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Home My WebLink About1000-69.-4-1.2 R awm [olzGO Po) LAW OFFICES ✓ SEP 11998 WICKHAM, WICKHAM & BRESSLER, P.C. S � �!�-�- ,; �,J, 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICSM*I< QW TWA"� MATTITUCK, LONG ISLAND NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 516-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 516-298-8565 516-249-9480 HUBERT F. SULLIVAN Sept . 1, 1998 TELEFAX NO. 516-249-9484 Ms . Betty Neville, Town Clerk Town of Southold Southold Town Hall 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re : Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1 .2 and 1 .4 Dear Ms . Neville: Please be advised, in furtherance of my last correspondence to you in this matter, that the applicant is amending Paragraph 2 of his rezoning petition to the following: Existing Zone : IIR-8011 - Residential Low Density Proposed Zone : IIB11 - General Business, with the simultaneous filing of a covenant restricting the property to only such uses as would be permitted in and regulated by: (a) Section 100-31A(1) through (3) , (B) , and (C) of the Agricultural-Conservation Zone; and (b) Section 100-101A(4) and of the General Business Zone . Please deem our petition and the accompanying documents amended accordingly. G _ The purpose of this amendment is to limit the extent of the downzoning to purposes desired by the applicant which would not detract from the character of the area without opening use of the property to any use permitted in the B zone, while still maintaining the ability to use the property in accordance with R-80 permitted uses . It is believed that the proposed restrictions will minimize any adverse impact on the surrounding area. Very truly yours, ZigaiA. Wickham CC : Greg Yakaboski, Esq. D 30-shdtnclk �� QL lyyd & MAd Town LAW OFFICES V P6 WICKHAM, WICKHAM & BRESSLER, P.C. �� 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAMQI��' 1 SUITE III (R�Ea �m 516-298-8353 MELVILLE. NEW YORK 11747 LYNNE M.GORDON T��O 14M TELEFAX NO. 516-298-8565 JANET GEASA , 1�8• 516-249-9480 SEP TELEFAX HUSERT F. SULLIVAN AX NO. 516-249-9484 Scw6w Town 0611( Sept . 1, 1998 Southold Town Board Southold Town Hall 5�� lyyd 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Southold Town Planning Board Re: Proposed legislation to enact moratorium on Rt . 48 Corridor Ladies/Gentlemen: We are the attorneys for Terry and Marion Latham, who own two parcels of property on the south side of Co. Rt . 48 in Peconic. I would like to submit this letter in connection with the public hearing on the moratorium proposed for the Route 48 corridor. While the object of managing otherwise uncontrolled development pending study of better alternatives is laudible, the moratorium should not prejudice those applicants who are pending prior to the effective date of the legislation. Our client has incurred considerable expense in preparation and pursuit of his application, long prior to the discussion of a moratorium. We believe he should be permitted to move forward with his application, keeping in mind the concern which the Town has evidenced regarding traffic and business usage on County Route 48 . We strenuously object to any legislation which would prevent him from doing so for such an extended period of time. I would also like to mention that the statments made by others to your Board at prior meetings to the effect that the Lathams did not begin the rezoning process until the Town threatened enforcement proceedings are totally false. The application was submitted at the beginning of June. Moreover, a meeting requested by the applicant with members of the Board to discuss the proposal prior to filing the application was held as early as November, 1997 . The survey work was completed this past Winter and Spring. The application has not been a recent reaction to enforcement and moratorium discussions, but rather an extensive effort • by the Lathams to produce a realistic economic use for their property. We appreciate your consideration.t yul�� Ver your , Abigail A. Wickham 30-shdtnclk • • Suer LAW OFFICES • B WICKHAM, WICKHAM & BRESSLER, P.c. S 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 516-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 516-298-8565 516-249-9480 HUBERT F. SULLIVAN TELEFAX NO. 516-249-9484 August 10 , 1998 Ms . Betty Neville, Town Clerk Town of Southold Southold Town Hall 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re : Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1 . 2 and 1 .4 Dear Ms . Neville : Confirming our telephone conversation on Friday, we would like to hold the application briefly in abeyance pending our consideration of an amendment to the application. I have discussed this with the Town Attorney. I will contact you as soon as we have come to a decision. Very truly yours, AAbigail A. Wickham CC : Greg Yakaboski, Esq. Southold Town Planning Board Ed Forrestal, Building Dept . AAW: lc 30-shdtnclk Asad!q AUG 11 Southold Town Planning Board • SU,gF Cie_, UFFO(�c Pg 57rt4-77P ELIZABETH A.NEVILLE ti`Z� �Gy Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 W Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS � Af MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER y'flpl �aO� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 24, 1998 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of C. Terry Latham for a change of zone on certain property located on the south side of County Road 48, Peconic, New York. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit same to me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Attachments cc: Abigail A. Wickham, Esq. ��SUFFO�,�-Co • ELIZABETH A.NEVILLE �`l� �y Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 COD x Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax(516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �� .a�� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: WHEREAS, a petition has been received from C. Terry Latham for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on certain property located on the south side of county Road 48, Peconic, New York; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Q 7- izabeth A. Neville Southold Town Clerk June 24, 1998 0 ELIZABETH A.NEVILLE h`L`� Gy Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 W Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER �01 �aO� Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of C. Terry Latham for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on the south side of County Road 48, Peconic, New York. SCTM#1000-69-4. 1.2 &1 .4. Consisting of approximately 2+ acres. Elizabeth A. Neville Southold Town Clerk June 24, 1998 • ��gUFFO(,rco • ELIZABETH A.NEVILLE ti`t� Gy Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 COD 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O • Fax (516) 765-1523 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y�O� ��0� Telephone(516) 765-1500 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 24, 1998 Lead Agency Coordinator Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and 6NYCRR part 617 of the following: 1 . your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: C. Terry Latham Requested Action: Petition for a change of zone from Residential Low Density District (R-80) to Limited Business District (LB) on certain property located on the south side of County Rod 48, Peconic, New York, SCTM # 1000-69-4.1.2 E 1.4 SEQR Classification: Type 1 Contact Person: Elizabeth A. Neville, Town Clerk, Town of Southold The lead agency will determine the need for an environmental impact statement (EIIS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. r page 2 Agency Position: The Southold Town Board wishes to assume lead agency status for this action. Please feel free to contact this office for further information. Very truly yours, Elizabeth A. Neville Southold Town Clerk Attachments Copies of this request and all attachments to the following: Commissioner Cahill, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board ✓ Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services Abigail A. Wickham, Esq. for the applicants (without attachments) Town Clerk's Bulletin Board (without attachments) Suffolk County Water Authority RECEIVED ` 0 PETITION NO. JUN 12 1998 PETITION Southold Town Clerk STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF C. Terry Latham FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. . ...... . . ..... .. .. . .... .. .... . ... . ... . TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1 , 1, C. Terry Latham residing at 37725 Main Rd. , POB 776, Petitioner Orient, New York 11957 Suffolk County, New York, the undersigned, am the owner of certain real property situated at Peconic, New York and more particularly bounded and described as follows: South side North Road County Road 48, Peconic, New York; SCTM #1000-69-4-1.2 and 1.4• See attached Schedule A for complete description. 2. 1 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: Existing zoning use district: "R-80" - Residential low density Proposed zoning use district: "LB" - Limited Business 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for low density residential use. 2. In addition, the property is bounded on the entire eastern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Suffolk County Department of, Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. Si nature STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) C. Terry Latham BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Si nature Sworn to before me this x�day ofMaw-- 1998 ot5ry Public ABIGAIL A.WICKHAM Notary Public,State of New York No.62.4642871 Qualified in Suffolk County Commission Expires Sept.30,19 99 SCHEDULE A Parcel 1 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the south side of Middle Road, County Road 48, distant 1115.15 feet easterly from the intersection of the easterly side of Carroll Avenue with the southerly side of CR 48. From said point of beginning RUNNING THENCE along the southerly side of Middle Road CR 48 the following two courses and distances: (1) North 60 degrees 49 minutes 30 seconds East 139.78 feet to a monument; (2) Thence along the arc of a curve bearing to the left having a radius of 5789.58 feet a distance of 44.30 feet to a monument. RUNNING THENCE along land now or formerly of Hass South 23 degrees 53 minutes 30 seconds East 246.04 feet to other land of Latham; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to land now or formerly of Castelli; RUNNING THENCE along said land North 25 degrees 27 minutes 40 seconds West 245.34 feet to the southerly side of CR 48 to the point or place of BEGINNING. Subject to a 15 foot right of way along the westerly 15 feet of the premises and together with a right of way in common 15 feet wide along the westerly boundary of the premises. SCTM #1000-69-4-1.2 PARCEL 2 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point the following two courses from the intersection of the East side of Carroll Avenue and South side of CR 48: (1) 1115.15 feet easterly along the southerly side of CR 48; (2) Thence South 25 degrees 27 minutes 40 seconds East 245.34 feet to the point or place of beginning; RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 261.74 feet to land of Long Island Rail Road; .RUNNING THENCE North 58 degrees 30 minutes 30 seconds East 170.90 feet along the Long island Rail Road; RUNNING THENCE North 23 degrees 53 minutes 30 seconds West 255.37 feet; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to the point or place of BEGINNING. Together with a right of way 30 feet in width from CR 48 and subject to a right of way 15 feet in width along the northwesterly 50 feet of the premises. SCTM #1000-69-4-1.4 13-latham TOWN BOARD TO1,N OF SOUTHOLD In the platter of the Petition of NOTICE C.TERRY LATHAM and MARION G. LATHAM TO to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS TO: Mr. Frank J. Krok & Others Post Office Box 301 Mr. Helmut Hass, c/o Beverly Hass Jacobs Peconic, New York 11958 Post Office Box 522 C Martin & Louise J. Mangels utchogue, New York 11935 186 Sleepy Hollow Road Long Island Rail Road Greenlawn, New York 11740 Jamaica Station, Room 511 Jamaica, New York 11400 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request Change of Zone from R-80 to Limited Business (LB) - 2 That the property which is the subject of the Petition is located adjacent to your property and is des- cnbedasfollows: South side County Road 48, SCTM 91000 - 69 - 4 - 1.2 and 1.4 3.That the property which is the subject of such Petition is located in the following zoning district: R-80 4.That by such Petition,the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) S. That within five days from the date hereof,a written Petition requesting the relief speed above will be filed in the Southold Town Clerk's Office at Mair. 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 an the matter by the Town Board;that a notice of such hearing must be published at least ten days prior to the date of such hearing In the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to ap- pear and be heard at such hearing. Dated:_ June 4 1998 /� — - 0 xr� - Petitioner C. Terry Latham Post Office Address: Post Office Box 1424 Mattituck, New York 11952 y • PROOF OF MAILING OF NOTIO NAME ADDRESS Frank J. K k & Others Post Office Box 301 Peconic, New York 11958 Martin and Lou a J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Betty L. Constanti 34800 North Road Peconic, New York 11958 Robert A. Phyllis, Jr. 34570 Route 48 Peconic, New York 1 8 Osprey Dominion Co. Post Office Box 27 Peconic, New Yor 11958 Suffolk County 330 Center Dr e Riverhead, w York 11901 Mr. Helmut Hass, c/o Beverly Hass bs Post Offi Box 522 Cutchog , New York 11935-0522 Mr. and Mrs. Gerald M. GraltonMiddl Road, Box 274 eco ic, New York 11958 Ruth Enterprises Inc. 3 Willow Point Road tholdl New York 11971 -_ Lola R. Gould 121 Manor Drive South Ft. L uderdale, Florida 33326 Jay W. Guild RR 3, 400 North Road Peconic, New York 11958 Richard and Phyllis Noncarr Post Offi Box 100 Cutchogue, ew York 11935 Julia Sepenoski l3ox 120 Peconic, New rk 11958 STATE OF NEW YO COUNTY OF SUFF LK: ss.: Joan McGill residing at Peconic Bay Bou vard, A u ogue, New York 11931 being duly sworn,deposes and says tl at on the day oIf 19 98 deponent mailed a true copy of the Notice set rth on the reverse side her f,directed to each of the abov-.- amed persons at the addresses set opposite their pective names; that th addresses set opposite the names of said persons are the addresses of said persons as s own on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United Stat Post Office at Mattituek ;that said Notices were mailed to each of said persons y (certified) (registered) mail. Sworn to me this day of . 19 Notary Public TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of C. TERRY LATHAM and AFFIDAVIT OF MAILING MARION G. LATHAM to the Town Board of the Town of Southold STATE OF NEW YORK ) ) ss. : COUNTY OF SUFFOLK ) Joanne McGill, residing at Peconic Bay Boulevard, Aquebogue, New York 11931, being duly sworn, deposes and says that on the 9th day of June 1998, deponent mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the persons listed below 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Helmut Hass c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 11400 -- 1 "� J a ne McGill Sworn to before me this 9th day of June 1998 . Noltary Public Puu�w Stei,d New York Notary INied in S�}.,Cg J392 Olk CCU. �pltea JuM LAW OFFICES WICKHAM, WICKHAM SI BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MEL ERIC J.BRESSLER 275 BROADAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 516-298-8353 MELVILLE.NEW YORK 11747 JANET GEASA TELEFAX NO. 5I6-298-8565 516-249-9480 HUBERT F.SULLIVAN TELEFAX NO. 516-249-9484 RECEIVED JUN 121998 June 10, 1998 Southold Town C19rk Ms . Betty Neville, Town Clerk Town of Southold 53095 Mair. Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1.4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose four original Receipts for Certified Mail addressed to the adjacent property owners. Please contact me if you require anything further_ Very truly yours, Abigail A. Wickham AAW:jm Enclosures 30/shdtnboa Z 286 588 577 d'5' Z 469 256 714 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for Intematfonal Mail See reverse Do not use for Intemallonal Mail See reverse Ito Long Island Rail Road Frank J. Krok & Others Street&Jamaica Station Room 511 PosUffSued t Of iOffice Box 301 Past Off stale,l ZIP Cone Poll Olfce,State,6 ZIP Code Jamafca, New York 11400 Peconic, New York 11958 Postage $ , 31- Posbge s 3)— CertifW Fee �.3 J Cer9W Fee / 3 Speed Ddmy Fee Specid Delivery Fee Resbleed Delivery Fee Re WcW Delivery Fee t0 N Return Recelpl Stovhg bW a Wh m A Data Delivered /./0 m Whomlr Retdq Slawirrp b /' /0 $ o aMeabtl db $ D*t S TOTAL P V` '� / TOTP t PWW C9 pw�ar LL (9 Z 469 256 688YZ 469 256 693 US Posldl Service Us Posal Service Receipt for Certified Mail Receipt for Certified Mail No 4lsurance Coverage Provided No Insurance coverage Pmvdded. Do not use for Inlemagonal Mar See reverse Do not use for IMemisdarel MaN See reverse b b e ut ss . Louise J. Man els c/o Bev;rly Hass Jacobs sacral ee H Road P str Office Box 522 am Green a New York 11740 Cutcho e, New York 11935 $ 3z $ 3L cerwedFee 35 CeAAedFee �.35 SpatiakFee Spedd Delivery Fee ReaulRued D��Y FeeRon Flacelgit0 �h�&"pbalmffa= �• /O PAMReYertRecdpl p cawb,a Dele.TOTA •' m TOTAL P Feet Ma PoEMerk orpWA 14-16-2 (2187)-7c • 617.21 • SEQF Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projec• or action may be significant The question of whether an action may be significant is not always easy to answer. Frequent ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determinc significance may have little or no formal knowledge of the environment or may be technically expert in environmenta analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affectint the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatior process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic projec data, it assists a reviewer in the analysis that takes place in Parts 2 and 3: Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provide guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parrs 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 ' -• PART 1—PROJECT INFOFWTION , Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant efff on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additiol information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies,research or investigation. If information requiring such additional work is unavailable,so indicate and spec each instance. NAME OF ACTION "'rHHn•1 ZOAIE CHANGE LOCATION OF ACTION pnelude Street Address,Municipality and County) 5 5 CID . 7Z-11. Q f tic N .Y- NAME OF APPLICANTISPONSOR BUSINESS TELE E C . T. La fl,a„, t S/61 ADDRESS 0 Wlc Aarn /. id_-Aam d �YPS ?✓ �O Sox Z CrrylPO STATE ZIP CODE mA7-r r -TV c.k IAJY l �Z NAME OF OWNER(if different) BUSINESS TELEPHONE 77 &) w Map'tom ZeL t I ADDRESS J4Me_ cnylPO STATE ZIP CODE DESCRIPTION OF ACTION f?bO ?b Lc3 Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and ndeveloped areas. 1. Present land use: ❑Urban ❑jndustrial and ❑Residential(suburban) ❑Rural(non-fa ClForest Agriculture ❑Other 2. Total acreage of project area: lz?-:� — acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acrer Water Surface Area acres /�— acres Unvegetated (Rock, earth or fill) 1 74— acres acrer Roads, buildings and other paved surfaces Aq acres acres Other (Indicate type) acres acre! 3. What is predominant soil type(s) on project site? a. Soil drainage: DWGell drained /DO % of site ❑Moderately well drained % of site OPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the f Land Classification System? acres. (Seel NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes Ism a. What is depth.to bedrock? VI (in feet) 2 S. Approximate percentage of Siosed project site with slopes: /d % 01015% 015% or greater % 6. Is project substantially contiguous to, or con . a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes o 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes p� 8. What is the depth of the water table? 3 S f (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ,yes Sallo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes M. 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes (Him According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations' ❑Yes Lalqo- Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreatiorr area;. ❑Yes pKo' If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes V45- 15. 15. Streams within or contiguous to project area: A/ a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name At / Al- b. Size (In acres) 17. Is the site served by existing public utilities? . EPre-s ❑No a) If Yes, does sufficient capacity exist to allow connection? 031 s ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ®fes 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article.25-AA Section 303 and 304? ❑Yes �01 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 (,Q of the ECL, and 6 NYCRR 617? ❑Yes 6No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes 01;i_0 B. Project Description 1. Physical dimensions and scale of project (fill in dimension] as appropriate) a. Total contiguous acreage owned or controlled by project sponsor O acres. b. Project acreage to be developed: -1 acres initially; --- acres ultimately. c. Project acreage to remain undeveloped O acres. d. Length of project, in miles: �A✓IA (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed �" %; f. Number of off-street parking spaces existing I ; proposed nam g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately ---y � -j � � --- i. Dimensions (in feet) of largest proposed structure No ff)eigt wr th; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? NO ft. 3 '2. How much natural materi0e., rock, earth, etc.) will be removed frdehe site? U tons/cubic yards 3. Will disturbed areas be reclaimed? OYes KNo ❑N/A a. If yes, for what intend": purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONo C. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes 4No 6. If single phase project: Anticipated period of construction 3 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes ®No 9. Number of jobs generated: during construction AfZA ; after project is complete 10. Number of jobs eliminated by this project O 11. Will project require relocation of any projects or facilities? JRYes ONo If yes, explain Sone- u' m n'l' r o fr"e -Po. 0rie Qc.r/r- 12. Is surface liquid w ste disposal involved? OYes $No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes ONO Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes ,Jk�No Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes 4M4o 16. Will the project generate solid waste? OYes MNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Oyes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes ONo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes ,B NO 19. Will project routinely produce odors (more than one hour per day)? OYes 4No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes JXNo 21. Will project result in an increase in energy use? OYes 4ONo �f If yes , indicate type(s) l 22. If water supply is from wells, indicate pumping capacity A✓e.• gallons/minute. 23. Total anticipated water usage per day grin rin.J gallons/day. 24. Does project involve Local, State or Federal funding? OYes ONo If Yes, explain 4 25. Approvals Required: • Submittal Type Date City, Town, Village Board &Yes ONo �e onr S 9g City, Town, Village Planning Board OYes ISNo City, Town Zoning Board OYes ( No City, County Health Department OYes IRNo Other Local Agencies OYes -KNo Other Regional Agencies OYes ®No State Agencies OYes ®No Federal Agencies OYes SNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ®Yes ONo If Yes, indicate decision required: Xzoning amendment Ozoning variance Ospecial use permit Osubdivision Osite plan ❑new/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? �- 8'0 �esre�trrl>ct/ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? arnq/v 4. What is the proposed zoning of the site? �� Lrrrtif¢c� �USii1C� S. What is the maximum (�potential development of the site if developed as permitted by the proposed zoning? / JA.a- /-0o -gO cf-S X 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? �s / 7. What are the predor ina land use(s) and oning classifications within a 1/. mile radius of proposed action? 1 Y3r:is 417UYR/ .I21' / /dl rc. WOs& a. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? @Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? &16- a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes IS. 11 . Will the proposed action create a demand for any community provided services (recreation, education, poli fire protection)? OYes tomo a. If yes, is existing capacity sufficient to handle projected demand? OYes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes Q a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo- D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the information rovided above is true to the best of my knowledge. Applicant/S oon �• le-MiDate Signature? - Title if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceec with this assessment. 5 APPLICANT TRANSA IONAL DISCLOSURE PORN The Town of Southold's Code of Ethics Prohibits conflicts of interest on the Part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAHE: LATHAM, TERRY (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION. (Check all that apply. ) Tax grievance variance Change of zone r Approval of plat Exemption from plat or official map Other (If "Other," name the activity. ) _ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? 'Relationship• includes by blood, marriage, or business interest. "Business interest- means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X_ If you answered -YES,- complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ;X day�of May 1998 Signature Print name C• Terry Latham ✓ftlm,en C O N S E N T Re : Zone Change for Latham SCTM #1000-069-04-001 . 002 SCTM #1000-069-04-001 . 004 I, MARION G. LATHAM, consent to the rezoning application made with respect to the above property by Terry Latham and agree that he may execute all necessary instruments and documents in conne^ction therewith. '0A nn MARI N G. LATHAM Sworn to before me this ��)7jd y of j 1998 . o ary Publi ABIGAIL A.WICKHAM Notaryubl52S�2of New York No.Qualified in Suffolk Coun 13-consent ty °cy . Commission Expires Sept.30.19 9 • Wn. pnO._ � Yuw. mppfn E9 O N♦ ry0.�y. �( 7 0 m7 "6 g a� A z FU G U� C um _N CL t- � ry2 yLg u 2 u C h Ski Fpm W.y apa& q a ILE Q u Limb 2 O y O0 < p `imNQ 12 plyJir R } VUU y m a U• � d 4 � k' ■OU08g' 00 Q aw : �yJ i �eiri : tmii a 2UaF Ql�i 1 / JOW'Sg100 NYork 0.950 RR 54onort Ori FSy3l20 Ag".1 y1 • ct,Ewa Md \ Nwcarro•s� rAOn. 1 Richard Noncor.. \ la P 11: 100 YMk 119]5 1 P.O.Bo Na• 0°tcho9 om 0.es. 5tn9t• / n pRV ROAo a•67e� - I 60.493, onx R��g 6� is � q§ < N. P^j6 uilr�' z ;�Q Ir I +9}80 ^grH,�B <o^ C4; PY �ti Asl�� 1 � � I • A�I S N 1N soo 1 S 6�77.3L nu+• r �Ild`Ml�°D YorM 11901 I Fi S�varh•ad• iqn3 Cs .8g n t8k r '� lata^d RaA 0.oad ' / Ew9' OynMtaa .om Est. I �Or•Ba•NNSi York 11950 P•Cw •M,9kld d9York 1955\ Yrck OrP • RECEIVED • PETITION N0.�,33 JUN 12 1998 PETITION Southold Town Clerk STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF C. Terry Latham FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. .. ...... . ...... ....... . .. .... . .. .. .... TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1 . 1, C. Terry Latham residing at 37725 Main Rd. , POB 776, Petitioner Orient, New York 11957 Suffolk County, New York, the undersigned, am the owner of certain real property situated at Peconic, New York and more particularly bounded and described as follows: South side North Road County Road 48, Peconic, New York; SCTM #1000-69-4-1.2 and 1.4• See attached Schedule A for complete description. 2. 1 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: Existing zoning use district: "R-80" - Residential low density Proposed zoning use district: "LB" - Limited Business 3. Such request is made for the following reasons: 1. The premises is sandwiched between a high-speed highway and the railroad track making it unsuitable and undesirable for low density residential use. 2. In addition, the property is bounded on the entire eastern boundary by property zoned Limited Business, next to which is located the Public Works Facility of the Suffolk County Department of. Highways. The property is bounded on the West by a landscaping business and storage facility which will not be adversely affected by the proposed change in zone. 3. The applicant is unable to obtain a reasonable return on his investment given the current zoning classification. 4. The proposed use will not significantly change from the prior use of the property or that of surrounding properties. "'Z+.c.C.� Si nature STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) C. Terry Latham BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Signature Sworn to before me this /2- day of May 1998 17 1111A4, othry Public A131GAIL A.WICKHAM Notary Public,State of New York No.62.4642671 Qualiiied in Suffolk Cou Commission Expires Sept.30nty.19 99 SCHEDULE A Parcel 1 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the south side of Middle Road, County Road 48, distant 1115.15 feet easterly from the intersection of the easterly side of Carroll Avenue with the southerly side of CR 48. From said point of beginning RUNNING THENCE along the southerly side of Middle Road CR 48 the following two courses and distances: (1) North 60 degrees 49 minutes 30 seconds East 139.78 feet to a monument; (2) Thence along the arc of a curve bearing to the left having a radius of 5789.58 feet a distance of 44.30 feet to a monument. RUNNING THENCE along land now or formerly of Hass South 23 degrees 53 minutes 30 seconds East 246.04 feet to other land of Latham; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to land now or formerly of Castelli; RUNNING THENCE along said land North 25 degrees 27 minutes 40 seconds West 245.34 feet to the southerly side of CR 48 to the point or place of BEGINNING. Subject to a 15 foot right of way along the westerly 15 feet of the premises and together with a right of way in common 15 feet wide along the westerly boundary of the premises. SCTM #1000-69-4-1.2 PARCEL 2 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point the following two courses from the intersection of the East side of Carroll Avenue and South side of CR 48: (1) 1115.15 feet easterly along the southerly side of CR 48; (2) Thence South 25 degrees 27 minutes 40 seconds East 245.34 feet to the point or place of beginning; RUNNING THENCE South 25 degrees 27 minutes 40 seconds East 261.74 feet to land of Long Island Rail Road; .RUNNING THENCE North 58 degrees 30 minutes 30 seconds East 170.90 feet along the Long island Rail Road; RUNNING THENCE North 23 degrees 53 minutes 30 seconds West 255.37 feet; RUNNING THENCE South 60 degrees 49 minutes 30 seconds West 177.32 feet to the point or place of BEGINNING. Together with a right of way 30 feet in width from CR 48 and subject to a right of way 15 feet in width along the northwesterly 50 feet of the premises. SCTM #1000-69-4-1.4 13-latham TOWN BOARD TO%,,4 OF SOUTHOLD in the Matter of the Petition of NOTICE C.TERRY LATHAM and MARION G. LATHAM TO to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS TO: Mr. Frank J. Krok & Others Post Office Box 301 Mr. Helmut Hass, c/o Beverly Hass Jacobs Peconic, New York 11958 Post Office Box 522 Cutchogue, New York 11935 Martin & Louise J. Mangels 186 Sleepy Hollow Road Long Island Rail Road Greenlawn, New York 11740 Jamaica Station, Room 511 Jamaica, New York 11400 YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request Change of Zone from R-80 to Limited Business (LB) 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 County Road 48, SCTM 91000 - 69 - 4 - 1.2 and 1.4 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4.That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) — I 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 Mair. 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 or in the Long Island Traveler-Matdruck 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: June 4 1998 Petitioner C- Terry Latham Post Office Address: Post Office Box 1424 Mattituck, New York 11952 *PROOF OF MAILING OF NOTIS NAME ADDRESS Frank J. k & Others Post Office Box 301 Peconic, New York 11958 Martin and Lou a J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Betty L. Constanti 34800 North Road Peconic, New York 11958 Robert A. Phyllis, Jr. 34570 Route 48 Peconic, New York 1 8 Osprey Dominion Co. Post Office Box 27 Peconic, New Yor 11958 Suffolk County 330 Center Dr e Riverhead, w York 11901 Mr. Helmut Hass, c/o Beverly Hass Post Offi Box 522 Cutchog New York 11935-0522 Mr. and Mrs. Gerald M. GraltonMiddl Road, Box 274 eco ic, New York 11958 Ruth Enterprises Inc. 3 Willow Point Road tholdl New York 11971 - Lola R. Gould 121 Manor Drive South Ft. uderdale, Florida 33326 Jay W. Guild RR 3, 400 North Road Peconic, New York 11958 Richard and Phyllis Noncarr Post Offi Box 100 Cutchogue, ew York 11935 Julia Sepenoski Box 120 Peconic, New rk 11958 STATE OF NEW YO COUNTYOFSUFF LK: ss.: Jo McGill residing at Peconic Bay Bou vard, A upbogue, New York 11931 being duly sworn,deposes and says at on the day of 19 98 deponent mailed a true copy of the Notice set rth on the reverse side her of, directed to each of the abov.named persons at the addresses set opposite their .spective names; that th addresses set opposite the names of said persons are the addresses of said persons as s own on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United Stat Post Office at Mattituck ;that said Notices were mailed to each of said persons y (certified) (registered) mail. Sworn to me this day of 19_ Notary Public TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of C. TERRY LATHAM and AFFIDAVIT OF MAILING MARION G. LATHAM to the Town Board of the Town of Southold STATE OF NEW YORK ) ) ss. : COUNTY OF SUFFOLK ) Joanne McGill, residing at Peconic Bay Boulevard, Aquebogue, New York 11931, being duly sworn, deposes and says that on the 9th day of June 1998, deponent mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the persons listed below 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Mattituck; that said Notices were mailed to each of said persons by certified mail, return receipt requested. Frank J. Krok & Others Post Office Box 301 Peconic, New York 11958 Martin & Louise J. Mangels 186 Sleepy Hollow Road Greenlawn, New York 11740 Helmut Hass c/o Beverly Hass Jacobs Post Office Box 522 Cutchogue, New York 11935 Long Island Rail Road Jamaica Station, Room 511 Jamaica, New York 114�j0�0 J a ne McGill Sworn to before me this 9th day of June 1998 . (� No ary Public OgµOLYN L.COATS$0i New Yolk NWtY QONo 4S alkcou0tv oust JuM 11.191 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITLICK. LONG ISLAND MELVILLE OFFICE WILLIAM WICKHAM NEW YORK 11952 ERIC J.BRESSLER 2.15 BROAD HOLLOW ROAD SUITE 111 ABIGAIL A.WICKHAM 516-298-6353 MELVILLE,NEW YORK 11747 LYNNE M.GORDON TELEFAX NO. 516-298-8565 JANET GEASA 516-249-9480 HUBERT F.SULLIVAN TELEFAX NO. 516-249-9484 RECEIVED JUN 121998 June 10, 1998 Southold Town Clark Ms. Betty Neville, Town Clerk Town of Southold 53095 Mair. Road, Post Office Box 1179 Southold, New York 11971 Re: Petition of C. Terry Latham for Change of Zone SCTM #1000-69-4-1.2 and 1 .4 Dear Ms. Neville: With regard to the above captioned change of zone application, I enclose four original Receipts for Certified Mail addressed to the adjacent property owners. Please contact me if you require anything further_ Very truly yours, Abigail A. Wickham AAW:jm Enclosures 30/shdtnboa C� Z 286 588 577 (&,) Z 469 256 714 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Doomnot use for Intemationel MaA See reverse Do not use for International Mail See reverse Long Island Rail Road Fra nkk J. Krok & Others Shed&Number Streets Number Jamaica Station Room 511 Post Office Box 301 Past o0rIrf��Sbb,s LP Cade Post Olfiae,swe,s ZIP Code J810aiC8, New York 11400 Peconic, New York 11958 C&dded Fee �.3,� Certified Fee ! 3 . Spedal Ddmy Fee Spedd Dedvery Fee PAWIded Ddmy Fee PAW ded Ddmy Fee N N W b �0 ws'a�pt °b 1 (O $ sa�wYptoWhan PAM Debi , -••� S TOTAL P �/ 7 coo TOTP s i0y 1A co PosbrArk or l7 tih rn Z 469 256 688 J Z 469 256 693 US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No hwurance coverage Provided. No Insurance Coverage Provided. Do not use for IMxnatlonel Mad See reverse Do not use for Wemetlonel Med See reverse Uri— b &E–Re–a–u–t-Hass & Louise J. Man els c/o Beverly Hass Jacobs Sane& Sneed Starter. Ho 1 w Road Post Office Box 522 P coft Green ab'& New York 11 Cute o ue, New York 11935 P $ 3ti I $ .32- CenaedFee S I Ceraed Fee J.3S 1, 3 spedel r Fee F" PW*Ided Ddv"Fee PaWkIad De my Fee N Mm Recdpl&*AVW � �b (O Whan&Dab Ito $ D ttweptaee+neap C O TOTAL f & (/ rr O TOTAL Fees CO co « � E PmbwhU. 14-16 2 (2187)-7c • . 617.21 SEOF Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projec or action may be significant.The question of whether an action may be significant is not always easy to answer. Frequent ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmenta analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affectini the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature,yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic projec data, it assists a reviewer in the analysis that takes place in Parts 2 and T. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provide guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not th, impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 • PART 1—PROJECT INFOR&TION ' Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eff( on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additiot information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and spec each instance. NAME OF ACTION /A7HR/n 7_0A/6 C H A,AJGG LOCATION OFACTION(Include Slroal Address,Municipality and County) XON Ce . TZ VIZ Pecoyr�:, /V •Y- NAME OF APPLICANTISPONSOR BUSINESS TELEPHO E C , T. Ga-"lot c S/61 ADDRESS �-/ AarW I JCf A C/o !'lir y) am d aYESs ?✓ PO 79o-c Z crrymo AJ ZIP 1°E_Z BATT / TUC.I!` ! Jr NAME OF OWNER(if different) - - BUSINESS TELEPHONE 77 444A4rnw179a,-tom ZaW4 a mc I ADDRESS Val m e_ CITyIPO STATE ZIP CODE DESCRIPTION OF ACTION Ke,3e'U-' 'Z /260 7b La Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and pndeveloped areas. 1. Present land use: ❑Urban Ojndusuial Commercial ❑Residential(suburban) ❑Rural(non-far ❑Forest Agriculture OOther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acre: Water Surface Area acres acres Unvegetated (Rock, earth or fill) V acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acre> 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained /00 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the r Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes PM16- a. What is depth.to bedrock? AUA (in feet) 2 5_ ,Approximate percentage of *sed project site with slopes: �0 % 010-15% 015% or greater % 6. Is project substantially contiguous to, orconjAi" a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes "0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 161 8. What is the depth of the water table? 3& (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes @No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes 111417 - 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes awo, According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations' ❑Yes 0< Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area,. ❑Yes P05 If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes IIR<0� 15. Streams within or contiguous to project area: A//& a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name A/ Al- b. Size (In acres) 17. Is the site served by existing public utilities? . 2Ye-s ❑No a) If Yes, does sufficient capacity exist to allow connection? (>Ye—s 13No b) If Yes, will improvements be necessary to allow connection? ❑Yes f81T 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? ❑Yes 819-0 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes &WO 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes 0go B. Project Description 1. Physical dimensions and scale of project(fill in dimension] as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: -1 acres initially; Z— acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: �AIVA- (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed DCS I g. Maximum vehicular trips generated per hour �(upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately ---y- � -jy �� i. Dimensions (in feet)of largest proposed structure N rg ( wr th; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? Mo_ ft. 3 2_ How much natural materi*., rock, earth, etc.) will be removed frcae site? U tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes KNo ❑N/A a. If yes, for what intend.,: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONo c. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes 4No 6. If single phase project: Anticipated period of construction 3 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes ®No 9. Number of jobs generated: during construction A11A- ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? JRYes ONo If yes, explain 12. Is surface liquid w ste disposal involved? OYes $No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes E5No Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes RNo Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes 4Mlo 16. Will the project generate solid waste? OYes KNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? -OYes egNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes ,INo 19. Will project routinely produce odors (more than one hour per day)? OYes dgNo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes )9No 21. Will project result in an increase in energy use? OYes CNo If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity A✓e-, gallons/minute. 23. Total anticipated water usage per day *",In ro+41 gallons/day. 24. toes project involve local, State or Federal funding? OYes ONO If Yes, explain 4 25. Approvals Required: • • Submittal Type Date City, Town, Village Board eyes ❑No �e onr b 9g City, Town, Village Planning Board OYes Mqo City, Town Zoning Board OYes 01Jo City, County Health Department OYes fiNNo Other Local Agencies OYes 45No Other Regional Agencies OYes ®No State Agencies OYes ®No Federal Agencies OYes SNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? Eyes ❑No If Yes, indicate decision required: 9Lzoning amendment ❑zoning variance Ospecial use permit ❑subdivision Osite plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R 8'0 i'lasrc�enhci/ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? « LrM^eQ� $usinest 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? �_ /00 —$Otf•S 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Ml�es 01 7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action? ��rcdfyi�u/��mme►zrgtMh1a. Wor4oe�r.�or7� J 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? es ❑1 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes L9 11 . Will the proposed action create a demand for any community provided services (recreation, education, poli fire protection)? OYes QK0 a. If yes, is existing capacity sufficient to handle projected demand? OYes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes Q a. If yes, is the existing road network adequate to.handle the additional traffic? OYes ONo- D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the informationprovided above is true to the best of my knowledge. ApplicanUS on G. e-r Date Signature 70- Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceer with this assessment. 5 • APPLICANT • TRANSACTIONAL DISCLOSURE PORN The Town o£ Southold's Code of Ethics prohibits conflicts of T,!2 on the part of town officers and employees. The purpose of this form is to provide information which can alert the town Of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: LATHAM TERRY • (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone x Approval of plat Exemption from plat or official map Other (If "Other," name the activity. ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? 'Relationship- includes by blood, marriage, or business interest. 'Business interest' means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered -YES,- complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant in a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /olX day of MaY 199E Signature Print name C. Terry Latham ✓p)an,en�T. C O N S E N T Re: Zone Change for Latham SCTM #1000-069-04-001 . 002 SCTM #1000-069-04-001 . 004 I, MARION G. LATHAM, consent to the rezoning application made with respect to the above property by Terry Latham and agree that he may execute all necessary instruments and documents in connection the,rewith. ./oJ MARION G. LATHAM Sworn to before me this 7 d y of j 1998 . o ary Publi ABIGAIL A.WICKI4AM Notary Public, state of New York 13-consent Qualified in Suffolk County Qq Commission Expires Sept.30,19,U 'parr 3 / � 517E - le lwc zo� +S Y' / 1 \ l°VG r51M0 N4 F01p u PRGpp 's'u�N y1W>ad y 4nn.4 Av4ay,. "(B' _ / _ 9ssll N�yoN ae \ I LIMITED 13USINE. \ .r ..e 2 I ♦ 33- � Z� — 3.Z'oa yi u I �. / 1 savers P f+4' 1 NOTES: 1. ■ MONUMENT FOUND Z. E S NAIL FOUND o iO WA w •>! .a 2@y �,s 3. EXISTING ZONING USE DISTRICT: y, \ 1 urs I 85611 lM x°0 ,j 6^ o 'N fi, 1 Yt-80' - RESIDENTIAL LOW DENSITY l/Lww se+410 W +1°J b �'€ 4. PROPOSED ZONING USE DISTRICT: 6, 1L611 Aj°re1gH A bW , =4 0 1 'LB' - LIMITED BUSINESS pw8 pBWN MI D uaN 5 Z t q 1sP6wP1 T asnnr°l i �` L CiZ N uas r a o ,BG L09 T— O /JJ '�'v OWNER: 1 f4t'19Z l/r o >S S y1 k m } 1 TERRA uiHAM 1 WIC ABIGAIL IO NICKNAME ESO. - P.O10UM, NICKHAM k BRESSLER, P.C. $ Jp P.O. BOX 7424 ./}s P\ O MATT7UCK, NEW YORK 11952 fO�fi ,1 { L 1 7w•T,wo � . 3Qs VD o � .vp YO fSS. Y qq m "Fm•� -run enfvgL�y n r uy " •s yIsrd°WHD 1 2ei� ,✓10 yy//Aq5 l Q LyFf =LS.s°BOa / I •� >a0 e6OW1aO 4 l+Vs ss°H °/O uOi 0 f8l �A�ZL°x°B 0 .�s r, >°f sw' PH O u, AMENDED ADDRESSES u °11 1 N°8.0A fP DATE RENSK*M NQ / MAP TO ACCOMPANY APPLICATION FOR QL pSGVLL oa pw DPr i an / . CHANGE IN ZONING USE DISTRICT \ \ ` 11-10 n WAD b PREPARED FOR: _ sov TERRY LATHAM At: PECONIC Town of: SOUTHOLD Suffolk County, New York P° 1000 89 4 1.2 .. _ Suff. Co. Tax Map: 10 69 4 1.4 gyp'Q '� \!� / d.rnns«rar Nenvr n,< off^ lLBll 'tJ°A •aNwoppyAW\°SZE NE O5 VsjAV1-3 4" GO I a / DATE :FEB. 20, 1998 '6eE JOB NO. W37 _ SNEET :I:1 Or 1 ® riF a E Young & Young, Land Surveyors 400 Ostrander Avenue, Riverhead, New York 11901 yyye �ODU1J 516-727-2303 a�F� Alden W. Young, RE & L.S. (1908-1994) 9 33 ')�ODU1J Howard W. Young, Land Surveyor Thomas C. WolPert, Professional Engineer o, Land Mlnnning ryoN o eJSPEzs Ke John Sch urr,ZLand Surveyoror E Zneinerrin9 °�pJP~tOd Survr9in9 EVS�t PPS GO _ --_ - _- P \Ob OC\\C\G Jc\C\F'SS o P ,,,5 • r• OcU4 �\E 1iM•' R ° y, �° i 90 P� °p0 �xL •'1 Gts Pie .l GP°`NSEP�P s� a§ LOCATION MAP ° eid2 SCALE 1" = 600' Ga pt, e�e G°b00�-loti`Se 3��3 / dol} 96 11eWe(,r° \ \ RQ°GOSecOte ��zE I \ / \ P / tt°�5•N5 cJ\ � 4 9 a° r�t�5 °G �5. / J0�$�0 qg.P °sy9; cde E o °03 oe` Re P� ° f°t° s �]O c�eP "l° \ 0 �95e / st�4 C` n \� n i 'o o O`` Q F. m1 m`P lip N9� � FprM�NG o P JNA N \ N�� ;sof PA'ty mV �p�'e \ 000 ,90, I t e `et ed341 a Po tP m O° atS 9 P•1M 5l ��$ 1°° S°'SO G e°p Got 9 Eg�� ,oG Gy A,L\ aNN "° �e<r�•N` E � B v °x `t•\ ao % Goy RUN E eliq ° \ W \ sj'ns o o, ceo ^ t5 A9�.rU�; ME .°n m iia `4°ym 4 SyO MPEG • ono \ \ / � N � P SLn Via ? xs\ Wo u \ N ^ P I 0' ooe p & NOTES: 6 \ F y' .^ .g0 1, ■ = MONUMENT FOUND 2. O = NAIL FOUND o 3. EXISTING ZONING USE DISTRICT: R-80" — RESIDENTIAL LOW DENSITY / 4. PROPOSED ZONING USE DISTRICT: "LB" — LIMITED BUSINESS /\ yOod a OWNER: / \ C/O ABIGAIL A. WICKHAM, ESQ. WICKHAM, WICKHAM h BRESSLER, P.C. e \ P.O. IT1424 g 0°. P.O. BOX 1 3 NEW YORK 11952 � / m ,toy ,,95g / 4F5 'Do 1 / bo 1e,6.$ "e a 'jai 05 "\0 6,G.� PP ec° OtPs / e��e / \ / MAY 21, 1998 AMENDED ADDRESSES / DATE: REVISIONS: \ MAP TO ACCOMPANY APPLICATION FOR \ / CHANGE IN ZONING USE DISTRICT PREPARED FOR: r° TERRY LATHAM At: PECONIC Town of: SOUTHOLD Suffolk County, New York a / G°tG 1000 69 4 1.2 1000 69 4 14 Suff. Co. Tax Map: \ oistrmt secnon amm Loo �EOF Nc7 y� (N F f0 E1�ed 3/ DATE :FEB. 20, 1998 �f,�SVP SCALE :1" = 100' s's" JOB NO. :98 — 0037 �� - SHEET NO. :1 OF 1 '9� OO OO "980037.DWG" 50495