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HomeMy WebLinkAboutFeinberg, Randall J 617.21 Appendix E State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft ElS Determination of Significance SEQR Project Number coz-pet.-291 Date November 15, 1988 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (S~ate Environmental Quality Review Act) of the Environmental Conserv'stion Law. The Southold Town Board , as lead agency. has determined that the proposed action (Jescribed below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Change of Zone request for Randall J. Feinberg SEQR Status: Type I Unlisted Description o! Action: Request for a change of zone on applicant's premises from the existing A - Residential - Agricultural to "C" Light Industrial. Location; Hr, clude streel address and the name c, fthemdnicipahu, cc, uq:~ AlocaIic. r map ofapproprla:6 scale is also recommended.) Location at Sound Avenue, Mattituck, Town of Southold, County of .Suffolk. See also attached location map. SEQR Positive Declaration Page 2 Reasons Supporting This Determination: See EAF Parts II & III attached A change of zone for this parcel would result in significant impacts on the environment. ~df as the Part III statement. reveals, the Town would put itself in a position of quln~rability with respect~to the remainder of properties improved with similar agricultural buildings. If the Town wishes to further consider this zoning change, it should cause a generic EIS addressing the above by the applicant. For Fu~herlntormation: Contact Person: Judith T. Terry, Town Clerk ActresS: Southold Town Hall, Main Road, Southold NY Telephone Number: 516/765-1801 11971 Copy of this Notice Sent tc: Comm~ssioqer, Department of Environmantsl Oonservahon, 50 Wolf Road, Alban.~, New York 12233-0%~ A;.,propqat~- Regional Ofhce of the Deparlment of Environrnent-~= Conserva~io,"~Stony Brook, N.Y. Office cf tf3e Cr~ief Executive Officer ol the poiitisa! 5uDdivi$~on i,n winch the. sction will be principally located. ApF, ticar, t (if any) Other involved ag~mcies (if any) Southold Town Board Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Suffolk County Department of Planning Suffolk County Department of Health services Town Clerk's Bulletin Board Part 2--PROJECT IMPACTS AI~D THEIR MAGNITUDE ' ' ~ Responsibility of Lead Agency General Information (Read Carefully} · In completing the form the reviewer should be guided by the question:'Have my responses and determinationS'been reasonable! The reviewer is not expected to be an expert environmental analyst. i · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further.. .... · 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 Ic~g term. short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 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 queshon then check the appropriate box (column I or 2) to indicate the potential size of the ....... j~_act~[~i_m, pact thr~hold~quals o_r e~ceed~ aoY ~:~ampl~'~o~gv)ded, check cq!umr) 2, !!.impact wiU occur b~Jt threshold is lower than example, check column 1. d. If reviewer has doubt about s.ze of the impact then consider the .mpact as potentialb,' large and proceed to PART 3 e. If a potentially large impact checked in column 2 can be m~t~gated by chance(s) in the prolect to a small to moderate impact, also check the Yes box m column 3 A No response md~cates that such a reduction is not possible must be explained m Part 3 IMPACT ON LAND ~,~,'~ll the proposed achon result .n a physical chan~e to the pro~ect ~NC) ~YFS [~amples that ~ould apply to column 2 Any con~ruchon On CODES of 15% or greater. (~5 foot r~se per 100 foot ol lenm[h), or N~here the peneral slopes in the Dro~ect area exceed 10% ~:o~ect siopes exceea ~0~ Con~ruChOn on land whe,e the depth to the water tabh is less than ?. ,!] Iht.re I)e an t,ttr.ct t' . .,y uh.que or unusual land form> round on ibc -,tc~ I~ p . t hit~, dLmt,s, g-,.oJo/~lcaJ tormotlon~-, et(- )~,,~0 ~-~[~ I 2 3. Small to Potenhal Can Impact Be Moderate Large Mitigatec By Impact Impact Project Change .T LE ~-hes ~,o IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15.24.25 of the Environmental Conservation Law. I~CL) DYES Examples 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 utility distribution facilibes through a protected water body. · Construction in a' d~sign-~tecl f're-~hwate~ or-tidal W~(land - · Other impacts: 4 Will proposed action affect any non-protected existing or new body of water? []NO DYES I:xamples that would apply to column 2 · A 10% increase or decrease in the surface area of any 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'INO C1YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Froposed Action requires use of a source of water that does not have approval to serve proposed [prolect) acbon. · Proposed Action requires water suppty from wells with greater than 45 gallons per minute pumping capacity · Construction or operation causing any contamination of a water supply system. · Proposed ~,ct~on will adverse% affect groundwater · L~quid effluent wdl be conves,,-d off the site to facihties v, hich presently do not ex~st or have inadequate capacity. · Propo>ed ^etlon would use water in excess of 20.000 gallons per da~, Will proposed achon alter drainage l;ov, or patterns or ,urtace v,.a T ~'r runoft.~ ~--~NO E~,- ~ples that would apply to Column 2 Pr~ ~,'.>('d Achon ~ould changv I',~od ~a:er flow~ 7 I 2 3 Small to 'Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] i--lyes ['-INo [] [] l-lYes [-INo [] [] []Yes []No - [] - I i - OYes I-ZINo [] [] E]Yes -- ~No [] [] []Yes []No [3 [] []Yes []No [] [] [-]Yes E]No [] [] []'res []No [] [] []'res []No [] [] [~Yes ~ ~ ~e~ ~c, -m r- ~'~'e~ ~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 Subject site is in an ar~ subject to IMPACT ON AIR 7 Will proposed action affect air quality? I~NO I'-iYES Examples that would apply to column 2 · Proposed Action will 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 producing more than 10 million BTU's per hour. "- - Proposed action will altowan 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 Will Proposed Acbon affect any threatened or endangered species~ D~NO DYES Examples that would apply to column 2 · Reduchon of one or more spec,es listed on the New York or Federal list. using the s~te. over or near s,te or found on the site· · Remove' of any portion of a cnt,cal or significant Wildlife habitat · Appl,cation of pesticide or herbicide more than twice a year. other than for ~gt~cultural purposes · 'Other impacts non-end,~ ngt. red s~.c,¢ 5 i IMPACT ON AGRICULTURAL LAND RESOURCES 1 2 Small to Potentiel Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes nNo [] FI DYes []No [] D DYes •No [] I-~ I~Yes DEc [] [] DYes riNG n [] DYes •No [] [] []Yes []No [] [] DYes []No D D ~e~ D.o ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~e~ ~o 8 e' 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 ^gricultutal D~strict, more than 2.5 acres of agricultural land. .... · The proposed action would disrupt or prevent installation of agricultural land management systems le.g, subsurface drain lines, outlet ditches, strmp 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? I~INO nYES ..... (If. necessary, use t_he Viz_ual [AF Addendum in Section 617.21, Appendix B ) Examples that would apply to column 2 · Proposed land uses. or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural · Proposed land uses. or proiect components visible to users of a~.:thebc resources which will eliminate or significantly reduce their er.'m,,ment of the aesthetic qualities of that resource. · PrTlect components that wdl result in the ehmination or significant screemng of scenic wews known to be important to the area. · Other ~mpacts IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 ~, ill Proposed Action ~mpact any site or structure of h~storic, pre- h~stonc or paleontological importance? ~i'NO · Examples that would apply to column 2 · Proposed Action occurring whoU~ or partially within or substant~all'~ IMPACT ON OPEN SPACE AND RECREATION [~amples that ~ould apph to ,:oJumn 2 [~]N,~ ~'f[S I 2 3 Small to Potential Can Impact Be Moderate Large Mitigatec~ By Impact Impact Project Change [] [] r'"lYes []No [] [] []Yes i--INo [] [] [-']Yes E]No i'-I [] []Yes i--INo [] [] ~lYes ]'-]No [] [] []Yes E]No [] [] E3¥es i-:No LNO [] [] DYes ~o [] [] ,~Yes E]No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systemsi' I-1NO []YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods, · Proposed Action will result in major traffic problems. · Other impacts: Potential Indn~wjal u~ may ~r~-~ a significant increase in traffic at a bad location IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energy supply? [~NO []YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipaJity. · Proposed Action will require the creation or extension of an energy ~ransm~ssion or supply system to serve more than SO single or two family res,dentes or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16 Will there he objechonabte odors, noise, or .vibration as a result of the Proposed Action? I~NO CqYES Examples that would apply to column 2 · Blasting v.~thm 1.500 feet of a hospital, school or other sensitive facd~ty · Odurs v..dl occur routinely (more than one hour per day) · Proposed Action wdl produce operating no,se exceeding the local amb,ent noise levels for no~se outs,de of structures - Froposed Action will remove natural barriers that would act as a he,sc screen. · Other impacts' IMPACT ON PUBLIC HEALTH 'iT W,tl Propo~¢.d ~.cBc, r, atiec! pubh( health and safety? ',.~th,n 2.0!)0 leet at a s,I( u'-ed for the d,,,posaJ of sohd or hazardous 10 I 2 3' Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] OYes ["']No [] [] DYes •No [] ~ tSFlYes []No -~ [] []Yes I~-!No [] [] []Yes []No [] [] DYes []No '[] [] []Yes [] ~ ~Yes ~No ~ ~ ~Yes ~No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing community? DNO ~Y£S 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 5%. · The municipal budget for capital expenditures or operating services will 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.) · Prop,~sed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts:. I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes [~No [] [] []Yes ~]No [] [~ []Yes ~]No [] I~] I--lYes [~No [] ~ ~Yes ~No ~ ~ ~Yes ~No D D ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No 19. Is there, or is there likely to be. public controversy related to potential adverse environmental impacts? ~NO I-/YES No'~ as o£ ]-0/28/88 If Any Action In Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency, Part 3 must be prepared if one or more impact(s) is considered to be potentially, large, even if the impact(s) may be mitigated, Instructions DIS£L.>S the to[io~,ng for each impact idenhf,ed in Column 2 of P,~rt 2 11 Part III Randall J. Feinberg Change of Zone ~pact ow Growth and Character of Community or Neiqhborhood: The proposed action will conflict with the officially adopted Master Plan and the proposed zoning for the Town. It will also cause a change in the possible density of land use as well as the permitted allowable uses. An important precedent will be set for future projects of similar nature in the surrounding area. This type of precedent would require a generic environmental impact statement. A precedent would also be set for zone change requests on other sites throughout the Town improved with buildings previously used for agriculture, i.e. barns, potato storage buildings, etc. from existing residential zoning to business zoning (spot zoning). It would lead to pressure from adjacent landowners to request the same type of zoning. Clearly this is not the intent of the existing or proposed zoning or of the Master Plan. Impact on Land The site contains excessive slopes. Industrial Development of the site would require leveling, retaining walls, and significant drainage work all of which may have a significant impact on the environment. Impact on Water The site is located in a major drainage basin. Even low volume, high frequency rain events flood the vicinity. Any intensification of impervious surface in this basin aggravates the flooding situation in this location. Im_p~ct o n_ _ __T_r_ _a_n_s_p o r t a t i o n The site is located at the poorest site distance location on County Road 48 in the entire Town of Southold In addition the road is highly crowned and poorly drained. Headlights temporarily blind drivers rounding the curve, particularly in the evening peak hour during rain events. Just to the east, an intersection with a dirt road complicates this poor traffic location. Adding industrial traffic at this site will severely increase the accident potential in this location. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS ~':/~ ? -,'~ ~..~ OF~CE OF THE TO~ C~RK TO~ OF SO.HOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 November 16, 1988 William O. Moore, Esq. Suite 3, Clause Commons Main Road, P. O. Box 23 Mattituck, New York 11952 Dear Bill: Transmitted herewith is a Positive Declaration of the Southold Town Board with respect to the petition of Randall J. Feinberg for a change of zone, as well as a certified copy of the Board's decision which includes the determination that $2,000.00 deposit shall be paid prior to the scoping session to defray the cost of reviewing the Generic Environmental Impact Statement. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (2) JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 15, 1988: WHEREAS, Randall J. Feinberg has heretofore applied to the Southold Town Board for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property located on the south side of Sound Avenue, Mattituck, New York; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That pursuant to the provisions of Article 8 of the Environmental Conserva- tion Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead agency, does hereby determine that the action proposed is unlisted and is likely to have a significant effect on the environment. 2. That the Town Clerk shall file and circulate such determination as required by the aforementioned law, rules and code. 3. That the Town Clerk immediately notify the applicant, Randall J. Feinberg, of this determination, and further request said applicant to prepare a Generic Environ- mental Impact Statement, all in accordance with said law, rules and code. 4. In accordance with Chapter 44, Section 20 and Part 617 NYCRR, the applicant is required to defray the cost of reviewing the Generic Environmental Impact Statement, which includes a scoping session, therefore, the Town Board determines that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of the scoping session. ~-~dith T. Te~ Southold Town Clerk November 16, 1988 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 15, 1988: RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the petition of Randall J. Feinberg for a change of zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property located on the south side of Sound Avenue, Mattituck, New York. Judith T. Terry ~/ Southold Town Clerk November 16, 1988 617.21 Appendix E State Environmental Quality Review POSITIVE DECLARATION Notice of intent to Prepare a Draft ElS Determination of Significance SEQR Project Number coz-pet.-291 Date November 15, 1988 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conse~ation Law. The Southold Town Board , as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Change of Zone request for Randall J. Feinberg SEQR Status: Type I Unlisted Description of Action: Request for a change of zone on applicant's premises from the existing A - Residential - Agricultural to "C" Light Industrial. Location: HrlClUOe street adOress and the name C,' the municipaht~ ccun',~ A I,ocat,on ma~ of apDrODrlai£ scale Js also recommended.) Location at Sound Avenue, Mattituck, Town of Southold, County of .Suffolk. See also attached location map. SEQR Positive Declaration Page 2 Reasons Supporting This Determination: See EAF Parts II & III attached A change of zone for this parcel would result in significant impacts on the environment. ~_~d, as the Part III statement reveals, the Town would put itself in a position of vulnerability with respect to the remainder of properties improved with similar agricultural buildings. If the Town wishes to further consider this zoning change, it should cause a generic EIS addressing the above by the applicant. For Further Information: Contact Person: Judith T. Terry, Town Clerk AcCres$: Southold Town Hall, Main Road, Southold NY Telephone Number~ 516/765-1801 11971 A Cop). of this Notice ~ent tc: Commls$ie'~er, Department of Environmenta~ Conservation, 50 Wolf Roaa. Alban.~, New York 12233-003~ Approprial6 Regional Oft[ce of the Deparlment of Environrnenta', Conservatio~Stony Brook, N,Y, Ofhce cf thc Chief Executwe Officer of the polibca! subdivision ip which the action will be principally located. Applican; (ii any) O~her involved ag.~ncies (if any) Southold Town Board Southold Town Planning Board Southold Town Building Department Southold Town Board of Appeals Suffolk County Department of Planning Suffolk County Department of Health services Town Clerk's Bulletin Board · , J Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question:'Have my responses and determinations'been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · 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 proiect or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The imp'acts of each prolect, on ~ach site, in each locality, will vary Therefore, the examples are illustrative and have been offered as guidance· They do not constitute an exhaustive hst of impacts and thresholds to answer each question· · 1'he number of examples per question does not indicate the importance of each question · In identifying impacts, consider leith term, short term and cumlative effects. Instructions (Read carefuIIv) a. Answer each of the 19 questions in PART 2. Answer Yes if there wilt be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropnate box (column I or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any examplepr0vlded, check column 2. If impact wilt occur but threshold is lower than example, check coJumn 1. d. If reviewer has doubt about s~ze of the impact then constder the ~mpact as potentialb,' large and proceed to PART 3 e. If a potentiaJh,' large impact checked in column 2 can be mmgated h,,' chanr, e(s) in the prelect to a small to moderate impact, aJso check the Yes box in column 3 A No response nd cate~ that such a reduction ~s not pos~b e Th~s must be explained m Part 3 IMPACT ON LAND W~II the proposed acuon result m a phys,cal chan~e to the project s~te~ ~NC) ~YFS Examples that ~ould apply to coJumn 2 Any construction on slopes of 15% or greater. (15 foot rise De~ 100 foot el lengtH}, or ~shere the peneral ~iopes in the project area exceed 10% ~o~ecg s[o~es exoeed ~0g Con~1~ucDon on land ~he'e the depth to the water tabh- ~s les~ than 3 Tee: e, tu~ n , (hll', dunes, gl~olog~cal tormaho~s, etc ).~,%,0 ~-'~ ES 1 Small Io Moderate Impact 2 3. Potential Can Impact Be Large M~tigatee By Impact Project Change ~ [~Yes ~---No ~ C]','es ----_ ,",o ~es ~yes IMPACT ON WATER 3. Will proposed action affect any water body designated as ptotected~' (Under Articles 15.24.25 of the Environmental Conservation Law. ECL) [~NO E~amples 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 utility distribution facditms through a protected water body. · Construction in a designated freshwatei or tidal wetland · Other impacts* 4 Will proposed achon affect any non-protected existing or new body of water? ~NO C]YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any 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~ P3NO E3YES Examples that would apply to column 2 · Proposed Action will require a discharge permit · Proposed Actton requires use of a source of water that does not have approval to serve proposed (prolect) act,on · Proposed Action reqmres water supply from wells with greater than 45 gallons per minute pumping capacity · Construction or operation causing any contamination of a water supply system · Proposed ~,ctlon will adverse% affect groundwater · L~qu~d effluent wdl be convev,-d off the site to facihties v, hich presenth,, do not ex~st or have inadequate capacity '0 Proposed Action v, ould use water in excess of 20.00() gallons per [:,oduct_~ great~:t th~n 1 lC)0 gallons · Other mpact~ .... ~.,ilJ proposed action alter drainage I;o'~, or palterns or ~urface wa~or runofi~ ~NO Ix,, 1pies that would apply to column J · Pr(~,~>¢.d Action would changt. Hood water flo~ 7 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact impact Project Change [] [] J-lYes F~No [] [] ~]Yes [] [] ~¥es I-INo [] [] •Yes L-INo [] [] •Yes []No [] [] l-lYes [:]No [] [] []Yes []No [] -[] *- -~¥es []No [] [] 1--1Yes J~No [] [] ['~Yes E~No [] [] g--lYes []No ~ [] []Yes []~o [] [] []Yes · Proposed Acbon may'cause substantial erosion. · Proposed Action is incompatible with existin8 drainage patterns · Proposed Action will allow development in a designated floodway. · Other impacts Subject site is in a~ ar~a ~.~m~;~.,~!l¥ su.b~ec~ to flood~n9 IMPACT ON AIR 7. will proposed action affect air quality? ~NO I-WES Examples that would apply to column 2 · Proposed Action will 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. · £/nission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. ~ Proposed action will allow an increase in the amount of land committed to industrial use · Proposed ac:ion will allow an increase in the density of industrial development within existing industrial areas. · Other impacts' IMPACT ON PLANTS AND ANIMALS 8 Will Proposed ^ctmn affect any threatened or endangered spec,es? ~NO Examples that would apply to column 2 · Reduction of one or more spec,es listed on the New York or Federal list. us,ng the sale. over or near s,te or tound on the site · Remove' of any pomon of a crmcal or significant Wildlife habitat · Appl,cation of pesticide or herbicide more than twice a year. other than for ~gricuttural purposes · 'Other impacts non-e'~dangured S p~'c,'L'~~ ~NO that ',,,'ouJd apF,'~ to colum~ 2 IMPACI ON AGRICULTURAL LAND RESOURCES I 2 Small to Potentiel Can Impac~ Be Moclerate Large Mitigated By Impact . Impact Project Change [] [] DYes ['-}NO [] [] F~Yes •No [] ~ DYes ~No D D D~es D Q D~es QNo ~ D gYes gNo ~ D DYe, ~ D DYes I I 8 · Construction activity would excavate or compact the soil profile of asricultural land. · The proposed action would irreversibly convert more than 10 acres of al~ricuhural land or. if located m an Asricultutal D~str~ct, more than 2.5 acres of al~ricultutal land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, stup 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 DYES (if necessary, use the Visual [AF Addendum in Section 617.21, Appendix B ) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural · Proposed land uses. or project components visible to users of ae~thehc resources which will ehmmate or significantly reduce their enmyment of the aesthehc quaht~es of that resource. * Project components that wdl result m the ehmmation or s~snificant screemn8 of scemc wev, s known to be important to the area · Other impacts IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 ~,ill Proposed ^ctton ~mpact any site or structure of histo.c, pre- h~stor~c or paleontolo£~cal ~mportance? ~"NO ~'fES Examples that would apph, to column 2 · Prc.o3sed Action occurrm,q v, hoil~ or partiall,, within or substant~afl,,. IMPAC'f ON OPEN SPACE AND RECREATION 1 ~ ~', ,11 Propo,ed A, hon a]h'c~ th(. quant,tv or quahty ot ex~stmg or future open spaces or r~,trvat~onal opportumbes? [~ampler, that ,..~ould appl,, to '__olumn 2 I~'INO ~YES · ~he permanent for~.'clo~ure ota future recreational opportumt¥ · A major [educhon of an open spact' important to the community I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact impact Project Change [] [] [m~Yes I-lEo [] [] ~Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes E3No 1 IMPACT ON TRANSPORTATION 14 Will there be an effect to existing transportation systems~ •1NO ~YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Achon will result in major traffic problems. a significant increase in traffic at a bad location IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energy supply? [~[NO DYES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in thc municipality. · Proposed Action will require the creation or extension of an energy ~ransmission or supply system to serve more than 50 single or two family residences ot to serve a major commercial or industrial use · Other impacts: NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or .vibration as a result of the Proposed Action; [~NO DYES Examples that would apply to column 2 · Blasting v.,thm 1,500 feet of a hospital, school or other sensitive faohty · Odors v, Hl occur routinely (more than one hour per dayI · Proposed Action will produce operating norse exceeding the local ambient noise levels for no,se outside of structures - Proposed Action will remove natural barriers that would act a~ a noise screen. · Other impacts IMPACT ON PUBLIC HEALTH Proposed Achon alit,er pubhc health a'~d safety; 2.000 teet of a s~t(' u,ed for the d~sposal of sohd or hazardous 10 I 2 3' Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ~lYes []No [] [] []Yes []No [] ~ f~-I Yes []No '~ [] DYes []No [] [] E-lyes ["~ No [] [] []Yes i-]No [] D DYes ~ ~ DYes D ~ DYe~ ~o D D DYes IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing community? DNO I~YES Examples that would applY to column 2 · The permanent population of the city, town or village in which the proiect is located is likely to grow by more than 5%. · The municipal budaet for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals, · Proposed action will cause a chan£e 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 (ag schools, police and fire, etc ) · Prop,~sed Action will set an important precedent for future projects, · Proposed Action will create or eliminate employment · Other impacts: I 2 3 Smalt to Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes f-lno [] [~ []Yes ~]No [] [~ [] Yes [~No [] [D I-lYes [~No ~ ~ DYes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ []Yes ~No 19 Is there, or is there likely to be. public controversy related to potential adverse environmental impacts? R'NO ("lYES Not as of 10/28/88 If Any Action In Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency, Part 3 must be prepared if one or more impact(s) is considered to be potentially lart~e, even if the impact(s) ma~, be mitigated. Instructions D,scu>s tt',~'- to!iov, m~ ~or each ~mpact ~dentif,ed m Column 2 of P,:rt 2' 2 Descr,be f,1 api-;i:cable~ ho~* the tmpact could be m,t,C, ated or reddced to a sma]' to mode,ate ~mpact by p'olect Lhar.¢e.s. (Commue on allachment~) 11 Part III Randall J. Feinberg Change of Zone Impact on Growth and Character of Community or Neighborhood: The proposed action will conflict with the officially adopted Master Plan and the proposed zoning for the Town. It will also cause a change in the possible density of land use as well as the permitted allowable uses. An important precedent will be set for future projects of similar nature in the surrounding area. This type of precedent would require a generic environmental impact statement. A precedent would also be set for zone change requests on other sites throughout the Town improved with buildings previously used for agriculture, i.e. barns, potato storage buildings, etc. from existing residential zoning to business zoning (spot zoning). It would lead to pressure from adjacent landowners to request the same type of zoning. Clearly this is not the intent of the existing or proposed zoning or of the Master Plan. Impact on Land The site contains excessive slopes. Industrial Development of the site would require leveling, retaining walls, and significant drainage work all of which may have a significant impact on the environment. Impact on Water The site is located in a major drainage basin. Even low volume, high frequency rain events flood the vicinity. Any intensification of impervious surface in this basin aggravates the flooding situation in this location. Impact on Transportation The site is located at the poorest site distance location on County Road 48 in the entire Town of Southold In addition the road is highly crowned and poorly drained. Headlights temporarily blind drivers rounding the curve, particularly in the evening peak hour during rain events. Just to the east, an intersection with a dirt road complicates this poor traffic location. Adding industrial traffic at this site will severely increase the accident potential in this location. ¥141 8 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING November 9, 1988 Town Clerk Town of Southold Re: Randall J. Feinberg c/z "A" Res. and Agr. to "C" Light Ind. ~291 Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Cor~nission. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner SZEPATOWSKI ASSOCIATES INC. eNVIRONMENTAL CONSULTANTS S/Il November 7, 1988 Mrs. Judith T. Terry Town Clerk Town of Southold 53~95 Main Road Southold, NY 11971 I OV 10 1988 Re: Change of Zone, Randall J. Feinberg Dear Mrs. Terry: Enclosed is the completed LEAF, Parts II and III for the above mentioned subdivision, as well as, the recommended SEQRA declaration. If you have any questions, please do not hesitate to contact me. Sincerely, SZ EPATOWSKI ASSOCIATES, INC. David J.S.,E~ilit~, AICP Principal l~l-~nner DJSE:mt Enclosure 23 Narragansett Ave. }amestown, RI 02835 (401) 423-0430 617.21 Appendix E State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft ElS Determination of Significance SEQR Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (Slate Environmental Quality Review Act) of the Environmental Conse~ation Law. The Southold Town Board , as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name ot Action: Change of Zone request for Randall J. Feinberg SEQR Status: Type I [] Unlisted r~ Description ot Action: Request for a change of zone on applicant's premises from the existing A - Residential - Agricultural to "C" Light Industrial. Location at Sound Avenue, Mattituck, Town of Southold, County of .Suffolk. See also attached location map. SEQR Positive Declaration Page 2 Reasons Supporting This Determination: See EAF Parts II & III attached A change of zone for this parcel would resul~ in significant impacts on the environment. A~d, as the Part III statement reveals, the Town would put itseif in a position of ~ulnerability with respect to the remainder of properties improved with similar agricultural buildings. If the Town wishes to further consider this zoning change, it should cause a generic EIS addressing the above by the applicant. For Fudherlnformation: Co~act Person; Judith T. Terry, Town Clerk AcCress: Southold Town Hall, Main Road, Southold NY 11971 T~lephone Number: 516/765-1801 ,~, Copy of this Notice $.ent Gomm:?+cqe,, DeD~rtment of Environm.,en~&' Conservat~or,, 50 Wc.l~ Roac. Albany, New York A;pro~q~t~ Rc~ic,~a~ Oft~ce of th5 D~.;,artment of Environments: Consewa~ior, C'~c6 cf t~c C~i~f Executive. Officer o~ the 2olit;c~ 5u~d~'vf~oq ~ which th~ action will be principally O;~,er imvolvef a~Fc~es (if any~ Part )ROJECT IMPACTS AI~D THE~MAGNITUDE ~ Responsibility of Lead Agency General Information (Read Carefully] · In completing the form the reviewer shouid be guided by the question:'Have my responses and determinations-beer reasonable? The reviewer is not expected to be an expert environmental analyst· · Idenufying that an impact will be potentially large (column 2) does not mean that it is also nei:essarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identdying an impact in column 2 simpl,, asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold ol 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 im[~acts~f e~ch ptolect, on ~ach site, in each locality, will vary. Therefore. the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive hst of ~mpacts and thresholds to answer each question · The number of examples per question does not indicate the importance of each question · In identifying impacts, consider Jolpg term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 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 pros'~ded check column 2. Il: impact ~!ill occur but threshold is lower than example· check column 1. d. If revie~er has doubt about s~ze of the impact then consider the m~pact as potentially large and proceed to P~RT 3 e. If a potentially large ~mpact checked in column 2 can be m~t~L'ated bs' chance(s) in the prolect to a small to n~oderate impact, also check the Yes box m column 3. A No response ~ndzca:es that such a reduction ~s not pos~bie Thfs must be explained ~n Part 3 It,~PACT ON LAND WHlthepropo',,edact~onre~uJt~naphys~caJci~anqetoth,,prol,_,cts~te~ ~NC) ~F5 [xamples that ,.~ould apl:j¥ to column 2. · An~ con,truth,on on ~lopes of 15% or greater. [15 foot rise Der foot ol length), or ~hete the 8eneral slopes in the ~rolect ar,~a exceed 10% ~:ojeo~ sZoges exoee~ Z0~ 1 Small to Moderate Impact 2 3. Potent*al Can tm2ast Be Impa:t Project ChanGe ~ ~'e~ :.',o ~ Z~, Z'._ ~¥es 6 IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Arhcles 15, 24.25 of the Environmental Conservation Law, ECL) [~NO [~YE$ Examples that would apply to cotumn 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 utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal Wetland · Other impacts: 4 Will proposed acbon affect any non-protected exi'sting or new body of water? ~NO ~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any 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 quanBty;' J~NO [~Y£S Examples that would apply to column 2 · Proposed Actio~ will require a discharge permit · Proposed Action requires use of a source of water that does not have approval to serve proposed (prolect) action. · Proposed Action reclu~res ~,ater supply from we[is with greater than 45 gallons per minute pumping capacity · Construction or operation causing any contammahon of a water supply system. · Proposed ~.ction wile adverse'~ affect ground~ater. · Liquid effluent wdl be convex.,-d off the s;te to facihties ~,h,ch presently do not ex~st or have inadecluate capacity ', Proposed ACtlOq would use water in excess et 20000 gallons per :'o~u,cts g,6-al.~r then ~ 100 gi, J]ons v, a r~,r runott ~ ,~NO ~'~[S Ix,- '~ples that would app',v ~o column 2 7 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] r'-iYes [-qNo [] [] oyes i'-INo [] [] OYes Oho O O J-lYes r-lNo [] [] rqYes []No [] [] E]Yes r-INo [] [] []Yes l--INo -'-I~ .... [] - -[3Yes .ONo [] iD OYes l--lNo [] [] []Yes []No [] [] rqYes r-INo [] [] []Yes [],~o r~ [] []Yes ~'~o [] O rqYes []No r~ U [-','es 7 2 ~es '-Nc, · Proposed Action may-cause substantial erosion · Proposed Action is incompatible with existin8 drainase patterns · Proposed Action will allow development in a designated floodway. · Other impacts' Subject site is in an ar~-a subject to IMPACT ON AIR 7 Will proposed action affect air quality? I~NO r-iy[s Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any ~iven hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. ,,, P,oposed action will altowan increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development w~thin existing industrial areas. · Other impacts' IMPACT ON PLANTS AND ANIMALS WilI Proposed Acbon affect any threatened or endangered species;' [~NO Examples that would apply to column 2 · Reduction of on<: or more spec,es listed on the New York or Federal hst. using the site. over or near s~te or found on the site · £emov~' of an,,. portion of a crltlcat or significant %vildlife habitat · Apphcation of pesticide or herbicide more than twice a year. other than for -~gr~cultura[ purposes · 'Other impacts non e,',dang,..red IMPACT ON AGRICULTURAL LAND RESOURCES 1 Small to Moderate Impact [] [] [] [3 [] [] [] 2 3 · Potentiet Can Impact Be Large Mitigated By Impact Project Change [] I-lYes r-]No [] I--lYes []No r-f []Yes r']No [] ~]Yes []No [] I-lYes rqNo [] []Yes ,t-]No [] []Yes []No [] []Yes []No [] ~3Yes D~o [] DYes •No [] [--]Yes ['-]No [] []Yes []NO [] []Yes I~No ~ r~Yes r~No ~ ~e_~ ~',o · Construction acbvity 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 ~n an Agricultural 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 hnes, outlet ditches, strip cropping), or create a need for such measures (e.g. cause a farm fmld to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? IRINO r~YES (if necessary, use the Visual EAF Addendum in Section 617.21, Appendix B } Examples that would apply to column 2 · Proposed land uses, or proiect components obviously different from or in sharp contrast to current surrounding land use patterns, whether · Proposed land uses. or prolect components visible to users of a,-thet~c resources which w,ll ehmmate or significantly reduce their e= m, ment of the aesthetic qualities of that resource · Pr lect components that wdl result m the ehmmat~on or sJ§nificant screening of scemc wews known to be important to the area · Other impacts IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 ~,~,ill Propcsed Action impact any site or structure of h~stor~c, pre- h~stor~c or paleontological ,mportance? ~]},/O r-'YES Examples that would apply to column 2 · PrcDDse~ Action occurring ~holl~ or partially within or substantJal]~ IMPAC'[ ON OPEN SPACE AND RECREATION [~ample5 th,~t '~'.okJ[d ,1;;p['~ tO COJ~n~n 2 ~NO ~Y[S 9 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigatecl By Impact Impact Project Change r-i [] []Yes [-1No [] [] []yes r']No [] [] []Yes ['-I NO [] [] []Yes •No [] [] []Yes •No [] [] ['qYes []No [] [] []Yes I-:No i I IMPACT ON TRANSPORTATION 14 Wdl there be an effect to existing transportahon systems? ENO I~YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods· · Proposed Actton will result in maior traffic problems· · Other impacts: Potential Ind~trial u~e~ may ~ a significant increase in traffic at a bad location IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energy supply? [~NO l-lYES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of an'.' form of energy in the municipality. · P~oposed Action ~,ill require the creation or extension of an energy · transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use · Other impacts NOISE AND ODOR IMPACTS 16 Will there be obiechonable odors, noise, or .vibrat,on as a result of the Proposed Action? ~NO ~YE5 E~amples that would apply to column 2 · Biastm~ v.~thm 1.500 feet of a hospital, school or other sensitive · Odor; v.d] occur routinely [more than one hour per day) · Proposed Action will produce operating no~se exceed~nE, the local ,, Proposed Action will remove natural harriers that would act as a · Other impacts IMPACT ON PUBLIC HEALTH I 2 3' Sm~ll to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] F'-lYes I--~No [] [] []Yes []No [] r~ ~Yes ~No '~ [] DYes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No 10 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Will proposed action affect the character of the existing community? [~NO ~YES Examples that would apply to column 2 · The oermanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · 'rhe muniopal budget for capital expenditures or operating services will ~ncrease by more than 5% per year as a result of this project. · Proposed acuon 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 aruas of historic importance to the community. · Development will create a demand for additional community services {e.g. schools, police and fire, etc.) · Propnsed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ['-]Yes J-qNo [] [] I-'lYes []No [] [~ []Yes J~]No [] l~ l-lyes ~No g ~ ~Yes gNo ~ ~ ~Yes ~No ~ ~ ~Yes 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? .~,NO I-WES Not as of 10/28/88 If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Pad 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agenc~ Part 3 must be prepared if one or more impact(s) is considered lo be potentlall~, large, even if the impactis) ma,~ be miligated. Instructions 11 Part III Randall J. Feinberg Change of Zone ~_pact on Growth and Character of Communit~_p_L_N~iqhborhood: The proposed action will conflict with the officially adopted Master Plan and the proposed zoning for the Town. It will also cause a change in the possible density of land use as well as the permitted allowable uses. An important precedent will be set for future projects of similar nature in the surrounding area. This type of precedent Would require a generic environmental impact statement. A precedent would also be set for zone change requests on other sites throughout the Town improved with buildings previously used for agriculture, i.e. barns, potato storage buildings, etc. from existing residential zoning to business zoning (spot zoning). It would lead to pressure from adjacent landowners to request the same type of zoning. Clearly this is not the intent of the existing or proposed zoning or of the Master Plan. Impact on Land The site contains excessive slopes. Industrial Development of the site would require leveling, retaining walls, and significant drainage work all of which may have a significant impact on the environment. Impact on Water The site is located in a major drainage basin. Even low volume, high frequency rain events flood the vicinity. Any intensification of impervious surface in this basin aggravates the flooding situation in this location. The site is located at the poorest site distance location on County Road 48 in the entire Town of Southold In addition the road is highly crowned and poorly drained. Headlights temporarily blind drivers rounding the curve, particularly in the evening peak hour during rain events. Just to the east, an intersection with a dirt road complicates this poor traffic location. Adding industrial traffic at this site will severely increase the accident potential in this location. JUDITH T. TERRY OFFICE OF THE TOWN CLERK · TOWN OF SOUTHOLD Town Halh 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-180l Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: X New Zoning Ordinance Amendment of Zoning Cod~ Amendment of Zoning Map (Change of Zone) Location of affected land: south side Sound Avenue, Mattituck. New York Suffolk County Tax Map No.: Within 500 feet of: X 1000-121-03-06 The boundary of any village or town The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of:. Nuclear power plant. Airport COMMENTS: Recommentation of Southold Town Planning Board is attached hereto. Date: November 1, 1988 Judith T. Terry~ Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 ~ NOV 1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Judith Terry Town Clerk Southold, NY 11971 RE: Proposed change of zone of Randall Feinberg SCTM #1000-121-3-6 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, October 31, 1988. RESOLVED that the Southold Town Planning Board reco~end to the Town Board that this proposal for a change of zone from "A" Residential to "C" Light Industrial located on the south side of Sound Avenue, Mattituck be denied for the following reasons: The applicant's claim that the existing buildings on the property are not suitable or capable of any permitted use under the present zoning code has not been supported by documentation. The zoning code provides for several uses other than single family residential dwellings. For example: Section 100-30.B. provides for certain uses by Special Exception; some of which may be applicable to this property. The applicant has not shown that he has tried to pursue any of these options. Therefore, it cannot be assumed that the property is unusable under the current zoning. The surrounding zoning in the area is A-Residential. To rezone this piece only for the express purpose of benefiting said property owner would be spot zoning, which is illegal. The introduction of industrial uses on a heavily travelled, poorly designed stretch of road that is slated to be impacted by numerous developments is not responsible. If you have any questions, please do not hesitate to contact this office. Very truly yours, CHAIRMAN jt JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 October 20, 1988 William D. Moore, Esq. Suite 3, Clause Commons Main Road, P. O. Box 23 Mattituck, New York 11952 Re: Randall J. Feinberg Change of Zone Petition Oear Bill: In accordance with Chapter 44, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Planner David Emilita to review the Long Environmental Assessment Form submitted by you with respect to the petition of Randall J. Feinberg for a change of zone. The cost of this review is $210.00 and must be paid prior to Mr. Emilita commencing his work. Please send a check in the amount of $210.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with process- ing this petition. Thank you. RANDALL'S AUTO COLLISION, INC. DAVID WHITE'S LANE NY 11968 { SOUTHAMPTON, PAY TO THE ~ ORDER OF 6425 THE [~RIDGEHAMPTON NATIONAL J~ANK ':O i~ JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 October 20, 1988 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of Randall J. Feinberg requesting a change of zone from "A" Residential and Agricultural Oistrict to "C" Light Industrial District on certain property located on the south side of Sound Avenue, Mattituck. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit the same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachments JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 October 20, 1988 David J. S. Emilita, AICP Principal Planner Szepatowski Associates Inc. 23 Narragansett Avenue Jamestown, Rhode Island 02835 Dear Oave: The Southold Town Board, at their regular meeting held on October 18, 1988, adopted a resolution requesting you to conduct a SEQR review of the Long Environmental Assessment Form with respect to the petition of Randall J. Feinberg for a change of zone, at the agreed cost not to exceed $210.00. Petition and pertinent maps, etc. are enclosed herewith. Very truly yours, Southold Town Clerk Enclosures JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 18, 1988: WHEREAS, a petition has been received from Randall J. Feinberg requesting a change of zone on certain property located on the south side of Sound Avenue, Mattituck, from "A" Residential and Agricultural Oistrict to "C" Light Industrial District; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Oepartment of Planning, all in accordance with the Southoid Town Code and the Suffolk County Charter. Judith T. Terry (./ Southold Town Clerk October 19, 1988 JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 18, 1988: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Planner David Emilita, at a cost not to exceed $210.00, to review the Long Environmental Assessment Form with respect to the petition of Randall J. Feinberg for a change of zone; said review to include applicant's part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. ~Judith T. Terry ('/ Southold Town Clerkv October 19, 1988 CAS~. r~O: ..~. ............ STATE: OF NIg%V YORK ToWN OF SOUTHOLD OCT, 6 1968 PETITION ~/ IN THE. BIATTER OF TH~ PETITION OF FOR A CItANGE, MODIFICATION OR AMENDMENI' OF THE BUILDING ZONE ORDLN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLI( COUNTY, NEW YORK. TO THE TOWN BOARD OF TH]~ TOWN OF SOUTIqOLD: l. I, ....Ran. dalJ...~.L....Ee~/.~b.~rg ................ , residing at (Lnsert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at and more particularly bounded and described as follows: See Attached Schedule A 2. ! 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 ihe Building Zone Maps heretofore made a part thereof, as follows: To change the zgning on the sub~ec.t property from the current "~" Re.~ide~ti'a'l' Agricultural to "C" Light Industrial SCHEDULE A 121.00 03.00 006.000 ALI- that cerlain plot, piece or parcel oi land, with the buildings and in,provcments thereon erected, situate, lylngnndbeinglJ~x at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a concrete monument set on the southwesterly line of Sound Avenue at a point marking the northwest corner of the lands herein described and the northeast corner of lands of Prins; and RUNNING THENCE from said point of beginning along the southwesterly line of Sound Avenue, South 72 degrees 49 minutes 20 seconds East 157.00 feet to a monument; , RUNNING TtlENCE along lands of Unkelbach the following three (3) courses and distances~ (1) South 17 degrees 10 minutes 40 seconds West 24.50 feet to a monument; (2) South 10 degrees 22 minutes 00 seconds East 330.06 feet to a monument, and (3) South 69 degrees 17 minutes 20 seconds West 275.62 feet to a monument set on the easterly line of lands of Prins; RUNNING THENCE along said lands now or formerly of Prins the follow- ing two (2) courses and distances: {1) North 9 degrees 13 minutes 30 seconds West 192.00 feet to a monument; and (2) North 15 degrees 57 minutes 10 seconds East 314.53 feet to a monument set on the southwesterly line of Sound Avenue at'the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as were conveyed to HAROLD FEINBERG by deed of WILLIAM UNKELBACH, dated July 2, 1963 and recorded July 2, 1963 in LIBER 5372 c~'436 in %he Suffolk County Clerk's Office. Such request is made for the following' reasons: The property as presently improved with four (4) frame buildings are not suitable or capable of any permitted use under the present zoning. The property is ideally improved for use by small businesses in the Town of Southold in need of space for operation and storage of business equipment and materials. As presently zoned the petitioner is unable to make a reasonable return upon his property from any permitted use in the present zoning district as the property is already improved. STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ....R.a~daL1. J...Ee. inher, g ................. BEING DULY S\VORN, deposes and says that lie is the petitioner in the within actiou; that he has read the foreg.oing Petition and knows the contents thereof; that the same is true to his (her) own knowledg.e, except as to the matters therein stated to be alleged ou information and belief, and that as to those matters he believes il: to be true. Sworn to before me day of .............. Notary Public. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK STATE OF NEW YORK Petition for Amendment of Zoning Map, RANDALL J.FEINBERG Petitioner Pursuant to Southold Town Code section 100-150 MEMORANDUM IN SUPPORT OF PETITION OF RANDALL J. FEINBERG This memorandum is written in support of the petition of Randall J. Feinberg for a change in the $outhold Town Zoning Map affecting certain property owned by Mr. Feinberg from the present Agricultural - Residential zoning district to the C Light Industrial zoning district. This memorandum is incorporated by reference and is to be made a part of the petition of Mr. Feinberg dated May 18,1988. Mr. Feinberg is the owner of real property located at Sound Avenue, Mattituck, New York with the Suffolk County Tax Map # 1000-121-03-06. (See survey accompanying application) The property consists of approximately 2.2 acres and is presently improved by four (4) frame buildings. The property is not improved for nor has it ever been used for residential purposes. Present Zoning and Existing Land Use Mr. Feinberg's property is presently zoned "A-R" (Agricultural - Residential) as are the properties immediately surrounding his property. The subject property is improved with four frame buildings which, in the past, were used as a potato grading facility. The property has not been used in this manner in many years. Presently, three of the buildings lie vacant with the building nearest to Sound Avenue being used for storage by a building tradesman including a small office for his business operations. This office exists as a pre-existing use on the property as a carryover from the days the potato grading facility had its office located in the building. The property to the west is improved and used as a horse farm and riding school. The property to the south is improved with a commercial greenhouse. To the east lies a 50 foot wide right of way and further to the east lies a single family residence. Across Sound Avenue to the north are two single family residences one of which also includes an antique shop. The balance of the property to the north in the immediate vicinity of the subject property lies vacant. Mr. Feinberg's property is located a short distance west of Suffolk County Route 48 which is four lanes wide. The property at this location is presently zoned "General Business" "B-l". In addition, a retail shopping area is slated for development at the intersection of Cox Neck Road and Route 48. Proposed Master Plan The proposed master plan and zoning regulations presently under consideration by the $outhold Town Board would retain the present zoning on Mr. Feinberg's property by designating it "R- 80" "Residential Low Density District (Two acre minimum)" The only physically possible use to which the property could be put as it presently exists under the proposed new zoning regulations would be as a barn, storage building, greenhouse or other related facility. (See Proposed Zoning Regulations section 100- 31(A)(2)(c). The existing buildings preclude the use of the property for greenhouses or other related facilities. Barns and storage facilities alone provide no reasonable use or return on the property. For the property to be used solely as a storage facility suggests that a princpal occupation or use which needs additional storage facilities exists on another piece of property; this is not the case. Property Needs of Local Building Contractors and Tradesmen At the present time, building contractors and tradesmen who constitute a significant portion of the local work force have few if any locations from which to legitimately operate their businesses. In fact, recent publicity in the local newspapers has shown that many contractors operate their businesses from their homes in violation of the existing zoning regulations. Under the present zoning, building contractor's yards and wholesale storage and warehousing are permitted only in the C Light Industrial zoning district. However, there is only a small amount of property in the Town of Southold designated C Light Industrial and this amount is clearly insufficient to accomodate the number of local tradesmen, their trucks, vans, equipment and storage needs. It is little wonder, therefore, that many of these tradesmen and contractors are working from their homes. Both the existing "A-R" and the proposed "R-80" zoning district for the subject property do not address the existing improvements to Mr. Feinberg's property and the very fact that none of the permitted uses of the property under the zoning ordinance can be implemented on the property in any reasonable manner. Simply stated, the property as improved is not suitable for the existing or proposed zoning it bears. The requested change of zone to C Light Industrial reflects the existing improvements on the property and the only reasonable uses to which they can be placed. The change would provide needed space and facilities for local builders and tradesmen to conduct their businesses legitimately. The property is located in such an area that the proposed use of the property will not adversely affect surrounding properties. Therefore, the applicant respectfuly requests that you re-zone the subject property to C Light Industrial to permit the operation of business by local contractors, builders, and tradesmen on the property. Moore & Moore Attorneys for Petitioner Suite 3 Clause Commons Main Road P.O. Box 23 Mattituck, NY 11952 TO~?N OF SOUTIIOLD £AF c<~M ~'pART ! ~OTICE: This docure?t ~' oes,¢ned ts assist in determininO whether the action p~o~osed effect on C~e ei~vlrC*,~nt. P~ease comc lete the entire D&ta Sheet. Answers to as oart of the a~ol~zatlon for approval and m~y be sub3ect to further verification and .public review, prow *ny add,tinny) ~n~or~at~on you believe will be neede¢ to co~olete PARTS 2 and 3. )t ES ex~e¢~ea lnat cc~)~ti~n o¢ the EAF will be deoendent on information currently available and will not Randall J. Feinberg NA~E AND ADGPESS OF AWNER (If ~ifferent] z AGO~ESS ~NO NA~tE OF APPLICANT: (Street; Randall J. Feinber~ {ha~; BUCCi:SS PI40.'tE: Mattituck, New York 11952 (~.0.) - _ (State; DE.~£qIPTICN O~ PaOJECT: (Briefly describe type of project or action) Change of' Zone from A-R to ~.on SCTM# 1000-121-03-06 (State) (PLEASE CC~PLETE EACH QUESTIA~ I Indicate N.A. if not applicable} SITE DESCRIPTION (physical settin~ of overall project, both develoned and undevelooeU areas) .. ~. Present land use: Uronn , Industrial , Co~nercial , Suburban , Rural ., Fores Total acreage of oroject area: Aooroxtmate acreage: Headow O~ Brushland Forested la, Z~ nr c.C.L.) Presently After Commie:ion acres acres dater 5urfJce Area e~rtn or fill) OCher (indlcJte ty-e) acres acres ~.2_acres 2.2 A~proxir~te percentage of proposed Project Site with slooeS: O-lQ: .~; 19-1~ ] ~0 ~; IS: or greater ~. ls pro~ect contiguous to, or contain a butldtn0 or $tt~ listed on the National ~egister of H~storic Places? Yes ~.~NO ll. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunesjother geological formations - . Yes . X Ho. (Describe 12. Is the project site presently used by the cor~nunity or neighbornood as an open space or recreation area - Yes X No. 13. 0oas the present site offer or Inc)ude Scenic views or vistas known to be important tO the community? Yes × No 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, Vetland areas within or contiguous to project area: a. Name : b. Size (in acres) 16. What is the dominant land use and zoning classification within a l/4 mile radius of the project {e.g. single family residential, R-2) and the scale of development (e.g. 2 story). -~ - R Agricultural - Residential B. PROJECT DESCRIPTION l. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 2. 2 acres. b. Project acreage developed: 2. 2. acres initially;2' 2 acres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: (if appropriate) e. If project is an expansion of existing, indicate percent of.expansion proposed: age : developed acreage ' undetermined Number of off-strut parking spaces existino : proposed g. Maximum vehicular trios generated per hour est. 5 h. If residential: Number and type of housinq units: Multiple Family (upon c~pletion of project) ~ne Family Two Family Initial neighborhood n/a building square foot- -3- much nacur~l material (i.e. rock, earth, etc,) w111 be removed fro~ the site - 0 tons demolition) - d. Is phase ) financially dependent on subseouent phases? 8. Will b)asting occur during construction? .m~Yes X g. Number of Jobs generated: during construction D/a; after project is complete 10. Nu~er of jobs eliminated by this project .. 0 Il. ~ill project require re)Dca:ion of any projects or facilities? Yes X 3. How ean¥ acres of veqetation (trees, Shrubs. ground covers) ~ill be recapped fro~ site - 0 acres. 4. Will any mature forest {over 100 years old) or other 1OCdlly-important vegetation be removed by tn~s 5. Are ther~ any Plans for re-vegetation to replace that re~ved during construction? ~a ~es 6. If single phase project: Anticipated Period of COnstruction ~/amonthS, (in~ludinq demolition). b. Anticipated d~te of co~encement phase I . month .. ~ear (inCluding Yes _ ?o 1Z. a. )s surface or subsurface )tqutd waste disposal involved? _~Yes × ~o.' b. If yes, indicate type of waste (sewage, industrial, etc.) c. -)f surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes~ponds, streams, bays or other surface wate~ays be increased or decreased by proposal? . Yes -~ 14. Is project or any portion of project located in the 100 year flood plain? . Yes × NO 15. a. Does Project involve disposal of solid waste? Yes ~..No b. If yes. will an existing solid waste disQosal facility be useq? . Yes c. If yes. give name: : location d. !1'il1 any wastes not go into a sewage disposal system~r into a sanitary landfill? _~Yes Will project use herbicides or Pesticides? Yes X No Will project routinely produce odors (~ore than one hour Per day)? Yes X NO ~il) project prOduce operating noise exceeding the local ambience noise levels? ~YeS × No Will project result in an increase in energy use? Yes .~ ~.~o. If yes, indicate type(s) 15. 17. 18. lg. 20. Z1. 22. gals/m~nute. A-h Agricultural-Residentitl__ . same no a, Is any Federal permit required? Yes ~ NO b, ODes project involve State or Federal funding or financing? c. Local and Regional approvals: Approval Required (Yes, No) (Type) x Yes Submittal (Date} (Date) City. Town. Village Board City, Town, Village Planning Board City. Town. Zoning Board City. County Heal th Department Other local agencies Other regional agencies State Agencies Federal Agencies Y zone change Planning Comr5. IX FOR~.AT I ONAL DETAILS Attach any additional information as may be needed to clarify your project, if there are or may be any adverse impacts associated with the I)roaolr~olease~discuss such impacts and the ~asureS which can be FREPARER'S SI~ATUR[: . _ TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of RANDALL J FEINBERG to the Toxvn Board of the Town of 5outhold. TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to requesta CHANGE OF ZONE FROM:"A" Residential A~ricultural ~n "C" Light Industrial 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasf011ows: South Side of Sound Avenue. Mat~tuc. k N~w Ynrk Suffolk Countv Tax MaD ~1000-121-03-06 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential AGricultural 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "C" T.{ r~h~- Tndustrial 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: Petiti~n~/~/Wi-lliaJD. Moore Esq. Post Office Addres{: Moore & Moore Main Road & Love Lane Clause Commons Bldg. Box 23, Mattltuck N.Y.11952 NAME PROOF OF MAILING OF NOTICE ADDRESS 1000-121-03-7 Peconic Homes Corp. P.O. Box 1442, Mattituk N.Y. 11952 1000-121-03-5.1,5.2,5.3,5.4 Eugene F. Davidson & Wf. Rd. 1 Box 248, Mattituck N.Y. 11952 P 012 608 271 RECEIPT FOR CERTIFIED MAIL STATE OFNEWYORK : COUNTY OFSUFFOLK: SS.; P 012 608 272 RECEIPT FOR CERTIFIED MAlt mail. , being duly swo'rn, deposes arid says that on the ~ d~ of ~3:)~"~i~/~ ,19 ~'[' , deponent mailed a true copy of the Notice set forth on the reverse 5]de hereof, directed to each of the abov. -named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of $outho[d; that said Notices were mailed at the United States Post Office at ; that said Notices were mailed to each of said persons by (certified) Sworn to me this ~ day of, ,~,. ' " ~ ''~ No[ary Public UNDA J. COOPER WILLIAM D. MOORE PATRICIA C. MOORE Judith T. Terry Southold Town Clerk Town Hall Southold, NY 11971 MOORE & MOORE SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. BOX 23 MATTITUCK, NEW YORK I 1952 October 6, 1988 Re:Feinberg, Randall J. Petition for Zone change SCTM ~ 1000-121-03-06 Dear Mrs. Terry: Enclosed please find the following with respect to an application for a change of zone on property located in Mattituck which is owned by Mr. Feinberg: 1. Petition for zone change (in triplicate) with supporting memorandum. 2. Survey of subject property (6 copies) 3. Our firm's check in the sum of $500 payable to your order as Town Clerk. 4. Long environmental assessment form 5. Notice to adjoining property owners with receipts of certified mailing Please advise us if you require anything further. Thank yo~. Encl. cc: Randall J. Feinberg cass r,o...~.~ ............ ST,~TE C~' ~"-W YO,X TOWN OF SOUTHOLD RECEIVED OCT, 6 1988 PETITION IN THE. MATTER OF TI-IE PETITION OF FOR A Cit~kNGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDLN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NE%V YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: l. Z, ....Randal.]....d....F. eJ. nb~Jc.q ................ , residing at (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at and more particularly bounded and described as follo~vs: See Attached Schedule A 2. ! do hereby petition the Town Board of the Towu of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To change the z?nincj on the subjec.t property from the current "/~." Re.~ide~ti'a'l' Agricultural to "C" Light Industrial 121.00 03.00 006.000 ~ot ".'" ' ' SCHEDULE A ALI. that certain plot, piece or parcel o[ land, wl~ ~e buildings and improvcnlent~ thereon erected, situmle, llylngnndbclngi'~'l~'x at Mattituck, in the Town of Southold, County of !Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a concrete monument set on the southwesterly line of Sound Avenue at a point marking the northwest corner of the lands herein described and the northeast corner of lands of Prins; and RUNNING THENCE from said point of beginning along the southwesterly line of Sound Avenue, South 72 degrees 49 minutes 20 seconds East 157.00 feet to a monument; , RUNNING TIIENCE along lands of Unkelbach the following three (3) courses and distances: (1) South 17 degrees 10 minutes 40 seconds West 24.50 feet to a monument; (2) South 10 degrees 22 minutes 00 seconds East 330.06 feet to a monument, and (3} South 69 degrees 17 minutes 20 seconds West 275.62 feet to a monument set on the easterlY line of lands of Prins; RUNNING THENCE along said lands now or formerly of Prins the follow- ing two (2) courses and distances: {1) North 9 degrees 13 minutes 30 seconds West 192.00 feet to a monument; and (2) North 15 degrees 57 minutes 10 seconds East 314.53 feet to a monument set on the southwesterly line of Sound Avenue at'the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as were conveved to HAROLD FEINBERG by deed of WILLIAM UNKELBACH, dated July'2, 1963 and recorded July 2, 1963 in LIBER 5372 cp'436 in the Suffolk County Clerk's Office. 3. Such request is made for the following reasons: The property as presently improved with four (4) frame buildings are not suitable or capable of any permitted use under the present zoning. The property is ideally improved for use by small businesses in the Town of Southold in need of space for operation and storage of business equipment and materials. As presently zoned the petitioner is unable to make a reasonable return upon his property from any permitted use in the present zoning district as the property is already improved. STATE OF NE\V YORK, ) ) SS:- COUNTY OF SUFFOLK. ) · o..R~nJa]l. ~I...Ea/nher. g ................ , BEING DULl' S%VOR>,', 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 (her) own knowledge, except as to the matters therein stated to be alleged on informatlcn and belief, and that as to those matters he believes it to be true. Sworn to before me this .....] ~.'t'.~. da)' of ..~%. .............. 19 .... ~'j' .............. Notary Public. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK STATE OF NEW YORK Petition for Amendment of Zoning Map, RANDALL J.FEINBERG Petitioner Pursuant to Southold Town Code section 100-150 MEMORANDUM IN SUPPORT OF PETITION OF RANDALL J. FEINBERG This memorandum is written in support of the petition of Randall J. Feinberg for a change in the Southold Town Zoning Map affecting certain property owned by Mr. Feinberg from the present Agricultural - Residential zoning district to the C Light Industrial zoning district. This memorandum is incorporated by reference and is to be made a part of the petition of Mr. Feinberg dated May 18,1988. Mr. Feinberg is the owner of real property located at Sound Avenue, Mattituck, New York with the Suffolk County Tax Map # 1000-121-03-06. (See survey accompanying application) The property consists of approximately 2.2 acres and is presently improved by four (4) frame buildings. The property is not improved for nor has it ever been used for'residential purposes. Present Zoning and Existing Land Use Mr. Feinberg's property is presently zoned "A-R" (Agricultural - Residential) as are the properties immediately surrounding his property. The subject property is improved with four frame buildings which, in the past, were used as a potato grading facility. The property has not been used in this manner in many years. Presently, three of the buildings lie vacant with the building nearest to Sound Avenue being used for storage by a building tradesman including a small office for his business operations. This office exists as a pre-existing use on the property as a carryover from the days the potato grading facility had its office located in the building. The property to the west is improved and used as a horse farm and riding school. The property to the south is improved with a commercial greenhouse. To the east lies a 50 foot wide right of way and further to the east lies a single family residence. Across Sound Avenue to the north are two single family residences one of which also includes an antique shop. The balance of the property to the north in the immediate vicinity of the subject property lies vacant. Mr. Feinberg's property is located a short distance west of Suffolk County Route 48 which is four lanes wide. The property at this location is presently zoned "General Business" "B-i". In addition, a retail shopping area is slated for development at the intersection of Cox Neck Road and Route 48. Proposed Master Pla~ The proposed master plan and zoning regulations presently under consideration by the Southold Town Board would retain the present zoning on Mr. Feinberg's property by designating it "R- 80" "Residential Low Density District (Two acre minimum)" The only physically possible use to which the property could be put as it presently exists under the proposed new zoning regulations would be as a barn, storage building, greenhouse or other related facility. (See Proposed Zoning Regulations section 100- 31(A)(2)(c). The existing buildings preclude the use of the property for greenhouses or other related facilities. Barns and storage facilities alone provide no reasonable use or return on the property. For the property to be used solely as a storage facility suggests that a princpal occupation or use which needs additional storage facilities exists on another piece of property; this is not the case. Property Needs of Local Building Contractors and Tradesmen At the present time, building contractors and tradesmen who constitute a significant portion of the local work force have few if any locations from which to legitimately operate their businesses. In fact, recent publicity in the local newspapers has shown that many contractors operate their businesses from their homes in violation of the existing zoning regulations. Under the present zoning, building contractor's yards and wholesale storage and warehousing are permitted only in the C '~ Light Industrial zoning district. However, there is only a small amount of property in the Town of Southold designated C Light Industrial and this amount is clearly insufficient to accomodate the number of local tradesmen, their trucks, vans, equipment and storage needs. It is little wonder, therefore, that many of these tradesmen and contractors are working from their homes. Both the existing "A-R" and the proposed "R-80" zoning district for the subject property do not address the existing improvements to Mr. Feinberg's property and the very fact that none of the permitted uses of the property under the zoning ordinance can be implemented on the property in any reasonable manner. Simply stated, the property as improved is not suitable for the existing or proposed zoning it bears. The requested change of zone to C Light Industrial reflects the existing improvements on the property and the only reasonable uses to which they can be placed. The change would provide needed space and facilities for local builders and tradesmen to conduct their businesses legitimately. The property is located in such an area that the proposed use of the property will not adversely affect surrounding properties. Therefore, the applicant respectfuly requests that you re-zone the subject property to C Light Industrial to permit the operation of business by local contractors, builders, and tradesmen on the property. Moore & Moore Attorneys for Petitioner Suite 3 Clause Commons Main Road P.O. Box 23 Mattituck, NY 11952 TO¥:N OF SOUTIIOLD £AF [NVI~O:IHENTAL ASS[SSHENT PART I ~hnng~ ne Cn~e FQr Randall J. Feinberg A2D:E~S ~ND 4IME OF APPLICANT: NANE AND ADO~ESS OF OWNER (If Different~ (Name) (Street) Randall J. Feinberg Cox Neck Lane - BUrN=SS PHONE: Mattituck, New York 11952 (P.O.) ~ . . (State; ~iip) (State) OE~C:IPTIC~ OF P:OJECT: (Briefly describe typ~ of P~ject or action) Change of. Zone from A-R to ~on SCTM# 1000-121-03-06 (PLEASE CC~PLETE EACH QUESTIOt; - Indicate N.A. if not applicable} SITE D£SC2IPTIO!I (Physical settin) of overall project, both deve)oned and undeveloped areas) I. C~eral character of the land: r~nerally uniform slope ~. Present land use: Uroan , Industrial .-- , Corrv~rcial , Suburban . ., Rura] , Agriculture X , Other 0t%~1~ 3. earth or fill) Presently After Ccmpl 6. A~prox~nate Percentage of proposed pro,eot site ~i~h ~looes: O-lO~ ~: I~-l~ 1QO ~; I~: o~ Places? Yes X NO g. OD hunting or fishing opportuoities presently exist in the project area? Yes NO 11. Are there any unique Or unusual land forms on the project site? ii.e. cliffs, dunes~other geological formations - Yes X No. (Describe 12. Is the project site presently used by the con~rnunity or neighborhood as an open space or recreation Yes . .~, Ho 14. Streams within or contiguous to project area: 15. Lakes, Ponds, ~etland areas within or contiguous to project area: a. l~a~e : b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single fam!ly r~esidentia), R-g) and the scale of development (e.g. 2 story). A - R Agricultural -.Residential B. PRO3E£? DESCRIPTICN 1. Physica] ditnens)ons and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor b. Project acreage developed: 2. 2 acres initially:2'2 c. Project acreage to remain undeveloped __ d. Length of project, in miles: .(if appropriate) 2.2 acres. acres ultimately. e. If project is an expansion of existing, indicate percent of expansion proposed: age : developed acreage ' undetermined building square foot- Maximum vehicu)ar trios generated per hour es t. 5 (upon ccwnpletion of project) ~ne F~ily Two Fam)ly Multiple Family CondOmln)um neiQhbprhood n/a cubic yard: 3. HOw Many acres of veqetation (trees, shrubs, ground covers) ~ill be r~ved froe site o 0 acres, 4, Will any mature forest (over 100 years old) or other locally-important vegetation be renx~ved by th)S 6. If single chase project: Anticioated period of construction n/~month$, (~n~luding demolition). demolition) 8. Will blasting occur during construction? ._~Yes X. No 9. Nt~nber of jobs generated: during construction n/ai after project is comolet~ 10. Nu~er of Jobs eliminated by this project . 0 Il. Will project require relocation of any projects or facilities? Yes X NO. If yes, exolatn: lg. a. IS surface or subsurface liquid waste disposal involved? Yes X No. b. If yes, indicate type of waste (sewage. industrial, etc.) c. -If surface disposal name Of stream into which effluent will be discharged 13. Will surface area of existing lakes~ponds, streams, bays or other surface water~ays be increased or decreased by prooosa)? ._~Yes ~ No. 14. Is project or any portion of project located in the 10O year flood plain? Yes X NO 15. a. Does project involve disoosa) of solid waste? Yes X No b. If yes. will an existing solid waste disoosal facility be useo? Yes No c. ]f yes. give name: : location d. Hill any wastes not go into a sewage disoosal SyStem~r into a sanitary lanofill? __Yes Will oraject use herbicides or pesticides? Yes X No ~ Will project routinely produce odors (more th~n one hour oer day)? Yes X NO 16. 17. 18. Will project produce ooerating noise exceeding the local ambience noise levels? ~Yes X lg. Will project result in an increase in energy use? Yes ~ No. If yes. indicate type(s) .. NO NC 20. 21. 22. A-~ Agricultural-Residenti same ApDrowls: a. Is any Federal permit required? Yes ~ No X b. Does project involve State or Federal funding or financing? _.__,Yes --, No Local and Regional approvals: Approval Required Submittal Approval (Yes. Ho) (Type) (Cate) (Date) City. To~n. Village Board City. Town. Vll)age Planning Board City, Town. Zoning Board City. County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies Y zone change ~ i~l annl~g Comm. INFOrmATIONAL CETAILS Attach any additional Information as n~y be needed to clarify your project. If there are or may be any adverse impacts associated with the Drol)aq~&'i'~,,,~lease~tscuss sued impacts and the measures whtcD can be PREPAR£R'S SIC~ATURE: . w -4- ~NA~IE 1000-121-03-7 Peconic Homes 012 608 271 P 012 608 272 RECEIPT FOR CERTIFIED MAIL NOINSURANCECOVERAGEPROVrDED FSee Reverse) Code 64! PROOF OF ",IAILINC; OF NO_.TIC~ ADDRESS Corp. P.O. ,5.3,5.4 Wf. Box 1442, Mattituk N.Y. 11952 Rd. 1 BOX 248, Mattituck N.Y. 11952 STATE OF NEW YORK : COUNTY OF SUFFOLK: SS.: , beino duly sworn, deposes add says that on the ~ ~ of ~::~ct"~/'~_.~t-~ , ]9 ~(~ , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the ahoy. -named persons at the addresses set opposite their respecth, e names; that the addresses set opposite the names of said persons are the addresses of said persons as sho~vn on the cur- rent_~c~t.~.~oi..~assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Office at mail. Sworn to me this ? day of,., j. , /,, - -,, ,' ,' ; that said Notices were mailed to each of said persons by (certified) Notary Public UNDA J. COOPER N.o.~._Publico State of New York .~o,o._4~22563, Suffolk County merm exl~lres Dm:ember 31, 19.~.~ c,,,s~ r,o.....~.~ ............ STATw- CF NEW YORK ToWN OF SOUTHOLD P, ECEIV~D OCT, 6 1988 PETITION IN THE. MATTEII OF THE PETITION OF FOR A CiDklqGE, MODIFICATION OR AMENDI~IENT OF TI-IN BUILDING ZONE ORDHq- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLIt~ COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, ....Raz~dall..~J.....F. aJ. llb.~.tl ................ , rcsidin~ at (~,sert name of petitioner) Suffolk County, New York, the undersigned, am the osvner o£ certain real property situated at ..ao.tlnd...~t.'zan.u'~...Ma.tl:.i.t;ack and more particularly bounded and described as follows: See Attached Schedule A 2. I do hereby petition the Town Board of the Tow~ of Southold to change, modify and amend the Building Zone Ordinance of the Town o[ Southold, Stfffolk County, New York, Including the Building Zone Maps heretofore made n part thereof, as follows: To change the z.onlng on the subjec.t property £rom t:he current: "~." Re}ider{t~a'l' Agriculi:ural f:o "C" Light: Indust:rial 1000 ' 121.00 03.00 Block ' 006.000 not .... SCHEDULE A ALL II.at cerlaln plot, piece or parcel of land, with the buildings and in,provement~ thereon erected, situate. lying~undbe;ngla:~ecx at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and more particularly bounded and described as follows: BEGINNING at a concrete monument set on the southwesterly line of Sound Avenue at a point marking the northwest corner of the lands herein described and the northeast corner of lands of Prins; and RUNNING TIlENCE from said point of beginning along the southwesterly line of Sound Avenue, South 72 degrees 49 minutes 20 seconds East 157.00 feet to a monument; , RUNNING TIIENCE along lands of Unkelbach the following three (3) courses and distances: (1) South 17 degrees 10 minutes 40 seconds West 24.50 feet to a monument; (2) South 10 degrees 22 minutes 00 seconds East 330.06 feet to a monument, and (3) South 69 degrees 17 minutes 20 seconds West 275.62 feet to a monument set on the easterly line of lands of Prins; RUNNING THENCE along said lands now or formerly of Prins the follow- ing two (2) courses and distances: (1) North 9 degrees 13 minutes 30 seconds West 192.00 feet to a monument; and (2) North 15 degrees 57 minutes 10 seconds East 314.53 feet to a monument set on the southwesterly line of Sound Avenue at'the point or place of BEGINNING. BEING ~ND INTENDED TO BE the same premises as were conveyed to HAROLD FEINBERG by deed of WILLIAM UNKELBACH, dated July 2, 1963 ~and recorded July 2, 1963 in tIBER 5372 cp'436 in the Suffolk..= ICounty Clerk's Office. 3. Such request is made for the following reasons: The property as presently improved with four (4) frame buildings are not suitable or capable of any permitted use under the present zoning. The property is ideally improved for use by small businesses in the Town of Southold in need of space for operation and storage of business equipment and materials. As presently zoned the petitioner is unable to make a reasonable return upon his property from any permitted use in the present zoning district as the property is already improved. STATE OF NEIV YORK, ) ) SS:- COUNTY OF SUFFOLK, ) ....R~acla.L1. J...Ee.inher. g ................. BEING DULY S\VORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing' Petition and knnws the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this ...... day of ............... t9 .... :P'~' . Notary Public. TOWN BOARD, TOWN OF $OUTHOLD In the Matter of thc Petition of RANDALL J FEINBERG to the Town Board of the Town of Snuthold. TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to requesta CHANGE OF ZONE FROM:"A" Residential Aqricultural fn "C" Light Industrial 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribeda~follows: South Side of Sound Avenue. Ma~titu~_k Now Suffolk Countv Tax MaD #1000-121-03-06 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential Aaricultural 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "c" r,~gh+ Tna,~tri=_l $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: Petkio~n~'t/("~'"wi'l 1 iaJD. Moore Esq. Post Office Address: Moore & Moore Main Road & Love Lane Clause Commons Bldg. BOX 23, Mattituck N.Y.11952 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK STATE OF NEW YORK Petition for Amendment of Zoning Map, RANDALL J.FEINBERG Petitioner Pursuant to Southold Town Code section 100-150 MEMORANDUM IN SUPPORT OF PETITION OF RANDALL J. FEINBERG This memorandum is written in support of the petition of Randall J. Feinberg for a change in the Southold Town Zoning Map affecting certain property owned by Mr. Feinberg from the present Agricultural - Residential zoning district to the C Light Industrial zoning district. reference and is to be made Feinberg dated May 18,1988. This memorandum is incorporated by a part of the petition of Mr. Mr. Feinberg is the owner of real property located at Sound Avenue, Mattituck, New York with the Suffolk County Tax Map 9 1000-121-03-06. (See survey accompanying application) The "~ property consists of approximately 2.2 acres and is presently improved by four (4) frame buildings. The property is not improved for nor has it ever been used for residential purposes. Present Zoning and Existing Land Use Mr. Feinberg's property is presently zoned "A-R" (Agricultural - Residential) as are the properties immediately surrounding his property. The subject property is improved with four frame buildings which, in the past, were used as a potato grading facility. The property has not been used in this manner in many years. Presently, three of the buildings lie vacant with the building nearest to Sound Avenue being used for storage by a building tradesman including a small office for his business operations. This office exists as a pre-existing use on the property as a carryover from the days the potato grading facility had its office located in the building. The property to the west is improved and used as a horse farm and riding school. The property to the south is improved with a commercial greenhouse. To the east lies a 50 foot wide right of way and further to the east lies a single family residence. Across Sound Avenue to the north are two single family residences one of which also includes an antique shop. The balance of the property to the north in the immediate vicinity of the subject property lies vacant. Mr. Feinberg's property is located a short distance west of Suffolk County Route 48 which is four lanes wide. The property at this location is presently zoned "General Business" "B-l". 'Tn addition, a retail shopping area is slated for development at the intersection of Cox Neck Road and Route 48. Proposed Master Plan The proposed master plan and zoning regulations presently under consideration by the Southold Town Board would retain the present zoning on Mr. Feinberg's property by designating it "R- 80" "Residential Low Density District (Two acre minimum)" The only physically possible use to which the property could be put as it presently exists under the proposed new zoning regulations would be as a barn, storage building, greenhouse or other related facility. (See Proposed Zoning Regulations section 100- 31(A)(2)(c). The existing buildings preclude the use of the property for greenhouses or other related facilities. Barns and storage facilities alone provide no reasonable use or return on the property. For the property to be used solely as a storage facility suggests that a princpal occupation or use which needs additional storage facilities exists on another piece of property; this is not the case. Property Needs of Local Building Contractors and Tradesmen At the present time, building contractors and tradesmen who constitute a significant portion of the local work force have few if any locations from which to legitimately operate their businesses. In fact, recent publicity in the local newspapers has shown that many contractors operate their businesses from their homes in violation of the existing zoning regulations. Under the present zoning, building contractor's yards and wholesale storage and warehousing are permitted only in the C Light Industrial zoning district. However, there is only a small amount of property in the Town of $outhold designated C Light Industrial and this amount is clearly insufficient to accomodate the number of local tradesmen, their trucks, vans, equipment and storage needs. It is little wonder, therefore, that many of these tradesmen and contractors are working from their homes. Both the existing "A-R" and the proposed "R-80" ~%ning district for the subject property do not address the existing improvements to Mr. Feinberg's property and the very fact that none of the permitted uses of the property under the zoning ordinance can be implemented on the property in any reasonable manner. Simply stated, the property as improved is not suitable for the existing or proposed zoning it bears. The requested change of zone to C Light Industrial reflects the existing improvements on the property and the only reasonable uses to which they can be placed. The change would provide needed space and facilities for local builders and tradesmen to conduct their businesses legitimately. The property is located in such an area that the proposed use of the property will not adversely affect surrounding properties. Therefore, the applicant respectfuly requests that you re-zone the subject property to C Light Industrial to permit the operation of business by local contractors, builders, and tradesmen on the property. Moore & Moore Attorneys for Petitioner Suite 3 Clause Commons Main Road P.O. Box 23 Mattituck, NY 11952 TOl~N OF SOUTHOLD EAP EH¥IRO;IMENTAL ASSeSSmENT :'PART ! Project Inf¢~tion ;(-'.~E OF P~OJECT: Randall J. AGD~E~.S ANO 4A~E OF APPLIC~.NT: Randall J. Fein,berg Cox Neck Lane BU~NSSSPHO~E: Mattituck, New York 11952 (~.o.) -~_. DE~C~IPTIC'( OK P~OJECT. (Briefly describe type of project or action) Cha.nge of' Zone from A-R to l~on SCTM# 1000-121-03-06 (PLEASE CC~PLETE EACH QUESTI?)~ - Indicate N.A. if not applicable) SITE DESCRIPTION .. (Physical setting of overall project, both deve]oned and undevelooed areas) I. G~era] character of the land: r, enera)ly uniform slope Generally uneven and rolling or trregul 2. Present land use: Uroan , Industrial . , Cornnercial , Suburban ., Rural ., Fores ' , Agriculture X , Other 0~%1,%~z~ ~--~ ~L~4. ~ ~ ~E~ 3. Total acreage of oro]ect area: _~. ~cres. Unveqet;ted (rock, earth or fill) Other (indI¢3te ty~e) ~ .___2_~c~es 2~2_ A;proxJnate Percentage of proposed orojeCt site with slooes: 0-10% .%: ln-I~i% iO(D l:; IS= o~ gre~ter %. )$ ~roject contiguou~ to, or contain ~ building or site listed on the National Re~ister of Historic Places? Yes X No 8. What is the depth to the water t~ble? fee~ X 9. ~ hunting or fishing opportunities presently exist in the project area? __Yes 10. ~es project site contain any species of plant or animal life that is iden:ified as threatened end~noereo - .les .X ~10, according to - Identify eacn species Are there any unique or unusual land forms on the project site? {i.e. cliffs, dunes~other geological 15. 16. Lakes. Ponds, ~et)and areas within or contiguous tO project area: a. Na~e : b. Size (in acres) What is the dominant land use and zoning classification within a 1/4 mile radius Of the project single fam~)y residential, R-2) and the scale of development (e.g. 2 story). ~ - R Agricultural -·Residential PROJECT D~SC2IPTIC~ 1. Physlca) di~ns~ons and sca)e of project (fill in dimensions as appropriateJ a. Total contiguous acreage owned by project sponsor 2. 2 acres. b. Project acreage developed: .... 2, 2 acres initially;2' 2 acres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: (if appropriate) e. If project is an exoansion of existing, indicate percent of expansion proposed: age t developed acreage ' undetermined initial Ccrrer¢ ~ a I ne i~hborhood n/a building sqffSre foot- How much naturRI material (i.e. rock. earth, etc.) will be re~oved fr~ the site - cubic yard~ 3. How ~any acres of veqetation (trees. shrubs, ground covers)~ill be ?enoved frO~ site - ~ acres. 4. Will any mature forest (over 100 years old) or other locally-important vegetation be remOved by tn~s S. Are there any plans for re-vegetation to replace that renoved during construction? n~a Yes __~,o 6. If single Dbase project: Anticipated Period of construction n/amonth$. (inCluding demolition). 7. If multi-phased project: a. Toro] number of phases anticipated No. bo Anticipated date of corrw~ence~ent phase I month year (Includzng der~oli lion) c. Approximate completion date final phase mOnth . yea-° d. Is phase I financially dependent on subseouent phases? __Yes __NO 8. Nil1 blasting occur during construCtiOn? Yes X No g. Number of jobs generated: during construction n/a; after project is complet~ 0 10. Nu~er of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Yes No. If yes. explain: IZ. a. Zs surface or subsurface liquid waste disposal involved? Yes No.' b. If yes, indicate type of waste (sewage, industrial, etc.) ¢. !f surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes~ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes ~ ~o. 14. IS project or any portion of project located in the 100 year flood plain? Yes 15. a. Does project involve disposal of solid waste? Yes ~ No b. If yes. will an existing solid waste disnosal facility be useq? .Yes c. If yes, give name: : location d. I/ill any wastes not go into a sewage disposal system~r into a sanitary lanqfill? Yes 16. Will ornject use herbicides or pesticides? Yes × No 17. Wt)) project routine)y produce odors (more than one hour Der day)? Yes E NO 18. Will project produce operating noise exceeding the )Deal ambience noise ]evels? Yes X No 19. Will project result in an increase in energy use? Yes X , No. If yes, indicate type(s) NO A-~ Agricultural-ResidentiI- same -3- 26. a. Is any Federal permit required) Yes ~ No b. Does project involve State or Federal funding or financing) ---- c. Local and Regional approvals: x Yes No Approval Required (Yes. No) (Type) Submittal Approval (Date} (Date) City. Town, ~illage Board City. Town, Village Planning Board City, Town, Zoning Eoard City. County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies Y zone change ~ -Plannznq Comm. INFORYAT IONAL DETAILS Attach any additional information as n.~y be needed to clarify your project. If there are or may be any adverse impacts associated with the I)rol)e~'~q.'"-.Olease~discuss such impacts and the ~asures which can be PREPARER'5 S~ATURE: T[TLE= ~~K NAME 1000-121-03-7 Peconic Homes P 012 608 271 P 012 608 272 RECEIPT FOR CERTIFIED MAIL Code PROOF OF MAltING OF NOT~!CE ADDRESS Corp. P.O. Box 1442, Mattituk N.Y. 11952 ,5.3,5.4 & Wf. Rd. 1 Box 248, Mattituck N.Y. 11952 STATE OF NEW YORK : COUNTY OF SUFFOLK: , being duly sworn, deposes ar{d says that on the ~ d~ of ~::::~-"~/'t~L~L-~ ,19 ,V~' , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the ahoy. -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 sho~vn on the cur- rent assessment roll of the Town of Southold;that said Notices were maiIed at the United States Post Office at -~i,l*~d ) mail. Sworn to me this c-, day of.? ,. 7::.~,'~."., ,19~ ; that said Notices were mailed to each of said persons by (certified) Notary Public UNDA J. COOPER N.o.tary Public. State of New Yo~ ~-~//' - r~o. 4822563. Suffo k County; v mrm Expires December 31, 19 ' TOWN BOARD,,TOWN OF SOUTHOLD In the Matter of the Petition of RANDALL J FEINBERG to the Town Bo,~rd of the Town of $outhold. TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to rcquesta CHANGE OF ZONE FROM:"A" Residential AGricultural to "C" Light Industrial 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: South Side of Sound Avenue. Mattitl~ck NEW V~rk Suffolk County Tax Map ~10QQ-~2]-Q3-06 3. That the property which is thc subject of such Petition is located in the followin§ zoning district: "A" Residential Aaricultural 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "r'" T,{ gh~ Tn4,,~erial 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: I C) "~-(.-~5 i Pet, D. oo:e Post Office Address: Moore & Moore Main Road & Love Lane Clause Commons Bldg. Box 23, Mattmtuck N.Y.11952 Io00 1000 - © ® HORSE A D 199 ~ ( So' WIOE) FARM IJ ~1.2 -- 3.3 -- 250, ~ '~ iR E $1D E A Gl N Ti A L ~ IR I COL T U R A L GREENHOUSE /. 0 51,52,55,5/I -- MAP HORSE FARM GREENHOUSE KEY MAP LIC. NO. 49668 AREA = 2. 2170 ACRES. 1000 12 1 01 - THORNTON E. SMITH,44 BROOKSIDE DR., PLANDO/~tE, N.Y. NO50 JAMES T. & APRIL CONNOLLY RRI BOX 248 M~ MATTITUCK~ N.Y. H952 MARY MARGARET ROCKSON~ 4995 SOUND AVE. MATT]TUCK ~ N.Y. 11952 GUY SOBERING ~ BOX. 945 ~ SOUTHOLD ~ N.Y. 11971 1000 - 121 08 EUGENE F. DAVIDSON & WIFE, RD I BOX 248 A, MATTITUCK N.Y. 11952 RANDALL J. FEINBERG P.O. BOX 186, MATTITUCK , N.Y. 11952 PECONIC HOMES CORP. P.O. BOX 1442 , MATTITUCK , N.Y. li952 1000 121 04 E DWARD J. WOESSNER & WIFE , SOUND AVE. MATTITUCK~ N.Y. 11952 JOSEPH T. & ANO MACARI~ 121 MALBA DR. , MALBA, N.Y. 11357 FOR FOR RANDALL J. FEINBERG AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y, IOO0 PRESENT ZONE DISTRICT " A " RESIDENTIAL AGRICULTURAL PROPOSED ZONE DISTRICT " C " LIGHT INDUSTRIAL FIRE DISTRICT 30 I DO HEREBY CERTIFY THAT THE RADIUS MAP DOES ACCURATE~E~.YY DESCRIBE THE USES OF' THE" PROPERTY SURROUNDING THE SUBJECT PREMISEG ZONE CHANGE 121 03 SCALE 1" = 100' JULY 14, 1988 AUG 31, 1988 06 OWNER & APPLICANT , RANDALL J. FEINBERG P.O BOX 186 MATT~TUCK ~ N.Y. ~cJ5't D.K. 85 -- 355 A MAIN I000 - I000 SURVEYOR 5020 / 909 , N.~'] 11971 OI G E I D I VACANT R E S i DEAl Ti Al HORSE FARM GREENHOUSE NE Y MAP LIC. NO. 49668 AREA = 2. 2170 ACRES. SCALE I"= 600' 1000 - 121 - 01 THORNTON E. SMrTH,44BROOK$IDE DR.~ PLANDO/~tE, N.Y HO30 JAMES T. & APRIL CONNOLLY RRI BOX 248 M, MATTITUCK~ N.Y. 11952 MARY MARGARET ROCKSON, 4995 SOUND AVE. MATT*ITUCK , N.Y. 1[952 GUY SOBERING ~ BOX. 945 , SOUTHOLD , N.Y. 11971 1000 121 - 03 - EUGENE F. DAVIDSON 8. WIFE, RD I BOX 24'8 A, MATTITUCK N.Y. 1195¢' RANDALL d. FEINBER6 P.O. BOX 186 MATTITUCK, N.Y. 11952 PECONC HOMES CORP. P.O. BOX 1442 , MATTITUCK , N.Y. 11952 1000 121 04 I, -- EDWARD d. WOESSNER g WIFE , SOUND AVE. MATTITUCK, N.Y. 11952 9. -- JOSEPH T. &ANO MACARI, I~1 MALBA DR. , MALBA, N.Y. 11357 MAP FOR FOR RANDALL J. FEINBERG AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y, 1000 PRESENT' ZONE DISTRICT "A" RESIDENTIAL AGRICULTURAL PROPOSED ZONE DISTRICT ° C · LIGHT INDUSTRIAL I DO HENRY CERTIFY THAT THE RADIUS MAP DOES ACCURA TE~. Y DESCRIBE THE USES OF THE' gROPERTY SURROUNDIN~ THE SUBJECT P~MISES AS OF ~- /~- ~[¢ ~...~.~____ ZONE CHANGE - 121 03 SCALE 1' = 100' JULY 14, 1988 AUG 31, 1988 06 OWNER & APPLICANT, RANDALL d. FEINBER6 P.O BOX 186 MATTITUCK , N.Y. II95~ O.K. 85 - :555 A