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HomeMy WebLinkAboutAmerada Hess - M1-BEUG~ L. D~NICOLk ANDreA DF~ICOLA EUO~Y~ L. DgNlCOla~ December 17, 2003 RECEIVED DEC i c~ %uthold Town Clef Elizabeth Neville, Town Clerk Town of Southold PO Box 1179 53095 State Road Southold, NY 11971 Re: Applicant: SCTM No. Premises: Hearing: Amerada Hess Corporation 1000-122-3-10 s/e/c Route 25 & Main Road, Mattituck, NY December 16, 2003 Dear Sir/Madam: As you know, the undersigned is the attorney for Amerada Hess Corporation regarding the above captioned premises. Kindly provide me with a copy of the decision/Resolution of the Town Board in conjunction with the public hearing that was held on December 16, 2003. A postpaid envelope is provided for your convenience. Thc public notice poster and stand will be returned to your office as expeditiously as possible, and at such time as I am able to attend your office in Southoid. ro enclosure Thank you for your courtesy and cooperation herein. REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MA_IqAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 848 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 16, 2003: WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-122-3-10 fi.om Mar/ne 1 (M-l) District to General Business (B) District; and WHEREAS, a Public Hearing was held on this proposed Local Law on the 16th day of December, 2003 at which time all interested persons were given the opportunity to be heard thereon; and WHEREAS the Town Board has determined that it is not in the best interest of the community to proceed with the application for change of zone; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby denies the request of Amerada Hess to change the zone from Marine 1 {M-l) to General Business (B). Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING December 16, 2003 5:10 P.M. HEARING ON "A LOCAL LAW TO AMEND TIlE ZONING MAP OF TIlE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000- 122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS IlEREBY GIVEN that the Town Board of the Town of Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of S CTM# 1000-122- 3-10 from Marine 1 (M- 1 ) District to General Business (B) District; and NOTICE IS FURTHER GIVEN, RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid local law at the Southoid Town Ilall~ 53095 Main Road~ Southold~ New York at 5:10 p.m., Tuesday~ December 16~ 2003. The purpose of this Local Law is to change the Zoning District Designation of SCTM# 1000-122-3-10 from Marine 1 (M-I) District to General Business (B) District. The petitioner for this request is Amerada Hess Corporation. The property is approximately 0.528 acres and is located on the south side of Main Road, Mattituck, New York. The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONiNG MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3- 10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." I have a number of communications on this proposed zone change. Before getting into them, it has been published in the Traveler-Watchman newspaper as a legal, it has also appeared out there on the Town Clerk's bulletin board. I will try to summarize the gist of some of these communications, with the help of the Town Clerk here. Here is a person who is strongly against any zone change that would allow Hess to expand their operations in Mattituck. Here is another one that strongly, we are against the expansion of the Hess Station. SUPERVISOR HORTON: And that is actually what most of the correspondence is, just that. December 16, 2003 Public Hearing-Hess Change of Zone COUNCILMAN WICKHAM: Here is another one that would strongly oppose any zone change. would agree with the NFEC, that to allow the Hess Station to expand would be a mistake. SUPERVISOR HORTON: Tom, you don't have to read every single one of them. COUNCILMAN WICKHAM: Okay. That is the gist of them, that I have been asked to summarize. I could go much further, but that is more or less the summary of it. SUPERVISOR HORTON: They are all part of the public record. We will open the floor to the public to address the Board on this specific public hearing. Ma'am, in the back. GEORGEANN PACKARD: Good evening, my name is Georgeaun Packard, I live in Mattituck, just a stone's throw from the Hess station. I live on the Main Road but I am also part of a neighborhood. I know my neighbors well, both the families that live near me and the businesses nearby. They are all good neighbors. But I am strongly opposed to the zoning change, which would allow the super-sizing of the Hess station at Main Road and Bay Avenue. The proposed 2, 480 square foot convenience store and 1,944 square foot canopy over eight (8) fueling stations does not reflect the character and size of other hamlet businesses and would cast bright lights into surrounding homes and the creek area, especially if this becomes a 24 hour operation, god forbid because there is not a lot of quiet on the Main Road and that would definitely infringe upon that. And this is a common practice with the Hess stations to run them 24 hours. Mattituck along, or just beyond the Main Road has recently had many facelifts, as well as new faces. Including Rudy's Cafe, the beautiful Mattituck Presbyterian Church addition, improvements to the Red Door restaurant, a new gallery and antique store, an expanded library, a brand and amazing Connie's Bakery, new landscaping at Mattituck Plaza, as well as the never ending improvements made on the lovely old homes that line Main Road, that we all like to pass by. I say, let's keep the ball rolling, rather than over-inflate it. This proposed Hess convenience store would compete with many good, local businesses. Run by local residents along Main Road and down Love Lane, all within 1/n mile of the proposed expansion. And what is proposed isn't really even a convenience store, per se, it is much more like a fast-food, high waste producing take-out facility, that would make McDonalds look more like the Jamesport Country Kitchen by comparison. This is no small business seeking needed expansion and improvement. This is a New Jersey based corporation, looking for increased revenue at the expense of a North Fork neighborhood. As evidenced by numerous letters to the editor, that you mentioned and in your record, those in the Suffolk Times and we have 500 nantes on these petitions, which I will present to you and we didn't work hard getting them, just in a matter of weeks, just leaving a few petitions around. It is very clear that the North Fork residents do not want or need this big box gas station complex. After reading the two assessment reviews prepared for the Town, which I believe were paid for by the Amerada-Hess corporation, done by a Watermill based firm, I am even more concerned about the size and nature of the proposed facility and its likely impact on our neighborhood, the business hamlet and James Creek. The assessment assures that this super sizing will not impact negatively on what they call a 'transition area', which we also call our neighborhood. This is ludicrous. The increased traffic, generated by a larger, more diverse business over a likely longer period of daily operation, will stxain both residents and pass by travelers. This is already an over-congested area. Everybody knows that. And interestingly, too, a smaller version of this same concept; a gas station, convenience store, exists only two blocks away and it is serviced by a traffic light at Factory Avenue and Main Road. No matter what the Hess Corporation may say, there is no commercial, nor community need for this super Hess mart. And most December 16, 2003 3 Public Heating-Hess Change of Zone crucially, the proposed development would be located within 100 feet of James Creek and the possible addition of more tanks, combined with gasoline runoff and increased litter on this sensitive ½ acre, is environmentally unwise. There is also the larger question of the longer term effects of high tides and high water tables on the integrity of pipe joints and even triple lined tanks. Granted the existing station is run-down and maattractive, whereas most local filling stations are almost over-landscaped and very clean. Hess now boasts no living plants, only over sized Marlboro posters on its premises. They may promise a neat appearance but if you take a close look at the facility on Route 58, which not that long ago was updated, it was not delivered on that. From everyone that I have spoken to, and every name on those petitions, it is clear that local residents and merchants do not want this over-sized operation in their community. Please proceed with caution when reviewing the request for zoning change and plan approval. I request that you consider the wishes of the community and those who must live every day with the results of your actions. Thank you. SUPERVISOR HORTON: Thank you. Mr. Russell. ELISE MARTINI-BERTOLIS: Good evening, Town Board. My name is Elise Martini-Bertolis, these are my children Kelsey, Laurel and Cassidy. ! brought them along tonight because we do oppose the Hess station and the enlargement of it because the lifestyle that I brought them out here for is not conducive with the Hess station growing and creating such traffic and congestion. So, I agree with everything this woman has just said but I would just like to say that if the Marine-1 zoning already exists, I would like you to tell the Hess station that what part of the 'no' don't you understand? That no we don't want you to enlarge. SUPERVISOR HORTON: Thank you. GERTRUDE KOOP: I am Gertrude Koop from Mattituck. I have lived on Bay Avenue for 50 plus years. The only time I have ever seen any car waiting to get gas at the Hess gas station was when we had a gas shortage in the 1970's, I believe. Then there was a line, people were desperate, they went there. Other than that, there is never anyone waiting to get gas. If there is no one waiting to get gas when there are three stations, why in heavens name do we need 8? Secondly, I am old enough to remember my parents telling me, there was an intersection on Third Avenue in Manhattan that its claim to fame was it had a bar, a saloon on each of the four comers. Are we in Mattituck striving to have a claim to fame that we have bigger and better gas stations or that we have more mini stores than any other hamlet? We don't need them and I thoroughly object to large companies coming in and playing doctor and telling me that this is the pill that you must take. I object to it. SUPERVISOR HORTON: Thank you. SCOTT RUSSELL: My name is Scott Russell, I live in Cutchogue. I actually grew up in Mattituck. You know, I don't think that I even have to speak tonight, I don't think that the Town Board in their wisdom would even consider changing the zone for this Hess mart. I would like to voice my opposition to it for several reasons. First, there is no foreseeable public benefit to it, there is nothing that is going to be offered there that isn't readily offered anywhere throughout the entire and especially, the immediate community. There is no economic benefit. I can assure as an Assessor, that the highest and best use to property is a gas station adding a mini-mart and everything else, won't give me the opportunity to really collect any more tax revenue from the facility. There is no issue of December 16, 2003 4 Public Hearing-Hess Change of Zone fairness here because Hess bought the assets, the zoning was established there long before Hess came in, they knew what they were getting into, it is not an essential to right or wrong because they knew what they were buying when they acquired the property. So, I would ask you to deny for those reasons and while I am here, also touch on a larger subject, which is what is happening in Mattituck overall. There seems to be a sense fi.om the people that I know in Mattituck that Mattituck is being thrown to the wolves, I don't think that is anybody's fault at the Town level, I don't think there is any conscious effort to ignore what is happening in Mattituck, it just so happens that is where big money and big business wants to locate right now and I think that the Town should maybe want to consider what is happening in Mattituck and look at the broader picture as to how we can stem the tide of box stores right on the Main Road in Mattituck. I know an effort was made to keep them off the North Road several years ago, perhaps you want to reevaluate what is happening in the community of Mattituck and do what we can to bolster small business up there and the efforts that have been made by Mr. Bladykas and by all the business owners up there over the past few years. It is almost like they are battling against a tide with new business, the CVS, the Hess mart proposal and so forth. Also, a burned out deli, why it sat there for so long? I know that is a thom in the side of a lot people. And I have got to tell you, I talked to jurisdictions, I talk to municipalities throughout Suffolk County on how we can address that and several of them had some very good ideas and they said that they are addressable ideas. Our first step would be to have an engineer declare it as unsafe, if you need an engineer to tell you that a burned out building is unsafe, I can get you five. The second step would be to have a public hearing and give the owner due process and plenty of time to correct the situation and if he doesn't correct the situation, the Town ought to correct it for him. You can give me the bill, I will put it on his tax bill. That money will be paid to the Town and then we can clean up that site. I really don't believe it would have stayed that long were it located in Peconic or Cutchogue or Southold. With that said, please consider in the new year maybe taking Mattituck and coming with the large picture of what is happening up there and what we can do as a community to stop that. Thank you very much. SUPERVISOR HORTON: Thank you, Mr. Russell. To touch on what Mr. Russell said in regard to the burned out deli, I know that Councilman-elect Dan Ross is working along the lines of exactly what you are speaking about and that it will be addressed starting at the January 6th meeting, the first meeting of the year. So, thank you, you are absolutely right. BARBARA JACKSON: My name is Barbara Jackson, I live on Bay Avenue. I work in Barkers Pharmacy, which on Love Lane they have strived very hard to make it a lovely little place. I don't quite know what is happening to Route 25 but it is not a lovely little place anymore. The traffic is horrendous coming out of Bay Avenue, you have to take a right, most people swing around in Dr. Sawicki's office, which is causing terrible accidents. Between the CVS that is coming, the Hess that wants to come, the bank across the street we don't know what is coming, it is a nightmare down there. Now, I have one thing that I don't know if anyone remembers but about three years ago, my husband and I were in bed, along with everybody else on Bay Avenue, East Legion, we had a knock on our door at about 3:30 in the morning, telling us we had-from a very nice policeman~five minutes to get our belongings out of our house. Our dogs, our cats, our animals, whatever we had, we had five minutes to get off of Bay Avenue because they were evicting us. There was a car that crashed into a gas tank, they were afraid that it was going to cause all of the tanks to blow up. And as Gertrude Koop says, we only have two, what might that be if we have eight? Mind you, we are in our track, we are going down, we don't know where and we are evacuating because of gas station we don't even need December 16, 2003 5 Public Heating-Hess Change of Zone and it is getting to be a nightmare what is going on on Route 25. You have a light at Waldbaum's, we can't have a light at Bay Avenue, so that roles us out. We have to take a right, you can't take a left, you are all the way past East Legion, I don't know how they get out. I hardly can get to work, I have to leave 15 minutes early to get out of Bay Avenue. That is now, that is not with Hess gas station coming. From Memorial Day, from Labor Day, I hope that you people know what it is like to try to get out. Bay Avenue is the last road coming down from Peconic Bay Boulevard, we are the last street that you can come out on very easily to get on to go to Southold and Greenport. So, you have got a lot of things that you have got to decide right now, not later, what you are really going to do with this. 1 used to live in Riverhead, I would hate to see Route 25 look like Route 58. You can't get on Route 58, you can't even get down to the Expressway entrance. Besides which, we have another thing, in convenience stores, which I didn't want to really bring up, you have a great deal of attraction for crime. It seems like that seems to be where they go and Mattituck doesn't need this. We don't need to bring this into our area, we need to go back, to like what you people want us to do, be rural. You are buying all this land up, you are trying to get us to go back and be nice and yet what you are doing to Route 25 in Mattituck is horrendous and I just want to vote my being against it. SUPERVISOR HORTON: Thank you. Mr. Huntington. RAY HUNTINGTON: Ray Huntington, Cutchogue. As we all know, our zoning laws are designed, unlike natural law, even the Ten Commandments, to be changed from time to time to guide our community to a better vision. In this case, though, we are looking at land that is zoned for marina use. We are very short of marina space in this Town, we could use more, not less. The intended use is for a convenience store. We already have too many. And as a matter of fact, the use as a gas station is particularly inappropriate with James Creek lying right behind it. So, I urge you to reject this petition. It is not appropriate for the vision we have for the vision that we have for our community. SUPERVISOR HORTON: Thank you, Ray. CATHY TOLE: Cathy Tole, Greenport. Hess isn't a good gas station now with the size that it is at. They can't seem to maintain it, it is not attractive, the help is not helpful and friendly, I have tried to use them, I have been unsuccessful and making it bigger seems absolutely absurd. What moves me most though, is its proximity to waterfront and for this Town to do anything to move for increasing commercially property, commercial use that close to the waterfi'ont is absurd. They are not good neighbors, they are not going to be better neighbors by expanding. I certainly hope that there will be no support on this Board for it. I see suits, I see easels, I see huge presentations, I see very expensive investment in this and none of the people carrying this stuff are people I have seen at these meetings before. So I don't even know that they are here from the community on behalf of the community, I have to assume that they might be from outside of the community on behalf of a very large corporation. We have stopped a lot of large corporations out here and I don't think this is the place to back off, either by its geography or by the human element that it affects. Please, I hope there is no support for this on the Board. Thank you. SUPERVISOR HORTON: Mr. Farrell. MR. FARRELL: According to this map, which is a Town map, it shows Bay Avenue in between Mattituck Inlet, James Creek, very near Marratooka Lake. It is a maritime zone. The potential, as this December 16, 2003 6 Public Hearing-Hess Change of Zone lady said, of a disaster coming down here is going to really effect, could effect one of the prime maritime areas in Mattituck. I think that Hess' object is to drive everybody else out of the business, which is probably what is going to happen to the other gas stations or whatever. But what particularly irks me, is when you go down there to get gas, you see the Marlboro sign, these people, when you talk about a convenience store, this is what aggravates me, it is a memhant of death. When you go up to pay the guy to get gas, there is somebody buying cigarettes. The cigarettes are killing 400,000 people in this country, they are problem going to kill hundreds of them in this Town in a years' time. I think that we have to start someplace and for anybody to say that it is my right to smoke but, yeah, when you get sick, you end up in the hospital and we have to pay taxes to pay for the hospital. So you are killing yourself, you are screwing us with the tax bills that we have to pay, so on the basis of that alone, I would say that we shouldn't have Hess station there. The other objection that I have is, in the latest energy bill that was tried to be passed in the United States Senate, the problem of MBTE, which is a gasoline additive and in the bill, is a provision that leaves all the gas companies or the company that produced this additive which is polluting thousands and thousands of wells and aquifers in this State, there is a provision that leaves the company that produces this stuff free from any liability, which means that the State is going to have to pick up, if this bill passes, the State is going to have to pick up the clean-up costs of these thousands of wells in the State and each community going to have to foot that bill. Now, is Hess going to say that they want these 8 tanks and if there is spill, if there is a spume, that there is any environmental damage; that they are going to pay for it, rather than stick it with us or stick it to the State? PETER YOUNG: Good evening, my name is Peter Young, I live on Bay Avenue in Mattituck. I guess my first comment is a question and I am wondering if there is a master plan for the development of Route 25, the Main Road as it proceeds through the Town of Southold? And then I would like to make some remarks because I am going to take a bit of a contrarian view here on what I view as an opportunity for redevelopment and I think that I would like to keep to the planning issues here, not whether we need another convenience food store. I think that is a marketing issue, I think there are some real issues that I agree with the folks that have spoken earlier about the environmental impact, I think signage is a very important issue, I think the traffic is an issue, I think lighting is an issue, I think that the parking on site will probably be an issue, I am not sure, are you certain on the size, Mr. Wickham, of 21,000 square feet because I just came by there on the way to this meeting and it is a small parcel, and I assume they are going to conjoin an adjacent parcel with the existing parcel. I haven't seen any presentation, so I am kind of coming in blind to this but I do have some background in planning. One of the questions I also would, I am a voter and I would have the same concerns about maintaining adequate facilities for recreational boating in the Town, I am not sure that that site, given its location at the very, very end of James Creek and whether it really has shoreline without the addition of any other parcel to James Creek. I would like to suggest that, again my view is that it might be a conditional approval of, I really enjoyed the comment of the gentleman earlier about the derelict deli that was across the street from the subject property, I don't think that that would exist in any other parts in this Town. And I think that that needs to be addressed. I think I have covered, I think there are several issues, if you look at one of the existing convenience food operations, you take your life in your hands when you are on New Suffolk Avenue and you are coming out of there and you want to proceed west on Main Road, there is a very short site line because you have the tum as you come around going west on the Main Road, you can't see. I think that there needs to be a broader plan here to look at maybe signalization of the Main Road and Love Lane, that is a horrible intersection, very confusing. And if you wind up again with, I have stood out there and I am a patron of Hess, I December 16, 2003 Public Heating-Hess Change of Zone 7 have stood out there in the rain and I think there are a lot of folks in this community might not like to stand out in the rain and I have seen situations in other jurisdictions where the applicant is constrained and requested and has to provide esthetic redevelopment of that property. And I see nothing wrong with a canopy, if you address the issues of signage, lighting, traffic; maybe you get a contribution from the applicant for the signalization issues. Maybe you look at some cross easement type things so that you minimize egress and ingress from and to Route 25 because if you, there is a whole bunch of stuff, you can look at that in existing commemial properties to minimize and mitigate some of the traffic issues. I don't know what else I can cover here but I think that you know, I don't have any concerns about whether it is a big company or a small company, they are entitled to do business in this community as well as anybody else. And they are entitled to compete in a fair market place. And I don't know whether there are too many convenience food stores, I don't know the answer to that question, I think the market determines that and a company that is willing to spend X thousands or hundreds of thousands of dollars, that and I disagree with an earlier comment, there is an enhanced ratable here, when somebody does come into the community like that and there are jobs, whatever they may be. There are jobs that come into the community, so I wouldn't rush to judgment on this, I would like to see what they have in mind, I think some of the folks in here might like to see exactly, with some specificity what they have in mind. Will you let me speak, please? I think that is discourteous but that is okay. There are people out there who may not be at this meeting who may agree more with where I come from. Again, I am not saying it should be done, 1 haven't seen, you know, the devil is in the details. All I am saying is that the rush to judgment about something bigger is not, you know, it can be better. It certainly is not adequate what is there now. We all agree on that. And I am saying, look at opportunity and then make your decision, an informed decision. Thank you. MARK GAYNOR: I am Mark Gaynor, I live in Mattituck. Like the previous speaker, I happen to be a regular Hess customer. But I also live within a half a mile of the station and I am a long time volunteer driving instructor in Mattituck. And I probably had a couple of thousand people go through my courses and I just shudder at the increased traffic that an expanded station and a fast food outlet, would bring. I had occasion to talk to the police only today, about the incidents of accidents as the station exists now and it is not just the station it is just how Bay and 25 come together and they tell me that it is one of the highest accident volume places in town. Hess' plan could only make it worse, and I urge the Board to deny the zoning change. JOE FINORA: Supervisor Horton and members of the Town Board and all others in attendance here. I have been listening to a few of the people and I think I can answer some of the questions that they have. First of all, Mr. Young said that they are very good neighbors, we might like to have them, they will bring something to the community. If anybody did the minimum amount of research, they will find out that sprinkled all over the Long Island area, Hess has done nothing but raise havoc with other areas. The latest was Oyster Bay. And don't think they are going to help out the Town because they signed agreements with Oyster Bay... SUPERVISOR HORTON: Mr. Finora, please address the Board. MR. FINORA: Okay, they signed agreements with Oyster Bay, saying they would do certain things and they just completely disregarded them. I spoke to the Oyster Bay Town Supervisor and I was told, they not only thumbed their nose at the Town, they thumbed their nose at everyone in the Town that opposed what they wanted to do. That is one thing. The other thing is, we do have a big shortage of December 16, 2003 8 Public Heating-Hess Change of Zone marine zone property. I agree with one of the former speakers. Hess knew what that property was zoned when they started the operation but it seems like they are pushing the envelope. How far are they going to push it? On the west end, I have seen gas stations that have added mini car washes. Is that going to be next? Once you open the barn door and you permit them to change this zone or you change the zoning to business, you are opening the door wide open and you are going to, they are going to say, this is business zoned, all these other gas stations have mini car washes, we want to put one in, too. Don't think they won't do it because they want to increase their top line. Let me tell you a little bit about their top line. They are getting one billion dollars a year in revenue from their so-called convenience store, everybody here this evening discussed the convenience store. A convenience store to me is something you go to in an emergency for something that you nm out of. I have pictures of Hess' supermart fight from their own annual report, which I have here and I would be willing to share with anyone who wants to see it, their convenience store is not a convenience store. They are selling either Subway or Blimpie hero sandwiches, Godfather pizza, TGBY yogurt and whatever else the traffic would want. It is going be a 7/24 hour operation and it is really, it is putting a tremendous amount of pressure on the area that they are contemplating on improving. Also, Bay Avenue is a Town road which serves as the principal artery to two children's playgrounds. One was just completed for the past year. The other one has been in existence a short time longer than that. It is a heavy traveled beach road and there is a lot of pedestrian traffic going back and forth to the beach, a lot of children going to the playgrounds and this is going to create additional traffic. Now I know another women said she sees some people dressed up in nice suits, with all kinds of reports. Yes, there are reports but I ask you to take a good look at the reports. They paid to have a SEQRA report prepared and let me tell you something, the report from what I understand was sent back at least two or three times by our own Town here for lack of certain information, number one. Number two, they quoted some statistical data in there, if you want to believe this, they said if they have a convenience store, they are going to have less traffic going in there than if it was just a gas station. Now, where did they get this information from? They got from the Institution of Transportation Engineers, which is headquartered in Washington. I happened to be in touch with them. The Institution of Transportation Engineers tells me that the number of trips that they show going in and out of a service station is data that is compiled from reports that are received from all over the country. I said, 'could you be a little more specific?' and they told me the west, the mid-west, and New England. I said, 'was New York included in the New England area?' -hold on, we will check that. Lady got back on the phone, I have her name here if anyone is interested, she says, we don't have any reports from the New York area at all. Now, how could we rely on what is in that SEQRA report and the other thing is, the information they quoted in a couple of weeks is going to be 7 years old because the edition was a 1996 edition of the Institute of Transportation Engineers trip manual. The SEQRA report also states that there is only one residential dwelling within the proximity of the Hess expansion project, there is something else in the Town Clerk's file which is a 600 foot radius map. The last time I looked at the 600 foot radius map, which depicts all of the residential dwellings within a 600 foot area, there was at least 2 dozen of them. So it is in aaa area that is both residential and business. One other thing I want to say, I don't know what kind of revenue they expect to get from this Hess expansion but Hess has, as of December 31, 2002; they had 87 million shares of stock outstanding. If this Hess mart, after all expenses including wages and rents, real estate taxes and whatever, even taxes. I am talking not only property taxes, I am talking even income taxes, I am talking about the bottom line. If they wind up with say $300,000 or $400,000 profit, you know what you are talking about. It has always been my understanding that one of the purposes, one of the main purposes of a corporation was to provide earnings for the stock holders. With 87 million shares outstanding, you are talking about a fraction of December 16, 2003 Public Heating-Hess Change of Zone 9 a cent that is going to increase their earnings this year. Now, do we have to put up with all of this so that somebody living in New Jersey, the principal stockholders, get a fraction of a cent on the shares that they own? Come on, let's wake up. We don't need this. The SEQRA report also states the number of positions that they will have, not the number of gas pumps, the number of positions. I looked at some Hess gas stations, the pumps that they use these days are not just single, one hose pumps. They are double pumps with hoses on both sides, there are about three or four pumps on one island and you can bet your bottom dollar, they are not selling diesel fuel now but diesel fuel will be added. Thank you. SUPERVISOR HORTON: Would anyone else care to address the Town Board? Yes, Mrs. Schroeder. GWYNN SCHROEDER: Hi, Gwyrm Schroeder, North Fork Environmental Council. I just want to say, I can't really add to what folks have said here tonight but it really is about the zone change and what the zone change would allow and right now, the Hess station is a non-conforming use and your policy to restrict expansion of non-conforming uses is a wise one, especially in this case because as was stated before, the stations close proximity to James Creek. This year, you guys adopted the Local Waterfront Revitalization Plan and that was designed to facilitate the enhancement of water dependent uses and protection of our wetlands and setting the stage for an expansion ora gas station with 100 feet of a tidal wetland simply doesn't meet this end. In the upcoming months, I hope the Town will continue in its efforts to define hamlet boundaries and with its plan of enlisting the general public to participate in stakeholder groups. These groups would have input in how the individual hamlets will evolve, how they will serve the community ultimately and how they will contribute to Southold's character. Granting a zone change will usurp the contribution of Mattituck residents in such a stakeholder process. The Town has no obligation to allow Hess, a corporation with no ties to the community, to expand its operations in Mattituck. This expansion will not enhance the community but will compete with local businesses in the area. Additional traffic generated will exacerbate an existing problematic intersection. And we simply don't need a new convenience store in this area. And I just to second the person that says there really should be a study of the whole Route 25 corridor in that area. Our offices are in Mattituck and I cross that turn two or three times a day and you have to do it in sections. So, we really need some crosswalks and you know a traffic study of that area. So, thanks very much. SUPERVISOR HORTON: Thank you. Yes, sir. JOSEPH HAEG: Joseph Haeg, Bay Avenue, Mattituck, lived there since 1960. I know the comer well and I would like to just expand on a little bit of the comments made here tonight, all of which ! agree with. It should not be expanded but I would like to point to your attention, the gentlemen, in addition to the group that is here tonight, the (inaudible) of the citizens in Southold Town. For instance, in Mattituck the Chamber of Commerce put a lot of effort, time, money; with contributions from volunteers from grants from the taxpayers, to enhance and refurbish their Love Lane. And it is charming now, with the red brick sidewalks, the gas type street lamps and so on, the alley ways from Love Lane to the parking lots have been improved with garden, park like environment. In addition to that, over a wider scope, recently during the election, a $4 million bond issue was approved by the taxpayers for the acquisition of development rights and open land and farmland. Why? To give us and preserve the rural atmosphere and environment of this Town. Now, to have a glitzy, shining and as was addressed earlier, all the brilliance of a gas station, to be allowed within Mattituck does not December 16, 2003 10 Public Heating-Hess Change of Zone conform with the general sentiment of the people in Mattituck as evidenced by these fixed objects and the bond approval. So, universally I would say, in addition to the people here, the vast majority does not want the expansion of that Hess station. Thank you. SUPERVISOR HORTON: Thank you, sir. Other comments from the floor? WILLIAM KRUKOWSKI: William Krukowski from Mattituck. I guess I am going to be in the vast minority here. I have lived in Mattituck for five years now and I used to work for Hess back in the late 80's and I know the company to be very environmentally sensitive, I know their quality conta'ol of their product is excellent, I know they, for the most part, keep their stations clean and I definitely think that we need a canopy in that area of the gas station. I know on the South fork in Watermill, Wainscott and Southampton, all their stations are very aesthetically pleasing, they fit into the community, they have, they are lowly light. They are not the big bright ones that you see in some of the areas, and I don't know what their plans are, I haven't seen their plans. I don't know if anybody has seen what their designs are but if they are going to look anything like what is out in the South Fork, I think that it would fit in very nicely into the community. And the gas station is already there, if they want it to be open 24 hours now, they could be. It is pretty brightly lit as it is now and like I said, when it rains, it is a little bit annoying to pull in for gas there. The newer stations also are very convenient, being able to get gas with a credit card without having to go into the stations, you can use your card right at the pump. There is a lot of conveniences to having some of the newer things. All of the new technology too, that they have as far as protecting the environment, with the tanks and recovery of spillage and things like that, they probably don't have in place right now and maybe something new would have those things, so I for one, don't see a big problem with it. I haven't seen their plans so I really can't say for sure ifI agree with it or not but I would say, let's see what they have to offer and I would give them the shot. Thank you. SUPERVISOR HORTON: Thank you, sir. Are there other comments from the floor on this public heating? BENJAMIN SCHWARTZ: Just a brief comment that I would like add, to the record. Benjamin Schwartz, Cutchogue, for too long. I am not sure but I do know that a few years ago, Hess started, they changed their policy, you have to pay for the gas before you know how much you need to buy and I am not sure, as far as I know, they are the only station on the North Fork that does that. And to me, that, and also the general appearance and atmosphere at the station indicate that the Hess corporation doesn't understand our community and doesn't know what kind of a place we need and I agree with the people that say that there is no point in allowing them to expand if they can't even manage what they have at this point. I wonder if the Board, has anyone looked into their signage, this big cigarette signs, etc., to determine whether or not they comply with the existing Town law, at this point? Thank you. SUPERVISOR HORTON: Thank you. Are there other, before I move on, I want to see if there is anyone else who hasn't addressed yet? Mr. Finora. MR. FINORA: I just want to make a comment to the gentleman that said that they are very nice people. December 16, 2003 11 Public Hearing-Hess Change of Zone SUPERVISOR HORTON: This is not an opportunity for rebuttal. MR. F1NORA: Oh, okay, well what I wanted to say is that with regard to spillage, with regard to everything else that has occurred. There are several suits for water contamination and water up in Riverhead has been contaminated. There is a retired Army Colonel up there that is presently getting his water bills all paid by Hess because they have contaminated his water, so, as good as their facilities seem to be, they do have something to be desired. SUPERVISOR HORTON: Thank you, sir. Are there other comments from the floor on this public hearing? EUGENE L. DENICOLA, COUNSEL FOR APPLICANT: Appearing for the applicant, Amerada- Hess Corporation, Eugene L. DeNicola, 200 Railroad Avenue, Sayville, New York. At this time, Mr. Supervisor, I would like to indicate that the affidavit of posting and proof of mailing of notices were acknowledged by the Town Clerk as received on December 9, 2003 and I have some additional return receipts that came in after the mailing, who should I address those to? SUPERVISOR HORTON: You can give those to me and I will hand them to the Clerk. Thank you, sir. MR. DENICOLA: Now, the petitioner is requesting a change of zone fi.om M-1 Marine District to General Business, B district. The purpose is to demolish the existing improvements at the site, located at the southeast comer of Bay Avenue and Main Road, and to redevelop the site with a convenience store, a canopy over pump dispensers, and four new pump dispenser islands, with parking and landscape improvements. The site will in addition, have, what we call a tank top upgrade which is a new piping system, new monitoring system, it will be an upgrade for the site. The tanks are currently double walled, fiberglass tanks. Now, the uses in the area, and I am sure that this Board is familiar with it but for the record, is generally as follows: at the northeast comer of Main Road and Legion Street apparently was a deli because there is a sign there but it appears to be vacant and that has been referred to by some of the speakers; continuing on the north side of the Main Road proceeding in an easterly direction are four parcels which are zoned Residential-Office; then a business zoned parcel occupied for boat sales and or boat storage or both and then at the comer of Pacific Street there is, and Main Road, there is another parcel zoned Residence Office. The northwest comer of Main Road and Legion Street is the Bethany Cemetery, west of the cemetery is a business owned parcel containing a large shopping center complex. To the west across Bay Avenue from the subject site is a bank building, Suffolk County National Bank; then a fence sales operation, then a plumbing supply business and so on. So you have businesses running along the south side of Main Road, westerly. To the south of the subject premises is a marina. I believe it is known as Village Marina. If you proceeded southerly on Bay Avenue, it is generally residential in character. To the east of the premises on the south side of Main Road, is a vacant frame dwelling, it is zoned business, another residence, I believe there is a fish market and other related retail uses. All zoned B, business. I wish to point out that with the exception of the subject premises, owned by the petitioner and the cemetery, all of the property along the north and the south sides of Main Road are zoned either General Business, B, or Residential Office use, commercial uses, in effect. The parcel of land, let me step back, the marina which is to the south of the subject site, fronts on James Creek. It is in the Marine 1 district and according to your ordinance and the purpose under the Marine 1, appropriately so. The parcel of the petitioner does not December 16, 2003 12 Public Hearing-Hess Change of Zone front on James Creek, does not touch James Creek or any other body of water. It is a business operating on Main Road, serving the motoring public. It is the only parcel on Main Road in this area, and I think if you went probably further east or further west, it still would be the only parcel, which is zoned Marine 1 district. Now, the zoning ordinance article 11 section 100-110 sets forth the purpose of the Marine 1 district. The purpose of the Marine 1, or an M-1 district is to provide a waterfront location for a limited range of water dependent and water related uses, which are those uses which require or benefit fi.om direct access or location in marina, marine or tidal waters but which are located within the Towns tidal creeks and natural coves. The petitioner's use and operation does not in any way fit into that purpose or any use listed in section 100-111 of the Marine 1 district. The petitioner's parcel does not sell gasoline for marine use. That is boats in the water. Perhaps there are boats that pull up being pulled on a trailer that they put gas in but we do not have a marine section for filling boats in the water. The subject premise was in fact, zoned General Business and for some reason was rezoned Marine 1. I do, however, believe; strictly a belief, that it may have been done in error because at one point in time, the marina used to park its boats on the property owned by Hess. So perhaps back in 1987, when this was discussed at a work session of the Planning Board and they were referring to Marine 1 marinas would be in those creeks, Narrow River Road Marina: Village Marine, Mattituck; Boatsmen Harbor, Cutchogue; Strongs Marina, Mattituck; Booths Marina, Cutchogue; Jim Murrays Marina, Laurel; Ulrich Marina, Southold; Schoolhouse Creek Marina 'Tuthills', New Suffolk. They did not refer to the Hess property in the Town Board work session, master plan review Thursday, March 19, 1987. I would be pleased to submit a copy of this to the Board. Now, the purpose, the proposal rather of the petitioner to change the current Marine 1 district to General Business B, is more in keeping with the appropriate zoning for that particular comer. The purpose set forth in Article 10, section 100-100 in the General Business district of the zoning ordinance, is to "provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas" generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. The petitioner's location is on a major highway and which will benefit a large number of motorists and makes the General Business district a more appropriate zoning category for the subject premises. The change of zone to General Business is more appropriate to the zoning ordinance and the planning objectives, is based upon the purpose expressed in the zoning code. Now, there is presently existing on the site an operating Hess gasoline service station. It has a one-story masonry building, approximately 435 square feet, probably a little bit larger. And there are three pump islands with two dispensers on each island. So presently you have twelve pumping stations. Three islands, two dispensers on an island, and you can park on either side. The applicant is proposing to demolish and remove the existing improvements, install a new Hess express convenience store, new pump dispenser islands with a canopy over the dispensers. Now, I did have, I have some boards that are being set up and moved around as I speak, the top board, Mr. Supervisor and members of the Board, is the proposed site plan for the redevelopment of the site. Presently, there is no landscaping on the site. The applicant is proposing 17.6% of the site for landscape area. In addition, let's see, the proposed improvements are substantially, we had the elevations of the buildings, the applicant is proposing to construct a convenience store which is 2,480 square feet, in the architectural design that will befit, if you will, the architectural appearance of the Town of Southold and the hamlet of Mattituck. This is a very attractive building. Now, one of the speakers alluded to a convenience store that has all kinds of stuff in it. That is a larger store, that is a 3,514 square foot store. This is 2,480 square feet, it is rather small in the sense that the sales area will be somewhat over a 1,000 square feet, when you take out for bathrooms, meeting ADA requirements, aisle widths, December 16, 2003 13 Public Hearing-Hess Change of Zone heights of gondolas, refrigerations, freezer, office, storage and counter space. So, inside, it is not a very large store. Now, in this particular store we will be selling one product beyond the usual convenience item and I will try to allude to what a convenience item is, is Blimpie's. But it is not a Blimpie, we don't have Blimpie's in there. These are Hess employees who make and sell a Blimpie brand sandwich. The other items in the convenience store are obviously your milk sales, your chips, soda, beer, cigarettes and so on. I think we have all been in convenience stores and we pretty much know what they sell. The average time expended in the convenience store is 4 minutes. That is Hess' marketing study. People do not shop in convenience stores. They come up, they get their gas; we will have pump readers. So, if you don't want to go into the store, you have your credit card, you put it into the dispenser, take it out, you get your gas, when it is shut off you get a receipt and it goes on your credit card. There will still be, obviously, the ability to walk into the convenience store and pay for your purchase of gas at the cashier. Now, other than the fact that this will be a substantial improvement, I would just, once I make my presentation I would be happy to answer any questions. COUNCILMAN MOORE: Okay, thank you. MR. DENICOLA: I think it just might be a little more orderly. This is the architectural design that Hess has come up with for the East End of Long Island to meet the rural appearance of the local communities. We have done this in East Hampton, we have done it in Southampton. We have had excellent reception with regard to this design. Now, I had heard that, oh, you are going to build what we had on Route 58 in Riverhead and so on. We haven't built what we call the island marketer in, I don't know how many years. So, that is a very old design and as you redevelop sites, as you go into different areas, you have different requests, different needs and we address those needs architecturally, accordingly. Now, the site is, contains 23,035 square feet. It is larger, I think, than most people realize because that building, the little building is so far forward. Behind there, they used to store the boats. It is larger than a half acre. It has a width on Main Road of, which is also NYS Route 25, of 150 feet, frontage on Bay Avenue of 140 feet. Now, the proposed convenience store will only cover 10.8% of that parcel, that is all it is. The canopy, which you really can't call a building in the traditional sense, it is elevated. It is for the purpose of protecting people from the elements who are putting their own gasoline in. One gentleman said that I would rather go to a place that has a canopy than not a canopy. I do it myself, the place doesn't have a canopy, I don't go in. I am not going to stand in the rain and pump my gas and I think that is true of most people. And we can do an attractive canopy for the Town if they, if the Town Board sees fit to change this zoning. Now, the canopy, which is elevated, which you see through, which only has four columns, is only 8.4%. So between the building, which is 10.8% and the canopy which is 8.4%, you only have 19% of lot coverage. As I indicated, there is presently minimal landscaping, now that is 17.6% interprets into 4,058 square feet of landscaping. The number of parking spaces that we will be providing, there is nine parking spaces with two land bank. We only think we only need nine. Nine should cover it because if you add to, and I know that you are not supposed to do this, most people park at the pumps and go in for their purchase, because it is only a four minute thing. You go in, you buy chips, you buy a quart of milk, you buy a pack of cigarettes or what have you, you go in, you buy and you leave. The, if we have to have the other two spaces, then we would have eleven parking spaces. Although, well as he indicated that people can still go in and do their purchases at the cashiers window. Now, one gentleman alluded to an environmental report, an environmental assessment review, environmental planning considerations, Amerada-Hess Corporation, Mattituck. Now, that was not our engineers, that was the Town of Southold's engineer who prepared the report for which Hess was billed. We had no input into that report, we had nothing to do with that December 16, 2003 Public Heating-Hess Change of Zone 14 report, that was a report that was ordered by the Town of Southold, whatever office, whatever planning aid, whatever planning official, so the conclusions that are set forth in there are set forth from your agent for your guidance and part of the conclusions are that the use proposed by the petitioner is not a generator of traffic, in the sense that it is not a destination point. It picks up traffic, which is already on the road. What we call pass by traffic. Very few people, "go to the gas station" today. They are on another errand and they pull in and they get gas or they are on their way home and they pull in and they get a quart of milk or whatever the case may be. The redevelopment of the site will make it more attractive to say the very least. It will be more efficient for ingress and egress, and it should not create a significant impact on the traffic in the area. The operation is the sale of gasoline products, sale of convenience store items, it will be open 7 days a week and it will operate 24 hours a day. There will be six to eight employees, employed at the site, possibly as many as ten. The site currently exists, it is a gasoline service station. The size of the parcel limits any extensive redevelopment, such as a car wash. It would be virtually impossible to put a car wash on this site. Additionally, the size of the parcel is limited by virtue of the requirements of the Suffolk County Department of Health Services. Suffolk County Department of Health Services says you can only put so many gallons of water into the ground based on the size that you have and based on the calculations of your own engineer, it is approximately 124 gallons per day, when 300 is permitted. But you can't do much more with 23,000 square feet as the applicant is proposing. Now, this heating is for a change of zone. Amerada-Hess does not believe that we are an appropriate zone; Amerada-Hess is of the opinion that this site was inappropriately placed in a Marine 1 district at a time when, we don't know why, at a time when Marine districts were being considered to preserve waterfront space. We are not waterfront, we don't touch water, we don't meet the purpose of M-1 district in any shape, manner or form. Every other parcel up and down, and I have the zoning map, (moved away from the microphone at this point, inaudible comments) this is the zoning map, showing, we have R-40 in the tan, that is residential; the RO district, residential office space is in the dark green; the gray is general business. And of course, the cross hatches is the M-1 district. So this is a marina and James Creek is right here in blue, so the marina fronts on James Creek and there is a house here that is also in that Marine 1 district. But Hess is strictly a Main Road operation. At some time ago, it is my understanding that the Planning Board issued a memorandum that it was favorably disposed to the request for the change of zone from M-1 to General Business and that the parcel of land should be in that particular category. Hess is a good neighbor, I have been representing Hess since 1978, we have always had a good reception in communities, we have always tried to be a good neighbor in all communities and as far as the lighting concerned, if a canopy is erected, it will be directed on to the site, it will be recessed into the deck of the canopy so there will be no light off-site. All of the lighting can be on the north side, so that none of the residences should be affected by the light and other than that, Mr. Supervisor, members of the Board; that is our proposal, again, it is a change of zone to an appropriate district based on the ordinance of the Town of Southold and I would respectfully request that this Board in its deliberations, calm and in a calm atmosphere, that the zoning change would be approved from Marine 1 to General Business. Thank you, Mr. Supervisor. If there are any questions, I will attempt to answer them. COUNCILMAN MOORE: I just have a couple of questions. Sir, this proposal, as you would like to see this site redeveloped, if the zone change were granted, would it necessitate application to the Zoning Board for variances? MR. DENICOLA: Yes. Planning Board for site plan and the Board of Zoning Appeals for variances. December 16, 2003 15 Public Heating-Hess Change of Zone COUNCILMAN MOORE: What variances are needed? MR. DENICOLA: Variances would be for the setback of the canopy, a rear yard variance for the, to site the building, as proposed; and obviously, plot area because it is 23,000 square feet, will require 30. Under the M-l, it is 40,000 so we would be going closer into compliance, if you will. COUNCILMAN MOORE: To what extent can you redevelop the site under its M-1 zoning? What prohibits you from just redeveloping it under the current zoning? MR. DENICOLA: You can't. It is non-conforming, you can't expand it. COUNCILMAN MOORE: At all? MR. DENICOLA: That is my understanding of the ordinance. COUNCILMAN MOORE: Thank you. SUPERVISOR HORTON: Yes, sir. You would like to address the Town Board? UNIDENTIFIED: I would like to ask the gentleman a question. MR. DENICOLA: Yes. UNIDENTIFIED: The appearance of the building, would you describe it a little bit, give us an enhancement, just to, what does the siding look like? MR. DENICOLA: It is clapboard. The building has a shingle, this is an actual photo of a building that has been constructed. This is an actual photo. This is shingles, it is an actual shingle ceiling. You can see the clapboard siding. When I say clapboard, it is vinyl. It is a clapboard appearance, it has a pomh over the main area and then we have two sides (inaudible) Landscaping is not a problem, we would do whatever the Planning Department wants, landscaping, if you tell us you want a tree, we put a tree. If you want bushes, we put bushes. Many times that is worked out with the Planning staff(inaudible) SUPERVISOR HORTON: Would anybody else care to address the Town Board? MS. TOLE: One thing that concerns me that I don't know if the Town Board has considered, the representative from Hess was very specific that this is not a destination, that there business comes fi'om drive bys. And then I kind of perked up when he said, 24 hours a day. Hess may not be familiar with our traffic patterns out here. But it is definitely a destination if anybody is out there after 11 and before 5 in the morning. Because we are not out there at that time. We are creating a destination. It may not be the intent right now, but it is definitely creating a destination and what I fear is it is not creating a destination maybe because they need milk at 11:00 at night, but that there is a need for beer, cigarettes; those sort of items that will be sold here and that is really what is purchased after a certain hour. Thank you. SUPERVISOR HORTON: Thank you. Doris. December 16, 2003 16 Public Heating-Hess Change of Zone DORIS MCGREEVY: I have a few questions about the traffic patterns in that facility. Now, you had said nine spaces or eleven? I am not sure which... SUPERVISOR HORTON: Actually, to be specific about that, this is their concept, which would be subject to the Planning Board, vis-h-vis site plan review. So, anything that is proposed on these boards here is subject to change. It is merely a concept. MS. MCGREEVY: Alright, so envision this then. Nine spaces or eleven, in front of the place, the convenience center, and then you have eight pumps, right? Are there eight? MR. DENICOLA: They are reducing the number of pumps from 2,4, 6 to 4; from 12 loading spaces to 8. MS. MCGREEVY: Eight loading spaces, okay, so then you will have 9 to 11 spaces at the convenience center, and then 8 spaces with people entering and jockeying in order to line up, you know their gas pump on their car to the station, all right, then you will have people leaving and we have people turning west from the Main Road and then someone will be turning to the east and then someone will come out on Bay Avenue and to me, this whole scenario, when it is working; if it should happen, seems like it would be a confusing and a safety issue. I don't know where you can accommodate and I don't mean cars that just park and go in and stay awhile because as you had mentioned, these are four -minute interludes here, so you are going to have four minutes in and out. It is going to be constant motion and with all this, people are going to be trying to get their spot at the pump, so it may offer a lot of conveniences, if you believe it but I really feel that it will offer a safety issue that would, I don't want to see any resulting effects of this, anyone in harm's way. I don't want that to happen that way. So, fight at this point, it doesn't seem like a safe endeavor at all. SUPERVISOR HORTON: Thank you, Ms. McGreevy. MR. DENICOLA: The scenario you indicated would mean that we would have the busiest from Brookhaven to Orient. It would be nice but that is not practical. UNIDENTIFIED: Can we follow the appropriate procedure here? SUPERVISOR HORTON: Well, actually, it is both sides of the fence that are participating in this lack of procedure that we try hard to follow. So, indeed, all comments will be directed, there is no wrong done. It rests on my shoulders. But all comments will be addressed to the Board. Do you have anything further for your presentation, sir? PETER YOUNG: Peter Young, Mattituck. The question I have, I will direct it to the Town Board, I am not sure procedurally, this is then reviewed by the Planning Board, is that correct? SUPERVISOR HORTON: The request for change of zone is sent to the Plmming Board as part of our process, which is not binding. MR. YOUNG: I see. And they made a recommendation to the Town Board in favor of the change of zone. December 16, 2003 17 Public Hearing-Hess Change of Zone SUPERVISOR HORTON: Initially, yes but then upon further review, I believe that they came back with not supporting that. MR. YOUNG: I see. I am just wondering, so after your vote this evening that is the end of the road here, one way or the other? There is no further review of architectural or site plan, depending upon what you do this evening? SUPERVISOR HORTON: I am presuming it goes to a vote tonight, if it passes, the change of zone would take place and then the applicant would proceed on to the Planning Board and follow what other steps are involved in developing that site. If this change of zone, when it is voted on, does not go through, it remains M-l, the owner is left dealing with the zoning that is in place now. MR. YOUNG: I have a comment on the site plan and I think that the proposed site plan reflects pretty much the ingress and the egress that is currently at the location and I am confused by the two curb cuts on Bay Avenue and that I think there was an earlier speaker, the lady indicated there might some traffic confusion as a result of that and I would agree with that statement and I am just wondering why there are two curb cuts on Bay Avenue and why one wouldn't suffice? SUPERVISOR HORTON: Well, again, this isn't an accepted site plan. MR. YOUNG: Right and you don't know if you are going to go any further anyway, so, these are kind of moot discussions, if we are talking about specifics regarding the proposal. SUPERVISOR HORTON: That is correct. MR. YOUNG: I was going to suggest dormers and I had a question on the height of the frontal elevation, and things like that, that I guess .... SUPERVISOR HORTON: If this change of zone were approved, the process is to the Planning Department would warrant further public hearing. COUNCILMAN WlCKHAM: And Architectural Review, too. SUPERVISOR HORTON: That is true. MR. YOUNG: Thank you very much. SUPERVISOR HORTON: Thank you. Are their other comments from the floor on this public heating? Yes, sir. Actually, why don't you finish your sort of setup there? MR. DENICOLA: I just had a couple of comments after discussing the matter and heating the comments. If the Board sees fit, the applicant could reduce the size of the building, we would have to see to what degree we can reduce it down to, we do have a building that is approximately an 8 or 900 square feet smaller, which would of course, increase the parking also, that would mean that, once you go into a smaller building then you cannot have the one co-branded use, which would mean that Blimpies would then not be put in the site, it would be strictly a gasoline convenience store. We could December 16, 2003 Public Hearing-Hess Change of Zone 18 conceivably, we would definitely increase the parking then because the building now is smaller and conceivably increase the landscaping. As far as the curb cut, I think that would be something that we would discuss with Planning if the matter goes further as to how to have the curb cuts on Bay Avenue and as far as that there is any concern about the sale of alcoholic beverages, in other municipalities in Suffolk County, we stop selling alcoholic beverages or we could make this offer; at 12:30 at night and resume sales at 7 or 8 the next morning because some people feel that there is no reason to sell alcoholic beverages at night. But, those are concessions that we could certainly agree to if the zoning change was approved. SUPERVISOR HORTON: Thank you. MR. DENICOLA: Thank you very much, Mr. Supervisor and members of the Board. GEORGEANN PACKARD: Georgarm Packard, Mattituck. Just one comment about, he referred to the houses that are across the street from the Hess station, to the east as being residential office, they are all-in that whole line there except for the dentist office, they are all residential. And those lights that only affect the north side would be affecting those houses and also, if Hess was a really good neighbor, they would not be open 24 hours a day. There is hardly anyone out on the road at that time and we need the quiet. Thank you. SUPERVISOR HORTON: Thank you. Ms. Norden. MELANIE NORDEN: Well, certainly a lot of people have testified tonight and I would like to encourage the Board to listen to the people. SUPERVISOR HORTON: Could we have your name and place of residence? MS. NORDEN: Melanie Norden, Greenport, New York. I think it is very important that you recognize that the audience this evening is comprised of taxpayers, people that pay everybody's salaries, sitting right up there. And it is really extremely important that we respond to the community and the communities needs. It doesn't really matter whether Hess is a foreign corporation, a local corporation or a local business. The reality is, that we have people in the community that are telling you and giving you a very, very clear message about how they feel about this issue. I think that that message has been delivered passionately and with caring this evening and with a lot of important points regarding safety, safety of children, traffic, the lack of any overall plan in the Town of Southold for Route 25, lots of things have been raised, So I would like to call this into question this evening, and hopefully, you will vote on it now and give this community what they have been asking for. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor? Mr. Finora. MR. FINORA: One brief comment with regard to what the gentleman said about not selling beer. This is the very thing that they signed an agreement with, with Oyster Bay. They said that we will not sell alcoholic beverages because alcohol and gasoline do not mix. And they went right ahead, opened the door and start selling beer and wine coolers. I mean, how could we rely on the statement that this gentlemen just made? December 16, 2003 19 Public Heating-Hess Change of Zone SUPERVISOR HORTON: Thank you, Mr. Finora. Mr. Finora. JOE FINORA, JUNIOR: Hi, my name is Joe Finora, Junior. I live in Laurel. My dad is a tough act to follow, but he invited me to this meeting and I wasn't going to let him down. Everyone here lives in the surrounding towns, these gentlemen, you know, we thank them for their time but they live in Sayville. After this presentation, they are going to pack up and they are going to go back to Sayville, their paycheck from this job is going to be from New Jersey. When they leave, we are going to be faced with the increased traffic, the noise, the lighting, the pollution, (tape change) the run-off, which we have heard time and time again, is a proven cause of water pollution. Mr. Denicola has pointed out that the gasoline station does not front on the creek, yes, that is correct but it is only a couple of hundred feet from it. As Ms. Packard, our neighbor pointed out initially, there was not any mention of environmental issues in this presentation, we all know we get dangerously high tides, we know we have very high water tables here, we have very porous, sandy soil and chemicals move very rapidly underground here. We all know that, we all have water problems here. We certainly don't need anymore. Now, they have pointed out numerous times that Hess wants to be a good neighbor. We all want to be a good neighbor. I have the Constitutional fight to play my music as loud as I want but that is not being a good neighbor. Is it going to be a good neighbor if we have a gas station running 24 hours a day, 7 days a week, with lights, and noise and motors running and people fighting and coming in and buying beer and pornographic magazines and everything else that these convenience stores sell. Now, when I was invited to this meeting, you know, I am a former journalist, it is only fair to say this and there are two roles in journalism, one is follow the paper trail, the other is exam the evidence. I did a casual intemet search last night, I only spent about 15 minutes on the intemet. I came up with three environmental complaints against the Amerada-Hess corporation; two in Texas, one in Brooklyn, New York. They were all for wastewater, air and ground water contamination. In addition, this company is up for human rights violations in Africa, Asia and Latin America. Now, I know that these gentlemen will argue that it is not fair that other gas stations have convenience stores. They want more than a zoning change, they want to sell pizza, they want to sell donuts, they want to sell beer. This is going to change the entire atmosphere of that comer, which is central to the town of Mattituck. Now, I know, most of you up there when you come up and campaign, you tell us that you want very much to preserve the character of our Town. I think that you have to consider this issue very deeply when you think of how you are going to vote on this. The average Southold homeowner has to battle a blizzard of permits if you want to expand your house, renovate your property in any way. What would happen to me if I wanted to put a 2,000 square foot addition on my house? I don't think ! would get much support. There is one more thing, I want to point out, in business there is a very strong four letter word. That word is risk. When Hess entered into an agreement to buy that property, 20 something years ago, they signed an existing zoning law as it was. They took the risk. How we vote on this is going to be a risk for us, as well. It is going to affect the character of our Town; I think that is something we all have to carefully consider. Thank you very much. SUPERVISOR HORTON: Thank you, Mr. Finora. Are there other comments from the floor on this public hearing? Yes, Mrs. Sweeney. CARMEN SWEENEY: Carmen Sweeney, I am a resident of Mattituck. I had four children and I have found that comer to be extremely dangerous going to the beaches, coming from the beaches and I believe that it is across from the Suffolk County National Bank, which also has its traffic hazards. It is an extremely dangerous comer and when I come out of the bay area, I usually make a fight hand turn December 16, 2003 20 Public Hearing-Hess Change of Zone even if I want to go west and go down and find a spot to come back again because you can not make a left-hand turn there without taking your life in your hands and I think this Board should take that into consideration and maybe spend a couple of days, especially from Friday night to Sunday, trying to make a turn there, in or out of it, even coming from the east going on to Bay Avenue, very dangerous. Thank you very much. SUPERVISOR HORTON: Thank you, Mrs. Sweeney. Are their other comments from the floor? (No response) We will close this hearing. Southold Town Clerk PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the., town of Mattituck.. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amemda Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16'm. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amemda Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ~ON TUESDAY - DECEMBER 16T". AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the corher of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: [o PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name; Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: .Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer &Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Manituck. Name: Address: PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. Name: Address: PETITION TO TOV~N BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request oft_he Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY . DECEMBER 16TM. AT 5:00 P.M. AT TOWN HALL. SOUTHOLD ]~ {a PETITION TO TOWN BOARD TOWN OF SOUTHOLD. N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation fi.om Marine 1 (M-l) District to General Business 03) District. We are against the expansion of their facility to include a convenience store at the corner of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16TM. AT 5:00 P.M. AT TOWN HALL. SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16TH. AT 5:00 P.]~vl. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amemda Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY . DECEMBER 16m. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine l (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattimek. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amemda Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenie~store at the comer of Bay Avenue and the Main Road in the town of Mattituck. ~ NOTE TO PETI¥IONEI~'.~ASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER"'~TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituek. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-l) District to General Business (B) District. We are agai,nst the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. iNOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine l (M-l) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEIv~ER 16TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine I (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Mattituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DECEMBER 16m. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD ~ q~o co uw'~cy cco~ ~. c. df~t~r6d~)~3~~' PETITION TO TOWN BOARD TOWN OF SOUTHOLD, N.Y. We the undersigned hereby petition the Town of Southold to deny the request of the Amerada Hess Corporation to change the zoning designation from Marine 1 (M-I) District to General Business (B) District. We are against the expansion of their facility to include a convenience store at the comer of Bay Avenue and the Main Road in the town of Matfituck. NOTE TO PETITIONERS: PLEASE BE SURE TO ATTEND PUBLIC HEARING ON TUESDAY - DE(~EMBER 16TM. AT 5:00 P.M. AT TOWN HALL, SOUTHOLD ~u~'~ L. D~TlCO~A ANDREA EU6L~fI~ L. DILNICOL~ December 8, 2003 ~LECEIVED DEC - 9 2002 Southold Town Clerk Southold Town Clerk Southold Town Hall PO Box 1179 53095 State Road Southold, NY 11971 Re: Applicant: SCTM No. Premises: Amerada Hess Corporation 1000-122-3-10 s/eric Route 25 & Main Road, Mattituck, NY Dear Sir/Madam: To further the public hearing scheduled before the Town on December 16, 2003, regarding the above captioned premises, I enclose herewith the following: · Affidavit of Posting of public notice poster on December 8, 2003. Proof of Mailing of Notice, with annexed notice to adjacent property owners, stamped certified receipt dated December 3, 2003, and signed return receipts which have been received as of this date. Any additional signed receipts will be submitted to you at the public hearing. Kindly sign the enclosed copy of this foregoing, and return same to my office in the confirming your receipt of the Thank you for your courtesy and cooperation herein FO enclosures AFFIDAVIT OF POSTING TOWN BOARD: TOWN OF SOUTHOLD In the Matter of the Petition of AMERADA I~F~SS CORPORATION to the Town Board of the Town of SouthoM STATE OF NEW YORK) ~ SSA COUNTY OF SUFFOLK) THE UNDERSIGNED, being duly sworn, deposes and says that in compliance with the requirements of the Town of Southold, hereby ceffffies that on December 8, 2003, the applicant conspicuously posted a public notice sign (in stand provided by the Town of Southold) on the property at the southeast comer of NYS Route 25 and Bay Avenue, Mattimck, Town of Southold, New York, advising the date, time and reason for the public hearing before the Town Board on Tuesday, December 16, 20~the Southold Town Hall, 53095 Main~ Sworn to before me this 8th day of December, /-Notary Public ROSEARNE ORSKI NOTARY PUBLIC, State of New York No, 4504559 Qualified in Suffolk Count~ Term E~pires Apr130, ~__ f/~ TOWN BOARD: TOWN OF SOl. ri'HOLD In the Matter of the Petition of AMERADA HESS CORPORATION NOTICE TO ADJACENT PROPERTY OWNERS to the Town Board of the Town of Southold. YOU ARE HEREBY GIVEN NOTICE: 1. That the undersigned has filed a petition with the Town Board of the Town of Southold to request a change of the zoning district of the subject property. 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Southeast comer of New York State Route 25 and Bay Avenue, Mattituck, Town of Southold, Suffolk County, New York; SCTM # 100-122-3-10. 3. That the property which is the subject of such Petition is located in the following zoning district: MARINE 1 (M-l)DISTRICT. 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: GENERAL BUSINESS 03) DISTRICT. 5. That the petitioner, Amerada Hess Corporation, has filed a written Petition requesting the relief specified above and filed it with the Southold Town Clerk's Office at Main Road, Southold, New York. You may then and there examine the same during regular hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the public of such notices that you or your representative have the right to appear and be heard at such heating. 7. Pursuant to Section 265 of the Town Law and requirements of the Code 0fthe Town of Southold, Suffolk County, New York, the Town Board of the Town of Southoid will hold a public hearing on the aforesaid local law at the Southold Town Hall. 53095 Main Road~ Southold~ New Yorih at 5:10 o.m, Tuesda¥~ December 16~ 2003. The purpose of this Local Law is to change the Zoning District Designation of SCTM # 100-122-3. lq~from Marne 1 (M-l) Dated November 25, 2003 ^ttomey for P ,.oner Sayville, New York 11782 PROOF OF MAILING OF NOTICE $CTM # 122-3-15.1 122-3-9 143-3-4.2 142-1-25.1 142-2-20 142-2-21 142-2-22 NAME AND ADDRESS PWK Enterprises, Inc. c/o William H. Kope, Jr., 3000 Marcus Avenue, Lake Success, NY 11042 East Enders, Inc., 100 Dam Street, New York, NY 10013 Suffolk County National Bank, 6 West Second Street, PO Box 269 Riverhead, NY 11901 Bethany Cemetery Association c/o Stanley Paekin, 1700 Park Avenue Mattituck, NY 11952 Jack Savarese, 23 Poppy Avenue, Franklin Square, NY 11010 John & Joan Sawicki, PO Box 602, Laurel, NY 11948 Raymond M. & Laurel Ferrick, 70 West Woods Boulevard, PO Box 504, Aquebogue, NY 11931 STATE OF NEW YORK) COUNTY OF SUFFOLK) Eugene L. DeNicola, residing at 200 Railroad Avenue, Sayville, New York, being duly sworn, deposes and says that on the 3rd day of December, 2003, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-n_~rsons at the addresses set opposite their respective names; that the addresses set opine the nam-es of said persons are the addresses of said persons show on the current assessmffpt roll of the Town of Southold that said Notices were mailed at the Unl~Stat~ O~..~e., New York ~ that said Notices were mailed to each of sai~ ~[~e~~~pt requested.) Sworn to before me this / ' ..,day of Decem~2d~03 -- Notary Public ROSE/~NNE ORSKI NOTARY PUBLIC, State of New¥ork No 4504559 Qualified in Suffolk Colmt~ ~ Term Expire~ Aprl 30, ~i~t~) ~,J IlYN SS'ill'lO (1NY '(I'~I ,ILI"/~ID "~'O'D 'Q"~LrlSNI '~I~I~I~IZSIO'~I '~lOzl 996 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the roailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee [] Yes [] NO R~YMONDM. & LAUREL FERRICK 70 West Woods Blvd. PO Box 504 Aquebogue, NY 11931 2. Arti 3. Service Type' ~.Certified Mail [] Express Mail ~E] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restr cted De very? (Extra Fee) [] Yes 70'02 2030 0003 1389 5890 PS Form 3811, July 1999 Domestic Return Receipt · Complete items 1, 2, and 3. Also coroplete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the rnailpiece, ~or on the front if space permits. 1. Article Addressed to: Received by (Please Print Clearly) -~ ~ r-i Agent [] Addm=c~_ from item 17 ~ If YES, enter delivery address below: J-] No JOHN & JO~N S~WICKI PO Sox 602 Laurel, NY ]1948 7002 2030 0003 1389 PS Form 3811, July 1999 Domestic Return Receipt 3. Service Type ~1~ Certified Mail [] Express Mai~ ! [] Registered ~] Return Receipt for Merchandise ~d Mail [~] C.O.D. 5883 · Complete tteros 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: If YES, enter delivery address below: []Agent [] Addmssee [] Yes []No SUFFOLK COUNI~ N~TION~L B~NK 6 West Second Street PO'Box 269 Riverhead, NY 11901 Service Type [] Express Mail [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7002 2030 0003 1389 5852 ~,/~ Ps Form 38:11, July ~1999 Domestic R~urn Receipt 102595-99-M-1789 + · Complete items 1, 2, and 3. Also complete item 4 if Rsstdcted Delivery is desired. · Pdnt your name sod address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the fl'ont if space permits. 1. Article Addmssed to: PWK EN~£ERPRISES, INC. c/o William H. Kope, Jr. 3060 Marcus Avenue Lake Success, NY 11042 Date of Ii A. Received by (Please Pdnt C~ariy) B. W ~D~ i~_ , __ C. Signature ~__~ Fl Agent [] Addressee D. Is delivery eddmss different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type *?~Certifled Mail [] Express Mail I U Registered [] Return Receipt for Merchandise ~[] Insured Mai~l [] C.O.D__ -- 14. Restricted Delivery? (Extra Fee) [] yes 7002 2030 0003 1389 5836 NOTICE OF PUBLB HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold n,~,~ ~cccivcd a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000- 122-3-10 from Marine 1 (M-i) District to General Business (B) District; and NOTICE 1S FURTHER GIVEN, RESOLVED that pur- suant to Section 265 of the To~vn Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a poblic hearine on the aforesaid local law at the Somhold Town Hall. 53095 Main Road. S0uthold, New York at 5:10 p,m., Tuesday. December 16. 2003. Thc purpose o£this Local Law is to change the Zoning District Designation of SCTM# 1000- 122-3-10 from Maline 1 (M-I) District to General Business (B) District. The petitioner for this request is Amerada Hess Corporation. The property is approximately 0.528 acres and is located on the south side of Main Road, Mattituck, New York. The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE I (M-l)DISTRICT TO GENERAL BUSINESS (B) DISTRICT." BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLB, NOVEMBER 6, 2003 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 2X 11/27, 12/4/03 (093) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace. being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Sufiblk County; and that the notice of which the annexed is a printed copy, has been published in said 7Yaveler Watchmgfl , once each week for.... :.~. _ ..week(s) / swuccessivcly, commencing on the ...... .h...;..:,...day of · ::: .~,i ~ .,...~. ~[d.¢. k .....200J. ... i~ ....~.....: .... ¢.t...~.~..*~. 4..(..(. .... S~ to~ before me this..Z ..... day of ... d, ~;.(. < .q). ,]& .c. :., 2003. Notary Public Emily Hamill NOIAR~, PI BI,lC, State of New York No. 01 HA5059984 Qualified itl Suffolk t ounty (ommission expires May 06, 2006 Neville, Elizabeth From: Sent: To: Cc: Subject: Matthew Barbato [mbarbat@yahoo.com] Tuesday, December 02, 2003 9:09 AM e.neville@town.southold ny.us nfec@optonline, net proposed zone change for Hess in Mattituck I am strongly against any zone change that would allow Hess to expand their operations in Mattituck. We need to protect our wetlands, and also our way of life. I truly believe this expansion will increase traffic and add to the erosion of our local community. We don't need any more chain convienience stores lining our streets. RECEIVED DEC 2 2003 Soulhold Town Cle~ Thank you, Matthew Barbato Cutchogue, NY Do you Yahoo!? Free Pop-Up Blocker - Get it now http://companion.yahoo.com/ Neville, Elizabeth From: David Fisher [davethefish@peconiclandingnet] Sent: Monday, December 01, 2003 10:14 PM To: e. neviile@town.southold.ny.us RECEIVED Cc: NFEC Subject: town board meeting, dec.2nd DEC 2 2003 1. we strongly support strenthening the wetlands code 2. we are against expansion of the Hess station %uthold Town yours truly, david & dorothy fisher 12/2/2003 Neville, Elizabeth RECEIVED From: Pat Gazouleas [pat1935@optonline.net] Sent: Tuesday, December 02, 2003 1:45 PM To: e.neville@town.southold.ny.us Cc: nfec Subject: Hess Zone Change %utholcl Town Cler~ I would like to strongly oppose any zone change for the Mattituck Hess station. It is located at an intersection that is already dangerous and increased activity at the station will only make matters worse. We have no need of another convenience store and it might well adversly impact local business. Most important though is the increased pressure on wet lands and the creek just behind the station. Finally, I question the whole business of altering established zoning for the benefit of a large corporation when it can have no possible benefit for the community. Pat Gazouleas 12/2/2003 From: Halliburton, Carol [challiburton@heidrick.com] RECFJVED Sent: Tuesday, December 02, 2003 10:12 AM To: 'e.neville@town.southold ny. us' Cc: 'nfec@optonline.net' ~ Subject: Protect our wetlands D~-I,~ , 2 2003 I would agree with NFEC that to allow the Hess Station in Mattituck to expand would be a mistake for the town of Mattituck because of the heavy traffic the station already bears, and for the sake of the wetlands which are in close proximity to the busy station. We do not need another snack/convenience store on this road. It would be an eyesore and add nothing but confusion to the community. We need stronger wetland laws, not more convenience stores in this already threatened environment. Please support proposed legislation to strengthen the wetland code of the Town so that we can better protect our marshes, creeks and open waters. After all, these are the reasons we live where we live. If we wanted ~ore convenience stores, we could live anywhere west of Riverhead, but instead we choose to live near the beauty of nature which we must fight to protect. I regret that I cannot attend this meeting. Thank you, Carol Halliburton 5outhold Town Clerl; Neville, Elizabeth From: Gwc7622@aol.com Sent: Tuesday, December 02, 2003 9:35 AM To: e.neville(~town, southold.ny.bs Subject: (no subject) Just for the record, I support a stronger wetlands law. I PROTEST changing the zoning for the projected Hess gas station. George Clark, East Marion, NY RECEIVED DEC~ 2 2003 $outhold Town ClerJ~ 12/2/2003 Neville, Elizabeth RECEIVED From: SMEP2@aol.com Sent: Tuesday, December 02, 2003 9:14 AM To: e.neville@town.southold.ny.us DEC 2 2003 Cc: nfec@optonline.net Subject: hearings tonight (~outh01d ]'own Clerl~ Dear Town Board: 1. In regard to the Hess variance: I lived in Mattituck for 30 years before moving to Southold and the congestion on the corner of the Hess station has always been a driving challenge. Trying to make a turn in either direction there--heading towards Veteran's Park or Peconic Bay Blvd--or coming from there, often means a lengthy wait for east/west traffic to have a break. Adding to that problem is really not a good idea, and not the right place for another mini-mart. There are already ample places to shop within a block or two of that location. 2. Wetlands: Please do everything possible to strengthen the protection of our wetlands. They filter our waters, provide spawning ground and food for wildlife, and enhance the beaty of our area. PROTECT THEM. Sincerely, Sylvia Pafenyk 12/2/2003 Neville, Elizabeth From: Jpr3261761@aol.com D~i~ 2 2003 Sent: Monday, December 01, 2003 11:34 PM To: e.neville@town.southoldny, us S0uth01d ]'owrl Cie.,[ Subject: Wetlands/Hess 1) This is to express our full support for strengthening the powers of the Trustees re: protecting Town wetlands. 2) We also oppose any zone change to allow Hess to expand its facility in Mattituck, Please see to it that these views are made known to the Town Board on Tuesday. 1212103. Thanks very much, John and Dorothy Rooney 425 Maple Lane PO Box 1622 Southold NY 11971 631-765-3202 12/2/2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR 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 November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 5:10 pm on December 16, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND TItE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING TItE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Eli~eth A. Neville Attachments yown Clerk cc: Suffolk County Department of Planning [// Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Plmming Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building ]~artment ~ Date"-~: ~'l'~e, ]~oceived By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE 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 November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 5:10 pm on December 16, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signatil~,-Re~-ei:qed By~ ' DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE 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 November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 5:10 pm on December 16, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE 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 November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 5:10 pm on December 16, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF ~OUTIIOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS {B) DISTRICT." Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signatui~ived By / DUPLICATE TO BE SIGNED AND RETURNED TO SOUTItOLD TOWN CLERK IN RETURN ENVELOPE r'/<'x~/' ~ ELIZABETH A. NEVILLE TOVgN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE 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 southaldtown.northfork.net OFFICE OF THE TOIVN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that thc Town Board of the Town of Southold will hold a Public Heahng at 5:10 pm on December 16, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received ~ Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR 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.north£ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 24, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 5:10 pm on December 16, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTItOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARINE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Received By Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: /~='~/~/~'~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 21, 2003 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hanppauge, New York 11788-0099 Dear Mr. Isles: Transmitted is the updated recommendation of tho Southold Town Planning Board on the "Amerada Hess" change zone application. I am also enclosing a copy of your recommendation dated October 4, 2001, the Southold Town Planning Board recommendation dated August 14, 2001 and a copy of the application. Please prepare updated recommendation for the upcoming public hearing on December 16, 2003 Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures cc: Town Board Town Attorney Town Planner PLANNING, BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN II. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Memorandum PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED To: Elizabeth Neville, Town Clerk From: Valerie Scopaz, AICP, Town Re: Change of Zone Petition Amerada Hess Corporation S/E/c SR 25 and Bay Avenue, Mattituck SCTM # 1000-122-03-10 Date: November 18, 2003 %uthold Town Cler~ The Planning Board reviewed this petition again at its last work session. It decided to rescind its prior recommendation dated August 14, 2001 whereby the rezoning petition was supported. The Planning Board's decision was based on a re-assessment of certain key facts: the primary one of which is that there is a limited amount of Marine Business zoning within the Town and that this zoning should be protected from any loss and encroachment. This fact is highlighted in the Local Waterfront Revitalization Program document. Additionally, on reviewing the environmental assessment information, the Board also feels that the traffic situation at this subject location would worsen as a result of a change of zone to General Business because the number of permitted uses is both greater and allows for more intensive uses. As a result, the Planning Board strongly recommends denying the proposed petition. Message Liguori, Joanne Page 1 of 2 From: Horton, Joshua Sent: Monday, November 17, 2003 1:40 PM To: Liguori, Joanne Subject: FW: letter Jo, Please print out the email from Lise Visser and give it to the clerk's office for incorporation into the Hess file. jYh ..... Original Hessage ..... From: Lise Visser [mailto:long_stemmed@hotmail.com] Sent: Friday, November 14, 2003 4:00 PH To: joshua. Horton@town.southold.ny.us Subject: letter RECEIVED NOV I 7 2OO3 Lise Visser 405 Saltaire Way Mattituck, NY 11952 Southold Town Clod~ November 14, 2003 Mr. Joshua Y. Horton, Supervisor Ms. Louisa P. Evans, Justice Mr. William D. Moore, Councilman Mr. Thomas H. Wickham, Councilman Mr. Craig A. Richter, Councilman Mr. John Romanelli, Councilman Re: Amerada Hess Dear Mr. Horton and Members of the Town Board: I oppose the petition before you from Amerada Hess to change the zoning at the corner of Bay and Main Roads to allow the construction of another convenience store. As our elected 11/17/2003 Me, ssage Page 2 of 2 representatives you have a responsibility to improve, not degrade this hamlet further. I respectfully request that in lieu of granting this petition you send the Code Enforcement Officer for a long overdue inspection of Main Road in Mattituck and ascertain what signs and structures are in violation of the Town Code, following which those in violation will receive a letter to enforce compliance. Yours truly, Lise Visser http://www.danspapers.coin 11/17/2003 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 12, 2003 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Southnld Town PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE I (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience, Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~:,~v.~3. Lx.~ ~/z; 3; ~_a ~.t ~.~ ,~ ,._ Date: S~ature, ReceiveqBy [¢X ~ ,, , ' ' / ~DUPL1CATE TO ~E SIGNED AND ~TU~ED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRakR OF V~TAL 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 November 12, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND TIlE ZONING MAP OF TIlE TOWN OF SOUTIIOLD BY CIIANGING TIlE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l} DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals S~g{)tature, Received~// // ~ _ BOARD OF ASSESSORS TOWN OF SOUIItOLD~ 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 ~ t ~ TOWN OF SOUTHOLD November 12, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING TItE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Rec~ivd~l~y DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR 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 November 12, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will bold a Public Hearing at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF TIiE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS {B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signah(~re, l~eceive~Byv DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE 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 November 12, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Heating at 8:00 pm on December 2, 2003, regarding thc following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE I (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport To,vn of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Signature, Receiv~t By (J Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date:_~:i ~ DUPLICATE TO BE SIGNED ~D ~ SOUTHOLD TOWN CLE~ IN ~TU~ ENVELOPE 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 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 12, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Heating at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND TItE ZONING MAP OF TItE TOWN OF SOUTItOLD BY CHANGING TItE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS {B'} DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals S~gnature, Recmved By ~/ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE 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) 765,6t45- ....... ~ Telei~hone (631) 765-1800 southaldtown.northfork~et OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 12, 2003 2,03 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hearing at 8:00 pm Law, entitled, "A LOCAL LAW TO AMEND THE on December 2, 2003, regarding the following Local ' -' " ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVII.I.Ig 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 November 12, 2003 PLEASE TAKE NOTICE that thc Town Board of thc Town of Southold will hold a Public Hearing at 8:00 pm on December 2, 2003, regarding thc following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOV/N OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, R~eived By " Date: I[/ [4/0> DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 12, 2003 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 ~40!f 1 :~ ~ Il[J) PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Heating at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 {M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Sonthold Town Board of Appeals Signature, Receivet~By &~3D/~;~ fo~if/.rcO~E~ [ [ PLI~ATE T SIGNED ~ND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE ELIZABETH A. NEV~I.I.E TOWN CLERK REGISTP..AR 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 November 12, 2003 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a Public Hcafin§ at 8:00 pm on December 2, 2003, regarding the following Local Law, entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT". Certified copies of this resolution is enclosed. Please sign the duplicate of this letter and return to me in the enclosed self-addressed, stamped envelope at your earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK IN RETURN ENVELOPE I.- Z 0 © 0 0 ? © E INVOICE John J Raynor, P.E. & L.S., p.c. Civil Engineer and Land Surveyor Deerfield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Phone: (631) 726-7600 NOV 3 03 Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Southold Town Board/SEQRA Info Our Job No.: 1642 For professional services in connection with engineering and surveying related to the above named project, as listed on the attached summary. Balance due from statement of SEP 5 03 PAST DUE 1,504.50 $ 1,504.50 INVOICE John J. Raynor, P.E. & L.S., p.c. Civil Engineer and Land Surveyor Deerfield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Phone: (631) 726-7600 SEP 5 03 Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Southold Town Board/SEQRA Info Our Job No.: 1642 For professional services in connection with engineering and surveying related to the above named project, as listed on the attached summary. Technician: 8.00 hours at $78.00 per hour 624.00 $ 624.00 Time Summary for Job 1642: Southold Town Planning Board/SEQRA Info as of AUG I 02 Date Work Description Categon/ Time FEB 25 02 Prepare letter to Town in reponse to SEQRA request Engineer 0.50 FEB 28 02 Observe site conditions; take photos Engineer 0.50 MAR 1 02 Conference w/J JR to discuss work assignment Sr. Technician 0.25 MAR 4 02 Brief discussion with staff (JL) on project needs Engineer 0.25 MAR 4 02 SEQRA review for Zone change Technician 2.00 MAR 5 02 SEQRA review for Zone change Technician 4.00 MAR 6 02 SEQRA review for Zone change Technician 5.00 MAR 13 02 Discussion w/J JR; prepare revisions to the report Technician 0.50 MAR 15 02 Work on Draft SEQRA Review; do transmittal Technician 0.50 J JR J JR RJV J JR JL JL JL JL JL Elizabeth A. Neville Southold Town Cled( Town Hall, 53095 Main Road, Southold, N.Y. 11971 631 765-1800 tele. 631 765-6145 fax To: Roseanne From: Elizabeth Neville Fax: 631 567-1287 Pages: 4 Phonm [Click here and type phone number] Date: 11/10/2003 Re: Notice of Public Hearing CC: [Click here and type name] [] Urgent X For Review I-I Please Comment [] Please Repty I-I Please Recycle · Comments: As dismissal on telephor~. § 100-290 ZONING § 100-291 ARTICLE XXIX Amendments [Amended 5-30-1975 by L.L. No. 3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by L.L. No. 1-1985; 1-10-1989 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. 12-2003] § 100-290. 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 report 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. § 100-291. 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 10175 § 100-291 SOUTHOLD CODE § 100-292 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 § 100-55B(5)(g). The petitioner shall also be responsible for reasonable and customary professional review fees relating to environmental review of the petition. § 100-292. 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 imr~ediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately 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 i~ the form of a statement sworn to by petitioner or his/her agent shail 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. 10176 § 100-292 ZONING § 100-300 (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 SouthokL Town Clerk's office, Main Road, Southold, New York, and may then be examined during regular office hours. (5) A statement that a pubhc 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. 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. Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. In addition to the above notice requirement, prior to holding a public hearing on the petition, notice shall be provided pursuant to Chapter 58. ARTICLE XXX Severability [Added 1-10-1989 by L.L No. 1-1989] § 100-300. Severability. Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 10177 § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. 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.] § 58-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] 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 5801 § 58-1 (2) SOUTHOLD CODE § 58-1 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 pu~blic 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. 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 provision prior to commencement of the public hearing. 5802 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold has received a petition to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-122-3-10 from Marine 1 (M- 1) District to General Business (B) District; and NOTICE IS FURTHER GIVEN, RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the aforesaid local law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York at 5:10 p.m.~ Tuesday~ December 16~ 2003. The purpose of this Local Law is to change the Zoning District Designation of SCTM# 1000-122-3-10 from Marine 1 (M-I) District to General Business (B) District. The petitioner for this request is Amerada Hess Corporation. The property is approximately 0.528 acres and is located on the south side of Main Road, Mattituck, New York. The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE Z:ONING DISTRICT DESIGNATION OF SCTM # 1000-122-3-10 FROM MARJNE 1 (M-l) DISTRICT TO GENERAL BUSINESS (B) DISTRICT." BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, NOVEMBER 6, 2003 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON November 25~ 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Planning Board Zoning Board Town Clerk's Bulletin Board Town Board Members Building Department Town Attorney STATE OF NE~ORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the x~day of ~~.~, 2003, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Notice of Public Hearing: Amerada Hess Change of Zone. Southold Town Clerk Sworn before me this c~day of Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of No. 01B06020932 Qualified in Suffolk Courlt~ Term Expires March 8, ~v-O~-03 12:23P De~rfield Gr~n 631 726 4378 P.04 INVOICE John J. Raynor, P.E. & L.S., p.c. Civil Engineer and Land Surveyor Deerfield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Phone: (631) 726-7600 APR 2 03 Town ol Southold P. O Box 1179 Southold, NY 11971 Re: Southold Town BOerd/SEQRA Info Our Job No.: 1642 For professional services in connection with engineering and surveying related to the above named project, as listed on the attached summary, Engineer: Techt~ician; 1.50 hours at $145.00 per hour 8.50 hours at $78.00 per hour 217,50 663.00 $ 880.50 Nov-07-03 12:23P Deerfield Green 631 726 4378 p.05 Time Summary for Job 1642: Southold Town Board/SEQRA into as of APR 2 03 Date Work E)escnp~on Calegory Time Init. JAN 30 03 Rev V.Scopaz memo-additional Hess SEQRA info w/J JR Technician 0,50 JL MAR 13 03 SEQRA report ~ns Technician 1.00 JL MAR 14 03 SEQRA Report - revisions Technician 1,00 JL MAR 17 03 SEQRA Report revisions Technician 5,00 JL MAR 17 03 Review end editing of SEQRA Report Engineer 1,00 J JR MAR 1 $ 03 SEQFIA Report revisions Technician 1.00 J L MAR 18 03 Editing and review of SEQRA report Engineer 0.50 JJR Time Summary for Job 1642: Southold Town Board/SEQRA Info as of SEP 4 03 Date Work De, scrip'don Catego,¥ '13rne init, JUN 19 03 Work on SEQRA Determination Technician 2.00 J L JUN 20 03 Work on SEQRA Determination Technician 0.50 JL JUN 24 03 Wod< on SEQRA Determination Technician 2.25 JL JUN 25 03 Work on SEQRA Determination Technician 1,00 JL JUN 26 03 Work or~ SEQF~A Determination Technician 1.50 J L_ JUN 27 [')3 Transmittal & copy SEQRA Determination to Town Technician 0.25 JL JUl. 7 03 Review/print SEQRA report & Determi~ation;tral)smd Technician 0.50 JL EUGENE L. DENlCOLA ANDREA DENICOLA HAND DELIVERED Office of the Southold Town Board cdo Elizabeth Neville, Town Clerk 53095 Main Road Mattituck, NY 11971 EUGENE L. DENICOLA September 9, 2003 RECEIVED 8EP 9 2003 Southold Town Cleds Applicant: SCTM No. Premises: Amerada Hess Corporation 100-122-3-10 s/e/c Route 25 & Main Road, Mattituck, NY Dear Sirs/Madam: The undersigned is the attorney for the applicant, Amerada Hess Corporation, regarding the petition requesting a change of zone of the premises from Marine I CMl) to General Business zoning district. I refer you to my August 4, 2003 correspondence, a copy of which is enclosed, that annexes a timeline setting forth the processing of this matter. As of the above date, this matter has not been scheduled for a public heating by the Town Board, nor I have received any communication or explanation regarding the Town's prolonged delay in heating the application. The applicant, Amerada Hess Corporation, has responded to all requests by the Town in a prompt manner. The Town's continued hesitation to schedule a hearing is causing an unnecessary burden on those persons charged with redevelopment and modernizing existing Amerada Hess facilities. Additionally, it creates project budget difficulties based upon estimated timetables for projects and the allocation of funds. It is respectfully requested that this correspondence and enclosures be circulated to the Town Board, and that a public hearing be scheduled as expeditiously as is possible. I await your advice with reference to the foregoing. ELD:ro enclosures cc: Office of the Town Attorney Att: Pat Finnegan, Asst. Town Attorney w~ enclosure Department of Planning Att: Bennet Orlowski, Planning Board Chairman, w~ enclosure Amerada Hess Corporation Att: Timothy O'Connor, Retail Real Estate Director Att: Andrew Lautenbacher, N.E. Permit Manager FST of New York,, Inc. Att: Kevin Papasian, Project Manager August 4, 2003 Office of the Town Board Town of Southold 53095 Main Road PO Box 1179 Mattituck, NY 11971 Re: Applicant: SCTM No. Premises: Amerada Hess Corporation 100-122-3~10 s/e/c Route 25 & Main Road, Mattituck Dear Sirs/Madam: The undersigned is the attorney for the applicant, Amerada Hess Corporation, regarding the petition requesting a change of zone of the premises from Marine I (MI) to General Business zoning district. I annex hereto a timeline setting forth the processing of this application by the Town, commencing with the filing of the petition on March 19, 2001. It is my understanding that the Town Board has received Mr. Raynor's final SEQRA report, however, said SEQRA report has not been adopted by resolution of the Town Board. In view of the period of time which has elapsed since the initial filing of the petition, it is respectfully requested that the Town Board schedule a public hearing regarding this application. In the alternative, the undersigned and the engineer for Hess would be pleased to attend a work session of the Town Board to discuss the application to move this matter to a public heating. Your courtesy and advice upon receipt hereof is respectfully requested. Very truly yours, ELD:to enclosure Eugene L. DeNicola cc: Office of the Town Attorney Att: Pat Finnegan, Asst. Town Attorney Amerada Hess Corporation Att: Timothy O'Connor, Retail Real Estate Director Att: Andrew Lautenbacher, N..E. Permit Manager FST of New York,, Inc. Att: Kevin Papasian, Project Manager all w~ enclosure G~RY F. YAKABOSKI TOWN ATTORNEY greg.yakaboskii~town.southold.ny.us _ PATRICL~ A. FINNEGAN ASSISTANT TOWN ATTORNEY patficia.fmnegan~.own.southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco~town, southold, ny.us ~DSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-'1939 Facsimili~ (631) 765:1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: Town Board Patricia A. Finnegan, Esq. Assistant Town Attorney July 9, 2003 Amerada Hess - chan.qe in zone ATTORNEY/CLIENT PRIVELEGED & CONFIDENTIAL INFORMATION Attached please find the final SEQRA rePort prepared by John J. Raynor, P.E. regarding the change of zone application submitted by Amerada Hess. The proposal is to change the zone of the parcel on the Main Road in Mattituck from M-1 to B, to allow Hess to upgrade the gas station and construct a convenience store. This report has been revised to address comments submitted by Valerie Scopaz, and the revisions have been long awaited. The report concludes that the project will not result in a significant impact on the environment and a negative declaration is included. The applicant is extremely anxious to get this matter listed for hearing as the application was filed more than two years ago. The next step is for the Town Board to list the matter for public hearing. Please advise. Pat PAF/md enc. CC: Elizabeth Ne'ville, Town Clerk Va~ Scopaz, Town Planner APPLICATION OF AMERADA HESS CORPORATION June 26, 2000 March 19,2001 Ju~ 31,2001 Augu~ 14, 2001 Augum 28, 2001 October 4, 2001 January 29, 2002 Febmary 26, 2002 March 15, 2002 October 10, 2002 July, 2003 Initial meeting with Planning staff member, Robert G. Kassner, to discuss proposed application Petition requesting change of zone filed Resolution No. 544 adopted by Town Board declaring itself the lead agency in regard to SEQRA Planning Board report issued in favor of zone change Resolution issued retaining Nelson, Pope & Voorhis as Town's consultant to prepare SEQRA report Letter received from Suffolk County Planning Commission finding no significant county-wide or inter-community impact Letter received from Nelson, Pope & Voorhis declining to prepare SEQRA, citing conflict of interest John J. Raynor retained as Town's consultant to prepare SEQRA report Draft SEQRA submitted to Town Planning Department by Town's consultant, John J. Raynor Planning Board memo transmitted to Raynor for further comments and analysis to SEQRA report Final SEQRA submitted to Town by John J. Raynor (upon information and belief) ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS AMERADA HESS CORPORATION - MATTITUCK Prepared for: Elizabeth A Neville, Southold Town Clerk Town of Southold Town Board, Town Hall 53095 Main Road Southold, New York 11971-0959 Prepared by: John J. Raynor, P,E. & L.S., P.C. Deerfield Green, 660 Montauk Highway P.O. Box 720 Water Mill, New York 11976 Date: March 13, 2002 Revised: October 21, 2002 Revised: March 17, 2003 -1- Introduction The Town Board of the Town of Southold retained John J. Raynor, P.E. & L.S., P.C. to provide consulting services for SEQR and planning review of the above referenced application. The proposed action ~lves_a. nh~[~9¢, nj_ znru~ [rQm Marine 1 (M1) District to General Business (B) District on a 0,528 acre parcel of land located in Mattituck. The site is improved with a pre-existing, non-conforming gasoline service station. Gasoline service stations are prohibited uses in the M1 Zone, but are permitted uses in the B Zone. The applicant has also made known an intention to submit a site plan application to raze the existing service station and build a new 2,480 s.f. Hess convenience store, 1,944 s.f. canopy, four dispensing islands with a total of eight fueling stations, upgrade the product piping, vapor piping and monitoring facilities for the existing tanks, and install new landscaping. This document sets forth a preliminary analysis of the site and the potential impacts associated with the proposed change of zone. In addition, the site has also been inspected for environmental/planning constraints. Location and Site Overview The project site is located on the southeasterly corner of the intersection of Main Road (S.R. 25) and Bay Avenue, just west of the central business district of the hamlet of Mattituck, Town of Southold, County of Suffolk. The subject parcel is more particularly described as Suffolk County Tax Map parcel number 1000-122-3-10. The parcel contains 150 feet of frontage on Main Road (S.R. 25), an improved State maintained roadway and 140 feet of frontage on Bay Avenue, an improved Town maintained roadway. As previously mentioned, the site is currently occupied by a gasoline service station. -2- James Creek, a tidal creek that provides access to Peconic Bay, is located on the parcel immediately south of the subject parcel. The subject parcel, however, does not front on James Creek, and does not appear to contain either wetlands or other environmentally sensitive features. Additionally, according to the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) "Circles and Squares Map", the site does not appear to be located in a known archaeologically sensitive area. Proposed Action The proposed action involves a change of zone from Marine 1 (M1) District to General Business (B) District on a 0.528 acre parcel of land located in Mattituck. The site is currently improved with a pre-existing, non-conforming gasoline service station. The change of zone application requests a zoning designation within which the current activity would be a permitted use. The proposed change of zone is an Unlisted Action pursuant to SEQRA. Coordinated review is optional. The Town Board has assumed Lead Agency status for the purpose of SEQRA review. The Suffolk County Planning Commission, on 10/4/2001, determined that the proposed action was a matter for Local Determination. The Suffolk County Planning Commission is only an "interested party" pursuant to SEQRA. Land Use and Zoninp The subject parcel is located on the major thoroughfare (Main Road, also known as State Route 25) in an area of existing commercially developed properties west of the the Mattituck hamlet center. -3- According to the Town Zoning Map, the subject parcel and the two parcels south of it are zoned Marine 1 (M1) District. This is the only area of M1 zoning in the vicinity of the project. The purpose of M1 Zoning is to "provide a waterfront location for a limited range of water-dependent and water related uses...which require or benefit from direct access to or tocation in marine or tidal waters but which are located within the town's tidal creeks or natural coves". The subject property is not a waterfront parcel, but adjacent properties front on James Creek, which is a tidal creek that provides access to Peconic Bay. Those adjacent properties comprise the two other parcels located in this area of M1 zone, and they have direct frontage on James Creek and are improved. The parcel adjacent to the subject parcel contains a small marina facility. The parcel south of that contains a single family residence. Both of these uses are permitted in the M1 zone. The subject parcel, which has no frontage on James Creek, contains a gasoline service station. This use is not one of the uses permitted in the M1 zone either by right or by specia~ permit. Therefore, the existing service station is a non-conforming use. Furthermore, the lack of direct frontage on James Creek restricts potential conforming uses on the site to either: 1) Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers, or 2) Buildings structures and uses owned by the Town of Southold, school districts, park districts and fire districts. If the request for a change of zone is approved, the area of M1 zoning in the Town will be diminished by a little more than half an acre. Land in the M1 zone that has direct water frontage is a scarce resource in the Town of Southold, and should not be rezoned without due consideration of the impact on opportunities for marine waterfront industries. However, since the subject parcel lacks water frontage, it does not afford the kind of marine waterfront industrial opportunity that M1 zoning is intended to provide. In fact, because of its lack of water frontage, the subject parcel is only appropriate for M1 zoning if it affiliates with the adjacent marina property. Since the current use has prevailed for some time rather than converting to any use in concert with the adjacent marina property, it appears that the likelihood of such a conversion in the foreseeable future is small. Without waterfrontage, the subject parcel is not particularly well-suited to MI zoning. If there arises a need for more non-waterfront, M1 zoned land at some time in the future, the Town could consider a number of other non-waterfront areas for rezoning to that category. Given the critical importance of waterfrontage in the MI zone, that possibility seems unlikely. The current Zoning Map indicates that areas immediately east, west and north of the subject parcel are zoned General Business (B). The purpose of this zone is "to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways." The General Business (B) zone "is designed to accommodate uses that benefit from large numbers of motorists, need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise." Gasoline service stations are permitted by a Special Exception in the General Business (B) Zone. The size of the subject parcel (0.528 acres) would preclude its suitability for some of the more intense uses permitted in the General Business (B) Zone. For example, the parcel is simply too small to accommodate the spatial requirements for most wholesale businesses, warehouses, building material storage, food processing and packaging plants, wholesale and retail sale of nursery and garden materials, fully enclosed commercial recreation facilities and similar permitted uses. Likewise, it may be difficult to construct a viably sized building and also provide required parking and loading facilities for other permitted uses such as restaurants, fraternal or social institutional meeting halls, auditoriums, theaters, libraries and museums and drinking establishments. Further limiting the potential uses on the site are the Suffolk County Department of Health Service regulations with respect to sanitary waste flow. Sanitary design flow -5- for any particular use is computed using the SCDHS manual "Standards For Approval Of P~ans And Construction For Sewage Disposal Systems For Other Than Single Family Residences". The site lies within Groundwater Management Zone IV. Without the availability of public water, sewage flow in that Groundwater Management Zone cannot exceed 300 gallons per day per acre. Under current requirements, sewage flow proportional to the parcel's size (0.528 acres) would be limited to only 158 gallons per day. The Suffolk County Department of Health Services has established a Sewage Flow Rate for convenience stores of 0.05 gallons per day per square foot. Using this factor, the proposed 2,480 square foot building would be rated for 124 gallons per day of sanitary waste. Based on the above, it would appear that only the comparatively less intense uses permitted in the General Business (B) Zone, like offices, banks, retail stores, personal service shops, art galleries, artists and craftmen's workshops and gasoline service stations might be capable of meeting SCDHS requirements. According to information provided by Fay, Spofford & Thorndike of New York, Inc., the engineers who have prepared plans to redevelop the subject parcel, the revised site plan calls for eight fueling positions (four islands, each with two fueling positions) and a 2,480 square foot Hess Mart. At present, the site contains 12 fueling positions (three islands, each with four fueling positions) and a 416 square foot building that provides, retail space and restrooms. Although the proposed building is almost six times the size of the existing building, only about 1,032 square feet will be devoted to retail or sales space, the remaining area will be comprised of office space, handicapped accessible restrooms, cooler area, freezer area and storage. -6- It should be noted that any potential expansion or change to the existing gasoline service station would require Site Plan Review by the Town Planning Board. During the course of that Site Plan review, the Ptanning Board will be required to initiate a SEQRA review in order to fully assess the potential environmental impacts associated with that specific action. Similarly, should a future owner of the subject parcel decide to change the use on the site to one of the other uses permitted in the General Business (B) Zone, a Site Plan and SEQRA review by the Planning Board would be in order. In their review, the Planning Board should analyze the impacts associated with the specific proposal for which Site Plan approval is sought. The Planning Board is particularly well suited to examine specific items during site plan review including but not limited to, ingress and egress for the subject parcel, site lighting and landscaping. Based on their assessment, the Planning Board can require appropriate conditions needed to minimize any potential impacts. As previously mentioned, the current Zoning Map indicates that areas immediately east, west and north of the subject parcel are zoned General Business (B). The purpose of this zone is "to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways." The General Business (B) zone "is designed to accommodate uses that benefit from large numbers of motorists, need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise." Given the site's location along a major thoroughfare, in an area of existing commercial development outside the Mattituck hamlet center, it would seem that the proposed zone change is consistent with the Town's planning goals and objectives, Certainly, if approved, the change of zone would make the potential use of the site comparable to the uses that are already permitted immediately east, west and north of the subject parcel. -7- Traffic Generation Since the subject parcel is ill-suited for conversion to the more intense traffic generating uses permitted in the General Business (B) District, it is unlikety that the proposed change of zone from Marine 1 (M1) District to General Business (B) District will result in a substantial increase in traffic generation on the subject parcel. As mentioned previously, the parcel's size and sanitary flow constraints would limit it's potential redevelopment to the comparatively less intense uses permitted in the General Business (B) Zone, like offices, banks, retail stores, personal service shops, art galleries, artists and craftmen's workshops and service stations. At present, the service station has twelve fueling positions and some minor retail use at the site. Items are generally limited to cigarettes, automotive products (oil, windshield fluid, etc) and soft drinks in cases. There is no automotive repair component in the existing use. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, includes average trip generation rates for gas stations without convenience stores as well as gas stations with convenience stores. A gas station without a convenience store is expected to average 168 trip ends per fueling station over a 24 hour period. A gas station with a convenience store would actually generate trips at a slightly lower rate. Over a 24 hour period, the rate is 163 trip ends per fueling station. The lower rate for a gas station with a convenience store may seem to conflict with what one would naturally presume. However, the inclusion of a convenience store increases stightly the amount of time that the average customer will spend on the site. As mentioned above, the trip rates are time based. Consequently, the fact that customers may be spending slightly more time on site will act to reduce the number of vehicles entering and exiting the site over a defined period of time. -8- It should be noted that not all of the traffic associated with the redeveloped site will be new traffic added to the adjacent roadway system, Certainly the traffic generated by the existing service station has to be taken into account. Additionally, uses such as retail establishments banks, gas stations and convenience stores attract patrons from the passing stream of traffic. The pass-by trip comes directly from the traffic stream passing the facility on the adjacent street system and does not require a diversion from another roadway. According to the "Trip Generation Handbook, An ITE Proposed Recommended Practice", approximately 47% to 62% of the peak period trips to the proposed service station/convenience store would be pass-by trips. Therefore, the proposed zoning change and subsequent redevelopment of the site is not expected to result in a significant increase in peak period trips. The subject parcel has substantial frontage on Main Road (S.R. 25). Main Road is one of the principal arterial roads in the area. The roadway is improved with one travel lane in each direction and a turning lane. Site distance in the vicinity of the subject parcel is adequate. Given the current usage of the site, the proposed change in zone is not likely to have a significant impact with regard to traffic generation. Soils and Topography The Suffolk County Soil Survey (Warner 1975) classifies the soils on site as Cut & Fill land, gently sloping (CUB). The site ds relatively flat. According to the Suffolk County Department of Public Works Topographic Maps, elevations on the site range from about 11.5 feet in the nodhwesterly portion of the site, near the intersection of Main Road and Bay Avenue, to slightly less than 10 feet in the southerly portion of the site. Horizontal slopes across the site are 0-5%. The property contains no significant landforms or geologic features. -9- Water Resources Groundwater in the vicinity of the subject parcel is approximately 3 feet above mean sea level. Given the site's proximity to James Creek, it is likely that groundwater elevation fluctuations are at least partially influenced by the tide. The relatively shallow depth to groundwater may affect the installation of sanitary systems on the site, further acting to limit the type of potential uses that could be permitted if the proposed change of zone to General Business (B) District is approved. The existing gas station contains three 10,000 gallon double walled storage tanks. These existing tanks will remain. No increase in the storage of fuel is proposed. The proposed redevelopment of the site includes new tank tops and a new concrete pad and new product piping, vapor piping and monitoring facilities. All proposed work is proposed to be in accordance with Suffolk County Department of Health Services requirements. Summary The proposed change of zone from Marine 1 (M1) District to General Business (B) District would diversify potential uses on the site. However, parcel size, other zoning constraints (parking and loading requirements) and Suffolk County Department of Health Service requirements would all serve to limit the intensity of the types of uses that the site could physically accommodate. For the most part, potential uses would be comparable to, or less intense than, the existing gasoline service station use. The subject parcel does not have any significant environmental features that would limit potential development under the provisions of the General Business (B) Zone. According to the Town Zoning Map, significant areas immediately east and west -10- of the subject parcel and on the opposite side of Main Road from the subject parcel are currently zoned General Business (B). The proposed zone change would make the zoning on the subject parcel consistent with that on adjacent properties along Main Road. The site is improved with a gasoline service station. It is unlikely that any potential uses on the site would significantly increase wastewater generation, water usage or traffic generation over current levels. Site distance along Main Road (S.R. 25) is adequate in the vicinity of the subject parcel. The change in zone is not anticipated to cause a meaningful increase in the amount of traffic generated by the site. Therefore, no significant impact to the surrounding roadways are anticipated. The proposed change in zone would also serve to convert the non-conforming gasoline service station to a conforming use. This review has been conducted for the benefit of the Southold Town Board. It includes certain facts discernible from the application and readily available references, and it presents our professional opinion on the potential for significant environmental impacts attributable to the proposed action. Respectfully submitted, John J. Raynor, P.E., L,S. 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 litde 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. 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 r'qPart 3 upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other suppor[ing information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: MA. The project will not result in any large and important impact(s) and, therefore, is one which not have a will 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 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 Change of Zone for a parcel owned by the Amerada Hess Corporation from Marine (M1) to General Business (B). Name of Action Town Board of the Town of Southold Name of Lead Agency Joshua Y. Horton Print or T~pe~Jame of Responsible Officer in Lead Agency Sign~ure of Res[5onsible Of~c~r in Lead Agency Supervisor of the Town of Southoid Title of Responsible Officer website Signature of Preparer (If different from responsible officer) June 24, 2003 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, Pads A through E. Answers to these questions will be considered as pad 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 fall 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 Change of Zone for a parcel owned by the Amerada Hess Corporation from Marine (MI) to General Business ( Location of Action (include Street Address, Municipality and County) The site is located on the southeast corner of the intersection of Main Road (S.R. 25) and Bay Avenue in Mattituck. Suffolk County Tax Map No.: 1000-122-3-10 Name ofApplicant~Sponsor Amerada Hess Corporation Address I Hess Plaza City / PO Woodbridge State NJ Zip Code 07095 Business Telephone (732) - 750 - 6192 Name of Owner (if different) Address c~ty / PO Business Telephone State Zip Code Description of Action: The applicant has submitted a change-of-zone application to the Southold Town Board In order to eliminate the non-conforming status of an existing gasoline service station in anticipation of the razing and rebuilding of the improvements on the site. At the present time, the site is zone Marine t. The applicant has requested a change to General Business (B). 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 F'lFnrest I--1A ricu,ture []Otbar Residential (suburban) ~ Rural (non-farm) Total acreage of project area; 0.52 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) Landscape PRESENTLY AFTER COMPLETION 0.036 acres acres acres acres __.acres __ acres acres __ acros acres acres 0. ! 0 acres acres 0.384 acres 0.42? acres acres 0.093 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: F~Well drained __ r']Poorly drained __ ~ Plymouth loamy sand (PLA) & Cut & Fill (CUB) % of site [] Moderately well drained % of site. % of site Classification System? N/A acres (see I NYCRR 370). Are there bedrock outcroppings on project site? [] Yes [] No 4. a. What is depth to bedrock N/A (in feet) 5. Approximate percentage of proposed project site with slopes: F']0-10% % r'~lO. 15% % F115% or greater__ 6. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land % Is project substantiai~ontiguoua to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes [] No []Yes []No [~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? ]0'± (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? Identify/each species: DYes []No 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? r']Yes []No Describe: 1 3. Is the project site presently used by the community or neigi~borhood as an open space or recreation area? E'~ Yes I~INo If ~/es, explain: 14. Does the present site include scenic views known to be important to the community? E]Yes 1 5. Streams within or contiguous to project area: I N one a. Name o¢ Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: NOlle 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 b. If YES, will improvements be necessary to allow connection? ]No []Yes F"INo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? E~]Yes []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 6177 E]Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. Project Description I. Physical dimensions and scale of project (fill in dimensions as appropriate). a, Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: 0,528 acres initially; c. Project acreage to remain undeveloped: None acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. __ f. Number of off-street parking spaces existing __ g. Maximum vehicular trips generated per hour: h, If residential: Number and type of housing units: One Family TWO Family Initially UItimately i, Dimensions (in feet) of largest proposed structure: ]9 height; j, Linear feet of frontage alon9 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 E~No [] N/A a. If yes, for what intended purpose is the site being reclaimed? Landscaping E]Yes [~]No 0.528 acres, 0.528 acres ultimately, 100 % 6; proposed 9 107 (upon completion of project)? Multiple Family 41 width; 150 fit, 200CY tons/cubic yards Condominium 60 length. b. Will topsoil be stockpiled for reclamation? []Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.0! acres Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes ~No 6. If single phase project: Anticipated period of construction: 4 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated 2 (number) b. Anticipated date of commencement phase 1: 10 month 2003 year, (including demolition) c. Approximate completion date of final phase: 2 month 2004. year. d. is phase 1 functionally dependent on subsequent phases? ~ Yes ~ No Will blasting occur during construction? [] Yes [] No Number of jobs generated: during construction 30; after project is complete 9. 10. Number of.jobs eliminated by this project Nooe 11. Will project require relocation of any projects or facilities? r~ Yes if yes, explain: ~No 1 2. Is surface liquid waste disposal involved? [~ Yes r~ No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type Sanitary - 300gpd 1 4. 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? F~] Yes [] No a. If yes, what is the amount per month7 0.25 tons ] pp; month ] b. If yes, will an existing solid waste facility be used? [] Yes [] NO c. If yes, give name Cutchogue Landfill ; location Cutchogue, NY Will any wastes not go into a sewage disposal system or into a sanitary landfill? r'-lYes [] No Page 6 of 21 e. If yes, explain: 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? r"lYes [~]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? r~ Yes ~'l No 21. Will project result in an increase in energy use? r~ Yes [] No If yes, indicate type(s) Electricity & gas. 22, If water supply is from wells, indicate pumping capacity ~/A gallons/minute. 23. Total anticipated water usage per day ~00 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 Architec~ral Review Zone Change Site Plan Sanit. Waste & Haz. Mat. NYSDOT - Curb Cut Submittal Date City, Town, Village Planning Board []Yes ~--] No City, Town Zoning Board [~Yes r-'l No city, county Health Department [] Yes r"] No Other Local Agencies r7"1 Yes [] No Other Regional Agencies ~'l Yes [] No State Agencies ~Yes [] No Federal Agencies r-'l Yes [] N o Zoning and Planning Information Does proposed action involve a p~anning 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"~ Other Page 8 of 21 2. What is the zoning classification(s) of the site? Marine 1 3. What is the maximum potential development of the site if developed as permitted by the present zoning? I 20% coverage 4. What is the proposed zoning of the site? IGeneral Business 5, What is the maximum potential development of the site if developed as permitted by the proposed zoning? I 30% Coverage 6, Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes F"~No 7, What are the predominant land use(s) and zoning classifications within a V4 mile radius of proposed action? General Business, Marine 1, Residential/Office and Residential 8. Is the proposed action compatible with adjoining/surrounding land uses with a V4 mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? r~Yes [] No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? r~Yes []No a. 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 ]Yes [] No 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 Kevin Papasian of Fay Spofford & Thomdike for Amerada tless Date 3-1-01 Signature Title Project Manager 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 exped environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possibie 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 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. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be eva~uated 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 theYes 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 [] [] Examples that would apply to column 2 o 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 t 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. Pagellof21 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.) Specific land forms: [] [] [~___] Yes ~-=1 No [] [] E'] Yes [--'~ No [] [] ~Yes r']No [] [] lC]Yea r"'luo 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 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: Will Proposed Action affect any non-protected existing or new body of water? 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: [] [] r-]Yes []No [] [] •Yes F"I No [] [] []Yes []No [] [] []Yes r-]No [] [] •Yes ['"~ NO [] [] []Yas [] [] []Yaa [] [] []Yes ]No Page 12 of 21 Will Proposed Action affect surface or groundwater quality or quantity? I INo r-lYEs 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 wilt 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 wil~ require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services, Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities, Other impacts: 1 Small to Moderate Impact 2 Potential Large impact 3 Can impact Be Mitigated by Project Change E]Yes E]No []Yes r""'l No F'~ Yes ~No E~Yes E~]No r-'lYes E~No F1Yes E3No ¥es E]No E~]Yes [] No E%s r-l.o ]Yes [] 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: I IMPACT ON AIR Will Proposed Action affect air quality? 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: [] ~Yes ~No [] r-]Yes r-]No [] ~Yes r='l No [] E~Yes [] r~Yes r~'=l N o [] E~Yes r'~No [] r'="] Yes ~No IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? 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 r--]No Page 14 of 21 Remova~ 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 Small to Potential Moderate Large impact Impact 3 Can Impact Be Mitigated by Project Change E~Yes r~No r~Yes r'~No E]Yes []No 9. Will Proposed Action substantially affect eon-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: IuPAcT ON AGRICULTURAL LAND RESOURCES "' 10. Wil[ Proposed Action affect agricultural land resources? Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural 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 r-]No [] [] [] es I--1No [] [] E3 es []No ]Yes [] No E~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). Qther impacts: IMPACT ON AESTHETIC RESOURCES 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] []Yes •No [] [] •Yes •No 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) E×amplee 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: [] [] []Yes •No [] [] F'"~ Yes []No [] [] DYes []No [] [] []Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? 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. [] [] [] [] [] [] ]Yes [] No []Yes []No I-I Yes []No Page 16 of 21 Other impacts: IMPACT ON OPEN SPACE AND RECREATION Will proposed Action affect the quantity or quality of existing er future open spaces or recreational opportunities? 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: 1 2 Small to Potential Moderate Large impact Impact 3 Can Impact Be Mitigated by Project Change r']Yes r'~Ho r"~Yes [] No C~Yes []No 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)? 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: r"lYes r~No r~Yes E~]No r'"~ Yes []No E]Yes []No []Yes E~]No Page 17 of 21 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? []No DYES 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 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] r-~ Yes []No [] []Yes []Ho [] r-l~es r'l.o IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [] No r-lYEs 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 mere than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: [] [] [] []Yes E]No [] []Yes I-INo [] []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: I [] [] [] [] [] r~Yes E]No [] •Yes [3No [] •Yea []No [] •Yas E]No [] •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? Fl¥[s 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 disposaJ of solid or hazardous waste. Other impacts: [] [] [] [Yes E]No [] m]Yes [] []Yes ~No [] []Yes •NO [] []~es []No I IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ~No I-l¥~s 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,) [] BYes [] []~es E],o [] r'lves rq~o [] [Yes [].o [] []-]Yes r-]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: 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] ~Yes [] ~Yes I--1~o [] [] C~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 regiona~ 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 ~ 330 E. Legion Ave Mattifuok, NY 11952 631-298-4934 ph 631-298-1635 fax Dinnigan@optonline.net March 9, 2003 Town Board - Town of Southold 53095 Rt. 25 P.O. Box 1179 Southold, NY 11971 RE: Amerads Hess Corporation Zoning Appeal RECEIVED I~,AR 1 1 2003 Southold Town ClerJ I am writing this letter to register my opposition to zoning changes under consideration for Amerada Hess to enlarge their operations at the corner of Bay Ave and Main St. in Mattituck. I oppose such a zoning change based upon several factors, which include its subsequent environmental impact, traffic congestion and hazardous materials. Environmental Impact: Primary concerns are preservation of water quality so as to sustain the shellfish resource and maintaining the environmental health of James Creek. The impact of increasing a facility that requires increased waste management and increased storage capability of flammable materials must be studied before consent. Traffic Congestion: The addition of a busy gas station and larger convenience store with it's inherent frequent stop and go traffic located on a main road which was not built to handle such pressures will not only increase congestion but accidents. Noise: The summer months see an increased population which in turn hosts numerous parties, civic outings, beach traffic and an influx of younger people which may very well flock to a business open 24 hours a day. Couple this traffic and noise in a residential area and many of local taxpayers are bound to become very angry. Known Hazards: Immediate concerns regarding enlargement of the Hess site deal with its storage of hazardous materials and adjacent properties such as the Marina and Mattituck Plumbing & Heating storage of hazardous materials. An accident on Rt. 25 at the same intersection not long ago illustrated these concerns when a minivan hit an oncoming oil tanker, which exploded and narrowly missed igniting the rest of the stored materials. Several streets were evacuated for many hours while the volunteer crews put out the blaze. Thank you very much for allowing me to express my views on the above matter. Cc: Joe Finora GREGORY F. YAKABOSKI TOWN ATTORNEY PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY O SHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 e-marl: aq-e~ vakaboski~ town,southold.ny.u s patricia.finnegan(~Ctown.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Patricia A. Finnegan, Esq. Assistant Town Attorney January 29, 2003 Amerada Hess - Change of Zone Attached is a memorandum dated January 21,2003, with attachments, from Valerie Scopaz regarding the Amerada Hess change of zone application. As you may recall, the applicant seeks to change the zone from Marine (M-1) to General Business (B), in order to make improvements to the gas station, which is a pre-existing, non-conforming use. Once Raynor has provided a revised SEQRA report, the report will be referred to Planning for their final report, and the matter will be listed for a public hearing. The applicant is very anxious about the status and has been calling me regularly inquiring about the same. If you have any questions or comments, please contact me. Pat PAF/md attachments CC: Elizabeth A. Neville, Town Clerk w/o attachments Valerie Scopaz, Town Planner w/o attachments GREGORY F. YAKABOSK1 TOWN ATTORNEY PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY )SHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 e-mail: m'e~.vakaboski~ town.southold.ny.us patricia.finnegan(¢town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 29, 2003 John J. Raynor, PE & LS, PC Deerrield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Re: Amerada Hess - Chan.qe in Zone Application Dear Mr. Raynor: Enclosed please find a copy of memorandum from Valerie Scopaz, Town Planner, dated January 21, 2003 (including attachments), with respect to the Environmental Assessment Review you prepared in the above captioned matter. Please conduct the requested research giving your consideration to the comments of Ms. Scopaz, and prepared a final draft of your report for review by the Town Board. Please do not hesitate to contact me if you have any questions or concerns. V?e~, truly yours, Patricia A~nne~an, E~q. Assistant Town/Attorney PAFC. m¢.~ eno. cc: Southold Town Board w/o eric. Town Clerk w/o enc. Town Planner w/o enc. Page 1 of 1 Neville, Elizabeth From: Scopaz, Valerie Sent: Tuesday, January 21, 2003 8:38 AM To: Neville, Elizabeth Subject: RE: Amerada Hess change of zone Betty, I will send Pat Finnegan a memo today on this. She and I talked about it last week....and with everything else that was going on, I did not get to the memo. Valerie ..... Original Message ..... From: Neville, Elizabeth Sent: Friday, January 17, 2003 2:24 PM To: Scopaz, Valerie Subject: Amerada Hess change of Zone apl. Yah Do you have anything new on this? Please advise. Thank you. Betty 1/21/2003 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 23, 2002 Eugene L.DeNicola, Esq. Attorney at Law Heritage Bldg., 200 Railroad Avenue Post Office Box 68 Sayville, New York 11782 Dear Mr. DeNicola: Please be advised that the Town of Southold has been billed in the amount of $1,098.75 by John J. Raynor, Consultants for the environmental review work on the Amerada Hess change of zone application. There has been further review requested of the consultant by the town. However, at this time we request that you reimburse the Town in the amount of $1,098.75. I will notify you of any further charges when I receive them. Thank you. If you have any questions, please do not hesitate to contact me at 765-1800. Very truly yours, Elizabeth A. Neville Southold Town Clerk Page 1 of 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday, October 03, 2002 2:48 PM To: Finnegan, Patricia Subject: FW: Amerada Hess C of Z Pat: I just received this reply from Valerie on the Amerada Hess. She didn't send it, the Town Attorney didn't send it, and I didn't. I don't even have a copy of it, may I have a copy? So, I guess we go back to the Town Board with it?. Betty ..... Original Message- .... From: Sc-opaz, Valede Sent: Thursday, October 03, 2002 2:43 PH To-' Neville, Elizabeth Cc: Kalin, Carol; Rudder, Barbara Subject-' RE: Amerada Hess C of Z Betty, I have no idea if the Town Board read my recommendation that his report be sent back to him for further work. I was not at the meeting when this was discussed, if it was discussed. Perhaps you should put it back on their agenda.....to ask them if they would advise you how they wish to proceed?. In the meantime, the bill should not be paid until the TB is happy with the report. Valerie ..... Original Message- .... From,' Neville, Elizabeth Sent: Thursday, October 03, 2002 2:21 PM To.- Scopaz, Valede Cc: Kalin, Carol; Rudder, Barbara Subject: Amerada Hess C of Z Val: I have an invoice here from John Raynor P.E. consultant that did the review on the above change of zone application. It's a reminder of balance due from 8/2102. My question is '~vas his report referred back to him for further questions and review"??? Bedy 10/3/2002 RECEIVED 2003 $oulholcl Town ClerJ Mr. Jim Klein 485 East Legion Avenue Mattimck, NY 11952 March 6, 2003 Dear Sir: We are opposed to the building of a convenience store and increasing the number of gasoline pumps on Amerado Hess Corp. presem property. The close proximity to James Creek is too dangerous, in case of gasoline spills. The traffic to the store and pumps would create a fantastic mess. We live on East Legion Avenue, across the James Creek from the present Hess station. Please stop this before it gets started. Thank you, RECEIVED FEB 1 3 200~ Southold Town Clerl~ February 10, 2003 P.O. Box 1083 2124 Bay Avenue Mattituck, NY 11952 T~ Members, Town Board Southold Town P.O. Box 1179 Southold, NY 11971 Dear Members: I am writing to express my strong opposition to the application filed by Amerada Hess to seek a zoning variance in order to construct a convenience store at its Bay Avenue/Main Road, Mattituck location. As anyone who lives on or near Bay Avenue can attest, the interference in the traffic pattern caused by the installation of a traffic light at the Factory Avenue/Main Road intersection a few years ago has resulted in an enormous increase in the amount of backed up traffic on the Main Road and the near impossibility of making a left turn off Bay Avenue. The assumption that this intersection can sustain any increase at all in the amount of traffic is ludicrous; the belief that it could accommodate the amount of traffic caused by a convenience store is beyond reason. If the traffic problem weren't enough to halt this proposal in its tracks, the fact that there is already a convenience store (Handy Pantry) a short distance East and a grocery store (Waldbaum's) an even shorter distance to the West, should. I urge you to deny any attempt by Amerada Hess to upgrade - in any way - its operation at this location. Thank you for your consideration. /ct Sj~erely, ~ , Carla Timpone Neville, Elizabeth From: Sent: To: Cc: Subject: Scopaz, Valerie Thursday, February 06, 2003 11:19 AM Finnegan, Patricia Pat, I just received the certified mail from Hess requesting information on groundwater supply wells in the vicinity of the gas station. I am assuming the Town was copied on this letter because we own Bay Avenue as I am not aware of any other town-owned properties near the Hess station. But, then again, I don't know how many feet from the Hess property the inquiry extends. I am not aware of any town-owned irrigation or drinking water wells located within the Bay Avenue right-of-way. However, perhaps the Highway Superintendent, the Mattituck Fire Department and the Suffolk County Water Authority should be notified in the event that any of those agencies have a well (irrigation, fire or drinking) within proximity of the Hess Station. Valerie AMEI AnA HESS OORPORATION 732-750-6000 732-750-6105 (FAX) 1 HESS PLAZA WOODBRIDGE, NJ 07095-0961 CEM;D Januaw 24,2003 Town of Southold or Current Properly Owner 907 Bay Avenue Mattituck, New York 11952 VIA: CERTIFIED MAIL # 7000 1670 0012 2877 2426 RETURN RECEIPT REQUESTED JAN 3 1 2003 Southold i'ow ', Re: Groundwater Usage in the Mattituck Area 907 Bay Avenue Dear Property Owner: Amerada Hess Corporation (Hess) is conducting a groundwater investigation in the area along Bay Avenue, E. Legion Avenue, and N. Riley Avenue in Mattituck, New York. As part of the investigation, Hess is required by the New York State Department of Environmental Conservation (NYSDEC) to research groundwater usage of neighboring properties. Please return the attached questionnaire to confirm whether your property does or does not utilize an irrigation or drinking water supply well. If you have any questions, please contact Meagan Gabe of Quantum Management Group, Inc. at (609) 259-4091 or the undersigned at (732) 750-7068. Thank you for your cooperation in this matter. Sincerely, Dawn M. Johnson Manager, Refining and Marketing Remediation Enclosure CC: Brian Austin, NYSDEC Region I (w/ Enclosure) Mike .Sherwood, Shaw (wi Enclosure) Meagan Gabe, Quantum Management Group (w/o Enclosure) Town of Southold, 53095 Route 25, Southold, NY 11971 S:\New York Sites\Region l\32481\DocumentsL32481 potable well survey letter.doc Groundwater Usage Queslionnaire Properly Owner: Address: Is ~I in use? Depth of Well Dale of Installation Telephone: Does property have an irrigation well? Is it in use? , If no, when was the last date of use? What is your approximate annual usage of water from this well? Depth of Well , Amount of Well Screening Da:e of Installation Are the installation records (well log) available? Name of irrigation company that services system Does property have a well used for drinking water or other household uses? . If no, when was ~he last date of use? . Amount of Well Screening ~'e t,he ,nslaIlat,on records (well log) avadable? I';~,.~ of company that services system P~ease desc. nbe any problems you may have had in the last year with your well system or with t~e qualily of the water in your system. $ '~e.~ York S~les~eG;on 1L32481~cumen~LSu~ey Document.doc VA LERI~. 8COPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Confidential Interoffice Memorandum To: From: Re: Date: Elizabeth Neville, Town Clerk ~'/...aJ~ Valerie Scopaz, AICP, Town Planner Environmental Assessment Review - Amerada Hess Corporation January 21, 2003 I have reviewed the revised EAF and my prior memorandum on this subject of June 27, 2002, attached, and, again, find inconsistencies that suggest that it should be returned to the environmental consultant for revision. The inconsistencies are noted below: Page 2: The subject parcel is listed as being in an area that is a transition between the "Mattituck hamlet center and less intensely developed commercial properties that exist to the west." No explanation is provided as to why the properties to the west are considered to be "less intensely developed" than the properties to the east. Page 3: The proposed underlined text assumes that the loss of slightly more than half an acre of marine zoning is not significant, but fails to inform as to the percentage of the total MI zoning represented by this half acre. The Town has a very limited amount of Marine zoning and given the Town's stated policy (in the LWRP) of maintaining access to the waterfront, any reduction of that access through a change of zone requires close examination. Page 3: Also, in this proposed paragraph the argument is made that the subject parcel's lack of actual frontage on the water negates the value of the marine zoning. This argument assumes that boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers (all permitted uses within the MI zone) require waterfront property. The fact that three marine sales and display businesses (two of which also do engine repair) are located in close proximity on this same stretch of road (none of them on the waterfront) suggests otherwise. Page 4: The analysis of why permitted within the proposed primary justification. The anal' potential impact to this interse, the proposed square footage [he site is unsuitable for most businesses 3 district uses water supply factors as its fsis fails to include consideration of the ~tion of increased traffic that may result when 2,480) is increased nearly six-fold over the existing square footage (416) and the number of fueling stations is increased from6 to 8. Page 4: Paragraph 5 states ti' Planning Board will be require assess the potential environm~ action." I strongly recommend changing the zone. Once the mitigate potential environment Town Board's ability at this st~ Page 4: Paragraph 6 indicate,~ expand the gas station use, th review whatever proposed us( recommend that the Town Bo~ changing the zone for whatevl compatible with the Town's Ior ~at "During the course of site plan review, the :1 to initiate a SEQRA review in order to fully ntal impacts associated with that specific [hat the Town Board take this hard look before :one is changed, the Planning Board's ability to ~1 impacts will be significantly less than the e of the review. hat if the property owner decides not to ~ Planning Board would have the authority to might be put forth at that time. I strongly 'd assess at this point in time whether r use is allowed within the B district is ;]-term planning goals and objectives. Page 5: The traffic generationlanalysis would benefit from data available from the NYS Department of TIansportation about existing traffic counts and the projected growth of that count within this area. Page 6: There is no discussion about the potential environmental danger implicit in increasing the storage and use of petroleum-based fuels on a site located approximately 50 feet from surface water and 3 feet from groundwater. Given the strong stance the Town Board has taken on the importance of protecting its fragile water resources, an action to increase the potential damage to those resources must be looked at very carefully in the EAF. Page 7: The second paragraph states that "It is unlikely that any potential uses on the site would significantly increase wastewater generation, water usage or traffic generation over current levels." The draft EAF does not appear to provide sufficient quantitative information in support of that statement. I recommend further research and revision before acceptance of the draft EAF. ELIZABETH A. NEVILLE TOWN CLEHII REGISTHAH OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FI~EEDOM OF INPOB,MATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New.' York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 3, 2003 Georgeann Packard Post Office Box 648 11305 Main Road Mattituck, New York 11952 Dear Ms. Packard: Please be advised that your letter dated January 1, 2003 was received today and distributed to all concerned parties. The Town Board is the governing body that would be voting on the proposal. I have no voting privilege on the Town Board, my role is strictly administrative as the Town' Clerk. If and when a public heating is set on the Amerada Hess change of zone application, it would be advertised in the official Town newspaper which is currently the Suffolk Times. As of February 1, 2003 the official newspaper will change over to and be the Traveler Watchman. Should you have any further questions, please do not hesitate to call my office. Thank you. Very truly yours, Southold Town Clerk Elizabeth A. Neville, Town Clerk Town of Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 RECEIVED JAN ,,~ 2003 Southold Town Cle~ P.O. Box 648 11305 Main Road Mattituck, NY 11952 January 1,2003 Dear Ms. Neville, First off, Happy New Year. We are all hoping for a bright year ahead for the beautiful town of Southold and all its residents and wish you success in your dedicated work at Town Hall. This is my second letter regarding the "supersizing" of the Hess station located on Main Road and Bay Avenue in Mattituck, a stone's throw from our home. After reading the Assessment Review pre- pared for the town Iwhich seems to favor the Amerada Hess Corporation) by Water Mill-based John J. Raynor, P.E. & L.S., P.C., I am yew concerned about the size and nature of the proposed facility and its likely impact on our neighborhood, the business hamlet and James Creek. I list my reasons below: · The area described in the Review as a "transition area" between a highly developed commercial area (Mattituck Plaza) and the hamlet is not accurately named. It is a pad of the business/residen- tial hamlet composed of small businesses and homes on all sides, and is only two blocks from Love Lane. The proposed 2,480 s.f. convenience store and 1,944 s.f. canopy over eighf fueling stations does not reflect the character and size of the hamlet businesses, and would be an eyesore, cast- lng bright lighfs into the surrounding homes and the creek area, especially if this becomes a 24- hour operation (common with Hess super stations). The convenience store would compete with many local businesses run by local residents along Main Road and down Love Lane, all within a quarter mile of the proposed development. This is no small business seeking needed expansion and improvements. This is a New Jersey-based corporation looking for increased revenue at the expense of a Nodh Fork neighborhood. · To think for a second that this supersizing will not impact negatively on a sensitive, over-congested traffic area is ludicrous. The increased traffic generated by a larger, more diverse business over a likely longer period of daily operation will strain both residents and pass-by travelers. And a replica of the proposed station already exists two blocks away, and is serviced by a traffic light at Factory Avenue. No matter what the Hess Corporation may say, there is no need for this upgrade. · The proposed development would be located within 100 feet of James Creek and the addition of more tanks coupled with gasoline runoff and litter on fhis sensitive half acre is environmenfally unwise. With the current Madne 1 zoning, it's questionable whether the current gas station should ever have been allowed there, lef alone encouraged fo bury more tanks. From everyone I've spoken to, it's clear that local residents and merchants do not want this over- sized operation in their community. Please proceed with caution when reviewing the request for zoning change and plan approval. Wauld you want this business in your neighborhood or on your creek? We request that you consider the wishes of the community, those who must live everyday with the results of your actions. ~ff/~ ~"Sincerely, C~eorgeann Packard cc: Joshua Horton, Supervisor Valerie Scopaz, Town Planner ANDI~ D~NICOI~ EUGENE L. DILNICOLA December 20, 2002 RECEIVED %uthold ]'own Clad Office of the Town Clerk Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Att: Elizabeth A. Neville, Town Clerk Re.' Amerada Hess Corporation Application for Change of Zone Premises: s/e/c Rte. 25 & Main Road, Mattituck Dear Ms. Neville: I refer you to my November 14th correspondence, enclosing an Amerada Hess check payable to the Town of Southold for $1,098.75, representing reimbursement for environmental review work by John J. Raynor, P.E. My correspondence requested a receipt for such payment, which has not been received. It would be appreciated if you could forward the appropriate receipt to my office evidencing the foregoing reimbursement to the Town. Thank you for your courtesy an~d cooP.eration herein.~ (- GREGORY F. YAKABOSKi q}OWN ATTORNEY KATI~LEEN MURRAY ASSISTANT TOWN ATTORNEY PATRICIA A. F{NNEGAN ~SSISTANT TOWN ATTORNEY JOSHUA Y, HORTON Supervisor Town Hall, 53095 Route 25 P~O~Bo~ll~79 ~ Southold~ New York 11971-0959 [~elephone (63D 765-1939 e-mdil: ~eg,yakaboski@f, own,soul;hold, ny,us kathleen,murray~to~m.s outhold, ay.us pah'icia.finnegan@tow~.southold.ny,as OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Supervisor Herren Town Board From: Patricia A. Finnegan, Esq. Assistant Town Attorney Date: November 21, 2002 Re: Change of Zone Applications The following is a monthly status on the pending change of zone applications. Amerada Hess - In October, I forwarded Val Scopaz's 6/27/02 memo to John J. Raynor, the consultant performing the SEQRA review for the Town. We have received a revised SEQRA report from Raynor. I have met with Val, who believes the report may have some deficiencies and she is preparing a memo with comments on the report. I have received several calls from the attorney representing Hess inquiring as to the status, as well as from a neighbor of the gas station. Both have been advised that the SEQRA process is moving along. (Attached is a:copy of the revised SEQRA report) ! '~i ew~ Ma Tine, Inc. -tri,AH_ ~.rvject in Greenport) - With SEQRA complete, applicant withdr the application by letter dated November 15, 2002. No explanation is given in the letter//' (Copy attached). ! Mattituck Housing/Factory Avenue (AHD)-- I am attaching a copy of my letter to Cathy Mesiano dated October 15, 2002 requesting additional information. I have not heard from Ms. Mesiano in response to this correspondence. Further, the Town Board received a memo from Jim McMahon dated November 13, 2002, indicating that a new application will need to be submitted to the NYS Affordable Housing Corporation to secure funding for the project. No request for moratorium waiver has been filed by the applicant, nor have they moved forward on providihg informatibn requested pursuant to SEQRA. -over- :!': i Q~ad Enterprises - no-activity~his ii~oi~th-(~py~Yrny ,,,u,.u dated 10f2~ indicating present status.) DBM Co. - no activity this month (see copy of my memo dated 10/21/02 indicating present status) Peconic Design and Construction - no activity this month {see copy of my memo dated 10/21/02 indicating present status) Estate of Grace Edson - no activity this month (see copy of my memo dated 10/21/02 indicating present status~ Skrezic--hearing held 10/22/02, zone change approved. If you should any questions concerning the above matters, please give me a call. Pat PAF/md Attachments CC: Elizabeth A. Neville, Town Clerk Valerie Scopaz, Town Planner Phone: (631) 726-7600 Patricia A. Finnegan, Esq. Assistant Town Attorney Town of Southold Town Hall, 53095 Route 25 P. O. Box 1179 Southold, NY 11971-0959 Job: SEQRA Review No: 1647 Date: October 21, 2002 Hand Delivery Pick Up Ordinary Mail · UPS Overnight Messac~e: Pursuant to your letter of October 10, 2002, enclosed is a revised draft Environmental Assessment Review. This report has been revised in response to the comments in the memorandum by Valerie Scopaz, Town Planner. You will notice two final drafts. One final draft is on tan paper. The revisions are in bold typeface and underlined, to facilitate review. The final draft on white paper has plain typeface. Please review the revised final draft at your earliest convenience and supply us with your comments, as our office would like to complete this project as expeditiously as possible. If you have any questions, please call. Signe~ Joseph Lornbardi Deerfield Green Montauk Highway P.O. Box 720 Water Mill, New York 11976 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL ANi) PLANNING CONSIDERATIONS AlV~RADA RESS CORPORATION - MATIITUCK Prepared for: Prepared by: Date: Elizabeth A Neville, Southold Town Clerk Town of Southold Town Board, Town Hall 53095 Main Road Southold, New York 11971-0959 John J. Raynor, P.E. & LS., P.C. Deerfield Green, 860 Montauk Highway P.O. Box 720 Water Mill, New York 11976 March 13, 2002 Revised: October 21, 2002 The Town of Southold Town Board has retained John J. Raynor, P.E. & L.S., P.C. for consulting services in the review of the above referenced application. The proposed action involves a change of zone from Madne 1 (M1) Distdct to General Business (B) Distdct on a 0.528 acre parcel of land located in Mattituck, The site is improved with a pre-existing, non- conforming gasoline service station. The change of zone application is an effort to have the zoning on the site more appropriately match the existing use. It would also serve as a precursor for a site plan application to raze the existing service station and build a new 2,480 s.f. Hess convenience store, 1,944 s.f. canopy, four new dispensing islands, upgrade the existing tanks and new landscaping. This document analyzes the site and the potential impacts associated with the proposed change of zone. In addition, the site has also been inspected for environmental/planning constraints. Location and Site Overview The project site is located on the southeast comer of the intersection of Main Road (S.R. 25) and Bay Avenue, just west of the Mattituck hamlet's central businesS district, Town of Southold, County of Suffolk. The subject parcel is more particularly described as Suffolk County Tax Map parcel number 1000-122-3~10. The parcel contains 150 feet of frontage on Main Road (S.R. 25), an improved State maintained roadway and 140 feet of frontage on Bay Avenue, and improved Town maintained roadway. As previously mentioned, the site is currently improved with a gasoline service station. James Creek, a tidal creek that provides access to Peconic Bay, is located on the parcel immediately south of the subject parcel. However, the subject parcel does not appear to contain either wetlands or other environmental sensitive features. Additionally, according to the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) "Circles and Squares Map", the site does not appear to be located in a known archaeologically sensitive area. Proposed Action The proposed action involves a change of zone from Madne 1 (M1) District to General Business (B) District on a 0.528 acre parcel of land located in Mattituck. The site is currently improved with a pro-existing, non-conforming gasoline service station. The change of zone application is an effort to have the zoning on the site more appropriately match the existing use. The proposed change of zone is a Unlisted Action pursuant to SEQRA. Coordinated review is optional. The Town Board has assumed Lead Agency status for the purpose of SEQRA review. The Suffolk County Planning Commission, on 10/4/2001, determined that the proposed action was a matter of Local Determination. The Suffolk County Planning Commission is only an ',interested party" pursuant to SEQRA. Land Use and Zoning The subject parcel is located in along the major thoroughfare (Main Road a.k.a.S.R. 25) in an area that serves as a transition between the Mattituck hamlet center and less intensely developed commercial properties that exist to the west. According to the Town Zoning Map, the subject parcel and the two parcels south of it are zoned Maride 1 (M1) District. This is the only area of M1 zoning in the vicinity of the project. 2 The purpose of M1 Zoning is to "provide a waterfront location for a limited range of water- dependent and water related uses...which require or benefit from direct access to or location in madne or tidal waters but which are located within the town's tidal creeks or natural coves". James Creek is a tidal creek that provides access to Peconic Bay. The two other pamels located in this area of M1 zone have direct frontage on James Creek and are improved. The pamel adjacent to the subject pamel contains a small marina facility. The pamel south of that contains a single family residence. Both of these uses are permitted in the M1 zone. The subject parcel, which has no frontage on James Creek, contains a gasoline service station. This use is not one of the uses permitted in the M1 zone either by right or by special permit. Therefore, the existing service station is a pre-existing, non-conforming use. Furthermore, the lack of direct frontage on James Creek restricts potential conforming uses on the site to either 1) Boat and madne engine repair and sales and display, yacht brokers and madne insurance brokers or 2) Buildings structures and uses owned by the Town of Southold, school districts, park districts and fire districts. If the request for a change of zone is approved, the area of M1 zoning in the Town will be diminished by a little more than half an acre. It is noted that access / to the waterfront and the preservation of marine zoning on the waterfront is an important component of the Town's com_Drehe, nsive plan. However. as stated above, the subject parcel does not have direct access to the waterfront. Given its size and location, the subject parcel is not particularly well suited for the non- // waterfront uses permitted in the M1 zone. The current Zoning Map indicates that areas immediately east, west and north of the subject parcel are zoned General Business lB). The purpose of this zone is '~to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highway. The General Business lB) zone "is designed to accommodate uses that benefit from large numbers of motorists, need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. Gasoline service stations are permitted by a Special Exception in the General Business lB) Zone. The size of the subject parcel (0.528 acres) would preclude its suitability for some of the more intense uses permitted in the G~neral Business (B) Zone. For example, the parcel is simply too small to aCCommodate the spatial requirements for most wholesale business, 3 warehouses, building material storage, food processing and packaging plants, whole and retail sale of nursery and garden materials, fully enclosed commercial recreation facilities and similar permitted uses. Likewise, it may be difficult to construct a viably sized building and also provide required parking and loading facilities for other permitted uses such as restaurants, fraternal or social institutional meeting halls, Auditoriums, theaters, libraries and museums and drinking establishments. Further limiting the potential uses on the site are the Suffolk County Depadment of Health Service regulations with respect to sanitary waste flow. The sanitary design flow is computed using the SCDHS manual "Standards For Approval Of Plans And Construction For Sewage Disposal Systems For Other Than Single Family Residences". The site lies within Groundwater Management Zone IV. Since public water is available, Sewage Flow cannot exceed 600 gallons per day per acre. Given its size (0.528 acres), current requirements limit the amount of sanitary waste generated on the subject parcel to only 316 gallons per day. Based on the above, it would appear that only the comparatively less intense uses permitted in the General Business (B) Zone like offices, banks, retail stores, personal service shops, art galleries, artists and craftmen's workshops and gasoline service stations would be appropriate. It should be noted that any potential expansion or change to the existing gasoline service station would require Site Plan Review by the Town Planning Board. During the course of that Site Plan review, the Planning Board will be required to initiate a SEQRA review in order to fully assess the potential environmental impacts associated with that specific action. Similarly, should a future owner of the sub!ect parcel decide to change the use on the site to one of the other uses permitted in the General Business (B) Zone, a Site Plan and SEQRA review by the Planning Board would be in order. In their review, the Planning Board would analyze the impacts associated with the specific proposal for which Site Plan approval is sought. Based on their assessment, the Planning Board can reouire whatever appropriate conditions they deem necessary to minimize any potential imnacts. 4 Traffic Generation Since the subject pamel is ill suited for conversion to the more intense traffic generating uses permitted in the General Business (B) District, it is unlikely that the proposed change of zone from Marine 1 (M1) District to General Business (B) District will result in a substantial increase in traffic generation on the subject parcel. As mentioned previously, the parcel's size and sanitary flow constraints would limit it's potential redevelopment to the comparatively less intense uses permitted in the General Business (B) Zone, like offices, banks, retail stores, personal service shops, art galleries, artists and craftmen's workshops and service stations. At present, the service station has six fueling stations and some minor retail use at the site. Items are generally limited to cigarettes, automotive products (oil, windshield fluid, etc) and soft drinks in cases. There is no automotive repair component to the existing use. There is no question that the proposed service statior~ with 8 fueling stations and a 2,480 s.f. convenience store can be expected to generate some additional peak period trills. It should be noted that not all of the site-generated traffic will be new traffic added to the adjacent roadway system. Certainly the traffic generated by the existinq service station has to be taken into account. Additionally, uses such as retail establishments banks, gas stations and conven.jence stores attract patrons from the passing stream of traffic. The pass-by trip comes directly from the traffic stream passing the facility on the ad!acent street system and does not require a diversion from another roadway. According to information found in the "Trip Generation Handbook, An ITE Proposed Recommended Practice", approximately 47% to 62% of the peak period trips to the proposed service station/convenience store would be pass-by trips. Therefore, the proposed zoning change and subseauent redevelopment of the site is not expected to result.in a significant increase in peak period trips. 5 The subject pamel is has substantial frontage on Main Road (S.R. 25). Main Road is one of the principal arterial roads in the area. The roadway is improved with one travel lane in each direction and a turning lane. Site distance in the vicinity of the subject parcel is adequate. Given the current usage of the site, the proposed change in zone is not likely to have a significant impact with regard to traffic generation. Soils and Topography The Suffolk County Soil Survey (Warner 1975) classifies the soils on site as Cut & Fill land, gently sloping (CUB). The site is relatively flat. According to the Suffolk County Department of Public Works Topographic Maps, elevations on the site range from about 11.5 feet in the northwesterly portion of the site, near the intersection of Main Road and Bay Avenue, to slightly less than 10 feet in the southerly portion of the site. Horizontal slopes across the site are 0-5%. The property contains no significant landforms or geologic features. Water Resources Groundwater in the vicinity of the subject parcel is approximately 3 feet above mean sea level. Given the site's proximity to James Creek, it is likely that the groundwater elevation fluctuates slightly, with the tide. The relatively shallow depth to groundwater may effect the installation of sanitary systems on the site, further acting to limit the type of potential uses that could be permitted if the proposed change of zone to General Business (B) District is approved. Summary. The proposed change of zone from Marine 1 (M1) District to General Business (B) District would increase the number of potential uses on the site. However, pamel size, other zoning constraints (parking and loading requirements) and Suffolk County Department of Health Service requirements would all serve to limit the intensity of the types of uses that the site could physically accommodate. For the most part, potential uses would be comparable or less intense than the existing gasoline service station use. The subject parcel does not contain any significant environmental features that would limit potential development that is consistent with the provisions of the General Business (B) 6 Zone. According to the Town Zoning Map, significant areas immediately east and west of the subject pamel and on the opposite side of Main Road from the subject parcel are currently zoned General Business (B). The proposed zone change would make the zoning on the subject pamel consistent with that on adjacent properties along Main Road. The site is improved with a gasoline service station. It is unlikely that any potential uses on the site would significantly increase wastewater generation, water usage or traffic generation over current levels. Site distance along Main Road (S.R. 25) is adequate in the vicinity of the subject parcel. The change in zone is not anticipated to cause a meaningful increase in the amount of traffic generated by the site. Therefore, no significant impact to the surrounding roadways are anticipated. The proposed change in .zone would also serve to make the pre-existing non-conforming gasoline service station, a conforming use. The Town Board may wish to consider this information prior to rendering a SEQRA Determination of Significant and a zone change decision. If the issues have been adequately addressed, a Negative Declaration may be appropriate at the Board's discretion. Our firm would be pleased to further review any additional information or provide a recommended Determination of Significance with further input from the Board. 7 BOxl~S 8oulflo~, ~ 11~ 5uuy//o~.a/ zx, ~. //??/ C/--/x~w6 Ex OF $:, -/-~ Co~7 RECEIVED NOV 15 200~ Southold Town Clerk ~ /,/,L/C A /~ o,-/ /l ~ 6 ,e,, 0 OLD GREGORY F. YAKABOSKI TOWN ATTORNEY PAT~(~IA A. FINNEGAN ASSISTANT TOWN ATTOP,2qEY JOSHUA Y. HORTON Supervisor P.O, Box 1179 ' Southoldi New York 11971-0959 q~elephono (63i) 765-1989 e-rna'il: greg,yakaboski@town.southold, ny.us kathleen,murr ay~town.~outho}d, ny,us p a iricia, fi~megan(~town, s ou~hold .ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 15, 2002 Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Application of Mattituck Housing for Change of Zone Dear Ms. Mesiano: As you know, I have been reviewing the file in the above referenced Change of Zone application. Please be advised that the following items are outstanding: (1) Trip generation and traffic impact analysis. This is requested in order to complete SEQRA and has been requested by the Planning Board. (2) Letter of Availability of water service from SCWA. I have received the letter you dropped off in the Clerk's office on 10/2/02, dated September 23, 2002. This has been forwarded to Suffolk County Planning and will be provided to Nelson, Pope and Voorhis. As you know, this letter does not confirm availability, but indicates that SCWA needs to review a SEQRA statement and approvals of the zone change and affordable housing program, before determining availability. (3) In response to Suffolk County Planning's request for information on number of proposed lots, rate schedule, and affordability plan, you provided a letter from Jim McMahon of the Southold Community Development Office. From my review of the letter, I note that Mr. McMabon included informatiPg tt~a¢ the plan calls for 12 homes, half of which are to include accessory apartments. It is my understanding ........ ~_hat~thgApp.l'~a_!~n~ befOre the Town does notinc!ud~ accessory apartments..- Please clarify. (4) Nelson, Pope & Voorhis and the Planning Board have requested that contact be made with the school district to assess impacts/mitigation of additional school-aged children. (5) The NYS OPRHP indicates that a Phase 1 Archaeological Survey is warranted for all portions of the project that involve ground disturbance, unless prior ground disturbance can be documented. This is necessary before a site plan can be approved, which happens simultaneously with a change of zone approval under the Town's Affordable Housing law. Lastly, as you may know, there is presently a subdivision moratorium in effect in the Town of Southold. The temporary moratorium is in effect for six (6) months from August 15, 2002, and provides, in part, that the Planning Board shall not continue review on any application for a subdivision, whether that application was submitted prior to or after the effective date of the law. See Local Law No. 3 of 2002. The law provides for a procedure to apply for a waiver from the effect of the moratorium, at Section 6., if you choose to do so. Accordingly, unless you apply for and are granted a waiver, you should not expect to have the public hearing or a Planning Board recommendation before February 2003. If the above requested information can be provided in the interim, we will endeavor to act on your application as promptly as possible once the moratorium has concluded. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, PF/md cc: Town Board Planning Board Jim McMahon be: Greg Yakaboski GREGORY F, YAKABoSKI TOWN ATTORNEY ~ KA~EEN MURRAY ASSISTANT TOWN ATTORNEY PATRICIA A. F~NNEGAN XSSISTAN~' TOT3JN-A~TTO~,Y - ~ JOSHUA Y. HORTON Supervisor Town Hall, 53095 tt~ute 215 P,O, Box 1179 Sou~hold, New York 1197t-0959 ~elophone (65i) 765-1989 e-mgil: greg:yakaboski@~own sou~hold.ny us kafldeen murray(~town. ~oufl~old.ny,us p atricia.finn egan(a3,to'~,~ ~outhotd ny.us OFFICL OF THE TOWN ATTORNEY TOWN Of? SOUTHOLD To: Supervisor Horton Southold Town Board From: Patricia A. Finnegan, Esq. Assistant Town Attorney Date: October 21,2002 Re: Change of Zone Applications (Non-AHD) The following is a list of all of the pending change of zone applications presently before the Town Board. Amerada Hess - I forwarded a status memo on this on October 15th -- Val Scopaz's memo was forwarded to Raynor on October 10, 2002, for review in conjunction with SEQRA · Skrezic- hearing to be held 10/22/02 · Quad Enterprises - R-80 to HD. Application to construct 126 senior townhouse units on a 31.4 acre parcel between Young Avenue (Railroad Avenue) and Boisseau Avenue, south of Rte 48 in Southold. SEQRA has been commenced and file has been forwarded to Suffolk County Planning for review. They will not perform their review until they have the recommendations of the Planning B°ard, and additional items mentioned in the SEQRA report (SCWA availability letter, density computation, and Archaeological Survey). The Planning Board will not prepare recommendations until after the moratorium has concluded. The Board can consider whether they want the Town Attorney to correspond with the applicant re: the moratorium, to advise the applicant that no further action will be taken on this application until after the moratorium has concluded, and to advise them of the further information needed to complete SEQRA per the report of NPV. · DBM Co. - TWO applications have be~n subrnitt6~-by Richard Israel on behalf of DBM Co., for developments known as Highpoint Pines and Highpoint Landing. Highpoint Pines is designed as an affordable subdivision under the AHD and Highpoint Landing is a senior condominium development under the HD zone. The property is currently zoned R-80. No action has been taken on these applications to date, and they are waiting to be reviewed by the Planning Board and the Town Attorney's Office for completeness. Again, the Board can decide if correspondence sh?_uld~ go out_ to the applicant regard!ng th9 moratorium, 9nd ~decide if they want to begin the SEQRA process now or wait until the moratorium has concluded. It makes no sense to refer the matter to the Planning Board at this time. Peconic Design and Construction - Petition submitted by George Wieser for rezoning from HB and R-80 to HB to allow for the development of an 18-unit retirement community, consisting of 9 semi-detached units. The properly is on the north side of the Main Road, east of Boisseau Ave in Southold. Application was filed on October 30, 2001. SEQRA has not been started. It is my understanding there have been discussions about alterin9 the plan as submitted with regard to landscaping, etc. I have left a message with applicant's agent, Cathy Mesiano, to contact me with a status update. Estate of Grace Edson- On the Main Road in Cutchogue, change from R-80 to HB. Per the applicant, SEQRA has not been started. The applicant was considering altering the application to change the zone to B- General Business. Greg spoke with Gall Wickham, applicant's attorney in May 2000 and asked if the rezoning application was ready for submittal to the Town Board. She said it was not, she was still considering changes and would be meeting with the Planning Board. Ms. Wickham indicated that she would send a letter when the application was ready to be submitted, and the Town Attorney's office has not heard from her on this matter since then. At this time, the Town Board could either do nothing, consider denying the application for inactivity, or I could correspond with applicant to determine what applicant intends to do. Accordingly, the only two active applications not held up by the moratorium are Skrezic and Hess. Skrezic will have the hearing on Tuesday, and SEQRA is still being conducted on Hess. A question has been raised as to whether the Board is required to consider the applications that have been submitted, or whether, particularly in the case of DBM where no action has taken place, the Board can simply refuse to entertain the petition at this time, The Code reads, "The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, modify, or repeal..." the Zoning Code. The question is whether the word "may" gives the Board the right to refuse to entertain the petition. There is no state law requirement that the Board hear the petition. However, since the Code provides the opportunity to change the zone by filing a petition, the Board may run into some problems if it simply decides to refuse the petition. I spoke with an attorney at the Department of State, who agreed that basic due process would require the Board make some decision on the application. Based on the moratorium, it may be reasonable for the Board to pass a resolution rejecting the application of DBM, indicating it would be appropriate to refile it after the moratorium. Otherwise, SEQRA could be started with the understanding that no action will be taken by the Planning Board until after the moratorium. As such, the Board can decide how it wishes to proceed with these matters, either to correspond with the applicants, take no action at all, or return the applications. P.O. Box 418 Mattituck, New York 11952-0418 November 17, 2003 / Southold Town - Supervisor v// Planning Board Zoning Board Main Road Southold, New York 11971 Re: Hess Station Main Road Mattituck, New York Dear Town Members: This letter is being sent since as of now I will be unable to attend the December hearing concerning the referenced Mattituck business and verbally express my displeasure in their expansion mini mart plan. My sincere hope is that the hearing is a formality and this plan will be denied. We do not need a convenience store, we have Handy Pantry, supermarkets and local deli's. We do not need more people eating/drinking and driving. We do not need another place to buy lottery tickets. We do not need soda stacked by the case by gas pumps - they do this at the Riverhead Hess thereby blocking pump access. I think the function ora gasoline station is to sell gasoline and possibly oil, washer fluid and have an air pump. Not sell groceries, that is what a grocery store is for. I discontinued frequenting other Hess stations because of Blocked pumps. More people parked in and around the station for the mini mart than for the purchasing of fuel. People pumping fuel while the vehicle is running, smoking or talking on a cell phone. The attendant cannot see them and I'm certain these things are all a violation of some safety or government ordinance. Is this the appearance and hazards we want for our town? SUPERV!S©HS · Further the present station is poorly maintained now, so how will Hess maintain more? Pumps are out of service weekly, the air hose is out of order or the attendant is busy socializing. Over the years I have completed Hess provided questionnaires and have seen no improvement. So why would we allow more to go the disrepair. The only plus is usually their price is competitive. Also, do we really need more traffic on that corner? Personally I was rear ended several years ago at that location. Thank you for your time. Sincerely, Roberta M. Kalous EUGENE L. DIL~ICOIA ANDREA DF, NICOLA EUGr3rE L. DENICOLA A~O~ A~ LAW November 17, 2003 RECEIVED NOV 1 8 2003 Town of Southold Southold Town Hall PO Box 1179 53095 State Road Southold, NY 11971 $oulhold Town Cle~ Att: Elizabeth Neville, Town Clerk Re: Applicant: SCTM No. Premises: Amerada Hess Corporation 1000-122-$-10 s/e/c Route 25 & Main Road, Mattituck, NY Dear Ms. Neville: To further your facsimile transmission to my office regarding the above captioned matter, enclosed herewith please find the following Check of Amerada Hess Corporate no. 2117 payable to the Town of Southold in the sum of $1,504.50, representing reimbursement for environmental review and SEQRA determination prepared by John J. Raynor, P.E. Kindly provide me with a receipt for the foregoing payment. A postpaid envelope is provided for return of same. Thank you for your courtesy and~ein. (~- ro enclosure Date: 11/18/03 Transaction(s): SEQR Review Town Of Southold OjP.O Box 1179 thold, NY 11971 * * * RECEIPT * * * Receipt#: 2117 Subtotal $1,504.50 Check#: 2117 Total Paid: $1,504.50 Name: Amerada, Hess Corporation One Hess Plaza Woodbridge, NJ 07095 Clerk ID: LINDAC Internal ID: 83421 ANDlV,~t DINICOIA EUGENE L. DFa'VICOI.~ November 14, 2002 Office of the Town Clerk Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Ri~CEIVED NOV ] § 2002 Seulhohl 'Iowa ¢lerJ: Att: Elizabeth A. Neville, Town Clerk Re: Amerada Hess Corporation Application for Change of Zone Premises: s/e/c Route 25 & Main Road, Mattituck Dear Ms. Neville: To further your October 23, 2002 correspondence regarding the above captioned matter, enclosed herewith please find the following: · Check of Amerada Hess Corporate no. 1911 payable to the Town of Southoldfor $1,098.75, representing reimbursement for environmental review work by John I. Raynor, P.E. Kindly forward to my office a receipt for the foregoing payment. Thank you for your courtesy and cooperation herein. enclosure . cc: Amerada Hess Corporation Att: George Benavides, Re~ Estate Manager Office of the Supervisor Att: Pat Finnegan ELIZABETH A. NEVILLE TOWN CLERK REGISTRA~ 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 October 23, 2002 Eugene L.DeNicola, Esq. Attorney at Law Heritage Bldg., 200 Railroad Avenue Post Office Box 68 Sayville, New York 11782 Dear Mr. DeNicola: Please be advised that the Town of Southold has been billed in the amount of $1,098.75 by John J. Raynor, Consultams for the environmental review work on the Amerada Hess change of zone application. There has been further review requested of the consultant by the town. However, at this time we request that you reimburse the Town in the amount of $1,098.75. I will notify you of any further charges when i receive them. Thank you. If you have any questions, please do not hesitate to contact me at 765-1800. Very truly yours, Eh~abeth P~ Neville Southold Town Clerk GREGORY F. YAKABOSKI TOWN ATTORNEY KATItLEEN MURRAY ASSISTANT TOWN ATTORNEY t'ATRICIA A. I~INNEGAN ASSISTANT TO~,~q ATTORNEY JOSHUA Y. HORTON Supervisor Town Ha]l, 53095 Route 25 P.O. Box 1179 ' Southoldl New York 11971-0959 ~elephone (63i) 765-1939 e-rn~il: gTeg.yakaboski@town southold.ny~us katlfleonmutray~town, southold.ny.us paldcia, finnegan(&to~w~.southold.ny.us OPFI(JE ()Ii' q?HE TOWN ATTORNEY TOWN OV 501FI'ttOLI_) Memorandum RECEIVED ©r7 2 3 200'~ To: From: Date: Re: Valerie Scopaz Town Planner Patricia A. Finnegan, Esq. Assistant Town Attorney October 23, 2002 Amerada Hess - change of zone application Soulhold Town Clod. Val: Please find attached the SEQRA report of John Raynor, P.E. for the above referenced change of zone application for your review. I forwarded your memo of June 27, 2002 to Raynor for comment, and received the enclosed as a response. Pat PAF/md Attachment cc: Town Board w/attachment Town Clerk w/attachment Patricia A. Finnegan, Esq. Assistant Town Attorney Town of Southold Town Hall, 53095 Route 25 P. O. Box 1179 Southold, NY 11971-0959 Date: Job: SEQRA Review No: 1647 Phone: (631) 726-7600 October 21, 2002 Hand Delivery Pick Up Ordinary Mail · UPS Overnight Message: Pursuant to your letter of October 10, 2002, enclosed is a revised draft Environmental Assessment Review. This report has been revised in response to the comments in the memorandum by Valerie Scopaz, Town Planner. You will notice two final drafts. One final draft is on tan paper. The revisions are in bold typeface and underlined, to facilitate review. The final draft on white paper has plain typeface. Please review the revised final draft at your earliest convenience and supply us with your comments, as our office would like to complete this project as expeditiously as possible. If you have any questions, please call. Sign~' ~/ Joseph Lombardi Deerfield Green Montauk Highway P.O. Box 720 Water Mill, New York 11976 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS AM~ADA HESS CORPORATION - MATrrrUCK Prepared for: Prepared by: Date: Elizabeth A Neville, Southold Town Clerk Town of Southold Town Board, Town Hall 53095 Main Road Southold, New York 11971-0959 John J. Raynor, P.E. & L.S., P.C. Deerfield Green, 860 Montauk Highway P.O. Box 720 Water Mill, New York 11976 March 13, 2002 Revised: October 21, 2002 The Town of Southold Town Board has retained John J. Raynor, P.E. & L.S., P.C. for consulting services in the review of the above referenced application. The proposed action involves a change of zone freom Marine 1 (M1) District to General Business (B) District on a 0.528 acre pamel of land located in Mattituck. The site is improved with a pre-existing, non- conforming gasoline service station. The change of zone application is an effort to have the zoning on the site more appropriately match the existing use. It would also serve as a precursor for a site plan application to raze the existing service station and build a new 2,480 s.f. Hess convenience store, 1,944 s.f. canopy, four new dispensing islands, upgrade the existing tanks and new landscaping. This document analyzes the site and the potential impacts associated with the proposed change of zone. In addition, the site has also been inspected for environmental/planning constraints. Location and Site Overview The project site is located on the southeast corner of the intersection of Main Road (S.R. 25) and Bay Avenue, just west of the Mattituck hamlet's central business district, Town of 1 Southold, County of Suffolk. The subject parcel is more particularly described as Suffolk County Tax Map parcel number 1000-122-3-10. The parcel contains 150 feet of frontage on Main Road (S.R. 25), an improved State maintained roadway and 140 feet of frontage on Bay Avenue, and improved Town maintained roadway. As previously mentioned, the site is currently improved with a gasoline service station. James Creek, a tidal creek that provides access to Peconic Bay, is located on the parcel immediately south of the subject parcel. However, the subject parcel does not appear to contain either wetlands or other environmental sensitive features. Additionally, according to the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) "Circles and Squares Map", the site does not appear to be located in a known archaeologically sensitive area. Proposed Action The proposed action involves a change of zone from Marine 1 (M1) District to General Business (B) Distdct on a 0.528 acre parcel of land located in Mattituck. The site is currently improved with a pre-existing, non-conforming gasoline service station. The change of zone application is an effort to have the zoning on the site more appropriately match the existing use. The proposed change of zone is a Unlisted Action pursuant to SEQRA. Coordinated review is optional. The Town Board has assumed Lead Agency status for the purpose of SEQRA review. The Suffolk County Planning Commission, on 10/4/2001, determined that the proposed action was a matter of Local Determination. The Suffolk County Planning Commission is only an "interested party" pursuant to SEQRA. Land Use and Zoning The subject parcel is located in along the major thoroughfare (Main Road a.k.a.S.R. 25) in an area that serves as a transition between the Mattituck hamlet center and less intensely developed commercial properties that exist to the west. According to the Town Zoning Map, the subject parcel and the two parcels south of it are zoned Marir~e 1 (M1) District. This is the only area of M1 zoning in the vicinity of the project. 2 The purpose of M1 Zoning is to "provide a waterfront location for a limited range of water- dependent and water related uses...which require or benefit from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or natural coves". James Creek is a tidal creek that provides access to Peconic Bay. The two other pamels located in this area of M1 zone have direct frontage on James Creek and aro improved. The parcel adjacent to the subject parcel contains a small marina facility. The parcel south of that contains a single family residence. Both of these uses aro permitted in the M1 zone. The subject parcel, which has no frontage on James Creek, contains a gasoline service station. This use is not one of the uses permitted in the M1 zone either by right or by special permit. Therefore, the existing service station is a pro-existing, non-conforming use. Fudhermore, the lack of direct frontage on James Creek restricts potential conforming uses on the site to either 1 ) Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers or 2) Buildings structures and uses owned by the Town of Southold, school districts, park districts and fire districts. If the request for a change of zone is approved, the area of M1 zoning in the Town will be diminished by a little more than half an acre. It is noted that access to the waterfront and the preservation of marine zoning on the waterfront is an important component of the Town's comprehe, nsive plan. However. as stated above, the subject parcel does not have direct access to the waterfront. Given its size and location, the subject parcel is not particularly well suited for the non- waterfront uses permitted in the M1 zone. The current Zoning Map indicates that areas immediately east, west and north of the subject parcel are zoned General Business (B). The purpose of this zone is "to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highway. The General Business (B) zone "is designed to accommodate uses that benefit from large numbers of motorists, need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. Gasoline service stations are permitted by a Special Exception in the General Business (B) Zone. The size of the subject parcel (0.528 acres) would preclude its suitability for some of the more intense uses permitted in the General Business (B) Zone. For example, the parcel is simply too small to accommodate the spatial requirements for most wholesale business, 3 warehouses, building material storage, food processing and packaging plants, whole and retail sale of nursery and garden materials, fully enclosed commercial recreation facilities and similar permitted uses. Likewise, it may be difficult to construct a viably sized building and also provide required parking and loading facilities for other permitted uses such as restaurants, fraternal or social institutional meeting halls, Auditoriums, theaters, libraries and museums and drinking establishments. Further limiting the potential uses on the site are the Suffolk County Department of Health Service regulations with respect to sanitary waste flow. The sanitary design flow is computed using the SCDHS manual "Standards For Approval Of Plans And Construction For Sewage Disposal Systems For Other Than Single Family Residences". The site lies within Groundwater Management Zone IV. Since public water is available, Sewage Flow cannot exceed 600 gallons per day per acre. Given its size (0.528 acres), current requirements limit the amount of sanitary waste generated on the subject parcel to only 316 gallons per day. Based on the above, it would appear that only the comparatively less intense uses permitted in the General Business (B) Zone like offices, banks, retail stores, personal service shops, art galleries, artists and craftmen's workshops and gasoline service stations would be appropriate. It should be noted that any potential expansion or change to the existing gasoline service station would require Site Plan Review by the Town Planning Board. During the course of that Site Plan review, the Planning Board will be required to initiate a SEQRA review in order to fully assess the potential environmental impacts associated with that specific action. Similarly, should a future owner of the subiect parcel decide to change the use on the site to one of the other uses permitted in the General Business {BI Zone, a Site Plan and SEQRA review by the Planning Board would be in order. In their review, the Planning Board would analyze the imoacts associated with the specific proposal for which Site Plan approval is sought. Based on their assessment,, the Planning Board can require whatever appropriate conditions they deem necessary to minimize any potential impacts. 4 Traffic Generation Since the subject parcel is ill suited for conversion to tt-{e more intense traffic generating uses permitted in the General Business (B) District, it is unlikely that the proposed change of zone from Marine 1 (M1) District to General Business (B) District will result in a substantial increase in traffic generation on the subject parcel. As mentioned previously, the parcel's size and sanitary flow constraints would limit it's potential redevelopment to the comparatively less intense uses permitted in the General Business (B) Zone, like offices, banks, retail stores, personal service shops, art galleries, artists and craftmen's workshops and service stations. At present, the service station has six fueling stations and some minor retail use at the site. Items are generally limited to cigarettes, automotive products (oil, windshield fluid, etc) and soft drinks in cases. There is no automotive repair component to the existing use. There is no question that the proposed service station with 8 fueling stations and a 2,480 s.f. convenience store can be expected to generate some additional peak period trips. it should be noted that not all of the site-generated traffic will be new traffic added to the adjacent roadway system. Certainly the traffic generated by the existing service station has to be taken into account. Additionally, uses such as retail establishments banks, gas stations and convenience stores attract patrons from the passing stream of traffic. The pass-by trip comes directly from the traffic stream passing the facility on the adjacent street system and does not require a diversion from another roadway, According to information found in the "Trip Generation Handbook. An ITE Proposed Recommended Practice", approximately 47% to 62% of the peak period trips t_o the proposed service station/convenience store would be pass-by trips. Therefore, the proposed zoning change and subsequent redevelopment of the site is not expected to result in a significant increase in peak period trips. 5 The subject parcel is has substantial frontage on Main Road (S.R. 25). Main Road is one of the principal arterial roads in the area. The roadway is improved with one travel lane in each direction and a turning lane. Site distance in the vicinity of the subject parcel is adequate. Given the current usage of the site, the proposed change in zone is not likely to have a significant impact with regard to traffic generation. Soils and Topography The Suffolk County Soil Survey (VVamer 1975) classifies the soils on site as Cut & Fill land, gently sloping (CUB). The site is relatively flat. According to the Suffolk County Department of Public Works Topographic Maps, elevations on the site range from about 11.5 feet in the northwesterly portion of the site, near the intersection of Main Road and Bay Avenue, to slightly less than t0 feet in the southerly portion of the site. Horizontal slopes across the site are 0-5%. The property contains no significant landforms or geologic features. Water Resources Groundwater in the vicinity of the subject pamel is approximately 3 feet above mean sea level. Given the site's proximity to James Creek, it is likely that the groundwater elevation fluctuates slightly, with the tide. The relatively shallow depth to groundwater may effect the installation of sanitary systems on the site, further acting to limit the type of potential uses that could be permitted if the proposed change of zone to General Business (B) Distdct is approved. Summary The proposed change of zone from Marine 1 (M1) District to General Business (B) District would increase the number of potential uses on the site. However, pamel size, other zoning constraints (parking and loading requirements) and Suffolk County Department of Health Service requirements would all serve to limit the intensity of the types of uses that the site could physically accommodate. For the most part, potential uses would be comparable or less intense than the existing gasoline service station use. The subject parcel does not contain any significant environmental features that would limit potential development that is consistent with the provisions of the General Business (B) 6 Zone. According to the Town Zoning Map, significant areas immediately east and west of the subject parcel and on the opposite side of Main Road from the subject parcel are currently zoned General Business (B). The proposed zone change would make the zoning on the subject parcel consistent with that on adjacent properties along Main Road. The site is improved with a gasoline service station. It is unlikely that any potential uses on the site would significantly increase wastewater generation, water usage or traffic generation over current levels. Site distance along Main Road (S.R. 25) is adequate in the vicinity of the subject parcel. The change in zone is not anticipated to cause a meaningful increase in the amount of traffic generated by the site. Therefore, no significant impact to the surrounding roadways are anticipated. The proposed change in zone would also serve to make the pre-existing non-conforming gasoline service station, a conforming use. The Town Board may wish to consider this information prior to rendering a SEQRA Determination of Significant and a zone change decision. If the issues have been adequately addressed, a Negative Declaration may be appropriate at the Board's discretion. Our firm would be pleased to further review any additional information or provide a recommended Determination of Significance with further input from the Board. 7 GREGORY F. YAKABOSKI q~OWN ATTORNEY KATHLEEN MURRAY ASSISTANT TOWN ATTORNEY PATRICIA A, FINNEGAN ASSfSTANT TOg, rrq ATTORNEY ~ JOSHUA Y. YIORTON Supervisor Town Hall, 53095 Route 25 P,O. Box 1179 Southoldi New York 11971-0959 Telephone (63i) 765-1939 e-meJil: greg.yakaboski@town.southold.ny.us kathleen.murray~town.southold, ny.us palricia.finnegan~towa.southold,ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Elizabeth A. Neville Town Clerk From: Date: Re: Melanie Doroski, office of Gregory F. Yakaboski, Esq. Town Attorney October 17, 2002 Amerada Hess - John J, Raynor invoice I am returning herein invoice of John J. Raynor, P.E. & L.S., p.c. dated August 1, 2002, for SEQRA services provided to the Town Board in the matter of Amerada Hess change in zone application. As the applicant is responsible for the SEQRA review, please notify Amerada Hess accordingly as to the invoice amount of $1098.75. As to your inquiry into the matter of where this matter stands with regard to Mr. Raynor, please be advised that our timeline indicates that the resolution engaging the services of Mr. Raynor was adopted by the Town Board on February 26, 2002. A memo from the Town Planner suggesting the draft report be returned to Mr. Raynor for revisions was forwarded to him on October 10, 2002. I have provided you with copies of this documentation for your file. If you should have any further questions on this application, please refer them to Patricia Finnegan, Assistant Town Attorney. Thank you. Page 1 of 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, October 29, 2002 10:29 Cc: Murray, Kathleen; Finnegan, Patricia Subject: Change cf Zone SEQRA fees Greg: I e-mailed you last week about the telephone call from DeNicola's Office (Amerada Hess change of zone) with regard to town reimbursement for SEQRA fees. They want to see where it specifically states in the law that the applicant is responsible for these fees?? Please advise. Thank you. Betty l 0/29/2002 3119101 312910 1 7/31/01 814101 8/14/01 8116101 8/28101 10/4/01 1/29/02 2/26/02 2127/02 3~4~02 3/15/02 6/27/02 7/2/02 10/10/02 10/11/02 Application of Amerada Hess for Change of zone MI to B TIMELINE Application filed, change zone from M-1 Marine to B General Business Itr from Village Marine atty, neighboring property--no objection to Hess zone change, wants to make sure their property will not be changed, and will remain M-1. Resolution--Town is lead agency, transmit to PB, SCPD Application referred to PB PB report--in favor of zone change. e-mail from Val Scopaz to Bob Kassner--- suggests rescinding memo re: PB in favor of zone change Resolution--NPV retained to do SEQRA Itr from SCPD, petition is a matter for local determination, no significant county-wide or inter-community impact. Recvd Itr from NPV, conflict and cant do SEQRA Resolution--Raynor retained to do SEQRA File transmitted to Raynor photos sent by TA office to Raynor Draft SEQRA completed by Raynor Memo from Val Scopaz, finds inconsistencies in Raynor draft report, should be referred back to Raynor for further comments and analysis. Executive Session - draft Raynor report and Vars memo discussed--- PB memo forwarded to Raynor for review. PAF spoke to applicants attorney, advised him that SEQRA report not finalized yet, hearing will not take place until it is received and reviewed by Planning Board. GREGORY F. YAKABoSKi TOWN ATTORNEY KATHLEI~N MURitAY ASSISTANT TOWN ATTORNEY PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY JOSHUA Y. ItOItTON Supervisor Town Hall, 53095 Route 26 P.O. Box 1179 Southold~ New York 11971-0959 q~elephone (63i) 765-1939 e-ma~l: greg.yakaboski~town.southold.ny,us kathleen.murray~town.~outhold.ny, us pat~icia.finuegan~town.southold.ny, us OJFFICE OF 'FILE TOWN ATTORNEY TOWN OF SOUTHOLD October 10, 2002 John J. Raynor, P.E. & L.S., P.C. Deerfield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Re: Amerada Hess Dear Mr. Raynor: Enclosed please find a memorandum from Valerie Scopaz, Town Planner, with respect to the Environmental Assessment Review you prepared in the above referenced matter. Please consider the comments of Ms. Scopaz and prepare an additional draft of your report for review by the Town. Please do not hesitate to contact me if you have any questions or concerns. Sincerely, P~atrlila A FlnnegI PF/md eric. INVOICE John J. Raynor, P.E. & L.S., p.c. Civil Engineer and Land Surveyor Deerfield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Phone: (631) 726-7600 AUG 1 02 Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Southold Town P4~ Board/SEQRA OurJobNo.: 1642 Info For professional services in connection with engineering and surveying related to the above named project, as listed on the attached summary. Engineer: 1.25 hours at $140.00 per hour 175.00 Sr. Technician: 0.25 hours at $95.00 per hour 23.75 Technician: 12.00 hours at $75.00 per hour 900.00 $ 1,098.75 SoutholdTown Time Summary for Job 1642: Southold Town Planning Board/SEQRA Info as of AUG 1 02 Date Work Description Category Time FEB 25 02 Prepare letter to Town in reponse to SEQRA request Engineer 0.50 FEB 28 02 Observe site conditions; take photos Engineer 0.50 MAR 1 02 Conference w/J JR to discuss work assignment Sr. Technician 0.25 MAR 4 02 Brief discussion with staff (JL) on project needs Engineer 0.25 MAR 4 02 SEQRA review for Zone change Technician 2.00 MAR 5 02 SEQRA review for Zone change Technician 4.00 MAR 6 02 SEQRA review for Zone change Technician 5.00 MAR 13 02 Discussion w/J JR; prepare revisions to the report Technician 0.50 MAR 15 02 Work on Draft SEQRA Review; do transmittal Technician 0.50 JJR J JR RJV J JR JL JL JL JL JL © © 0 -< ? VA I .I~.RIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Confidential Interoffice Memorandum mo~ From: Re: Date: Elizabeth Neville, Town Clerk Valerie Scopaz, AICP, Town Planner Environmental Assessment Review - Amerada Hess Corporation June 27, 2002 I have reviewed the draft EAR and find inconsistencies that suggest that it should be returned to the environmental consultant for revision. The inconsistencies are noted below: The review does not take into account that the proposed rezoning will delete M-I zoning of which the Town has a very limited amount. Access to the waterfront and preservation of marine zoning on the waterfront is important to the Town. The review contradicts itself by stating that the proposed rezoning will increase the potential for additional traffic and intensification of land use at a busy intersection, but since the existing use is a gasoline service station that the intensification of that use will not be significant. The review indicates that proposed rezoning will make possible a use or range of uses that can have more intense impacts on the groundwater, the environment and the transportation infrastructure yet downplays those potential impacts by supposing that the existing use is the only use to which the site will be put. Phone: (631) 726-7600 Patricia A. Finnegan, Esq. Assistant Town Attorney Town of Southold Town Hall, 53095 Route 25 P. O. Box 1179 Southold, NY 11971-0959 Job: SEQRA Review No: 1647 Date: October 21, 2002 Hand Delivery Pick Up Ordinary Mail · UPS Overnight Message: Pursuant to your letter of October 10, 2002, enclosed is a revised draft Environmental Assessment Review. This report has been revised in response to the comments in the memorandum by Valerie Scopaz, Town Planner. You will notice two final drafts. One final draft is on tan paper. The revisions are in bold typeface and underlined, to facilitate review. The final draft on white paper has plain typeface. Please review the revised final draft at your earliest convenience and supply us with your comments, as our office would like to complete this project as expeditiously as possible. If you have any questions, please call. Sign~' ~/ Joseph Lombardi Deerfield Green Montauk Highway P.O. Box 720 Water Mill, New York 11976 ENVIRO~AL Ass~ssMr~r ~ ENVIRONMENTAL AND PIANNING CONSIDERATIONS AMERADA HESS CORPORATION - MATITHJCK Prepared for: Prepared by: Date: Elizabeth A Neville, Southold Town Clerk Town of Southold Town Board, Town Hall 53095 Main Road Southold, New York 11971-0959 John J. Raynor, P.E. & L.S., P.C. Deerfield Green, 860 Montauk Highway P.O. Box 720 Water Mill, New York 11976 Mamh 13, 2002 Revised: October 21, 2002 The Town of Southold Town Board has retained John J. Raynor, P.E. & L.S., P.C. for consulting services in the review of the above referenced application. The proposed action involves a change of zone from Marine 1 (M1) District to General Business (B) District on a 0.528 acre pamel of land located in Mattituck. The site is improved with a pre-existing, non- conforming gasoline service station. The change of zone application is an effort to have the zoning on the site more appropriately match the existing use. It would also serve as a precursor for a site plan application to raze the existing service station and build a new 2,480 s.f. Hess convenience store, 1,944 s.f. canopy, four new dispensing islands, upgrade the existing tanks and new landscaping. This document analyzes the site and the potential impacts associated with the proposed change of zone. In addition, the site has also been inspected for environmental/planning constraints. Location and Site Overview The project site is located on the southeast corner of the intersection of Main Road (S.R. 25) and Bay Avenue, just west of the Mattituck hamlet's central business district, Town of Southold, County of Suffolk. The subject parcel is more particularly described as Suffolk County Tax Map parcel number 1000-122-3-10. The pamel contains 150 feet of frontage on Main Road (S.R. 25), an improved State maintained roadway and 140 feet of frontage on Bay Avenue, an~improved Town maintained roadway. As previously mentioned, the site is currently improved with a gasoline serviCe station. James Creek, a tidal creek that provides access to Peconic Bay, is located on the parcel immediately south of the subject parcel. However, the subject parcel does not appear to contain either wetlands or other environmental sensitive features. Additionally, according to the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) "Circles and Squares Map", the site does not appear to be located in a known archaeologically sensitive aroa. Proposed Action The proposed action involves a change of zone from Marine 1 (M1) District to General Business (B) Distdct on a 0.528 acre parcel of land located in Mattituck. The site is currently improved with a pro-existing, non-conforming gasoline service station. The change of zone application is an effort to have the zoning on the site more appropriately match the existing use. The proposed change of zone is a Unlisted Action pursuant to SEQRA. Coordinated review is optional. The Town Board has assumed Lead Agency status for the purpose of SEQRA review. The Suffolk County Planning Commission, on 10/4/2001, determined that the proposed action was a matter of Local Determination. The Suffolk County Planning Commission is only an "interested party" pursuant to SEQRA. Land Use and Zoning The subject parcel is located in along the major thoroughfare (Main Road a.k.a.S.R. 25) in an area that serves as a transition between the Mattituck hamlet center and less intensely developed commercial properties that exist to the west. According to the Town Zoning Map, the subject parcel and the two parcels south of it are zoned Maride 1 (M1) District. This is the only area of M 1 zoning in the vicinity of the project. 2 The purpose of M1 Zoning is to "provide a waterfront location for a limited range of water- dependent and water related uses...which require or bener~ from direct access to or location in marine or tidal waters but which are located within the town's tidal creeks or natural coves", James Creek is a tidal creek that provides access to Peconic Bay. The two other pamels located in this area of M1 zone have direct frontage on James Creek and are improved. The parcel adjacent to the subject parcel contains a small marina facility. The parcel south of that contains a single family residence. Both of these uses are permitted in the M1 zone. The subject pamel, which has no frontage on James Creek, contains a gasoline service station. This use is not one of the uses permitted in the M1 zone either by right or by special permit. Therefore, the existing service station is a pre-existing, non-conforming use. Furthermore, the lack of direct frontage on James Creek restricts potential conforming uses on the site to either 1) Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers or 2) Buildings structures and uses owned by the Town of Southold, school districts, park districts and fire districts. /'~!f the for of is the of M1 in the re. quest a change zone approved, area zoning own well be diminished bv a httle' .re. ore than half an acre. It is noted that access o the waterfront and the preservat,on of marine zoning on the waterfront is an important component of the Town's com_orehe, nsive _Dian. However. as stated above, the subject parcel does not have direct access to the waterfront. Given its size and location, the sub!act _parcel is not particularly well suited for the non- waterfront uses permitted in the M1 zone. ~¢w~y',..~ ~)~ ~-~/~ The current Zoning Map indicates that areas immediately east, west and north of the subject parcel are zoned General Business (B). The purpose of this zone is '1o provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highway. The General Business (B) zone "is designed to accommodate uses that benefit from large numbers of motorists, need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. Gasoline service stations are permitted by a Special Exception in the General Business (B) Zone. The size of the subject parcel (0.528 acres) would preclude its suitability for some of the more intense uses permitted in the General Business (B) Zone. For example, the parcel is simply too small to accommodate the spatial requirements for most wholesale business, 3 warehouses, building material storage, food processing and packaging plants, whOle and retail sale of nurse~j and garden materialS, fully enclosed commercial recreation facilities and similar permitted uses. Likewise, it may be difficult to construct a viably sized building and also provide required parking and loading facilities for other permitted uses such as restaurants, fratemal or social institutional meeting halls, Auditoriums, theaters, libraries and museums and drinking establishments. Further limiting the potential uses on the site are the Suffolk County Department of Health Service regulations with respect to sanitary waste flow. The sanitary design flow is computed using the SCDHS manual "Standards For Approval Of Plans And Construction For Sewage Disposal Systems For Other Than Single Family Residences". The site lies within Groundwater Management Zone IV. Since public water is available, Sewage Flow cannot exceed 600 gallons per day per acre. Given its size (0.528 acres), current requirements limit the amount of sanitary waste generated on the subject pamel to only 316 gallons per day. Based on the above, it would appear that only the comparatively less intense uses .~'.~//permitted in the General Business (B) Zone like offices, banks, retail stores, personal ~)/~/ service shops, art galleries, artists and craftmen's workshops and gasoline service stations would be appropriate. It should be noted that any potential expansion or change to the existing gasoline service station would require Site Plan Review by the Town Planning Board. During the course of that Site Plan review, the Planning Board will be required to initiate a SEQRA review in order to fully assess the potential environmental impacts associated with that specific action. Similarly, should a future owner of the subject parcel decide to change the use on the site to one of the other uses permitted in the General Business (B) Zone, a Site Plan and SEQRA review by the Planning Board would be in order. In their review, the Planning Board would analyze the impacts associated with the soecific proposal for which Site Plan approval is sought. Based on their assessment, the Planning Board can require whatever appropriate conditions they deem necessary to minimize any potential impacts. 4 Traffic Generation Since the subject parcel is ill suited for conversion to tl~e more intense traffic generating uses permitted in the General Business (B) District, it is unlikely that the proposed change of zone from Marine 1 (M1) District to General Business (B) District will result in a substantial increase in traffic generation on the subject parcel. As mentioned previously, the parcel's size and sanitary fl0w corlstraints would limit it,s potential redevelor)ment to the comparatively less intense uses Permitted in the General Business lB) Zone. like offices, banks, retail stores. personal service shops, .art galleries, artists and craftmen's workshops and service stations. At present, the service station has six fueling stations and some minor retail use at the site. Items are generally limited to cigarettes, automotive products (oil, windshield fluid, etc) and soft drinks in cases. There is no automotive repair component to the existing use. There is no question that the proposed service station with 8 fueling stations and a 2.480 s.f. convenience store can be exoected to generate some additional oeak oeriod trips. It should be noted that not all of the site-generated traffic will be new traffic added to the ad!acent roadway system. Certainly the traffic generated by the existing service station has to be taken into account. Additionally, uses such as retail establishments banks, gas stations and convenience stores attract _~atrons from the passing stream of traffic. The pass-by trip comes directly from the traffic stream passing the facility on the adjacent street system and does not require a diversion from another roadway. According to information found in the "Trip Generation Handbook, An ITE Proposed Recommended Practice". approximately 47% to 62% of the peak period trips to the proposed service station/convenience store would be pass-by trips. Therefore, the proposed zoning change and subsequent redevelopment of the site is not expected to result in a significant increase in peak period trips, 5 The subject parcel is has substantial frontage on Main Road (S,R. 25). Main Road is one of the principal arterial roads in the area. The roadway is improved with one travel lane in each direction and a tuming lane. Site distance in the vicinity of the subject parcel is adequate. Given the current usage of the site, the proposed change in zone is not likely to have a significant impact with regard to traffic generation. Soils and Topography The Suffolk County Soil Survey (Wamer 1975) classifies the soils on site as Cut & Fill land, gently sloping {CUB). The site is relatively flat. According to the Suffolk County Department of Public Works Topographic Maps, elevations on the site range from about 11.5 feet in the northwesterly portion of the site, near the intersection of Main Road and Bay Avenue, to slightly less than 10 feet in the southerly portion of the site. Horizontal slopes across the site are 0-5%. The property contains no significant landforms or geologic features. Water Resources Groundwater in the vicinity of the subject parcel is approximately 3 feet above mean sea level. Given the site's proximity to James Creek, it is likely that the groundwater elevation fluctuates slightly, with the tide. The relatively shallow depth to groundwater may effect the installation of sanitary systems on the site, further acting to limit the type of potential uses that could be permitted if the proposed change of zone to General Business (B) District is approved. Summary The proposed change of zone from Marine I (M1) District to General Business (B) District would increase the number of potential uses on the site. However, parcel size, other zoning constraints (parking and loading requirements) and Suffolk County Department of Health Service requirements would all serve to limit the intensity of the types of uses that the site could physically accommodate. For the most part, potential uses would be comparable or less intense than the existing gasoline service station use. The subject parcel does not contain any significant environmental features that would limit potential development that is consistent with the provisions of the General Business (B) 6 Zone. According to the Town Zoning Map, significant areas immediately east and west of the subject parcel and on the opposite side of Main Road from the subject parcel are currently zoned General Business (B). The proposed zone change would make the zoning on the subject parcel consistent with that on adjacent properties along Main Road. The site is improved with a gasoline service station. It is unlikely that any potential uses on the site would significantly increase wastewater generation, water usage or traffic generation over current levels. Site distance along Main Road (S.R. 25) is adequate in the vicinity of the subject parcel. The change in zone is not anticipated to cause a meaningful increase in the amount of traffic generated by the site. Therefore, no significant impact to the surrounding roadways are anticipated. The proposed change in zone would also serve to make the pre-existing non-conforming gasoline service station, a' conforming use. The Town Board may wish to consider this information prior to rendering a SEQRA Determination of Significant and a zone change decision. If the issues have been adequately addressed, a Negative Declaration may be appropriate at the Board's discretion. Our firm would be pleased to further review any additional information or provide a recommended Determination of Significance with further input from the Board. 7 EUGENE L. DENICOLA Elizabeth A. Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 EUGENE L. DENICOLA March 5, 2002 RECEIVED g^R' 6 2002 Southold Town Re; Applicant: Amerada Hess Corporation SCTM NO. 100-122-3-10 Premises: Main Road, Mattituck Change of Zone M-I Marine to B General Business Dear Ms. Neville: Thank you for your courtesies in our recent telephone communications. To further same, the Suffolk County Planning Commission has requested a radius map for their review in connection with this application. Accordingly, I enclose the following: Six (6) prints of radius map, depicting both a 200' and 500' radius, indicating the names and addresses of property owners within 500' of the premises, and the uses and zoning districts within 200 feet of the premises. I trust the enclosed radius map is acceptable. Should information, please do not hesitate to contact this office. ro enclosures however, you require any additional Thank you for your courtesy and cooperation herein. Elizabeth A. Neville Southold Town Clerk Town Hall 53095 Main Road Southold, New York 11971 EUOE~rE L. DENICOLA A~'~ORI~E~ A~ LAW March 5, 2002 .CL ED ~IAF~' 6 2002 Sonthold Town ClndL Re: Applicant: Amerada Hess Corporation SCTM NO. 100-122-3-10 Premises: Main Road, Mattituck Change ofZone M-I Marine to B General Business Dear Ms. Neville: Thank you for your courtesies in our recent telephone communications. To further same, the Suffolk County Planning Commission has requested a radius map for their review in connection with this application. Accordingly, I enclose the following: Six (6) prints of radius map, depicting both a 200' and 500' radius, indicating the names and addresses of property owners within 500' of the premises, and the uses and zoning districts within 200 feet of the premises. I trust the enclosed radius map is acceptable. Should information, please do not hesitate to contact this office. FO enclosures Thank you for your courtesy and cooperation herein. h~ow.eyer, you require any additional GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY HUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1859 e-marl: greg.yakaboski@town.southold.ny.us mary.wilson(c~town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD FedEx 813508064177 February27,2002 John J Raynor, P.E. & L.S., P.C. Deerfield Green 860 Montauk Highway Water Mill, NY 11976 Re: SEQRA Review - Change in Zone Application of Amerada Hess SCTM #1000-122 -3-10 Premises: Route 25 & Bay Ave, Mattituck Dear Mr. Raynor: Pursuant to our recent phone conversation, I am enclosing copies of the following documents for informational purposes to assist you in preparing a SEQRA analysis for the Amerada Hess change in zone application: · Petition for Change of Zone of Amerada Hess Corporation · Southold Town Code - Marine 1 District · Southold Town Code - General B District Suffolk County Real Property Map (subject lot highlighted) · GIS zoning map of subject property and surrounding area (larger mapping available upon request) · Resolution #165 adopted by the Southold Town Board on February 26, 2002, retaining your firm for SEQRA review · Payment voucher in the amount of $1,000.00 to be completed where highlighted and returned together with your invoice upon completion of SEQRA analysis · Sample of Confidential SEQRA review prepared by Nelson, Pope & Voorhis (do not disclose contents - internal purposes only) /md er~cs If you should require any additional information or have any questions, please give me a TC~oewgn° rAYt t Fo '~ 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 165 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2002: RESOLVED that the Town Board of the Town of Southold engage in the services of the firm of John J. Raynor~ P.E. & L.S., P.C.~ to prepare an initial SEQRA Review for the change of zone (Marine 1 to General B) application of Amerada Hess for the property identified by SCTM #1000-122-3~10 and located at the comer of Bay Avenue and Route 25 in Mattituck, New York. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTI~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS I~LANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER To~vn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.ne~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gregory F. Yakaboski, Town Attorney Mary A. Wilson, Assistant ~own A~ Elizabeth A. Neville, Town (Jerk ~-g~/ Amerada Hess Change of Zone Application 2/21/02 FEB 2 8 20(}? TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD Greg/Mary: The applicant's attorney Mr. De Nicola has repeatedly called my office asking for information on the above. It was determined that it would be a conflict of interest to have the SEQRA done by Chick Voohris and you were to contact another environmental consultant to do it. Has this been done? Mr. De N/cola is inquiring when the date for the public hearing will be set? His telephone number is 631 56%1200. Please advise me on the status of the matter. Thank you. Greg/Mary: Has the Amerada Hess chang eof zone application been sent off: to the new environmental consultant JOhn Raynor for the SEQRA Review? If so, may I have a copy of the transmittal letter? Thank you. Betty ToJl)~ Of Southold Box 1179 Sou[~ld, NY 11971 * * * RECEIPT * * * Date: 11/15/02 Transaction(s): 1 SEQR Review Receipt#: 1911 Subtotal $1,098.75 Check#: 1911 Total Paid: $1,098.75 Reimbursement to Town for SEQRA Review performed by JOhn~ J'. Raynor, P.E.L.S.PC Name: Amerado, Hess Corporation One Hess Plaza Woodbridge, NJ 07095 Clerk ID: LINDAC Internal ID: 64124 INVOICE John J Raynor, P.E. & L.S., p.c. Civil Engineer and Land Surveyor Deedield Green 860 Montauk Highway P.O. Box 720 Water Mill, NY 11976 Phone: (631) 726-7600 AUG 1 02 Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Southold Town~ Board/SEQRA Info OurJobNo.: 1642 For professional services in connection with engineering and surveying related to the above named project, as listed on the attached summary. Engineer: 1.25 hours at $140.00 per hour 1 75.00 Sr. Technician: 0.25 hours at $95.00 per hour 23.75 Technician: 12.00 hours at $75.00 per hour 900.00 $ 1,098.75 Southold Town 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 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 165 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2002: RESOLVED that the Town Board of the Town of Southold engage in the services of the firm of John J. Raynor~ P.E. & L.S.P.C. to prepare an initial SEQRA Review for the change of zone (Marine 1 to General B) application of Amerada Hess for the property identified by SCTM # 1000-122-3-10 and located at the comer of Bay Avenue and Route 25 in Mattituck, New York. Elizabeth A. Neville Southold Town Clerk RESOLVED that the Town Board of the Town of Southold engage in the services of the firm of John J. Raynor~ P.E. & L.S.P.C.~ to prepare an initial SEQRA Review for the change of zone (Marine I to General B) application of Amerada Hess for the property identified by SCTM # 1000-122-3-10 and located at the comer of Bay Avenue and Route 25 in Mattituck, New York. The fee for the work will be One Thousand ($1,000.00) Dollars. The work will include preparing a report to the Town including a recommendation as to the classification of the action under SEQRA, the likelihood of significant environmental impact, and a proposed SEQRA determination. RESOLUTION FEBRUARY 26, 2002 V - 165 RESOLVED that the Town Board of the Town of Southold eneaee in the services of the firm of John J. Raynor~ P.E. & L.S, P.C, to prepare an initial SEQRA Review for the change of zone (Marine 1 to General B) application of Amerada Hess for the property identified by S CTM #1000-122-3-10 and located at the comer of Bay Avenue and Route 25 in Mattituck, New York. RECEIVED -3os Main Road P.O. Box 648 Mattituck, NY 11952 tJAN 2 3 ~00~ (631) 298'3230 Southold Town Cler[ January 18, 2002 Dear Supervisor Horton, I would like to voice my strong opposition to the expansion of the Hess station at Bay Avenue and Main Road in Mattituck to a 2,5oo-scluare-foot gas/mini-mart facility. I live almost directly across the street from the sta- tion and feel the increased traffic congestion, noise, and lighting would be a real detriment to this neighbor- hood,, which is also a residential area. Homeowners are already at their limit when it comes to these issues; just pulling out of your driveway can be a challenge. I would think it wise to encourage the residential/light business mix which still exists in the heart of the village of Mattituck. Please don't drive away the residents of these homes; many of these homes have been here for decades and add to the unique beauty of this area. We all know what Amerada Hess would tike to see happen here; but is it what the people who actually live here want? We already have similar stores within easy walking distance. What is the justification for this one? I also fear the environmental impact of this expanded facility, pushed within approximately too feet of James Creek. These are the very waters we are now trying to restore and protect. As two area residents have angrily written to The Suffolk Times recently, "Enough is enough." Please put a stop to this type of development when it is unwise, unneeded, unwanted, and unsightly. Sincerely, Georgeann Packard cc: Town of Southold Zoning Board Town of Southold Town Board Town Hall Main Road Southold, Nev¢ York 11971 EUGgNg L. DgNICOLA October 16, 2001 RECEIVED 0C7 1 7 2001 Southold Iowa t'lelt Re: Applicant: Amerada Hess Corporation SCTM No. 122-3-10 Premises: s/e/c Rte. 25 & Main Road, Mattituck Application for Change of Zone Dear Madam Supervisor and Members of the Town Board: The undersigned represents Amerada Hess Corporation, which has filed an application to the Town Board of the Town of Southold, for a change of zone of its property at the above location from the current M-1 Marine to B General Business. I have received correspondence from the Town Clerk, in which the Planning Board indicated that it is in favor of the change of zone from M-1 to B General Business for the said parcel of land. It would be sincerely appreciated if you would advise the undersigned if an anticipated date is being considered by the Town Board to effectuate the said change of zone. Thanking you for your courtesy and advice upon receipt i tereof ELD:ro PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHANI, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED AUG 1 4 2001 $outhold Town Cle~ TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Bennett Orlowski Jr., Chairman Planning Boar~ Request for comment on zone change request for Amerada Hess Main Road, Mattituck SCTM# 1000-122-3-10 Zone Marine I (MI) August 14, 2001 The Planning Board is in favor of the zone change from Marine I (MI) to General Business for the above parcel. The Marine I (MI) designation was originally set because of the marina south of the gas station located on James Creek. All properties east of the gas station are zoned General Business. Properties across the street are zoned General Business and Residential Office (RO). This rezoning would make the gas station a permitted use by Special Exception of the Board of Appeals. RECEIVED Southolcl Town Cie& DEPAF~q~vlENT OF PLANNING C~OUNTY OF SUFFOLK ROBERT J. OAFFNEY SUFFOLK COUi~FiY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING October 4, 2001 Town Clerk Town of Southold Applicant: Amerada Hess Corp. Zoning Action: Change of zone from M-1 Marine to B General Business Municipal File No.: 317 S.C.P.D. File No.: SD-01-04 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suftblk County Plamfing Commission is considered to be a matter for local determination ashere is no apparent significant county-wide or inter-commtmity impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles Director of Planning GGN:cc G \CCHORNY~.ZONING~ZONINGIWORKING\LD2OOI\SEPT~SD01 ~ SEP S/s Gerald G. Newman Chief Planner LOCA110N MAILING ADDRESS H LEK DENNISON BLDG. - 4TM FLOOR · P 0 BOX 6100 · (63 I) 853 8 lEO I O0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788'0099 TE~LECOPIER (63 I ) 853-4044 ELIZABETH A. NEVILLE TOWN CLERK REGISTP~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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 660 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2001: WHEREAS Amerada Hess Corporation has proposed a change in zone for the property identified as SCTM#1000-122-3-10 consisting of approximately.52 acres located on the south side of Main Road (Route 25) and the east side of Bay Avenue, Mattimck, New York; and WHEREAS the proposed change of zone is from Marine (M-l) to General Business (B); therefore be it RESOLVED that the Town Board of the Town of Southold hereby finds this to be an UNLISTED action pursuant to SEQRA Rules and Regulations. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOILMATION OFFICER Town Hail, 53095 Main Road P.O~ Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOVCING RESOLUTION NO. 587 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: RESOLVED that the Town Board of the Town of Southold hereby en~ages the professional services of Nelson~ Pope & Voorhis to perform the SEQRA review for the petition for zone change filed by Amerada Hess Corp. for the property identified by SCTM#1000-122-3-10 from M-1 Marine to B General Business Elizabeth A. Neville Southold Town Clerk Kassner, Bob 'From: Sent: To: Cc: Subject: Scopaz, Valerie Thursday, August 16, 2001 1:28 PM Kassner, Bob Bennett Orlowski Jr. (E-mail) Amerada Hess Bob, Yesterday, when Betty Neville reviewed the Change of zone file status for this site, I noticed that the PB's recommendation, as written by yourself, left out what I consider a crucial piece of information that the TB should possess, The Hess Corporation has approached you about expanding their use of the site, but they have been advised that they cannot proceed with the expansion because they are a non-conforming use in the Marine Business zone. The TB should be informed that changing the zone most probably will precipitate a site plan application to expand the structure on the site. I suggest you rescind the memo and rediscuss this with the TB at the next work session. Also discuss whether this is to be done at a regular PB meeting....as I did with General Wayne. I am copying Ben with this in lieu of a separate e-message to him. Valede PI~INING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chifirman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (63~) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED AUG 14 2001 Southold Town Clerk TO: FROM: Elizabeth Neville, Town Clerk Bennett Orlowski Jr., Chairman Planning Boar~ Request for comment on zone change request for Amerada Hess Main Road, Mattituck SCTM# 1000-122-3-10 Zone Marine I (MI) DATE: August 14, 2001 The Planning Board is in favor of the zone change from Marine I (MI) to General Business for the above parcel. /7~.,eo/~ ,g O The Marine I (MI) designation was originally set because of the marina south of the gas station located on James Creek. All properties east of the gas station are zoned General Business. Properties across the street are zoned General Business and Residential Office 0~O). This rezoning would make the gas station a permitted use by Special Exception of the Board of Appeals. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETtt L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED AUG 1 4 2001 Soufhold 'low. Clerk TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Bennett Orlowski Jr., Chairman Planning Boar~ Request for comment on zone change request for Amerada Hess Main Road, Mattituck SCTM# 1000-122-3-10 Zone Marine I (MI) August 14, 2001 The Planning Board is in favor of the zone change from Marine I (MI) to General Business for the above parcel. The Marine I (MI) designation was originally set because of the marina south of the gas station located on James Creek. All properties east of the gas station are zoned General Business~ Properties across the street are zoned General Business and Residential Office (RO). This rezoning would make the gas station a permitted use by Special Exception of the Board of Appeals. RECEIVED AUG 13 ~01 ' Southold Town Cle~ DEPAIRTMENT OF pLANNING ~UNTY OF SUFFOLK ROBEF~ d. GAFFNEY SUFFOLK COUNTY EXECLF~VE August7,2001 THOMAS ISLES, AICP DIRECTOR OF PLANNING Town Clerk Town of Southold Re: Application of "Amerada Hess Corporation"for a change of zone from M-I Marine to B General Business at Mattituck in the Town of Southold (SCTM # 1000-122-3-10) Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk Comity Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. 1. A copy of the application; 2. A site plan; 3. an area map depicting land uses and zoning on and within 200 ft. of premises; 4. Finalized information relative to the SEQRA process; and 5. Recommendations of the Town Planning Board Thank you. Very truly yours, Thomas Isles Director of Planning GGN:cc G:/C C HORNY~ZONING~ZONING\WORKING\INCI20011SD 122.AU G S/s G~rald O. Newman Chief Planner LOCA~ ON MAILING ADDRESS H LEE DENNISON BLDG. 4TH FLOOR · P. 0 BOX ~ I O0 · (5 I 6) 853-5 190 I O0 V~TERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-00~9 TLLECOPIER (5 I 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 4, 2001 Thomas P. Isles Suffolk County Planning Depm hnent PO Box 6100 Hauppauge, New York 11788-0099 Gentlemen: Transmitted is proposed change of zone application of the Amerada Hess Corporation for change of zone from M-1 Marine to B General Business on property located on the south side of Main Road (Route 25) and the east side of Bay Avenue, Mattituck. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed change of zone and forward same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney E. DeNicola, 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 4, 2001 Bennett Oflowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed change of zone application of the Amerada Hess Corporation for change of zone from M-1 Marine to B General Business on property located on the south side of Main Road (Route 25) and the east side of Bay Avenue, Mattimck. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed change of zone and forward same to me. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attomey E. DeNicola, 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 545 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: WHEREAS a petition has been received from Amerada Hess Corporation for a change of zone from M-1 Marine to B General Business on a certain property located on the south sideof Main Road (Route 25) and the east side of Bay Avenue, Mattituck, New York and identified as SCTM#1000-122-3-10; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 545 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: WHEREAS a petition has been received from Amerada Hess Corporation for a change of zone from M-1 Marine to B General Business on a certain property located on the south side of Main Road (Route 25) and thc east side of Bay Avenue, Mattituck, New York and identified as SCTM#1000-122-3-10; now therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports~ all in accordance with the Southold Town Code and the Suffolk County Charter. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTI~XA~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOt~iATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 544 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: RESOLVED that the Town Board of Southold hereby declares itself lead agency as there are no other involved agencies~ in regard to SEQRA in the matter of the petition of Amerada Hess Corp. for a change of zone from M-1 Marine to B General Business on a certain property located at the comer of Main Road and Bay Road in Mattituck, New York. Elizabeth A. Neville Southold Town Clerk VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Gr. egory F. Yakaboski, Esq., Town,~ttomey EI,zabeth A. Neville, Town Clerkv/ Valerie Scopaz, AICP, Town Planner~,~ April 9, 2001 Amerada Hess SCTM#1000-122-3-10 I am forwarding to you a letter from counsel for Village Marine regarding a Change of Zone Petition for the adjoining property - Amerada Hess. Please advise as to whether them is a motion on the table for the Town Board to review the zoning of the Village Marine property concurrent with its review of the Hess petition to change the zoning of the Hess property from M-I to B. VS:ck cc: Anthony B. Tohill, Esq. ANTHONY B. TOHILL HICHA£L T, CLIFFORD _}~L,XlTHON¥ ~3. TorI~Ln, P.G. ATTORNEYS AT LAW 12 FIRST STREET P. O. BOX 1330 RIVE~HE~.D, NEW ¥O~K 11901-OI30~3 TELEPHONE; (63 I) 72T-8383 April 6, 2001 Ms. Valerie Scopaz P.O. Box 1179 Southold, NY 11971 Re: COZ -- Amerada Hess Dear Valerie: My client continues to be concerned that the Town is considering at the instance of Amerada Hess a change of zone o__n my client's property. Could you advise so that my client's interests are protected. Very truly yours, Anthony B. Tohill ABT/lm VALERIE SCOPAZ TOWN PLANNER RECENED ^Pti 6 Southold 1'own Clerk OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 April 5, 2001 Anthony B. Tohill, Esq. P.O. Box 1330 12 First Street Riverhead, NY 11901-0903 Re: Your Letter of March 29, 2001 Dear Mr. Tohill: With this letter, I am notifying the Town Board of your concerns. The Change of Zone Application submitted by Amerada Hess is specific to the .528 subject site of the gasoline station; also noted as Tax Lot #10 of District 1000, Section 122, Block 3. A complete copy of the Change of Zone Application including a metes and bounds description can be viewed and obtained from the Town Clerk's Office. Very truly yours, YalerJe $copaz, ^ICP Town Planner cc: Elizabeth Neville, Town Clerk Town Of Southold P.O Box 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 03/30/01 Receipt~: 18919 Transaction(s): 1 Petition Subtotal $1,000.00 Check#: 18919 Total Paid: $1,000.00 Name: Amerado, Hess Corporation One Hess Plaza Woodbridge, NJ 07095 Clerk ID: LYNDAB Internal ID: 29236 EUGENE L. DEi~COLA RECEI~ ~IAFI 3 0 200] Southold Town Clerk EUGENE L. DENICOLA A.Rv~ORNEY A~ LAW March 29, 2001 Town Clerk Town of Southold Main Road Southold, New York 11971 Re** Applicant: Amerada Hess Corporation Premises: s/e/c Main Road (Rte. 25A) & Bay Avenue Mattituck, New York Petition for Change of Zone from M-I Marine to B General Business Dear Sir or Madam: On March 19, 2001, the undersigned filed the above petition with your office. On the same date, an Affidavit of Proof of Mailing of Notice with annexed certified receipts. I have not received the requested confirmation fi.om your office that this affidavit was received. I enclose herewith signed return receipts, which completes your notification procedure. Please sign the enclosed copy of this correspondence, confirming your receipt of the foregoing, as well as the Affidavit of Proof of Mailing of Notice previously forwarded on March 19th. I also request you provide me with a receipt for the $1,000.00 filing fee which was paid on March 19, 2001. Thank you for your courtesy and cooperatio~ enclosures EUGENE L. DENIOOLA March 29, 2001 Town Clerk Town of Southold Main Road Southold, New York 11971 Applicant: Amerada Hess Corporation Premises: s/e/c Main Road (Rte. 25A) & Bay Avenue Mattituck, New York Petition for Change of Zone from M-I Marine to B General Business Dear Sir or Madam: On March 19, 2001, the undersigned filed the above petition with your office. On the same date, an Affidavit of Proof of Moiling of Notice with annexed certified receipts. I have not received the requested corrfirmation from your office that this affidavit was received. I enclose herewi~ signed return receipts, which completes your notification procedure. Please sign the enclosed copy of this correspondence, confirming your receipt of the foregoing, as well as the Affidavit of]Proof of Mailing of Notice previously forwarded on March 19th. I also request you provide me with a receipt for the $1,000.00 filing fee which was paid on March 19, 2001. Thank you for your courtesy and cooperation herein. Very truly yours, Eugene L. DeNicola r enclosures The undersigned confirms receipt of the foregoing: Dated: / / / EUGEV~ L. DENIOOLA EUGENE L. DENIOOLA March 19, 2001 2 1 001 Soothold Town anrk Town Clerk Town of Southold Main Road Southold, New York 11971 Application of Amerada Hess Corporation Premises: s/e/c Main Road (Rte. 25A) & Bay Avenue Mattituck, New York Petition for Change of Zone from M-I Marine to B General Business Dear Sir or Madam: The undersigned is the attorney for the applicant, Amerada Hess Corporation, relative to the abOve referenced. On March 19th the undersigned fi]ed with your office a petition requesting a change of zone of the said premises. To complete the requirements of Section 100-292 of your Code, enclosed please find Affidavit of Proof of Mailing of Notice with notice to property owners on the reverse page, and original stamped certified receipts. Return receipts from property owners will be submitted to you upon my receipt of same. Kindly sign the enclosed copy of this correspondence confmning your receipt of the foregoing, and return same to my office in the postpaid envelope provided. 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TO: NOTICE TO ADJACENT 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 requesta chanqe of zone from M-I Marine to B General Business zoning district That the property which is the subject of the Petition is located adiacent to yourproperty and is des- cribedasfoliows: southeast corner New York State RouGe 25 and Bay Avenue, Mattituckr Town of Southold, Suffolk County, New York 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowin§zoningdistrict: M-I Marine 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: B General Business 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 hezring must be held on the matter by :he Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: March 19 t 2001 AMERADA HEFTS CORPORATION P etltioner Post Office Address: One Hess Plaza Woodbridge, New Jersey 07095 PROOF OF MAILING OF NO· CE NAME PWK ENTERPRISES, INC. GLORIA & THEODORE MAGEN SUFFOLK COUNTY NATIONAL BANK JOHN & JOAN SAWICKI RAYMOND FERRICK ADDRESS c/o William H. Kope, Jr. 3000 Marcus Avenue, Lak~ Success, NY 11042 610 The. Strand East Marion, NY 11939 6 West Second Street PO Box 269, Riverhead, NY 1190] PO Box 602, Laurel, NY 11948 PO Box 790, Mattituck, NY ]]952 STATEOFNEWYORK: COUNTY OFSUFFOLK: SS.: R~SEANNE ORSKI ~ residing at 416 Hillside Avenue, West Sayvil I e, NY .... [~eing duly swor~, deposes and says that on thc __~ 9 day of March. 2001 ,xg~x ,deponent maileda true copy of the Notice set forth on the reverse side hereof, directed to each of the abov -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 cur- rent assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Office at Sayville, NY ;thatsaid Notices weremaiied to each ofsaid persons by (certified) (registered) mail. Sworn to me this 19th dayof March . ,~[KXX 4001 Notary Public ] ELAINE BUSC~,ING J Notary Public, Stat~ of New York No. 52-4775541 Oualifi~cl in Suffolk County_ Commissi ~n ExpiresJuly31,~ ~ / RO'S--EANNE ORSKI hess Summary of Trip Generation Calculation For 8 Vehicle Fueling Positions of Service March 08, 2001 Station with Convenience Market Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 162.78 68.16 1.00 1302 7-9 AM Peak }{our Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 5.03 0.00 1.00 40 5.03 0.00 1.00 40 10.06 6.01 1.00 80 4-6 PM Peak }{our Enter 6.69 0.00 1.00 54 4-6 PM Peak Hour Exit 6.69 0.00 1.00 54 4-6 PM Peak }{our Total 13.38 7.98 1.00 107 Saturday 2-Way Volume 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 Saturday Peak Hour Exit 0.00 Saturday PeaL,' Hour Total 0.00 0.00 1.00 0 0.00 1.00 0 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS EUGENE L. DENICOIA S~thold Town Clerk March 19, 2001 Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of Amerada Hess Corporation Premises: s/e/c Main Road (Rte. 2~A) & Bay Avenue Mattituck, New York Petition for Change of Zone from M-I Marine to B General Business Dear Sir or Madam: The undersigned is the attorney for the applicant, Amerada Hess Corporation, relative to the above referenced. On March 19th the undersigned filed with your office a petition requesting a change of zone of the said premises. To complete the requirements of Section 100-292 of your Code, enclosed please find Affidavit of Proof of Mailing of Notice with notice to property owners on the reverse page, and original stamped certified receipts. Return receipts fi.om property owners will be submitted to you upon my receipt of same. Kindly sign the enclosed copy of this correspondence confirming your receipt of the foregoing, and return same to my office in the postpaid envelope provided. I also request that you return to my office the receipt for filing fee paid at the time the application was filed. Thank you or your courtesy and cooperation herein. ro enclosures EUGENE L. DF2qICOLA March 15, 2001 Town of Southold Department of Planning Main Road Southold, New York 11971 Applicant: Amerada Hm Corporation Premises: s/e/c Main Road & Bay Avenue, Mattituck Petition for Change of Zone from M-1 Marine to General B Business Dear Sir or Madam: Please be advised the undersigned is the attorney for Amerada Hess Corporation. To further the above captioned matter, enclosed please find the following: · Three copies of Petition requesting change of zone. · Three copies of Long Environmental Assessment Form. · Transactional Disclosure Affidavit. · Six (6) prints of 500-foot radius map. · Check of the undersigned to the Town of Southold in the sum of $1,000.00 representing filing fee. Kindly forward to my office receipt for filing fee paid. Kindly noti~ my office of such public hearing as may be scheduled for this matter. My office is arranging to notify surrounding property owners of the filing of this application. The appropriate affidavit and remm receipts will be submitted to you. Should you require any additional information, please do not hesitate to contact my office. Thank you for your courtesy and cooperation herein. ro enclosures ~..~Very trul~y~ours, ~ lugefie~eNicola PETITION NO.",~ /7 STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. PETITION ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: AMERADA HESS CORPORATION BY having an office I. I. WILLIAM V. W~LFROM . ~esi~g at One Hess Plazar woodbridqe Petitioner New Jersey, 07095 ~-~u~f-f;::;-Geu~tyT-~ie~-¥~-k, the undersigned, am the owner of certain real property situated at Mattituck, New York and more particularly bounded and described as follows: SEE ANNEXED METES AND BOUNDS. DESCRIPTION 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change of Zone from M-I Marine to B General Business 3. Such request is made for the following reasons: · Applicant proposes to redevelop the existing site which is currently a Hess gasoline filling station. · Applicant will construct a Hess Express convenience store, a new canopy over four new pump island dispensers with associated parking and landscaping improvements, · The subject premises were formerly in the B General Business zone, however, were re- zoned to M-I Marine in or about 1989. · Applicant cannot redevelop the subject premises, as presently zoned, and requests the subject premises be rezoned to B General Business. · The rezoning to B General Business will be more in keeping with the Business zoning along New York State Route 25. AMERADA H~SS CORPOR~T/'~N STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) Real Es tate'~Ma nage r WILLIAM V. WOLFROM, BEING DULY SWORN. deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. WILLIAM V. WOLFROM, Sworn to before me this IN day of March Notary Public ROSEANNE ORSK~ NOTARY PUBMC, State of New York No. 4504559 Ouallfim:l in Suffolk Cqut~lt Term Expires Apr130, ,~o o / ~X~ 2001 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, ~M~-I THE BUILDINGS AND IMPROVE]dENTS THEREON ERECTED, SITUATE, LYING AND BEING AT MATTITUC~, IN TNE TOWN OF SOUTHOLD, COUNTY OF ~UFFOLK AND STATE OF NEW YORK AND DESIGNATED AS TAX LOT 10 OF DISTR~CT 1000, SECTION 122, BLOCK 3, MORE PARTICULARLY BOUNDED AND OESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER FORMED BY THE INT-r. RS[CTION OF THE SOUTHEASTERLY SIDE OF MAIN ROAD (ROUTE 25) ~MTH THE EASTERLY SIDE OF BAY AVENUE; RUNNING THENCE NORTH ,51 DEGREES 50 MINUTES O0 SECONDS EAST, 1,50.00 FEET ALONG ~I,IE SOUTHEASTERLY SIDE OF MAIN ROAD (ROUTE 25) TO A POINT; THENCE: SOUTH 25 DEGREES 29 MINUTES 40 SECONDS EAST, 150.00 FEET TO A POINT; THENCE SOUTH 60 DEGREES 25 MINUTES 10 SECONDS WEST, 191.61 FEET TO A POINT ON THE EASTERLY SIDE OF BAY AVENUE; TH(NCE NORTH 04 DEGREES ~4 MINUTES O0 SECONOS WEST. 1~0.00 FEET ALONG THE EASTERLY SIDE OF BAY A~:NUE TO THE POINT OR PLACE OF BEGINNING. CONTAINING 23,0.35~ SQUARE FEET OR O. SG ACRES MORE OR LESS. ~- ., 1i4'-1§-2 (2/87) -- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQF Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projec or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determim significance may have little or no formal knowledge of the environment or may be technically expert in environmenta analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin[ the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatior process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic projec data, it assists a reviewer in the analysis that takes place in Parts 2 and 3~ Part 2: Focuses on identifying the range'of possible impacts that may occur from a project or action. It provide.. guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is id~;ntified as potential[y-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information ~'ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which Wiil not have a significant impact on the environment, therefore a negative declaration will be prepared. [] 13. 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.* I-1 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 Raze and Rebuild of Hess Mattituck NameofAction Town of Southold NameofLeadAgency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFOR TION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the enti(e form, Parts A through E. Answers to these questions will be consider~ as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol, new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and sped each instance. NAME OF ACTION Raze & Rebuild of Hess Mattituc~ LOCATION OF ACTION (Inc~ucle Street Address, Municipality a~ld County) S/E/C of Route 25 and Bay Avenue, Mattituck, Southold, NY NAME OF APPUCANT/SPONSOR BUSINESS TELEPHONE Amerada Hess Corporation (73.2)750-6192 ADDRESS ~ 1 Hess Plaza ZIP CODE 07095 n'7na~ CiTY/PO I STATE Woodbri~qe, NJ N,7 NAME OF OWNER (If different) BUSINESS TELEPHONE ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Raze and Rebu__i~ld of Hess Mattituck. Proposed project includes new 2,480 S.F. Hess coqvenince ~t_ore, 1,944 S.F. Canopy, four (4) new dispensing islands, upgrade to existing tank~ and new landscaping. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial I-IForest r-IAgriculture .52 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested I-gCommercial [2]Other i-3Residential (suburban) acres. PRESENTLY · 0 3 6 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 Water Surface Area 0 Unvegetated (Rock, earth or fill) .10 Roads, buildings and other paved surfaces .384 Other (Indicate type) Landscape 0 [-1Rural (non~fan AFTER COMPLETION 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres · 427 acres · 093 acres 3. What is predominant soil type(s) on project site? {)lym,~ ,lo,,~, s~,~ (FIAt); Cv~ ~ ¢~1 ~C~) a'. Soil drainage: [~Well drained 100 % of site I-IModerately well drained % of site r-IPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N' Land Classification System? N/A acres, (See I NYCRR 370). 4, Are there bedrock outcroppings on project site? ~Yes ~No a. What is depth .to bedrock? U//~ (in feet) 2 S. ADproximate percentage of pied project site with slopes: ~0-10~ 0 % [10-15% % F~15% % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? r-lyes F:INo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I--lYes []Nc 8. What is the depth of the water table? 10 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? []Yes J~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~]Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangeredi DYes rGNo According to I~ ~¢K ,~-~ ~v,~z. Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formationsl []Yes []No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area~ [l-lYes F~No If yes, explain 14. Does the present site include scenic views known to be important to the community? r~No 15. Streams within or contiguous to project area: James Creek a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name b. Size (In acres) 17. Is the site served by-~xistin§ p_ublic utilities? ~[3Yes I-INo a) If Yes, does sufficient capacity exist to allow connection? I~lYes F'INo b) If Yes, will improvements be necessary to allow connection? I-lYes ~No 18, Is the'site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? I-iYes ~No . 19. Is the site located in or substantially contiguous tc~ a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 I-lYes ~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? F'Wes I~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 .528 b. P~oject acreage to be developed: .528 acres initially; .528 c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed J-00 %; f. Number of off-street parking spaces existing ~ ; proposed 9 g. Maximum vehicular trips generated per hour 10'/ (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure ! 9 height; 4 ]_ width; j. Linear feet of fro.ntage along a public thoroughfare project will occupy is~ acres. acres ultimately. Condominium 60 length. ft. 2. How much natural materi~ e., rock, earth, etc.) will be removed fr( he site? ZoO ct'( tons/,c~bic~y~r~ 3. Will disturbed areas be reclaimed? ~lYes F'INo ~IN/A a. If yes, for what intendcC purpose is the site being reclaimed? TOpsO'il flor planting b. Will topsoil be stockpiled for reclamation? BYes ~lNo c. Will upper subsoil be stockpiled for reclamation? F-lYes ~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .0 ! acres. 5. Will any mature forest {over 100 years 01dj or other locally-important vegetation be removed by this project? ~Yes ~]No 6. If single phase project: Anticipated period of construction 4 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 2 {number). b. Anticipated date of commencement phase I 10 c. Approximate completion date of final phase ~ d. Is phase 1 functionally dependent on subsequent phases? ['3No 8. Will blasting occur during construction? I-lYes ~No 9. Number of jobs generated: during construction 30 ; after project is complete 6 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? F1Yes l/No If yes, explain month 01 year, {including demolition). month 01 year. ~Yes 12. Is surface liquid waste disposal involved? I-lyes a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~]Yes [-1No Type 9ewaqe 300 GPD 14. Will surface area of an existin§ water body increase or decre'ase by proposal? r-lYes Explain 15. Is project or any portion of project located in a 100 year flood plain? ×[~Yes 16. Will the project generate solid waste? ~Yes F-INo a. If yes, what is the amount per month .25 tons b. If yes, will an existing solid waste facility be used? E-lyes , F-INo c. If yes, give name ~U'FC~OC~Ui~ L~-~ ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain I'-~Yes DNo wastes that can be recycled (ex bottler,glass etc.) 17. Will the project involve the disposal of solid waste? aYes a. If yes, what is the anticipated rate of disposal? .2 5 b. It yes, what is the anticipated site life? 0 years. 18. Will project use herbicides or pesticides? I~Yes []Tqo I-1No tons/month. x~No 19. Will project routinely produce odors (more than one hour per day)? I~Yes 20. Will project produce operating noise exceeding the local ambient noise levels? I~Yes 21. Will project result in an increase in energy use? l~lYes I-INo If '~es , indicate type{s} electric~ qas 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. 24. Does project involve Local, State or Federal funding? I--lyes ~(~No If Yes, explain 4 25. Approvals Required: City, Town, Village Board dYes (ZINc City, Town, Village Planning Board P~Yes E3No City, Town Zoning Board [~Yes I-1No City, County Health Department I~Yes m-lNo Other Local Agencies B~Yes f-INo Other Regional Agencies I-lYes I~No State Agencies I~Yes f~No Federal Agencies I-lYes I~lNo Architectural Review Site Plan Waste & Haz/Material Fire Prevention Submittal Date 3/01 _ C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? I~Yes I-INo If Yes, indicate decision required: I-Izoning amendment r-lzoning variance . F-Ispecial use permit r-lsubdivision E]site plan E]new/revision of master plan [3resource management plan ~2]other change of zone 2. What is the zoning classification(s)of the site? · Marine '1 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 20% 4. What is the proposed zoning of the site? General Business 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the prdposed action consistent with the recommended uses in adopted local land use plans? DYes i-ll~ 7. What ar~ the predominant [and use(s) and zoning classifications within a ',~ mile radius of proposed action? Busin~ss, Marine-l~ Residential/Office, Presidental 8. Is the proposed action compatible with adjoining/surrounding land uses within a '~ mile? ~Yes F-li~ 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes 11. Will the proposed action create a demand for any community provided services (recreation, education, polk fire protection)? i-lYes EF1No a. If yes, is existing capacity sufficient to handle projected demand? I-lYes I-1No 12. Will the proposed action result in the generation of traffic significantly above present levels? E3Yes ~]N , a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes I-INo - D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them· E. Verification I certify th, at the information provided above is true to the best of my knowledge. If the action is ;W,(he Coasta! A~ea, and you are a state agency, complete the Coastal Assessment Form before proceedi~ with this assessment. 5 hess Summary of Trip Generation Calculation For 8 Vehicle Fueling Positions of Service Station with Convenience Market March 08, 2001 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 162.78 68.16 1.00 1302 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-Way Volume 5.03 0.00 1.00 40 5.03 0.00 1.00 40 10.06 6.01 1.00 80 6.69 0.00 1.00 54 6.69 0.00 1.00 54 13.38 7.98 1.00 107 0.00 0.00 1.00 0 Saturday Peak Hour Enter 0.00 Saturday Peak Hour Exit 0.00 Saturday Peak Hour Total 0.00 0.00 1.00 0 0.00 1.00 0 0.00 1.00 0 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS APPLICANT TI{AN-~ACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the.part of town officers and employees.. The purpose of this...form is to provide information which cap alert the town of possible conflicts of interest and ak.low it to take whatever action is necessary to avoid same. YOUR NAME: AMERADA HESS CORPORATION (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone X Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered 'YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town parent~ A) officer or employee or his or her spouse, sibling, or child is (check all that apply): the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this~ay of~2001 Signature BY,//////~2~ Print name William v. Wolfrc~ OAK PL SITE KEY MAP S E CTION BLOCK 1 V _NOTES 1. TAX MAP INFORMATION BASED ON UPON TOWN DEPARTMENT OF TAX ASSESSMENT, ,3/8/00. OF SOUTHOLD 2. ZONING INFORMATION OBTAINED FORM TOWN OF SOUTHOLD ZONING DEPARTMENT. 3. PROPERTY OWNER INFORMATION OBTAINED FROM TOWN OF SOUTHOLD DEPARTMENT OF ASSESSMENT. 4. USE OBTAINED BY INSPECTION. 5. BUILDINGS A'Rf~ SHOWN FOR REFERENCE ,AND ARE NOT TO -RAD '~, SCALE. \\ \ / I FENCE \\ LOCK ,4 / SUBJECT PARCEl' AMERADA HESS CORP I HESS PLAZA WOOODBRIDDE, N.J. 07095 C/O WIUJAM H. KOPE JR. ,3.0.0.0 MARCUS AVENUE ~E SUCCESS, N.Y. 1104.2 185 BAY A~T'r. NUE P.O. BOX 1105 PETER PElI~OWSKI 235 EAST LEGION ROAD MAYNARD PALMER P.O. BOX 951 MAT[1TUCK. N.Y. 11952 ONICA SHEPPARD P.O. BOX 269 MATnTUcK, N.Y. 11952 DEIRDRA MOONEy 11600 MAIN ROAD MASTITUCK, N.Y. 11952 LEONARD LLEt~ELYN 1625 DEEPHOLE DRIVE MATTITUCN, N.Y. 11952 MAUREEN M, MOONEY 2290 DEEPHOLE DRIVE MATllTUCK, ,N.y. 11952 LAWRENCE SUTER 5900 PECONJC BAy BL~D. LAUREL, N.Y. 11945 LUCK MILLER P,O.BOX 595 MATrlTUcK, N.Y. 11952 GLORIA & THEODORE MACEN 610 THE S~RAND EAST MARION, N.Y. 119.39 ALAN CARDINALE P.O, BOX 77 MAT~TUCE, N,Y, 11952 &01 KELL AVENUE STATEN ISLAND, N.Y. 10)14 FRANK MILO~KI 700 JOHN ROAD P.O. BOX 456 MA~rlTUCK. N.y. 11952 122 122 122 122 122 CHRJST~NA E. STFJNER 122 2 JOHNS ROAD P.O. BOX 310 MAI'~ILICK, N.y. 11952 PHILip CARDINALE 122 ?55 PECON~C DAy DLm. RfVERHFA. D,r N.¥, 11901 SUFFOLK COUN~ NA~ONAL BANK I~ ~ ~ST SECOND S~EET ROB ROy REAL~ CORp, P.O. BOX 129 1~ MACocR, N.Y. 11952 MA~CK, N.y. 11952 ~&~ ~INE FOX 1~ ~NUE MASSAPEQUA, N.Y, 11758-5227 3 4 4 4 122 ,3 10 122 3 15.1 122 3; 12,13 122 3 14.,26 122 3 16 122 S 17 122 3 1.2 122 3 2 122 3 5.1 3 3 5 33.3 50 OEOROEANN PACKARD N 11305 MAIN ROAD P.O, BOX 645 MATI~TUCK, N,y 11952 / MA~nTUOK. N.~. 11952 Fy~E.u. _CAN ~UY H. S~RNIOLO 142 2 19 R-O 14.2 2 20 R-O 142 2 21 R-O 14.2 2 22 BUS 142 2 23 R-O 142 2 8 R-40 142 2 g R-40 MARINE I RES/DERCE LOW DENSITy RES/DEN*rIAL/OFFicE ( ERAL eU NESS 500' RADIUS UNE SUBdECT PROPERTY SEC~ION~BLOCK BOUNDARY ZONE BOUNDARY LOT NUMBER MAll]TUCK, N.y 11952 DIANE DJNNIOAN C) I ,3,3,0__E_. LEGION AVT~NUE 143 4 7 ~ o o ,4,00 E, LEGION AVENUE 14.) 4- S ~ J 0 'ACCiURATELY DEPICTS THE USES OF THE ,.AT'nTUCR, N.Y. 11952 S 0..~ HEREBy CERTIFy THAT THE AREA MAP APPLICANT BETHANy CEMETARY ASSOCIATION 14.2 'PRopERTy SURROUNDING THE SUBJECT AMERADA HESS ZONING ACTION I O 0 J. 5TANLY RAERIN (-~ !P~REMISES AS OF 11/./~ ~'~ HE .... CORPORATION 25.1 'Il ~ t /~/uu. ?.'~ ~ PLAZA *CHANGE OF ZONE FROM M1 MAT~TUCK, N.y. 11052 WOODBR DGE N. L~~.._ /') . ~ , d. 07095 TO GENERAL BUSINESS ~A~NBoC~RmN~LE O ERT CA'Rq Oby' BUi ESs- --p.E. GAS STATION FACILITY PROFESSIONAL ENOtNEEE MAR~N EEINHARDT 142 2 16 FST of NY N.Y. STA~ UC. No. 070406 115~5 MAIN ROAD P.W.K. ~PRISES C/O PE~R KOPKE 142 2 ~7 1"91o0' 11-1-00 8581 6 I t I / %. / i et¸ \ ,.©-,~\ \ ~0p~ coe~ .g,d,~. od Od \ 04 \ \ O4 o~ ¢ SURV£Y FOR AMERADA HESS CORPORATION AT , MX TTf TUCK' TOwN OF SOUT~O~D SUFFOLK COUNTY, ~W YO~K SCA~E; ~ = I0' F~ ,~ ~1l du~E ~ /988 ,,~ , .~ ' , Town Clerk Copy - Siie Plan for ~ Amerada Hess Corp~, I Change of Zone Appl. ~317 P~LVE cover ROTE: NO ,94 - 85