HomeMy WebLinkAboutTown Board own motion-FI SCHEDULE A
LOT 1
NYSDEC JURISDICTIONAL BOUNDARY N/F 1
AS DETERMINED BY NYSDEC 6/18/Di UNION FREE I I „ M F$F
LAG SCREWF�Slj g O
ss IN corlcRErE SCHOOL DISTRICT I h
APPROX. COASTAL EROSION HAZARD LINE ° ° I (VACANT LAND) „ , it g
PER COASTAL EROSION HAZARD AREA MAP ' _ 1 q e
TOWN OF SOUTHOLD; SUFFOLK COUNTY A INTI A. m
NEW YORK; PHOTO NO. 41-1185-83 CHILSEI) CROSS � ��'� a
SHEET 49-FI OF 49; 8/29/80 2p, �IN ROCK lllz 8RU
� ° � 6
° zj9� 1 1 •�� � 7'
J ASS•B 1
1
BRASS r
ROCKY BEAC - m
\ MARKER / m
A °
f J
O p RANSFORMER P4�
AD
O
y \�D4
' LOCATION MAP SCALE 1 "=400'
DREMISES
�L�MT TT
NYSDEC JURISDICTIONAL BOUNDARY o '0 'I I 11�+•11SLS OE IVE' •
�I AS DETERMINED BY NYSDEC 6/18/01 / N ^�
A T,L
° A l \I AREANN
INR LLC ' II I MISTING WATER MAIN
° 103,080t SQ.FT. 1 I I
I 2.371 ACRES 1TE
Area landward of 1 1 /\ OBSERVATION \
I Comtel Erosion Hazard Line TDWER O
A N\ 53,950 sq.8
I \ CHRISTOPHI- L. RAFFERTY td��3EE) BEtl
I �\\\ 1.) SITE PLAN PREPARED FOR CAROLYN J. DOHERTY; RESERVOIR ROAD;
Q FISHERS
RSINEW YORK; DATE:SLAND,1; CHANDLER. PALMER MARCH
KNG;3NORWICH, CT. 1"=40';
FISHERS ISLAND SOUND
0_
N/F �4�ss\ p O C14IE v r
JEANNE A. MAY S62S0o I 1.) T'HS SURVEY WAS PREPARED FCR THE PARTIES AND PURPOSE a (�
INDIC),TE[ HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED L-
EEDS THE SCOPE J Z
O 9A\ AGREf:O "0 BETWEEN THE CLIENT AND THE SURVEYOR EXC
Of
OF THE ENGAGEMENT. w Of o
LI
O1 �dry� ,.y9�DS'i IRON 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, a O g
APPf OX. LIMITS OF d •y$ PIPE 'f' p0 UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TOw W N
o n TIDAL WETLANDS AS 4'S OQ'OdoD \ \ / / �ryoQ/ ALTER API ITEM IN ANY WAY, N a
Of
e FLAGG-D BY I, COLE PC.�50^a a
& VERIFIED BY G, JUST I c�6 ^• / �' 3.) OVLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S =
SIGN
J.M,O. CONSULTING
04/02/01 ' I s '4� / DETAIL OF THRAND
E LAND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT
_� K• `\ '°j o� / / (NOT TO SCALE) 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND
v NAP \ / GEODETIC SURVEY TRIANGULATION STATION "PROS"
p� F1TF,Li c p \ /
COBBLEBEACH 1 •'S� Z\ AREA INIviQ ZONE \9 ?ONS / F 10 SITE C IN THE TOWN OF , LOTHOLD, COUNTY OF SUFFOLK TAX MAP
1000, SECTION HE BLOCK 8, LOT 2.
a� 40,6701 SQ.Fr. N/F
/ 0,931ACRESti kYF MARTHA P. LITCH 6.) AREA OWNED BY FITF, LLC = 3.301 ACRES.
Area landward of Coastal
Erosion Hazard LL aG
= /
28,9501 eq. +
R sTjti \
SG\ (OA4'C.0 POLE
309 /
° \
CSO� ,i
\
,p\
CHAIN LINK LIRO N y'roo To \� / / m o
FENCE tiW PIPE
F
S
1� m9 `ry 2.21 LOT 3.4 TJ ��0 N/F o ¢
0
STONE SLOPE `" �A, N/F soo F ' � WILLIAM H. WOOD, JR.
� .^ JANE HARVEY & /
CHARLES CURTIS / > _
\ SINGLE FAMILY RESIDENCE 41
MUNICIPAL SEWER & /
�- MUNICIPAL WATER IEXISTING I /
\ "'I--IRON PIPE 1 S ZOO 'r
HOUSE
HOUSEE '? 'iF / \ /
SILVER EEL COVE DILAPIDATED 2J9'Q. °oF \ / /
o COCK \
CDp ® M II a
CD JANET H. HARVEY & \
o
R. DIXON H. HARVEY, JR. / \
o � s
N N/F m I I o
WILLIAM WOOD
o 0 0
o
N/F
o \ JJ3
/l1 N/F NOW OR FORMERLY
N/F SF SQUARE FEET DATE; 05/15/2006
HIRAM F. MOODY III \ SCALE; 1 " = 40'
I \
QUALITY CONTROL CERTIFICATION
GROUPREVIEWED DAT ;
4 O 20 0 40 SHEET
PROJECT
nceR
SURVEY Is- 1 OF 1
ENVIRONMENTAL
GRAPHIC SCALE IN FEET
CIVIL
STRUCTURAL
ARCHITECTURAL
FILE 3
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
I~ECEIVE:D
OCT 1 7 2006
GEORGE E. PATAKI
(~OVERNOR
CHRISTOPHER L. JACOBS
SECRETARY OF STATE
October 10, 2006
Town of Southold
Town Ha1153095 Main Road
PO Box1179
Southold, NY 11971
RE: Town of Southold, Local Law 13 & 14, 2006, filed on 9~26~2006
To Whom It May Concern:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
WWW.DOS.STATE,NY.US · E-MAIL:INFO~DOS,STATE,NY,US
SOUTHOLD TOWN BOARD
PUBLIC HEARING
August 9, 2006
1:45 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
requirements of NYS Town Law and the Code of the Town of Southold, Suffolk County,
New York, the Town Board of the Town of Southold will hold a public hearing on a
proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town
of Southold by Chan~in~ the Zonimt Designation of that portion of SCTM #1000-9-
8-2 presently zoned as M-lit as well as SCTM #1000-9-8-3.4, from M-Il to R-40" at
the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on
August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the
closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2
currently zoned as R-80, the filing of covenants and restrictions limiting the size of any
dwelling on the remaining unpreserved portion of that property to be rezoned to the size
of the footprint of the existing building on that site (1,296 ft.), as well as limiting the
building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with
no detached accessory structures permitted. The rezonings shall revert to their prior
zoning classifications if the preservation contract closing does not occur within two years
of the enactment of this Local Law. The petitioner for this request is the Town Board of
the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively,
and are located off of Reservoir Road on Fishers Island.
This notice of public hearing has appeared on the Town Clerk's bulletin board outside of
Town Hall. It also has appeared as a legal in our local newspapers and I have a number
of different affidavits here showing that communications have been conducted between
the Town and Fishers Island and all the different people. Do I have anything else of a
legal nature? There is a letter, a memo, from....I should have a response from the
Planning Board where we asked for their opinion about this. There are several other
communications that we have here. I should point out that there are several gaps, not
gaps, there are several pieces of communications that the Town is still awaiting. We are
awaiting a response from the Suffolk County Planning Department which we are obliged
to have in our possession before we vote on these, on a zone change of this nature. We
are also waiting for a response from our Planning Board which just recently got it. We
are holding the public heating today here on Fishers Island because obviously these two
measures are of great importance to the people of Fishers Island. We will not be able to
take a vote on it today because the file is still not complete. The Town Attorney reminds
me that we can vote on the contract but not on the zone change.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
zone change? (No response)
JUSTICE EVANS: I move that we leave this hearing open and move back into regular
session.
Elizabeth A. Neville
Southold Town Clerk
NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET~ ALBANY~ NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
Local Law No. 13 of 2006
A Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the
Zoning Designation of that portion of SCTM #1000-9-8-2 presently zoned as M-II, as well as SCTM #1000-9-
8-3.4, from M-II to R-40"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Purpose
The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as 1000-
9-8-2 presently zoned as M-II, as well as SCTM #1000-9-8-3.4, from M-II to R-40.
Section 2. Code Amendment
The re-zonings shall be conditioned upon the closing of the contract permanently to preserve the portion of
SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any
dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the
existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted
but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The re-zonings shall
revert to their prior zoning classifications if the preservation contract closing does not occur within two years of
the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold.
The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on
Fishers Island.
Section 3. Severability
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
Section 4. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -2 3 9(Rev. 11/9 9) ( 1 )
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 13 of 20 06 . of the
(W~mtO,~(Town) ('.':11xg:) of SOUTHOLD was duly passed by the
TOWN BOARD on_September 5 _, 20 06 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ___, and was (approved)(not approved)(repassed atter
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20__. Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20__ , and was (approved)(not approved) (repassed atter
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20__, in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 __.,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20__, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the County legislatil~ body. City. 'i~o wn or'~llage Clerk
or officex designated by local legislative body
Linda J. Cooper, Deputy Town Clerk
(Seal) Date:
September 14, 2006
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing loc
have been had or taken for the enactment of the local
~it/~ins the correct text and that all proper proceedings
utc
~tleran Corcoran, Esq.~ Assistant Town Attorney
Town of
SOUTHOLD
Date: September 14, 2006
(3)
Town of Southold - Letter
Board Meeting of September 5, 2006
RESOLUTION 2006-738
ADOPTED
Item # 32
DOC ID: 2130
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-738 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 5, 2006:
WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by
the Land Preservation Committee with a plan to preserve 2.4+ acres of waterfront land on
Fishers Island in the R-80 zone identified as a portion of SCTM # 1000-9-8-2; and
WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as
well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and
WHEREAS, in connection with this preservation opportunity it has been proposed that the
Town rezone the remaining portion of SCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from
M-II to R-40; and
WHEREAS, rezoning of the subject sites as residential is consistent with the existing and
surrounding uses of the properties and the neighborhood; and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code
and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has
determined that this action is consistent with the LWRP; and
WHEREAS, that pursuant to the requirements of NYS Town Law and the Code of the Town of
Southold, Suffolk County, New York, the Town Board of the Town of Southold held a public
hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the
Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-9-8-
2 presently zoned as M-III as well as SCTM #1000-9-8-3.4~ from M-II to R-40", now therefor
be it
Generated September 11, 2006 Page 44
Town of Southold - Lett~I~ Boar~eefing of September 5, 2006
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by
Chan~m, the Zoning Designation of that portion of SCTM #1000-9-8-2 presentiy zoned as
M-II~ as well as SCTM #1000-9-8-3.4~ from M-II to R-40", which reads as follows:
Local Law No. 13 of 2006
Section 1. Purpose
The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel
known as 1000-9-8-2 presently zoned as M-II, as well as SCTM #1000-9-8-3.4, from M-Il[ to R-
40.
Section 2. Code Amendment
The re-zonings shall be conditioned upon the closing of the contract permanently to preserve the
portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions
limiting the size of any dwelling on the remaining unpreserved portion of that property to be
rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as
limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and
with no detached accessory structures permitted. The re-zonings shall revert to their prior zoning
classifications if the preservation contract closing does not occur within two years of the
enactment of this Local Law. The petitioner for this request is the Town Board of the Town of
Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off
of Reservoir Road on Fishers Island.
Section 3. Severabillty
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 4. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT:
MOVER:
ADOPTED [UNANIMOUS]
Louisa P. Evans, Justice
Generated September 11, 2006 Page 45
Town of Southold - Letter Board Meeting of September 5, 2006
SECONDER: Thomas H. Wickham, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .Ir.
Generated September 11, 2006 Page 46
Town of Southold - Letter
Board Meeting of September 5, 2006
RESOLUTION 2006-735
ADOPTED
Item # 29
DOC ID: 2145
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-735 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOVCN BOARD ON
SEPTEMBER 5, 2006:
VOtEREAS, the Town Board of the Town of Southold completed an uncoordinated SEQR
Review of an unlisted action involving the rezoning of a 0.9 acre parcel (SCTM #1000-9-8-2) as
well as an adjacent parcel (SCTM #1000-9-8-3.4) located off of Reservoir Road on Fishers
Island, from their current MII zoning district designation to the R-40 residential district; and
VOtEREAS, the parcels to be rezoned already accommodate existing residential uses, and parcel
1000-9-8-3.4 will be restricted by covenants limiting the further building on that parcel; and
WHEREAS, the rezoning of the parcels from MII to R-40 will limit the intensity of uses on
those parcels;
NOW, THEREFORE, BE IT RESOLVED that pursuant to Part 617 of the SEQR Regulations,
the Town Board of the Town of Southold hereby confirms its designation as the Lead Agency for
the uncoordinated SEQR Review of this Action.
BE IT FURTHER RESOLVED that pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental
Con3ervation Law, the Lead Agency has determined that the proposed Unlisted Action will not
have a significant adverse effect on the environment for the reasons enumerated in the Full
Environmental Assessment and Negative Declaration Form.
Elizabeth A. Neville
Southold Town Clerk
Generated September 6, 2006 Page 39
Town of Southold - Lett[l~ Boar~eeting of September 5, 2006
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated September 6, 2006 Page 40
LI[A%A
L. K. Mclean Associates, P.C.
437 South Country Road * Brookhavcn · New York * 11719
(631) 286-8668 * FAX (631) 286-6314
EUGENE F. DALY. PE, P T.O E.TM, PRESIDENT and CE.O.
RAYMOND G. DiBIASE, PE., P.T O ETM, EXECUTIVE ViCE PRESIDENT
JOSEPH F CLINE, P,E, VICE PRESIDENT
ROY R FULKERSON, P.L.S, VICE PRESIDENT
ALBERT T DAWSON, P E., VICE PRESIDENT
CONSULTING ENGINEERS
Associates
CHRISTOPHER F. DVVYER
JAMES L DeKONING, P.E
ROBERT A STEELE, P.E.
August 31, 2006
Mr. Kieran Coreoran Esq., Assistant Town Attorney
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
SEQR for Proposed Zoning Change M-II to R-40 - Part of Parcel SCTM# 1000-09-
08-002 and Parcel SCTM# 1000-09-08-003.4 (Dixon Harvey Property)
SEQR Package & Letter Recommending Negative Declaration by Lead Agency
LKMA Project No. 05010.01
Dear Mr. Corcoran:
As per our conversation regarding the proposal by the Southold Town Land Preservation
Committee (as detailed in the Resolution 2006-644 adopted July 25, 2006) and the supporting
documents provided by your office 0Vlelissa Spiro's letter dated July 6, 2006), we have
completed the attached SEQR Full Environmental Assessment Form for the Town's review and
determination of significance.
Based upon NYCRR Part 617 regulations our office has classified the proposed action as
"unlisted" with none of the thresholds of a Type I Action exceeded. The proposed action is to
rezone part of a parcel (0.89 of a 3.3 acre lot) and an adjacent parcel from Marine II zoning to
Residential - 40 (One Acre) for the purpose of minimizing the potential land uses under the
Town's Zoning Laws. The proposed change of zoning fxom M-II to R40 is more restrictive and
will offer less potential uses for the two (2) properties. Restricting any future commercial marine
uses, the amount of boats (4 slips maximum) serviced by the existing dock and limiting the
dimensions of future residential dwellings are all conditions that support a more restrained land
use objective.
Our office understands that based upon the previous uses of the land, the M-II zoned property is
in the process of contaminated soil remediation and removal. Again, the proposed action by the
Town's Land Preservation Committee is to re-zone the parcels to a more restrictive land use as
part of a proposal to purchase 2.4 acres of land for open space. Any and all future actions,
whether it involves the constmction of a two-story one family residential dwelling or the
restoration of the existing dock, would be subject to a new environmental review as well as all
Town approval requirements set forth in the Town Code.
· Founded in 1950 ·
LIh%%A
L. K. Mc Jean Associates, P.C.
The existing 2.4 area of the parcel which is currently zoned Residential-80 (2 acre) is to be
purchased by the Town of Southold for "open space" purposes. The current contaminated soil
remediation is not associated with the proposed area to be purchased by the Town. The
environmental review performed by our office evaluated the action of rezoning and the potential
impacts of the different land uses. Therefore it would be inappropriate to consider the impact of
specific features associated with prospective projects to the above referenced parcel. Until a
specific project is proposed by the land developer and/or owner, the impact on aesthetic
resources cannot be determined. Although, the preservation of 2.4 acres of Residentially zoned
(R-80) waterfxont property can assure that no future dwellings or structures will impact the
existing aesthetic resources.
Attached you will find a Full Environmental Assessment Form completed by our office based
upon the Town's proposed action. Based upon the information provided in Parts I and II of the
SEQR-FEAF, our office does not find any large or important impacts on the environment. In
fact, the action proposed by the Town will limit and/or minimize any future significant impacts
to the environment. Therefore, our office recornrnends that the Town Board prepares a
negative declaration for this proposed action offered by the Land Prevention Committee.
Although the Suffolk County Department of Health services and New York State Department of
Environmental Conservation were listed in the FEAF, they were listed as agencies associated
with the existing (ongoing) remediation of contaminated soils. Their approvals should not have
any impact and not applicable to the Town's decision to purchase the 2.4 acre parcel (part of)
and to rezone the two (2) privately owned properties. The property owners should coordinate
any and all approvals associated with the SCDHS and NYSDEC for the remediation activity and
any future construction on or adjacent to wetlands. Therefore, the only approvals required by
this action (rezoning) is a negative declaration prepared by the Town and the change of zoning
by the Town's Zoning Board/Planning Board. Since the Town of Southold is the only agency
approving, funding and undertaking the action, the Town of Southold is automatically Lead
Agency for this action.
If you should have any questions regarding the contents of this letter and the attached Full
Environmental Assessment Form, please do not hesitate to contact this office directly.
Very Truly Yours
CFD:cfd
Enc. (2) FEAF & Town's Plot Plan
CC: Town Council (6)
Christopher F. Dwyer
Associate
Melissa Spiro, Land Preservation Coordinator w/enc.
Elizabeth Neville, Town Clerk w/enc.
LKMA File Copy w/enc.
SEP - 5 2006
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Puq)ese: The full FAF 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 he significam is not always easy to answer. Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge
in one particular area may not be aware of the broader concerns affecting the questJon of significance.
The full FAF is intended to provide a method whereby applicants and agencies can he assured that the determination process
has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full FAF is comprised of three pats:
Part 1: Provides objective data and infoonation 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 ceesidored sma# to mnderate or whether It is a potentially-large impact. The
form also identifies whether an impact can be mitigated or mcluced.
Pert 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 importam.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions
Upon review of the information recorded on this FAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, It is reasonably determined by the lead agency that:
r~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 ~ de~aration wtl be ~;~ed.
NB.
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 preflared.*
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
REZONING OF PARCELS FROM M-II TO R-40 SILVER EEL COVE
Name of Action
TOWN OF SOUTHOLD
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Prep~r (If different from lt~sponsible officer)
website
Date
Page I of 21
PART 1-PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to further verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action REZONING OF PARCELS FROM M-II TO R40 SILVER EEL COVE
Location of Action (include Street Address, Municipality and County)
SILVER EEL COVE, FISHERS ISLAND, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
[]
Name of Applicant/Sponsor TOW~N OF SOUTHOLD - LAND PRESERVATION COMMITTEE
Address 53095 ROUTE 25
City/PO P.O. BOX 1179, SOUTHOLD State NEW YORK Zip Code 11971-0959
Business Telephone (631)765-1889
Name of Owner (if different) F.I.T.C, LLC & JAN[[ I-L~RVEYAND CH~RLES CURTIS
Address Res~voir¢ Road
City / PO Fishers Island
Business Telephone
State New York Zip Code
Description of Action:
THE SOUTHOLD TOWN BOARD HAS BEEN PRESENTED WITH A PROPOSAL BY THE LAND PRESERVATION
COMMII 1EE TO PRESERVE 2.4 ACRES OF WATERFRONT LAND ON FISHERS ISLAND IN THE R-80 ZONE IDEN flFIED
AS A PORTION OF SCTM# 1000-09-08-02. THE SUBJECT PROPERTY WHICH CONSISTS OF 3.29 ACRES IS SPLIT ZONED,
WITH THE REMAINING 0.89 ACRES OF THE PROPERTY ZONED M-IE THE TOWN IS PROPOSING TO REZONE THE M-II
ZONED PROPERTY TO R-40 (RESIDENTIAL) AND REZONE THE ADJACENT PARCEL SCTM# 1000-09-08-3.4 CURRENTLY
ZONED M-II TO R-40 AS WELL. REZONING OF THE SUBJECT SITES AS RESIDENTIAL IS CONSISTENT WITH THE
EXISTING AND SURROUNDING USES OF THE PROPERTIES AND THE NEIGHBORHOOD. ANY AND ALL FLrTURE
ACTIONS ON THE PROPOSED REZONED PROPERTIES IS NOT PART OF THIS ACTION AND WOULD BE SUBJECT TO A
SEPARATE ENVIRONMENTAL REVIEW. THE CHANGE OF ZONING FROM M-II TO R-40 RESTRICTS THE POTENTIAL
USES FOR THE PROPERTIES. ANY AND ALL PROPOSED CONSTRUCTION ON THE PROPOSED RESIDENTIAL PARCELS
WOULD BE IN FULL COMPLIANCE WITH ALL TOWN CODE ORDINANCES AND ANY SPECIFIC COVENENTS.
Page 2 of 21
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: [] Urban [] Industrial [] Commercial
F"~ Forest
N Residential (suburban)
[]Agriculture ~']Other MARINEII
D Rural (non-farm)
Total acreage of project area: 3.60 acres.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agdculturel)
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) grass area
PRESENTLY
0 acres
].2 acres
0 acres
.83 acres
0.67 acres
.10 acres
0.10 acres
0,70 acres
AFTER COMPLETION
0 acres
] .20 acres
0 acres
,83 acres
.67 acres
.10 acres
0.10 acres
0.70 acres
What is predominant soil type(s) on project site?
a, Soil drainage: r~well drained 100 % of site
N Poorly drained % of site
D Moderately well drained % of site.
If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land
Classification System? N.A. acres (see I NYCRR 370).
4. Are there bedrock outcroppings on project site? ~ I Yes ~.J No
a. What is depth to bedrock 1200+ (in feet)
5. Approximate percentage of proposed project site with slopes:
r~o. lo% 100% NlO. 15% % [] 15% or greater
Is project substantial~L~ontiguous to, or contain a
Historic Places? [] Yes ~'~ No
%
building, site, or district, listed on the State or National Registers of
Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes ~'~No
What is the depth of the water table? 4 (in feet)
Is site located over a primary, principal, or sole source aquifer?.
NYes [] No
[]Yes []No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?
Page 3 of 21
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
Accordin~ to:
IBASED UPON REVIEW OF RECORDS NONE APPEAR TO EXIST
DYes [~lNo
i dentif~ each species:
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations?
I The project site is flat land.
13. Is the project site present{y used by the community or neighborhood as an open space or recreation area? []Yes [~]No
If ~/es, explain:
IThc property was used around 20 years ago as a fuel oil terminal with oil tanks, Thc tanks ware removed and mmediation to remove
contaminated soil is underway. A Phase II ESA has been conducted which the landowner has furnished to the Town.
Does the present site include scenic views known to be important to the community?. ~'lYes DNo
1
4.
Scenic views of Silver Eel Cove can be seen from the properties. Due to the proposed land preservation and rezoning, the scenic
views shall be maintained by the proposed action.
15. Streams within or contiguous to project area:
None
a. Name of Stream and name of River to which it is tributary
N.A.
16. Lakes, ponds, wetland areas within or conti~lUOUS to pro~ect area:
SILVER EEL COVE, LONG ISLAND SOUND
b. Size (in acres):
IN.A.
Page 4 of 21
17. Is the site served by existing public utilities? [] Yes [] No
a. If YES, does sufficient capacity exist to allow connection? [] Yes
b. If YES, will improvements be necessary to allow connection?
No
[~]Yes •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 o~ substantially contiguous to a Cdtical Environmental Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 6177 [~]Yes E~No
20. Has the site ever been used for ~he disposal of solid or hazardous wastes?
Physical dimensions and scale of project (fill in dimensions as appropriate).
a. Total contiguous acreage owned or controlled by project sponsor:
b. Project acreage to be developed: 3.60 acres initially;
c. Project acreage to remain undeveloped: 2.40 acres.
d, Length of project, in miles: .30 (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 trips generated per hour:
h, If reeidential: Number and type of housing units:
One Family Two Family
Initially 2 0
Ultimately 2 0
i. Dimensions (in feet) of largest proposed structure: 20' height;
j. Linear feet of frontage along a public thoroughfare project will occupy is?
2. How much natural material (i.e. rock, earth, etc.) will be removed from the site?
3. Will disturbed ereas be reclaimed [~]Yes •No NN/A
DYes []No
3.60 acres.
!.29 acres ultimately,
N.A %
0; proposed 0
N.^. (upon completion of project)?
Multiple Family Condominium
0 0
0 0
31' width; 32' length.
692 ~t.
0 tons/cubic yards.
a. If yes, for what intended purpose is the site being reclaimed?.
IDue to the presence of contaminated soils on the currently zoned M-II areas, any areas where mmediation and soil removal is
underway s~all be reclaimed to their natural state.
b. Will topsoil be stockpiled for reclamation? [] Yes [] No
c. Will upper subsoil be stockpiled for reclamation? [] Yes [] NO
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .25 acres.
Page 5 of 21
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this pm_iect?.
[~] Yes [] No
If single phase project: Anticipated period of construction: __
If multi-phased:
b.
d.
Will blasting occur dudng construction? r'~ Yes [~ No
Number of jobs generated: during construction
months, (including demolition)
Total number of phases anticipated N.A. (number)
Anticipated date of commencement phase 1: N.A month ~ year, (including demolition)
Approximate completion date of final phase: N.A month __ year.
Is phase 1 functionally dependent on subsequent phases? [] Yes [] No
9.
10. Number ofjobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? N Yes
If yes, explain:
0; after project is complete
]No
NOT ASSOCIATED WITH THE ACTION OF REZON1NG FOR THE PURPOSE OF PRESERVING LAND.
12. Is surface liquid waste disposal involved? [] Yes [] No
a. If yes, indicate type of waste (sewage, industrial, etc) and amount
b. Name of water body into which effluent will be discharged N.A.
13. Is subsurface liquid waste disposal involved? [] Yes [] No Type
14. Will surface area of an existing water body increase or decrease by proposal? r~Yes [~No
If yes, explain:
I
15. Is project or any portion of project located in a 100 year flood plain? [~J Yes E]No
16. Will the project generate solid waste? N Yes [] No
a. If yes, what is the amount per month? 0 tons
b. If yes, will an existing solid waste facility be used?. [] Yes [~ No
c. If yes, give name ; location
d.
Will any wastes not go into a sewage disposal system or into a sanitary landfill? [-']Yes [] No
Page 6 of 21
e. If yes, explain:
17. Will the project involve the disposal of solid waste? DYes ~'~No
a. If yes, what is the anticipated rate of disposal? H.A. tons/month.
b. If yes, what is the anticipated site life? N.^. years.
18. Will project use herbicides or pesticides? DYes [] No
19. Will project routinely produce odors (roore than one hour per day)? DYes []No
20, Will project produce operating noise exceeding the local ambient noise levels? r~Yes r~No
21. Will project result in an increase in energy use? [] Yes [] No
If yes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity N.A. gallons/minute,
23. Total anticipated water usage per day N.^ gallons/day.
24, Does project involve Local, State or Federal funding? [] Yes [] No
If yes, explain:
THE TOWN IS TO PURCHASE 2.4 ACRES FOR THE PURPOSE OF LAND PRESEVATION USING TOWN OF
SOUTHOLD FUNDS.
Page 7 of 21
25. Approvals Required:
Type Submittal Date
City, Town, Village Board
N Yes [] No
City, Town, Village Planning Board [] Yes
No
Change of Zone
Change of Zone
Tank Removals and Soil
Remediation by Privately
Owned Property Owner
Ongoing soil remcdiation
with NYSDEC if applicable
by private property owner.
City, Town Zoning Board
]Yes [] No
City, County Health Department N Yes
No
N/A to this
action taken
by Town
N/A to this
action taken
by Town
Other Local Agencies
DYes [] No
Other Regional Agencies
DYes [] No
State Agencies NYes [] No
Federal Agencies [] Yes [] No
C, Zooing and Plannin~ Information
1. Does proposed action involve a planning or zoning decision? r~Yes
if Yes. indicate decision requimcl:
]Zoning amendment
D Site plan
N No
E~ Zoning variance
r']special use permit
E~] New/revision of master plan
E~] Resource management plan
D Subdivision
D Other
Page 8 of 21
2. What is the zoning classification(s) of' the site?
I Residential (R-80) and M-II
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 iff[e?
IWhile the 2.4 acres that is currently zoned R-80 is to be purchased by thc Town for land preservation, the remaining .89 acres of
parcel 1000-09-08-02 is to be rezoned from M-II to R-40. the adjacent parcel (SCTM# 1000-09-08-3.4) is to be rczoned from
M-II to R-40 as well.
5. What is the maximum potentJal developrnont of the site if developed as permitted by the proposed zoning?.
A one family dwelling on each of the R-40 zoned properties and thc existing dock can be used for a maximum of four beat slips
not for commercial use)
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No
I
Proposed project will preserve 2.4 acres of waterfront property while thc rezoning will limit thc potential intense land uses.
7. What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action?
General Business - B
Residential: R-40
Residential: R-80
Hamlet Density Residential -HD
8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile?
9. If the proposed action is the subdivision of land, how many lots are proposed? N.^.
a. What is the minimum lot size proposed? N.^.
[~] Yes [] No
Page 9 of 21
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No
11. Will the proposed action create a demand f(~ any community provided services (recreation, education, police, fire protection?
DYes []No
a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No
12. Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes, is the existing rood network adequate to handle the additional traffic. DYes
I
DYes [] No
I--I.o
Attach any additional information as may be needed to clarify your pro~ect. If there are or may be any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them.
£. Ye~ficatien
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Christopher F. Dw~r Date S¢~t l, 2006
Signature
Title Associate
If the actiea is in the Ceastal Area, ami 3tea are a state a~enc~, ceml~{e the Coastal As~ment Fem~ befem i~¢eedi~g ~ ~
assessm~lt.
Page 10 of 21
PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE
Roeponetbillty of t.esd Agency
General Information (Read Carefully)
In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an export environmental analyst.
The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for
most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a
Potential Large Impact response, thus requiring evaluation in Part 3.
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples ara illu=~,=~ve and have been
offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
The number of examples per question does not indicate the importance of each question.
In identifying impacts, consider long term, short term and cumulative effects.
Instructions (Read carefully)
a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact.
b. ~aybe answers should be considered as Yes answers.
If answering Yes to a question then check the appropriate box(column I or 2)to indicate the potential size of the impact. If
impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than
example, check column 1.
d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any
large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it
be looked at further.
e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate
impact, also check theYes box in column 3. A No response indicates that such a reduction is not possible. This must be
explained in Part 3.
I 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
Iropaot on Land
1. Will the Proposed Action result in a physical change to the project
site?
[]
Examples that would apply to column 2
Any construction on slopes of 15% or greater, (15 foot
rise per 100 foot of length), or where the general slopes
in the project area exceed 10%
Construction on land where the depth to the water table
is less than 3 feet.
Construction of paved parking area for 1,000 or more
vehicles.
[] [] I-I[].o
[] [] []Yes []No
Construction on land where bedrock is exposed or
generally within 3 feet of existing ground surface.
Construction that wilt continue for more than 1 year or
involve more than one phase or stage.
Excavation for mining purposes that would remove
more than 1,000 tons of natural material (i.e., rock or
soil) par year.
[] [] • es r-l.o
[] [] []Yes •No
[] [] [] Yes I-I.o
Page 11 of 21
Construction or expansion of a santary landfill.
Construction in a designated floodway.
Other impacts:
I
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[] [] []Yes •No
[] [] [--'~Yes []No
DYes r~No
Will thero be an effect to any unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.)
[].o I--lYES
Specific land forms:
I
Impact on Water
Will Proposed Action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law,
ECL)
[~]NO r~YES
Examples that would apply to column 2
Developable area of site contains a protected water body.
Dredging more than 100 cubic yards of material from channel of
a protected stream.
Extension of utility distribution facilities through a protected water
body.
Construction in a designated freshwater or tidal wetland.
Other impacts:
I
Will Proposed Action affect any non-protected existing or new body of
water?
~]NO [~]YES
Examples that would apply to column 2
A 10% increase or decrease in the surface area of any body of
water or more than a 10 acre increase or decrease.
Construction of a body of water that exceeds 10 acres of surface
area.
Other impacts:
I
~'-IYes []No
[] [] []Yes [~No
[] [] DY. I--I.o
[] [] Dyes [].o
[] [] DTM •No
[] [] DY" []"O
Page 12 of 21
[] [] DYes •No
[] [] DY. I--I.o
Will Proposed Action aff~=~t surface or groundwater quality or
quantity?
[~NO [--']YES
Examples that would apply to column 2
Proposed Action will require a discharge permit.
Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
Proposed Action requires water supply from wells with greater
than 45 gallons per minute pumping capacity.
Construction or operation causing any contamination of a water
supply system.
Proposed Action will adversely affect groundwater.
Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
Proposed Action would use water in excess of 20,000 gallons
per day.
Proposed Action will likely cause siltation or other discharge into
an existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Proposed Action will require the storage of petroleum or
chemical products greater than 1,100 gallons.
Proposed Action will allow residential uses in areas without
water and/or sewer services.
Proposed Action locates commercial and/or industrial uses
which may require new or expansion of existing waste treatment
and/or storage facilities.
Other impacts:
1
Small to
Moderate
Impact
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
2
Potential
Large
Impact
n
[]
[]
[]
[]
[]
[]
[]
[]
3
Can Impact Be
Mitigated by
Project Change
DYes
I-lyes
I-lyes
I-lyes
I-lyes
l-lyes
DYes DNo
r-lyes
I-ly.
Page 13 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
6, Will Proposed Action alter drainage flow or patterns, or surfaco water
runoff?
[~]NO ~]YES
Examples that would apply to column 2
Proposed Action would change flood water flows
Proposed Action may cause substantial erosion.
I-'1 DYe, I--I.o
["1[]Yes ~INo
Proposed Action is incompatible with existing drainage patterns.
Proposed Action will allow development in a designated
floodway.
Other impacts:
IMPACT ON AIR
7. Will Proposed Action affect air quality?
~mpl~ that would apply to column 2
Proposed Action will induco 1,000 or more vehicle trips in any
given hour.
Proposed Action will result in the incineration of more than 1 ton
of refuse per hour.
Emission rate of total contaminants will excoed 5 lbs. per hour
or a heat sourco producing more than 10 million BTU's per
hour.
Proposed Action will allow an increase in the amount of land
committed to industrial use.
Proposed Action will allow an increase in the density of
industrial development within existing industrial areas.
Other impacts:
I-1 I-lYe, I-l.o
~lYe, DNo
[] [~]Ye, []No
IMPAGT ~ Pt. ANI~ AND ANI~,~,L.~
n
[]
[]
I-I []Ye, I--1.o
[] I-lye, r-l.o
[] []ye, I'-I.o
Will Proposed Action affect any threatened or endangered species?
I;'1.° I-IYES
Exampl~ that would apply to column 2
Reduotion of one or more species listed on the New York or
Federal list, using the site, over or n~ar
the site, or [ound on the site.
[] []Ye, I-l.o
[] r==lYe, []No
[] [~]Ye, [~No
[] [~]Yes []No
Page 14 of 21
Removal of any portion of a critical or significant wildlife habitat.
Application of pesticide or herbicide more than twice a year,
other than for agricultural purposes.
Other impacts:
1
Small to
Moderate
Impact
2 3
Potential Can Impact Be
Large Mitigated by
Impact Project Change
r-'l r~Yes []No
[] []Yes []No
[] r-]Yes []No
Will Proposed Action substantially affect non-threatened or non-
endangered species?
Examples that would apply to column 2
Proposed Action would substantially interfere with any resident
or migratory fish, shellfish or wildlife species.
Proposed Action requires the removal of more than lO acres of
mature forest (over 100 years of age) or other locally important
vegetation.
Other impacts:
I
[]
[]
[] I--IYe~ [].o
[] r-lY- I-I.o
I$~AC'r ON AGRICtJI_I~JRAL LAND RES(XJRCES
10. Will Proposed Action affect agricultural land resources?
r;'l.o
Examplse that would apply to column 2
The Proposed Action would sever, cross or limit access to
agricultural land (includes cropland, hayfields, pasture, vineyard,
orchard, etc.)
Construction activity would excavate or compact the soil profile of
agricultural land.
The Proposed Action would irreversibly convert more than 10
acres of agricultural land or, Df located in an Agricultural District,
more than 2.5 acres of agricultural land.
r~
[] I-IY- [].o
[] ~--~ Yes r"l No
[] r-]Yes ~]No
Page 15 of 21
The Proposed Action would disrupt or prevent installation of
agricultural land management systems (e.g., subsurface drain
lines, outlet ditches, strip cropping); or create a need for such
measures (e.g. cause a farm field to drain po•dy due to
increased runoff).
Other impacts:
I
1
Small to
Moderate
Impact
2 3
Potential Can Impact Be
Large Mitigated by
Impact Project Change
[] DY- •No
IMPACT ON AESI'HE'I~C R~S~tJRGES
11. Will Proposed Action affect aesthetic resources? (If necessary, use
the Visual EAF Addendum in Section 617.20, Appendix B)
[~]NO DYES
Examples that would apply to column 2
Proposed land uses, or project components obviously different
from or in sharp contrast to current surrounding land use
patterns, whether man-made or natural.
Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce
their enjoyment of the aesthetic qualities of that resource.
Project components that will result in the elimination or
significant screening of scenic views known to be important to
the area.
Other impacts:
I
[]
[]
[]
[]
[] DYes •No
[] DYes •No
[] I--lYes I'-I.o
[] DYes •No
12. Will Proposed Action impact any site or structure of hist•dc,
prehistoric or paleontological importance?
E]NO I--I~Es
Examples that would apply to column 2
Proposed Action occurring wholly or partially within or
substantially contiguous to any facility or site listed on the State
or National Register of historic places.
Any impact to an archaeological site or fossil bed located within
the project site.
Proposed Action will occur in an area designated as sensitive
for amhaeological sites on the NYS Site Inventory.
[]
[]
[]
[] DY. •No
[] D~es •No
[] DYes •No
Page 16 of 21
Other impacts:
1
Small to
Moderate
Impact
2 3
Potential Can Impact Be
Large Mitigated by
Impact Project Change
[] I-I~es I-I.o
IMPACT ON O~:~.N ~ACE AND RE~.A11ON
13. Will proposed Action affect the quantity or quality of existing or future
open spaces or recreational opportunities?
Examples that would apply to column 2
The permanent foreclosure of a future recreational opportunity.
A major reduction of an open space important to the community.
[]
[]
[]
Other impacts:
IT he purchase of 2.4 acres will positively impact the existing and/or future open spaces.
--
lalPACT ON CRfflCAL ENVIRONMENTAL ARFJ~
14. Will Proposed Action impact the exceptional or unique
characteristics of a critical environmental area (CEA) established
pursuant to subdivision 6NYCRR 617.14(g)?
List the environmental characteristics that caused the designation of
the CEA.
FISHERS ISLAND IN ITS ENTIRETY IS LISTED AS A CRITICAL ENVIRONMENTAL AREA.
[] I-I~es I-I.o
[] []Yes []No
[] []Ye~ rn.o
Examples that would apply to column 2
Proposed Action to locate within the CEA?
Proposed Action will result in a reduction in the quantity of the
resource?
Proposed Action will result in a reduction in the quality of the
resource?
Proposed Action will impact the use, function or enjoyment of the
resource?
Other impacts:
I
I-I I-I~es I-I.o
[] []Yes I"1.o
[-']r'~ Yes []No
I--I[]Yes [].o
[] I-1y. CI.o
Page 17 of 21
IM~AGT ~ TRANSPORTA11ON
15. Will there be an effect to existing transportation systems?
[].o []yEs
Examples that would apply to column 2
Alteration of present patterns of movement of people and/or
goods.
Proposed Action will result in major traffic problems.
Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[]
[]
[] I-lYes •.o
16. W~II Proposed Action affect the community's sources of fuel or
energy supply?
[]NO DYES
Examples that would apply to column 2
Proposed Action will cause a greater than 5% increase in the
use of any form of energy in the municipality.
Proposed Action will require the creation or extension of an
energy transmission or supply system to serve more than 50
single or two family residences or to serve a major commercial
or industrial use.
Other impacts:
NOISE AND OOOR IMPACT
Will there be objectionable odors, noise, or vibration as a result of
the Proposed Action?
[]NO [~]YES
Examples that would apply to column 2
Blasting within 1,500 feet of a hospital, school or other sensitive
Odors will occur routinely (more than one hour per day).
Proposed Action will produce operating noise exceeding the
local ambient noise levels for noise outside of structures.
Proposed Action will remove natural barriers that would act as a
noise screen.
Other impacts:
[]
[]
[] I--Iyss []No
[] DYes []No
[] DYes []No
[]
[]
[]
[]
[]
[] []y. Cl.•
[] DYes ON•
[] DYes •No
Page 18 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
IMPACT ON ~ HEAL'DI
18. Will Proposed Action affect public health and safety?
I--IYES
Proposed Action may cause a risk of explosion or release of
hazardous substances (i.e. oil, pesticides, chemicals, radiation,
etc.) in the event of accident or upset conditions, or them may be
a chronic Iow level discharge or emission.
Proposed Action may result in the burial of "hazardous wastes'
in any form (i.e. toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
Storage facilities for one million or more gallons of liquefied
natural gas or other flammable liquids.
Proposed Action may result in the excavation or other
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous waste.
Other impacts:
I
IUPACT ON GROWTH AND GHARAGTER
19. Will Proposed Action affect the character 0fthe existing community?
EI.o I-lyEs
Examples that would apply to column 2
The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
The municipal budget for capital expenditures or operating
services will increase by more than 5% par year as a result of
this project.
Proposed Action will conflict with officially adopted plans or
goals.
Proposed Action will cause a change in the density of land use.
Proposed Action will replace or eliminate existing facilities,
structures or areas of histodc importance to the community.
Development will create a demand for additional community
services (e.g. schools, police and fire, etc.)
[] I'TIYes I-'1.o
[]
[]
[]
[]
[] []Yes []No
[] I--1~ [].o
[] DYes •No
[]
[]
[]
[]
[]
[] I-I~. ~.o
[] DYes []No
[] DYes ~.o
[] r-~yes ~]No
[] OYes •No
[] DYes •No
Page 19 of 21
Proposed Action will set an important precedent for future
projects.
Proposed Action will create or eliminate employment.
Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
[] r"l []Yes I-I.°
[] [] []Yes I"1.o
[] [] []Yes []No
20. Is there, or is there likely to be, public controversy related to potential
adverse environment impacts?
r~NO OYES
If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of
Impact, Proceed to Part 3
Page 20 of 21
Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may
be mitigated.
Insf~ucttons (If you need more space, attach additional sheets)
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by
project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is Important.
To answer the question of importance, consider:
! The probability of the impact occurring
! The duration of the impact
! Its irreversibility, including permanently lost resources of value
! Whether the impact can or will be controlled
! The regional consequence of the impact
! Its potential divergence from local needs and goals
! Whether known objections to the project relate to this impact.
Page 21of21
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN It. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To~
Town of Southold Town Board
Kieran Corcoran, Assistant Town Attomey
From: Mark Terry, Senior Environmental Planner
LWRP Coordinator
Date: September 5, 2006
Re~
A Local Law titled "A Local Law to amend the Zoning Map of the Town of Southold by
Changing the Zoning Designation of that portion of SCTM# 1000-9-8-2 presently zoned M-
II as well as SCTM# 1000-9-8-3.4 from M-II to R-40"
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department as well as the records available to me, it is my determination that
the proposed action is CONSISTENT with the below Policy Standards and therefore is
CONSISTENT with the LWRP.
10.6 Promote efficient harbor operation.
C.
Promote efficient harbor operation in the waters off Fishers Island
In response to the increasing congestion and competition for the use of the waters
and harbors of Fishers Island, the Town of Southold appointed the Fishers Island
Harbor Committee. Established in May 1994, they were charged with preparing a
harbor management plan for all the Town waters and harbors surrounding Fishers
Island. The Fishers Island Harbor Management Plan is included in the LWRP in
Section IV. On the recommendation of the Committee, the Town of Southold has
established the following guidelines for the harbor management of the waters
surrounding Fishers Island:
Ensure balance among existing use of the Island's surrounding waters and
harbors.
Protect and maintain the shoreline character, heritage, and existing quality
of life.
Promote and support access to the Island's surrounding waters and other
resoumes in the shoreline areas for all Island residents.
Provide for and regulate multiple uses of the Island's surrounding waters
and harbors in a manner that assures safe, orderly and optimum use of the
water and shorefront resources.
Maintain the chemical, physical and biological integrity of the Island's
surrounding waters and harbors and their dependent habitats
The proposed action will further protect and maintain the shoreline character and quality of life.
In addition, the proposed action supports the residential use immediately adjacent to the
property.
Pursuant to Chapter 95, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
August 7, 2006
THOMAS ISLES, AICP
DI RECTO R J~ ~-"1~ J~JJ~l~ B
Ms. Elizabeth Neville, Town Clerk
Town of Southold Planning Bd.
53095 Main Road - P.O. Box 1179
Southold, NY 11971
$outhojd Tc~;n Clerk
Applicant: Town of Southold
Zoning Action: Resolution #644-2006 Amend zomg Map M-Il &
R40
Public Hearing Date: 8/9/06
S.C.P.D. File No.: SD-06-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the above referenced application, which has been submitted, to the Suffolk County Planning Commission is
considered to be a matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an approval
or disapproval.
Very truly yours,
Thomas Isles, AICP ~ /
Dire~0jofPlan~g ~l~jl~'// /
Chief Planner
APF:cc
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
PUBLISHER'S CtRTIFICATE
State of Connecticut )
County of New London, ) ss. New London
RECEJ¥,~D
On this 3rd day of August, 2006,
Personally appeared before the undersigned, a
Notary Public within and for said County and
State, John Dolahan, Legal Advertising Clerk,
of DAY CLASSIFIED, a daily newspaper published
at New London, County of New London, State of
Connecticut, who being duly sworn, states on
oath, that the Order of Notice in the case of
LEGAL 343 PUBLIC HEARING
a true copy of which is hereunto annexed, was
published in said newspaper in its issue(s) of
08/03/2~ ~ -
Subscribed and sworn to before me
~/~of August, 2006
N"O~a ry
My commision expires (~)' ~.~ 0 ' ~'?~0~''
Town of Southold J
NOTICE OF PUBLIC HEARING
The prol~er~y ho$ been offered'for sole to the Tow~l ~f
Tho properly Is listed ~n the Town's Community Prese'r-
FURTHER NOTICE ~s hereby given thor er mom detoi.~e~
exe~nlne~by an,/infeT'~fed berson durlhg business hours.
, . Date~: J U LY 25, 2006
#7987
'" ~
STATE OF NEW YORK) ~
) SS:
COUNTY OF SUFFOLK) SG~ ~ ~;~, T~
Dina Mac Donald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Maitituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a pdnted
copy, has been regularly published in said Newspaper once each week for
1 week(s), successively, commencing on the 3rd day of AuRust ,
2006.
~rinci~ ~erk
2006Sworn to before me this (~ day of ~'~~
PLANNING BOARD MEMBERS
JERILY~ B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southo]d, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
RECEIV::D
/ /: /
To;
Supervisor Scott Russell
Members of the Town Board
Sout~.~l Tc;::n Cle~
From: Jerilyn B. Woodhouse, Chair
Members of the Planning Board
Date: August 8, 2006
Re:
Change of Zone Application
SCTM#: 1000-9-8-2 & 3.1
As requested, the Planning Board has reviewed the above-referenced change of zone
application for which a public hearing is scheduled for August 9, 2006.
The Planning Board recommends approval of the change of zone, based on the
following:
1. The rezoning of the subject properties is consistent with the zoning designation
of the parcels to the south, which are also zoned R-40.
2. The R-40 zoning designation will result in less intense land uses than what is
permitted in the M-II Zone.
3. The proposed change of zone will better protect the waterfront, including 2.4
acres of land immediately adjacent to the subject properties that are being
permanently protected through fee title by the Town of Southold.
If you have any questions or need additional information, please feel free to contact this
office.
Cc: Kieran Corcoran, Assistant Town Attorney
#7980
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Dina Mac Donald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 week(s), successively, commencing on the 27th .day of July ,
2006.
I~incipal Clerk
Sworn to before me this
2006
R',-CE, v,,-D
CHRISTINA VOUNSKI
NOTARY PUBLIC-STATE OF NEW YORK
No, 01-VO6105050
Qualified In Suffolk County
Commission Expires February 28, 2008
LEGAL NOTICE
NOTICE OF PUBLIC I~ARING
NOTICE IS ll~llEIy GIVEN that
pursuant to the requirements of NYS
Town Law and the Code of the Town
of Southold, Suffolk County, New York,
the Town Board of the Town of South-
old ' '
po~ed Local Law entitled "A Local Law
propof, ed rczo~ngs, if adopted, shall
~ng building on that site (1,296 ft.), as
ers Island,
Dated: July 25, 2006
Town Clerk
PUBLISHER'S C~RTI FI CATE
State of Connecticut )
County of New London, ) ss. New London
On this 27th day of July, 2006,
Personally appeared before the undersigned, a
Notary Public within and for said County and
State, John Dolahan, Legal Advertising Clerk,
of DAY CLASSIFIED, a daily newspaper published
at New London, County of New London, State of
Connecticut, who being duly sworn, states on
oath, that the Order of Notice in the case of
LEGAL 302 PUBLIC HEARING
a true copy of which is hereunto annexed, was
published in said newspaper in its issue(s) of
07/27/2006~~..
Subscribed ~nd sworn to before me
t~ July, 2006
Nb'~a r y Pu~
My commision expires
RECEIVED
AUG 2 2006
NOTICE i$ I'L~RI~I¥ GIV,
AUG 1 2006
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the requirements of NYS Town Law
and the Code of the Town of Southold, Suffolk County, New York, the Town Board
of the Town of Southold will hold a public hearing on a proposed Local Law
entitled "A Local Law to amend the Zoning Map of the Town of Southold by
Chan~ing the Zoning Designation of that portion of SCTM #1000-9-8-2
presently zoned as M-II~ as well as SCTM #1000-9-8-3.4~ from M-II to R-40" at
the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on
August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the
closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2
currently zoned as R-80, the filing of covenants and restrictions limiting the size of
any dwelling on the remaining unpreserved portion of that property to be rezoned to
the size of the footprint of the existing building on that site (1,296 ft.), as well as
limiting the building height to 28 feet with a deck permitted but limited to 10 feet by
35 feet, and with no detached accessory structures permitted. The rezonings shall
revert to their prior zoning classifications if the preservation conlxact closing does not
occur within two years of the enactment of this Local Law. The petitioner for this
request is the Town Board of the Town of Southold. The properties are
approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road
on Fishers Island.
Dated: July 25, 2006
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON JULY 27, 2006, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL,
PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times New London Day
Town Attorney Land Preservation
Town Board Members
Town Clerk's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the I day of (/~)~J,~ ,2006, she affixed a
0
notice of which the annexed printed notice is a tree copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Local Law in Regard to Zoning Map amendment, August 9, 2006, 1: 45 pm
OElizab~th A. Nev{,lle
Southold Town Clerk
Sworn beforejnxe this
~ dayof( (~,_~.,,.._~-- ,2006.
'~ ' -l~lotary Public
LYNDA M. BOHN
NOTA.~/' PUBLIC, ~t~e
No. 01B06020932
Oualified in Suffolk Courtly
Term Expire~ Mmch
Town of Southold -
Heeting of July 25, 2006
RESOLUTION 2006-644
ADOPTED
Item # 27
DOC ID: 2049
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-644 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 25, 2006:
WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by
the Land Preservation Committee with a plan to preserve 2.4+ acres of waterfront land on
Fishers Island in the R-80 zone identified as a portion of SCTM #1000-9-8-2; and
WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as
well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and
WHEREAS, in connection with this preservation opportunity it has been proposed that the
Town rezone the remaining portion of SCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from
M-II to R-40; and
WHEREAS, rezoning of the subject sites as residential is consistent with the existing and
surrounding uses of the properties and the neighborhood; and it is therefore
RESOLVED, that the Town Board of the Town of Southold is considering the change of zone
of the remaining portion of SCTM #1000-9-8-2 that is not to be preserved as well as SCTM
#1000-9-8-3.4 from M-II to R-40 on its own motion; and it is further
RESOLVED, that the Town Board of the Town of Southold requests the Planning Board to
prepare a report and recommendations on the proposed rezoning; and it is further
RESOLVED, that the Town Board authorizes the Supervisor to retain the services of L.K.
McLean Associates to perform a SEQRA review on the proposed zone changes; and it is further
Generated July 26, 2006 Page 34
Town of Southold - Letter~ll Bogd Meeting of July 25, 2006
RESOLVED, that the Town Clerk of the Town of Southold is directed to forward the matter to
the Suffolk County Planning Commission for review and recommendation; and it is further
RESOLVED, that pursuant to the requirements of NYS Town Law and the Code of the Town of
Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a
oublie hearin~ on a orooosed Local Law entitled "A Local Law to amend the Zoning Map
of the Town of Southold by Changing the Zoning Designation of that portion of SCTM
#1000-9-8-2 presently zoned as M-IL as well as SCTM #1000-9-8-3.4~ from M-II to R-40" at
the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on August 9,
2006. The proposed rezonings, if adopted, shall be conditioned upon the closing of the contract
pe~.xanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of
covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion
of that property to be rezoned to the size of the footprint of the existing building on that site
(1,296 fi.), as well as limiting the building height to 28 feet with a deck permitted but limited to
10 feet by 35 feet, and with no detached accessory structures permitted. The rezonings shall
revert to their prior zoning classifications if the preservation contract dosing does not occur
within two years of the enactment of this Local Law. The petitioner for this request is the Town
Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres,
respectively, and are located off of Reservoir Road on Fishers Island.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Wickham, Ross, Edwards, Russell, Krupski Jr.
ABSENT: Louisa P. Evans
Generated July 26, 2006 Page 35
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
August 2, 2006
Re: Resolution No. 644-2006 regarding
proposed Local Law in relation to the rezoning
on the Town Board's own motion of parcels
1000-9-8-2 & 1000-9-8-3.4 on Fishers Island.
Jerilyn B. Woodhouse, Chairman
Southold Town Planning Board
Southold Town Hall
Southold, New York 11971
Dear Ms. Woodhouse:
The Southold Town Board at their regular meeting held on July 25, 2006 adopted the
above resolution. Certified copy of same is enclosed, together with ail pertinent
documents relating to this proposed local law.
Please prepare an official report defining the Planning Board's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law has also been sent to the Suffolk County Planning Department for
their review. The date and time for the public heatings are 1:45 & 1:50 PM, Tuesday,
August 9, 2006 on Fishers Island. Should you have any questions, please do not hesitate
to contact me. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Board
Town Attorney
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
TO:
FROM:
RE:
DATE:
Elizabeth A. Neville, Town Clerk
Melissa Spiro, Land Preservation Coordinator
Open Space Fee Title Purchase
Property of FITF, LLC
SCTM# 1000-9-8-2, Fishers Island
&
Zone Change Application
p/o SCTM# 1000-9-8-2 and SCTM# 1000-9-8-3.4
August 2, 2006
The Southold Land Preservation Committee is undergoing the process to
acquire part of SCTM# 1000-9-8-2. The Town Board public hearing is
scheduled for August 9, 2006.
In addition, the Town Board has scheduled a public hearing to change the
MII portion of SCTM# 1000'9'8'2 to R-40 and to change the zoning
designation of the adjacent parcel (SCTM# 1000-9-8-3.4) from MII to R-40.
The Town Board public hearing for the change of zone is also scheduled for
August 9, 2006.
/
Please find the following information in regard to the above-mentioned
applications:
The total area of SCTM# 1000-9-8-2 is approximately 3.29± acres. The
lot is split zoned, with approximately 2.4± acres located within the Low
Density Residential (R-80) Zoning District and approximately 0.89~
acres located within the Marine II (MID Zoning District.
SCTM# 1000-9-8-2 contains upland, rocky beach, land within the
Coastal Erosion Hazard Line, tidal wetlands and an existing building
and dilapidated dock (both on the MII zoned area.)
The MII zoned property on SCTM# 1000-9'8'2 was used around 20
years ago as a fuel oil terminal and oil tanks were located on the
property. The tanks have been removed and reined,at,on to remove
contaminated soil is underway. The landowner has supplied the Land
Preservation Department with extensive environmental reports,
including a Phase II ESA. Please contact the Land Preservation
Department if you would like copies of this information.
The Town purchase for Open Space purposes on SCTM#1000-9-8-2
involves the 2.4± acre R-80 portion of the property. The Town's
acquisition will include all of the existing R'80 zoned property in
addition to any land shown on the survey as "cobble beach" that may
be located within the MII zoning district.
The landowner has accepted the Town's offer and has signed a contract
of sale (attached). Upon a Town Board resolution electing to purchase
the property, the Supervisor will be authorized to sign the contract,
resulting in a fully executed contract. The Contract is subject to and
contingent on several conditions, including, but not limited to
subdivision, ZBA variances, the re-zoning, and restrictions on the
future residential structure to be located on what is now the MII
portion of SCTM# 1000-9'8'2. The Rider is attached to the contract
and should be referred to in regard to the conditions of purchase.
The total area of SCTM # 9-8-3.4 is approximately 0.44 acres. There is
an existing residential structure on this property. This property is
involved in the zone change application only, and is not involved in the
Town's preservation purchase.
I have attached the following for informational purposes:
· Copy of the Contract and Rider described above
· Copy of a survey dated 5/15/06 for SCTM# 1000-9-8-2 (3 copies were
delivered to your office under separate cover)
· Copy of an aerial (2004) showing both properties and the zoning
designations (multiple copies attached for distribution purposes).
Please feel free to contact me if you have any questions or require any
additional information.
NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION.
This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Un]ess
different provision is made in this contract, Sections 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser
responsible for fire and casualty loss upon taking possession of the Premises before the title closing.
RESIDENTIAL CONTRACT OF SALE
Contract of Sale made as of July ,2006
BETWEEN
FITF, LLC
c/o Dixon Harvey
10-55 Red Run Blvd., Suite 130
Owings Mills, MD 21117
Social Security #
hereinafter called "SELLER"
and
TOWN OF SOUTHOLD, a municipal corporation of the State of New York
Address: 53095 Route 25, P.O. Box 1179, Southold, New York 11971, Social Security Number/Fed ID No(s): 11-
6001939
hereinafter called "PURCHASER"
The parties hereby agree as follows:
1. Premises. Seller shall sell and convey and Purchaser shall
purchase the property, together with all buildings and improvements
thereon (collectively the "Premises"), more fully described on a
separate page marked "Schedule A", annexed hereto and made a part
hereof and also known as:
Street Address: Reservoir Road, Fishers Island, New York
Tax Map Designation: 1000, Section 9, Block 8, P/O Lot 2
Approximately 2.4 acres (subject to verification by survey map)
Together with Seller's ownership and rights, if any, to land lying in
the bed of any street or highway, opened or proposed, adjoining the
Premises to the center line thereof, including any right of Seller to
any unpaid award by reason of any taking by condemnation and/or
for any damage to the Premises by reason of change of grade of any
street or highway. Seller shall deliver at no additional cost to
Purchaser at Closing (as hereinafter defined), or thereafter, on
demand, any documents that Purchaser may reasonably require for
the conveyance of such title and the assignment and collection of
such award or damages,
2. Personal Property. This sale also includes all fixtures and
articles of personal property now attached or appurtenant to the
Premises, unless specifically excluded below. Seller represents and
warrants that at Closing they will be paid for and owned by Seller,
free and clear of all liens and encumbrances, except any existing
mortgage to which this sale may be subject. Th:y
VACANT PROPERTY
3. Purchase Price. The purchase price is: $770,00.00
payable as follows:
(a) on the signing of this contract, by Purchaser's check payable to
the Escrowee (as hereinafter defined), subject to collection, the
receipt of which is hereby acknowledged, to be held in escrow
pursuant to paragraph 6 of this contract (the "Downpayment"):
$ 0
(b) by allowance for the principal amount unpaid on the existing
mortgage on the date hereof, payment of which Purchaser shall
assume by joinder in the deed: $ 0
(c) by a purchase money note and mortgage from Purchaser to
Seller: $ 0
(d) balance at Closing in accordance with paragraph 7:
$770,00.00
4, Acceptable Funds. All money payable under this contract, unless
otherwise specified, shall be paid by: (a) Cash, but not over $1,000.00;
(b) Good official check of the Town of Southold drawn on or
official check issued by any bank, savings bank, trust company or
savings and loan association having a banking office in the State of
New York, unendorsed and payable to the order of Seller, or as Seller
may otherwise direct upon not less than 3 business days notice (by
telephone or otherwise) to Purchaser;
(c) As to money other than the purchase price payable to Seller at
Closing, uncertffied check of Purchaser up to the amount of
$1,000.00; and
(d) As otherwise agreed to in writing by Seller or Seller's attorney.
5. Permitted Exceptions. The Premises are sold and shall be
conveyed subject to:
(a) Zoning and subdivision laws and regulations, and landmark,
historic or wetlands designation, provided that they are not violated
by the existing buildings and improvements erected on the property
or their use;
(b) Consents for the erection of any structures on, under or above
any streets on which the Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and cornices,
if any, upon any street or highway;
(d) Real estate taxes that are a lien, but are not yet due and
payable; and
(e) The other matters, if any, including a survey exception, set
forth in a Rider attached.
6. Governmental Violations and Orders. (a) Seller shall comply
with all notes or notices of violations &law or municipal ordina, ces,
orders or requirements noted or issued as of the date of closing by
any governmental department having authority as to lands, housing,
buildings, fire, health, environmental and labor conditions affecting
the Prerrfises. The Premises shall be conveyed free of them at
Closing. Seller shall furnish Purchaser with any authorizations
necessary to make the searches that could disclose these matters.
/~.~ ~r,~_.~ .'r ...... ~.'~x ^. beg
Lnsun'.sd pr!ct ts Closlng and gayaS]e in msncy sha!l be discka;'gcd
7. Seller's Representations. (a) Seller represents and warrants to
Purchaser that:
(i) The Premises abut or have a right of access to a pablic road;
(ii) Seller is the sole owner of the Premises and has the full right,
power and authority to sell, convey and transfer the same in
accordance with the terms &this contract;
(iii) Seller is not a "foreign person", as that term is defined for
purposes of the Foreign Investment in Real Property Tax Act,
Internal Revenue Code ("IRC") Section 1445, as amended, and the
regulations promulgated thereunder (coIlectively "FIRPTA');
'(iv) The Premises are not affected'b'~ any exemptions or
abatements of taxes; and
(v) Seller has been known by no other name for the past ten
years, except
(b) Seller covenants and warrants that all of the representations and
warranties set forth in this contract shall be true and correct at
Closing.
(c) Except as otherwise expressly set forth in this contract, none of
Seller's covenants, representations, warranties or other obligations
contained in this contract shall survive Closing.
8. Condition of Property. Purchaser acknowledges and represents
that Purchaser is fully aware of the physical condition and state of
repair of the Premises and of all other properly included in this sale,
based on Purchaser's own inspection and investigation thereof, and
that Purchaser is entering into this contract based solely upon such
inspection and investigation and not upon any information, data,
statements or representations, written or oral, as to the physical
condition, state of repair, uae, cost of operation or any other matter
related to the Premises or the other property included in the sale,
given or made by Seller or his representatives, and shall accept the
same "as is" in their present condition and state of repair, subject to
reasonable use, wear, tear and natural deterioration, between the date
hereof and the date of Closing r ....... :z ~'~'~"~ ..... c~..~, in
r. aragra~ ! S(~), without any reduction in the purchase price or claim
of any kind for any change in such condition by reason thereof
subsequent to the date of this contract. Purchaser and its authorized
representatives shall have the right, at reasonable times and upon
reasonable notice (by telephone or otherwise) to Seller, to inspect the
Premises before Closing.
9. Insurable Title. Seller shall give and Purchaser shall accept such
title as any reputable title company licensed to do business in the
State of New York shall be willing to approve and insure in
accordance with its standard form of title policy approved by the
New York State Insurance Department, subject only to the matters
provided for in this contract.
10. Closing, Deed and Title. (a) "Closing" means the settlement of
the obligations of Seller and Purchaser to each other under this
contract, including the payment of the purchase price to Seller, and
the delivery to Purchaser of a Bargain and Sale Deed with Covenants
Against Grantor's Acts in proper statutory short form for record, duly
executed and acknowledged, so as to convey to Purchaser fee simple
title to the Premises, free of all encumbrances, except as otherwise
herein stated. The deed shall contain a covenant by Seller as required
by subd. 5 of Section 13 of the Lien Law.
11. Closing Date and Place. Closing shall take place at the office of
Land Preservation, Town of Southold, North Fork Bank annex
office, Southold, New York at ~' o'clock on or .aJi~vcla~tala.'~*l~{-~O
200d57or upon reasonable notice (by telephone or otherwise) by
Purchaser,
12. Conditions to Closing. This contract and Purchaser's obligation
to purchase the Premises are also subject to and conditioned upon the
fulfillment of the following conditions precedent:
(a) Public Hearing held by the Southold Town Board pursuant to
Chapter 6 of Town Code and Section 247 of the General Municipal
Law regarding acquisition of said property
(b) Resolution authorizing the Town of Southo]d to acquire said
property
(c) The accuracy, as of the date of Closing, of the representations
and warranties of Seller made in this contract;
(d) The delivery by Seller to Purchaser of a valid and subsisting
Certificate of Occupancy or other required certificate of compliance,
or evidence that none was required, covering the building(s) and all
of the other improvements located on the property authorizing their
use as a family dwelling at the date of Closing.
(e) The delivery by Seller to Purchaser of a certification stating that
Seller is not a foreign person; which certification shall be in the form
then required by FIRPTA. If Seller fail to deliver the aforesaid
certification or if Purchaser is not entitled under FIRPTA to rely on
such certification, Pumhaser shall deduct and withhold from the
purchase price a sum equal to 10% thereof (or any lesser amount
permitted by law) and shall at Closing remit the withheld amount
with the required forms to the Internal Revenue Service.
(f) The delivery of the Premises and all building(s) and
improvements comprising a part thereof in broom clean condition,
vacant and free of leases or tenancies, together with keys to the
Premises,
(g) All plumbing (including water supply and septic systems, if
any), heating and air conditioning, if any, electrical and mechanical
systems, equipment and machinery in the building(s) located on the
property and all appliances which are included in this sale being in
working order as of the date of Closing,
(h) If the Premises are a one or two family house, delivery by the
parties at Closing of affidavits in compliance with state and local law
requirements to the effect that there is installed in the Premises a
smoke detecting alarm device or devices.
(i) The delivery by the parties of any other affidavits required as a
condition of recording the deed.
13. Deed Transfer and Recording Taxes. At Closing, certified or
official bank checks payable to the order of the appropriate State,
City or County officer in the amount of any applicable transfer and/or
recording tax payable by reason of the delivery or recording of the
deed or mortgage, if any, shall be delivered by the party required by
law or by this contract to pay such transfer and/or recording tax,
together with any required tax returns duly executed and sworn to,
and such party shall cause any such checks and returns to be
delivered to the appropriate officer promptly after Closing. The
obligation to pay any additional tax or deficiency and any interest or
penalties thereon shall survive Closing.
14. Apportionments and Other Adjustments; Water Meter and
Installment Assessments. (a) To the extent applicable, the
following shall be apportioned as of midnight of the day before the
day of Closing:
(i) taxes, water :~argc:. an~ sewer rent.% on the basis of the lien
(b) If Closing shall occur before a new tax rate is fixed, the
apportionment of taxes shall be upon the basis of the tax rate for the
immediately preceding fiscal period applied to the latest assessed
valuation.
(c) If there is a water meter on the Premises, Seller shall furnish a
reading to a date not more than 30 days before Closing and the
unfixed meter charge and sewer rent, if any, shall be apportioned on
the basis of such last reading.
(d) If at the date of Closing the Premises are affected by an
assessment which is or may become payable in annual installments,
and the first installment is then a lien, or has been paid, then for the
purposes of this contract all the unpaid installments shall be
considered due and shall be paid by Seller at or prior to Closing.
(e) Any errors or omissions in computing apportionments or other
adjustments at Closing shall be corrected within a reasonable time
following Closing. This subparagraph shall survive Closing.
15. Allowance for Unpaid Taxes, etc. Seller has the option to
credit Pumhaser as an adjustment to the purchase price with the
amount of any unpaid taxes, assessments, water charges and sewer
rents, together with any interest and penalties thereon to a date not
less than five business days after Closing, provided that official bills
therefor computed to said date are produced at Closing.
16. Use of Purchase Price to Remove Encumbrances. If at
Closing there are other liens or encumbrances that Seller is obligated
to pay or discharge, Seller may use any portion of the cash balance of
the purchase price to pay or discharge them, provided Seller shall
simultaneously deliver to Purchaser at Closing instruments in
recordable form and sufficient to satisfy such liens or encumbrances
of record, together with the cost of recording or filing said
instruments. As an alternative Seller may deposit sufficient monies
with the title insurance company employed by Purchaser acceptable
to and required by it to assure their discharge, but only if the title
insurance company will insure Purchaser's title clear of the matters or
insure against their enforcement out of the Premises and will insure
Purchaser's Institutional Lender clear of such matters. Upon not,ce
(by telephone or otherwise), given not less than 3 business days
before Closing, Purchaser shall provide separate certified or official
bank checks as requested to assist in clearing up these matters.
17. Title Examination; Seller's Inability to Convey; Limitations
of Liability. (a) Purchaser shall order an examination of title in
respect of the Premises from a title company licensed or authorized to
issue title insurance by the New York State Insurance Department or
any agent for such title company promptly after the execution of this
contract or, if this contract is subject to the mortgage contingency set
forth in paragraph 8, after a mortgage commitment has been accepted
by Purchaser. Purchaser shall cause a copy of the title report and of
any additions thereto to be delivered to the attorney(s) for Seller
promptly after receipt thereof.
(b) (i) If at the date of Closing Seller is unable to transfer title to
Purchaser in accordance with this contract, or Purchaser has other
valid grounds for refusing to close, whether by reason of liens,
encumbrances or other objections to title or otherwise (herein
collectively called "Defects"), other than those subject to which
Purchaser is obligated to accept title hereunder or which Purchaser
may have waived and other than those Seller has herein
expressly agreed to remove, remedy or discharge and if Purchaser
shall be unwilling to waive the same and to close title without
abatement of the purchase price, then, except as hereinafier set forth,
Seller shall have the right, at Seller's sole election, either to take such
action as Seller may deem advisable to remove, remedy, discharge or
comply with such Defects or to cancel this contract; (ii) if Seller
elects to take action to remove, remedy to comply with such Defects,
Seller shall be entitled fi.om time to time, upon Notice to Purchaser,
to adjourn the date for Closing hereunder for a period or periods not
exceeding 60 days in the aggregate (but not extending beyond the
date upon which Purchaser's mortgage commitment, if any, shall
expire), and the date for Closing shall be adjourned to a date
specified by Seller not beyond such period. If for any reason
whatsoever, Seller shall not have succeeded in removing, remedying
or complying with such Defects at the expiration of such
adjournment(s), and if Purchaser shall still be unwilling to waive the
same and to close title without abatement of the purchase price, then
either party may cancel this contract by Notice to the other given
within 10 days after such adjourned date; (iii) notwithstanding the
foregoing, the existing mortgage (unless this sale is subject to the
same) and any inatter created by Seller after the date hereof shall be
released, discharged or otherwise cured by Seller at or prior to
Closing.
(c) If this contract is canceled pursuant to its terms, other than as a
result of Pumhaser's default, this contract shall terminate and come to
an end, and neither party shall have any further rights, obligations or
liabilities against or to the other hereunder or otherwise, except that:
(i) Seller shall promptly refund or cause the Escrowee to refund the
Downpayment to Purchaser and to reimburse Purchaser for the net
cost of examination of title, including any appropriate additional
charges related thereto, and the net cost, if actually paid or incurred
by Purchaser, for updating the existing survey of the Premises or of a
new survey, and (ii) the obligations under paragraph 23, if applicable,
shall survive the termination of this contract.
18. Affidavit as to Judgments, Bankruptcies, etc. If a title
examination discloses judgments, bankruptcies or other returns
against persons having names the same as or similar to that of Seller,
Seller shall deliver an affidavit at Closing showing that they are not
against Seller.
19. Defaults and Remedies.. (a) IfPurohaser defaults hereunder,
Seller shall have such remedies as Seller shall be entitled to at law or
in equity, including, but not limited to, specific performance.
(b) If Seller defaults hereunder, Pumhaser shall have such remedies
as Pumhaser shall be entitled to at law or in equity, including, but not
limited to, specific performance.
20. Purchaser's Lien. All money paid on account of this contract,
and the reasonable expenses of examination of title to the Premises
and of any survey and survey inspection charges, are hereby made
liens on the Premises, but such liens shall not continue after default
by Purchaser under this contract.
21. Notices. Any notice or other communication ("Notice") shall be
in writing and either (a) sent by either of the parties hereto or by their
respective attorneys who are hereby authorized to do so on their
behalf or by the Escrowee, by registered or certified mail, postage
prepaid, or;
(b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for
the party and the Escrowee, to whom the Notice is to be given, or to
such other address as such party or Escrowee shall hereafter
designate by Notice given to the other party or parties and the
Escrowee pursuant to this paragraph. Each Notice mailed shall be
deemed given on the third business day following the date of reading
the same, except that any notice to Escrowee shall be deemed given
only upon receipt by Escrowee and each Notice delivered in person
or by overnight courier shall be deemed given when delivered.
22. Assignment. This contract may not be assigned by Purchaser to
any other party without the prior written consent of Seller in each
instance and any purported assignment(s) made without such consent
shall be void.
23. Broker.. Seller and Purchaser each represents and warrants to
the other that it has not dealt with any broker in connection with this
sale. Seller and Pumhasar agree to indemnify and hold each other
harmless from and against any claim, judgment, liability, cost and
expense (including without limitation, reasonable attorneys' fees and
disbursements) arising out of the bmazh on their respective parts of
any representation or agreement contained in this paragraph. The
aforementioned warranties, representations, indemnifications and
hold harmless shall survive the Closing. The parties agree that the
foregoing provisions of this paragraph are not intended to create any
third party beneficiary rights in and to this Contract.
·
hereinafter defined) have been released, discharged, treated, stored or
disposed of, or otherwise deposited in or on, or migrated to, the
Premises, including without limitation of the generality of the
foregoing, the surface waters and subsurface waters of the Promises;
(ii) there are no substances or conditions (including asbestos or
asbestos-containing materials) in or on the Premises or any other
parcels of and which may materially adversely affect the Premises or
use thereof of which would be roasonably likely to support a claim or
cause of action under any existing federal, state or local
environmental statute, regulation, ordinance or other environmental
regulatory requirement (hereinafter collective called "Applicable
Environmental Laws"), including, without limitation, the
Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA"), as amended 42 U.S.C. §§6901, et seq.,
the Resource Conservation and Recovery Act CRCRA"), as
amended42 U.S.C. §§690l, et seq., and 6 NYCRR Part 360 of New
York State, which terms shall also include, whether or not included in
the definitions contained in Applicable Environmental Laws,
petroleum, solvents, or polychlorinated biphanyls; (iii) there are no
above ground or underground storage tanks or containers at the
Premises; (iv) there are no liens under Applicable Environmental
Laws affecting the Premises and no government actions have been
taken or, to the knowledge of Seller, are in process, which could
subject any portion of the Premises to such liens; and (v) there are no
citations or summons served upon the Seller with respect to and there
has been no activity that would give rise to, any release, discharge or
deposit, on the Premises that is the subject of this Contract of Sale, of
a Hazardous Substance. As used herein, "Hazardous Substances"
shall mean any hazardous materials, hazardous waste, hazardous and
toxic substances, pollutants, contaminants, debris and other solid
wastes as those terms are defined by any Applicable Environmental
Laws. For purposes of this paragraph 24, Hazardous Substances shall
not include (y) substances used by Seller in the ordinary maintenance
of the Premises, provided such use is in the ordinary course of
Seller's maintenance, and (z) petroleum released in demonstrate
minimis amounts and typically associated with the use of portions of
the Premises for driving and parking motor vehicles. The
representations and the provisions of this paragraph shall not survive
CLOSING. This Agreement shall be interpreted and enforced in
accordance with the laws of the State of New York. If any
provision(s) of this Agreement shall be unforceable or invalid, the
same shall not affect the remaining provisions of this Agreement and
to this end the provisions of this Agreement are intended to be and
shall be severable.
25. Clean-Up Contingency. The Purchaser's representatives shall,
within ten (10) days of full execution of this Contract, inspect the
Premises to determine the existence of any Hazardous Substances (as
defined in Paragraph 24 above) and any unacceptable materials,
including, inter alia, storage tanks or containers that are required to
be removed prior to Closing consistent with the representations in
paragraph 24 of this Contract. The results of said inspection shall be
set forth in a memorandum from the Town's Environment Division or
private contractor and forwarded to the Seller and Seller's attomey~
Prior to closing, Seller shall remove all Hazardous Substances and
any unacceptable materials identified in the report and said to exist
on the Premises. The removal of these items shall be completed to
the satisfaction of the office of the Land Preservation prior to closing.
26. Survey. Purchaser agrees not later than seven (7) days after the
date of this Contract to order a survey af the premises to be prepared
by a surveyor licensed by the State of New York and to direct the
surveyor to forward copies of the survey and survey reading, as well
as all related notices, to the Seller's attorney and the title company.
Said survey shall be at the cost of the Purchaser.
27. IRS W-9 Form. Seller agrees to execute and deliver to
Purchaser's a~orney an IRS Form W-9 at least twenty (20) days prior
to closing of title so that the Town Comptroller's Office may obtain
and disburse necessary funds to the Land Preservation office. Seller
acknowledges that a delay in the delivery of the W-9 Form will result
in the delay of the scheduled Closing date.
28. Public Disclosure Statement. Seller shall, within ten (10) days
of the execution of this Contract, deliver the required verified public
disclosure statement for filing with the Town Fiscal Officer. At the
time of Closing, the Seller shall submit a then applicable statement or
a sworn statement that there have been no changes in interest since
the date of this Contract. Any evidence of a conflict of interest or
prohibited contractual relationship shall require approval of the
Contract and sale by the Supreme Court of the State of New York.
29. Delivery of Deed. The acceptance of a Deed by the Purchaser
shall be deemed to be full performance in discharge of every
agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this agreement, except those, if any,
which are herein specifically stated to survive the Closing.
24. Environmental Representations. Seller represents that to the 30. Acknowledgement of Charitable Contribution. The Purchaser
best of Seller's knowledge: (i) No Hazardous Substances (as acknowledges that the Seller may take a charitable contribution of the
Oift~rence between the fair market value o~[~rl~e Premises as may be
established by the Seller's appraisal and the purchase price to be paid
by the Purchaser pursuant to this Agreement. Accordingly, if
requested by Seller, the Purchaser shall execute Internal Revenue
Service Form 8283 at Closing and any other documents required by
the Internal Revenue Service in conjunction with Seller's claim for a
charitable contribution. This acknowledgement does not represent
and shall not be construed as concurrence by the Purchaser of the
clainted fair ma,'ket vakle.
31. Miscellaneous. (a) Ali prior understandings, agreements,
representations and warranties, oral or written, between Seller and
Purchaser are merged in this contract; it completely expresses their
full agreen~ent and has been entered into after full investigation,
neither party ~elying upon any statement made by anyone else that is
not set forth in this contract.
(b) Neitber this contract nor any provision thereof may be waived,
changed or canceled except in writing. This contract shall also apply
to and bind the heirs, distributees, legal representatives, successors
and permitted assigns of the respective parties. The parties hereby
authorize their respective attorneys to agree m writing to any changes
in dates and time periods provided for in this contract.
(c) Any singular word or tem~ herein shall also be read as in the
plural and the neuter shall include the masculine and feminine
gender, wb.ether the sense of this contract may require it.
(d) The this contract are for convenience ofrefe~encc
only and in no way define, limit or describe the scope of this contract
and shall not be considered in the interpretation of this contract o~
any provision hereof.
(e) This corm'act sball not be binding or effective until duly
executed and delivered by Seller and Purchaser
(r") Seller and Purchaser shall comply with IRC ~epmtmg
requirements, if applicable. This subparagn'apb shall survive Closing
(g) Each party shall, at any time and from time to time, execute,
aclmowledge where appropriate and deliver such further instruments
and documents and take such other action as may be reasonably
requested by the other in order to carry out the intent and purpose of
this contract This subparagraph shall survive Closing.
(h) This contract ~s intended for the exclusive benefit of the partms
hereto and, except as otherwise expressly provided herein, shall
be for the benefit of, and shall not create any rights in, ct be
enforceable by, any other person or entity.
32. The Purchaser hereby acknowledges that it may be the intent of
the Seller to structure its sale as a tax deferred excbange under lRC
§1031. Seller covenants that this will not delay tine close of the
subject transaction nor cause tbe Purchaser any additional expenses
The Seller's rights under the purchase and sale agreement may be
assigned to a Qualified Intermediary for IRC §1031 Tax Defi:rrecl
Exchanges. Buyer agrees to cooperate with the Seller a~nd tine
Qualified Intermediary to complete the exchange.
* 25. (Continued)In the event that hazardous substances (as defined in paragraph 24 hereof), are
found, seller shall have the right to terminate the contract. If seller elects to proceed with the
contract, then prior to closing ......
I~ WITNESS WHEREOF, this~tract has been duly executed by the parties~ereto.
Seller: FITF, LLC.
Purchaser: TOWN OF SOUTHOLD
By:
SCOTT A. RUSSELL
Town Supervisor
Attorney for Seller:
Attorney for Purchaser:
MARY C, WILSON, ESQ.
Address:
Address: P.O. Box 729
Quogue, New York 11959
Tel.: 631-653-1443
Contract of Sale
TITLE NO.
Section
Block
Lot
PREMISES
FITF, LLC
TO
County or Town Suffolk, Southold
Street Number Address:
TOWN OF SOUTHOLD
RIDER TO CONTRACT
PARTIES: FITC,LLC ("SELLER")
Town of Southold ("BUYER')
PREMISES: Reservoire Road, Fishers Island, New York
Re: Open Space Purchase- Dixon Harvey
1000-9-8-2
The Contract is made subject to and contingent on the following:
Subdivision of the MII zoned parcel from the R-80 zoned parcel.
The R-80 parcel shall be preserved in perpetuity pursuant to the
Town of Southold open space preservation program.
A re-zoning by the Town Board, by their own motion, of the seller's
reserved MII parcel from MII to r-40.
The seller's reserved parcel (MII to r-40) shall be a developed with a
single family d~velling which foot print of living area on first floor
does not exceed 1,296 square feet, the square footage of the existing
structure.
The grant of area variance(s) from the Southold Town Zoning Board
of Appeals, which authorize the Planning board to approve a
nonconforming r-40 parcel for single family dwelling residential use.
The grant of a subdivision and development permits from the
Department of Environmental Conservation and Suffolk County
Department of Health Services.
6. The grant of development permits from the Southold Town Trustees.
The seller shall record Covenants & Restrictions on the retained
parcel which set forth the following:
The proposed residential structure on the parcel may be located at
owner's sole discretion. The owner shall seek such variances and
such regulatory permits either simultaneous with the subdivision
application or at a later date, which authorize the placement of a two
story single family dwelling on the subject property.
The height of the two story dwelling shall be limited to 28 feet to the
peek.
The size of the two story single family dwelling shall be limited to the
following: The foot print of living area on first floor will not exceed
1,296 square feet. Prior to construction of said residential structure
the existing 1,296 square foot commercial structure will be
demolished unless used as part of the single family dwelling. The
owner may construct an attached open covered porch to the 1,296
square foot first floor, however the porch shall not exceed 10' x 35'.
The square footage of the second floor shall be reduced by the square
footage applied to the covered porch.
Do
The existing dock may be reconstructed and altered in accordance
svith regulatory permits. Said dock is limited to 4 private residential
slips. The Dock will not be used for commercial purposes.
No detached accessory structures are permitted on the subject
property, except as may be a attached and part of the total
permissible square footage of 1,296 square feet.
RIDER TO CONTRACT OF SALE
BETWEEN FITF, LLC
THE TOWN OF SOUTHOLD
33. In the event of any inconsistencies between the terms and provisions of this Rider and
the terms and provisions of the Contract of Sale, the terms and provisions of this Rider
shall prevail.
34. This contract of sale is subject to the subdivision of the MII zoned portion of the
subject real property from the R-80 zoned portion of said property.
35. That portion of the subject property that is currently zoned MIl shall be developed
with a two story single family dwelling unit and shall be subject to the covenants and
restrictions set forth in the Patricia Moore, Esq. letter to the Town of Southold dated June
21, 2006 attached and incorporated herein.
36.This contract of sale is subject to Sellers obtaining any and all necessary change of
zone(s) and/or area variance(s) in relation to the development of the residual property for
a single family residential dwelling unit.
Sellrg~r~I~[F~ L~C Purchaser:
By' ~-.~3J~ 14~''~ - By.
SCOTT A. RUSSEL
Town Supe~isor
SCHEDULE A
FISHERS ISLAND SOUND
pREM]
SILVER EEL COVE
JANE I
CHARIJ
SCHEDULE A
QUAU3'Y CONTROL CERTIFICATION
GROUP
CML
FISHERS ISLAND
~N C(~CRETE SCHOOL DISTRICT
~.,LSED D.o~s
I ' / '
~ ~ ~ D~mMINED ~ ~DEC 6/18/01
AS DETERMINED BY NYSDEC 6/1§/0~N
APPROX. COASTAL EROSION HAZARD LINE
PER COASTAL EROSION HAZARD AREA MAP
TOWN OF SOUTHOLD; SUFFOLK COUNTY
mr.--
SHEET 49-FI OF 49; 8/29/88
FILE I
SILVER
EEL COVE
~- lrll-l~ T.T~'. \ / GEODETIC SURVEY TRIANGULATION STATION "PROS"
COBBLEBEACH
~~ / ~ 5.) SITE IS IN THE TOWN OF ~HOLO. COU~ OF SUFFOLK TAX MAP
~A~ MAR~ P, LITCH / 6.) ~ OWNED BY ~TF, LLC = 3.JO~ ACRES.
~0NE LOT 3.4 ,, N/F
N/F ~IAM H. WOOD. JR.
CHAR~S CUR~S
N/F
JANET H. HARVEY ac \
R. DIXON H. HARVEY, JR. ~'
/N/F
WILLIAM WOOD
N/F N~ ~ FORMERLY
N.,~F SF SDUn~E F~r - "" DATE:
HIRAM F. ,MOODY I11
\ SCALE:
\
40 20 0 40
GRAPHIC SCALE IN FEET
05/15/2006
1" - 40'
SHEET
1 OF 1