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HomeMy WebLinkAbout1000-9.-2-6.2 THIS LOT I.INAANGE BETWEEN AND IS LOCATED ON SCTM# 1000- ^----- L—__.__—__ LOT LINE CHANGE Co�m+pel�eteypp 'cation rd� ,C fed iL,�q�r ✓tbp m,L Application t"eviewed at work session ?/Iq/bl re° oK ro. o- Applicant advised of necessary revisions 4E ; Revised submission received pro. 07K Lead Agency Coordination .nrna�l SEQRA determination "lot Lew, def- � Sent to County Planning Commission �__f°0L oK a 0K Review of SCPC report J ';' � � Draft Covenants and Restrictions received ®� gDraft Covenants and Restrict' d Filed Covenants and Re ictions receive Final Public Hear' t/ p VJd /d 6 roval of Lot -WIn itions 1 I Endorsement of Lot Line ms 1/l/90 r a Island Health Project, Inc. P.O. Box 344 Fishers Island,NY 06390 631-788-7244 January 24, 2001 The board of the Island Health Project, Incorporated unanimously supports the efforts to construct a modern healthcare facility on Fishers Island,New York. They join in all applications before the boards of the town of Southold. They consent to a merger of the Civic Association property (Lot 8)with the Island Health Project, Inc. property (Lot 6.2) to construct a new facility connected to the existing building. Respectfully, f , ' pm &�PL Suzanne W. Parsons Co-Chair, Island Health Project, Inc. Fishers Island Civic Association Fishers Island, New York 06390 Southold Town Zoning Board of Appeals Gerard Goehringer, Chairman Southold Town Planning Board February 5, 2001 Bennett Orlowski, Jr. Chairman Southold Town Hall 53095 Main Road Southold, N. Y. 11971 Dear Chairmen and Board Members: We are the Co-Presidents of the Fishers Island Civic Association, which is the owner of property located on Crescent Avenue, Fishers Island (Suffolk County Tax Map #1000-9-2-8), adjacent to the Island Health Project parcel. Our property is presently used as the Island Health Project medical clinic. We support the Island Health Project in their efforts to construct a modern health care facility on the island, which will to our community new medical tools and facilities, ambulance access, and which will comply with The Americans with Disabilities Act. We join in all applications before your Boards and consent to a merger of the two parcels, if necessary, in order to construct a health care facility which connects to the existing building. Pursuant to a resolution adopted unanimously at our Board Meeting on January 201", we authorize Patricia C. Moore, Esq. To represent us and amend any applications as may be needed, to include The Fishers Island Civic Association as the owner/applicant. Thank you for your support and efforts in providing a much-needed facility to our community. Very truly yours, John S. W. Spofford Albert Stickney, III PMN sQ�a�D T O , 50U ;Ii LD J� ja 'I,� Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes , please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No� (Attached is a list of the wetland grasses defined - by the Town Code, Chapter 97 , for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes (Nom 3 . Are there any building permits pending on thisarcel? Yes p — Nere� cv- ��t��,e�u�- � ) No ' 4. Are there any other applications pending concerning this property before any other de artment or agency? (Town , State, County, etc. ) Yes No jCccYMa/�Z�r�,nC� 5 . Is there any application pending before any other agency with regard to a different project on this parcel? Yes Nom 6 . Was this property the subject of any prior application to the Planning Board? Yes No 7 . Does this property have a valid certificate of occupancy, if yes please submit .a copy of same Yes Not P)KC - L—X15iiNf 5MICMAc=C - Hf.4-t-Tn CI-IN C I certify that the above statements are true and will be relied on by the' P1 Zing Board in considering this application. Signa-ttrfe of property owner or authoize� date Attachment to questionnaire for the Planning Board LI nn EigLANV, ro\IDERCE STATE OF //MEW--YeR-K, COUNTY OF �� ss : On the if day' of C/cT6L, r l before me personally came Su z AK N C WA A ASO � S to me known to be the individual described in and who executed the foregoing .instrument, and acknowledged that 73 e executed the same. Notary/ Public —4 13 i �� _ o TOWN OF SOUTHOLD PROPERTY RECORD CARV OWNER___ m STREET V I LLAGE "J DIST.; SUB. LOT --- FORMER OWNER N EAC i� 1 t �, >; � ,32 S W Moa T4uh TYPE OF BUILDING RES. SEAS. VL. FARM Cv A COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS `E6O � R 5Qd Z7�Zmo3, +j _ i I i AGE 1 BUILDING CONDITION -- -- NEW NORMAL BELOW ABOVE FARM Acre Value Per Value ----- Acre Tillable Woodland FRONTAGE ON WATER FRONTAGE ON ROAD Meadowland 12Z DEPTH House Plot _— BULKHEAD Total - - — DOCK �U✓ ( �_ Z _ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT 'FORMER OWNER N� n� % E ACR;� S W TYPE OF BUILDING MOIV %g0K I Sfcrt.,.1'1 RES. S. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r r' i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK ;fHANsAc'r1ONA1. APPLICN'DISCLOSURE PORH The 'Town of Southold ' s Code of Ebhles_prohibits confl_lcts of Interest oil the UarL of__towu officers and employees. The purpose of this form is to provide information which can _alert the town of_vosslble conflicts of interest and allow it to take wha tever. acci_on Ls necessary Lo avoid same._ YOUR NAME: j/: ?r.50.OS )51,717d 6oYea117 �P('�� (Last name, first name, middle initial, unless you are applyinq in the name of someone else or other entity , such as a company . If so, ind lea to the other person 's or company 's name. ) NATURE OR APPLICATION: (Check al.lthat apply . ) 'rax grievance Variance Change of zone Approval of plat ✓ Exemption fromplat or official map Other ✓ 7�� ( If "Other, " name the activity. ) 5 ecya L -I xce1)770?--? —7 Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? -Relationship- includes by blood, marriage, or business interest. "Business Interest- means a business, including a partnership. In which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO ✓/ If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) i A) the owner of greater than 5% of the shares of the corporate stock of His applicant (when the applicant is a corporation) ; B) the legal or beneficial owner of any interest in a noncorpora Le entity (when the applicant Is not a corporation) ; C) an officer, director, pirtner, or employee of Lhe applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP /�, Zeno l(J Submitted this day of I-"— SignaLure � (11 Int namel � , �� �u 0A _n uu i APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: L 01-- Z /nG Oh QD y E' The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) _// /q by r,Qag"t �lP / czncL rj5/rPr, =Is/crn</ Cj V,G 95sr>crcr7�on - 2. The nameofthe subdivision is to be . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. .c .... . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 7 3i e./55 =' r;.• 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: /y/eryG //otL,nc/ �ryf�yhPy Liber ,?3 �/y. .. .. .. .. . . . . . Page . . :3�. . . . . . . .. . . . . . . On �/ . .. . . . . . . . . . . . . . . . . , �Q Liber . .J,.�� . . .. . . . . ... . .. . Page . .`. ... . .. . . . . . . . . .. .. . On . .�/L�l . .. ..�. . . . . . ; Liber . . . . . . . .. . . .. .. .. .. . . . . . Page . .. .. . . . . .. . . . . . .. . . . . On . . ... .. .. . . . . .. . . . . . . . . ; Liber . . . . . . . . . . . .. . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . .. .. . On . .. . . . . . . .. . . . . . . . . . . . . ; Liber . . . .. .. .. . . .. . .. . ....... Page . .. . . . . . . . . . . . . . . .. . . . On . . . .. .. . . . . . . .. . . . . . . . . ; as devised under the Last Will and Testament of . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . oras distributee . .. .. .. .. .. .. . . .. . ...... .. . . . . . . . . . . .. . . . . . . . . .. .. . . .. .. .. . . . . . .. . . . . .. . . . . . .. . . .. .. .. .. . . .. .. .. ... . .. ........ ............ . . . . . . . . . . . . . . . . . . . . . . . ..... . . .. . .. . .. . .. . . . . . . . . I G;r i, -2 /c, ss>c, 5. The area of the land is . . . . . !. .. .. . . .. .. . acres. /Z�.S(✓S 6. All taxes which are liens on the land at the date hereof have been paid except . .. .. . . . . . . . . . . . . . . . . .. .. .. .. . . .. . ... . . .. ... .. . . . . .. . . . . . . . . . . . .... . . . . . .. . . . . . . . . . . .. . . . . . . .. . . .. . .. . .. . . . . 7. The land is encumbered by . . . .. ... eV�?Iv-g�. . . .. . . .. . . . . . . . . . . . . . . .. . . . . . . .. . . . ... . . ... . mortgage (s) as follows: (a) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . . in original amount of $. . . .. . . . . . . . . . unpaid amount $ . . . . . . . . . . . '. . . . . . . . . held by . .. .. . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . address . .. .. . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . . . . . .. . . Page . . . . . . . . . .. .. . . . . . . . .. . in original amount of . . . .. . . . . . . . . . unpaid amount $. .. .. . . . . . . . . . . . . .. . . . held by . .. .. . . . . . . . . . . .. . . . . . . . . . . .. .. . . . . . address . . . .. . . .. .. . .. . . . . . . . . . . . . . . . .. .. . . .. . . . . . . .. . . . . ... .. . . . .. . ... G (C) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . in original amount Of . . . .... . . . . .. . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by . .. .. . . . . .. . . . . . . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. There are no other encumbrances or liens against the land except . . . . . . . .. . . . . . . .. . . . . . . . n/v IV4 ... . . .. . . .. . . .. .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. .. .. . . .. ... . . .. .. . . . . . . . . 9. The land lies in the following zoning use districts . .. .. . . . . ... . . . .. .. . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. .. . . . .. .. . .. .. . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . .. . . .. .. . . . . . . .. . !v o v E ... .. . . .. . . . .. . . . . .. . . .. .. .. . . . . .. . . .. .... . ... . . . . . . .:. . . . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a rWater District or Water Supply District. Flame of Dis- trict, if within a District, is . . . . . . C..%}ll-(r� „Li, X. . ,�Q,. . . . . . . . . . . . . .. . 13. Water mains will be laid by . . . .. Qf/Snit, m�/NS .. .. . . . . . . . . .. . .... . . . . . . . . . . . . . . . ... . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . . . .. . L')C1.S//N� . . . .. . . . . . . .. .. . . .. . . . . .. . ... . . . .. .. .. . . .. . . .. .. .. .. .. . . . . . . . .. . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . .... .. . . . . .. . . . . . . . . .. . .. . .. .. .. . . .. . . .. . . . .... .. .. . . .. . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule 'B” hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold IIighway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said pxisting maps at their conjunctions with the proposed streets. . 20. In the coarse of these proceedings, the applicant will offer proof of title as required by Sec. .335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showin;; all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $. .. .. .. ... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . . .. .. .. .. . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". ( - ( �c11� DATE . .. Q .. .. .. .. .. .. . . . ... . .. J lkc (Name of Applicant) By :. c : . C�—C( r .. .. . . . . . . . . . . .. . (Sign re and Title) 6��l0. . 7I (Address) �{LoPC I SLF4�� VfA, OUNTY OF . . . .. .. . . . . .. .. .. ss: On the . . . . . . . . . . .. . . .Aay of. .4:.c.Y��� r. . before me personally came —�.. i" .... � . a� S . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .. . . . executed the same. Notary f�ublic ��ir_r�gF7�/ J/ r y my 0o"4" STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . .. .. .. .. .. . ss: On the . . . . . .. . . . . . . . . . day . . . .. . . .. . . . of . . . . . . . . . . . . . .. 19. . . .. ., before me personally came . . . . . . . . . . . . . . . . . .. . to me known, who being by me duly sworn did de- pose and say that . .. . . . . . . . . . resides at No. . . . .. . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. . .. . . . . . . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . . . . . . . . . . . . . . . . . .. . . . . .. . is the . .. .. . . . . . of . . . .. . . . . .... . . . . . . . . . . . . .. . . .. . . . . .. .. . . .. .. . . .. .. . . .. . . .. . . . . . . . . . . . . . . . the corporation described in and which executed the forcgoin{ instrument; that . .. .. . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. :uulthat . . . . . . . . . . . . signed . . . . . .. .. . . . . . name thereto by like order. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Notary Public "141 V7 5 . THIS INDENTURE, -ill, the -4tt i i Lundml ewl _ ,hctKeen _ axaAwatimt 01 a03eed eel,' ❑c 1"it of ihc'State of party o[the fact Dart, Pnrc fi" a� that tLI t ,i II t"- ,.rn, L icrm of— — — — WITNESSETII, Dv]' d,=Ilan, I Ill ell t Itile t:nitrd I Du . art f c rr I I art,fill, 1 r I,. Drnit I :�. vno Ihr pa.I ar. ALL CONSULT YOUR LAWYEARE SIGNING THIS INSTRUMENT—THIS IN&ENT SHOULD BE USED BY LAWYERS ONL- 7 LIBER 0391 PAGE 31 .THIS INDEN,juM made the 16th&Y of February , nineteen hundred and seventy-eight BETWEEN FISHERS ISLAND UTILITY COMPANY, INC. , a New York corporation r.t with an address atIFishers Island, New York • �Ittf.LN �' party of the first part, and ISLAND HEALTH PROJECT, INC a New YdYk not-for- profit corporation with an address at Fishers Island, New York mit A • I party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbeingS at Fishers Island, Town of Southold, County of Suffol State of New York, being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwesterly line of 'Crescent Avenu said point also being located 2417. 82 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running alon said Oriental Avenue line North 37" 43' 20" West 144 .99 feet; thence North 52" 16 ' 40" East 74 .67 feet; thence South 37" 43' 20" East 142 feet to said Crescent Avenue line; thence along said road line South A portio 50°,.Of;' 20 West 74 . 73 feet to the point of beginning. Containing of: 0. 25 acres, more or less. District BEING a portion of those premises granted to the party of the 1000 first part by deed of West End Land Company, Incorporated dated June.¢, 1966tand recorded June 13, 1966 with the Office of the Section Clerk of the County of Suffolk in Volume 5973 at Page 17. 9 _ Block E,�Ccil FA l ------d45........ 2 ���� FF�L ESTF,TE LotQ7 I ?' 6 j;E,1ANSFER ;., �UF FOLK COUNTY____ r- TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and L7 roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO C HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of M the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply `(\D the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ' 0- XXXX XXXXXX Is. a:3` ATTEST: FISHERS ISLAND UTILITY COMPq im u� ✓ / Wit. v BY ReynG ds DuPont, Sr. Ri hard S. Baker .�e ; A; rp Secretary President RECORDED ARTHUR J. FELICE '9j' • '�� FEB `'7 1Q7R Duk of Suffolk County or Z-1ne • ;4-16-2 (2%87)-7c • • SEQR 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting ll information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measuresdescribed in PART 3 have been required, F. therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions —t5inr.�i N �efet beet= �ish�rs--Talul C, Name Name of Action 7c7u-/? o/ . oulleelo) Name of Lead Agency Print or Type Name of Responsible Of ficer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lo,id Agency Signature of Preparer(If different from responsible officer) Date 1 ' rw • PART 1—PROJECT INFORMAON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerer -as part of the application for approval and maybe subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information current1v available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif•, each instance. NAME OF ACTION /a lir- - - �- —7-� / 11-ea-l-&, P'�rra `i�c A +f 5hcYs i5/�r� ✓,c hoc LOCATION OF ACTION (Include Street Address, Municipality and County) F; snel-j /41711, /v Y NAME OF APPLICANTISPON OR BUSINESS TELEPHONE —T land ea'/Att ADDRESS //I/qq__ n 4 QYrCi r e._7Ve fJ /C'.rsCC/l � V-e CITY/PO STATE ZI 20CE lihNers NAME OF OWNER(If different) BUSINESS TELEPHONE /�ixf H,vaLYi Pro r -�G - !(nc/ Fjsheis ADDRESS / CITYIPO STATE ZIP COO- Yishrlf, -- %s/ez.��W I ..y l DESCRIPTION OF ACTION /11efi, e y11A,1) LIQ /cc/s — Lt 0T 1- /7C Chary /D ,CYIQb/t .oiu�all�rcn oi -ei(/5/7n� 7PYrI}G� /iiJic 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 LyL.ommercial ❑P�esidential (suburban) ❑Rural (non-farm ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: c?3 115.s— acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECI.) acres acres Water Surface Area acres acres Unvegetated (flock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Weod ' Other (Indicate type)��yl/C�r�/ 2 i 5101 rrl ��JO •teres �3�— acres e o•e to ea 3. What is predominant soil types) on project site? J'<./+� P a. Soil drainage L—�RW/ell drained /bU 9% of site ❑Moderately well drained 95 of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCHR370). 4. Are there bedrock outcroppings on project site � ? ❑Yes o �. What is depth to bedrock? (in feet) 2 5. Approximate percentaµe of pi-Sed project >ite with slopes: 00-10"b of r_1 91. ❑10-15"'" % 015% or greater 6. Is project substantially contiguous to, or con ain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes L�No �� 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 9 8. What is the depth of the water table? L" Co (in feet)(Xc �e l/�1�gninrc% 9. Is site located over a primary, principal, or sole source aquifer? C? 'es ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes 21<0 11. Does project siteco ain any species of plant or animal life that is identified as threatened or endangered? ❑Yes No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes. other geological formations) ❑Yes �o Describe 13. Is the project site�presently used by the community or neighborhood as an ooen space or recreation area? ❑Yes lsd^to If yes, explain 14. Does the presentsitg include scenic views known to be important to the community? ❑Yes o 15. Streams within or contiguous to project area: IV14 a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name NCNB —_// b. Size (In acres) 17. Is the site served by existing public utilities? SKs ❑No �� ti a) If Yes, does sufficient capacity exist to allow connection? L41'es ❑No b) If Yes, will improvements be necessary to allow connection? Dyes C94 18. Is the site located in an agricultural d rict certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3042 ❑Yes cifNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ❑Yes GKO 20. Has the site ever been used for the disposal of solid or hazardous wa5t4s?- ❑Yes (`_ B. Project Description _ 1. Physical dimensions and scale of project (fill in dimensions as appropriate) -70/1/Y f/F'f'LrC'`f«��✓ a. Total contiguous acreage owned or controlled by project sponsor 23 `✓S� acres. b. Project_ acreage to be developed: 23, VS 5 acres initially; YS acres ultimately. c. Project acreage to remain undeveloped qfk? '1' acres. d. Length of project, in miles: NI4 (If appropriate) e. If the project is an expansion, indicate pen-ent of expansion proposed I. Number of off-street parking spaces existing Z proposed 5 g. Maximum vehicular trips generated per hour Z_ 2 (upon completion of project)? (PU1117 h. If residential: Number and type of housing; units: ^//14 One Family Two family "At'Itiple Ianuly Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure .35' freight. 3S---- width: 50 length. . /!P-,Vo I. Linear feet of frontage long a public thoroughfare project will occupy is? it 17 ff• 3 2. How much natural material ruck, earth, etc.) will be remov,d froi*e site? 2t �/w0' _ tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ONO EKll " a. If yes, for what intend_- purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑NO c. Will upper subsoil be stockpiled for reclamation? GYes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Oyes f<O 6. If single phase project: Anticipated period of construction 12-- months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? Dyes t- CR<o L 9. Number of jobs generated: during construction _15- after project is comolete 10. Number of jobs eliminated by this project /VJNC_ 11. Will project require relocation of any projects or facilities? GYes L`3No If yes, explain 12. Is surface liquid waste disposal involved? Dyes V<o a. If yes, indicate type of waste (sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? R*fees ❑No Type pYr✓A,& -54i2l4t�`� 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ❑No t!V14) Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes o 16. Will the project generate solid waste? Oyes L9<0 L� T/No- .:'1crL/� LxP +✓S�t'/✓ a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? es ON C. If yes, give name " ? , tlJ7GJ6r�- location - - - -- d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? f� ❑NO e. If Yes, explain Tj2/47t/5GrJ� 17. Will the project involve the disposal of solid waste? Dyes Colo a. If yes, what is the anticipated rate of disposal? tons month. b. If yes, what is the anticipated site life? Yea s. 18. Will project use herbicides or pesticides? Dyes No 19. Will project routinely produce odors (more than one hour per day)? GYes 20, Will project produce operating noise exceedim; the local ambient noise levels? Oyes LSk�0 21. Will project result in an increa>e in o"­rgy u,c? Dyes CS<1 If yes. , indicate type(s) — - -e-- - 22. If water Supply is from w,.11,. indicate IrumPlig Capacity PJ114 g.11IOnsim1furte. 23. Total anticipated water usage per day 1\11A _- gallons/day. 24. Does project involve Local, State or Iederal fundingi Oyes 2'N1 If Yes, explain 4 25. Approvals Required: Submittal • leyPC .. Date City, Town, Village Board Dyes 2No City, Town, Village Planning Board ���es ONO LOT L/A/E Git9Nis� -2 City, City, Town Zoning Board C�Yes ONO AP » VWIII' 4i Tgr ,,.._.�,,<e/ L'"k Tg r City, County Health Department t�lyes ONO P~f,9 &7J Other Local Agencies ❑Yes C�lo _ Other Regional Agencies (des ❑No JG PG - �rFrii�z/ Thr State Agencies Dyes E o Federal Agencies Dyes Q-Kro C. Zoning and Planning Information � 1 . Does proposed action involve a planning.or zoning decision? 2J es ONO If Yes, indicate decision required: � � � ❑zoning amendment P oning variance pecial use permit 5<,bdivision ❑site plan ❑new)revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? 4- �40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? GAp,r-c 5✓NG O� /�!!7/t y ffUU?/SF H��71�TH GL//t l G e 4. What is the proposed zoning of the site? 391I'I� S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ,S.q/,n" � C 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? LYes ONO 7. What are the predominant land use(s) and zoning classifications within a ''A mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? es ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? NONE -- "T I-WC a. What is the minimum lot size proposed? 6 ,'9�VEI1/ 1U22&-C �2 PW1'ia-j 10. Will proposed action require any authorization(s) for the formation of'9ewer or water districts? Dyes 2<0 11 . Will the proposed action create pAemand for any community provided services (recreation, education, police, fire protection)? Dyes o _ a. If yes, is existing capacity sufficient to handle projected demand? Oyes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes LRtvo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to tho best of my knowledge. Applicant;Sponsor N❑ �/ G/ '/ t G/C,g Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 1 5 Town Of Southold p.0 Box 1179 Southold, NY 11971 * * * RECEIPT Receipt#: 0 Date: 04104101 Subtotal $250.00 Transaction(s): application Fees Total Paid: $250.00 1 Check#: 690 &2640 r APR - 4 2001 SowwwTown PkWagewd Name: Island, Health project Sc tm#10()o-9-2-6.2 &8 Inter nal ID:29411 Clerk ID: JOYCEW PLANNING BOARD MEMBER QStFFO(,AC • 0�' OG P.O. Box 1179 BENNETT ORLOWSKI,JR. _� y� Town Hall, 53095 State Route 25 Chairman Southold, New York 11971-0959 RICHARD CAGGLSNO T Telephone (631) 765-1938 WILLIAM J. CREMERSFax(631) 765-3136 KENNETH L.EDWARDS y�IQl y_ .�a�� MARTIN SIDOR +� PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 15, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.1. SCTM #1000-9-2-8.1 (formerly 1000-9-2-6.2 & 8) Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, July 14, 2003: WHEREAS, the public hearing was held on July 16, 2001 and held open at the request of the applicant's legal counsel for the purpose of obtaining further information about the legal status of the subject lots; and WHEREAS, the applicant has determined the subject lots had, in fact, merged thereby eliminating the need to do a lot line modification; and WHEREAS, the applicant through legal counsel, Patricia Moore, Esq., has withdrawn the lot line application by a letter dated July 9, 2003; therefore, be it RESOLVED, to close the public hearing and to declare the application closed and withdrawn. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman s�- PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary July 9, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) Re: Island Health Project Inc. Lot Line Change SCTM#1000- 9-2-6.2 & 8 Dear Mr. Orlowski: The above referenced properties are in common ownership. The above reference parcels are owned by Island Health Project,Inc., therefore, in accordance with Town Code section 100-25 the parcels have merged. My clients respectfully withdraw their application for a lot line change. If you wish to discuss this further please do not hesitate to contact me. Very trul/yours, Lfttifcia C. Moore JUL 1 02003 D sou"id Torre Planni Board r Semon, Bruno v To: Glew, Claire Subject: RE: Island Health Project Thank You Bruno -----Original Message----- From: Glew, Claire Sent: Tuesday, April 08, 2003 9:28 AM To: Semon, Bruno Subject: Island Health Project Bruno, I have combined 1000-9-2-6.2 & 1000-9-2-8, the new number is 1000-9-2-8.1. The owner is listed as Fishers Island Civic Association Inc. on the assessment roll. Claire PLANNING BOARD ORLOWS�IR E * O�OSUFF0(�COG • P.O. Box 1179 ENNETTK ,�J Chairman =� 'f� Town Hall, 53095 State Route 25 p Southold, New York 11971-0959 RICHARD CAGGIANO WTelephone (631) 765-1938 WILLIAM J. CREMERS O Fax(631) 765-3136 KENNETH L.MARTIN H. D5 DOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 10, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM #1000-9-2-8.1 (formerly 1000-9-2-6.2 & 8) Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, June 9, 2003: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on July 14, 2003 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman PATRICIA C. MOORE VL- Attorney LAttorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary June 4 , 2003 Bennett Orlowski, Jr. , Chairman, and Southold Town Planning Board Southold Town Hall VS0;4:01Wd 53095 Main Road Southold, NY 11971 Re : Island Health Project Inc . , and Fishers Island Civic Association Dear Chairmen and Board Members : Enclosed please find certified copy of the recorded deeds : 1 . Fishers Island Civic Association, Inc . to Island Health Project Inc . , dated June 27, 2002 and recorded on May 30 , 2003 in the Suffolk County Clerk' s office, as to lot designated 1000-90-2-6 .2 . 2 . Fishers Island Community Health Fund, Inc . to Island Health Project, Inc . , dated May 26, 2003 and recorded on May 30, 2003 in the Suffolk County Clerk' s office, the deed conveys the lot designated 1000-90-2-8 3 . Both lots are contiguous and are owned by the same party, Island Health Project, Inc . In that the parcel is in the R-40 zoning district, requiring a minimum lot acreage of 40 , 000 square feet in area, and the contiguous parcels are held in common ownership, the undersized parcels have merged as a matter of law. i • The merging of the parcels makes the pending application for a lot line change moot . The application for site plan is complete and we would respectfully request your approval of the site plan. If you have any questions please do not hesitate to contact me . Very trul,,? ours, Patricia C . Moore CC : Mrs . Susie Parsons, Linda Margolin Esq. I illlill IIII VIII VIII VIII VIII VIII VIII VIII(III IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 05/30/2003 Number of Pages: 5 At: 01:29:37 PM TRANSFER TAX NUMBER: 02-41433 LIBER: D00012253 PAGE : 825 District: Section: Block: Lot: 1000 009 .00 02 .00 006 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5 .00 NO COE $5 . 00 NO NYS SURCHG $15. 00 NO EA-CTY $5 .00 NO EA-STATE $25 .00 NO TP-584 $5 . 00 NO Cert.Copies $5.00 NO RPT $30 . 00 NO SCTM $0 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0.00 NO Fees Paid $110 .00 TRANSFER TAX NUMBER: 02-41433 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County ,' � 1 2 • Number of pages TORRENS Serial # Certificate# Prior Ctf. # Deed/ Mortgage Instrument Deed / Mortgage Tax Stantp Recording / Filing Stamps 3 FEES �S Mortgage Amt. Page/Filing Fee I. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation / or EA-52 17 (County) __5 Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX_ �- - - „� CSfiJ Dual Town Dual County R.P.T.S.A. Held for Appointment _ Conlin. of Ed. 5. 00 Transfer Tax `. Mansion Tax Affidavit The property covered by this mortgage is Certified Copy or will be improved by a one or two Reg. Copy family dwelling only. -- Sub Total ' Other YES or NO �- GrandTotal If page #sec appropriate tax clause on page # of[his ins umet O:)— 4 District Section Block Lot 5 Community Preservation Fund Real 03020353 1000 00900 0200 006002 Consideration Amount $ 0.00 Property Tax Service P T S CPF Tax Due $ 0.00 Agency R SFL A Verification 29-MAY 0 improved Vacant Land ✓� 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD 'I\ - �- -- Linda U. Margolin, Esq. % TD Bracken, Margolin & Gouvis, LLP TD _ One Suffolk Square Suite 300 Islandia, NY 11749 7 Title Company Information Co. Name AQUEBOGUE ABSTRACT CORP. Title# 632-S-7343 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Quitclaim Deed _ made by: (SPECIFY TYPE OF INSTRUMENT) Fishers Island _Ci_v_icThe premises herein is situated in Assmciation, Inc. SUFFOLK COUNTY, NEW YORK. TO In the Township of _._ SOUTHOLD_ Island Health Pro je­ct_�._Lac,_ In the VILLAGE orHAMLETot Fishers Island BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1 nvr*rl Quitclaim Deed Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 27 day of June2002 BETWEEN FISHERS ISLAND CIVIC ASSOCIATION, INC. with an address of Main Street, Fishers Island, New York 06390 r party of the first part, and ISLAND HEALTH PROJECT, INC. a New York not—for—profit corporation with an . address of Main Street, P.O. Box 344, Fishers Island, New York 06390 A Vl�- i7 yn�ICY party of the second part, WITNESSETH,that the party of the fust part,in consideration of ten dollars paid by the party of the second part,does hereby remise,release and quitclaim unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying-mtd- beinginthe as more particularly described in Schedule A annexed hereto and made a DISTRICT part hereof. 1000 SECTION 9.of BLOCK 2.� LOT 6.o oa TOGETHER with all right,tide and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the fust part,in compliance with Section 13 of the Lien Law.hereby covenants that the party of the fiat pa;,wail receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied fust for the purpose of paying the cost of the improvement and will apply the same fust to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year fust above written. IN PRESENCE OF: FISHERS ISLANDD CI/VIC ASSOCIATION, INC. By: John Spofford KS t v'1 Stattof New York,County of • } ss.: State of New it County of } as.: On the day of 19 before On the day of 19 before me me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that he executed the foregoing inshtrment,and acknowledged that he executed the same. executed the same. State of New York,County of } ss.: State of New York,County of }ss.: On the day of 19 ,before me personally On the day of 19 , before me came personally came the subscribing witness to the foregoing instrument,with whom I to me known,who being by me duly sworn,did depose and say am personally acquainted,who,being by me duly sworn,did that he resides at No. depose and say that he resides at No. that he is the that he knows Of to be the individual described in and who executed the foregoing instrument;that he,said subscribing witness,was the corporation described in and which executed the foregoing present and saw instrument; that by order of the Board of Directors of said execute the same;and that he,said witness,at the same time corporation he signed It name. subscribed It name as witness thereto. DISTRICT loon SECTION 9 TITLE NO. BLOCK Z LOT 6 FISHERS ISLAND CIVIC ASSOCIATION, INC. COUNTY OR TOWN TO ISLAND HEALTH PROJECT, INC. RECORDED AT REQUEST OF Fidelity National Title Insurance Company of New York RETURN BY MAIL TO: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NY 1Ncoarroru7ra 1928 "cam do Fidelity 9yfe,.nanl' Member New York State Land TitleAasociarion w al 7 a: W O U LL LL W O U � dZ fn p N a: = O F W W R' LL W N W G STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED J ZZ 3 AT PAGE d� RECORDED of AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS 301# DAY OF ,n44y 02003 flpJ9^jJ p/ CLERK 12-01ee.M5CS STATE OF NEW YORK ) ss.: COUNTY OF 7� On the a 7 day of June, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN SPOFFORD personally known to be or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Not Publi VERONICA HAMILTON NOTARY PUBLIC STATE OF NEW YORK NO. OI HA6067785 QUALIFIED IN SUFFOLK OOUW TERM EXPIRES.. SCHEDULE A Parcel 1 ALL that certain, plot or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Fishers Island, Town of Southold, County of Suffolk, State of New York,being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwesterly line of Crescent Avenue, said point also being located 2417.52 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running along said Oriental Avenue line North 37°43' 20" West 144.99 feet; thence North 52 ° 16' 40" East 74.67 feet; thence South 37°43' 20" East 142. feet to said Crescent Avenue line; thence along said road line South 50°06' 20" West 74.73 feet to the point of beginning. Containing 0.25 acres, more or less. BEING a portion of those premises granted to the party of the first part by deed of West End Land Company, Incorporated dated June 6, 1966 and recorded June 13, 1966 with the Office of the Clerk of the County of Suffolk in Volume 5973 at Page 17, as corrected by a certain Correction Deed dated August 31, 2001 and recorded October 9, 2001 Number of pages / TORRENS Serial # Certificate# r. T# Prior Ctf. # Deed/Mortgage Instrument Deed / Mortgage Tax Stamp Recording/ Filing Stamps 3 FEES Page /Filing Fee 45 Mortgage Amt. I. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub TotalSpec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town Dual County Held for Appointment —Comm. of Ed. 5. 00r Transfer Tax Affidavit io o . Mansion Tax _ ,.,o EPE The property covered by this mortgage k Certified Copy or will be improved by a one or two Reg:"Cony family dwelling only. Sub Total YES or NO Other _�� � �-- Grand Total If NO, we appropriate tax clause on page# of this mst ument. (5J — :21v e)3 4 1 District Section Block Lot 5 Community Preservation Fund Real 03020346 1000 00900 0200 008000 1 Consideration Amount $ 0/•00 Property Tax Servicep T S CPF Tax Due Agency R SFL A Verification 29-MAY-0 Improved XX Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD Linda U. Margolin, Esq. Bracken, Margolin & Gouvis, LLP TD One Suffolk Square Suite 300 Islandia, NY 11749 7 Title Company Information Co. Name AQUEBOGUE ABSTRACT CORP. Title# 632—S-7343 81 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) FISH RS ISLAND COMMUNITY _ The premises herein is situated in HEALTH FUND, INC. SUFFOLK COUNTY, NEW YORK. TO In the Township of _SOUTHOLD ISLAND HEALTH PROJECT, INC- In the VILLAGE or HAMLET of FISCHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. NY2005 —Bargain and Sale Aith Covenant against Grantor's Acts—Individual or Corlotatio gle Sheet) CONSULTYOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the day of may i , n the year two thousand three lj TWEEN FISHERS ISLAND COMMUNITY HEALTH FUND, INC. , with an address of pjo't:�_ 'j, Fishers Island, New York 06390 party of the first part, and ISLAND HEALTH PROJECT, INC. , a New York not—for—profit corporation with an address ofAMain Street, P.O. Box 344, Fishers Island, NY 06390 W� .01) 03,10D party of the second part, WITNESSETH,that the party of the first part,in consideration of TEN ($10.00) and No/100------------ ----------------------------------------------------------------------------- o/100------------ ________dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being intheTown of Southold, at Fishers Island, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a stone monument on the northwesterly line of Crescent Avenue, said monument being 2543.98 feet north of a point which is 1852.41 feet west of another monument marking the US Coast and Geodetic Survey Triangulation Station "PROS" and THENCE running along said Avenue line south 50 degrees 06 minutes 20 seconds west, 121.97 feet; THENCE north 37 degrees 43 minutes 20 seconds west, 142.16 feet; THENCE north 77 degrees 45 minutes 30 seconds east, 100.89 feet; THENCE south 66 degrees 29 minutes 40 seconds east, 30.95 feet; THENCE south 51 degrees 04 minutes 40 seconds west, 68.85 feet to the point of BEGINNING. SUBJECT however, to the easement or right of way reserved in favor of Fishers Island Electric Corp. , for the construction use and maintenance of a pole line together with the appurtenances and to said right of way being described in libe 4597 cp 542. BEING AND INTENDED TO BE the same premises known as No # Crescent, Fishers Island, New York as conveyed to the grantor herein by deed dated 3/3/59 and recorded 3/11/59 in liber 4597 page 542 in the office of the Suffolk County Clerk. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, incompliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. FISHERS ISLAND COMMUNITY HEALTH FUND, INC. IN PRESENCE OF: r By&)�(�,U,(,Le PAA ��fe4Suzaintie Parsons P�,S�(kv By: reL Ing- c 46a By: _ canna 1 o Co chap r 'STATE OF NEW YORK,COUNTY* STATE OF On the day of in the year On the day of in the year , before me,the undersigned,personally appeared before me,the undersigned,personally appeared ,personally known to me or proved to me on ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowl- name(s)is(are)subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their edged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person on behalf of which the instrument,the individual(s),or the person on behalf of which the individual(s)acted,executed the instrument. individual(s)acted,executed the instrument [add the following if the acknowledgment is taken outside NY State] and that said individual made such appearance before the undersigned in the (insert the city or whet political subdivision and the Stale or country or other place the acknowledgment was taken). STATE OF COUNTY OF On the day of in the year , before me,the undersigned,a Notary Public in and for said State, personally appeared STATE OF COUNTY OF ,the On the day of in the year subscribing witness to the foregoing instrument,with whom t am before me personally came personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s)in to me known,who,being by me duly sworn,did depose and say that he resides at (if the place of residence is in a city,include the street and street number if any,thereof); that he is the that he/she/they know(s) of the corporation described in and which executed the foregoing to be the individual described in and who executed the foregoing instrument;that he knows the seal of said corporation; that the instrument;that said subscribing witness was present and saw said seal affixed to said instrument is such corporate seal;that it was so affixed by order of the board of directors of said corporation, execute the same;and that said witness at the same time subscribed and that he signed h name thereto by like order. his/her/their name(s)as a witness thereto [add the following if the acknowledgment is taken outside NY State] and that said subscribing witness made such appearance before the undersigned in the (insert the city or other political subdivision and the State or country or other place the proof was taken). Dist. 1000 748ar ht FUM .0aiP Bub SECTION 9.00 WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 2.00 TITLE No. 632—S-7343 LOT 8.00 Fishers Island Community Health Fund, Inc. COUNTYdfJFffi #X SUFFOLK STREET ADDRESS TO Island Health Project, Inc. Recorded at Request of STEWART TITLE® RETURN BY MAIL TO: Distributed by Linda U. Margolin, Esq. STEWART TITLE® Bracken, Margolin & Gouvis, LLP One Suffolk Square, Suite 300 INSURANCE COMPANY Islandia, New York 11749 250 PARK AVENUE NEW YORK,NEW YORK 10177 Sanctity of Conrracr' (2(2)922-0050 Fax(212)983-1133 STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED AT PAGE RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS DAY OF Id • CLERK 12-01%.M5C$ Uniform Acknowledgement State of New York ) County of SyD I k ) ss.: On the," day of May , of year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Suzanne Parsons, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature(s) on the instrument,the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. �w � lt'c teu2s 2 NotaryuPublic MARY B PAWJEWICZ Notary Public State of Mn Yak State of New York ) No 52.5267950 CoPtYNesion `1�3n�oL County of SLLf�lk ) ss.: On the c&V-day of May , of year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Margaret King,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature(s) on the instrument,the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notar ublic RM"B PANKiEWK2 Notary Public State of Now Yak No 52.5267950 C!awkgdm EViw dlga%(o Uniform Acknowledgement State of New York ) County of ss.: On the .26�day of May ,of year 2003 before me, the undersigned, a Notary Public in and for said State, personally appeared Dianna Shillo,personally known tome or proved tome on the basis of satisfactory evidence to be the individual(s) whose name(s)is (are) subscribed to the within instrument and acknowledged to me that she executed the same in her capacity(ies), and that by her signature(s)on the instrument,the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. NoVary Public MARY B PANK EWKZ Notary Public State of Now Yak No 52-8267950 Commission Fires y/3o)o6 0 PLANNING BOARD MEMBERS gOFFO(,� �Q �'� P.O. Box 1179 BENNETT ORLOWSKI,JR. � Town Hall, 53095 State Route 25 Chairman Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J. CREMERS O '1r Fax(631) 765-3136 KENNETH L.MARTIN H. SDS y� IIDOR �I PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM #1000-9-2-8.1 (formerly 1000-9-2-6.2 & 8) Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, May 12, 2003: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on June 9, 2003 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, �y Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBl9 gpFFOL,� 0 �� CD BENNETT ORLOWSKI,JR. P.O. Box 1179 �O Chairman = P.O. Town Hall, 53095 State Route 25 p Southold, New York 11971-0959 RICHARD CAGGIANO A Telephone (631) 765-1938 WILLIAM J.CREMERS O Fax (631) 765-3136 KENNETH L.MARTIN H. SDS IDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 15, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM #1000-9-2-8.1 (formerly 1000-9-2-6.2 & 8) Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, April 14, 2003: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on May 12, 2003 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, B� Oma = Benne t Orlowski, r. Chairman 5/, 1r� /�7j Semon, Bruno VL- To: Glew, Claire Subject: RE: Island Health Project Thank You Bruno -----Original Message----- From: Glew,Claire Sent: Tuesday,April 08,2003 9:28 AM To: Semon, Bruno Subject: Island Health Project Bruno, I have combined 1000-9-2-6.2 & 1000-9-2-8, the new number is 1000-9-2-8.1. The owner is listed as Fishers Island Civic Association Inc. on the assessment roll. Claire I I IIIIIII IIII VIII VIII VIII IIID VIII ILII VIII IIII IIII 111111(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 05/30/2003 Number of Pages: 5 At: 01:29 :37 PM TRANSFER TAX NUMBER: 02-41432 LIBER: D00012253 PAGE: 824 District: Section: Block: Lot: 1000 009. 00 02 . 00 008.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 .00 NO Handling $5.00 NO COE $5 .00 NO NYS SURCHG $15. 00 NO EA-CTY $5.00 NO EA-STATE $25 . 00 NO TP-584 $5.00 NO Cert.Copies $5 .00 NO RPT $30 .00 NO SCTM $0 .00 NO Transfer tax $0 .00 NO Comm.Pres $0. 00 NO Fees Paid $110 .00 TRANSFER TAX NUMBER: 02-41432 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 5v'-3f- Island Health Project, Inc. ✓L PO Box 344 65 Fishers Island, New York 06390 631.788-7244 April 1, 2003 Southold Town Assessors Main Road Southold, New York 11971 RE: Island Health Project, Inc. SCTM #1000-9-2-6.2 and #1000-9-2-8 On behalf of the Island Health Project, Inc. I respectfully request that you combine the above referenced lots. Our attorney, Patricia C. Moore, Esq., has previously provided to you a copy of the correction deed which was recorded on October 10, 2001. Sincerely, Suzanne W. Parsons Co-President, Island Health Project cc: Patricia C. Moore, Esq. DAPR 3 2003 APR - 4 BOARD OF ASSESSORS TOWN OF SOUTHOLD Southold Town Planning Board A PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries March 31, 2003 Southold Town Assessors Main Road Southold, NY 11971 Re : Island Health Club 1000-09-02-6 . 02 and 8 Dear Scott Russell , Chairman I represent Island Health Project , Inc . on Fishers Island. Parcel 1000-9 -2-6 . 2 is presently owned by Island Health Project , Inc . , a correction deed was recorded on 10/09/01 , attached is a copy of the deed. Both parcels are owned by Island Health Project, Inc . Since parcel 6 . 2 and 8 are in common ownership we had expected the County and Town to merge the parcels . Please correct your records to reflect the merging of the parcels . Very truly yours, - - Patricia C. Moore cc : Planning Board Mrs . Susie Parsons - "- - ••�••���_ r ods edw uru2; Dec-21-01 3:45PM; Page 3 • 2 1 • Number of pages ----- TORRENS Serial At J r-`' (- it Certif¢alc U - •tt: Prior Cit.it Deed/Mortgage lnslrumen[ Deed/Mortgage Tex Stamp Recording/Filing Stumpy 4 FLUFLUr� Page/Filing Fee Ia -- Mortgage/out. Handling _ � I.Uasic'fax 'fY-584 5 m 2.Additional Tax _ — Notation 5(J Sub Total _ FA-5217(C'oway) 5 — Snh Intal ��'.$D ^� — r Spec./Assit. FA•5217(Stale) oZ! Or Spec./Add. R.P.T.S.A. IS O O O F TOT.MTC.iAJ( — Conan.of Fal. 5 00 'rr Dual Towq•__Duat County_ held for Apportionmcm Affil F - - � �• Transfer Tax Certitied Copy v Mansion lax The properly covered by-111i s mortgage is ur Reg.Copy will be improved by a mw or two family Sub Total 7 9 p,_ dwelling only. Other YES_ nrNO GRAND TOTAL / f NO,see app—ropriate taxclause on page 11 ofthis inshlanent. Real Properly Tax Service Agency Verificarion 6 Cormm�rdty Preservation Fund couvn Dist. ��\\(JSec/tiyo'n� ^r�B/lo�ck� �W� Lot Cont iderotion Amount S .t V l: l.lJ C bf.W rhnll.U C=PF Txx Due Improved Initials Ly,r Vacant Land__ 7 SaliSIOCtiolls/Discharges/keleases List Property Owners Mailing AddremI �/ RECORD RN TO; / TD 61rG1 C ILGij,% tLU•u- _.r P TD Q TI) 1 �� ��7 !9 g 1 itle Company I for ation 'I y Suffolk County Recordin & Endorsement Pa re lliis page lorim pati of the altaclixd 1 made by: (SPECIFYTYPFOFINST"RINLVI') C t1 -I, t r �I 1��. The premisas heroin is situated in 61(' SUFFOLK CYri.1NfY,NEw YORKy.�./� TO "I'-- In the TownsWp � of— Irt I -- -. S .)s�a_�._,_ �• C, Vii-___ In 11te VILLAGF. Q S() 4A0 JA j"1C' _ urllAMr,r.Tor BOXES 5 TARIJ u MI iSl'RE TYPED OR PRINTED IN LiLACK INK ONLY PRIOR TO RFCOI',DING OR FILING. —�•� iIl1IFq\ orcin oy. onr�n�ry wrvu ixHnuuurv; b111 G34 tl/UL, .UCC-LI-U1 9:4brMf PaOe A Dear Tmpayer, Your satisfaction of mortgage has been filed In my office and I am enclosing the original ropy for your records. If a portion of your montltly mortgage payment.included your property taxes, yngwill now need to contact yoU.C Ir g(,Trtyv<7 Tax Recnve.r so that y ni may be htlleil.directly fnr all fnfure Qrgperty tax I y. Local property taxes are payable twice a year: on or before,January 101" and on or before May 31^. Failure to make payments in a timely fashlon could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Recelver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst. N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brooldlaven Town Receiver of Taxes Shelter Island Town Racelver of Taxes 250 East Main Street Shelter Island Town Hall Pori Jefferson, N.Y. 11777 Sheller Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 . East Ilatnpton.Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 I'antlgo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) .324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Suufhamptou Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton. N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxcs Southold'Town Receiver of Taxes 40 Nassau Avenue 53095 Main Slreel. Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Si "�M460 o9 � Edward P. Romalne Suffolk County Clerk dw 2j9,:I 11 W.: 11/4 g Deni by: bHAUKtN NINU MAH(iUL1N; b3i ; :i4 bluz; Uec-21 -U1 :i:4"M; ragE 5 CORRECTION DEED NO CONSIDERATION This-Deed is given to correct and replace Deed Dated February 16, 1978, recorded in the Clerk's Office in the County of Suffolk on February 27, 1978 at Liber 8394 Page 37,for no consideration, in order io correct the identity of the grantee, THIS INDENTURE, made the]31Ey of August., two thousand and one. BETWEEN FISHERS ISLAND UTILITY COMPANY, INC., a New York corporation with an address of Main Street,Fishers Island, New York, 06390 party of the first part, and FISHERS ISLAND CiVTC. ASSOCIATION,INC., with an address of Main Street, Fishers Island,New York, 06390, party of the second part, and, solely for the purpose of consenting to this Correction Deet4 ISLAND HEALTH PROJECT, INC., a New York not-for-profit corporation with an address of Main Street, P.O- Box 144,Fishers Island, New York, 06390 the grantee ojthe Deed Dated February 16, 1978, NIITNESSETIT,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second pall, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate,lying and being at FISHERS ISLAND, TOWN OF SOUTHOLD, COUN]'Y OF SUFFOLK, STATE OF NEW YORK, being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwesterly line of Crescent Avenue, said point also being located 2417.82 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running along said Oriental Avenue line North 37° 43' 20"West 144.99 feet; thence North 52° 1.6' 40"East 74.67 feet; thence South 37'43' 20"East 142. feet to said Crescent Avenue line, thence along said road line South 50° 06' 20"West 74.73 feet to the point of beginning. Containing 0.25 acres, more or less. Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Dec-21 -01 3:46PM; Page 6/9 BEING a portion of those premises granted to the party of the first part by deed of West End Land Company, Incorporated dated June 6, 1966 and recorded June 13, 1966 with the Office of the Clerk of the County of Suffolk in Volume 5973 at Page 17. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN THE PRESENCE OF, ]FISHERS ISLAND UIIL.ITY COMPANY, INC. 1 C—P.1 fd2 BY'. Secretary p,resid=f The making and filing of this correction Deed is consented to by: ISLAND HEALTH PROJECT, INC. BY:_... 6A KW-) Secretary President Sent By:, BRACKEN AND MARGOLIN; 631 234 8702; Dec-21 -01 3:46PM; Page 7/9 • • State ofNew York ) ) ss.: County of Suffolk ) On the .3I day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that J. f f5mm 8'aKL o Al S executed the Same in 44i 5 capacity(ies), and that by 4V3 G signature on the instrument, the individual or the person upon behalf of which vidual ac executed the instrument. i Notary Public THOMAS F.OONERTYJR. Noury public Stele of New York No.4606666 Ousunoo In Suffolk County Yerin 6xplre6 1"109... Stale of New York ) ss.: County of Suffolk ) On the�jL day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that �RUQ f 1 executed the same in hS42— capacity(ies), and that by 1'1`— r signature on the instrument,the individual or the person upon behalf of whi vidual acted executed the instrument. Notary Public 7HOMA6 F,NH914"JR. Noaw Nuell6%ww of New York W0,4006666 Ouslf6eo In Suffolk coypty Term Expires tZnt � Sent By: ,BRACKEN AND MARGOLIN; 631 234 8702; Dec-21 -01 3:46PM; Page 8/9 State of New York ) ) ss.: County of Suffolk� On thea 7--aay of August, of year 2001, before me, the undersigned, a Notary Public in and for said Slate, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that6 J2,&u� ��i ►lZ.Sd N Cexeeuted the same in h 9--42— capacity(ies), and that by t)sa- signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument, r Notary Public NoToHry MAS dWH6frw nark Ne,a606666 0"Ifieo In Syflelk cougry Term Expires 124109-- State yatKrState of New York ) County of Suffolk ) On tho�71ay of August, of year 2001, before me, the undersigned, a Notary Public. in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me thatl�(1fQrA1i t` JSS£AJ executed the same in hs✓42. capacity(ies), and that by z— signature on the instrument, the individual or the person upon behalf ofwhic ividual acted xecutod the instrument. Notary Public THOMAS P,DOHERTY JR. Nehry Pu611e Stste of Nesy.York Oueli leo In Suflolk 0ty Term Expires 12W �3'.::5GG3ci U1aUWUQJ1ti we U1 U1G PC;i wit ut1U11 ut;114U U1 W1ll1:1Uf1C'II3(11yluual a('tCQ.(',XCC:ULW the instrument. i��/l u rt m STATE OF NEW YORK as.: m County of Suffolk M I, EDWARD P. ROMAINE,Clark ofthe County ofSuffolk and Clark ofthe Supreme Court ofthe State of New York in and for said County(sald Court being a Court of Record)DO HEREBY CERTIFY that n I have compared the annexed copy of 4180- X l t4 Acg '7-50 G�Co QDEO o Q ti /Q%tz VC and that it is a just and true copy of such original 06e7o x ����� e� Iand of the whole thereof. _ o IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seat of said County 7 and Court this day of QGT• too,/. /s Clerk Form No.104 �z•io...lvm.. m JFN A m V O N N D N O N A O y m V5 V/- PATRICIA LPATRICIA C. MOORE r3S Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries March 31, 2003 tf22 Southold Town Assessors D E C 6 I V " Main Road D Southold, NY 11971 APR - 1 2003 Re : Island Health Club 1000-09-02-6 . 02 and 8 Southold Town Planni Board Dear Scott Russell, Chairman I represent Island Health Project, Inc . on Fishers Island. Parcel 1000-90-2-6 . 2 is presently owned by Island Health Project, Inc . , a correction deed was recorded on 10/09/01, attached is a copy of the deed. Both parcels are owned by Island Health Project, Inc . Since parcel 6 .2 and 8 are in common ownership we had expected the County and Town to merge the parcels . Please correct your records to reflect the merging of the parcels . Very truly yours, Patricia C. Moore cc : Planning Board' Mrs . Susie Parsons blue; DeC 21-01 3:45PM; Page 3 �]2 Nurnbe,of page, TORRENs' 1 70",' Serial# Certificate P Prior Cif N Deed/Mortgage 1111,11111111ill Deed/Mortgage Tax StampRecording/piling Stornpy Page I Filing Fee HandlingS Mortgage An, LY-584 :7 1.Basic Tax 2.Additional Tax Notation Sub Total EA-52 17(C.un[y) Sub Trial SpecdAssit. FA-5217(State) 0r Spec./Add. R.P.T.S.A. TOT.MI G.TAX Coulon.or Ed. 500 Dual Town Dual County_ Affidis I leld for Apportionment Transfer Tax Certified 4 • Mansion*1 as Reg.Copy The properly covemd..b I y–f-his morlpie—isor will be improved by a one or two family Other Sub Total dwelling only. Y ES nr NO GRAND TOTAL fN0'See appropriate tax clause on page# --or this institiment, Real Property Tax Service Agency Ve,rifteth,, 6 cuuvtr Dist, section Community lation Fund B lock Lot Considerntioll Aj,,<lUn( $ (77-- OC')C) 09' CO CQ-00 006,09 CPF Tai.x T)u, 0, Dole 14 1401 pr�.-d Initials L" jSatist-actirills/Disch3rges/Releases List Pon erry Owners Mailing Address Vacant Land 6 1 RECORD&RET 9,170; TD 1ra C VL_ 'r TD Ot�� X017 74 / 8 itle Company I foi- atioll Co, Name 9 (gLt. - Aklla� # Lt. L Suffolk County Record'11 DI & Endorsement .Pa This J)age Alum pall of the attached made by: kh ) � — I INFUIFY TYPE 0FTNYjRUNjL.NI') _"S_ s 4-S td 1( ZAA Q! // - The premises herein is situated in r 044�) CdY SUFFOLK Cot jtrry,NE.:W yORK In the Tovdl5l�p of-__�Z�Lyl c' I u_a TO I Ali I'vl,(: In the VILLAGF or I lAhffXT o LLS ks 19 130XFS 5 THRIJ 9 MI.J81'BETYPED 0RPRrNm.T)IN fiLACK INK ONLY PR10R TO RFCORLANG OR FILFN(i. OtHL My. ❑OAUntIN AIVU IVIA%UUL11V; UJ/ 2:34 8102; UBC-21 -U1 3:4bHM; Fagg b CORRECTION DEED NO CONSIDERATION This Deed is given to correct and replace Deed Dated February 16, 1978, recorded in the Clerk's Office in the County of Suffolk on February 27, 1978 at Liber 8394 Page 37,f or no consideration, in order to correct the identity of the grantee. THIS INDENTURE, made the-31�d y of August, two thousand and one. BEIWEE.Y FISHERS ISLAND UTILITY COMPANY, INC., a New York corporation with an address of Main Street,Fishers Island, New York, 06390 party of the first part, and FISHERS ISLAND CHIC ASSOCIATION,INC., with an address of Main Street, Fishers Island,New York, 06390, parte of the second part, and, solely for the.purpose of consenting to this Correction Deed, ISLAND HEALTH PROJECT, INC., a New York not-for-profit corporation with an address of Main Street, P.O. Box 344,Fishers Island,New York, 06390 the grantee ojthe Deed Dated February 16, 1978, K7TXTSSE72I,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at FISHERS ISLAND, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK, being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwestorly line of Crescent Avenue, said point also being located 2417.82 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station "PROS" and thence running along said Oriental Avenue line North 37° 43' 20"West 144,99 feet; thence North 52° 1.6' 40"East 74.67 feet; thence South 37°43' 20"East 142. feet to said Crescent Avenue Line, thence along said road line South 50° 06' 20"West 74.73 feet to the point of beginning. Containing 0.25 acres, more or less. •,. ��. ��.". —,.� ,.,..,Iwo oat eon aiuq Dec-2l-ul a:4br M; Page 4 Dear"Taxpayer, Your sahsfac Lion of mortgage Iias been filed In my office and I am enclosing the original copy for your records. If a portion of your montlily mortgage payment.included your property taxes. y5»A,-v"11 now need to ContacU-0—Lir 19fa] Tnlyll Tax Rrcriver nn that,von may bC_billed directly fm' all future Property tax W& Local property taxes are payable twice a year: on or before.January 101" and on or hefore May 3111, Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Towri Recclvcr of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 1 1777 Sheller Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 . East Hampton Town Receiver of Taxes Smithtown Town Rccelver of Taxes 300 I'antlgo place 99 West Main Street, East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Laces SuuLhauipton"town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton. N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver ol'Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 1631) 224-5580 (631) 765-1803 Sincerely. ', Edward P. Romaine Suffolk County Clerk dw 1'/0103::1,/4bc( Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Dec-21 -01 3:46PM; Page 6/9 BEING a portion of thaw pr=ises granted to the party of the first part by deed of West End Land Company, incorporated dated June 6, 1966 and recorded June 13, 1966 with the Office of the Clerk of the County of Suffolk in Volume 5973 at Page 17, IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN THE PRESENCE OF. FISHERS ISLAND UTILITY COMPANY, INC. �n L&-4 cxt By, �CClftary prrevjCllt- c. Lo--i d'rn a a.�--- The snaking and filing of this correction Deed is consented to by.- ISLAND y:ISLAND HEALTH PROJECT, INC. EJ _ BY:_._ � W�a t1 ✓� J Secretary President Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Dec-21 -01 3:46PM; Page 7/9 • State of New York ) ) ss.: Comity of Suffolk ) On the 31 day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that. ffe ?W2-SQ)0_4_ executed the same in A-f S capacity(ies), and that by -Ih 5 signature on the instrument, the individual or the person upon behalf of which 'vidual ac executed the instrument. Notary Public THOMAS F.DOHERTY JR. Notary Public Shu of New York No.4806650 OusuBee In Suffolk County Tenn Explrae tz111�.. State of New York ) ss.: County of Suffolk ) On the 3 day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that�e' RuS�i executed the same ires in hcapacity(ies), and that byc signature on the instnunent, the individual or the person upon behalf of whi Mdual acted executed the instrument. L„ Notary Public 9HOMAf F,0010"Jfi. Ntllew MUbIU buts of New York N0.4000660 OUSIPose In 6utfolk Coy(�ty Term Expires 1Tg1WF Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Dec-21 -01 3:46PM; Page B/9 State of New York ) ) ss.: County of Suffolk On Yhd�"—lay of August, of year 2001, before me, the undersigned, a Notary Public in and for said Slate, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me thatt tu5_ In ;T SdNCexecuted the same in h�_,Z capacity(ies), and that by her- signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public THOMASc �i �Notary jotw York No.46066dD ow11Hsa In surIVIK c Term Expires 1UJ7cugtr State of New York ) ss.: County of Suffolk ) On tha=7r�y of Aupst, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on thc: basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me thatQnlf.:er�Aj ItNSSI- f executed the same in { 1 <dZ capacity(ies), and that by signature on the instrument, the individual or the person upon behalf of whic ividual acted xeeuted the instrument. Notary Public = TNOMAS P,DOHERTY JH. Notary Pu611e state of NOW.York _.{;S Ne.dSD6SSD Ou4111100 irk$001k C*Sty Term Expires 12*1169— U'aU Wuc,.L, u,c ului vluunl UL "'PvdM a utlull UU11ULL Ul WLLIC .H1CZf1(11Y1uu61 aI.LCCI, CXfXiLLLfXr _ the instrument. I STATE OF NEW YORK s ss.: z County of Suffolk n n M I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State z of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY that n I have compared the annexed copy of 1-/8 —4 / /y1'OAr"e 9So 46CoADEl� o Q /[1 /Q�1/�`oc and that it is a just and true copy of such original r7oT/ �>e,6P and of the whole thereof. o IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County z and Court this yaM day of QGT• a OO/, - ,- ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f�� ' . . A Clerk Form No. 104 ,x•ioo..,meek. - m N (J A m ' V O N O (D O N O A m 5 d !0 (D � I r Vl� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 12 , 2003 Bennett Orlowski , Jr. , Chairman, and Southold Town Planning Board Southold Town Hall 53095 Main Road D Southold, NY 11971 By Hand IUk 13 M Re : Island Health Project Inc . , and Fishers Island Civic Association Southold?owe Plannin Boats Dear Chairmen and Board Members : Enclosed please find proposed parking design for existing Island Health Project building . Since my client is merely adding parking to the existing building in order to provide Handicap accessibility, we respectfully request that formal site plan submission be waived. Enclosed are 7 prints of the proposed parking configuration. This improvement will take the parking off of the street and provide handicap accessibility to the clients and employees . Thank you for your courtesies . Ver. ,ruly yours, j' lv G Patricia C. Moore cc : Mrs . Susie Parsons (fax 788-7366) Mr. Richard Mathews Esq. (537-3445) 0 PLANNING BOARD MEMBERS �gpFFO(,�c BENNETT ORLOWSKI,JR. Q�' 0 P.O. Box 1179 Chairman = Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGLSNO Telephone (631) 765-1938 WILLIAM J.CREMERS O Fax (631) 765-3136 KENNETH MART N H.SIDORRDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, March 10, 2003: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on April 14, 2003 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennetski, Jr. Chairman 777 PLANNING BOARD MEMBER OgISFF01,fc • BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman h� 'y� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 W RICHARD CAGGIANO Telephone (631) 765-1935 WILLIAM J.CREMERSKENNETH L. Fax (631) 765-3136 MARTIN H. SIDORDS oy�0.( `T0Q! PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, February 10, 2003: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on March 10, 2003 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, r Chairman • o��gUFFO(, PLANNING BOARD MEMBERS �c BENNETT ORLOWSKI,JR. �Q ava P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 Ca = Southold, New York 11971-0959 WILLIAM J.. CREMERS RICHARD Telephone (631) 765-1938 REM • `� KENNETH L. EDWARDS y�f0 a�� Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 14, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, January 13, 2003: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on February 10, 2003 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Chairman ���� PLANNING BOARD MEMBERS O��SUFFO(,�cD BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman �A Town Hall, 53095 State Route 25 0 y Z Southold, New York 11971-0959 WILLIAM J..CREMERS RICHARD Telephone (631) 765-1938 REM � KENNETH L. EDWARDSy Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 17, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, December 16, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on January 13, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Chairman PLANNING BOARD MEMBERS �OSOFFO(,�c BENNETT ORLOWSKI,JR. �� P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 CA Z Southold, New York 11971-0959 WILLIAM J.. CREMERS RICHARD Telephone(631) 765-1938 REM � KENNETH L. EDWARDS y?J�l �aO� Fax(631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, November 4, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on December 16, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Southold Town Planning Board Page Eight November 4, 2002 Chairman Orlowski: Island Health Project, Inc. - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. Patricia Moore, Esq.: I have been in touch with the attorneys for Anthoines who proposed objections. We want to merge the property - we acknowledge that they are merged. I think that when we go in for a Building Permit will be the determining factor of whether or not it is merged. It would be nice if we could get something written from this Board saying yeah, we have merged it. Thank you very much. The Board doesn't want to give anything back in writing so, ultimately, we would assume that, of course legally, the Building Department is whose got to give us a permit when the time comes to make modifications to it. So, it would make sense to keep it open. It is pretty much a moot argument because when you put two properties together intentionally intending to merge them, they merge. So, I have been told that the Town Board may be getting an application by the neighbor, Anthoine, to do a change-of-zone from their present zoning, which may be R-40, to Hamlet Business which is a quarter acre zoning designation. When that time comes, actually when you get a chance to review it - I am assuming that it is going to be filed and it is going to come to you for a recommendation - I would ask that the Board consider zoning, taking a look at the zoning of the adjacent properties which is Island Health and it would be logical to zone RPs to RO. That retains the acreage but it essentially legalizes the usage or makes the uses that are presently on the property permitted uses. So, it would be - rather than having us come in with two separate change-of-zone applications - since the neighbor wants to make a change-of- zone application that the Board would be asked to consider, at that time would be an opportune time to look at the zoning of the Island Health Project and bring it into conformity and the uses that are in that area within a hundred fifty feet of the proposed application. So, it may make sense to keep this open for now. It doesn't do anything other than your computer has to reprint it, but it would make sense to consider the zoning of the piece as well. So, just keep it in mind. Chairman Orlowski: I know we should at least every six months get a fee. Patricia Moore, Esq.: But you're not publishing it, are you? So, it's the cost of the paper. Chairman Orlowski: Well, is he in favor of it - is the neighbor now in favor of it? Patricia Moore, Esq.: The merging? Yes. Chairman Orlowski: He is. Then why can't you just get together and merge it and get rid of this? Patricia Moore, Esq.: We have actually. We've got a deed and both parcels are in a common name and, in fact, the application was to have the Board consider it merged, .nom•, Southold Town Planning Board Page Nine November 4, 2002 because originally their argument was that we could not merge it either so that they were throwing arguments from all directions and we said no, you know - Chairman Orlowski: Do they agree now that it could be merged? Patricia Moore, Esq.: Yes, they agree that it can be merged. Chairman Orlowski: They do? Well, that was the problem. Patricia Moore, Esq.: I don't know about the client but the attorney and I agree that it can be merged. Chairman Orlowski: Can somebody send us a letter saying that that's it because we haven't seen that letter? Patricia Moore, Esq.: I can ask the attorney to send a letter that acknowledges that the parcels have merged. Chairman Orlowski: Because as long as he goes along with it, we could take it off. Mr. Cremers: Then we could close the hearing. Patricia Moore, Esq.: I would like that too but given the nature of the neighbor and his objections, I can't do anything. Chairman Orlowski: Because we don't want to close it and make some kind of determination because there is no telling what - Patricia Moore, Esq.: That's right. Chairman Orlowski: Because if you can get that letter by the next meeting then we can get rid of it. Patricia Moore, Esq.: If the Town Board would accept their application for a HB Zoning - Hamlet Business Zoning - it says a quarter acre is appropriate zoning here then we don't want to merge it and keep them two separate parcels so that's the first time I have thought this as far as having a quarter acre. I think it keeps our options open to keep it open at least until we have the neighbor with his application under control. Chairman Orlowski: O.K. I will entertain a motion to keep this hearing open. Mr. Caggiano: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? 7� Southold Town Planning Board Pape Ten November 4, 2002 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Abstained: Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Mr. Edwards: I abstained for reasons previously stated. Chairman Orlowski: I will note that for the record. MAJOR AND MINOR SUBDIVISION, LOT LINE CHANGES AND SET OFF APPLICATIONS: Setting of Final Hearings: Chairman Orlowski: Estate of Leonor Wolf- This proposal is to set-off a 2 acre improved lot from a 24.40 acre parcel in the A-C Zoning District. The residual acreage (22.40 acres) will be perpetually preserved with the Peconic Land Trust. The property is located on Main Bayview Road, opposite Rambler Road in Southold. SCTM#1000-88-1- 11 Mr. Cremers: Mr. Chairman, I will offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, December 16, 2002, at 6:05 p.m. for a final public hearing on the maps, last revised May 17, 2002. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Edward III & Monica Harbes - This proposed set-off is for 2 lots on 44.219 acres on the north side of Sound Avenue in Mattituck, 2,174' west of Aldrich Lane. The lot to be setoff is 1.843 acres. SCTM#1000-112-1-7 Mr. Edwards: Mr. Chairman, I will offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, December 16, 2002 at 6:10 p.m. for a final public hearing on the maps, last revised August 28, 2002. PLANNING BOARD MEMBERS ��SUFFOI/r BENNETT ORLOWSKI,JR. ��� OGS P.O. Box 1179 Chairman o Town Hall, 53095 State Route 25 w Z Southold, New York 11971-0959 RICHARD CAGGIANO G Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L. DR ARDS y?J�l ��0� Fax (631) 765-3136 MARTIN SID PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, October 7, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on November 4, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, ennett Orlowski, Jr. cll Chairman PLANNING BOARD MEMBERS o�pS�FFO(,�co BENNETT ORLOWSKI,JR. h� Gy P.O. Box 1179 Chairman o= Town Hall,53095 State Route 25 y Z Southold, New York 11971-0959 WILLIAM J.. CREMERS RICHARD Telephone(631) 765-1938 REM • '� KENNETH L.EDWARDS y?j�l �a0Fax(631) 765-3136 MARTIN SIDOR . PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 10, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following tock place at a meeting of the Southold Town Planning Board held on Monday, September 9, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on October 7, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, L e . Bennett Orlowski, Jr. Chairman • �QgUFFOI/r PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �Q� G2 P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 WILLIAM J.. CREMERS RICHARD Telephone (631) 765-1938 REM • F KENNETH L.EDWARDS ydJ01 ��0� Fax(631) 765-3136 MARTIN SIDOR,JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 13, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.1. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, August 12, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on September 9, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, *ennett� k �� j G, Chairman PLANNING BOARD MEMBERSo��SUFFO(,�co BENNETT ORLOWSKI,JR. h`7, Gy P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N 2 Southold, New York 11971-0959 KENNETH L. EDWARDS O .LC Telephone (631) 765-1938 en��� � y Fax(631) 765-3136 RICHARD CAGGLSNO rnq,er„J svoN. T.Q. PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, July 8, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on August 12, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, - Bennett Orlowski, Jr. Chairman PI.ANNING BOARD MEMBE9 �0$OFF6Q' 0 BENNETT ORLOWSKI,JR. �� (/y P.O. Box 1179 Chairman = Town Hall, 53095 State Route 25 WILLIAM J. CREMERS y Z Southold, New York 11971-0959 KENNETH L. EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Oy `� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, May 13, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on June 10, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, en e t rlowski, ' e. Chairman AS PLANNING BOARD MEMB �OgOFFOL� �o • P.O. Box 1179 Chairman BENNETT O I,JR. _� Gy Town Hall, 53095 State Route 25 WILLIAM J. CREMERS y = Southold, New York 11971-0959 KENNETH L. EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Oy O`� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.1. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, April 8, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on May 13, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, X�'� C)'+.-Y.t4�jh Bennett Orlowski, Jr. Chairman t�210FICH4R9 M MATHEW PAGE 0'- FAX =FAX TRANSMISSION V MCFu6RD M. MATHEW, EBG., L.L.C. Aftomsy of Law Mah 6010 P-O.Boa 1428 BritlgNwnpton,Now York 11932 Tellphonx(031)637-1084;Fax(631)637.3446 To: Bennett Orlowski Doti: 2/S= Planning Board, Southold Fax ar 631765-3138 Pages: 3, including this cover sheet From: Richard M. Mathew, Esq. Subject: RE: NOTICE OF CLAIM against TOWN OF SOUTHOLD BUILDING DEPARTMENT, SOUTHOLD TOWN PLANNING BOARD, SOUTHOLD TOWN ATTORNEY, and TOWN OF SOUTHOLD, aid DEMAND FOR ISSUANCE OF CEASE AND DESIST AND STOP-WORK ORDERS COMMENTS: ( ) The orlpinal of the trammed document we be surd by mai. ( ) This wa be ft only form of dehwy of the transmitted dooument Narnaffs TTasaoompanyt iNM MrramunasionbeCONFIDENTIAL COMMUNICATION, Asauoh,kYMwddlobavNwadand read only by the hdMdual or antiy named above. k you are not Bre Intended recpNnt so named,YOU ARE PROHIBITED from rsadho rib bansmaebn. You aro abo notMed that any d Wmhatbn,dhabuWn or wpykV M this tranambabn a STRICTLY PROHIBITED. If you have receBred thbcommunk:aft horror.plane no*us knmedWNy bytNphOM and realm Ine Original nanambalon to us rY U.S.Posta Service. Thank you. 0 210,22 z! o_SD -73445 PICHSPD M y4-rHEO PAGE 02 0 It Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Tel:(631)537-1984 Fu:(631)5373445 Richard M. Mathew E-mail: RmmathewEgq@aol.com Maxine flirt Of Counsel February S, 2002 VIA FACSIMILE & MTIFIED MAIL (hnory Yakaboski, Esq. Town Attorney,Town of Southold P. O. Box 1179 Southold,New York 11971 Fax(631) 765-1823 Mr. Michael Verity Sr. Building inspector, Town of Southold Building Department P.O. Box 1179 Southold,New York 11971 Fax(631)765-9502 Mr. Bennett Orlowski Southold Town Planning Board PA, Box 1179 Southold,New York 11971 Fax(631) 765-3136 RE: NOTICE OF CLAIM against TOWN OF SOUTHOLD BUILDING DEPARTMENT, SOUTHOLD TOWN PLANNING BOARD, SOUTHOLD TOWN ATTORNEY, and TOWN OF SOUTHOLD, and DEMAND FOR ISSUANCE OF CEASE AND DESIST AND STOP-WORK ORDERS Dear Sus: Please be advised that this NOTICE OF CLAIM under General Municipal Law Section 50-e, Complaint and Demand For Issuance of Cease and Desist and Stop-Work Orders is issued by the above office on behalf of Windham Resources, LLC, Box 242, Fishers Island, NY 06390 (also known as "the Anthoine Family" on Fishers Island), owners of the residential properties in the Hamlet of Fishers Island known as Tax Map designation 1000-009.00-02.00-007.00 and 1000-009.00-02.00-006.01, and regards both the current illegal connereial use of the adjoining 0 2 vS'zG J- '-6: 6. .� RICHARD M H94`HEW PAGE 03 properties known as Tax Map designation 1000-009.00-02.00-008.00 and 006.02, and any future or continuing illegal uses of"Lots 8 or 6.2." FIRST: Please be advised and take notice that on or about January 7, 2002,the Southold Building Department, contrary to law, allegedly issued an illegal "finding" or in-house `ruling" that Lots 8 and 6.2 were now legally "merged" for their building department application and review purposes. This verbal or written finding (which was subsequently trade public by the Fishers Island Civic Association) is contrary to the laws of the Town of Southold and the existing case law in the Second Department of the Appellate Division,New York State Supreme Court. Furthermore, this case law was already brought to the attention of, and made a part of file of the Southold Town Planning Board, who were reviewing this identical subject matter in conjunction with an application before it. Further, on or about January 7, as a result of the said Building Department's action, the Southold Town Planning Board illegally"removed"the matter from it review in the pending proceedings. SECOND: Please be further advised and take notice that,effective January 14, 2002 and as advertised by public notice on Fishers Island, the `resident doctor" on Fishers Island moved his residence from the aforesaid Lot 8 to a new home on Madeline Avenue in the Hamlet of Fishers Island, and is therefore no longer resident at the Lot 8 referenced above. Such residency is a condition precedent to the operation of any professional office by any such practitioner upon that property. (See, Southold Town Code Section 100-3)C(2xb).) Accordingly, pursuant to Southold Town Code Sections 1.00-13 and 100-31 the continued use of Lot 8 (or any combination of Lots 8 and 6.2) as a "doctor's office" or 'medical clinic" or any other non- residential use and application is now in clear violation of the applicable zoning code `tome office"exceptions snd special requirements thereunder. THEREFORE, please be advised and take notice that should the Town of Southold Building Department, Southold Town Attorney and/or Southold Town Planning Board flail to take immediate enforcement and remedial action in the form of the issuance of immediate "cease and desist" and "stop-work" orders against Sound Medical Associates, P.C. (the medical practitioners now illegally operating a stand-alone "doctor's office" or"medical clinic" from Lot 8 and Island Health Project, Inc. (the owner of Lots 8 and 6.2), or fail to initiate immediate legal action against same to enjoin them from any continuing zoning and land use violations (should such offenders fail to immediately comply with such orders) the Complainant herein shall initiate an Article 78 and other legal proceedings against all the parties herein for mandamus mad injunctive relief, and declaratory judgment and monetary damages and attorney's fees as applicable. Thank you for your prompt attention to this matter. Very truly yours, Richard A Mathew PLANNING BOARD MEMBERS O�Q$VFF�(� C� • BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 WILLIAM J.CREMERS N Z Southold, New York 11971-0959 KENNETH L. EDWARDSQ Telephone (631) 765-1938 GEORGE RITCHIE LA O ,JR. y �`� Fax (631) 765-3136 I PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.1. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, March 11, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on April 8, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Q BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 .r0 �/ Chairman yJ� P.O. Box 1179 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS �y • �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. O Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Cresent Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, February 11, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on March 11, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Z061rzlotski, Jr. Chairman PLANNING BOARD MEMBERS ��OC� BENNETT ORLOWSKI,JR. h`L` P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS O Telephone (631) 765-1938 GEORGE Fax(631) 765-3136 RICHARD CAGG O PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 2002 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Creserit Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, January 14, 2002: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. The next regularly scheduled Planning Board Meeting will be held on February 11, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman o��gpfFO�,�co e� Gyp L C42 Town Hall,53095 Main Road T Fax(631)765-1823 P.O. Box 1179 Telephone(631)765-1802 Southold,New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: Victor L'Eplattenier, Senior Planner From: Michael Verity, Principal Building Inspector 01, JAN 1 i 21uuZ � Re: Fishers Island Civic Association a 7 Southold Town 1000-009-2-6.2 & S Pianning Board Date: January 11, 2002 Following a review of the single and separate search, submitted in reference to these properties, it appears that the lots in question have merged. PLANNING BOARD MEMBE41 o��S�FFOL t BENNETT ORLOWSKI,JR. hZ` P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS O .F Telephone (631) 765-1938 GEORGERICHARD CAGG O JR y��l * �� Fax(631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Principal Building Inspector From: Victor L'Eplattenier, Senior Plann�j�'J Re: Fishers Island Civic Association SCTM: 1000-009-2-6, and 8 Date: January 10,2002 Returned herewith is Pat Moores' letter to you regarding the lot merger for the above parcels. Please advise the Planning Board in writing after your final determination . In view of the fact that the lot line application is on the Planning Board Agenda for Monday, January 14,2002, your determination will guide the Boards action at the hearing. i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 756-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries January 3 , 2002 Town of Southold Building Department Southold Town Hall ei :_ 53095 Main Road �n�� 0 4 2�d' P .O. Box 1179 Southold Town Southold, New York 11971 (By Hand) Manning Board Re : Fishers Island Civic Association SCTM# 1000-009-2-6 . 2 and S Dear Mr. Verity: Enclosed please find a survey of the premises and a single & separate search which shows that the parcels have merged. The Planning Board has an application for lot line change to merge the parcels pending which we believe is no longer necessary since the parcels have merged. They requested your determination prior to taking any action. Thank you for your assistance in this matter, Very truly yours, Patricia C. Moore cc : Linda Margolin Southold Town Planning Board IHP FICA PLANNING BOARD MEMBER o�SpFFO(I(co • BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS O .F Telephone (631) 765-1938 GEORGE Fax (631) 765-3136 RICHARD CAGGI O PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. Located at the north corner of Oriental Ave. & Creserrt Ave., F.I. SCTM # 1000-9-2-6.2 & 8 Zone: R-40 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, December 10, 2001: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman f PLANNING BOARD MEMBER BENNETT ORLOWSKI,JR. =`Z`� vf. P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 WILLIAM J.CREMERS Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEOR RICHARD CAGG O JR yj,( .�`��� Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, N.Y. 11971 Re: Proposed Lot Line Change Island Health Project,lnc SCTM# 1000-9-2-6.2 & 6.8 Dear Ms. Moore: This office has received a request from the Town of Southold Building Department for further documentation as per the Town Code to assist them in a determination of the lot merger issue. Please provide a Title Search for the referenced parcels. Please contact this office if you have any questions regarding the above. Very truly yours, Victor L'Eplattvier Senior Planner gUFF011-c0 w Town Hall,53095 Main Road y. Fax(631)765-1823 P.O.Box 1179 . `� Telephone(631)765-1802 Southold,New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: Victor L'Eplattenier, Senior Planner From: Michael Verity, Principal Building Inspector Re: Fishers Island Civic Association SCTM: 1000-009-2-6.2 & 8 Date: January 11, 2002 Following a review of the si a land search, sub- Wed. in reference to these properties, it appears tha he lots in question have merged. PLANNING BOARD MEMBERS �gpFFO(,�c Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. ��� O P.O. Box 1179 Chairman WILLIAM J. CREMERS p Southold, New York 11971-0959 Fax(631) 765-3136 KENNETH L. EDWARDS H Z GEORGE RITCHIE LATHAM,JR. O Telephone (631) 765-1938 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Principal Building Inspector From: Valerie Scopaz, Town Planner Re: Island Health Lot line application, Fishers Island SCTM# 1000-9-2-6.2 and 6.6 Date: December 4, 2001 The Planning Board requests your review of the attached information and a determination if the two lots in question are considered merged by your department. The favor of a reply before the December 10th meeting would be appreciated. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary October 25, 2001 Bennett Orlowski, Jr. , Chairman, and Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 2001 Re : Island Health Project Inc . , and Fishers Island Civic Association SotdoldlWAn Dear Chairmen and Board Members : phoubseow Enclosed please find a copy of the recorded "correction deed" between Island Health Project Inc . , and the Fishers Island Civic Association dated August 27, 2001 and filed on October 9, 2001 in the Suffolk County Clerk' s office . The deed corrects the identity of the grantor of the lot designated 1000-90-2-6 . 2 from IHP to FICA, such that both contiguous lots are owned by the same party, FICA. In that the parcel is in the R-40 zoning district , requiring a minimum lot acreage of 40 , 000 square feet in area, and the contiguous parcels are held in common ownership, the undersized parcels have merged as a matter of law. The merging of the parcels makes the pending application for a lot line change moot . If you have any questions please do not hesitate to contact me. Very tr yours, Patricia C. Moore CC : Mrs . Susie Parsons, John S .W. Spofford, Albert Stickney, III, Linda Margolin Esq. , Richard Mathews Esq. WHEREAS, Island Health Project ( "IHP" ) and Fishers Island Civic Association ("FICA" ) as the owners of two contiguous lots, 1000-90 . 00-2 . 00-6 . 002 and 1000-90 . 00-2 . 00-5 . 00 , respectively filed an application with the Planning Board of the Town of Southold on or about March 7, 2001, for a lot line change, which application if granted would create a single lot from the lots separately owned by IHP and FICA, and WHEREAS, the Planning Board of the Town of Southold has yet to act upon such application, and WHEREAS, the Planning Board has been furnished with evidence that on October 9, 2001, a deed was filed with the Suffolk County Clerk correcting the identity of the grantor of the lot designated 1000-90 . 00-2 . 00-6 . 002 from IHP to FICA, such that both contiguous lots are now owned by the same party, FICA, and WHEREAS, the zoning district where the two contiguous parcels are located requires a minimum lot area of 40, 000 square feet or one acre, and neither of the two contiguous parcels is equal to or greater than 40, 000 square feet in area, and it appearing to the Planning Board that as a matter of law, a merger of the two contiguous parcels has occurred effective with the date of the correction deed, August 27, 2001, be it now RESOLVED, that the Planning Board denies the pending application for a lot line change as moot, the two parcels in question having already been merged by operation of law as a matter of law as of August 27, 2001 . Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12- 10:44AM; Page 2 I IIIIIII IIII VIII VIII VIII ILII VIII ILII VIII IIII IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Recorded: 10/09/2001 Number of Pages: 5 At: 02: 18:23 PM TRANSFER TAX NUMBER: 01-09570 LIBER: D00012145 PAGE: 950 District: Section: Block: Lot: 1000 090.00 02.00 006. 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5 . 00 NO COE $5 .00 NO EA-CTY $5 .00 NO EA-STATE $25.00 NO TP-584 $5. 00 NO Notation $0 .50 NO Cert.Copies $4 . 00 NO RPT $15.00 NO SCTM $0. 00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $79 .50 TRANSFER TAX NUMBER: 01-09570 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Sent By: BRACKEN AND MARGOLIN� 831 234 8702; Oct-12-01 10: Page 3 LI... 2 Number of pages J no_ reel rq :2,;!.;;a.< M TORRENS Ed.•xrd P.Rceei^.e CLERK 3F Serial# urFO k +;O,UOT.Y L DBCLQ-_14`• Certificate# F 950 , ? p1.y:Y57n Prior Cuf.N Deed I Murlgage hesnwneul Dead/Mortgage Tax Stamp Recording/filing Stamps C FEES Page/Filing Fee _ Mortgage AmL Handling 1.Basic T►x r TP-584 S 2.Additional Tax Notation ! Sub Total _ FA-52 17(County) J Sub Total ��S� SPcc./Aesit. r or EA-5217(State) o��!-_ Spec./Add. _ RP.TS.A ,is _00 TOT.MTG.TAX Dual Town Dual County` Comm.of Ed. 5 QQ_ Bpa held for Apportionment Alli • • Tnumfer 71x Certified Copy ,' Mansion Tax The property covered by this mortgage Is or Reg.Copy will be improved by a one or two family Sub Total7�•, dwelling only. Other �/Q Q� YEg or NO_ GRAND TOTAL / / Ill NO3 see appropriate tax clause on page# _of this instrument. 4 Rai Property Tax Service Agency Verification 6, Community Preservation Fund toeam• Dial. section 8loek Lot Cousideralion Annount$ 100C) o9, 00 W.W 6Lk.Q CPP Tax Due S a '- Oete N�rf�1 Improved Initials L.,) Vacant Land 7 Satisfactions/DischargWReleasa List Property Owners Mailing Addres I'D �RECORD R ART RN'f0 �n / �/ 1.,C /-lent P TD I IT) � � �uatie , S•��c 300 g itleCompany l fo ation VVV Co. Name Title M Suffolk County Recording & Endorse=ht Page This page forms part of die aaacltod made by: -7�— (SPECIFY TYPE OF K%?j ff W) T]re presrri r herein is situated in -T SUFFOLK COLWN,NEW YORK. rr ) TO /' In dx'fowtahip of 6WAdd S/ SGrn�Q CIVIC, In the VIU AGE A � ��SOGd�f 6 Y\ I /�C• or HAMI LT of � ihi s BOXES 5 TI IRU 9 MUST BE TYPEI)OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING ORFILTNG. Sent By: BRACKEN AND MARGOLIN� 831 234 8702; Oct-12-01 10:4 Page 4 Dear Taxpayer, Your satisfaction of mortgage has been filed In my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment Included your property taxes, vsu wlll now need to contact your local Town Tax Receiver so that yoi� be billed directly for all future property lux blu- Local property taxes are payable twice a year: on or before January 10'"and(in or before.May 31•'. Failure to make payments In a timely fashion crnild result In a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst. N.Y. 11757 Riverhead. N.Y. 11901 (631) 957-3004 (631) 727-9200 DrGokhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 1 1964 (631) 473-0236 (631) 749-3338 . East Hampton Town Receiver of Taxes Smithtown Town Receiver of'raxes 300 Pantlgo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of-faxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283.6514 Islip Town Receiver of Taxes Southold Town Receiver of'taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold. N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, - /� .t� Edward P. Romaine Suffolk County Clerk dw 2/99 Sent 9y: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12- 10:45AM; Page 5 CORRECTION DEED NO CONSIDERATION This Decd is given to correct and replace Deed Dated February 16, 1978, recorded in the Clerk's Office in the County of Suffolk on February 17, 1978 at Liber 8394 page 37,for no consideration, in order to carred the identity of the grantee, THIS INDENTURE,made the"31 ' y of August, two thousand and one. BETWEEN FISHERS ISLAND UTILITY COMPANY,INC.,a New York corporation. with an address of Main Street,Fishers Island, Now York, 06390 party of the flrst part, and FISHERS ISLAND CMC ASSOCIATION,INC., with an address of Main Street, Fishers Island,New York, 06390, party of the second part, and, solely for the purpose of consenting to this Correction Decd, ISLAND HEALTH PROJECT,INC., aNew York not-for-profit corporation with an address of Main Street,P.O. Box 344,Fishers Island,New York, 06390 the grantee of the Deed Dated February 16, 1978, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the parry of the second part,does hereby grant and release unto the parry of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate,lying and being at FISHERS ISLAND,TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK,being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwesterly line of Crescent Avenue, said point also being located 2417.82 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station"PROS" and thence running along said Oriental Avenue line North 370 43' 20"West 144.99 feet; thence North 52° 16' 40"East 74.67 feet;thence South 37°43' 20" East 142. feet to said Crescent Avenue line, thence along said road line South 50° 06' 20"West 74.73 feet to the point of beginning. Containing 0.25 acres,more or less. Sent By; BRACKEN AND MARGOLIN; • 631 234 8702; Oct-12 10:45AM; Page 6/9 BFING a portion of those premises granted to the party of the first part by deed of West End Land Company, Incorporated dated June 6, 1966 and recorded June 13, 1966 with the Office of the Clerk of the County of Suffolk in Volume 5973 at Page 17. IN'WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year fust above written. IN THE PAESENCF, OF. FISHERS ISLAND UTILITY COMPANY,INC. RY• ecretary Presjd ,t Gfc+dE-.sT�so� S The making and filing of this correction Deed is consented to by: ISLAND HBALTH PROJECT,INC- ��Ct< BY: �J Q�e v vv J Secretary President Sent By: BRACKEN AND MARGOLIN; 631 234 9702; Oct-12- 10:45AM; Page 7/9 State of New York ) )ss.: County of Suffolk ) On the .31 day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that-r.6ftyn W Ztd kiS executed the .same in WS. capacity(ies), and that by -M C signature on the instrument, the individual or the person upon behalf of whit} 'vidual ac executed the instrument i Notary Public TNOMA9 F.DONERTY JR. Notary PWAIo State of Now York No.WOW ouallllra In Suffolk OTAMP Thin Etplroa 11> State of New York ) ss.: County of Suffolk ) On the I�L day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that executed the same in ht42- capacity(ies), and that by ?a- signature on the instrument,the individual or the person upon behalf of whi:Notary;PublicX ed the instrumernt TNOMAI F.W"1111wi". NOlm 00116 uua 01 New Yak No./006560 Ousofte In nWfolkCWIV Term Ea0lrea 1213 Sent By: BRACKEN AND MARGOLIN; 831 234 8702; Oct-12- 10:48AM; Page 819 State of New York ) )as.: County of Suffolk� On thea 1`say of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to mei on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged-to me that, NSexecuted the same in h rn� capacity(es), and that by � signature on the instrument,'the individual or the person upon behalf of which_1he individual acted, executed the instrument. r Notary public Ne wy PUNIO Sow of Now Yirk Na dMose rrts11450In sillfolk eourlty Twm E.pked lftj4/ State of New York ) ss.: County of Suffolk ) On th*L7 may of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared,personally {mown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me thzu= iC l;J'eN SSW executed the same in .hwz- capacity(ies), and that by & _ signature on the instrument, the individual or the person upon behalf of whic vidual a executed the instrument. Notary Public 04�E•J-10 0iU _Gb d TNIDMMp,t)ONERTY'JN. sv'�7.(uwC I N010rp Puboo silts 01 Now.York ii9fi0'J :d�I:LJIY_^ No.4000550 �D c3l`J Ouovl6oeInawfolkConR4ty Torm E[p1ros 12J21 AM- 5u�ruad'd p.i`"N3 730�0C3� Sent By: BRACKEN AND MARGOLIN; 831 234 8702; Oct-12-0110:48AM; Page 9/9 0 STATE OF NEW YORK Courtly of Suffolk ss.: I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court treing a Court of Record(DO HEREBY CERTIFY that I have compared the annexed copy of 4/604 //��tl/y�P�� 9s-a I-eco e GAO and that it is a just and true copy of such�� Ind au C Of the whole thereof. � /7v ti � -'� and IN TESTIMONY WHEREOF,I have hereunto set m hand and affixed the seal of said County and-Court this �/� day of . . . . . . .. . . . . . . .. . .. . . . .. . . . . . .. . . . . . Form No. 104 Clerk, +zra..i�nw, Richard M. Mathew, Esq. LLC s Attorneys at Law yy Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Tel: (631)537-1984 Fax: (631) 537-3445 Richard M. Mathew E-mail: RMMathewEsq@aol.com Maxine Hirt Of Counsel BY HAND 10 September 2001 Planning Board Town of Southold Town Hall OtJ 2001 Southold,New York 11971 Re: Island Health Project,Inc. ( y,ti " Application for Lot Line Modification Dear Board Members: As you know, this office represents Windham Resources, LLC, and the Anthoine family (which includes Nina W. Leth), who are objecting to the above-referenced application currently before your board. This letter is intended as our response to the materials submitted by Pat Moore, attorney for the applicant, at the opening of the public hearing on the application on July 16, 2001. Please include the letter in the record of hearing. For the record, Island Health Project seeks a lot line modification to merge Fishers Island lots identified as 1000-9-2-8 and 1000-9-2-6.2 ("Lot 6.2") on the Suffolk County Tax Map. My clients believe that Lot 6.2 does not legally exist; rather, it is part of undivided lot number 1000-9-2-6 ("Lot 611). Our position is more fully set forth by letter dated July 16, 2001, which I submitted at the opening of the hearing. Among other things, Ms. Moore claims that the Anthoines have forfeited their right to advise the board that Lot 6.2 does not legally exist because they have enjoyed the ownership of its sister"lot," number 1000-9-2-6.1 ("Lot 6.1"), since 1978. Not for one minute do the Anthoines mean to suggest they do not own the land currently identified as Lot 6.1. After all, it was conveyed by deed to their predecessor in interest, Edith Anthoine, in 1978. However, the fact that a portion of Lot 6 was conveyed more than 20 years ago to Edith Anthoine, and the remainder to Island Health Project, 0 Richard M. Mathew, Esq. LLC does not mean that the land identified as Lot 6 currently enjoys legal status as two separate lots, i.e. Lots 6.1 and 6.2. The Southold Town Board, in 1995 and 1997, adopted and amended Southold Town Code Section 100-24 ("Section 100-24"), which addresses the question of what constitutes a legal lot within the town. That section provides in relevant part as follows: A. A lot created by deed or town approval shall be recognized by the town if any one of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA as of the date of lot creation. (2) The lot(s) in question is/are approved by the Southold Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. (Emphasis supplied). It appears that Section 100-24 controls whether Lots 6.1 and 6.2 are single and separate parcels. Subsections (A) (2), (3), and (4) are irrelevant here since, to the best of my knowledge, there has been no prior Town Board, Planning Board or Zoning Board of Appeals action concerning Lot 6. That leaves subsection(A)(1). It is without question that separate portions of Lot 6 were conveyed to Edith Anthoine and Island Health Project by deeds during 1978. However, that lot, even prior to the 1978 conveyances, did not meet the then-minimum lot requirement for lots in a residential zone, according to Bulk Schedule AA, a copy of which is attached hereto. That requirement was 40,000 square feet; Lot 6 consisted of .64 acre, which is considerably less than 40,000 square feet. Lot 6 having failed to meet the tests of any part of subsection(A), one need not address whether any lots have merged. * . 0 Richard M. Mathew, Esq. LLC Thus, there is no part of Section 100-24 that operates to give legal status to Lot 6.2. By virtue of Section 100-24(B), I respectfully submit you are enjoined from considering the instant lot line modification application. At minimum, prior to your considering this application, another application would have to be filed with you to have Lot 6 recognized as two separate parcels as provided in the 1978 deeds. However, Windham Resources would be a necessary party to that application, and I advise you it will not participate. Beyond the law is a policy issue that I believe the Board must seriously consider. If the Board were to approve this application, it would be according legal rights to an illegal subdivision. The precedential value of such an action might very well have wide and negative implications for the town as a whole by encouraging owners of other illegal subdivisions to submit similar applications! Because of the foregoing and Section 100-11(B) of the Town Code, which addresses conflicts between the code and any rules and regulations promulgated thereunder, Ms. Moore's discussion of the Planning Board rules and regulations, current and historic, is irrelevant. Moreover, my office has been advised by the Southold Town Attorney that the so-called rules and regulations were never committed to writing and that the Zoning Code now controls all issues that prior Planning Board practice may have covered. Thank you for the opportunity to present our views. Very truly yours, I Richard M. Mathew Encl. f' '1 • � o fi � 4 yl Yk 1 x} ` Nm 31, ". ZONING Town of Southold Bulk Schedule AA } [Added 11-28-1995 by L.L.No.23-1995; am ended 7-22-1397 by L.L.No.22-19971 Lot Size (square Width Depth Date of Lot Creation feet) (feet) (feet) Prior to April 9, 1957 Any Any Any Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 Any B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,000 50 Any Multiple-Residence Zone 12,500 100 Any C Industrial Zone 12,500 100 Any Between December 2, 1971, and June 30, 1983 A Residential Zone 40,000 135 175 M Light Multiple Residence 40,000 135 Any M_1 Multiple Residence 80,000 0 200 Any Zone B-Light Business Zone 20,000 60 Any B-1 General Business Zone 30,000 150 Any C-Light Industrial Zone 40,000 200 Any C-1 Heavy Industrial Zone 200,00 300 Any I I iI i I i it 8-10-97 Richard M. Mathew, Esq. LLC Attorneys at Law G Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Tel: (631)537-1984 Fax: (631)537-3445 Richard M. Mathew E-mail:RMMathewEsq@aol.com Maxine Hirt Of Counsel 29 October 2001 Planning Board 1k , Town of Southold Town Hall OCT ,� (� Southold,New York 11971 Re: Island Health Project, Inc. -7ovt -14 Tow- Lot Line Modification Dear Board Members: As you know, I represent Windham Resources, LLC, and the Anthoine family, owners of Fishers Island lots contiguous to property owned by Island Health Project, Inc. ("IHP"), and Fishers Island Civic Association('FICA"). On my clients' behalf, I have appeared at several of your recent meetings to object to the above-referenced application for a lot line modification that would merge those lots, identified as Nos. 1000-9-2-8 and 1000-9-2-6.2 ("Lot 6.2") on the Suffolk County Tax Map. I have received a copy of the October 25, 2001 letter sent to you by Patricia Moore, attorney for IHP, which advises you that a deed has been executed that transfers Lot 6.2 from IHP to FICA. Ms. Moore further withdrew the above-referenced application, claiming it has been rendered moot by the transfer because the lots in question have merged by operation of law. Although it is Ms. Moore's prerogative to withdraw the application, I strenuously object to her characterization of the implications of the land transfer. The two "lots" now owned by FICA cannot possibly merge because, contrary to Ms. Moore's assertion, the parcels are not held in common ownership. Windham Resources is a part owner of the lot putatively designated as Lot 6.2, which does not legally exist. I am enclosing a copy of a letter, dated September 10, 2001, that I had intended to submit at the next scheduled hearing date for the IHP lot line modification application. It explains, in detail, why Town of Southold law prohibits recognition of Lot 6.2 as a single and separate parcel. I respectfully refer you to that letter for an explanation of our position on this matter. It is unclear to me what steps IIIP-FICA will next take in their zeal to obtain permits to construct a patently Illegal health care center on the property contiguous to my clients'. However, whatever that step may be, they may rest assured we will be there to point out the illegality of the so-called merger, among other things. Very truly yours, Richard M. Mathew Encl. cc: Nina W. Leth Patricia C. Moore, Esq. PLANNING BOARD MEMBERS Q BENNETT ORLOW5KI,JR.rmTown Hall, 53095 State Route 25 =.Z.� G,y Chairman P.O. Box 1179 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS W Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. O` Fax(631) 765-3136 RICHARD CAGGLSNO PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board held on Monday, November 5, 2001: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman enc. PV— PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary October 25 , 2001 Bennett Orlowski, Jr. , Chairman, and Southold Town Planning BoardS1! Southold Town Hall 53095 Main Road Southold, NY 11971 Z06 2001 Re : Island Health Project Inc . , and Fishers Island Civic Association SOUWWTOM Dear Chairmen and Board Members : Enclosed please find a copy of the recorded "correction deed" between Island Health Project Inc . , and the Fishers Island Civic Association dated August 27, 2001 and filed on October 9, 2001 in the Suffolk County Clerk' s office . The deed corrects the identity of the grantor of the lot designated 1000-90-2-6 . 2 from IHP to FICA, such that both contiguous lots are owned by the same party, FICA. In that the parcel is in the R-40 zoning district, requiring a minimum lot acreage of 40, 000 square feet in area, and the contiguous parcels are held in common ownership, the undersized parcels have merged as a matter of law. The merging of the parcels makes the pending application for a lot line change moot . If you have any questions please do not hesitate to contact me. Very tr y yours, Patri a Moore CC : Mrs . Susie Parsons, John S .W. Spofford, Albert Stickney, III , Linda Margolin Esq. , Richard Mathews Esq. WHEREAS, Island Health Project ( "IHP" ) and Fishers Island Civic Association ( "FICA" ) as the owners of two contiguous lots, 1000-90 . 00-2 . 00-6 . 002 and 1000-90 . 00-2 . 00-8 . 00 , respectively filed an application with the Planning Board of the Town of Southold on or about March 7, 2001, for a lot line change, which application if granted would create a single lot from the lots separately owned by IHP and FICA, and WHEREAS, the Planning Board of the Town of Southold has yet to act upon such application, and WHEREAS, the Planning Board has been furnished with evidence that on October 9, 2001, a deed was filed with the Suffolk County Clerk correcting the identity of the grantor of the lot designated 1000-90 . 00-2 . 00-6 . 002 from IHP to FICA, such that both contiguous lots are now owned by the same party, FICA, and WHEREAS, the zoning district where the two contiguous parcels are located requires a minimum lot area of 40, 000 square feet or one acre, and neither of the two contiguous parcels is equal to or greater than 40, 000 square feet in area, and it appearing to the Planning Board that as a matter of law, a merger of the two contiguous parcels has occurred effective with the date of the correction deed, August 27, 2001, be it now RESOLVED, that the Planning Board denies the pending application for a lot line change as moot, the two parcels in question having already been merged by operation of law as a matter of law as of August 27, 2001 . Sent By: BRACKEN AND MARGOLIN; • 631 234 8702; Oct-12-01 10:44AM; Page 2 11111111111111 IN 11111111111111111 IN III I SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Recorded: 10/09/2001 Number of Pages: 5 At: 02 :18:23 PN TRANSFER TAX NUMBER: 01-09570 LIBER: D00012145 PAGE: 950 District: Section: Block: Lot: 1000 090.00 02 .00 006 . 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5.00 NO COE $5.00 NO EA-CTY $5.00 NO EA-STATE $25.00 NO TP-584 $5. 00 NO Notation $0.50 NO Cert.Copies $4. 00 NO RPT $15.00 NO SCTM $0. 00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $79 .50 TRANSFER TAX NUMBER: 01-09570 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:44AM; Page 3 2R.E1 • Number ofpages �'���" � !00? Oct TORRENS E3•srd P.Rooaine v Eco OF Serial L :VVI-.195 Certificate N P 950 ..= Q1-1:957' Prior Of N Deed I Murtgage hrstrunun Decd/Mortgage Tax Stamp Recording/piling Stamps d FEES Page/Filing Fee ~_ Mortgage Amt Handling 1.BasicTax _ TP-584 2.Additional Tax _ Notation Bob Total _ FA-5217(Caunly) Sub Total 3�'.� Spec/AssiL Or EA-5217(State) Spec. 1` /AMI. RP-T.S.A. TOT.MTG.TAX _ Dual Town_Wal County_ Comm.of Fd. S Q� 4 Held for Apportionment_ Alli 'I'ransRr'fu Certified Copy V® Mention Tax The property covered by this mortgage is or Reg.Copy /'// will be improved by a one or two family Sub Total Y dwelling only. Other /q YFS orNO GRAND TOTAL / / � f NO,see appropriate tez clause on page N of this instrument Real Property Tax Service Agency Verification 6, Community Preservation Fund txeam Dist.. / Sections ^�18lack � ,W� Lot Consideration Amount S C OOO , 00 Wt�W X6,U CPr Tax Due S Qr Date HHia I Improved Initials coy Vacant Land k i Satisfactions/DischargeWReicasa List Property Owners Mailing Address Ip 6rIti n 1.^ �RECORD 6 RRT RN TOi / Jr P TD I I'b Title Company Ipforipation Co.Name Title fl Suffolk County Recordin4 & Endorseme t Page This page fix-ries pmt of the atteclied made by: / (SPEOFV TYPE OF INSTRUMENT) t -`5 /I The premises herein is situated in 2 (JY SUFFOLK COUNTY,NEW YORK. To In the'1'ownslsip ofl/ .$ CI V IG In the VII.I.A('E �S17Gd�16Y1 l /tri or HAMLET of 4.Sk'/s BOXES 5 TI IRI)9 MUST BE TYPE[)ORPRINM IN BLACK INK ONLY PRIOR•1.O RECORDING ORFILINO. Sent By: BRACKEN AND MARGOLIN; 831 234 8702; Oct-12-01 10:45AM; Page 4 Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to conta. your local Town Tax Race so that you may be billed directly for all future orooerLy L bills• _ Local property taxes are payable twice a year: on or before January 30' and on or before May 31 Failure to make payments in a timely fashion could result In a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall PortJefferson. N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 . East Hampton Town Receiver of Taxes Smithtown Town Receiver of'raxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360.7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283.6514 Islip Town Receiver of Taxes Southold Town Receiver af'1-axes 40 Nassau Avenue 53095 Main StreeL Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (6311 765-1803 Sincerely, �L Mu t Edward P. Romaine Suffolk County Clerk dw 2/99 Sent By: BRACKEN AND MARGOLIN; • 631 234 6702; Oct-12-011 10:45AM; Page 5 CORRECTION DEED NO CONSIDERATION This peed is given to correct and replace Deed Dated February 16, 1978, recorded in the Clerk's Office in the County of Suffolk on February 17, 1978 at Liber 9394 Page 37,for no consideration,to order to correct the identity of thegrantee. THIS INDENTURE,made the���y of August, two thousand and one. BETWEEN FISHERS ISLAND UTILITY COMPANY, INC., a New York corporation with an address of Main Street,Fishers Island, Now York, 06390 party of the first part, and FISHERS ISLAND CIVIC ASSOCIATION,INC., with an address of Main Street, Fishers Island,New York, 06390, party of the second part, and, solely for the purpose of consenting to this Correction Deed, ISLAND HEALTH PROJECT,INC., a New York not-for-profit corporation with an address of Main Street,P.O.Box 344,Fishers Island,New York, 06390 the grantee of the Deed Dated February 16, 1978, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the parry of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate,lying and being at FISHERS ISLAND, TOWN OF SOUTHOLD,COUNTY OF SUFFOLK, STATE OF NEW YORK, being bounded and described as follows: BEGINNING at a monument at the intersection of the Northeasterly line of Oriental Avenue and the Northwesterly line of Crescent Avenue,said point also being located 2417.82 feet North of a point which is 2003.32 feet West of a monument marking United States Coast and Geodetic Survey Triangulation Station "PROS"and thence naming along said Oriental Avenue line North 37" 43' 20"West 144.99 feet; thence North 52' 16' 40"East 74.67 feet;thence South 37°43' 20"East 142. feet to said Crescent Avenue line,thence along said road line South 500 06' 20"West 74.73 feet to the point of beginning. Containing 0.25 acres,more or less. Sent By: BRACKEN AND MARGOLIN; • 631 234 8702; Oct-1210:45AM; Page 6/9 BFING a portion of those premises granted to the party of the first part by deed of West End Land Company, Incorporated dated June 6, 1966 and recorded June 13, 1966 with the Office of the Clerk of the County of Suffolk in Volume 5973 at Page 17. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year fust above written. IN THE PRESENCE OF. FISHERS ISLAND UTILITY COMPANY, INC. �Z c RY• —~ ecretary ��' GfdC{�.5�1�25O1.1 S e-, CI.LL.C.�fYIOI..Lti_ The making and filing of this correction Deed is consented to by: ISLAND AhALTH PROJECT,INC- ^sC� BY: t�/l v ''✓ J Secretary President Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:45AM; Page 7/9 State of New York ) )ss.: County of Suffolk ) On the 3 day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that-.'r.GEMMS rr%al0 til S executed the same in 4RS. capacity(ies), and that by _ -MS signature on the instrument, the individual or the person upon behalf of whit ividual ae executed the instrument. i Notary Public TNOMAI R.DONERTY JR. Notary PuMle Safe of Now York No.41110E1139 Ou01111"In Suffolk Cern Twinf1 Ekplro1=1 State of New York ) ss.: County of Suffolk ) do the.31 day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that executed the same in hires capacity(ies), and that by EU2- signature on the instrument,the individual or the person upon behalf of whi 'vidual act executed the instrument. Notary Public THOM"t.6oifto"in. NSYry Sufrlfo Mato of Now York No.4=51111 OwNSw In Sulfolk C W tV Tum Expire 12/1101— Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:46AM; Page 8/9 State of New York ) )ss.: County of Suffolk On thea "'••day of August, of year 2001, before me, the undersigned, a Notary Public in and for said State,personally appeared,personally known to me or proved to me. on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that `�N executed the same in h S.2- capacity(ies), and that by rclL signature on the instrument,the individual or the person upon behalf of which a individual acted, executed the instrument. t � � Notary Public Ne'ri P«y so#@ Of NO irk Na"OnP fAWMO01n W1fo1k(I q Tann Expin0 1201 r State of New York ) ss.: County of Suffolk `) On tha�7L ,3ay of August, of year 2001, before me, the undersigned, a Notary Public in and for said State,personally appeared,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that hat 2iW1;:ftly%4;9tj executed the same in .hu-12— capacity(ics), and that by 1.n __ signature on the instrument, the individual or the person upon b77:;; acted executed the instrument. OtaE•:�-'.0 Biu _�}z• d TNOAIAt/,OOHEIITY JR. Sv v�i u�u0 I NOISry Publk/vu o•Mwy.York %191 iL'� !Q-4. �;ti No.OOSSSS �D i e'lJ OuSrlaoe In Suffolk County tJrtn E[pirnn 12AIM11-- kd 'i':�81 :Z"j EC• t:c. TD07. <l39•�0O3d Sent By: BRACKEN AND MARGOLIN; 631 234 8702; Oct-12-01 10:46AM; Page 9/9 STATE OF NEW YORK County of Suffolk as. I, EDWARD P. ROMAINE,Clerical the CountyofSuffolk and Clerk of the Supr eCo the Stab of New York in andfor said County Nald Court being a Court of Record DO HEREBY urtal Ythat I have compared the annexed copy of /�L / /yrp 9S0 46COAOZW and that it is a just and true copy ueh/O it a °� Of the whole thereof. Caee6_'I70 A/ IN TESTIMONY WHEREOF,Ihave hereunto setmyhandandafllxedtltesealoisaldCowgy and Court this �f''�h day of 01C . . .. . . . . . . . . . . .. . . . .. . . . . . . . . .. .a Form No. 104 Clerk, 1b10L.l=km I Richard M. Mathew, Esq. LLC s Attorneys at Law _ Main Street, P. O. Box 1428 Gy Bridgehampton, New York 11932 Tel: (631)537-1984 Fax: (631)537-3445 Richard M. Mathew E-mail: RMMathewEsq@aol.com Maxine Hirt Of Counsel BY HAND 10 September 2001 W Planning Board Town of Southold Town Hall 3 0 Southold,New York 11971 Re: Island Health Project, Inc. Application for Lot Line Modification Dear Board Members: As you know, this office represents Windham Resources, LLC, and the Anthoine family (which includes Nina W. Leth), who are objecting to the above-referenced application currently before your board. This letter is intended as our response to the materials submitted by Pat Moore, attorney for the applicant, at the opening of the public hearing on the application on July 16, 2001. Please include the letter in the record of hearing. For the record, Island Health Project seeks a lot line modification to merge Fishers Island lots identified as 1000-9-2-8 and 1000-9-2-6.2 ("Lot 6.2") on the Suffolk County Tax Map. My clients believe that Lot 6.2 does not legally exist; rather, it is part of undivided lot number 1000-9-2-6 ("Lot 6"). Our position is more fully set forth by letter dated July 16, 2001, which I submitted at the opening of the hearing. Among other things, Ms. Moore claims that the Anthoines have forfeited their right to advise the board that Lot 6.2 does not legally exist because they have enjoyed the ownership of its sister"lot," number 1000-9-2-6.1 ("Lot 6.1"), since 1978. Not for one minute do the Anthoines mean to suggest they do not own the land currently identified as Lot 6.1. After all, it was conveyed by deed to their predecessor in interest, Edith Anthoine, in 1978. However, the fact that a portion of Lot 6 was conveyed more than 20 years ago to Edith Anthoine, and the remainder to Island Health Project, Richard M. Mathew, Esq. LLC does not mean that the land identified as Lot 6 currently enjoys legal status as two separate lots, i.e. Lots 6.1 and 6.2. The Southold Town Board, in 1995 and 1997, adopted and amended Southold Town Code Section 100-24 ("Section 100-24"), which addresses the question of what constitutes a legal lot within the town. That section provides in relevant part as follows: A. A lot created by deed or town approval shall be recognized by the town if any one of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30, 1983, and the lot conformed to the minimum lot requirements) set forth in Bulk Schedule AA as of the date of lot creation. (2) The lot(s) in question is/are approved by the Southold Planning Board. (3) The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30, 1983. (4) The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30, 1983. B. All lots which are not recognized by the town pursuant to the above section shall not receive any building permits or other development entitlements. (Emphasis supplied). It appears that Section 100-24 controls whether Lots 6.1 and 6.2 are single and separate parcels. Subsections (A) (2), (3), and (4) are irrelevant here since, to the best of my knowledge, there has been no prior Town Board, Planning Board or Zoning Board of Appeals action concerning Lot 6. That leaves subsection(A)(1). It is without question that separate portions of Lot 6 were conveyed to Edith Anthoine and Island Health Project by deeds during 1978. However, that lot, even prior to the 1978 conveyances, did not meet the then-minimum lot requirement for lots in a residential zone, according to Bulk Schedule AA, a copy of which is attached hereto. That requirement was 40,000 square feet; Lot 6 consisted of .64 acre, which is considerably less than 40,000 square feet. Lot 6 having failed to meet the tests of any part of subsection(A), one need not address whether any lots have merged. Richard M. Mathew, Esq. LLC Thus, there is no part of Section 100-24 that operates to give legal status to Lot 6.2. By virtue of Section 100-24(B), I respectfully submit you are enjoined from considering the instant lot line modification application. At minimum, prior to your considering this application, another application would have to be filed with you to have Lot 6 recognized as two separate parcels as provided in the 1978 deeds. However, Windham Resources would be a necessary party to that application, and I advise you it will not participate. Beyond the law is a policy issue that I believe the Board must seriously consider. If the Board were to approve this application, it would be according legal rights to an illegal subdivision. The precedential value of such an action might very well have wide and negative implications for the town as a whole by encouraging owners of other illegal subdivisions to submit similar applications! Because of the foregoing and Section 100-11(B) of the Town Code, which addresses conflicts between the code and any rules and regulations promulgated thereunder, Ms. Moore's discussion of the Planning Board rules and regulations, current and historic, is irrelevant. Moreover, my office has been advised by the Southold Town Attorney that the so-called rules and regulations were never committed to writing and that the Zoning Code now controls all issues that prior Planning Board practice may have covered. Thank you for the opportunity to present our views. Very truly yours, 1 . Richard M. Mathew Encl. s i p f•' nF%! Y dr �ti _0 uty ZONING Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L.No.23-1995; amended 7-22-1997 by L.L.No.22-1997] Lot Size (square Width Depth Date of Lot Creation feet) (feet) (feet) Prior to April 9, 1957 Any Any Any Between April 9, 1957, and December 1, 1971 A Residential Zone 12,500 100 Any B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,000 50 Any Multiple-Residence Zone 12,500 100 Any C Industrial Zone 12,500 100 Any Between December 2, 1971, and June 30, 1983 A Residential Zone 40,000 135 175 M Light Multiple Residence 40,000 135 Any M-1 Multiple Residence 80,000 200 Any Zone B-Light Business Zone 20,000 60 Any B-1 General Business Zone 30,000 150 Any C-Light Industrial Zone 40,000 200 Any C-1 Heavy Industrial Zone 200,00 300 Any 5-10-97 Richard M. Mathew, Esq. LLC Attorneys at Law G Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Tel: (631)537-1984 Fax: (631)537-3445 Richard M. Mathew E-mail: RMMathewEsq@aol.com Maxine Hirt Of Counsel 29 October 2001 Planning Board 'A Town of Southold Town Hall OCT 30 2M Southold, New York 11971 Re: Island Health Project, Ina Lot Line Modification Dear Board Members: As you know, I represent Windham Resources, LLC, and the Anthoine family, owners of Fishers Island lots contiguous to property owned by Island Health Project, Inc. and Fishers Island Civic Association('FICA"). On my clients' behalf, I have appeared at several of your recent meetings to object to the above-referenced application for a lot line modification that would merge those lots, identified as Nos. 1000-9-2-8 and 1000-9-2-6.2 ("Lot 6.2") on the Suffolk County Tax Map. I have received a copy of the October 25, 2001 letter sent to you by Patricia Moore, attorney for IHP, which advises you that a deed has been executed that transfers Lot 6.2 from IIP to FICA. Ms. Moore further withdrew the above-referenced application, claiming it has been rendered moot by the transfer because the lots in question have merged by operation of law. Although it is Ms. Moore's prerogative to withdraw the application, I strenuously object to her characterization of the implications of the land transfer. The two "lots" now owned by FICA cannot possibly merge because, contrary to Ms. Moore's assertion, the parcels are not held in common ownership. Windham Resources is a part owner of the lot putatively designated as Lot 6.2, which does not legally exist. I am enclosing a copy of a letter, dated September 10, 2001, that I had intended to submit at the next scheduled hearing date for the IHP lot line modification application. It explains, in detail, why Town of Southold law prohibits recognition of Lot 6.2 as a single and separate parcel. I respectfully refer you to that letter for an explanation of our position on this matter. It is unclear to me what steps IHP-FICA will next take in their zeal to obtain permits to construct a patently illegal health care center on the property contiguous to my clients'. However, whatever that step may be, they may rest assured we will be there to point out the illegality of the so-called merger, among other things. Very truly yours, i Richard M. Mathew Encl. cc: Nina W. Leth Patricia C. Moore, Esq. PLANNING BOARD MEMBERS �QS�FFO��YC BENNETT ORLOWSKI,JR. �O QG Town Hall, 53095 State Route 25 Chairman = yJ� P.O. Box 1179 WILLIAM J. CREMERS COD - Southold, New York 11971-0959 KENNETH L.EDWARDS %b-- T Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .f� O�� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 15, 2001: BE IT RESOLVED that the Planning Board hold the hearing for the Island Health Project, Inc. open. The next Planning Board Meeting is scheduled for November 5, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman enc. PATRICIA C. MOORE K Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary October 11 , 2001 Bennett Orlowski, Jr. , Chairman, and Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 By Fax 765-3136 OCT Re : Island Health Project Inc . , and Fishers Island Civic Association Southold Town Planning Board Dear Chairmen and Board Members : We respectfully request that the hearing be adjourned until your next regularly scheduled meeting in Novemb _am out of the State and can not appear at yo r September 15"' hearing. Bank you for your courtesies . Very try3 yours, .__Patricia C. Moore cc : Mrs . Susie Parsons (fax 788-7366) Mr. Richard Mathews Esq. (537-3445) Linda Margolin Esq. (fax 234-8702) 0 0 PLANNING BOARD MEMBERS �O%11FF0J t Town Hall, 53095 State Route 25 BENNETT airmanORLOKI,JR. h�� Gy P.O. Box 1179 Chairman � WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS $ M Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .y �� Fax(631) 765-3136 RICHARD CAGGLSNO PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 10, 2001: BE IT RESOLVED that the Planning Board hold the hearing for the Island Health Project, Inc. open. The next Planning Board Meeting is scheduled for October 15, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, O Bennett Orlo ski, Jr. "Z- Chairman enc. M i PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. .r0 G Town Hall, 53095 State Route 25 Chairman y� P.O. Box 1179 WILLIAM J.CREMERS N Southold, New York 11971-0959 KENNETH L.EDWARDS 0 �+ Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .j. O�� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 13, 2001: BE IT RESOLVED that the Planning Board hold the hearing for the Island Health Project, Inc. open. The next Planning Board Meeting is scheduled for September 10, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, 1A �tt Or!ws , Jr. Chairman enc. SENT BY: MOOR7, ESC; 631 765 4643; A'JO-8-01 '6:06; WE 1)2 PATRICIA C. MOUItE K_ Amnmey at Law 51=Main Rm d Southold,New York 11971 j TeL(631)7654330 j Fax. (631) 765-4643 FAnATMILF DOVER SkRpT The pages comprising this facsimile transmission contain cenfidertial information from Patricia C. Moore. This information is intended solely for use by the individual entity named as the recipient hereofIf you are not the intended recipient, be aware that any disclesLe, copying, distribution_, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange t retrieve this tranamissinn at no cost to you. TO: T3uNr(T Utz��wskl Tr RE: LANc� NE Ht t7C2CJ_1FCT 1 ti'G C. tee--hA DATE: l' y 1 TOTAL NUMBER 07 PAOES INCTUDING COVER SHEE': 17— IP TRANSMISSION TS FAULTY OR INCOMPLETE, PLEASE CALL SACT{ AS SOON AS POSSISLE. CLIENT :TAME: r'LAkli�> ME-f;L-n4 'Pn47Z77- OPERATOR: MARC:ARr,r I i ' I S7-m- SV: M001E, EGO; 631 765 4643; AJO-8-013:07; PAGE 2/2 PATRICIA C. IVIOORE .Attorney atl,aw 51020 Main Road Southold-New York 11971 '1 CL(631) 765-4530 Fax; (631)765-4643 Margaret Rutkowski Secretary August 8, 20011; i Bennett Orlowski, Jr. , Chairman, and Southold ':own lanning Board Southold Town. al! 53095 Main Roa Southold, NY 1.971 By Fax 765-313 Pe: Island HeaIth project Inc . , all , Fishers bland Civic Association Dear Chairmen a1nd Board Members, w= respkctfully request that Lhe hearing be adjourned until your next regu.-arly, Septemher. scheduled meeting in Thank you ,for your courtesies . vest'-tray •ours, l � -Patricia C. Moore i cc: Mrs. S-asie ;arsons (tax 785--3EE) Mr. Richard Mathews Esq. i537 3445. Linda Marg lin Saq. ,fax 234-8702; �OgUFFO(�-c VALERIE SCOPAZ = OGy� Town Hall, 53095 Main Road TOWN PLANNER cz y P.O.Box 1179 Southold, New York 11971 y �`F Fax(516) 765-3136 �JQl �a0 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: Gregory F. Yakaboski, Esq., Town Attorney From: Valerie Scopaz, AICP, Town Planner Date: August 1, 2001 Subject: Island Health Project SCTM#1000-9-2-6.2 & 8 On behalf of the Planning Board, I am sending you a memorandum containing information in support of the Island Health Project Application currently before the Board. They would appreciate your review of the attached and your legal advice as to whether the information can be utilized by the Planning Board in its deliberation. The favor of a reply by August 6`h is requested. VS:ck att. PLANNING BOARD MEMBERS o�pSUFfO(,�co • P.O. Box 1179 BENNETT ORLOWSKI,JR. Chairman o= Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1935 WILLIAM J. CREMERS KENNETH L.EDWARDS 'y�1J�l �aO� Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES July 16, 2001 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards George Ritchie Latham, Jr. Valerie Scopaz, Town Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I'd like to call this meeting to order. The first order of business is for the Board to set Monday, August 13, 2001, at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Latham: Second the motion. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. PUBLIC HEARINGS Subdivisions Chairman Orlowski: 6:00 P.M. Island Health Project, Inc. —This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. Southold Town Planning Board Page Two July 16, 2001 parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. Mr. Edwards: Mr. Chairman, Members of the Board: As previously stated, I would like to excuse myself for the next two items on the agenda because I am on both boards. Chairman Orlowski: O.K. to Mr. Edwards request. Any comments? Patricia Moore, Esq., Main Road, Southold: I have the Affidavit of Posting for your clerk and I also have a Memorandum of Facts for the Board so that you can make it part of your record. I presented one to Mr. Matthews who represents the Anthoine Family. To begin with, this is a very simple simplistic application of a lot line change. A lot - in law school - we use to call them red herrings because there are false issues that are meant to distract you from the issue before you. The objectants have raised several false issues that we wish to clarify and correct. I have put the Memorandum together which deals with some of those issues and gives you the law, as I understand it, and the procedures that the Planning Board followed in 1978 when all of this took place. And on Fishers Island, nothing is ever simple so we hope that it will clarify some of the points that were raised of which I would imagine you are going to incorporate into the record since today is the official start of the public hearing process. So I will ask that any comments that were made - I am sure that Mr. Matthews will ask that they be incorporated - and I, too, would like to incorporate any comments that were brought up at that time. Very briefly, the Chairman was certainly on the Board and many of you were on the Board in 1978 and, really, in 1978, there was no provision for lot line changes. It was for the most part major subdivisions, minor subdivisions. And, in fact, in 1980 when I went back in the resolutions of the Planning Board minutes and the procedures that you followed, you only began - in 1980 you codified the procedures and I should clarify for the Board and to the Town Board - because these were all ratified by the Town Board that even set-offs were - there was a quick procedure before the Planning Board; there were certain issues that you might consider on the set-off that was to split a property and set off - to take a portion of another piece of property and be able to then develop it separately. That is not the case here. The Fishers Island Utilities Company merely transferred to adjacent owners that piece of property that they owned and had as surplus. They offered it to the Anthoine Family for that portion of the land that abutted their property and to what they perceived was the owner of the health clinic which was believed to be Island Health Project but, in fact, had been retained by the Civic Association because that's just how things sometimes work on Fishers Island. Sometimes the paperwork just does not get wrapped up. Certainly the intention appears, from everything that we have reviewed in the record, that the intention would have been to convey it to that adjacent property owner - that is Fishers Island Civic Association. So now we are before you - at this point, the objectants claim that somehow they have some interest beyond what would be a normal adjacent property owner's right to object Southold Town Planning Board Page Three July 16, 2001 or right to make comments to this Board. They claim some kind of ownership interest. That is completely false and just uncredible and I would hope that you would look at the facts, look at the memorandum and agree with me. In addition, some of the fights that have occurred to try to interfere with the development of this property has been a filing of the Attorney General's Office. I don't want go into all of the details with respect to that. That is being dealt with at the Attorney General's Office but I thought that you should have, for your benefit and for the record, the response to certain claims that were being made to the Attorney General's Office and I think that the Memorandum that was prepared in response, in a sense an answer, to the complaint filed with the Attorney General's Office deals in great detail, and very eloquently, the history of the Island Health Project, the history of health care on Fishers Island, and the need for this project. So I would hope that you would please review everything in your file and certainly approve the application that has been submitted to you. Do you have any questions? Chairman Orlowski: They purchased this property? Patricia Moore, Esq.: They being? Chairman Orlowski: The Island Health Project. Patrica Moore, Esq.: The whole piece? No, well right now, the deed has not been transferred. Island Health Project owns 6.2; Fishers Island Civic Association still owns the doctor's office. What they are going to be dealing with at the Attorney General's Office and corporate counsel will be deciding whether or not one can transfer- either Island Health can transfer it to Civic, Civic can transfer it to Island Health. If it works, it cannot be for corporate reasons or State Law reasons - it cannot be transferred - then it will be down as a joint project. It's clear that Civic Association has been the owner of this property since its inception in the 50's and the Island Health Project has been since about this time - in '77, '78 they were incorporated and started the management and control and contracting for the medical services. So, that issue really is not relevant to this Board. You can have two property owners - that if they choose to put their property together and develop it as one, that's not your decision to make. If that is how they want to do it, that's fine. If they choose to transfer it all into one name, so be it. But that issue really - you have to deal with the lot line modification to determine whether or not the Town - it would be in the best interest of the Town to treat this as one piece of property in order to accomplish the goals of an expansion and modification to the existing doctor's office. Chairman Orlowski: Is it one piece of property with two owners? Patricia Moore: Technically, it still has a separate tax map number and it is still under separate title. But the application before your Board was made by both entities seeking to put the two properties together either defacto, by title putting a meets and bounds description around the whole thing or together they jointly develop the property. That's certainly something that can be done. It won't interfere, in a sense, with the expansion of the project or addition that is being proposed. At this point now, everybody has their own deeds. Nothing has been formally done. • Southold Town Planning Board Page Four July 16, 2001 Chairman Orlowski: O.K. Would anyone else like to make a comment? Richard Mathew, Esq., Main Street, Bridgehampton, on behalf of Windham Resources, LLC, owner of the property adjoining the FICA and IHP property and also representing Nina Leth, Edith Anthoine and Nelson Anthoine, principals of the Windam Resources. I would also join in Ms. Moore's request that the comments made at the last time we were here back in June or May be incorporated into this matter and, for the record, I handed you another copy of the Memorandum and I have also distributed one to Counsel for the proponent. Our objection is grounded in jurisdictional issues. In the first instance as was previously communicated with you, we don't believe that a defactive subdivision creates a subdivision. We think it is an illegal subdivision, and as such, we do not believe that the owners of a portion of illegally subdivided land can act upon the half of that land which respect to merging it, selling it - selling it perhaps but merging it or having other legal treatment of it applies. We don't believe that that gives you jurisdiction - the mere fact that there is a tax map number or a piece of property, particularly where Counsel has agreed that it was subdivided without benefit of any approvals or any applications whatsoever. So, we feel that it is an undivided lot - both of those tiny little strips - one of which is owned by my client and the other of which is owned by IHP - and since my clients have not and will not join in the application without proof of who has jurisdiction. There are other issues that are involved here. Counsel for the proponents has spoken about the complaints of the Attorney General's Office that were filed by one of my clients in connection with this matter, and as I previously pointed out to you and I believe I have given you documents, if you have not made a copy of the complaint part of your record, I would like an opportunity to do so. One of the issues that was raised in that complaint is that the Certificate of Incorporation of Island Health Project specifically states that it may not operate a health clinic. Moreover, clinic as it is defined in the Zoning Code, is not a permitted use so I think that when we ask ourselves why this application is here — what's the purpose of it, there's a question mark that seems to be unsolvable at least in my mind - how can you approve an action that you don't have jurisdiction to approve for a project that is not permitted under your Zoning Code? I am a little bit stumped by that. There is a case on this and I cited that in my memo — Fullum (sp.?) against Prognent (sp.?), an Appellate Division, Second Department case which is still good law. The Court was asked to consider whether a subdivision sponsor was required to join in the petition to the Village of Ladingtown (sp.?) Planning Board to partition a lot that was physically separated from a larger area of land owned by the divider, the developer. The application was submitted solely by the contract vendee of a portion of the lot proposed to be partitioned. In holding as a sponsor, who also owned the lot that was the subject of application with the indispensable party to the application, the Court said the owner and subdivider did not join in the petition or appear at the public hearing nor was any authority from the owner alleged or provided by petitioner. Hence, no jurisdiction could be exercised over it by the Planning Board. The regulations of the Planning Board provide that no person from a corporation proposing to make, or have made a subdivision, shall proceed with any development until he or she has obtained from the Planning Board approval of the proposed subdivision or development proceedings to the procedure outlined in the regulation. What the courts says is that if it Southold Town Planning Board Page Five July 16. 2001 doesn't have your approval to be a subdivided lot, you can't merge it with something and that, again, is still with law. I think that is really the big issue. In your Zoning Code, Section 100-13 says that the application form for an application for development of property and all accompanying documents and exhibits required of an applicant by approving authority for development must be supplied and signed by all owners. Now, we believe that we are an owner of that property since it has not been legally divided and we have not joined with the application, again, nor do we propose to. Applicant is further defined in 100-13 as the landowner or agent optioning as that purchaser or other person authorized to write in fact for the landowner. We have not nor will we join in the application. Substintively, I think that this presents a problem for you because since not all of the owners have joined in the application, and your Code requires the landowner to join in the application, I think the lack of jurisdiction - you take both your Code and the case that I cited and I will be happy to send a copy of it to Counsel to your Board so that they will have it in front of them to refer to. Beyond the jurisdictional defect in the application, my clients object to IHP's plan for the property. It is, as the Chairman has pointed out, if you were to grant the merger, the consolidation of these two parcels - you would have a 23,000 and odd square foot parcel in a Residential Zoning District that requires a minimum of 40,000 square feet. There is a structure on the property and what is proposed is to more than double the existing structure. Now that is a Zoning Board issue. I understand that, but I think you need to take a look at that as part of your thinking about this. If you are assuming argumendo that I am correct, that you don't have the jurisdiction, well, we all go home. Assuming I am wrong, and you do have the jurisdiction, what do you do? You are putting together some parcels that then require a trip to the Zoning Board for a use variance and then a trip back to you for your site plan on this. I think that that, when you take a look at the nuts and bolts of what is going on for a corporation that doesn't own the land, to enter into a contract, build a facility that is legally not permitted to build or operate on land that is owned by a civic association that does not have the Attorney General's authority to convey that property, you have to ask yourself what is this all about and why really are we here? Counsel has made a very outstanding presentation to you. She has prepared a memo which I have not obviously had a chance to read and which I would respectfully request an opportunity, not only to read but to respond to before you made any decision. I still just don't get it. I mean we are going around and around. There may be insufficient legal justification for us to be here. There certainly is a question as to whether IHP has the authority to act on this thing. There is a question in from of the Attorney General as to whether the Fishers Island Civic Association can transfer its' property without the vote of all of the members of the Civic Association of which the Anthoines are members. So you know, as a practical matter, where are we going with this thing? Again, it is a prohibited use, so I would respectfully ask you to take all of those things into consideration. I would also state that I don't believe that those are red herrings. I think that those are really serious legal impediments not only to your acting on the application but to the application going anywhere, except away. If FICA has transferred the lot to IHP, it is in violation of its' charter. If IHP operates a clinic, it is in violation of its' charter. If they go to Zoning Board and get a use variance which, as a Southold Town Planning Board Page Six July 16, 2001 former chairman of a zoning board, I can tell you is almost a legal impossibility - you know what the standard on that is, that there is other possible use for that property which I think we can all assume that, safely, it can be sold as a residence. So, I mean I think that that could be so what are you going to do about this thing? I mean that as a rhetorical question - think about this: illegal, immoral probably fattening and I think that, you know, what we are doing here is just buying into a larger lawsuit a larger set of criterias and difficulties between the parties for something that - I don't mean to say the inhabitants of Fishers Island don't have a right to have health care but I mean I think that this is going way above and beyond what their needs are. There is a practicing doctor there and not getting into the bone and findings of it, I mean, if you take a look at documents that have been submitted to you, there are some serious legal issues here but not red herrings and I don't want to belabor this. I would respectfully again ask that we have an opportunity to review and respond to Counsel's memo and I ask that you put this over any further determination, keep it open for all purposes until the next meeting. If you have any questions, I would be delighted to answer them. Chairman Orlowski: You say your client was a member of FIDCO at the time this was transferred from FIDCO. to - Richard Matthews, Esq.: No, they were not a member of FIDCO; they are members of FICA. Chairman Orlowski: FICA. O.K.. Mr. Matthews: Thank you. Patricia Moore, Esq.: I would like to briefly respond. The Anthoine Family somehow or another claims ownership after they benefited, enjoyed, paid taxes on and used a property that was split in 1978. We are not here before you for a lot line change or a subdivision application between Anthoine and Fishers Island Health Project. We are here between Fishers Island Health Project and the Civic Association. The Anthoine lot line change, as I said, occurred in 1978. If they had objections, they could have objected at that time. They could have come in and done whatever they felt was appropriate in 1978. 1 think they would have found that in 1978 this Planning Board would have looked at them and said well, what do you want - you have a lot line change even if presumably they wanted to develop it as a separate parcel, they could have gone through what would be a set-off, a lesser subdivision procedure. It is not a subdivision - what he is using are subdivision definitions of today for an action that was done in 1978. What is appropriate is to look at what the definition of a subdivision was in 1978. Was the action that was taken in 1978 between Anthoine and presumably the Fishers Island Utility Company, the utility company that transferred to Anthoine and to Island Health Project - was that a legal action? Was that something that this Board should be concerned about? I say no. That occurred statue of limitations, arguments, equity, they are going to be hard pressed, I think, to convince a judge that the action in '78 somehow or another gives them - is nullified and that they have some ownership interest in the property that they have no relationship to at this point. Southold Town Planning Board Page Seven July 16, 2001 As far as the Zoning Board issues, we are going to be dealing with - we have an existing doctor's office; it is known as the clinic, health clinic. It is an existing doctor's office with all of the - that is the health care on the island. We merely want to expand it. The degree that we expand it will be the subject of the Zoning Board application. We have a pre-existing use there which we are entitled to extend if we want. We are also entitled to seek variances. That, again, will be before the Zoning Board of Appeals; it's not before this Board and this Board has no say about it. The lot that we are expanding or that we are seeking to enlarge is a Fishers Island Civic Association property by the use of the Island Health Project property. You are taking a half acre and adding to it another half acre. You are going to enlarge so you're reducing the nonconformity. So, again, all these arguments that he is raising - first he has to use 1978 law and other issues are before the Zoning Board. They have no standing here as a co-owner. Chairman Orlowski: O.K. Any other comments? I really don't want to make it a debate. Do you have something new that you want to say? Richard Matthews, Esq.: Yes, I do. Richard Mathews, Main Street, Bridgehampton, on behalf of the opposition. The transfer of 1978 was incorrectly done. I think that any benefit, any boot-strapping, that one could attempt to take from that action is nullified by the fact that it was deeded to the wrong property owner - to the wrong entity, so I think that what you are faced with is looking at it in today's law because it was not accomplished in 1978. The deed to IHP is ineffective because the owner of the main parcel - the dominant tenement is FICA. There is not an identity of character. I think that belies on Mrs. Moore's argument. The second issue is that the transfer of $700.00 - there was never any kind of representation on a seven hundred dollar transfer that was a buildable parcel that could be used. The Anthoines certainly never assumed that there was any buildability issue on it. It is a strip that is actually mostly encumbered by caping on Main Street. I think that the quarter acre lot was never intended to be built upon and that was the impression that my clients have from that transaction. Again, I don't want to take all your time. There are other people here with other matters. I respectfully request that this be held open for all purposes until the next meeting so that we can respond to Counsel's memo. Chairman Orlowski: All right, there have been a lot of good questions brought up tonight. We are going to have to talk with Counsel and find out where we go from here. We will take all the information that you both brought in and review it with Counsel. We are going to entertain a motion to leave this hearing open. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. (Mr. Edwards abstained.) Southold Town Planning Board Page Eight July 16, 2001 Chairman Orlowski: Opposed? Motion carried. Site Plans Chairman Orlowski: 6:05 p.m. - Ferguson Museum - This proposed site plan is for a 4,036 sq. ft. expansion of the existing museum. The property is located on Equestrian Avenue on Fishers Island. SCTM#1000-9-4-11.1 Mr. Edwards has recused himself and left the room. Is there anyone here who has any comments on this site plan? Hearing none, any questions from the Board? (There were none.) Chairman Orlowski: Hearing no questions, I will entertain a motion to close the hearing. (The hearing was closed at 6:29 p.m.) Mr. Caggiano: So moved. Ritchie Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Chairman Orlowski: Opposed? Motion carried. Does the Board have any pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposed site plan, to be known as site plan for the Ferguson Museum, is to construct a 4,036 square foot expansion to the existing museum; and WHEREAS, the Henry L. Ferguson Museum, Inc. is the owner of the property known and designated as the Ferguson Museum, Equestrian Avenue, Fishers Island, SCTM#1 000-9-4-11.1; and WHEREAS, a formal application for the approval of this site plan was submitted on April 4, 2001; and WHEREAS, the Southold Town Planning Board has determined that this action is a Type II Action and not subject to review under the State Environmental Quality Review Act, (Article 8), Part 617; and WHEREAS, this site plan, last revised June 26, 2001, was certified by the Building Inspector on July 16, 2001; and • • Southold Town Planning Board Page Nine July 16, 2001 WHEREAS, a variance was granted by the Zoning Board of Appeals on June 7, 2001; and WHEREAS, the Architectural Review Committee has reviewed the elevation drawings and the Planning Board has accepted their recommendation for approval on April 5, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the surveys, dated March 6, 2001, and authorize the Chairman to endorse the final surveys subject to a one year review from the date of building permit. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:10 a.m. - Penny Lumber - This proposed site plan is for a 5,400 sq. ft. private warehouse and a future 5,400 sq. ft. private warehouse. The property is located on the corner of Main Road and Kerwin Boulevard in Greenport. SCTM#1000- 53-2-21, 25, 25.1 & 27.1 Does anyone here wish to make any comment on this site plan? George Pennv: Good evening, my name is George Penny and I am here to answer any questions that the Board or anyone else may have at this time. Chairman Orlowski: Does the Board have any questions? (There were none.) Anyone else like to make a comment? Robert Kassner: Mr. Chairman, the modifying of one of the whereas would indicate that the black top would not be placed in the proximity of the new warehouse? George Pennv: The black top? AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Island Health Project (SCTM:1000-9-2-6.2 and 6.8 by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on July 16, 2001 at 6:00 PM I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Yor nrint) Signature Address A ` l ` ate Notary Public THOMAS F.DOHERTY JR. Notary Public State of New York No.4808559 Ouslifleo In Sutfolk Cou y Term Expires 1223 PLEASE RETURN THIS AFF/DAW AND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Ile: Island Health Project, Inc./F.I. Civic Association SCTM#: 1000-9-2-6.2 & 8 Date of Hearing:Mon. , .lulu 16, 2001, 6:00 p.m. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 5 , 2001 Mr. Bennett Orlowski , Jr. , Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re : Island Health Project, Inc . Dear Chairman Orlowski and Members of the Board: Enclosed please find five (5) return receipt cards from the neighbors in the above referenced matter. We will forward the balance to you upon our receipt of same . Very truly yours, Patricia C . Moore By: Margsret Rutkowski /mr Encls . JUL 0 9 2001 3WAOTOM �8osd SENDER: .OMPLE�E THIS SECTION COPIPLC FE THIS SECTION ON DELIVERY ! ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearty) B. Data of Delivery item 4 if Restricted Delivery is desired.•y.�' �o y1' 1�. uG�p� �p bel c), ■ Print your name and address on the reverse so that we can return the card to you. O. Si nature ant ■ Attach this card to the back of the mailpiece, X �/x�•_ g or on the front if space permits. �, '" ❑Addressee D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No VT7L(VeSyCo , Anc SENDER: C )MPLETE THIS SECTION COPIIII ETE THIS SF CTfON ON DEL IVERY 'M Complete tams 1,2,and 3.Also complete A.Inlay(Please Print Clearty) B. Date of Delivery item 4 if stricted Delivery is desired. `� iij � �f .[I - ■ Print your name and address on the reverse O. Signature so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, x or on the front If space permits. reg c lrC Addressee D. Is delivery atltl dre Bnt from Item 17 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No TR. µtAR5 R. 2AIJr-& T77 ➢p -zax 2 /3 �iSN£�S /SL/1r by j b&390 SENDER: COMPLETE THIS SECTION COMPI rTL THIS SECTION ON DI-I IVLHY MR ■ Complete items 1, ,and 3.Also complete A. Received by(Please P' t Clearly) B. Date of Delivery item 4 If Restricts Delivery is desired. III n of�,Wo ■ Print your name a address on the reverse C. Signature I so that we can return the card to you. ( ❑Agent I ■ Attach this card to the back of the mailpiece, X Addressee I. or on the front if space permits. D. 4 del' address differem item 17 Yes 1.yArticle Addressed to: If ,enter tlelivery address below: ❑No 1'13 �� /�e�-tri,-✓ SENDER COMPLETE THIS , ■ Complete items 1,2,and ry Also col dela A. a by(Please ✓learly) B. Date of Delivery item 4 if Restricted Deliva is desire . GyKadd� ■ Print your name and address on the reverse so that we can return the card to you. C. Signa■ Attach this card to the back of the mailpiece, Agent or on the front if space permits. AddressesD. Is delifrom item 17 ❑Yes 1. Article-Addressediil , J,Z to: IEYES,enter delivery address below: ❑ No fl1R. JaN�J YUAS��� r/IS. �J2F1'I°DG7'7F S1kUk�j� ived by(Please Print Clearly) B. Date Delivery e lets A. R V-- 2,and 3.Also come 2 ■ Comp e items 1, is desired. f] nt fritted Delivery G. Signature dresses item 4 N Ras a and address on the reverse ■ Print your nam urn the card to you. Cl Yes so that we can ret of the mailpiece, X �- dAfereMfas item 7 0 No this card to the backD. Is delivery address address below: ■ Attach nt if space Permits, If YES,enter delivery - or on the fro 1. Arstcis eased to: )o/(o S �D 3 3. Serves eExpress Mail 0 t for Merchandise 41ste Mail ❑ C3 Registered Return Receip Mail [3C.O.D. J ❑Insured ❑Yes 31 4. Restricted DeliverY7(Extra Fes) 4187 10259500-M-0952 0361300Ell 0521 Domestic Return Receipt PS Form 3811,July 1999 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 June 15, 2001 Southold Town Planning Board Town Hall 53095 Route 25 Southold, NY 11971 Re : Proposed Lot Line Change for Island Health Project, Inc . SCTM # 1000-9-2-6 . 2 & 8 Hearing Date : July 16, 2001 at 6 : 00 PM Dear Sirs : Enclosed please find an Affidavit of Mailing along with original Certified Mail Receipts to surrounding property owners of the above referenced property lot line change . Also enclosed is a list of the same property owners with their tax map numbers . Please call if there is anything further you need for the July 16, 2001 Hearing. Very truly yours, TRICIA C. MOORE PCM:gh Encls . JUN 18 2001 Southold Town Planning Board AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as ISLAND HEALTH PROJECT, INC. by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on June 14, 2001 e's Your name (print) GERALDINE HAINES Sign8ture 100 )5ox -7 Address :rte /S z o ( I Dat Notary ubll wwsw U.S. Postal Service CERTIFIED MAIL RECEIPT (Dorriestic Mail Only: No Insurance Coverage Provided) New lbk Zaa.0c73 7 CERTIFIED MAIL RECEIPTS ON THE DAY OFLn777 , n a k ni Poeta a N j In O Certified a :t Pes><nark w _Civic Association ra Return Receipt Fee 1N 1 4 O (Endorsement Required) tV R — C3 Restrictad Celwm Fee F'. 6:00 p.m. (Endorsement Required) C3 Total Postage&Fees w.__— m Sent To I A A Stree---t -- --,----Apt- --o-------------------- O d 0 or PO Box.NNo. � � –j --J -- - (�{'1 . . M1 Clry,State,ZIP+4 :11 :t PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax: (631)765-4643 June 15, 2001 Re: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Hearing Date: July 16, 2001 at 6:00 PM Surrounding Property Owners/Mailing/Cert/RRR 1000-9-2-6.1 Windham Resources, LLC 35 Woods Grove Rd. Westport, CT 06880 1000-9-2-5 and Fishers Island Utilities Co., Inc. 1000-9-4-17 Fishers Island,NY 06390 1000-9-4-18 John Wasley& Elizabeth Savage Equestrian Avenue Fishers Island,NY 06390 1000-9-5-14 Peter Rogan, Trustee 2616 Cove Cay Drive, Apt 703 Clearwater, FL 33760 1000-9-5-13 Ronald and Kathleen Zanghetti P.O. Box 213 Fishers Island, NY 06390 1000-9-5-1 James R. & Stephanie Hall P.O. Box 373 Fishers Island,NY 06390 1000-9-2-7 Windham Resources, LLC 35 Woods Grove Rd. Westport, CT 06880 1000-9-2-9 Ms. Jill Elizabeth Rogan P. O. Box 24 Fishers Island,NY 06390 0 0 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-9-2-6.2 & 8; 3. That the property which is the subject of this application is located in the R-40 (Residential) Zoning District(s). 4. That the application is for a lot line to merge a 10,890 sq. ft. parcel, SCTM#1000-9- 2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938. 6. That a public hearing will be held on the matter by the Planning Board on July 16, 2001 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Island Health Project, Inc./F.I. Civic Association Date: June 12, 2001 194 S ISLAf'P N 1 PROJECT v 50 of 116 m .JS Qom' Iry titi 13.1 14 m 155 . 102 2.1 �Q�'�y Szs 1.1 A �_�13.2ti �a2 170 az Sj. JOHN'S � w 'I5 ,, e EPISCOPAL ryti�!� r0° ^ CHURCH M 21 z�r p 6 J 0 2 6 13 4.1 q2� SB 169 � FISHERS ISLAND FIRE DISTRICT lh o 12.1 us 3.4A(c) zo3 iERS^ISLAID 15 H 1.3ACc) 103 75 72 � f 6 % 3 m 75 Q y 0 l FISHERS h A/ a— zsz " 4 ^ 2 'cl`vic yA.l��- �—."zoo AUK 8F_ m" \ 6'\9 n�S.CC- �� ° IW� 2 20020 105 J r�C .(.. 31 n_-- R o ' , -` 199 J r o �T \5li ) 5. -9q- 106 yl .p.' �m ,6 '? titi o 4 8.2 8.5 �I 1 m 5 Iso sr ti 7o ,'usni�v \N I n� ryoy C-2 .�5 ��^ �,/ IIS 8 ?,s��F a� 13 70 l 9 `p ^ Y9 i c2)1 Al q�j lv .: 19I C ® S o lC) �, ti 18 �` `a (3) / F, Ic . 12z2 laor " 13 SS �� (4) 16 S ��e� 190 /��A pR/F /v 5T. JOHN'S eo \ AL (5) \./ v ~ �s 1sJ EPISCOP ° ,�v 15 `' ,98° e�p�p�h s�, c�2oa''r 269` CHURCH 16•(G) 44 r) a �( (2) 1.�A V ti `a 3 ts') ;7) to) �.� 69 J\' 1'1 (3) 1Jj� 22 7 - �� �:i 14.2 s tih <4 9 21y n) �i—'` ^tia o cv o , N t�� Ion44 JA rp r 14.1as / 23 0 Sl4 C) /�APFR9 _5s 55 p A V 181 l2) $ ��y�FT 3 3 zaz Ch ) jss9� s 14 .hA� �Q do um 8.1 �\ \ter' Q t 147 3.8A(C) �\ u3) 2Alc) 111 t9) e'y \ 1. •' '., Z$? HAI /, ./ \ I 1l6___: i . I 0 • PLANNING BOARD MEMBERS ��%1dFF0J/( BENNETT ORLOWSKI,JR. =.t.0 Gy Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J. CREMERS N - Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �.y O`� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 16th day of July, 2001 on the question of the following: 6:00 P.M. Public Hearing for the proposed lot line change for Island Health Project, Inc. The properties are located at the north corner of Oriental Avenue & Crescent Avenue, on Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-9-2-6.2 & 8. Dated: 6/13/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, JULY 5, 2001 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: The New London Day The Suffolk Times ' P.O. Box 1179 53095 Route 25 Southold, NY 11971 1 Southold Town Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org To: The Day Publishing Co. From: Valerie Scopazycaroi Fac 860/442-5443 Pages: 2 Phone. 860/442-2200 Date: 6/13/01 Re: Legal Ad for 7/5/01 Edition cc: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ad in your July 5, 2001 edition. Thanks. 6:00 p.m.: Island Health Project, Inc. ' P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold Town Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org To: Christina Weber, The Suffolk From: Valerie Scopaz/caroi Times Fac Pages: 2 Phone: Date: 6/13/01 Re: Legal Ad for 7/5/01 Edition cc: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ad in the July 5th Edition. Thanks. 6:00 p.m.: Island Health Project, Inc. P U B L I S H E R ' S C E R T I F I C A T E State of Connecticut ) County of New London, ) ss . New London On this 5th day of July, 2001, personally appeared before the undersigned, a Notary Public within and for said County and State, J. L. ZIELINSKI , LEGAL ADVERTISING CLERK of THE DAY, 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 L 6 2-41 Town of Southold LEGAL 241-ISLAND HEALTH PROJ. , NN Ice He OOtIc TICE S HEREB GIV- arina -EN=Mat,puHganI ro Sscifon 7Tbofthe a true copy of which is hereunto annexed, was rLw, 'pubhearing will IIDa aalic held b SaorIa ning Town y the Plon Boardat itis Town Mall, Main Raotl,SOuihold,New published in said newspaper in its issue (s) of ;ben U In uI JulY 09001 w Ie question of the roIto II : 0 7/0 5/2 0 0 1 a°aB P•M. Public Nearing for the proposed lot line change for Island Nealfh Proieci, Inc. The praperfiee are located of rile north cor- ed ner of Oriental Avenue b l Crescent Avenue,of,pishm Island, Town of Sgyfh0ldr ,% County of Suffolk,State of ______________ _ _ ____ _ New York. Suffolk County Tax Map Number IOW4-2-e.1 Subscribed and s rn before me IIIB. Dated:611 n1 By order of the Southold Town Piannin,Board Ws5day of July, 2001 . Bennett Orlowski,Jr. � Chalrrnan L'–_L�_--- --— ____ ublic My commission expires jO Ude N� k A 09 2WI southoid Town Planning Board STATE OF NEW YORK) )SS: UNTY OF SUFFOLK) F11 n X11 Mb _of Mattituck, in said rr county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES,a weekly newspaper,pub gam' fished at Mattituck, in the Town of Southold, County of ;w 9rc HJr'2w or,tlr 46" r rw,.pruric iaoYreebrWbyHho Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly pub- Tomr rock it r tYwe ooh fished in said Newspaper once each week o thegreldap°r�" for Iweeks successively, commencing gip}r `ion ft on the day pro o".w1 rind of J 20�_. ., rrc H CHRISTMAT. BER Notary Public,State of Now York P No.01WEG034564 Stare Cualitied in Suuolk County 11 CommissionE*kesDecember 13,QJ Principal Clerk tt a < Sworn to beforemethis day of J -1 __y—20-2L— Benre80Aawrki,Jt Chrumo 1946-1TJYS oil/n - 7 , P U B L I S H E R ' S C E R T I F I C A T E State of Connecticut ) County of New London, ) ss . New London On this 3rd day of May, 2001, personally appeared before the undersigned, a Notary Public within and for said County and State, J. L. ZIELINSKI, LEGAL ADVERTISING CLERK of THE DAY, a daily newspaper published at Ne,.,,, London, County of New London, State of L€AL 97 Connecticut, who being duly sworn, states on Notwnpoff eoulth�o�d 19, EN�hat,Pursuant TICE IS HEREBY oo SecH n oath, that the Order of Notice in the case of hearing Town Law,a public Southold Towll n plannine Board, of the Town Hall LEGAL 797-ISLAND HEALTH PROD. , Main Road, Southoltl , , N U�M said town n thew e Ilih H M�fheY MI01 on the Sues. a true copy of which is hereunto annexed was 6:gg P.h foiling: for the uolic Hearing change fo olala tlIHt Hn Pro(eaf, Inc. The properties published in said newspaper in its issue (s) of 0 afao entoha enue8 Cres cent gyenue,on Fishers Island, sown of Southo'05/03/2001tl, County of Suffolk, State ai New York. Suffolk County Tax MaP Number Ingp.q.p.6.q 8 g, Da}etl:420/01 By Oroer BoardChair,,,o Town planrli ng Board _ _ _ _ Benef'The Southold Subscribed and s or tt�me this 3 day of May, 2001 . -- - �17Y�1-�-1� to Public My commission expires I 7111[. MAY 0 7 2001 aouthold Town Plartnirtg 80ard PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. ��� OGy Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 Southold,New York 11971-0959 WILLIAM J. CREMERS y Z KENNETH L.EDWARDS Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO y'llQl �a0`' PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 16th day of July, 2001 on the question of the following: 6:00 P.M. Public Hearing for the proposed lot line change for Island Health Project, Inc. The properties are located at the north corner of Oriental Avenue & Crescent Avenue, on Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-9-2-6.2 & 8. Dated: 6/13/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 13th day of June, 2001 she affixed a notice of which the annexed printed notice is a true 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, Southold Town Hall, 53095 Main Road, Southold, New York. 7/16/01 Reaular Meeting: 6:00 p.m. Public Hearing for Island Health Project, Inc. Proposed Lot Line Change, SCTM#1000-9-2-6.2 & 8 ���n t •���iC_/_ lJ Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this i3 day of �- �_ , 2001. Notary Public HELENE D.HORNE N=rr PubtlC Stete of New Yak No.4951364 Ouellfled in Suffolk County, OOInmWion E4"ee MY22. 0;1,60 / PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. rmo��gUFFO(,�CO Town Hall,53095 State Route 25 o.Z. G,y� Chaian P.O. Box 1179 WILLIAM J.CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 2001 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board on Monday, June 11, 2001: The final public hearing was closed. The following resolution was adopted: WHEREAS, the final public hearing was begun on May 14, 2001; and WHEREAS, the agent for the applicant failed to properly notify neighboring property owners of the hearing; and WHEREAS, the Planning Board has elected to close the original hearing and set a new hearing for its next public meeting; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, July 16, 2001 at 6:00 p.m. for a final public hearing on the maps, dated February 23, 2001. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Office, Southold Town Hall. f r • • Island Health Project— Page Two— June 12 2001 Please return the endorsed Affidavit of Posting, proof of certified mailing, and the signed green return receipts from the certified mailings on the day of the public hearing before 4:00 p.m. Please also return the sign and the post to the Planning Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, 6BenrdettOrski, Jr. �< Chairman Encl. AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDA L47-AND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: Island Health Project, Inc. /F.I. Civic Association SCTM#: 1000-9-2-6.2 & s Date of Hearing:Mon. , July 16, 2001, 6:00 p.m. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-9-2-6.2 & 8; 3. That the property which is the subject of this application is located in the R-40 (Residential) Zoning District(s). 4. That the application is for a lot line to merge a 10,890 sq. ft. parcel, SCTM#1000-9- 2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938. 6. That a public hearing will be held on the matter by the Planning Board on July 16, 2001 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Island Health Project, Inc./F.I. Civic Association Date: June 12, 2001 § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY. Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 1-25-96 § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7)days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. 6802 ISLAND HEALTH PROJECT, INC. AND F.I. CIVIC ASSOCIATION • ISLAND HEALTH PROJECT, INC. 1000- 9 -2 - 6 . 2 & 8 Lot line change to merge a 10,890 sq. ft. parcel, SCTM#9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. MON. - JULY 169 2001 - 6 : 00 P.M. �OSOFi:O(�-C O VALERIE SCOPAZ =�� G'y� Town Hall, 53095 Main Road TOWN PLANNER o P.O. Box 1179 H Southold, New York 11971 O • �'� Fax (516) 765-3136 Telephone(516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: Gregory F. Yakaboski, Esq., Town Attorney For Your Information From: Valerie Scopaz, AICP, Town Planner ✓� Date: May 17, 2001 Subject: Island Health Project SCTM#1000-9-2-6.2 & 8 The attached material was submitted to the Planning Board at the May 10 Public Hearing for the above-referenced project. It contains a "Complaint for Investigation, Prosecution and Equitable and Legal Relief' that was filed with the New York State Office of the Attorney General. I refer you, specifically, to Item #7 on Page 3 of the complaint, which makes mention of the services of your office being applied towards subject proposal. The Planning Board kept the hearing open. VS:ck aft. F3'! c.c,:_{9 HAIP OF THE DOG PAGE e' TU: lamming Board, Southold Town Hall F'RU f: 11 12 ru rSe o whe r tf612 of`IHE boo, iHc. L ) Qtaot2.S j TOPPMI-s 1cE cote-4M RE: I laid Health Project,Fishers Island,New York i i I f �4 f I who,a eartedly approve of the merger of the Island Health Project's lot(SCTM 91000- 9-2-6, ),with the Civic Association's lot(SCTM#1000-9-2-S). j Since 1y, i 1L i � Y i I I 1 i i f I I r I i i Submission Without a Cover Leger Semler: PdfnL� Awe Est, Subject: IS44 Nl?q� ?K6 - SCTM#: 1000- Q-d- +g s tr g ° Date: S/(WO I h Af 15 2001 Southold Town Comments: ff II I Planning Hoard • Fishers Island Civic Association Fishers Island, New York 06390 Southold Town Zoning Board of Appeals Gerard Goehringer, Chairman Southold Town Planning Board February 5, 2001 Bennett Orlowski, Jr. Chairman Southold Town Hall 53095 Main Road Southold, N. Y. 11971 Dear Chairmen and Board Members: We are the Co-Presidents of the Fishers Island Civic Association, which is the owner of property located on Crescent Avenue, Fishers Island (Suffolk County Tax Map #1000-9-2-8), adjacent to the Island Health Project parcel. Our property is presently used as the Island Health Project medical clinic. We support the Island Health Project in their efforts to construct a modern health care facility on the island, which will to our community new medical tools and facilities, ambulance access, and which will comply with The Americans with Disabilities Act. We join in all applications before your Boards and consent to a merger of the two parcels, if necessary, in order to construct a health care facility which connects to the existing building. Pursuant to a resolution adopted unanimously at our Board Meeting on January 20'h, we authorize Patricia C. Moore, Esq. To represent us and amend any applications as may be needed, to include The Fishers Island Civic Association as the owner/applicant. Thank you for your support and efforts in providing a much-needed facility to our community. Very truly yours, *�9'd �qt'-� John/S.. W. Spofford Albert Stickney, I I a a "! i Y L } y 9 rt z _. :1u?4� �% .. 12001PC124 h{E�t3DED FREA E D , :. `Nwnber of page .. TORREraS ' STATE99 k0V 15 AM I0 1516 '1999 EG1"6C-RK OF Cmmumx H TFLANSFFfa TAX SUFFOLK COUNTY - SUFFOLK S <. -rte Prior Cir.x;_ COUNTY, - ,` Dart/Mortgage lmmmuou Decd/Mongvge Toa Srunp ?. Recorcing/Filing.SYamps a FEES .+ ��. page riling Feu I _ _ $ Montage Amt. C qtr Handling S f }: I.Basic Toa ?1 TP-5" �. 2.AJJitiaml Tax ; Mutton iq Sub Total ¢ FA•3317(Courcy) �_. Sub Total _ ' �" SperJAssit. EA-3211(State) ] ! Spee./Add. + ' RP.T.S.A. �/ 11'O4TUy. TOT.MIG.TAN , �Y Dual To.. No[County 6. , Comm.of Ed 500 ;. lF I I,Jd f App n mm�n Af idovit Transfer Tax J® Cmilied Cuoy 'Y'O�g Mansion Tax -��®- - The property savored by this mungage n or "3 Re,Copy will be improved by a one Or tui,ram ily : Sub Totaldwell ng only. Qhe /�j YFS_ur NO GRAND TOTAL "' s if NO,see appropriate tax clause on page x of this ir�swment. -- P...V Real Progeny Tax SerAre Agency Verification -6Community Preservation Fund Lm ConsiJemnun AmountS 292 00 1000 009.00.- 02.00 u' 007.000 CPF'Cax Uue Sp-nQ�� cJ x � � Vac tLandDischarges/Releases List Property Owners Mailing Addres / 'fp /G — RECORD 6 RETURN TO. DlOV 1 0 'pC9 TD Nina W. Loth, Manager C:"''el/.U'�tTY L'indham Resources, LLC PRSSEAVATiO, TD 35 Foods Grove Road - .FUND Westport, Connecticut 06880 R .Title Company Information r- - Co.Name.. ,ic Titlex ri L: Suffolk County Recording & Endorsement Pae r'i 'Ilii,TDs"Lfonns F'nufdx atmcheJ -.Warranty Deed maJc by: (SPECIFY TYPE OF INSIRU.IENT) .. __—.--- The prend.cs herein is situated in Edith H. Anthoine SUFFOLK.COUNTY,NEN/YORK TO In the T'awnslup of Southold Windham Resources, LLC - In the VILLAGE a '„— - or IIAMLET of Fishers Island BOXES 511 iRU 9 MMI'BE IYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR 151 1NG, AP'. s —ate _a®aw �Rl® Y tea• '„ ^ " ,:,� tl`� 'If t..'" >� 4�,t-w"" M�"�}':fir v��uK�Srx''i ,rr° q "7•? x. > .. . W -.d District 1000 ARRANTY DEED Section 009.00 Black 0200 ., Lot 1107000 rr THIS INDENTURE,made the qlh dry of November-2,71999 between EDITH H.ANTHOINresiding at noN AthoFCreuent S E. treet, Bon 242,Fishers Island;New York 06390, party of the first part, and WLYDHAM RESOURCES,LLC,a Connecticut domestic Intented liability - company,having an address at 35 Woods Grove Road, q. Wesrpor4 CaMen.cut 06880. -1 s and,.1 party of the second part a - WPTNEssETK that the party of the first pen,in consideration ofTen and 00!100 Dollars' - (S10.00)and otherveivable consideretions paid by the party of the second part,-does herebygraret and release unto the party of the second part,its heirs,successors and assigns forever, ALL Out cat-in plot.piece or parcel of lard,with the buildings and improvements thereon erected,situate,lying and being in Fisher Island in the Town of Southold,'County of Suffolk and State of New York,being bounded and described -0 follows BEGINNING at a plug in the sidewalk at the unersecuon of he Westerly,Iine of , Crescent Avenue and the Southeasterly linre'of Athol Cnescrn said point being 2975.60 feet North ofa point.which is"1832:55.fact West"ofa stone monument' markingthe U.S.Const&Geodetic_Survey Triangulation Station"PROS";than" ' s iunning South 57 degrees 38 minutia West 413.43 feet abutting Northwesterly on . - f tool Crescent:thence South 37 degrees 43 minutes 20 seconds East 10.0 feet; _ Ihence North 57 degrees 38 minutes East 10.0 feet;thence South 37 degrw 43 minutes 20 seconds East 219.38 Rett thence North-77 degrees 45 mirorta 30 = ' seconds East 100.89 feet thence South 66 degrees 29 enhance 40 seconds East ". :10.95 fact;thence North 28 degrees 45 minutes 20 seconds East 27.13 fat;thence North 25 degrees 54 minutes 40 seconds Wet 28.93 feet;thence North 40' degrees 21 minutes East 156.97 feet to the Westerly fine of Crescent Avenue; thence North 7 degrees 26 minutes45 seconds West 220.78 fat to the poin of "- beginning abutting Easterly on said Crescent Avenue. Containing 1.84 acro,more or less BEING AND i_rTENDED to be the same premises descer bed in a Bargain and Sale Deed to the - party of the first part dated December 31, 1959 and recorded January 6,1960 in Liter 4750,page 530 in the Office of the Suffolk County Clerk. _ The aforesaid prermses are not in an agricultural district and are"entirely owned by the transferor herein. . . _ 'TOGETHER with all right,title and interest,if any,of the'party of the first part in and to any sweets and roads abutting the above desrnlsed premiss to the center line thereo[ ' 'roGETH1iR with the appurtenances and all the estate and rights of the party of the first 41 t Y pan in tmd to said premises, TO 14AVE AND TO HOLD the prervaes herein Wanted unto the party of the iacond y � part,the luin or successors end assigns ofthe parryof the seowid part forever. r"r1A"`T+t"'1..RwYe�ArL'�si =tea i -+4!! +4 sat, ,,:e s+T ^r W F;"sv t•{ ^*"fmAp' r+�r&',� S^al,,x lee+ ry Y a �: �lSlr: ®!< AND the party of the first part in compliance v ith Section 13 of the Lim Law,wvenants that the party of the first part will receive the considmoen for this conveyance and will hold the right to receive such considerationconsiderationdconsiderationu a[rust Pond"to be applied first for ilia purpose of paying the —® e .cost of the imprm avrnt and will apply the same first to the payment of the cost of the improvement before using any part of the total of same for any other purpose. AND the party of the first part covenants as follows 1 Fust- That said parryof the first part is seized of the said® pnmrses in fee simple,and has Y good right to convey the same: r - , 3 Second- That the Parti of the second past shW quietlyenjoy the ad premises; i Third- That:he sitsj premae premises we flee from errwmbranc . ccpt u afaiesaid: Fourth- The:he party of the fust put wig mecute and procure any further necessary assutmrce of the title to said premium-; _ Fifth- That.aid party of the first part will forever warrara title to said premisesAE . e - The word'party'shall be continued as,if to read'parties"whenever the sense of this indenture w require. IN WTINESS WHEREOF,the parry of the first part has du'v executed this deed the day -�� and year first above written. .'t; Signed,Sealed and De`evered'. in the Presence of.. KD Witness Edith H.Anthoine Witness ur..rr............. STATE OF NEW YORK " COUNTY OF NEW YORK u: .............• 'as®� On this the /7 day of November, 1999,before me,the undersigned,personally - appeared Edith H.Anthoine ,personally know to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrumem,the individual,or the person upon behalf of which the individual a�taQl,executed the instrument � 1 - i mu.orvE n�uo. i,,,.a Tyey YOM Ira® cam u' runaYl� Nolary Public _� O �_ I a;.tm i/3'O"&M'v' w.s K ♦ -..ns+ Fi ' �J •S v. 1WIPC12a h 2' :_AEccly t REZD0id9EI) .Numberofpa8es 3 REALEST TE � TORAENS - S 5915 qua IS ._, serialw .:' - EGVNE �w TAA?7SFE TAX CLE, GF ■ V_: CemMm w I 'q-'SUFFC)LF( - SUFFGLK COUNTY r a pr mr Ctf.H Dead Mortgage lnslrvmmt Deed.?, rgagre To.Stung - Recording/Filing Smmps - -_. FEES p - - Pagc/Filing Fee 9 /^. . omp,_ .. r` '.Handling I.Basic Tax r Additional Tax Nautili." Sub Total �- EA-531](Cour'J1� J _ bTelal — _ Spec/Assn. EA-5217(Slme) � _ Or — a RP:LSAA/ TOT MTG.TAX Comm.of Fi+. a5,00 lz 4 il�:� Dual Town Dual Countl— n m far Appomm�me _ ARJavn Trani Tax v�>✓— d Centfied Copy 3v q0�� Manston Tax Y,r ' a - Ilia property covered by this mortgage is or t Ree.Copy be improved by a ane or two family + %p .Sub Taal dwelling only. — '- Other /_ ':,.,YES or NO GRANDTOTAL V/ I(NO,stt Appropriate tax clause on pagep -- ofthisiminwenL r-. Y ' Real Pmpmy Tar,Smiee Agency Verification 6 Community Preservation Fund ','U �I Din. 151tion Blocky l.ot Consideratism Nnount S 8.00 'Stu %i '.000 1 009,00 02.00 006.11101 Cl'P'I'ax Uuc S 0.00 Improved Ini:us - R=CEN Vaca t Lac 1 A - r Satisfactions/Jischarges'Releas&List Propene Owners Mailing Addrc S �✓ aero k RETURN 10: -, D _— NOV 16 1999 TD Nina W. Lett, Manager TD Windham Res:carte"e'. LLC CC4M,vIUN17Y 35 Woods GroveRoad PFtESEF.VATlO West?ort, Connecticut 06880 FUND - `- g Tifle Company Information Co.Name Title k SU501 County Recording"& Endorsement Page Ihisp'dgc fammpm]oftheatmched Warranty Deed - made br -- (SPECII'Y'IYPE OF INSIR11RmYl-) 'Oxprendscshereinissituatcdin - _= Edith H. Anthoine SUVrOLK COUNTY,NEW YORK- TO ORKTO In the T"wrohip of 'Southold Windham Resources LLC In IIv VILLAGE - . orlIMILGT of -`'Fishers 'Island ISOXLS 571 UlU9NPJSf BEIYTO OR PRINILD IN BLACK INK ONLY PRIOR fO RE•CYJItDING OR FILING, �o District 1000 WARRANTY DEED - , Section 009.00 Block 02.00 .. .Lot . 006.100 t . v ITIS INDENTURE,made the R ~ day ofxovember•1999, F• x' .. . between - -EDITH H.!NT HOINE,residing at nol!Athol-Crescent Street, Bou 242,Fishers Island,New York 06390. pasty of the first pmt . .. ! . and WLVDHAM RESOURCES,LLC,a Comlectiad domestic limited liability (.. company,having in address at 35 Woods Grove Road. �'sT6 Westport,Connecticut 06880, - w pay of the aaonl part k q7 WITNESSEIN,that the party of the first part,m consideration of Ten and IXVI00 DoOas C (SIO 001 and other vahubk considerations paid by the party of the secord part;'does hereby s,to and release unto the party of the second part,its heirs,succen rs and asigns forever• AU that certain plot,piece or percul of tend,with the buildings and improvements thereor. erected,situate,lying and being in Fishers[aland in the Town of Southold,County of Suffolk and Stere of New York,being bounded and deserised as foams: '- BEGINNING at a monument on the northeasterly line of Orienal Avenue at its intersection with the soudrast line of Athol southeasterly Crescent'sa Jpoiet being 2719.47 •f "feet north of a point which is 2236.65 feet west of another n omtment marking the Y United States Coast and Geodetic Triangulation Station"PR(ao"and `. THENCE RUNNING along said Athol Crescent line North 57 degrees 38'00" J� East NCE feet T�TVCE 1South 37 degrees 43 20 Fast 10.0 felt, THENCE North 57 degrees 38'00'East 10.0 feet; THENCE South 37 degrees 43'20"Fast 219.38 feet - THENCE South 52 degrees 16'40"West 74.67 feet to the northeasterly side of Oriental Avenue; THENCE along said Oriental Avenue North 37 degrees 43'2"West 236.37 feet to the monument at the intersection first shove mentioned it the point or place of . BEGINNING containing 0.39 acres•more or less. B(:ING AND INTENDED to be the same premises described in a Bargain and Sale Deed to the ` party oFthe firs ,air dared May 22, 1978 and recorded June 2,1978 in Liber 8437•page 400 in µ' the Offke of the titiffolk Cd6nty Clerk and formerly(mown under Tax Map Designation 1000- -r,'.. 009.001)2.00-006.000. _ The aforesaid premises are�not in an agricultural district and are entirely owned by the tranderor herein. TOGETHER with alright,title and interest,if any,of the party of the first part in and to any streets and reads abutting the above described prmiises to the center line thereof, i TOGETHER with the appurtenances and all the estate and rights of the party of the fim put in and to said premises. —�_ TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,tte heirs or succession and assigns of the(arty,of the second pan fomer. r .. 12p01P"125 q� AND the party of the fiN Partin lance with Section 1 S of the Lims that the Pavy of the fir PN will receive rhe w'oideraeicer fa this oor'vq'u'rs and_.. - '- - of pay,"the: aaa oust fixed to be applied firxr Ca the P'aPo" right to receive melt comukxaoon . k;. yid wr1 the same firs!to the P!mem of the cost of the cost ol'the imfroven'na - s D'h ''- inryrovemem Irelore using any Pan of the teal of same fa any alar purpox. _ AND'he partY of the first Den cavamnts M follows: Vint- That said Party of the first Pan is feiacd of ft,aid Premises in fee simple.ad hes good right"COIRN the sar"e: kd, shall quietly enjoy the said Premises; Second That the parry of thed second Pa's - y..,. except as aforesaid; Third- That the said premises are free from enambrantts; „�... .. ' That the party otthe firs[Pen wig extxute and procure airy(unbar necessary Fourth- remise:' r .. ' astanacce of the title to said p F - -That said Darty of the first pan w'ft Onerr warrant title to said Premises'. Fifth- —t'• The word"PAY"shall beconsuued as if to.rad"Parties"whenever the sense of this LL �• aaaaaai. indenture io rWuiRi the first ICI WITNESS WHEREOF,the Party Of Part hes duly executed this deed the day • and Year nrst above written - ,.. . Signed.Sealed and Delivered �... in the Presence Of Edith H.Anthome Witness —aaaaaaaaaaaa��). ,. O, ...................... STATE OF NEW YORK • COUNTY OF NEW YORK -.u.......s,.....G.... On this the 7 h day of November,1999.uefore me•the undmign' Personally appeared Edith H.Anthoine ,personally know to me or proved to me on the basis of satisfactory EditCVj -to be the individual who"name is subscribed to the within insttumem end acknowledged tc idividd that by her sillosture on the uaal.or the person uphe(MCCUtCd the on Irwhich the ie Ift individual act d'executed he t� _ instrument . EC':n i COL ± Notary Public :C 3 .:s4 - .ser• z. ...,,-. VL ti JUN-13-00 03:32 PM CHANDLER PALMER AND KING 8608867801 P.01 Fi hp G Gp �Pih nj$y.+ �� �♦C� I 11 Y K , aft` v A� 4. �J p A3; Jo,• y� ow A i F �,lle ' i , i i _AND TO BE CONVEYED e;Y ND LAND COMPANY, INC• �•� �.'�4°�1�,°�G TO o�eesfo`F1< I G 1• wP e. I � ISL4NO UTI LITY COMPANY, INC, ISLANC, NCW YORK :a a� ifi a1 sc LE: 1"•40 FT a, CONNLrCTICU'T' COOPDINAYEDISTANCES AJCE .,,r, '° "Y 1a. I 6G inn ,�.-n .•e., r nn ., n+ nun # r PLANNING BOARD MEMBERS O%gFF0(,( BENNETT ORLOWSKI,JR. 0� CSG Town Hall, 53095 State Route 25 Chairman = y� P.O. Box 1179 WILLIAM J. CREMERS h Z Southold, New York 11971-0959 KENNETH L. EDWARDS • Telephone (631) 765-1938 y GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 2001 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board on Monday, May 14, 2001: BE IT RESOLVED, that the Southold Town Planning Board hold the hearing open until all notification requirements are met. The next Planning Board Meeting is scheduled for June 11, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, � Bennett Orlowski, Jr. Chairman May 10 0?. 17: 05p P. 2 • /Gt r C To: Plm=gBoard, Southold'FewaHall From, Richard 3t Lillie Almian We&: aot disapprovc cfthe merger of;he Island H eah:h Project's lot(SCTM#1000-9-2-6.2)with the f'iv:c Association's let(SCT`'#1000-9-2-81, Sincerely, 1 May 10 01 :.2: 05p p, 1 kt ,q), Piarujuti Boatel, 5outhuld"row1111011 �C11 (f1e,X4 f) n,- ,5 (:,4= ce3 RE: Island Health Project, Fishers Island,New York I wholeheartedly approve of the merger of the Island Health Project's lot(SCTM 01000- 9.2-6,2)with the Civic Association's lot(SCTNI 01000-9-2.8)• 510G5I6�`', Southold Town Planning Board Page Two May 14, 2001 PUBLIC HEARINGS Subdivisions: Mr. Orlowski: 6:00 p.m.: Island Health Project, Inc. - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. Mr. Edwards: Mr. Chairman, Members of the Board — Because I'm also a member of the Island Health Project Board, I would like to excuse myself from this action and any further action pertaining to the subject. Mr. Orlowski: O.K. We'll note that in the minutes. Mr. Edwards is leaving the room. Also, because we have a notification problem here, this hearing will be held open. Patricia Moore, Esq.: I'd like to apologize to the Board and the attorney that is here. We will be sending out certified letters for the next hearing. We would just ask that any documentation or records that are presented here be incorporated into the next hearing. Very briefly, this application is intended to effectuate what occurred in 1978 by way of deeds. The history of this parcel and the adjacent parcel owned presently by Windham Resources, LLC is that the Fishers Island Farms owned the entire piece and other parcels in the area. This and the adjacent parcel were owned as one lot by West End Land Co., Inc. in '66. In February of'66 the parcel, again in its entirety, was deeded to Fishers Island Utility Company and that's where the problem occurs because the F.I. Utility Company, starting in '77 and '78, deeded out the one parcel to Island Health Project in 1978 and split the parcel by deed and conveyed the balance of the parcel to Robert Anthoine which has since been conveyed to Windham Resources, LLC. Windham Resources owns the adjacent piece and the improved house to the rear of the Civic Association property and it has been merged as a matter of zoning law by the deeds. Island Health Project, on the other hand, because it owned the parcel independently of Island Civic Association retained its independent status. However, the parcel was not properly subdivided with Planning Board approval in '78. At that point, the Planning Board's procedures were to approve, by one form or another through your action, a lot line change. I have, for your records, the F.I. Civic Association's resolution letter from the Chairman and Board Members which authorizes us to proceed in this manner as well as the resolution which appoints me as their representative to effectuate the lot line change and any further applications that are going to be before the Zoning Board. So, I have that here in my file which I will give to you. I have also included the Windham Resources, LLC deeds which reflect the two parcels that are in common ownership and that may have merged. In addition, I have two photographs for the benefit of those of you who don't visit Fishers Island regularly. There is a photograph of the existing Island Health Clinic which is still owned by the Civic Association but will be conveyed to Island • Southold Town Planning Board Page Three May 14, 2001 Health Project and the adjacent lot. So, I have two photographs of that for your records and the original survey from 1966 that was surveyed by Palmer at the time which looks like it was a survey showing the boundaries of the property from the West End Land Co. to Fishers Island Utility Company. I have that for your records. If you have any questions, I'll be happy to answer them. For the record, the property was posted but we will re-post it. We have the sign up and when the time comes, we'll insert the change of date. Mr. Orlowski: O.K. Good. Richard Mathew, Esq.: Mr. Chairman and Board Members, I am an attorney with an office on Main Street in Bridgehampton. I'm here on behalf of Windham Resources, LLC, Nina W. Leth, Robert Anthoine, Edith Anthoine and Nelson Anthoine — principals of Windham Resources. I understand what this meeting is about and I have a couple of procedural questions, the first of which is with regard to the lack of notification. Ms. Moore has been putting case in but if you don't have jurisdiction due to faulty notice, I don't understand how you can take the testimony that has just been offered to you. My more important point really is with regard to the fact that my clients do own a half interest or half of the Fishers Island Utility Company property that was illegally divided in 1978. By reason of its having been illegally divided, it does not constitute a subdivision approved by you, would not have qualified for subdivision approval back in 1978, and as such, it seems to me that Island Health and Windham Resources are tenants in common in ownership of that — my clients have not joined this application, do not intend to join this application, do not support it in any shape and we will oppose it. I have a letter to that and I would like to hand that out to you at this time. I don't have one for everybody. Mr. Orlowski: Thank you. Mr. Mathew: In addition, it has come to our attention through a title search that there have been transfers between Fishers Island Civic Association and Island Health Project. We have commissioned a search of the Certificates of Incorporation of those entities and find that there are problems with the purported transfers. We have filed a complaint, on behalf of my client, to the New York State Attorney General's Office questioning the bona fide use of those purported transfers. In the first instance, Fishers Island Civic Association, as a not-for-profit corporation, is legally required to have a meeting on notice to the shareholders before it can transfer properties. There is a deed purported to have been offered for recording that does not contain the necessary statutory language that the shareholders have consented to it and thus we allege in the complaint to the Attorney General's Office that that transfer is illegal. Similarly, with regard to Island Health Project, its Certificate of Incorporation specifically notes on it that it is not entitled to operate, own, build a health care facility so we've brought that to the Attorney General's attention as well and a copy of the complaint that's been filed has been been responded to by the Attorney General's Office and, I believe, additional proceedings will be had on this. I'd like to make this part of your record as well. Southold Town Planning Board Page Four May 14, 2001 Mr. Orlowski: Thank you. Mr. Mathew: In essence, by reason of the fact that Windham Resources and the Anthoine Family own a piece of the property that's sought to be merged to the property that is sought to be conveyed to the Island Health Project — since my clients do not join in that application, I would respectfully submit to you that you have no authority to act on the application. Absent statutory provision that you have in your code —we've looked through it and can't find it — I would think that it's what we lawyer's call "black letter law". Everyone who owns the property needs to join in an application since we own half interest in it and a tenant in common because it was not subdivided with your approval. We don't believe that you've got any way to go forward with this application and we would respectfully request that, at this time, that you so note in your minutes and bounce the application for a lack of a more genteel way of saying it. Obviously, we will continue to present our opposition in the event that you go forward with any further proceedings on this matter and we will respectfully request— and I'll contact your office —that we be notified. Thank you very much. Do you have any questions for me? Mr. Orlowski: Does the Board have any questions for Mr. Mathew? (There were none.) No. Mr. Mathew: Thank you. Mr. Orlowski: Any other comments on this application? Ms. Moore, Esq.: Just a response — I would ask that if Mr. Mathew wishes to incorporate this into the record, is he then consenting to the opening of this hearing and incorporating the information that he submitted to the record or are we going to repeat everything at the next hearing? Mr. Mathew: Respectfully, as I noted — I don't believe you have any jurisdiction in an open meeting, in the first place because there was a defect in the notice. Your having taken testimony from Ms. Moore - as a courtesy since I am here, I was delivering materials to you, I don't believe that I have any authority to tell you that you do or do not have jurisdiction to open this meeting. I'm merely making a point for the record that you do not, not withstanding, I put a document in as a courtesy to both you and counsel for the applicant. I'll take it back and come back on the next day and undo what I've said. Mr. Orlowski: We're not going to undo anything. We're going to keep the hearing open until we iron everything out. This information was brought up at the hearing; it will go on the record. It's on the record right now. The hearing will be open. We'll take any other comments tonight and I'll entertain a motion from the Board to keep this hearing open until next month and we'll discuss it again and we'll have time to review some of these documents that you both handed in. Mr. Mathew: I appreciate your courtesy in this matter. Just for the record, no, I do not waive any jurisdictional defect. Thank you. Southold Town Planning Board Page Five May 14, 2001 Mr. Orlowski: O.K. Ms. Moore: I'll continue with my argument at the next hearing so it will clearly be part of the record. Mr. Orlowski: O.K. Any other comments? (There were none.) I'll entertain a motion to hold this hearing open until all notification requirements are met. Mr. Caqqiano: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Mr. Edwards abstained. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: 6:05 p.m.: Deerfield Farm - This proposed lot line change and minor subdivision is for 4 lots on 7.362 acres. The property is located on the northwest corner of Main Bayview Road and Jacobs Lane in Southold. SCTM#1 000-88-1-1 & 2 Are there any questions or comments on this lot line change? Hearing none, I'll entertain a motion to close the hearing. Mr. Caqqiano: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. (The hearing was closed at 6:07 p.m.) What is the pleasure of the Board on this? Mr. Cremers: Mr. Chairman, I'll offer the following: Southold Town Planning Board Page Six May 14, 2001 WHEREAS, this subdivision and lot line change was approved by the Southold Town Planning Board on March 12, 2001; and WHEREAS, the Planning Board discovered that the Notice of Hearing was not published in the newspaper as required by law; and WHEREAS, the Notice of Hearing has now been published; and WHEREAS, the hearing was reopened and reclosed; be it RESOLVED, that the Southold Town Planning Board uphold the approval of March 12, 2001. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. Mr. Orlowski: 6:10 p.m.: Reynold Blum at Southold - This proposal is to set off a 1.84 acre parcel from a 63.99 acre parcel. The remaining parcel of 62.15 acres has had Development Rights sold to Suffolk County. The property is located on the north side of the intersection of Main Road (State Route 25) and Lower Road in Southold. SCTM#1000-69-5-18.1 & 18.2 This, too, is being done for basically the same reason. Does anyone have any comments on this? Hearing none, I'll entertain a motion to close the hearing. Mr. Caggiano: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? The motion carries. (The hearing was closed at 6:12 p.m.) What is the Board's pleasure? J� Submission Without a Cover Letter Sender: PIA /14eu/�tsq. Subject: S-34 SCTM#: 1000- 6,a r� A � .f . Date: '3r/q/01 MAY 15 2001 Comments: Southold Town Planning Board DQw,,Oit r,4kc keGv,� FROM : FISHEPS 2SLkAD U'TILITY6IIANY PHONE NO. : 6317087790 . May. 06 2001 &:01PM P1 FISHERS ISLAND UTILITY COMPANY, INC. FLSF-IERS ISLAND NEvv YORK 08320 I AREA CCOE 631/788-726'1 -AX S21/78S-779A T e.ue f'l Dei ien�. PF6EioEM May 8, 2001 --.P•, , rte, 'ro, Couttiold planning P�. rd r I .I� j Southold Town Hail ` x FRf1M- FiaFrara falanr# Utility t'nrn V J 2001 n.. , ,v,. , , 1. , 60uthoidTown Fishers Island, NY 06390 Planning Board 1IVe Wllulellealiedly approve ur dle melyer or LIM Island Hean.11 I-Mjelcr lar \JI.T Mif i VGU`'-L`O.L j W1L11 UIC Uvll1 A!U1,:1d UUn 1Ul �Jt. l l�lih l VVV7`L^Of. Sincerely v Thomas F. Doherty President PLANNING BOARD MEMBERS e_- Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. h� ' P.O. Box 1179 Chairman C Southold, New York 11971-0959 WILLIAM J.CREMERS y Z KENNETH L.EDWARDST Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .f� O`� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 14th day of May, 2001 on the question of the following: 6:00 P.M. Public Hearing for the proposed lot line change for Island Health Project, Inc. The properties are located at the north corner of Oriental Avenue & Crescent Avenue, on Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-9-2-6.2 & 8. Dated: 4/20/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 3, 2001 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: The New London Day The Suffolk Times t P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold Town Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org Fbx To: The Day Publishing Co. From: Valerie ScopazlCarol Fam 860/442-5443 Pages: 2 Phone: 860/442-2200 Date: 4/20/01 Re: Legal Ad for 5/3/01 Edition CC: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ad in your May 3, 2001 edition. Thanks. • P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold Town Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org ftx To: Christina Weber, The Suffolk From: Valerie Scopazicaroi Times Few Pages: 2 Phone: Date: 4/20/01 Re: Legal Ad for 5/3/01 Edition cc: Urgent For Review Please Comment Please Reply As Requested Please print the following legal in the May a Edition. Thanks. r STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Nozic� lb OS�s of Mattituck, in said thatTow 4^ ac to Section of the county, being duly sworn, says that he/she is Principal Tows yMy•"WI Bela k the soia.Town .� clerk of THE SUFFOLK TIMES,a weekly newspaper,pub- Bo"� Taom Ffrl,Main Road lished at Mattituck, in the Town Of Southold, County of Sin 141h New York in uia Town on me y,rru i y r�.t+W.on ft Suffolk and State of New York,and that the Notice of which "Wition� �`f°k Heli the annexed is a printed copy, has been regularly pub- PRIMPosid az � Island lished in said Newspaper once each week m popertiog m am boallbil at the for weeks successively, comencing ortewid Avenue & CYecceut on the 3 day Avenue,on Fiahesa Town of Of���A�20 New y0i !ofSuffe k,State of Number 2-$idge&2 County Ta: CHRISTINA T.WEorr� Dated:4,12/M - Notary Public state of Naw York BY ORDER OF THE' Qualified No.OiWuffolk o Pnna I erk 01011 ed in Suffolk County SOUTHOLD Commission Expires December 13,DI J saw BO. Jr Sworn to before me this Ilaz-dirr ` day of /IA.Cu I 20 O j— Cil63t.4 tJ 11ef_ i § 58-1 NO'T'ICE OF PUBLIC FEARING § 58-1 Chapter 58 NOTICE OF PUBLIC BEARING § 58-1. Providing notice of public hearings. [HISTORY. Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] §58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 6801 1-25-96 § 58-1 SOUTHOLD CODE § :i8-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. 5802 1-26-es Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of theTown of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-9-2-6.2 & 8; 3. That the property which is the subject of this application is located in the R- 40 (Residential) Zoning District(s). 4. That the application is for a lot line to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765- 1938. 6. That a public hearing will be held on the matter by the Planning Board on May 14, 2001 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Island Health Project, Inc./F.l. Civic Association Date: April 19, 2001 0 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAW AND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: Island Health Project, Inc./F.I. Civic Association SCTM#: 1000-9-z-6.z & s Date of Hearing:Mon. , 5/14/01, 6:00 p.m. ISLAND HEALTH PROJECT, INC. AND F.I. CIVIC ASSOCIATION • ISLAND HEALTH PROJECT, INC. 1000- 9 -2 - 6 . 2 & 8 Lot line change to merge a 10,890 sq. ft. parcel, SCTM#9-2-6.2, with a • 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. MON. - MAY 149 2001 - 6 : 00 P.M. PLANNING BOARD MEMBERS �OgUFFO(,�C BENNETT ORLOWSKI,JR. .r� 0(� Town Hall, 53095 State Route 25 Chairman y� P.O. Box 1179 WILLIAM J.CREMERS h y. Southold, New York 11971-0959 KENNETH L.EDWARDS $ Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .f� O�� Fax (631) 765-3136 RICHARD CAGGLANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 17, 2001 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Proposed Lot Line Change for Island Health Project, Inc. SCTM # 1000-9-2-6.2 & 8 Dear Ms. Moore: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, April 16, 2001: WHEREAS, this application is for the merger of an unrecognized 10,890 sq. ft. lot, SCTM# 1000-9-2-6.2, into a 12,565 sq. ft. lot, SCTM# 1000-9-2-8, on the northern corner of Oriental Ave. and Crescent Ave. on Fishers Island; and WHEREAS, the Planning Board is allowing the lot-line change to proceed ahead of the proposed site plan because this action will eliminate an unrecognized lot and create a more conforming lot; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, May 14, 2001 at 6:00 p.m. for a final public hearing on the maps dated February 23, 2001. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Office, Southold Town Hall. Please return the endorsed Affidavit of Posting and the signed green return receipts Island Health Project — Page Two —4/17/01 from the certified mailings on the day of, or at the public hearing. The sign and the post will need to be returned at your earliest convenience after the public hearing. Also enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, &A4 e J.6 Bennett Orlowski, Jr. Chairman Encls. PLANNING BOARD MEMBERS �OgUFFO(,�c RENNETT KI,JR. =.t.� Gy Town Hall, 53095 State Route 25 Chaairirmmanan O � P.O. Box 1179 WILLIAM J.CREMERS N Southold, New York 11971-0959 KENNETH L. EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. G Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant April 16, 2001 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Island Health Project Inc. SCTM#: 1000-9-2-6.2 & 8 Location: Corner of Oriental Ave. and Crescent Ave., Fishers Island SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed lot line change will merge a 10,890 sq. ft. lot, SCTM# 1000-9-2-6.2, into a 12,565 sq. ft. lot, SCTM# 1000-9-2-8. Reasons Supporting This Determination: The merger of the two lots will create a more conforming lot. An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQR Negative Declaration - Page Two For Further Information: Contact Person: Craig Turner Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Department of Health Zoning Board of Appeals Elizabeth Neville, Town Clerk Applicant "�/ no✓ / L-or Lim ('!haw e_ .4-16-2 (2; •� PART 1 —PROJECT INFORMOON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere -as part of the application for approval and may be subject to further verification and public review. Provide any addition,- information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION - _'T la-.�� f/ecz C>°�r Pr��rr t _ i�c +i shcis�s%arch G vi c {� c- LOCATION OF ACTION (Include Street Address, Municipality and county) 1 'Shcrs �s/cord /V,5/ NAME OF APPLICANT/SPON�O/R _ I BUSINESS TELEPHONE ADDRESS AAenve A Cre,5;rc,71 Ave CITY/Po 1t5pe�rs (crrnc( -� ATE ZQOOE NAME OF OWNER (If different) BUSINESS TELEPHONE /a/x/ Hee-amPry _ - Wrc1 Fls�iers ane% v�d/ c.I ADDRESS CITYIPO - - STATE ZIP CODE 7"75he-rr, —1s/ctr,-W DESCRIPTION OF ACTION Merle_ yub Va-rrC-/s - Leer 1-loe gf,honc7e yz) .enab/t U �/�arl�ron of Piti51zn9 r -&11-41 C/inic Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and��u�ndeveloped are�aass./. 1. Present land use: ❑Urban ❑Industrial f eceommercial tL�k9sidential (suburban) ❑Rural (non-farm ❑Forest ❑Agriculture @Other Vacs 2. Total acreage of project area: ?-3 '15:5 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces _ acres acres �eyc6e ed r2 34 WoccletJ /O O Other (Indicate type) P r Jf-7 acres Z q5 J acres 3. What is predominant Bo�ll�t pe(s) on project site? 5<ene/ a. Soil drainage: L✓Well drained IGO 9% of site ❑Moderately well drained % of site ❑Poorly, ,-trained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through -4 of the NY' Land Classification System! acres (See 1 NY(-ItR��3�70) 4. Are there bedrock outcroppings on project site? Utes LYNri `. What is depth to bedrock? (in feet) 2 S. Approximate percentage of prfed project >ite with slopes: ❑0-1041, 9;, C I0.154S % ❑15% o reater "L 6. Is project substantially contiguous to, or con ain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes Rc 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes CKC 8. What is the depth of the water table? (in feet)(7e 6e e%lkr-mllwo)l 9. Is site located over a primary, principal, or sole source aquifer? C3<es ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes 2<- 11. Does project sitecc ain any species of plant or animal life that is identified as threatened or endangered? ❑Yes No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations; ❑Yes E<10 Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes (Xo If yes, explain 14. Does the present sits� include scenic views known to be important to the community? Dyes CWo 15. Streams within or contiguous to project area: IV14 a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name NONQ' —/ b. Size (In acres) 17. Is the site served by existing public utilities? 2 es ❑No R< a) If Yes, does sufficient capacity exist to allow connection? R es ONO w b) If Yes, will improvements be necessary to allow connection? ❑Yes 5401 18. Is the site located in an agricultural d' rict certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes CM0 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes (;K0 20. Has the site ever been used for the disposal of solid or hazardous wasm:5?_ ❑Yes f'_ o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) Y(9/NT HPPLtC>%/'Ol/ a. Total contiguous acreage owned or controlled by project sponsor�73. `755 acres. b. Project. acreage to be developed: 2-31 V5 S acres initially; 43, 4/3S acres ultimately. c. Project acreage to remain undeveloped O Kfu- -la acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate per�vnt of expansion proposed Do %; f. Number of off-street parking spaces existing Z propo>ed J ( l g. Maximum vehicular trips generated per hour (upon complcoon of project)? (Qvr"77 ,f Spt) h. If residential: Number and type of housini; omits: ^/`� / Ono Family Two Family / Multiple 1-amidy Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure 35" height: 3- width: 50 length. j. Linear feet of„frontage long a public thornughfare project will occupy is? �`�`'^ ft. 19wo 77 H. 'y�px C=N/Jpy15 i n n � 3 2. How much natural inoterialrock, earth, etc.) will In: removed trot sire? �� r✓� tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes ONO M a. If yes, for what intend— purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONO c. Will upper subsoil be stockpiled for reclamation? Dyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ys acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes ❑<o 6. If single phase project: Anticipated period of construction Z months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? Dyes L+'<O 9. Number of jobs generated: during construction 16- after project is complete 2- 10. 10. Number of jobs eliminated by this project n/?PNC 11. Will project require relocation of any projects or facilities? Dyes L9'No If yes, explain 12. Is surface liquid waste disposal involved? Dyes (PKO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? s ONO Type Jret%q,it YetfithrV 14. Will surface area of an existing water body increase or decrease by proposal? Eyes ONO (YV/4) Explain � � --- - -------- - 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes Lwrvo 16. Will the project generate solid waste? Dyes f9<lo G7XP1%V, 1pq/ a. If yes, what is the amount per month tons / b. If yes, will an existing solid waste facility be used? ❑'S'es ON c. If yes, give name UlNUi.O LtA"Al®F�G� location ,�,��- d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Lives 1:3 NO e. If Yes, explain 5TH/OA/ 17. Will the project involve the disposal of solid waste? Dyes P410 a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated- site life? yen S. 18. Will project use herbicides or pesticides? Dyes o 19. Will project routinely produce odors (more than one hour Iter day)? Oyes 94101 20. Will project produce operating noise exceeding the local ambien�t tnotse levels? Oyes 14401 21. Will project result in an increa>e in orwrgy Li,,!? Oyes L�7No If yes , indicate type(s) 22. If water supply is from w-dl., indicate pumimig capacity ��� gallunsiminute. 23. Total anticipated water usage per day &A gallon</day. 24. Does protect involve Local, State or Federal funding' Dyes 2<1 If Yes, explain 4 25. Approvals Required: Submittal *y PC Date City, Town, Village Board ❑Yes 2'N0 City, Town, Village Planning Board CR<es ❑No LOT L/A/E City, Town Zoning Board Frees ❑No ARZ' P ✓AV-i tVtL 7 City, County Health Department R es ❑No 4''�ep.9,us�ar/ - - T'B F- Other Local Agencies ❑Yes CK, Other Regional Agencies I+�es 19'No State Agencies ❑Yes ` to -Federal Agencies ❑Yes 9-M'o C. Zoning and Planning Information �� 1 . Does proposed action involve a planning.or zoning decision? Lr31'es ❑No If Yes, indicate decision required: � _ � ❑zoning amendment ning variance (special use permit Ct}Subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? - - _ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? C 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 2<es CN 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? c�omm�7f3r.- 8. 15 Is the proposed action compatible with adjoining/surrounding land uses within a '/. mile? 11<5 ❑N 9. If the proposed action is the subdivision of land, how many lots are proposed? NONE — a. What is the minimum lot size proposed? 6#b-e// /vw-&-c -2 PlgLAans 10. Will proposed action require any authorization(s) for the formation Of,-.ever or water districts? ❑Yes L9'ii ' 11 . Will the proposed action create demand for any community provided services (recreation, education, policy fire protection)? ❑Yes IRN o a. If yes, is existing capacity sufficient to handle proj(Fcted demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes CAIC4 a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate e avoid them. E. Verification I certify that the information provided abovo is true to the hest of my knowledge. Applicant,'Sputz Na Gf Date ?`n� Signature Title i If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedin_ with this assessment. 5 Part 2—PROJECT IMPACTS AND THEI MAGNITUDE • Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations bee reasonable? The reviewer is not expected to be an expert environmental analyst. •_ 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 simpl asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold o magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State an, 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 are illustrative an( have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each questioc • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the-potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. It impact will occur but thresholc is lower than example, check column 1, d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the Project s e? CN0 VES GPc'51., a �� � 7 .J�t P Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑)-es ❑No 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 ❑ ❑ []Yes []No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes No • Construction on land where bedrock is exposed or generally within ❑ ❑ 11 Yes No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve• more ❑ ❑ ❑Yes No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑N tons of natural material (i.e. rock or soil) per year. • Construction or expansion of a sanitary Lutdfill. ❑ ❑ ❑1'es ❑No • Construction in a designated floodway, ❑ ❑ Eyes ❑No • Other impacts ❑ ❑ ❑Yes ❑No I 2. Will there Inc an eltoct t _.,y u; or unusu,d bind (n��i/�/�is found on the site? (i o . cliffs, dunes, geological formations, etc)i/0 LYES Specific land forms ❑ ❑ ❑'Yes El No �� 6 • 1 2 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designatedas rotected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservati n Law, ECL) O ❑YES Examples that would apply to column 2 • Developable area of site contains a protected water body ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ El Yes ONO protected stream, • Extension of utility distribution facilities through a protected water body. ❑ ❑ Eyes ONO • Construction in a designated freshwater or tidal wetland. ❑ ❑ Eyes ❑No • Other impacts: ❑ ❑ Eyes ❑No 4. Will proposed action affect any non-protected existing new body of water? VO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ONO or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ El Yes No • Other impacts: ❑ ❑ Eyes ONO 5. Will Proposed Action affect surface or groundwater quality or quantity? V 41CO ❑YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No C • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action. w • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ [:'Yes No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes El No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ Eyes ENO • Liquid effluentwill be conveye.l off the site to facilities which presently e ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likelv cause siltation or other discharge into an ❑ ❑ Eyes ❑No 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 ❑ ❑ 11 Yes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ONO and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ Eyes ❑No require new or expansion of existing w,r+te tro.ionont .incisor +torage facilities. • Other impacts: ..__.__ ❑ ❑ ❑'YO5 ❑No 6. Will proposed action ,Iter drainage flow or paitcoi_s )c +urfacu water runoff? LWVO ❑YES Examples that would apply to column 2 • Prori Action would change flood water flows. ❑ ❑ []Yes ENO \ 7 • 12 3 all to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes []No • Proposed Action is incompatible with existing drainage patterns. Cl ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodwav ❑ ❑ ❑Yes 0 N • Other impacts: ❑ ❑ Eyes El No IMPACT ON AIR —// 7. Will proposed action affect air quality? IJYNO OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes []No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ []Yes ONO refuse per hour. • Emission rate of total contaminants will exceed 5 lbs, per hour or a ❑ ❑ Eyes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ENO to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ Eyes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes C-1 No IMPACT ON PLANTS AND ANIMALS 6 Will Proposed Action affect any threatened or end.:ng,7ed species? [.)NO EYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or I-ederal ❑ ❑ ❑Yes EN list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ENO • Application of pesticide or herbicide more than twice a year, other ❑ ❑ []Yes ENO than for agricultural purposes. • Other impacts: ❑ ❑ Eyes ONO 9. Will Proposed Action substantially affect non-threate,�ne� or non-endangered species? y o ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ Eyes El No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than to acres ❑ ❑ Eyes []No of mature forest (over 100 years of age) or other loc.illy important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural Lind resp rcc,' I NO ❑Y L S rxamples That would apply to r.oluam i • The proposed action would sever, cross or limit access to agar ultural ❑Yes ENO land (inelu(Je5 cropland, hayfields, pasture, vineyard, orchard. erc.) 8 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ - ❑ Eyes ENO agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ Cl ❑Yes (:]No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ Eyes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ Eyes 0 N IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? (CIO OYES (If necessary, use the Visual EAF Addendum in Section 617 21, Appendix 8.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes. ENO screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ Eyes I--]No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of 5Ktoric, pre- EV; �. historic or paleontological importance? O ❑YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ Eyes 11 No 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 ❑ ❑ Eyes ONO project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ONO archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes 11 No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or duality of exiting or future open spaces or recreational opportunities? Examples that would apply to column 2 f vo LJYES • The permanent fOrPcIO5UfC Of a future recreation,il opportunity ❑ ❑ ❑Yes ENO -' A major reduction of an open space important to the community. ❑ ❑ Eyes 0 N • Other impacts. ❑ ❑ Eyes ONO 9 1 IMPACT ON�RANSPORTATION 2 3 Small to Potential Can Impact Elf14. Will there be an effect to existing transportation sys�te/,�('_s? Moderate Large Mitigated By LN'0 ❑YES mpact Impact Project Chang( Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ 11 Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's source of fuel or energy supply? VJ o EYES , Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ 11 Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ El ❑Yes []No 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: Ell ❑ ❑Yes ❑N NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - O —YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive '❑ ❑ Eyes []No facility. • Odors will occur routinely (more than one hour per dav)_ ❑ ❑ Eyes ❑No • Proposed Action will produce operating noise exceeding the local ❑ L.' ❑Yes []No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ Eyes El No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety/ NO ❑YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes ONO substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous waste," in any ❑ ❑ ❑Yes ❑No form (i.e. toxic, poisonous, hil;hly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of 111iu1fied natural Yes ❑No gas or other flarnmable liquids. • Proposed action may result in ;he ex( ivation or other disturhan( ,, ❑ l�' ❑Yes ❑N0 within 2,000 feet of a site used for the disposal of solid or h.iinrdcus waste • Other impacts ❑ 11 Yes El No 10 • i 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing mmunity? Impact Impact Project Change - ❑YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ Oyes ONO j project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes ❑N will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ONO • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes []No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes C1 No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ONO (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes [:]No • Proposed Action will create or eliminate employment. ❑ ❑ []Yes 0 N • Other impacts: ❑ ❑ ❑Yes [:]No 19. Is there, or is there likely to be, public controvers related to potential adverse environmental impacts? NO --YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 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 impacts) may be mitigated. Instructions 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 inpact occurring; • The duration of the impact • Its irreversibility, including; permanently lost m,ourco. of valor • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local nerds and goals • Whether known ohjactions to the projrct rel.rtc to till, impart_ (Continue ori attachrnertts) ti 11 a PATRICIA C. MOORE t Attorney at Law t 51020 Main Road v� Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary March 5 , 2001 Bennett Orlowski, Jr. , Chairman, and Southold Town Planning Board Southold Town Hall 53095 Main Road a Southold, NY 11971 - 7 2LI1e1 Re : Island Health Project Inc . , and Fishers Island Civic Associationm„ Towt. t' arr"*'nq e"')Ar # Dear Chairmen and Board Members : We hereby withdraw an application for subdivision for the creation of a single and separate lot, and site plan application for a new health clinic on Fishers Island filed on October 11, 2000 . Enclosed please find an application by Island Health Project Inc . , and the Fishers Island Civic Association for a lot line change which will merge their respective parcels . In 1978 the Fishers Island Civic Association should have obtained from the Planning Board a lot line change and conveyed their parcel with the existing Health Care facility to the Island Health Project Inc . which employs the Doctor and maintains the existing health clinic . I have enclosed the deeds which show that on February 16`", 1978 the Fishers Island Utility Company, Inc transferred SCTM#1000-9-2-6 . 2 to Island Health Project, Inc . However, since the existing facility on SCTM#1000-9-2-8 retained title as the Fishers Island Civic Association, the parcels did not merge and now requires action by the Planning Board. The purpose of merging the parcels is to expand the existing Health Care Facility. Upon completion of the site plan for the addition we will submit the plans to your board. If you have any questions, or need anything further, please do not hesitate to contact me . V�2ricia y:Moore , i J . CC : Mrs . Susie Parsons, John S .W. Spofford, Albert Stickney, III and Southold Zoning Board 'c. i.rx '.k . V= `L 1.•r . r., „ ...I „. . ..... _ .- , �. i�.-4,1 ., ",4l-.,.e it-,,, �3R� . . . a .--I.r'IYV..�I.�,`F.. -n. ,..\.. . hl•'r i .if 1 ' r ....: W r3 .S,xv^x - a '.1 . 1, �n a. •xv I :ry, ( „8^4. G"F ' T ' ., "s f •1,1d::. -, `` 'u±...T x'.' e'I."',:Fr7r 'r`• Lfi:�a,",. r.F,x t. .I§Ir.,nrE x.',Rm•'vi7t•;r. xAT(w'� r` . , x 2 R x _. r . { - wI fw4o . . a ;� . I` N - I ' I � \ „N S66'29'40'E I 551'p4 30.95 1000-9-2-8 FISHERS ISLAND I ° SITE a CIVIC ASSOCIATION (FEND.) AREA = 12,565± SF I z�` "g o I 1 7 S G I I N S J °q'1 EXISTING RESIDENCEW.G. I " N/F .4 LAWN AREA 0 POLE I WINDHAM RESOURCES, LLC uT`�es #37z I I LOCATION MAP z I —. SCALE: 1 " = 400' ' I I g BIT. DRIVE N5T38'00'E 10.00' NOT 743'20"E 142.16' S3T43'20"E 219,38' _ _ _ _ _ _ 53 I V INDICATEDURVEY HEREON WAS ANYREPARED EXTENSION OF THER THE PARTIES BEYOND THE PURPOSE _y,l _ _ 53743'20"E 10.00' I \ — 50'----�') PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR 1000-9 -2- 6.2 EXCEEDS THE SCOPE OF THE ENGAGEMENT. I 1000-9 -2- 6. 1 AREA �I 10,890± SF 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, z WINDHAM RESOURCES, LLC Q UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, I U o I AREA = 17 290± SF �� � TO ALTER AN ITEM IN ANY WAY N FISHERS ISLAND IUTILITY COMPANY, INC. w C� 3 ) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S ?, (L I H TO ISLAND HEALTH, PROJECT INC. 2/ 1 6/78 1p rT SIGNATURE AND AN ORIGINAL EMBOSSED DR INF: SEAL ARE THE FISHER ISLAND UTILITY COMPANY, INC: R mz $ PRODUCT of THE LAND SURVEYOR. 0 o LIBER 8394 PAGE 37 I 4 ) COORDINATE DISTANCES ARE MEASURED FROM US. COAST AND s TO E. H. ANTHOINE 5/22/78 ^� POLE IDD Ic GEODETIC SURVEY TRIANGULATION STATION "PROS" V �I _ o LIBER 8437 PAGE 400 x}37, c m v .Z 1 I 10 SITE 15 IN THE TOWN TON 9, BLOCK P F LOTS 6.2 D& COUNTY OF SUFFOLK TAX MAP !\', `' _ EXISTING IOOQ, SECTION : f— I 44" MAPLE Q EXISTING m \ I 6 ) TOTAL AREA = 23,455 S,F.t. APLE\ 44" M , _ a� - .,-',413 7.) SITE IS LOCATED IN R-40 ZONE A ej •j N37`43'21 144.99' ^� 8.1 APPLICANT', ISLAND HEALTH PROJECT, IIJC N3T43'20'W 238.37 T � \ FISHERS ISLAND. NEW YORE. 09390 -; MONUMENT (BURIED) % \ N2719.47—', ( '-� j J� �•�'' 9 ) SITE IS SERVICED BY MUNICIPAL WATER AND ON 417E SEWAGE ' W2236.65 i / « DISPGSALSYSTEM. ORIENTAL AVENUE WATER N 241282 0 GATE I EXISTING MO2003-32 NUMENT (FOUND) 10 ) BASE, FOR LEVELS: NGVI] 1929 EXISTING MANHOLE ONE WAY MANHOLE 0��'ENTAL AVENUE aQCHMAR + -.� ('T'WO WAY TRAFFIC) ELEVATION 35.06 10' WATER - — — -- -- � `— — — — — — — — — — — — — EXISTING CATCH BASIN TYPE "CL" .p ll POLE a /,,._------- _. — - -- — — — TCONCRETE WALK _ — — — — — 7 — — — — — — T #128 '-- — — EX45TING PROPERTY UNE I— PROPOSED NCHANGE PROPERTY W Of P 3 ° ; ISLAND HEALTH PROJECT, INC. n a UTILITY NG OFFICE I W OZ, & k POST OFFICE t :c o FISHERS ISLAND CIVIC W ASSOCIATION ^PC�OF NEIti YO 2G 1G L 20 *^¢' y �PPDH' sT9, �s. GRAPHIC SCALE IN FEET ORIENTAL AVENUE & CRESCENT AVENUE NFISHERS ISLAND, NEW YORK } , in :. PROPOSED LOT AREAS; REVISIONS = LX LOT P: F-RENO, EXISTING AREA PRDPOS ,DA CHANDLER, PALMER de KING >. 21 O L AND SU�,�i DATE DESCRIPTION M,.. 10010-9-2-62 10,&90± S F. I Ff:FND - --- Architecture, Engineering and Surveying 23,455± S.F irq eFgwwAr NORMCM, m 0111111111) rug i Tel 01=11= LOGO-9—:--b 12,555± ; F N/F NOW OR FORMERLY ' S F. SQUARE FEET II I HEREBY CERTIFY THAT THIS MAP WAS MADE FROM ACTUAL SURVEYS "^ COMPLETED FEBRUARY 1, 2001 AND MONUMENTS ARE SET AS SHOWN 'DECLARATIONS OF COVENANTS AND RESTRICTIONS AFFECTING THE7 Lq�O� LOTS IN THE SUBDIVISION HAS BEEN FILED IN THE OFFICE OF 1HE DATE: FEBRUARY 23, 2001 " 1 SUFFOLK COUNTY CLERK IN LIBER -------- PAGE ------- SCALE: 1 " = 20' .Souffioi'fOuun - SHEET 1 OF 1 ISI-AD—HEALTH—UNE—CHANGE DWG/JJM . — A