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HomeMy WebLinkAboutWindham Resources, LLC -W/drawnGREGORY F. Y~OSKI TOWN ATTORNEY greg.yakaboski(_wtown.southold.ny.us PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY pat ricia.fimmgan !( town .southold.ny us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1939 l:acsimik (¢>31} 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Supervisor Horton Town Board From: Date: Re: Patricia A. Finnegan, Esq. Assistant Town Attorney February14,2003 Change of Zone Applications The following is a monthly status on the pending change of zone applications: Amerada Hess -Val Scopaz prepared a 1/21/03 memo to Elizabeth Neville containing numerous comments on the second draft SEQRA report prepared by John J.' Raynor, the consultant performing the SEQRA review., for the Town. On January 29, 2003, I forwarded the memo to Raynor, asking him to consider Val's comments and prepare a final report. I have received several calls from the attorney representing Hess inquiring as to the status, as well as from Jospeh Finora, a neighbor of the gas station. Both have been advised that the SEQRA process is moving along. I expect to receive a report from Raynor within the next few weeks. Once the report is received, it will be forwarded to Val for review and subsequently scheduled for hearing. Mattituck Housing/Factory Avenue (AHD)-- You have recently received a copy of my 2/10/03 letter to George Weiser outlining the next steps of the process, as it relates to the change of zone. This letter was sent in response to his inquiry beth by phone and letter about the process and when he could expect a public hearing. No request for moratorium waiver has been filed by the applicant, nor have they provided all the requested information to complete SEQRA. Quad Enterprises - no activity - see attached 10/21/02 memo. DBM Co. - Please see attached memo for information on this application. To date, nothing has been done with this application. Richard Israel was in the Clerk's office last week requesting information on the status of the application. At this time, the Board can decide if correspondence should go out to the applicant regarding the moratorium, if the application should be accepted and SEQRA should begin, or if the application should be returned. Please advise how the Board wished to handle this matter as Mr. Israel has been calling the Town Attorney's office for advice on the application. Peconic Design and Construction- This is a George Weiser subdivision proposed in Southold. See attached memo. On December 3, 2002, an incomplete application for waiver from the moratorium was received in the Clerk's office. I returned the application to Ms. Mesiano on December 9th with a copy of the moratorium law and advised her that more information was required. On January 22, 2003, a letter was received in the Clerk's office asking that the waiver application be withdrawn and the fee refunded. No further information was offered. Estate of Grace Edson- no activity - see attached memo. Windham Resources LLC- This is a new application, which has just been determined to be acceptable by Planning and the Town Attorney's Office. Accordingly, the SEQRA process will begin shortly. The applicant seeks to change the zone on a property located at Athol Crescent, Fishers Island, from R-80 to HB. The request is made because the "residential zone is out of character with the surrounding land uses and the proposed use of the property next door". It is hoped that the SEQRA and Planning process can move along such that the public hearing can be scheduled for the August Town Board meeting on Fishers island. If you have any questions or comments on any of these matters, please contact me. Pat PAF/md cc: Elizabeth A. Neville, Town Clerk w/attachment Valerie Scopaz, Town Planner w/attachment GREGORY F. YAKABOSKi TOWN ATTORNEY KATIiLEEN MURt~Y ASSISTANT TOWN ATTORNEY PATIRICIA A, tFI[NN~OAN Supervisor Town Hall, 58095 Rcu~e 25 P,O. Box 1179 Souihold~ New York 11971-0959 ~elephone (68i) 765-1939 e-rash: gr ~g:yakaboski~)f~own>~ouLhold. ny.ua pah icia fi nl~c~Fan;g~}lown s m~h old.ny.us OFFICE OF THE TOWN ATTOllNC, Y T©WN OF' SOUTH(-)LD To: Supervisor Horton Southold Town Board From: Patricia A. Finnegan, Esq. Assistant Town Attorney Date: October 21,2002 Re: Change of Zone Applications (Non-AHD) The following is a list of all of the pending change of zone applications presently before the Town Board, Amerada Hess - I forwarded a status memo on this on October 15th -- Val Scopaz's memo was forwarded to Raynor on October 10, 2002, for review in conjunction with SEQRA · Skrezic - hearing to be held 10/22/02 Quad Enterprises. R-80 to HD. Application to construct 126 senior townhouse units on a 31.4 acre parcel between Young Avenue (Railroad Avenue) and Boisseau Avenue, south of Rte 48 in Southold. SEQRA has been commenced and file has been forwarded to Suffolk County Planning for review. They will not perform their review until they have the recommendations of the Planning Board, and additional items mentioned in the SEQRA repod (SCWA availability letter, density computation, and Archaeological Survey). The Planning Board will not prepare recommendations until after the moratorium has concluded. The Board can consider whether they want the Town Attorney to correspond with the applicant re: the moratorium, to advise the applicant that no further action will be taken on this application until after the moratorium has concluded, and to advise them of the further information needed to complete SEQRA per the report of NPV. DBM Co. - Two applications have been submitted by Richard Israel on behalf of DBM Co., for developments known as Highpoint Pines and Highpoint Landing. Highpoint Pines is designed as an affordable subdivision under the AHD and Highpoint Landing is a senior condominium development under the HD zone. The property is currently zoned R-80. No action has been taken on these applications to date, and they are waiting to be reviewed by the Planning Board and the Town Attorney's Office for completeness. Again, the Board can decide if correspondence should go o_u~' ~'? the al~p!!pant regarding th¢ moratorium, and decide if they want to -begin the SEQRA process now or wait until the moratorium has concluded. It makes no sense to refer the matter to the Planning Board at this time. Peconic Design and Construction - Petition submitted by George Wieser for rezoning from HB and R-80 to HB to allow for the development of an 18-unit retirement community, consisting of 9 semi-detached units. The property is on the north side of the Main Road, east of Boisseau Ave in Southold. Application was filed on October 30, 2001. SEQRA has not been started. It is my understanding there have been discussions about altering the plan as submitted with regard to landscaping, etc. I have left a message with applicant's agent, Cathy Mesiano, to contact me with a status update. Estate of Grace Edson - On the Main Road in Cutchogue, change from R-80 to HB. Per the applicant, SEQRA has not been started. The applicant was considering altering the application to change the zone to B- General Business. Greg spoke with Gall Wickham, applicant's attorney in May 2000 and asked if the rezoning application was ready for submittal to the Town Board. She said it was not, she was still considering changes and would be meeting with the Planning Board. Ms. Wickham indicated that she would send a letter when the application was ready to be submitted, and the Town Attorney's office has not heard from her on this matter since then. At this time, the Town Board could either do nothing, consider denying the application for inactivity, or I could correspond with applicant to determine what applicant intends to do. Accordingly, the only two active applications not held up by the moratorium are Skrezic and Hess. Skrezic will have the hearing on Tuesday, and SEQRA is still being conducted on Hess. A question has been raised as to whether the Board is required to consider the applications that have been submitted, or whether, particularly in the case of DBM where no action has taken place, the Board can simply refuse to entertain the petition at this time. The Code reads, "The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, modify, or repeal..," the Zoning Code. The question is whether the word "ma.V' gives the Board the right to refuse to entertain the petition. There is no state law requirement that the Board hear the petition. However, since the Code provides the opportunity to change the zone by filing a petition, the Board may run into some problems if it simply decides to refuse the petition, I spoke with an attorney at the Department of State, who agreed that basic due process would require the Board make some decision on the application, Based on the moratorium, it may be reasonable for the Board to pass a resolution rejecting the application of DBM, indicating it would be appropriate to refile it after the moratorium. Otherwise, SEQRA could be started with the understanding that no action will be taken by the Planning Board until after the moratorium. As such, the Board can decide how it wishes to proceed with these matters, either to correspond with the applicants, take no action at all, or return the applications. ~$/'~,,"20~ 11:59 5165373~45 RICHAR~ M ~IATHEW PAGE 02 Richard 1~. Mathew Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box la28 Bridgchampton, New York 11932 Tel: (631) 537-1984 F~x: (631 ) 53'1-3445 E-mail: RMMathewEsq(~aol.com RECEIVED JU~ 3 2O03 ~o,thold Town Cleri Maxine I-/irt Of Couaael 2 June 2003 Ms. Elizabeth A. Neville Southold Town Clerk Town Hall 53095 Main Road P.O. Box 1179 Soulhold, NY 11971 RE: Wlndham Resources LLC - Change of Zoning Classification Deaz Ms. Neville, W~ah regard to the above-referenced matter, Windham Resources has decided to '0dthdtaw its application at this tim~. Thank you for your assistance over the past months. Very truly yours, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI:I~IATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD To: Town Attorney Gregory F. Yakaboski Town Planner Valerie Scopaz From: Town Clerk Elizabeth A. Neville/~ Re: Change of Zone Application of W~ndham Resources LLC Date: January 8, 2003 Transmitted herewith please find a copy of the above application change of zone application received by mail on this date. Please review as to completeness and advise me, in writing, if you deem the application as acceptable for submission and acceptance. Thank you, Cc: Supervisor & Southold Town Board P--.ADIU5 MAP' POP-, ZONE E..,HAN®E 51TUATE: f:::I.54-1ER5 15LAN~ TO~N'. ~20THOLI~ ¢--_~PPOL~ COUNT'C, NY AU®t2~¥ ~, 2002 %UPPOLK COUNTY ,tAX ~ N E S FOX × / A~NUE ~-.APHIG SGALE OWNEE5 LiST TAX MAP' No. I000 q- F I UT[L[TIE~ CO. ]NO. (COi'4"4E F!C IAL EA)I LE21N®) (VACANT) (BUlLP'INO) CANIO A TO®LIA (BUlLOIN®) PE~OF~AH ~. ~HILLO 4 8,.5 ELIZABETH Id. PUF~E ,$ THOh'IA~ J IdAT~ON (BUILDING) 4 IM HENRY L. PEReUDON HU6EUH lNG. 4-13 (VACANT) H. ELIZABETH 5AVA~E ~ JOHN 5.H. ~ASLE~ 4-22.2 4-2~ NOTE: ITEMS IN PARENTHESIS INDICATE BUILDING TYPE PARCEL ~ESC, RIPTION I"= I00' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Richard M. Mathew Tel: (631) 537-1984 Fax: (631) 537-3445 E-mail: RMMathewEsq~aol.com 6 January 2003 Maxine Hirt Of Counsel Ms. Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, NY 11971 RE: Windham Resources LLC - Change of Zoning Classification Dear Ms. Neville, With regard to the above-referenced matter and further to your letter of December 165', enclosed please find the following completed documents and material: 1. 4 sets of the completed application and petition including: cover letter forms · affidavits · project description (attachment to Petition) · metes and bounds description (attachment to Petition) · Environmental Assessment Form · survey 2. 1 copy each of the 2 deeds 3. Windham Resources LLC's check number 1126 in the mount of $1,000.00 to cover the filing fee. We have retained the Notice to Adjacent Property Owners and the Proof of Mailing Notice until we are advised by you to proceed, after which we will submit those completed forms. We look forward to hearing from you. In the meantime, should you have any questions, please do not hesitate to contact me. Very truly yours, Richard M. Mathe~v ELIZABETH A. NEVILLE TOWN CLERK REGISTtLKR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Soutb. o[d, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REOUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Windham Resources LLC 0Wame under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000-9 0 0 0 0 - 0 0 2 District Block 007. 000 and -006 .100 Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in a accordance with the Section 100 -292 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 two hundred (200) feet of all boundaries of the property to be amended. x 4. Metes and bounds description of the proposed amendment. __ 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. 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): ldindharn Resources LLC Address: c/o Richard M. Hal:hew, Esq. LLC P.. O. Box 1428 Bridgehampron, Telephone No. 631-537-1984 New York 11932 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. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name mid title of the responsible officer: Name: Title: Address:(if different) Telephone No.: 3. Landowner(s): ¢/±ndham Resources LLC Title: bi±ha Lc'ch, ~Ianager Address: ^thol Crescent Ftsher~s Is/and, Hew York 11971 Telephone No.: 203-227-2854 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: ,John C. Ehlers Title: Surveyor Name of Firm: John C. Eh]lets, Land Surveyor Address: 6 East I'4ain Street, R±verhead, New York 11901 Telephone No.: 631-369-8288 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicm~t: Name: Richard M. Mathew, Esq. LLC Title: Name of Firm: Richard M. Mathew, Esq. LLC Address: P. C~. Box 1428 Bridgehampton, New York 11932 Telephone No.: 631-537-1984 All conununications with regard to this application shall be addressed to the following person until further notice: Name: Richard M. Mathew, Esq. LLC Title: Address: P. 0. Box 1428 Bridgehampton, New York 11932 Telephone No.: 631-537-1984 C. SITE~PROJECT DATA: 1. Location of Property Southerly Side (north/south/east/west) side comer of Athol (street) Crescent 0 or road) of Oriental Avenue (nearest intersecting street) Existing zoning district(s) R-80 Special Overlay District(s), if applicable feet East (north/south/east/west) Fisher~s Island (hmnlet) 3. Requested zoning district(s) Hamlet Business 4. Lotarea: 9_8~774 sq ft +/- sq. ftoracres 2.23 ac 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE 6/2/78 8437 400 12/31/59 4750 530 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? YES x NO 7. All buildings and structures are show~ on the survey? YES x NO (The Town Board reserves the right to request a complete survey showing all existing structm'es.) $. Existing: Building Area 95,396.4 sq, fl. Lot coverage N/A 9, Please attach a detailed lypewritlm~ description of lhe project, the proposed usc and operation thereo[; including a detailed explanalion of the design coucq~l, tl~c reason FOF the particular design, objective of thc developer or project sponsor and how of why the proiect is (or is not) in compliance wilh thc Town Code and lbo Maste~ Phm. Explain what benefits will aCCFUC to thc COIllnlUll{ty by the proposed t'czonitag. I)ocunlcnt ['G[lsous why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEORA (See Part 617, NYCRR and Chapter __ Town Code) of Does the site ?rant on a Town, County of State Road? (circle one) Name and num. 'r of the road (i.e. County Road 48, State Road 25) Is the site within any ,~ ~ areas of review of the Suffolk County Plam~ing Commission? YES x ). If yes, the referral requirements of the Suffolk County Plamfing 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 __ of the Town Code? YES x NO. If yes, what area? __ 4. Type I, Type II or Unlisted Action (circle one) An environmental Assessment fo~nn must be completed for Unlisted and Type I actions. Has an Environmental Assessment Fonn 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. APPLICANT'S SIGNATURE Sworn [~efore me this o~4t~ day o f/'~/~kOx4 ,200~. 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 being duly sworn, deposes and says that he/she resides at in the County of and the State of and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle)) of the premises described in the foregoing application and that he/she has authorized Sworn ~efore me thi~l,j~ Day of U NOTAI~Y PUBLIC:"~X.J to make the foregoing application for amendment and/or change of zone as described here in. NAME SIGNATURE If a corporation, name of corporation and Officer's title G. DISCLOSURE AFFIDAVIT StateofNc,,'71,~,,~' Ca vt~ 6c4~'*~ County of Su,q%ik ~ ir ~t'~L~ ~ndham Resources being by me duly sworn, deposes and says: 1. I am an applicant for a project or an 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 nan~e is: W±ndham Resources Zone Change 3. 1 reside at 35 Woods Grove Road Westport, CT 06880 4. The Officers of the applicant corporation or owner corporation are as follows: NANIE TITLE Nina Leth Manager_ I make and complete this affidavit under the penalty of perjury and swear to the troth herein. 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. 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 If the answer to Question 7 is yes, Town Code Chapters __ and __ require that the information be provided below: Name Title (Owner, Aeent, 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 co4trols 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 Sworn before me this ~ Day ofl~/X~/l~/, 2(~ Nina Leth SIGNATURE PETITION NO. PETITION STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF Windham Resources LLC FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. Windham Resources LLC, residing at c/o Richard Mathew, Esq., PO Box 1428, Bridgebampton, NY 11932, Suffolk County, New York, the undersigned, is the owner of certain real property situated at Athol Crescent. Fishers Island , and more particularly bounded and described as follows: 2. Windham Resources, LLC hereby petitions the Town Board of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning classification of property located at Athol Crescent, Fishers Island, New York, and identified as Nos. 1000-9-2-7 and 100-9-2-6.1 on the Suffolk County Tax Map, fi~om R- 80to Ham[et Business. 3. Such request is made for the following reason: See Attached Rider Signature STATE OF NEYV YORK) ss: COUNTY OF ~FFOLK) N,'/q~ ~. Le.-t-h . .E,.C ou,.Y swo.., deposes an~ sa~s that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. REASONS FOR CHANGE OF ZONE REQUEST ATHOL CRESCENT, FISHERS ISLAND SCTM ## 1000-9-2-6.1 and 7 Windbam Resources, LLC, the owner of the above-referenced property, hereby petitions the Southold Town Board for a zone change fi.om R-gO to Hamlet Business for one simple reason - the residential zone is out of character with the surrounding land uses and the proposed use of the property next door. The Anthoine family, principals of Windham Resources, has owned the subject Lot 7 for 42 years, and the subject Lot 6.1 for 25 years, during which time the family has used the property as a summer and occasional weekend residence. During the years of the family's ownership, the surrounding land uses have evolved into primarily commercial and governmental use. Currently, a U.S. Post Office and a firehouse (constructed in the late 1970s), the offices of the Fishers Island Utility Company, a liquor store, ice cream shop, coffee shop/food store, several gift shops (one that rents bikes), an art gallery, a church and cemetery are in the immediate vicinity of the Anthoine property. Given the fact that the subject lots lie geographically at the center of town on Fishers Island, the Anthoines have been content to live with the status quo, living with the noise firom the commercial activity in town and the traffic of an ever-increasing summer population, as well as Saturday morning car washes at the firehouse, special events, running races and parades that often block access to their driveway. Several years ago, however, The Island Health Project, Inc., began a fundraising campaign to enlarge the doctor's residence and construct a new medical facility next door to the subject lots, changing its use from a residence with an in-home office to that of a health "clinic" to service all of Fishers Island. This intended use of the adjacent property, when coupled with the other surrounding uses aforementioned, has become the "straw that broke the camel's back" in that should it come to fruition, the character of the neighborhood would be overwhelmingly non~ residential. Although the Anthoines would like to keep their property as is, they recognize that the quiet enjoyment of it would become more difficult as traffic and noise, particularly the specter of ambulances arriving next door at all hours of the day and night, increase. They wish to maintain the value of their lots and request this zone change to finally become consistent with the actual uses, surrounding them, and the proposed uses of the property next door. SCHEDULE A Description of Property by Metes and Bounds TaxMap # 1000-9-2-6.1 & 7 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk being more particularly bound and described as follows: BEGINNING at a point on the Southeast comer formed by the intersection of the southerly side of Athol Crescent and the easterly side of Oriental Avenue; RUNNING THENCE along Athol Crescent North 57 degrees, 38' 00" East 478.43 ft to a point and the western side of Crescent Avenue; THENCE South 7 degrees 26' 45" East 220.78 feet to a point and land now or formerly of Charles B. Ferguson & Wife; THENCE South 40 degrees 20' 56" West 156.97 feet along last mentioned land and land now or formerly of Jill Elizabeth Rogan, to a point; THENCE South 25 degrees 54' 58" East 28.93 feet along land now or formerly of Jill Elizabeth Rogan; THENCE South 28 degrees 45' 20" West 27.13 feet along last mentioned land to a point and land now or formerly of Fishers Island Civic Association; THENCE North 66 degrees 29' 40" West 30.95 feet along last mentioned land; THENCE South 77 degrees 45' 30" West 100.89 feet along last mentioned land to a point and land now or formerly of Island Health Project, Inc.; THENCE South 52 degrees 16' 40" West 74.67 feet to a point and the easterly side of Oriental Avenue; THENCE along the easterly side of Oriental Avenue North 37 degrees 43' 20" West 263.37 feet to the point or place of Beginning. ' · ' 14:16-2 (2187)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e~pert 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 gAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actiom full £AF Components: The full gAF 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 potentialJyo large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of £AF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information ~ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude 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. E3 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 Declarati0n is only valid for Unlisted Actions Windham Resources Zoning Change Name of Action Southold Town Roard Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date 1 ~15~?~44~ RZONARD H HATHEW 617.21 Appendix ~ State Envlronmenia~ Ouallty Review FULL ENVIRONMENTAL ASSESSMENT FORM PAGE SEQR Purpose: The full EAF is designed to help applicants and agenc~s determine, in an orderly manner, whether a proiect or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly. there are a~pects of a project that are subjective or unmeasureabie, It is also understood that those who determine ~ignificance may have little ot no formal knowledge of the environment or may be technically e~pert in environmental analysis. In addition, many who have knowledge in one particular ~rea may not be aware of the broader concerns ~ffecting the question o~ significance. The full EAF is in[ended to provide a method whereby applicants and agencies can be assured that the determination proces~ has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Componehts: The full EAF is comprised of three parts: Part 1: Provide~ objective data and information about agiven project and its site, By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3t Peri 2: Focuses on identifying the range of possible impacts that may occur from a project or actio'n. It provides guidance as to whel. her an impact is likely to be ce~sidered 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 riot the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identity the Portions of EAF completed for this project: I~ Part ] ED Part 2 EDPar't 3 Upon review of the information ~'ecorded on this EAF (Parts ] and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude an~ importance of each impact, it i5 ressoga~ly determined by the le~d a8ency that: A. The project wi]~ not result in any large and important impacts} and. therefore, is one whic~ will not have a significant impact on the environment, therefore a negative declatalion will be prepared, B. Although the project co~ld have z significant effect on the environment there will not be a significant effect for this Unlist6d Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declara6on will be prepared.~ C. The pto~ect may result in one or more large and important ~mpacts that may have a significant impact on the environmen% therefore a positive declaration will be prepared. ' A Condi(ioned Negative Dec~aration is only va~id ~or Unlisted Actions Print or Type Nanqe of Responsible Officer in Lead Agency Title of Responsible Ollicer Signature of Responsible Olflcer in Lead Agency Si§na[ureot eparer(Ifdifle}entfromresponsible Date officer) PART 1--PROJECT iNFORMATION Prepared by Project Sponsor NOIICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment Please complete the entirre form, Parts A through E, Answers to these questions will be considere, as part of the application for approval and may be subject to further verJflcatian and public review, Provide any additionE information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full £^F will be dependent on information currently available and will not invoiv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION Athol Crescent, Fishers Island, Town of Southold, County of Suffolk NA~ OF APPLICANT/SPONSOR windburn ResoLLrces .T~J2 C/O Richard M. Mathew, Esq., LLC P.O. Box 1428, Bridqehampton Same t 631) 537-1 984 BUSINESS TELEPHONE. cIrYIPO OEeCRIPTION OF ACTION .Chang~ of zone fram R-BO to HB Please Complete Each Question-Indicate N,A, it nol appJicabJe A. Site Description Physical setting of overall project, both developed and undeveloped areas, 1. Present land use: E}Urban [~]]ndustrial []Forest []Agriculture 2. Total acreage of project area: 2,23 acres, APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, otc) Wetland (Freshwater or tidal as per Articles 24, 25 of t~CL) Wa[er Surface Area Unvege~ated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3 What is predominant soil type(s) on project site? , _ a. Soil drainage: :~Well drained 100 % of ~ite E~Poorly drained % of site I~ComrnerciaJ I-tOther F~Residential (suburban) El F,u raj (nomfar b. It any agricultural land is involved, how many acres of soil are classified within soil group "1 through 4 of the N Land Classification System? __ acres. (See1 NYCRR 370). 4 Are there bedrock outcroppings on proiect site? [~Yes ~No a What is depth to bedrock? (in feet) PRESENTLY AFTE .~ .C,~.O M P L F T lO N 1.5 acres acres .6 acres .6 acres 0 0 .13 acres , 13, acres Loamy silt []]Aqoderately weJJ d~aJned ~ of si~e F~I 2q/0'~0~ 1~:~5 5165373~d5 PAGE 05 ~10-15% ~ / 5 Approximate percentage of proposed project site with slopes: 'l~-10%. 8.5 % J~% or §rearer 6 Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natioh~ Registers of Historic PJaces~ ~Yes ~No 7. Is project substanLially c0nti~uous to a site listed on the Register of National Natural Landmarks~ ~Yes ~N 8. What is the depth of the water table?. ~n feet) 9. Is site located over a primary, principal, or sole source aqui{er? ~Yes 30, Do hunting, fishing or ~heJJ fishing opportunities presently exist in the project area? ~Ye5 ~1, Dce~ project site ¢ontaJn any ~pecie~ of plant or an~mz] )ire that is identified as threatened or endangerec According to Identify each species 12. Are there any unique or unusual Wnd forms on the proie(t site~ (i.e,, cliffs, dunes, other geological formation Describe 13. Is the project site presently used by the commumty or neighborhood as an open space or recreation arez J~ yes, explain ~No ]5. Streams within or conti~uous to project ~rea: ~e ~. Name of Stream ~nd name of ~Jver Lo which it ~ tributary . ~, Name ~nP b. Size (in aCre~) 17, ~S the site served by~xistini p~blic utilities? ~Yes ~No a) If Yes, does ~uffJcient capacity exist to allow connecd0n? ~Yes ~No b) If Yes. will improvements be necessary to allow conneclion? ~Yes 18. is t~e site located in an agricultural district certified pu[suant to Agriculture ~n~ Markets Law, Article 25-A, ~ection 303 and 304~ ~Yes ~9 Is the ~Jte located Jn or substantially conti~uous to a CrJtlcal Environmental Area designated pursuant to Article of the iCL. and 6 NYCRR 617~ ~Yes ~No 20, Mas the site ever been used lot the disposal of ~olid or hazardous wastes? ~Yes 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 b, P~oject acreage to be developed: 2 23 acresinitlally; 2,?~- c Proiect acreage to remain undeveloped _ ~ acres d. Length o( g~o~ect. ~ miles: ~/k {J~ e, If the proiect is an expansion, indicate percent of exga~sion proposed ~/~ ~. Number of off-street parking spaces existing N/A ; proposed ~ Maximum vehicular trips ~enerated per hour 0 (upon completion of project)~ h. If residential; Number ~n~ type of housin~ units: One Family TWo Family MuitJl)]e Family Initially Ultimately i. Dimension,{in feet) o{ rargesc proposed structure ~ height; __ width; j, Linear feet ot frontage along a public t~oroughfare project will occupy acres ulUmately. length 2. How much natural material (i.e,, rock, earth, etc.) will be removed from the site? N/A 3 Will disturbed areas be reclaimed? E]Yes []No J~N/A a. I[ yes, for what intend~;J purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? []Yes [~No c. Will upper subsoil be stockpiled for reclamation~ ~Yes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ,N'/A . acres. 5 Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? E]Yes ;~No 6 If single phase project; Anticipated period of construction ~ 7. If multi-phased: a Total number of phases anticipated __ (number). b, Anticipated dale of commencement phase l c, Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? ~ ~Yes E3Na 9. Number of jobs generated: durirlR construction NA 10. Number of jobs eliminated by this project N~, 11 Will project require relocation of any projects or facilitieJf tons/cubic yards __ months, (including demolition). month year, (including demolition) month year · ~Yes ; after project is complete ~)Yes ~o If yes, explain 12. Is surface liquid waste disposal involved? r'lyes a. If yes, indicate type of waste (sewage, industrial, otc) and amount b. Name of water body into which effluent will be discharsed 13 Is subsurface liquid waste disposal involved? {~Yes ~qNo Type 14. Will surface area of an existing water body increase or d~cre~se by Explain 15. Is prolect or any portion of project located in a 100 year Hood plai~ ~Yes ~No 16, Will the project ~enerete solid wast~ ~Yes n. If yes, what is the amount per month tons b, If yes, will ~n existln~ solid waste facility be used~ ~Yes c, If yes, ~ive name ; location d. Will any wastes not ~o into a sewage disposal system or into a sanitary landfill? ~Yes e. If Ye~, explain EgNo 17. Will the project faro}ye the disposal of solid waste? E]Yes [~No a. If yes, what is the anticipatecJ rate of disposal? tons/month, b I~ yes, what is the anticipated site life? years lB. Will project use herbicides or pesticides? EWes 19. Will project routinely produce odors (more than one hour pe~ day)? ~Yes 20 Will proiect produce o~r~tin8 noise e~ceedin8 the local ambient noise levels~ ~Yes 2~ WHJ project result in an increase in enersy use? ~Yes ~No If 9es , indicate type[s). 22 ~f water supply is from wells, indicale pumpin8 capacitv ~ ~allons/minute, 2~ Total anticipated w~ter us~ie p~r day 24 Does project involve Local, State or Federal lundint~ ~Yes ~No If Yes, explain RICHARD H NATHEW PAGE 07 25. Approvals Required: Type Submittal Date City, Town, Village Board ~Yes l~No City, Town. Village Planning Board [~Yes ~No City, Town Zoning Board E~Yes r~No City, County Health Department Other Local Agencies ~Yes ~No Other Regional Agencies ~Yes ~No State A~encies ~Yes ~No Federal Agencies ~Yes ~No C. Zoning and Planning Information 1 Does proposed action inuolve a planning or zoning decision? l~]Yes E]No If Yes, indicate decision required', I~zoning amendment nzoning variance E]special use permit E~subdivtston E])slte plan []]new/revision of master plan Flresource management plan [~other 2- What is the zoning classiflcationCs)of the site? R-Rtl 3 What is ~he maximum potential development of the site if developed as permitted by the present zoning? 4 What is [he proposed zoning of the site? Ham]e(- 5 What is the maximum potential development of the site iF developed as permitted by the proposed zoning? I single-family ~welling 6. IS the proposed action consistent with the recommended uses [n adopted )Dca) land use Diems? 7 Wha: are the predominant land use{s) and zoning classifications within a ~4 mile radius of proposed action~ 8 Is the D~oDosed action compatible ~i~h ~d~oinLn~/surro~d~g [a~d uses within a ~ mile? ~Yes 9, tf the proposed action is the subdivision of land, how many lots are proposed? a, What is the minimum ~ot size proposed? 10. Will proposed action require an~ aothorizatio~s) ~or the ~ormatlon of sewer or water districls? ~Yes 11 Will the proposed action create a demand for any communi~ provided services {recreation, education, poll fire protection)? ~Yes a. If yes, is existing capacity sufficient to handle projecte~ demand~ ~Yes ~o 12 Will the proposed action result in the generation of :raf[ic significantly ~bove present levels? ~Yes , a. If yes, is the existing road network adequate (o handle the addicional 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 adve impacts associa{ed wi:h your proposal, please discuss such impacts and the measures which yoo propose to mitiga~ avoid them .... E. Verification I certify :hat the information provide~ above ]s ~rue to the best of my ~now)edge. 5 06/03/2003 11:59 51653?3445 RICHARD H NATHEW PAGE 01 To: Fair # FAX TRANSMISSION RICHARD M. MATHEW, ESQ., L.L.C. Affomey a! Law Main Strml~ P.O Bo~ 1428 Phone (631) 537-1954 Fax (631) 537-3445 RECEIVED JUN 3 2003 Southold Towa Clerl Pages: ~. , including this cover sheet. From: Subject Richard M, Mathew, Esq. COMMENTS: The original of the transmi~ied document will be sam by mail ( ) This will be lh~ o~ly rolm o~ de[mery of the transm~ed document. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 9, 2003 Richard M. Matthew, Esq. LLC. Main Street P O Box 1428 Bridgehampton NY 11932 Dear Mi'. Matthew: The Suffolk County Department of Planning is requesting the items listed in their enclosed letter on the Windham Resoumes, LLC. The Southold Town Planning Board also needs this same information before they will review and give a recommendation on this change of zone. The County Planning Department will not give a recommendation until I send them the Southold Town Planning Board recommendation. If you should have any questions, please do not hesitate to contact me at 631 765-1800. Thank you. Very truly yours, ElizalSeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNq~¢ EXECLFnVE April 17, 2003 THONAS ISLES, AICP APR 2 1 2003 Town Clerk Town of Southold Soulhold Town Clerk Application of"Windham Resources, LLC" for a change of zone from R-80 to Hamlet Business at Fishers Island in the Town of Southold (SCTM #'s 100-9-2-6.1 & 7). Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Admini*tmtive Code. the above capti(mcd application will m~t be reviewed unlil the I'ollowing information is submitted through the offices of the municipal referring agency. 1. An area map depicting land uses and zoning on and within 200 ft. of premises; 2. Information explaining "...the proposed use of the property next door". 3. A preliminary site plan, if available; 4. Required information relative to the SEQRA process; and 5. Recmnmendations of the Town Planning Board. Very truly yours, Thomas Isles Director of Planning GGN :cc S/s Gerald G. Newman Chief I'lanaer DEPARTMENT OF PLANNING Town Clerk Town of Southold ..;OUN'-I'Y OF SUFFOLK SUFFOLK COUN~f EXECUTIVE April 17, 2003 THOMAS ISLES, AICP APR 2 i." Southold Town Clerk to Hamlet Business at Fishers Island in the Town of Southold (SCTM #'s 100-9-2-6.1 & 7). Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed until the fbllowing information is submitted through the offices of the municipal referring agency. 1. An area map depicting land uses and zoning on and within 200 ft. of premises; 2. Information explaining "...the proposed use of the property next door". 3. A preliminary site plan, if available; 4. Required infbrmation relative to the SEQRA process; and 5. Recommendations of the Town Planning Board. Very truly yours, Thomas Isles Director of Planning GGN:cc G:ICC H ORNY~ZONIN G~ZONING\WORKIN G/INC~2003/SID9 APR S/s Gerald G. Newman Chief Planner ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 2003 Richard M. Matthew, Esq. LLC. Main Street P O Box 1428 Bridgehampton NY 11932 Dear Mr. Matthew: The Southold Town Board at their regular meeting held on April 8, 2003 adopted resolutions concerning the "Windham Resources LLC" change of zone application. Resolution number 228 engages the professional services of Nelson, Pope, & Voohris to conduct a SEQRA environmental evaluation at a cost of $1,500.00. Please remit a check in this amount directly to my office at your earliest convenience. This matter will not move forward until such time as payment is received for these services. Resolution number 229 authorizes the transmittal of the application to the Southold Town Planning Board and the Suffolk County Department of Planning. Copies of these certified resolutions are enclosed for your records. If you should have any questions, please do not hesitate to contact me at 631 765-1800. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 228 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APR1L 8, 2003: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Joshua Y. Horton to hire the firm of Nelson, Pooe & Voorhis to conduct an evaluation oursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues oertinent to the Change of Zone aoolication of Windham Resources, LLC at a cost of Fifteen hundred ($1500.00) dollars as per their proposal dated April 4, 2003. Elizabeth A. Neville Southold Town Clerk April 4, 2003 ~,lizabeth A. Neville, Town Clerk Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Town of Southotd, SEQRA Review Windham Resources, LLC Change of Zone Application (R-80 to liB) Fishers Island Dear Ms. Neville: Thank you for contacting NP&V for services ha connection with SEQR review and thc implemenunlon of the above referenced project. The following services and fees are proposed: 1. Inspect property and area to determine environmental resources and characteristics. 2. Review Pa.a I Environmental Assessment Form (if available). 3. lh-epared Pan 1I Environmental Assessment Form. 4. Prepare detailed environmental planning review of the subject appli~:ation. Fee: $1,500.00 5. Review supplemental information subnfitted by the appllcanr tn mpprrrt of the appllcafior~,. 6. Prepared recommended determination of significance (if requested by Board).. Fee: Time Rates Thank you for the opportunity ,to assist on this project. Please feel free to call should you have any questions. Respectfully submitted, Charles J. Voorhis, CEP, AICP cc: Pa~'icia Finnegan G: d OCS/PropomY2003 e. nv/$OUlhold TOTRL P.02 RESOLUTION APRIL 8, 2003 V - 228 RESOLVED, that the Town Board o£ the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Nelson, Pope & Voorhis to conduct an evaluation pursuant to the State Environmental Quality Revie~v Act (SEQRA) to address the environmental issues pertinent to the Change of Zone apl~lication of Windham Resources, LLC at a cost of Fifteen hundred ($1500.00) dollars as per their proposal dated April 4, 2003. APR-13-2007 21:eI NELSON,POPE,LLP 5i6 425 1257 P.81783 NELSON, POPE ~:~ VOOP~HIS, LLC ENVIRONMENTAl- ' PLANNIN~ ' CONSULTING Elizabeth Neville Fax: 765-6145 FAX COVER SHEET Fl'otli; Shana Lacey Date: April 14, 2003 Re: SEQRA review proposal Windham Resources, LLC Change of Zone Application No. of Pages: 2 (including Cover) Comments: As requested. t4ELSON,POPE,LLP 525 425 1257 Elizabeth A. Neville, Town Clerk Town of Southold To~,:n Ha/l, :53095 Main Road PO Box 1179 Sourhold, NY 11971 Dear Ms. Neville: POPE ,r_ VOOI~IHIS' LLC April 4, 2003 Rc: Town of Southold, SEQRA Review Windburn Resources. LLC Change of' Zone Appllcacion (R-S0 to Fishers Island Thank you for contacting Np&v *'or services in connection with SEQR review and the implementafioa the above referenced project. The following services and fees are proposed: Inspecl property and area to de[ermine environmental resources and characteristics. 2. Review P~rt I Environmen:a/Assessment Form (if available). 3. Prepared Part II Environmental Assessment Form. 4. Prepare detailed environmental planning review of the subject application. Fee: $1,500.00 5. Review supplemental information submitted by the applicant in support of the application. 6. Prepared recoramended determination of significance (if requested by Board). Fee: Time Rates Thank you for the oppo~unity to assist on th/s project. Please feel fi-ce to call should you }lave questions. Respectfully submitted, NEL$O"~OPE & VQORHI$~ LLC Charles J. Voorhis, CEP, AICP cc: Pa=iciaFinnegan qPF! ~3 2883 2i:82 NELSQN,POPE,LLP 525 425 ~257 P.83×mx P~GISTP~AI~ OF V~TAL STATISTICS MA!~R/AGE OFF/CER KECORDS MANAGEMENT OFFICER F~EEDOM OF LNFOR/~ATION OFFICER Tcvrn I-Iai/, 53095 Main P.O. Bo~ 1179 Southold, New Yolk 11971 Fax (631) 765-614~ Telephone (631) 765-1800 sour h oldto~rn_northfcrk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TITI,q IS TO CERTIFY THAT T~IF, FOLLOW~G RESOLUTION NO. 228 OF WAS ~D AT '1'~'¥, ~G~ ~E~G OF 1'~ ~OLD TO~ BO~ ON ~ 8, 2~3: ~L~D, ~ ~e To~ Bo~d of~e To~ of Sou~old hereby autho~m and dir~ Su~or Jmhua Y. ~o~on to hire ~e tim of Nelson. Pope & Voorhh to conduct an ~nlunfinn Du~uant to ~e S~te En~ronmen~l Ouali~ Renew A~ (SEO~) to addr~s ~e ~hoflmt ~um ~~ ~eChauKc of~ne a~on ~ W~dhnm R~our~, L~ at a ~st ofF~c~ h~&~ ($1500.00) doll~ ~ ~r ~ ~o~s~ ~ted April 4, 2003. E~b~h A. Neville Southold Town Clerk TOTAL P.03 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 229 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the Chan~e of Zone aDolication in the matter of Windham Resources, LLC to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk ,re: 04/10/03 ransaction(s): Petition Check#: 1126 Town Of Southold P.O Box 1179 ,uthold, NY 11971 * * * RECEIPT * * * Receipt#: Total Paid: 1126 Subtotal $1,000.00 $1,000.00 Name: Windham, Resources LLC 35 Woods Grove Rd Westport, CT 06880 Clerk ID: LINDAC Internal ID: 73002 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Soutlxold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2003 Thomas Isles, Director of Planp~ng Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted is the Windham Resources change of zone application together with all pertinent documents. Please review and prepare an official report defining your department's rccommendations with regard to this proposed change of zone application, and forward same to me at your earliest convenience. Initially the Town Planner made some conunents and asked for completion of the Environmental Assessment Form in its entirety. This information was received and is also enclosed. This is application has also been sent to the Southold Town Planning Board for their official review and recommendation. I will send you their response as soon as I receive it. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney V. Scopaz ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2003 Bennett Orlowski, Jr., Chainnan Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed change of zone application of Windham Resources, LLC. Please prepare an official report defining the Planning Board's recommendations with regard to these proposed change of zone and forward same to me at your earliest convenience. This app[lication has also been sent to the Suffolk County Planning Commission for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Toxvn Clerk Enclosure cc: Town Board Town Attorncy Suffolk County Dcpartment of Planning ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 229 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs the Town Clerk to transmit the Change of Zone application in the matter of Windham Resources, LLC to the Southold Town Planning Board and the Suffolk County Dcpartment of Planning for their recommendations and repons. Elizabeth A. Neville Southold Town Clerk Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Main Road, Southold, N.Y. 11971 631 765-1800 tele. 631 765-6145 fax Town of Southold To: Pat Finnegan From: Fax: 298-4462 Pages: Phom~ 29~ ~.~.=~0 Date: Re: Windham Resources cflange of zone CC: [] Urgent [] For Revle~v [] Please Cornmer~t Betty Neville 8 1/29/2003 [Click here and type name} [] Please Reply [] Please Recycle · Comments: Hi Patl Received this information this d;';.~moon. A copy of the notice that they will mail out and I assume a revised FAF. Betty 1..= ,8E1.- 14:16 ~155373445 RZCHARD M MATHEkl PAGE FAX TRANSMISSION RICHARD M. MATHEW, ESQ., LLC. AIt~mey et Law Main $~ P.O. Box 1428 T~: ~} ~7-1~; F~ ¢3~)~7~ To: Elizabeth Neville Date: Fax #: 765-6145 Pagea: From: Richard M. Methew, Esq. Subject: Windham Resources LLC 29 January 2003 7, including this cover sheet. Dear Ms. Neville, Further to your phone call and fax yesterday, attached please find the following documents relative to the above-referenced matter: · copy of t~e Notice to Adjacent Property Ovmers (not yet mailed) · the Full Environmental Assessment Form with the additional information requested by the Town Afforney Thank you for your ase;~nce. Please let us know if you have any further questions. Carol Powel Smith ( ) The otlgln~ o~h~ t~m~mt~md Oocum~nt~,~ be~t byma~. r- --TANT NOTICE: 11~ ,,~ ~ ~ I~ a CONFIDENTIAL COMMUNICATION_ A~ mJc~, it b ~ ~ b~ ~ and mad only by the ~tdh~duel or enl~' narr~d abo~e. If ~mu 8re not the Intended ;e~l~]ent eo named, YOU ARE pROHIBITED m~um ~ odginal tram~a~lm~ l= u~ ~ U.S. ;'~d~ 8e~. Thank ~,ou. 14: 1E, 5165373445 RICHARD 1'4 HATHEI/J PAGE 82 TOWN BOARD. TOWN OF ~OUTHOLD Iath~ Matter of the Petition of to th~ Town B~.~I of the Towa of $outhold, TO: NOTICE TO ADJACENT PROPERTY OWNERS YOU ARE HEREBY GIVEN NOTICE: 1. Wrmt it is the retention of the under~ign~t t~ petition tha Town BomM of the Town of Southold to t~lucst a clmp, gc of zon~ ~x~m R-a0 to Hi~nlet Business. 2. That the pmpe~ which is th~ subj~a:t of the Petition is Ioc~.d mtj~nt to your property mad is des- cribeat as fialk~vs: Prol~rtv on th~ r,4xner of A~hol {~B~?~ and Oriental Avenue o~ Fishers Ishmd id~t~ ,m # 1000-9-2-7 ~ 1~00-9-24. I on the Suffolk County T~x Mira. 3. That tl~ pcul.,et'O' which is the subject of such Petitioa is located in the following zoning district: 4. That by such Pctitiou, the undersi~-e, zl will requesL that thc above-described pmpert~ be placed in fl~e following zone district classLflcation: Hamlet Bu~inea$ ,5. That within five day~ from the dat~ tm'eof, a wrixten Petition r~uesting &e relief specK]ed above will be filed in the Southold Town Clerk's Office at Main Road, $outhold, New York and you may then and thee ~xamin~ tbe same during regular office hours. 6. That before the relief sought may be grnme, d, a public bearing must be beki on th~ matter by the Town Board; that a notice of such h~arlng must be published at least t~n days prior to the date of such hearing in the Suffolk Times or in the Long l~land Tmveler-Mattituck Watchmnn, newspapers published in the Town of Southold and desi~a~ated for the publication of such notices; that you or your representative have the right m appca~ and be heard at such hearlzq~. Petitioner Post Office Address: "29/~J~3 14:16 14-16-2 (2/$7)- 7e RICHARD N MATHEW 617.21 Appendix A State Environmenlal Ouallty Review FULL ENVIRONMENTAL ASSESSMENT FORM P~GE ms SEQR Purpose: The full EAF is designed to help applicants and agences determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent Iy, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically ~xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting [he question of significance. The full £AF is intended to provide g method whereby applicants and ~gencies can be assured that the determination process has bee~ orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full lEAF Componehts: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3~ Parl 2: Focuses on identifying the range of posslble impacts that may occur from e pro)act or actio'n. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form a[so identifies whether a~ impact can be mitigated or reduced. Part 3: If any impact i~ Part 2 J$ identified as potentJaliy-J~rge, then Part 3 is u~ed to evaluate whether or not the impact is actually important 'DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Ideatify the Portions of lEAF completed for tl~is proiect: [] Part 1 ~ Part 2 EDPart 3 Upon review of the information ~ecorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasogably determined by the lead agency that: A. The project will not result in any large and important impacts) and, therefore, is one which *iii not have a significant impact on the environment, therefore a ~egative declatallo, will be prepa~ed. B. Although ~he project could have a significant effect on the environmen% there will not be a significant effect for this Unlisted Action because the mitigation men,utes described in FART 3 have been required, therefore a CONDITIONlED n~gltlv~ declaration will be prepared.* C The project may result i~ o~e or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will b~ prepared, ' A Conditioned Negative Declaration is only va~id fo~ Unlisted Actions windham Resources gonin9 C~ange Name o( Action Name of Lead Agency PrinL or Type Nanqe of Responsible Officer in Lead Agency ~ignature of Responsible Officer in Lead Agency Title of Responsible Oliicer Signature of Preparer (If dlfl'e}ent from responsible Date 1 officer) ~ "2q~.,"2~s: 14: 1G 5~$5373~,5 RTCHAPD H I,'IAT~E!# PAGE PART 1--PROJECT INFORMA'[ION Prepared by Project Sponsor NOT~EE: This document is designed to assist in determining whether the action proposed may have a significant effec~ on the environment, Please complete the entir, e form, Parts A throu§h E. Answers to these questions will be considerec as part of the application for approval and may be subject to further verification and public review. Provide any addit[ona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full E^F will be dependent on information currently available and will not involV, new studies, research or investigation, ti information requiring such additional work is unavailable, so indicate and specif~ each instance. NAME OF ACTION Athol Crescent, Fishers Island, Town of Southold, County of Suffolk Wire]ham Resources LLC (631) 537-1 984 c/o Richard M. Mathew~ Esq., LLC P.O. ~ox 1428, Bridqehampton Same ~TATE ZrP CODE .Change of zone from R-BO to HB 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 [~]ndustrial [~Forest [~Agriculture 2, Total acreage of project area: 2.23 APPROXIMATE ACREAGE Meadow or Brushland (Non-agricu[turall Forested Agricultural [includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated {Rock, earth or fill) Roads, buildings and other paved surfaces Other {Indicate type) 3 What is predominant soil type(s) on proiect site? a. Soil drainage: ~]~Well drained 100 % of rdte [2Poorly drained % of site [DCommerciai I~Other [ilResidential (suburban) [~Rural (nomfarl b. Il any agricultural land is involved, how many acres of soil are classified within soil group ~1 through 4 of the N Land Classification System? __ acres (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site/ I~yes ~lNo a. What is depth .to bedrockf (in feet) PRFSENTLY AFTE~ ,C~.OMPLt: TION 1 · 5 acres ' acres · 6 acres .6 acre5 0 acres 0 acres acres acres .13 acres .13 acres Loam)' silt [DModerate]y,,vel] drained % of site ¢11,, zg,, eEH:, 14:16 51653,,z, 44u RICHARD M MATHEW RAGE 05 / 5 Approximate percenta§e of propoSed project site with slopes: '¢-~0% 85 % ~110-'i ~¢~'% or greater 1 S % 6. is project substantially contiguous to, or contain a buiidinf., site, or district, listed on the State or the N&tiona Registers of Historic Places? OYes 7. is proiect Substantially contiguous to a site listed on the Register of Nati0na] Natural Landmarks! E]Yes ~N~ 8. What is the depth of the water table? _ ~L;[t. in feet) 9. Is site Located over a primary, principal, or sole source aquHer? ~]Yes 10, Do hunting, fishing or shell fishing opportunities presently exist in the project area? [Yes '11, Does project site contain any species of plant or animal life that is identified as threatened or endangered E]Yes Ei)No According to Identify each species '12. Are there any unique or unusual land forms on the proiect site? (i,e,. cliffs, dunes, other geological formations E)Yes I~]No Describe 13. is the proiect site presently used by the commul~lty or neighborhood as an open space or recreation area OYes ~;;~No If yes, explain 14 Does the present site include scenic views known to be important to the communitVf []Yes I~No '15, Streams within or contiguous to project area: L'~'q¢ a. Name of Stream and name of River to which it is tributary 16, Lakes, ponds, wetland areaa within or cohtieuous to project area: a. Name ]~on~ b. Size (in acres) 17. is the site served by'*~xistlng pyblic utiJitles~ ~Yes ~No a) If Yes, does sufficient capacity exist to allow connection? ~Yes b) If Yes, will improvements be necessary to allow connectlont ~Yes 18 Is the site located in an agricuIturnl district certified pursuant to A~ricul[ure and Markets L~w, Article 25-A~ Section 303 and 304~ ~Ye$ 19 I~ the site located in or substantially con~i~uous t0 a Critical Environmental Are~ desiEnated pursuant to Article nj the ECL. and 6 NYCRR 6177 gYes ~No 20. Has the site ever been used for the disposal of ~oJid or hazardous wastes~ ~Yes 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 2,2~ b, P~oject acreage to be developed: 2 23 acres initially; c Project acreage to remain undeveloped 0 acres. d. Length of project, in relies: N!/A (If appropriate) e, If the proiect is an expansion, indicate percent of expansion proposed ~/A %; (, Number of off-street parking spaces existing ~I/A ; proposed g, Maximum vehicular trips generated per hour 0 {upon completion of project)? h. If residential: Number and type of housing units: N/A One Family Two FamilY- Multiple Family Initially Ultimately i. Dimensions (in feet) of larges~ proposed structure __ height; __ width; __ i, Linear feet of frontage ~lon8 a public thoroughfare project will occupy acres ultimately. Condominium length __ ft. 3 Fll."'2U/~OI~3 i~:1~ 5165:,,,~:,4~5 RIOHARD lq I'4~,THEI~ PAGE 2. How much natural material fi.e., rock, earth, etc.) will be removed ftom the site? 3. Will disturbed areas be reclaimed? E}Yes E~No a. )( yes, ~or what intend.~ purpose is the site bein~ t~claimed~ ~ c. Will upper subsoil be stockpiled for reclamationt ~Yes ~No 4 Haw runny acres of ve~etetion {trees, shrubs, ~round covers) will be removed Tram slte~ ~/~ . acres, ~. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project~ [DYes ~No 6 II sin~.le phase proiect: Anticipated period of construction NA 7. If multi-phased: a Total number of phases aoticipated [number), b. Anticipated date of commencement phase q c, Approximate completion date of final phase d, is phase I functionally dependent on subsequent phases? 8, Will blasting occur during construction? NA DYes E]No 9. Number o~ jobs ~enerated: during co. strut?ion ~ 10, Number of jobs eliminated by this project N~ 1~. WH~ project require relocation of any projec~ or fa~illtles? months, {including demolition). tons/cubic yards month year, [including month year [~Yes /aND ; after project is complete DYes .i~No if yes, explain 12, Is surface liquid waste disposal involved? 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 sL~bsurface liquid waste disposal involved? i-'Wes &=]No Type 14. Will surface area of an existing Water body increase or decrease by proposal? 15 Is project or any portion of project located in a ~00 year flood pla[n~ ~Yes 16, Will the project generate solid waste~ ~Yes s. if yes, what is the ~mount per month tons b, If yes, will an existln8 solid waste facili~ be use~? ~Yes ~No c, If yes, ~ive ~ame ; location d. Will any w~stes not go into a sewade disposal system or into a sanitary landfill? e. If Yes, explain ~Yes ~No i~NO 17. Will the project involve the disposal of solid waste? [:]Yes a. If yes, what is the anticipated rate of disposal? tons/month, b. It yes, who/ is the anticipated site life? years 18 Will project use herbicides or pesticides? f~Yes ~i~o ~9. Will Proiect routinely produce odors {more than one hour per day)? ~Yes 20 Will proiec~ produce o~rAting noise exceeding the local ~mbient noise levels? ~Yes 21, Will pro)eot result in an increase i~ energy use? ~Yes ~No If yes , indicate type{s), 22 if water ~upply is from wells, indicate pumping caoacity ~ ~alions/min~te, 23. Total anticipated water usage per day gallons/day. 24. Does proiect involve Local, State or Federal {u~ding~ BYes ~No If Yes, explain 61,~ ....~1~ 14:16 5165373445 RICHARD H MATHE~ PAGE 87 25- Approvals Required: Type Submittal Date City, Town, Village Board []Yes FIND City, Town, Village Planning Board [:]Yes i~No City, Town Zoning Board f-lYes ~]No City. County Health Department OYes f~No Other Local Agencies F1yes Other Regional Agencies ~Yes ~No State A~encies ~Yes ~No F~de~al Agencies ~Yes C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? DYes E3No If Yes. indicate decision required: []~zoninR amendment I-lzonlng variance [:]special use permit ~lsubdivtslon []site plan ~new/revision of master plan ~resource management plan ~other 2. What is the zoning classification[s)of the site? ,,, ] W~at ~s the maximum potential development o[ the site ~[ developed as permitted by the present zonin[~ What is the proposed zoning of the site? R,-~ml~t- What is the maximum potential development of the si:e if developed as permitted by the proposed I sin~le-f~ily dwelling 6. Is the proposed action con~is:ent with the recommended uses in adopted local land use plans? ~Y~s 7 What are the predominant land us~s) and zoning class~ficaoons within a ~4 mile radius of proposed action? ~rcial, civic, ~~l, 8 Is the proposed action compatible with adjoin~n~surround[ng land uses within a % mile? ~Yes 9, If the proposed action is the subdivision of land, how many lots are proposed~ a, What is the minimum lot size proposed~ 30 Will propose~ action require any authorization(5) for the formation of sewer or water distric[s~ ~Yes 11 WH; the proposed action create a demand for any communiW provided services (recreation, education, poll, fire protection)? ~Yes ~No a, If ye~, is ex~stinR capacit~ s~fficient to handle proiected demand? ~Yes ~No 12 Will the proposed action result in thc generation of traffic significantly above present levels? ~Yes , a. If yes, is the existing road networ~ adequate (o handle the addiciona~ traffic;[ ~Yes D. Informational Details Attach any additional information as may be needed to clarify ~our project If there are or may be any impacts associa[ed wi~h your proposal, please discus~ such impact~ and the measures which yod propose to mitigate avoid them. E. Veritication I certify :hat the information provided above is true [o the best of my knowledge. Signature '~' ~' Title the aclion is in ihe Coastal Area, and you are a state agency, complete the Coastal Assessmem Form before proceed wilh this assessmenl. Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Richard M. Mathew Tel: (631) 537-1984 Fax: (631 ) 537-3445 E-mail: RMMathewEsq~aol.com 6 January 2003 Maxine Hirt Of Counsel Ms. Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Ma'm Road P.O. Box 1179 Southold, NY 11971 RE: Windham Resources LLC - Change of Zoning Classification Dear Ms. Neville, With regard to the above-referenced matter and further to your letter of December 16th, enclosed please find the following completed documents and material: 1. 4 sets of the completed application and petition including: · cover letter forms · affidavits · project description (attachment to Petition) · metes and bounds description (attachment to Petition) · Environmental Assessment Form · survey 2. 1 copy each of the 2 deeds 3. Windham Resources LLC's check number 1126 in the amount of $1,000.00 to cover the filing fee. We have retained the Notice to Adjacent Property Owners and the Proof of Mailing Notice until we are advised by you to proceed, after which we will submit those completed forms. We look forward to hearing from you. In the meantime, should you have any questions, please do not hesitate to contact me. Very truly yours, Richard M. Mathew V.~ I .F, RIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD TO: From: Re: Elizabeth Neville, Southold Town Clerk Patricia Finnegan, Assistant Town Attorney Valerie Scopaz, Town Planner /(:~ Windham Resources, LLC Date: January 27, 2003 On reviewing the change of zone petition for the above noted property, I find it to be incomplete for planning review purposes. The material submitted does not explain the public benefit(s) that would accrue as a result of granting this request. Also, the Environmental Assessment form was not completed. The circled items must be answered. 14-16-2 (2]87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e,xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Pull 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~ Part2: 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. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 3 [] 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 magitude 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 dec]aralion 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 Windham Resources Zoning Change Name of Action Southold Town Board 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 from responsible officer) Date 1 PART 1--PROJECT INFORM ;ON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec~, on the environment. Please complete the entiEe form, Parts A through E Answers to these questions will be considerec as part of the application for approval and may be subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the fuji EAF will be dependent on information currently available and will not involv~ new studies, research or investigation If information requiring such additional work isunavailab[e, so indicate and specif,~ each instance. NAME OF ACTION Change of Zone LOCATION OF AOTION (Include Street Address, Municipality and County) Athol Crescent, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLICANT/SPONSOR Windham Resources LLC ADDRESS c/o Richard M. Mathew, Esq., LLC CITY/PO P.O. Box 1428, Bridgehampton NAME OF: OWNER (If different) Same ADDRESS BUSINESS TELEPHONE (631) 537--1984 STATE ZiP CODE NY 11932 BUSINESS TELEPHONE ( CITY/PO STATE ZiP CODE DESCRIPTION OF ACTION ~Change of zone from R-80 to HB 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: E3Orban E31ndustrial [~Commercial [~Residential (suburban) ORura] {non-farrr  I~Forest [:]Agriculture [~Other taJ acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushiand (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres ' acres W'etland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres aOther (Indicate type) acres acres hat is predominant soil type(s) on project site? NA . Soil drainage: E~We[I drained _ % of ~ite E3Moderately well drained % of site E3Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? fUYes ~lNo a What is depth to bedrock? (in feet) 2 Approximate percentage ol . ,posed proiect site with slopes: N/AE}0 10 % E310-1 []15% or greater % 6, Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa Registers of Historic Places? []Yes :[~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes []Nc /./~hat is the depth of the water table? N/A /in feet) ~'~ Is site located over a primary, principal, or sole source aquiter? [~Yes ~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? E]Yes 11, Does project site contain any species of plant or animal life that is identified as threatened or endangered; E}Yes [~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations E3Yes [~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation areai F~Yes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? E}Yes [~No 15. Streams within or contiguous to proiect area: Noig. e a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: ~ a. Name bione b. Size (In acres) /~/ Is the site served by existing p?blic utilities? I~Yes ONo //' a) If Yes, does sufficient capacity exist to allow connection~ E~Yes []No b) If Yes, will improvements be necessary to allow connection? DYes E~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? [~Yes ~No 19. Is the site located in or substantially contiguous to; a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [3Yes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [3Yes ~]~1o /B~Project Description N/A '//~/Physical dimensions and scale of project (fill in dimensions as appropriate) a Total contiguous acreage owned or controlled by project sponsor b. P~oject acreage to be developed: acres initially; c Project acreage to remain undeve!oped acres d. Length of project, in miles: (If appropriate) e If the project is an expansion, indicate percent of expansion proposed f Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure __ height; width; j. Linear feet of froptage along a public thoroughfare project will occupy is? acres ultimately. length Condominium 2. How much natural matefi~ d.e., rock, earth, etc.) will be removed fr(, ne site? 3. Will disturbed areas be reclaimed? [~Yes [~No ~N/A a. If yes, for what intend~.~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [~Yes E~No c. Will upper subsoil be stockpiled for reclamation? DYes E]No tons/cubic yards 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. 5. Will any mature forest (over 100 years old) or other Iocall¥important vegetation be removed by this project? DYes :~No (number). months, (including demolition). month month DYes E~No year, (including demolition). year. ; after project is complete OYes :i~No If yes, explain 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. ts phase q functionally dependent on subsequent phases? 8. Will blasting occur during construction? [IA DYes IN0 9. Number of jobs generated: during construction IXIA 10. Number of jobs eliminated by this project 11. Will project require relocation of any proiects or facilities? 12. Is surface liquid waste disposal involved? E/Yes a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which e~fluent wi~ be discharged 13. Is subsurface liquid waste disposal involved? DYes ~]No Type 14. Will surface area of an existing water body increase or decre'ase by proposal? [~Yes Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes DNa 16. Will the project generate solid waste? E/Yes r/No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? rqYes E/No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes e. If Yes, explain [~No E~No 17. Will the project involve the disposal of solid waste? [3Yes [~No 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? DYes No 19 Will project routinely produce odors (more than one hour per day)? DYes [~No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes 21. Will project result in an increase in energy use? ~]Yes ~No If Ves , indicate type(s) 22. If water supply is from wells, indicate pumping capacity lqA gallons/minute. 23 Total anticipated water usage per day gallons/day 24. Does project involve Local, State or Federal funding? []Yes f~No If Yes, explain [~[No 25. Approvals Required: Submittal Date Type City, Town, Village Board [~Yes [No City, Town, Village Planning Board ~]Yes ~]No City, Town Zoning Board [Yes [~No City, County Health Department [Yes [~No Other Local Agencies [Yes [~No Other Regional Agencies [~2Yes [~No State Agencies F]Yes [~No Federal Agencies [Yes ~No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~Yes E~No If Yes, indicate decision required: []]zoning amendment I~zoning variance []special use permit [~subdivision [site plan [new/revision of master plan [resource management plan []other 2. What is the zoning classification(s)of the site? __ R-R~I 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? H.qm]~' A/What is the maximum potential development of the site if developed as permitted by the proposed zoning? /--~' Wha//6//Isth; proposed action consistent with the recommended uses in adopted local land use plans? OYes are the predominant land use(s) and zoning classifications within a ~/~ mile radius oi~ proposed action? Commercial, civic, governmental, residential 8 is the proposed action compatible with adjoining/surrounding [and uses within a % mi]e? ~]Yes 9. If the proposed action is the subdivision of ]and, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s] for the formation of sewer or water districts? [Yes 11 Will the proposed action create a demand for any community provided services (recreation, education, polk fire protection)? I~Yes ~3No a, If yes, is existing capacity sufficient to handle projected demand? [Yes E3No 12 Will the proposed action result in the generation of traffic significantly above present levels? E}Yes E~N · a. If yes, is the existing road network adequate to handle the additional traffic? E3Yes E3No D. Informational Details Attach any additional information as may be needed to clarify your project if there are or may be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them E, Verification I certify that the information provided above is true to the best of my knowledge, Signature ~ bL')' ~ Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessmenl Form before proceedi with this assessment. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REOUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Windham Resources LLC (Name under which application shall be known) SUFFOLK COUNTY TAxX MAP NO.: 1000- 9 0 0 · 0 0 - 0 0 2 District Block 007. 000 and -006 .100 Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in a accordance with the Section 100 - 292of 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 two hundred (200) feet of all boundaries of the property to be amended. x 4. Metes and bounds description of the proposed amendment. 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 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffblk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: Name Of Applicant(s): Windham Resources LLC Address: c/o Richard M. Mathew, Esq. LLC P. O. Box 1428 Bridgehampton, Telephone No. 631-537-1984 New York 11932 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. 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: Title: Address:(if different) Telephone No.: Landowner(s): Windham Resources LLC Title: Nina Leth, Manager Address: Athol Crescent Fisher's Island, New York 11971 Telephone No.: 203-227-2854 Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: John C. Ehlers Title: Surveyor Name of Firm: John C. Ehlers, Land Surveyor Address: 6 East Main Street, Riverhead, New York 11901 Telephone No.: 631-369-8288 Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: Richard M. Mathew, Esq. LLC Title: Name of Firm: Richard M. Mathew, Esq. LLC Address: P. O. Box 1428 Bridgehampton, New York 11932 'l'clcphonc No.: 631-537-1984 ' All communications with regard to this application shall be addressed to the following person until further notice: Name: Richard M. Mathew, Esq. LLC Title: Address: P. 0. Box 1428 Bridgehampton, New York 11932 Telephone No.: 631-537-1984 C. SITE/PROJECT DATA: 1. Location of Property Southerly Side (norflffsouth/east/west) Crescent 0 feet or road) of 0riental Avenue (nearest intersecting street) Existing zoning district(s) R-80 Special Overlay District(s), if applicable Requested zoning district(s) Hamlet Business side comer of Athol (street) East (north/south/east/west) Fisher* s Island (hamlet) Lotarea: 981774 sq ft +/- sq. floracres 2.23 ac a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follo~vs: DATE LIBER PAGE 6/2/78 8437 400 12/31/59 4750 530 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? YES x NO 7. All buildings and structures are shown on the survey? YES x NO (The Town Board reserves the right to request a complete survey showing all existing structures.) Existing: Building Area 95,396.4 sq. ft. Lot coverage N/A Please attach a detailed Lvpewritten description of the project, the proposed usc and opcration thereof', including a detailed explanation of the dcsign concept, the reason for the particular design, objective of the dcveloper or project sponsor and bow 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, l)ocumenl reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEORA (See Part 617, NYCRR and Chapter __ Town Code) of 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) No ls the site xvithin 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. Is the site in a designated critical environmental area as per the Ne~v York State Environmental Quality Review Act (SEQRA) and Chapter __ of the Town Code? YES x NO. If yes, what area? 4. Type I, Type II or Unlisted Action (circle one) An enviro~m~entai Assessment form must be completed for Unlisted and Type I actions. 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. APPLICANT'S SIGNATURE Swo~b~fore me this ~_ d ay o f'~l~t (.~l~ ~J~ ~20 0~_. F. OWNER'S ENDORSEMENT is a corporation or partnership) (To be signed if applicant is not the owner or if the owner State ofNcw Vc~rk &~ 14a4 gc-/~'c t~ ~l County of Su,q%Ik ~70~ "~ being duly sworn, deposes and says that he/she rcsides at in the County of and the State of and that he/she is (the owner or the officer of the corporation or partnership xvhich is the owner in fcc (circle)) of the premises described in the foregoing application and that he/she has authorized to make the foregoing application for amendment and/or change of zone as described here in. Swom.,~efore me thisr~~ Day NAME SIGNATURE If a corporation, name of corporation and Officer's title G. DISCLOSURE AFFIDAVIT Stateof~k ~0 ktme, c.~'c~t County of ........ i~{~*~ !4indham Resources _being by me duly sworn, deposes and says: 1. l am an applicant for a project or an 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: W±ndham Resources Zone Change 3. Iresideat 35 Woods Grove Road Westport, CT 06880 4. The Officers of the applicant corporation or owner corporation are as follows: NAdVlE TITLE Nina Leth Manager I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 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. 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 Tmvn 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. Otber If the answer to Question 7 is yes, Town Code Chapters __ and __ require that the information be provided below: Name Title (Owner, Al~ent, 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 thc applicant or owner c. Legally or beneficially owns or co4trols stock of a corporate applicant or owner, or is a mcmbcr 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 Sworn before me thi~_ Day of I {~b//~41~200 ~ Nina Leth SIGNATURE m ,mdb mmm mmbmmmmty Immm md'Jqmkmi Cmmt. --L4 pekin bmim8 ~) g.47 bgl medk d'm plim wilds b 2236.6S Id Vmll dmflilmm· lira -~' '_~ ~ m,~NN~K] ~ --~ A~bo[ Cmmm ~-- Nonl~ ~ ~ ~r O0' BF. INO A14D ~ Jo im tim mrna pfuidin dmmml~d k m B~rltim ted ~ Dmed to tim ~or~~ ig?l mmmd mm,4dAnm2, I~;I in Libf U37. p.l. 4ooin b dmmdd pmmlm m m b m mltWdmtl dmmtm md m ruddy omli ~ tit m Immmlk wmdi~ka-_ ~'. I J~mmrlmimmr, Th~* wo~d 'Jxuly' ~ b~ OOrd~rued Os if to read 'parl~eS' wheatever t~ ~ oftl~ indmme m requires IN WITNL~.S ~VHERF. OIr, the pefly of the first part has duly exec~ed this deed thc day and y~tr '~t abo,,e writtm SisnaJ..~led md Delivered STATI~ ~' NEW YORK CO~h"rY OF NEW YOtA m: 12/18/2002 ].7:23 FAX FIDELITY TITLE ~oo8 ?Olt~ENS 1~24,4 ~ NOV 1 b 1999 TRAN~FE~ TAX COUNT~ F£ES ggNO¥ IG ~1~. 15 £L [.,~rt OF SUFFOI ;~ COUNTY Ils I Title Coml~lty Information s~ro~, co=~ .=~n~ ~ ~ors~m~n, TO 12/15~2002 17:22 FA~ FIDELITY TITLE 0O7 L ~ 242, Fi~ Idmd, N~w Yo~ JMfly Oflha fir,A iMfl dlMd 0iammb~ }i, 19S9 and reooJ'ded $~m,mr~ $, 1960!n 1.~ 47S0, p~ p~n i~ m~l m mid pmmis~, I 'FO HAV~ AND TO HOLi~ dw P(~nmee her~n pmtaf umo 0~ I~ oF~b sa:o~l FAX FIDELITY TITLE AND ~ p~y ofl~ C~ ~ ~s u f~ 5ec~ ,. ~t the p~y or~ ~ ~ ~1 ~ ~ t~ ~ ~emi~; word 'parl~ ahall be r..~nsl4 ~.~d al ~fto read "lx~i~' wherever d'~ i~xse ortlds so re(iuire~ II~ wrrNKsS WlliRi, OF. fbi pafly ofthe tim peri has duty e~c.~ dd ~is dt~d ~e fhy a~d ~' lira obove ws~ttJn. Sib*n~d. Sesled ami I.~vered 008 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 16, 2002 Richard M. Matthew, Esq. LLC Attorneys At Law Main Street, Post Office Box 1428 Bridgehampton, New York 11932 Dear Mr. Matthew: I am returning the change of zone application of Windham Resources, LLC in its' entirety together with the $1,000.00 check no. 1126 which I received in the mail from you today because it is on an outdated application form. I have enclosed the new application forms for you to fill out and re-submit the application on. Should you have any questions, please do not hesitate to call my office at 631 765-1800. Very truly yours, Elizabeth A. Neville Southold Town Cerlk PETITION NO. PETITION STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF Windham Resources LLC FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: t. Windham Resources LLC, residing at c/o Richard Mathew, Esq., PO Box 1428, Bfidgehamptor~ NY 11932, Suffolk County, New York, tl~ undersigned, is the owner of certain real property situated at Athol Crescent, Fishers Island and more particularly bounded and described as follows: 2. W~mdham Resources, LLC hereby petitions the Town Board of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning classification of property located at Athol Crescem, Fishers Island, New York, and idemified as Nos. 1000-9-2-7 and 100-9-2-6.1 on the Suffolk County Tax Map, from R- 80to Hamlet Business, 3. Such request is made for the following reason: See Attached Rider Signature STATE OF NL'W YORK) COUNTY OF SUFFOLK) ~ ['Y] (~_ k/, L ~-~/l- . BEING DULY SWORN, deposes and says that~C~e~is the petition in the within action; that~ has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matterstl~ believes it to be true. Signature / REASONS FOR CHANGE OF ZONE REQUEST ATHOL CRESCENT, FISHERS ISLAND SCTM ## 1000-9-2-6.1 and 7 Windham Resources, LLC, the owner oftbe above-referenced property, hereby petitions the Sonthold Town Board for a zone change from R-gO to Hamlet Bnsiness for one simple reason- the residential zone is out of character with the surrounding land uses and the proposed use of the property next door. The Anthoine family, principals of Windham Resources, has owned the subject Lot 7 for 42 years, and the subject Lot 6.1 for 25 years, during which time the family has used the property as a summer and occasional weekend residence. During the years of the family's ownership, the surrounding land uses have evolved into primarily commercial and governmental use. Currently, a U.S. Post Office and a firehouse (constructed in the late 1970s), the offices of the Fishers Island Utility Company, a liquor store, ice cream shop, coffee shop/food store, several girl shops (one that rents bikes), an art gallery, a church and cemetery are in the mediate vicinity &the Anthoine property. Given the fact that the subject lots lie geographically at the center of town on Fishers Island, the Anthoines have been content to live with the status quo, living with the noise from the commercial activity in town and the traffic of an ever-increasing summer population, as well as Saturday morning car washes at the firehouse, special events, nmning races and parades that often block access to their driveway. Several years ago, however, The Island Health Project, Inc., began a fundraising campaign to enlarge the doctor's residence and construct a new medical facility next door to the subject lots, changing its use from a residence with an in-home office to that ora health "clinic" to service all of Fishers Island. This intended use of the adjacent property, when coupled with the other surrounding uses aforementioned, has become the "straw that broke the camel's hack" in that should it come to fruition, the character of the neighborhood would be overwhelmingly non- residential. Although the Anthoines would like to keep their property as is, they recognize that the quiet enjoyment of it would become more difficult as traffic and noise, particularly the specter of ambulances arriving next door at all hours of the day and night, increase. They wish to maintain the value of their lots and request this zone change to finally become consistent with the actual uses, surrounding them, and the proposed uses of the property next door. SCHEDULE A Description of Property by Metes and Bounds Tax Map # 1000-9-2-6.1 & 7 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of Southold, County of Strffolk being more particularly bound and described as follows: BEGINNING at a point on the Southeast corner formed by the intersection of the southerly side of Athol Crescent and the easterly side of Oriental Avenue; RUNNING THENCE along Athol Crescent North 57 degrees, 38' 00" East 478.43 ft to a point and the western side of Crescent Avenue; THENCE South 7 degrees 26' 45" East 220.78 feet to a point and land now or formerly of Charles B. Ferguson & Wife; THENCE South 40 degrees 20' 56" West 156.97 feet along last mentioned land and land now or formerly of Jill Elizabeth Rogan, to a point; THENCE South 25 degrees 54' 58" East 28.93 feet along land now or formerly of Jill Elizabeth Rogan; THENCE South 28 degrees 45' 20" West 27.13 feet along last mentioned land to a point and land now or formerly of Fishers Island Civic Association; THENCE North 66 degrees 29' 40" West 30.95 feet along last mentioned land; THENCE South 77 degrees 45' 30" West 100.89 feet along last mentioned land to a point and land now or formerly of Island Health Project, Inc.; THENCE South 52 degrees 16' 40" West 74.67 feet to a point and the easterly side of Oriental Avenue; THENCE along the easterly side of Oriental Avenue North 37 degrees 43' 20" West 263.37 feet to the point or place of Beginning. 14-16 2 (2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- Iy, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e,xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full fAF 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 3t 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. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A The proiect will not result in any large and important impact(s) and, therefore, is one which Will out 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 Declarati0n is only valid for Unlisted Actions Windham Resources Zoning Change Name of Action Southold Town Board 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(Il diff'elent from responsible officer) Date 1 PART 1--PROJECT INFORh,,,~TION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E Answers to these questions will be considerec as part of the application for approval and may be subject to further verification and public review. Provide any additiona 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 involw new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif~ each instance. NAME OF ACTION Change of Zone LOCATION OF ACTION (Include Street Address, Municipality and County) Athol Crescent, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Windham Resources LLC (631) 537-1984 ADDRESS c/o Richard M. Mathew, Esq., ~ P.O. Box 1428, Bridqehampton NAME OF OWNER (It different) Same ADDRESS STATE ZIP CODE NY 11932 BUSINESS TELEPHONE ( ) CiTY/PO STATE ZiP CODE DESCRIPTION OF ACTION _Change of zone from R-80 to HB 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: I~Urban I~lndustrial [Commercial 5~Residential (suburban) r~Rura[ (non-farn [Forest [~]Agriculture [~]Other 2~ Total acreage of project area: acres, APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? NA a. Soil drainage: [Well drained __ % of ~ite []Moderately well drained __ _ % of site []Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N~, Land Classification System? acres. (See 1 N¥CRR 370) 4. Are there bedrock outcroppings on project site? [Yes J~]No a. What is depth to bedrock? (in feet) 2 5. Approximate percentage ol posed project site with slopes: N/AE30-10 __ % [~10-15% [15% or greater . % 6. is project substantially contiguous to, or contain a building, site, or district, listed oo the State or the Nationa Registers of Historic Places? F~Yes :i~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [~Yes sN( 8. What is the depth of the water table? bl/Jk (in feet) 9. Is site located over a primary, principal, or sole source aquifer? []Yes 10, Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? E3Yes ~o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered E]Yes []No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations [~Yes ~qNo Describe 13. is the project site presently used by the community or neighborhood as ap open space or recreation area? E~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: NoDe a. Name of Stream and name of River to which it is tributary 16, Lakes, ponds, wetland areas within or contiguous to project area: a. Name None b. Size (In acres) 17. Is the site served by'~xisting p~ublic utilities? ~Yes ~No a) If Yes, does sufficient capacity exist to allow connection? [~Yes F~No b) If Yes, will improvements be necessary to allow connection? ~]Yes I~No 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [ZIYes 19 Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E~Yes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? E~Yes g~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. ~ota[ cont{guous acreage owned or controlled by proiect sponsor b. PFoject acreage to be developed: acres initially; c Project acreage to remain undeveloped acres. d. Length of proiect, in miles: (If appropriate} e If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing g Maximum vehicular tr~ps generated per hour I~. If residential: Number and type of housin8 units: One Family Two Family Multiple Famil, Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; _ width; j Linear feet of froptage aiong a public thoroughfare proiect will occupy is? acres ultimately. ; proposed (upon completion of project)? Condominium _ length ft. 3 2. How much natural mate, ,i.e., rock, earth, etc.) will be removed fm, the site? N/A 3. Will disturbed areas be reclaimed? [~Yes /No a. If yes, for what intend~J purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? E~Yes E3No 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? N/A acres. 5. Will any mature forest (over 100 years o~d) or other Iocallyimportant vegetation be removed by this proiect? []Yes ~No 6. If single phase project: Anticipated period of construction NA months, (including demolition). 7. If multi-phased: a Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? []Yes ~lNo 8. Will blasting occur during construction? [~ [Yes /No 9. Number of iobs generated: during construction ~ ; after proiect is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? []Yes JEll,No If yes, explain tons/cubic yards year, (including demolition). year. 12. Is surface liquid waste disposal involved? E3Yes 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? []Yes [[[]No Type 14. Will surface area of an existing water body increase or decre'ase by proposal? fqYes E~:No Explain 15. ]s project or any portion of project located in a 100 year flood plain? E}Yes []No 16. Will the project generate solid waste? [Yes EaNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? FqYes fi}No c. If yes, give name ; location d. Will any wastes r,ot go into a sewage disposal system or into a sanitary landfill? E]Yes e. If Yes, explain I~No 17. Will the project involve the disposal of solid waste? E]Yes /No 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 ~i~'4o 19. Will project routinely produce odors (more than one hour per day)? [Yes /No 20 Will project produce operating noise exceeding the local ambient noise levels? [~Yes 21 Will project result in an increase in energy use? []Yes ~[~No If ~es , indicate type(s) 22. If water supply is from wells, indicate pumping capacity [x~ gallons/minute 23 Total anticipated water usage per day gallons/day. 24. Does project involve Local State or Federal funding? []Yes []No If Yes, explain 25. Approvals Required: Type Submittal Date City, Town, Village Board I~Yes ~No City, Town, Village Planning Board E~Yes []No City, Town Zoning Board OYes City, County Health Department []Yes ina Other Local Agencies E~Yes Other Regional Agencies E~Yes State Agencies I~Yes Federal Agencies E]Yes [No C. Zoning and Planning Information I . Does proposed action involve a planning or zoning decision? DYes ~No If Yes, indicate decision required: [~zoning amendment E]zoning variance I~special use permit I~subdivision E~site plan E]new/revision of master plan E~resource management plan Pother 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? 4. What is the proposed zoning of the site? Hmmlot Riskiness 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? []Yes 7. What are the predominant hand use(s) and zoning classifications within a % mile radius of proposed action? Commercial, civic, governmental, residential 8 Is the proposed action compatible with adioining/surrounding land uses within a ~¼ mile? ~]Yes E~Nc 9, If the proposed action is the subdivision of land, how many lots are proposed? NA a. What is the minimum lot size proposed? 10. Will proposed action require any authorization[s) for the formation of sewer or water districts? ~lYes ~Nc 11 Will the proposed action create a demand for any community provided services [recreation, education, police fire protection)? EJYes :i~] N o a, if yes, is existing capacity sufficient to handle projected demand? ~]Yes liND 12. Will the proposed action result in the generation of traffic significantly above present levels? i~Yes [~[No , a, If yes, is the existing road network adequate to handle the additional traffic? [~Yes D. Informational Details Attach any additional information as may be needed to clarify your project if there are or may be any advers~ impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate pi avoid them E. Verification I certify that the information provided above is true to the best of maLknowledge. App,cant/Sponsor Xame iz/2/ 2 Signature ~"L-~qA_~' ~, c~.~/~1~ / Title //~ ~o If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedinj with this assessment. 5 N OWNERS LI5T TAX MAP No. DEBORAH 5. SHILLO RADIUS MAP FOR ZONE GHAN&E COO-q- E4-85 LIZABETH W FURSE 6 THOMAS J WATSON W EILDING) SITUATE: FISHERS ISLAND BAR4 BARA M. GORHAM TRUST q '11 1-21 HENRY L. FERGUSON MUSEUM INC TOWN: 5OUTHOLD TALBOT FAMILY LIMITED PARTNERSHIP 4-IIS S SUFFOLK COUNTY, NY z 21 a 141EAL HOLDING CORP \ \\\ ST JOHN'S EPISCOPAL CHURCH TAD GLENN SPERRY a N5 AUGUST 6, 2002 2-4,1 4-14.2 ELLEN D HARVEY Eixxa°i� SUFFOLK COUNTY TAX F FISHERS ISLAND FIRE D15TRIGT q-IS _ FOX AVENUE (FIRE HOUSE) EDWARD T MCELWREATH 1006 0-9-2-6.1 000-9-2-7 (COMMERCIAL BUILDING) LESLIE L MCELWREATH 2-61 OONSTANGE WHITE 4 EDMOND WHITE . sal \ \ APPLICANT. WINDHAM RESOURCES LLC4-11 (VACANT) (F I UTILITIES CO INC,VA (VACANT) Wlndf am Resources, LLC 2-62 ISLAND HEALTH PROJECT INC. 4-IB m Ms. NIna Loth, Manager M. ELIZABETH SAVAGE 4 JOHN 5 W WA5LEY 5� (VACANT) 35 WOodS Grove Road (RESIO M. E) Westport, st Weport, GT 0,5860 WINDHAM RESOURCES LLG 4-1q (RESIDENCE) ql 2HMAN Q RICHARD G AHMAN 2-8 .' FISHERS ISLAND GIV16 ASSOCIATION ESLESTEA D. PARSOSSII$ 2-9 4-21 +e a a F xeusx undo lEffil\XON C�S I (RES DE'NC BETH RO6AN LILLIE M. AMMAN Q RICHARD G AMMAN h 4-221 • �i CHARLES B. FER615ON [ WIFE JOAN A 4-222 CHANES 14'E5T MAIN a s -5_1o= - \ / (BUILDING) JOAN A. CHANES a T STREET -23 ass 51 sq- MONTAUK \ iA� d m FISHERS ISLAND UNION CHAPEL SOCIETY THOMAS SHILLO 4-I A�NUFI �3�5 BEFIT H HU5EBY, KRISTIN F HU5EBY, 5-I } sa 4 2 JAMES R HALL 4 STEPHANIE HALL - - - - _ ➢ ROBERT N HU5EBY 6 ROBERT N HU5EBY JR GRACE W HARVEY 4 JOHN J T15UE JR as ,���\' Z ROBERT W PARSONS 4 SUZANNE W PARSONS 5_3 m I (RESIDENCE) FISHERS ISLAND TELEPHONE CORP gee rcrsenan t t ZF - p� - x` JOANNE MONTGOMERY BURR 5-13 a-es 0E tiG " --___ ?1 -==_ -_---_ -'__ ___- s.g� (COMMERCIAL &11LDING) RONALD ZANSHETTI 4 WIFE -=F G` �V" .I "' 4 4_4 5-14 CA 10 A TOGLIA PETER A GAN (RESIDENCE) 5-161 4-5 5T. JOHNS EPISCOPAL CHURCH ALL15ON D SARGENT 4 THOMAS A SARGENT (COMMERCIAL BUILDING) 9 l 4-6 Pv ROBERT N HU5EBY 4 - • e6 + p \ (RESIDENCE) 4-7 `# N . v HENRY L FERGU50N MUSEUM ING NOTE'ITEM5 IN PARENTHESIS INDICATE BUILDING TYPE - cans c a0V eb:\ ZOW�v TRILT AVENUE � "---� ,.�.ak � ;�,a,x;,,•. MIOLOIMIAN - - �_—__` - � +� �zarveROlsTRlcr RIOT ` SUBJECT PARCEL B 4 OUNDARY DE56RIPTION _ GRAPHIC SCALE I"=200' �tia scala "= loo' G; a , Gj JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 RIVERHEAD,N.Y. 11901 -_ 369-8288 Fax 369-8287 REF.-\\Hp server\d\PR0S\01-134RADA.pro