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HomeMy WebLinkAbout4021APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTTL. HARRIS Supemimr Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, following times: 7:30 p.m. Appl. the Zoning Ordinance, FEBRUARY 22, 1991, at the No. 3995 - DAVID J. STRUPP. Variance to Article III, Section 100-33 for permission to locate tennis court and croquet court in an area other than the required rear yard, for use accessory and incidental to the applicant's residence. Location of Property: Private Road, Fishers Island, NY; County Tax Map District 1000, Section 003, Block 03, Lot 005; also referred to as Lot 6 and 5C, Block 18, Map of Chocomount 2. 7:33 p.m. Appl. No. 4001 - PAUL AND KATHLEEN FORESTIERI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article XXIV, Section 100-244, for confirmation or recognition of lot for the purposes of obtaining, in the future, a building permit for a single-family dwelling in accordance with the zoning code set-back regulations. This vacant'parcel Page 2 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 is nonconforming as to lot area in this R-40 Zone District. Location of Property: East Side of Paradise Shores Road, located approximately 1250 feet from the north side of Ba!rview Road, Southold, NY; County Tax Map Designation 1000-80-01- 024.001. 7:37 p.m. Appl. No. 4000 - SALVATORE AND JEANNE CATAPANO. Variance for approval of access pursuant to New York Town Law, Section 280-a, over a private right-of-way beginning at a point 514.73 feet from the southerly side of S.R. 25 (Main Road), along the easterly side of South Harbor Road, and extending in an easterly direction 431.56 feet to Lot %2 of the pending Minor Subdivision of the applicants conditionally approved by the Planning Board on March 26, 1990. County Tax Map Designations of the subject Right-of-Way and Lot %2 are: 1000-69-6-9.3 and part of 27 in the Hamlet of Southold, NY. 7:40 p.m. Appl. No. 4002 - FRANK C. GILBERT, JR. Variance to the Zoning Ordinance, Articles XXIII, Section 100-239.4B and Article XXIV, Section 100-244B for permission to construct new addition with an insufficient set back from the rear property line and less than 75 feet from bulkhead. The existing nonconformities of this property are the lot area and setback of the existing dwelling to the bulkhead. Location of Property: 1095 North Parish Drive at Bayview, Southold; County Tax Map Designation: 1000-71-01-011. · Page 4 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 7:53 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage structure in an area other than the required rear yard and situated approximately 40 feet from Wells Road. Premises is nonconforming as to lot area in this R-40 Zone District and fronts along Jockey Creek. Location of Property: 2725 Wells Road, Southold, NY; County Tax Map Designation: 1000-70-4-16. 8:00 p.m. Appl. No. 3990 - MICHAEL CHOLOWSKY (LORINDA C. thereto, without necessity of ownership or operation by a / not-for-profit corporation. Special Exception application tobe// filed separately, is known as 3340 Horton's Lane, / Southold, NY; County Tax Map Parcel ID No. 1000-55-1-9 and / ~ns 16.7+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for CASOLAr Owner). Variance to the Zoning Ordinance, Article III, Section 100-31B(7)(c) concerning proposed establishment, construction and operation of a golf driving range, a miniature golf course and building with office accessory and incidental Page 3 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 7:43 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Premises is nonconforming as to lot area in this R-40 Zone District, and the existing dwelling structure is nonconforming as to the westerly side yard and southerly (rear) yard setbacks. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation: 1000-128-04-020. 7:45 p.m. Appl. No. 3977 - MITCHELL MARKS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239B for approval of swimming pool, deck and fence construction with a set-back at less than the required 100 feet from bluff along the Long Island Sound. 29829 Main Road, Orient, NY; County Tax Map Designation 1000-14-2-1.6. Premises is located in the R-80 Zone District. 7:50 p.m. Appl. No. 4004 - DAVID J. VERITY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for approval of accessory storage buildings located in an area other than the required rear yard. Location of Property: 1673 ROW located off the easterly side of Rocky Point Road, East Marion, NY; also referred to as Lot #3, Minor Subdivision for Kimon and Woodene Retzos; County Tax Map Lot Designation: 1000-31-02-010.002. Page 5 Notice of Hearings Board of Appeals Regular Meeting - February 22, 1991 your presentation will be available, if needed. For more information, please call 765-1809. Dated: February 8, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ·..~.a..~.....t..~.......~ ......... · .~ .x~.. ~..~'t...~.q...I.t ~ ...... PLaASE TAra NOT~CE taut your application dated ~.~.. ~ ......... 19 ~0.. for pe=it to ~~.~ .......... , .......... ] .... , ..... - cation of Pro ' ~ ~~ Lo perry ....................................... ~ ..... . Houso No. Street Haml¢~ County Tax Map No. 1000 Section ...~. ~ ..... Block ..... ~ I . Lot ~ I Subdivision ................. Filed Map No. : ............... .Lot~ .................. ,s returned, herewith and disapproved on the following grounds..~.~..~. ~ ~.~ ......... (~ ~ · ~ ~'~' .... RV 1/80 RECEIVED APR 01 lggl S~ut~oid T~w~ Cl~t~ OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We),MICHAEL CHOLOWSKI on behalf of a ~ of 965 Brigantine Drive not-for-prolit corporation to De organized(Resfdence, 'House No. and Street) Southold, New York 11971 {Hamlet, State, Zip Code, Teleph6ne Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION (7) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): SEE ATTACHED PROPOSED SITE PLAN Establishment, construction and operation of a golf club consisting of a golf driving range, miniature golf course and office building for above. A. Statement of Ownership and Interest. leasee with option to purchase Michael Cholowsky is(are) the/~m~x~ of property known and referred to as 3340 Horton's Lane, Southold, New York (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District lO00, SectionUbb , Block u± , Lot(s) 09 , which is not (~) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the o]~]~eoe~ Auqust, 1990 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: the subject property is adjacent to business zoned property to the south and across the street is located Lucas Ford. The proposed use as a golf club will allow the property to remain largely as of the vacant land will be improved. open sapce, as only a small fraction for the following reason(s): ~(X] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: / / Sworn ~f~/~/~his" ~tday'of ZB2 (~v. 2/6/86) ,~ . C. The property which is the subject of this application is zoned A-C [ ] J.s consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of Occupancy being furnished herewith Tsi gnature ) Michae!~ Cholowsky , 1991. and /o~'-~ ~ ~-~ ? TOWN RECORD OF SOUTHOLD PROPERTY /- OWN'i~R ~ STREET VI LLAGE DIST, SUB. LOT c.c ,ol FORMER O~NER I ~ N ' [ ' . .',' ///~.~ .~,..~ S W/ ~PE OF BUILDING RES. S~S. VL FARM~/~ 3/ CO~, CB. MICS. Mkt, V~lue ~N D IMP. TOTAL DATE R~RKS AGE B~ILDING CONDITION .,:, N~ NO~AL BELOW ABOVE " : FARM Acre Value Per Value Acre ,': Tillable FRONTAGE ON WATER W~l~nd FRONTAGE ON ROAD ~e~dowl~nd DEPTH House Plot 8ULKH~D Total D~K ' o 0 0 NORTH ~REA- 15. 7351' ACRES RoAD SURVEY OF PROPERTY AT $OUTHOLD TOWN OF SOUTHOL D SUFFOLK COUNTY, N.Y. IO0O 055 ol og SCALE I' · I00' FEB. 6', 1989 CERTIFIED TO: INTRACOASTAL ABSTRACT COMPANY INC. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK TITLE NO. 365-S-460l LORINOA C. CASOLA SEQR Positive Declaration btotice of Intent to Prepare a Draft ElS Determination or' Significance Lead Agency: Southold Town Board of Appeals Project#(ifany) 402! Address: Southbld Town Hall 53095 Main Road, Box 1179 Southold, NY 11971 516-765~t809 Date: August 15, 1991 This notice is issued pursuant to Part 617~(and local law # 3-1978 if any) of the imple- menting regulations pertaining to Art(cie 8 (St~ate Environmental Quality Eeview) of the Environ- mental Conservation Law. The lead agency has determined that the proposed action described below may have a signifi- cant effect on the environment and that a Draft Environmental Impact Statement will be prepared. TltieofActlon: Mic.hael Cholowsky (Lorinda C. Casola, Owner.) SEQR Status: TYpe I [] Unlisted [] Description of Action: Proposed golf driving range, miniature golf and related office building uses as may be authorized by Special Exception by the Board of Appeals under Art. III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. The land is presently vacant. One of the requirements to be met is that the proposed project will not be operated for profit as a business enter- prises in th6s Agricultural-~6nservation (A/C) Zone District. Location: (include the name of the county and town. A location map of appropriate scale is also recommended) l 3340 Horton's Lane, Southold, Town of Southold, Suffolk County, New York. County Tax Map Parcel Designation 1000-55-1-19 containing 16+- acres. (Attach additional pages as needed) I SEQR Positive Declaration Page 2 Reasons Supporting This Determination: (See annexed sheets 3 & 4) For Further Information: Contact Person: Address: Phone Ho.: Gerard P. Goehringer, Chairman (or Lind~ Kowalski) Town Hall, 53095 Main Road, Southold, NY 11971 516-765-1809 Copies of this Hotice Sent to: Commissioner-Department of Environmental Conservation, ~0 Wolf Road. Albany, Hew York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation- Re§io[q [. Office of the Chief Executive Officer of the political subdivision in which the action well be princi- pally located - Supervisor Scott L. Harris Main off[ce and appropriate regional office (if any) of lead agency Applicant(if any) Mr. Michael Cholowsky, 6565 Main Road, Mattituck, NY 11952 All other involved agencies (if any) Environmental Notice Bulletin Southold Town Planning Board Southold Town Attorney's Office Southold Town Clerk Bulletin Board (lobby)[/~ Attorney for the Applicant, J. Kevin McLaughlin Page 3 - Positive SEQRA Declaration August 15, 1991 Title of Action: Michael Cholowsky (Lorinda Casola, Owner) Location of Site: Horton's Lane, Southold REASONS SUPPORTING THIS DETERMINATION: This determination is issued in consideration of the criteria for determination of significance contained in 6 NYCRR Part 617, the Long Environmental Assessment Form, and as noted below: 1) The proposed project site is presently vacant land, having been farmed over the years for agricultural purposes, and is located in the Agricultural-Conservation Zone District, adjoining lands to the north and east also located in the Agricultural-Conservation Zone District. 2') The proposed project site is situated opposite Lucas-Ford, an established on-premises vehicle-sales distributorship, and an auction (sales) establishment, is situated opposite residences, all of which are accessed by the same roadway(s), and which, when combined with the proposed multiple uses herein, may have a cumulative impact on the traffic pattern for this community. 3) Tthe subject site is situated less than 100 feet from a four-way intersection along a heavily traveled major road (County Road 48), and which intersection is located approximately 1500 feet east of a major four-lane express highway. 4) No turning lanes or deceleration lanes exist from the major road to turn left onto Horton's Lane, where this site is located, from any direction, and the speed limits range from 50 mph (or more) depending on the direction of travel. 5) Landscaping and buffer areas can be provided and should be considered by the Planning Board in conjunction with the site plan application on this project, as may affect nearby residences or residentially zoned properties. 6) Ail aspects of the SEQRA process are not to be construed to mean authority or interpretation in any way concerning action on the "use to be considered in the Special Exception," particularly since a public hearing has not been held and action on the Special Exception may not take place until a public hearing has been held, and since at the present time, the applicant has not provided sufficient proof to meet all provisions of the zoning code applicable to the zoning request. Subsequent to finalization of SEQRA for this application, a public hearing and other documentation will be necessary for a thorough review which will suffice to answer the question of appropriate uses and activities Section 100-30B(7) of the Zoning Code for a Special Exception. Page 4 - Positive SEQRA Declaration August 15, 1991 Title of Action: Michael Cholowsk¥ (Lorinda Casola, Owner) Location of Site: Horton's Lane, Southold REASONS SUPPORTING THIS DETERMINATION (continued): 7) Preparation of a traffic study is required and shall include: (a) description of peak hour traffic flows, a.m. and p.m. (b) vehicle mix (c) sources of existing traffic volume (d) pedestrian and bicycle environment, existing and resulting from this project (e) design for adequate and safe access to project site to handle projected traffic flows as well as pedestrians and bicyclists resulting from the proposed activities at the site (f) need for adequate traffic control devices (g) incorporate mitigation and alternative measures to reduce or minimize impacts, or to produce beneficial impacts; and (h) list underlying information, reports, studies relied on in preparation of this document, and list consultants, private persons, organizations, agencies consulted in preparing this document, as well as technical exhibits and relevant corres- pondence. 8) Completion of a corrected Long Environmental Assessment Form must re-submitted (for the reasons noted in previous communications). be DEPARTMENT OF PUBLIC WORKS COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE April 30, 1992 STEPHEN G. HAYDUK, PE COMMISSIONER Town of Southold Building and Planning 53095 Main Hoad Southold, N.Y. 11971 Attention: Gerard P. Goehrlnger, Chairman ZBA Re: nlslo C.R. ~8, Middle Road. In the vicinity of Horton's Lane. "#lchael Cholowsky- Miniature Golf Course". Gentlemen: We have reviewed the EAF for the above referenced development. Specifically note that: This Department's acceptance of the Town as lead agency, pursuant to Part 617, Article 8 (SEORA), in no way waives the County's rights pursuant to Section 239K of the General #unlclpal Law and Sectlon 136 of the Highway Law. You have noted in your determination that a Traffic Impact Study wlll be required to be submitted by the developer of this site. We request that you forward a copy of this study to our departuent when available so that we nay deterulne if any nltlgatlon will be required on the County Right-of-way of Middle Road. A permit from this DepartEent nay be required pursuant to Section 136 of the Highway Law for any lnprovements this Department deens necessary along the County right-of-way of #lddle Road based on any subsequent revlew of this project. If you have any questions, kindly contact this office at 852-4100. Thank you for your cooperation In this matter. Very truly yours, RJL/MPC/pc Richard J. LaValle, P.E. .. Paul Ca,pa Xo Permits gnglneer APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 4, 1992 J. Kevin McLaughlin, Esq. P.O. Box 803 Greenport, NY 11944 Re: Casola/Cholowsky--Minature Golf Course Dear Mr. McLaughlin: Enclosed please find a copy of a letter from the County of Suffolk, Department of Public Works regarding SEQRA in reference to the above matter. This copy is for your records. Enc. Very truly yours, .... . (e L Lorraine A. Miller § 100-13 SOUTHOLD CODE § 100-13 PERSON -- Any association, partnership, corporation, coop- erative group, trust or other entity, as well as an individual PLANNING BOARD -- Thc Planning Board of the Town of Southold. PLAT -- The map of a subdivision. PRINCIPAL BUILDING A building in which is conducted the main or principal use of the lot on which said building is located. PRINCIPAL USE -- Thc main or primary purpose or pur- poses for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. PROFESSIONAL OFFICE -- The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, ministers, musi- cians, optometrists, engineers and such other similar profes- sions or occupations which may be so designated by the Board of Appcals. PUBLIC WATER: PUBLIC SEWER- Communal sewage disposal systems and communal water supply systems as approved by public agencies having jurisdiction thereof. RECREATION FACILITY, COMMERCIAL -- An indoor or ~,'~- -rivately operated business involving playing fields, courts, arenas or halls designed tp accommodate sports and recreational activities, such as billiards, bowling, dance hails, gymnasiums, health spas, skating rinks, shooting ranges, tennis courts and swimming pools. RECREATIONAL VEHICLE -- A vehicular-type portable structure, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommedation for recreational, camping and travel use, and including but not limited to travel trailer, truck campers, camping trailers and self-propelled motor homes. Ill']SEARCH LABORATORY -- A building for experimenta- tion in pure or applied re.arch, design, development and 10028 z-zs-s9 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through £. Answers to these questions wiU be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. I.^ME OF ACT,O. APplication of Michael Cholowsky (Linda C. Casola) E~S 3340 Horton s Lane, Town of Southold, County of Suffolk, NY NAM E OF APPUCANTISPON$OR I BUSINESS TE!.EFHON E Michael Cholowsky (516~ 477-1016 C~7~RE~. Kevin McLaughlin, 828 Front St., PO Box 803 m~mo I STATE Zm CODE Greenport, I NY !!944 ADDRESS (no #) North Road, BUSINESS TELEPHONE ( I CI~IPO STATE I ZIPCODE !Hampton Bays, NY 11~4~ DESCRI~ION OF A~ION Establishment, c6nstruction and operation of a golf club consisting of golf driving raqge, miniature golf course and office building for above. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall proiect, both developed and undeveloped areas. 1. Present land use: []Urban []Industrial ~Commercial ~,Forest ~'lAgriculture ~Other 2 Total acreage of project area: 1 6.7 + acres. APPROXIMATE ACREAGE Meadow or Brushland (Nor,-agricuitural) Forested Agricultural [includes orchards, cropland, pasture, etc. I 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) qras s 3. What is predominant soil type(s) on project site? ~n~ r-IResidential (suburban) ~Rural (non-farm) 16-7! PRESENTLY ~FTER COMPLETION acres 3 ± acres acres 1 3 ± acres a. Soil drainage: X"~Well drained 100 % of sJte I-IModerately well drained __ % of s~te [-1Poorly drained __ % of site b. If any agricultural land is involved, ilow many acres of soil are classified within soil group 1 through 4 of the NYS 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? unknow~ (in feet) L 5. Approximate percentage of proposed project site with slopes: 90-10% ]. 00 % I-i10-15% % 1~15% or greater 6. Is proiect substantially contiguous to, or contain a building, site. or district, listed on the State or the National Registers of Historic Places? ~-~Yes [~No 7. Is proiect substantially contiguous to a site listed on the Register of National Natural Landmarks? I-lYes ~No 8. What is the depth of the water table~' 50+ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? nYes ~]No 10. Do hunting, fishing or shell fishing opportunities presehtly ex st n the project area? []Yes D~No 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered? r'lYes [~No According to identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, du,es, other geological formations) I-Iyes [~CNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ~Yes F~No If yes. explain 14. Does the present site include scenic views known to be important to the community? I-lYes I~No 15. Streams within or contiguous to project area: none a. Name of Stream and name of River to which it is tributary 16. Lakes. ponds, wetland areas within or contiguous to project area: a. Name non~ b. Size (tn acres) 17. Is the site served by existing public utilities? l~Yes r~No · a) If Yes, does sufficient capacity exist to allow connection? ~]Yes {~No · 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, ,~rticle 2S-AA, Section 303 and 304? r~Y~s ~;~No 19. ts the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 ~Yes ~;'~No 20. Has the site e~'er been used for the disposal of solid or hazardous wastes? []Yes Z-~No B. Project Description 1. Physical dimensions and scale of prolect (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ]-6.7 ± b. Project acreage to be developed: 4-+ acres initially; 4+ c. Project acreage to remain undeve!ooed 12-+ acres. d. Length of proiect, in miles: n/a (if appropriate) e. If the proiect ,s an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing 0 .; proposed ,~0 g. Maximum vehicular trips generated per hour 20 Cupon completion of prolect)? h. If residential: Number and type of housing units: n/a One Family Two Family Multiple Family Init,alJy Ultimately , D,mens~ons(in feet) of largest proposed structure 18 height; 30' w~dth; 40 length. j Linear feet cf frontage along a public thoroughfare prolect will occupy is? 690-+ ft. acres. acres ultimately. Condominium 3 tons/cubic yards 2. How much natural material (i.e.. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? [~Yes r-lNo F'IN/A a. if yes. for what intend . purpose is the site being reclaimed? golf driving range b. Will topsoil be stockpiled for reclamation? []Yes J~]No c. Will upper subsoil be stockpiled for reclamation? PRYes , I-)No 4. How many acres of vegetation (trees, shrubs, ground covers] will be removed from site? 3+ acres $. Will any mature forest (over 100 years cid) or other ,locally-important vegetation be removed by this proiect? F-lyes ~No 3-4 6. If single phase proiect: Anticipated period of construction months. (including demolition). 7. If multi-phased: n/a a. Total number of phases anticipated Inumber). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? I~yes ~No 8. Will blasting occur during construction? r-lyes 9. Number of jobs generated: during construction 1 2 ; after project is complete 4 10. Number of jobs eliminated by this proiect 0 . 11. Will project require relocation of any prolects or facilities? I-lyes []JNo If yes, explain year, (including demolition). year. 12. is surface liquid waste disposal involved? I~Yes [~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? [~L'Yes r-INo Type cesspools 14. Will surface area of an existing water body increase or decrease by proposal.;' I--lYes Explain ~!No 15. is project or any portion of project located in a 100 year flood plain~' I-lYes k--INo 16. Will the project generate solid waste? ~:Yes ~No a. If yes, what is the amount per month 1 tons b. If yes. will an existing solid waste facility be used? r~Yes Q-)No c. If yes. give name .qouthold Town T,andfil~location Cutchoqt~e d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? nYes e. If Yes, explain 17. Will the project involve the disposal of solid waste? r~Yes lLaNo 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? EYes :~No 19. Will project routinely produce odors (more than one hour per day)? I-lYes IL'INo 20. Will project produce operating noise exceeding the local ambient noise levels? I--lYes 21. Will project result in an increase in energy use? ::~Yes nNo If yes , indicate type(s] electric 22. If water supply is from wells, indicate pumping capacity unknown gallons/minute. 23. Total anticipated water usage per day ~00 ga)Ions/day. 24 Does project involve Local, State or Federal funding? 0-1Yes [~No If Yes. explain ~No '~No L 25. Approvals Required: City, Town, Village Board []Yes ¢-INo City. Town. Village Planning Beard ,~Yes []No City, Town Zening Board r~Yes []No City, County Health Department CqYes (-1No Other Local Agencies r-lYes r-INo~ Other Regional Agencies I'~Yes [:]No State Agencies [-1Yes I~No Federal Agencies r-lYes [:]No C. Zoning and Planning Information Submittal Type Date Site plan approval · special exception 1. Does proposed action involve a planning or zoning decision? ]~[Yes ~lNo If Yes. indicate decision required: I~zoning amendment C'lzoning variance r-lspecial use permit I-isubdivision [~site plan [newlrevis~on of master plan []resource management plan I-lother 2. What is the zoning classification(s)of the site? A/C Zone District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? upon oPt.special ~ending 4. What is the proposed zoning of the site? same S. What is the maximum potentia( development of the site if developed as permitted by the proposed zoning? 6 Is the proposed action consisten: with the recommended uses in adopted local land use plans? ~'Yes 7. What are the predominant land use{s) and zoning classifications within a '~ mile radius of proposed action? mixed commercial office and residential l=,No 8 Is the proposed action compatible with adjoining/surrounding land uses within a V~ mile? :;~Yes ENo 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? I~Yes [~No 11 Will the proposed action create a demand for any community provided services (recreation, education, police. fire protection)? ;-~Yes ~'lNo a. If yes, is existing capacity sufficient to handle projected demand? I~Yes ~-INo 12 WiU the proposed action result in the generation of traffic significandy above present levels? C1Yes a. If yes, is the existing road network adequate to handle the add tionai traffic? ~--¥es ?~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there 'are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. '- E. Verification I certify that the Informat~on provided above is true to the best of my knowledge. / · App"can ,'S0onsor ) a,o "/It If the action~in theJ~astal Area. and you ar~tate agency, comp ere the Coastal As~sment Form be,ore proceeding wilh Ibis assess~ 5 % ,. : . Page.18 - January Il, 1991 ~"'::~ii Public IIearIng - Gregory Fegos Southold Z.B.A, We thank you very much for driving all I make a t.o the next CHAIRMAN GOEHRINGER: the way out here, MR FEGOS: I thank you and I mapologize again. CHAIRMAN GOEHRIS'GER: No problem. Good night. motion reserving my decision of rece~;sin9 it regularly scheduled meeting ,nnd closing the hearlng at this point. I want to withdraw it. I make a motion withdrawing my first decision. I make a motion closing this hearing and reserving 'decision until later. All in favor AYE. Appl. No. 3990 Applicant(s): Chol~wsky/~ol,~ Location of Property: 3240 ~ .... ,'~- ~Io.~or.., Lane, Suuthold County Tax Map ID No. ~'!~.~ The Chairman opened thc he%tring ~!~ 8:40 p.m. and,read the notice of hearing and applicatio~] for the record. CHAIRMAN GOEHRrNGER: I have ~opy of thc ~!te plan produced by Fairweather and Brown Architects Desi:~ners from 122 Fron! St. Greenport, NY dated 10/15/90 indicating this particular site plan, Are there people in the audience who would like to see this site plan prior to the discussion of this :~.hearlng? .... ~3 .... : Can--I ask a question? Is that similar to the map that appeared in Thursday's Suffolk Times? -CHAIRMAN GOEHRINGER: I think it is. Of course it's,reduced' a great amount. AUDIENCE: Yes. CHAIRMAN GOEHRINGER: Yes sir. ~.~. ~ That's why I asked you are welcome to. AUDIENGE: I would like to see it. ~ ~: CHAIRMAN GOEHRINGER: Sure, What we will do here at this particular point then Is Just allow anybody that would like to take a look for a couple minutes. Who would like to be heard on behalf of the applicant? Mr. McLaughlin? MR MCLAUGHLIN: Thank you Mr. Chairman and Members of Board. I'm here on behalf of the applicant Michael Cholowsky, Basically what we have here is an approximately 17 acre Page Public Hearing - Cholowsky/Cas0Ia Southold Z,B,A. with an.application for a special excention ,~na ~..~{~ ~::~"?~'":~approval from the Plann'ing Board on behalf of a o er~ti - p ' O n ~-:t:~-~that. . , ~s:go~ng-tb"be,r~un as--.a business profit operat~on~',,~:~'. .CHAIRM~{ GOEHRINGER: . This Is a AC D]str]ut? ~R,:MCLAUGHLIN,-- That is correct. Any of the ]=-,~ goncern~ng the manner .~n which th~s operation shall be conducted or how it shall be built and operated [eally I' th~nk shoQld moral'properly ref]ncted ~ ] future hearinc '~:~;-"~::~;-~.:.'regard[ng special exception use a~d or site plan This again is a very llmited Issue that we are here before Fthis Board tonEght. We are certainly happy to discuss the: project, to answer any questions thc~t any one may have : .relation to-the, project and Mike Cholowsk}, and his father a~e here'and ~f there any questions we weuld be happy to address them. _ CHAIRMAN GOEHRINGER: Will there bc any lighting on the " driving range? MR MCLAUGHLIN: Yes I believe that shows on the s~te plan. The lighting that will be directed bas~ually outward [rom th~ tee area to the landing area fo~ the golf balls. parcel of property on Horton's Lane which is aln'ost directly acros= the ~treet from existing Lucas Ford facility. What the applicant proposes to do is erect a driving range - miniature golf and.related b~[lding~and facilities, What we a~e here for this evening ts~'a very limited issue, The _ .:- zonlng~code of this Town has a-regulation as far as th~s spqcial exception use and the agricultural conservation district which makes it a requirement that any type si ~ac~lity like this mus~ be opcratcd as a not-for-profit type of bu~ness,.,~.I,-have,submitted, to this Board,a memorandum-~[ :::~:?3:~.Iaw and I th~nk it's very clear ~n my m~nd from my research that the courts of th~s state will not allow s]ch a Provision to prevail, It's the pruvince si zonlng and planning to limit and control the uses to which a property is put, It is not the province of zoning or planning ~o attempt to dictate ~ .~ who can use the proporty and what thls provision 6f the ~'~:~'~-~4speclal exception usc docs is try to limit that type of ,> %J entity which can operate this kind of busincss, I think if ..L you have had a chance to revicw my memorandum you'll see that ~f~:-~all the courts of the state including the h~ghest court , Court si Appeals, have ruled that such limitations are ~llegal nullify basically, ~o w[a~ we are h~re for this evening ~s simply that variant'ce. ~o allow us to go forward Page 20 - January 11, 1991 Public Nearing - Cholowsky/Casola Southold Z.B.A. are looking and correct me if i'm wrong, Mr. McLaughlin, you are looking for either relief from that number which is number 7C at 100-31 page 1041 which says "such use shall not be conducted for profit as al~business enterprise." ~c? -- MR MCLAUGNLIN: I am looking for relief from that and altow~ng us to if we can obtain future necessary approvals from this Board in the way of a special exception and from .~[:,, the Planning Board a site plan approval to be able to operate >~.~'~ for business purpose. Not as a not-for-Profit tYPe of · CHAIRMAN GOEHRINGER: My only concern i~ that I assume that we have pre-uxiting golf courses and we h~ve a pre-existing ~ miniature golf course and we used to have a pre-existing ~,~ '~'driving range in the Town of Southold. If we were to relieve ~ this condition, or to vary it somewhat, this would cause a precedent, so to speak, within the Town. That is my only ·" concern at this point. It could not only affect this .~ ,~particular project but many other projects and that is my ~,~.'~ ultimate concern. I have heard of discussions of construction of a 200 acre golf course in Laurel, which would certainly not operate unless'it was operated for profit. · MR MCLAUGNLIN: Unless it was a private club. CHAIRMAN GOEHRINGER: Similar to North Fork Country Club. I have also heard discussions about Islands End being profit or not-profit I really don't ha~e that at this particular point ~d~{t is probably pre-exist~ zoning anyway. That's my main ~ "; --. . concern at this point Do you have anything you would like to say in that area? " MR MCLAUGHLIN: Well ! think obviously every application has to stand or fall on it's own merit. I suppose there is ,~,.~- ,. -~egitimacy to your concern and people would certainly come .... back and point to this. If I'm denied the relief at this Jii'~.i ' point obviously I think I have no alternative but 'to go forward and again I think the precedents that I have provided to you in my memorandum of law would indicate that I will ultimately prevail probably. If that were true if I had to go that route and I did prevail then that portion of that zoning ordinance would then be gone throughout the Town. It would then not be limited with my application. CHAIRMAN GOEHRINGER: I think what you had better let us do is recess this hearing to the next regularly scheduled monthly meeting and in the interim we will discuss your memorandum of the law with out Town Attorney and we will go from there. Now that is not meaning that we will have it in Page 21 - January 11, 1991 Public Hearing - Cholowsky/Casola Southold Z.B.A. the early part of February, it will be the one in the later part of February MR MCLAUGHLIN:_~My only c-o~'~G~]f~'~' ~ that we ~o try to this along as expeditiously as possible b~.cause obviously do have other, assuming that ~e get beyond this stage, we do have~ther hurdles to overcome and we would like to progress as quickly as possible. CHAIRMAN GOEHRINGER. Are your applicant~ contract vendee~ -?~{"do they own the property? .~.~'.-" .-~-' - MR MCLAUGHLIN: They are long term leasee' with option to purchase. ~',{"?[..CHAIRM~ GOEHRINGER: I don't particularly want to, to be honest with you, continue this to any great degree what I '~-want to do Is Just discuss it with the Tz. wn Attorney. We have been very busy on motlon~ and all the rest of it I have not gotten chance to discuss this with them. I should point ?t'-(out,i for the audience that It is the nature of this Board when a person brings a hearing befor~ our calenda~ that we do hear the, case and we do appreciate everybody coming out here. I Just want to mention for the audience again that you have the perfect right to ~' ' · ~p~a~ tonight that this is a preliminary meeting for that sole purpose of dealing with the issue of not-for-profit ~s opposed to profit which exists in the code. MR JOHNSON: ~I live on Hot,oh's Lane. It's my understandin, -~%~$3~{~-~the~rev~ous ~peaker, this point of law would allow him ~ <'~'~,~.'b~ild....~* a fat' .rendering plant for any particular business ." CRA[RMA~'GOEHRINGER: -I d6n't know because I have not completely reviewed the memorandum off law. That fsa ~r~uestion however though. After we give the Town Attor,neY a copy of this that you might ask the Town Attorney. ~'' MR JOHNSON: If it seems so unusually wrong to be able to that ..... :~- ...... ~;~,~ ............ CHAIRMAN GOEHRINGER: There is no que[:ti~n that when with the gentlemen who immediately sits to my ]eft and should mention this gentlemen has been on this Board for along with gentlemen that is just in the hospital. him uniquely, at a Joint meeting with the Board from the Inc. Village of G~uenport and the State came down and we were dealing with a training session. I said to him "Charles Grigonis tell me why what brought zoning of Southold?" ~He ~old me that somebody wanted to build Page 22 - January 11, 1991 Public Hearing - Cholowsky/Casola Southold Z.B.A. sauerkraut factory in a residential district. That is basically, if that answered your question, fine. MR JOHNSON: Thank you very ,much. MR MCLAUCHLIN: If I could Juht briefly respond to that. My 8pplt~ation is not to allow us to do any kind of profit business that we want to do there. My application is simply to allow us to operate, in our particular instance, the golf driving range and miniature golf for profit as opposed not-for-profit. As far as the public would be concerned, there would be absolutely no difference between the two operations. To walk upon the site you would sec absolutely no difference between a profit and a not-profit. We are not proposing to do anything other then what is allowable as a special exception in the AC District. We are merely asking that as opposed to having to form a not-for- profit corporation and operate a business without making a profit. That we will be able to do It as a regular business corporation, partnership or individual ownership. CHAIRMAN GOEHRINGER: Please understand that I arq not comparing your clients project to a sauerkraut factory or anything of that nature because I am not. MR MCLAUGHLIN: "I was basically responding to the question and we are limited to what we could ever hope to be able to do under a special exception to those uses that are allowable for .special exceptions. MR WINTERS: I live on Hortons Lane. I would like to ad~ instead of going into my feeling about whether or not a drlv~ng range constitutes a golf course and speak to the question brought up by counsel of. the applicant and due respect to Lawyer McLaughlin. The wording on this I went -back to the zoning book and when you get into a AC District it talks about preservation, It talks abuut ~esidentlal development with a minimum of two acres. It talks about certain exceptions, maybe a two family home, possibly a nursery, a church, things like that. A golf driving range seems ~ far cry, to me, from being anything with any kind of agricultural or conservation orientation. It's a business pure and simple and it belongs in the business district, not · in a residential district which AC is. In fact AC is probably more restricted in terms of residential zoning then is a pure RE. Because it addresses the wide open ranges and the preservation of the flavor of the Town. The agricultural flavor of the Town. In any event, getting down to the possible exception uses, one of them refers to and I'm going to read if I may, beach clubs, tennis clubs, country clubs, Page 23 - January'il,- 1991 .... '" ' Public Hearing Cholowsky/Casola Southold Z.B.A. .... ~onight. You can't do that because ~.-~ ~..__ This is not the way this was written way. · CHAIRMAN GOEHRINGER: Thank you. MR MORTIGER: I own property on North Sea Drive and his opinion. golf clubs, public golf courses, I presume that would be something like the county course in Rlverhead, an annual membership clubs catering exclusively to members and guests.;--When the conditions~of that, I'm trying to get Lawyer McLaughlln's point. Is that such use shall not be '~ - conducted for profit as a business enterprise. It's my guess in r~-~'dlng this and thinking about it a little bit, that the authors of the zoning law put that in there for very a ?i~.~:~specific purpose because they knew that beach clubs, 3.1"~!?clubs,-country clubs, 'golf clubs, public golf courses that :?'[i?~Wouldn't apply, but that's a little different. An annual ";~:~ membership clubs are.not-for-profit. There maybe some exceptions to that like Islands End which you said pre- existed zoning anyway. A private membership only exclusive membership only North Fork Cuuntry Club. For example: Developers flock to these clubs to build residential areas, ...residential homes surroundlng them, because it enhancen the .value of a residence rather then retracting from it. As I ..- suspect that a golf or driving rang~ and miniature golf is '' ~that you probably would with lights and this type of ~hing. -- I don't think anybody is going to flock to put in a -.-~ residential subdivision surrounding a golf or driving range. I believe that to take the for profit or the not-for profit issue pull it out separately and try to deal with it alone not the intent of the way the zoning by it's authors. I think is.unfair to thc zoning section as a whole to try to fracture what was originally set out. It is In there as a condition to make sure-that if a golf club does go in to a AC area,--a residential a£ea, it is in indeed a private, ~e~sive golf'-club that is going to enhance the residentia area, blend in with the residential area and not be something-'! other then that. Not-for-profiL io' a different issue from that and I don't think that it can be dealt wit!] separatel It is the only thing that we are allowed to talk abo~]t we do It's Just wrong. It can't be done that Second MS FISHER: I live at the very end of Hortons Lane and I would like to say that I agree with everything that Mr. Winter.'; just said. MR BOOS: Horton's Lane. ,Considering the situation here and I'm not going to say very much except that I consider the fact that Lucas Ford is across the street ~s pretty Page 24 - January 11, 1991 Public Hearing - Cholowsky/Casola $outhold Z.B.A. I don't feet that more distress Is area distressing already and necessary. MR PATAGL~A: I live on Horton's Lane. I agree with Mr. Winters. In addition we, there are many people in this that don't, haven't heard about this plan going in. Haven't and been.advised and haven't had a chance to come up here oppose it. If we could get a continuance. is what we are going to do ,, ]2~i'CHAIRMAN GOEHRINGER: .That ~r,~:~{~,tonight. >Thank you. "" MR REGAN: I also live on Hortons Lane. We feel very ~strongly about this. First of all there will be a great deal . of traffic, there will bu lights. What we are really ,~ concerned about is that it could turn into a like it did in Farmingdale some years ago. We are very much upset over the idea of not having a continuance until all of our . _ people are available to come here and talk about it. CHAIRMAN GOEHRINGER: Thank you. MR STOLLMEYER: I live on Soundvlew Ave near the corner of Horton's Lane and want to agree with all of the former speakers. ~ ~' CHAIRMAN GOEHRINGER: Thank you sir. MS LEPRESTI: I also live on Horton's Lane and I am very much oppgsed to this whole proposition. We are very worried ~HAIRMAN GOEHRINGER: Thank you. ..... MR MCLAUGHLIN: Just a couple of points to 'r. eiterate. _. Whether this operation is done as'a not-for-profit operation -or whether it is done as a profit operation it's the same facility. Secondly if it is not a special exception use in ~ , this district there is no other district within the Town of ~.~-'~:, Southold in which it falls. This is the specific district in which an operation such as this sort was put into the zonin9 ordinance and it's my position to this Board that the attempt within that ordinance to limit it to a. type of person that can own and operate that business is Illegal. It canno~ be done legally. That is thc sole point that I want to make to the Board this evening. Again assuming that we go on to the , next step any and all questions regarding the actual operation of the facility will be open again to public comment as well an continuation of this hearing. We are happy to sit down and talk to people about this at any point in time and see if we can overlay some fears. Page 25 - January 11, 1991 Public Hearlng - Cholowsky/Casola $outhold Z.B.A. We thank you all CHAIRMAN GOEHRINGER: Thank ybu. for coming in. We will continue this hearing around mid February. We will feadvertise-it in the interim. ~-Everybody thank you your courtesy and have a safe trip home. Hearing no further comment I make a motion to recessing it to the next regularly scheduled monthly meeting. fay '-Ay ~-'-~NEY'S BEACH CIVIC i ASSOCIATION. INC. ~4 ' P. o. Box No. SOUTHOLD, N. Y. 11971 /,!i~/j~i/~~~/j/,, ~1~/~ Mr Scott Harris, Southold Town Hain Road Southold, New York Eupervisor 11971 Re: ?onino Board Revised Applicatio? 24021 Withdrawn application #399~ Dear Mr Harris Again, our organization opposes the a!~ove application for permission to use this property as a qolf drivinc range and miH~ure golf course. This complex will have a neoative imDact on our community as well as the environment. If this project is approve~ what can ~.~e expect next, a ferris wheel and parachute jump to compliment the range? Thank you for your continue~ attention an~ concern in our community. truly yours, ~/tline ~ichter ~resident July 20, 1991 Members of The Zoning_ Board of Appeals: , The undersigned residents of the Town of Southold oppose application #/~O21 which seeks permission for a proposed use as a ~o]f driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and %he Town. The application is the same as application 5990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it iL really unchanged from the earlier application and use. The app]ication is inconsistent with good planning and the pub]ic welfare because the proposed use is a high traffic use that wi]./ stress an already dangerous inter- section (Horton Lane / Rte. ~8) which'is the main road to McCabes Beach and a principal street leading to Southold town. The application wi]] have major impact on the environment of the town , and requires a complete environmental review bel'ore further consideration. Sinc~ly, .VI,NCENT F. REGAN 5860 HORTON .b~J.E_ ~ $OUTHOLDo N- ~.~ / We, the undersigned residents of the Town of Southold, submit this petition to the Southold Town Board of Zoning Appeals in opposition to Application F'~"~t~now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board of Appeals for the use now proposed on the plan associated with Application J~-'g~. ~ The proposed usc a~ a "golf ball driving range and mini- ature golf concession", either f~r profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application ~ ~c as an attempt t~ncroach into a residential area which i~ off the approPriate co~~l main highways. Such encroachment is a general concern which should all of the residents of the Town of Southold. N~E ADDRESS 8. 9. 10. 11. 12. 14. 16. 17. 18. 19. We, the undersigned residents of the Town of Southold, submit this petiti~4~ the Southold Town Board of Zoning Appeals in opposition to Application #~now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board of Appeals for the use now proposed on the plan associated with Application # ~.~ The proposed use as a "golf ball driving range and mini- ature golf concession", either fer profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~as an attempt tn/ncroach into a residential area which i~ off the appropriate commercial/retail 'n hi hwa s. Such encroachment ma~ g Y all of the residents of the Town of Southold. N~E A~RES~ 13. 14. 15. 16. 17. 18. 19. 20. I We, the undersigned residents of the Town of Southold, submit this petition tq the Southold Town Board of Zoning Appeals in opposition to Application # ~ow being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of thb Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board ~o_f.Appeals for the use now proposed on the plan associated with Application # .~. The proposed use as a "golf ball driving range and mini- ature golf concession", either fer profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application #~ as an attempt t~ncroach into a residential area which i~ off the appropriate commercial/retail main highways. Such encroachment is a general concern which .shon!d ~b~ ~h~r~d ~ 121991 all of the residents of the Town of Southold. NAME ADDRESS 399(b 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. 16. 17. 18. 19. 20. We, the undersigned residents of the Town of $outhold, submit this petitio.n t9 ~P=R I now the Sonthold Town Board of Zoning Appeals in opposition to Application # ~ being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density RUsidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Boar~ppeals for the use now proposed on the plan associated with Application #~. The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~ as an attempt t~ncroach into a residential area which i~ off the appropriate c~mmercial/re~, main highways. Such encroachment is a general concern which, Should be shared all of the residents of the Town of Southold. JUL ~ ~ ~9~ // $. We, the undersigned residents of the Town of Southold, submit this petition to. 'the Southold Town Board of Zoning Appeals in opposition to Application # now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental aad totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Boar~^o~ Appeals for the use now proposed on the plan associated with Application #~. The proposed use as aq42~ "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # 3~as an attempt t/ncroach into a residential area which if off the appropriate commercial/re~~-i~--'--~ main highways. Such encroachment is a general concern which should be shared by all of the residents of the Town of Southold. i~ JUL I ~ [~9t NAME ADDRESS 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. We, the undersigned residents of the Town of Southold, submit this petition tQ the Sonthold Town Board of Zoning Appeals in opposition to Application #~ow being considered. The basis of our ~pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board of Appeals for the use now proposed on the plan associated with Application # The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~as an attempt t~ncroach into a residential area which i~ off the appropriate~e~:~e~. main~ highways. Such encroachment is a general concern which sh~:be:share~y! all of the residents of the Town of Southold. NAME ADDRESS 2, We, the undersigned residents of the Town of Southold, submit this petiti~ 'the Southold Town Board of Zoning Appeals in opposition to Application #--~now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Boar~lAppeals for the use now proposed on the plan associated with Application #~ The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~as an attempt t~ncroach into a residential area which i~ off the appropriate commercial/retail main! highways. Such encroachment is a general concern which should be shared by all of the residents of the Town of Southold. NAME 2. ADDRESS Be 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. lg. We, the undersigned residents of the Town of Southold, submit this petition to the Southold Town Board of Zoning Appeals in opposition to Application # ~-now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Boar~ of.Appeals for the use now proposed on the plan associated YO,~ [ as a with Application #~. The proposed use "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # 3~as an attempt t~ncroach into a residential area which if off the appropriate commercial/retail main highways. Such encroachment is a general concern which should be shared by all of the residents of the Town of Southold. 00L ~ 2 I~!~[ NAME ADDRESS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. We, the undersigned residents of the Town of Southold, submit this petition to, the Southold Town Board of Zoning Appeals in opposition to Application #~ow being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board of Appeals for the use now proposed on the plan associated with Application #~v.'~'~':'~] The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~as an attempt residential area which is off the appropr~ate~n~r~I~C~tall t~ncroach into a ' ~.t~_~ . , ~ , main highways. Such encroachment is a general concern which shO~dbe/ Shared by all of the residents of the Town of Southold. '', ~_ [ 2 NAME ADDRESS o 4. 5. 6. 7. 8. 9. 10. 11. ]2. 13. 14. 15. 16. 17. 18. 19. 20. We, the undersigned residents of the Town of Southold, submit this petition t~ ow the Southold Town Board of Zoning Appeals in opposition to Application #' being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of thb Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board, of Appeals for the use now proposed on the plan associated ~0~1 with Application # ~";';'~ The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~-a~':~n'~a~ti tJncroach into a residential area which i~ off the appropriate commercial/retail mainZ highways. Such encroachment is a general concern which should b~.$h~m~d by all of the residents of the Town of Southold. NAME 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. We, the undersigned residents of the Town of Southold, submit this petition to the Southold Town Board of Zoning Appeals in opposition to Application #~now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of thb Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board of Appeals for the use now proposed on the plan associated with Application #_,::~L~. The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~ as an attempt a residential area which i~ off the appropriat~i'~-~~ tT__croach into main highways. Such encroachment is a general concern which sh~ b~ all of the residents of the Town of Southold. N~E ADDRESS 6. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ~We, the undersigned residents of the Town of Southold, submit this petitVg~t/ the Southold Town Board of Zoning Appeals in opposition to Application # '399~3 now being considered. The basis of our 5pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board. of Appeals for the use now proposed on the plan associated with Application #.~. The proposed use "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # ~'~ as an attempt t croach into a residential area which i~ off the appropriate commerci~l[r~f~ main highways. Such encroachment is a general concern which should be shared by all of the residents of the Town of Southold. NAME ADDRESS o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. We, the undersigned residents of the Town of Southold, submit this petitipn tp the Southold Town Board of Zoning Appeals in opposition to Application #~ow being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density R~sidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Boar~o~lAppeals for the use now proposed on the plan associated with Application #/~. The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # 3~as an attempt t croach into a residential area which i* off t,~)~r~}g-~~l/retail main highways. Such encroachment is a general concern which shouS~ ~Xshared by ali of the residents of the Town of Southold. ~ JHI ADDRESS NAME ~ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Members of The Zoning Board of Appeals: July 20, 1991 We are writing to voice our total Opposition to Application #4021 currently being considered by your board. We believe that the proposed use ns a golf ball driving range and mini- ature golf course, not for profit is inconsistent with what the code is specifying. Please do not let the applicant twist the words in the code to their benefit, therefore destroying our neighborhood which is an existing Agricultural Conservation District-Low Density zone. We also believe the traffic on Hortons Lane and at the inter- section of Hortons Lane snd County Rte. 48 woul~ bE more drastically increased on roads that cannot handle the traffic now. Please protect the residents of Hortons Lane and Southold Town by encouraging the applicant to buy commercial retail property where this type of use would be allowed. S~cerely, ~ . Lori E. Salmon William F. Salmon 3575 Hortons Lane Southold, NY 11971 July 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #/~021 which seeks permission for a proposed use as a io]f driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultara]. Conservation District when it iS really unchanged from the earlier application and use. The the 'tra ffJ c section McCabes town. application is inconsistent with good planning and public we]fare because the proposed use is a high use that will stress an already dangerous inter- (Horton Lane / Rte. f~8) which is the main road to Beach and a principal street leading to Southold The applicati(~n wi]] have major impact on the environment cf the town , and requires a complete environmental review before further consideration. Sincere/l~, Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #4021 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town· The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it ii really unchanged from the earlier application and use. The application is inconsistent with good planning and the public we]fare because the proposed use is a high traffic use that will stress an already dangerous inter- section (Horton Lane / Rte. 48) which is the main road to McCabes Beach and a principal street leading to Southold town. The application wi]] have major impact on the environment of the town , and requires a complete environmental review before further consideration. Sincerely, July 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #4021 which seeks permission for a proposed use as a loll driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town· The application is the same as application 3990 which was withdrawn last year· The new application is an attempt to hide the fact that the proposed use now complies w~th the Agricultural Conservation District when it 1~ really unchanged from the earlier appitcafii0n and use. The application is · the public we] fare tra£fJ c section McCabes iown · inconsistent with good planning and because the proposed use is a high use that will stress an already dangerous inter- ([{orton l,ane / Rte. l~8) which is the main road to Beach and a principa]'street leading to Southold The application will have major impact on the environment of the town , and requires a compl'ete environmental review before f,~rther consideration. Sincerely, Jiffy 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #;~021 which seeks permission for a proposed use as a ~,olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 5990 which was withdrawn last year. The new applicatioD is an attempt to h~de the fact that the proposed use now complies w~th the Agricultural Conservation District when it i~ really unchanged from the earlier ~j,D]ication and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic sect]on McCabes town. use that will stress an already dangerous inter- (}{orton Lane / Rte. ~8) which is the main road to Beach and a principa].'stre~t leading to Southo]d The application will have major impact on the environment of the town , and requires a compl'ete environmental review before f,~rther consideration. Sincerely, Jhly 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the To~n of Southold oppose application #7~O21 which seeks permission for a proposed use as a ~.olf driving range and miniature golf facility· The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new applicati~D is an attempt to h~de the fact that the proposed use now complies with the Agricultural Conserw~t~on District when it i~ really unchanged from 'the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a hi,Ih traffic use that will stress an already dangerous inter- section (}{orton Lane / Rte. ~8) which is the main road to McCabes Beach and a principa'l'street leading to Southold town. The ap[~/lcation will have major impact on the environment of the town , and requires a comp]'ete environmental review before f,~rther consideration· Sincerely, J'uly 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #4021 which seeks permission for a proposed use as a iiolf driving range and miniature golf facility. The application ~ a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 5990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conserw~tJon District when it ig really unchanged from 'the earlier application and use. The app]ication is inconsistent with good planning and the public we] fare because the proposed use is a high tra ffi c section McCabes town. use that will stress an already dangerous inter- (}{orton Lane / Rte. 48) which is 'the main road to Beach and a principal'street leading to Southold The aop!icat]on will have maoor impact on the environment of the ~own , and requires a comp]'ete environmental review he~'ore f, lrther consideration. Sincerely, 0 / 0 ' J~ty 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the To~n of Southold oppose application #/~021 which seeks permission for a proposed use as a [.olf driving range and miniature golf facility. The a~plication is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new applicatioD is an attempt to hide the fact that the proposed use now complies with the Agricultural Conserw~tJon District when it ]i really unchanged from the earlier application and use. The application is inconsistent with good planning and the public we]fare because the proposed use is a high tra£fJc use that will stress an already dangerous inter- section (}{orton Lane / Rte. hS) which is the main road to McCabes Beach and a principdl'street leading to Southold to~n. Tho application wi]] have major impact on the environment of the town , and requires a comp]'ete environmental review before f, lrther' consideration. Jhly 20, 1991 Members of The Zoning Board o£ Appeals: The undersigned residents of the To~n of Southold oppose application #/iO21 which seeks permission for a proposed use as a ~olf driving range and miniature golf faciZity. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year. 'Phe new application is an attempt to h~de the fact that the proposed use now complies w~th the Agricultural Conservation District when it i~ really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic use that will stress an already dangerous inter- section (}{orton Lane / Rte. /~8) which is the main road to McCabes Beach and a principal's'treet leading to Southold town, 'l'h~.~ appllca'tJon will. have ma~or impact on the environment of the town , and req[]lres a comp]'ete environmental review before f,~r'ther consideration. Sincerely, JuLy 20, 199!. Members of The Zoning Board of Appeals: The undersigned residents of the To~n of Southold oppose application #4021 which seeks permission for a proposed use as a loll driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new applicatio~ is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it ~e really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high tra£fJo use that will stress an already dangerous inter- section (Horton Lane / Rte. 48) which is the main road to McCabes Beach and a principal'street leading to Southold 'l'},e ai,l~lic~t]on will have major- impact on the environment of the town , and requires a comp]'ete environmental review before £,~rther' consideration. . ' Sincerer/ /?77/ Jil!y 20. 199'! Memb~.~,s of F'he ZoninF Board of Appeals: The undersigned residents of the To~n of Southold oppose application #4021 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application }990 which was withdrawn last year. The new applicatiqn is an attempt to h~de the fact that the proposed use now complies with the Agricultural Conservation District when it i2 really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic use that will stress an already dangerous inter- section (}{often Lane / Rte. ~8) which is the main road to McCabes Beach and a principai.'street leading to Southo]d application will have ma3or impact on the environment the town , and requires a compl'ete enviPonmenta] review /)el'ore £qrther' consideration. fl/,, dilly 20, 199] Members of The Zoning Board of Appeals: The undersigned residents of the To~n of Southold oppose application #4021 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th6 Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it f2 really unchanged from the earlier application and use. The application is inconsistent with good planning and 'he public welfare because the proposed use is a high tra£fic use that will stress an already dangerous inter- section (t{orton Lane / Rte. 48) which is the main road to McCabes Beach and a principal street leading to Southold The application will have major ~mpact on the environment o f' t, he town , ar:] requl res a comn]'ete envi ronmenta] review M~f'ore f,~rther' consideration. Jhly 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the To~n of Southold oppose application ~/1021 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 5990 which was withdrawn last year. The new application is an a~tempt ~o h~de the fact that the proposed use now complies w~th the Agricultural Conservation District when it l~ really unchanged from the earlier application and use. The application is inconsistent with good planning and the ~ublic welfare because the proposed use is a high tra£f]c use that will stress an already dangerous inter- section (Horton Lane / Rte. ~8) which is the main road to McCabes Beach and a principa]'street leading to Southold to% . The application v,i]l have major impact on the environment of the town , and requires s comn]'ete environmental review before f,~rther consideration. Sincerely, Jhly 20, 1991 Members of The Zoning Board of Appeals: The undersigned res]dents of the To~n o£ Southold oppose application #kO21 which seeks permission for a proposed use as a ~o1£ driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 3990 which was withdrawn last year. T}/e new applicatiaD is an attempt to hide the fact tha~ the proposed use now complies with the Agricultural Conservation District when it i~ really unchanged from 'the earlier a~plication and use. The application is inconsistent with good planning and 'the public welfare because the proposed use is a high traffic use that will stress an already dangerous inter- section (Horton Lane / Rte. ~8) which is the main road to McCabes Beach and a principal street leading ~o Southold towrl , The application will have maOor impact on the environment of the town , and requires a compl'ete environmental review before further consideration. Jl~ly 20, 1991 Members of The Zoning Board of Apoeals: The undersigned residents of the To~n of Southold oppose application #4021 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The a~plication is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 3990 which was withdrawn last year. T}/e new applicatiQn is an attempt to h~de the fact that the proposed use now complies w~th the Agricultural Conservation District when it i~ really unchanged from the earlier alplication and use. The application is inconsistent with good planning and the sublic welfare because the proposed use is a high tra£f]c use that will stress an already dangerous inter- section (}{orton Lane / Rte. 48) which is the main road to McCabes Beach and a principal street leading to Southold LOWlI . T~]e application wi]] have ma~or impact on the environment of the 'r. own , and requires a comD].ete environmental review before further consideration. Sincerely, July 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #4021 which seeks permission for a proposed use as a ~o]f driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it i~ really unchanged from the earlier application and use. The application is inconsistent with good planning and the public we]fare because the proposed use is a high traffic use that will stress an already dangerous inter- section (|{orton Lane / Rte. 48) which is the main road to McCabes Beach and a principal street leading to Southold tow~. The application will have major impact on the environment o£ the town , and requires a complete environmental review before f,~rther consideration. J~ly 20, 1991 Msr, bers of The Zoning Board of Appeals: The undersigned residents of the ToQn of Southold oppose application #4021 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new applicatiqn is an attempt to hide the fact that tile proposed use now complies with the Agricultural Coi~serw~tJon District when it i~ really unchanged from the earlier application and use. ® The application is inconsistent with ~ood planning and t~'~.~ public we]fare because the proposed use is a high traffic use that will stress an already dangerous inter- section (}{orton Lane / Rte. ~8) which .is the main road to McCabes Beach and a Drinclpa'l'street leading to Southold The application will have major impact on the environment o[' the town , and requires a comp]'ete environmental review before f, lrther consideration. Jhly 20, 1.991 Members of The Zoning Board of Appeals: The undersigned residents of the To~n of Southold oppose application #/~O21 which seeks permission for a proposed use as a ~,olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive th~ Board and the Town. The application is the same as application 5990 which was withdrawn last year. The new applicatioD is an attempt to h~de the fact that the proposed use now complies with the Agricultural Conservation District when it i2 really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic use that will stress an already dangerous inter- section (}{orton Lane / Rte. &8) which is the main road to McCabes Beach and a princip~]'street leading to So~]thold 'rh~.~ application ~,i]l have major impact on the environment of the town , and requires a comp]'ete environmental review b~.~fore f,mther' consideration. July 20, 1991 Members of The Zonlng Board of Appeals: L The undersigned residents of the Town of Southold ~TY sO~ ........ application #/,021 which seeks permission for a proposed use as a ~o]£ driving range and miniature golf facility. 1. The application is a sham and a subterfuge designed to (leceive the Board and the Town. The application is the same as application 5990 which was withdrawn last year. The new application is an attempt to hide the fact,that the proposed use now complies w~th the Agricultural Conservation D[str~ct when it i~ really unchanged from the earlier application and use. The application is the public we]fare traffic section McCab~s town. inconsistent wlth good planning and because the proposed use is a high ~se that will stress an already dangerous inter- (}{ort~n Lane / Rte. 1,8) whichis the main road to Beach and a principal street leading to Southold The appllcatinn ~,ill have maOor impact on the environment, of the town , and requires a complete environmental ~eview he~'ore £urther consideration, Sincerely, July 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #4021 which seeks permission for a proposed use as a to]f driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hJde the fact that the proposed use now complies with the Agricultural Conservation District when it ig really unchanged from the earlier application and use. The application is inconsistent with good planning and the public we]fare because the proposed use is a high traffic use that will stress an already dangerous inter- section (Horton Lane / Rte. ~8) which is the main road to McCabes Beach and a principal street leading to Southold town. The application will have major impact on the environment of the town , and requires a complete environmental review before f,~rther consideration.- Sincerely, Members of The Zoning Board of Appeals: July 20, 1991 The undersigned residents of the Town of Southold oppose application #402! which seeks permission for a proposed use as a ~o]f driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 5990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when ft'i2 really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic section McCab£s town. use that will stress an already dangerous inter- (}{orten Lane / Rte. 48) which is the main road to Beach and a principal street leading to Southold T~e application will have major impact on the environment of the town , and requires a complete environmental review before further consideration. Sincerely, JUL 2 5 i, Members of The Zoning Board of Appeals: July 20, ]991 The undersigned residents of the Town of Southold oppose application #/~O21 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 5990 which was withdrawn last year. Ttle new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it i~ really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic section McCabcs town. use that will stress an already dangerous inter- (}{orton Lane / Rte. l~8) which is the main road to Beach and a princ~pal street leading to Southold The application will have major impact on the environment of the town , and requires a complete environmental review before f,~rther consideration. Sincerely, July 20, 1991 Members of The Zoning Board of Appeals: The undersigned residents of the Town of Southold oppose application #4021 which seeks permission for a proposed use as a loll driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year· The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it i~ really unchanged from the earlier application and use. The application is inconsistent with good planning and the public we]fare because the proposed use is a high traffic use that will stress an already dangerous inter- section (}{often Lane / Rte. 48) which is the main road to McCabes Beach and a principal street leading to Southold town. The application will have major impact on the environment of the town , and requires a complete environmental review before fqrther consideration. Sincerely, JUL § Members of The Zoning Board of Appeals: July 20, 1991 The undersigned residents of the Town of Southold oppose application #6021 which seeks permission for a proposed use as a golf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it iL really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high traffic use that will stress an already dangerous inter- section (Horton Lane / Rte. 48) which is the main road to McCabes Beach and a principal street leading to Southold town. e The application will have major impact on the environment of the town , and requires a complete environmental review before further consideration. Members of The Zoning Board of Appeals: July 20, 1991 The undersigned residents of the Town of Southold oppose application #/~O21 which seeks permission for a proposed use as a ~olf driving range and miniature golf facility. The application is a sham and a subterfuge designed to deceive the Board and the Town. The application is the same as application 3990 which was withdrawn last year. The new application is an attempt to hide the fact that the proposed use now complies with the Agricultural Conservation District when it iL really unchanged from the earlier application and use. The application is inconsistent with good planning and the public welfare because the proposed use is a high 'traffic use that will stress an already dangerous inter- section (}{orton Lane / Rte. l~8) which is the main road to McCabes Beach and a principal street leading to Southold town. The application will have major impact on the environment of the town , and requires a complete environmental review before further consideration. Sincerely, . § ~,100-31 ~ (0 ZONING § lOO-al ' (6) (7) Any nursing home. hospital or sanatorium shall meet the following standards: [1] All buildings shall be of fire-resistive construc- tion. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not oe permitted in any nursing home or sanatorium. (Communicable diseases are de- fined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand (8.000) square feet of lot area shall oe provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town. subject to such conditions as the Board of Appeals may ~mpose in order, to protect and promote tile health, safoty, appearance and general welfare of thc community and thc character of the ncighborh~x)d in which the proposed structure is to be constructed. Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty porcent (20%) of thc area of the lot. (c) Such use shall not be conducted for profit as a business enterprise 10041 F SEQR Positive ,Declaration Hotice of intent to Prepare a Draft EIS Determination of Significance Lead Agency: So uthold Town Board of Appeals Proiect#(ifany) ~0~! Addreaa: South01d Town Hall 53095 Main Road, Box 1179 Southold, NY 11971 516-765~t809 Date: August 15, 1991 This notice is issued pursuant to Part 617F(and local law # 3-1978 if any) of the imple- menting regulations pertaining to Article 8 (state Environmental Quality Review) of the Environ- mental Conservation Law. The lead agency has determined that the proposed action described below may have a signifi- cant effect on the environment and that a Draft Environmental impact Statement will be prepared. TltleofActlon: Michael Cholowsky (Lorinda C. Casola, 0wne.r.) SEQR Status: Type [ I-'i Clnlisted [] l:~.scrlptlon of Action: Proposed golf driving range, miniature golf and related office building uses as may be authorized by Special Exception by the Board of Appeals under Art. III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. The land is presently vacant. One of the requirements to be met is that the proposed project will not be operated for profit as a business enter- prises in th~s Agricultural-~6nservation (A/C) Zone District. Location: (Include the name of the county and town. A location map of appropriate scale is also recommended) I 3340 Horton's Lane, Southold, Town of Southold, Suffolk County, New York. County Tax Map Parcel Designation 1000-55-1-19 containing 16+- acres. L SEQR Positive Declaration Reasons Supporting This Determination: (See annexed sheets 3 & 4) Page 2 For Further Information: Contact Person: Gerard P. Goehringer, Chairman (or Lind~ Kowalski) Address: Town Hall, 53095 Main Road, Southold, NY 11971 Phone Ho.: 516-765-1809 Copies of this J~otice Sent to: Commissioner-Department of Environmental Conservation. 50 Wolf Road. Albany. Hew York ~2233-0001 Appropriate Regional Office of the Department of Environmental Conservation- Region !. Office of the Chief Executive Officer of the political subdivision in which the action w~l be princi- pally located - Supervisor Scott L. Harris Main office and appropriate regional office (if any) olr lead agency Applicant (if any) Mr. Michael Cholowsky, 6565 Main Road, Mattituck, NY 11952 All other involved agencies (if any) Environmental Notice Bulletin Southold Town Planning Board Southold Town Attorney's Office Southold Town Clerk Bulletin Board (lobby) Attorney for the Applicant, J. Kevin McLaughlin Page 3 - Positive SEQRA Declaration August 15, 1991 Title of Action: Michael Cholowsky (Lorinda Casola, Owner) Location of Site: Horton's Lane, Southold REASONS SUPPORTING THIS DETERMINATION: This determination is issued in consideration of the criteria for determination of significance contained in 6 NYCRR Part 617, the Long Environmental Assessment Form, and as noted below: 1) The proposed project site is presently vacant land, having been farmed over the years for agricultural purposes, and is located in the Agricultural-Conservation Zone District, adjoining lands to the north and east also located in the Agricultural-Conservation Zone District. 2) The proposed project site is situated opposite Lucas-Ford, an established on-premises vehicle-sales distributorship, and an auction (sales) establishment, is situated opposite residences, all of which are accessed by the same roadway(s), and which, when combined with the proposed multiple uses herein, may have a cumulative impact on the traffic pattern for this community. 3) Tthe subject site is situated less than 100 feet from a four-way intersection along a heavily traveled major road (County Road 48), and which intersection is located approximately 1500 feet east of a major four-lane express highway. 4) No turning lanes or deceleration lanes exist from the major road to turn left onto Horton's Lane, where this site is located, from any direction, and the speed limits range from 50 mph (or more) depending on the direction of travel. 5) Landscaping and buffer areas can be provided and should be considered by the Planning Board in conjunction with the site plan application on this project, as may affect nearby residences or residentially zoned properties. 6) Ail aspects of the SEQRA process are not to be construed to mean authority or interpretation in any way concerning action on the "use to be considered in the Special Exception," particularly since a public hearing has not been held and action on the Special Exception may not take place until a public hearing has been held, and since at the present time, the applicant has not provided sufficient proof to meet all provisions of the zoning code applicable to the zoning request. Subsequent to finalization of SEQRA for this application, a public hearing and other documentation will be necessary for a thorough review which will suffice to answer the question of appropriate uses and activities Section 100-30B(7) of the Zoning Code for a Special Exception. Page 4 - Positive SEQRA Declaration August 15, 1991 Title of Action: Michael Cholowsk¥ ~Lorinda Casola, Owner) Location of Site: Horton's Lane, Southotd REASONS SUPPORTING THIS DETERMINATION (continued): 7) Preparation of a traffic study is required and shall include: (a) description of peak hour traffic flows, a.m. and p.m. (b) vehicle mix (c) sources of existing traffic volume (d) pedestrian and bicycle environment, existing and resulting from this project (e) design for adequate and safe access to project site to handle projected traffic flows as well as pedestrians and bicyclists resulting from the proposed activities at the site (f) need for adequate traffic control devices (g) incorporate mitigation and alternative measures to reduce or minimize impacts, or to produce beneficial impacts; and (h) list underlying information, reports, studies relied on in preparation of this document, and list consultants, private persons, organizations, agencies consulted in preparing this document, as well as technical exhibits and relevant corres- pondence. 8) Completion of a corrected Long Environmental Assessment Form must re-submitted (for the reasons noted in previous corm~unications). be PPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA DESIGNATION OF LEAD AGENCY SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LEAD AGENCY: Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-~179 DATE: July 10, 1991 PROJECT DESCRIPTION: Determination by the Board of Appeals as to whether a golf driving range, miniature golf and related office building shall be authorized by Special Exception under Article III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. Location of Site: 3340 Horton's La, Southold; CTM #1000-55-1-19 containing 16+- acres. This Notice is issued as a supplement to the requirements under 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (Stat~ ~nvironmental Quality Review) of the Environmental Conservation Law, and regulations pertaining to Local Law 944-4 (Chapter 44 of the Code of the Town of Southold). PUBLIC COMMENT: A Long Environmental Assessment Form (LEAF) has been completed for the above-described project and is coordinated herewith for your review. Specific comments on the project must be submitted in writing to the contact person named below not later than August 5, 1991. SEQR DETERMINATION: Project is an Unlisted Action. FOR FURTHER INFORMATION, CONTACT: Linda Kowalski Southold Town Board of Appeals 53095 Main Road - Box 1179 Southold, NY 11971 516-765-1809 Copies of this Notice sent to: Commissioner-Department of Environmental Conservation Regional Office of the Department of Environmental Conservation, Region I Applicant (c/o J. Kevin McLaughlin as Attorney) Southold Town Planning Board (Involved Agency) N.Y.S. Department of Transportation Southold Town Clerk Bulletin Board (Lobby) Suffolk County Dept. of Health Services PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you betieve will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION IApplication of Michael Cholowsky (Linda C. Casola) LOCATION OF ACTION (Include Street Addmu, Muni©lDallty and 3340 Horton's Lane, Town of Southold, ] .AMEOFAPPU~NT/S~N$OR IMichael Cholowsky County of Suffolk, NY I BUSINESSTELEPHONE (516) 477--1016 ~ cA~RE~. Kevin McLaughlin, 828 Front St., PO Box 803 I ["ET) .orth Road, STATE ZIP CODE NY 11944 SUSINESS TEk':PHONE I Cl~lPO STATE IZIPCODE ~Ham~ton Bays, NY 11946 DESCRI~ION OF ACTION Establishment, c6nstruction and operation of a golf club consisting of golf driving raqge, miniature golf course and office building for above. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. I Present land use: ~Orban ~lndustrial r-lCommercial ~Forest I-1AgricuJture ~Other 2 Total acreage of proiect area: 16.7-+ acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (;ncludes 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 typei qrass 3. What is predominant soil type(s) on project site? ~an~ ~"lResidential (suburban) ~Rural (non-farm) PRESENTLY ~FTER COMPLETION 1 6.7 -+ acres acres acres 3 -+ acres acres 13 ± acres a. Soil drainage: X"~Wetl drained 100 % of sJte r-IModerately well drained __ % of s~te I-IPoorl¥ drained % of site b. If any agricultural land is involved, now many acres of soil are classified within soil group I through 4 of the NYS Land Classification System~ n/a acres. (See 1 NYCRR 370). 4. Are the're bedrock outcroppings on project site? F'lYes lLaNo a. What is depth to bedrock? unknown (in feet) 2 f 5. Approximate percentage of proposed project site with slopes: 90-10% 1 0 0 % F-I10-1S % % [-115% or greater 6. Is proiect substantially contiguous to. or contain a building, site, or district, listed on the State or the Nationat Registers of Historic Places~ I-lYes ~No 7. Is proiect substantially contiguous to a site Iisted on the Register of National Natural Landmarks~' E~Yes ~No g. What is the depth of the water table~ 50-+ {in feet) 9. Is site located over a primary, principal, or sole source aquifer~ I-lYes 10. Do hunting, fishing or shetl fishing opportunities prese~ltt¥ exist in the project area? []Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered[' r-lyes ~No According to Identify each species 12. Are there any unique or unusual land forms on the project site~ (i.e., cliffs, dunes, other geological formations) imYes ~No Describe 12. Is the project site presently used by the community or neighborhood as an open space or recreation area[' []No If yes. explain 14. Does the present site include scenic views known to be important to the community[' ~Yes [~No 15. Streams within or contiguous to project area: none a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to proiect area: a. Name none b. Size (In acres) 17. Is the site served by existing public utilities[' l~Yes F~No · a) If Yes, does sufficient capacity exist to allow connection~ ~Yes {~No . b) If Yes, will improvements be necessary to allow connection~. ' nYes ' 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article Section 303 and 304? EYes 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 617~' F~Yes '~"~,No 20. Has the site e~'er been used for the disposal of solid or hazardous wastes~ I~Yes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by proiect sponsor IL6.7± acres. b. Proiect acreage to be developed: 4-+ acres initially; 4-+ c. Project acreage to remain undeve!oped 12_+ acres. d. Length of project, in miles: I~/a (if appropriate) e. if the proiect is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing 0 ; proposed 40 g. Maximum vehicular trips generated per hour 20 (upon completion of proiect)? h. If residential; Number and type of housing units: n/a One Family Two Family Multiple Family Initially Ultimately i Dimensions (in ieet) of largest proposed structure 18' height; 30 ~ width; j Linear feet cf frontage along a public thoroughfare prolect will occupy is? acres ulUmateiv Condominium 40 length. 690+ ft. 2. How much natural material (i.e., rock. earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? E~Yes I~No nN/A a. If yes. for what intend, purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? []Yes I-INo c. Will upper subsoil be stockpiled for reclamation? P~Yes nNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 3+ acres $. Will an,/ mature forest (over 100 years old) or other ,locally-important vegetation be removed by this project~ F-lYes F~No 6. If single phase proiect: Anticipated period of construction 3-4 months, (including demolition). 7. if multi-phased: n/a a. Total number of phases anticipated Inumber). b. Anticipated date of commencement phase 1 ' month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? f-lYes i-INo 8. Will blasting occur during construction? F'lyes ~No 9. Number of jobs generated: during construction ].2 ; after project is complete 4 10. Number of iobs eliminated by this project 11. Will project require relocation of any proJects or facilities? r-lYes [~:No If yes, explain 0 tons/cubic yards ~olf driving range year, (including demolition). year. I' 12. Is surface liquid waste disposal involved~ []Yes [~1o 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 w~ste disposal involved? C~fes []No Type cesspools 14. Will surface area of an existing water bod'~ increase,or decrease by proposal? []'lYes []No Explain 15. Is project or any portion of project located in a 100 year flood plain~ OYes EqNo 16. Will the project generate solid waste? ~:Yes ONo a. If yes, what is the amount per month ]. . tons b. if yes, will an existing solid waste facility be used? I'~Yes F'INo c If yes, give name Southold Town Landfil~location Cutchoqu~ d Will any wastes not go into a sewage disposal system or into a sanitary landfill? E]Yes e. If Yes, explain 17. Will the project involve the disposal of solid waste? F~Yes ~lNo 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? fmYes :;~No 19. Will project routinely produce odors (more than one hour per day)? nYes ~]No 20. Will project produce operating noise exceeding the local ambient noise levels? r-1Yes 21. Will proiect result in an increase in energy use? :~]Yes C1No If yes , indicate type(s) electric 22. If water supply is from wells, indicate pumping capacity unknown gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. 24 Does project involve Local, State or Federal funding? r-lYes r~No If Yes, explain ~No 'Z~No 25. Approvals Required: City, Town. Village Board [~Yes E3No City, Town, Village Planning Board ~Yes []No City, Town Zoning Board [~Yes I~No City, C°untv Health Department I'~Yes r-lNo Other Local Agencies []Yes [No~ Other Regional Agencies I-lYes r-INo State Agencies I~Yes [-1No Federal Agencies []Yes I~No C. Zoning and Planning Information Submittal Type Date Site plan approval special exception 1. Does proposed action involve a planning or zoning decision? ]~Yes r"iNo _ If Yes. indicate decision required: I~zoning amendment I-)zoning variance Clspecial use permit I-Isubdivision ['~site plan Imnewirevision of master plan []-)resource management plan [~other 2. What is the zoning ctassification(s)of the site? A/C Zone District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? upon oPt.special ~Ymm~tlOn pending 4 What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? 7. What are the predominant land use(s) and zoning classificatJor~s within a '4 mile radius of proposed action? mixed commercial office and residential ENo 8 IS the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? :~tYes r~No 9 If the proposed action is the subdivision of land, how many lots are proposed? n/a a. What is the minimum Jot size proposed? 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? G-/Yes 11 Will the proposed action create a demand for any community provided services (recreation, education, police. fire protection)? ;-'Yes ~'lNo a. If yes. is existing capacity sufficient to handle projected demand? [~Yes 12 Will the proposed action result in the generation of traffic significantly above present levels? r~Yes a. if yes, is the existing road network adequate to handle the additional traffic? ~-;¥es ~..~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitiga[e or avoid them. E. Verification I certify that the mformat~on provided above is true to the best of my knowledge. / , If.t? ~tionCth~aXta;Area, a~d you a~tat; agency, complete th'; CoaWt~, ~sment Form before pro;eeding 5 ~J 617.21 Appendix H State Environmental Quality Review Notice of Completion of Draft/Final ElS SEQR Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. A r-~Draft or i--IFinal (check one) Environmental Impact Statement has been completed and accepted by the , as lead agency, for the proposed action described below. Comments on the Draft ElS are requested and will be accepted by the contact person until Name of Action: Description of Action: Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) 'L SEQR Notice of Completion of DraftlFi~al ElS Potential Environmental Impacts: Page 2 A Copy of the Draft/Final ElS may be obtained from: Contact Person: Address: Telephone Number: A Copy of this Notice and ~raftlFinal ElS Sent to: 'Commissioner, Department of Environmentat Conservation, 50 Wolf Road, A~bany, New York 12233-0001 'Appropriate Regional Office of the Department of Environmental Conservation 'Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Persons Requesting Draft ElS 'Other involved agencies (if any) I I t L I 617.21 Appendix i State Environments! Quality Review FINDINGS STATEMENT SEQR Pursuant to Article 8 (State Environmental Quality Review Act--SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the as lead or involved agency, makes the following findings, Name of Action: Description of Action: Location: (Include street address and the name of the municipality and county.) Agency Jurisdiction(s): Date Final ElS Filed: Facts and Conclusions in the EIS Relied Upon to Support the Decision: (Attach adctitional sheets, as necessary) Identification Number Name of Action CERTIFICATION OF FINDINGS TO APPROVE/FUND/UNDERTAKE Having considered the Draft and Final ElS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have been met; 2. Consistent with the social, economic and other essential considerations from 'among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmentai impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable. 4. (and, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Signature of ResponsiDle Officia, I Title of Responsil3te Official Name of Agency Adares$ of Agency OR Name of Resgonsible Official Date i I I ! ! l CERTIFICATION OF FINDINGS TO DENY Having considered the Draft and Final EIS, and ha,~ing considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have not been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action denied is one which fails to adequately minimize or avoid adverse environmental effects to the maximum extent practicable; and/or 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process cannot be adequately minimized or avoided by the mitigation measures identified as practicable. 4. (and, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will not adequately achieve a balance between the protection of the environment and the need to accommodate social and economic con- siderations. Name of Agency - Name ol Respons~Dle Official Dale cc: Other Involved Agencies and the Applicant 14-12-7 (2/8~--gc 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The ., as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SEQR Status: Type I [] Unlisted [] Conditioned NegatiVe Declaration: []Yes E]No Description of Action: Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) If Conditioned Negative Declaration, provide on atta~chment the specific mitigation measures imposed. For' Further Information: Contact Person: Address: Telephone Number: For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) Other involved agencies (if any) 617.21 Appendix E State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft ElS Determination of Significance SEQR Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The , as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: SEQR Status: Type I [] Unlisted [] Description of Action: 'Lo~ation: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) SEQR Positive Declaration Reasons Supporting This Determination: Page 2 For Further Information: Contact Person: Address: Telephone Number: A Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) Other involved agencies (if any) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENT MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Judith T. Terry, Town Clerk Linda Kowalski Board of Appeals April 12, 1993 Appl. No. 3990 - Michael Cholowsky Proposed Miniature Golf Course at Horton Lane, Southold With reference to the above application, please note your records to show that we have at this time permanently inactivated (deadfiled) this application since Mr. Cholowsky does not intend to pursue the Board's request for a traffic study, etc. For your convenience we are at~aching a copy of J. Kevin McLaughlin's letter confirming 'Mr. Cholowsky's disinterest. Thank you. Attachment APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOAHD OF APPEALS TOWN OF SOUTHOLD April 12, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue P.O. Box 1210 Southold, NY 11971-1210 Re: Appl. No. 3990 - Michael Cholowsky (S.E. Application Dear Mr. M~Laughlin: This letter is to confirm that the above file has been permanently inactivated (deadfiled) due to the fact that the applicant no longer intends to pursue the application. Very truly yours, 'GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1050 Ycun~s A~., ~0 B~x 1210 $:uthDld, Nsw Yc~k 11971 April 6, 1993 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: .Appl. No. 3990 - Special Exception - Michael Cholowsky Gentlemen: I intends to pursue this application. have been advised by Mr. Cholowsky that he no longer Ver~ \, 1050 Yclr~ AW., t~) B~K 1210 Scuthpld, New York 11971 765-6085 April 6, 1993 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Appl. No. 3990 - Special Exception ~ Michael Cholowsky Gentlemen: I have been advised by Mr. intends to pursue this application. Cholowsky that he no longer Ver APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 1t, 1992 Suffolk County Department of Public Works Yaphank Avenue Yaphank, NY 11980 A'i'i'N: SEQRA Reviews Re: County Road 48 in Southold, Town of Southold at Intersection with Horton's Lane, North and South Project of Michael Cholowsky - Miniature Golf Course, etc. Gentlemen: Please find enclosed a Long Environmental Assessment Form, copy of the site plan map, and the Town's Declaration under the N.Y.S. Environmental Quality Review Act in the above project requesting a Draft Environmental Impact Statement and addressing seven areas (listed on the last page). The project site is located less than 100 feet from a major highway (County Road 48) which presently does not have deceleration or accelerations lanes to or from Horton's Lane, two heavily traveled town roads located to the north and south of County Road 48. Any suggestions or recommendations that you may have on this project would be greatly appreciated. Should additional information be needed in the interim, please call our assistant, Linda Kowalski at (516) 765-1809. Very truly yours, CHAIRMAN ?' Enclosures JAMES A. KUZLOSKI REGIONAL DIRECTOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER March 10, 1992 Gerard Goehringer Town of Southold Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: Michael Cholowsky Property CR48, Southold Your March 2, 1992 Letter We have reviewed the subject material and do not have any comments. Since County Road 48 is under the jurisdiction of Suffolk County Department of Public Works, we recommend that you contact them at Yaphank Avenue, Yaphank, New York 11980. In the future, any correspondence dealing with SEQRA projects on State Highways should be sent to the attention of Mr. Darrel Kost at the above address. Thank you for your cooperation concerning this matter. Very truly yours, 0. FREZ Regional Traffic Engineer cc: Joseph Hurley, SCDPW JOF:JH:JS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON EMPLOYER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 SECOND REQUEST March 2, 1992 August 18, 1991 Mr. James Kuzloski Regional Traffic Engineer Region 10 - NYS Office Building Veterans Memorial Highway Hauppauge, NY 11788 Re: County Road 48 in Southold, Town of Southold at Intersection with Horton's Lane, North and South Project of Michael Cholowsky - Miniature Golf Course, etc. Dear Mr. Kuzloski: Please find enclosed a Long Environmental Assessment Form, copy of the site plan map, and the Town's Declaration under the N.Y.S. Environmental Quality Review Act in the above project requesting a Draft Environmental Impact Statement and addressing seven areas (listed on the last page). The project site is located less than 100 feet from a major highway (County Road 48) which presently does not have deceleration or accelerations lanes to or from Horton's Lane, two heavily traveled town roads located to the north and south of County Road 48. Any suggestions or recommendations that you may have on this project would be greatly appreciated. Should additional information be needed in the interim, please call our assistant, Linda Kowalski at (516) 765-1809. Enclosures Very truly yours, Gerard P. Goehring~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (51.6) 765-1.809 BOARD OF APPEALS TOWN O~ SOU~OLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1.1.79 Southold, New York 1.1.97! Fax (51.6) 765-1.823 Telephone (516) 765-1800 August ~8, 1991 Mr. James Kuzloski Regional Traffic Engineer Region 10 - NYS Office Building Veterans Memorial Highway Hauppauge, NY 11788 Re: County Road 48 in Southold, Town of Southold at Intersection with Horton's Lane, North and South Project of Michael Cholowsky - Miniature Golf Course, etc. Dear Mr. Kuzloski: Please find enclosed a Long Environmental Assessment Form, copy of the site plan map, and the Town's Declaration under the N.Y.S. Environmental Quality Review Act in the above project requesting a Draft Environmental Impact Statement and addressing seven areas (listed on the last page). The project site is located less than 100 feet from a major highway (County Road 48) which presently does not have deceleration or accelerations lanes to or from Horton's Lane, two heavily traveled town roads located to the north and south of County Road 48. Any suggestions or recommendations that you may have on this project would be greatly appreciated. Should additional information be needed in the interim, please call our assistant, Linda Kowalski at (516) 765-1809. Very truly yours, Gerard P. Goehringer Enclosures :ILE NUMBER:!!!iP1&73800-OOlOS!E!ETown of SOUTHOLD, SUFFOLK County EAD AGENCY :i!i!ili!ii!;A73800i!iiiili!ii!i!ii!!!!!!!!!!i!!!i!Town of $OUTHOLD, SUFFOLK County ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CLASS ::::::::::::::::::::::::::::::::::::::::::::::::::::::: )ESCRIPTION:ii?rop. golf driving range, mJniature golf & related office bldg i!!!!i!;i!!!!i!!!!!i!!i!!iiiii!ii!!!i!iiiiiiiiiiii~ses loc. 33&0 Horror' s Lane. i!!!!iiCommercial Industrialiiii i!!!iiiiiiiEIS Notice Completion!!!!i!!i!iiiiiil / / IMPORTANT Fi. le Number : P1--473800--00105 Use the above tqumber in all correspondence about this action To the Lead Agency: The above information confirms that Tilings on the described Positive Declaration were officially received by~ and entered in the SEOR Remos~tory on the date(s) ~hown An the box he~dmd DATE RECEIVED above. The latest filing is indicated by the most recent date in that box. The date and time in the second line show when this document was printed, Please check the information above carefully. For corrections or questions contact Charles Lockrow, or write to: SEQR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room Albany, NY Town of SOUTHOLD Town Board of Appeals 55095 Main Road-P.O. Box 1179 Southold, NY 11971 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OB SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 16, 1991 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Pending Special Exception - Michael Cholowsky/Lorinda 'Casola 1000-55-1-9 at Horton's Lane, Southold (A/C Zone District) Dear Mr. McLaughlin: Recently, Lead Agency status was accepted by the Board of Appeals for this "Unlisted Action" under SEQRA. After having coordinated the LEAF submitted by you, a determination was adopted declaring a "Position Declaration" on this project and determining that this project may have a significant effect on the environment. Under the Draft Environmental Impact Statement provisions of the SEQRA law, the attached Notice, with reasons supporting this determination, has been filed as required by the Environmental Conservation Law, Part 617. Upon receipt of the required information, we will be in a position to proceed with the next step under SEQRA. Very truly yours, lk Enclosure cc: Mr. Michael Cholowsky GERARD P. CHAIRMAN GOEHRINGER SEQR Positive Declaration biotite of Intent to Prepare a Draft ElS Determination of Significance Lead Agency: Southold Town Board of Appeals Project#(ifany) q02! Address: Southbld Town Hall 53095 Main Road, Box 1179 Southold, NY 11971 516-765~1809 Date: August 15, 1991 This notice is issued pursuant to Part 6}7!(and local law # 3-1978 if any) of the imple- meriting regulations pertaining to Article 8 (State Environmental Quality Review) of the Environ- mental Conservation Law. The lead agency has determined that the proposed action described below may have a signil~i- cant effect on the environment and that a Draft Environmental Impact Statement will be prepared. TltleofActlon: Michael Cholowsky (Lorinda C. Casola, Owne~) SEQR Status: Type I ["] Clnlisted [~ Description of Action: Proposed golf driving range, miniature golf and related office building uses as may be authorized by Special Exception by the Board of Appeals under Art. III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. The land is presently vacant. One of the requirements to be met is that the proposed project will not be operated for profit as a business enter- prises in th6s Agricultural-~6nservation (A/C) Zone District. Location: (Include the name of the county and town. A location map of appropriate scale is also recommended) i 3340 Horton's Lane, Southold, Town of Southold, Suffolk county, New York. County Tax Map Parcel Designation 1000-55-1-19 containing 16+- acres. (Attach additional pages as needed) SEQR Positive Declaration Reasons Supporting This Determination: (See annexed sheets 3 & 4) Page 2 For Further Information: Contact Person: Gerard P. Goehringer, Chairman (or Lind~ Kowalski) Address: Town Hall, 53095 Main Road, Southold, NY 11971 Phone i~o.: 516-765-1809 Copies of this Hotice Sent to: Commissioner-Department of Environmental Conservation, 30 Wolf Road, Albany, Hew York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation- Rag, lon [. Office of the Chief Executive Officer of the political subdivision in which the action wdl be princi- pally located - Supervisor Scott L. Harris /~ain office and appropriate regional office (if any) of lead agency Appiicant (if any) Mr. Michael Cholowsky, 6565 Main Road, Mattituck, NY 11952 All other involved agencies (if any) Environmental Notice Bulletin Southold Town Planning Board Southold Town Attorney's Office Southold Town Clerk Bulletin Board (lobby) Attorney for the Applicant, J. Kevin McLaughlin Page 3 - Positive SEQRA Declaration August 15, 1991 Title of Action: Michael Cholowsky (Lorinda Casola, Owner) Location of Site: Horton's Lane, Southold REASONS SUPPORTING THIS DETERMINATION: This determination is issued in consideration of the criteria for determination of significance contained in 6 NYCRR Part 617, the Long Environmental Assessment Form, and as noted below: 1) The proposed project site is presently vacant land, having been farmed over the years for agricultural purposes, and is located in the Agricultural-Conservation Zone District, adjoining lands to the north and east also located in the Agricultural-Conservation Zone District. 2) The proposed project site is situated opposite Lucas-Ford, an established on-premises vehicle-sales distributorship, and an auction (sales) establishment, is situated opposite residences, all of which are accessed by the same roadway(s), and which, when combined with the proposed multiple uses herein, may have a cumulative impact on the traffic pattern for this community. 3) Tthe subject site is situated less than 100 feet from a four-way intersection along a heavily traveled major road (County Road 48), and which intersection is located approximately 1500 feet east of a major four-lane express highway. 4) No turning lanes or deceleration lanes exist from the major road to turn left onto Horton's Lane, where this site is located, from any direction, and the speed limits range from 50 r~ph (or more) depending on the direction of travel. 5) Landscaping and buffer areas can be provided and should be considered by the Planning Board in conjunction with the site plan application on this project, as may affect nearby residences or residentially zoned properties. 6) All aspects of the SEQRA process are not to be construed to mean authority or interpretation in any way concerning action on the "use to be considered in the Special Exception," particularly since a public hearing has not been held and action on the Special Exception may not take place until a public hearing has been held, and since at the present time, the applicant has not provided sufficient proof to meet all provisions of the zoning code applicable to the zoning request. Subsequent to finalization of SEQRA for this application, a public hearing and other documentation will be necessary for a thorough review which will suffice to answer the question of appropriate uses and activities Section 100-30B(7) of the Zoning Code for a Special Exception. Page 4 - Positive SEQRA Declaration August 15, 1991 Title of Action: Michael Cholowsk¥ (Lorinda Casola, Owner) Location of Site: Horton's Lane, Southotd REASONS SUPPORTING THIS DETERMINATION (continued): 7) Preparation of a traffic study is required and shall include: (a) description of peak hour traffic flows, a.m. and p.m. (b) vehicle mix (c) sources of existing traffic volume (d) pedestrian and bicycle environment, existing and resulting from this project (e) design for adequate and safe access to project site to handle projected traffic flows as well as pedestrians and bicyclists resulting from the proposed activities at the site (f) need for adequate traffic control devices (g) incorporate mitigation and alternative measures to reduce or minimize impacts, or to produce beneficial impacts; and (h) list underlying information, reports, studies relied on in preparation of this document, and list consultants, private persons, organizations, agencies consulted in preparing this document, as well as technical exhibits and relevant corres- pondence. 8) Completion of a corrected Long Environmental Assessment Form must re-submitted (for the reasons noted in previous communications). be APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE(2.RA UNLISTED ACTION DECLARATION Appeal No. 4021 SE Project Name: Michael Ch010wsky County Tax Map No. 1000- 55-1-9 Location of Project: E/S H0rt0n's Lane, S0uth0ld, NY SCOIT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1991 Relief Requested/Jurisdiction Before This Board in this Project: Special Exception for Non-profit golf driving range and private miniature golf Thzs Notice is issued pursuant to Part 617 Of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency statns and urges coordinated written co~ents by your agency to be submitted with the next 20 days. {' } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration'for'the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection.of the property has been made, or c. Sufficient information has been furnished in the record to e~raluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. (Y~.} this Board refers lead agency status to your agency· since the- Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to as.sume lead agency status within 15 days of this letter, we will assume you .have waived same, and we will be required to proceed as Lead Agency.)' ]For further infbrmation, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516i 765-1809. tr %- ~',' ~,'~ ~ '~ of 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 enwronment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approvat and may be subject to further verification and pubiic review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full E^F will be dependent on information currently available and will not involve new studies, research or investigation. If information reqqiring such additional work is unavailable, so indicate and specify each instance. F I.AME oF ^CT,ON Application of Michael Cholowsky (Linda C. Casola) E~S 3340 Horton's Lane, Town of Southold, County of Suffolk, NY N^ME OF Michael Cholowsky I EUS,NESS TELEPHONE (516) 477--1016 ~7~E~. Kevin McLaughlin, 828 Front St., PO Box 803 c~mo I STATE Zm CODE Greenpor t, . NY 11944 EU$1NE$$ TELEPHONE ( ) ADDRESS (no #) North Road, I C'~IPO STATE I ZlPCODE ~Hampton Bays, NY 11~4~ DESCRI~IONOFACTION Establishment, c6nstruction and operation of a golf club consisting of golf driving raqge, miniature golf course and office building for above. Please Complete Each Question--indicate N.A. if not applicable A. Site Description Physical setting of overall proiect, both developed and undeveloped areas. 1. Present land use: ~Urban I-llndustrial ~Cornmercial ~Forest r'lAgriculture C~Other 2 Total acreage of project area: 1 6.7 ± acres. APPROXIMATE ACREAGE ~eadow or Brushland (Non-agricultural) Forested Agricultural (;nciudes 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~ qrass 3. What is predominant soil type(s) on proiect site? sand i-/Residential (suburban) ~Rural (non-farm) 16.7: PRESENTLY ~FTER COMPLETION acres acres acres acres acres acres acres acres acres acres acres acres acres 3 ± acres acres 13± acres a. Soil drainage: X"~Well drained 100 % of s~te ~Moderatelv well drained __ % or site ~Poorly drained % of site b. If any agricultural land is involved, now many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System~ n/a acres, (See 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? l-lYes ~]No a. What is depth to bedrock? uP. known {in feet) 5. Approximate percentage of proposed project site with slopes: 90-10% 1 0 0 % F"~10-15 % r~lS% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic PIaces? []Yes [~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? i-lYes ~No 8. What is the depth of the water table? -50-+ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? i-lYes ~No 10. Do hunting, fishing or shell fishing opportunities preseh~ly' exist in the proiect area? []Yes []No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations} EYes I~No Describe 1~r. Is the project site presently used by the community or neighborhood as an open space or recreation area? EYes F~No If yes. explain 14. Does the present site include scenic views known to be important to the community? I-lYes F~No 15. Streams within or contiguous to project area: none a. Name of Stream and name of River to which it is tributary 16. Lakes. ponds, wetland areas within or contiguous to project area: a. Name none b. Size (In acres) 17. Is the site served by existing public utilities? ]DYes r-INo · a) If Yes. does sufficient capacity exist to allow connection? [~Yes ~]No · b) If Yes. will improvements be necessary to allow connection? EYes ' 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. ~rtic[e 2S-AA, Section 303 and 304? ~mYes lc). ts the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 m~Yes 'D~No 20. Has the site e~'er been used for the disposal of solid or hazardous wastes? []Yes 3~'~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 1 6.7 ± acres. b. Project acreage to be developed: 4-+ acres initially; 4-+ c. Project acreage to remain un~Jeve!oped ]'2-+ acres· d. Length of project, in miles: n/a (If appropriate} e. If the project is an expansion, indicate percent of expansion proposed n/a %; f. Number of off-street parking spaces existing 0 - proposed 40 g. Maximum vehicular trips generated per hour 20 (upon completion of proiect)? h. If residential: Number and type of housing units: n/a One Family Two Family Multiple Family Initially UIbmately i Dimensions (in feet} of largest proposed structure 18' height; 30" width; __ j Linear feet cf frontage along a public thoroughfare project will occupy is? acres ultimately. Condomimum 4 0 length, 690+ ft. 2. How much natural material (i.e.. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? [~Yes [No I-IN/A a. If yes. for what intend, purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ~]Yes I-INo c. Will upper subsoil be stockpiled for reclamation? ~Yes i-lNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 3 + acres $. Will any mature forest (over 100 years old) or other ,!ocally-important vegetation be removed by this project? []Yes ~No 3-4 6. If single phase prolect: Anticipated period of construction 7. if multi-phased: n/a a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? r-lyes ~]No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 11. 0 tons/cubic yards golf driving range months, (including demolition). month year. (including demolition). month year. r-Wes r-iNo ; after project is complete 4 Will project require relocation of any projects or facilities? r"lYes [~ONo if yes, explain I, 12. Is surface liquid waste disposal involved? ~lYes E~b~lo 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? ~LYes I~No Type cesspools 14. Will surface area of an existing water body increase or decrease by proposal? r-lyes g~No Explain 15. Is project or any portion of project located in a 100 year flood plain? I-lYes ~"lNo Will the project generate solid waste? [~Yes I-INo a. If yes, what is the amount per month 1 tons b. If yes, will an existing solid waste facility be used? I~Yes DNo c. If yes, give name ~qouthold Town Landfi]~location Cutchoque d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? r-lYes 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 [ife~ years. 18. Will project use herbicides or pesticides? I-lYes :~No 19. Will project routinely produce odors (more than one hour per day)? l-lYes [L'qNo 20. Will project produce operating noise exceeding the local ambient noise levels? [~Yes 21. Will project result in an increase in energy use? :~]Yes I-1No If yes , indicate type(s) electric 22. If water supply is from weUs. indicate pumping capacity t]nkIlown ga)ions/minute. 23. Total anticipated water usage per day 900 gallons/day. 24 Does project involve Local. State or Federal funding? [l-lYes [~No If Yes. explain ~"1 N o 4 L. 25. Approvals Required: City, Town. Village Board [Yes []No City. Town, Village Planning Board [~Yes City. Town Zoning Board E~Yes C1No City, County Health Department I'-IYes I-1No Other Local Agencies I-lYes Other Regional Agencies I-lYes ~lNo State Agencies []Yes I~No Federal Agencies I-lYes [No C. Zoning and Planning Information Submittal Type Date f~site plan Site plan approval special exception is the maximum potential development of the site if developed as permitted by the present zoning? 1. Does proposed action involve a planning or zoning decision? ~fes I-iNo If Yes, indicate decision required: I~zoning amendment [zoning variance [special use permit nsubdivision i~newlrevision of master plan rqresource management plan []other 2. What is the zoning classification(s)of the site? A/C Zone District 3. What upon oDt.special pending What is the proposed zoning of the site? same What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6 Is the 7. What proposed action consistent with the recommended uses in adopted local land use plans? :~[~:Yes are the predominant land use{s) and zoning classifications within a % mile radius of proposed' action? mixed commercial office and residential 8 Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? ~l:Yes []No 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? F"lYes [~No 11 Will the proposed action create a demand for any community provided services (recreation, education, police. fire protection)? [Yes [~No a. If yes. is existing capacity sufficient to handle proiected demand? []Yes F"INo 12 Will the proposed action result in the generation of traffic significantly above present levels? Imyes ~o a. if yes, is the existing road network adequate to handle the additional traffic? ~¥es ~,No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. '- E. Verification I certify that the Information provided above is true to the best of my knowledge. / · Signature~, 'X~ t l-~k ~ Tit~e ~~ ' ' I, the actionCth~aXta:A;ea, a~;ou a~ta;; agency complete th'; Coa''-it;;2~sment Form betore proceeding with this assess~ 5 9'71° /~' PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNINGI BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ~.~:2 ' MEMORANDUM [~i Ih ?~ ~ - TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman RE: Environmental Assessment Form for ZBA Appeal No. 4021 for Michael Cholowsky For Special Exception for Non-profit Membership Club Horton' s Lane, Southold DATE: July 12, 1991 This is in response to your Lead Agency Designation notice dated July 10, 1991. · The Planning Board has reviewed the environmental assessment form for this project. Some of the information provided on the form is not correct. Also, the use of the term "not applicable" in answer to some of the questions is inappropriate. The answers to the questions listed below should be reconsidered. Also, the Suffolk County Department of Health Services should be placed on the list of coordinating agencies. PART 1: Section A: Question 3: Sand is not a soil type. Proper soil types should be indicated. Subsection b. of this question should be answered because it may be applicable. Question 4: The depth to bedrock is greater than 500 feet. Question 9: The answer is"Yes." Question 14: The answer could be "Yes." Section B: Question 1.g.: How was this number generated? Question 10: Will any agricultural jobs be lost by change of use from farmland to a golf club? Question 18: What methods will be used to maintain turf for course andldriving range? Question 20: What ambient noise levels are anticipated? Question 23: Anticipated water usage appears to be too low. Question 25: Permits will be required from the Suffolk County Department of Health Services for water supply and wastewater disposal. A contract with the Greenport Village Water Utility Co. may also be required for water supply. A permit may also be required from the New York State Department of Transportation if off site signs will be used. Section C: Question 1: A Special Exception (Use) required as well as a site plan. permit is Question 3: An answer is needed. Question 7: The characterization of the predominant land uses and zoning categorizations is not correct. Question 11: The proposed action probably will create a demand for some community services. Question 12: There is likely to be some impact on traffic. Please send us a copy of the revised assessment form and any supplemental material the applicant may submit in support of his statements on the form. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~i/-O--~----q~'~:'S~OTT L. HARRIS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Jr., Chairman May 21, 1991 Michael Cholowsky - Golf Driving Range & and Miniature Golf Course Appeal No. 4021 SE SCTM# 1000-55-1-9 The following is in response to your memorandum of April 10, 1991, in which you asked the Planning Board to take lead agency on the above referenced project. The Planning Board does not wish to be lead agent. We find that the proposed mix of uses (a driving range and a miniature golf course) cannot be considered a standard golf course. The proposed uses might well be considered accessory to a standard golf course, but they do not constitute a golf course in the traditional sense. Therefore, while a standard membership club golf course is an allowed use in the A-C Agricultural Conservation district, the proposed uses are not. The proposed uses could be best characterized as commercial recreational facilities. The Zoning Code allows commercial recreational facilities in the General Business District. However, it specifies that they must be fully enclosed. This type of recreational facility is not one that is typically enclosed. And the current proposal does not call for it to be enclosed. Given the fact that the use does not appear to be allowed in any zone except as an enclosed facility, the Planning Board recommends that the application be denied without prejudice. Page 2 Michael Cholowsky Perhaps there should further investigation by the Planning and Zoning Committee as to whether the Zoning Code's definition of commercial public recreational facility should be amended to include the uses proposed by Mr. Cholowsky. If the application is denied, it will not be necessary~o proceed with the environmental review. ~ ~ :~, ~ ! ,, ' SCOTt L. HARRIS Bennett Orlowski, Jr.,Chairman ~ Supervisor George Ritchie Latham, Jr. Rich~d G. WaM ~ ~ ............ Town Hall, 53~5 Main Road Mark S. McDonald ~ P.O. Box 1179 Southold, New York 11971 ""7 PLANNING BOARD OFFICE~ TOWN OF SOUTHOLD ~ May 9, 1991 Kenneth L. Edwards Telephone (516) 765-1938 Fax (516) 765-1823 TO: FROM: DATE': Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Chairman~-/~ May 9, 1991 RE: Michhael Cholowsky-Golf Driving Range & and Miniature Golf Course SCTM# 1000-55-1-9 The following is in response to your request of April 10, 1991, requesting that the Planning Board take lead agency on the above referenced project. The Planning Board cannot take lead agency as the above project is not a permitted use in the Agricultural-Conservation (AC) District. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 16, 1991 N.Y.S. Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-4500 Re: Environmental Notice Bulletin Project of Michael Cholowsky at Southold, NY Dear Sirs: Please find attached our Environmental Notice (Positive Declaration) under the SEQRA process for the above matter for publication in the Environmental Notice Bulletin. Should additional information be needed, please contact us. Thank you. Very truly yours, Enclosures Linda Kowalski PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMOR3dIDUM TO: FROM: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Environmental Assessment Form for ZBA Appeal No. 4021 for Michael Cholowsky For Special Exception for Non-profit Membership Club Horton's Lane, Southold DATE: July 12, 1991 This is in response to your Lead Agency Designation notice dated July 10, 1991. The Planning Board has reviewed the environmental assessment form for this project. Some of the information provided on the form is not correct. Also, the use of the term "not applicable" in answer to some of the questions is inappropriate. The answers to the questions listed below should be reconsidered. ,o,.~.r ~ Also, the Suffolk County Department of Health Services ~]l~ ~hould be placed on the list of coordinating agencies. PART 1: Section A: Question 3: Sand is not a soil type. Proper soil types should be indicated. Subsection b. of this question should be answered because it may be applicable. Question 4: The depth to bedrock is greater than 500 feet. Question 9: The answer is "Yes." Question 14: The answer could be "Yes." Section B: Question 1.g.: How was this number generated? Question 10: Will any agricultural jobs be lost by change of use from farmland to a golf club? Question 18: What methods will be used to maintain turf for course and driving range? Question 20: What ambient noise levels are anticipated? Question 23: Anticipated water usage appears to be too low. Question 25: Permits will be required from the Suffolk County Department of Health Services for water supply and wastewater disposal. A contract with the Greenport Village Water Utility Co. may also be required for water supply. A permit may also be required from the New York State Department of Transportation if off site signs will be used. Section C: Question 1: A Special Exception (Use) permit is required as well as a site plan. Question 3: An answer is needed. Question 7: The characterization of the predominant land uses and zoning categorizations is not correct. Question 11: The proposed action probably will create a demand for some community services. Question 12: There is likely to be some impact on traffic. Please send us a copy of any supplemental material the his statements on the form. the revised assessment form and applicant may submit in support of APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: DATE: SUBJECT: Jerry, Charlie, Serge, Jim, Bob ZBA Members July 15, 1991 SEQRA - Michael Cholowsky Project E/s Horton's Lane, Southold Please find attached a copy of our coordination letter to the involved agencies together with copies of the site plan map and Long Environmental Assessment Form in the aboVe matter. Also attached are two responses from the Planning Board to our previous and most recent coordination letters. It is normal procedure at this point to require a complete application with the Planning Board, as an involved agency. It is assumed, based upon the correspondence received previously that the PB has no objection to our assuming lead agency status based on their input and that they are an involved agency under SEQRA. (The first letter from the PB, however, states that in its opinion this project is not subject to SEQRA until the ZBA renders a decision. The SEQRA regulations do not provide for such a waiver.) It has been confirmed with our office that the Planning Board has not as yet received a site plan application, and a letter was today sent to the applicant's attorney indicating that the Planning Board application should be filed at this time to allow appropriate reviews under this process. The attached are additional copies of the LEAF, map and correspondence under SEQRA for your update. At our next meeting, the Board Members will need to determine whether or not to proceed with a revised LEAF, or to accept the LEAF as prepared, with conditions, and of course determine significance. Other agency comments are expected by August 5, 1991 and will be placed in the record. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigorris, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD QF APPEALS TOWN OFSOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 15, 1991 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Special Exception Permit Application Michael Cholowsky/Lorinda C. Casola 1000-55-1-9 at Horton's Lane, Southold Dear Mr. McLaughlin: Transmitted is a copy of a memorandum from the Southold Town Planning Board commenting on the Long Environmental Assessment Form submitted by you and coordinated with their office as an involved agency. Since the Planning Board is an involved agency under SEQRA, we are requiring that you file an application for site plan approval with their office at this time for appropriate reviews. Copies of other agency responses under this preliminary SEQRA coordination are expected to be mailed to us by August 5, 1991. We will keep you advised. Very truly yours, , 'GERARD P. GOEHRINGE~ CHAIRMAN lk Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 15, 1991 Mr. Stephan A. Costa, P.E., Chief Wastewater Management Section Suffolk County Health Department County Center Riverhead, SD/ 11901 Re: SEQRA Coordination Request - 1000-55-1-19 Project of Michael Cholowsky - Miniature Golf Proposal E/s Horton's Lane, Southold, NY Dear Mr. Costa: Please find attached our Environmental Notice under the SEQRA process in the above matter with attached Long Environmental Assessment Form, copy of the Southold Town Zoning Map for this site, and copy of the site plan on file. Comments are requested by August 5, 1991. Should you need additional time or if you have any questions, please feel free to call our office. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN ~F SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 10, 1991 N.Y.S. Department of Environmental Conservation 50 Wolf Road Albany, NY 12233-4500 Re: Environmental Notice Bulletin Project of Michael Cholowsky at Southold, NY Dear Sirs: Please find attached our Environmental Notice under the SEQRA process for the above matter. Should additional information be needed, please contact us. Very truly yours, Enclosures Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~ SOUTHOLD SEQRA DESIGNATION OF LEAD AGENCY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LEAD AGENCY: Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-1179 DATE: July 10, 1991 PROJECT DESCRIPTION: Determination by the Board of Appeals as to whether a golf driving range, miniature golf and related office building shall be authorized by Special Exception under Article III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. Location of Site: 3340 Horton's La, Southold; CTM #1000-55-1-19 containing 16+- acres. This Notice is issued as a supplement to the requirements under 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, and regulations pertaining to Local Law #44-4 (Chapter 44 of the Code of the Town of Southold). PUBLIC COMMENT: A Long Environmental Assessment Form (LEAF) has been completed for the above-described project and is coordinated herewith for your review. Specific comments on the project must be submitted in writing to the contact person named below not later than August 5, 1991. SEQR DETERMINATION: Project is an Unlisted Action. FOR FURTHER INFORMATION, CONTACT: Linda Kowalski Southold Town Board of Appeals 53095 Main Road - Box 1179 Southold, NY 11971 516-765-1809 Copies of this Notice sent to: Commissioner-Department of Environmental Conservation Regional Office of the Department of Environmental Conservation, Region I Applicant (c/o J. Kevin McLaughlin as Attorney) Southold Town Planning Board (Involved Agency) N.Y.S. Department of Transportation Southold Town Clerk Bulletin Board (Lobby) -/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA DESIGNATION OF LEAD AGENCY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LEAD AGENCY: Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-1179 DATE: July 10, 1991 PROJECT DESCRIPTION: Determination by the Board of Appeals as to whether a golf driving range, miniature golf and related office building shall be authorized by Special Exception under Article III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. Location of Site: 3340 Horton's La, Southold; CTM %1000-55-1-19 containing 16+- acres. This Notice is issued as a supplement to the requirements under 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, and regulations pertaining to Local Law %44-4 (Chapter 44 of the Code of the Town of Southold). PUBLIC COMMENT: A Long Environmental Assessment Form (LEAF) has been completed for the above-described project and is coordinated herewith for your review. Specific comments on the project must be submitted in writing to the contact person named below not later than August 5, 1991. SEQR DETERMINATION: Project is an Unlisted Action. FOR FURTHER INFORMATION, CONTACT: Linda Kowalski Southold Town Board of Appeals 53095 Main Road - Box 1179 Southold, NY 11971 (tel. 516-765-1809 Copies of this Notice sent on or before 7/15/91 to: Commissioner-Department of Environmental Conservation Regional Office, NYS Department of Environmental Conservation, Region I Applicant (c/o J. Kevin McLaughlin as Attorney) Southold Town Planning Board (Involved Agency) Regional Director, NYS Department of Transportation Southold Town Clerk Bulletin Board (Lobby) Suffolk County Department of Health Services 828 FRONT STREET, R O~ BOX 803 GREENPORT, NY 11944 (516~ 477-]016 July 2, 1991 $outhold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 RE: APPLICATION OF MICHAEL CHOLOWSKY FOR SPECIAL EXCEPTION HORTON LANE, SOUTHOLD, NEW YORK Gentlemen: Enclosed herewith please find Full Environmental Assessement form with regard to the subject application. Please feel JKM/lmt enclosure free to contact me if you have any questions. 'L 14-16-2 {2/87)--7c 617.21 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. Frequent- ly. there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and 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 smalt to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 ~nd 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonabiy determined by the lead agency that: ----. A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a s~gnificant impact on the environment, therefore a negative declaration will be prepared. -- B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* Z C, The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION IApplication of Michael Cholowsky (Linda C. Casola) E/S 3340 Horton's Lane, Town of Southold, County of Suffolk, NY IMichael CholowSky BUSINESS TELEPHONE (516~ 477--1016 828 Front St., PO Box 803 ' A DRE , ~lC~O ~. Kevin McLaughlln, STATE I ZIP CODE NY I 1!944 BUSINESS TErBPHONE ADDRESS (no #) North Road, I C]TYIPO STATE ZIP CODE ,Hampton Ba~;s, I NY [ 11946 DESCRIPTION OF ACTION Establishment, c6nstruction and operation of a golf club consisting of golf driving range, miniature golf course and office building for above. ' Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall proiect, both developed and undeveloped areas. 1 Present land use: []Urban CllndustriaJ []Commercial i~,Forest []Agriculture ~Other 2 Total acreage of project area: 1 6.7 + acres. APPROXIMATE ACREAGE Meadow or 8rushland (Non-agricultural) Forested Agricultural (;ncludes 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) qrass r-lResidentia[ (suburban) ~Rural (non-farm) 16.7~ PRESENTLY ~FTER COMPLETION acres acres acres 3 ± acres acres 13 ± acres 3. What is predominant soil type(s) on project site? F4aficl a. Soil drainage: X"~Well drained 100 % of site I~Moderately well drained % of site []Poorly drained % of site b. If an,/agricultural land is involved, now many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification Systema n/a acres (See I NYCRR 370). 4. Are there bedrock outcroppings on proiect site? r-lyes ~'lNo a. What is depth to bedrock? unknown (in feet) $. Approximate percentage of proposed project site with slopes: ~J~0-10% ]. 00 % r-110-15 % % I~15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [Yes [~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I-Wes ]~No 8. What is the depth of the water table? 50-+ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? r~Yes ~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes [~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) gl[No Describe 1:[ Is the proiect site presently used by the community or neighborhood as an open space or recreation area? []-lYes []No If yes. explain 14. Does the present site include scenic views known to be important to the community? [Yes r~No 15. Streams within or contiguous to project area: D. ORe a. Name of Stream and name of River to which it is tributary 'L 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ~OD.(~ b. Size Cia acres) 17. Is the site served by existing public utilities? ITIYes I~No . a) If Yes, does sufficient capacity exist to allow connection~ [~Yes ~}No · b) If Yes. will improvements be necessary to allow connection? []Yes ' ~]No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, ,~rticle 2S-AA. Section 303 and 304? r~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 []Yes J~No 20. Has the site e~,er been used for the disposal of solid or hazardous wastes? I~Yes Z"~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 ~1.6.7 ± acres. b. Project acreage to be developed: 4-+ acres initially; 4-+ c. Project acreage to remain undeve!oped ]-2-+ acres. d. Length of project, in miles: n/& (If appropriate) e. If the proiect is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing 0 ' proposed 40 g Maximum vehicular trips generated per hour 20 (upon completion of proiect)? h. [f residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately i Dimensions (in feet) of largest proposed structure 18" height: 30 ~ wdth; __ I Linear feet cf frontage along a public thoroughfare proiect will occupy is? __ acres ultimately. %; Condominium 40 length 690-+ ft. 2. How much natural material (i.e.. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? J~Yes nNo ~]N/A a. If yes. for what intend , purpose is the site being reclaimed? go]f driving range b. Will topsoil be stockpiled for reclamation? IS~lYes I-INo c. Will upper subsoil be stockpiled for reclamation? []Yes r'lNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 3 + acres $. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? r~Yes []No 3-4 6. If single phase project: Anticipated period of construction 7. If multi-phased: n/a a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? r-lYes 8. will blasting occur during construction? []Yes ~lNo 9. Number of jobs generated: during construction 12 10. Number of jobs eliminated by this project O 11. Will project require relocation of any projects or facilities? nYes months, (including demolition). year, (including demolition). year. nNo ; after project is complete 4 If yes, explain 12. Is surface liquid waste disposal involved? I-lyes [~oNo 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 w~ste disposal involved? [~'Yes nNo Type cesspools 14. Will surface area of an existing water body increase or decrease by proposal? [Yes Explain ~No 15. ls project or any portion of project located in a 100 year flood plain? r'lyes ~No 16. Will the project generate solid waste? [~Yes I-1No a. If yes, what is the amount per month 1 tons b. If yes, will an existing solid waste facility be used? I'~Yes I-1No c If yes. give name Southold Town Landfi~location Cutchogue d Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes e. If Yes, explain 17. Will the project involve the disposal of solid waste? I-lyes ~No a. ~f yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? []Yes ~]No 19. Will project routinely produce odors (more than one hour per day)? I-IYes E'/No 20. Will project produce operating noise exceeding the local ambient noise levels? I-lYes 21. Will proiect result in an increase in energy use? :J~Yes I-INo If yes , indicate type(s) electric 22. If water supply is from we(Is, indicate pumping capacity unknown gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. 24 Does project involve Local. State or Federal funding? [l-lYes r'~No If Yes, explain ~No ~-~No Approvals Required: Type Submittal Date City, Town. Village Board I-lYes F-INo City, Town, Village Planning Board ,~Yes ~I~No City, Town Zoning Board ~Yes nNo City. County Health Department E~Yes I-'INo Other Local Agencies ~]Yes r-INo Other Regional Agencies t-lYes f-INo State Agencies r~Yes nNo Federal Agencies I~Yes ~]No C. Zoning and Planning Information Site plan approval special exception I Does proposed action involve a planning or zoning decision? ~0'es I~No :. If Yes. indicate decision required: r~zoning amendment ~zoning variance r-lspecial use permit nsubdivision D2site plan f~new/revision of master plan f-lresource management plan I-iother 2. What is the zoning classification(s)of the site? A/c Zone District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? upon oPt.special ~Y~m~lOn ~endin~ 4 What is the proposed zoning of the site? same 5 What is the maximum potential development of the site if developed as permitted by the proposed zoning? !C 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? ~Dt'es 7 What are the predominant land use(s) and zoning classifications within a 14 mile radius of proposed action? mixed commercial office and residential ENo 'L 8 Is the proposed action compatible with adjoining/surrounding land uses within a ~4 mile? :~Yes ~No 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? F-rYes [~o 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~Yes []No a. If yes, is existing capacity sufficient to handle projected demand? 0-lyes [~No 12 Will the proposed action result in the generation of traffic significantly above present levels? F-lyes ][~No a. If yes, is the existing road network adequate to handle the additional traffic~ ~Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal please discuss such impacts and th~ measures which you propose to mitigate or avoid them· E. Verification I certify that the ,nformatlon provided above is true to the best of my knowledge. / ~ A~pllcantlSponsor N,~e ~ ~~~l~V~ Date 9/~/ with lhis ass~ 5 Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read CarefulLy) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2} does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific proiect 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 cumlative effects. Instructions (Read carefully) a. Answer each of the 'Icj questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers shoutd be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column q 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 'I. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the proiect to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1 Will the proposed action result in a physicat change to the project site? nNO [:]YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil} per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway · Other impacts 2. Will there be an effectt, ..ny un,que or unusual land forms found on the site? (ie., cliffs, dunes, geological formations; etc.)r-INO ~]Y£S · Specific land forms: 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [-~Yes [] [] i--]Yes r--INo L--] [] ["-lYes []No [] [] I'-~Yes [-']No [] [] []Yes []No [] [] E3Yes ~No [] [] ~Yes []No [] [] ~Yes ~No [] [] rqYes QNo [] ~ ~Yes i'~No iC IMPACT ON WATER 3 Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [~NO nYES 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: 4. Will proposed action affect any non-protected existing or new body of water? []NO []YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of 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: 5 Will Proposed Action affect surface or groundwater quality or quantity? []NO ImYES 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 c:using any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will he conve~ e,.: off the site to facilities wh::h presently do not exist or have inadequate capacity · Proposed Action would use water in excess ef 20,000 gallons per day. · Proposed Action will likel,' ,.~.~.~e siltation or other discharge into an existing body of wat~.~ ,~. [r,e -'.'~mt that there will be an obv!cus visual contrast to natu;ai conditions. · Proposed Action will require the stcrage of pe:roieum or chemical products greater than 1,q00 gallons· · Proposed Action will allow residential uses in areas without water and/or sewer services · Proposed Action locates comnmrcial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities· · Other impacts' 6 Will proposed action alter drainage H,..w or patterns, or surface v. ater runoff? ImNO ~YES Ex;-.,ples that would apply to column 2 ' · Prop~.:.~d Action would change flood water flows. 7 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact ,Project Change [] [] ~'lYes I--?No [] [] (--]Yes f-iNo [] [] []Yes [-]No [] [] []Yes [] [] ImYes ~No [] [] F-)Yes []No [] [] i-lYes []No [] [] []Yes I--)No [] [] r-lyes []No [] [] []Yes []No [] [] F-lyes []No r~ [] []Yes [],~o [] ~ ~Yes ~--~o ~ --i []Yes []No ~ F-! r~:yes ~.No [] [] r-lYes r-No [] [] []Yes ~:~o [] [] =Yes []No [] :'~ []Yes "~ · Proposed Action may cause substantial erosion. · Proposed Action is incompatib)e with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? nNO r-lyES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. _e 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: IMPACT ON PLANTS AND ANIMALS 8. will Proposed Action affect any threatened or endangered species? ~NO I'~yE$ Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list. using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts' 9 Will Proposed Action substantially affect non-threatened or non-endangered species? F1NO F-lYES Examples that wou)d apply to column 2 · Proposed Action would substantially interfere with any resident or m~i~ratory 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 )ocaJly important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? [:3NO I~YES Examples that would apply to column 2 · The proposed actmon would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.] I 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [-]Yes I~No [] [] D-]Yes [-INo [] [] I'-JYes I-]No [] [] [-]Yes I--~No [] [] I'~ Yes [~]No [] [] nYes ~No [] [] I~Yes I--~No [] [] ~¥es ~3No [] [] I--lYes [-1No [] [] I--~Yes r-~No [] [] ~--IYes i-]No [] [] f-lyes I--]No [] [] [=]Yes D~o [] [] l--lyes [--INo [] [] [--]Yes I--1No [] [] ~Yes [] [-1 r~Yes I--~No 'C · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.S acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems {e.g., subsurface drain lines, outlet ditches. strip cropping); or create a need for such measures (e,g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources~ I~NO OYES (If necessary, use the Visual EAF Addendum in Section 617,21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? reNO ~YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any ~mpact 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 t~e NYS Site Inventory, · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities[ Examples that would apply to column 2 I~NO OYES · The permanent foreclosure of a future recreational opportunity, · A malor reduction of an open space important to the community. · Other ~mpacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] ~'l r-~yes I-'1 No [] [] []Yes t'-iNo [] [] []Yes [~No [] [] []Yes []No [] [] []Yes r-]No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes ~No [] [] I~Yes [] [] []Yes []No I-1. [] []Yes []No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ~]NO [YES Ezamples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems, · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? I-1NO []YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. -· Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action[' [NO ~YE$ 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 operatin8 noise exceeding the {ocaJ ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? []NO []YES Examples that would apply to column 2 e 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 liquified natural gas or other flammable liquids, · Proposed action may result in the excavation or other disturbance within 2.000 feet of a s~te used for the disposal of solid or hazardous waste. · Other impacts: 10 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] F-lYes [-INo [] [] ~--lYes []No [] [] I-lYes []No [] [] []Yes []No [] [] /--]Yes t-]No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No r-I [] DYes I'-INo [] [] []Yes []No [] [] []Yes []No [] m~ []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []NO [] [] []Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing community? [:]NO I-lYES 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 8oals. · 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.) 7. Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impact~: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] []Yes []No [] [] l-lYes I'~No [] [] []Yes I--]No [] [] []Yes fi, No [] [] []Yes ~o [] [] []Yes []No [] [] []Yes []No [] [] []Yes ,~No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts~ r-INO [~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 -L 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' Discuss the following for each impact identified in Column 2 of Part Z; 1. Briefly describe the impact. 2 Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by proiect change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the c!uestion of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 3, 1991 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Appl. No. ~ - Special Exception - Michael Cholowsky E/s Horton's Lane, Southold - A/C Zone District CTM #1000-55-1-9 (Owner: Lorinda C. Casola) Dear Mr. McLaughlin: As part of the Board's review of the above matter, the applicant is requested at this time to furnish a Long Environmental Assessment Form pursuant to the requirements of the N.Y.S. Environmental Quality Review Act (SEQRA). We enclose a copy for your use and return to our office together with the necessary information. Very truly yours, lk Enclosure GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 17, 1991 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Appl. No. 3990 - Special Exception - Michael Cholowsky E/s Horton's Lane, Southold - A/C Zone District CTM #1000-55-1-9 (Owner: Lorinda C. Casola) Dear Mr. McLaughlin: This will confirm that Board Members have reviewed the above application filed on April 1, 1991, and your letter received on April 4, 1991 was furnished to the Board for review at our April 10, 1991 Special Meeting. Please be aware that the Board has not changed its position that proof will be necessary for the applicant to show that he has met all the requirements of the code for the use requested, and you may proceed in any manner you deem necessary to protect your client's interests. No waiver has been given by the Board at this time as to this burden of proof, and the information you offer should be presented during the normal hearing process. This matter is pending SEQRA coordination at this time with the Planning Board, and enclosed is a copy of same for your file. Once SEQRA has been finalized, it is expected that preliminary comments and review may be received from the Planning Board pursuant to Section 100-254B(3) of the Zoning Code. We will keep you advised. Very truly yours, lk Enclosure GERARD P. CHAIRMAN GOEHRINGER 828 FRONT STREET, R O~ BOX 803 GREENPORT, NY 11944 (516) 477-1016 April 16, 1991 Town of Southold Board of Appeals Main Road Southold, N.Y. 11971 RE: Application for Special Exception Michael Cholowsky Horton Lane, Southold, N.Y. Gentlemen: While I have not received a written response to my letter to you dated April 3, 1991, it is my understanding that the Board's position remains that the applicant must in- corporate as a not-for-profit corporation prior to closing any hearing in this matter. Please ~dvi~e me in Qriting~whether the above accurately sets forth the Board's position, so that I will know how to proceed. cc: Southold Town Attorney 828 FRONT STREET, R O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 April 3, 1991 Town of Southold Board of Appeals Main Road Southold, N.Y. 11971 RE: Application for Special Exception Michael Cholowsky IIorton ~ .... ~,e, Southold, N.Y. 11971 Gentlemen: In your letter to me dated March 12, 1991, you indicated that the applicant must furnish "...LeGal documentation showing that the proposed uses will nog be conducted for profit as a business enterprise..." In response, as part of our refiling the application, a letter from Mr. Cholowsky has been provided obligating himself to incorporate as a not-for-profit corporation. A copy of said letter is enclos- ed herewith. To require my client to incur the cost and delay necessary to incorporate as a not-for-profit corporation prior to approval of the Special Exception Application seems totally unnecessary. It would seem to me that any such approval could be expressly conditioned upon the fulfillment of this requirement. JK~/dmd enclosure cc:Michael Cholowsky 2605 Deep Hole Drive Mattituck, N.Y. 11952 In addition, § 100-31 B (7) (C) states: "Such use shall not be conducted for profit as a business enterprise". No where is it mandated that the business be operated by a not-for-profit corporation. The sole requirement is that it shall not be conducted for profit as a business enter- prise. The applicant has agreed not to conduct his opera- tion for profit as a business enterprise. That is all the code requires..-~ Ver~. f~/.~~~ 2605 Deephole Drive Mattituck, New York March 29, 1991 11952. Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 RE: SPECIAL EXCEPTION PERMIT APPLICATION MICHAEL CHOLOWSKY/LORiNDA C. CASOLA 1000 - 55 - 1 - 9 AT IIORTON'S LANE, SOUTHOLD, Gentlemen: NEW YORK Please be advised that the undersigned, upon obtaining a special exception and site plan approval for the above- referenced project, will incorporate as a not-for-profit corporation pursuant to the laws of the ~ate of New York. The proposed enterprise will not be operated for profit, pursuant to §100-31(7) of the Southold Town Code. To require the incorporation of the not-for-profit corp- oration prior to obtaining all necessary approvals would place a great hardship upon the applicant. Very truly yours, MC/lt § 100-31 ZONING § 109-31 (f) Any nursing home, hospital or sanatorium shall meet the following standards: [1] All buildings shall be of fire-resistive construc- [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are de- fined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the ~)) propesed structure is to be constructed. Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs  catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. Such use shall not be conducted for profit as a business enterprise.' 10041 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION Appeal No. 4021 SE Project Name: Michael Ch010wsky County Tax Map No. 1000- 5 5- 1- 9 Location of Project: E/S H0rt0n's Lane, S0uth0]d, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1991 Relief Requested/Jurisdiction Before This Board in this Project: Special Exception for Non-profit g0]f driving range and private miniature golf This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should'be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written con~nents by your agency to be submitted with the next 20 days. {' } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. {)(3 this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further inf6rmation, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm We, the undersigned residents of the Town of Southold, submit this petition to the Southold Town Board of Zoning Appeals in opposition to Application # 3990 now being considered. The basis of our 6pposition is our belief that relief from Article III Sec. 100-31 (7)(C) of Chapter 100 of the Code of th~ Town of Southold will change the exception from a use that could be beneficial to a residential area to a use that would be detrimental and totally in conflict with the intent of the existing Agricultural-Conservation District - Low Density RUsidential Zoning. In addition, we wish this petition to serve as a further objection to any application now filed or to be filed which asks for a special exception to be granted by the Board of Appeals for the use now proposed on the plan associated with Application # 3990. The proposed use as a "golf ball driving range and mini- ature golf concession", either for profit or not for profit, is totally inconsistant with Article III Sec. 100-31 (7) of the Code. We further wish to register our objection to Application # 3990 as an attempt tJncroach into a residential area which i~ off the appropriate commercial/retail main/ highways. Such encroachment is a general concern which should be shared by all of the residents of the Town of Southold. NAME ADDRESS 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 April 3, 1991 Town of Southold Board of Appeals Main Road Southold, N.Y. 11971 RE: Application for Special Exception Michael Cholowsky Horton Lane, Southold, N.Y. 11971 Gentlemen: In your letter to me dated March 12, 1991, you indicated that the applicant must furnish "...Legal documentation showing that the proposed uses will not be conducted for profit as a business enterprise..." In response, as part of our refiling the application, a letter from Mr. Cholowsky has been provided obligating himself to incorporate as a not-for-profit corporation. A copy of said letter is enclos- ed herewith. To require my client to incur the cost and delay necessary to incorporate as a not-for-profit corporation prior to approval of the Special Exception Application seems totally unnecessary. It would seem to me that any such approval could be expressly conditioned upon the fulfillment of this requirement. JKM/dmd enclosure cc:Michael Cholowsky 2605 Deep Hole Drive Mattituck, N.Y. 11952 In addition, § 100-31 B (7) (C) states: "Such use shall not be conducted for profit as a business enterprise". No where is it mandated that the business be operated by a not-for-profit corporation. The sole requirement is that it shall not be conducted for profit as a business enter- prise. The applicant has agreed not to conduct his opera- tion for profit as a business enterprise. That is all the code requires.Very/tr~.~yo~ 2605 Deephole Drive Mattituck, New York March 29, 1991 11952. Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 RE: SPECIAL EXCEPTION PERMIT APPLICATION MICHAEL CHOLOWSKY/LORiNDA C. CASOLA 1000 - 55 - 1 - 9 AT IIORTON'S LANE, SOUTHOLD, Gentlemen: NEW YORK Please be advised that the undersigned, upon obtaining a special exception and site plan approval for the above- referenced project, will incorporate as a not-for-profit corporation pursuant to the laws of the ~ate of New York. The proposed enterprise will not be operated for profit, pursuant to §100-31(7) of the Southold Town Code. To require the incorporation of the not-for-profit corp- oration prior to obtaining all necessary approvals would place a great hardship upon the applicant. Very truly yours, MC/it § 100-31 ZONING § 100-31 (~ Any nursing home, hospital or sanatorium shall meet the following standards: [1] All buildings shall be of fire-resistive construc- tion. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are de- fined by the Sanitary Code of the Public Health Council of the State of New York.) Eight thousand (8,000) square feet of lot area shall be provided for each patient bed. [4] (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the ~) proposed structure is to be constructod. Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) %. (b) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. Such use shall not be conducted for profit as a business enterprise.. lO0.tl z- aa- ss JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk April 1, 1991 ZONING APPEAL NO. 4021 - MICHAEL CHOLOWSKY Transmitted herewith is the Application for Special Exception No. 4021 - Michael Cholowsky together with a letter from J. Kevin McLaughlin, Esq., the Notice to Adjacent Property Owners, Notice of Disapproval from the Building Department, Short Environmental Assessment form, the Zoning Board of Appeals' Questionnaire, a letter from Michael Cholowsky to the Board of Appeals, and a map of the proposed project. Judith T. Terry Town Clerk 828 FRONT STREET, I~ O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 April 1, 1991 Town of Southold Zoning Board Southold Town Hall Main Road Southold, NY 11971 RE: APPLICATION FOR SPECIAL EXCEPTION MICHAEL CHOLOWSKY HORTON LANE, SOUTHOLD, NEW YORK 11971 Gentlemen: Enclosed herewith please find: 1. Notice of Disapproval dated December 3, 1990; 2. Application for Special Exception; 3. Notice of Adjacent Property Owners; 4. Short Environmental Assessment Form; 5. Questionnaire; 6. Letter from Michael Cholowsky dated March 29, 1991; 7. Four (4) copies of the Preliminary Site Plan; and 8. Check in the sum of $300.00 representing fee for Special Exception. If you have any questions, please feel free to con, ct me. Ve~y. t ru~y~~ enclosure 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 March 8, 1991 Town of Southold Zoning Board Southold Town Hall ~ain Road Southoid, New York 11971 RE: APPLICATION FOR SPECIAL EXCEPTION MICHAEL CHOLO%~SKY HORTON LANE, SOUTHOLD, NEW YORK Gentlemen: With reference to the subject matter, I have enclosed herewith the following: 1. Notice of Disapproval dated December 3, 1990; 2. Application for Special Exception; 3. Notice to Adjacent Property Owners; 4. Short Environmental Assessment Form; 5. Questionnaire; and 6. Check in the sum of $300.00 representing fee for Special Exception. Please be advised that four (4) copies of the existing survey were forwarded to your office on November 5, 1990 regarding the variance application file number 3990. if you require additional contact me. JKM / lmt enclosure information, to Ver please feel free 2605 Deephole Drive Mattituck, New York March 29, 1991 11952 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 RE: SPECIAL EXCEPTION PE~IT APPLICATION MICHAEL CHOLOWSKY/LORINDA C. CASOLA 1000 55 - 1 - 9 AT HORTON'S LANE, SOUTHOLD, NEW YORK Gentlemen: Please be advised that the undersigned, upon obtaining a special exception and site plan approval for the above- referenced project, will incorporate as a not-for-profit corporation pursuant to the laws of the State of New York. The proposed enterprise will not be operated for profit, pursuant to §100-31(7) of the Southold Town Code. To require the incorporation of the not-for-profit corp- oration prior to obtaining all necessary approvals would place a great hardship upon the applicant. Very truly yours, Michael ~ky MC/lt APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigorfis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (5 ! 6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 12, 1991 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Special Exception Permit Application Michael Cholowsky/Lorina C. Casola 1000-55-1-9 at Horton's Lane, Southold Dear Mr. McLaughlin: As required by Article XXVI, Section 100-262A of the provisions of the Town Zoning Code, the above special-exception permit application and maps were reviewed for completeness and/or conformity with the zoning code. The subject application has been determined to be incomplete and/or not in conformance with the zoning code, as submitted, for the following reasons: 1. The subject map does not comply with the zoning requirement subsection (a) of Section 100-31B7 which requires "...no...parking area shall be located within one hundred feet of any street line or within fifty feet of any lot line .... " {You will note that the proposed parking area is shown to be 23 feet from the street line.}; 2. You may wish to correct and re-send the neighbor notification forms which refer to Section 100-31.7(c), unless you are intending to continue with a variance from subsection (c) {which is on file}. 3. When re-submitting the special exception permit application, please furnish legal documentation showing that the proposed uses will not be conducted for profit as a business enterprise in this Agricultural-Conservation District {to conform with subsection (c) of the code}. 4. The County Tax Map Numbers on both the application and the notice to adjacent property owners forms appear to be incorrect. Page 2 - March 12,~91 To: J. Kevin McLaughlin,~ Esq. Re: Special Exception - Chowlowsky/Casola Upon resubmission of the subject application, together with the other items and corrections, noted previously, the board will be in a position to review the same and proceed accordingly pursuant to law. Accordingly, the documentation as submitted on March 11, 1991 are returned since it is incomplete and in nonconformance with the zoning code, as noted above. lk Enclosures Very truly yours, PROJECT I.D. NUMBER 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be completed by A0plicant or Project sponsor) APPLICANT/SPONSOR Michael Cholowsk~ i 2. PROJECT NAME PROJECT LOCA?ION: ~umc~a,~ Southold Cou.~ Suffolk 123'~ north of County Route 48 with the easterly.side of Horton Lane ~ New [] Expansion [] Modi flcat Ionlalteratlor~ DESCRIBE PROJECT BRIEFLY: establishment, construction and operation of a golf club consisting of a golf driving range, miniature golf course and office building. 7. AMOUNT OF LAND AFFECTED: Inlliall._.__._._~y 16.7 + - acres UIHmately __1 6.7 + _ acres B. WILL PROPOSED ACTION COMPLY WITH F-XISTING ZONING OR OTHER ;=XISTING LAND USE RESTRICTIONS? ~ Yes [] No If NO, ~escribe briefly 9. WHAT IS PRESENT ~NO USE IN VICINI~ OF PROJECT? - [] Residential [] Industrial :[] Commercial [] Agriculture ~ Par~Forest/O~en SDace [] Oth~ Describe: Lucas Ford is across the street and property to the south is zoned for business 10. DOES ACTION INVOLVE A PERMIT APPROVAl., OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCy (FEDERAl.. STATE OR LOCAL)? X~] Yes [] NO It yes, list agency(s) and permit/approva/s Southold Town Planning Board Site plain approval from DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODiFiCATION? []Yes []No n/a I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicamls~onsot name: Michael Cholowsky sl~na,u,~: ~~ e~,e: ~3/]/9~ ~-~he action is in the Coastal Area. and you ~~ ~ Coastal Assessment Form before proceeding with this assessm'ent , ~,~ OVER 1 (ContinUed on ~e~'e..s~e) SEQR ~reparer0s Si~,ature=~ Representing: Z~A ~/75 " t_~he N.Y.S. EnvirOnmental Qualit~ R- ' of nls form, and an env' 'nment~! ~=evleW Act requires submission (b) If any question has been answered Yes the project may be sig- (o} I£ all questions have been answered No it is likely that the projec= is no= Significan=o (d) E~nvironmental Assessment .___.Yes X No ~Yes X ~o 8. Will project have a major effect on visual char- envircamental area by a local agency? ~es X No 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or . ' systems? · X 12. Will project regularly cause objectionable odors, ance as a result of the project's operation? ~.Yes X No 13. Will project have any impact on public health charact~ of the community or neighborhood? 15. Is there public controversy COncerning the X Date:3/1/91 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Lorinda C. Casola Owner Michael Cholowsk¥ Tenant with purchase option B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x~ No. (If Yes, please attach copy of '~conditions" of sale.~ C. Are there any proposals to change or alter land contours? { } Yes { ~ No 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? no 3. Is the property bulkheaded between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? no E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? none If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Vacant Lane and proposed use golf driving ranger miniature golf course, ancillary sales and rentals. Authorized Signat~ure and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5~4 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by~L.L. No. 6-1985]: -fC~ '~" ? ~T ~iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which groxvs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. Bo FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2- 2s- ss APPEALS BOARD MEMBERS Gerard p. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 12, 1991 J. Kevin McLaughlin, Esq. 828 Front Street P.O. Box 803 Greenport, NY 11944 Re: Special Exception Permit Application Michael Cholowsky/Lorina C. Casola 1000-55-1-9 at Horton's Lane, Southold Dear Mr. McLaughlin: As required by Article XXVI, Section 100-262A of the provisions of the Town Zoning Code, the above special-exception permit application and maps were reviewed for completeness and/or conformity with the zoning code. The subject application has been determined to be incomplete and/or not in conformance with the zoning code, as submitted, for the following reasons: 1. The subject map does not comply with the zoning requirement subsection (a) of Section 100-31B7 which requires "...no...parking area shall be located within one hundred feet of any street line or within fifty feet of any lot line .... " {You will note that the proposed parking area is shown to be 23 feet from the street line.}; 2. You may wish to correct and re-send the neighbor notification forms which refer to Section 100-31.7(c), unless you are intending to continue with a variance from subsection (c) {which is on file). 3. When re-submitting the special exception permit application, please furnish legal documentation showing that the proposed uses will not be conducted for profit as a business enterprise in this Agricultural-Conservation District (to conform with subsection (c) of the code). 4. The County Tax Map Numbers on both the application and the notice to adjacent property owners forms appear to be incorrect. Page 2 - March 12,~191 To: J. Kevin McLaughlin, Esq. Re: Special Exception - Chowlowsky/Casola Upon resubmission of the subject application, together with the other items and corrections, noted previously, the board will be in a position to review the same and proceed accordingly pursuant to law. Accordingly, the documentation as submitted on March 11, 1991 are returned since it is incomplete and in nonconformance with the zoning code, as noted above. Very truly yours, lk Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 12, 1991 J. Kevin McLaughlin, 828 Front Street P.O. Box 803 Greenport, NY 11944 Esq. Re: Special Exception Permit Application Michael Cholowsky/Lorina C. Casola 1000-55-1-9 at Horton's Lane, Southold Dear Mr. McLaughlin: As required by Article XXVI, Section 100-262A of the provisions of the Town Zoning Code, the above special-exception permit application and maps were reviewed for completeness and/or conformity with the zoning code. The subject application has been determined to be incomplete and/or not in conformance with the zoning code, as submitted, for the following reasons: 1. The subject map does not comply with the zoning requirement subsection (a) of Section 100-31B7 which requires "...no...parking area shall be located within one hundred feet of any street line or within fifty feet of any lot line .... " {You will note that the proposed parking area is shown to be 23 feet from the street line.}; 2. You may wish to correct and re-send the neighbor notification forms which refer to Section 100-31.7(c), unless you will are intending to continue with a variance from subsection (c) {which is on file}. 3. When re-submitting the special exception permit application, please furnish legal documentation showing that the proposed uses will not be conducted for profit as a business enterprise in this Agricultural-Conservation District {to conform with subsection (c) of the code}. 4. The County Tax Map Nuntbers on both the application and the notice to adjacent property owners forms appear to be incorrect. Page 2 - March 12, it To: J. Kevin McLaughl-ln, Re: Special Exception - Esq. Chowlowsky/Casola Upon resubmission of the subject application, together with the other items and corrections, noted previously, the board will be in a position to review the same and proceed accordingly pursuant to law. Accordingly, the documentation as submitted on March 11, 1991 are returned since it is incomplete and in nonconformance with the zoning code, as noted above. Very truly yours, lk Enclosures GERARD P. CHAIRMAN GOEHRINGER 828 FRONT STREET, 1~ O. BOX 803 GREENPORT, NY 11944 (516) 477-1016 March 8, 1991 Town of Southold Zoning Board:.:" Southold Town Hall ~qain Road $outhold, New York 11971 APPLICATION FOR SPECIAL EXCEPTION MICHAEL CHOLOWSKY HORTON LANE, SOUTHOLD, NEW YORK Gentlemen: With reference to the subject matter, I have enclosed herewith the following: Notice of Disapproval dated December 3, 1990; Application for Special Exception; Notice to Adjacent Property Owners; Short Environmental Assessment Form; Questionnaire; and Check in the sum of $300.00 representing fee for Special Exception. Please be advised that four (4) copies of the existing survey were forwarded to your office on November 5, 1990 regarding the variance application file number 3990. ~: you require additional information, please feel contact me. JKM / lint enclosure free to Ver] ~in M. cLa~lghlin FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOW'N CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL . .~ .)~...~..~-...~.~.q.. ~. ~ .~ .q.q ...... PLEASE TAKE NOTICE that your application dated . .~'~.. ?..e.~....~..., ~ ......... 19 ~0.. , Ho~ No. ' ..... ~i~31 .................. ~'' 'h3~M County Tax Map No. 1000 Section ...~.~7~ ..... Block ..... ~] ...... Lot ...9.] ........ Subdivision ................. Filed Map No. ~ ............... Lot No ....... ~ .......... is returned, herewith and disapproved on the following grounds..~.~. ~. ~ ~.~.~ ~.: ~ 4.~ ~ ) ..~.~..~.. ~.. ~.~~...~..s ~..~%,.~.~'~ ~ ........... ~' '.% ......... ~ ............ q-%e ...... Rv ~/80 Building Inspector %,.-- TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We),MICHAEL CHOLOWSKI on behalf of a ~ of 965 Brigantine Drive not-~or-pro~zt corporation to De organized(Residence, House No. and Street) Southold, New York 11971 (Hamlet, State, Zip Code, Telephone Numbe~) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION (7) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): SEE ATTACHED PROPOSED SiTE PLAN Establishment, construction and operation of a golf club consisting of a golf driving range, miniature golf course and office building for above. A. Statement of Ownership and Interest. leasee with option to purchase is(are) the/e~)~of Michael Cholowsky property known and referred to as 3340 Horton's Lane, Southold, New York (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District lO00, SectionObb , Block ui , Lot(s) 01 , which is not (i~) on a subdivision Map (Filed , "Map of "Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the ~eoen Auqust, 1990 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: the subject property is adjacent to business zoned property to the south and across thestreet is located Lucas Ford. The proposed use as a golf club will allow the property to remain largely as open sapce, as only a small fractior of the vacant land will be improved. C. The property which is the subject of this application is zoned A-C [ ] ~.$ consistent with tke use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): ~x] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORKi ss.: / / Sworn ~.o ~f~orT, me this lStday of March blic)' ' / . ) ZB2 (ce'v, 2/6/86) ~ ~Si gnature ) Michael[ Cholowsky , ]991. and BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of MICHAEL CHOLOWSKY to the Board of Appeals of the Town of Southold TO: MAHLON DICKERSON EDWARD D. DART BCC RESTAURANT CORP. NOTICE TO ADJACENT PROPERTY OW/~ER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to pezition the Board of Appeals of the Town of Southold torequestai~[}a]~K~ (Special Exception)~K~FaX]I~fK%~]b~[ Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property ~ ~nd is des- cribed as follows: Easterly side of Horton Lane. Southold. New York. Suffolk County Tax Map No. 1000 - 055 - 01 008 3. That the property which is the subiect of such Petition is located in the following zoning district: Aqricultur !---Conservation District 4 Thatb~suchPetition, theundersignedwillreques~thefollowingrelief: Establishment~ construction and operation of a qolf drivinq ranqe, a miniature golf course and office building for above. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-31.7(c) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, 5outhold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Lorinda C. Casola Post Office Address PO Box 803 Greenport, NY 11944 Tel . No. (.%t~) ~--~-;3 --ICq (-_~ [Copy of sketch or plan purposes.] showing proposal to be attached for convenience NAM~ PROOF OF MAll lNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~L~HLON DICKERSON Southold, New York EDWARD D. DART BCC RESTAURANT CORP. ~ 269 265 221 RECEIPT FOR CERTIFIED MAIL ~See Reverse) a on Dicker son P 269 285 RFCFIPT FOFI C£RTUq~:D MA~L NO INSURANCE COVERAGE PROVIDED NOT FOR {NTERNATIONAL MAIL (See Reverse) Edw d D. Dart P'~269 285 222 RECEIPT FOR CERTIFIED MAIL (See Reverse) Se~c Restaurant Co] reel Green' NY 11944 .29 TOTAL Pos/age an~' Fees .o.,..o,o.,. , 1.00 29 5worn to day of Peconic Lane Peconic, NY 11958 817 Main Street Greenport, NY 11944 t ,rcsidingat 609 First Street, Greenport~ , being duly sworn, deposes and says that on the __ day 1 91 _, deponent mailed a true copy of the Notice set forth on the re- )f the above-named persons at the addresses set opposite their respective ,ire the names of said persons are the addresses of said persons as shown on 'own of Southold; that said Notices were mailed at thc United States Post Of- ; that said Notices were mailed to each of said persons by DA M. TONYES ~ (This side does not have to be completed on form transmitted to adjoining property owners.) 617.21%. Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESS~IENT FORM For UNLISTED ACTIONs Only PART I--PROJECT INFORMATION (To be cornoleted by AODlicant or Project s0onsor) 1 o APPLICANT/SPONSOR Michael Cholowsk% .~~~ECT NAME 3. PROJECT LOCATION: ~ MunlclDalI~ Southold ~. ~~""~ Suffolk ~ 123'+ north of County Route 48 with the easterly.side of Horton Lane SEQR 5. IS PROPOSED ACTION: ~ ~ NeW [~ Exoanslo. O Modif Icat f onlalleta lion 6. DESCRIBE PROJECT BRIEFLY: ~ ~ esta..b~ishment, construction and operation of a golf club consisting of a golf driving range, miniature golf course and office building. T. AMOUNT OF LAND AFFECTED: Iniliall¥ 1 6.7 _+ -- acres UltrmaTelv ___/16.7 _+ 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes ~] NO II NO, describe I~rielly 9. WHAT IS PRESENT ~'D USE IN VICJNI~ OF PROJECT? Descr, ae: Lucas Ford is across the street and property to the south is Zoned for business 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AG~ [FEDERAL, STATE OR LOCAL)? X~[] Yes [] No I~ yes, lis1 agency(s) and petmiuap~rOVal$ Southold Town Planning Board Site plain approval from DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? [~No n/a I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE DE~:T OF MY KNOWLEDGE Ag~lican[Isponso~, name: Michael Cholowsky is in the C~al Area. and you are a I co:=t lAssessment Form before .;oceedin .... ~.'~ ~3ency, complete Ih~ OVER (Can~inued on rexe'~jse_si~e) Z~A ~/75 Date=3/1/91 LL~he N.Y.S. Enviro'nmental Quality Review Act re uir of :n~s form, and an environmental review will be a~de ~ submission before any action ia taken, th~ Ooar~ (c) If all questions have been answered No it is likely that the (d) E~nvironmental Assessme,~ 1. Will project result in a large physical chanqe 8. Will project have a major effect on visual char- 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health ~ charact~-~ of the community or neighborhood~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Lorinda C. Casola Owner Michael Cholowsk¥ Tenant with purchase option B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {xx} No. (If Yes, please attach cody of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes { ~ No 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? no 3. Is the property bulkheaded between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? no E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? none If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Vacant Lane and proposed use golf drivin~ range, miniature golf course, ancillary sales and rentals. thorized Signat~ure and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~'~ '~ "~' · ~ 'i~I DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which groxvs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall eordgrass, high bush. cattails, groundsel, marshmallow and low march eordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z-zs-ss .: R -80 H~ R-SO R-80 A-C ~ -M [ R-~80, .¢ :$ STATE OF NEW YORK COUNTY - SUFFOLK TOWN- OF'SOUTHOLD SWlS - 4?3889 R E A L P R O P E R T Y-~-'-r CROSS REFERENCE LIST; P A R C E~D EN Y CK :~gCEL ID R ~G N A M E - $&--~-& C SK CONNOLLY CHARLES B '~ W 54.-9-$ C TD DOMURAT HELEN D - 54.-9-6 C'TW BURK RONALD ~ WF 54.-9-7 C UP COONEY JAMES T & ANO --5&~-°~8 C VI GANASSA CHARLES A & WF 54.-9-Q C WB RIZZO FRANK JR & WF - 54o-°=10 C QE WISBAUER EDWARD 54.-g-12.1 C SM VOLZ WILLIAM R & ANO $4.-°-13 C SJ MURTAU~H ~R¥ E 54.-9-1~ C TC PURTELL GERARD D & WF -' 54~-9-15 C TV GUERRIN JEROME~F 54.-9-16 C UO MADAYAG MANUEL A & WF ---5~_--~-Tg~l C WW EPP FRANCES D 54.-0-18.2 C XS COCHRAN CARLISLE E JR ...... 54.-9-1q. 1 C-XP DILLENBECK RONALD B & 54.-Q-20 C QW RIZZO JO ANN ~5'--~3r=~ C LQ DONOPRIA ~INNE 55.-1-2 C MJ DONOPRIA RICHARD J & H --'-5~-~'~3:~ C OU ~OUNATSOS EVANGELOS 55.-1-3.3 C PQ BOUNATSOS EVANGELOS '~'55.-1-='3~& C' QM MILLIGAN ~CHARD V 55.-1-4 C NV TOWN OF SOUTHOLD 5~==~5 C O0~R~G~S ANYONE J JR $5.-1-6 C PH HAMAN WILLIAM & WF - - - LAND 800 700 70o ?DO 800 800 1,100 600 500 ?00 Z~900 1,200 1-,-200 ?00 800 1,600. 1,200 1,600 200 2,?00 500 ~rQA C QT AZ'NE VOLOSIK STANLEY J 1,400 ~[rvc°S~'A~.~_LON D & 0 10,700 CASOLA LORIND~ ...... &~OOU DART EDWARD D 3,100 C OA DART EDWARD D 3,100 C OW DART EDWARD D 3,100 C PS DART EDWARD D 4,300 C NC LANDSBERG STEVEN & SHE ~,000 C'NY BORN FRANK~ COLE .... 2,300 C OU 9ANDAZZO ~LDG CO 2,200 C PQ DISPIR~CA-~N~M ~ 3,000 55. -2-2 55.-~-5 55.-2-4.1 ~ S~-~--- ~, :2 ......... 55.-2-5.1 55.-2-5.3 55.-2-7 --'-'S $ :'=,'2:8='3 $5.-2-8.4 "--'~S. :2- 8_5 55.-2-~,. 6 -"-'-S S~-- 2- 9.1 S5.-~-10 ~55:' =2 =1 I C MZ SALMON ALBERT & HELEN 1,300 -C~S~ CR~A E'TE- ~J 0 ~ F 1 .OO0 C PH CANNING ARLETTE B 600 C'-'QD SAWICK~OSEPH-~-~--&' MA C QA WARD RICHARD G 1,000 C QW WAR~N~C C RS WARD RICHARD G & WF 1,600 C PX ~-~,H~GffEGO-~¥~ ~'F C QQ SARAGAS MICHAEL 7.100 ~ UT LILL[S GARY A & WF 2,300 C WL GRIGONIS ROBERT A & 1.800 C MF CARROLL ~OHN H & ANO 6~900 C MY--~O-F'?-~T JOH~ yO0- 3, $, 9, 7, 6, $, &, ~STATE OF NEW-YORK ............. R E A L P R 0 ~ E R T-Y "-S Y-S--T E coUNTY SUFFOLK C R 0 S S R E F E R E N C E L [ S T I N ~TOW~ 0c ~OUYHOLD PARCEL IDENTIFICATION SEQUEF~CE 473889 -- ' P ~R C EL~ O Y CK - - 1988 -- - RDG N A M E I-AND TOTAL 6).-1-5 C OE GRATTAN DANEEL P 200 200 63.;I-6 C OX G~.ATT~'~TT-~ " ~.O0 5,SOU 63.-1-7 C PQ WE[SSMAN ALLAN & WF ~00 3~00 ~63~1~ C RF MALONE-~T[~ RO~ 1,200 63.-1-~.2 C SB GRATTAN DANIE~ P 200 200 ~63~I~g C RC H~N AN~ M 1,FO0 63.-1-10 C LF PUDGE CORP 5~000 63~t~ C LY GREGORY NORMA 700 3,800 63.-1-12 C MR HACKERT WALTER & JEROM 2~100 5,600 63.-I-lh C OD WELZ JANE E &O0 2,200 63.-1-16 ._/ C PP BATUYIOS NICHOLAS H 2,300 2~300. 63~1~'~'~ ~ C ST C"& C ASSOCIATES ' 4.000 63.-1-19 C RU NORTH FORK PROFESSIONA 4~&00 63.-1-~1 C MQ GRASECK CARL J & CAROL 1,700 6,000 63.-1-~3 C OC PERRON ~EONE M 2,~00 63.-1-25 C PO CHARNEWS DAN[EL & WF 6~800 11,200 63.-1-27 CRA GREENFIELD MURRAY 500 63.-1-32 C OB SLIVONIK FRANK t,600 63.-1-34 C PN GAGEN SUSAN 1~00 --~3~;1 ~ LW TOWN OF SOUTROLD 100 '~ 63.-2-2 C MP KUJAWSKI DANIEL 700 63.-2-4 C OB GRATTAN JEROME F 500 63.-2-6 C PN GRATTAN JEROME F & ALI ),~00 65.-Z-7.1 C ~C NEW YO'~T-ATE )OO 6'3~;~ t~ST~E~ EDWARD F ~F 800 63.-2-9 C RS SIMMONS DEIRDRE 700 63.-2-11 C MO SANTACROCE HENRY SR & 500 63.-2~ C NH RUSKOWSKI DOROthY &O0 63.-~-13 C OR GRATTAN PETER JR ~ YF 300 ~800 63.-~-15.1_ C Q[ ZUKAS WILLIAM & GRAKE ~1-06000~~ 63.-2-17 C QY FALKOWSKI ALFRED ~ ~ W 600 2,700 6u~ 63.-~-19 C SK ALBERTSON ALBERT ~ J~ 500 ~63:;~;20 c~N--~A R A~O~ C H I'A--J 0 HN-&-~ F ~OO-- ~gO0 63.-2-21 CNG JARUSIEW[C MARY 500 ~"'~'22 C N~ 0 Y~-'--~D~ A R~ .... "~O0 ~00 ~ ...... ~'AGE 10T A~.3 bT-'-PARCELS'-CACTIVE)~---- ~erte Non purest rex gratiam facere cum lnJuria et damno sheriff agorum/n6n p6wdost r6ks gr6ysh(iy)om f~ysoriy kSm of aay ~tricts hi 6mnly -ery his~ kw6d /hich i~ sly '~ )ught /ndn ateri- injfiriyo 6t d~nmow /~yliy6r~m/, The king cannot confer a favor on one subject which occasions injury and loss to others. Non potest rex subditum realteatem onerare imposition- ibus /n6n p6wd~st r~ks s~bdsdam r6nat~nt0m bwnor6riy impozishiy6vaa~bos/. The king cannot load a subject with imposition against his consent. Non potest videri deslsse Imbere qui nunquam habdit /n6n p6wdost vsdiray dosfiyziy h0biriy kw/ly nS~kw~m h~-byuwot/. He cannot be considered as having ceased to have a thing who never had it. Non pr~estat hnpedlmentum quod de jure non sortitur effe~tum /n6n priyst0t 0mp~d~m6nt~m kw~d diy jfiriy nbn sdrdsdor of 6kt~m/, A thing which has no effect in law is not an impediment. Non procedendo ad aseissam rege inconsnito /n6n prbwssd6ndom ~ed osliyzom riyjiy inkons~ltow/. A writ to put a stop to the trial of a cause appertaining unto one who is in the king's service, etc,, until the king's pleasure respecting the same be known. Non-profit assoeiatkin. A group organized for pur- poses other than generating profit, such as a charita- ble, scientific, or literary organization. See also Non- profit corporation. Non-profit corporation. A corporation no part of the income of which is distributable to its members, di- rectors or officers. Corporations may be organized under the Model Non-Profit Corporation Act "for any lawful purpose or purposes, including, without being limited to, any one or more of the following purposes: charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry, and professional, commercial, industrial or trade association; but labor unions, cooperative organizations, and organizations subject to any of the provisions of the insurance laws of this State may not be organized under this Act." Id, § 4. For purposes of federal income taxation, an organization may be exempt as an "exempt organiza- tion'' if it is organized and operated exclusively for one or more of the following purposes: (a) religious, (b) charitable, (c) scientific, (d) testing for public safety, (e) literary, (f) educational, (g) prevention of cruelty to children or animals, or (h) to foster nation- al or international sports. See I.R.C. § 501(c) for a list of exempt organizations. Non pros /n6n pr6s/. Abbreviation of non prosequitur (q.v.). Non prosequitur/n6n pros6kwsdor/. Lat. He does not follow up, or pursue. If, in the proceedings in an action at law, the plaintiff neglects to take any of those steps which he ought to take within the time prescribed by the practice of the court for that put- pose, the defendant may enter judgment of non pros, against him, whereby it is adjudged that the plaintiff does not fdilow up (non prosequitor) his suit as he OUght to do, and therefore the defendant ought to have judgment against him. Under current rules practice, such failure would result in a dismissal of NON-RESIDENT the action or in a default judgment for defendant. Fed. R. Civil P. 41, 55. Non quieta movers /n~n kwayiyda movlriy/. Lat. Not to disturb what is settled. A rule expressing the same principle as that of stare decis~s (q.v.). Non quod dictum est, sed quod factum est Inspicitur /nfin kwbd d~t0m ~st sed kw~d f~kt~m ~st inspisod~r/. Not what is said, but what is done, is regarded. Nonr~our~. Status of person who holds an instru- ment which gives him no legal right against prior endorsers or the drawer to compel payment if the instrument is dishonored. Non,course loan. Type of security loan which bars the lender from action against the borrower if the security value falls below the amount required to repay the loan. It is used by the U.S. in loans to farmers on surplus crops. Non refert an qdis assensum suum pr~efert verbis, aut rebus ipals et factis /ndn r6fart ~n kwis as&n(t)sam s(y)fiwom priyfart virbos bt riybas [psos 6t f~ktos/. It matters not whether a man gives his assent by his words or by his acts and deeds. Non refert quid ex ~quipollentibus fiat /ndn r~fort kwid /~ks ~kwopol~ntabos fiiyat/. It matters not which of [two] equivalents happen, Non refert quid notum sit Judici, si notum non sit in forma judicii /n6n r6fort kwid n6wdom sit jfiwdosay, s&y n6wdom n6n sid in f6rm0 j6wdosay/. It matters not what is known to a judge, if it be not known in judicial form. Non refert verbis an factis fit revoeatio /n6n r6f0rt vSrbos ~cn fa~ktos fit r6v0k6ysh(iy)ow/. It matters not whether a revocation is made by words or deeds. Non-residence. Residence beyond the limits of the par- ticniar jurisdiction. In ecclesiastical law, the absence of spiritual per- sons from their benefices. Non-realdeat. One who does not reside within jurisdic- tion in question; not an inhabitant of the state of the forum. Special rules govern service of process on non-residents; e,g, Fed. R. Civil P. 4(e), See Long arm statutes. For the distinction between "residence" and "domi- cile,'' see Domicile. Non-resident alien. One who is neither a resident nor a citizen of this country. Non-resident decedent. Decedent domiciled in anoth- er jurisdiction at the time of his death. Uniform Probate Code, § 1~201(26). Non-resident motorist statutes, State laws governing the liability and obligations of non-residents who use the state's highways. Non ~ald~nthi pro clerleo rsgis /nfin r~zsd~nsh(iy)ow prfiw ki~hrakow riyj9s/. A writ, addressed to a bish- op, charging him not to molest a clerk employed in the royal service, by reason of his nonresidence; in which case he is to be discharged. Southold Town Board of Appeals -20- November 14, 1974 On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED, Craig A. Richter a/c Nickalas Casamisina, 10 Island View, Greenport, New York be GRANTED permission to construct addition to existing dwelling resulting in reduction in side yard at 10 Island View Lane, Greenport, as applied for, subject to the following condition: That applicant place the addition no closer than 7 feet to the property line from the northwesterly corner of the addition. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. ~B/o~rdMr. Louis Komorek came in for a discussion with the ~/ Bo~ regarding public use of the restaurant and bar at the Island's End Golf and Country Club. He said that by special exception only stockholders and golfers are supposed to be able to use the restaurant and bar. They would like to obtain permission to open it to the public so that people coming in from the street could use the restaurant and bar. The Chairman told Mr. Komorek that the Board of Appeals would not have the authority to do this as they would be creating a new zone. He suggested that Island's End might be able to get a change of zone for part of the property. The Chairman said that he thought they would have to go to the Town Board because, in effect, if the Appeals Board acted on it they would be creating something that is not permitted in a residential area. Mr. Komarek pointed out that there is a restaurant on each end of the golf course. Mr. Terry said that Brown's Snack Bar is Business and Skipper's'is an ex- tension of non-conforming use by the Appeals Board. The Chairman said he would not advise making the whole ~ ~/athing Business, only the restaurant. He suggested they make a study as to how many people walk in off the street. Mr. Komorek said they would like to find some way of advertising so people will know that they can come in. He said that a - lot of golfers go to Porky's. The Chairman said the proper procedure would be to go to the Town Board, probably to have n informal discussion first. C Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 119'71 T~lep~one 765-~6d0 APPEAL BO,ARD MEMBEES Robert ~/. Gilllsple~ Jr.~ Cheirrnen Robert Bergen Charles Grigonis, .Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals November 14, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.) , Thursday, November 14, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr.; Fred Hulse, Serge Doyen, Jr. Jr.; PUBLIC HEARING: Appeal No. 1963 - 7:30 P.M. (E.S.T.), upon application of Harvey Bagshaw, Deep Hole Drive, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) and Bulk Schedule for permission to construct Body Shop on property with insufficient side line. Location of property: N/S Main Road, Laurel (Dist.. 11), New York, bounded on the north by J. O'Connell; east by A. Goodale; south by Main Road; west by J. O'Connell. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: A previous appeal has been made. This prior appeal was for a special exception. What was denied was per- mission to construct a body shop. Is Mr. Bagshaw here? MR. HARVEY BAGSHAW: Yes. L, IARVIN T. HYMAN P.O. Box 964 Southold, New York 11971 (516)765-5538 February 20, 1991 Board of Zoning and Appeals Town of Southold Town Hall Southold, NY 11971 Gentlemen: Re: Application of Cholowsky -- Horton's Lane I reside at 570 Hickory Road and am writing this letter in opposition to the appli- cation of Michael Cholowsky for the construction of a golf driving range, minia- ture golf course, and batting cages on Horton's Lane, just north of the North Road. My examination of the file shows that the applicant has submitted no study showing what effect the proposed construction will have on traffic on Horton's Lane and on the North Road. Horton's Lane is a two lane road that leads dj- rectly onto the North Road. It is always heavily traveled. In the summer, when the complex which Mr. Cholowsky proposes to build will be most heavily in use, this heavy traffic is augmented by additional traffic generated by people who have summer homes in the area. The difficulty of entry and exit to and from the golf complex will be enormous as will entry onto the North Road, which is al- ready bad. A traffic light may have to be placed at the intersection. This should be carefully considered before action is taken on the application. The application does not state what Mr. Cholowsky's hours of operation will be. Certainly in the summer the complex will be open well into the night· Flood- lights will have to be kept on during this period. The application does not address the environmental effect that this will have on wildlife, including local birds and animals, nor on the people who have residences within the affected area. This, too, must be considered in connection with this application· I had hoped to personally present my concerns to the Board but have just learned that I will must be out of town on Friday night, t would appreciate it if this letter would be read into the record of the hearing. .,~,~ncerely, / '~/,., ~ ,, ~ '~,~. 'Marvin Hyman Registered Mortgage Broker N.Y.S, Banking Department Licensed Real Estate Broker ic[ard in[ers Mortgage Finance Consultants (516) 765-5214 FAX (516) 765-1226 P, O. Box 335 First Towne Realty Bldg - 2nd Floor Main Rd, $outhold, NY 11971 Mr. Gerald Gehringer, Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 January 14, 1991 Re: Application #3990 Hortons Lane Southold Dear Mr. Gehringer: I submit this letter to reinforce my arguments in opposition to the above application. On review of your file I did not see anything to indicate that a special exception for the proposed use had been granted. As set forth in Sec. 100-31 B(7) it is unlikely that a golf ball driving range will be accommodated as a "country club, golf club, public golf course, and an annual membership club, catering exclusively to members and their guests". The proposed use is about as retail/commercial as you can get and totally inconsistent with the existing zoning of the property. I see a vast difference between (say) the North Fork Country Club, which would appear to conform to this special exception use and the proposed use. Counsel for the applicant stated at your public hearing on January 12 that there is no other zone classification which accommodates a golf ball driving range. While I agree that it is not specifically stated as a permitted use in any of the retail/commercial districts, such use is not specifically prohibited either. If a given use is not specifically granted within the Code, does that mean it can go into any zoned area, residential or otherwise? That's what this application seems to be asking your board to approve. The request to obtain relief from subsection 7(C) cannot be granted. Aside from the president setting problem such relief would create, believe there is another issue which goes to the heart of this subsection. When the authors of the Code wrote subsection 7 it is clear that (C) was considered an important condition to any special exception for "golf clubs" etc. It is clear that the authors wanted to limit such special exception to a use that would enhance a residential area and (2) zone by precluding the retail/commercial aspect. Condition (C) is a very important part of subsection 7. Condition (C) cannot be fragmented out and dealt with as an isolated item. It is not an isolated condition. It is part of subsection 7 and is ~ncluded as a qualification for this exception use. In a given sentence if one word is stricken or modified the entire meaning of the sentence can be changed that has no relationship to what the speaker intended. Relief from subsection 7(C) is no different. It is part of subsection 7 which must be dealt with as a whole not in parts. The applicant asks your board to modify conditions of the Code to meet their needs. Their needs are totally inconsistent with subsection 7, as it exists in its entirety. If the specific relief requested in granted the intent and meaning of subsection 7 is changed and, for all practical purposes, the zoning is changed to permit "for profit" commercial enterprise. I don't think this is what your board wants, I am certain it is not what local residents want and it is not what the authors of the Code intended. If the applicants want to change the permitted use of the property they should submit an application for a zoning change to the appropriate board. I am also concerned, as all residents of Southold Town should be, to encroachment of commercial enterprise into residential areas which are located on arteries off main highways. This is such an encroachment. The fact that Lucas Ford is there is not an issue. Right or wrong Lucas was zoned for the present use when purchased. It shouldn't be there but it is. Let it stop there. Don't permit this wrong to create another. Res, pe/~t ful l~f submitted, Rtc]Tard A. Winters RAW:lms ST.~NLg¥ POSESS FOREST HILLS, NEW YORK 11375 January 28, 1991 Board of Appeals Town of Southold Main Street Southold, NY 11971 Re: Michael Cholowsky - Applicant Driving Range, etc. February 5, 1991 Calendar Gentlemen: I am attorney for the Kenney's Beach Civic Association, Inc. and I am authorized to advise you that our organization is vehemently opposed to the granting of the Cholowsky application to erect a golf driving range and various structures in connec- tion therewith on Hortons Lane north of County Road 48.' It is our considered opinion that this enterprise will be inappropriate in this community and will undoubtedly not only attract considerable traffic, but quite likely will also become a gathering place or "hangout" for large numbe~ of individuals with nothing better to do. We further suggest that the recent addition of the automobile dealership at that location also renders further congestion in that area inappropriate and inadvisable. The application should be denied. I would appreciate the receipt of a copy of your decision in this matter via the enclosed envelope. Thank you. SP/mb Encl. cc: Ms. Arline Richter NORTH F'ORK EN¥1RONME:NTAL COUNCIL, January 22, 1991 Zoning Board of Appeals Town of Southold Mr. Gerard P. Goehringer, P. O. Box 1179 Southold, New York 11971 Chairman. RE: lppl. No. 3990 - Cholowsky/Casola Dear Mr. Goehringer, I would like to take this opportunity to apologize for not attending the public hearing held Friday, January 11 on this application. We had planned to do so but, unfortunately the inclement weather kept our usual representatives at home. Therefore, I am requesting that you enter the following comments concerning this application into the record at this time. I have taken the opportunity to review the $outhold Town Code regarding the Agriculture-Conservation district and from my review of the permitted uses and uses permitted by special exception, I don't see where this application fits in. Section 100-31 B (7) does list beach, tennis, country, golf clubs and public golf courses, however, the Code does specify that these must cater exclusively to a membership and states that they shall not be conducted for profit as a business enterprise. This application is for a use, a driving range, that clearly will not have a membership and will be operated as a commercial business. It does not fit into the ~7/C district. According to state law a Zoning Board may provide relief from the regulations of the Zoning Code, but it cannot vary the criteria of the Code which I feel you would be doing if the variance, as applied for, were to be granted. non-profit organization for the preservation o! land, sea, air and quality of life printed on 100% recycled paper The definition of "Recreational Facility, Commercial" Section 100-13) seems to best describe the type of use ~roposed and therefore this project should be limited to the Business and Light Industrial zones. At this time, my primary concern rests with the method of obtaining approval for the project, not the proposed use. I strongly feel that the applicant should not be before the ZBA, he should either find a parcel in the appropriate zone or he should go before th~ Town Board and request a change of zone. Thank you for considering my comments. Sincerely, Sherry Johnson Program Coordinator Encl. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD,QF APPEALS TOWN OFSOUTHOLD SEQRA DESIGNATION OF LEAD AGENCY SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LEAD AGENCY: Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-1179 DATE: July 10, 1991 PROJECT DESCRIPTION: Determination by the Board of Appeals as to whether a golf driving range, miniature golf and related office building shall be authorized by Special Exception under Article III, Section 100-31B(7) of the Zoning Code, and for site plan approval by the Planning Board. Location of Site: 3340 Horton's La, Southold; CTM #1000-55-1-19 containing 16+- acres. This Notice is issued as a supplement to the requirements under 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law, and regulations pertaining to Local Law #44-4 (Chapter 44 of the Code of the Town of Southold). PUBLIC COMMENT: A Long Environmental Assessment Form (LEAF) has been completed for the above-described project and is coordinated herewith for your review. Specific comments on the project must be submitted in writing to the contact person named below not later than August 5, 1991. SEQR DETERMINATION: Project is an Unlisted Action. FOR FURTHER INFORMATION, CONTACT: Linda Kowalski Southold Town Board of Appeals 53095 Main Road - Box 1179 Southold, NY. 11971 516-765-1809 Copies of this Notice sent to: Commissioner-Department of Environmental Conservation Regional Office of the Department of Environmental Conservation, Region I Applicant (c/o J. Kevin McLaughlin as Attorney) Southold Town Planning Board (Involved Agency) N.Y.S. Department of Transportation Southold Town Clerk Bulletin Board (Lobby) 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 comptete the entire form, Parts A through E. Answers to these cluestions will be considered as part of the application for approval and may be subject to further verification and public review, Provide any additional information you believe will be needed to complete Parts 2 and 3, It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information req~ring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION IApplication of Michael Cholowsky (Linda C. Casola) E/S 3340 Horton's Lane, Town of Southold, County of Suffolk, NY NAME OF APPUCANT~PONSOR Michael Cholowsky t BUSINESS TELEPHONE (516) 477--1016 c~o ~. Kevin McLaughlin, 828 Front St., PO Box 803 Greenpor t, NY ! ! 944 L~l~ ~.NS~'6"]~~ aUS,NESS ~,HON~ ( ADDRESS (nO ~) ~O~th C,TYI,O I STATE [ ZIP CODE iHampton Bays, NY 11946 Establishment, c6nstruction and operation of a golf club consisting of golf driving raqge, miniature golf course and office building for above. 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: r-1, Urban 1-31ndustrial r'ICommercial CForest [~Agriculture ~Other 2. Total acreage of project area: 1 6.7 ± acres. APPROXIMATE ACREAGE Meadow or Brushland (Nor,-agricuJtural) Forested Agricultural (;ncludes 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) qrass 3. What is predominant soil type(s) on project site? . Rand C3Residential (suburban) ~Rural (non-farm) PRESENTLY ~FTER COMPLETION 1 6.7: acres acres acres ~± acres acres 1 3± acres a. Soil drmnage: X~Well d~a,ned 100 % of ate r-IModerately well drained __ % of site ~-IPooHy drained % of site b. If an,/agricultural land is involved, how many acres of sod a~e classified within soil group 1 through 4 of the NYS Land CIass~fication System~ n/a acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on prolect site? E]Yes R"INo a. What is depth to bedrock? unknown (in feet) 5. Approximate percentage of proposed proiect site with slopes: }~]0-10% ~[ 0 Q % 1-110-15 % % 1-115% or greater % 6. Is proiect substantially contiguous to. or contain a building, site. or district, listed on the State or the National Registers of Historic Places? []Yes L~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes ~]No 8. What is the depth of the water table? '50+ {in feet) 9. Is site located over a primary principal, or so e source,a~quifer~ nyes 10 Do hunt~n hsh~n or shell fish ' ' · ' g, ' ' g ' lng opportunities presehtly exist in the project area? []Yes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? []Yes [~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatmns) EYes ~CNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? []Yes F:~No If yes. explain 14. Does the present site include scenic views known to be important to the community? []Yes 15. Streams within or contiguous to project area: T~OT~e a. Name of Stream and name of River to which it is tributary 16. Lakes. ponds, wetland areas within or contiguous to project area: a. Name ~_OT~e b. Size (In acres) 17. Is the site served by existing public utilities~ l~Yes []No · a) If Yes. does sufficient capacity exist to allow connection? []Yes C~No · b) If Yes. will improvements be necessary to allow connection? .[Yes ' :'C~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law. ~rticJe 2S-AA. Section 303 and 304? []Yes :I[2~1o 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 ~Yes J~No 20. Has the site e~'er been used for the disposal of solid or hazardous wastes? I~Yes ~No B. Project Description 1. Physical dimensions and scale of proiect {fill in dimens,ons as appropriate) a. Total contiguous acreage owned or con,roiled by prolect sponsor ]-6.7 '"- acres. b. Project acreage to be developed: 4-+ acres initially; 4-+ c. Project acreage to remain undeve!ooed i2+ acres. d. Length of project, in miles: rt/~ (If appropriate) e. If the proiect is an expansion, indicate percent of expans.~on proposed f. Number of pi:f-street parking spaces existing 0 ; proposed 40 g. ~4aximum vehicular trips generated per hour ?0 . {upon completion o{ prolect)? h. If residential: Number and type of housing units: One Famdy Two Familv Multiple Famdy Initially Ultimately i D~mens~ons (in ieet) of largest proposed structure 18 ' height; 3~) ~ w,dth; j Linear feet cf frontage along a public thoroughfare prolect will occupy is? (~90-+ ft. 3 acres ultimately. 40 length. 2. How much natural material (i.e., rock. earth, etc.) will be removed from the site? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? [Yes I-INo [-IN/A a. If '/es. for what intend .. purpose is the site being reclaimed? golf driving ran,~e b. Will topsoil be stockpiled for reclamation? []Yes [-]No ' c. Will upper subsoil be stockpiled for reclamation? []Yes , r'lNo 4. How many acres of vegetation (trees. shrubs, ground covers) will be removed from site? 3-+ acres 5. Will any mature forest (over 100 years old) or othe%locally-important vegetation be removed by this project? . - r~No 6. If single phase prolect: Anticipated period of construction 3-4 months, (including demolition). 7. If multi-phased: n/a a, Total number of phases anticipated (number). b. Anticipated date of commencement phase I month year, (including demoliti~)n). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes r-INo L g. Will blasting occur dur ng construction? r'lyes gqNo 9. Number of jobs generated: during construction 12 ; after proiect is complete 4 10. Number of iobs eliminated by this proiect O %.- 11. Will project require relocation of any projects or facilities? []Yes [~1o If yes, explain I. 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? [~'es r-lNo Type cesspools 1'4. WiU surface area of an existing water body increase or decrease by proposal? 0-1Yes Explain ~,No 15. Is project or any portion of project located in a 100 year flood plain? r-lYes ~No Will the proiect generate solid waste? i~Yes (]No a. if yes, what is the amount per month 1 tons b. If yes. will an existing solid waste facility be used? rgYes (-1No c. If yes. give name Southold Town T,andfil~location Cutchoqu~ d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes e. If Yes, explain 17. Will the project involve the disposal of solid waste? I'qYes ~QNo a. If yes. what is the anticipated rate of disposal? tons/month b. If yes, what is the anticip, ated site life? years. 18. Will project use herbicides or pesticides? eYes UNo 19. Will project routinely produce odors (more than one hour per day)? r-lYes 20. Will project produce operating noise exceeding the local ambient noise levels? OYes 21. Will proiect result in an increase in energy use? ;[]Yes r-INo If yes . indicate type(s) electric 22, If water supply is from wells, indicate pumping capacity unkrn°Wn gallons/minute. 23. Total anticipated water usage per day , ~00 gallons/day. 24 Does proiect involve Local, State or Federal funding? []Yes If Yes. explain 25. Approvals Required: Type Submittal Date City. Town. Village Board [~Yes I-INo City. Town. Village Planning Board [~Yes ~--.No City. Town Zoning Board [~Yes ~'lNo City, County Health Department I-Wes r"lNo Other Local Agencies t-Wes Other Regional Agencies r~Yes C]No State Agencies I-lyes I-TNo Federal Agencies r-rYes f-lNo Site plan approval special exception upon oPt.special ~D~lon ~endins C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~t'es rqNo _ If Yes. indicate decision required: r~zoning amendment [~zoning variance [~special use permit ~subdivision rgsite plan imnewlrevision of master plan ~resource management plan C]other 2. What is the zoning classification(s)of the site? A/c Zone District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? same 5. What is the maximum potential dbvelopment of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? :~{~'Yes 7. What are the predominant land use(s) and zoning classifications within a V, mile radius of proposed action? · mixed commercial office and residential ~No 8 Is the proposed action compatible with adjoining/surrounding land uses within a '4 mile? :~Yes r~No 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? r'lyes [~No 11 Will the proposed action create a demand for any community provided services (recreation. education, police. fire protection}? ~'Yes ~;]No a. If yes. is existing capacity sufficient to handle prolected demand? l-lyes I~No 12 Will the proposed action result in the generation of traffic significantly above present levels? r~Yes :~'~o a. If yes. is the ex,sting road network adequate to handle the additional traffic? ~Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. '- E. Verification I certify that the ~nformatmn provided above is true to the best of my knowledge. / · the a~l,on% ,h~a:ta:Area. a~d you a~ta,: agency compi;;e th'; Cea'' ira, As0smen, Form beiore proceeding w~lh Ih~s assess~ 5 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of MICHAEL CHOLOWSKY to the Board of Appeals of the Town of Southold TO: MAHLON DICKERSON EDWARD D. DART BCC RESTAURANT CORP. NOTIC£ TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ai'~klNle~ (Special Exception)XKl~d~J~l~R~ (Other) [circle choice] : ). cribed 2. That the property which is the subject of the Petition is located adjacent to your property and is des- asfollows: Easterly side of Horton Lane. Soutnolck~~~lj( County Tax Map No. 1000 - 055 - 01 - 009 3. That the property which is the subiect of such Petition is located in the following zoning district: Aqricultur~ 1-~Conservation District 4 Tbath~suchPetition, theundersignedwillrequestthcfollowingrelief: Establishment~ construction and operation of a golf driving range, a miniature golf course and office buildin~ for above. 5. That the provisions of the Southold Town Zoning Code applicable to thc relief sought by the under- signed are Article III Section 100-31.7 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. 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 ma)' then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief ~ought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Lorinda C. Casola Post Office Address PO Box 803 Greenport, NY 11944 Tel. No. [Copy of sketch or purposes.] plan showing proposal to be attached for convenience NAM~ PROOFOF MAltING OFNOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS MAHLON DICKERSON Southold, New York EDWARD D. DART Peconic Lane Peconic, NY 11958 P 269 285 E31 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Se t to ~IC Restaurant Corp. P 269 265 ~29 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDE[~ NOT FOR INTERNATIONAL MAIL (See Reverse) ~on Dickerson 269 285 230 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED NOT FOR INTERNATIONAL MAIL (See Reverse) SenE~ward~'~ D. Dart st~ ~ic Lane Peconic, NY 11958 .29 CedifleO Fee 1. 0 0 Return Receipt show~ng i. 0 0 2 9 ......... '"': ..: . Sworn to ,befof~/ day of 817 Main Street Greenport, NY 11944 ,residlngat 609 First Street, Greenport~ , being duly sworn, deposes and says that on the 29th day 9 91 , deponent mailed a true copy of the Notice set forth on the re- the above-named persons at the addresses set opposite their respective e the names of said persons are the addresses of said persons as shown on wn of 5outhold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)