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Mims Holdings, LLC
RE' EIVE® ,MATTITU.CK-INLU.- FEB 0 8 2021� Southold Town Planning Board February 1,2021 VIA EMAIL and FIRST CLASS MAIL Mr. Donald Wilcenski,Chair Town of Southold Planning Board 54375 State Route 25 PO Box 1179 Southold,NY 11971 Re:Change of zone application SCTM-1000-106-6-13.3 and 1000-106-6-13.4 Dear Mr.Wilcenski, On behalf of Save the Mattituck Inlet, I am requesting the status of the change of zone application filed by MIMS Holding,LLC filed in 2006. Prior to said application both parcels were zoned R-80 and the application was made to change both to M 11.1 have attached a more detailed history prepared by fellow board member,Stephen Boscola,to this letter,as well as a memorandum of a June 8,2000 board meeting requiring an amended site plan be required for a similar proposal due to zoning restrictions. The file on the Town of Southold website has the application in its"Pending"folder and the last communication by your office,signed by you on February 9,2009 lists the deficiencies in the Part I Environmental Assessment Form.The file does not contain any items remedying these deficiencies or any other indication of subsequent action. The current zoning map for the hamlet of Mattituck,dated April 29,2016 and also attached,shows lot ' 1000-106-6-13.4 currently zoned as MII and lot 1000-106-6-13.3 zoned as R-80.The current Suffolk County tax map shows the two lots combined into lot 1000-106-6-13.4 and that entire lot zoned as"commercial." I am requesting the current status of these two lots and the application to change their zoning.We respectfully requestthat this issue be addressed prior to the adoption of the scope,to determine whether this project can proceed at all. Thank you for your anticipated cooperation.I can be reached directly at 718-303-3277 and tnt34@cornell.edu. Very truly yours, cc:Scott Russell,Supervisor Thomas` cano,Esq.,Attorney at Law Heather Lanza,Director Member,Save the Mattituck Inlet Bill Duffy,Town Attorney Save the Mattituck Inlet ♦ P.O. Box 592 4 Mattituck, NY 11952 ♦ www.SaveTheMattitucklnlet.com .tom (�✓ F j d MATTITUCK INLET January 19,2021 Re: Strong's Storage Buildings Proposal and Zoning Changes at SCTM#: 1000-106-6-10, 13.4 Statement from group member,Stephen Boscola: I have an intimate familiarity with the subject property as my grandfather was the operator of the marina from 1961 to 1985 and a partial owner of the entire property from 1961 to 2004. My grandmother sold the partnership interest in the property to the majority partner,William Pape, in August 2004. Once that sale was completed, along with a similar transaction with another partner, the Pape family controlled the entire property—both the marina and upland. I would like to note the following: 1. During the entire period of combined ownership (1961-2004), the property held two zonings — "commercial light," (now M-II) where the marina sits up to the start of the cliffside, and R-80 for the upland(from the edge of the cliffside to West Mill Road),where a major subdivision was contemplated. a. These are shown on the last approved site plan dated 1984 (when the last shed was extended). 2. In 2000,the Town Clerk noted in a memo(enclosed)that a similar plan from the Pape family,required an amended site plan,for which there is no record of a new/amended site plan. a. The R-80 zoning is mentioned in the memo: "The degree of excavation and regrading that is proposed [by two 80' x 250' storage buildings] and its intrusion into the Residential zoning district, along with the actual size of the proposed strictures and close proximity to the waterfront..." b. The above referenced project is even larger than the proposed project from 2000. c. A survey map of the property in the Town files from 2000 shows the proposed zoning, but there is no approved site plan after the 1984 plan showing the change. The survey map is marked"received",not"approved." d. No additional documents in the file show an advancement of that proposal. A new proposal filed in 2007 (noted below) for the same zoning change is evidence that the zoning was not changed in 2000. 3. In 2007,the Pape family formally applied for a zoning change for a portion of the R-80 upland property to M-II. It appears the zoning was never actually changed once again. Note the following: a. My family was on the list to be formally notified but never received a registered letter, nor is there evidence of mailings in the Town files. b. The files show detailed correspondence for 2 years, concluding with a final letter from the Town to the Pape's attorney in 2009, listing 18 deficiencies in the Part I Environmental Assessment Form. There is no indication of remedies or subsequent action. 4. The Pape family sold the marina and upland property to the current applicant in 2016. There is no record of the current applicant filing for a change of zoning. Save the Mattituck Inlet ♦ P.O. Box 592 ♦ Mattituck, NY 11952 ♦ www.SaveTheMattitucklnlet.com PLANNING BOARD MEMBE, r 'VFFQj �S _ _ �C Town Hall,53095 State Route 25 BENNETT ORLOWSKI,JR. P.O. Box 1179 ���. O Chairman � G•� 5 Southold,New York 11971-0959 WILLIAM J.CREMERS x Fax(631) 765-3136 KENNETH L.EDWARDS GEORGE RITCHIE LATHAM,JR. O Telephone(631) 765-1938 RICHARD CAGGIANO ��0a PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Edward Formster, Code Enforcement Officer FROM: Valerie,, .capaz,Town Planner JS RE: Mattituck Inlet Marina Mill Road, Mattituck SCTM# 1000-106-6-13.3 DATE: June 8, 2000 The Planning Board reviewed the proposed addition of two 80'by 250'storage buildings at the above-referenced site at its work session on June 51'. The degree of excavation and regrading that is proposed and its intrusion into the Residential zoning district, along with the size of the proposed structures and the close proximity to the waterfront: all were factors in the Board's decision that an amended site "✓ plan be required for this proposal. Please direct the applicant to secure an appointment with Robert Kassner to review the site plan requirements at his earliest convenience. „ Long Island Sound - � `_• �>�� - Matti.tuck/Laurel 4 r Zoning Fr..,'�' ,,�:” ;*° �.s z. fz.,:y�C$;,,Ijj" / � f— ^-F:� �'•°.;, 't%5%;,fi,`-#3'r(`''�•- [,�' ..V with Protected - Lands {Y d x +' '„' • r. �5�� +`a,��rRd: ��'"�: �' i � �„'f`z ,�r�Tr :r'' ��i=• ��,`”t ';,p'a*' may;� .`z f' ��,�' :3 r ',° `�= .I 99'"a:�' q;+,1"'�+r.,.:�-''4'J. �� '�.',v°�'1 ` �" �b#§ '•x'r_k, �•.I���, "®' gr '.'"::" ,�E,z. `'� w 7 a o 'er 'I,' ZONING . `v�;'_--=•e_'; 5°`'>" ,*�`°x`'"e��.`*:�'' r.x.'��.'--Y°`, -,'F 'if 1` '�~.fix Sid�""=;`.`,;rr,.,'aiwv-" ,`'"`�'i,'•s��'„,.nh.r;;','`.,,"•-�e°y��,'.jZ;.��` !ii AC ,> _ `�•,. s,a' b `i •�..,z N,,.,e_r,rr� 1 p. >' >€,-'� ; tee, .� ;d g.._ AHD "_ -` �j�;��.•.= _ AHC `�€z Fgo: n =fi r ` . ,> M'�`'":i' •' ,' )r. -cy�,i ,:0• '�..'F2 nf119 °` (( '- ;tea, S `r+ s'''7 "i .z- sYAVe+r'` ,• '37 � n,. ,?, - s>-„ ,,.,'«ys-`>�`. - -t :V.' .; �,.sr � E^%. 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V s_.f .i.xm, '_ s .�Q'` _e [L'' ' ,` .:"'... ^>. it .'! a,.•...>.•Ci-�.rr. ” ��.'f s.w W.. •;S �.;^,?im ,y�,�uG.g� _4 r�r•.¢A��'";T i�:•-j��:'`7:t - _rr:€f�=.,tis (��r�'#�t+% `�,;'.l�;?•.; �e�� •�'t st .o�=,; v ,, ,r'riiE' 5 IS`:11 .+.-4r'a"r' "ar`^a�`�` '"�<' 4�' •�' `- r i ' _ OM Z� fi - 'I%A w��i'1 Peconic day ,"��'!' Map Prepared by Town of Southold Geographic Information System Ap6129.20116 SuF(olRCountountyReal PropertyTax SenrloaAflency z g t t �ARFJS and Tare Map,Copyr7ght 2018, 0.25 OS _ 1Moo county of Suffolk,NY From the desk of Ralph Freeman RECEIVED Supervisor Scott Russell and JAN 2 6 2010 Members of the Town Board Town of Southold Town Town Hall Southold Town clerl P.O. Box 1179 Southold,N.Y. 11971 It has come to our attention that a massive project is being considered for Mattituck Creek. MIMS of West Mill Rd. in Mattituck, submitted a change of zone application to Southold Town Board in order to expand their facilities. A portion of this 33.75 acre parcel is residential and they wish to have it zoned Marine II in order to expand use and further develop the area. This project would dramatically impact the environment and related issues with negative results. We are very concerned as we love this area and feel its charm and community character would be destroyed by this massive project. We definitely oppose the development of this area. We urge the board to review and study not only the environmental impact but also the impacts of traffic,taxation, congestion, increased o ' dical and fire services required in the Mattituck Creek and the community. Ralph and Caro re an 600 Wavecrest Lane Mattituck,N.Y. 11952 January 24,2010 600 Wavecrest Lane, Mattituck,NY 11952 631-298-8662 mf2@cornell.edu New York State Department of Environmental Conservation Division of Environmental Permits, Region One Ask SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 -3409 Phone: (631) 444-0403 FAX: (631) 444-0360 MONO Alexander B.Grannis Commissioner LEAD AGENCY COORDINATION RESPONSE August 18, 2009 RECEIVED Elizabeth A. Neville AUG 2 0 2009 Town of Southold P.O. Box 1179 Southold, NY 11971 Nouthold Town Clea Re: LEAD AGENCY COORDINATION REQUEST Proposed Expansion of Mattituck Inlet Marina 1885 Home Pike Mattituck, NY 11952 SCTM# 1000-106-06-13.4 Dear Ms. Neville: This letter is in response to your Notice of Intent to Serve as Lead Agency of July 24, 2009 for the above referenced project pursuant to the State Environmental Quality Review Act(SEQRA)of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please also advise the applicant that this project will require a Tidal !Wetlands Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, r 4She=dAikher Environmental Analyst ryy _ I \ICELSIOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SUBIMAL CHAKRABORTI , P.E. "" - r - --- - STANLEY GEE RECEIVED REGIONAL DIRECTOR RIVE® ACTING COMMISSIONER i� SPLs Y AUG 11 2009 August 7, 2009 ' muthold Town Clerk Mrs. Elizabeth A. Neville Town Clerk Town of Southold Town Hall, P.O. Box 1179 Southold, NY 11971 TAG# 09-0282 CAG# COM-09-006631 MIMS Change of Zone Application Dear Mrs. Neville: This is in response to your letter to the State Transportation Commissioner, regarding the above referenced subject. Thank you for notifying us about the Mattituck Inlet Marina and Shipyard application for zone change and the Town of Southold's intention to serve as lead agency for SEQRA review. The New York State Department of Transportation Long Island Regional Office (Region 10) will keep this information on file for future reference. Very truly yours, m Wayne Rk Regional Planning and Program Manager 7 z SUFFOLK COUNTY WATER AUTHORITY Stephen M.Jones Administrative Offices: 4060 Sunrise Highway, Oakdale, New York 11769-0901 Chief Executive Officer (631) 563-0219 Fax (631) 563-0370 August 5,2009 Elizabeth A.Neville RECEIVED Southold Town Clerk 53095 Main Road P.O.Box 1179 j AUG 7 2009 Southold,NY 11971 RE: SEQRA-MIN4S Change of Zone muthold Town Clerk- , SCTM# 1000-106-6-13.4 Dear Ms.Neville: I would like to thank you for the opportunity to comment on the proposed Change of Zone application for the above referenced project. The Suffolk County Water Authority has no objection to the Town Board for the Town of Southold assuming Lead Agency status for this project.However,we would like to bring to your attention several concerns as they relate to the application as submitted. The applicant acknowledges that the proposed uses will"expand service and operations dramatically"on site. That being said,it would be prudent to examine thoroughly those improvements and the potential impacts to the community and our natural resources. Additionally,the applicant did not provide waste water management information nor did they provide proposed water usage data. Without this information SCWA can not accurately review the application and provide comments as it relates to fire flow requirements,water supply improvements or impacts to our existing facilities. When this information is available,kindly forward to Kimberly Kennedy so that SCWA may do a proper review of the project and submit comments accordingly. Sin rely, ep JonesXhi xecutive O fffic er SMJ:kk 2006 National Source Water Protection Award Winner COUNTY OF SUFFOLK RECEIVED ' AUG 14 2009 JOuthalrf Town Clerk STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS THOMAS LAGUARDIA, P.E. GILBERT ANDERSON, P.E. LOUIS CALDERONE CHIEF DEPUTY COMMISSIONER COMMISSIONER DEPUTY COMMISSIONER July 31, 2009 Town of Southold P.O. Box 1179 Southold,N.Y. 11971-0957 Attn: Elizabeth A.Neville Re: MIMS Change of Zone Application Notice of Intent to serve as Lead agency For SEQR Coordinated Review SCTM#1000-106-6-13.4 Dear Ms.Neville: This Department has reviewed the above-referenced documents and offers the following comments: This Department has no objection to the Town assuming lead agency status for this proposed development. Our review of this development has indicated that it will have negligible impact on the nearby County road. Thereby, a highway work permit or an impact fee will not be required. If you have any questions, kindly contact this office at 852-4100. d Very truly yours, WiltHillman,P.E. of Engineer By: J41tin Hipperling Highway Planning&Permits WH:JH:KD:ln SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (631) 852-4010 335 YAPHANK AVENUE ■ YAPHANK, N.Y. 11980 ■ FAX (631) 852-4150 SU!/P�p Southold Town Hall,53095 Route 25 Robert I. Scott,Jr., Chairman '`� l0 P.O.Box 1179 Darline J. Duffy,Assessor Southold,NY 11971-0959 Kevin W. Webster,Assessor G Q Fax: (631)765-1356 Telephone: (631)765-1937 COU NOV BOARD OF ASSESSORS TOWN OF SOUTHOLD RECEIVED Date: 7/31/2009 To: Elizabeth A. Neville, Town Cler jut 31 E09 : From:Robert I. Scott, Jr., Chairman y. RE: MIM change of zone application The above-referenced applicant has sent out all of the necessary notices to all of their adjacent property owners with 200 feet of the subject property as shown on the current tax roll of the Town'of Southold. 7/31/2009 Confidential 1 o�*OF SO!/r�ol ELIZABETH A.NEVILLE,RMC, CMC O Town Hall, 53095 Main Road TOWN CLERK J�[ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER • �O� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTelephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER yCOWN southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Robert I. Scott, Chairman, Board of Assessors From: Elizabeth A. Neville, Town Clerk Re: MIM change of zone application Date: July 31,2009 I have received today the additional "Notices to Adjacent Property Owners"in connection with the above change of zone application that you determined were necessary injz=response to my initial referral to you on July 15, 2009. Please verify, in writing, tha the applicant has sent out all of the necessary notices to all of their adjacent property o s within 200 feet of the subject property as shown on the current tax roll of the Town of Southold. Thank you. GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck,New York 11952 Phone: (631)298-4200 Fax: (631) 298-4214 WILLIAM C.GOGGINS,ESQ. ANTHONY H. PALUMBO,ESQ. July 29, 2009 TRACY L. KARSCH,ESQ. DONALD A.MATES,ESQ. Of Counsel Office of the Town Clerk DONNA M. PALMER Town of Southold Paralegal P.O. Box 1179, 53095 Main Road Southold, New York 11971 Attn: Elizabeth Neville, Town Clerk Re: 5780 West Mill Road, Mattituck, New York; JUL 3 1 2009 SCTM 1000-106.00-06.00-013.004; Mims Holding, LLC aOuthold Town Clea Dear Ms. Neville: In connection with the above referenced matter, enclosed please find the Notice to Adjacent Property Owners" which was sent via certified mail together with the certified mail receipts and the affidavit of service. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Very truly yours, C. Goggins WCG\`imp enclo'su s TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of MIMS HOLDING, LLC 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; AFFIDAVIT OF MAILINGS STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) DONNA M. PALMER, residing at New Suffolk, New York, being duly sworn deposes and says: On July 27, 2009, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Notices to Adjacent Property Owners, attached hereto, in envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which is within two hundred (200) feet of the applicants aforesaid property. EMNA M. PALMER Sworn to before me this 27th day of July, 2009 Notary Public ELAINE T.VILLANa— Notary Public,State--of%W York No.01 V160�9229,`Suffblk'tou ty; Commission'Expfres-Aug.9,— TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of �` ' - NOT�C]E MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: 1000- 106-9-4.11 (3805 Mill Road, Mattituck, New York 11952 Denmelexnic Farms LLC 1845 Central Drive Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and.is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYor 11952 Telephone: (631) 298-4200 .. (pomestic Mail,Only;No Insurance Coverage Provided) 1 m .� I � Postage $ $0.44 0152 " M fU Certified Fee $2.80 06 C3 RReceipt Fee Here O (EhdorsemementRequired) x"30 Postmark O M Restrloted Delivery Fee (Endorsement Required) 4.� 0 Total Postage&Fees 07/27/2009 N sernroDenmelexnic Farms, LLC 0 o Poe Xtr o. 1845�Central Drive _____�...-_____.....__...______._...._____-_----.....____._...... srare,zrP+�attituck, New York 11952 TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of I�.OTI E MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: 1000- 106-9-4.9 (3685 Mill Road, Mattituck, New York 11952) Denmelexnic Farms, LLC 1845 Central Drive Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and,is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2-7 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYox 11952 Telephone: (631) 298-4200 Postal CERTIFIED e RECEIPT D. o Provided) Er { `°ru 70M � � � ^ L U , o M Postage $ = $0.44 0952 j ru Certified Fee $2.80 66 ru Postmark ReturnReceipt Fee „ � Here O (Endorsement Required) $2.30 5 CJ, I i Q Restricted Delivery Fee (Endorsement Required) $0.00 It Total Postage&Fees $ $5.54 07/.^..7/2009 senrro Denmelexnic Farms LLC C3 PO,npiNlo.;"' C3 or 1845 Central Drive orPO Box No. tti crysrare,ziP+attituck, New York 11952 For1 --- -- m1 --- - 00. Se — ------ -- ,I i �f TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: Z.. ' 1000- 106-9-4.10 (3755 Mill Road, Mattituck, New York 11952) Denmelexnic Farms LLC 1845 Central Drive Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and,is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 7 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYor 11952 Telephone: (631) 298-4200 RU S. Postal Service7m CERTIFIED . s ■ 1 (Domestic ru Mr-3 , 0 r Postage $ $0.44 0952 V M i fU Certified Fee $2.80 06- Postmark ru Retum Receipt Fee Here { M (Endorsement Required) $2.30 r O Q Restricted Delivery Fee (Endorsement Required) $0.00 iO Total Postage&Fees $ $5.54 1 07/27/2009 C7 Sent To r- Denmelexniz Farms' LLC p Street Apt No.; C3 orPoeoxNo• 1845 Central Drive --------- ----------------------- ------------ lafe 1 �¢� ttituck, New York 11952 Forni I :rr ... TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: ` 1000- 106-6-28.4 (374 North Drive, Mattituck, New York 11952) Francis Deegan and Daniel P. Deegan 500 North Drive Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and,is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 7 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYor 11952 Telephone: (631) 298-4200 's �! CERTIFIED ■ I i. estic Mail Only;No Insurance Coverage Provided) I For delivery m � MalTru R A9 � 1%, OL u B, E � o = Postage $ $0.44 0952 m j ru Certified Fee .80 46 fUPostmarks Retum Receipt Fee Here O C3 (Endorsement Required) $2.30 M Restricted DeliveryFee- (EndorsementRequired) $0,00 O Total Postage&Fees $ $5.54 1,07/27/2009 D sMhcis� Deegan and Daniel P. Deegan ------- ------------------------------------------------------------------------ 0 SYreet,Ap£No.; 500 North Drive C7 or PO Box No. 17% Clfy Stele,ZIP-- ------------------------------------------------------------------ Mattituck, New York 11952 TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of : NOTICE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: ` 1000- 106-6-28.1 ( 460 North Drive, Mattituck, New York 11952) Francis Deegan and Daniel P. Deegan 500 North Drive Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 27 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYoz 11952 Telephone: (631) 298-4200 "PostalIF I w , L RECEIPT M (porbeqtic Mail s !qsu�pnde Coverage Provided) M . . p �FWIAL USE M Postage $ $0.44 09.512 ru Certified Fee $2.$0 06 N Postmark Retum Receipt Fee Here i rO (Endorsement Required) $2.30 C3 Restricted Delivery Fee (Endorsement Required) $0.00' O N Total Postage&Fees $ $5.54 07/27/2009 "'Francis Deegan & Daniel P. Deegan C3 sneer,apr.l0o.;' a orPoeo ko. 500 North Drive r` cry,srare,z54+a tituck.......New York 11952 TOWN BOARD, TOWN OF SOUTHOLD ' In the Matter of the Petition of : NOTICE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: 1000- 106-6-3 (5775 Mill Road, Mattituck, New York 11952) Glebe Associates LLC P.O. Box 1291, 10 Great Circle Drive Shelter Island Heights, New York 11961 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 7 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYox 11952 Telephone: (631) 298-4200 i CERTIFIED MA-11.' Tcr-RECEIPT pomestic Mail Only; • . 1 e y CO � R 9` 69-JC1AL U S E Postage $ $0.44 0952 rl.l Certified Fee $2.80 06 s� � Postmark Return Receipt Fee Here M (Endorsement Required) $2.30 I M Restricted Delivery Fee (Endorsement Required) $0.00 O Total Postage&Fees 07/27/2009 O sentro Glebe Associates LLC ' ....................... .................._____ M rOAp. ............................ � orPBoxt.' 10 Great Circle Drive __________________�..®;..B.o�._i 21 .1__......__.....__...._._._.____.__._.__ City,State,T1P+4 Shelter Island Hei is 11961 TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: 1000- 106-6-4.1 ( 5670 Mill Road, Mattituck, New York 11952) Glebe Associates LLC P.O. Box 1291 10 Great Circle nrivP Shelter Island Heights, New York 11961 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public he must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 7 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYor 11952 Telephone: (631) 298-4200 Postal • _0 (Domestic Mail Only;No Insurance Coverage Provided) MEMO 102,111 ksll F 17G C I A L � 7 1 M Postage $ $0.44 0952? ru Certified Fee $2.80 06 •_ J fU Retum Receipt Fee Postmark 0 (Endorsement Required) X2.30 Here O Restricted Delivery Fee (Endorsement Required) $0.00 Total Postage&Fees 07/27/2004 sent o Glebe Associates LLC r" --------------------------------------------------------_ E3 orPoeoxft. 10 Great Circle Drive oX""T29-I------------------------------------ ty ZIP+4 TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of ;TSE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: 1000- 106 - 6-13.1 a Mims Holding LLC P.-O. Box 1408 Mattituck, New York 11952 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and,is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 7 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYor 11952 Telephone: (631) 298-4200 Postal CERTIFIED MAILT, RECEIPT (Domestic Mail only;No insurance Coverage Provided) l(I Ln M ' ' E ro Postage $ $0.44 0952 _ M c ru certified Fee $2.80 06 Postmark fU Return ReceiptFee Here (Endorsement Required) X2.30 O p Restricted Delivery Fee0.� (Endorsement Required) r-1 Total Postage&Fees $ $5.54 07/27/2009 , r- o SentFFI[ms Holding LLC N ......................................................................... Q Street,Afit. o.;P.0. Box 1408 Q or PO Box No. ___________________ p c�ry;"sieie,"ziP+% attituck, New York 11952 o��oF so�ryol ELIZABETH A.NEVILLE,RMC,CMC O Town Hall, 53095 Main Road TOWN CLERK J P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER • COQ Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTele hone(631) 765-1800 FREEDOM OF INFORMATION OFFICER- �yCOU southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24,2009 Re: MIMS Change of Zone Application William C. Goggins,Esq. Attorney at Law Post Office Box 65 !, 13105 Main Road Mattituck,New York 11952 Dear Mr. Goggins, Enclosed are copies of letters from the Southold Town Planning Director, Heather Lanza and the Chairman of the Board of Assessors,Robert Scott. The letter from Ms. Lanza describes information lacking on the maps you submitted. The letter from Mr. Scott lists adjacent,property owners that you neglected to send notices to. This information must be submitted in order for this application to move forward. Please call me if you have any questions. Thank you. Very truly yours, a. E izabeth A.Neville Southold Town Clerk cc: Town Board Town Attorney Office Planning Department MAILING ADDRESS: PLANNING BOARD'MEMBERS ��� SU(/r,�, P.O. Box 1179 k MARTIN H.SIDOR �0 OlO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA Town Hall Annex KENNETH L.EDWARDS �� 54375 State Route 25 GEORGE D.SOLOMON Q`r (cor.Main Rd. &Youngs Ave.) _ JOSEPH L.TOWNSEND y�'QU � Southold,NY Telephone: 631765-1938, Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD I MEMORANDUM To: Elizabeth Neville, Town Clerk From: Heather Lanza, AICP, Planning Director Date: July 14, 2009 Re: Mattituck Inlet Marina Change of Zone Application Upon reviewing the file for completeness using the"Checklist for Rezoning Petition"form, I found that there are a few required items missing from the petition referenced above. Most important is the neighbor notification- the Town's Change of Zone procedure requires that the petitioner notify nearby landowners of his/her intent to file the petition. Thus,the applicant should have submitted the proof of mailing along with the petition for the Change of Zone. The following is a list of the missing items that should be submitted to make the petition for the change of zone complete: 1. Proof of mailing(as indicated on the"Checklist for Rezoning Petition") and in Town Code §280-159. 2. A map showing the required information within 500' of the property boundary. The maps submitted appear to only go out 200' with the identifications of land uses, names of property owners. (as indicated on the"Survey and Map Checklist"and the change of zone application form) 3. A map showing the current uses,and the names of businesses within 200 feet of the property boundary. (as indicated on the"Survey and Map Checklist") VAIYIE OF APPLICATION: DATE ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION I'C TA PB ❑ ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ Fee of$1,000.00 ($500.00 for AHD) I :1 ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days UMedin filing of petition , ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property. • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published ❑ ❑ Meet all requirements for submitting zoning action pursuant to section 239 L & M of General Municipal Law attached hereto 1 ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office 1 ❑ ❑ Six (6) maps drawmat the 1"= 100' scale in accordance with attached information sheet. 1 y❑ ❑ Six (6) sketch plan maps at the.l"= 100' scale or the 1"=20' scale in accordance with attached information sheet. he procedural requirements appear to have been met by this application: Town Clerk Date Signatuie Town Attorney Date •- Signatures -- Plannitlg Board Date Signature SU-RV Y-&-MAP CHECKLIST ie following information must be shown on the survey and map submitted with,a change of zone petition: L Town Boundaryline 2. Village Boundary line 3. State Park N •4. County Park J 5. State Road 6. State Parkway or Expressway. 7. County Rood 8. County Parkway -9: County.prainage Channel 1.0. State Public Building 11. County Public Building ast submit the following: irvey Showing: A. Accurate description ofthe property by metes and bounds. B. Surveyors Seal. a]R Showing A. Allproperty owners withiri 500 feet of the boundary of the parcel which is:subject to*the zoning action shall be shown. - -B. All existing buildings within.200 feet of the boundary of the parcel which is subject to the zoning action and their current use(s)including the name of the business. C. All street names within 500 feet-of the boundary. I7. The hamlet location of-the subject property, and the Suffolk County'Taxx Map(SCT iV) Number. E. Zoning classification.of the subject parcel and the surrounding area,(A,copy of the zoning map can be substituted:) ; F. N=6•and address of person making map, Scale 1'.'= 100' or 1" 200' H. The name of applicarit and'his address. ; 1• Where:applicable, a line indicating the bouridary of the jurisdiction of the Suffolk Chanty Planning Commission shall be shpwn(Ns line shall be 500 feet when measured at right angles to-and parallel with parcel to which zoning action has been considered):. J. A,suitable title far pprpo�es of identifyitig.the application. y K. . North Poirit shall be.indieated by an arrow. (Note if magnetic or tone) §280-156 SOUTHOLD CODE § 280-159 v any appropriate action or proceeding, whether by local process or otherwis%7y be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XXVIII ' Amendments [Amended 5-30-1975 by L.L. No. 3-19,75; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by L.L. N©. 1-1985; 140-1984 by-L.L.No. 1-1989; 11-13-1990 by L.L. No. 26-1990; 12-27-1995 by L.L. No.25-1995; 6-3-2003 by L.L.No. 12-20031 § 280-157. Procedures. The Town Board, upon its own motion or by petition, may,-from time to time, amend, supplement, change, or modify this chapter, including the Zoning Map, by-proceeding in the manner provided in this article. For the purposes of this article, an amendment also includes; but is not necessarily limited to, a supplement, change, or modification. A. The Town Board, by resolution adopted at a stated'meeting, shill fix the time and place of a public hearing on the proppsed amendment and cause notice thereof to be given pursuant-to the provisions of the Town Law. At least 10 days' notice of the time and place of such hearing shall be published.in the official.newspaper. B. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board to prepare_an official repoo regarding the proposed amendment, including the Planning Board recommendations. C. An amendment initiated, proposed or requested by a petitioner, other than the -Town -Board or other Town agency, shall also be subject to the--additional procedural requirements set forth in'subsequent sections of this article. §280-158. Fees for petitions for proposed amendments. Every petition for an amendmdnt tv this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 280-29A. The petitioner• shall also be responsible. for reasonable and customary professional review fees relating to environmental review of the petition. § 280-159. Additional notice requirements relating to* petitions for proposed amendments. A. In the case of a petition requesting an amendment in zoning district classification or the Zoning Map, in addition to the notice required by law, a.written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event , 280.146 '05-01-2006 r § 280-159 ZONING IV §280-159 that any petitioner owns or has any interest in any property imrffQdiately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll:The notice required by this section shall be mailed by the petitioner, or his/her agent, within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by petitioner or his/her agent shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the following information: (1) A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. (2) A description of the street location and the area of the property which is the subject of such petition. (3) The present zone.district classification of the property and the proposed zone district classification. (4) A statement that within five days of the notice the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (5) A statement that a public hearing with respect to such petition must be held by the Southold Town,Board before such change of zone can become effective; that the person to whom the notice is addressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published,in the official Town newspaper not less than 10 days prior to such public hearing. B. In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the,time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. D. In addition to the above notice requirement, prior *to holding a public hearing on the petition, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. 280:147 10-15-2007 ����� SUUjypl Southold Town Hall,53095 Route 25 Robert I. Scott,Jr., Chairman O P.0,Box 1179 Darline J. Duffy, Assessor Southold,NY 11971-0959 Kevin W.Webster, Assessor G Fax: (631)765-1356 Telephone: (631)765-1937 CO U ON BOARD OF ASSESSORS 'TOWN OF SOUTHOLI2 RECEIVED JUL 16 2009 Southold Town Clerk Date: 7/16/2009 To: Elizabeth M. Neville, Town Clerk From:Robert I. Scott Jr., Chairman RE: MIM Change of Zone Applicatio Having checked "Notices to Adjacent Property Owners" in connection with 5780 West Mill Road, Mattituck, NY with the Suffolk County tax map number of 1000-106- 6-13.4 and under the ownership of Mims Holding LLC, if the requirement of all properties within the proscribed area must be notified individually by parcel, not just owner, then two notices should have been sent to Glebe Associates LLC, 4000-106- 6-3 and 1000-106-6-4.1, and Francis and Daniel P. Deegan, 1000-106-6-28.1 and 4000-106-6-28.4. None were sent to the following tax map numbers: 1000-106-6- 13.1, 1000-106-9-4.9, 1000-106-9-4.10, and 1000-106-9-4.11, which are under the ownership of Denmelexnic Farms LLC. r o��of so�ryol ELIZABETH A.NEVILLE,RMC, CMC O Town Hall,53095 Main Road TOWN CLERK i[ lx[ P.O.Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 G �pQ Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICERTelephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER yC�UIY 1�,� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Robert I. Scott, Chairman, Board of Assessors From: Elizabeth A.Neville, Town Clerk Re: MIM change of zone application Date: July 15, 2009 I have recently received the"Notices to Adjacent Property Owners" in connection with the above change of zone application. Please verify, in writing,that the applicant has sent out notices to all of their adjacent property owners within 200 feet of the subject property as shown on the'current tax roll of the Town of Southold. Thank you. 18. 96.-1-1.2 Montauk Bus Service Cutchogue LI 1.083 3,180.00 BS 5/26/2006 8/14/2006 19. 62.-3-22.5 Mullen Motors Amendment 8-12-04 Southold B 84547 12,140.00 BS 8/26/2004 9/20/2004 8/14/2006 20. 113.-13-1.2 N &J Management Co. 2008 Mattituck R-80 765233 151,567.00 BS 4/29/2008 7/28/2008 21. 62.-1-3 North Fork Hardware Southold HB 20002 9,086.00 BS 9/27/2007 10/9/2007 4/14/2008 22. 96.-1-1.4 North Fork Self Storage Amendment Cutchogue LI 0 0.00 3/8/2007 6/11/2007 23. 35.-1-25 Peconic Landing/Brecknock Hall 10-0 Greenport R-80 136 0.00 BS 9/21/2006 10/2/2006 8/13/2007 24. 95.-2-5 Peconic Recycling &Transfer II Cutchogue LIO 118164 32,000.00 BS 4/24/2007 4/23/2007 8/11/2008 25. 51.-3-4.3 Purita Winery Southold A-C 3.7 6,034.00 10/11/2007 10/15/2007 3/10/2008 26. 102.-3-1 Rich's Auto Body Cutchogue R-40 37428 1,759.00 AF 11/14/2005 5/8/2006 27. 63.-1-15 RMB Realty, LLC (Medical Arts Bldg) Southold LB 2.437 14,000.00 BS 1/27/2004 2/9/2004 1/10/2006 28. 63.-6-4 Romanelli Brothers, LLC. RO 0.598 3,359.00 BS 9/12/2006 29. 63.-1-22.2 RWM Enterprises, Inc. aka Colonial Southold B 121355 4,556.00 7/11/2006 30. 45.-2-2 San Simeon by the Sound 2008 Greenport HD 3.58 41,813.00 BS 5/14/2008 9/22/2008 31. 59.-3-31 SAVES, Inc. Southold B 0 0.00 KW 9/23/2008 1/12/2009 32. 141.-3-44 Seifert Construction Mattituck LI 11517. 3,120.00 BS 6/18/2007 6/25/2007 3/10/2008 33. 55.-2-18.1 Southold Floor Covering Southold B 0.63 7,165.00 BS 12/4/2003 12/8/2003 12/13/2004 34. 59.-10-1 Sparkling Pointe Winery Southold A-C 11.5 11,541.00 BS 5/3/2004 5/17/2004 9/11/2007 Incomplete Application - In Active 1. 18.-2-22.1 Sprint @ Orient Congregational Chur Orient 0 0.00 Incomplete Application -Active 1. 84.-1-32.1 Corazzini, Richard 2007 Cutchogue LI 0 0.00 2. 122.-7-3.2 Lenny's/Jerome Mattituck B 0 0.00 KW 4/25/2008 3. 117.-8-18 New Suffolk Waterfront Project 2008 New Suffolk 0 0.00 4. 96.-1-19.1 Nextel/BCI Communications/Junge Cutchogue LI 0 0.00 9/11/2007 5. 100.4-5.3 Sherwood House Vineyards, LLC 0 0.00 SPUD 1. 96.-1-1.6 ARTCO Cesspool & Drain Service, Inc Cutchogue LI 0 0.00 2. 86.-1-15 Barb's Veggies Peconic A-C 0 0.00 3. 60.-1-6 Burt's Reliable 2009 Southold LI 0 0.00 4. 69.-4-8.2 Ciaglo, Chester Jr. Peconic A-C 0 0.00 5. 15.-9-3.5 Cross Sound Ferry 2008 Parking Orient R-80 0 0.00 6. 83.-3-8 Droskoski Cutchogue LI 0 0.00 7. 85.-1-3 Hamilton Coastal Plantings Cutchogue A-C 0 0.00 8. 19.-1-19.1 Omnipoint Communications 2009 Cutchogue 0 0.00 9. 109.-2-17.1 Omnipoint/Cutchogue Presby. Church Cutchogue R-40 0 0.00 10. 9.-7-11.1 Omnipoint/Our Lady of Grace Church Fishers R-80 0 0.00 11. 18.-5-13.8 Orient Fire District 2009 Wireless Orient R-80 0 0.00 KW 12. 31.-3-17 Quintessentials East Marion HB 0 0.00 KW 13. 85.-3-11.4 Raphael Vineyards 2009 Peconic A-C 0 0.00 KW 14. 74.-5-9.2 Rosko, John Peconic HB 0 0.00 TS 15. 102.-5-3 Terp, Alfred Cutchogue 0 0.00 16. 95.-1-5.2 Warren's Nursery Cutchogue A-C 0 0.00 KW SPUD Status Total: 54,7,EAST-MAIN STREET -LONG 'j'S N:D RIVERHEAD.`NEW'YORK 1.1901, P'(63 H 3-64-3300' ' , VINE''BA'9 ENS,, F .(63113,69-33,'89. ^r S. O:,C. � � •T. �Y;� r r `Y 1 June;Z,' 009 _ WWWPINEBARRENSORG;,' IVIs:bizabeth.Neville -Town Clerk -, .'Records Acces&Off r. JUN 09:' d Town,of`Siuthold. Y.. _PO'Boxj1'79�. _ �' r 'Souffotl T6,��a''{ 6�r Southold,; NY"1=1971: Re Freed Information Law Request ear'Nis.'Neville; Under-the'provisions,of;the"New York'Freed om'of:Inf6mIation-Law, Articl&6-of`the I F Public,Officers ''we', e-reby,request:', , 6.list of-all•p'ending'.-siteplans;' - ;propose &and/6r.pending sub-divisions';and, - all:pend!pg`-changes of`zone'-applic`ations = ''w'ithin,Southold-'Town. As:you,know, the,Freedorri'of,lnformatiori Laiti.,req,uires-_tha't•an=agency-respond�wi. n five.business days,of-receipt of a,request.. Therefore,_I-would appreciate a;response as soon,as,possible-and,look forward-to h'6ahing'•fron you..:I-will'of course.pay,any"fees in "r- connection,'with this'request. We.do not request•for�any'd6cument§jo be-copie'd,at this .. . --time.* - - `',. - , - -, _ - •- <. - ` ; Thank you for,"your assisfance.;-, Beth''Motschenbadher-, I _ ' - Project";Coordiriator.I;'. Longi Islantl Pine [ arrens:Society, �,P' �1 . Southold Town Board- Letter Board Meeting of May 19, 2009 RESOLUTION 2009-407 Item#5.30 ADOPTED DOC ID: 5024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-407 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD-ON MAY 195 2009w- WHEREAS, 009:WHEREAS, an application has been submitted by MIMS Holding, LLC, 5780 West Mill Road, Mattituck,NY, for property located at 1885 Home Pike, Mattituck,NY,more specifically known and identified as Suffolk County Tax Map#1000-106-6-13.4; and WHEREAS, the application involves amending the zoning map of the Town of Southold by changing the zoning on 16.25 acres of the 33.75 acre site from its current R-80 single family residential district designation to the MII, Marine II district; and WHEREAS, pursuant to the requested rezoning, it is the applicant's intention to file an application to renovate and expand the current Marina facility including the'installation of 200 new boat slips and a yacht club and boat club with amenities; and ' l WHEREAS, in accordance with theprovisions-of 6 NYCRR Part 617, the Town Board of the Town of Southold intends to serve as Lead Agency for the SEQR Review of this Type I Action, and in this capacity, will determine if the proposed action will have a significant effect on the environment; and WHEREAS, it is the intention of the Lead Agency to undertake a coordinated review of this action. NOW,THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby designates its intention to serve as Lead Agency for the SEQR Coordinated Review of this Action, and directs the Lead Agency Notice to be circulated, along with the Environmental Generated May 27, 2009 Page 40 Southold Town Board - Letter Board Meeting of May 19, 2009 Assessment Form, to all involved agencies. Involved agencies shall be given 30 days from the mailing of the Lead Agency Notice to challenge the Town Board's designation. RESOLVED that the Town Clerk be authorized and directed to forward this to the Suffolk County Planning Commission and the Southold Town Planning Board. BE IT FINALLY RESOLVED that this resolution shall have an effective date of May 19, 2009. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated May'27, 2009 Page 41 „ dit - . PART 2-PROJECT IMPACTS AND THEIR MAGNITUDE . Responsibility of Lead Agency General Information(Read Carefully) I In.completing the form the reviewer should be guided by the question: f=lave my responses and determinations been reasonable?The reviewer is not expected,to bean expert environmental analyst. ! The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in Column 2. The examples are generally applicable throughout the State and for most situations. But,for any specific project or site other examples and/or lower thresholds may be appropriate for a. Potential Large Impact response,thus requiring evaluation 16 Part 3. t The impacts of each project,on each site,in each locality,will vary. Therefore,the examples are illustrative and have been offered'ss guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. ! The number of examples per question does not Indicate the importance of each question. I In Identifying impacts,consider long term,short term and cumulative effects. Instructions(Read carefully) a: - Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe'answers should be considered as Yes answers. a If answering Yds to a question then check the appropriate box(column 1 oy 2)to indicate the potential size of the impact.If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. Identifying that an Impact will be potentially large(column 2)does not-meen that it is also necessarily significant. Any large impact must be evaluated.In PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. if reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact:checked in column 2 can be mitigated by changes)!n the project to a small to moderate impact,'also check the Yes box in column 3. A No response indicates that such a reduction is not possible.-This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact impact Project Change Impact on Land 1..Will the Proposed Action result in a physical change to the project site? NO E] YES ral Examples that would apply to column 2 • Any construction on slopes of 15%or greater,{15 foot ®Yes [j]No rise per 100 foot of length),or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table ® 4 Yes No is less than 3 feet., I • Construction of paved parking area for 1,000 or more ® © © Yes [:]No vehicles. • Construction on land where bedrock is exposed or © Yes ©No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or Yes ®No involve more than one phase or stage. • Excavation-for mining purposes that would remove El ■l E].Yes [E No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can'Impact Be . Moderate Large Mitigated,by Impact Impact Project Change • Construction or expansion of a santary landfill. ^© © Yes ©No • Construction in a designated floodway. © 0 .'Yes Q No • Other impacts: ® ® ©Yes rlNo 2. Will there bean effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) ri NO YES " • Specific land forms: ® ®Yes �No Hillside as part of geology of Mattituck Inlet river basin. Impact on Water 3_ Will Proposed Action affect any water body designated as protected? (Under Articles.15,24,25 of the Environmental Conservation Law, ECL) ElNO Mn YES Examples that would apply to column 2 • Developable area of site contains a protected water body. Q ®' Yes s' No • Dredging more than 100 cubic yards of material from channel of ® ©Yes Q No a protected stream. • Extension of utility distribution facilities through a protected water ® ®Yes [:JNo body. • Construction in a designated freshwater or tidal wetland. ®Yes No Other impacts: ® E]Yes ©No Dredging of more than 100 cubic yards along Mattituck Creek estuary. 4. Will Proposed Action affect any non-protected existing or new body of water? • []NO F.IYES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of ® © El Yes ©No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ® © ®Yes ©No area. Other impacts: ® E ©Yes [j]No An increase of 9.9 acres of a water body. Page 12 of 21 .t : t 1 2 3 Small to Potential Can Impact Be Moderate Large' Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or -- quantity? NO YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. © © [:]Yes ®No • Proposed Action requires use of a source of water that does not r-1 Yes EJNo have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater ® ® [:]Yes [:]No than 45 gallons per minute pumping capacity. • Construction oroperation causing any contamination of a water ® ©Yes ©No supply system. • Proposed Action will adversely affect groundwater. ® ® ©Yes ®No • Liquid effluent will be conveyed off the site to facilities which. ® © [:]Yes No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons © ®Yes ©No per day. • Proposed Action will likely cause siltation or other discharge into 'D Yes No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or n . © [JYes 0 No chemical products greater thdn 1,100 gallons. • ProposedAction'will allow residential uses in areas without © . [:]Yes 0 No water.and/or sewer services. • Proposed Action locates commercial and/or industrial uses n Yes .®No which may require new or expansion of existing waste treatment and/6r-storage facilities. • Other impacts: MYes [:]No Use of boats,storage,maintenance,repair,in marine waters and/or yard areas and potential storage,release of chemicals and impacts related to these activities. I Page 13 of 21 1 2 3 Small to Pbtential Can ImpactlBe Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff`? ®NO E]YES Examples that would apply to column 2 []Yes 0 No • Proposed Action would change floodwater flows • Proposed Action may cause substantial erosion. Q Q ®Yes FEINo • Proposed Action is incompatible with existing drainage patterns. El ®Yes No` • Proposed Action will allow development in a designated 0 Yes QNo floodway. ' • Other impacts: ® El ElYes ONo Alteration of tidal water-circulation,currents,and tidal flow along Mattitack Creek. IMPACT ON AIR 7. Will Proposed Action affect air quality? ®NO FMJ YES Examples that would apply to column 2 • Proposed Action will induce 1;000 or more vehicle trips in any © M MYes ©No given hour. • Proposed Action will result in the incineration of more than 1 ton 0 © M Yes 0 No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs.per hour El © ®Yes- ENo or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land M ® ®Yes No i committed to industrial use. • Proposed Action will allow an increase in the density of ,l © ®Yes No industrial development within existing industrial areas. • Other impacts: 0 DYes No Encroachment ofa use that creates exhaust and air emissions into a residential area. IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? MNOpYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or [j] DYes [j]No Federal list;using the site,over or near the site,or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. © ® ®Yes ®No • Application of pesticide or herbicide more than twice a year, ® © [:]Yes ®No other than for agricultural purposes. • 'Other impacts: © Yes No t _ 9. Will Proposed Action substantially affect non-threatened or non- endangered species? ®NO 0 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® ©Yes Na or migratory fish,shellfish of wildlife species. • Proposed Action requires the removal of more than 10 acres of 0 Yes ®No mature forest(over 100 years of age)or other locally important vegetation. • Other impacts:, © 0 ©Yes El Removal of 9.9 acres of vegetated hillside,some of which may contain forests over 100 years old. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? 0 NO ©YES . Examples that would apply to colur n.2 • The Proposed Action would sever,cross or limit access to © © 0 Yes D No agricultural land(includes cropland,hayfields,pasture,vineyard, orchard,etc.) • Construction activity would excavate or compact the soil profile of © © ®Yes ®No agricultural land. • The Proposed Action would irreversibly convert more than 10 © 0 Yes ®No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21• 7 1 2 g Small to Potential Can Impact!¢ e Moderate Large Mitigated by Impact Impact Project Cha�irge • The Proposed Action would disruptor prevent installation of ❑ © ❑Yes El No agricultural land management systems(e.g.,subsurface drain G� lines,outlet ditches,strip cropping);or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff). • Otherimpacts: ❑ ❑ Dyes- ❑No IMPACT ON AESTHETIC RESOUROES • 11. Will Proposed Action affect aesthetic resources?(If necessary,use the V1sUai EAF Addeodum in Section 617.20,Appendix B.) N O ❑. YES Examples that would apply to column 2 • Proposed land uses,or project components obviously different ❑ '❑ ❑Yes "Q No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. j • Proposed land uses,or project components visible to users of © L�.I [:]Yes No. aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of'that resource. f • Project components that will result in the elimination or El © ©Yes ❑No significant screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ El Yes ❑No Expansion of commercial'use along Matdtuck Creek tidal estuary. 110PACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES i 12. Will Proposed Action impadt any site or structure of historic, I3 prehistoric or paleontological importance? �NO YES Examples Examples that would apply to column 2 i • Proposed Action occurring wholly or partially within or ❑ © ❑Yes ❑No substantially conti9uous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ❑ © ❑Yes ❑No i the project site, • Proposed Action will occur in an area designated as sensitive © L Yes ❑Nq for archaeological sites on the NYS Site Inventory. _ II Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by . Impact Impact Project Change • Other impacts: ® ®Yes ©No IMPACT ON OPEN SPACE AND RECREAT16N 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ®NO [DYES Examples that would apply to column 2 • The permanent foreclosure of afuture recreational opportunity. ® Yes �No • A major reduction of an open space important to the community. n [3 DYes QNo • Other impacts: Q © ©Yes No Increase in recreational boating opportunities. IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(8)? E]NO- ®YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to colu(nn 2 • Proposed Action to locate within the CEA? © Q MYes nNo i . Proposed Proposed Action will result in a reduction in the quantity of the © M M Yes ®No resource? • Proposed Action will result in a reduction in the quality of the Q ® 0Yes []No resource? • Proposed Action will impact the use,function or enjoyment of the ®Yes [—]No resource? • Other impacts: Q © ®Yes ©No I Page 17 of 21 1 2 3 G Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change f - IMPACT ON i RANSPORTAT1ON ii 15.'Will there be an effect to existing transportation systems? NO ®. YES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or ® ® MYes []No - goods. • Proposed Action will result in major traffic problems. ® LJYes �No • Other impacts: © EYes No Potential truck related construction traffic and increases in vehicle trips in a residential area. 'I IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? P [j]NO [3YES _Examples that would apply to column 2 • Proposed Action will cause-a greater than 5%increase in the © © Yes ]No use of any form of energy in the municipality. I! • Proposed Action will require the creation or extension of an ® © [lYes E]No energy transmission or supply system to serve more than 50 II -single or two family residences or to serve a major commercial or industrial use. • Other impacts: ® © ®Yes EJ No NOISE AND ODOR IMPACT 17. Will there be objectionable odors,noise,or vibration as a result of the Proposed Action? rJNO YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive ®Yes nNo facility. it • Odors will occur routinely(more than•one hour per day). © E]Yes No • Proposed Action will produce operating noise exceeding the ® © LJYes L]No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ® ® ©Yes 0 No noise screen. N • Other impacts: © E DYes 0 No Potential for generation of odors in an area encroaching into residentially zonedlused lands. Page 18 of 21 ' �I 1 2 3 , Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? �NO ©YES Proposed Action may cp ase a risk of explosion or release of © © ®Yes EJ No hazardous substances(i.e.oil,pesticides,chemicals,radiation, etc.)in the event of accident or upset conditions:or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" Q ® ©Yes ®No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities,for one million or more gallons of liquefied © L..I ®Yes E]No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other © nYes [I No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. , • Other impacts: © ©Yes r—]No IMPACT OUGROWfH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? Q NO [EYES Examples that would apply to column 2 • The permanent population of the city,town or village In which the © Q ©Yes E]No project Is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating © ® ©Yes No services will increase by more'than 5%per year as a result of this project. • Proposed Action will conflict with officially adopted plans or ' © E-1Yes 0140 goals. • Proposed Action will cause.a change in the density of land use. 0 ©' Yes ©No • Proposed Action will replace or eliminate existing facilities, © ® []Yes QNo structures or areas of historic importance to the community. • Development will create a demand for additional community n E] ©Yes ©No services(e.g.schools,police and fire,etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large. Mitigated'by Impact Impact Project Change. • Proposed Action will set an important precedent for future �- _ ®Yes No projects. • Proposed Action will create or eliminate employment. ® Yes No • Other impacts: © ®Yes L_'INo Project involves substantial change of zone of residential land for commercial use. 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? E]NO MYES None known;to be determine through review process. 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 Page 20 of 21 � bf� Nemschick Silverman Architects P.c. the business of ARCHITECTURE." Mattituck Inlet Marina Proposed Expansion Southold Town Zoning Code:280-54. "The purpose of the Marine II(MII)District is to provide a waterfront location for a wide range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the bong Island Sound." Mattituck Inlet Marina & Shipyard = (MIMS) is located on the East End of Long Island and has been providing the highest quality workmanship in the marine industry since 1961. Currently the facilities handle all yacht - - - - maintenance, storage and sales. In ' addition MIMS provides access for 100 foot plus pleasure and commercial vessels servicing Long Island Sound. Due to increasing demand and a strong desire to re-vitalize the North Fork nautical tourism MIMS is proposing to expand service and operations dramatically. As the attached documents show MIMS proposes to re- zone the current R-80 acreage to its west to an MII zone, thus doubling its area from 17.5 acres to 33.75 acres. Mauituck Inlet Marina-Current Ariel Kew The actions involve a request to excavate/dredge for expanded harbor limits for 200 new boat slips,increasing from the current forty. In addition MIMS is proposing to provide the following; 1. Marinas for the docking,mooring and accommodation of recreational or commercial boats,including the sale of fuel primarily for the use of boats accommodated in such marina. a. Area of Site utilized: 5.9 acres(251,597 sq.ft.) 2. Boat docks,slips,piers and wharves for charter boats carrying passengers on excursions,pleasure or fishing trips or for vessels engaged in fishery or shellfishery. m,83-{:74.i:Ciilt:n'R`�Ys.VM:d,au.:x na,•J h.t A.a.l�FeSti7W4i+..w�. a. New Boat Basin: 9.9 acres (419,661 sq.ft.) b. Number of Slips: Existing=40 New=200 Total=240 --- •, C. Cubic Yards of excavation=481,000 i 735 Deerfoot Path • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.7a4Z3.4. simile.._.,-�A Ns Nemschick Silverman Architects P.c. ". . . the business of ARCHITECTURE." 3. Yacht club and boat club,including uses accessory to them,such as swimming pools,lazy river and Restrooms. a. Area of Site utilized: 0.92 acres (39,519 sq.ft.) b. Area of Structure(s): 1,000 sq.ft. 4. Boatyards for building,storing,repairing,renting,selling and servicing boats,which include the following as an accessory use:office for the sale of marine equipment or products,dockside facilities for dispensing of fuel and,where pumpout stations are provided,rest room and laundry facilities to serve overnight patrons. a. Area of Site utilized: 6.93 acres (294,998 sq.ft.) b. Area of Structure(s): 87,422 sq.ft. 5. Boat and marine engine repair and sales and display,yacht brokers and marine insurance brokers. a. Area of Site utilized: 0.33 acres (14,016 sq.ft.) b. Area of Existing Structure(s): 1,221 sq.ft. 6. Retail sale and rental of fishing,diving and bathing supplies and equipment accessory to a marina. a. Area of Site utilized: 0.66 acres (28,270 sq.ft.) b. Area of Existing Stmcture(s): 6,572 sq.ft. 7. Restaurants,excluding outdoor counter service,drive-ins or curb-service establishments. a. Area of Site utilized: 0.99 acres (41,941 sq.ft.) b. Area of Existing Structure(s):7,439 sq.ft. 8. Transient Rental Units for Patrons(10 Two story detached living quarters) a. Area of Site utilized: 1.49 acres (63,503 sq.ft.) b. Area of Structure(s):32,000 sq.ft. 9. Museums with a nautical theme and art galleries a. Area of Site utilized: 874 sq.ft. b. Area of Existing Structure(s): 874 sq.ft. 10. Landscaped Area percentage:20.5% 11. Parking: All parking will be accounted for on site. Please note that boat storage buildings will be used for seasonal parking as required. Note: All information provided is preliminary. 735 Deerfoot Path • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com ~?� , s.,.r'� �, r xs.�� .�M. '�•. A'e.. F-•"-_ - ` ��a-. > � ti.� �� ,z,'' wi �'�'t r tr`49, '�r'r�yj„r'���iQ•i�.�" � � e� :S "'3>z`�'A5F �' �f '�i ,y.( e ^E � � _ Y f t�f.N��;� �` .. �" iM+„ r ,7-• r< r'Kk,. 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M ' �r �Sa'.fis y3��'•: ra .���"•"�` � _ �' _ •� F1��■O� NYSD Nlattetu�k Iu�let marina, ~ Ili WETLANDS MAP Mattituck IYEU,d POPE G VIXJfi 15 LLL: Source: NYSDEC Tidal Wetlands Map, NORTH E� "C"nFNTAL,PL,At I� -C�Ia- X, #704-542&706-542 SEQP-A Review Scale: 1"=800' .cs�a ��q$�'=�:':'�^Fe��"•,,. $t •'.,;�'`;,,�'z`z,`.''��n.,.��&."�"'w"`�:a��^�yzi s,�stiu^; --- ,�'"".�r�• ti:z irc�,� ��y� xc,A � "fir,." �� ✓ :#*�. <� »rTz µah "��"�""� `.x.ck.�e,� �,�,°'mac). ZONE XI3ecCc "i>„✓m. 5 ✓ 'a .ntr ;' r3 �.^"�;' _ •- � 6f:J��4i"n��v, xr���ea vVC4w� �� ���.�`,i. ZONE X > ZONE ..�,M, m no�yN Town of 'Southold ^;M � z y� 36Q$13 0 �`� : •� ��>x;.�;. �a t�;�;� .12 ,.;�"' Vic: �".;r;;••�,� �' NICK ' t` •Yu ZONE Xcc Q'SeR, r 0/1 -Sa`l VIEW P� — ZONE ..� � n FIGURE 6 Mattituck Inlet Marina, FEMA FLOOD ZONES Mattituck Ilir � �r :, POPE 6 LLC Source: FEMA Ma #36103C0143G NORTH Ery V6iOfJINE[`1TAL•PIAINl Ca`S�_&TWG ) P Scale: 1"=400' SEQRA Review Mattituck Inlet Marina W 46 r .yea 1"Z S*, ;Legend11 114 B*Ckgrotlnd Maps ;t armed Quads) state Parlay Wk ustsi6� ;i��''' t r% `�' '�'',s• ti,: iC'�µ Federal E1191 ift Ir�..xii,+ , err ,� e �� .��.vf •s� 'g. �pix Nationa€lRegW.er Lived !r/.rPr• .t r ii�Jr L r� ti rlr• r / rapfain&+lel �r- 4L�ati e+^s� r Z' �� `' t !.i•f ® Stat* a (st r Lf$&@d (only) :M'f `r%�,r u• w ,!,.. }• wti wx :�` `..; Uating in Progress �4�'•s'''4 e � !`F •'•• r'' 'by' 7 �ti, �,4 p��I'P4. �' y'rro' I• y y `{ County Boundaries `•gyp, �+f'K•�r"i 'rr�,,r�^'+V 1p ti d • • "`� N . '!s 'i �,,�t'`"Pw i (V[',� •. ✓.rte rh;,.•� ti ►,4 ,3,�!, /���} .q�•�•.�ry S l ',, 1f ''���V� S, 'V7 1.r,t7.7.4itir +!' ,��,� �i • 'fr/ r... "rJ:.ffY fSSJ7JiJil.,. i r , •4\�r� '•1yI •�.+♦ `�,�rYtG� *X.v4 •(r��...� �/ a •IIF.Md/' �r e71 • ;7 •fr A, 4' n.N';:;'''��i, •,' ,'�j••tib 4 !1![ 1 i' J�• •Z , •v k.y� F' � a�'a' rsN , �' .•,• � ,, 7R y r a �f� 3fiC •s Mts:s a � `� ,1 4` 7 .�hl S�'I$��_}�:..`;..•ti '�ey�!1� �w�.r w, f �� �� n �•Yiti.�y '� h �P, , }k c ' March 13, 20Q9 Disclaimer: This map was prepared by the New York State Parks, Recreation and Historic Preservation National Reg aster Listing Internet Application. The Information was compiled using the most current data available. It Is deemed accurate, but is not guaranteed. FIGURE 7 Mattituck Inlet Marina, CULTURAL RESOURCES MAP Mattituck �+ Source: NYS Historic Preservation Office NORTH PCLSOM POPE s wORwg LLC PLAI• rr.•CCft"J1'TNO Scale: 1"=3,000' SEQRA Review Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, July 24, 2009 2:20 PM To: Lanza, Heather Subject: MIIMS Attachments: addresses notices MIMS_20090724130422.pdf addresses notices MIMS_2009072... Heather, Please review these names/addresses. As far as a party of interest, I don't have any on file, do you? Do you have the name and mailing address of the applicant, James Pape? I don't have enough copies of the maps. Shall I send the copies with the maps to the local regional offices, rather than the Albany offices? The two(2) maps you sent copies over are only the site plan and a drawing/picture of the fagade of the project. They are not boundary/radius maps. I have only two(2) extra copies of fhte boundary/radius maps in the file. Who shall I send these to?The Suffolk County Planning,Commission and one other. These are the original maps submitted on September 26, 2007. They will not match the notices to adjacent property owners. Please call me. Thank you, Betty Elizabeth A. Neville Southold Town Clerk PO Box-1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 1 Page 1 of 1 Neville, Elizabeth From: Jessica Zanca [JZanca@akrf.com] Sent: Thursday, July 23, 2009 4:14 PM To: Neville, Elizabeth Subject: Mattituck Inlet Marina Hello Ms. Neville, Can you tell me if the Town issued a Positive Declaration for the Mattituck Inlet Marina change of zone application? I found the May 19,2009 resolution declaring the Town as the Lead Agency but I couldn't find the Positive Declaration resolution. Thank you in advance for your time, Jessica Zanca Technical Director . ........................... ...... ... . . ......................... AKRF, INC. Environmental, Planning, and Engineering Consultants 3900 Veterans Memorial Highway, Suite 300 1 Bohemia, NY 11716 P)631.574.3723 I F)631.285.6919 www.akrf.com 7/24/2009 *pF SO(/jyo r ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS cn Southold, New York 11971 MARRIAGE OFFICER ® �O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Oly Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER - C�(f NT{, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: MIMS Holding, LLC (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 - 1 0 6 •3 0 - 0 6-D0 - 0 1 3 . 0 0 4 District Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in a accordance witli the Section 100 -_of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/A where not applicable) 1. Four(4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within two hundred (200) feet of all boundaries of the property to be amended. 4. Metes and bounds description of the proposed amendment. Y S. Appropriate Envirornnental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAT to be prepared. See Chapter 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Naive Of Applicant(s): MIMS Holding, LLC Address: 5780 West Mill Road, Mattituck, New York 11952 Telephone No. 631-298-4480 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: N/A Title: Address:(if different) Telephone No.: 3. Landowner(s): MIMS Holding, LLC Title: Address: same as above Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: John T. Metzger Title: NameofFirm: Peconic Surveyors, P.C. Address: P.O. Box 909, 1230 Traveler Street, Southold, New York 11971 Telephone No.: 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant:., Name: William C. Goggins Title: Name of Firm: William C. Goggins, P.C. Address: P.O. Box 65/13105 Main Road, Mattituck, New York 11952 Telephone No.: 631-298-4200 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: William C. Goggins Title: Attorney Address: same as above Telephone No.: C. SITE/PROJECT DATA: 1. Location of Property south yr ��Yan r �Of (north/south/east/west) (street) Mill Road feet or road) (nortb/south/east/west) of Mattituck (nearest intersecting street) (hamlet) 2. Existing zoning districts) R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s) M II 4. Lot area: approx. 631,274 sq. ft or acres Total project 33.4838 acres to tie lines 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE November 3, 2004 12359 240 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? X YES NO 7. All buildings and structures are shown on the survey? x YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area 0 sq. ft. Lot coverage 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept,the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning snap. D. AGENCY COORDINATION AND SEORA (Scc Part 617, NYCRR and Chapter of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) Toix— road: Mill Road 2. is Me Site within any other areas of review Of the SUIIOl1C County Planning Commission? YES x NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act (SEQRA) and Chapter of the Town Code? x YES NO. If yes, what area? Mattituck Inlet 4. Type I, Type II or Unlisted Action (circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? x YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. APPLICANT'S SI ATURE Sworn bere me this day of a ch , 20 06 . l�(4 ARY PUBLIC DONNA M. PALMER Notary Public,State of New York No.01 PA5069978, Suffolk County Cotnmisslnn Fxnir-- nncamher 9._ C / G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk _ James Pape being by me duly sworn, deposes and says: 1. I am an applicant for a projector an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Mattituck Inlet Marina 3. 1 reside at 1885 Home Pike, Matti uck.—xaw YnLrk i-195� 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE James Pape 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. . 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf Yes No 1. Owner X 2. Applicant x 3. Agent for owner or applicant X 4. Attorney X 5. Other X JAMES PAPE SIGNA/IV/ Sworn before me this ( h' Day of , 20 06 } r , NOTARY PUBLIC V DIANA F.LOCROTONDO Notary Pubgfc,State of New Yolk No.01 L06146740,Suffolkily Commission Fx0es May 22,�� 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not 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 enough 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. Pajt 2: Focuses on identifying the range of possible impacts that may occur fioni a project or action. It piovides 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 Pai t 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: F Part-1 F Part 2 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information, and considering both the magnitude and importancq of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Mattituck Inlet Marina Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of ReWonib erWC. GO INS Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) 4'�- 1 -�' 6 website U Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE- This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies,, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. Name of Action Mattituck Inlet Marina Location of Action(include Street Address, Municipality and County) 5780 West Mill Road, Mattituck, New York 11952 Name of Applicant/Sponsor Mattituck Holding LLC Address 5780- West Mill Road/P.O. Box 1408 City/PO Mattituck State New York Zip Code 11952 Business Telephone 631-298-4480 Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: Zone change from R-80 to M II; Development of property to expand and modernize existing marine. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use:M Urban ®Industrial ©Commercial ®Residential (suburban) L2J Rural (non-farm] 0 Forest ®Agriculture ®Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other(Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: M Well drained %of site Moderately well drained %of site. 17 Poorly drained %of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres(see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? ® Yes R No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: E10-10% % E110- 15% % FIX 15%or greater 40 % 6. Is project substantialiv contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes M No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes FI-11 g. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? E]Yes El No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? n Yes E]No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes ®No Accordin to: Identify each species: 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations? Yes � No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? nYes No If yes, explain: I 14. Does the present site include scenic views known to be important to the community? E]Yes Xi No 15. Streams within or contiguous to project area: No a. Name of Stream and name of River to which it is tributary i 16. Lakes, ponds, wetland areas within or contiguous to project area: Yes, Mattituck Inlet b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? V-1 Yes No a. If YES, does sufficient capacity exist to allow connection? ®Yes ®No b. If YES, will improvements be necessary to allow connection? _2 Yes �No 18. Is the site located inan agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes N 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? 17X Yes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes X No B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped: acres. 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 proposed g. Maximum vehicular trips generated per hour: (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.)will be removed from the site? tons/cubic yards. 3. Will disturbed areas be reclaimed ®Yes E]No N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ®Yes ® No c. Will upper subsoil be stockpiled for reclamation? P Yes F] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? MYes M No 6. If single phase project: Anticipated period of construction:1_months, (including demolition) 7. If multiphased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? FJ Yes El No 8. Will blasting occur during construction? F Yes ®No 9. Number of jobs generated: during construction 20 ; after project is complete 8 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? F]Yes D No If yes, explain: On site relocation of storage and use facilities 12. Is surface liquid waste disposal involved? Fl _�Yes M No a. If yes, indicate type of waste (sewage, industrial, etc) and amount boat washing/cleaning b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes FINo Type 14. Will surface area of an existing water body increase or decrease by proposal? F]Yes El No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? X®Yes No 16. Will the project generate solid waste? ®X Yes ©No a. If yes, what is the amount per month? .1 tons public and private bathrooms b. If yes, will an existing solid waste facility be used? F-]Yes El No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ®Yes ® No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? Files F1No Minor; generated by private and public bathrooms as well as a boat a. If yes, what is the anticipated rate of disposal? tons/month. discharge facilities. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ®Yes Fx]No 19. Will project routinely produce odors (more than one hour per day)? F]Yes EINo 20. Will project produce operating noise exceeding the local ambient noise levels? Yes©No During construction 21. Will project result in an increase in energy use? F Yes 1:1 No If yes, indicate type(s) electric and water 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? n Yes n No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date Zone change City, Town, Village Board ®Yes M No Site plan City, Town, Village Planning Board ®Yes F No Variance City, Town Zoning Board Yes ® No Approval City, County Health Department rJ Yes No Other Local Agencies El Yes © No Trustees Unknown Other Regional Agencies EJYes Ex] No State Agencies F1 Yes ® No DEC Army Corp of Engineers Federal Agencies ®Yes E]No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? fflYes ® No If Yes, indicate decision required: 1771 Zoning amendment 10 Zoning variance ® New/revision of master plan F1 Subdivision ESite plan ® Special use permit Resource management plan X® Other Page 8 of 21 2. What is the zoning classifications) of the site? R-80 convert to M—II 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 12-14 Residences 4. What is the proposed zoning of the site? *(—II 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 12-14 Residences 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? FiYes ®No 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? M—II, R-80, R-40 8. Is the proposed action compatible with adjoining/surrounding land uses with a '/4 mile? Yes ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ® Yes ®X No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, Fre protection? ®Yes ®X No a. If yes, is existing capacity sufficient to handle projected demand? E]Yes F1 No 3 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes No a. If yes, is the existing road network adequate to handle the additional traffic. nYes E]No 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 information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page-10 of 21 PART 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information(Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. ! The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But,for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response,thus requiring evaluation in Part 3. I The impacts of each project,on each site,in each locality,will vary. Therefore,the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts,consider long term,short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. Identifying that an Impact will be potentially large(column 2)does not mean that it is also necessarily significant Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ® YES Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot F ® ® Yes ®No rise per 100 foot of length),or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table E n Yes r]No is less than 3 feet. • Construction of paved parking area for 1,000 or more ® ® ® Yes 0 No vehicles. • Construction on land where bedrock is exposed or ri ® Yes ®No generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or F-1 [D ® Yes FJNo involve more than one phase or stage. • Excavation for mining purposes that would remove ® Yes []No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change I • Construction or expansion of a santary landfill. ® MYes O No • Construction in a designated floodway ® Yes ®No • Other impacts: ® E]Yes ®No 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) n NO ®YES • Specific land forms: M E]Yes O'No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ©NO YES Examples that would apply to column 2 • Developable area of site contains a protected water body. E]Yes 'No • Dredging more than 100 cubic yards•of material from channel of ® [7, Yes ®No a protected stream. • Extension of utility distribution facilities through a protected water 11 D Yes ®No body • Construction in a designated freshwater or tidal wetland. F Yes E]No • Other impacts: El ® ®Yes ®No 4. Will Proposed Action affect any non-protected existing or new body of water? ONO nYES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of ® ® ©Yes ®No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ® Yes D No area. • Other impacts: © ®Yes ®No i, Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? �NO 1-J,F-" Examples that would apply to column 2 • Proposed Action will require a discharge permit. ® 11Yes ®No • Proposed Action requires use of a source of water that does not ® Yes ®No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater ® ® FlYes n No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water © ®Yes n No supply system. • Proposed Action will adversely affect groundwater. ® ® ®Yes 11 No • Liquid effluent will be conveyed off the site to facilities which 11 El E]Yes ®No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons © F] ®Yes ®No per day. • Proposed Action will likely cause siltation or other discharge into F1 D E]Yes E]No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or F-1 ® ®Yes ®No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without El 11-1 D Yes 0 No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ® ® P Yes ®No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: © ® E]Yes ©No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by' Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? ®NO ®YES Examples that would apply to column 2 • Proposed Action would change flood water flows ® r FlYes M No • Proposed Action may cause substantial erosion. Yes ®No • Proposed Action is incompatible with existing drainage patterns. 1-7 E]Yes 11 No • Proposed Action will allow development in a designated E] El E]Yes ON' floodway. 17-71 • Other impacts: © ®Yes ®No r IMPACT ON AIR 7 Will Proposed Action affect air quality? ®NO ®YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any ® E]Yes nNo given hour. Proposed Action will result in the incineration of more than 1 ton ® El Yes E1,No of refuse per hour. ' • Emission rate of total contaminants will exceed 5 lbs per hour ® ® ®Yes ®No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ® E]Yes IDNo committed to industrial use. • Proposed Action will allow an increase in the density of © El Yes ®No industrial development within existing industrial areas. • Other impacts: El E]Yes ®No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ®NO YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ® El E]Yes E]No Federal list, using the site,over or near the site,or found on the site. Page 14 of 21 a 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ® ® ®Yes n No • Application of pesticide or herbicide more than twice a year, ® ® F]Yes n No other than for agricultural purposes. • Other impacts: © 11 ®Yes E]No g. Will Proposed Action substantially affect non-threatened or non- endangered species? ®NO F-1 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® ® ®Yes ®No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ® [D E]Yes ®i No mature forest(over 100 years of age)or other locally important vegetation. • Other impacts: ® ® ®Yes 0 No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? NO ®YES , Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to F1 0 R Yes ®No agricultural land(includes cropland, hayfields,pasture,vineyard, orchard,etc.) • Construction activity would excavate or compact the soil profile of ® Yes ®No agricultural land. • The Proposed Action would irreversibly convert more than 10 ® F�Yes ®No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. e Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ® ® F]Yes No __.. agricultural land.management systems(e.g.,subsurface drain — lines,outlet ditches,strip cropping),or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff). • Other impacts: ® ® ®Yes ©No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary, use the Visual EAF Addendum in Section 617.20,Appendix B.) ®NO ©YES Examples that would apply to column 2 • Proposed land uses,or project components obviously different r] n Yes EJ,No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. • Proposed land uses,or project components visible to users of ® 0 Yes E]No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or ®Yes M"No significant screening of scenic views known to be important to the area. • Other impacts: E E]Yes [];No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ®NO YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or ® Yes No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ® ® ®Yes ®No the project site. • Proposed Action will occur in an area designated as sensitive ® D Yes No for archaeological sites on the NYS Site Inventory Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ® 1:1 EJYes ®No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ® NO nYES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ® ® ®Yes ®No • A major reduction of an open space important to the community. ® ® O Yes ®No • Other impacts: ® ® ®Yes [3No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14 Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(8)? F-INO MYES List the environmental characteristics that caused the designation of the CEA. , Examples that would apply to column 2 • Proposed Action to locate within the CEA? ® M Yes No • Proposed Action will result in a reduction in the quantity of the ® 0 Yes E]No resource? • Proposed Action will result in a reduction in the quality of the M ®Yes; ONo resource? • Proposed Action will impact the use,function or enjoyment of the D Yes ®No resource? • Other impacts: DYes 0 N Page 17 of 21 1 2 3 Small to Potential Can Impact Be' Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ® NO ®YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ® ® []Yes R No goods. • Proposed Action will result in major traffic problems. ® ® E]Yes [—I No • Other impacts: ® ®Yes ®No IMPACT ON ENERGY 16 Will Proposed Action affect the community's sources of fuel or energy supply? ®NO nYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the ® ® 0Yes ®No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ® rJYes ®;No energy transmission or supply system to serve more than 50 single or two family residences or to,serve a major commercial or industrial use. • Other impacts: El ® ®Yes ®-No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise,or vibration as a result of the Proposed Action? ©NO YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive ® n Yes F1No facility. ` • Odors will occur routinely(more than one hour per day). n Yes O No • Proposed Action will produce operating noise exceeding the ® ®Yes ®No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ® ®Yes No noise screen. • Other impacts: ® ®Yes ®No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? El NO 11 YES • Proposed Action may cause a risk of explosion or release of nYes ®No hazardous substances(i.e.oil,pesticides,chemicals, radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" ® ®Yes ®No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of liquefied E ® nYes El No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ® ® ®Yes 11 No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ® r] nYes ®No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ©NO ®YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the ® El E]Yes EJNo project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ® ® nYes ®No services will increase by more than 5%per year as a result of this project. • Proposed Action will conflict with officially adopted plans or DYes 0 No goals. • Proposed Action will cause a change in the density of land use. ® ® E]Yes ®No • Proposed Action will replace or eliminate existing facilities, ® ® ®Yes IDNo structures or areas of historic importance to the community. • Development will create a demand for additional community ® ®Yes ®No services(e.g.schools,police and fire,etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ® ® Yes ®No projects. _ - • Proposed Action will create or eliminate employment. ® ® E]Yes ®No • Other impacts: © EJ E]Yes ®No 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? ®NO YES 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 Page 20 of 21 Part 3 -EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s)is considered to be potentially large,even if the impact(s)may be mitigated. Instructions (If you need more space,attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(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 occurring ! The duration of the impact ! Its irreversibility,including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals I Whether known objections to the project relate to this impact. Page 21 of 21 ii -T I i, THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK: i STATE OF NEW YORK l In the-matter of the application-of u MATTITUCK HOLDING LLC AFFIDAVIT t• Ij i fi ii STATE OF NEW YORK ) , 's )ss: COUNTY OF SUFFOLK) Re: Mattituck Holding LLC/Mattituck Inlet Marina 5780 West Mill Road, Mattituck, New York SCTM No. 1000-106.00-06.00-013.003 3 JAMES PAPE , being duly sworn deposes and says: a I an a stockholder and officer of Mattituck Holding LLC and I hereby authorize my attorney William C. Goggins to act on my behalf and on behalf of the applicant, Mattituck Holding, LLC in connection with applications before the Town Board, the Planning Board, the Trustees and the Zoning Board of Appeals in the Town of Southold. S PAPE ! i; Sworn to before me this !' day of February, 2 0 i. -P46 it tary Public i! I s i! it i1 ii i; • Barrett, Bonacd & Van Weele, P.C. CIVIL ENGINEERS/SURVEYORS/PLANNERS M.I.M.S. A060606 200'RADIUS OWNERS LISTING 1000-099-04-023 1000-106-06-013.01 CHARLES &MAUREEN CARAFTIS JAMES D STAVRINOS P O BOY 78 1845 CENTRAL DRIVE MATTITUCK NY 11952 MATTITUCK NY 11952 1000-106-06-001 1000-106-06-013.07 ALFI1-E'D W COOKS DAVID W&DONNA M BOSCOLA 72 LOUIS STREET 5106 WEST MILL ROAD STATEN ISLAND NY 10304 MA ITITUCK NY 11952 1000-106-06-002, 020.03 1000-106-06-020.01 TOWN OF SOUTHOLD THOMAS P MCGUNNIGLE JR 53095 ROUTE 25 &JENNIFER L MCGUNNIGLE P O BOY 1179 2010 MILL ROAD SOUTHOLD NY 11971 IVIATTITUCK NY 11952 1000-106-06-003, 004.01 1000-106-06-020.03 JEREMIAH M&ELIZABETH DALY TOWN OF SOUTHOLD 5775 WEST MILL ROAD 245 BAYVIEW AVENUE IYLA'ITITUCK NY 11952 MATTITUCK NY 11952 1000-106-06-005 1000-106-06-022.01 WILLIAM&MARGARET KILLIAN LIPA C/O KEYSPAN CORP P O BOY 446 ATTN: PROPERTY TAY 20TH FLOOR MATTITUCK NY 11952 ONE METROTECH CENTER BROOKLYN_ NY 11201 1000-106-06-007 GLYN B &MICHELLE T WEIR 1000-106-06-023 5550 WEST MILL ROAD RUSSELL J &DENISE ZELLNER IVIATTITUCK NY 11952 805 NORTH DRIVE MATTITUCK NY 11952 1000-106-06-008 DONALD LEOGRANDE 1000-106-06-025 80 WINDSOR AVENUE DAVID C HALLINAN MINEOLA NY 11501 P O BOY 1443 SOUTHAMPTON NY 11969 1000-106-06-010 UNKNOWN OWNER 1 7/12/2006 U 175A Commerce Drive www.bbvpc.com 0 175 North Main Street Hauppauge, NY 11788 Branford, CT 06405 Tel 631/435-1 1 1 1 Tel 203/483-4322 Fax 631/435-1022 r- —» ^-- Mims Holding, LLC 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; PROJECT DESCRIPTION A. DESIGN CONCEPT The reason for the design is to renovate and expand the current Marina facility to provide tourists the opportunity to access the only Sound front harbor in the Town of Southold and permit residents the opportunity to access and enjoy the Long Island Sound. The expansion of the Marina would provide much needed additional boat slips. The facility would also include a pool, living quarters, maintenance/storage building and retail shop for marine supplies and basic sundries. The proposed location of the boat slips and maintenance/ storage building are located in area that will not have a negative impact upon neighboring properties. B. OBJECTIVE OF DEVELOPER The intent of the Developer is to transform the current aged marina and expand it into a state of the art environmentally sensitive facility with pump out stations on both sides of the dock entrances, containment system for waste water as well as use of environmentally sensitive materials. The installation of additional slips would benefit the all who use the Mattituck Inlet by providing boaters a place to keep a boat as opposed to mooring in the creek. A percentage of the slips would be used exclusively for transient boaters. C. COMPLIANCE WITH TOWN CODE and MASTER PLAN Mattituck Inlet and Creek is the only harbor in the Town of Southold fronting the Long Island Sound. This is an important harbor for the North Fork, but more importantly, for the Town of Southold and the Hamlet of Mattituck. R The Town of Southold Local Waterfront Revitalization Program (LWRP)recognizes the Mattituck Inlet Marina as a full service marina having importance significance to the Town. The LWRP further recognizes that the Mattituck Creek is a popular - destination for recreational transient water craft in the summer months, and provides a well protected harbor of refuge. The Marina is an intricate part of the history and heritage of Southold Town. The Marina needs to be improved and upgraded to make it more environmentally sound. The additional boats slips will add to the tourism trade as well as for access by Town residents. The additional boat slips would ease the demand for the installation of moorings in the anchorage area of Mattituck Creek, which moorings are currently opposed by the United States Coast Guard. The installation of moorings would also cause congestion in the creek as well as interference with navigation. The Applicant met with Members of the Planning Board Staff, Members of the Board of Trustees, Members of the Building Department regarding the application and w Nemschick Silverman Architects P.c. the business of ARCHITECTURE." Mattituck Inlet Marina Proposed Expansion Southold Town Zoning Code:280-54. "The purpose of the Marine II(MII)District is to provide a waterfront location for a wide range of water-dependent and water-related uses,which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound." Mattituck Inlet Marina & Shipyard (MIMS) is located on the East End of Long Island and has been providing the highest quality workmanship in the marine industry since 1961. Currently the facilities handle all yacht maintenance, storage and sales. In addition MIMS provides access for 100 hN _ foot plus pleasure and commercial ' vessels servicing Long Island Sound. Due to increasing demand and a strong desire to re-vitalize the North Fork nautical tourism MIMS is proposing to expand service and operations dramatically. As the attached documents show MIMS proposes to re- zone the current R-80 acreage to its west to an MH zone, thus doubling its area from 17.5 acres to 33.75 acres. Mattituck Inlet Marina-Existing The actions involve a request to excavate/dredge for expanded harbor limits for 200 new boat slips,increasing from the current forty. In addition MIMS is proposing to provide the following; 1. Marinas for the docking,mooring and accommodation of recreational or commercial boats,including the sale of fuel primarily for the use of boats accommodated in such marina. a. Area of Site utilized: 5.9 acres(251,597 sq.ft.) 2. Boat docks,slips,piers and wharves for charter boats carrying passengers on excursions,pleasure or fishing trips or for vessels engaged in fishery or shellfishery. a. New Boat Basin: 9.9 acres (419,661 sq.ft.) b. Number of Slips: Existing=40 New=200 Total=240 c. Cubic Yards of excavation=481,000 735 Deerfoot Path 9 Cutchogue, New York 11935 e 631.734.7007 telephone a 631.734.7347 facsimile • www.ns-arch.com 1012-17 Nemschick Silverman Architects P.c. the business of ARCHITECTURE." 3. Yacht club and boat club,including uses accessory to them,such as swimming pools,lazy river and Restrooms. a. Area of Site utilized: 0.92 acres (39,519 sq.ft.) b. Area of Structure(s): 1,000 sq.it. 4. Boatyards for building,storing,repairing,renting,selling and servicing boats,which include the following as an accessory use:office for the sale of marine equipment or products,dockside facilities for dispensing of fuel and,where pumpout stations are provided,rest room and laundry facilities to serve overnight patrons. , a. Area of Site utilized: 6.93 acres (294,998 sq.ft.) b. Area of Structure(s): 87,422 sq.ft. 5. Boat and marine engine repair and sales and display,yacht brokers and marine insurance brokers. a. Area of Site utilized: 0.33 acres (14,016 sq.ft.) b. Area of Existing Structure(s): 1,221 sq.ft. 6. Retail sale and rental of fishing,diving and bathing supplies and equipment accessory to a marina. a. Area of Site utilized: 0.66 acres (28,270 sq.ft.) b. Area of Existing Structure(s):6,572 sq.ft. 7. Restaurants,excluding outdoor counter service,drive-ins or curb-service establishments. a. Area of Site utilized:0.99 acres (41,941 sq.ft.) b. Area of Existing Structure(s):7,439 sq.ft. 8. Transient Rental Units for Patrons(10)Two story detached living quarters) a. Area of Site utilized: 1.49 acres (63,503 sq.ft.) b. Area of Structure(s):32,000 sq.ft. 9. Museums with a nautical theme and art galleries a. Area of Site utilized: 874 sq.ft. b. Area of Existing Structure(s): 874 sq.ft. 10. Landscaped Area percentage:20.5% Note: All information provided is preliminary. r7oljq) _ AL. - 735 Deerfoot Path • Cutchogue, New York 11935 • 631.734.7007 telephone • 631.734.7347 facsimile www.ns-arch.com GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck,New York 11952 Phone: (631)2984200 Fax: (631) 298-4214 WILLIAM C.GOGGINS,ESQ. ANTHONY H. PALUMBO,ESQ. June 8, 2009 TRACY L.KARSCH,ESQ. DONALD A.MATES,ESQ. Of Counsel Office of the Town Clerk DONNA M.PALMER Town of Southold Paralegal P.O. Box 1179, 53095 Main Road Southold, New York 11971 Attn: Elizabeth Neville, Town Clerk Re: 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; Mims Holding, LLC Dear Ms. Neville: In response to your letter dated May 26, 2009, enclosed please find the following: 1. Five (5) copies of site plan; 2. Five (5) copies of Artist's rendering; 3. Five (5) copies of Narrative describing project; and 4. Five (5) copies of Change of Zone Application filed with the Clerk on August 11, 2006. If you have any questions, please do not hesitate to contact the undersigned. Thank you. V�ry truly yours, William . G gins WCG\ enclosures TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE, ' TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a ' r 2. That the property which is the subject of the Petition is located adjacent to your property and is described as - follows: Suffolk County Tax Map#J 000- Property ,1000- Property Address: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district'classification: J 5. That within five days from the date hereof, a written-Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York acid you may then and there examine the same during regular office hours. 6.That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such'hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. - Dated: , 20 Petitioner Mailing Address: PROOF OF MAILING NOTICE NAME ADDRESS STATE OF NEW YORK SS COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of 20__L__, deponent mailed,a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at that said Notices were mailed to each of the said persons by certified, registered receipt mail. Signature Sworn before me this day Of 920 - I Notary Public r 1 I § 280-156 SOUTHOLD CODE §280-159 any appropriate action or proceeding,whether by local process or otherwis%may,be instituted or, taken to prevent such unlawful erection, construction, reconstruction, alteration; repair; r conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the, occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XXVIII Amendments [Amended 5-30-1975 by L.L. No. 3-1975; 11.-15-1983 by L.L. No. 13-1983; 1-8-1985 by LX, No.,1-1985; 1-10-1989 by L.L. No. 1-1989;' i1-i3-1990 by L.L:No,26-i99u; 12-27-1995 by L.L.-No;25-1995; 6-3-2003 by L.L.'No. 12-20031 § 280-157. Procedures- The roceduresThe Town Board, upon its own motion or by petition, may, from 'time to time, amend, supplement, change, or modify this chapter, including the Zoning Map, by proceeding in the manner provided in'this-article. For the'purposes,of this article, an amendment also includes, but is not necessarily limited to, a supplement, change; or modification. A. The Town Board, by resolution adopted at"a stated-meeting, shall fix the time and place of a public hearing-,on the proposed amendment and cause notice thereof to be given pursuant to the provisions of.the Town Law: At least 10 days' notice of the time and place of such hearing shall be published in the official.newspaper. B. The Town Board, before publishing•notice for a public-hearing, shall, in a written request, instruct the Town Planning Board to'prepare an official repgrt regarding the I - .proposed amendment, including the Planning Board recommendations. C. An amendment' initiated, proposed or requested by'a petitioner, other than the -Town Board or other Town agency, shall also be subject to the -additional procedural requirements set forth-in subsequent sections of°this article. §280-158. Fees for petitions for proposed amendments. Every petition for an amendment'to this•chapter or the Zoning Map shall be'filed with,the Town Cleric and shall be accompanied by a fee for administrative processing a§ established by a resolution of the Town Board.-The fee for a'petition for a change of zone to the Affordable Housing District is set forth in •§,280-29A. •The 'petitioner•shall also be responsible for reasonable,and customary professional review fees relating to environmental review of the petition. §280-159. Additional_ notice requirements relating to "petitions for proposed amendments. A. In the case of a petition `requesting.an amendment in zoning district classification or' the Zoning Map, in addition to the notice required'by law, a written notice containing-the - - following information shall be sent'by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event 280.146 05-01-2006, ' § 280-159 ZONING § 280-159 that any petitioner owns or has any interest in any property imrffiadiately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners 'of the property adjacent to such other property of the petitioner. For-the purpose of this section, the words "owner" or "property owner" mean the-owner as shown on the current Southold Town assessment roll. The notice required_ by this section shall be mailed by the, petitioner, or his/her agent, within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by petitioner or his/her agent shall be filed With the Town Clerk at'the time of filing*the petition. Such notice shall coritain the following information: (1) A statement that theyetitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. (2) A description of;the street location and the-area of the property which is the subject of such petition. (3) The present zone district classification of the property and,the proposed zone f district classification. J' ` (4) A statement that within five days of the notice the petition requesting such change in zone district classification will be filed in the Southold Town.Clerk's office, Main Road, Southold,New York, and may then be examined during regular office hours. (5) A statement that a public hearing with respect to such petition must be held by the 'Southold Town Board before such change of zone can become effective;that the person to whom the notice is addressed, or his representative, has the right to appear and be, heard-,at such hearing; and that a notice"of such hearing will be published in the official Town newspaper not less than 10 days prior to such public hearing. - B. In lieu of complying with the provisions,of this section, written verified waivers of notice , executed by the persons,'entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall,not affect the validity of any action with respect to such petition.' D. In addition to the above notice requirement, prior to holding a public hearing on the petition, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. 280:147 10-IS'-2007 1 " Chapter 55 ' PUBLIC, HEARINGS, NOTICE OF §55-1. Providing notice of,public hearings. [HISTORY: Adopted by'the Town Board of the Town of Southold_ 12-27-1995 by L.L. No. 25-1995.Amendments noted-where applicable.] §55-1. Providing notice of,public bearings. [Amended 6-3-2003 by L.L.-No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. upon determininj that :an application or petition is complete, the board or commission reviewing the same shall fix)a time and place for.a public hearing thereon. Notice relating to a public, hearing on an, applicationor petition shall be provided as follows: A. Town responsibility'for'publication of notice. The reviewing board_or commission "shall cause a notice giving the time, date, place and nature of the hearing to bei published-in the official newspaper within the period prescribed,by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or ,petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street, which the property _involved•in the application or petition abuts, giving notice of the application or petition,,the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than .10 feet'from the property line. The sign shall be displayed for a period of not less than seven days, immediately preceding the date of the public hearing. " \ The applicant, petitioner or his/her agent shall file an affidavit that- s/he has complied with this,provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is-across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial 'public hearing on the application or petition"and' addressed to the owners at the addresses listed for them on the local assessment, roll.•The notice shall include description of the street 'location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provisign prior to-commencement of the public hearing. 55:1 05-01-2006 f - le - SURVEY&MAP'CHECKLIST The following information must be shown on the survey and map submitted-with.a change of zone petition: L' Town Boundary line '2. Village Boundary line J 3. State Park -4. County Park 5. State Road 6. State Parkway-or Expressway 7.- County Road ; F 8. County Parkway 9. County Drainage Channel 10. State Public Building 11. County Public Building 'must submit the following: Survey.Shawi ig: A.' Accurate,description of the property by metes and bounds. .. B. Surveyors Seal. " Map Showing` A. , All property owners within 500 feet of the boundary of the parcel which is subject'to the , zoning action shall be shown. -B. All existing buildings,within 200 feet of the boundary of the parcel which is subject to the zoning action and their current use(s) including ihe'name of the business. C. All street names within 500 feet of the boundary. D. ,The hamlet location of the subject property, and the.Suffolk County Tax-Map (SCTM) - Number. E. Zoning classification of the subject parcel and the surrounding area,(A copy of the zoning map can be substituted.) F. Name and address ofpersonmaking map. ; -G-. Scale- 1" 00"or 1''=206' 14. The name of applicant and his address: ' :- I. Where-applicable, a line indicating the boundary of the jurisdiction,of the.Suffolk County,. Planning Commission shall be shown (this line shall be 500 feet when measured at right x. angles to and parallel with parcel=to which zoning action has been considered). J. A suitable title for.purposes of identifying the'application. K. North Point shall be.indicated by,an arrow. (Note ifmagnetic or tone) ' TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE MIMS HOLDING LLC TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: RECEIVED 1000- 106-6-2 Town of Sourthold P.O. Box 1179, 53095 Main Road JUL 7 2009 Southold, New York 11971 Southold Taws Cerk YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district:' R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYor - - - - - - 11952 Telephone: (631) 298-4200 PROOF OF MAILING NOTICE NAME ADDRESS STATE OF NEW YORK SS COUNTY OF SUFFOLK residing at ,being duly sworn, deposes and says that on the day of , 20___, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at that said Notices were mailed to each of the said persons by certified, registered receipt mail. Signature Sworn before me this day Of , 20 Notary Public U.S. POSTAGE GOGGINS &PALUMBO MATTITUCK.NY ATTORNEYS AND COUNSELORS AT LAW' 11952 JUL 02.'09 P.O.Box 65 PLNITFDSTATES AMOUNT Mattituck,New York 11952 ERVICE 1000 III IIII IIII 11111111 61;h•M,/j 7027 0710 2222 2346 8498 11971 00063112-01 -own of Southold P.O. Box 1179 53095 Route 25 Southold, New York 11971 r AL -3 2009 i+rl�llilF��liFFifl-Iti'1114.4s]."II 111d1F1IIIHIII!IAM r%_ i1AU° ° 1 �.ML .�. NOTICE .D TO Postage $ u0. 0952 ADJACENT R' certUledFee $2.80 01 Postmark PROPERTY OWNERS fl l ReturnReceipt Fee ,, Here r3 (Endorsement Required) $2.30 C3 O Restdcted Delivery Fee , (Endoreement Required) x-0.00 C3Total Postage&FeesJ.Jai 07/02/2009 O Sent 16 �p� 1 l� S`treeF,APJ.'�............3.. ... Q o O or PO Box No. 0 �1. � r� ----•-------- ................................ City,ST Zl '4 AN AM -- t;t'C I �JI 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 ® ® . sT E0}NY16a . L U S E NOTICE Ir E3 Postage $ $0.44 0952 TO C3 Certified Fee 2,gq 01 ADJACENT C3Postmark PROPERTY OWNERS Return Receipt Fee Here 0 (Endorsement Required) $x.30 O Restricted Delivery Fee ra (Endorsement Required) X4.90 a7=1 m Total Postage&Fees $ $5.54 07!92/2009 E3 SentTOw qbv� .. E3C _...._._._....�.___�.... __ G___________________________ [� Street,Apt No.;`n or PO Bou No. 05767.&&......................._.. ....._._ .....__.___-...._.�" ;�,SPePe,�; New Nu� b 1140 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYork 11952 Telephone: (631) 298-4200 M ux.Fi 'S L • NOTICE TO M Postage $ 1110.44 a952 ADJACENT tti CertitiedFee $2.80 01 I PROPERTY OWNERS fIJ Retum Receipt Fee PoHstrenreark i � (Endorsement Required) $2.30 C3 Restricted Delivery Fee (Endorsement Required) X0.00 S C3 Total Postage to Fees $ $5.54 07/02/2009 to Sent To O orPOBoxNc P� t^y��/. �$ _____________ __________titinn!!__'S�_____..__.__._.____—_____.__._____._.________. Cfty state, P.+4 I. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 ® ® A ® s M NOTICE =HA0,'_ FAI 84AL LITE TO M Postage $ $0.44 0952 ADJACENT ru Certified Fee $2.80 of PROPERTY OWNERS f1J Postmark Receipt Fee ere 0 (Endorsement Required) $2.30 Here M Restricted Delivery Fee (Endorsement Required) $0.00 O NTotal Postage&Fees $ $5.54 07/02/2009 O Sent To -_Kth?Y .. .. n �. ................. YreetA ____ _ E3 or PO Boz No. I`I Lon ----L� n St tq ZIP =_} h�2W k___il_____%_^,__ RJ 11* rir tuts !i v�v v b IM ' . - 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo -11952 Telephone: (631) 298-4200 s� ° NOTICE U, Postage $ $0°44 0952 ADJACENT .o certified Fee t2°80 01 PROPERTY OWNERS O Return Receipt Fee `63G e Postmark mark M (Endorsement Required) j O Restricted DeliveryFee $0.00 r_9 (Endorsement Required) r� M Total Postage&Fees $ $5.54 07/0:/2'009 LnSent To 4h 10, Kan i r- Street,Apt No.; ( ............................ orPOBoxfllo. 11�tuo 9_5 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewY( 1195, Telephone: (631) 298-4200 ®`j ^,© ~Dua= 10 ® ©. „ 1:0N NOTICE mAQzuff? A, L Us E y TO M Postage $ . 0.44 0952 ADJACENT ry Certified Fee ,o$Q 01 PROPERTY OWNERS ReturnReceipt Fee Postmark C3 (Endorsement Required) $2.30 Here 0 Restricted Delivery Fee (Endorsement Required) $0.00 O Total Postage&FeesL$ : JoJ4 07:02/2009 Sent To - Mi, D or PO Boz Alo. I I\��n��}- 1 % C� ty S t,ZZ y uSd S r J_�---------------------------------------------------- C, a �,u k IIG5 0 0fir iK v •_ ^fie~. __ - wtCYL"0,�]• - lil�r rir;frJis�iii-vi�iv v ri�.> J 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 I r- 0• 0 • m • m ••• ..D -I• F, `O MA OI ` •i f tkJ5C L U S� E NOTICE -° TO M Postage $ x•0.44 0952 ! ADJACENT ni Certified FeeX2,30 of PROPERTY OWNERS rU 0 Return Receipt Fee O Postmark M (Endorsement Required) $2.30 Here O Restricted Delivery Fee $0.00 Required) X0.00 p Total Postage&Fees $5.54 07/02/22009 0 Sent To�iM��QC n 1 `_w --H.a_.S_�`_.__..I I ----- ------------------------ ----------------- Street,ApC.No.; t� or Box Mo. < P+ -- -- - ------------------��c� 0*1 a ________________________ k 1 CrDa O:oo ' ° �' CJ1ENyNllll b: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 ' I p B I ro . NOTICE STO ' * 4, A L U S E TO M Postage $ $0.44 095 ADJACENT N Certified Fee $2.80 01 PROPERTY OWNERS ru ReturnReceipt Fee Postmark M (Endorsement Required) $12.30 Here j 0 Restricted Delivery Fee (Endorsement Required) $0.00 Q i J N Total Postage&Fees r$ $5.54 07/02/2009 SentTO A4 R-ed w. k . O or PO Bon No. 2a �y (�S S-1•rcc Ciry,State,ZIP+4 Jen u ( JgY 03QLt YouFl R FS Y CJI M!1�7`1V 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 ' Er Co rNOTICE ' M Postage $ $0.44 2 ADJACENT rU I m 095 Certified Fee $2.80 01 PROPERTY OWNERS 0 Return Receipt Fee Postmark 0 (Endorsement Required) $2.30 Here V O Restricted Delivery Fee O (Endorsement Required) $0.00 Total� Postage&Fees` $ $5.54 07/02!2009 C3 Sent To lti U 9---- apiN-n-_-� ��a1_ -- or PO Box No. p r� -- --- - d� 1�Q 53�G5 City,Slate,Z%P+q�-� \-'unlit _______________ ..F YOU A 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo- 11952 Telephone: (631) 298-4200 iI 0 ® . Li ° s- _ `OESL�ti NOTICE SHORF �� `s I TO ADJACENT ru Postage $ $0.44 {/ciJ� ru Certified Fee $2.80 01 PROPERTY OWNERS (Endorsemeurn nt Required) Postmark 0 $2$2.30 Here O Restricted Delivery Fee, O (Endorsement Required) $0.00 _ ri Total Postage&Fees I M $ $s.54 07/02/2W9 Sentri To C3 W6-jf-� c Cl or PO Box o. '-- --- b - Hei opli :ee ee. ligg YOU AR1; lig 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 52009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 ® ® A e B• 0 • s m • e m 1� f�r-f� =111 m A LU S E NOTICE TO Postage $ :b0.44 0952 M ADJACENT Iv certitiedFee $2.80 01 PROPERTY OWNERS LJ Postmark f Return Receipt Fee Here 0 (Endorsement Required) $2.30 O M Restricted Delivery Fee (Endorsement Required) $0.00 C7 Total Postage&Fees $ $5.`� 07/02/2409 C3 Sent To�, +'I. J I «►.......... e�vel�I_e.__K.�Jli ra........... -- O Sheet Apt No.; (7 O. �0X a or PO Box No. 1�. Ll L4 U r City S---.___------ __________________________—__....� ...._..........._........ A RE G EN-NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 1195 Telephone: (631) 298-4200 ro ru NOTICE �sA�u� t�°C° �, TO ..D r Postage $ $0.44 0952 ADJACENT rll CertifledFee $2.B0 01 PROPERTY OWNERS ! Postmark 1 N Return Recelpt Fee Here � (Endorsement Required) $2°30 0 Restricted Delivery Fee (Endorsement Required) W°00 O NTotal Postage&Fees $ $5°54 07/02/2009 i0 sent o ►"- CI -t__N..�1 C111- �(!' 0 SYreeF A""t. O or PO BOX No.M5Di... _lll..—"&acy ary, r re, + Kms-_N DYE Mo M. 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 1195 Telephone: (631) 298-4200 s � jIn Ln „r. 1 -0 moo NOTICE . s NOTICE � TO J I Postage $ fie Q��� ADJACENT lu Certified Fee $2.80 01 i PROPERTY OWNERS fU Retum Receipt Fee Postmark � (Endorsement Required) $2.30 Here M Restricted Delivery Fee (Endorsement Required) $0.00 I0 Total Postage&Fees $ $5.54 07/02/2009 O Sent To i il�f_. r�,cdC--- --------------------- � o sireei,apr. o.; ,I C3 or PO Box fYo. '�b I�/'Vv`,y��- .Q- City,Sfafe,n 4 I 5 _______ Apl� Mr"RFSYIiIVN`l�(�'T74 - 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 i� ni oriAGwF TIM, A L B e NOTICE TO ',;; Postale $ 0.44 00 11 ADJACENT fir, Certified Fee $2.80 01 PROPERTY OWNERS E3 Postmark O Return Receipt Fee O (EndorsementRequired) `2.30 Here Restricted Delivery Feed.QD O (Endorsement Required) 0 Total Postage&Fees $ $5.54 07/02/2009 [- Sent To � ............................. Street,Apt:No.; N or PO Box No. 1I�e ........ City,State.ZIP+4 yy�y.,.,� Ma-�1Tha dew oYk. l)q5a rCN�=uW :00 . e' . OOe-t�+i '}`t�~1{'�/w"r�k.•,,S�F_ .. .. _ � _9 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Matt ituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 ® ® A ® ®_ ru ° � � � MA#!k �°fl A L °Ln NOTICE -D TO M Postage $ $0.411 0952 ADJACENT rti Certifled Fee y2.80 01 PROPERTY OWNERS Oru Return Receipt Fee Postmark (EndorsementRequired) $x,30 Here E3 Restricted Delivery Fee O (Endorsement Required) $0.00 Total postage&Fees ,$° X5.54 07/02/2001) D Sent To , Cuj d 1�1 -D�nrxc._ -- BC601 - O Street Apt -- ------------- or PO Box No. 51U1o__.IlUest__ lilt-__�aac$_ CIry,Stat ZI •4 -' --------------------- YOAR H�K1 t3 Y Cil VEly iV"u 11�E 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 .r sFiE j NOTICE TO M Postage $ X0.44 0952 ADJACENT N Certified Fee $2.80 01 PROPERTY OWNERS Retum Receipt Fee Postmark ru O (Endorsement Required) $2.30 Here O Restricted Delivery Fee (Endorsement Required) $0.00 l Total Postage&Fees q $ X5.54 07/02/2009 0 Sent To f� O freet,Apt No:;-_— ..p_s.................`..._...__..___------_----- ( , ( City Stale, orPOBoZI — ._.n I .11_. �1.... Z1P+4 F+ 1?j _ Ma duck Nec,� rsrk I l a YOU ARE HEREBY GIV$ 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 Ln ro E013 I F F1 CL t 7, , 1 A L U V7E7� NOTICE M Postage $0.44 0952 ru Certified Fee 11 VADJACENTTO ru .80 01 Postmark PROPERTY OWNERS r_3 Return Receipt Fee Here r3 (Endorsement Required) $2.30 C:3 Restricted Delivery Fee M (Endorsement Required) $0.00 rq r— Total Postage&Fees $ $5.54 1 07/02/2009 E3 0 C3 r n.... ................. 0., P C3 o" I FPO Box No. _Q Avt .--- _99filyff r _t....................... 97-----------VA- -----!f.f...........lu Sf A U E, QM Df k I QZ YOU ARE HEREBY GIVEN NOTICE: 1. That itis the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change, of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 ) 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc —11952 Telephone: (631) 298-4200 B I rn ®s I a m . . .•. tti co NOTICE • MA-0,V,•f 1N5C A L U STE- 7 TO M Postage $ $0.44 0952 ADJACENT "' CerUPostmark tiedFee $2.80 01 PROPERTY OWNERS E3 p Return Receipt Fee ED (Endorsement Required) $2.30 Here r-3 Restricted Delivery Fee M (Endorsement Required) $0.00 ' NTotal Postage&Fees $ $5.54 107/02/2009o1 .rMcGunnigle Sent To f� � �.p� /� C3 Street, p .L_._— 4!e!.: `.....1C1.1� -_-- ___ M or PO Box No. 6M 0 We C:tY. tot* k flew byk. llg5a �Rh Hr 4- U 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 1195 Telephone: (631) 298-4200 °s MM Ul `- a i S {0 1� f-1 497 x L Se E NOTICE `0 Postage $ >0.44 095121 TO M ADJACENT "' Certified Fee $2.80 01 PROPERTY OWNERS ru Postmark 0 Retum Receipt Fee Here 0 (Endorsement Required) $2.30 0 Restricted Delivery Fee- t Aver $0.00 o ' r7=1 r%- Total Postage&Fees $ $5.54 07/02/2009 0 Sent To CT wn - ---------------------------------- 0 or PO Bon No. PQ II./qy_ Vll6�_ V — __--- I City Slaf ZIP+4-- :el 11. f f YOU ARE HEREBY GIVEN NOT C 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYC 1195 Telephone: (631) 298-4200 ® ® A ® ■ Er Ln BR I -Nf 1�l ' , �4 �e NOTICE �0 TO M Postage $ $4.95 0952 ADJACENT ru Certified Fee $2.80 01 I PROPERTY OWNERS 0 Postmark E3 Retumt oelPt Fee (Endorsement Required) $2.30 Here C3 Restricted DeliveryFee (Endorsement Requl ed)) $0,00 Total Postage&Fees $ $10.05 07/02/2009 O Sent T o u P� coo ICysp�n Cay ,eP� r Toys ��}h �iocs� C3 orPOBoxft. „___� �u 567 State,-----------------pkI ________________ n, �}ew (mak t sao► j YOU ARE HE 1 h 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 I e IMA M ®e d D MA ,TI vPF.,1 t95CIA U e NOTA E { :r postage 1$ :G0.44 0952 ADJACENT ,I N Certified Fee $2.80 01 Postmark PROPERTY OWNERS li ru Return Race iptFee X2030 Here C3 (Endorsement Required) O Restricted Delivery Fee $0.00 (Endorsement Required) 54 07/02/2009 1 � Total Postage&Fees $ $5. ( - lo Sent o, 15 _]Win D syset,Apt:No:------------------- t " � \�1_ ` U or PO Bonftlo. 'u��!_S„___________________________ �- cTiy'sraiB:ziP+a PG6>`UCk, W srk ►l 11. 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 west Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 C3 , Com, 0 0 a. e e E3 e GL IEF F 0 A L U e . ''� NOTICE.Z, m N Postag® $ X4.44 0952ADJACENT �� CertifledFee $2.80 01 PROPERTY OWNERS Postmark 0 Return Receipt Fee Here 0 (Endorsement Required) $92.30 Restricted Delivery Fee $0.00 E:3 (Endorsement Required) r—1 t o Total Postage&Fees $ $5.54 071/02/2009 Vadis i S ent o l�sa�ndrec� �s��YeO ..r m... rr&md 5------ M r.IVo.: Sl�,eCQXY1QY eO vP l ; N x lUo. . ..e„a ------------ City,Staij,'EKF 15 G VEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 1 ® A Er e. I _n lui •' ' r I D DESyA(�Fl 4 6L USE NOTA E � M Postage $ $0.44 095` ADJACENT ri l Certified Fee ti .$280 01 PROPERTY OWNERS � 0 (Endorsement Req Iredj $2. Postmark ' 30 Here _ I M Restricted Delivery Fee- j O (Endorsement Required) $0.00 1 rr%_ Total Postage&Fees C3 $ $5.54 07/02/2009 Sen To � reet.AP Ny'- -•'�----- de-L� O or PO Bou No. `1 =-_..Ci►:? X� ------ �l. -e w F�da 3 ---........ -------------- 3(I I CO YOU ARE h r 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewY( 1195 Telephone: (631) 298-4200 i . I N II NOTICE It , i�Alf Ka ' 17 TO $ x`75` ', ADJACENT m postage 01 PROPERTY OWNERS N Certified F postmark Here _ N Return Receipt Fee $2.30 1 0 (Endorsement Required) 0 Fee .t,0.00 0 Restricted Delivery �I (Endorsement Required) II $5 54 07/02l2009 r-1 Total postage&Fees . 0sent To I o ............... I O or PO BOx r`' Cf ,Sfafe,ZIP+4 Ve :ee ea. v1-v L1 1 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 i i ® s 11 1 1 ill I cEl No 0 �o1;77 =el L U SNOTICE m 4 0952 TO ru ADJACENT NCereee . 0 01 PROPERTY OWNERS r3 Postmark O Return Receipt Fee ` 34 Here 0 (Endorsement Required) 0 Restricted Delivery Fee r3 (Endorsement Required) $0.00 Total Postage&Fees $5.54 07/02/2009 [�- Sent To ,C3 �1c1�_- - lfll�J._._.a_... axi............. Street Apt o. Dy'k V�. or PO Box... __�s j ,..................................1 I t vr __________ 0576,- ........... iry Steto,ZIP+4 w A �p OY 1115a 'vt, -GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 52009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewY( 1195, Telephone: (631) 298-4200 Y C3e MA U�ei 1 5 � NOTICE ' TO I' Postage $ $0.44 0952 ADJACENT j ru Certified Fee $2.80 01 PROPERTY OWNERS E3 Postmark Q Return Receipt Fee H reark C3 (Endorsement Required) $2030 E:3 Restricted Delivery Fee (Endorsement Required) $0.00 C3 Total Postage&Fees 1$ $5.54 07/012/2009 i P- Sent To C—► __l -bor ,h_ C-. o, -' U IO Street Apt.No.,* � r �t f or PO Box No. ----"____�""-"�!-J.SIk-------------- Cdy,State,ZIP+4 """""'"""""""" Ma Huck> > kw VOYL I ITQ 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M—II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 B® _ C3 C3 0 10 I I I NE0P �o( `� I� IAL NOTICE TO "' nU 'Postage $ $0.44 0952 ADJACENT ti Certified Fee $2.80 01 PROPERTY OWNERS M Retum Receipt Fee , Postmark 0 (Endorsement Required) $2.30 Here Restricted Delivery Fee O (Endorsement Required) $0.00 C3 Total Postage&Fees $ $5.54 07/02/2009 Sent To ( x.. r_ e .Nl�� ll�._C� c lld�-------------- - Street,Apt No.; or PO Box No. 5 _- ai n Se. }�_vA........I('l YOU ARE HERE$Y-G 1. G `1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 m � ®moo ® e _9, e o o•o �j ,, r yIIJAf°' - Y - •�6f �YL.fir co MAq,!TJ Ir'-1 q5 A U S� rE NOTICE TO mPostage $ $0.44 0952 � ADJACENT Certified Fee X2,80 01 PROPERTY OWNERS fU Return Recelpt Fee + Postmark C3 (Endorsement Required) $2.30 Here 0 Restricted Delivery Fee (Endorsement Required) $0.00 O r_ Total Postage&Fees $ $5.54 07/02/2009 O 171- 201. tt- ff O erP�Boxflb.rz. c� h_ n �--------------------- St cry, re���`�"""`,^V-v ____.__ .� �r� ___ t 1L ce- "I �`A�H�1Z113 Y-Cil V�NTI(�1`TCh: e • 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 1195.2 Telephone: (631) 298-4200 k p VD ® 6 s e • m NOTICE 'C3 $0.44 0952 TO ti Postage $ ADJACENT N Certified Fee X2.80 Ol Postmark PROPERTY OWNERS Here 2 RetumRecelPtFee $2°30 '0 (Endorsement Required) Restdcted Delivery Fee $0.00 p (Endorsement Requlred) i� $5.54 07/02/2009 0 Total Postage -&Fees $ - YY1 r Sent To j�1 ...e................... D SUeef.Apt No.; N .— bL d ........n ... N or P®Box No. ..e '"I�a �► s�ee.�iw�Ma i cls R(I]�, �— EREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such•hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 Ir P9 . a b Cotf'•FifP / A L U 3 F NOTICE ' 0 TO m0952$ $0.44 0952 M ADJACENT CertitiedFee $2.80 01 PROPERTY OWNERS Postmark Retum Recelpt Fee Here (Endorsement Required) $2.30 Restricted Delivery Fee (Endorsement Required) $$0.00 , o Total Postage$Fees $ $5.54 07/02/2009 O Sent o1 I ICI I \ .e_________________________________ j o Sheer,dpi hlo.;........................ ..... _... )) C3 or Po Box No. P u— _____...______._.._______._._______....__ City,State,ZIP+4 i � Or I YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 I e s C3 ®. ro . . . . . E3 MI pLANN [-r,�. . L U ENOTICE � = TO M Postage $ $0.44 0952 ADJACENT ! ru Certified Fee PROPERTY OWNERS Q Return Receipt Fee Postmark C3 (Endorsement Required) $?030 Here F-3 Restricted Delivery Fee- Q (Endorsement Required) $0.00 Total Postage&Fees r,— $ $5.54 07/02/2009 O Sent To tii1 -lrreVaca _. r Streef, pl o.;o TaA r or PO Box No. wlyl--<�-e�,l�n� N - -----L L "511 11� City,Sfa(e,ZIP+4 .. ..—----------------_....._. of Mew %yk- 115b] YOU ARE HEREBY GIVE 1. 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 —a o ' MA0 �;'�f1� .� L e�• NOTICE M Postage $ $0.44 0952 ADJACENT "' Certified Fee $2.80 01 PROPERTY OWNERS I Ill Postmark p Return Receipt Fee Here 1:3 (Endorsement Required) $2.30 0 Restricted Delivery Fee (Endorsement Required) $0.00 1 O Com— Total Postage&Fees $ $5.54 107/02/2009 0 Sent o Ghar IN 20,He_ � "s`Freet Apt:hlo:-----------------------g7.�, '' ._.1._._�'......._.._..._.__...._._ or PO Box No. QU Lb e si...e f�J�_6_ ad dry StateAZ(M Yok- 11'6a �l./e� '— . Hr,Kh1i (il hN NU 1 C.h: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 a .� . NOTICE -r U I.E TO Postage $ $0.44 0952 ADJACENT y r� Certified Fee x`080 0i PROPERTY OWNERS O Return Receipt Fee Postmark Q (Endorsement Required) $--) Here 0 Restricted Delivery Fee 2.30 I (Endorsement Required) $0.00 N Total Postage&Fees $5.54 07/02/2009 0 Sent o r'.- A or PO tdox IVo. -- � J__ r Cdy;State,LP+4 - - ---------------------- YOU ARE HEREBYC31-v Env 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition,the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewY( 1195 Telephone: (631) 298-4200 -� � _ ,, _ > ,_.;'✓. may:,",ay. •, ,'. .4�y,.NR?e �C''�- . ® ®� ,e ®' _ •r� , ,v,,. ,,r�,. .fir, N�d��'�, I ; ru z - , ; NOTICE f NE R-NfUq0t3C I A L U S E E3 TO M Postage $ X0.44 0952 ADJACENT ru CertdiedFee $21.80 01 PROPERTY OWNERS ru Postmark C3 ReturnReceipt Fee Here Here C3 (Endorsement Required) $2.30 M Restricted Delivery Fee (Endorsement Required) $0.00 O � Total Postage&Fees $ $5.54 07/02/2009 Wthleen Neumann jC3 Sent To N Ewa S O Street Apt.C3 or PO Box No. I Ol UJGJ � r- City,State,ZIP+4 p� (boa_ K riEKE$-Y_G V r,N NU I1Ch: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYC 11952 Telephone: (631) 298-4200 Ln V. ® • s .m m m•a m aCo , . .- - . . : -. - . m , •�:. NOTICE C3 ��� * l« U SE TO ` HU T 4 FN 'TA {,1 { m Postage $ $0.44 0952 ADJACENT R' CertlBedFee $2.80 01 I PROPERTY OWNERS RJ Postmark M Return Receipt Fee _ Here E3 (Endorsement Required) .2.� C3 Restricted Delivery Fee O (Endorsement Required) $0.00 Total Postage&Fees $ $5.54 07/02/2009 ast tE3 nt To I � ' aca_ __ _ ............... rs Street Ap. o.; y Mew qt L 17HU 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 1195 Telephone: (631) 298-4200 ru P, NOTICE 7 0 ADJACENT m � Postage $ $0.44 0952 PROPERTY OWNERS N Certified Fee $2.80 01 � fU Postmark O Mum Receipt Fee Here (Endorsement Required) $2.37 O M Restrict ed De livery Fee (?.QQ (Endorsement Required) C3 i Total Postage&Fees $ $5.54 07/02/2009 [Sent o _.e .. 171- M __ 51eL hpE7v-o.; a c) �r�Jl d{ �n�'eC3O Sox Mo. `-I ----2_________________s�� z� 4-- \ cv0q:BA �� OBe—`aux"=a - _ 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-TI 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYc 11952 Telephone: (631) 298-4200 •I a .a- 0 o e i!Cr Ln ®e e. � , a� � � �.,� `o a so t�i L �ti 161 TO postage $ $0.44 0`?5V ADJACENT m 01 PROPERTY OWNERS N certiiled Fee $2.80 postmark Here ru Return Receipt Fee $2.30 0 (Endorsement Required) '1 O Restricted Delivery Fee $0.00 (Endorsement Required) i I; C3 X5.54 07/0'J2009 I NTotal Postage&Fees i Sent a bVin of .IV �d.,�� .............ff............�. � et.A t No.c ". LIZ` sire P• �' 11 .. C3 or PO Box No. P V e..eW?4_...LI )�• [`" Cjry;Stale.ZIP+ 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Change of zone 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 106.00-06.00-013.004 Property Address: 5780 West Mill Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: M-II 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 2 2009 MIMS HOLDING, LLC Petitioner Mailing Address: c/o Goggins & Palumbo P.O. Box 65, 13235 Main Road, Mattituck,NewYo 11952 Telephone: (631) 298-4200 e , •s .y r o��pF SO(/Tyol ELIZABETH A.NEVILLE,RMC,CMC O Town Hall, 53095 Main Road TOWN CLERK J�[ l�i P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER - • �O� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTele hone(631) 765-1800 FREEDOM OF INFORMATION OFFICER Cowl southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 19, 2009 Re: MIMS Holdiing, LLC Change of Zone Application William C. Goggins, Esq. Attorney at Law Post Office Box 65 13105 Main Road Mattituck,New York 11952 Dear Mr. Goggins, It has come to our attention that you have not filed the proof of mailing of notices to adjacent property owners, together with a sworn statement with my office, nor have you submitted all original certified mail postal receipts. Have you done this? If so, do you have the sworn statement and all original certified mail postal receipts? If you have not done this, you must do so in accordance with Chapter 280-159 of the Southold Town Code, before we can proceed any further with this change of zone application. I enclose a copy of the Southold Town Code regarding notification requirements, a sample notice to adjacent property owners form, and a copy of the checklist for rezoning petitions. I shall await further communication from you before proceeding any further with this application. Very truly yours, Elizabeth A.Neville Southold Town Clerk cc: Town Attorney M. Finnegan Planning Director H. Lanza Supervisor& Town Board Members TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: - Suffolk County Tax Map# 1000- Property Address: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such,Petition, the undersigned will request that the above-described property be placed in the following zone district classification: 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and-designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: , 20 Petitioner Mailing Address: PROOF OF MAILING NOTICE .0 NAME ADDRESS STATE OF NEW YORK SS COUNTY OF SUFFOLK - residing at being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses.set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at that said Notices were mailed to each of the said persons by certified, registered receipt mail. I Signature Sworn before me this `day Of 320 Notary Public NAME OF APPLICATION: DATE ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB ❑ ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ ❑ Fee of$1,000.00 ($500.00 for AHD) ❑ ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days preceding filing of petition ❑ ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published ❑ ❑ ❑ Meet all requirements for submitting zoning action pursuant to section-239 L&M of General Municipal Law attached hereto ❑ ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office ❑ o ❑ Six(6)maps drawn at the 1"= 100' scale in accordance with attached information sheet. ❑ ❑ ❑ Six(6) sketch plan maps at the 1"= 100' scale or the 1"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk Date Signature Town Attorney - Date Signature Planning Board Date Signature TOWN BOARD,TOWN OF SOUTHOLD In the Master of the Petition of NOTICE TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: ' YOU ARE HEREBY GIVEN NOTICE: 1. That it is the-intention of the undersigned to petition-the Town Board of the Town of Southold to request a 2. That the property which is the subject of the Petition is located adjacent to�your property and its described as follows: Suffolk County Tax Map# 1000- Property Address: 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district'classification: 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York acid you may then.and there examine the same during regular office hours. 6. That befozip the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold-and designated for the publication of such notices; that . you or your representative have the right to appear and be heard at such hearing. Dated: , 20 Petitioner Mailing Address: PROOF OF MAILING NOTICE NAME ADDRESS STATE OF NEW YORK SS COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 20 , deponent mailed'a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at that said Notices were mailed to each of the said persons by certified, registered receipt mail. Signature Sworn before me this day Of , 20 Notary Public §.280-156 SOUTHOLD CODE §280=159 v any appropriate-action or proceeding, whether by local process or otherwismay,be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XXVIR Amendments [Amended 5-30-1975 by L.L.No.3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by t 7n i�ia�ixC• i=ii._S v"x'v i�v S 7 ATn i=i v,iia• ii-i�-s�vi■ '�n�v fi i ��� �n-l.��ivi- JJ•L1 \VI 1 tJV-I, 1 1 V 1/V/ V, L•if.1\Vf 1 1/V�' 1 J aJ•+J• ; 12-27-1995 by L.L.-No:25-1995; 6-3-2003 by L.L. No. 12-2003] § 280-157. Procedures. The Town Board, upon its own motion or by petition, may,-from time to time, amend, supplement, change, or modify this chapter, including the Zoning Map, by-proceeding in the manner provided in this article. For the purposes of this article, An.amendment also includes, but is not necessarily limited to,,a supplement, change, or modification. A. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given pursuant to the provisions of the Town Law_ At least 10 days' notice of the time and place of such hearing shall be published in the official_newspaper. B. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board to'prepare an official repgq regarding the proposed amendment, including the Planning Board recommendations.. C. An amendment initiated, proposed or requested by a petitioner, ether than the Town Board or other Town agency, shall also be subject to the -additional -procedural .,requirements set forth-in'subsequent sections of this article. §280-158. Fees for petitions for proposed amendments. Every petition for an amendment to this•chapter.or the Zoning Map shall be' filed with;the - Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board.The fee for a'petition for a change of zone to the Affordable Housing- District is set forth in §280-29A. The ,petitioner-shall also be responsible for reasonable and customary profejssional review fees relating to environmental review of the petition. §280-159. Additional notice requirements relating to- 'petitions for proposed, amendments. A. In the case of a petition iequesting an amendment in zoning district classification or the Zoning Map, in addition to the notice required by-law, a written notice containing the - - following information shall.be sent'by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event 280-146 . os-01-2006, ' : r '- - § 280-159 ZONING § 280-159 that any petitioner owns or has any interest in any property imAgaiately adjacent to the property proposed to be changed'in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For-the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required- by equired_by this section shall be mailed by the petitioner, or his/her agent, within five days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form of a statement sworn to by petitiotier or his/her agent shall be filed With the Town Clerk at'the time of filing'the petition. Such notice shall contain the following information: (1) - A statement that the;petitioner proposes to file a petition -with the Southold Town Clerk requesting a change of zone classification. (2) A description of the street location and the area of the property which is the subject of such petition. .(3) The present zone district classification of the property and the proposed zone district classification. ` (4) A statement that"within five days of the notice the petition requesting such change in zone district classification will be filed in the Southold Town.Clerk's office, Main Road, Southold,'New York, and may then be examined during regular office hours. i, (5) A statement that a public hearing with respect to such petition must be.held by the Southold Town Board before such change of zone can become effective;that the person to whom the notice is addressed, .or his representative, has the right to appear and be heard_.at such hearing; and that a notice of such hearing will be published in the official Town newspaper not less than 10 days prior to such public hearing. B. -In lieu of complying with the provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. D. In addition to the above notice requirement, prior*to holding a public-hearing on the petition, notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. 280:147 10-15-tom 1 ' _ W11 Chapter 55 PUBLIC HEARINGS, NOTICE OF §55-1. Providing notice-of public - ---- ---- hearings. [HISTORY: Adopted by,the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995.Amendments noted where applicable.] §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L.-No. 12-20031 Whenever the Code calls for a•public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission-reviewing the same shall fix a time and place for,a public hearing thereon. Notice -relating to a public hearing on an application or petition shall be provided as follows: • A. Town responsibility for publication-of notice. The reviewing board or commission shall cause a notice giving the time, date, place and-nature of the;hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice: An application or. petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be -subject to additional notice-requirements set forth below: (1) The applicant or petitioner is required to erect the 'sign provided by the Town, which-shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving _ notice,of the application or petition,,the nature of the approval'sought thereby and the time and place of the public hearing thereon. The sign shall be set-,back not more than 10 feet from the propeity line:The sign shall be-displayed for a period of not less than seven days immediately preceding the.date of the public hearing. •The applicant, petitioner or his/her"agent shall file an affidavit that s/he has * -complied with this provision prior to commencement of the public hearing. - (2) The applicant or petitioner is required to send notice to the-owners of•record of every property which abuts and every property which is across from any public.or private street from the property included iri the application or petition. Such notice shall be-made by certified mail, return receipt requested_, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed-for them on.the local assessment roll. The notice shall include description of the street 'location and area.of the- subject property_, nature of relief or approval involved, and date, time and place of hearing. .The applicant, petitioner or agent shall file an affidavit that s(he--has complied with this provision prior to_commencement of the public hearing. 55:1 05-01-2006 SURVEY&MAP CHECKLIST The following'information must be shown on the survey and map submitted with.a change of zone petition: L Town Boundary line '2. Village Boundary line 3. State Park -4. County Park - 5. State Road 6. State Parkway of Expressway 7.. County Road 8. County Parkway ; ' -9.- County Prainage Channel '• 1.0. State Public Building 11. County Public Building must submit the following: Survey Showing: A. Accurate description of the property by metes and bounds. B. Surveyors Seal. ' Map Showing A. All property owners within 500 feet of the boundary of the parcel which is-subject'to the zoning action-shall be shown. ,B. All existing buildings within 200 feet of the boundary of the parcel which-is subject to the zoning action and their current use(s) including the name of the business,- C. - All street names within 500 feet of the boundary. D. The hamlet location of the subject property; end the.Suffolk County Tax Map(SCTM) Number. _ E. Zoning classification of the subject parcel and the surrounding area,(A.copy of the zoning map can be substituted.) P. Namf and address of person making map. G;. Scale' 1"= 1.00'or .1=200' ' 14. The.name of applicant and his address. •I. Where'applicable, a line indicating the boundary of the jurisdiction of the Sudolk County T.1anning Commission shall be shown(xhis line shall-be 500 feet.when measured at right angles to and parallel with parcel to which zoning action has been considered). J. A suitable title for.purposes of identif gn the application. K.- North-Point shall bc.indieated by an arrow. (Note ifmagnetie or tone) P ' P Southold Town Board-'Letter Board Meeting of May 19, 2009 . 6*,., RESOLUTION 2009-407 Item#, 5.30 ADOPTED DOC ID: 5024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION',NO. 2009-407 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY-19,2009: ` WHEREAS, an application has been submitted by MIMS Holding, LLC, 5780 West Mill Road,' Mattituck, NY, for property located at 1885 Horne Pike, Mattituck, NY, more specifically known and ideniified•as Suffolk County Tax Map#1000-106-6-13.4; and 4, WHEREAS, the application involves amending the zoning map of the Town of Southold by changing the zoning on 16.25 acres of the 33.75 acre site from its current R-80 single family residential district designation to the MII, Marine II district; and WHEREAS,pursuant to the requested rezoning, it is the applicant's intention to-file an application to renovate and expand the current Marina facility including the installation of 200 new boat slips and'a yacht club and boat club with amenities; and WHEREAS, in accordance with the provisions of 6 NYCRR Part 617, the Town Board of the Town of Southold intends to serve as Lead Agency for the SEQR Review of this-Type I Action, and in this capacity, will determine-if the proposed action will have a significant effect on the environment; and WHEREAS, it is the intention of the Lead Agency to undertake a coordinated review of this action. NOW, THEREFORE,BE IT RESOLVED,that the Town Board of the Town of Southold hereby designates its intention to serve as Lead Agency for the SEQR Coordinated Review of • r this Action, and directs the Lead Agency Notice to be circulated, along with the Environmental Generated May 27, 2009 Page 40 Southold Town Board - Letter Board Meeting of May 19, 2009 Assessment Form, to all involved agencies. Involved agencies shall be given 30 days from the mailing of the Lead Agency Notice to challenge the Town Board's designation. RESOLVED,that the Town Clerk be authorized and directed to forward this to the Suffolk County Planning Commission and the Southold Town Planning Board. BE IT FINALLY RESOLVED that this resolution shall have an effective date of May 19, 2009. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated May'27, 2009 l Page 41 ,d Mr Gilbert Anderson, P.E. Commissioner Suffolk,County Dept. of Public Works 335 Yapank Avenue Yapank, NY 11980 Lorraine Cortes-Vazquez Secretary of State New York State Dept of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Lorraine Cort6s-Vazquez Secretary of State New York State Dept of State 123 William Street New York, NY 10038-3804 Pete Grannis Commissioner NYS Depart of Environmental Conservation 625 Broadway Albany, NY 12233-1011 Peter A. Scully Regional Director NYS Depart of'Environmental Conservation SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790-3409 U.S. Army Corps of Engineers Jacob K. Javits Federal Building 26 Federal Plaza, Room 2109 New York,NY 10278-0090 Humayun J. Chaudhry, D.O., M.S. Commissioner Suffolk County Department of Health Services 225 East Rabro Drive Hauppauge,New York 11788 Michael A. LoGrande, Chairman Suffolk County Water Authority r' 4060 Sunrise Highway Oakdale,NY 11769 Thomas A. Isles, AICP Director Suffolk County Planning Commission H. Lee Dennison Building-4th Fl 100 Veterans Memorial Highway PO BOX 6100 Hauppauge, New York 11788-0099 Astrid C. Glynn Commissioner New York State Department of Transportation 50 Wolf Road Albany, NY 12232 Interested Parties: Group for the East' End i PCAr q4 w►� PART 2-PROJECT IMPACTS AND THEIR MAGNITUDE a I I rt 4<rrJ S � i Responsibility of Lead Agency General Information(Read Carefully) I In.completing the form the reviewer should be guided by the question: Have my responses and determinations-been— reasonable? eterminations_been,reasonable?The reviewer is not expected to be an expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherev 7�e v1 o r magnitude that would trigger a response in column 2. The examples are generally applicab� / most situations.-But,for any specific project or site other examples and/or lower thresholds G6 G C�"ry`�^ Potential Large Impact response;thus requiring evaluation in Part 3. L 4r' I The impacts of each project,on each site,in each locality,will vary. Therefore,the examplesCV+1 offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to J, '/� I ! The number of examples per question does not indicate the importance of each question. I� r I In identifying impacts,consider long term,short term and cumulative effects. Instructions(Read carefully) a. Answer each of the 20 questions In PART 2.-Answer Yes if there will be any Impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact.If J Impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example.check column 1. d. Identifying that an Impact will be potentially large(column 2)does not mean that it is also necessarily significant. Any large impact must be evaluated-in PART,3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact,also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be, explained in Part 3.- 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by -Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? „ NO © YES r Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot ® Yes 0 No rise per 100 foot of length),or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table .© [� Yes �No is less than 3 feet. Y • Construction of paved parking area for 1,000 or more © © Yes -©No vehicles. • Construction on land where bedrock is exposed or © © © Yes 0 No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ® [j] 0 Yes ©No involve more than one phase or stage. • Excavation for mining purposes that would remove ®. n.Yes n No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. © © QYes ©No • Construction in a designated floodway. -© � _ Yes QNo _! • Other impacts: © © QYes ©No 2. Will there bean effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) �NO EIYES • Specific land forms:- © E QYes E]No- Hillside as part of geology of Mattituck Inlet river basin. Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles,15,24,25 of the Environmental Conservation Law, ECL) NO YES Examples that would apply to column 2 • Developable area of site contains a protected water body. no n Yes 0 No • Dredging mope than 100 cubic yards of material from channel of ® ©Yes F!]No a protected stream. • Extension of utility distribution facilities through a protected water ® © a Yes ©No body. • Construction in a designated freshwater or tidal wetland. © 0 ®Yes 0 No • Other impacts: ® © El Yes ®No Dredging of more than 100 cubic yards along Mattituck Creek estuary. 4. Will Proposed Action affect any non-protected existing or new body of water? \ ©N O ni YES Examples that would apply to,column 2 • A 10%increase or decrease in the surface area of any body of ® © n Yes ®No water or more than a 10 acre increase or decrease- • Construction of a body of water that exceeds 10 acres of surface © ©Yes ©No area. • Other impacts: ® ®Yes E]No An increase of 9.9 acres of a water body. Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large' Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ©NO MYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. © © Yes ©No • Proposed Action requires use of a source of water that does not © - []Yes ©No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater © Yes ®No than.45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water © © ©Yes FJNo supply system. • Proposed Action-will adversely affect groundwater. ® ®_ ©Yes ®No • ,Liquid effluent will be conveyed off the site to facilities which © © ©Yes ©No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons © © ®Yes ©No per day. • Proposed Action will likely cause siltation or other discharge into © Yes M No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or © 0- E]Yes 0 No chemical products greater thdn 1,100 gallons. • Proposed Action will allow residential uses in areas without © © [:1 Yes ©No water and/or sewer services. . • Proposed Action locates commercial and/or industrial uses © © Yes [:]'No which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: �� Yes No Use of boats,storage,maiatenancc,repair,in marine waters and/or,yard areas and potential storage,release of chemicals and impacts related to these activities. Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? NO YES , Examples that would apply to column 2 • Proposed Action would change floodwater flows © ®Yes E]No • Proposed Action may cause substantial erosion. © Q ©Yes E]No • Proposed Action is incompatible with existing drainage patterns. M ©Yes [ENo • Proposed Action will allow development in a designated © Q rlYes ME No floodway. • Other impacts: © ©Yes ' No Alteration of tidal water-circulation,currents,and tidal flow along Mattituck Creek. IMPACT ON AIR 7. Will Proposed Action affect air quality? NO M YES Examples that would apply to column 2 • Proposed Action will iriduce 1;000 or more vehicle trips in any © © QYes ©No given hour. • Proposed Action will result in the incineration of more than 1 ton M © ©Yes ©No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs.per hour 0 0 ®Yes- ©No or a heat source producing more than 10 million BTU's per- hour. • Proposed Action will allow an increase in the amount of land M ® ©Yes ®No ° committed to industrial use. • Proposed Action will allow an increase in the density of 0 © ©Yes 0 No industrial development within existing industrial areas. • Other impacts: E 0 PlYes ONo Encroachment of a use that creates exhaust and air emissions into a residential area. IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? �NO YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or © 0 ®Yes 0 No Federal list;using the site,over or near the site,or found on the site. Page 14 of 21 .1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ® © ©Yes ®No • Application of pesticide or herbicide more than twice a year, © © ©Yes ®No, other than for agricultural purposes. • Other impacts: © Yes No 9. Will Proposed Action substantially affect non-threatened or non- endangered'species? M N O 0 YES Examples that}would apply to column 2 ' • Proposed Action would substantially interfere with any resident © M ©Yes IE No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ' M Yes 0 No mature forest(over 100 years of age)or other locally important vegetation. • Other impacts:, r © 0 []Yes '0 No Removal of 9.9 acres of vegetated hillside,some of which may contain forests over 100 years old. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? NO M YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to © © Yes Q No ' agricultural land(includes cropland,hayfields,pasture,vineyard, orchard,etc.) ' • Construction,activity would excavate or compact the soil profile of ® © ©Yes ©No, agricultural land. • The Proposed Action would irreversibly convert more than 10 ® © F1 Yes ®No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21. I 1 2 3- Small to Potential Can Impact 5e - Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ❑ © ©Yes ©No agricultural land management systems(e.g.,subsurface drain • lines,outlet ditches,strip cropping);or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff). • Other impacts; - ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary,use - the Visual EAF Addendum in Section 617.20,Appendix B.) E]NO YES - Examples that would apply to column 2 • Proposed land uses,or project components obviously different © Q []YesQ No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. • Proposed land uses,or project components visible to users of © 0 ©Yes No aesthetic•resources which will eliminate or significantly reduce I their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or © © ©Yes ©No significant screening of scenic views known to be important to the area. • Other impacts: ❑, ❑ - []Yes ❑No Expansion of commercial use along Mattituck Creek tidal estuary. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? no NO MYES 1 Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or © ❑- ❑Yes ❑ No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any Impact to an archaeological site or fossil bed located within ❑ © ❑Yes ❑No the project site. • Proposed Action will occur in an area designated as sensitive © L Yes © No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large ,Mitigated by Impact Impact Project Change • Other impacts: © © ®Yes ©No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? 0 NO Fol YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. © Yes [:]No • A major reduction of an open space important to the community. 0 © M Yes [D No • Other impacts: © ©Yes -No Increase in recreational boating opportunities. IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? �NO- YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? © © MYes []No • Proposed Action will result in a reduction in the quantity of the © © M Yes ®No resource? • Proposed Action will result in a reduction in the quality of the © 0 Yes MNo resource? • Proposed Action will impact the use,function or enjoyment of the © [:]Yes ©No resource? • Other impacts: ® ©Yes []No Page 17 of 21 0 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? 0 N O F.]YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or © [:1 ©Yes Q No goods. • Proposed Action will result in major traffic problems. © © ©Yes r]No • Other impacts: © El FlYes ©No Potential truck related construction traffic and increases in vehicle trips in a residential area. IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? -©NO ©YES Examples that would apply to column 2 - • Proposed Action will cause a greater than 5%increase in the © © ©Yes ©No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an © © ©Yes ©No energy transmission or supply system to serve more than 50 - single or two family residences or to serve a major commercial' or industrial use. • Other impacts: © © ©Yes El No NOISE AND ODOR IMPACT r 17. Will there be objectionable odors,noise,or vibration as a result of the Proposed Action? ©NO nYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive © © ©Yes ®No facility. • Odors will occur routinely(more than,one hour per day). © ® ©Yes ©No • Proposed Action will produce operating noise exceeding the © ©Yes No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a © © FlYes ©No noise screen. • Other impacts: © 0 ElYes ©No Potential for generation of odors in an area encroaching into residentially zonedlused lands. Page 18 of 21 1 � VP J 1 v 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? NO MYES --Proposed Action may cause a risk of explosion or release of ' ©Yes ®No• hazardous substances(i.e.oil,pesticides,chemicals,radiation, - etc.)in the event of accident or upset conditions:or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" © ©Yes. ®No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of.liquefied ® ®Yes ®No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other © DYes F1 No disturbance within 2,000 feet of a site used for the disposal,of _ solid or hazardous waste. • Other impacts: © ©Yes EINo IMPACTION GROWTH AND CHARACTER � OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community?'� , NO YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the © © ©Yes n No project is located is'likely to grow by more than 5%. r • The municipal budget for capital expenditures or operating © © ElYes No services will increase by morekthan 5%per year as a result of this project. • Proposed Action will conflict with officially adopted plans or © ©Yes '©No goals. • nm Proposed Action will cause a change in the density of land use. © 0 Yes ©No • Proposed Action will replace or eliminate existing facilities, © ® ©Yes ©No structures or areas of historic importance to the community. •• Development will create a demand for additional community a © ©Yes ®No services(e.g.schools,police and fire,etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future F ©Yes No projects. • Proposed Action will create or eliminate employment. ©o Q ©Yes ©No • Other impacts: El 0 ®Yes 'INo Project involves substantial change of zone of residential land for commercial use. 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? MNO ©YES None known; to be determine through review process. ; 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 1 Page 20 of 21 i i► a , i 1 c • WN. lid �!N rr� :���a! ii ■lN�N� >� saalragrlg x �Ili!!a!!!!N!! ■ ,�; / .ice!! '�!!lN�N�lNN!!!! !! !+i I � AN• x = ®t�l�! !N ■ fir' � �N! 'r!! l!N!! !N►IALWV .it I111N NN■N IN { VI e�A +��� �• ► t * ; J �=TF � '� • ,. a41 FIGURE 1 Mattituck Inlet Marina, t�scAERIAL PHOTOGRAPH Mattituck IlA�r NELSCYV LL POPE 6 VOORMS. C Source: NYSGIS Orthoimagery Program,2007 N ENVIROIWF.NTPL•PLHI SL •C.IXVSULTXVG Scale: V=300' SEQRA Review i" RAO R40 R . 0 R40 FIGURE 2 Mattituck Inlet Marina, ' ZONING MAP Mattituck IIiP�'��r "V=FU °�6'=G Source: Town of Southold Zoning Map NORTH ENVIROf�NIEfVTIk•RAfWIf•C'•CQV$ULTHVG Scale: V=1,009 SEQRA Review Tm CJ 6uB ,� PIB ' PIC Tm RdC RB M fC r ., CPE P1 RdA ! iaA RdB J# Trn Rd B ` �``' PIB CpE V P E P1 B Q� RdA CpAdB , Pic a C pC p FIGURE 3 Mattituck Inlet Marina, SOIL MAP Mattituck NELSON.POPE s voorwis��c NORTH ENVIRQNMENTAL Pt__ ���-�_���.� Source: Suffolk County Soil Survey Scale: 1"=500' SEQRA Review d1 i <`• .. ' , F A. Mttitu ✓rJetty Inlet operty . IOW - w, 'a . ,�'• }"� .� .•�. H � .ger .�w.�•. s Y 04 A ISO • t f► �.�^^,rte..—v�'"^w. r ::..;�f:� �` �f f - � . .� i''}• ^-j yam, P ,f• �` Ak FIGURE 4 NATIONAL WETLANDS Mattituck Imiet Marina® Matt6tuck INVENTORY MAP NELSON.POPE 6 vOORN15.LLC: Source: National Wetlands Inventory Map, NORTH EWIF"'#,AENTA •PLAIWIfVG GONSULTgV, Mattituck Hills Quadrangle Scale: V=8 00' SEQRA Review ti Nemschick Silverman Architects P.c. . . the business of ARCHITECTURE." Mattituck Inlet Marina Proposed Expansion Southold Town Zoning Code:280-54. "The purpose of the Marine II(MII)District is to provide a waterfront location for a wide range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general,are located on major waterways, open bayfronts or the Long Island Sound." Mattituck Inlet Marina & Shipyard (MIMS) is located on the East End of Long Island and has been providing the highest quality workmanship in the marine industry since 1961. r _ Currently the facilities handle all yacht _ maintenance, storage and sales. In addition MIMS provides access for 100 foot plus pleasure and commercial vessels servicing Long Island Sound. Due to increasing demand and a strong at,�4. l desire to re-vitalize the North Fork '►� w nautical tourism MIMS is proposing to ;, „#' 06 expand service and operations dramatically. As the attached '�; ^tl,t. ter";'�►s' . .�}; o documents show MIMS proposes to re- ``� „ " ,x zone the current R-80 acreage to its west to an MII zone, thus doubling its area from 17.5 acres to 33.75 acres. Mattituck Inlet Marina-Current Ariel View The actions involve a request to excavate/dredge for expanded harbor limits for 200 new boat slips,increasing from the current forty. In addition MIMS is proposing to provide the following; 1. Marinas for the docking,mooring and accommodation of recreational or commercial boats, including the sale of fuel primarily for the use of boats accommodated in such marina. a. Area of Site utilized: 5.9 acres(251,597 sq.ft.) 2. Boat docks,slips,piers and wharves for charter boats carrying passengers on excursions,pleasure or fishing trips or for vessels engaged in fishery or shellfishery. a. New Boat Basin: 9.9 acres (419,661 sq. ft.) b. Number of Slips: Existing=40 New=200 Total=240 c. Cubic Yards of excavation=481,000 I 735 Deerfoot Path • Cutchogue, New York 11935 631.734.7007 telephone • 631.734.7-34Z,-1acsi,mile s www i3aza rhr.Qrn Nemschick Silverman Architects P.c. 11. . . the business of ARCHITECTURE." 3. Yacht club and boat club, including uses accessory to them, such as swimming pools,lazy river and Restrooms. a. Area of Site utilized: 0.92 acres (39,519 sq. ft.) b. Area of Structure(s): 1,000 sq. ft. 4. Boatyards for building,storing,repairing,renting,selling and servicing boats, which include the following as an accessory use: office for the sale of marine equipment or products,dockside facilities for dispensing of fuel and,where pumpout stations are provided,rest room and laundry facilities to serve overnight patrons. a. Area of Site utilized: 6.93 acres (294,998 sq. ft.) b. Area of Structure(s): 87,422 sq. ft. 5. Boat and marine engine repair and sales and display,yacht brokers and marine insurance brokers. a. Area of Site utilized: 0.33 acres (14,016 sq. ft.) b. Area of Existing Structure(s): 1,221 sq. ft. 6. Retail sale and rental of fishing,diving and bathing supplies and equipment accessory to a marina. a. Area of Site utilized: 0.66 acres (28,270 sq. ft.) b. Area of Existing Structure(s): 6,572 sq. ft. 7. Restaurants,excluding outdoor counter service,drive-ins or curb-service establishments. a. Area of Site utilized: 0.99 acres (41,941 sq. ft.) b. Area of Existing Structure(s): 7,439 sq. ft. 8. Transient Rental Units for Patrons(10 Two story detached living quarters) a. Area of Site utilized: 1.49 acres (63,503 sq. ft.) b. Area of Structure(s): 32,000 sq.ft. 9. Museums with a nautical theme and art galleries a. Area of Site utilized: 874 sq. ft. b. Area of Existing Structure(s): 874 sq. ft. 10. Landscaped Area percentage: 20.5% 11. Parking: All parking will be accounted for on site. Please note that boat storage buildings will be used for seasonal parking as required. Note: All information provided is preliminary. 735 Deerfoot Path • Cutchogue, New York 11935 9 631.734.7007 telephone • 631.734.7347 facsimile • www.ns-arch.com WOO ` r ( ,, bra. �� � ♦ .. pit FIGURE 5 NYSDEC r /►fir . i K. TIDAL � v 'YF ZONE X ZONE X ZONE ^ m X (nTown of Southold x 360813 s � ` r SYyI'�c ll. S r i \ M��L AM ' 3 `kr M ' Y",.Saec) piO.L`Vo��.� � u.`•(.<.'f G' :w.!^•,u`:Sa'n N", ZONE X 7.7 %�k3X.:. ifs'? M,F�k„'..:'•t:.s BAY VIEWP� ZONE >: . :. my€,. FIGURE 6 Mattituck Inlet Marina, FEMA FLOOD ZONES Mattituck NELSONO .POPE 6 VORWS.LLC. Source: FEMA,Map#36103C0143G NORTH V 'M/ENTAL• CL S.L•GONSLILTMxK' Scale: 1”=400' SEQRA Review IL Mattituck Inlet Marina Legend Background Maps ' Scanned Quads) Areheo Songitive Area State Parks ,, •:�f• � *�, "=r;�9 StateiMatior7al Register i� 'tH „ 't '' 5=• i'� *_ f"'i Federal Eligibility rwr:•Yi LysM ," }•►•.- .�„ #`..e ,,..r;!'• i t ''r�rr �+•" 't" .�,�.II �} i. National Register Listed �:� t' r u;�yr <, .'�4A•y Vt, .`;: ''t,a f State Register Listed r�pfain S. _ RSt:701!Y Ynr' Y�:���h`t.�• ��, ' .. "7s'^•-l'K`w�' + "'EEE �,"�,t,`4' �',y. � (only) ���: •.'�' �;' �� i •• ,�,�..''4 .!� Listing in Progress x ` ? t fir' County Boundaries 41 0.4 AJ f?: '�.,:' "'bt"s t�+•���"rFr'µa:y`•2',,�••'r'�f7 �� +1 f •Kl,�.�'' 'f/'1�%�`'� r 'f'r;r?D`'�?�• �,y� •�J�'j� ��' ''�,� 1`+'y 'ASF 7RS!•, r !' A k:' 1 , 90NRD1898 ' r' ,`�, i ,ri �t 7,, •~. l hd• ��� "' +.;'i,, 4 'Its J S �! .'.r' ;!+�+ Pe,h!���.5�F,•J r� .moi, '.,A• T ch�td•4 N",j •a, '+, rr,,.i� hT ••.a , .�,r. .•� J_ r :, ,{w '� '�+r 'l��ilr6e.t1�.1•.r� ''f,• 'E + Lry� t=-I yy..�� ' '\. •i' •y� 'y '2;s,t�x,'a�•r+arat•fr��.f•f...tl ie, �, •f�', ;' / •� 47' s 'r r",rj '•R .y j• +'• •+ fir+.•, ,'� .••`' _ j ' 147' 'r •�••��cc'•���^' �'. k" Or l �' .�rwr••,°.f' ,p '',' 4 i�•)i�r '� %%� t !� v r.:,•.k+r i+ �' 1(� r�r x "r: T,• r;fit Syr.ri•y,��'- r i n.r y t.' r,, r 4! c •`t �. ►r�,.•h't i t A; 'jby� r r .+;Jr,' 4 •YO/f',iGM° + If + ,^.}•f•� � �• •+' dv ha Ft41.9'r5 o 'b� ' � ayry t_ �r.� i r '' ,I, �+ •�{,, 14 ja � y;'•' ,,�"'!�r� � ,'•'�,++�/ � 'r +*i + I �+•, •t}� j++• rt• ;hf•�.�ihrMp. M�,/''�`+ ' +'•ice. �".'r'�rlY+t:3 .,•����� Ir l + �'�' `d"1� �'Y' �•v .fy�,M`.�• N I f���=�+i, , / ',�+twrR I k. l �•'•.. 'Sr 4 It<ICSpO/t�;�;.+�I �z ,. 1.�.,1!%''.'ti".,�y�• ._N,,.,,,"•�' j' ,+ '`+'•�lrixl;�7olit! �` 1, t I .+,ter ""�n�j.'/!i-�' '++ ""��,,►► a +' =` f.4 •• it�4,•i< •/•,+'j'(f ,t, �J ,+. ,� y''i 'lr P �,••',i -4 •y •` rf*has.• �•�� y,, y.+'='�+ ,� ,�'_+, +:� TJ 7y , ,�.,,tr` r('4}r'Yr i' L ,'y •�' ''..,N',�j''i ON 187% /:_.;'r. » r+'! ,r• _ �;..J° '��{ �.t..x.,-^',^r!• 7 .1 4?4c 3 3�1 IL �}, ,,*' •` :45YIfr � 1, I r�,•r 1, 1 ll,+f'. �. L ..�', , •�'' ,N�' J t 'y � ,, T Disclaimer: This map was prepared by the New York State Parks, Recreation and Historic Preservation National Register Listing Internet Application. The March 13, 2009 information was compiled using the most current data available. It is deemed accurate, but is not guaranteed. FIGURE 7 Mattituck Inlet Marina, E. CULTURAL RESOURCES MAP Mattituck nl Source: NYS Historic Preservation Office NORTH NELSON POPE 6 VOOLLC ENVIPpMNENTaI•PLPNNI-NG•:-TYVG Scale: 1"—3,000' + SEQRA Review ' I.Rost VA P&t Office Roz 569 ` �,, Office Bax 1797, Brldgrhimptan,NY 11932 Southold,NY 11971 Tel;631.537.1400 G Tel;631,765,6450 Fax;631,537,2201 F O l? T ITi E EAST h N D Fax,631.765.6455 1r of post-it"Fax Note 7671 Date., 2 O pages` To 'Q V� Frog+ June 3,2009 eorog. Co. ���u-u.c President Phone g Phone It Robert 5,DeLuca Fax Fax# Supervisor Scott Russell Chairman &Members of the Town Bc-, William S McChesney,Jr Town of Southold Town Hall F.rY Vice chairman 53095 Main Road Ann Colley Southold,New York 11971 ,t� w Board Members Re: Mattituck Inlet Change oftoa Harris A.Barer Katherine Leahy Birch ", 5 Dear Supervisor Russell&Members of the T6wr6ar,�i,1� W.Marco Birch A Wilhelmus B.Bryan On behalf of Group for the East End please accept th`��oiio�rri'ng _.`�' Mark Burchill Andrew Goldstein recommendation in relation to the Mattituck Inlet Marina,plroposed cha'iNje Gregory Hooqkamp of zone. We support the Finding of Nelson, Pope&J e rhis,�LLG,--'.. Ronald S,Lauder (Environmental Assessment Review May 15,2009) that•tilie Lead Agency Sandra R,Meyer issue a positive Declaration, for the proposed.chMnge of zone, Christopher Pia Peter Schellbach Group for the Fast End has serious concerns regarding the alteration of the John Shea existing shoreline along Mattituck Creek. The proposed removal of the 9.9 Jnhn C.Waddell acres of bluff for boat slips has the potential to cause adverse impact to the Mary Walker ground and surface waters. The following are concerns and/or questions? k Impact of potential sediment suspension within the water column and creek as a result of dredging and the removal of 9.9 acres of bluff., What impacts would be created due to the alteration of the creek, which in turn would alter tidal currents? • What are the impacts to wetlands? Potential impacts to water quality relating to the increased use of vessels. • The number of boat slips (200) seems exc,essive. • What is the impact to the groundwater aquifer when 9.9 acres of bluff is removed? • What is the potential impact of probable erosion? • When the groundwater is affected so too is nearby surface water especially with the influence of tidal flow, • Where will the dredged material be deposited? We protect and restore the environmont of eastern Long Island through educatlon,citizen action and public advocacy, 1 founded in 1972 miww,groupfortheeastend.org 5Ills Pact Cnmlimer/50%Iinnihnn Villers GP B FI•II LEAST E N 0 Additionally, Group for the East End has concerns regarding the intensity of proposed uses including a yacht club and boat club,boat and marine engine repair,rental equipment, restaurant,museum,and transient rental units given the adjacent residential uses and sensitive environment.We believe that a thorough review of how the proposed uses may impact the residential area is importantly needed. The following are specific concerns. What is the traffic impact the project will likely create? _ • What type of noise will be generated due to increased intensity? • Are all types and number of proposed uses permitted in the MI1 Zoning Category? • How will FEMA flood zone restrictions impact proposed development? • What is the impact to flora and fauna species? NPV pointed out that the wooded portion of the site may be at least 100 years old. We strongly believe that a project of this size, magnitude and proposed location requites an environmental impact statement in order to thoroughly examine the potential impacts and provide means to mitigate such impacts, We urge the Town Board to issue a Positive Declaration and mandate a draft environmental impact statement pursuant to SEQTtA. Thank you for reviewing our comments. Please feel free to contact nae should you have any comments or concerns. I can be reached at(631) 765- 6450 ext. 211 or at jhartna el @eas'end-environment.ore. Sincerely, J n Hartnagel Environmental Advocate y J h A.rl'v►acd a I!�e a5��n d.�nv i rah rv��ti`t'� o r9 Cc: Heather Lanza, Planning Director,Town of Southold Martin Finnegan,Town Attorney,Town of Southold 2 in%Rmf Ccmiumcr/50%dinmhnn P16rm Board Members Page 1 of 2 Y ,7'4.WA , s..w dre"Ss`+°w`.,....., y ^.x .Y �'"' '.-:a •�,r'L. ..rR j, vn�Ai,'/ ya ME � e� 2'-,1) A All RESIDENTIAL About SCWA COMMERCIAL Board Members OUR ENVIRONMENT MICHAEL A.LOGRANDE,Chairman PATRICK G.HALPIN PUBLIC NOTICE/INPUT JANE R_DEVINE s ' JAMES F.GAUGHRAN EDUCATION CENTER FRANK J PELLEGRINO ` ABOUT SCwA ;°''° xmyr MICHAEL A LOGRANDE,Chairman, term " as member expires in May 2010. From March 24, 1992 until December 31 1999, ra. ' Mr LoGrande was also the Authority's Chief A>"aG U� "` "'°"Executive Officer His experience includes Need to Know List serving as Executive Director of the Association for a Better Long Island, Suffolk "`u County Executive, and Supervisor of the Town of Islip Additionally, he served as Deputy Supervisor and Commissioner of Planning and Development for the Town of Islip, and Chief Planner for Suffolk County Mr. LoGrande's education includes a Bachelor of Science degree in Civil Engineering from the Massachusetts Institute of Technology,a Masters degree in Urban Planning from Columbia University,and a Loeb Fellow in Advanced Environmental Research, Harvard University Graduate School of Design Mr LoGrande maintains a mernbeiship in numerous professional organizations and has received various awards for his involvement in planning and the environment 9-s ° PATRICK G. HALPIN, Secretary, term as member expires in March 2011 Mr.Halpin ^4s x a9 is Executive Vice President for External Affairs for the Institute for Student Achievement Mr. Halpin has been with ISA ' since 1994 Prior to joining the ISA Mr Halpin had an extensive career in local and state politics,which began in 1979 when he was elected to the Suffolk County Legislature In 1982 he was elected to the uw,= New York State Assembly and served three terms in that office. In 1988, Mr Halpin was t elected to the office of Suffolk County Executive He served in that role until 1992 Mr Halpin serves as a trustee of the Long Island Chapter of the Nature Conservancy and is a director with the Long Island Housing Partnership, Vision Long island and the advisory board of the Long Island Index Mr Halpin received a bachelor of arts degree in Political Science and Economics from Old Dominion University. JANE R.DEVINE, term as member expires June 2012 Ms Devine has held a variety of positions inpublic service both on the town and county level Most recently, she has served on the Town of Huntington Planning " .f Board and from 1988-1991, she served as Commissioner of Consumer Affairs for Suffolk County From 1978-1987 she ° represented the former 17th Legislative f" District as an elected Suffolk County Legislator and. for a portion of that tenure, was the first female leader of the minority caucus Ms Devine's professional career spans a wide range of posts dedicated to education and protection of consumers, including Director of Consumer Education and a member of the Consumer Protection Board for the Town of Huntington, and consultant to the New York State Consumer Protection Board She was a founding partner of a small public relations company and served for a time as pastoral consultant to a Long Island AIDS care organization In addition to graduate work at the Fordham University School of Law, studies in sociology and a http://www.scwa.com/about/boardmembers.cfm 7/24/2009 Page 1 of 2 Neville, Elizabeth From: Lanza, Heather Sent: Wednesday, July 15, 2009 8:35 AM To: Neville, Elizabeth Subject: RE: MIMS Change of Zone Have you heard back from any of the referrals yet? From: Neville, Elizabeth Sent: Tuesday,July 14, 2009 4:38 PM To: Lanza, Heather Subject: RE: MIMS Change of Zone Heather, I just came back from vacation yesterday and found that they did the notices and sent me the copies and receipts, I will sending them over to you. So. hold up on your memo. Betty Elizabeth A.Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Lanza, Heather Sent: Tuesday,July 14, 2009 3:53 PM To: Neville, Elizabeth Subject: MIMS Change of Zone Betty, I wanted to let you know that I am sending over a memo on the above change of zone that specifies the missing application items. Having become more familiar with the application and the requirements,now,I realized that they are missing one substantial part of their application,and a couple more minor items. The big thing they are missing is the proof of notification of neighbors. The code calls for that to be done before the application/petition is filed. If you are not already doing so, I would suggest that enclosing"§280-159 Additional notice requirements relating to petitions for proposed amendments"with your Change of Zone Petition packet would be useful to applicants because it elaborates on this procedure,and provides a clearer indication of what must be included in the notification letters to neighbors. And I would also suggest adding that as an item in the application form under the section in the beginning where it says"Further,the following are submitted herewith."That will remind people they need to do it. It is on your checklist,but some people ignore checklists,where with the application form,they have to submit that all filled out. The memo is on its way. 7/15/2009 Page 2 of 2 Thanks. Heather Heather Lanza,AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza@town.southold.ny.us ------------ 7/15/2009 4 r� pF S0 Southold Town Hall,53095 Route 25 Robert I. Scott,Jr., Chairman ,`O W P.O,Box 1179 Darline J. Duffy,Assessor Southold,NY 11971-0959 Kevin W.Webster, Assessor G Fax: (631)765-1356 Telephone: (631)765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD RECEIVED JUL 16 2009 Southold Town clerk Date: 7/16/2009 To: Elizabeth M. Neville, Town Clerk From:Robert I. Scott Jr., Chairman RE: MIM Change of Zone Applicatio Having checked "Notices to,Adjacent Property Owners" in connection with, 5780 West Mill Road, Mattituck, NY with the Suffolk County tax map number of 1000-106- 6-13.4 and under the ownership of Mims Holding LLC, if the requirement of all. properties within the proscribed area must be notified individually by parcel, not just owner, then two notices should have been sent to Glebe Associates LLC, 1000-106- 6-3 and 1000-106-6-4.1, and Francis and Daniel P. Deegan, 1000-106-6-28.1 and 1000-106-6-28.4. None were sent to the following tax map numbers: 1000-106-6- 13.1, 1000-106-9-4.9,.1000-106-9-4.10, and 1000-106-9-4.11, which are under the ownership of Denmelexnic Farms LLC. ozpf SO(/j�ol ELIZABETH A.NEVILLE,RMC,CMC O Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS y Southold,New York 11971 MARRIAGE OFFICER • �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ���. Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER COUNTY, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Robert I. Scott, Chairman, Board of Assessors From: Elizabeth A.Neville, Town Clerk Re: MIM change of zone application Date: July 15, 2009 I have recently received the"Notices to Adjacent Property Owners"in connection with the above change of zone application. Please verify, in writing,that the applicant has sent out notices to all of their adjacent property owners within 200 feet of the subject property as shown on the current tax roll of the Town of Southold. Thank you. t MAILING ADDRESS: PLANNING BOARD MEMBERS Dov SO(/ly P.O. Box 1179 MARTIN H.SIDOR h�� Old Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDSG �Q 54375 State Route 25 GEORGI�D.SOLOMON JOSEPH L.TOWN END �O`ij'CDUnI (cor. M thold SouNY Youngs Av .) Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville,Town Clerk From: Heather Lanza, AICP, Planning Director Date: July 14, 2009 Re: Mattituck Inlet Marina Change of Zone Application Upon reviewing the file for completeness using the"Checklist for Rezoning Petition"form, I found that there are a few required items missing from the petition referenced above. Most important is the neighbor notification- the Town's Change of Zone procedure requires that the petitioner notify nearby landowners of his/her intent to file the petition. Thus,the applicant should have submitted the proof of mailing along with the petition for the Change of Zone. The following is a list of the missing items that should be submitted to make the petition for the change of zone complete: 1. Proof of mailing(as indicated on the"Checklist for Rezoning Petition") and in Town Code §280-159. 2. A map showing the required information within 500' of the property boundary. The maps submitted appear to only go out 200' with the identifications of land uses, names of property owners. (as indicated on the "Survey and Map Checklist"and the change of zone application form) 3. A map showing the current uses, and the names of businesses within 200 feet of the property boundary. (as indicated on the "Survey and Map Checklist") 4 R NAME OF APPLICATION: valva v a w: r �- ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB ❑ ❑ ❑ Four(4)complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ p Fee of$1,000.00($500,00 for AHD) ❑ ❑ qllntton notice to all property owners within 200' of property;mailed within 5 days cedin ling of petition ❑ ❑ O File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone •� Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice-Published p leas'-. ❑ ❑ ❑ Meet'all requirements for submitting zoning action pursuant to section 239 L&M of General Municipal Law attached hereto ❑ ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office ❑ ❑ 'B Six(6)maps drawn at the 1"= 100' scale in accordance with attached information sheet. ❑ ❑ ❑'Six (6)sketch plan maps at the 1"=400' scale or the 1"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application:. Town Clerk Date Signature Town Attorney Date Signature Planning Board Date Signature NAME OF APPLICATION: DATE ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB ❑ ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ ❑ Fee of$1,000,00 ($500.00 for AHD) ❑ ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days preceding filing of petition ❑ ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) 0 Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held 0 Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published ❑ ❑ ❑ Meet all requirement's for submitting zoning action pursuant to section 239 L & M of General Municipal Law attached hereto ❑ ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office 4 ❑ ❑ ❑ Six (6) maps drawn-et the 1" = 100' scale in accordance with attached information sheet. ❑ y❑ ❑ Six (6) sketch plan maps at the.l"= 100' scale or the 1"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk Date Signature Town Attorn -ey Date Signature Planning Board Date Signature t SURVEY&MAP CHECKLIST The following information must be shown on the survey and map submitted with.a change of zone petition: 1'. Town Boundary line 2. Village Boundary line 3. State Park 4. County Park 5. State Road 6. State Parkway or Expressway 7. County Road 8. County Parkway 4: County I)rainage Channel 10. State Public Building 11. County Public Building must submit the following: Survey Showing: A. Accurate description of the property by metes and bounds. B. Surveyors Seal. Map Showing A. All property-owners within 500 feet of the boundary of the parcel which is subject to the zoning action shall be shown. -B. All existing buildings within 200 feet of the boundary of the parcel which is subject to the zoning action and their current use(s) including the name of the business. C•. All street names within 500 feet of the boundary. D. The hamlet location of the subject property, and the Suffolk County Tax Map(SCTM) Number. E. Zoning classification of the subject parcel and the surrounding area. (A copy of the zoning map can be substituted.) F. Name and address of person making map. G.. Scale l"= 100' or l"=200' ; H. The name of applicant and his address. I. here applicable, a line indicating the boundary of the jurisdiction of the Suffolk County W Planning Commission shall be shown(this line shall be 500 feet when measured at right angles to and parallel with parcel to which zoning action has been considered). J. A suitable title for purposes of identifying the application. K. North Poirit shall be indicated by an arrow. (Note if magnetic or tone) 1,12kkll¢, RESOLUTION 2009-407 y! R ADOPTED DOC ID: 5024 r THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2009-407 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 19, 2009: WHEREAS, an application has been submitted by MIMS Holding, LLC, 5780 West Mill Road, Mattituck,NY, for property located at 1885 Home Pike, Mattituck,NY, more specifically known and identified as Suffolk County Tax Map#1000-106-6=13.4; and WHEREAS,the application involves amending the-zoning map of the Town of Southold by , changing the zoning on 16.25 acres of the 33.75 acre site from its current R-8,0 single family residential district designation to the MII, Marine II district; and WHEREAS, pursuant to the requested rezoning, it is the applicant's intention to_file an application to renovate and expand the current Marina facility including the installation of 200 new boat'slips and a yacht club and boat club with amenities; and J WHEREAS, in accordance with the provisions of 6 NYCRR Part 617, the,Town Board of the Town of Southold intends to serve as Lead Agency for the SEQR Review of this Type.I Action, and in this capacity,will determine if the proposed action will have a significant effect on the- environment; heenvironment; and WHEREAS, it is the intention of the Lead Agency io undertake,a coordinated review of this action. ``Resolution 2009-407 Board Meeting of May 19, 2009 NOW, THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby designates its intention to serve as Lead Agency for the SEQR Coordinated Review of this Action, and directs the Lead Agency Notice to be circulated, along'with the Environmental Assessment Form, to all involved agencies. Involved agencies shall be given 30 days from the mailing of the Lead Agency Notice to challenge the Town Board's designation. J RESOLVED that the Town Clerk be authorized and directed to forward this to the Suffolk County Planning Commission and the Southold Town Planning Board. BE IT FINALLY RESOLVED that this resolution shall have an effective date of May 19, 2009. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Thomas H. Wickham,,Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 5/20/2009 9:55 AM by Lynda Rudder Page 2 WHEREAS, the Town Board of the Town of Southold (the"Board") is aware of, has participated in the preparation of, or has prepared a number of studies, analyses, etc. over the past approximately 29 years, and WHEREAS,the Board caused to be prepared an analysis of these studies to determine the most efficient action to be taken, entitled"An Assessment of Jetty Shortening,Alternatives Goldsmith Inlet, Bay, and Adjacent Shorelines," and WHEREAS, the Assessment delineated a number of recommendations that would provide needed mechanisms to achieve the following goals: 1 ,Maintenance of the inlet by preventing sediment to accrete within the mouth of the inlet 2 Overall improvement of longshore sediment transport. WHEREAS, the Board intends to implement the recommendations of the studies and analyzed in the Assessment, to advance the goals of the Town, and WHEREAS, the Board participated with a team of professionals to assist with the implementation of the proposed shortening of the jetty, and WHEREAS, the Board finds that by virtue of the fact that it is intended to implement one of the recommendations that was contained in the Assessment, it is consistent with the overall goals for the shoreline, and WHEREAS, the action is an Unlisted action pursuant to the New York State Environmental Quality Review Act(SEQRA) and Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and % WHEREAS, the Board has the authority to effect changes to the jetty which is Town owned, subject to required permits at the Town, State and Federal levels of government, and WHEREAS, since the Board holds this authority, the Town Board declares its intent to assume lead agency status under SEQRA, and WHEREAS, based on the above facts and the Part I Environmental Assessment Form (EAF) prepared for the Board's consideration in determining significance, the Board finds it prudent to take a"hard look" at the proposed action and hereby declares its intent to require the preparation of a DEIS, and NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold finds that the shortening of the jetty at Goldsmith's Inlet is an Unlisted action pursuant to 6 NYCRR Part 617, and BE IT FURTHER RESOLVED, that, as the Town Board hereby assumes lead agency status in review of the action and for the purpose of compliance with 6 NYCRR, Part 617, upon completion of the coordination period, and BE IT FURTHER RESOLVED, that the Board hereby issues a positive declaration thus requiring a DEIS, and BE IT FURTHER RESOLVED, that the Board hereby sets a meeting for Public Scoping to be held on December 2, 2008, at the Town Hall meeting room at,7:35 p.m. in conformance with 6NYCRR Part 617.8, to allow the public and agencies to provide input into the issues and information to be presented in the DEIS, and BE IT FURTHER RESOLVED, that the Board authorizes the Town Clerk of the Town of Southold to file this Resolution and the Positive Declaration with the following parties: Town of Southold, Supervisor's Office Town of Southold,Town Clerk Town of Southold,Planning Board Town of Southold,Town Trustees Suffolk County Dept. of Public Works 3 NYS Dept. of Environmental Conservation, Commissioner, Albany y NYS Dept. of Environmental Conservation,Regional Office, Stony Brook NYS Dept. of State - - v US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk(if applicable) r i Page 1 of 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, June 22, 2009 11:15 AM To: 'Al Krupski' Subject: RE: MIMS change of zone Follow Up Flag: Follow up Flag Status: Red Yes, I will notify and copy them as well. There is another kink in the application. They did not send "Notice to Adjacent Property Owners"forms. I sent the attorney the forms, information and copies of the law. I will copy the property owner on everything. Betty Elizabeth A.Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Al Krupski [mailto:alkrupskitown@yahoo.com] Sent: Monday, June 22, 2009 11:08 AM To: Neville, Elizabeth Subject: Re: MIMS change of zone should the applicant be copied as well? so it is clear where the delay really is From: "Neville, Elizabeth" <E.Neville@town.southold.ny.us> To: Al Krupski <alkrupskitown@yahoo.com>; "Andaloro,Jennifer" <jennifer.andaloro@town.southold.ny.us>; "Evans, Louisa" <louisa.evans@town.southold.ny.us>; "Finnegan, Michael" <michael.finnegan@town.southold.ny.us>; "Krauza, Lynne" <lynne.krauza@town.southold.ny.us>; "Orlando, Vincent" <vincent.orlando@town.southold.ny.us>; "Russell, Scott" <Scott.Russell@town.southold.ny.us>; Tom Wickham <wickhamthomas@yahoo.com>; William Ruland <rulandfarm@yahoo.com>; "Woodhull, Ruthanne" <Ruthanne.Woodhull@town.southold.ny.us> Sent: Friday, June 19, 2009 6:25:06 PM Subject: MIMS change of zone 7/13/2009 GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck,New York 11952 Phone: (631)2984200 Fax: (631) 2984214 WILLIAM C.GOGGINS,ESQ. ANTHONY H.PALUMBO,ESQ. Jul 7, 2009 TRACY L.KARSCH,ESQ. July DONALD A.MATES,ESQ. Of Counsel Office of the Town Clerk DONNA M. PALMER Town of Southold ' Paralegal P.O. Box 1179, 53095 Main Road Southold, New York 11971 Attn: Elizabeth Neville, Town Clerk RECr9 W® Re: 5780 West Mill Road, Mattituck, New York; JUL 10 2009 SCTM 1000-106.00-06.00-013.004; Mims Holding, LLC Southold 7,own Clerk Dear Ms. Neville: In response to your letter dated June 19, 2009, please be advised that there were thirty-three (33) notices sent out comprising of all of the property owners within two hundred (200) feet of the proposed project. We sent out a "Notice to Adjacent Property Owners" by certified mail return receipt requested. Enclosed please find the Notices, certified mail receipts and the affidavit of service. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Very truly yours, 0illia' m C. Gogg WCG\dmp enclosures TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of MIMS HOLDING, LLC 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; AFFIDAVIT OF MAILINGS STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) DONNA M. PALMER, residing at New Suffolk, New York, being duly sworn deposes and says: On July 2, 2009, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Notices to Adjacent Property Owners, attached hereto, in envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which is within two hundred (200) feet of the applicants aforesaid property. DONNA M. PALMER Sworn to before me this ay of July 2009 Notary Public awAm C.GOGGINS Notary Public,State of New Yetk 0` No.4963689,Suffolk Ceun Commission Expires March 12, o��OF SOl - - - ELIZABETH A.NEVILLE,RMC,CMC O - Town Hall,53095 Main Road TOWN CLERK - - P.O. Box 1179 REGISTRAR OF VITAL,STATISTICS y Southold,New York 11971 MARRIAGE OFFICER • COQ Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTelephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER 110M� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 19, 2009 ' Re: MIMS Holdiing,LLC Change of Zone Application William C. Goggins;Esq. Attorney at Law Post Office Box 65 13105 Main Road J Mattituck,New York 11952 Dear Mr. Goggins, It has come to our attention that you have not filed the proof of mailing of notices to adjacent property owners,together with a sworn statement with my office,nor have you submitted all original certified mail postal receipts. Have you done this? If,so, do you have the sworn statement and all original certified mail postal receipts? If you have not done this,you must do so in accordance with Chapter 280-159 of the Southold Town Code, before we can proceed any further with this change of zone application. I enclose a copy of the Southold Town Code regarding notification requirements, a sample notice to adjacent property owners form, and a copy of the checklist for rezoning petitions. I shall await further communication from you before proceeding any further with this application. ' Very truly yours, J 'Elizabeth A.Neville Southold Town Clerk cc: Town Attorney M. Finnegan " Planning Director H. Lanza Supervisor&Town Board Members TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO ADJACENT to,the Town Board of the Town of Southold.: PROPERTY OWNERS TO: , • J i YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Towri-Board,of the.Town of Southold to request a 2. That the property which is the subject of the Petition is located adjacent to your property and,is described as follows:. Suffolk County Tax Map # 1000- Property Address: KThat the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: 5. That within five days from the date•hereof, a written Petition requesting the relief'specified above will be filed in the Southold Town-Clerk's Office,at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought maybe granted, a public hearing must be held on the-matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and,designated for the publication of such notices; that' you or your representative have the right to appear and be heard at such hearing. Dated: , 20 Petitioner Mailing Address: PROOF OF MAILING NOTICE NAME ADDRESS STATE OF NEW YORK SS : COUNTY OF SUFFOLK residing at being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses,set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at that said Notices were mailed to each of the said persons by certified, registered receipt mail. Signature Sworn before me this day Of . 20 Notary Public NAME OF APPLICATION: DATE ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA, PB ❑ [:I- ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ o Fee of$1,000.00 ($500.00 for AHD) ❑ ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days preceding filing of petition ❑ ❑ ❑ Fide proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's,office and submit all original certified mail postal receipts NOTICE,MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property" • Present Zone And Proposed Zone ` • Petition Will Be Filed Within 5 Days" , • Petition Can Be Reviewed In Clerk's-Office • J Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing ' 10 Days Before Hearing Notice Published . r ❑ ❑ ❑ Meet all requirements for submitting zoning action pursuant to section.239 L &M of General Municipal Law attached hereto ❑ o ❑ If applicable, file waiver of notice from property owner w/the clerk's office ❑ D o Six (6)maps drawn at the 1"= 100' scale in accordance with attached information sheet. ❑ ❑ ❑ Six (6) sketch plan maps at the 1"--A 00' scale or the 1"=20' scale in accordance with attached"information sheet. The procedural requirements appear to have been met by this application:, Town Clerk "Date Signature _ Town Attorney , Date , ` Signature Planning Board Date Signature - • ' MARTIN D.FINNEGAN SCOTT A;RUSSELL TOWN ATTORNEY O� OF OI Supervisor martin.finnegan@town.southold.ny.us /y JENNIFER ANDALORO ~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O.$px 1179 jennifer.andaloro@town.southold.ny.us s Q Southold,New;York 11971-0959 LORI M.HULSE �', Telephone(631) 7657 939 ASSISTANT TOWN ATTORNEY eoum Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN,OF SOUTHOLD- May 29, 2009 RECEIVED ' JUN 2 2009 William C. Goggins, Esq. Goggins & Palumbo P.O. Box 65 art 13105 Main Road (Route 25) Mattituck, NY 11952 Re: Application of MIMS Holding, LLC for Change of Zone SCTM#1000-106-6-13.3 Dear Mr. Goggins: With respect to the referenced matter, I am enclosing a copy of the initial Environmental Review dated May 15, 2009. If you should have any questions regarding the enclosed, please do not hesitate to contact me. 5enn ruly y urs, er And tooant Tow ttorney JA/I k Enclosure cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl.) Mattituck Inlet Marina,South6ld SUPRA Review NP,&V#08265 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS PART III EAF MATTITUCK INLET MARINA,SOUTHOLD Prepared for: Southold Town Attorney Town of Southold Town Hall' = 53095 Main Road Southold,New York 11971-0959 Prepared by: Nelson,Pope&Voorhis,LLC - 572 Walt Whitman Road Melville,New York-11747 Date: May 15,2009 The Town of Southold Town Board has retained Nelson, Pope & Voorhis, LLC (NP&V) to assist with the review of the proposed project in conformance with, the State Environmental Quality Review Act (SEQRA). The proposed action involves a change of zone from R-80 Residential to M-II Marine H on a 33.75 acre parcel of land located in Southold. The,change of zone is being pursued by the applicant in order to construct additions to the existing marina located on the subject property. The site currently consists of the existing marina and vacant, naturally vegetated land. This document analyzes the site .and area resources including topography, soils, water, land use, zoning and transportation and other resources and available] J information and provides input for consideration by the Town Bard for adoption of,a SEQRA . Determination of Significance. This document includes a review of the Part I EAF, preparation of a Part II EAF and an analysis and recommendation based.upon this.information and independent review and inspection of the site'. The Part II EAF is provided as an attachment to this review. L V i I Page 1 Mattituck Inlet Marina,Southold SEQRA Review NP&V#08265 Location and Site Overview The subject site is located on the south side of West Mill Road, north of North Drive,-Town of Southold, County of Suffolk. The subject property can be more particularly described as SCTM Number 1000-106-06-13.4. The site currently consists of the existing marina and natural vegetation. Based upon a review of aerial photography, soil map, wetland map, topography map, and flood zone map, the site contains several environmentally sensitive features. This review will discuss the proposed zone change and its potential impact on the sites environmental resources. I Proposed Project The proposed action involves a change of zone of 16.25 acres of land from R-80 Residential to M-II as requested by the applicant on a 33.75 acre parcel of land located in Southold. The change of zone is in response to the applicant's desire to�expand the existing marina located on the subject property. The marina expansion would include the installation of 200 new boat slips in a 9.9 acre area which would be excavated so that the boat slips may be installed. A yacht club and boat club is also proposed, with amenities including swimming pools, a lazy river and restrooms. Commercial uses such as boat and marine engine repair, rental of equipment associated-with maritime uses, restaurants, museums, and transient rental units for patrons are also included as part of the project plans. Development with the improvements described above would necessitate clearing-of naturally vegetated land, mining/excavating a bluff, and the installation/expansion of utilities to service the improvements. The Town Board should assume Lead Agency and the action appears to be classified as a Type I Action pursuant to the Rules and Regulations of SEQRA. Land Use and Zoning The project site is located in an area that contains residential, vacant, agricultural, and maritime uses (Figure 1). The dominant land use in the general area is low density residential, Vacant and agricultural. The proposed zoning is generally an intrusion of the M-11 district into an existing residential area in the form of an expansion of an existing marina. This use may be incompatible with,surrounding zoning and uses north and south of the site, but is consistent with the existing M-II zoning and Marina adjoining the northeast part of the proposed expansion area. Land use compatibility warrants further examination and more detailed information about the project. Mattituck Creek is located adjacent to the, east of the subject site. Maritime uses,front both shores of Mattituck Creek in the area of the subject site. Agricultural uses are located to the north, and west of the subject site, in conjunction with some-residential uses and vacant undeveloped land located to the south and east. The subject site is zoned R-80 Residential and M-II. For single family dwellings, the minimum lot size within the R-80 district is 80,000 s.f., with lot coverage of 20% of the lot area, and a minimum livable floor area of 850 s.f. per dwelling. If developed under the current zoning, the portion of the site zoned R-80 would yield approximately 7 residential lots. The_Marine 11 zoning allows for one use (as specified in Town Code §280-55) per 80,000 square feet of land above mean high water. These uses include single family homes (if lots are single and separate), Page 2 Mattituck Inlet Marina,Southold SEQRA Review NP&V#08265 marinas, boat docks, beach clubs, boat yards, mariculture, boat repair, and retail uses associated with maritime uses. The proposed zoning would allow for future development of the site which would significantly expand the existing marina. R-80 zoning is located to the north, east, and west,while M-II zoning is located in small areas to the north and east of the site. R-40 is the predominant zoning to the south of the subject site (see Figure 2 which•illustrates current zoning in the area). R-40 zoning districts are located farther, north and northeast of the subject site. With respect to zoning, the proposed use wouldyepresent a significant encroachment of marina related business use into a predominantly residential, vacant and agricultural area zoned for low density-residential use(R-40,R-80). As the change of zone would alter and increase the intensity of the current uses of the subject site, and the change of zone may result in a significant precedent by encroachment into a residentially zone area, there is a large potential for land use or zoning impacts relative to existing community character. Traffic Generation Redevelopment under M-II zoning would be expected to increase traffic as compared to redevelopment under the current zoning. As the proposed use would be commercial- in nature, routine truck traffic would be generated. In addition, as the proposed use would increase the number of boat slips available in the marina, the number of users_of the marina would also be expected to increase, thus increase traffic to the marina. As such, there is potential for an increase in traffic generated as a result of the development of the proposed project. The magnitude of the increase will be determined based on more detailed plans, building sizes, number of slips, employees and information not currently available. This information would be used in a traffic impact study which would evaluate the magnitude and significance.of traffic impacts. Soils and Topography Topography on the subject site can be described as relatively flat on the western portion of the site, with significant relief on the eastern portion of the site. The site exhibits areas with significant slopes, especially within areas of proposed development: The Suffolk County Soil Survey (Warner, 1975) identifies seven soil types on the subject site (Figure 3), Carver and Plymouth sands, 15-35% slopes (CpE), Fill Land, Dredged Material (Fd), Plymouth loamy sand, 3-8% slopes (P1B), Plymouth loamy sand, 8-15% slopes (PIC), Riverhead Sandy Loam, 0=3% slopes (RdA), Riverhead Sandy Loam, 3-8% slopes (RdB), and Tidal Marsh (Tm),,which are described as follows: Carver and Plymouth sands, 15-35% slopes (CpE) - The Carver series consists of deep, excessively drained coarse-textured soils. This soil type is found almost exclusively on moraines except for a few steep areas on side slopes along some of the more deeply cut drainage channels on outwash plains. The hazard for erosion is moderate to severe. Fill Land, Dredged Material (Fd) — These areas were filled with material that was removed mainly to widen or deepen waterways of to create new channels. The fill material generally Page 3 Mattituck Inlet Marina,Southold SEQRA Review NP_&V#68265 , consists of organic materials, sand, gravel and sea shells. Areas may be dry, have low fertility and have a high salt content which limits plant growth. Plymouth loamy sand, 3-8%slopes (PIIS) - Consists of deep, excessively drained, coarse-textured soils that formed in a mantle of loamy sand over thick layers of stratified coarse sand and kravel. This soil is on moraines and outwash plains. The erosion hazard is slight and soil tends to be droughty. Plymouth loamy sand, 8-15%slopes(PIC) - This map unit consists of moderately slopi4g soils on moraines and outwash plains. Where it occurs on moraines, slopes are rolling in many places, and the surface is broken by closed depressions. On outwash plains this soil type is on the short . side slopes along intermittent drainageways. The hazard of erosion is, moderate. ;to severe because of the slopes and the sandy texture of the'soil. Slope and droughtiness are, the main limitations on this.soil for most nonfarm uses. Riverhead Sandy Loam, 0-3% slopes,(RdA) - Consists of deep, excessively drained; coarse - textured soils that formed in a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel. This soil is generally found on outwash plains, and the areas are large and uniform. Hazardous of erosion is slight. Riverhead sandy loam, 3-8%slopes (RdB) - The Riverhead series consist of deep, well-drained moderately course-textured soils. These soils occur primarily on outwash plains. A,few small irregular areas are on the moraines. Riverhead soils have moderate to high available moisture capacity. Internal drainage is good, with moderately rapid to very rapid permeability. Natural fertility is low. Tidal Marsh (Tm) - This soil type consists of wet areas that throughout the County ground the borders of-calmer embayments and tidal creeks. These level areas are not inundated by daily tide flow, but they are subject toflooding. These soils are very poorly drained. The site lies within the Carver-Plymouth-Riverhead soil association, which is characterized by deep, rolling, excessively drained and well-drained, coarse textured and moderately, coarse textured soils on moraines (Warner, 1975). The soil survey lists the erosion hazard for both CpE and PIC as moderate to severe, both of which consist of a significant portion of the area to be developed. The topography and soils on site appear to present development constraints as significant slopes exist within the area as well as soils with a severe erosion hazard. Iri addition, several intermittent streams are illustrated on the soil map as traversing the subject.site. The drainage characteristics of the site and area must be considered and addressed through project design and planning to ensure that significant adverse impacts are controlled. Geology As previously stated, the site exhibits significant slopes on the eastern portion of the,property. The site plan provided illustrates that the proposed project would excavate much,of this area in order to create a new area for boat slips. The excavation of the area of the proposed boat slips is expected to generate ±481,000 cubic yards of material. This volume of material (cut) to be removed from the bluff area of the site is anticipated to have a significant impact on the geology of the site, as 9.9 acres of land would become 9.9 acres,of water within Mattituck Creek and the proposed grading as well as excavation, transport and disposal of material should be considered. Page 4 Mattituck Inlet Marina,Southold SEQRA Review NE&V#08265 This removal would be regulated by-both the Town through Town Code Chapter 275 and the NYSDEC through Article 23,Title 27,Mined Land Reclamation permit. Surface and Groundwater Oualily The alteration of the existing shoreline along Mattituck Creek has potential impacts to both the surface waters of Mattituck Creek and, the groundwater within the proposed project site and within the vicinity of the proposed project. Changes to surface waters as a result of the proposed project should be examined in.,,letail as some of the proposed actions (such as dredging and removal of 9.9 acres of bluff) may•result in increased sediment suspension within the water column and resultant impacts on-Mattituck Creek. Sediments may be transportedwithin of Mattituck Creek,which in turn may be�deposited along the stream bed and may have impacts to the,pelagic community and/or wetlands•within the creek. Additionally, the increase in the number of vessels as a result of the proposed 200 slips- may lipsmay potentially impact the surface water quality, of Mattituck Creek. The increase;in vessels would potentially result in the increase of pollutants as a,result of boat fuel and exhaust; Removal of the 99 acres of bluff for the,proposed boat slips would result in removal of the aquifer in that area. This would result in a loss of groundwater filtration for the projeet site, and may potentially change the direction of groundwater'flow in the immediate area. The area of groundwater which is affected by tidal influence may also change as a result of the:,proposed project. As such, impacts to groundwater quality should be addressed. Wetlands The site does not contain any NYSDEC designated freshwater wetlands; however, it does contain wetlands designated by the Federal National Wetlands Inventory Map (Figure 4) prepared by the U.S. Fish and Wildlife Service'(USF&WS) as well as NYSDEC tidal,;wetlands. The site is located on Mattituck Creek,which-is given the designation o€"EIOWL," a fteshwater ' wetlands identified by USF&WS, which is described as estuarine, subtidal, open water with an unknown bottom, subtidal: The NYSDEC tidal wetlands map (Figure 5) identifies the site as being within an,"adjacent- , area." The site borders on tidal wetlands categorized as intertidal marsh and littoral zones. The NYSDEC regulates.those activities within 300 feet of a tidal wetland boundary, or to the 10 foot contour, as regulated under Article 25 of the ECL. As the subject property is located within 300 feet of a tidal wetlands boundary, future development of the property would be ,subject to NYSDEC regulations and new construction would require that a tidal wetlands ;permit be 1 obtained. l The proposed project involves expansion of the marina basin by removal of material, (dredging/excavation) that would increase the surface area of Mattituck Creek. Alteration of tidal currents, removal/creation of wetland edge, tidal circulation and currents and other factors related to marina expansion must be considered. The method of removal (dredging/excavation), sediment suspension,transport,disposition,and related construction impacts must be considered. Page 5 i Mattituck Inlet Marina,Southold SEQRA Review NP&V#08265 Portions of the site are also located within a designated FEMA flood zone (Figure 6),-zone AE, with a base flood elevation of 11 feet above sea level (asl). This zone.is described as "Areas with a-l% annual chance of flooding and a 26% chance of flooding over the life off-a 30-year mortgage. In most instances, base flood elevations derived from detailed analyses areshown at selected intervals within these zones." Development within this area, which includes the area proposed to be excavated for the new marina, would be subject to restrictions for developments within floodplains. Ecological Resources Correspondence from the New York State Natural Heritage Program (Attachment A)Jdentifies the potential for threatened and/or endangered species to be present on the subject property or in the area. The species identified include Piping Plover (Charadrius melodus), Common Tern (Sterna hirundo), Least Tern (Sternula antillarum), the New Jersey Pine Barrens Tiger Beetle' (Cicindela patruela consentanea), Southern Sprite (Nehalennia integricollis), Little-leaf Tick- trefoil (Desmodium ciliare), Lowland Fragile Fern (Cystopteris protrusa), Swamp Smartweed (Persicaria setacea) and Drowned Beakrush (Rhynchospora inundata). In addition, review of historic aerials suggest that much of the'wooded land located on the southern portion:of the site has been in existence since prior to 1938, creating the possibility that the wooded portion of the site is at least 100 years old. Thus, the subject property has the potential to contain significant ecological features. Land Use Plans Review of land use plans applicable to the Town of Southold reveal that two plans in;particular have recommendations regarding the subject site and/or Mattituck Creek. The Town of Southold's Community Preservation Project Plan (CPPP) lists the subject site as an eligible parcel for protection utilizing Community Preservation Project Funds. The parcel is identified as both"open space, including agricultural lands"and"undeveloped beachlands or shoreline"in the plan. The- Town of Southold's Local Waterfront Revitalization plan (LWRP) also has recommendations regarding Mattituck Creek. This plan recognizes the importance of the maritime uses within Mattituck Creek as it is"the only major harbor on Long Island Sound to the east of the Mt. Sinai/Port Jefferson harbors," but also recognizes that the removal, of native vegetation near waterways may increase soil erosion. Generally, the LWRP recommends the continuation of maritime and commercial uses along the shoreline of Mattituck Creek. As such, development of the subject property would be incompatible with the recommendations of the CPPP, but would not be inconsistent with the recommended continuation of maritime uses within Mattituck Creek as stated in the LWRP. It should be noted that the proposed project may be incompatible with other LWRP policies, such as policies 4 through 8, which, generally recommend the protection of natural coastal resources. Page,6 Mattituck Inlet Marina,Southold ' SEQRA Review NP&V#08265 Air uali As the proposed project involves the-expansion of an existing marina, there is the potential for a significant increase in use of the marina by recreational boats both for recreational and repair/maintenance purposes. This increase in use may result in an increase in the exhaust produced by boaters and as such, may have an impact on air quality. Likewise, this increase in exhaust and facility use may generate odors which would impact the surrounding residential uses. Both air quality and odor impacts should be further evaluated'in order to-determine the potential impact as a result of the proposed project. Cultural Resources' Review of the New York State Historic Preservation Office's map (Figure 7) reveals that the sites is not within an archaeologically sensitive area, nor is it contiguous to or contain-,,,a State or nationally registered historic site. As such, no impacts are expected with regards ,o cultural resources. Other Impacts The proposed project has the potential to generate impacts in categories other than those described above. Specifically, impacts related to the construction period,marina operations, and recreational opportunities may occur. As stated in the Part I EAF,the time of construction of the proposed project is anticipated to be approximately 18 months, which may be considered significant as the construction would occur in an area that is primarily surrounded by residential and agricultural uses which may be disturbed by the construction of the proposed project. In addition, the operation of the,marina would include maintenance, repair and fueling facilities which have the potential to release chemicals into Mattituck Creek., It should also be,�noted that an increase in recreational opportunities would.occur as a result of the proposed project due to the increase in boats that would be able to dock within Mattituck Creek. SUMMARY In conclusion, the proposed change of zone would lead to the expansion of the existing marina on the subject property, which would require major modification of the subject property.' The site contains several significant environmental features that would limit development;, including topographic features, wetland features, terrestrial ecological features, and geological features, which may be severely impacted by the proposed development of the subject site. The proposed project also has the potential to be incompatible with one or more of the Town's landjuse plans. The change of zone has the potential, to have a large environmental impact on the subject property and therefore, if the Board is in agreement, a Positive Declaration should be=considered for this action. Page,7 1 \ PART 2- PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information(Read Carefully) I In completing the form the reviewer should be guided by the question: Have my(responses and determinations been reasonable? The reviewer is not expected to bean expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But,for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response,thus requiring evaluation in Part 3. I The impacts of each project,on each site,in each locality,will vary. Therefore,the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. I In identifying impacts,consider long term,short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact.If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. Identifying that an Impact will be potentially large(column 2)does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2,$imply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed,to PART 3. f. If a potentially large impact checked In column 2 can be mitigated by change(s)in the project to a small to moderate impact,also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed-Action result Ina physical change to the project site? NOF-1 YES F Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot Yes ENo rise per 100 foot of length),or where•the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table © ;M Yes .O No is less than 3 feet. • Construction of paved parking area for 1,000 or more © © Yes F]No vehicles. _ • Construction on land where bedrock is exposed or 1 0 Yes -©No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or MP Yes 'Q No involve more than one phase or stage. • Excavation for mining purposes that would remove l Yes "M No more than 1,000 tons df natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. © © ❑Yes QNo • Construction in a designated floodway. © Q []Yes F]No • Other impacts: 0 QYes DNo 2. Will there bean effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc) NO ElYES • Specific land forms:- © Q ©Yes ElNo Hillside as part of geology of Mattituck Inlet river basin. Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ©NO YES Examples that would apply to column 2 • Developable area of site contains a protected water body. © -MYes L'J No • Dredging more than 100 cubic yards of material from channel of © ©Yeses No a protected stream. • Extension of utility distribution facilities through a protected water © © ;n Yes ©No body. • Construction in a designated freshwater or tidal wetland. ® 0 ,©Yes 0 No i • Other impacts_ — El © -'.,©Yes F_1 No Dredging of more than 100 cubic yards along Mattituck Creek estuary. 4. Will Proposed Action affect any non-protected existing or new body of water? ©NO YES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of © -.M Yes F�No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ©Yes n No area. • Other impacts: © :©Yes No .An increase of 9.9 acres of a water body. Page 12 of 21 1 2 3 Small to Potential- Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ' ©NO ©. YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. 7 ©Yes F, No • 'Proposed Action requires use of a source of water that does not E ;;D Yes ®No` ' have approval to serve proposed(project)action, `- • Proposed Action`,requires water supply from wells with greater ® -D T—1 Yes D No' than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water 0 © E]Yes M No supply system. , • Proposed Action will adversely affect groundwater' ® ® i®Yes No • Liquid effluent will be conveyed off the site to facilities which © © ='?®Yes ©No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons- © © . Yes No per day. • Proposed Action will likely cause siltation or other discharge into © M Yes' El No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or © © , '�Yes No chemical products greater than 1,100 gallons. • 'Proposed Action will allow residential uses in areas without , ® FlYes 11 No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses © ®Yes -FJ No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts- ©i Yes ®No !,Use of boats,storage,maintenance,repair,in marine waters and/or yard areas and potential storage,release of chemicals and impacts related to these activities. Page 13 of 21 - 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by _ Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? ©N O 0° YES Examples that would apply to column 2 • Proposed Action would change flood water flows ® Fl-31 ©Yes 51% • Proposed Action may cause substantial erosion. © M° ©Yes MI- No • Proposed Action is incompatible with existing drainage patterns.' 0 , ®Yes M. • Proposed Action will allow development in a designated „©Yes ' No floodway. • Other impacts: ® ©Yes �j]No Alteration of tidal water circulation,currents,and tidal flow along Mattituck Creek. IMPACT ON AIR 7. Will Proposed Action affect air quality? �NO oYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any 0 © :,©Yes ©No given hour. • Proposed Action will result in the incineration of more than 1 ton © © ,,DYes ©No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs.per hour D © ©Yes ©No or a heat source producing-more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land 0 © ®Yes []No committed to industrial use. • Proposed Action will allow an increase in the density of 0 © ''Yes E]No industrial development within existing industrial areas. • Other impacts: El F] +F]Yes ©No Encroachment of a use that creates exhaust and air emissions into a residential area. IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? �NO YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or © '® I ®Yes Q No Federal list,using the site,over or near the site,or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. © ©Yes ©No • Application of pesticide or herbicide more than twice a year, © © ®Yes ©No other than for agricultural purposes. • Other impacts. © IJ ©Yes, LNo 9. Will Proposed Action substantially affect non-threatened or non- _ endangeredspecies F7N O 0' YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ©Yes M No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of Yes 0 No mature forest(over 100 years of age)or other locally important El vegetation. • Other impacts: © 0 -0Yes [i]No Removal of 9.9 acres of vegetated hillside,some of which may contain forests over 100 years old. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? NO F1 YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to © © ©Yes No agricultural land(includes cropland,hayfields,pasture,vineyard, " orchard,etc.) • Construction activity would excavate or compact the soil profile of © :E]Yes No agricultural land. • The Proposed Action would irreversibly convert more than lb © © ''[]Yes No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 16 of 21 - 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of D D ©Yes No agricultural land management systems(e.g.,subsurface drain lines,outlet ditches,strip cropping);or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff) • Other Impacts: _ © ® E]Yes ®No IMPACT ON AESTHETIC RESOURCES 11 Will Proposed Action affect aesthetic resources?(If necessary,use the Visual EAF Addendum in Section 617.20,Appendix B.) ©NO, MYES Examples that would apply to column 2 • Proposed land uses,or project components obviously different ® ®° ©Yes No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. • Proposed land uses,or project components visible to users of © 0 DYes 0 No aesthetic resources which will eliminate or significantly reduce , their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or © © -,Myes ©No significant screening of scenic views known to be important to the area. • Other impacts: ® © 'DYes ®No Expansion of commercial use along Mattituck Creek tidal estuary. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? M NO MYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or Yes 0 No substantially contiguous to any facility or site listed on the State or National Register of historic places • Any impact to an archaeological site or fossil bed located within © © 'El Yes Q No the project site. • Proposed Action will occur in an area designated as sensitive ' Q _Yes 0°No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to 'Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts- © © ©Yes E]No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? © NO YES Examples that would apply to column 2 • The permanent foreclosure of a,future recreational opportunity. © © 'M Yes M No • A major reduction of an open space important to the corpmunity. © © ;®Yes 0 No • Other,impacts: © ` Yes E]No Increase in recreational boating opportunities. IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? r—.JNO F]YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? El 0 MI Yes QNo • Proposed Action will result in a reduction in the quantity of the F-1M Yes No resource • Proposed Action will result in a reduction in the quality of the Yes '�No resource? • Proposed Action will impact the use,function or enjoyment of the © © Yes ®No resource? • Other impacts: ® Oyes ©No Page 17 of 21 s 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to.existing transportation systems? 0 N O �YES Examples that would apply to column 2 • Alteration of present patterns of movement of peoplEt and/or © ® ©Yes ®No goods. • Proposed Action will result in major traffic problems. 0 © QYes Q No • Other Impacts: 0 1 [j]YesEl No Potential truck related construction traffic and increases in vehicle trips in a residential area. IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? F-�NO YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the 0 © ©Yes No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an © Q OYes No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts_ El © ©Yes [I No NOISE AND ODOR IMPACT 1'7. Will there be objectionable odors,noise,or vibration as a result of the Proposed Action? �NO YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive Q © 'Q Yes ©No facility. • Odors will occur routinely(more than one hour per day). © © ;0Yes 0 No • Proposed Action will produce operating noise exceeding the © © j©Yes ®No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a © 1l Yes ©No noise screen. • Other impacts: © El „i_IYes ©No [Potential for generation of odors in an area encroaching into residentially zoned/used lands. Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? 7NO ❑YES • Proposed Action may cause a risk of explosion or release of ® ❑ ❑Yes ❑No hazardous substances(i e.oil,pesticides,chemicals,radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" © ❑ ❑Yes ❑No in any form(i.e.toxic,poisonous,highly reactive_,radioactive, irritating,infectious,etc;) • Storage facilities for one million or more gallons of liquefied © ❑ ❑Yes ©No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other © ❑ ❑Yes ❑No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ © Dyes ❑No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 Will Proposed Action affect the'character of the existing community? ❑NO F]YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the 1:1 El ®Yes ©No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating © ❑ ❑Yes .©No services will increase by more than 5%per year as a result of this project. • Proposed Action will conflict with officially adopted plans or © ❑Yes No goals. • Proposed Action will cause a change in the density of land use. © Q MIN Yes ❑No Proposed Action will replace or eliminate existing facilities, EJ ❑ ❑Yes ❑No structures or areas of historic importance to the community. • Development will create a demand for additional community ® © ❑Yes ❑No services(e.g.schools,police and fire,etc.) Page-19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future © Q ,®Yes 0 No projects. • Proposed Action will create or eliminate employment. ©Yes ©No • Other impacts: © 0 ©Yes E]No Project involves substantial change of zone of residential land for commercial use. 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? ©r NO M YES None known; to be determine through review process. 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 i Page 20 of 21 j NELSON, POPE & VOORHIS, LLC. ENVIRONMENTAL PLANNING CONSULTING PH:(631)427-5665 572 Walt Whitman Roam FAX:(631)427-5620 MelVille,NY 11747 Transmittal Letter TO: Heather Lanza, _ Date: Wednesday, May 20, 2009 Planning Department Town of Southold Re: Mattituck Inlet Marina PO BOX 1179 Southold, NY 11971 NP&V #: 08265 VIA: X Regular Mail _ Fedex " F By Messenger _ Enclosed please find the following: Quantity Description Sets of Color figures to be included in the previously mailed Environmental Assessment 14 Review for the-above referenced property Remarks: Dear Heather: Please find the enclosed documents sent per Lara Pomi-Urbat's request. Please do not lhasitate•to ' contact me should you have any questions or need further assistance.Thank your " �., C.�3�,r:G�N•....,rgr•vt....rT:h'-'1-..*'-'`'� rru--.mro:_x•.w f�S,�•�lcerely, - NJE . ."_.'". ,can}.trcci«!,� .y.i^3.�t',g.�Q� •. `�; � r " LSON POPE &VOORHIS LLC �.➢; BV: Ashley Marciszyn x215 CC: File �'�, ,�t,� MAY 2 1 2009 , t G -' '"gig=:r�,_ - - .,•, r �. �",..,•,.•.. ,.+,.uu.wz.�...w...-a.y.,....�:.nazaa�:.Ya»awh,�a?t��'. . W` "• �, 1. M AY 2. 1- 2009 w ,:4�� J .y'7 r 1 ' il, j dY4KB�i'g L'4- LY M` $ Alf a r^.'• 1 1 +4 ,. F r. 'r+ •,k r � - z .y, z �°� t�,,„~F e� Frt��!lT a ,T �!}rtrki"'t`N z Rod w, 91 Yh€.� f J i t vj+ GH- MAP u�9rzrf'S� VS TAY 11 87" iJy —n� vX L.,.��Is� Ott >• :.. z ''� r �'is � i'{��,�g�,s y '> '+�..'. _ a r 'YA 9 G �yt :t b to Ids.wC3 - �,,,..:.. 11% n f Y e w t x y �r1 l{ 1 kn+•3 d 9(. 3 t. Y ! r b d 4 V i t: - t -.C�_ •.c °er.< t g 0 a$�... .�� s,�'t�a c { h s r�N>. . 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''€�. 1 t r%;.{•^'�,•,, #� i = 7?.',.,rt", �' �~ .� k•7�{y�ti;,YS, yt`:'a;--� �� "'`I '� �� .n^ A F ;E, '� 1 J ,�yl} ,r,:'. _ *`'rr� 5,`..1'_ iD�p,Y,l"y.�.�r'�S`�yr�":� -i<-��5� •�k'';>F:H.,=' )°, }' Y,j;F ,,}, `° d��i'dignf;� v�` ,Tr,�'i FIGURE 3 - Rattly uclk InBet Marina, SOIL MAP mattlita4ck ENEL5CNNVIRO POPE L-PLP SGL Source: Suffolk County Soil Survey NORTH ; ENVIRONMENTAL•POA IS G.GOfJSIILTWG Scale: 1"=500' SEQRAReview I f M-aW t i t uc W'µ, F. T ',/A P. •�as�,4, it;' '� ,l tx��"" "@@ Jetty, - • x0 g #Alt : cq " � � �'y w � � •jam •••-•..�..,.,�.-r� ,���'� p � ''a +e.ew � �/� w f :e4f +. 1 ,� ... mow,•. � �� � -.,. fr-�� ri. - Cv__ .•.• SAY .. 11 �F' •„<y.. ...� `r"�'•...rE 'V•F w�,.i•`� r0^ Y. 4� C x `;•l�a )k ° - . .ice•'. 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"�iF,.;�^ .,�•%.,`"_�,sy, s'�;^" _ _ __ ^-.�M y - ,'�ii 3��.'3'�`^_{ r•tfii"'c°�?.\v:.nis. -.«`��y cT-” '.q`` tt.o N. a.:.:�•• ,y?t� ,r„e:,' x. �,-,-...:s„ L- + ' t.s;i':r• 4,;:. �' 3 t 'C f % > ''•e �,.;”" m• "i`i. 4'�- �:L;�`�"" "�' ��•� i� :c F` ✓� ne.r'=;�,A z t�: '.�.a ep Kasae�`rz�'�-�,_, -it.,, 'h,:, ;`="' ,y`•=`•"�-`"�'1 f• .Y ga. 'r +"IF'" �',�?%.��`�;��,.�:�s� m.+',c-,.-�'' _ ter. `3�•.c���'^3: S�''' t• _ Y r Disclaimer:-This.map was-prepared--by the f�ew.`tork State Parks,Recreation and Historic Preservation National Register_Usting InternetApplication.The f CMarch 13, 2009 information was compiled using the most current data available. It is deemed accurate, but is not guaranteed. FIGURE 7 Mattituckt Inlet Marina, CULTURAL RESOURCES Mattituck ft Source: NYS Historic Preservation Office NORTH NELSON,FQ`c 6 VC 0-S LLC ENViF�,TJ�E'Y5L-<L.WNIM1�G•COM1ISLLTu.r� Scale. I"=3PY SEARA Review i PATRICIA A.FINNEG), SCOTT A.RUSSELL TOWN ATTORNEY �Q� so Supervisor paLricia.finnegan@town.southold.ny.us �' ' h�� �l0 Town Hall Annex,54375 Route 25 KIERAN M. CORCORAN P.O.Box 1179 ASSISTANT TOWN ATTORNEY J Southold,New York 11971-0959 kieran.corcoran@town.southold.ny.us �Q Telephone(631) 765-1939 LORI M.HULSE 0� Facsimile(631) 765-6639 ASSISTANT TOWN ATTORNEY coum N lori.hulse@town.southold,ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 28, 2009 RECEI E-D FEB 2 2008 William C. Goggins, Esq. Goggins & Palumbo P.O. Box 65 Sos�fclro ° �r�t 13105 Main Road (Route 25) P.O. Box 65 Mattituck, NY 11952 RE: Application of MIMS Holding, LLC for Change of Zone Dear Mr. Goggins: Please let this letter confirm the Town's receipt of your client's check in the sum of$2,950.00 in connection with the SEQRA review to be performed by Chic Voorhis of Nelson, Pope &Voorhis, LLC regarding the referenced application. Mr. Voorhis has been notified to begin the work. If you have any questions, please do not hesitate to contact me. V y trul yours, P tricia nnegan Town At y PAF/1k cc: Ms. Heather Lanza, Planning Director(w/encl.) Ms. Elizabeth Neville, Town Clerk (w/encs.) 26/05 '09 TUE 16:12 FAX 631 765 6145 SOUTHOLD TOWN CLERK IM001 xc TX REPORT *s* TRANSMISSION OK TX/RX NO 0367 _ CONNECTION TEL 92984214 CONNECTION ID ST. TIME 26/05 16:11 USAGE T 01'03 PGS. SENT 3 RESULT OK ELIZABETH A.NEVILLE,RMC, CMC h% Town I3all, 53095 Maio Road TOWN CLERK y s ' P.O.Box 1179 REGISTRAR OF VITAL STATISTICSp Southold, New York 11971 MARRIAGE OFFICER � � aO� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTelephone (631) 765-1800 FREEDOIvr•OF INFORMATION OFFICER COU ,� southoldtown_northfork.net r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 26,2009 L William C. Goggins, Esq. Attorney at Law Post Office Box 65 13105 Main Road Mattituck, New York 11952 Dear Mr_ Goggins, The Southold `rown Hoard on May 19,2009 adopted a resolution,of their Ixotice of intent to declare lead agency in the SEQRA process for the MIMS change of zone application. Before I can distribute this resolution to parties of interest, I will need five(5) copies of the following infon-naLion from you: 1. Site Plan. 1 Artist's Rendering , .3. Narrative from applicant describing the project. 4. Change'of Zone; application. Please arrange to have this information dropped off at the Town Clerk's Office. PIPacP coal l mP if vrni h�l[IP an�r rniPefiinne Think unit k : v7- lMattituck Inlet Marina,Southold SEQRA Review , NP&V#08265 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS RECEIVES ;• PART III EAF MATTITUCK INLET MARINA,SOUTHOLD MAY MOB uuthoN Town Ciera Prepared for: Southold Town Attorney Town of Southold Town Hall 53095 Main Road Southold,New York 11971-0959 Prepared by: Nelson,Pope&Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747 Date: May 15, 2009 The Town of Southold Town Board has retained Nelson, Pope & Voorhis, LLC .(NP&V) to assist with the review of the proposed project in conformance with the State Environmental Quality Review Act (SEQRA). The proposed action involves a change of zone from R-80 Residential to M-II Marine II on a 33.75 acre parcel of land located in Southold. The change of zone is being pursued by the applicant in order to construct additions to the existing marina located on the subject property. The site currently consists of the existing marina and vacant, naturally vegetated land. This document analyzes the site .4nd area, resources including topography, soils, water, land use, zoning and transportation and other resources and available information and provides input for consideration by the Town Bard for,adoption of a SEQRA Determination of Significance. This document includes a review of the Part I EAF, preparation of a Part II EAF and an analysis _and recommendation based.upon this information and independent review and inspection of the site. The Part II EAF is-provided as an attachment to this.,review. Page 1 Mattituck Inlet Marina,Southold SEQRA Review NP&V#08265 Looation and Site Overview Thd subject,site is located on the south side of West Mill Road, north of North Drive, Town of Sotithold, County of Suffolk. The subject property can be more particularly described as SCTM Nuttiber 1000-106-06-13.4. The site currently consists of the existing marina and natural vegetation. Based upon a review of aerial photography, soil map,-wetland map, topography map, and flood zone map, the site contains several environmentally sensitive features. This•review will/discuss the proposed zone change and its potential impact on the sites environmental resources. Proposed Project The'proposed action involves a change of zone of 16.25 acres of land from R=80 Residential to M-IT as requested by the applicant on a 33.75 acre parcel of land located in Southold. The change of'zone is in response to the applicant's desire to'expand the existing marina-located on the.'subject property. The marina expansion would include the installation of 200 new boat slips in a 9.9 acre area which would be excavated so that the boat slips may be installed. A yacht club and boat club•is also proposed, with amenities including swimming 'pools, a lazy river and restrooms. Commercial uses such as boat and marine engine repair, rental of equipment associated-with maritime uses, restaurants, museums, and transient rental units for patrons are also included as part of the project plans. Development with the improvements described above would necessitate clearing of.naturally vegetated'land, mining/excavating a bluff, and the. ' installation/expansion of utilities to service the improvements. The Town Board.should assume Lead Agency and the action appears to be classified as a Type I Action pursuant to the Rules and Regulations of SEQRA.' Land Use and Zoning The project site is located in an area that contains residential, vacant, agricultural, and maritime ' uses(Figure 1), The dominant land use in the general area is low,density residential, vacant and agricultural.-The,proposed zoning is generally an intrusion of the M-II district into an existing residential area in the form of an expansion of an existing marina. This use may be incompatible with surrounding zoning and uses north and south of the'site, but is consistent with the existing, M-II zoning and Marina adjoining the northeast part of the proposed expansion area. Land use compatibility warrants-further examination and more detailed information about the project. Mattituck Creek is located adjacent to-the east of the subject site. Maritime uses front both shotes of Mattituck Creek in the area of the subject site. Agricultural uses are located to,the north, and west-of the subject site, in conjunction with-some '.residential uses and vacant undeveloped land located to the south and east. The subject site is zoned R-80 Residential and M-H. For single family dwellings, the minimum lot size within the R-80 district is 80,000 s.f, with lot coverage of 200/6 of'the tot'area, and a minimum livable floor area'of 850's.f. per dwelling. If developed under the current zoning, the portion of the site zoned R-80• would yield approximately 7 residential lots. The Marine It zoning allows for one use (as specified in Town Code §280-55) per 80,000 square-feet of land above mean high water.'These uses include single family'homes•(if lots are single and separate)', Page 2 Mattituck Inlet Marina,Southold SEQRA Review 10&V#08265 rimafftias, boat docks, beach clubs, boat yards, mariculture, boat repair, and retail uses associated ' witLi maritime uses. The proposed zoning would allow for.future development of the site which would significantly expand the existing marina. R-80 zoning is located to the north, east, and west,while M-II zoning is located in small areas to the north.and east of the site. R-40 is,the predominant zoning to the south of the subject site(see = Figure 2•which illustrates current zoning in the area). R-40 zoning districts are located farther north and northeast of the subject site. With respect to zoning, the proposed use would represent a significant'encroachment of marina related business use into a predominantly residential, vacant and agricultural area zoned for low density residential use(R40,R-80). As the change of zone would alter and.increase the intensity of the current uses of the subject site, and the change of zone may result in a significant precedent by encroachment'into a residentially zone area,.there is a large potential for land use or zoning impacts,relative to existing community character. Traffic Generation ' Redevelopment under M-H zoning' would be expected to increase traffic as compared to redevelopment under the current zoning. As the proposed,use would be commercial in nature, routine truck traffic would be generated. In addition, as the proposed use would increase the number of boat slips available in the marina, the number of users of the marina-•would also be expected to increase, thus increase traffic to the marina. As such, there is potential for an increase in traffic generated as •a result of the development of the proposed project.' The' magnitude of the increase-will be determined based on more detailed plans, building sizes, number of*slips, employees and information not currently available. This information would be used in a traffic impact study which would evaluate the magnitude and significance of traffic impacts. Soil's.and Topography Topography on the subject site can be described as*relatively flat on the western portion of the site, With significant relief on the eastern portion of the site. The site exhibits-areas with significant slopes, especially within areas of proposed development. The Suffolk County Soil ' Survey (Wairner, 1975) identifies seven soil types-on the subject site (Figure 3),.Carver and Plymouth sands, 15-35% slopes (CpF), Fiil Land,Dredged Material(Fd), Plymouth loamy sand, 3-8% slopes (P1B), Plymouth-loamy sand; 8-15%-slopes (PIC), Riverhead Sandy Loam, 0-3%• _ slopes (RdA), Riverhead Sandy Loam, 3-8% slopes (RdB), and Tidal Marsh, (Tm), which are described as follows: Carver and Plymouth sands, 15-35% slopes (CpE) - -The Carver series consists of deep, excessively drained coarse-textured soils. This soil type is found almost exclusively on moraines except for a few steep areas on side slopes'along some of the more deeply cut drainage channels on outwash plains. The hazard for erosion is moderate to severe. Fill Land, Dredged Material (Fd) — These areas were filled with material that was removed mainly to widen-or deepen waterways of to create nein channels. The fill material generally Page 3 v Mattituck Inlet Marina,Southold SEQRA Review NP&V#08265 consists of organic materials, sand, gravel and sea shells. Areas may be dry, have low fertility and have a high salt content which limits plant growth. Plymouth loamy sand, 3-8%slopes (PlB) -Consists of deep, excessively drained, coarse-textured soils that formed in a mantle of loamy sand over thick layers of stratified coarse sand and gravel: This soil is on moraines and outwash plains. The erosion hazard is slight and soil tends to be droughty. Plymouth loamy sand, 8-15%slopes(PlQ-This map unit consists of moderately sloping soils on moraines and outwash plains. Where it occurs on moraines, slopes are rolling in many places, and the surface is broken by closed depressions. On outwash plains this soil type is on the short side slopesr along intermittent drainageways. The hazard of erosion'is moderate to severe ; because of the slopes and the sandy texture of the soil. Slope and droughtiness•are the main limitations on this soil for most nonfarm uses. Riverhead Sandy Loam, 0-3% slopes (RdA) - Consists of deep-, excessively drained, coarse - textured soils that formed in a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel. This soil is generally found on outwash plains, and the areas are large and uniform. Hazardous of erosion is slight. Riverhead sandy loam, 3-8%slopes (RdO) - The Riverhead series consist of deep, well-drained, moderately course-textured soils. These soils occur primarily on outwash plains. A few small irregular areas are on the moraines. Riverhead soils have moderate to high available moisture 'capacity. Internal drainage is good,'with moderately rapid to very rapid permeability. Natural fertility is low. Tidal Marsh (Tm) -'This-soil type consists of wet areas that,throughout the County around the borders of calmer embayments and tidal creeks. These level areas are not inundated by daily tide f flow, but they.are subject to flooding. These soils are very poorly.drained The site lies within the Carver-Plymouth-Riverhead soil association, which is characterized by deep, rolling, excessively drained and well-drained, coarse -textured and ,moderately. coarse textured soils on moraines (Warner, 1975). The soil survey lists the erosion hazatd for both Cp"ls and PIC as moderate to severe,both of which consist of a significant portion of the area to be developed. The topography,:and soils on site appear to present development constraints'as significant slopes exist within the area as well as soils with a severe erosion hazard. Iri addition, several intermittent streams-are-illustrated on the soil map as•traversing the subject.site. The drainage characteristics'of the site and area must be considered and addressed through project design and planning to ensure that signif cant adverse impacts are controlled. GegloQy As previously stated, the site exhibits significant slopes on the eastern portion of the property. The site plan provided illustrates that the proposed project would excavate much of this area in order to create a new area for boat slips. The excavation of the area of the proposed boat slips is. expected to generate ±481,000 cubic yards of`material. This volume of material (cut) to be c removed from the bluff area of the site is anticipated to have a significant impact on the geology of the site; as 9.9 acres-of land would become 9.9 acres of water within Mattituck Creek and-the proposed grading as well as excavation, transport and disposal of material should be considered. - Page 4 Mattituck Inlet Marina,Southold _ SEQRA Review NP&V#08265 This,removal would be regulated by both the Town through TownrCode Chapter 275 and the NYSDEC through Article 23,Title 27,Mined,Land Reclamation permit. Surface and,Groundwater Quality . The-alteration of.the existing shoreline along Mattituck Creek has potential impacts to both the surface waters of Mattituck Creek and, the groundwater within -the proposed project site 'and within the vicinity of the proposed project. Changes to surface waters as a result of the proposed project should be examined in detail as some of the proposed actions (such as dredging and removal of 9,9 acres of bluff) may result in increased sediment suspension within the- water column and resultant impacts on Mattituck _ Creek. Sediments may be transported within of Mattituck Creek,which in turn may be deposited along the streambedand may have impacts to the pelagic community and/or wetlands within the creek. Additionally, the increase in the number of vessels ass-a result of the proposed 200 slips may*potentially impact the surface water quality of Mattituck Creek. The increase in vessels would potentially result in the increase of pollutants as a result of boat fuel and exhaust. 1 Removal"of the 9.9 acres of bluff for the proposed boat slips would result in removal of the aquifer in that area. This would result in.a loss of groundwater filtration for the project,site, and may, potentially change the direction of groundwater flow in the immediate area. The'area of groundwater which is affected by tidal influence-may also change as a result of the proposed project. As such, impacts to groundwater quality should,be addressed. Wetlands The site-does not-contain any NYSDEC designated freshwater wetlands,, however, it,does contain- wetlan& designated by the Federal'National Wetlands Inventory 'Map (Figure 4) • prepared by the U.S. Fish and Wildlife Service(USF&WS) as well as NYSDEC tidal wetlands. The site is located on Mattituck Creek,which is given the designation o€"EIOWL,"a freshwater ' wetlands identified by USF&WS, which is described-as estuarine, subtidal, open water with an unknown bottom,subtidal; The-NYSDEC tidal wetlands map (Figure 5) identifies the site as being within an "adjacent area.". The site borders on tidal wetlands categorized,as intertidal marsh and littoral zones. The. NYSDEC regulates those activities within 300 feet of a tidal wetland boundary,-or to the 10 foot contour, as-regulated under Article 25 of the ECL. As the subject property is located within 300 feet of a tidal wetlands boundary, future development of the property would be subject to NYSDEC regulations and new construction would require that. a'tidal wetlands permit be obtained. The proposed project involves expansion of the marina.basin• by removal of material (dredging/excavation) that would increase the surface area of Mattituck Creek. Alteration of tidal currents, removal/creation of wetland edge, tidal circulation and currents and other••factors related to marina expansion must be considered. The method.of removal(dredging/excavation), sediment suspension,transport,disposition,and related construction impacts must be considered. Page 5 Mattituck Inlet Marina,Southold SEQRA Review NP&V A8265 Portions of the site are also located within a designated FEMA flood zone (Figure 6), zone AE, with a base flood elevation of 11 feet above sea level (asl). This zone is described as "Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year -mortgage. In most instances, base flood elevations derived from detailed analyses are shown at selocted intervals within these zones." Development within this area, which includes the area proposed to be excavated for the new marina, would be subject to restrictions for developments within floodplains. Ecological Resources- - Correspondence from the New York State Natural Heritage Program(Attachment A) identifies the'potential for threatened and/or endangered species to be present on the subject property or in the area. The.species- identified include Piping Plover (Charadrius melodus), Common Tern- (Stcrna hirundo), Least Tern (Sternula antillarum), the New Jersey Pine Barrens Tiger Beetle (Cidindela patruela consentanea), Southern Sprite (Nehalennia-integricollis), Little-leaf Tick- trefoil (Desmodium ciliare), Lowland Fragile Fern (Cystopteris protrusa); Swamp Smartweed (Persicaria setacea) and Drowned Beakrush (Rhynchospora inundata).- In addition,.review of historic aerials suggest that much of the wooded land located on,the southern portion of the site has been in existence since prior.to 1938, creating the possibility that the wooded portion of the site is at-least 100 years old. Thus, the subject property has the potential to contain significant ecological features. Land Use Plans Review of land use plans applicable to the Town of Southold reveal that two plans in particular' have rec6mmendati6ns regarding the subject site and/or Mattituck Creek. The 'Town of Southold's Community Preservation Project Plan (CPPP) lists the subject site as an eligible paf'Cel for protection utilizing Community Preservation Project Funds. The parcel is identified as both"'open space,including agricultural lands"and"undeveloped beachlands or shoreline"in the plan. ` The ' Town of Southold's Local Waterfront Revitalization Plan (LWRP) -also has recommendations regarding Mattituck -Creek. This plan. recognizes the importance of the maritime uses-within Mattituck Creek as it is"the only,major harbor on Long Island Sound to the easf.of the Mt. Sinai/Port Jefferson harbors," but also recognizes that the removal o£ native vegetation near waterways may increase soil erosion. Generally, the LWRP recommends the continuation of maritime and commercial uses along the shoreline of Mattituck Creek. As,such, development of the subject property would be-incompatible with the recommendations of the CPPP,but would not be inconsistent with the recommended continuation of maritime uses within Mattituck Creek as stated in the LWRP. it should be noted that the proposed,project may be incompatible with other LWRP policies, such as policies 4 through 8, which generally recommend the protection of natural coastal resources. Page 6 Mattituck Inlet Marina,Southold SEQRA Review NP&V#08265 uali ` Ag�--the proposed project involves the expansion of an existing marina, there the potential for a sigtifficant increase in use of the marina b_y recreational boats both for recreational' and repair/maintenance purposes. This,increase in use may result in an increase in the exhaust produced by boaters and as such, may have an impact-on air quality. .Likewise, this increase in exhaust and facility use may generate odors which would impact the surrounding residential uses. Both air quality-and odor impacts should be further evaluated in order to determine'the potential impact as a,result of the proposed project. Cultural Resources Review of the-New York State Historic Preservation office's map (Figure 7) reveals that the sites is not within an archaeologically sensitive'area, nor is it contiguous to or contain a State or nationally registered.historic site. As such,;no impacts are expected with regards to cultural resources. Other Impacts ti ''The- proposed project has,,the potential to generate impacts in categories other than those -described above. Specifically, impacts related to the construction period,marina operations, and 1 tated in the Part I EAF,the time of construction of the recreational opportunities may occur. As s proposed project is anticipated .to be approximately 18 months, which may be -considered significant as the construction would occur in.an area that is primarily surrounded by residential and agricultural uses which may be disturbed-by the construction of the proposed project. In addition, the operation of the marina would include maintenance, repair and fueling facilities which have the potential to release chemicals into.Mattituck Creek. It_should also be noted that an increase in recreational opportunities would.occur as a result of the proposed project flue to the increase in boats that would be able to dock within Mattituck Creek. SUMMARY In conclusion, the proposed change of zone would lead to the expansion of the existing marina on the subject property, which would require major modification of the subject property. The site,contains several significant environmental features that would limit development, including topographic features, wetland features, terrestrial ecological features, and geological features, which may be severely impacted by'the proposed development of the subject site. The proposed project also-has the potential to be incompatible with one or more of the Town's land use'plans, The change of zone has the potential*to have a large environmental, impact on the subject propertyand therefore, if the Board is in agreement,_a Positive Declaration should be considered for this action.. Page 7 i l SO!/T�,o ' ELIZABETH A.NEVILLE,RMC,CMC h0 l0 Town Hall,53095 Main Road TOWNI CLERK- P.O. Box 1179 REGISTRAR OF VITAL STATISTICS N ar Southold, New York 11971 MARRIAGE OFFICER • �O� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Ol� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER buff 1,,� southoldtown.northfork.net J OFFICE OF,THE TOWN CLERK TOWN OF SOUTHOLD May 26, 2009 - 4 William C. Goggins, Esq. Attorney at Law Post Office Box 65 13105 Main Road Mattituck,New York 11952 Dear Mr. Goggins, The Southold Town Board onMay19, 2009 adopted a resolution of their notice of intent ' to declare lead agency in the SEQRA process for the MIMS change of zone application. Before I can distribute this resolution to parties of interest, I will need five(5) copies of the following information from you: 1. Site Plan. 1 ~ 2. Artist's Rendering 3. Narrative from applicant describing-the project. 4. Change of Zone application. Please arrange to have this information drooped off at the Town Clerk's Office. Please call me if you have any questions. Thank you. Very truly your Eliza eth A.Neville Southold Town Clerk cc: Town Attorney Office Planning Department l RESOLUTION 2009-407 ADOPTED DOC ID: 5024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2009-407 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 19,2009: WHEREAS, an application has been submitted by MIMS Holding, LLC, 5780 West Mill Road, Mattituck,NY, for property located at 1885 Home Pike, Mattituck,NY, more specifically known and identified as Suffolk County Tax Map#1000-106-6-13.4; and. WHEREAS, the application involves amending the zoning map of the Town of Southold by changing the.zoning on 16.25 acres of the 33.75 acre site from its current R-80 single family residential district designation to the MII, Marine II district; and WHEREAS, pursuant to the requested rezoning, it is the applicant's intention,to file an- application to renovate and expand the current Marina facility including the installation of 200 new boat slips and a yacht club and boat club with amenities; and WHEREAS, in accordance with the provisions of 6 NYCRR Part 617,the Town Board of the f Town of Southold intends to serve as Lead Agency for the SEQR Review of this Type I Action, and in this capacity, will determine if the proposed action will have a significant effect on the environment; and WHEREAS, it is the intention of the Lead Agency to undertake a coordinated review of this action. Resolution 2009-407 Board Meeting of May 19, 2009 NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby designates its intention to serve as Lead Agency for the SF_QR Coordinated Review of this Action, and directs the Lead Agency,Notice to be circulated, along with the Environmental Assessment Form, to all involved agencies. Involved agencies shall be given 30 days from the mailing of the Lead Agency Notice to challenge the Town Board's designation. RESOLVED that the Town Clerk be authorized and directed to forward this to the Suffolk County Planning Commission and the Southold Town Planning Board. DE IT FINALLY RESOLVED that this resolution shall have an effective date of May 19, 2009. Elizabeth A. Neville -Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,_Justice SECONDER:Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 5/20/2009 9:55 AM by Lynda Rudder Page 2 Pagel of 2 From: Lanza, Heather Sent: Friday, May 22, 2009 3:43 PM To: Neville, Elizabeth Subject: FW: MIMS Notice of intent SEQRA to involved agencies Betty, As per the e-mail below, I have put the color attachments and plans to go with the Notice of Intent for the Mattituck Inlet Marina in the interoffice mail to you. The color copies(four of them)are for the four involved agencies that would most likely want to see plans (they are listed below). Other agencies can simply receive the documents without the plans or color appendices from the SEQR review. E-mail if you have any questions. I will be out next week, but will occasionally check e-mail. Heather From: Lanza, Heather Sent: Wednesday, May 20, 2009 1:17 PM To: Andaloro, Jennifer; Krauza, Lynne Subject: MIMS Notice of intent SEQRA to involved agencies I am making copies of the plans to send with the Notice or Intent to be Lead Agency to certain involved agencies as I had mentioned before. I also am getting the rest of the color attachments for the SEQRA review and the Part III which should have been put together with the document, but I mistakenly didn't include them when I sent it over to your office. The entire SEQRA review should be included(I would imagine),together with the application materials I have (the big plans, and the summary description of the proposed project)for certain involved agencies who will take an interest in this project and have to review it. Those would be: • Suffolk County Health (SC DHS) • DEC • Suffolk County Planning Commission • Planning Board The packet to send to the above agencies should include: 1. Site plan 2. Artist's Rendering 3. , Narrative from applicant describing the project 4. Application form for Change of Zone 5. SEQRA review from NPV 6. Anything else we usually send(the Notice•of Intent letter,etc.) Heather Lanza,AICP- Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 file://S:\Town Clerk\txtban\ChangeOfZoneApls\MIMS'Holdings LLC\FW MIMS Notice ... 5/26/2009 Page 2 of 2 Phone: (631)765-1938 E-mail: heather.lanza@town.southold.ny.us J ,file://S:\Town Clerk\txtban\ChangeOfZoneApls\MIMS Holdings LLC\FW MIMS Notice ... 5/26/2009 Page 2 of 2 Town Planning Director 53095 Route 25 P.O.BOX 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza@town.southold.ny.us 5/22/2009 i-I` Page 1 of 2 Cooper, Linda From: Krauza, Lynne Sent: Tuesday, January 27, 2009 12.56 PM To: Neville, Elizabeth; 'Chic Voorhis'; Cooper, Linda Cc: Finnegan, Patricia; Lanza, Heather Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) The fee is $2,950.00 and we received the check yesterday afternoon. 'The check has been given to John Cushman at his request. From: Neville, Elizabeth Sent: Tuesday, January 27, 2009 11:40 AM To: Chic Voorhis; Krauza, Lynne; Cooper, Linda Cc: Finnegan, Patricia; Lanza, Heather Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Lynne, Linda, What is NVP's fee for this review? Has the Town Clerk's Office collected the fee from the applicant yet? Please advise. Thank you Betty Neville Elizabeth A.Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Chic Voorhis [mailto:cvoorhis@nelsonpope.com] Sent: Tuesday, January 27, 2009 11:28 AM To: Krauza, Lynne Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Fantastic, We'll start right away. Chic Charles J.Voorhis,CEP,AICP Managing Partner NELS_O_N, POPE &_VOORHIS, LLC ENVIRONMENTAL • PLANNING CONSULTING 572 Walt Whitman Road Melville,NY 11747 Ph: (63 i)427-5605 cxt.2o6 fax:(631)427-5620 cvoorhis@nelsonpope.com 2/2/2009 Page 2 of 2 From: Krauza, Lynne [ma IIto:lynne.krauza@town.southold.ny.us] Sent: Tuesday, January 27, 2009 10:32 AM To: cvoorhis@nelsonpope.com Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Hi Mr. Voorhis, Pat Finnegan asked me to let you know that we would like you to proceed with the SEQRA review in connection with the referenced application pursuant to your Proposal dated November 17, 2008. The SCTM number is 1000- 106-6-13.3. Please contact me if I can be of further assistance. Thank you. Lynne Krauza Secretary to Town Attorney Town of Southold (631) 765-1939 2/2/2009 Page 1 of 1 Neville, Elizabeth From: Chic Voorhis [cvoorhis@nelsonpope.com] Sent: Wednesday, March 04, 2009 2:35 PM To: Krauza, Lynne Cc: Finnegan, Patricia; Lanza, Heather, Neville, Elizabeth; 'Lara Urbat' Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Attachments: Applicant EAFPartllncomplete_LU.doc Lynne, We have commenced the review of Mattituck Inlet Marina as authorized below. A quick initial review of the Part 1 EAF finds that it is so grossly deficient, that we recommend that you return it to the applicant to be properly completed. There is really no useful information contained in the form, and the onus should be on the applicant to at least complete a proper Part I EAF. Attached, please find a draft letter for your use. The letter as drafted is for signature by Heather, but if you would prefer it to come from our office, please indicate who we should issue the letter to or feel free to call to discuss. Thanks, Chic Charles J. Voorhis, CEP, AICP Managing Partner NELSON, P®PE & V® HIS, LLC ENVIRONMENTAL - PLANNING CONSULTING 572 Walt Whitman Road Melville, NY 11747 ph: (631)427-5665 ext.206 fax: (631)427-5620 cvoorhis@nelsonpope.com From: Krauza, Lynne [mailto:lynne.krauza@town.southold.ny.us] Sent: Tuesday, January 27, 2009 10:32 AM To: cvoorhis@nelsonpope.com Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Hi Mr. Voorhis, Pat Finnegan asked me to let you know that we would like you to proceed with the SEQRA review in connection with the referenced application pursuant to your Proposal dated November 17, 2008 The SCTM number is 1000- 106-6-13.3. Please contact me if I can be of further assistance. Thank you. Lynne Krauza Secretary to Town Attorney Town of Southold (631) 765-1939 2/6/2009 Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Monday, February 02, 2009 9:50 AM To: 'Ipomi@nelsonpope.com` Cc: 'cvoorhis@nelsonpope.com' Subject: EAF Part I MIM_20090130143319.pdf Attachments: EAF Part I MIM_20090130143319.pdf Mattituck Inlet Marina Part I EAF as you requested 2/2/2009 ��• Page 1 of 1 Cooper, Linda From: Lara Urbat[Ipomi@nelsonpope.com] Sent: Friday, January 30, 2009 4:02 PM To: Cooper, Linda Cc: 'Chic Voorhis' Subject: Mattituck Inlet Marina Part I EAF Linda, Please send the Part I EAF for the Mattituck Inlet Marina to myself and Chic. Thank you for your help Regards, Lara H. Pomi-Urbat Environmental Analyst NELSON, POPE &VOORHIS, LLC FNVIRQNNIFN-I'Al. - P1 ANNING • CONSOLTING >iz Walt Whitman Roy-4d Melville, NY 71I4l lay;(t;i i}.t?�-•,6:?;, Ipomi@nelsonpope.wm 2/2/2009 Page 1 of 2 Neville, Elizabeth J - - - -- r From: Cooper, Linda Sent: Tuesday, January 27, 2009 11:58 AM To: Neville, Elizabeth Subject`. RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) This is what Pat wrote: "Despite the fact that I told the applicant to send it to you, he dropped it off here and John said he'll take the check...the paperwork explaining all is on its way to you. Pat" Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for,but as long as we're here,we might as well dance i From: Neville, Elizabeth Sent: Tuesday, January 27, 2009 11:55 AM To: Cooper, Linda Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) No, not yet? Elizabeth A.Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Cooper, Linda Sent: Tuesday, January 27, 2009 11:53 AM To: Neville, Elizabeth Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) I assume you got Pat's response. Linda J. Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life iiiav not be the party we hoped for,but as long as we're here,we might as well dance i From: Neville, Elizabeth Sent: Tuesday, January 27, 2009 11:40 AM To: Chic Voorhis; Krauza, Lynne; Cooper, Linda Cc: Finnegan, Patricia; Lanza, Heather Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Lynne, Linda, What is NVP's fee for this review? Has the Town Clerk's Office collected the fee from the applicant yet? Please advise. Thank you 2/18/2009 Page 2 of 2 * Betty Neville Elizabeth A.Neville Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Chic Voorhis [mailto:cvoorhis@nelsonpope.com] Sent: Tuesday, January 27, 2009 11:28 AM To: Krauza, Lynne Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Fantastic, We'll start right away. Chic Charles J.Voorhis,CEP,AICP klanaging Parnwr NELSON, POPE & VO IS, LLC ENVIRONMENTAL • PI ANNING CONSULTING 572 Wall NN'Itittnan Road Molville.:NY 117977 ph: (63 I)421-1-5665 ext.206 kax:(0A1)42;-;5620 cvoorhis'ia nelsonpopexon) From: Krauza, Lynne [mailto:lynne.krauza@town.southold.ny.us]M„ Sent: Tuesday, January 27, 2009 10:32 AM To: cvoorhis@nelsonpope.com Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Hi Mr. Voorhis, Pat Finnegan asked me to let you know that we would like you to proceed with the SEQRA review in connection with the referenced application pursuant to your Proposal dated November 17, 2008. The SCTM number is 1000- 106-6-13.3. Please contact me if I can be of further assistance Thank you. Lynne Krauza Secretary to Town Attorney Town of Southold (631) 765-1939 2/18/2009 PATRICIA A.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor patricia.f-innegan(�dtown.southold.ny.us Os`*OF so�ryol KIERAN M. CORCORAN Q Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY l P.O. Box 1179 kieran.corcoran@town.southold.ny.us y Southold,New York 11971-0959 LORI M.HULSE Ql �� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY ��'QU Facsimile(631) 765.6639 lori.hulse@town.southold.ny.us ' OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 20, 2009 FEB 2 20®8 idr Mr. Chic Voorhiscoqa� 9�� s �t Nelson, Pope &Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747-2188 Re: SEQRA Review/MIMS Holding, LLC/Change of Zone Application Mattituck Inlet Marina Dear Mr. Voorhis: I am enclosing a copy of your firm's Proposal dated November 17, 2008, in connection with the referenced matter, which has been executed by Supervisor Russell as of today. I am also enclosing a copy of the resolution authorizing this work. If you have any questions regarding this matter, please do not hesitate to call me. joery truly yours, t tricia A. Finne an wn Attorney PAF/Ik Enclosures cc: Members of the Town Board (w/encls.) / Ms. Elizabeth A. Neville, Town Clerk (w/encls. —original, executed Proposal) f i E� I E PATRICIA A.FINNEI;' `f SCOTT A. RUSSELL } TOWN ATTORNEY,-' Supervisor + patricia.finnegan@town.southold.ny.us0� so � l KIERAN M. CORCORAN Town Hall Annex,54375 Route 25 '` O ASSISTANT TOWN ATTORNEY P.O. Box 1179 kieran:corcoran@town.southold.ny.us N �c Southold,New York 11971-0959 LORI M.HULSEQl� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY C�U � Facsimile(631) 765-6639 lorithulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED MEMORANDUM JAN 2 8 To: Mr. John Cushman, Comptroller South,111 T0JVfl CGrit From: Lynne Krauza Secretary to the Town Attorney Date: January 27, 2009 Subject: MIMS Holding, LLC/Change of Zone Application SEQRA Review I am enclosing a check in the sum of$2,950.00 representing the fee for the SEQRA review submitted by the applicant in connection with the referenced application. Also enclosed is a copy of the Proposal in this regard. We have notified Chic Voorhis of Nelson, Pope &Voorhis, LLC via email that we would like them to proceed. A copy of that email is also enclosed. Finally, I am also enclosing a copy of the resolution authorizing this SEQRA review. When the work has been completed, we will forward a bill requesting payment. 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'•s:,r 1? ,ti«_., {>_ d 1, .q'r ,a•`�:' A.2 ¢ .e;•'\�•„�f� �, �'..?^��.'.�= ��.. _,j.1z t.. f f �Sr'� �'q-� IP'' t+.”' � :t�. �• s �.,.r �;�= zn _.,, ;, ::i 4>:," .). - t1.1f f :"l.t 's9ka { ',:' 's s _ .F:' :> ;f'y ..0.'2Y ,_,'TM f i"-•.f_ r'.. -a,Lz:'k'Y xr:.• -2}, -!= T'Y,.siTt -^r•'T'-;(i'• i .} •r_`� is_ _ _ _ _ _ ':}`,.'t• 'r "rt.A k':i!(1`"xf(;„;-'u't: '7'" __ .t _ _ �•'s'•- =,)i..';�_- I.� .`.'rig ' ( _ ."tl•`w •+r.,,�',. :.})`' ,I.. !S :.#" ":)D.-C 2 1:11'4 2 2 4�if'p 1-40 a ► NELSON, POPE_& VOORHIS, 1-1-0 fl ENVIRONMENTAL • PLANNING • CONSULTING 572 WALT WHITMAN ROAD.MELVILLE.NY 11747-216© (931) 427-5895 FAX (s31) 427-5820 npw9nelsonpope.00m November 17,2008 Ms. Heather Lanza Town of Southold Town Hall Annex 54375 State Route 25 P.O.Box 1179 Southold,New York 11971 Re: Town of Southold,SEQRA Review SCTM No. 1000-106-6-13.3 Proposed Expansion: Mattituck Inlet Marina,Mattituck Proposal for Services Dcar Heather: Thank you for contacting NP&V for services in connection with the SEQRA review of the above referenced project. The following services and fees are proposed: 1. Inspect property and area to determine environmental resources and site characteristics. 2. At time of field inspection meet with applicant at project site to gain understanding of the proposed project. 3. Meet with Planning Board to discuss project(I meeting). 4. Review Project Plan and supporting information in the applicants submission. 5. Review Part I Environmental Assessment Form. 6. Review comments received from involved agencies and Town Departments(if available). 7. Consult with NYSDEC Bureau of Marine Habitat Protection for input regarding plan. 8. Prepare Part II Environmental Assessment Form. 9. Prepare environmental planning review/analysis based upon potential impacts identified in the Part 11 and provide recommendation for a SEQRA determination of significance or request for additional information necessary to make the determination. Fee: $2,950.00 Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfully submitted, AGREED TO AND ACCEPTED NELSON,POP,&VOORHIS,LLC TOWN OF SOUT LD 6fk Voov f By. �,� Charles J.Voorhis,CEP,AICP -Scot A. Russell, Supervisor Dated: 0 17—09 - Page 1 of 1 Krwza, Lynne From: Chic Voorhis[cvoorhis@nelsonpope.com] Sent: Tuesday, January 27, 2009 11:28 AM To: Krauza, Lynne Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: RE: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Fantastic, We'll start right away. Chic Charles J.Voorhis,CEP,AICP Managing Par tner NELSON, POPE &VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING 572 Walt Whitman Road Melville,NY 11747 ph: (631)427-5665 ext.206 fax:(631)427-5620 cvoorhis@nelsonpope.com From: Krauza, Lynne [mailto:lynne.krauza@town.southold.ny.us] Sent: Tuesday, January 27, 2009 10:32 AM To: cvoorhis@nelsonpope.com Cc: Finnegan, Patricia; Lanza, Heather; Neville, Elizabeth Subject: MIMS Holding, LLC/Change of Zone Application (Mattituck Inlet Marina) Hi Mr. Voorhis, Pat Finnegan asked me to let you know that we would like you to proceed with the SEQRA review in connection with the referenced application pursuant to your Proposal dated November 17, 2008. The SCTM number is 1000- 106-6-13.3. Please contact me if I can be of further assistance. Thank you. Lynne'Krauza Secretary to Town Attorney Town of Southold (631) 765-1939 1/27/2009 - " Southold Town Boa = Letter board Meeting of November 5, 2008 RESOLUTION 2008-1008 Item 11 3 ADOPTED DOC ID: 4379 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1008 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 5, 2008: RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Russell to execute an agreement with Nelson, Pope and Voorhis to perform a SEQRA review on the application of MIMS Holding LLC for a change of zone from R-80 to M-2 on SCTM#1000-106-06-13.4, proposal to be subject to the approval of the Town Attorney. The applicant will be required to reimburse the Town for all costs of SEQRA review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated November 10, 2008 Page 30 ORIGINAL NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL PLANNING • CONSULTING 572 WALT WHITMAN ROAD.MELVILLE.NY 11747- 21 BB (631) 427-5665 FAX (631) 427-5620 npv(9ne1scnpope com November 17,2008 Ms.Heather Lanza Town of Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971 Re: Town of Southold, SEQRA Review SCTM No. 1000-106-6-13.3 Proposed Expansion: Mattituck Inlet Marina,Mattituck Proposal for Services Dear Heather: Thank you for contacting NP&V for services in connection with the SEQRA review of the above referenced project. The following services and fees are proposed: 1. Inspect property and area to determine environmental resources and site characteristics. 2. At time of field inspection meet with applicant at project site to gain understanding of the proposed project. 3. Meet with Planning Board to discuss project(1 meeting). 4. Review Project Plan and supporting information in the applicants submission. 5. Review Part I Environmental Assessment Form. 6. Review comments received from involved agencies and Town Departments(if available). 7. Consult with NYSDEC Bureau of Marine Habitat Protection for input regarding plan. 8. Prepare Part II Environmental Assessment Form. 9. Prepare environmental planning review/analysis based upon potential impacts identified in the Part II and provide recommendation for a SEQRA determination of significance or request for additional information necessary to make the determination. Fee: $2,950.00 Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfully submitted, AGREED TO AND ACCEPTED NELSON,POPE&VOORHIS,LLC TOWN OF SOUT LD 6fk v6dQ &j By: Charles J. Voorhis,CEP,AICP Scoty A. Russell, Supervisor Dated: Southold Town Board-Letter Board Meeting of November 5, 2008 RESOLUTION 2008-1008 Item 11 ADOPTED DOC ID: 4379 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1008 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 5,2008: RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Russell to execute an agreement with Nelson, Pope and Voorhis to perform a SEQRA review on the application of MIMS Holding LLC fora change of zone from R-80 to M-2 can SCTM#1000-106-06-13.4, proposal to be subject to the approval of the Town Attorney. The applicant will be required to reimburse the Town for all costs of SEQRA review. tet. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated November 10, 2008 Page 30 PLANNING BOARD MEMBERS J E RI I,YN R. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GBOR(~-E D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Bax ti79 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Raute 25 (cot. Main Rd. & Youngs Ave. I Southold, NY Telephone: 681 765-19B8 Fax: 631 '/65-3136 February 9,2009 RECEIVED VIA FACSIMILE and FIRST CLASS MAIL William C. Goggins, Esq. Goggins & Palumbo P.O. Box 65 13105 Main Road (Route 25) Mattit6ck, NY 11952 FEB 1 0 2009 $ot,',~c[:~ Town C~arl~ Re: Proposed Expansion: Mattituck Inlet Marina SCTM#1000-106-6-13.3 Dear Mr. Goggins: Initial review has been made by our consultant, Nelson, Pope & Voorhis, with regard to the above-referenced SEQRA review to establish the completeness of the submission. It has been determined that the Part I Environmental Assessment Form is currently incomplete and a determination of significance cannot be made until a fully completed Part I Environmental Assessment Form has been received. A list of items not addressed in the Part I Environmental Assessment Form is provided for your use below. 1. A more detailed project description should be provided. This would include a concise summary of all proposed actions on the subject site. 2. Question A2: Please provided existing and proposed acreages for all land types on the subject property. 3. Question A3: Please indicate whether or not the entirety of the site consists of well drained soils. 4. Question A5: Please indicate what slopes are present on the remaining 60% of the site. 5. Question A8: Please provide the depth to the water table for the subject site. 6. Question Ag: As all of Suffolk County is located over a sole source aquifer, please change the response to this question to "Yes." 7. Question Al1: The NYSDEC's Environmental Resource Mapper indicates the presence of threatened and endangered species within the vicinity of the project site. Please indicate the potential for these species. William C. Goggins, Esq. Page 2 February 9, 2009 8. Question A13: As the site is currently a marina and the expansion will contain a marina, the subject site is and will be utilized for recreational purposes. Please indicate this for this question. 9. Question A15: The waterbody to'which the project is adjacent to is part of Mattituck Creek. Please revise this answer to reflect this information. 10. Question A16b: Please indicate the approximate size of the wetlands adjacent to the subject property. 11. Question B1 - B5: Please provide answers to these questions. 12. Question B12b: Please indicate thebody of water which will receive the effluent. 13. Please provide an answer to Question B13. 14. Question B16b: The answer to this question indicates that an existing solid waste facility will not be used. If this is'in fact true for the project, then please indicate where the solid waste generated by the proposed project will go. 15. Question 17a & b: Please provide an answer to these questions. 16. Please provide answers to Questions 23 and 24. · 17. Question C5: Please provide the maximum potential development of the site utilizing the proposed zoning. 18. Question C7: Please indicate the land uses surrounding the subject site. If you should have any questions or require additional information, please do not hesitate to contact me. Very truly yours, Heather Lanza Planning Director HL/Ik cc: Nemschick Silverman Architects, P.C. Mr. Chic Voorhis, Nelson, Pope & Voorhi~, Ms. Elizabeth A. Neville, Town Clerkc.,,"' Patricia A. Finnegan, Esq., Town Attorney .o PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIEP. AN M. CORCOI~AN ASSISTANT TOWN ATTORNEY kicran.corcoran@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulseCo) town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 January 16,2009 William C. Goggins, Esq. Goggins & Palumbo P.O. Box 65 13105 Main Road (Route 25) P.O. Box 65 Mattituck, NY 11952 RE: Application of MIMS Holding, LLC for Change of Zone Dear Mr. Goggins: The Town Board is proceeding with review of the above-referenced Change of Zone Application. In order to proceed with a SEQRA review of the Application, the Town Board has retained Chic Voorhis of Nelson, Pope & Voorhis, LLC to assist them as set forth in the attached proposal dated November 17, 2008. Prior to Mr. Voorhis performing any work, the Town requires that the amount set forth in the proposal, as approved by the Town Board, be submitted to the Town Clerk's office. The Town is authorized to request remittance of the $2,950.00 pursuant to Town Code §280-158. If you have any questions, please do not hesitate to contact me. ~e'~y truly yours, Town Attorney ~ PAF/Ik Enclosure cc: Ms. Heather Lanza, Planning Director (w/encl.) Ms. Elizabeth Neville, Town Clerk (w/encl.),.-----'~'~' POPE ~. VOOP, HI-~, LLIC Ms. Heather Lanza Town of Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971 November 17, 2008 Re: Town of Southold, SEQRA Review SCTM No. 1000-106-6-13.3 Proposed Expansion: Mattituck Inlet Marina, Mattituck Proposal for Services Dear Heather: Thank you for contacting NP&V for services in connection with the SEQRA review of the above referenced project. The following services and fees are proposed: 1. Inspect property and ama to determine environmental resources and site characteristics. 2. At time of field inspection meet with applicant at project site to gain understanding of the proposed project. 3. Meet with Planning Board to discuss project (1 meeting). 4. Review Project Plan and supporting information in the applicants submission. 5. Review Part 1 Environmental Assessment Form. 6. Review comments received from involved agencies and Town Departments (if available)' 7. Consult with NYSDEC Bureau of Marine Habitat Protection for input regarding plan' 8. Prepare Part II Environmental Assessment Form. 9. Prepare environmental planning review/analysis based upon potential impacts identified in the Part Il and provide recommendation for a SEQRA determination of significance or request for additional information necessary to make the determination. Fee: $2,950.00 Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfully submitted, NELSON, POPE & VOORHIS, LLC Charles J. Voorhis, CEP, A1CP Southold Town Board - Letter Board Meeting of November 18, 2008 RESOLUTION 2008-1033 ADOPTED Item # 5.24 DOC ID: 4404 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1033 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2008: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Nelson~ Pope~ and Voohris~ LLC for environmental consulting services~ in the preparation of SEQRA Review of the proposed expansion of Mattituck Inlet Marina, SCTM#1000-106- 6-13.3 in the amount of $ 2,950.00 (to be paid by applicant in advance), all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated November 24, 2008 Page 32 Southold Town Board - Letter Board Me~ing of November 5, 2008 RESOLUTION 2008-1008 ADOPTED Item fl DOC ID: 4379 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-1008 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 5, 2008: RESOLVED that the Town Board of the Town of Southoid authorizes and directs Supervisor Russell to execute an agreement with Nelson~ Pope and Voorhis to perform a SEQRA review on the application of MIMS Holding LLC for a change of zone from R-80 to M-2 on SCTM#1000-106-06-13.4, proposal to be subject to the approval of the Town Attorney. The applicant will be required to reimburse the Town for ali costs of SEQRA review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr,, Wickham, Evans, Russell Generated November 10, 2008 Page 30 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCA~flON: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1936 Fax: 631 765-3136 RECEIVED October 19, 2007 William C. Goggins, Esq. P.O. Box 65 Mattituck, NY 11952 Southo~d Town Cler~ Re: Change of Zone-MIMS Holding, LLC SCTM#1000-106-6-13 Dear Mr. Goggins: Enclosed please find a copy of the most recent correspondence we received from the Suffolk County Planning Commission regarding the application for the above-referenced change of zone application. You will need to submit a conceptual site plan for this proposal in order for the County and the Town to proceed with the application. Please contact this office to if you have any questions regarding the above. Senior Planner Cc: / Elizabeth Neville, Town Clerk Patricia Finnegan, Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Steve LEVY SUFFOLK COUNTY EXECUTIVE October 9, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of 8outhold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: MIM Holding LLC SCTM No.: 106-06-I3.4 SCPC File No.: SD-07-Inc. RECEIVED OCT t $ 2007 $outhol l Cled Dear Ms. Neville: Please be advised that pursuant to Sections A 14-14 to 23 of the Suftblk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. On February 22, 2007 and again on April 10, 2007 this office retorned incomplete notices to the Town requesting % full statement of facts" including a conceptual site plan. Your latest transmittal included a Boundary Survey not a Site Plan. Your prior referral included a 200 ft. radius map. Your latest transmittal also refers to a "proposed local law" ~vith respect to this change of zone application that has yet to be transmitted to the Suffolk County Planning Commission. Pursuant to NYS GML 239 and the Suffolk County Administrative Code Section Al4, please provide a "full statement of facts" including: Conceptual site plan for the "renovation and expansion of the marina facility including "additional boat slips, maintenance storage building and retail shop..." · Proposed Local Law for requested change of zone. Thankyou. Very truly yours, Thomas Isles, AICP Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (516j 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 117880099 TELECOPIER (516} 853-4044 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 9, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: MIM Holding LLC SCTM No.: 106-06-13.4 SCPC File No.: SD-07-Inc. RECEIVED OCT t 6 2007 $outholA Tom Cleft Dear Ms. Neville: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. On February 22, 2007 and again on April 10, 2007 this office returned incomplete notices to the Town requesting "a full statement of facts" including a conceptual site plan. Your latest transmittal included a Boundary Survey not a Site Plan. Your prior referral included a 200 fi. radius map. Your latest transmittal also refers to a "proposed local law" with respect to this change of zone application that has yet to be transmitted to the Suffolk County Planning Comrmssion. Pursuant to NYS GML 239 and the Suffolk County Administrative Code Section Al4, please provide a "full statement of facts" including: · Conceptual site plan for the "renovation and expansion of the marina facility including "additional boat slips, maintenance storage building and retail shop..." · Proposed Local Law for requested change of zone. Thank you. Very truly yours, Thomas Isles, AICP Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR · P.O. BOX 6100 · (516) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (5I 6) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 16, 2007 Re: MIM Holding LLC SCTM No.: 106-06-13.4 SCPA File No. SD-07-Inc. Andrew P. Freleng, AICP Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng, I am writing this letter in acknowledgement of your letter of October 9, 2007 received today. I have copied your letter to the Town Board, Town Attorney, and Planning Board. Assistant Town Attorney Kieran Corcoran advised that a Local Law would not be drawn up unless the Town Board decided to entertain the application and proceed with a public hearing. Planner Anthony TrczTs in the Town Planning Deparlmem will comact the applicant to procure the conceptual site plan as requested in your letter. I will forward this plan to you as soon as I receive it. Very truly yours, Southold Town Clerk cc: Town Board Town Attorney Planning Department DEPARTMENT OF PLANNING COUNTY OF SUFFOLt STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 9, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: MIM Holding LLC SCTM No.: 106-06-13.4 SCPC File No.: SD-07-Inc. RECEIVED OCT t 8 L 007 $outhol4 l'o m Cled Dear Ms. Neville: Please be advised that pursuant to Sections A 14-14 to 23 of the Suflblk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. On February 22, 2007 and again on April 10, 2007 this office returned incomplete notices to the Town requesting "a full statement of facts" including a conceptual site plan. Your latest transmittal included a Boundary Survey not a Site Plan. Your prior referral included a 200 ft. radius map. Your latest transmittal also refers to a "proposed local law" with respect to this change of zone application that has yet to be transmitted to the Suffolk County Planning Commission. Pursuant to NYS GML 239 and the Suffolk County Administrative Code Section A 14, please provide a "full statement of facts" including: · Conceptual site plan for the "renovation and expansion of the marina facility including "additionaI boat slips, maintenance storage building and retail shop..." · Proposed Local Law for requested change of zone. Thank you. Very truly yours, Thomas Isles, AICP Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (516) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (516) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 26, 2007 Re: Change of Zone application of MIM Holding, LLC SCTM# 1000-106-. 06.00-013-004 Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Annex 54265 Main Road Southold, New York 11971 Dear Ms. Woodhouse, Enclosed please find an amended map with regard to the above referenced change of zone application which was received from the applicant's attorney today. These amended maps were received in response to the request of the Suffolk County Planning Department. Please review this map and advise if they meet the specifications. If they are acceptable, please prepare an official report defining the Southold Town Planning Board's recommendations with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (4 & map) cc: Town Board w/o enclosures Town Attorney w/o enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTIL~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 26, 2007 Re: Change of Zone application of MIM Holding, LLC SCTM# 1000-106-. 06.00-013 -004 Thomas Isles, Director Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles, Enclosed please find an amended map with regard to the above referenced change of zone application which was received from the applicant's attorney today. These amended maps were received in response to your request. Please review this map and advise if they meet the specifications. If they are acceptable, please prepare an official report defining the Suffolk Couunty Department of Planning's recommendations with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ·0 ~ Neville Southold Town Clerk Enclosures (4 & map) cc: Town Board w/o enclosures Town Attorney w/o enclosures GOGGINS & PALUM~ ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 September 24, 2007 Office of the Clerk of the Town of Southold P.O. Box 65 53095 Main Road Southold, New York 11971 Attn: Elizabeth A. Neville, Town Clerk WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. TRACY L. KARSCH, ESQ. Of Counsel DONNA M. PALMER Paralegal RECEIVED Re: Change of Zone Application; SCTM 1000-106.00-06.00-013.004; Mims Holding, LLC Dear Ms. Neville: SEP 2 6 20O7 Southold Town Clerl~ In response to your letter dated March 6, 2007, enclosed please find four(4) sets of the amended maps. If you have any questions, please do not hesitate to contact the undersigned. Thank you. WCG\ enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER TOWN CLERK COPY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2007 Re: Change of Zone Application for MIMS Holding, LLC SCTM# 1000-106-6-13 William C. Goggins, Esq. Goggins & Palumbo Post Office Box 65 Mattituck, New York 11952 Dear Mr. Goggins, It has come to the attention of the Town that the proper maps/surveys were not filed with " & Ma regard to the above reference application. I am enclosing a copy of the Survey p Checklist". Please re-submit the maps in accordance to this checklist. Please do not hesitate to call me should you have any questions. Very truly yours, Elizabeth A. Neville Southold Town Clerk Cc: Town Board Town Attorney Planning Board; SC Dept of Planning S~VEY & MAP CHECKLIST The following information must be shown on the survey and map submitted with a change of zone petition: 1. Town Boundary line 2. Village Boundary line 3. State Park 4. County Park 5. State Road 6. State Parkway or Expressway 7. County Road 8. County Parkway 9. County Drainage Channel 10. State Public Building 11. County Public Building must submit the following: Survey Showing: Accurate description of the property by metes and bounds. B. Mao Showing A. G. H. I. Surveyors Seal. All property owners within 500 feet of the boundary of the parcel which is subject to the zoning action shall be shown. All existing buildings within 200 feet of the boundary of the parcel which is subject to the zoning action and their current use(s) including the name of the business. All street names within 500 feet of the boundary. The hamlet location of the subject property, and the Suffolk County Tax Map (SCTM) Number. Zoning classification of the subject parcel and the surrounding area. (A copy of the zoning map can be substituted.) Name and address of person making map. Scale 1" = 100' or 1" = 200' The name of applicant and his address. Where applicable, a line indicating the boundary of the jurisdiction of the Suffolk County Planning Commission shall be shown (this line shall be 500 feet when measured at right angles to and parallel with parcel to which zoning action has been considered). A suitable title for purposes of identifying the application. K. North Point shall be indicated by an arrow. (Note if magnetic or tone) SURVEY & MAP CHECK~T The following information must be shown on the survey and map submitted with a change of zone petition: 1. Town Boundaryline 2. Village Boundary line 3. State Park 4. County Park 5. State Road 6. State Parkway or Expressway 7. County Road 8. County Parkway 9. County Drainage Channel 10. State Public Building 11. County Public Building must submit the following: Survey Showing: Accurate description of the property by metes and bounds. B. Mao Showin~ G. H. I. Surveyors Seal. All property owners within 500 feet of the boundary of the parcel which is subject to the zoning action shall be shown. All existing buildings within 200 feet of the boundary of the parcel which is subject to the zoning action and their current use(s) including the name of the business. All street names within 500 feet of the boundary. The hamlet location of the subject property, and the Suffolk County Tax Map (SCTM) Number. Zoning classification of the subject parcel and the surrounding area. (A copy of the zoning map can be substituted.) Name and address of person making map. Scale 1"= 100' or 1''= 200' The name of applicant and his address. Where applicable, a line indicating the boundary of the jurisdiction of the Suffolk County Planning Commission shall be shown (this line shall be 500 feet when measured at right angles to and parallel with parcel to which zoning action has been considered). A suitable title for purposes of identifying the application. North Point shall be indicated by an arrow. (Note if magnetic or tone) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE April 10, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: MIM Holding LLC (Matituck Inlet Marina) SCTM No.: 106-06.00-13.004 SCPC File No.: SD-07-Inc. RECEIV~:D APR t 6 2007 Southold To¥:n Clerk Dear Ms. Neville: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. Pursum~t to NYS GML 239 and the Suffolk County Administrative Code Section A14-14, please provide a "full statement of facts" including: · Conceptual site plan for "Development of property to expand and modernize existing marina". Only 200 ft. radius map provided. Thank you. Very truly yours, Thomas Isles, AICP /fflnr Of p~~' ~~ Chief Planner APF:cc G:\CCHOKNYkZONINGkZONING\WORKING~INC~2005\sd05-inc. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (516} 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (516} 853-4044 ~PATRICIA A. FINNEG~ TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori,montefusco@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Mr. Anthony Trezza, Senior Planner Patricia A. Finnegan, Esq., Town Attorney May 2, 2007 MIMS Holding LLC (Mattituck Inlet Marina) Attached please find correspondence from Suffolk County Planning requesting information on the referenced matter. Kindly provide the requested information directly to Suffolk County Planning. Thank you. PAF/Ik Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) ~ DEPARTMENT OF PLANNING COUNTY OF SUFF( _K STEVE LEVY SUFFOLK COUNTY EXECUTIVE April 10, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANN}NG Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re: MIM Holding LLC (Matituck Inlet Marina) SCTM No.: 106-06.00-13.004 SCPC File No.: SD-07-Inc. RECEIVED APR 1 6 2007 SoulhoJd Tc, wn Clerk Dear Ms. Neville: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. Pursuant to NYS GML 239 and the Suffolk County Administrative Code Section A14-14, please provide a "full statement of facts" including: · Conceptual site plan for "Development of property to expand and modernize existing marina". Only 200 fi. radius map provided. Thank you. Very truly yours, Thomas Isles, AICP Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P. O BOX 6100 (5161 853 5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788 0099 TELECOPIER (516} 853 4044 Town of Southold - Letter Board Meetingbf February 27, 2007 RESOLUTION 2007-245 ADOPTED Item # 41 DOC ID: 2658 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-245 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the change of zone application of Mires Holding~ LLC to the Southold Town Planning Board and Suffolk Coun ,ty Planning Commission for comments and recommendations. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .Ir. Generated March 1, 2007 Page 59 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2007 Re: Change of Zone Application for MIMS Holding, LLC SCTM# 1000-106-6-13 William C. Goggins, Esq. Goggins & Palumbo Post Office Box 65 Mattituck, New York 11952 Dear Mr. Goggins, It has come to the attention of the Town that the proper maps/surveys were not filed with regard to the above reference application. I am enclosing a copy of the "Survey & Map Checklist". Please re-submit the maps in accordance to this checklist. Please do not hesitate to call me should you have any questions. Very truly yours, Elizabeth A. Neville Southold Town Clerk Cc: Town Board Town Attomey Planning Board; SC Dept of Planning SURVEY & MAP CHECKL~ The following information must be shown on the survey and map submitted with a change of zone petition: 1. Town Boundary line 2. Village Boundary line 3. State Park 4. County Park 5. State Road 6. State Parkway or Expressway 7. County Road 8. County Parkway 9. County Drainage Channel 10. State Public Building 11. County Public Building must submit the following: Survey Showing: Accurate description of the property by metes and bounds. B. Mao Showim~ A. Bo G. H. I. Surveyors Seal. All property owners within 500 feet of the boundary of the parcel which is subject to the zoning action shall be shown. All existing buildings within 200 feet of the boundary of the parcel which is subject to the zoning action and their current use(s) including the name of the business. All slxeet names within 500 feet of the boundary. The hamlet location of the subject property, and the Suffolk County Tax Map (SCTM) Number. Zoning classification of the subject parcel and the surrounding area. (A copy of the zoning map can be substituted.) Name and address of person making map. Scale 1''= 100' or 1"= 200' The name of applicant and his address. Where applicable, a line indicating the boundary of the jurisdiction of the Suffolk County Planning Commission shall be shown (this line shall be 500 feet when measured at right angles to and parallel with parcel to which zoning action has been considered). A suitable title for purposes of identifying the application. North Point shall be indicated by an arrow. (Note if magnetic or tone) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER TOWN CLERK COPY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2007 Re: Change of Zone application of MIM Holding, LLC SCTM#1000-106-.06.00-013-004 Thomas Isles, Director Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles The Southold Town Board at their regular meeting held on March 6, 2007 adopted a resolution to refer the above referenced change of zone for your report and recommendation.. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. I have notified the applicant that amended maps must be submitted with a 500 ft. radius according to change of zone checklist and I will forward same when received. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, · 52. ~ Neville~'~ Southold Town Clerk Enclosures (2) cc: Town Board w/o enclosures Town Attorney w/o enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER COPY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2007 Re: Change of Zone application of MIM Holding, LLC SCTM#1000-106-.06.00-013-004 Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on March 6, 2007 adopted a resolution to refer the above referenced change of zone for your report and recommendation.. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. I have notified the applicant that amended maps must be submitted with a 500 fi. radius according to change of zone checklist and I will forward same when received. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board w/o enclosures Town Attorney w/o enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 22, 2007 RE: M1M, LLC Change of Zone Application Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles, The Southold Town Board has scheduled a resolution to be adopted at their next meeting to be held on January 30, 2007. As time is of the essence and at the direction of the Town Attorney, I am referring this application to you as of this date. A certified copy of this resolution will follow the January 30, 2007 Town Board meeting. Please prepare an official report defining the Planning Department's recommendation with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. Please contact me if you should have any questions relafmg to this referral. Thank you. Very truly yours, Southold Town Clerk Enclosures cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTPJ~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 22, 2007 RE: MIMS, LLC Change of Zone Application Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 The Southold Town Board has scheduled a resolution to be adopted at their next regular meeting held to be held on January 30, 2007. As time is of the essence and at the direction of the Town Attorney, I am referring this application to you as of this date. A certified copy of this resolution will follow the January 30, 2007 Town Board meeting. Please prepare an official report defining the Planning Board's recommendation with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed change of zone application has also been sent to the Suffolk County Department of Planning for their review. Please contact me if you should have any questions relating to this referral. Thank you. Very truly yours, · Southold Town Clerk Enclosures cc: Town Board Town Attorney Date: 01/25/07 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Receipt'8: 1638 Transaction(s): 1 1 Petition Reference Subtotal 106-6-1 $1,000.00 Check~: 1638 Total Paid: $1,000.00 Name: Clerk ID: Goggins, & Palumbo For Mim LIc Zone Change P O Box 65 Mattituck, NY 11952 LINDAC IntemallD:106-6-13,004 GOGGINS & PALU~BO ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS ANTHONY H. PALUMBO August 11, 2006 Southold Town Board 53095 Main Road Southold, New York 11971 DONNA M. PALMER Paralegal Re: 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; Mims Holding, LLC Dear Sir/Madam: Enclosed please find four (4) sets of the completed application, disclosure affidavit, Environmental Assessment, Agency authorization, surveys and check in the amount of $1,000.00. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Vffry' truly_~ours/_ William C. Gogg~s WCG\ enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January22,2007 RE: MIM, LLC Change of Zone Application Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles, The Southold Town Board has scheduled a resolution to be adopted at their next meeting to be held on January 30, 2007. As time is of the essence and at the direction of the Town Attorney, I am referring this application to you as of this date. A certified copy of this resolution will follow the January 30, 2007 Town Board meeting. Please prepare an official report defining the Planning Department's recommendation with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. Please contact me if you should have any questions relating to this referral. Thank you. Very truly yours, Southold Town Clerk Enclosures cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 22, 2007 RE: MIMS, LLC Change of Zone Application Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 The Southold Town Board has scheduled a resolution to be adopted at their next regular meeting held to be held on January 30, 2007. As time is of the essence and at the direction of the Town Attorney, I am referring this application to you as of this date. A certified copy of this resolution will follow the January 30, 2007 Town Board meeting. Please prepare an official report defining the Planning Board's recommendation with regard to this proposed change of zone application and forward it to me at your earliest convenience. This proposed change of zone application has also been sent to the Suffolk County Department of Planning for their review. Please contact me if you should have any questions relating to this referral. Thank you. Very truly yours, · Southold Town Clerk Enclosures cc: Town Board Town Attorney GOGGINS & PALU~IIO ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 October 10, 2006 Office of the Southold Town Clerk 53095 Main Road Southold, New York 11971 Attn: Elizabeth Neville, Town Clerk Re: 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; Mires Holding, LLC Dear Sir/Madam: RECEIVED 0CT 1 7 200§ Southold Town Clerk WILLIAM C. GOGGINS ANIHONY H. PALUMBO DONNA M. PALMER Paralegal In response to your letter dated October 5, 2006, enclosed please find a project description in connection with the above referenced matter. If you have any questions, please do not hesitate to contact the undersigned. Thank you. WCG\ enclosure cy yours, . Mims Holding, LLC 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; PROJECT DESCRIPTION A. DESIGN CONCEPT The reason for the design is to renovate and expand the current Marina facility to provide tourists the opportunity to access the only Sound front harbor in the Town of Southold and permit residents the opportunity to access and enjoy the Long Island Sound. The expansion of the Marina would provide much needed additional boat slips. The facility would also include a pool, living quarters, maintenance/storage building and retail shop for marine supplies and basic sundries. The proposed location of the boat slips and maintenance/ storage building are located in area that will not have a negative impact upon neighboring properties. B. OBJECTIVE OF DEVELOPER The intent of the Developer is to transform the current aged marina and expand it into a state of the art environmentally sensitive facility with pump out stations on both sides of the dock entrances, containment system for waste water as well as use of environmentally sensitive materials. The installation of additional slips would benefit the all who use the Mattituck Inlet by providing boaters a place to keep a boat as opposed to mooring in the creek. A percentage of the slips would be used exclusively for transient boaters. C. COMPLIANCE WITH TOWN CODE and MASTER PLAN Mattituck Inlet and Creek is the only harbor in the Town of Southold fronting the Long Island Sound. This is an important harbor for the North Fork, but more importantly, for the Town of Sonthold and the Hamlet of Mattituck. The Town of Southold Local Waterfront Revitalization Program (LWRP) recognizes the Mattituck Inlet Marina as a full service marina having importance significance to the Town. The LWRP further recognizes that the Mattituck Creek is a popular destination for recreational transient water craft in the summer months, and provides a well protected harbor of refuge. The Marina is an intricate part of the history and heritage of Southold Town. The Marina needs to be improved and upgraded to make it more environmentally sound. The additional boats slips will add to the tourism trade as well as for access by Town residents. The additional boat slips would ease the demand for the installation of moorings in the anchorage area of Mattituck Creek, which moorings are currently opposed by the United States Coast Guard. The installation of moorings would also cause congestion in the creek as well as interference with navigation. The Applicant met with Members of the Planning Board Staff, Members of the Board of Trustees, Members of the Building Department regarding the application and ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 5, 2006 Re: Change of Zone Application for MIMS Holding, LLC SCTM# 1000-106-6-13 William C. Goggins, Esq. Goggins & Palumbo Post Office Box 65 Mattituck, New York 11952 Dear Mr. Goggins, The above application is pending approval for completeness for submission. According to the Southold Town Planning Board, the following items must be submitted before it can be accepted and receipted: A written detailed description of the project as required in the application. The applicant must submit a detailed typewritten description of the project including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and Master Plan. In addition the project description must explain what benefits will accrue to the community by the proposed rezoning and the reasons why the proposed project cannot be built under the current zoning regulations and pursuant to the current zoning map. I am enclosing a copy of the Planning Board Office memorandum. Very t.ruly yo~. _ . Southold Town Clerk Cc: Town Board Town Attorney Planning Board PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Elizabeth Neville, Toxvn Clerk ~ From: Anthony Trezza, Senior Pla~ Date: October 3, 2006 Re: Change of Zone Application for MIMS Holding, LLC SCTMgq 1000-106-6-13 RECEIVED OCT 5 2006 Southold Town Cled I sent you a memo dated September 18, 2006 indicating that the above-referenced change of zone application is complete and ready for processing. However, it has been brought to my attention that the applicant did not submit a detailed description of the project as required in the application. Please advise the applicant that they must submit a detailed, typewritten description of the project, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. In addition, the project description must explain what benefits will accrue to the community by the proposed rezoning and the reasons why the proposed project cannot be built under current zoning regulations and pursuant to the current zoning map. If you have any questions, please feel free to contact this office. Cc: Kieran Corcoran, Assistant Town Attorney S:\Plan~ing\2006\Zone Change Requests\MIMS Holding LLC 10.03.06.doc PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED SEP 1 9 2006 MEMORANDUM Clerk To: Elizabeth Neville, Town Clerk From: Anthony T:ezza, Senior Planner Date: September 18, 2006 Re: Change of Zone Application for MIMS Holding, LLC SCTM#: 1000-106-6-13 As requested, the Planning Department has revie~ved the above-referenced change of zone application and finds that it is complete and ready for processing. Upon receipt of a written request from the Town Board, the Planning Board will provide comments and recommendations for this application. If you have any questions, please feel free to contact this office. Cc: Kieran Corcoran, Assistant Town Attorney S:\Planning\2006\Zone Change Rcqucsts\MIMS I toldmg LLC.doc ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Kieran Comoran, Assistant Town Attomey Mark Terry, Senior Environmental Planner From: Elizabeth Neville, Town Clerk Re: Change of Zone Application of MIMS Holding, LLC Date: August 22, 2006 The enclosed change of zone application of MIMS Holding, LLC was received today, August 22, 2006 from Attorney William C. Goggins. I have not yet officially receipted this application. Please review it and send me your recommendation as to whether or not this application meets the criteria for acceptance for filing by the Town. Thank you. GOGGINS & PALL~O ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 2984214 WILLIAM C. GOGGINS ANTHONY H. PALUMBO August 11, 2006 Southold Town Board 53095 Main Road Southold, New York 11971 Re: 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; Mims Holding, LLC Dear Sir/Madam: DONNA M. PALMER Paralegal RECEIVED AUG 2DOB Southold l'ow~ Clea Enclosedpleasefindfour(4)setsofthecompleted ~ ~~ affidavit, Environmental Assessment, Agency auth ~~ ~ check in the am.ount of $1,000.00. If you have any questions, please do not hesitate to Thank you. V truly o '¢/ilr~am C. 13 WCG\ enclosures GOGGINS & PALUMBO P.O. BOX 65 MATTITUCK, NY 11952 1638 _ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REOUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: i*lliqS Holding, LLC (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000- 1 0_6.O~_-O6~0D_ -0 1 3. District Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in a accordance with the Section 100 - __ of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/A where not applicable) Four (4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. 2. Fee in the amount of $1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within two hundred (200) feet of all boundaries of the property to be amended. __ 4. Metes and bounds description of the proposed amendment. __ 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): MIMS Holding, LLC Address: 5780 west Mill Road, Mattituck, New York 11952 Telephone No. 631-298-4480 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Parmership, prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: N/A Title: Address:(if different)_ Telephone No.: 3. Landowner(s): MI~i8 Holding, LLC Title: Address: same as above Telephone No.: Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: John T. Metzger Name of Firm: Peconic Surveyors, P.C. Title: Address: P.o. Box 909, 1230 Traveler Street, Southold, New York 11971 Telephone No.: Name of Attomey, or Agent authorized to represent the property owner and/or applicant: Name: William C. Goggins Title: NameofFirm: William C. Goggins, P.C. Address: P.o. Box 65/13105 Main Road, Mattituck, New York 11952 Telephone No.: 631-298-4200 ' 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: William C. Goggins Address: same as above Title: Attorney Telephone No.: C. SITE/PROJECT DATA: I. Location of Property south (north/south/east/west) ~f (street) Mill Road , ~et or road) (north/south/east/west) of Mattituck (nearest intersecting street) (hamlet) 2. Existing zoning district(s) R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s)_ M II 4. Lotarea: approx. 631,274 sq. ftoracres Total project 33.4838 acres to tie lines 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE November 3, 2004 12359 240 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? x YES NO 7. All buildings and structures are shown on the survey? x YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) Existing: Building Area 0 sq. ft. Lot coverage. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEORA (See Part 617, NYCRR and Chapter__ Town Code) of Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) Tot^m road: iq±il Road IS the site within any other areas of review of the Suffolk County Planning Commission? YES x NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act (SEQRA) and Chapter __ of the Town Code? x YES NO. If yes, what area? Mattituck Inlet 4. Type I, Type II or Unlisted Action (circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? x YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. l~O~ARY PUBLIC / t/ DONNA M. PALMER Notary Public, State of New York No. 01 PA5069978, Suffolk Coun~ Commisslo~ Fyr~ir,~- r~,,cernber 9. _~_..~Z~Pf F. OWNER'S ENDORSEMENT is a corporation or partnership) State of New York County of Suffolk .l~m~ Pape says that he/she resides at (To be signed if applicant is not the owner or if the owner being duly sworn, deposes and 1885 Home Pike, Mattituck, New York 11952 in the County of Suffolk and the State of New York and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle)) of the premises described in the foregoing application and that he/she has authorized William C. Goggins to make the foregoing application for amendment and/or change of zone as described here in. Sworn before me this Day of~, 20 06 NOTA~RY PUBLIC Jameff Pape Member If a corporation, name of corporation and Officer's title DL~NA F, LOCROTONDO Notary Public, State of New YOlk NO.01L06146740 Suffolk Cour~lf Comm~ Exp~e~ May 22,"~.,~ G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk James Pape being by me duly sworn, deposes and says: 1. I am an applicant for a project or an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. Theproject nameis: Mattituck Inlet Marina 3. Iresideat 1885 Home Pike. Mattitu~k: ~m., v~k !~_952 4. The Officers of the applicant corporation or owner corporation are as follows: NAIVlE TITLE James Pape I make and complete this affidavit under the penalty of perjury and swear to the truth herein. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner x 2. Applicant x 3. Agent for owner or applicant x 4. Attorney x 5. Other x If the answer to Question 7 is yes, Town Code Chapters information be provided below: and __ require that the Name Title (Owner~ Agenh Attorney~ other) Amount N/A For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director, parmer, or employee of the applicant or owner c. Legally or beneficially owns or co4trols stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit- whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES x NO h Any official New York State YES NO 2. Any official or employee of Southold Town or Suffolk County? __ YES NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF iNTEREST Sworn before me this I Dayof ~ ,20 06 NOTARY PUBLIC JAMES PAPE DIANA F, L ocr~OTONDO Not(:m/Public, 5'tote o~' New YOi~ No. O1 L06146740, Suffolk ~, (~ CommL~lon ~ May 22, 2_L) ~ 677,20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not 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 ordedy, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part1: Providesobjectivedataandinformationaboutagivenprojectanditssite. Byidentifyingbasicprojectdata, itassists 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. THIS AREA FOR LEAD AGENCY. USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions [] Identify the Portions of EAF completed for this project: Part 1 Part 2 ~ IPart 3 Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. 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.* The project may result one or more large important impacts may a significant impact in and that have on the environment, therefore a positive declaration will be prepared, *A Conditioned Negative Declaration is only valid for Unlisted Actions Mattituck Inlet Marina Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency website Title of Re~/~__~~..~_____ WI"LLIAM C. GOGG'INS Signature of Preparer (If different from responsible officer) Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Paris A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review, Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance, Name of Action Mattituck Inlet Marina Location of Action (include Street Address, Municipality and County) 5780 West Mill Road, Mattituck, New York 11952 NameofApplicant/Sponsor Mattituck Holding, ~C Address 5780' West Mill Road/P.O. Box 1408 City/PO Mattituck Business Telephone 631-298-4480 State New York Name of Owner (if different) Zip Code 11952 Address City / PO Business Telephone Description of Action: State Zip Code Zone change from R-80 to M II; Development of property to expand and modernize existing marine. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban ~ Industrial [] Commercial [] Forest r'~ Agriculture [] Other ]Residential (suburban) [] Rural (non-farm) Total acreage of project area: acres. 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) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION acres acres acres acres acres __ acres acres acres acres acres acres acres acres acres acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ~ Well drained % of site [] Moderately well drained % of site. ~ Poorly drained __% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? acres (see I NYCRR 370). 4. Are there bedrock outcroppings on project site? ~ Yes [] No a. What is depth to bedrock (in feet) a building, site, or district, listed on the State or National Registers of []Yes []No ~No 5. Approximate percentage of proposed project site with slopes: ~0-10% % []10-15%__% ~15% or greater 40 % 6. Is project substantially contiguous to, or contain Historic Places? ~ Yes ~ No 7. Is project substantially contiguous to a site [istad on the Register of National Natural Landmarks? 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~Yes ~ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? r~Yes [] No Identify/each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? []Yes []No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? If yes, ex~lain: ~'-] No 14. Does the present site include scenic views known to be important to the community? [] Yes []No 15. Streams within or contiguous to project area: No 16, a. Name of Stream and name of River to which it is tributary Lakes, ponds, wetland areas within or contiguous to project area: Yes, Mattituck Inlet b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? [] Yes a. If YES, does sufficient capacity exist to allow Connection? r'-"] No []Yes b. If YES, will improvements be necessary to allow connection? ~No EaYes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes []No 19. Is the site located in or substantiall.,y.~ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes UNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. 1. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: Project acreage to be developed: acres initially; Project acreage to remain undeveloped: acres. Length of project, in miles: (if appropriate) If the project is an expansion, indicate percent of expansion proposed. Number of off-street parking spaces existing __ Maximum vehicular trips generated per hour: If residential: Number and type of housing units: One Family Two Family initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; j. Linear feet of frontage along a public thoroughfare project will occupy is? How much natural material (i,e. rock, earth, etc.) will be removed from the site? Will disturbed areas be reclaimed []Yes ONo ON/A a. If yes, for what intended purpose is the site being reclaimed? [] No acres. acres ultimately. % ; proposed (upon completion of proJect)? Multiple Family Condominium width; length. ft. __ tons/cubic yards. b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Wild upper subsoil be stockpiled for reclamation? [] Yes [] NO How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. Page 5 of 21 --. 5. Wiil any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? []Yes ~No 6. If single phase project: Anticipated period of construction: 1 8 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: __ month __ year, (including demolition) c. Approximate completion date of final phase: __ month __ year, d. Is phase I functionally dependent on subsequent phases? [] Yes [] No 8, Will blasting occur during construction? ~ Yes ~ No 9. Number of jobs generated: during construction 20 ; after project is complete 8 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? [] Yes ~ No Ifyes, explain: On site relocation of storage and use facilities 12. Is surface liquid waste disposal involved? ~ Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc) and amount boat washtng/cleanin;~ b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~ Yes ~ No Type 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes [] No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ~ Yes [] No 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? ,1 tons publlc and private bathrooms b. If yes, will an existing solid waste facility be used? [] Yes ~ No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes [] No Page 6 of 21 e. If yes, expam: 17. Will the project involve the disposal of solid waste? [] Yes []No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? []Yes []No '~ 9. Will project routinely produce odors (more than one hour per day)? ~ Yes ~ No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes N No 21, Will project result in an increase in energy use? ~ Yes [] No Minor; generated by private and public bathrooms as well as a boat discharge facilities. During construction If yes, indicate type(s) electric and water 22. If water supply is from wells, indicate pumping capacity__ gallons/minute, 23. Total anticipated water usage per day__ gallons/day. 24. Does project involve Local, State or Federal funding? ~ Yes [] No If yes, explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board []Yes ~ No Type Zone change Submittal Date City, Town, Village Planning Board []Yes ~ No Site plan City, Town Zoning Board ~Yes ~ No Variance City, County Health Department ~ Yes ~ No Approval Other Local Agencies ~ Yes [] No Trustees Unknown DEC Other Regional Agencies ~Yes [] No State Agencies ~ Yes [] No Federal Agencies ~ Yes [] NO Army Corp of Engineers C. Zoning and Planning Information 1, Does proposed action involve a planning or zoning decision? []Yes [] No If Yes, indicate decision required: ~ Zoning amendment [] Zoning variance [] New/revision of master plan ~ Site plan ~ Special use permit [] Resource management plan ~ Subdivision r~ Other Page 8 of 21 2. What is the zoning classification(s) of the site? R-80 convert to M-II 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 12-14 Residences What is the proposed zoning of the site? M-II What is the maximum potential development of the site if' developed as permitted by the proposed zoning? 12-14 Residences 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? M-II, R-80, R-40 Is the proposed action compatible with adjoining/surrounding land uses with a ~/4 mile? If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? ~Yes [] No Page 9 of 21 ' 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 1 1. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? []Yes []No If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 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. []Yes [ 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. £. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page'10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency ;eneral Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable?' The reviewer is not expected to be an exper~ environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered asYes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? .o [] YES [] Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general 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 parking area for 1,000 or more vehicles. [] [] []Yes []No [] [] []Yes r--]No [] [] []Yes ~No Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. 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. [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Construction or expansion of a santary landfill· Construction in a designated floodway. [] Other impacts: [] Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) C.O DYES Specific land forms: [] [] []Yes []No [] []Yes []No [] r'qYes []No [] []Yes []No Impact on Water Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) []NO DYES Examples that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: [] []Yes []No [] []Yes []No [] []Yes []No [] •Yes •No [] •Yes •No Will Proposed Action affect any non-protected existing or new body of water? []No []YES Examples that would apply to column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: [] [] [] [] []Yes •No [] r-~ Yes []No [] r-~ Yes []No Page 12 of 21 Will Proposed Action affect surface or groundwater quality or quantity? Examples that would apply to column 2 Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than t, 100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] O OYes •No O O OYes ONo [] O OYes •No [] [] OYes [] O OYes ONo [] O OYes ONO [] O OYes •No O O OTM ONo O O OYes •No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Will Proposed Action alter drainage flow or patterns, or surface water runoff? Examples that would apply to column 2 Proposed Action would change flood water flows Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. Proposed Action will allow development in a designated floodway. Other impacts: [] [] []Yes []No [] [] rqYes r-l.o [] [] []Yes [].o [] [] []Yes [].o [] [] []Yes []No IMPACT ON AIR Will Proposed Action affect air quality? []YES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: I [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? []NO []YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. [] [] []Yes []No Page 14 of 21 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes, Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] ~Yes []No [] ~Yes []No Will Proposed Action substantially affect non-threatened or non- endangered species? []NO ~YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: [] []Yes [] []Yes [] []Yes []No IMPACT ON AGRICULTURAL LAND RESOURCES t 0. Will Proposed Action affect agricultural land resources? Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricuRural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land, The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. [] [] [] []Yes []No [] []Yes []No [] []Yes []No Page 15 of 21 The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: 1 2 Small to Potential Moderate Large Impact Impact [] [] IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) []YES F×amplaa that would apply to column 2 Propoaed land uses, or project oomponenta obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: I 3 Can impact Be Mitigated by Project Change []Yes []No ]Yes []No [] [] []Yes [] [] DYes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12, Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? fixamplaa that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on tha State or Rational Register of histodo places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. [] [] [] [] DYes []No [] []Yes •No [] •Yes •No Page 16 of 21 Other impacts: I 1 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Be Mitigated by Project Change E~] Yes r'"l No IMPACT ON OPEN SPACE AND RECREATION 13, Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? [] NO DYES Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: [] [] [] [] []Yes []No [] []Yes ~No [] []Yes []No IMPACT ON CRmCAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? ON• OYES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the resource? Proposed Action will result in a reduction in the quality of the resource? Proposed Action will impact the use, function or enjoyment of the resource? Other impacts: I O OYes ON• [] OYes ON• [] OYes ON• O OYes []No [] OYes ON• Page 17 of 21 IMPACT ON TRANSPORTA'nON 15. Will there be an effect to existing transportation systems? [] .o [] YES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. Other impacts: 1 Small to Moderate Impact 2 Potentiai Large Impact 3 Can Impact Be Mitigated by Project Change ]Yes []No r-]Yes []No r-1 Yes r-~No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [].o []Y S Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: r"~Yes [] No []Yes []No []Yes [] No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? []NO []YES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day), Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures, Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: r~Yes [] No []Yes []No []Yes []No []Yes [].o []Yes []No Page 18 of 21 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: [] [] [] [] [] []Yes []No [] ~Yes []No [] •Yes []No [] []Yes []No [] []Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? Examples that would apply to column 2 The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) [] •Yee ~.o [] I~Yea r-l.o [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No Page 19 of 21 Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. Other impacts: I 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] ~Yes ~No [] [] ~Yes ~No [] [] ~Yes 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? 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 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(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 occurring The duration of the impact its irreversibility, including permanently lost resources of value Whether the impact can or will be controlled The regional consequence of the impact Its potential divergence from local needs and goals Whether known objections to the project relate to this impact. Page 21 of 21 ~ THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of MATTITUCK HOLDiNG LLC AFFIDAVIT STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) Re~ Mattituck Holding LLC/Mattituck Inlet Marina 5780 West Mill Road, Mattituck, New York SCTM No. 1000-106.00-06.00-013.003 JAMES PAPE, being duly sworn deposes and says: I an a stockholder and officer of Mattituck Holding LLC and I hereby authorize my attorney William C. Goggins to act on my behalf and on behalf of the applicant, Mattituck Holding, LLC in connection with applications before the Town Board, the Planning Board, the Trustees and the Zoning Board of Appeals in the Town of Southold. Sworn to before me this ~ ~_~day of February, 2]60~ ,~ MIMS HOLDING, LLC PURPOSE OF ZONING AMENDMENT The purpose of the zone change is to expand the current marina, and develop it into an environmentally sensitive facility. The facility would contain a pool, sleeping quarters, showers, and indoor boat storage facility among other items that are incidental to the operation of a marina facility. The subject property has a spht zoning classification. Part of the subject property, which is zoned M II, fronts on the Matfituck Inlet. The opposite side of the property, which is zoned R 80, f~onts on Mill Road. As a preliminary step to applying for this proposed zone change, we had an informal meeting with members of the Board of Trustees, Building Department, Planning, and the Town Attorney as well as the Depmhnent of Environmental Conservation. All Departments voiced their support for the Zone Change and concept. This proposal addresses the overall balance between the economic goals of the Town of Southold to promote tourism and recreation while at the same tune assuring the protection of an environmentally sensitive area known as the Mattituck Inlet. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (631) 765-6145 Telephone (631/765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REO UES T FOR AMENDMENT AND~OR CHANGE OF ZONE APPLICATION NAME: MIMS Holding, LLC (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000- 1 0 6_.~__0_-IL6~0J]_-0 t 3_. O~0~A_ District Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in a accordance witl~ the Section 100 - of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/A where not applicable) Four (4) sets of the completed application form and petition. Each set shall contain one (1) complete set o f cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. 2. Fee in the amount of $1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within two hundred (200) feet of all boundaries of the property to be amended. 4. Metes and bounds description of the proposed amendment. Appropriate Envirornnental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): MIMS Holding, LLC Address: 5780 West Mill Road, Mattituck, New York 11952 Telephone No. 631-298-4480 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership, prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: N/A Title: Address:(if different) Telephone No.: Landowner(s): MIMS Holding, LLC Address: same as above Title: Telephone No.: Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: John T. Metzger Title: Name of Firm: Peconic Surveyors, P.C. Address: P.O. Box 909, 1230 Traveler Street, Southold, New York 11971 Telephone No.: Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: William C. Goggins Title: NameofFirm: William C. Goggins, P.C. Address: P.o. Box 65/13105 Main Road, Mattituck, New York 11952 Telephone No.: 631-298-4200 ~,.' All communications with regard to this application shall be addressed to the following person until further notice: Name: William C. Goggins Address: same as above Title: Attorney Telephone No.: C. SITE/PROJECT DATA: 1. Location of Property south (north/south/east/west) Mill Road , Met or road) (north/south/east/west) of Mattituck (nearest intersecting street) (hamlet) 2. Existing zoning district(s) R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s)_ M II (street) 4. Lotarea: approx. 631,274 sq. ftoracres Total project 33.4838 acres to tie lines 5. a. The latest deed(s) desc, ribing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE November 3, 2004 12359 240 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? x YES NO 7. All buildings and structures are shown on the survey? x YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) Existing: Building Area 0 .sq. Il. Lot coverage Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEORA (See Part 617, NYCRR and Chapter __ Town Code) Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) TOI*n road: Mill Road of is the site within any other areas of review of the Suffolk County Planning Connnission? YES x NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act (SEQRA) and Chapter __ of the Town Code? x YES NO. Ifyes, whatarea? Mattituck Inlet 4. Type I, Type ii or Unlisted Action (circle one) An environmental Assessment forn~ must be completed for Unlisted and Type I actions. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? x YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. APPLICANT g SI(~ATURE Sworn be/f~re me this ~ day of/Mal~ch , 2~--06 I~ARY PUBLIC DONNA M. PALMER Notary Public, State of New York No. 01 PA5069978, Suffolk County~.~ . Commlssio. F~r~irn,- r~,cemb~r g, is a corporation or partnership) State of New Yorl/ County of Suffolk .l~ra~,n Pap~ says that he/she resides at OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner being duly sworn, deposes and 1885 Home Pike, Mattituck, New York 11952 in the County of Suffolk and the State of New York and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (cimle)) of the premises described in the foregoing application and that he/she has authorized William C. Goggins to make the foregoing application for amendment and/or change of zone as described here in. Jame~ Pape Swom before me this ~ Day of 4k,~..c..h , 20 06 NOTARY PUBLIC Member If a corporation, name of corporation and Officer's title DIANA F, LOCROTONDO Notary Public, ,Slate of New Yolk No. O11.061467~0 quffalk Courltlf Comm~ion Ex~e~ iVlay G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk James Pape being by me duly sworn, deposes and says: 1. I am an applicant for a project or an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Mattituck Inlet Marina 3. Iresideat 1885 Home Pike, Mot.~iitnak: Xla~a Vt, wY 11952 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE James Pape I make and complete this affidavit under the penalty of perjury and swear to the truth herein. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner x 2. Applicant x 3. Agent for owner or applicant x 4. Attorney x 5. Other x If the answer to Question 7 is yes, Town Code Chapters __ and __ information be provided below: Name Title (Owner, Agent, Attorney~ other) require that the .Amoullt N/A For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director, partner, or employee of the applicant or owner c. Legally or beneficially owns or co4trols stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit- whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five pement of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWiNG QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES x NO 1. Any official New York State YES NO 2. Any official or employee of Southold Town or Suffolk County? __ YES NO If the answer above is yes, to any of the questions, General Municipal La,v Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST Sworn before me this [ Day°f '~ '20 06 L NOTARY PUBLIC DIANA F, LOCROTONDO Notary Pu~ ~(]le of NewYOIl~ No. O1 L061467,40, Suffolk CoI.~ ~ ~ C) Commissio~ Expires May 22, ~ 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: Tile full EAF is designed to help epplicauts and agencies determine, in all o~derly manner, wheLher a plojoct or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not 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 tile 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 enough 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 tile 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 potentiallyJarge impact. I he form also identifies whether an impact can be mitigated or reduced. Part 3: Ir 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. THIS AREA FOR .LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for tiffs project: [] Part1 [] Part2 [~ Part3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importanc~ of each impact, it is reasonably determined by the lead agency that: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although tile project could have a significant effect on tile environment, there will not be a significaut effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ""1C. The project may result itl one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Mattituck Inlet Marina Name of Action Name of Lead Agency Print or Type Name or Responsible Officer in Lead Agency Signature or Responsible Officer in Lead Agency website WI~LLIAM C. GOGG'INS Signature of Preparer (If different from responsible officer) Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Pads A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Pads 2 and 3. It is expected that completion of the full EAF wil~ be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Mattituck Inlet Marina Location of Action (include Street Address, Municipality and County) 5780 West Mill Road, Mattituck, New York [1952 NameofApplicant/Sponsor Mattituck Holding, LLC Address 5780' West Mill Road/P.O. Box 1408 City/PO Mattituck Business Telephone 631-298-4480 Sta~ New York Name of Owner (if different) Zip Code 11952 Address City / PO Business Telephone Description of Action: State. Zip Code Zone change from R-80 to M II; Development of property to expand and modernize existing marine. Page 2 of 21 I~l~ase (~mplete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ~ Urban [] Industrial [] Commercial ~ Forest ~-~Agriculture []Other ~ Residential (suburban) [] Rural (non-farm) Total acreage of project area: acres. 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 fi~l) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ~Well drained % of site [] Moderately well drained % of site. []Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? acres (see I NYCRR 370). 4. Are there bedrock outcroppings on proJect site? r~ Yes [] No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: [~0-10%__% ~10-15% % ~15% or greater 40 % 6. Is proJect substantial~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes [] No []Yes ~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~ Yes F~ No 10. Do hunting, fishing or shetl fishing opportunities presently exist in the project area? [] Yes E~No Page 3 of 21 11'. Does project site contain any species of plant or animal life that is identified as threatened or endangered? F-lYes [] No Identify/each species: 1 2. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? E]Yes ~'lNo Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes ~]No ir ),es, explain: 14. Does the present site include scenic views known to be important to the community? F1Yes [] NO 15. Streams within or contiguous to project area: No a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: Yes, Mattituck Inlet b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes [] No b. If YES, will improvements be necessary to allow connection? E~Yes DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? r~Yes r~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? []Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped: acres. 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 ; proposed g. Maximum vehicular trips generated per hour: (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; j. Linear feet of frontage along a public thoroughfare project will occupy is? 2. How much natural material (i,e. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed [~]Yes [~No [-~]N/A a. If yes, for what intended purpose is the site being reclaimed? Multiple Family E~]No Condominium width; length. ft. tons/cubic yards. b. Will topsoil be stockpiled for reclamation? []Yes [] No C. Will upper subsoil be stockpiled for reclamation? [] Yes [] NO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres, Page 5 of 21 5.' Will a~y mature forest (over 100 years old) or other locally-important vegetation be removed by this project? r~Yes r'"'~ No 6. If single phase project: Anticipated period of construction: I 8 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: __ month __ year, (including demolition) c. Approximate completion date of final phase: __ month __ year. d. Is phase 1 functionally dependent on subsequent phases? ~ Yes F-'] No 8. Will blasting occur during construction? ~-lYes ~ No 9. Number of jobs generated: during construction 20 ; after project is complete 8 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ~ Yes r'~ No Ifyes, explain: On site relocation of storage and use facilities 12. Is surface liquid waste disposal involved? [] Yes ~ No a. If yes, indicate type of waste (sewage, industrial, etc) and amount boat washing/eleaning b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal? r~ Yes [] No if yes, explain: 15. Is project or any porbon of project located in a 100 year flood plain? F~ Yes [] No 16. Will the project generate solid waste? [] Yes [] No b. d. Wil~ any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes If yes, what is the amount per month? , j, tons public and private bathrooms If yes, will an existing solid waste facility be used? [] Yes ~ No If yes, give name ; location [] No Page 6 of 21 e. If yes,'explain: 17. Will the project involve the disposal of solid waste? ~ Yes r'--JNo a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life?__ years. 18. Will project use herbieides or pesticides? ~Yes []No 19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes [] No 21. Will project result in an increase in energy use? [] Yes J~l No Minor; generated by private and public bathrooms as well as a boat discharge facilities. During construction If yes, indicate type(s) electric and water 22. If water supply is from wells, indicate pumping capacity__ gallons/minute. 23. Total anticipated water usage per day__ gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes r~ No If yes, explain: Page 7 of 21 25. ApproVals Required: City, Town, Village Board ~Yes [] No Type Zone chanKe Submittal Date City, Town, Village Planning Board ~ Yes []No Site plan City, Town Zoning Board ~]Yes [] No Variance City, County Health Department ~ Yes F~No Approval Other Local Agencies I~ Yes r~ No Trustees Unknown DEC Other Regional Agencies r~Yes [] No State Agencies ~Yes [] No Federal Agencies ~ Yes [] NO Army Corp of Engineers Zoning and Planning Information Does proposed action involve a planning or zoning decision? [~Yes [] No If Yes, indicate decision required: [] Zoning amendment [] Zoning variance [] New/revision of master plan [] Site plan [] Special use permit [] Resource management plan '-']Subdivision F~'-I Other Page 8 of 21 'What i~'the zoning classification(s) of the site? R-80 convert to M-Il 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 12-14 Residences 4. What is the proposed zoning of the site? H-II 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? /2-14 Residences 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7, What are the predominant land use(s) and zoning classifications within a ~/4 mile radius of proposed action? M-II, R-80, R-40 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? ~Yes [] No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 1 1. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? r"~ Yes r~No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 1 2. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing road network adequate to handle the additional traffic. []Yes [] No 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 information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page'10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance, They do not constitute an exhaustive list of impacts and thresholds to answer each question, The number of examples per question does not indicate the importance of each question. in identifying impacts, consider long term, shod term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Pad 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact impact Project Change Impact on Land' 1. Will the Proposed Action result in a physical change to the project site? Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general 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 parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. 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. [] [] ~Yes r~No [] [] OTM E]No [] [] E]Yes E]No [] [] E]TM E ]No [] [] O es E3.o [] [] E]Yes E]No Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Construction or expansion of a santary landfill. [] [] []Yes [] No Construction in a designated floodway. [] [] []Yes []No Other impacts: [] [] []Yes []No Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) Specific land forms: [] [] []Yes []No Impact on Water Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) J~NO r-]YES Examples that would apply to column 2 Developable area of site contains a protected water body, Dredging more than 100 cubic yards, of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: [] [] [] [] [] [] ]Yes []No r'~ Yes []No ]Yes [] No ]Yes r~No []Yes []No Will Proposed Action affect any non-protected existing or new body of water? r-l.o []~ES Examples that would apply to column 2 ^ f 0% inorease or decrease in the surface area of any body of water or more than a t 0 aore increase or deorease. Construction of a body of water that exceeds t 0 acres of surface area, Other impacts: [] [] [] [] [] [] ]Yes r"] No []Yes []No []Yes [].o Page 12 of 21 Will Proposed Action affect surface or groundwater quality or quantity? Fl.o £xamplee that would apply to column 2 Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons perday. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,1g0 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change [] [] FlYes rq.o [] [] rqYes [] [] rqYes [].o [] Iq []~es n.o [] [] E]¥os rq.o [] [] n~es I--i.o [] [] []~es I--l.o [] [] rlYes Fl.o [] [] E3~es r'l.o [] [] Ft~es [].o Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Will Proposed Action alter drainage flow or patterns, or surface water runoff? I-l.o I--lYES Examples that would apply to column 2 Proposed Action would change flood water flows [] Proposed Action may cause substantial erosion. [] Proposed Action is incompatible with existing drainage patterns. [] [] Proposed Action will allow development in a designated [] [] floodway. Other impacts: [] [] [] E]Yes E]No [] E]Yes []No r~Yes []No []Yes E]No ]Yes []No IMPACT ON AIR Will Proposed Action affect air quality? [].0 []YES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any L_J given hour. Proposed Action will result in the incineration of more than 1 ton [] of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour [] or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas, Other impacts: ]Yes []No [] E]Yes [].o [] []Yes ~.o [] [] []~es I--] [] I--lYes [].o [] [] []Yes 12].o IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? Examples that would apply to oolumn 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. [] [] I--iYes [].e Page 14 of 21 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact impact Project Change [] [] []Yes []No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: [] [] []Yes []No [] [] []Yes []No ]Yes []No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? .o []yEs Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, omhard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agriculturai land. ~ [] []Yes []No [] [] r']Yes []No [] [] r-lyes [].o Page 15 of 21 The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change r'~ Yes E~]No ]Yes E]No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) E]NO F'IYES Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: [] [] [] [] [] [] [] [] r-]Yes [] No OYes []No OYes O"o IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? I--].O []YES Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. [] [] [] [] [] [] r~Yes [] No []Yes [~]No []Yes I--l.o Page 16 of 21 Other impacts: 1 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Be Mitigated by Project Change r-]Yes []No IMPACT ON OPEN SPACE AND RECREATION 13, Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 The permanent foreclosure of a future recreational oppodunity. A major reduction of an open space important to the community. Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? [].o IZi Es List the environmental characteristics that caused the designation of he CEA. Examples that would apply to column 2 Proposed Action to locate within the CEA? L.,J ~ Proposed Action will result in a reduction in the quantity of the [] [] resource? Proposed Action will result in a reduction in the quality of the [] [] resource? Proposed Action will impact the use, function or enjoyment of the [] [] resource? Other impacts: []Yes []Vas I-q.o [] [] I--lYes rq.o Page 17 of 21 1 2 3 Small to Potential Can impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTA31ON 15. Will there be an effect to existing transportation systems? [] .o [] YES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. Other impacts: IMPACT ON ENERGY [] [] OYes ON• [] [] r~Yes []No [] [] OYes •No 16. Will Proposed Action affect the community's soumes of fuel or energy supply? ON• OYES Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to,serve a major commercial or industrial use. Other impacts: I [] [] []Yes •No [] [] OYes ON• [] [] OYes []No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? •NO []YES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur reutinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural barriers that would act as a noise screen. Other impacts: Page 18 of 21 [] [] OYes rqNo [] [] OYes []No [] [] OYes []No [] [] OYes FIN• [] [] OYes 1 2 3 Small to Potential Can impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Pr•posed Action affect public health and safety? Fl.•I-IvEs Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Other impacts: [] [] [~Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Wilt Proposed Action affect the character'of the existing community? Examples that would apply to column 2 The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) [] [] [] [] rqYes [] []Yes 0.o [] []Yes 0"o [] OYes []No Page 19 of 21 Proposed Action will set an impodant 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 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? 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 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. !nstructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(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 occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 ~ THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of MATTITUCK HOLDING LLC AFFIDAVIT STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) Re: Mattituck Holding LLC/Mattituck Inlet Marina 5780 West Mill Road, Mattituck, New York SCTM No. 1000-106.00-06.00-013.003 JAMES PAPE, being duly sworn deposes and says: I an a stockholder.and officer of Mattituck Holding LLC and I hereby authorize my attorney William C. Goggins to act on my behalf and on behalf of the applicant, Mattituck Holding, LLC in connection with applications before the Town Board, the Planning Board, the Trustees and the Zoning Board of Appeals in the Town of Southold. "-3AIqtES PAPE,~ Barrett, Bonacci & Van Weele, P.C. M.LM.S. A060606 200' RADIUS OWNERS LISTING 1000-106-06-027.01 NORMAN & ADELE GRUDMAN 7934 VIT,I,A D'ESTE WAY DEL ICSY FL 33446 1000-106-06-038.02 ANTHONY J & DOROTHY A DE?qLAUL5 800 NORTH DRIVE NLATITITUCK NY 11952 1000-106-06-038.03 DOROTHY DEMAULA 800 NORTH DRIVE NL~k2WITUCK NY 11952 1000-106-09-003 LEOGRANDE FAMILY IRREVOCABLE TRUST 80 WINDSOR AVENUE MINEOLA NY 11501 1000-106-09-004.01 CHARLES H FLATT 2805 WEST MILL ROAD NL~. 1'1 iTUCK NY 11952 1000-106 09-004.09, 004.10, 004.11 JAMES D STAVRINOS 1845 CENTRAL DRIVE MATTITUCK NY 11952 I000-114-02-001.02 TOWN OF SOUTHOLD 53095 ROUTE 25 P O BOX 1179 SOUTHOLD NY 11971 2 7/12/2006 Barrett, Bonacci & Van Weele, P.C. CIVIL ENGINEERS / SURVEYORS / PLANNERS M.I.M.S. A060606 200' RADIUS OWNERS LISTING 1000-099-04-023 CHARLES & MAUREEN CARAFTIS P O BOX 78 MATTITUCK NY 11952 1000-106-06-013.01 JAMES D STAVRINOS 1845 CENTRAL DRIVE ikLS, TTITUCK NY 11952 1000-106-06-001 ALFRED W COOKE 72 LOUIS STREET STATEN ISLAND NY 10304 1000-106-06-013.07 DAVID W & DONNA M BOSCOLA 5106 WEST MILL ROAD MATTITUCK NY 11952 1000-106-06-002, 020.03 TOWN OF SOUTHOLD 53095 ROUTE 25 P O BOX I 179 SOUTHOLD NY 11971 1000-106-06-020.01 THOMAS P MCGUNNIGLE JR & JENNIFER L MCGUNNIGLE 2010 MILL ROAD MATTITUCK NY 11952 1000-106-06-003, 004.01 JEREMIAH M & ELIZABETH DALY 5775 WEST MILL ROAD MATTITUCK NY 11952 1000-106-06-020.03 TOWN OF SOUTHOLD 245 BAYVIEW AVENUE MATTITUCK NY 11952 1000-106-06-005 WILLIAM & MARGARET KILLIAN P O BOX 446 MATTITUCK NY 11952 1000-106-06-007 GLYN B & MICHELLE T WEIR 5550 WEST MILL ROAD NIA'ITITUCK NY 11952 1000-106-06-008 DONALD LEOGRANDE 80 WINDSOR AVENUE MINEOLA NY 11501 1000-106-06-010 UNKNOWN OWNER 1000-I06-06-022.01 LIPA C/O KEYSPAN CORP A I'IN: PROPERTY TAX 20TH FLOOR ONE METROTECH CENTER BROOKLYN NY 11201 1000-106-06-023 RUSSELL J & DENISE ZELLNER 805 NORTH DRIVE MATTITUCK NY 11952 1000-106-06-025 DAVID C HALLINAN P O BOX 1443 SOUTHAMPTON NY 11969 175A Commerce Drive 7/12/2006 www. bbvpc.com [] 175 North Main Street Hauppauge, NY 11788 Branford, CT 06405 Tel 631/435-1111 Tel 203/483-4322 Fax 631/435-1022 Fax 203/483-9859 Barrett, Bonacci & Van Weele, P.C. CIVIL ENGINEERS / SURVEYORS / PLANNERS FOR RE-ZONING PURPOSES ONLY July 17, 2006 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York; being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Mill Road where same intersects the southerly line of land now or formerly of Joseph Leogrande said point being 303 feet southerly from the intersection of the easterly side of Mill Road with the southerly side of Mill Road; RUNNING THENCE along said last mentioned land, South 69 degrees 51 minutes 00 seconds East, 784.82 feet; THENCE South 81 degrees 32 minutes 20 seconds East 117.00 feet; THENCE South 15 degrees 46 minutes 04 seconds West, 810.77 feet; THENCE North 19 degrees 33 minutes 30 seconds West, 98.79 feet; THENCE South 68 degrees 57 minutes 50 seconds West, 32.34 feet; THENCE North 67 degrees 42 minutes 30 THENCE North 79 degrees 56 minutes 10 THENCE North 83 degrees 22 minutes 30 THENCE North 88 degrees 02 minutes 30 THENCE North 71 degrees 14 minutes 10 THENCE North 66 degrees 42 minutes 00 THENCE North 67 degrees 43 minutes 30 THENCE North 66 degrees 48 minutes THENCE North 35 degrees 11 minutes THENCE North 31 degrees 31 minutes THENCE North 42 degrees 28 minutes THENCE North 57 degrees 33 minutes seconds West, 45.60 feet; seconds West, 107.79 feet; seconds West, 126.31 feet; seconds West, 71.34 feet; seconds West, 51.02 feet; seconds West, 39.54 feet; seconds West, 52.11 feet; 10 seconds West, 82.69 feet; 50 seconds West, 38.51 feet; 30 seconds West, 62.97 feet; 20 seconds West, 190.13 feet; 50 seconds West, 94.70 feet; THENCE North 28 degrees 01 minutes 40 seconds East, 50.00 feet; THENCE North 57 degrees 33 minutes 50 seconds West, 50.00 feet to the easterly side of Mill Road; THENCE along the easterly side of Mill Road North 28 degrees 01 minutes 40 seconds East, 568.45 feet to the point or place of beginning. Containing 718,421 sq.ft, or 16.49 acres, more or less. S.C.T.M. DESIGNATION: DISTRICT 1000, SECTION 106, BLOCK 6, P/O LOT 13.4 G:\WP_Share\~roj_A06XA060606\description.doc 1 75A Commerce Drive www,bbvpc.com [] 175 North Main Street Hauppauge, NY 11788 granford, CT 06405 Tel 631/435-1111 Tel 203/483~4322 Fax 631/435-1022 Fax 203/483-9859 Mires Holding, LLC 5780 West Mill Road, Mattituck, New York; SCTM 1000-106.00-06.00-013.004; PROJECT DESCRIPTION RECEIVED OCT 1 8 2006 %uthold Town Cled~ -r.,4 A. DESIGN CONCEPT The reason for the design is to renovate and expand the current Marina facility to provide tourists the opportunity to access the only Sound front hm-bor in the Town of Southold and permit residents the opportunity to access and enjoy the Long Island Sound. The expansion of the Marina would provide ~nuch needed additional boat slips. The facility would also include a pool, living quarters, maintenance/storage building and retail shop for marine supplies and basic sundries. The proposed location of the boat slips and maintenance/ storage building are located in area that will not have a negative impact upon neighboring properties. B. OBJECTIVE OF DEVELOPER The intent of the Developer is to transform the current aged marina and expand it into a state of the art environmentally sensitive facility with pump out stations on both sides of the dock entrances, containment system for waste water as well as use of environmentally sensitive materials. The installation of additional slips would benefi! the all who use the Mattituck Inlet by providing boaters a place to keep a boat as opposed to mooring in the creek. A percentage of the slips would be used exclusively for transient boaters. C. COMPLIANCE WITH TOWN CODE and MASTER PLAN Mattituck Inlet and Creek is the only harbor in the Town of Southold fronting the Long Island Sound. This is an i~nportant harbor for the Ninth Fork, but more importantly, for the Town of Southold and the Hamlet of Mattituck. The Town of Southold Local Waterfront Revitalization Program (LWRP) recognizes the Mattituck Inlet Marina as a full service marina having importance significance to the Town. The LWRP further recognizes that the Mattituck Creek is a popular destination for recreational transient water craft in the summer months, and provides a well protected harbor of refuge. The Marina is an intricate part of the history and heritage of Southold Town. The Marina needs to be improved and upgraded to make it more enviromnentally sound. The additional boats slips will add to the tourism trade as well as for access by Town residents. The additional boat slips would ease the demand for the installation of moorings in the anchorage area of Mattituck Creek, which moorings are currently opposed by the United States Coast Guard. The installation of moorings would also cause congestion in the creek as well as interference with navigation. / / CHARLES a MAUREEN CARAFTIS JEREMIAH M ~ ELIZAB/~ DALY RUSSELL J ~ DENISE ZELLNER CHARLES H FLA~ TAX MAP NO. OlS~T 1000, 8ECTDN 106, BLOCK 6, LOT 13.4 C~ EN6IN~ERS/SU.VEYORS/PL~'S 1£' 1ooo-1o9_9_ RESiDE~TiA 2L 2. l -. z°°°~oe.' 70°°~ff oe.~ / -- 175A Commerce Drive, Hauppauge, NY 11788 / "[EL 631/435-I 1 l 1 FAX 631/435 1022 www.bbvpc.com PROPERTY SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY 200' RADIUS MAP ,00~ ~ ~ LIGHT POLE ~/~ 1, ~lS SURLY WAS PREPARED FOR A SPECIFIC PURPOSE, AND IS NOT ~ ~¢r ~X ~ mm '........ ~.bb.~c~ Ha~uge, NY 11788 au~eyors · ~ ~ 136 --' ~ .6' F s"ug~ 3," ~ ~ J Planners F631.435.1022 LAND NOW OR PORMERLY OF N PROPER~ LAND NOW OR FORMERLY Or -..o ~ o~ / -- m ~%~ SI~A~ m u 5;m BOUNDARY ~: BOUN~Y SE~MBER F~JNO ' LAND NOW OR FORMERLY OF J