HomeMy WebLinkAbout1000-121.-3-6 ... .... _... ... _ .. ._._.__ .
` 1412.6 QiVj-9C --- -- --- SEAR
617.21
Appendix E
State Environmental Quality Review
POSITIVE DECLARATION
Notice of Intent to Prepare a Draft EIS
Determination of Significance
Project Number coz-pet.-291 Date November 15, 1988
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article
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8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Southold Town Board , 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: Change of Zone request for Randall J. Feinberg
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SEAR Status: Type I ❑
Unlisted C�
Description of Action:
Request for a change of zone on applicant's premises from
the existing A - Residential - Agricultural to "C" Light
Industrial.
Location: (Include street address and the name of the municipality,cour;y. A location map of appropriate
scale is also recommended.)
Location at Sound Avenue, Mattituck, Town of Southold, County of
.Suffolk. See also attached location map.
SEOR Positive Declaration Page 2
Reasons Supporting This Determination: .
I -
See EAF Parts II & III attached
A change of zone for this parcel would result in significant
impacts on the environment. Aid, as the- Part III statement.. . .
reveals, the Town would put itself in a position of-vulnerability
= -- -- with- respect-to-the--remainder-o-f.._properties_. improved .with._simil.ar
agricultural buildings. If the Town wishes to further consider this
_
zoning change, it should cause a generic EIS addressing the above
by the applicant.
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For Further Information:
jContact Person: Judith T. Terry, Town Clerk
j Address: Southold Town Hall, Main Road, Southold NY 11971
Telephone Number: 516/765-1801
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A Copy of this Notice Sent tc:
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Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New YorV 12233-000 i
Appropriate Regional Office of the Department of Environmental ConservaLior--Stony Brook, N.Y.
C)Hice of the Chief Executive Officer of the politics! subdivision in which the action will be principally
located.
Applicant (if any)
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Other involved agencies (if any)
Southold Town Board
Southold Town Planning Board
Southold Town Building Department
Southold Town Board of Appeals
' Suffolk County Department of Planning
Suffolk County Department of Health services
Town Clerk's Bulletin Board
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Part PI._JECT IMPACTS AND THEO. W—JITUDE
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 project or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring evaluation in Part 3.
• The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
• The number of. examples per question does not indicate the importance of each question.
• In identifying impacts, consider lolag term, short term and cumlative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
threshold equals_o_r exceeds_a.ny.exampleDrovided, check column 2. If impactmill occur but threshold.
is lower than example, check column 1. `
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.
:de
2 3:1MM
to -Potential Can Impact Be
te Large Mitigated By
IPAPACT ON LAND t Impact Project Change
1 Will the proposed action result in a physical change to the project site?
rNn Kl'FS
Examples that \\ould apply to column 2
• Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ Wes" No
foot of ten-th);or where the general slopes in the project area exceed
10%. 'Project slopes exceed 10%
• Construction on land where -
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the"-depth th to the watertahie"is lessthan - - "' r
p ❑ - ❑ ❑1'es �:tio
3 feet
• Construction of paved lrkin � area for 1,000 or more vehicles. n � — �c P b LrYe. �Nc
• st• 1 c n r i t� -- —
�'Cn. u�ttOr on 1,71C. \\'tll'rC` bedrock I$ exposed Or �.-n 'ail\ \','I,."ilf7 —�'C._- \i
.3 ict,t of c\i5tlnl Ground surface.
• (.'on;tructian that \.Ill continue for more than 1 year or in\oi\e more 1_il'es `Nc
than one phase or stage.
• I \(,]\JtlUtl for minim;-' purpuses that Wei:ld remo%!- n ore than i.0,0")
tc)ns nt nJtural materl,il (i C , rock Or soil) per \ear
• (.or.. :rm tion (i; r•\:;,inNion of ,: sanitaw landfill ❑ Yes _\O
• ( u;l•trucii'Jn to J Ot•.ir:n;iwd tloodway ❑ r'Yes `No
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• Uther Impacts ❑ ❑1'es rN0
i %% H there be an otteet t:. ...ty ur:,que or unusual land forms found on
the .ite' (I ('., cliffs• dunes, g;-ological formations, etc.)"—.No YES
• Specntc land forms: 71 ❑ ❑ti'es No
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1 2 3
Small to Potential Can Impact Be
IMPACT ON WATER Moderate Large Mitigated.By
3. Will proposed action affect any water body designated as protected? Impact Impact Project Change
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
ONO OYES -
Examples that would apply to column 2
,. . _.... No
• Developable area of site contains. a protected water body. � -' -❑ -� -- ❑ - . Yes
• Dredging more than 100 cubic yards of material from channel of a ❑ ❑ Dyes ❑No
protected stream.
• Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes '[--)No
-- -
---- - --- Yes�-- No
• Construction in a designated freshwater or ti al wetland- ------- - -- -- -
• Other impacts:
❑ __... Yes:-- - No
4. Will proposed action affect any non-protected existing or new body
of water? (ONO DYES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ❑No
or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ Dyes ❑No
• Other impacts: — --- -"--"�----- ¢- -❑-Yes - No- --=-
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S. Will Proposed Action affect surface or groundwater -
quality or quantity? ®NO DYES
Examples that would apply to column 2
• Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No
• Proposed Action requires use of a source of water that does not ❑ ❑ []Yes ❑No
have approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater than 45 ❑ ❑ []Yes ❑No
gallons per minute pumping capacity.
• Construction or operation causing any contamination of a water ❑ ❑' ❑Yes El No
supply system.
• Proposed 6,ction will adverse'+ affect.grdundwater. ❑ ❑ ❑Yes -
❑No
❑Yes ❑No
• Liquid effluent will be convev,d off the site to facilities which presently ❑
❑
do not exist or have inadequate capacity. .
• Proposed Action would use water in excess of 20,000 gallons per ❑ El []Yes ❑No
day.
r ❑ ❑Yes ❑No
• Proposed Actionwill li{,ely c:.uS•- siltation or other discharge into an
existing body of water tc ti r. exte.i that there will be an obvious visual
contrast 'o naturai conditions.
• Proposed Action will require the storage of petroleum or chemical C ❑ ❑1'es i_:No
products greater than 1,100 gallons.
• Froposed Action will allow residential uses in areas �sithout water ❑ ❑ ❑1'es ❑No
and'or sewer services
❑1'es [:]No
Proposed Action locate• commercial and?or industrial uses �%hich may
require ne%% or expansion of existing waste treatment and or storage
facilities
El ❑1'es ❑No
• Other impacts___ — ❑ .
6 Will proposed action alter drainage cow or patterns, or 'urtace
vvatPr runoff? LINO r1'LS
Exe-iples tn,at would apply to column `' ❑No
• Pr(pr,sed Action would change f I()od water flows �-
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1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
• Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No
• Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No
• Proposed Action will allow development in a designated floodway. . ❑ ❑ ❑Yes ❑No
• Other impacts: Subject site is in an area nnntin„aijy ❑ ® ®Yes ❑No
subject to fl ondi nci-
IMPACT ON AIR
7. Will proposed action affect air quality? ENO DYES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ []Yes ❑No
hour.
• Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No
refuse per hour.
• Emission rate of total contaminants will exceed 5 Ibs. per hour or.a ❑ ❑ DYes ❑No
heat source producing more than 10 million BTU's per hour.
•—Proposed action wiII-allovw-an increase in the-a mount.of-land committed __ .._____❑.____.- _..�_ _DYes -No
to industrial use..
• Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No
development within existing industrial areas.
• Other impacts: ❑ ❑ ❑Yes ❑No
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species? ®NO DYES
Examples that would apply to column 2
• Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No
list, using the site, over or near site or found on the site.
• Removz' of any portion of a critical or significant Wildlife habitat. ❑ ❑ ❑Yes El No
. Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No
than for lQricultural purposes.
• 'Other impacts: ❑ ❑ ❑Yes ❑No
y vvd! Proposed Action substantially affect non-threatened or
non-endangered species? LINO DYES
Examples that would apply to column 2
• Proposed Action would substantially interfere with any resident or ❑ i� ❑Yes CNo
migratcr� fish. shelh-sh or wildliie species.
• Proposed Action regoires the removal of more than 10 acres D. ❑ 0)es 0No
Ot mature tiDr(•st (over 1ii-t Nears of age) or other localiv important
%egetation
IMPACT ON AGRICULTURAL LAND RESOURCES
1(i Y% ,II tht. Propowd Ac iron aTtvct agricultural lend resources?
EXNO D-Yj S
Examples that ti+c,uld apply to column 2
• the propowd action t+ould sev(•r. cross or limit access to agricultural C 0 11Yes DING
land (rn(ludes cropland. ha\frelds, pasture. vrnv�ard, orchard, etc )
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
• Construction activity would excavate or compact the soil profile of ❑ ❑ Dyes ❑No
agricultural land. -
• The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes DNo
of agricultural land or, if located in an Agricultutal District, more
than 2.5 acres of agricultural land.
----• The-proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes DNo
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: ❑ ❑ Dyes DNo
IMPACT ON AESTHETIC RESOURCES
11 . Will proposed action affect aesthetic resources? ONO DYES
(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 ❑ ❑ Dyes DNo
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 ❑ ❑ Dyes DNo
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 ❑ D Dyes DNo
screening of scenic views known to be important to the area.
• Other impacts: ❑ ❑ Dyes DNo
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12 Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance? ENO DYES
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially ❑ ❑ [Dyes DNo
cc)nti_r•uous to any facility or site listed on the State or National Register
of historic places.
• Anv impact to an archaeological site or fossil bed located within the D ❑
project site.
• Pr^posed Action will occur in an area designated as sensitive for D D ❑Yes No
archaeological Sites on the NYS Site Inventory
• Other impacts L u ❑1'es 77`No
IMPACT ON OPEN SPACE AND RECREATION
13 will Proposed Action affect the quantity or quality of existing or
future open spaces or re( rational opportunities?
Examples that „ould apply to column 2 MNO DYES
• 1he permanent foreclosure of a future recreational opportunity ❑ ❑ Dyes DNo
• A major reduction of en open space important to the community. ❑ ❑ Dyes DNo
• Other impacts: ❑ D Dyes DNo
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1 2 3 '
IMPACT ON TRANSPORTATION Small to Potential Can Impact Be
14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By
ONO ®YES Impact Impact Project Change
Examples that would apply to column 2
• Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes El No
• Proposed Action will result in major traffic problems. ❑ ❑l . ❑Yes ❑No
• Other impacts: Potential Industrial i3ses may r,ra at-e ❑ LdI ®Yes ❑NO
a significant increase in traffic at a bad location
IMPACT ON ENERGY
15. Will proposed action affect the community's sources of fuel or -
energy supply? MNO DYES
Examples that would apply to column 2
• Proposed Action will cause a greater than 5% increase in the use of 7 ❑ ❑Yes ❑No
any form of energy in the municipality.
• Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.
_ . ._..._..!_ Other impacts: _.. .... .. ❑ ❑ []Yes ❑No -
NOISE AND ODOR IMPACTS
16 Will there be objectionable odors, noise, or.vibration as a result
of the Proposed Action? NO DYES
Examples that would apply to column 2
• Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ❑No
facility.
• Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes ❑No
• Proposed Action will produce operating noise exceeding the local ❑ ❑ Dyes ❑No
ambient noise levels for.noise outside of structures.
• Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No
noise screen.
• Other impacts: ❑ ❑ ❑Yes ❑No
IMPACT ON PUBLIC HEALTH
17 \fill Proposed Action affect public health arid -safety?
nNC` Cil'ES
Examples that woe,ld aprrly to column 2
• Proposed Action may cause a risk of explosion or release of hazardous ❑ L ❑1'es ❑No
substances(i e. oil, pesticides• chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic low level
drscharpe or emissiOn
• Proposed Action may result in the burial of "hazardous %,.astes- in any ❑ ❑ ❑1'es ❑No
form (le toxic. por',on()us, hq,,h1v reactive, radioactive, irritating,
rnft-ctro:;s, etc )
• Storage fac;hlies for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No
gas or other tlarnmable liquids
• Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes NO
within 2,000 feet of a site used for the disposal of solid or hazardous
�%aste
• Othrlr impacts: ❑ ❑ El Yes No
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1 . 2 3
IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be
OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By
18. Will proposed action affect the character of the existing community? Impact Impact Project Change
ONO 57YES
Examples that would apply to column 2
• The permanent population of the city, town or village in which the ❑ ❑ El Yes ❑No
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services El [I ❑Yes ❑No
will increase by more than 5% per year as a result of this project.
__._• .Proposed action will conflict with officially adopted plans or goals. ❑ �j ❑Yes1No
• Proposed action will cause a change in the density of land use. ❑ 0 []Yes UNo
• Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes []No
or areas of historic importance to the community.
• Development will create a demand for additional community services ❑ 12 ❑Yes ®No
(e.g. schools, police and fire, etc.)
• Proposed Action will set an important precedent for future projects. ❑ ❑ -)Yes ❑No
• Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No
• Other impacts: ❑ ❑ El Yes ❑No
19. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts? . CNNO OYES
Not as of 10/28/88
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Par( 3 must be prepared if one or more impacts) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the fo!lowing for each impact identified in Column 2 of Part 2:
1 Briefi� describe the impact.
2 Describe(if applicable;how the impact could be mitigated or reduced to a smal! to moderate impact by project char.Le;s)
3 Based or, the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
• The probability of the impact occurring
• The duration of the impact
• Its irreversibility• including, permanently lost resourcc'• 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)
Part III
Randall J. Feinberg
Change of Zone
Impact on Growth and Character of Community or Neighborhood:
The proposed action will conflict. with the officially adopted
Master Plan. and the proposed. zoning for the Town. It will also
cause a change in the. possible density. of land. use as well as
the permitted allowable uses. An important .precedent will. be
set for future. projects of. similar nature in the. surrounding
area. This type of precedent would require a generic
environmental impact. statement. A precedent. would. also be set
for zone. change. requests. on. other sites throughout the Town
improved with buildings previously used for. agriculture, . i.e.
barns, potato. storage buildings, etc. from existing residential
. zoning to business zoning (spot. zoning) . It. would. lead to
pressure from adjacent landowners to request the same type of
zoning. Clearly this is not the intent of the existing or
proposed zoning or of the Master Plan.
Impact on Land
The site contains excessive slopes. Industrial Development of
the site would require leveling, retaining walls, and
significant drainage work all of which may have a significant
impact on the environment.
Impact on Water
The site is located in a .major drainage basin. Even low volume,
high frequency rain events flood the vicinity. Any
intensification of impervious surface in this basin aggravates
the flooding situation in this location.
Impact on Transportation
The site is located at the poorest site distance location on
County Road 48 in the entire Town of Southold In addition the
road is highly crowned and poorly drained. Headlights
temporarily blind drivers rounding the curve, particularly in
the evening peak hour during rain events. Just to the east, an
intersection with a dirt road complicates this poor traffic
location. Adding industrial traffic at this site will severely
increase the accident potential in this location.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516)765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 1, 1988
Judith Terry
Town Clerk
Southold, NY 11971
RE: Proposed change of zone
. of Randall Feinberg
SCTM #1000-121-3-6
Dear Mrs. Terry:
The following action was taken by the Southold Town
Planning Board on Monday, October 31, 1988.
RESOLVED that the Southold Town Planning Board recommend to
the Town Board that this proposal for a change of zone from "A"
Residential to "C" Light Industrial located on the south side of
Sound Avenue, Mattituck be denied for the following reasons:
1. The applicant' s claim that the existing buildings on
the property are not suitable or capable of any
permitted use under the present zoning code has not
been supported by documentation.
The zoning code provides for several uses other than
single family residential dwellings. For example:
Section 100-30.B. provides for certain uses by Special
Exception; some of which may be applicable to this
property. The applicant has not shown that he has.
tried to pursue any of these options. Therefore, it
cannot be assumed that the property is unusable under
the current zoning.
2. The surrounding zoning in the area is A-Residential.-'
To rezone this piece only for the express purpose of
benefiting said property owner would be spot zoning,
which is illegal,
3 . The introduction of industrial uses on a heavily
travelled, poorly designed stretch of road that is
slated to be impacted by numerous developments is not
responsible.
If you have any questions, please do not hesitate to
contact this office.
Very.-,.,truly yours,
+" .::SENNET' "^ORLOWSKI,Jk"*"' y,
CHAIRMAN ;rg
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MEMORANDUM
To: Supervisor Frank J. Murphy and member of the Town Board
From: Valerie Scopaz, Town Planner
Re: Petition to change zone of property owned by Randall J.
Feinberg (SCTM *1000-121-3-6) ,
Date: October 31, 1988
It is recommended that this petition be denied for the
following reasons:
1. The applicant' s claim that the existing buildings on
the property are not suitable or capable of any
permitted use under the present zoning code has not
been supported by documentation.
The zoning code provides for several uses other than
single family residential dwellings. For example:
Section 100-30.B. provides for certain uses. by Special
Exception; some of which may be applicable to this
property. The applicant has not shown that he has
tried to pursue any of these options. Therefore, it
cannot be assumed that the property is unusable under
the current zoning.
2. The surrounding zoning in the area is A-Residential.
To rezone this piece only for the express purpose of
benefiting said property owner would be spot zoning,
which is illegal.
3 The introduction of industrial uses on a heavily
travelled, poorly designed stretch of road that is
slated to be impacted by the numerous developments is
not responsible.
rig
3Rd"' y 'Jr Town Hall, 53095 Main Road
.(,` j P.O. Box 1179
Southold, New York 11971
rj/,�/
JUDITH T.TERRY S Z TELEPHONE
TOWN CLERK (516) 765-1801.
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 20, 1988
OCTFF
01
Southold Town Planning Board SOUTIiOLD TOWN
Southold Town Hall PLANNING BOARD
Southold, New York 11971
Gentlemen:
Transmitted herewith is the petition of Randall J. Feinberg requesting
a change of zone from '.'A" Residential and Agricultural District to "C" Light
Industrial District on certain property located on the south side of Sound
Avenue, Mattituck.
Please prepare an official report defining the conditions described in
said petition and determine the area so affected -by your recommendation,
and transmit the same to me. Thank you.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachments
A �,
Fourc°�
o
8 Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
JUDITH T.TERRY 1 TELEPHONE
TOWN CLERK (516) 765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 20, 1988
FF= 2a19M
Southold Town Planning Board
Southold Town Hall SOUTHOLDTOWN
PLANNING BOARD
Southold, New York 11971
Gentlemen:
Transmitted herewith is the petition of Randall. J . Feinberg requesting
a change of zone from °AII Residential and Agricultural District to "C" Light
Industrial District on certain property located on the south side of Sound
Avenue, Mattituck.
Please prepare an official report defining the conditions described in
said petition and determine the area so affected by your recommendation,
and transmit the same to me. Thank you.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Attachments
REaWED
OCT, 6 10
CASF. NO: ..�g f•X...... .
S�o1d Town C'te�c
STATE CF NEW YORK PETITION
TOWN OF SOUTHOLD
IN THE MATTER OF THE PETITION OF
FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDLN-
ANCE OF' THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK.
....................... ......................................................
TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD:
................ . residing at Cox...Nack...LanP-,...Uatt•i.tuck
(insert name of petitioner)
Suffolk County, New York, the undersigned, am the owner of certain real property situated at
.. our�d...A.y�nue;«•.•Matx:ku.G}� and more particularly bounded and described as follows:
See Attached Schedule A
2. I do hereby petition the Town Board of the Town of Southold to change, modify and
amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York,
including the Building Zone Maps heretofore made a part thereof, as follows:
To change the zoning on the subject property from the current
"A" Resi:dehtiall* Agricultural to licit Light Industrial
SCHEDULE A
t `M�•q+ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
7s- lying and being ixxbrxx at Mattituck, in the Town of Southold Count
1000 Suffolk and State of New York, and more particularly boundedandf
Di- s rict described as follows:
121. 00 BEGINNING at a concrete monument set on the southwesterly line of
Sect—n Sound Avenue' at a point marking the northwest corner of the lands
herein described and the northeast corner of lands of Prins; and
03. 00 RUNNING THENCE from said point of beginning along the southwesterly,
Block line of Sound Avenue, South 72 degrees 49 minutes 20 seconds E
006 .000 157.00 feet to a monument; ast
Lot
RUNNING THENCE along lands of Unkelbach the following three (3)
courses and distances:
(1) South 17 degrees 10 minutes 40 seconds West 24 .50 feet to
a monument;
(2) . South 10 degrees 22 minutes 00 seconds East 330.06 feet
to a monument, and
(3) South 69 degrees 17 minutes 20 seconds West 275.62 feet to
a monument set on the easterly line of lands of Prins;
RUNNING THENCE along said lands now or formerly of Prins the follow-
ing two (2) courses and distances:
(1) North 9 degrees 13 minutes 30 seconds West 192.00 feet to
a monument; and
(2) North 15 degrees 57 minutes 10 seconds East 314 .53 feet
to. a monument set on the southwesterly line of Sound Avenue
at the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises as were conveyed
to
HAROLD FEINBERG by deed of WILLIAM UNKELBACH dated July� 2, 1963
and recorded July 2 , 1963 in LIBER 5372• cp• 436' in the Suffo
County Clerk's Office. lk
i
I
3. Such request is made for the following reasons:
The property as presently improved with four (4) frame buildings
are not suitable or capable of any permitted use under the
present zoning. The property is ideally improved for use by small
businesses in the Town of Southold in need of space for operation
and storage of business equipment and materials. As presently
zoned the petitioner is unable to make a reasonable return upon
his property from any permitted use in the present zoning district
as the property is already improved.
STATE OF NEW YORK, )
) SS:—
COUNTY OF SUFFOLK, )
...sandal.1.A..Xainherg................ . BEING DULY SWORN, deposes and says that
he is the petitioner in the within action; that lie has read the foregoing Petition and knows
the contents thereof; that the same is true to his (her) own knowledge, except as to the matters
.therein stated to be alleged on informatics and belief, and that as to those matters he believes it
to be true.
S"
4(L. S.) ..JP. ,, ..........
Sworn to before me
this . . day of . . .. ......... .... 19.$�
. .:. . .. .......
Notary Public.
PHOEBE D.MILL
LL
WTARY PUBIX Stets of,W
Ma 4739810,SuAMUc Cowdv,,n
Comm.Expires MMh 30.19-M
Ivo�
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK
STATE OF NEW YORK
--------------------------------------x
Petition for Amendment of Zoning Map,
RANDALL J.FEINBERG
Petitioner
Pursuant to Southold Town Code
section 100-150
--------------------------------------x
MEMORANDUM IN SUPPORT OF PETITION OF
RANDALL J. FEINBERG
This memorandum is written in support of the petition of
Randall J. Feinberg for a change in the Southold Town Zoning Map
affecting certain property owned by Mr. Feinberg from the present
Agricultural - Residential zoning district to the C Light
Industrial zoning district. This memorandum is incorporated by
reference and is to be made a part of the petition of Mr.
Feinberg dated May 18,1988.
Mr. Feinberg is the owner of real property located at Sound
Avenue, Mattituck, New York with the. Suffolk County Tax Map #
1000-121-03-06. (See ,survey accompanying application) The
property consists of approximately 2.2 acres and is presently
improved by four ( 4) frame buildings. The property is not
improved for nor has it ever been used for residential purposes.
Present Zoning and Existing Land Use
Mr. Feinberg' s property is presently zoned "A-R"
(Agricultural - Residential) as are the properties immediately
surrounding his property. The subject property is improved with
four frame buildings which, in the past, were used as a potato
grading facility. The property has not been used in this manner
in many years. Presently, three of the buildings lie vacant with
the building nearest to Sound Avenue being used for storage by a
building tradesman including a small office for his business
operations. This office exists as a pre-existing use on the
property as a carryover from the days the potato grading facility
had its office located in the building.
The property to the west is improved and used as a horse
farm' and riding school. The property to the south is improved
with a commercial greenhouse. To the east lies a 50 foot wide
right of way and further to the east lies a single family
residence. Across Sound Avenue to the north are two single
family residences one of which also includes an antique shop.
The balance of the property to the north in the immediate
vicinity of the subject property lies vacant.
Mr. Feinberg' s property is located a short distance west of
Suffolk County Route 48 which is four lanes wide. The property
at this location is presently zoned "General Business" 11B-111 . In
addition, a retail shopping area is slated for development at the
intersection of Cox Neck Road and Route 48.
Proposed Master Plan
The proposed master plan and zoning regulations presently
under consideration by the Southold Town Board would retain the
present zoning. on Mr. Feinberg' s property by designating it 11R-
80" " Residential Low Density District (Two acre minimum)" The
only physically possible use to which the property could be put
as it presently exists under the proposed new zoning regulations
would be as a barn, storage building, greenhouse or other related
facility. . (See Proposed Zoning Regulations section 100-
31.(A) (2) (c) . The existing buildings preclude the use of the
property for greenhouses or other related facilities. Barns and
storage facilities alone provide no reasonable use or return on
the property. For the property to be used solely as a storage
facility suggests that a princpal occupation or use which needs
additional storage facilities exists on another piece of
property; this is not the case.
Property Needs of Local Building Contractors and Tradesmen
At the present time, building contractors and tradesmen who
constitute a significant portion of the local work force have few
if any locations from which to legitimately operate their
businesses. In fact, recent publicity in the local newspapers
has shown that many contractors operate their businesses from
their homes in violation of the existing zoning regulations.
Under the present zoning, building contractor' s yards and
wholesale storage and warehousing are permitted only in the C
Light Industrial zoning district. However, there is only a small
amount of property in the Town of Southold designated C Light
Industrial and this amount is clearly insufficient to accomodate
the number of local tradesmen, their trucks, vans, equipment and
storage needs. It is little wonder, therefore, that many of
these tradesmen .and contractors are working from their homes.
Both the existing "A-R" and the proposed "R-80" zoning
district for the subject property do not address the existing
improvements to' Mr. Feinberg' s property and the very fact that
none of the permitted uses of the property under the zoning
ordinance can be implemented on the property in any reasonable
manner. Simply stated, the property as improved is not suitable
for the existing or proposed zoning it bears.
The requested change of zone to C Light Industrial reflects
the existing improvements on the property and, the only reasonable
uses to which they can be placed. The change would provide
needed space and facilities for local builders and tradesmen to
conduct their businesses legitimately. The property is located
in such an area that the proposed use of the property will not
adversely .affect surrounding properties.' Therefore, the
applicant respectfuly requests that you re-zone the subject
property to C Light Industrial to permit the operation of
business by local contractors, builders, and tradesmen on the
property.
Moore & Moore
Attorneys for Petitioner
Suite 3 Clause Commons
Main Road P.O. Box 23
Mattituck, NY 11952
TOWN OF SOUTHOLD
EAF
ENVIRO.IHENTAL ASSESSMENT --PART I
Proiect Tnformation
NOTICE: This document <a desicned to assist in determining whether the action proposed may have a significz
effect on t:,e eiivlrc-,Trnt. Please core;lete the entire Data Sheet. Answers to these questions will be cons,
as Dart of the apolication for appreval and may be subject to further verification and public review. Provi
any additional information you believe will be needed to complete PARTS 2 and 3.
It is exoectea tnat ccroletirn of the EAF will be dependent on information currently available and will not
involve new studies, research cr investigation. If information requirino such additional work is unavaikble,
So Indicate and specify each instance.
;LANE OF PROJECT: — NAME AND ADDRESS OF OWNER (If nifferent)
__Lhanrra of Zc)na Fnr•
Randall J. Feinberg Name)
A302ESS AND 4A11E OF APPLICANT: Street)
Randall J. Feinberg T.-!�) State Zip;
eme)
COX Neck Lane BUStN'SS PHONE:
(Street)
Mattituck, New York 11952
tare) (Lip)
DESCRIPTICN OF PROJECT: (Briefly describe type of project or action) Change of-
Zone from A-R to on SCTM# 1000-121-03-06
t
(PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) I
A. SITE DESCRIPTION
(Physical setting of overail project, both developed and undeveloped areas)
I. GeXeral character of the land: Generally uniform slope Generally uneven and rollina or irregul
!
2. Present land use: Uroan Industrial Commercial Suburban Rural Fares, '
Agriculture X , Other uN�lfCO FRl1W4 66DGJ ofF�e ' F0i2 'TQAO swAd
3. Total acreage of oroject area: 2 . 2acres.
_ Aooroximate acreage: Presentiv After Completion Presently After romp!
Meadow or Brushland acres acres Ilater Surface Area acres ———
Forested acres _—acres Unvegetated (rock,
I
- floricultural acres acres eartn or fill) —--acres
Roads, buildinns
'!.[land (Freshwater or and other paved .
Tidal as ner Articles surfaces 2_
'a, "° or c-C.L. ) --acres acres 2 acres 2. 2
Other (indicate type) acres
C- 'Ira; is ^►edomin,ir.t soil type(s) on nrn�eCt Site?
I
5. =re :ner• NPdro_k outCro;oinas on ^rniPCt Site' --- YPS X
Cr.otn to tedrecl? ------ -- - -- —('� `eet)
_b
6. Approximate percentage of proposed project site with slooes: 0-10%
greater Y, 1�-15� 15: or
1. Is project contiguous to, or contain a building or site listed on the National Register of Historic
Places? Yes X No
8. What is the depth to the water table?
feet
9. Do hunting or fishing opportunities presently exist in the project area? Yes X No
10. Does project site contain any species of plant or animal life that is identified as threatened or
endangered - Tes X :lo. according to - Identify each species
11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes,'other geological
formations - Yes X No-
(Describe
12. Is the project site presently used b )
area - Yes X No. Y the community or neighborhood as an open space or recreation
13• Does the present site offer or include scenic views or vistas known to be important to the community?
Yes X No
14. Streams within or contiguous to project area:
a. Name of stream and name of river to which it is tributary
15. Lakes, Ponds. Netland areas within or contiguous to project area:
a. flame b. Size (in acres)
16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g.
single family residential. R-2) and the scale of development (e.g, 2 story),
`A R Agricultural — .Residential
B. PROJECT DESCRIPTION
I. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned by project sponsor 2 . 2
acres.
b. Project acreage developed: 2• 2 acres initiall
Y;2' 2 acres ultimately. _
c. Project acreage to remain undeveloped
d• Length of project, in miles: (if appropriate)
e. If project is an expansion of existing, indicate percent of age developed acreage uG
,expansion proposed: building s� re foot-
undetermined
f, dumber of off-strEpt Parking spaces existina
proposed _
g. Maximum vehicular trios generated per hour e s t. 5 (upon completion of
project)
h. If residential: Number and type of housing units:
2ne Family Two Family Multiple Family- P Y Condominium
Initial
Ultimate
i' If: Orientation
:'eig-ncornooa-City-Regional Estimated Emoloyment
Corrercial neiy b rhood
Inaustrtdl
j• Total heignt of tallest ^ronosea structure n/a
_ ___ -feet. ca-
2. Now much naturnl material (i.e. rock. earth,.etc.) will be removed from the site - 0 tons
M .
cubic yards
3. How many acres of veqetation (trees. shrubs, ground covers) will be removed frog* site - 0 acres.
4. Will any mature forest (over 100 years old) or other locally-important vegetation be re
Yes moved by this
project? �—No
S. Are there, any plans for re-vegetation to replace that removed during construction? n�a Yes No
6• If single phase project: Anticipated period of construction n/a months. (including demolition).
7. If multi-phased oroject: a. Total number of phases anticipated No.
b. Anticipated date of commencement phase month year (including
demolition) _
• c. Approximate comoletion date final phase month year, i
d. Is phase 1 financially dependent on subsequent phases? Yes No
S. Will blasting occur during construction? Yes X No
9. Number of jobs generated: during construction n/a•
- after project is.complete _
10. Number of jobs eliminated by this project 0
11. will project require relocation of any projects or facilities? Yes X No. If yes. explain:
12. a. Is surface or subsurface liquid waste disposal involved? Yes X 40:
b. If yes, indicate type of waste (sewage, industrial. etc.)
C. -If surface disposal name of stream into which effluent will be discharged
IS. Will surface area of existing lakesX ponds, streams, bays or other surface waterways be increased or
decreased by proposal. Yes X No.
14., Is project or any portion of project located in the 100 year flood plain? Yes X No
15. a. Does project involve disposal of solid waste? Yes ' X No
b. If yes, will an existing solid waste disposal facility be used? Yes __!lo
C. If yes, give name: ; location
d. Uill any wastes not go into a sewage disoosal..system or into a sanitary landfill? Yes No
16. Will Project use herbicides or pesticides? Yes X No
17. Will project routinely produce odors (more than one hour per day)? Yes X No
IS. Will project produce ooerating noise exceeding the local ambience noise levels? Yes X No
i
19. Will project result in an increase in energy use? Yes X 40. If yes, indicate type(s)
• I-
20. If water suooly is from wells indicate pumping capacity gals/minute.
21. Total anticipated Water usage per day __oals/dav•
22• Zoning: a. 11hat ,s dominant zoning classification of site? A—R_A_gricultural—Residenti .
b. Current specific zoning classification of site same
_. !s orac�0sen use co^sisten: .,,,th nresent :on,nq? no
d. if no, indicate desired zorinq s
�Nf)USTR1Ac. r
26. Approvals: a. Is any Federal permit required? Yes _2_No
b. Does project involve State or Federal funding or financing? _ Yes _X No
c. Local and Regional approvals:
Approval Required Submittal Approval
(Yes. No) (Type) (Date) (Date)
City. Town, Village Board Y zone change
City, Town, Village Planning Board — --—
City. Town, Zoning Board ——
City. County Health Department
Other local agencies _Y— _Pianning Comm.
Other regional agencies
State Agencies --�—
Federal Agencies
C. INFORMATIONAL DETAILS r
Attach any additional information as may be needed to clarify your project. If there are or may be any
adverse impacts associated with the pro leasejdiscuss such impacts and the meatures which can be
taken to mitigate or avoid them.
• r
PREPARER'S SIGNATURE: _-
TITLE: A'ITA?NE�
REPRESENTING: 4AMICAA/I �?flu�,gL� �. F€irvc3�116
DATE: Y 3,
-4-
TOWN BOARD TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE
RANDALL J FEINBERG
to the Town Board of the Town of Southold.
TO:
9
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to
-requesta CHANGE OF ZONE FROM: "A" Residential Agricultural f-o
"C" Light Industrial
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: South Side of Sound Avenue, Matti tuck Ng-w Vnrk
Suffolk County Tax Map #1000-1 1 -0•3—o6
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Residential Agricultural
4. That by such Petition,the undersigned will request that the above-described property be placed in the
following zone district classification: "0"' T. gh+- Tea„�txa.�-1
5. That within five days from the date hereof,a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road,Southold, New York and you may then and there
examine the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matter by the
Town Board;that a notice of such hearing must be published at least ten days prior to the date of such hearing
in the Suffolk Times and in the Long Island Travel er-M attitu c k Watchman, newspapers published in the Town of
Southold and designated for the publication of such notices;that you or your representative have the right to ap-
pear and be heard at such hearing.
Dated: 1 0 1(D--cgs
Petition William D. Moore Esq.
Post Office Address:
Moore & Moore
Main Road & Love Lane
Clause Commons Bldg.
Box 23, Mattituck N.Y. 11952
PROOF OF MAILING OF NOTICE
ADDRESS
NAME
1000-121-03-7
Peconic Homes Corp. P.O. Box 1442 , Mattituk N.Y. 11952
t
P 012 608 271 1
2 ,5 . 3 , 5 . 4
-------- - & Wf. Rd. 1 Box 248, Mattituck N.Y. 11952
P 012 608 272
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(see Reverse)
Sent to
Street and o.
0
P.O�Sftat a d ZIP ,
/ f l"
Postage S
Certified Fee. ,
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
N to whom and Date Delivered
°D Return Receipt showing to whom,
rn
Date,and Address of Delivery
ry
TOTAL Posta
dFees S
o
0 Postmar opDate.;00
a � ;f \
STATE OF NEW YORK
COUNTY OF SUFFOLK: ss.:
residing at 70 '/?W12 !S;-)cI-74kQ
being duly sworn, deposes add says that on the &-64 dWy
of � � , 19 g deponent mailed a true copy of the Notice set forth on the reverse
side hereof, directed to each of the abov..-named persons at the addresses set opposite their respective names;
that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur-
rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at
_Se--)U'''4oL'q ;that said Notices were mailed to each of said persons by (certified)
d) mail.
Sworn to me this( �
day ofc' l�F,�_ , 19 �.
Notary Public
UNDA J.COOPER
Notary Public,State of New Y
No.4822563,Suffolk COLIV
Term Expires December 31,19
r-
to �!a°ae O ap.
( NORTM R;
1
HORSE '
�.�
Ir FARM
A h
R 0
o /E S
VA CA / j451
A Nr D GREENHOUSE 1
/ _� 358' o KEY MAP 11
1000 - I2I 01 U L A SCALE 1"= 600'
b
Owf``r" N R 1000 - 121 - 01' A"T/4 G /�M
1000 - 12 I - 0 - --.1. .S O IJN O e SHOP 8LOG. Q -
1.181.2 — THORNTON E. SMITH BROOKSIDE DR., PLANDOME, N.Y. 11030
3 �� 358' L 3.2 — JAMES T. 8 APRIL CONNOLLY RRI BOX 248 M, MATTITUCK, N.Y. 11952
5.1 S �2°99,2p„ �� �� 3'2 3.3 — MARY MARGARET ROCKSON, 4995 SOUND AVE. MATTITUCK , N.Y. 11952
C £ , �.4 — GUY SOBERING BOX. 945 SOU s�pp, , , SOUTHOLD , N.Y. 11971
_ E:W:ElL, VACANT''_ 1000 - 121 03 —
r _ SI>oo, ( 50' WIDE —`� 250 ,
—
s
tti 2gSpt . 14s.� � —�� 5.1,52,5.3,5.4— FUGENE F. DAVIDSON 8 WIFE, RD I BOX 248 A MATTITUCK N.Y. 11952
�- -��� G. — RANDALL J. FEINBERG P.O. BOX 186, MATTITUCK , N.Y. 11952
C
O . — RECONIC HOMES CORP. P.O. BOX 1442 , MATTITUCK , N.Y. 11952
5.4 FR ' '� -'� -
r
9L OG. O o
OwELL. 1000 _ 12 i - _ 1000 - 121 - 04 -
-iU' Al
a 04 -DWARD J. WOESSNER 8 WIFE , SOUND AVE. MATT
ITUCK, N.Y. 11952
h
120 — JOSEPH T. 8 ANO MACARI, 121 MALBA DR. , MALBA, N.Y. 11357
o
s a it
A it
pp"p �' 11 LO R E
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,-, ' E
HORSE FARM fR OLpG. N w G R I C U N T 1 A L
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( RIDING SCHOOL ) y� 00 O ' 1= VACANT L 7- U
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N =� L
3 �� O�pG MAP FOR ZONE
O CHANGE
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2 ��0 FOR
13� RAN®
o z 56 �,Zo�� ..,t,. Spp - ALL J. FE
INBERG
90� ,
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w AT
7 MATTITUCK
TOWN OF SOUTHOLD
.v GREENHOUSE
SUFFOLK COUNTY, N.Y.
// pI 1000 - 121 - 03 - 06
SCALE 1" = 100'
o i JULY 14, 1988
AUG 31 , 1988
0
IPrepared in accordance � p1T n,ir,g
standards for title surreys as ed*Wi;r#�zd by
PRESENT ZONE DISTRICT " A " RESIDENTIAL AGRICULTURAL t:,e L.I.A.L.S. and approved and adopted
PROPOSED ZONE DISTRICT " C " LIGHT INDUSTRIAL f,;r such use by The New York State Land
Title Association.
SCHOOL DISTRICT 9 11
t�U A>VD SG FIRE DISTRICT 30
�5 Q� A. ING, .Q� - �,,.� — OWNER $ APPLICANT i
RANDALL J. FEINBERG
j 't A' � ® P.O BOX MATTITUCK6, N.Y. 11952
} rJ l DO HEREBY CERTIFY THAT
N. a L I C. NO. 49668 THE RADIUS MAP DOLES ACCURA TE> Y
DESCRIBE THE USES OF THE PROPER T Y
E C �0�U>9 , P.C. SURROUNDING THE SUBJECT PREMISES
AREA = 2. 2170 ACRES. AS OF - /.7- ��s
P. 0.
j'MAIN ROAD
SOUTHOLD, N.Y. 11971
D.K.
u� - 7V,r-% A