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HomeMy WebLinkAbout1000-40.-3-1 . 5'ur;<,F ~ VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum From: Re: Joshua Horton, Supervisor and Members of the Town Board / ~ _ J1h./. Valerie Scopaz, AICP, Town Planner . owr - {) KACE property located on South side of CR 48, approximately 2300 feet east of Chapel Lane, Greenport, NY SCTM # 1000-040-3-1 May 6, 2002 To: Date: This memorandum is in response to your request for an updated report and recommendation on the proposed change of zone (on the Town Board's own motion) from Hamlet Density (HD) to R-80, Low Density Residential for this 17.1 acre parcel. This parcel was first recommended for a change of zone from HD to R-80 in 1994. In my report to the Town Board, titled Review of Hamlet Density Zonino in Southold Town. February 1994. all the vacant HD zoned parcels in Southold Town were evaluated. The report included an assessment whether that designation is in keeping with the intent of the Comprehensive or Master Plan for the Hamlet Density (HD) zoning district. In 1994, the zoning of the subject parcel was examined and found to be contrary to the intent of the Zoning Code for Hamlet Density districts. Specifically, the site lies more than a half-mile from the Village's boundary, and it is not within direct walking distance of the commercial center of Greenport. Of additional concern were the presence of freshwater wetlands on the site and its location adjacent to about 192 acres of highly sensitive properties within the Village of Greenport that are zoned Park District (under the Village Code) and known as Moore's Woods. A copy of the relevant sections of that report are attached and highlighted for your convenience. . . In 1999, the consultant who reviewed this same parcel as part of the County Route 48 rezoning also recommended that it be rezoned (along with an nearby parcel of 1.2 acres) to R-80. As noted in the Findings Statement, the rezoning to a less intensive use would serve multiple purposes. The following quote from that report is particularly applicable. "The hamlet centers currently act as the commercial centers of the Town and provide a sense of place. In contrast, areas outside of the hamlet centers generally portray a more open and agricultural character, with small areas of commercial activity. The contrasting characteristics of these areas are highly prized by the residents of the Town. Southold is one of the only towns on Long Island where hamlet centers still exist for the most part. The re-zoning of certain parcels within the corridor to more appropriate uses will have the effect of enhancing the basic characteristics of the hamlet centers and areas along the corridor" (County Route 48 Corridor Land Use Study, Findings Statement, August 1999, p.5, Cramer Consulting Group, Inc.) It is recommended that the Town Board rezone this parcel from HD to R-80. . . ~ JOSHUA Y. HORTON SUPERVISOR Town Hall. 53095 Route 25 P.O. Box 1179 Southold. New York 11971.0959 Fax (631) 765.1823 Telephone (631) 765.1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD MEMORANDUM TO: VALERIE SCOPAZ, TOWN PLANNER FROM: TOWN BOARD DATE: MARCH 29, 2002 KACE PARCEL (SCTM#1 000-40-3-1) RE: On behalf of the Town Board, a request is made to evaluate the above referenced parcel in terms of the "Route 48" change of zone proposal. Specifically, please prepare a report and recommendation as to the previously proposed zoning district change (from Hamlet Density to Low-Density Residential R-80) and whether said proposal continues to be in accordance with the Town's Comprehensive Plan and any other relevant considerations. By way of history, this parcel was part of the large "Route 48" rezoning of 1999. The vote to change the zoning district of this parcel was overturned by the Supreme Court. Therefore, the Board would like an updated report and recommendation on the proposed change of zone from the current Hamlet Density district to R-80 Low Density Residential. At)!< (} .i iUUL . . REVIEW OF HAMLET DENSITY ZONING IN SOUTHOLD TOWN Report to the Town Board February 1994 . . REVIEW OF HA}!LET DENSITY ZONING IN SOUTHOLD TOWN Report to the Town Board February 1994 INTRODUCTION: The purpose of t~is review is :0 study the cur!ent status of each vacant property that presently is zoned for Eamlet Density. The study includes an assessment whether thac designation is in keeping with the intent of the Comprehensive or Master Plan for the Hamlet Density (HD) zoning district. Initially, this report will describe the reasons for the review. It then provides a detailed analysis of the pertinent policies of the Comprehensive or Master Pla~ affecting the Hamlet Density zoning and the history of the zoning that preceded it. Next, the report includes an analysis of the properties in a uniform manner. Each property is described as to its current physical location, including zoning. Each property is reviewed in terms of any current approvals and development. Each is analyzed as to its conformity with the Comprehensive or Master Plan and other public policies. Lastly, a recommendation is made as to the appropriateness of the zoning. NEED FOR THE REVIEW: The need for this review evidenced itself in different wcys. 1 . . Fir~t, with one exception, the parcels to be reviewed have b~en zoned HD for long periods of time ranging from 5 to J6 years. Second, these properties are either undeveloped or under-developed. Third, seven of the eight parcels are located adjacent to or within close proximity to.the Incorporated Village of Greenport. The fact that these properties remained undeveloped over such long periods of time raised several questions: which ranged from why the properties were rezoned in the first place to why the properties remained undeveloped. The clustering of these properties adjacent to and around the Village of Greenport also raised questions as to the consistency of the Town's actions in context with its own Comprehensive or Master Plan. With one exception, the HD zoning designation was assigned to each parcel in response to a petition by the property's owner. The rezonings occurred periodically, starting in 1958. The potential availability of public water and, in some cases, sewer, services from the Village of Greenport evidently was a factor considered by previous Town Boards in granting these parcels the HD zone. All but one of the undeveloped HD parcels either are adjacent or within close proximity to Greenport Village. The resulting pattern has had a significant negative impact on the Village of Greenport. The Mayor of the Village had a general discussion with the Town Board on January 4, 1994, in which he indicaced that the cumulative impact of the added density would not only strain the present infrastructure capability of the Village's public water and sewer systems, it would increase Greenport's already disproportionate share of the Town's affordable housing units; a situation that was documented in Suffolk County's Equitable Housing Study of 1991. The Town has not undertaken a specific study of the appropriateness of HD rezonings since the Master Plan Update was conducted during the early 1980s. This review will look at the appropriateness of the HD zoning designation for those parcels that are zoned HD and that are undeveloped. This is in keeping with the Town Board's commitment to implement the Town's Comprehensive or Master Plan. Charged in 1992 with suggesting ways to implement this vision, the Town's Stewardship Task Force recommended to the Town Board, in September of 1993, that it "Revise the Zoning Code and Map to better comply with goals of the Master Plan". In conjunction with this recommendation, the Task Force also suggested to the Town Board that it "Review Zoning Map and revise to eliminate zoned districts which are incompatible with their present use and physical 2 . . ~ontext.tl This review is in response to those recommendations. AUTHORIZATION FOR REVIEW: The Town Board Resolution of January 4, 1994 states the reasons for this review, the Board's intent in authorizing it, and directs staff to carry out the study. METHODOLOGY USED IN ANALYSIS: CRITERIA FOR REVIEW: The methodology used here reflects the purpose of this review which is to examine the eight vacant parcels currently zoned Hamlet Density and to determine whether they are appropriately zoned in relationship to the goals and objectives of the Town's 1984 Update of its Comprehensive or Master Plan, the 1991 Report of the US/UK Countryside Stewardship Exchange and the ongoing work of the Town's Stewardship Task Force. Each of the eight properties were reviewed systematically using the following format: Site Data Notable Physical Features and Limitations Surrounding Land Uses and Zoning Status of Development: Approvals and Infrastructure Public Policy Recommendation The Site Data section will identify the parcel by its Tax Map Number, its location and its acreage. Information about the zoning and ownership history of this parcel will be presented here also. The section on Notable Physical Features and Limitations will review the relevant, available environmental data and its significance or potential impact on the parcel's develcpment potential. The Surroundinq Land Uses and Zoninq section will describe the land uses and zoning of the surrounding properties, and will discuss the significance of those uses and designations for the subject parcel. The following section, Status of Development: Approvals 3nc I~:~as~~Jcture, will review the current status of any 3ppiicaclons and approvals for the subject parcel. . . The Public Polic'! section will examine the approprlateness of the Hamlet Density designation relative to the vision set forth by the Townts Comprehensive or Master Plan Update in 1984, the 1991 US/UK Countryside Stewardship Exchange Report and the Stewardship ~ask Force's draft recommendations of 1993. The last section, Recommendation, will list a recommendation for either leaving the Hamlet Density designation or changing it. Public Policy in the Context of the Comprehensive Plan and the Zoninq Code: Because the Public Policy sections of each case study presume an understanding of the Town's Comprehensive or Master Plan and of the Town's ongoing efforts to implement its vision, as well as an historical knowledge of elements of the Zoning Code itself, the following section has been included here. rts purpose is to provide a detailed analysis of the public policies that were considered in this evaluation of the pattern of Hamlet Density zoning in Southold Town. The Comprehensive Plan Southold Town has been engaged in an ongoing effort to implement the Goals and Policies of the 1984 Comprehensive or Master Plan Update as evidenced by the work of the Stewardship Task Force (STF). Appointed by the Town Board. the STF has been charged since its inception in 1992, with the "study and exploration of amelioratory recommendations of the Southold Town Zoning Map and Ordinances, in order to foster and implement the ideals and goals of the existing Master Plan, incorporating the recommendations of the US/UK Stewardship Exchange." The recommendations of the US/UK Stewardship Exchange reflect the collective thinking of a team of eight professional planners who met with government officials and a wide range of community representatives about planning issues during July of 1991. They found six areas of agreement with the Comprehensive or Master Plan. These included: 1) "Concentration development in villages, . . . II of new residential and commercial and around existing hamlets and along with the 2) "Preservation of the historic character of the villages and hamlets, carefully controlling design . . of :J.2W development to maintain compatibili-c'{. It and J) 1!!"iaintenance and improvement of the environment through provision of an appropriate infrastructure to protect water quality and to manage n~tural resources properly, and to guide development to appropriate locations.lI (A Report by the 1991 US/UK Countryside Stewardship Exchange Team To The People of the Town of Southold, North Fork. Long Island. November 1991. p.8.) The aforementioned issues had been derived from the Goals and policies of Southo1d Town's 1984 Master Plan Update. That document set forth a number of Goals and subsequent policies which have a bearing on this study, and which are stated in Appendix A of this study. In September of 1993, the stewardship Task Force published an interim report in which it made a series of draft recommendations to implement the Goals and policies set forth by the 1984 Master Plan Update. The preface to its recommendations on the Character of Hamlets and Rural Setting states: The hamlets are the historic focus for residential and business activity in Southold Town. We consider this to be a desirable pattern of development, which should be encouraged by allowing appropriate new residential and commercial development in the existing centers. In order to facilitate this growth, careful planning should undertaken by the Town, so that a rural, pedestrian orienced village quality, consistent with our history and traditional pattern of development, is fostered. The long history of Southold has given rise to a tremendous richness and diversity of buildings and working landscapes. Vigorous steps should be taken to assure the preservation of these structures and landscapes, without infringing on the rights of their individual owners. All residents benefit from ehe preservation of our historic and scenic heritage, not only for our "quality of lifell, but for the economic potential it offers the Town. Purpose of the Hamlet Densitv Zonina District: rhlS policy of concentrating residential development :hraughouL ~~e ~Qwnls ~amlQts is reit9~3ted ~n the Tow~'s . . Zoning Code, which states that the purpose of the HD Zonlng District is: "to permit a mix of housing types and level of residential density appropriate to the _ areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport." The Zoning Code specifies that the HD district may De designated by the Town Board upon its own motion, as well as by petition of the property owner on parcels located within one-half mile of a Hamlet Business district of the hamlets of Mattituck, Cutchogue and Southold; and within one-quarter mile of the Hamlet Business district of Orient and within one-half mile of the boundary of Greenport Village. In the Master Plan Summary of 19B5, three criteria were set forth for the establishment of a Hamlet Density district: location relative to the hamlet business area, the availability of utilities and the provision of moderate COSe housing. The report suggested Greenport be considered as a hamlet. It also suggested that the maximum HD development be permitted "only where necessary utilities are in place or can be assured and where there is the provision of moderate cost housing." (p.9). Finally, it states the "The Hamlet Density category is also designed to support the establishment of innovative techniques for getting the optimum use out of existinq housing." (Emphasis supplied.) Uses Allowed in the Hamlet Density Zoninq District: The Zoning Code allows within the HD district only two uses by right: 1. one-family detached dwellings, and 2. two-family dwellings. A Special Exception from the Zoning Board of Appeals is required for other uses such as: 1. multiple dwellings, townhouses, row or attached houses; 2. accessory apartments in Single-family residences, (as regulated elsewhere in the Zoning Code); 3. bed and breakfast establishments, (as regulated elsewhere in the Zonlng Code); 4. wineries, (as regulated elsewhere in the Zoning Code) _ . . The Zoning Code provides guidelines or parameters within which the Zoning Board of Appeals may grant the Special Exceptions only for accessory apartments and for bed and breakfast establishments. No guidance is provlded to the Zoning Board for the institution of multiple dwe~lings, townhouses or row-houses, and wineries. The Zoning Code: Historical Background: Throughout this report, it is important to remember that while the "A" Residential-Agricultural zoning district always permitted residential and agricultural land uses, the required minimum acreage for a lot in this zone changed through the years. The following list shows how the minimum acreage changed (by the year the amendment was made to the Zoning Code). Year Minimum Acreaqe in "An or uRn zones 1957 1971 1983 1989 12,500 square feet 40,000 square feet 80,000 square feet 80,000 square feet in A-C and R-80 zones (40,000 square feet for areas zoned R-40 only. Other residential zones provide for three, five and ten acre minimum acreages.) As will be seen, the in-depth analysis of each property will show that each parcel originally had been zoned for residential use. Some of the parcels have had more than one zoning designation in their history, mostly because the Town changed its zoning code and map several times since the first Code and Map were adopted in 1957. A brief synopsis of the changes that have been made to specific zoning districts is provided in Appendix B. The Impact of Public Water and Sewer Services on Densitv ~: The minimum required lot area within the HD district is 20,000 square feet per one-family detached dwelling. Suffolk County's Health Regulations require the provision of public water where lots are smaller than 40,000 square feet in area. However, where both Community (Public) water and Sewer services are available, and a Special Exception is granted, the density may be increased to one unit for every 10,000 square feet. Thus, the development potential of a parcel zoned HD is inextricably tied to the availability of public water: and for the higher densities, the availability of sewer. In other words, for the HD zoned property to be developed in accordance with the -, . . intent of the Code, it requires access to public water and, sometimes, sewers. Number and Location of Properties Zoned Hamlet Density: There are thirteen properties in mainland Southold Town that are zoned Hamlet Density (HD), only five of which are developed. Three are located in Greenport: one is the Driftwood Cove Apartment Complex, another is the Seven-Eleven store, and the third is a large historic house adjacent to Srecknock Hall. The fourth is the Founders Village Condominium complex in Southold. The fifth is a large house in Orient on the north side of SR 25, about 87 feet west of Young's Avenue. On Fishers Island, there are fifteen developed properties that are zoned HO. All these parcels, save one, are located within the boundaries of the abandoned Army base; and appear to have been developed either as base offices or officer's quarters. Of the eight vacant ~D-zoned parcels, seven are located around Greenport Village, which for a long time was the only source of both public water and sewer services within the Town. There appears now to be some limitation on the Village of Greenport's ability to be the focus of all HD zoning given the current demand on its already strained water and sewer facilities. CUtchogue has the only other vacant HO-zoned property. The remaining hamlets in Southold Town have no vacant HD-zoned properties. . . ANALYSIS OF HAMLET DENSITY PROPERTIES: PARCEL BY PARCEL Only those properties zoned Hamlet Density that were vacant as of January 1994, were selected for review. The individu- al parcels are listed below in the order they were rezoned starting with the first, in 1958. This is also the order in which they will be reviewed. Throughout the remainder of this report, the parcels will be referred to by the identi- fying Parcel and Tax Map numbers (SCTM#) noted here. SCTM# Hamlet Location Acreaqe #1 040-3-1 Greenport, unin. 17 .1 #2 040-4-1 Greenport, unin. 10.55 #3 045-1-2.1 Greenport, unin. 3.5 #4 035-1-25 Greenport, unin. 132.08 #5 045-2-10.3 Greenport, unin. 20.07 #5 102-1-33.3 Cutchogue 45.15 #7 045-2-1 Greenport, unin. 1.2 #8 035-1-24 Greenport, unin. 52.3 The format used in the analysis of each parcel is: PARCEL # and TAX MAP NUMBER SITE DATA: Location: Acreage: Zoning History:' Ownership History:" NOTABLE PHYSICAL FEATURES AND LIMITATIONS: SURROUNDING LAND USES AND ZONING: STATUS OF DEVELOPMENT: APPROVALS AND INFRASTRUCTURE: PUBLIC POLICY: RECOMMENDATION: One or more maps showing the subject parcel may accompany the written text: they will be found at the end of the analysis of that parcel. . Zoning History was culled from the Town Clerk's Change of Zone files. Ownership History was traced from Property Cards in the office of the Town Tax Assessor. .. . . PARCEL .1 - SCTM # 40-3-1 SITE DATA: Location: South Side County Route 48, more ~han 1000' east of Chapel Lane, Greenport Acreage: 17.1 acres Zoning History Year Rezoned: 6.13.58. The original petition was to change the zone from "A" Residental and Agricultural to HB" Business. Between Januarj and May of 1958, the applicant changed his request to "M" Multiple Residence, which was subsequently granted. The file does not indicate why the property owner asked for the change of zone, nor why the Town Board granted the request. Ownership History / Year ACQUired / Miscellany *3:ace Realty Co 3-10-82 Transfer sub- j ec t to $184,000 mort- gage Kontakosta 3-10-82 Sanzone (Smieh Est) ? Brereton ?-?-79 1/4 interest (which was sold to Sanzone in 1982 for $35,000.) H. Smith & Ano Sledjecki 7-?-54 ?-7-49 or earlier** . Kontokosta is a principal in KACE Realty .. Property cards only note ownership as of 1949 when the records were started. NOTABLE PHYSICAL FEATU~S AND LIMITATIONS: There is little environmental informacion in the site plan file. A review of the aerial photograph reveals this to be a heavily wooded parcel which appears to drain in a southerly direction. The topography drops off to the south f~om 35 feet above sea-level near County Route 48. :0 about 10 feet at its southernmose point. The proper~y ~ay have freshwater wooded wet- lands on or wi:j:~ ~:ose 9roximity. . . SURROUND::;::; LAND USES AND ZONING: The ~,operty IS currently bounded on the north by CR 48; c~e wes( and south borders by land owned and zoned by the Village of Greenport as PO or Parkland, and :he east border by land zoned R-80. North of CR 48, lies an R-80 district, which contains residential waterfront homes. Within 500 feet of the perimeter of this parcel (but not contiguous) there are properties zoned RR and HD. The ~~ properties to the northwest, diagonally across CR 48, contain motel and resort condominium uses, along with one residential use and an unfinished mo- tel. San Simeon Nursing Home, which is zoned HD, is about 800 feet to the west. The remainder of the HD property to the west is mostly undeveloped, and is one of the parcels under review (Parcel n7). The KOA Kampground lies due east at a distance of about 500 feet. STATUS OF JEVELOPMENT: APPROVALS AND INFRASTRUCTURE: On J~cy 11, 1983, the Planning Board granted site plan apprcval to construct 108 dwelling units in 27 build- ings. The property owner has yet to obtain governmen- tal ~pprovals for water, sewer and curb cuts. No build~ng permits are known to have been issued. PUBLIC POLICY: Althcugh the subject parcel is adjacent to land owned by the Incorporated Village of Greenport, it. lies 4,500 feet or more ( one mile equals 5,280 feet) from the developed portions of the Village, and is even further from the business center. It is surrounded by vacant woodland, which is zoned PO or Park District. The Village changed the zone of the surrounding woodland from R-1 (Residential) to PO in 1987, in response to directives from the State of New York's Department of Environmental Conservation. The PO district is defined as follows: "An area reserved for recreational and firematic use by the citizens of the Village of Greenport as regulated by the Park Local Law, and in which Village utilities and other public uses may be maintained and expanded.1I The c:1ly :\ ::01 uses permitted within this discrict are: Nature trails Sports playing fields "...,~~.i~;(~,'" . r I . 3) Firematic events 4) utility facilities including necessary appurtances but not limited to: a) water towers b) sewage treatment plants c) electrical plants 5) Municipally operated camp sites 6) Municipally operated trailer park 7) watershed maintenance Much of the PD zoned land is environmentally sensitive, freshwater wooded wetland. Given the restrictive nature of the Parkland District, it seems inconsistent for the Town to concentrate its highest density residential use on the subject parcel. Further, this parcel is not within walking distance of the Village hamlet, and the necessary utilities do not seem to be assured at this time. For these reasons, intense development of the site does not seem to meet with the Goals and Policy Objectives of the Comprehen- sive or Master Plan. RECOMMENDATION: The site could be developed in a manner not requiring multiple density uses. Rezoning to a lower density is reconunended. . :~1~;,.y~L.j,. . . ',,'. /~.,:'~.'~r''''~X\':',i'''':-.ri'f'>."",~;, {'.,:;c,.:,~-, 1'\ '\~~~!5':? w(\/( \~~:J \, ", ,', .' \. ~ \ " ,'/ ,,' -~" '~, ." , "-.",,, ,,/' \ \ z'1?': 0, 'I' - <, ...~ .'\' ~ ~ 't :, "'" ~ - ....... 0 \ "- ' '),- ,,-- "'" '., /\ ~,.", '-".:\, ~".. t'.~ "< ::e -\ 0 '" \ v '- ~ ~,~1<r,\\~ \ ~:-.." ,-r..~~ 0.>:: ,\:\';,. 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Town of South old Long Environmental Assessment Form for Greenport lA Proposed Change of Zone on Town Board's Own Motion HD to R80 North Road & Chapel Lane Greenport Project Sponsor: Town Board ofthe Town of South old South old Town Hall 53095 Main Road, Southold, New York I] 971 Contact Person: Elizabeth A. Neville, Town Clerk Southold Town Hall 53095 Main Road, Southold, New York 11971 (516) 765-1801 Project Description: The action is the proposed rezoning of approximately 18.75 acres ofland in the Town of Southold. The existing zoning is HD and the proposed zoning is R80. The action has frontage along North Road & Chapel Lane, in the hamlet of Greenport. Specific Suffolk County Tax Map Numbers (SCTM#) can be found on the next page of this EAF. The action is a change of zone on the Town Board's own motion based on the County Route 48 Land Use Study, the Generic Environmental Impact Statement and the Findings related to that study. Greenport IA - EAF I ~ " .Ii , i ~ I , ~ ~ i . . Property Owners: SCTM#, 040-3-1 045-2-1 . Owner's name and address. Kace Realty Co" 43 West 54th St., New York, NY, 10019 LL,6 5; '" 1'1'1'\ John Siolas & Catherine Tsounis, 190 Central Drive, Mattituck, NY, 11952 A. Site Description Physical setting of overall project. both developed and undevc10ped areas. I. Present land use: DUrban o Forest 2, 3, 6, " 7, 8, 9, 10 D Industrial D Agrictilture o Commercial o Rural (non-fann) 18.75 acres Total acreage of project area: APPROXIMATE ACREAGE: Meadow or Brushland (Non-Agricultural) Forested Agricultural (Includes orchards, cropland.. pasture. etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Landscaping and/or Residential Roads, buildings and other paved surfaces/Urban Other (indicate type) D Residential (suburban) ~ Other Vacant PRESENTLY AFTER COMPLETION 11.27 acres 11.27 acres 7.48 acres 7.48 acres What is predominant soil type(s) on project site? Canadice Silt Loam and Montauk Fine Sandy Loam [3-8% slopes] a. Soil drainage: 22.02% Poorly Drained (Canadice Silt Loam) & 77.98% Moderately Drained (Montauk Fine Sandy Loam [3-8% slopes)). 4, Are there bedrock outcroppings on project site? 3. What is depth to bedrock? 5, A"~"Tl.'",::~ ,mj.' w~::':'~ 15% or greater % NO NA Is project substantial1y contiguous to, or contain a building, site or district, listed on the State or the National Registers ofJ-listoric Places? NO Is project substantially contiguous to a site listed on the Register of National Natural Landmarks'! NO What is the depth of the water table? 20' - 40' Is site located over a primary, principal, or sole source aquifer? Source? SCDHS 1998 Groundwater Maps and USGS Quadangle sheets YES Do hunting, fishing Of shell tlshing opportunities presently exist in the project area? NO Greenport I A - EAF 2 I I i I ~ I , ~ ! i . i '.J . . 11. Does project site contain any species of plant or animal that is identified as threatened or endangered? NO According to: Cramer Consulting Group and Town of Southold Planning Staff. Identity each species: 12. Are there any unique natural land fonns on the project site? (Le. cliffs, dunes, other geological fonnations) NO Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? NO Jfyes, explain: 14. Does the prescnt site include scenic views know to be important to the community? NO However general character ofthe area has been identified as scenic. 15. Streams within or contiguous to project area: a Name of Stream and name of River to which it is tributary: NO 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name: Moore's Woods (Wetlands) YES +/- 192 acres Size (In acres) b. 17. Is the site served by existing public utilities? a) If Yes, does sufficient capacity exist to allow connection? b) IfVes, will improvements be necessary to allow connection? YES YES NO 18 ls the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? NO 19 Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? NO 20. Has the site ever been used for the disposal of solid or hazardous wastes? NO B. 1. Project Description: Physical dimensions and scale of project Note: As the proposed action is for a change of zone on the Town of South old Town Board's own motion there is no physical alteration of any property. Therefore these questions are not applicable in this section. More relevant information can be found in Section C of this EAF. Also please refer to the Generic Environmental Impact Statement and Findings Statement for the County Route 48 Corridor Land Use Study prepared by the Town of South old). a. Total contiguous acreage owned or controlled by project sponsor: NA b. Project acreage to be developed; initially: NA Ultimately: NA c. Project acreage to remain undeveloped: NA d. Length of project, in miles (if appropriate): NA c. I[the project is an expansion, indicate percent of expansion proposed: NA f. Number ofofT-slreet parking spaces; Existing: NA Proposed: NA g. Maximum vehicular trips generated per hour (upon completion of project)? NA h. Ifresidential: Number and type of housing units: NA Greenport 1 A - EAF 3 I , ! I ~ I I I ~ i 2. 3. 4. 5. 6. 7. . . One Family Two Family Multiple Family Condominium i. initially Ultimately Dimensions (in feet) of largest proposed structure? Height: Width: Linear feet of frontage along a public thoroughfare project will occupy is? 914' j Length: How much natural material (i.e., rock, earth, etc.) will he removed from the site? Will disturbed areas be reclaimed? a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? c. Will upper subs oil be stockpiled for reclamation? How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Will any mature forest (over 100 years old) or other locally important vegetation be removed by this project? NA If single phase project; Anticipated period of construction in months, (including demolition). NA If multi-phased; a. Total number of phases anticipated (number): NA b. Anticipated date of commencement phase, (including demolition). Month: Year: c. Approximate completion date of final phase Month: Year: d Is phase I functionally dependent on subsequent phases? Y es: ~ [;] 8. Will blasting occur during construction? 9. Number of lobs generated; during construction: NA j After project is complete: 10. Number of jobs eliminated by this project II. Will project require relocation of any projects or facilities? 12. Is surface liquid waste disposal involved? a. If yes, indicate type of waste (sewage, industrial, etc.) and amount: b. Name of water body into which effluent will be discharged: NO NA NA NA NA NA NA NO NA NA NO 13. NO Is subsurface liquid waste disposal involved? a. lfyes, indicate type of waste (sewage, industrial, etc.) and amount: b. If yes, indicate method of disposal: 14. Will surface area of an existing water body increase or decrease by proposal? Explain: 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? a. If yes, what is the amount per month (in tons): b. If yes. will an existing solid waste facility be used? c. If yes, give name: d. Will any wastes not go into a scv.'sgc disposal system or into a sanitary landfill? e. If Yes, explain: Grcenport 1 A - EAF NO NO NO NO 4 ! I i ! ~ f ! I ! ~ ~ i - ~ . . 17. Will the project involve the disposal of solid wa<;te? NO a. lfyes, what is the anticipated rate of disposal (tons/month)? b. Jfyes, what is the anticipated site life? 18. Will project use herbicides or pesticides? NO 19. Will project routinely produce odors (more than one hour per day)? NO 20. Will project produce operating noise exceeding the local ambient noise NO 21. Will project result in an increase in energy use NO If yes ,indicate type(s): 22. If water supply is from wells, indicate pumping capacity (gallons/minute): NA 23. Total anticipated water usage per day (gallons/day): 24. Does project involve Local, State or Federal funding? NO Yes, explain: 25. Approvals Required.' City, Town, Village Board Yes X No City, Town, Village Planning Board Yes No City, Town Zoning Board Yes No City, County Health Department Yes No Other Local Agencies Yes No Other Regional Agencies Yes No State Agencies Yes No Federal Agencies Yes No Submittal Tvne Date Change of Zone X X X X X X X C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? If Yes, indicate decision required? YES ~ zoning amendment n zoning variance site plan D new/revision of master plan o special use permit D resource management plan 8 subdivision other 2. What is the zoning classification(s) of the site? HD Greenport 1 A - EAF 5 I ~ ~ , ~ i . ~ t ~ ~ , ~ ~ Ii 4:~ '" . . 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 81 multiwfamily units. Estimate does not figure roads, drainage, parking, etc. Computation is based on a straight arithmetic computation based on percent of lot coverage as allowed in the code. Actual yield under a detailed site plan may be less. Estimate represents maximum potential yield. This estimate does include any wetland area that is found on site, actual development would exclude that area. 4. What is the proposed zoning of the site? R80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? II single family units. Estimate does not figure roads, drainage, parking, etc. Computation is based on a straight arithmetic computation based on percent of lot coverage as allowed in the code. Actual yield under a detailed site plan may be less. Estimate represents maximum potential yield. This estimate does include any wetland area that is found on site, actual development would exclude that area. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? YES 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Land uses include: single-family residence, motel, nursing home, attached homes, parkland (Greenport) vacant. Zoning includes R80, HD, RR, Park District (Green port). 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? YES 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? NA 10. Will proposed action require any authorization(s) for the fonnation of sewer or water districts? NO 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? NO 3. If yes, is existing capacity sufficient to handle projected demand? NA 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic? NO D, Informational Details Please refer to the Generic Environmental Impact Statement and Findings Statement for the County Route 48 Corridor Land Use Study prepared by the Town of Southold). E. Verification 1 certify that the infonnation provided above is true to the best of my knowledge. Name of Pre parer: Cramer Consulting Group Date: Signature: Title: Consultants to the Town Board I certify that the infonnation provided above is true to the best of my knowledge. Applicant/Sponsor Name: Date: Signature: Title: Greenport 1 A - EAF 6 J.... .\. . : _~.f """'\'. .1 t'-8 vS LAURY L. DOWD Town Attorney Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765.1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMO TO: FROM: TOWN BOARD TOWN ATTORNEy~J RE: J EM REALTY V. TOWN KACE REALTY V. TOWN DATE: September 8, 1994 The court has ruled on the two lawsuits filed re the environmental review of the proposed HD rezonings. They have ruled in favor of the Town, dismissing the cases. This action was taken because the lawsuits were filed before the Town Board acted on the rezonings, and the court felt that the cases were premature. However, the court dismissed the cases without prejudice. I believe we can anticipate the suit by Jem will be refiled against the Town sometime soon. Since the Kace property was not rezoned, that case will not be refiled. Let me know if you'd like a copy of the decisions. cc: Town Clerk Planning Board 00 rn@mo\Vl~[! I" SOUTHOLD TOV;;-'" PLANNING SO;:'[' - . . . SuBF ';S JUDITHT. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephnne (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION (D;i--"[~lc;~-'T'ij r~' , J) I ----~.. Utll, '," If 1"1'-' Ul 15 'II" to lw SOUTflOW'lOWil PLANNING BOARD Notice of Determination of Non-SigpifiNln"" Determination of Si~iEi"Anl"fl! Leod Agency: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 July 12, 1994 Address: Date: 1bis notice is issued pursuant to Part 617, of the implementing re2ulations pertaining to Article 8 (State Environmental Quality Review) of the Environmentaf 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 TItle of Action: Change of Zone on Town Board's Own Motion SCfM# 1000-40-3-1 . s/s CR 48;more than 1000' e/o Chapel Lane, Greenport Type I Action The project which is the subject of this Determination, involves a the change of zone of 17.1 acres from "Hamlet Density" to "Residence-8O". The project site contains freshwater wetlands associated With Moore's Woods (NYSDEC Freshwater Water Wetlands #SO-I). The proposed ptoject is one of six (6) ch~e of zones being considered by the Town Board at this time in the same geographic area. ' 1000-40-3-1 SEQR Status; Projed Description: SCfM Number: Location: The site consists of 17.1 acres and is located on the south side of CR 48, more than 1000' east of Chapel Lane in ~ . . Comments: 'HI)" CIumge 01 ZoDe SEQR Determination the unincorporated portion of Greenport. TheToWD Board is reviewing this project simultaneously with the following applications: PropoSed COZ OIl Town Board's Own Motion SCfM# 1000-40-4-1 s/s CR 48, 400 feet w/o Moore's Lane, Greenport Proposed COZ on Town Board's Own Motion SCfM# 1000-35-1-25 n/s CR 48, 1,139 feet elo Sound Road, Greenport Proposed COZ on Town Board's Own Motion SCfM# 1000-45-2-105 e/s Chapel Lane, Greenport Proposed COZ on Town Board's Own Motion SCfM# 1000-45-2-1 s/s CR 48, 805 feet elo Chapel Lane, Greenport Proposed COZ on Town Board's Own Motion SCfM# 1000-35-1-24 n/s CR 48, 564 feet elo Sound Road, Greenport 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 IT, and the following specific reasons: (1) The subject change of zoning does not exceed any of the criteria for determining oigJ>i/;<'ance of an action that wouId warrant the preparation of a Draft EIS. Conversely, the action will m;n;m;7" potential environmentaI impacts thereby proWling support for issuance of a Negative Declaration. (2) The propoSed project will reduce the pnt_tl.1 development deDsity on the subject site. As a rcsuIt, deDsity deriwd impacts includiug: waW use; sanitary waste volume; disturbaJM:e of Iand; traffic generatioD; and soIid waste generation will also be red'lced Accordingly, the subject change of zoning is ~ to reduce the impact of site c1ewIIopmeut with regard to these impact areas, as COIllpared to curreDt zoning. (3) The proposed zoning is <'nn.;dent with land use and zoning of surroundiDg Iands, and will therefore not cause a oigJ>;fi~"nt impact. As a result, the proposed change of zoning will have a ""neficial impact upon land use in the area of the site. (4) Conpderation has been given to the review of the proposed zone change conducted by a consultant to the Town Board, which concludes the following with regard to the site in consideration of unique site resources: "These findings suggest that any development OIl this site will have environmentaI impacts. Our initial impression is that J"e7""ing to "R-8O" resid_tl.1 will provide a .;gpifitant inaeased measure of protection for the environment than the "lID' zoning now provides. Page 2 013 I . . 'UO' CIumge ofZoae SEQR DetermInation (5) eon,;deralioD has been given to a pIAnn;"1l docllmelll prepared by the SOlllhold pIAnn;"g Staff enntIPd, "Review of HmnJet Densily Zoning in SouIhbId Town - Repott to the Town Board" dated February 1994. This report c:oocInd".. the followiDg with regard to the site in oonlPderaiton of unique site resources: "This ]N11Ul could be developed in IJ numnerllOt requiring multiple density uses. Rezoning to IJ 10wer density is 1fICOIIIIIIeIId " The subject site N\IItA;n. unique resources, and is occupied by freshwater wet1ands over approximately 40 percent of the 17.1 acre site. The proposed change of zoning will m;n;m;7p. impact upon wet1ands resources by reducing the polentialland use density adjacent this habitat. In atl.j;tioq. the Jower potential land use density will provide more IlexibIe land use options to mA..;m;7P. setbA~),' and ensure preservation of unique habitat areas. For Further Information: (6) Contact Person: Judith Terry, Town Clerk Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1800 Phone No.: Copies oHhis Notice Sent to: Commi"Sioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Suffolk County Planning Commk~ion Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Long Island Southold Town Planning Boardv'" Southold Town Board of Appeals Southold Town Building Department Village of Greenport Southold Town Clerk's Bulletin Board Kace Realty Co.. 113 West 511 Street. New York. N.Y. 10019 .... 3 of3 . . Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Marl< S. McDonald Kenneth L. Edwards c:j^'~"'U-"'-~'>~_ ,':r'/~','r-(:rl /" --~-\. ,&i;;> ~v~ ~~~:\, ',:',,' ? rff!l,,~,:::: \\ .~. ~~:):\" ,-:.:," ,j ~ ".J -, '-'.'/ ~ <\J :..... . .-:,... ,.) < ,y;) .,--'-',. .', ,.~? c" -':.'. ~>>') )',~~~' ,-':~~,~~/ ,,,. -/ ".",->./ '~.... '_ " ,1/ ,~<. ~ 1, - ---:~?Z2rr:.U'--- Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Vorl< 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD MEMBERS ,June 27, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Terry, Town Clerk Judith T. Town Hall Southold, NY 11971 uear Mrs. Terry: ~e: Change of Zone on Town Board's Own Motion: SCTM # 1000-40-4-1 - J. Geier SCTM # 1000-35-1-25 - LBV Properties SCTM # 1000-45-2-10.3 - Richard Mohring (a.k.a. San Simeon Retirement Community Inc.) SCTM # 1000-45-2-1 - Siolas & Tsunis SCTM # 1000-35-1-24 - Jem Realty SCTM # 1000-40-3-1 - KACE Realty At its June 24th meeting, the Planning Board adopted the following report: The Planning Board endorses the townspeople's vision for their Town, which calls for individually distinct or discrete hamlets separated from each other by open or farmed countryside, and which calls for the equitable distribution of affordable housing density throughout the Town. The Planning Board also recognizes that achieving this vision will require the careful consideration of the land use within and adjacent to its hamlet centers; that the Town's Zoning Map should reflect the intent of the community's vision; and tbat the Town must weigh the community's interest in its collective future against the private interest of individual property owners in the use of their land. The Planning Board recognizes that the proposed rezoning of these properties will not deny these property owners the right or capacity to develop their land; that the proposed zone of R-80 is the base zoning of the Town and is by no means the most restrictive zoning categorization in Southold. The Planning Board endorses the report: "Review of Hamlet Density Zoning in Southold Town: Report to the Town Board", and its recommendation that the zones of these six properties be Changed from Hamlet Density to a lower density such as R-80. ~'.~ Richard G~ard Chairman . 7 . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDSMANAGEMENTOFnCER FREEDOM OF INFORMATION OFFICER r~-f~ uQ .l:N ['u \q L~ -r~i':; ijlf\; !il!' 8 .!I JIi 1 l!-J; I I , . SOUTHOLD TOWN -l J' PLANNING BOARD OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Significance Lead Agency: Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 31, 1994 Address: Date: This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Enviromnental Quality Review) of the Enviromnentaf Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the enviromnent and that a Draft Enviromnental Impact Statement need not be prepared. TItle or Action: Change of Zone on Town Board's Own Motion SCTM# 1000-40-3-1 sls CR 48, more than 1000' elo Chapel Lane, Greenport Unlisted Action SEQR Status: Project Description: The project which is the subject of this Determination, involves a the change of zone of 17.1 acres from "Hamlet Density" to "Residence-80". The project site contains freshwater wetlands associated WIth Moore's Woods Page 1 or3 . . SCTM Number: 'RD' Change or Zone SEQR DetermiDatioa (NYSDEC Freshwater Water Wetlands #S0-1). The proposed project is one of six (6) change of zones being considered by the Town Board at this time in the same geographic area. 100040-3-1 Location: The site consists of 17.1 acres and is located on the south side of CR 48, more than 1000' east of Chapel Lane in the unincorporated portion of Greenport. The Town Board is reviewing this project simultaneously with the following applications: . Comments: Proposed COZ on Town Board's Own Motion SCTM# 1()()()..4()..4-1 sls CR 48, 400 feet wlo MOO1'e's Lane, Greenport Proposed COZ on Town Board's Own Motion SCTM# 1000-35-1-25 nls CR 48, 1,139 feet elo Sound Road, Greenport Proposed COZ on Town Board's Own Motion SCTM# 1000-45-2-10.3 els Chapel Lane, Greenport Proposed COZ on Town Board's Own Motion SCTM# 1000-45-2-1 sls CR 48, 805 feet elo Chapel Lane, Greenport Proposed COZ on Town Board's Own Motion SCTM# 1000-35-1-2A nls CR 48, 564 feet elo Sound Road, Greenport 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 n. and the following specific reasons: (1) The subject change of zoning does not exceed any of the aiteria for determining significance of an action that would warrant the preparation of a Draft EIS. Conversely, the action will m;nlmi7p' potential environmental impacts thereby providing support for issuance of a Negative Declaration. (2) The proposed project will reduce the potential development density on the subject site. As a result, density derived impacts including: water use; sanitary waste volume; disturbance of land; traffic generation; and solid waste generation will also be reduced. Accordingly, the subject change of zoning is expected to reduce the impact of site development with regard to these impact areas, as compared to current zoning. Page 2 or3 ." . . 'HD" Change or Zone SEQR Determluatlon (3) The proposed zoning is coasistent with !aDd use and zoning of surrounding lands, and will therefore DOt cause a sigoificant impact As a result, the proposed change of zoning will have a beneficial impact upon !aDd use in the area of the site. (4) Consideration bas been given to the raiew of the proposed zone change conducted by a consultaat to the Town Board, which concludes the following with regard to the site in consi4eratioa of 1IIIique site resourc:es: 'These findings suggest that any development on this site will have environmental impacts. Our initial impression is that rezoning to 'R-8O" rI'-"itlential will provide a oigPifirant increased measure of protection for the environment than the "HI)' zoning BOW provides. (5) Q>nsideratioa bas been given to a p1aaaiag cWrnmp.n( prepared by the Southold P1aaaiag Staff eatitled, "Review of Hamlet Density Zoning in Southold To.... - Repolt to the To.... Board" dated February 1994. This report concludes the following with regard to the site in coasideraiton of 1IIIique site resourc:es: "Thi.r pan:eJ could be developed in (I nuI1I1IeT not requiring muJliple density uses. Rezoning to (I lower density is TeCOI7II>U1Ided " (6) The subject site contains unique resources, and is occupied by freshwater wetlaDds over apprc"rimate1y 40 percent of the 17.1 acre site. The proposed change of zoning will minimi7p' impact upon wetlands resources by reducing the potential land use density adjacent this habitat. In addition, the lower potential !aDd use density will provide more flexible !aDd use options to ma.,.;mi7" setbacks and ensure preservation of unique habitat areas. For Further Information: Contact Person: Judith Terry, Town Clerk Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1800 Phone No.: Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12231 Regional Office-New York State the Department of Environmental Conservation, SUNY @ Stony Brook, Stony Brook, NY Suffolk County Planning Commission Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Long Island Southold Town Planning BoardV' Southold Town Board of Appeals Southold Town Building Department Village of Greenport Southold Town Clerk's Bulletin Board Kace Realty Co., 43 West 54 Street, New York, N. Y. 10019 Page 3 0(3 . . SUe;F /?6 Y5 JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 20, 1994 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith map of of a proposed change of zone on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District on the property of Kace Realty Co., located on the south side of Route 48, 1000 feet east of Chapel Lane, Greenport, N. Y. Please prepare an official report with respect to the proposed change of zone, and transmit same to me. Thank you. Very truly yours, ~~ Judith T. Terry Southold Town Clerk Attachment iroJ ~ @ ~ D W ~ tn)1 1JO I4AY 2 4. @/ I PlASOUTHOtD TOWN NNING 80ARO . . GORDON, GORDON & TEPPER, P.C. 3 PARK AVENUE 28TH FLOOR, NEW YORK. NEW YORK 10016 SUf!>F". ~~ /Is l.l)t!W'1> (212) 725-3700 TELECOPIER (212) 481-5471 MURRAY A. GORDON (1944-198!5J CABLE ADDRESS "MURAGOR NEW YORK" KENNETH E. GORDON ARTHUR L. TEPPER" ARAGAW MEHARI COUNSEL KATARlNA I. PREDIC TERI L. SHULMAN"" STEVEN J. SALTfEL...... AO""TTED IN NY &: Fl.' AOI.UTTED IN NY 8< CT'" ADMITTED IN NY 8t; NJ'" January 21, 1994 Mr. Thomas Wickham Town Supervisor Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Kace Realtv Co. Dear Mr. Wickham: Our firm represents Kace Realty Co. in connection with their federal court litigation against the Village of Greenport. At issue in this litigation is the constitutionality of the Village's denial of water and sewer services for the development of a 17- acre tract of land located on the North Road east of Chapel Lane within the Town of Southold. Our client has learned that the current Mayor of the Village, Hon. Stephen Clarke, has met with some of the newly elected members of the Southold government in an effort to encourage the Town to overturn the HD zoning which now governs the 17-acre tract. We find it troubling that the Town would reconsider the zoning applicable to a parcel for which it approved a site plan in 1983. But more disturbing is the timing of such action, and the possibility that the Village and the Mayor may have encouraged it in an effort to effect the litigation and prevent our clients from pursuing their constitutional rights. It would obviously be inappropriate, and illegal, for the Town to participate in such an effort by the Village. To eliminate any further violation of our clients' rights, we respectfully request that the Town forego any action at this time regarding the zoning of this parcel. Very truly yours, SJS/rv GORDON, GORDON & TEPPER, P.C. p-/ /C. )j:;..,J ,/ I" ,,;{,1", Steven J. Saltiel ee: Planning Board, Town of Southold . . ':::,0~, ~ 'Js, JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMElIIT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 11, 1994 00 ~ ;R ~ ;w~ rn $OUTHOIJl TOWN ;.;"'.' I'lNIHING BOARD Lead Agency Coordination Request The purpose of this request is Environmental Quality Review Act-SEQRA) and 6NYCRR Part 617 the following: to determine under Article 8 (State of the Environmental Conservation Law 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed you will find the Southold Town Board's findings and a completed Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: Kace Realty Co., 43 West 54 Street, New York, N.Y. 10019, SCTM #1000-40-3-1, property located on the south side of Route 48, 1000 feet east of Chapel Lane, Greenport, N. Y., containing 17.1 acres. Requested Action: Change of Zone on. the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District. SEQRA Classification: Type I Contact Person: Judith T. Terry, Town Clerk, Town of Southold The lead agency will determine the need for a environmental impact statement (EIS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. . . Page 2 Agency Position: 1 This agency has no objection to your agency assuming lead agency status for this action. [Xl This agency wishes to assume lead agency status for this action. [ 1 Other. (See comments below) Comments: Please feel free to contact this office for further information. Very truly yours, ~~ Judith T. Terry Southold Town Clerk Enclosures Copies of this request and all attachments to the following: Commis.sioner Langdon Marsh, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook NYS Legislative Commission on Water Resource Needs of Long Island Suffolk County Department of Planning Suffolk County Department of Health Services Southold Town Planning Board v Southold Town Board of Appeals Southold Town Building Department Southold Town Clerk's Bulletin Board (without attachments) Kace Realty Co., 43 West S4 Street, New York, N. Y. 10019 Village of Greenport . . JUDITH T. TERRY TOWN CLERK Town Hall. 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER_ RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 5, 1994: OWNER PARCEL 1/ 1000-40-3-1 PROPERTY LOCATION KACE REAL TV, CO. 43 West 54 Street New York, NY 10019 South Side Route 48 1000 ft. East of Chapel Lane Greenport, NY 11944 WHEREAS, the Master Plan of the Town of Southold and the recommendations of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold" dated February. 1994 which assessed the appropriateness of the zoning of all undeveloped HD zoned properties in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold concludes that HD zoning of this property is not appropriate for the following reasons: 1. The property has not had development activity pursuant to the HD zoning, or its predecessor zoning, since it was so zoned in 1958; 2. The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport and encourages suburban sprawl; 3. The HD (quarter acre) zoning is not consistent with that of the surrounding land uses, which consist of environmentally sensitive parkland to the west and south, and. R-80 (two acre) zoning to the east and north; and . . BE IT FURTHER RESOLVED, that finds that rezoning this property following reasons: the Town Board of the Town of Southold from HD to R-80 is appropriate for the 1. R-80 is the base zoning of the Town because it retains the open rural environment so highly valued by year-round residents and by those people who support the Town's economy; 2. R-80 zoning is most consistent with the zoning on immediately adjacent properties; 3. Over forty percent (110%) of the site can be considered freshwater wetlands so that rezoning to R-80 will provide a significantly increased measure of protection for the environment than the HD zoning now provides. ~-/! ~~ te.,~.~~ Judith T. Terry Southold Town eler April 6, 19911 "/ H-1&-2 (2161)-7c . . &17.21 \ Appendix A Stata Envlronmantal auallly Ravlaw .FULL ENVIRONMENTAL ASSESSMENT FORM SEaR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner. whether a project or action may be significant. The question'of whether an action may be significant is not always easy to answer. Frequent- ly. there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environmenror may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions Identify the Portions of EM completed for this project: C Part 1 Part 2 oPart 3 Upon review of the information recorded on this EAF (Pans 1 and 2 and 3 if appropriate), and any other supporting information. and considering both the magitude and importance of each impact. it is reasonably determined by the lead agency that: A. The project will not result in any large and important impactlsJ and. therefore. is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' C. The project may result in one or more large and important impacts that may have a significant impact on the environment. therefore .1 positive declara.tion will be prep~red. . A Conditioned Negative Declaration IS only valid ror Unlisted Actions Change of Zone for SCTM# 1000-40-3-1 Name of Action Town of Southo1d Town Board Name of Lead Agency Print or Type Name of Responsible Officer In Lead Agency Title of Responsible Officer Signature of ResponSible Officer In Lead Agency 'Signatur<' of Prepare'.ll! different from responsible officer) . . PART 1-PROJECT INFORMATION \ Prepued by Project Sponsor NOTICE: This document is desianed to imist in determinina whether the .ction proposed may ha'..: . sianificant effect on the environment. Please complete the entire form, P aru A throuah E. Answers to these questions will be conside~' as part of the application for .pproval and may be subject to further verification .00 public review. Provide any addition.. information you believe will be needed to complete Paru 2 and 3. It is expected that completion of the full EAF will be dependent. on information currently available and will not invol~ new studies, research or investiaation. If information requiring such additional work is unavailab~, so indicate and specify each instance. . NAME OF ACTION ; Change of zone for SCTM# 1000-40-3-1 ! LOCA liON OF ACTION (IneluOe SUM I Address. Municipality and County) J slo CR 48, 1000 + feet elo Chapel Lane , NAME OF APPLlCANTISPONSOR I BUSINESS TELEPHONE Town of Southold Town Board (51~ 765-1891 ADDRESS 53095 Main Road CITY/PO I STATE I ZIP CCDE Southold NY 11971 NAME OF OWNER (II dllleren.) I BUSINESS TELEPHONE Kace Realty Co. ( ) ADDRESS 43 West 54th Street CITY/PO I STATE I ZIP CCDE New York NY 10019 DESCRIPTION OF ACTION Change of zone from HD to R-80 of a 17.1 acre parcel located on County Route 48, east of Chapel Lane based on a motion of the Town Board. Please Complete Each Question-Indic.te N.A. if not applic.ble A. Site Description Physical setting of overall project. both developed and undeveloped areas. 1. Present land use: DUrban Clndustrial DCommercial DResidential (suburban) 89 Forest DAgriculture . ClOther Vacant 17 .1 DRural (non-farml 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Nor.,agricultural) Forested Agricultural (Includes orchards. cropland. pasture. etc.) Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) Water Surface Area Unvegetated (Rock. earth or fill) Roads. buildings and other paved surf aces Other (Indicate type) acres 3,'Wh' d' '1 e{) . t 'tIMfB, Ra, PIB, De, RdB and Ca at IS pre ommant SOl typ s on proJec Sl e. a. Soil drainage: DWell drained 50 % of s.ite DPoorly drained 1 n % of. site b. If any agricultural land' is involved. how many acres 01 soil are c1assihed within soil group 1 through 4 of the N' Land Classification System' NA acres (See 1 NYCRR 370) acres. 5.3 4.4 PRESENTl Y acres AFTER COMPLETION 5 . 3 4.4 acres acres acres acres acres 7 4 acres 7.4 acres acres acres acres acres acres acres acres DModerately well drained 20 % of site . L L " -. ......... ,.... --.\ ." v', _ 5. APpro~im~tr prrcrnt~ar of propos.rojrct sitr Wit~ sloprs: ~0-10% . % 010-15% 015% or arutrr % 6. Is projrct subst~nti~lIy contiauous to, or cont~in ~ buildina, sitr, or district. Iistrd on thr St~tr or the . RraiSlrrs of Historic PI~cesl oYrs ')l!iNo (Possible historic resources on site. 7. Is project substantially contiauous to a site Iistrd on thr Rraistrr of National Natur~ll~ndmarksl oYrs 8..WhatisthedepthofthewatertableI17.5-3i\rifeet) Perched water on surface. 9. 15 site locatrd ovrr a primary, principal. or sole source aquiferl J!Yrs DNo 10.. Do hunting, fishing or shell fishing opportunities presently exist in the project arr~1 DYes oNo' 11. Does project site contain any species of plant or animal life that is identified as threatened or endangerrdl DYes CBNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes. other geological formations) oVes tilNo Describe % Nation.al l3lNo 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? oVes ll!JNo If yes. explain 14. Does the present site include scenic views known to be important to the communityl DVes JiZlNo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary NA 16. lakes. ponds, wetland areas within or contiguous to project area: a. Name 80-1 180~ b~ Size (In acres) ~("'rp.c:: 17. Is the site served by existing public utilities? WVes oNo a) If Yes. does sufficient capacity exist to allow connection? b) If Yes. will improvements be necessary to allow connection? Is the site located in an agricultural district certified pursuant Section 303 and 304? oVes '$.No 19. Is the site located in or substantially contIguous to a Critical Environmental Area designated pursuant to Article 8 of the ECl. and 6 NYCRR 617? =Ves ~No DYes ;gNo CVes '$)No for HD Zoning 18. to Agriculture and Markets Law. Article 25-AA. 20. Has the site ever been used for the disposal of solid or hazardous wastesl ::Yes =No unknown B. Project Description Project is proposed rezoning 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or con'trolled by project sponsor 17.1 acres. b. Project acreage to be developed: NA. acres initially; NA c. Project acreage to remain undeveloped 17. 1 acres. NA d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off.street parking spaces existing NA ; proposed NA g. Maximum vehicular trips generated per hour N A (upon completion of project]? h. If residential: Number and type oi housing units: , One Family Two Family NA acres ultimately. NA %; Multiple Family Condominium InitiaOy Ultimately NA I Dimension5 iin feet} of largest proposed structure NA .helght. wIdth. ---+ length . . o tons/cubic yards 2. How much natural material (i.e.. rock. earth. etc.) will be removed from the sitel 3. Will disturbed areas be reclaimedl DVes oNo ~N/A a. If yes. for what intend . purpose is the site being reclaimedl b. Will topsoil be stockpiled for reclamation! DYes oNo c. Will upper subsoil be stockpiled for reclamationl DYes oNo o 4. How many acres of vegetation (trees. shrubs. ground covers) will be removed from sitel acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this projectl DVes ~No Site does contain mature forest/project is change of zone NA 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated NA b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? DYes (XNo 9. Number of jobs generated: during construction N A 10. Number of jobs eliminated by this project NA 11. Will project require relocation of any projects or facilities? months. (including demolition). (number). month month DYes year. (including demolition]. year. DNo ; after project is complete DYes ~No If yes. explain 12. Is surface liquid waste disposal involved? DYes "'No a. If yes. indicate type of waste (sewage. industrial. etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? DYes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? DYes DNo NA E I. Project is Change of zone, no physical change will take place at thi xp am 15. Is project or any portion of project located in a 100 year flood plain? DYes E1No tim. 16. Will the project generate solid waste? DYes ~No a. If yes. what is the amount per month tons b. If yes. will an existing solid waste facility be used? DYes DNo c. If yes. give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill1 e. If Yes. explain DYes DNo 17. Will the project involve the disposal of solid waste1 a. If yes. what is the anticipated rate of disposal? b. If yes. what is the anticipated site life? DYes IKINo tons/month. years. 18. Will project use herbicides or pesticides? DYes ~No 19. Will project routinely produce odors (more than one hour per day)? DYes 6(jNo 20. Will project produce operating noise exceeding the local ambient noise levels? DVes l8INo 21. Will project result in an increase in energy usel It' yes. indicate tvV: , 22. If water supply is from wells. indicate pumping capacity DYes ~No NA gallons/minute. 23. Total anticipated water usage per day N!\ gallons/day. ~4 ()0t'<' ~rO'('ct Involve local 5t~1~{, or F edcr.11 ''.Jnd,n~l ::y(.~ ~NO C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? If Yes. indicate decision required: jiOzoning amendment Dzoning variance Dspecial use permit Qsubdivision Onew/revision of master plan Dresource management plan Dother HD 25. ,.~ppfO't..ls .~uir~ City, Town, Villaie Board City, Town. Villaie Plannini Board City. Town Zonini Board City. County Health Department Other Laca I Agencies Other Regional Aiencies State Agencies Federal Agencies . . Type Submittal o..te !llIVes DNo DVes DNo DVes DNo DVes DNo DVes DNo DVes DNo DVes DNo DVes DNo Change of Zone ~Ves DNa Dsite plan What is the zoning c1assification(s}of the site? 2 3, What is the maximum potential development of the site if developed as permitted by the present zoning? 21units without public sewer system/ or 42, units with public sewer system. R-80 4. What is the proposed zoning of the site? 5, What is the maximum potential development of the site if developed as permitted by the proposed zoning? 5 units 6, Is the proposed action consistent with the recommended uses in adopted local land use plans? (giVes DNo 7 What are the predominant land use{s) and zoning classifications within a ';' mile radius of proposed action? /hotel/RR, Nursing home/HD, UndeveloDPn/Hn ramporound 8 Is the proposed action compatible with adjoininglsurrounding land uses within a ';' mile? 9. If the proposed action is the subdivision of land. how many lots are proposed 1 NA a. What is the minimum lot size proposed? 10, Will proposed action require any authorization(s) for the formation of sewer or water districts? NA DVes DNo 11, Will the proposed action create a demand for any community provided services (recreation, education, police. fire protection)? DVes ~No )lOVes QNo a. If yes. is existing capacity sufficient to handle proJected demand1 ~Yes DNo 12, Will the proposed action result in the generation of traffic signliicantly above present levels? DVes Il!iNo a. If yes. is the existing road network adequate to handle the additional traffic? DVes DNo D. Informational Details Attach any additional information as may be needed to clarify your project If there are or may be any adverse impacts associated with your proposal. please discuss such impacts and the measures which you propose to mitigate or avoid them. E: Verification I certify that the inforlJlation provided above is true to the best of my knowledge. , Applicant/Sponsor Na /~~)}6 ,IV (\' ,.\1~\i'::'t~ ;.'..:', c. lc Date .0, \ ~ \ \ "l't Signature - ~ Title Ch.A~\d'-, \ )0i'-rt1<, -+ A-~'.'C(\'~ ,u( -/~VI (OtJSu\....-TA-UT" IV kPl")L.lc.-~l-..J\ 11 tht' .Jdinn i\ in thl" (o.Ht.l1 .\rt'.l. J.nd 'l('lU Jr(" J. qJf(" .l:>:enn comrIe-It" the Co~~t.~l "~~sm('nl form befor(' proceedinx r' Part 2-,OJECT IMPACTS AND THEUWAGNITUDE l"f)Onslblllty of LeN A,mcy GeM,al Information (Rud Clrefully) \ . In completina the form the reviewer should be luided by the question: Have my responses and .l'!terminltions been rellonablel The reviewer is not expected to be an expert environmental analyst. . Identifyina that an Impact will be potentially IlIle (column 2) does not mean that it is also necessarily tl,nlflcut. Any larae impact must be evaluat.ed in PART 3 to determine sianificance. Identifyina an impact in column 2 simply asks that it be looked at further. . The Examples provided are to assist the reviewer by showina types of impacts and wherever possible the threshold of mqnitude that would triuer a response in column 2. The examples are aenerally applicable throuahout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropri.tte for a Potential Laraelmpact response, thus requirina evaluation in Part 3. . The Impacts of uch project. on uch site, in each locality, will vary. Therefore, the examples are illustrative and have been oHered as auidance. They do not constitute an exhaustive list of impacts and thresholds to an~ each question . The number of examples per question does not indicate the importance of each question. . In identifyina impacts, consider lona 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 answerina Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of thr impact If impact threshold equals or exceeds any example provided, check column 2.11 impact will occur but thresholc is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially larae and proceed to PART 3 e. II a potentially larae impact checked in column 2 Cin be mitiaated by chanae:s) in the project to a small to ~rat' impact. also check the Yes box in column 3. A No response indicates tNt such a reduction Is not possible. Thi ..must be explained in Plrt 3. IMPACT ON LAND 1. Will the proposed action result in I physical chao~ to the proiect si~ ll1lNO DYES Eumples that would ipply to column 2 . Any construction on slopes of 15% or areater, (15 foot rise per 100 foot of lenath), or where the Ileneral slopes in the project area exceed 10%. . Construction on land where the depth to the water table is less than 3 feet . Construction of paved parkinll area for 1,000 or more vehicles. . Construction on land where bedrock is exposed or Ilenerally within 3 feet of existinllaround sun ice. . . Construction that will continue for more than 1 year or involve more than one phase or stage. . Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. . Construction or expansion of a sanitary landfill. . Construction in a designated f100dwav. f AC~10n 15 a Change O. zone, there . Other impacts pill be no physical alteration at this time 2. Will there be an effect t.. _.IV unique or unusual land forms found on t~ sitel (i.r., cliffs. dunes, Ileolollicil fOfTllatioos. rtdti1lNO DYES . S~cific land forms: 1 Small to Moderate - 'lmPaCf 2 Potenllal Large I in pact o o o o [l o o o o o o o o o o o o o o o 3 Can Impact Be MItigated By Pro}ect Change DYes Dyes Dyes DYrs DYes DYes DYes DYes DYes Dyes DNo DNo DNo DNo DNo DNo ONe ONe DNc ON, r. . IMPACT ON WATER 3 Will propos~d action aff~ct any wat~ body d~sianal~ as prot~ct~dl (Und~r Articl~s 15, 24. 25 of the Envlronm~ntal Con~rvation law, ECl) DNO l8IYES Eumplet that would apply to column 2. . D~v~lopabl~ ar~a of sit~ contains. a prot~ct~d wal~r body. . Dredllinll mor~ than 100 cubic yards of mat~rial from chann~1 of a protect~d str~am. . Extension of utility distribution facilities throullh a protected wa~r body. . Construction in a ~sillnated fr~shwa~r or tidal w~tland. .Oth' .. No physical alteration of the site er Impacu: at this time. 1 Small to Moderate Impact o o o o o 04. Will proposed action affect any non-protected ~xistinll or n~w body of waterl DNO ~YES hamplet that would apply to column 2 . A 10% incrus~ or decreas~ in the surface area of any body of wat~r 0 or mor~ than a 10 acr~ incr~a~ or ~rease. . Construction of a body of water that exceeds 10 acres of surface area. 0 . Oth..,. in'll')act5: Existing wetlands extends beyond NYS EC n tentative ~e~lands boundaries. 5. Will Proposed Action aff~t surfac~ or IIroundwater quality or quantityl lXINO DYES h~mplet that WQuld apply ~ column 2 . Proposed Action will require .i discharae permit. . Proposed Action requires use of a SO<Jrce of water that d~s oot have approval to; serve pro~ (pro~t) action. . Proposed Action requires wa~r supply from wells with Ilreater than 045 aallons per minut~ pumpinll eapacity. . Construction or operation cawinll arry contamination of a wat~r supply system. . . Pro~d Action will adv~rsely affect aroundwater. . liquid effluent will be conveye<l off the site to facilities wh:~h presently do not exist or have inadequate capacity. . Proposed Action would use water in excess of 20.000 Ilallons per day.. . Proposed Action will likel" ,-,~;e siltation or other discha'l~e into an existinll body of wat", .v tk e':lent that there will be an obvious visual contrast to natural conditions. . Proposed Action will require the storage of petroleum or chemical products Ilreater than 1.100 aallons. . Proposed Action will allow residential uses in areas without water and/or sewer services. . Proposed Action locat~s commercial and/or industrial uses which may require new or expansion of existing waste treatment andlor storalle facilities. . Other impacu: I r ~ .J Will proposed action alter drainaae flow or paNerns. or surface water runoff! DNO ~YES EHnple, that would apply to column 2 '.. ,'.. ''-.< o o o o o o o o 2 PotenUal Large Impact o o o o o o o .. .D. o o o o o o o o o o 3 Can Impact Be MItigated By proJlI(;l enange DYes DYes Dyes DYes DYes DYes DYes . !iJY~s DY~s DYes DY~s Dyes Dyes DVes o DYes o DYes o DYes o DYes o DYes o DYes ....., oNO oNo oNo oNo oNo oNo ONe) DNa ONo dNo ONe ONe oNc [!~( ON, eN, DN ON Or-. o~ DYes [!~ c . o Proposed Action may cause subsuntial erosion. o Proposed Action is incompatible with existini drainaie patterns. o Proposed Action will allow development in a desiinated floodway. ., Other impacts: Poor soils exist on site. IMPACT ON AIR 7. Will proposed action affect air qualityl ~NO C;YES Examplei that would apply to column 2 o Proposed Action will induce 1,000 or more vehicle trips in any iiven hour. o Proposed Action will result in the incineration of more than 1 ton of refuse per hour. o Emission rate of total contaminants will exceed 5 Ibs. per hour or a heat source producini more than 10 million BTU's per hour. o Proposed action will allow an increase in the amount of land committed to industrial use. o Proposed action will allow an increase in the density of industrial development within existini industrial areas. o Other impacts: IMPACT ON PLANTS AND ANIMAlS 8. Will Proposed Action affect any threatened or endaniered species! (islNO DYES Eumples that ,",oold apply to column 2 I o Reduction of Cln<!! or more species listed on the New Yorl< or federal list, usini the site, over or near site or found on the site. o Removal of any portion of a critical or siinificant wildlife habitat. o Application of pesticide or herbicide more than twice a year, other than for airicultural purposes. o Other impacts: 9. Will Proposed Action substantially affect non-threatened or nOrH!ndaniered species? j81NO DYES Eumplei that would apply to column 2 o Proposed Action would substantially interfere with any resident or miiratory fish, shellfish or wildlife species. o Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. ,Will the Proposed Action affect agricultural land resources! ~N; DYES Exa';'pl~ that would apply to column 2 .. The proposed action would sever, crOIS or limit ~ccelS to airicultura' land (includes cropland, hayfields, p.,Hture, vineyard. orchard, ete) r-e 2 3' Small to potlntlal Can Impact EM Moderata Largl MItigated By Impact Impact Project Change 0 0 DYes oNo 0 0 DVes oNo 0 0 DVes DNo 0 0 oVes oNo 0 0 Dyes oNo 0 0 DYes DNo 0 0 DVes DNo 0 0 DVes oNo 0 0 DYes oNo 0 0 oVes DNo ( -. ..- .. 0 0 Dves 'DNo 0 0 Dyes DNo 0 0 DYes oNo , 0 0 oVes oNo 0 0 DYes oNo 0 0 DYes oNo I 0 0 Dyes oNo . o Construction ICtivity would excavate or compact the soil profile of aaricultural land. _ o The proposed action would irreversibly convert more than 10 acres of aaricultural land or, if located in an Aaricultutal District more . th.In 2.5 acres of aarieultural land. o The proposed action would disrupt Of prevent installation of aaricuftural land manaaement systems (e-a., subsurl ace drain lines, outlet ditches, strip croppina); Of create a need for such me&.lures (e-a- cause I farm field to drain poorly due to increased runoff) o Other impacts: IMPACT ON AESTHETIC RESOURCES 11 _ Will proposed action affect aesthetic resources! oNO DVES (If necessary, use the Visual EAF Addendum in Section 617.11, Appendix B_l Examples that would apply to column 2 o Proposed land uses, or project components obviously different from or in sharp contrutto current surroundina land use pallerns, whether man-made or natural. o Proposed land uses, or project components vnible' t~ u~ of aesthetic resources which will eliminate or sianifieantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or sianificant screenina of scenic views known to be important to the area. o Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic. pre- historic or paleontolollical importance! oNO jlOVES Examples that would apply to column 2 o Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Re&ister of historic places. o Any impact to an archaeological site or fossil bed located within the project site_ o Proposed Action will occur in an area designated as sensitive for archaeological sites on the NVS Site _Inventory_ h. Unknown - EVldence suggests o at er Impacts: cultural resources exist on site. IMPACT ON OPEN SPACE AND RECREATION 13 _ Will Proposed Action affect the quantity or quality of existina or future open spaces or re<:reational opportunities! Examp!n' ...at would apply to column 2 ONO jlil.VES ( lThe permanent foreclosure of a future re<:reational opportunity. -.. A major reduction o_f an 'open space important to the community. o Other impacts: Slte 1S surrounded by a park _ _O~~? _~~ace district. re1 2 3 Small to Potenllal Can Impact Be Moderate large Mlllgated By Impact Impact Project Change 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes oNo I I 0 0 DYes oNo - 0 0 DYes oNo 0 0 oVes oNo 0 0 DYes oNo 0 0 oVes oNo 0 0 oVes ONe> 0 0 oVes oNo 0 0 oVes oNo 0 0 DYes oNo 0 0 Dves ONe jlJ 0 DYes oNo . IMPACT ON TRANSP9RTATION 14. Will there be ~n effect to existinltunsport~tion systems! l!iNO DYES Eumpln th~t would ~pply to column 2 . Alteration of present palterns of movement of people ~nd/or ll00ds. . Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY' 15. will proposed action affect the community's sources of fuel or enerllY supply! i\lNO DYES Eumples that would apply to column 2 . Proposed Action will cause a Ilreater than 5% increase in the use of any form of enerllY in the municipality. . Proposed Action will require the creation or extension of an enerllY transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. . Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odo<1, noise, or vibration ~s a result of the Proposed Action! pllNO . DYE5- Eumples that would apply to column 2 . Blastinll within 1,500 feet of a hospital, school or other sensitive facility. . Oden will occur routinely (more than one hour per d~y). . .. -.. -- . Proposed Action will produce operatinll IIoise exceedinll the local ambient noise levels for noise ou15ide 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! ~NO DVES Exampln that would apply to column 2 . Proposed Action may cause a risk of explosion or release of hazardous substances (Le. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharlle or emission. . Proposed Action may result in the burial of "hazardous wastes" in any fonm (Le. toxic, poisonous, highly reactive, radioactive, irritatinll. infectious, etc.) . Storage facilities for one million or more gallons of liquified natural lias or other flammable liquids. . P-roposed action may result in the excavation or o\h<,r disturbanc~ within 2,000 f~t of a site used for the disposal of solid or hazardous waste. . Other impacts: . , 1 2 3 Smlllto Potential Can Impact B< l.4oderlle Large MItigated By Impact Impact Project Chang 0 0 oVes ONe 0 0 oVes ONe 0 0 DYes ONe 0 0 DYes ON 0 0 DYes ON 0 0 DVes ON - .or: . 0 0 DVes 0" 0 D Dyes 01' - 0 D Dyes 01' 0 D Dyes o~ D D Dves D~ 0 D DYes 0 0 D DVes D 0 D DYes 0 0 D DYes C 0 D Dves C ? . IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 111. Will proposed .ction .lfect the chuuter of the existinc community! IXlNO DYES Eumples th.t would .pply to column 2 . The permanent population of the city, town or villalle in which the project is loc.ted is likely to crow by more than 5%. . . The municipal budCet for c.pital expenditures or operatinc services will incruse by more IMn 5% per year u a result of this project. . Proposed .ction will conflict with officially adopted pl.ns or co.ls. . Proposed action will c.use . chanlle in the density of land use. . Proposed Action will replace or eliminate existinc facilities. structures or areas of historic importance to the community. . Development will create a demand for additional community services (e. II. schools, police and fire, etc.) . Proposed Action will set an important precedent for future projects. . Proposed Action will create or eliminate employment. . Other impacts: . 1 2 3 Small to Potential Can Impact Be Moderate Large MItigated By Impact Impact Project Change 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes DNa 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes oNo 0 0 DYes DNo 0 0 DYes DNo 0 0 DYes DNo I ! 19. Is there. or is there likely to be, public controversy related to potential adverse environmental impacts! DNO DYES C'. If Any Action In Part 2 Is Identified as a Potential large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS lesponsibility of lead ^eency Put 3 must be prepared if one or more iml"'ct(s) is considered to be potentially laree, nen if the impact{s) may ,b. mltlpted. Instructions Discuss the followinll for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitillated or reduced to a small to moderate impact by project chanlle(s 3. Based 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 occurrinll . The duration of the impact . Its irreversibility. includinll permanently lost resources of value . Whether the impact can or will be controlled . The rellional consequence of the impact . Its potential diverllence from local needs and lloals . Whether known objections to the project relate to this imr'" . (Continue on attAchments) ~ . CRAMER, V~ .J'A~CIATES ENVIRONMEN~~G CONSULTANTS . ~,~"S March S, 1994 ill Ms. Valerie Scopaz Planner Town of Southold Main Road Southold, New York 11971 RE: . "' BOARD Proposal for Semces Preparation of Long Environmental Assessment Forms (EAF) for Proposed Hamlet Density Zoning in the Town of Southold Dear Valerie: Pursuant to your request, the following will serve as a proposal for services with regard to the above referenced. It is our understanding that the Town Board wishes to consider the possible rezoning for six undeveloped parcels from Hamlet Density (HD) to Residence-SO (R-SO). This proposed action is a result of the study prepared by you and the staff, entitled "Review of Hamlet Density Zoning in the Town of Southold'; dated February 1994. The following are the six parcels that will be considered in the public hearings: SCfM# 100-40-3-1 100-40-4-1 100-35-1-25 100-45-2-10.3 100-45-2-1 100-35-1-24 Hamlet Location Greenport, unincorp. Greenport, unincorp. Greenport, unincorp. Greenport, unincorp. Greenport, unincorp. Greenport, unincorp. Acreage 17.1 10.55 132.0S 20.07 1.2 62.3 CV A proposes to complete the Long EAF necessary for coordination with other involved a~encies under the State Environmental Quality Review (SEQR) Act. We will also carry out field inspections on each of the subject parcels to assist in the preparation on the documents. It is also our understanding that you have certain information that will be made available to us to assist in the preparation of the Long EAF's. In consideration of the above we estimate that the preparatIOn of each Long EAF will cost between $150.00 to $200.00, with a total sum of not to exceed $1,200.00. I hope you and the Board find the above proposal acceptable. If there are any questions with the above please feel free to contact me. If the Board authorizes this proposal, please let me know and we will begin work immediately as I understand that the public hearing will be set for March 22. Thank you for your consideration of CV A and I hope to hear from you shortly. . /' Very trulpabrs, // ,,>"/ ./ // Viomas W. Cramer, ASLA / ;' ~.A/ " 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 ./ . .... . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL srATISTlCS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 10, 1994 Thomas W. Cramer, ASLA Cramer, Voorhis & Associates 54 North Country Road, Suite 2 Miller Place, New York 11764 Dear Tom: ,~ -.:5lt6F/~(~ IJ1lOf~ '1 ~ Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 This is to confirm that the Southold Town Board, at their regular meeting held on March 8, 1994, adopted a resolution accepting your proposal to prepare Long Environmental Assessment Forms for six proposed rezonings to be undertaken on the Town Board's own motion. A certified copy of the resolution is enclosed. Very truly yours, ~~~ Judith T. Terry Southold Town Clerk Enclosu re V. Scopaz, Senior Planner ~ cc: rnm '" m k:N\ I I SOUTHOlD TOWN PlANNING BOARO W I' L-,. . . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL SfATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 8. 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Cramer, Voorhis & Associates. dated March 8, 1994, at a total sum not to exceed $1.200.00. for the preparation of Long Environmental Assessment Forms for six (6) proposed rezonings to be undertaken on the Town Board's own motion. ~ ----"-----' J~L- Judith T. Ter~ Southold Town Clerk March 9. 1994 ....'-"