The URL can be used to link to this page

Home My WebLink About1000-9.-2-6.1 Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Main Road, Southold, N.Y. 11971 631 765-1800 tele. 631 765-6145 fax Fax To: Pat Finnegan From: Betty Neville Fax: 2984462 Pages: 8 Phone< 2984460 Dat.. 112912003 Re: Windham Resources change of zone CCI [Click here and type name] o Urgent o For Review 0 P1_ Comment 0 Please Reply 0 Please Recycle . Comment.: Hi Patl Received this information this afternoon. A copy of the notice that they will mail out and , assume a revised EAF. Betty Qc!..V~ 9 ~(c~~\Yl~ ~ JAM 30 DB Southold Town Planni" Board Dl/23/2003' 14: 15 5155373445 RICHARD M MATHEW PAGE 01 FAX TRANSMISSION RICHARD M. MATHEW. ESQ., L.LC. A/Il:Jtn9y 8/ Law r.l.1n S!nIeI P.O. Box 1428 &.' J_ . _. ~~ "..... Y(ft 11932 T~: (83\) 537-1964; Fu (831) 537-$446 To: Fu.: From: Elizabeth Neville 765-8145 Date: 29 January 2003 Pages: 7. including this cover sheet. Richard M. ~1I.elA', Esq. Subjeet: Windham Resources LLC Dear Ms. Neville, Further to your phone call and fax yesterday. attached please find the following documents relative to the above-referenced matter: . copy of the Notice to Adjacent Property Owners (not yet mailed) . the Full Environmental Assessment Form with the additional information requested by the Town Attorney Thank you for your assistance. Please let us know if you have any further questions. ~ol~ Carol Powel Smith ( ) TlIe 0I\QlNI <II'" _.,e,.,d _''''''18'11 by m&II. ( ) T11II..... \Ile en, txm af ~ at... IrlIn8I1'tIIlBl docul1l8lll IIIPOATAHT NOTICE: TlIe~"""'''''''-'' . . II.CONFIDENTlAL COMMUNICATION. AaIUCtl..iI.....404I)..~- ..... onIw' by the hdMdual or ently lIarned.... Ifyoll.... nollhe ~nded reclplenloo nemed. YOU ARE PROHIBITED _~_~_._.' . .. you_....~...-.y(. 'III - ..dtolIIIuIIonor~aflhll""omIIIlIIDn" ",~'LY~_''''''_ .,.......... ...._...........-.h_.,....,..-,.......-J1. ',tow" .;0...06_ ......... Ol'Vh81 tnm_. I 1 . Ill... WI U.S. PoIIIII SenlIce. Th_ JOu. fJl,/2'J/2003' 14: 15 5155373440' R I CHARD M IqA THEW PAGE 02 TOWN BOARD. TOWIII.Qf SOUTtlQLD In the Mattet of the Petition of NOTICE TO ADJACENT PROPERTY OWNERS to the Town Board oftbe Town ofSouthold. TO: YOU ARE HEREBY OIVEN NOTICE:: L That it is the intAlntioo of the undersigned to petition the Town BOIIld of the Town of Southold to n:quest a chan2e of ZOlle from R-aD to Hamlet Business. 2. That !be p10perty which is the subject of the Petition is loc~ adjacent to your pIvjICrty and is des- cribed as follow.: p,uOCI'tY on the ecmer of Athol Crescent and Oriental Avenue on Fishers Island identified as # 1000-9-2-7 andl 000-9-2-6.1 on the Suffolk C;ountv Tax MaD. 3. That the property which is the subject of such Petition is loested in the following zooing district: - R-80 4. That by SllCh Petition, the undersigned will request, that the above-described propertY be placed in the follo<iloling zone district classification: Hamlet Business 5. That within five days from the date hereof. a written Petition \'l:questing the relief specified above will be filed in the SOIlthold Town Clerk's Office at Main Road, SoUthold, New York end you may then and there examine the same during reguiaf office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town BOIIld; that a notice of such hearing must be published at least tAln days prior to the date of such hearing in the SIlfI"oIk Times or in the Long Island Traveler-Mattituck Watchman, newspapers publish(:(! in the Town of SOIlthold and designated for the publication of such notices; that you Or your representative have the right to appear and be heard at sllch hcIaring. D8led: \ 1,. J 'Z- I 0 1.- NI hfl- j.J, [.e(J,. WJ..J~ 7!.es,I/;C Petitioner ~ Office Attr.S: ~~!~ ft-Ial.fd ,h'l O{g ~qt) 01/23/2003' 14: 15 515537344:; R I CHARD M MA THE'N PAGE 03 - 14-16.2 (2187)-7c 617 .21 Appendlll '" State Envlronmenlal Quality Review FULL ENVIFlONMENTAl ASSESSMENT FORM SEaR 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 .,pects of a project that ore subjective or unrneasureable. It is also understood that those who determine significance may have little ot no formal knowledge of the environment or may be technically e.pert in environmental ~naIY5is. In addition, many who have knowledge in one particular uea may not be aware of the broa~er concerns affecting the question of significance. The full EAF is intended to provide a method whereby applic.nts 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: Provide5 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~ Pari 2: Focuses on identifying the range of possible impacls 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 id~ntified as potentially-large, then Part 3 is used to evaluate whether or not tnF impact is actually important. DETERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions Identay Ihe Portions 01 EAF completed for this project: 0 Part 1 0 Part 2 OPart 3 Upon review of the information ;ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reaso~ably determined by the lead agency that: o A. The project will not result in any larie and important impact(S) and. tnerefore. is one which _iii' not have a s,ignificant impact On the environment. therefore ~ negative declau.tiof1 wHl be prepared, o 8. Although the project could have a significant effect on the environment. there will not be a significant effect for this Unlisted Action because the mitigation measures described In PART 3 have been required, therefore a CONDITIONED negative declaration..ilI be prepared,' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a pos_U""e decla.ration will be prep,ued. . A Conditioned Negative Declaration is only valid for Unlisted Actions windham Resources Zoning Change Name of Action Southold '].U.m Board . Name of Lead 'Agency PriM or Type Name 01 Re,ponsible OHicer in Lead Agency Signature of Responsible OHicer in Lead Agency Title of Responsible Off icer ~.Q~..~ SignalUre of Preparer(lf diffe entfrom responsible officer) ,~b. ~ cJ'V' . Dote 1 01/29/200j 14:15 515537344~J RICHARD M MATHE,,! PAC:iE (14 PART 1-PROJECT INFORMATION Prepared by Project Sponsor N01ICE: 1his document is designed to assist in determining wnether the action proposed may have a significant effec on the environment. Please complete the entlr,e form, Parts A througn E. ,Answers to these questions will be considere, as part of the application lor 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 EM will be dependent on information currently available and will not involv new studies, research Or investigation. If information requiring ,uch additional work is unavailable, sO indicate and specif each instance. pr,l,a,ME Of ACilON Change of Zone lOCATIO,.. OF jl,CTlON (lr.cludl!l Street AddI'US, Municipality and counlY) Athol crescent, Fishers Island, Town of Southold, county of Suffolk p.I,t,ME- OF APPL1CANTfSPONSOfl [_aU5INESS TECEPHONE Windham Resources LLC I &311 537-1984 AODRESS - c/o Richard M. Mathew ESQ.. LLC CIT'tIPO 1ST;;; . \ z.IP CODE P.O.' Box 1428 Brid ton 11932 _.-=~. NAME OF oWNEA (It dUhtnl'lt) T BUSINE.SS TELEPHONl':. SalTE ( I "DD~ESS ctTY/PO -'1 5TATE 1 ZIP CODE - DESCRIPTION OF ACTION - .. 9hange of :zone fran R-80 to HB - - please Complete Each Question-Indicate N."'. if not applicohle A. Site Description Physical setting of overall project. both developed and undeveloped areas. 1. Present land use; DUrban Dlndustrlal oCommercial lilResidential (,l,Jburban) DForest DAgricultl,Jre oOther 2. Total acreage of project area: 2 23 acre,. APPROXI/VIA TE ACREAGE Meadow or Brushland INon-agricultural) Forested Agriculluralllncludes orchards, cropland, pasture, etc.) W'etland (Freshwa,er or 'id~1 as per Articles 24, 2S of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Road" buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? - - a. Soil drainage; JQlWel1 drained 100 % of s.ite OPoorly drained % of ,ite b. If any agricultural land is involved, how many acres of soil are classified WIthin soil group 1 through 4 of the Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes IiilNo a. What is depth .to bedrock! (in feet) DRural (non.fa 1.5 .6 o acreS AFTE~ ~MPLETlm . acre .6 o acr:: PRESENTLY a~res acres acre acres acrt acres acr., .13 atrE:5 .13 acr;. acres acr~ acres acr: Loamy silt DModerately well drained % of site 2 01/23/2003' 14:15 5155373445 RICHARD I~ !,'IATHEilJ PAGE 85 6. Is project substantially contiguous to, or contain a buildi,!, Registers of Historic Places? DYes ilNo 7. Is project substanLially contiguous to a site listed on the RegISter of National Natural landmarks? 8. What is the depth of the wat!:r tablel _ 5lL.ftin feet) ,~O% 85 % 010.15% ~% or greater 1 c;, % site, or district. Ibted on the State or the Nation, '>, 5 Approximate percentage of proposed project site with slopes: DVes DaN 9. Is site located over a primary. principal. or sole source aquHer? DYes .iil:No 10. Do hunting, fishing Or shell fishing opportu~itles presently exist in the project area? 11. Does project ,ite contain any specie, of plant or animal life that is identified as DYes IKlNo According to Identify each species 12. Are there any unique or unusual land forms on the project site' (I.e.. cliffs, dunes, other geological formation DYes IKINo Describe DYes nNo threatened or endangere, 13. Is the project site presently u5ed by the community or neighborhood as an open space or recreation are DYes ~No If yes, explain . 14 Dot's the present site include scenic views known to be important to tne community? DVes 5dNo '5. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas withil'" or conticuous to project area: a, Name Nnnp-. b. Size (In acres) 17. Is the ,ite served by exi>lin& p~blic utilities? IIIVes DNo a) If Yes, does sufficient capacitv exist to allow connection? ~Yes DNo b) If Ves, will improvements be necessary to allow connection? IiIYe' DNo 18. Is the site located In an agricultural di$trict certified pursuant to Agriculture and Markets Law, Article 25~/ Section 303 and 304? DYes IiINo 19 Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6171 DVes KlNo 20. Has the site ever been used for the disposal of solid or halardous wastes? Dves Q-lo B. Project Description 1. PhySical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous ac.reage owned or controlled by project sponsor b. P,ojecl acreage to be developed: 7 71 acres initially; t. Project acreagE to remain undeveloped n acres. d. Length 01 project, In miles: '" I A (If appropriate] e, U the project is an expansion, indk;,te percent of expansion proposed f. Number of olf.street parking spaces exisling Nt.\. ; proposed I. MiI~dmum vehkular trips generated per hour 0 (upon completion of project)? h. If residentiaL Number and type of housing units: N/ A One family Two Family Initially Ultimalely i. Dimensions [in feet) (If larBesl proposed structure height; i. Linear feel oi fro~tage .Iong a public thoroughfare project will occupy is' 2.2J 2.2'3 acres. acres ultimately. N/.\. %; Multiple Family Condominium width, length. it. 3 01/29/2003 14:15 515537344" R I CHARD 1,1 I'~A THE'~ PAGE 05 2 How much natural material (i.e.. rock, earth, etc.) will be r.moved from the sitel 3. NIt>. tons/cubic yards Will disturbed areas be reclaimed? DVes DNo Di.N/A a. If yes, for what intend..~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DVe~ DNa c. Will upper subsoil be stockpiled for reclamationl DYes DNo 4. How many acres of vegetation (trees. shrubs. ground covell) will be removed from site~ N/A acres, 5 Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this projectl DVes fiNo b If single phase project: Anticipated period of construction Nil. 7. If multi-phased: a.. TOlal number of phases anticipat@d b. Anticipated date of commencement phase 1 c, Approximate completion date of final phase d, Is phase 1 functionally dependent on subsequent phasesl 8, Will blasting occur during construction I NA DVes DNo 9. Number .of jobs generated: during construction I'l)l.. 10, Number of jobs eliminated by this project--1llA--. 1'. will project require relocation of any projects or facilitieS? months, [including demolition). [number), year. (including demolition). year. month month DYes DNo : after project is complete DYes aNo If yes. explain 12. Is surface liquid woste disposal involved? DYes fiNo a. If yes, indicate tYpe of waste (sewage, industrial, etc.) and amount b. Name of ""ater body into whicM effluent will b. discharged 13. 15 subsurface liquid waste disposal involved? DYe, IiDNo Type 14_ Will slJrh.c.e area of an existing water body increase or de-cre'ase by proposal? OYe5i (]IN.o Explain , 5. is proiect or any portion of project located in a 100 year flood plain? DYes . DNo 16. Will the project generate solid waste' DYes IlllNo a. If y.s, what is the '!mount per month ton' b. If yes, wHI an exi,tini solid waste facility be u,ed? DYes ONo c, If ye., iive name location d. Will any waste. not iO into a se\'lage disposal system or into a sanitary landfill? e. If Ves, explain DYe. ONo 17, Will the project involve tne disposal of solid waste? .. If yes, what is the anticipated rate of disposal? b tl yes, what is the anticipated site life? DYes \)jNO tons/month, years. 18. Will project use herbicide. or pesticide.? DVe, @>Io 19, Will project routinely produce odors (more than one hour per dal'J1 DYes 18No 20. Will project produce operating noise .~ceeding the local ambient noise levels? DYes QlNo :21. Will project result in an increase in energy use? O'Yes If yes , indicate typels) 22. If water supply is from wells, indicate pumping capacity JtXN 0 NA gallons/minute. 23. Total anticipated water u.age per day g.lIons/day. 24. Does project involve local, Slate or Federal fundingl DVe, I3No If Yes, explain 4 . . 5' IJ I3F .~ ~ WILLIAM D. GAILLARD Attorney at Law 17 MEETING HOUSE ROAD GREENWICH, CONNECTICUT 06831 (203) 661-4716 (phone/fax) Admitted to Practice in all Courts of CT & NY Of Counsel to: Roberts, Rose & Bates, P.c. Stamford, Connecticut, 06905 Southold Town Board P. O. Box 1179 Southold, NY 11971 June 26, 2003 Greetings: As a member of the Fishers Island Civic Association, I have been supplied with information concerning the change of zone request by the Anthoine family for their property on Fishers Island, together with a zoning map of the area in question. I object strongly to the Windham Resources petition and, in particular, to the factual misstatements in their "Reasons for Change of Zoning Request". The principal, and really the only, reason given for the change is that the Windham property (Lots 2-6.1 and 2-7) is "out of character with the surrounding land uses". If the property is "out of character", it has been so for far longer than the Anthoines have owneds their property. Their statement that "During the years of the family's ownership, the surrounding land uses have evolved (emphasis supplied) into primarily commercial and governmental use" is totally misleading. I have been a summer visitor to Fishers Island since the 1940's and every one of the neighboring uses cited in the Anthoine "Reasons" has existed since then, although some of the retail and governmental properties have changed names and/or ownership. The second misstatement in the Anthoine "Reasons" is that the renovation of the Fishers Island health facility is the "straw that broke the camel's back". This facility is the only one on Fishers Island and has served the island for many years, again coexisting peacefully with the Anthoine property. In order to modernize the facility to enable it to serve its isolated community better, a renovation project is planned which will in no way change the long standing health services character of this property. Apparently, the Anthoines' previous failure to totally block this project, for reasons of their own, has led them to file this change of zoning petition. There is simply no basis in fact or in law for the granting of this petition, and, as a concerned member of the Fishers Island community, I urge that it be rejected by all applicable Town authorities. cc. Very truly yours, [cw1Q CICIWE ~ Fishers Island Civic Association JUN 3 0 2003 Southold Town Planning Board I' . . . C1:J Z- FlL.- ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown .northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 9, 2003 MAY .. 9 21m Richard M. Matthew, Esq. LLC. Main Street POBox 1428 Bridgehampton NY 11932 IIulholII ... PlInnI Dear Mr. Matthew The Suffolk County Department of Planning is requesting the items listed in their enclosed letter on the Windham Resources, LLC. The Southold Town Planning Board also needs this same informationpefore they will review and give a recommendation on this change of zone. The County Planning Department will not give a recommendation until I send them the Southold Town Planning Board recommendation. If you should have any questions, please do not hesitate to contact me at 631765-1800. Thank you. Very truly yours, cO'~~a.17u..~M Eiiz'a<?e;h~:~eville Southold Town Clerk Enclosures cc: ToWn Attorney fl . COUNlY OF SUFFOLK. ROBERT J. GAFFNEY SUFFOLK COUNlY EXEClJTlVE DEPARTMENT OF PLANNING THOMAS ISLES. AICP DIRECT'R'EC ME'''' April 17 , 2003 APR 21 2003 Town Clerk Town of Southold $oufhold Town Clerk Application of "Windham Resources, LLC" for a change of zone trom R-80 to Hamlet Business at Fishers Island in the Town of Southold (SCTM #'s 100-9-2-6.1 & 7). Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County '\dlllinistrative Code. the ahove captioned applic:ltir'n will not he reviewed until the 1;)llr\\\il)~ information is submitted through the ollices of the municipal referring agency. I. An area map depicting land uses and zoning on and within 200 ft. of premises; 2. Information explaining "...the proposed use ofthe property next door". 3. A preliminary site plan, if available; 4. Required inforrrtation relative to the SEQRA process; and 5. Recommendations of the Town Planning Board. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN :cc .G:\CCHQRNY\ZONING\ZONI~G\WORKING\INC\2003\SD9.AP.R LOCA1l0N H. LEE DENNISON BLOG - 4TH FLOOR 100 VETERANS tvtEMQRIAL. HIGHWAY . r.IAIUNG ADDRESS p, O. BOX 6100 HAUPPAUGE, NY I I 788-0099 . (5 I 6) 853-5 I 90 TELECOPIER (5 I 5) 853-4044 ;. . . c ~t. P,'/e... ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 5,2003 Richard M. Matthew, Esq. LLC. Main Street POBox 1428 Bridgehampton NY 11932 Dear Mr. Matthew: On April, 10, 2003 a letter was sent to you notifying you of the $1,500.00 fee for the SEQRA evaluation for Windham Resources LLC. Please advise whether or not you wish to move ahead with this application at this time. If you should have any questions, please do not hesitate to contact me at 631 765-1800. Thank you. Very truly yours, ~O 9""~~~ Elil!:llbcth A. Ncviilc Southold Town Clerk Enclosures ee: Town Attorney t. .1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .1 Town HaJI, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Richard M. Matthew, Esq. LLC. Main Street POBox 1428 Bridgehampton NY 11932 Dear Mr. Matthew: April 10, 2003 The Southold Town Board at their regular meeting held on April 8, 2003 adopted resolutions concerning the "Windham Resources LLC" change of zone application. Resolution number 228 engages the professional services of Nelson, Pope, & Voohris to conduct a SEQRA environmental evaluation at a cost of $1 ,500.00. Please remit a check in this amount directly to my office at your earliest conveniencc. This matter will not move forward until such time as payment is received for these services. Resolution number 229 authorizes the tnmsmittal of the application to the Southold Town Planning Board and the Suffolk County Department of Planning. Copies ofthese certified resolutions are enclosed for your records. If you should have any questions, please do not hesitate to contact me at 631 765-1800. Thank you. Enclosures cc: Town Attorney Very truly yours, ~Or;.",'jk' Elizabeth A. Neville Southold Town Clerk f .J }' EUZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .> Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southolrl. town. northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 228 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOL YED, that the Town Board of the Town of Southold herebv authorizes and directs Suoervisor Joshua Y. Horton to hire the firm of Nelson. Pooe & Voorhis to conduct an evaluation oursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues oertinent to the ChanlZe of Zone aoolication olWindham 4,2003. RcsouJ'('CS, LLC at a cost of Fif'tcen hundred (SL'()()()()) dollars as pel their propllscil dakd\pril Ptr~a~-"'1Jh Elizabeth A. Neville Southold Town Clerk , . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2003 Thomas Isles, Director of Planning Department of Planning County of Suffolk Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Transmitted is the Windham Resources change of zone application together with all pertinent documents. Please review and prepare an official report defining your department's recommendations with regard to this proposed change of zone application. and forward same to me at your earliest convenience. Initially the Town Planner made some comments and asked for completion of the Environmental Assessment Form in its entirety. This information was received and is also enclosed. This is application has also been sent to the Southold Town Planning Board for their official review and recommendation. I will send you their response as soon as I receive it. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~'?f{~01i'/~ Elizabeth A. Neville Southold Town Clerk Enclosures APR ,,'0 72003 cc: Town Board Town Attorney V. Scopaz S9lJthold To'trn . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765.1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed change of zone application of Windham Resources, LLC. Please prepare an official report defining the Planning Board's recommendations with regard to these proposed change of zone and forward same to me at your earliest convenience. This app[lication has also been sent to the Suffolk County Planning Commission for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, o~ Eliza eth A. Neville Southold Town Clerk Enclosure cc: Town Board Town Attorney Suffolk County Department of Planning . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 229 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to transmit the Chanl!e of Zone application in the matter of Windham Resources, LLC to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ~Q-r;lff'" Elizabeth A. Neville Southold Town Clerk . . /' \/7 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD April 9, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southo1d Town Hall Southold, New York 11971 Gentlemen: Transmitted is proposed change of zone application of Windham Resources, LLC. Please prepare an official report defining the Planning Board's recommendations with regard to these proposed change of zone and forward same to me at your earliest convenience. This app[lication has also been sent to the Suffolk County Planning Commission for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very tml y yours, cY~~~d",.f 0 ~ Eliza eth A. Neville Southold Town Clerk Enclosure cc: Town Board Town Attorney Suffolk County Department of Planning p.Ieog aMlI1 ...... - :,~ _ e l HdV \11 r '-. ij ('-' 31 A ~ 3J ~, 5', i\~ . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 229 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to transmit the Chanl!e of Zone application in the matter of Windham Resources, LLC to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. a~a2;'....:JL Elizabeth A. Neville South old Town Clerk ... '1' . GREGORY F. YAKABOSKI TOWN ATTORNEY greg.yakaboski@town.southold.ny.us f PATRICIA A. FINNEGAN ASSISTANT TOWN ATTORNEY patricia, fin negan@town.southold.ny.m, . ri - JOSHUA Y. HORTON ,::>.'6r" Supervisor ;/5 1'8 Town Hall, 53095 Route 25 VI- P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 FaCS1l11lle ((,31) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Supervisor Horton Town Board 0 ~ClCiU~ ~ FEB 1 4 2003 Southold Town Planning Board From: Patricia A. Finnegan, Esq. Assistant Town Attorney Date: February 14, 2003 Re: Change of Zone Applications The following is a monthly status on the pending change of zone applications: Amerada Hess -Val Scopaz prepared a 1/21/03 memo to Elizabeth Neville containing numerous comments on the second draft SEQRA report prepared by John J.' Raynor, the consultant performing the SEQRA revieVl( for the Town. On January 29, 2003, I forwarded the memo to Raynor, asking him to consider Val's comments and prepare a final report. I have received several calls from the attorney representing Hess inquiring as to the status, as well as from Jospeh Finora, a neighbor of the gas station. Both have been advised that the SEQRA process is moving along. I expect to receive a report from Raynor within the next few weeks. Once the report is received, it will be forwarded to Val for review and subsequently scheduled for hearing. Mattituck Housing/Factory Avenue (AHD)- You have recently received a copy of my 2/10/03 letter to George Weiser outlining the next steps of the process, as it relates to the change of zone. This letter was sent in response to his inquiry both by phone and letter about the process and when he could expect a public hearing. No request for moratorium waiver has been filed by the applicant, nor have they provided all the requested information to complete SEQRA. Quad Enterprises - no activity - see attached 10/21/02 memo. OBM Co. - Please see attached memo for information on this application. To date, nothing has been done with this application. Richard Israel was In the Clerk's office last week requesting information on the status of the application. At this time, the Board can decide if correspondence should go out to the applicant regarding the moratorium, if the application should be accepted and SEQRA should begin, or if the application should be returned. Please advise how the Board wished to handle this matter as Mr. Israel has been calling the Town Attorney's office for advice on the application. Peconic pe~j'~rand Construction- This is a George Weiser subdivision proposed ill Southold.".See "attached memo. On December 3, 2002, an incomplete application for waiver from the rnoratorium was received in the Clerk's office. I returned the application to Ms. Mesiano on December 9th with a copy of the moratorium law and advised her that more information was required. On January 22, 2003, a letter was received in the Clerk's office asking that the waiver application be withdrawn and the fee refunded. No further information was offered. Estate of Grace Edson- no activity - see attached memo. 1fJlllillu 'HlI,iI'~!IllI" LLC- This is a new application, which has just been determined to be acceptable by Planning and the Town Attorney's Office. Accordingly, the SEQRA process will begin shortly. The applicant seeks to change the zone on a property located at Athol Crescent, Fishers Island, from R-80 to HB. The request is made because the "residential zone is out of character with the surrounding land uses and the proposed use of the property next door". It is hoped that the SEQRA and Planning process can move along such that the public hearing can be scheduled for the August Town Board meeting on Fishers Island. If you have any questions or comments on any of these matters, please contact me. Pat PAFlmd cc: Elizabeth A. Neville, Town Clerk wi attachment Valerie Scopaz, Town Planner wi attachment . . GREGORY F. YAKABOSKl TOWN ATTORNEY KATHLEEN MURRAY ASSISTANT TOWN ATTORNEY _ _~ATRI{;I",A.I!1N~G~_ ASSIST ANT TO\VN ATTORNEY . JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 117!! Southoldi New York 11971-0959 1'elephone ((i31) 765.1989 e-mail: , 'greg.yakabuski@townsouthold.ny.us ka thle.elll11urray@towll.,outhoid.IlY.us patri cia. filUle ganCcYto WIl, south old. n y ,w: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Supervisor Horton Southold Town Board From: Patricia A. Finnegan. Esq. Assistant Town Attorney Date: October 21,2002 Re: Change of Zone Applications (Non-AHD) The following is a list of all of the pending change of zone applications presently before the Town Board. . Amerada Hess - I forwarded a status memo on this on October 15th - Val Scopaz's memo was forwarded to Raynor on October 10, 2002, for review in conjunction with SEQRA . Skrezic - hearing to be held 10/22/02 . Quad Enterprises. R-80 to HD. Application to construct 126 senior townhouse units on a 31.4 acre parcel between Young Avenue (Railroad Avenue) and Boisseau Avenue, south of Rte 48 in Southold. SEQRA has been commenced and file has been forwarded to Suffolk County Planning for review. They will not perform their review until they have the recommendations of the Planning Board, and additional items mentioned in the SEQRA report (SCWA availability letter, density computation, and Archaeological Survey). The Planning Board will not prepare recommendations until after the moratorium has concluded. The Board can consider whether they want the Town Attorney to correspond with the applicant re: the moratorium, to advise the applicant that no further action will be taken on this application until after the moratorium has concluded, and to advise them of the further information needed to complete SEQRA per the report of NPV. . DBM Co. - Two applications have been submitted by Richard Israel on behalf of DBM Co.. for developments known as Highpoint Pines and Highpoint Landing. Highpoint Pines is designed as an affordable subdivision under the AHD and Highpoint Landing is a senior condominium development under the HD zone. The property is currently zoned R-Sa. No action has been taken on these applications to date, and they are waiting to be reviewed by the Planning Board and the Town Attorney's Office for completeness. Again, the Board can decide if correspondence should_g.o ()uu() the applicant regarding the moratorium, and decide if they want to begin the SEQRA process now or wait until the moratorium has conclude:ci it makes no sense to refer the mailer to the Planning Board at this time:. . Peconic Design and Construction - Petition submitted by Geol'ge Wieser for rezoning from HB and R-sa to HB to allow for the development of an 1 El,ullit retirement community, consisting of 9 semi-detached units. The: property IS on the north side of the Main Road, east of Boisseau Ave in Southold. Applicatloil was filed on October 30,2001. SEORA has not been started. It is Ill'j undcCi.,t;IIHlinr; there have been discussions about altering the plan as submitted wilh reClim! to landscaping, etc. I have left a Imessage with applicant's agent. Cathv Mosiano, to contact me with a status update . Estate of Grace Edson - On the Main Road in Cutchogue, change from R-Sa to HB. Per the applicant, SEORA has not been started The applicccllll was considering altering the application to change the zone to B- General BUSiness Greg spoke with Gail Wickham, applicant's attorney in May 2aOO and asked if the rezoning application was ready for submittal to the Town Board. She said it was not, she was still considering changes and would be meeting with the Planning Board. Ms. Wickham indicated that she would send a letter when the application was ready to be submitted, and the Town Attorney's office has not heard from her on this matter since then. At this time, the Town Board could either do nothing, consider denying the application for inactivity, or I could correspond with applicant to determine what applicant intends to do. Accordingly, the only two active applications not held up by the moratorium are Skrezic and Hess. Skrezic will have the hearing on Tuesday, and SEQRA is still being conducted on Hess. A question has been raised as to whether the Board is required to consider the applications that have been submitted, or whether, particularly in the case of DBM where no action has taken place, the Board can simply refuse to entertain the petition at this time. The Code reads, "The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, modify, or repeal..." the Zoning Code. The question is whether the word "may" gives the Board the right to refuse to entertain the petition. There is no state law requirement that the Board hear the petition. However, since the Code provides the opportunity to change the zone by filing a petition, the Board may run into some problems if it simply decides to refuse the petition I spoke with an attorney at the Department of State, who agreed that basic due process would require tile Board make some decision on the application. Based on the moratorium, it may be reasonable for the Board to pass a resolution rejecting the application of DBM, indicatln~J it would be appropriate to refile it after the moratorium. Otherwise, SEORA could be started with the understanding that no action will be taken by the Planning Board until after the moratorium. As such, the Board can decide how it wishes to proceed with these matters. either to correspond with the applicants, take no action at all, or return the applications 01/29/2n03 14:15 51553734i RICHARD M MATHE~ PAGE 01 FAX TRANSMISSION RICHARD M. MATHEW, ESQ., L.LC. AIlomey st Law MlPl SlnoolI P.O. 90x 1428 81'"_ ._.~ ......Vork 11932 TlIIIphone: (831) 537-1984; Fa: (831) 537-3445 To: Fa.: From: Elizabeth Neville 76~145 Date: 29 January 2003 Pag..: 7, including this cover sheet. Richard M. M..II A>W, Esq. Subject: Windham Reaources LLC Dear Ms. Neville, Further to your phone call and fax yesterday, attached please find the following documents relative to the above-referenced matter: . copy of the Notice to Adjacent Property Owners (not yet mailed) . the Full Environmental Assessment Form with the additional information requested by the Town Attorney Thank you for your assistance. Please let us know if you have any further questions. CAwol~ Carol Powel Smith ( ) 1lIe ~.-...~ _I.... belBll by I11III. ( ) ThII wi be 1Ile """ fllrm fIf deh8ry at 1118 IrlIn8lnlIIld docu,"""". ..-aRTANT NOTIC~: 1lIe_,~~"""',""_,' . n luCONFIDENTlAL COMMUNICATION. .....1Ul:II..iI......o.dllbe~md ..-l anlv by the individual or enlly I\8rnec1.bowt. If",.. are nol tIIe1nlended """'lenllO nemed, YOU ARE PROHIBITED ""'" ~ lIlII ~_....' . -,. y..,....... """"',""d_. dlollllu1lQn or~ flflhk tn.l......... S1RlCflY~D.llGU"'l .1Illd...._In_.__.....,UlI~,.,._!l. .II!' 1.fI-.und _... 0I'\11n......-., ,"' II....... U.S......... 8enIbo. Tll_ "'... 01/29/7003 14:15 5155373_ RICHARD M MATHE~ PAGE 02 TOWN BOARD. TOWN OF SOUTttQLD In the Matte\' oftbc Petition of NOTICE TO ADJACENT PROPERTY OWNERS to the Town Board of the Town ofSouthold. TO: YOU ARE HEREBY GIVEN NOTICE: L That it is the intentiun of the undersigned to petition the Town BOIIlCI of the Town of Southold to n::quest a chan2e of ZOIle ftom R-BD to Hamlet Business. 2. 1bIt the p1~ which is 1he subja:t of the PcIition is located adjacent to your ~rty and is des- cribed lIS follows: Pl..ol\ltv on the comer of Athnl Crescent and Oriental Avenue on Fishers Island identified as # 1000-9-2-7 and 1000-9-2-6.1 on the Suffolk CounlV Tax MaD. 3. That the propmy which is the subject of such Petition is Ioc:ated in the following zoning district: . R-80 4. That by sllCh Petition, the undersigned will request, that the above-<iescribed propertY be placed ill the foll.".,ing zone distric;t classiflcaJion: Hamlet Business S. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, SouthoJd, New Yorlc: and you may then and there examine the same during reguJa.- office hours. 6. That before the relief sought may be gJ'Il.IIt.ed, a public hearing must be held on the matter by the Town BOIIlCI; that a notice of such hearing must be published at least 1m days prior to the date of such hearing in the Sllff'olk Times or in the Long Island TrlIveler-Mattituck Watchman. newSpaperll published in the Town of Southold and designated for the publication of such notices; that you Or your representative have the rigbt to app=r and be hl=d at sllch~. Dated; \~)'2- I 01- NIl1t; W' L.e (h I W, wi Jwv, i?L'5#/lW- Petitioner io~e~s: ~~~ laka lA/V O&:."2,Q/) 01/29/2003 14:15 5155373~ RICHARD M MATHE~ 617.21 Appendix I\. State Envlronml!nlal Quallly Review FULL ENVIRONMENTAL ASSESSMENT FORM PAGE 03 -~' 14-16.2 (2/87)-7c SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not alwi;lYs easy to answer, Frequent- ly. there are aspects of a project that are subjective or unmeasureable, It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e,.pert in environmental analysis. In addition, many who have knowledge in one particula"rea may not be aware of the broader concerns affecting Ihe 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 paris: Part 1: Provides objective data and information about .a given project and its site, By identifying basic projec.i data, it as.sists a reviewer in the analysis that takes place in Parts 2 and 3~ Pari 2: Focuses on identifying the range of possible impacts that may occUr from a project or actio'". It provide: guidance as to whether an impact is likely to be considered small to moderale or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated Or reduced, Pari 3: If any impact in Part 2 is id~ntified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important, DHERMINATION OF SIGNIFICANCE- Type 1 and Unlisted Actions Idenlily Ihe Portions 01 EAF completed for this project: 0 Pari 1 0 Part 2 oPart 3 Upon review of the information ;ecorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead .ilsency that: . . o A. The project will not result in any large. and important impact(S} and. therefore. is one which _iii- not have a ~ignificant impact On the enVironment, therefore... ntgati-we declaration ,.,iII be prepared. o 13, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigalion measures described in PART 3 have been required, therefore ~ CONDITIONED negative ded~r.tion will be prep..ed,' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a pos_U'lJe decla.ration will be: prepared. . A Conditioned Negative Decl.aration is only valid for Unlisted Action5 windham Resources Zoning Change Name of Action Southold 'lOwn BOard Name of lead Agenc:y Print or Type Name of ResponsIble Officer in Lead Ag~ncy Title of Responsible Officer Signature of Responsible Offker in Load Agoncy Signature of Preparer (If dirle ent f rom responsible officer) ,~h.. ~ d"V . O.te 1 01!2~!2003 14:16 51653734' RICHARD M MATHE'" PAGE 04 PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entir,e form, Parts A through E. Answers to these question5 will be considere as part of the application for approval and may be subject to further \lerification 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 lull EM will be dependent on information currently available and will not invol" new studies, research or investigation, II inlormation requiring ,uch additional work is unavailable, 50 indicate and specil each instance. NAME OF ACTION Change of Zone LOCATION OF ,ACTION (Include Streel AddtU9, Ml.,Inlclpllmy .nd County) Athol crescent, Fishers Island, 'l:'awn of Southold. county of Suffolk NAME OF A.PPLlCANT/SPONSOR I aUSINESS TEL.I:"'HC-NE windham Resources LLC (6311 537-1984 .- AODRESS - c/o Richard M. Mathew. ESo. LLC CllY /pO I ST;;r.: 1 ZiP C-C;'-OE P.O.Eox 1428 Brid tan 11932 NAME OF OWNER (If dlffer."'l) \ BUSINESS TELEPHONr=. Same ( ) -. ADt>~ESS CllY/PO I STATE I ZIP COOe. -. DESC.RIPTION OF ACTION - .. 9tJange of 20ne fran R-BO to HB Ple..e Complete heh Que.tion-Indicite PoI,A. if nol ipplicoble A. Site Description Physical setting 01 overall project, both developed and undeveloped areas, 1. Present land us., DUrban Dlndustrial OCommercial 5iIResidential (suburban) DEore5t DAgriculture OOth" DRural (non-Ia 2, Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tidal as per Articles 24, 25 of Eel) Wa~er Surface Area Unvegec.ted (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indic.te type) 3 What i, predominant soil type(s} on project Site? _ a. Soil drainage: JQlWel1 drained 100 % of site DPoody drained % of site b, If any agricultural land is involved, how many acres 01 soil are c1assilied within soil group 1 through 4 of the land Classification System? acres. (See 1 NYCRR 370). 4, Are there bedrock outcroppings on proiect ,ite? DYe, I(JNo a. What is depth .to bedrock? (in feet) 2 23 acres. 1.5 .6 o acres AFTE~ 'fMPlETIO~ . acre .6 o acre PRESENTLY acres acres acre acres acre acres acre .13 acres .13 acre acres .acrE acres acrf_ Loamy silt OModerately well drained % of site 2 01/2S/2"003 14: 15 51553734i RICHARD M MATHE. 5. Approximate percentage of proposed project site with SIOpes:'~O% 85 % ~% or greater 1 '=i PAGE 05 010.15% ~ % 6. 15 project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation, Registers of Historic Placesl DYes g)No 7, Is project substantially contiguouS to a site listed on the Regilter of National NatLJrallandmarks? DYes IlaN 8, What is the depth of the water table? _ 5.lLftin feet) 9, Is site located over a primary. principal, or sole source aquifer? DYes KaNo 10, Do hunting, fishing Or shell fishing opportunities presently exist in the project area? DYes ~o 11. Ooe5 project site contain any specie> of plant or animal life that is identified as threa.tened or endangere. DYes O<lNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (Le" cliffs, dunes, other geologicai formatior DYes IlCINo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are DYes IlONo If yes, explain . 14. Does the present site include scenic Views known to be important to the community? DYes EiClNo 15. Streams within or contiguous to project area: None 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 Nnnp b. Size (In acres) '7, Is the site served by existin& p~blic utilitil!s? ~Yes ONo a) If Ye" does sufficient capacity exi,t to allow connection? :oJjYes DNa b) If Yes, will improvements be necessary to allow connection? IilYes ONo 18. Is the site: located In an agriculturld district certified pursuant to Agriculture and Markets law, Article 25./ Section 303 and 3041 DYes IXlNo 19 I, the site located In or substantially contiguou, to a Critic,l Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6171 DYes lfJNo 20, Has the site ever been used lor the disposal of solid or ha2ardous wastes? DYes ~o B. Project Description 1. Physical dimensions and scale of project (fiil in dimensions as appropriate) a. Total contiguous ac.reage owned or controlled by project sponsor b. P,oject acreage to be developed 7 71 a~res initially; c. Project acreage to remain undeveloped () acres. d. Length of project, in miles: '" I A (If appropriate) e, If the project 'IS a.n expansion, indicate percer'll of expansion proposed f. Number of off-street parking spaces e,isling N I A ; proposed ~, Mal<imum vehkular trips ~enerated per hour 0 (upon completiol'l of project)? h, If residential: Number and type 01 housing units: N/ A One Family Two Family Initially Ultimalely L Dimensions (In feet) of largesl proposed structure height; I, linear feet of frontage along a public thoroughfare project will occupy is' 2.2~ 2.23 acres. acres ultimately. N/A %; Multiple Family Condominium width, length. It. 3 01(29(2TI03 14:15 51553734. RICHARD M MATHElIt PAGE 05 2. How much natural material (i.e.. rock, earth, etc.) will be "moved from the site? Nil>. tons/cubic yards 3. Will disturbed arees be reclaimed? DYes DNa l54N/A a. If yes, for what Intend,~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNa c. Will upper subsoil be stockpiled for reclamation? DYes DNa 4. How many acres of vegetation (ltees, shrubs. ground cove,,) will be removed from site? N/A aues. S. Will any mature forest (over 100 years old) or other locally.importanl vegetation be removed by this projectl DYes JOlNo 6. If single phase project: Antlc.ipated period of construction NA 7. If multi-phased: a. Total number of phaSES anticipate.d b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construdion? NA DYes DNa .9. Number .of jobs generated: during construction Nil 10. Number of jobs eliminated by this project~. ". Will project require relocation of any projects or facilities? months, (including demolition]. [number). month month DYes year, (including demolition). year. DNa ; after project is complete DYes fiNo If yes, explain 12. Is surface liquid waste disposal involved? DYes :aNo 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? DYes ~No Type 14. Will surface area of an l!J:istins water body increase or decre'ase by proposal? DYes []tNo Explain 1 S. Is project or any portion of project located In a 100 year flood plal~? DYes DNa 16. Will the project generate solid wastel DYes IillNo a. If yes, what ;s the ~mount per month tons b. If yes. will an existini solid waste facilit)/ be used! DYes DNa c, If yes, iive name i location d. Will any wastes not &0 into a seyvaSe disposal system or into a sanitary landfilH e. If Yes, explain DYes DNa 17. Will the project involve the disposal of solid wa,te? DYes 111 No 3. If yes, what is the ant.icipated rate of disposal? tons/month. b 1\ yes, what is the anticipated site life? years 18. W'tll project use herbicides or pesticides? DYes iOl-lo 19. Will project routinely produce odors (more than one hour per dav)1 DYes QlNo .:20. Will project; produce operating noise e,.:,eed\ng the local ambient noise levels? DYe, QlNo 21. \!I,Iill project result in an increase in energy use? If yes. indicate type{s) 22 If water supply is from wells, indicate pumping capacity NA gallons/minute. D. Total anticipated water usage per day gallonslday. 2~. Does project involve Local, State or Federal funding? DYes I3No If Yf:?S, explain DYes XXN 0 4 01/29'/2"003 14: 16 51653734' 25, Approvals Required: Cit,!, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board Cit,!, County Health Department Other Loca I Agencies Other Regional Agencies State Agencies Federal Agencies IllYes DNo DYes Q1lNo DYes IllINo DYes Q1lNo DYes g;jNo DYes IllINo DYes I8No DYes Il'INo RICHARD M MATHElIt PAGE 07 Type Submittal Dale c. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? roYes ONo If Yes, indica.te decision required: ~zonjng .amf!ndment Ozoning variance. Dspecial use permit Dsubdivlslon Dsite plan DnewJrevision of master plan Oresource management plan Oother 2. What is the zoning c1assification[s)of the site? ~ J<~Rn 3. What is the maximum potential development of the slIe if developed as permitted by the present zoning? 4. What is the proposed zoning of the site1 H~mlpt 'RnC%inp~!=i 5. What is the maximum potential development of the site iF developed as permitted by the proposed zoning? 1 Single-family dwelling 6, Is tne proposed action consi~teJ'it with the recommended uses in adopted local land use plans? ~Yes Q 7. What are the predominant land use(,) and zoning classifications within a 'A mile radiu, of proposed action? Q::mnercial, civic, <;pverrxrental, residential 8. Is ~he proposed action compatible with adioining/surrounding land uses within a 'A milel R)Ves l. 9, If the proposed action is the subdivision of land, how many lot, are propo,ed? NA a. What is the minimum lot size proposed? 10. Will proposed action require any authorization[s) for the formation of sewer or water districts? DYes ~ 11 Will the proposed action create a demand for any community provided services (recreat.ion/ education, po fire protectionH DYes :fJNo a., If yes, is existing capacity sufficient to handle proiected demand? DYes ONo 12 Will the proposed action result in the generation of traffic significantly above present levels? DYes I~ , a, If yes, is the existing road network adequate to handle the additional traffic? DYes ONp. D. Informational Details Attach any additional information as may be needed to clarify your project If there are or may be any ad- imp(I(:ts aS5oc::ialed With your proposal, please discuss such impacts and the measures which you propose to mitig45 a voi d them. E. Verific(jtion I certify that the information provided above is true \0 Ihe best of my knowledge, ApplicantJS~n~or Name 'trl' W, ~~ I Wl....d~Llll-d?~~tl.'".Les, ULOate 1?-'/2-/o2 Signature ~ _' ~ Title M'lV": If the action is an the Coastal Area, and you are ~ state agency, complete the Coastal Auessme"1 form before proce wifh this assessment. 5 " '. . . . VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Re: Elizabeth Neville, Southold Town Clerk / Patricia Finnegan, Assistant Town Attorney Valerie Scopaz, Town Planner I~ Windham Resources, LLC TO: From: Date: January 27,2003 On reviewing the change of zone petition for the above noted property, I find it to be incomplete for planning review purposes. The material submitted does not explain the public benefit(s) that would accrue as a result of granting this request. Also, the Environmental Assessment form was not completed. The circled items must be answered. .--!---- . , W-' j, " . 14-16-2 (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 e.xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full 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 Identify the Portions of EAF completed for this project: 0 Part 1 Unlisted Actions o Part 2 OPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: o A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a ~ignificant impact on the environment, therefore a negative declaration will be prepared. o B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' o 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. 11 A Conditioned Negative Declaration is only valid for Unlisted Actions Windham Resources Zoning Change Name of Action Southold Town Board Name of Lead Agency Print or Type Name of Responsible Officer rn Lead Agency Title of ResponSible Off icer ~ Signature of Responsible Officer in Lead Agency Signature of Preparer (If diffe ent from responsible officer) I~\ ).. 1..-\. d"\./ Date , . , ., ~ PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is deSigned to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider< 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 invol' new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each instance. NAME OF ACTION Change of Zone LOCATION OF ACTION (Include Street Address, Municipality and County) Athol Crescent, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLICANT/SPONSOR I BUSINESS TELEPHONE Windham Resources LLC I 6311 537-1984 ADDRESS c/o Richard M. Mathew Esa. LLC CITY IPO I STATE I ZIP CODE P.O. Box 1428. BridoehamDton NY . 11932 NAME OF OWNER (If different) I BUS1NESS- TE-LEPHONE-- Same (J . ADDRESS CITYJPO I STATE I ZIP CODE. DESCRIPTION OF ACTION - 9hange of zone fran R-80 to HE 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: DUrban Dlndustrial DCommercial 5iIResidential (suburban) DRural (non-fa, V DForest DAgriculture DOther . 2. tal acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIO~ Meadow or Brushland (Non-agricultural) acres acre" Forested acres acre- Agricultural (Includes orchards, cropland, pasture, etc.) acres acre- W'etland (Freshwater or tidal as per Articles 24, 25 of EeL) acres acre- Water Surface Area acres acre"_ Un vegetated (Rock, earth or fill) acres acre' Roads. buildings and other paved surfaces acres acre' !YOther (Indicate type) acres acre' 3. hat is predominant soil type(s) on project site? NA a. Soil drainage: DWell drained % of ,ite DModerately well drained % of site DPoorly 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 t Land Classification System! acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes 0No a. What is depth to bedrock! (in feet) 2 ..:.:.,:, ., . . ~pproxlmate percentage of proposed project site with slopes N/ADO-10% {./ . 015% or greater 6. Is project substantially conl:iguous to, or contain a building, site, or dlstnct, listed on the State or the NatiOi Registers of Historic Placesl DYes lUNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~hat is the depth of the water tablel N/A (in feet) Y9. Is site located over a primary, principal, or sole source aquifer? DYes KaNo 10. 00 hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere DYes llaNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatioi DYes IXINo Describe % 010-15% % DYes Ilal DYes fiNo 13. Is the project site presently used by the community or neighborhood as an open space or recreation are DYes llaNo If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes llaNo , 5. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: tJ a Name None. 17 Is the Site served by ~xlstlng publrc utilities? DYes DNo a) If Yes, does suffiCIent capacIty eXist to allow connection} DYes DNa b) If Yes, wrll Improvements be necessary to allow connection 1 DYes DNo 18. 15 the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25~A Section 303 and 3041 [JYes IXINo b Size (In acres) 19, Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6171 DYes KlNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~o }Jproject Description N/A . 1 hysical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Pmject acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare project wrll occupy isl ft. length 3 ''" . 2. HDW much natural material (i.e., rock, earth, etc.) will 3. Will disturbed areas be reclaimed' DYes DND . be remDved from the site? N/'A tDns/cubic yards JOaN/A a. If yes, fDr what intendc~ purpDse is the site being reclaimed? b. Will tDpsoil be stDckpiled for reclamatiDn' DYes DNa c. Will upper subsoil be stockpiled for reclamation' DYes DNa 4, How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. 5. Will any mature forest (over 100 years old) or other 10cally.impDrtant vegetation be removed by this project? DYes xxNo 6. If single phase project: Anticipated period of construction NA months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? Will blasting occur during construction? NA DYes DNo Number of jobs generated: during construction NA Number of jobs eliminated by this project Nil (number). month month year, (including demolition' year. DYes DNo 8. 9. 10. ; after project is complete 11. Will project require relocation of any projects or facilities? DYes :lalNo If yes, explain _ 12. Is surface liquid waste disposal involved? DYes DINo 3. 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? DYes 0No Type 14. Will surface area of an existing water body increase or decre'ase by proposal? DYes Explain 15. Is project or any portion of project located in a 100 year flood plain' DYes DNo 16. Will the project generate solid waste' DYes IXINo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system Dr into a sanitary landfill? e. If Yes, explain I1lN 0 DYes DNo 17. Will the project involve the disposal of solid waste? DYes jJgNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will prDject use herbicides or pesticides? DYes ~o 19. Will project rDutinely produce odors (more than one hour per day)? DYes [2gNo 20. Will project produce operating noise exceeding the local ambient noise levels? DYes OlNo 21. Will project result in an increase in energy use? If yes, indicate type(s) . 22. If water supply is from wells, indicate pumping capacity DYes lOl'No NA gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve LDcal, State or Federal funding? If Yes, explain DYes III No 4 C. Zoning and Planning Information 1, Does proposed action involve a planning or zoning decision? If Yes, indicate decision required: ~zoning amendment Dzoning variance Dspeciat use permit Osubdivision Dnewlrevision of master plan Dresource management plan Dother 2. What is the zoning c1assification(s)of the site? _ R_RO 3. What is the maximum potential development of the site if developed as permitted by the present zoning? d 'j ., 25. Approvals Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Loca I Agencies Other Regional Agencies State Agencies Federal Agencies . Submittal Date Type 5aYes DNo DYes [dgNo DYes QgNo DYes [dgNo DYes [dgNo DYes ~No DYes QgNo DYes a!No KlYes DNo Dsite plan 4. What is the proposed zoning of the site? Ht=lmlPT'Rm:dnpF;F; /yWhat is the maximum potential development of the site if developed as permitted by the proposed zoning? Y/;;')s the proposed acti~n consistent with the recommended uses in adopted local land use plans? DYes I (/;~ What are the predommant land use(s) and zonmg claSSifications withIn a 1,4 mile radiUS of proposed action? Commercial, civic, governmental, residential 8. Is ,the proposed action compatible with adjoining/surrounding land uses within a 1,4 mile? 9. If the proposed action is the subdivision of land, how many lots are proposed' NA a. What is the minimum lot size proposed? Will proposed action require any authorization(s) for the formation of sewer or water districts? 10. 11 KlYes I DYes Il<: Will the proposed action create a demand for any community provided services (recreation, education, pol fire protection)? DYes KJNo a. If yes, is existing capacity sufficient to handle projected demand? DYes DNa Will the proposed action result in the generation of traffic significantly above present levels? DYes [j; , a. If yes, is the existing road network adequate to handle the additional traffiel DYes DNa. 12. D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adv impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigat avoid them. E. Verification I certify that the information prOVided above IS true to the best of my knowledge Applicant/Sp.onsor Name 'Vt.u-u!l'~' L I IJJl'lA.dhttll-l.E'e.souVc.-eS, LLLDate '\/1. 'W. Signature V ~ _ Title Ma V'. v 1-z../z.loL If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before procee. with this assessment. 5 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD To: Town Attorney Gregory F. Yakaboski Town Planner Valerie Scopaz Town Clerk Elizabeth A. Neville ~ Change of Zone Application of ~Resources LLC From: Re: Date: January 8, 2003 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfor k.net Transmitted herewith please find a copy of the above application change of zone application received by mail on this date. Please review as to completeness and advise me, in writing, if you deem the application as acceptable for submission and acceptance. Thank you. Cc: Supervisor & Southold Town Board . . ------------ -- - - ----"'._--.--- )' I r RADIUS MAP FO SITUATE: FI~lONE CHANGE TOHN: 5OUT~ ISLAND SUFFOLK COUN OLD TY, NY AU6US T 0 20 , 02 SUFFOLK COUNTY TAX. 1000-'1-2-0 I 1000-'1-2- i APPLICANT, ~indhom D M 1'8S0urC8 L s. Nino Leth M 5. LC 35 ~ods ' onogec ~estpoct 6~fve Rood , 00BBO ,~'~'& ~,oJ:,.o tP._~ti.;1#1,r ,,:(iF~Y'" .~'" 4 .?',/' wit "",l' '<!" ,(1' '" ~ ~ \;'" .' ,- -", ~~,~..y ,",' .... 9:1<t' ~:" ~~ ~~ if" ,~;Jf~$'G'.%~"";"<;:'''" SUi BOUND ~'b "1,1., ~ "~, /~~. ~ >'\. ~ '<-'" X ,fv~\)<<' 4i rv<<'~ / (;4-<<,0/ " 5' . . N W+E S FO~--"""'JI.~~:~t&~m~ / AVENUE - - - - . ---.-.------------_.--- -:::::5--h~;:I::::::::::-- - :€~~$i::- - - _C_Hl.RC-H u _ ~ ~:-- r GRAPHIC SCALE ~ I" =200' I ~I . OWNERS LIST TAX MAP No. IOOQ-q- (") ~ ~m a frl ~ 1-20 BARBARA M. GORHAM TRUST 1-21 TALBOT F'AMIL Y LIMITED PARTNERSHIP 2-2.1 ST. JOHN"" EPISCOPAL CHURCH 2-4.1 FISHERS ISLAND FIRE DISTRICT (FIRE HOUSE) 2-5 F I UTILITIES CO. INC. (COMMERCIAL BUILDING) 2-0.1 V'lINDHAM RESOURCES LLC (VACANT) 2-0.2 ISLAND HEALTH PROJECT INC. (VACANT) 2-1 V'lINDHAM RESOURCES LLC. (RESIDENCE) 2-8 FISHERS ISLAND CIVIC ASSOCIATION 2-q JILL ELlZ."BETH ROGAN (RESIDENCE) 2-10 CHARLES B. FERGUSON t V'lIFE (BUILDING) 2-12.1 FISHERS ISLAND UNION CHAPEL SOCIETY ~ l~ {11 4-1 BERIT H. HUSEBY. KRISTIN F. HUSEBY, ROBERT N. HUSEBY t ROBERT N. HUSEBY -lR 4-2 ROBERT V'l. PARSONS t SUZANNE V'l. PARSONS (RESIDENCE) 4-3 JOANNE MONTGOMERY BURR (COMMERCIAL BUILDIN0) 4-4 CANIO A. TOGLlA (BUILDING) 4-S ALLISON D. SARGENT t THOMAS A. SARGENT (COMMERCIAL BUILDING) 4-6 ROBERT N. HUSEBY (RESIDENCE) 4-1 HENRY L. FERGUSON MUSEUM INC. 4-8.2 . DEBORAH S. SHILLO 4-8.S ELIZABETH V'l. FURSE t THOMAS J. V'lATSON (BUILDING) 4-11.1 HENRY L. FERGUSON MUSEUM INC. 4-115 F I REALTY HOLDING CORP. 4-14.1 TAD GLENN SPERRY 4-14.2 ELLEN D. HARVEY 4-15 EDV'lARD T. MCELV'lREATH t LESLIE L. MCEL~REA TH 4-16 CONSTANCE ~HITE t EDMOND ~HITE 4-IT F I UTILITIES CO. INC. (VACANT) 4-18 M. ELIZABETH SAVAGE t JOHN SN ~ASLEY (RESIDENCE) 4-lq LILLIE M. AHMAN t RICHARD G. AHMAN 4-20 ESTELLA D. PARSONS t J. LESTER PARSONS III 4-21 LILLIE M. AHMAN t RICHARD G. AHMAN 4-22.1 -lOAN A. CHAVES 4-22.2 JOAN A. CHAVES 4-23 THOMAS SHILLO S-I -lAMES R HALL t STEPHANIE HALL 5-2 GRACE V'l. HARVEY t JOHN J. TIGUE JR 5-3 FISHERS ISLAND TELEPHONE CORP. 5-13 RONALD ZANGHETTI t ~IFE 5-14 PETER V'l. R06AN (RESIDENCE) . 5-10.1 ST. JOHNS EPISCOPAL CHURCH NOTE: ITEMS IN PARENTHESIS INDICATE BUILDING TYPE [II.. .. '28"'" ._-_-_-_-_-_-_-_-_-_-.-_-_-_- ZONE DI5TF<:ICT -~-=-=-=-:-:_:-:<-:-:-:-:-: R-40 1-:-:-:.:-: :- :-:-:-:-:----~-- IB.JECT PARCEL )ARY DESCRIPTION :.cole I"::: 100' _ ZOI'E DISTRICT .-00 ,.,o"''''''''~''''lte'''"'''''D'=d;''''''''Q''..........e\ "'"p"""',ngo''''''''''''''''"d.....'''''JD.'...s<>'Ioa ,'o,,,j,,,,,,<>r.edloo lX)<1,"'-">--"'v'sk,., 2, a' ,he r...~ Yo," 5'0'.. Ed"DlIOo cO>'<' ,........................1 L'LE'L~LLLLLLLLLLLCLLLLL ION': DISTRICT _mJ~Hmmm~;~~ B ~ Zot-E DISTRIGT ~ HB "O'>'J 001""" Ic"", t.... Gr'g'''''' o' to!. """'6~ "'0'''''' ..,t" '" "''9m,,, Of '"~ "'"" ""r"e'l"'~ ,lcm'P."'8"''''''''N~''''''1d6''''''a'''''''''"''t'.... <opi<>>' .~':'~':'::l~p:::'aI","~~:re",::~9"':'~ t~:~ lot"'l c.oa.o aI Pr""'k. 'Of L""" ~""-'8Y' 0"0"".0 "'J ,h. No"yOf. "''''8 A.."datlooo'P,""....,""'" l.~"" 5<or"~1j<lf'. ">ala <e.-lJIlartl""..no" "" <>,,~ lo 1>.. "","""'D'''-'''''' ''''' """6\ "'''''''_.''. o""""lo._"loIMtrtl"~"",<,,,,,'l-"I"""-""'~"" 'o'_\"""."""9.,.m...lIoo,~","h8'''"",,,,,,, !"th""'~".l",,,,.a1'h<lI"""""J ""'1'1;,,0 C8rt~k,,- I""", o<e coll'''"'"'..-<<>Ie to """'"'or>o>l ...'~"'Iono JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. Lie. NO. 50202 DnmDUPAT'\ "-TV 110(\1 . . Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Richard M. Mathew Tel: (631) 537-1984 Fax: (631) 537-3445 E-mail: RMMathewEsq@ao1.com 6 January 2003 Maxine Hirt Of Counsel Ms. Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Windham Resources LLC - Change of Zoning Classification Dear Ms. Neville, With regard to the above-referenced matter and further to your letter of December 16tl" enclosed please find the following completed documents and material: L 4 sets of the completed application and petition including: . cover letter forms . affidavits . project description (attachment to Petition) . metes and bounds description (attachment to Petition) . Environmental Assessment Form . survey 2. I copy each of the 2 deeds 3. Windham Resources LLC's check number 1126 in the amount of$I,OOO.OO to cover the filing fee. We have retained the Notice to Adjacent Property Owners and the Proof of Mailing Notice until we are advised by you to proceed, after which we will submit those completed forms. We look forward to hearing from you. In the meantime, should you have any questions, please do not hesitate to contact me. Very truly yours, '"{ ;~" .l,-t::: Richard M. Mathew . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REOUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Windham Resources LLC (Name under which application shall be known) 007. 000 and -006.100 --- --- Parcel SUFFOLK COUNTY TAX MAP NO.: 1000 - 9 0 0 . 0 0 - 0 0 2 --- -- --- District Block A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification ofthe Zoning Map in a accordance with the Section 100 _292 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/ A where not applicable) x I. Four (4) sets of the completed application form and petition. Each set shall contain one (I) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. x 2. Fee in the amount of$I,OOO.OO ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. x 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within two hundred (200) feet of all boundaries of the property to be amended. x 4. Metes and bounds description of the proposed amendment. . . x 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): Windham Resources LLC Address: c/o Richard M. Mathew, Esq. LLC P. O. Box 1428 Bridgehampton, Telephone No. 631-537-1984 New York 11932 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership, prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: Address:(if different) Title: Telephone No.: 3. Landowner(s): Windham Resources LLC Title: Nina Leth, Manager Address: Athol Crescent Fisher's Island, New York 11971 Telephone No.: 203-227-2854 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: John C. Ehlers Title: Surveyor Name of Finn: John C. Ehlers, Land Surveyor Address: 6 East Main Street, Riverhead, New York 11901 Telephone No.: 631-369-8288 5. Name of Atlomey, or Agent authorized to represent the property owner and/or applicant: Name: Richard M. Mathew, Esq. LLC Title: Name of Firn1: Richard M. Mathew, Esq. LLC Address: P. O. Box 1428 Bridgehampton, New York 11932 Telephone No.: 631-537-1984 . . 6. All communications with regard to this application shall be addressed to the following person until further notice: ]\lame: Richard M. Mathew, Esq. LLC Address: P. O. Box 1428 Bridgehampton, Telephone ]\10.: 631-537-1984 Title: New York 11932 C. SITE/PROJECT DATA: 1. Location of Property Southerly Side (north/south! east/west) side comer of A thoI (street) Crescent or road) o feet East (north/south/east/west) of Oriental Avenue (nearest intersecting street) Fisher's Island (hamlet) 2. Existing zoning district(s) R-80 Special Overlay District(s), if applicable 3. Requested zoning district(s) Hamlet Business 4. Lot area:~8.774 sa ft +/- sq. ft or acres 2.23 ac 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE 6/2/78 12/31/59 UBER 8437 4750 PAGE 400 530 b. A copy ofthe(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? YES x NO 7. All buildings and structures are shown on the survey? YES x NO (The Town Board reserves the right to request a complete survey showing all existing structures. ) 8. Existing: Building Area 95,396.4 sq. ft. Lot coverage N/ A _ 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what bcnelits will accrue to the CO III III unity by the proposed rcwning. Document reasons . . why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEORA (See Part 617, NYCRR and Chapter _ of Town Code) 1. Does the site '''ront on a Town, County of State Road? (circle one) Name and nUll!. T of the road (i.e. County Road 48, State Road 25) No 2. Is the site within any '-.. . areas ofreview of the Suffolk County Planning Commission? YES x '), If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act (SEQRA) and Chapter _ of the Town Code? YES x NO. If yes, what area? 4. Type I, Type II or Unlisted Action (circle one) An environmental Assessment fonn must be completed for Unlisted and Type I actions. 5, Has an Environmental Assessment Fonn or Draft Environmental Impact Statement been prepared? x YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. ~ W. J.eJtc APPLICANT'S SIGNATURE Sworn efore me this ~ 1MI day of ~ wM.tUUi'n ~ NOTARY PUELI . . F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk being duly sworn, deposes and says that he/she resides at _ in the County of and the State of and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle)) of the premises described in the foregoing application and that he/she has authorized to make the foregoing application for amendment and/or change of zone as described here in. N UJA LV. LETt-l NAME fore me thi~tLL 1'0Q3 - . \~U).~ . SIGNATURE \v\\.1dkl(~ ReYxJvce~! LLc.. tMCU<-A.jer If a corporation, name of corporation and Officer's title . . G. DISCLOSURE AFFIDAVIT State of N",,, '[ u,1.. C <1 VII! e- c -J., '0 "" .i County ofS"fful1.. ill ,<r fi'&Z-J- Windham Resources being by me duly sworn, deposes and says: I. I am an applicant for a project or an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: Windham Resources Zone Change 3. I reside at 35 Woods Grove Road Westport, CT 06880 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE Manager Nina Leth 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application, have any ofthe following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members ofthe Town Board or political committees designated to accept donations behalf: Yes No 1. Owner 2. Applicant 3. Agent for owner or applicant 4. Attorney 5. Other x ---"'-- x x . . If the answer to Question 7 is yes, Town Code Chapters _ and _ require that the information be provided below: Name Title (Owner. Al!ent. Attornev. other) Amount ****************************************************************************** For the purpose of this disclosure, an official or employee or either the Town of South old or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director, partner, or employee of the applicant or owner c. Legally or beneficially owns or c04trols stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit- whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure ****************************************************************************** YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES x NO 1. Any official New York State __YES x NO 2. Any official or employee of South old Town or Suffolk County? _YES ~NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST . . ~'t,J<~ Nina Leth SIGNATURE Sworn before me this ~ flAAJ1. , . . PETITION NO. PETITION STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF Windham Resources LLC FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOtKCOUNTY, NEW YORK. ................................................. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. Wmdham Resources LLC, residing at c/o Richard Mathew. Esq.. PO Box 1428. Bridgehampton. NY 11932, Suffolk County, New York, the undersigned, is the owner of certain real property situated at Atho' Crescent. Fishers Island , and more particularly bounded and described as follows: 2. Windham Resources. LLC hereby petitions the Town Board of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning classification of property located at Athol Crescent, Fishers Island, New York, and identified as Nos. 1000-9-2-7 and 100-9-2-6.1 on the Suffolk County Tax Map, from R- 80to Hamlet Business. . . 3. Such request is made for the following reason: See Attached Rider ~'w,~. ~. Signature I ~ VONN&c7 i <J.U r STATE OF NE\.'VYCR.l() COUNTY OF 9l:.1rrOLI()' (4 : V f ,'dd.- N iJfJ{f;t W. Le.-I--h . BEING DULY SWORN, deposes and says that he is the petition in the within action; that he has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. ~' W.J.t(h I Jl1allaae~ Signature U ,2002 . . REASONS FOR CHANGE OF ZONE REQUEST ATHOL CRESCENT, FISHERS ISLAND SCTM ## 1000-9-2-6.1 and 7 Windham Resources, LLC, the owner of the above-referenced property, hereby petitions the Southold Town Board for a zone change from R-80 to Hamlet Business for one simple reason- the residential zone is out of character with the surrounding land uses and the proposed use of the property next door. The Anthoine family, principals of Windham Resources, has owned the subject Lot 7 for 42 years, and the subject Lot 6.1 for 25 years, during which time the family has used the property as a summer and occasional weekend residence. During the years of the family's ownership, the surrounding land uses have evolved into primarily commercial and govermnental use. Currently, a U.S. Post Office and a firehouse (constructed in the late 1970s), the offices of the Fishers Island Utility Company, a liquor store, ice cream shop, coffee shop/food store, several gift shops (one that rents bikes), an art gallery, a church and cemetery are in the immediate vicinity ofthe Anthoine property. Given the fuet that the subject lots lie geographically at the center oftown on Fishers Island, the Anthoines have been content to live with the status quo, living with the noise from the commercial activity in town and the traffic of an ever-increasing summer population, as well as Saturday morning car washes at the firehouse, special events, running races and parades that often block access to their driveway. Several years ago, however, The Island Health Project, Inc., began a fundraising campaign to enlarge the doctor's residence and construct a new medical facility next door to the subject lots, changing its use from a residence with an in-home office to that of a health "clinic" to service all of Fishers Island. This intended use of the adjacent property, when coupled with the other surrounding uses aforementioned, has become the "straw that broke the camel's back" in that should it come to fruition, the character of the neighborhood would be overwhelmingly non- residential. Although the Anthoines would like to keep their property as is, they recognize that the quiet enjoyment of it would become more difficult as traffic and noise, particularly the specter of ambulances arriving next door at all hours of the day and night, increase. They wish to maintain the value of their lots and request this zone change to [mally become consistent with the actual uses, surrounding them, and the proposed uses of the property next door. . . SCHEDULE A Description of Property by Metes and Bounds Tax Map # 1000-9-2-6.1 & 7 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of South old, County of Suffolk being more particularly bound and described as follows: BEGINNING at a point on the Southeast comer formed by the intersection of the southerly side of Athol Crescent and the easterly side of Oriental Avenue; RUNNING THENCE along Athol Crescent North 57 degrees, 38' 00" East 478.43 ft to a point and the western side of Crescent Avenue; THENCE South 7 degrees 26' 45" East 220.78 feet toa point and land now or formerly of Charles B. Ferguson & Wife; THENCE South 40 degrees 20' 56" West 156.97 feet along last mentioned land and land now or formerly of Jill Elizabeth Rogan, to a point; THENCE South 25 degrees 54' 58" East 28.93 feet along land now or formerly of Jill Elizabeth Rogan; THENCE South 28 degrees 45' 20" West 27.13 feet along last mentioned land to a point and land now or formerly of Fishers Island Civic Association; THENCE North 66 degrees 29' 40" West 30.95 feet along last mentioned land; THENCE South 77 degrees 45' 30" West 100.89 feet along last mentioned land to a point and land now or formerly ofIsland Health Project, Inc.; THENCE South 52 degrees 16' 40" West 74.67 feet to a point and the easterly side of Oriental Avenue; THENCE along the easterly side of Oriental Avenue North 37 degrees 43' 20" West 263.37 feet to the point or place of Beginning. ,-,-,'1' .'- 14-16-2 (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 e.xpert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full 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: 0 Part 1 0 Part 2 oPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magi tude and importance of each impact, it is reasonably determined by the lead agency that: o 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. o B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions Windham Resources Zoning Change Name of Action Southold Town Board Name of Lead 'Agency . Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency RI.~QJ"~ Signature of Preparer (It ditte ent from responsible otticer) H, \L.1-\ cJ'V' Date 1 , " . PART i-PROJECT INFORM&N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effc on the environment. Please complete the entir.e form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additior 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 invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION Change of Zone LOCATION OF ACTION (Include Street Address, Municipality and County) Athol Crescent, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLICANT/SPONSOR . -..-.-- . TBUSlI'1ESS-TEtEPFiONt-" Windham Resources LLC (631) 537-1984 ADDRESS c/o Richard M. Mathew Eso.. LLC CITY/PO I ST;;: .1 ZIP cODE P.G.Box 1428 Brid ton 11932 NAME OF OWNER (If different) I BUSINESS TELEPHONE Same ( ) ADDRESS CITY/PO I STATE I ZIP CODE DESCRIPTION OF ACTION - <Change of zone from R-80 to HE 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: DUrban Dlndustrial DCommercial I3dResidential (suburban) DForest DAgriculture DOther DRural (non-f 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) W'etland (Freshwater or tidal as per Articles 24, 25 of Eel) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? Nil a. Soil drainage: DWell drained % of site o 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 th, land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes 0No a What is depth to bedrock? (in feet) acres. PRESENTLY AFTER COMPlETIO acres acr acres acr acres acr acres acr acres acr acres acr acres aCi acres aCi DModerately well drained % of site 2 II' , . 5. Approximate percentage of proposed project site with slopes: . N/ADO-l0% 015% or greater % 010-15% % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation Registers of Historic Places? DYes lUNa 7. Is project substantially contiguous to a site listed on the Register of National Natural landmarks? DYes 1XIr- 8. What is the depth of the water table? N/A (in feet) 9. Is site located over a primary, principal, or sole source aquifer? DYes KaNa 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes nNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere, DYes IXINo According to Identify each species 12. Are there ""ny unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation DYes IXINo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area DYes IXINo If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes IXINo 15. Streams within or contiguous to project area: None 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 Nonp 17. Is the site served by -;'xisting public utilities? . DYes DNa a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? b. Size (In acres) DYes DYes DNa DNa 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? DYes IXINo 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 6171 DYes KJNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~o B. Project Description N/A 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped acres d. length of project. in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f Number of off-street parking spaces existing ; proposed g Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; Linear feet of frontage along a public thoroughfare project will occupy isl It length. 3 .,. 2. How much natural material!., rock, earth, etc.) will be removed from! site? 3. Will disturbed areas be reclaimed? DYes DNa J@N/A a. If yes, for what inten<LC: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNa c. Will upper subsoil be stockpiled for reclamation? DYes DNa 4. How many acres of vegetation (trees, shrubs. ground covers) will be removed from site? N/A acres. 5. Will any mature forest (over 100 years old) or other locally.important vegetation be removed by this project? DYes xxNo N/A tons/cubic yards 6. If single phase project: Anticipated period of construction NA 7. If multi-phased: "e- T ~taL"-~rnber ofphases,,"ti.c~pated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? NA DYes DNo Number of jobs generated: during construction NA Number of jobs eliminated by this project Nil Will project require relocation of any projects or facilities? months, (including demolition]. (num~",L_.~._ _ month month DYes year, (including demolition). year. DNo 9. 10. ; after project is complete 11. DYes fiNo If yes. explain _~.__.~_ 12. Is surface liquid waste disposal involved? DYes fiNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. 14. Is subsurface liquid waste disposal involved? DYes ~No Type .~.~.. Will surface area of an existing water body increase or d~cre'a5e by proposal? Explain Is project or any portion of project located in a 100 year flood plain' DYes [&No 15. DYes DNo 16. Will the project generate solid waste? DYes IXINo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes. explain DYes DNo 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. Ii yes, what is the anticipated site life? DYes [JgNo tons/month. years. 18. Will project use herbicides or pesticides' DYes KlNo 19. Will project routinely produce odors (more than one hour per day)? DYes IJ:!No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes ~o 21. Will project result in an increase in energy use? If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity DYes JOtN 0 NA gallons/minute 23 24. Total anticipated water usage per day Does project involve Local, State or Federal funding? If Yes, explain gallons/day. DYes ~No 4 25. Approvals Required: . . . . . ~ .. . , Type Submittal Date City, Town, Village Board GaYes DNo City, Town, Village Planning Board DYes Id!INo City, Town Zoning Board DYes ~No City, County Health Department DYes Id!INo Other Local Agencies DYes Id!INo Other Regional Agencies DYes IllINo State Agencies DYes ~No Federal Agencies DYes ~No -- ~'--'-'-"'-'-----------'-----'-'--'- C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? K]Yes DNo If Yes, indicate decision required: ~zoning amendment Dzoning variance Dspecial use permit Dsubdivision Dsite plan Onew/revision of master plan Dresource management plan Dother 2. What is the zoning c1assification(s)of the site? R AO 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? Hnmlpt Rm:::.inR~s 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? DYes 0 7. What are the predominant land use(s) and zoning classifications within a 1;4 mile radius of proposed action? Comnercial, civic, governmental, residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a V. mile? K1Yes 0 9. If the proposed action is the subdivision of land, how many lots are proposed? NA 3. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? DYes IKI 11. Will the proposed action create a demand for any community provided services (recreation, education, poli fire protection)? DYes XJNo a. If yes, is existing capacity sufficient to handle projected demand' DYes DNo 12 Will the proposed action result in the generation of traffic significantly above present levels? DYes ~i a. If yes, is the existing road network adequate to handle the additional traffic' DYes DNo. D. Informational Details Attach any additional information as may be needed to clarify your proJect. If there are or may be any adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the informa.tion provided above Ii: }~ue to the best of my knowledge. Applicant/S!,lOnsor Name NIIAt( W. Le.f1-.r\ WI IALi lwlL-f E'e5oVvce<i: Uc.. Signature ~ We ~ Title M-qv, Date /2-1;2. /02... If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceed with this assessment. 5 . . VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Re: Elizabeth Neville, Southold Town Clerk Patricia Finnegan, Assistant Town Attorney Valerie Scopaz, Town Planner I ~ Windham Resources, LLC TO: From: Date: January 27, 2003 On reviewing the change of zone petition for the above noted property, I find it to be incomplete for planning review purposes. The material submitted does not explain the public benefit(s) that would accrue as a result of granting this request. Also, the Environmental Assessment form was not completed. The circled items must be answered. . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Attorney Gregory F. Yakaboski Town Planner Valerie Scopaz D Town Clerk Elizabeth A. Neville C'1l/ Change of Zone Application of Windham Resources LLC From: Re: Date: January 8, 2003 Dtu:ti _ \S~ ~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southold town. northfork.net \).~',,; J"'~ D B 21112 ~..... ,". ',...~. Tr"it;'",r.... ~:;( Transmitted herewith please find a copy of the above application change of zone application received by mail on this date. Please review as to completeness and advise me, in writing, if you deem the application as acceptable for submission and acceptance. Thank you. Cc: Supervisor & Southold Town Board . . Richard M. Mathew, Esq. LLC Attorneys at Law Main Street, P. O. Box 1428 Bridgehampton, New York 11932 Richard M. Mathew Tel: (631) 537-1984 Fax: (631) 537-3445 E-mail: RMMathewEsq@aol.com Maxine Hirt Of Counsel 6 January 2003 Ms. Elizabeth A. Neville Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Windham Resources LLC - Change of Zoning Classification Dear Ms. Neville, With regard to the above-referenced matter and further to your letter of December 16th, enclosed please find the following completed documents and material: 1. 4 sets of the completed application and petition including: . cover letter forms . affidavits . project description (attachment to Petition) . metes and bounds description (attachment to Petition) . Environmental Assessment Form . survey 2. 1 copy each of the 2 deeds 3. Windham Resources LLC's check number 1126 in the amount of$I,OOO.OO to cover the filing fee. We have retained the Notice to Adjacent Property Owners and the Proof of Mailing Notice until we are advised by you to proceed, after which we will submit those completed forms. We look forward to hearing from you. In the meantime, should you have any questions, please do not hesitate to contact me. Very truly yours, '{ :h^-" . ~\\1f Richard M. Mathew . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REOUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: Windham Resources LLC (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000--.2.~~.~~ -~~_ District Block 007. 000 and -006 .1 0 0 --- --- Parcel A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 100 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in a accordance with the Section 100 - 292 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/A where not applicable) ~ 1. Four (4) sets ofthe completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. -----'L.. 2. Fee in the amount of $1 ,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. ----'- 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within two hundred (200) feet of all boundaries ofthe property to be amended. x 4. Metes and bounds description of the proposed amendment. . . x 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 157 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): Windham Resources LLC Address: c/o Richard M. Mathew, Esq. LLC P. O. Box 1428 Bridgehampton, Telephone No. 631-537-1984 New York 11932 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership, prepare endorsement at the end of this fonn establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: Address:(if different) Title: Telephone No.: 3. Landowner(s): Windham Resources LLC Title: Nina Leth, Manager Address: Athol Crescent Fisher's Island, New York 11971 Telephone No.: 203-227-2854 4. Name oflicensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: John C. Ehlers Title: Survevor Name of Firm: John C. Ehlers. Land Surveyor Address: 6 East Main Street, Riverhead, New York 11901 Telephone No.: 631-369-8288 5. Name of Attorney, or Agent authorized to represent the propeliy owner and/or applicant: Name: Richard M. Mathew, Esq. LLC Name of Finn: Richard M. Mathew. Esq. Address: P.O. Box 1428 Bridgehampton, Telephone No.: 631-537-1984 Title: LLC New York 11932 . . 6. All cammunicatians with regard to. this applicatian shall be addressed to. the fallawing persan until further natice: Name: Richard M. Mathew, Esq. LLC Address: P. O. Bax 1428 Bridgehamptan, Telephane Na.: 631-537-1984 Title: New Yark 11932 C. SITE/PROJECT DATA: 1. Lacatian afProperty Sautherly Side (nOlih! sauth/ east/west) side camer af Athal (street) Crescent ar road) o feet East (narth/ sa uth/ east/w est) af Oriental Avenue (nearest intersecting street) Fisher's Island (ham let) 2. Existing zaning district(s) R-80 Special Overlay District(s), if applicable 3. Requested zaning district(s) Hamlet Business 4. Lat area:--,?_8~774 sa ft +!- sq. ft ar acres 2.23 ac 5. a. The latest deed(s) describing this parcel(s) is (are) recarded in the Caunty Clerk's Office as fallaws: DATE 6/2/78 12/31/59 LIBER 8437 4750 PAGE 400 530 b. A capy afthe(se) shauld be attached to. the applicatian. 6. There are no. encumbrances ar liens against this land ather than martgages? YES x NO 7. All buildings and structures are shawn an the survey? YES x NO (The Tawn Baard reserves the right to. request a camplete survey shawing all existing structures. ) 8. Existing: Building Area 95,396.4 sq. ft. Lat caverage N! A 9. Please attach a detailcd typewritten descriptian aflhe praject, the propased use and aperatian thereaf, including a detailed explanatian afthe design cancept, the rcasan far thc particular design, abjective aflhe develapcr ar praject spansor and haw ar why the project is (or is nat) in campliancc with thc Town Cadc and thc Master Plan. Explain what benelits will accrue (0 the community by thc proposed rczoning. Doculllcnt reasans . . why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEORA (See Par! 617, NYCRR and Chapter _ of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) No 2. Is the site within any other areas ofreview of the Suffolk County Plam1ing Commission? YES x NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical envirolUl1ental area as per the New York State EnvirolU11ental Quality Review Act (SEQRA) and Chapter _ of the Town Code? YES x NO. If yes, what area? 4. Type I, Type II or Unlisted Action (circle one) An envirolU11ental Assessment fom1 must be completed for Unlisted and Type I actions. 5. Has an EnvirolU11ental Assessment Form or Draft Environmental Impact Statement been prepared? x YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. ~- u),~ APPLICANT'S SIGNATURE Sworn before me this J fJIl ri day of JIJlM itt~7' 20D~. l~lJ1ff,~ NOTARY PUB tIC . . F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State ofN(,v. YOlk Co..... e c-hc IA I- County of S"f1,l1. --r ih , l' ..e.' e.. ~ oL being duly sworn, deposes and says that he/she resides at in the County of and the State of and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle)) of the premises described in the foregoing application and that he/she has authorized to make the foregoing application for amendment and/or change of zone as described here in. Sworn before me this ~/}A d Day of~ 2t1!!5 - lo1d~.ii~~, NOTARYPUBL N I Nit- W. L-Erf-/ NAME ~.'W. J.eh- SIGNATURE W IYlcl ~ t{ 1-4. Re5oL.l.//ce 5 I LLC. If a corporation, name of corporation ~nd ./ Officer's title M ttlilti j e..f!- . . G. DISCLOSURE AFFIDAVIT State onkH York CD"''''' e v../-,.c <A t County ofS~ffolk :f...; r f",-1..d- Windham Resources being by me duly sworn, deposes and says: 1. I am an applicant for a project or an owner of the land which is the subject of a pending application before the Southold Town Board for an1endment and/or change of zone. 2. The project name is: Windham Resources Zone Change 3. I reside at 35 Woods Grove Road Westport, CT 06880 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE Manager Nina Leth 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner x 2. Applicant x 3. Agent for owner or applicant x 4. Attorney x 5. Other . . If the answer to Question 7 is yes, Town Code Chapters _ and _ require that the information be provided below: Name m (Owner, A!!ent, Attorney, other) Amount ****************************************************************************** For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director, partner, or employee of the applicant or owner c. Legally or beneficially owns or c04trols stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit- whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership ofless than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure ****************************************************************************** YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES x NO 1. Any official New York State YES x NO 2. Any official or employee of Southold Town or Suffolk County? _YES ~NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST . . ~_' tJ. /-eJ1-t- Nina Leth SIGNATURE Sworn before me this ~ 'II d , .. . . PETITION NO. PETITION STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF Windham Resources LLC FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. ................................................. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. Windham Resources LLC, residing at c/o Richard Mathew. Esq.. PO Box 1428. Bridgehampton. NY 11932, Suffolk County, New York, the undersigned, is the owner of certain real property situated at Athol Crescent. Fishers Island , and more particularly bounded and described as follows: 2. Windham Resources. LLC hereby petitions the Town Board of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: Change the zoning classification of property located at Athol Crescent, Fishers Island, New York, and identified as Nos. 1000-9-2-7 and 100-9-2-6.1 on the Suffolk County Tax Map, from R- ROto Hamlet Business. . . . . 3. Such request is made for the following reason: See Attached Rider ~ 1 W. Je:t1..-, fftlf!/{ qeR- Signature / J CONNE..cl" c v r STATE OF" NEW) ORK) 58: . . COUNTY OF SUrrOlK) :( A: /K. 1- I i3-L j) N i N l1 VV. L G. ( H . BEING DULY SWORN, deposes and says sC.," s,l.e thatiM is the petition in the within action; that tte has read the foregoing Petition and knows the contents thereof; that the same is true to his (her) own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those mattersShe believes it to be true. ~' ,~ M"-/ /1,-1 lilA-a ,e f<. Signature- . Swom",tqpefore melJ. This ~ day of 'fJA1jIV-, ~002 ~ sO ~ (Hi tt l2t 5--1 r C{ c:{ elA Notary Public . . REASONS FOR CHANGE OF ZONE REQUEST ATHOL CRESCENT, FISHERS ISLAND SCTM ## 1000-9-2-6.1 and 7 Windham Resources, LLC, the owner of the above-referenced property, hereby petitions the Southold Town Board for a zone change from R-80 to Hamlet Business for one simple reason- the residential zone is out of character with the surrounding land uses and the proposed use of the property next door. The Anthoine family, principals of Windham Resources, has owned the subject Lot 7 for 42 years, and the subject Lot 6.1 for 2S years, during which time the family has used the property as a summer and occasional weekend residence. During the years of the family's ownership, the surrounding land uses have evolved into primarily commercial and governmental use. Currently, a U.S. Post Office and a firehouse (constructed in the late I 970s), the offices of the Fishers Island Utility Company, a liquor store, ice cream shop, coffee shop/food store, several gift shops (one that rents bikes), an art gallery, a church and cemetery are in the immediate vicinity of the Anthoine property. Given the fact that the subject lots lie geographically at the center of town on Fishers Island, the Anthoines have been content to live with the status quo, living with the noise from the commercial activity in town and the traffic of an ever-increasing summer population, as well as Saturday morning car washes at the fIrehouse, special events, running races and parades that often block access to their driveway. Several years ago, however, The Island Health Project, Inc., began a fundraising campaign to enlarge the doctor's residence and construct a new medical facility next door to the subject lots, changing its use from a residence with an in-home office to that of a health "clinic" to service all of Fishers Island. This intended use of the adjacent property, when coupled with the other surrounding uses aforementioned, has become the "straw that broke the camel's back" in that should it come to fruition, the character of the neighborhood would be overwhelmingly non- residential. Although the Anthoines would like to keep their property as is, they recognize that the quiet enjoyment of it would become more difficult as traffic and noise, particularly the specter of ambulances arriving next door at all hours ofthe day and night, increase. They wish to maintain the value of their lots and request this zone change to fInally become consistent with the actual uses, surrounding them, and the proposed uses ofthe property next door. . . SCHEDULE A DescriDtion ofProoertv by Metes and Bounds Tax Map # 1000-9-2-6.1 & 7 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fishers Island, Town of South old, County of Suffolk being more particularly bound and described as follows: BEGINNING at a point on the Southeast comer formed by the intersection of the southerly side of Athol Crescent and the easterly side of Oriental Avenue; RUNNING THENCE along Athol Crescent North 57 degrees, 38' 00" East 478.43 ft to a point and the western side of Crescent Avenue; THENCE South 7 degrees 26' 45" East 220.78 feet to a point and land now or formerly of Charles B. Ferguson & Wife; THENCE South 40 degrees 20' 56" West 156.97 feet along last mentioned land and land now or formerly of Jill Elizabeth Rogan, to a point; THENCE South 25 degrees 54' 58" East 28.93 feet along land now or formerly of Jill Elizabeth Rogan; THENCE South 28 degrees 45' 20" West 27.13 feet along last mentioned land to a point and land now or formerly of Fishers Island Civic Association; THENCE North 66 degrees 29' 40" West 30.95 feet along last mentioned land; THENCE South 77 degrees 45' 30" West 100.89 feet along last mentioned land to a point and land now or formerly oflsland Health Project, Inc.; THENCE South 52 degrees 16' 40" West 74.67 feet to a point and the easterly side of Oriental Avenue; THENCE along the easterly side of Oriental Avenue North 37 degrees 43' 20" West 263.37 feet to the point or place of Beginning. <~'L , 14-16-2 (2/87)-7c . . SEQR 617.21 Appendix A State Environmental Quality Review FULL ENVIFlONMENTAL 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 e,xpert in environmental analysis, In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full 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 ot EAF completed for this project: 0 Part 1 0 Part 2 OPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: o 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. o B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' o C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. . A Conditioned Negative Declaration is only valid for Unlisted Actions windham Resources Zoning Change Name of Action Southold Town Board Name of Lead Agency . Print or Type Name of Responsible Officer in Lead Agency Title of ResponSible Officer Signature of Responsible Officer in Lead Agency ~1.Q~l"~ Signature of Preparer (If diffe ent from responsible officer) l~b~d'V" , Date . . PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entir,e form, Parts A through E. Answers to these questions will be considerec as part of the application for approval and may be subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involvE new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif) each instance. NAME OF ACTION Change of Zone LOCATION OF ACTION (Include Street Address, Municipality and County) Athol Crescent, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLlCANTfSPQN$OR I BUSINESS TELEPHONE Windham Resources LLC (631) 537-1984 ADDRESS c/o Richard M. Mathew ESQ. LLC CITY/PO 1ST;;; 1 ZIP COOE P.o. Box 1428. Brid ton 11932 NAME OF OWNER (If different) I BUSINESS TELEPHONE Same ( ) ADDRESS r STATE I ZIP CODE ---- --- CITYJPO - DESCRIPTION OF ACTION - <Change of zone fran R-80 to HB Please Complete Each Question-Indicate N,A. if not applicable A. Site Description Physical setting of overall project. both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial 5iIResidential (suburban) DRural (non-fam Y DForest DAgriculture DOther . 2. tal acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres W'etland (Freshwater or tidal as per Articles 24, 25 of ECl) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 01hat is predominant soil type(s) on project site? Nil U"a. Soil drainage: DWell drained % of ,ite DModerately well drained % of site o Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N' Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes iClNo a. What is depth to bedrock? (in feet) 2 . ',', . . . /9pproximate percentage of proposed project site with slopes N/ADO-10% V, 015% or greater 6. Is project substantially contiguous to, or contain a budding, Site, or dIStrict, lISted on the State or the National Registers of Historic Places? DYes IDNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 4hat is the depth of the water table? N/A (in feet) V9. Is site located over a primary, principal, or sole source aquifer? DYes Ka:No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes IXINo 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) DYes Il(]No Describe % 010-15% % % DYes IXINo DYes XXNo 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes IXINo If yes, explain . 14. Does the present site include scenic views known to be important to the community? DYes IXINo 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: t7 a. Name None 17 Is the site served by existing public utilities? DYes DNo a} If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? b. Size (I nacres) DYes DYes DNo DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? DYes IXINo 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? DYes IDNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes :lQ<N 0 /Jproject Description N/A . 1 hysical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. pfOject acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare project will occupy IS? ft. length 3 'r . . 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site' N/A tons/cubic yards 3. Will disturbed areas be reclaimed' DYes DNo XiaN/A a. If yes, for what intendc~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes DNo c. Will upper subsoil be stockpiled for reclamation? DYes DNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. 5. Will any mature forest (over 100 years old) or other locally.important vegetation be removed by this project? DYes xxNo 6. If single phase project: Anticipated period of construction NA 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? NA DYes DNo 9. Number of jobs generated: during construction NA 10. Number of jobs eliminated by this project ----NA-. 11. Will project require relocation of any projects or facilities? months, (including demolition). (number). month month DYes year, (including demolition). year. DNo ; after project is complete DYes :laNo If yes, explain ~ 12. Is surface liquid waste disposal involved' DYes :fit~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? DYes IKJNo Type 14. Will surface area of an existing water body increase or decre'ase by proposal? DYes !1lNo Explain 15. Is project or any portion of project located in a 100 year flood plain? DYes DNo 16. Will the project generate solid waste' DYes ~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? DYes DNo c. If yes, give name ; location ~ d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain DYes DNo 17. Will the project involve the disposal of solid waste? DYes ~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes ~o 19. Will project routinely produce odors (more than one hour per day)? DYes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes ~o 21. Will project result in an increase in energy use? If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity DYes JOl:No NA gallons/minute. 23. 24. Total anticipated water usage per day Does project Involve Local, State or Federal funding' If Yes, explain gallons/day. DYes lllNo 4 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? K)Yes DNo If Yes, indicate decision required: l:>>zoning amendment Dzoning variance Dspecial use permit Osubdivision Onewfrevision of master plan Dresource management plan Dother 2. What is the zoning c1assification(s)of the site? _ R RO 3. What is the maximum potential development of the site if developed as permitted by the present zoning? .. .. . 25. Approvals Required: City, Town, Village Board City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies . Submittal Date Type 5.lYes DNo DYes ~No DYes QgNo DYes ~No DYes ~No DYes ~No DYes IJINo DYes ~No Dsite plan 4. What is the proposed zoning of the site? Hrtmlpt Rm::::.inpF;S /yWhat is the maximum potential development of the site ,f developed as permitted by the proposed zonmg? Y/;::)s the proposed actIon consistent with the recommended uses m adopted local land use plans? DYes 0~ What are the predominant land use(s) and zonmg clasSifications Within a ~ mile radiUS of proposed action? Commercial, civic, governmental, residential 8. 15 the proposed action compatible with adjoining/surrounding land uses within a V. mile? RlYes D~ 9. If the proposed action is the subdivision of land, how many lots are proposed? NA a. What is the minimum lot size proposed? -- 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? DYes l&Ii 11. Will the proposed action create a demand for any community provided services (recreation, education, pol;, fire protection)? DYes :lUNo a. If yes, is existing capacity sufficient to handle projected demand' DYes DNo 12. Will the proposed action result in the generation of traflic significantly above present levels? DYes [lf~ , a. If yes, is the existing road network adequate to handle the additional traffic? DYes DNo. D~ D. Informational Details Attach any additional information as may be needed to clarify your project If there are or may be any adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/S[lonsor Name '~,Ur' (4)' Le-f-lA I I'vl'u.d l.tAI.I-d?-e .sot,) V"ceS \ LLLDate Signature ~ l,U. ~ Title MClV', ... v /"2. / 2-1Q~2,... If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceed with this assessment. 5 I I , l N W-*E S RADIUS MAP FOR ZONE CHANGE SIlVA TE: FISHERS ISLAND TOHN: SOUTHOLD SUFFOLK COUNTY, NY . 'FI:26~~i,:,@~ FOX ./ '" AVENUE AU0UST 6, 2002 SUFFOLK COUNTY TAX # 1000-<]-2-6.1 1000-<]-2- 1 APPLICANT, lr4indhom Resources, LLC Ms. Nino Leth, Manager 35 V'0ods Grove Rood Hestport, CT 06550 ) / (") ~m ~ f;\ ~ ~ ~~ rn -==== =-=-=---=-_~----o..:.---~_ _ ____ AVENUE -=..=;; q - ~ --------------- H..d."_____ -.-.-.-.-.-.-.-.-.._..._..-.- . -~---"'::":':'------=------.:.-~ SUBJECT PARCEL BCUNDARY DESCRIPTION scale 1"0 100' GRAPHIC SCALE ~ 1"=200' ,-- -- . -I OWNERS LIST TAX MAP No. DEBORAH S. SHILLO 4-6.5 ELIZABETH v-L FURSE' THOMAS -l. HATSON (BUILDING) 4-11.1 HENRY L. FERGUSON MUSEUM INC. 4-11.5 F I REALTY HOLDING CORP 4-14.1 TAD GLENN SPERRY 4-14.2 ELLEN D. HARVEY 4-15 EDHARD T MCELHREATH , LESLIE L. MCELHREA TH 4-16 CONSTANCE HHITE , EDMOND HHITE 4-11 F I UTILITIES CO. INC. (VACANT) 4-16 M. ELIZABETH SAVAGE' -lOHN SN HASLEY (RESIDENCE) 4-1'1 LILLIE M. AHMAN , RICHARD G. AHMAN 4-20 ESTELLA D. PARSONS' -l. LESTER PARSONS III 4-21 LILLIE M. AHMAN , RICHARD G. AHMAN 4-22.1 -lOAN A CHAVES 4-22.2 -lOAN A. CHAVES 4-23 THOMAS SHILLO 5-1 -lAMES R HALL. STEPHANIE HALL 5-2 GRACE H. HARVEY' -lOHN -l. TIGUE JR 5-3 FISHERS ISLAND TELEPHONE CORP. 5-13 RONALD ZANGHETTI , HIFE 5-14 PETER H. ROGAN (RESIDENCE) 5-16.1 ST. -.K)HNS EPISCOPAL CHURCH 1000-'1- 1-26 BARBARA M. GORHAM TRUST 1-2, TALBOT FAMILY LIMITED PARTNERSHIP 2-2.1 ST. JOHN'S EPISCOPAL CHURCH 2-4.1 FISHERS ISLAND FIRE DISTRICT (FIRE HOUSE! 2-5 F I UTILITIES CO. INC. (COMMERCIAL BUILDING) 2-6.1 HINDHAM RESOURCES LLC (VACANT! 2-6.2 ISLAND HEALTH PROJECT INC. (VACANT! 2-, HINDHAM RESOURCES LLC. (RESIDENCE) 2-8 FISHERS ISLAND CIVIC ASSOCIATION 2-'1 JILL ELIZABETH ROGAN (RESIDENCE) 2-10 CHARLES B. FERGUSON' HIFE (BUILDING) 2-12.1 FISHERS ISLAND UNION CHAPEL SOCIETY 4-1 BERIT H. HUSEBY, KRISTIN F. HUSEBY, ROBERT N. HUSEBY , ROBERT N. HUSEBY JR 4-2 ROBERT H. PARSONS' SUZANNE H. PARSONS (RESIDENCE) 4-3 JOANNE MONTGOMERY BURR (COMMERCIAL BUILDING) 4-4 CANIO A. TOGLlA (BUILDING) 4-5 ALLISON D. SARGENT' THOMAS A SARGENT (COMMERCIAL BUILDING) 4-6 ROBERT N. HUSEBY (RESIDENCE) 4-, HENRY L. FERGUSON MUSEUM INC. 4-8.2 NOTE: ITEMS IN PARENTHESIS INDICATE BUILDING TYPE 'i~,"'1c~~ ~~ .,..... ~ ",.", ~::: }:~:)::::/}1 laM: Rr:~SJRIGT ~ ZONE DI:.TRIGT ~ R-OO ""~"""'Bda.,BcmlO'D,=a1t"""tDa""(VB~ ""'p """"y" ,"""""''' 1<.", O"'-~"YO"~ .~", '." V'Olc';oco"B""0"120<l,;l.O-alvl.;0<'2.0'lhoe Ne~ YO,k 5l0'e EOVGol,Q" L"". JAH 09 2002 1m"''''''''''1 'C.LLCLL~LLLLLLLLLLLLLLL ZONE DISTRICT mmtttmmmmm B .eLLLLLLLLLLLLLLLLLLLLLL LL~~LLLLLLLLLLLLLLLLLL 'Qc'y "=",,,,rcoo> '''''M')'OO'C'' ,"""''''8~ MQr""""lthc>ooc'9'oO'''' ''''' ''''''',,'''e.pc'. ,1""""M """, _" be ,.on,;\o8;..d '0 "" ~"M lc"" cop'''''' 'Ithf).!dfQVill ~ ZONE DISTRICT IIIII!IIIlIIII! HB '(...cl~;wllo". ",d'"''-e''''''c''CW>''''T''~th''' 'hi. ,...,,~,,~ ~"" pcepa.-ed In <>0<0<<1<7'<" ,"~h 'M e~ ;"'"'g,""""dP,oeol"efa<L"","Sv(vey""aOOi'''' ""o"......y~C<."""8A"=k""""uf Profe",,,,"',,, -'nM'....~8".,c; """d'erU'w'''....,''''",.''',,",y .o'hB"",..o"'''r...co=.lh'',,"(v''~'''Pc''pO'M ,,""="'~""ho"tcl""m"'''''m''''''Y,g''''..-"'''e"- "" a9""c~ <>-.d 'B""''') ,""'''''''0<> If."''' here",,:., .""" ,,,'hBa;,,'Cf'E""Dflhele""",,,,,,"tt,Uoo.'-e'"'oc,,- lton,;a<8no'tron,;'","""'let"="""",.,,,tIlo",,", ~ j .. ~ t . 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Hp server\d\PROS\01-134RADA.pro i"i'~/=2 3,'~.""P", ''" ...,_~""_,,,"..-...(),,' CQ