The URL can be used to link to this page

Home My WebLink About1000-74.-4-14.1 i . . ; PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Elizabeth Neville, Town ~.!.~r~ Valerie Scopaz, AICP, !"!fP',-O Town Planner Skrezec Change of Zone Petition SCTM# 74-4-14.1 S/s CR 48, Wlo Peconic Lane Peconic, NY July 30,2002 Re: Date: Under the current zoning, the maximum potential for development of the subject lot is as follows: o In the Hamlet Business (HB) zoned area (18,000 sq. ft.) a total of 7,200 square feet of commercial buildings could result. o In the Residential (R-40) zoned area (156,440 sq. ft.) a total area of 24,000 sq. ft (based upon a 3 lot yield) ofresidential buildings could result. The above estimates do not include roads, drainage, parking or other necessary improvements. The computation is based upon percent of allowable lot coverage under the current code. The actual yield on site may be less. The proposed zone change would change the mixed HB and R-40 parcel to: o Residential Office (RO) equal to .92 acres (40,075 sq.ft.) and o Limited Business (LB) equal to 2.73 acres (100,188 sq. ft.). If approved, the maximum potential for development in the rezoned area will be: o In the RO area, 8,015 sq. ft., o in the LB area, 23,783 sq. ft. Therefore, the zoning change could result in more square footage of commercial buildings and consequently all associated improvements i.e. parking areas. Due to the nalure of existing uses and zones, the Planning Board suggested to the applicanllhal the application be amended to rezone lhe entire parcel 10 RO. The Board is ~ . . , not in favor of applying a more intensive commercial zone on the premise that it would be contrary to the County Route 48 study. Planning staffre-visited The County Route 48 Corridor Stud) (Cramer, 1999) and noticed that it did not specifically evaluate the subject parcel. A recommendation for the area to the east, bordering Peconic Lane, was to "Fortify the business area with additional commercial zonings to HB and RO". The surrounding area to the east was identified as Peconic 2 (See Figure: Peconic 2). As the figurc indicates, the recommended change of zone for the two parcels abutting the subject parcel to the east was from RAO to RO. The study also recommended that the area to the west of the parcel (identified as Peconic I) be changed from B to RO and that properties adj acent to the Long Island Rail Road be changed from B to LB. The overall recommendation was to "rezone existing residences and vacant parcels to RO; change B to LB. (See Figure Peconic I) As a result of the above zoning changes and the exclusion of the parcel from the study area, the zoning of the subject parcel (R-40) remained intact and the adjacent RO, B, HB and LI zones were applied to the surrounding properties through a succession of zone changes as recommended. The net effect of the rezonings was to isolate the subject parcel from adjoining residential districts. However, it also is important to note that post zoning change, the residential parcels remained in use as residential dwellings. The current zoning of the parcel is HB and R-40. The HB area lies to the rear of the property, abutting the LIRR easement. Due to the recent approval of a Lot-Line application, access to Peconic Lane from the subject parcel has been eliminated. Consequently, any proposed access to the subject parcel will be from CR 48. Based upon the above, the Planning Board rendered a decision at the July 29,2002 work- session to recommend a change of zone from the current use to Residential Office (RO) only. This change of zone would be consistent with the adjacent zoning districts. The Planning Board is not in favor of changing the zone on any part of the parcel to Limited Business (LB) at this time. /' , ' " " ,...,. jf\\\\,e t \0, , '" " ~ ~ ~ \,'"L_,~, '~"'''''"l \ g \ '" ,;,1, ~ \..b '~ i , \ r---""~'~-~~ , :,~.-._.._","'-' Peo ~ &" " <,.. ' , '4t" !' O-L~ / /~ See Section ~ 1 % ~ ~'~ \[}V) See " I ?rc';IiIjl1/- ~ Peconic 2 Intersection of Peconic Lane & LIRR Peconic te>a::lt!>l.e , . "fa P f'O ~/ No ro /-It:;, , '1'!'!""~' N~" --.- ""--.j . Existing Conditions: Unique historic character of area. . Existing stores, garage on LlRR. B&B in residential district, historic homes. Residential parcels surrounding existing commercial and railroad. Recommendations: Fortify business area with additional commercial zonings to liB and RO. _ _........,<'fI --.-. 1"-,;'..',-.1 ~ ~ .....- "h , . p- ~ ^T'''''!'''''" peconic 1 lntersection of Middle Road & Pauls Lane Peconic ~ - ".'!1"'.' , -, / '- ' , - ' " ' '- LI ~ ;' "1 . Existing Conditions: Mix of commercial industrial uses in rear adjacent to railroad. Frontage on CR 48 includes residential, gas station, and vacant. Recommendations: - Rezone existing residence and vacartP' parcels to RO; change B to LB. ';0\ _,. __ _ __ _ ...,',", __ _ _ _ ,.,.J"" ",_,~-_'__'''''''''''~-_C ... - - ..'" _..-- -----..----- -'-'- .~' --....--.-...--- J '''if.,.'''''''''" .," " JUL-24-2002 09:50 f To: Fax From: Date: Be: No. of Pages: (including Cover) 515 425 1257 P.01/02 NELSON, FOP!:: eM VOORHIS. LLC ENVIFlONI\I'ENTAL . PLANNING . CONSUL TtNG 57a WALT WHI""""AN ~O.A.O, MELvILLE, NY 1 17..e17 - aHlIS (53'\) 4e7-5BB5 FAX (5;:;11) ~~S-1e57 npIIlI!I:nelEionpope.COI"T"'l FAX COVER SHEET Elizabeth A. Neville 765-6145 Shana Lacey July 24, 2002 Screzec, Peconic NP&V #01299 2 Comments: Please feel free to call should you require additional infonnalion andlor have any questions. .. -' JUL-24-2002 09:50 516 425 1257 P.02/02 NELSON, PO"E &. VOORHIS, LLC ENVIRONMe.NTAI..' ~,1.ANNING ,; CONOI,JL1"INGI CHARLeS J, VOOAHli. CF.P, Alep. ARnlUR J. KOERBER, p,e;, , VII'.lCENT C,;. CONNfH.LY, RE. VICTOR BERT, P.E.. JOSEPH R, EPIFANIA,f',e,- FlOSERT G.NELSON. JR.. I"E July 23. 2002PAl" M. RAGZ, eL,S. Elizabeth A. Neville, Town Clerk Town of Southold RECEIVED Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 J U L 2 4 2002 ~outhold 'Town Clerl Re: Town of Southold. SEQRA Review Darin Skrezec Change of Zone . SCfM #1000-74-04-14.1 NP&V #01299 Dear Ms, Neville: In response to your fax and our follow-up telephone conversation today, 1 understand that the applicant has provided a revised Radius Map indicating the location and acreage of the desired zoning classifications, The Radius Map has been revised to indicate that the northeastern 0.92 acres of the site is proposed for RO Residential Office zoning, with the remainder of the site (or 2,732 acres) proposed for Ul Limited Business zoning. It is assumed that the proposed split zoning of the parcel is a precursor to allow for a future subdivision and each zoning district appears to meet the required zoning dimensional requirements, Further, each proposed zoning district maintains sufficient frontage on Middle Road (CR 48) to provide access to individual lots should a future subdivision. of the parcel be requested. The applicant bas indicated that the proposed LB zoning classification will allow for the use df his landscape business. Although the use of proposed RO zoning c\istrict is unknown, uses aUowed within this district include: one family dwellings, owner-occupied two-family dwellings, with uses subject to site plan approval including municipal buildings, fraternal organization buildings, bed and breakfast uses, professional oftices, churches, libraries, museums, art galleries. etc. and other small businesses. It is recognized that the applicant has revised th.e requested zoning designations in order to provide for transitional uses on a propeny located between 1-1 zoning dislricts to the west and the RO zoning to the east. Development within each zoning district will be subject to site plan review and substantial landscaping could be provided within each zoning designation to further buffer adjacent site uses. As per our previous correspondence. the Planning Board has been made aware of the lot line change application (ice. transfetring the small stiip of the site which created an eastern extension to Peconic Lane to the adjoining landowner of tax lot 16), Should the proposed zone change be approved, the applicant will be required 10 provide water hookup confirmation from the sew A and a Phase r archaeological survey will be completed for review and signoff by the NYS OPRHP, Considering this information, the Town Board may render a SEQR Determination of Significance and zone change decision and a Negative Declaration may be appropriate at the Board's discretion, NP&V would be pleased to further review any additional infonnation and/or provide a recommended Determination of Significance with further input'from the Board, cc; Valerie Scopaz Greg Yakaboski Sincerely, NELSr;' N Ol'E: 1/ . /~/ ' / K /' , harles J, V~S.LLC / ..~~ ~,/.z:.' tf? rhis, AICP. CEP 67e WALT WHITMAN F=lCAO, MEL.VI I.. I,.. =.. NY 11"747-21 ae (631) 427-EUiljinfiU;ji. FAX ta::31l 427.68190. w............nell!lont:lcpe.O::OI'f\ TOTAL P.02 . Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Main Road, Southold, N.Y. 11971 631 765-1800 tele. 631 765-6145 fax Fax To= Chick Voohrls From: Betty Nevllie Fax: 427 -5620[Ciick here and type fax number] Pages: 23 Phone: 427-5665 L.) -:2...5 - ) :)$~ Date: Re: Skrezec, Darin Re-evaluation C of cc: 7/23/2002 D Urgent X For Review Valerie Scopaz D Please Comment X Please Reply D PI_ Recycle . Comments: Chick: There seems to be some confusion on this one. Please review the attachments and call me. Thank you. Betty Neville WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville/ Town Clerk From: Planning Board j~, Date: July 12, 2002 Re: Proposed Change of Zone for Skrezec/Day/Leo Located on the south side of C.R 48 south of Peconic Lane in Peconic SCTM# 1000-74-4-14.3 The Planning Board concurs with review dated July 5,2002, conducted by Nelson, Pope and Voorhis. The application needs further clarification prior to a decision. In summary: 1. The applicant has supplied conflicting information regarding the change of zone. The applicant needs to clarify which zoning district the applicant is proposing to re-zone the property to. 2. The applicant's intent with regard to use ofthe northern property should be identified. Currently, the proposal suggests split-zoning of the parcel. 3. The applicant should identify ifthe property will be subdivided and how access to the proposed southern and landlocked LB zone portion ofthe property of the lot will be achieved. Based upon the above outstanding issues, a recommendation from the Planning Board on the above referenced project cannot be issued at this time. " NELSON,POP'E & VOORHIS, LLC ENVIRONMENTAL' PLANNING' CONSULTING CHARLES J. VOORHIS, CEP, AICP. ARTHUR J. KOERBER, P.E.. VINCENT G. DONNEllY, P.E. VICTOR BERT, P.E.' JOSEPH R. EPIFANIA, P.E.- ROBERT G, NELSON, JR" P:E. July 5, 2002 PAUL M, RAGZ, PlB, Elizabeth A. Neville, Town Clerk Town of Southold RECEIVED Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 JUL 1 6 2002 Re: Town of Southold, SEQRA Review Darin Skrezec Change of Zone SCTM #1000-74-04-14,1 NP&V #01299 Southord Town Clerl Dear Ms, Neville: I have reviewed the additional materials submitted by the applicant modifying the above referenced change of zone application to allow for the 3.7 acre site to be rezoned from R-40 Residential and HB Hamlet Business to LB Limited Business and RO Residential Office. Although the applicant indicates in the "Addendum" that the portion of the site adjoining the property to the east (currently zoned RO) is proposed to be rezoned to RO Residential Office with the remaining area (and southern portion of the site) which adjoins HB and LI zoning districts proposed to be rezoned to LB Limited Business, the "Radius Map for Zone Change" indicates that the entire subject parcel is proposed to be rezoned to LB. This discrepancy should be clarified by the applicant and resubmitted to the Town for review. The exact location and acreage of the zoning categories proposed for the parcel should be specifically indicated. Further, the "Addendum" states that the applicant is a landscape designer and contractor and that rezoning the southern portion of the parcel to LB would allow for use of his business. The applicant's intent with regard to use of the northern portion of the property should also be identified. As the proposal now seems to request split zoning of the parcel, the applicant should specify at this time if the subject property will be subdivided and how access to the proposed southern and landlocked LB zoned portion of the lot will be achieved. As stated in the Environmental Assessment Review prepared by this office on January 25, 2002, the applicant should indicate if the lot line change application (i.e, transferring the small strip of the site which created an eastern extension to Peconic Lane to the adjoining landowner of tax lot 16) which was reportedly submitted to the Planning Department on or before Tuesday June 12, 2001, has been submitted and approved. Further, the applicant should provide conformation that the SCW A can provide water to the site. Correspondence has been received from the NYS OPRHP (attached herein) indicating that a Phase! archaeological survey is warr"nteri for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. Although not necessary at this time as the proposed project involves only a change of zone application, the applicant should be made aware of this additional information and future requirement. Should you receive any additional information pertinent to this review, please contact me of feel free to forward same to this office. cc: Greg Yakaboski 572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 (831 J 427"5665' FAX (631 J 427-5820. www.nelsonpope.com ~TIOi<."". (A\ ~.i ~ NEW VORK STATE ; Bernadette Castro Commissioner New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Isiand, PO Box 189, Waterford, New York 12188-0189 518-237 -8643 March 6, 2002 Shana M. Lacey Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747-2188 Dear Ms. Lacey: Re: SEORA Skrezic Change of Zone/Peconic/CR 48 SCTM #1000-74-04-14.1 Southold, Suffolk County 02PR0997 Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP) concerning your project's potential ilnpact/effect upon historic and/or prehistoric cultural resources. Our staff has reviewed the documentation that you provided on your project. Preliminary comments and/or requests for additional info,rination are noted on separate enclosures accompanying this letter. A determination of impact/effect will be provided only after ALL documentation requirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed to the appropriate staff person identified on each enclosure. In cases where a state agency is involved in this undertaking, it is appropriate for that agency to detemline whether consultation should take place with OPRHP under Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law. In addition, if there is any federal agency involvement, Advisory Council on Historic Preservation's regulations, "Protection of Historic and Cultural Properties" 36 CFR 800 requires that agency to initiate consultation with the State Historic Preservation Officer (SHPO). When responding, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, ~, Pwy;orJ , Ruth L. Pierpont Director RLP:bsd Enclosure(s) An Equal Opportunity/Affirmative Action Agency Oprirltedonrecycladpapar , . ,~. '> ARCHEOLOGY COMMENTS 02PR0997 Based on reported resources, there is an archeological site in or adjacent to your project area. Therefore the Office of Parks, Recreation and Historic Preservation (OPRHP) recommends that a Phase I archeological survey is warranted for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase 1 survey is designed to determine the presence or absence of archeological sites or other cultural resources in the project's area of potential effect. The Phase 1 survey is divided into two progressive units of study including a Phase lA sensitivity assessment and initial project area field inspection, and a Phase IB subsurface testing program for the project area. The OPRHP can provide standards for conducting cultural resource investigations upon request. Cultural resource surveys and survey reports that meet these standards will be accepted and approved by the OPRHP. Our office does not conduct cultural resources surveys. A 36 CFR 6 I qualified archeologist should be retained to conduct the Phase 1 survey. Many archeological consulting firms advertise their availability in the yellow pages. The services of qualified archeologists can also be obtained by contacting local, regional, or statewide professional archeological organizations. Phase 1 surveys can be expected to vary in cost per mile of right-of-way or by the number of acres impacted. We encourage you to contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ground disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current photographs and/or older photographs of the project area which illustrate the disturbance (approximately keyed to a project area map), past maps or site plans that accurately record previous disturbances, or current soil borings that verify past disruptions to the land. Agricultural activity is not considered to be substantial ground disturbance and many sites have been identified in previously cultivated land. If you have any questions concerning archeology, please call Mike Schifferli at (518) 237-8643 ext. 3281. M. Schifferli 03/01/02 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To; Valerie Scopaz, Town Planner Gregory F. Yakaboski, Town Attorney EUn",", A. N""" ,..thold Towo ClUk@ Amended Change of Zone Application of Darrin E. Skrezec From: Re: Date: June 10, 2002 Attached please find a copy of the amended change of zone application of Darrin E. Skrezec for your review. cc: Supervisor & Town Board Members " -, 'f RECEIVED JUN 3 2002 PETITION NO. 118 AMENDED PETITION South old Town Clerk STATE OF NEW YORK TOWN OF SOUTH OLD IN THE MATTER OF THE PETITION OF DARRIN E. SKREZEC FOR A CHANGE OF ZONE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTH OLD, SUFFOLK COUNTY, NEW YORK. ................................................................... TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Darrin Skrezec , residing at 840 Clearview Ave., Southold, Suffolk County, New York, the undersigned, am the owner of certain real property Situated at the southside of Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane, and more particularly bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO. ALSO KNOWN AS SCTM NO.: 1000 -74 - 4 -14.1 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning designation of tax lot 14.1 from a mix of Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential-Office (RO). . 3. Such request is made for the Following reasons: Please see addendum attached hereto and made a part hereof. f)c<~., C. kJ~ Signature STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) DARRIN SKREZEC, BEING DULY SWORN, deposes and says that he is the Petitioner in the within action; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. j~ T. ?;~ Signature Sworn to me this 28th day of Mav, 2002 SCOTl' DESIMONE . Notary Public, State of New~' No 5055298 $ p Qua,rified In,~oun -z.- Commission Expires February 5, 2001 ADDENDUM The subject property is a vacant 3.9 acre parcel ,located on the south side of County Route 48, approximately 250 feet west of Peconic Lane in Peconic. It is currently improperly zoned as a result of adjacent property zoning districts and adjacent property uses. The subject property is currently split zoned, predominantly Residential (R-40) and partially Hamlet Business. The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential-Office (tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 were recently rezoned on the Town Board's own motion from Residential (R- 40) to Residential -Office (R-O) pursuant to the County Route 48 study. Where the overwhelming majority of parcels reviewed were recommended for a change of zone to a less intensive use, these adjoinin@ parcels were recommended for a more intensive use. The two adjacent properties to the west, lots 13 and 11, are zoned light Industrial. Lot 13 is configured as a flag lot and is improved with an aging 5,000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop. The property is constantly strewn with numerous autos. The next property to the west operates a stone and masonry yard with product always stored along the western property line. The subject property is not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. The Light Industrial zoning designation speaks for itself and does not permit any type of residential use whatsoever. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicated that a change of zone is needed. A request is being made to rezone to Limited Business and Residential Office. Limited Business and Residential Office have been identified in planning studies as transitional zoning districts. The property owner is a landscape designer and contractor and Limited business is the only zoning district that permits him to operate his business. As proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the of the parcel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. The change of zone request is in not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. . '12087PC158 SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Town of Southuld, County of Suffolk and State of New Y orlc, bounded and described as follows: BEGINNING at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four {4).courses and distanoes from the intersection of the westerly side ofPeconic Lane with the northerly side of Long Island Rail-Road: I. northerly 160,96 feet along the westerly side ofPeconic Lane; 2, North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side ofPeconic Lane to laDd n<>w or formerly of Julia Day Leo and Louise 0, Day; 3, RUNNING TIffiNCE along said lands South 55 degrees 18 minutes 10 seconds West, 175,00 feet; 4, RUNNING THENCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at . the point or place of beginning; RUNNING THENCE from said poiut ofbeginning, South 34 degrees 41 minutes 50 seconds East, 355,58 feet to land now or formerly of Dart; RUNNING THENCE along said lands the following two (2) courses and distances: I. South 55 degrees 18 minutes 10 seconds West, 50,00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135,79 feet to land now or formerly of the MfA (Long Island Rail Rnad); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or furmerly of Bauer Farms, Inc,; RUNNING THENCE along said lands the following two (2) courses and distances: I. North 37 degrees 04 minutes 50 seconds West, 163,00 feet; 2, South 55 degrees Q5 minutes 20 seconds West, 158,99 feet to land now or furmerly of Bauer Fanos, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312,39 feet to the southerly sidect'Middle Road (C,R. 48); RUNNING THENCE along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 minutes 40 seconds East, 406,98 fuet to the concrete monument at the point or place Of'BEGINNING. " APPLICAIIT TRANSACTIONAL DISCLOSURE FORK The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The ur ase of this form is to rovide 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: l)AJQJUIII G, -=:3J::I<FZer~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone )( Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you persona11y (or through your company, Spouse, Sib1ing, parent, or child) have a re1ationship 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 OYns 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 tllan 5% of the shares of the corporate stack 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 ~ay Of~~ Signature 12,,<....:. T ~l""""" Print name ~~N 5K<52eZ..-- .. Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 Julia Day 337 W. 21st Street, Apt. 5-B New York, N.Y. 10011 Edward Dart P.O. Box I, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. 2. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west ofPeconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (lIB) and Residential (R-40) 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) and Residential-Office (RO) 5. That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 27, 2002 By: Scott DeSimone. Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn Julia Day Edward Dart Bauer Farms Inc. MTA-LIRR 3305 Peconic Lane 105 Peconic Lane 2935 Peconic Lane 32860 Route 48 -None- P.O. Box 206, North Rd., Peconic, N.Y. 11958 337W.21stStreet,Apt.5_B, NewYork,N.Y.IOOII P.O. Box I, Peconic Lane, Peconic, N.Y. 11958 Bay Avenue, Cutchogue, N.Y. 11935 Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK)) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of South old; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. imone Sworn to me this 30th day of May, 2002 csz~~ Nary Pu 'c SCOTT DESIMONE Notary PubliC, Slate of New York No, 5055298 S... J" ~./ QuaHfled InNoi);:)cJU" County ~ CommisSion Expires February 5. 2091' . 14-16-2 (2f87)-7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SE Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proj' or action may be significant. The question of whether an action may be significant is not always easy to answer. Freque Iy, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determi significance may have little or no formal knowledge of the environment or may be technically expert in environ men analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinati process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actk 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 proje 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 provid guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall 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 ti impact is actually important. DETERMINA TION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 Part 1 0 Part 2 oPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that. o 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. o 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.' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action 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(lf different from responsible offieee) Date 1 .' PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant ef on the environment. Please complete the entire form. Parts A through E. Answers to these questions will be consid, as part of the application for approval and may be subject to further verification and public review. Provide any add it;' 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 inv.: new studies. research or investigation. If information requiring such additional work is unavailable, so indicate and spe. each instance. NAME OF ACTION tl CITY/PO ADDRESS NAME OF OWNER (If different) '040 CL ZIP CODE ADDRESS CITY/PO ZIP CODe DESCRIPTION OF ACTION c.HfW~ OF 7...0Ntr! 12.- &.to ~ H& to L6 -! {l..o . 1 I Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) DForest OAgriculture DOther Ji )(Rural (non-fa" 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Un vegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) acres. At PRESENTLY AFTE'ifOMPLETION acres acres acres acres acres acres acres acres acres acres. acres acres acres acres acres acres 3. What is predominant soil type(s) on project site? -,;;; p a. Soil drainage: ~Well drained 100 % of ..ite DPoorly drained % of site b. If any agricultural/and is involv~/A,hOW many acres of soil are cI.aSSified within soil group 1 Land ClaSSlhcatlon System? acres. (See 1 NYCRR 370) 4 Are there bedrock outcroppings on project site? DYes ~No a. What IS depth to bedrock? t-l~~ (in feet) -.::sOIL 1-5.~ I DModerately well drained % of site through 4 of the NY 2 , , 5. Approximate percentage of proposed project site with slopes: )11'0-10% (J 015 % or greater site, or district, listed % 010-15% 6. Is project substantially contiguous to, or contain a building, Registers of Historic Places? DYes .II(No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? . I 8. What is the depth of the water table? ;10-.50 (in feet) . % on the State or the Nation. DYes ~N 9. Is site located over a primary, principal, or sole source aquifer? p(Ves DNa 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes )(!No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered DYes ft(No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations DYes ~No Describe 13. 14. Is the project sitvresently used by the community or neighborhood as an open space or recreation area~ DYes ~No If yes, explain Does the present.sje include scenic views known to be important to the community? DYes A'No . Streams within or contiguous to project area: NONE a. Name of Stream and name of River to which it is tributary 15. 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name 17. Is the site served by -';xisting public utilities? ~es DNo J WArTl~ f'VR. a) If Yes, does sufficient capacity exist to allow connection? DYes DNo ~~ F8Ow1 b) If Yes, will improvements be necessary to allow connection? )i[Yes DNo ~ Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2s-AA, Section 303 and 304? DYes ~No . Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6171 DYes f)(No Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~No /JON€"' b. Size (In acres) 18. 19. 20. B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) . I a. Total contiguous acreage owned or controlled by project sponsor ~ acres. b. PFOject acreage to be developed: f) acres initially; --=F-- acres ultimately. c. Project acreage to remain undevelJ~ed () acres. d. Length of project, in miles: tJ (If appropriate) · "'h. ,co'oe< " '0 """"0, 'odi",. ,."." O~I~"'O" ,,",wd -Mh- %, f. Number of off.street parking spaces existing ; proposed ~. g. Maximum vehicular trips generated per hour . (upon completion of project)? h If residential. Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i DimenSions (In feet) of largest proposed structure ~ height, -.1f/.!- Width, Linear feet of frontage along a publiC thoroughfare project Will occupy IS' -4-or 3 " 2, How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? DYes DNo ~N/A a. If yes, for what intende" purpose is the site being reclaimed? b, Will topsoil be stockpiled for reclamation? DYes DNo c. Will upper subsoil be stockpiled for reclamation? DYes o tons/cubic yards DNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N! A acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes jJ(No , 6. If single phase project Anticipated period of construction ~! " months, (including demolition]. 7. If multi-phased: .II. a. Total number of phases anticipated 'fA ',~nfmber). b. Anticipated date of commencement phase 1 1.11 A- month c. Approximate completion date of final phase ~ I A- month d. Is phase 1 functionally dependent on subsequent p~ases? DYes 8. Will blasting Occur during construction? DYes ,)(No 9. Numberof jobs generated: during construction~; after project is complete 10. Number of jobs eliminated by this project JJ 11\ . I 11. Will project require relocation of any projects or facilities? DYes ~o year, (including demolition). year. DNo If yes, explain 12. Is surface liquid waste disposal involved? DYes -krNo 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? DYes )l!No Type 14. Will surface area of an existing water body increase or decre'ase by proposal? DYes )tfNo Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes No 16. Will the project generate solid waste? DYes pfNO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes DNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? DYes ~o tons/month. 18. Will project use herbicides or pesticides? DYes years. ll(N"0 19. Will project routinely produce odors (more than one hour per day)? DYes ~o 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? DYes )if No If yes, indicate type(s) DYes M'No 22. If water supply is from wells, indicate pumPin, capacity IJ )A 23 Total anticipated water usage per day tJ A gallons/day. , gallons/minute 24. Does project involve Local, State or Federal funding? If Yes, explain DYes ~o 4 ,. '25. Approvals Required: Type City, Town, Village Board l(Yes DNo IOWN ~ City, Town, Village Planning Board DYes XlNo City, Town Zoning Board DYes JClNo City, County Health Department DYes r('N 0 Other Local Agencies DYes 'lfiJ.No Other Regional Agencies DYes ~No State Agencies DYes ~o Federal Agencies DYes Bf'N 0 Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~es ___ If Yes, indicate decision required: t(zoning amendment Dzoning variance Ospecial use permit Dsubdivision Osite plan Dnew/revision of master plan Dresource management plan Dother 2. What is the zoning classification(slof the site? p.-J./O 1, HIffotlLIr/ ~{)~1 n~ , 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 10. 11. 4. What is the proposed zoning of the site? Lh'lll'Teb ~1A1E!'~S E, 128'51 f)t!f/JTI*'- tJFP'\Cg: . 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? :In'/. i ct- (' <7AJ-eA ~ OIt/h'A pLA. 7~ cLll~ n. ~ '3~ ~~# 6. Is the proposed action consistentCl.,ith the recommended uses in adopted local land use plans? ~es D~. 7. What are the predominant land use(s) and zoning classifications within a V. mile radius of proposed action? ~E:SIOP.lJTIt+L /IlFFfrffJ ':I41~M-1 H/fftl/J:>f &t51~S, LlIIs/~, t/II1J'Tld:> t!nIs/~ 8. Is .the proposed action compatible with adjoining/surrounding land uses within a ~ mile? Xves ON 9. If the proposed action is the subdivision of land, how many lots are proposed? A./II'J a. What is the minimum lot size proposed? Will proposed action require any authorization(s) for the formation of sewer or water districts? Will the proposed action create a demand for any community provided services (recreation, fire protection)? DYes ~o a. If yes, is existing capacity sufficient to handle projected demand? DYes DNa Will the proposed action result in the generation of traffic significantly above present levels? . a. If yes. is the existing road network adequate to handle the additional traffic? DYes DYes ~ education, polie, 12 DYes ~( DNo. D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate c avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge Applicant/SPr1or Name ~iULj ;:5'~~ _ Date .s'.;),"0 '2 Signature Vl"<~..": (. ..J[ Title I')U)/V!r7:? If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedin with this assessment. 5 I. <. 12087pr158 SCJn!:l>VL'" A - D"'''ClUI'TIUN ALL that certain plOt, piece or parcel crf land, situate. lying and being at Pecanic, in the Town of Sou~County of Suffolk and State of New York, bounded and descn"bed as follows: ~G at a monument set on the sou1herly side of Middle Road (C.R 48) distant the fullowing four *,,).oomsesand .distances from the intersection crf the westerly side crf Peconic Lane with the northerly side flfT ""1L 1sland Rail Road: 1. .IIl3Hherly 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50seconds West, 10.00 feet along the westerly side ofPeconic Lane to land noW.or funnerly of Julia Day Leo and Louise 0. Day; 3. RUNNING TIffiNCE along said lands South 55 degrees 18 minrrtes 10 seconds West, 175.00 fuel; 4. RUNNING THENCE, North 34 degrees 41 minrrtes 50 seconds West, 34558 feet to the monument at the point or place of beginning; RUNNINQ THENCE from said point of beginning, South 34 degrees 41 minutes 50 seconds East, 355..58 fuel to land now or formerly of Dart; RUNNING THENCE along said lands the fullowing two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or furmerly crfthe MTA (Long Island Rail Road); RUNNING TIffiNCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or furmerly of Bauer Farms, Inc.; RUNNING THENCE along said lands the following two (2) courses and distances: L North 37 degrees 04 minutes 50 seconds West, 163.00 fuel; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly crfBauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the . southerly side crf Middle Road {C.R 48); RUNNING THENCE along the southerly side crfMiddle Road (C.R 48) North 52 degrees 48 minutes 40 seconds East, 406.98 feet 10 the concrete monument at the point or place af'BEGINNING. .,...71:'-= '. I '. ',. " :.-- )lti, . . - - ___.::1.- _.10. h --..- '~O'I "., 111 ~ 11,.... W'J i . gt~ a~ n~ \ ) j '! (',;., "t~ ' , " N W-t-E S TAX MAP No. 1000-74 -2-15 RICH FRANKLIN OVERTON -2-16 COUNTY OF SUFFOLK - 2-11 SUFFOLK COUNTY 0IATER AUTHORITY -2-22.1 EMANUEL G SFAELOS -2-35 BARBARA FlENER BOKINA ! JOHN E BOKINA -2-31.2 CAROL HYDELL ! CHARLES HYDELL - 2-31.3 CAROL HYDELL -3-q.1 MTA LONG ISALAND RAIL ROAD -3-12 MARGARET N SHAKESPEARE -3-13 JOAN MUNSTER! DOROTY VICTORIA -3-14 GLORIA 0IAXLER ! SIDNEY 0IAXLER -3-15 LEE I BENINATI, MARIE BENINATI ! ED0IARD D DART -3-16 PATRICK ADIPIETTRO ! ROBERT ADIPIETTRO -3-17 OLIVE HAIRSTON MURRAY -3-lq.2 KEVIN TERRY -3-lq.3 KENNETH L DICKERSON JR ! KENNETH L DICKERSON SR -3-20 ALICE M PLA TON -3-24.1 T00lN OF SOUTHOLD -4-5 JOHN P KRUPSKI AND BROTHERS INC -4-7.1 LEON PETROLEUM LLC -4-q ANDREAS PALlOURAS a STACY PALlOURAS -4-10 REGINA LORAH, CHESTER MISLOSKI a ROSE V ANDUSER -4-11 ROBERT H CHILTON -4-12.1 MTA LONG ISALAND RAIL ROAD -4-13 BAUER FARMS INC. -4-14.2 ED0IARD DART a JUDY DART -4-15 PAUL McGLYNN -4-16.1 JULIA DAY LEO -4-11 CATHY STANK00lICZ a GERAD STANK00lICZ -4-15 ED0IIN FISHEL TUCCIO -5..1 BENNETT SYKES BLACKBURN a LOUISE BLACKBURN -5-4.1 IRENE HOLMES a BRIAN MOZER -5-5 KELL Y BENNETT ! TRACY BENNETT -5-q .2 GEORGE KOKKINOS a MARINA KOKKINOS -5-6 T00lN OF SOUTHOLD 1000-56 -1-3.4 B. J REALTY N^ TURE OF ZONING N:TlON: SU5JECT PAACEL CURRENTLY SPLIT ZONED R-<40 & He. PROPOSED TO eE REZONED TO Le & RD. 00000000000000000000000 """""" oooocOOOOOOOOOODDDOOOOOO ",,",,",,",,",,",," 000000000000000000000000 111111111111111111111111 ",,",,",,",,",,",," """"""" 000000000000000000000000 """"",",,0 ~~~~ ~~~~~ ~ ~ I! I!!!!!!!! I g OI'I! PIS-TRIGT R( 4OD"!!S SF OR 0.<12 ~ ~~~---p~~~ti~n;~o YOYO'v'oYoYoYoy ~ggZONE DISTRICT LB~g ",,",,",,",,",,",," g~~ Uq.olO SF :g ggg OR 2,132 AGRES :g """OQQQ 00000000000000000000000 00000000000000000000000 g~gggg~~gggggggg~ggggggggggggggggggggg 00000000000000000000000000000000000000 ODOODOOOOOODDDODODOOCODDOODDDOOOODOODO 0000000000000000000000 ooooooo,omooo"ooF 00000000000000000 00000000000000000 iiiiiiiiiiiiiiiii ~nnnnnnnn RECEIVED JUN 3 2002 Cioufhold Town Cler" 'Jr""'"CC,'","Ollscabc,,,, """.t;o,.tG~.",v m"Pc"oc;"g~ ;IO'''"'''''~.",ve~cc'"''''''" vie all,o of .e<<tCn '~Oq, ",o-dlvlslon 2, 01 t ....~ "-Cck=lat"Ed'OQlIGoW 00'\ oo~,~. h""" the c"g~'" of th" 'orv "',,",<>0 ~':h ao ~';gl."" CF tog 'Q,,"'",vayo """I'M _aol ,h~" ~s Ga05'~~'BO '" t6 volld te CO~'< c'e-"r,OQ"O", '''''",,,,'..~ "eeS"" ''9''''~ '''''' " ;,~~~"~~~Z'S':!'a~~.~ ';o~\~~;~a;:'~a~;~h a::p~ by ,,,~ Ns~ Yo,' Stats A..oG""'O~ cl Pee'a.-Ia, LQno Su'vayc'., So'd "e'tl'I<~"G"" .h~" "0" c' th~ "ac'~' fe, <<"0'" ,he ""'~, ," P"~poc, ~~:;~~n~~O~~"~~~~!no~:~~'~:~;~,~f~ ~~ZE~~~ ~'B .cel lmn,F"'<x>le Le ~dd'lIC""J In.ellol'o JOHN C. EHLERS LAND SURVEYO: 6 EAST MAIN STREET N.Y.S. LIe. NO. 5020 RIVERHEAD. N.Y. 11901 369-8288 Fax 369-8287 \\lIP SERVER\DIPROSI20-240rad.pro """!>12""2""""""__~,,,,,,,,,,, , " 1- --- .------------- ---- ---- ---------- --- I RADIUS MAP FOR ZONE CHANGE SIlVA TE: PECONIC, TOWN: SOUTHOLD SUFFOLK COUNTY, NY SUFFOLK COUNTY TAX # 1000-14-4-14.1 05-14-01,05-2<1-01 APPLICANT, DARRIN SKREZEC 840 CLEARVIEW AVENUE SOUTHOLD, NY 11"111 '):\'e ----- - - -u~... ... - - \)\Si.'?-\.- .-_. _ __- ..-..-- 1-0't;\t:.. --- -- '. el \)\s i.,?-\Ci. '?- - 10't;\t:.. _ __~b< ,\/.J- ZONE DISTRICT A-C ! 0RAPHIC SCALE l~ 1"= 200' ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou thold town. northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD To; Valerie Scopaz, Town Planner Gregory F. Yakaboski, Town Attorney EU",_ A. N~;U. Soo"old Towo c~,.@ Amended Change of Zone Application of Darrin E. Skrezec From: Re: Date: June 10, 2002 Attached please find a copy of the amended change of wne application of Darrin E. Skrezec for your review. cc: Supervisor & Town Board Members .I! ( , . RECEIVED JUN 3 2002 PETITION NO. 318 AMENDED PETITION Sou/hold Town Clerk STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF DARRIN E. SKREZEC FOR A CHANGE OF ZONE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. ......................................................,,,.......... TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Darrin Skrezec , residing at 840 Clearview Ave., Southold, Suffolk County, New York, the undersigned, am the owner of certain real property Situated at the souths ide of Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane, and more particularly bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO. ALSO KNOWN AS SCTM NO.: 1000 -74 - 4 -14.1 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning designation of tax lot 14.1 from a mix of Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential-Office (RO). , 3. Such request is made for the Following reasons: Please see addendum attached hereto and made a part hereof. JJc.~.' C. kJ~ Signature STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK) DARRlN SKREZEC, BEING DULY SWORN, deposes and says that he is the Petitioner in the within action; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. j~ c.~~ Signature Sworn to me this 28th day ofMav, 2002 SCOTT DESIMONE Notary PUbil.C, State of New ~ No. 5055298 -SlY Qualified In ~oun Z-- Commission Expires February 5. 2001 ADDENDUM The subject property is a vacant 3.9 acre parcel ,located on the south side of County Route 48, approximately 250 feet west of Peconic Lane in Peconic. It is currently improperly zoned as a result of adjacent property zoning districts and adjacent property uses. The subject property is currently split zoned, predominantly Residential (R-40) and partially Hamlet Business. The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential-Office (tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 were recently rezoned on the Town Board's own motion from Residential (R- 40) to Residential-Office (R-O) pursuant to the County Route 48 study. Where the overwhelming majority of parcels reviewed were recommended for a change of zone to a less intensive use, these adjoining parcels were recommended for a more intensive use. The two adjacent properties to the west, lots 13 and 11, are zoned light Industrial. Lot 13 is configured as a flag lot and is improved with an aging 5,000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop. The property is constantly strewn with numerous autos. The next property to the west operates a stone and masonry yard with product always stored along the western property line. The subject property is not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. The Light Industrial zoning designation speaks for itself and does not permit any type of residential use whatsoever. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicated that a change of zone is needed. A request is being made to rezone to Limited Business and Residential Office. Limited Business and Residential Office have been identified in planning studies as transitional zoning districts. The property owner is a landscape designer and contractor and Limited business is the only zoning district that permits him to operate his business. As proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the of the parcel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. The change of zone request is in not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. 12087PC158 SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Town of Soothold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Middle Road (C.R 48) distant the following fout (4) .courses and distances from the intersection of the westerly side of Peconic Lane with the northerly side of Long Island Rai!.1Wad: l. northerly 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side ofPeconic Lane to land 1WW or formerly of Julia Day Leo and Lonise O. Day; 3. RUNNING THENCE along said lands South 55 degrees 18 minntes 10 seconds West, 175.00 feet; 4. RUNNING THENCE, North 34 degrees 4] minutes 50 seconds West, 345.58 feet to the monument at the point or place of beginning; RUNNING THENCE from said point ofbeginning, South 34 degrees 41 minutes 50 seconds East, 355.58 feet to land now or formerly of Dart; RUNNING THENCE along said lands the following two (2) = and distances: I. Sooth 55 degrees 18 minntes 10 seconds West, 50.00 feet; 2, South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or formerly of the MTA (Long Island Rail Road); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or formerly ofBaner Farms, Inc.; RUNNING THENCE along said lands the following two (2) courses and distances: I. North 37 degrees 04 minntes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Baner Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minntes 50 seconds West, 312.39 feet to the SOlItherly side of Middle Road (C.R. 48); RUNNING THENCE along the southerly side of Middle Road (C.R 48) North 52 degrees 48 minutes 40 seconds East, 406.98 feet to the concrete monument at the point or place o['BEGINNJNG. APPLICANT TRANSACTIONAL DISCLOSURE FORK 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 NAME: 'DA,z.e.,IN G. -:::5~,4F.Ze7' / (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone )( Approval of plat _____ Exemption from plat or official map Other (If "Other," name the activity.) Do you persona11y (or through your company, SpOuse, siblingr 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 emp10yment 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. parent, _A) The town officer or employee or his or her spouse, sibling, or child is (check all that apply): the owner of greater than 5% of the shares of the corporate stock of the -applicant (when the applicant is a corporation); the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; an officer, director, partner, or employee of the applicant; or the actual applicant. _B) _C) _D) DESCRIPTION OF RELATIONSHIP ~ Submitted this ~ay Of~~ Signature a~A--:' T ~-'-<-. Print name ~'I2.!N 5KJ(.lize7:-- " Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 Julia Day 337 W. 21" Street, Apt 5-B New York, N.Y, 10011 Edward Dart P.O. Box I, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. 2. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west ofPeconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (lIB) and Residential (R-40) 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) and Residential-Office (RO) 5. That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing, Dated: May 27, 2002 By: Scott DeSimone, Esq. Attorney for Petitioner 41780 Route 25 Pee on ie, New York 11958 (631) 765-3535 PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn Julia Day Edward Dart Bauer Farms Inc. MTA-LIRR 3305 Peconic Lane 105 Peconic Lane 2935 Peconic Lane 32860 Route 48 -None- P.O. Box 206, North Rd., Peconic, N.Y. 11958 337 W. 21st Street, Apt. 5-B, New York, N.Y. 10011 P.O. Box I, Peconic Lane, Peconic, N.Y. 11958 Bay Avenue, Cutchogue, N.Y. 11935 Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK)) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. [mane Sworn to me this 30th day of May, 2002 ~~ Nary Pu . c SCOTT DESIMONE Notary Public, Slale of New Vorl< No, 5055298,y"" J QuaHfied In, Na,H'dlJ County"' , Commission Expires February 5. 2007 . . 14-16-2 (2/B7)-7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEI Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proj' or action may be significant. The question of whether an action may be significant is not always easy to answer. Freque Iy, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determi significance may have little or no formal knowledge of the environment or may be technically e.xpert in environmen analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinati process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actk 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 projc data, it assists a reviewer in the analysis that takes place in Parts 2 and .r: Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provid guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall 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 tJ impact is actually important. DETERMINATION OF SIGNIFICANCE_ Type 1 and Identity the Portions of EAF completed for this project: 0 Part 1 Unlisted Actions o Part 2 OPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that. o 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. o 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.' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared, . A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Prrnt or Type Name of Responsible Officer in Lead Agency Title of ResponSible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer{lf different from responsible officer} Date 1 PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant ef on the environment. Please complete the entire form, Parts A through E Answers to these questions will be consid, as part of the application for approval and may be subject to further verification and public review. Provide any additi, 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 inv, new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe each instance. NAME OF ACTION ADDRESS CITY/PO NAME OF OWNER (If dlfferent) ADDRESS '040 CL VI CITY/PO ZIP CODE DESCRIPTION OF ACTION C-HfW~e OF Z.ON~! P.-YO ~ He:, to L6 -l fl.,t) ., I Please Complete Each Question-Indicate N.A, if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Olndustrial OCommercial OResidential (suburban) OForest OAgriculture OOther J-} ~ural (non-fa, 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tid~1 as per Articles 24, 25 of ECl) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) acres. l.f PRESENTLY AFTE'LfOMPlETION acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres 3. What is predominant soil type(s) on project site? -r.::;-p a Soil drainage: ;(Well drained 100 % of ,ite OPoorly drained % of site b. If any agricultural land is involv~JA how many acres of soil are cl,assified within soil group 1 through 4 of the N' Land Classification System? acres. [See 1 NYCRR 370) 4. Are there bedrock outcroppings on project site? DYes ~No a. What is depth .to bedrock? tJ-,~ (in feet) "::SClll I -SA-O-D , OModerately well drained % of site 2 5. Approximate percentage of proposed project site with slopes: )(1'0-10% 0 015% or greater % 010-15% % 7. 8. 9. Is site located over a primary, principal, or sole source aquifer? 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere' DYes KNO According to Identify each species 12. Are there any unique or unusual land forms on the project site? (ie., cliffs, dunes, other geological formation DYes AfNo Describe 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation Registers of Historic Places? DVes .r~(No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? . , What is the depth of the water table? ,),0-.50 (in feet) DVes ~ jl(Yes DNo DYes ~o 13. 14. 15 the project site presently used by the community or neighborhood as an open space or recreation area DYes )fNo If yes, explain . Does the present" s.!}e include scenic views known to be important to the community? DVes ~No Streams within or contiguous to project area: NONE 3. Name of Stream and name of River to which it is tributary 15. 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name AltJN~ b. Size (In acres) Is the site served by existing public utilities? ~es DNo a) If Yes, does sufficient capacity exist to allow connection? b) If Ves, will improvements be necessary to allow connection? 15 the site located in an agricultural district certified pursuant Section 303 and 304? DVes INN 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 NVCRR 617/ DVes tli1'No 20. Has the site ever been used for the disposal of solid or hazardous wastes? DVes ~No 17. 18. DVes DNo J ~~8QM ,)lVes DNo ~ to Agriculture and Markets Law, Article 25-AA B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) . I a. Total contiguous acreage owned or controlled by project sponsor ----=Et--- acres. b. PfOject acreage to be developed: rJ acres initially; ----=f- acres ultimately. c. Project acreage to remain undevell~ed () acres. d. Length of project, in miles: tJ (If appropriate) , " "" "m,." " '" ""'0""". '0""" ""'M "~l~"';O" ""0"'" _._ %. f. Number of off-street parking spaces existing ; proposed ~. g. Maximum vehicular trips generated per hour . (upon completion of project)? h If residential. Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately DimenSions (In feet) of largest proposed structure ~ height; Jj+ J. Linear feet of frontage along a public thoroughfare project will occupy ISI width; '*~ 11 JIt length ft. 3 2. How much natural material (i.e, rock, earth, etc.) will be removed from the sitel 3. Will disturbed areas be reclaimed? DYes DNo P(N/A a. If yes, for what intend,~ purpose is the site being reclaimedl b. Will topsoil be stockpiled for reclamation? DYes DNa c. Will upper subsoil be stockpiled for reclamation? DYes DNa 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? IV/A 5. Will any mature forest (over 100 years old) or other locallv-important vegetation be removed by this project? DYes P(No . _ 6. If single phase project: Anticipated period of construction ,J! J\ months, (including demolition). 7. If multi-phased: ./1. a. Total number of phases anticipated 'fA . \"J'mberl b. Anticipated date of commencement phase 1 VI A- month c. Approximate completion date of final phase .// A- month d. Is phase 1 functionally dependent on subsequent phases? DYes 8. Will blasting occur during construction? DYes .)(NO 9. Number of jobs generated: during construction ~; after project is complete 10. Number of jobs eliminated by this project JJ /1\ . 11. Will project require relocation of any projects or 'facilities? DYes ~o o tons/cubic yards acres, year, (including demolition). year. DNa If yes. explain 12. Is surface liquid waste disposal involved? DYes .kfNo a. If yes, indicate type of waste (sewage, industrial, etc.l and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? DYes J1{r-<0 Type 14. Will surface area of an existing water body increase or d~cre<ase by proposal? DYes ,)\fNo Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes No 16. Will the project generate solid waste? DYes P(NO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes DNa e. If Yes, explain 17. Will the project involve the disposal of solid waste? DYes .~o 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? DYes ~o 19. Will project routinely produce odors (more than one hour per day)? DYes ~o 20. Will project produce operating noise exceeding the local ambient noise levels? DYes ~o Will project result in an increase in energy use? If yes, indicate type(s) If water supply is from wells, indicate pumPin, capacity IJ ,JA 23 Total anticipated water LJsage per da.y ~ I A gallons/day. Does project involve Local, State or Federal funding? DYes If Yes. explain 21. DYes )if No 22. gallons/minute. 24. ~o 4 .. 25. Approvals Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies Type Submilta Date 1(Yes DNo DYes XlNo DYes l1No DYes Il(N 0 DYes ~No DYes ~No DYes ~o DYes g(NO IOWNboJ\fU> C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~es __ If Yes, indicate decision required: t(zoning amendment Dzoning variance Dspecial use permit Dsubdivision Dsite plan Dnew/revision of master plan Oresource management plan Oother 2. What is the zoning c1assification(s)of the site? fl.-lio J, H~L.ET t\U"'111~ I 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? LIl'l1rTeb ~IAll!'~ e. rZ851f)gJJ"[f1'l1.. OFP'll't{ . 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? :J.D'/. i cfr"'AI-t'A~ ..v1lfA pLA. 7~ cl-uJ~ n. ~ 32;(IY1)~~ 6. Is the proposed action consistent~ith the recommended uses in adopted local land use plans? ~es G 7. What are the predominant land users) and zoning classifications within a V. mile radius of proposed action' Rr:sl O<=ru'TfA-L III FF-frF' J '":l41~M.../ H~~ MSJItf03:S 1 Ll(/S/~, t/lI1I'1Y1:> rt-v.sn'- 8. Is .the proposed action compatible with adjoining/surrounding land uses within a ~ mile? !(Ves Oi 9. If the proposed action is the subdivision of land, how many lots are proposed? AlI,q a. What is the minimum lot size proposed? Will proposed action require any authorization(sJ for the formation of sewer or water districts? Will the proposed action create a demand for any community provided services (recreation, fire protection)? DYes ~o . a. If yes, is existing capacity sufficient to handle projected demand? DYes DNo 10. 11. DYes )iQ1 education, po iii 12. Will the proposed action result in the generation of traffic significantly above present levels? DYes DYes DNo. ~ . a. If yes, is the existing road network adequate to handle the additional traffic? D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. VerificCltion I certify that the information provided above is true to the best of my knowledge APpllcant/Sp:?"yor Name ~RALj zr~€?! _ Date .s,.;).,'O 2 Signature Vt'" A ..:: T. fi Title I!l U )/V1-?7!? If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedil with this assessment. 5 '. 12087pr158 SCl'l'E:t>U'LE A - IJECSCR.IYTrON ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Town of Sou~County of Suffolk and State of New York, bounded and descnbed as follows: ~G at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four {'l-)COO=and <listances from the intersection of the westerly side of Peconic Lane with the northerly side flfi ""lL 1sland Rail Road: t .EmtllerJy 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feel along the westerly side ofPeconic Lane to land now <>r formerly of Julia Day Leo and Louise O. Day; 3. RUNNING TIffiNCE along sajd lands South 55 degrees 18 minutes ]0 seconds West, 175.00 feet; 4. RUNNING THENCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at the point or place of beginning; RUNNING TIlENCB from said polnt of beginning, SOuth 34 degrees 41 minutes 50 seconds East, 355..58 feet to land now or formerly of Dart; RUNNING THENCE along sajd lands the following two (2) courses and distances: I. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or formerly of the MTA (Long Island Rail Road); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands the following two (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the southerly side of Middle Road {C.R 48); RUNNING THENCE along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 minutes 40 seconds East, 406.98 feet to.the concrete monument at the point or place ar'BEGlNNlNG. -' - 7L' '- . - ~- I I' _:.c.- , . }<ttl ..- -_.::l.- *1'1'I.~" .._~.- I~ '"' "' III ... 11 ><I'" Y' J i ~ g; i a~ n~ ARTICLE VIII, Limited Business (LB) District [Added 1-10-1989 by L.L. No. 1-1989EN(1); amended 5-9-1989 by L.L. No. 6-1989; 8-1-1989 by L.L. No. 5-1989; 11-29-1994 by L.L. No. 26-1994; 2-7-1995 by L.L. No. 3-1995; 8-22-195 by L.L. No. 18-1995; 10-19-1999 by L.L. No. 14-1999] ~ 100-80. Purpose. The purpose ofthe Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. ~ 100-81. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (I) Any permitted use as set forth in and regulated by S IOO-3IA of the Agricultural-Conservation District except wineries, which shall be as set forth in Subsection A(9) below. (2) Retail businesses complementary to the rural and historic character ofthe surrounding area, limited to the following: (a) Custom workshops and machine shops. (b) Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three feet of the property line. (c) Libraries or museums. (3) Professional and business offices. I (4) Funeral homes. (5) Restaurants, except drive-in restaurants or formula restaurants. (6) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (7) Hotels. (8) Retail uses supplemental to the service business establishment. (9) Wineries which meet the following standards: (a) Wineries shall be a farm winery licensed under New York State law from which wine made from primarily Long Island grapes is produced and sold. (b) Wineries shall obtain site plan approval. (c) Wineries shall have retail sales on site. (10) Bed-and-breakfast uses as set forth in and as regulated by Ii 100-3IB(I4). (11) Private warehousing. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: (1) Any special exception use as set forth in and regulated by Ii IOO-3IB of the Agricultural-Conservation District, except that wineries are not required to be in connection with a vineyard, and except bed-and-breakfasts. (2) Contractors' businesses or yards, including but not limited to building, electrical and plumbing yards. (3) Telephone exchanges. (4) Antique, art and craft shops and galleries. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by Ii 100-3IC(I) through (8) and (10) of the Agricultural-Conservation District, and subject to the conditions set forth in Ii 100-33 thereof 2 (2) Outside storage of equipment, supplies and materials associated with any of the normal operations of the principal use, provided that the storage is adequately screened along the road frontage and contiguous residential lots with natural vegetation, landscaping, fencing and/or as shall be deemed appropriate by the Planning Board. ~ 100-82. Bulk, area and parking regulations. A. Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. EN(2) B. The Planning Board may grant a limited waiver from the applicable bulk requirement for minimum lot size to a minimum of 40,000 square feet where it can be clearly demonstrated that the subject parcel has been held in single and separate ownership since January 10,1989, or earlier, based on competent evidence thereof pursuant to: (I) Chain of title certified by a title or abstract company or duly licensed attorney-at-law; and (2) A survey prepared by a licensed surveyor describing the subject premises and all contiguous property. ~ 100-83. Front yard setbacks. A. Structures shall be set back at least 100 feet from the right-of-way. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street. The setbacks of multiple structures on a parcel may vary, provided that the average setback ofthe structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. ARTICLE IX, Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-1989EN(3)] 3 ~ 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. ~ 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-1995] Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(I), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (I) Any permitted use set forth in and regulated by S 100-3IA(I) and (3) of the Agricultural-Conservation District. (2) Any permitted uses as set forth in and as regulated by S 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-1994] (8) Bakeshops (for on-premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (II) Artists' and craftsmen's workshops. 4 (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (IS) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed-and-breakfast uses as set forth in and as regulated by S 100-3IB(14). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (I) Any special exception use set forth in and as regulated by S 100-3IB(3) to (6) and (13) and (14) of the Agricultural-Conservation District. (2) Multiple dwellings and townhouses. (3) Motel and hotel uses as set forth in and regulated by S 100-6IB(4) of the Resort Residential (RR) District, except that minimum lot size shall be three (3) acres. [Amended 7-31-1990 by L.L. No. 16-1990] (4) [Amended 12-12-1989 by L.L. No. 23-1989] Apartments may be permitted overretail stores and business, professional and governmental offices, subject to the following requirements: (a) The explicit written approval of the Town Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. (b) The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York 5 State Uniform Fire Prevention and Building Code and the Sanitary Code. (c) There shall be no more than three (3) apartments created or maintained in any single building. (d) Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. (e) Each apartment shall have at least one (I) on-site off-street parking space meeting the standards ofthis chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor ofthe town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [I] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year-round rental. [3] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. (5) Boarding and/or tourist homes as set forth and regulated by 9 100-6IB(5) of the Resort Residential (RR) District. [Amended 2-7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. (8) Public garages. (9) Funeral homes. (IO)EN(4)Fleamarkets. [Added 10-17-1995 byL.L. No. 21-1995] (11) [Added 5-16-1994 by L.L. No. 9-1994] Takeout and formula food restaurants, subject to the following requirements: 6 . (a) Adequate parking shall be provided in accordance with that required by Article XIX, Parking and Loading Areas, of this chapter. All parking spaces shall be located within reasonable walking distance of the site or three hundred (300) feet, whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subject land use. (b) An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. (c) There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walkup window or door. (d) Exterior signage shall conform in all respects to Article XX, Signs, of this chapter and, further, may not be lit from within. (e) Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows ofthe business or onto any exterior structures, including waste disposal receptacles and flags. (f) The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: (I) Accessory uses as set forth in and regulated by 9 100-31 C(I) through (7) ofthe Agricultural-Conservation District, and subject to the conditions set forth in 9 100-33 thereof.EN(5) ~ 100-92. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in ful1.EN(6) 7 8 . Endnotes 1 (Popup) Editor's Note: This local law also repealed former Art. VIII, C Light Industrial District, as amended. 2 (Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedule are in 99100-191 and 100-192. 3 (Popup) Editor's Note: This local law also repealed former Art. IX, C-l General Industrial District, as amended. 4 (Popup) Editor's Note: Former Subsection B(10), wineries, amended 8-1-1989 by L.L. No. 15-1989, was repealed 11-26-1994 by L.L. No. 26-1994. 5 (Popup) Editor's Note: Former Subsection C(2) and (3), which regulated signs, were repealed 11-29-1994 by L.L. No. 25-1994. For current sign provisions, see Art. XX, Signs. 6 (Popup) Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in 99 100-191 and 100-192. 9 RADIUS MAP FOR ZONE CHANGE SITUATE: PECONIC TOJ.iN: SOUTHOLD SUFFOLK COUNTY, NY N Wi.~... E /' . ! S SUFFOLK C.OUNTY TAX . 1000-14-4-14.1 05-14-01,05-2<1-01 _. -.---------- - - --==- cTi-~~~----~~ _ =- ZONE D~~_=:--=- -+ -."'-------- APPLlC.ANT, DARRIN SKREZEC B40 CLEARVIEH AVENUE SOUTHOLD, NY 11<111 - -----.-- - - -_-_<-=-=-;c=~_ ::::::::;;;;j:~~:;=::::::: -- - ----------- - -- - - c :I:'?-\C\ - - \-\'2- Q\;::J -_ 1.0 'f. BO oeo: --<)c,~- - ZON_~-Di~:T-RI-C-=-T - - - .~ C GRAPHIC SCALE ~- I'c 200' r,A,X H^F--' N:) 1000 74 -)-15 RiCH f~;:<-\f~1 '~; r:~ -2-16 C/)Ui'ITl ')f- ';i)!'f-(-); -2-17 SUFFOLK COLiNTy f'11,IT~c.;: t-'lJ "~/r<' j-l - 2- 221 EMANUEL G SFAELOS -2-35 BARBARA FlENER BOKINA ~ JOHN E BOKINA -2-372 CAROL HYDELL ~ CHARLE'o HYDELL -2-373 CAROL HnJELl. -3-gl MTA LONG I~/\LANL) i';'~AIL ;':2.0/~i_-=-' -3-12 MARGARET N SHAKE~--C)~7E!t\l':?J= -3-13 JOAN MUNSTER. DOROTY VIC TORIA -3-14 GLORIA HAXIER , SIDN~Y ViAXLER -3-15 LEE I BENINATI, MARiE B~N!N;-\ I-I ~ EDViARD D DART -3-16 PATRICK ADIPIETTRO ~ ROBERT ADIPIETTRO -3-17 OLIVE HAIRSTON MURRAY -3-lq2 KEVIN TERRY -3-lq3 KENNETH L DIC.KERSON JF? II- KENNETH L DICKERSON SR -3-20 ALICE M PLA TON -3-24.1 TOViN OF SOUTHOLD ~ TURE OF ZONING '-CT10N: 5U6JECT PARCEL ClJRRENTL Y 5PLIT ZONED R-40 '" HB, PROPOSED TO BE REZONED TO LB. Mf!1' rJ,&-l.I}.-- ih:;t[U. !JAt~-\.!V ,7ft,.t,- 3')!"cL- /...b, , " :rU-r .. (V MZL<./,'l.. " ~ MJ _, '.i-,.i"~; '", L'",;; :,',' q) l::-' - ""i /"'(jl ....-t<< ", '?-l'\J-l-'\. " ,/ -4-S JOHi'j !-' ~:,:r-::1Jf::;(-:,< I .\i;J!) i~;iF en l-n=~!'7 II~(. -/f--!: I_C=:C~)i'! f-:-,'f' i"f"?C)I_I~UM L L.C -"1-'1 j\N[)f:,'.E/\L~) r-'AL.lc::v"-? A':::: <i ":"JTACY PA,LiOUR/\S -4-10 REGINA LORAH, CHESTER MISLOSKI 4 ROSE V ANDUSER -4-11 ROBERT H CHILTON -4-121 MTA LONG ISALAND RAIL ROAD -4-13 BAU~R FARMS INC- -4-142 E'DI.~A,r;,?r) I~):"P-l It .ilil>; 1-:-;;,f:<T -4-15 PAUL McGLYNN -4-16.1 JULIA DAY" LEO -4-17 CATHY STANKOViICZ ~ 0ERAD STANKOViIC-Z -4-10 E-I~HIN FISHEL ruCClO -5-1 BENNETT SYKES BLACKBURN ~ LOUISE BLACKBURN -5-4.1 IRENE HOLMES ~ BRIAN MOZER -5-5 KELL Y" BENNETT ~ TRACY" BENNETT -5-'1,2 GEORGE' KOr:::KINOS d: MARIN.A. KOKr'::'INOS -5-6 TOrlN OF SOUTHOLD 1000-06 -1-.'34 B 4 J REAL TY RECEIVED JUN \. 3 2002 Southold Town Clerr or,> [C., '000 '~QC.;i,; :e0L ~-... J 0 Hl\J:, EllLERS L./\NJD 6 EAST MAIN STREET RIVERHEAD,NY 11901 369-8288 Fax 369-8287 '(' un ',n~'T{, i'J- '1':" ,'\, I",V ,-, << -', '" ~ ll"\.. .LJ ,_ 4. NYS. Lie:. NO. 50202 \\HP SERVER\DIPROS\20-240RADpro "'2.r.w'-0''''';~''-''''''''''''.o'~;'2''_J'''''''-''D RADIUS MAP FOR ZONE CHANGE SIlVA TE: PECONIC TOWN: SOlJllk)LD SUFFOLK COUNTY, NY N .4-// E W ,PI'\. I 5 SUFFOLK COUNTY TAX # 1000-14-4-14.1 05-14-01.05-2'1-01 - RICI !\.c=-.' ZO\1f- DIST.u ~ APPLICANT, DARRIN SKREZEC 840 CLEARVIEI^I AVENUE SQUTHOLD. NY 11'11/ ~. .. :\,?-\Ci ..If- \J\S '. 1-01"-. UU 0 '?-' B...... GRAPHIC SCALE 1"= 200' ~----- TAX MAP No. 1000-14 -2-15 RICH FRANKLIN OVERTON -2-16 COUNTY OF SUFFOLK -2-11 SUFFOLK COUNTY I^IA TER AUTHOR I TY -2-22.1 EMANUEL 0 SFAELOS -2-35 BARBARA FlENER BOKINA , JOHN E BOKINA -2-31.2 CAROL HYDELL , CHARLES HYDELL -2-31.3 CAROL HYDELL -3-<1.1 MTA LON0 ISALAND RAIL ROAD -3-12 MAR0ARET N SHAKESPEARE -3-13 JOAN MUNSTER' DOROTY VICTORIA -3-14 0LORIA I^IAXLER , SI DNEY I^IAXLER -3-15 LEE I BENINATI. MARIE BENINATI , EDI^IARD D DART -3-16 PATRICK ADIPIETTRO , ROBERT ADIPIETTRO -3-11 OliVE HAIRSTON MURRAY -3-1'1.2 KEVIN TERRY -3-1'1.3 KENNETH L DICKERSON JR , KENNETH L DICKERSON SR -3-20 AliCE M PLATON -3-24.1 TOI^IN OF SOUTHOLD -4-5 JOHN P KRUPSKI AND BROTHERS ING. -4-1.1 LEON PETROLEUM LLC -4-<1 ANDREAS PALiOURAS , STACY PALiOURAS -4-10 RE01NA LORAH, CHESTER MISLOSKI , ROSE V ANDUSER -4-11 ROBERT H CHILTON -4-/2.1 MTA LON0 ISALAND RAIL ROAD -4-13 BAUER FARMS INC -4-14.2 EDV'lARD DART' JUDY DART -4-15 PAUL Mc0L YNN -4-16.1 JUliA DAY LEO -4-/1 CATHY STANKOV'lICZ , 0ERAD STANKOV'lICZ -4-IB EDV'lIN FISHEL TUCCIO -5-1 BENNETT SYKES BLACKBURN , LOUISE BLACKBURN -5-4.1 IRENE HOLMES' BRIAN MOZER -5-5 KELLY BENNETT. TRACY BENNETT -5-<1.2 0EOR0E KOKKINOS , MARINA KOKKINOS -5-6 TOV'lN OF SOUTHOLD 1000-B6 -1-34 B' J REALTY NATURE OF ZONING N;TlON: 5UBJECT PARCEL CURRENTLY 5PLIT ZONED 11.-40 '" HB. PROPOSED TO 6E REZONED TO LB. 9'" ""~.,;~, J-;, c,,<,.e' .,C7" tc., ~"~~.o' 0' ;c., "''''<e,,~,'hC>' oc;,w<>1 d,~""" ""..."~,, ,~o' .,..,~, ~e ~-~"";""'~" ,~ "" JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. Lie. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 I\HP SERVER\DIPROS\2D-240RAD.pro ~~,.........--,.":.;~.,...,...,,, . IS ,4 Bt> P!3 ZS4 . RECEIVED . . . * --------- -'-- ---" - -- - -- -- --- -,.' . . . . ., .~ 'j \" ,_),,_~~>j~:,-J 10ltCF NOV 8 2002 STATE of NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 12231-000 I Southold Town C1ert, GEORGE E PATAKI GOVERNOR RANDY A. DANIELS SECRETARY OF STATE November 1, 2002 ELIZABETH 1\. NEVILLE TOWN HALL ')309', Main Road P,O, Box ll7) SOUTHOLD, hY 11971 pArrl" \.Sf.-r~%.~c cJ>4r1(jt! of'2.0NC, RE: Town of Southold, Local Law 6, 2002, filed 10/28/2002 The above LefeLenced material was received and filed by this office as indicated, Additlonal local law filing forms will be forwarded upon request, Sic:r:: ~ Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 '" ."S---'-'~ <~:", li:~--'~- 1,):~t~1~J/ .,.'!.J... ~ ~' i'lJ'~ .. "'.".' _ ~ ~:'~~i^~ 11\, * '..... :~l;; ~;, NOV 1 ~ ~ ~ South old Town PJanpina Board -...-.-- -_.--------_.-- --_.-------_.._-------~.------_.._--_._--_._-- -- WWW DUSS1ATC NY,US E-HAIL INFC(O'D05 STATE NY US " 0F II"'" " . . . vV ' -rB vs /' AMENDED (Y'I I RESOLUTION OCTOBER 8, 2002 V-636 RESOLVED that the Town Board of the Town of Southold hereby amends resolution #610 adooted at the re2Ular Town Board meetinl! Seotember 24. 2002. to read as follows: WHEREAS the Southold Town Board has received a petition to amend the Zoning Map of the Town of South old by changing the Zoning District designation ofSCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); no therefor be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of South old, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid local law at the Mattituck High School, Mai Road, Mattituck, New York at 1:00 p.m.. Tuesdav. October 22. 2002. The purpose ofthis Local Law is to change the Zoning District Designation of SCTM # 1000- 74-4-14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, New York. The Local Law is entitled, " A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNA nON OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). ..."' """'I..' ,... ! ....'0 ". "'~r~~'" e.',l' ",~, ,;' ,;', -EMi i".~..i j ii';j~1 . OCT O/j luuL ::.;:. !~O!Jtho!d Town Planninq Board. . . \.. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765.1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD Re: Supervisor & Town Board Members Town Clerk Elizabeth Neville@/ Change of Zone application for Damn Skrezec To: From: Date: September 27, 2002 The above change of zone was set up for a public hearing at Tuesday's Town Board for 5:00 p.m., Tuesday, October 8, 2002. It should have been set for 8:00 p.m. Tuesdav. October 22. 2002 in order to allow for the ten dav publication reauirement. J I ('" . /."oe:J'phI. tf /lI~#..fn.d: '"7iJ,{ ..)e-4C &. If it meets with the Board's approval, I am going...w put an amended resolution on the next Town Board agenda setting the date foJ;ArOO p.m., Tuesday, October 22, 2002. Since, the Town Board was all in agreement to set the public hearing on this, I will send it to the newspaper for publication on Tuesday morning, October 8th before the actual meeting so that it can be published on Thursday, October 10th and meet the ten day publication for the October 2200 hearing date. Please advise me in advance if you have any problem with this. Thank you. ''\ ~RESOLUTlON , . . OCTOBER 8, 2002 r V -636 LVED that the Town Board of the Town of South old hereby amends resolution #610 , at the r ular Town Board meetin Se tember 24 2002 to read as follows: '. WHEREAS~ Southold Town Board has received a petition to amend the Zoning Map 9fthe Town of Southo)~ by changing the Zoning District designation of SCTM# 1000-74-4-1,4'1 from .. / Residential (R-40) ~~\Ham1et Business (HB) to Limited Business (LB) and ResidJlia1 Office (RO); no therefor be it '\ / " \, "\ RESOLVED that pursuant to'~ction 265 of the Town Law and require Town of South old, Suffolk coun~ New York, the Town Board ofth own of South old will hold a public hearing on the aforesai~ocallaw at the Southold To Hall, 53095 Main Road, Southold, New York at 8:00 .m. Tues a October 22 200 . The purpose of this Local Law is to change the Zoning District Designatio ofSCTM# 10 -74-4-14.1 from the Residential (R-40) District and Hamlet Business (HB) Di~ to imited Business (LB) and Residential Office (RO) District Designations. The petitioner this request is Darren Skrezec. The property is approximately 3.9 acres located at t sou side of Route 48, Peconic, New York. The Local Law is entitled, " A LOCAL 'A W TO AMEND HE ZONING MAP OF THE TOWN OF SOUTHOLD BY CRA ING THE ZONING DI CT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM RESIDENTIAL (R-40) HAMLET BUSINESS (HB) TO LIMITED BUSINESS ) AND RESIDENTIAL OFFICE (RO . / / / \.. \ \^ '\. '" . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR VITAL STATISTICS MARR GE OFFICER RECORDS MAN GEMENT OFFICER FREEDOM OF INF TlON OFFICER . Town Hall, 53095 Mai P.O. Box 117 Southold, New Y 11971 Fax (631) 7 -6145 Telephone (6 ) 765-1800 southoldto .northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD THIS IS TO CERTI THAT THE FOLLOWING RESOLUTI NO. 610 OF 2002 WAS ADOPTED AT T E REGULAR MEETING OF THE S THOLD TOWN BOARD ON SEPTEMBER 24, 20 : WHEREAS the Southold Town oard has received ape' ion to amend the Zoning Map of the Town of Southold by changing the signationofSCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business imited Business (LB) and Residential Office (RO); no therefor be it RESOLVED that pursuant to Sect" n 265 of the To Law and requirements of the Code ofthe Town of South old, Suffolk Co ty, New York, the To Board of the Town of South old will e aforesaid local law at the So thold Town Hall 53095 Main Road Southold New ork at 5:00 .m. Tuesda October 8 002. The purpose of this e the Zoning District Designation of SCTM # Residential (R-4 District and Hamlet Business (BB) District to the Lim' ed Business (LB) and Residential 0 Ice (RO) District Designations. The petitioner for this reques . s Darren Skrezec. is approximately 3.9 acres located at the south side of Route 48, Peconic, New York. . . The Local Law is entitled, " A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). PI~"",,~aQ~'/I-. Elizabeth A. Neville Southold Town Clerk . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of South old has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation ofSCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); NOTICE IS FURTHER GIVEN, that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of South old, Suffolk County, New York, the Town Board ofthe Town of Southold will hold a public hearing on the aforesaid local law at the Mattituck High School, Main Road, Mattituck, New York at 1 :00 p.m., Tuesdav, October 22, 2002 at which time all interested persons will be given an opportunity to be heard. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000-74-4-14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, New York. The Local Law is entitled, " A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, OCTOBER 8, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 10, 2002,AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Planning Board Code Committee Town Attorney D. Skrezec G. DeSimone, Attorney Town Clerk's Bulletin Board 'I ,I . . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTI E IS HEREBY GIVEN the Town Board of the Town of South old ha.<> r eived a petition t amend the Zoning Map of the Town of SouthoId by changing the Z 'ng District des ation ofSCTM# 1000-74-4-14.1 from Residential (R-40) an amlet Business (HB) 0 Limited Business (LB) and Residential Office (RO); ER GIVEN, that pursuant to Section 265 of e Town Law and requirements of the C e of the Town of South old, Suffolk Co ty, New York, the Town Board of the Town of So old will hold a public hearing on e aforesaid local law at the SouthoId Town Hall, 53 5 Main Road, Southold, Ne York at 8:00 D.m.. Tuesdav. October 22. 2002 at which II be given an opportunity to be heard. The purpose of this Local Law is to ch ge the oning District Designation of SCTM # 1000-74-4-14.1 from the Residential (R- istrict and Hamlet Business (HB) District to the Limited Business (LB) and Resid 1 Office (RO) District Designations. The petitioner for this request is Darren S e property is approximately 3.9 acres located at the south side of Route 4 , Peconic, Ne York. The Local Law is entitled, " OCAL LAW TO THE TOWN OF SOUTH D BY CHANGING THE Z DESIGNATION OF S M# 1000-74-4-14.1 FROM THE HAMLET BUSINES (HB) TO LIMITED BUSINESS (LB) OFFICE (RO). THE ZONING MAP OF G DISTRICT SIDENTIAL (R-40) AND RESIDENTIAL BY ORDE OF THE SOUTHOLD TOWN BOARD OF THE TO SOUTH D, OCTOBER 8, 2002 ELIZABETH A. NE LLE SOUTHOLD TOWN ERK PL ASE PUBLISH ON OCTOBER 10, 2002,AND FORWARD ONE (1) AFF A VIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HAI; , PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Planning Board Code Committee Town Attorney D. Skrezec G. DeSimone, Attorney Town Clerk's Bulletin Board . . I' . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the day of , 2002, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Public Hearing: Skrezec Change of Zone. Elizabeth A. Neville Southold Town Clerk Sworn before me this day of ,2002. Notary Public . . >~~~~ .'/ trr/ RESOLUTION SEPTEMBER 24, 2002 v - 610 WHEREAS the Southold Town Board has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (RO); no therefor be it RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold!!:ill hold a Dublic hearin!!: on the aforesaid local law at the Southold Town Hall. 53095 Main Road. Southold. New York at 5:00 p.m.. Tuesdav. October 8.2002. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 1000-74-4-14.1 from the Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB) and Residential Office (RO) District Designations. The petitioner for this request is Darren Skrezec. The property is approximately 3.9 acres located at the south side of Route 48, Peconic, New York. The Local Law is entitled, " A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED BUSINESS (LB) AND RESIDENTIAL OFFICE (RO). ,.b) :>l,iJ~.....'?1'{~~liln;~1.7~'~:.' .m.....~.... It:"'~'~"'" t..... ,1. .' .,. ,,' . .~ '" ;' "', ,--:.' , . :1>!An -1"1' ~ "(I - ,,I'! ,-i, <,. SEP J. 6 ~uu~"1.' Southold Town Planning Board - . .:!O'....-- SEP 9 2002 SurBF ro >IS rrrr TI3 TA PB RECEIVED · COUN1Y OF SUFFOLK. Southold Town Clerl ROBERT J. GAFFNEY SUFFOLK COUNlY EXECUTIVE September 4,2002 THOMAS ISLES, AICP DIRECTOR OF PLANNING DEPARTMENT OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Rd.- P.O. Box 1179 Southold, NY 11971 Dear Ms. Neville: Re: Amended application of "Darrin Skrezec" for a change of zone from R-40 & HB to LB & RO (SD-02-6). Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk COWlty Administrative Code, the Suffolk County Planning Commission on September 4, 2002 reviewed the above captioned application and after due study and deliberation Resolved to approve the proposed RO rezoning and disapprove the proposed LB rezoning because of the following: 1. It constitutes the unwarranted further perpetuation of strip business development along Middle Road (C.R. 48); 2. It would tend to establish a precedent for further such downzonings in the locale along C.R. 48; 3. It contravene past actions of the Town Board in diminishing strip commercial zoning throughout the Rte. 48 Corridor; and, 4. It is inconsistent with the Town of Southold Rte. 48 Corridor Study which calls for the preservation and enhancement of the rural and scenic vista characteristics of said roadway. Comment: The entire premises should be rezoned for RO purposes. Very truly yours, GN:cc LOCAllON H. LEE DENNISON SLOG - 4TI-l FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS p, O. BOX 6' 00 HAUPPAUGE, NY I I 788-0099 , . (63 I) 853-5 I 90 TELECOPIER (63 I) 853-4044 I .. . . Svt6F \IS ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork .net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD A\lIWllt 22, lOOl Thomas Isles, Dlrtll,ior ofP:lartning Department of Planning County ofSuff'olk Post Office Box 6100 Hauppauge, NtM.York 11788-0099 l~",',,"~~~".@l ""'~rf'~T ;~,;J!l~\..1ji1\ '.'..,,'..:, .I, f..... . . 'f( ,,'1l I' tl '," . " . '4'j. 't. .~",,' '!, ., ; ,,' ~~."", . .' ,q C, . ., ..,~,;t~ ,'i', '.. ~ AUG 2,j LUUL ;.... Dear Mr. Mes: Southold Town Planning Board .....~ Transmitted is the Damn Sh=c change of zone application together with all pertinent documents. This application was amended and the possibility of further amendment was discussed. However, the enclosed letters were received from Mr. Sherec's Attorney Scott DeSimone requesting that the current amended application be carried forward and considered. Also enclosed is the Southold Town Planning Board's report. Please review and prepare an official report defining your department's recommendations with regard to this proposed change of zone application. and forward same to me at your earliest convenienl:e. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~o~ Elizabeth A Neville Southold Town Clerk Enclosures ce: Town Board Town Attorney V. Scopaz G. Newman Au~ 22 02 09:11a SCOTT DE SIMONE 631 765 5148 p.1 .. . . -'-'- ~ .of~ .I I~ Oal. To Co./Dept. Phonf! ft Fa)(H' -, FllIIIl :> Co. phone' fax . August 22, 2002 Elizabeth A. Neville. Southold Town Clerk Town Hall Main Road Southold, New York 11971 RE: Application for change of zone for property located at; sls Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTMNo.: 1000-74-4-14.1 Dear Ms. Neville: Confirming our conversation, Mr. Screzec will be proceeding with his amended application seeking a change of zone from R-40 and HB to LB and RO. I trust you will transmit the required paperwork to the Suffolk County Planning Commission at your earliest possible attention. Please call me with any questions you may have concerning this submission. Thank you for your courtesy, cooperation and attention to this matter. Very truly yours, Scott DeSimone cc: Damn Skrezec Z:\SUSAN'S MAJLBOX\Compleled\AUGUST 21 LFTTERdoc A~ 22.02 OS:lla SCOTT DE SIMONE , . 631 765 5148 . p.2 --- Dale ~ t of pages To I e Co.lDepl. -- ./ pno"'~S };,- Fa); r. From .... Co. phone II Fadl August 22, 2002 Elizabeth A. Neville, Southold Town Clerk Town Hall Main Road Southold, New York 11971 RE: Application for change of zone for property located at: s/s Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTMNo.: 1000-74-4-14.1 Dear Ms. Neville: As per your inquiry, and for the benefit of the Suffolk County Planning Commission, please be advised that no site plan has been prepared with respect to future development and/or improvements to be constructed on the property. The applicant will not incur such expenses until the change of zone application has been decided. The applicant would however be in a position to provide fairly detailed conceptual information as to the planned use and improvements. Breifly, the applicant, a landscape designer, intends to construct for his use a 5,000 square foot building to house his office and equipment. The property will be nicely landscaped in keeping with the nature of his business. LB is the only zoning district in the Town of Southold where the applicant can operate his business. It is my understanding, that less than I % of all land in the Town of South old is currently zoned LB and that lees than 10% of that land is undeveloped. Please call me with any questions you may have concerning this application. Thank you for your courtesy, cooperation and attention to this matter. Very truly yours, Scott DeSimone cc; Damn Skrezec Z:\SUSAN'S MAJLBOX\AUGUST 22 LETTER,doc . . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR Chairman WILLIA.YL J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE !""TfL'illl, ,JR RICHARD CAGGIANO P.O. Box 11 79 Town Hall, 530% State Route 25 Southold, New York 11971-0959 Telephone 1(31) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: From: Elizabeth Neville, Town Clerk Valerie Scopaz, AICP, I~ Town Planner Skrezec Change of Zone Petition SCTM# 74-4-14,1 S/s CR 48, Wlo Peconic Lane Peconic, NY July 30,2002 Re: Date: Under the current zoning, the maximum potential for development of the subject lot is as follows: o In the Hamlet Business (HB) zoned area (18,000 sq. ft.) a total of 7,200 square fect of commercial buildings could result. o In the Residential (R-40) zoned area (156,440 sq. ft.) a total area of24,000 sq. ft (based upon a 3 lot yield) of residential buildings could result. The above estimates do not include roads, drainage, parking or other necessary improvements. The computation is based upon percent of allowable lot coverage under the current code. The actual yield on site may be less. The proposed zone change would change the mixed HB and R-40 parcel to: o Rcsidential Office (RO) equal to .92 acres (40,075 sq.ft.) and o Limited Business (LB) equal to 2.73 acres (100,188 sq. ft.). If approved, the maximum potential for development in the rezoned area will be: o In the RO area, 8,015 sq. ft., o in the LB area, 23,783 sq. ft. Therefore, the zoning change could result in more square footage of commercial buildings and consequently all associated improvements i.e. parking areas. Due tll the 11~~(llrc of existing llses and /c':~cs, the Planning Board suggested to the applicant thai the applicatioll he amended to rezone the enlire parcel to [,0. The Board IS . . not in favor of applying a more intensive commercial zone on the premise that it would be contrary to the County Route 48 study. Planning staffre-visited The ('oullIy Route 48 Comdor Study (Cramer, 1999) and noticed that it did not specifically evaluate the subject parcel. A recommendation for the area to the cast, bordering Peconic Lane, was to "Forti fy the business area with additional commercial zonings to HB and RO". The summnding area to the east was identified as Peconic 2 (See Figure: Peconic 2). As the figure indicates, the recommended change of zone for the two parcels abutting the subject parcel to the east was from R-40 to RO. The study also recommended that the area to the west ofthe parcel (identified as Peconic 1) be changed from B to RO and that properties adjacent to the Long Island Rail Road be changed from B to LB. The overall recommendation was to "rezone existing residences and vacant parcels to RO; change B to LB. (See Figure Peconic I) As a result ofthe above zoning changes and the exclusion of the parcel from the study area, the zoning ofthe subject parcel (R-40) remained intact and the adjacent RO, B, HB and LI zones were applied to the surrounding properties through a succession of zone changes as recommended. The net effect of the rezonings was to isolate the subject parcel from adjoining residential districts. However, it also is important to note that post zoning change, the residential parcels remained in use as residential dwellings. The current zoning of the parcel is HB and R-40. The HB area lies to the rear of the property, abutting the LIRR easement. Due to the recent approval of a Lot-Line application, access to Peconic Lane from the subject parcel has been eliminated. Consequently, any proposed access to the subject parcel will be from CR 48. Based upon the above, the Planning Board rendered a decision at the July 29,2002 work- session to recommend a change of zone from the current use to Residential Office (RO) only. This change of zone would be consistent with the adjacent zoning districts. The Planning Board is not in favor of changing the zone on any part of the parcel to Limited Business (LB) at this time. 'I'" ','I,i,', Ii ". i ' ;....1.,...""'''''', ' , ,', Ii , I . ~. \ '\ \ .~ i"", . to C. " ... :s O. pi. /" r~-""'''---~~~ .~.;","""._".~_.,.,.,...,...,.,"",...., Pe O~ &'1t"4t<.L~ o I ,I ~ )'!~/ ~ /I,-.I,,! I -', i i ,/ i , " , , , , L__ See Section --;; 1 i f~ :::c~ V} V) See ",.'~ . Peconic 2 Intersection of Peconic Lane & LIRR Peconic ~. / / 'f~e.Le , . "fa 1'> f'O fir:> 70 fib No -p /-Ib __ _""."'''fI __~ ......,., \ '!'" _c ."... __._ .~ . Existing Conditions: Unique historic character of area. . Existing stores, garage on URR. B&B in residential district, historic homes. Residential parcels sun-ounding existing commercial and railroad. Recommendations: Fortify business area with additional commercial zonings to II 13 and RO. p'~':'--"'.. ~ _ ~ ^ '.,., -- '\il'I ""'1'; .' Peconic 1 Intersection of Middle Road & Pauls Lane Peconic ~ . Existing Conditions: Mix of commercial industrial uses in rear adjacent to railroad. Frontage on CR 48 includes residential, gas station, and vacant. Recommendations: . Rezone existing residence and vacant parcels to RO; change B to LB. -'" ......-""." ~ ~ ~ Ol:.C';"~ .......;;.:H - - ~ .',.'-'~ ., ".;;.",,;.;.- --- -- ~:~==.",..- -_._---~_.-~--- ,_,'",~,~4> ] .' . SCOIT DESIMONE . ~ ATTORNEY AT LAW 41780 ROUTE 25 - PECONIC - NEW YORK 11958 Phone 631 7653535 EmaiJ TaxCertEsq@aoLcom Fax 631 7655148 July 29, 2002 111J8'''DI JUL 30 2UIll , Town of South old Town Hall Main Road Southo!d,NewYork 11971 Attn: Bennett Orlowski Jr.,Chairman Southold Town Planning Board Southold Town Plannlna 80Ird --- ':'="...;;:--- RE: Amended application for change of zone tor property located at: sls Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTMNo.: 1000-74-4-14.1 Dear Mr. Orlowski: I have reviewed the correspondence of Nelson, Pope & Vorhees dated July 5, 2002, and the memo of Valerie Scopaz dated July 12, 2002 concerning the same correspondence. Mr. Vorhees raises several issues that I shall address ill order. First, an amended Radius Map reflecting the newly proposed rezening was submitted with the amended application. Therefore, Mr. V0rhees clid not review the amended Radius Map. His CGii~Crns regm:diiig th.;5 ~Xft..:t locati')il and ,~'::.f.;(jg0 c.f dl:: L.Caiiig ;;uic:go.flt:s pivp05Cd h clearly denoted on the amended Radius Map. Relative to Mr. V orhees concerns in the second paragraph of his letter, he should be advised that the amended application was submitted after discussing the original application with the Town Board at a Town Board work session. It was thought that the portion of the parcel now proposed to be rezoned to RO would act as an additional buffer to the parcels to the east which were previously rezoned to RO. At this juncture, the applicant has no intention as to the use for that portion to be rezoned to RO nor bas the applicant explored the subdivision issue. The rezoning as proposed IVould certainly lend itself to a subdivision of this parcel in line with the Radius Map as drawn. Finaliy, as to the issue cf a::c($:;, no portion of the parcel is to be landlocked and therefore access should not bc ~m issac. Z-\(;9. ZONING ,{ LAi~D USE'Si(REII:C\JUL'r: 2i PLANN]1'\(j DEF-l' LCl 1 ER\~:J'; ~ . . Relative to Mr. Vorhees concerns in the third paragraph of his letter, the lot line change was approved by the Planning Board and signed off by you on March II, 2002. The remaining issues raised by Mr. Vorhees, and as he indicates, are site plan related issues and are not relevant to the change of zone application now pending. It further appears that Mr. Vorhees' SEQRA review dated January 25,2002 may require additional analysis and amendment as it appears that he may not have been provided with a complete copy of the amended application. Thank you for your consideration in this matter. Very truly yours, ~~. cc: Town Board Elizabeth A. Neville, Town Clerk Valerie Scopaz, Director of Planning Charles J. Vorhees Darrin Skrezec 2:\09 - ZONING & LAND USE\SKREZEC\JUL Y 27 PLANNING DEPT LETTER. doc 631 765-1800 tele. 631765-6145 fax Elizabeth A. Neville . Southold Town Clerk Town Hall, 53095 Main Road, Southold, N.Y. 11971 Fax 5~ ~'I~ TO: Chick Voohrts From; Betty Neville Fax: 427 -5620[Click here and type fax number] Pages: 23 Phon&: 427-5665 Date: 7/23/2002 Re: Skrezec, Darin Re-evaluation C of Z CC: Valerie Scopaz o Urgent X For Review o Please Comment X Please Reply o Please Recycle . Comments: ChicK: There seems to be some confusion on this one. Please review the attachments end call me. Thank you. Batty Neville ~LLUUdJ.CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . P~~GBOARD MEMB& BENNETT ORLOWSKI, JR. Chairman P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville/ Town Clerk From: Planning Board J?fz/f, Date: July 12, 2002 Re: Proposed Change of Zone for Skrezec/Day/Leo Located on the south side ofC.R 48 south ofPeconic Lane in Peconic SCTM# 1000-74-4-14.3 The Planning Board concurs with review dated July 5,2002, conducted by Nelson, Pope and Voorhis. The application needs further clarification prior to a decision. In summary: 1. The applicant has supplied conflicting information regarding the change of zone. The applicant needs to clarify which zoning district the applicant is proposing to re-zone the property to. 2. The applicant's intent with regard to use of the northern property should be identified. Currently, the proposal suggests split-zoning of the parcel. 3. The applicant should identify if the property will be subdivided and how access to the proposed southern and landlocked LB zone portion of the property of the lot will be achieved. Based upon the above outstanding issues, a recommendation from the Planning Board on the above referenced project cannot be issued at this time. . NELSON,POP'E & VOORHIS, LLC ENVIRONMENTAL . PLANNING . CONSULTING CHARLES J. VOORHIS, CEP, AICP. ARTHUR J. KOERBER, P.E.. VINCENT G. DONNELLY, FE. VICTOR BERT, PE.. JOSEPH R EPIFANIA, P.E,- ROBERT G.NELSON, JR., PE July 5, 2002 PAUL M. RAez. PLS Elizabeth A. Neville, Town Clerk Town of Southold RECEIVED Town Hall, 53095 Main Road PO Box 11 79 Southold, NY 11971 JUL 1 6 2002 Re: Town of Southold, SEQRA Review Darin Skrezec Change of Zone SCTM #1000-74-04-14.1 NP&V #01299 Southold Town Clerk Dear Ms. Neville: I have reviewed the additional materials submitted by the applicant modifying the above referenced change of zone application to allow for the 3.7 acre site to be rezoned froU1 R-40 Residential and HB Hanilet Business to LB Limited Business and RO Residential Office. Although the applicant indicates in the "Addendum" that the portion of the site adjoining the property to the east (currently zoned RO) is proposed to be rezoned to RO Residential Office with the remaining area (and southern portion of the site) which adjoins HB and LI zonjng districts proposed to be rezoned to LB Limited Business, the "Radius Map for Zone Change" indicates that the entire subject parcel is proposed to be rezoned to LB. This discrepancy should be clarified by the applicant and resubmitted to the Town for review. The exact location and acreage of the zoning categories proposed for the parcel should be specifically indicated. Further, the "AddenduU1" states that the applicant is a landscape designer and contractor and that rezoning the southern portion of the parcel to LB would allow for use of his business. The applicant's intent with regard to use of the northern portion of the property should also be identified. As the proposal now seems to request split zoning of the parcel, the applicant should specify at this time if the subject property will be subdivided and how access to the proposed southern and landlocked LB zoned portion of the lot will be achieved. As stated in the Environmental Assessment Review prepared by this office on January 25, 2002, the applicant should indicate if the lot line change application (i.e. transferring the small strip of the site which created an eastern extension to Peconic Lane to the adjoining landowner of tax lot 16) which was reportedly submitted to the Planning Department on or before Tuesday June 12, 2001, has been submitted and approved. Further, the applicant should provide conformation that the sew A can provide water to the site. Correspondence has been received from the NYS OPRHP (attached herein) indicating that a Phase! archaeological surv~y ;s wamnterl for all portious of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. Although not necessary at this time as the proposed project involves only a change of zone application, the applicant should be made aware of this additional information and future requirement. Should you receive any additional information pertinent to this review, please contact me of feel free to forward same to this office. cc: Greg Yakahoski s,LLC 572 WALT WHITMAN ROAD, MELVILLE, NY 11747"2188 [631) 427-5685. FAX (631 J 427.5620. www.nelsonpope.com " ~).TlOI'/'",,"' lA' ~_I ~ NEW YORK STATE ~ Bernadette Castro Commissioner . . New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island, PO Box 189, Waterford, New York 12188-0189 518-237-8643 March 6, 2002 Shana M, Lacey Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747-2188 Dear Ms, Lacey: Re: SEORA Skrezic Change of Zone/Peconic/CR 48 SCTM #1000-74-04-14,1 Southold, Suffolk County 02PR0997 Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP) concerning your project's potential impact/effect upon historic and/or prehistoric cultural resources. Our staff has reviewed the documentation that you provided on your project. Preliminary comments and/or' requests for additional info,nnatioTI.are noted on separate enclosures accompanying this lette" A determination of impact/effect will be provided only after ALL documentation requirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional infoffimtion should be directed to the appropriate staff person identified on each enclosure. In cases where a state agency is involved in this undertaking, it is appropriate for that agency to detemline whether consultation should take place with OPRHP under Section 14,09 of the New York State Parks, Recreation and Historic Preservation Law. In addition, if there is any federal agency involvement, Advisory Council on Historic Preservation's regulations, "Protection of Historic and Cultural Properties" 36 CFR 800 requires that agency to initiate consultation with the State Historic Preservation Officer (SHPO), When responding, please be sure to refer to the OPRHP Project Review (PR) number noted above, Sincerely, ~,PWfai , Ruth L Pierpont Director RLP:bsd Enclosure( s) An Equal Opportunity/Affirmative Action Agency () prir'lled on recycled paper " "", . . ARCHEOLOGY COMMENTS 02PR0997 Based on reported resources, there is an archeological site in or adjacent to your project area. Therefore the Office of Parks, Recreation and Historic Preservation (OPRHP) recommends that a Phase I archeological survey is warranted for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I survey is designed to determine the presence or absence of archeological sites or other cultural resources in the project's area of potential effect. The Phase I survey is divided into two progressive units of study including a Phase IA sensitivity assessment and initial project area field inspection, and a Phase IB subsurface testing program for the project area. The OPRHP can provide standards for conducting cultural resource investigations upon request. Cultural resource surveys and survey reports that meet these standards will be accepted and approved by the OPRHP. Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase I survey. Many archeological consulting firms advertise their availability in the yellow pages. The services of qualified archeologists can also be obtained by contacting local, regional, or statewide professional archeological organizations. Phase I surveys can be expected to vary in cost per mile of right-of-way or by the number of acres impacted. We encourage you to contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ground disturbance should include a description of the disturbance with confirming evidence, Confirmation can include current photographs and/or older photographs of the project area which illustrate the disturbance (approximately keyed to a project area map), past maps or site plans that accurately record previous disturbances, or current soil borings that verify past disruptions to the land. Agricultural activity is not considered to be substantial ground disturbance and many sites have been identified in previously cultivated land. If you have any questions concerning archeology, please call Mike Schifferli at (518) 237-8643 ex!. 3281. M. Schifferli 03/01/02 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD To; Valerie Scopaz, Town Planner Gregory F. Yakaboski, Town Attorney EI",b,th A. Nmll, So.th.ld T.w. Ck'.@ Amended Change of Zone Application of Darrin E. Skrezec From: Re: Date: June 10, 2002 Attached please find a copy of the amended change of zone application of Darrin E. Skrezec for your review. cc: Supervisor & Town Board Members " . . RECEIVED JUN 3 2002 PETITION NO. 318'AMENDED PETITION Southold Town Clerk STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF DARRIN E. SKREZEC FOR A CHANGE OF ZONE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. ................................................................... TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Darrin Skrezec , residing at 840 Clearview Ave., Southold, Suffolk County, New York, the undersigned, am the owner of certain real property Situated at the souths ide of Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane, and more particularly bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO. ALSO KNOWN AS SCTM NO.: 1000 -74 - 4 -14.1 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning designation of tax lot 14.1 from a mix of Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential-Office (RO). " . . 3. Such request is made for the Following reasons: Please see addendum attached hereto and made a part hereof. JJCi~.' [. '~J'LJ Signature STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) DARRIN SKREZEC, BEING DULY SWORN, deposes and says that he is the Petitioner in the within action; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. /J~ c. ~~ Signature Sworn to me this 28th day ofMav. 2002 SCOTl' DESIMONE Notary Public, State of New~' No, 5055298 ~ V Qualified In~oun -r..- Commission Expires February 5. 200;1 " " . . ADDENDUM The subject property is a vacant 3.9 acre parcel ,located on the south side of County Route 48, approximately 250 feet west of Peconic Lane in Peconic. It is currently improperly zoned as a result of adjacent property zoning districts and adjacent property uses. The subject property is currently split zoned, predominantly Residential (R-40) and partially Hamlet Business, The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential-Office (tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 were recently rezoned on the Town Board's own motion from Residential (R- 40) to Residential -Office (R-O) pursuant to the County Route 48 study. Where the overwhelming majority of parcels reviewed were recommended for a change of zone to a less intensive use, these adjoining parcels were recommended for a more intensive use. The two adjacent properties to the west, lots 13 and 11, are zoned light Industrial. Lot 13 is configured as a flag lot and is improved with an aging 5,000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop, The property is constantly strewn with numerous autos, The next property to the west operates a stone and masonry yard with product always stored along the western property line. The subject property is not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. The Light Industrial zoning designation speaks for itself and does not permit any type of residential use whatsoever. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicated that a change of zone is needed, A request is being made to rezone to Limited Business and Residential Office. Limited Business and Residential Office have been identified in planning studies as transitional zoning districts. The property owner is a landscape designer and contractor and Limited business is the only zoning district that permits him to operate his business. As proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the of the parcel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. The change of zone request is in not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. , '12987PC158 . . SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Tawn of Soutlroid, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Middle Road (C.R 48) distant the following tout {4) "mm;es and distances from the intersection of the westerly side of Peronic Lane with the northerly side of Long Island Rail-Road: 1. northerly 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side ofPeconic Lane to land 1WW or formerly'of Julia Day Leo and Louise O. Day; 3. RUNNING THENCE along said lands South 55 degrees 18 minutes 10 seconds West, 175.00 feet; 4. RUNNING THENCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at . the point or place of beginning; RUNNING THENCE from said point of beginning, South 34 degrees 41 minutes 50 seconds East, 355.58 feet to land now or formerly of Dart; RUNNING TIffiNCE along said lands the following two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or formerly of the MTA (Long Island Rail Road); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or formerly of Bauer Farms, Inc.; RUNNING TIJENCE along said lands the following two (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Bauer Farms, Inc.; RUNNING TIJENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the southerly side of Middle Road (C.R. 48); RUNNING THENCE along the southerly side of Middle Road (C.R 48) North 52 degrees 48 minutes 40 seconds East, 406.98 fuet to the concrete monument at the point or place crHlEG1NNING. . APPLICANT _ TRANSACTIONAL DISCLOSURE ~ 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 NAME, 1)A~e.JN G. :::5~~F.Zer~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION, (Check all that apply.) Tax grievance Variance Change of zone )( Approval of plat _____ Exemption from plat or official map Other (If 'lOther," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a re1ationship with any. officer or emp10yee of the Town of Southo1d? "Re1ationship. inc1udes by blood, marriage, or business interest. "Business interest a means a business, inc1uding a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. YES NO~ If you answered "YES," complete the balance of this form and date and sign vhere 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. parent, _A) The town officer or employee or his or her spouse, sibling, or child is (check all that apply): the owner of greater than 5% of the shares of the corporate stock of the -applicant (when the applicant is a corporation); the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); an Officer, director, partner, or employee of the applicant; or the actual applicant. _8) _C) _D) DESCRIPTION OF RELATIONSHIP ~ Submitted this ~day Of~~ Signature MM""":' r ~-'-'-- Print name DAJt.~N 5KJ(,5zet:.-- Paul McGlynn ,. P.O. Box 206, N~d. Peconic, N.Y. 11958 . . Julia Day 337 W. 21" Street, Apt. 5-B New York, N.Y. 10011 Edward Dart P.O. Box 1, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: 1. That it is the intention ofthe undersigned to petition the Town Board of the Town of Southold to request a change of zone. 2. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west ofPeconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (HE) and Residential (R-40) 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) and Residential-Office (RO) 5. That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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-Mattituck Watchman, newspapers published in the Town of South old and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 27, 2002 By: Scott DeS imone, Esg. Attorney fur Petitioner 41780 ROllte 25 Peconic, New York 11958 (63 I) 765-3535 . . PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn Julia Day Edward Dart Bauer Fanns Inc. MTA-LIRR 3305 Peconic Lane 105 Peconic Lane 2935 Peconic Lane 32860 Route 48 -None- P.O. Box 206, North Rd., Peconic, N.Y. 11958 337 W. 21st Street, Apt. 5-B, New York, N.Y. 10011 P.O. Box 1, Peconic Lane, Peconic, N.Y. 11958 Bay Avenue, Cutchogue, N.Y. 11935 Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK)) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. imone Sworn to me this 30th day of May, 2002 SCOTT DESIMONE Notary PubliC. Slate of New Vorl< Q "fi No. 5055298 S',>~,,,.... / ,ue, I led In ~c:I";:)CIU County ftIJ Commission Expires February 5, 200)1' 14-1'6-2 {2/87)-7c . 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM . SEe Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proj€ or action may be significant. The question of whether an action may be significant is not always easy to answer. Freque, Iy, there are aspects of a project that are. subjective or unmeasureable. It is also understood that those who determi significance may have little or no formal knowledge of the environment or may be technically e.xpert in environment analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti, the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinati, process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actio 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 proje 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 provid, guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall 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 t~ impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 Part 1 0 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: o 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. o 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.' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. , A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Re5ponsible Officer in Lead Agency Title of ResponSible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If rlifff'rent from responsihle officer) Date . PART 1-PROJECT INFO.ATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant elf on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons ide as part of the application for approval and may be subject to further verification and public review. Provide any additio 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 invo new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION .." 7ec. ;). ."5 C47I :L€ ADDRESS CITY/PO ADDRESS <040 C-l v, I NAME OF OWNER (If different) DESCRIPTION OF ACTION C,H fW65 OF Z.ON~! ~-YO t H~ "ttJ L6 ~ (lL) ., I ZIP CODE CITY/PO Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) DForest DAgriculture DOther Ii ~ural (non-fan 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? -r;;;p a Soil drainage ft(Well drained 100 % of site DPoorly drained % of site b If any agricultural land IS Involv~/A,hOW many acres of soil are claSSified within soil group 1 through 4 of the N' Land ClaSSification System? acres (See 1 NYCRR 370) 4 Are there bedrock outcroppings on project site? DYes ~No a What IS depth to bedrock' ~-t~ (in feet) acres. J.f PRESENTLY acres AFTE'lfOMPLETION acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres -::SO\L/~ DModerately well drained % of site 2 5. A'pproximate percentage .oposed project site with slopes: ,Wo-. 015% or greater site, or district, listed o % 010-15% s % 6. Is project substantialiy contiguous to, or contain a building, Registers of Historic Places? DYes .!l(No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I I 8. What is the depth of the water table? ';O-SD (in feet] . on the State or the Nation, DYes ;iN 9. Is site located over a primary, principal, or sole source aquifer? p(Ves DNa 10. Do hunting, fishing or sheil fishing opportunities presently exist in the project area? DYes ~o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered DYes A!'No According to I dentify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation, DYes ~No Describe 13. Is the project sitvresentJy used by the community or neighborhood as an open space or recreation area DYes ~No If yes, explain Does the present",0e include scenic views known to be important to the community? DYes ~No Streams within or contiguous to project area: AlOlJf a. Name of Stream and name of River to which it is tributary 14. 15. 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name AlON€ b. Size (In acres) 17. Is the site served by existing public utilities? ~es DNo a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? Is the site located in an agricultural district certified pursuant Section 303 and 304? DYes ~No DYes DNo I ~~F6-OW1 )(Yes DNo j ~ to Agriculture and Markets Law, Article 25-AA, 18. 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 6171 DYes MNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes .2'(No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) . I a. Tot~1 contiguous acreage owned or controlled by proj.e~t. sponsor ~ acres b. PmJect acreage to be developed: rJ acres Initially; -=J---- acres ultimately. o Project acreage to remain undevell~ed () acres. d Length of project, in miles lJ (If appropriate) e. If th.e project is an expansion, indicate percent of e.1pansion proposed ~ %; Number of off-street parking spaces existing rJ, A. ; proposed ----AlJ1l---. g. Maxlnlum vehicular trips generated per hour tJ1A-- (upon completion of project)? h If residential Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i Dirnemions (In feet) of largest proposed structure ~ he'igh-t-;- Jj+ j Linear feet of frontage along a public thoroughfare project will occupy is? width; -4-(J~ - ,J /1+ length ft 3 2. How.much na'tural mate.i.e., rock, earth, etc.) will be removed. the site? 0 tons/cubic yards 3. Wiii disturbed areas be reclaimed? DYes DNo P(N/A a. If yes, for what intendcc purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNa c. Will upper subsoil be stockpiled for reclamation? DYes DNo 4. How many acres of vegetation (trees, shrubs, ground covers) wili be removed from site? ~ acres. 5. Wili any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes jJ(No - 6. If single phase project: Anticipated period of construction ~ I J\ months, (including demolition). 7. If multi-phased: .II. a. Totai number of phases anticipated PjA . ~n}.lmber). b. Anticipated date of commencement phase 1 III Pt month year, (including demolition). It c. Approximate completion date of finai phase (.1 It month year. d. Is phase 1 functionally dependent on subsequent p ases? DYes DNo 8. Wili blasting occur during construction? DYes .)(No 9. Number of jobs generated: during construction ~; after project is complete 10. Number of jobs eliminated by this project tJ I J\ . I 11. Will project require relocation of any projects or facilities? DYes ~o If yes, explain 12. Is surface liquid waste disposal involved? DYes .trNo 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? DYes Jl{NO Type 14. Will surface area of an existing water body increase or d~cre'ase by proposal? DYes )(fNo Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes No 16. Will the project generate solid waste? DYes %NO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes DNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. if yes, what is the anticipated rate of disposal? b. II yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? DYes DYes ~o tons/month. years. ~o 19. Will project routinely produce odors (more than one hour per day)? DYes ~o 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? DYes )!if No If yes, indicate type(s) 22. if water supply is from wells, indicate pumPin, capacity IJ )A gallons/minute 23 Total anticipated water usage per day tJ A gallons/day. , 24 Does project involve Local, State or Federal funding? DYes ~o if Yes, explain DYes ~o 4 .. .'25: Allprovals Required: . City, Town, Village Board ~Yes DNo City, Town, Village Planning Board DYes J!jNo City, Town Zoning Board DYes l1No City, County Health Department DYes !l(No Other Local Agencies DYes <f>J.No Other Regional Agencies DYes ~No State Agencies DYes ~o Federal Agencies DYes l(No . Type -roWN kJ\12-l> Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? gt;es .... If Yes, indicate decision required: Nzoning amendment Dzoning variance Dspecial use permit Dsubdivision Dsite plan Dnew/revision of master plan Dresource management plan Dother 2. What is the zoning classificatlon(s)of the site? p..-J-JO j I-l~LErf" DLJ':'.1 n~ I 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? Llt'lIrTeb ~fAll!'~S ~ fZB5If)gJJtj1'H.. OFP'\(,,g 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ;;Ud. i of t' "'AJ-e.<~ ..vr"A pLot 7~ cL..n~ n.- ~ 32} H7b~ 6. Is the proposed action consistentllvlth the recommended uses In adopted local land use plans? ~es D~ 7. What are the predominant land use(s) and zoning classifications within a V. mile radius of proposed action? ItcSIOP.'UTfA-L I"FFirJ<) ~~M.-, H/l1IVW/ 6V~'IIfUi:S, L}(/S/~, illI1l'n!:t> 1!nIS/f112 8. Is ,the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? /l{Yes 01' 9. If the proposed action is the subdivision of land, how many lots are proposed? /1//17 a. What is the minimum lot size proposed? 10. 11. Will proposed action require any authorization(s) for the formation of sewer or water districts? Will the proposed action create a demand for any community provided services (recreation, fire protection)? DYes ~o a. If yes, is existing capacity sufficient to handle projected demand? DYes DNo Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic? DYes DYes ~ education, polle 12. DYes ~ DNo. D. Informational Details Attach any additional information as may be needed to clarify your project If there are or may be any adver' impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate, avoid them. E. VerificCltion I certlfv that the information provided above IS true to the best of my knowledge Applicant/Sp:?"for Name - lL~~RAJ) z5~E?'_ Date uS'..;}.! .O~ Signature U-c""..~ r. ~__~_ _______ Title /')u)/Vt-?7Z If the action is in the Coastal Area, and you are a state agency, complete the Coaslal Assessment Form before proceedir with this assessment. 5 - 12087P~158. . SCl'rltI>UXiE A . DE,,"CKlYTIUN ALL that certJ:rin plOt, piece or parcel of land, situate, lying and being at Peconic, in the Town of SO\ltll.llld,...0JUnty of Suffolk and State of New York, bounded and descnl:led as follows: ~G ai a monnment set on the southerly side of Middle Road (C.R 48) distant the following four ~)~.and .distances from the intersection of the westerly side of Peconic Lane with the northerly side flfT ""lL1sland Rail Road: L .mmllerly 16D.96 feet along the westerly side ofpec;onic Lane; 2. North 34 degrees 41 minutes 50seconds West, 10.00 feet along the westerly side ofPeconic Lane to .land now..". fonnerly of Julia Day Leo and Louise O. Day; 3. RUNNING TIffiNCB along said lands South 55 degrees 18 minutes 10 seconds West:, 175.00 feet; 4. RUNNING TIffiNCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at the point or place of beginning; RUNNING THENCE from said point of beginning, South 34 degrees 41 minutes 50 seconds East, 355..58 feet to land now or formerly of Dart; RUNNING TIffiNCE along said lands the following two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds Bast, 135.79 feet to land now or formerly of the MIA (Long Island Rail Road); RUNNING TIffiNCB along said lands, South 55 degrees 05 minutes 20 seconds West 177.88 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands the following two (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 second!; West, 312.39 feet to the southerly side of Middle Road {C.R 48); RUNNING TIffiNCE along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 minutes 40 seconds East, 406.98 feet t<othe concrete monument at the point or place Of.BEGINNING. ~. u,''-----'' 'c:.:t:::' I 't -~ '. " I,~ 'V~ ' '\ ",/r @ < .0 1 . Jltt1 ..- __:1- *,10. \-. ---. 1t11>'1 mIll ~ 11 >or.. V' J .. .~ h : ~ g:~ a~ ~~~ . . N W-+E S ~ 7-'-~-~. NA TURf OF ZONING ACTION: SU5JECT PARCEL CURRENT!. Y SPLIT ZONED R-<IO & H6. PROI'OSED TO 6E REZONED TD L6 & RD. (;1(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1 (;1(;1(;1(;1(;1(;1 (;1(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1 (;1(;1(;1(;1(;1(;1(;1 """"",,",,0 O\'e PISTRICT <4O.cn55F OR O.Cl2 AGRE5 'v'O""O'v'O'v'OYO'v'O'v' (;100(;1(;1(;1(;1(;1(;1(;1(;1(;1(;1 (;1(;1(;1(;1(;1(;1(;1 TAX MAP No. 1000-14 -2-15 RICH FRANKLIN OVERTON -2-16 COUNTY OF SUFFOLK -2-11 SUFFOLK COUNTY I^IA TER AUTHOR I TY -2-22.1 EMANUEL G SFAELOS -2-35 BARBARA FlENER BOKINA . JOHN E BOKINA -2-31.2 CAROL HYDELL . CHARLES HYDELL -2-31.3 CAROL HYDELL -3-'1.1 MTA LONG ISALAND RAIL ROAD -3-12 MARGARET N SHAKESPEARE -3-13 JOAN MUNSTER. DOROTY VICTORIA -3-14 GLORIA I^IAXLER . SIDNEY I^IAXLER -3-15 LEE I BENINATI. MARIE BENINATI . EDI^IARD D DART -3-16 PATRICK ADIPIETTRO . ROBERT ADIPIETTRO -3-11 OLIVE HAIRSTON MURRAY -3-1'1.2 KEVIN TERRY -3-1'1.3 KENNETH L DICKERSON JR . KENNETH L DICKERSON SR -3-20 ALICE M PLATON -3-24.1 TOI^IN OF SOUTHOLD CCOCCCCO"ODOODOOOOCOOO oCDcOOOCOOODDDODOOOODCOOO o~DcococOOOOOC~DOOODDQDOO ~~Q~~oOooOOOOCOOOCDODaaao 0000000000000000000000000 QQDO~DDCDOOOOOOOOOOOOoooa ODOOOOOOooooooooooooooooo OODDDDODDODDDDOOOOOOOOOOa oooOOOOOOODOOOOOOOOoooooo ODOOOOOOODODDDOOODOOOOOoO ooooooOOoOOOOOOODDOOOOOOO oOOOOOOOODOOOOOOooooooooo oooOOOOOOODOOOOODODOOOOOO ooooooOOCOOOODOOOOOOooooo 00000000000000000000000 ooooooooooOOOOOOOOODOOO ~~g--~fi~~~Eti-ni~~ ~~~ZONE DISTRIC.T LB~~O ~~~ IIQ.oro SF ;~ ~~~ OR 2.132 AC.R.E5 :~ cccocCCcooODOOCCCoDOOCO cCCOCOOCOODDCOCCCCcc~co D~O~~OOOOODDCOOO~C~coooccoooooooocoocc OOCOOOOOOOCDCOOOOO~ooooooooooooo~on~cc 00000000000000000000000000000000000000 00000000000000000000000000000000000000 o~oooooooooooOOOOO~OQODOOOOOOO~ooo~oco ~~IIJIIII~~~~~III~~~~~ 11I11I11I1111I111 Qgggggggggg~~~g~g OQ~"ODOODDDDDDOC -4-5 JOHN P KRUPSKI AND BROTHERS INC -4-1.1 LEON PETROLEUM LLC -4-q ANDREAS PALlOURAS 4 STACY PALlOURAS -4-10 REGINA LORAH. CHESTER MISLOSKI 4 ROSE V ANDUSER -4-11 ROBERT H CHILTON -4-12.1 MTA LONG ISALAND RAIL ROAD -4-13 BAUER FARMS INC -4-14.2 EDI^IARD DART. JUDY DART -4-15 PAUL McGLYNN -4-161 JULIA DAY LEO -4-11 CATHY STANKOI^IICZ . GERAD STANKOI^IICZ -4-IB EDI^IIN FISHEL TUCGlO -5-1 BENNETT SYKES BLACKBURN . LOUISE BLACKBURN -5-4.1 IRENE HOLMES . BRIAN MOZER -5-5 KELL Y BENNETT . TRACY BENNETT -5-'1.2 GEORGE KOKKINOS I MARINA KOKKINOS -5-6 TOI^IN OF SOUTHOLD 1000-B6 -1-3.4 B. J REALTY RECEIVED JUN 3 2002 Southold Town eler" ",,~","GU<>d"""'Ollr-"oroO""'O"'CQ",C "'Of" ""MO~ ~ ""~OS~O '000 ","'e';cc'. ...~, is "'Ic'obc~ c' .~ollCn 1."". .....,-0'''']>;0"..01 Ne~ '(n,. ~lo~e EcM;o\lco Lc D"'~ OOF;~' r,OITo "e ocl~lnol 0' lhl; .'" H~'~"" ",Il" a" a"~"'" or the I""" .","e~( '''>"Fa'' s~al ,"oil be GC"";,,~,~,,, lo be vo"d l ocpl Ge<LIf'oo\lGo" ""''coted he,,,on ,,~o,,~ lha! '''''v~Y ...~. ~'~pO,~d '" o~"",daO<.~ ~Ilh 'he , ;'''''9 G"d.. 0' P,oolloe 'cc L""" ""'"V~~. oocr "'!L~~" N~,,:~~~.Sl~~dA:;:l("'~'~~~O;: :~,:~,~~;~ ,~ ".. p....oo '"'' """'~' 'h~ 'cX"~B~ " P'~PQc """ c" 1'10 b..M" lc ",~ lib' ~a",po'~. ~o"~m", tOlog""cyon"'eM"'l;n""tv"CC.".t8C<h.ce~n , -G ll~~."~;~~~'lc~r";~:^::,~~'~~ ;~~~it'~~~.~~. ;~,~;t',:;, JOHN C. EHLERS LAND SURVEYO 6 EAST MAIN STREET NY.S. LIe. NO. S02e RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 \\HP SERVER\DIPROS\20-24Orad.pro ='.,""",",'IHf',oe"""tR~o-~. . . ---.,-----.-------------- ~--'---- ------ - ----~-_.- RADIUS MAP FOR ZONE CHANGE 51TUA TEl PECONIG TOWNI SOUTHOLD SUFFOLK COUNTY, NY SUFFOLK COUNTY TAX # 1000-14-4-14.1 05-14-01,OS-2'1-01 APPLICANT, DARRIN SKREZEC 1>40 CLEARVIEW AVENUE SOUTHOLD, NY 11'111 i\" u-~io~~ Q\~~7\ :---- -.-- 0)0 ()\S~,?-\C~ 1-0'0~ v . '?- _ PJI 0RAPHIG SCALE ~-_..... 1"= 200' . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville/ Town Clerk From: Planning Board j,~ Date: July 12,2002 Re: Proposed Change of Zone for Skrezec/Day/Leo Located on the north side of Oregon Road, west of Bridge Lane in Cutchogue SCTM# 1000-74-4-14.1 The Planning Board concurs with review dated July 5, 2002, conducted by Nelson, Pope and Voorhis. The application needs further clarification prior to a decision. In summary: 1. The applicant has supplied conflicting information regarding the change of zone. The applicant needs to clarify which zoning district the applicant is proposing to re-zone the property to. 2. The applicant's intent with regard to use of the northern property should be identified. Currently, the proposal suggests split-zoning of the parcel. 3. The applicant should identify ifthe property will be subdivided and how access to the proposed southern and landlocked LB zone portion of the property of the lot will be achieved. Based upon the above outstanding issues, a recommendation from the Planning Board on the ahove referenced project cannot be issued at this time. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Maln Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Re: Valerie Scopaz, Town Planner!' Gregory F. Yakaboski, Town Attorney Elizabeth A. Neville, Southold Town Clerk~ Amended Change of Zone Application of Darrin E. Skrezec To; From: Date: June 10, 2002 Attached please find a copy of the amended change of zone application of Damn E. Skrezec for your review. cc: Supervisor & Town Board Members ,~--.. -,-' ~~r- ------ ~,;:: 4!J Southold Tow') r l.."nin~ Boo..,i , t . . RECEIVED JUN 3 2002 PETITION NO. 318 AMENDED PETITION Southold Town Clerk STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF DARRIN E. SKREZEC FOR A CHANGE OF ZONE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I, Darrin Skrezec , residing at 840 Clearview Ave., Southold, Suffolk County, New York, the undersigned, am the owner of certain real property Situated at the southside of Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane, and more particularly bounded and described as follows: SEE SCHEDULE "A" ATTACHED HERETO. ALSO KNOWN AS SCTM NO.: 1000 -74 - 4 -14.1 2. I do hereby petition the Town Board of the Town of South old to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning designation of tax lot 14.1 from a mix of Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential-Office (RO). . . . 3. Such request is made for the Following reasons: Please see addendum attached hereto and made a part hereof. JJc<~. . C. ~LJ Signature STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) DARRIN SKREZEC, BEING DULY SWORN, deposes and says that he is the Petitioner in the within action; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. IJ~ c. ~~ Signature Sworn to me this 28th day of Mav, 2002 SCOTT DESIMONE Notary PUbli.C, State of New ~ No 5055298 '5, Qualified In ~oun -z-r- Commission Expires February 5. 200; . . ADDENDUM The subject property is a vacant 3.9 acre parcel ,located on the south side of County Route 48, approximately 250 feet west of Peconic Lane in Peconic. It is currently improperly zoned as a result of adjacent property zoning districts and adjacent property uses. The subject property is currently split zoned, predominantly Residential (R-40) and partially Hamlet Business. The adjacent properties to the east fronting on Peconic Lane are currently zoned Residential-Office (tax lots 15 & 16.1 ) and Hamlet Business (tax lot 14.2). Lots 15 & 16.1 were recently rezoned on the Town Board's own motion from Residential (R- 40) to Residential -Office (R-O) pursuant to the County Route 48 study. Where the overwhelming majority of parcels reviewed were recommended for a change of zone to a less intensive use, these adjoining parcels were recommended for a more intensive use. The two adjacent properties to the west, lots 13 and 11, are zoned light Industrial. Lot 13 is configured as a flag lot and is improved with an aging 5,000 square foot potato barn in an advanced state of deferred maintenance. The tenant operates an auto body and auto repair shop. The property is constantly strewn with numerous autos. The next property to the west operates a stone and masonry yard with product always stored along the western property line. The subject property is not suitable for residential use. The R-O zoning district to the east permits as it's most intensive permitted use, a building owned by a fraternal organization and utilized for, amongst other things, a catering facility and by special exception, a restaurant. The Light Industrial zoning designation speaks for itself and does not permit any type of residential use whatsoever. An actual on-site inspection of the property together with a review of the adjoining zoning districts, as well as review of the actual and potential uses for the adjoining properties clearly indicated that a change of zone is needed. A request is being made to rezone to Limited Business and Residential Office. Limited Business and Residential Office have been identified in planning studies as transitional zoning districts. The property owner is a landscape designer and contractor and Limited business is the only zoning district that permits him to operate his business. As proposed, the portion of the property adjoining the property to the east currently zoned Residential Office would be rezoned to Residential Office. The remaining portion of the of the parcel which adjoins Hamlet Business and Light Industrial would be rezoned Limited business and allow use for his business. The portion to be rezoned Residential Office would act as a transitional zone between the proposed rezoned Limited Business and the existing Residential Office to the east. The change of zone request is in not only in accord with the Town's Comprehensive Master Plan but makes good planning sense as well. .. . 12087PC158 . . SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Town of Soathold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four \4) .ooon;es and distances from the intersection of the westerly side of Peconic Lane with the northerly side of Long Island Rail-Road: 1. northerly 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side ofPeconic Lane to land.now or formerly'of Julia Day Leo and Louise O. Day; 3. RUNNING 1HENCE along said lands South 55 degrees 18 minutes 10 seconds West, 175.00 feet; 4. RUNNING THENCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at the point or place of beginning; RUNNING lHENCE from said point of beginning, South 34 degrees 41 minutes 50 seconds East, 355.58 feet to land now or formerly of Dart; RUNNING THENCE along said lands the following two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or formerly of the MfA (Long Island Rail Road); RUNNING 1HENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands the following two (2) courses and distances: 1. North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the . southerly side{l[Middle Road (C.R 48); RUNNING THENCE along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 minntes 40 seconds East, 406.98 feet tothe concrete monument at the point or place af'BEGlNNlNG. . . APPLICANT TRANSACTIONAL DISCLOSURE FORK 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 NAME: 1)Afl-e.,JJI) G. -::5t:~F.Zer... (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone )( Approval of plat _____ Exemption from plat or official map Other (If "Other," name the activity.) Do you persona11y (or through your company, spouse, sib1ing, parent, or chi1d) have a re1ationship with any- officer or eap10yee of the Town of South01d? -Re1ationship- inc1udes by b1ood, marriage, or business interest. -Business interest- means a business, inc1uding a partnership, in which the town officer or e.p1oyee has even a partia1 ownership of (or emp10yment by) a corporation in which the town officer or emp10yee owns more than 5% of the shares. YES NO~ If you answered .YES,. co.p1ete the ba1ance 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 ~ay Of~~ Signature f)".......:. T ~~ Print name ~N 5KJ(.€zez.-- . 14-16-2 (2f87)-7c . . 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and r: Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 Part 1 0 Part 2 OPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: o 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. o 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.' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. , A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead 'Agency Print Dr 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 INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION C1 LOCATION OF ACTION (Include Street Address. Municipality and County) 5 I (J- '2 ec. .:s CdT'r BUSINESs TELEPHONE ib31) ~.. ADDRESS NAME OF OWNER (If different) ~ STATE r ZII;CODE . _JI'f~~ t~SINES~ TELEPHONE - . ___ CITY/PO ADDRESS <040 ZIP CODE CITY/PO DESCRIPTION OF ACTION C,HfW6e OF Z.ON~: P--40 . He:. to L6 ~ fU> . ,. I Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) DForest DAgriculture DOther ~ ~ural (non-farm: 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tidid as per Articles 24, 25 of ECl) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? -r.::; p a. Soil drainage: )l(We11 drained 100 % of ~ite D Poorly drained % of site b. If any agricultural land is involv~'AhOW many acres of soil are classified within soil group 1 through 4 of the NYS land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes ~No a. What is depth to bedrock? t>ijA, (in feet) acres. If PRESENTlY acres AFTE'LfOMPlETlON acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres ~CHL/~ DModerately well drained % of site 2 . f . d . . 'h I 5. Approximate percentage 0 propose project site Wit s opes: . ,M0-10% () 015 % or greater site, or district, listed % DlO-15% % % 6. Is project substantially contiguous to, or contain a building, Registers of Historic Places? DYes .D(No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? . I 8. What is the depth of the water table? ,JO-.5D (in feet) 9. 15 site located over a primary, principal, or sole source aquifer? p(Yes DNa 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes KNO According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) DYes ~No Describe on the State or the National DYes ~NO DYes )l{No 13. Is the project sitvresently used by the community or neighborhood as an open space or recreation area? DYes ~No If yes, explain Does the present~ include scenic views known to be important to the community? DYes AfNo Streams within or contiguous to project area: NO"'€' a. Name of Stream and name of River to which it is tributary 14. 15. 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name N()N~ b. Size (I nacres) Is the site served by existing public utilities? .~es DNo a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? Is the site located in an agricultural district certified pursuant Section 303 and 304? DYes INNo 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 6171 DYes tl(No 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~No 17. DYes DNo l ~F6CI'I1 ~Yes DNo j~ to Agriculture and Markets Law, Article 25-AA, 18. B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) . I a. Total contiguous acreage owned or controlled by project sponsor ~ acres. b. PPOJect acreage to be developed: rJ acres Inllially; ---=f---- acres ultimately. c. Project acreage to remain 'undeVe!J~ed () acres. d. Length of project, in miles: tJ (If appropriate) ,. "<" ",oj'd ,,'" ""00'0". '"d"'~ ",<e"' O~I~"""" ",","~d ~ %j f. Number of off-street parking spaces existing ; proposed ~. g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure ~ height; --.1f./..!.- width; j. Linear feet of frontage along a public thoroughfare project will occupy is? .tt-Dr ,J Jft length. ft. 3 . . 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? DYes DNa ~N/A a. if yes, for what intendc~ purpose is the site being reclaimed? b. Wili topsoil be stockpiled for reclamation? DYes DNa c. Wili upper subsoil be stockpiled for reclamation? DYes DNa 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes j1(No - 6. If singie phase project: Anticipated period of construction ~ months, (including demolition). 7. If multi-phased: .{I a. Total number of phases anticipated '-fA '. )n,umber). b. Anticipated date of commencement phase 1 wf-1+ month c. Approximate completion date of final phase II tl+ month d. Is phase 1 functionally dependent on subsequent ~ ases? DYes 8, Will blasting occur during construction? DYes .~o 9. Number of jobs generated: during construction~; after project is complete 10. Number of jobs eliminated by this project ~. . 11. Will project require relocation of any projects or facilities? DYes ~o o tons/cubic yards year, (including demolition), year. DNo If yes, explain 12. Is surface liquid waste disposal involved? DYes .krNo 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? DYes ~o Type 14. Will surface area of an existing water body increase or decrease by proposal? DYes )!!No Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes No 16. Will the project generate solid waste? DYes P(NO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c, If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes DNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. It yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? DYes DYes ,~o tons/month. years. ~o 19. Will project routinely produce odors (more than one hour per day)? DYes ~o 21. Will project result in an increase in energy use? DYes )if No If yes, indicate type(s) If water supply is from wells, indicate PUmPinj capacity .; )A gallons/minute. Total anticipated water usage per day "", A gallons/day. Does project involve Local, State or Federal funding? DYes ~o If Yes, explain DYes ~o 20. Will project produce operating noise exceeding the local ambient noise levels? 22. 23 24. 4 . 25. Approvals Required: . City. Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies . Submittal Date ~Yes DNo DYes lCINo DYes I(INo DYes Il(N 0 DYes ~No DYes ~No DYes ~o DYes ~NO Type lOW^, ..~ C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~es ___ II Yes, indicate decision required: ;.[zoning amendment Dzoning variance Dspecial use permit Dsubdivision Osite plan Dnew/revision 01 master plan Dresource management plan Dother 2. What is the zoning c1assilication(s)ol the site? p,.-I-JO j I-IArtlLiIT hO"'111~ . 3. What is the maximum potential development 01 the site il developed as permitted by the present zoning? 4. What is the proposed zoning 01 the site? LIt'llfTel!!l 8ot;1Alif~ ~ (l8':>I~J'I1_ IJFp)('K 5. What is the maximum potential development 01 the site il developed as permitted by the proposed zoning? :mi. i tf ,""AJ-€,(~ .vt,-.A. p.u 7~ cL.n~ n. ~ 3~~~#-t 6. Is the proposed action consistent~ith the recommended uses in adopted local land use plans? Ares ONe 7. What are the predominant land use(s) and zoning classifications within a V. mile radius of proposed action? ~c51 OP.lYTflK I" fOF1EF. J ~ M.../ H AmI VI &t5'~S I fj I/S I~, Ll1I1J'Tl!1> 6VSuri/C< 8. Is the proposed action compatible with adjoining/surrounding land uses within a V. mile? /fItves ONe 9. If the proposed action is the subdivision of land, how many lots are proposed? AI I ~ a. What is the minimum lot size proposed? Will proposed action require any authorization(s) lor the lormation of sewer or water districts? Will the proposed action create a demand lor any community provided services (recreation, fire protection)? DYes ~o . a. II yes, is existing capacity sufficient to handle projected demand? DYes DNo Will the proposed action result in the generation of traffic significantly above present levels? , a. If yes, is the existing road network adequate to handle the additional traffic? DYes 10. 11. 12. DYes ~e education, police, DYes ~o oNo. D. Informational Details Attach any additional information as may be needed to c1arily your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate Or avoid them. E. Verificl.!tion I certify that the information provided above is true to the best of my knowledge. App"cant/Sp~or Name 11.~Jt?AAJ ;:5~~ - Date 5..,J,7'0 '7 Signature Vr,.. ~ ['. .d.. Title /") Li )A.I:B'7t? _ _ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 . . Julia Day 337 W. 21" Street, Apt. 5-B New York, NY 10011 Edward Dart P.O. Box 1, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: I. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. 2. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west ofPeconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (lIB) and Residential (R-40) 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) and Residential-Office (RO) 5. That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 27, 2002 By: Scott DeSimone, Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 . . PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn Julia Day Edward Dart Bauer Farms Inc. MTA-LIRR 3305 Peconic Lane 105 Peconic Lane 2935 Peconic Lane 32860 Route 48 -None- P.O. Box 206, North Rd., Peconic, N.Y. 11958 337 W. 21st Street, Apt. 5-B, New York, N.Y. 10011 P.O. Box 1, Peconic Lane, Peconic, N.Y. 11958 Bay Avenue, Cutchogue, N.Y. 11935 Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK)) ss.: Melissa J. Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of South old; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. imone Sworn to me this 30th day of May, 2002 ~: N ~Pu 'c SCOTT DESIMONE Notary Public, State of New Vorl! a I'~ No. 5055298 S...q{ r" / ,ua, riled In rJu~;:)dlJ County fiI!J Commission Expires February 5. 209/' . 12087PG158 . . Se.JrEl)UL1!i A - DJ!:i<5CIUl""ITON ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, in the Town of S01l~County of Suffolk and State of New York, bounded and descnOed as follows: ~G at a monument set on the southerly side of Middle Road (C.R. 48) distant the following four ~t'l}_and<listancesfrom the intersection of the westerly side ofPeconic Lane with the northerly side fffT "'IlL 1sland Rail Road: }, ~HIIi!tlIeriy 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side ofPeconic Lane to land now JJr formerly of Julia Day Leo and Louise O. Day; 3. RUNNING TIffiNCE along said lands South 55 degrees 18 minntes 10 seconds West, 175.00 feet; 4. RUNNING TIffiNCE, North 34 degrees 41 minntes 50 seconds West, 345.58 feet to the monument at the point or place ofbeginning; RUNNING THENCE wm said potnt ofbegiDning, South 34 degrees 41 minutes 50 seconds East, 355..58 feet to land now or formerly of Dart; RUNNING TIffiNCE along said lands the following two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 feet to land now or formerly of the MTA (Long Island Rail Road); RUNNING TIffiNCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now or formerly of Bauer Farms, Inc.; RUNNING TIffiNCE along said lands the following two (2) courses and distances: L North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degrees 05 minutes 20 seconds West, 158.99 feet to land now or formerly of Baner Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the ~ southerly side of Middle Road {C.R. 48); RUNNlNG TIffiNCE along the southerly side of Middle Road (C.R. 48) North 52 degrees 48 minntes 40 seconds East, 406.98 feet 10 the concrete monument at the point or place Of'BEGlNNlNG. :r'.tL '...........~__.:....--- . I . . )If< , ..----?-----.-.- *,to. " I~C<< no III ... H)It,. W'J {'..... "t~ ' . . . . SCOTT DESIMONE ATIORNEY AT LAW 41780 ROtITE 25 - PECONIC - NEW YORK 11958 Phone 631 7653535 Email TaxCertEsq@aol.com Fax 631 7655148 RECEIVED June 2, 2002 .alll Elizabeth A. Neville, Southold Town Clerk Town Hall Main Road Southold, New York 11971 SowtfIo,...... a.. RE: Application for change of zone for property located at: sls Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTMNo.: 1000-74-4-14.1 Dear Ms. Neville: I ~ enclose an original affidavit of service in connection with the above referenced application previously submitted May 30, 2002. For future reference, please be advised that the Southold Town Code requires only the filing of an affidavit of service as evidence of mailing and does not require the filing of original receipts of mailing, which you are insisting upon. I am however, as a courtesy, enclosing the original certified receipts and three of the return receipti as well. I ask that you sign the enclosed copy ofthis letter indicating the receipt thereof. Please call me with any questions you may have concerning this submission. Thank you for your courtesy, cooperation and attention to this matter. Very truly yours, 1~ Received for filing: Original affidavit of service of notice (I) Original Postal Service certified receipts (5) Original Postal Service return receipts (2) C:\My Documents\LA W PRACTICE FILES\9 - ZONING & LAND USE\SKREZEC\lune 2 LETTER.doc . . Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 Julia Day 337 W. 21" Street, Apt. 5-B New York, N.Y. 10011 Edward Dart P.O. Box I, Peconic Lane Peconic, N.Y. 11958 Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 MTA-LIRR Jamaica Station, Jamaica, N.Y. 11435 YOU ARE HERBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. 2. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane. A copy of the metes and bounds description and the Suffolk County tax map is attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business (lIB) and Residential (R-40) 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) and Residential-Office (RO) 5. That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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-Mattituck Watchman, newspapers published in the Town of South old and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June I, 2002 By: Scott DeSimone, Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 . . PROOF OF MAILING OF NOTICE NAME PHYSICAL ADDRESS MAILING ADDRESS Paul McGlynn Julia Day Edward Dart Bauer Farms Inc. MTA-LIRR 3305 Peconic Lane 105 Peconic Lane 2935 Peconic Lane 32860 Route 48 -None- P.O. Box 206, North Rd., Peconic, N.Y. 11958 337 W. 21st Street, Apt. 5-B, New York, N.Y. 10011 P.O. Box 1, Peconic Lane, Peconic, N.Y. 11958 Bay Avenue, Cutchogue, N.Y. 11935 Jamaica Station, Jamaica, N.Y. 11435 STATE OF NEW YORK ) COUNTY OF SUFFOLK)) ss.: Melissa J, Hyatt-DeSimone, legal assistant for the attorney for applicant, with offices located at 41780 Route 25, Peconic, New York 11958, being duly sworn, deposes and says that on the 30th day of May in the year 2002 before me, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above- named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown the on the current assessment roll of the Town of South old; that said notices were mailed at the United States Post Office at Peconic, New York; that said Notices were mailed to each of said persons by certified mail, return receipt requested. one Sworn to me this 1st day of June, 2002 (Ji;;~ - SCOTT DESIMONE Notary Public. Stale of New Yor~,. No 505529~"'i>vf1"-- Qualified in t411368U County I Commission Expires February OJ, 20'1'"' , , 12087PC158 · . SCHEDULE A - DE:SCIUrIToN ALL that certain plOt, piece or parcel of land, situate, lying and being at Peconic, in the TOWn of S01l~County of Suffolk and State ill New York, bounded and described as follows: ~G at a momnnent set on the southerly side of Middle Road (C.R 48) distant the following four -E'!-):~.and -distances from the intersection of the westerly side ill Peconic Lane with the northerly side ffl' r ""lLl<bmd !WI Road: 1, '_tl.erly 160.96 feet along the westerly side ofPeconic Lane; 2. North 34 degrees 41 minutes 50 seconds West, 10.00 feet along the westerly side ofPeconic Lane to land noW.or formerly ill Julia Day Leo and Louise O. Day; 3. RUNNING TIJENCE along said lands South 55 degrees 18 minutes 10 seconds West, 175.00 feet; 4. .RUNNING TIIENCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at the point or place ill beginning; RUNNING THENCB wm said point of beginning, South 34 degrees 41 minutes 50 seconds East, 355..58 tb>t to l3nd now or formerly ill Dart; RUNNING THENCE along said lands the following two (2) courses and distances: 1. South 55 degrees 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East, 135.79 fee/to land now or formerly ill the MIA (Long Island !WI Road); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 seconds West, 177.88 feet to land now err furmerly of Bauer Farms, Inc.; RUNNING THENCE along said lands the fullowing two (2) courses and distances: L North 37 degrees 04 minutes 50 seconds West, 163.00 feet; 2. South 55 degreeS 05 minutes 20 seconds West, 158.99 feet to land now or furmerly of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 minutes 50 seconds West, 312.39 feet to the . southerly side of Middle R<>ad{C.R. 48); RUNNThIG THENCE along the SOutherly side of Middle Road (C.R 48) North 52 degrees 48 minutes 40 seconds East, 406.98 feet to.the concrete monument at the poiut or place a.r'BEGlNNlNG. ~ 'iL,-= , r :-- . . )l;tl ..- - _::l- !.M,\O h ---. '111';" ""'111 -.- ... 1 J '>'tv< W' J i . gd a~ H! '! II~ "'-; , ... ru CI U1 U1 0.34 ru Postage $ ...0 ... Certified Fee 2.10 ~ Return Receipt Fee 1.50 r'l (Endorsement Required) CI Restricted Delivery Fee CI (Endorsement Required) CI 3.94 CI Total Postage & Fees $ ~ JT1 Reclple,-'. -e;ty,.Stit, Paul McGlynn P.O. Box 206, North Rd. Peconic, N.Y. 11958 IT"' 's"i;eei:A IT' CI ~ ~ CI CI U1 CUTCHOGUE, NY 11935 U1 ru ...0 ... Postage $ Certified Fee ~ r'l CI CI Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 0.34 2.10 1.50 ~ Total Postage & Fees $ .j. 94 0:] ,:[1';' ~ U rn Recipient's Name (Please Print Clearly) (to be completed by mal e IT" -Street~. IT' CI ~ -tiiY:si Bauer Farms Inc. Bay Avenue, Cutchogue, N.Y. 11935 r'l IT' IT' or U1 ru ...0 "" postage $ Certified Fee I"- r'l o o o o or JT1 Return Receipt,Fee (Endorsement ReqUired) Restricted DeliveryFee (Endorsemeflt ReqUIred) 11958 Postage $ 0.34 Certified Fee 2.iO Return Receipt Fee 1.50 ) (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 3.94 r'l r'l r::J U1 U1 ru ...0 "" ~ r'l o o o o or JT1 Rec . ~'_~"'"I ft,., hA compreted by mailer) 0- .sire, IT' CJ -ciiy, I"- Edward Dart P.O. Box 1, Peconic Lane Peconic, N.Y. 11958 ~ ... IT' or NEW YORK, NY 10011. Postage $ 0.34 Certified Fee 2~10 Return Receipt Fee 1.50 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 3.94 U1 ru ...0 ... ~ r'l o r::J o r::J or rn IT' IT' o I"- -srreet Recif:';~"t'''' AI"'...... (PI.."..~p Print (:1.."r!"lltn h", ~~~_I_'~"'" '- -tiiy:s Julia Day 337 W. 21'( Street, Apt. 5-B New York, N.Y. 10011 0.34 2.10 i.50 ~). 94 Total postage & Fees $ Recipient's Name (Please Print Clearly) (to be completed by mailer) -1 ----------.-\ <r IT' o I"- S-I MTA-LlRR . Y 11435 Jamaica Station, Jamaica, N. . -t I- Complete items 1, 2, arid 3. Also complete item 4 jf Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if spac"e permits. b Agent o Addressee D. Is alive address different from item 1? .g,Yes If YES, enter delivery address below: !5l No .. 1. Article Addressed to: Bauer Farms Inc. Bay Avenue, Cutchcgue, N.Y. 1193513, Service Type o Certified Mail o Registered o Insured Mail o Express Mall o Return Receipt for Merchandise DC.C,D, 4. Restricted Delivery? (Extra Fee) DYes : 2. Article Number (Copy from service label) PS Form 3811. July 1999 Domestic Return Receipt 102595-99-M-1789 + "_.:- I. . \ te d 3. Also camp e let8 itemS 1, 2, a~ is desired. ComP4 'f Restricted Dellvel)' on the reverse item I and address . Print y~~:~:ereturn the c~rdi \~~~~j\pieCe, sa tha d to the bac 0 . Attach this ca~ 'i space permits. or on the iron , edto' 1. Article Address . o Agent o Addressee o Yes ONo Paul McGlynn North Rd. POBoX 206, . . . NY 11958 pecon1C, . . 3. Service Type 'I 0 ExpresS Mail, ,for Merchandise o CertifIed Mal 0 Return Recelp o Registered, 0 C,O,D. o Insured Mall 0 Yes . ? (Extra Fee) 4. RestrIcted Delivery. m service label) , 2. Article Number (Copy fro 102595.99-M-17B9 3811 July 1999 PS Form ' ",e Return Receipt Domes . . RADIUS MAP FOR ZONE CHANGE SIlVA TE: PEGONIC, TO~: 5OlJTHOLD SUFFOLK COUNlY, NY N ~ W~~E S SUFFOLK COUNTY TAX # 1000-14-4-14.1 05-14-01,05-2Q-01 - - /' --/ APPLICANT, DARRIN SKREZEC 1>40 CLEARVIEi1'4 AVENUE SOUTHOLD, NY IIQ11 - \v 'r ...... ....... S\,?-\ ~tO~~Q\ru ,.J:~J-J-\.. . u '?- _ PJO ...... .... -<,?-\C\ u. nISI no 1-0~'E- VI u.......... -- --- --- GRAPHIC. SC.ALE ~ 1"= 200' _I NATURE OF ZONING ACTION: su~ecr PARCEL CURRENTlY SPlIT ZONED R--'IO & HB, PROPD5ED TD !lE REZONED TD lB. TAX MAP No. 1000-14 -2-15 RICH FRANKLIN OVERTON -2-i6 COUNTY OF SUFFOLK -2-11 SUFFOLK COUNTY HATER AUTHORITY .2.22.1 iCMANUEL G SFAELOS -2-3eo BARBARA FlENER BOKINA a JOHN E BOKINA -2-31.2 CAROL HYDiC~l. a CHARLES HYDELL - 2 -31.3 CARO~ HYDELL -3-ql MTA LONG I::JALAND RA!L RO,A.D .3.12 MARGARET N SHAKESPEARE .3.13 JOAN MUNSTER a DOROTY VIC TOR,A .3.14 GLORIA HAXLER . SIDNEY HAXLER -3.15 LiCE I BENINATI, MARIE BENINATI . ED HARD D DART -3-16 PATRICK ADIPIETTRO a ROBERT ADIPIETTRO -3-11 OLIVE HAIRSTON MURRAY -3-IQ.2 KEVIN TERRY .3+1.3 KENNETH L DICKERSON JR a KENNETH L DICKERSON SR -3-20 ALICE M PLA TON -3-24.1 TOHN OF SOUTHOLD -4-5 JOHN P K"'-UPSKI AND BRO,HE"'-S INC -4.11 ~EON PE TROLEUM ~LC -4-Q ANDREAS PALlOURAS 5: ::JTAC"" PALlOURA:=J .4-10 REGINA LORAH, ChE:STER MISLOS<i a RO<:=JE v ANDUSER -4-11 ROBE"'-T H CHI~ TON -4-12.1 'iTA ~ON0 iSAl.AND RAI~ ROAD -4-13 BAUER ;=-ARMS INC -4-14.2 EDV'lARD DART a JUDY DA"'-T -4-15 PAcL MGG~ YNN -4-16.1 JULIA DAY ~EO -4.!l CATHY STANKOV'lICZ a GERAD STANKOHICZ -4-IB EDV'lIN FISHE~ TUCCIO -5-1 BENNETT SYKES Bl.ACKBURN a ~OUISE Bl.ACKBURN -5-4.1 IRENE HO~MES a B"'-IAN MOZE"'- .5.5 KELL Y BENNETT a T"'-AC Y BENNETT .5.Q.2 GEO"'-0E KOKKINOS a MARINA KOKKINOS .5-6 TOV'lN OF SOUTHOLD 1000.B6 -1-3.4 B a J "'-EA~ TY RECEIVED JUN 3 2002 Southold Town CierI JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. Lie. NO. 50202 RIVERHEAD, N.Y. 1190l 369-8288 Fax 369-8287 \\lIP SERVER\DIPROS\20-240RAD.pro ". . GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY . JOSHUA Y. HORTON ~ Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: greg.yakaboski@town.southold.ny.us mary. wilson@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Valerie Scopaz Principal Planner From: Mary C. Wilson, Esq. Assistant Town Attorney Date: April 8, 2002 Re: Darrin Skrezec change in zone application Valerie: rOo ~~.-. ~ ~...~_ ,.-C' ,.." to. .~~..~.~~ j\' c...- ~ . ..~. APR 0 9 2UUi! L Southold Town Pl.....ning Board Attached, please find page 2 (Part I, Project Information) of the EAF form regarding the Skrezec change in zone application. For your information, a copy of same has been faxed this date to Shana Lacey of Nelson, Pope & Voorhis, LLC. Mary attachment . PART 1-PROJECT INFORM.ON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe, on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerc as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invoil new studies, rese~rch or investigation. If information requiring such additional work is unavailable, so indicate and speci each instance. ' CITY/PO ZIP CODE H ADDRESS u '1")<<Il-i) DESCRIPTION OF ACTION ZIP CODE CITY/PO ~. ~ r tIfv+O ~~ Please Complete Each Question-Indicate N.A. if not applicable I , A. Site Description Physical setting <pf overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) DForest DAgriculture DOther If J;1(R'ural (non-farr 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tid~1 as per Articles 24, 2S of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) acres. l-} PRESENTLY AFTER COMPLETION acres 4= acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ~Well drained \00 % of ~te DModerately well drained % of site DPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N' Land Classification System? ~.A-. acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes ~o a. What is depth to bedrock? fJ . A; . (in feet) 2 . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO . ) PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Elizabeth A. Neville, Southold Town Clerk Victor L'Eplattenier, Senior Plan~ March 18,2002 Date: Re: NYS Office of Parks, Recreation and Historic Preservation Correspondence Archaeological and Historical Sensitivity Attached please find correspondence from Nelson, Pope & Voorhis, LLC, pertaining to five sites, two of which are affordable housing sites currently under review for proposed zoning changes to AHD. This correspondence is being forwarded to you for your attention and any recommendations the Town Board may have regarding these sites. encl. ~\ /::::: I' IHt'I:- .L c::.- c::.~I:::::Ic::. 11 ; 1:::1';::1 NcL~UN ~ ~U~c,LL~ :>lb 4".( :>bd1 1-'.111/11 . · IJl oPf--Y"i NELSON. POPE 6: VOORHIS, LL6.. ~ ENVlFIONlVENTAL . PLANNING . CONSUL TJNG /' Dfl1r- 572 WAl","r WHITMAN ACAD. M;:LVJLLIi. NY 11;'47 ~ 21B8 C631} 427-SS6S F=AX (S::::! l' 42/'-.esS20 npvenolsonpope.CCf'"Tl FAX COVER SHEET To: Victor LaPlatnea Fax: 765-1823 From: Shana Lacey Date: March 11,2002 Re: NYS Office of Parks, Recreation and Historic Preservation Correspondence No.o/Pages: 12 (including Cover) Comments: Victor, Attached please find the correspondence from NYS OPRHP with regard to archaeological and historical sensitivity on the following parcels/projects: 1. Zoumas. Bayview 2. Forestbrook. Bayview 3. MaTine. Greenport 4. '~".;.._ 5. Mattituck Housing, Mattituck Please feel free to call should you have any questions or require any additional information. Sincerely, Shana I~ MAR-12-2002 11:09 NELSON & POPE,LLP 515 427 5520 P.01/11 -~ ~ & VOORHla ~ ~~~~.~O.:a:~~~E. ~ 9?~U.L;~r;;~ Db (631) 427-5SS5 FAX {S31) 427-:;620 , ,.,pve~eleonpape.cor"T1 e, \ FAX COVER SHEET To: Victor LaPlatnea Fax: 765-1823 From: Shana Lacey Date: March 11, 2002 Re: NYS Office of Parks, Recreation and Historic Preservation Correspondence No. of Pages: 12 (including Cover) Comments: Victor, Attached please find the correspondence from NYS OPRHP with regard to archaeological and historical sensitivity on the following parcels/projects: 1. Zoumas. Bayview 2. Forestbrook. Bayview 3. MaTine. Greenport 4.~,tecmu~ 5. Mattituck Housing, Mattituck Please feel free to call should you have any questions or require any additional information. Sincerely, Shana MBR-12-2002 11:11 NELSON & POPE,LLP 516 427 5620 P,06/11 . ,Y'.""-'t(,.\ t*i !J III ~ I ~ tEW YORK STATE ; Bernadene Castro Commissi0ll6r . . svII New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles Island, PO Bex 189, Waterford, New York 12188.0189 518.237-8643 Marcb 6, 2002 Shana M. Lacey Nelson, Pope & Voorbis, LLC 572 Walt Whitman Road Melville, New York 11747.2188 Dear Ms. Lacey: Re: SEORA Skrezic Change ofZonelPeconic/CR 48 SCTM #1000.74-04.14.1 Southold, Suffolk County 02PR0997 Thank you for requcsting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP) concerning your project's potential impact/effcct upon bislOric and/or prehistoric cultural rosources. Our Staff has reviewed the documentation that you provided on your project. Preliminary comment. and/or requests for additional information are noted on separate enclosures accompanying this lener. A determination ofimpacrJeffect will be provided only after ALL documentation requiremcnts noted on any enclosures have b_ mct. Any questions concerning OUr preliminary comments and/or requests for additional information should be directed to the appropriate s13ff person identificd on each enclosure. In cases where a state agency is involved in this undertaking, it is appropriate for that agcncy to determine whether consultation should take place with OPRHP under Section 14.09 of the New York S13te Parks, Recreation and Historic Preservation Law. In addition, if there is a.ny federal agency inVOlvement, Advisory Couocil on Historic Preservation's regulations, "Protection of Historic and Cultural Properties' 36 CFR 800 requires tb.1t agency to initiate consultation with the State Historic Preservation Officer (SHPO), When responding, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, ~,Pw.pw Ruth L. Pierpont DirectOr RLP:bsd Enclosure(s) An Equal Opportunity/Affirmative Action Agency o prinllld (In rocyclllf pOIlMr MAR-12-2002 11:11 NELSON & POPE,LLP 516 427 5620 P.07/11 . . ARCHEOLOGY COMMENTS 02PR0997 Based on reported resources, therc is an archeological si\c in or adjacent to your project area. Therefore the Office of Parks, Recreation and Historic Preservation (OPRHP) recommends that a Phase I archeological survey is warranted for all ponions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRHP. Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I survey is designed to determine the presence or absence of archeological sites or other cultural resources in the project's area of potential effect. The Phase 1 survey is divided into two progressive units of study including a Phase lA sensitivity assessment and initial project area field inspection, and a Phase] B subsUl1'ace testing program for the project area. The OPRHP can provide standards for conducting cultural resource investigations upon request. Cultural resource surveys and survey reports that meet these standards will be accepted and approved by the OPRHP. Our office docs not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase 1 survey. Many archeological consulting firms advertise their availability in the yellow pages. The services of qualified archeologists can also be obtained by contacting local. regional. or statewide professional archeological organizations. Phase 1 surveys can be expected to vary in cost per mile of right-of-way or by the number of acres impacted. We encourage you to contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ground disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current photographs and/or older photographs of the project area which illustrate the disturbance (approximately keyed to a project area map), past maps or site plans that accurately record previous disturbances. or current soil borings that verify past disruptions lO the land. Agricultural activity is not considered to be substantial ground disturbance and many sites have been identified in previously cultivated land. If you have any questions concerning archeology, please call Mike Schifferli at (5]8) 237-8643 ext. 3281- M. Sch; fferli 03/01/02 RECEIVED . jv$' Pb 1 \/':> R-~ ,,' , ]\'- " Southold Town CierI. ROBERT J. GAFFNEY SUFFOLK COUNlY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING November 7, 2001 Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: Application of "Darrin Skrezec" (#318) " for a change of zone from R-40 and HB to LB, at Peconic in the Town of South old (SD-01-5), Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: I. It constitutes the unwarranted further perpetuation of strip business development along Middle Road (C.R. 48); 2. It would tend to establish a precedent for further such downzonings in the locale along C.R. 48; 3. Premises can be reasonably developed in accordance with existing zoning; 4. It contravene past actions ofthe Town Board in diminishing strip commercial zoning throughout the Rte. 48 Corridor; and, 5. It is inconsistent with the Town of Southold Rte. 48 Corridor Study which calls for the preservation and enhancement of the rural and scenic vista characteristics of said roadway. Very truly yours, Thomas Isles Director f Planning L. I~ GN:cc G:\CCHORN'to,zONING..zONING\ WORKINGICOM21J111 \NO\~SD" I.,. NOV Scl.4'NlIId Town PfanniRgloerd LOCATlON H. LEE DENNISON BLOG - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY I 1788-0099 . (63 I i 853-5190 TELECOPIER (631) 853-4044 . . PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Elizabeth A. Neville, Town Clerk FROM: Bennett Orlowski, Jr., Chairman tJ.D.'f"/Ji;r DATE: October 24,2001 SUBJECT: Change of Zone Request for Carrin Skrezec Route 48, South old SCTM#1 000-74-4-14.1 Pursuant to our recommendation of August 14th, the Planning Board was asked by the applicant's attorney, Scott DeSimone, to reconsider its position. The Board has reviewed the additional information and has re-affirmed its initial reGOmmendation that this petition be denied. If the property owner wishes to pursue his proposal, he is entitled to submit a change-of-use application to the Zoning Board of Appeals. Ick . . , . . SCOTT DESIMONE ATIORNEY AT LAW 41780 ROUfE 25 - PECONIC - NEW YORK 11958 Phone 631 765 3535 Email TaxCertEsq@aol.com Fax 631 765 5148 , !\0 J:5J!fJl ~'~'. -r-. / August 27, 2001 " .... ............. ....IMJM Town of Southold Town Hall Main Road Southold, New York 11971 Attn: Bennett Orlowski Jr.,Chairman Southold Town Planning Board Dear Mr. Orlowski: RE: Application for change of zone for property located at: sls Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTMNo.: 1000-74-4-14.1 The following represents the action taken by the Town Board relative to adjacent parcels as per the Cramer Report: Lot Front part oflot 5: Rear part oflot 5: 7: 8: Front part of9: Rear part of 9: 10: 11: 13: 3-13: 3-14: 3-15: 3-16: Prooosed change B to RO BtoLB None None B to RO BtoLB B to RO None None R-40 to RO R-40 to RO R-40 to RO R-40 to HB Action taken None LB None LB None RO RO RO HB C:\My Documents\LA W PRACTICE FlLES\9 - ZONING & LAND USE\SKREZEC\AUGUST 27 PROPOSED CHANGES OF ZONE.doc " . . . 15: R-40 to RO RO 16: R-40 to RO RO 1: R-40 to HB HB 5: R-40 to HB HB . , - cc: Town Board Betty Neville, Town Clerk Darrin Skrezec C:\My Documcnts\LA W PRACTICE FlLES\9 - ZONING & LAND USE\SKRFZEC\AUGUST 27 PROPOSED CHANGES OF ZONE.doc " . Scan DESIMONE . ~ ATIDRNEY AT LAW 41780 ROUTE 25 - PECONIC - NEW YORK 11958 Phone 631 7653535 Email TaxCertEsq@ao1.com Fax 631 7655148 August 22, 2001 Town of South old Town Hall Main Road Southold, New York 11971 Attn: Bennett Orlowski Jr.,Chairman Southold Town Planning Board RE: Application for change of zone for property located at: sls Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Mr. Orlowski: Thank you for your invitation to address the Board concerning this matter. My client and I will be present at the August 27, 2001 Planning Board work session scheduled for 4:30 P.M. ~~- cc: Town Board Betty Neville, Town Clerk Darrin Skrezec F~.i,i ~.' ~m~11~~.., ...~,~...i..'. " .,", V ,.', I , . j'} i. 'g, AUG 2 3 2001 l. ,> Southold Town Planning Board C:\My Documents\LA W PRACTICE F1LES\9. ZONING & LAND USE\SKREZEC\AUGUST 22 PLANNING DEPT LETTER,dOl;: . SCOTI DESIMONE . ATIDRNEY AT LAW 41780 ROUTE 25 - PECONIC - NEW YORK 11958 Phone 631 7653535 Emai1 TaxCertEsq@aol.com Fax 631 7655148 August 17, 2001 ~,~~"",' ;' " ;~..~", ':~ ' AUG 2 0 2001 .:# Southold Town Planning Board Town of South old Town Hall Main Road Southold, New York 11971 Attn: Bennett Orlowski Jr.,Chairman Southold Town Planning Board RE: Application for change of zone for property located at: sls Route 48 approx. 155' west ofPeconic Lane Peconic, New York SCTM No.: 1000-74-4-14.1 Dear Mr. Orlowski: I am in receipt of a copy of your memo concerning the above referenced Change of Zone application. Obviously, I am disappointed with the Board's recommendation. It caught me by surprise because I had anticipated being notified of the date when this matter would be on the Planning Board work session agenda. I certainly would have attended the work session even if only to listen to the discussion, and certainly would have requested permission to address the Board concerning the application. I would sincerely appreciate the opportunity to briefly discuss this matter with you. Accordingly, I would like to schedule a meeting with you at your earliest possible convenience. Please advise. Thank you for your courtesy, cooperation and attention to this matter. cc: Town Board Betty Neville, Town Clerk Darrin Skrezec Very trulY. ours ~, . 0.:- C:\My Docwnents\LA W PRACTICE FILES\9 - ZONING & LAND USE\sKREZEC\AUGUST 17 PLANNING DEPT LETTER.doc Ru~ 17 0:. ;.1: 13.. Scott DeSlmone 631-765-5148 . . p.1 Scorf DESIMONE ATIDRNEY AT LAW UJAQF P8 ((f.- 417g0R.:;UTE25 - PECONIC -. NEWYORKIl95B Phone 631 765 3535 Emnil TaxCertEsq@aoLcom Fax 631 765514B August I 7, 2001 Town of Southold Town Hall Main Road Southold, New York 11971 Ann: Bennett Orlowski Jr.,Chairman Southold Town Planning Board RE: Application for change of zone for property located at: sls Route 48 approx. 155' west of Peconic Lane Peconic, New York SCrM No.: 1000-74+14.1 Dear Mr. Orlowski: I am in receipt of a copy of your memo concerning the above referenced Change of Zone application. Obviously, I am disappointed with the Board's recommendation. It caught me by surprise because I had anticipated being notified of the date when this matter would be on the Planning Board work session agenda. I certainly would have attended the work session even if only to listen tc the discussion, and certainly would have requested permission to address the Board concerning the application. I would sincerely appreciate the opportunity to briefly discuss this matter with you. Accordingly, I would like 10 schedule a meeting with yuu at your earliest possible convenience. Please advise. Thank you for your courtesy, cooperation and attention to this matter. cc: Town Board Betty Neville, Town Clerk Damn Skrezec Very truly ors x;'-- ~cott De . - C:\\ly o..cumc.n\L.-\W I"RACTICE fILES'.9. ZOl\JN(j& LAND USE\SKJl.EZEC\AUO:J'iT 11 r-:AJ\.I\IING DiiPT L~lIE1ljO)O , .. . . WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chainnan PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Elizabeth Neville, Town Clerk Bennett Orlowski, Jr., Chairman Planning BoarW FROM: RE: Change of Zone request for Darrin Skrezec Route 48, Southold SCTM# 1000-74-4-14.1 Zone Low Density Residential (R-40) & Hamlet Business (HB) DATE: August 14,2001 REQUEST This is a request for a zone change from Low Density Residential (R-40) and Hamlet Business to Limited Business (LB). REVIEW This parcel is located on the scenic corridor of Route 48. The 3.7 acre parcel is presently zoned R-40 on the larger piece facing Route 48, and a smaller portion of the property on the south side against the railroad tracks is zoned Hamlet Business (HB). The area to the north across Route 48 is zoned Low Density Residential (R-80) and is heavily treed. Two lots to the west of the property are zoned Light Industrial (L I). However, the car repair shop and the stone and gravel business buildings are both about 400' from route 48. The front landscaped area of both these parcels masks this commercial operation. This general area has a feeling of openness and of a rural character. The present owner, Mr. Skrezec, bought the property on November 2, 2000. Before this sale on September 30, 2000 a small strip of this property 10' by 175' was transferred by deed to Julia Day Leo, the adjoining property owner, thus her existing Residential Office (RO) parcel now has this small 10' by 175' strip added to it that is zoned R-40. ... . . RECOMMENDATION The small portion of the subject parcel that is currently zoned Hamlet Business (lIB) should be rezoned to Low Density Residential (R-40) as is the rest of the property. This would be in keeping with the Town's desire to retain the scenic vista along Route 48. If this parcel were rezoned to Limited Business (LB), as requested, the existing residential parcel could become a restaurant, hotel or a machine shop, which is not in keeping with the Town's plan for Route 48. I would also recommend that the Owner ofSCTM # 1000-74-4-16 Julia Day LEO prepare a lot line application. This process will then make this lot recognized by the Town. The small strip should then be rezoned to Residential Office to conform to the rest of this lot. . . . 'f. PJ Irs. f(K:-- 1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 4,2001 C":::">. ~-'-----"~,~- ,'-'''' ':., \ :, '" ,', .. ", '"'- I " AUG 0 6 20U) SGct'ddTlN!fj ~.~rtif Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed change of zone application of Darrin Skrezec for change of zone from Low-Density Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) on his property located at the south side of County Road Route 48, Southold. Please. prepare an official report defining the Planning Board's recommendations with regard to this proposed change of zone and forward same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, O~HIO~ Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney S.DeSimone, Attorney D. Skrezec . . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 547 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31,2001: WHEREAS a petition has been received from Dafrin Skrezec for a chanl!e of zone from Low-Densitv Residential (R-40) and Hamlet Business (HB) to Limited Business (LB) on a certain property located on the south side of County Route 48 and one lot west ofPeconic Lane, Peconic, New York and identified as SCTM#IOOO-74-4-14.1; now therefore, be it RESOL VED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planninl! Board and the Suffolk County Department of Planninl! for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. ,(7f~-.lA".fQ2:;l~tL. Elizabeth A. Neville Southold Town Clerk Change .of ZOl'le Petition NO.18 . "filed 6/8/01 SCOTT DESIMONE A'xJ/CF .~ ATIDRNEY AT LAW 41780 ROmE 25 - PECONIC - NEW YORK 11958 Phone 631 7653535 Email TaxCertEsq@ao1.com Fax 631 7655148 RECEIVED June 7, 2001 Town of Southold Town Hall Main Road Southold, New York 11971 Attn: Members of the Town Board JUN 8 2001 Soufhold TOWD CI..... RE: Application for change of zone for property located at: s/s Route 48 approx. 250' west of Peconic Lane Peconic, New York SCTMNo.: 1000-74-4-14.1 Dear Members of the Town Board: My client, Darrin Skrezic, is submitting his application for a change of zone for the above referenced parcel. We would like to bring to your attention the following associated matter. My client purchased the property several months ago from several people, one of wholll. is an adjoining property owner. My client was purchasing only plo tax lot 14.1 That portion of the parcel represented on the attached "change oflot line" map as a 10' wide driveway adjoining "lot 2' on said map was to be retained by the owner of lot 2. The transaction occurred however without seeking subdivision approval by the town. A lot line change application is being submitted to the planning department on or before Tuesday June 12,2001. We bring this to 'your attention for two reasons. First, the Suffolk County Tax Services Agency has already altered the tax map to reflect the change. Lot 1 on the enclosed map known as tax lot 16 is now tax lot 16.1 showing the addition of the strip. Second, the 10 foot strip is zoned R-40 and the original tax lot 16 is zoned HB. Thereforeou would now have a split zoned parcel. I suspect the Town would want to see the to foot strip rezoned to HB to conform with the zoning of the original tax lot. If you have any questions, please do not hesitate to contact me. Thank you for your courtesy, cooperation and attention to this matter. cc: Darrin Skrezic r(~~~~~.~~~~'~-r ; -.: ".:: ... ,~.\ ~.:;<'.C'; \. ..f ,,:': -, .! JuN 11 2001 Southold Town Planning Board C:\My DocumentsU - SCOTt DE SIMONE. ATTORNEY AT I.AW\3 - REAL ESTATE TRANSACTIONS\I. CLOSED REAL ESTATE FlLESISCREZIC from DAY. 2000 1TIT..E CLOSED\6-7 dw1p ofzone ltr.doc . Town Of South old P.O Box 1179 Southold, NY 11971 . * * * RECEIPT * * * Date: 06/08/01 Transaction(s): Change of Zone 1 Petition -# 318 Check#: 1113 Name: Skrezic, Darrin Natural Landscape Accents 840 Clearview Ave. Southold, NY 11971 Clerk ID: L1NDAC Receipt#: Total Paid: 1113 Subtotal $1,000.00 $1,000.00 Internal 10: 33677 , I . . . PETITION NO. 3/ &> PETITION STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF 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. I, DA Il.lZ IN f, 'S~RE2Ec... ,residing at eq/) ~ ~ ~t{,.ok- Petitioner ttew '{01Al u,\ 1/ I County, New York, the undersigned, am the owner of certain real property Suffolk situated at ~ ~ tf.f> 1 P~...) rv.:{. , and more particularly bounded and described as follows: SEE "SCH t DV le A A\-so AITACHeD ~OW() CtS SL -rM t-.Jo. ioco-,4 - z.i - _ IY, \ 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: wY'r~ 'Z-O'Y\IV\J '. r'ropcJ's-ed Zonvr~ : Aili> "~I.'ET ~~I~ R-~; L I Wll kd B US \ Y\ e..osc:;:. . , " . . .. . 3. Such request is made for the following reasons: rYDf~ .AA ~ZO'Vl~ rz-~ In fu ~ ~d lI-tCtAKUf ~ vn ~t"tlcvt. M~ f~ i.o ~ wut tU.t ~ ~JhA~ ctML(, , ~ ~""W4 1:0 \1.v- ...e~ CV1L zCMd /.01rI~' ~ ~ yu~ ..v1 ~ tw~~o, ct ~ .Y'\-~ I ~ <1A M 1-W- II ~ ~e-ct ~ (.].- fJo .AA ~ ~ ~ 6.<'~ ~~~ ~ I 12.. t:t~aJ~~ STATE OF NEW YORK) . 0.. - ss: COUNTY OF SUFFOLK) . 7. ~~~u;e 1:a l-tu- ~ ~ DA~l'LllJ 6. :s ILt2..G2-6'C.. , 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. ;J~_. T. ~~ Sig ature Sworn to before me this (p u... day of ~_ , ~ .roO\ (S~i~ SCOTT DESIMONE Notary Public, Slate of New Yortc Q I'~ No 52~~29k '11.111""- . ua hied In ',""""", COUnty Commission Expires February 5. 20QtfY , . TOwN BOARD, TO~F SOUTHOLD . ,. DARRIN E. SKREZEC NOTICE TO ADJACENT PROPERTY OWNERS In the Matter of the Petition of to the Town Board of the Town of Southold TO: NAME Paul McGlynn Julia Day Edward Dart Bauer Farms Inc. MTA-LlRR PHYSICAL ADDRESS MAILING ADDRESS 3305 Peconic Lane P.O. Box 206, North Rd., Peconic, NY 11958 3105 PeconicLane 337 W. 21" Street, Apt 5-B, New York, N.Y. 10011 2935 Peconic Lane P.O. Box I, Peconic Lane, Peconic, N.Y 11958 32860 Route 48 Bay Avenue, Cutchogue, N.Y. 11935 -None- Jamaica Station, Jamaica, N.Y 11435 YOU ARE HERBY GIVEN NOTICE: L That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a change of zone. 2. That the property which is the subject of the petition is located adjacent to your property and is described as follows: The subject property is vacant land containing approximately 4 acres and is located on the south side of County Route 48, Peconic, New York, approximately 250 feet west of Peconic Lane. A copy of the metes and bounds description and the Suffolk County tax map i. attached. 3. That the property which is the subject of such petition is located in the following zoning district: Hamlet Business and Residential (R-40) 4. That by such petition, the undersigned will request that the above-described property be placed in the following zone district classification: Limited Business (LB) 5. That within five days from the date hereof, a written petition requesting the relief specified above will be filed in the Town Clerk's office at Main Road, Southold, New Yark and you may then and there examine the same during regular office hours. 6. That hefore the relief sought may he granted, a puhlic hearing mlL~t he held on the matter hy 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 South old and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 7, 2001 By: Scott DeSimone, Esq. Attorney for Petitioner 41780 Route 25 Peconic, New York 11958 (631) 765-3535 . "" r-- 0- IT! u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestl( MdllOnly No 11I'>IJrdncp Coverage Provided) ..JJ r-- ..JJ r-- Postage $ Certified Fee ..JJ r-'l o o Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) o o .or- IT! Total Postage & Fees $ Reclp/ent's Name (pI e(!')TT (ro e -Stroet:APT-No.:.~or-PO-Bo;~o.rTORNEY--AT-iAW---------_nnu_------ ~ "C"".St't."ZI'4'178o ROUTE 25 --- PfC.oNIC - NY 11958 0- 0- o r-- .." "" 0- IT! ..JJ r-- ..JJ r-- Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Recipient's Name I ri, t b ..JJ r-'l o CJ CJ o =f- IT! 0- 0- o r-- Str-ee""t::.;,p-t:-f./o.;-r;;-P6-WPfORNEY-AT LAW "Cii,i"S;'t'4mii"RoiliE"2S"::::"PFriimc":=UNyUii"958 ru 0- 0- IT! ..JJ r-- ..JJ r-- Postage $ O.J4 Certified Fee 1.90 1.50 ......-;;~{~~-"', ~. .."..- l?h .' '~~ H~ ~ '~\ . le~KSCTIlQ~;4\ /07/;;~. )0:1 ,. 1(,00' , ..JJ r-'l o o Return Receipt Fee (Endorsement Required) Restricted Delivery, Fee (Endorsement ReqUired) o o .or- IT! Total Postage & Fees RflClpient's Name (plea ~ -Stroet.-AP-CNO.:.-o~ii6-BOX'i:rr~~~~;-~;--~~~----- -.---------.___ ~ "Cii,iSt,,,"ZIPai7so 10flJ'l 2Su=" mUm mm mm m'muuu . .." o o .or- ..JJ r-- ..JJ r-- Postmark Here ..JJ r-'l o o Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) KSCTIlQ ~ Total Postage & Fael $ ~,..0 ~ Reclplent's Nam t!l:f'fTe8UESfM:ed by mail~~h IT" .st;eet;APTNo.;-o~-P6-BOX-NO:------n-_..h'._'.U...-QN.E ....---..----.--- g; .cit;,.S{i:.::E....:--.-~~Q~~~1D;nA'!hk~W.....-....-".....-........... r-- ru r-'l o ~ u.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc M,ul Only; No Insurance Coverage ProvIded) &A ..JJ r-- ..JJ r-- Postage $ Certified Fee ..JJ r-'l o CJ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement RequIred) o o .or- IT! Total Postage & Fees $ Recipient's Name SCQT~T:mgiMONE_ 'Street;-;,p-t:-No.;'or-pa-Sox No. ATTORNEY"AT"LAWuu" -ciiy,-Stiit.:,-r..::-.{nnunnm-. 0- 0- o r-- :. " 12087PG158 . . { , SCHEDULE A - DESCRlPITON ALL that certain plot, piece or par<:el of!aDd, situate, lying and beiJ!g at Peconic, in the Town of &-"-''', County ofSutrolk and State of New Yolk, OOundedand described as follows: BEGINNING at a _-t set on the souther1y side of Middle Road (CR 48) distant the following four ~) _.and GsIaoa:s from the intersection of the westerly side of Peconic Lane with the northerly side NT ""lLfsland Rail Road: 1, . -lLer1y 160,96 feet along the westerly side ofPeconic Lane; 2. NOnh 34 degrees 41 minutes 50 seconds West, 10,00 feet along the westerly side ofPeconic Lane to laDd now or lbnnerty of JuIla Day Leo andLonise O. Day; 3. RUNNING THENCE along said lands South 55 degn:es 18 minutes 10 seconds West, 175.00 feet; 4. RUNNING THENCE, North 34 degrees 41 minutes 50 seconds West, 345.58 feet to the monument at the point or place ofOOginn;ng; RUNNlNG THENCE from said point ofbeginn;nK South 34 degrees 41 mjmll~ 50 seconds East, 355.58 feet to laDd BOW or fonnerIy of Dart; RUNNING THENCE along said lands the following two (2) COUlSeS and distances: l. South 55 degn:es 18 minutes 10 seconds West, 50.00 feet; 2. South 34 degrees 41 minutes 50 seconds East. 135.79 feet to land now or formerly of the MfA (Long Island Rail Road); RUNNING THENCE along said lands, South 55 degrees 05 minutes 20 <l"N1nds West, 177.88 feet to land now or formerly of Bauer F8IlIIS, Inc.; RUNNING THENCE along said lands the following two (2) courses and distances: l. North 37 degn:es 04 minutes 50 seconds West, 163.00 feet; 2, South 55 degn:es 05 minutes 20 seconds West, 158,99 feet to land now or former1y of Bauer Farms, Inc.; RUNNING THENCE along said lands, North 37 degrees 04 min.1tes 50 seconds West, 312.39 feet to the sovtberIy side of Middle Road (C.R. 48); RUNNING THENCE along the southerly side of Middle Road (C.R 48) North 52 degn:es 48 minutes 40 seconds East, 406.98 feet 10 the concrete monument at the point or place Of-BEGINNING. ~ 71. -=: I:.' . ~--- . . . . .!!..n -~.2-- '" . ,.. ... .. -.0--.-,... I~OOlm -.- ~ 11~'~ .\~' I .. I~~ UA I.~ "t~ ' " ~ 1'4-1&:2 (2/87j'-7c . . 617,21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEe Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proje or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequei Iy, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determi, significance may have little or no formal knowledge of the environment or may be technically e.xpert in environment analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti, the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinati< process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actio 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 proje. data, it assists a reviewer in the analysis that takes place in Parts 2 and :r: Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provid, guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiall 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 tt impact is actually important. . DETERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 Part 1 0 Part 2 oPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magi tude and importance of each impact, it is reasonably determined by the lead agency that: o A. The project will not result in any large and important impact(s) and, therefore, is one which wiil not have a significant impact on the environment, therefore a negative declaration will be prepared, o B. Although the project could have a significant effect 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,' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action 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 . 5: API"oximate percentage of .osed project site with slopes: )(0-10. (') 015% or greater site, or district, listed % 010-15% o , % 6. Is project substantially contiguous to, or contain a building, Registers of Historic Places? DYes MNo 7. Is project substantially contiguous to a site listed on the Register of National Natural landmarks? 8. What is the depth of the water table? .;h I ~ S"Z) I (in feet) 9. Is site located over a primary, principal, or sole source aquifer? il'Yes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as DYes ll!(No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation: DYes S'No Describe on the State or the Nation. DYes ~N ~No threatened or endangere, DYes 13. Is the project site presently used by the community or neighborhood as an open space or recreation area DYes ~o If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes ~o . 15. Streams within or contiguous to project area: /IIOIt/Ii!'" a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: NOIV8 a. Name b. Size (In acres) 17. Is the site served by existing public utilities? eiYes IIIfM.. a) If Yes, does sufficient capa~ity exist to allow connection? DYes ONo '- ~_~ 1'\ b) If Yes, will improvements be necessary to allow connection? DYes ONo 7 T.~'" CMI 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-AA Section 303 and 304? DYes NNo 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? DYes ~o 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~ acres. b. Project acreage to be developed: 0 acres initially; ~ acres ultimately. c. Project acreage to remain undeveloped () acres. d. length of project, in miles: "1\' (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed tJAc %; f. Number of off-street parking spaces existing ---1IJ~ ; proposed pft g. Maximum vehicular trips generated per hour --.N (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure -.1tk.. height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? ~ ft. length. 3 c. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? If Yes, indicate decision required: Dzoning amendment Dzoning variance Dspecial use permit Dsubdivision Dnew/revision of master plan Dresource mana~en~ ~~n _ _. C:other . . . 2. What is the zoning c1assification(sJof the site? R - ~~ '1$JII~ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? . .25. Approvals Required: . t. City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other local Agencies Other Regional Agencies State Agencies Federal Agencies .l'!('Yes DYes DYes DYes DYes DYes DYes DYes . Submittal Date Type DNo /5No lj!1No IPNo fj/1No Ql1No 1PN0 ~o -r II.Wv\ ~~ DYes !)!No Osite plan 4. What is the proposed zoning of the site? l ~ MA J"ri Op_~.n..& 5. What is the maximum potential development of the site if de eloped as permitted by the proposed zoning? ~ J. 1.,C'I,_ __ 'm' - m"T' .. .. I . ... 6. Is the proposed action cons stent with the commended uses in adopted local land use plans? ~Yes 0 7. What are the predominant land use(s) and zoning classifications within a V. mile radi~s of proposed action? I f \ # 8. Is the proposed action co adjoining/surrounding land uses within a !4 mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? tV'A. a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 11. Will the proposed action create a demand for any community provided services (recreation, fire protection)? DYes Ji:fNo a. If yes, is existing capacity sufficient to handle projected demand? DYes DNo 12. Will the proposed action result in the generation of traffic significantly above present levels? . a. If yes, is the existing road network adequate to handle the additional traffic? DYes I')tfes 0 DYes Iif education, poli DYes ~ DNo. 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 provided above is true to the best of my knowledge. Applicant/SpoNor Name vA- (l./l.11\J E. ~K.Ile2~ Date ~H""(, '_~~ l Signature t/a.- .' zo, .It ~ L. Title owrvlS'll-.. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceed with this assessment. 5 APPLICANT TRANSAC'l'IONAL DISCLOSURE FORK . . The Town of Southold's Code of Ethics prohibits conflicts of interest ~n the part of town officers and employees. The purpose 0 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 NAMIl: \)A~ltlfJ E.. -::'\G(.(€~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone )(' Approval of plat _____ Exemption from plat or official map Other (If "Other," name the actiVity.) Do you persona1J.y (or thrOu.gh your co.pany, spouse, sib1ing, parent, or chi1d) have a re1ationship with anY-Officer or eap10yee of the Town of Southo1d? -Re1ationsbip- inc1udes by b1ood, ~rriage, or business interest. -Business interest- means a business, including a partnership, in which the town officer or eap10yee has even a partia1 ownerShip of (or eap10yment by) a corporation in which the town officer or employee owns ~re than 5% of the shares. YES NO -X- If you answered -YES,- complete the ba1ance of this form and date and Sign where indicated. Name of person employed by the Town of Southo1d Tit1e or position of that person Describe the relationship between yourse1f (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 chi1d is (cheCk all that apply): A) th_e,o_wne_r ofgreiiter t,:tlCin_ 5% o_f the sha_ref) of the - corporate - stock oi -the --a-PPlicant (when the 'appTican"t-- is a corporation); _____B) the legal or beneficia1 owner of any interest in a noncorporate entity (when the app1icant is not a corporation) ; _____C) an officer, director, partner, or employee of the applicant; or _____D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~~day Of~l~daol Signature f)"... r: AI. j. ,. . Print name "'1> A""~"v e. Stc',c.5Z~,- I GANTS: ~IN 5KREZEG ::.LEARVIEH AVENUE fOLD, NY IIG1il I VY'lI'l: ~ I MVI-V SUFFOLK GOUNTY, NY SURVEYED OB-2'1-00 AMENDED, 10-22-00, I-IB-OI SUFFOLK COUNTY TAX ~ 1000-74-4-14.1 DAY LEO lEST 21ST ST 'ORK, NY E 0 DAY \jIG LANE \jIG, NY 1IG158 EDeE Of PAVEMENT 406.98' ~ , , , , , , , , , , ~ , , ...:I ~ 'w . ~ , c- ')> 'z 'G l]J,z ~I() m'2: 71' ,0 ~71 " ~6 ~ , 71 '3: 3m 071 'I~ , '0 ,-n , , , ,~ , LOr , .... 2 ,t-) , " , ,~ , '100 , , w , , , , , , , , , , , , , , , , , , : S55005'20"W 158.99' PROPOSE~I LAND NOH OR FORMERLY OF BAUER FARMS INC. " Z ',~ ~ 2, w, VI ' 0' :a ' ~' MONUMENT FOUND PIPE FOUND SPIKE FOUND .... $: 8/ w, , , , , , , , S55005'20"W 177.88' SCALE -- 1"=401 I LAND NOH OR FORMERLY OF THE METROPOLITAN TRANSPORTATION AUTHORITY (LONG ISLAND RAIL ROAD) 11-'~ ~~ 8 BC= j,3'f .. 00 In ~ '"'" >:'" << ,," <1.11 ec= 1.1'10 e- If> >C LAND NOH OR FORMERLY OF PAUL HC6L iNN It MARIE MC6L iNN I , I , I I , I , I N550I8'10"E 115.00' , ,--, x_x-x- ~ o In .. .-I ~ ~ U) " C) Q C) " LOT 1 33_'1' 58.1' C) Q C) " [G I~ ,~ ~ C) if) " o " (\) Z :03 STORY <,- ;;; FRAME . HOUSE 33_'1' 12.8' I SHEDl ~ , " " -Y LINE ,oO~ , r. , J; , , , N550IB'IO"1= . : _ ~,,~_"~ _E~IS2'Ni:: .E.ROP~12 'o!.~t. 10.00'1 STONE DRIvEWAY - - - -- 115.00' \ 855018' 10"W 50.00' LAND NOH OR FORMERLY OF ED HARD DART a JUDY" DART '" 'C"> () ~ -X_x_ ~ 1<E'/ )'1,A.P N.T.:::. ORIGINAL CONfiGURATION AREA c= \60 j}30 SF AREA OR 3.6<::j ACRES O~ LOT 2 ----;7' LOT I . " 24,50OSF 0.56 AGR.ES PROPOSED CONfiGURATION C) C) C) If) W C) if) " o " (\) <.f) AREA:; I5'lPW SF ARE OR 3.65 ACRES / LOT 2 /' LOT I A :; 26,250 SF 0.60 AC.RES TABULATION OF AREAS, 24,500SF OR 0.50 ACRE 1.150 SF OR 0,04 ACRE 20,250 SF OR 0.00 ACRE ORIGINAL LOT I PARCEL TO BE CONVEYED LOT I AFTER CONVEYENCE ~ ORIGINAL LOT 2 PARCEL TO BE CONVEYED LOT 1 AfTER CONVEYENCE 100,530 SF OR 3.og S 1,150 Sf OR 0.04 1~,oBO Sf OR 3.65 A ~ ~ "'::';'~~~ f......,,~~~Cl......tc~MJfto. ....:.,.D~.. """iP~ :",., ,.... ". * , ' , , " . c, '" ,... ',. 0 ""~ ,U"""j""'....d"~...""~"".... ""'P"''''''''9'' ,,<...........""".... "t""'~l"" ,,~ ...~tl"" lZl". ....,..~",."" NoJ~ 'r<"~ ">t"'~ ""',," .On'Y=P""f,,,,,,l/'IoOO<"3,,,,,,,,f ""'r~" ~"" a> ~r1'1\"w>1 of"'" I~"" .~"""""a ....,,, """'" De <"""",,,,,,,, la ".. ""~,t"1<:<>t"",","d",_,,""'r"""""3'" .....-v..~ "". p..-..p"".... '" <>uo<d"""~ " 1o"""C<>c>o a/Pr<><I",..lO< Laod""'''''l "'J '"~ "'''YO<~'''''''~ .....0<'''''''''''''' p, '-"'""""'~__"o....,".,,"''''''.., ,,,'r..p.....",.fo<.....,..,'........."'J10 """""".........,~ 'o,~ lM... <""'P<"'l.< 'al_""~""",~""""'J""I~...""'"'.I...'" tD '"~ """'J""'" Df """ "'''''"''3 ..."'"1"'" .""'" o<'~ "'" "-",,,'"'''0''' '" ",'aU""" JOHN C. EHLERS LAND SURVEY 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S, UC. NO. REF.-\\HP SERVER\D\PROS\20-240c.1 '1W2ClO' ","".~~ --'"''''