HomeMy WebLinkAbout1000-140.-2-16
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1 , November 1990 -4 U.S. GPO: 1991-287.(166
DOMESTIC RETURN RECEIPT
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SOUTHOLD TOWN BOARD
PUBLIC HEARING
September 23,2003
5:10P.M.
HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF
SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000-
140-2-16 FROM LIGHT INDUSTRIAL (LI) AND RESIDENTIAL OFFICE (RO) TO HAMLET
BUSINESS (HB)."
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans rr> re n Vi lE ~
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Councilman John M. Romanelli , .
, Councilman Thomas H. Wickham
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Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
Southold Town
Planning Board
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of
Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the
Zoning District designation ofSCTM# 1000-140-2-16 from Light Industrial (LI) and Residential
Office (RO) to Hamlet Business (HB);
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 of the Town of
Southold will hold a public hearing on the aforesaid local law at the Southold Town Hall, 53095 Main
Road, Southold, New York at 5:10 p.m., Tuesdav, September 23, 2003 at which time all interested
persons will be given an opportunity to be heard.
The purpose of this Local Law is to ratify the change of Zoning District Designation of SCTM# 1000-
140-2-16 from Light Industrial (LI) and Residential Office (RO) to Hamlet Business (HB). The
petitioner for this request is William F. Gasser and The American Armoured Foundation, Inc. The
property is approximately 32, I 09 square feet in area and is located at Love Lane on the north side of
the Long Island Railroad, Mattituck, 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 # 1000-140-2-
16 FROM LIGHT INDUSTRIAL (LI) AND RESIDENTIAL OFFICE (RO) TO HAMLET
BUSINESS)"
Southold Town Board
Gasser Change of Zone
There are no significant communications in the file. I have verification that the notice has appeared on
the Town Clerk's bulletin board and as a legal in the Traveler Watchman.
2
SUPERVISOR HORTON: Would anyone care to address the Town Board on this particular public
hearing? (No response) Any comments from the Town Board? (No response) We will close this
public hearing.
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Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 639 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 23, 2003:
WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to
the Town Code and other legal rciquirements, and
WHEREAS, the petitioner has requested to amend the Zoning Map ofthe Town of Southold by
changing the Zoning District desjgnation ofSCTM# 1000-140-2-16 from Light Industrial (LI)
and Residential Office (RO) to Hamlet Business (HB); and
WHEREAS, a Public Hearing was held on this Local Law on the 23rd day of September, 2003
at which time all interested persons were given the opportunity to be heard thereon, now,
therefore, be it
RESOLVED that the Town Board of the Town of South old hereby enacts the following Local
Law:
LOCAL LAW NO. 15
OF 2003
BE IT ENACTED, by the Town Board ofthe Town of Southold as follows:
A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY
CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-140-2-16 FROM
LIGHT INDUSTRIAL (LI) AND RESIDENTIAL OFFICE (RO) TO HAMLET BUSINESS
(HB).
P~Cl."Q~'tL.
Elizabeth A. Neville
South old Town Clerk
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Southald Town
Planning Board
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LEGAL NOTICE
NOTICE OF HEARING ON PROPOSAL
TO AMEND ZONING ORDINANCE AND MAP
Pursuant to Section 265 of the Town Law and requirements of the Code
of the Town of Southold, Suffolk County, New York, a public hearing will
be held by the Town Board of the Town of Southold, at the Southold Town
Hall, Main Road, $outhold, New York, at 8:00 P.M., Tuesday, November
10, 1992, on the ~roDosal of William F. Gasser and the American ArmnlJred
Foundation. lor t~ aIRel'll;! th.. Zoning Code (including the Zoning Map) of
'the town of Soutll1old, Suffolk County, New York, on certain property
located on the east side of Love Lane, north of the Long Island Railroad
and frontage on C.R. 48, Mattituck, New York, by changing the current
zoning from Light Industrial (1L1") District and Residential Office ("RO")
District to Hamlet Business ("HB") District.
Any person desiring to be heard on the proposed amendment should
appear at the time and place above so specified.
The legal description of the aforesaid property is as follows: All that
certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at Mattituck, Town of Southold,
County of Suffolk and State of New York, which is bounded and described
as follows: BEGI NN I NG at a point on the corner formed by the intersection
of the northeasterly side of Love Lane with the northwesterly side of
property of the Long Island Railroad and from said point of beginning:
running thence northwesterly along the northeasterly side of Love Lane
North 35 degrees 17 minutes 40 seconds West 50 feet; running thence along
the land no w or formerly of MacMillian North 45 degrees 05 minutes 00
seconds East 187.64 feet; running thence along the land now or formerly
of MacMillian and Hawkins North 35 degrees 17 minutes 40 seconds West
336.23 feet to the southeasterly side of Middle Road; running thence
northeasterly along the southeasterly side of Middle Road, North 55 degrees
02 minutes 20 seconds East 60.00 feet; running thence South 35 degrees
17 minutes 40 secol11ds East along the land now or formerly of Wines 375.72
feet to land of the Long Island Railroad Company; running thence along
land of the Long Island Railroad Company South 45 degrees 05 minutes 00
seconds West 248. $0 feet to the corner aforesaid and point or place of
BEGINNING. Suffc:ilk County Tax Map No. 1000-140-2-16, Area: 32,109 sq.
ft.
DATED: October 6, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
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OCT I 5
Page 2 - Gasser
PLEASE PUBLISH ON OCTOBER 29, 1992, AND
AFFIDAVIT OF PUBLICATION TO JUDITH TERRY,
HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Traveler-Watchman
The Suffolk Times
Town Board Members
Town Attorneys
Daniel C. Ross, Esq. , Attorney for the applicant
Southold Town Planning Board-c"
Southold Town Building Department
Southold Town Clerk's Bulletin Hoard
FORWARD ONE (1)
TOWN CLERK, TOWN
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SEQR
NEGATIVE DECLARATION
NOlice of Determination of Non-Significance
Determination of Significance
Lead Agency:
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PLMj~j. ~...,,"
Town Board
of the Town of Southold
Address:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Date:
October 6, 1992
This notice is issued pursuant to Part 617, of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law.
The lead agency has determined that the proposed action described below will not
have a significant effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
William F. Gasser and the
American Armoured Foundation, Inc
Mattituck, New York
Type I Action
The project which is the subject of this Determination,
involves a proposed change of zone of 0.737 acres from
Light Industrial "LI" and Residential Office "RO" to
Hamlet Business "HB".
Title of Action:
SEQR Status:
Project Description:
SCTM Number:
District 1000 - Section 140 - Block 02 -Lot 16
Location:
The site is located on the east side of Love Lane
,
north of the Long Island Railroad with frontage on C.R.
48, Mattituck, New York.
Page 1 on
4)
5)
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Gasser Change of Zone
SEQR Determination
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and II, and the following specific reasons:
1)
2)
The project has been eVllluated through a Lon~ EAF Part III which discusses in detail
environmental and planning aspects of the proJect.
The subject parcel does not exhibit environmental sensitivity in the traditional sense.
Review of the Long EAf Part I as well as field inspection indicates that the site is
suited for controlled de\1elopment for the following reasons; soils are conducive to
leaching, tOJ;JOgraphy is flat, there is no significant vegetation, wetlands or wildlife
habitat on SHe. 3) The proposed zoning would not generate a significant influx of
people or traffic as compared to present zoning, nor would noise, aesthetic or visual
resources be significantly adversely impacted.
Land use and zoning issues are a local as opposed to a regional consideration, and
measures are available to reduce impact upon the community.
The use would be subject to site plan approval by the Planning Board if the zoning is
changed to "HB" in accordance with Chapter 100-91A. of the Southold Town Code.
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town Board of the Town of South old
Town Hall, Main Road, Southold
(516) 765-1801
Address:
Phone No.:
Copies of this Notice Sent to:
Commissioner-Department of Environmental Conservation
Regional Office-New Y ork Stat~epartment of Environmental Conservation
Southold Town Planning Board
Southold Town Building Department
Suffolk County Department of Health Services
Suffolk County Department of Planning
NYS Legislative Commission on Water Resource Needs of Long Island
Daniel C. Ross, Esq.
Southold Town Clerk's Bulletin Board
Page 2 of2
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PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
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SCOTI L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Soulhold, New York 11971
Fax (516) 765-1823
MEMORANDUM
TO:
Judith T. Terry, Town Clerk
Town of Southold
Bennett Orlowski, Jr., Chairman ~(1/J.'.Ii/s
Change of Zone Petition for
The American Armoured Foundation, Inc.
SCTM * 1000~140-2-16
N!E!c LIRR Right of Way and Love Lane
Mattituck, N.Y.
FROM:
RE:
DATE:
October 6, 1992
The Planning Board has reviewed the environmental
consultant's draft recommendations for this project.
The environmental review was too narrowly focused On the
subject property alone. The review should have incorporated a
wider area, namely the surrounding business district, because
the proposed change of zone will have an effect on that area.
The Planning Board will be assessing the zoning pattern in
accordance with the goals of the Master Plan Update. Our
recommendations on the environmental determination and the
petition itself will be forthcoming shortly.
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PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOlT L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
""gust 18, 1992
Judith T. Terry, Town Clerk
Town Hall
Southold, New York 11971
Re: Petition of William F.
Gasser and The American
Armoured Foundation, Inc.
for a change of zone
from Light Industrial &
Residential Office to
Hamlet Business
SCTM * 1000-140-2-16
Dear Mrs. Terry;
At its public meeting on August 17, 1992, the Planning
Board adopted the following report:
The Planning Board has reviewed the petition of
William F. Gasser and The American Armoured Foundation,
Inc. for a change of zone and offers the following
observations and suggestions:
DESCRIPTION
The subject parcel is a split-zoned parcel of 32, 109
square feet in area. Approximately 60 by 150 feet or 9,000
square feet of the property is zoned Residential Office.
The remainder, 23, 109 square feet in zoned Light
Industrial. The 54 by 120 foot corrugated metal building on
the property lies within the LI zone, as does the 8 by 8
foot tower.
HISTORY (as can b~ reconstructed from our records)
It appears from the records at our disposal, that
since its inception, (in either 1980 or 1981), this museum
has been operating in violation of the Code. In 1988, the
property owner was notified by the Ordinance Inspector that
he was in violation of the Zoning Code. At that time, the
part of the property that is now zoned for Residential
Office was zoned "A" Residential/Agricultural. The part of
the property that is now zoned Light Industrial was zoned
.
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"c" Industrial. A copy of the prior zoning map is attached
for your convenience.
The violations on the site under the old Code were as
follows: The property owner had not obtained approval for
a museum. (Unless there was a specific rUling or official
interpretation of the Zoning Board of Appeals that stated
otherwise, a museum was not an allowed use in either of
those two zoning districts.) Also, the tower had been
installed without a building permit. And, its height (20
to 25 feet) exceeded the eighteen feet permitted for
accessory structUres.
In 1989, the Town adopted a new Zoning Code and Map.
Under that Code, ,the museum is not a permitted use within
the LI zone. But, it is permitted within the RO zone by
Special Exception from the Zoning Board of Appeals.
However, the museum building, the tower and about 72% of
the property are ,located within the LI zone, not the RO
zone. The tower !height not only violates the Code's
restrictions on qccessory structures, but it lies within
the required front yard setback.
In 1991, an 'application was made for site plan
approval. However, the Planning Board was required to
notify Mr. Gasser that it could not proceed with the
application because he had not obtained the necessary
variances from the Zoning Board of Appeals. (The Code
specifically prohibits the Planning Board from granting
approval to site plans before the Zoning Board grants the
necessary variances or Special Exceptions.) In August of
1991, an memorandum was circulated among Town departments
that while the use of the property as a museum was not
allowed by the COde, the use had been allowed to continue
for many years.
On December 20, 1991, a Disapproval Notice was issued
which noted that the use is non-conforming. An application
for variances was, made by the applicant to the Zoning Board
of Appeals in thei spring of 1992. In March of 1992, the
applicant's attoriney informed us that the Zoning Board had
returned the app~ication to him for lack of information.
In April of 1992, the applicant's attorney requested
the assistance of the Town Attorney's office. In July,
1992, this petition was made for a change of zone from RO
and LI to Hamlet Business.
CONCLUSIONS
The Planning Board has reviewed the old and new zoning
maps for the Mattituck Business District. The request
before the Town, ~f granted, could be considered a spot
zoning unless supported by an in-depth study of the zoning
pattern in this b~siness district. This Board feels
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strongly that the zoning designations of all lots in the
immediate business district bear closer scrutiny.
Consequently, we are asking to be a coordinating
agency during the environmental review. Our
recommendations qS to the determination of environmental
significance of this petition will be sent to you after we
have had an oppo~tunity to review the report of the Town
Board's environmental consultant on this petition. If you
could send us a copy of that report, it would be
appreciated.
This Board ~ill also undertake its own study of the
zoning pattern in this area in conjunction with the
environmental review.
Sincerely,
~~"~'/KJ
Bennett Orlowski, Jr.
Chairman
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CRAMER, VOQRH1, ~,A~ OCIATES
ENVIRONMENTA~nvRG CONSULTANTS
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Ms. Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, New York 11971
RECEIVED
SEP 2 Z 1992
Re: William F. Gasser
and the American Armoured Foundation, Inc.
Change of Zone, Mattituck
Dear Judy:
We have completed review of the above noted change of zone petition. In order to
conduct this review, we have field inspected the subject site, reviewed and corrected the
Long EAF Part I, and prepared a Long EAF Parts II and III. We have also consulted
information submitted in connection with the application, as well as the zoning code and
Master Plan Update. Attached, please find the completed Long EAF Part I, II and III, as
well as a SEQR Determination of Significance. As always, these documents are submitted in
Draft form for the Boards review and consideration. It is suggested that the Board review
these documents, and if there are further considerations we would be pleased to amend
documents or consult with the Board as necessary.
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In review of the documents, you will find that we are recommending a Negative
Declaration for this action, due to the fact that issues primarily involve local zoning
considerations. The site is not considered to be environmentally sensitive. SEQR does
require consideration of land use and zoning issues, as well as community impacts, therefore,
we have included a section discussing these Issues. In summary, we feel that the "HB" district
is suited to the "LI" portion of the site; however, the change of the "RO" part of the site to
"HB" would intrude into a resi<1ential area in a manner which could impact the community.
In addition, this change would liot be consistent with recommendations of the Master Plan
Update, and would set a precedent for further action. The impact of the zone change could
be minimized through site plan review as required under Chapter 100-91A. as well as
restrictive covenants or buffers on the north part of the site. One additional interesting
factor noted as a result of our review, is that the requested "HB" zoning prohibits outdoor
storage and restricts height to 18 feet, therefore, additional modifications of the current use
may be necessary to provide cOhformance.
We thank you for the opportunity to review this petition, and would appreciate any
further comments you may have. Please call if you have any questions.
54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455
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COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
ARTHUR H. KUNZ
DIRECTOR ::::F" PLA....NING
RfCEIVfD
SEP 1 5 1992
September 10, 1992
Town Clerk
Town of Southold
SootIlold r n..... CIeri<
Applicant: William F. Gasser and The American
Armoured Foundation, Inc.
Zoning Action: Change of zone from "L1" & "RO" to "HB"
Mun. File No.: 1000-140-2-16
S.C.P.D. File No.: SD-92-10
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the above referenced application which has been
submitted to the Suffolk County Planning Commission is considered to be a
matter for local determination. A decision of local determination should not
be construed as either an approval or disapproval.
Comments: Would appear to necessitate a comprehensive re-evaluation of
prevailing zoning patterns in the locale to insure consistency with local
planning/zoning objectives.
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Very truly yours,
Arthur H. Kunz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief ~Fap.nr:r " !
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LONG ENVIRONMENTAL
ASSESSMENT FORM
PARTS I, II AND III
Project:
William F. Gasser and the American
Armoured Foundation, Inc. (Change of
Zone)
Love Lane
Mattituck, New York
Prepared For:
Town Board of the Town of South old
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Prepared By:
Cramer, Voorhis & Associates, Inc.
54 North Country Road
Miller Place, New York 11764
Date:
September 16, 1992
CRAMER, vo.\. ,I.\SOCIATES
ENVIRONMENT.b\~~~';' .. NG CONSULTANTS
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LONG EAF PART III
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CRAMER, VQ(i;l'RHf . .. SOCIATES
ENVIRONMENTA~(' NG CONSlJLTANTS
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Page 1
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LONG ENVIRONMENTAL ASSESSMENT FORM - PART III
EVALUATION OF THE IMPORTANCE OF IMPACTS
PROJECT
William Gasser and the American Armoured Foundation, Inc.
(Change of Zone)
Mattituck, New York
LOCATION
The site of the subject application is located on Love Lane, on the north side of the
Long Island Railroad, in Mattituck New York.
APPLICANT
Mr. William Gasser and the
American Armoured Foundation, Inc.
2383 Fifth Avenue
Ronkonkoma, New York 11779
DATE
September 15, 1992
INTRODUCTION
The proposed project and the environmental character of the project site is described
in detail within the Long Environmental Assessment Form (LEAF) Part I. The LEAF Part
II, evaluates the project impactls and their magnitude. This section of the LEAF is intended
to provide additional information on the importance of the impacts of the proposed project
on the environment, in order to form the basis for the adoption of a determination of
significance.
The LEAF Part III is prepared if one or more impacts are considered as being
potentially large, as identified if'! the LEAF Part II. In the case of the proposed project,
anticipated impacts are considered small to moderate, however, in order to provide the
Town Board of the Town of Southold with additional information pertinent to this project
for the consideration in making a determination of significance, this Part III narrative has
been completed for several small to moderate impacts, identified in the Long Environmental
Assessment Form Part II. This Part III addresses in detail the environmental and planning
issues which are relevant to the subject application.
CRAMER, VO~,\ 4\,SOCIATEiS
ENVIRONMENT~\\li~ING CONSULTANTS
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Page 2
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William Gasser Change of Zone
Long Environmental Assessment Form
ENVIRONMENTAL IMPACTS
Impact on Growth and Character of Community
The proposed action will conflict with officially adopted plans or goals.
The proposed action will set an important precedent for future projects.
The proposed action involves a request for a change of zoning from the Town Board
of the Town of Southold for the continued operation of the American Armoured Museum,
Inc. Although the action is a request for a c?an~e.o~ zoning and must be considered in the
context of use allowed by the requested zomng, It IS Important to understand the present use
and history of the site WIth regard to evaluation of impacts.
*
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The project involves a split-zoned parcel of 0.797 acres. The northern part of the
site with frontage on c.R. 48 comprises approximately 9,000 square feet of land and is zoned
Residential Office. The remainder of the site (23,109 square feet) has frontage on Love
Lane, is adjacent the Long Island Railroad tracks (LIRR) and is zoned Light Industrial.
There is a 54 by 120 foot corrugated metal building and an 8 x 8 foot tower, tanks and gravel
parking, located on the Light Industrial zoned portion of the site.
The present zoning of the site requires minimum lot areas of 40,000 sguare feet for
the "LI" Li~ht Industrial and 40,000 square feet for the "RO" Residential Office zoning. The
"R-O" Residential Office District is intended to protect the land values of residential
property on Main Road and alJow non-residential uses within its confines as envisioned in
the Town of South old Master Plan Update Background Studies. The "LI" Light Industrial
zoning is intended to provide an opportunity for business and industrial uses on smaller lots
than those appropriate under "LIO Light Industrial Park/Planned office park". It is noted
that the "LI" district also prohibits the museum use of the site.
The requested zonin~, "HB" Hamlet Business, requires a minimum lot area of 20,000
square feet with minimum side yards of 25 feet. This zoning district would allow for
museums and libraries as permitted uses within the district, and such uses are subject to site
plan approval by the Planning Board.
With regard to existing use and zoning, it is noted that the site has been operating in
violation of the current zoning classification, and the owner was notified of this situation in
1988 by the Ordinance Inspect~r. At that time the site was zoned "A"
Residential/Agricultural and "C" Industrial. The present "LI" zoning of the south part of the
site prohibits the museum; hO'Wiever, this use is permitted under the "RO" Residential Office
district if approved by a Special Exception of the Zoning Board of Appeals. Therefore, the
site is operating without approval as a museum and the tower exceeds the 18 foot maximum
height for an accessory structure.
Review of the zoning map and field investi~ation of the area indicates that the
requested zoning will cause an intrusion into a residential area ("RO" Residential Office
district) to the west and east of the northern portion of the site. In addition, review of the
Master Plan Background Studies for the Hamlet study -Mattituck, finds that the "LI" portion
of the site is shown to be Hamlet Business and the present "RO" part of the site is proposed
e~\J~~
CRAMER, VO, H'l Wi. , SOCIATE~
ENVIRONMENT~ "" G CONSULTANTS
Page 3
.
.
William Gasser Change of Zone
Long Environmental Assessment Form
to remain Residential Office.
The change of zone for the "U" Light Industrial part of the site to "HB" Hamlet
Business is not expected to have a si~nificant impact upon the community. The change of
industrial zoning to hamlet business is reco~nized as a natural extension of the existing Love
Lane Business area. The change of zone WIll allow for the continuation of the museum in an
area where it was previously prohibited and as a result would not compromise the zoning
integrity of the community.
If the overall parcel were rezoned to "HB", the business district would intrude into the
"RO" zone. The "RO" zone adjacent the site contains residential dwellings in conformance
with zoning, therefore, the location of business uses in this area would cause potential land
use conflict. If a full change of zone for the subject parcel is granted, the goals of "RO"
Residential Office zonin~ designation of the subject site would not be realized. Thus, the
Hamlet Business zoning III the "RO" Residential Office portion of the site is out of character
with adjacent land use and is expected to cause an impact on the immediately surrounding
community, as well as the area!. The action, if approved, would set a precedent for other
future actions, thereby underrr!ining the integrity of the zoning patterns in this section of the
Town. This precedent may pr~mote the expansIOn of the Love Lane Business District from
County Road 48 to Sound Aveinue. This possible expansion would not conform to the
intentIOn of the "RO" zoning or the Master Plan for providing a transition area between the
business and low-density residtntial and limited nonresidential development along major
roads.
It is also noted that if the change of zone is ~ranted the museum would still not
conform completely with zoning. The Hamlet Busllless zoning states that "all uses permitted
in the 'HB' Hamlet Business district, including the display and sale of merchandise and the
storage of all property, except living plants, shrubs and trees, shall be confined to fully
enclosed building on the premises", thus the outdoor storage of the tanks would not be
permitted under the requested zoning. If the zone change is granted, the use would be
subject to site plan approval by the Planning Board.
CONCLUSION
The Long EAF Part II, is intended to consider the impact, then determine available
mitigation as well as the importance of the impact, based upon certain criteria. Specific
impacts considered above involve issues of Impact on the Community. This discussion
results in the conclusion that the impact is related to planning and zoning issues. The
subject parcel does not exhibit environmental sensitivity in the traditional sense. Review of
the Long EAF Part I as well asi field inspection indicates that the site is suited for controlled
development for the following reasons; soils are conducive to leaching, topo~raphy is flat,
there is no significant vegetati~n, wetlands or wildlife habitat on site. LikeWise, the proposed
zoning would not generate a significant influx of people or traffic as compared to present
zoning, nor would noise, aesthetic or visual resources be significantly adversely impacted.
Therefore, issues reduce to lano use and zoning, and local commulllty impacts as well as
precedent.
Issues regarding zoning are complex, involving change to community character,
divergences from land use plan~ and precedent setting nature of an action. Based upon the
e.\\l~A///;
CRAMER, va!! RHt .Wl. SOCIATBS
ENVIRONMENT~ = '. ~ \~G CONsiuL TANTS
Page 4
.
.
William Gasser Change or Zone
Long Environmental Assessment Form
discussion included in the aprropriate section above, there is a recognized small intrusion
into a residential area as wel as some recognized precedent set as a result of this action.
The duration of this impact is oonsidered permanent for the purpose of this discussion;
however, it is noted that the action could be reversed through future zonin~ changes. The
impact can be controlled through site plan review utilizing setbacks, buffenng, and other
land use control techniques with regard to the development on the site as well as adjacent
sites. Further control can be applied to reduce the precedent by making this zoning petition
a unique case based upon all of the facts and other specific considerations by the Town
Board. The impact is considered to be local as opposed to regional.
This Long EAF is inten~ed to provide the Town Board with sufficient information to
determine the environmental sjgnifiCance of this action, and provide a basis for decision on
the project. Given the relative y small scope of issues, and the available information
concerning impacts, the project does not warrant the preparation of an Environmental
Impact Statement. The consid~ration of a change of zoning is a legislative decision of the
Town Board. It is recommended that a Negative Declaration be adopted for this action
based on the information cont<1ined herein. Subsequently, the Town Board may consider the
petition, site condition, environimental review, testimony, and other matters of record, and
render a decision on the propo$ed action. It is recommended that the decision contain
reasonable measures to mimmiize environmental impacts to the maximum extent practicable,
as outlined herein.
SOCIA TES
~G CONSULTANTS
Page 5
.
.
William Gasser Change of Zone
Long Environmental Assessment Form
LONG EAF PART I
.::>t:.v. n
,'" .. 'I
617 .21
Appendix A ,
Slale Environmental Quallly Revle
FULL ENVIRONMENTAL ASSESSMENT FORM
.
Purpose: The full EM,s deSigned to help appl.cants and agenCIeS determ.ne In an orderlv manner. whether a prolect
or act.on may be Slgn.flcant The quest.on 01 ",hether an act.on may be ,.gnlf.cantlS not alwaVl easv to answer frequent-
ly. there are aspects of a prolect that are .ublecllve or unmeasureable It IS also understood that those ",ho determine
"gn.hcance may have I.ttle or nO 10rmJI kno",ledge 01 the en,,,onment or may be technlcallv e,pert In env"onmental
analySIs In "dd.t.on. many who h"ve kno",ledge In one p"rtlcular area may not be aware 01 the broader concerns ailectlng
the question of Significance
The full EAf IS Intended to prov.de a method whereby applicants and agencies can be assured that the determination
proceSS h"s been orderly. comprehensIVe In nature. vet fleXible to allow ,ntroductlon of information to fit a protect or action
full EAF Components: The full EAf IS compflSed of three parts.
Part 1: Pro"des oblectlve data and Information about a given prolect and ItS Site Bv IdentifYing basic prolect
data. it assists a reVle",er In the an"lySls that takes place In Parts, and 3
Part 2: Focuses on .dentlfYlng the range at pOSSible Impacts that may occur from a protect or action It prOVides
gUidance as to whether "n .mpact IS Ilkelv to be conSidered small to moderate or whether It IS a potentlallv-
large Impact The torm also .dentlfles whether an Imp"ct can be mitigated or reduced
Part 3: Ii 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
DETERMINA nON Of SIGNifICANCE - Type 1 and Unlisted Actions
Identify lhe Portions of EM completed lor this project: :x Part 1 ex Part 2 )(part 3
ljpon review of the ,nformatlon reCO'rded on thIS EM tParts 1 and 2 and 3 Ii appropriate]. and anv other supporting
.ntormatlon. and considering both the magltude and Importance oi each Impact. It .s reasonably determined by the
lead agency that
)i(
t
... The prolect will not result In any large and Important Impactls) and. therefore. IS one which will not
have a Slgnlt.cant Impact on the enVironment. therefore a negati,e declaration will be prepared.
B Although the prolect could have a Significant eflect on the en,,,onment there will not be" significant
effect lor thIS UnlISted Act.on because the mitigation measures described .n PART J have been requ"ed.
therefore a CONDITIONED negati,e declaration will be prepared.'
C The prolect may result In one or more large and .mportant Impacts that may have a Slgnd,cant ,mpact
on the em "onment. theretore . positive declaration will be prepared.
A Cond.tloned Segallve Declaration IS onlv valid tor Unl.,ted Act.ons
WI LLlAM F. GASSER AND THE AMERICAN
ARMOURED FOUNDATION, INC. CHANGE OF IONE-LI and RO to HB
~ame of Actlon
Town Board of the Town of Southold
Name oi Lead "'gencv
_.:J2 ~U () c \ E::. f< K-
Title at Re;ponSlble Oltlcer
-:rt:i d I 1::. h --r: ,e.,e -g'l
,
Print or T'vpe ~ame of ResponSlbleOttlCer In lead AgencY
--
Signature oi Preparer (It dl1it'rent ;rom responsible oiilcerl
SIgnature of ResponsIble Olllcer In Lead ,'\'gency
~\2EJ1\k.V \1-. \qc1'L
___~ I
Date
,^ . Prepared by Project Sponso.
,<OTICE Th'l document " del'gned ~o ass"t ,n determining ",hether the act'lllftlr proposed ma\ -,a,e a ".nl"cant eltec~
on the en"ronment Pleale complete the ent"e torm. PartS A through E Anlwe" to these que,t,ons wdl be conl,dered
as pMt 01 the appl,cJtlon tor JPproval and rrav be lublect to turther verrj,catlon and public review Pro"de any additional
InformaTion you belle\e will be needed to complete PJrts ~ and 3
It" e,pected that complet,on ot the full EM wdl be dependent on Information currently a"dable and wdl not Involve
new Itud,el. relearch or Invest,gJtlon If information requ"lng luch additional work II unavadable so indICate and specify
each Instance
NAME OF ACTION
American Armoured Foundation, Inc. and William F. Gasser Change
LOCATION OF ACTION (Include Street Address. MuniCIpality and County)
Love Lane Mattituck Countv of Suffol k (SCTM 1000/140/2/161
NAME OF APPLlCANTIll.~1l
, American Armoured Foundation Inc.
C ADDRESS
Love Lane
CITY/PO
~1attituck,
of Zone - LI and RO to HB
\ BUSINESS TELEPHONE
I '
STATE
NY
; ZlP CODE
I 11952
NAME OF OWNER ,Il alHerenl)
Wi"i~m ~ ~~scer
ADDRESS
2383 Fifth Avenue
CITY/PO
Ronkonkoma
BUSINESS TELEPHONE
1516' 543-6600
STATE
NY
lIP CODE
11779
DESCRIPTION OF ACTION
:Apolication to change the zone from Light Industrial and Residential Office to Hamlet
'Business with respect to property at Love Lane in Mattituck (SCTM 1000/140/2/16).
"'e. SlIt, he,s 'o<-C-h ,'", c;;><:,0"\Cnu:: ~nr;ce. ee<-tI2-\."\ '2l0'.s C.\)I^V-cYYT~
\V\\I0l\a:.T\;"'I'\OI- eod.e)\f\e-V::> 'LO\'\Iv\5 II w,-U IX. pe-'lfY\\rt"-Cluse,
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
phYSical letting at overall prolect. both developed and undeveloped areas
1 Present land ule :L:rban ;tlndultllal XCommefCIal :Relldential (suburban) =Rural (non iafrpJ
= Forelt=Agllculture ~Other ESlc\e.nT\'" L 0\1-.
2 Total acreage or prolect area 32,109 soft iOt~s .737 o.Ci'E0.
APPROXI."\~ H ACRE ACE PRESENTLY AFTER COMPLETION
Meadow or Brushland \,<on-agrrculturall AliA acres /v/A acrel
Forested ~/A acres ~/A acres
~gllcultural (Includes orchards cropland. pasture. etc) ~~ acres tA acres
Wetland (Fresh"ater or tidal as per ."-rtlclel 24 25 of ECl) ~./'< acrel ~/,4 acres
Water Sur' ace Area . ';>r acres 1I111~ acrel
Lmegetated tRock, earth or till) - t1 a acrel 11/0 acres
Roadl. buddlngs and other paved luriaces . .73+" Bl rl0 nnn "1 ft~~x <;~'f!," ,737 )(l;t;~
Other (Indicate tvpel ",. acrel . 1 . acres
(~I D 1/ ~ klf/~I-?h-AO ''',
3 What II predominant lod type(l! on prolect lite' Ilnknnwn .,..... ") I.:J , /-fCL /1 (' c- - . ~ r 7'/"'_
I
a Sod drainage X\\ell dralOed 100 % of I,te :Moderately well drJlned % oi lite
:poorlv drJlned __ % of lite I!lv'/lcad r-/!AVCfljhC'c"4:. 0-67"0
b If any agrrculturallJnd IS ,molved how many acres of sod are clasllhed Within sod group 1 through 4 of the N'
Land Clas\lilcatlon SI\tem' ~onp acres ISee 1 ,-,'!CRR 3701 l/<0t'1;7[,. (own<- C' Z;;.Q /7
/ to
.t Are there bedrock outcrOPplngs,on pro\ect site} =Yes X~o
J \\ hat 's c~epth 10 bedrock' _ /CC~~Cg?-'_ (In Icetl
2
-, .
b' Is prOIE'C )ub"drtIJlly (ontt~u()U) to
Re~!'der.... or Hl....:orl( PIJcesl :Ye'l
or (Ontdln do buddm~.
:c "0
:lS' or gr.,
site. or distriCt. listed
0-/0/':' ~~
% Slopes
on the State or the ~atlonal
7' I') project 'ub~:Jr' .:ih (0nrlguou5 to d 'lIte I~ted on the Register or '-iJtlonal 'Jaturdl Landmarks'
8 What" the' de~'h ,)1 the "ater tablel3 -10 ' (m teet! Unknown ~
:::~es
x: '<0
9 Is sIte IOCJted c\er a primarY'. prlnc:pdl. or ~ole source dQuder1
X:Yes
::::-'0
10 Do huntln~ II~n\n~ or )hellllshlng opportun1tl€':) pre~entl.., €\t....t In the prOject cHea'
=~es
1."'0
11
Does pr~lect Site contam any species or plant or a+- ;.te that IS ,dent.t,ed as
_ Yes ];:-'0 According to C VA <. & j2'l1-tC4.C-.
ldentlt\! each species V
threatened or endangered1
12 Are there any unique or unusual land torms on the pro led Slte' (I e, cliffs. dunes. ot~er goological iormatlonsl
:::Yes 1:-'0 DesCTIbe -:J7,D - a.c'Cy <<tC:1!.-tl' "&-' C"y,-~ tfJ..- M.-2 .l/LJ..e.:J+,
(/ /
13 Is Ihe prOlect
:::) es
sl~e presently used by the communlt\' or neIghborhood as an open .,pace or recedtlon area?
1 '<0 It Yes. explain
14 Does the pre5ent site include scenIC v]e~\s known to be Important to the communlty~
:::)es 1:-'0
1 S Stredms within or contiguous to prolect area None
a Same or Stream and name or RI\er to wh,ch It IS tributary
16 Lakes.
ponds, wetland areas within or contlguous
a ~ame N/A
17 Is the Site seT'ed by eXisting public utllltles' ::lYes ::::-'0
al If Yes, does sufftclent capacity exis~ to allow connection?
bl If Yes. wdl Impro'ements be necessary 10 allow connect,onl
to project area None
b SIZe (In acresl Nin,
Electric ,4{(..J.C,i'-1 c.-,:";JUUcuc! 6;
X::Yes =No h-CC'O
=Yes 1No
18 15 the 'Ite loca.~ed In an agricultural dlqrlct certdled pur~uant to Agnculture and "'arkets Law, ArtIcle 25-AA,
Section 303 and 3041 :::)es )["0
19 Is the Site localed In or substanl"II,' contiguous to a CTltlcal EnVironmental Area des'gnated pursuant to Article 8
01 the ECL ond 6 "YCRR 6171 :::Yes t:-.o
~o Has the site ever been used tor the disposal oi solid or hazardous wastesl
Upon information and belief
=Yes
X:-.o
B. Project Description
1 Ph,slcal dimenSions and scale of ;:Holect ~Idl In dImenSIOns as appropriate)
a Total contiguous acreage o"ned or controlled bv project sponsor 32 .109 saftJCXl(~ ~ 7:3 7 CLC CC<J .
b PrOIl?ct acreage to be de\eloped N/A acres lnj~lalh _........N/A acres ultimate I,
c Project acreage to remain undeveloped N/A acres No physical change anticipated
d Length oi prOlect. In moles N/A (It appropTlatel
e It the prolect IS an expanSion, Indicate percent of ex.panslOn proposed N/A %,
'\jumber or ofr-street pdrklng spdces e'(lstlng 8 proposed () ~J_
g ,\.-1aXlmum, ehlculJr trrps generatEd per hour tv;; nimrt 1 (upon completion Of prOlect)? / - 5 CA R 5 I-r,e
h Ii re"dent'JI '<umber and t'pe oi hou)lng Units N/A
One Famdv Two Famd,' \1ultlple Famllv Condominium
Inltlall,
L:[tlmJteh
I DImenSions ,In leet) oi large:>! propo~ed Hructure N/A hel~ht,
lInear teet 01 tr0ntage Jlong J publiC ~horoughfdfe project will occupy IS"
length
60 ft
L.:?
C,R - 46
""dth
50 It and
.~<'0
U:"'G
L..,P.WE_
3
,~
,",il dISturbed area, be recled' =Ye> _'0 X--N,^ 6(T.
a If yes, lor what Intended purpo,e " the Site being reclaimed'
b Will IOp,oil be ,tockpiled for reclamation' =Ves =No
c Will upper ,ub,oil be ilOckpiled' ror .eclamatlon' =Ve, =No
.$ How man" acres of "egetatlon (trees. shrubs. ground covers) will be removed from site'
'"' I -:> - I ~
1-4 _.!...~t;;;:I-..l~y
vE ~J:;:C 0 P6F;-
None
Jeres
:> \At tit any mature forest (over 100 years old) or other locallY-Important vegetation be removed by thiS prOlect'
=Ves leNo
6 Ii 'Ingle pha,e proJect: ^ntlcipated peflod oi con'tructlon N/A months, [including demolition),
7, If multi.pha,ed N/A
a Total number of phases anticipated (number),
b, ^nticipated date oi commencement pha,e 1 month year, (including demolition)
c .~pproXlmate completion date of final phase month year
d I, phase 1 functionally dependent on subsequent phases' eVes =No
8 \\ ill blasting occur dUflng con'lructlon'
=Ves
=No N/A
9 'umber of lobs generated dUflng ConSlructlon N/A
10 'umber of lobs eliminated bv thIS prolect -1Jonp
11 Will prolect requrre relocation of any projects or facilities'
, after project IS complete
DVes
~No
If yes, explain
12 Is surface irquid waste disposal involved' eVes XJNo
a Ii yes, Indicate type of waste ~sewage, Industrial. etc.) and amount
b ~ame of water body Into which effluent Will be discharged
13 Is subsurlace liqUid waste dISposal Involved' pVe, ~No TypeDf:?;(''-'~ { /7 Hlu t'l 'I
14 Will surface area oi an e\lstlng water body Increase or decrease by proposall =Yes [[No
E ,plain
15 I, project or any portion of prolect located In a 100 year flood plain' :::;Ves A'o Unknown
16 \\'i1lthe project generate solid wastel JS.Yes *No r; ;(IST! f1:f FAC;\,i ITY
a If yes, what is the amount per month tons (/. l.1(U 1-, (. I>IJCi.-K..C { t {f ,
b Ii ,es, will an eXisting so:,d waste facility be use_~1 ,B.Ves uNo C + J, ,~
c If Yes, give name ;;(JI,THcC.,o <.,,::>,/1../0/' /11 ; location _4_ChOCi\JC
./
d Will any wastes not go Into a sewage dISposal system or Into a sanitary landfill'
e If Yes, explain r.,'Olrt2t '\;",6 -Tlrll"T 'i2Cr,\;leE= N/~\n)I\ICI.?\/
~\~ c.. iCI,,;:t)
:gVes =No
K!:(.\./CI(",(:, E i
, -'
1 ~ Wrll the prolect Involve the dlsposa.l of solid waste1 eYes ::x No
a Ii yes, what 15 the anticipated rate of dlSposal1 tons,'month
b It yes. what IS the anticipated site lire) years
18 WIll prOlect use herbiCides or pestiCides) =Ves :eNo
19 Will proJect routinely produce odors (more than one hour per day)? ~Ves
X:::-'o
20 \'\'111 project produce operating nOI'se exceedIng the local ambient nOIse levels1
=Yes
:leNo
21 \Vl!l project result In an meredse In energy use'
Ii ,es , Indicate type(,)
22 If water supply IS from wells. indICate pL.<mplng capacIty gallons,mmute h(."")\ Pi"-O\) I Dz.+>
23 Total antlclpate<:J "ater u,age per da, gallons/day Minimal (L,:)v ,{/'LtL1/.- ~~V!ltd-
eYes
~No
2~
Does prOIE'ct Involve lOCJl State qH Feceral funding' X=Yes
Ii Yes, ",plain ~::.~~.~2:_ Deplt. of Defense donations
-a rot: lTr er:yl"ortTie-MUseum .
4
=No
are regularly made of tanks and
CltV. Town VlIlagt:' Pldnnln~ BOdfd
C It\'. r o.....n Z')llIn~ Go,l~d
CltV (ounty HeJ!th Depdrtment
Other Local Agf'nc1':'''
Other Regional ~gencle'
State Agencies :Ves :No
Federal Agencies =Yes 2f\,;o
Suffolk County Planning Connnission X Yes CJ--.c'-I'5c: "b Za"e..
C. Zoning and Planning Information
1 Does proposed action IOvolve a planning or zoning decision) XYes ,......0
It Yes. Indicate decIsIon required:
~zonlng amendment ,&'zonlng variance =spec1al use permit =subd,vlslon
'=new:revlsion OT master plan =rescurce management plan Cother
What" the zoning clalld,catlon(s)oi the Site' 1';8),' Tnn"o'ri.' /F"sid"Rti:ll Offiee LI J 1<0
I
~Vh1i IS the ma'\\'ium~otfunllal d.>velollmt;nt oj the Site Ii de\eloped as permitted by the present zoning'
AUc. yses as re ~er lttea, petmltled by special exceptlon and accessory uses allowed by
rtlc e XII, Sectlon lOO-140,Light Industrial Distri~t. of t),p ~n"'),n' n '1'm.m Zn"i"fl Code
What IS the proposed zoning oi the Site' Hamlet Business (~B) (Exhiblt A)
What IS the maXimum potential de\elopment oi the Site'; de\eloped as permlt:ed by the proposed zoning'
x~E~cy~e~xa~e~~ro~eI~~t d, pe mitied qy spe tal ~xcep ion and acc by
't)~fV~~I) "1.:qL_II,I.....
.
(,t\ TO\'..n \ dlJO::" ~~ .J'
)(, e\ :0,;0
X:Ves :0,;0
tYes =~o
:Ves :0,;0
:Ves :~o
:Ves :~o
,
J
4
5
lye
dlrLl10( 0-\- ~V\-..=
Site Plan Aooroval
V'o..VICl.l'\Cc6 - C; leI e. ~I
f-ro ~C\"Vc\
)uOm,ll,l1
D.I<
..5 - fb -C\'Z
-~~
4/16/91
XSlte plan
- , 0-srJ-
6 Is the proposed action conSistent with the recommended uses In adopted local land use plans I
7 \Vhat are the predominant land us~sJ a~d lonlng classdicattons wlthm a 1/. mlle radius of proposed actlonl
Hamlet Business, Residential Office, Light Industrial
9
8 Is the proposed action compatible with adJolnlng.surround~ng :and uses withIn a l,'c mile)
N III
.
Ir the propoied action IS the subdl\lslon oi land, how
a \\'hat IS the minimum lot size proposedl
!CVes
:"0
many lots
N/A
are proposed'
11
10 Will propospd dctlon reqUire anv authoTlzatlon(sl lor the formation 01 sewer or water d,stTlcts}
x:~o
Will the proposed
fire protectIOn))
=Ves
aClon create a demand for dnv communrt\ provided ser\ 'ces (recreatlon. education police
- *
_ les _~o
=Ye5
=~O
a It VfS, IS t?\lstlng capacltv sUrflclent to handle prOlected cemand?
12 \VIII the proposed action result In the generJtlon 01 tratflc slgnlTlcantlv abo\e ;Jresent le\els)
:Yes
X'-o
a It Yes, IS the €'\Istlng road nt:>t.....'ork adequd~e to handle the additional ~raii!c'
=l€'s
=-"';0
D. Informational Details
Attach any additional Information as md\-' be needed to ClaflT\ \'our prOlect II there are or may be an\' adverse
Impact:; assocldted WIth "our proposal, piease discuss such Impacts dnd the measures which you propose to mItigate or
J VOid them
E. Verification
I certli)' that the lnlormatlon p~ed aba'
Applicant Sponsor '-am/:/' :;te:-~~
Signature ,;/:,--;e<.
If the action is in the Coastal Area, and you jre a. state dgene.,., complele the Coastal
with this assessment.
Date -;:/ ~ 9'~
4. 4. ~ ...;7:. <
-
5
.
.
William Gasser Change or Zone
Long Environmental Assessment Form
LONG EAF PART II
Part _PROJECT IMPACTS AND THEIWAGNITUDE
Responsibility of Lead Agency
Gene,.1 Information IRead Carefully)
. In completing the torm the reViewer should be gUided b~ the question Have my responses and determinations been
reasonable! The revIewer IS not expected to be an expert environmental analyst
. IdentifYing that an Impact will be potentially lar~e (column 21 does not mean that It is also necessarilv significant.
Any large Impact must be evaluated In PART 3 to determine Significance IdentifYing an Impact In column 2 Simply
asks that It be looked at further
· The Examples provided are to assist the reviewer by shOWing types of Impacts and wherever pOSSIble the threshold at
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most Situations. But. for any specific prolect or Site other examples and, or lower thresholds mav be appropriate
tor a Potenl1al Large Impact response. thus reqUiring evaluation in Part 3.
. The impacts of each project, on each site, in each locality, will vary_ Therefore. the examples are illustrative and
have been offered as gUidance They do not constitute an exhaustive list of impacts and thresholds to answer each question
. The number of examples per question does not indicate the importance of each question.
. In idenWving Impacts, consider long term, short term and cumlative effects
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes If there will be any impact
b Maybe answers should be considered as Yes answers
c If answeflng res to a question then check the appropriate box (column 1 or 2) to indicate the potential Size of the
impact. Ii ,mpact threshold equals or exceeds any example provided. check column 2. If impact "ill occur but threshold
is lower than example. check column 1.
d If reviewer has doubt about SIZe of the impact then conSider the impact as potentially large and proceed to PART 3
e If a potentially large Impact checked in column 2 can be mil1gated by change(s) in the prOject to a small to moderate
impact. also check the Yes box in column 3. A No response Indicates that such a reducl10n IS not pOSSIble ThIS
must be explatned In Part 3
IMPACT ON LAND
1 Will the proposed acllon result In a physical change to t~e project site?
"-,NO eYES
Examples that would apply to column 2
. Any construction on slopes of 15% or greater. (15 foot rise per 100
foot of lengthi. or where the general slopes In the prolect area exceed
10%
. Construction on land where the depth to the water table IS less than
3 feet
. ConstructIOn of paved parking area for 1,000 or more vehicles
. Construction on land where bedrock is exposed or generally Yt'ithin
3 feet of ex-Istlng ground surface
. Construction that will continue for more than 1 ,,"'ear or Involve more
than one ;)hase or stage
. E..cavatlon for minIng purposes that would remove more than 1,000
tons ot natural material (ie, rock or soil) per year
. Construction or expansion Of a sanitary landfill
. Construction In a deSignated floodwav
. Other Impacts
2 v\itll there be an effect to any unique or unusual land forms found on
the Site' (I e. clltis, dunes, geological formations, etc )~O =YES
. Specific land forms
6
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] - ~Yes CNo
n - =Yes =No
~ -
- - , No
~ ~ _Yes
~ ~ _Yes :-No
- -
- -- -
- - , _Yes _'<a
- =Yes '-..No
- -
n - =Yes rNo
~ -
.--, - '=Yes LSO
u ~
--, - ~'<o
u u _Yes
" - =Yes '--No
- I -
.
IMPACT ON WATER
3 Will proposed action affect any water body deSignated as protected?
(L.:nder Articles 15. 24. 25 of the Environmental Conservation Law, ECL)
!tNO DVES
Eumples that would apply to column 2
. Developable area of site contains a protected water body
. Dredging more than 100 cubic yards of material from channel of a
protected stream.
. Extension of utility distribution facilities through a protected water body
. Construction in a designated freshwater or tidal wetland.
. Other Impacts:
4 Will proposed action affect any non-protected existin,~ or new body
of water? ~NO eYES
Eumples that would apply to column 2
. A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease
. Construction of a body of water that exceeds 10 acres or surface area
. Other impacts
5 Will Proposed Action affect surface or ~roundwater
quality or quantity? tlNO DYE S
Examples that would apply to column 2
. Proposed Action will require a discharge permit.
. Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
. Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity
. Construction or operation causing any contamination of a water
supply system
. Proposed Action will adversely affect gr<l>undwater
. Liquid effluent Will be conveyed off the Site to facilities which presently
do not exist or have inadequate capacIty
. Proposed Action would use water in etcess of 20.000 gallons per
day
. Proposed Action will likely cause siltatIon or other discharge into an
e.<isting body of water to the e<tent that there will be an obvious visual
contrast to natural conditions.
. Proposed ActIon will require the storagt of petroleum or chemical
products greater than 1.100 gallons
. Proposed Action will allow reSidential uses In areas without water
and. or sewer servIces
. Proposed Action locates commercial and or Industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities
. Other Impacts
6 Will proposed action alter drainagE" dow or patterns. or surface
water runofP ~NO eYES
hamples that would apply to column"
. Proposed Action would change flood ., ater flows
7
-- 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
0 0 DYes ONo
0 0 DYes ONo
D c-, DYes ONe
u
0 n DYes ONe
~
[j c-, DYes ONo
'-
0 n DYes ONo
-
0 0 DYes DNo
D 0 DVes ONo
0 D DYes ONo
0 0 OVes DNo
0 0 DYes ONo
0 0 DYes ONo
0 0 DVes ONe
0 0 DVes DNo
D D DVes LNo
D c-, DVes DNo
L;
,. C DVes ~Ne
-
r' I' DVes C~o
-
C D DYes DNa
, DVes LNo
'--' ~
c-, n DVes !:"Jo
~ .~
.
. Proposed ActIon may cause substantial erosion.
. Proposed Action 15 incompatible with eXisting drainage patterns
. Proposed Action will allow development in a designated floodway
. Other Impacts
IMPACT ON AIR
7 Will proposed action affect air Quality' d<NO eYES
Examples that would apply to column 2
. Proposed Action will induce 1,000 or more vehicle trips in any given
hour
. Proposed ActIon will result in the incineration of more than 1 ton of
refuse per hour
. E mission rate of total contaminants will exceed Sibs per hour or a
heat source producing more than 10 million BTU's per hour.
. Proposed action will allow an increase in the amount of land committed
to industrtal use
. Proposed action will aJlaw an increase in the density of Industrial
development Within existing industrial areas.
. Other impacts.
IMPACT ON PLANTS AND ANIMALS
8 Will Proposed Action affect any thre'atened or endangered
species' tNO eYES
Examples that would apply to column 2
. Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site
. Removal of any portion of a critical or significant wildlife habitat
. Application of pesticide or herbicide more than tWIce a year, other
than for agricultural purposes
. Other Impacts
9 Will Proposed Action substantially affect non-threatened or
non-endangered species' tNO eYES
Examples that would apply to column 2
. Proposed ,~ctlon ......ould substantIally :Interfere WIth any resident or
migrator\.' iish. shellilsh or wddllie species
. Proposed Action requires the removal of more than 10 acres
at mature torest (over 100 years of a!ge) or other locally Important
vegetation
IMPACT ON AGRICULTURAL.LAND RESOURCES
,
10 \\'111 the Proposed ActIon affect agrilcultural land resources)
lt~o eYES
bamples that would apply to column 2
. The proposed action would sever. cross or limit access to agricultural
land (includes cropland. hayflelds. pasture, Vineyard, orchard. etc)
8
1
all to
Moderate
Impact
:J
;:]
..,
C-J
o
~
c-,
U
c
[]
[]
[]
[]
[]
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c:;
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Potential
Large
Impact
L
o
c
o
~
u
'l
U
o
[]
[]
[]
e
[J
n
'---'
"1
n
'---'
3
Can Impact Be
Mitigated By
Project Change
'iYes
:JYes
~Yes
DYes
'~Yes
DYes
C::::Yes
UYes
DYes
eYes
eYes
=Yes
eYes
-Yes
:=Yes
:---I Yes
; IYes
=~o
~No
=NO
C=No
=No
:--NO
~No
~NO
: 'No
IlNo
NO
=No
I::JNo
-No
=NO
_No
,"--""NO
.
-
.~lIto 2 3
Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
0 C CVes DNa
0 0 eVes DNa
0 ,....., CVes CNo
L.;
0 n eVes DNa
LJ
0 0 eYes DNa
0 0 CVes DNa
0 [} CVes DNa
0 C CVes DNa
0 C CVes DNa
0 C eYes DNa
0 , LYes ONe
'--
~ , eYes eNo
LJ -
0 C CVes DNa
0 , CVes eNo
'--
0 r- CVes DNa
· Construction activity would excavate or compact the sOIl profile of
agricultural land.
. The proposed actiOn would irreversibly convert more than 10 acres
of agricultural land or, if located in an Agricultutal DIStrict, more
than 2.5 acres of agricultural land.
· The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g cause a farm
field to drain poorly due to increased runoff)
. Other impacts:
IMPACT ON AESTHETIC RESOURCES
11 Will proposed action affect aesthetic resourcesl ~NO =:JYES
(If necessary, use the Visual EM Addendum In Section 61721,
Appendix B)
Examples that would apply to column 2
. Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man.made or natural.
. Proposed land uses, or project components vISible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
. Project components that will result in the elimination or significant
scrf2'ening of scenic views known to be important to the area
. Other Impacts
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12 Will Proposed Action impact any site or structure at histOriC, pre-
hIStoric or paleontological importancel leNa DVES
Examples that would apply to column 2
. Proposed Action occurring wholly or partially Within or substantially
contiguous to any facility or SIte lISted on the State or National RegISter
at historic places
. Any Impact to an archaeological site or fossil bed located Within the
project site
. Proposed Action will occur in an area designated as senSItive for
archaeological SItes on the NVS Site Inventory
. Other Impacts
IMPACT ON OPEN SPACE AND RECREATION
13 \rVill Proposed Action affect the quantity or quality of eXisting or
future open spaces or recreational opportunities]
Examples that would apply to column 2 BNO =YES
. The permanent foreclosure of a future recreational opportunIty
. A major reductIon of an open space important to the community
. Other impacts
9
IMPACT ON.ANSPORTATlON
WIll there be an effect to eXISting transportation sys.lems?
~NO
hamples that would apply to column 2
. Alteration of present patterns of movement of people and/or goods
. Proposed Action will result In malar traffic problems
. Other Impacts
14
eYES
IMPACT ON ENERGY
15 Will proposed action affect the community's sources of fuel or
energy supplv' ~NO DYES
hamples that would apply to column 2
. Proposed Action will cause a greater' than S% increase in the use of
anv form of energy in the municipality
. Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 smgle or two family
reSidences or to serve a major commerCIal or industrial use.
. Other Impacts
NOISE AND ODO~ IMPACTS
16 Will there be objectionable odors, noise, or Vibration as a result
of the Proposed Action' ItNO DYES
hamples that would apply to column 2
. Blasting within 1,500 feet of a hospital, school or other sensitive
facility
. Odors will occur routinely (more than one hour per day).
. Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
. Proposed ActIon will remove natural barriers that would act as a
nOise screen
. Other Impacts
IMPACT ON PUBLIC HEALTH
17 Will Proposed Action affect public health and safety'
tiNO
eYES
hamples that would apply to column 2
. Proposed Action may cause a IIsk of explOSion or release of hazardous
substances (i.€ ad, pestIcides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or the're ma\' be a chronic low level
dIscharge or emiSSion
. Proposed ActIon may result In the burial of "hazardous wastes" in any
form (ie toXIC. poisonous, highly reactl\e, radioactive, irritating,
infectious. ete)
. Storage facil,ties for one million or more gallons of liquified natural
ga~ or other flammable liquids
. Proposed action may result in the excavation or other disturbance
",thrn 2,000 feet of a site used for the disposal of solid or hazardous
waste
. Other impacts
10
1 '2 I J
1;:" to Potential Can Impact Be
erate Large Mitigated By
Impact Impact Project Change
- =:Yes eNo
- -
,-, - CVes eNo
'-' -
" n DYes UNo
- -
, '::::J :Yes ONo
~
D ::::J !:Yes I'No
0 U =:Yes ~No
[J U I'Yes eNo
U 0 DYes UNo
0 0 eYes "No
n 0 eVes nNo
~
D ,U eVes r---:No
0 ~ '--- Yes DNo
---.J
" eYes -No
L; -
. , ;--, _Yes ONo
- -
" 0 _ Yes L.; NO
~
[J 0 _Yes DNa
IMPACT ON G&rH AND CHARACTER 1 2 3
Small 10 Potential Can Impact Be
OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By
18 Will proposed action affect the character of the existing communityl Impact Impact Project Change
~NO ~ES
Examples that would apply to column 2
. The permanent populallon of the city, town or village in which the e 0 OVes DNa
proJect is located IS likely to grow by more than S%
. The muniCipal budget for capital expenditures or operating services 0 0 OVes DNa
will increase by more than 5% per year as a result of this project. ;g.:
. Proposed action will conflict w.th offiCially adopted plans or goals D '--.;Ves r:No
. Proposed action will cause a change .n the density of land use. 0 DVes U,';o
. Proposed Action will replace or eliminate existing facilities, structures n 0 OVes eNo
w
or areas of hlStonc importance to the community.
. Development will create a demand for additional community services 0 0 DVes DNa
(eg schools, police and fire, ete)
. Proposed Action will set an Important precedent for future projects )K. 0 DVes eNo
. Proposed Action will create or eliminate employment. n 0 DVes eNo
. Other impacts: e 0 DVes DNa
19 Is there, or is there likely to be, public controversy related to
potential adverse environmental impactsl ~NO DVES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Detenmine the Magnitude of Impact, Proceed to Part 3
Responsibility of Lead Agency
Part 3 must be prepared if one or more impaet(s) is considered to be potentially large. even if the impaet(s) may be
mitigated.
Instructions
Discuss the follOWing for each Impact .dentified In Column 2 of Part 2:
1 Snefly descnbe the Impact
2 Descnbe (if applicable) how the Impact could be mitigated or reduced to a small to moderate Impact by prOject change{s)
3 Sased on the informatIOn available. deCide if It IS reasonable to conclude that thiS Impact IS important.
To answer the question of importance. consider:
. The probability of the Impact OCcurring
. The duration of the .mpact
. Its irreversIbility. including permanently lost resources of value
. Whether the impact can or will be controlled
. The regional consequence of the Impact
. Its potential divergence irom local needs and goals
. Whether kno~vn objectIons to the proJect relate to thiS Impact
(Continue on attachments)
Part 3-EVALUATlON OF THE IMPORTANCE OF IMPACTS
11
.
.
SEQR
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Determination of Significance
Lead Agency:
Town Board
of the Town of Southold
Address:
Date:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
September 22, 1992
This notice is issued pmsuant to Part 617, of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law.
The lead agency has determine.d that the proposed action described below will not
have a significant effect on the environment and that a Draft Environmental Impact
Statement need not be prepared.
Title of Action:
SEQR Status:
William F. Gasse.r and the
American Armoured Foundation, Inc
Mattituck, New York
Type I Action
The project which is the subject of this Determination,
involves a proposed change of zone of 0.737 acres from
Light Industrial "LI" and Residential Office "RO" to
Hamlet Business "HB".
Project Description:
SCTM Number:
District 1000 - Section 140 - Block 02 -Lot 16
Location:
The site is located on the east side of Love Lane,
north of the Long Island Railroad with frontage on C.R.
48, Mattituck, New York.
Page 1 of2
.
.
Gasser Change of Zone
SEQR Determination
Reasons Supporting This Determination:
This determination is issued in full consideration of the criteria for determination of
significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form
Parts I and II, and the following specific reasons:
1)
2)
The project has been evaluated through a Lon~ EAF Part III which discusses in detail
environmental and planning aspects of the project.
The subject parcel doe~~ot exhibit environmental sensitivity in the traditional sense.
Review of the Long EAt' Part I as well as field inspection indicates that the site is
suited for controlled development for the following reasons; soils are conducive to
leaching, tOl?ography is flat, there is no significant vegetation, wetlands or wildlife
habitat on site. 3). The, proposed zoning would not generate a significant influx of
people or traffic as cOm[ared to present zoning, nor would noise, aesthetic or visual
resources be significant adversely impacted.
Land use and zoning iss es are a local as opposed to a regional consideration, and
measures are available to reduce impact upon the community.
The use would be subje~t to site plan approval by the Planning Board if the zoning is
changed to "HB" in accdrdance with Chapter 100-91A. of the Southold Town Code.
4)
5)
For Further Information:
Contact Person:
Judith Terry, Town Clerk
Town Board of the Town of Southold
Town Hall, Main Road, South old
(516) 765-1801
Address:
Phone No.:
Copies of this Notice Sent to:
Commissioner-Department of Environmental Conservation
Regional Office-New York State the Department of Environmental Conservation
Southold Town Planning Board
Southold Town Building Depattment
Suffolk County Department of Health Services
Suffolk County Department of l'lanning
NYS Legislative Commission on Water Resource Needs of Long Island
Daniel C. Ross, Esq.
Southold Town Clerk's Bulletin Board
Page Z ofZ
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STATE OF NEW YORK
TOWN OF SOUTHOLD
---------------------------------------X
IN THE MATTER OF THE PETITION OF
rn r. ~ @rn.D WIG
II .. '" IrltY>
~'L_._~ ~L
$, D TOWN
PL~S" 'CARD
WILLIAM F. GASSER and THE AMERICAN
ARMOURED FOUNDATIQN, INC.
FOR AN AMENDMENT 10 THE SOUTHOLD TOWN
ZONING CODE AND T~E SOUTHOLD TOWN ZONING
MAP FOR THE TOWN F SOUTHOLD,
SUFFOLK COUNTY, N W YORK
----------------- ----------------------X
TO THE TOWN BOARDioF THE TOWN OF SOUTHOLD:
1. I, WILLiAM F. GASSER, residing at 2383 Fifth Avenue,
PETITION
FOR CHANGE
OF ZONE
Ronkonkoma, suffoik County, New York 11779, am the President of
I
American Armoured Foundation, Inc. and the owner of certain real
,
property situated:at Mattituck, New York and more particularly
bounded and described as follows:
All that certain plot, piece or parcel of land, with the
buildings and imp~ovements thereon erected, situate, lying and
being at Mattituc*, Town of Southold, County of Suffolk and State
of New York which'is bounded and described as follows:
BEGINNING ata point on the corner formed by the intersectio
of the northeasterly side of Love Lane with the northwesterly sid
of property of the Long Island Railroad company and from said
point of beginnin~:
RUNNING THENCE northwesterly along the northeasterly side of Love
Lane North 35 degrees 17 minutes 40 seconds West 50 feet;
RUNNING THENCE aling the land now or formerly of MacMillian North
45 degrees 05 min tes 00 seconds East 187.64 feet;
RUNNING THENCE al ng the land now or formerly of MacMillian and
Hawkins North 35 egrees 17 minutes 40 seconds West 336.23 feet t
the southeasterly, side of Middle Road;
RUNNING THENCE nottheasterly along the southeasterly side of
Middle Road, Nortll1 55 degrees 02 minutes 20.seconda,.East 60.00
feet;. --,'
RUNNING THENCE So$th 35 degrees 17 minutes 40 seconds East along
the land now or f~rmerly of Wines 375.72 feet to land of the Long
Island Railroad C~mpany;
.
.
.
RUNNING THENCE along land of the Long Island Railroad Company
South 45 degrees 05 minutes 00 seconds Wet 248.50 feet to the
corner aforesaid the point or place of BEGINNING.
Hereinafter referred to as the "premises".
2. I petition the Town Board of the Town of Southold to
amend the Southold! Town Zoning Code and the Zoning Map, dated
January 10, 1989, ito change the zoning district within which tt.e
,
premises are locatled from Light Industrial (" LI") and Residential
I
,
Office ("RO") to ~amlet Business ("HB").
,
3. This re~est is made for the following reasons:
Seventy ieight percent of the premises are subject to th
I
regulations prescJibed by the Southold Town Zoning Code for
,
property located iin an LI District. There is HB zoned property t
the immediate Nor~h, West and South of the premises. The Long
Island Railroad t~acks, which are in a HB District, are along the
Southern border o~ the premises. To the North and to the West of
a portion of the premises is the Ammirati property which is zoned
Hamlet Business. ,To the East there is property zoned Light
Industrial.
From a zioning perspective, the proposed change of zone
would bring the p~emises into conformity with the surrounding
properties. The premises are a natural extension and complement
the HB character ~f the Love Lane area. The HB zoned property to
the North of the premises indicate the intent of the drafters of
the Zoning Code w~s to extend North where appropriate the Love
Lane HB District. · The main entrance to the premises is on Love
..
.
.
Lane. Although the premises border the railroad tracks, it would
be incongruent to have an industrial use for a property with a
main entrance onto Love Lane. The main entrance to the premises
is on Love Lane. The Love Lane business district is zoned HB.
The premises, bec~use of the entrance, is more closely aligned an~
identified with the Love Lane Hamlet Business District than the
Light Industrial ~oned property to the East.
In the ~I District there is permitted by special
exception certain industrial operations. Industrial operations
are not permitted in the Hamlet Business zone. Consequently, thi
purposed change of zone is best described as an upzoning. From a
logical planning perspective the premises should be zoned Hamlet
Business.
The premises are presently being used as a warehouse
and as a museum to display for the public armoured vehicles,
uniforms, weapons and various implements utilized by the Armed
Forces of the united states of America. The American Armoured
Museum is a unique aspect of the Mattituck Love Lane business
district. The pa~riotic and commemorative message is clear in
this dynamic, wel]-maintained and informative business in
Mattituck.
For the 'reasons set forth above, this application for a
change of zone should be granted.
L"
:)/ '
',-,V',t// .-~
william
~t-J.JL--
GaS-ser
.
.
. .
American Armoured Museum, Inc.
f}~L-,-- J ~~.
By: William F. Gasser
INDIVIDUAL ACKNOWLEGEMENT
STATE OF NEW YORK)
),ss. :
,
COUNTY OF SUFFOLK)!
WILLIAM iF. GASSER, being duly sworn, deposes and says:
That he lis the petitioner in the above entitled action;
that he has read ~he foregoing petition and knows the contents
thereof; that th same is true to his knowledge except as to the
matters therein s .ated to be alleged upon information and belief,
and that as to th~se matters he believes them to be true.
~tL f) ;2h-0
WILLIAM F. GASSER
Sworn to before me this
day of S I /5" , ,1992.
[fre7 4 (h~/
/ Notary publi: ,
',,/
'~l !;
.... _ ....:1i ,:';:.. :;.,~;, : ~'.. ,. '~'.',
.. ,; 9d--'
CORPORATE ACKNOWLEDGMENT
STATE OF NEW YORK)
)ss. :
COUNTY OF SUFFOLK)
On this ! /~ day of May, in the year 1992 before me
personally came W~LLIAM F. GASSER to me known, who, being by me
duly sworn, did d1Pose and say that he resides at 2383 Fifth
Avenue, Ronkonkom , New York 11779; that he is the President of
AMERICAN ARMOUREDFOUNDATION, INC. the corporation described in,
and which submits lthis Petition for a Change of Zone; that this
Petition is submi~ted by Order of the Board of Directors of said
corporation, and ~hat he signed his name thereto by like order.
gasspeti80
blJ.c
!t\:; ,~ ,.,:':;.,~,'.
~;~:i...:.:;~~__. ..~: d:~":"'liJ,i;
1';: . ", " (;~t!~,t).
r:_c.."~' c',"" jV, I," 9.7.--
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P,O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 29, 1992
Lead Agency Coordination Request
The purpose of thi$ request is
Environmental Quality Review' Act-SEQRA)
and 6 NYCRR Part 617 the following:
to determine under Article 8 (State
of the Environmental Conservation La~
1. your jurisdiction in the action described below;
2. your interest in ass\!lming the responsibilities of lead agency; and
3. issues of concern wljich you believe should be evaluated.
Enclosed please finding a copy of th~ application and a completed Long
Environmental Assessment F:orm (EAF) to assist you in your response.
Project Name: William F. Gasser and. The American Armoured Foundation, Inc.
Requested Action: Petition for a change of zone from Light Industrial District
(1L1") and Residential Office District ("RO") to Hamlet Business District ("HB") on
certain property located on the northeasterly side of Love Lane, Mattituck, New
York.
SEQRA Classification: Type I
Contact Person: Judith T. Terry, Town Clerk, Town of Southold.
The lead agency will determine the need for an environmental impact statement
(EIS) on this project. If yol1 have an interest in being lead agency, please contact
this office immediately. I f no' response is received from you within 30 days of the
date, of this letter, it will be assumed that your agency has no interest in being lead
agency.
,--
.
.
Page 2.
Agency Position:
[ 1 This agency has no <I>bjection to your agency assuming lead agency status
for this action;
[ Xl This agency wishes to. assume lead agency status for this action.
Other. (See comments below)
Comments:
Please feel free to contact thi$ office for further information.
Very truly yours,
~~
Judith T. Terry
Southold Town Clerk
Enclosures
Copies of this request and all attachments to the following:
Commissioner Jorling, NYS:-DEC, Albany
Robert Greene, NYS-DEC, Stony Brook
Southold Town Planning Boardt.-
Southold Town Building Department
Suffolk County Departmerilt of Planning
Suffolk County Departmerjlt of Health Services
NYS Legislative Commissi~n on Water Resource Needs of Long Island
Daniel C. Ross, Esq. for, applicant (without attachments)
Southold Town Clerk's Bulletin Board (without attachments)
.
.
,su /?>FI U67~
/b
Vs ,<(
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southo1d, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 29, 1992
Southold Town Planning Bqard
Southold Town Hall
Southold, New York 11971
Gentlemen:
Transmitted herewith' is the petition of William F. Gasser and The
American Armoured Founi:lation, Inc. for a change of zone on certain
property located on the n~rtheasterlys'ide of Love Lane, Mattituck.
Please prepare an oMicial report defining the conditions described in
said petition and determirle the area so affected by your recommendation,
and transmit same to me. 'Thank you.
Very truly yours,
~~~
Judith T. Terry
Southold Town Clerk
Attachments
fD)rn@~ow~m
l1IJ JUL 3 '/992 1 ~
i
SOUTHOlD TOWN
PLANNING BOARD
-,-
.
.
:i
II
"
Ii
Ii STATE OF NEW YORK
'[ TOWN OF SOUTHOLD
[:
,I ---------------------------------------X
!I IN THE MATTER OF THE PETITION OF
I WILLIAM F. G~SSER and THE AMERICAN
I ARMOURED FOUNDATION, INC.
,I
[
I
I
I
I
FOR AN AMENDMENT to THE SOUTHOLD TOWN
ZONING CODE AND TiE SOUTHOLD TOWN ZONING
MAP FOR THE TOWN F SOUTHOLD,
SUFFOLK COUNTY, N W YORK
-----------------+----------------------X
PETITION
FOR CHANGE
OF ZONE
TO THE TOWN BOARDiOF THE TOWN OF SOUTHOLD:
1. I, WILLIAM F. GASSER, residing at 2383 Fifth Avenue,
I Ronkonkoma, Suffolk County, New York 11779, am the President of
I
i!
II
Ii
II
,[
II
I'
,I
II
II
I
American Armoured Foundation, Inc. and the owner of certain real
property situated at Mattituck, New York and more particularly
bounded and descr~bed as follows:
All that certain plot, piece or parcel of land, with the
buildings and imp~ovements thereon erected, situate, lying and
being at Mattituc~, Town of Southold, County of Suffolk and State
of New York which is bounded and described as follows:
BEGINNING at a point on the corner formed by the intersection
of the northeasterly side of Love Lane with the northwesterly sid'
of property of the Long Island Railroad company and from said
point of beginnin9:
RUNNING THENCE notthwesterly along the northeasterly side of Love
Lane North 35 degrees 17 minutes 40 seconds West 50 feet;
RUNNING THENCE altng the land now or formerly of MacMillian North
45 degrees 05 min tes 00 seconds East 187.64 feet;
RUNNING THENCE al ng the land now or formerly of MacMillian and
Hawkins North 35 degrees 17 minutes 40 seconds West 336.23 feet t
the southeasterlYiside of Middle Road; I
RUNNING THENCE nottheasterly along the southeasterly side of 'I
Middle Road, North 55 degrees 02 minutes 20 seconds East 60.00
feet; I
RUNNING THENCE So~th 35 degrees 17 minutes 40 seconds East along
the land now or formerly of Wines 375.72 feet to land of the Long
Island Railroad Company;
.
.
RUNNING THENCE along land of the Long Island Railroad Company
South 45 degrees 05 minutes 00 seconds Wet 248.50 feet to the
corner aforesaid the point or place of BEGINNING.
Hereinafter referred to as the "premises".
2. I petition the Town Board of the Town of Southold to
amend the Southold Town Zoning Code and the Zoning Map, dated
January 10, 1989, ito change the zoning district within which the
premises are locat.ed from Light Industrial ("LI") and Residential
Office ("RO") to Hamlet Business ("HB").
3. This request is made for the following reasons:
Seventy eight percent of the premises are subject to the
I
I
There is HB zoned property to
I
,
the immediate Nor1f.h, West and South of the premises. The Long I
Island Railroad tracks, which are in a HB District, are along thei
regulations presc~ibed by the Southold Town Zoning Code for
property located ~n an LI District.
Southern border o~ the premises. To the North and to the West of
a portion of the premises is the Ammirati property which is zoned
Hamlet Business. 'To the East there is property zoned Light
Industrial.
From a zoning perspective, the proposed change of zone
would bring the premises into conformity with the surrounding
ii properties.
II
Ii
II
II
II
'I
I
I
,I
I,
i'
Ii
Ii
The premises are a natural extension and complement
the HB character Of the Love Lane area.
The HB zoned property to
the North of the Hremises indicate the intent of the drafters of
the Zoning Code WaS to extend North where appropriate the Love
Lane HB District.
The main entrance to the premises is on Love
.
.
Lane. Although the premises border the railroad tracks, it would'
be incongruent to have an industrial use for a property with a
main entrance onto Love Lane. The main entrance to the premises
is on Love Lane. The Love Lane business district is zoned HB.
The premises, because of the entrance, is more closely aligned and
identified with tqe Love Lane Hamlet Business District than the
I
I
I
i
In the rlI District there is permitted by special I
exception certain industrial operations. Industrial operations 1
are not permitted in the Hamlet Business zone. Consequently, thi~
purposed change o~ zone is best described as an upzoning. From a
,
Light Industrial ~oned property to the East.
,
logical planning ~erspective the premises should be zoned Hamlet
Business.
The pre~ises are presently being used as a warehouse
and as a museum t~ display for the public armoured vehicles,
uniforms, weapons ,and various implements utilized by the Armed
Forces of the United states of America. The American Armoured
II
Ii Museum is a unique aspect of the Mattituck Love Lane business
I
I
i
Ii
"
I
I
I
I
district.
The pa~riotic and commemorative message is clear in
this dynamic, weIll-maintained and informative business in
Mattituck.
change of zone sho~ld be granted.
I
For the ,reasons set forth above, this application for a I
I
L'
/' {
,,>~/
William
'Z-:YYL..-
Gasser
II
I
I
j4, ;h-2 (2 871-7c
.'
.
.
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SEaR
617.21
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The rull EAF IS deSigned to help applicants and agencies determine. In an orderly manner. whether a proJect
or action may be 'ilgnlflcant. The question ot whether an action may be signIficant IS not always easy to answer Frequent.
Iy, there are aspects or a prolect that are sublectlve or unmeasureable It II also understood that those who determine
Significance may have little or no formJI knowledge 01 the envlfonment or may be technically expert In envlfonmental
analY\l\ In addition. many who have knowl'edge In one parlicular 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 determinalion
process has been orderly, comprehenSive In nature. yet fleXible to allow introductIon of mformation to fit a project or action
Full EAF Components: The full EAF II compmed of three parts:
Part 1: Provides objective data an~ Information about a given proJect and Its site. By identifying basic prolect
data, it assists a reviewer I~ the analY\l\ that takes place in Parts 2 and 3.
Part 2: Focuses on Identifying the rlange of possible impacts that may occur from a project or action. It prOVides
gUidance as to whether an irinpact is likely to be considered small to moderate or whether It is a potentially-
,
large impacl The form alsi!> Identifies whether an impact can be mitigated or reduced
Part 3: If any Impact in Part 2 II idtntlfied as potentially-large. then Part 3 II used to evaluate whether or not the
impact is actually Importa~1
DETERMINA TION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project:
or Part 1
!]I) Part 2
::::Part 3
Upon review of the information record~d on thll EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
informalion, and considering both the rhagltude and Importance of each impact, it is reasonably determined by the
lead agency thaI
A The prolect will not result: In any large and Important Impact(s) and, therefore, II one which will not
have a Significant impact on the environment. therefore a negath'e declaration will be prepared.
B Although the prolect could have a Significant effect on the environment. there will not be a signdicant
effect for this Unlisted .~ctlon because the mltigalion measures descflbed In PART 3 have been reqUired.
therefore a CONDITIONE II> negative declaration will be prepared.'
C The project may result In qne or more large and important Impacts that may have a SignifICant Impact
on the envlfonment. therefore a positive declaration will be prepared.
. A Conditioned Negative Declar~lion IS onlv valid ior Unlisted Aclions
WILLIAM F. GASSER AND THE AMgRICAN
ARMOURED FOUNDATION, INC. CH4NGE OF ZONE-LI and RO to HB
:--.iame of Action
Town Board of the Town of 5outhold
Name oi Lead Agency
Print or Type Name oi Responsible OiilCier In Lead Agency Title of ResponSIble Orflcer
Signature of ResponSible Officer In Lead Agency Signature oi Preparer (If different from responSible oif,cer)
Date
I
PART 1-PROJECT INFORMATION
. Prepared by Project Sponsor.
~OTICE This document IS designed to aSSISt In determining whether the action proposed ma\ have a il.Mlcant eifect
on the environment Please complete the entire form, Parts A through E Answers to these questions will be conSidered
as part Of the applicallon tor approval and mav be subwct to turther 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 lull EAF will be dependent on Informallon 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 A.CTlON
American Armoured Foundation, Inc. and William F. Gasser Change
LOCATION OF ACTION (Include Street Address. MuniCIpality and County)
Love Lane, Mattituck. Countv of Suffolk (SCTM 1000/140/2/16
, NAME OF APPLiCANT/l\~J1Ill
I American Armoured Foundation Inc.
ADDRESS
I Love Lane
I CITY/PO
, Mattituck,
of Zone - LI and RO to H
BUSINESS TELEPHONE
NAME OF OWNER (It diHerenl)
I ZIP CODE
11952
BUSINESS TELEPHONE
1516' 543-6600
ADDRESS
2383 Fifth Avenue
ZIP CODE
11779
CITY/PO
Ronkonkoma
DESCRIPTION OF ACTION
Application to change the zone from Light Industrial and Residential Office to Hamlet
Business with respect to property at Love Lane in Mattituck (SCTM 1000/140/2/16).
Please Complete Each Question-Indicate N,A. if not applicable
A. Site Description
PhYSical setting at overall prolect, both developed and undeveloped areas.
1 Present land use CUrban Clndustrlal XCommerclal CResidential (suburban)
C:::Forest ':JAgrlculture C:::Other WarphOlISP and MllsPllm
2 Total acreage oi prolect area 32.109 soft Ml,(s
APPROXIMA TE ACREAGE
Meadow or Srushland (Non-agricultural)
F ores ted
Agricultural (Includes orchards. cropland, pasture, ete)
Wetland (Freshwater or tidal as per Arllcles 24, 25 of ECL)
....Vater Surface Area
L:n\egetated \Rock, earth or ttll)
Roads, buildings and other paved surfaces Bl rig
Other (Indicate type)
3 \tVhat IS predominant soil type{s) on prolect sitel IlnltnnlAfn
a Soil drainage C:::Well drained 100 % of site =Moderately well dratned % oi Site
= Poorly drained % of site
b Ii any agricultural land IS Involved, how many acres of sotl are classified within sotl group 1 through 4 of the NYS
Land ClassJflcatlon System' Nonp acres (See 1 :-IYCRR 370)
4 Are there bedrock outcropplngs on project Site' C:::Yes XNo
a What ,s depth to bedrock! _ (In feet)
=Rural (non-iarm)
PRESENTL Y AFTER COMPLETION
acres acres
acres acres
acres acres
acres acres
acres acres
acres acres
7?nn <'] ft<l(~X S~QJe )(lJl:~
acres acres
2
. . I
:; -\pprO\lmdte percentJge or proposed prOlect ;Ite \\lth s"opes
.
b Is prOlect sub"'dntlJllv (ontl~uou:) to
Re~tsters or Hlstonc Pldces' :::::Yes
or contain a budding.
['"a
10-10"0 U 0/0 _'.(}. 1 )~'o. . %
=15% or gr~ %
site. or dIStrict. Isted on the State or the ~atlonal
7 Is prOlect 'iub~~Jn'I.::lh contiguous to a site listed on the Register or :\iJtlonat Natural landmarks}
8 What IS the deVh 01 ~he water tablel (in feet) Unknown
=Ves
-x: No
9 Is site locatl'd c\er d pomary, prlnc:pal. or sole source aquifer'
j(:Ves
=No
10 Do hunting 'l~h1n15 or shell ilshmg opportunltles pre<;entlv eXist In the project area}
=Ves
:1No
11 Does prolect site contain anv speCies 01 plant or animal Ide that IS Identliied as threatened or endangeredl
=Yes ::x~o According to
ldentliv each species
12 Are there anv
=Ves
unique or unusual land torms on the prolect sltel [J e. cliffs, dunes. other geological iormations)
1No Descllbe
13. Is the prOlect site presently used by the community or neighborhood as an open space or recreation area?
:::Ves X:-.o If yes. exwlaln
14 Does the present site include scenIC views known to be important to the communltv?
=Ves XNo
15 Streams within or contiguous to prolect area None
a, Name ot Stream and name ,ot River to which it is trtbutary
16 Lakes. ponds. wetland areas Within or contiguous to proJect area None
a Name N/A b SIZe (In acres)
N/Jl.
17 Is the site served by eXISting public uhlihes' DiVes ~~No
a) If Yes. does suffICIent capacity exis,t to allow connection?
b) If Yes, will Improvements be necessary to allow connection I
Electric
~Ves DNa
:::JVes [(No
18 Is the site located In an agllCultural drstflct certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304' =\es [No
19 Is the site located tn or substantially contiguous to a Critical EnVironmental Area designated pursuant to Article 8
oj the ECl. and 6 :-'VCRR 617' =Ves :tNo
20 Has the sIte ever been used tor the disposal ot solid or hazardous wastesl
Upon information and belief
:::Ves
XNo
B. Project Description
Ph\-slcal dimenSions and scale ot proJep (till In dimensions as appropriate)
a Total contiguous acreage oy,ned or controlled by prolect sponsor 32.109 safttcx~
b PrOject acreage to be developed N/A acres inItIal Iv; _-,r.J./A acres ultImately.
C Prolect acreage to remain undevelbped N/A acres No physical change anticipated
d Length oi protect. In miles NjA (If appropllate)
e It the project IS an expanSion. mdlcate percent of ex.panslOn proposed N/A %.
"Jumber ot ott-street parking spaces eXistIng _ 8 . proposed
g MaXimum vehIcular trips generated per hour r,1inimrll (upon completIon of prolect)l
h If reSidential Number and type of hOUSing units NjA
One Famdv Two Famd". ,\t1ultlple Family Condominium
Initially
Ullimately
I DimenSions (in ieet) of largest proposed structure Nj A height;
Linear teet ot trontage along a pubhe thoroughfare project will occupy iSl
,
width:
50
length.
It and 60 ft.
3
:'l How much nat~ral materIal (I e. rock earth. ete ) 'nill be removed from the \It€"
W,II dISturbed area,be recla.? =Ves =No x;,N/A .
a If yes, for what Intended purpose IS the SIte being reclalmedl
b Will topsoil be stockpiled ior reclamatlonl =Ves ~No
c Will upper subsoil be stockpiled'tor reclamatlonl =Ves C::No
~ How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?
Nnnp
tor.:' cubic vard~
Nonf'
acres.
5 ,^,'ill any mature forest (over 100 years old) or other locallY-Important vegetation be removed by thiS project?
=Ves KeNo
6 If Single phase project Anticipated period of construction N/A months, (Including demolition).
7 If multi-phased' N/ A
a Total number of phases antiCipated [number),
b. Anticipated date of commencement phase 1 month year, (including demolition)
c. Approximate completion date of final phase month year
d. Is phase 1 functionally depend~nt on subsequent phases? eVes ::JNo
,
8 Will blasting occur dUring constructi!onl DVes ':JNo N/A
9. Number of jobs generated during c()nstruction N/ A ; after project IS complete
10 Number oi lobs eliminated by this project Nonp
11 Will prolect reqUire relocation of any projects or facilities?
DVes
~No
If yes, explain
12 Is surface liquid waste disposal involvedl DVes XJNo
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 subsuriace liqUid waste disposal involvedl DVes WNo Type
14 Will surface area of an eXISting water body increase or decrease by proposal?
Explain
1) Is project or anv portion of project located in a 100 year flood plainl eVes
16 Will the prolect generate solid wastel C::Ves :j(!No
a If yes. what is the amount per month tons
b If yes, will an eXISting solid waste iacility be used? DVes eNo
c If ves, gIve name location
d Will anv wastes not go Into a sewage dISposal system or into a sanitary landfilll
e If Ves. explain
eVes []No
C:::No Unknown
;::::]Yes
eNo
17 Will the project Involve the dISposal of solid waste?
a If yes, what 's the ant,clpated rate of disposaJ?
b Ii yes, what IS the ant,c'pated s"te I,iel
DVes ::XNo
tons/month.
years.
18 Will prolect use herblc,des or pestlCldesl
=Ves
leNo
19 Will prolect routinely produce odors [more than one hour per day)? [JVes x:; No
20 Will prolect produce operating nOise exceeding the local ambient nOISe levels?
21 Will project result in an increase in energy use1 DYes []No
If ,es ,ndicate type[s)
L:Ves
ilCNo
22 If water supply IS from wells. ind,cate pumping capacity
gallons/minute
23 Total antiCipated water usage per day
gallons/day. Mi nima 1
2~ Does project involve local. State or Federal funding? X=Ves
Federal: Dept. of Defense donations
If Ves, explain
iirti I lery for the ~useum.
4
DNo
are regularly made of tanks and
Federal Agencies =Yes 2No
Suffolk County Planning Commissfon X Yes
C. Zoning and Planning Inform~tion
1 Does proposed dctlon Involve a plann!ng or zoning decislon~
If Yes, indicate decisIOn required:
~zoning amendment '=zoning!variance =speclal use permit
,
= new,lrevlsion of master plan prescuree management plan Cot her
~ What IS the zoning c1assification(s)of ~he slte~ T ;g},1- Tnrl1IC!h''';!:Il/R~~igQRti3.1
Office
gVhri " thg ma'mum-Rotlfi'l~al Mvel . pm"nt of the Site I; developed as permitted by the present zoningl
AU~' ~seXIaIs Sre Pi,er looteal~IOp ~mhlred by sp~cial.exceptlon and accessory uses allowed by
r lC e ,ect on - 4 , 1 t Industrlal Dl r' , oue
Wh h d. the site! Hamlet Business (Exhibit A)
at IS t e propose zoning of
What is the maXimum potential develQpment of the site jf developed as permitted by the proposed zoning!
i~~~c~~e~xa~e~EloEeI~~E d, p$ mitied 9Y spe tal ~xcep ion and acc ssory uses.allowed by
lblt_
JCj es
,-
2~. -\ppro..ls Required:
.
CltV. To\\n. \dIJ~" "k.J: ~ l[Yes =No
C,tv, Town. Village Plannln~ Board ][Yes CNo
Cltv, fo"n Zf)nln~ BOdrd =Yes =No
CltV. Countv Health Department =Yes =No
Other Local Agf>ncl':"''i =Yes =No
Other Regional ~gencll?) =Yes =:-'<0
State Agencies =Yes =No
3
.j
5
6
rye
Submitt.1
D.te
Site Plan ADDroval
4/161ql
xYes
=No
=subdivislon
=51te plan
15 the proposed action consistent with the recommended uses in adopted local land use plans/
7 What are the predominant land users) and zoning classifications wIthin a v.. mile radius of proposed action}
Hamlet Business, Residenti41 Office, Light Industrial
I
8 15 the proposed action compatible v.llth adJolnlng,surround:ng :and uses within a '" mile' )[;Yes '::eNo
9 If the proposed action IS the subdlviSlbn 0; land, how many lots are proposed' N / ^
a. What IS the minimum lot Silt! proposed! N/A
10 Will proposf'd action require any authonzatlon(sJ ior the formation or sewer or water distflcts}
=Yes
iNo
11 Will the proposed aelGn create a demand tor anv communltv proVided o;er\ Ices (recreation. education. police.
fire protection)} =Yes ~~o
a If Yes. IS eXisting capacitv surt'lclent to handle projected demand?
=Yes
=~o
12 'vVill the proposed action result In the generation of traffIc sli~nlrlCantlv above present levels}
=Yes
=Yes
='10
XNo
a It ves. IS the €'\isting road network adequate to handle the additional traffIC'
D. Informational Details
Attach any additional Information as may be needed to clarlt\ vour project Ii there are or may be any adverse
Impacts assocldted wIth 'lour proposal. ple~se discuss such Impacts and the measures which you propose to mitigate or
avold them
E. Verification
I cert"y that the
Signature
Date ~/ Y C/.x.-
<'_ ~- /: " .:z;., c .
Title
,/
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
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SCOTT L, HARRIS , '
Supervisor
~=':.~:.-,,,,,
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"-'h.uks tjngum.... Jr.
Sage Doyen, Jr.
James Dinizio, Jr.
Robert A, Villa
Telephone (516) 765,1809
.
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Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
Fax (516) 765,1823
Telephone (516) 765-1800
~-
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BOt\RD OF APPEALS
TOWN OF SOUTHOLD
INTER-DEPARTMENTAL MEMORANDUM
TO:
Harvey A. Arnoff, Town Attorney
DATE:
office of the BoaFd of Appeals
March 27, 1992
i
.
I
FROM:
Incomplete Appliclation - william Gasser
planning Board cdmmunications
Neighbor's writt~n Complaint to planning Board
We have received correspon~ence from Daniel C. Ross, attorney
for William Gasser concern"ng Mr. Gasser's property at Love
Lane, Mattituck. It appe rs that the American Armoured
Foundation, Inc. may have & lease for a museum at Mr. Gasser's
site for a federally chart~d military tank museum "installation"
which warehouses governmen~ owned heavy weapons for museum
use.
SUBJECT:
Mr. Gasser's attorney forw~rded to us an application for
variances; however, there ~ere several areas of the application
which were found defective (see our letter to Mr. Ross dated
February 25, 1992). You will also note that the Notice of
Disapproval issued Decembet 20, 1991 refers to enlargement of a
nonconforming use, althoug~ there is no record of the existence
of the museum prior to 1957.
Since the ZBA's apPlicatiop is defective, we have returned it to
Mr. Ross for resubmission, if necessary.
Dan Ross has asked for a cpnference with town representatives to
discuss a complaint by thel neighbor and his counsel. We are
suggesting that Mr. Ross c~' ntact your office directly to discuss
the complaint and any othe questions Mr. Ross may have
regarding the town and fed ral regulations for military
museums. !
If you find that there is :a need for a representative from the
ZBA concerning an appeal ~rocess, we would be happy to help.
cc:
,
Building Department (!Attn:
Planning Board (Attn:: Ben
V. Lessard)
Orlowski, Chairman)
IILL
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
SCOTT L. HARRIS
Supervisor
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APPEALS BOARD MEMBERS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
l1arch 31, 1992
Daniel C. Ross. Esq.
Wickham, Wickham &"Bres~ler, P.C.
Main Road, Box 1424
Mattituck, NY 11952
Re: Your Request to Meft with ZBA and PB Concerning
Outstanding ViOlation and/or Complaint Against Gasser Parcel
E/s Love Lane and $/s C.R. 48, Mattituck (1000-140-2-16)
Dear Mr. Ross:
I have reviewed your letter requesting a conference with town
departments.
As you may not know, OUt office has not been involved with
complaints filed against Mr. Gasser's property at Love Lane,
Mattituck. However, in i reviewing with the Planning Board file,
it appears that complai~ts have been made through their office
and the Building Inspector.
I
Also, you will note that the Z.B.A. does not have an application
on file at this time. lIt is apparent that you have legal
issues or legal questions which may affect enforcement or steps
to possibly resolve vioiation complaints, and any conferences
for town departments and staff on such matters must be at the
direction of our Town A~torney. You should feel free to
discuss this matter wit~ Mr. Arnoff if there is a jurisdictional
problem. i
I
I
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,
Very truly yours,
1k
cc: Planning Board
Building Departmen~
Town Attorneys
GERARD P. GOEHRINGER
CHAIRMAN
Im!~ @ ~ '"W Ii
1, - i~.
I
SOUTHOLD TOWN
PLANNING BOARO
~
i
LAW OFFICES
WILLIAM WICKHAM
ERIC v. BRESSLER
ABIGAIL A. WICKHAM
WICKHAM, WICKHAM a BRESSLER, pc.
MAIN ROAD. P,O. BOX 1424
MATTITUCK. LONG ISLAND
NEW YORK 11952
MORTGAGE OFnCE
DANIEL C. RO'S3
LYNNE M. Gcr;OON
JOSEPH C. SAVINO
HUBERT F. SULLIVAN
KAREN J. HAGEN
516-298-8353
TELEFAX NO. 516-298-8565
516.298-5300
fELEFAX NO 516-298-2012
March 13, 1992
Southold Town Zoning Board of Appeals
Town Hall, 53095 Main Road
Southold, New York 11971
Attention: Mr. Gerard P. Goehringer, Chairman
Re: Planning Board Office Letter to
American Foundation, Inc. dated
December 20. 1991
Dear Mr. Goehringer:
Enclosed herewith please find correspondence from the
Department of the Army dated January 29, 1992 relative to
the screening/fence issue. After your review of the letter,
I suggest an opportunity to conference this with your staff
and the Planning Board staff. Perhaps the complaining
neighbor and his counsel could be included in the
conference.
Enclosed herewith please find two photographs of the
Memorial Tower.
DCR: vm
cc: Planning Board
Marie ongioni, Esq. (with 1/29/92 correspondence)
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l..o'WOF"F'ICC:S
WILLIAM WICKHA"'"
(!=lIe ..J. BRESSLER
ABIGAIL A. WICKHAM
WICKHAM. WICKHAM a. BRESSLER. pc.
MAIN ROAD. PO. BOx 1424
MATT\TUCK. LONG ISLAND
NEW YORK 119!l2
D....NIEL C. ROSS
LYNNE M. GORDON
,JOSEPH C SA.....INO
HUBERT F. SULLIVAN
KAREN ,J, HAGEN
516-298-8353
TELEFAX NO 516-298-8565
MORTGAGE OFF"lCE
516-298-5300
TELEFAX NO. 516-2ge-2012
March 13, 1992
Southo1d Town P1annirg Board
Town Hall, 53095 Main Road
Southold, New York 11971
Attention: Mr. Bennett Orlowski, Jr., Chairman
Re: Planning Board Office Letter to
American Foundation, Inc. dated
December 20. 1991
Dear Mr. Orlowski:
Enclosed herewith please find correspondence from the
Department of the Ar$y dated January 29, 1992 relative to
the screening/fence issue. After your review of the letter,
I suggest an opportunity to conference this with your staff
and the Zoning Board of Appeals staff. Perhaps the
complaining neighbor and his counsel could be included in
the conference.
(/
DCR:vm
cc: Zoning Board of ~ppeals
Marie Ongioni, E~q.(with 1/29/92 correspondence)
DEPARTMENT OF THE ARMY
October 29, 1991
Aaerican Armoured Foundation
2383-5th Ave.
RonkonkoDa. New York 11779
Dear Sir:
Our records indicate that your organization was given a combat vehicle
as a donation by this Co..and.
In accordance with regulations, Para 3a (9), DOD Reg .160.21-H. it i.
required that this Com.and make the followlng inquiries on dn ~nnual basis:
a.
purpose?
Is do~ed equipment being
Yes No
used for the requested and approved
b. Is the equipment beIng properly maIntained and orotected? Yes v1No
c. Do you stIll WIsh to retain the don<).ted eqUIpment? Yes VNo____
The above DOD regulation also requires that vehicles be demIlitarized
prior to placement for final di3pldY. Request that you provide d copy of
your certificate of demilitarization with your response to this letter.
Pleo.se
government.
advise this
be o.dvised that tItle to the donated equip~ent
When donated equipment is no longer needed or
office for proper disposition instructions.
remdins looIith the
desired.. pledae
Sincere:y.
?/J7.d~ ?ide:-
KENNETH R. HILTUNEN
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DEPARTMENT OF TliE ARMY
LOGISTICAL SUPPORT ACTIVITY MAINTENANCe:
2755 MAPLE AVENUE
BELLMORE. NEW YORK 11710
January' 29, 1992
Wickman, Wickman & Bressler, P.C.
Main Road
P.O. Box 1424
Mattituck, NY 11952
Attention: Mr. Darie1 C. Ross
Re: Planning'Board Office Letter to American Amoured
Foundatibn, Inc. dated December 20, 1991
Dear Mr. Ross,
During the annual inspection of the tank museum this January,
I was shown the P14nning Board's request that a stockade fence
or equivalent be placed around th~ entire museum perimeter
except for the souqhern fence line that runs adjacent to the
railroad tracks. ~ wish to point out that the tank museum is
a federally charted military museum installation warehousing
government owned p~operty in the form of heavy weapons. As
such the museum is required to meet strict DOD regulations for
storage and security of this government property. Para 3A (9),
DOD Reg. 4160.21-M 'regulations state that the museum must main-
tain and protect th!ese weapons to federal government specifica-
tions. It is manda!tory that the museum certify to this condi-
tion each year (please see copy enclosed). It is also manda-
tory that the museum not disregard any of these federal regu1a-
.tions.
It is this Army off~ce, to which I'm attached that controls fed-
eral government weapons for the area. Thus the tank museum
falls under my juri$diction. In reviewing the Planning Board's
request for additio~a1 fencing as reiterated above; I find that
this request would Place the tank museum in conflict with the
above stated federal ODD regulations. It would not be in the
best interest of the federal government if the existing fence or
property were a1ter~d by the addition of screening. Security
of these weapons anq especially security of the general public
from illegal tamper~ng of these weapons would be greatly reduced
by any form of scre1ning. Inspections by this office and the
Bureau of Alcohol, ]abacco and Firearms are made periodically of
the tank museum. Unrestricted view of these weapons from outside
the property thru t~e metal fence is required for these inspections
to be made. The exi,sting fence was approved by the ODD when the
museum opened in 19~1. Please note: federal firearms regulations
take precedenre overi any state or local laws as to the security
of these weapons as ~anciated by U.S. Code 18, Chapter 44. I
trust that the town pfficia1s will understand that federal reg-
ulations take precedFnce in this matter, and that the museum
"mllst meet there in their entirety, regardless of choice.
DEPARTh'lENT OF THE ARMY
LOGISTICAL SUPPORT ACTIVITY MAINTENANCE
2755 MAPLE AVENUE
BELLMORE, NEW YORK 11710
l~.
In view of the above regulations, I have instructed the tank
museum to take no action that would violate the law, and there-
fore not to add screening as was requested. During the January
inspection, Mr. Gasser of the tank museum indicated that this
instruction would place the museum in an undesirable compromised
position with the town's request. Mr. Gasser asked .that this
order be placed in writing and forwarded to you for transmittal
to the town's officials. In addition, Mr. Gasser indicated as
a gesture of good faith the museum would attempt to raise add-
itional donation funds which would be used to place slats on
the northern part of the museum's parking area where the restaur-
antis visitors might gather. The offer is contrary to security
instructions, however if no other screening obstructions are
added, then this will be the maximum visibility blockage that
will be accepted by this Army office.
I trust that this letter clarifie~ the screening situation, and
hope that the town understands the Army position on this matter.
Any further correspondence as may occur from the town or museum,
should be forwarded directly to this office and my attention.
Unless notified to the contrary however, this matter is considered
closed.
Thank you for your understanding.
Sincerely,
./. ~~~
~~~~~~~?C'-'"~.~
~:s J. Brecciano
Weapons Inspector
U.S. Army Logistical Support Activity, Maintenance
.1
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PLANNING BOARD MEMBERS
Bennen Orlowski. Jr.. Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kennelh L. Edwards
SCOlT L. HARRIS
Supervisor
'. '7:..,_:-.-. .>.-
Town Hall. 53095 Main Road
P.O. Box 1179
Soulhold. New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
December 20, 1991
Daniel c. Ross
Wickham, wickham & B~essler, P.C.
Main Road, P.O. Box 1:424
Mattituck, NY 11952
RE: Proposed Site Plan for
American Armoured
Foundation, Inc.
N/E/c LIRR Right of Way
& Love Lane, Mattituck
SCTM>> 1000-140-2-16
Zoning: RO ( Residential
Office and LI (Light
Industrial)
Dear Mr. Ross:
The Planning Boa~d has received your letter of December 10,
1991, requesting a modification of the Board's request to
completely screen the above mentioned property.
The Board asks tnat the screening be placed around the
entire property with the exception of the south side facing the
railroad. A wood stockade fence or equivalent should be used for
the screening.
,. If you have any 4uestions, or require further information,
. please contact this office.
Very truly yours,
---> /7 ;/ - /7
(;Ie' ;vvu.if <l&t..-C:c'l-1.A./cA- . '7'1' /~/~
Bennett Orlowski, Jr. ,~
Chairman
cc: Victor Lessard, Erincipa1 Building Inspector
Vincent Wieczore~, Ordinance Inspector
Matthew Kiernan, :Assistant Town Attorney
Frank Ammirati, ~irati's Cupboard
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LAW OFFICES
WILLIAM WICKHAM
ERIC oJ. BRESSLER
ABIGAIL A WICKHAM
DANIEL C. ROSS
LYNNE M. GORDON
,JOSEPH C, SAVINO
HUBERT F. SULLIVAN
KAREN oJ. HAGEN
WICKHAM, WICKHAM 8. BRESSLER, P.c.
MAIN ROAD, P_O. BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
MORTGAGE DFnCE
516-296-8353
TELEFAX NO. 516-298-8565
516-298-5300
TELEFAX NO. 516-298-2012
December 10, 1991
Planning Board for ~he Town of Southold
Southold Town Hall
P.O. Box 1179
Southold, NY 11971
Attention:
Bennett Orlowski, Jr., Chairman
Re: Amer~can Armoured Foundation, Inc. ("AAF")
Dear Mr. Orlowski:
This will acknowledge your correspondence of August 28,
1991 and December 3, 1991 regarding the referenced matter.
My apologies far the delay in responding. Enclosed is
the proposed site plan you requested. We request the Board
reconsider item 1 of your August 28, 1991 correspondence.
Item 1 calls for the total screening of the property. It is
our understanding t~at only one neighbor has objections to
the present use of ~he subject property. Consequently, it
is overkill to requfre complete screening. The Railroad
borders on the South and Route 48 on the North. We are
informed the neighbor to the East does not object to the
view or use and, consequently, request screening not be
required on the Eas~. If you desire the neighbors position
be set forth in writiing, let me know. As to screening
bet't;leen the museum alnd the cQmpl?ining neighbor, Mr. and
Mrs. Gasser are con~idering weaving the existing chain link
fence with slates of some type.
,-
We will request a Notice of Disapproval from the
Building Inspector and will proceed to request a variance
upon receipt of the Notice of Disapproval.
/7iJutt'/
. . ll'1:. . Ros;;t
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