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Home My WebLink AboutFITF, LLC 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED AcnONS Only --r --G ~~ PART I-PROJECT INFORMAnON (To be completed by Applicant OR Project) Page 1 of 2 1. APPUCANT /SPONSOR: Southold Town Board 12 PROJECT NAME' v~''.7J'~'f .,:c,.,.. ,.,.... . . fIT_F:t.L'- 3. PROJECT LOCAnON: 'St.,.. "Ol..\,;. Munldpallty: F;&~,s. }:6\..."b I So,,",""'Ol..~ ""\o....N County: 4. PRECISE LOCATION: (Street address and road Intersections, prominent landmarks, etc, or provide map) 'X.TM.....I...... - 9-'0- 2- ~<!,("ollZ. ~~ ~ <;; I.CI Eel Co.~ I ""$01...,0;. ):...\_~. ~O~. Soo' -C,....... . '''.....rc.\,l''f'oo .{ ~&f<oo;n. ~~ t.O,,,-n,,o\,, 't><;-J.( . 5. IS PROPOSED AcnON: I:'5l New 0 expansion 0 Modification 6. DESCRIBE PROJECT BRIEFL V: o. o-C ~,2<j \;4:rt\ o~" '>'T"""-f o.~"\...;>,.\",, ..~ .;I,'1-",crH C\C'~e 1"'<c..\ . 7. AMOUNT OF LAND AFFECTED: ~.'t- . INITALLY :;I.Llt acres ULTIMATELY acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes 0 No if No, describe btieffy r;~W~~T IS PRESEN~ LAND ~SE I~ VICI~ITY OF, P~~J~CT7 . ._~--_._---~._~.~_._-~~--- '"" f':~"'r.. "!>oW ,J'X d ,n ,D dt,rJ _, rJ Park/Forest/Open space Other I Resi entia Commercia In us ria Agncu ture 'f"tr''1 Describe: i i ='~~-~~~~--,.~~-~._, ..~---~~ , ! 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL I I AGENCY (FEDERAL, STATE OR LOCAL)? I fA Yes rJ, No if yes, list agency(s) and pemlil/appmva/s ~_:."'~ ~...c\~..,.~....Q . --~'-~~-'-~-~~--"~'~~~-~---~'-------~~ 111: DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAliD PERMIT OR APPROVAL? , I L' Yes I7l- No if yes;. list agency(s) and permit/approvals ! _.,~-~~-~,-~."--~.~~-~~-_...~--~.~~-~.~-~-~---~-,~-~--~._..._~"-_._-_..__._._._----_..~_.- l- i 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ir fji l Yes No r~--~'-'h.~_._~_._~_~.~.__.~_~__~~ ..__~~_"____.__~._~.____~___.~~,;_ _,~~~,___~~ _.__.~~"~_~~"_.___ i I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE i j j I I , I j Applicant/sponsor Name: I ; ! Signature < 0__,.1 "''''L\ t'..~. Co~ Date.J/~_ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART U-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 o Yesfj No If)'eS coordinate the review process and use the wli EAF B. WILL ACTION RECEIVE COORDINATED RMEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 o yeslil No If no, a negative declaration may be suspended by another Involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air qualltyf surface or groundwater quality or quantity, noise levels, existing traffic pattems solid waste production or djSPOlSl~potentlal for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic! agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: \-)0 0. Vegetation or fauna fishes shellfish, or wildllfe species, significant habitats, or threatened or endangered spedes? explain briefly: tJ" C4. A community's existing plans or goals as offldaUy adopted, or change In use or Intensity of use of land or other natural resources? Expla~:ieflY: CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly; ~/J C6. LifDterm, short tenTI, cumulative, or other effects not identified In Cl.C5? Explain briefly: C7. Other 'impacts (lnduding changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABUSHMENT OF A CEA? o Yes()i1 No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? n ~ Yes No -"~~._.~-~,.~.~~~.......................,~ PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS; For each adverse effect identified above, detennine whether it is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); probability of occurring; (c) duration; (dO Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show that aU relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. -..........~~-~~ n Check this box if you have identified one or more potentially large or significant adverse impacts, whidl may occur. Then proceed directly to the fULL ENVIRONMETNAl ASSESSMENT FORM and/or prepare a positive dedaration. Check this box if you have detennined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND proVide on attachments as necessary, the reasons supporting this detenn~tion; -:-:::. \ ~"'"''"'O'''t> ,ow1\,) ~O'C2.( Name of ~Agency Signat nt from of responsible officer) f"'?' s l_~ RE: F.I. MTG. 8/9/0'6 P.H..'s 1:45PM & 1:50PM '" Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs A venue) Southold, New York MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold. NY II 971 -0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Elizabeth A. Neville, Town Clerk -111.5 FROM: Melissa Spiro, Land Preservation Coordinator RE: Open Space Fee Title Purchase Property of FITF, LLC SCTM# 1000-9-8-2, Fishers Island & Zone Change Application plo SCTM# 1000-9-8-2 and SCTM# 1000-9-8-3.4 DATE: August 2, 2006 The Southold Land Preservation Committee is undergoing the process to acquire part of SCTM# 1000-9-8-2. The Town Board public hearing is scheduled for August 9, 2006. In addition, the Town Board has scheduled a public hearing to change the MIl portion of SCTM# 1000-9-8-2 to R-40 and to change the zoning designation of the adjacent parcel (SCTM# 1000-9-8-3.4) from MIl to R-40. The Town Board public hearing for the change of zone is also scheduled for August 9, 2006. Please find the following information in regard to the above-mentioned applications: 1. The total area of SCTM# 1000-9-8-2 is approximately 3.29:1:: acres. The lot is split zoned, with approximately 2.4:1: acres located within the Low Density Residential (R-80) Zoning District and approximately 0.89:1:: acres located within the Marine II (MIl) Zoning District. , 2. SCTM# 1000-9-S-2 contains upland, rocky beach, land within the Coastal Erosion Hazard Line, tidal wetlands and an existing building and dilapidated dock (both on the MIl zoned area.) 3. The MIl zoned property on SCTM# 1000-9-S-2 was used around 20 years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and remediation to remove contaminated soil is underway. The landowner has supplied the Land Preservation Department with extensive environmental reports, including a Phase II ESA. Please contact the Land Preservation Department if you would like copies of this information. 4. The Town purchase for Open Space purposes on SCTM#1000-9-S-2 involves the 2.4:1: acre R-SO portion of the property. The Town's acquisition will include all of the existing R-SO zoned property in addition to any land shown on the survey as "cobble beach" that may be located within the MIl zoning district. 5. The landowner has accepted the Town's offer and has signed a contract of sale (attached). Upon a Town Board resolution electing to purchase the property, the Supervisor will be authorized to sign the contract, resulting in a fully executed contract. The Contract is subject to and contingent on several conditions, including, but not limited to subdivision, ZBA variances, the re-zoning, and restrictions on the future residential structure to be located on what is now the MIl portion of SCTM# 1000-9-S-2. The Rider is attached to the contract and should be referred to in regard to the conditions of purchase. 6. The total area of SCTM # 9-S-3.4 is approximately 0.44 acres. There is an existing residential structure on this property. This property is involved in the zone change application only, and is not involved in the Town's preservation purchase. I have attached the following for informational purposes: · Copy of the Contract and Rider described above · Copy of a survey dated 5/15/06 for SCTM# 1000-9-S-2 (3 copies were delivered to your office under separate cover) · Copy of an aerial (2004) showing both properties and the zoning designations (multiple copies attached for distribution purposes). Please feel free to contact me if you have any questions or require any additional information. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 2, 2006 Re: Resolution No. 644-2006 regarding proposed Local Law in relation to the rezoning on the Town Board's own motion of parcels 1000-9-8-2 & 1000-9-8-3.4 on Fishers Island. Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on July 25, 2006 adopted the above resolution. Certified copy of same is enclosed, together with all pertinent documents relating to this proposed local law. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearings are 1:45 & I :50 PM, Tuesday, August 9, 2006 on Fishers Island. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~O~ Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 2, 2006 Re; Resolution No. 644-2006 regarding proposed Local Law in relation to the rezoning on the Town Board's own motion of parcels 1000-9-8-2 & 1000-9-8-3.4 on Fishers Island. Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles, The Southold Town Board at their regular meeting held on July 25, 2006 adopted the above resolution. Certified copy of same is enclosed, together with all pertinent documents relating to this proposed local law. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public hearings are 1:45 & 1;50 PM, Tuesday, August 9, 2006 on Fishers Island. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~--~d--l-O~ -;i~I?e;:~~eville Southold Town Clerk Enclosures cc; Town Board Town Attorney Town of Southold - Letter Board Meeting of July 25, 2006 ~ . RESOLUTION 2006-644 ADOPTED Item # 27 DOC 10: 2049 TIDS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-644 WAS ADOPTED AT THE REGULAR MEETING OF mE SOUTHOLD TOWN BOARD ON JULY 25, 2006: WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by the Land Preservation Committee with a plan to preserve 2.4:!: acres of waterfront land on Fishers Island in the R-80 zone identified as a portion ofSCTM #1000-9-8-2; and WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-I1; and WHEREAS, in connection with this preservation opportunity it has been proposed that the Town rezone the remaining portion ofSCTM #1000-9-8-2 as well as SCTM #1000-9-8-3.4 from M-I1 to R-40; and WHEREAS, rezoning of the subject sites as residential is consistent with the existing and surrounding uses of the properties and the neighborhood; and it is therefore RESOLVED, that the Town Board of the Town of South old is considering the change ofzone of the remaining portion ofSCTM #1000-9-8-2 that is not to be preserved as well as SCTM #1000-9-8-3.4 from M-I1 to R-40 on its own motion; and it is further RESOLVED, that the Town Board of the Town of South old requests the Planning Board to prepare a report and recommendations on the proposed rezoning; and it is further RESOLVED, that the Town Board authorizes the Supervisor to retain the services of L.K. McLean Associates to perform a SEQRA review on the proposed zone changes; and it is further Generated July 26, 2006 Page 34 Town of Southold - Letter Board Meeting of July 25, 2006 RESOLVED, that the Town Clerk of the Town of Southold is directed to fOIWard the matter to the Suffolk County Planning Commission for review and recommendation; and it is further RESOLVED, that pursuant to the requirements ofNYS Town Law and the Code of the Town of Southold, Suffolk County, N ew York, the Town Board of the Town of Southold will hold a public heariD!!: on a proposed Local Law entitled "A Local Law to amend the ZoniD!!: Map of the Town of Southold bv Chanl!:in!!: the ZoniD!!: Desimation of that portion of SCTM #1000-9-8-2 presentlv zoned as M-II. as well as SCTM #1000-9-8-3.4. from M-II to R-40" at the Fishers Island School, Winthrop Drive, Fishers Island, New York, at I :45 p.m. on August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwe\ling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The rezonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. ~~_.;tL Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED (UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans Generated July 26, 2006 Page 35 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the requirements ofNYS Town Law and the Code of the Town of South old, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearine: on a proposed Local Law entitled "A Local Law to amend the Zonine: Map of the Town of South old bv Chanl!ine: the Zonine: Desie:nation of that portion of SCTM #1000-9-8-2 presentlv zoned as M-I1. as well as SCTM #1000-9-8-3.4. from M-I1 to R-40" at the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The rezonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. Dated: July 25, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 27. 2006. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Town Attorney New London Day Land Preservation Town Board Members Town Clerk's Bulletin Board LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. Au!!ust 9. 2006. at 1:50 p.m.. Fishers Island SchooL Winthrop Drive. Fishers Island. New York as the time and place for a public hearin!! for the purchase of open space on propertv owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately :l:2.4 acre (subject to survey) of the :l:3.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining :l:0.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. SCHEDULE A f<PPROX. COOTAL EROSION HAZARD L.INE PERca.o.sTALrnOSlOHHAZARlI~UAP TOM<lOfSOUfl1Olll;SUITOlJ(COUNtY NEW YOll~; PMOTO NO. 41-1185-113 stiEET49-flOf411;8/2'lI/1IIl lOT 1 "/F UNION FREE SCHOOl DISTRICT --, ~~ ,.. ""'.= ADlAINJ..IQ ZDm l~IQ.PT. ....A<DII __of CeIIlIIIIr1IIbt.aa.d.LiaI- _.... '\ FISHERS ISLAND SOUND G ~EI ~ ~ ~ - ~ SILVER EEL COVE ~ QI..WJ1Y CONTROL CERllF1CATlON ~ ,,~ -.a:r_ "'_ - - - - - FILE J I ) \ \ . '" - '" ~ "/F CHRISTOPHER L. RAf'F'ERTY \ \ ~/-- ----- "/F .EANNE A. IAA Y MAR1H~1. UTCH I /' /' ----- /' "/F 'MLUAM H. WOOO, .It LOTJ.4 "/F JANE HARVEY &. QlARlES CURTIS --- --. _.~ \ /' \:/ \ \ "/F JANET H. HARVEY a:: R. DIXON H. HARVEY, JR. /' , , ~ "/F HR"'~ F'., Iol000V III \ \ \ \ /' , , , "/F WIWAIA WOOD \ \ -~ lOCAllON MAP SCALE 1"-400' l"i / /('1;;1 V 'i~, v~ /1 > I · !o/l ,- . ~ '14;' , 1 1'/ / ~: NYSDEC.A.IIlSllICTICIIlOI..IllIWI'l' ASDEJERloINEDSYMY5DEC,/1Il/01 ~ \ \ \ ~\, \ \\ ") ,,'\\ " ", ~ "",~ ",\ :K~'~ APprOx.lJIMl'SOF~.,f."''';;'''''il ~,~a:l "':~~.<'il"': "~.~ ~-= ~~-.,- ,,^""', / I /:1' I"'~ \~~ , " '\.'" '" "'. ~. -- I.) Sll'Ef'I..Nl PflEPNlED FOR CAAOl'ltf J. DOHERTY; fIESERVOIRRONl; F1SHm !Sl...OI<<l, N[W YORK: OATE' t.Iol.RCH n, 2001: satE, ,..4(1'; SHEC'"lOFI:ctWClU:R.PIil€Il..t<ING;NClRWICH,CT. '0":; W;}b~~Nff"'Y~~,.;.('ftOFTHJ:.t:r$~PO~~m AGREtOf08ET'IlEENTHECI..IDITAHDTHESURVEYORElU:EEOSTHESCOPE O/'TIIEEHG.IaWENT. 2..)" ~"'o'lOlAllON or THE ST"lE [JllJCo\TlOH LAW fCII Nfr PERSOO, \.INI..E!i5ACTlNGI.INDERMOIAECTlONOFAUCEHSEDlANDSURVEYOR,TO ......TEliN(lfDIlNNt'fW1lY ~~~~~~~~~t:t:~ Of'THElNIDSIJRYEYOR,. 4.)~TEIlI:5TN<<:ESNIE~OfftONU.s.CQt,SfNfO CEOOETICSlMYEYtRIl.HQA.ATlDN STATION "PRDS"' 5.) SlfEISlNTl€lOWNOf'SOVfHDl.O,COUN1YOf'SUFf'OU(TAX WI' lOOD,SECTlOMODll,8LOCK8,LOT2. s.)NlE'AOWHED BYflTf. u.c _ 3.JOt: ICRES. ...... NIF NOWOf/IfOIlWEIILY S ......"" ~ m ~9ClU1"f[[f ~ ~ ~ ~ ~ ~ ~~ e It:ci ~I ~ ~~ ~ ~ . q . > . ~ . . " . o m I ~H II r ~ ~ DATE: SCALE, ~{ 05/15/2006 1~ _ 40' ~ SHEET 1 OF 1 SOUTHOLD TOWN BOARD PUBLIC HEARING August 9, 2006 COUNCILMAN WICKHAM: This is a public hearing at which any member of the public is entitled and welcome to join and address the Town Board on the subject that I will read as follows.: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. AUl!nst 9. 2006. at 1:50 v,m,. Fishers Island School. Winthrov Drive. Fishers Island. New York as the time and vlace for a vnblic hearinl! for the vnrchase of oven svace on vrovertv owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately x2.4 acre (subject to survey) of the x3.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining xO.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase ofthe acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. SUPERVISOR RUSSELL: At this time, would anybody like to come up and address the Town Board on this public hearing? Melissa Spiro the Land Preservation Coordinator. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. There are two hearings today. One is in regard to the FITF property for the open space purposes and the other is in regard to zone changes. This purchase hearing is now on the land acquisition. It is a fairly complicated but I believe a significant open space purchase on Fishers Island. The property involved in the land preservation application is owned by FITF, LLC of which Dixon Harvey is one of the owners. I have been working with Dixon, so I am going to refer to this as either the Dixon or the Harvey property. The total area of the Harvey property is approximately 3.29 acres. The lot is split zoned, approximately 2.4 acres located on the north side in the R-80 zoning district and approximately .9 acres in the M-II district. That property is on the south side ofthe property. The Harvey property contains uplands, rocky beach, land within the coastal erosion hazard line, tidal wetlands and an existing building and a dilapidated or somewhat dilapidated dock. Both the building and the dock are located in the M-II zoned area. The M-II zoned portion of the property was used years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and remediation to remove contaminated soil is under way. The land owner has supplied the Land Preservation Department with extensive environmental reports including a phase II environmental site assessment. The Town open space purchase involves the 2.4 acre R-80 zoned portion of the property only. The Town's acquisition will include all of the existing R-80 zoned property in addition to any land shown on the survey as a 'cobble beach', the beach area sticking out into the harbor. The open space purchase does not involve the currently M II zoned portion of the property. The Land Preservation Committee commissioned an appraisal for the residential portion of the property and made an offer to Dixon Harvey to purchase the property under the Town's Land Preservation Program for open space purposes. Dixon made a counter offer back to the Town which was slightly unusual and also slightly lower than the Town's offer and the Town accepted his offer. The purchase price is $770,000 which is below the fair market value of the property and is thus considered a bargain sale. A contract has been signed by the landowners and is pending Town Board resolution for the Town Board to sign and execute the contract. The contract is subject to and contingent on several conditions and I will briefly explain these conditions: Since the Town is purchasing only a portion of the property, the existing R-80 zoned area, this portion needs to be separated from the existing M-II zoned portion of the property. This requires subdivision approval from the Town's Planning Board. The preservation acquisition is therefore subject to subdivision approval. The lots within the proposed subdivision do not meet the minimum lot area requirements of the zoning code once unbuildable lands are excluded. Therefore, in order for the subdivision to proceed, an area variance from the Zoning Board of Appeals will be necessary. So the land preservation application is subject to ZBA approvals. The subdivision process and perhaps the ZBA process will require other approvals, such as Health Department, DEC etc. So the preservation acquisition is subject to all those other agency approvals. During negotiations with Dixon in regard to the preservation acquisition, the Land Preservation Committee had concerns about what was going to occur on the M-II portion left out of the preservation acquisition. Dixon and his family volunteered some restrictions on future use ofthe property: There is an existing building on the M-II zoned portion of the property. It was agreed that any future residential use of the property would not exceed 1,296 square feet, the size of the footprint of the existing building. Relocation will be allowed, but the structure will not be allowed to exceed the 1,296 square feet. An attached open, covered porch will be allowed in addition to the 1,296 square foot footprint however, it will not be allowed to exceed the 10 foot by 35 foot in area. In addition, any second story will be reduced in size by the square footage applied to the covered porch. The height of the dwelling will be limited to 28 feet at the peale No detached accessory structures will be permitted on the property. There is an existing dilapidated dock on the property. The existing dock may be reconstructed and altered in accordance with regulatory permits but will be limited to 4 private residential slips and will not be used for commercial purposes. In light of the land preservation application and all of the conditions volunteered for future use of the M-II zoned portion of the property, it became apparent that the M-II zoned portion of the property should be rezoned to a residential zone. The zone change hearing after this hearing involves the zone change of the M-II portion of the property I have been discussing from M-II to R-40 in addition to a zone change from M-II to R-40 on the separate adjacent property to the south. There is also a separate parcel that is also owned by the Harvey family and that is also zoned M-II, that is adjacent to that, it has an additional house on it; that parcel is also subject to the hearing, the next hearing. The aerial map up front, I don't know if you can all see it from where you are but it shows the zoning code parcels and the other map shows the land acquisition. The Land Preservation Committee reviewed all of the conditions and was in favor of proceeding with the preservation application subject to the conditions. The restrictions in regard to the future house and dock will be recorded within a Declaration of Covenants and Restrictions for the portion of the property not involved in the preservation acquisition. The way this is set up, the land preservation acquisition will not occur until all conditions are met. So, like I said earlier, this is a fairly complicated acquisition as the land preservation acquisition is subject to all of these but I have faith that it will all be able to be worked out and we will come to completion with them. The Town will be using Committee Preservation funds to acquire the property. Once acquired, the use of the property will be limited to passive recreation uses in a manner consistent with the environmentally sensitive nature of the property. We have to work out all of the details, but it is likely that stewardship and management of the property will be funded by the Community Preservation Fund and a stewardship agreement will be developed between the Town and the Ferguson Museum. A management plan for the property will be developed with museum involvement. The Committee and I both feel that this is a significant preservation acquisition for Fishers Island. You all know Fishers Island much better than I do but I do know that this property is extremely visible to all entering the island via the ferry. Preservation will ensure that a house is never built at the entrance to Fishers Island and will allow for passive recreational use of this property. I thank the landowners, who are all here and sitting in different places in the audience, for participating in the Town's preservation efforts and I look forward to working with them to complete all the necessary steps in a timely manner. Both the Committee and I recommend that the Town Board proceed with passing a resolution to purchase this significant property. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on the acquisition? PAT MOORE: Good afternoon, Patricia Moore, I am the attorney that came on board and I thank you for the opportunity to come before this Board. I represent Mr. Dixon Harvey and the LLC and it has been a really challenging application, I know that it is going to take a group effort of municipal and owner cooperation. I feel that my job is going to be to move papers along very quickly because we all have the goal of completing the task within a certain period of months. That, we want to thank Melissa, her creativity and the Board's willingness to be creative with respect to this acquisition is making this possible and I think overall it is going to be a very worthwhile project. I thank you and I hope that if the Zoning Board (inaudible) I know Mr. Harvey is certainly available and can show them the property. Thank you. PETER BURR: My name is Peter Burr, I am a member of the Land Preservation Committee of the Town, I am also the coordinator for Fishers Island. Ijust wanted to re- state what you just said previously. I have worked very closely with Melissa and the Committee and this is our first access to the Community Preservation Fund. It is a tremendous situation and we are very grateful for the Board's support, very grateful for the Committee's support and all of the Town, we have 100 % cooperation. So we thank you on behalf of Fishers Island. SUPERVISOR RUSSELL: Thank you, Mr. Burr. Would anyone else like to comment on this acquisition? (No response) Hearing none, can I get a motion? * * * * * ~;'bdOI)Mj:i) ~~ Nevilll--~ Southold Town Clerk I . Town of South old - Letter ( . ( . ..J. ---~ Board Meeting of August 9, 2006 RESOLUTION 2006-686 ADOPTED Item # 3 DOC ID: 2074 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-686 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9, 2006: WHEREAS, the Town Board of the Town of South old held a public hearing on the question of the purchase of the property owned by FITF, LLC on this 9th day of August, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM # I 000-9-8-2 and is located on Reservoir Road at Silver Eel Cove, Fishers Island, New York, approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island; and WHEREAS, the open space acquisition is for fee title of approximately ~2.4 acres (subject to survllY) of the ~3.29 acre parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R- 40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property; and WHEREAS, this property has been offered for sale below fair market value to the Town of Southold as open space waterfront property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its exceptional scenic value, undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; and Generated August 15, 2006 Page 5 Tow., of Southold - Lett. BO.Meetlng of August 9, 2006 WHEREAS, the proposed a<:tion has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the L WRP Coordinator hail detennined that this action is consistent with the L WRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have detennined than no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and :ecommends that the TOWIl Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subje:t property for the purpose of the preservation and protection of open space, scenic values, undl:veloped beachlands and shorelines; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community PreseJ:vation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned by FITF, LLC. Said property is identified as part of SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title of approximatel.y :1:2.4 acres (subject to survey) of the :1:3.29 acre parcel that is located within the R-80 zoning district and is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R-40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale as the purchase price is below fair market value. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 {Community Preservation Fund) of the Town Code. Uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive natJre of the property. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has detennined that this actic-n is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold,_ Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. ~~~'(.l.. Elizabeth A. Neville Southold Town Clerk Generated August 15, 2006 Page 6 .-, "'i'"'~'U;" I . Town of Southold - Letter . Board Meeting of August 9, 2006 RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SEC'ONDER:Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated August 15, 2006 Page 7 Town of Southold - Lette. (\ (' . +llz Boa eeting of August 9, 2006 RESOLUTION 2006-685 ADOPTED Item # 2 DOC 10: 2073 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-685 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 9, 2006: WHEREAS, the Town Board of the Town of South old wishes to purchase property owned by FITF, LLC for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 zoning district. The proposed acquisition is for fee title for approximately 0102.4 acres of the 0103.29 acre (subject to survey) parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R- 40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property; and WHEREAS, the portion of the property that has been offered for sale to the Town of South old is open space waterfront property. The property is listed on the Town's 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The property is to be purchased for the purpose of the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further Generated August 15, 2006 Page 3 Town of Southold - Leu' Bo.lMeeting of August 9,2006 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for tins action. ~~~'tL. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated August 15, 2006 Page 4 . . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTIONS Only .~~C/t:s PART I-PROJECT INFORMAnON (To be completed by Applicant OR Project) Page 1 of 2 u 1. APPUCANT ISPONSOR: Southold Town Board 12 PROJECT NAME' vY"" ?j"" '':<,......;....... . . flTF:c..I.'- 3. PROJECT LOCAnON: 'Su.."o~'" Munldpality: F'''h<.rs. 1:{,\"'1\~1 SoV"l""'oc,> -r-O'-ON County: 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks[ etc, or provide map) 'X-TM-Iooo. 9. s- '- f-"."r.oilZ. ~c\ ~ S; \... Gd Co.e ",.I..r." J:.s\-.!i. , tWo.,::. 500' ~,,,,,,, . \,^~fS"c~\~ ..( ~&<r.D;1\. ~e. t.O,,,-n..ol" ""t>d~ . s. IS PROPOSED ACTION: l'5l New 0 Expansion 0 Modification 6. DESCRIBE PROJECT BRIEFLY: .;l.'l~",.o. O.{: \';'-"'""'\ o'j'C 1\ '}r"'<.f o.~".....;l,.\_ ok- ~.2." "... l"'"..\. 7. AMOUNT OF LAND AFFECTED: ... . INITALLY ~,"''l:: acres ULTIMA TEL Y ;l.'1 - acres 8. WILL PROPOSED ACTION COMPLY WITH EXIS11NG ZONING OR OTHER EXIS11NG LAND USE RESTRICTIONS? ['i/) D No if No~ describe briefly Yes ^ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? f;.wrc. "Y..'c:,.,..c\; 1'5l' r D r r Park/Forest/Open space "" Other Residential Commercial Industrial Agriculture ~t(l,/ Desoibe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? f;Z r. Yes No If yes, list agel/ey(s) and pemllt,lapprovals ""\0100'\ ~.~~ Q~1\)"'~. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? r f7l No if yes, list agency(s) and permit/approvals Yes --._~-------~.- 12. AS RESULT OF PROPOSED ACTION WILL EXIS11NG PERMIT/APPROVAL REQUIRE MODIFICATION? D ry Yes No ---- - ----~--._.- -----~~---- "~-- ---...-- --..--- --_.._~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE cill?_.-1CU"!-I,1'r< ~~Il{\._~_ Date x/3/2~ Applicant/sponsor' Name:~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment . . . . PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 D Yes fil No If yes coordinate the review process and use the full EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 D Yes ~ No If nOI a negadve decJaration may be suspended by another Involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns soUd waste production or djSPOS~I~otential for erosion, drainage or flooding problem? Explain briefly: O. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: 1\)0 C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: tv.. C4. A community's existing plans or goals as offidally adopted, or change in use or intensity of use of land or other natural resources? ExPla:cr:iefly: CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: /Jtl C6. LifD term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? n Yes ~ No M._. ~ '"" -~ E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? n ~ y" No l~~..__~,___,_~~_,_,~_ -"--~'"'-~~'-~~~~'~~~~"-'-"""-'~~="'-'~'~~~=---.~~~~~~""'--'~~'~~-,,-~~--~~.- r PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) 1 INSTRUCTIONS: For each adverse effect identjfied above, determine whether it is substantial, large, or otherwise significant. Each effect should i be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; I and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffiCient detail to show I that all relevant adverse impacts have been identifi.le. d and a.dequatelY addre. ssed. If question 0 of part 1.1. was checke.d. yes, the determination. and I I significan~e must~v~luate th~~otentialimpactof the proposed action o~the en~i~?nrT1ental char~ct~~jstics ?f the C~. ... ...... .m '. '_..., ! n Check this box jf you have identified one or more potentially large or significant adverse impacts, which may occur. Then I . . proceed directly to the FULL ENVIRONMETNAI. ASSESSMENT FORM and/or prepare a positive declaration. I ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, I . that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments l as necessary, the reasons supporting this determ~tion: ~ ( 1 ~t.n'"'O\.t> 'O\.IJ~ ~O,a.<.\ Name of ~ Agency ~O~ S ,-,~.e1"V'~o('L. Title of Res onsible Officer I I __J nt from of responsible officer) . LEGAL NOTICE. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Wednesdav. AUl!ust 9.2006. at 1:50 p.m.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public hearinl!. for the purchase of open space on propertv owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately 0102.4 acre (subject to survey) of the 0103.29 acre parcel that is located within the R -80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining 0100.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. . . FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and maybe examined by any interested person during business hours. Dated: JULY 25, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 3. 2006. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the \ day Of~ 2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. FIFT, LLC Public Hearing August 9, 2006 I :50 pm C!~~~<zL) ~u.~ izabeth A. Neville Southold Town Clerk 2006. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk Count}' Term Expires March 8, 20~ Town of Southold - Lettee tt I :' ( Bee Meett~~';tj~IY 25, 2006 RESOLUTION 2006-645 ADOPTED Item # 28 DOC ID: 2044 TillS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-645 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 25, 2006: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. AUl!ust 9. 2006. at 1:50 p.m.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public hearinl! for the purchase of open space on propertv owned bv F1TF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately :1:2.4 acre (subject to survey) of the :1:3.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining :1:0.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beacWand and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, Generated July 26, 2006 Page 36 Town of Southold - Lett' Bid Meeting of July 25, 2006 preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer c,fDevelopment Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ~(lQm'tL. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans Generated July 26, 2006 Page 37 . LOT 1 "/F UNION FREE SCHoa.. DISTRICT --, . I ) SCHEDULE A ~ FISHERS ISLAND SOUND ~ ~ Q'.W.l1Y CONTROl CERllfICAT10N ..... ,,~ -..:cr_ "-_ - - - - - FlU! € ~ SILVER EEL COVE \ \ "'~ -~ "- , " 1MIDEC.MlISIlC'lIOfW.fIClllICWlY o'SOCJERt.INED1JY1ft'SOEC1/111{Ol NIP ......= oUMDf....mNB l~IQ.PT. ........,... -.......'" CoIIfII~~UaI- ......~.. -'-. '\ - ) \ . .. ~ .. , /' /' ""'"' N/F V\UJAt.l H. WOOD, JR. , , Y' N/F JANET H. HARVEY &. R. DIXON H. HARVEY. JR. /' , .---/ N/F tlRAM F.. WOODY III /' /' , , \ , , \ , , --~ , /' , N/F WlUJAM WOOD SCAL.E 1" 400' -~ I.) snE IVft I"Il[PMED fOR CAAOl"" J. DaiDm': IlESEIMlIR ROO.D; FISHEltS 1SlNlD, NEW YORK.: Dil.n, WMOl 2J, 2001: SClrU7: 10.40'; Sttt" , OF I: 0WIJl[R. P.o.u.lER. I(INC; NORlIllCH, CT. llllEi ~!lt~ON~.wr~~FNlOfl~.l~~~~ro ~~.lHEWENTNlDllE9JlNE'I'OREXCttD!llHESCOPE 2..) n IS" YIOl.ATlON or THE sr"tt EDUCo\tIOtIl../l.. FOIl JIH'r PERSON UNl.E'"..sACTINCUNDERlHEDIlECTlON OfALlC€HSEDLNtD stJRVE\"OIl:ro ,lUEJi......rTnllN>>NWJ.Y, lJw.~~ES...r~~~~~~D~ OF nit LNID SI.RY[YOR. 4.)OOORllII'MlEt:lIStJIrNC(SN!E.NEASl.JR[DfROUU.5.CCII\STN4> GEOOEOC~'fRWG.A.Al1ON5TA1lON"AKlS" ~~~~~.~a~lXlIJNTYOFSlJfFlllJ(tlIl.- I.' NlrA OWtrED IJY fITf, u.c _ 1.JO:I: #ICRES. WEIll "" ~ _OIt_RlT """""" ~ m GIW'tIC-..EIIlftEf ~ l! ~~ ~H~ !I ~n f l;: ~~ 15 ~ . q . > w . S l! < . < o m I ~ Ii II ~ .,; , ., H' DATE: 05/15/2006 SCALE: 1- _ 40' ~ SHEET 1 OF 1