Loading...
HomeMy WebLinkAbout1000-6.-6-20.4N/F .^~SHA .c ~ DENOTES PARCEL S C~ ISLANO UTILITY COMPANY, INC.. IN IBTa. KEY MI~P AFFECTING THE LOTS tN THIS SUBDIVISION HAS BEEN F'}'LED IN THE OFFICE OF THE SUFFOLK COUNTY C_ERK IN LIBER I/O[T P~GE '~,~:~ N/F ANTHONY J. MARSHALL LOT I I LOT 2 /Oo, N/F MARY R. / KEY MAP SCALE 1"=600` NOTES; KEY MAP SUFFOLK COUNTY DEPARTMENT OF H~ALTH SERVICES · HauppauBe, New YorkFEB ? This is to Ce~l~ that the p~ed arranAements JOT m~ter~ly and sewa)~posel for H~ 'in the (~ with a total of were appro~d on the above date, These facilities must conform to construction standards In effect at the time of construction, This approval shall be valid only m the evenL said subdivision/doral* opment plan is duly flied w~h the County Clerk w~thin 6 months of this date. Consent is hereby given for tl~e hhng of this map on whmh this endorsement ap~ars in the Office of the County Clerk in accordance with provisions of the Pubhc Health ~w and the Sultoik Aldo And Director, Division of Environmental Quality COORDINATE DIST~NC£S ARE MEASURED FROM U,S. COAST AND GEODETIC SURVEY TRIANGULATION STATION SITE IS INTNE TOWN OF SOUTNOLO, COUNTY OF SUFFOLK, TAX MAP lO00, SE~ION 0006, ~LOCK ~ LOT SITE TO BE SERVICED BY MUNICIPAL ~A~R ~NO ON SITE GOSS ' IS~ ' AREA I. 28~// ,, " t / AREAS, LOT I- I.85 ~CRES AREA Z25 ACRES / --___ ACR :i LOT 2 -- 1.28 .ACRES '1~,! . ,/ ? ,, APPROVED BY / TOWN OF SOUTHOLD ~ % / / /~ > ', -. ~ ~ ~ ~ -.-,... / .CENtRaL ~E~t ~ "~uD'~ ~ ~':~ ~' W YORK I HEREBY CERTI~ THaT THIS SUBDIVISION PLATW~S ~ W= / NOVEMBER 9,,1987 , ,. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938_ PLANNING iIARD SFFICE TOWN OF SOUTHOLD August 14, 1990 SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Richard F. Lark Main Road P.O.Box 973 Cutchogue, New York 11935 RE: Minor subdivision Fishers Island Utility SCTM9 1000-6-6-20.4 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board on Monday, August 13, 1990. RESOLVED, that the Planning Board authorize the Chairman to endorse the final surveys dated June 4, 1990. Conditional final approval was granted on April 9, 1990. All conditions have been fulfilled. Enclosed please find a copy of the endorsed map. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office you you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lessard, Principal Building Inspector Charles Watts, Assessors Office DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1990, by FISHERS ISLAND UTILITY COMPANY, INC., a domestic corporation with offices at (no ~) Oriental Avenue, called the Owner. WHEREAS, the Owner has and being at Fishers Suffolk and State of Fishers Island, New York, hereinafter title to certain lands situate, lying Island, in the Town of Southold, County of New York, said lands hereinafter being more particularly described in Schedule A attached hereto; and WHEREAS, the Planning Board of the Town of Southold did on July 11, 1989 grant sketch map approval on the parcel of land described in Schedule A into a minor subdivision of two lots to be known as "Minor Subdivision Plan Made For Fishers Island Utility Company, Inc., Central Avenue & Crescent Avenue, Fishers Island, New York". WHEREAS, on March 26, the Planning Board of the Town of Southold resolved 1990, there should be placed on the subdivision the following Covenants and Restrictions. NOW, THEREFORE, the premises described in Schedule A shall be subject to the following Covenants and Restrictions: 1. The driveways for vehicular access to Lot 1 and Lot 2 shall be from Central Avenue. 2. Any dwellings constructed on Lot 1 and Lot 2 shall be utilized for the purpose of year-round occupancy only. DECLARANT d~h~r~ ~u~t~r warrant, covenant and represent that the foregoi~'~restrlctlons and agreements shall bind the ~undersigned, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said ~remises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused its hand and seal ~o be affixed this day of , 1990. FISHERS ISLAND UTILITY COMPANY, INC. By_ Thomas Doherty, Jr., President STATE OF NEW YORK: : COUNTY OF SUFFOLK: On the day THOMAS DOHERTY, JR., ss. of , 1990, before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at (no #) Gloaming Avenue, Fishers Island, New York; that he is the President of FISHERS ISLAND UTILITY COMPANY, INC., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public SCHEDULE A DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument at the intersection of the northerly side of Central Avenue and the westerly side of Crescent Avenue, said monument being 3538.95 feet north of a point which is 1488.17 feet west of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and running thence along the northerly side of Central Avenue North 71° 27' 10" West 341.43 feet to an iron pin and land now or formerly of Goss; running thence along said last mentioned land the following four (4) courses and distances: (1) North 11° 46' 00" East 129.86 feet to a pipe; (2) North 78° 14' 00" West 7.22 feet to a pipe; (3) North 10° 49' 00" East 100.00 feet to a pipe; and (4) North 82° 40' 00" East 180.00 feet to a monument and land now or formerly of Marshall; thence along said last mentioned land North 82° 40' 00" East 166.59 feet to a pipe and the westerly side of Crescent Avenue; thence along the westerly side of Crescent Avenue South 14© 31' 20" West 397.72 feet to a monument at the point or place of BEGINNING. :~..2a:; : NEW YORK STATE OEPART~4ENT OF ENVIRONMENTAL ~ ' · DIVISION OF REGULATORy AFFAIRS State Envlronm nlel Quality Review PART lPr°Je°t Information (~0,~ [:NViF{O~,~N~.AL ASSESSMENT For UNLISTED ACTION . 1. be completed by Applicant or p-~' 80~ly Applican~sponsor .uJect SpOnsor~ Sland location: ]old :ny, Inc, 2. Project Name ~h~rs sland NOV. 3 ApPlication ('or a minor Subdivision into two residential lots. Westerly Side of CrT ' SCent Avenue andFishers northerly Side of Central-Avenue, Island, New York. (Suffolk County Tax Map. No. Section 006.00, Block 0.6.00, Lot 020.004) District 1000, /~] Yes /~ ,, g zonmg or otb · acres crlbe briefly A Varlance fr~? =~ Board .... uae Southold Town ZOninq of'Appeals is required. Vacant Land ... ~ Parkland/open space ~ Other .- . ..... ~u '~'Own Planning' ~) and~erm~Uapprovals g ernmental agency (Federal, stare or/ocalJr ~ Suffolk County Health~D~uar~ Mznor Subdivision ApProval me ~t [To be completed by Agency) ....... ,~ ~^f. ~---~ pART t~ Environmenta ~sess _. ~inate the review process and use the FULL/LONG FORM FAF ~---~-- ....... ~1 in h NYCRR P ....... - ~~ded by a~t }ART Iii Determination of Significance (To be completed by Agency) targe, important or - ' 'th its (a) setting (Le, urban or rurat); (b) probability of INSTRUCTIONS: For each adverse effectictentified above, determine whether it is substantial ,i,,nificant. Each effect should be assesse, c~ ,n..c~o..n~eac~j°g)wr~agnitude' if necessary, add attachments or reference, -'°~uration. (dj irre~ ersibility; (e) geograpmc ~v~, - show that ~ll relevant adverse impacts have been (c) · mate~Ms. ~nsu~e that explanations contain su[[~c~nt detail to aad adequately addressed, s~ni[~cant adverse ~mpacts which MAY o ~ Clmck this box if you have identified one or more potentially large or proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration- ~ Check this box if you have determined, based on the information and analysis above and any supporting docu that the proposed action WiLL NOT result in any significant adverse environmental impaCtS AND provide h~ attachments as necessary, the reasons supportng this detem]lnation: APPLICATION FOR APPROVAL OF PLAT To the Planning Board of tile Town of Soutbold: · The Undersigned appllca it bereb ' ' accordance wltb Article i6 of" -- y applies for ~ -. Law and tile R a,pp?.°val ora subdivision , . -c ooutllold Town I. Tile aPpliCant is the OWner of record of ' ~ unuer application ~ .... UnUer apl)l/catlon ~uu~nder .a.pPhcatlon' (If the applicant is not the " .... e applicant shall State his interest in said 2. The name of the subdivision is to be Utili.tz Company;, Subdivision for Fishers ........... Inc. ' .......................................... ................... Island 3. The entire land under ...... ~ ................................... suggested.) applicatiOn is described 4. The land is held by the Schedule "A" hereto annexed. (Copy of deed follows: applicant Under deeds recorded in Suffolk County Clerk's office as Liber ..... 5.9.7.3. ..... - ......... Page ,.. 1 7 ILR~K ................... On June 18 ....... t 1966 . ki~mx ...................... ',~,xO~aXot~ ~h~x xh~ t~.,~ x~t~Icav, dt ~ ,~. ' .......... ~ ...................... . ~d~la~t~ ..... . a,m~Ixi~ . . ........... ,'" .. 5. The area of the land is 2.53 ........................... .................. acres. ' ...... 6. All t~xes wbich are liens on tile land at tile (late hereof have been' paid t~21~iI~ .......... Is~etnc lmbered by .a:rl.~. mOrtc~a~ ......... ~zg'~::~I~:~ ............. v.--.. ........... ' .................. a~. ............. ~ ............. ......... ~u~h/x-m~am~ ........ · .... ............. ~×~ ~:~'~a~aa~= ............... ' .- ~k~..' ............. ' ........ .............. ~t~ .... 8. There are no other encumbrances or liens against the' land~v2tl~ ................. . ....... 9. Tim land lies in the follo~ving zoning use ti str cts"A-1" Agricul~ - ................ t-utah-/Re~idential 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, 11. The applicant shall at his expense install all reqnired public improvements. 12. The land (does) ~) lie in a Water District or Water Snpply District. Name of Dis- trict, if within a District, is Fishers I'sland W~ter Works 13.~ater mains will be laid by ..~p~O~$... o 14.~Electrlc lines and standards will be installed by P~..~.~.~ .~ Elec~ic ~9~. ~¢~i~... ~x ....... ~x~x~x~~~~ 15~as mains will be installed by . . ............................ 16. If streets shown on the ~lat are claimed by the applicant to be existing public streets in the Suffolk County II ghway system, anuex Schedule "B" hereto, to show same. 17. If streets shown o~ the ~lat are cairned b the ~ ' ~v%~tghold Highxgav system ..... Y o , a~ phcant to be existin* nt~bl; ........... 18 ~°/ ~d r~ on~U/'q~" ~ey or ~dUer';*~3~',f%~a~%~[9~nt Avenue . t ~mrc are no ernst lg~ bufl~Hv,2~ 37oq. ' ,,~,~ ~cm ~r on the plat. ~ ~= u~ structnres on the I,md xxlnch are not located and showu 19. Where the plat shows proposed streets which are extensions of streets on adjoiuing snb- di¥is~on maps heretofore filed, there are no reserve strips at the end of the sfreets on said 20. In the Cmtrsc of these proceedings, the apl~licant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schednle "D". 22. The applicant estimates that the cost of grading and required public improvements will be $. '~.0~ .... as itemized in Schedule "E" hereto aUnexed and requests that tbe maturity of the Performance Bond be fixed at .. 70.-. years. The Performance Bond will be written by a licensed SUrety COmpany tm/ess otherwise Shown on.Schedule "F" DATE .... ............. , ~9 ~.a ~..~.s ....aCs ~srn~ u~iw - - (Nam; ........... /~ant) ............ .~.i.s..h.e.r.s.. X~ ~.q ,.d. ,..~. e.~..~gr./;..0 ~.~ ~h ..... (Address) STATE OF NE~¥ Y.ORK , COUNTy OF ................................ ~ SS: ........ """""""""""""""""' ....... executed On the day of to me known to · .e nd~the foregoing- instrument, and acknowledg-ed that ............ executed the same. NOtary Public STATE OF NEW Y.ORK, COUNTy' OF ...... ~ [J'P..~.QY~K. ........... SS: On the . .~.3~' .......... day ............ of D. cl:aber .... , 19.8.8.., ~efore me personally came Rich.ar~..S,..Bake~.. ...... to me koown, who being by me duly SWorn did de- pose antl sa3. that .... 13.e ..... resides at 1~..(.13..o. . .~) Pennisular New York ................... Road, ........... ' .......... .. X$ J-.and, Presidan, ...................... that he .......... -r~-.~. .... of FISHERS 'rS ..... ' .................... is the ............. 4..qO~.D...UTIL.ITZ. C0~I?.ANy,. I.NC .......... the corlorat~o~ descrd)ed m and which executed the fm~om~- instrument; fiat he "j ..... · " ' ' ' ' ' '~ ' ' ............ ~:no~vs thc scal of said corporation; that the seal affixed by order of the board of directors of said Corporation. ami th:tt . . h~ ....... sig.ned . . .~j.$ ....... name thereto by like order. or.fy Vn'b'lig .................. ............ ":. -Ft' oP. , ,¢:1 PUBLIC, STgTE O[ ~6W Tf t*lt~G BOARD Please COmplete . pOard with Vou~' Sign and rerun- ~ ,. ~h~_ y of the fol._.P,eted applica~_~ne efface of hk-- ~.~e on yOur ~u~uwlng question~~uns forms. If -~"~ ~luence4 ~ --anteed SUrve,, i &s ~, please ~pr answer_ ~ ~r submit et~ ~J~UlCate ~er appropriate 1. Are there any wetland grasses on this parcel? Yes (Attached is a list of tile Wetland grasses defined by the Town Code, Chapter 97, for your reference} 2. Are there any other premises 'Under your OWnership abuttiag this Pgrcel? 3. Are there any building Permits pending on this parcel? ~s 4. Are there any Other applications Pending co~lcerning ~ No this property befo department or agencv?~m~., re.any Other .... wn , State, County, etc.} Yes 5. is there auy application pending before any Othe'r agency with regard to a different project on this parcel? 6. Was this property tile subject of any prior ~ No application to the Planning BOard? 7. Does this Property have a valid certificat~ ~ No of OCcupancy, if yes please SUbmit .a COpy of Same ~ Certlf~ that ~}le above Statements are true andw' PP~cati t Fishers Isl~-a ....... 9eat ~Y, ~C. Attachment to questionnaire ior~ lhe planning9 Board STATE OF NEW YORK, couNTY OF suFFOLK '~On~ ~he /day of _ October ~---' came_ Richard S. Baker individual described in and who executed the fore9°in9 and ackn°wledBed that he executed hhe same. · ~l~c ss: 198_~8, before me personally ko n{e known to be the instrument Southold Town Planning BOard Town Hall Southold, New York 11971 October ~8 · 1988 NOV - 3 Re: Minor Subdivision for Fishers Gentlemen: Utility ComPany, Inc. The fOllowing Statements in the review of the are offered for YOur Consideration above-mentioned minor SUbdivision and its referral to the Suffolk County Planning CommiSSion: (1) No grading' Other than foundation residential building is Proposed. excavation for a (2) No new rOads are PrOposed and no changes will be made in the grades of the existing roads. No new drainage Structures Structures are Proposed. or alteration of existing ISland Yours truly, FISHERs ISLAND UTILiTy COMPANy· /Nc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 1990 ScoTrL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Minor Subdivision for Fishers Island Utility Co. SCTM9 1000-6-6-20.4 Dear Mr. Lark: Enclosed please find a copy of the map dated June 4, 1990 which was re-endorsed by the Chairman on November 16, 1990. This subdivision was conditionally approved on April 9, 1990 and, upon fulfillment of all conditions, was endorsed on August 13, 1990. However, as the time to file the maps lapsed, it was necessary that the maps be re-endorsed by the Chairman. Enclosed please find the paper map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ~ Chairman / Encl. SUBMISSION WITHOUT COVER LETTER RICHARD E LARK ATTORNEY AT LAW MAIN ROAD ~ 0 bOX 973 CUTCHOGUE, NEW YORK 11935 August 3, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro RE: Fishers Island Utility Company, Inc. SCTM #1000-6-6-20.4 Dear Melissa: Pursuant to your request I am enclosing a photocopy of the Declaration of Covenants and Restrictions dated May 30, 1990 which was recorded in the Suffolk County Clerk's Office on June 4, 1990 in Liber 11078 Page 514. It is my understanding the Board will authorize the maps to be approved on August 13, 1990. RFL/bd Enclosure Ver~.~ruly yours// ~Richard F. ~ark 11078P 516 SCHEDULE A DESCRIPTION OF PROPERTY ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: ~.~ BEGINNING at a monument at the intersection of the northerly side of Central Avenue and the westerly side of Crescent Avenue, said monument being 3538.95 feet north of a point which is 1488.17 feet west of another monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and running thence along the northerly side of Central Avenue North 71° 27' 10" West 341.43 feet to an iron pin and land now or formerly of Goss; running thence along said last mentioned land the following four (4) courses and distances: (1) North 11° 46' 00" East 129.86 feet to a pipe; (2) North 78° 14' 00" West 7.22 feet to a pipe; (3) North 10° 49' 00" East 100.00 feet to a pipe; and (4) North 82~ 40' 00" East 180.00 feet to a monument and land now or formerly of Marshall; thence along said last mentioned land North 82~ 40' 00" East 166.59 feet to a pipe and the westerly side of Crescent Avenue; thence along the westerly side of Crescent Avenue South 14° 31' 20" West 397.72 feet to a monument at the point or place of BEGINNING. 11075f~517 RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - F~ O. BOX 973 CUTCHOGUE, NEW yORK 11935 July 25, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro RE: Fishers Island Utility Company, Inc. SCTM ~1000-6-6-20 Dear Melissa: In connection with the above-captioned matter, I am enclosing four paper prints and three mylars of the Minor Subdivision Plan Made For Fishers Island Utility Company, Inc. last dated June 4, 1990. I have received approval from the Suffolk County Department of Health Services which is indicated on the maps. I will need to return to the surveyor one of the mylars once the map has final approval and is signed by the Planning Board. If all is in order, I would appreciate you scheduling this matter for a final hearing and advising me of the date and time. RFL/bd Enclosures Very .~r~ly yours, ~R~chard F. Lark ,Itl Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTI' L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 10, 1990 Richard Lark Attorney At Law Main Road - P.O. Box 973 Cutchogue, NY 11935 RE: Minor Subdivision for Fishers Island Utility SCTM#1000-6-6-20.4 Dear Mr. Lark: The following took place at the meeting of the Southold Town Planning Board on Monday, April 9, 1990. The final public hearing, which was held at 7:30 p.m., was closed. It was RESOLVED that the Southold Town Planning Board approve the maps dated December 12, 1989 subject to review and approval of the Declaration of Covenants and Restrictions. As requested previously, the Planning Board awaits the following: Five (5) paper prints and two (2) mylars all containing a current stamp of Health Department approval. These maps must also contain the Liber and page number of the filed covenants and restrictions. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr.l'/~3 Chairman PLanNING BOARD MINUTE~ 2 APRIL ~1990 want but you've got in your resolution that you want affordable housing and I don't know what that means. I don't think anybody else does either if you read your newspapers. Then you wanted it for year round housing. Now, the more I thought about it, the covenant that I proposed for you, I think it intends which you intend and that is eight dwelling constructed on lots one and two shall be utilized for the purpose of year round occupancy only. I think that's what you want because I don't know what year round housing means and if somebody can explain to me what year round housing in the Webster sense of the word means I would be happy but I think under zoning and covenants year round occupancy with a dwelling is pretty well clear what you want if that is in fact what you want. The applicant has no problem with that. The words that you picked up were said in the thing about something about a June 29th, Zoning Board of Appeals, I represented the applicant in that to get the two lots and the reason for it is the utility company, its present intention is to put modular homes on the property and install two of its year round employees because you know on the island Walsh Park housing is a problem especially for the utility company to attract competent people. It is intended as a year round home so putting that restriction on doesn't have any problem because again the Board of Appeals tried to raise the affordable housing issue and they couldn't explain it to me either, what they mean and I think after, from what I gathered, and I will let Mr. Edwards speak on it because he lives over there and he knows the acute housing shortage and to attract people that is what the purpose is. It is. not the purpose of the utility company to subdivide and sell, they have no intention of doing that but on the other hand, fifteen years from now if the utility company a private utility, goes out of business and it is taken over by some type of power authority, who is to say what is going to go on over there. So I think the covenant would be enforceable by leaving it as I proposed to you and I think it meets the intent. The vehicle access again is not a problem and really what I think is you wanted those to be year round homes and year round occupied. You don't want them as summer homes or seasonal homes. I think that is pretty much the intent of everything. Mr. Orlowski: O.K., do you have any comments on that Mr. Edwards? Mr. Edwards: I kind of agree with Mr. Lark, I think that is the intent and it certainly is my intent that it stays year round housing. Mr. Lark: We're looking for a full time year round resident, that is really what we are after there. Mr. Edwards: I agree. Mr. Lark: I didn't know what it means because you know what the intent is. They didn't want to be l~mited as to the size of the PLANNING BOARD MINUTE~ 3 APRIL 1990 garage and all of that business that you get into when you get into square footage costs. Mr. Edwards: Maybe we can redo the covenants. Mr. Lark: I gave him a sample for what you want and if they are in approved form then I will get them signed by Mr. Doherty as soon as he gets back from Florida. So I move for a resolution approving this subdivision subject to approval and getting signed covenants into your office that are recorded. Mr. Orlowski: O.K.. Mr. Lark: Any further questions? We're been at this one for over a year or so. Mr. Orlowski: O.K., any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the board? Mr. Edwards: I would like to move this for approval subject to the approval of the covenants and restrictions? Board: No questions. Mr. Orlowski: No further questions, I'll declare this hearing closed. Mr. Edwards do yau want to make ~ motion? Mr. Edwards: I would move to approve subject to review and approval of the covenants so presented by Mr. Lark. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:35 p.m - James Cross This is for a set off of a 86,946 square foot parcel from a 7.914 acre parcel located on the north side of Main Road in Cutchoque. SCTM ~1000-108-3-12. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this set off? Hearing none, are there any endorsements of this set-off? Hearing none, any questions from the board? Board: No questions. COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE ~, a P~blic t ~e Town of SouthokL Couaty of Saffolk and State'~f'"'- 7< ~qew ~Yor k' ~ property ~s t~o~ered on the m)rth by land now or to~ of t~ry 1~. Ooss and ~ I~iid now or fo~mertY of An- t~or~ J. Ma.~hall, on the east by C~t Avenue, and SCutfi by .and on the west ~ of i of ~ ~N~.w York. St~f- fo~i~ ~mntY '1~ Map Number ~ ~nh by ~d ~w ~r f~ of ~. on ~he ~t n~ or fo~!y bf ~e~ki, f~rly of ~ ) ~ ~n ~fing to ~ he~ ~ ~he ~e mat~ should ~ a~ th~ ~me ~ pl~ s~fi~ D~: ~2~; ~ ~n~ ~W~ki ~r. ~ CBAiRMAN lX~ 3/29/~ (45) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... ? .... weeks successively, commencing on the .......... ~.~ ]~- ...... d~~,,'~ ,~. (.~ ..... , 19 .~'?.. ] % Sworn to before me this .......... '-q~ ~..~:¢~. .... day of Notary Public PA~B/~,2A A. SCHNEIDER riO;.;~, i>UBtl,t, State ct Nev~ York Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT'F L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 March 27, 1990 Richard Lark Attorney At Law Main Road - P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility SCTM# 1000-6-6-20.4 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 26, 1990. RESOLVED that the Southold Town Planning Board set Monday, April 9, 1990 at 7:30 P.M. for a final public hearing on the maps dated December 12, 1989. Please note that at the meeting the Planning Board requested that a Declaration of Covenants and Restrictions be submitted including the following: are to have access A restriction that the driveways for lot 1 and lot 2 onto Central Avenue. It was noted in the findings of fact in the June 29, 1989 Zoning Board of Appeals decision, that the lots are intended to be used for affordable housing. The Planning Board requests that the Declaration of Covenants and Restrictions include a restriction that the lots be for year round housing only. Page 2 Fishers Island Utility Please incorporate the above mentioned covenants and restrictions into proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted to the Planning office for review by the Planning Board and the Town Attorney. Once the document is approved, it must be filed in the Office of the County Clerk prior to endorsement of the map by the Chairman. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman RICHARD E LARK ATTORNEY AT LAW MAIN ROAD - I~ O. E3OX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734'6807 FAX 516 734-5169 March 12, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro RE: Fishers Island Utility Company, Inc. SCTM ~1000-6-6-20 Dear Melissa: In connection with the above-captioned matter, I am enclosing five paper prints of the Minor Subdivision Plan Made For Fishers Island Utility Company, Inc. last dated Dec. 12, 1989. I have received approval from the Suffolk County Department of Health Services which is indicated on one of the prints. Also enclosed are three mylars of the map. I will need to return to the surveyor one of them once the map has final approval and is signed by the Planning Board. If all is in order, I would appreciate you scheduling this matter for a final hearing and advising me of the date and time. RFL/bd Enclosures Very _~ruly yours t'Richard F. RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - F~ O BOX 973 CUTCHOGUE, NEW YORK 11935 FAX 516 734-5169 March 12, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro RE: Fishers Island Utility Company, Inc. SCTM 91000-6-6-20 Dear Melissa: In connection with the above-captioned matter, I am enclosing five paper prints of the Minor Subdivision Plan Made For Fishers Island Utility Company, Inc. last dated Dec. 12, 1989. I have received approval from the Suffolk County Department of Health Services which is indicated on one of the prints. Also enclosed are three mylars of the map. I will need to return to the surveyor one of them once the map has final approval and is signed by the Planning Board. If all is in order, I would appreciate you scheduling this matter for a final hearing and advising me of the date and time. RFL/bd Enclosures Very ~ruly your sy' ~ichard F. ~ark RICHARD F. LARK ATTORNEY AT LAW CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 February 1, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Fishers Island Utility Company, Inc. SCTM ~1000-6-6-20 Dear Mr. Orlowski: The Planning Board granted sketch approval on July 11, 1989 conditioned upon submission of final maps within six months. I am in the process of obtaining Board of Health approval and should have it within two months. Therefore, would appreciate receiving an extension from the Board to submit the final maps. Kindly advise. RFL/bd Very~ truly your.s, I FEB 1990 .............. Town Hail, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Aug%~st 18, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility SC~M 91000-6-6-20 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board on Monday, August 14, 1989. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. If you have ahy questions, please do not hesitate to contact this office.  ~BEery truly yours, , CHAIRMAN enc. jt Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECL3L~-ATI ON DATE: August 14, 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: Fishers Island Utility Company, Inc. SEQR STATUS: Type I Unlisted ~ CONDITIONED NEGATIVE DECLARATION: YES DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 2.53 acres parcel into 2 This minor subdivision is located at Fishers Island. lots. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The wetland on proposed lot #2 has been flagged, and the building envelope has been located 100 feet from the wetland line. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting JiLl M~ Thorp, Secretary Southold Town Planning Board, Main Road, ~outhold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Juno 11, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility Co. SCTM ~1000-6-6-20.4 Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board on Monday, July 11, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The board assumes lead agency status and in that capacity has made an initial dtermination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated June 21, 1989. Sketch plan approval is conditional upon submission of final maps within six months of sketch approval, unless an extension of time is granted by the Planning Board. If you have any questions, please do not hesitate to contact this office. enc. Very truly yours, /' ../ /' ~.-" ~- ,-,/' / I,,(. : I./ ~ '~-~' q3ENNETT OR~OWSKI, JR. CHAIRMAN Toxvn Hall. 53095 Main Road P.O. Box 1179 Southold. New York i 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 1989 Re: Lead Agency Coordination Request Dear Reviewer: . The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2.-' your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: Fishers Island Utility SCTM #1000-6-6-20 Applicant proposes to subdivide a 2.53 acre parcel into 2 lots. SEQRA Classification: [ ] Type I ~X~ Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. cc:~_~,oard of Appeals d~oard of Trustees ~uffolk County Dept. ~SDEC- Stony Brook .... DEC. ~ ~ ~ _ ~ny Sincerely, ~ z~ TT ORLOWSKI, JR. ~ CHAIRMAN of Health Services _S.C. Dept_ of P"m!ic Works U.S. ~ .... Corp ~ ~ ..... * Maps are enclosed for your review _ Coordinating agencies RICHARD F. LARK ATTORNEy AT LAW N1AIN ROAD - F! O I~OX 9?3 CUTCHOGUE, NEW YORK 11935 T£~£PHON~. 516 734 6807 July 10, 1989 Southold Town Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Jill SOUTHOLD TOWN PLANNING BO~ RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00, Blk. 06.00, Lot 020.004) Dear Jill: Pursuant to your request I am enclosing six additional prints of the Minor Subdivision Plan Made For Fishers Island Utility Company, Inc. last dated June 21, 1989. RFL/bd Enclosures Very ~y yours, ~ Page 3 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, INC. Decision Rendered June 29, 1989 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not out of character with the immediate area; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, the grant of the variance will not in effect establish a zone district at odds with all other zone districts, particularly due to the character of the immediate area; (e) that a denial of the variance would lend to burdens on the landowner to continue ownership of a lot that is substantially larger than most of those within the same block; (f) that the lots are intended to be used as affordable housing. (g) that in considering all of the above, the interests of justice will be served by granting the variance. 7. It is also noted for the record that during the early part of June 1989, concerns were addressed by the Town Trustees and the accurancy of the "flagged wetland area" shown on the survey maps, and the Town Trustees Office has confirmed that the maps are accurate and the proposed house locations (building envelopes) are suitable as depicted. ACCORDINGLY, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to rescind the previous resolution of this Board adopted February 9, 1989; and it was FURTHER RESOLVED, to GRANT the relief, as requested and as referenced in the above findings. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~IRMAN FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York t 1971 MEMO TELEPHONE (516) 765-1892 TO: FROM: DATE: RE: Southold Town Planning Board Southold Town Trustees June 29, 1989 Fishers Island Utility, SCTM# 1000-6-6-2 The Board of Trustees has inspected above referenced property and found that the wetlands as indicated are accurately mapped and proposed house locations are suitable. kw RICHARD F, LARK ATTORNEY AT LAW MAIN ROAD - I~ 0 BOX 9?3 CUTCHOGUE, NEW YORK 11935 June 23, 1989 Southold Town Planning Board Town Hall - 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00, Blk. 06.00, Lot 020.004) Dear Melissa: Enclosed are two prints of the Minor Subdivision Plan made for Fishers Island Utility Company, Inc., revised June 21, 1989, which shows the proposed dwellings, driveways and septic systems. RFL/bd Enclosures Very truly yours, Richard F. Lark Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO, (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TO: Planning Board Office Attention: Melissa FROM: Board of Appeals Attention: Linda DATE: June 22, 1989 SUBJECT: F.I. Utility Co. Pending Subdivision 1000-6-6-20.4 Would you be able to furnish us with a written (informal) update providing us with the Planning Board's requests or concerns since their last few meetings. It is our understanding that amended maps for changes in the driveways have been agreed. Attached is an original map from our file for your highlighting (if needed). As you know, we will need to complete our file in this regard no later than June 28, 1989. Thanks for your assistance. Iown Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Board of Appeals Attention: Linda FROM: Melissa Spiro, Planning Board Office DATE: June 22, 1989 RE: F.I. Utility Co. Pending subdivision SCTM9 1000-6-6-20.4 ~ Attached please find the previous resolutions of the Planning Board. As can be seen from the now rescinded June 5, 1989 resolution for sketch approval, the Planning Board's only condition was that both driveways have access on Central Avenue. The Planning Board's past recommendation to the Zoning Board asked that a Covenant and Restriction be submitted stating that the lots be used for affordable housinq in perpetuity. The Town Attorney has informed the Board that this type of restriction is not within their jurisdiction. In the case of the pending variance, the Planning Board recommends the granting of the variance only if the lots are used for year round, not seasonal housing. As discussed, the Planning Board has requested verification of the wetland line from the Board of Trustees. The Board will require, in their review, that building envelopes be located at least seventy-five (75) feet from the wetland line. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ,June 8, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility SCTM ~1000-6-6-2 Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board on Monday, June 5, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated February 15, 1989 with the following condition: Both driveways should have access on Central Avenue. If you have any questions, please do not hesitate to contact this office. enc. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 22, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility SCTM ~1000-6-6-2 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board rescind the following resolutions of the regular meeting of June 5, 1989: 1. Resolved that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. 2. Resolved that the Southold Town Planning Board grant sketch approval on the map dated February 15, 1988 with the following condition: Both driveways should have access on Central Avenue. The parcel in question is currently zoned R80. The application, which proposes two, 1 acre lots, has not received approval by the Zoning Board of Appeals at this time for insufficient lot area. If you have any questions, please do not hesitate to contact this office. jt Very t ruly/sr~ur $4~ /~ /~ , Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 1989 8:45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior esolution rendered February 9, 1989, and commence deliberations oncerning a Variance to the Zoning Ordinance, Article III, ection 100-32 (previously 100-31) for approval of insufficient rea of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Trustees FROM: Southold Town Planning Board DATE: June 9, 1989 RE: Fishers Island Utility SCTM#1000-6-6-2 Attached please find the Lead Agency coordination letter and a copy of the map for the above mentioned subdivision. This application was inadvertently not forwarded to your office. The Planning Board would like verification of the wetland line before a SEQRA determination is made. Please submit your comments in writing to the office. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action descr'~bed below; 2. your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Fishers Island Utility SCTM #1000-6-6-2 Requested Action: Applicant proposes to subdivide a 2.53 acre parcel into 2 lots. SEQRA Classification: [ ] Type I [XX~ Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ~<,] This agency wishes to assume lead agency status for this action. [ ] This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. Sincer_~ly, BENNETT ORLOWSKI, JR. CHAIRMJkN cc: _~ ~"-~ cf Tru _-~ ..... n= Department _~ ...... ld Boar~l ,~_Suffolk County Dept. of Health Services ~NYSDEC- Stony Brook ~ ~ .... cf ~"~bl~ Wcrks U.S. Army Ccrp cf .... ~ .... O~S __~-Y-S. D~pt of Transportation * Maps are enclosed for your review ~' Coordinating agencies RICHARD F, LARK ATTORNEY AT LAW March 2, 1989 Southold Town Planning Board Town Hall - 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00, Blk. 06.00, Lot 020.004) Dear Melissa: Pursuant to the recommendations of the Planning Board Office of December 6, 1988 I am enclosing 12 prints of the revised Minor Subdivision Plan dated Feb. 15, 1989 showing the building envelopes for the lots. RFL/bd Enclosures Very ~ruly ~urs~ Richard ~'. ~rk Southotd Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS February 14, 1989 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. SOUTHOLD TOWN PLANNING BOARD Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 3797 - F.I. Utility Company, Inc. Dear Mr. Lark: Transmitted for your record is a copy of the recent determination of the Board of Appeals which is based upon the new regulations under the Master Plan Zoning Update adopted by the Southold Town Board under Local Law No. 1 1989. The property was redesignated "Low Density R-40" as of last week. Please be sure to return to the Planning Board to continue finalization of the subdivision process and to the Building Department for issuance of appropriate certificates, etc. Copies of this determination are simultaneously being furnished to the Planning Board Office and Building Inspectors' Office for their files. Yours very tr~ly.~ , ~ GERARD P. GOEHRINGER d'>' CHAIRMAN lk Enclosure cc: Planning Board Office ~/ Building Inspectors' Office APPEALS ROARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH N. SAWiCKI JAMES DINIZtO, JR. Southold Town Board of Appeals MAIN ROAD--~ITATE ROAD 25 ~BOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on Thursday, February 9, 1989, the following action was taken: Upon application for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. WHEREAS, on December 10, 1987, a Notice of Disapproval was issued by the Building Inspector disapproving an application dated December 10, 1987 on the following grounds: Article III, Section 100-31, Bulk and Parking. Variance required by Zoning Board of Appeals for insufficient total area: Article I, Section 106-20, Subdivisions by Authority of the Planning Board; AND WHEREAS, on November 3, 1988, an Application for Variances was filed under Appeal No. 3797; and WHEREAS, on January 10, 1989, a new Master Plan Zoning Update was adopted under Local Law No. 1-1989, by the Southold Town Board; and WHEREAS, on or about February 2, 1989, the new Zoning Update Map and Regulations were deemed in effect; and WHEREAS, the subject premises was re-designated "R-40" requiring a minimum lot area of 40,000 sq. ft.; and Page 2 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, INC. Decision Rendered February 9, 1989 WHEREAS, it has been held in the Courts that the law that exists at the time of a decision will apply {Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS 2d 669 (1984), 2d Dept.}; Aversano v. Two Family Use Board, 117 AD 2d 665, 498 NYS2d 403 (1986, 2d Dept.)}; {Cathedral of the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d 149 (1984)}; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that for the reasons noted above, this Board is without authority in the Matter of the Application of FISHERS ISLAND UTILITY COMPANY, INC. under Appl. No. 3797 to consider a Variance as to insufficient lot area when the lots as proposed conform to the lot area requirements of the zoning code in effect at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen and Member Joseph H. Sawicki.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN December 27, 1988 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00, Blk. 06.00, Lot 020.004) Dear Mr. Orlowski: As a courtesy the Board of Appeals forwarded me a copy of the Planning Board's recommendations dated December 6, 1988. My client is in agreement with the building envelope for Lot No. 2 being set back at least 75 feet from the wetlands. Accordingly, I am having the surveyor modify the map to reflect the amended building envelopes and will forward same to you. Mr. Richard Baker of Fishers Island Utility Company informs me it is the intention of the utility company to provide housing for its ~nployees on a rental business they can afford. This is not be construed the property will be in an Affordable Housing District as that term is defined in Article VA of the Southold Town Zoning Code. In other words the area variance application is for the purpose of providing adequate housing for utility company employees. Therefore, the utility company is unwilling to burden the land with a covenant restricting it for what has become a misunderstood term of affordable housing. I would appreciate if the Board would review the above and contact me for an appointment to appear before them to answer any further questions. RFL/bd cc. Fishers Island Utility Company, Inc. Very tr~illy yours, Richard F. ~rk RICHARD F. LARK ATTORNEY AT LAW December 16, 1988 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 ATT: Jill RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00~ Blk. 06.00~ Lot 020.004) Dear Jill: Enclosed is Check No. 13139 of Fishers Island Utility Co., Inc., payable to the Town of Southold, in the amount of $1,450.00 which represents the Board's increased fees. My client has previously paid you the sum of $550.00. RFL/bd Enclosure Very truly yours, RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD ' P. O. BOX 97:3 CUTCHOGUE, NEW YORK 11935 November 1, 1988 Southold Town Planning Board Town Hall Southold, New York 11971 RE: Minor Subdivision for Fishers Island Utility Company, Inc. Fishers Island, New York Gentlemen: In connection with the above-captioned matter, I am enclosing the following: Original and copy of Application for Approval of Plat signed by Richard S. Baker, President. 2. Short Environmental Assessment Form. 3. Questionnaire. 4. Letter to the Planning Board concerning grading, drainage and new roads. Se Twelve (12) prints of Minor Subdivision Plan for Fishers Island Utility Company, Inc. prepared by Chandler, Palmer & King dated November 9, 1987 and revised May 16, 1988. Check No. 13079 of Fishers Island Utility Co., Inc. to the Town of Southold in the amount of $550.00 which represents the filing fee of $400.00 and an inspection fee of $150.00. If all is in order, would you kindly place this matter on the next available Planning Board agenda for their consideration and notify me of the date and time. If you have any questions, do not hesitate to contact me. RFL/bd Enclosures Very tr.~ly yours,,., Richard F. ~rk APPLICATION FOR APPROVAL OF PLAT 3 To tile Planning Board o[ the To~vn o[ Southo[d: [ IKANNIN~ BOARD Tile undersigned applicant hereby al)plies for l~L~l:x~t (final) approval of a subdivision ldat in accordance with Article 16 of the Toxvn Law aud the Rules and Regulations of the Southold Towu Planning Board, and represents and states as follows: .. 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be Mi. nor Subdivision for Fishers Islan~t Utility ComDanv, .I.n..c.. 3. The entire land under application is described in Schedule 'A" hereto annexed. (Copy of deed suggested.) 4. The laud is held hy the applicant under deeds recorded in Suffolk County Clerk's office as folloxvs: Liber ..... 5..$.7.3. ..............Page ...... ]:..7 .............. On .q.u.n..e...1.8.¢. 6. All taxes xvbich are liens on the land at the date bereol have been' paid ~1~ ............ 7. The land ncumbered by . · .............................................. 8. There are no other encumbrances or liens against the'land~ ................. . ....... 9. The land lies in the folloxving zoning use d,stricts 10. No part of tile land lies under water whether tide water, stream, pond water or othersvise,~g- 11. The applicant shall at Iris expense install all required public improvements. 12. The land (does) (g~at~X) lie in a Water District or Water Supply District. Name of Dis- Fishers I'sland Water Works C . trict, if ~vithin a District, is ......................................... .qlt~q ................ 13.~rater mains xvill be laid by . ap. plicant O ' 14.~Electrlc lines and standards will be installed by .a~.p.l.i..c~l...~ 15~as mains xvi'l be installed by...a....~v..]-~'q~O' .t ............................................... 16. If streets shown on the plat are claimed by the applicnnt to be existing public streets in tim Suffolk County llighway system, annex Schedule 'B" hereto, to show same. 17. I~ streets shown on lhe plat are claimed by the applicant to be existiug pnbllc streets iu the ~o~'~gl]~.ltl .llighxxay system, annex S~ule '.'C" I,e~t~ to sho~.same. ~es~t Avenue J8. ~,c,e are no ex,st,ng ~tt~gs or strtctures o, the land which are not located and shown on the plat. 19. 20. 21. V'/here the phtt shows prol~oscd streets which are extensions of streets on adjoining snb- division mal)s heretofore filed, there are no reserve strips at the emi of the sfreets on said existing maps at their conjunctions with the proposed streets. Ill the c(mrsc of these proceedings, thc al)plicant will offer proof of title as required by Sec. 335 of the Real Property Law. Suhmit a COl)3, of proposed deed for lots showing all restrlctious, covenants, etc. Anuex Schednle "D". 22. The applicant estimates that tire cost of grading aud required public improvemenis will be $..':Q.: .... as itemized in Schedule "E" hereto annexed and requests that tire maturity of thc Performance Bond be fixed at 1.7.Q7 ....... years. The Performance Bond will be written by a licensed surety company unless otherwise si]own on.Schedule "F". DATE ... O. qkqb~... ~-~ 19.1~.8. FISHERS ISIAND UTILITY COMPANY, INC. · urlen~a±Avenu"(Si'gnat'u~e~an-d'Title)eRiChard S. Baker, President ~ks. b.~VA. %.~ ~a ~.~ ,..~.W. X~..O6~ 9~ ..... (Address) STATE OF NEW YORK, COUNTY OF ................................ , ss: On the .................. day of ............................. , 19 ....... before me personally came ............................................ to me known to be the individual described in and who executed the forcgolng instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK, COUNTY OF ...... $[3.EFf~LK ............ ss: On the ...... .~..W~.. .... day ............ of Q¢t~bor ..... 19.8.8.., byfore me personally came Rickar~. ~,. ~ake~ ...... to me known, who being by me duly sworn did pose anti say that .... hfl ..... resides at ~..(.~9. ~.).. ~9~i.~.%~. ~Q~ ,..~k~k~. ~.and, Ne~, .~Q~ ........................ that ....... ~ ................ is the .......... .~K9 $.~O.~P~ .... of .. F.! $~g$..I ~hA~Q..UT. IL~T~. CO,ANY,.. INC ....................... the corporatiou described it~ aod which executed the fnregoin~ instrument; that ,~9 ........ knowa the seal of said corporation; that the seal a[Hxed by order of the board o[ directors o{ said corporation. and that . . ~ ....... signed .,.~$ ....... name thereto by like order. ............ ' No MARY B. FANKIEW{~ ' ~ ~ARY pUBlIC, STATE ~ N[W YOR~ 0 ;?~".: I '~ '-!.,, J..z :i · L "' .!~ -- ..::--:~--' , ?';':'/7, .";- ' "~ .... '"" ' ~ . *" *' ' "< '; ' · ,..: . -".. ' ' ' : ""il - ~ ' .l Ir the ~me.or,,W~ ~ I~ld By Weir !~ t,9 ,' ~ ~ d4dl~l'tllJd trier il ftib~ect to t IC~L. of' d ,1 b.t ~o4.7~ feetl ~e~e ~ortb ~00 ~3' ~ t~en%~ ~.b ~ ~ ~ ~elt ~9.a5 feet, 2~,44 feet to m bonuHnt~ tbe~e ~' t~'* weet t6t.~2 f~t to the ~t 2~.~ fee~ il ~l~b exteudiPg ~heaetefi~_~r~ ~ : " t~ereb~, the ceu~r {'~e of ~at~ ~ilbt of ~th ~a' ~4" ~, ~..t t20.6a r--t, Tol.tber vl~ i ttpt ~ ~y f~ ~flunln~ a~ i ~1~ on the S~t~attdrty 4 &ven~4t Feet ~t~-4~~ JO~ t~ Wenf~?,~? ~ 4tO_feet{ t~eeee ~rTT ~v ,,., ' .'~. ' r rt at ~l Nest 0 , ' *~i"~~"~ Au-u,* imM..k~ei~r tram t~ ' ......... ~l e~C ~oarteedl(lM ~et tn ~" ~' P ~1 fl~ to tM foiiwlM, . . f ..... '~- Fie,It ~n~ L~" :o~,.~-~, ~nc, t~, ~'~h~ 1~1~*~ L:tt~lt~ ~ny~n~. ~ '.~ Bast 313~1 ~eet to ~ mon~ut', thence -,~,, e~ o~ ~d line; t~e ~uth 56" 46 50' North 46° 02' 30" ae~t 2~6043 Lto the ~,- .'-~ . . ,t ;-.., , . r ~' '~ i ~tt ~ N~4~ 3° 47' ~O~:West 2?,~et, tr,~ce .'.. ' .' · ~~i ~-~ ~3.~ fHtt tb~e ~utb ~" ~ &~ ~Z m 0~' ~ * ~ ·~ , * ~'OT r~ ~pt. -,. ~ ~' t6 I~ LrOa: thee North ~i~ . ' ~~ Te' ~1~ ~' ~,t T.a~ feet; t~T. ~'T~.;~_ , , . v.~t ' t~.o ~t ta in l~l tbenee.~or~ 82' 40~ ~ tl~ ~tth 20° , ' '- MII~ ?.01 iC~l ~te'or tess. kb~t ~o a f~it of ray for other. ~or un9 ~. a -(.~d~,' ,wr the '" i t~lted 4236.~t feet ~orth 'tit Mi ~t~illd ~Id 11~ Xorth ~" t~' 3~' ," M~I itu ~o 4 r~t of wy for ot~rm ..~ , i M it i AflU+ .' , . '1 ~M.~'II ~orth ?:,?,?* 4i~'t ~e~t ~ ~ feet. , . ,'.h,/~ ~;.~ .m ~o~T~,~ ~ ' , ~ .' TM .. '~"E:~- land tO f~t in ~dth, the c~er t~ ~f~ ~eriM ii ~,~; ~' ,. ,..i T" ~* "'' ' ~ hlt~'l tl~e of ~- · ~ It ~ Mil to y , - the -~ tl~ Ia t ~t~lieett 1~ ~tbelatert~ di~e~t ~" ' Miui~ O. tO .~t .o~ o, tess. - -F Tvtanjuta%km Osalt soft ItL 69.0 8ontb Ba~ tO.(~ f~*J ~ ', .~ · Ave~U, #rt(l il W' S0" ~llt iron: thence South 34~, Welt J$6. L ~illdI In, A~-lt~'lnterd~ti~ vitb the S~t~.t~rtt t~e cf cc,?.tc · ~ ~l ~ ~' ~-~et,.~3,~ f~t to a m~ at ~e ffort~teriy ~ ' .~~tiet {t~-thi~ It~ ta~ Btt~ck '~',.~, ': ~t~ ~ t~ s?' to' kit M2.?~ ~t ,o p ~.t or ~i~' J.t_~ ~1 M~ of teat. :' , .re ~ m~d tl~ctric ~u~e feet tle ~i~it to l~l udtlt ~°quit~dldoOe arlm4toi' &nd.~ doetd dR ddt f , ;~-P~t~ ~/t~ ~','~ eurTe) 1~.~ fNt:l~ence ~tilt P 4 · ..?,,. MINOR SUBDIVISION (NO ROAD} Complete application received Y Application reviewed at work session Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location NotEication to applicant to include on final map Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received </~//?0 _~-'~-~ Draft Covenants and Restrictions reviewe ~[,?o ,~ ~ Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions Endorsement of subdivision MARY R GOSS NIT ANTHONY d. MARSHALL AREA L28 A ES LOT I ,I I AREA 1.25 ACRES / NOTES: FOX AVE KEY MAP SCALE !'= $00~ OWNER: FISHERS ISLAND UTILITY CO, MPANY, INC. MINOI~ .~UBDIVI.910N PL,4N MADE FOR FISHERS ISLAND UTILITY COMPANY,/NC. CENTRAL AVENUE ~ CRESENT AVENUE FISHERS ISLAND SCALE I"= 40' O' 40' ~0' NE W YORK CHANDLER, PALMER 8~ KING NORWICH~ CT. ADDITIONS MAY 16, 19~ NOVEMBER 9, 1987 ri¸ ~: ~ ....2, ".~ "v/F' ANTHONY U. MARSHALL . -... ,, 4o . ~ 6DSS //,~,; I ,' / I I ~1~ / ,r~;e / , ~ .~ i~ [ ~ ~ ow~n. wts~os ~s~ourtbrrcoMw~, t~c. ] ~ ~ , ~ ~/ i ., ' .21989 ,"' FISHERS ISLAND UTILITY COMPANY~ /NC., CENTRAL AVENUE ~ CRESEIVT AVENUE FISHERS ISLAND NE W YORK SCALE I" ,, 40' O' 40' 010' AZ~I~ rlON$ Y..l$, ieee CHANDLER,. PALMER Pb KtNG, .j NOrWicH,, CT. , NOVEMBER 9, 1987 ~ N ~RSH ~CR~S 0.~~ PO$~o~CR~S N ~NTHoNV~R~ NIF ¸.0° ~02- KEY MAP O* I00~ 200* i 2O o '--OOE N 82 - 40 MARY R. GOSS / LOT I I N/F ANTHONY d. t5 MA RSHA L L MONUMENT TEST HOLE DATA / DRY' WELL ADDITIONAL SECTION MAY BE INSTALLED ~F ' REQUIRED KEY MAP SCALE 1"= 300' NO TES ,, COORDINATE O/STANCES ARE MEASURED FROM U.S. COAST SITE IS INTHE TOWN OF SOUTNOLD~ COUNTY OF SUFFOLK, TAX MAP fOOD, SECTION 000~, 8LOCK ~, LOT 20.4 JUN 2_ b 19u9 MI/IVOI? SUBDIVISION MADE FOR FISHERS ISLAND UTILITY COMPANY, INC. CENTRAL AVENUE 8~ CRESENT AVENUE FISHERS ISLAND NEW YORK CHANDLER, PALMER ~ KING .SCALE 1"=40' NORWICH, C T. ADDITIONS MAY 16, I~ NOVEMBER 9, 198 2' i.$6 , N/F NiF ~NTH°N~ N/ £~ g~$ ISb~'N D r,i/F o bOO~_. ~ 0° ~Ry GOSSS ~'~1 OENOTE'S I~ARC~LS CONFEY*DBY KEY MAP 0~ /00~ 200~ "V~8%~L° ,, N/F MARY R. Y, // LOT I ANTHONY d. MARSHALL I LOT 2 /Oo. ,I ~ AREA L25 ACRES AREA 1.28 TEST HOLE DATA DRYl WELL DERAIL NOT TO SCALE~ ADDITIONAL SECTION MAY BE INSTALLED ~F ' REOUIRED NO TES: FOX KEY MAP COORDINATE D/STANCES ARE MEASURED FROM U.S. COAST SITE IS IN THE TOWN OF SOUTHOLD~ COUNTY OF SUFFOLK, OWNER: FISHERS ISLAND UTILITY COMPANY, /NC FISHERS ISLAND, N. Y. 06.~90 MINOR SUBDIVISION MADE FOR FISHERS ISLAND UTILITY COMPANY, INC. CENTRAL AVENUE ~ CRESENT AVENUE FISHERS ISLAND NE W YORK SCALE I" · 40' CHANDLER, PALMER ~ KING NORWICH, C T. ADDITIONS JAN. 9, 1989 NOVEMBER 9, 1987 KEY MAP I I 'vo~ ~ ,' 40~OOE ~ ~ N 3~0509 ~ / ._ ~ ~--- / / ~ : ~/ / ~. o -~" ~o~so~ . II / 7 ...... ~'/ ?' ~ l~ /l/ / SITE IS INTNE TOWN OF SOUTHOLO, COUNTY OF EUFFOLK, / , / ~ ~ ,, I [ ~ . / ~°C~C~md ~//~ / ~- +_ .k I / ~e - 5E SUBSOIL SEWAGE D~POSAL IN COMPLIANCE WITH / / .,{ .. / ~.~ . .,/~ , "~ .. // :~ ./ ~ I ~ ' ~ ~ ~ ~ OWN~R; , / I ~l~'~),;J / Xl ~ / ~' I~' ?h ~-. ', ' '~? . .... ~ . KEY MAP 43.07 LOT I MARY F~ GOSS IRO~V PIN AREA ~25 ACRES ANTHONY J. MARSHALL N 82..~ 4,0 N= 3905.09 W= 13~$, 34 / / LOT 2 C/R //' AREA L28 A ES NO TES: COORDINATE D/STANCES ARE MEASUREO FROM U,$. COAST ,4ND GEOOETIC SURVEY TRIANGULATION STATION"PROS", SITE IS INTHE TOWN OF SOUTHOLO) COUNTY OF SUFFOLK, (AF~F~ROXIMA TEN. G. V, D. ] AREAS~ LOT I -- 1,25 ACRES OWNER: FISHERS ISLAND UTILITY CO, MPANY, /NC. MINOR SUBDIVISION P/AN MADE FOR FISHERS ISLAND UTILITY COMPANY, INC. CENTRAL AVENUE 8~ CRESENT AVENUE FISHERS ISLAND NE W YORK SCALE I"· 40' 40~ CHANDLER, PALMER 8~ KING NORWICH, C T. ADD{TIONS MAY 16~ I~ NOVEMBER 9,/.987