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Key Facts

Location

Riverhead Road (CR 51) & Route 111

SCTM

200-563-3-1.2

Area

2.8 acres

Existing zoning

L-1 and J-2

School District

Eastport South Manor

Pine Barrens status

In the Compatible Growth Area and adjacent to the Core

Current Use

2 buildings and outdoor storage of farm and non-farm vehicles

Current Application

Change of zone to L-1

Proposed use

No change proposed

Attorney

Eric Russo (for owner)

Hearing date

June 4, 2015, 6:30 pm (#37)

The Site and its Zoning

The 2.8 acre lot outlined in yellow above is located in the Pine Barren's Compatible Growth Area and immediately south of its Core. It is surrounded by farmland, woods, and a county park--all zoned residential, with 5-acre zoning to the north and 2-acre zoning to the south and west. It is within the County Road 51 Corridor, an area whose scenic vistas are to be protected, according to the Plan adopted by the Town Board in 2006. This lot is now split-zoned L Industrial 1 (left part of lot outlined above) and J Business 2 (right part).

Some History

This zoning was put in place in 1961 when the parents of the current owner requested a change from residential zoning for the lot and the Town Board agreed--despite the Planning Board's recommendation to deny the application as spot zoning. Their application stated that they wanted the L-1 part “for the storage of oil and petroleum products” and the J-2 part “for general business purposes”. The Sunrise Highway was then being extended to Eastport.

The lot is a small part of a large farm that the family has operated for many years--from at least 1962 when it is shown as cleared by an aerial photo. Today, most of the usage is not on the lot to be rezoned, but on the adjacent part of the farm; a recent aerial with a superimposed tax map shows this (disregard in lines for the other small lots; they are from an old filed map that has little significance today). The lot has 2 buildings and some stored vehicles, but is largely empty, as shown by a fairly recent Google map image and a recent photo:

Click image for larger view

Click image for larger view

In 2011, the County bought the development rights to 140 acres of that farmland north of Route 111 for $1.7 million, an action approved by the Legislature. Just 2 years later, however, the owner was cited for illegally storing hundreds of Sandy-damaged cars on the north end of the farm, and the Pine Barrens commission authorized prosecution.

Rezoning Applications

In March 2014, Councilman Panico scheduled a hearing for the Town Board to change the lot's zoning to all A Residential 2. The hearing was postponed numerous times and a year later, on April 16, 2015, he withdrew his proposal with the Board's consent. At the same meeting, he proposed rezoning the lot all L Industrial 1--so the J Business 2 zoning would be replaced with L Industrial 1. The hearing on that proposal was scheduled for Thursday, June 4. 2015.

It appears that discussions have been ongoing between the Town and the owner's attorney. There is a possibility that rezoning the lot L1 would be accompanied by the owner recording covenants that will severely limit the lot's permitted uses. However, any covenants being considered are not on the Town's website or otherwise publicly available so far.

On the surface, the obvious reason for the owner objecting to rezoning the lot A Residential 2 is so a business can be operated at a potentially high traffic volume site. The lot is adjacent to the eastbound Route 111 exit ramp onto the Riverhead Road, and there is nearby access onto the Sunrise via the service road that starts a little to the south from the Riverhead Road (CR 51). Eastbound weekenders could make a stop conveniently.

EMPOA's Board concluded that A-2 is the right zoning for this lot, and has submitted a 7-page letter explaining why. It goes deeper into the issues, so you will learn more by viewing it.