CHANGE OF ZONE APPLICATION, December 2013 to September 2014

Damianos Realty Group, whose owners also have the King Kullen Shopping Center, seeks a change of zone for a large lot 3 lots to the west of the shopping center on the Montauk Highway next to McDonalds. They have applied to the Town Board to change the existing zoning from J Business 2 (the front 285' or so) and A Residence 1 (the rear of the lot) to J Business 4, which permits professional and office buildings. A 12,333 square foot office building is proposed. Although images of the proposed building were shown to the Town Board at its work session on 4/3/14, they have not been placed in the Clerk's records and so are not available to the public so far.

The proposed building and parking area with 125 spaces are to take up the front half of the site, and the back half is to be left natural. A septic system is proposed for the front yard. The developer has stated that the building will operate from 7 a.m. to 7 p.m. (Full EAF, p. 7). This is projected to result in an average of 445 vehicles going in and out of the driveway each weekday (more data is in the Full EAF, see page between p. 7 & 8). There is to be exterior lighting in the parking lot and the building which is to be dark-sky compliant. This is from the site plan:

Click or tap image to view it larger

The site plan shows a rectangular building with its short side toward the street, so it takes up only half of the frontage. The other half is parking with an access driveway. Without heavy screening, parked cars will be visible to the street. If the building were designed with a longer front side with room for an access driveway to parking in the rear, parked cars would be noticeably less visible to passers-by on the street. Parking in the rear is required by the Town in J Business 6 Main Street Business districts, which have been favored in recent land use plans approved by the Town Board. The Montauk Highway in this part of Center Moriches seems like a Main Street Business District in many ways, making parking in the rear appropriate.

The proposed plan does not comply with the Town Code in two ways, as the developer admits in the small print on the site plan. First, the Code requires 20% of a commercial site to be landscaped or natural and half of that required 20% must be in the front yard. The obvious purpose is so the front yard is attractive. The developer says that its plan "does not comply". Certainly keeping the rear half of the site natural is of benefit to the community as well as the residential neighbors to the east, but the visual enhancement intended by the Code's land use standards is not achieved with the small front yard.

Second, when a commercial site is being developed with residentially zoned property on the other side of the street, a buffer is required along the street frontage of the commercial site. Typically, a landscaped buffer is required. The developer states that this is not being done. Two-thirds of the property across the street from the site is zoned A Residence 1 (see zoning map).

The application was heard by the Town Board on 4/8/14. The Moriches Bay Civic Association submitted a letter stating general support for the change, but raising a number of issues regarding the submitted site plan. The Board voted that night and approved the change subject to a number of conditions and covenants regarding setbacks and buffering and requiring a traffic impact study to be submitted in connection with the site plan application. The covenants were accepted by the Town Board on 9/9/14.

Site Plan Application,

The site plan submitted for approval is substantially similar to the conceptual plan before the Town Board for the change of zone approval. It shows a 12,300 sq. ft. office building located 13 feet from the west side of the site and average of 60 feet from the front of the site with parking on the east side and in the rear. The rear half of the property, about 2 acres, is to remain natural. A detailed site plan was also submitted. The elevations show 6 entrances to the building, and its projected appearance is shown in an artist's rendering.

The lighting plan shows no slight spillage onto adjacent properties or the front sidewalk.

The hearing was not heard as scheduled on 9/22/14, but was adjourned to 10/6/14. At the hearing the deputy Town Attorney said the reason for the adjournment was that an additional notice had to be given. The site plans were changed for this hearing by increasing the west parking boundary somewhat.