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Home My WebLink AboutFishers Island Utility Co Norklun, Stacey From:Neville, Elizabeth Sent:Monday, December 09, 2019 3:31 PM To:Spiro, Melissa; Doroski, Melanie; Noncarrow, Denis; Sepenoski, John; Caggiano, Richard; Glew, Claire; Reichert, Leslie; Sanders, Charles J.; Webster, Kevin; Lanza, Heather; Michaelis, Jessica; Terry, Mark Cc:Rudder, Lynda Subject:Emailing: FIUC SanitaryCredit_20191206095825 Attachments:FIUC SanitaryCredit_20191206095825.pdf Attached, please find Resolution 2019-975 adopted by the Town Board on December 3, 2019 which places one sanitary flow credit into the Town SFC Bank SCTM#1000-3.-7-3 Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 Your message is ready to be sent with the following file or link attachments: FIUC SanitaryCredit_20191206095825 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 RESOLUTION 2019-975 ` . ., ADOPTED DOC ID: 15741 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-975 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2019: WHEREAS, on November 6, 2019, the Town of Southold acquired Fee Title to a parcel owned by Fishers Island Utility Company, Inc.; and WHEREAS, said property is identified as SCTM#1000-3.-7-3 is located at No # East End Road, Fishers Island, New York, in the R-120 zoning district; and WHEREAS,the entire parcel is 5.35 acres as per a survey prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, last dated October 4, 2019; and WHEREAS, said property is located within the Fishers Island School District; and WHEREAS,the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial, or industrial uses and prohibits the use of the property for anything other than preservation of open space and passive recreation; and WHEREAS, as per Section 117-7 (Determination of Credits to be Deposited) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS, one (1) sanitary flow credit is available to be placed into the Town TDR Bank as a result of the acquisition of this buildable, non-subdividable property; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby places one i l�sanwtaj _flow credit into the Town. SFC Bank froin the Tomi's fee title ac gi ition ofthe property forinerl owned by Fishers Island 1,1tili!X Company, Inc. that is located at No# East End Road, Fishers Island and identified as SCTM #1000-3.-7-3. and, be it further RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Elizabeth A. Neville Southold Town Clerk Sanitary Flow Credit --------- Last Revision Date: Decernber'2019 ------------. .... No Charge for these,the Town received them free of charge ........ —---—---—--------- . ................. TB res for Purchase transfer into Date Project Name Tax Number Zone School District Bank (date) IN OUT -------------- Amount---- ----—----------------..... --- ----------------- 11/6/19 F1 Utility Cori) 3-7-3 R-120 Fishers Island 12/3/2019 —---------------- ........... ------------- ..... ---- --- --- Fishers Island ........ ---- --------- ------- - --------------------- ----------- 11/22/05 Suffolk County** 45-1-10 R-80/LB Greenport 12/13/2006 8 5/1 8 06 Carroll, Carla 53-3-2 R-80 Greenpoit 6/6/2006 ------ -- -------........I ------------- "I'll 3 11 1 26 1/08", Stackler 45-5-7.1 R-40/80 Greenport 4/22/2008 9.85 .... ..... 3/26/08 Stackler 47-2-33 R40 Greenport 4/22/2008 - --------------------- 3/26/08 Stackler 47-2-34.1 R40 Greenport 4/22/2008 1 - —--------- ------- 9/12/1 2 Manor Grove 53-1-1.2/1.3 R40/LB Greenport 9/25/2012 2 ------- 2/16/11 1 Sill, Julia 45-5-3.1,3.2,4 LIO/R-80 Greenport 5/8/2018 —--- ----------- - ----- -------- ......... --- ---- GREENPORT TOTAL 23.85 7/20/05 NOFO Associates 125-1-14 R-80 Mattituck 8/2/2005 21.4 ---—------ 3/2/06 CDCLI 122-2-23.1 AHD Mattituck 4/11/2006 10 $125,000.00 ........---------------- ......... 6/28/06 C & D Realtv 113-4-1 R-40 Mattituck 7/11/2006 ----------------------- ............ 11/30/06 Young Property 125-1-6.3 A-C Mattituck 1 12/19/2006 3.74 - ----------- 4/20/18 Tristate Capital Holdings 127-3-8 A-C/R-40 Mattituck 5/8/2018 -—------- ------- ---- ... .............. Capital Asset Retirement Fut 127-3-9.2 - - ----------..... 127-8-17.2 ----------- 127-8-17.3 --- - - --------..... Hallock, Jeffrey 127-3-10.2 --— --------- 'Hallock Holding Coil) 127-3-10.3 --------- ..... .... ........ MATTITUCK TOTAL 17.14 - — -------------- ........... ---- — ------------- —------------ L 6/19/15 Sinatra, Richard & Camille 22.-3-5.1 R-80 Orient/East Marion 6/30/2015 ............ ------------- - ----- ..................... ORIENVEAST MARION . ........ ... ---------- ................ 4/14/05 'PLT/Harper 59.-1-20.1 R-40 S outhold 4/26/2005 ......... - ------------------------- ........ 6/4/08 Parad 11 ise Pt Holding Corp 81-2-5,79-8-16 A-C Southold 6/17/2008 ----1-2 ---- -----------— ------- ..... ----------------- - ----- ........ ----------- ........------------ ....... ... SOUTHOLD TOTAL 1 3 .....-------------- - —------- --- - . ................. OVERALL IN BANK 55.99 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA RoSADO WWW.DOS.NY.GOV SECRETARY OF STATE May 29, 2019 RECEIVED Elizabeth A Neville JUN - 4 2019 Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold Town Clerk Southold NY 11971 RE: Town of Southold, Local Law 5 2019, filed on May 21 2019 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NE!Fc�YORK Department STATE OF OPPORTUNITY_ of State Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday, June 5, 2019 1:02 PM To: Rudder, Lynda Subject: RE: LL 5.docx, LL 6.docx, LL 7.docx, LL 8.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp@generalcode.com 1 4W PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Michelle Ruocco, Legal Advertising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of 28299 LEGAL NOTICE NOTICE OF —_ -- ENACTMENT A Local Law No. 5 —� 28299-I I� LEGAL NOTICE I j NOTICE OF ENACTMENT; Lw No.5 of 2019 entitled,A Local Law to Amend the Zoning Map of the Town A true copy of which is hereunto annexed, was �Aso.ca"a of thold by Changing the Zoning Designation of the property of•the Fishers Island Avenues,Fishers Islarid, published in said newspaper in its issue(s)of Ne�wtYork,'ComSCTMI1000 6 6 20.8rfrom R-80,t (Residential)toany identified as coner of Cenral andtHD(Hamlet Density)has been ENACTED by the Town Board of the Town of Southold on March 26,2019 05/23/2019 Section 1.Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTMI11000.6-6-20.8,from R-80(Residential)to HD(Hamlet Density) { Section 2.Code Amendment. Cust: SOUTHOLD TOWN OF/TOW N CLE Based on the goals of the Town,and upon our consideration of the application and of Ad#: d00826556 the recommendations of the Tovin Planning Board,the Suffolk County Planning Com- mission,and the public comments taken at the public hearing and otherwise,we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000.6.6-20.8,from R-80(Residential)to HD(Hamlet Density)approval of this chance of zone is subject to the a plicant filing of covenants and restrictions approved bin the Town AttorneyhmitmJr the use of the suject pro a to housin for full-time meat rounds residents of Fishers Island.The property is located at Central Avenue,Fishers Island,New York Section 3.Severability If any clause,sentence,paragraph,section,or Dart of this Local Law shall be adjudged /^/ by any court of competent jurisdiction to be invalid,the judgement shall not affect the I \�(�/I/2f(X� validity this law as a whole or any part thereof other than the Dart so deeded to be unconstitutional or invalid Section 4.Effective Date A complete copy of the summarized local law above shall be available for public inspec- Subscribed and sworn to before me tion during normal business hours at the Office of the Town Clerk,Town of Southold, 53095 Main Road,Southold;New York This Friday May 24 2019 This Local Law shall take effect immediately upon filing with the;Secretary of State as provided by law. BY ORDER OF THE TOWN BOARD �I Dated March 26,2019 OF THE TOWN OF SOUTF D -Elizabeth A Neville,5outhold Town Clerk Notary Public My commission expires j I I I i t .._ _-.,..... ...».._..tea.+.,.w,a.,�,.e.,.._»,......»....z..,_ _. _I wa t uecRun OXPau l)8 �A) 47 Eugene O'Neill Drive New London,CT 06320 860-442-2200 www.theday.com Classified Advertising Proof Order Number: d00826556 Elizabeth Neville SOUTHOLD TOWN OF/TOWN CLERK ATTN:TOWN CLERK 53095 MAIN ROAD PO BOX 1179 SOUTHHOLD,NY 11971-0959 631-765-1800 Title:The Day I Class:Public Notices 010 Start date:5/23/2019 1 Stop date:5/23/2019 Insertions: 1 I Lines:0 ag Title:Day Website I Class:Public Notices 010 Start date:5/23/2019 1 Stop date:5/23/2019 1 Insertions:1 I Lines:0 ag A preview of your ad will appear between the two solid lines 28299 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law No.5 of 2019 entitled,A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the property of the Fishers Island Utility Company identified as corner of Central and Crescent Avenues,Fishers Island, New York,SCTMrs1000-6.6-20.8,from R-80(Residential)to HD(Hamlet Density)has been ENACTED by the Town Board of the Town of Southold on March 26,2019 Section 1.Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTMtr1000.6-6-20.8,from R-80(Residential)to HD(Hamlet Density). Section 2.Code Amendment. Based on the goals of the Town,and upon our consideration of the application and of the recommendations of the Town Planning Board,the Suffolk County Planning Com- mission,and the public comments taken at the public hearing and otherwise,we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM:1000.6.6-20.8,from R-80(Residential)to HD(Hamlet Density)approval of this change of zone Is subject to the applicaht filing of covenants and_restridions approved by the Town Attorney limiting the use of the subiect property to housing for full-time year rounds residents_of Fishers Island.The property is located at Central Avenue,Fishers Island,New York. Section 3.Severability If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4,Effective Date A complete copy of the summarized local law above shall be available for public inspec- tion during normal business hours at the Office of the Town Clerk,Town of Southold, 53095 Main Road,Southold,New York. This Local Law shall take effect immediately upon riling with the Secretary of State as provided by law. Dated.March 26,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville,Southold Town Clerk Total Order Price: $359.00 Please call your ad representative by 3PM today with any ad changes. Salesperson: Michelle Ruocco I Printed on: 5/21/2019 Telephone: 860-701-4276 1 Fax: 860-442-5443 Email:Legal@theday.com #0002354320 J10 ' W STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 05/23/2019 Principal Clerk Sworn to before me this da of Y (YITINA V0LINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My Commission Expires February 28,2020 Tq*1 J'+SM0 Tue May 21 13.52 34 EDT 2019 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law No.5 of 2019 entitled,A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Des- ignation of the property of the Fishers Island Utility Company identified as corner of Cen- tral and Crescent Avenues, Fishers Island, New York,SCTM#1000-6-6-20.8,from R-80 (Residential) to HD (Hamlet Density) has been ENACTED by the Town Board of the Town of Southold on March 26,2019. Section 1.Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the par- cel known as SCTM#1000-6-6-20.8, from R-80(Residential)to HD(Hamlet Density). Section 2.Code Amendment. Based on the goals of the Town,and upon our consideration of the application and of the recommendations of the Town Planning Board,the Suffolk County Planning Commis- sion,and the public comments taken at the public hearing and otherwise, we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000-6-6-20 8,from R-80(Residen- tial)to HD(Hamlet Density)approval of this change of zone is subject to the applicant filing of covenants and restrictions ap- proved by the Town Attorney limiting the use of the subject property to housing for full-time year rounds residents of Fishers Island. The property is located at Central Avenue,Fishers Island,New York. Section 3.Severability If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be in- valid,thejudgement shall not affect the valid- ity of this law as a whole or any part thereof other than the part so decided to be unconsti- tutional or invalid. Section 4.Effective Date A complete copy of the summarized local law above shall be available for public inspection during normal business hours at the Office of the Town Clerk, Town of Southold, 53095 Main Road,Southold,New York This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law Dated.March 26,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville,Southold Town Clerk 2354320 Neville, Elizabeth From: legals <legals@timesreview.com> Sent: Monday, May 20, 2019 4:21 PM To: Neville, Elizabeth; legal@theday.com; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Norklun, Stacey; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland; 'fiferry@fishersisland.net';finyinfo@gmail.com; F.I. Fog Horn (ficommunityboard@gmail.com); 'ficommunityboard@gmail.com'; Geb Cook (gcook@fiferry.com); gmurphy@fiferry.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; denise@southoldlocal.com; 'Martin Finnegan' Subject: Re: LEGAL NOTICEof Enactment of Local Law No. 5 of 2019 Attachments: Ad_Order_Form[23].pdf,Ad_Image_Preview[10].pdf Hello, This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. legals@timesreview.com rnm,s:��,� I4lE MEDIA GROUP Kimberly Gersic Sales Production Assistant 631.354.8 013(direct) kgersic@timesreview.com www.timesreview.com PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. rT,� s tJ F.+�RE-VlEwrl MEDIA GROUP 1 Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kqersic@timesreview.com www.timesreview.com From: "Neville, Elizabeth" <E.Neville@town.southold.nv.us> Date: Monday, May 20, 2019 at 1:19 PM To: Lindsay Riemer<legals@timesreview.com>, "legal@theday.com" <legal@theday.com>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Duffy, Bill" <billd@southoldtownny.gov>, "Ghosio, Bob"<bob.ghosio@town.southold.nv.us>, "Hagan, Damon" <damonh@southoldtownny.gov>,Jim Dinizio <]im@iamesdinizio.com>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, Louisa Evans<lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Rudder, Lynda" <lynda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Silleck, Mary" <marvs@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland <rulandfarm@vahoo.com>, "'fiferry@fishersisland.net"' <fiferry@fishersisland.net>, "finvinfo@gmail.com" <finvinfo@gmail.com>, "F. I. Fog Horn (ficommunitvboard@gmail.com)" <ficommunitvboard@gmail.com>, "'ficommunitvboard@pmail.com"' <ficommunitvboard@gmail.com>, "Geb Cook (gcook@fiferry.com)"<gcook@fiferry.com>, "gmurphy@fiferry.com" <gmurphy@fiferrv.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southoId.ny.us>, "denise@southoldlocal.com" <denise@southoldlocal.com>, 'Martin Finnegan' <mfinnegan@suffolklaw.com> Subject: LEGAL NOTICE&Enactment of Local Law No. 5 of 2019 Please publish on May 23, 2019 and forward one affidavit of publication to Elizabeth A. Neville,Town Hall, P.O. Box 1179, Southold, NY 11971 Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 2 a Times Review Media Group P.O.B0110 Mattltuck NY 11952 Phone:(6 1)298-3200 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law No 5 of 2019 entitled,A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Des- ignation ofthe property ofthe Fishers Island Utility Company identified as corner ofCen- tral and Crescent Avenues, Fishers Island, New York,SCTM#1000-6-6-20 8,from R-80 (Residential) to HD (Hamlet Density) has been ENACTED by the Town Board of the Town of Southold on March 26,2019 Section 1.Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the par- cel known as SCTM#1000-6-6-20 8, from R-80(Residential)to HD(Hamlet Density) Section 2.Code Amendment. Based on the goals ofthe Town,and upon our consideration of the application and of the recommendations of the Town Planning Board,the Suffolk County Planning Commis- sion,and the public comments taken at the public heanng and otherwise, we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000-6-6-20 8,from R-80(Residen- tial)to HD(Hamlet Density)approval of this change of zone is subject to the applicant filing of covenants and restrictions ap- proved by the Town Attorney limiting the use of the subject property to housing for full-time year rounds residents of Fishers Island. The property is located at Central Avenue,Fishers Island,New York. Section 3.Severability If any clause,sentence,paragraph,section,or part of this Local Law shall be adjudged by any court of competent jurisdiction to be in- valid,thejudgement shall not affect the valid- ity of this law as a whole or any part thereof other than the part so decided to be unconsti- tutional or invalid Section 4.Effective Date A complete copy ofthe summarized local law above shall be available for public inspection during normal business hours at the Office of the Town Clerk,Town of Southold, 53095 Main Road,Southold,New York This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law Dated March 26,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville,Southold Town Clerk 2354320 PLEASE NOTE CANCELLATION POLICY FOR LEGAL NOTICES: All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. ti Times Review Media Group P.O.Bo 1500 Mattituck NY 11952 Phone:(6�1)298-3200 INVOICE/RECEIPT Ad/Order#:0002354320 05/20/2019 SOUTHOLD TOWN Salesperson:LEGAL NOTICES T/R BOARD-LGL 178826 Description: PO BOX 1179 SOUTHOLD TOWN BOARD/LN, SOUTHOLD NY 11971-0959 (631)765-4333 Phone:(631)765-4333 LYNDA.RUDDER@T0WN.S0UTH0LD.NY.US Promo Code: Size: 1.02 x 6.85 Color: Total Weeks: 1 Product Category Classification Insertions Period SUFFOLK TIMES CLASSIFIED LEGALCL LEGALS 05/23/19 Pricing Information: Sub Total: 42.91 Total Due: 42.91 Ad Taker:LEGAL NOTICES T/R Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,•May 20, 2019 2:16 PM To: Reisenberg, Lloyd Subject: RE: LEGAL NOTICEof Enactment of Local Law No. 5 of 2019 Thank you, Lloyd! From: Reisenberg, Lloyd Sent: Monday, May 20, 2019 2:01 PM To: Neville, Elizabeth Subject: RE: LEGAL NOTICEof Enactment of Local Law No. 5 of 2019 All set Betty. Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloydr@southoldtownny.aov 0: 631-765-18911 M:631-879-1554 I F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Neville, Elizabeth Sent: Monday, May 20, 2019 1:19 PM To: legals@timesreview.com; legal@theday.com; Doherty,Jill <iill.doherty@town.southold.nv.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.ny.us>; Duffy, Bill<billd@southoldtownnv.gov>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>; Hagan, Damon<damonh@southoldtownny.gov>;Jim Dinizio <iim@iamesdinizio.com>;Standish, Lauren <Lauren.Standish@town.southold.nv.us>; Louisa Evans <Ipevans06390@gmail.com>; Neville, Elizabeth <E.Neville@town.southold.nv.us>; Norklun, Stacey <Stacey.Norklun@town.southold.nv.us>; Noncarrow, Denis<denisn@southoldtownnv.gov>; Rudder, Lynda <Ivnda.rudder@town.southold.ny.us>; Russell,Scott<scottr@southoldtownny.gov>; Silleck, Mary <marys@town.southold.nv.us>;Tomaszewski, Michelle <michellet@town.southold.ny.us>; William Ruland <rulandfarm@vahoo.com>; 'fiferry@fishe rsisla nd.net'<fiferry@fishersisland.net>; finyinfo@gmaikcom; F. I. Fog Horn (ficommunityboard@gmail.com) <ficommunitvboard@email.com>; 'ficommunityboard@gmail.com' <ficommunitvboard@gmail.com>; Geb Cook(gcook@fiferry.com) <gcook@fiferry.com>;gmurphy@fiferry.com; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis,Jessica<iessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>; denise@southoldlocal.com; 'Martin Finnegan' <mfinnegan@suffolklaw.com> Subject: LEGAL NOTICE&Enactment of Local Law No.5 of 2019 Please publish on May 23, 2019 and forward one affidavit of publication to Elizabeth A. Neville,Town Hall, P.O. Box 1179, Southold, NY 11971 - 1 Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800,Ext. 228 Fax 631765-6145 Cell 631466-6064 2 . I I -1-IIIIIIIIIIIIIIIIIII � i 111111.11111111111 IIIII I II, I II IIIII(ill(III III II.III l II , �8326 . . Mailing- Label EM,,,2 '5'499 H Label 11-F, April 2004 .. UEXPRESSMAIL UNI TED,STATES POSTAL SER VICES Post Officb7b Addressee PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑AM Employee Signature - ❑Next ❑2nd ❑2nd Del Day $ Mo Day ❑PM ! UDate Accepted Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time El AM Employee Signature Month Day $ Mo Day ❑PM Scheduled Time of Delivery COD Fee Insurance Fee Delivery Date Time Employee Signature Mo. Day Year ry ry ❑AM � Z Time Accepted Y ❑AM ❑Noon ❑3 PM $ $ Mo Day PM 1 1 Military Total Postage&Fees .:r: - r �^ 11 PM �OWAIStEROF,.SSBNATURE(Oair7est/dMul(Only}Atldit, oNal moretiendis'o,ldirun'color yotdHwatver ofsigdatero is roquosted:Ivrish deltvoryto ba mudev�itiioutotifainh, 'Sig nadire;.• Flat Rate❑or Weight ❑2na Day ❑ard Day $ of a ddros^.,aeniadtlr� Sa-..agant:{ff dofnrory amptoyee.{u-dgeathat'({itfeto can be lett In axc4ro !/ i 11J ocatlon)ahfl°aGthorize that delivary ennpii. 'psignal uepoasiltutds'va_gd pmol at deUvery.;", J Int'(Alpha Country Code Acceptance Emp.Initials n. Q lbs. ozs. NODELWERY tYooke6d Nottday'" :rs`,�s:":'$:,;:,.�. '.,`'. _ .`•SV':?•.i i CLIST• _ _:o li.r �,' Cdatoritor.signaturo; _f=s Q METHOD OP PAYMENT ' ` Y, ` 1 E%PreSS Mal Corporate Acct No X119294- Federal Agency Acct No or r•' Postal Service Aoot No I Q77t05'/ 2406 FROM:(PLEASE PRINT) PHONE&3/1r) / TO:(PLEASE PRINT) PHONE K51ffl ' �o w t:er.- ��i'zabc`'�1 �eo/,l.�e� aer-a cn TD:�IWOF-�SQUT -ccPO•.Bb) `"1179, v l� e4��.Ck"W SOUTHOLD MY 11971=4959 '��4.ZQ, Orate aMMer a 4 W Min on Ave h N e A «yAlFOR PICKUP OR TRACKING: Visit WVVW.USPS.COM or Call 1-800-222-1811 EA fis aa3J ■ 2-4/ 25 F:02 T: EP14 July 2013 SIT US AT USPS.COM® UNITED STWES a, OD:11.625 x 15.125 ORDER FREE SUPPLIES ONLINE AWPOSTAL.SERVICE® ELIZABETH A. NEVILLE, MMC F01Town Town Hall,53095 Main Road TOWN CLERK �� P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145 MARRIAGE OFFICER ®N- Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 20, 2019 Priority Mail Express EM 283265499 US Re: Local Law No.5 of 2019 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with my telephone call with your office this morning, I am sending you a replacement of Local No. 5 of 2019 for filing in your office in accordance with provisions of Section 27 of the Municipal Home Rule Law. I would appreciate if you would send me a receipt indicating the filing the enclosures in your office. Thank you. Very truly yours, a6.-WoTLA Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City R1 Town of SOUTHOLD' ❑ Village Local Law No. 5 of the year 2019 . A Local Law entitled, A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-86 (Residential) to HD (Hamlet Density) Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential)to HD (Hamlet Density). Section 2: Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM 1000-6-6-20.8, from R-80 (Residential)to HD (Hamlet Density) approval of this change of zone is subject to the filing of covenants and restrictions approved by the Town Attorney limiting the use of the subject property to housing for full-time year round residents of Fishers Island. The,property is located at Crescent Avenue, Fishers Island, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed,attach pages the same size as this sheet,and number each.) 1 DOS-239-f-1(Rev 04/14) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 19 of the (( )(Town) of SOUTHOLD was duly passed by the TOWN BOARD—on—March 26 20 19 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20_____, and was (approved)(not approved)(repassed after disapproval)by the on 1 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 2 DOS-239-f-I(Rev.04/14) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on -20-----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. a4a&tq 0. TL4A'L401-& Clerk oft County legislative body, City, Town or (Seal) Village C erk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: May 20,2019 3 DOS-239-f-1(Rev 04/14) 4 C41-C/ CB �Os�Cf®��n ELIZABETH A. NEVILLE, MMC O OG ®fid ®� roved TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER ` RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER - OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 15, 2019 Priority Mail press E 2 1 8 6 31, 6 2 3 7 U S RE: Loca Law No. 5 of 2019 Town o Southold, Suffolk County New York State Departmen of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with pro isions of Section 7 of the Municipal Home Rule Law, I am enclosing herewith certi ed copy of Local La o. 5 of 2019 of the Town of Southold, suitable for fili in your office. J I would appre 'ate if you would send me a receipt indicating the filing of the enclosures in your o ice. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk E osures c : Town Attorney NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHO ❑ Village Local Law No. 5 of the year 2019 . A Local Law entitled, A Loc Law to amend the Zoni Map to change the zoning of the parcel known as SCTM#1000-6-6-20. from R-80 (Reside ial) to HD (Hamlet Density) Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Section 1. Purpose. A local Law to change the zoning of the arcel know s SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density). Section 2. Code Amendment. Based on the goals of the Town, an upon our consideration the recommendations of the Town Planning Board, the Suffolk County Planni Commission, and the publa comments taken at the public hearing and otherwise,, ve hereby amend the up/ Zoning Map of the Tow, ow of Southold as adopted by Section 100-21 of the Town Code to change parce SCTM 1000-6-6-20.8, from R-80 esidential) to HD (Hamlet Density.. The property is located at Crescent venue, Fishers Island,New York. Section 3. Severability. If any clause, sentence, par graph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the par so decided to be unconstitutional or invalid. f Section 4. Effective D to This Local Law shall ake effect immediately upon filing with the Secretary of State as provided by law. (If add' ional space is needed, attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev 04/14) - 1 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 5 of 20 19 of the (Gounty)(Gity)(Town) of SOUTHOLD was duly passed by the TOWN BOARD on March 26 , 20 19 , in accordance with the applicable provisions of law. 2. (Passage by loca legislative body with approval, no disapproval or re- ` e after disapproval by the Elective Chief Executive Of 1 r*.) I hereby certify that the to I law annexed hereto, designated as local aw No. of 20 of the(County)(City)(Town) illage) of was duly passed by the on 20 , nd was (approved)(not approved)(re-passed after disapproval) by the and was d med duly adopted on 20 , in accordance with the applicable prov' ions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, des' ted as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was(approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive referendu and received the affirmative vote of a majority of the qualified electors voting thereon at the(genera (special)(annu\becausea 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum nd final adoption tion was filed requesting referendum.) I hereby certify that the local law anne d hereto, designated aof 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (appr ed)(not approved) (repassed after disapproval) by the on 20ch local law was subject to permissive referendum and no valid etition requesting such referendum was filed as of 20 , in accordance with the applicable prov' ions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or, If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 2 DOS-239-f-I(Rev 04/14) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local la . annexed hereto, designated as local law No of 20 of the County of State of New rk, having been submitted to the electors at the General Election of Novemb 20 , pursu nt to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and havi received the affirmative vote of majority of the qualified electors of the cities of said county as a unit and a majority of t qualified electors of the to s of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adopt n has been fol wed, please provide an appropriate certification.) I further certify that I have compared the preceding cal la with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such ri nal local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk o he County legislative body, City, Town or (Seal) Village rk or officer designated by local legislative body Elizabeth Neville,Town Clerk Date: ay 15 2019 3 Neville, Elizabeth Full Name: Laws Local Last Name: Local First Name: Laws Job Title: Dept of Law Company: NYS DOS Business: (518)474-2755 Linda Laasch arolyn 1 Neville, Elizabeth From: Neville, Elizabeth Sent:' Monday, May 20, 2019 11:07 AM To: ' Duffy, Bill Subject: F.I. Utility C of Z? Attachments: Document2.docx Importance: High Bill, I am preparing the legal notice for the enactment to send to the Suffolk Times now that we received the filed covenants & restrictions. However, I feel we should be adding the text of the condition of approval to the legal notice of enactment. It also probably should have been added to the local law filing the NYS Dept of State and it was not. I probably should call them and tell them to discard what was sent to them and that I will be re-filing it with the conditional approval. What do you think? Please advise. Betty Neville Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, May 20, 2019 1:19 PM To: legals@timesreview.com; legal@theday.com; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabdth; Norklun, Stacey; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland; 'fife rry@fishersisland.net'; finyinfo@gmail.com; F.I. Fog Horn (ficommunityboard@gmail.com); 'ficommunityboard@gmail.com'; Geb Cook (gcook@fiferry.com); gmurphy@fiferry.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; denise@southoldlocal.com; 'Martin Finnegan' Subject: LEGAL_NOTICE&Enactment of Local Law No. 5 of 2019 Attachments: LEGAL NOTICE.pdf Please publish on May 23, 2019 and forward one affidavit of publication to Elizabeth A. Neville,Town Hall, P.O. Box 1179, Southold, NY 11971 Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 1 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law No. 5 of 2019 entitled,A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the property of the Fishers Island Utility Company identified as corner of Central and Crescent Avenues,Fishers Island,New York, SCTM#1000-6-6-20.8, from R-80(Residential)to HD(Hamlet Density)has been ENACTED by the Town Board of the Town of Southold on March 26,2019. Section 1.Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential)to HD(Hamlet Density). Section 2: Code Amendment. Based on the goals of the Town, and upon our consideration of the application and of the recommendations of the Town Planning Board,the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise,we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM# 1000-6-6-20.8, from R-80(Residential)to HD(Hamlet Density) approval of this change of zone is subiect to the applicant filing of covenants and restrictions approved by the Town Attorney limiting the use of the subject property to housing for full-time year rounds residents of Fishers Island. The property is located at Central Avenue,Fishers Island,New York. Section 3. Severability If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4.Effective Date A complete copy of the summarized local law above shall be available for public inspection during normal business hours at the Office of the Town Clerk, Town of Southold, 53095 Main Road, Southold,New York. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 26, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville, Southold Town Clerk Please publish on May 23, 2019 and forward one affidavit of publication to Elizabeth A.Neville, Town Hall,P.O.Box 1179, Southold,NY 11971 Copies to:The Suffolk Times,The New London Day,Town Board,Town Attorney;Town Clerk Bulletin Board,Town Website; Martin D. Finnegan, Esq Southold Town Board - Letter Board Meeting of March 26, 2019 RESOLUTION 2019-224 Item# 5.4 3 A:.73 " ADOPTED DOC ID: 15000 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-224 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18`' day of December, 2018, a Local Law entitled"A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density); and..; WHEREAS, on February 15.2018, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 26, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons`wer'e given an- opportunity to be heard; and WHEREAS, at the public hearing there was testimony from the public regdrdin!the need for 'housing for full time residents of Fishers Island, and WHEREAS, there was also testimony from members of the public concerned-that iftthe application for the change of zone was approved that without certain conditions placed on the change of zone, there was a potential for dwelling units could be as shortfterrri housing for visitors to Fishers Island, and WHEREAS, the.applicant's representative stated that the applicant intended to use any dwelling units built on the subject property as housing for full-time year-round 'residents of Fishers Island and that the applicant was willing to place covenants and restrictions on the ' property limiting the use of the subject premises to full-time year round residents of Fishers 1 iF Island,,and WHEREAS, the Town Board of the Town of Southold hereby finds that based on the goals of the Town, and the consideration of the recommendations of the Town P in Board, and the public comments taken at the public hearing tha approval of the change of zone should be subject to the filing of covenants an restric ions limiting the use of the subject property to housing for full-time year round residents of Fishers Island, and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency Generated March 27, 2019 Page 17 Southold Town Board - Letter Board Meeting of March 26, 2019 for the purposes of SEQRA review for the subject change of zone; and be it further RESOL:'ED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a -significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and, be it further RESOLVED, that the Town'Board of the Town of Southold, S��applicant filings. covenant and ze trictions approved by the Town Attorney limiting=the use of the subiec pooped. to housing for full-time year round residents of Fishers Island, hereby ENACTS the proposed Local Law entitled, 'A Local Law to amend'the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density)" which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density). Section 2. Code Amendment. Based on the,goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning-Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM 1000-6-6- 20.8, from R-80 (Residential) to HD-(Hamlet Density).. The property is located at'Crescent Avenue, Fishers Island,New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court_of.competent jurisdiction to be invalid, the judgment shall not affect the validity of this flaw as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated March 27, 2019 Page 18 MCCEIVED Tom O'Neil, President, Island Community Board MAR 1 4 2019 P.O. Box 464 Fishers Island, NY 06390 3/14/19 Southold Town Clerk Elizabeth Neville Town Clerk Southold Town Hall 53095 Main Rd. P.O.Box 1179 Southold, NY 11971 Dear Elizabeth Neville: The Island Community Board (ICB) held its monthly meeting on Fishers Island on Tuesday, March 12th, 2019 at the Island Community Center. This meeting is a monthly forum for island organizations to report on projects and other island-wide initiatives that Will impact the island community. As you may know, a recent project that has attracted'a lot of attention is the request for zoning change at the "Briar Patch" property from Residential to HD zoning. The Community, Board requested a,public discussion with the Fishers Island Utility Company representative, Chris Finan. Mr. Finan was i.n'attendan'ce and was able to address all the community concerns over this issue. There was a healthy discussion and,it appeared that most of the concerns were attended to and his responses`seeme'd to quell a lot of the concern. We at the ICB would like to include this'letter in the public record as a letter of support for the Fishers Island Utility Company project at the "Briar Patch". We feel that the Utility Company has done its due diligence on this issue and appreciate their cooperation. We feel that addressing the community's concerns in a public forum is the best and most transparent way to move ahead and we support their efforts to improve affordable year-round housing opportunities on Fishers Island. Sincerely, Tom O'Neil, President, Island Community Board Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday, March 14, 2019 11:42 AM To: Norklun, Stacey; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland Cc: 'Martin Finnegan' Subject: FW: Letter of support from ICB_Utility Company Project Attachments: ICB_FI Utilty Co Letter of Support_3_2019.docx FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631 765-1800,Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Meredith Doyen [ma ilto:finy.south old 61gmail.com] Sent: Thursday, March 14, 2019 11:41 AM To: Louisa Evans; Neville, Elizabeth Cc: icfinan(&fiuc.net; Tom ONeil; Russell, Scott Subject: Letter of support from ICB_Utility Company Project Betty and Louisa, Attached is a letter from the ICB about the "Briar Patch" project that the Fishers Island Utility Co. is working on. This is in response to a public meeting and feedback from the Utility Company and participants at a public forum. Please include this in the public record and share with those who need to see this before the discussions in town tonight. Thank you, Meredith Doyen, Neighborhood Aide i Neville, Elizabeth From: legal <legal@thed y<c > Sent: Monday, A x-il 1, 2019 2:54 PM To: Ne, izabeth Subject: ENACTMENT LEGAL NOTICE FI Utility Co wo�+ P s it Received I sto the ad f om running. , p g Michelle Ruocco G r ® �� Classified Sales Assistant rove- ® 4,n fin e- The Day Publishing ma.ruocco@theday.com 860-701-4276 From: Neville, Elizabeth<E.Neville@town.southold.ny.us> Sent: Monday, April 01, 2019 2:42 PM To: Evans, Louisa <Iouisae@southoldtownny.gov>;fiferry@fishersisland.net;finyinfo@gmaiLcom; Fog Horn (ficommunitvboard@gmail.com) <ficommunitvboard@gmail.com>; geb cook<gcook@fiferry.com>; GSMurphy <gmurphy@fiferry.com>; legal <legal@theday.com>; legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis,Jessica <iessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>; Southold Local (denise@southoldlocal.com) <denise@southoldlocal.com>; Dinizio,James<iames.dinizio@town.southold.nv.us>; Doherty,Jill <iill.doherty@town.southold.nv.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.nv.us>; Ghosio, Bob<bob.ghosio@town.southold.ny.us>; Louisa Evans <IPevans06390@gmail.com>; Noncarrow, Denis<denisn@southoldtownny.gov>; Norklun, Stacey <Stacey.Norklun@town.southold.nv.us>; Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>; Russell,Scott <scottr@southoldtownny.gov>; Standish, Lauren<Lauren.Standish@town.southold.nv.us>;Tomaszewski, Michelle <michellet@town.southold.ny.us>; William Ruland <rulandfarm@vahoo.com>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon<damonh@southoldtownny.gov>; Silleck, Mary<marys@town.southold.nv.us>; 'Martin Finnegan' <mfinnegan@suffolklaw.com> Subject: RE: ENACTMENT LEGAL NOTICE FI Utility Co Importance: High Please be advised that the "Legal Notice of Enactment of the Fishers Island Change of Zone will NOT be published or advertised until after the applicant submits covenants and restrictions approved by the Town Attorney. Please remove this notice from your websites and/or publication schedules. Thank you for your cooperation. Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 i Southold,NY 11.971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: Neville, Elizabeth _� . -�• ... '--� . ~ _�.•.. .. Sent: Sunday, March 31, 2019,8:51 PM To: Evans, Louisa; fiferry@fishersisland.net; finyinfo@gmail.com; Fog Horn (ficommunitvboard(&gmail.com); geb cook; GSMurphy; New London Day Newspaper(legal@theday.com); legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocaLcom); Dinizio, James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary; 'Martin Finnegan' Subject: ENACTMENT LEGAL NOTICE FI Utility Co Please publish in the April 4, 2019 edition of the.Suffolk Times and New London Day. Everywhere else: Immediately Thank you. Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 2 Neville, Elizabeth From: legals <legals@timesreview.com> Sent: Monday,April 01, 2019 2:55 PM To: Neville, Elizabeth; Evans, Louisa;fiferry@fishersisland.net;finyinfo@grriail.com; Fog Horn (ficommunityboard@gmail.com); geb cook; GSMurphy; New London Day Newspaper (legal@theday.com); Lisa Finn (lisaahfinn@gmail'.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal'.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Noncarrow, Denis; Norklun, Stacey, Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary; 'Martin Finnegan' Subject: Re: ENACTMENT LEGAL NOTICE FI Utility Co ImporDNoticewWill High Ad kill . yFTlIIME R ��,A�y F' EPHST�'Ak MEMA GROUP Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kpersic@timesreview.com www.timesreview.com From: "Neville, Elizabeth" <E.Neville@town.southold.ny.us> Date: Monday,April 1,2019 at 2:42 PM To: "Evans, Louisa" <louisae@southoldtownny.gov>, "fife rry@fishersisland.net" <fiferry@fishersisland.net>, "finvinfo@gmail.com"<finvinfo@gmail.com>, "Fog Horn (ficommunitvboard@gmail.com)" <ficommunitvboard@gmail.com>, geb cook<gcook@fiferry.com>, GSMurphy<gmurphy@fiferry.com>, "New London Day Newspaper(legal@theday.com)" <legal@theday.com>, Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southoId.ny.us>, "Southold Local (denise@southoldlocal.com)" - <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.ny.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, Louisa Evans<lpevans06390@gmail.com>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun,Stacey" <Stacey.Norklun@town.southold.nv.us>, "Rudder, Lynda" 1 <I nd _ udder@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>,William Ruland <rulandfarm@yahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <mares@town.southold.nv.us>, 'Martin Finnegan' <mfinnegan@suffolklaw.com> Subject: RE: ENACTMENT LEGAL NOTICE FI Utility Co Please be advised that the "Legal Notice of Enactment of the Fishers Island Change of Zone will NOT be published or advertised until after the applicant submits covenants and restrictions approved by the Town Attorney. Please remove this notice from your websites and/or publication schedules. Thank you for your cooperation. Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631 765-1800,'Ext.228 Fax 631765-6145 Cell 631466-6064 From: Neville, Elizabeth Sent: Sunday, March 31, 2019 8:51 PM To: Evans, Louisa; fiferry@fishersisland.net;`finyinfo@gmail.com; Fog Horn (ficommunityboard@gmail.com); geb cook; GSMurp'hy; New London Day Newspaper(leaalC�theday.com); legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocaLcom); Dinizio, James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary; 'Martin Finnegan' Subject: ENACTMENT LEGAL NOTICE FI Utility Co Please publish in the April 4, 2019 edition of the Suffolk Times and New London Day. Everywhere else: Immediately Thank you. Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 2 Neville, Elizabeth From: legals <legals@timesreview.com> Sent: Monday, April 01, 2019 9:43 AM To: Neville, Elizabeth; Evans, Louisa;fiferry@fishersisland.net;finyinfo@gmail.com; Fog Horn (ficommunityboard@gmail.com); geb cook; GSMurphy, New London Day Newspaper (legal@theday.com); Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocal.com); Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary; 'Martin Finnegan' Subject: Re: ENACTMENT LEGAL NOTICE FI Utility,Co Attachments: Ad_Order_Form[1].pdf,Ad_Image_Preview[1].pdf Hello, This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. legals@timesreview.com RP14IRd Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kqersic@timesreview.com r www.timesreview.com PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. rws ? x ,, REVIEW _... MEDIA GROUP 1 Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kqersic@timesreview.com www.timesreview.com From: "Neville, Elizabeth" <E.Neville@town.southold.ny.us> Date:Sunday, March 31, 2019 at 8:51 PM To: "'Evans, Louisa" <louisae@southoldtownnV.gov>, "fiferry@fishersisland.net"<fiferry@fishersisland.net>, "finyinfo@gmail.com" <finyinfo@gmail.com>, "Fog Horn (ficommunitvboard@gmail.com)" <ficommunitvboard@gmail.com>, geb cook<gcook@fiferry.com>, GSMurphy<gmurphy@fiferry.com>, "New London Day Newspaper(legal@theday.com)" <legal@theday.com>, Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southo Id.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James"dames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans<Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>;"Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey:Norklun@town.southold.nv.us>, "Rudder, Lynda" <lynda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <mares@town.southold.nv.us>, 'Martin Finnegan'<mfinnegan@suffolklaw.com> Subject: ENACTMENT LEGAL NOTICE FI Utility Co Please publish in the April 4, 2019 edition of the Suffolk Times and New London Day. Everywhere else: Immediately Thank you. Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 2 Neville, Elizabeth From: Neville, Elizabeth Sent: Sunday, March 31, 2019 8:51 PM To: Evans, Louisa;fiferry@fishersisland.net;finyinfo@gmail.com; Fog Horn (ficommunityboard@gmail.com); geb cook; GSMurphy, New London Day Newspaper (legal@theday.com); legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); , Dinizio,James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary; 'Martin Finnegan' Subject: ENACTMENT LEGAL NOTICE FI Utility Co Attachments: LEGAL NOTICE FI Utility Co.pdf, Please publish in the April 4, 2019 edition of the Suffolk Times and New London Day. Everywhere else: Immediately Thank you. Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 r 1 TwomeyIN Latham Martin D.Finnegan S H E A, KELLEY, DUBIN & Q U A R T A R A R O, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr (1945-2014) Stephen B Latham John F.Shea,III Christopher D.Kelley RECEIVED David M Dubin •. Jay P.Quartararo t May 14, 2019 Peter M Mott Janice L.Snead AY 1 5 2019 Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Laura I Dunathan Lisa Clare Kombrink Via First Class Mail Southold Town Clerk Patrick B Fife Martin D Finnegan o Reza Ebrahimi Ms. Elizabeth A.Neville, Town Clerk Jeffrey W.Pagano Town of Souihold P.O. Box 1179 Bryan J Drago Bernadette E.Tuthill Southold,NY 11971-0959 Craig H.Handler Alexandra Halsey-Storch Melissa S.Doris Re: Change of Zone Application for Fishers Island Utility Company/ Katenna Grmko Lorraine Paceleo Briar Patch Terrence Russell Premises: Corner of Central and Crescent Avenues, Fishers Daniel R Bernard Christina M Noon Island, NY/SCTM#1000-6-6-20.8 OF COUNSEL Dear Betty: Kevin M Fox Kelly E Kinirons Karen A Hoeg With respect to the referenced Application, enclosed lease find a certified Patricia J Russell p pp p Jennifer P.Nigro ♦ copy of the recorded Declaration of Covenants for your records. We will retain a copy in our file. :• N V$LA BARS t LL M IN TAXATION ♦ NV$NJ BARS If you have any questions or require anything further regarding this matter, O NV NJ$PA BARS please feel free to contact me. Thank you for your assistance. Main Office 33 West second St. est regards, P.O. Box 9398 Riverhead, NY 11901 631.727.2180 sufPolklaw.com Marti,' Finnegan MDF/lk Enclosure cc: Bill Duffy, Town Attorney i o ,' z• CC# : C19-22162 •4,Q I`��a`.. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 05/13/2019 under Liber D00013011 and Page 839 and, that the same is a true copy thereof, and of the whole of such original. L In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/13/2019 SUFFOLK COUNTY� CLERK' < ;7— JUDITH A.PASCALE- SEAL I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/13/2019 Number of Pages: 4 At: 02 :53 : 00 PM Receipt Number : 19-0092759 LIBER: D00013011 PAGE : 839 District: Section: Block: Lot: 1000 006. 00 06 .00 020 .008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 . 00 NO RPT $200 .00 NO Fees Paid $265 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County t 2 Number of pages G I;FCI"IRCrFC 2019 IN.ag '11---, 02--b",,.00 PH T1.DU[i A. P ASCALE This document will be public I_LERIK CIF record. Please remove all SU F FOLI•= +C llT i'I Social Security Numbers L C000 _'u J prior to recording. Deed/Mortgage Instrument Deed J Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee '57-0 Mortgage Amt. Handling 20. 00 1.Basic Tax TP-584 2. Additional Tax SubTotal Notation Spec./Assit. EA-52 17(County) or Spec./Add. Sub Total EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Comm.of Ed. 5. 00 4p Held forAppointment • Transfer Tax Affidavit +p 1�+ Mansion Tax Certified,Copy`i The 'y property covered by this mortgage is or will,be improved by a one or two NYS Surcharge 15. 00 \ family dwelling only. Sub Total . Other YES i or-NO , Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 Dist. 101 3867062 1000 00600 0600 020008 3 5 Community Preservation Fund Real Property T Tax Service R LPA A I�ul�u Wll8lllldl�l Consideration Amount$ 0.00 Agency Verification O7-MAY-1 CPF Tax Due $ 0.00 6 Satisfactions/Discharges Releases List Propperty Owners Mailing Address Improved R�CORD&RETURN TO: Martin D. Finnegan, Esq. Vacant Land Twomey, Latham, Shea, Kelley, et al. P.O. BOX 9398 TD Riverhead, NY 11901-9398 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 Title Company Information www.suffolkcountyny.gov/clerk Co.Name Title# 8 Suffolk County Recording & Endorsement Page g This page forms part of the attached DECLARATION OF COVENANTS by. (SPECIFYTYPE OF INSTRUMENT) made Fishers Island Utility Company,Inc.,Declarant The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD Town of Southold In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ove'rj t , i I DECLARATION OF COVENANTS THIS DECLARATION made this � ay of �' , 019, by the Fishers Island Utility Company, Inc., with its principal place of business located at 161 Oriental Avenue, P.O. Box 604, Fishers Island,New York 06390,hereinafter referred to as "DECLARANT": WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property located on the northwest corner of Central and Crescent Avenues, Fishers Island, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 6, Block 6, Lot 20.8 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto,hereinafter referred to as the "Property"; and WHEREAS, the Property consists of a 1.28 acre (55,757 sq. ft.) parcel within the R-80 (Residential)Zoning District; and WHEREAS, the DECLARANT made Application to the Town Board of the Town of Southold ("Town Board") which sought a change of zone to the Hamlet Density Zoning District to permit the construction of a two-family dwelling on the Property for year-round use by employees of the DECLARANT; and WHEREAS, as a condition of the granting of the change of zone to Hamlet Density, the Town Board has required the DECLARANT to covenant that the use of any multi-family construction on the Property be limited to year-round occupancy. NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: 1) Upon construction of a multi-family dwelling on the Property, each such dwelling unit shall be used and occupied only by a full-time, year-round resident of Fishers Island. 2) This covenant shall run with the land and shall be binding on the DECLARANT, fi e, their heirs, assigns, purchasers, or successors in interest and may only be modified after a public hearing and upon resolution of the Town Board. IN WITNESS WHEREOF, DECLARANT has duly executed this instrument this-d y of,A ,2019. Fishers Island Utility Yompany,Inc. (J. hristopher Finan,President STATE OF NEW YORK) = " ss.: COUNTY OF SUFFOLK) On the,jday of , in the year 2019,before me the undersigned, personally appeared J. Christopher Finan, personally known to me or proved to me on the basis of satisfactory-evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. / o Publi lt/662zz.5 b.S 2 t SCHEDULE A ALL THAT CERTAIN plot, piece or parcel of land located at Fishers Island in the Town of Southold,County of Suffolk,State of New York, being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue,said merestone being located 1,488.17 feet West of a point which is 3,538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS"and thence running North 71°27' 10" West 155.00 feet along said Northeasterly line of Central Avenue to a monument; THENCE North 140 31' 20" East 324.82 feet to a point; THENCE North,820 40'00" East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; THENCE South 140 31' 20"West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point or place of BEGINNING. Subject property consists of 55,757 square feet= 1.28 acres. SCTM#1000-6-6-20.8 Southold Town Board - Letter Board Meeting of March 12, 2019 RESOLUTION 2019-224 Item# 5.8 TABLED DOC ID: 15000 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-224 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 12, 2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled"A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density); and WHEREAS, on February 15.2018, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 26, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density) and be it further " which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as S&M#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density). Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Generated March 13, 2019 Page 18 Southold Town Board - Letter Board Meeting of March 12, 2019 Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM 1000-6-6- 20.8, from R-80 (Residential) to HD (Hamlet Density).. The property is located at Crescent Avenue, Fishers Island,New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 3/26/2019 4:30 PM MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated March 13, 2019 Page 19 Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, March 13, 2019 2:16 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill;Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland; Norklun, Stacey Cc: 'Martin Finnegan' Subject: FW: [SPAM] -Zoning change on Fishers Island Attachments: To Whom It May Concern.d6cx FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Alexander Williams [mailto:alex9888C&gmail.com] Sent: Tuesday, March 12, 2019 1:46 PM To: Neville, Elizabeth Subject: [SPAM] - Zoning change on Fishers Island Here is my letter for the Town board meeting. Kind regards, Alexander Williams i . t To Whom It May Concern: As the previous renter to the Briar Patch, I felt inclined to write a letter on the matter of changing zoning for the property, and I oppose the action. My operations at the Briar Patch included stacking my sawmilled lumber, split firewood and upkeep of the property. If this next statement is of any bearing in final decision, the property was rented to me by the utility company and most definitely not in a legal manner according to zoning. I thoroughly enjoyed my time spent there and cannot complain about the naysayers about my business there. I installed bat boxes in the trees to give shelter to the bats,watched dozens of bunnies roaming through the grasses, and planted wildflowers to add to the charm. Being in the center of town was appealing and a high traffic location so everyone stopped by. I personally believe that people in power on this island are going about housing all wrong. The fact of the matter is, there is plenty of housing on Fishers Island,but nobody wants to give it up. The entire island consists of houses! Slowly but surely, summer people are buying them all up, and rightfully so. Anyone who is selling his or her house has to consider the highest bidder and generally that is not a year round resident. If we want to get people to move here,we need to create jobs and increase wages. This is something that the island resists. Everybody that vacations here wants to keep the island low key, non-commercialized, and not like Block or Nantucket. Unfortunately, that means residents suffer. My co-worker, Fishers Island born and raised, stated that there were 500 plus people living here when he was in high school. What happened to their houses? If you were to poll the workers that ride the ferries back and forth everyday, most of them say they don't want to live here. Understood that the F.I. Utility Company needs people here 24/7 for emergency purposes,but they could also buy several boats to ferry workers for the price that they want to spend on a new housing project, and make use of a dock they already own. They could sell the Briar Patch or any of their other properties to cover rate increases, and spend money a little smarter. They also could banish ridiculous policies such as resident vs. seasonal rates that cause summer people leaving lights on all winter so that they can fall into the resident bracket. There is no good faith in the utility company amongst residents here, and maybe one day they can restore that. Kind regards, Alexander Williams s' Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, March 08, 2019 3:30 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey Subject: FW: Briar Patch FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1 179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cell 631 466-6064 From: Tom O'Neil [mailto:mail @charlesthomasoneil.com] Sent: Friday, March 08, 2019 3:20 PM To: Neville, Elizabeth Cc: Louisa Evans Subject: Briar Patch To: Elizabeth Neville, Town Clerk, Southold Dear Ms . Neville, On behalf of the Island Community Board, I am writing to request that the Town Board postpone its vote on .the zoning change application submitted by the Fishers Island Utility Company. Given the objections to the application recently raised in numerous letters from Islanders, we plan on facilitating a question and answer period with a board member of the Utility Company at our next monthly meeting, March 12 . We believe that this additional opportunity for communication about the "Briar Patch" property is in the best interest of the utility company and the Island. Postponing a vote until after your next meeting will help us in this process . Kindly confirm receipt of this email . Thank you for your consideration. Sincerely, i `r Tom O'Neil President, Island Community Board Tom O'Neil PO BOX 201 Stockbridge MA 01262 (413) 298-4199 www.charlesthomasoncil.com i Fishers Island Utility Company, Inc. 161 Oriental Ave #604 Fishers Island �' NE ` New York 06390 "°� �,, 631/788-7251 Fax 631/788-7798 M A R 8 2019 J.Christopher Finan President Southold Ts"raffn Clerk Southold Town Board c/o Elizabeth Neville, Town Clerk Southold Town Hall ' 53095 Main Road Southold,New York 11971 March 6 , 2019 Re: Petition for Change of Zoning of the "Briar Patch" Suffolk County Tax Map as Lot#1000-6-6-20.8 From R-80 (Residential) to HD (Hamlet Density) Dear Supervisor Russell and Members of the Town Board, I am writing to address the various comments submitted for the record following the public hearing of the Fishers Island Utility Company's Change of Zone application that took place on February 26, 2019. Those who commented expressed concerns about the necessity of workforce housing,the cost, the suitability of the Briar Patch parcel and the need for a year-round housing covenant. I will address each concern in turn below: • The need: Everyone, including those who have challenged the petition, recognizes that we need more housing on Fishers Island for year-round residents. The need is particularly acute for utility professionals given the importance of 24/7 coverage for electric, water and telecommunications services as a matter of community health and safety. We have been chronically under-staffed as a result of inadequate housing; the problem will get worse as older employees who own their housing retire and we cannot house their replacements. Reliance on off-island staff is unrealistic given the challenges of commuting to the island at off-hours, in severe weather or on emergency short notice. Off-island employees who spend several nights a week on-island in shared housing involve more cost, do not engage in the island community and lack the stabilizing influence of family and friends on-island. • No better options: Of course, we would rather not have to invest in housing for our employees. Unfortunately, Walsh Park, the non-profit that provides subsidized year-round housing, has no surplus inventory and has a waiting list; it is not in a position to guarantee housing for utility employees. Alternatively, on our small island houses are scarce and expensive for either us or our employees to buy or rent year-round. Many require large investments to make them habitable in winter. Such investments would be difficult to justify to utility ratepayers or our regulator, the New York State Public Service Commission, when a more cost-effective option is available. 1 Fishers Island Utility Company, Inc. 161 Oriental Ave #604 Fishers Island. New York 06390 631/788-7251 Fax 631/788-7798 . J.Christopher Finan President The most cost-effective way for us to ensure we have suitable housing for our employees is to build our own houses on Pots that we already own. This will allow us to avoid the cost of purchasing land and will save on building and operating costs by using pre-fabricated, energy efficient construction techniques. Fortunately, we own the Briar Patch, which is ideally located on the West End of the island, close to all of the amenities important to the year-round community. We own only one other lot that could accommodate multi-family housing but we are deferring further consideration of options there pending the outcome of Briar Patch project. • Two-family is more cost-effective: Under current zoning, we could build a large single- family house on the Briar Patch. However, a change to hamlet density (HD) zoning would allow us to build a two-family house, within the same footprint, that would be,significantly more cost-effective to build and maintain. The Briar Patch can accommodate such a house, fully compliant with applicable building, health and environmental regulations. For example,the structure would have only two stories, off-street parking, code-compliant septic and drainage systems and proper setbacks from the street and adjacent wetlands. • Prioritizing year-round housing: As,stated in our presentation at the public hearing, the Fishers Island Utility Company would welcome an HD change of zoning that is conditioned on adding a covenant to the deed for the Briar Patch restricting occupancy of the two-family house to year-round residents of Fishers Island. This is totally consistent with our goal of housing year-round employees and their families. It also addresses a concern in the community that we not open the door to the creation of multi-family housing for vacationers and seasonal second homeowners. I believe that the other relevant comments and concerns that have been raised regarding our petition were addressed by the Town Planning Board in their report. I greatly appreciate the responsiveness and consideration we have received from members of the Town Board and the Town Planning Board as we have pursued this vital housing initiative. Please do not hesitate to contact me if you have any further questions or concerns. Sincerely yours, ,&i� inaxc J.'Christopher Finan, President ' 2 Fishers Island Utility Company, Inc. 161 Oriental Ave #604 Fishers Island New York 06390 631/788-7251 Fax 631/788-7798 J.Christopher Finan President VIA EMAIL TO: e.nevillentown.southold.n .esus Cc: Ms. Jane Ahrens, Editor, FishersIsland.net and Fog Horn Newsletter, Fishers Island Via email to: info nfishersisland.net 3 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, March 08, 2019 12:37 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Subject: FW: FIUC - Change of Zone Attachments: Briar Patch final letter.docx FYI Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics , Records Management Officer;FOIL,Officer Marriage Officer YO Box 1179 Southold,NY 11971 Tel.631 765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Martin Finnegan [mailto:mfinnegan@suffolklaw.com] Sent: Friday, March 08, 2019 10:02 AM To: Neville, Eli2abeth Cc: Lynne Krauza Subject: FIUC- Change of Zone Good morning Betty, Please include the attached letter,from the FIUC addressing the various comments submitted since the-public hearing in the record of this proceeding. Have a great weekend. Martin D.Finnegan,Esq. Twomey,Latham, Shea,Kelley,Dubin&Quartararo,LLP 33 West Second Street,P.O.Box 9398,Riverhead,NY 11901 T 631.727.2180 x 265 ififinneLy,an@suffolklaw.com www.suffolklaw.com CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby notified that any dissemination,distribution or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain,copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank-you. r Neville, Elizabeth From: gg <rohomagoss@gmail.com> Sent: Saturday, March 02, 2019 2:22 PM To: Neville, Elizabeth Subject: [SPAM] - Fishers Island- rezoning request by FI Utility Company Attachments: FIUC_ReZoning_19-03-01.pdf Dear Ms.Neville- Please see my attached letter regarding the Fishers Island Utility Company's re zoning request. Thank You- Gerrit Goss 1 March 1, 2019 Ms. Elizabeth Neville Town Clerk and Registrar of Vital Statistics 53095 Route 25 PO Box 1179 Southold, NY 11971 Via: Email e.neville(c,)town.southold.n RE: Fishers Island Utility Company's Request for Rezoning the 'Briar patch'. Dear Ms. Neville- As a lifelong seasonal resident of Fishers Island, a neighbor to the Briar Patch parcel in question, and a former member of the board of the Fishers Island Conservancy(https://ficonservancy.org ), I am writing to express my concerns regarding the Fishers Island Utility Company's (www.fiuc.net ) request to re zone the Briar Patch from R-80 (residential)to HD (Hamlet Density). What makes Fishers Island so special is the amount of open, undeveloped space in the heart of one of the most intensely populated and developed corners of the country-the 1-95" corridor between Washington, D.C. and Boston. Despite the relatively close proximity to major metropolitan centers such as New York, New Haven, and Boston, Fishers has become a critical stop for migrating birds, a habitat for rarely seen/elusive animals such as the River Otter, home to one of the largest native grassland restoration projects in the northeast, and one of the few locations in Long Island Sound with thriving seagrass meadows. The health of the Fishers Island environment has positive impacts far beyond its shores, and it is critical we do what we can to preserve and enhance the island's role as a sanctuary. I am a landscape architect by profession. I am a LEED certified designer(Leadership in Energy and Environmental Design),which is a designation of the U.S. Green Building Council (www.USGBC.org )to identify a designer's proficiency in 'green', or environmentally sensitive, projects. One of the important lessons LEED designers learn is that greenfield development-development on undeveloped or agricultural land-is the least environmentally sensitive and least desirable type of development. Undeveloped land is a finite resource, and once a greenfield site is built upon, its role within the surrounding environment changes-negatively-forever. Rather, adaptive re use and renovation projects are much more sustainable and, I believe, a better fit for our small island community. Though there has been little information made available to the community by the FIUC, it is my understanding they intend to develop the Briar Patch as a lower cost housing option for their employees. I am very aware of the need, as I know others are,too; organizations such as Wash Park Benevolent Corporation (www.walshpark.org)have been working to provide affordable housing to island residents for the last 30 years. I support Walsh Park because theirs is the business of providing housing for year-round Island residents. But the business of the FIUC is providing water,telephone,and power service forthe island, and the skeptic in me has little confidence that they should be undertaking there zoning and development of a highly visible and highly central former agricultural site for development to Hamlet Density. 7 l , I do not oppose all development. I know there are times when greenfield development is unavoidable. But before this particular greenfield site is re zoned for higher density development, I would like to be assured that the FIUC has undergone a thorough due diligence process to understand A)the environmental impact of their request, B)the aesthetic impact of Hamlet Density within a residential zone on a site that has been open space for the community for a generation,at least, and C) how their , need for affordable employee housing may align with the same need of other island organizations and businesses,and if, within this small community,we might mount a more coordinated and unified approach to seeking a solution, especially a solution that may involve redevelopment/renovation of one of the empty and abandoned buildings that exist in the Fort area. 'If FIUC is allowed to re zone this— greenfield parcel, a precedent is set to allow other stakeholders seeking affordable housing to do the same, and soon the residential fabric of the community is altered and, as importantly,the natural environment is affected permanently. Thank you for your consideration and your efforts to solicit input before moving forward. Regards, Gerrit Goss' RECEIVED MAR 2 2019 March 1, 2019 S®uth®Id Town Verh Ms.-Elizabeth Neville Town Clerk and Registrar of Vital Statistics 53095 Route 25 PO Box 1179 Southold, NY 11971 Via: Email e.neville@town.southold.ny.us town.southold.ny.us RE: Fishers-Island Utility Company's Request for Rezoning the'Briar patch'. Dear Ms. Neville- As a lifelong seasonal resident of Fishers Island, a neighbor to the Briar Patch parcel in question, and a former member of the board of the Fishers Island Conservancy(https://ficonservancy.org), I am writing to express my concerns regarding the Fishers Island Utility Company's (www.fiuc.net ) request to re zone the Briar Patch from R-80(residential)to HD (Hamlet Density). What makes Fishers Island so special is the amount of open, undeveloped space in the heart of one of the most intensely populated and developed corners of the country-the 1-95" corridor between Washington, D.C. and Boston. Despite the relatively close proximity to major metropolitan cen'te'rs such as New York, New Haven, and Boston, Fishers has become acritical stop for migrating birds, a habitat for rarely seen/elusive animals such'as the River Otter, home to one of the largest native grassland restoration projects in,the northeast, and one of the few locations in Long Island Sound with thriving sea-grass meadows. The health of the Fishers Island environment has positive impacts far beyond its shores,and it is critical we do what we can to preserve and enhance the island's role as a sanctuary. I am a landscape architect by profession. I am a LE,,ED certified designer(Leadership in Energy and Environmental Design),.which is a designation of the U.S. Green Building Council (Www.USGBC.org )to identify a designer's proficiency in 'green', or environmentally sensitive, projects. One'of the important lessons LEED designers learn is that greenfield development-development on undeveloped or agricultural land-is the least environmentally sensitive and least desirable type of development. Undeveloped land is a finite resource,and once a greenfield site is built upon, its role within the surrounding environment changes- negatively-forever. Rather,adaptive re use and renovation projects are much more sustainable and, I believe, a better fit for our small island community. Though there has been little information made available to the community by the FIUC, it is my understanding they intend to develop the Briar Patch as a lower cost housing option for their employees. 'I am very aware of the need, as I know others are,too; organizations such as Wash Park Benevolent Corporation (www.waishpark,.org)have been working to provide affordable housing to I t � , island residents for the last 30 years. I support Walsh Park because theirs is the business of providing housing for year-round Island residents. But the business of the FIUC is providing water,telephone,and power service for the island, and the skeptic in me has little confidence that they should be undertaking the re zoning and development of a highly visible and highly central former agricultural site for development to Hamlet Density. I do not oppose all development. I know there are times when greenfield development is unavoidable. But before this particular greenfield site is re zoned for higher density development, I would like to be assured that the FIUC has undergone a thorough due diligence process to understand A)the environmental impact of their request, B)the aesthetic impact of Hamlet Density within a residential, zone on a site that has been open space for the community for a generation, at least, and C) how their need for affordable employee housing may align with the same need of other island organizations and businesses, and if,within this small community,we might mount a more coordinated and unified approach to seeking a solution,especially'a solution that may involve redevelopment/renovation of one of,the empty and abandoned`buildings thatexist in the Fort area. If FIUC is allowed to re zone this greenfield parcel, a'precedent is set to allow other stakeholders seeking affordable-housing to do the same, and soon the residential fabric of the community is altered and, as importantly,the natural environment is affected permanently. Thank you for your consideration and your efforts to solicit input before moving forward. Regards, Gerrit Goss Neville, Elizabeth From: gg <rohomagoss@gmail.com> Sent: Saturday, March 02, 2019 2:22 PM To: Neville, Elizabeth Subject: [SPAM] - Fishers Island- rezoning request by FI Utility Company Attachments: FIUC_ReZoning_19-03-Ol.pdf Dear Ms.Neville- Please see my attached letter regarding the Fishers Island Utility Company's re zoning request. Thank You- Gerrit Goss 1 d Neville, Elizabeth From: Neville, Elizabeth Sent: Saturday, March 02, 2019 6:28 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Lauren Standish; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland Cc: 'Martin Finnegan' Subject: FW: [SPAM] - Fishers Island- rezoning request by FI Utility Company Attachments: FIUC_ReZoning_19-03-01.pdf FYI Mizabeth A. Neville, MMC _ Southold Town Clerk, Registrar of Vital Statistics ` Records Management Officer; FOIL Officer Marriage Officer kdq a'< i• PO Box 1179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 - Cell 631466-6064 From: gg [mailto:rohomagoss gmail.com] Sent: Saturday, March 02, 2019 2:22 PM To: Neville, Elizabeth Subject: [SPAM] - Fishers Island- rezoning request by FI Utility Company Dear Ms.Neville- Please see my attached letter regarding the Fishers Island Utility Company's re zoning request. Thank You- Gerrit Goss i MAR 2 2019 Southold Town Clerk Neville, Elizabeth From: Jim Rutherfurd <jprutherfurd@gmail.com> Sent: Saturday, March 02, 2019 12:50 PM To: Neville, Elizabeth Subject: [SPAM] - Fishers Island: Resolution 2018-1078 I understand that by umanimously adopting Resolution 2018-1078,the Southold Town Board has begun the process to determine whether or not to grant a change of zone designation, in the property commonly known on Island as the Briar Patch and formally identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density) 1 Strongly support the change to Hamlet Density. I am a property owner on Fishers Island. My properly is located at 850 Clay Point Road on Fishers Island. Before owning this property and building a house there,my family owned a house approximately 200-300 yards from the 'Briar Patch"property. I know the property and the surrounding area well. I Firmly believe that having a multiple occupancy dwelling there will not be a material change in the character of the neighborhood and in no way would cause disturbance to the neighbors. More importantly the ability to change the designation will allow for much needed housing for utility workers, who presence on the Island is essential for the safety and the well being of all of the Island residents. Regards, James Rutherfurd (917) 328-9464 i Neville, Elizabeth From: Jim <bakerj428@gmail.com> Sent: Saturday, March 02, 2019 9:28 AM To: Neville, Elizabeth Cc: Jim Subject: [SPAM] - Briar Patch Rezoning Dear Elizabeth Neville, My name is Jim Baker, and I was raised on Fishers Island and I am currently a board member of the Fishers Island Utility Company. The year round community is one of the most important aspects of Fishers Island and the need for affordable housing is a huge understatement. When I lived and went to school on Fishers Island in the 70's,the year round population was in the 500+range with over 100 students in the local school system. The population has been more than cut in half and the'sch'ool can not sustain itself without having students commute on the ferry every day from the , Connecticut shoreline. There is rarely and perfect location for multi unit housing anywhere, but the Utility company,(where my dad worked for over_40 years) must have people living and working on Fishers Island inorder to provide proper service to the island.The Utility Company was very generous when it provided a plot of land(next to Briar Patch)for the current medical facility on the island and no doubt this facility has,been incredible to the island community. As a board member of the Fishers Island Utility Company, I will assure you and the island community that we will do everything possible to address the concerns brought up in the letters to you and the t'own.(all very good concerns and thoughts) This zoning request is not just a need'of the Fishers Island Utility Co. but a need for the entire Fishers Island Community.Thanks for your consideration and we will all work together to ensure this housing is a benefit to all, including those people living in close proximity to this property. Thank you Jim Baker - Utility Board Member, Island Property Owner and 60+years of Fishers Island being part of my life Neville, Elizabeth From: Denise Fohlmeister <defohlmeister@mac.com> Sent: Friday, March 01, 2019'1:03 PM To: Neville, Elizabeth Subject: [SPAM] - Fishers Island Briar Patch Zoning Town Clerk of Southold regarding the Fishers Island Utility Company's (FIUC) request to change the`Briar Patch's" .zoning from an R-80 to HD (Hamlet Density). 3/1/2019 To whom it may concern: My name is Denise Edwards-Fohlmeister, who, along with Deborah Edwards, owns Sonny's Place on the corner of Central and Crescent Avenues,kitty corner from the baseball field and across the street from the Briar Patch. We would be one of the,nearest neighbors. We are opposed to this re-zoning. Despite my efforts, a number of years ago, asking the Utility Company to address issues concerning the upkeep of our neighboring house and the numerous company trucks in the backyard, nothing happened. They did not bother to even answer the letter. We eventually planted a row of trees to block out their unsightly backyard. It is doubtful they would bother to careTor the upkeep of a future apartment/townhouse complex in any better manner than they do the numerous existing properties they already own today. (Witness the"abandoned" property across from Dock Beach). Should the apartment complex be built, would it only be for employees of _. the utility company? Another point of concern would be the historical and archeological importance of the existing area. There was a lecture a number of years ago about this topic at the community center on Fishers Island. It seems the original early inhabitants first lived in this part of the island. Has this topic been addressed? When the zoning laws are relaxed to allow more properties being built on'less land, you open the door`to more development that Will start a process that cannot be reversed and, in my opinion, will eventually change the character of Fishers Island with far reaching consequences for the future. Many thanks for your attention, Your sincerely, Denise Edwards-Fohlmeister 2 r - SOUTHOLD TOWN BOARD PUBLIC HEARING February 26, 2019 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 5:03 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the Change,of Zone application of the Fishers Island Utility Company, Inc. on the property identified as Briar Patch located at the west end of Fishers Island at the corner of Central and Crescent Avenues, Fishers Island,New York, SCTM# 1000-6.-6-' 20.8 from R-80 (Residential)to HD (Hamlet Density); and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on the,26th day of February,2019 at 4:31 P.M. at the Southold Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times and the New London Day newspapers not less than ten(10) days nor more than thirty (3 0) days prior to such hearing, on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property identified on the Suffolk County Tax Map as Lot#1000-6.-6-20.8 from R-80 (Residential)to HD )Hamlet Density) all that certain tract,plot, piece or parcel of land, lying, being and situated at Fishers Island, Town of Southold, County of Suffolk and State of New York and more particularly being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue, said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station"PROS" and thence running North 71 degrees 27 minutes 10 seconds West 155.00 feet along said Northeasterly line of Central Avenue to a monument; thence North 14 degrees 31 minutes 20 seconds East 324.82 feet to a point; thence North 82 degrees 40 minutes 00 seconds East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; thence South 14 degrees 31 minutes 20 seconds West 397.72,feet along said T • Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 2 Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. I have a copy of a notarized affidavit that this was noticed on the Town Clerk's bulletin board and noticed on the Town's website and I believe that's it. I do have copies where all the neighbors were notified by certified mail, I have those receipts here. I do have a copy of the legal notice in the New London Day. An affidavit that this was published in the Suffolk Times. This is a letter from Suffolk County Planning, that a decision of local determination should not be construed as either approval or disapproval and that the county planning commission considers this to be a matter of local determination. This is a letter of opposition from Deborah Edwards, which I will read into the, it is an email, I will just read the comment here, `I am Debbie Edwards and my sister Denise Fohlmeister and I own Sonny's Place on the corner; of Central and Crescent Avenues, as we cannot make the meeting on Tuesday, we would like to express our objection to the zoning change proposed by FIUC to the Briar Patch on Fishers Island. While we understand the need for affordable housing on Fishers Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach, they are not the best of neighbors and we believe affect our property values are affected due to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the'fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution.' Another letter that we received, I will read in the record. `I am writing in support of the application of the Fishers Island Utility Company for a zoning change on the lot known locally as the Briar Patch. By way of background, I serve on the Island Community Board, and as a year-round representative I am keenly interested in maintaining Island unity as we solve community issues. With the proposal of the Utility Company I have learned that members of'the community will miss having this attractive, open space in a central location. However, I stand in favor of their application given the Utility Company's urgent need for multiple dwelling units for future on-island employees in order to ensure coverage in event of an emergency. I request that with the zoning change approval there is put in place a firm understanding about the need for the Utility Company to fully engage the opinion of the community of Fishers Island, including full discussion with the Island Community Board, as decisions are made for the development of the lot. Given prior comments by the Utility Company it seems a collaborative approach is their intention. Specifically, areas for community buy-in include 1. The way the Utility Company funds the construction of the building 2. The design, placement and maintenance of the structure 3. Close consideration of environmental issues as the land is developed 4. A plan for the use of this multi-dwelling structure on the off chance there comes a time when it does not house Utility employees 5. Selection of the lots owned by the Utility Company that are next slated for development. As this project is potentially divisive for our Island, agreement around the above issues would help quell opposition and help establish good will between the Utility Company, our community and other interested parties. I strongly urge you to approve the application with the condition that the Utility Company implement decisions that have broad agreement to ensure Fishers Island Utility Company Change of Zone-Public Hearing February 26, 2019 page 3 the best result for our Island and all involved. I appreciate your consideration of this letter. Sincerely, Reverend Candace Whitman, Fishers Island Union Chapel' JUSTICE EVANS: Can I just ask a question, are you going to read your letter or do you want him to read it out loud? JESSICA DOYLE: That's up to you, I mean, I am happy to, that's up to you. I am happy to read it, I want to be respectful of your time and it's kind of a hefty document because I did a lot of research. COUNCILMAN GHOSIO: Well, by me not reading it; it gives you an opportunity to summarize it. MS. DOYLE: Well said. COUNCILMAN GIIOSIO: And lastly, I have a letter here that I will read, it's a short one. I am writing to let you know my concerns over the rezoning of the Briar Patch property on Fishers Island, SCTM # 1000-6-6-20.8 from R-80 to HD. The FIUC is seeking the change to build housing for its working staff. While I am very cognizant of the need for affordable housing on Fishers` Island, I also know that there are other existing properties on the island that could be renovated, rather than seeking out a zoning change in a high traffic recreational area across from the island's popular baseball diamond that is also environmentally sensitive (a wetlands abuts the property) in order to build a multiple family dwelling. Furthermore, the Utility Company is not in the business of housing development and I am concerned that they will not properly maintain the property in this high visibility area on the island. The false promises made by the Utility Company in regards to the installation of a diesel generator less than half a mile from this area where they are seeking a zoning change gives me more reason to be .concerned. With an agreement with the Groton Utility Company, the FIUC installed a large capacity and noisy and smelly diesel gas generator adjacent to another island recreation spot, Dock Beach. When the generator was installed the neighborhood property owners, of which I am one, were promised that tree plantings would be put in and that the generator wouldn't be noticed for its noise and it would not impact the neighborhood. None of these,promises were�kept. In addition, it is highly concerning to me that the Utility Company now has its sights set on building additional housing when they already own existing housing in the neighborhood that appears poorly maintained. And to close, it seems to me the FIUC should be working more closely with the island group, the Walsh Park Benevolent Corporation, whose business it is to develop and maintain affordable housing on the island, rather than get into the business of housing development themselves. Thank you for your consideration, Genie McPherson Trevor' ,1 think that's it. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular hearing? I would just like to remind people to state their name and their hamlet for the record. JESSICA DOYLE: My name is Jessica Doyle and I am a part-time resident of Fishers Island. I guess the hamlet is Fishers Island. So I want to make clear that, first of all I want to thank you because it's really nice for us, people who care a lot about the island, and secondly, I would like to acknowledge the Utility Company, their president Chris Finan and his desires to create more Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 4 housing to bring people to the island. I think it's a completely valid effort and we are all behind this. In fact there was a huge study done, island wide study done with Yale University School of Architecture, they spent a year maybe two years studying ways to come up with a way to make more housing for people so they could move to Fishers. Because we have a dwindling winter population. And without a proper, healthy population, the island can't survive. So it's totally valid to want to create housing and find housing and make housing and this kind of thing. So, I wrote to the Town Clerk of Southold and all of you. `My name is Jessica Doyle, I am the president of an organization called Island People's Project (IPP). IPP is an organization devoted to Fishers Island's year round population and summer residents. IPP sponsors community events throughout the year, such as the July 4th Fife and Drum Parade and provides the Island's only summer day camp program which is open to full-time residents and summer people and that's important because a lot of summer people only use the clubs as opposed to, so it's an integrational entity. And additionally, we manage the island's public harbor beach. We have a lifeguard, chairs, tables, picnic tables, umbrellas plus we own the baseball field which is next door to the Briar Patch that the Utility Company would like to develop. So as president IPP, I have broad concerns with the FIUC's request to rezone the Briar Patch. While I agree with FIUC's idea that more housing is needed to encourage full-time residents to live on the island, the Briar Patch, comprised of 1.28 acres is a small plot of land located at one of the busiest intersections on the west end of the island. Though been portions of the Briar Patch have been utilized over time for farming, the lands use hasn't been conducted in an intense manner. It has remained untouched for literally thousands of years. In an effort to increase the year-round population, Fishers Island worked closely with Yale University to encourage people to move to the island. This in-depth study urges preserving the islands natural,habitat as a key factor to protecting the uniqueness of Fishers Island. And I include in my report links to all of the studies, if you want to go in and click and it will take you to the different studies. My concern with the zone change is that it opens the door for over-development of a small parcel that lies adjacent to significant freshwater wetlands. Has a NYS environmental study been done on the intensified use of the land? Additionally, what would that use do to the nearby natural habitat? With this type of development, has it been weighed against the natural capacity of the land, with respect to fresh water wetlands, significant natural communities, plus soil suitability? From the botanical standpoint, the island presents a considerable diversity of habitats. A total of nearly 700 plant species have been identified, wetlands are diverse, there are also at present 30 rare plants in the inventory. Located on the north side of the Briar Patch property, there is the presence of NYS freshwater wetlands that connect with a large freshwater swamp a little further to the east, plus a small freshwater kettle pond just north. Adjacent to the freshwater wetland is an important tree canopy that hosts foraging site for a number of bat species. The loss of tree canopy next to open wetlands has the potential to impact NYS's rare plants and animals, including the roosting habitat of these protected species. Which is very important, we must protect the bats. Furthermore, the development of private summer homes has been rapid and extensive. The effects on native fauna, flora and cultural resources have been considerable. If FIUC builds a two family dwelling on this small parcel of land, residents will need parking. Potentially an impermeable parking lot will be created. The surrounding natural habitats risk being disturbed from stormwater runoff. Which type of parking surface is planned? We don't know, because really we don't (inaudible). Fishers Island does not have an island-wide sewer system, all Fishers Island wastewater deposits into their respective nutrient loading from onsite wastewater disposal systems. Where does the water runoff go? The Briar Patch sits directly opposite the Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 5 baseball field where islanders come to play games, engage in massive sports activities and host large island-wide gatherings. So it's really an open space gathering spot, it's key. Adding a residence next to this public area would increase traffic and has the potential risk of injury to the residents. Would IPP be liable for any injury, noise complaints or property damage? That's a good question I think. Its location is at a main intersection of Fishers Island's west end. To the north is the islands only supermarket,just a little past the Briar Patch about a quarter of a mile up the road. Any time a person needs to buy milk they pass this intersection. Just off to the east is the yacht club marina where year-round and summer residents go every day for water activities. The majority of visitors coming to Fishers via boat dock at the yacht club marina and walk to town via this intersection. So you can see this is a heavy, all roads lead to this one spot. The baseball field is used in the case of medical emergencies and serves as a medevac helicopter landing pad. Additional traffic could impede ambulance access to the doctor's office which is right next door and/or the,islands Sea Stretcher boat ambulance which goes from the yacht club marina. To the west of the property is one of the tallest hills on the island. The hillside's fresh water runoff eventually connects to the wetland located on the northeast side of the property. Rainwater runoff travels through the Briar Patch's wetland and makes its way slightly north to the nearby freshwater kettle pond and swamp located on Madeline Avenue. The Madeline Avenue swamp hosts significant fauna and animal communities; the potential are there to be negatively impacted. Changing the Briar Patch's zoning has potential to alter the community's character. Historically, the community strives to protect its open landscape to allow for natural species to prosper. For example, the Barred Owl, none were,documented for over 40 years since 1943, until in 1983 a nest was found on a part of Suffolk County, Fishers Island. Although only four square miles in size and fragmentally developed, it apparently has enough mature forest and a suitable mix of wetlands ,in a protected greenbelt to support a nesting pair. Yale's research finds there are threats to Fishers Island's way of life.- Adverse, unplanned development on the island could significantly and irreversibly change the character and scale of the place. Yale's study also addresses the need to lower the cost of utilities, this is key, however, FIUC's building plans require Fishers Island residents to subsidize the costs of building the dwelling including its upkeep. Raising the utility rates of customers so"construction may commence is precisely contrary to Yale's recommendations. To encourage more full-time residents to live on Fishers Island, Yale suggests `assist home owners and business owners to reduce their energy bills by improving energy efficiency. Coordinate access to NYS energy efficiency improvement programs, including technical support, home energy assessments and grants and low interest loans. Make electric rates for year-round resident competitive with nearby Connecticut towns. Consider reducing current year-round rates by 20%. So these are two opposing. Instead of building housing on a small parcel of land, Yale recommends support the FIUC efforts to develop complete GIS mapping of the islands utilities to better understand the condition of and manage the islands water, electric and telecom distribution infrastructure. Which is also, I mean, that's a really good endeavor. It's important to ask what utility company do you know of that builds houses? That acts as a developer? When does a utility company shift from focusing'on the health,of electrical lines, water supply pipes and telephone services to endeavor building houses? Fishers Island has an organization,established exclusively to tackle this task of creating housing for people and it's called Walsh Park, whose sole mission is to create, build and establish housing for full-time residents. Perhaps FIUC could work with Walsh Park to create more housing. That would be great. Presently FIUC has 8 full-time resident employees, does FIUC have a list of future employees that it intends to house in this 2 family dwelling? We don't f Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 6 have any information. Additionally, FIUC owns a house just up the road,just one house past the woman who put in her dissenting vote ,Debbie Edwards, right next door to Debbie Edwards house, to the east of the Briar Patch. I mean, it's a great house. Potentially this property could house future employees? As opposed to modifying the natural habitat's land and altering the community's character, FIUC could focus its efforts on underutilized properties and there are quite a few of them, rather than intensification of use of the Briar Patch. Please let's slow this process down, take a good look at the environmentally responsible options while taking into account the finding of the Yale study with an eye towards the future. The Utility Company's leaders will come and go, but this zone change will leave a lasting impact on the island and the community. As a little aside, this is just a side note, but I think it's important to include this so you have a picture of what these entities are and how they function, it is disappointing that in 2019 not one woman is a member of FIUC's board of directors, not one. I ask of you, the Town of Southold, to please hold off granting FIUC's 'request to rezone the Briar Patch while alternatives are explored. Thank you. Sincerely yours, Jessica Doyle. And I have included in this a map which I think illustrates the wetlands really well. I am just going to hold it up, okay, this is the patch they want to develop, so I just want you to be aware, this is one of the highest hills on the island. All,the water runoff comes down here behind, drains to the back of where they want to develop. This is the kettle hall that is freshwater and this is the massive freshwater swamp. So it comes down the hill, into the back, this is the Briar Patch where they want to develop, here is the ballfield by the way. The marina down here, comes down into here and over into here, into the swamp'and out to the sea. Really swampy, wet lovely. Thank you so much for giving me the time. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this local law? ELIZABETH CASHEL: Hello, thank you for your time. My husband and I, Tom Cashel, own a house at 1052 Central Avenue. That would be three houses down from the proposed development of the housing or the Briar Patch. We are here today because we are concerned about this rezone and we also have some questions. As a local community member and homeowners, we will be directly affected by this change. We have questions and concerns regarding this rezoning of Briar Patch to hamlet density. Which from what I understand allows for what amounts to multi-family development in (inaudible) by the FIUC that we do not know. As we have (inaudible) a request to understand this development either at the ICB community meetings and but yet there's been no clarification to my knowledge certainly to myself and to my husband on the future of this development. Additionally, at one such meeting we did hear that Mr. Finan, who is the president of the FIUC as you know, (inaudible) about the rezoning of the property from residential to hamlet could well be a way forward in solving Fishers Islands workforce housing issues. Thus, this decision will also be setting a precedent that will impact Fishers Island community for years to come. But first it really is imperative that all' of us understand and (inaudible), people like to talk about affordable housing on Fishers Island but in doing so they are using the legal definition per Federal,New York State or Town laws but really they are talking about housing available to year round Fishers Island residents. We strongly support the development of housing on Fishers Island for year round residents. And again, I want to make that clear, very clear, that my husband and I and many of us that are speaking today strongly support development of housing on Fishers Island for year round residents. But Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 7 we all believe that it is right and in the community's interest for the town to make concessions to allow development of housing for year round residents but only to the extent there is absolute assurance this is how the rezoned property is going to be used. In this proposed rezoning request, the town is considering granting a for profit company the right to develop and manage a property as the company deems fit, within the hamlet density rules obviously. Once this rezoning is approved, this property may or may not be used for the purposes being discussed to day. As far as we understand, the situation there, the exists no binding assurances that the use of these properties will be solely to house year round residents, as opposed to being released to be a sale, rent or enter the general housing stock on the island. As such, we question how the best interest of the community is served by developing hamlet density properties when there is plenty of single family land available, including in the utility company's land bank, as well as land in the LB area on the island. If granted this rezoning proposal, we think this will set a precarious precedent. What sets this rezoning and development apart from a request from myself or my neighbor, to do the same to our properties? Would our non-binding verbal assurance of fiduciary interest in the island's well-being be any less convincing than the FIUC's? Is the FIUC offering any kind of binding, easily enforceable assurance that these units will only be for year round resident housing? Are these assurances truly binding and survivable in bankruptcy, transfers or other eventualities such as change of control? Once the concession is granted by the town, will the town have any control over who occupies these properties going forward? is there a theoretical possibility that these homes are sold into the general housing stock or rented to summer residents? Could these units effectively become dorms for Fishers Island Utility company's shift workers? If any of these eventualities could arise, is this rezoning really in the community's best interest? We'd argue, this is why Walsh Park which Jessie spoke to you about, gets so much support from the island community. They received donations of land, buildings and cash to purchase, develop, manage a significant number of properties on the island for year rounders only. Inaudible....that assure perpetual availability to year rounders, in fact, the town is working with Walsh Park on six new units available for year rounders at the ferry terminal. And Walsh Park is always on the hunt for new opportunities. FIUC has an abundance of land where they have the right currently to develop single family homes, as was mentioned, there is a single family home two down from the Briar Patch, two down from us. They said at ICB meetings that rate payers will be charged for the construction of this project, so obviously, if they need housing for the workers, they have the land and financial capacity to create such housing. The real question is what's best for the community? We don't believe it's in the interest of the community to grant Fishers Island community any preferred treatment in this rezoning that you would not grant to any other landowner in the area. Unless FIUC is willing to provide binding, (inaudible) assurances that this property will only ever be used for year round housing. We feel this is the standard that needs to be applied in fairness to all parties. Finally, as Jessie spoke to, the Briar Patch is one of the busiest intersections on the island and across from a public recreational space, where many families and children congregate mine included and they grew up going there. It is also a busy route for children, traveling from Hay Harbor which is one of the recreation clubs on the island for many of the summer residents and the yacht club, so people are going from the yacht club to the baseball field, to the yacht club to the store, to the ice cream, we didn't mention the ice cream store. Inaudible. And so really there is a lot of traffic and children, my youngest went across, not looking properly I am sure on his bike and was almost run over. Just by chance, it was a Fishers Island Utility truck, (inaudible) but it is what happens in that area and the example was my own son. Also the dock beach is also the access to Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 8 the town (inaudible) so also I just wanted to point out that you have the town (inaudible) that you have the town's, so that is (inaudible) to some of,the private clubs, the baseball field, the town beach are the two public recreation spaces, so this interest is for the year rounders and all residents of the island. Now while we acknowledge and support the need, I can't say this enough, for more housing options on the island, we question the choice of.this specific location. ,Additionally, we are concerned, like others have mentioned, how the property will be managed and maintained and as spoken, the FIUC is not a property manager, they are a utility company. As many recall, the electric company made many assurances regarding the generator which is across from yet another town recreation spot, the town beach, and how they assured would be shielded by (inaudible) and not be heard by local residents. They assurances have not been abided. No screening, it runs often (inaudible), there's noise and rumble that can be heard and felt all around the harbor area and worse of all, the town beach, again, a beach for year rounders. So those are some concerns and we have a letter that we will send, we will attach the letter. We ask the town to assure that concessions and rezoning,are balanced by assurances by how the property will be used by bona fide year round residents. We also ask the town to consider the community and safety questions and concerns to consider if this rezoning is truly in the best interest of the community. Thank you for your time. JUSTICE EVANS: Elizabeth, can you give a copy of that to the Town Clerk? SUPERVISOR RUSSELL: Thank you. MARTIN FINNEGAN: Good evening. For the record, my name is Martin Finnegan, with Twomey, Latham, Shea, Kelley, Dubin and Quartararo. I am here tonight on behalf of the FIUC. I•am joined tonight by Chris Finan, who is president of the utility company. As you have heard, we have the comments before, I just want to back up a little bit and give you a little more' information about the application itself. I would like to handout copies of the survey to the Town Board members, if that's okay Scott? And I also have a site plan for a site plan for the proposed development of that house. So the utility company has presented an application to change the classification of the property located at the corner of Central and Crescent Avenues. from R-80 to HD, hamlet density and yes, it is to clear the way for construction of two family housing to provide year round housing for essential employees. The property is referred to as the Briar Patch as you have heard. It's a 1.2 acre parcel currently in the R-80 zone which can be developed as of right with a single family residence. As the Town Board is aware, Fishers Island is unique among the hamlets in Southold Town due to its location and limited accessibility. The vast majority of the homes on the island are seasonal second homes and the inventory of winterized family housing available to the workforce for purchase or rent is extremely low. As such, many of the utility company employees are forced to find housing on the mainland and commute to work, in the off season, ferry service is infrequent and can be unavailable in bad weather, placing utility company operations in jeopardy. When employees have no access of the island, they can't get there and provide the services that are needed. So in order to maintain the level of service required for the island resident both year round and summer and to provide for emergency situations, the utility company has determined that it has to develop new housing opportunities that will make, they can make available to current and future employees. The utility company actually is in need of additional staffing to meets its needs. They only have a not-rated lineman right now. They need to bring on more skilled laborers to the island to meet Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 9 its needs and they don't have an option. People can't afford to buy a house. They can't recruit help if there's nowhere for them to live. So the board of the utility company has determined the most cost effective way to do this is to build multi-family units, to make more efficient use of the land than single family units. And to do so, on vacant land that they already own,-to reduce the cost of land purchases and the Briar Patch fulfills this need. So under the current zoning, a two family home requires a minimum lot size of 160,000 square feet and is only permitted by special exception approval and by site plan review by the Planning Board. In contrast, as you know, in' the HD district a two family dwelling is permitted as of right, on parcels that are at least 40;000 square feet. This is a parcel of over 55,000 square feet, so it would therefore be conforming. I know that the Planning Board report that was done last year when this was originally discussed is of record in this proceeding and I just want to address that but as you can see on this survey, the site is surrounded completely by residential property. It's either in R-80 or the R-40 zone and I just want to make clear that what is proposed here is a residential housing unit, a two family unit. It will be completely in character with the surrounding community, which is entirely residential with the exception of the residential areas and the other either vacant or utility company. properties in the area. There's not a proposal to build another electric company on this site, it's . going to be a house. Inaudible, in the proposed zone change would enable two. So the Planning Board report does an excellent job of analyzing the existing zoning and the compatibility of the proposed zoning with this site. I am not going through all of it but I just want to highlight some of the salient points in the report for the record and those points that the Planning Board relied on in reaching the recommendation to allow the proposed change of zone here. So one of the things the Planning Board points out is the purpose of the HD residential district and this is in the code as well, is to provide,a mix of housing types on parcels within a half mile of the hamlet centers. The Planning Board noticed'that this property generally meets that purpose with its location within a quarter mile of the hamlet center and a quarter mile from the grocery store on the island and obviously it had to meet the HD zoning purpose of having a mix of housing types in the area. You can see the proposal is to construct a house which is entirely conforming with the bulk schedule. It is going to be located on the parcel with two units and they will not need any variances at all. It also is going to be well outside the 100 foot wetland boundary on the property. The Planning Board properly noted that in terms of the density analysis, this is only going to result in one additional dwelling unit from what is currently allowable. There will be no impacts to the public view shed or interference with the views of the water and the Planning Board found no environmental impacts. Yes, there are wetlands on the property. Yes, there will be driveways, what is proposed is two units with a driveway on Crescent and a driveway on Central. So as we all know, there are provisions in the town code that will require the utility company as they develop the property to deal with drainage. There are provisions in the town code that will address all of the concerns raised about the development of the property and its impacts on the surrounding residential community. So the Planning Board also found that the granting of the change of zone will serve a valid public purpose of providing year round housing for utility company employees who will in turn sustain the year round population of Fishers Island which will benefit the community at large including the fire department, the school, local businesses. As has been pointed out, there is a need to increase the year round population on island to sustain it and this is, the utility company also, all the residents clearly need electricity and they need water and they need telephone service and you need people to help them provide these services, so the point of why is the utility company in the business of housing, they don't want to be, this is Fishers Island, so they have to find a way to get people on the island to work there ,and Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 10 continue this utility so the island can continue to sustain itself. So there's this need for additional year round housing, workforce housing and in this regard, Fishers Island is no different than mainland Southold Town here. There is a dire need town-wide for workforce options. On Fishers Island, the creation of these options is critical to the islands utility operations and to the sustainability of the island's year round population. I think Reverend Whitman acknowledged that in her letter very clearly. So there's this clear need to find a balance between the overwhelming inventory of seasonal summer residences and the ever shrinking number of year round homes. So, the utility company has also acknowledged the Planning Board's recommendation is conditioned on the requirement of covenants from the utility company regarding the occupancy of these units and that they be restricted to year round resident employees. I think that was a concern that was raised here: The utility company has no objection to a covenant and in fact, welcomes a covenant. There are no games being played here. As long as Fishers Island is there, it's going to need utility services, it is going to need people to provide utility services and work there. They are going on this initiative, starting this initiative to create this housing in perpetuity, they have no problem with a covenant. I talked to Bill about that, we can certainly work out language that would be agreeable to the Town Board. So all of these concerns can be addressed as the Town Board clearly has the authority to condition the change of zone on such a covenant. I want to address some of the other comments made here this evening by other neighboring landowners. The utility company does take issue with the allegation that they are neglectful or a bad neighbor. The property to the east that was described as a junkyard, if I may I just want to, I only have one set of these, just some photographs of that house. As you can see, that is a single family residence. The pictures would bely some contention that it is somehow a junkyard. It does have two concrete drywells that are sitting on the property that are going to be relocated, other than that it's just a house with scrub grass. They do have their utility company property, it does have a generator on it. It does house equipment. It's a commercial property where the utility company has been situated forever and so, there's equipment there and that is in there. But the utility company has not received routine complaints about this, they've not really had the opportunity to address anything specific but I trust that they would when those complaints were made. As to this generator, it's been there for well over a decade. It provides some emergency backup generation in (inaudible) when needed to the island. So it is a benefit to the island residents to have this if the power goes out, that is the only thing that is going to provide power to Fishers Island, is that generator. So, it is essential. As for other properties, the utility company does own some other properties on the island, they own the (inaudible) across the street on West Harbor and they would like to pursue a change of zone, they had considered using that property for housing but they agreed to submit this application to the Briar Patch property. Other properties that they may own are not suited in their analysis to two family housing. So again, we are talking about a change of zone that will enable one other unit, to allow a family to live there, a family that will live and work there and be a part of this community and enjoy the ballfield and the ice cream store and go to school and be part of the community as I said. So the impacts on the environment, the surrounding character of the community are not existent in our estimation. So from the utility company's perspective, they have some employees that currently live on the island, many of us commute and as I said, are in need of additional skilled labor, linemen, to meet their needs. And the recruitment challenge is really hard in the absence of available housing. The employees they want to house will hold year round jobs and as I said, they are going to live on Fishers Island and raise their families there and broaden the community. They will have skill sets that will enable them to join Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 11 the fire department, EMT's, and be assets to the community. So in short, the utility company submits that the zoning change from R-80 to HD on the Briar Patch property is entirely compatible with the existing year round residential community on the west end of Fishers Island and certainly justified by the unique circumstances on the island. I could certainly address any questions the Town Board has but if there are any, I would obviously request that you consider the local law to change the zoning classification of the Briar Patch property of R-80 to HD. JUSTICE EVANS: Martin, I have a couple of questions. MR. FINNEGAN: Sure. JUSTICE EVANS: People asked me to ask, you did talk about year round housing being a covenant but you also mentioned when you were talking about the property across the street that it could possibly be subdivided into three lots and three more houses but that there's concern that if the Town Board grants HD to the Briar Patch property, that the utility company will be back in looking for HD on the property across the street and use the HD on the Briar Patch property as precedent and I have heard different things, one that the utility company is not interested in going for HD on those properties and I have heard that yes they are and people want to know where the utility company stands on that. MR. FINNEGAN: There has been discussion of a change of zone on that property as well. I think as you know, any change of zone application is subject to review by the Planning Board. They are all considered on an individual basis, there is no correlation for the findings on this property and what may be found on that property and obviously it is ultimately up to this board whether or not you will grant that change of zone. So I don't really think there's any relevance to what they would consider doing on any other property to this application. They have a need for additional housing, they are in the process of trying to find that. They are working with Walsh Park, they are working with the Island Community board, those organizations have joined in the application to allow the code to be amended to let us be here today, so there is a cooperative effort here. There is a need, as you well know Louisa, for housing on the island, so yeah, they will consider any property that they have and the best way to develop it to meet the needs of the utility company. JUSTICE EVANS: And the other question I have, is that people are concerned about increase to our utility rates which are already extremely high and there's a lot of (inaudible) maintenance and a lot of work that needs to be on water pipes, electric lines, and money can't seem to be found to fix these and now money is being found for housing and they asked me to bring up that point. MR. FINNEGAN: I will say this, I can't address those issues but I will say that yes, there are costs associated with housing. There is a greater cost associated with outsourcing the electrical work to have qualified people coming in and provide these services that could be far, far greater than what is proposed for the housing, for developing property that they already own. It's the cost of the building the house. The long term cost of not being able to get employees in the estimation of the board of the utility company is extremely, is far greater. Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 12 CHRIS FINAN: Chris Finan, president of the utility company. So there has been a lot of work going on lately with the infrastructure, we have been aggressively working on the water system. We aggressively have been working on hardening the electric system with the resources that we have but you know, our hands are tied a bit on that because we don't have the personnel to go further. You know, for instance yesterday we had a storm with gusts over 60 miles an hour, we had no outages on power whatsoever and I don't know that Southold can say the same but we are working diligently on all the infrastructure. So the cost for housing will increase rates, there's no question, these things are going to cost something but the quotes that we got for bringing in contract labor which is the alternative to having in house personnel is vastly over, I mean, we are a million and a half to bring in contract labor, you know, our salary for a year for a lineman will be about$400,000, so it's a huge increase. So I hope that answers your question. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board on this particular local law? TOM CASHEL: My name is Tom Cashel, I am a member of the Fishers Island Ferry financial committee and a number of other volunteer organizations on the island. I would just like to say that there are literally hundreds of workers that commute to the island every day via the ferry, the ferry is very rarely down so I do take issue with the comment that the gentleman made about being difficult to commute to and from the island. Thank you. MS. DOYLE: I do want to say that I respect Mr. Finan and his work and the utility company's efforts to keep the island up and running. It is accurate that we very rarely lose power, as they fix it really quickly. After hurricane Irene we were out like 13 hours and that was the most ever. but that said, I want to ask you if you can please, because I know that Mr. Finnegan is a very esteemed member of this community and I know that he served as Town Attorney for five years, taking over for his wife, and I would just like to ask if you could perhaps put your personal relationships aside and your estimation that you have for him, which I do too, and look beyond those relationships and truly hear what we are saying, to take this on board and reconsider it. INAUDIBLE COMMENTS MS. DOYLE: That's all and thank you very much. SUPERVISOR RUSSELL: And let me just assure you, that despite having a working relationship with Mr. Finnegan for years, the Board has never, ever under any circumstance looked at any application in a favored light because of past working relationships. Southold Town has 23,000 people. There are people that have come before this board that I went to high school with, it's, I am sure as you are aware on Fishers Island, it's unavoidable. MS. DOYLE: Very small community. I believe you wholeheartedly. SUPERVISOR RUSSELL: Alright. Thank you. Would anybody else like to address the Board before we close the public hearing? This is for the Fishers Island.... i Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 13 LEROY HEYLIGER: As past member of the Southold Town Housing Advisory and as a member of the Southold Town Anti-Bias Task Force, I feel in the room here, an elephant in the room as to this workforce. I wondering what is the composition of the workforce? What is the diversity of the workforce that would be occupying that housing? Will that be taking into consideration, for the Anti-Bias Task Force will be looking into that, the makeup of the utility workers, thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? COUNCILMAN DINIZIO: I would like to at least request something, if we are going to move forward that we get that easement agreement from you? MR. FINNEGAN: The covenant? COUNCILMAN DINIZIO: Yes. SUPERVISOR RUSSELL: It's a condition of the change of zone. MR. FINNEGAN: Bill and I will work that out. So absolutely... COUNCILMAN DINIZIO: We couldn't get that before? SUPERVISOR RUSSELL: Honestly, that's a discretion of the board, we can adopt with a covenant if we choose. MR. FINNEGAN: You can tell us what you want the covenant to say, I am happy to negotiate with Bill. I think that the clear intent for it to be (inaudible) as the utility company wants it to be, to year round housing for employees. COUNCILMAN DINIZIO: Well, which is what I heard you say. MR. FINNEGAN: Yeah, yeah. COUNCILMAN DINIZIO: That's all it has to say... SUPERVISOR RUSSELL: Inaudible. COUNCILMAN DINIZIO: I think having it in hand... MR. FINNEGAN: No problem. SUPERVISOR RUSSELL: Would anybody else like to address the Board on this local law? COUNCILMAN DINIZIO: I just have one more question because you weren't quite clear. This piece of property has the ability as it stands right now to have one residence on it. Fishers Island Utility Company Change of Zone Public Hearing February 26, 2019 page 14 MR. FINNEGAN: Yes. COUNCILMAN DINIZIO: When we are done, if we approve this, it will have an additional residence? MR. FINNEGAN: A two family... SUPERVISOR RUSSELL: In a single building. MR. FINNEGAN: In a single building, yes. COUNCILMAN DINIZIO: I just wanted to make that clear. SUPERVISOR RUSSELL: Thank you, would anyone else like to address the Board? JUSTICE EVANS: I make a motion we close the hearing. SUPERVISOR RUSSELL: I would just ask to close the hearing but subject to written comment, keep it open for written comment for two weeks. There's geographical challenges obviously with Fishers Island getting to Southold Town, so we'll take written comments for two weeks. COUNCILMAN RULAND: Yes, of course. There was a number of comments that came in just today that I read superficially but I am certainly not prepared to vote tonight. This hearing was closed at 6:05 PM, written comment accepted for two weeks. Eli eth A. 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ANY EXTENSION OF THE USE BEYOND THE J / �Q 7000-s.-2-t3J PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR \O/ J .00-9-2-2.1o.00-9-2-2.1N/F / EXCEEDS THE SCOPE OF THE ENGAGEMENT W / FISHERS ISLAND I / N/F Q UTILITY COMPANY 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY c ST. JOHN'S INC. PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAN / \ \ EPISCOPAL CHURCH / ywLN7 UWO / SURVEYOR, TO ALTER AN ITEM IN ANY WAY. / �•� 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND z s 1000-9.-2-4.1 \\ SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL N/F / G 1000-9.-2-13.2 ARE THE PRODUCT OF THE LAND SURVEYOR. z FISHERS ISLAND / (v N/F I- m FIRE DISTRICT � Ct- / ST. JOHN'S 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND Q G EPISCOPAL GEODETIC SURVEY TRIANGULATION STATION 'PROS' o n m x o \ \ CHURCH 5. SITE IS ON FISHERS ISLAND, IN THE TOWN OF SOUTHOLD, I f COUNTY OF SUFFOLK TAX MAP 1000, SECTION 6, BLOCK 6, LOT 20.8 U i 03 7000-9.-2-72.1 i 6. TOTAL AREA= 1.287 ACRES. p Y z Y 0 NF U W QUALITY CONTROL CERTIFICATION FISHERS ISLAND7. SITE IS LOCATED IN ZONING DISTRICT R-80. ' a m o / UNION CHAPEL DATE: 10/22/2018 GROUP REVIEWED DATE / SOCIETY PROIECf MANAGER SCALE: 1 = 100• SURVEY ENWRONMEWAL 100 5D 0 10D CML SHEET: 1 OF 1 srRUcnlRu GRAPHIC SCALE IN FEET �N,�C,,. PROJECT: #2018825 RECEIVED 019 Southo�Id Town C" w s irka -•�«,� . w _ w f Tt 1. l'� ! �idlfiliril $ ' iy �+ e i � M. i • 1 ' f •,� & # 1 iii fr �'Y�t �y/�,�� r 4 s n ! .. �,- ' 4:� ;��✓f«r e'r�}• ✓.�,'S. LI.�y.u' ; iiT I } ,�7 1 � / , .. s / J if y .. � 'tf l � ••. I ��. ¢'tea -tt - ' '' •i, � �� ... l�. ''pt.�" �- '"x.'11! ._ ` - ;;tc. -io•D:�,� `.ww- t�` — - ""� c`�x, s�•..: .„ �1sy'y - s., 4 •^ �-r W M. RECEIVED FEB 2 6 2019 Southold Town Clerk a `a i Y i _ a r Ab maw► .f NOW _. a. , FF 919 I Jf r 1 ti i ii IF 4 i eS .J. F- FEB 2 6 2019 5 L666m f. 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N/F 161FISHERS TALNAVENUE COMPANY, INC. LL- R-80 ` _ \EUGENIE M. TREVOR PO BOX 604 7000-9-2-t 7 / STEPHEN M. FISHERS ISLAND, NY 06390 Fi`_/ McPHERSON, JR. In 1 ISLAND PEOPLES MI�17 G PROJECT / l VI Z � a�� \72ELRFATON ,� ,/ R-80 / / z // 7�`" / _ NOTES - o G o. 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE / NA . // INDICATED HEREONANY EXTENSION OF THE USE BEYOND THE \ //Jam/// / > \ 1000-9.-2-133 PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR N/F EXCEEDS THE SCOPE OF THE ENGAGEMENT. w 1000-9-2-2.1 GJ JFISHERS ISLAND Of N/F Q UTILITY COMPANY 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY / PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAN ST JOHNS INC. / \ EPISCOPAL CHURCH A / 'VACANT LOD / SURVEYOR, TO ALTER AN ITEM IN ANY WAY o 3. 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SITE IS LOCATED IN ZONING DISTRICT R-80. a m o o v u0 I pUALITY CONTROL CERTIFICATION UNION CHAPEL \\ - DATE: 10/22/2018 GROUP REVIEWED DATE // SOCIETY PROJECT MANAGER SCALE: 1� = 100 SURVEY ENVIRONMENTAL 100 5D D IGD SHEET: 1 OF 1 GNrt S-TRDCTUyLL '' GRAPHIC SCALE IN FEET PROJECT: #2018825 ARGRREMR& WF WF 5 1 WF F 2 3 166.59' " W row g 8740 � - - � row LIMITS OF FRESHWATER WETLANDS— FLAGGED BY — GLENN JUST— JULY 2017 0 •� o 4 N � 1� -CY \ � moi• Y DRIve iu U 50, 4 W / U r r h r r r O rC o r N I 1$5 0 p• ;7�` r M tl` c N `-- W rr� i t N:3538.95 q N�f , E.—1488. 17 WF WF 5 1 WF F 2 3 166.59• " W sw S 874`0 - - - � row LIMITS OF FRESHWATER WETLANDS- FLAGGED BY - GLENN JUST- JULY 2017 0 4 r O r r DRIVE Ix V O V 50, W O 2 a N+ W C) Ltj ClY to r- i o n o N At VSs oD• C NT I.2;,,/0'. N:3538.95 �� AVENUE , E:—1488.17 Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 2:30 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Lauren Standish; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland Cc: 'Martin Finnegan' Subject: FW: [SPAM] -Zoning change hearing on Fishers Island FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrai of Vital Statistics Records Management Officer, FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cd] 631 466-6064 From: Genie McPherson Trevor [mailto:geniemcp@gmail.com] Sent: Monday, February 25, 2019 11:09 AM To: Neville, Elizabeth Subject: [SPAM] - Zoning change hearing on Fishers Island Dear Ms.Neville, I am writing to let you know of my concerns over the rezoning of the"Briar Patch property on Fishers Island SCTM#1000-6-6- 20.8 from R-80(Residential)to HD(Hamlet Density). The Fishers Island Utility Company is seeking the change to build housing for its working staff. While I am very cognizant of the need for affordable housing on Fishers Island, I also know that there are other existing properties on the island that could be renovated, rather than seeking out a zoning change in a high traffic recreational area across from the island's popular baseball diamond that is also environmentally sensitive(a wetland abuts the property)in order to build a multiple family dwelling. Furthermore,the Utility Company is not in the business of housing development and I am concerned that they will not properly maintain the property in this high visibility area on the island. The false promises made by the Utility Company in regards to the installation of a diesel generator less than a half mile from this area where they are seeking a zoning change gives me more reason to be concerned. With an agreement with the Groton Utility Co,the Fishers Island Utility Co. installed the large capacity and noisy and smelly diesel gas generator adjacent to another island recreation spot, Dock Beach. When the generator was installed the neighborhood property owners, of which I am one,were promised that tree plantings would be put in, and that the generator wouldn't be noticed for its noise and it would not impact the neighborhood.None of these promised were kept. In addition, it is highly concerning to me that the Utility Company now has its sights set on building additional housing when they already own existing housing in the neighborhood that appears poorly maintained. And to close, it seems to me the FI Utility Company should be'working more closely with the island group, The Walsh Park Benevolent Corporation, whose business it is to develop and maintain affordable housing on the island, rather than get into the business of housing development themselves. Thank you for your consideration. i Genie McPherson Trevor Genic McPherson l'reti,or 401.465.6339 end iemc a,gmail.com 2 Opposition Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 2:21 PM To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Finnegan, Martin Subject: FW: Briar Patch Re-Zoning - Fishers Island NY, Attachments: JDoyle letter to Southold -pdf 2262019.pdf FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer, FOIL Officer Marriage Officer PO Box 1179 Southold.NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cell 631 466-6064 FYI FCA111:�'�S51Cr3�rlh rinV��m?iltn•�PSSj /�� Sent: Tuesday, February 26, 2019 10:50 AM To: Neville, Elizabeth Cc: J DB DOYLE Subject: Briar Patch Re-Zoning - Fishers Island NY Dear Ms. E. Neville, Hello, hoping this email finds you well. Please find herewith my letter to the Town regarding the Fishers Island Utility Company's request to have the lot re-zoned. Please let me know if you can open the PDF file or if you would prefer a different file format. Perhaps you need the letter in the body of the email? I know that sometimes attachments can be tricky. I will attend the hearing a little later today. Thank you for your time and help in this matter. My very best wishes, i l � Jessica Doyle j e s s i c a d.b. doyIe m 1.718.838.0259 14 6 washington ave. b r o o k I y n,ny 11205 2 Opposition Neville, Elizabeth From: jessica db doyle <jessidoyle@gmail.com> Sent: Tuesday, February 26, 2019 10:50 AM To: Neville, Elizabeth Cc: J DB DOYLE Subject: Briar Patch Re-Zoninq - Fishers Island NY _ Attachments: JDoyle letter to Southold -pdf 2262019.pdf Dear Ms. E. Neville, Hello, hoping this email finds you well. Please find herewith my letter to the Town regarding the Fishers Island Utility Company's request to have the lot re-zoned. Please let me know if you can open the PDF file or if you would prefer a different file format. Perhaps you need the letter in the body of the email? I know that sometimes attachments can be tricky. I will attend the hearing a little later today. Thank you for your time and help in this matter. My very best wishes, Jessica Doyle jessica d.b. doyle m 1.718.838.0259 14 6 washington ave. b r o o k I y n,ny 11205 1 DECEIVED FED 2 6 2019 Feb 25th 2019 Southold Town Clerk To the Town Clerk of Southold regarding the Fishers Island Utility Company's (FIUC) request to change the "Briar Patch's" zoning from an R-80 to HD (Hamlet Density). My name is Jessica Doyle. I am president of an organization called Island People's Project (IPP). IPP is an organization devoted to Fishers Island's year-round population and summer residents. IPP sponsors community events throughout the year, such as the July 4th Fife and Drum Parade and provides the Island's only summer day program that is open to both full-time residents and summer people. All year-round children,. attend camp for free through IPP's scholarship program. In addition, IPP manages, cares for and provides a lifeguard for Dock Beach, the island's public harbor-beach. Additionally, IPP owns Fishers Island's baseball field, which is located next to the Briar Patch. As president of IPP I have broad concerns with the Fishers Island Utility Company's (FIUC) request to re-zone the Briar Patch property. While I agree with FIUC's idea that more housing is needed to encourage full-time residents to live on the island, the Briar Patch, comprised of 1 .28 acres, is a small plot of land located at the busiest intersection on the west end of the Island. Though portions of the Briar Patch have been utilized over time for farming, the land's use hasn't been conducted in an intense manner. It has remained untouched by development for thousands of years. In an effort to increase the year-round population, Fishers Island worked closely with Yale University to establish the best way to encourage people to move to the Island. This in- depth study urges preserving the Islands' natural habitat as a key factor to protecting the uniqueness of Fishers. 1 Please see a copy of the study here: YALE https://udw.architecture.yale.edu/sites/default/files/files/Sustaining%20Fishers%201 sland%20Final.pdf My concern with the zone change is that it opens the door for over-development of a small parcel that lies adjacent to significant freshwater wetlands. Has a NY State environmental study been done on the potential impact of intensified use of the land? Additionally, what would that use do to the nearby natural habitat? With this type of development, has it been weighed against the natural the capacity of the land, with respect to fresh water wetlands, significant natural communities, plus soil suitability? "From the botanical standpoint, the island presents a considerable diversity of habitats. A total of nearly 700 plant species have been identified... wetlands are diverse, there are also at present 30 rare plants in the inventory."(P.15) Read the scientific report here Funk, Robert E. and Pfeiffer, John E. (1993) "Prehistoric Adaptations on Fishers Island, New York: Progress Report," Northeast Historical Archaeology: Vol. 22 22, Article 3. https://orb.binghamton.edu/cgi/viewcontent.ogi?article=l 197&context=neha Located on the north side of the Briar Patch property, there's the presence of NY State freshwater wetlands that connect with a large freshwater swamp a little further to the east, plus a small freshwater kettle pond just north. Adjacent to the freshwater wetland is an important tree canopy that hosts significant natural communities. The property's canopy is a foraging site for a number of bat species. The loss of tree canopy next to open wetlands has the potential to impact NY State's rare plants and animals, including the roosting habitat of these protected species. Furthermore, "...the development of private summer homes has been rapid and extensive. The effects on native fauna, flora, and cultural resources have been considerable."(P.16) https://orb.binghamton.edu/cgi/viewcontent.cgi?article=1197&context=neha 2 If FIUC builds a two family dwelling on this small parcel of land, residents will need parking. Potentially an impermeable parking lot will be created. The, surrounding natural habitats risk being disturbed from storm water run off. Which type of parking surface is planned? Fishers Island does not have an Island-wide sewer system; all Fishers Islanders' wastewater deposits into their respective septic tank. The proposed re-zoning would intensify the nutrient loading from onsite wastewater disposal systems. Where does the water run off go? The Briar Patch sits directly opposite the baseball field where Islanders come to play games, engage in sports activities, and host large Island-wide gatherings. Adding a residence next to this public area would increase traffic and has the potential risk of injury to the residents. Would IPP be liable for any injury, noise complaints or property damage? Its location is at a main intersection of Fishers Island's west end. To the north is the Island's only supermarket. Any time a person needs to buy milk they pass this intersection. Just off to the east is the yacht club marina where year-round and summer residents go every day for water activities. The majority of visitors coming to Fishers via boat dock at the yacht club marina and walk to town via this intersection. The baseball field is used in the case of medical emergencies and serves as a medevac helicopter-landing pad. Additional traffic could impede ambulance access to the doctor's office and/or the Island's Sea Stretcher boat ambulance. To the west of the property is one of the tallest hills on the island. The hillside's fresh water run-off eventually connects to the wetland located on the northeast side of the property. Rainwater run off travels through the Briar Patch's wetland and makes its way slightly north to the nearby freshwater kettle pond and swamp located on Madeline Ave. The Madeline Avenue swamp host's significant fauna and animal 3 communities, the potential are there to be negatively impacted. Changing the Briar Patch's zoning has potential to alter the community's character. Historically, the community strives to protect its open landscape to allow for natural species to prosper. For example, the Barred Owl, "None were documented over the 40 years since [1943] until, in 1983, a nest was found on a part of Suffolk County: Fishers Island. Although only four square miles in size, and fragmented by development, it apparently has enough mature forest and a suitable mix of wetlands in a protected greenbelt to support a nesting pair." From 27east: htlp://www.27east.com/news/article.cfm/East-End/581 402/Th e-Barre d-Owl. Yale's research finds, "There are threats to Fishers' way of life. Adverse, unplanned development on the Island could significantly and irreversibly change the character and scale of the place." Yale's study also addresses the need to lower the cost of utilities, however FIUC's building plans require Fishers Island residents to subsidize the costs of building the dwelling including its upkeep. Raising the utility rates of customers so construction may commence' is contrary to Yale's recommendations. To encourage more fulltime residents to live on Fishers, Yale suggests "Assist home owners and business owners to reduce their energy bills by improving energy efficiency. Coordinate access to New York State energy efficiency improvement programs, including technical support, home energy assessments and grants and low interest loans. Make electric rates for year-round residents competitive with nearby Connecticut towns. Consider reducing current year-round rates by 20%." 4 y Instead of building housing a o,n a small parcel of land, Yale recommends: "Support the Fishers Island Utility Company's efforts to develop complete GIS mapping of the Island's utilities to better understand the condition of and manage the Island's water, electric, and telecom distribution infrastructure." It's important to ask-, what utility company do you know of that builds houses? When does a utility company shift from focusing on the health of electrical lines, water supply pipes, and telephone services to endeavor building houses? Fishers Island has an organization, called Walsh Park, whose sole mission is to create, build, and establish housing for fulltime residents. Perhaps FIUC could work with Walsh Park to create more housing? Presently, FIUC has 8 fulltime Fishers Island resident employees. Does FIUC have a Fist of future employees that it intends to house in this 2-family dwelling? Additionally, FIUC owns a house just up the road, to the east of the Briar Patch; potentially this property could house future employees? As opposed to modifying the natural habitat's land and altering the community's character, FIUC could focus its efforts on underutilized properties rather than an intensification, of use of the Briar Patch. Please let's slow this process down, take a good look at the environmentally responsible options while taking into account the finding of the Yale study with an eye towards the future. The Utility Company's leaders will come and go, but this zone change will leave a lasting impact on the island and the community. As an aside, it is disappointing that in 2019 not one woman is a member of FIUC's Board of Directors. 5 t I ask of you, the Town of Southold, to please hold-off granting FIUC's request to re-zone the Briar Patch, while alternatives are explored. Thank you, Sincerely Yours, Jessica Doyle President of Island People's Project Email: i_pppresidentQ mail.com FIUC's current Board of Directors: Michael Laughlin, Chairman, James Baker, Stephen Cook, Tom DuPont, Malcolm McAllister, Geddes Parsons, Chiffro Sanger, Tom Siebens, John Spofford http•//fishers island.net/southo Id-considers-zone-change-to-hamlet-dens ity-f or-briar- patch-property/ People may write comments to be included in the public hearing. Comments should be mailed or emailed to Elizabeth Neville, Town Clerk for inclusion in the public record. Her address is Southold Town Hall, 53095 Main Road, PC Box 1179, Southold, New York 11971 . Her email is e.neville@town.southold.ny.us. 6 e- .:S Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 2:17 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; 'James Dinizio'; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: 'Martin Finnegan' Subject: FW: [SPAM] -Zoning Change on Fishers Island FYI Elizabeth A. Neville. MMC Southold Town Clerk, Reuistrar of Vital Statistics Records Management Officer: FOIL,Officer .Marriage Officer PO Box 1 179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cell 631 466-6064 From: Louisa Evans Sent: Tuesday, February 26, 2019 12:36 PM To: Neville, Elizabeth Subject: Fwd: [SPAM] - Zoning Change on Fishers Island For tonight's public hearing. Sent from my iPad Begin forwarded message: From: "Whitman, Candace (alum)" <candace.whitman a,alum.ptsem.edu> Date: February 26, 2019 at 12:14:36 PM EST To: Louisa Evans <lpevans06390 a,Pmail.com>, Roadrunner<tomwendyQ,roadrunner.com> Cc: "tomwendy@a adelphia.net" <tomwend adelphia.net> Subject: RE: [SPAM] - Zoning Change on Fishers Island Dear Louisa, I don't know how much time there is today, but if you can submit this letter for me I would be grateful. Unless you see something really off in it -- My main question is whether the application has been made public because I am making these comments without having seen anything in writing. I don't know if there is time to get the entire ICB's endorsement, so best if this is just from me. Thanks. Dear , Re: Zoning change on Fishers Island I am writing in support of the application of the Fishers Island Utility Company for a zoning change on the lot known locally as the "Briar Patch." By way of background, I serve on the Island Community Board, and as a year-round representative I am keenly interested in maintaining Island unity as we solve community issues. With the proposal of the Utility Company I have learned that members of the community will miss having this attractive, open space in a central location. However, I stand in favor of their application given the Utility Company's urgent need for multiple-dwelling units for future on-island employees in order to ensure coverage in the event of an emergency. I request that with the zoning change approval there is put in a place a firm understanding about the need for the Utility Company to fully engage the opinion of the community of Fishers Island, including full discussion with the Island Community Board, as decisions are made for the development of the lot. Given prior comments by the Utility Company it seems a collaborative approach is their intention. Specifically, areas for community buy-in include 1. The way the Utility Company funds the construction of the building 2. The design, placement and maintenance of the structure 3. Close consideration of environmental issues as the land is developed 4. A plan for the use of this multi-dwelling structure on the off chance there comes a time when it does not house Utility employees 5. Selection of the lots owned by the Utility Company that are next slated for development As this project is potentially divisive for our Island, agreement around the above issues would help quell opposition and help establish good will between the Utility Company, our community, and other other interested parties. I strongly urge you to approve the application with teh condition that the Utility Company implement decisions that have broad agreement to ensure the best result for our Island and all involved. I appreciate your consideration of this letter. Sincerely, Rev. Candace Whitman Fishers Island Union Chapel Rev.Candace Whitman Fishers Island Union Chapel(UCC) www fiunionchapel.org P 0 Box 192 821 Crescent Avenue Fishers Island,NY 06390 Office: (631)788-7898 Parsonage: (631)788-7029 Cell: (203)293-5470 2 Neville, Elizabeth From: jessica db doyle <jessidoyle@gmail.com> Sent: Tuesday, February 26, 2019 10:50 AM To: Neville, Elizabeth Cc: J DB DOYLE Subject: Briar Patch Re-Zoning - Fishers Island NY Attachments: JDoyle letter to Southold -pdf 2262019.pdf Dear Ms. E. Neville, Hello, hoping this email finds you well. ) Please find herewith my letter to the Town regarding the Fishers Island Utility Company's request to have the lot re-zoned. Please let me know if you can open the PDF file or if you would prefer a different file format. Perhaps you need the letter in the body of the email? I know that sometimes attachments can be tricky. I will attend the hearing a little later today. Thank you for your time and help in this matter. My very best wishes, Jessica Doyle jessice d.b. doyle m 1.718.838.0259 14 6 washington ave. brookIyn,ny 11205 1 Feb 25th 2019 To the Town Clerk of Southold regarding the Fishers Island Utility Company'-s (FIUC) request to change the "Briar Patch's" zoning.from,an: R-80•',to. H,D,(Hamlet Density):,, My name .is.Je'ssica-Doyle. 1 :6m president'of°an, organization called .Island People's Project'OPP). IPP is-'aft organizatiow'devoted, to-Fishers Island's°year=round ,, population,,and' summer' residents.! IPP sponsors-,community, events throughout -the-year,- 'such-as-the July 4th, Fife.-and Drum Parade and provides the, Island'sr-only summer�',day program that is open to both full-time residents and summer people. All year-round children attend camp'-for free through IPP'sscholarship' program.-]n!addition ' IPP•manages',-cares for,and provides 16 lifeguard for Dock,Beach,,the ,island's public harbor-beach.,'Additionally;% IP.P'owns Fishers,-island's baseball field, which is located .next to the Briar Patch. As president of IPP I have broad concerns with1he Fishers 'lsland"Utility Company's''(FIUC)"-re'q'uest-to'-re=zone the Briar Patch property. While I agree w'Ith'FIUC's'idea that' more" housing' is needed to encourage full=time 'residents'to live on the i'sland;' the'`Briar Patch, comprised of"1 .2'8 fibres', is a -small'plot of land located at the busi'est"'int'ers'ection' on' the' west'`end-�of'the Island. a Though portions of the B•riar' Patch have been utilized+,over'a time forfarming,-the' land's- use hasn't•been-"con•ducted in an intense"man'n'er: It has �'r®mained 'untouch'e'd' by development .,•, for thousands of years. - In an-`effor`.t,to"'i'ncrease the year-'ed n'd population, Fishers'' Island' worked closely' rith Yalu University to'establish' the best'way to', encourage p®'ople"to move t�or,th'e Island. This in- depth study urges preserving the Islands' natural habitat as a key factor to protecting the uniqueness of Fishers. 1 , �i Please see a copy of the study here: YALE = httos://udw.architecture.yaie.edu/sites/default/files/files/Sustaining%20Fishers%201 sland%20Final.pdf zu My concern with the zone'-change 'is that, it;opens,the doors ,for • over-development of a small parcel that lies adjacent to significant freshwater wetlands., Has a 'NY_State_e,nv,iro_nmental- study been done on the potential,]m pact .of-JrItensifled uso,of . the land? Additionally, what would that use do to the nearby natural habitat? Witht this type �of:development; :hasJt• been weighed against ith,e natural•the,capacityot the land, with { respect to fresh water.. wetlands;, sign ificant;natu:ral; ;,. communities,•-plus soil_suitability? "From „the,, botanical standpoint, the' island:-presents a . , considerable ,diversity`of habitats.- A,total:of,nearly.' 700„ plant, species, have,'been identified... wetland's...are diverse,,',the.r:e,-are, also-at present 30 rare plants in the;Inventory.°(P.15). Read the scientlflc'reoort her® . Funk, Robert E. and Pfeiffer, John E. (1993) 2PrehIdi6rIc Adaptations on Fishers island, New York: Progress Report,' Northeast Historical Archaeology: Vol.•22 22'; Article S.'-, httos:Horb.binghamton.edu/cgl/Viewcontent.cci?article=1197&context="neha Located on the north side of the Briar Patch property, there's the ,presence, of- NY State freshwater!wetlands, that connect - with.a large freshwater;,swamp a ktle_further to. tJh,'e, east, plus, a small .freshwaterp kettle,_pond just north. Adjac®nt to s ` the'•freshwat'er,wetland ;is an ,impprtant tree.canopy'_that hosts_ significant natural communities. The property's canopy is, a ” foraging,site, fo,r,a,number-, of bat,spe,cies. The loss of tree; canopy next,to -open wetlands.:hthe potential to.,impacf! NY, State's ,rare,plants and.I animals, ,,,I,-n clyd'ing ,the,,r'oos,tin_g'.h6bR#t , of these prot®cted species. '. Furthermore, "...the development -of private.,summer-homes,- has bee n-,ra'pid.and extensive'.Jhe_ .'effects on native,fauna, flor,a,,and cultural r'eSollrc8s- have •been considerable.^"(P:is),1 https://oeb.binghamt6n.eou/cgi/view onfent.`cga?articlem1197&context=neha 2 If FIUC builds.a two, family dwel•ling,�on,:this small,parc,el',of,,, , land, residents will need parking.. Potentially an impermeable.,- parking lot will be created. The surrounding natural habitats risk being-,disturbed from-storm water, run ,off.-,Which, type r.of parking,surface, is; planned? ,, , , c• Fishers Island does not have an Island-wide sewer system;,,all,, Fishers Islanders' wastewater deposits, into their respective septic tank. The"..proposed re'=zoning would intensifythe nutrient loading from or�site"wastewater'disposal - -systems.- Wher`e 'does,, the water run`off'go? The Briar°Patch, s,its'directly"opposite-the,-baseball field' w" here ' Islanders come to play 'g`ames "--engage in sports activities; and host large Island-wide gatherings. Adding a residence next to- this public area would increase traffic and has the potential risk.of injury to the residents. Would IPP be liable for 4any , injury, noise complaints or properdamage Its location is'at a main int®rsect'ion of"Fit- hers 'Island's:west end. To the north is the Island's only supermarket. Any time a person needs to buy milk they pass this intersection. Just off to the eastis "the_;yacht clurb marina wh®reyyear-round.,and summer residents' "go every day for water-,activities. The' majority of visitors coming to Fishers via boat dock,at the yacht club marina and'walk to town',via this'Intersection. The baseball field is"'used in-the case of medical-emergencies ;and serves as a medevac helicopter-landing pad. Additional traffic could ,impede ambulanceaccess to the.,doctor's officer and/or-„- , - the Island's Sea' Stretcher boat ambulance.= e' To the west of the, property is one,.of thalal'lest hills,on the island.'The hillside's_ fresh water run-off�evehtually connects to F the wetland located�`on the" northeast side:of_ the 'property. Rainwater,;run off travels`through the =Br`•iar Patch's•wetland and makes Its way slightly, north _to 'the nearby "freshwater„ kettle !pond and" swamp located"on 'Madeline Ave. The Madeline Avenue swamp host's significant fauna and'animal 3 i� ' r J comm'unities,'.the`'pote"ntial'ars'there to�'be negatively- Changing the'B'riar""Patch�,s zoning- has potential'`to alter;the''' community's character. Historically,' th® ,comm`unity stfives lo-, protect its open landscape to allow for natural species to prosper: For`exarriole,: the;Barred,'Owl,:-"None wen® documented over F >, the 40 years since [194.3] .until, in„1983;, a nest was found on a part of Suffolk'County:_Fish®rs Island..Although `-only four square miles in size, and 'fragmented by development, it apparent) has, enou , h mature --forest.and,,a suitable-mix,of , wetlands in, a protected greenbelt,to-,support a nesting pair. Froms27east: htto://Www.27east.com/news/article;cfm/East-End/581402/The-,Barred-Owl Yale's "research finds,....°There ,aresthreats,to.Fishers' _viay of life. Adverse, unplanned -development on the Island could' significantly-and irreversibly change the character and scale of the_ place. ._ W Yale's-study'"also `add'r'esses the need -tolower the-, cost_ of` utilities; however-F,IUC's building plan`s re'quire' Fishers- Island residents,to;,subsidize the costs of building,{the dwelling incl ,, tiding its'_Upkeep'. Raising `thee utility;"rates'of customers so construction may com'M' 66e`is contrary to Yale's recommend at'lo,ns. . . ._. . ;;. _ f To'encourage, more fulltima -resi`ddhts_ to 'live'o`n''Fishers;'Yale suggests "Assist home owners And`business owners to reduce their energy- bills by;improving energy,_ efficiency,.,,Coordinate . access to- New:: York'State energ "-efficiency-improvement programs'','.Including technical s'upp`ort, home-ene'rgy, : assessments-and"grants-and I"ow'Interes't Moans. Make electric ratesfor' year-round _residents'competitive with nearby' ' Connecticut',towns. Consider reducing cur'rent'year;roundi, rates by 2Q'%." a ii 4 r 1 s Instead,-of,,building housing a:on;a;small 'parcel -of, land,, Yale, . recommends!,i":Support the Fishers :Island Utility:Com pany's a' efforts to develop complete GIS mapping of the Island's.,, . :- utilities to better understand the condition of and manage the Island's water, electric, and telecom distribution infrastructure." It's important to ask, what utility company do you know of that builds houses? When doas,.a utility..company shift from, focusing on the health of electrical,lines,,water supply,pipes,-,,. and telephone services .to endeavor building houses? Fishers Island has an organization, called Walsh Park, whose sole mission,is-to--create,, build,,`--and estab'lish,�housing-tor fulltime 'resident`s: �Perh�aps FIUC"co`u�ld viiork with:wals , Park ; to create more housing? Presently, FIUC has 8 fulltime Fishers Island resident ' employees.,,Does+,,FIUC�have-a list.of future-.,employe,es,that:.it intends to',ho'use-in this-24amily dwelling? ;r , , Additionally, FIUC owns a house just up the road, to the east of the Briar Patch; potentially this property could house future employees? As opposed to modifying the natural habitat's land and altering,the community's character, FIUC could focus its efforts on underutilized properties rather than an intensification of use of the Briar Patch. Please let's slow this process down, take a good look at the environmentally responsible options while taking into account the finding of the Yale study with an eye towards the future. The Utility Company's leaders will come and go, but this zone change will leave a lasting impact on the island and the - community. As an aside, it is disappointing that in 2019 not one woman is a member of FIUC's Board of Directors. 5 • f r I ask of you, the Town of Southold, to please hold-off granting FIUC's request to 're-zone- the, Briar Patch, 'while alternatives are explored. Thank you, r { Sincerely Yours, Jessica Doyle President of Island People's Project Email: ipppresident gmaiLcom FIUC's current Board of Directors: Michael Laughlin, Chairman, James Baker, Stephen Cook, Tom DuPont, Malcolm McAllister, Geddes Parsons, Chiffro, Sanger, Tom Siebens, John Spofford- http://fishersisland.net/southold-considers-zone-change-to-hamlet-density-for-briar- patch-property/ , . , " 1, , 11 _ People may write comments to be included' in the-public hearing. Comments should be mailed or emailed to Elizabeth Neville, Towyn Clerk for inclusion in the public record. Her address is Southold Town Hall, 53095 Main Road, PO Box 1179, Southold, New York 11971. Her email is e.nevllle@town.southold.ny.us. 6 Town of Southold Tax Map Inquiry 2/26/19,9:43 AM J Town of Southold Tax Map InquiryTo ® ; VFW mow �m + }' - •� • � f r http://tos.maps.arcgis.com/apps/Solutions/s2.html?appid=1 b4d461a4ebc440ba19d25e98eb3fa90 Page 1 of 2 ZONING 280 Attachment I Town of Southold Density and Minimum Lot Size Schedule for Residential Districts' [Added 1-10-1989 by L.L.No.1-19891 R-40 R 80 R-120 R-200 R400 HD A-C Residential Residential Residential Residential Residential Hamlet RR RO Agricultural- Low-Density Low-Density Low-Density Low-Density Low-Density Density Resort Residential Districts Conservation (One-Acre) (Two-Acre) (Three-Acre) (Five-Acre) (Tin-Acre) Residential Residential Office Minimum lot size(square feet)- 1-family detached dwelling Residential unit without utilities 80,000 40,000 80,000 120,000 200,000 400,000 20,000(vn) 20,000(vu) 40,000 Residential unit with community water NA NA NA NA NA NA 20,000(vii) 20,000(vii) NA Residential unit with community water and NA NA NA NA NA NA 10,000(xi) 12,000(xi) NA sewer 2-family detached dwelling 2-family dwelling without utilities 160,000(xii) 80,000(iii) 160,000(xii) 240,000(v) 400,000(vi) 800,000(vi) 40,000(ii) 40,000(u) 80,000(iii) 2-family dwelling with community water NA NA NA NA NA NA 40,000(ii) 40,000(ii) NA 2-family dwelling with community water NA NA NA NA NA NA 20,000(vii) 20,000(vii) NA and sewer Multiple dwelling unit or townhouse' Multiple dwelling or townhouse without NA NA NA NA NA N 20,000 NA' NA utilities Multiple dwelling or townhouse with NA NA NA NA NA NA 20,000 NA' NA community water Multiple dwelling or townhouse with NA NA NA NA NA NA 10,000 BA' NA community water and sewer Motel,hotel or conference center guest unit' Guest unit without utilities I NA NA NA NA NA NA NA 6,000 NA Guest unit with community water NA NA NA NA NA NA NA 6,000 NA Guest unit with community water and sewer NA NA NA NA NA NA NA 4,000 NA Nonresidential use(as pemutted) Use with or without utilities 80,000 40,000 80,000 120,000 200,000 400,000 NA 40,000 40,000 KEY: NA=Not applicable NOTES. 'Roman numerals refer to applicable column in the Residential Bulk Schedule.Where no Roman numeral is indicated,refer to the district column in the Residential Bulk Schedule. 'For multiple dwelling,hotel,motel and/or conference uses(where permitted),this table refers to minimum lot area per unit Refer to the Residential Bulk Schedule for total lot size,yard and setback dimensions for the applicable district,unless more-restrictive requirements are indicated in the text of the chapter 3[Amended 8-1-1989 by L.L.No.14-19891 f 280 Attachment 1:1 05-01-2006 Opposition Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, February 25, 2019 10:40 AM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey; Born, Sabrina; Smith,Jennifer Subject: FW [SPAM] -Zoning Change on Fishers Island FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FO11,Officer Marriage Officer PO Box 1 179 Southold,NY 11971 Tel 631 765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Deborah Edwards [mailto:deborahledwards@gmail.com] Sent: Sunday, February 24, 2019 1:17 PM To: Neville, Elizabeth Cc; Denise + Klaus Fohlmeister; James Reid; Bethcashel@gmail.com; jessidoyle a gmail:com; Chris + Trudi Edwards,, Subject: [SPAM] - Zoning Change on Fishers Island I'm Debbie Edwards and my sister, Denise Fohlmeister, and I own Sonny's Place on the corner on Crescent and Central. As we cannot make the meeting on Tuesday, we would like to express our objection to the zoning change proposed by FIUC for the Briar Patch on Fishers Island. While we understand the need for affordable housing on the Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach,they are not the best of neighbors and,we believe affect our property values are affected due to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution. Debbie Edwards deborahledwards[at]gmad.com 520-529-7461(home) 312 371-8140(cell) r 1 - •� w Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, February 25, 2019 10:40 AM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Norklun, Stacey; Born, Sabrina; Smith,Jennifer Subject: FW: [SPAM] -Zoning Change on Fishers Island FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL,Officer Marriage Officer PO Boa 1 179 Southold,NY 11971 Tel. 631 765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Deborah Edwards [mailto:deborahledwards@gmail.coml Sent: Sunday, February 24, 2019 1:17 PM To: Neville, Elizabeth Ce: Denise + Klaus Fohlmeister; James Reid; Bethcashel@gmail.com; iessidoyleCabgmail.com; Chris +Trudi Edwards Subject: [SPAM] - Zoning Change on Fishers Island I'm Debbie Edwards and my sister, Denise Fohlmeister, and I own Sonny's Place on the corner on Crescent and Central. As we cannot make the meeting on Tuesday, we would like to express our objection to the zoning change proposed by FIUC for the Briar Patch on Fishers Island. While we understand the need for affordable housing on the Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach,they are not the best of neighbors and we believe affect our property values are affected due to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution. Debbie Edwards deborahledwards[at]gmail com 520-529-7461(home) 312 371-8140(cell) 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, February 25, 2019 3:11 PM To: 'Martin Finnegan' Cc: Lynne Krauza (Ikrauza@suffolklaw.com) Subject: FW: [SPAM] -Zoning Change on Fishers Island Martin, This was received by e-mail this morning. Betty From: Neville, Elizabeth Sent: Monday, February 25, 2019 10:40 AM To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle; William Ruland Cc: Norklun, Stacey; Born, Sabrina; Smith, Jennifer Subject: FW: [SPAM] - Zoning Change on Fishers Island FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1 179 Southold,NY 11971 Tel.631 765-1800, Ext.228 Fax 631 765-6145 Cell 631 466-6064 From: Deborah Edwards [mailto:deborahledwards@gmaii.com] Sent: Sunday, February 24, 2019 1:17 PM To: Neville, Elizabeth Ce: Denise + Klaus Foh[meister; James Reid; Bethcashel@amail.com; jessidoyle@gmail.com; Chris +Trudi Edwards Subject: [SPAM] - Zoning Change on Fishers Island I'm Debbie Edwards and my sister, Denise Fohlmeister, and I own Sonny's Place on the corner on Crescent and Central. As we cannot make the meeting on Tuesday, we would like to express our objection to the zoning change proposed by FIUC for the Briar Patch on Fishers Island. While we understand the need for affordable housing on the Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach,they are not the best of neighbors and we believe affect our property values are affected due,to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution. i J-. Debbie Edwards deborahledwards[at]qmail.com 520-529-7461(home) 312 371-8140(cell) 2 esti+ Twome V Latham y SHEA, KELLEY, DUBIN & QUARTARARO, LLP Martin D.Finnegan Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr (1945-2014) Stephen B Latham John F Shea,III Christopher D Kelley David M Dubin -.- Jay P Quartararo t Peter M.Mott Janice L Snead February 25, 2019 RECEIVE{ Anne Marie Goodale Bryan C Van Cott Kathryn Dalli Laura I Dunathan By Hand FEB 2 5 KID Lisa Clare Kombrink Patrick B Fife Martin D.Finnegan o Ms. Elizabeth A.Neville, Town Clerk Pagano ■ Southold Town Clerk Jeffrey W Pa Reza Ebr Town of Southold P.O. Box 1179 Bryan J.Drago Southold,NY 11971-0959 Bernadette E.Tuthill Craig H Handler Alexandra Halsey-Storch Re: Change of Zone Application for Fishers Island Utility Melissa S Doris Katerina Grinko Company Lorraine Paceleo Premises: Corner of Central and Crescent Avenues, Terrence Russell Daniel R Bernard to Fishers Island, NY Christina M.Noon SCTM#1000-6-6-20.8 OF COUNSEL Public Hearing Date: February 26, 2019 at 4:31 p.m. Kevin M Fox Kelly E Klnirons Dear Betty: Karen A.Hoeg Patricia J.Russell Jennifer P.Nigro . With respect to the above-referenced Application, enclosed please find NY&LA BARS the original executed and notarized Affidavits of Mailing and Posting for t LL M IN TAXATION filing with your office. ♦ NY&NJ BARS O NY,NJ&PA BARS eNY,NJ&DC BARS • NY,NJ&FL BARS If you have any questions regarding the enclosed, please feel free to Main Office contact me. Thank you for your assistance. 33 West Second St. P.O.Box 9398 Riverhead,NY 11901 V truly yo s, 631.727.2180 suffolklaw.com Martin . Finnegan MDF/lk Enclosures * -A AFFIDAVIT OF MAILING This is to serve notice that I personally sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached hereto, to the owners of record of every property which abuts and every property which is across from the subject property located on the corner of Central and Crescent Avenues, Fishers Island, NY, SCTM #1000-6-6-20.8. kazo ill e— K,-U L-e -c:k Your,Name (print) 09 Iyu re P.O. 336, Laurel, NY 11948 Address February 13, 2019 Date Sworn to before me this day of Febru , 2019. ary Public KATERINA 0100 WJEZADA NGtffVPU1ftftWQ11hWYOrk fteldsmaCua1HW In County Comminlon EWWAUP0 05,2021 Re: Change of Zone Application for Fishers Island Utility Company/Briar Patch SCTM#: 1000-6-6-20.8 Date of Public Hearing: Tuesday, February 26, 2019, 4:31 p.m. - --Ij — - — _ I ' • ' • '�GERTIFIED MAIL' RECEIPT CERTIFIED:.MAIV PT . 3 Domestic M ail Onlkfrl Domestic Mail Orly N c0 co . 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Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*^" n i.,—„ i U.'i ❑Signature Confirmation 7 017 0190 0000 7461 4876 tricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i , SENDER: • • SECTIWOMbELIVERY F Complete items 1,2,and 3. A. Signature ��S ■ Print your name and address on the reverse Cy4e$t so that we can return the card to you, wv V v` d ss e ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.j�� of D IEue or on the front if space permits. A. d r 1. Article AddressedPo- n D. Is delivery address different fr it� If YES,enter delivery address 3 0 C�- '�1 go P �_ px3. 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Service Type ❑Priority Mail Expresso II I IIIIII IIII III I III I i IIII I III VIIII i I III II III ❑Adult Signature ❑Registered Mail � ❑Adul nature Restricted Delivery ❑Registered Mad Restricted fled Mail® Delivery 9590 9402 2784 6351 2383 66 ❑Certified Mad Restricted Delivery ❑Return Receipt for } 11 Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery El Signature Confirmation 4 2. Article Number(transfer from service label) ❑Restrict d Delivery ature tion 7 017 0190 0000 7461 4920 estricted Delivery l: Domestic Return Receipt PS Form 3811,July 2015 PSN 7530-02-000-9053 i i ® Complete items 1,2,and 3. A. Signature 7� gent lie Print your name and address on the reverse X % rte A dressee so that we can return the card to you. g, Received by(Printed Name) C.Date of Vivery ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Cf1 fYes ��y �. J If YES,enter delivery address below: No D_lc_ /)yj ooa� III I II III 3. Service Type ❑Priority Mad Expresso Iilllllll IIII llllllllllllll 1111111111 ❑Adult Signature ❑RegiteredMail E3❑Adult Signature Restricted Delivery RegisRestricted Maii Restricted m.Gerttftetl Malle Delivery 1 9590 9402 2784 6351 2383 59 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation7m 2. Article Number(Transfer from service label) ❑Insured Mail ❑Signature Confirmation 7 017 0190 0000 7461 4937 cted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' s • ON • • • . N Complete items 1,2,and 3. A• 'gnature ¢� Agent I ■ Print your name and address on the reverse ❑Addressee , so that we can return the card to you. M Attach this card to the back of the mailpiece, g• R ceived by(Printed Name) C. Date of Dell ery I or on the front if space permits. cat I 1. Article Addresse to: D. Is delivery address different from item 1? Yes I \�� If YES,enter delivery address below: 0 No O �Ox :0,:;? - ( v -5 C I 3. Service Type ❑Priority Mail Expresso I i ❑Adult Signature ❑Registered MaiITM II I IIIIII IIII III I III I I II II I III IIII'I III I II I III ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, C3 CSE fled Ma I0 Delivery 9590 9402 2784 6351 2383 42 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect an Delivery Merchandise I prtirla NS imhar ffransfer from service/abe0 ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation Tm 2 ❑Signature Confirmation 701? 0190 0000 7 4 61 4944 Restricted Delivery Restricted Delivery I � PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt T r ON 0 0 0 0 0 ■ Complete items 1,2,and 3. A si natur 15 t ■ Print your name and address on the reverse so that we can return the card to you. (Printed Na ate of ery ■ Attach this card to the back of the mail iece, B. Received by 6,1'1 � n j or on the front if space permits. p 1. Article Addressed to: D. Is delivery address differen fro terjMlf Ul s if YES,enter deliveryaddr b o ' o 639 tv 3. Service Type ❑Priority Mail Express@ II I IIIIII I'II III I III I I II II I III IIII II II I II I I III ❑Adult Signature ❑Registered MalRestricted❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ied WHO Delivery 9590 9402 2784 6351 2384 27 ❑Certified Mail Restricted Delivery 13 Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 2. Ar icle Number(transfer from service label) n�nmir.,1 Mad ❑Signature Confirmation Kricted Delivery Restricted Delivery 7017 0190 0000 7462 6039 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt a TwomeyM L Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February 13 2019 John F.Shea,III Christopher D.Kelley David M Dubin •. Jay P.Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certiried Mail, Return Receipt Requested Bryan C.Van Cott 4 Kathryn Dalli Laura I Dunathan Edwards Family LLC Lisa Clare Kombrink Patrick B Fife c/o Deborah L. Edwards Martin D Finnegan o Reza Ebrahimi 3555 E. Placita De La Raza Jeffrey W Pagano © Tucson, AZ 85718-7448 Bryan J Drago Re: a o Chan f Zone Application for FishIsland Utility Company/ Bernadette E Tuthill g pp on Fishers an �' om Pan y Craig H Handler Briar Patch Alexandra Halsey-Storch Melissa S.Doris Premises: Corner of Central and Crescent Avenues, Fishers Katenna Grinko Island, NY/SCTM#1000-6-6-20.8 Lorraine Paceleo Terrence Russell Daniel R.Bernard to Dear Ms. Edwards: Christina M.Noon OF COUNSEL Please be advised that this office represents the Fishers Island Kevin M Fox Kelly E.Klnirons Utility Company which has filed a Change of Zone Application with the Karen A Hoeg Southold Town Board with regard to the property referenced above. Patricia J Russell Jennifer P.Nigro 6 A public hearing has been scheduled for Tuesday,February 26, • NY&LA BARS 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, t LL M IN TAXATION 4 NY&NJ BARS New York. A copy of the Hearing Notice is enclosed for your review. O NY,NJ&PA BARS A NY,NJ&DO BARS A NY,NJ&FL BARS If you have any questions with regard to this Application, please Main Office feel free to contact this office. 33 West Second St. P.O.Box 9398 Riverhead, NY 11901 ry truly urs, 631.727.2180 suffolklaw.com Mart' . Finnegan MDF/lk Enclosure RESOLUTION 2018-1078 M� ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD(Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26`h day of February,2019 at 4:31 p.m, and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P.Ruland,Councilman SECONDER:Louisa P.Evans,Justice AYES: Dinizio Jr,Ruland,Doherty,Ghosio,Evans,Russell Twomey V Latham Martin D.Finnegan SIAEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr. (1945-2014) Stephen B Latham February 13 2019 John F Shea,III ar Christopher D Kelley David M Dubin •. Jay P.Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail,Return Receipt Requested Bryan C Van Cott 9 Kathryn Dalli Laura I.Dunathan Island Peoples Project Lisa Clare Kombrink Patrick B.Fife P.O. Box 523 Martin D Finnegan o Reza Ebrahiml Fishers Island,NY 06390 Jeffrey W.Pagano 4 Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S.Doris Island, NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell To Whom It May Concern: Daniel R Bernard to Christina M.Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Southold Town Board with regard to the property referenced above. Kelly E Kinirons Karen A Hoeg PatJennifer ifecia J.Russell A public hearinghas been scheduled for Tuesday, February 26 Jenrnfer P Nigro 9 "`J , 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXAI ION O NY&NJ BARS O NY,NJ&PA BARS o NV,NJ&DC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O.Box 9398 VeV. innegan s, Riverhead, NY 1990'1 631.727.2180 sufFolklaw.com Mar MDF/lk Enclosure RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26`h day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. cj6aiwa 040,�?L Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] .MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland,Doherty, Ghosio,Evans,Russell TwomeyV L Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February John F Shea,III 13, 2019 Christopher D Kelley David M Dubin -.- Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott Kathryn Dalli Laura I Dunathan Island Health Project Lisa Clare Kombrink Patrick B Fife P.O. Box 344 Martin D.Finnegan o Reza Ebrahiml Fishers Island, NY 06390 Jeffrey W Pagano Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Islandf NY/SCTM#1000-6-6-20.8 Katerina Gnnko Lorraine Paceleo Terrence Russell To Whom It May Concern: Daniel R Bernard t© Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin Fox Kelly E..Klnlrons g Southold Town Board with regard to the property referenced above. Karen A.Hoeg Patricia J Russell Jennifer P Nigro 0 A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY,NJ&PA BARS M NY,NJ&DO BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 ery truly yo) o s, Riverhead, NY 11901 631.727.2180 sufFolklaw.coon Martin innegan MDF/lk Enclosure e `kl,o RESOLUTION 2018-1078 + � ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD (Hamlet Density;and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30) days prior to such hearing. aia&4o- Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey 17,A Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February13 2019 John F Shea,III Christopher D.Kelley David M Dubin •. Jay P Quartararo t Peter M.Mott Janice L Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott 0 Kathryn Dalli Laura I Dunathan Christopher and Trudi Edwards Lisa Clare Kombrink Patrick B Fife P.O. Box 167 Martin D.Finnegan o Reza Ebrahimi Fishers Island, NY 06390 br Jeffrey W Pagano ❑ Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E.Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Island, NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell Dear Mr. and Mrs. Edwards: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M.Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro a A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY NJ&PA BARS o NY,NJ&DO BARS If you have any questions with regard to this Application, please d NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 V y truly yours, Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin mnegan MDF/lk Enclosure RESOLUTION 2018-1078 ' + ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk Comity Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30)days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland,Doherty, Ghosio,Evans,Russell Twomey VA' Latham Martin D.Finnegan 5 H EA, KELLEY, DU B I N & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B.Latham February13 2019 John F Shea,III Christopher D Kelley David M.Dubin •. Jay P.Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott d Kathryn Dalli Laura I Dunathan Cary Brown Lisa Clare Kombrink Patrick B Fife 2916 Langford Drive Martin D Finnegan o Charlottesville VA 22903 Reza Ebrahimi � Jeffrey W Pagano d Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Island, NY/SCTM 91000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell Dear Cary Brown: Daniel R.Bernard t/A Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Kelly E Klnlrons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P.Nigro o A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, •• NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY,NJ&PA BARS M NY,NJ&DO BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O.Box 9398 V truly yours, Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin . F' egan MDF/lk Enclosure �0 � � � RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential) to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26a'day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30) days prior to such hearing. 4 Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P.Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February John F Shea,III 13, 2019 Christopher D Kelley David M Dubin Jay P Quartararo t Peter M.Mott Janice L.Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott O Kathryn Dalli Laura I Dunathan Paula Pendergast Trust Lisa Clare Kombrink Patrick B Fife 56 Tarpon Lane Martin D Finnegan o Reza Ebrahlml Key Largo, FL 33037 Jeffrey W Pagano Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Island Melissa S Doris ,NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell Dear Ms. Pendergast: Daniel R Bernard t© Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fax Kelly E Klnirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro © A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, ? NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL,M IN TAXATION 4 NY&NJ BARS O NY,NJ&PA BARS © NY,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 Ve ru y yo , Riverhead, NY 11901 631.727.2180 suffolklaw.com Marti innegan MDF/lk Enclosure RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density, and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold., New York,on the 26`"day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30)days prior to such hearing. ajmwo Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland,Doherty, Ghosio,Evans,Russell TwomeyVX Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr (1945-2014) Stephen B Latham February 13 2019 John F Shea,III Christopher D Kelley David M Dubin Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certiried Mail, Return Receipt Requested Bryan C Van Cott P Kathryn Dalli i Laura I Dunathan Ms. Mary Meyer Lisa Clare Kombrink Patrick B Fife 180 Riverside Drive Martin D Finnegan o Reza Ebrahlmi New York,NY 10024 Jeffrey W Pagano M Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Dons f Island NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell Dear Ms. Meyer: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A.Hoeg Patricia J.Russell Jennifer P Nigro © A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY,NJ&PA BARS m NY,NJ&DO BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 Very u y yo , Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin . Finnegan MDF/lk Enclosure RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it fiuther RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot 91000-6-6-20.8 R-80 (Residential) to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. �A 4 t?. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey VX Latham Martin D.Finnegan SHEA, KELLEY, DUBIN a QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr (1945-2014) Stephen B Latham February13, 2019 John F Shea,III Christopher D Kelley David M Dubin -.- Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certified Mail,Return Receipt Requested Bryan C Van Cott 0 Kathryn Dalli Laura I Dunathan Michael L. McLaughlin Revocable Trust Lisa Clare Kombrink Patrick B Fife P.O. Box 323 Martin D Finnegan o Reza Ebrahiml Aiven SC 29802 Jeffrey W Pagano u Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J.Drago Briar Patch Bernadette E Tuthill Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Island, NY/SCTM#1000-6-6-20.8 Katenna Grinko Lorraine Paceleo Terrence Russell Dear Mr. McLaughlin: Daniel R Bernard to Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M Fox Kelly E Kinirons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennrfer P Nigro o A public hearing has been scheduled for Tuesday,February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION 4 NY&NJ BARS O NY,NJ&PA BARS ® NY,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O.Box 9398 V . truly your Riverhead, NY 11901 631.727.2180 sufFolklaw.com Martin D. F' egan MDF/lk Enclosure RESOLUTION 2018-1078 +� ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot 91000-6-6-20.8 R-80 (Residential)to HD(Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30)days prior to such hearing. o N Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey FA' Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A.Twomey,Jr. (1945-2014) Stephen B Latham February 13 2019 John F Shea,III Christopher D Kelley David M Dubin •. Jay P Quartararo t Peter M Mott Janice L.Snead Anne Marie Goodale Via Certified Mail, Return Receipt Requested Bryan C Van Cott 0 Kathryn Dalli c� Laura I.Dunathan St, John's Lisa Clare Kombrink Patrick B Fife P.O. BOX 505 Martin D Finnegan o Reza Ebrahimi Fishers Island,NY 06390 Jeffrey W Pagano ❑ tto E Tuthill Re: Change of Zone Application for Fishers Island Utility Company/ Bernadette E Bryan J tBriar Patch Craig H Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S.Dons f Island NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell To Whom It May Concern: Daniel R Bernard to Christina M.Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M.Fox Kelly E Kinlrons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J Russell Jennifer P Nigro A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, • NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION 9 NY&NJ BARS U NY,NJ&PA BARS o NY,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Main Office 33 West Second St. P.O. Box 9398 very urs, Riverhead, NY 11901 631.727.2180 suffolklaw.com Martin D. egan MDF/lk Enclosure RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential) to HD (Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning,including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26`h day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10)days nor more than thirty(30) days prior to such hearing. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell Twomey FA' Latham Martin D.Finnegan SHEA, KELLEY, DUBIN & QUARTARARO, LLP Partner 631-727-2180,x-265 mfinnegan@suffolklaw.com Thomas A Twomey,Jr (1945-2014) Stephen B Latham February 13 2019 John F.Shea,III Christopher D Kelley David M.Dubin -*- Jay P Quartararo t Peter M Mott Janice L Snead Anne Marie Goodale Via Certirted Mail, Return Receipt Requested Bryan C.Van Cott Q Kathryn Dalli Laura I Dunathan Paul and Leslie Tombari Lisa Clare Kombrink Patrick B.Fife P.O. Box 357 Martin D Finnegan o Reza Ebrahimi Fishers Island, NY 06390 Jeffrey W Pagano is Re: Change of Zone Application for Fishers Island Utility Company/ Bryan J Drago Briar Patch Bernadette E Tuthill Craig H.Handler Premises: Corner of Central and Crescent Avenues, Fishers Alexandra Halsey-Storch Melissa S Doris Island, NY/SCTM#1000-6-6-20.8 Katerina Grinko Lorraine Paceleo Terrence Russell Dear Mr. and Mrs. Tombari: Daniel R Bernard t© Christina M Noon Please be advised that this office represents the Fishers Island OF COUNSEL Utility Company which has filed a Change of Zone Application with the Kevin M.Fox Kelly E Kunrons Southold Town Board with regard to the property referenced above. Karen A Hoeg Patricia J.Russell Jennifer P.Nigro © A public hearing has been scheduled for Tuesday, February 26, 2019 at 4:31 p.m. at the Southold Town Hall, 53095 Main Road, Southold, NY&LA BARS New York. A copy of the Hearing Notice is enclosed for your review. t LL M IN TAXATION O NY&NJ BARS O NY,NJ&PA BARS o NY,NJ&OC BARS If you have any questions with regard to this Application, please A NY,NJ&FL BARS feel free to contact this office. Mein Office 33 West Second St. P.O. Box 9398 Ve3Dionnegan rs, Riverhead, NY 11901 631.727.2180 suffol6claw.com Ma MDF/lk Enclosure RESOLUTION 2018-1078 %UR AADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80(Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York,on the 26`h day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30) days prior to such hearing. 27� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland,Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans,Russell AFFID"IT OF POSTING This i s to serve notice that 1 personally posted the property known as Corner of Central and Crescent Avenues, Fishers Island, NY, SCTM #1000-6-6- 20.8 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the streets where it can be easily seen, and that I have checked to be sure the posters have remained in place for at least seven days prior to the date of the public hearing on February 26,2019. S YourIName (pri t) S' n ture A) Addross j ?, M Dati Sworn to before me this day of February, 2019. "c�"� ` °'`� '� Notary{'JIU!C- i3`°OfNewya{ K6350454 C I:f atl in Suffolk County -: 'i"Ml hry Public (` C''r',i,as.on�xpi ac Nover b�r7,2020 • ,' ,e 2 �y .�•rY fr r . 'Cw t*at,k*Cdr!t7f�b�lkOnkt*+tIdt�lr�7rFAc�**1k#rs�r�trkikkrkee�,t,kit*r*s!r**�nkln4kie*�kkk�lri��t,kk,k*4kk,tr,ktttttie�,a*e* Re: 6han4e of Zone Application for Fishers Island Utility Comoany/Briar Patch SCTM#: 1000-6-6-20.8 Date�Of Public Hearing: Tuesday, February 26, 2019, 4:31 p.m. �lSy�"'IMI R, w1��t' , �•� ,�''y� . ` •r� 4 ', tJ' 'f �• � 1 `��,y r 'y, f i 1 �: y� Icy iLl/��/� r � AP if Am mow 07 11 ' 'r I l w� -r 4 a ,1 I" 71 sMIT y ' ON IVJ a 3 - /�• stiff' - - � y; � �� 'C .:% e fi .e v OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �%®f ®�,�® P.O. Box 1179 54375 State Route 25 �® �® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 www.southoldtownny.gov COW PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Town Supervisor Members of the Town Board RECEIVED cc: Elizabeth A. Neville, Town Clerk William Duffy, Town Attorney FEB 1 5 2018 From: Donald J. Wilcenski, Chairman o�, Southold Town Clerk Members of the Planning Board Date: February 15, 2018 Re: Proposed Change of Zone for Fishers Island Utility Co. S.C.T.M.# 1000-6.-6-20.8, aka "Briar Patch", located at the intersection of Central and Crescent Avenue, Fishers Island Enclosed please,find the Planning Board's report regarding the change of zone proposed for the parcel referenced above. I l Southold Town Planning Planning Report Change of Zone Request: Fishers Island Utility Company Briar Patch property 1-26-2®18 Planning Report: Fishers Island Utility Company Change of Zone Request Introduction The Fishers Island Utility Company(FIUC)provides the electric, water and telephone utilities to Fishers Island residents. Providing continuous service,particularly during emergency situations, requires employees to be available in all weather conditions. Employees that do not live on the island face challenges travelling to the island due to its geographic isolation. The only transportation connections are by air or water. The ferry service is limited in that it makes as few as four runs a day, and during heavy weather it may be shut down. To be most effective and able to respond to emergencies, employees must live on the island. Housing for FIUC employees,however, has become scarce. The high demand for second homes has raised the prices far beyond what FIUC employees can afford, and year-round rentals are not readily available. While a similar situation is occurring throughout Southold Town, Fishers Island is experiencing it much more acutely. The 2010 Census showed over 80%of the homes on the island are seasonal second homes, while for the overall Town that percentage was 37%. There are ongoing efforts on the island to create year-round affordable housing. The Walsh Park Benevolent Corporation has been working to provide year-round homes to island families for many years. They maintain 27 housing units, some rentals, some owner-occupied. The FIUC reports that although the Walsh Park Benevolent Corporation does house one FIUC employee, it does not house single males(they only allow families), and it currently has no available housing. To ensure that there are FIUC employees available at all hours and in all weather conditions,the FIUC is proposing to build their own employee housing. Although they have expressed interest in building on several different parcels,the focus of this report is on their property known as the Briar Patch(Figure 1). They are requesting a change of zone from Residential-80 to Hamlet Density to increase the number of residential dwellings permitted on this parcel from one to two. Briar Patch Parcel Statistics • S.C.T.M. 1000-6.-6-20.8 • 1.28 acres (including 0.5 acres wetlands and an unknown area of right of way) • Current zoning: Residential-80 (R-80) • Proposed zoning: Hamlet Density Residential (HD) • Proposed construction: 2-family dwelling o Each unit is proposed with a separate driveway and garage o All setbacks are proposed to be met, including 100' from the wetlands Zoning and Land Use Analysis Most of the land on Fishers Island is zoned residential, with the eastern two-thirds zoned Residential-120. The west end contains mainly R-80, and with some R-40, a large block of R- 400 (town-owned lands around the airport and parade grounds), and a few scattered commercial zones. The parcel proposed to be re-zoned is located on the west end of the island. It is surrounded on three sides by R-80 zoning. On the eastern side is R-40 zoning(Figure 2). The parcel 1 Planning Report: Fishers Island Utility Company Change of Zone Request immediately adjacent to the west is used as a doctor's office, and contains a two story house with examination rooms and administrative offices on the ground floor, an apartment for visiting doctors on the second floor and parking lots on the side and back. To the north is a vacant lot,to which the wetlands on the subject parcel act as a buffer. To the east the subject parcel is bordered by Crescent Avenue and, across that street,two lots with single family homes (one I- acre lot, and one '/2-acre lot). The parcel is bordered to the south by Central Avenue and, across that street, a recreation area with the island's ball field. The FIUC owns a large parcel across the street to the southeast that is currently vacant and is zoned R-80. The average size of parcels within 1,500 feet of the subject property is 1 acre. See attached map showing parcel sizes, with the smallest being only about a 1/20th of an acre and the largest being about 7.5 acres (Figure 3). The uses in the immediate area include mostly residential with some commercial and other uses mixed in. These include a marina, an American Legion, a boat storage yard,the supermarket, a landscaping business contractor's yard, Fishers Island Yacht Club, a gasoline service station, a real estate office, and the small hamlet center including retail uses,the fire station, and offices for the utility company. Under the current R-80 zoning this property is considered pre-existing and non-conforming in terms of lot area. The minimum lot area in the R-80 zoning district is 80,000 sq. ft.,where the subject parcel is 55,757 sq. ft. A two-family dwelling under the current zoning requires a Special Exception approval by the Zoning Board of Appeals, and a minimum lot size of 160,000 sq. ft. The FIUC has requested that the property be re-zoned to the Hamlet Density (HD) zoning district where a two-family dwelling is a permitted use. The minimum lot size for a two-family dwelling where public water is available is 40,000 sq. ft., and the subject parcel, at 55,757 sq. ft. would meet that requirement. Further a single two-family dwelling is not required to obtain site plan approval from the Planning Board. The minimum lot size could be further reduced to 20,000 sq. ft. if community sewer were available. This would appear to permit up two two-family dwellings on the subject parcel, however more than one two-family dwelling requires a residential site plan. The residential site plan regulations in Town Code trigger review of the yield relative to buildable lands, and the + wetland and right of way areas would be required to be deducted from buildable lands. This would result in not enough buildable lands to support two two-family dwellings, and so even with community sewer,the parcel would likely yield only one two-family dwelling. The HD zoning district is not common in Southold Town. It occurs on parcels in various locations both on Fishers Island and mainland Southold. On Fishers Island, there are fifteen parcels zoned HD, fourteen of which are clustered together on Whistler Avenue, and one located on Montauk Ave. All but one parcel are small,ranging in size 7,000 sq. ft. to 31,000 sq. ft. The largest is 3.8 acres,however only 1 acre of that is zoned HD. The other 2.8 acres is zoned R-40. Some of the HD zoned parcels contain multiple dwellings,while others contain single family homes. The cluster of parcels on Whistler Avenue are located next to R-40 zoning, as well as R- 400 and Marine II. The small HD parcel on Montauk Ave is surrounded on three sides by R-40 zoning, and one side by the General Business zoning district. 2 Planning Report: Fishers Island Utility Company Change of Zone Request The Town Code restricts the location of the Hamlet Density zoning district by petition to locations that do not include Fishers Island. It appears, however,that the code does permit the Town Board wider discretion when the zone change is done upon its own motion. §280-21 Applicability The Hamlet Density (HD)Residential District may be designated on the Zoning Map by the Town Board upon its own motion or by petition on parcels within 1/2 mile of a Hamlet Business (HB) District of Mattituck, Cutchogue and Southold Hamlet and within 1/4 mile of the Hamlet Business (HB)District of Orient and within 1/2 mile of the boundary of the Village of Greenport. The purpose of the HD zoning district as written in Southold Town Code is as follows: §280-20 Purpose. The purpose of the Hamlet Density (HD) Residential District is to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers,particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport. The subject property generally meets the purpose by its location within 1/4 mile of the hamlet center of Fishers Island, and 1/4 mile from the only grocery store on the island. Also, the proposed development of a two-family home meets the purpose by adding diversity to the mix of housing types, which are mostly single family homes. The overall density of Fishers Island's residential development is 0.25 dwelling units per acre (or one unit every four acres). The addition of a two-family home to the subject parcel would equal a density of 1.6 units per acre. While this is higher than the average density of the entire island, it is somewhat representative of the density on the west end of the island. If examined separately from the rest of the island and excluding large areas of open space such as the parade grounds and the golf course, the density of the west end is approximately 1 dwelling unit per acre. In addition,there are pockets of much higher density with houses on 1/2 acre or less. The result of this proposed change of zone from R-80 to Hamlet Density will be one additional dwelling unit. The subject parcel is situated so that there would be no impacts to public view- sheds, or interference with views of the water. There is only one residential neighbor that is immediately adjacent to the area of the parcel that would be developed. The proposed development of one 2-family house would be a permitted use in the HD zone and would not require a site plan or subdivision. Potential adverse impacts to the environment as a result of this potential zone change initially appear to be small, especially if mitigation is provided to lessen or prevent groundwater pollution by wastewater. One way to mitigate impacts would be to require the use of an innovative alternative on-site wastewater treatment system that reduces nitrogen inputs to groundwater. These systems are now able to be approved as-of-right by the Suffolk County Department of Health Services under their Article 19. These systems have been proven to reduce the nitrogen 3 Planning Report: Fishers Island Utility Company Change of Zone Request inputs to groundwater by at least half that of traditional septic systems. Further mitigation would be provided by locating the house well outside the 100-foot setback from freshwater wetlands on the property,though this will need further review by regulating agencies (see attached wetland map Figure 4). The compatibility with surrounding uses and zoning, however, is not reason enough to consider a zone change for this parcel. The expected result of year-round housing and its overall benefit to the community is the compelling reason for the Town Board to consider this zone change. The island is losing year-round residents. It is the year-round residents that provide the fabric of the community. The fire department,the school, and the local businesses all depend on year-round residents to exist. Any consideration for granting this zone change should include a perpetual condition that the occupancy be for year-round residents for whom this is their primary residence. To grant this zone change without any restriction is not recommended because there is no guarantee that it will be used for year-round residents should circumstances change for the utility company. Conclusion The Planning Board recommends this parcel for an increase in density to provide year-round housing based on the following factors from the analysis above: 1. the small size of the parcel, which limits residential density to only one more dwelling unit; 2. the location near the hamlet center; 3. development of the parcel will not impede views from public vantage points of scenic resources (generally the scenic resources in this area would be views of the water); 4. the ability to mitigate environmental impacts to groundwater by choosing improved wastewater treatment, and to wetlands by providing a substantial buffer(>100'); 5. the need for the FIUC to house employees on the island, especially for emergency situations; and 6. the need for year-round housing on Fishers Island. If the Town Board agrees to increase the density of this parcel by changing the zone to the Hamlet Density district, the Planning Board strongly recommends a restriction that guarantees the underlying purpose of the zone change, to provide year-round housing, is required via a perpetual covenant. In light of recent changes in the Town Code to the Affordable Housing zoning district(AHD), further consideration should be given to the question of whether the Affordable Housing zoning district would be more appropriate than the HD zone. The changes to the Town Code include removing the requirement for a lottery system for rentals, as well as the priority system for residents. The lottery was not a workable system for small rental properties because landlords were not able to choose their tenants. Instead of a lottery,property owners of rentals required to meet the AHD can now choose their tenant from amongst anyone that is income-eligible and is on the Town's registry. This would allow the FIUC to choose their employees as tenants in the FIUC housing, so long as their employees are eligible to be on the Town's list. The main 4 r Planning Report: Fishers Island Utility Company Change of Zone Request consideration will be whether the employees the FIUC needs to house meet the income requirements and are eligible to be added to the Town's Registry. If not,then the HD zone may be the only option. Please note,the Fishers Island Utility Company in their memorandum of October 25, 2017, included their 7.5-acre parcel on West Harbor as a possible additional future location for a change of zone from R-80 to HD, as well as other parcels owned by the Fishers Island - Development Corporation. This report does not analyze any other parcel on Fishers Island for a zone change. Any future requests to change zoning must be analyzed individually and based upon the unique characteristics of the parcel in question. 5 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone /N Briar Patch A Briar Patch Parcel Aerial 2013 image o 125 250 500 Feet r;�1 t 1 C Boardinghouse rPd Ave .tj`'ir'�^ w� ,•. y C Q �� _ o^ B orb" �,/ `'y!'' e � � �sN�.� •1 r r pay Rd ,Q �a r &*V ry 4 y 1 w 'o�' ,9 r 4 � -� f �, �Madeitrie pvc "✓ Office 1 0 �o a/ave o 1 ' �yoRn ..-;, : -•. ;;. A.. r.T.lacl-i;.C.l110 rirehou„ �� ,3+ West r ��cock Ro4w Westst - i 607rti"sy �. Museum AlPi m .f BF oYo ,y m Figure 1. 6 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone Briar Patch Zoning Map Briar Patch Parcel ZONING AHD - B - HB HD i LB Mil R-120 R-40 - R-400 R-80 N 5 dm 0 500 1,000 2,000 Feet Figure 2. 7 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone Briar Patch 1500'from Briar Patch Parcel N Briar Patch Parcel Surrounding P)cel Sizes 0 125 250 500eet acres O9 1 43 1.89 001 8.2 0 95 N c 1• n ti N m o S8 393 O w N o 389 0 93 °' m 2q 2.02 c 21 1.75 1.93 331 981 43 1.4 04 010 0 D O b O• 1.6 1 02 0 4y OpJS 347 1 5 156 OHO 1 2.39 O� 1.51 a 2� 154 1.08 ti 0 6 0 157 2 ^ 1.11 0.6�S &0w G 2.12 o pi O s co e 304 �'45 2.04 Z3 m 94 M N ac 7.46 o v+ 3.29 > a > .15 m 339 1.69 es 222 y2 1.77 A 3 0� 0 0 1.64 m A`5 0 0 82 362 O• ,5 FIs S � ^ 3 1 35 O� 2 46 G �� p 0 1.58 1.96 OB8 O OCL O10 a 01 A Z•� � Figure 3. 8 Planning Report: Fishers Island Utility Company Change of Zone Request Fishers Island Utility Company Change of Zone Briar Patch Wetlands o 125 250 500 Feet Briar Patch Parcel Freshwater Wetlands V io O� s o� m Madeline N A N A o� Se G� on�14k Figure 4. 9 r Rudder, Lynda r From: Martin Finnegan <mfinnegan@suffolklaw.com> Sent: Friday, February 15, 2019 9:46 AM To: Rudder, Lynda Subject: Re: FI Utility COZ Yes! Martin Finnegan, Esq. Twomey, Latham, Shea, Kelley, Dubin &Quartararo, LLP Sent from my iPhone On Feb 15, 2019, at 9:23 AM, Rudder, Lynda <lynda.rudder@town.southold.nv.us>wrote: Has the Notice of Public Hearing been posted at the property? A� Lynda M Rudder Principal Account Clerk Southold Town Clerk's Office 53095 Main Road,PO Box 1179 Southold,NY 11971 631/765-1800 ext 210 631/765-6145 1 #0002308480 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 02/07/2019 Principal Clerk Sworn to before me this P—day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified In Suffolk County My Commission Expiroo Fobruory 28,2020 SL e YPESET: Wed Jan 30 16:21.06 EST 2019 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is con- sidering the Change of Zone application of the Fishers Island Utility Company,Inc.on the property identified as Briar Patch located at the west end of Fishers Island at the comer of Central and Crescent Avenues,Fishers Is- land, New York, SCTM# 10004-6-20 8 from R-80(Residential)to HD(Hamlet Den- sity);and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the 26th day of February,2019 at 4:31 P.M.at the Southold Town Hall located at 53095 Main Road, Southold,New York,and directs the Town Clerk to publish notice of such application in the Suffolk Times and the New London Day newspapers not less than ten(10)days nor more than thirty(30)days prior to such hear- ing, on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property iden- tified on the Suffolk County Tax Map as Lot #1000-6.-6-20.8 from R-80(Residential)to HD)Hamlet Density) all that certain tract, plot,piece or parcel of land,lying,being and situated at Fishers Island,Town of Southold, County of Suffolk and State of New York and more particularly being bounded and de- scribed as follows: BEGINNING at a merestone set at the inter- section of the Northeasterly line of Central Avenue and the Northwesterly line of Cres- cent Avenue, said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Sta- tion"PROS"and thence running North 71 de- grees 27 minutes 10 seconds West 155.00 feet along said Northeasterly line of Central Ave- nue to a monument;thence North 14 degrees 31 minutes 20 seconds East 324.82 feet to a point;thence North 82 degrees 40 minutes 00 seconds East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; thence South 14 degrees 31 minutes 20 sec- onds West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning.Subject property consists of 55,757 square feet=1.28 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated:January 23,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk 2308480 v LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of-Southold is considering the Change of Zone application of the Fishers Island Utility Company, Inc. on the property identified as Briar Patch located at the west end of Fishers Island at the corner of Central and Crescent Avenues, Fishers Island,New York, SCTM# 1000-6.-6-20.8 from R-80 (Residential ) to HD (Hamlet Density); and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on the 26th day of February, 2019 at 4:31 P.M. at the Southold Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times and the New London Day newspapers not less than ten (10) days nor more than thirty (3 0) days prior to such hearing, on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property identified on the Suffolk County Tax Map as Lot#1000-6.-6-20.8 from R-80 (Residential) to HD )Hamlet Density) all that certain tract, plot, piece or parcel of land, lying, being and situated at Fishers Island, Town of Southold, County of Suffolk and State of New York and more particularly being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue, said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 71 degrees 27 minutes 10 seconds West 155.00 feet along said Northeasterly line of Central Avenue to a monument; thence North 14 degrees 31 minutes 20 seconds East 324.82 feet to a point; thence North 82 degrees 40 minutes 00 seconds East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; thence South 14 degrees 31 minutes 20 seconds West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated: January 23, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on February 7, 2019 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall,'P.O. Box 12179, Southold,N.Y. 11971 Copies to: The Suffolk Times; The New London Day; Town Board; Town Attorney; Town Clerk Bulletin Board; Town Website; Fishers Island Utility Company; Martin D. Finnegan, Esq. Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, January 30, 2019 4:08 PM To: 'legals@timesreview.com'; 'lisaahfinn@gmail.com'; denise@southoldlocal.com; 'legal@theday.com'; F.I. Fog Horn (ficommunityboard@gmail.com); 'finyinfo@gmail.com'; Reisenberg, Lloyd Cc: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland; Evans, Louisa; Geb Cook (gcook@fiferry.com); gmurphy@fiferry.com; Michaelis, Jessica; Martin Finnegan Subject: Legal Notice for F.I. Utility Co.,Change of Zone Application Attachments: LEGAL NOTICE.DOCX Importance: High Please publish in the February 7, 2019 edition of the Suffolk Times and the New London Day newspapers and on the Town Website. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 1 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 28th day of Janaury , 2019, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. FI Utility Company COZ PH 2/26 4:30 pm Elizabeth A. Neville Southold Town Clerk Sworn before me this 28th day of Janua , , 2019. otary Public LYNDA M. RUDDER Notary N b01 state of �York RU6020932 Qualified in Suffolk County Commission Expires March 8.20 DECEIVE® JAN 8 2019 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold 'Town Clerk Department of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner Division of Planning and Environment December 27, 2018 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Resolution 2018-1078 Local Law to amend Zoning Map Of the Town of Southold S.C.P.D. File No.: SD-18-LD Dear Ms.Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andrew P. Frele g Chief Planner l APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday,January 24, 2019 11:39 AM To: Martin Finnegan Cc: Lynne Krauza (Ikrauza@suffolklaw.com) Subject: F.I. Utility Change of Zone Application Attachments: Chapter 55 P.H. Notice O_20190124110602.pdf; Signage for posting property.doc Good Morning Martin, I have the legal notice of public hearing ready for publication. I will be sending it to the Suffolk Times and the New London Day for publication next Wednesday 1/10/19 for publication in their newspapers on February 7, 2019. We have discussed the requirements of Chapter 55 "Public Hearings, Notice of": The first of which is the posting of the property with a sign(s) advertising the application and date of public hearing. I have the paper sign(s) made up, but the applicant will have to provide their own signboard structure(S)to place them on. I thought perhaps you could make arrangements through Louisa Evans when she comes to the Town Board meeting next Tuesday, January 29 to take the signs back and give them to the Utility Company to post. Or perhaps you would rather send them'directly to the Utility Company and discuss the requirements for posting the signs with them. The 2nd requirement is for the applicant or petitioner to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property, return receipt requested, posted-at seven (7)days prior to the date of the initial publication on the application......... The Suffolk County Planning Commission has responded to my referral and considers it to be a matter for local determination. I have their letter in the file and I believe I sent you a copy. "Attachments(2) Chapter 55 Public Hearings, Notice Of; &Signage for Posting Property Please call me with any questions at 631466-6064 or 631987-2610 Elizabeth A.Neville,MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 Notice of Hearin g A public hearing will be held at Town Hall , 53095 Main Road , Southold , NY, concerning this property: OWNER ( S ) OF RECORD : FISHERS IIISLAND UTILITY COMPANY-BRIAR PATCH NAME OF APPLICATION : CHANGE" OF ZONE APPLICATION REFERENCE/TAX MAP # : SCTM # 1000- 6.6-20.8 This proposed Change of Zone application proposes to SUBJECT OF HEARING : change the property from 11R-80 (Residential) to HD Hamlet Density TIME & DATE HEARING : TU ES DAY, FEBRUARY 26, 2019 @ 4: 31 P . M . If you have an interest in this project , you are invited to view the Town file ( s ) which are available for inspection prior to the hearing during normal business days between the hours of Sam and 4pm . - TOWN BOARD - TOWN OF SOUTHOLD - ( 631 ) 765 - 1800 ' Neville, Elizabeth From: Lynne Krauza <Ikrauza@suffolklaw.com> Sent: Tuesday,January 22, 2019 11:55 AM To: Neville, Elizabeth Cc: Martin Finnegan Subject: Re: F.I. Utiity Co.,Inc.Change of Zone Application You are very welcome! Lynne Krauza Legal Assistant to Martin Finnegan and Lisa Clare Kombrink Twomey, Latham, Shea, Kelley, Dubin& Quartararo, LLP 33 West Second Street P.O. Box 9398 Riverhead,New York 11901-9398 631-727-2180 (ext. 252) fax: 631-727-1767 Confidentiality Notice: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. Thank you. On Jan 22, 2019, at 11:40 AM,Neville, Elizabeth<E.Neville@town.southold.ny.us>wrote: Thank you to all. Betty From: Lynne Krauza [mailtoftrauza(asuffolklaw.com] Sent: Tuesday, January 22, 2019 11:00 AM To: Neville, Elizabeth Cc: Martin Finnegan Subject: Re: F.I. Utiity Co., Inc. Change of Zone Application See attached! ' Lynne Krauza Legal Assistant to Martin Finnegan and Lisa Clare Kombrink Twomey, Latham, Shea, Kelley, Dubin& Quartararo, LLP 33 West Second Street 1 } P.O. Box 9398 Riverhead,New York 11901-9398 631-727-2180 (ext. 252) fax: 631-727-1767 Confidentiality Notice: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. Thank you. On Jan 22, 2019, at 10:44 AM,Neville, Elizabeth <E.Nevillegtown.southold.ny.11s>wrote: Wow! That was quick. I did not even have to send the second e-mail I just typed! However, the last sentence should read: "Subject property consists of square feet = acre(s). Betty Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: Lynne Krauza [mailto:Ikrauzaasuffolklaw.coml Sent: Tuesday, January 22, 2019 10:39 AM To: Neville, Elizabeth Cc: Martin Finnegan Subject: Re: F.I. Utiity Co., Inc. Change of Zone Application Hi Betty, See attached metes and bounds description as requested. Thanks! Lynne Krauza Legal Assistant to Martin Finnegan and Lisa Clare Kombrink Twomey, Latham, Shea, Kelley, Dubin& Quartararo, LLP 33 West Second Street P.O. Box 9398 Riverhead,New York 11901-9398 2 631-727-2180 (ext. 252) fax: 631-727-1767 Confidentiality Notice: The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person. Thank you. On Jan 22, 2019, at 10:06 AM,Neville, Elizabeth <E.Neville@town.southold.ny.us>wrote: Good Morning Martin, I am just going over this file in preparation of typing the legal notice for advertisement in the newspapers. I do not see an actual ???metes and bounds description??? of the property prepared by the surveyor. All I see is a photocopy of an old deed from 1966 very generally describing the property. Please call me. Betty Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 3 nECEiVED JAN 2 2 2019 FISHERS ISLAND UTILITY COMPANY,INC. SCTM#1000-6.-6-20.8 Southold Town Clerk A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue, said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S.Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 71`27' 10"West 155.00 feet along said Northeasterly line of Central Avenue to a monument;Thence North 14'31' 20" East 324.82 feet to a point;thence North 820 40'00" East 166.59 feet to a point in said Northwesterly line of Crescent Avenue;thence South 14'31' 20"West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday,January 08, 2019 11:50 AM To: Dinizio, James; Doherty,Jill; Evans, Louisa; Ghosio, Bob; Ruland,William; Russell, Scott Cc: Lanza, Heather;Terry, Mark; Michaelis,Jessica; Norklun, Stacey Subject: Emailing: SCPC letter re_20190108114751 Attachments: SCPC letter re_20190108114751.pdf FYI Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: SCPC letter re 20190108114751 Note:To protect against computer viruses, e-mail programs,may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 NAME OF APPLICATION: FISHERS ISLAND UTILITY COMPANY DATE: 12/4/2018 ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ Fee of$1,000.00 ($500.00 for AHD) ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days Preceding filing of petition 1� ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property 0 Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing / • 10 Days Before Hearing Notice Published ® ❑ ❑ Meet all requirements for submittingzoning action pursuant to section 239 L &M of General g Municipal Law attached hereto ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office ❑ ❑ Six (6) maps drawn at the 1"= 100' scale in accordance with attached information sheet. ❑ ❑ Six (6) sketch plan maps at the 1"= 100' scale or the 1"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk Date_,J,.l1 Signature Town Attorney Date Signature Planning Board Date Signature SURVEY&MAI'CH ECILIST The following information must be shown-on the survey and map submitted with•a change of zone petition: L Town Boundary line 2. 'Village Boundary line 3. State Park. 4. County Park S. State Road 6. State Parkway or Expressway. 7. County Road 8. County Parkway .9.- County,Drainage Charinel 10. State Public Building 11. County Public Building must submit the following: •Survey Showing• A. Accurate description of theproperty by metes and bounds. ; B. Surveyors Seal. Map Showing A. All propertyowners within 500 feet of the-boundary of the parcel which is subject to the zoning action shall be shown. B. All existing buildings within 200 feet of the boundary of the parcel which is subject to the zoning action and their currentuse(s)including the'name ofthe.business. C. All street names within 500 feet of the boundary. D. The hamlet location of the subject property, and the Suffolk County Tax Map(SCTM) Number. E. zoning:classification of the subject parcel and the surrounding area. (A copy of the zoning map can,be substituted.) F. Name and address of person malting map, G,. Scale . l"= 100' or l"=200' r H. The name of applicant and'his address. I. Where applicable, a-line indicating the boundary of the jurisdiction of the Suffolk County Planning Commission shall be shown(this line shall be 500 feet when measured at right angles to-and parallel with parcel to which zoning action has been considered), J. A suitable title for purpose's of identifying the•application. K, North Point shall be.indicated by an arrow. (Note'if magnetic or tone) PUBLISHER'S CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Michelle Ruocco, Legal Advertising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of 27589' `lr ,J'•rLL�lil °"d,=,t`_ ,i�ri .. 'r' �'" .' .,x 27589 LEGAL NOTICE NOTICE OF PUBLIC ,'r LEGALNOTICE; NOTICE OF PUBLIC HEARING A HEARING ON PROPOSAL TO EI, i",,,:. 1u_ ' ' PROPOSAL 1 "+ I, ,, ,,, r j��, 70'AMEND ZONING ,1 ORDINANCE AND MAP 1 NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is consider-3 mg the Change of Zone application of,the Fishers,lsland Utility Company,Inc.on the property identified as Briar Patch located at the west end of Fishers Island at the corner' of Central and Crescent Avenues,Fishers Island,New York,SCTMlk 1000-6,-6-20.8 from: A true copy of which is hereunto annexed, was R-80(Residential)to HD(Hamlet Density),and be it further NOTICED that pursuant to the requirements of Section-265 of the'New York State I published in said newspaper in its issue(s)of -Town,Law,and the Code of the,Town of Southold,Suffolk County,New York„the Town. Board of the Town,of Southold will hold'a public hearing on the 26th day of February; 02/07/2019 :2019 at 4:31 P.M.at the Southold,Town Hall located at 53095 Main Road,Southold, New York,and directs the Town Clerk to•publish notice of such application in the Suffolk Times and the New London Day newspapers not less than ten(10)days nor more than thirty(30),days prior to such hearing,on a proposed Local Law entitled`•A Local Law to I Crust: SOUTHOLD TOWN OF/TOWN CLI: Amend the Zoning Map of the Town,of Southold by Changing the Zoning Designation Ad#: d00812427 of a portion of the property identified on the Suffolk County Tax Map as Uot`#1000-6.• 6-20.8 from R-80(Residential)to HD)Hamlet Density)all that certain tract,plot,piece or parcel of land,'lying,tieing and'' • •situated at Fishers IslandJown,of Southold,County,of Suffolk and State ofMew•York and more particularly being bounded and described as,follows 'BEGINNING at a merestone set at the intersection of the Northeasterly Ime of Central' Avenue and the Northwesterly line of Crescent Avenue,said merestone being located, 148817 feetWest of a point which is 3538 95 feet North of a'mor ument marking the I S Coast and Geodetic Survey Triangulation Station"PROS”and thence running North i 7ldegrees 27 minutes 10 secondsWest 15500 feet along said,Northeasterly line of -Central Avenue tb`a monument;thence'North 14'degrees 31 minutes 20'seconds East' 324.82 feet to a,point;thence.North 82 degrees 40.mmutes,00 seconds East 16659 m l+ feet•to a point in said Northwesterly line of Crescent Avenue,thence Sbuth 14 degrees 31=minutes'20 seconds West 397.72 feet along said Northwesterly line of Crescent' Subscribed and sworn to before me Avenue to the merestone at the pomt,of beginning.Subject property,consists of 55,757; square feet=1.28 acres. , Any person desiring to be heard on this,proposed amendment should appear at the j 'time and place above so specified This Monday, February 11, 2019 I ,Dated-January 23,2019 J'• BY,ORDER OFTHE,T,OWNBOARD rI OF THE TOWN OF SOUTHOLD y; Elizabeth A'Neville 1 Southold Town Clerk i 2308480 Notary Public pp,, My commission expires 31/� ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK �� P.O.Box 1179 Southold,New York 11971 Cot REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,�. ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 0,( *�� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 2018 Re: Resolution No. 2018-1078 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-6-6-20.8, a parcel of property located at corner of Central and Crescent Avenues, Fishers Island, New York from R-80 (Residential)to HD(Hamlet Density) Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr.Wilcenski, The Southold Town Board at their regular meeting held on December 18, 2018 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:31 P.M.,Tuesday, February 26,2018.-Please do not hesitate to contact my office if you have any questions. Very truly yours, 61 .a�alluc& Elizabeth A. Neville Southold Town Clerk Enclosures cc:Town Board 4 Town Attorney RESOLUTION 2018-1078 ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD(Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD(Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30) days prior to such hearing. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P.Ruland, Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans, Russell ELIZABETH A. NEVILLE,MMC FOL C�Pv Town Hall,53095 Main Road TOWN CLERK �� y� P.O.Box 1179 r Southold,New York 11971 r REGISTRAR OF VITAL STATISTICS Cie • Fax(631)765-6145 MARRIAGE OFFICER A Off. Telephone(631),,765-1800 RECORDS MANAGEMENT OFFICER O,( jog � www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 2018 Re: Resolution No.2018-1078"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-6-6-20.8,a parcel of property located at corner of Central and Crescent Avenues, Fishers Island, New York from R-80 (Residential)to HD (Hamlet Density) Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on December 18, 2018 adopted the resolution' referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 4:31 P.M.,Tuesday, February 26, 2018. Please do not hesitate to contact my office if you have any questions. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc:Town Board Town Attorney Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, December 18, 2018 9:28 PM To: 'mfinnegan@suffolklaw.com' Subject: F.I. Utility Co. Change of Zone Application Attachments: Printout-14729-1034-M50377.pdf Please be advised that the attached resolution was adopted by the Southold Town Board at their December 18, 2018 Town Board Meeting. Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ekt.228 Fax 631765-6145 Cell 631466-6064 1 RESOLUTION 2018-1078 1 a ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD (Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the,Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty(30) days prior to such hearing. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr,Ruland,Doherty, Ghosio,Evans, Russell BUFF@ RESOLUTION 2018-1078 Qas ADOPTED DOC ID: 14729 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1078 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Fishers Island Utility Company regarding a portion of the property identified as SCTM#1000-6-6-20.8 from R-80 (Residential)to HD (Hamlet Density; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot 41000-6-6-20.8 R-80 (Residential)to HD (Hamlet Density)" at Town Hall located at 53095 Main Road, Southold, New York, on the 26th day of February,2019 at 4:31 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty(30) days prior to such hearing. a _ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell ELIZABETH A. NEVILLE,MMC �� FOL�-�®G Town Hall,53095 Main Road TOWN CLERK y� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � e Fax(631)765-6145 MARRIAGE OFFICER ,fi ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William M. Duffy,Town Attorney Heather Lanza, Planning Director From: Elizabeth A. Neville,Town Clerk Re: Change of Zone Application of Fishers Island Utility Company Date: December 4, 2018 Enclosed is the change of zone application submitted by the applicant's attorney, Martin D. Finnegan, Esq. on December 4,2018. Please review it and send me your comments and,recommendations. Thank you. cc: Supervisor&Town Board Members(copies are available in Laserfiche). Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday, December 06, 2018 12:48 PM To: Lynne Krauza (Ikrauza@suffolklaw.com) Cc: Martin Finnegan Subject: Emailing: 20181206123857 Attachments: 20181206123857.pdf Attached, please find the receipt for the Change of Zone Application of Fishers Island Utility Company. It has been referred to the Town Attorney and Planning Departments for comments and recommendations and copied to all Town Board members. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: 20181206123857 , Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/04/18 Receipt#: 249994 Quantity Transactions Reference Subtotal 1 Petition 6.-6-20.8 $1,000.00 Total Paid: $1,000.00 Notes: Briar Patch Petition Payment Type Amount Paid By CK#1950 $1,000.00 Fishers, Island Utility Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Fishers, Island Utility 161 Oriental Avenue Po Box 604 Fishers Island, NY 06390 Clerk ID: SABRINA Internal ID:6.-6-20.8 Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, December 05, 2018 3:00 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary,Tomaszewski, Michelle;William Ruland Subject: Emailing: C o Z Apl F.i.Utility Co_20181205145318 Attachments: C o Z Apl F.i.Utility Co_20181205145318.pdf Please be advised that a change of zone aopplication has been filed in my office on December 4, 2018 on behalf of the Fishers Island Utility Company. A complete copy of this application is available for viewing on Laserfiche as follows: Town Clerk; Change of Zone; Pending; F.I. Utility Co. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext.228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: C o Z Apl F.i.Utility Co_20181205145318 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. i C Twomey, Latham, Cefebratiny our 45thyar MAILING ADDRESS: Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 Riverhead,New York 11901-9398 Attorneys at Law MAIN OFFICE- Thomas A.Twomey,Jr. 33 West Second Street -2014) Stephen B Latham mfinnegan ci stiffolklaw coni Riverhead,New York 11901-9398 Stephen John F.Shea,III Extension 265 Telephone:631.727.2180 Christopher D Kelley Direct Fax: (631)574-1258 Facsimile:631.727.1767 David M.Dubin 0 www.suffolklaw.com Jay P.Quartararo t Peter M.Mott Janice L.Snead Anne Marie Goodale Bryan C.Van Cott• December 3, 2018 RECEIVED Kathryn Dalli Laura I.Dunathan Lisa Clare Kombrink By Hand DEC 4 2V MM(� Patrick B Fife L Martin D.Finnegan. Reza Ebrahimi Ms. Elizabeth A.Neville Town Clerk Jeffrey W.Pagano Town of Southold Southold Town Clerk Bryan J Drago Bernadette E Tuthill P.O. Box 1179 Craig Handler Southold,NY 11971-0959 Alexandra Halsey-Storch Melissa S Doris inGrinko Lorraine Paceleo Re: Change of Zone Application for Fishers Island Utility Company Lorra Terrence Russell Premises: Corner of Central and Crescent Avenues,Fishers Island, NY Daniel R Bernard t- Christina M.Noon SCTM#1000-6-6-20.8 OF COUNSEL Kevin M Fox Dear Betty: Kelly E.Kinirons Karen A Hoeg Patricia J.Russell Jennifer P Nigro- With respect to the above-referenced Application, enclosed please find the 0NYALABARS following documents for your review: t LLM rNTAXATION NY 6.NJ BARS NY,NJ F.PA BAR NY,NI 6i FL BARSLBARS 1. Original and four(4) copies of the completed and executed Change of Zone Application; 2. Original and four(4) copies of the completed and'executed Full Environmental Assessment Form; 3. Original and four(4) copies of the Proof of Mailing and Notice to Adjacent Property Owners; 4. Six(6) copies of the current survey; and 5. Check made payable to the Town of Southold in the amount of$1,000 representing the required filing fee. Kindly advise if you require any further documentation in order to place this matter on your next available Agenda for a public hearing. Thank you for your consideration. OTHER OFFICE LOCATIONS 20 Main Street East Hampton,NY 11937 ery truly 631324.1200 51 Hill Street Southampton,NY 11968 631287 0090 Martin D. nnegan 490 Wheeler Road MDF/lk Suite Enclosures Hauppaauu ge,NY 11788 631265.1414 56340 Main Road P.O.Box 325 Southold,NY 11971 631 765 2300 RECEIVED DEC - 4 2018 Southold Town Clerk REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Briar Patch Change of Zone (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000- 006 .00—06.00 - 020.008 Section Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning)of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further,the following are submitted herewith(check those appropriate,write N/A where not applicable) X 1. Four(4) sets of the completed application form and petition. Each set shall contain one'(1) complete set of cover letter forms, affidavits,project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. X 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. X 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines, the calculated areas affected, in acres or square feet,the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the property to be amended. N/A 4. Metes and bounds description of the proposed amendment. 10/1/2008 1 f RECEIVED DEC 4 2011 Southold Town Clerk EXHIBIT A r FISHERS ISLAND UTILITY COMPANY, INC. SCTM#1000-6.-6-20.8 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue,said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 71°27' 10"West 155.00 feet along said Northeasterly line of Central Avenue to a monument;Thence North 140 31' 20" East 324.82 feet to a point;thence North 82° 40'00" East 166.59 feet to a point in said Northwesterly line of Crescent Avenue;thence South 14°31' 20" West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. U LB -40 '` s = _ I _ _ 1000-6-6-203 1000-6-6-11 YOLA \0711 9 51TE , W Q a oo� N/F I / ¢otf f 3 3 A N/F AMERICAN LEGION I V t h HENRY L a s FERGUSON FISHERS ISLAND I _ I , I MUSEUM INC POST NO 1045 I \ 1 ? / / N m m U w w g+ 4 is_ 1000-6 -7-16.1\ \ c\ I / LU U)2 MICHAEL L MCLAUGHLIN REV TRTca 1000-6-6-205 R-80 I �� N/F PAULA B PENDERGAST / 0 i TRUST a -f---:— — J—.—.:1 1{-rss WEST N MARY/M \ FIARBOR ��` 1y11 / 1000-6-B-1 I / I / LOCATION MAP SCALE 1"=400' -� CHRISTOPHER 1. I EDWARDS _J _� V 00-6-6-19 TUDI A NT�c. Z ' V4D/HEALTH EDWARDS ,o4fccR�-- I„IgDELINE AVENUE OJECT INC. 1000-6,a-2 I _ LEGEND Q z car . ��•E-16659', N/F PROPERLY UNE w N /; •! LAWRENCE R HORN I ZOABUITERS LINE -- Q ' MARY A. HORN NE UNE EASEMENT FOR TER AND POLE LINE tn 0-6-6-201 ,�. Idj J l 1000-f0-/-4 `r.` K Z IN HEALTH / ` = R-40 N/F RECEIVED 1 3w `�o Q1ECT SITE r'; / 1000-10-1-3\ THOMAS W CASHEL JR. I ` 3 craws T INC.IN 1000-to-1-1 N/F ELIZABETH CASHEL a w wuvr wu•i' /1000-10-1-1 1 \ PAUL \ DEC -4 20r' y �: �' •J•� izm Z Z— • EDWARDS I / \TOMB4RI p a w FAMILY LESLIE LLC TOMBAR! Southold Town Clerk 2 / 1000 / / .n FIS ERS IS TIC / W v \q[re Tss`bH iTZ o.,//U x ;1 I CORP RATION ,J� 'ooa-fa-f-lo APPLICANT N NU W. P• \ N/F FISHERS ISLAND UTILITY COMPANY,INC \e` `_ / \�qRP/ \EUGENNIEP�TR�OR P01 BOX 6D4 AVENUE was vc X1-9-2-1.1 /� I McPEPHEN, JR. FISHERS ISLAND,NY 06390 VD PEOPLES n 7 G / -ROJECT / R-80 Z a NOTES b 1 THIS SURVEY WAS PREPARED FOR THE PARTES AND PURPOSE v1 a INDICATED HEREON ANY EXTENSION OF THE USE BEYOND THE / / r 1000-9-2 133 / PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR N/F� / EXCEEDS THE SCOPE OF THE ENGAGEMENT w Q FISHERS fSLAND 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY UIILITYIrCC MPANY / PERSON,UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAN SURVEYOR,TO ALTER AN ITEM IN ANY WAY. 3 ONLY COPIES OF THIS SURVEY MARKED WITH THE LANDz SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL G 1000-9.-2-132 ARE THE PRODUCT OF THE LAND SURVEYOR. F NIF ST JOHN'S / 4 COORDINATE DISTANCES ARE MEASURED FROM U S COAST AND < 1Z" EPISCOPAGEODETIC SURVEY TRIANGULATION STATION"PROS' p m L _ CHURCH 5 SITE IS ON FISHERS ISLAND,IN THE TOWN OF SOUTHOLD, 9 \ COUNTY OF SUFFOLK TAX MAP 1000,SECTION 6,BLOCK 6.LOT 20 8 m o w 1000-9-2-121 \\ \ 6. TOTAL AREA=1281 ACRES. O o @ 8. o N/F 7 SITE IS LOCATED IN ZONING DISTRICT R-80 a o u u - UNIONFISHERISLAND UNION CHAPEL \\ DATE: 10/22/2018 SOCIETY SCALE: 1" = 100' 100 6D 0 1 SHEEP 1 OF 1 GRAPHIC SOLE IN FEET PROJECT: #2018825 R .yy 5373 0L;_ 7 U.f1.1.R.s.....«f.........". z� T ,nineteen hundred and sixty—six •. tlISINDENTURE,made the day of June� �" a domestic corporation. organized n. BF.WM WEST END LAND COMPANY, INC., .' and existing under and by virtue of the laws of the State of New York, with its p6 d at Fishers Island, Town of Southold, County of Suffolk principal offices locate and State of New York,21 w domestic*' patty of the fust part,and FISHERS ISLAND UTILITY COMPANY, INC. a, x.� y Corporation, organized and existing under and by virtue of the laws of the State of New York, with its principal offices located at Fishers Island, Town of - , Southold, County of Suffolk and State of New York, a i • S ' party of the second part, _ yVj1N 49E'I•H,that the party of the first part,in consideration of ONE HUNDRED and OO/100 ($100.00) lawful money of the United States, and other good and valuable consideration ilio 4{ by the party of the second part,docs hereby grant and rrlea+c unto the park of tile >crund part, the heirs or r ` successors and assigns of tine party of the second part forc.•cr, AM.L that certain plot,piece or parcel of land,kith the buildings and inill-Veencnt, thereon erected, situate, tying and being bvtkec on Fishers Island, Town of Southold, County of Suffolk and State of New York, consisting of sixteen (16)parcels of land, more sprcifid'ally bounded and described in schedules annexed hereto, made a part hereof and numbered as Tracts One (1) through Sixteen(16). ''6 t Said sixteen(16)parcels of land are conveyed subject to all covenants, re- 1V, strictions or easements of record effecting said premises and e TOGETHER with all easements, rights of way or other appus ten;rnres appurtenant to or benefiting said premises. y" Included in and constituting a part of this conveyance is all right, title and interest { rs of the grantor of, in or to any and all other parcels of land, situate on F+rsht Island, if any, standing in the name of West End Land Company, Inc., and not -»—•=4 specifically described herein, together with all rights presently vested in West End Land Company, Inc., to execute releases, modifications or variations of any restrictive covenant e, easements or other rights in or Over property Situate on Fishers Island now held by West End Land Company, bit'. f. t• ` It being the intent of the grantor to convey to the grantee all or its right, title and interest in and to all lands owned by it situate on Fishers Island and to convey all regulatory rights or privileges which it may have reserved in or over any and all premises now or formerly owned by it on Fishers Island. f i ' This conveyance is made in the regular course of business actually conducted by the party of the first part. F fr ii• r: FISHERS ISLAND UTILITY COMPANY-BRIAR PATCH CHANGE OF ZONE APPLICATION SCTM # 1000- 6.6-20.8 This proposed Change of Zone application proposes to change the property from " R-80 ( Residential) to HD Hamlet Density TUESDAY, FEBRUARY 26, 2019 @ 4 : 31 P.M . 1 REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Briar Patch Change of Zone (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 - 006 .00—06.00 - 020.008 Section Block Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280- 6 of the Zoning Law of the Town of Southold and Section 265,Town Law. Further,the following are submitted herewith(check those appropriate,write N/A where not applicable) X 1. Four(4) sets of the completed application form and petition. Each set shall contain one(1) complete set of cover letter forms, affidavits,project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. X 2. Fee in the amount of$1,000.00($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. X 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines,the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations,the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the property to be amended. N/A 4. Metes and bounds description of the proposed amendment. 10/1/2008 1 X 5. Appropriate Environmental Assessment Form(EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR(SEQR), or check with the Town Attorney and/or the Planning Department. N/A 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission(i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): Fishers Island Utility Company Address: 161 Oriental Avenue,P.O.Box 604, Fishers Island,NY 06390 Telephone No. (631) 788-7251 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation(or partnership), give the name and title of the responsible officer: Name: J. Christopher Finan Title: President Address:(if different) Telephone No.: 3. Landowner(s): Same Title: Address: Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: Richard H. Strouse Title: P.E.,L.S. Name of Firm: CME Associates Address: 33 Wilbur Cross Way, Suite 105, P.O. Box 535,Mansfield, CT 06268 Telephone No.: (860) 885-1055 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: Martin D. Finnegan,Esq. Title: Attorney Name of Firm: Twomey,Latham, Shea,Kelley, Dubin & Q,uartararo, LLP Address: P.O. Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: Martin D.Finnegan, Esq. Title: Attorney Address: P.O.Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180,X-265 C. SITE/PROJECT DATA: 1. Location of Property: northwest corner of Central and Crescent Avenues, Fishers Island feet of (north/south/east/west) (nearest intersecting street) 2. Existing zoning district(s): R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s): Hamlet Density(HD) 4. Lot area: 55,757 sq. ft or acres 1.28 5. a. The latest deed(s) describing this parcel(s)is (are)recorded in the County Clerk's Office as follows: DATE LIBER PAGE 6/15/66 5973 17 b. A copy of the(se) should be attached to the application. See attached as Exhibit"A". 6. There are no encumbrances or liens against this land other than-mortgages? X YES NO 7. All buildings and structures are shown on the survey? X YES NO (The Town Board reserves the right to request a complete survey showing all existing structures:) 8. Existing: Building Area Vacant sq. ft. Lot coverage 9. Please attach a detailed typewritten description of the project,the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. See attached as Exhibit"B". 10/1/2008 3 D. AGENCY COORDINATION AND SEQRA(See Part 617,NYCRR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) Corner of Crescent Avenue and Central Avenue 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES X NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act(SEQRA) and Chapter 130 of the Town Code? YES X NO. If yes, what area? 4. Type I, Type II or Unlisted Action(circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? X YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements and information contained in the supporting documents and drawings attached hereto are true and correct. Fishers IslandUt' 'ty Company By: C - J. hristo er Finan,President Sworn before me this day of November, 2018. N'O TAR UBLIC 6;Z4.LZ s 10/1/2008 4 F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk J. Christopher Finan,being duly sworn, deposes and says that he resides at 495 Winthrop Avenue, Fishers Island,in the County of Suffolk and the State of New York and that he is the officer of the corporation or partnership which is the owner in fee of the premises described in the foregoing application and that he has authorized Twomey, Latham, Shea, Kelley, Dubin& Quartararo, LLP, as Agent, to make the foregoing application for amendment and/or change of zone as described herein. Fishers Island Utility Company (i J. C r stopher Finan, President Sworn before me this,&R!'11 Day of November, 2018 T�OTPUBLIC 05. .2Y, L2- 10/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk J. Christopher Finan,being by me duly sworn, deposes and says: 1. I am the President of the Fishers Island Utility Company, the owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Briar Patch Change of Zone 3. I reside at 495 Winthrop Avenue, Fishers Island,NY 06390 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE J. Christopher Finan President Nicola Parr Treasurer Thomas B. Siebens Vice President& Secretary Cheryl Wheeler Assistant Secretary 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind,to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner X 2. Applicant X 3. Agent for owner or applicant X 4. Attorney X 5. Other 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner,Agent,Attorney, other) Amount For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee,their spouse,brothers, sisters,parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director,partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES X NO 1. Any official New York State YES X NO 2. Any official or employee of Southold Town or Suffolk County? YES X NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST 10/1/2008 7 FISHE ISLAND UTILITY COMPANY J. C istophe Finan,President Sworn before me this. Day of November, 2018 7 T PUBLIC Z) �. 2,1,2,7 10/l/2008 8 EXHIBIT A FISHERS ISLAND UTILITY COMPANY, INC. SCTM#1000-6.-6-20.8 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue,said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 71°27' 10" West 155.00 feet along said Northeasterly line of Central Avenue to a monument;Thence North 14°31' 20" East 324.82 feet to a point;thence North 82° 40'00" East 166.59 feet to a point in said Northwesterly line of Crescent Avenue;thence South 14°31' 20"West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. LB J E a $ - a`1 �' a .0 �- - \ c � Y v85-7-14 z F r -POJ 1000-6-6-t 1 YOLA GUOTTI y ! 51 TE F a a o a r N F N/F \ ! Q 0 / AMERICAN LEGION I -t ¢_- ENRY L FISHERS ISLAND I U 'RCUSON POST NO 1045 I ! c u y 6EUM INC ! ! ! OJ I 1000-6-7-161 MICF AEL L/MCLAUGHLIN\ R I REV. RT ! U J 1000-6-6-20 5 R-80 I \ N/F PAULA B IF ERCAST RUST ,DDDN��-16.2 / — WEST MARYR HARBOR 1000-6-8-1 IfI \ I `// / NLOCATION MAP SCALE 1"=400' @•� / [ / CHRISTOPHER 1EDWAR 5-6-I9 RUDI A /F EDWARDS ocf�_—T V NU Z HEALTH I MADELINE A CT INCg 1000-s-a-z I _ LEGEND 0 z H�,�,�•E-766.3', N/F PROPERTY UNE —_ C.) LAWRENCE R HORN I ZONE RS E LINE a EASEMENT FOR ,i�. /iia � MARY A. HORN AND POLE UNf i snac rwcr w} of J cJ ,y /' /M J r / 1000-10-1-4 ,'. / H r:• It I R-40 N/F RECEIVED cJ o HEALTH ,y (L I THOMAS W. CASHEL, JR. ZQ o: d1 CT INC. SITE , I000-70.-1-Jj Y 1'• ` -I S¢ Q sa -s 1000 tF 1-t I / PAUL ELIZABETH CASHEL DEC -4 � .Il(\` ,-;�,p W w Z Wj N EDW DS I VOMBARI 6c ^" �`"c 7 p a w N FAMILY LESLIE •�'Lr J�/ N >w • = LLC 1000-10._1_2 TOMBARIcn Southold Town Clerk -'','` ./,'•n GU reso0rtr FlS ERS �G a % •/� I '1.1.'S' S RIC W L`)i 14S�A, ` 770N qVe To., swam ./ Jvi� 1000-Ia-1-70 APPLICANT: N(/ W, P \ FISHERS ISLAND UTILITY COMPANY,INC NIF 161 EUG STEPHEN M.M. OR PO BOX 6FISHERS AL ANYU 06390 04 TEPHEN MCPHERSON, JR. IF nano G / IJECT y o R-80 I Z NOTES In 1 THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE to o INDICATED HEREON ANY EXTENSION OF THE USE BEYOND THE 1000-9-2IJJ PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR / J / EXCEEDS THE SCOPE OF THE ENGAGEMENT W FISHERS ISLAND Q 2 IT ISA VIOLATION OF THE STATE EDUCATION LAW FOR ANY UTILITY COMPANYa INC PERSON,UNLESS ACTING UNDER THE DIRECTION!X'A LICENSED LAN SURVEYOR,TO ALTER AN ITEM IN ANY WAY z 3 ONLY COPIES OF THIS SURVEY MARKET)WITH THE LAND r G(V SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL < z 10000-9-2-13 2 ARE THE PRODUCT OF THE LAND SURVEYOR / T / ST JOHN'S 4 COORDINATE DISTANCES ARE MEASURED FROM U.S COAST AND < < EPISCOPAL GEODETIC SURVEY TRIANGULATION STATION'PROS• o CHURCH / j 5 SITE IS ON FISHERS ISLAND,IN THE TOWN OF SOUTHOLD, R I + / COUNTY OF SUFFOLK TAX MAP 1000,SECTION 6,BLOCK 6,LOT 20 8 Coi W 000-9-2-12 1 \\ j 6 TOTAL AREA=1.281 ACRES. pSHFJ? g o o N/F � 7. SITE IS LOCATED IN ZONING DISTRICT R-BO u NIONSCIHAPPE� �� 'DATE: 10/22/2018 SOCIETY SCALE: 1" = 100' IDD SO o 100 SHEET: 1 OF 1 GRAPHIC SCALE IN FPS PROJECT: #2018825 ' %.� l9i rii._ r ' 17 U. 3 THIS INDFXIIMF,nude the day of June ,nineteen hundred and sixty-six ®gam WEST END LAND COMPANY, INC., a domestic corporation, organized and existing under and by virtue of the laws of the State of New York, with its *, principal offices located at Fishers Island, Town of Southold, County of Suffolk and State of New York, age ;<W patty of the first part,and FISHERS ISLAND UTILITY COMPANY, INC., a domestic"' Corporation, organized and existing under and by virtue of the laws of the State tis n of New York, with its principal offices located at Fishers Island, Town of Southold, County of Suffolk and State of New York, Q a party of the second part, WME-RSM,that the party of the first part,in consideration of - - - - - - - - — "'' -" ""' • ONE HUNDRED and 00/100 ($100.00) - - - - - dollar>. 't lawful money of the United States, and other good and valuable consideration Maid•. u a fi by the party of the second part,does hereb% grant and rclea+c unto the harp of the ,econd part, the heirs or ` successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,a ith the lntildings and unprumnent., thereon erected, situate, lying and being bvemc on Fishers Island, Town of Southold, County of Suffolk and State of New York, consisting of sixteen (16)parcels of 1,111d, more specifically - bounded and described in schedules annexed hereto, made a part hereof and numbered as Tracts One (1) through Sixteen(16). Said sixteen(16)parcels of land are conveyed subject to all covenants, re— strictions or easements of record effecting said premises and L 4. TOGETHER with all easements, rights of way or other appurten tnc es oppurtanunt to or benefiting said premises, ,4 t" Included in and constituting a part of this conveyance is all right, title and interest i of the grantor of, in or to any and all other parcels of land, situate on Fisher Island, if any, standing in the name of West End Land Company, Inc., and not =Q — specifically described herein, together with all rights presently vested in West End Land Company, Inc., to execute releases, modifications or variations of any restrictive covenants, easements or other rights in or over property situate on Fishers Island now held by West End Land Company, Int. i. ` It being the intent of the grantor to convey to the grantee all of its right, title and `f interest in and to all lands owned by it situate on Fishers Island and to convey all regulatory rights or privileges which it may have reserved in or over any and all erly owned by it on Fishers Island. premises note or form This conveyance is made in the regular course of business actually conducted by the party of the first part. { e, l •1• ..moi r• EXHIBIT B EXRMIT "B" APPLICATION FOR BRIAR PATCH CHANGE OF ZONE DESCRIPTION OF PROJECT, PROPOSED USE AND OPERATION THEREOF The Fishers Island Utility Company("FIUC") provides electric, water and telephone services to Fishers Island residents year-round. FIUC has a pressing need to create new housing on the Island for employees who are critical to the Island's utility operations. Due to the need for operations coverage at all hours, FIUC cannot rely on an operations work force that commutes from the mainland because the Island has limited ferry service or, in heavy weather, no ferry service. Unfortunately, the inventory of properly winterized family housing on Fishers Island available for purchase or rent is very limited. The shortage has become more acute over time as seasonal residents buy up what were formerly year-round residences and, in the process, drive up market prices for houses that do come on the market. As a result, FIUC has determined that it needs to develop new housing that it owns and can make available to its on-Island employees. The most cost effective way to do so is to build multi-family units, which make more efficient use of land than single-family units, and to do so on vacant land that FIUC already owns, thereby avoiding the cost of land purchases. Additional cost benefits can be achieved using refabricated, energy-efficient construction techniques. Cost efficiencies are essential in mitigating the need for utility rate increases to finance utility employee housing. As a first new housing project, FIUC hopes to construct a two-family dwelling with separate driveways and garages in a confirming location on its"Briar Patch"property which is located on the west end of Fishers Island at the corner of Central and Crescent Avenues. The Briar Patch is a 1.28 acre(55,757 sq.ft.) lot with a buildable area large enough to accommodate such a dwelling. FIUC is seeking a change of zone to Hamlet Density (HD) for the Briar Patch property because it is in an R-80 zoning district which, for the construction of a two-family dwelling, would require special exception approval and a minimum lot size of 160,000 sq. ft. In contrast, in an HD zoning district, a two-family dwelling can be constructed as of right on lots that are 40,000 sq. ft. or larger. The utility employees that FIUC wishes to house hold year-round jobs on the Island. For senior staff, employment tends to be long-term, allowing them to raise families on-Island and thereby broaden the community. For junior staff,these jobs involve training and professional qualifications for potential career advancement. Many of the utility employees, given their skill sets, are well suited for the volunteer fire department and emergency medical services. FIUC submits that HD zoning of the Briar Patch property would be compatible with the year-round residential community on the west end of Fishers Island and justified by the unique circumstances of the Island. 1 FISHERk ISLAND UTILITY COMPANY C J. C istophe Finan, President Sworn before me this 4) Day of November, 2018 e 140TA-RJY PUBLIC 6 2,q,22 - 1 . \ 1 10/l/2008 8 X 5. Appropriate Environmental Assessment Form(EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR(SEAR), or check with the Town Attorney and/or the Planning Department. N/A 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission(i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): Fishers Island Utility Company Address: 161 Oriental Avenue,P.O.Box 604, Fishers Island,NY 06390 Telephone No. (631) 788-7251 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at-the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation(or partnership), give the name and title of the responsible officer: Name: J. Christopher Finan Title: President Address:(if different) Telephone No.: 3. Landowner(s): Same Title: Address: Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: Richard H. Strouse Title: P.E.,L.S. Name of Firm: CME Associates Address: 33 Wilbur Cross Way, Suite 105, P.O.Box 535,Mansfield, CT 06268 Telephone No.: (860) 885-1055 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: Martin D.Finnegan, Esq. Title: Attorney Name of Firm: Twomey,Latham, Shea, Kelley,Dubin & Quartararo, LLP Address: P.O.Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180 10/1/2008 2 RECEIVED DEC 4 2011 Southold Town Cleric EXHIBIT B EXHIBIT "B" APPLICATION FOR BRIAR PATCH CHANGE OF ZONE DESCRIPTION OF PROJECT, PROPOSED USE AND OPERATION THEREOF The Fishers Island Utility Company("FIUC") provides electric, water and telephone services to Fishers Island residents year-round. FIUC has a pressing need to create new housing on the Island for employees who are critical to the Island's utility operations. Due to the need for operations coverage at all hours, FIUC cannot rely on an operations work force that commutes from the mainland because the Island has limited ferry service or, in heavy weather,no ferry service. Unfortunately, the inventory of properly winterized family housing on Fishers Island available for purchase or rent is very limited. The shortage has become more acute over time as seasonal residents buy up what were formerly year-round residences and, in the process, drive up market prices for houses that do come on the market. As a result, FIUC has determined that it needs to develop new housing that it owns and can make available to its on-Island employees. The most cost effective way to do so is to build multi-family units, which make more efficient use of land than single-family units, and to do so on vacant land that FIUC already owns, thereby avoiding the cost of land purchases. Additional cost benefits can be achieved using refabricated, energy-efficient construction techniques. Cost efficiencies are essential in mitigating the need for utility rate increases to finance utility employee housing. As a first new housing project, FIUC hopes to construct a two-family dwelling with separate driveways and garages in a confirming location on its"Briar Patch"property which is located on the west end of Fishers Island at the corner of Central and Crescent Avenues. The Briar Patch is a 1.28 acre (55,757 sq.ft.) lot with a buildable area large enough to accommodate such a dwelling. FIUC is seeking a change of zone to Hamlet Density (HD) for the Briar Patch property because it is in an R-80 zoning district which, for the construction of a two-family dwelling, would require special exception approval and a minimum lot size of 160,000 sq. ft. In contrast, in an HD zoning district, a two-family dwelling can be constructed as of right on lots that are 40,000 sq. ft. or larger. The utility employees that FIUC wishes to house hold year-round jobs on the Island. For senior staff, employment tends to be long-term, allowing them to raise families on-Island and thereby broaden the community. For junior staff,these jobs involve training and professional qualifications for potential career advancement. Many of the utility employees, given their skill sets, are well suited for the volunteer fire department and emergency medical services. FIUC submits that HD zoning of the Briar Patch property would be compatible with the year-round residential community on the west end of Fishers Island and justified by the unique circumstances of the Island. 1 i 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: Martin D. Finnegan, Esq. Title: Attorney Address: P.O. Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180,X-265 C. SITE/PROJECT DATA: 1. Location of Property: northwest corner of Central and Crescent Avenues, Fishers Island feet of (nortb/south/east/west) (nearest intersecting street) 2. Existing zoning district(s): R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s): Hamlet Density(HD) 4. Lot area: 55,757 sq. ft or acres 1.28 5. a. The latest deed(s) describing this parcel(s) is (are)recorded in the County Clerk's Office as follows: DATE LIBER PAGE 6/15/66 5973 17 b. A copy of the(se) should be attached to the application. See attached as Exhibit"A". 6. There are no encumbrances or liens against this land other than mortgages? X YES NO 7. All buildings and structures are shown on the survey? X YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area Vacant sq. ft. Lot coverage 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept,the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. See attached as Exhibit"B". 10/1/2008 3 D. AGENCY COORDINATION AND SEQRA(See Part 617,NYCRR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) Corner of Crescent Avenue and Central Avenue 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES X NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act(SEQRA) and Chapter 130 of the Town Code? YES X NO. If yes, what area? 4. Type I, Type II or Unlisted Action(circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? X YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements and information contained in the supporting documents and drawings attached hereto are true and correct. Fishers Island U ' 'ty Company By: C J. hristo er Finan, President Sworn before me this 16 1 day of November, 2018. a T T AR'YJPUBLIC :LTJ,ZZ 0/#9�6 Z 2 2- 10/1/2008 10/1/2008 4 F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk J. Christopher Finan,being duly sworn, deposes and says that he resides at 495 Winthrop Avenue, Fishers Island, in the County of Suffolk and the State of New York and that he is the officer of the corporation or partnership which is the owner in fee of the premises described in the foregoing application and that he has authorized Twomey, Latham, Shea,Kelley, Dubin& Quartararo, LLP, as Agent, to make the foregoing application for amendment and/or change of zone as described herein. Fishers Island Utility Company C J. C topher Finan, President Sworn before me this 16� Day of November, 2018 T PUBLIC (05- .2Y, 22 r 10/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk J. Christopher Finan,being by me duly sworn, deposes and says: 1. I am the President of the Fishers Island Utility Company, the owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or'change of zone. 2. The project name is: Briar Patch Change of Zone 3. I reside at 495 Winthrop Avenue,Fishers Island,NY 06390 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE J. Christopher Finan President Nicola Parr Treasurer Thomas B. Siebens Vice President& Secretary Cheryl Wheeler Assistant Secretary 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner X 2. Applicant X 3. Agent for owner or applicant X 4. Attorney X 5. Other . J 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner,Agent,Attorney, other) Amount For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse,brothers, sisters,parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director,partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES X NO 1. Any official New York State YES X NO 2. Any official or employee of Southold Town or Suffolk County? YES X NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST 10/1/2008 7 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable, It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large,then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 17 Part 1 M Part 2 ®Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: IIA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant 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.* ®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) website Date Page 1 of 21 PART '1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe 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 Briar Patch Change of"Lone Location of Action(include Street Address,Municipality and County) Corner of Central Avenue and Crescent Avenue,Fishers Island,NY Name of Applicant/Sponsor Fishers Island Utility Company Address P.O.Box 604 City/PO Fishers Island State NY Zip Code 06390 Business Telephone 631-788-7251 Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: Change of zoning classification for subject property from R-80 to Hamlet Density(111)). Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1, Present Land Use:�Urban ®Industrial ®Commercial Residential (suburban) Rural (non-farm) ®Forest Fil Agriculture Other 2. Total acreage of project area: 1.28 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 1.13 acres .63 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland(Freshwater or tidal as per Articles 24,25 of ECL) .15 acres •15 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 0 acres .10 acres Other(Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: �Well drained 88%of site ®Moderately well drained %of site. R✓ Poorly drained 12%of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 0 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ® Yes M No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: MO-10%—% ®10- 15% % ® 15%or greater—% 6. Is project substantial( contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes 17ENo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes r7l! No 8. What is the depth of the water table? 5.5 (in feet) g. Is site located over a primary, principal, or sole source aquifer? r 7N Yes ® No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ®Yes MF No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 17,Yes no No Accordin to: Identify each s ecies: 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes,other geological formations? ®Yes R No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ®Yes 17F No If yes, explain: 14. Does the present site include scenic views known to be important to the community? ®Yes ENo 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary k 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A b. Size(in acres): Page 4 of 21 1 17. Is the site served by existing public utilities? I Yes No a. If YES, does sufficient capacity exist to allow connection? no Yes ®No b. If YES, will improvements be necessary to allow connection? ®Yes FF1No 18. Is the site located inan agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,Section 303 and 304? ®Yes R 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 617? ®Yes E'' No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes �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: i-28 acres. b. Project acreage to be developed: .5 acres initially; .5 acres ultimately. c. Project acreage to remain undeveloped: .78 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 4 g. Maximum vehicular trips generated per hour: N/A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 0 0 0 0 Ultimately 0 1 0 0 i. Dimensions(in feet)of largest proposed structure: 2-story height; 36 width; 100 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 400 ft. (Corner lot) 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 RIM Yes ®No ®N/A a. If yes, for what intended purpose is the site being reclaimed? Disturbed areas will be ievegetated after construction. b. Will topsoil be stockpiled for reclamation? Yes No c. Will upper subsoil be stockpiled for reclamation? Yes ® No 4. How many acres of vegetation (trees,shrubs, ground covers)will be removed from site? +/- .5 acres. Page 5 of 21 5. Will any mature forest(over 100 years old)or other locally-important vegetation be removed by this project? El Yes Fol No 6. If single phase project: Anticipated period of construction: 12 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. , Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? D Yes M No 8. Will blasting occur during construction? M, Yes No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities?F]Yes No If yes, explain: 12. Is surface liquid waste disposal involved? M Yes MIS 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? M7 Yes No Type Conventional Septic System 14. Will surface area of an existing water body increase or decrease by proposal? El Yes MH No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Yesj° No 16. Will the project generate solid waste? ® Yes F-1 No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ®Yes ®No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ®Yes E° No Page 6 of 21 e. IF yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes JMJNo 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? ®Yes R No 19. Will project routinely produce odors (more than one hour per day)? MYes FE No 20. Will project produce operating noise exceeding the local ambient noise levels? MYes F No 21. Will project result in an increase in energy use? M Yes No If yes, indicate type(s) Electrical connection necessary for two dwelling units. 22. IF water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes rw-1 No If yes, explain: Page 7 of 21 i oe LBJ � J C CL co(.0 E co R-40 '' _ - -- _ 3 Ycm 0 2 c \ \ 1000-6. -7-14 CD a, - \ W � E � T � c \ \ N/ ,�0 - V ro c m cc)) 1000-6.-6-11 VOLA SC.-I GLIOTTI >� so w \ \ � '- a � v E 1000-6.-6-20.3 s CJ T W r / HENRY L. AMERICAN FLEGION \ l I Q °� ca FISHERS ISLAND d U �cu _ - FERGUSON POST NO 1045 A / = v N N - ` \ / MUSEUM INC. \ I / in �� v w w M 900-6.-7-16.1 ' c�NT Q ° - c� 1000-6.-6-17.1 N/F \ I. � q / / W cn co M N/F MICHA'l L. MCLAUGHLIN 1 \ l `"' °0 Z ALEXANDER D. WALKER Ill REV. TRT V) U1 ALYSON H. WALKER R-80 \ - • J o0 0 1000-6.-6-20.5 \ iL Z X N/F PAULA B. PENDERGAST TRUST / pox 1000-6.-6-18 'VACANT LAND' / O 1000-6.-7-16.2 / 1 000-6.-7 16.2 CARY BROWN 1000-6.-5-9 "SINGLE FAMILY MARY MER V%A _ 7 N/F RESIDENCE \ PJ GOSS 2012 Q \ 1000-6.-$-1 RESIDENC ' / to ' IRR DESC TR \ N/F \/ / / LOCATION MAP SCALE 1 -400 CHRISTOPHER I. EDWARDS ooGC 0 • l 1000-6.-6-19 TRUDI A. �ti ___ _---- U 1000-6.-5-11 1050 COs. N/F EDWARDS �o�+��`� __ INE AVENUE z PJ GOSSF 0 I N/F / ISLAND HEALTH I- MADEL 2 12 PROJECT INC. 9' --4 � 1000-6.-8-2 I - LEGEND 0 Z) !RR DESC TR / LINDA V. / 'VACANT LAND* 40 oo E-1606" PROPERTY LINE -- z DURYEA N S� N/F I ABUTTERS LINE U w LAWRENCE R. HORN Q Y , ' MARY A. HORN ZONE LINE EASEMENT FOR r __ H O WATER AND POLE LINE '� RINGLE FAMILY l 0.., d z > RESIDENCE' I ✓ := t`.> Q w l1000-6.-6-20.1 N O ('0 W N/F M �l / 1000-10.-1-4 ,N wLL.� f- z ISLAND HEALTH � � N/F ��:Lr..a. `. . .? � �� f '4�.,. ,} z / / I / PROJECT INC . 1000-10.-1-3\ THOMAS W. CASHEL, JR. �•- \a v Dz Z roocroR's oFcE" SITE Qloo0- .-1-1 N/F ELIZABETH CASHEL wDEC [.U 8LLI N�F PAUL"VACANT LAND LLI W.' EDWARDS l �l�lfv��7Hry 06 / o FAMILY LESLIE - TOMBARI � '' oN V) > ui _ 1000-9.-1-11 N /. , LLC 1000 f0. 1-2 J V) N/F "SINGLE FAMILY / N/ Q tl ' RESIDENCE" ` LL- �..i ,^ HENRY L. FERGUSON 111 , ,�' (� FISH I,S V, TRUST �� a • ISLA �D z NT w SUSAN S. FERGUSON CF R '' 15S f , , ! ELEC 1C TRUST 'qL •00,y ., V Q CORPOR `TION a� / _ ^' / "'SINGLE FAMILY _ 127010; RESIDENCE* ./ V�/ 1000-10.-1-10 APPLICANT: MSE k' P / \ N/F FISHERS ISLAND UTILITY COMPANY, INC. R-80 \� l P�' \EUGENIE M. TREVOR 161 ORIENTAL AVENUE \ J•'� PO BOX 604 1000-9.-2-1.1 _ �/ / STEPHEN M. FISHERS ISLAND, NY 06390 N/F N3MQ G� McPHERSON, JR. m ISLAND PEOPLES PROJECT RECREATION" / / N ZO R-80 / ZL NOTES O U 3 W o / i / `�00. 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE N INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE 1000-9.-2-13.3 PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR > \O \ J N/F / EXCEEDS THE SCOPE OF THE ENGAGEMENT. w G) 1000-9.-2-2.1 C/ FISHERS ISLA � 'D N/F P UTILITY COMP :VY 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY a ST. JOHN'S INC PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAN \ EPISCOPAL CHURCH ,` / 'VACANT LAND* / SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 1000-9.-2-4.1 \ / / 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND z SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL 3 N/F / SCJ 1000-9.-2-13.2 ARE THE PRODUCT OF THE LAND SURVEYOR. Q C FISHERS ISLAND N/F m FIRE DISTRICT �- / ST. JOHN'S 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND Q N G EPISCOPAL GEODETIC SURVEY TRIANGULATION STATION "PROS" N 00 0 00 CHURCH " 5. SITE IS ON FISHERS ISLAND, IN THE TOWN OF SOUTHOLD, N I 1 � m 1 0 COUNTY OF SUFFOLK TAX MAP 1000, SECTION 6, BLOCK 6, LOT 20.8 m o 0 0 bi 1000-9.-2-12.1 i / 1 6. TOTAL AREA = 1.28t ACRES. z z Y C) Z w w L- / O O O U) Q w 0w FISHERS ISLAND 7. SITE IS LOCATED IN ZONING DISTRICT R-80. m o o o QUALITY CONTROL CERTIFICATION UNION CHAPEL DATE: 10/22/2018 GROUP REVI ED DATE // SOCIETY PROJECT MANAGER 7. Ls'ft-cl (y SCALE: 1 " = 100' SURVEY ENVIRONMENTAL CIVIL 100 50 0 100 SHEET: 1 OF 1 STRUCTURAL ARCHITECTURAL GRAPHIC SCALE IN FEET PROJECT: #2018825 25. Approvals Required: Type Submittal Date Change of Lone City,Town, Village Board Yes No City, Town, Village Planning Board Yes ® No City, Town Zoning Board Yes ® No City, County Health Department MYes ® No Other Local Agencies ®Yes ® No Suffolk County Planniug, Other Regional Agencies FBI Yes ® No Commission State Agencies ri Yes ® No Federal Agencies ®Yes ®No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? MM Yes ® No If Yes, indicate decision required: Zoning amendment ® Zoning variance ®New/revision of master plan ®Subdivision ®Site plan ®Special use permit ®Resource management plan ElOther Page 8 of 21 2. What is the zoning classification(s) of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? One dwelling unit 4. What is the proposed zoning of the site? Hamlet Density 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Two dwelling units 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®u Yes ®No 7, What are the predominant land use(s)and zoning classifications within a 1/ mile radius of proposed action? Residential land in R-80 zoning district,some in R-40 district. Some properties in LB zone as well. 8. Is the proposed action compatible with adjoining/surrounding land uses with a '/4 mile? ®l Yes No 9, If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? F±1 Yes ® No For water connection 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? M Yes ®No a. If yes, is existing capacity sufficient to handle projected demand? Yes ®No 12. Will the proposed action result in the generation of traffic significantly above present levels? E]Yes r No a. If yes, is the existing road network adequate to handle the additional traffic. E]Yes rl 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. 1 �j Applicant/Sponsor in D.Finnegan,Esti. Date v Signature Title Agent/Sponsor If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Infonnation(Read Carefully) I 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. I 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. I 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. I The number of examples per question does not indicate the importance of each question. I In identifying impacts,consider long term,short term and cumulative effects. Instructions(Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact.if impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. 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. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact,also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ® YES rl Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot ® ® Yes ®No 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 ® ® ® Yes ®No is less than 3 feet. • Construction of paved parking area for 1,000 or more ® r ® Yes "No vehicles. • Construction on land where bedrock is exposed or ® ® ® Yes ®No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ® ® ® Yes rl,No involve more than one phase or stage. • Excavation for mining purposes that would remove F] ® ® Yes MNo more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ® ® r7Yes r7No • Construction in a designated floodway. ® ® MYes '"No • Other impacts: ® ® ®Yes E3No 2. Will there be an effect to any unique or unusual land forms found on the site9(i.e.,cliffs,dunes,geological formations,etc.) F1NO ®YES • Specific land forms: ® ® ®Yes ONo 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 ®YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ® ® ®Yes ®No • Dredging more than 100 cubic yards of.material from channel of ® ® ri Yes M No a protected stream. • Extension of utility distribution facilities through a protected water ri ® ®Yes No body. • Construction in a designated freshwater or tidal wetland. ® ® ®Yes EJNo • Other impacts: ® El ®Yes [I No 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 F1 ® ®Yes ®No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ® ® ®Yes r.]No area. • Other impacts: ® ® ®Yes ®No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO ®YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ® E]Yes ®No • Proposed Action requires use of a source of water that does not ® ® 17 Yes M No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater Ei F7 Yes No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ® ® Yes ®No supply system. • Proposed Action will adversely affect groundwater. ® ® M Yes 17 No • Liquid effluent will be conveyed off the site to facilities which E ® ®Yes ®No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ® F1 ®Yes No per day. • Proposed Action will likely cause siltation or other discharge into ® D Yes r1l No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ® ®Yes F1 No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ® ® ®Yes F1 No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ® ®Yes rJ No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ® ® Ekes ®No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? ®NO ®YES Examples that would apply to column 2 • Proposed Action would change flood water flows ® E]Yes "No • Proposed Action may cause substantial erosion. 17 ® ®Yes nNo • Proposed Action is incompatible with existing drainage patterns. F7 ® ®Yes ®No • Proposed Action will allow development in a designated 17 ® ®Yes FNo floodway. • Other impacts: ® ® ®Yes ®No IMPACT ON AIR 7. Will Proposed Action affect air quality? ®NO ®YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any M ® FlYes []No given hour. • Proposed Action will result in the incineration of more than 1 ton ® ® ®Yes rl'No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs,per hour ® ® ®Yes MNo or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ® ® ®Yes ONo committed to industrial use. 17-9 • Proposed Action will allow an increase in the density of ® ElYes ®No industrial development within existing industrial areas. • Other impacts: ® M ®Yes ri,No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ®NO ®YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ® ®Yes M No Federal list,using the site,over or near the site,or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ® ® ®Yes ®No • Application of pesticide or herbicide more than twice a year, ® F1 ®Yes r7No other than for agricultural purposes. • Other impacts: ® ®Yes ®No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? ®NO ®YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® ® ®Yes ®No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ® ® ®Yes No mature forest(over 100 years of age)or other locally important vegetation, • Other impacts: ID ® ®Yes E]No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ®NO ®YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to ® ® 17 Yes ®No agricultural land(includes cropland,hayfields,pasture,vineyard, orchard,etc.) • Construction activity would excavate or compact the soil profile of ® ® Yes ®No agricultural land. • The Proposed Action would irreversibly convert more than 10 ® ® r Yes "No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ® ® ®Yes ®No 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: ® ® ®Yes ®No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary,use the Visual EAF Addendum in Section 617.20,Appendix B.) ®NO ®YES Examples that would apply to column 2 • Proposed land uses,or project components obviously different ® ®Yes ri No 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 ® ®Yes ®No 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 ® ® ®Yes [7 No significant screening of scenic views known to be important to the area. • Other impacts: ® ®Yes 0 No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ONO ®YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or ® ® ®Yes rl No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ® ® ®Yes ®No the project site. • Proposed Action will occur in an area designated as sensitive ril ® FiYes ®No for archaeological sites on the NYS Site Inventory. i Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ® ® ®Yes ®No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ® NO ®YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ® ®Yes ®No • A major reduction of an open space important to the community. ® ® ®Yes F1No • Other impacts: ® ®Yes E]No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? ®NO ®YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ® ® ®Yes ®No • Proposed Action will result in a reduction in the quantity of the ® ® ®Yes '"No resource? • Proposed Action will result in a reduction in the quality of the ® ® ®Yes ®No resource? • Proposed Action will impact the use,function or enjoyment of the ® ® ®Yes I"No resource? • Other impacts: ® ® MYes r7i No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ®NO n YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ® ® ®Yes r]No goods. • Proposed Action will result in major traffic problems. ® ®Yes ®No • Other impacts: ® ® ®Yes ®No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ®NO ®YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the ® ® ®Yes ®No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ® ® ®Yes ®No 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: ® ® ®Yes ®No NOISE AND ODOR IMPACT 17. Will there be objectionable odors,noise,or vibration as a result of the Proposed Action? ®NO ®YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive ® ® ®Yes El No facility. • Odors will occur routinely(more than one hour per day). ® ® ®Yes ®No • Proposed Action will produce operating noise exceeding the ® ® rl Yes ®No local 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 Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ®NO ®YES • Proposed Action may cause a risk of explosion or release of ® ® ®Yes ®No hazardous substances(i.e.oil,pesticides,chemicals,radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • _ Proposed Action may result in the burial of"hazardous wastes" ® El OYes No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of liquefied ® ® ®Yes ®No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ® ® nYes 17,No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ® ®Yes ®No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? "NO ®YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the ® ® DYes r7l No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ® ® ®Yes "No services will increase by more than 5%per year as a result of this project. 17171 r • Proposed Action will conflict with officially adopted plans or ® ®Yes ONo goals. • Proposed Action will cause a change in the density of land use. ® ® ® gg��Yes r1No • Proposed Action will replace or eliminate existing facilities, ® ® r1Yes nNo structures or areas of historic importance to the community. • Development will create a demand for additional community ® ®Yes rl'No services(e.g.schools,police and fire,etc.) Page 19 of 21 s 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ® ® ®Yes ®No projects. • Proposed Action will create or eliminate employment. ® M ®Yes M No • Other impacts: El ®Yes ®No 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? ®NO ®YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 r Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s)is considered to be potentially large,even if the impact(s)may be mitigated. Instructions(If you need more space,attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available,decide if it is reasonable to conclude that this impact is important. To answer the question of importance,consider: 1 The probability of the impact occurring 1 The duration of the impact I Its irreversibility,including permanently lost resources of value 1 Whether the impact can or will be controlled I The regional consequence of the impact I Its potential divergence from local needs and goals I Whether known objections to the project relate to this impact, Page 21 of 21 N PROOF OF MAILING NOTICE In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L.Edwards, 3555 E.Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island, NY 06390 Island Health Project P.O. Box 344,Fishers Island, NY 06390 Christopher& Trudi Edwards P.O. Box 167,Fishers Island, NY 06390 Cary Brown 2916 Langford Drive, Charlottesville, VA 22903 Paula Pendergast Trust 56 Tarpon Lane,Key Largo,FL 33037 Mary Meyer 180 Riverside Drive,New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323,Aiven, SC 29802 St. John's P.O. Box 505,Fishers Island,NY 06390 Paul and Leslie Tombari P.O. Box 357,Fishers Island,NY 06390 Lynne Krauza, residing at Aquebogue, New York,being duly sworn, deposes and says that on the 201h day of November, 2018, deponent mailed a true copy of the Notice attached hereto,directed to each of the above-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 current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Office at Riverhead,New York;that said Notices were mailed to each of the,said persons by certified,registered receipt mail. Copies of the certified receipts are also attached hereto. 617 l Lynne Krauza Sworn to me the 3rd day ecem ,2018. Notar Public MARTIN D. FINNEGAN Notary Public, State of New York No. 01 FI6056707 Qualilied in Suffolk County Commission Expires March 26,20 TOWN BOARD,TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Fishers Island Utility Company TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Property Owners on List Attached 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 request a Change of Zone from R-80 to Hamlet Density(HD) 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000-6-6-20.8 Property Address: Corner of Central and Crescent Avenues, Fishers Island,NY 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition,the undersigned will request that the above-described property be placed in the following zone district classification: Hamlet Density(HD) 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 newspaper 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 he ring. ,�VDated: November��, 2018 Pe over: ishers Island Utility Company J. L7 ristopher Finan, President Mailing Address: P.O. Box 604 Fishers Island,NY 06390 In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L. Edwards,3555 E. Placita De La Raza, Tucson,AZ 85718-7448 ' Island Peoples Project P.O. Box 523,Fishers Island,NY 06390 Island Health Project P.O. Box 344,Fishers Island,NY 06390 Christopher& Trudi Edwards P.O. Box 167,Fishers Island, NY 06390 Cary Brown 2916 Langford Drive, Charlottesville,VA 22903 Paula Pendergast Trust 56 Tarpon Lane,Key Largo,FL 33037 Mary Meyer 180 Riverside Drive, New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323,Aiven, SC 29802 St. John's P.O. Box 505,Fishers Island, NY 06390 Paul and Leslie Tombari P.O. Box 357,Fishers Island, NY 06390 1 !III I I I J i I I 0 NORM ru ni TUCfUl wzqiC 9 A,;N pf sp 11 U1 m Certified Mail Fee CC31 certified Mail Fee $3.45 101 M 7$c $3.45 6 t?,75 '117 $ TU AQ Er Certified 7rl 7 $ Fxtr 8erv.,ces,,8,,Fees check add KI Extra Services Fees(chockbo,add fee E: .,u,. ace PRpts) 'V P r'-' ❑Ratum Receipt(hardoopy) $ (1hard-py) $ IT. I (electronic) $ 7Po.�ark ❑Return Receipt(electronic) il; Ul- C3 Postmark NOV 2 ❑Certified Mall Restricted Delivery $ C-3 C3 ❑Certified Mail Restricted Delivery $ in Fir, 00 []Adult Signature Required C3 C3 $ III IM E:3 Required $ E]Adult Signature Restricted Delivery$ EjAdult Signature []Adult Signature Restricted Delivery$ Jf C3 Postage E-3 Postage M r Z11 Lr) PS $ 1 0 "S/ Total Postage and Total Postage and $ 'fr.71) iM 70 171 S To- r-q —---------OLO-5------------- C3 etandA 1.No., -jo C3 R ------ .-k- -.Ir-,-dw 171- 11 Uc4 t or PFCFYIO-x-WO--------------- 171- -------------------- 0.0 - -- Z-1 S / P' 6 On. 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V20 18 r-q Total Postage and 61 Postage and C3 79'.70 rq 'f2r.70 $ ant To r-- rctT. —komb rI ----ks,�\ ------- --------------- ---------------------------- A -anTfAjiif-(4F,or I C3 POW, joy- r-3 , et an IW, PO 915R ---4-6 Ste —------------------------------------------------------------ ��ZIPi4 U T ., DEC - 4 2018 Southold Town Clerk PROOF OF MAILING NOTICE In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L. Edwards, 3555 E. Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island,NY 06390 Island Health Project P.O. Box 344,Fishers Island,NY 06390 Christopher& Trudi Edwards P.O. Box 167,Fishers Island, NY 06390 Cary Brown 2916 Langford Drive, Charlottesville, VA 22903 Paula Pendergast Trust 56 Tarpon Lane,Key Largo,FL 33037 Mary Meyer 180 Riverside Drive, New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323, Aiven, SC 29802 St. John's P.O. Box 505,Fishers Island,NY 06390 Paul and Leslie Tombari P.O. Box 357,Fishers Island, NY 06390 Lynne Krauza,residing at Aquebogue, New York,being duly sworn, deposes and says that on the 201h day of November, 2018, deponent mailed a true copy of the Notice attached hereto, directed to each of the above-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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Riverhead, New York; that said Notices were mailed to each of the said persons by certified,registered receipt mail. Copies of the certified receipts are also attached hereto. Lynne Krauza Sworn to_beferQ me the 3rd dayF! ecem , 2018. Notar Public MARTIN D. FINNEGAN Notary Public, State of New York No. 01F16056707 Qualified in Suffolk count Commission Expires March 26, 0 i RECEIVED TOWN BOARD,TOWN OF SOUTHOLD In the Matter of the Petition of DEC — 4 2011 NOTICE Fishers Island Utility Company TO Southold Town Clerk ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Property Owners on List Attached 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 request a Change of Zone from R-80 to Hamlet Density (HD) 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000-6-6-20.8 Property Address: Corner of Central and Crescent Avenues, Fishers Island,NY 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition,the undersigned will request that the above-described property be placed in the following zone district.classification: Hamlet Density(HD) 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 newspaper 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 he ring. Dated: November/ , 2018 Pe oner: fishers Island Utility Company J. ristopher Finan, President Mailing Address: P.O. Box 604 Fishers Island,NY 06390 In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L. Edwards, 3555 E. Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island,NY 06390 Island Health Project P.O. Box 344,Fishers Island,NY 06390 Christopher& Trudi Edwards P.O. Box 167,Fishers Island,NY 06390 Cary Brown 2916 Langford Drive, Charlottesville,VA 22903 Paula Pendergast Trust 56 Tarpon Lane, Key Largo,FL 33037 Mary Meyer 180 Riverside Drive, New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323,Aiven, SC 29802 St. John's P.O. Box 505,Fishers Island,NY 06390 Paul and Leslie Tombari P.O. 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SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning)of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith(check those appropriate,write N/A where not applicable) X 1. Four(4) sets of the completed application form and petition. Each set shall contain one(1) complete set of cover letter forms, affidavits,project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. X 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. X 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines, the calculated areas affected, in acres or square feet,the Suffolk County Tax Map designations,the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the property to be amended. N/A 4. Metes and bounds description of the proposed amendment. 10/1/2008 1 X 5. Appropriate Environmental Assessment Form(EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR(SEQR), or check with the Town Attorney and/or the Planning Department. N/A 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/,or the Suffolk County Planning Commission(i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): Fishers Island Utility Company Address: 161 Oriental Avenue, P.O.Box 604,Fishers Island,NY 06390 Telephone No. (631) 788-7251 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation(or partnership), give the name and title of the responsible officer: Name: J. Christopher Finan Title: President Address:(if different) Telephone No.: 3. Landowner(s): Same Title: Address: Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: Richard H. Strouse Title: P.E.,L.S. Name of Firm: CME Associates Address: 33 Wilbur Cross Way, Suite 105,P.O. Box 535,Mansfield, CT 06268 Telephone No.: (860) 885-1055 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: Martin D.Finnegan,Esq. Title: Attorney Name of Firm: Twomey,Latham, Shea,Kelley, Dubin& Quartararo,LLP Address: P.O. Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: Martin D. Finnegan, Esq. Title: Attorney Address: P.O.Box 9398,Riverhead,NY 11901-9398 Telephone No.: (631) 727-2180,X-265 C. SITE/PROJECT DATA: 1. Location of Property: northwest corner of Central and Crescent Avenues, Fishers Island feet of (north/south/east/west) (nearest intersecting street) 2. Existing zoning district(s): R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s): Hamlet Density(IID) 4. Lot area: 55,757 sq. ft or acres 1.28 5. a. The latest deed(s) describing this parcel(s)is (are)recorded in the County Clerk's Office as follows: DATE LIBER PAGE 6/15/66 5973 17 b. A copy of the(se) should be attached to the application. See attached as Exhibit"A". 6. There are no encumbrances or liens against this land other than mortgages? X_YES NO 7. All buildings and structures are shown on the survey? X YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area Vacant sq. ft. Lot coverage 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept,the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not)in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. See attached as Exhibit"B". 10/1/2008 3 D. AGENCY COORDINATION AND SEQRA(See Part 617,NYCRR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) Corner of Crescent Avenue and Central Avenue 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES X NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act(SEQRA) and Chapter 130 of the Town Code? YES X NO. If yes, what area? 4. Type I, Type II or Unlisted Action(circle one) An environmental Assessment form must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? X YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements and information contained in the supporting documents and drawings attached hereto are true and correct. Fishers Islandty Company By: LC 7 J. hristo er Finan,President Sworn before me this day of November, 2018. ww N)OTAR'Y-JPUBLIC 65:iq.Z7- 10/1/2008 Z10/1/2008 4 F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk J. Christopher Finan,being duly sworn, deposes and says that he resides at 495 Winthrop Avenue, Fishers Island,in the County of Suffolk and the State of New York and that he is the officer of the corporation or partnership which is the owner in fee of the premises described in the foregoing application and that he has authorized Twomey, Latham, Shea, Kelley, Dubin& Quartararo, LLP, as Agent, to make the foregoing application for amendment and/or change of zone as described herein. Fishers Island Utility Company c J. C topher Finan,President Sworn before me this 2&y Day of November, 2018 T PUBLIC O`. ).Y, 22 l zZZS1a3 t , 10/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk J. Christopher Finan,being by me duly sworn, deposes and says: 1. I am the President of the Fishers Island Utility Company, the owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Briar Patch Change of Zone 3. I reside at 495 Winthrop Avenue,Fishers Island,NY 06390 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE J. Christopher Finan President Nicola Parr Treasurer Thomas B. Siebens Vice President& Secretary Cheryl Wheeler Assistant Secretary 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind,to members of the Town Board or political committees designated to accept donations behalf Yes No 1. Owner X 2. Applicant X 3. Agent for owner or applicant X 4. Attorney X 5. Other 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner,Agent,Attorney, other) Amount For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse,brothers, sisters,parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director,partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES X NO 1. Any official New York State YES X NO 2. Any official or employee of Southold Town or Suffolk County? YES X NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s)in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST 10/1/2008 7 FISHE ISLAND UTILITY COMPANY J. C istophe Finan,President Sworn before me this Day of November, 2018 7 1G�cL� e ]�OTA&V PUBLIC e) !5-- 2,'-f,2,2 5 1 i 10/l/2008 8 EXHIBIT A FISHERS ISLAND UTILITY COMPANY, INC. SCTM#1000-6.-6-20.8 A certain tract or parcel of land located at Fishers Island in the Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue, said merestone being located 1488.17 feet West of a point which is 3538.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 71°27' 10"West 155.00 feet along said Northeasterly line of Central Avenue to a monument;Thence North 14° 31' 20" East 324.82 feet to a point;thence North 82° 40'00" East 166.59 feet to a point in said Northwesterly line of Crescent Avenue;thence South 14°31' 20" West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. LB O1 C a E 10 — r I 1000-,-7-14 c 2 . , o F \ N W VE >vd -s-6-2oJ 1000-6IV/IV/F6-tt YOLA \0771 y SITE _` 1 w Q apE N/F AMERICAN LEGION W _-- ENRY. US L FISHERS ISLAND I 3EUM MC POST NO 1045 I \ I - 1 ) y d$ t1 w IMICHAEL + N w t000-6-7-16.1 I _ ! W ED N/F \ � ) / U c �MrnCLAUGHUN \ / 1000-6-6-205 R-80 I / N/F t• /� PAULA BTRPENDERGAST \ / ', , � �G vrcvn waw — _ 1000-6 /! \ � -15r.2 / WEST MARY� HAR50Rl f000N�Fa-1 / / LOCATION MAP SCALE 1"-400r CHRISTOPHER I. EDWARDS __ s-s-ts owADR � —J U Z HEALTH MADELINE AVN I _ w CT INC. 1000-6.-e-2 �,�.�. LEGEND E-16659 N/F. PROPERTY UNE -- 0 Z TTERS .� LAWRENCE R HORN I ZOONNEE UNE LINE - <x EASEMENT FOR %��/ ,'/ A� MARY A. HORN ' }AND POLE UNE �`•/' /.g Lu ter — / _ ,r':."�N 1� m p J ai .1 -6-201 '� J / 1000-10-1-4 /" �• w w w Z H�FALTH '/ '�' I R-40 N/F RECEIVED +, y z w cC o CT INC. SITE ",� 1000-to-1-J\ THOMAS W. CASHEL, JR. - .a>Kr Q /too0-10-1-t I / N/F ELIZABETH CASHEL I,;'\ ;. , c�.1 O w EA vraRr u+o• / N/F I _ PAUL , / DEC -4 2fli"v ---•- \\\,�r r l w a Z EDWARD$ / \TDMB4RI dr p w W LESLIE FAMILY LLC -to-t-2 / tr i N I 1000TOMBARI Southold Town Clerk w (n J� /y FIS ,n IV I _/' I Ei TRIC _` !! W 163tyN ` //(� / ' I CORP RATION / �v� _ 91iFN �17r1p,. l "� • i �J lij� 1000-t0-1-to APPLICANT; �_ U W. P \ FISHERS ISLAND UTIUTY COMPANY.INC LL `\RP/ \EUGENIE MF TREVOR PO BOX61 �604L AVENUE I -1 1 \_� STEPHEN M FISHERS ISLAND,NY 06390 1 G / I McPHERSON, JR. - IF PEOPLES IJECT a R-80 I o NOTES 7` 9`Eb/ THIS SURVEY WAS PREPARED FOR THE PARTES AND PURPOSE I >/ NDICAlEO HEREON ANY EXTENSION OF THE USE BEYOND THE > 1000-9-21 IJJ PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR- / N/F! / EXCEEDS THE SCOPE OF THE ENGAGEMENT. w Q FISHERS ISLAND 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY UTILITY COMPANY = PERSON.UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAN a INC. / SURVEYOR,TO ALTER AN ITEM IN ANY WAY. 3 ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND VSURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL 1000-9.-2-132 ARE THE PRODUCT OF THE LAND SURVEYORNIF a ' ST. JOHN'S / 4. COORDINATE DISTANCES ARE MEASURED FROM U.S.COAST AND G EPISCOPAL GEODETIC SURVEY TRIANGULATION STATION'PROS" p CHURCHO S 1 5 SITE FISHERS ISLAND,IN THE TOWN OF COUNTY OF SUFFOLK TAX MAP 1000,SECTION 8,BLOCKLOCK 6,. LOT 20.8 m 0 w � G •000-9-2-121 \ , 6. TOTAL AREA=1.281 ACRES 0 xo ti w u N/F � l 7. SITE IS LOCATED IN ZONING DISTRICT R-80 a o u 8 c $HERS ISLAND INION CHAPEL \\ DATE: 10/22/2018 SOCIETY SCALE: 1" = 100' ' Lao w 0 100 SHEET: 1 OF 1 , GRAPwC SCALE IN FEET PROJECT: #2018825 :- �.L R , a _ 1I9�-5373 t,b_. 17 U.ar ging iNAEBiil9tdE,roads the day of June ,nineteen hundred and sixty-six BETWEEN WEST END LAND COMPANY, INC., a domestic corporation, organized r' and existing under and by virtue of the laws of the State of New York, with its ;• principal offices located at Fishers Island, Town of Southold, County of Suffolk and State of New York, w t+6 V _ party of the first part,and FISHERS ISLAND UTILITY COMPANY, INC. . a domestic`"o ` Corporation, organized and existing under and by virtue of the laws of the State A of New York, with its principal offices located at Fishers Island, Town of t7, i; Southold, County of Suffolk and State of New York, a I party of the second part, #' p W=F39lEwl' j that the party of the first part,in consideration of - t ''•' " ""'l. ONE HUNDRED and OO/100 ($100.00) - - - - - - x Uwful money of the United States, and other good and valuable consider ation paid, . by the party of the second part,doe,.llereby grant and relea+c unto the parte of the +ecunel bort, floc heirs or y successors and assigns of the part) of the second part forever, ALL that certain plot,piece or parcel of land,eith the buildings and innprmernent> thereon crecte(l,situate, tying and being i Lilm on Fishers Island, Town of Southold, County of Suffolk and State of New York, consisting of sixteen (16)parcels of 1.1111, 1rlure sptcifrc ally bounded and described in schedules annexed hereto, made a part hereof and w numbered as Tracts One (1) through Sixteen (16). ,S Said sixteen(16)parcels of land are conveyed subject to all covenants, re- strictions or easements of record effecting said premises and ., TOGETHER with all easements, rights of way or other appurtc n;tnc es appurtenant to or benefiting said premises. Y" Included In and constituting a part of this conveyance is all right, title and interest of the grantor of, in or to any and all other parcels of land, situate on Fishvrs Island, if any, standing in the name of West End Land Company, Inc., and not -- a specifically described herein, together with all rights presently vested in West End Land Company, Inc., to execute releases, modifications or variations of any restrictive covenants, easements or other rights in or, over property 5rtuatc on Fishers Island now held by West End Land Company, Inc. It being the intent of the grantor to convey to the grantee all of its right, title and t interest in and to all lands owned by it situate on Fishers Island and to convey all P regulatory rights or privileges which it may have reserved in or over any and all premises now or formerly owned by it on Fishers Island. `1 This conveyance is made in the regular course of business actually conducted by -_ the party of the first part. hq A 5 'r EXHIBIT B u EXHIBIT "B" APPLICATION FOR BRIAR PATCH CHANGE OF ZONE DESCRIPTION OF PROJECT, PROPOSED USE AND OPERATION THEREOF The Fishers Island Utility Company("FIUC")provides electric, water and telephone services to Fishers Island residents year-round. FIUC has a pressing need to create new housing on the Island for employees who are critical to the Island's utility operations. Due to the need for operations coverage at all hours, FIUC cannot rely on an operations work force that commutes from the mainland because the Island has limited ferry service or, in heavy weather,no ferry service. Unfortunately, the inventory of properly winterized family housing on Fishers Island available for purchase or rent is very limited. The shortage has become more acute over time as seasonal residents buy up what were formerly year-round residences and, in the process, drive up market prices for houses that do come on the market. As a result, FIUC has determined that it needs to develop new housing that it owns and can make available to its on-Island employees. The most cost effective way to do so is to build multi-family units, which make more efficient use of land than single-family units, and to do so on vacant land that FIUC already owns, thereby avoiding the cost of land purchases. Additional cost benefits can be achieved using refabricated, energy-efficient construction techniques. Cost efficiencies are essential in mitigating the need for utility rate increases to finance utility employee housing. As a first new housing project, FIUC hopes to construct a two-family dwelling with separate driveways and garages in a confirming location on its"Briar Patch"property which is located on the west end of Fishers Island at the corner of Central and Crescent Avenues. The Briar Patch is a 1.28 acre(55,757 sq.ft.) lot with a buildable area large enough to accommodate such a dwelling. FIUC is seeking a change of zone to Hamlet Density (HD) for the Briar Patch property because it is in an R-80 zoning district which, for the construction of a two-family dwelling, would require special exception approval and a minimum lot size of 160,000 sq. ft. In contrast, in an HD zoning district, a two-family dwelling can be constructed as of right on lots that are 40,000 sq. ft. or larger. The utility employees that FIUC wishes to household year-round jobs on the Island. For senior staff, employment tends to be long-term, allowing them to raise families on-Island and thereby broaden the community. For junior staff, these jobs involve training and professional qualifications for potential career advancement. Many of the utility employees, given their skill sets, are well suited for the volunteer fire department and emergency medical services. FIUC submits that HD zoning of the Briar Patch property would be compatible with the year-round residential community on the west end of Fishers Island and justified by the unique circumstances of the Island. 1 61Z20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine,in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large,then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: r7l Part 1 n Part 2 ®Park 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant 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.* 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) website Date Page 1 of 21 PARI" 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 maybe 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 Briar Patch Change of Zone Location of Action(include Street Address,Municipality and County) Corner of Central Avenue and Crescent Avenue,Fishers Island,NY Name of Applicant/Sponsor Fishers Island Utility Company Address P O.Box 604 City I PO Fishers Island State NY Zip Code 06390 Business Telephone 631-7$3-7251 Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: Change of zoning classification for subject property from R-30 to Hamlet Density(HD). Page 2 of 21 r Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban M Industrial F Commercial M Residential (suburban) M Rural (non-farm) ®Forest ®Agriculture Other 2. Total acreage of project area: 1.28 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 1.13 acres .63 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) .15 acres •15 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 0 acres .10 acres Other(Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained 88%of site ®Moderately well drained %of site. Poorly drained 12%of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 0 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? M Yes H1 No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: 0-10% % 10- 15% % ® 15%or greater % 6, is project substantial) contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? LJYes onNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes, No B. What is the depth of the water table? 5.5 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? P1 Yes ® No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ®Yes Ma No Page 3 of 21 11.. Does project site contain any species of plant or animal life that is identified as threatened or endangered? MYes PlNo Accordin to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes,other geological formations? MYes rMl No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ®Yes �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: E a. Name of Stream and name of River to which it is tributary E 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? R Yes ®No a. If YES, does sufficient capacity exist to allow connection? no Yes No b. If YES, will improvements be necessary to allow connection? ®Yes RiNo 18. Is the site located inan agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,Section 303 and 304? ®Yes E 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 617? ®Yes . No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes ®. 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: 1.28 acres. b. Project acreage to be developed: .5 acres initially; .5 acres ultimately. c, Project acreage to remain undeveloped: .78 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 4 g. Maximum vehicular trips generated per hour: N/A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 0 0 0 0 Ultimately 0 1 0 0 i. Dimensions (in feet) of largest proposed structure: 2-story height; 36 width; 100 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 400 ft. (corner lot) 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 R Yes ®No N/A a. If yes, for what intended purpose is the site being reclaimed? Disturbed meas will be ievegetated after conshuction. b. Will topsoil be stockpiled for reclamation? rolYes ri No c. Will upper subsoil be stockpiled for reclamation? n Yes ® No 4. How many acres of vegetation (trees,shrubs, ground covers)will be removed from site? +1-.5 acres. Page 5 of 21 5. Will any mature forest(over 100 years old)or other locally-important vegetation be removed by this project? ®Yes M No 6. If single phase project: Anticipated period of construction: 12 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ® Yes M No 8. Will blasting occur during construction? M Yes FIBI No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities?M Yes M No If yes, explain: 12. Is surface liquid waste disposal involved? M Yes rl !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? M Yes No Type- Conventional Septic System 14. Will surface area of an existing water body increase or decrease by proposal? ®Yes FBI No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? 17 Yes M No 16. Will the project generate solid waste? ®Yes No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ®Yes ®No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ®Yes R No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes IF, 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? ®Yes FRI No 19. Will project routinely produce odors (more than one hour per day)? Yes F No 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes POI No 21. Will project result in an increase in energy use? I Yes 17 No If yes, indicate type(s) Electrical connection necessmy for two dwelling units. 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date Change of'Lone City, Town, Village Board M Yes rel No City, Town, Village Planning Board El Yes ® No City, Town Zoning Board M Yes ® No City, County Health Department ®Yes ® No Other Local Agencies ®Yes ® No Suffolk County Planning Other Regional Agencies ME Yes M No Commission State Agencies ®Yes ® No f Federal Agencies ®Yes ®No C. Zoning and Planning Information 1, Does proposed action involve a planning or zoning decision? FYes ® No If Yes, indicate decision required: MZoning amendment Zoning variance ®New/revision of master plan ®Subdivision ®Site plan Special use permit ®Resource management plan ElOther Page 8 of 21 2. What is the zoning classification(s) of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? One dwelling unit 4. What is the proposed zoning of the site? Hamlet llensity 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Two dwelling units 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? �Yes ®No 7. What are the predominant land use(s)and zoning classifications within a 1/a mile radius of proposed action? Residential land in R-80 zoning district,some in R-40 district. Some properties in LB zone as well. 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? Yes r7l No 9, If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorizations)for the formation of sewer or water districts? F Yes ® No Foi eater connection 11. Will the proposed action create a demand for any community provided services (recreation, education, police,fire protection? Fol Yes ® No a. If yes, is existing capacity sufficient to handle projected demand? �Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes M 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 the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor in D.FinneUan,Esq. Date ?/ 2t v Signature Title Agent/Sponsor If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information(Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. 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. I 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. I The number of examples per question does not indicate the importance of each question. I In identifying impacts,consider long term,short term and cumulative effects. Instructions(Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact.If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. 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. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact,also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ® YES 11 Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot ® ® Yes 17No 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 ® ® Yes 17,No is less than 3 feet. • Construction of paved parking area for 1,000 or more ® ® Yes "No vehicles. • Construction on land where bedrock is exposed or ® ® ® Yes ®No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ® ® ® Yes []No involve more than one phase or stage. • Excavation for mining purposes that would remove ® ® Yes f7'No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ® ® ®Yes r7No • Construction in a designated floodway. ® ® ®Yes '"No • Other impacts: ® ®Yes E]No 2. Will there bean effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) ®NO ®YES • Specific land forms: ® ® ®Yes ONo 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 ®YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ® ® Dyes ®No • Dredging more than 100 cubic yards of material from channel of ® n ®Yes 0 No a protected stream. • Extension of utility distribution facilities through a protected water ® ' ® ®Yes ri No body. • Construction in a designated freshwater or tidal wetland. ® ® ®Yes ri No • Other impacts: ® ®Yes [D No 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 ® M F7 Yes 17 No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ® ® ®Yes E]No area. • Other impacts: ® ® ®Yes 0 No Page 12 of 21 1 2 3 ~ Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO ®YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ® ® M 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 F Ryes F No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ® Yes ®No supply system. • Proposed Action will adversely affect groundwater. ® ® Yes 17 No • Liquid effluent will be conveyed off the site to facilities which ® ® Yes ®No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ® ®Yes 17' No per day. • Proposed Action will likely cause siltation or other discharge into ® ®Yes Fill No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ® ® ®Yes ®No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ® ® ®Yes FINo water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ® ®Yes ®No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ® ® ®Yes ®No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? ®NO ®YES Examples that would apply to column 2 • Proposed Action would change flood water flows ® El ®Yes ®No • Proposed Action may cause substantial erosion. ® ® ®Yes FINo • Proposed Action is incompatible with existing drainage patterns. F7 ® ®Yes rJ,No • Proposed Action will allow development in a designated El ® ®Yes E]No floodway. • Other impacts: ® El ®Yes ®No IMPACT ON AIR 7. Will Proposed Action affect air quality? r1lNO ®YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any M ® ®Yes rJNo given hour. • Proposed Action will result in the incineration of more than 1 ton M ® Yes 171 No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs,per hour ® ® ®Yes DNo or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ® ® ®Yes No committed to industrial use. • Proposed Action will allow an increase in the density of ® ® ®Yes ®No industrial development within existing industrial areas. • Other impacts: ® r] rlYes MNo IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ®NO ®YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ® ®Yes ®No Federal list,using the site,over or near the site,or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ® ri ®Yes E]No • Application of pesticide or herbicide more than twice a year, ® ® ®Yes rINo other than for agricultural purposes. • Other impacts: ® ® ®Yes ®No 9, Will Proposed Action substantially affect non-threatened or non- endangered species? ®NO ®YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® ® ril Yes ®No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ® ® ®Yes F7No mature forest(over 100 years of age)or other locally important vegetation, • Other impacts: ® ® ®Yes ®No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ®NO ®YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to ® ® ®Yes ®No agricultural land(includes cropland,hayfields,pasture,vineyard, orchard,etc.) • Construction activity would excavate or compact the soil profile of ri ® F7 Yes r7 No agricultural land. • The Proposed Action would irreversibly convert more than 10 ® ® ®Yes No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of 17 ® ®Yes ®No 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: ® ® ®Yes ®No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary,use the Visual EAF Addendum in Section 617.20,Appendix B.) ®NO YES Examples that would apply to column 2 • Proposed land uses,or project components obviously different ® ® ®Yes [7 No 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 ® ® ®Yes ®No 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 ® rl ®Yes ®No significant screening of scenic views known to be important to the area. • Other impacts: ® ® ®Yes [I No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? rJ1NO ®YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or ® ®Yes ®No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ® ® My., ri No the project site. • Proposed Action will occur in an area designated as sensitive ® ®Yes rl No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ® ®Yes ®No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ® NO ®YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ® ® ®Yes 17,No • A major reduction of an open space important to the community. ® ® M Yes MI.No • Other impacts: ® ® ®Yes ®No F- 11 1 IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? nNO ®YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ® ® [7Yes ®No • Proposed Action will result in a reduction in the quantity of the ® ® ®Yes No resource? • Proposed Action will result in a reduction in the quality of the ® ® M Yes ®No resource? • Proposed Action will impact the use,function or enjoyment of the ® ® ®Yes ®No resource? • Other impacts: ® ® E]Yes r1No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ®NO n YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ri ® ®Yes ®No goods. • Proposed Action will result in major traffic problems. ® ® ®Yes ®No • Other impacts: ® ® ®Yes ®No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ®NO ®YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the ® ® ®Yes rl No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ® ® ®Yes ®No 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: ® ® ®Yes ®No NOISE AND ODOR IMPACT 17. Will there be objectionable odors,noise,or vibration as a result of the Proposed Action? ®NO ®YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive ® ® ®Yes ®No facility. • Odors will occur routinely(more than one hour per day). ® ® ®Yes ®No • Proposed Action will produce operating noise exceeding the ® ® ®Yes ®No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ® ® O Yes ®No noise screen. • Other impacts: ® ®Yes ®No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ®NO ®YES • Proposed Action may cause a risk of explosion or release of 17 ® ®Yes ®No hazardous substances(i.e.oil,pesticides,chemicals,radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" ® rl ®Yes 1711,No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of liquefied ® F1 ®Yes ®No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ® ® ®Yes 17,No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ® ®Yes ElNo IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? NO ®YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the ® ®Yes F7No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ® ® ®Yes rlNo services will increase by more than 5%per year as a result of this project. • Proposed Action will conflict with officially adopted plans or ® El ®Yes r7l No goals. • Proposed Action will cause a change in the density of land use. rl ® ®Yes rill No • Proposed Action will replace or eliminate existing facilities, ® ® ®Yes FiNo structures or areas of historic importance to the community. • Development will create a demand for additional community ® U riYes r1No services(e.g.schools,police and fire,etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ® ® ®Yes ®No projects. • Proposed Action will create or eliminate employment. F7 ® Yes ®No • Other impacts: ® ® ®Yes ®No 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? ®NO ®YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s)is considered to be potentially large,even if the impact(s)may be mitigated. Instructions(If you need more space,attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available,decide if it is reasonable to conclude that this impact is important. To answer the question of importance,consider, ! The probability of the impact occurring 1 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. Page 21 of 21 '' 1 PROOF OF MAILING NOTICE In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L.Edwards,3555 E.Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island,NY 06390 Island Health Project P.O. Box 344,Fishers Island,NY 06390 Christopher& Trudi Edwards P.O. Box 167, Fishers Island, NY 06390 Cary Brown 2916 Langford Drive, Charlottesville,VA 22903 Paula Pendergast Trust 56 Tarpon Lane,Key Largo,FL 33037 Mary Meyer 180 Riverside Drive, New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323, Aiven, SC 29802 St.John's P.O. Box 505,Fishers Island, NY 06390 Paul and Leslie Tombari P.O. Box 357, Fishers Island, NY 06390 Lynne Krauza, residing at Aquebogue,New York, being duly sworn, deposes and says that on the 20th day of November, 2018,deponent mailed a true copy of the Notice attached hereto,directed to each of the above-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 current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Office at Riverhead, New York; that said Notices were mailed to each of the said persons by certified,registered receipt mail. Copies of the certified receipts are also attached hereto. l Lynne Krauza Sworn to me the 3rd day ecem , 2018. Nota Public MARTIN D. FINNEGAN Notary Public, State of New York No. 01F16056707 Qualified in Suffolk County commission Expires March 26,10 } TOWN BOARD,TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Fishers Island Utility Company TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Property Owners on List Attached 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 request a Change of Zone from R-80 to Hamlet Density(HD) 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000-6-6-20.8 Property Address: Corner of Central and Crescent Avenues, Fishers Island,NY 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: Hamlet Density(HD) 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 newspaper 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 su��c1h he ring. Dated: November��, 2018 l� Pe oner: ishers Island Utility Company J. ristopher Finan,President Mailing Address: P.O.Box 604 Fishers Island,NY 06390 In the Matter of the Petition of Fishers Island Utility Company to the Town Board of the Town of Southold. ADJACENT PROPERTY OWNERS NAME ADDRESS Edwards Family LLC c/o Deborah L.Edwards, 3555 E.Placita De La Raza, Tucson,AZ 85718-7448 Island Peoples Project P.O. Box 523,Fishers Island, NY 06390 Island Health Project P.O. Box 344,Fishers Island, NY 06390 Christopher&.Trudi Edwards P.O. Box 167,Fishers Island,NY 06390 Cary Brown 2916 Langford Drive, Charlottesville,VA 22903 Paula Pendergast Trust 56 Tarpon Lane,Key Largo,FL 33037 Mary Meyer 180 Riverside Drive, New York,NY 10024 Michael L. McLaughlin Revocable Trust P.O. Box 323,Aiven, SC 29802 St.John's P.O. Box 505,Fishers Island, NY 06390 Paul and Leslie Tombari P.O. 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Utility Co. change of zone Attachments: Laserfiche Documents.zip; Laserfiche Documents.zip Paula, Attached, please find the application and the map for the change of zone application of the Fishers Island Utility Company. Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 1 1