman Planning Boar~ Change of Zone request for Darrin Skrezec Route 48, Southold SCTM# 1000-74-4-14.1 Zone Low Density Residential (R-40) & Hamlet Business (I-lB) DATE: August 14, 2001 Southold Town ClerfL ~Q~ST This is a request for a zone change from Low Density Residential (R-40) and Hamlet Business to Limited Business (LB). REVIEW This parcel is located on the scenic corridor of Route 48. The 3.7 acre parcel is presently zoned R-40 on the larger piece facing Route 48, and a smaller portion of the property on the south side against the railroad tracks is zoned Hamlet Business (HB). The area to the north across Route 48 is zoned Low Density Residential (R-80) and is heavily treed. Two lots to the west of the property are zoned Light Industrial (L I). However, the car repair shop and the stone and gravel business buildings are both about 400' from route 48. The front landscaped area of both these parcels masks this commercial operation. This general area has a feeling of openness and of a rural character. The present owner, Mr. Skrezec, bought the property on November 2, 2000. Before this sale on September 30, 2000 a small strip of this property 10' by 175' was transferred by deed to Julia Day Leo, the adjoining property owner, thus her existing Residential Office (RO) parcel now has this small 10' by 175' strip added to it that is zoned R-40. RECOMMENDATION The small portion of the subject parcel that is currently zoned Hamlet Business (HB) should be rezoned to Low Density Residential (R-40) as is the rest of the property. This would be in keeping with the Town's desire to retain the scenic vista along Route 48. If this parcel were rezoned to Limited Business (LB), as requested, the existing residemial parcel could become a restaurant, hotel or a machine shop, which is not in keeping with the Town's plan for Route 48. I would also recommend that the Owner of SCTM # 1000-74-4-16 Julia Day LEO prepare a lot line application. This process will then make this lot recognized by the Town. The small strip should then be rezoned to Residential Office to conform to the rest of this lot. RECEIVED Southdd To~n C~erk DEPARTHENT OF PLANNING OF SUFFOLK August 8, 2001 THOI4/-$ ISLES. AICP DIRECTOR OF F~LANNINO Town Clerk To~vn of Southold Re: Application of "Darrin Skrezec"for a change of zone from Low Density Residence (R-40) and Hamlet Business (HB) to Limited Business (LBI at Peconic in the Town of Southold (SCTM # 1000-74- 4-14.1) Gentlelxten: Please be advised that pursuant to Sections A 14-14 to 23 of the Snffolk Count3 Administrative Code, the above captioned application will not be reviewed until the /bllowing information is submitted through the offices of the municipal referring agency. l. A copy of the application: 2. Asite plan; 3. an area map depicting land uses and zoning on and within 200 fi. of premises: 4. Finalized information relative to the SEQRA process; and 5. Recommendations of the Town Planning Board Thank you. Vepj truly yours, Thomas Isles Director of Planning GGN :cc S/s Gerald G. Newman Chief Planner ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS i',L~.RRIAG E OFFICER RECORDS I~L~kNAGEMENT OFEICER FREEDOM OF INFORM~ATION 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 SOUTHOLD August 4, 2001 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed change of zone application of Dan'in Skrezec for change of zone from Low-Density Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) on his property located at the south side of County Road Route 48, Southold. Please prepare an official 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. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney S.DeSimone, Attorney D. Skrezec ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS IVIARRIAGE 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 SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 547 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: WHEREAS a petition has been received from Darrin Skrezec for a change of zone from Low-Density Residential 01-40) and Hamlet Business (HB) to Limited Business (LB) on a certain property located on the south side of County Route 48 and one lot ~vest of Peconic Lane, Peconic, New York and identified as SCTM# 1000-74-4-14.1; noxv therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR 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 $OUTHOLD August 4, 2001 Thomas P. Isles Suffolk County Planning Department PO Box 6100 Hauppauge, New York 11788-0099 Gentlemen: Transmitted is proposed change of zone application of Damn Skrezec for change of zone from Low-Density Residential (R40) and HamletBusiness (HB) to Limited Business (LB) on his property located at the south side of County Road Route 48, Peconic. Please prepare an official report defining the Planning Department'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. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney. S. DeSimone, Attorney D. Skrezec ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~,GE OFFICER RECORDS I~kNAGEMENT 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 SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 547 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: WHEREAS a petition has been received from Darrin Skrezec for a change of zone from Low-Densi ,ty Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) on a certain property located on the south side of County Route 48 and one lot west of Peconic Lane, Peconic, New York and identified as SCTM#1000-74-4-14.1; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk Coun ,ty Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Elizabeth A. Neville Southold Town Clerk ¸4' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAHRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI~MATION 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 TO~N OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 547 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: WHEREAS a petition has been received from Darrin Skrezec for a change of zone [r.o.m Low-Densi ,ty Residential (R-40) and Hamlet Business (HB~ to Limited Business (LB) on a certain property located on the south side of County Route 48 and one lot west of Peconic Lane, Peconic, New York and identified as SCTM#1000-74-4-14.1; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the S. onthold Town Planning Board and the Sufl'olk County. Del)artment of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Sufiblk County Charter. Elizabeth A. Neville Southold Town Clerk RESOLUTION JULY 31, 2001 V - 547 WHEREAS a petition has been received from Darrin Skrezec for a change of zone from Low-Density Residential (R-40) and Hamlet Business 0tB) to Limited Business (LB) on a certain property located on the south side of County Route 48 and one lot west of Peconic Lane, Peconic, New York and identified as SCTM# 1000-74-4- 14.1; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. ELIZABETH A. NEVILLE TOWN CLERK REGISTP~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ND~,NAGEMENT OFFICER FREEDOM OF INFORM~ATION 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 SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 546 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies~ in regard to SEQRA in the matter of the petition of Darrin Skrezec for a change of zone from R-40 Low Density Residential and HB Hamlet Business to LB Limited Business on a certain property located on the soRth side of County Route 48 in Peconic, New York. Elizabeth A. Neville Southold Town Clerk · Town Of Southold Box 1179 NY 11971 * * * RECEIPT * * * Date: 06/08/01 Transaction(s): Change of Zone Petition ReceiptS: 1113 Subtotal $1,000.00 Check#: 1113 Total Paid: $1,000.00 Name: Clerk ID: Skrezic, Darrin Natural Landscape Accents 840 Clearview Ave. Southold, NY 11971 LINDAC Internal ID: 33677 C,~ange of Zone Petition No. 318 flied 6/8/01 DESIMONE ATYORNEY AT LAW 41780 ROUTE 25 ~ PECONIC ~ NEW YORK 11958 Phone 631 765 353,5 Email TaxCertEsq@aol.com Fax 63/765 5148 Town of Southold Town Hall Main Road Southold, New York 11971 Atto: Members of the Town Board June 7, 2001 REC.LqVED RE: Application for change of zone for property located at: s/s Route 48 approx. 250' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Members of the Town Board: My client, Darrin Skrezic, is submitting his application for a change of zone for the above referenced parcel. We would like to bring to your attention the following associated matter. My cliem purchased the property several months ago from several people, one of whom is an adjoining propemj owner. My client was purchasing only p/o tax lot 14.1 That portion of the parcel represented on the attached "change of lot line" map as a I0' wide driveway adjoining "lot 2' on said map was to be retained by the owner of lot 2. The transaction occurred however without seeking subdivision approval by the town. A lot line change application is being submitted to the planning depmiment on or before Tuesday June 12, 2001. We bring this to your attention for two masons. First, the Suffolk County Tax Services Agency has already altered the tax map to reflect the change. Lot ! on the enclosed map known as tax lot 16 is now tax lot 16.1 showing the addition of the strip. Second, the 10 foot strip is zoned R-40 and the original tax lot 16 is zoned HB. Tbereforeou would now have a split zoned parcel. I suspect the Town would want to see the 10 foot slxip rezoned to HB to conform with the zoning of the original tax lot. If you have any questions, please do not hesitate to contact me. Thank you for your courtesy, cooperation and attention to this matter. ce: Darrin Skrezic Very truly yours, PETITION NO. RECEIVED PETITION STATE OF NEW YORK ~autfl01d Town ClerJ TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, I.-)j~ J2~ J~ ~. ~_j~j~-~_.~ , residing at ~LJ/~ ~_~bM/~t~u ~ ~(,~/~J*O[~ Petitioner ~J~J ~Dq~ ~[c~q I I Suffolk County, New York, the undersigned, am the owner of certain real property situated at G~-~ ~b~: p~*~24L.(~..~iI~1/, and more particularly bounded and described as follows: 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 foUows: ~0 t,i~t.'~"T' 'V'~O'5~ ~ 3. Such request is made for the following reasons: p~ ~. ~ ~ ~-~o, q- ~ ~ ,, STATE OF NEW YORK)ss:~ COUNTY OF SUFFOLK) ~R-~IU 6- 2.%V~t~.U=r(__ BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this (~4~ day of ~  ot~r P~..~lic SCOTT DESIMONE ll/ofa~ Pubfic. State of New y~ . No 5055298~. ~ Ouatified n Ne~Counfv COmrniss~on Expires Fel~'uary 5~ 21~'" 12087 158 SCHEDULE A - DESCRIPTION ALL that certain pfot, piece or parcel of land, situate, l)ing and being at Peconic, in ~ T~ of Soufoold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a mom~ment set on the southerly side of Midge Road (C.IL 48) dis~nt the following four 2. North 34 dugro~ 41 minul~ 50 seconds West, 10.00 f~t along the westerly side of Peconic Lane to ltmd no~ or f~ of .Inlis Day Leo and I. xmise O. Day; 3. RUNNING THENCE along said lands South 55 ~grees 18 minut~ l0 seconds Wesi, 175.00 4. RUNNING THENCE, North 34 del~rues 41 minutes 50 seconds West, 345.58 feet totl~ monum~t at the point or place of b~_',,-ing; RUNNING THENCE from said point ofb~nnin~, SoHth 34 degrees 41 minules 50 seconds Fast, 355.$8 feet to land now or formerly of Dan; RUNNING THENCE along said lands the following Imvo (2) courses aud distances: 1. South 55 degn:es 18 minutes I0 s~m~ds Wes~ 50.00 fec~; 2. South34 degn~es41 minul~ 50 seconds East, 135.79 fo~ to land now or formerly of the lk{TA (Long lglnnd ~ Road); RUNNING THENCE along said lands, South 55 degtues 05 minutes 20 seconds Wes~ 177.88 fua to land RUNNING THENCE ~long said lands the following two (2) courses and 1. North 37degrees04 minutes.60 seconds West, 163.00 fuet; 2. South 55 degtues05 minutes 20 seconds West, 158.99 fee~ to land now or formerly ofl3auer Farms, Inc.; RUNNING THENCE along said lands, North 37 de,rues 04 minutes 50 seconds West, 312.39 f~t to the so,dh~y side of Middle Road (C.R. 48); RUNNING THENCE along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 roim,,~ 40 14og~ 3~ 3Itl TOWN BOARD, TOWN OF SOl'O_ LD In the Matter of the Petition of DARR1N E. SKREZEC to the Town Board of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNERS TO: NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn 3305 Pecomc Lane P.O. Box 206, North Rd., Pecoulc, N.Y. 11958 Julia Day 3105 Peconic Lane 337 W. 21 ~t Street, Apt. 5-B, New York, N.Y. 10011 Edward Dart 2935 Peeonic Lane P.O~ Box 1, Peconic Lane, Peconie, N.Y. 11058 Bauer Farms Inc. 32860 Route 48 Bay Avenue, Cutchogne, N.Y. 11935 MTA-LIRR -None- Jamaica Station, Jamaica, N.Y. l 1435 YOU Pd~E HERBY GIVEN NOTICE: 1. That it is the retention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property ia vacant land containing approximately 4 acres and ia located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business and Residential (R-40) 4. That by such petition, the undersigned will request that the above-described property be placed m the following zone district classification: Hmited Bus'mess (LB) That within five days fi.om the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours~ That before the relief sought may be grante&, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Tunes or in the Long Island Traveler-Matfituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 7, 2001 ~ Southold, New York 11971 By: Scott DeSimon¢, Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 -U.S. Postal ~er~/ice CERTIFIED MAIL RECEIPT iDon~esbc Mail Only; No Insurance Coverage Provided~ o ...... t Relu,rea, I __ ~ L __k ~ ; 4~780 ~O~T[ 25 - P~¢0~i/C -- ~Y 11958 , U.S. Postal Service CERTIFIED MAIL RECEIPT ~11 I I , ~ ....... U.S. Postal Se~ice CERTIFIED MAIL RECEIPT ,Domestic ~ail Only; No Insurance Coverage Provided) ~--. ~;~: ~r~,'" · o.,.~.~,.. ~... ~$ ~'~: Z:Wovok.· [E~ ~ ATTORNEy AT LA~V 41,80 RO~[ 25 -- P~Cfl,~'IE -- ~y llqlg mI U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insttrance Coverage Provided) I & ATTORNEY AT LA~ ........ U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided} APPLICANT TRANSACTIONAL DISCLOSUHE FOHM The Town of Southold's Code of Ethics prohibits conflicts of interest Qn the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone ~ Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, s~ouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO .~ If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The parent, A) B) C) D) town officer or employee or his or her spouse, sibling, or child is (check all that apply): the owner of greater than 5% of the shares of the . corporate stock of the applicant (when the applicant is a corporation); the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); an officer, director, partner, or employee of the applicant; or the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th_is ~4~day of Signature Print name ~.~ 14-16-2 [2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQI~ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projecl or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determin~ significance may have little or no formal knowledge of the environment or may be technically e~pert in environmenta~ analysis· In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin~ the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatior process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full £AF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3t Part 2: Focuses on identifying the range of possibJe impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially. large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not thc impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 [~Part 3 Upon review of the information ~'ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] 13. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Date 5. Approximate percentage of [ .~ct site with slopes: ,~-10% ~ % [:310-15% % [15% or greater % 6. IS project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? []Yes ,~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? rqYes ~.No 8. What is the depth of the water table? ~-~h~'~'~t(in feet} 9. Is site located over a primary, principal, or sole source aquifer? ]~l~'es E:]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~lYes ~i~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [Yes ]~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) DYes ~'No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? E]Yes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? E:]Yes 1~o 15. Streams within or contiguous to project area: ~/O~V~ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by-~xisting p_ublic utilities? ~Yes a) If Yes, does sufficient capacity exist to allow connection? I~Yes I-1No b) If Yes, will improvements be necessary to allow connection? [Yes 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ~lYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6177 []Yes J~o 20. Has the site ever been used for the disposal of solid or hazardous wastes? r-lYes '~o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). I a. Total contiguous acreage owned or controlled by project sponsor ~-r b. Project acreage to be developed: ~) acres initially; /-~ c. Project acreage to remain undeveloped ~ acres. d. Length of project, in miles: IU'~,,. (If appropriate} e. If the project is an expansion, indicate percent of expansion proposed J~'~ %; f. Number of off-street parking spaces existing Itl ~ ; proposed g. Maximum vehicular trips generated per hour ~ (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure ~g-~' height; width; length. j. Linear feet of fro.ntage along a public thoroughfare project will occupy is? ~ I:t. acres. acres ultimately. Condominium 3 25. Approvals Required: City, Town, Village Board ~Yes [qNo City, Town, Village Planning Board [:]Yes ~No City, Town Zoning Board []Yes ~LNo City, County Health Department []Yes Other Local Agencies []Yes I~LNo Other Regional Agencies [:]Yes [~o State Agencies [~Yes 1~o Federal Agencies I-1 Yes C. Zoning and Planning Information I. Does proposed action involve a planning or zoning decision? [qYes [~,Jqo If Yes, indicate decision required: [~zoning amendment I-Izoning variance I-Ispecial use permit E:]subdivision E3site plan I-Inew/revision of master plan [:]resource management plan [=]other 2. What is the zoning classification(s)of the site' '~~ 3. What is the maximum potential develop~nent of the site if developed as permitted by the present zoning? Submittal Date 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if deyeloped as permitted by the proposed zoning? '~ ' --~ ~ ' ~ ~ - ~ - I ~- l 6. Is the proposed action consistent with the~commended uses in adopted local land use plans~ ~Yes ~N, 7. What are the predominant land use(s) and zonin~ classifications within a % mile radiu~ of proposed action? 8. Is the proposed action com~tible with adjoinin~surroundin~ land uses within a % mile? ~es ~N 9. If the proposed action is the subdivision of land, how many lots are proposed~ a. What is the minimum lot size proposed~ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts~ ~Yes ~N. 11. Will the proposed action create a demand for any community provided se~ices (recreation, education, polic( fire protection)~ ~Yes ~No a. If yes, is existing capacity sufficient to handle projected demand~ ~Yes ~No 12. Will the proposed action result in the generation of traffic significantly above present levels? ~Yes , a. If yes, is the existing road network adequate to handle the additional traffic~ ~Yes ~No- D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may he any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. "~fl ~IAJ E* ,'~iY--~'~--- Date ~4 '~' a~ I Applican~Sp~or Name Signature ~r~ ~. ~ Title 0~ · ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedin with this assessment. 5 ~$~c?zot~s~oso~s Eo~ The Town of Southold's Code of Ethics prohibits conflicts of interest Qn the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary, to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone ~ Approval of plat __ Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, s~ouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Soutbold? 'Helatlonship" includes by blood, marriage, or business interest. "Business interest" means a business, inclsding a partnership, in which the tow~ officer or employee has even a partial ownership of (er e~plo~_~nt by) a corporation in which the town officer er employee owns more than 5~ of the shares. YES __ NO .~ If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greate.r t~an 5% of the shares of the corporate stock of the applicant (when the appl%can~ is a corporation); __.B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th_is ~k~day of ~ 1~_~)~l Print name ~)~;~<,~ ~. S~'~3%~ 2. How much naturall 3. Will disturbed areas be reclaimed~ I~Yes ~No a. If yes, for what intend~C purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? r~Yes ~No c. Will upper subsoil be stockpiled for reclamation? ~lYes (i.e., rock, earth, etc.) will be rem from the site? O ~lNo tons/cubic yar.ds . 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .~ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [:]Yes ,~'N o 6. If single phase project: Anticipated period of construction ~ months, (including demolition). (number). ~ month year, (including demolition). ~ month year. EYes I~No 7. If multi-phased: a. Total number of phases anticipated ~JIl~ b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lYes ~"~o 9. Number of jobs generated: during construction M~ 10. Number of jobs eliminated by this project ~ 11. Will project require relocation of any projects or facilities? ; after project is complete I-lYes ,,~o If yes, explain 12. Is surface liquid waste disposal involved? 0-1yes ,~o a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~Yes ~'No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain [:]Yes 15. Is project or any portion of project located in a 100 year flood plain~ ~lYes ~1o 16. Will the project generate solid waste? l-lYes a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? r-lYes ~lNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? F'iYes e. If Yes, explain f-INo 17. Will the project involve the disposal of solid waste? i-lYes a. If yes, what is the anticipated rate of disposal? b. It~ yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides;~ i-lYes ~o tons/month. 19. Will project routinely produce odors (more than one hour per day)? I-lYes 20. Will project produce operating noise exceeding the local ambient noise levels.~ [:]Yes 21. Will project result in an increase in energy use? I-lyes If ~es , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding~ i-lyes ~i~o If Yes, explain 4 PART 1--PROJECT )RMATION · Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe, on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider¢ as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full E^F will be dependent on information currently available and will not invoh new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each instance. NAME OF ACTION LOCATION OF A~ON IIRclude Street Ad~lre~s, Municipality a~d County) NAM~:,~F AP~0~ANT~SP~ONSOR~ - I. ~ I ~ ~ ' ~ ~ ~USlN~SS TELEPHONE STATE I NAME OF OWNER If~lfferent) L~ ADDRESS CiTY/PO '¥Lo b I tgq I DESCRIPTION OF ACTION ~ BUSINESS TELEPHONE ( STATE I ZIP CODE Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: I-1Urban ~llndustrial I-ICommercial [~Residential (suburban) J~ural (non-fan I-IForest I-iAgriculture [-IOther 2. Total acreage of project area: I~L acres. APPROXIMATE ACREAGE AFTER COMPLETION Meadow or Brushland (Non-agricultural) I.~ PRESENTLY acres ~ acres Forested acres acres Agricultural (includes orchards, crop[and, pasture, etc.) acres ".acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECl.) acres . acres Water Surface Area acres . acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type), acres . acres 3. What is predominant soil type(s) on project site? a', Soil drainage: ~Well drained ~00 % of ~te I-IModerately well drained % of site I-IPoorl¥ drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N Land Classification System? .i~,~., acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? l-lyes Ho a. What is depth .to bedrock? ~ .~ · (in feet) ,¢ I BOUNI:DAP-.'1' LINE ALTEtRATION APPLIC. ANT.S, ]DARt~IN 5K. REZEC, 640 (-.LEAt~'..VIEP, I AVENUE .SOUTHOLD, NY IIq-fl JULIA IDA"r' LEO ~;~'-'/ PIE.ST 21.ST .ST NEPI 'CORK, LOUI.SE O PA'C PECONIC. LANE PEC. ONIC, NY Iiq56 ®~.A F:'H I C. SC, ALE 1"=40' .SITUATE, PECONIC, TOI.".IN= .SOUTHOLID ¢.C::,UPPOLt(. COUNTT, N'I' ,' $55°05'2.0"W 158.99' S55~05'20"W NDD°IS'IO"R N~5*I[~'IO" 1'75.OO' S55018' 10'~ 50.00' 175.00' 177.88' PROPOSED CONFIGURATION 6 EAST MAIN STREET N,Y.S LIC NO. 50202 PGVEI~IEAD, N.Y 11901 369-8288 Fmx 369-8287 REF.-\klaP SERYERkDkPROS~2U-240c plo ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M.~qAGEMENT 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 681 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: WHEREAS Dan'in Skrezec has amended a proposed a change in zone for the property identified as SCTM# 1000-74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet xvest of Peconic Lane; and WHEREAS the an'tended, proposed change of zone is from Hamlet Business and Low-Density Residential (R-40) to Limited Business (LB) and Residential Office (RO) District Designation; therefore be it RESOLVED that thc Town Board of thc Toxvn of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Elizabeth A. Neville Southold Town Clerk RESOLUTION October 22, 2002 V - 681 WHEREAS Dan'in Skrezec has amended a proposed a change in zone for the property identified as SCTM#1000-74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane; and WHEREAS the amended, proposed change of zone is from Hamlet Business and Low-Density Residential (R-40) to Limited Business (LB) and Residential Office (RO) District Designation; therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQIL4, Rules and Regulations. SCOTT DESIMONE ATTORNEY AT LAW 41780 ROUTE 25 - PECONIC ~ NEW YORK 11958 Rl'fd~'l¥~[JPhone 631 765 3535 Email TaxCertEsq@aol.com Fax 631 765 5148 1 5 200 %ulholcl Town Clerl Elizabeth A. Neville, Southold Town Clerk Town Hall Main Road Southold, New York 11971 January l3, 2003 RE: Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Ms. Neville: Enclosed please find metes and bounds legal descriptions for the portions of the subject property rezoned from R-40 and HB to RO and LB. Please provide me with a copy of the local law effectuating the change of zone when it is filed with the Secretary of State. Thank you for your courtesy, cooperation and attention to this matter. Very truly yours, cc:DarrinSkrezec 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 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 680 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: RESOLVED that thc Town Board of Southold hereby declares itself lead agency as there are no other involved agencies~ in regard to SEq}RA in the matter of the amended petition # 318, of Darrin Skrezec for a change of zone from R-40 Low Density Residential and HB Hamlet Business to LB Limited Business and Residential Office (RO) District Designation_ on a certain property located on the south side of County Route 48 in Peconic, New York. Elizabeth A. Neville Southold Town Clerk RESOLUTION OCTOBER 22, 2002 V - 680 RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQ1L~ in the matter of the amended petition # 318, of l)arrin Skrezec for a change of zone from R-40 Low Density Residential and HB Hamlet Business to LB Limited Business and Residential Office {RO) District Designation on a certain property located on the south side of County Route 48 in Peconic, New York. John C. Ehlers Land Surveyor 6 East Main Street Riverhead, N.Y. 11901 Legal Description RO parcel Beginning at a concrete monument at the Northwest comer of the land of McGlynn and the Northeast comer of the land of Skrezec said monument being 155 feet more or less from the intersection of the southerly line of Middle Road (C.R. 48) and the westerly line of Peconic Lane, Running thence along the Westerly line of land of McGlynn and later Julia Da3' Leo South 34041'50'' East, a distance of 267.42 feet: thence through the land of Skrezec the following two courses and distances South 52°48'40" West, a distance of 150.00 feet; thence North 34°41'50TM West, a distance of 267.42 feet to the southerly line of Middle Road (C.R. 48): thence along the southerly line of Middle Road (C.R. 48) North 52°48'40'' East, a distance of 150.00 feet to the Point or Place of Beginning. Containing 0.92 ACRES, more or less. Legal Description LB parcel Beginning at a point 305 feet more or less from the intersection of the southerly line of Middle Road (C.R. 48) and the westerly line of Peconic Lane: Running thence through the land of S~ezec the following two courses and distances South 34°41'50" East, a distance of 267.42 feet: thence North 52°48'40" East, a distance of 150.00 feet to the westerly line of the property of Julia Day Leo; thence along the properD' of Leo South 34041'50'' East, a distance of 88.20 feet to the land of Edward and Judy Dart thence along the land of Dart the following two courses and distances: South 55°18'10'' West, a distance of 49.96 feet; thence South 34041'50'' East, a distance of 135.79 feet to the noaherly line of property of the long Island Railroad; thence along said properly South 55°05'20'' West, a distance of 177.88 feet to the land of Bauer Farms Inc.; thence along the land of Bauer Farms Inc. the following three courses and distances Noah 37004'50'' West, a distance of 163.00 feet; thence South 55°05'20" West, a distance of 158.99 feet: thence Noah 37004'50'' West, a distance of 312.39 feet to the southerly line of Middle Road (C.R. 48); thence along the southerly line of Middle Road (C.R. 48): North 52°48'40" East, a distance of 256.98 feet to the Point or Place of Beginning. Containing 2.73 ACRES, more or less. ELIZABETH A. NEVILLE TOWN CLERK REGISTP,.AR OF VITAL STATISTICS I~LARRIAGE OFFICER RECORDS ~NAGEMENT OFFICER FREEDOM OF INFORS, L, kTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 15, 2003 Re: Darin Skre?ec change, of zone Scott DeSimone, Esq. Attorney At Law 41780 Route 2_5 Peconi¢, New York 11958 I received your letter this morning together xeith the metes, and bounds desc6ohon to complete the above file and to enable us to update the zoning map. You ask that I provide you ~vith a copy of.the local la.~v when it is filed ~dth the.Secret~ of. State. It has.already bee, n. filed with the Secretary of State. I sent it to them on October 25, 2002 and subsequently received a notice fxom .them on Nos/embex 8, 2002 staling .that .they had mceivedand filed it on Ocxobex 28, 2002. Copies am enclosed. Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORi%L&TION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.nor t hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To~ From: Re: Date: Supervisor & Town Board Members Town Attorneys Town Clerk Elizabeth Neville Darrin Skrezec change of zone application to RO & LB September 11, 2002 I received a telephone call from Darrin Skrezec requesting that a public hearing be set-up on his change of zone application. The Suffolk County Planning Commission's recommendation was received on 9/9/02, the Southold Town Planning Board's was received on July 30, 2002. Mr. DeSimone attended the August Planning Board at which it was suggested that he further amend the application to RO alone. Shortly after this meeting he advised me that Mr. Skrezec would be proceeding with his amended application for LB & RO. Mr. Skrezec contends that this property was overlooked when the Town Board did the CR48 rezonings, and points to other commercial use properties in the surrounding that are zoned business and commercial. I have attached the application, radius map, SEQRA repons and recommendations from the Planning Board and Suffolk County Planning Commission. I am also attaching documents from his first original application (submitted on 6/8/01) in which he requested LB only. Please review and advise whether or not the Town Board will consider scheduling a public hearing at this time. Thank you. Rug ~2 02 09: 11~ SCOTT SlMO~E ~31 765 5148 p.1 Elizabeth A. Neville, Southold To.aa Clerk Town Hall Main Road Southold, New York 11971 August 22, 2002 RE: Application for change of zone for property located at: sis Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Ms. Neville: Confirming our conversation, Mr. Screzec will be proceeding with his amended application seeking a change of zone from R-40 and HB to LB and RO. I trust you will transmit the required paperwork to the Suffolk County Planning Commission at your earliest possible attention. Please call me with any questions you may have concerning this submission. Thank you for your courtesy, cooperation and attention to this matter. Very truly 5'ours, Scott DeSimone cc: Damn Skrezec ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M.~qAGEMENT OFFICER FREEDOM OF INFORNL~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtmvn.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 25, 2002 New York State Department of State State Records and Law Bureau 4l State Street Albany, NY 12231 RE: Local Law Number 6 of 2002 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 6 of 2002 of the Town of Southold suitable for filiRg in your office. [ would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures Very truly, yours, Elizabeth A. Neville Southold Town Clerk cc: Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATIST[CS MARRIAGE OFFICER RECORDS I~L~'~AGEMENT OFFICER FREEDOM OF INFOPJ/L&TION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 25, 2002 Attention: Shirley Flint Code Supplementation General Code Publishers Corp. 72 Hinchey Road Rochester. New York 14624 Re: Town of Southold Code Local Law Nmnber 6 of 2002 Dear 1Ms. Flint: Transmitted herewith please find the Local Law Number 6 of 2002. Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET~ ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate ne~v matter. Town of SOUTHOLD LOCALLAWNO. 6OF2002 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Re~.I1,99) (1) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 02 of the (Cz:zn.%')(C:..b')(Town) Og4klag~) of SOUTHOLD was duly passed by the TOWN BOARD on October 22 ,20 02 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Cotmty)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law'. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of ',vas duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 __. Such local Iaw xvas submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a toxvn where such officer is vested with the power to approve or veto local laws or ordinances. (2) · 5. (City local law concerning Charter revision proposed by petition.) ! hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (Count, local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and xvas finally adopted in the manner indicated in paragraph 1 , above. Clerk o[' the ~nty legislat&'e body. City. '~wn or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Sea]j Date: __October 25, 2002 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney, or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I. the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law~7-~~a~ h~er~~...~..~_ Kathleen Murray, Ebq. r~ssistant To'~n Attorney C~'egor¥}-. -~-akabo~k~ E,,t.~ To,,,, Ai~6rney Town of SOUTHOLD Date: October 25, 2002 (3) 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 southoldt own.north£ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 706 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, on the 8th day of October, 2002, a Local Law entitled "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO)", and WHEREAS, a Public Hearing ~vas held on this Local Law on the 22nd day of October, 2002 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Toxvn of Southold hereby enacts the folloxving Local Law: LOCAL LAW NO. 6 OF 2002 BE IT ENACTED, by the Town Board of the Town of Southold as follo~vs: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MA_NAGE~ENT OFFICER FREEDOM OF INFORI~TION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.nor thfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the ~ the Town of Southold at their regular meeting held on October 22, 200~~~ocal Law No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. E~abeth' A. Nev~le Southold Town Clerk Attachments cc: Suffolk County Department of Planningl/ Long Island State Park Commission Village of Greenport RECEIVED Town of Shelter Island Town of Riverhead Town of Southampton NOV Southold Town Planning Board Town Board ~lLippeals Sout~hold ~?t~old Town Buo~ingl~rartment~' %uthold Town Clerk SignatuYe. Received Bv ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 5~-kN'AGEMENT OFFICER FREEDOM OF INFOR~IATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdt own.nor t h for k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the T~_f the Town of Southold at their regular meeting held on October 22, 2011~~bcal Law No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. E~abeth' A. Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning. Long Island State Park Commission~,~ Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Signature, Reeeive~ By RECEIVED Southold Town Cleri Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATIST[CS 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 southaldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the Tow~,~_of the Town of Southold at their regular meeting held on October 22, 200~lll~l[~Loeal Law No. 6 in relation to amending the Zoning Map of the Town l~rSouthold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RD) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Long Island State Park,~Commission Village of Greenport~ Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department E~abeth' A. Neville Southold Town Clerk Date Signature, Received By RECEIVED Southold Town Clerl~. ELIZABETH A. NEVILLE TOWN CLERK REGISTR, AR OF VITAL STATISTICS M a~RRIAGE OFFICER RECORDS ~L~NAGEMENT OFFICER FREEDOM OF INFORNL&TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdt own.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the?,~l~~he Town of Southold at their regular meeting held on October 22, 2001111111~l~cal Law No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peeonic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. Attachments ce: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Islandt/ Town of Riverhcad Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Signature, Receig~d By 6/ - ~zabeth' A. Nev~le Southold Town Clerk RECEIVED 0,1- 3 0 Southold Town Clef D ELIZABETH A. NEVILLE TOWN CLERK REGISTR~A~, OF VITAL STATISTICS I~L~.RRIAGE OFFICER RECORDS I~NAGEMENT 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 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the T.~n Board of the Town of Southold at their regular meetiag held on October 22, 2003~D "Local Law No. 6 in relation to amending the Zoning Map of the Town of Sou~t~l~ll by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RD) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. E~t~abeth' A. Nev~i'le Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Islan~- Town of Riverheadl/ Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Signaior~eeived By / RECEIVED %uthold Town Clert Date/~7< EI~IZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS ~L~'IAGEMENT OFFICER FREEDOM OF INFOR~X_TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the Town Board of the Town of Southoid at their regular meeting held on October 22, 200~1~ "Local Law No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (liB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. Attachments E~/zabeth' A. Neville - - Southold Town Clerk cc: Suffolk County Department of Planning Long Island State Park Commission ': ' Village of Gceenport Town of Shelter Island Town of Riverhead Town of Southamptoni~ Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department PECk'P/ED NO¥1 1 Southold Town Signature, Received By ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 5.LMN'AGEMENT OFFICER FREEDOM OF INFORI~LX_TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor t h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at their regular meeting held on October 22, 200~/{bcal Law No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezee located at south side of County Road 48, Peeonic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County. Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton / Southold Town Planning Board Southold Town Board of Appeals ~~/..l~S°uth°ld Town B~~ent Signature, Received By ~zabeth' A. Nev~le Southold Town Clerk , outh. d Tow. ELIZABETH A. NEVILLE TOWN CLERK REGISTt~ OF VITAL STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORI~L~.TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at their regular meeting held on October 22, Law No. 6 in relation to amending the Zoning Map of the the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. Attachments CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appealst~ Southold Town Building Department ~zabeth' A. Nev~le Southold Town Clerk RECEIVED Date Signature, Received By NOV 4 2002 Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS i~LkNAGEMENT OFFICER FREEDOM OF INFORI~La. TION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at their regular meeting held on October 22, 2002 ADOPTED "Local Luw No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and liamlet Business (liB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. LV~zabeth' A. Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Departmentl/ SCOTT DESIMONE ATTORNEY AT LAW 41780 ROUTE25 ~ PECONIC - NEW YOBK 11958 Phone 631 765 3535 Email TaxCertEsq@aol.com Fax 631 765 5148 2 8 2002 $outhold Town Cler~. Members of the Town Board Town of Southold Town Hall Main Road Southold, New York 11971 October 24, 2002 RE: Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Members of the Board: I wanted to take this oppommity on behalf of myself and Darrin Skrezec to thank all of you for carefully reviewing and considering Mr. Skrezec's application. With the planning recommendations before you, the easy thing would have been to deny the application. But instead, in the face of potential criticism, all of you had the courage to take the appropriate action in this case. I take my hat offto each and every one of you. cc: Darrin Skrezec Very truly yours, ELIZABETH A. NEVILLE TOWN CLERK REGISTtLa~R OF VITAL STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORIViATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2002 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at their regular meeting held on October 22, 2002 ADOPTED "Local Law No. 6 in relation to amending the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO) on property of Darrin Skrezec located at south side of County Road 48, Peconic, New York. A certified copy of Southold Town Board Resolution No. 706 adopted on October 22, 2002 effecting this change is enclosed. Please sign the duplicate copy of this letter and return to me in the enclosed self- addressed, stamped envelope at your earliest convenience. Thank you. Southold Town Clerk Attachments CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department ELIZABETH A. NEVILLE TOWN CLERK REGISTR.~°~ 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 706 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County,, on the 8th day of October, 2002, a Local Law entitled "A LOCAL LAW TO AMEND TIlE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO)", the petitioner is Darrin Skrezec, the properly is approximately 3.7 acres located at the south side of County Road 48, Peconic, New York; and VOtEREAS, a Public Hearing was held on this Local Law on the 22nd day of October, 2002 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Tox~qa of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 OF 2002 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESDENTIAL OFFICE (RO), on property located at south side of County Road 48, containing 3.7 acres, owned by Darrin Skrezec. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK / SUFFOLK COUNTY Office of the Town Clerk ss: of the TOWN 'OF SOUTHOLD (Seal) This i~['o certify that I, Elizabeth A. Neville, Clerk of the Town of Southold in the said County of Suffolk, have compared the foregoing copy of. I~esolution. bio).. 7.06 .adop.ted. by a .supe~r .majority. of. the.. .Sout. hold .T. own .B. oar. d. on. October .22, 20I)2 ........... with the original now on file in this office, and that the same is a correct and true transcript of such original. Resolution. bio.. 7.06 .adQp.ted. by. a. super J~aj~r:ity. of. t. he .Southold .T.o~vr) .Board .on .October. 22., .2002 ........................... and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this .2~,t.h. day of . .October, .2Pq2 ............. owno Sout old, Countyo Suffo ,N.. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORM-4.TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 681 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: WHEREAS Dan'in Skrezec has amended a proposed a change in zone for the property identified as SCTM#1000-74-4-14.1 consisting of approximately 4 acres located on the south side of County Route 48, Peconic, New York, approximately 250 feet ;vest of Peconic Lane; and WHEREAS the amended, proposed change of zone is from Hamlet Business and Low-Density Residential (R-40) to Limited Business (LB) and Residential Office (RO) District Designation; therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEq}RA Rules and Regulations. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTB. AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORNL~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 680 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies, in regard to SEQRA in the matter of the amended petition # 318~ of Darrin Skrezec for a change of zone from R~40 Low Density Residential and HB Hamlet Business to LB Limited Business and Residential Office (RO) District Designation_ on a certain property located on the south side of County Route 48 in Peconic, New York. Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING October 22. 2002 1:00 P.M. HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATIONS OF SCTM #1000-74-4- 14.1 FROM RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO}." 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 Town Clerk Elizabeth A. Neville Town Attorney Gregory. A. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold has received a petition to amend the Zoning Map of the Town of Southold by changing tbe Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business {LB) and Residential Office (ROt; NOTICE IS FURTHER GIVEN, that pursuant to Section 265 of the Town Law and requirements of the (?ode of the Town of Southold, Suf]tblk County, New York, the Town Board of the Town of Southold will hold a public hearing on the a[bresaid local law at the Mattituck High School, Main Road, Mattituck, New York at 1:00 p.m.~ Tuesday~ October 22, 2002 at which time all interested persons will be given an opportunity to be heard. The purpose of this Local Laxv is to change the Zoning District Designation ofSCTM # 1000-74-4- 14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (ROt District Designations. The petitioner ibr this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, 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# 1000-74-4- 14. l FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAl, OFFICE (ROt. I have in front of me an affidavit of publication in the Suffolk Times newspaper, I also have an affidavit of posting by the Town Clerk on the public bulletin board. You have 10 days notification hear/ng of surrounding property owners which is required to send out mailings to each of the adjacent property owners, so that they will know and have an opportunity to cormnent on this petition tbr a change of zone. We have a letter from the Suffolk County Planning Commission, who has given us its 11) 22~02 opinion about the proposed change. The letter is addressed to Mrs. Elizabeth Nexille, Town Clerk and it reads as follows. "Pursuant to the requirements of sections A-1414 of the Suftblk County Administrative Code, the Suffolk Planning Commission oil September 4, 2002 reviewed this application and after due stud.,,' and deliberation, resolved to approve the proposed RO zoning and disapprove the proposed LB rezoning because of the tbllowing: 1. It constitutes the unwanted further perpetuation of strip business developing along Middle Road or Route 48. 2. It would tend to establish a precedent tbr further such down-zonings in the locale along Route 48. 3. It contravenes past actions of the Town Board in diminishing strip commercial zoning throughout the Route 48 COtTidor. 4. It is inconsistent with the Town of Southold Route 48 corridor study, which calls tbr the preservation and enhancement of the rural and scenic characteristics of that roadway. Tile entire premises should be rezoned tbr RO purposes." Signed Thomas Isles, the Director of Plalming, Suffolk County. Finally I have the Southold Town Planning Board recommendations, dated July 30, It is rather lengthy so maybe we don't need to read all of this. It basically says many of the same things that the County say's in a much shorter period of time. I have a lot of other documentation, a thick pile on all of this. But basically it is m~ application to change the zone from a residential to a business and RO use. SUPERVISOR HORTON: We are in the public hearing, this is an opportunity tbr the public to address the Town Board on this specific public hearing. I see that there is someone eager to do so. SCOTT DESIMONE, ATTORNEY FOR THE APPLICANT: Good Afternoon members of the Town Board, my name is Scott DeSimone an attorney for the applicant, Darren Skrezec. My offices are located 41780 M[ain Road, Peconic. I have presented to the Board (inaudible) so I am just going to summarize to make points and not take too much of your time today. I would however request, I do have the Route 48 Corridor study, the whole printed report here. I would ask that it be incorporated into the record by record (inaudible) I would just like to make that a part of the record. Mr. Skrezec acquired this property about two years ago, the property is currently zoned R-40, residential 40, prior to his acquisition of this property, part of the Route 48 study, the Town Board visited (inaudible) and took upon themselves to up zone half of the 24 parcels in that area. There were some light industrial parcels that stayed intact although they were recommended to be down-zoned this parcel however, was not addressed itl this study for some reason. I don't know why the Planning Department, why this parcel was not addressed in this study. But in any event, the Planning Board. this original application came before you as an application to go to limited business itl its entirety. At that time tile Planning Board recommended a denial and the Suffolk County Plamfing Commissioner recommended a denial we have met with the Board at regularly scheduled work sessions and discussed that application with them and it was suggested perhaps that we re work our application and then brought it back in the form that it is in today. With that, the Planning Board again at the recommendation of the Suffolk County Planning Commission (inaudible) well, not even six months down the mad, where they felt that this property was suited for residential use, they now decided that it should be re-zoned, although not to LB but to residential office. So even the planning professionals can't even agree at this point as to what the proper zoning should be for this parcel. If you look at Town Law 263, which guides the Town Board in any zoning matters, the main thing that the Town Board has to look at is the most appropriate use of the property. And that it be in confbrmance with the Town's comprehensive plan. Now, we look at tbrmer comprehensive planning, you have to look to all the past policies and actions that the Town Board has taken previously. I think that the Kramer report, being so recent-three years ago, this parcel being within the corridor and that report studying all the past policies of the Town is an important record tbr this Board to review this application. Specifically with respect to this parcel the parcels to the east were in 1990, zoned R-40 as the subject and they were zoned (inaudible) provided for a more intensive use. That left the residential parcel adjoining the parcel now that has the 1022:02 3 possibility of a more intensive, the residential district permits restaurants, it permits (inaudible) there could be aveD' intensive use on our parcel. To the xxest of the parcel are industrial, li~t industrial zones and the Town Board gives no recommendation to change those in 1999 and they weren't changed and they remained intact, so what you have is a residential parcel completely surrounded with more intensive zoning (inaudible) now, we can argue (inaudible) I did provide for you a panoramic view of what you would look at, if you were looking at the second stoD' window if that was approved as residential property and while the Planning Board report would like you to think that this property could be developed as residential and that that view is mitigated because of its depth from the road, that is what you would be looking at from someone's bedroom window. Mr. Skrezecs' business is a landscape design, landscape contract business. With his business, he would have very little traffic, few cars coming in the afternoon, leaving in the morning and coming in the afternoon and the evening. One of the most important things that l would look at when they amended LB and they amended RO in 1999, was to permit more intensive uses that only had a vely, small impact on traffic and the small impact on traffic wouldn't change the character of the area. Right behind this gentleman's property (inaudible) what he intends to do with his property, is in keeping with the rest of the property, l would just remind the Board because of the decision of the Suffolk County Planning Commission (inaudible). SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? ED SKREZEC: Ed Skrezec, Southold. I am Darren's father, I have worked with Darren for a few years, while he has been trying to set up his business. He has tried and tried to set up h is business as best as he can. He has tried to buy property in Southold Town to accommodate his business. He finally tbund a piece of property that he can afford. This property is surrounded by LIRR, an auto repair shop~ and a gas station, which is surrounded by junk. He is trying to establish a business and make a living in Southold Town. My ~andson, he wants to work with his father someday and be able to live in Southold Town. l hope that you will grant him permission lbr this. Thank you. SUPERVISOR HORTON: We are still in the public hearing. We are going to continue on with the public hearing. Would anyone else in the public care to address the Town Board on this public hearing'? As a matter of process, I did not mention earlier, I will ask in regard to this public hearing and further on throughout the meeting, that members of the public address the Town Board for no longer than five minutes as a number of people may' want to do so. MELANIE NORDEN: Melanie Norden, Greenport. I just have a procedural question. What is the relationship between post public hearings on zoning changes and the moratorium? SUPERVISOR HORTON: The moratorium applies to subdivisions. MELANIE NORDEN: I understand that but in terms of the moratorium process when we are looking at the (inaudible) and zoning, zoning changes. I am not specifically talking about building, I am talking about a process which (inaudible). Are we going to be doing spot zoning changes during this entire process? SUPERVISOR HORTON: Well, to first clarity that. This is not a spot zoning change. This is a zone change application that has been in the Town coffers ~br over a year and this does not fall under the purview of the moratorium that is currently in place. The moratorium that is currently in place applies to major and ininor subdivisions, on residential property. To answer your question, this does not fall within the purview of the moratorium. 102202 MELANIE NORDEN: Okay. I have anotber question about the proposal. Is it. fronl what I understand fi'om the attorney, the only use on this property will be Mr. Skrezec's business? Or are their other uses or other businesses that will be established on the property? SUPERVISOR HORTON: Your question is directed to the Town Board. MELANIE NORDEN: Oh, okay. That is my question, than. SUPERVISOR HORTON: The zone change will, the application doesn't specify one owners specific business. It is to request a change of zone to another zoning category that will have allowable uses pertaining to that. MELANIE NORDEN: How big is the property'? SUPERVISOR HORTON: 3.7 acres. IVlELANIE NORDEN: Okay. We are talking about the potential of other business in the addition to the landscaping business, is that correct? SUPERVISOR HORTON: That is a possibility, yes. MELANIE NORDEN: It is a possibility. Okay. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? This is a public heating requesting a change of zoning. Yes, you may address the Town Board. JOAN EGAN: Just one thing, I have addressed this issue quite some time ago. I notice now that it is only in the Suffolk Times and I thought that we had discussed that it would be in both the Suffolk Times alld the Traveler Watchman. Inaudible. SUPERVISOR HORTON: Ms. Egan, we will address that and advertise where we are legally required to do. If yonr questions don't pertain to this specific public heating... JOAN EGAN: Changes are noted in the newspapers and if you don't get one, you get the other and it should be done properly. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? (No response) We will close the public hearing. Elizabeth A. Neville Southold Town Clerk TOX~'N' BOARD TOWN OF SOUTHOLD In the Matter of the Application of DARRIN SCREZEC for a change of zone of property located at COUNTY ROUTE 48, PECONIC, NEW YORK a/Ida SCTM No.: 1000 - 74 - 4 - 14.1 MEMOIL4,NDUM IN SUPPORT OF APPLICATION APPLICANT Darrin Screzec is the applicant and owner of the property which is the subject of this application. Mr. Screzec acquired title to this property in November 2000 from an adjoining property owner. Mr. Screzec was bom and raised in Southold and is a local business man. Mr. Screzec is a landscape designer and contractor and oxvns and operates Natural Landscape Accents. His business does not perform lawn maintenance services. Mr. Screzec searched many, many months x~Sthout success tbr a suitable parcel of land zoned LB in which to locate his business. Mr. Screzec purchased the subject parcel in the hope of having the parcel re-zoned to LB in order to locate his business on that site. APPLICATION This application is proposing a change of zone for a parcel of unimproved land consisting of approximately 3.7 acres located on the south side of County Route 48 approximately 175 feet west of Peconic Lane in the hamlet of Peconic. The property is currently split zoned R-40 and HB. The applicant seeks a change to LB and RO. As stated previously, Mr. Screzec is a landscape designer and contractor, and LB is the only zoning district within the Town where the applicant can legally operate his business. HISTORY OF APPLICATION In and about June 2001, Mr. Screzec filed an application to change the zone of the subject property from R-40 and HB to LB. Upon review of the application and notwithstanding the unusual circumstances surrounding this parcel, the Southold Toxvn Planning Board recommended denial of the application. Specifically, the Board recommended that the small portion of the property zoned HB be re-zoned to R-40. The Suffolk County Planning Commission recommended denial as well. Thereafter, upon consultation with this Board at a regularly scheduled Town Board work session. Mr. Screzec decided to amend his application x~.hich currently seeks a change of zone from R-40 and HB to LB and RO. In reviewing the amended application, The Southold Town Planning Board again recommended denial of the application as amended but now recommends that the property be completely re-zoned to RO. The Suffolk County Planning Commission recommended approval of the proposed re-zoning to RO but recommended denial of the proposed re-zoning to LB, commenting that the entire parcel be re-zoned to RO. As a result of the Suffolk County Planning Commission action, it would appear that a super majoriD' vote of this Board will be required to approve the application as submitted. BASIS FOR GRANTING THE APPLICATION In reviewing an application for a change of zone, the To~xm Board is to be guided by section 263 of the Town Law. Pursuant to Town Law section 263, zoning regulations must be adopted in accordance with a comprehensive plan. In the absence however of a formally adopted comprehensive plan, the Town Board is to review a proposed application against the backdrop of the town's current zoning regulations, prior land use actions and policies, studies and findings, all with a view toward encouraging the most appropriate use of land. In 1999. the Toxin Board undertook a comprehensive review of the properties along County Route 48. An outside consulting firm was retained and prepared the County. Route 48 Corridor Land Use Study which included a "Recommendation Discussion" dated July 1999. and a LI g "Findings Statement" dated August 1999. It is respectfully requested that this report and study prepared by the To~vm an official cop3' of which is in the possession of the Town Clerk, be both incorporated herein by reference and made a part of this record. As a foundation for this Study and attached as an appendix thereto, was an extensive summary, of past town land use plans and studies. This study therefore incorporated the most comprehensive review of the To~aa's then existing zoning policies. The Stud)' specifically set tbrth that it was not the intent of the study to develop new goals and strategies but to synopsize what the toxvn has already determined to be its goals and desires. The study was intended to provide recommendations to the Town Board regarding appropriate land use and zoning within the corridor. Specifically, the Study recommended amongst other planning tools, a re-zoning of numerous parcels to more appropriate uses. The study stated, "Several opportunities exist to re- zone properties to allow for more appropriate uses. Such re-zonings may include changes from commercial to residential or A-C zoning categories, as well as from residential or A-C to commercial .... Existing enclaves of commercial use may be enhanced by additional appropriate commercial parcels .... By concentrating future commercial uses in areas of existing commercial activity (particularly hamlet centers) results in a more viable and ordered land use pattern ...... In addition to re-zonings, the Study recommended that the provisions for the LB and RO zoning districts be amended. The Study recommended that additional permitted uses be added to each district that would generate little additional traffic and have little impacts upon surrounding residential uses. In RO. ox~ner occupied two family homes, professional and business offices. churches, personal interest shops, and libraries, museums, art galleries, exhibit halls, and music or art studios were recommended as additional permitted uses and restaurants, hotels, inns, and personal service shops were recommended as special exception uses. In LB. hotels and inns would be allowed as permitted uses and xvholesale uses and warehousing would be eliminated as existing uses. Additional uses by special exception would include wholesale and warehousing. Building, electrical and plumbing contractor's yards, and telephone exchanges. Z 09 - ZONFNG & LAND USE SKKEZEC - CHANGE OF ZONE CHANGE OF ZO'g4~ PRESENT&TION doc In 1999 at the time of this stud3', the adjacent and surrounding parcels as well as the parcels within the Peconic hamlet center totaled 24 in all. 4 parcels were zoned B, 4 parcels LI, 11 parcels R-40 or R-80, and 5 parcels HB. The study made the following general recommendations: Existing B 4 parcels LI 4 parcels R 1l parcels HB 5 parcels Recommendation 2 parcels to RO, 2 parcels front p/o to IL.fO, rear p/o to LB 2 parcels no recommendation, 2 parcels to HB l parcel no recommendation, 5 parcels to RO. 5 parcels to HB 5 parcels no recommendation The following is a summaD of the status of the zoning of the parcels in the Peconic hamlet area after the Town Board carefully reviewed the report and acted to implement what it believed to be the most appropriate zoning tbr these parcels: Of the 8 parcels zoned B or LI proposed to be up-zoned to more restrictive zoning district LB or RO. 6 parcels experienced no change in zone. 2 parcels experienced a partial change from B to LB. Of the 10 parcels zoned R-40 or R-80 proposed to be doxvn-zoned to less restrictive zoning district RO or HB. 10 experienced change to RO or HB. Of the 8 parcels were not subject to a recommendation. 5 parcels ~vere zoned HB and located in the heart of the hamlet center. 2 parcels were zoned LI fronting Route 48 and adjacent to the subject. 1 parcel was the subject. Additionally, the Town Board did follow the recommendations within the report relative to amending the provisions of the RO and LB zoning districts. A review of the legislative intent and purposes of the Limited Business zoning regulation indicates that this district was intended to act as a transition zone between higher density residential and commercial activity while accommodating limited business activity along highway corridors, but in areas outside the hamlet central business areas. As a result, the subject property, predominantly zoned R-40 is now surrounded on all sides by property zoned for more intensive industrial and commercial uses. The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential - Office ( tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 ~vere rezoned from Residential (R-40) to Residential - Office (R-O). The txvo adjacent properties to the west. lots 13 and 11, are zoned light Industrial. Lot 13, to the south and xvest, is configured as a flag lot and is improved with an aging 5.000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop. The property is constantly strex~ with numerous autos. The next adjacent property just 15 feet to the xvest operates a stone and masonry yard. Their product is always stacked high and stored along the western property line. In light of the foregoing and because of the subject parcel's unique location along the corridor, this study and the actions of the Town Board in response to this study should provide great guidance tYr this board in its review of this application. At this point, I believe there is a consensus that the subject property is currently improperly zoned as a result of the zoning districts of the adjacent and nearby properties as well as the adjacent and nearby property uses. It is simply not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. To the west and south is property zoned Light Industrial that does not permit any type of residential use whatsoever. Upon submission and review of the original application, the Southold Town Planning Board recommended that the property be completely re-zoned to R-40. In reaching that conclusion, the Board opined that the industrial uses were set back some 400 feet off Route 48 and that the front landscaped area masked these commercial operations. They went on to state that this general area has a feeling of opermess and ora rural character, and to Z09- ZON[NG&LANDDSESKREZEC CFIANGEOFZONLC['IANGEOFZON~[PRESENTATIONdoc re-zone it all R-40 would be in keeping with the Town's desire to retain the scenic vista along Route 48. Finally, that if the parcel were to be re-zoned to LB, it could be improved by a restaurant or hotel, which is not in keeping with the Town's plan for Route 48. A visit to this property would quickly dispel any notions that commercial operations to the west and south are masked, as xvell as the lack of openness and rural character of this parcel. Due to its proximity to the hamlet center and the location of the industrial building to the south, there is no scenic vista. Finally, the potential uses the Board is concerned about if re-zoned to LB are permitted or allowed by special exception in the RO district adjoining the subject to the east. The Suffolk County Planning Commission recommended denial for some of the following reasons. Granting the application would establish a precedent for further down-zonings in the 48 corridor, it contravenes past actions of the Town Board in diminishing strip commercial zoning throughout the 48 corridor, it would be inconsistent with the Route 48 corridor study, and that the premises can be reasonably developed in accordance with existing zoning. Upon submission and review of the amended application, the Southold Planning Board again recommended denial of any re- zoning to LB, but no'or reversed its prior position concerning the R-40 zoning and now concluding six months later that the property should be rezoned to RO. I believe the Board looked at the parcels to the east now zoned RO and the cun:ent use as residential for their position that the property be re-zoned RO and not LB. The applicant was told in a planning board work session that the Board does not down-zoning. The Suffolk County Planning commission upon review of the an~ended application, while still recommending denial any re-zoning to LB did an about face and recommended that the entire property be re-zoned to RO. It stated the exact same reasons as it did previously, except that it omitted it's opinion that the property could be reasonably developed as residential property. There is apparently grave concern by planners that a re-zoning to LB in this instance would lead to a proliferation of and further perpetrate strip development along the corridor. This should not be the case. The Limited Business zoning district is intended to act as a transition zone between higher density residential and commercial activity while accommodating linfited business activity along highway corridors, but in areas outside the hamlet central business areas. · 09 - ZONING & LAND USE~SKREZEC - CHANGE OF ZONE CHANGE OF ZON~ PRFSENTa. TION doc That purpose could not be more suitable to this application and this particular parcel of property. Additionally, a review of the town's current zoning map reveals that approximately less than 1% of all the land in the town is designated as LB. So. in this instance the Board should not be concerned with the proliferation argument. If adopted as proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the pa~'cel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. All property immediately adjacent to the west would still permit a more intensive use. and most adjacent property to the east would then be similarly zoned. Mr. Screzec's business would generate little additional traffic. 2-3 vehicles leaving in the morning and coming back late in the day. Perhaps returning to the property during the day on occasion. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicates that a change of zone is required. This change of zone request is not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. In your deliberations, please be mindful that a super majority vote of this Board is required xvhich was necessitated by the Suflblk County Planning Commission's recommended denial. Please remember that no member of the Commission or its staff visited this property. This application obviously was not important enough to them to take the required hard look. This application is however important to Mr. Screzec. So. please do not allow Suffolk County employees who have not made the effort to leave their Hauppague offices have such an influence in xvhat is purely a local matter. Thank you for 3-our consideration. Respectfully submitted. Dan'in E. Screzec By: Scott DeSimone, Esq. SCOTT DESIMONE AWFORNEY AT LAW 41780 ROUTE2.5 ~ PECONIC ~ NEW YORK 119.58 Phone 631 765 3535 Email TaxCertEsq@aol.com Fax 631 76.5 5148 Members of the Town Board Town of Southold Town Hall Main Road Southold, New York 11971 October 22, 2002 Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Members of the Board: The following represents the action taken by the Town Board relative to adjacent and/or nearby parcels as per the County Route 48 Corridor Land Use Study: Lot Proposed change Action taken 4-7.1: B to RO No Change Front part of lot 4 - 5: B to RO No Change Rear part of lot 4 - 5: B to LB LB Front part of 4 - 9: B to RO No Change Rear part of 4 - 9: B to LB LB 4 - 10: B to RO No Change 4 - 11 ( LI ): None --- 4 - 13 ( LI ): None --- 4- 14.1 (subject R-40 ): None --- 4 - 15: R-40 to RO RO 4 - 16.1: R-40 to RO RO 4 - 14.2 ( HB ): None ~-- 4 - 17 ( HB ): None --- Lot Proposed change Action taken 4-18 (HB) 5-1: 5-5: 5-4.1 (HB) 5-9.2(HB): 3 -20 3 - 19.2 3 - 19.3 3-17 3-16: 3-15: 3-14: 3-13: None --- R-40 to HB HB R-40 to HB HB None --- None --- R-80 to HB HB LI to HB No Change LI to HB No Change R-40 to HB HB R-40 to HB HB R-40 to RO RO R-40 to RO RO R-40 to RO RO SUMMARY 8 parcels zoned B or LI proposed to be up-zoned to more restrictive zoning district LB or RO. 6 parcels experienced no change in zone. 2 parcels experienced change from B to LB. 10 parcels zoned R-40 or R-80 proposed to be doam-zoned to less restrictive zoning district RO or HB. 10 experienced change to RO or HB. 8 parcels were not subject to a recommendation. 5 parcels were zoned HB and located in the heart of the hamlet center. 2 parcels were zoned LI fronting Route 48 and adjacent to the subject. I parcel was the subject. Respectfully submitted, · ',SUSAN'S MArL BOX~OC FOILER 21 PROPOSED CHANGES OF ZONE d~ 2 Local Law Filing NEW YL . STATE DEPARTMENT OF STATE 41 STATE STREET. ALBANy, Ny 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City of .............................. _S_ _o. p_ _t_b .o. [ _d_ .............................................. Town Village Local Law No ................_1_~ ................ of the year 19.9~__ A local law __i.n..__R_.e.l.a__t_i_o_n__t_o___.Am_e__ncEi__n_g__ .C_b__a.p~_e_r___3.O_O_.._ Ar_.tLcJ_~._.V_l_l_l. e~_tLt le_d ............ ]!ki.m_JLed___Bus~ness _{LB l!'__.o~_Lb.e 7.o_oj.r~_cj_ Code ~f_._t~e..Z~wn._o_f ~q H_t_h o!d_ ...................... Be It enacted by the ............................. .T. 9_.w__n_. _.B_.o__ay__d_ ........................................ of the I~[(~X of .................................... _S..o..u__t.h..o.l.d_ ........................................ as follows; Town Section 1. Legislative Intent and Purpose In order to achieve the goal(s) of well planned, environmentally sensitive balanced development and to preserve the existing visual character of the Town we hereby find and determine it necessary and desirable to make the following modifications to the LB zoning district. The purpose is to allow a greater number of commercial uses and more flexibility in the design of the structure and site layout then in the RO zoning district while mitigating, to the maximum extent possible, the visual impacts fi.om parking areas, loading, storage, signs, and similar uses typical of eommemial activity. It is strongly recommended that a structure resemble a residential structure to permit this district to be suitable to act as a transition zone between higher density residential and commercial in addition to the purposes set forth in section 100-80. Section 2. Chapter 100 entitled "Zoning" of the Town Code, Article VIII "Limited Business (LB) District" is hereby amended as follows: § 100-80. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is con~ist©nt with the rural and historic character of surroundin~ areas and uses. Emphasis will be placed on review of fl~'tgn features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. § 100~gl. Use regulations. In the LB District, no building or premises shall be used and no building or pan of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 100-3 l A of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(2)(i) below. (2) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: (a) Custom workshops and machine shops (b) Wholesale or retail sale and accessoD' storage and d~splay of garden materials and plants, including nurseD' operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. (c) Libraries or museums. (3) Professional and business offices. (4) Funeral Homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-andOoreakfa~ uses as set forth in and as regulated by § 100-31B(14). [Added 2-7-1995 by L.L. No. 3-1995]. (11 ) Private warehousing. B. [Amended 8-1-1989 by L.L. No. 15-1989; 11-29-1994 by L.L. No. 26-1994; 2-7- 1995 by L.L. No. 3-1995] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by § 100-3lB of the Agricultural-Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed-and-breakfasts. (2) Contractor's businesses or yards including, but not limited to, building, electrical and plumbing yards. (3~ Telephone exchanges. 14) .~ntique, art and craft shops and galleries C [Amended 5-9-1989 by LL. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § I00-31C(1) through (8) and (I0) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof. (2) Outside storage of equipment, supplies and materials associated with any of the normal operations of the principal use provided that the storage is adequately screened along the road frontage and contiguous residential lots with natural vegetation, landscaping, fencing and]or as shall be deemed appropriate by the Planning Board. § 100-82. Bulk, area and parking regulations. (1) Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. (2) The Planning Board may grant a limited waiver from the applicable bulk requirement for minimum lot size to a minimum of 40,000 square feet where it can be clearly demonstrated that the subject parcel has been held in single and separate ownership since January 10, 1989 or earlier, based on competent evidence thereof pursuant to: (a) Chain of title certified by a title or abreact company or duly licensed attorney-at-law; and (lb) (b) A survey prepared by a licensed surveyor describing the subject premises and all contiguous property. § 100-83. Front yard setbacks. [Added 8-22-1995 by L.L. No. 18-1995] A. Structures shall be set back at least one hundred (100) feet from the right-of-way. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C A project shall be divided into separate structures so that no single structure shall have more than si,:tv 16c)') linear feet of frontage on one ( I} street The setbacks of multiple structures on a parcel may vaD', provided that the average setback of the structures meets the setback required above and all buildings are at least seventy-five (75) feet from the right-of-way. II. Severab|lity. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgement made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. (lc) Local Law Filing or 41 :::, .. ,CE STREET, ALBANy, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter b~ing eliminated and do not use italics or underlining to indicate new matter. County City of ................. _S_ _o. _u. _t:_h_ _Q l _d. ..................................... Town Village Local Law No ........... _1 ~_ ................ of the year A local law --i--~----R.e.!-a-t.!-~-n--.t-~--~-A--m..e.-n-.d.iD§-~.D~--.U.~-e..s.--8.~.~[tj~t~$ ~n .U$~s_ ~o£ _the. .R_ _e_s j ~ .e_ _n_ _t j _a_ } _0_ f f i_c_ _e_. _(_ _R_ _ _0_ ) _ _ .D_ .i_s_ _t_r_ ! _c_ _t _._ ......................................... Be It enacted by the ............................. -L-u--w--u--P-u--~-[-u- ........................................ of the i~l~>( of ............................. -S--°--u--t-h-°-Ld- ....................................... as follows: Town Section 1) Legislative Intent and Purpose. In order to achieve the goal(s) of well planned, environmentally sensitive balanced development and to encourage the adaptive re-use of existing older residences, to preserve the existing visual character of the Town, which we determine to be desirable, while providing for a reasonable transition of uses between existing and developing commercial areas and Iow density residential development along major roads, we hereby find and determine that it is necessary and desirable to modestly expand the permitted uses of the within zoning classification, to those uses we deem to be compatible with existing patterns of development, which are contemplated to meet our planning objectives including, but not limited to, generating minimum traffic and other impacts on the surrounding residential development and to be conducive to the adaptive re-use of existing residential buildings in the subject neighborhoods. Section 2. Chapter 100 entitled "Zoning" of the Town Code, ARTICLE VII, Residential Office (RO) District is hereby amended as follows: § 100-70. Purpose. The purpose of the Residential Office (RO) Diahi~ is to provide a transition area between business areas and Iow-density resllll~ntlal de~...=pment slang essanually resmentlal arabs whlle strongly encoura~l~l t~ie a~fltlve~ of existing older residences, to prasarve the existing visual charaoter of the Town and achieve the goal(s) of well planned, environmentally sensitive balanced develnpment wh,ch the Town has determined to be desirable Ill ' § 100-71. Use regulatio~ In the Residential Office (RO) 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 uses except the following: A. Permitted uses. (1) lot. One-family detached dwellings, not to exceed one (1) dwelling on each (2) Owner occupied two-family dwelling. (3) The following uses are permitted uses subject to the site plan approval by the Planning Board: a/ Buildings, structures and uses owned or operated by the To,,,,n of Southold, school d~stncts, park d~stricts and fire distr~cts b) Buildings, structures and uses owned or operated by fraternal organizations and utilized for activities typically conducted by a fraternal organization, including but not limited to public meeting places, charitable and fundraising events, patriotic observances and catering for public and private functions. c) Bed-and-breakfast uses as set forth in and as regulated by §100- 31~(14). d) Professional offices. e) Churches or similar places of worship, parish houses, convents and monasteries. f) Libraries, museums, art galleries, ext~ibit halls, artists/photographers' studios and dance studios. g) Small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers, and like kind small business establishments excluding retail sales of any kind or nature, and limited to overall floor space of 3,000 square feet. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by tt3e Board of Appeals as I~ereinaffer provided and subject to site plan approval by the Planning Board, provided that not more than one (1) use shall be allowed for each forty thousand (40,000) e~uam feet of lot area: (1) Special exception uses as set forth in and regulated by § 100-31B(1) through (7) of the Agricultural-Conservation District. (2) Funeral homes. (3) Apartments may be permitted over business and professional offices as regulated by § 100-91B(4)(a) through (f), inclusive. (4) Restaurants, except fast-food or formula restaurants. (5) Custom workshop provided it shall not be all or part of a commercial center. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. (2) Accessory uses set forth in and regulated by § 100-42C(2) of the Hamlet Density Residential District. (D) Additional Standards. All permitted structures as set forth in this Article, except for single family dwellings, shall be subject to the following: (1) No outdoor storage or display of any kind shall be permitted; (2) All permitted buildings and other structures shall be visually residential in character, the visible architectural features of which shall be consistent and compatible with the architectural styles of the existing structures in the immediate neighborhood. (3) Store fronts of any kind whatsoever shall not be permitted. § 100-72. 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 Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full. flbl II. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. III. This Local Law shall take effect immediately upon filing with the Secretary of State. PL&NNING BOA]ID MEMBERS VC~LI,[AaM J. CR~RS- KE~NETD L. EDWA~ GEO~G~ ~I'I'CHIE.I,AT~ JR F.O [J~,x llV9 Southald. Ne,~' York 11971-0959 Telepben.~ "g:~l~ ~65-193-~ Y~x (531, ~65-3 ~3C- PI;ANNING BOA.RD OFFICE TOWN OF SOUTHOLD To: Elizabeth NevilIc, Town Clerk From: ValerteScopaz, AIC?, Towr~Ptm'm~ Re: Skrczec Change of Zone Petihon S CTMg 7~a- t 4. l S/s CR 48, W/o Pcco~c, ~ Dine: July 30. Under the curr,nt zoning, thc ma_ximum potmmal for development of thc subject lot is as follows. o In thc l~larnlet Business (HB'~ zoned area (I 8.000 sq. ~.) a tetzl of 7.2~0 squaze feel of commercial buddings could result l= thc Residential (R-40) zoned area (1567140 sq. £t?a total ama of 24,000 sq. £t (based upon a 3 Iol yield) of residential buildings could result. The above est/ma[es-do not include roads, drainage, parking or other necessary. impromr, m,-ms T. he~corrrputation is based.ttpm'LBercea~, of alke:vtble lot coverage the current code The actual .,held on site may be less. Thrr pT~prtra~-z-rm'c~}~-~-wouM =h,'mgc the-mixed H'B 'ar~ R-40 parcel to' o Residential Office (ROi equal to .92 acres (40.075-s{ Ft.) and o LimftccfI~usi-rmss (EB'):ectuaJ to 2.73-a~'es(100,188 sq. ft.l. If approvb-~. [be ma:,timum polentiar~r d-evelbpmm~tm t~ ~ezoncd area will be' o in ~ KO ~e~ 8,015 sq. f~., o in ~e ~ 23,?83 ~. ~. ~efo~,'~ z~, ,;, ,~ ~= ~ff~t~~otage of co~ci~ buildi~~ky~.~c~d i~ovements i.¢. ~mking ~as. Due tn the rmturc o'£exisfng uses and zones, the 'Plamqmg Board sugge~sted to tins appitcant tliat the a}sp-~c~tion lag amerrd-mC-m ~e.~omx thc enUra parcel, te RO. Thc Be;'rd ~s ~I!I. i~,.,LD CLE?K nm in f'avu~-rTlSalY~'L~'mg-a'mm'c iatcnslve commcrci, a] 7_one on Ihe pren:[Se tl-tat it would be contrarT*rr ~h-~C~>m~ty Ro~e aS .~tudT t?tat-tt-did-rto.t-.specO'}caUy ewatuate the subjecl parcel. A recom.nlendatpott for the ~ea lo the east, bordering Pecomc-Lane, was to "For'Il}\' the business ,'{re~.witb addd~onal eomm'crm'~l zo'm:n-g~ t~yt-i-~ an,d-R.O:-. -fT-~s't~rrotmdmg area lo theeast ,,,.'as identified as Pecomc 2 (See Figure; Pcconic 2). As the figm'e re&cotes, the rccontmendcd chang* of ,.cme-fr, rlbc"-I-',v~ p-~'¢el.~-abutting the subject parcel to the east ,,,'as lmm R-40 to RO The study atso.reco,rrm,'r~ 4ha! thc area to thc w~.mt of the parcel (/dentified as Peconic 1) be clxariged f'rom B to RO-and that properties adjacent to the- Lot~g Island Rail Road be changed ffot2-B.t-o- L~ T4~e-ov.e,ratl recommer4dation was to "rezone existing residences and vacant parcels to RO; change B to LB. (See Figure Peconic 1~ As a resulrofthe above zoning ehan~e~ a2d the exclu.~ion of the Fa'cci fi.om the study area. th~/_au/m~ t2-f-~pm-eel (R-40) rem~ectmtact-and Ibc adjacent RO, B, t-LB and LI zones were applied to the surrounding pro~,crtic~ Il'trough a succession of zone changes as reCommend:cat: TI~e net effect of the rezonings was to isolate the subject l,m'cci f;'om ad.joining uesidentiat dishScts However, ~ also 'is irnp~rtmat to ,~ote thai post zoning chm~g~, tl-mrcsid~rrh~ipm'C'els ~c. mmnmYin'use as rtmci~itS'al rlwcll~gs. The currerttzonipr~of ibc-pa/eel-is HB-and P,~0. Tbe.t-tB urea hes to thc rc,'¢ of the property, abutting the L1RR casc'mcnt. Duc to thc recent ap2rovaI of a Lot-Line application, avces:r leo- puz-omc: 13a.~c- frum~e-smbjea parcel has been eliminated. Consequently, any proposed access to the subject pace[ will be From CR ,.iS Based upon the above, the 'Plurming Board rendered a dec~sion at thc Jul_',' 29, 2002 worK- session to recommend a choage of zone From the current usc to-Kcsidential Office only This change ofzan_e would.be consistent with thc adjacent zoamg dis~cts. The Pt~mg Bmod' ~5~ i~of c~g ~c zone ~ myp~of~s parco{ to Limited Business. (~gk~ Section , PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR Chairman VerLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGLa~O COP, Y FOR YOUR INFORMATION Town Hall. 53095 State Route 25 P.O. Box 1179 Sou~hold, New York 11971-0959 Telephone 1631'~ 765-1935 Fs.x ~631', 765-31.36 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED AUG 14 2001 ¥O: FROM: RE: Elizabeth Neville, Town Clerk Bennett Orlowski, Jr., Chairman Planning Boardo~t Change of Zone request for Darrin Skrezec Route 48, Southold SCTM// 1000-74-4-14.1 Zone Low Density Residential (R-40) & Hamlet Business (HI3) DATE: August 14, 2001 Southold Town Chrk REQUEST This is a request for a zone change from Low Density Residential (R-40) and Hamlet Business to Limited Business (LB). RE'vl:EW This parcel is located on the scenic corridor of Route 48 The 3.7 acre parcel is presently zoned R-40 on the larger piece facing Route 48, and a smaller portion of the property_ on the south side against the railroad tracks is zoned Hamlet Business (HB). The area to the north across Route 48 is zoned Low Density Residential (R-80) and is heavily treed. Two lots to the west of the property are zoned Light Industrial (L I). FIowever, the car repair shop and the stone and gravel business buildings are both about 400' from route 48. The front landscaped area of both these parcels masks this commercial operation. This general area has a feeling of openness and of a rural character. The present owner, Mr. Skrezec. bought the property_ on November 2, 2000. Before this sale on September 30, 2000 a small strip of this property 10' by 175' was transferred by deed to Julia Day Leo, the adjoining property ovmer, thus her existing Residential Office (RO) parcel now has this small 10' by 175' strip added to it that is zoned R-40. RECOIX~IENDAT[ON The small portion of the subject parcel that is currently zoned Hamlet Business (I-lB) should be rezoned to Low Density Residential (R-40) as is the rest of the property. This would be in keeping with the Town's desire to retain the scenic vista along Route 48. If this parcel were rezoned to Limited Business (LB), as requested, the existing residential parcel could become a restaurant, hotel or a machine shop, which is not in keeping ~ith the Town's plan for Route 48. I would also recommend that the Owner of SCTM/~ 1000-74-4-16 Julia Day LEO prepare a lot line application. This process will then make this lot recognized by the Town. The small strip should then be rezoned to Residential Office to conform to the rest of this lot. RECEIVED SouthoJd Town tier[ JN-FY OF SUFFOLK November v, 2001 Elizabeth Neville, Town Clerk 1'own of Southold 53095 blain Road - P.O. Box 1 [79 Southold, NX/ 11971 Application of"Darrin Sktezec" (#3 I.8)" for a change of zone from R-40 and HB to LB, at Peconic in the Town of Southold (SD-01-51. Gentlemen: Pursuant to the requirements of Sections A 14-14- to 23 of the Suffolk County Admimstrative Codc. the Suffolk County Plam~ing Commissmn on November 7, 2001 reviewed tile above captioned applicat{on and after due stud_,,, and deliberation Resolved to disapprove it because of the following reasons: 1. It constitutes the unwarranted further perpetuation of sWip busioess development along Middle Road (C.R. 48'1 2. [t xvould tend to establish a precedent for ftniher such downzonings m the locale along C.R 48: 3. Premises can be reasonably developed m accordance wifl~ existing zoning; 4. It contravene past actions of the Towll Board itx dtnlinishing strip commercial zonhqg duroughont the Rte. 48 Corridor; and, 5. [t is inconsistent with the Town of Southold Rte. 48 Corridor Study which calls for tile preservation aud enhancement of the rural and sc euic vista characteristics of said roadway Vel'y tru[y your£, Thomas Isles Director~f Planning Ott(r ald G?Newman RECEIVED SEP 9 2002 %uthold Tow. Clef[ COUN]Y OF SUFFOLK SeptemDer 4, 2-002 T'13 1Bt' Rflgll P Ms. Ell,abed] Neville, Tovm Clerk Toxvn of Southold 53095 Makn Rd.- P.O. Box 1179 Southold, NY 11971 Dear Ms Neville: Re; Amended application of"Oorrin gke~eec" for a change of zone from R-40 &IIB to LB & RO (SD-02-6). Pursuant to the requ,'ements of Sections A 14-14 tO 23 of the Suffolk County Administrative Code, the Suffolk County Ph'uming Commission on September 4,200:2 rcvic;ued the above captioned application and al:tee due study and deliberation Resolved to approve the proposed KO rezoning and disapprove the proposed LB rezo,ing because of the following: I. It constitxttes fire unw,'u'r,'mted fltrtiler perpetuation of strip business development along Middle Road (C.R. 48); 2. It would tend to establish a preccdcm For fi~rther such dow~.~qmg~ in the locale along C.I~ 48; 3. It conu'avene past actions of the Tovm Board in diminishh~g stxip commercial zoni,g throughout the Rte. 48 Corndor; and, 4 it is inconsistent with the Iown of Soutbold Rte. 48 Corridor Study whmh calls for the pre;ervatioo and enhancement of the rural and scenic vista characteristics of said roadway. Comment: '1 he entire premises should be rezoned fbr R© purposes. ON:cc Very txuly yours, Thomas isles D i rec~_~I/D f' Planni n g ORIGINAL DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the ,/~t/' day of-~ff~4!, 2000, by Albert W. Albertson, Jr., residing at No//Horton's Lane, Southold, NY 11971, Donald B. Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Gertrude Katz, residing at No# Fen? Road, Sag Harbor, NY 11963, Mullen Realty, L.P., a New York Limited Parmership with a place of business at P. O. Box 1408, Main Road, Southold, NY 1197l, and Mullen Motors, Inc., a New York cox-potation xvith a place of business at Route 25, Main Road, Southold, NY 11971, hereinafter refe~xed to collectively as tl~e "Declarants," who m-e the owners -- and in the case of Mullen Motors, Inc., the tenant and prospective tenant -- of the followh~g four parcels of real property located at Southold. Town of Southold. CounD~ of Suffolk and State of New York, wlfich parcels are collectively referred to as the "Premises:" 1. Parcel owmed bF., Albert W. Albertson, Jr. and Donald B. Katz designated on the Suffolk CounB, Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.00l (referred to hereto as "Lot 22.1") and described on Schedule A annexed hereto. 2. Parcel owned by Albert W. Albertson, Jr. and Gertrude Katz designated on the ~uf£olk Count3.' Tax Map as Dish-lot 1000 Section 062.00 Block 03.00 Lot 024.001 (refe~xed to hereto as '%ot 24.1") and described on Schedule B annexed hereto. 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk Count3' Tax Map as District I000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C atmexed hereto. 4. Parcel owned by Mullen Realty, L.P. designated on the Suffolk Count3., Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D annexed hereto. WITNESSETH' WHEREAS, Richard F. Mullen, III and William H. Mullen made application to the To~m Board of the To~vn of Southold for a change of zone from Hamlet Business (HB) District and Low Density Residential (R~40) District to General Business (B) Dislrict for Lot 22.1 and Lot 24.1, which parcels are located on the south side of New York State Route 25 and the west side of Locust Avenue, SoutholcL New York; and WHEREAS, Richard F. Mullen, III and William H. Mullen are under contract to purchase Lot 22. I and Lot 24.1 from Declarants Albert W. Albertson, Jr., Alice Albertson, and Gertrude Katz; and WHEREAS, Mullen Realty, L.P. ox~ms Lot 20 and Lot 19, which parcels are located to the west of Lots 22.1 and 24.1; and WHEREAS, an existing car dealership is operated under the name of"Mullen Motors" on Lot 20 and Lot 19; and WHEREAS, Mullen Realty, L.P. is interested in the application for change of zone referred to above: and \VHEREAS, dm-ing the course of the proceedings before the Town Board of the Toxvn of Southold, applicaj~ts for the change of zone amended their application to include certain covenants and restrictions limiting the use of the Premises; and V~rHEREAS, Declarants consented to the covenants and restrictions proposed by applicants in connection with said application for change of zone; and WHEREAS, Declarants deem it to be m the best interest of Declarants, Declarants successors and assigns and the Town of Southold to impose certain covenants and restrictions upon the use of the Premises, and desire to hereby impose those covenants and restrictions. NOW, THEREFORE, in consideration of the foregoing, Declarants hereby declare that the Premises, referred to herein as Lots 22.1, 24.1, 20 and 19, and which are described on Schedules A, B, C and D annexed hereto, are now held and shall be conveyed subject to the follo~ving covenants and reslrictions: 1. The use of Lot 24.1 shall be limited to vehicular par ~king, storage and display purposes only, and shall be associated xvith the adjoining automobile dealership currently located to the west. 2. There shall be no vehicular access to Locust Avenue from the parking facility consWacted on Lot 24.1. 3. A 25-foot wide landscaped buffer shall be installed and maintained along the easterly, southerly and southwesterly sides of the parking area on Lot 24.1: within said buffer there shall be a berm approximately fltree feet in height, and the entire buffer area ' shall be landscaped with evergreens, trees and shrubs. 4. The parking area on Lot 24.1 shall have two landscaped "islands." 5. Access to the parking area on Lot 24.1 shall be from the existing par'king area on Lot 19, which existing parking area has access on Cottage Place, a public s~eet. 6. The landscaped buffer and berms shall be designed to screen the view of the par ~king area on Lot 24.1 from Locust Avenue and from nearby residences. 7. Notwithstanding all of the uses permitted, as of right and by special permit in the General Business (B) Disthct, the use of Lot 22.1 shall be limited to automobile dealership and related purposes, ha the event its use is changed from the uses which currently exist. 8. When and if the uses or buildings on Lot 22.1 are changed, any new uses or buildings shall be developed jointly with Lots 20 and 19, which lots are located to the west of Lot 22.1. 9. YVhen and if the use of Lot 22.1 is changed in whole or in part, and the existing building at the northeast comer of Lot 22.1 is removed or altered, a landscaped buffer of at least 15 feet in width shall be installed along the Locust Avenue frontage of Lot 22.1, which buffer shall run in a northerly direction from the northerly point of the landscaped berm on Lot 24.1 to a point as near to New' York State Route 25 as possible without blocking lines of site for vehicles. 10. Additional landscaping shall be provided for the existing parking area located on Lot 19, including landscaping along the entrance to Lot 19 from Cottage Place. 11. Before the Town of Southold's Building Department issues a certificate of occupancy or compliance for the parking area on Lot 24.1, the installation of all landscaping, hghtmg and drainage systems for the parking area on Lot i9 and the parking area on Lot 24.1, as required by the Town Board of the Town of Southold and/or the Planning Board of the Town of Southold, shall be completed. 12. On the Cottage Place side of Lots 20 and 19, there shall be no outdoor repair work, vehicle activities shall be restricted to access to and from the site, with no parking or storage of Mullen Motors' vehicles on Cottage Place. 13. Mullen Motors shall advise its employees and customers that there shall be no test-drix4ng of vehicles on residential side streets in the vicinit3, of the property which is the subject of this Declarat/on of Covenants and Restrictions. 14. A plan shall be presented to the Planning Board of the To'~m of Southold, within a reasonable time after the recording of these covenants and restrictions, to minimize the irapact on Cottage Place from deliveiy trucks servicing MulIen Motors. 15. Vetficle deliveries by vehicle transporters to the Premises shall be limited to weekdays dmq_ng the hours between 8:00 a.m. and 6:30 p.m. 16. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation of an3, relevant provisions of local, state, mid federal laws, ordinances, or regulations in effect at the time of the execution of this Declaration, or at the time such laws, ordinances, or regulations ina3' thereafter be promulgated, amended, or rex4sed. 17. These covenants and restrictions shall mn with the land and shall be binding upon Declarants, Declarants' successors and'assigns, and upon all persons or entities clahning under them, and can be termSnated, revoked, or amended only with the xxxitten consent of the Town Board of the Town of Southold. IN WITNESS x,V'rlEREOF, Declarants have caused this instrument to be duly TATE OF NEW YORK SS: OUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO'HEREBY CEBTIFY THAT I HAVE COMPAFJ. ED THE ANNEXED COPY OF / / DEED LIBER /~7~' / AT PAGE ~¢%( RECORDED AND THAT IT !S A JUST AND TRUE COPY OF SUCH ORIGINAL DECLAI~ATI(~N AND OF THE WHOLE T~EREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~.Q DAY OF ",~-d~'~ ,.~¢ ._~Z~ CLERK Mullen Motors, Inc. -6- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Onae / _ day of Mar&g 2000, before me, the undersigned, a Notary Public in and faf said State, personally appeared Albert W. Albertson, Jr., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he-executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the indixddual acted, executed this instrument. [ Not pUBLiC, ~tata o~ New ~ ~40T~YUo 02HA4927029 '~.. - · fiotk Cou STATE OF NEW YORK) COUNtrY OF SUFFOLK) SS.: On the [ c/-/°rq day of-&rarcI-~ 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald B. Katz, knox~m to me or proved to me on the basis of satisfactory exSdence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in lfis capacib', and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. ~ Notary Public KAREN J. HAGEN NOTARY PUBLJC, State of New ~'k No, 02HA4927029 Qualified In Suffotk County Commission Expires March 21, 20 -7- STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the / q~l day of/~,(f~0, before me, the undersigned, a Notary Public. in and for said State, personally appeared Gertrude Katz, known to me or proved- to me on the basis of satisfactory evidence to be the indix4dual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity., and that by her signature on said instnnuent, the indix4dual, or the person upon behalf of which the indix4dual acted, executed tiffs instrument. KAREN ,I. HAGEN NOTARY puBLiC, State ot New YO~k No. 02HA4-927029 STATE OF NEW YORK) ed tn SuflOtk COUNTY OF SUFFOLK) SS.: Commission F_xpires laarda 21, ~ ~, On the ,/~ day o ,2000, before me, the undersigned, a Notary.' Public in and for said State, personall5 appeared ,/~/L/~e~///7~,//(/5 , of Mullen Realty, L.P, known to me or proved to me on the basis of satisfactory exsdence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said mstnnnent, the individual, or the person upon behalf of wkkch the individual acted, executed tiffs KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission ExpireS March 21, 20 -8- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the / C/~Z~ day of~q~,ccr~000, before me, the unde, rsigned, a NotaDr Public in and for said State, personally appeared/~/~c~.~../~'' rr7c~//G.~ , of Mullen Motors, Inc., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within insm2nent and acknowledged to me that he executed the same in his capacity, and that by his signature on said insmm~ent, the individual, or the person upon behalf of which the individual acted, executed this KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified 'in Suffolk County Commission Expires March 21, 20 -9- ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, To~m of Southold, County of Suffolk, State of Nexv York, being known and designated as Lots 1 and 2 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more~particularly bounded and described as follows: BEGINNING at a monument set in the southerly side of Main Road distant 100 feet easterly from the comer formed by the intersection of the southerly side of Main Road with the westerly side of Cottage Place; running thence along the southerly side of Main Road the following two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East, a distance of 100 feet to a monument; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at the point of intersection of the southerly line of Main Road with the westerly line of Locust Avenue; running thence along the said westerlsr line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of)dice Albertson and Gertrude Katz; running thence along said land of)dice )dbertson and Gernmde Katz and land now or formerly of Mullen, the following two courses and distances: (1) South 75 degrees 42 minutes West I 11.69 feet, and (2) South 71 degrees 55 minutes 40 seconds West, a distance of 98.50 feet to a point and the easterly side of land now or formerly of Mullen; running thence along last mentioned land, North 15 degrees 32 n4nutes 00 seconds West, a distance of 171.74 feet to a monument set in the southerly side of Main Road, at the point or place of BEGINNING. BEING ,AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Pfeil by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 in Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover, his xvife; and 2. Deed dated 7/18/75 recorded 8/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Made Cassidy, as devisees of the Estate of Bridget Furey and Cathe~Xne A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, CounB~ of Suffolk, State of New York, lmown and designated on a diagram of Lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Clerk of the Coun .ty of Suffolk as and by Lots 26, 27 and 28, said lots when taken together are more particularly botmded and described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant t29.79 feet southerly from the intersection of the southerly side of Ivlain Road with the westerly side of Locust Avenue; nmuing thence along the westerly side of Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands and also along lands ofW. Corbett South 73 degrees 21 minutes 50 seconds West 162.91 feet to lands orB. Adams; thence along said lands North 17 degrees 10 mmu~es West 48.80 feet to the southeast comer of lands of Mullen; thence along said lands North 18 degrees 05 minutes 50 seconds West 109.47 feet to lands of Albert W: Albertson, Jr. and Donald B. Katz; thence along said lands of ,Mbert W. ,Mbertson, Jr. and Donald B. Katz the following two (2) courses and distances: 1. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 minutes East 111.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND iNTENDED TO BE a description of the premises conveyed by Judith Zavesk3,, James Michael Lucey, Kathleen Marie Lucey and Palricia Lucey to ,Mice Albertson and Gertrude Katz by deed dated May 19, 1982 recorded July 7, i982 in Liber 9207 cp. 596. SCHEDULE B ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 3 and 4 on a certain map entitled, "IvL~d? OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly bounded and described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with the easterly line of Cottage Place; running thence along said southerly line of Main Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a monument and land now or formerly of Katz and Albertson; thence along said land South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr.; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100.00 feet to the easterly line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place of BEGINNING. SCHEDULE C ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochran, as stuxreyed by J. Wickham Case, October 1867, filed in the Suffolk Cotmty Clerk's Office on October 6, 1870, as Ix,tap No. 399, more particularly bounded and described as follows: BEGINNiNG at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shown on a certain survey by Otto W. Van Tuyl and Son, Licensed Land Surveyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 minutes 40 seconds East a distance of 159.69 feet to lands of Alice Albertson and Gertrude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned lands a distance of 109.47 feet; RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE North 14 degrees 48 minutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNiNG. BEING AND iNTENDED TO BE a description of the premises conveyed to Richard F. Mullen, Jr. by deed dated 10/3/86 recorded 10/23/86 in Liber 10152 cp. 60 made by Darnel C. Finne and Dopla M. Finne, his wife. SCHEDULE D APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman James Dinizio. Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road I~O. Box 1179 Southold, Ne,a York 1195'1-0959 ZBA Fax (631) 765-9064 Telephone (631) %5-1809 FINDINGS AND DETERMINATION REGULAR MEETING OF JULY 19, 2001 Appl. No. 4969 Applicant: NYS Federation of Processors & Growers, Inc. (N. Aliano, Owner) Street Address: 31800 and 31040 G.R. 48 (a/k/a Middle Road or North Road). Pe¢onio Zone District: A-C Agricultural-Conservation Parcel: 1000-74-4-4.7 and 4.8 Date of Public Hearing: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant-N.Y.S. Federation of Processors and Growers, Inc. is the prospective purchaser of land proposing to build a Nursery School Facility. The property contains 4.5 acres with access off the southerly side of County Road 48 in Peconic, property referred to as Lots 7 and 8, combined as one lot, on the Hinor Subdivision Hap of N. Aliano. APPLICANT'S REQUEST/BASIS OF APPLICATION: The Applicant is requesting a Special Exception under Article III, Section 100-31, subsection B(4) of the Southold Town Zoning Code for a nursery school facility. The number of students at the Nursery School is proposed for a maximum of 76 students. Details of the layout of the site are more particularly shown on Site and Construction Plans prepared by Ricardo E. Campos dated 6-15-01, for "Grace's Place Day Care Center." All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing a Nursery School Use by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: Nursery schools are permitted in this A-C Agricultural-Conservation Zone District under Section 100-31B(4) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that the proposed Nursery School Use is in harmony with the zoning ordinance and will not adversely affect the neighborhood if such requirements are met. 2. The proposed Nursery School complies with the lot size provisions of the Zoning Code. This building and facility will be located on 4.5 acres of land. In addition, the Board has reviewed the General Standards governing Special Exception uses Page 2 - Appl. No. SE-~r969 Grate's Place Nursery School Decision Rendered 7/19/01 set forth in Section ~.00-263 and finds that: A) This Nursery School will not prevent the orderly and reasonable in this Residential Zone District and adjacent districts. The adjacent property to the east are business (retail sales), and to the south and west are agricultural areas. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A Nursery School use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. The location of the proposed Nursery School will not cause traMc congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other eMuent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Page 3 - Appl. No. SE-4969 Grace's P.',ace Nursery School Decision Rendered 7/19/01 F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of a nursery school facility will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. ]. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a nursery school. .~. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this nursery school/day care center use. L. The use to be operated is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site is particularly suitable for a nursery school considering its size and character of the neighborhood. N, No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses, O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. Pa pl. No, S 9 " ,2 Grace's Place Nursery School ' ..','-' Decision Rendered 7/19/01 ,. %': RESOLUTION/ACTiON: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the application, as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins. (Absent was Member Horning, of Fishers Island). This Resolution was duly adopted (4-0). //C~ard P. Goehringer p'' ~- ~ Chairman , ....'.~., : - . ¢', x~,~:~.~' GREGORY F, YAKABOSKI 'tOWN ATTORNEY KATHLEEN MURRAY ASSISTANT TOV~i',l ATTORNI~Y PATR~CIA A. FINNEGAN ASSIS"i ANT TOWN ATTORNEY ~HUA Y. HORTON Supervisor Town Hall, 58095 Route 25 P.O, Box 1179 Souq;hold, New York 11971-0959 ~elephone (631) 765-1939 e-rn~/il ~q',~g.ya[:aboski~,~own southoldny u~ kathleenmm~'ay,'~!towtt.southold.ny.us patricta fim~eganr'ort, ,?:n.so utho ld.ny.u~ To: OFFICE ()F '['HE TOV,~4 ATTOItNEY '-[, ¢,',T14 1;' ? ~UTll' Supervisor Horton Southold Town Board From: Patricia A. Finnegan, Esq. Assistant Town Attorney Date: October 22, 2002 Hearing on Application of Darrin Skrezec for Change of Zone While reviewing the Skrezec file to determine the status and ensure that it was ready for hearing, I prepared the following timeline (see attachment) of significant events. You may find it helpful as you review the matter and make your decision. cc: Betty Neville, Town Clerk 618101 7/31/01 8/14/01 8/28/01 9/25/01 10/24/01 11/7/01 3/6/02 6/3/02 7/2/02 7/5/02 7/12/02 7/23/02 7/29/02 7/30/02 7/31/02 9/4/02 10/1/02 Application of Darrin Skrezec for Change of Zone TIMELINE Application filed. Application requests R-40/HB changed to LB - to conduct his landscape business. App determined to be complete 6/25/01. Resolutions--application transferred to PB and SCPD for recommendations, Town is lead agency disapproval letter from PB Resolution - hire NPV to do SEQRA Resolution- Unlisted action pursuant to SEQRA PB letter indicating they had reconsidered their decision at the request of applicant's atty, re-affirm original recommendation--disapproval of zone change disapproval letter from SCPD NYS recommends Phase 1 Archaeological survey ( per NPV in 7/5/02 letter, not necessary at this time because app requests only a zone change, this would be required prior to ground disturbance) Amended Application filed (per applicant's arty, amendment was made after discussing application with Town Board at a Town Board work session) Application requests change R-40/HB to LB/RO Resolution--hire NPV to re-evaluate SEQRA in light of amended application. NPV requests more information PB requests more information NPV letter received, SEQRA COMPLETE--nag dec may be appropriate at board's discretion etter from applicant's arty responding to PB 7/I2 memo. PB recommendation received, recommends changing entire parcel to RO only. Resolution- Town is lead agency SCPD recommendation received, recommends changing entire parcel to RO only. Status--This application is ready for public hearing. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS lx, La. NAGEMENT OFFICER FREEDOM OF INFOI~L~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.north fork.net OFFICE OF THE TOWN CLERK TO%tN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 706 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County_, on the 8th day of October, 2002, a Local Law entitled "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (FIB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO)", the petitioner is Darrin Skrezec~ the property is approximately 3.7 acres located at the south side of County Road 48, Peconic, New York; and WHEREAS, a Public Hearing was held on this Local Law on the 22nd day of October, 2002 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 OF 2002 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM Tf[E RESIDENTIAL (R-40) AND tqAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO), on property located at south side of County Road 48, containing 3.7 acres, osvned by Darrin Skrezec. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK ~ SUFFOLK COUNTY Office of the Town Clerk ss: of the TOWN 'OF SOUTHOLD (Seal) This ~!~ro certify that I, Elizabeth A. Neville, 15wn Clerk of the Town of Southold in the said County of Suffolk, have compared the foregoing copy of. Eesolution. bio.. Z0$ .ad(~p.ted. bY. e .super .majority. of. the.. .S~outhold .T. own .Boar. d. on. October .22, 20D2 ........... with the original now on file in this office, and that the same is a correct and true transcript of such original. Eesolution. Be.. 7.06 .adop.ted. bY. a. sup. et' ,majpr. ity. of. the .Southold .T.o~vn .Board .on.Qctober. 22., .2002 ........................... and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this .2.~th. day of . .O.ct;ober, .2!)Q2 ............. Town Clerk of the Town of Southold, County of Suffolk, N.Y. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold has received a petition to amend the Zoning Map of the Town of Sonthold by changing the Zoning District designation of S CTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); NOTICE IS 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 Southold will hold a public hearing on the aforesaid local law at the Mattituck High School, Main Road, Mattituck, New York at 1:00 p.m, Tuesda¥~ October 22~ 2002 at which time all interested persons will be given an opportunity to be heard. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000-74-4-14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, Nexv 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# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, OCTOBER 8, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOgVN CLERK PLEASE PUBLISH ON OCTOBER 10, 2002,AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Toxvn Board Members Planning Board Code Committee Town Attorney D. Skrezec G. DeSimone, Attorney Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Affidavit of Posting by Town Clerk on her Public Bulletin Board ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ?tS ~b day of I~ ~7~, ~,¢t~ ,2002, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Toxvn Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Public Hearing: Skrezec Change of Zone. ~:~Eli~-abeth A. ~l~ville -- Southold To~vn Clerk Sworn before me this ,/0 dayof~, 2002. JOYCE M. WILKINS No~aI¥ Publla, State of New Yo~k No. 4962246, Suffolk County Ten~ E,~pime June 12..~.c,o_g ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M2,NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 636 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8, 2002: RESOLVED that the Town Board of the Town of Southold hereby amends resolution #610 adopted at the regular Town Board meeting September 24~ 2002, to read as follows: WHEREAS the Southold Town Board has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); no therefor be it RESOLVED 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 Southold will hold a public hearing on the aforesaid local law at the Mattituck High School, Mai Road, Mattituck, New York at 1:00 p.m, Tuesda¥~ October 22~ 2002. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000- 74-4-14.1 fi.om the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconie, 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# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (I-IB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS NL~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 610 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24, 2002: WHEREAS the Southold Town Board has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); no therefor be it RESOLVED 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 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, Tuesda¥~ October 8~ 2002. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000-74-4-14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, Ne~v 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# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (liB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). Elizabeth A. Neville Southold Town Clerk REG~'~TRAR OF VITAL STATISTICS '~(tARRIAGE OFFICER RECORD~ MANAGEMENT OFFICER INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main'Road P.O. Box 1179 Southold, New Y~ 11971 Fax (631) ;145 Telephone ;-1800 k.net THIS IS TO WAS ADOPTED ON S! Town of Southold b5 Residential (R-40) (RO); no therefor be it Board has received a District (HB) ,610 OF 2002 TOWN BOARD Map of the ~CTM# 1000-74-4-14.1 from (LB) and Residential Office RESOLVED that pursuant to Section Town of Southold, hold a rub Road New Yo~ Local Residential I The York local law: 5:00 istrict and Hamlet Business (HB) District to the District Designations. The petitioner for this ~ 3.9 acres located at the south side of Route airements of the Code of the of the Town of Southold will 53095 Main 2002. The purpose of this 1000-74-4-14.1 from the (LB) and is Darren Skrezec. New 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# 1000-744-14. l FROM THE RESIDENTIAL (R40) AND HAMLET BUSlNESS I.HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). Elizabeth A. Neville Southold Town Clerk 2OTT DESIMONE ATTORNEY AT LAW 41780 ROUTE 2,5 ~ PECONIC ~ NEW YORK 11958 ~'~ "' ~'!I~D Phone 631 765 3535 Email TaxCertEsq@aol.com Fax 631 765 5148 OCT I o Southold Town Clerk October 18, 2002 Elizabeth A. Neville, Southold Town Clerk Town Hall Main Road Southold, New York 11971 Re: Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Ms. Neville: Enclosed please find applicant's notice of hearing with affidavit of mailing along with receipts for certified mail, copies of RRR cards that were post marked 10/I 1/02 and two RRR cards that have come back signed as of this date. Please feel free to call me xvith any questions you ma)' have. Very truly yours. cc: Darrin Skrezec · 09- ZONING&LANDUSESKKEZEC CH~,NGEOFZONEOCTOBERIgLETTER.doc Paul McGlyun P.O. Box 206, North Rd. Peconic, N.Y. 1 I958 Julia Day 337 W. 2V~ Street, Apt. 5-B New York, N.Y. 10011 Edward Dart P.O. Box l, Peconic Lane Pecouic, N.Y. 11958 Bauer Farms Inc. Bay Avenue~ Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 Suffolk Count3, Water A. Legal Department 4060 Sunrise Highway Oakdale, New York 11769 Spartan Holding Co. 17 Huntington Bay Road Huntington, New York I 1743 ,rit3' YOU ARE. HERBY GIVEN NOTICE: 1. That the undersigned has filed a petition with the Town Board of the Town of Southold to request a change of zone. That the propert3, which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane. A copy of the Suffolk County tax map is attached with the subject parcel highlighted. 3. That the property which is the subject of such petition is located in the following zoning district: Residential (R-40) and Hamlet Business That by such petition, the undersigned will request that the above-described property be placed in the folloxving zone district classification: Limited Business (LB) and Residential - Office (RO) Dated: October l 1,2002 That a public hearing will be held on the matter by the Town Board on Tuesday, the 22"a day of October, 2002 at 1:00 p.m. at Mattituck High School located on the Main Road in Mattituck, New York; A notice of such hearing will also be published at least ten da3 s prior to the date of such hearing in the Suffolk Times or iu the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. ~ Southold, Ne~ York 11971 By: Scott DeSimone. Esq. Attorney for Petitioner ,.. 41780qlrome 25 ~ Peconic, New York~11958 (631) 765-3535 .,~ 3 § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 § 58-1 SOUTHOLD CODE § 58-1 fi'om the property included iu the application. Sucb notice shall be made by certified tnail, return receipt requested, posted at least seven 17) days prior to the date of the initial public hearing on the application aud addressed to the owners at the addresses listed for them en the local assessment roll. The applicant or agent shah file an affidavit that s/he has complied with this provision. 5802 LL ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS I~LARRL&GE OFFICER RECORDS ~L~NAGEMENT OFFICER FREEDOM OF INFOR~L~.TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour haldt own.hurt hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 22, 2002 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0009 De~r Mr. Isles: Transmitted is the Darrin Skrezcc change of zone application together with all pertinent documents. This application was amended and the possibility of further amendment was discussed. However, the enclosed letters were received from Mr. Skrezcc's Attorney Scott DeSimone requesting that the current amended application be carried forward and considered. Also enclosed is the Sonthold Town Planning Board's report. Please review and prepare an official report defining your department's recommendations with regard to this proposed change of zone application, and forward same to me at your earliest convenience. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney V. Scopaz G. Newman I:~APlUS HAP FO~ ZONE C, HAN®E 51TUATE, PEC, ONIC, TOINN, ~IJTHOLD SUFFOLK C, OIATY, NY %L)FFOLK COUNT'( TAX ~ 1000-]4-4-14.1 0~-14-01,0~-2q-01 COTT DESIMONE ATFORNEY AT LAW 41780 ROUTE 2.5 ~ PECONIC - NEW YOR~c 11958 Phone 631 765 3535 Email TaxCertEsq~,aol.com Fax 631 765 5148 Southold Town Ch [ Elizabeth A. Neville, Southold Town Clerk Town Hall Main Road Southold, New York 11971 August 21, 2002 RE: Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Ms. Neville: Confirming our conversation, Mr. Screzec will be proceeding with his amended application seeking a change of zone from R-40 and HB to LB and RO. I trust you will transmit the required paperwork to the Suffolk County Planning Commission at your earliest possible attention. Please call me with any questions you may have conceruing this submission. 'fhank you for your courtesy, cooperation and attention to this matter. Very truly yours, ~ )Sco~tt ~eS!2one cc: Darrin Skrezec Z:~SUSAN'S iVLMLBOXkAUGUST ~1 LEVI'ER.doc Elizab~h A. Neville Southold Town Clerk Town Hall, 53095 Main Road, Southold, N.Y. 11971 631 765-1800 tele. 631 765-6145 fax Town of Southold To: Scott DeSitrnone From: Betty Neville Fax: 631 765-5148 Page~: 6 Phon~ [Click here and type phone number] I~te:. 8/21/2002 Re: Dadn Skmzec CC: [Click here and type name] [] Urgent [] For Review X Please Comment [] Please Reldy [] Please Recycle · Comments: Scott: I was told by the Planning Board (after your meeting with them on 7/29/02) that you would be submitting a further amended application to RO. I had not heard anything from you or Darin, so I called him. He called back and left a message that you would be going back to requesting the original LB? I am faxing the comments made by the Planning Board on July 30, 2002. Please advise.me of the intentions on this application. Thank you. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 To: From: Re: Date: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Elizabeth Neville, Town Clerk Valerie Scopaz, AICP, Town Planner Skrezec Change of Zone Petition SCTM# 74-4-14.1 S/s CR 48, W/o Pccunic Lane Peconic, NY July 30, 2002 Under the current zoning, the maximum potential for development of the subject lot is as follows: o In the Hamlet Business (HB) zoned area (18,000 sq. ft.) a total of 7,200 square feet of commemial buildings could result. In the Residential (R-40) zoned area (156,440 sq. ft.) a total area of 24,000 sq. ft (based upon a 3 lot yield) of residential buildings could result. The above estimates do not include roads, drainage, parking or other necessary improvements. The computation is based upon percent of allowable lot coye.rage under the current code. The actual yield on site may be less. The proposed zone change would change the mixed HB and R-40 parcel to: o Residential Office (RO) equal to .92 acres (40,075 sq.fi.) and o Limited Business (LB) equal to 2.73 acres (100,188 sq. ft.). If approved, the maximum potential for development in the rezoned area will be: o In the RO area, 8,015 sq. ft., o in the LB area, 23,783 sq. ft. Therefore, the zoning change could result in more square footage of commercial buildings and consequently all associated improvements i.e. parking areas. Due to the nature of existing uses and zones, the Planning Board suggested to the applicant that the application be amended to rezone the entire parcel to RO. The Board is not in favor of applying a more intensive commercial zone on the premise that it would be contrary to the County Route 48 study. Planning staffre-visited The CounO, Route 48 Corridor Stud.}' (Cramer, 1999) and noticed that it did not specifically evaluate the subject parcel. A recommendation for the area to the east, bordering Peconic Lane, was to "Fortify the business area with additional commercial zonings to HB and RO". The surrounding area to the east was identified as Peconic 2 (See Figure: Peconic 2). As the figure indicates, the recommended change of zone for the two parcels abutting the subject parcel to the east was from R-40 to RO. The study also recommended that the area to the west of the parcel (identified as Peconic 1) be changed from B to RO and that properties adjacent to the Long Island Rail Road be changed from B to LB. The overall recommendation was to "rezone existing residences and vacant parcels to RO; change B to LB. (See Figure Peconic 1) As a result of the above zoning changes and the exclusion of the parcel from the study area, the zoning of the subject parcel (R-40) remained intact and the adjacent RO, B, HB and LI zones were applied to the surrotmding properties through a succession of zone changes as recommended. The net effect of the rezonings was to isolate the subject parcel from adjoining residential districts. However, it also is important to note that post zoning change, the residential parcels remained in use as residential dwellings. The current zoning of the parcel is HB and R-40. The HB area lies to the rear of the property, abutting the LIRR easement. Due to the recent approval of a Lot-Line application, access to Peconic Lane from the subject parcel has been eliminated. Consequently, any proposed access to the subject parcel will be from CR 48. Based upon the above, the Planning Board rendered a decision at the July 29, 2002 work- session to recommend a change of zone from the current use to Residential Office (RO) only. This change of zone would be consistent with the adjacent zoning districts. The Planning Board is not in favor of changing the zone on any part of the parcel to Limited Business (LB) at this time. See Section See i' S?ovr DES Mo U ATTORNEY AT LAW 41780 ROUTE 2.5 ~ PECONIC - NFW Yt)RK ll958 Phone b31 76.5:3.53.5 Email TaxCertEsq@aol.com Fax 631 765.51.18 Town of Southold Tox~aa Hall Main Road Southold, New York 11971 Attn: Bem~ett Orlowski Jr.,Chairman Southold Town Planning Board July 29, 2002 Amended application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Mr. Orlowski: I have reviewed the correspondence of Nelsom Pope & Vorhees dated Jul5' 5. 2002, and the memo of Valerie Scopaz dated Jtt!y 12, 2002 concerning the same correspondence. Mr. Vorhees raises several issues that I shall address in order. First, an amended Radius Ivlap reflecting the newly proposed rezonit~g was submitted xvith the ,amended application. Therefore, Mr. Vorhees did not review ~he amended Radius Map. His concerns regarding the exact location and acreage of the zoning categories proposed is clearly denoted on the amended Radius Map. Relative to Mr. Vorhees concerns in the second paragraph of his letter, he should be advised that the amended application was submitted after discussing the original application with the To~n Board at a Town Board work session. It was thought that the portion of the parcel now proposed to be rezoned to RO would act as an additional buffer to the parcels to the east which were previously rezoned to RO. At this juncture, the applicant has no intention as to the use for that portion to be rezoned to RO nor has the applicant cxp!ored the subdivision issue. The rezoning as proposed would certainly lend itself tca subdivision of this parcel in line with the Radios Map as drawn. Fina!iy. as to the issue ef acces:~, no portion of the parcel is to be landlocked and therefore access should not be an issue. Relative to Mr. Vorh¢¢s concerns in the third paragraph of his letter, the lot line change was approved by the Planning Board and signed off by you on March 11, 2002. The remaining issues raised by Mr. Vorhees, and as he indicates, are site plan related issues and are not relevant to the change of zone application now pending. It further appears that Mr. Vorhees' SEQRA reviexv dated January. 25, 2002 may require additional analysis and amendment as it appears that he may not have been provided xvith a complete copy of the amended application. Thank you for your consideration in this matter. Very truly yours, CC: Town Board Elizabeth A. Neville, Town Clerk Valerie Scopaz, Director of Planning Charles J. Vorhees Darrin Skrezec LOT 1 N55°IS'IO"E I]5.00' O~IGINAL CONFIGURATION LOT PROPOSED CONFIGURATION LOT TA,~UL~TIS3N OF AREAS: PARCEL TO ORIGINAL LOT 2 PARCEL T~,l DE LOT I .AFTER 15q080 SF O~ ~E-~ 4C, RES JOHN ,u,, ]EHLER,.., LAN'D S1U~,,,, ,,,, ii..,, Ii ,L..,6 .... 6 EAST MAIN STREET N.Y.S. LI('. NO. 50202 RIVERHEAD, N.Y. 11901 ~69-8988 Fax 369-X_87 REF -AHP SERVERX, DLPROS'~2u-241~c.pr,~ NEI. SON, POPE & VOORHlf~, LLC July 23. 2002~^v: ~ ,.~cz. ~.~.s. Elizabeth A. Neville, Town Clerk Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Dear Ms. Neville: RECEIVED JUL 2 5 2002 qouthold Town ClerL Re: Town of Southold, SEQRA Review Darin Skrezec Change of Zone SCTM #1000-74-04-14.1 NP&V gO 1299 In response to your fax and our follow-up telephone conversation today, I understand that the applicant has provided a revised Radius Map indicating the location and acreage of the desired zoning classifications. The Radius Map has been revised to indicate that the nortbeastem 0.92 acres of the site is proposed for RO Residential Office zoning, with the remainder of the site (or 2.732 acres) proposed for LB Limited Business zoning. It is assumed that the proposed split zoning of the parcel is a precursor to allow for a future subdivision and each zoning district appears to meet the required zoning dimensional requirements. Further, each proposed zoning district maintains sufficient frontage on Middle Road (CR 48) to provide access to individual lots should a future subdivision of the parcel be requested. The applicant has indicated that the proposed LB zoning classification will alloxv for the use of his landscape business. Although the use of proposed RO zoning district is unknown, uses allowed within this district include: one family dwellings, owner-occupied two-family dwellings, with uses subject to site plan approval including municipal buildings, fraternal organization buildings, bed and breakfast uses, professional offices, churches, libraries, museums, art galleries, etc. and other small businesses. It is recognized that the applicant has revised the requested zoning designations in order to provide for transitional uses on a property located between LI zoning districts to the west and the RO zoning to the east. Development within each zoning district will be subject to site plan review and substantial landscaping could be provided within each zoning designation to further buffer adjacent site uses. As per our previous correspondence, the Planning Board has been made aware of the lot line change application (i.e. transferring the small strip of the site which created an eastern extension to Peconic Lane to the adjoining ialldo~u, uf i_a,,. Iai i6). Should [Itc pcoposed zo,c G~a,gc be appio~cd, ;.lie applicant MIl be rcq,ircd to provide water hookup confirmation from the SCWA and a Phase I archaeological survey will be completed for review and signoff by the NYS OPRHP. Considering this information, the Town Board may render a SEQR Determination of Significance and zone change decision and 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. Valerie Scopaz Greg Yakaboski Sincerely, NELS)9~rPOPE ~ VOOI~S, LLC ~//Char[es J.~/q~his, AICP. CEP NE;L~ON~ POPE & VOORHIS, LLC July 5, 2002 P~uL ,., ~Acz RLS Elizabeth A. Neville, Town Clerk Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Dear Ms. Neville: RECEIVED JUL 1 G Southold Town Cler[ Re; Town of Southold, SEQRA Review Darin Skrezec Change of Zone SCTM # 1000-74-04-14.1 NP&V gO 1299 I have reviewed the additional materials submitted by the applicant modifying the above referenced chauge of zone application to allow for the 3.7 acre site to be rezoned from R-40 Residential and HB Hamlet Business to LB Limited Business and RO Residential Office. Although the applicant indicates in the "Addendum" that the portion of the site adjoining the property to the east (currently zoned RO) is proposed to be rezoned to RO Residential Office with the remaining area (and southern portion of the site) which adjoins HB and LI zoning districts proposed to be rezoned to LB Limited Business. the "Radius Map for Zone Change" indicates that the entire subject parcel is proposed to be rezoned to LB. This discrepancy should be clarified by the applicant and resubmitted to the Town for review. The exact location and acreage of the zoning categories proposed for the parcel should be specifically indicated. Further, the "Addendum" states that the applicant is a landscape designer and contractor and that rezoning the southern portion of the parcel to LB would allow for use of his business. The applicant's intent with regard to use of the northern portion of the property should also be identified. As the proposal now seems to request split zoning of the parcel, the applicant should specify at this time if the subject property will be subdivided and how access to the proposed southern and landlocked LB zoned portion of the lot will be achieved. As stated in the Environmental Assessment Review prepared by this office on January 25, 2002, the applicant should indicate if the lot line change application (i.e. transferring the small strip of the site which created an eastern extension to Peconic Lane to the adjoining landowner of tax lot 16) which was reportedly submitted to the Planning Department on or before Tuesday June 12, 2001, has been submitted and approved. Further, the applicant should provide conformation that the SCWA can provide water to the site. Correspondence has been received from tile NYS OPRi-LP (attaci~ed herein) indicating t!~at a Phase ! amh.~eo!ogical ?,r,,ey iq wammted for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. Although not necessary at this time as the proposed project involves only a change of zone application, the applicant should be made aware of this additional information and future requirement. Should you receive any additional information pertinent to this review, please contact me of feel free to forward same to this office. cc: Greg Yakaboski Sincerely, "~firles J. ~oorhig, AICP, CEP NEW YORK STATE 0 Bernadette Castro New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles island, PO Box 189, Waterford, New York 12188-0189 March 6, 2002 518-237-8643 Shana M. Lacey Nelson, Pope & \ oorbis, LLC 572 Wah Whitman Road Melville. New York 11747-2188 Dear Ms. Lacey: Re: SEORA Skrezic Change of Zone/Peconic/CR 48 SCTM # 1000-74-04-14.1 Southold, Suffolk CounLy 02PR0997 Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP'i concerning your project's potential impact"effect upon historic and,or prehistoric cultural resources. Our staff has reviewed the documentation that you provided on your project. Preliminary comments and/or requests for additional information are noted on separate enclosures accompanying this letter. A determination of impact/effect will be provided only after ALL documentation requirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed to the appropriate staffperson identified on each enclosure. In cases where a state agency is involved m this undertaking, it is appropriate for that agency to determine whether consultation should take place with OPRHP under Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law. In addition, if there is a% federal agency invoh'ement, Advisory Council on Historic Preservation's regulations. "Protection of Historic and Cultura~ Properties" 36 CFR 800 requires that agency to initiate consultation with the State Historic Preservation Officer (SHPO). When responding, please be sure to refer to the OPRHP Project Reviex~ (PR) number noted above. Sincerely, Ruth L. Pierpont Director RLP:bsd Enclosure(s) An Equal Opportunity/Affirmative Action Agency ARCHEOLOGY COMMENTS 02PR0997 Based on reported resources, there is an archeological site in or adjacent to your project area. Therefore the Office of Parks, Recreation and Historic Preservation tOPRHP) recommends that a Phase I archeologicaI survey is warranted for all po~lions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I 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 [ survey is divided into two progressive units of study including a Phase IA sensitivity assessment and initial project area field inspection, and a Phase lB subsurface testing program for the project area. The OPRHP can provide 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. Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase 1 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 I 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 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 a description of the disturbance with confirrning 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 record previous disturbances, or current soil borings that verify past disruptions to the land. Agricultural activity 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 Schifferli at (518) 237-8643 cxt. 3281. M. Schifferli 03/01102 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville/Town Clerk From: Planning Board J~ff?/ Date: July 12, 2002 Re: Proposed Change of Zone for Skrezec/Day/Leo Located on the south side of C.R 48 south of Peconic Lane in Peconic SCTM# 1000-74-4-14.3 The Planning Board concurs with review dated July 5, 2002, conducted by Nelson, Pope and Voorhis. The application needs further clarification prior to a decision. In summary: The applicant has supplied conflicting information regarding the change of zone. The applicant needs to clarify which zoning district the applicant is proposing to re-zone the property to. 2. The applicant's intent with regard to use of the northern property should be identified. Currently, the proposal suggests split-zoning of the parcel. The applicant should identify if the property will be subdivided and how access to the proposed southern and landlocked LB zone portion of the property of the lot will be achieved. Based upon the above outstanding issues, a recommendation from the Planning Board on the above referenced project cannot be issued at this time. 21/08 '02 WED 13:29 FAX 516 765 6145 SOUTHOLD CLERK ~001 ********************* *** TX REPORT *** ********************** TRANSMISSION OK TX/RX NO 3768 CONNECTION TEL CONNECTION ID ST. TIME 21/06 13:27 USAGE T 01'52 PGS. SENT fi RESULT OK 7655148 Elizabeth A. Neville $outhold Town Clerk Town Hall, 53095 Main Road, Sou'(hold, N.Y. 11971 631 76~-1800 tele. 631 765-S145 fax Town of Southold Tm Scott De~imo~e From-' Betty Neville Fax: 1531 76,5,5148 Pages: 6 Pheae:. [Click hem and type phcme number] re'te~ 8/21/2002 Rm. Darin Skn~zec CC: [Click hem and type name] D Urgent [] For Review X Please Commel~t [] Please Reply I-1 Please Recycle Scott I was told by the Planning Board (after your meeting with them on 7/29/02) that you would be submitting a ~rther amended application to RO. I had not heard anything from you or Darin, so I called him. He called back end left e message that you would be gc~g bad( to requesting the original LB? I am faxing the comments made by the Planning Board on July 30, 2002. Please advise me of the ~tentions on this application. Thank you. 'RADIUS MAP FOR ZONE OHAN®E 5'ITUATIE--. t:~¢_..,ON I ¢__.., TOI,"iN: 5,b~OLK (.,OUNI"Y, NY' SUFFOLK (..OUNT¥ TAX # I000-q4-4-14.1 Elizabeth A. Neville Southold Town Clerk Town Hall, 53099 Main Road, Southold, N.Y. 11971 631 766-t800 tele. 631 765-6145 fax Town of Southold · re-, Chick Vooi¥1s Ftem., Betty Neville Fax,, 427-,r:620[Click here and type fax number] I~agem 23 I~one; 427-5665 r,~ 7/23/2002 Skrezec, Dadn Re-evaluation C of Z CC: Valede Scopaz [] Urgent X For Review [] Pleame Comment X Please Reply [] Please Recycle a Comments: Chick: There :ecrus to be some confusion on this one. Please review the attachments and call me. Thank you. Betty Nevilte ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS I~L~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To; From: Re: Date: Valerie Scopaz, Town Planner Gregory F. Yakaboski, Town Attorney Elizabeth A. Neville, Southold Town Clerk~ (-g//~ Amended Change of Zone Application of Darrin E. Skrezec June 10, 2002 Attached please find a copy of the amended change of zone application of Dan-in E. Skrezec for your review. cc: Supervisor & Town Board Members RECEIVED PETITION NO.._~dJL~_E_.N_Q~D JUN 3 2002 Southold Town Clerk PETITION STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF DARRIN E. SKREZEC FOR A CHANGE OF ZONE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Darrin Skrezec , residing at 840 Clearview Ave., Southold, Suffolk County, New York, the undersigned, am the owner of certain real property Situated at the southside of Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane, and more particularly bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO. ALSO KNOWN AS SCTM NO.: 1000 - 74 - 4 - 14.1 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: Change the zoning designation of tax lot 14.1 from a mix of Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential-Office (RO). 3. Such request is made for the Following reasons: Please see addendum attached hereto and made a part hereof, Signature STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) DARRIN SKREZEC, BEING DULY SWORN, deposes and says that he 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 his own knowledge, except as to the matters therein stated to be alleged on information and belier; and that as to those matters he believes it to be true. Signature Sworn to me this 28th day of May, 2002 Notary Pubhc. Sta~e of New NO 5055298/ '~/-2 Qualified m Ne~,e,~Coun_6/'___ j Commission E×p~res February 5, ADDENDUM The subject property is a vacant 3.9 acre parcel ,located on the south side of County Route 48, approximately 250 feet west of Peconic Lane in Peconic. It is currently improperly zoned as a result of adjacent property zoning districts and adjacent property uses. The subject property is currently split zoned, predominantly Residential (R-40) and partially Hamlet Business. The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential-Office (tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 were recently rezoned on the Town Board's own motion from Residential (R- 40) to Residential -Office (R-O) pursuant to the County Route 48 study. Where the overwhelming majority of parcels reviewed were recommended for a change of zone to a less intensive use, these adjoining parcels were recommended for a more intensive use. The two adjacent properties to the west, lots 13 and 11, are zoned light Industrial. Lot 13 is configured as a flag lot and is improved with an aging 5,000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop. The property is constantly strewn with numerous autos. The next property to the west operates a stone and masonry yard with product always stored along the western property line. The subject property is not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. The Light Industrial zoning designation speaks for itself and does not permit any type of residential use whatsoever. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicated that a change of zone is needed. A request is being made to rezone to Limited Business and Residential Office. Limited Business and Residential Office have been identified in planning studies as transitional zoning districts. The property owner is a landscape designer and contractor and Limited business is the only zoning district that permits him to operate his business. As proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the of the parcel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. The change of zone request is in not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. '12987 ,158 SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, m the Town of Southold, Coumy of Suffolk and S~ate of New York, bounded and described a~ follows: BEGINNING at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four (4) courses and distances from the inte~ection of the westerly side of Pecomc Lane with the norther .ly side of Long Island R~i~i~ad: I. northerly 160.96 feet along the westerly side of Peeonic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side of Pecenic Lane tn lam now or formerly of Julia Day Leo and Louise O. Day; 3. RUNNING THENCE along said lands South 55 degrees 18 minutes 10 seconds West, 175.00 feet: 4. RUNN]2qG THENCE, Not-th 34 degrees 41 minutes 50 seconds Wesl, 345.58 feet to the monumen! at thc poim or place of beginning; RUNNING THENCE from said po~gt of beginning, South 34 degrees 41 minutes 50 seconds Ea,q, 355.58 feet to land now or formerly of Dart; PUNNING THENCE along said lands the follow~ng two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West. 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or formerly of the MTA (Long Island Rail Road); RLVNNING THENCE along said lands, South 55 degrees 05 mimxte, s 20 seconds Wes~ 177.88 feet to land now or formerly of Bauer Farms, Inc.; PUNNING THENCE along said lands the following two (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerl}, of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degl~es 04 minutes 50 seconds WesL 312.39 feet to the sou~herby sideof Middle Road (C.R. 48): RUNNING THENCE along the southerly side of Middle Road (C.R. 48) North 5:~ degrees 48 mimm~ ~0 seconds East. 406.98 feet to the concrete monument at the poin~ or place 6f, BEGI~-NING. APPLICANT TRANSACTIONAL DISCLOSURE FOI~H The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to ta~e whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATI~E OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone ~ Approval of plat __ Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? 'Relationship" includes interest- means a business, including e partnership, in which the towlm officer or employee has even a partial owne£ship of (or employment by) a corporation in which the town officer or employee owns more than 5% of the YES NO ~ If you answered 'YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stoc~ of the applicant (when the applicant is a corporation); __$) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~?~day of Paul McGIynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 Julia Da5' 337 W. 21st Street, Apt. 5~B New York, N.Y. 10011 Edward Dart P.O. Box 1, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: l. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. That the property, which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately acres and is located on the south side of Coun~ Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane. A copy of the metes and bounds description and the Suffolk Count)' tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (/riB) and Residential That by such petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) and Residential-Office (RO) That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such heariug in the Suffolk Times or in the Long Island Traveler-Mattimck Watchman. newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 27, 2002 By: Scott DeSimone, Esq. Attorney i-'or Petitioner 41780 Route 25 Peconic~ New York 11958 (631) 765-3535 PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn 3305 Peconic Lane P.O. Box 206, North Rd., Peconic, N.Y. 11958 Julia Day 105 Peconic Lane 337 W. 21~: Street, Apt. 5-B, New York, N.Y. 10011 EdwardDart 2935 Peconic Lane P.O. Box I, PeconicLane, Peconic, N.Y. 11958 Bauer Farms Inc. 32860 Route 48 Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR -None- Jamaica Station, Jamaica, N.Y. 1 i435 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, x~Sth offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Peconic, New York', that said Notices were mailed to each of said persons by certified mail, return receipt requested. Sworn to me t}tis 30th day of May, 2002 $ C O"l-r EIESfMO~,/E Notary Pubhc State of r'4ew York No 5055298 Qualified m ~ Counfy Oomrmsslon £x'p~res February ~l 4-16-2 (2/87)-- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent~ ty, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e.xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance· The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The fuji EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3~ Part2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 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: [] Part I [] Part 2 []Part 3 Upon review of the information ~'ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a si§nificant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a posilive declaration will be prepared. * A Conditioned Negative Declaration is only ~,alid for Unlisted Actions Name of Action Narne of Lead Agency Print or T~,pe Name of Respons~bleOfficer in Lead Agency Title of Retponsible Officer SI§nature of Responsible Officer m Lead Agency Signature of Preparer(h d~fferent from responsible ofi:icer) Date PI~I~T 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe( on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any addition( information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION LOCATION OF ACTION (In=lude Street Address, Munlcipallly and Courtly) N~M E OF ~PLIGANT/SPONSOR ADDRESS OITYIPO NAME OF OWNER (if dlffe-rent~ ADDRESS CITY/PO DESCRIPTION OF ACTION Cfi STATE ZIP CODE BUSINESS TELEPHONE ( ) ISTATE ZIP CODE Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: E]Urban ~lndustrial fqCommercial E3Residential (suburban) .,J~Rural (non-farm I-1Forest I-)Agriculture E]Other 2. Total acreage of project area: ~( acres. APPROXIMATE ACREAGE AFTE~jCOMPLETION Meadow or grushland (Non-agricultural) ~1' PRESENTLY acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type)_ acres acres 3. What is predominant soil type(s) on project site? _. '"~O XWell drained ~ % of sJte [Z]Moderately well drained % of Soil drainage: site E3Poorly drained % of site b. If any agricultural land is involvedr how many acres of soil are classified ~ithin soil group 1 through 4 of the NY5 Land Classification System? ~J//~ acres (See 1 NYCRR 370) 4. Are there bedrock outcroppings on proiect site? eyes ,~No a %hat is depth to bedrock? ~!~ (in feet) 2 5'. Approximate percentage of proposed [ site ~ith slopes: ,~0-10% ~_~.% ~]10d5% % []15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? E~Yes 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? C1Yes ,]~o 8. What is the depth of the water table? ~0L-.~' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? J~Yes I-1No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E3Yes ~o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I~Yes XNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I~yes /j~'N o Describe 13. Is the project site, ,.presently used by the community or neighborhood as an open space or recreation area? E3Yes .~No If yes, explain 14. Does the present?.~e include scenic views known to be important to the community? [3Yes ,~No . 15. Streams ,.,ithin or contiguous to project area: )V/0/t/~~'''' a. Name of Stream and name of River to which it is tributary 16, Lakes, ponds, wetland areas within or contiguous to project area: ff'vtO~? b. Size (In acres) a. Name 17. Is the site served by~xisting p?blic utilities? .J~es [~No a) If Yes, does sufficient capacity exist to allow connection? b) Ii: Yes, will improvements be necessary to allow connection~ [~Yes [~No XYes [~No 18. Is the site located in an agricultural district certified pursuant to .Agriculture and Markets Law, Article 25-AA, Section 303 and 304? I~Yes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [~Yes I~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? f~Yes J~No El. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) _~ a. Total contiguous acreage owned or controlled by project sponsor s-["l~_ acres. b. P~oject acreage to be developed: [~ acres initially; acres ultimately. c. Project acreage to remain unde,,elqped ks"') acres. d. Length of project, in miles: _ I~ll~ (If appropriate) L e. Ii: the project is an expansion, indicate percent of e~pansion proposed ~I~i~ %; f. Number of off-street parking spaces existing /k][)/¥ proposed ~//~- g. Maximum vehicular trips generated per hour i~1 ~' (upon completion of project)? h If res~denUa[ Number and type of ho~sing units: One Family Two Family Multiple Family Condominium Initialb, U]timateh~. j Linear feet of i:rontage along a public thoroughfare project ~lll occupy rs? 4"lb~' ft 3 How much natural matenal (i.e., roc ,k.~earth, etc.) will Will disturbed areas be reclaimed? [:]Yes rqNo J~N/A a. If yes, for what intend~C purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [:]Yes [qNo c. Will upper subsoil be stockpiled for reclamation? E:]Yes be removed from the site? ~No tons/cubic yards 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~/A acres. 5. Will any mature forest {over 100 years old) or other locally-important vegetation be removed by this project? [~Yes XNo 6. If single phase project: Anticipated period of construction .~/~. months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated ~J~, (.n~Jmber). b. Anticipated date of commencement phasell ~/,/~. month year, (including demolition). c. Approximate completion date of final phase 1./J~ month __ year. d. Is phase I functionally dependent on subsequent p~ases~ I-lYes FqNo - 8. Will blasting occur during construction? I-lYes .~o 9, Number of jobs generated: during construction ~'/~ ; after project is complete 10. Number of jobs eliminated by this project .J~/4~! 1'1. Will project require relocation of any projects or facilities? [Yes ~o If yes, explain 12. Is surface liquid waste disposal involved? rqYes ~'No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I-lYes ~o Type 14. Will surface area of an existing water body increase or decrease hy proposal? Explain I~Yes ,~No 15. Is project or any portion of project located in a 100 year flood plain? [~Yes 16. Will the project generate solid waste? []Yes .,~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? E~Yes E3No c. tf yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [Yes [:]No 17. Will the project involve the disposal of solid waste?. [~Yes a. If yes, what is the anticipated rate of disposal? tons/month. b. I} yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ~lYes 19. Will project routinely produce odors (more than one hour per day)? F3Yes 20. Will project produce operating noise exceeding the local ambient noise levels? [Yes 21. Will project result in an increase in energy use? ~]Yes If yes , indicate type/s) 22 If water supply is from wells, indicate pumping capacity I~J)~ gallons/minute. 23 Total anticipated water usage per day ?J/~ galJons,/da~. 24. Does project involve Local, State or Federal funding? ~Yes If kes, explain '25. Approvals Required: City, Town, Village Board ~]~Yes []No City, Town, Village Planning Board [Yes ~No City, Town Zoning Board 12Yes ]j~No City, County Health Department [Yes ]~'No Other Local Agencies [Z]Yes ~No Other Regional Agencies ~Yes ,~No State Agencies L~Yes Federal Agencies [~Yes ~No Type C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning If Yes, indicate decision required: Xzoning amendment E]zoning variance plan [~)site [new/revision of master plan E]resource management plan C~other 2. What is the zoning classification[s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Submittal Date decision? ,~es ~ [~]special use permit I-lsubdivision 4. What is the proposed zoning of the site? ~.l~)t'T'~'~ J~'biIJE'~,~ ~!, ~ ~l~ ~ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ~ ~. - t ~ - ~ ', ' u 6. Is the proposed action consistent~ith the recommended uses in adopted local ~and use plans? ~es ~Nc 7. What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? ~. ~ the ~ro~osed actio~ ~om~tib~e with adjoinin~/s~rmu~din~ J~nd u~s withi~ a ~ mi]~? ~e~ ~N~ 9. If the proposed action is the subdivision of land, how many lots are proposed? ~/~ a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) ~or the formation of sewer or water districts? ~Yes ~ 11. Will the proposed action create a demand for any community provided services (recreation, education, police fire protection)? ~Yes ~o a. If yes, is existin~ capacity sufficient to handle projected demand? ~Yes gNo 12. Will the proposed action result in the generation of traffic siBnificantJy above present levels? ~Yes ~o . a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No- D. Informational Details Attach any additional information as may be needed to clarify your project If there are or may be any advers~ impacts associated with your proposal, ~]ease discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certii¥ that the information provided above is true to the best of my knmdedge. AppIicant/Sp~tsor Name / ~'~.,~,~.t~/ ~"~Z~'~ Date ~ If Ihe action is in the Coastal .Area, and you are a state agency, complete the Coaslal Assessment Form before proceeding with this assessment. 5 · ' 12057 158 ALL tlaat certain plot, piece or paxcel of land, situate, lying and l~-iag at Peennic, ia the Town of So~gm~ki,~Cooray of Suffolk and State of New York bounded and desonq:~d as follows: t~E~.~u3qG at a momnnent set on the southerly side of Middle Road (C.tL 48) ddstant the following fo~ ~).coume~.and distances fi'om Re intersection of the westerly side of Peenrd¢ Lane with the northerly s/de · ~ff_5 av,%~laM Pail Ro~: L .,~a~rly 160.96 feet along the westerly side ofpecomc Lane; 2. North 34 degrees 41 minutes 50.seconds West, 10.00 feet along the westerly side of Peeollic Lane to ~d nowar f~'nerly of J~,lia Day Leo and Louise O. Day:. 3. RLrNN12qG THENCE along said lands South 55 ~eg~ees 18 minutes I0 seconds Wes-k 175.00 feet; 4..RUNNING TI-fENCE, North 34 degrb-es 41 mmmes 50 seconds Wcet, 345 .~8 feet to thc monument at the Poem or place of beginning; RLrNN11'K3 THENCE from said POint ol~Oeginning, SOUth 34 degI~s 41 llllhut~ 50 ~COllds East, 355.58 fe~t ~ la~cl now or formerly of Dart; RUNNTNG THENCE along said lands the following two (2) courses and distances: 1. So~h 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet t0 land now or formerly of the MTA (Long RUNNING THENCE along ,said lands, South 55 deto'ees 05 minutes 20 seconds West. 177.88 feet to land now or formerly of Bauer Farms, Inc.; RUNNING TI-IENCE along said lands tho following two (2) courses and &stances: I. North 37 degrees 04 minutes 50 seconds Wesk 163.00 feet; 2~ South 55 degrees 05 mmuteg 70 seconds West, 158.99 feet to land now or formerb' of Bauer Fa.rials, Inc.; RUNNI2~G TI-tENCE along said lands, North 37 degrees 04 nlmutes 50 seconds West 312.39 fe~t to the southerly side of Middle Road (C.R. 48); RLrNNING TI4ENCE along the southerly side of Middle Road (C.1L ,*g) North 52 degrees 48 ~tes 40 seconds East. 4t06.98 feet ~o the concrete monument at the poirn or place 6f, BEGINNTNG. NEL~BON, I;:~PE ~, VOORH]~. LLC FAX COVER SHEET To: Elizabeth Neville Greg Yakaboski Fax 765-1823 From: Shana Lace), Date: July 12, 2002 Re: Skrezic, Change of Zone Mattituck Housing No. of Pages: 8 (including Cover) RECEIVED JUL 1 t ~0~ %uthold To~vn Clef[ Comments: Attached please find an updated reviews for the above referenced projects. [ will also mail the originals for your records. Please feel free to call should you have an5' questions or require an3.' additional infomxation. ~WL-12-2~2 99:39 516 425, lPb'? P.WS×WU NI::L~CIN~ I~OI~E & VOOIClHII~ LLC Dear bis. Neville: Re: Town of Southold, SEQIL,:X Review Da.fin Skrezec Change of Zone SCTM #1000-74-04-14.1 NP&V ¢K) 1299 I have reviewed the additional materials submitted by the applicant modifying the above referenced change of zone application to allow for the 3.7 acre site to be rezoned from R-40 Residential and I"[B Hamlet Business ro LB Lira/ted Business and RO Residential Office, Although the applicant indicates in the "Addendum" that the ./ portion of thc site adjoining the property to the east (currently zoned RO) is proposed to be rezoned to RO Residential Office '.vkh the remaining area (and southern portion of the site) v.'hich a.d, joins ~ and LI zoning /~./~..~'- districts proposed to be rezoned Po LB Limited Business, the "Radius Map for Zone Change' indicates that the entire subject parcel is proposed to be rezoned to LB. This discrepancy should be clarified by the applicant arm resubmitted to the Town for review'. The exact location and acreage of the zoning categories propoked for theff~.n parcel should be specifically ~dicated.. Further, the "Addendum" states that the applicm~t is a landscape designer and contractor and that rezoning the southern portion of the parcel to LB would allow for use of his business. The applicant's intent with regard to use of the northern portion of the property shonld also be identified. As the proposal now seems to request split zoning of the parcel, the applicant should specify at this time if the subject property will be subdivided and how access to tl'~e proposed southern and landlocked LB zoned portion of the lot ',,.'ill be achieved. As stated in the Environmental Assessment Review prepared by this office on January 25. 2002. the applicant should indicate if the lot line change application (i.e, transferring the small strip of the site v, hich created an _ eastern extenston to Peconic Lane to the adjoining landowner of tax lot 16) v, hich was reportedb submitted to the Planning Department on or before Tuesday June 12. 2001, has been submitted an~urther, ~..he 7--~ ..~ applicant shouid provide ~.u,,fu, marion that tire SCWA can prnvide water to the~ Correspondence bas been ~.~/d''''~recmved from t-he NYS OPRI-~ (attached here n) nd caring that a Phase I archaeologica survey is warranted for all portions of the project to mvoh'e ~ound disturbance, unless substantial prior g~ound disturbance c',n be documented Although not necessaD' at this time as the proposed project involves only a change of zone application, the applicant should be made aware of this additional information and future requirement. Should you receive any additional information pertinent to this review, please contact me of feel free to forward same to this office cc. Gre¢ 'r'akaboski Sincerely, NELSO..~'I~D~'{i &.yO.Ol~'S, LLC ~J' ~2',.IDFhis, AICP, CEP 4~. 1257 P,04/0~ J, UL-i2-2B~2 09:=°~,,_ 516 ~ New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island, DO Box 189, Watedord. New York 12188-0189 Mawch Fo. 2002 ~ 18-237-8643 Shana M. Lac<,' Nelson, Pope & ~. oorhls, LLC .572 Wa~t Whm~an Ro~d Me]villa, New York 11747-215g Dear Ms. Lacey: SEQR~-X Skrezic Change of Zone/Peconlc/CR 48 SCTM #1000-74-04-i4.1 Southold, Sut'fo]k Counb' 02PR0997 Thank you tbr requesting the comments of the Office of Parks, Recreation and Hi~.toric PreserYauon (OPRHP) concealing your project's potential impact/effect upon historic and/or prehistoric cultural rc>otlrces. Oar staff has reviewed thc documentation that you provided on yotlr project. PreliminaO' corm'nerlts =hd.'or rcqucsts tbr additional information are noted on separate enclosures accompanying this letter. A determination of impacl, effect will be provided only after ALL doeumcntauon rcqulremcnts noted on any cna}assures have been met Any questions concerning our preliminary comments ancot requests for addmonal information should be directed to the appropr/ate staff person identified on e~h enclosure. In cases where a state agency is involved in this undertaking, it Is appropriate for that agency to determine whether consuttadou should take place wit50PRItP under Section 14,09 of the New York Sta:c Parku. R:creation and Htstonc Preservanon Law. In addition, if there is any federal agency involvement, .&dvisoU. Cotu-,cil on Fl~ztorlc ProseD'arian's reg~lztions. "Protection of H~stonc and Cultural Properties" 36 CFR $00 requires tl~at agency to imdate consultation ,~th the State llistone Preservation Officer tSHPO) When responding, please be sure to re-for to the OPPd-IP Project Review (PR) number noted abo~c. Sincereh' Ruth L Pm'pont Director Rl.P:bsd .An ~osl OpDertun~[~/Aff~rmative Action Agency Y? - ~2-2002 ~9:]9 ARCHEOLOGY COt IMEN 1S 02PR0999 Based on reported resources, there ~s an archeolo§ica[ s~te In or adjacent to .',oclr project area. Therefore the Office of Parks, Recreation and Historic Prescrvatiun {OPRHP) recommends that a Phase I archeological survey is warranted for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to he reviewed by OPRH:P. Examples of disturbance include mmmg activities and multiple episodes of braiding construction and demolition. A Phase I survey is designed to determine the presence or absence of archeo[ogical sites or other cultural resources in the project's area of potential effect· The Ph~tse I survey is divided into two progressive units of stud,~ including a Phase IA sensitivity assessment and initial project area field inspection, and ,~ Phase lB subsurface testing program for the project area. The OPRI-[P can pro',ide 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 OPRI-ff'. Our office does not conduct cultural resources surveys. A 36 CFR 6I qualified archeologist should be retained to conduct the Phase I survey. Many areheological consulting firms advertise their availability in the yellow pages. The services of qualified archeolo~sts can also be obtained by contacting local, regional, or statewide professional archcological organizations. Phase I surveys can be expected to vary in cost per mile of nght-of-,.~ ay or by the number of acres impacted. Wa encoorage you to contact a numbe~ of consulting firms and compare e,~arnples of each firm's work to obtain the best product. Documentation of ground disturbance should include a description of the disturbance v, ith confirming evidence. Confirmation can include cun'ent photogr'aphs and/or old~r photographs of the project arco ,.~hlch illustrate the disturbance ,approxlma[el? kesed to a project area map). past maps or sire plans that accuratcl? record pre,,ious disturbances, or current soil borings ~hat verify past disruptions to the land Agricultural activiD' Is not considered to be substanual ground disturbance and many sites have been identified in previously cultivated land. If Fou have any questions concerning archeology, please call Mike Schifferli at ~5151 237-S643 ext. M Sch,fferh )30l 02 TOTAL F,08 Date: 06/24/02 Transaction(s): SEQR Review T~il~ Of Southold W Box 1179 Sout~old, NY 11971 * * * RECEIPT * * * Receipt#: 1500 Subtotal $400.00 Check#: 1500 Total Paid: $400.00 Name: Skrezec, Darrin 840 Clearview Avenue Southold, NY 11971 Clerk ID: LBOHN Internal iD: 57334 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ~LA. NAGEMENT OFFICER FREEDOM OF INFORmaTION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTlgY THAT THE FOI,IOWING RESOLUTION NO. 433 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 2, 2002: RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs Supervisor Horton to execute and agreement with Nelson, Pope & Voohri~ LLC~ for professional services for the re-evaluation of the SEQRA report on the amended change of zone application no. 318 of Damn Skrczcc, not to exceed a cost of $400.00. Elizabeth A. Neville Southold Town Clerk NEI. SONj POPE & VOORHISj LLC RECEIVED June 21. 2002 Elizabeth A. Neville, Town Clerk Town of Southold Town Hall. 53095 Main Road PO Box 1179 Southold. NY 11971 Re: Town of Southold. SEQRA Review Darim Skrezec Change of Zone NP&V ~{01299 Dear Ms. Neville: It is my understanding that the above referenced project has been modified. Should further review be required, reevaluation of the SEQRA report for the above referenced change of zone applications can be completed for a fee of $400.00. Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfully submitted. NELSON~OPE~ VO~ LLC Elizabeth A. Neville, Town Clerk Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 NELSON, POPE & VOORHIS, I. LC RECEIVED June 21, 2002 JUN 2 4 2002 $oulhold Town Cleft Re: Town of Southold, SEQRA Review Darim Skrezec Change of Zone NP&V 4/'01299 Dear Ms. Neville: It is my understanding that the above referenced project has been modified. Should further review be required, re-evaluation of the SEQRA report for the above referenced change of zone applications can be completed for a fee of $400.00. Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfully submitted, This proposal accepted by Dated: 7~2~02 J~ua Y. ~lorton, St~pervisor, Town of Southold ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER I~ECORDS IVLM~-AGEMENT OFFICER FREEDOM OF INFORIvIATION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldto~vn.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2002 Charles J. Voohris, CEP AICP Nelson, Pope & Voohris, LLC 572 Walt Whitman Road Melville, New York 11747-2188 Dear Mr. Voohris: Transmitted are three (3) change of zone applications for your review. The first one is a new change of zone application Quad Associates Co. The remaining two (2) are for amended change of zone applications of Darrin Skrezec and Mattituck Housing LLC on which you have already done a SEQRA report on, but will require you to do re-evaluations of those reports. If you have any questions, please call me at 765-1800. Please send the completed repons directly to my attention. Thank you. Very truly yours, Southold Town Clerk Enclosures (3) applications PETITION NO. ~D STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF RECEIVED 5outhold Town Cler~ PETITION DARRIN E. SKREZEC FOR A CHANGE OF ZONE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Darrin Skrezec , residing at 840 Clearview Ave., Southold, Suffolk County, New York, the undersigned, am the owner of certain real property Situated at the southside of Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane, and more particularly bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO.- ALSO KNOWN AS SCTM NO.: 1000 - 74 - 4 - 14.1 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; Change the zoning designation of tax lot 14.1 from a mix of Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential-Office (RO). 3. Such request is made for the Following reasons: Please see addendum attached hereto and made a part hereof. Signature Or STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) I)ARRIN SKREZEC, BEING DULY SWORN, deposes and says that he 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 his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Signature Swom to me this 28tl~ day of Ma.y, 2002 SCOTT DE$1MON~ Nota~ Public. State of New No 5055298s Qualified in N~mae~Coun_fy'__ __~ Commission Expires February 5, ADDENDUM The subject property is a vacant 3.9 acre parcel ,located on the south side of County Route 48, approximately 250 feet west of Peconic Lane in Peconic. It is currently improperly zoned as a result of adjacent properbj zoning districts and adjacent property uses. The subject property is currently split zoned, predominantly Residential (R-40) and partially Hamlet Business. The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential -Office ( tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 were recently rezoned on the Town Board's own motion from Residential (R- 40) to Residential -Office (R-O) pursuant to the County Route 48 study. Where the overwhelming majority of parcels reviewed were recommended for a change of zone to a less intensive use, these adjoining parcels were recommended for a more intensive use. The two adjacent properties to the west, lots 13 and 11, are zoned light Industrial. Lot 13 is configured as a flag lot and is improved with an aging 5,000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop. The property is constantly strewn with numerous autos. The next property to the west operates a stone and masonry yard with product always stored along the western property line. The subject property is not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. The Light Industrial zoning designation speaks for itself and does not permit any type of residential use whatsoever. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicated that a change of zone is needed. A request is being made to rezone to Limited Business and Residential Office. Limited Business and Residential Office have been identified in planning studies as transitional zoning districts. The property owner is a landscape designer and contractor and Limited business is the only zoning district that permits him to operate his business. As proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the of the parcel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. The change of zone request is in not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. $~Lf~DULE A - DESCRIPTION ALL that certain plot, piece or parcel of land. situate, lying and being at Pecomc., in the Town of Southold, County of Suffolk and State of New York, bounded and desctil~l as follows: BEGINNING at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four (4) coarses and dista~es hou, the mtersectiou of the wezterly aide of Peconic Lane with the northerly side of Long Island RailRoad: I. northerly 160.96 feet along the westerly side of Peconic Lane; 2. North 34 degrees 41 minutes 50 seconds We~ I0.00 feet along the westerly side of Pcconi¢ Lane W lami now or formerly of Julia Day Leo and Louise O. Day; 3. RUNNING THENCE along said lands South 55 degrees 18 minutes 10 seconds West, 175.00 feet; 4. RUNNING THENCE, North 34 degrees 41 minutes 50 sccouds West, 345.58 feet to the monument at · the point or place of beginning; RUNNING THENCE from said point of beginnin~ South 34 degrees 41 minutes 50 r, esonds East, 355.58 feet to land now or formerly of Dart; RUNNING THENCE along said lands the following two (2) courses and distance$: I. ~ 55 degrees 18 minutes 10 s~onds West. 50.00 fegt; 2. South 34 deg~es 41 minutes 50 seconds East, 135.7~ feet to land now er form~ly of the MTA (Long Island Rail Road); RLrN'NING THENCE along said lands, South 55 degrees 05 minutes 20 seconds We~ 177.88 feet to land now or formerly ofBaner Farm~, Inc.; RUNNING THENCE along said lands the following lwo (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Bancr Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the sou&erly side of Mkldle Road (C.IL 48); RUNNING THENCE along the southerly side of Middle Road (C.IL 48) North 52 degrees 4.8 mimUe$ 40 seconds East, 406.98 feet to the concrete monument at the point or place df. BEGINNING. APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. .She purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone ~ Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) DO you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5~ of the shares. YES NO ,~ If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person 14-16-2 (2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically 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 in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this E^F (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date PA~'I' 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions wilt be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (Inctude Street Address, Municipality and County) ~ NAME OF ~I~PLICANTISPONSOR ' ' ' ' -- B[.JSINES~ TELEPHONE STATE ZIP CODE I I ~'~ SUSINESS TELEPHONE ( ) STATE ZIP CODE ADDRESS CITY/PO NAME OF OWNER (If dlfferen~ ADDRESS CITY/PO DE~ORIPTION OF AOTION Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [:3Urban []Industrial I'q Forest r-lAgricutture 2. Total acreage of project area: ~ acres. APPROXIMATE ACREAGE LL PRESENTLY AFTER/jCOMPLETION Meadow or Brushland (Non-agricultural) '-I acres '-1 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type), acres acres [Commercial FqOther UIResidential (suburban) ,~ural (non-farm) 3. What is predominant soil type(s) on project site? '"/~'~ "~OIL ~ ~ a'. Soil drainage: XWell drained ~ % of ~,ite ~Moderately well drained % of site []:]Poorly drained % of site b. If any agricultural land is involved~ how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? I,J I~t acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? []:]Yes J~No a. What is depth to bedrock? .!~!~ (in feet) pproxlma e percentage ot proposeo prolect s~ e w s opes % E315% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? DYes .~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? DYes ,]~No 8. What is the depth of the water table? ~0~--~"O~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ,~Yes [~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes ,,~o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes ,J~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological forrnations) DYes XNo Describe 13. Is the project sit~e~oresently used by the community or neighborhood as an open space or recreation area? I-lYes ,~No If yes, explain 14. Does the present si~e include scenic views known to be important to the community? DYes ~l~No 15. Streams within or contiguous to project area: ,~0/1/~~''' a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name 17. Is the site served by~xisting public utilities? t~es []No 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 DNo ~ 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes [~'No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes I~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~'No B. Project Description 1. Physical dimensions and scale of project {fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. P~oject acreage to be developed: ~ acres initially; Ik.J- acres ultimately. c. Project acreage to remain undeve!cjped d. Length of project, in miles: ~111 (If appropriate) k e. If the project is an expansion, indicate percent of e~pansion proposed ~'~ %; f. Number of off-street parking spaces existing ~ ~J¥ ; proposed ~Jl~" . g. Maximum vehicular trips generated per hour ~J! I~' (upon completion of project)? h. If residential. Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions(in feet) of largest proposedstructure kJ~/'~ height; ~/~t;~ width; ~/~J' length. j. Linear feet of frogtage along a public thoroughfare project will occupy is. ~ ft. 3 i 2. How much natural material (i.e., rock,'~earth, etc.)will be removed from the site~ O 3. Will disturbed areas be reclaimed? E]Yes [qNo J~N/A a. If yes, for what intend~, purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? fqYes fqNo c. Will upper subsoil be stockpiled for reclamation? []Yes []No tons/cubic yards 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~/~ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? []Yes XNo 6. If single phase project: Anticipated period of construction ,k//~. months, (including demolition). 7. If muIti-phased: a. Total number of phases anticipated ~/~, f, npmber). r b. Anticipated date of commencement phase 1 ~/,~. month __ year, (including demolition). c. Approximate completion date of final phase II ]Jl~ month _ __ . year. d. Is phase I functionally dependent on subsequent ;~asgs? ~lYes I-INo - 8. Will blasting occur during construction? []Yes ~No 9. Number of iobs generated: during construction ~/~ ; after project is complete 10. Number of jobs eliminated by this project _~/~ . 11. Will project require relocation of any projects or facilities? I-lYes ~o If yes, explain 12. Is surface liquid waste disposal involved? []Yes ~]'No a. If yes, indicate type of waste {sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? []Yes j~o Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain []Yes ,~No 15. 16. 17. 18. 19. 20. 21. Is project or any portion of project located in a 100 year flood plain? [-]Yes Will the project generate solid waste? nyes J~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? I-lYes ~lNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [:]Yes [:]No Will the project involve the disposal of solid waste? [:3Yes a. If yes, what is the anticipated rate of disposal? tons/month. b. I~ yes, what is the anticipated site life? years. Will project use herbicides or pesticides? [:]Yes ~'o Will project routinely produce odors (more than one hour per day)? []Yes Will project produce operating noise exceeding the local ambient noise levels? [:]Yes Will project result in an increase in energy use? fqYes ~'No If ,~es , indicate type(s) 22. If water supply is from wells, indicate pumping capacity I~)~1 23. Tota ant c pated water usage per day I~/,~ gallons/day 24. Does proiect involve Local, State or Federal funding? E3Yes If Yes, explain gallons/minute. Mo 25. Approvals Required: City, Town, Village Board ]~Yes [DNo City, Town, Village Planning Board [~Yes ~No City, Town Zoning Board ~lYes ~No City, County Health Department [DYes ~"No Other Local Agencies [:]Yes ~,No Other Regional Agencies [DYes ~'No State Agencies [DYes ~o Federal Agencies [DYes ~No C. Zoning and Planning Information Type Submittal Date I. Does proposed action involve a planning or zoning If Yes, indicate decision required: Xzoning amendment I-Izoning variance E3special use permit F-lsubdivision Osite plan [:]new/revision of master plan [:]resource management plan E]other 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? Llvllr'F~'~ ~ol/JE'~.~ ~, 1~,~5~,1 t'~E. ArT)/~'L /~Ff~l~J~' 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent~vith the recommended uses in adopted local land use plans? J~es I-1No 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? ii,Yes i-INo 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lYes ~o 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? r'lYes J~o a. If yes, is existing capacity sufficient to handle projected demand? I~Yes I-INo 12. Will the proposed action result in the generation of traffic significantly above present levels? E]Yes . a. If yes, is the existing road network adequate to handle the additional traffic? E]Yes D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse 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. Xpplicant/Spg~or Name , '~Y~l~(,/ ~'"~~ Date If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 Julia Day 337 W. 21st Street, Apt. 5-B New York, N.Y. 10011 Edward Dart P.O. Box 1, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconi¢, New York, approximately 250 feet west of Peconie Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (liB) and Residential (R~40) That by such petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) and Residential~Office (RO) That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same daring regular office hours. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 27, 2002 t~Petit~ner: ~ ~ 825 C lea~lL'~Street "'--,D Southold, New York 11971 By: Scott DeSimone. Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn 3305 Peconic Lane P.O. Box 206, North Rd., Peconic, N.Y. 11958 Julia Day 105 Peconic Lane 337 W. 21st Street, Apt. 5-B, New York, N.Y. 10011 Edward Dart 2935 Peconic Lane P.O. Box 1, Peconic Lane, Peconic, N.Y. 11958 Bauer Farms Inc. 32860 Route 48 Bay Avenue, Cutchogue, N.Y. l 1935 MTA-LIRR -None- Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Mellissa ~imone Sworn to me this 30th day of May, 2002 SCOT[ DESIMONE NOtan/Pubhc. State of New No 5055298 ,.~,~.,.=~.~--- Oualif:ed tn Nes'~at3. Cobnty . Conlmiss~On Expires Februa~ ,5, 200~ "' 120877 158 $C]~DU]L,E A = D~CRI~rlON ALL that certain plot, piec~ or parcel of laud, situato, lying and being at Peconic, in the Town of Som~mt~ of Suffolk and State of New York, bounded and descn~xi as follows: I~....~G at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four (~) camber.atari distanccs from file intersection of the westerly side of Pcconic lame with the northerly side L ~,~-~'~rly 160.96 feet along th~ westerly side of P~onic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side of Peconic Lane to la~d now or fx~m~ly of J~,ti~ Day Leo and Louis~ O. Day; 3. RUNNING THENCE along said lands South 55 degrees 18 minutes 10 seconds We.~ 175.00 feet; 4. RIJNNtNG THENCE, North 34 degrees 41 mimItes 50 ~Collds Wig"t, 345.58 feet to the monument at th~ potut or place of beginning; RIJNNII'*K~ THENCE fi'om said point of be~nning, F~iouth 34 degll~S 41 minutes 50 seconds East, 355.58 feet to land an~ or formerly of Dart; RU/qNING THENCE along said lamls the following two (2) corn and dislances: 1. South 55 degrees 18 minutes 10 .q~coads West, 50.00 feet; 2. South 34 degn~s 41 minutes 50 seconds East, 135.79 feet to land my~v or formerly of the MTA (Long Island Rail Road); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or furmerly of Bauer Farms, Inc.; RUNNING THENCE along said lands thc f~llowing two (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds Wes-'L 163.00 feet; 2. South 55 clegr~s 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 deg,.~es 04 minmes 50 seconds West, 312.39 feet to the southerly side of M/~:II¢ Road (C.t~ 48); RUNNING THENCE along the southerly side of]Middle Road (C.R. 48) North 52 degrees 48 minutes 40 seconds East, 406.98 feet to the c~ncret¢ monument at the point or plac~ 6f. BEGII'q'NING. 7 -- SffOTT DESIMONE AT1XDRNEY AT LAW 41780 ROUTE 25 ~ PECONIC ~ NEW YORK 11958 Phone 631 765353,5 Email TaxCertEsq@aol.com Fax 631 765 5148 RECEIVED Elizabeth A. Neville, Southold Town Clerk Town Hail Main Road Southold, New York 11971 June 2, 2002 RE: Application for change of zone for property located at: s/s Route 48 approx. 155' west of Peconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Ms. Neville: I ~a enclose an originai affidavit of service in connection with the above referenced application previously submitted May 30, 2002. For future reference, please be advised that the Southold Town Code requires only the filing of an affidavit of service as evidence of mailing and does not require the filing of original receipts of mailing, which you are insisting upon. I am however, as a courtesy, enclosing the original certified receipts and three of the return receipts as well. I ask that you sign the enclosed copy of this letter indicating the receipt thereofi Please call me with any questions you may have concerning this submission. Thank you for your courtesy, cooperation and attention to this matter. Very truly yours, Received for filing: Original atT~davit of service of notice (I) Original Postal Service certified receipts (5) Originai Postal Service return receipts (2) Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 Julia Day 337 W. 21st Stxeet, Apt. 5-B New York, N.Y. 10011 Edward Dart P.O. Box 1, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Itamlet Busiuess (ItB) and Residential (R-40) That by such petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Bnsluess (LB) and Residential-Office That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication &such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 1, 2002 (Pet~ioner: D~rrin E. ~\ 825q~rvie,v ~{eet ~ Southol~v..X,~rk 11971 By: Scott DeSimone, Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn Julia Day Edward Dart Bauer Farms Inc. MTA-LIRR 3305 Peconic Lane 105 Peconic Lane 2935 Peconic Lane 32860 Route 48 -None- P.O. Box 206, North Rd., Peconic, N.Y. 11958 337 W. 21st Street, Apt. 5-B, New York, N.Y. 10011 P.O. Box 1, Peconic Lane, Peconic, N.Y. 11958 Bay Avenue, Cutchogue, N.Y. 11935 Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Mellissa J. ~~one Sworn to me this 1st day of June, 2002 ~~'~~ O~ DESIMONE Notary Public. State of New York No. 5055298~.~ e/~.~,~' Qualified In J~¢'CO' Commission Expires Februaq, ALL tha~ cer~n plot, p~ec~ or parcel of land, situate, lying and b~-~ng at Pec~mic, m the T~wn of Sc~that~C~umy of Su~olk and State of New York, bounded and descrt~ed as foUow~: at a monument set on the southerly side of M/ddle Road (C.I~ ~,8) dis-rout the following four 4A-).~a~.arddismuces from the intemection of the westerly side of Peconic Lane with the northerly side Rail Road: L -:a~a~rly 160.96 feet along the westerly side of Peconic Lane; 2. Ninth 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side of Peconic Lane to ]aud now.or f~urrnerly of Julia Day Leo and Louis* O. D_ay, 3. R'UNlqlNG THENCE along sa/d lands South 55 degrees I8 miuutes I0 seconds We~ 175.00 feet: 4..RI_rNNI2qG THENCE, North 34 degrees 41 minutes 50 seconds We~-"t, 345.58 feet to the monument at the pomI or ptace oft~eg/nn/ng; P, UN],rrNO TI-tZNCI5 hnum c:,aid peunt Ol~l:~c~nning, 501Itll 34 d~gl'~$ 41 lllillllt~ 50 ~COlldS ]5a~t, 355.58 ~t to land tlo~' Or formerly of Dart; RUNNING THENCE along said lands the following two (2) com-~-s and distances: I. South 55 degrees 18 minutes I0 seconds West, 50.00 feet; 2. Soulh 34 degrees 41 minutes 50 seconds East, 135.79 feet to land urn* or formerly of the MTA (Long Island Rail Road); R~G THENCE along said lauds, South 55 degrees 05 miuutes 20 s~_o.uds West. I_')'7.88 feel tu land now or formerly of Bauor Farms, [nc.; RUNNING THENCE along said lands the follow[ng two (2) courses ~ud distance: I. North 37 degrees 04. manures 50 secouds West, 163.00 feet; 2. South 55 degrees 05 minute~ 20 seconds West, 158.99 feet to laud now or fon:ue~'ty of Bauer Farms, Lac.; RUNN'RqG TI--13ENCE along said lands, North 37 degrees 04- minutes 50 seconds W0st, 312.39 fe~t to t_be southerly side of Middle Road (C.t~ 45); RUNNING TFIEN~ along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 mira,ms 40 seconds East, 406.98 feet- re'the concrete monument at the point or place 0f, BEG]NN]2qG. SOUTHOLD TOWN BOARD PUBLIC HEARING October 22.20i)2 1:00 P.M. HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOXVN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATIONS OF SCTM #1000-74-4- 14.1 FROM RESIDENTIAL (R-40} AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS {LB} AND RESIDENTIAL OFFICE Present: Superx isor Joshua Y. Hmton Justice Louisa P. Evans Councihnan William D. Moore Councihnan John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN 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# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); NOTICE IS 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 Toxvn Board of the Town of Southold will hold a public hearing on the aforesaid local law at the Mattituck High School, Main Road, Mattituck, New York at 1:00 p.m.~ Tuesda% October 22~ 2002 at which time all interested persons will be given an opportunity to be heard. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000-74-4- 14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, 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 SCTMg 1000-74-4- 14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). I have in front of me an affidavit of publication in the Suffolk Times newspaper, I also have an affidavit of posting by the Town Clerk on the public bulletin board. You have 10 days notification hearing of surround'rog property owners which is required to send out mailings to each of the adjacent property owners, so that they will know and have an opportunity to comment on this petition for a change of zone. We have a letter bom the Suffolk County Planning Commission, who has given us its tO 22 02 2 opinion about tile propu>,cd chaugc. The letter is addrc>,~,cd [o Mr>. klizabcth Ncx lilt. l~,xxn { 'lc~k und it reads a~ lbllows. "Pursuan[ to the requirements of sections A-I414 o~' thc Suftblk Administrative Code. the Suffi~lk Planning Commissinn on September 4. 2002 rexiewcd [hi< application and a[icr duc slue[5 dnd delibenttion, t'c~ohcd tu~ apl)h,,,c thc phj)t~cd R(~ /~,nittg ,Uhl disapprove the proposed LB t'c/ot}ing because of the follcming: I. It constitute> thc unxxantcd t'urthct perpetuation of strip business dexeloping along Middle Road or Route 48. 2. [t would tend to csmbli>h a precedent lbr ~her such down-zonings in the locale along Route 48. 3. It contravene> past actions of the Town Board in diminishing strip commercial zoning throughout thc Rome 4s con-idor. 4. It i, inconsistent with the Town of Southold Route 48 comdor study, which calls tbr the preservation aud eM~ancement of the rural and scenic charactehstics of that roadway. The entire premises should bc rezoned for RO purpose>." Signed Thomas Isles. thc Director of Planning. Suffi}lk L'ountv. F:m~]l) I baxe the Southold ~oxxn Phmning Board rcconnnendati,ms, dat~d Juh' 3i). [t i, n~lher length5 ~,, nla}be we dotl'l uecd to read all ~*~ I]lis. It basically s,tx> n/aux or'thc >amc thin~> tlhtt lilt ( 'ounix <~'. in a lnuch sbo~ter period of time. I have a lot of other docunlentation, a thick pile on all o1' Ihi~. But basically it is an application to change the zone fi'om a residential to a business and R() usc. SUPERVISOR HORTON: We are in the public hearing, this is an opportunity tbr thc public address the Town Board on this specific public hearing. [ see that there is >omconc eager lo d{~ SCOTT DESIMONE, ATTORNEY FOR THE APPLICANT: Good Aaemoou members of the Tow Bo~d, my name is Scott DeSimone an attorney for the applicant, Da~en Skrczec. My offic<s arc located 41780 Main Road. Peconic. I bare presented to the Board (inaudible) so I am just going to summarize to make points and not take too much of your time today. [ xxould however request, [ do have the Route 48 ConSdor study, the whole printed repo~ here· [ would ask that it bc incorporated into the record by record (inaudible) [ would just like to make that a part of the record. Mr. Skrezec acquired this propeay about two years ago, the prope~y is cu~ently zoned R-40, residential 40, phor to his acquisition of this prope~y, pa~ of the Route 48 study, the Town Board visited (inaudible) and took upon themselves to up zone half of the 24 parcels in that area· There were some light industrial pamels that stayed intact although they were recommended to be down-zoned this parcel however, was not addressed in this study tbr some reason. [ don't ~ow why the Plamfing Depaament, why this parcel was not addressed in this study. But in any event, the Planning Board. this original application came beibre you as an application to go to limited business in its entirety. At that time the Planning Bo~d recommended a denial and the Suffolk County Plmming Commissioner recommended a denial we have met with the Board at re~larly scheduled work sessions and discussed that application with th~ ~d it w~ suggested perhaps that we re work our application ~d then brou~t it back in the that it is in today. With that, the Pla~ing Board again at the recommendation of the Suffolk County Pla~ing Commission (inaudible) well, not even six months down the road, where they f~lt that this property was suited for residential use, they now decided that it should be re-zoned, although not to LB but to residential office. So even the planning professionals can't even a~ee at this point as to what the proper zoning should be for this p~cel. If you look at Town Law 263. which ~ides the Town Bo~d in ~y zoning matters, the main thing that the Town Board has to look at is the most appropriate use of the prop~y. ~d that it be in confo~ce with the Town's comprehensive plan· Now, we look at foyer comprehensive pl~ing, you have to look to all the past policies ~d actions that the Town Bo~d has taken previously. I thi~ that the ~mer repo~, being so recent-t~ee ye~s ago, this p~cel being wi~n ~e coMdor ~d that r~on stud~ng all the p~t policies of the Town is an impoa~t record for ~s Bo~d to review ths application. Specifically with respect to ~is p~cel the p~cels to ~e e~t w~e in 1990, zon~ R-40 ~ ~e subject ~d they were zoned (Maudible) provided for a more intensive use. ~at left the resid~tial p~cel adjoining the parcel now that h~ the 10~22 02 3 possibility ot'a more intensixe, thc residential district permits restaurants, it pemfits {inaudible) there could be a very inteusive use on our parcel. To the west of the parcel are industrial, light industrial zones and the Town Board gives no recommendation to change those in 1999 and they weren't changed and thex remained iutact, so what x ou hax e i> a residential parcel complctcl5 qurrounded with more intensive zoning (inaudible) now. we can argue (inaudible) I did provide fi~t' xou a panoramic view of what you would look at, if you were looking at the second story window if that was approved as residential property and while the Planning Board report would like you to thi~ that this property could be developed as residential aud that that view is mitigated because of its depth fi-om the road, that is what you would be looking at fi'om someone's bedroom window. Mr. Skrezecs' busiuess is a landscape design, landscape contract business. With his business, he would have reD' little traffic, few cars coming in thc afternoon, leaving in the morning and coming in thc afternoon and the evening. One of thc most important things that I wonld look at when they amended LB and they mnended RO in lS)90, xxas t,~ permit tin, re intensixe uses that ouly had a xeD' small impact on tral'fic and the small impact on traffic wouldn't change the character of the area. Right behind this gentleman's propet~y (inaudible) what he intends to do with his property, is in keeping with the rest of the prope~y. I would just remind the Board because of the decision of the Suffolk County Plamfing Commission (inaudible). SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? ED SKREZEC: Ed Skrezec, Southold. I am Darren's father, I have worked with Darren for a few years, while he has been trying to set up his business. He has tried and tried to set up h is business as best as he can. He has tried to buy property in Southold Town to accommodate his business. He finally tbund a piece of property that he can afford. This property is surrounded by LIRR, an auto repair shop, and a gas station, which is surrounded by junk. He is trying to establish a business and make a living in Southold Town. My grandson, he wants to work with his father someday and be able to live in Southold Town. I hope that you will grant him pem~ission for this. Thank you. SUPERVISOR HORTON: We are still in the public hearing. We are going to continue on with the public hearing. Would anyone else in the public care to address the Town Board on this public hearing? As a matter of process, I did not mention earlier, I will ask in regard to this public hearing and further on throughout the meeting, that members of the public address the Town Board for no longer than five minutes as a nmnber of people may want to do so. MELANIE NORDEN: Melanie Norden, Greenport. I just have a procedural question. What is the relationship between post public heatings on zoning changes and the moratorium? SUPERVISOR HORTON: The moratorium applies to subdivisions, MELANIE NORDEN: I understand that but in terms of the moratorium process when we are looking at the (inaudible) and zoning, zoning changes. I am not specifically talking about building, I am talking about a process which (inaudible). Are we going to be doing spot zoning changes during this entire process? SUPERVISOR HORTON: Well, to first clarify that. This is not a spot zoning change. This is a zone change application that has been in the Town coffers for over a year and this does not fall under the purview of the moratorium that is currently in place. The moratorium that is currently in place applies to major and minor subdivisions, on residential property. To answer your question, this does not fall within the purview of the moratorium. 1O2202 4 MELANIE NORDEN: Oka>. I hale ant~ther question about thc prt~po~,al, b, it. Irom l~hat I understand from the attorney, the only usc on this property will be Mr. Skrezec's busincs.~? Or arc then' other uses or other businesses that ,.,.'ill be established on the property? SUPER\ iSOR HORTON: Your question is thrcctcd tt~ thc Town Board. MELANIE NORDEN: Oh, okay. That b, my question, than. SUPERVISOR HORTON: The zouc change will. Ihe application doesn't specify one owners specific business. It is to request a change of zone to another zoning categoD that will have allmvable uses pertaining to that. MELANIE NORDEN: Him big i'~thc propclly ? SLIPERVISORHORT()N: 3.-at,cs MELANIE NORDEN: Okay. \Ve are talking about the potential of other business m thc addition the landscaping business, is that correct? SUPERVISOR HORTON: That is a possibility, yes. MELAN[E NORDEN: It is a possibility. Okay. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? This is a public hearing requesting a change of zoning. Yes, you lnay address the Town Board. JOAN EGAN: Just one thing, I have addressed this issue quite some time ago. I notice now that it is only in the Suffolk Times and I thought that we had discussed that it would be in both tbe Suffblk Times and the Traveler Watchman. Inaudible. SUPERVISOR HORTON: Ms. Egan, we will address that and advertise where we are legally required todo. If your questions don't pertain to this specific public hearing... JOAN EGAN: Changes are noted in the newspapers and if you don't get oue, you get the other and it should be done properly. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing'? (No response) We will close the public heating. Southold Town Clerk