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Home My WebLink About1000-121.-3-6 617.21 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 Conservation 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 o! Action: Change of Zone request for Randall J. Feinberg SEQR Status: Type I Unlisted Description ot Action: Request for a change of zone on applicant's premises from the existing A - Residential - Agricultural to "C" Light Industrial. Location; flncludestreetaddre~,sandthenameofthemunicipalitycount} Alocahonmapofappropr~a~( scale is also recommended,) Location at Sound Avenue, Mattituck, Town of Southold, County of .Suffolk. See also attached location map. SEQR Positive Declaration Reasons Supporting Thls Determination: Page 2 See EAF Parts II & III attached A change of zone fo]: this parcel would result in significant impacts on the environment. ~df as the Part III statement~ reveals, the Town would put i%self in a positi0~ of qulherability 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: Contact Person: Judith T. Terry, Town Clerk Address: Southold Town Hall, Main Road, Southold NY 11971 Telephone Number: 516/765-1801 A Cop)' of this Notice Sent to: Commissioner, Department of Environmental Consen, ation, 50 Wolf Road, Albany, New York 12233-0021 Appropdale Regional Office of the Department of EnvironmentA', Conservatior'~Stony Brook, N.Y. Office of t,~6 Chief Executive Officer of the politica! subdivision in which the action will be principally located. Applicant (it Other involved agencies (if any) Southold Town Board Southold Town Planning BoardP 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 Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer shouid be guided by the question:'Have my responses and determinationfbee 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 ne~:~ssarity significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simp 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 magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State an for most situations. But, for any specific project or site Other examples and/or lower thresholds may be appropriat for a Potential Large Impact response, thus requiring evaluation in Part 3. ........... e T~e'ir~p~act~'en~l~'-proi~ct.'0n ~,~ch site~ in'e~ch locality, will vary. Therefore, the examples are illustrative an have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each questior · 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 question then check the appropriate box (column 1 or 2) to indicate the potential size of th . top.act;.. ( mPact ~b.r.ee~hpl~J equals o_r e~ceeds a~y ¢~a~p!~.vided, c_heck_ co!utah 2. If~im~act will_occur butthre, shok is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 e. If a potentially larse impact checked in column 2 can be mitigated by chance(s) in the project to a small to moderat~ impact, also check the Yes box in column 3 A No response indicates that such a reduction is not possible must be e×plalned in Part 3 IMPACT ON LAND Wd[ the proposed achon resuh in a physical chan~e to the project s~te? £zamples th0t ;~ouJd apply to column 2 Ant construcUon on slopes o~ 15% or greater, (15 foot rise per 100 foot of ~en~th), or ~ here the general slopes in the pro~ec~ area exceed 10% ~o~ect s~o~es excee~ ~0~ Conqruct~on on land ~here the depth to the wa[er table is ]e~s than 3 feet dunes, g:.ologlcal iorn'~at~ons, etc ).~,%O ~ IS 1 2 3. Sma[Ito Potential Can Impast Be MoOerate La~ge Mitig~teO By Impact Impact Project Change E] [] ~yes ~ ~ ~Yes IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15.24.25 of the Environmental Conservation Law, ECL) I~NO [:)YES 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 facilities through a protected water body. · Construction in a'desi~,n~-t~d ~'reshwaterortidalwe~land ' -- · Other impacts: 4 Will proposed action affect any non*protected existing or new body of water? []NO DYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water pr 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 quant ty7 ~CqNO I-lYES Examples that would apply 1to column 2 · Proposed Actiou will require a discharge permit · Froposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · 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 ~,ction will adverse~ affect groundwater · Liquid effluent wdl be convev,-d off the site to facilities ~hich presently do not ex~t or have inadequate capacity 'e Proposed Action ~ould use water in excess of 20,000 gallons per day Proposed action ~ill hLe~t c.~.u~,. ql alton or other dl~charge m:o an existing body o1 ~aier I( u e ~xlc..J that there will be an ob:taus s,suaJ contrast 'o n~turai conditions · Fropo~ed AcBon ~ill requm- ~he storage of petroleum o~ chemical ::roducts 8reate~ than I 100 ~allons · b~ope~ed Actmn ~iH allo~ res~dent,M uses m areas without ~ater Other mpac[~ Will proposed action aher drainage t;o',,, or patterns or ,.urtace ~.'-'a t ~r runofP ~'NO [~,* ~ples mat would apply to column 2 Pr~ p,:~¢d Action would change flood water flow~ 7 I 2 3 Smait to Potential Can Impact Re Moderate Large Mitigated By Impact Impact Project Change [-I [] i-lyes I'-INo [] ~-I ["']Yes []No [] [] []Yes []No --Et [] ~- - DYes ~No [] [] []Yes -- E]No [] [] ; DYes []No [] [] DYes ['-INo -'-[] .... [] -~ ~Yes []No [] [] EgYes []No [] [] []Yes []No [] [] []Yes []No [] [] l-lyes []No [] [] []Yes ~No [] [] l-lYes []No [] [] []Yes []No ~r~ [] [~Yes ~No m ~ ~Ye~ m ~ ~Yes ~No · Proposed Action may'cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns · Proposed Action will allow development in a designated floodway. · Other impacts: Subject site is in an arvn subject ~Q ~]nn~9_ IMPACT ON AIR 7. Will proposed action affect air quality? I~NO I-lYES 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 I ton of refuse per hour. ·Ernission 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 wilt altowan increase in the amount of Jand committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? []NO [DYES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site · Remove' of any portion of a critical or significant ~vildlife habitat · Application of pesticide or herbicide more than twice a year, other than for ~,gricultural purposes · 'Other impacts 9 W,H Proposed A(tlon substan~laft,, affect non-threatened or non-endangered sp,'oe? [NO ~IYES Examples that '¢,ould appf~ to column 2 IMPAC~ ON AGRICULTURAL LAND RESOURCES ~NO ~i 5 1 2 Small to Potentiel Can Irnpac[ Be Moderate Large Mitigated By Impact .Impact Project Change D [] D; es []No [] [] DYes •No [] I-I []Yes •No [] [~ [~]Yes f-lEo [] [] i--lYes •No [] [] DYes •No [] [] []Yes •No [] [:] _ _ []Yes •No [] [] DYes E]No [] [] []Yes •No [] [] [~)Yes DNo [] [] DYes •No [] [] •Yes [] [] []Yes rqNo I I ~ ~ ~- Z~,o '~ es 8 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] r'~ DYes []No [] [] i-lyes •NO [] [] []Yes []No [] [] []Yes []No [] [] []'res 5No [] [] EgYes · Construction activity would excavate or compact the soil profile of agricultural land, · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action woutd disrupt or prevent installation of agricultural land management systems (e.8., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? I~NO i-lyES .... (If necessary, use the Visual EAF 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 m~a-made or natural. · Pr•Dosed land uses. or project components visible to users of aesthetic resources which will eliminate or significantly reduce their emoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or s~gnificant screening of scenic wews known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 ~il[ Propcsed Action impact any site or structure of historic, pre- histouc or paleontological importance? ~JNO r~YES Examples that would apply to column 2 · PtcDosed Action occurring wholly or partially within or substantially c~.nt:.~ uous to any faciht,~ or site hsted on the State or National Register o~ h~stonc places · An~ ~mpe, ct to an archaeological site or iossd bed located within the prolect s~te IMPACT ON OPEN SPACE AND RECREATION [~amples thai ~ould appl,, to column 2 ~NO ~Y[5 9 IMPACT ON TRANSPORTATION 14 will there be an effect to existing transportation systems? [-]NO ~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 Indu~trlal u~ may a significant increase in traffic at a bad locatio: IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energy supply? [~NO I~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 municipality. · Proposed Action will 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 objectionable odors, noise, or .vibration as a result of the Proposed Action? [~NO [~YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility · Odors will occur routinely (more than one hour per dayI · Proposed Action will produce operating no~se exceeding the local ambient noise levels for noise outside of structures - Proposed Action will remove natural barriers that would act as a ne~se screen · Other impacts: I 2 3' Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] {'-]Yes ~')No [] [] []Yes [-]No '~ [] ~:]Yes I'-~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ U ~Ves IMPACT ON PUBLIC HEALTH w=th,n 2.000 feet of a s~le u~e,:i lor thc d~sposal of ~ohd or hazardous 10 17 Will Propoted Action al/cot publi( health and safet¥~ [xamples that x~obld ap;~l~ to coiumn 2 · ~toraFc fa(i[:tw~ ~or ont' mt[i~on or more gallons of hqtJd~t'd natural IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing community:~ •NO ~Y£$ Eaamples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed Action will set an important precedent for future projects. Proposed Action 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 [] [] ~¥es i'~No [] [] DYes •No [] [~ []Yes F~INo ~ ~ ~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 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 potentialh., large, even if the impact(s) may be mitigated. Instructions Dtscu~s the foliov, ing for each impact identified in Column 2 of Part 2: B,tefJ~ dc~.criD~ tF,- m~pact 2 Descnb~,(if appi:cable} ho~ the ~mpact could be mitigated or reduced to a sinai! to moderate ~mpact by ptoiect change[s} 3 Based on thc infarmahon avadable, dec,d~: if d ~ reasonabtv to conclude that this impact is important. (Cont,nue on attachment~) 11 Part III Randall J. Feinberg Change of Zone ~paqt on Growth and Character of Communit_~y_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. I__m_p_a_c_t o rL__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. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 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 recommend 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 illegat~ MEMORANDUM To: Supervisor Frank J. Murphy and member of the Town Board From: Valerie Scopaz, Town Planner Re: Petition to change zone of property owned by Randall J. Feinberg (SCTM #1000-121-3-6) Date: October 31, 1988 It is recommended that this petition 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 the numerous developments is not responsible. 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 Southold Town Planning Board Southold Town Hall Southold, New York 11971 OCT 2 o 1988 SOUTHOLD TOWN PLANNING BOARD Gentlemen: Transmitted herewith is the petition of Randall J. Feinberg requesting 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. 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, Attachmen ts Judith T. Terry Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR Ol~ 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 Southold Town Planning Board Southold Town Hall Southold, New York 11971 SOUTHOLD TOWN PU~NNING 80ARD 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 Oistrict 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 OCT, CASE NO: ......... Z.~.. .... STATE: OF NEW YORK PETITION ToWN OF SOUTHOLD IN THE. I~IAT'I~Ell OF TI{E: PETITION OF FOR A CI~kNGE:, I~IODEFICATION O1~ AI~fENDI~IENT OF THE: BUILDING ZONE: OP. DI~N- ANCE 017 THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, ....Raadall..~....F. eiD. b.~r.~l ................, residing at (insert name of petitioner) Suffolk County, New York, the undersigned, am the owner uf certain real property situated at · .'qo.u~-d-..~.'ZeP-U'~*...Ma.t:f-i.t~lzC~. 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 the Building Zone Maps heretofore made a part thereof, as follows: To change the zgning on the subject .property from the current "k" Re.~identfa'l.' Agricul%ural to "C" Light Industrial SCHEDULE A ~ *' lylng~n~m.gm~x at Mattituck, in the Town of Southold, County of '-0- I~Suffolk and State of New York, and more particularly bounded and v~s~r~c ,,-~uu'u t]ldescribed as follows: 121.00 03.00 006.000 Lot 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 THENCE 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 ing (2) the follow- two (2) courses and distances: North 9 degrees 13 minutes 30 seconds West 192.00 feet to a monument; and 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 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 NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) · ..-R. aP-fla/-1.~/...~ain.her, g ................ , BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (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 ,,.s of .............. 19. . ?. Notary Public. Ill). 4'7~10. ~Ullldk ~ TOWN OF SOUTHOLD, COUNTY OF SUFFOLK STATE OF NEW YORK Petition for Amendment of Zoning Map, RANDALL J.FEINBERG Petitioner Pursuant to $outhold 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 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 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 propose~ "R-80" zoning ~istrict 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 TOWN OF SOUTttOLD £AF [HVIRO;IH[NTAL A$S[SSH£HT -' 'PART Project Information '(~treet) Randall J. Feinber~ Cox Neck Lane Mattituck, New York 11952 D[.~C~[PTIC9 Or P~0JECT: (Briefly describe type of project or action) Zone from A-R to ~.on SCTM# 1000-121-03-06 Change of' A. $IT£ OESCRIP¥I0~l (PL[AS£ CC~PLETE EACH QUESTI01~ - Indicate N.A. if not applicable) (Physical sett{ng of overall project, both develoned and undevelooed areas) I. C~era] character of the land: ?mnerally uniform slope ~enerally uneven and rolling or trreoul Presently After ComoI Unveget~ted (rock. surfaces ~.2 acres 2~2. ~ .... Y~s X Ne Apbroxir~te percentage of proposed project site with $looes: 0-10S .,.',: lg*lg~. ~('1(~ [; I~: or greater Z. Is project contiguOuS tO, or contain a butldtn0 or site listed on the Hatlonal Register of Historic Places? Yes × NO Whit is the depth to the water table? feet DO hunting or fishing opportunities presently exist in the project area? Yes X No Does project site contain any species of plant or animal life that is identified as threatened or endaneered - .Yes × :lo, according to - )dentif.¥ each species 11. Are there any uniqbe or unusual land forms on the project site? ((,e. cliffs, dunes~other geological fornations - Yes X No. (Describe Is the project site presently used by the cotnnunity or neighborhood as an open space or recreation area o Yes .X, NO. 13. Does the present site offer or include scenic views or vistas known to be important to the comunity? Yes X NO 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary 1S. Lakes, Ponds, laet)and 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 1/4 mile radius of the project {e.g. single family residential. R-2) and the sca)e of development (e,g. 2 story). -~'- R Agricultural -Residential B. PROJECT D£SCRIPT)ON 1, Physica) dirn~nsions and sca)e of project (fill in dir~ensions as appropriate) a, Total contiguous acreage owned by project sponsor 2.2 acres. b, Project acreage developed: 9.2 .... acres initially:2°2 acres u)timately. 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 i developed acreage ' giildetermiIled f. i/umber of off-strut parking spaces existind , ; proposed g. Haximum vehicular trios generated per hour ~to 5 (upon comp)etlon of project) h. If residential: Number and type of housinq units: ~ne Family Two Family Xultiple F~mily Condominium Cor~ercla) neiqhborhood building sq~re foot- 4. Will any mature forest {over I§0 years old) or other locally*important vegetation be removed by tn~s project? Yes .~: NO S. Are there any plans for re-vegetation to replace that removed during construction? ~a ~es 6. If single DbaSe project: Anticipated Defied of construction n/amonths, (in~)uding demolition). If multi-phased project: a. Total number of phases anticipated ~NO. b. Anticipated date of commencement phase I , . month year (In¢)uding demolition) d. Zs phase I financially dependent on subseouent phases? ~Yes No 8, Will blasting occur during construction? Yes X.~No g. NUmber of Jobs generated: during construction n/a; after project is comalete lO. Nu~er of Jobs eliminated by this project 0 11. Will PrOject require relocation of any projects or facilities? Yes X No. If yes, explain: lZ. a. Is surface or subsurface liquid waste disposa) involved? Yes X 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 vponds, streams, bays or other Surface waterways be increased or decreased by proposal? __ Yes _.~ No, 14. IS project or any portion of project located in the lO0 year flood Plain? Yes X NO 15. a, Does project involve disposal of solid waste? ~Yes X b. If yes, will an existing solid waste disposal facility be useQ? Yes c. If yes, give name: : location _ d. :lill any wastes not go into a sewage disposal system~r into a sanitary landiS]l? __Yes __ho 16. Will Drnject use herbicides or pesticides? Yes .X No 17. Wi]l project routinely produce odors (~re than one hour Der day)? Yes X NO 18. ~ill project produce operating noise exceeding the )DCa1 ambience noise levels? Yes X NO lg. Will project result in an increase in energy use? Yes X No. If yes, indicate type(s)., ~2. A-~ Agricultural-Residenti same , d,ca:e des, ed --:= -3- 26. Approvals: a. ZS any Federal permit required? . . Yes b. ODes project involve State or Federal funding or financing) _.___Yes e. Loca) and Regional approvals: Approval Required Submittal Approval (Yes. Ho) (Type) (Date) (Date) City. Town. ¥1l)age Board Y zone change City, Town, Village Planning Board - City, Town, Zoning 8pard City. County Health Departrent Other local agencies ~ ~_Pla~ln~ Com~. Other regional agencies State Agencies - Federal Agencies INFOR~AT IONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with theDroP~i~l't..olease~dtscus$ such impacts and the measures which can be .,,.,,,,0,,,,.,,,.. or.o',,, T TL : TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of RANDALL O FEINBERG to the Town Board of the Town of Southold. 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~ricultura] "C" Light Industrial 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed~follows: South Side of Sound Avenue. Mn~i~unk ~w Vnr~ Suffolk County 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 A~ricultural 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: "~" T.~ Oh+- !z~u~trial 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in tbe 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-Mattltuck Watchman, newspapers published in the Town of $outhold and designated for the publication of such notices; that you or your representative have thc right to ap- pear and be heard at such hearing. Dated: PostOfficeAddresg: ~oore & Moore Maln Road & Love Lane Clause Commons Bldg. Box 23, Ma~tituck N.Y.li95~ PROOF OF MAILING OF NOTICE ^DDRES~SS NAME 1000-121-03-7 Peconic Homes Corp. P.O. Box 1442, Mattituk N.Y. 11952 P 012 608 271 P 012 6[38 272 RECEIPT FOR CERTIFIED MAIL NOT FOR FNTERNATIONAL MAIL Special Delivery Fee 2,5.3,5.4 & Wf. Rd. 1 Box 248, Mattituck N.Y. 11952 STATEOFNEWYORK : COUNTY OF SUFFOLK: , being duly sworn, deposes arid says that on the ~ d~ of (:~:::~'~/~c-~L~- ,19 ~;;~' , deponent mailed a true copy of the Nodce set forth on the reverse side hereof, directed [o 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 shown on the cur- rcn~ assessment roll of the Town of Sou[hold; that said Notices were mai]ed at the United S~ates Post Office at ~~ ; that said Notices were mailed to each of said persons by (certified) Sworn to me this day of~? ,.~//~.~/, ( ( Notary Public UNDA J. COOPER Notary Public, State of New Yor - No. 4822563, Suffolk County mrm Expires December 31, ~ILASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: CW-'rpt ~-- ~ Project Type: Site Plans Status: WithdrawrT~Cr} ('e~ ~ SCTM ~' 1000 -~21.-3-6 Proiect Name: Feinber~, Randall Address: Sound Ave., west of Kirkup La., in Mattituck Hamlet: Mattituck Applicant Name: Feinberg, Randall Owner Name: Randall Feinberq Zone 1: ~ - ~;~, ~ ~ C Approval Date: ~F~;~ OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: Zone 2: Zone 3: Location: Sound Ave., west of Kirkup SC Filing Date: C and R's: Home Assoc: R and M Agreement: La., in Mattituck Records Management SCAN Date: SCANNED LAPR 1 0 2006 '1 Records Management ~MAIN ROI -SOUTHOLD~ I000 - I,?.1 I000 ' OI 03 G I E U T I GREENHOUSE KEY MAP SCALE ["= 600' 1000 12 1 01 - I.I 8H. 2 -- THORNTON E. SMITH,44 OROOKSIOE DR.~ PLANDO~E~ N.Y. 11030 ~.2 -- JAMES T. & APRIL CONNOLLY RRI BOX ?48 M, MATTITUCK, N.Y. 11952 3,3 -- MARY MARGARET ROCKSON, 499§ SOUND AVE. MATT'ITUCK , N,Y. 1195 3.4 -- GUY SOBERING , BOX. 945 i SOUTHOLD ~ N.Y. 11971 1000 - 121 - 08 - EUGENE F. DAVIDSON & WIFE, RD I BOX 24~ A MATTITUCK NY 11952 PECONC HOMES CORP, P.O, BOX 442 ~ MATTTUCK ~ N,Y, 11952 r, -- EDWARD J. WOESSNER & WIFE ~ SOUND AVE. MATTITUCK, N.Y. 11952 9. JOSEPH T. & ANO MACARI, IGI MALBA DR. ~ MALBA, N.Y. 11357 HORSE FARM o GREENHOUSE ~ E $1D E N Ti Al , .4 G R I C U L T U R A L MAP 1000 LIC, NO. 49668 AREA = 2. 2170 ACRES. PRESENT ZONE DISTRICT " A " RESIDENTIAL AGRICULTURAL PROPOSED ZONIE DISTRICT" C "LIGHT INDUSTRIAL I DO HEFCE~Y CERTIFY THAT THE RADIUS ,flAP DOES ACCURA TE~ Y DESCRIBE THE USES OF THE- ~pRToEp~E~Ty FOR FOR RANDALL J. FEINBERG AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 121 03 SCALE 1" = 100' JULY 14, 1988 AUG 31, 1988 ZONE CHANGE O6 OWNER & APPLICANT , RANDALL J, FEINBERG P.O BOX 186 MATTITUCK ~ N.Y. 11952 N.Y. 11971